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

Vol. 152 WASHINGTON, THURSDAY, SEPTEMBER 14, 2006 No. 114 House of Representatives The House met at 9 a.m. WELCOMING RABBI AMY RADER b 1000 Rabbi Amy Rader, B’nai Torah Con- AFTER RECESS gregation, Boca Raton, Florida, offered The SPEAKER. Without objection, the following prayer: the gentleman from Florida is recog- The recess having expired, the House When the theologian of my tradition, nized for 1 minute. was called to order by the Speaker pro Dr. Abraham Joshua Heschel, marched There was no objection. tempore (Mr. REHBERG) at 10 a.m. in Selma, Alabama, with Dr. Martin Mr. SHAW. Mr. Speaker, I am pleased f Luther King, Jr., Rabbi Heschel said: and I am most honored today to wel- ‘‘My feet were praying.’’ ANNOUNCEMENT BY THE SPEAKER Esteemed men and women in this come Rabbi Amy Rader and her family PRO TEMPORE Chamber, I ask for God’s help to move here to Washington, DC. The SPEAKER pro tempore. The our prayers from our lips to our feet. Rabbi Rader is an excellent leader Chair will entertain ten 1-minutes per Our world is in desperate need of ac- and role model for the Jewish commu- side. tion, change, and presence. As the lead- nity, and for people of all beliefs. I f ers of this sacred democracy, your feet proudly nominated her to share her in any one place can make the dif- faith and offer her prayers for our THE FACE OF THE ENEMY ference between life and death. country on the House floor this morn- (Mr. POE asked and was given per- May it be God’s will that your feet ing, and I thank her for coming. mission to address the House for 1 lead our country on the path of com- After having studied in both Jeru- minute and to revise and extend his re- passion and justice. May your feet salem and Los Angeles, Rabbi Rader marks.) walk steadily to draw the estranged was ordained by the Jewish Theo- Mr. POE. Mr. Speaker, in a few days closer and the vulnerable into protec- logical Seminary of America in New Americans will see the face of the tion. May your feet stand firmly and York City in 1999. Rabbi Rader also enemy. He will set foot on American united as the agents of freedom, equal- served as the rabbi for the Lakeland soil and speak before the United Na- ity, progress, and hope. Hills Jewish Center in New Jersey, and tions. Master of the universe, inspire our was the first Jewish chaplain at Meth- President Mahmoud Ahmadinejad of deeds to be their own prayers. May our odist Hospital in her hometown of Min- Iran, the person who denies the Holo- work join with God’s spirit to bring neapolis. caust ever happened and wants Israel about a better day for all creation. decimated and destroyed, insists he is Amen. Rabbi Rader is now an associate not making nuclear bombs but just nu- f rabbi at B’nai Torah Congregation in clear power. No one believes him, and Boca Raton, where she directs their THE JOURNAL why should we? Mitzvah program. In her 4 years in the This is the same man who is accused The SPEAKER. The Chair has exam- Boca Raton community, Rabbi Rader of holding U.S. soldiers hostage after ined the Journal of the last day’s pro- has earned a reputation as a compas- taking the U.S. embassy in Tehran. ceedings and announces to the House sionate pastoral counselor as well as an And some people say this picture his approval thereof. inspiring teacher and lecturer. I am proves it; here he is with an American Pursuant to clause 1, rule I, the Jour- honored to have her here with us hostage that he is holding. nal stands approved. today. But the Iranian attack on our em- f bassy in 1979 is overshadowed by IEDs PLEDGE OF ALLEGIANCE f in Iraq, supplied by Iran, to kill Amer- The SPEAKER. Will the gentleman ican soldiers every day. In a recent RECESS from Florida (Mr. SHAW) come forward interview, he did not deny having sui- and lead the House in the Pledge of Al- cide bombers ready to strike America. The SPEAKER. Pursuant to clause We would never have invited Lenin, legiance. 12(a) of rule I, the Chair declares the Mr. SHAW led the Pledge of Alle- Stalin, Hitler or Mussolini to the U.S. House in recess subject to the call of Now we are welcoming this terrorist on giance as follows: the Chair. I pledge allegiance to the Flag of the American soil. Instead of receiving United States of America, and to the Repub- Accordingly (at 9 o’clock and 4 min- keys to the city, shouldn’t he receive lic for which it stands, one nation under God, utes a.m.), the House stood in recess keys to the jailhouse? indivisible, with liberty and justice for all. subject to the call of the Chair. And that’s just the way it is.

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

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VerDate Aug 31 2005 04:31 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.000 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6538 CONGRESSIONAL RECORD — HOUSE September 14, 2006 CONGRATULATING THE DETROIT these nationally significant institu- tunity for those who could not speak SHOCK ON WINNING THE 2006 tions. for themselves. WOMEN’S NATIONAL BASKET- I urge my colleagues to work towards Ann Richards stood for the oppor- BALL ASSOCIATION CHAMPION- ensuring that generations of African tunity for women in the public sector. SHIP American students are able to benefit She said to us, do not turn back, and (Ms. KILPATRICK of Michigan asked from the very special contribution that yes, we can. and was given permission to address HBCUs provide to higher education. None of us who knew and loved Ann the House for 1 minute.) f Richards will ever forget her or the way she heightened and brightened the Ms. KILPATRICK of Michigan. Mr. MOURNING THE LOSS OF FORMER lives of all the people she served. She Speaker, I stand to congratulate the TEXAS GOVERNOR ANN RICHARDS Detroit Shock, the Women’s National was one in a million and she will be (Ms. JACKSON-LEE of Texas asked Basketball Association’s champions for deeply missed. She will never be re- and was given permission to address 2006, the second time they have won placed. She was an American original. the House for 1 minute and to revise the title in 3 years; 12 outstanding She was my friend. We will forever be and extend her remarks.) in her debt and forever miss her. women, who have come forth and per- Ms. JACKSON-LEE of Texas. Mr. severed and won the championship one Thank you, Ann Richards, for being Speaker, it is my sad duty to report to the kind of role model for all the more time. Six of those women were on the House of Representatives the loss the world championship team of 2003. women, all the girls and all of America. of an American original, and that is f Congratulations to Coach Bill our former governor, the great Ann Laimbeer, Assistant Coach Rick Richards. Governor Richards died yes- FEAR IS ALL THE REPUBLICANS Mahorn, as well as Cheryl Reeve. Most terday after a long battle with throat HAVE TO OFFER valuable player Deanna Nolan, con- cancer. She was 73. (Mr. MCDERMOTT asked and was gratulations for those jump shots and I can tell you for sure that Ann Rich- given permission to address the House tenacity. ards made us proud to be Texans. Doro- for 1 minute.) You stand in history in the Women’s thy Ann Willis Richards began her ca- Mr. MCDERMOTT. Mr. Speaker, the National Basketball Association, as reer in politics in the early 1970s after Republicans gave us their November 7 well as the National Basketball Asso- having raised four children. A Demo- resolution last night. Five years ago, ciation, as winners. Let women all over crat, she served as County Commis- the Nation stood as one, but the Repub- the world know that you can persevere sioner in Travis County, Texas, from licans have divided us ever since. They in whatever you choose to be. 1977 to 1982. Ann Richards was elected believe dividing America is the best Congratulations, Detroit Shock, 2006 to the first of two terms as Texas State hope for clinging to power in the No- Women’s National Basketball Associa- Treasurer in 1982. vember election. tion winners. We love you. She was born in Lakeview, Texas. They can pass self-congratulatory f She grew up in Waco, Texas, and grad- resolutions that have more to do with uated from Waco High School. And she November 7 than September 11, but HONORING XAVIER UNIVERSITY, loved her Texas. patting themselves on the back is no DILLARD UNIVERSITY AND After graduation, she taught social substitute for protecting the American SOUTHERN UNIVERSITY AT NEW studies and history at Fulmore Junior people by adopting the recommenda- ORLEANS High School in Austin, Texas, from 1955 tions of the bipartisan 9/11 Commis- (Mr. JEFFERSON asked and was to 1956. She had two daughters and two sion. given permission to address the House sons in the following years, and she Republicans have not done that. In- for 1 minute.) campaigned for Texas liberals and pro- stead, Republicans have been ordered Mr. JEFFERSON. Mr. Speaker, as we gressives such as Henry B. Gonzalez, by the President to continue his fiction honor Historically Black Colleges and Ralph Yarborough, and Sarah that Iraq and al Qaeda were connected. Universities this week, I rise to ap- Weddington, and she was not ashamed. The evidence proves otherwise, so Re- plaud the commitment and tradition of In 1976, Richards ran against and de- publican leaders are trying to hide the HBCUs in my district. I am proud to feated a three-term incumbent on the evidence beneath their rhetoric. say that in my district I am able to Travis County, Texas, Commissioner Just remember this: Republicans represent three of the most well-known Court. have propped up this President by HBCUs in the country: Xavier Univer- Ann Richards gave that unforget- spending more on the Iraq war than on sity, Dillard University and Southern table keynote address in the 1988 domestic security. Republicans have University at New Orleans. Democratic National Convention, and given us fear and fiction around the Xavier University ranks among the she turned the Nation around. fifth anniversary of 9/11. Just imagine top in sending African Americans to In 1990, she sought the Democratic what they have in store for us in the medical school and accounts for a large gubernatorial nomination. She won next weeks. share of African American pharmacists and she won as governor. And I am re- Fear has never made America safer, nationwide. minded of the Honorable Barbara Jor- but that is all the Republicans have to Dillard, highly regarded by U.S. News dan, who campaigned for her; and the offer, and that is simply not enough to and World Report, has become widely two of them were Texas’ dynamic duo. protect and defend America in the 21st known for its nursing program. She did a lot as governor. The first century. After starting with only two build- thing she said was to cut the shackles f ings SUNO has produced leading Afri- off of the governor’s house and opened can Americans in the disparate fields it to the people of Texas. That is the WE NEED A NEW DIRECTION ON of social work and computer science. kind of public official Ann Richards SECURITY IN AMERICA Collectively, these schools have was and continued to be, someone who (Ms. SOLIS asked and was given per- served as profiles in courage and lead- believed in the people’s house and the mission to address the House for 1 ership as they rebuild in the face of people first. minute and to revise and extend her re- Hurricane Katrina, which still threat- She helped jump-start the economy marks.) ens the future of all of them. in Texas. She helped reform the prison Ms. SOLIS. Mr. Speaker, today I rise They have done a great deal with system by providing an abuse program because America needs a new direction sometimes lean resources; however, for inmates, and she instituted the for homeland security. Our Republican that is the signature of HBCUs across Texas lottery so that educational op- colleagues are ignoring our Nation’s the Nation. As a proud graduate of portunities could be improved for our real security needs. Southern University in Baton Rouge, I children. The 9/11 Commission made 41 rec- have been one of the many bene- Texas has lost a wonderful native ommendations on ways to make our ficiaries of the positive, nurturing and daughter, someone who loved and cher- Nation safer, but just this December high-quality education provided by ished democracy, justice, the oppor- America received a flunked Homeland

VerDate Aug 31 2005 00:19 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.002 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6539 Security 101, receiving 10 Cs, 12 Ds and foreignpolicy.com, an overwhelming the House for 1 minute and to revise 4 Fs. majority of America’s foreign policy and extend his remarks.) Only 6 percent of containers at our experts across the political spectrum Mr. LARSEN of Washington. Mr. ports are being screened, most air believe we are less safe today. Speaker, today I rise to honor the life cargo is not being screened, and 5 years Eighty-four percent of those inter- of John Watters Wright. I had the after 9/11, the Nation still lacks a uni- viewed for the survey said we are los- privilege of meeting John 3 short years fied terrorist watch list for airline pas- ing the war on terror, and 86 percent ago when I was able to present a com- sengers. said the world is becoming more dan- mendation and his Bronze Star he had We need a new direction for Amer- gerous for the U.S. and for the Amer- earned in World War II. ica’s security. We must guard against ican people. Again, this is a study of In 1944, as a soldier in World War II, future attacks by implementing all the the top 100 national security experts in actually as a marine in World War II, 9/11 Commission recommendations; and our Nation, weighted for balance be- John was badly wounded during a snip- we must screen 100 percent of our con- tween conservatives and liberals. er attack. Despite serious injuries, he tainers and cargo bound to the United Leslie Gelb, the president emeritus of kept fighting. He destroyed the enemy States in ships and planes; and we the Council on Foreign Relations, stat- sniper’s nest, saving himself and the must ensure our first responders have ed, ‘‘Foreign-policy experts have never lives of others in his division. His CO the training, equipment and tech- been in so much agreement about an recognized John’s heroism and prom- nology they need. administration’s performance abroad. ised to cite him for a deserved medal to The reason is that it’s clear to nearly f commemorate his actions. all that President Bush and his team In 2003, I had the privilege of pre- PRESIDENT’S ATTEMPTS TO CON- have had a totally unrealistic view of senting John with the awards that he NECT IRAQ WITH THE OVERALL what they can accomplish with mili- had earned 59 years earlier. So nearly WAR ON TERROR tary force and threats of force.’’ 60 years after his self-sacrificing ac- In other words, our Nation not only (Ms. LEE asked and was given per- tions, the United States finally ac- needs a military strategy, but it also mission to address the House for 1 knowledged the heroism he displayed needs a diplomatic strategy. It is time minute.) in World War II with a Bronze Star, but for a new approach, a new direction Ms. LEE. Mr. Speaker, President it was an acknowledgment delayed far that includes both. Bush continues to say that one of the too long. most difficult parts of his job is trying f Corporal Wright died last month, and to connect the war in Iraq with the U.S. MUST USE INFLUENCE IN A as we honor the life of Corporal Wright, overall war on terror, but I tell you it POSITIVE WAY IN THE MIDDLE we are challenged by his patriotism. He is a difficult job because it is clear EAST challenged us not only to recognize our there is no connection between the war (Mr. KUCINICH asked and was given veterans, but he challenged us to care in Iraq and the overall global war on permission to address the House for 1 for our veterans when they come home terror. minute and to revise and extend his re- from deployments. He challenged us to Just this past week, a bipartisan marks.) defend the Constitution and the Bill of Senate Intelligence Committee report Mr. KUCINICH. Mr. Speaker, the Rights without question, but do that concluded that there was no link be- United States must begin to use its in- through debate and sometimes dis- tween Saddam Hussein and al Qaeda. In fluence in a positive way in the Middle sents. fact, the Senators wrote that Saddam, East to help secure Israel by first So I stand today to honor the life of ‘‘only expressed negative sentiments bringing all parties together in the re- Corporal John Watters Wright, who is about Osama bin Laden.’’ gion, without preconditions, for peace truly an American hero. And yet, President Bush continues to talks. The U.S. made a mistake by f contend that our Nation’s safety de- standing aside during the 34-day war. pends on what happens on the streets SECRETARY OF DEFENSE DONALD We now must help to create the cir- RUMSFELD of Baghdad. With all due respect, this cumstances which stabilize the Govern- is just not the case. ment of Lebanon by assisting with the (Ms. SCHWARTZ of Pennsylvania The President is trying to convince recovery and by helping with the res- asked and was given permission to ad- the American people that al Qaeda is toration of housing, businesses and in- dress the House for 1 minute and to re- responsible for all of the violence in frastructure. vise and extend her remarks.) Iraq. In reality, the overall majority of Secondly, the situation in Gaza is Ms. SCHWARTZ of Pennsylvania. Mr. the violence today comes from the desperate. Unemployment is approach- Speaker, more than 3 years after Presi- growing sectarian divisions between ing 50 percent. The government work- dent Bush declared ‘‘mission accom- the Sunnis and the Shias, a civil war force, 40 percent of all workers have plished,’’ U.S. troops, their families, which some of us believe has begun. been paid only about a dime on a dollar and all Americans continue to pay a From day one, the Iraq war diverted due in wages since the beginning of the high price for the Bush administra- the Bush administration’s attention year. Childhood malnutrition cannot tion’s ‘‘stay the course’’ policy in Iraq. from those who attacked us on 9/11. even be resolved by the massive U.N. We cannot afford to stay the course Today, Osama bin Laden is still at aid now, which characterizes 70 percent in Iraq. We need a new direction, which large, and the Taliban is alive and well of the population as refugees. must begin with new leadership at the in Afghanistan. With no jobs, little or no electricity, Department of Defense. Secretary It is time for the President to focus limited access to water, conditions are Rumsfeld must be held accountable for his attention on those responsible for dire. The U.S. cannot stand by and per- his misconduct of this war. He has exe- the horrific 9/11 attacks 5 years ago. mit this humanitarian disaster to con- cuted it with no plan beyond the initial f tinue. We must do everything we can invasion, rejecting sound advice and to help Israel secure itself. guidance from experienced generals, AMERICA IS NOT SAFER ACCORD- We also have to remember that we Middle East experts, troops on the ING TO BIPARTISAN PANEL OF must use our influence to bring about ground, and elected officials from both FOREIGN POLICY EXPERTS peace by recognizing the conditions sides of the aisle. (Mr. CARNAHAN asked and was which exist. From his failure to prepare the mili- given permission to address the House f tary for extended deployments, to his for 1 minute and to revise and extend b 1015 decision to disband the Iraqi military, his remarks.) to his unwillingness to acknowledge Mr. CARNAHAN. Mr. Speaker, the IN MEMORY OF JOHN WATTERS miscalculations and false information, President says America is safer today WRIGHT, CORPORAL, WORLD he has demonstrated that he does not than it was before 9/11, but according WAR II grasp the challenges facing the Iraqi to a new report recently released from (Mr. LARSEN of Washington asked people or the challenges facing our Na- Foreign Policy magazine at and was given permission to address tion and the military.

VerDate Aug 31 2005 00:19 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.004 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6540 CONGRESSIONAL RECORD — HOUSE September 14, 2006 His failed management of the war has trolled by the chairman and ranking The Secure Fence Act also mandates not made us safer, and his recent at- minority member of the Committee on that the Department of Homeland Se- tacks against Americans who question Homeland Security. It waives all curity achieve and maintain oper- our strategy undermine the very free- points of order against consideration of ational control over the entire border doms he has sworn to protect. the bill and provides that the amend- through a ‘‘virtual fence’’ utilizing To fulfill our national security mis- ment printed in the Rules Committee leading edge technology and through sion, it is time for a new Secretary of report accompanying the resolution established best practices to create op- Defense and time for a new direction in shall be considered as adopted. Finally, timum results at the most efficient Iraq. the rule provides the minority with one cost. This includes the deployment of f motion to recommit, with or without cameras, ground sensors, unmanned instructions. aerial vehicles, and integrated surveil- MESSAGE FROM THE SENATE Mr. Speaker, I rise today in strong lance technology. A message from the Senate by Ms. support of this rule and the underlying This legislation further requires the Curtis, one of its clerks, announced bill, H.R. 6061, the Secure Fence Act of Department of Homeland Security to that the Senate has passed without 2006. This legislation, much of which provide all necessary authority to bor- amendment a bill of the House of the has already been passed by the House der personnel to disable fleeing vehi- following title: as part of H.R. 4437, the Border Protec- cles, similar to the authority already H.R. 1442. An act to complete the codifica- tion, Anti-terrorism, and Illegal Con- held by United States Coast Guard for tion of title 46, United States Code, ‘‘Ship- trol Act of 2005, is a positive step in re- maritime vessels. ping’’, as positive law. gaining operational control of our bor- Finally, this legislation requires DHS The message also announced that the ders and achieving broad reform of the to assess our Nation’s vulnerability on Senate has passed bills of the following immigration process. our northern border and to address how titles in which the concurrence of the This legislation is the product of five they can be effectively and efficiently House is requested: formal hearings in standing commit- resolved. tees during this Congress alone. It also Mr. Speaker, this legislation rep- S. 1902. An act to amend the Public Health Service Act to authorize funding for the es- draws on a number of hearings in past resents a commonsense step that this tablishment of a program on children and Congresses and a wealth of information Congress can take to deal with prob- the media within the Centers for Disease learned through field hearings con- lems of alien smuggling, illicit drug Control and Prevention to study the role and ducted over the August recess by Mem- running, and illegal immigration. The impact of electronic media in the develop- bers of this Republican majority. House has already passed a more com- ment of children. Last month, many Members of this prehensive bill that enjoyed the sup- S. 2464. An act to revise a provision relat- body, who were greatly concerned with port of 239 bipartisan Members. But be- ing to a repayment obligation of the Fort addressing the problem of our porous cause a broader package of reforms McDowell Yavapai Nation under the Fort borders, traveled across the country to McDowell Indian Community Water Rights may not be enacted into law this year, Settlement Act of 1990, and for other pur- determine what steps could be taken to our Republican leadership has decided poses. harden our borders and ensure that to take the least controversial portions those who would wish to harm us can- of this broader reform effort and to f not exploit this well-documented weak- pass them in pieces that the other body PROVIDING FOR CONSIDERATION ness. can then take up and pass. OF H.R. 6061, SECURE FENCE ACT Like many other Members, over Au- I would like to commend Speaker OF 2006 gust I traveled to our border. I traveled HASTERT and Majority Leader BOEHNER Mr. SESSIONS. Mr. Speaker, by the with Congressmen CHARLIE DENT, for their vision and leadership in bring- direction of the Committee on Rules, I HENRY CUELLAR, JOHN DOOLITTLE, and ing this commonsense bill to the floor call up House Resolution 1002 and ask JO BONNER to meet with Border Patrol today. I would also like to thank my for its immediate consideration. agents from Laredo, Texas, and to see dear friend, Mr. SENSENBRENNER, chair- The Clerk read the resolution, as fol- firsthand the needs of our country as it man of the Judiciary Committee, and lows: relates to border protection. Chairman PETE KING, who is chairman We discussed with these dedicated of Homeland Security, and all the Resolved, That upon the adoption of this men and women on the front line of our resolution it shall be in order without inter- members of the Judiciary and Home- vention of any point of order to consider in border how best to address the rampant land Security Committees for their the House the bill (H.R. 6061) to establish drug and human smuggling that occurs hard work in doing the research and operational control over the international in an area along our southern border. hearings that were necessary to bring land and maritime borders of the United We learned firsthand of the challenges this bill to the floor. States. The amendment printed in the report faced by our brave Border Patrol I encourage all my colleagues to sup- of the Committee on Rules accompanying agents in combating the flood of crimi- port this rule and the underlying legis- this resolution shall be considered as adopt- nal activity that occurs along our lation to provide operational control of ed. The bill, as amended, shall be considered southern border on a daily basis. The as read. The previous question shall be con- our borders. sidered as ordered on the bill, as amended, to information we learned on this trip, Mr. Speaker, I reserve the balance of final passage without intervening motion ex- and the information learned from doz- my time. cept: (1) one hour of debate equally divided ens of other field hearings just like this Mr. HASTINGS of Florida. Mr. and controlled by the chairman and ranking from this past August, all have been in- Speaker, I thank the gentleman from minority member of the Committee on corporated in the legislation that we Texas, my friend, Mr. SESSIONS, for the Homeland Security; and (2) one motion to re- will hope to take up today. time, and I yield myself such time as I commit with or without instructions. The Secure Fence Act of 2006 ad- may consume. The SPEAKER pro tempore. The gen- vances the rule of law and protects our Mr. Speaker, I rise today in strong tleman from Texas (Mr. SESSIONS) is Nation by providing our Border Patrol opposition to this closed rule and the recognized for 1 hour. with the tools they need to achieve underlying legislation, which is noth- Mr. SESSIONS. Mr. Speaker, for pur- operational control of the border. The ing more than political gamesmanship poses of debate only, I yield the cus- language closely mirrors sections 101, in the run-up to the mid-term election. tomary 30 minutes to the gentleman, 1002, and 1003 of the border bill already Sounds good, does nothing. my friend, from Florida (Mr. passed by the House, and authorizes To paraphrase the Vice President, it HASTINGS), pending which I yield my- more than 700 miles of two-layered re- seems to me that the majority is in the self such time as I may consume. Dur- inforced fencing along the southwest last throes of keeping control of the ing consideration of this resolution, all border with prioritized placement at House and is throwing vacuous public time is yielded for purposes of debate critical, highly populated areas. It also policy at us in a vain attempt to fool only. requires an evaluation of infrastruc- the American public. Well, Mr. Speak- This rule provides for 1 hour debate ture needs along the northern border of er, I believe the American people are in the House, equally divided and con- America. much smarter than that. They can see

VerDate Aug 31 2005 04:31 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.006 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6541 through these charades to see that this 24 hours a day, 7 days a week. And As chairman of the Subcommittee on country needs a new direction. there is no one in this body or in Amer- International Terrorism and Non- This bill is a case in point. If you ica that is concerned about this issue proliferation, I held field hearings in were to believe my colleague, my that does not understand the need to San Diego on July 5 and Laredo, Texas, friend from Texas, Mr. SESSIONS, and secure our borders. Everybody knows on July 7. We heard from the men and the other proponents of this legisla- that. women of the Border Patrol whose job tion, this bill would lead to the con- The Thompson legislation authorized it is to secure our border. We heard struction of a fence along some parts of 3,000 additional Border Patrol agents. from the sheriffs whose deputies have the United States-Mexican border. But It would have allowed for the creation been shot in the line of duty. We heard guess what? This bill does not author- of 2,000 more immigration officials and from Federal inspectors who have ize a single nickel or dime for con- hundreds more detention officials. It smuggled across that porous border the struction. would have enlisted 250 more Federal materials for a dirty bomb. I asked the distinguished chairman of marshals and more than 70 new judge- And so this hearing that was focused the Homeland Security Committee, our ships to deal strictly with immigration on border vulnerabilities, we heard colleague, and my friend, PETER KING issues. from these witnesses and we heard of New York, yesterday, point-blank, Yes, all of this could have been con- them express that the border fence is in the Rules Committee, ‘‘Does this bill sidered today on the House floor. It very effective. The Border Patrol testi- fund construction of a fence along our would have been considered if the ma- fied as to that effectiveness. Daryl border?’’ The transcript of the Rules jority party was truly interested in Griffin, who is the chief agent in San Committee hearing will back me up protecting the American people instead Diego, said, ‘‘It is a great force multi- when I say that Chairman KING an- of their own positions as the majority. plier. It expands our enforcement ca- swered with, ‘‘No, but.’’ And Members Sounds good, does nothing. pacity. It allows us the discretion to of the majority party always seem to I invite my colleague, Mr. SESSIONS, redeploy agents to areas of vulner- have an excuse at the ready when they to point out in this legislation where ability or risk. It is one component pretend to legislate but simply pontifi- any money is spent to put a border that certainly has been integral to ev- cate. along the United States-Mexico border. erything we have accomplished here, If Americans want to see results in- I urge a ‘‘no’’ vote on this closed rule raising the level of security.’’ stead of rhetoric, if taxpayers would and the underlying bill. A fair question is, how effective has like solutions instead of sound bites, Mr. Speaker, I reserve the balance of it been in San Diego? Well, apprehen- and hard work instead of horse trading, my time. sions along the region with a security I suggest you take a short look, and it Mr. SESSIONS. Mr. Speaker, at this fence dropped from 202,000 in 1992 to won’t take much longer, at the accom- time I would like to yield 7 minutes to 9,000 in 1994. plishments of this Congress. the gentleman from Fullerton, Cali- With the establishment of the border I don’t intend to waste too much of fornia, chairman of the International fence in San Diego, crime rates have our time on this lazy attempt at legis- Terrorism and Nonproliferation Sub- fallen off dramatically. Vehicle drive- lating. I will let others do that. How- committee, Chairman ROYCE. throughs have fallen. San Diego is no ever, there are a few other things to Mr. ROYCE. Mr. Speaker, let me say, longer one of the most prolific drug- consider when thinking about this bill. in order to spend the money, you first smuggling corridors. This so-called border security bill not have to authorize the money. In the This amendment puts a fence where only doesn’t spend a nickel, a penny, or Senate, as I rise in support of this rule it is needed most: in areas that have a dime of money to construct a fence, to consider H.R. 6061, let me say that the highest instances of drug smug- it also does not increase the number of the Senate has attached to the defense gling and illegal border crossings. It al- Border Patrol agents, customs, and im- authorization bill language, and this is lows the Border Patrol to focus its re- migration enforcement authorities. what is anticipated, that will discuss sources and better protect our border. the building of a border fence. But we It is past time that we strengthen oper- 1030 b want to make certain on the House ational control of all the borders and It doesn’t help law enforcement. It side as we pass the authorization lan- ports through additional physical bar- doesn’t provide accountability, and it guage and go into conference with the riers and fencing. won’t stop illegal immigration into Senate that we disabuse our colleagues In this bill is greater use of state-of- this country. in the other House from one concept, the-art technology and surveillance I said in last night’s meeting, there and that is the language that would along the Southwest border. Expanding ain’t no mountain high enough and preclude the construction of any border the border fence is needed and it is there ain’t no river valley wide enough fence without consultation with the needed now. The first step is to get the to stop the tide of what is happening Government of Mexico. Let me explain authorization, and the second step is to on our border unless we do it com- why I think that approach would not get the appropriation with the Senate. prehensively. be in the interest of the United States. This last year, I can tell you, just Get real, folks. If the Congress had We in California have dealt for some over this last 12 months, over 450 OTMs any real intent in making this country years now with trying to close one were apprehended illegally entering safer and more secure, they would have breach in our border fence. It is called the United States from special-interest allowed the ranking Democratic mem- Smugglers Gulch, a fence that runs countries, also from countries that are ber of the Homeland Security Com- from the foothills to the ocean. state sponsors of terrorism. So we see mittee to offer a substitute bill. Through that small 3-mile breach, it people coming over the border illegally If our colleague and my very good has taken 81⁄2 years to get the Cali- from Afghanistan, Angola, Jordan, friend, Mr. BENNIE THOMPSON of Mis- fornia Coastal Commission to go along Qatar, Pakistan, Yemen. I will give sissippi, had an opportunity to offer his with closing that fence in consultation, you one example. Mohammed Karani is legislation, then we could have had a 81⁄2 years, and it took an act of Con- the brother of a commander of serious debate. But, of course, the ma- gress that we passed here to do it. Hezbollah in south Lebanon. He came jority has no interest in allowing the So if the Senate prevails on this over the border in my State in the House to work its will; thus, closed issue, it means no border fence. We trunk of a car. He paid a coyote to get this rule. That only happens in a de- need this legislation to authorize the him across the border. He was later ar- mocracy. But had Mr. THOMPSON been border fence before we go into con- rested in Dearborn, Michigan. He is allowed to offer his substitute, we ference with the Senate. serving 41⁄2 years. He is a member of would have seen what a real homeland I am a cosponsor of this bill, and I Hezbollah. He was in the process of se- security bill looks like. was a cosponsor of the border fence curing funds and resources for The Thompson legislation would amendment offered by Congressman Hezbollah in the United States. have provided the technology, per- DUNCAN HUNTER and myself that was Two border Governors have declared sonnel and equipment needed to mon- added to the House-passed border secu- states of emergency over illegal immi- itor and secure every mile of the border rity bill last September. gration. This is something I think we

VerDate Aug 31 2005 00:19 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.009 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6542 CONGRESSIONAL RECORD — HOUSE September 14, 2006 can all agree upon, and it shouldn’t be look at those areas where people are sionals if we don’t treat them like pro- held hostage to immigration policies. crossing illegally. fessionals, if we don’t invest in the in- The 9/11 Commission studied the prob- Mr. HASTINGS of Florida. Reclaim- frastructure that is so desperately lem. Border security is national secu- ing my time, Mr. ROYCE, I am tired of needed? We were there, looking at their rity. At some point we have to come to studying and the American people are sensor systems, and it was a bipartisan grips with the fact that our Border Pa- tired of studying. The Thompson sub- group from the interparliamentary trol agents need a border fence on our stitute that was not allowed because of group. We looked at not just the phys- southern border in order for them to be this closed rule does, in fact, do what is ical layout of the station, but the con- able to secure an area where we are necessary for secure borders. dition of their vehicles. They need ve- now facing infiltration by members of Mr. Speaker, at this time I am more hicles. terrorist organizations like Hezbollah. than pleased to yield 5 minutes to a The vehicles, the technology that We should listen to those agents. colleague that I served with on the they were using, the cameras that they There is one who told me his personal Permanent Select Committee on Intel- were monitoring, were over 15 years story of stopping a man who had been ligence and who, for 26 years, was in old. The sensors were 20 years old. That trained in an Afghan training camp, charge of border security, the chief of is why, consistently, the message has originally from Uzbekistan. This man two major regions of border security been at all these hearings the last cou- injured him, actually bit his arm as he and who happened to be at the hearings ple of months that they need man- was trying to take him down. He told that you were at, Mr. ROYCE, my dis- power, they need technology, and they me one of his concerns was, this was tinguished colleague, SILVESTRE need infrastructure support, new tech- the second time this man tried to get REYES. nology that is available that will serve illegally into the United States. Post-9/ Mr. REYES. Mr. Speaker, as we de- as the force multiplier, Chairman, that 11, we have to be serious about border bate the issue of border security here, you were referring to. We can do much better than this. A security. This bill should pass this as we talk about an issue that is so vi- tally important to the American peo- fence is ludicrous in the face of the House. Mr. HASTINGS of Florida. Mr. ple, I am disappointed that we can’t needs of the Customs and Border Pa- trol people. Speaker, I yield myself such time as I seem to work together on this par- When we talk about the issue of fenc- may consume. ticular issue. I have been in Congress ing, and we compare that with all the Mr. Speaker, I would say to the gen- for 10 years. I have been advocating that we hire 1,000 to 1,500 Border Patrol other needs, and, believe me, at all the tleman from California (Mr. ROYCE), if hearings I was at the message was con- the gentleman you described was in the agents a year along with the resources sistent. In fact, when the question was back of a car, in the trunk, then he necessary to support them. Yet we get this proposal for a fence. asked of the chiefs, what about fencing, came through a port of entry. He didn’t This is the best we can do? This is well, fencing has limited use. As a ride across no mountain, and you could the best you can do to assure the former chief for over 12 years, I can tell have built every fence on Earth and he American people that we are going to you fencing would be down after those still could have been in the back of the focus on border security? It falls woe- three priorities, because across that car. fully short, and I say that with all due 2,000-mile border with Mexico that ev- Now let me straighten you out on respect because I spent 261⁄2 years on erybody is so concerned with, probably something else. We already, with the America’s border. When I retired, I had less than 10 percent, much less than 10 Hunter amendment to the border secu- been the chief for a little over 12 years percent, in one of the hearings that we rity measure, passed the identical lan- in charge of McAllen sector and El were talking about, we were concerned guage that is in here. This is nothing Paso sector. I am the one who insti- about a range in Yuma, Arizona. It but political gamesmanship when all is tuted Operation Hold the Line that seemed like it was an area that needed said and done. And for you to say that shifted border enforcement away from hundreds of miles of fencing. You know we have to do this before we can au- apprehension and towards deterrence. I what? It came out to 37 miles of fenc- thorize puts the lie to you being in the have, I think, the kind of experience ing that was needed. majority. You have the power to au- that we ought to be able to count on on I say, put up a fence for those 37 thorize. You could authorize. Don’t tell both sides of the aisle. miles. I supported the fencing with my the American people that we have to I have tried to work with many Mem- friend and colleague, DUNCAN HUNTER, wait for some mish-mash language that bers on the other side of the aisle and in San Diego, because it makes sense. has no money in it to build a fence, have always, as I put forth my ideas on But it does not make sense to put a that that is the only way that we can the issue of border security for the last 2,000-mile fence along our southern bor- do that. 10 years, have always been told, well, it der. It does not make sense, and it is Mr. Speaker, I yield to Mr. ROYCE to is not the right time. It’s too expen- not in the best interests of the tax- respond. sive, it is not the right strategy to pur- payers to foolishly commit to spending Mr. ROYCE. Mr. Speaker, I appre- sue at this time. at least $7 billion just on the construc- ciate the gentleman yielding. I really felt after 9/11 we would have tion of this fencing. We can do much The reason we cannot get the bill a new focus on border security. Today, better. through the Senate is because of the 5 years later, the American people are I am extremely disappointed that opposition of Senator KENNEDY and focused like a laser on the fact that our after all we hear about post-9/11, after others, and others, to the concept of borders are vulnerable. all we hear about the concern that ter- the border fence. I would say to my distinguished col- rorists are apt to hit us here in the Now the reason that it would be help- league, Chairman ROYCE, I was at the homeland again, that this is the best ful to have the fence is, when you are hearing in Laredo with you, as I have we can do. This is the equivalent of a stopping cars coming through and been at numerous hearings the last 2 doctor in the emergency room having a checking the trunks, if your Border Pa- months, hearings where the message patient come in from a severe auto- trol agents are spread out all along the has come across loud and clear from mobile accident with broken limbs and Southwest, it is a force multiplier to members of Customs and Border Pro- wounds over most parts of his body, have that fence. You can then deploy tection. What they need: They need and the physician saying, nurse, give more agents to the points where the manpower, they need technology and me a Band-Aid. This is a Band-Aid ap- smugglers bring people in in the trunks they need infrastructure. proach that we can do much better of cars. In Naco, Arizona, we have 1,200 to with. Mr. HASTINGS of Florida. So you 1,300 Border Patrol agents housed out Let us do a comprehensive piece of also favor a fence along the Canadian of a station that was designed for 25 legislation that addresses the three border because terrorists have come people. major priorities that the Border Patrol through from that area as well? wants, manpower, technology, infra- Mr. ROYCE. Let me just say in this b 1015 structure. Let’s not forget that there is very bill is a study to do just that, and That is infrastructure that we need. a whole pipeline. If you hire more Bor- study the northern border as well to How can we expect them to be profes- der Patrol agents, you need to hire

VerDate Aug 31 2005 00:19 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.010 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6543 marshals, you need to hire detention Mr. SESSIONS. I will not at this Mr. SOUDER. Mr. Speaker, it has officers. You need to hire judges. You time, but I know that the gentleman been my privilege here in Congress to need to hire prosecutors. All of that is has lots of time left to continue the de- serve as the Drug Policy chairman, and essential. Let’s do a comprehensive bate. also as a senior member of the Home- piece of legislation that the American We need to make sure that we are land Security Committee, and thus, people will finally say, this Congress doing what the men and women of law during most of my career, I have been gets the fact that we are in danger enforcement are asking for. What else on both the north and south border. A from terrorism. We can do better. This are they asking for? They are also ask- number of years ago, prior to the cre- is a ludicrous proposal, as far as I am ing for, and I have seen firsthand, the ation of the Homeland Security Com- concerned. need to better protect those people, the mittee, we did a major border report, Mr. SESSIONS. Mr. REYES, by the unassuming people, who illegally are the most comprehensive border report way, this entire body not only recog- entering our country, who do so at ever done in the history of this Con- nizes but appreciates your service to great risk and peril. These fences, gress. this Nation, not only for the profes- which are in our bill, not their bill, not In that process, we had done roughly, sionalism that you continue to exhibit 10 feet of fencing that is in their bill, I believe, six hearings on the Mexican but that which you did for your 26 will allow our Border Patrol agents to border and three on the Canadian bor- years. effectively deal with this huge number der, and I have personally visited near- I would say to the gentleman two of people who are coming here to wall ly every border crossing on both the things, if I could politely suggest to off areas that are dangerous for our north and south border with very few him that he knows it is not truthful to men and women, as well as people who exceptions. say that we are going to have a 2,000- are just dumped off on the border late In that course of time, it becomes ap- mile fence along the border. That has at night and told, go that way. parent that some of what Mr. REYES not been suggested. We have never Mr. Speaker, we have taken time, Re- has been saying is absolutely true. We talked about that, and to insinuate publicans and Democrats have taken do not have enough money for the Bor- that would simply be untruthful. time to come to our border and see der Patrol. We do not have a salary We have not suggested that, and this what we need. It is the Republicans scale with which to keep them in the bill very specifically, and I would like that heard from the Border Patrol Border Patrol, and I have worked over to have the gentleman, if he would like agents and others. We need to help pro- multiple years to keep increasing that. to get a copy, relates to adding 10 miles tect this country, yes, but we need to In fact, we have tried to increase the of fencing that extends 10 miles west of do it to protect people who many times Border Patrol here in Congress, be- the Tecate, California port entry to 10 get in trouble, many times who need cause it is not easy to just stay stand- miles east of the Tecate, California, desperate help, and it is to help save ing in the sand, in the heat, day after port of entry; 10 miles west of Calexico, our agents as well as those people. day. We have tried to vary their posi- California to 5 miles east of Douglas, I am proud of my bill. For the char- tions, but when they get other opportu- acterization that this is a do-nothing Arizona; 5 miles west of the Columbus, nities to be air marshals, when they bill, I would say, I am sorry that you New Mexico, port of entry to 10 miles get other opportunities to take other didn’t hear what was said at these im- east of El Paso; extending 5 miles posts, they tend to leave. portant hearings and did something northwest of Del Rio to 5 miles south- We, in spite of our hiring, have been about it. That is all this bill is. It is to east of Eagle Pass, Texas; extending 15 putting hundreds and thousands take what we heard of the most imme- miles northwest of the Laredo, Texas, through training and can barely gain diate concerns. We know we have a de- port of entry to the Brownsville, Texas, in the numbers. We need to be more ag- bate with the Senate. We know we have port of entry. This will be literally 100 gressive, and we need to have a real- got some problems trying to negotiate miles worth of fencing. It will be 700 istic pay scale and job opportunities that through, but this should not be miles worth of fencing when you add up for the people who go into our Border held hostage. Patrol, but absolutely we need to ramp the total. What we are trying to do is I would like to go directly, Mr. up at a faster rate the number of Bor- to take the things that we heard first- Speaker, to H.R. 6061, which is what we der Patrol people. We need to make hand that the men and women who are discussing here, but bringing in to sure they have adequate facilities with work on the border said. This is the incorporate the things that we know them, cars, equipment, radios, that priority, not 2,000 miles. we have already done under our FY07 Mr. REYES. Will the gentleman yield Department of Homeland Security ap- when some of the drug terrorists or on that point? propriations. We are going to provide people who are moving large numbers Mr. SESSIONS. I yield to the gen- for $19.6 billion for border protection. of people come out with more military tleman from Texas. What we are going to do, as I recall weapons and guns than our Border Pa- Mr. REYES. The reference to 2,000 it is darn near September, and as soon trol have, and in greater numbers, we miles of fencing I heard repeatedly by as this month is over with we want to have a human problem at the border, Members of your party at the hearing. have new money. We are going to pay and we need to understand that in Mr. SESSIONS. I would like to re- for this fencing. To assume or to say many cases those who are trying to in- claim my time. We have talked about that it is not going to happen would vade us are armed, and armed more ag- this since 2001. The fact of the matter really be, I think, less than honest. The gressively. is that this bill is very specific. It aims administration is working with this We may have places where we have directly at where the problem is. I body. We are opening up this informa- one agent or two agents with 100 to 200 would like to also note that not one tion to the other party that had been a people coming at them. It is a very dif- mile of fencing is in the Democrat part of the hearings, and they know ficult job, and we ought to raise, de- plan, not even 15 feet worth of fencing. that we are going to have money that fend, expand and give the equipment to I don’t know how you can have a com- is available directly for the needs of our Border Patrol. That is what we do prehensive plan when you talk directly what this bill is about. in the Homeland Security bill, and we to Border Patrol agents who are in La- But what this bill specifically does is need to ramp it up faster. redo, Texas and other points along the it says this is the priority at this time. But there is another problem here, border, and they say their number one We believe the fencing is there for good and my friend Mr. REYES and I have concern, they are asked is the fencing, and intended purposes. been at joint hearings, we have trav- first of all, to allow them for their own Mr. Speaker, at this time I yield 8 eled together, and I very much respect safety, their own safety. The men and minutes to the gentleman from Indiana his position. But with the people along women of law enforcement who are (Mr. SOUDER), the vice chairman of the the border, it is a much more con- down there have asked for, and, in the Criminal Justice and Drug Policy Sub- troversial issue. But as we look at a Republican bill, will get the fencing committee. broader immigration strategy in the that they have asked for. (Mr. SOUDER asked and was given United States, and I absolutely agree Mr. REYES. Will the gentleman permission to revise and extend his re- with that, we have three different prob- yield? marks.) lems, the illegal immigration problem,

VerDate Aug 31 2005 00:19 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.012 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6544 CONGRESSIONAL RECORD — HOUSE September 14, 2006 the terrorism problem and the nar- side and bulldoze it down. They bull- will always be the critical part, be- cotics and contraband problem. Nar- doze it down. When I was there with cause they will come around the cotics and contraband would also in- the sector chiefs on either side, they fences, they will come over the fences, clude chemical, nuclear and biological started up the bulldozer and they said, but it is one way to control the size of weapons and parts. ‘‘Mr. SOUDER, you need to get out of the vehicles, the size of the weapons, Basically, if you can’t protect your here. It is not safe anymore.’’ Our the quantity that is coming at you. border, you are not safe. If you can’t agents had to retreat when they came And I strongly believe that we need protect your border, you don’t know out with their guns. this fence, and I do not understand, I who is here. If you can’t protect your This is a huge problem at Neely’s do not understand, the Democratic op- border, we cannot stop what will be a Crossing. That is one of the areas position to a fence. flood now of meth precursors and meth where there has to be at a minimum a Mr. HASTINGS of Florida. Mr. coming across the border now that we barrier fence that can take a 40-mile- Speaker, I yield myself such time as I have changed our internal laws. an-hour hit from a large vehicle, be- may consume. This is a comprehensive question, cause no Border Patrol agent can stop Mr. Speaker, before yielding again to and we need a comprehensive solution. it. Mr. REYES, I would say to Mr. SOUDER, But part of that is a fence, and you In New Mexico, as I was visiting in there is nobody here that has opposi- have to have different types of fencing, New Mexico, we pioneered a fence there tion. We have already passed a measure physical fencing, fences that keep peo- because there have been vehicles at that has 370 miles of fencing. Why ple out or at least going over the top so high speed and knocking down some of don’t the people over here just fess up? the Border Patrol can kind of bend be- these fences that will now take that Their argument is against the Senate hind them and get them in groups, kind of hit, as well as they are doing it plan that has a guest worker program rather than having to station 20,000 in Yuma, Arizona. People are coming in it. It already has fence in it, so that Border Patrol agents who cannot cover into the Barry Goldwater Air Range. is not even the issue. 1,000 miles. You have to have fencing to We have to either stop our training or What I continue to ask, and I invite drive them to certain locations to give we are going to drop a bomb on these Mr. SESSIONS again to answer, is time for the Border Patrol to sag and individuals. whether or not the measure we are dis- work with that. It is not realistic. They are going through the Organ cussing today has one penny, one nick- That is why the fences work well in Pipe Cactus Park, and some of the el or one dime in it to build a fence. San Diego, why the fences worked well most beautiful hiking trails in Amer- Mr. Speaker, I yield an additional in El Paso. In the areas where there are ica are no longer safe. We had a park minute to Mr. REYES to respond to gaps in those fences, and it is difficult ranger killed there. It is chaos in some of the matters that were brought in Mr. REYES’ home area in El Paso, is Organ Pipe. to our attention earlier. where the road comes so close to the In South Padre Island National Park, Mr. REYES. Mr. Speaker, I thank the line or the railroad comes close, and they have, they said, drug dealers com- gentleman for yielding. there isn’t fencing, and there is a huge ing up, all sorts of things. It is in times Mr. Speaker, there is a fundamental challenge for the Border Patrol. in danger of being overrun. We have difference in how we approach this Now, we have some places, let me fish and wildlife areas where habitat is issue. Our plan says, we want to fund give you an illustration, which I have being absolutely destroyed by the num- infrastructure, let the chief make the talked to Chairman HUNTER, and I ber and the quantity of illegal immi- decisions. don’t believe is in the 700 miles, but we grants moving through. When the gentleman from Texas have talked about we need to add it, We need to have more Border Patrol talks about there isn’t any proposal in that is over in west Texas in the sec- agents, but they need the supplemental our bill for fencing, here is what infra- tor, I believe it is Marfa, just right at fencing to help control that. And it structure entails. It entails buildings, the edge of the Marfa sector just east will not reduce the number of Border antivehicle barriers, observation tow- of El Paso. There we have a place Patrol agents. It will decrease the de- ers, access roads and fencing. The dif- called Neely’s crossing. mand. ference is, we don’t legislate from here We recently had a case where a truck The thing the American people need and tell a chief patrol agent, this is was moving what we believe was 10,000 to understand is, this will be expensive. how much fence you are going to get. pounds of marijuana, 10,000 pounds, 5 We can’t work out our internal con- We tell them, this is what is available, tons. Our Border Patrol came up on the trols and figure out whether we are you tell us what you need. vehicle. going to do work visas, what we are When the gentleman talks about going to do for the people here, if we what is needed, what the testimony b 1100 don’t have secure IDs and we don’t was, heard along the border, I don’t They negotiated with them and they have a fence because, as I just heard in know how many hearings he attended, said they got stuck in the sand, be- one of the hearings I conducted for Ms. but I can tell you this, at the hearings cause when they saw the Border Patrol HARRIS, Mrs. MYRICK, Ms. FOXX and that I attended, the chief patrol agents coming they tried to back up and they Mr. MCHENRY in North Carolina, they wanted three things, and I will reit- got stuck. They got about 1,700 pounds, had a lady whose daughter and son-in- erate them: manpower, technology and they estimate, out; and then they came law were killed in an automobile infrastructure. All of those things are back with their guns and said basi- wreck, one was killed, one is still co- included under ‘‘infrastructure.’’ cally, we have got a tow vehicle here. matose, and they had been deported I think the professionals that we You can’t take this. Now, if you can three times for drunk driving before. charge in protecting the border deserve smuggle 10,000 pounds of marijuana, Until we control the Southwest border, the courtesy of telling us what it is you can certainly get nuclear, chem- until we figure out how to get secure that they need, what kind of combina- ical and biological. IDs, all this other talk is basically ir- tion. Now, why are they running trucks relevant. Mr. SESSIONS. Mr. Speaker, I yield 1 through that area? The Rio Grande in I favor trying to work this out, but minute to the gentlewoman from that area is not a continuous, huge, we can’t; when you have multiple peo- Michigan (Mrs. MILLER). wide river. It is pockets of water. There ple calling in with similar names and Mrs. MILLER of Michigan. Mr. are only certain places in the Rio just picture IDs and no fingerprints, Speaker, I thank the gentleman for Grande and other places on the border you can’t run employer enforcement. yielding me time. where you can take a truck that han- And if you are going to deport them, if Mr. Speaker, let me say this as sim- dles 10,000 pounds because it sinks. you don’t have a way to stop them at ply as I possibly can: The American But there is gravel in that area, and the border, it won’t work. people are fed up with our porous bor- guess what? They have a bulldozer on This needs to be incremental, it ders and illegal immigration. If you the other side. Every time they try to needs to be comprehensive, but it has had the conversations that I had with put up a border on that side, they bring got to start with the border, and fenc- constituents over the August recess, the bulldozer across from the Mexican ing is a key part of that. The agents then you all know how the American

VerDate Aug 31 2005 00:19 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.014 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6545 people feel about the problems at our Department of Homeland Security has including almost 40 Democrats, H.R. southern border with illegal immigra- come to realize that we need an inte- 4437, and I strongly stand by that. The tion. grated approach that combines per- fact is that right now is not moving as I had an opportunity in July to trav- sonnel, equipment, technology and in- quickly as we would like it to, and, el to the southern border with Speaker frastructure. therefore, rather than saying we are HASTERT and Chairman KING, and I saw The timing of this vote, Mr. Speaker, going to wait until everything can be the situation firsthand. I saw some of is bizarre. Why are we telling the De- done before we do anything, I am say- the fencing being built in Yuma, by the partment to build a fence before they ing, let’s pick areas where there has Kentucky National Guard actually, have come up with a comprehensive so- been agreement. who was there at that time. We need lution? Are we really going to tie up The Senate has agreed to have a 370- this fence. billions and billions in border security mile fence along the border. We now I also was proud during the month of dollars to build a fence when the Bor- have a 700-mile fence. This is some- August to welcome the House Armed der Patrol and ICE need more agents thing which clearly can be done. It will Services Committee to my district, and investigators? Estimates on what work. Is it the entire fence? Absolutely which shares a very long, liquid border it would cost to just build the fence not. More has to be done. But, in the with Canada. I live in Michigan, of alone is in the neighborhood of $7 bil- meantime, let’s show progress. Let’s course. There we had this hearing to lion. Once you add the maintenance get this done. Let’s show the American investigate the issue of northern bor- costs, we are looking at possibly dou- people that we have listened to what der security. bling that number. they have said and we are going to do As a result of that hearing, this legis- My amendment, that the Rules Com- what they want. lation also requires the Department of mittee rejected, would have provided Then we can deal in a comprehensive Homeland Security to conduct a study the Border Patrol with 3,000 more way, we can go issue by issue, we can that will allow us to field a state-of- agents. We know they need the help. go item by item, but let’s focus on the-art barrier system on the northern Why else would the National Guard be what we know will work. And this will border. And let me say that it is very there now? It also would have added work. You add this fence, in addition much needed. Every day smugglers are 2,000 new ICE investigators and 250 de- to the new Border Patrol agents which bringing drugs and people and other tention officers. It would have provided are in the FY07 bills which are going to contraband across our northern border, the men and women who police the bor- result in a 40 percent increase since which is met with little or no resist- der with equipment they need to get 2001, and we hope to double that by ance. Terror cells have been rounded up the job done. It would have given them 2008. in Toronto, which is literally only a 3- helicopters, all-terrain vehicles, radio Also the idea of having a fence, it can hour drive from my district. communication, GPS devices and also allow better reallocation of Border While it is very important to secure night-vision goggles. Patrol agents because the fence will our southern border, I am glad that There are many more provisions in serve a security purpose which can ac- this House is not losing sight of our my bill that I am prepared to discuss tually allow Border Patrol agents to northern border as well. I urge my col- today, had my amendment been al- expand their own focus more. leagues to support the rule and the un- lowed to be considered. But given that So, with that, Mr. Speaker, I just derlying legislation. there are many speakers who wish to strongly urge the adoption of this. The Mr. HASTINGS of Florida. Mr. be recognized, Mr. Speaker, I will American people are watching. The Speaker, I yield myself such time as I close. American people have spoken loudly may consume. The only thing I want to share is and clearly. We have responded to that Mr. Speaker, this place never ceases that people talk about operational con- in a responsible, effective way. And for to amaze me. Our friend from Michigan trol. The only way you can do it is the life of me, I don’t know why people talks about the southern border. I comprehensively. on the other side are saying, just be- gather that there is no illegal immigra- This is an unfunded mandate. There cause we can’t do everything, we tion on the northern border which she are no dollars attached to it. Repub- should do nothing. lives close to. licans always talk about unfunded Doing nothing is the worst thing Mr. Speaker, I am very pleased to mandates. The priority at this time is Congress can do, and that is why we yield 3 minutes to my distinguished not a fence, it is a comprehensive are doing something very meaningful. I colleague and good friend, the gen- strategy, and because we have no com- urge its adoption. tleman from Mississippi (Mr. THOMP- prehensive strategy for border protec- Mr. HASTINGS of Florida. Mr. SON), who is the distinguished ranking tion at this time, I am in opposition, Speaker, I yield myself such time as I member of the Homeland Security Mr. Speaker, to the rule. may consume before yielding to my Committee and author of the sub- Mr. SESSIONS. Mr. Speaker, I yield 2 good friend, the distinguished gentle- stitute that was not allowed under this minutes to the gentleman from New woman from Texas, just to say to the closed rule, that would handle the York (Mr. KING), the chairman of the chairman of the Homeland Security problems of comprehensive border con- Committee on Homeland Security. Committee, last night in the Rules trol as well as immigration. Mr. KING of New York. Mr. Speaker, Committee I asked him a simple ques- Mr. THOMPSON of Mississippi. Mr. I thank the gentleman from Texas for tion. He said he can’t for the life of him Speaker, where I stand, I have to say yielding, and I rise in strong support of understand what our opposition is, just the majority sure seem like ponies. H.R. 6061. H.R. 6061, to me, addresses because we can’t do everything, we do Last week, we were down here on the the most direct need of the American nothing. floor voting on a horse protection bill. people, and that is to show that we can This week, the majority is again on the take meaningful action to secure our b 1115 floor having us vote on a bill that has border. This measure that we are discussing already passed. I have never seen more of a dis- today does nothing other than provide This ‘‘one trick pony’’ approach to connect between the American people midterm yacking before the election. legislating is stale. The majority is out and the elite in Washington, between There are no dollars, not a penny, not of fresh ideas on how to secure the bor- the American people and the American a nickel, not a dime in this measure to der, and it shows. media, because overwhelmingly the build any fence. We have already Last night, I offered an amendment American people want us to secure the passed legislation that has 370 miles of in Rules that would have provided an border. They want us to show that we fences in it. all-encompassing approach to border can fulfill the most basic requirement So why are we here? We have got an security and ensured that every mile of of a government, and that is to ensure election coming up. That is why we are the border is monitored and secured 24 the sanctity and the security of our here. So you have to do things to put hours a day, 7 days a week. borders. on a bumper sticker. A fence alone won’t protect us from Now, we did pass comprehensive leg- The American public can see through those who want to harm us. Even the islation last December by a large vote, this charade. There isn’t opposition to

VerDate Aug 31 2005 00:19 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.016 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6546 CONGRESSIONAL RECORD — HOUSE September 14, 2006 protecting the border. But we are say- asked us to give 2,000 a year. This ad- AUGUST 25, 2006. ing that you cannot come forward with ministration has yet to commit to 2,000 Hon. J. DENNIS HASTERT, something that does nothing, and that Border Patrol agents in a year. Speaker of the House of Representatives, is what this is. Nothing. Talk. We need Washington, DC. So, Mr. Speaker, I believe in com- Hon. BILL FRIST, action. prehensive immigration reform. I also U.S. Senate, Mr. Speaker, I am pleased to yield 5 believe that we can compromise in a Washington, DC. minutes to the distinguished gentle- DEAR MR. SPEAKER AND SENATOR FRIST: As conference committee. They know that woman from Houston, Texas (Ms. JACK- governors who are on the front lines of you do not need this freestanding bill SON-LEE), who has attended a lot of America’s immigration crisis, we write to these hearings that we are talking that is very limited. You can go to con- urge you to take real action and pass com- about and is a distinguished member of ference and actually agree to the fenc- prehensive reform legislation that secures ing language, if that is a priority, in the border, protects taxpayers and restores the Judiciary Committee and the the rule of law by practically dealing with Homeland Security Committee. the Senate’s conference bill. the estimated 12 million illegal immigrants Ms. JACKSON-LEE of Texas. Mr. Now, my question to Mr. SESSIONS, currently in the country. We believe that a Speaker, I do not intend to play hide who is on the Rules Committee, is, solution modeled on these principles would and seek with the American people this does he have an agreement that the attain these goals and greatly benefit tax- morning. I think unabashedly, I believe payers in our states. Senate leadership is going to take this In all of our states, we face a crisis not of in comprehensive immigration reform, bill? Because if he does not, we have our making. Over the past 6 years the com- and, frankly, so does most of America. literally 2 weeks before we are out of bination of lax and ineffective enforcement My disappointment with my good session. And is there a commitment to of our borders and the failure to enforce im- friends is, one, that they are politi- this bill? If it is, tell us on the floor of migration laws has led to an explosion in the cizing this very important debate. And, illegal immigration population. As a result, the House. We might want to join in a of course, my friend from Indiana our states are flooded with illegal immi- reasonable response if we know that wanted to make sure that he cast his grants, our taxpayers are angry, and citizens and noncitizens alike are losing respect for hand to our side of the aisle and sug- you are going to go to conference with your bill, which will pass because you the rule of law. gested that the Democrats do not want We are doing our part. At President Bush’s a fence or the Democrats do not believe have the numbers, but with the idea of request, we have sent our National Guard to in getting the job done. comprehensive immigration reform. the border to do the job the federal govern- The question that really should be Let me share a letter that has just ment is supposed to do. We have used state asked is why the Republican majority come from Governor Rick Perry of and local law enforcement to help enforce passed a legislative initiative dealing the laws the federal government is supposed Texas, a Republican; Governor Janet to enforce. We ask you to do your part. with the immigration concerns of Napolitano, Governor of Arizona; the Instead of holding dozens of field hearings America and yet cannot get a com- Governor of California, Governor that do little but stir the pot of discontent, promise between the House and the Schwarzenegger; and Governor Bill we urge you to get back to work and pass Senate, both controlled by Repub- Richardson of New Mexico. Allow me legislation that puts the interest of tax- payers first and solves this crisis once and licans, and the presidency controlled to read this: by Republicans. for all. We ask that you pass comprehensive But I am not prepared to play with ‘‘As governors who are on the front reform and address this critical issue before Congress adjourns for the year. the lives of the American people. This lines of America’s immigration crisis, we write to urge you to take real ac- Respectfully, legislation, 730 miles of fence, does not RICK PERRY, deal with the lives of our Border Patrol tion and pass comprehensive reform Governor of Texas. agents and Customs and Border Protec- legislation that secures the border, JANET NAPOLITANO, tion. And the reality is that time and protects taxpayers, and restores the Governor of Arizona. time again we have seen that Repub- rule of law by practically dealing with ARNOLD SCHWARZENEGGER, licans have spoken the word but have the estimated 12 million illegal immi- Governor of California. done nothing about it. grants currently in this country. BILL RICHARDSON, For example, this particular amend- Governor of New Mexico. ‘‘Instead of holding dozens of field Mr. SESSIONS. Mr. Speaker, I re- ment that we had way back in 2001. hearings that do little but stir the pot Each and every time we offered amend- serve the balance of my time. of discontent, we urge you to get back Mr. HASTINGS of Florida. Mr. ments to provide for border security, to work and pass legislation that puts 2001, after 9/11, Republicans voted ‘‘no.’’ Speaker, I am pleased at this time to the interests of taxpayers first and yield an additional 1 minute to my col- In 2003 Republicans voted ‘‘no.’’ In 2001 solves this crisis once and for all. We league from Texas, the distinguished we asked for $78 million for detention ask that you pass comprehensive re- gentleman, Mr. SILVESTRE REYES. beds. The Republicans voted ‘‘no.’’ In form and address this critical crisis be- Mr. REYES. Mr. Speaker, I thank the 2003 again we asked for border security fore Congress adjourns for the year.’’ gentleman for yielding. funding, Democrats. Republicans voted Again, Mr. Speaker, let me reframe These are two Republican governors ‘‘no.’’ We asked for numbers of items the difference between what we want to and two Democrats who are on the for our Border Patrol agents and Cus- do on this side of the aisle and what is toms and Border Protection. We asked front lines of immigration issues in being proposed on that side of the aisle. for power boats. We asked for night America. And I will submit this letter First and foremost, we want to work goggles. We asked for laptop com- for the RECORD. together to address the issue of border puters. I am not going to hide the ball. I security. We want to give the profes- For those who believe that only Re- want comprehensive immigration re- sionals the support that they have been publicans have the knowledge of the form, but I am not afraid of border se- asking for throughout these last 2 border, I have walked the border in the curity. Read H.R. 4044, 100,000 detention months of hearings. We want to make day and night, and I have been at hear- beds. That is by a Democrat. sure that we provide them the oppor- ings all throughout the summer. I tunity to tell us what kind of infra- would venture to say that there were Mr. Speaker, I think it is important structure, including fencing, they need. more questions asked by Border Patrol that we vote down this rule, we do The buildings, the anti-vehicle bar- agents. It was, When are we going to what the Governors have asked us to riers, the observation towers, the ac- get more Border Patrol agents? And as do, comprehensive immigration re- cess roads, all of the kinds of things you can see, the average number of new form. Let us not operate in the dark- that they have told us are a priority in Border Patrol agents added per year ness. Let us not label Democrats weak order for them to be able to control the decreased under this Republican ad- on border security. We are ready to border. ministration, 411 in 2005, but in the fight the battle. We know that 9/11 im- The fundamental difference is we Democratic, President Clinton’s ad- pacted all of America. I am not going trust them to make those decisions. We ministration we were giving them at to take that rap. You need to do your do not tell them we need a fence start- least 642 a year. The 9/11 Commission job. ing from 5 miles east of the port of

VerDate Aug 31 2005 00:19 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.018 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6547 entry in Del Rio to 6 miles east of the egy with increased Border Patrol agent ‘‘(2) the amendment in the nature of a sub- port of entry of Eagle Pass. Let them deployment as well as increased sur- stitute printed in Section 2 of this resolution make those kinds of decisions. They veillance using advanced technology. It if offered by Representative Reyes of Texas are the professionals. They are charged provides long-term financial support or Representative Thompson of Mississippi for significant increases in personnel to or a designee, which shall be in order with- with that responsibility. Our job is to out intervention of any point of order or de- provide them the support and the re- help the Border Patrol meet its mis- mand for division of the question, shall be sources. That is the fundamental dif- sion, including Border Patrol agents, considered as read, and shall be separately ference. Immigration and Customs agents, debatable for 60 minutes equally divided and As I have said, we need to work to- United States marshals, Coast Guard controlled by the proponent and an oppo- gether on this thing. Regrettably, this personnel, port of entry inspectors, ca- nent; and (3)’’ rule freezes us out and we are unable to nine enforcement teams, and other At the end of the resolution add the fol- participate in this. vital personnel necessary to guard and lowing new section: ‘‘SEC. 2. The amendment by Representa- Mr. HASTINGS of Florida. Mr. protect our borders more effectively. It will provide needed equipment such as tives Reyes (TX) and Thompson (MS) re- Speaker, I yield myself the balance of ferred to in Section 1 is as follows: my time. helicopters, power boats, radio commu- nications, night vision equipment, AMENDMENT IN THE NATURE OF A SUBSTITUTE As I close, Mr. Speaker, I say what I TO H.R. 606 body armor, and other crucial tools in said earlier, and that is the measure OFFERED BY MR. THOMPSON OF MISSISSIPPI that we are discussing today sounds the war against terror. Strike all after the enacting clause and in- good, is needed, in part, along with The substitute also reestablishes the 9/11 Commission to allow them to ful- sert the following: comprehensive immigration reform, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. but does nothing. fill their mission and to provide over- sight and accountability. (a) SHORT TITLE.—This Act may be cited as Mr. Speaker, last night in the Rules the ‘‘Border Security and Terrorism Preven- Committee I misquoted the song, but I urge all Members of this body to vote ‘‘no’’ on the previous question so tion Act of 2006’’. the intent was the same: There ain’t no (b) TABLE OF CONTENTS.—The table of con- we can bring up this comprehensive mountain high enough and there ain’t tents for this Act is as follows: and responsible alternative that will no river wide enough to stop people Sec. 1. Short title; table of contents actually do something to help make from seeking a better opportunity for Sec. 2. Definitions this Nation less vulnerable to those themselves. TITLE I—SECURING UNITED STATES from outside who would do us harm. BORDERS Some years ago outside Boynton Mr. SESSIONS. Mr. Speaker, I yield Beach in Florida, I was among the first Sec. 101. Achieving operational control on myself the balance of my time. the border people to arrive at the scene of Haitian My colleagues and good friends not immigrants who were seeking to enter Sec. 102. National strategy for border secu- only from Texas, Mr. REYES, but also rity our country illegally. They all had the gentleman from Florida and the Sec. 103. Implementation of cross-border se- died, and I stepped over the body of a gentlewoman from Texas have spoken curity agreements nude pregnant woman. That hurt me very eloquently about the needs of this Sec. 104. Biometric data enhancements an awful lot, that in seeking freedom great Nation. I have every reason to Sec. 105. One face at the border initiative and opportunity she and her unborn believe all three of those individuals Sec. 106. Secure communication child were in that posture. I have seen Sec. 107. Border patrol agents joined many other Members of this Sec. 108. Immigration enforcement agents many a situation where Cubans have body in hearing from people about the Sec. 109. Port of entry inspection personnel lost their lives seeking to come to this needs of the Border Patrol, the commu- Sec. 110. Canine detection teams country. nities along the borders and the things Sec. 111. Secure border initiative financial We need to get a grip and understand which they would want and need. accountability that we cannot become neoisolationists Sec. 112. Border patrol training capacity re- b 1130 in a society as diverse as our own and view that the most brilliant people that I This bill is very specific. It talks Sec. 113. Airspace security mission impact review know serve here in the House of Rep- about the types of things that would be necessary and needed on an interim Sec. 114. Repair of private infrastructure on resentatives on both sides of the aisle border and those persons are very capable of basis. Both you and I, Mr. Speaker, under- Sec. 115. Border Patrol unit for Virgin Is- advancing comprehensive immigration lands stand that we have passed bills many reform that will address all of our Sec. 116. Report on progress in tracking times before this that are more com- needs, including border security. travel of Central American prehensive, that are larger, that con- Mr. Speaker, I urge all Members of gangs along international bor- tain money, that do a lot of things that this House to vote ‘‘no’’ on the pre- der will enable us to get closer. The bot- Sec. 117. Collection of data vious question so I can amend the rule tom line is, we need this interim step Sec. 118. Deployment of radiation detection and make in order the substitute of- to get done now. It comes as a result of portal equipment at United fered by Homeland Security Ranking the hearings, it comes as a result of States ports of entry Member THOMPSON and Representative Sec. 119. Sense of Congress regarding the Se- feedback from the Border Patrol, it cure Border Initiative REYES. This amendment was offered in comes as a result of communities who the Rules Committee last night but Sec. 120. Report regarding enforcement of have asked us to please help them. So current employment verifica- was rejected. we are going to do that. tion laws Mr. Speaker, I ask unanimous con- I am going to ask Members to vote TITLE II—BORDER SECURITY sent that the text of the amendment ‘‘aye.’’ I am going to ask them to sup- COOPERATION AND ENFORCEMENT and extraneous materials be printed in port this bill. And it is my prediction, Sec. 201. Joint strategic plan for United the RECORD immediately prior to the Mr. Speaker, that this will be a bipar- States border surveillance and vote on the previous question. tisan-passed bill today on the floor of support The SPEAKER pro tempore (Mr. the House of Representatives because Sec. 202. Border security on protected land BOOZMAN). Is there objection to the re- it represents the balance and integrity Sec. 203. Border security threat assessment and information sharing test quest of the gentleman from Florida? of not only our Speaker, DENNIS There was no objection. and evaluation exercise HASTERT, but also JOHN BOEHNER and Sec. 204. Border Security Advisory Com- Mr. HASTINGS of Florida. Mr. our great chairman of Homeland Secu- Speaker, the Reyes-Thompson sub- mittee rity, PETE KING. Sec. 205. Center of excellence for border se- stitute provides for a comprehensive The material previously referred to curity approach to our border security, not by Mr. HASTINGS of Florida is as fol- Sec. 206. Sense of Congress regarding co- simply the inadequate piecemeal ap- lows: operation with Indian Nations proach called for in the underlying bill. PREVIOUS QUESTION ON H. RES. 1002, RULE TITLE III—DETENTION AND REMOVAL The substitute requires the Depart- FOR H.R. 6061 SECURE FENCE ACT OF 2006 Sec. 301. Enhanced detention capacity ment of Homeland Security to develop In the resolution strike ‘‘and (2)’’ and in- Sec. 302. Increase in detention and removal a comprehensive border security strat- sert the following: officers

VerDate Aug 31 2005 04:31 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0655 E:\CR\FM\K14SE7.020 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6548 CONGRESSIONAL RECORD — HOUSE September 14, 2006 Sec. 303. Expansion and effective manage- Sec. 705. Rewards program Homeland Security Act of 2002 (6 U.S.C. ment of detention facilities Sec. 706. Outreach program 101(14)). Sec. 304. Enhancing transportation capacity Sec. 707. Establishment of a special task TITLE I—SECURING UNITED STATES for unlawful aliens force for coordinating and dis- BORDERS tributing information on fraud- Sec. 305. Report on financial burden of repa- SEC. 101. ACHIEVING OPERATIONAL CONTROL triation ulent immigration documents ON THE BORDER. Sec. 306. Training program Subtitle B—Northern Border Prosecution (a) IN GENERAL.—The Secretary of Home- Sec. 307. GAO study on deaths in custody Initiative Reimbursement Act land Security shall take all actions the Sec- TITLE IV—EFFECTIVE ORGANIZATION Sec. 711. Short title retary determines necessary and appropriate OF BORDER SECURITY AGENCIES Sec. 712. Northern Border Prosecution Ini- to achieve and maintain operational control Sec. 401. Enhanced border security coordina- tiative over the entire international land and mari- tion and management Sec. 713. Authorization of appropriations time borders of the United States, to include Sec. 402. Making Our Border Agencies Work Subtitle C—Criminal Aliens the following— (1) systematic surveillance of the inter- TITLE V—KEEPING OUR COMMITMENT Sec. 721. Removal of criminal aliens national land and maritime borders of the TO ENSURE SUFFICIENT, WELL Sec. 722. Assistance for States incarcerating United States through more effective use of TRAINED AND WELL EQUIPPED PER- undocumented aliens charged personnel and technology, such as unmanned SONNEL AT THE UNITED STATES BOR- with certain crimes aerial vehicles, ground-based sensors, sat- DER Sec. 723. Reimbursement of States for indi- ellites, radar coverage, and cameras; Subtitle A—Equipment Enhancements to rect costs relating to the incar- (2) physical infrastructure enhancements Address Shortfalls to Securing United ceration of illegal aliens to prevent unlawful entry by aliens into the Sec. 724. ICE strategy and staffing assess- States Borders United States and facilitate access to the Sec. 501. Emergency deployment of United ment international land and maritime borders by Sec. 725. Congressional mandate regarding States Border Patrol agents United States Customs and Border Protec- processing of criminal aliens Sec. 502. Helicopters and power boats tion, such as additional checkpoints, all Sec. 503. Motor vehicles while incarcerated weather access roads, and vehicle barriers; Sec. 726. Increase in prosecutors and immi- Sec. 504. Portable computers and gration judges and United Sec. 505. Radio communications (3) increasing deployment of United States Sec. 506. Hand-held global positioning sys- States Marshals Customs and Border Protection personnel to tem devices Subtitle D—Operation Predator areas along the international land and mari- Sec. 507. Night vision equipment Sec. 731. Direct funding for Operation Pred- time borders of the United States where Sec. 508. Body armor ator there are high levels of unlawful entry by Sec. 509. Weapons TITLE VIII—FULFILLING FUNDING COM- aliens and other areas likely to be impacted Subtitle B—Human Capital Enhancements MITMENTS MADE IN THE INTEL- by such increased deployment. to Improve the Recruitment and Retention LIGENCE REFORM AND TERRORISM (b) OPERATIONAL CONTROL DEFINED.—In of Border Security Personnel PREVENTION ACT OF 2004 this section, the term ‘‘operational control’’ means the prevention of the entry into the Sec. 511. Maximum student loan repayments Subtitle A—Additional Authorizations of for United States Border Patrol United States of terrorists, other unlawful Appropriations aliens, instruments of terrorism, narcotics, agents Sec. 801. Biometric center of excellence and other contraband. Sec. 512. Recruitment and relocation bo- Sec. 802. Portal detection systems (c) DEPLOYMENT OF SURVEILLANCE SYSTEMS nuses and retention allowances Sec. 803. Border security technologies for ALONG U.S-MEXICO BORDER.— for personnel of the Depart- use between ports of entry (1) PLAN.—Not later than September 30, ment of Homeland Security Sec. 804. Immigration security initiative 2007, the Secretary of Homeland Security Sec. 513. Law enforcement retirement cov- shall develop a comprehensive plan to fully erage for inspection officers and Subtitle B—National Commission on Pre- venting Terrorist Attacks Upon the United deploy technological surveillance systems other employees along the U.S.-Mexico border. Surveillance Sec. 514. Increase United States Border Pa- States Sec. 821. Establishment of Commission systems included in the deployment plan trol agent and inspector pay must— Sec. 515. Compensation for training at Fed- Sec. 822. Purposes Sec. 823. Composition of Commission (A) Ensure continuous monitoring of every eral Law Enforcement Training mile of the U.S-Mexico border; and Center Sec. 824. Powers of commission Sec. 825. Compensation and travel expenses (B) to the extent practicable, be fully Subtitle C—Securing and Facilitating the Sec. 826. Security clearances for commission interoperable with existing surveillance sys- Movement of Goods and Travelers members and staff tems, such as the Integrated Surveillance In- Sec. 531. Increase in full time United States Sec. 827. Reports of Commission telligence Systems already in use by the De- Customs and Border Protection Sec. 828. Funding partment of Homeland Security. (2) ADDITIONAL ELEMENTS.—Additionally, import specialists TITLE IX—FAIRNESS FOR AMERICA’S the deployment plan should include, but not Sec. 532. Certifications relating to functions HEROS and import specialists of United be limited to, the following elements: States Custom and Border Pro- Sec. 901. Short title (A) A description of the specific technology tection Sec. 902. Naturalization through combat to be deployed. Sec. 533. Expedited traveler programs zone service in Armed Forces (B) An assessment of the success of exist- Sec. 903. Immigration benefits for survivors ing technologies to determine if one tech- TITLE VI—ENSURING PROPER of persons granted posthumous SCREENING nology is better than another, or whether citizenship through death while there is a way to combine the capabilities of Sec. 601. US–VISIT Oversight Task Force on active-duty service various detection devices into a single de- Sec. 602. Verification of security measures Sec. 904. Effective date vice. under the Customs-Trade Part- TITLE X—MISCELLANEOUS PROVISIONS nership Against Terrorism (C– (C) A description of the technological fea- Sec. 1001. Location and deportation of crimi- TPAT) program and the Free tures of surveillance systems allowing for nal aliens and Secure Trade (FAST) pro- compatibility, if practicable, with existing Sec. 1002. Agreements with State and local gram surveillance technologies. law enforcement agencies to Sec. 603. Immediate international passenger (D) A description of how the U.S. Border identify and transfer to Federal prescreening pilot program Patrol is working, or will work, with the Di- custody criminal aliens rectorate of Science and Technology to ana- TITLE VII—ALIEN SMUGGLING; NORTH- Sec. 1003. Denying admission to foreign gov- lyze high altitude monitoring technologies ERN BORDER PROSECUTION; CRIMINAL ernment officials of countries (such as unmanned aerial vehicles and teth- ALIENS denying alien return ered aerostat radar systems) for use with Subtitle A—Alien Smuggling Sec. 1004. Border patrol training facility land-based monitoring technologies. Sec. 701. Combating human smuggling Sec. 1005. Sense of Congress (E) A description of how radiation portal Sec. 702. Reestablishment of the United SEC. 2. DEFINITIONS. monitors will be deployed to ports of entry States Border Patrol anti- In this Act: along the U.S.-Mexico border, and other bor- smuggling unit (1) APPROPRIATE CONGRESSIONAL COM- der locations. Sec. 703. New nonimmigrant visa classifica- MITTEE.—The term ‘‘appropriate congres- (F) A description of how K-9 detection tion to enable informants to sional committee’’ has the meaning given it units will be increased along the U.S.-Mexico enter the United States and re- in section 2(2) of the Homeland Security Act border. main temporarily of 2002 (6 U.S.C. 101(2)). (G) A description of how surveillance tech- Sec. 704. Adjustment of status when needed (2) STATE.—The term ‘‘State’’ has the nology will provide for continuous moni- to protect informants meaning given it in section 2(14) of the toring of the border.

VerDate Aug 31 2005 02:04 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.005 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6549 (H) The identification of any obstacles that rorism, narcotics, and other contraband into Security of the House of Representatives, may impede full implementation of the de- the United States; and such Committee shall promptly report to the ployment plan. (B) protecting critical infrastructure at or House legislation authorizing necessary se- (I) A detailed estimate of all costs associ- near such ports of entry or borders. curity measures based on its evaluation of ated with the implementation of the deploy- (4) An assessment of the most appropriate, the National Strategy for Border Security. ment plan. practical, and cost-effective means of defend- SEC. 103. IMPLEMENTATION OF CROSS-BORDER (3) DEPLOYMENT.—Not later than Sep- ing the international land and maritime bor- SECURITY AGREEMENTS. tember 30, 2008, the Secretary of Homeland ders of the United States against threats to (a) IN GENERAL.—Not later than six months Security shall fully implement the plan de- security and illegal transit, including intel- after the date of the enactment of this Act, scribed in subsection (a). ligence capacities, technology, equipment, the Secretary of Homeland Security shall (4) REPORT.—Not later than September 30, personnel, and training needed to address se- submit to the appropriate congressional 2007, the Secretary of Homeland Security curity vulnerabilities. committees a report on the implementation shall submit the plan described in subsection (5) An assessment of staffing needs for all of the cross-border security agreements (a) to the appropriate congressional com- border security functions, taking into ac- signed by the United States with Mexico and mittee (as defined in section 2 of the Home- count threat and vulnerability information Canada, including recommendations on im- land Security Act of 2002 (6 U.S.C. 101)). pertaining to the borders and the impact of proving cooperation with such countries to (5) AUTHORIZATION OF APPROPRIATIONS.— new security programs, policies, and tech- enhance border security. There are authorized to be appropriated to nologies. (b) UPDATES.—The Secretary shall regu- carry out this section $200,000,000 for each of (6) A description of the border security larly update the Committee concerning such fiscal years 2007 and 2008, and such sums as roles and missions of Federal, State, re- implementation. may be necessary for each succeeding fiscal gional, local, and tribal authorities, and rec- SEC. 104. BIOMETRIC DATA ENHANCEMENTS. year. ommendations with respect to how the De- Not later than October 1, 2007, the Sec- SEC. 102. NATIONAL STRATEGY FOR BORDER SE- partment of Homeland Security can improve retary of Homeland Security shall— CURITY. coordination with such authorities, to enable (1) in consultation with the Attorney Gen- (a) SURVEILLANCE PLAN.—Not later than border security enforcement to be carried eral, enhance connectivity between the six months after the date of the enactment out in an efficient and effective manner. IDENT and IAFIS fingerprint databases to of this Act, the Secretary of Homeland Secu- (7) A prioritization of research and devel- ensure more expeditious data searches; and rity shall submit to the appropriate congres- opment objectives to enhance the security of (2) in consultation with the Secretary of sional committees a comprehensive plan for the international land and maritime borders State, collect ten fingerprints from each the systematic surveillance of the inter- of the United States. alien required to provide fingerprints during national land and maritime borders of the (8) A description of ways to ensure that the the alien’s initial enrollment in the inte- United States. The plan shall include the fol- free flow of legitimate travel and commerce grated entry and exit data system described lowing: of the United States is not diminished by ef- in section 110 of the Illegal Immigration Re- (1) An assessment of existing technologies forts, activities, and programs aimed at se- form and Immigrant Responsibility Act of employed on such borders. curing the international land and maritime 1996 (8 U.S.C. 1221 note). (2) A description of whether and how new borders of the United States. SEC. 105. ONE FACE AT THE BORDER INITIATIVE. surveillance technologies will be compatible (9) An assessment of additional detention Not later than 90 days after the date of the with existing surveillance technologies. facilities and bed space needed to detain un- enactment of this Act, the Secretary of (3) A description of how the United States lawful aliens apprehended at United States Homeland Security shall submit to Congress Customs and Border Protection is working, ports of entry or along the international a report— or is expected to work, with the Directorate land borders of the United States in accord- (1) describing the tangible and quantifiable of Science and Technology of the Depart- ance with the National Strategy for Border benefits of the One Face at the Border Initia- ment of Homeland Security to identify and Security required under this subsection. tive established by the Department of Home- test surveillance technology. (10) A description of how the Secretary land Security; (4) A description of the specific surveil- shall ensure accountability and performance (2) identifying goals for and challenges to lance technology to be deployed. metrics within the appropriate agencies of increased effectiveness of the One Face at (5) The identification of any obstacles that the Department of Homeland Security re- the Border Initiative; may impede full implementation of such de- sponsible for implementing the border secu- (3) providing a breakdown of the number of ployment. rity measures determined necessary upon inspectors who were— (6) A detailed estimate of all costs associ- completion of the National Strategy for Bor- (A) personnel of the United States Customs ated with the implementation of such de- der Security. Service before the date of the establishment ployment and continued maintenance of (11) A timeline for the implementation of of the Department of Homeland Security; such technologies. the additional security measures determined (B) personnel of the Immigration and Nat- (7) A description of how the Department of necessary as part of the National Strategy uralization Service before the date of the es- Homeland Security is working with the Fed- for Border Security, including a prioritiza- tablishment of the Department; eral Aviation Administration on safety and tion of security measures, realistic deadlines (C) personnel of the Department of Agri- airspace control issues associated with the for addressing the security and enforcement culture before the date of the establishment use of unmanned aerial vehicles in the Na- needs, and resource estimates and alloca- of the Department; or tional Airspace System. tions. (D) hired after the date of the establish- (b) NATIONAL STRATEGY FOR BORDER SECU- (c) CONSULTATION.—In creating the Na- ment of the Department; RITY.—Not later than one year after the date tional Strategy for Border Security de- (4) describing the training time provided to of the enactment of this Act, the Secretary scribed in subsection (b), the Secretary shall of Homeland Security, in consultation with each employee on an annual basis for the consult with— various training components of the One Face the heads of other appropriate Federal agen- (1) State, local, and tribal authorities cies, shall submit to the appropriate congres- at the Border Initiative; and along the international land and maritime (5) outlining the steps taken by the De- sional committees a National Strategy for borders of the United States; and Border Security to achieve operational con- partment to ensure that expertise is retained (2) an appropriate cross-section of private with respect to customs, immigration, and trol over all ports of entry into the United sector and nongovernmental organizations States and the international land and mari- agriculture inspection functions under the with relevant expertise. One Face at the Border Initiative. time borders of the United States. The Sec- (d) PRIORITY OF NATIONAL STRATEGY.—The retary shall update the Strategy as needed National Strategy for Border Security de- SEC. 106. SECURE COMMUNICATION. and shall submit to the Committee, not later scribed in subsection (b) shall be the control- The Secretary of Homeland Security shall, than 30 days after each such update, the up- ling document for security and enforcement as expeditiously as practicable, develop and dated Strategy. The National Strategy for efforts related to securing the international implement a plan to ensure clear and secure Border Security shall include the following: land and maritime borders of the United two-way communication capabilities— (1) The implementation timeline for the States. (1) among all Border Patrol agents con- surveillance plan described in subsection (a). (e) IMMEDIATE ACTION.—Nothing in this ducting operations between ports of entry; (2) An assessment of the threat posed by section shall be construed to relieve the Sec- (2) between Border Patrol agents and their terrorists and terrorist groups that may try retary of the responsibility to take all ac- respective Border Patrol stations; to infiltrate the United States at points tions necessary and appropriate to achieve (3) between Border Patrol agents and resi- along the international land and maritime and maintain operational control over the dents in remote areas along the inter- borders of the United States. entire international land and maritime bor- national land border who do not have mobile (3) A risk assessment of all ports of entry ders of the United States pursuant to section communications, as the Secretary deter- to the United States and all portions of the 101 of this Act or any other provision of law. mines necessary; and international land and maritime borders of (f) REPORTING OF IMPLEMENTING LEGISLA- (4) between all appropriate Department of the United States with respect to— TION.—After submittal of the National Strat- Homeland Security border security agencies (A) preventing the entry of terrorists, egy for Border Security described in sub- and State, local, and tribal law enforcement other unlawful aliens, instruments of ter- section (b) to the Committee on Homeland agencies.

VerDate Aug 31 2005 02:04 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.005 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6550 CONGRESSIONAL RECORD — HOUSE September 14, 2006 SEC. 107. BORDER PATROL AGENTS. (2) upon the conclusion of the performance ability of the Department of Homeland Secu- (a) INCREASE IN BORDER PATROL AGENTS.— of the contract. rity to protect the international land and To provide the Department of Homeland Se- (b) REPORT BY INSPECTOR GENERAL.—Upon maritime borders of the United States. Spe- curity with the resources it needs to carry completion of each review described in sub- cifically, the report shall address: out its mission and responsibility to secure section (a), the Inspector General shall sub- (1) The specific resources, including per- United States ports of entry and the inter- mit to the Secretary of Homeland Security a sonnel, assets, and facilities, devoted or national land and maritime borders of the report containing the findings of the review, planned to be devoted to the NCR airspace United States and the Secretary of Home- including findings regarding any cost over- security mission, and from where those re- land Security shall increase by not less than runs, significant delays in contract execu- sources were obtained or are planned to be 3,000 in each of the fiscal years 2007 through tion, lack of rigorous departmental contract obtained. 2010 the number of positions for full-time ac- management, insufficient departmental fi- (2) An assessment of the impact that di- tive-duty border patrol agents, subject to the nancial oversight, bundling that limits the verting resources to support the NCR mis- availability of appropriations for such pur- ability of small business to compete, or sion has or is expected to have on the tradi- pose. There are authorized to be appro- other high risk business practices. tional missions in and around the inter- priated to the Secretary of Homeland Secu- (c) REPORT BY SECRETARY.—Not later than national land and maritime borders of the rity such funds as may be necessary through 30 days after the receipt of each report re- United States. fiscal year 2010. quired under subsection (b), the Secretary of SEC. 114. REPAIR OF PRIVATE INFRASTRUCTURE (b) ASSOCIATED COSTS.—There are author- Homeland Security shall submit to the ap- ON BORDER. ized to be appropriated to the Secretary of propriate congressional committees a report (a) IN GENERAL.—Subject to the amount Homeland Security such funds for fiscal on the findings of the report by the Inspector appropriated in subsection (d) of this section, years 2007 through 2010 as may be necessary General and the steps the Secretary has the Secretary of Homeland Security shall re- to pay the costs associated with— taken, or plans to take, to address the prob- imburse property owners for costs associated (1) the number of mission or operational lems identified in such report. with repairing damages to the property own- support staff needed; (d) AUTHORIZATION OF APPROPRIATIONS.—In ers’ private infrastructure constructed on a (2) associated relocation costs; addition to amounts that are otherwise au- United States Government right-of-way de- (3) required information technology en- thorized to be appropriated to the Office of lineating the international land border when hancements; and the Inspector General, an additional amount such damages are— (4) costs to train such new hires. equal to at least five percent for fiscal year (1) the result of unlawful entry of aliens; SEC. 108. IMMIGRATION ENFORCEMENT AGENTS. 2007, at least six percent for fiscal year 2008, and The Secretary of Homeland Security shall and at least seven percent for fiscal year 2009 (2) confirmed by the appropriate personnel increase by not less than 2,000 in each of the of the overall budget of the Office for each of the Department of Homeland Security and fiscal years 2007 through 2010 the number of such fiscal year is authorized to be appro- submitted to the Secretary for reimburse- positions for full-time active-duty immigra- priated to the Office to enable the Office to ment. tion enforcement agents, subject to the carry out this section. (b) VALUE OF REIMBURSEMENTS.—Reim- availability of appropriations for such pur- SEC. 112. BORDER PATROL TRAINING CAPACITY bursements for submitted damages as out- pose. There are authorized to be appro- REVIEW. lined in subsection (a) shall not exceed the priated to the Secretary of Homeland Secu- (a) IN GENERAL.—The Comptroller General value of the private infrastructure prior to rity such funds as may be necessary through of the United States shall conduct a review damage. fiscal year 2010. of the basic training provided to Border Pa- (c) REPORTS.—Not later than six months SEC. 109. PORT OF ENTRY INSPECTION PER- trol agents by the Department of Homeland after the date of the enactment of this Act SONNEL. Security to ensure that such training is pro- and every subsequent six months until the There are authorized to be appropriated to vided as efficiently and cost-effectively as amount appropriated for this section is ex- the Secretary of Homeland Security— possible. pended in its entirety, the Secretary of (1) $107,000,000 for fiscal year 2007 to hire (b) COMPONENTS OF REVIEW.—The review Homeland Security shall submit to the Com- 400 Customs and Border Protection Officers under subsection (a) shall include the fol- mittee on Homeland Security of the House of above the number of such positions for which lowing components: Representatives a report that details the ex- funds were allotted for fiscal year 2006; (1) An evaluation of the length and content penditures and circumstances in which those (2) $154,000,000 for fiscal year 2008 to hire of the basic training curriculum provided to expenditures were made pursuant to this sec- 400 Customs and Border Protection Officers new Border Patrol agents by the Federal tion. above the number of such positions for which Law Enforcement Training Center, including (d) AUTHORIZATION OF APPROPRIATIONS.— funds were allotted for fiscal year 2007; a description of how the curriculum has There shall be authorized to be appropriated (3) $198,000,000 for fiscal year 2009 to hire changed since September 11, 2001. an initial $50,000 for each fiscal year to carry 400 Customs and Border Protection Officers (2) A review and a detailed breakdown of out this section. above the number of such positions for which the costs incurred by United States Customs SEC. 115. BORDER PATROL UNIT FOR VIRGIN IS- funds were allotted for fiscal year 2008; and and Border Protection and the Federal Law LANDS. (4) $242,000,000 for fiscal year 2010 to hire Enforcement Training Center to train one Not later than September 30, 2007, the Sec- 400 Customs and Border Protection Officers new Border Patrol agent. retary of Homeland Security shall establish above the number of such positions for which (3) A comparison, based on the review and at least one Border Patrol unit for the Vir- funds were allotted for fiscal year 2009. breakdown under paragraph (2) of the costs, gin Islands of the United States. SEC. 110. CANINE DETECTION TEAMS. effectiveness, scope, and quality, including SEC. 116. REPORT ON PROGRESS IN TRACKING In each of fiscal years 2007 through 2011, geographic characteristics, with other simi- TRAVEL OF CENTRAL AMERICAN the Secretary of Homeland Security shall, lar law enforcement training programs pro- GANGS ALONG INTERNATIONAL subject to the availability of appropriations, vided by State and local agencies, non-profit BORDER. increase by not less than 25 percent above organizations, universities, and the private Not later than one year after the date of the number of such positions for which funds sector. the enactment of this Act, the Secretary of were allotted for the preceding fiscal year (4) An evaluation of whether and how uti- Homeland Security shall report to the Com- the number of trained detection canines for lizing comparable non-Federal training pro- mittee on Homeland Security of the House of use at United States ports of entry and along grams, proficiency testing to streamline Representatives on the progress of the De- the international land and maritime borders training, and long-distance learning pro- partment of Homeland Security in tracking of the United States. grams may affect— the travel of Central American gangs across SEC. 111. SECURE BORDER INITIATIVE FINAN- (A) the cost-effectiveness of increasing the the international land border of the United CIAL ACCOUNTABILITY. number of Border Patrol agents trained per States and Mexico. (a) IN GENERAL.—The Inspector General of year and reducing the per agent costs of SEC. 117. COLLECTION OF DATA. the Department of Homeland Security shall basic training; and Beginning on October 1, 2007, the Secretary review each contract action related to the (B) the scope and quality of basic training of Homeland Security shall annually compile Department’s Secure Border Initiative hav- needed to fulfill the mission and duties of a data on the following categories of informa- ing a value greater than $20,000,000, to deter- Border Patrol agent. tion: mine whether each such action fully com- SEC. 113. AIRSPACE SECURITY MISSION IMPACT (1) The number of unauthorized aliens who plies with applicable cost requirements, per- REVIEW. require medical care taken into custody by formance objectives, program milestones, in- Not later than 120 days after the date of Border Patrol officials. clusion of small, minority, and women- the enactment of this Act, the Secretary of (2) The number of unauthorized aliens with owned business, and timelines. The Inspector Homeland Security shall submit to the Com- serious injuries or medical conditions Border General shall complete a review under this mittee on Homeland Security of the House of Patrol officials encounter, and refer to local subsection with respect to a contract ac- Representatives a report detailing the im- hospitals or other health facilities. tion— pact the airspace security mission in the Na- (3) The number of unauthorized aliens with (1) not later than 60 days after the date of tional Capital Region (in this section re- serious injuries or medical conditions who the initiation of the action; and ferred to as the ‘‘NCR’’) will have on the arrive at United States ports of entry and

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subsequently are admitted into the United national land and maritime borders of the (c) MEMBERSHIP.—The Secretary shall ap- States for emergency medical care, as re- United States. point members to the Committee from the ported by United States Customs and Border (b) REPORT.—Not later than six months following: Protection. after the date of the enactment of this Act, (1) State and local government representa- (4) The number of unauthorized aliens de- the Secretary of Homeland Security and the tives from States located along the inter- scribed in paragraphs (2) and (3) who subse- Secretary of Defense shall submit to Con- national land and maritime borders of the quently are taken into custody by the De- gress a report containing— United States. partment of Homeland Security after receiv- (1) a description of the use of Department (2) Community representatives from such ing medical treatment. of Defense equipment to assist with the sur- States. SEC. 118. DEPLOYMENT OF RADIATION DETEC- veillance by the Department of Homeland (3) Tribal authorities in such States. Security of the international land and mari- TION PORTAL EQUIPMENT AT SEC. 205. CENTER OF EXCELLENCE FOR BORDER UNITED STATES PORTS OF ENTRY. time borders of the United States; SECURITY. (a) DEPLOYMENT.—Not later than one year (2) the joint strategic plan developed pur- (a) ESTABLISHMENT.—The Secretary of after the date of the enactment of this Act, suant to subsection (a); Homeland Security shall establish a univer- the Secretary of Homeland Security shall de- (3) a description of the types of equipment sity-based Center of Excellence for Border ploy radiation portal monitors at all United and other support to be provided by the De- Security following the merit-review proc- States ports of entry and facilities as deter- partment of Defense under the joint stra- esses and procedures and other limitations mined by the Secretary to facilitate the tegic plan during the one-year period begin- that have been established for selecting and screening of all inbound cargo for nuclear ning after submission of the report under supporting University Programs Centers of and radiological material. this subsection; and Excellence. (b) REPORT.—Not later than 180 days after (4) a description of how the Department of the date of the enactment of this Act, the Homeland Security and the Department of (b) ACTIVITIES OF THE CENTER.—The Center Secretary shall submit to the Committee on Defense are working with the Department of shall prioritize its activities on the basis of Homeland Security of the House of Rep- Transportation on safety and airspace con- risk to address the most significant threats, resentatives and the Committee on Home- trol issues associated with the use of un- vulnerabilities, and consequences posed by land Security and Governmental Affairs of manned aerial vehicles in the National Air- United States borders and border control the Senate a report on the Department’s space System. systems. The activities shall include the con- progress toward carrying out the deployment (c) RULE OF CONSTRUCTION.—Nothing in duct of research, the examination of existing described in subsection (a). this section shall be construed as altering or and emerging border security technology and (c) AUTHORIZATION OF APPROPRIATIONS.— amending the prohibition on the use of any systems, and the provision of education, There is authorized to be appropriated to the part of the Army or the Air Force as a posse technical, and analytical assistance for the Secretary to carry out subsection (a) such comitatus under section 1385 of title 18, Department of Homeland Security to effec- sums as may be necessary for each of fiscal United States Code. tively secure the borders. years 2007 and 2008. SEC. 202. BORDER SECURITY ON PROTECTED SEC. 206. SENSE OF CONGRESS REGARDING CO- SEC. 119. SENSE OF CONGRESS REGARDING THE LAND. OPERATION WITH INDIAN NATIONS. SECURE BORDER INITIATIVE. (a) IN GENERAL.—The Secretary of Home- It is the sense of Congress that— It is the sense of Congress that— land Security, in consultation with the Sec- (1) the Department of Homeland Security (1) as the Secretary of Homeland Security retary of the Interior, shall evaluate border should strive to include as part of a National develops and implements the Secure Border security vulnerabilities on land directly ad- Strategy for Border Security recommenda- Initiative and other initiatives to strengthen jacent to the international land border of the tions on how to enhance Department co- security along the Nation’s borders, the Sec- United States under the jurisdiction of the operation with sovereign Indian Nations on retary shall conduct extensive outreach to Department of the Interior related to the securing our borders and preventing terrorist the private sector, including small, minor- prevention of the entry of terrorists, other entry, including, specifically, the Depart- ity-owned, women-owned, and disadvantaged unlawful aliens, narcotics, and other contra- ment should consider whether a Tribal businesses; and band into the United States. Smart Border working group is necessary (b) SUPPORT FOR BORDER SECURITY (2) the Secretary also shall consult with and whether further expansion of cultural NEEDS.—Based on the evaluation conducted firms that are practitioners of mission effec- sensitivity training, as exists in Arizona pursuant to subsection (a), the Secretary of tiveness at the Department of Homeland Se- with the Tohono O’odham Nation, should be Homeland Security shall provide appropriate curity, homeland security business councils, expanded elsewhere; and border security assistance on land directly and associations to identify existing and (2) as the Department of Homeland Secu- adjacent to the international land border of emerging technologies and best practices rity develops a National Strategy for Border the United States under the jurisdiction of and business processes, to maximize econo- Security, it should take into account the the Department of the Interior, its bureaus, mies of scale, cost-effectiveness, systems in- needs and missions of each agency that has and tribal entities. tegration, and resource allocation, and to a stake in border security and strive to en- identify the most appropriate contract SEC. 203. BORDER SECURITY THREAT ASSESS- sure that these agencies work together coop- mechanisms to enhance financial account- MENT AND INFORMATION SHARING TEST AND EVALUATION EXERCISE. eratively on issues involving Tribal lands. ability and mission effectiveness of border Not later than one year after the date of security programs. TITLE III—DETENTION AND REMOVAL the enactment of this Act, the Secretary of SEC. 120. REPORT REGARDING ENFORCEMENT Homeland Security shall design and carry SEC. 301. ENHANCED DETENTION CAPACITY. OF CURRENT EMPLOYMENT out a national border security exercise for To avoid a return to the ‘‘catch and re- VERIFICATION LAWS. the purposes of— lease’’ policy and to address long-standing The Secretary of Homeland Security shall (1) involving officials from Federal, State, shortages of available detention beds, and to issue a biannual report regarding the Federal territorial, local, tribal, and international further authorize the provisions of section employment verification laws that were en- governments and representatives from the 5204 of the Intelligence Reform and Terrorist acted in 1986, as amended, the efforts of the private sector; Prevention Act of 2004 (Public Law 108–458), Department of Homeland Security to sanc- (2) testing and evaluating the capacity of there are authorized to be appropriated to tion employers for knowingly hiring unau- the United States to anticipate, detect, and the Secretary of Homeland Security such thorized workers, and an assessment of the disrupt threats to the integrity of United sums as may be necessary for each of fiscal impact of enhanced removal authorities States borders; and years 2007 through 2010 to increase by 25,000 sought by the Department. (3) testing and evaluating the information for each fiscal year the number of funded de- TITLE II—BORDER SECURITY sharing capability among Federal, State, tention bed spaces. COOPERATION AND ENFORCEMENT territorial, local, tribal, and international SEC. 302. INCREASE IN DETENTION AND RE- SEC. 201. JOINT STRATEGIC PLAN FOR UNITED governments. MOVAL OFFICERS. STATES BORDER SURVEILLANCE SEC. 204. BORDER SECURITY ADVISORY COM- There are authorized to be appropriated to AND SUPPORT. MITTEE. the Secretary of Homeland Security such (a) IN GENERAL.—The Secretary of Home- (a) ESTABLISHMENT OF COMMITTEE.—Not sums as may be necessary to add 250 deten- land Security and the Secretary of Defense later than one year after the date of the en- tion and removal officers for each of fiscal shall develop a joint strategic plan to use the actment of this Act, the Secretary of Home- years 2007 through 2010. authorities provided to the Secretary of De- land Security shall establish an advisory fense under chapter 18 of title 10, United committee to be known as the Border Secu- SEC. 303. EXPANSION AND EFFECTIVE MANAGE- States Code, to increase the availability and rity Advisory Committee (in this section re- MENT OF DETENTION FACILITIES. use of Department of Defense equipment, in- ferred to as the ‘‘Committee’’). Subject to the availability of appropria- cluding unmanned aerial vehicles, tethered (b) DUTIES.—The Committee shall advise tions, the Secretary of Homeland Security aerostat radars, and other surveillance the Secretary on issues relating to border se- shall fully utilize— equipment, to assist with the surveillance curity and enforcement along the inter- (1) all available detention facilities oper- activities of the Department of Homeland national land and maritime border of the ated or contracted by the Department of Security conducted at or near the inter- United States. Homeland Security; and

VerDate Aug 31 2005 02:04 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.005 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6552 CONGRESSIONAL RECORD — HOUSE September 14, 2006 (2) all possible options to cost effectively efforts among agencies within the Depart- ‘‘(A) by the President, by and with the ad- increase available detention capacities, in- ment of Homeland Security, including vice and consent of the Senate; and cluding the use of temporary detention fa- United States Immigration and Customs En- ‘‘(B) from individuals who have— cilities, the use of State and local correc- forcement, United States Customs and Bor- ‘‘(i) a minimum of ten years professional tional facilities, private space, and secure al- der Protection, and United States Citizen- experience in law enforcement; and ternatives to detention. ship and Immigration Services, and shall ‘‘(ii) a minimum of ten years of manage- SEC. 304. ENHANCING TRANSPORTATION CAPAC- identify and remedy any failure of coordina- ment experience. ITY FOR UNLAWFUL ALIENS. tion or integration in a prompt and efficient ‘‘(c) COORDINATION.—Among other duties, (a) IN GENERAL.—The Secretary of Home- manner. In particular, the Secretary of the Commissioner shall develop and imple- land Security is authorized to enter into Homeland Security shall— ment a comprehensive plan to protect the contracts with private entities for the pur- (1) oversee and ensure the coordinated exe- northern and southern land borders of the pose of providing secure domestic transport cution of border security operations and pol- United States and address the different chal- of aliens who are apprehended at or along icy; lenges each border faces by— the international land or maritime borders (2) establish a mechanism for sharing and ‘‘(1) coordinating all Federal border secu- from the custody of United States Customs coordinating intelligence information and rity activities; and Border Protection to detention facilities analysis at the headquarters and field office ‘‘(2) improving communications and data levels pertaining to counter-terrorism, bor- and other locations as necessary. sharing capabilities within the Department der enforcement, customs and trade, immi- (b) CRITERIA FOR SELECTION.—Notwith- and with other Federal, State, local, tribal, gration, human smuggling, human traf- standing any other provision of law, to enter and foreign law enforcement agencies on ficking, and other issues of concern to both into a contract under paragraph (1), a pri- matters relating to border security; and United States Immigration and Customs En- vate entity shall submit an application to ‘‘(3) providing input to relevant bilateral forcement and United States Customs and the Secretary at such time, in such manner, agreements to improve border functions, in- Border Protection; and containing such information as the Sec- cluding ensuring security and promoting (3) establish Department of Homeland Se- retary may require. The Secretary shall se- trade and tourism. curity task forces (to include other Federal, lect from such applications those entities ‘‘(d) ORGANIZATION.—The Bureau shall in- State, Tribal and local law enforcement which offer, in the determination of the Sec- clude five primary divisions. The head of agencies as appropriate) as necessary to bet- each division shall be an Assistant Commis- retary, the best combination of service, cost, ter coordinate border enforcement and the sioner of Border Security and Customs who and security. disruption and dismantling of criminal orga- shall be appointed by the Secretary of Home- SEC. 305. REPORT ON FINANCIAL BURDEN OF RE- nizations engaged in cross-border smuggling, land Security. The five divisions and their PATRIATION. money laundering, and immigration viola- responsibilities are as follows: Not later than October 31 of each year, the tions; ‘‘(1) OFFICE OF IMMIGRATION ENFORCE- Secretary of Homeland Security shall sub- (4) enhance coordination between the bor- MENT.—It shall be the responsibility of the mit to the Secretary of State and Congress a der security and investigations missions Office of Immigration Enforcement to en- report that details the cost to the Depart- within the Department by requiring that, force the immigration laws of the United ment of Homeland Security of repatriation with respect to cases involving violations of States. of unlawful aliens to their countries of na- the customs and immigration laws of the ‘‘(2) OFFICE OF CUSTOMS ENFORCEMENT.—It tionality or last habitual residence, includ- United States, United States Customs and shall be the responsibility of the Office of ing details relating to cost per country. The Border Protection coordinate with and refer Customs Enforcement to enforce the cus- Secretary shall include in each such report all such cases to United States Immigration toms laws of the United States. the recommendations of the Secretary to and Customs Enforcement; ‘‘(3) OFFICE OF INSPECTION.—It shall be the more cost effectively repatriate such aliens. (5) examine comprehensively the proper al- responsibility of the Office of Inspection to SEC. 306. TRAINING PROGRAM. location of the Department’s border security conduct inspections at official United States Not later than six months after the date of related resources, and analyze budget issues ports of entry and to maintain specialized the enactment of this Act, the Secretary of on the basis of Department-wide border en- immigration, customs, and agriculture sec- Homeland Security— forcement goals, plans, and processes; ondary inspection functions. (1) review and evaluate the training pro- (6) establish measures and metrics for de- ‘‘(4) OFFICE OF BORDER PATROL.—It shall be vided to Border Patrol agents and port of termining the effectiveness of coordinated the responsibility of the Office of Border Pa- entry inspectors regarding the inspection of border enforcement efforts; and trol to secure the international land and aliens to determine whether an alien is re- (7) develop and implement a comprehensive maritime borders of the United States be- ferred for an interview by an asylum officer plan to protect the northern and southern tween ports of entry. for a determination of credible fear; land borders of the United States and ad- ‘‘(5) OFFICE OF MISSION SUPPORT.—It shall (2) based on the review and evaluation de- dress the different challenges each border be the responsibility of the Office of Mission scribed in paragraph (1), take necessary and faces by— Support to provide assistance to the Bureau, appropriate measures to ensure consistency (A) coordinating all Federal border secu- including all offices of the Bureau, and addi- in referrals by Border Patrol agents and port rity activities; tional agencies as determined appropriate by of entry inspectors to asylum officers for de- (B) improving communications and data the Secretary. The Office shall include, at a terminations of credible fear. sharing capabilities within the Department minimum, detention and removal functions, and with other Federal, State, local, tribal, SEC. 307. GAO STUDY ON DEATHS IN CUSTODY. intelligence functions, and air and marine and foreign law enforcement agencies on The Comptroller General of the United support. matters relating to border security; and States, within 6 months after the date of the ‘‘(e) REORGANIZATION.—The reorganization (C) providing input to relevant bilateral enactment of this Act, shall submit to Con- authority described in section 872 shall not agreements to improve border functions, in- gress a report on the deaths in custody of de- apply to this section.’’; cluding ensuring security and promoting tainees held on immigration violations by (3) in section 402, in the matter preceding trade and tourism. the Secretary of Homeland Security. The re- paragraph (1), by striking ‘‘acting through port shall include the following information SEC. 402. MAKING OUR BORDER AGENCIES WORK. the Under Secretary for Border and Trans- (a) IN GENERAL.—Title IV of the Homeland with respect to any such deaths and in con- portation Security,’’ and inserting ‘‘acting Security Act of 2002 (6 U.S.C. 201 et seq.) is nection therewith: through the Commissioner of Border Secu- amended— (1) Whether any crimes were committed by rity and Customs,’’; and (1) in subtitle A, by amending the heading personnel of the Department of Homeland (4) by inserting after section 403 the fol- to read as follows: ‘‘Bureau of Border Secu- Security. lowing new section: (2) Whether any such deaths were caused rity and Customs’’; ‘‘SEC. 404. TRANSFER. by negligence or deliberate indifference by (2) by striking section 401 and inserting the ‘‘The Bureau of Customs and Border Pro- such personnel. following section: tection and the Bureau of Immigration and (3) Whether Department practice and pro- ‘‘SEC. 401. BUREAU OF BORDER SECURITY AND Customs Enforcement of the Department of cedures were properly followed and obeyed. CUSTOMS. Homeland Security, created pursuant to the (4) Whether such practice and procedures ‘‘(a) ESTABLISHMENT.—There shall be in the ‘Reorganization Plan Modification for the are sufficient to protect the health and safe- Department of Homeland Security a Bureau Department of Homeland Security’ sub- ty of such detainees. of Border Security and Customs (in this sec- mitted to Congress as required under section (5) Whether reports of such deaths were tion referred to as the ‘Bureau’). ‘‘(b) COMMISSIONER.— 1502, is hereby transferred into the Bureau of made under the Deaths in Custody Act. ‘‘(1) IN GENERAL.—The head of the Bureau Border Security and Customs, established TITLE IV—EFFECTIVE ORGANIZATION OF shall be the Commissioner of Border Secu- pursuant to section 401.’’. BORDER SECURITY AGENCIES rity and Customs (in this section referred to (b) CLERICAL AMENDMENTS.—The table of SEC. 401. ENHANCED BORDER SECURITY COORDI- as the ‘Commissioner’). The Commissioner contents of the Homeland Security Act of NATION AND MANAGEMENT. shall report directly to the Secretary. 2002 (6 U.S.C. 101 et seq.) is amended— The Secretary of Homeland Security shall ‘‘(2) APPOINTMENT.—The Commissioner (1) by striking the item related to section ensure full coordination of border security shall be appointed— 401 and inserting the following item:

VerDate Aug 31 2005 02:04 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.005 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6553 ‘‘Sec. 401. Bureau of Border Security and ‘‘(8) Administering the program to collect (v) in section 462(b)(2)(A) (6 U.S.C. Customs’’; and information relating to nonimmigrant for- 279(b)(2)(A)), by striking ‘‘Assistant Sec- (2) by inserting after the item relating to eign students and other exchange program retary’’ and inserting ‘‘Commissioner’’. section 403 the following new item: participants described in section 641 of the (5) REFERENCE.—Any reference to the Bu- ‘‘Sec. 404. Transfer’’. Illegal Immigration Reform and Immigrant reau of Border Security in any other Federal Responsibility Act of 1996 (8 U.S.C. 1372), in- law, Executive order, rule, regulation, or del- (c) SHADOW WOLVES TRANSFER.— cluding the Student and Exchange Visitor egation of authority, or any document of or (1) TRANSFER OF EXISTING UNIT.—In con- Information System established under that pertaining to the Bureau is deemed to refer junction with the creation of the Bureau of section, and using such information to carry to the Bureau of Border Security and Cus- Border Security and Customs under section out the enforcement functions of the Bu- toms. 401 of the Homeland Security Act of 2002, as reau.’’; (6) CLERICAL AMENDMENTS.—The table of amended by section 201(a) of this Act, the (B) by inserting after section 404 (as added contents of the Homeland Security Act of Secretary of Homeland Security shall trans- by section 102(a)(4) of this Act) the following 2002 (6 U.S.C. 101 et seq.) is amended— fer to United States Immigration and Cus- new sections: toms Enforcement all functions (including (A) by inserting after the item relating to ‘‘SEC. 405. CHIEF OF IMMIGRATION POLICY AND the personnel, assets, and liabilities attrib- section 404 (as added by section 102(b)(2) of STRATEGY. this Act) the following new items: utable to such functions) of the Customs Pa- ‘‘(a) IN GENERAL.—There shall be a position ‘‘Sec. 405. Chief of Policy and Strategy trol Officers unit operating on the Tohono of Chief of Immigration Policy and Strategy ‘‘Sec. 406. Legal advisor’’; O’odham Indian reservation (commonly for the Bureau of Border Security and Cus- known as the ‘‘Shadow Wolves’’ unit). toms. (B) by striking the item related to section (2) ESTABLISHMENT OF NEW UNITS.—The ‘‘(b) FUNCTIONS.—In consultation with Bu- 442; and Secretary is authorized to establish Shadow reau of Border Security and Customs per- (C) by redesignating the items relating to Wolves units within both the Office of Immi- sonnel in local offices, the Chief of Immigra- sections 443 through 446 as items relating to gration Enforcement and Office of Customs tion Policy and Strategy shall be responsible sections 442 through 445, respectively. Enforcement in the Bureau of Border Secu- for— TITLE V—KEEPING OUR COMMITMENT TO rity and Customs. ‘‘(1) making policy recommendations and ENSURE SUFFICIENT, WELL TRAINED (3) DUTIES.—The Customs Patrol Officer performing policy research and analysis on AND WELL EQUIPPED PERSONNEL AT unit transferred pursuant to paragraph (1), immigration enforcement issues; and THE UNITED STATES BORDER and additional units established pursuant to ‘‘(2) coordinating immigration policy Subtitle A—Equipment Enhancements to Ad- paragraph (2), shall operate on Indian lands issues with the Chief of Policy and Strategy dress Shortfalls to Securing United States by preventing the entry of terrorists, other for the Bureau of Citizenship and Immigra- Borders unlawful aliens, instruments of terrorism, tion Services (established under subtitle E), narcotics, and other contraband into the as appropriate. SEC. 501. EMERGENCY DEPLOYMENT OF UNITED STATES BORDER PATROL AGENTS. United States. ‘‘SEC. 406. IMMIGRATION LEGAL ADVISOR. (a) IN GENERAL.—If the Governor of a State (4) BASIC PAY FOR JOURNEYMAN OFFICERS.— ‘‘There shall be a principal immigration A Customs Patrol Officer in a unit described legal advisor to the Commissioner of the Bu- on an international border of the United in this subsection shall receive equivalent reau of Border Security and Customs. The States declares an international border secu- pay as a special agent with similar com- immigration legal advisor shall provide spe- rity emergency and requests additional petencies within United States Immigration cialized legal advice to the Commissioner of United States Border Patrol agents from the and Customs Enforcement pursuant to the the Bureau of Border Security and Customs Secretary of Homeland Security, the Sec- Department of Homeland Security’s Human and shall represent the Bureau in all exclu- retary is authorized, subject to subsections Resources Management System established sion, deportation, and removal proceedings (b) and (c), to provide the State with up to under section 841 of the Homeland Security before the Executive Office for Immigration 1,000 additional United States Border Patrol Act (6 U.S.C. 411). Review.’’; and agents for the purpose of patrolling and de- fending the international border, in order to (5) SUPERVISORS.—The Shadow Wolves unit (C) by striking section 442 (6 U.S.C. 252) created within the Office of Immigration En- and redesignating sections 443 through 446 as prevent individuals from crossing the inter- forcement shall be supervised by a Chief Im- sections 442 through 445, respectively. national border and entering the United migration Patrol Officer. The Shadow (4) CONFORMING AMENDMENTS.— States at any location other than an author- Wolves unit created within the Office of Cus- (A) BUREAU OF BORDER SECURITY AND CUS- ized port of entry. toms Enforcement shall be supervised by a TOMS.—Each of the following sections of the (b) CONSULTATION.—The Secretary of Chief Customs Patrol Officer. Each such Offi- Homeland Security Act of 2002 is amended by Homeland Security shall consult with the cer shall have the same rank as a resident inserting ‘‘and Customs’’ after ‘‘Border Secu- President upon receipt of a request under agent-in-charge of the Office of Investiga- rity’’ each place it appears: subsection (a), and shall grant it to the ex- tions within United States Immigration and (i) Section 442, as redesignated by sub- tent that providing the requested assistance Customs Enforcement. section (c)(3). will not significantly impair the Department (d) TECHNICAL AND CONFORMING AMEND- (ii) Section 443, as redesignated by sub- of Homeland Security’s ability to provide MENTS TO THE HOMELAND SECURITY ACT OF section (c)(3). border security for any other State. 2002.— (iii) Section 444, as redesignated by sub- (c) COLLECTIVE BARGAINING.—Emergency (1) TRANSPORTATION SECURITY ADMINISTRA- section (c)(3). deployments under this section shall be TION.—Section 424(a) of the Homeland Secu- (iv) Section 451 (6 U.S.C. 271). made in conformance with all collective bar- rity Act of 2002 (6 U.S.C. 234(a)) is amended (v) Section 459, (6 U.S.C. 276). gaining agreements and obligations. by striking ‘‘under the Under Secretary for (vi) Section 462 (6 U.S.C. 279). SEC. 502. HELICOPTERS AND POWER BOATS. Border Transportation and Security’’. (vii) Section 471 (6 U.S.C. 291). (a) IN GENERAL.—The Secretary of Home- (2) OFFICE FOR DOMESTIC PREPAREDNESS.— (viii) Section 472 (6 U.S.C. 292). land Security shall increase by not less than Section 430 of such Act (6 U.S.C. 238) is (ix) Section 474 (6 U.S.C. 294). 100 the number of United States Border Pa- amended— (x) Section 475 (6 U.S.C. 295). trol helicopters, and shall increase by not (A) in subsection (a), by striking ‘‘The Of- (xi) Section 476 (6 U.S.C. 296). less than 250 the number of United States fice for Domestic Preparedness shall be with- (xii) Section 477 (6 U.S.C. 297). Border Patrol power boats. The Secretary of in the Directorate of Border and Transpor- (B) COMMISSIONER OF THE BUREAU OF BOR- Homeland Security shall ensure that appro- tation Security.’’ and inserting ‘‘There shall DER SECURITY AND CUSTOMS.—The Homeland priate types of helicopters are procured for be in the Department an Office for Domestic Security Act of 2002 is amended— the various missions being performed. The Preparedness.’’; and (i) in section 442, as redesignated by sub- Secretary of Homeland Security also shall (B) in subsection (b), in the second sen- section (c)(3), in the matter preceding para- ensure that the types of power boats that are tence, by striking ‘‘Under Secretary for Bor- graph (1), by striking ‘‘Under Secretary for procured are appropriate for both the water- der and Transportation Security’’ and insert- Border and Transportation Security’’ and in- ways in which they are used and the mission ing ‘‘Secretary of Homeland Security’’. serting ‘‘Commissioner of Border Security requirements. (3) BUREAU OF BORDER SECURITY.—The and Customs’’; (b) USE AND TRAINING.—The Secretary of Homeland Security Act of 2002 (6 U.S.C. 101 (ii) in section 443, as redesignated by sub- Homeland Security shall establish an overall et seq.) is amended— section (c)(3), by striking ‘‘Under Secretary policy on how the helicopters and power (A) in section 402 (6 U.S.C. 202)— for Border and Transportation Security’’ and boats described in subsection (a) will be used (i) in the matter preceding paragraph (1), inserting ‘‘Commissioner of Border Security and implement training programs for the by striking ‘‘, acting through the Under Sec- and Customs’’; agents who use them, including safe oper- retary for Border and Transportation Secu- (iii) in section 451(a)(2)(C) (6 U.S.C. ating procedures and rescue operations. rity,’’; 271(a)(2)(C)), by striking ‘‘Assistant Sec- SEC. 503. MOTOR VEHICLES. (ii) by redesignating paragraph (8) as para- retary’’ and inserting ‘‘Commissioner’’; The Secretary of Homeland Security shall graph (9); and (iv) in section 459(c) (6 U.S.C. 276(c)), by establish a fleet of motor vehicles appro- (iii) by inserting after paragraph (7) the striking ‘‘Assistant Secretary’’ and inserting priate for use by the United States Border following new paragraph: ‘‘Commissioner’’; and Patrol that will permit a ratio of at least

VerDate Aug 31 2005 02:04 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.005 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6554 CONGRESSIONAL RECORD — HOUSE September 14, 2006 one police-type vehicle per every 3 United ‘‘(B) paragraph (2)(B) shall be applied by (A) is first appointed as a law enforcement States Border Patrol agents. Additionally, substituting ‘$80,000’ for ‘$60,000’.’’. officer (as described in paragraph (1)) before the Secretary of Homeland Security shall en- SEC. 512. RECRUITMENT AND RELOCATION BO- the date of the enactment of this Act; and sure that there are sufficient numbers and NUSES AND RETENTION ALLOW- (B) is serving as such a law enforcement of- types of other motor vehicles to support the ANCES FOR PERSONNEL OF THE DE- ficer on such date. mission of the United States Border Patrol. PARTMENT OF HOMELAND SECU- (3) TREATMENT OF SERVICE PERFORMED BY All vehicles will be chosen on the basis of ap- RITY. INCUMBENTS.— propriateness for use by the United States The Secretary of Homeland Security shall (A) IN GENERAL.—Service described in para- Border Patrol, and each vehicle shall have a ensure that the authority to pay recruit- graph (1) which is performed by an incum- ‘‘panic button’’ and a global positioning sys- ment and relocation bonuses under section bent on or after the date of the enactment of tem device that is activated solely in emer- 5753 of title 5, United States Code, the au- this Act shall, for all purposes (other than gency situations for the purpose of tracking thority to pay retention bonuses under sec- those to which subparagraph (B) pertains), the location of an agent in distress. The po- tion 5754 of such title, and any other similar be treated as service performed as a law en- lice-type vehicles shall be replaced at least authorities available under any other provi- forcement officer (within the meaning of sec- every 3 years. sion of law, rule, or regulation, are exercised tion 8331(20) or 8401(17) of title 5, United SEC. 504. PORTABLE COMPUTERS. to the fullest extent allowable in order to en- States Code, as appropriate), irrespective of The Secretary of Homeland Security shall courage service in the Department of Home- how such service is treated under subpara- ensure that each police-type motor vehicle land Security. graph (B). (B) RETIREMENT.—Service described in in the fleet of the United States Border Pa- SEC. 513. LAW ENFORCEMENT RETIREMENT COV- trol is equipped with a portable computer ERAGE FOR INSPECTION OFFICERS paragraph (1) which is performed by an in- with access to all necessary law enforcement AND OTHER EMPLOYEES. cumbent before, on, or after the date of the enactment of this Act shall, for purposes of databases and otherwise suited to the unique (a) AMENDMENTS.— subchapter III of chapter 83 and chapter 84 of operational requirements of the United (1) FEDERAL EMPLOYEES’ RETIREMENT SYS- title 5, United States Code, be treated as States Border Patrol. TEM.— service performed as a law enforcement offi- SEC. 505. RADIO COMMUNICATIONS. (A) Paragraph (17) of section 8401 of title 5, cer (within the meaning of section 8331(20) or The Secretary of Homeland Security shall United States Code, is amended by striking 8401(17), as appropriate), but only if an appro- augment the existing radio communications ‘‘and’’ at the end of subparagraph (C), and by priate written election is submitted to the system so all Federal law enforcement per- adding at the end the following: Office of Personnel Management within 5 sonnel working in every area in which ‘‘(E) an employee (not otherwise covered years after the date of the enactment of this United States Border Patrol operations are by this paragraph)— Act or before separation from Government conducted have clear and encrypted two-way ‘‘(i) the duties of whose position include service, whichever is earlier. radio communication capabilities at all the investigation or apprehension of individ- (4) INDIVIDUAL CONTRIBUTIONS FOR PRIOR times. uals suspected or convicted of offenses SERVICE.— SEC. 506. HAND-HELD GLOBAL POSITIONING SYS- against the criminal laws of the United (A) IN GENERAL.—An individual who makes TEM DEVICES. States; and an election under paragraph (3)(B) may, with The Secretary of Homeland Security shall ‘‘(ii) who is authorized to carry a firearm; respect to prior service performed by such ensure that each United States Border Pa- and individual, contribute to the Civil Service trol agent is issued, when on patrol, a state- ‘‘(F) an employee of the Internal Revenue Retirement and Disability Fund the dif- of-the-art hand-held global positioning sys- Service, the duties of whose position are pri- ference between the individual contributions tem device for navigational purposes. marily the collection of delinquent taxes and that were actually made for such service and SEC. 507. NIGHT VISION EQUIPMENT. the securing of delinquent returns;’’. the individual contributions that should The Secretary of Homeland Security shall (B) CONFORMING AMENDMENT.—Section have been made for such service if the ensure that sufficient quantities of state-of- 8401(17)(C) of title 5, United States Code, is amendments made by subsection (a) had the-art night vision equipment are procured amended by striking ‘‘(A) and (B)’’ and in- then been in effect. and regularly maintained to enable each serting ‘‘(A), (B), (E), and (F)’’. (B) EFFECT OF NOT CONTRIBUTING.—If no United States Border Patrol agent patrolling (2) CIVIL SERVICE RETIREMENT SYSTEM.— part of or less than the full amount required during the hours of darkness to be equipped Paragraph (20) of section 8331 of title 5, under subparagraph (A) is paid, all prior with a portable night vision device. United States Code, is amended by inserting service of the incumbent shall remain fully SEC. 508. BODY ARMOR. after ‘‘position.’’ (in the matter before sub- creditable as law enforcement officer service, The Secretary of Homeland Security shall paragraph (A)) the following: ‘‘For the pur- but the resulting annuity shall be reduced in ensure that every United States Border Pa- pose of this paragraph, the employees de- a manner similar to that described in section trol agent is issued high-quality body armor scribed in the preceding provision of this 8334(d)(2) of title 5, United States Code, to that is appropriate for the climate and risks paragraph (in the matter before ‘including’) the extent necessary to make up the amount faced by the individual officer. Each officer shall be considered to include an employee, unpaid. shall be allowed to select from among a vari- not otherwise covered by this paragraph, (C) PRIOR SERVICE DEFINED.—For purposes ety of approved brands and styles. All body who satisfies clauses (i) and (ii) of section of this subsection, the term ‘‘prior service’’ armor shall be replaced at least once every 8401(17)(E) and an employee of the Internal means, with respect to any individual who five years. Revenue Service the duties of whose position makes an election under paragraph (3)(B), SEC. 509. WEAPONS. are as described in section 8401(17)(F).’’. service (described in paragraph (1)) per- The Secretary of Homeland Security shall (3) EFFECTIVE DATE.—Except as provided in formed by such individual before the date as ensure that United States Border Patrol subsection (b), the amendments made by this of which appropriate retirement deductions agents are equipped with weapons that are subsection shall take effect on the date of begin to be made in accordance with such reliable and effective to protect themselves, the enactment of this Act, and shall apply election. their fellow officers, and innocent third par- only in the case of any individual first ap- (5) GOVERNMENT CONTRIBUTIONS FOR PRIOR ties from the threats posed by armed crimi- pointed (or seeking to be first appointed) as SERVICE.— nals. In addition, the Secretary shall ensure a law enforcement officer (within the mean- (A) IN GENERAL.—If an incumbent makes that the policies of the Department of Home- ing of those amendments) on or after such an election under paragraph (3)(B), the agen- land Security allow all such officers to carry date. cy in or under which that individual was weapons selected from a Department ap- (b) TREATMENT OF SERVICE PERFORMED BY serving at the time of any prior service (re- proved list that are suited to the potential INCUMBENTS.— ferred to in paragraph (4)) shall remit to the threats that such officers face. (1) LAW ENFORCEMENT OFFICER AND SERVICE Office of Personnel Management, for deposit Subtitle B—Human Capital Enhancements to DESCRIBED.— in the Treasury of the United States to the Improve the Recruitment and Retention of (A) LAW ENFORCEMENT OFFICER.—Any ref- credit of the Civil Service Retirement and Border Security Personnel erence to a law enforcement officer described Disability Fund, the amount required under SEC. 511. MAXIMUM STUDENT LOAN REPAY- in this paragraph refers to an individual who subparagraph (B) with respect to such serv- MENTS FOR UNITED STATES BOR- satisfies the requirements of section 8331(20) ice. DER PATROL AGENTS. or 8401(17) of title 5, United States Code (re- (B) AMOUNT REQUIRED.—The amount an Section 5379(b) of title 5, United States lating to the definition of a law enforcement agency is required to remit is, with respect Code, is amended by adding at the end the officer) by virtue of the amendments made to any prior service, the total amount of ad- following: by subsection (a). ditional Government contributions to the ‘‘(4) In the case of an employee (otherwise (B) SERVICE.—Any reference to service de- Civil Service Retirement and Disability eligible for benefits under this section) who scribed in this paragraph refers to service Fund (above those actually paid) that would is serving as a full-time active-duty United performed as a law enforcement officer (as have been required if the amendments made States Border Patrol agent within the De- described in this paragraph). by subsection (a) had then been in effect. partment of Homeland Security— (2) INCUMBENT DEFINED.—For purposes of (C) CONTRIBUTIONS TO BE MADE RATABLY.— ‘‘(A) paragraph (2)(A) shall be applied by this subsection, the term ‘‘incumbent’’ Government contributions under this para- substituting ‘$20,000’ for ‘$10,000’; and means an individual who— graph on behalf of an incumbent shall be

VerDate Aug 31 2005 02:04 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.005 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6555 made by the agency ratably (on at least an tion non-supervisory import specialists in date of the enactment of this Act, the Sec- annual basis) over the 10-year period begin- the Department of Homeland Security shall retary of Homeland Security shall develop a ning on the date referred to in paragraph be not less than 1,080 in fiscal year 2007. plan to full integrate and make interoper- (4)(C). (b) AUTHORIZATION OF APPROPRIATIONS.— able the databases of all of the expedited (6) EXEMPTION FROM MANDATORY SEPARA- There are authorized to be appropriated to traveler programs of the Department of TION.—Nothing in section 8335(b) or 8425(b) of the Secretary of Homeland Security such Homeland Security, including NEXUS, AIR title 5, United States Code, shall cause the sums as may be necessary to fund these posi- NEXUS, SENTRI, FAST, and Register Trav- involuntary separation of a law enforcement tions and related expenses including training eler. officer (as described in paragraph (1)) before and support. TITLE VI—ENSURING PROPER the end of the 3-year period beginning on the SEC. 532. CERTIFICATIONS RELATING TO FUNC- SCREENING date of the enactment of this Act. TIONS AND IMPORT SPECIALISTS OF SEC. 601. US-VISIT OVERSIGHT TASK FORCE. (7) REGULATIONS.—The Office shall pre- UNITED STATES CUSTOM AND BOR- scribe regulations to carry out this section, DER PROTECTION. (a) IN GENERAL.—In order to assist the Sec- including— (a) FUNCTIONS.—The Secretary of Home- retary of Homeland Security to complete the (A) provisions in accordance with which in- land Security shall annually certify to Con- planning and expedited deployment of US- terest on any amount under paragraph (4) or gress, that, pursuant to paragraph (1) of sec- VISIT, as described in section 7208 of such (5) shall be computed, based on section tion 412(b) of the Homeland Security Act of Act, and consistent with the findings of the 8334(e) of title 5, United States Code; and 2002 (6 U.S.C. 212(b)) the Secretary has not National Commission on Terrorist Attacks (B) provisions for the application of this consolidated, discontinued, or diminished upon the United States, the Secretary shall subsection in the case of— those functions described in paragraph (2) of convene a task force. (i) any individual who— such section that were performed by the (b) COMPOSITION.—The task force shall be (I) satisfies subparagraph (A) (but not sub- United States Customs Service, or reduced composed of representatives from private paragraph (B)) of paragraph (2); and the staffing level or reduced resources at- sector groups with an interest in immigra- (II) serves as a law enforcement officer (as tributable to such functions. tion and naturalization, travel and tourism, (b) NUMBER OF IMPORT SPECIALISTS.—The described in paragraph (1)) after the date of transportation, trade, law enforcement, na- Secretary of Homeland Security shall annu- the enactment of this Act; and tional security, the environment, and other ally certify to Congress that, in accordance (ii) any individual entitled to a survivor affected industries and areas of interest. with the requirement described in section annuity (based on the service of an incum- Members of the task force shall be appointed 302(a), the number of full time non-super- bent, or of an individual under clause (i), by the Secretary for the life of the task visory import specialists employed by who dies before making an election under force. United States Customs and Border Protec- paragraph (3)(B)), to the extent of any rights (c) DUTIES.—The task force shall advise tion is at least 1,080. that would then be available to the decedent and assist the Secretary regarding ways to (if still living). SEC. 533. EXPEDITED TRAVELER PROGRAMS. make US-VISIT a secure and complete sys- (a) SENSE OF CONGRESS.—It is the sense of tem to track visitors to the United States. (8) RULE OF CONSTRUCTION.—Nothing in this subsection shall be considered to apply in Congress that the expedited travel programs (d) REPORT.—Not later than December 31, the case of a reemployed annuitant. of the Department of Homeland Security 2007, and annually thereafter that the task should be expanded to all major United force is in existence, the task force shall sub- SEC. 514. INCREASE UNITED STATES BORDER PA- States ports of entry and participation in TROL AGENT AND INSPECTOR PAY. mit to the House Committee on Homeland the pre-enrollment programs should be Effective as of the first day of the first ap- Security and the Committee on Homeland strongly encouraged. These programs assist plicable pay period beginning on the date Security and Government Reform of the Sen- frontline officers of the United States in the that is one year after the date of the enact- ate a report containing the findings, conclu- fight against terrorism by increasing the ment of this Act, the highest basic rate of sions, and recommendations of the task force number of known travelers crossing the bor- pay for a journey level United States Border with respect to making US-VISIT a secure der. The identities of such expedited trav- Patrol agent or immigration, customs, or ag- and complete system, in accordance with elers should be entered into a database of riculture inspector within the Department of paragraph (3). The report shall also measure known travelers who have been subjected to Homeland Security whose primary duties and evaluate the progress the task force has in-depth background and watch-list checks. consist of enforcing the immigration, cus- made in providing a framework for comple- This will permit border control officers to toms, or agriculture laws of the United tion of the US-VISIT program, an estimation focus more closely on unknown travelers, po- States shall increase from the annual rate of of how long any remaining work will take to tential criminals, and terrorists. basic pay for positions at GS-11 of the Gen- complete, and an estimation of the cost to (b) MONITORING.— eral Schedule to the annual rate of basic pay complete such work. (1) IN GENERAL.—The Secretary of Home- for positions at GS-12 of the General Sched- (e) AUTHORIZATION OF APPROPRIATIONS.— land Security shall monitor usage levels of ule. There are authorized to be appropriated to all expedited travel lanes at United States the Secretary such funds as may be nec- SEC. 515. COMPENSATION FOR TRAINING AT FED- land border ports of entry. essary to carry out this subsection. ERAL LAW ENFORCEMENT TRAINING (2) FUNDING FOR STAFF AND INFRASTRUC- CENTER. SEC. 602. VERIFICATION OF SECURITY MEASURES TURE.—If the Secretary determines that the Official training, including training pro- UNDER THE CUSTOMS–TRADE PART- usage levels referred to in paragraph (1) ex- vided at the Federal Law Enforcement NERSHIP AGAINST TERRORISM (C- ceed the capacity of border facilities to pro- TPAT) PROGRAM AND THE FREE Training Center, that is provided to a cus- vide expedited entry and exit, the Secretary AND SECURE TRADE (FAST) PRO- toms officer or canine enforcement officer shall submit to Congress a request for addi- GRAM. (as defined in subsection (e)(1) of section 5 of tional funding for increases in staff and im- (a) GENERAL VERIFICATION.—Not later than the Act of February 13, 1911 (19 U.S.C. 267), or provements in infrastructure, as appropriate, one year after the date of the enactment of to a customs and border protection officer to enhance the capacity of such facilities. this Act, and on a biannual basis thereafter, shall be deemed work for purposes of such (c) EXPANSION OF EXPEDITED TRAVELER the Commissioner of the Bureau of Customs section. If such training results in the officer SERVICES.—The Secretary of Homeland Secu- and Border Protection of the Department of performing work in excess of 40 hours in the rity shall— Homeland Security shall verify on-site the administrative workweek of the officer or in (1) open new enrollment centers in States security measures of each individual and en- excess of 8 hours in a day, the officer shall be that do not share an international land bor- tity that is participating in the Customs– compensated for that work at an hourly rate der with Canada or Mexico but where the Trade Partnership Against Terrorism (C- of pay that is equal to 2 times the hourly Secretary has determined that a large de- TPAT) program and the Free And Secure rate of the basic pay of the officer, in accord- mand for expedited traveler programs exist; Trade (FAST) program. ance with subsection (a)(1) of such section. (2) reduce fee levels for the expedited trav- (b) POLICIES FOR NONCOMPLIANCE WITH C- Such compensation shall apply with respect eler programs to encourage greater partici- TPAT PROGRAM REQUIREMENTS.—The Com- to such training provided to such officers on pation; and missioner shall establish policies for non- or after January 1, 2002. Not later than 60 (3) cooperate with the Secretary of State compliance with the requirements of the C- days after the date of the enactment of this in the public promotion of benefits of the ex- TPAT program by individuals and entities Act, such compensation shall be provided to pedited traveler programs of the Department participating in the program, including pro- such officers, together with any applicable of Homeland Security. bation or expulsion from the program, as ap- interest, calculated in accordance with sec- (d) REPORT ON EXPEDITED TRAVELER PRO- propriate. tion 5596(b)(2) of title 5, United States Code. GRAMS.—The Secretary of Homeland Secu- SEC. 603. IMMEDIATE INTERNATIONAL PAS- Subtitle C—Securing and Facilitating the rity shall, on biannually in 2007, 2008, and SENGER PRESCREENING PILOT PRO- Movement of Goods and Travelers 2009, submit to Congress a report on partici- GRAM. SEC. 531. INCREASE IN FULL TIME UNITED pation in the expedited traveler programs of (a) PILOT PROGRAM.—Not later than 90 days STATES CUSTOMS AND BORDER the Department of Homeland Security. after the date of enactment of this Act, the PROTECTION IMPORT SPECIALISTS. (e) INTEGRATION AND INTEROPERABILITY OF Secretary of Homeland Security shall ini- (a) IN GENERAL.—The number of full time EXPEDITED TRAVELER PROGRAM DATA- tiate a pilot program to evaluate the use of United States Customs and Border Protec- BASES.—Not later than six months after the automated systems for the immediate

VerDate Aug 31 2005 02:04 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.006 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6556 CONGRESSIONAL RECORD — HOUSE September 14, 2006 prescreening of passengers on flights in for- TITLE VII—ALIEN SMUGGLING; NORTH- Secretary of State, or the Attorney General eign air transportation, as defined by section ERN BORDER PROSECUTION; CRIMINAL determines is essential to the success of an 40102 of title 49, United States Code, that are ALIENS authorized criminal investigation, the suc- bound for the United States. Subtitle A—Alien Smuggling cessful prosecution of an individual involved in the commercial alien smuggling organiza- (b) REQUIREMENTS.—At a minimum, with SEC. 701. COMBATING HUMAN SMUGGLING. tion or enterprise, or the disruption of such respect to a passenger on a flight described (a) REQUIREMENT FOR PLAN.—The Sec- organization or enterprise or a commercial in subsection (a) operated by an air carrier retary shall develop and implement a plan to operation for making or trafficking in docu- or foreign air carrier, the automated systems improve coordination between the Bureau of ments to be used for entering or remaining evaluated under the pilot program shall— Immigration and Customs Enforcement and in the United States unlawfully.’’; (1) compare the passenger’s information the Bureau of Customs and Border Protec- (4) by inserting ‘‘, or with respect to clause against the integrated and consolidated ter- tion of the Department of Homeland Secu- (iii), the Secretary of Homeland Security, rorist watchlist maintained by the Federal rity and any other Federal, State, local, or the Secretary of State, or the Attorney Gen- Government and provide the results of the tribal authorities, as determined appropriate eral’’ after ‘‘jointly’’; and comparison to the air carrier or foreign air by the Secretary, to improve coordination (5) by striking ‘‘(i) or (ii)’’ and inserting carrier before the passenger is permitted efforts to combat human smuggling. ‘‘(i), (ii), or (iii)’’. board the flight; (b) CONTENT.—In developing the plan re- (2) provide functions similar to the ad- quired by subsection (a), the Secretary shall (b) ADMISSION OF NONIMMIGRANTS.—Section vanced passenger information system estab- consider— 214(k) (8 U.S.C. 1184(k)) is amended lished under section 431 of the Tariff Act of (1) the interoperability of databases uti- (1) by adding at the end of paragraph (1) 1930 (19 U.S.C. 1431); and lized to prevent human smuggling; the following: ‘‘The number of aliens who (3) make use of machine-readable data ele- (2) adequate and effective personnel train- may be provided a visa as nonimmigrants ments on passports and other travel and ing; under section 101(a)(15)(S)(iii) in any fiscal entry documents in a manner consistent (3) methods and programs to effectively year may not exceed 400.’’; and with international standards. target networks that engage in such smug- (2) by adding at the end the following: (c) OPERATION.—The pilot program shall be gling; ‘‘(5) If the Secretary of Homeland Security, conducted— (4) effective utilization of— the Secretary of State, or the Attorney Gen- (1) in not fewer than 2 foreign airports; and (A) visas for victims of trafficking and eral determines that a nonimmigrant de- (2) in collaboration with not fewer than other crimes; and scribed in clause (iii) of section 101(a)(15)(S), one air carrier at each airport participating (B) investigatory techniques, equipment, or that of any family member of such a non- in the pilot program. and procedures that prevent, detect, and immigrant who is provided nonimmigrant (d) EVALUATION OF AUTOMATED SYSTEMS.— prosecute international money laundering status pursuant to such section, must be pro- In conducting the pilot program, the Sec- and other operations that are utilized in tected, such official may take such lawful retary shall evaluate not more than 3 auto- smuggling; action as the official considers necessary to mated systems. One or more of such systems (5) joint measures, with the Secretary of effect such protection.’’. State, to enhance intelligence sharing and shall be commercially available and cur- SEC. 704. ADJUSTMENT OF STATUS WHEN NEED- rently in use to prescreen passengers. cooperation with foreign governments whose ED TO PROTECT INFORMANTS. (e) PRIVACY PROTECTION.—The Secretary citizens are preyed on by human smugglers; Section 245(j) (8 U.S.C. 1255(j)) is amended— shall ensure that the passenger data is col- and (1) in paragraph (3), by striking ‘‘(1) or (2),’’ lected under the pilot program in a manner (6) other measures that the Secretary con- and inserting ‘‘(1), (2), (3), or (4),’’; consistent with the standards established siders appropriate to combating human (2) by redesignating paragraph (3) as para- under section 552a of title 5, United States smuggling. graph (5); Code. (c) REPORT.—Not later than 1 year after implementing the plan described in sub- (3) by inserting after paragraph (2) the fol- (f) DURATION.—The Secretary shall conduct lowing: the pilot program for not fewer than 90 days. section (a), the Secretary shall submit to Congress a report on such plan, including ‘‘(3) if, in the opinion of the Secretary of (g) PASSENGER DEFINED.—In this section, any recommendations for legislative action Homeland Security, the Secretary of State, the term ‘‘passenger’’ includes members of to improve efforts to combating human or the Attorney General— the flight crew. smuggling. ‘‘(A) a nonimmigrant admitted into the (h) REPORT.—Not later than 30 days after SEC. 702. REESTABLISHMENT OF THE UNITED United States under section 101(a)(15)(S)(iii) the date of completion of the pilot program, STATES BORDER PATROL ANTI- has supplied information described in sub- the Secretary shall submit to the Committee SMUGGLING UNIT. clause (I) of such section; and on Homeland Security of the House of Rep- The Secretary of Homeland Security shall ‘‘(B) the provision of such information has resentatives and the Committee on Com- reestablish the Anti-Smuggling Unit within substantially contributed to the success of a merce, Science, and Transportation of the the Office of United States Border Patrol, commercial alien smuggling investigation or Senate a report containing the following: and shall immediately staff such office with an investigation of the sale or production of (1) An assessment of the technical perform- a minimum of 500 criminal investigators se- fraudulent documents to be used for entering ance of each of the tested systems, including lected from within the ranks of the United or remaining in the United States unlaw- the system’s accuracy, scalability, and effec- States Border Patrol. Staffing levels shall be fully, the disruption of such an enterprise, or tiveness with respect to measurable factors, adjusted upward periodically in accordance the prosecution of an individual described in including, at a minimum, passenger through- with workload requirements. subclause (III) of that section, put, the rate of flight diversions, and the SEC. 703. NEW NONIMMIGRANT VISA CLASSIFICA- the Secretary of Homeland Security may ad- rate of false negatives and positives. TION TO ENABLE INFORMANTS TO just the status of the alien (and the spouse, (2) A description of the provisions of each ENTER THE UNITED STATES AND RE- children, married and unmarried sons and tested system to protect the civil liberties MAIN TEMPORARILY. daughters, and parents of the alien if admit- and privacy rights of passengers, as well as a (a) IN GENERAL.—Section 101(a)(15)(S) (8 ted under that section) to that of an alien description of the adequacy of an immediate U.S.C. 1101(a)(15)(S)) is amended lawfully admitted for permanent residence if redress or appeals process for passengers de- (1) in clause (i), by striking ‘‘or’’ at the the alien is not described in section nied authorization to travel. end; 212(a)(3)(E). (3) Cost projections for implementation of (2) in clause (ii), by striking the comma at ‘‘(4) The Secretary of Homeland Security each tested system, including— the end and inserting ‘‘; or’’; may adjust the status of a nonimmigrant ad- (A) projected costs to the Department of (3) by inserting after clause (ii) the fol- mitted into the United States under section Homeland Security; and lowing: 101(a)(15)(S)(iii) (and the spouse, children, (B) projected costs of compliance to air ‘‘(iii) who the Secretary of Homeland Secu- married and unmarried sons and daughters, carriers operating flights described in sub- rity, the Secretary of State, or the Attorney and parents of the nonimmigrant if admitted section (a). General determines— under that section) to that of an alien law- (4) A determination as to which tested sys- ‘‘(I) is in possession of critical reliable in- fully admitted for permanent residence on tem is the best-performing and most effi- formation concerning a commercial alien the basis of a recommendation of the Sec- cient system to ensure immediate smuggling organization or enterprise or a retary of State or the Attorney General.’’; prescreening of international passengers. commercial operation for making or traf- and Such determination shall be made after con- ficking in documents to be used for entering (4) by adding at the end the following: sultation with individuals in the private sec- or remaining in the United States unlaw- ‘‘(6) If the Secretary of Homeland Security, tor having expertise in airline industry, fully; the Secretary of State, or the Attorney Gen- travel, tourism, privacy, national security, ‘‘(II) is willing to supply or has supplied eral determines that a person whose status is or computer security issues. such information to a Federal or State adjusted under this subsection must be pro- (5) A plan to fully deploy the best-per- court; or tected, such official may take such lawful forming and most efficient system tested by ‘‘(III) whose presence in the United States action as the official considers necessary to not later than January 1, 2007. the Secretary of Homeland Security, the effect such protection.’’.

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SEC. 705. REWARDS PROGRAM. ‘‘(C) CERTIFICATION FOR PAYMENT.—Any re- provided in the form of direct reimburse- (a) REWARDS PROGRAM.—Section 274 (8 ward granted under this subsection shall be ments and shall be allocated in a manner U.S.C. 1324) is amended by adding at the end certified for payment by the Secretary of consistent with the manner under which the following: Homeland Security.’’. funds are allocated under the Southwestern ‘‘(e) REWARDS PROGRAM.— SEC. 706. OUTREACH PROGRAM. Border Prosecution Initiative. ‘‘(1) IN GENERAL.—There is established in Section 274 (8 U.S.C. 1324), as amended by (c) USE OF FUNDS.—Funds provided to an the Department of Homeland Security a pro- subsection (a), is further amended by adding eligible northern border entity may be used gram for the payment of rewards to carry at the end the following: by the entity for any lawful purpose, includ- out the purposes of this section. ‘‘(f) OUTREACH PROGRAM.—The Secretary of ing the following purposes: ‘‘(2) PURPOSE.—The rewards program shall Homeland Security, in consultation, as ap- (1) Prosecution and related costs. be designed to assist in the elimination of propriate, with the Attorney General and the (2) Court costs. commercial operations to produce or sell Secretary of State, shall develop and imple- (3) Costs of courtroom technology. fraudulent documents to be used for entering ment an outreach program to educate the (4) Costs of constructing holding spaces. or remaining in the United States unlawfully public in the United States and abroad (5) Costs of administrative staff. and to assist in the investigation, prosecu- about— (6) Costs of defense counsel for indigent de- tion, or disruption of a commercial alien ‘‘(1) the penalties for— fendants. smuggling operation. ‘‘(A) bringing in and harboring aliens in (7) Detention costs, including pre-trial and ‘‘(3) ADMINISTRATION.—The rewards pro- violation of this section; and post-trial detention. gram shall be administered by the Secretary ‘‘(B) participating in a commercial oper- (d) DEFINITIONS.—In this section: of Homeland Security, in consultation, as ation for making, or trafficking in, docu- (1) The term ‘‘eligible northern border en- appropriate, with the Attorney General and ments to be used for entering or remaining tity’’ means— the Secretary of State. in the United States unlawfully; and (A) any of the following States: Alaska, Idaho, Maine, Michigan, Minnesota, Mon- ‘‘(4) REWARDS AUTHORIZED.—In the sole dis- ‘‘(2) the financial rewards and other incen- cretion of the Secretary of Homeland Secu- tives available for assisting in the investiga- tana, New Hampshire, New York, North Da- rity, such Secretary, in consultation, as ap- tion, disruption, or prosecution of a commer- kota, Ohio, Pennsylvania, Vermont, Wash- propriate, with the Attorney General and the cial smuggling operation or a commercial ington, and Wisconsin; or Secretary of State, may pay a reward to any operation for making, or trafficking in, doc- (B) any unit of local government within a individual who furnishes information or tes- uments to be used for entering or remaining State referred to in subparagraph (A). timony leading to— in the United States unlawfully.’’. (2) The term ‘‘federally initiated’’ means, with respect to a criminal case, that the case ‘‘(A) the arrest or conviction of any indi- SEC. 707. ESTABLISHMENT OF A SPECIAL TASK vidual conspiring or attempting to produce FORCE FOR COORDINATING AND results from a criminal investigation or an or sell fraudulent documents to be used for DISTRIBUTING INFORMATION ON arrest involving Federal law enforcement au- entering or remaining in the United States FRAUDULENT IMMIGRATION DOCU- thorities for a potential violation of Federal MENTS. unlawfully or to commit an act of commer- criminal law, including investigations re- (a) In General.—The Secretary of Home- cial alien smuggling involving the transpor- sulting from multijurisdictional task forces. land Security shall establish a task force (to tation of aliens; (3) The term ‘‘federally declined-referred’’ be known as the Task Force on Fraudulent ‘‘(B) the arrest or conviction of any indi- means, with respect to a criminal case, that Immigration Documents) to carry out the vidual committing such an act; a decision has been made in that case by a following: ‘‘(C) the arrest or conviction of any indi- United States Attorney or a Federal law en- (1) Collect information from Federal, vidual aiding or abetting the commission of forcement agency during a Federal inves- State, and local law enforcement agencies, such an act; tigation to no longer pursue Federal crimi- and Foreign governments on the production, ‘‘(D) the prevention, frustration, or favor- nal charges against a defendant and to refer sale, and distribution of fraudulent docu- able resolution of such an act, including the of the investigation to a State or local juris- ments intended to be used to enter or to re- dismantling of an operation to produce or diction for possible prosecution. The term in- main in the United States unlawfully. sell fraudulent documents to be used for en- cludes a decision made on an individualized (2) Maintain that information in a com- tering or remaining in the United States, or case-by-case basis as well as a decision made prehensive database. commercial alien smuggling operations, in pursuant to a general policy or practice or (3) Convert the information into reports whole or in significant part; or pursuant to prosecutorial discretion. that will provide guidance for government ‘‘(E) the identification or location of an in- (4) The term ‘‘case disposition’’, for pur- officials on identifying fraudulent docu- dividual who holds a key leadership position poses of the Northern Border Prosecution ments being used to enter or to remain in in an operation to produce or sell fraudulent Initiative, refers to the time between a sus- the United States unlawfully. documents to be used for entering or remain- pect’s arrest and the resolution of the crimi- (4) Develop a system for distributing these ing in the United States unlawfully or a nal charges through a county or State judi- reports on an ongoing basis to appropriate commercial alien smuggling operation in- cial or prosecutorial process. Disposition Federal, State, and local law enforcement volving the transportation of aliens. does not include incarceration time for sen- agencies. tenced offenders, or time spent by prosecu- ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— (b) DISTRIBUTION OF INFORMATION.—Dis- There are authorized to be appropriated such tors on judicial appeals. tribute the reports to appropriate Federal, sums as may be necessary to carry out this SEC. 713. AUTHORIZATION OF APPROPRIATIONS. State, and local law enforcement agencies on subsection. Amounts appropriated under this There are authorized to be appropriated to an ongoing basis. paragraph shall remain available until ex- carry out this section $28,000,000 for fiscal pended. Subtitle B—Northern Border Prosecution year 2007 and such sums as may be necessary ‘‘(6) INELIGIBILITY.—An officer or employee Initiative Reimbursement Act for fiscal years after fiscal year 2007. of any Federal, State, local, or foreign gov- SEC. 711. SHORT TITLE. Subtitle C—Criminal Aliens ernment who, while in performance of his or This Act may be cited as the ‘‘Northern SEC. 721. REMOVAL OF CRIMINAL ALIENS. her official duties, furnishes information de- Border Prosecution Initiative Reimburse- (a) IN GENERAL.—Within one year after the scribed in paragraph (4) shall not be eligible ment Act’’. date of the enactment of this Act the De- for a reward under this subsection for such SEC. 712. NORTHERN BORDER PROSECUTION INI- partment of Homeland Security shall locate furnishing. TIATIVE. and remove all criminal aliens who have ‘‘(7) PROTECTION MEASURES.—If the Sec- (a) INITIATIVE REQUIRED.—From amounts been ordered deported as of such enactment retary of Homeland Security, the Secretary made available to carry out this section, the date. of State, or the Attorney General determines Attorney General, acting through the Direc- (b) CONTINUATION AND EXPANSION OF INSTI- that an individual who furnishes information tor of the Bureau of Justice Assistance of TUTIONAL REMOVAL PROGRAM.— or testimony described in paragraph (4), or the Office of Justice Programs, shall carry (1) IN GENERAL.—The Attorney General and any spouse, child, parent, son, or daughter of out a program, to be known as the Northern the Secretary of Homeland Security shall such an individual, must be protected, such Border Prosecution Initiative, to provide continue to operate and implement the Insti- official may take such lawful action as the funds to reimburse eligible northern border tutional Removal Program, under section official considers necessary to effect such entities for costs incurred by those entities 238(a)(1) of the Immigration and Nationality protection. for handling case dispositions of criminal Act (8 U.S.C. 1228(a)(1)), which identifies re- ‘‘(8) LIMITATIONS AND CERTIFICATION.— cases that are federally initiated but feder- movable criminal aliens serving sentences in ‘‘(A) MAXIMUM AMOUNT.—No reward under ally declined-referred. This program shall be Federal and State correctional facilities for this subsection may exceed $100,000, except modeled after the Southwestern Border Pros- crimes set forth in section 238(a)(1) of such as personally authorized by the Secretary of ecution Initiative and shall serve as a part- Act, ensures such aliens are not released into Homeland Security. ner program to that initiative to reimburse the community, and removes such aliens ‘‘(B) APPROVAL.—Any reward under this local jurisdictions for processing Federal from the United States upon completion of subsection exceeding $50,000 shall be person- cases. their sentences. The Institutional Removal ally approved by the Secretary of Homeland (b) PROVISION AND ALLOCATION OF FUNDS.— Program shall be designed in accordance Security. Funds provided under the program shall be with section 238(a)(3) of such Act such

VerDate Aug 31 2005 04:31 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.006 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6558 CONGRESSIONAL RECORD — HOUSE September 14, 2006 that removal proceedings may be initiated $1,000,000,000 for each of the succeeding ten than 75 judges for each of fiscal years 2007 and, to the extent possible, completed before fiscal years. through 2010. completion of a criminal sentence. ‘‘(6) Amounts appropriated pursuant to (b) US ATTORNEY OFFICE INCREASE.—The (2) EXPANSION.—The Institutional Removal paragraph (5) that are distributed to a State Department of Justice shall dedicate an ad- Program shall be made available to all or political subdivision of a State, including ditional 100 attorney positions at offices of States. The Attorney General and Secretary a municipality, may be used only for correc- the United States Attorney in the States of of Homeland Security shall increase the per- tional purposes.’’. Arizona, New Mexico, and Texas for the en- sonnel for such program by 750 full-time SEC. 723. REIMBURSEMENT OF STATES FOR INDI- forcement of immigration law and create a equivalent personnel for fiscal years 2007 RECT COSTS RELATING TO THE IN- supervisory staff position to coordinate the through 2010. CARCERATION OF ILLEGAL ALIENS. enforcement activities in each of fiscal years (3) TRAINING AND TECHNICAL ASSISTANCE.— Section 501 of the Immigration Reform and 2007 through 2010. The Secretary of Homeland Security shall Control Act of 1986 (8 U.S.C. 1365) is amend- (c) US MARSHALL INCREASE.—The Depart- provide training and technical assistance to ed— ment of Justice shall provide for an increase State and local correctional officers about (1) in subsection (a)— of 250 United States Marshals to provide sup- the Institutional Removal Program, the (A) by striking ‘‘for the costs’’ and insert- port for border patrol agents in each of fiscal roles and responsibilities of Federal immi- ing the following: ‘‘for— years 2007 through 2010. gration authorities in identifying and remov- ‘‘(1) the costs’’; and Subtitle D—Operation Predator ing criminal aliens pursuant to section (B) by striking ‘‘such State.’’ and inserting 238(a)(3) of the Immigration and Nationality the following: ‘‘such State; and SEC. 731. DIRECT FUNDING FOR OPERATION Act, and methods for communicating be- ‘‘(2) the indirect costs related to the im- PREDATOR. tween State and local correctional facilities prisonment described in paragraph (1).’’; and (a) IN GENERAL.—The Operation Predator and the Federal immigration agents respon- (2) by striking subsections (c) through (e) initiative of the Bureau of Immigration and sible for removals. and inserting the following: Customs Enforcement (ICE) of the Depart- (4) COOPERATION, IDENTIFICATION, AND NOTI- ‘‘(c) MANNER OF ALLOTMENT OF REIMBURSE- ment of Homeland Security is responsible for FICATION.—Any State that receives federal MENTS.—Reimbursements under this section identifying child predators and removing funds pursuant to section 241(i) of the Immi- shall be allotted in a manner that gives spe- them from the United States if they are sub- gration and Nationality Act (8 U.S.C. 1231(i)) cial consideration for any State that— ject to deportation. shall— ‘‘(1) shares a border with Mexico or Can- (b) AUTHORIZATION OF APPROPRIATIONS.— (A) cooperate with Federal Institutional ada; or There are authorized to be appropriated to Removal Program officials in carrying out ‘‘(2) includes within the State an area in carry out the Operation Predator initiative criminal alien removals pursuant to section which a large number of undocumented such funds as may be necessary for fiscal 238(a)(1) of such Act ; aliens reside relative to the general popu- year 2007 through fiscal year 2011. (B) permit Federal agents to expeditiously lation of that area. ‘‘(d) DEFINITIONS.—As used in this section: TITLE VIII—FULFILLING FUNDING COM- and systematically identify such aliens des- MITMENTS MADE IN THE INTELLIGENCE ignated under such section serving criminal ‘‘(1) INDIRECT COSTS.—The term ‘indirect costs’ includes— REFORM AND TERRORISM PREVENTION sentences in State and local correctional fa- ACT OF 2004 cilities; and ‘‘(A) court costs, county attorney costs, de- (C) facilitate the transfer of such aliens to tention costs, and criminal proceedings ex- Subtitle A—Additional Authorizations of Federal custody as a condition for receiving penditures that do not involve going to trial; Appropriations such funds. ‘‘(B) indigent defense costs; and SEC. 801. BIOMETRIC CENTER OF EXCELLENCE. ‘‘(C) unsupervised probation costs. (5) TECHNOLOGY USAGE.—Technology, such In addition to such other sums as are au- ‘‘(2) STATE.—The term ‘State’ has the as videoconferencing, shall be used to the ex- thorized under law, to carry out section meaning given such term in section 101(a)(36) tent necessary in order to make the Institu- 4011(d) of the Intelligence Reform and Ter- of the Immigration and Nationality Act. tional Removal Program available to facili- rorism Prevention Act of 2004 (118 Stat. 3714), ties in remote locations. The purpose of such ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated there is authorized to be appropriated technology shall be to ensure inmate access $1,000,000 for fiscal year 2007 for the estab- to consular officials, and to permit federal $200,000,000 for each of the fiscal years 2005 through 2011 to carry out subsection (a)(2).’’. lishment of a competitive center of excel- officials to screen inmates for deportability lence that will develop and expedite the Fed- pursuant to section 238(a)(1) of the Immigra- SEC. 724. ICE STRATEGY AND STAFFING ASSESS- MENT. eral Government’s use of biometric identi- tion and Nationality Act (8 U.S.C. 1228(a)(1)). fiers. Use of technology should in no way impede (a) IN GENERAL.—Not later than December SEC. 802. PORTAL DETECTION SYSTEMS. or interfere with an individual’s right to ac- 31 of each year, the Secretary of Homeland cess to legal counsel, full and fair immigra- Security shall submit to the Government Ac- In addition to such other sums as are au- tion proceedings, and due process. countability Office and the appropriate con- thorized under law, to carry out section 44925 gressional committees (as defined by section (6) REPORT TO CONGRESS.—The Secretary of of title 49, United States Code, there is au- Homeland Security shall submit an annual 2 of the Homeland Security Act of 2002 (6 thorized to be appropriated to the Secretary report to Congress on the participation of U.S.C. 101)) a written report describing its of Homeland Security for the use of the States in the Institutional Removal Pro- strategy for deploying human resources (in- Transportation Security Administration gram. The report should also evaluate the cluding investigators and support personnel) $250,000,000 for fiscal year 2007 for research, extent to which States and localities submit to accomplish its border security mission. development, and installation of detection (b) REVIEW.—Not later than 90 days after qualified requests for reimbursement pursu- systems and other devices for the detection receiving any report under subsection (a), ant to section 241(i) of the Immigration and of biological, chemical, radiological, and ex- the Government Accountability Office shall National Act, but do not receive compen- plosive materials. submit to each appropriate congressional satory funding for lack of appropriations. SEC. 803. BORDER SECURITY TECHNOLOGIES committee (as defined by section 2 of the (7) AUTHORIZATION OF APPROPRIATIONS.— FOR USE BETWEEN PORTS OF Homeland Security Act of 2002 (6 U.S.C. 101)) There are authorized to be appropriated to ENTRY. a written evaluation of such report, includ- carry out the institutional removal pro- In addition to such other sums as are au- ing recommendations pertaining to how U.S. gram— thorized under law, to carry out subtitle A of Immigration and Customs Enforcement (A) $100,000,000 for fiscal year 2007; title V of the Intelligence Reform and Ter- could better deploy human resources to (B) $115,000,000 for fiscal year 2008; rorism Prevention Act (118 Stat. 3732), there achieve its border security mission through (C) $130,000,000 for fiscal year 2000; and is authorized to be appropriated $25,000,000 legislative or administrative action. (D) $145,000,000 for fiscal year 2010. for fiscal year 2007 for the formulation of a SEC. 725. CONGRESSIONAL MANDATE REGARD- research and development program to test SEC. 722. ASSISTANCE FOR STATES INCARCER- ING PROCESSING OF CRIMINAL various advanced technologies to improve ATING UNDOCUMENTED ALIENS ALIENS WHILE INCARCERATED. border security between ports of entry as es- CHARGED WITH CERTAIN CRIMES. The Secretary of Homeland Security shall tablished in sections 5101, 5102, 5103, and 5104 (a) IN GENERAL.—Section 241(i)(3)(A) of the work with prisons in which criminal aliens of the Intelligence Reform and Terrorism Immigration and Nationality Act (8 U.S.C. are incarcerated to complete their removal Prevention Act of 2004. 1231(i)(3)(A)) is amended by inserting or deportation proceeding before such aliens ‘‘charged with or’’ before ‘‘convicted’’. are released from prison and sent to Federal SEC. 804. IMMIGRATION SECURITY INITIATIVE. (b) AUTHORIZATION OF APPROPRIATIONS; detention. In addition to such other sums as are au- LIMITATION ON USE OF FUNDS.—Section 241(i) SEC. 726. INCREASE IN PROSECUTORS AND IMMI- thorized under law, to carry out section 7206 of such Act (8 U.S.C. 1231(i)) is amended by GRATION JUDGES AND UNITED of the Intelligence Reform and Terrorism striking paragraphs (5) and (6) and inserting STATES MARSHALS. Prevention Act (118 Stat. 3817), there are au- the following: (a) IMMIGRATION JUDGE INCREASE.—The Ex- thorized to be appropriated to the Secretary ‘‘(5) There are authorized to be appro- ecutive Office for Immigration Review in the of Homeland Security to carry out the priated to carry out this subsection Department of Justice shall increase the amendments made by subsection (a) $500,000,000 for fiscal year 2007 and number of immigration judges by not less $40,000,000 for fiscal year 2007.

VerDate Aug 31 2005 04:31 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.006 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6559 Subtitle B—National Commission on Pre- SEC. 824. POWERS OF COMMISSION. ceived, handled, stored, and disseminated by venting Terrorist Attacks Upon the United (a) IN GENERAL.— members of the Commission and its staff States (1) HEARINGS AND EVIDENCE.—The Commis- consistent with all applicable statutes, regu- SEC. 821. ESTABLISHMENT OF COMMISSION. sion or, on the authority of the Commission, lations, and Executive orders. There is established in the legislative any subcommittee or member thereof, may, (d) ASSISTANCE FROM FEDERAL AGENCIES.— branch the National Commission on Pre- for the purpose of carrying out this sub- (1) GENERAL SERVICES ADMINISTRATION.— venting Terrorist Attacks Upon the United title— The Administrator of General Services shall States (in this subtitle referred to as the (A) hold such hearings and sit and act at provide to the Commission on a reimburs- ‘‘Commission’’). such times and places, take such testimony, able basis administrative support and other receive such evidence, administer such services for the performance of the Commis- SEC. 822. PURPOSES. oaths; and The purposes of the Commission are to ex- sion’s functions. (B) subject to paragraph (2)(A), require, by amine and report on the changes taken since (2) OTHER DEPARTMENTS AND AGENCIES.—In subpoena or otherwise, the attendance and addition to the assistance prescribed in para- the terrorist attacks of September 11, 2001 to testimony of such witnesses and the produc- structure, coordination, management poli- graph (1), departments and agencies of the tion of such books, records, correspondence, United States may provide to the Commis- cies, and procedures of the Federal Govern- memoranda, papers, and documents, as the ment, and, if appropriate, State and local sion such services, funds, facilities, staff, and Commission or such designated sub- other support services as they may deter- governments and nongovernmental entities, committee or designated member may deter- relative to detecting, preventing, and re- mine advisable and as may be authorized by mine advisable. law. sponding to future terrorist attacks on the (2) SUBPOENAS.— (e) GIFTS.—The Commission may accept, United States. (A) ISSUANCE.— use, and dispose of gifts or donations of serv- SEC. 823. COMPOSITION OF COMMISSION. (i) IN GENERAL.—A subpoena may be issued (a) MEMBERS.—The Commission shall be under this subsection only— ices or property. composed of 10 members, of whom— (I) by the agreement of the chairman and (f) POSTAL SERVICES.—The Commission (1) 1 member shall be appointed by the the vice chairman; or may use the United States mails in the same President, who shall serve as chairman of (II) by the affirmative vote of 6 members of manner and under the same conditions as de- the Commission; the Commission. partments and agencies of the United States. (2) 1 member shall be appointed by the (ii) SIGNATURE.—Subject to clause (i), sub- (g) IN GENERAL.—The Federal Advisory leader of the Senate (majority or minority poenas issued under this subsection may be Committee Act (5 U.S.C. App.) shall not leader, as the case may be) of the Demo- issued under the signature of the chairman apply to the Commission. cratic Party, in consultation with the leader or any member designated by a majority of (h) PUBLIC MEETINGS AND RELEASE OF PUB- of the House of Representatives (majority or the Commission, and may be served by any LIC VERSIONS OF REPORTS.—The Commission minority leader, as the case may be) of the person designated by the chairman or by a shall— Democratic Party, who shall serve as vice member designated by a majority of the (1) hold public hearings and meetings to chairman of the Commission; Commission. the extent appropriate; and (3) 2 members shall be appointed by the (B) ENFORCEMENT.— (2) release public versions of the reports re- senior member of the Senate leadership of (i) IN GENERAL.—In the case of contumacy quired under section 610(a) and (b). the Democratic Party; or failure to obey a subpoena issued under (i) PUBLIC HEARINGS.—Any public hearings (4) 2 members shall be appointed by the subsection (a) the United States district of the Commission shall be conducted in a senior member of the leadership of the House court for the judicial district in which the manner consistent with the protection of in- of Representatives of the Republican Party; subpoenaed person resides, is served, or may formation provided to or developed for or by (5) 2 members shall be appointed by the be found, or where the subpoena is return- the Commission as required by any applica- senior member of the Senate leadership of able, may issue an order requiring such per- ble statute, regulation, or Executive order. the Republican Party; and son to appear at any designated place to tes- SEC. 825. COMPENSATION AND TRAVEL EX- (6) 2 members shall be appointed by the tify or to produce documentary or other evi- PENSES. senior member of the leadership of the House dence. Any failure to obey the order of the (a) COMPENSATION.—Each member of the of Representatives of the Democratic Party. court may be punished by the court as a con- Commission may be compensated at not to (b) QUALIFICATIONS; INITIAL MEETING.— tempt of that court. exceed the daily equivalent of the annual (1) POLITICAL PARTY AFFILIATION.—Not (ii) ADDITIONAL ENFORCEMENT.—In the case rate of basic pay in effect for a position at more than 5 members of the Commission of any failure of any witness to comply with level IV of the Executive Schedule under sec- shall be from the same political party. any subpoena or to testify when summoned tion 5315 of title 5, United States Code, for (2) NONGOVERNMENTAL APPOINTEES.—An in- under authority of this section, the Commis- each day during which that member is en- dividual appointed to the Commission may sion may, by majority vote, certify a state- gaged in the actual performance of the du- not be an officer or employee of the Federal ment of fact constituting such failure to the ties of the Commission. Government or any State or local govern- appropriate United States attorney, who (b) TRAVEL EXPENSES.—While away from ment. may bring the matter before the grand jury their homes or regular places of business in (3) OTHER QUALIFICATIONS.—It is the sense for its action, under the same statutory au- the performance of services for the Commis- of Congress that individuals appointed to the thority and procedures as if the United sion, members of the Commission shall be al- Commission should be prominent United States attorney had received a certification lowed travel expenses, including per diem in States citizens, with national recognition under sections 102 through 104 of the Revised lieu of subsistence, in the same manner as and significant depth of experience in such Statutes of the United States (2 U.S.C. 192 persons employed intermittently in the Gov- professions as governmental service, law en- through 194). ernment service are allowed expenses under forcement, the armed services, law, public (b) CONTRACTING.—The Commission may, administration, intelligence gathering, com- to such extent and in such amounts as are section 5703(b) of title 5, United States Code. merce (including aviation matters), and for- provided in appropriation Acts, enter into SEC. 826. SECURITY CLEARANCES FOR COMMIS- eign affairs. contracts to enable the Commission to dis- SION MEMBERS AND STAFF. (4) DEADLINE FOR APPOINTMENT.—All mem- charge its duties under this subtitle. The appropriate Federal agencies or de- bers of the Commission shall be appointed on (c) INFORMATION FROM FEDERAL AGEN- partments shall cooperate with the Commis- or before January 30, 2007. CIES.— sion in expeditiously providing to the Com- (5) INITIAL MEETING.—The Commission (1) IN GENERAL.—The Commission is au- mission members and staff appropriate secu- shall meet and begin the operations of the thorized to secure directly from any execu- rity clearances to the extent possible pursu- Commission as soon as practicable. tive department, bureau, agency, board, ant to existing procedures and requirements, (c) QUORUM; VACANCIES.—After its initial commission, office, independent establish- except that no person shall be provided with meeting, the Commission shall meet upon ment, or instrumentality of the Government, access to classified information under this the call of the chairman or a majority of its information, suggestions, estimates, and sta- subtitle without the appropriate security members. Six members of the Commission tistics for the purposes of this subtitle. Each clearances. shall constitute a quorum. Any vacancy in department, bureau, agency, board, commis- SEC. 827. REPORTS OF COMMISSION. the Commission shall not affect its powers, sion, office, independent establishment, or Not later than December 31 of each year but shall be filled in the same manner in instrumentality shall, to the extent author- after the year of enactment of this Act, the which the original appointment was made. ized by law, furnish such information, sug- Commission shall make a report to Congress (d) SENSE OF CONGRESS REGARDING AP- gestions, estimates, and statistics directly to containing such findings, conclusions, and POINTMENTS.—It is the Sense of Congress the Commission, upon request made by the recommendations for corrective measures as that each individual responsible for appoint- chairman, the chairman of any sub- have been agreed to by a majority of Com- ing a member of the Commission should se- committee created by a majority of the mission members. lect one of the individuals who previously Commission, or any member designated by a served as a member of the National Commis- majority of the Commission. SEC. 828. FUNDING. sion on Terrorist Attacks Upon the United (2) RECEIPT, HANDLING, STORAGE, AND DIS- To fulfill the purposes of this subtitle, States authorized by Public Law 107-306. SEMINATION.—Information shall only be re- $10,000,000 is authorized for each fiscal year.

VerDate Aug 31 2005 02:04 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.006 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6560 CONGRESSIONAL RECORD — HOUSE September 14, 2006 TITLE IX—FAIRNESS FOR AMERICA’S granted posthumous citizenship under this of admission violates an international treaty HEROS section. in force between the United States and that SEC. 901. SHORT TITLE. ‘‘(5) SELF-PETITIONS.—For purposes of peti- country.’’. This title may be cited as the ‘‘Fairness for tions and applications for immigration bene- SEC. 1004. BORDER PATROL TRAINING FACILITY. America’s Heros Act’’. fits required to be filed under this Act on be- The Secretary of Homeland Security shall half of a spouse, child, or parent by a citizen establish a Border Patrol training facility at SEC. 902. NATURALIZATION THROUGH COMBAT of the United States, the spouse, child, or ZONE SERVICE IN ARMED FORCES. a location that is centrally and geographi- parent shall be permitted to self-petition for Section 329 of the Immigration and Nation- cally located at United States-Mexico border such benefits as if filed by the person grant- ality Act (8 U.S.C. 1440) is amended— to assist in the training of additional Border ed posthumous citizenship under this sec- (1) by redesignating subsection (c) as sub- Patrol agents authorized under this Act or tion. Any requirement under this Act for an section (d); and any other provision of law. affidavit of support pursuant to such a peti- (2) by inserting after subsection (b) the fol- tion or application shall be waived. SEC. 1005. SENSE OF CONGRESS. lowing: ‘‘(6) NO BENEFITS FOR OTHER RELATIVES.— It is the sense of the Congress that the ‘‘(c)(1) Any person eligible under paragraph Nothing in this section or section 319(d) shall United States will not be fully secure until (3) who, while an alien or a noncitizen na- be construed as providing for any benefit we enhance border security and enforcement, tional of the United States, performs active under this Act for any relative of a person overhaul the immigration system, and take duty in the Armed Forces of the United granted posthumous citizenship under this a realistic and bipartisan approach to deal- States in a combat zone (as defined in sec- section who is not treated as a spouse, child, ing with the 12,000,000 undocumented work- tion 112(c) of the Internal Revenue Code of or parent under this subsection.’’. ers already present in the country. 1986 (26 U.S.C. 112(c))) shall be admitted to citizenship upon the completion of six SEC. 904. EFFECTIVE DATE. The amendments made by this title shall THE VOTE ON THE PREVIOUS QUESTION: WHAT months of such service or discharge or rede- IT REALLY MEANS ployment resulting from a physical or psy- take effect as if enacted on September 11, chological disability or injury, or post- 2001. This vote, the vote on whether to order the humous citizenship in the case of death.. TITLE X—MISCELLANEOUS PROVISIONS previous question on a special rule, is not merely a procedural vote. A vote against or- ‘‘(2) The executive department issuing the SEC. 1001. LOCATION AND DEPORTATION OF order for the service described in paragraph CRIMINAL ALIENS. dering the previous question is a vote against the Republican majority agenda and (1) shall, at the time of such issuance, inform (a) IN GENERAL.—The Secretary of Home- the person of the benefits available under land Security shall locate and deport all a vote to allow the opposition, at least for this subsection and of the procedure estab- aliens in the United States who are deport- the moment, to offer an alternative plan. It lished by such department for satisfying the able under section 237(a)(2) of the Immigra- is a vote about what the House should be de- requirement of paragraph (3). tion and Nationality Act (8 U.S.C. 1227(a)(2), bating. ‘‘(3) In order to be eligible for naturaliza- relating to criminal aliens), including such Mr. Clarence Cannon’s Precedents of the tion under this subsection, a person shall in- aliens who under a ‘‘catch and release’’ pol- House of Representatives (VI, 308–311), de- form the executive department issuing the icy have been apprehended and released by scribes the vote on the previous question on order for the service described in paragraph Border Patrol agents or other immigration the rule as ‘‘a motion to direct or control the (1) that the person desires to be admitted to officers pending review of their cases. consideration of the subject before the House citizenship in accordance with this sub- (b) INCREASE IN PROSECUTORS AND OTHER being made by the Member in charge.’’ To section upon the completion of six months of PERSONNEL.—There are authorized to be ap- defeat the previous question is to give the such service or discharge or redeployment propriated such sums as may be necessary to opposition a chance to decide the subject be- resulting from a physical or psychological provide for additional prosecutors and other fore the House. Cannon cites the Speaker’s disability or injury, or posthumous citizen- personnel to effect the deportation of aliens ruling of January 13, 1920, to the effect that ship in the case of death. under subsection (a). ‘‘the refusal of the House to sustain the de- mand for the previous question passes the ‘‘(4) The appropriate executive department SEC. 1002. AGREEMENTS WITH STATE AND LOCAL shall notify the Secretary of Homeland Secu- LAW ENFORCEMENT AGENCIES TO control of the resolution to the opposition’’ rity when a person has been naturalized in IDENTIFY AND TRANSFER TO FED- in order to offer an amendment. On March accordance with this subsection and of the ERAL CUSTODY CRIMINAL ALIENS. 15, 1909, a member of the majority party of- effective date of such naturalization. The Not later than one year after the date of fered a rule resolution. The House defeated Secretary of Homeland Security, not later the enactment of this Act, the Secretary of the previous question and a member of the than 30 days after receipt of such notifica- Homeland Security shall enter into written opposition rose to a parliamentary inquiry, tion, shall issue to the person a certificate of agreements under section 287(g) of the Immi- asking who was entitled to recognition. naturalization reflecting such date and any gration and Nationality Act (8 U.S.C. 1357(g)) Speaker Joseph G. Cannon (R-IIIinois) said: other information the Secretary determines with States and political subdivisions of ‘‘The previous question having been refused, to be appropriate.’’. States to train and deputize jail and prison the gentleman from New York, Mr. Fitz- gerald, who had asked the gentleman to SEC. 903. IMMIGRATION BENEFITS FOR SUR- custodial officials— VIVORS OF PERSONS GRANTED (1) to identify each individual in their cus- yield to him for an amendment, is entitled to POSTHUMOUS CITIZENSHIP tody who is a alien and who appears to be de- the first recognition.’’ THROUGH DEATH WHILE ON AC- portable under section 237(a)(2) of such Act (8 Because the vote today may look bad for TIVE-DUTY SERVICE. U.S.C. 1227(a)(2)); the Republican majority they will say ‘‘the Section 329A(e) of the Immigration and Na- (2) to contact the Department of Homeland vote on the previous question is simply a tionality Act (8 U.S.C. 1440–1(e)) is amended Security concerning each alien so identified; vote on whether to proceed to an immediate to read as follows: and vote on adopting the resolution . . . [and] ‘‘(e) BENEFITS FOR SURVIVORS.— (3) to transfer each such identified alien to has no substantive legislative or policy im- ‘‘(1) IN GENERAL.—Subject to this sub- a Federal law enforcement official for depor- plications whatsoever.’’ But that is not what section, any immigration benefit available tation proceedings. they have always said. Listen to the Repub- under Federal law to a spouse, child, or par- SEC. 1003. DENYING ADMISSION TO FOREIGN lican Leadership Manual on the Legislative ent of a citizen of the United States shall be GOVERNMENT OFFICIALS OF COUN- Process in the United States House of Rep- available to a spouse, child, or parent of a TRIES DENYING ALIEN RETURN. resentatives, (6th edition, page 135). Here’s person granted posthumous citizenship under Subsection (d) of section 243 of the Immi- how the Republicans describe the previous this section as if the person’s death had not gration and Nationality Act (8 U.S.C. 1253) is question vote in their own manual: Although occurred. amended to read as follows: it is generally not possible to amend the rule ‘‘(2) SPOUSE.—For purposes of this Act, a ‘‘(d) DENYING ADMISSION TO FOREIGN GOV- because the majority Member controlling person shall be considered a spouse of a per- ERNMENT OFFICIALS OF COUNTRIES DENYING the time will not yield for the purpose of of- son granted posthumous citizenship under ALIEN RETURN.—Whenever the Secretary of fering an amendment, the same result may this section if the person was not legally sep- Homeland Security determines that the gov- be achieved by voting down the previous arated from the citizen at the time of the ernment of a foreign country has denied or question on the rule . . . When the motion citizen’s death. unreasonably delayed accepting an alien who for the previous question is defeated, control ‘‘(3) CHILDREN.—For purposes of this Act, a is a citizen, subject, national, or resident of of the time passes to the Member who led the person shall be considered a child of a person that country after the alien has been ordered opposition to ordering the previous question. granted posthumous citizenship under this removed from the United States, the Sec- That Member, because he then controls the section if the person would have been consid- retary, in consultation with the Secretary of time, may offer an amendment to the rule, ered a child (as defined in section 101(b)(1)) State, may deny admission to any citizen, or yield for the purpose of amendment.’’ at the time of the citizen’s death. subject, national, or resident of that country Deschler’s Procedure in the U.S. House of ‘‘(4) PARENTS.—For purposes of section who has received a nonimmigrant visa pursu- Representatives, the subchapter titled 201(b)(2)(A)(i), the requirement that the cit- ant to subparagraphs (A) or (G) of section ‘‘Amending Special Rules’’ states: ‘‘a refusal izen be at least 21 years of age shall not 101(a)(15) of the Immigration and Nationality to order the previous question on such a rule apply in the case of a parent of a person Act (8 U.S.C. 1101(a)(15)), unless such denial [a special rule reported from the Committee

VerDate Aug 31 2005 04:31 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.006 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6561 on Rules] opens the resolution to amend- portunities and other rehabilitative op- ties, of course, that FPI does use in the ment and further debate.’’ (Chapter 21, sec- portunities to better prepare inmates manufacturing process are Federal tion 21.2) Section 21.3 continues: Upon rejec- for a successful return to society, to prisons and not on property tax rolls. tion of the motion for the previous question authorize alternative inmate work op- In recent years, FPI has dem- on a resolution reported from the Committee on Rules, control shifts to the Member lead- portunities in support of nonprofit or- onstrated its competitiveness by ob- ing the opposition to the previous question, ganizations and other public service taining several large, multiyear con- who may offer a proper amendment or mo- programs, and for other purposes, with tracts with the Department of Defense tion and who controls the time for debate Mr. BOOZMAN in the chair. and other Federal agencies, even thereon.’’ The Clerk read the title of the bill. though government procurement poli- Clearly, the vote on the previous question The CHAIRMAN. Pursuant to the cies have been changed to permit these on a rule does have substantive policy impli- rule, the bill is considered read the agencies to determine whether FPI cations. It is one of the only available tools first time. products meet competitive pricing and for those who oppose the Republican major- The gentleman from Wisconsin (Mr. ity’s agenda to offer an alternative plan. quality benchmarks. SENSENBRENNER) and the gentleman This legislation also helps inmates Mr. SESSIONS. Mr. Speaker, I yield from Michigan (Mr. CONYERS) each will by establishing a position of Inmate back the balance of my time, and I control 30 minutes. Work Training Administrator to create move the previous question on the res- The Chair recognizes the gentleman additional inmate work opportunities, olution. from Wisconsin. and allows FPI to create a program The SPEAKER pro tempore (Mr. Mr. SENSENBRENNER. Mr. Chair- that will allow inmates to perform jobs BOOZMAN). The question is on ordering man, I yield myself such time as I may that are being performed outside the the previous question. consume. United States. The bill also addresses The question was taken; and the Mr. Chairman, I rise in strong sup- concerns about providing meaningful Speaker pro tempore announced that port of H.R. 2965, the Federal Prison In- training for inmates by requiring FPI the ayes appeared to have it. dustries Competition and Contracting to devote some of its earnings to addi- Mr. HASTINGS of Florida. Mr. Act of 2006. This bill is substantially tional inmate vocational training, edu- Speaker, on that I demand the yeas similar to H.R. 1829, which this body cation opportunities, and release prep- and nays. passed overwhelmingly during the aration. The yeas and nays were ordered. 108th Congress by a vote of 350–65. The bill increases access to edu- The SPEAKER pro tempore. Pursu- As reported by the Judiciary Com- cational opportunities, including reme- ant to clause 8 of rule XX and the mittee, the bill includes additional bi- dial and modern, hands-on vocational Chair’s prior announcement, further partisan improvements that resulted programs which have been shown to be proceedings on this question will be from negotiations with the Justice De- effective in reducing recidivism. The postponed. partment, prison fellowship, and other bill provides alternative inmate work f interested parties. opportunities by authorizing the pro- Since my early days in the Congress, GENERAL LEAVE duction of products or services for do- I have been committed to reforming nation to community service organiza- Mr. SENSENBRENNER. Mr. Speak- Federal Prison Industries, or FPI, be- tions, and allows Federal inmates to er, I ask unanimous consent that all cause I believe the manner in which perform public service work for units Members may have 5 legislative days this program currently operates im- of local government. within which to revise and extend their poses unacceptable burdens on govern- Finally, the bill addresses concerns remarks and include extraneous mate- ment agencies, taxpayers, inmates, and about the low wages paid to inmates by rials on H.R. 2965, to be considered private sector businesses. requiring the Secretary of Labor to es- shortly. Under the current system, Federal tablish an inmate training wage in con- The SPEAKER pro tempore (Mr. SES- agencies are required by law to pur- sultation with the Attorney General SIONS). Is there objection to the request chase FPI products that meet the agen- for those performing FPI jobs. of the gentleman from Wisconsin? cies’ requirements and do not exceed Mr. Chairman, as Members of Con- There was no objection. current market prices. The mandatory gress, we have a duty to ensure that f source requirement eliminates com- government corporations do not take petition with the private sector, harm- away opportunities from small busi- FEDERAL PRISON INDUSTRIES ing businesses and stifling the creation nesses. We have a duty to ensure that COMPETITION IN CONTRACTING of new jobs for law-abiding Americans. the taxpayers’ money is wisely spent. ACT OF 2006 FPI enjoys a mandatory market for its Neither of these things can be guaran- The SPEAKER pro tempore. Pursu- goods, a facility to produce them in teed under the current FPI regime. By ant to House Resolution 997 and rule and cheap labor to manufacture them. passing this legislation we will ensure XVIII, the Chair declares the House in Despite these advantages, govern- that all Federal Government agencies the Committee of the Whole House on ment agencies frequently pay more for will have the ability to utilize taxpayer the State of the Union for the consider- FPI products than if they were pur- dollars in the most efficient manner ation of the bill, H.R. 2965. chased from the private sector. The possible, and that private industry will Government Accountability Office con- b 1132 have the right to compete with FPI for cluded in a 1988 report that ‘‘The only contracts. IN THE COMMITTEE OF THE WHOLE limitation on FPI’s price is that it may H.R. 2965 will also ensure the contin- Accordingly, the House resolved not exceed the upper end of the current ued viability of FPI, and provides itself into the Committee of the Whole market price range.’’ The GAO report many avenues for FPI to pursue alter- House on the State of the Union for the also raised questions about the timeli- native rehabilitative work and training consideration of the bill (H.R. 2965) to ness of delivery of these products and opportunities for inmates. amend title 18, United States Code, to the quality of FPI products. Mr. Chairman, I am proud of this require Federal Prison Industries to While the FPI has had serious prob- comprehensive legislation to reform compete for its contracts minimizing lems, this legislation does not seek to the Federal Prison Industries. I urge its unfair competition with private sec- eliminate it, but would reform FPI to Members to support it. tor firms and their noninmate workers require that it compete for Federal Mr. Chairman, I reserve the balance and empowering Federal agencies to Government contracts in the same of my time. get the best value for taxpayers’ dol- manner as other businesses. FPI is well Mr. CONYERS. Mr. Chairman, I yield lars, to provide a 5-year period during equipped to succeed in the competitive myself as much time as I may con- which Federal Prison Industries ad- marketplace because it is not faced sume. justs to obtaining inmate work oppor- with the same operating costs as aver- Ladies and gentlemen of the Con- tunities through other than its manda- age businesses, such as providing gress, this is a very important and sen- tory source status, to enhance inmate health insurance, retirement benefits, sitive issue that is being brought by access to remedial and vocational op- or paying union wages. And the facili- Chairman SENSENBRENNER and myself

VerDate Aug 31 2005 04:31 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.007 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6562 CONGRESSIONAL RECORD — HOUSE September 14, 2006 today in support of H.R. 2965: How do this bill represents the best thinking in When asked under oath, representa- we deal with the rehabilitation of pris- that regard. That is why this legisla- tives of these industries testified that oners and balance it against the rising tion has been endorsed by the United the FPI sales represent an insignificant unemployment that is affecting and af- Automobile Workers, the Teamsters, and negligible portion of their indus- flicting this Nation so much? the Food and Commercial Workers, the tries. At our last hearing, the office As currently drafted, this bill, to me, United Brotherhood of Carpenters, the furniture industry representative was strikes the appropriate balance be- Machinists United, and many others. I not able to point to any loss to his in- tween the needs of Federal inmates think that we finally reached the kind dustry caused by FPI. versus the needs of everyday men and of a compromise that takes both of I am the first to concede that there women looking for gainful employment these matters into consideration, how may be problems with FPI that need in the civilian workforce; and this was we deal with the problem of rising un- improvement, and we have made im- arrived at through a great deal of ac- employment in the private sector, and provements through activities in Con- tivity and negotiation with Members with the great challenge to prepare gress and the FPI board over the last 10 on both sides of the aisle. those who are coming out of incarcer- years. While it is understandable that First, the legislation establishes a ation to gain valuable vocational skills every company that does not get a con- gradual phaseout of the current man- and prepare themselves for returning tract that FPI gets may be dis- datory source requirement. As many to our society. appointed, just as they would be dis- know, the mandatory source require- I urge your serious consideration of appointed if another company got the ment compels all Federal agencies to this matter. same contract, the public safety and purchase their goods and services from Mr. Chairman, I reserve the balance institutional safety and management the Federal Prison Industries program. of my time. benefits of this program have an insig- A phaseout of this requirement will Mr. SENSENBRENNER. Mr. Chair- nificant impact on business and labor, allow private sector companies to ef- man, I reserve the balance of my time. and it is a public policy success story. All able inmates in the Federal sys- fectively compete for additional Fed- Mr. CONYERS. I yield 7 minutes to tem are required, by law, to work. Non- eral contracts, which in turn will my colleague who has worked on this FPI inmate jobs pay about $0.12 to $0.30 produce an increase in private sector matter for many years, BOBBY SCOTT, a an hour, while FPI jobs pay about $1 up jobs, many to be filled by members of distinguished member of the Judiciary to $1.15 per hour. There are currently our local labor unions across the coun- Committee from Virginia. enough FPI jobs for only 18 percent of try. Mr. SCOTT of Virginia. Mr. Chair- the work-eligible population. The other The second thing we do here is to en- man, I rise in opposition to H.R. 2965, 82 percent of the prisoners work in non- sure that the Federal inmates continue the Federal Prison Industries Competi- FPI-related maintenance jobs. to have adequate access to training op- tion in Contracting Act. In 2000, FPI jobs represented 25 per- portunities during and after the phase- The Federal Prison Industries pro- cent of the prison jobs. In recent years, out. The legislation authorizes a min- gram was signed into law by President however, because we have passed re- imum of $75 million a year for purposes Roosevelt in 1934, in the midst of the strictions like there are in this bill, of educating inmates and teaching Great Depression. This program was there are fewer jobs and that has them valuable vocational skills. This enacted as a way to protect the public caused the elimination of over 2,000 new language was added to the text of by teaching prisoners real work habits jobs at the same time that the prison the underlying bill at my request and and skills, so that when they are re- population has increased by 23,000 in- will guarantee that all Federal inmates leased, they will be better able to find mates, and it is still increasing. This are equipped with the necessary skills and hold a job to support themselves bill will shrink FPI jobs even more. to successfully reenter society upon and their families and be less likely to We need to promote, not reduce, Fed- their release from prison. commit crimes in the future. eral Prison Industries jobs because the This has been a very difficult prob- b 1145 FPI program strongly supports edu- lem in the corrections arena over the cation. To hold down an FPI job, an in- years. This is not new. It is something It is clear that the program has done mate must have completed high school, we have been working on for a long just that. Follow-up studies covering or be making steady progress towards time, and we have come to this new as much as 16 years of data have shown obtaining a GED, and maintain a good agreement that is embodied in H.R. that inmates who participate in Prison record of behavior. This is not only 2965. Industries are much more likely to be true for those who hold FPI jobs but And, finally, to protect against in- employed and much less likely to com- also those who are on the waiting list mate idleness and assure that the safe- mit crimes than prisoners who do not for a job, as well as those seeking to es- ty of prison guards is intact, the legis- participate in the program. While this tablish eligibility to be placed on the lation includes what has been referred certainly benefits offenders and their waiting list; and once in an FPI job, an to as a safety valve. The safety valve families, the real public policy benefit inmate cannot earn more than $0.40 an would allow the Attorney General to is that, as a result of this program, hour until he earns a GED. That is why direct the award of a sole-source con- there are fewer victims of crime. FPI is not only a great job skills devel- tract to the Federal Prison Industries Contrary to the indication given by opment and education development whenever necessary to, ‘‘prevent cir- the proponents of this bill, the FPI pro- tool, but it is also a great management cumstances that could reasonably be gram does not have a significant im- tool to help ensure prisons operate effi- expected to significantly endanger the pact on business and labor. In its first ciently and safely for prison employees safe and effective administration’’ of a year of operation, the percent of Fed- as well as inmates. I have never met a particular prison. eral contract procurement from FPI prison administrator who does not sup- Now, we all know that the job mar- represented one-fourth of 1 percent of port this program. ket, and the economy as a whole for total annual Federal agency procure- Few offenders enter the program that matter, have not fared well under ment dollars; and it is the same today, with marketable work skills. The vast the current administration. In Michi- one-fourth of 1 percent, and this is just majority do not even have basic work gan alone the State’s unemployment Federal procurement. It is obviously a habits, such as showing up for work on rate is roughly 7 percent, but in some minuscule portion of the total econ- time each day and working coopera- areas it is 5 or 6 times that much, omy. tively and productively with others. which, as of this summer, tied Michi- Critics, who were philosophically op- Such work habits are required to main- gan’s unemployment rate for the sec- posed to the program back in the 1930s tain an FPI job. These are the same ond highest in the Nation. and they are still opposed today, sug- work habits required to be a good, pro- Something has to be done to help gest that FPI has caused substantial ductive, desirable worker anywhere, these hardworking men and women ob- losses in jobs for law-abiding citizens. and that is why inmates who have FPI tain jobs in the private sector and yet The furniture and apparel industries work experience have been found to be continue the support for Prison Indus- are the two industries in which FPI has significantly more employable than tries which has worked so well, and traditionally done most of its work. those that do not.

VerDate Aug 31 2005 02:04 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.025 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6563 I oppose this bill because it will obvi- only the author of this bill because in Mr. HOEKSTRA. Mr. Chairman, I ously reduce job opportunities. The bill all the other things that the chairman will reclaim my time. I am sure Mr. amends the current requirement in law of Judiciary Committee is working on SCOTT is going to have a little bit more for agencies to purchase goods from he has given me the opportunity to time. FPI and establishes a competitive bid lead on this issue. If I could complete my statement, I process for agency purchases of goods But I very much appreciate the work recognize the difference, but I would and services from FPI, unless the At- that we have done with Mr. CONYERS as hope that folks on both sides would torney General and the Bureau of Pris- well. It has been a very, very effective recognize the tremendous effort that ons certify that they cannot safely run group. we have put in bringing together a lot the prisons without the particular con- Mr. CONYERS. Mr. Chairman, will of different folks to address the issues, tract award. It is unrealistic to expect the gentleman yield? both from the workers and the indus- that any official would publicly admit Mr. HOEKSTRA. I yield to the gen- tries that may be affected, but also the such a level of incompetence in order tleman from the great State of Michi- individuals in the prisons. to obtain a contract, so it is unlikely gan. This effort is also supported by Pris- that that provision will ever be used. Mr. CONYERS. Mr. Chairman, I want on Fellowship, that has a very great The bill claims to make an effort to to thank Mr. HOEKSTRA personally for passion for making sure that people replace mandatory source and service the great work that he has done, not who have found their way into our pris- contracts by providing a transition just on this bill but earlier bills as on systems, that when they come out, preference program for agencies using well. This is not a subject on which you that they have developed the skills FPI, by authorizing new options such have just jumped onboard. I appreciate, that have enabled them to integrate ef- as providing products or services to across the years, our working together fectively back into society. charitable and nonprofit organizations on it. I think, with the support that we contingent on appropriations, by allow- Mr. HOEKSTRA. Well, thank you have developed, it is a clear indication ing FPI to provide services and prod- very much, and it is because of this that this is a well-balanced approach ucts to Federal agencies on a non- kind of cooperation. between those competing interests. competitive basis if they would other- My objective is still to get our other I will close with my comments. It is wise be provided from offshore, and by colleague over there, Mr. SCOTT, on- just good to be able to stand here on authorizing work training programs for board. We have evolved this bill a long this bill, to be able to work with the FPI to produce goods and services for way to try to get Mr. SCOTT to be on- chairman and to be able to work across private companies if the goods and board in terms of the phase-in and the aisle and to take a look at the con- services are not produced anywhere in phase-out of the provisions of this bill, sensus that we have developed on this the United States. the number of other work opportuni- bill. It is how the House should work. However, there is no basis for con- ties that we have put into this bill, the I encourage my colleagues to support cluding that these authorities would opportunities to work with not-for- this bill that has come through the Ju- replace the loss of jobs now available profits and those types of things, but diciary Committee. Let us move this and legally sanctioned, and it is un- we are not quite there yet. Are we forward and let us work together to get likely to suspect that the appropria- there? something done in the Senate as well. tions would be made or that the job Mr. SCOTT of Virginia. Mr. Chair- Mr. Chairman, H.R. 1965, the Hoekstra- training programs will be sufficient be- man, will the gentleman yield? Frank-Maloney-Sensenbrenner-Conyers-Coble cause most of the job training pro- Mr. HOEKSTRA. I yield to the gen- Federal Prison Industries Competition in Con- grams are 2 years at most. Obviously, tleman from Virginia. tracting Act of 2006 will bring fundamental, people with longer sentences cannot Mr. SCOTT of Virginia. Mr. Chair- comprehensive, and balanced reform to Fed- benefit from that. man, I thank the gentleman for yield- eral Prison Industries, Inc. (FPI). So before we decimate what the De- ing. Because of FPI’s status as a mandatory partment of Justice defines as the most I would tell my friend from Michigan source, non-inmate workers and the firms that important rehabilitation program, that you would get my support if you employ them are completely precluded from without a reliable replacement for just guaranteed that the jobs would be having the opportunity to even bid on $800 those jobs, I believe we should direct a there. We need people working on these million in Federal contracting opportunities. comprehensive study of its impact on jobs. If they are working on jobs, there Non-inmate workers and the firm’s that employ labor and business and its beneficial will be less crime. So anything that them are denied the job opportunities funded impact on public safety before we do will guarantee the jobs I can support. by their tax dollars. anything else. Mr. HOEKSTRA. Reclaiming my That is why the bill is supported by a broad In the face of all the good that this time, I think the bill allows the Attor- Coalition of business groups, led by the U.S. program does, I do not believe that we ney General and gives the Attorney Chamber of Commerce NFIB, and NAM. That should throw the baby out with the General the responsibility to make is why the bill is concurrently supported by bath water. Mr. Chairman, I would sure that the Attorney General can many unions in organized labor including the hope that we would defeat the bill and take the actions necessary to keep Teamsters, UAW, UNITE-HERE, Machinists, we maintain these jobs. prisons safe and to allow workers or Carpenters, and UFCW. Mr. SENSENBRENNER. Mr. Chair- prisoners to get the skills that they Because of FPI’s mandatory source status, man, I yield 4 minutes to the gen- need. FPI’s captive Federal agency customers can- tleman from Michigan (Mr. HOEKSTRA), We have put together a very, very not get the best value for the taxpayer dollars the author of the bill. good coalition, the business groups, the entrusted to their care. That is why H.R. 1829 Mr. HOEKSTRA. Mr. Chairman, I Teamsters, the organized labor, UAW, enjoys the support of federal managers rep- would like to thank the chairman of UNITE-HERE, Machinists, Carpenters resented by the Federal Managers Associa- the Judiciary Committee, as well as and a lot of other folks. tion. the ranking member of the committee, Mr. CONYERS. Mr. Chairman, if the The justification for FPI’s mandatory source for the great work that we have been gentleman would yield to just allow me status is that inmate work opportunities helps able to do together and the support this, because I think what the gen- combat idleness and better prepares inmates that I have gotten from various indi- tleman from Virginia raised is a very for a successful return to society. Neither of viduals, as well as Mr. FRANK, Mr. important point, somebody better those cited benefits are linked to the corrosive COBLE, Mrs. MALONEY. We have put to- guarantee me the jobs, too, because manner in which FPI is currently permitted to gether a very effective bipartisan team that is what this is all about. We are operate in the Federal market. to work on this issue. not just writing language to go into Frequently cited is the statistic that inmates My colleague from Wisconsin calls the law books. We want some action, participating in prison industry program are me the Johnny-come-lately to this and I do not know who gives out guar- 24% less likely to return to prison. That finding issue, and he was working on this well antees around here, but I will be the is drawn from the report on a multi-year study before I did. I feel honored to have him first one in line to get it. I am glad by the Federal Bureau of Prisons, the Post- call me the author of this bill, and I am that that is your position as well. Release Employment Project (PREP). What

VerDate Aug 31 2005 04:36 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00027 Fmt 4634 Sfmt 9920 E:\CR\FM\K14SE7.026 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6564 CONGRESSIONAL RECORD — HOUSE September 14, 2006 the proponents of the status quo forget to Mr. Chairman, this body has delib- protect jobs of American workers. FPI mention is that the same PREP study dem- erated the role of Federal Prison Indus- will no longer be able to come in and onstrated that inmates participating in remedial tries for several years. In 2003, the arbitrarily announce that they are tak- and vocational educational programs were 33 House approved a version of the vote ing their work, their contracts away, percent less likely to return to prison. Such by a decisive vote, and while that bill which happened to my constituents. programs better prepare inmates for a suc- was not enacted, the House Judiciary Like many in this Chamber, I came cessful return to society, but FPI does not use Committee has continued to deliberate to this issue from a problem created by one dime of its gross profits, which were $117 on reforming FPI. FPI. FPI was about to take the con- million in Fiscal Year 2004, to fund such edu- tract that Glamour Glove, a manufac- b 1200 cational programs. No, those gross profits are turer in my district, had won from the devoted exclusively to FPI’s expansion. I want to applaud the diligence of Department of Defense on a competi- Thanks to the work of my friend from Michi- Chairman SENSENBRENNER and Chair- tive basis. Glamour Glove, now called gan (Mr. CONYERS) and my friend from Massa- man HOEKSTRA, the distinguished gen- Glove Street, was the last union shop chusetts (Mr. FRANK) the bill expands the op- tleman from Michigan (Mr. CONYERS), glove manufacturer in New York, and portunities for Federal inmates to participate in the ranking member of the full com- its proud members are members of remedial and modern hands-on vocational mittee, and even though my good UNITE. training programs. Those that are more likely friend from Tidewater, Virginia, is mis- Working with my friend from Michi- to reduce recidivism. guided on this bill, we continue to be gan, Mr. HOEKSTRA, and the leadership Similarly, the H.R. 2965 provides alternative good friends. We have all worked to- of UNITE, we were able to persuade the work opportunities for inmate by authorizing gether, and I think it is a good bill. FPI board to change its plans. I know them to do work for non-profit entities and I supported FPI reform in 2003, Mr. that my constituents were wondering units of local governments and special pur- Chairman. While I still support this re- why they had to seek the mercy of six pose districts, like school districts. form today, I am pleased with the people in Washington and the FPI During the Committee’s consideration of the changes in the bill to ensure that FPI board of directors to maintain their bill a Work-based Employment Preparation will not be discouraged by its imple- jobs. Program for Federal inmates. This program mentation of the bill before us. I have Out of that experience, Mr. HOEKSTRA will provide Federal inmates with always argued that the sole source rule and I began working together to put FPI’s current model’s cause real problems. was really not justified and worked in- forward an opportunity for American H.R. 2965 provides the fundamental, com- evitably to the detriment of the pri- workers to compete for these jobs. prehensive, and balanced solutions. vate sector. Each year, the bill has been modified I urge my colleagues to support our bill. Office furniture is an enormous busi- to provide alternative rehab work op- Mr. CONYERS. Mr. Chairman, I am ness, as we all know. H.R. 2965 will bal- pleased to yield 2 minutes to the gen- portunities for Federal inmates, and I ance the playing field in the market for congratulate Mr. FRANK for his leader- tleman from Illinois (Mr. DAVIS), my supply furniture to the Federal Gov- friend and colleague, who has worked ship and Mr. CONYERS on the amend- ernment. Furniture manufacturing is ments they have added to improve the on this area for a long time. an economic engine in the Sixth Dis- Mr. DAVIS of Illinois. Mr. Chairman, bill. trict of North Carolina, which I rep- I appreciate the work that the Judici- From the outset of our effort, Mr. FRANK led resent, and would welcome the oppor- ary Committee has spent dealing with our effort to find alternative-inmate work tunity to compete with FPI. this very difficult and complex issue, opporunties for Federal inmates that would not Mr. Chairman, recidivism in our Fed- and I want to thank the gentleman provide unfair competition with non-inmate eral penitentiaries is of grave concern. from Michigan for yielding. workers. First, by doing public service work for H.R. 2965, it appears to me, should not All of us know that one of the biggest non-profit organizations that serve the poor. be construed as a movement away from problems facing inmates when they get This first step has been broadened in each inmate training. And, finally, the Sec- out of prison is the ability to get a job. succeeding year. ond Chance Act, which Mr. SCOTT and I The best way that you can convince a In the last Congress, we granted authority have nurtured through the House Judi- potential employer that you under- for Federal inmates to provide work in support ciary Committee, is another example stand the world of work is that you of units of local government and special pur- of this new trend regarding incarcer- have been working. Therefore, this pro- pose districts, such as school districts. Protec- ation and, of course, that bill will be gram which provides inmates an oppor- tions were included against any displacement examined at a subsequent date. tunity to work needs all of the protec- of non-inmate workers, either public employ- Mr. CONYERS. Mr. Chairman, I tion that it can possibly get. ees or private sector. I agree that we need to change some would like at this time to recognize the During the Committee’s consideration H.R. things about it. I would agree that we gentlewoman from New York (Mrs. 2965, they added a Work-based Employment need to find a way to pay the inmates MALONEY) for 2 minutes. Preparation Program for Federal inmates. This more, especially as they get close to re- (Mrs. MALONEY asked and was given program will provide Federal inmates with ac- lease time so that maybe when they permission to revise and extend her re- cess to work-based training under the get out, they have got a little bit of marks.) tuteledge of real-world employers. Again, the money in their pocket that they can Mrs. MALONEY. Mr. Chairman, I new provision has clear and enforceable pro- get started with back in civilian life. thank the gentleman for yielding and tections against unfair competition with non-in- But to do anything that would reduce for leading so strongly on this impor- mate workers and the firms that employ them. the possibility of individuals working tant issue, and I rise in strong support When H.R. 2965 is enacted into law, work- while they are incarcerated goes of H.R. 2965, of which I have been a lead ing men and women, who perform contracts against the grain. It does not benefit sponsor in many prior Congresses. for the Federal Government will no longer our correctional system. It does not This bill will bring comprehensive, have to be concerned that FPI will simply be benefit our correctional institutions. fundamental, and balanced reform to able to take their work opportunities. They will I spend time in the Federal prisons, the Federal Prison Industries, which is have a chance to bid on the Federal contracts and every administrator that I have long overdue. This bill before us re- that are funded by their tax dollars. come into contact with supports this flects improvements upon the bill in I look forward to this debate. The pro- program and wants to see it expanded, the 108th Congress, which passed 350–65. ponents are on the right side and have the not reduced or possibly eliminated. At the core of the bill is providing ac- strong support of the business community and I again thank the gentleman from cess to the Federal contract opportuni- organized labor, as well as federal managers, Michigan. ties, now reserved for FPI because of represented by the Federal Managers Asso- Mr. SENSENBRENNER. Mr. Chair- its status as a mandatory source of ciation. man, I yield 3 minutes to the gen- supply for the various Federal agen- Mr. CONYERS. Mr. Chairman, I yield tleman from North Carolina (Mr. cies. In fiscal year 2004, that amounted 1 minute to my friend and brother, the COBLE). to $802 million in business opportuni- gentleman from Virginia (Mr. SCOTT). Mr. COBLE. Mr. Chairman, I thank ties upon which private sector firms Mr. SCOTT of Virginia. Mr. Chair- the chairman for yielding. had no opportunity to bid. It will also man, I appreciate Mr. CONYERS giving

VerDate Aug 31 2005 04:31 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.009 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6565 me the opportunity to respond to my which the prison products exist is at amount. But there is, to some extent, a friend from North Carolina, who sug- the low-wage level, how do we tell low- replacement of prison jobs and private gested that I was misguided by oppos- wage workers they are going to lose sector jobs. ing the bill. Perhaps I am misguided, their jobs because of prisoners? How do Mr. SCOTT of Virginia. Mr. Chair- because the bill increases crime and I you tell people who have been hard- man, will the gentleman yield? am trying to reduce crime. working people trying to support them- Mr. FRANK of Massachusetts. I yield We know that increasing jobs will re- selves and their families that prisoners to the gentleman from Virginia. duce crime. This bill, we know, reduces are taking their jobs because of the in- Mr. SCOTT of Virginia. First of all, jobs. The goal of FPI has been tradi- herent subsidy that is involved? we will work together on the funding, tionally for 25 percent of the jobs to be Now, the way to resolve that, it no question about that. Furthermore, FPI jobs. As a result of the initiatives seems to me, is to leave the market, to there is not a one-to-one replacement. in this bill, many of which were en- the extent that we can, to people who You have about four people in prison acted in 2001, the percentage of jobs has are in the market, in the private sec- working on what would otherwise be gone from 25 to 18, 2,000 fewer jobs. And tor; and try, as the gentleman from one job. if we had maintained the 25 percent, Michigan said, as we try in this legisla- Mr. FRANK of Massachusetts. Well, there would be 9,000 more people work- tion, to increase the extent to which then I would say this. Then that fur- ing in FPI jobs, with a much lower prisoners can be employed and learn thers reinforces the point. Because what you are then saying is the under- chance of getting into trouble when skills and make products that will be payment, the subsidy element is such they are released. distributed to the nonmarket segment. that you are still losing private sector This reduction in jobs will increase And there is no loss there. Again, the jobs to prison jobs. crime. Maybe opposing an increase in marketing is not part of the prison ex- crime is misguided, but I think we And I would say to the gentleman, perience and shouldn’t be. let us end on a note of approval. Yes, I ought to reguide ourselves and support So it is entirely possible to have pris- look forward to working with the gen- those initiatives, which will actually oners learning skills, improving their tleman for better funding, and if things reduce crime, not increase crime, as skills by producing things that can this bill does. go well in November it will be easier then be distributed to a nonmarket than it has been. Mr. CONYERS. Mr. Chairman, I yield segment. But the fundamental prin- myself 1 minute to point out that this Mr. SENSENBRENNER. Mr. Chair- ciple that we should not allow prison man, I yield 1 minute to the gentleman bill does not increase crime because we labor to take jobs away from hard- have got a vocational educational from Minnesota (Mr. GUTKNECHT). working people, particularly at the training program for inmates that will Mr. GUTKNECHT. Mr. Chairman, I low-wage level, is at the core of this prepare them not only in vocational thank the chairman of the committee bill. skills but prepare them as a whole per- for yielding time. Mr. CONYERS. Mr. Chairman, I I rise in opposition to this bill. Now, son. would yield 1 minute more, this is very So to say that we are increasing I represent two prisons in my district, unusual, but I will yield 1 minute more crime because we are phasing out this and grandma used to say that idle to Mr. SCOTT. Federal Prison Industries program is hands are the devil’s workshop. We Mr. SCOTT of Virginia. Mr. Chair- not exactly accurate. Besides, there is have to find ways to keep these people man, I thank the gentleman for yield- a not-for-profit section that we are busy; but, more importantly, we have ing, because, as I indicated, as a result going to ramp up. Local governments, to give them real job skills. of the initiatives that are in this bill, school districts, and religious organiza- Now, I understand that in some cases we have already lost thousands of jobs. tions will all be able to benefit under this may be taking jobs away from the And if we had had the law as it was in this new provision to create more jobs. private sector, but that is very rare, And so I just want to guarantee ev- 2000, we would have about 9,000 more Members. Mostly what we are doing in erybody, and particularly my friend people working. those prisons today are jobs that either from Virginia, that if this doesn’t cre- The gentleman from Massachusetts aren’t done in the United States much ate more jobs, then I want to change has said there are other alternatives. If any more, or they are jobs that nobody the law myself. But to predict that this we were guaranteed funding for that, I wants. And we need to keep these guys is what we are doing is not exactly ac- would support it. The problem is that busy. We need to give them some job curate. the FPI pays for itself, so it doesn’t skills. And I am afraid we are going to Mr. Chairman, I yield 2 minutes to need appropriation. If we can guar- throw this baby out with the bath the gentleman from Massachusetts antee the funding, there wouldn’t be water today. (Mr. FRANK). any debate on this. The job training Now, it may well be that we have to Mr. FRANK of Massachusetts. Mr. also may not have funding. So we don’t reform the Federal Prison Industries a Chairman, I thank the ranking mem- know that that is going to take place. bit. And I hear the talk about, well, we ber, and I speak strongly in support of So there is no guarantee. can find $75 million for job training this bill. I have not yet had anyone ex- The problem with this approach is programs. Maybe that is true. But in plain to me why it is our strong policy that there is no guarantee for funding. the middle are these folks who are to ban the products of prison labor that The FPI program pays for itself, and working in the Federal Prison Indus- come over in trade, but we then en- has been paying for itself for over 70 tries in my district who are earning a courage them to compete with Amer- years. It works well. We know it works, little bit of money, who are making a ican workers if it is domestic prison and the replacements are just specula- difference, and are providing products labor. tive. that the United States military needs. I agree it is a good idea for inmates Mr. CONYERS. Mr. Chairman, I yield Mr. Chairman, I rise to speak in opposition to have work opportunities, but I am 1 minute to the gentleman from Massa- to this legislation. I represent a number of em- hoping that marketing is not one of chusetts. ployees and inmates at the Federal Correc- those things in which prisoners engage. Mr. FRANK of Massachusetts. My tional Institution in Waseca, Minnesota, and That is, it is the actual process of mak- problem with my friend from Virginia’s they have a vested interest in this matter. ing the product that has its rehabilita- argument, well, there are two; first of Federal Prison Industries employs approxi- tive effect. And as the gentleman from all, if there are 9,000 fewer jobs in Pris- mately 200 inmates in Waseca. The jobs they Michigan just mentioned, it is the in- on Industries, that means there are have give these inmates real-life skills that tention of many of us to increase the 9,000 more jobs in the private sector. offer opportunity for rehabilitation and a extent to which prisoners could be used So the second point is that he con- chance at success when they leave prison. to make products that could be distrib- cedes that if we funded this it wouldn’t The program is carefully overseen by trained uted to various entities in our society be a problem. Well, rather than put the prison employees. in a way that wouldn’t be competitive burden on lower-wage working people Mr. Chairman, changes might be necessary with the market. in the garment industry, the furniture to improve the FPI program, but I am not con- But I do not understand how you tell industry, et cetera, then let us work to vinced that the legislation before us accom- low-wage workers, because the level at get the funding. It is not a huge plishes that. H.R. 2965 would authorize a $75

VerDate Aug 31 2005 02:04 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00029 Fmt 4634 Sfmt 9920 E:\CR\FM\K14SE7.030 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6566 CONGRESSIONAL RECORD — HOUSE September 14, 2006 million work-based training program to replace building. Through the General Services Ad- Winston Churchill said one of the best tests FPI. The likelihood that Congress will not ap- ministration, it solicited bids for the contract. of whether we are truly a civilized people is propriate these dollars threatens to make a On April 16, 2003, Steelcase (which is a major the temper, the mood of the public in regard bad situation worse. Stresses on our federal office furniture manufacturer based in my dis- to the treatment of crime and criminals. budget could lead to a worse-case scenario of trict) submitted its final bid for this contract to I like to think of myself as a compassionate having no education or job training program at the GSA. A week later, Steelcase was in- conservative. I’ve had the chance to work with all for these inmates. formed by GSA that they were likely the win- prisoners. Before I was elected, I was involved Many products made by FPI are used by ning bid on the contract. On May 7, they were in a program at Lorton Prison called ‘‘Man to our armed forces, and very few of these prod- informed by GSA that FPI had copied the pro- Man’’ where we would meet with and counsel ucts are made by U.S. companies who make posal word for word and exactly matched the inmates. Knowing what this bill could do in these products. In fact, the private sector com- Steelcase’s bid. FPI asserted its sole source terms of prison work opportunities, I think this panies who procure them already make their authority and decided not to grant a waiver for bill should be defeated. purchases from foreign manufacturers, not this contract. This was completely unfair as You cannot put a man in prison for years U.S. companies. Steelcase had spent over 1,000 man hours and expect him to be rehabilitated without Mr. Chairman, the existing FPI program and hundreds of thousands of dollars pre- work. The Bible says, ‘‘Remember the pris- works well. This is a classic case of Congress paring the design, construction schedule, labor oner as though in prison with them.’’ trying to fix something that is not broken. I and material costs and other elements of this Currently, FPI is a self-supporting govern- ment program that provides job skills opportu- urge my colleagues to oppose this legislation bid, only to have FPI duplicate the offer and nities to federal Bureau of Prisons (BOP) in- and to work to improve the FPI program for in- undercut them. Thankfully, FPI eventually re- mates by producing products and services for mates and small businesses alike. lented after considerable political pressure federal agencies. The FPI prison inmate work Mr. SENSENBRENNER. Mr. Chair- was brought to bear by myself and others. man, I yield myself 1 minute. We cannot continue to fight these kinds of program fosters BOP prison safety by helping Mr. Chairman, it is pretty hard for situations on a case-by-case basis. That is to keep thousands of prison inmates produc- somebody in the private sector that why I support comprehensive FPI reform. If tively occupied in labor-intensive work activi- pays taxes on their manufacturing FPI can compete on quality and price, then ties and furthers BOP prisoner rehabilitation equipment, that pays property taxes on great! Let me note that the bill does not alter by providing prison inmates with opportunities the building that is used to house the a broad array of other advantages that FPI en- to develop job skills that will allow them to re- manufacturing equipment, that pays joys when it competes with private-sector enter our communities as productive, law-abid- their employees a decent wage, that firms, including extremely low wage rates, low ing citizens. This bill would make it difficult to operate a takes out Social Security and State overhead costs and no tax liability. But the prison. Inmates without work who are idle are and Federal income taxes and, hope- current mandatory source privilege is anath- prisoners that are going to later come back fully, provides benefits, including ema to principles of the free market and open health care benefits, to compete and commit a crime. Prisoners that participate enterprise. in the FPI program have a 24 percent lower against those who are working in the I commend my colleague, Mr. HOEKSTRA, for recidivism rate than prisoners who are not in prison where the taxpayers pay for the his steadfast dedication to addressing this medical benefits, the taxpayers pay for the program. problem and for working with all the interested This bill also has major budget impacts. To the room and board, and the land and stakeholders. I urge everyone to support this those on my side of the aisle who talk about the prison is completely tax exempt. bill. Now, the gentleman from Minnesota balancing the budget, the cost of this bill over Mr. WOLF. Mr. Chairman, I rise in opposi- 5 years will be $500 million. In an era of lim- says that what FPI provides is bought tion to the bill. Before I make some comments, ited discretionary funding, I have to ask: does by the Department of Defense. What let me say I have great respect for the gen- it make sense to replace the self-sustaining this bill does is to provide the same re- tleman from Michigan (Mr. HOEKSTRA). He is a FPI program with an alternative work program forms that were provided a few years good person. But I do not believe this ap- that would cost hundreds of millions a year, earlier with FPI contracting with the proach is the way to go. without considering any additional staffing Department of Defense. The gentleman I appreciate the hard work of Mr. HOEKSTRA needs that would arise from a loss of FPI from Minnesota says it has worked and his staff in trying to develop a bill that ad- jobs? with the Department of Defense. What dresses concerns raised by myself and others, The FPI program provides those incarcer- we want to do is to have it work with including the Justice Department. And while I ated with a unique opportunity to learn dis- every other Federal agency as success- appreciate his genuine efforts to address the cipline, responsibility, and job skills needed to fully as it has done with the Depart- issue of providing additional opportunities for re-enter society. We should be supporting ment of Defense. inmates, I remain concerned that the alter- these prisoners as they serve their time and Mr. EHLERS. Mr. Chairman, I rise in strong natives provided in this proposal will not be seek to make the transition back into society, support of H.R. 2965. This bill restores a mod- enough to replace the mandatory source au- not undercutting one of the most important icum of sense to our current government pro- thority currently relied upon by Federal Prison programs offered by the prison system to help curement system. Industries (FPI). them do so. I am very concerned that the bill Let me highlight two important aspects of H.R. 2965 would decimate the FPI program before us does not set up an alternative sys- this bill. One, the bill helps federal agencies by eliminating the mandatory source pref- tem that can ensure FPI will be able to con- manage taxpayer dollars more responsibly. erence without an adequate replacement. tinue offering inmate work and training oppor- For the first time, private-sector firms will be Mandatory source preferences account for the tunities in the future. free to bid on federal contracting opportunities majority of inmate jobs in the program. In the last four years, the percentage of in- currently reserved for Federal Prison Indus- I also want to acknowledge Mr. HOEKSTRA’s mates able to participate in FPI has plum- tries. To assure that a buying agency is get- efforts to work with the Justice Department to meted from 25 percent to 17 percent, with the ting adequate value for the taxpayer dollars craft a workable alternative to the currert man- BOP estimating a continued decline if this leg- being spent on clothing, textiles, electronics, datory source authority that is responsible for islation passes. That is the key. There is no office furniture, equipment, services, or other many of jobs currently available through FPI. alternative system for ensuring there will con- procurement items, the buying agency—rather While there have been a number of changes tinue to be jobs if these reforms are imple- than FPI—would be empowered to determine from the proposal that was considered during mented. That would be tragic. whether the offered product and delivery the last Congress, the Department of Justice If this bill is not amended, I believe, and I schedule meet the buying agency’s needs. has stated that they cannot support this bill in may be wrong, that this bill, as surely as the Similarly, the buying agency would be empow- the current form. night follows the day, will make it very difficult ered to determine whether FPI’s offered price The Department of Justice calls FPI ‘‘the to operate prisons. With the opportunity to meets the procurement standard for a ‘‘fair Department’s most important correctional work comes the chance to restore dignity. and reasonable price.’’ management tool.’’ DOJ has a fiduciary rela- Later, I am offering a commonsense amend- Two, the bill is eminently more fair to con- tionship in running these prisons and I cer- ment with my colleagues Messrs. LUNGREN, tractors. Let me give you one example of the tainly wish they had been stronger in articu- CHABOT and SCOTT that would simply post- egregiously unfair practices under the current lating their concerns. However, the fact re- pone the mandatory source phase-out for one system. Back in 2003, the FAA was seeking to mains that the bill before us does not have year if the FPI prisoner enrollment falls below procure office furniture for its headquarters their support. the current level of 17 percent.

VerDate Aug 31 2005 02:04 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00030 Fmt 4634 Sfmt 9920 E:\CR\FM\A14SE7.011 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6567 In a time of low national unemployment, it is ify the work-based program newly established The Acting CHAIRMAN (Mr. hard to believe that we are about to make it in Section 17 of this legislation. As previously GILLMOR). All time for general debate harder for incarcerated Americans to learn dis- drafted, the ‘‘heart’’ of the wage provision of has expired. cipline, responsibility, and job skills that work- the work-based program was only an alter- Pursuant to the rule, the committee ing develops. native to a scenario where the Secretary of amendment in the nature of a sub- I urge my colleagues to vote against this un- Labor—at her discretion—would promulgate stitute printed in the bill shall be con- derlying bill and for the Lungren-Chabot-Wolf- an inmate training wage. If the Secretary fails sidered as an original bill for the pur- Scott amendment. to do so within 180 days, she would be able pose of amendment under the 5-minute Mr. MANZULLO. Mr. Chairman, Federal to prescribe an interim training wage that is no rule and shall be considered read. Prison Industries takes jobs away from law- less than 50% of the prevailing federal min- The text of the committee amend- abiding citizens of this nation. Many people imum wage—a provision that, in and of itself, ment in the nature of a substitute is as are concerned about their future job security is conditional. follows: or where their next job will come from. If it is I was elected to Congress in 1991, and I H.R. 2965 within one of the more than 250 industries FPI have continually stressed the importance of SECTION 1. SHORT TITLE; TABLE OF CONTENTS. already is in, watch out! providing individuals, who have paid their debt (a) SHORT TITLE.—This Act may be cited as We all understand the need to control a po- to society, a realistic opportunity to transition the ‘‘Federal Prison Industries Competition in tentially violent prison population. This bill from federal prison back into the community. Contracting Act of 2006’’. points to a better way to train prisoners for The truth is that the current system, sets them (b) TABLE OF CONTENTS.—The table of con- real jobs in the outside world than to have up for failure. By turning them out on the tents for this Act is as follows: them unfairly compete against small busi- street without a dime in their pocket many of Sec. 1 Short title; table of contents. nesses for the precious few contracts with the the individuals who are fortunate enough to Sec. 2. Governmentwide procurement policy re- Federal Government. It will also allow FPI to lating to purchases from Federal make it out of the system will start ‘‘in the Prison Industries. manufacture products that are no longer made red.’’ Already faced with the pressing need to Sec. 3. Public participation regarding expan- in America and to also perform work in sup- provide for food, shelter, and healthcare, with sion proposals by Federal Prison port of non-profits such as Habitat for Human- no money in their pockets they are left with Industries. ity. few alternatives to pay for baby formula, HIV Sec. 4. Transitional mandatory source author- The jobs of law-abiding citizens—the forgot- medication, a hot meal for one night, or even ity. ten Americans—who get up every day, dress a place to stay. Sec. 5. Authority to perform as a Federal sub- their kids for school, and set off for a long For these reasons, during the 108th Con- contractor. hard day of work should not be sacrificed for Sec. 6. Inmate wages and deductions. gress, my language was accepted to establish Sec. 7. Clarifying amendment relating to serv- convicted felons. The unintended and indirect a $2.50 minimum wage ‘‘floor’’ to eradicate the ices. message from FPI to the forgotten American severe economic disparities created by the ex- Sec. 8. Conforming amendment. is that if you want a job, commit a crime. isting wage scale, which spans from $0.23 to Sec. 9. Rules of construction relating to chapter That’s not the American way! Some of my a mere $1.15 per hour for inmates whose term 307. small business constituents from northern Illi- of imprisonment will expire within 2 years. I Sec. 10. Providing additional rehabilitative op- nois have had difficulty in selling to the Fed- thank my colleagues for retaining this impor- portunities for inmates. eral Government because of the unfair com- Sec. 11. Re-entry employment preparation tant language, because it takes a good first through work-based training and petition from FPI. step toward providing a realistic and livable apprenticeship. I support H.R. 2965 because it will simply economic base for individuals reentering the Sec. 12. Restructuring the Board of Directors. require that FPI compete like every other busi- community from the federal system. Sec. 13. Providing additional management flexi- ness for contracts with the Federal Govern- By and large, the individuals for whom I bility to Federal Prison Industries ment. FPI already has many advantages off make my most passionate appeals are those operations. the bat, such as a captive below minimum who deserve a second chance—those who did Sec. 14. Transitional personnel management authority. wage work force and no health care, worker’s not commit heinous and violent crimes and compensation or other benefits to pay for. Sec. 15. Federal Prison Industries report to who have truly paid their debt to society. In Congress. Even with these advantages, small businesses the real world, individuals who reenter the Sec. 16. Definitions. still believe they can beat FPI because various community from incarceration already have Sec. 17. Implementing regulations and proce- government agencies have long complained families who depend upon them and they dures. about the quality and timeliness of delivery of have no job waiting for them. To further exac- Sec. 18. Rules of construction. products from FPI. erbate this situation, many employers will out- Sec. 19. Effective date and applicability. Mr. Chairman, let’s allow small businesses right reject their application for a job once they Sec. 20. Clerical amendments. to compete against FPI. We should convey SEC. 2. GOVERNMENTWIDE PROCUREMENT POL- discover that an applicant has a criminal ICY RELATING TO PURCHASES FROM the message to the forgotten American that if record. FEDERAL PRISON INDUSTRIES. you play by the rules, you have a fair shot at Nevertheless, the work-based program es- Section 4124 of title 18, United States Code, is all the opportunities this society has to offer. tablished in this bill makes a good effort to amended to read as follows: Convicted felons should not receive better help these individuals by giving them a chance ‘‘§ 4124. Governmentwide procurement policy treatment than law-abiding citizens. I urge a to earn an apprenticeship certificate to sub- relating to purchases from Federal Prison ‘‘yes’’ vote on FPI and a ‘‘no’’ vote on any stantiate their work experience. In fact, the Industries amendment that weakens this well-thought out spirit of this program is consistent with the ‘‘(a) IN GENERAL.—Purchases from Federal bill. ‘‘Prisoner Re-entry Initiative’’ proposed by Prison Industries, Incorporated, a wholly owned Mr. HOLT. Mr. Chairman, can you, or an- President Bush in his State of the Union Ad- Government corporation, as referred to in sec- other member, tell me why we are considering dress when he called for a four-year, $300 tion 9101(3)(E) of title 31, may be made by a this legislation? Why when we have the larg- Federal department or agency only in accord- million initiative to—and I quote—‘‘reduce re- ance with this section. est prison population in the world, why when cidivism and the societal costs of reincarcer- we have one of the worst recidivism rates in ‘‘(b) SOLICITATION AND EVALUATION OF OF- ation by helping inmates find work when they FERS AND CONTRACT AWARDS.—(1)(A) If a pro- the world, why when we have enormous ex- return to their communities.’’ curement activity of a Federal department or pense from crime and imprisonment, and why Therefore, I support this legislation and ask agency has a requirement for a specific product when America’s historic and ethical attitude to- that my colleagues vote yes on its final pas- or service that is authorized to be offered for wards crime is based predominantly on a re- sage. sale by Federal Prison Industries, in accordance demptive view of human nature, why are we with section 4122 of this title, and is listed in the doing this? b 1215 catalog referred to in subsection (g), the pro- Ms. WATERS. Mr. Chairman, I rise in sup- Mr. SENSENBRENNER. Mr. Chair- curement activity shall solicit an offer from Fed- port of H.R. 2965, the Federal Prison Indus- man, I reserve the balance of my time. eral Prison Industries, if the purchase is ex- Mr. CONYERS. Mr. Chairman, I yield pected to be in excess of the micro-purchase tries Competition in Contracting Act of 2005. threshold (as defined by section 32(f) of the Of- I thank my colleagues in the Committee on back the balance of my time. fice of Federal Procurement Policy Act (41 the Judiciary for their overwhelming support of Mr. SENSENBRENNER. Mr. Chair- U.S.C. 428(f))). the ‘‘sense of Congress’’ language I offered man, I yield back the balance of my ‘‘(B) The requirements of subparagraph (A) during Full Committee markup that would clar- time. shall also apply to a procurement that a Federal

VerDate Aug 31 2005 02:04 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00031 Fmt 4634 Sfmt 6333 E:\CR\FM\A14SE7.014 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6568 CONGRESSIONAL RECORD — HOUSE September 14, 2006 department or agency intends to meet by placing ‘‘(9) A solicitation for a contract shall first be cupational, health, and safety standards with an order against a contract maintained by the made to Federal Prison Industries using other respect to the operation of its industrial oper- General Services Administration under the Mul- than competitive procedures if the product or ations.’’. tiple Award Schedule Contracts Program. service to be acquired would otherwise be fur- SEC. 3. PUBLIC PARTICIPATION REGARDING EX- ‘‘(C) Federal Prison Industries, upon its re- nished by a contractor performing the work out- PANSION PROPOSALS BY FEDERAL quest, shall be listed on any Schedule, referred side of the United States. PRISON INDUSTRIES. to in subparagraph (B), as offering products or ‘‘(c) OFFERS FROM FEDERAL PRISON INDUS- Section 4122(b) of title 18, United States Code, services which Federal Prison Industries be- TRIES.—(1) A timely offer received from Federal is amended— lieves to be comparable to those products and Prison Industries to furnish a product or service (1) by redesignating paragraph (6) as para- services being offered by commercial contractors to a Federal department or agency shall be con- graph (13); and through the Multiple Award Schedule Contracts sidered for award without limitation as to the (2) by striking paragraphs (4) and (5) and in- serting the following new paragraphs: Program. dollar value of the proposed purchase, unless ‘‘(4)(A) Federal Prison Industries is author- ‘‘(2) A contract award for such product or the contract opportunity has been reserved for ized to offer a new specific product or furnish a service shall be made using competitive proce- competition exclusively among small business new specific service in response to a competitive dures in accordance with the applicable evalua- concerns pursuant to section 15(a) of the Small solicitation or other purchase request issued by tion factors, unless a determination is made by Business Act (15 U.S.C. 644(a)) and its imple- a Federal department or agency. No subsequent the Attorney General pursuant to paragraph (3) menting regulations. offering of such product or service may be made or an award using other than competitive proce- ‘‘(2)(A) Any offer made by Federal Prison In- dustries to furnish a product or service may ex- by Federal Prison Industries until the board of dures is authorized pursuant to paragraph (7). directors has approved the offering for sale of ‘‘(3) The procurement activity shall negotiate clude from the offer the price of the following: such new specific product or new specific serv- with Federal Prison Industries on a noncompeti- ‘‘(i) The costs related to security of the facili- ice, in conformance with the requirements of tive basis for the award of a contract if the At- ties at which the contract will be performed. ‘‘(ii) The costs of educating and training the paragraphs (5) through (9). torney General determines that— ‘‘(B) Federal Prison Industries may produce a ‘‘(A) Federal Prison Industries cannot reason- prison work force performing the contract. ‘‘(iii) Excess capital costs of machinery and product or furnish a service in excess of the au- ably expect fair consideration to receive the con- excess inventories used within a prison environ- thorized level of production for such product or tract award on a competitive basis; and ment that are the result of the unique environ- service, in response to an order placed pursuant ‘‘(B) the contract award is necessary to main- to an existing contract with a Federal depart- tain work opportunities otherwise unavailable ment of prison life. ‘‘(iv) Other costs of performing the contract ment or agency, if the agency’s need for the at the penal or correctional facility at which the resulting from the unique environment of prison product or service is of such an urgency that it contract is to be performed to prevent cir- facilities. would justify the use of procedures other than cumstances that could reasonably be expected to ‘‘(d) PERFORMANCE BY FEDERAL PRISON IN- competitive procedures pursuant to section significantly endanger the safe and effective ad- DUSTRIES.—Federal Prison Industries shall per- 2304(c)(2) of title 10 or section 303(c)(2) of the ministration of such facility. form its contractual obligations under a con- Federal Property and Administrative Services ‘‘(4) Except in the case of an award to be tract awarded by a Federal department or agen- Act of 1949 (41 U.S.C. 253(c)(2)), as may be ap- made pursuant to paragraph (3), a contract cy to the same extent as any other contractor. plicable. award shall be made with Federal Prison Indus- ‘‘(e) FINALITY OF CONTRACTING OFFICER’S DE- ‘‘(5) A decision to authorize Federal Prison tries only if the contracting officer for the pro- CISION.—(1) A decision by a contracting officer Industries to offer a new specific product or spe- curement activity determines that— regarding the award of a contract to Federal cific service or to expand the production of an ‘‘(A) the specific product or service to be fur- Prison Industries or relating to the performance existing product or service for sale to the Fed- nished will meet the requirements of the pro- of such contract shall be final, unless reversed eral Government shall be made by its board of curement activity (including any applicable on appeal pursuant to paragraph (2) or (3). directors in conformance with the requirements prequalification requirements and all specified ‘‘(2)(A) The Chief Operating Officer of Fed- of subsections (b), (c), (d), and (e) of section 553 commercial or governmental standards per- eral Prison Industries may protest a decision by of title 5, and this chapter. taining to quality, testing, safety, serviceability, a contracting officer not to award a contract to ‘‘(6)(A) Whenever Federal Prison Industries and warranties); Federal Prison Industries pursuant to sub- proposes to offer for sale a new specific product ‘‘(B) timely performance of the contract can section (b)(4), in accordance with section 33.103, or specific service or to expand production of a be reasonably expected; and (Protests to the agency) of the Federal Acquisi- currently authorized product or service, the ‘‘(C) the contract price does not exceed a cur- tion Regulation (48 C.F.R. part 33.103). Chief Operating Officer of Federal Prison In- rent market price. ‘‘(B) In the event of an adverse decision of a dustries shall submit an appropriate proposal to ‘‘(5) A determination by the Attorney General protest filed pursuant to subparagraph (A), the the board of directors and obtain the board’s ap- pursuant to paragraph (3) shall be— Assistant Attorney General for Administration proval before initiating any such expansion. ‘‘(A) supported by specific findings by the may request a reconsideration of such adverse The proposal submitted to the board shall in- warden of the penal or correctional institution decision by the head of the Federal agency or clude a detailed analysis of the probable impact at which a Federal Prison Industries workshop department, which shall be considered de novo of the proposed expansion of sales within the is scheduled to perform the contract; and the decision issued by such agency head on Federal market by Federal Prison Industries on ‘‘(B) supported by specific findings by Federal a non-delegable basis. Such decision upon re- private sector firms and their non-inmate work- Prison Industries regarding why it does not ex- consideration by the agency head shall be final. ers. pect to win the contract on a competitive basis; ‘‘(3) A dispute between Federal Prison Indus- ‘‘(B)(i) The analysis required by subpara- and tries and a procurement activity regarding per- graph (A) shall be performed by an interagency ‘‘(C) made and reported in the same manner formance of a contract shall be subject to— team on a reimbursable basis or by a private as a determination made pursuant to section ‘‘(A) alternative means of dispute resolution contractor paid by Federal Prison Industries. 303(c)(7) of the Federal Property and Adminis- pursuant to subchapter IV of chapter 5 of title ‘‘(ii) If the analysis is to be performed by an trative Services Act of 1949 (41 U.S.C. 253(c)(7)). 5; or interagency team, such team shall be led by the ‘‘(6) If the Attorney General has not made the ‘‘(B) final resolution by the board of contract Administrator of the Small Business Administra- determination described in paragraph (3) within appeals having jurisdiction over the procure- tion or the designee of such officer with rep- 30 days after Federal Prison Industries has been ment activity’s contract performance disputes resentatives of the Department of Labor, the De- informed of a contracting opportunity by a pro- pursuant to the Contract Disputes Act of 1978 partment of Commerce, and the Federal Pro- curement activity, the procurement activity may (41 U.S.C. 601 et seq.). curement Data Center. proceed to conduct a procurement for the prod- ‘‘(f) REPORTING OF PURCHASES.—Each Federal ‘‘(iii) If the analysis is to be performed by a uct or service in accordance with the procedures department or agency shall report purchases private contractor, the selection of the con- generally applicable to such procurements by from Federal Prison Industries to the Federal tractor and the administration of the contract the procurement activity. Procurement Data System (as referred to in sec- shall be conducted by one of the entities ref- ‘‘(7) A contract award may be made to Federal tion 6(d)(4) of the Office of Federal Procurement erenced in clause (ii) as an independent execu- Prison Industries using other than competitive Policy Act (41 U.S.C. 405(d)(4))) in the same tive agent for the board of directors. Maximum procedures if such product or service is only manner as it reports to such System any acquisi- consideration shall be given to any proposed available from Federal Prison Industries and tion in an amount in excess of the simplified ac- statement of work furnished by the Chief Oper- the contract may be awarded under the author- quisition threshold (as defined by section 4(11) ating Officer of Federal Prison Industries. ity of section 2304(c)(1) of title 10 or section of the Office of Federal Procurement Policy Act ‘‘(C) The analysis required by subparagraph 303(c) of the Federal Property and Administra- (41 U.S.C. 403(11))). (A) shall identify and consider— tive Services Act of 1949 (41 U.S.C. 253(c)(1)), as ‘‘(g) CATALOG OF PRODUCTS.—Federal Prison ‘‘(i) the number of vendors that currently meet may be applicable, and pursuant to the jus- Industries shall publish and maintain a catalog the requirements of the Federal Government for tification and approval requirements relating to of all specific products and services that it is au- the specific product or specific service; such noncompetitive procurements specified by thorized to offer for sale. Such catalog shall be ‘‘(ii) the proportion of the Federal Govern- law and the Governmentwide Federal Acquisi- periodically revised as products and services are ment market for the specific product or specific tion Regulation. added or deleted by its board of directors (in ac- service currently furnished by small businesses ‘‘(8) A contract award may be made to Federal cordance with section 4122(b) of this title). during the previous 3 fiscal years; Prison Industries using other than competitive ‘‘(h) COMPLIANCE WITH STANDARDS.—Federal ‘‘(iii) the share of the Federal market for the procedures by the Federal Bureau of Prisons. Prison Industries shall be subject to Federal oc- specific product or specific service projected for

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The negotiated price shall not exceed a service during the previous 3 fiscal years; resentatives to present comments on the pro- fair and reasonable price determined in accord- ‘‘(vii) the projected growth or decline in the posal directly to the board of directors. ance with the procedures of the Federal Acquisi- demand of the Federal Government for the spe- ‘‘(8) The board of directors shall be provided tion Regulation. cific product or specific service; copies of all comments received on the expansion (d) PERFORMANCE OF CONTRACTUAL OBLIGA- ‘‘(viii) the capability of the projected demand proposal. TIONS.— of the Federal Government for the specific prod- ‘‘(9) Based on the comments received on the (1) IN GENERAL.—Federal Prison Industries uct or service to sustain both Federal Prison In- initial expansion proposal, the Chief Operating shall perform the obligations of the contract ne- dustries and private vendors; and Officer of Federal Prison Industries may provide gotiated pursuant to subsection (c). ‘‘(ix) whether authorizing the production of the board of directors a revised expansion pro- (2) PERFORMANCE DISPUTES.—If the head of the new product or performance of a new service posal. If such revised proposal provides for ex- the contracting activity and the Chief Operating will provide inmates with the maximum oppor- pansion of inmate work opportunities in an in- Officer of Federal Prison Industries are unable tunity to acquire knowledge and skill in trades dustry different from that initially proposed, to resolve a contract performance dispute to and occupations that will provide them with a such revised proposal shall reflect the analysis their mutual satisfaction, such dispute shall be means of earning a livelihood upon release. required by paragraph (6)(C) and be subject to resolved pursuant to section 4124(e)(3) of title 18, ‘‘(D)(i) The board of directors may not ap- the public comment requirements of paragraph United States Code (as added by section 2 of this prove a proposal to authorize the production (7). Act). and sale of a new specific product or continued ‘‘(10) The board of directors shall consider a (e) LIMITATIONS ON USE OF AUTHORITY.— sale of a previously authorized product unless— proposal to authorize the sale of a new specific (1) IN GENERAL.—As a percentage of the sales ‘‘(I) the product to be furnished is a prison- product or specific service (or to expand the vol- made by Federal Prison Industries during the made product; or ume of sales for a currently authorized product base period, the total dollar value of sales to the ‘‘(II) the service to be furnished is to be per- or service) and take any action with respect to Government made pursuant to subsection (b) formed by inmate workers. such proposal, during a meeting that is open to and subsection (c) of this section shall not ex- ‘‘(ii) The board of directors may not approve the public, unless closed pursuant to section ceed— a proposal to authorize the production and sale 552(b) of title 5. (A) 90 percent in fiscal year 2007; of a new prison-made product or to expand pro- ‘‘(11) In conformance with the requirements of (B) 85 percent in fiscal year 2008; duction of a currently authorized product if the paragraph (10) of this subsection, the board of (C) 70 percent in fiscal year 2009; product is— directors may— (D) 55 percent in fiscal year 2010; and ‘‘(I) produced in the private sector by an in- ‘‘(A) authorize the donation of products pro- (E) 40 percent in fiscal year 2011. dustry which has reflected during the previous duced or services furnished by Federal indus- (2) SALES WITHIN VARIOUS BUSINESS SECTORS.— year an unemployment rate above the national tries and available for sale; Use of the authority provided by subsections (b) average; or ‘‘(B) authorize the production of a new spe- and (c) shall not result in sales by Federal Pris- ‘‘(II) an import-sensitive product. cific product or the furnishing of a new specific on Industries to the Government that are in ex- ‘‘(iii) The board of directors may not approve service for donation; or cess of its total sales during the base year for a proposal for inmates to provide a service in ‘‘(C) authorize a proposal to expand produc- each business sector. which an inmate worker has access to— tion of a currently authorized specific product (3) LIMITATIONS RELATING TO SPECIFIC PROD- ‘‘(I) personal or financial information about or specific service in an amount in excess of a UCTS.—Use of the authorities provided by sub- individual private citizens, including informa- reasonable share of the market for such product sections (b) and (c) shall not result in contract tion relating to such person’s real property, or service, if— awards to Federal Prison Industries that are in however described, without giving prior notice ‘‘(i) a Federal agency or department, pur- excess of its total sales during the base period to such persons or class of persons to the great- chasing such product or service, has requested for such product. est extent practicable; that Federal Prison Industries be authorized to (4) CHANGES IN DESIGN SPECIFICATIONS.—If a ‘‘(II) geographic data regarding the location furnish such product or service in amounts that buying agency directs a change to the design of surface and subsurface infrastructure pro- are needed by such agency or department; or specification for a specific product, the costs as- viding communications, water and electrical ‘‘(ii) the proposal is justified for other good sociated with the implementation of such speci- power distribution, pipelines for the distribution cause and supported by at least two-thirds of fication change by Federal Prison Industries of natural gas, bulk petroleum products and the appointed members of the board.’’. shall not be considered for the purposes of com- other commodities, and other utilities; or SEC. 4. TRANSITIONAL MANDATORY SOURCE AU- puting sales by Federal Prison Industries for the ‘‘(III) data that is classified. THORITY. purposes of paragraphs (2) and (3). ‘‘(iv)(I) Federal Prison Industries is prohibited (a) IN GENERAL.—Notwithstanding the re- (f) ADDITIONAL AUTHORITY TO SUSTAIN IN- from furnishing through inmate labor construc- quirements of section 4124 of title 18, United MATE EMPLOYMENT.—During the period speci- tion services, unless to be performed within a States Code (as amended by section 2 of this fied in subsection (g), the authority of section Federal correctional institution pursuant to the Act), a Federal department or agency having a 4122(b)(11)(C)(ii) of title 18, United States Code participation of an inmate in an apprenticeship requirement for a product that is authorized for (as added by section 3), may be used by the or other vocational education program teaching sale by Federal Prison Industries and is listed in Board to sustain inmate employment. the skills of the various building trades. its catalog (referred to in section 4124(g) of title (g) DURATION OF AUTHORITY.—The pref- ‘‘(II) For purposes of this clause, the term 18, United States Code) shall first solicit an offer erential contracting authorities authorized by ‘construction’ has the meaning given such term from Federal Prison Industries and make pur- subsection (b) may not be used on or after Octo- by section 2.101 of the Federal Acquisition Regu- chases on a noncompetitive basis in accordance ber 1, 2011, and become effective on the effective lation (48 C.F.R. part 2.101), as in effect on June with this section or in accordance with section date of the final regulations issued pursuant to 1, 2004, including the repair, alteration, or 2410n of title 10, United States Code, or section section 17. maintenance of real property in being. 318 of title III of the Federal Property and Ad- (h) DEFINITIONS.—For the purposes of this ‘‘(7) To provide further opportunities for par- ministrative Services Act of 1949 (as added by section— ticipation by interested parties, the board of di- subsection (i)). (1) the term ‘‘base period’’ means the total rectors shall— (b) PREFERENTIAL SOURCE STATUS.—Subject to sales of Federal Prison Industries during the pe- ‘‘(A) give additional notice of a proposal to the limitations of subsection (d), a contract riod October 1, 2003, and September 30, 2004 authorize the production and sale of a new award shall be made on a noncompetitive basis (Fiscal Year 2004); product or service, or expand the production of to Federal Prison Industries if the contracting (2) the term ‘‘business sectors’’ means the a currently authorized product or service, in a officer for the procurement activity determines seven product/service business groups identified publication designed to most effectively provide that— in the 2004 Federal Prison Industries annual re- notice to private vendors and labor unions rep- (1) the product offered by Federal Prison In- port as the Clothing and Textiles Business resenting private sector workers who could rea- dustries will meet the requirements of the pro- Group, the Electronics Business Group, the sonably be expected to be affected by approval curement activity (including commercial or gov- Fleet Management and Vehicular Components

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Business Group, the Industrial Products Busi- ‘‘(e) PERFORMANCE AS A SUBCONTRACTOR.—(1) ers in violation of section 1761(a) of title 18, ness Group, the Office Furniture Business A contractor or potential contractor of an exec- United States Code. A Federal contractor (or Group, the Recycling Activities Business Group, utive agency may not be required to use Federal subcontractor at any tier) using Federal Prison and the Services Business Group; and Prison Industries as a subcontractor or supplier Industries as a subcontractor or supplier in fur- (3) the term ‘‘fair and reasonable price’’ shall of products or provider of services for the per- nishing a commercial product pursuant to a be given the same meaning as, and be deter- formance of a contract of the executive agency Federal contract shall implement appropriate mined pursuant to, part 15.8 of the Federal Ac- by any means, including means such as— management procedures to prevent introducing quisition Regulation (48 C.F.R. 15.8). ‘‘(A) a contract solicitation provision requir- an inmate-produced product into the commercial (i) FINDING BY ATTORNEY GENERAL WITH RE- ing a contractor to offer to make use of products market. SPECT TO PUBLIC SAFETY.—(1) Not later than 60 or services of Federal Prison Industries in the (d) PROHIBITIONS ON MANDATING SUBCON- days prior to the end of each fiscal year speci- performance of the contract; TRACTING WITH FEDERAL PRISON INDUSTRIES.— fied in subsection (e)(1), the Attorney General ‘‘(B) a contract specification requiring the Except as authorized under the Federal Acquisi- shall make a finding regarding the effects of the contractor to use specific products or services (or tion Regulation, the use of Federal Prison In- percentage limitation imposed by such sub- classes of products or services) offered by Fed- dustries as a subcontractor or supplier of prod- section for such fiscal year and the likely effects eral Prison Industries in the performance of the ucts or provider of services shall not be imposed of the limitation imposed by such subsection for contract; or upon prospective or actual Federal prime con- the following fiscal year. ‘‘(C) any contract modification directing the tractors or a subcontractors at any tier by (2) The Attorney General’s finding shall in- use of products or services of Federal Prison In- means of— clude a determination whether such limitation dustries in the performance of the contract. (1) a contract solicitation provision requiring has resulted or is likely to result in a substantial ‘‘(2) In this subsection, the term ‘contractor’, a contractor to offer to make use of Federal reduction in inmate industrial employment and with respect to a contract, includes a subcon- Prison Industries, its products or services; whether such reductions, if any, present a sig- tractor at any tier under the contract. (2) specifications requiring the contractor to nificant risk of adverse effects on safe prison op- ‘‘(f) PROTECTION OF CLASSIFIED AND SENSITIVE use specific products or services (or classes of eration or public safety. INFORMATION.—The head of an executive agen- products or services) offered by Federal Prison (3) If the Attorney General finds a significant cy may not enter into any contract with Federal Industries in the performance of the contract; risk of adverse effects on either safe prison man- Prison Industries under which an inmate work- (3) any contract modification directing the use agement or public safety, he shall so advise the er would have access to— of Federal Prison Industries, its products or Congress. ‘‘(1) any data that is classified; (4) In advising the Congress pursuant to para- services; or ‘‘(2) any geographic data regarding the loca- (4) any other means. graph (3), the Attorney General shall make rec- tion of— ommendations for additional authorizations of SEC. 6. INMATE WAGES AND DEDUCTIONS. ‘‘(A) surface and subsurface infrastructure appropriations to provide additional alternative Section 4122(b) of title 18, United States Code providing communications or water or electrical inmate rehabilitative opportunities and addi- (as amended by section 3 of this Act), is further power distribution; tional correctional staffing, as may be appro- amended by adding after paragraph (11) a new ‘‘(B) pipelines for the distribution of natural priate. paragraph (12) as follows: gas, bulk petroleum products, or other commod- (j) PROCEDURAL REQUIREMENTS FOR CIVILIAN ‘‘(12)(A) The Board of Directors of Federal AGENCIES RELATING TO PRODUCTS OF FEDERAL ities; or Prison Industries shall prescribe the rates of ‘‘(C) other utilities; or PRISON INDUSTRIES.—Title III of the Federal hourly wages to be paid inmates performing Property and Administrative Services Act of 1949 ‘‘(3) any personal or financial information work for or through Federal Prison Industries. (41 U.S.C. 251 et seq.) is amended by adding at about any individual private citizen, including The Director of the Federal Bureau of Prisons the end the following new section: information relating to such person’s real prop- shall prescribe the rates of hourly wages for erty however described, without the prior con- ‘‘SEC. 318. PRODUCTS OF FEDERAL PRISON IN- other work assignments within the various Fed- DUSTRIES: PROCEDURAL REQUIRE- sent of the individual. eral correctional institutions. In the case of an MENTS. ‘‘(g) DEFINITIONS.—In this section: inmate whose term of imprisonment is to expire ‘‘(a) MARKET RESEARCH.—Before purchasing ‘‘(1) The term ‘competitive procedures’ has the in not more than 2 years, wages shall be earned a product listed in the latest edition of the Fed- meaning given such term in section 4(5) of the at an hourly rate of not less than $2.50, but paid eral Prison Industries catalog under section Office of Federal Procurement Policy Act (41 at the same rate and in the same manner as to 4124(g) of title 18, United States Code, the head U.S.C. 403(5)). any other inmate, and any amount earned but of an executive agency shall conduct market re- ‘‘(2) The term ‘market research’ means obtain- not paid shall be held in trust and paid only search to determine whether the Federal Prison ing specific information about the price, quality, upon the actual expiration of the term of impris- Industries product is comparable to products and time of delivery of products available in the onment. available from the private sector that best meet private sector through a variety of means, ‘‘(B) The various inmate wage rates shall be the executive agency’s needs in terms of price, which may include— reviewed and considered for increase on not less quality, and time of delivery. ‘‘(A) contacting knowledgeable individuals in than a biannual basis. ‘‘(b) COMPETITION REQUIREMENT.—If the head government and industry; ‘‘(C) The Board of Directors of Federal Prison of the executive agency determines that a Fed- ‘‘(B) interactive communication among indus- Industries shall— eral Prison Industries product is not comparable try, acquisition personnel, and customers; and ‘‘(i) not later than September 30, 2008, increase in price, quality, or time of delivery to products ‘‘(C) interchange meetings or pre-solicitation the maximum wage rate for inmates performing available from the private sector that best meet conferences with potential offerors.’’. work for or through Federal Prison Industries to the executive agency’s needs in terms of price, SEC. 5. AUTHORITY TO PERFORM AS A FEDERAL an amount equal to 50 percent of the minimum quality, and time of delivery, the agency head SUBCONTRACTOR. wage prescribed by section 6(a)(1) of the Fair shall use competitive procedures for the procure- (a) IN GENERAL.—Federal Prison Industries is Labor Standards Act of 1938 (29 U.S.C. ment of the product or shall make an individual authorized to enter into a contract with a Fed- 206(a)(1)); and purchase under a multiple award contract. In eral contractor (or a subcontractor of such con- ‘‘(ii) not later than September 30, 2013, in- conducting such a competition or making such a tractor at any tier) to produce products as a crease such maximum wage rate to an amount purchase, the agency head shall consider a subcontractor or supplier in the performance of equal to such minimum wage. timely offer from Federal Prison Industries. a Federal procurement contract. The use of Fed- ‘‘(D) Wages earned by an inmate worker shall ‘‘(c) IMPLEMENTATION BY HEAD OF EXECUTIVE eral Prison Industries as a subcontractor or sup- be paid in the name of the inmate. Deductions, AGENCY.—The head of an executive agency plier shall be a wholly voluntary business deci- aggregating to not more than 80 percent of gross shall ensure that— sion by the Federal prime contractor or subcon- wages, shall be taken from the wages due for— ‘‘(1) the executive agency does not purchase a tractor, subject to any prior approval of sub- ‘‘(i) applicable taxes (Federal, State, and Federal Prison Industries product or service un- contractors or suppliers by the contracting offi- local); less a contracting officer of the agency deter- cer which may be imposed by the Federal Acqui- ‘‘(ii) payment of fines and restitution pursu- mines that the product or service is comparable sition Regulation or by the contract. ant to court order; to products or services available from the private (b) LIMITATIONS ON USE.—Federal Prison In- ‘‘(iii) payment of additional restitution for sector that best meet the agency’s needs in terms dustries is prohibited from being a subcontractor victims of the inmate’s crimes (at a rate not less of price, quality, and time of delivery; and or supplier at any tier if— than 10 percent of gross wages); ‘‘(2) Federal Prison Industries performs its (1) the product or service is to be acquired by ‘‘(iv) allocations for support of the inmate’s contractual obligations to the same extent as a Federal department or agency pursuant to family pursuant to statute, court order, or any other contractor for the executive agency. section 3 of the Javits-Wagner-O’Day Act (41 agreement with the inmate; ‘‘(d) MARKET RESEARCH DETERMINATION NOT U.S.C. 48); or ‘‘(v) allocations to a fund in the inmate’s SUBJECT TO REVIEW.—A determination by a con- (2) the product to be acquired by the Federal name to facilitate such inmate’s assimilation tracting officer regarding whether a product or department or agency is subject to section 2533a back into society, payable at the conclusion of service offered by Federal Prison Industries is of title 10, United States Code. incarceration; and comparable to products or services available (c) COMMERCIAL SALES PROHIBITED.—The au- ‘‘(vi) such other deductions as may be speci- from the private sector that best meet an execu- thority provided by subsection (a) shall not re- fied by the Director of the Bureau of Prisons. tive agency’s needs in terms of price, quality, sult, either directly or indirectly, in the sale in ‘‘(E) Each inmate worker working for Federal and time of delivery shall not be subject to re- the commercial market of a product or service Prison Industries shall indicate in writing that view pursuant to section 4124(b) of title 18. resulting from the labor of Federal inmate work- such person—

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‘‘(i) is participating voluntarily; and (1) PROGRAM ESTABLISHED.—There is hereby ‘‘(3) the number of inmate workers expected to ‘‘(ii) understands and agrees to the wages to established the Enhanced In-Prison Educational be employed in the specified types of work dur- be paid and deductions to be taken from such and Vocational Assessment and Training Pro- ing the various phases of the agreement; wages.’’. gram within the Federal Bureau of Prisons. ‘‘(4) the wage rates proposed to be paid to var- SEC. 7. CLARIFYING AMENDMENT RELATING TO (2) COMPREHENSIVE PROGRAM.—In addition to ious classes of inmate workers; and SERVICES. such other components as the Director of the ‘‘(5) the facilities, services and personnel (a) IN GENERAL.—Section 1761 of title 18, Bureau of Prisons deems appropriate to reduce (other than correctional personnel dedicated to United States Code, is amended in subsection (a) inmate idleness and better prepare inmates for a the security of the inmate workers) to be fur- and (c) by striking ‘‘goods, wares, or merchan- successful reentry into the community upon re- nished by Federal Prison Industries or the Bu- dise manufactured, produced, or mined’’ each lease, the program shall provide— reau of Prisons and the rates of reimbursement, place it appears and inserting ‘‘products manu- (A) in-prison assessments of inmates’ needs if any, for such facilities, services, and per- factured, services furnished, or minerals and aptitudes; sonnel. mined’’. (B) a full range of educational opportunities; ‘‘(e) REPRESENTATIONS.— (b) COMPLETION OF EXISTING AGREEMENTS.— (C) vocational training and apprenticeships; ‘‘(1) ELEEMOSYNARY WORK ACTIVITIES.—Each Any prisoner work program operated by a pris- and proposed agreement shall be accompanied by a on or jail of a State or local jurisdiction of a (D) comprehensive release-readiness prepara- written certification by the chief executive offi- State which is providing services for the com- tion. cer of the eligible entity that— mercial market through inmate labor on October (3) AUTHORIZATION OF APPROPRIATIONS.—For ‘‘(A) the work to be performed by the inmate 1, 2004, may continue to provide such commer- the purposes of carrying out the program estab- workers will be limited to the eleemosynary cial services until— lished by paragraph (1), $75,000,000 is author- work of such entity in the case of an entity de- (1) the expiration date specified in the con- ized for each fiscal year after fiscal year 2008, to scribed in paragraph (1) or (2) of subsection (b); tract or other agreement with a commercial remain available until expended. It is the sense ‘‘(B) the work would not be performed in the partner on October 1, 2004, or of Congress that Federal Prison Industries United States but for the availability of the in- (2) until September 30, 2010, if the prison work should use some of its net earnings to accom- mate workers; and program is directly furnishing the services to the plish the purposes of the program. ‘‘(C) the work performed by the inmate work- commercial market. (4) SCHEDULE FOR IMPLEMENTATION.—All com- ers will not result, either directly or indirectly, (c) APPROVAL REQUIRED FOR LONG-TERM OP- ponents of the program shall be established— in the production of a new product or the fur- ERATION.—A prison work program operated by a (A) in at least 25 percent of all Federal prisons nishing of a service that is to be offered for correctional institution operated by a State or not later than 2 years after the date of the en- other than resale or donation by the eligible en- local jurisdiction of a State may continue to actment of this Act; tity or any affiliate of the such entity. provide inmate labor to furnish services for sale (B) in at least 50 percent of all Federal prisons ‘‘(2) PROTECTIONS FOR NON-INMATE WORK- in the commercial market after the dates speci- not later than 4 years after such date of enact- ERS.—Each proposed agreement shall also be ac- fied in subsection (b) if such program has been ment; companied by a written certification by the certified pursuant to section 1761(c)(1) of title (C) in at least 75 percent of all Federal prisons chief executive officer of the eligible entity 18, United States Code, and is in compliance not later than 6 years after such date of enact- with the requirements of such subsection and its that— ment; and ‘‘(A) no non-inmate employee (including any implementing regulations. (D) in all Federal prisons not later than 8 person performing work activities for such gov- (d) EXISTING WORK OPPORTUNITIES FOR FED- years after such date of enactment. ERAL INMATES.—Any private for-profit business ernmental entity pursuant to section 607 of sub- (b) ADDITIONAL INMATE WORK OPPORTUNITIES chapter IV of the Social Security Act (42 U.S.C. entity having an agreement with Federal Prison THROUGH PUBLIC SERVICE ACTIVITIES.— Industries in effect on the date of enactment of 607)) of the eligible entity (or any affiliate of the (1) IN GENERAL.—Chapter 307 of title 18, entity) working in the United States will have this Act, under which Federal inmates are fur- United States Code, is further amended by in- nishing services that are being introduced into his or her job abolished or work hours reduced serting after section 4124 the following new sec- as a result of the entity being authorized to uti- the commercial market, may continue to furnish tion: such services for the duration of the term of lize inmate workers; and ‘‘§ 4124a. Additional inmate work opportuni- such agreement. ‘‘(B) the work to be performed by the inmate (e) ADDITIONAL AMENDMENT.—Section 1761 of ties through public service activities workers will not supplant work currently being title 18, United States Code, is further amend- ‘‘(a) IN GENERAL.—Inmates with work assign- performed in the United States by a contractor ed— ments within Federal Prison Industries may per- of the eligible entity. (1) by redesignating subsection (d) as sub- form work for an eligible entity pursuant to an ‘‘(f) APPROVAL BY BOARD OF DIRECTORS.— section (e); and agreement between such entity and the Inmate ‘‘(1) IN GENERAL.—Each such proposed agree- (2) by inserting after subsection (c) the fol- Work Training Administrator in accordance ment shall be presented to the Board of Direc- lowing new subsection: with the requirements of this section. tors, be subject to the same opportunities for ‘‘(d) This section shall not apply to services ‘‘(b) DEFINITION OF ELIGIBLE ENTITIES.—For public comment, and be publicly considered and performed as part of an inmate work program the purposes of this section, the term ‘eligible acted upon by the Board in a manner com- conducted by a State or local government to dis- entity’ means an entity— parable to that required by paragraphs (7) and assemble, scrap, and recycle products, other ‘‘(1) that is an organization described in sec- (8) of section 4122(b). than electronic products, that would otherwise tion 501(c)(3) of the Internal Revenue Code of ‘‘(2) MATTERS TO BE CONSIDERED.—In deter- be disposed of in a landfill. Recovered scrap 1986 and exempt from taxation under section mining whether to approve a proposed agree- from such program may be sold.’’. 501(a) of such Code and that has been such an ment, the Board shall— SEC. 8. CONFORMING AMENDMENT. organization for a period of not less than 36 ‘‘(A) give priority to an agreement that pro- Section 4122(a) of title 18, United States Code, months prior to inclusion in an agreement under vides inmate work opportunities that will pro- is amended by striking ‘‘production of commod- this section; vide participating inmates with the best pros- ities’’ and inserting ‘‘production of products or ‘‘(2) that is a religious organization described pects of obtaining employment paying a livable furnishing of services’’. in section 501(d) of such Code and exempt from wage upon release; SEC. 9. RULES OF CONSTRUCTION RELATING TO taxation under section 501(a) of such Code; or ‘‘(B) give priority to an agreement that pro- CHAPTER 307. ‘‘(3) that is a unit of local government, a vides for maximum reimbursement for inmate Chapter 307 of title 18, United States Code, is school district, or another special purpose dis- wages and for the costs of supplies and equip- further amended by adding at the end the fol- trict. ment needed to perform the types of work to be lowing: ‘‘(c) INMATE WORK TRAINING ADMINIS- performed; ‘‘§ 4130. Construction of provisions TRATOR.—There is hereby established the posi- ‘‘(C) not approve an agreement that will re- sult in the displacement of non-inmate workers ‘‘Nothing in this chapter shall be construed— tion of Inmate Work Training Administrator, ‘‘(1) to establish an entitlement of any inmate who shall be responsible for fostering the cre- contrary to the representations required by sub- to— ation of alternative inmate work opportunities section (e)(2) as determined by the Board or by ‘‘(A) employment in a Federal Prison Indus- authorized by this section. The Administrator the Secretary of Labor (pursuant to subsection tries facility; or shall be designated by the Chief Executive Offi- (i)); and ‘‘(B) any particular wage, compensation, or cer of Federal Prison Industries, with the ap- ‘‘(D) not approve an agreement that will re- benefit on demand, except as otherwise specifi- proval of the Board of Directors, and be under sult, either directly or indirectly, in the produc- cally provided by law or regulation; the supervision of the Chief Operating Officer, tion of a new product or the furnishing of a ‘‘(2) to establish that inmates are employees but may directly report to the Board. service for other than resale by an eligible entity for the purposes of any law or program; or ‘‘(d) PROPOSED AGREEMENTS.—An eligible en- described in paragraph (1) or (2) of subsection ‘‘(3) to establish any cause of action by or on tity seeking to enter into an agreement pursuant (b) or donation. behalf of any inmate against the United States to subsection (a) shall submit a detailed pro- ‘‘(g) WAGE RATES AND DEDUCTIONS FROM IN- or any officer, employee, or contractor there- posal to the Inmate Work Training Adminis- MATE WAGES.— of.’’. trator. Each such agreement shall specify— ‘‘(1) IN GENERAL.—Inmate workers shall be SEC. 10. PROVIDING ADDITIONAL REHABILITA- ‘‘(1) types of work to be performed; paid wages for work under the agreement at a TIVE OPPORTUNITIES FOR INMATES. ‘‘(2) the proposed duration of the agreement, basic hourly rate to be negotiated between the (a) ADDITIONAL EDUCATIONAL, TRAINING, AND specified in terms of a base year and number of eligible entity and Federal Prison Industries RELEASE-PREPARATION OPPORTUNITIES.— option years; and specified in the agreement. The wage rates

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set by the Director of the Federal Bureau of nate products and services to eligible entities (2) AUTHORIZATION OF APPROPRIATIONS.— Prisons to be paid inmates for various institu- that provide goods or services to low-income in- There is authorized to be appropriated $3,000,000 tional work assignments are specifically author- dividuals who would likely otherwise have dif- in each of the three fiscal years after fiscal year ized. ficulty purchasing such products or services in 2007, to remain available until expended, for the ‘‘(2) PAYMENT TO INMATE WORKER AND AU- the commercial market. purposes of conducting the demonstration pro- THORIZED DEDUCTIONS.—Wages shall be paid (2) SCHEDULE FOR SUBMISSION AND CONSIDER- gram authorized by subsection (a). and deductions taken pursuant to section ATION OF DONATION PROGRAMS.— (e) PRERELEASE EMPLOYMENT ASSISTANCE.— 4122(b)(12)(D). (A) INITIAL PROPOSALS.—The Chief Operating (1) IN GENERAL.—The Director of the Federal ‘‘(3) VOLUNTARY PARTICIPATION BY INMATE.— Officer shall submit the initial group of pro- Bureau of Prisons shall, to the maximum extent Each inmate worker to be utilized by an eligible posals for programs of the type described in practicable, afford to inmates opportunities to entity shall indicate in writing that such per- paragraph (1) within 180 days after the date of participate in programs and activities designed son— the enactment of this Act. The Board of Direc- to help prepare such inmates to obtain employ- ‘‘(A) is participating voluntarily; and tors of Federal Prison Industries shall consider ment upon release. ‘‘(B) understands and agrees to the wages to such proposals from the Chief Operating Officer (2) PRERELEASE EMPLOYMENT PLACEMENT AS- be paid and deductions to be taken from such not later than the date that is 270 days after the SISTANCE.—Such prerelease employment place- wages. date of the enactment of this Act. ment assistance required by subsection (a) shall ‘‘(h) ASSIGNMENT TO WORK OPPORTUNITIES.— (B) ANNUAL OPERATING PLAN.—The Board of include— Assignment of inmates to work under an ap- Directors of Federal Prison Industries shall con- (A) training in the preparation of resumes and proved agreement with an eligible entity shall be sider proposals by the Chief Operating Officer job applications; subject to the Bureau of Prisons Program State- for programs of the type described in paragraph (B) training in interviewing skills; ment Number 1040.10 (Non-Discrimination To- (1) as part of the annual operating plan for (C) training and assistance in job search tech- ward Inmates), as contained in section 551.90 of Federal Prison Industries. niques; (C) OTHER PROPOSALS.—In addition to pro- title 28 of the Code of Federal Regulations (or (D) conduct of job fairs; and posals submitted by the Chief Operating Officer, any successor document). (E) such other methods deemed appropriate by the Board of Directors may, from time to time, ‘‘(i) ENFORCEMENT OF PROTECTIONS FOR NON- the Director. consider proposals presented by prospective eli- INMATE WORKERS.— (3) PRIORITY PARTICIPATION.—Priority in pro- ‘‘(1) PRIOR TO BOARD CONSIDERATION.—Upon gible entities. gram participation shall be accorded to inmates (3) DEFINITION OF ELIGIBLE ENTITIES.—For the request of any interested person, the Secretary who are participating in work opportunities af- purposes of this subsection, the term ‘‘eligible of Labor may promptly verify a certification forded by Federal Prison Industries and are entity’’ means an entity— made pursuant subsection (e)(2) with respect to within 24 months of release from incarceration. the displacement of non-inmate workers so as to (A) that is an organization described in sec- tion 501(c)(3) of the Internal Revenue Code of SEC. 11. RE-ENTRY EMPLOYMENT PREPARATION make the results of such inquiry available to the THROUGH WORK-BASED TRAINING Board of Directors prior to the Board’s consider- 1986 and exempt from taxation under section 501(a) of such Code and that has been such an AND APPRENTICESHIP. ation of the proposed agreement. The Secretary (a) IN GENERAL.—Chapter 307 of title 18, and the person requesting the inquiry may make organization for a period of not less than 36 months prior to inclusion in a proposal of the United States Code, is further amended by in- recommendations to the Board regarding modi- serting after section 4124a, as added by section fications to the proposed agreement. type described in paragraph (1), or (B) that is a religious organization described 10(b), the following new section: ‘‘(2) DURING PERFORMANCE.— in section 501(d) of such Code and exempt from ‘‘§ 4124b. Re-entry employment preparation ‘‘(A) IN GENERAL.—Whenever the Secretary deems appropriate, upon request or otherwise, taxation under section 501(a) of such Code. through work-based training and appren- (4) AUTHORIZATION OF APPROPRIATIONS.— the Secretary may verify whether the actual ticeship. There are authorized to be appropriated performance of the agreement is resulting in the ‘‘(a) PARTICIPATION AUTHORIZED.—A private $7,000,000 for each of the fiscal years 2008 displacement of non-inmate workers or the use for-profit business entity shall be an eligible en- through 2012 for the purposes of paying the of inmate workers in a work activity not author- tity for participation in the program authorized wages of inmates and otherwise carrying out ized under the approved agreement. by section 4124a of this title, if such participa- programs of the type described in paragraph (1). ‘‘(B) SANCTIONS.—Whenever the Secretary de- tion conforms with the requirements and limita- (d) MAXIMIZING INMATE REHABILITATIVE OP- termines that performance of the agreement has tions of this section. PORTUNITIES THROUGH COGNITIVE ABILITIES AS- resulted in the displacement of non-inmate ‘‘(b) REQUIREMENTS RELATING TO PRODUCTS SESSMENTS .— AND SERVICES.—A private for-profit business en- workers or employment of an inmate worker in (1) DEMONSTRATION PROGRAM AUTHORIZED.— tity is eligible for such participation if such an unauthorized work activity, the Secretary (A) IN GENERAL.—There is hereby established may— within the Federal Bureau of Prisons a program business entity proposes to train participating ‘‘(i) direct the Inmate Work Training Adminis- to be known as the ‘‘Cognitive Abilities Assess- inmates, pursuant to subsection (c), by pro- trator to terminate the agreement for default, ment Demonstration Program’’. The purpose of ducing a product or performing a service, if subject to the processes and appeals available to the demonstration program is to determine the such product or service is of a type for which a Federal contractor whose procurement con- effectiveness of a program that assesses the cog- there is no production or performance within tract has been terminated for default; and nitive abilities and perceptual skills of Federal the United States by noninmate workers. EQUIREMENTS RELATING TO TRAINING.— ‘‘(ii) initiate proceedings to impose upon the inmates to maximize the benefits of various re- ‘‘(c) R ‘‘(1) IN GENERAL.—For purposes of this sec- person furnishing the certification regarding habilitative opportunities designed to prepare tion, the training of participating inmates shall non-displacement of non-inmate workers re- each inmate for a successful return to society be work-based training that provides to a par- quired by subsection (d)(2)(B) any administra- and reduce recidivism. The demonstration pro- ticipating inmate apprenticeship training or a tive, civil, and criminal sanctions as may be gram shall be undertaken by a contractor with functionally equivalent structured program that available.’’. a demonstrated record of enabling the behav- combines hands-on work experience with con- (2) AUTHORIZATION OF APPROPRIATION.—There ioral and academic improvement of adults ceptual understanding of the work being per- is authorized to be appropriated $5,000,000 for through the use of research-based systems that formed. Other inmates with regular work as- each of the fiscal years 2008 through 2012 for the maximize the development of both the cognitive signments within Federal Prison Industries may purposes of paying the wages of inmates and and perceptual capabilities of a participating be assigned to support the program. otherwise undertaking the maximum number of individual, including adults in a correctional ‘‘(2) DOCUMENTATION OF PROGRAM PARTICIPA- agreements with eligible entities pursuant to setting. section 4124a of title 18, United States Code, as (B) SCOPE OF DEMONSTRATION PROGRAM.—The TION.— added by paragraph (1). demonstration program shall to the maximum ‘‘(A) Each inmate who successfully completes (3) SENSE OF CONGRESS.—For purposes of sec- extent practicable, be— participation in training undertaken pursuant tions 4124a and 4124b of title 18, United States (i) conducted during a period of three con- to this section shall be provided a certificate or Code, as added by sections 10(b) and 11, respec- secutive fiscal years, commencing during fiscal other written document memorializing such suc- tively, it is the sense of Congress that an inmate year 2008; cessful completion, providing a marketable sum- training wage that is at least 50 percent of the (ii) conducted at 12 Federal correctional insti- mary of the skills learned and an overall assess- minimum wage prescribed pursuant to section tutions; and ment of performance. 6(a)(1) of the Fair Labor Standards Act of 1938 (iii) offered to 6,000 inmates, who are cat- ‘‘(B) Copies of such documents shall be fur- (29 U.S.C. 206(a)(1)) will facilitate successful egorized as minimum security or less, and are nished to perspective employers upon the re- achievement of the goals of the work-based within five years of release. quest of the participant for a period of not less training and apprenticeship program authorized (C) REPORT ON RESULTS OF PROGRAM.—Not than 24 months from the date of such partici- under such section 4124a. later than 60 days after completion of the dem- pant’s release from incarceration. (c) INMATE WORK OPPORTUNITIES IN SUPPORT onstration program, the Director shall submit to ‘‘(3) DOCUMENTS REQUIRED FOR EMPLOY- OF NOT-FOR-PROFIT ENTITIES.— Congress a report on the results of the program. MENT.—The Federal Bureau of Prisons, in co- (1) PROPOSALS FOR DONATION PROGRAMS.— At a minimum, the report shall include an anal- operation with a business entity providing an The Chief Operating Officer of Federal Prison ysis of employment stability, stability of resi- inmate work-based training at the time of his or Industries shall develop and present to the dence, and rates of recidivism among inmates her scheduled release, shall make every reason- Board of Directors of Federal Prison Industries who participated in the program after 18 months able effort to help the inmate timely obtain such proposals to have Federal Prison Industries do- of release. documentation (including a State government-

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The Attorney General shall States Code; ‘‘(d) WAGE RATES.— provide annually a written report to the Com- (IV) work-based Employment Preparation ‘‘(1) IN GENERAL.—Business entities partici- mittees on the Judiciary and Appropriations of Programs for Federal inmates, pursuant to sec- pating in the program authorized by subsection the House of Representatives and the Senate ad- tion 4124b of title 18, United States Code, as (a) shall propose wages for inmates partici- dressing such progress by Federal Prison Indus- added by section 11; or pating in the program at rates not less than the tries. (V) other means. inmate training wage promulgated pursuant to (c) GAO ASSESSMENT OF WORK-BASED TRAIN- (3) OPPORTUNITY FOR PUBLIC COMMENT.—The section 17(c) of the Federal Prison Industries ING PROGRAM.— Comptroller General shall provide an oppor- Competition in Contracting Act of 2006. (1) IN GENERAL.—The Comptroller General of tunity for public comment on the proposed scope ‘‘(2) INMATE TRAINING WAGE.—Not more than the United States shall undertake an on-going and methodology for the assessment required by 30 days after the date of enactment of this sec- assessment of the authority granted by section paragraph (1), making such modifications in re- tion, the Board of Directors of Federal Prison 4124b of title 18, United States Code, as added sponse to such comments as he deems appro- Industries shall request the Secretary of Labor by subsection (a). priate. to promulgate an inmate training wage pursu- (2) MATTERS TO BE ASSESSED.—In addition to (4) REPORTS AND RECOMMENDATIONS.— ant to section 14(a) of the Fair Labor Standards such other matters as the Comptroller General (A) IN GENERAL.—The Comptroller General Act of 1938 (29 U.S.C. 214(a)). deems appropriate, the assessment shall in- shall submit to the Congress in accordance with ‘‘(e) SUPPORT FOR OTHER RELEASE PREPARA- clude— this subsection two interim reports and a final TION PROGRAMS.—In addition to the matters (A) efforts to recruit private for-profit busi- report of the assessment of implementation of listed in section 4124a(d) of this title, a proposal ness entities to participate; the new authority, including such recommenda- for an agreement referred to in such section sub- (B) the quality of training provided to in- tions as the Comptroller General may deem ap- mitted by an eligible business entity shall speci- mates; propriate. fy an amount of any supplemental funding, (C) the amounts and types of products and (B) INTERIM REPORTS.—The two interim re- specified as a per-capita amount for each in- services that have been produced incident to the ports shall encompass the assessment of the im- mate participating pursuant to the agreement, work-based training programs; plementation of the new authority— that the business entity will provide for the pur- (D) the types of worksite arrangement that (i) from the effective date of the authority pose of supporting remedial, vocational, and encourage business concerns to voluntarily through the end of fiscal year 2007; and other release preparation programs for other enter into such partnerships; (ii) from the effective date of the authority (E) the extent and manner of the participation nonparticipating inmates. through the end of fiscal year 2010. of supervisory, quality assurance, and other ‘‘(f) ADDITIONAL STANDARDS APPLICABLE.—In (C) FINAL REPORT.—The final report shall as- management employees of the participating considering a proposed agreement pursuant to sess the implementation of the new authority business entity in worksites within correctional section 4124a(f)(1) of this title, the Board of Di- from the effective date of the authority through facilities of various levels of security; rectors shall— the end of fiscal year 2013. (F) the extent of the facilities, utilities, equip- ‘‘(1) give preference to an agreement that pro- (D) SUBMISSION TO CONGRESS.—The Comp- ment, and personnel (other than security per- poses— troller General shall submit the reports required sonnel) provided by the host correctional agen- ‘‘(A) work-based training opportunities that by this paragraph within 6 months after the end cy, and extent to which such resources are pro- provide the participating inmate the best pros- of the fiscal years referred to in subparagraphs vided on a nonreimbursable basis; pects for obtaining employment paying a livable (G) the rates of wages paid to inmate workers (B) and (C). wage upon release; and the effect that such wage rates have on (d) CONFORMING AMENDMENT.—Section 1761 of ‘‘(B) the highest per-capita amount pursuant willingness of business entities to participate; title 18, United States Code, as amended by sec- to subsection (e) relating to providing financial (H) any complaints filed regarding the dis- tion 7, is further amended— support for release preparation for other in- placement of noninmate workers or of inmate (1) by redesignating subsection (e) as sub- mates; and workers being paid less than required wages and section (f); and ‘‘(C) the highest inmate wage rates; the disposition of those complaints; (2) inserting after subsection (d) the following ‘‘(2) not approve any agreement with respect (I) any sanctions recommended relating to dis- new subsection: to furnishing services of the type described in placement of noninmate workers or payment of ‘‘(e) This section shall not apply to products section 4122(b)(6)(D)(iii) of this title; less than the required wages, and the disposi- produced or services furnished with inmate ‘‘(3) not approve any agreement with respect tion of such proposed sanctions; labor incidental to the work-based training pro- to furnishing construction services described in (J) the extent to which the new authority pro- gram authorized pursuant to section 4124b of section 4122(b)(6)(D)(iv) of this title, unless to be vided additional inmate work opportunities as- this title.’’. performed within a Federal correctional institu- sisting the Bureau of Prisons in attaining its ob- SEC. 12. RESTRUCTURING THE BOARD OF DIREC- tion; jective of providing 25 percent of the work-eligi- TORS. ‘‘(4) not approve an agreement that does not ble inmates with work opportunities within Fed- (a) IN GENERAL.—Section 4121 of title 18, meet the standards of subsection (b); and eral Prison Industries; United States Code, is amended to read as fol- ‘‘(5) request a determination from the Inter- (K) measures of any adverse impacts of imple- lows: national Trade Commission (and such other ex- mentation of the new authority on business con- ecutive branch entities as may be appropriate), ‘‘§ 4121. Federal Prison Industries; Board of cerns using noninmate workers that are engaged Directors: executive management regarding whether a product or service is of the in providing similar types of products and serv- type being produced or performed in the United ‘‘(a) Federal Prison Industries is a govern- ices in direct competition; and ment corporation of the District of Columbia or- States by noninmate workers, whenever the (L) a compilation of data relating work oppor- ganized to carry on such industrial operations Board determines that such an additional as- tunities for Federal inmates with work assign- in Federal correctional institutions as author- sessment is warranted, including upon a request ments with Federal Prison Industries provided ized by its Board of Directors. The manner and from an interested party presenting information by— that the Board deems to warrant such addi- (i) sales to Federal agencies pursuant to the extent to which such industrial operations are tional assessment prior to the Board’s consider- status of Federal Prison Industries as a manda- carried on in the various Federal correctional ation of the proposed agreement. tory source of supply during the period fiscal institutions shall be determined by the Attorney ‘‘(g) LIMITATIONS ON THE USE OF THE AUTHOR- year 1990 through fiscal year 2007; General. ITY.— (ii) sales to Federal agencies of services, both ‘‘(b)(1) The corporation shall be governed by a ‘‘(1) NO SALES BY FEDERAL PRISON INDUS- through non-competitive interagency transfers board of 11 directors appointed by the President. TRIES.—Federal Prison Industries is prohibited and as a result of direct competition from pri- ‘‘(2) In making appointments to the Board, from directly offering for commercial sale prod- vate-sector offerors during the period fiscal year the President shall assure that 3 members rep- ucts produced or services furnished by Federal 1990 though fiscal year 2007; resent the business community, 3 members rep- inmates, including through any form of elec- (iii) performance as a subcontrator to a Fed- resent organized labor, 1 member shall have spe- tronic commerce. eral prime contractor or Federal subcontractor cial expertise in inmate rehabilitation tech- ‘‘(2) DURATION.— at a higher tier beginning in fiscal year 1990; niques, 1 member represents victims of crime, 1 ‘‘(A) No proposed agreement pursuant to this (iv) introduction of inmate-furnished services member represents the interests of Federal in- subsection may be approved by the Board of Di- into the commercial market, beginning in the mate workers, and 2 additional members whose rectors after September 30, 2016. second quarter of fiscal year 1998; background and expertise the President deems ‘‘(B) Performance of all such agreements shall (v) alternative inmate work opportunities, be- appropriate. The members of the Board rep- be concluded prior to October 1, 2021.’’. ginning in fiscal year 2007, provided by agree- resenting the business community shall include, (b) REVIEW AND REPORTING BY THE ATTORNEY ments with— to the maximum extent practicable, representa- GENERAL.—Not less than biannually, beginning (I) non-profit organizations, pursuant to sec- tion of firms furnishing services as well as firms in fiscal year 2008, the Attorney General shall tion 4124a(b)(1) of title 18, United States Code, producing products, especially from those indus- meet in person jointly with the Chairman of the as added by section 10(b), and section 10(c); try categories from which Federal Prison Indus- Board of Directors and the Chief Executive Offi- (II) religious organizations, pursuant to sec- tries derives substantial sales. The members of cer of Federal Prison Industries to review the tion 4124a(b)(2) of title 18, United States Code; the Board representing organized labor shall, to

VerDate Aug 31 2005 02:04 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00037 Fmt 4634 Sfmt 6333 E:\CR\FM\A14SE7.016 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6574 CONGRESSIONAL RECORD — HOUSE September 14, 2006 the maximum practicable, include representa- ‘‘(B) Federal Prison Industries may locate available to the public at a price not exceeding tion from labor unions whose members are likely more than one workshop at a Federal correc- the cost of printing the report.’’. to be most affected by the sales of Federal Pris- tional facility. SEC. 16. DEFINITIONS. on Industries. ‘‘(C) Federal Prison Industries may operate a Chapter 307 of title 18, United States Code, is ‘‘(3) Each member shall be appointed for a workshop outside of a correctional facility if all amended by adding at the end the following term of 5 years, except that of members first ap- of the inmates working in such workshop are new section: pointed— classified as minimum security inmates.’’. ‘‘§ 4131. Definitions ‘‘(A) 2 members representing the business com- SEC. 14. TRANSITIONAL PERSONNEL MANAGE- ‘‘As used in this chapter— munity shall be appointed for a term of 3 years; MENT AUTHORITY. ‘‘(1) the term ‘assembly’ means the process of ‘‘(B) 2 members representing labor shall be ap- Any correctional officer or other employee of uniting or combining articles or components (in- pointed for a term of 3 years; Federal Prison Industries being paid with non- cluding ancillary finished components or assem- ‘‘(C) 2 members whose background and exper- appropriated funds who would be separated blies) so as to produce a significant change in tise the President deems appropriate for a term from service because of a reduction in the net form or utility, without necessarily changing or of 3 years; income of Federal Prison Industries during any altering the component parts; ‘‘(D) 1 member representing victims of crime fiscal year specified in section 4(e)(1) shall be— ‘‘(2) the term ‘current market price’ means, shall be appointed for a term of 3 years; (1) eligible for appointment (or reappointment) with respect to a specific product, the fair mar- ‘‘(E) 1 member representing the interests of in the competitive service pursuant to title 5, ket price of the product within the meaning of Federal inmate workers shall be appointed for a United States Code; section 15(a) of the Small Business Act (15 term of 3 years; (2) registered on a Bureau of Prisons reem- U.S.C. 644(a)), at the time that the contract is to ‘‘(F) 1 member representing the business com- ployment priority list; and be awarded, verified through appropriate price munity shall be appointed for a term of 4 years; (3) given priority for any other position within analysis or cost analysis, including any costs re- ‘‘(G) 1 member representing the business com- the Bureau of Prisons for which such employee lating to transportation or the furnishing of any munity shall be appointed for a term of 4 years; is qualified. ancillary services; and SEC. 15. FEDERAL PRISON INDUSTRIES REPORT ‘‘(3) the term ‘import-sensitive product’ means ‘‘(H) the members having special expertise in TO CONGRESS. a product which, according to Department of inmate rehabilitation techniques shall be ap- Section 4127 of title 18, United States Code, is Commerce data, has experienced competition pointed for a term of 5 years. amended to read as follows: from imports at an import to domestic produc- ‘‘(4) The President shall designate 1 member of ‘‘§ 4127. Federal Prison Industries report to tion ratio of 25 percent or greater; the Board as Chairperson. The Chairperson may Congress ‘‘(4) the term ‘labor-intensive manufacture’ designate a Vice Chairperson. means a manufacturing activity in which the ‘‘(5) Members of the Board may be re- ‘‘(a) IN GENERAL.—Pursuant to chapter 91 of title 31, the board of directors of Federal Prison value of inmate labor constitutes at least 10 per- appointed. cent of the estimate unit cost to produce the ‘‘(6) Any vacancy on the Board shall be filled Industries shall submit an annual report to Congress on the conduct of the business of the item by Federal Prison Industries; in the same manner as the original appointment. ‘‘(5) the term ‘manufacture’ means the process Any member appointed to fill a vacancy occur- corporation during each fiscal year and the con- dition of its funds during the fiscal year. of fabricating from raw or prepared materials, ring before the expiration of the term for which so as to impart to those materials new forms, the member’s predecessor was appointed shall be ‘‘(b) CONTENTS OF REPORT.—In addition to the matters required by section 9106 of title 31, qualities, properties, and combinations; appointed for the remainder of that term. ‘‘(6) the term ‘reasonable share of the market’ ‘‘(7) The members of the Board shall serve and such other matters as the board considers appropriate, a report under subsection (a) shall means a share of the total purchases by the without compensation. The members of the Federal departments and agencies, as reported Board shall be allowed travel expenses, includ- include— ‘‘(1) a statement of the amount of obligations to the Federal Procurement Data System for— ing per diem in lieu of subsistence, at rates au- ‘‘(A) any specific product during the 3 pre- issued under section 4129(a)(1) of this title dur- thorized for employees of agencies under sub- ceding fiscal years, that does not exceed 20 per- chapter I of chapter 57 of title 5, United States ing the fiscal year; ‘‘(2) an estimate of the amount of obligations cent of the Federal market for the specific prod- Code, to attend meetings of the Board and, with that will be issued in the following fiscal year; uct; and the advance approval of the Chairperson of the ‘‘(B) any specific service during the 3 pre- ‘‘(3) an analysis of— Board, while otherwise away from their homes ‘‘(A) the corporation’s total sales for each spe- ceding fiscal years, that does not exceed 5 per- or regular places of business for purposes of du- cific product and type of service sold to the Fed- cent of the Federal market for the specific serv- ties as a member of the Board. eral agencies and the commercial market; ice; and ‘‘(7) the term ‘services’ has the meaning given ‘‘(8)(A) The Chairperson of the Board may ap- ‘‘(B) the total purchases by each Federal the term ‘service contract’ by section 37.101 of point and terminate any personnel that may be agency of each specific product and type of the Federal Acquisition Regulation (48 C.F.R. necessary to enable the Board to perform its du- service; ties. ‘‘(C) the corporation’s share of such total Fed- 36.102), as in effect on July 1, 2004.’’. ‘‘(B) Upon request of the Chairperson of the eral Government purchases by specific product SEC. 17. IMPLEMENTING REGULATIONS AND PRO- Board, a Federal agency may detail a Federal and type of service; and CEDURES. Government employee to the Board without re- ‘‘(D) the number and disposition of disputes (a) FEDERAL ACQUISITION REGULATION.— (1) PROPOSED REVISIONS.—Proposed revisions imbursement. Such detail shall be without inter- submitted to the heads of the Federal depart- to the Governmentwide Federal Acquisition Reg- ruption or loss of civil service status or privilege. ments and agencies pursuant to section 4124(e) ulation to implement the amendments made by ‘‘(9) The Chairperson of the Board may pro- of this title; this Act shall be published not later than 60 cure temporary and intermittent services under ‘‘(4) an allocation of the profits of the cor- days after the date of the enactment of this Act section 3109(b) of title 5, United States Code. poration, both gross and net, to— ‘‘(c) The Director of the Bureau of Prisons ‘‘(A) educational, training, release-prepara- and provide not less than 60 days for public shall serve as Chief Executive Officer of the Cor- tion opportunities for inmates; comment. (2) FINAL REGULATIONS.—Final regulations poration. The Director shall designate a person ‘‘(B) opening new factories; and to serve as Chief Operating Officer of the Cor- ‘‘(C) improving the productivity and competi- shall be published not later than 180 days after poration.’’. tiveness of existing factories; the date of the enactment of this Act and shall (b) CONTINUED GOVERNANCE.—The members of ‘‘(5) an analysis of the inmate workforce that be effective on the date that is 30 days after the the Board of Directors serving on the date of en- includes— date of publication. actment of this Act, and the person selected by ‘‘(A) the number of inmates employed; (3) PUBLIC PARTICIPATION.—The proposed reg- them as Chairman, shall continue to exercise the ‘‘(B) the number of inmates utilized to ulations required by subsection (a) and the final duties and responsibilities of the Board until the produce products or furnish services sold in the regulations required by subsection (b) shall af- earlier of— commercial market; ford an opportunity for public participation in (1) the date on which the President has ap- ‘‘(C) the number and percentage of employed accordance with section 22 of the Office of Fed- pointed at least 6 members of the Board and des- inmates by the term of their incarceration; and eral Procurement Policy Act (41 U.S.C. 418b). ignated a new Chairman, pursuant to section ‘‘(D) the various hourly wages paid to inmates (b) BOARD OF DIRECTORS.— (1) IN GENERAL.—The Board of Directors of 4121 of title 18, United States Code (as added by employed with respect to the production of the Federal Prison Industries shall issue regulations section 12(a) of this Act); or various specific products and types of services defining the terms specified in paragraph (2). (2) the date that is 365 days after the date of authorized for production and sale to Federal (2) TERMS TO BE DEFINED.—The Board of Di- enactment of this Act. agencies and in the commercial market; and rectors shall issue regulations for the following ‘‘(6) data concerning employment obtained by SEC. 13. PROVIDING ADDITIONAL MANAGEMENT terms: FLEXIBILITY TO FEDERAL PRISON former inmates upon release to determine (A) Prison-made product. INDUSTRIES OPERATIONS. whether the employment provided by Federal (B) Prison-furnished service. Section 4122(b)(3) of title 18, United States Prison Industries during incarceration provided (C) Specific product. Code, is amended— such inmates with knowledge and skill in a (D) Specific service. (1) by striking ‘‘(3)’’ and inserting ‘‘(3)(A)’’; trade or occupation that enabled such former (3) SCHEDULE FOR REGULATORY DEFINITIONS.— and inmate to earn a livelihood upon release. (A) Proposed regulations relating to the mat- (2) by adding at the end the following new ‘‘(c) PUBLIC AVAILABILITY.—Copies of an an- ter described in subsection (b)(2) shall be pub- paragraphs: nual report under subsection (a) shall be made lished not later than 60 days after the date of

VerDate Aug 31 2005 02:04 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00038 Fmt 4634 Sfmt 6333 E:\CR\FM\A14SE7.016 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6575 enactment of this Act and provide not less than Prison Industries to file a bid protest in accord- Page 21, line 23, strike ‘‘2009’’ and insert 60 days for public comment. ance with other law or regulation in effect on ‘‘2010’’. (B) Final regulations relating to the matters the date of the enactment of this Act. Page 21, line 24, strike ‘‘2010’’ and insert described in subsection (b)(2) shall be published (b) JAVITS-WAGNER-O’DAY ACT.—Nothing in ‘‘2011’’. not less than 180 days after the date of enact- this Act is intended to modify the Javits-Wag- Page 21, line 25, strike ‘‘2011’’ and insert ment of this Act and shall be effective on the ner-O’Day Act (41 U.S.C. 46 et seq.). ‘‘2012’’. date that is 30 days after the date of publica- Page 23, line 1, strike ‘‘2011’’ and ‘‘2012’’. SEC. 19. EFFECTIVE DATE AND APPLICABILITY. Page 33, lines 16 and 20, strike ‘‘2004’’ each tion. (a) EFFECTIVE DATE.—Except as provided in place it appears and insert ‘‘2006’’. (4) ENHANCED OPPORTUNITIES FOR PUBLIC PAR- subsection (b), this Act and the amendments Page 33, line 21, strike ‘‘2010’’ and insert TICIPATION AND SCRUTINY.— made by this Act shall take effect on the date of ‘‘2011’’. (A) ADMINISTRATIVE PROCEDURE ACT.—Regu- enactment of this Act. Page 36, line 26, strike ‘‘2008’’ and insert lations issued by the Board of Directors shall be (b) APPLICABILITY.—Section 4124 of title 18, ‘‘2007’’. subject to notice and comment rulemaking pur- United States Code, as amended by section 2, Page 55, lines 3 and 4, strike ‘‘International suant to section 553 of title 5, United States shall apply to any requirement for a product or Trade Commission’’ and insert ‘‘Department Code. Unless determined wholly impracticable or service offered by Federal Prison Industries of Commerce’’. unnecessary by the Board of Directors, the pub- needed by a Federal department or agency after Page 61, line 2, strike ‘‘2007’’ and insert lic shall be afforded 60 days for comment on pro- the effective date of the final regulations issued ‘‘2009’’. posed regulations. pursuant to section 17(a)(2), or after September Page 61, line 4, strike ‘‘2010’’ and insert (B) ENHANCED OUTREACH.—The Board of Di- 30, 2007, whichever is earlier. ‘‘2012’’. Page 61, line 8, strike ‘‘2013’’ and insert rectors shall use means designed to most effec- SEC. 20. CLERICAL AMENDMENTS. tively solicit public comment on proposed regu- ‘‘2014’’. The table of sections for chapter 307 of title 18, Page 66, strike lines 1 through 3, and insert lations, procedures, and policies and to inform United States Code, is amended— the affected public of final regulations, proce- the following (and conform the table of con- (1) by amending the item relating to section tents accordingly): dures, and policies. 4121 to read as follows: (C) OPEN MEETING PROCESSES.—The Board of SEC. 13. MANAGEMENT MATTERS. Directors shall take all actions relating to the ‘‘4121. Federal Prison Industries; Board of Di- Page 66, line 4, insert ‘‘(a) ADDITIONAL adoption of regulations, operating procedures, rectors: executive management.’’; FLEXIBILITIES.—’’ before ‘‘Section 4122(b)(3)’’. Page 66, after line 15, insert the following: guidelines, and any other matter relating to the (2) by amending the item relating to section (b) COST ACCOUNTING SYSTEM.— governance and operation of Federal Prison In- 4124 to read as follows: (1) ESTABLISHMENT.—Federal Prison Indus- dustries based on deliberations and a recorded ‘‘4124. Governmentwide procurement policy re- tries shall establish a cost accounting sys- vote conducted during a meeting open to the lating to purchases from Federal tem that meets the requirements of part 30 public, unless closed pursuant to section 552(b) Prison Industries.’’; (Cost Accounting Standards Administration) of title 5, United States Code. (3) by inserting after the item relating to sec- of the Federal Acquisition Regulation (48 (c) SECRETARY OF LABOR.— tion 4124 the following new items: C.F.R. part 30). The compliance of the cost (1) SCHEDULE FOR REGULATORY ACTION.— accounting system with such standards shall Upon receipt of a request from the Federal Pris- ‘‘4124a. Additional inmate work opportunities through public service activities. be annually verified as part of the inde- on Industries Board of Directors, pursuant to pendent audit of Federal Prison Industries, section 11(d)(2), to establish an inmate training ‘‘4124b. Re-entry employment preparation through work-based training and Inc., pursuant to section 9106(b) of title 31, wage pursuant to section 14(a) of the Fair Labor United States Code. Standards Act of 1938 (29 U.S.C. 214(a)), the apprenticeship.’’; (2) APPLICATION OF RELATED PROVISION.— Secretary of Labor, in consultation with the At- (4) by amending the item relating to section 4127 to read as follows: Section 4124(c)(2) of title 18, United States torney General, shall issue— Code, shall apply when Federal Prison Indus- (A) an advanced notice of proposed rule- ‘‘4127. Federal Prison Industries report to Con- tries has been found to have a complaint cost making within 60 days; gress.’’; accounting system pursuant to paragraph (B) an interim regulation with concurrent re- and (1). quest for public comments within 180 days; and (5) by adding at the end the following new The Acting CHAIRMAN. Pursuant to (C) a final regulation within 365 days. items: (2) ALTERNATIVE TO TIMELY ISSUANCE.—In the House Resolution 997, the gentleman ‘‘4130. Construction of provisions. event that the Secretary of Labor fails to issue from Wisconsin (Mr. SENSENBRENNER) ‘‘4131. Definitions.’’. an interim inmate training wage by the date re- and a Member opposed each will con- quired by paragraph (1)(B), the Federal Prison The Acting CHAIRMAN. No amend- trol 5 minutes. Industries Board of Directors may prescribe an ment to the committee amendment is The Chair recognizes the gentleman interim inmate training wage, which shall be in in order except the amendments print- from Wisconsin. an amount not less than 50 percent of the ed in House Report 109–647. Each Mr. SENSENBRENNER. Mr. Chair- amount of the minimum wage prescribed pursu- amendment may be offered only in the man, I yield myself such time as I may ant to section 6(a)(1) of such Act (29 U.S.C. order printed in the report, by a Mem- consume. 206(a)(1)). Mr. Chairman, this manager’s (3) CONTINUED USE OF INTERIM INMATE TRAIN- ber designated in the report, shall be ING WAGE.— considered read, shall be debatable for amendment would make technical cor- (A) The interim inmate training wage issued the time specified in the report, equal- rections to H.R. 2965. The amendment pursuant to paragraph (1)(B) or prescribed ly divided and controlled by the pro- modifies 13 dates in various provisions under paragraph (2) shall remain in effect until ponent and an opponent of the amend- of the bill to reflect the passage of the effective date of a final regulation, issued ment, shall not be subject to amend- time since its introduction, and also pursuant to paragraph (1)(C). ment and shall not be subject to a de- corrects one sectional cross-reference, (B) An eligible entity having an approved mand for division of the question. and a reference to an executive branch agreement with Federal Prison Industries pur- AMENDMENT NO. 1 OFFERED BY MR. agency. suant to section 4124b of title 18, United States In addition, this amendment adds a Code, may continue to pay participating in- SENSENBRENNER mates at the wages prescribed in the agreement The Acting CHAIRMAN. It is now in provision to correct an amendment for the duration of the agreement, if those order to consider amendment No. 1 that was accepted during the Judiciary wages comply with the standards of the interim printed in House Report 109–647. Committee’s markup, which would re- inmate training wage issued pursuant to para- Mr. SENSENBRENNER. Mr. Chair- quire Federal Prison Industries, Inc., graph (1)(B) or prescribed under paragraph (2). man, I offer an amendment. to establish a cost accounting system. (4) EXISTING AGREEMENTS WITH NONCON- The Acting CHAIRMAN. The Clerk This technical change is necessary to FORMING WAGES.—Any for-profit business con- implement the amendment. Finally, cern having an agreement with Federal Prison will designate the amendment. The text of the amendment is as fol- the proposed amendment makes a Industries in effect on the date of enactment of grammatical correction. this Act, under which Federal inmates are fur- lows: The changes are all technical in na- nishing services that are being introduced into Amendment No. 1 offered by Mr. SENSEN- the commercial market, may continue to pay ture, but essential to the proper imple- BRENNER: mentation of the bill. I urge my col- wages at rates specified in the agreement for the Page 8, lines 13 and 14, strike ‘‘offer the duration of the term of such agreement. price of’’ and insert ‘‘offered price’’. leagues to support the amendment. SEC. 18. RULES OF CONSTRUCTION. Page 20, line 3, strike ‘‘(i)’’ and insert ‘‘(j)’’. Mr. Chairman, I reserve the balance (a) AGENCY BID PROTESTS.—Subsection (e) of Page 21, line 21, strike ‘‘2007’’ and insert of my time. section 4124 of title 18, United States Code, as ‘‘2008’’. The Acting CHAIRMAN. Does the amended by section 2, is not intended to alter Page 21, line 22, strike ‘‘2008’’ and insert gentleman from Michigan claim the any rights of any offeror other than Federal ‘‘2009’’. time in opposition?

VerDate Aug 31 2005 02:04 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.016 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6576 CONGRESSIONAL RECORD — HOUSE September 14, 2006 Mr. CONYERS. I do. It is not the wholesale authority for Mr. SENSENBRENNER. It is the in- The Acting CHAIRMAN. The gen- the Attorney General to direct any tention of the gentleman from Wis- tleman from Michigan is recognized for agency to award all of its FPI con- consin to yield for the closing state- 5 minutes. tracts, but only as deemed necessary or ment to the gentleman from Michigan, Mr. CONYERS. Mr. Chairman, I rise appropriate by the Attorney General, but I would ask the gentleman from to support the amendment because it is and it only covers Justice Department Virginia to use up his time and then technical in nature, and I am sure agencies. Mr. CONYERS can close. thereby that there will be little objec- Remember, Mr. Chairman, we are Mr. SCOTT of Virginia. Mr. Chair- tion to it. trying to create jobs and manage the man, I yield myself the balance of my Mr. Chairman, I yield back the bal- prisons. That is what this amendment time. ance of my time. would help the Attorney General do. I I would close by saying this amend- Mr. SENSENBRENNER. Mr. Chair- hope it would be the body’s pleasure to ment would allow the Attorney Gen- man, I yield myself the balance of my adopt the amendment. eral to make sure that there are time. Mr. Chairman, I reserve the balance enough jobs in the Federal Prison In- I am happy that between the time of my time. dustries to help manage the prisons. the gentleman rose to oppose the Mr. SENSENBRENNER. Mr. Chair- We know the more jobs there are, the amendment and the time he started man, I claim the time in opposition to less crime there will be in the future. speaking he was persuaded to support the amendment. That is the purpose of this amendment, the amendment. The Acting CHAIRMAN. The gen- managing the prisons and reducing Mr. Chairman, I yield back the bal- tleman from Wisconsin is recognized. crime. ance of my time. Mr. SENSENBRENNER. Mr. Chair- I would hope we would adopt that The Acting CHAIRMAN. The ques- man, I yield myself such time as I may goal by allowing prisons to be managed tion is on the amendment offered by consume. better and reducing crime by adopting the gentleman from Wisconsin (Mr. Mr. Chairman, the underlying bill the amendment. SENSENBRENNER). permits sole-source contracts between Mr. Chairman, I yield back the bal- The amendment was agreed to. the Federal Bureau of Prisons and the ance of my time. AMENDMENT NO. 2 OFFERED BY MR. SCOTT OF Federal Prison Industries. This amend- Mr. SENSENBRENNER. Mr. Chair- VIRGINIA ment would extend the sole-source au- man, I yield the balance of my time to The Acting CHAIRMAN. It is now in thority to the entire Department of the gentleman from Michigan (Mr. order to consider amendment No. 2 Justice. CONYERS). printed in House Report 109–647. Existing law allows a head of any ex- Mr. CONYERS. Mr. Chairman, I Mr. SCOTT of Virginia. Mr. Chair- ecutive agency to make a sole-source thank the gentleman for yielding me man, I offer an amendment. contract award, if the agency head this time. The Acting CHAIRMAN. The Clerk makes a determination that such an When you examine this amendment, will designate the amendment. award is in the ‘‘public interest.’’ Fol- this creates a loophole that could un- The text of the amendment is as fol- lowing such a determination, Congress dermine the entire bill and any at- lows: must be notified and the contract tempt that we have toward educating Amendment No. 2 offered by Mr. SCOTT of award suspended for 30 calendar days. inmates, teaching vocational skills, Virginia: This bill expressly provides the At- and getting contracts for jobs because Page 7, line 21, insert before the period the following: ‘‘and, in the discretion of the At- torney General to grant a noncompeti- I, for one, am not for putting this into torney General, other agencies and offices of tive contract whenever it is deemed the tender hands and the gentle mer- the Department of Justice, on a contract-by- necessary to maintain prison safety. cies of the Attorney General of the contract basis’’. Additionally, the bill allows the FPI United States. The Acting CHAIRMAN. Pursuant to board of directors to exceed the level I mean, I have never heard them even House Resolution 997, the gentleman specified for FPI sales if good cause is suggest that they support anything in from Virginia (Mr. SCOTT) and a Mem- shown, which would include maintain- this bill. So for me to want to create ber opposed each will control 5 min- ing inmate equipment. this carve-out to allow the Attorney utes. DOJ operates a number of agencies, General to direct agencies within the The Chair recognizes the gentleman and the cost to the private sector in Department of Justice to award indi- from Virginia. lost jobs and businesses would be ex- vidual contracts to Federal Prison In- Mr. SCOTT of Virginia. Mr. Chair- tensive. In addition, the Department of dustries on a noncompetitive basis is man, I yield myself such time as I may Justice contains several law enforce- going way too far in terms of us trying consume. ment agencies, and requiring their per- to bring some justice to this bill. Mr. Chairman, this amendment sonnel to utilize products made by in- Now, we have to control our emo- would also authorize the Justice De- mates may raise safety concerns. tions here, ladies and gentlemen. This partment to acquire products from the Finally, the purpose of this legisla- is about how we help people who have Federal Prison Industries on a non- tion is to ensure that the government violated the law return to society. competitive basis as deemed appro- corporations do not take away oppor- There is more than one way to do it. priate by the Attorney General. tunities from private businesses and to There are several ways to do it. We are Along with the Bureau of Prisons, ensure that the taxpayers’ money is in the process of creating what we the Attorney General has the responsi- wisely spent. The amendment would think will be a new and better and bility for the safe, productive operation undermine that goal by denying the en- more balanced way than the way that of Federal prisons and should, there- tire Department of Justice access to we have now. fore, have the authority to ensure that the benefits of competitive pricing, This is not slamming the Federal all operations under his control are thereby forcing the taxpayer to bear Prison Industries. As a matter of fact, available to be directed to this effort. the burden of higher prices. under the provisions of this bill, they And insofar as Federal Prison Indus- I urge my colleagues to reject this will be able to operate with nonprofits, tries program is concerned, we know it amendment. with government organizations, with is an effective tool to help the prison Mr. Chairman, I reserve the balance churches. There are a lot of ways to operations. of my time. deal with this. This could be a much more realistic PARLIAMENTARY INQUIRY The important thing is we all come option for the Attorney General to en- Mr. SENSENBRENNER. Parliamen- together and get the money. Somebody sure against disruption at a prison tary inquiry, Mr. Chairman. Do either said $75 million. Do you know how far from the loss of jobs and contracts Mr. CONYERS or I have the right to $75 million goes in the expenditures than the notion in the bill that he close? that we are making on Iraq every day? would have to declare the prison un- The Acting CHAIRMAN. The gen- This should not be the toughest assign- manageable without a particular con- tleman from Wisconsin has the right to ment that those of us who support re- tract. That is what is in the bill. close. habilitation programs would make.

VerDate Aug 31 2005 02:04 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.037 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6577 I urge that if there is any one amend- realistically produce sufficient work dent. The bill would clarify that FPI ment that should be rejected, it would opportunities for inmates to replace cannot sell either goods or services in be one that would leave this measure the loss of jobs from the elimination of the commercial marketplace. It would to the tender mercies of the Attorney mandatory source and the loss of cur- grandfather all contracts that are oper- General of the United States. rent service contract jobs. ational at the time of the agreement. I thank the gentleman for yielding Stable FPI jobs are critical to the ef- That for the first time specifically au- me this time. ficient and safe operation of Federal thorized FPI to enter into services con- Mr. SENSENBRENNER. Mr. Chair- prisons and the rehabilitation of in- tracts with Federal agencies. However, man, I yield back the balance of my mates which correlates directly with it would not allow new contracts for time. public safety. There is no record to services in the commercial market- The Acting CHAIRMAN. The ques- suggest that this part of FPI is broken place. tion is on the amendment offered by beyond the philosophical view that it The amendment would permit FPI to the gentleman from Virginia (Mr. represents some kind of unfair com- continue its 1998 self-authorized expan- SCOTT). petition to American businesses and sion into the commercial services mar- The question was taken; and the Act- workers; but in this case, there is vir- ketplace without restriction. It would ing Chairman announced that the noes tually no competition. The reality is continue to subject non-inmate work- appeared to have it. that this is not true, and no one has ers being paid market driven wages, Mr. SCOTT of Virginia. Mr. Chair- suggested that FPI service contracts and the firms that employ them to un- man, I demand a recorded vote. today have any significant impact on fair competition, using FPI workers The Acting CHAIRMAN. Pursuant to American businesses or workers. being paid an average FPI wage of $.90 clause 6 of rule XVIII, further pro- Let us at least continue the level of an hour. If you are for the minimum ceedings on the amendment offered by service contracts we have now in an ef- wage, you would have to be against the gentleman from Virginia will be fort to reduce crime in the future. We this amendment, because there is com- postponed. are trying to reduce crime, trying to petition. It is now in order to consider amend- help manage the prisons. This will be Additionally, telemarketing con- ment No. 3 printed in House Report go a little way into preserving some of tracts, which are the most common 109–647. those opportunities. forms of services provided, might allow It is now in order to consider amend- Mr. Chairman, I reserve the balance inmates access to the personal finan- ment No. 4 printed in House Report of my time. cial information of individuals, raising 109–647. b 1230 significant privacy concerns. If you are AMENDMENT NO. 5 OFFERED BY MR. SCOTT OF for privacy, you ought to be against VIRGINIA Mr. SENSENBRENNER. Mr. Chair- the amendment. The Acting CHAIRMAN. It is now in man, I rise in opposition to the amend- For these reasons, I hope the amend- order to consider amendment No. 5 ment. ment is defeated. printed in House Report 109–647. The Acting CHAIRMAN. The gen- Mr. Chairman, I reserve the balance Mr. SCOTT of Virginia. Mr. Chair- tleman from Wisconsin is recognized of my time. man, I offer an amendment. for 5 minutes. Mr. SCOTT of Virginia. Mr. Chair- The Acting CHAIRMAN. The Clerk Mr. SENSENBRENNER. Mr. Chair- man, I yield myself such time as I may will designate the amendment. man, this amendment is a bad one be- consume, and just acknowledge this The text of the amendment is as fol- cause it would authorize the FPI to sell amendment is just designed to preserve lows: inmate-furnished services in the com- a few of the jobs that we have got left. Amendment No. 5 offered by Mr. SCOTT of mercial market, which it first initiated The amendments that passed in 2000 Virginia: in August of 1998. and 2001 have cost. If they had not Page 35, line 6, insert after ‘‘services’’ the In February of that year, FPI ob- passed, we would have 9,000 more jobs following: ‘‘, except that the Board of Direc- tained a legal memorandum from the than we have now. We have already tors may authorize Federal Prison Industries Department of Justice Criminal Divi- to continue providing to private, for-profit lost jobs. We would have had a lot more businesses services of the type and to the ex- sion stating that the sale of inmate- jobs than we had. tent being performed on the date of the en- furnished services was not expressly We are just trying to preserve job op- actment of the Federal Prison Industries prohibited by existing law, notwith- portunities, which have been shown to Competition in Contracting Act of 2006, on a standing the fact that 18 U.S.C. section reduce crime. Now, I know it has al- competitive basis’’. 1761(a) generally prohibits the intro- ready been said that trying to reduce The Acting CHAIRMAN. Pursuant to duction of results of inmate labor into crime is misguided around here, but House Resolution 997, the gentleman the commercial market. that is the goal of the bill, and every- from Virginia (Mr. SCOTT) and a Mem- This view was later adopted as the body who has studied it knows that is ber opposed each will control 5 min- Department’s official position, and what would happen. If you have more utes. though not issued by the Office of jobs, you will have less crime. That is The Chair recognizes the gentleman Legal Counsel, the then Attorney Gen- all we are trying to do. from Virginia. eral offered FPI’s new commercial Mr. Chairman, I reserve the balance Mr. SCOTT of Virginia. Mr. Chair- market service initiative based on the of my time. man, I yield myself such time as I may Criminal Division’s opinion. Mr. SENSENBRENNER. Mr. Chair- consume. FPI’s 1934 authorizing statute pro- man, I yield the balance of my time to Mr. Chairman, this amendment hibits sales into the commercial mar- the gentleman from Michigan (Mr. would allow the level of service con- ket. The Attorney General was per- CONYERS). tracts now being performed by FPI to suaded to authorize commercial sales Mr. CONYERS. I thank the gen- continue at that level while prohib- of inmate-furnished services by FPI be- tleman from Wisconsin. iting further expansion. There is no cause neither FPI’s authorizing statute Mr. Chairman, this amendment mandatory source provision for service nor the generally applicable prohibi- raises an interesting question. We ex- contracts so they are already competi- tion, also from the 1930s, specifically clude services, for-profit business serv- tive. Most of the contracts involve mentions services. In the 1930s, services ices, but we include everything else. work that would otherwise be done off- were not a large part of the economy, What is the difference between the shore, so FPI’s competition is with for- so they were not specifically men- services and the products? We have to eign workers, not Americans. tioned by the legislation. move in an organized fashion or not. There have been no complaints about However, the clear intent of the stat- To bifurcate this into services being service contracts. Service contracts ute was to prohibit such sales in the excluded, I think, doesn’t make any constitute a significant portion of the commercial market, because they sense at all. inmate work opportunities now in the would create unfair competition and Now, we are back to the continued program. None of these authorities in- cause liability concerns. The reinter- mantra that less jobs mean more dividually or combined in the bill will pretation reversed 75 years of prece- crime, so if you are for less crime, you

VerDate Aug 31 2005 04:31 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.041 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6578 CONGRESSIONAL RECORD — HOUSE September 14, 2006 are for more jobs. But what we are Holden McDermott Sabo Pallone Ryan (WI) Taylor (NC) doing, in this bill, goes back to an ear- Holt McHugh Saxton Pascrell Ryun (KS) Terry Honda McKinney Schakowsky Paul Salazar Thomas lier consideration in which we said, Hyde Meeks (NY) Scott (VA) Pearce Sa´ nchez, Linda Thompson (CA) which the gentleman from Virginia Jackson (IL) Melancon Serrano Pelosi T. Thornberry said, that we could guarantee these Jackson-Lee Miller (NC) Sherwood Pence Sanchez, Loretta Tiahrt Peterson (MN) Sanders jobs and the $75 million, that this (TX) Mollohan Shimkus Tiberi Johnson, E. B. Moore (WI) Spratt Peterson (PA) Schiff Tierney Pickering Schmidt would work out. Jones (OH) Moran (VA) Taylor (MS) Towns Kanjorski Murtha Pitts Schwartz (PA) Of course, I don’t know where we get Thompson (MS) Turner Kolbe Pastor Platts Schwarz (MI) Udall (CO) Udall (NM) guarantee tickets around here. But I Kucinich Payne Poe Scott (GA) Visclosky am going to work to the best of my LaHood Petri Pombo Sensenbrenner Upton ability, and I have been in this correc- Larson (CT) Price (NC) Wasserman Pomeroy Sessions Van Hollen Schultz Vela´ zquez tions business for quite a while, to Lewis (CA) Rahall Porter Shadegg Lofgren, Zoe Rogers (KY) Watson Price (GA) Shaw Walden (OR) make sure that we get the money. It is Lungren, Daniel Ross Wolf Pryce (OH) Shays Walsh very, very important that we do that. E. Rush Wynn Putnam Sherman Wamp I am going to urge our Members not Radanovich Shuster Waters NOES—339 Ramstad Simmons Watt to buy into this half-of-a-loaf notion Rangel Simpson Waxman Abercrombie DeGette Kelly that services should somehow be al- Regula Skelton Weiner Ackerman Delahunt Kennedy (MN) lowed to continue and Federal Prison Rehberg Slaughter Weldon (FL) Aderholt DeLauro Kennedy (RI) Industries not. Reichert Smith (NJ) Weldon (PA) Akin Dent Kildee Renzi Smith (TX) The Acting CHAIRMAN. The ques- Alexander Diaz-Balart, L. Kilpatrick (MI) Weller Reyes Smith (WA) Westmoreland Allen Diaz-Balart, M. Kind Reynolds tion is on the amendment offered by Snyder Wexler Andrews Dicks King (IA) Rogers (AL) Sodrel the gentleman from Virginia (Mr. Whitfield Baca Doolittle King (NY) Rogers (MI) Solis Wicker SCOTT). Baird Doyle Kingston Rohrabacher Souder The question was taken; and the Act- Baker Drake Kirk Ros-Lehtinen Stearns Wilson (NM) ing Chairman announced that the noes Baldwin Dreier Kline Rothman Stupak Wilson (SC) Barrett (SC) Duncan Knollenberg Roybal-Allard Sweeney Woolsey appeared to have it. Bartlett (MD) Edwards Kuhl (NY) Royce Tancredo Wu Mr. SCOTT of Virginia. Mr. Chair- Barton (TX) Ehlers Langevin Ruppersberger Tanner Young (AK) man, I demand a recorded vote. Bass Emanuel Lantos Ryan (OH) Tauscher Young (FL) Bean Emerson Larsen (WA) The Acting CHAIRMAN. Pursuant to Beauprez Engel Latham NOT VOTING—16 Becerra English (PA) LaTourette clause 6 of rule XVIII, further pro- Boustany Dingell Ney Berkley Eshoo Leach ceedings on the amendment offered by Case Hoyer Stark Berman Etheridge Lee Cleaver Johnson, Sam Strickland the gentleman from Virginia will be Biggert Evans Levin Cooper Kaptur postponed. Bilbray Everett Lewis (GA) Sullivan Culberson Keller Bilirakis Feeney Lewis (KY) SEQUENTIAL VOTES POSTPONED IN COMMITTEE Davis (FL) Murphy Bishop (NY) Ferguson Linder OF THE WHOLE Bishop (UT) Fitzpatrick (PA) Lipinski The Acting CHAIRMAN. Pursuant to Blackburn Flake LoBiondo b 1306 clause 6 of rule XVIII, proceedings will Blumenauer Foley Lowey now resume on those amendments on Blunt Forbes Lucas Ms. HARRIS, Messrs. SIMPSON, Boehlert Ford Lynch SOUDER, SMITH of New Jersey, Mrs. which further proceedings were post- Boehner Fortenberry Mack poned, in the following order: Bonilla Fossella Maloney MALONEY, Mrs. NORTHUP, Ms. LEE, Bonner Foxx Manzullo Messrs. CROWLEY, MEEK of Florida, Amendment No. 2 by Mr. SCOTT of Bono Frank (MA) Marchant Virginia. and CANNON changed their vote from Boozman Franks (AZ) Markey ‘‘aye’’ to ‘‘no.’’ Amendment No. 5 by Mr. SCOTT of Boren Frelinghuysen Marshall Virginia. Boswell Gallegly Matheson Messrs. TAYLOR of Mississippi, Boucher Garrett (NJ) Matsui KUCINICH, CAMPBELL of California, The Chair will reduce to 5 minutes Bradley (NH) Gerlach McCarthy RAHALL, MCHUGH, and HENSAR- the time for the second electronic vote Brady (PA) Gibbons McCaul (TX) LING changed their vote from ‘‘no’’ to in this series. Brady (TX) Gilchrest McCollum (MN) Brown (OH) Gillmor McCotter ‘‘aye.’’ AMENDMENT NO. 2 OFFERED BY MR. SCOTT OF Brown (SC) Gingrey McCrery So the amendment was rejected. VIRGINIA Brown-Waite, Gohmert McGovern Ginny Gonzalez McHenry The result of the vote was announced The Acting CHAIRMAN. The pending as above recorded. business is the demand for a recorded Burgess Goode McIntyre Burton (IN) Goodlatte McKeon Stated against: vote on the amendment offered by the Butterfield Gordon McMorris Mr. MURPHY. Mr. Chairman, on rollcall No. gentleman from Virginia on which fur- Buyer Granger Rodgers 441, had I been present, I would have voted ther proceedings were postponed and Calvert Graves McNulty Camp (MI) Green, Al Meehan ‘‘no.’’ on which the noes prevailed by voice Cannon Green, Gene Meek (FL) AMENDMENT NO. 5 OFFERED BY MR. SCOTT OF vote. Cantor Hall Mica VIRGINIA The Clerk will redesignate the Capito Harman Michaud amendment. Capps Harris Millender- The Acting CHAIRMAN. The pending Capuano Hart McDonald business is the demand for a recorded The Clerk redesignated the amend- Cardin Hastings (WA) Miller (FL) ment. Cardoza Hayes Miller (MI) vote on the amendment offered by the Carnahan Hayworth Miller, Gary gentleman from Virginia (Mr. SCOTT) RECORDED VOTE Carter Herger Miller, George on which further proceedings were The Acting CHAIRMAN. A recorded Castle Herseth Moore (KS) postponed and on which the noes pre- vote has been demanded. Chandler Higgins Moran (KS) Chocola Hinojosa Musgrave vailed by voice vote. A recorded vote was ordered. Coble Hobson Myrick The Clerk will redesignate the The vote was taken by electronic de- Cole (OK) Hoekstra Nadler amendment. vice, and there were—ayes 77, noes 339, Conaway Hooley Napolitano Conyers Hostettler Neal (MA) The Clerk redesignated the amend- not voting 16, as follows: Costa Hulshof Neugebauer ment. Costello Hunter Northup [Roll No. 441] RECORDED VOTE Cramer Inglis (SC) Norwood AYES—77 Crenshaw Inslee Nunes The Acting CHAIRMAN. A recorded Bachus Clay Filner Crowley Israel Nussle vote has been demanded. Barrow Clyburn Green (WI) Cubin Issa Oberstar Berry Cummings Grijalva Cuellar Istook Obey A recorded vote was ordered. Bishop (GA) Davis (IL) Gutierrez Davis (AL) Jefferson Olver The Acting CHAIRMAN. This will be Boyd Davis (KY) Gutknecht Davis (CA) Jenkins Ortiz a 5-minute vote. Brown, Corrine Davis, Tom Hastings (FL) Davis (TN) Jindal Osborne The vote was taken by electronic de- Campbell (CA) Doggett Hefley Davis, Jo Ann Johnson (CT) Otter Carson Farr Hensarling Deal (GA) Johnson (IL) Owens vice, and there were—ayes 80, noes 332, Chabot Fattah Hinchey DeFazio Jones (NC) Oxley not voting 20, as follows:

VerDate Aug 31 2005 04:31 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.045 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6579 [Roll No. 442] McGovern Pombo Slaughter in the nature of a substitute, as amend- McHenry Pomeroy Smith (NJ) AYES—80 McIntyre Porter Smith (TX) ed. Bachus Hinchey Oberstar McKeon Price (GA) Smith (WA) The committee amendment in the Barrow Holden Obey McMorris Pryce (OH) Snyder nature of a substitute, as amended, was Berry Holt Paul Rodgers Putnam Sodrel agreed to. Blumenauer Honda Payne McNulty Radanovich Solis Meehan Ramstad Souder Boyd Hyde Petri The Acting CHAIRMAN. Under the Meek (FL) Rangel Stearns Campbell (CA) Jackson (IL) Price (NC) rule, the Committee rises. Mica Regula Stupak Cardoza Jackson-Lee Rahall Michaud Rehberg Sullivan Accordingly, the Committee rose; Carson (TX) Rogers (KY) Chabot Johnson, E. B. Millender- Reichert Sweeney and the Speaker pro tempore (Mr. Rush McDonald Renzi Tancredo Clay Kanjorski Sabo SHIMKUS) having assumed the chair, Clyburn Kolbe Miller (FL) Reyes Tanner Saxton Costa Kucinich Miller (MI) Reynolds Tauscher Mr. GILLMOR, Acting Chairman of the Schakowsky Cummings LaHood Miller, Gary Rogers (AL) Taylor (NC) Committee of the Whole House on the Scott (VA) Davis (CA) Lofgren, Zoe Moore (KS) Rogers (MI) Terry State of the Union, reported that that Serrano Moran (KS) Rohrabacher Thomas Davis (IL) Lungren, Daniel Committee, having had under consider- Davis (KY) E. Sherwood Musgrave Ros-Lehtinen Thompson (CA) Davis, Tom McCollum (MN) Shimkus Myrick Rothman Thornberry ation the bill (H.R. 2965) to amend title Doggett McDermott Spratt Nadler Roybal-Allard Tiahrt 18, United States Code, to require Fed- Farr McHugh Taylor (MS) Napolitano Royce Tiberi eral Prison Industries to compete for Fattah McKinney Thompson (MS) Neal (MA) Ruppersberger Tierney Feeney Meeks (NY) Towns Neugebauer Ryan (OH) Turner its contracts minimizing its unfair Filner Melancon Udall (CO) Northup Ryan (WI) Udall (NM) competition with private sector firms Goodlatte Miller (NC) Visclosky Norwood Ryun (KS) Upton and their non-inmate workers and em- Nunes Salazar Van Hollen Green (WI) Miller, George Wasserman powering Federal agencies to get the Gutierrez Mollohan Schultz Nussle Sa´ nchez, Linda Vela´ zquez Gutknecht Moore (WI) Watson Olver T. Walden (OR) best value for taxpayers’ dollars, to Hastings (FL) Moran (VA) Wolf Ortiz Sanchez, Loretta Walsh provide a 5-year period during which Hensarling Murtha Wynn Osborne Sanders Wamp Otter Schiff Watt Federal Prison Industries adjusts to NOES—332 Owens Schmidt Waxman obtaining inmate work opportunities Oxley Schwartz (PA) Weiner through other than its mandatory Abercrombie Costello Hayworth Pallone Schwarz (MI) Weldon (FL) source status, to enhance inmate ac- Ackerman Cramer Hefley Pascrell Scott (GA) Weldon (PA) Aderholt Crenshaw Herger Pastor Sensenbrenner Weller cess to remedial and vocational oppor- Akin Crowley Herseth Pearce Sessions Westmoreland tunities and other rehabilitative oppor- Alexander Cubin Higgins Pelosi Shadegg Wexler tunities to better prepare inmates for a Allen Cuellar Hinojosa Pence Shaw Whitfield Andrews Davis (AL) Hobson Peterson (MN) Shays Wilson (NM) successful return to society, to author- Baca Davis (TN) Hoekstra Peterson (PA) Sherman Wilson (SC) ize alternative inmate work opportuni- Baird Davis, Jo Ann Hooley Pickering Shuster Woolsey ties in support of non-profit organiza- Baker Deal (GA) Hostettler Pitts Simmons Wu tions and other public service pro- Baldwin DeFazio Hulshof Platts Simpson Young (AK) Barrett (SC) DeGette Hunter Poe Skelton Young (FL) grams, and for other purposes, pursu- Bartlett (MD) Delahunt Inglis (SC) ant to House Resolution 997, he re- Barton (TX) DeLauro Inslee NOT VOTING—20 Bass Dent Israel ported the bill back to the House with Boswell Hastings (WA) Ney an amendment adopted by the Com- Bean Diaz-Balart, L. Issa Case Hoyer Ross Beauprez Diaz-Balart, M. Istook Cleaver Johnson, Sam Stark mittee of the Whole. Becerra Dicks Jefferson Cooper Kaptur Strickland Berkley Dingell Jenkins The SPEAKER pro tempore. Under Culberson Keller Waters Berman Doolittle Jindal the rule, the previous question is or- Davis (FL) Maloney Wicker Biggert Doyle Johnson (CT) Harris Murphy dered. Bilbray Drake Johnson (IL) Bilirakis Dreier Jones (NC) b 1314 Is a separate vote demanded on the Bishop (GA) Duncan Jones (OH) amendment to the committee amend- Mr. OBEY and Mr. BLUMENAUER Bishop (NY) Edwards Kelly ment in the nature of a substitute Bishop (UT) Ehlers Kennedy (MN) changed their vote from ‘‘no’’ to ‘‘aye.’’ Blackburn Emanuel Kennedy (RI) So the amendment was rejected. adopted by the Committee of the Blunt Emerson Kildee The result of the vote was announced Whole? If not, the question is on the Boehlert Engel Kilpatrick (MI) as above recorded. committee amendment in the nature of Boehner English (PA) Kind a substitute. Bonilla Eshoo King (IA) Stated for: Bonner Etheridge King (NY) Mr. ROSS. Mr. Chairman, earlier this after- The committee amendment in the Bono Evans Kingston noon I missed rollcall vote 442. I would like to nature of a substitute was agreed to. Boozman Everett Kirk ECORD Boren Ferguson Kline state for the R that I would have voted The SPEAKER pro tempore. The Boucher Fitzpatrick (PA) Knollenberg for rollcall vote 442, which was the Scott (D– question is on the engrossment and Boustany Flake Kuhl (NY) VA) amendment that would allow the Federal third reading of the bill. Bradley (NH) Foley Langevin Prison Industries to continue contracts, of the Brady (PA) Forbes Lantos The bill was ordered to be engrossed Brady (TX) Ford Larsen (WA) type being performed on the date of enact- and read a third time, and was read the Brown (OH) Fortenberry Larson (CT) ment of the bill, that provide services to for- third time. Brown (SC) Fossella Latham profit businesses. Brown, Corrine Foxx LaTourette Stated for: The SPEAKER pro tempore. The Brown-Waite, Frank (MA) Leach question is on the passage of the bill. Ginny Franks (AZ) Lee Mr. MURPHY. Mr. Chairman, on rollcall No. Burgess Frelinghuysen Levin 442, had I been present, I would have voted The question was taken; and the Burton (IN) Gallegly Lewis (CA) ‘‘no.’’ Speaker pro tempore announced that Butterfield Garrett (NJ) Lewis (GA) the ayes appeared to have it. Buyer Gerlach Lewis (KY) f Calvert Gibbons Linder PERSONAL EXPLANATION Mr. SENSENBRENNER. Mr. Speak- Camp (MI) Gilchrest Lipinski er, on that I demand the yeas and nays. Cannon Gillmor LoBiondo Mr. COOPER. Mr. Chairman, earlier today, The yeas and nays were ordered. Cantor Gingrey Lowey I was speaking at an event being held in the Capito Gohmert Lucas basement of the Rayburn building and be- The SPEAKER pro tempore. Pursu- Capps Gonzalez Lynch ant to clause 8 and clause 9 of rule XX, Capuano Goode Mack cause the clock and bell system did not work Cardin Gordon Manzullo in Room B–338, I missed two votes on this 15-minute vote on passage of H.R. Carnahan Granger Marchant amendments to H.R. 2965, the Federal Prison 2965 will be followed by 5-minute votes Carter Graves Markey on ordering the previous question on H. Castle Green, Al Marshall Industries Reform Act of 2006. Had I been Chandler Green, Gene Matheson present, I would have voted ‘‘aye’’ on the first Res. 1002, and adoption of H. Res. 1002, Chocola Grijalva Matsui Scott Amendment and ‘‘aye’’ on the second if ordered. Coble Hall McCarthy The vote was taken by electronic de- Cole (OK) Harman McCaul (TX) Scott Amendment. Conaway Hart McCotter The Acting CHAIRMAN. The ques- vice, and there were—yeas 362, nays 57, Conyers Hayes McCrery tion is on the committee amendment not voting 13, as follows:

VerDate Aug 31 2005 04:31 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.025 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6580 CONGRESSIONAL RECORD — HOUSE September 14, 2006 [Roll No. 443] Ryan (OH) Snyder Vela´ zquez SECURE FENCE ACT OF 2006 Ryan (WI) Sodrel Walden (OR) YEAS—362 Ryun (KS) Solis Walsh The SPEAKER pro tempore. The Salazar Souder Abercrombie Ehlers LaTourette Wamp pending business is the vote on order- Sa´ nchez, Linda Spratt Ackerman Emanuel Leach Wasserman T. Stearns ing the previous question on House Aderholt Emerson Lee Schultz Sanchez, Loretta Stupak Resolution 1002, on which the yeas and Akin Engel Levin Waters Sanders Sullivan Alexander English (PA) Lewis (CA) Watson nays are ordered. Schiff Sweeney Watt Allen Eshoo Lewis (GA) Schmidt Tancredo The Clerk read the title of the resolu- Waxman Baca Etheridge Lewis (KY) Schwartz (PA) Tanner tion. Baird Evans Linder Weiner Schwarz (MI) Tauscher The SPEAKER pro tempore. The Baker Everett Lipinski Scott (GA) Taylor (NC) Weldon (FL) Baldwin Fattah LoBiondo Sensenbrenner Terry Weldon (PA) question is on ordering the previous Barrett (SC) Feeney Lowey Sessions Thomas Weller question. Barrow Ferguson Lynch Shadegg Thompson (CA) Westmoreland This will be a 5-minute vote. Bartlett (MD) Fitzpatrick (PA) Mack Shaw Thompson (MS) Wexler Barton (TX) Flake Manzullo Shays Thornberry Whitfield The vote was taken by electronic de- Bass Foley Marchant Sherman Tiahrt Wicker vice, and there were—yeas 224, nays Bean Forbes Markey Shuster Tiberi Wilson (NM) 190, not voting 18, as follows: Beauprez Ford Marshall Simmons Tierney Wilson (SC) Berkley Fortenberry Matheson Simpson Towns Woolsey [Roll No. 444] Berman Fossella Matsui Skelton Turner Wu Biggert Foxx McCarthy YEAS—224 Slaughter Udall (CO) Wynn Bilbray Frank (MA) McCaul (TX) Smith (NJ) Udall (NM) Aderholt Gilchrest Nussle Bilirakis Franks (AZ) McCotter Young (AK) Akin Gillmor Osborne Smith (TX) Upton Young (FL) Bishop (GA) Frelinghuysen McCrery Smith (WA) Van Hollen Alexander Gingrey Otter Bishop (NY) Gallegly McGovern Bachus Gohmert Oxley Bishop (UT) Garrett (NJ) McHenry NAYS—57 Baker Goode Paul Blackburn Barrett (SC) Gerlach McIntyre Andrews Herger Payne Goodlatte Pearce Blunt Gibbons McKeon Barrow Granger Bachus Holden Peterson (PA) Pence Boehlert Gillmor McMorris Bartlett (MD) Graves Peterson (MN) Berry Holt Petri Boehner Barton (TX) Gingrey Rodgers Blumenauer Honda Green (WI) Peterson (PA) Bonilla Poe Bass Gohmert McNulty Brown-Waite, Hyde Gutknecht Petri Bonner Rahall Beauprez Gonzalez Meehan Ginny Kanjorski Hall Pitts Bono Reyes Biggert Goode Meek (FL) Campbell (CA) LaHood Harris Platts Boozman Rogers (KY) Bilbray Goodlatte Meeks (NY) Cardoza Lofgren, Zoe Hart Poe Boren Ross Bilirakis Gordon Melancon Chabot Lucas Hastings (WA) Pombo Boswell Rush Bishop (UT) Granger Mica Davis (CA) Lungren, Daniel Hayes Porter Boucher Sabo Blackburn Graves Michaud Davis (IL) E. Hayworth Price (GA) Boustany Blunt Green, Al Millender- Davis (KY) McCollum (MN) Saxton Hefley Pryce (OH) Boyd Boehlert Green, Gene McDonald DeGette McDermott Schakowsky Hensarling Putnam Bradley (NH) Boehner Grijalva Miller (FL) Doggett McHugh Scott (VA) Herger Radanovich Brady (PA) Bonilla Gutierrez Miller (MI) Farr McKinney Serrano Hobson Ramstad Brady (TX) Bonner Hall Miller (NC) Filner Mollohan Sherwood Hoekstra Regula Brown (OH) Bono Harman Miller, Gary Green (WI) Moore (WI) Shimkus Hostettler Rehberg Brown (SC) Boozman Harris Miller, George Gutknecht Murtha Taylor (MS) Hulshof Reichert Brown, Corrine Boustany Hart Moore (KS) Hastings (FL) Oberstar Visclosky Hunter Renzi Burgess Bradley (NH) Hastings (WA) Moran (KS) Hensarling Obey Wolf Hyde Reynolds Burton (IN) Hayes Moran (VA) Brady (TX) Inglis (SC) Rogers (AL) Butterfield Hayworth Musgrave NOT VOTING—13 Brown (SC) Issa Rogers (KY) Buyer Hefley Myrick Brown-Waite, Istook Becerra Gilchrest Ney Rogers (MI) Calvert Herseth Nadler Ginny Jenkins Case Johnson, Sam Rohrabacher Camp (MI) Higgins Napolitano Stark Burgess Jindal Cleaver Keller Ros-Lehtinen Cannon Hinchey Neal (MA) Strickland Burton (IN) Johnson (CT) Culberson Maloney Royce Cantor Hinojosa Neugebauer Buyer Johnson (IL) Davis (FL) Murphy Ryan (OH) Capito Hobson Northup Calvert Jones (NC) Ryan (WI) Capps Hoekstra Norwood Camp (MI) Kelly ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Ryun (KS) Capuano Hooley Nunes Campbell (CA) Kennedy (MN) Saxton Cardin Hostettler Nussle The SPEAKER pro tempore (during Cannon King (IA) Schmidt Carnahan Hoyer Olver the vote). Members are advised there Cantor King (NY) Schwarz (MI) Carson Hulshof Ortiz Capito Kingston are 2 minutes remaining in this vote. Sensenbrenner Carter Hunter Osborne Carter Kirk Sessions Castle Inglis (SC) Otter Castle Kline Shadegg Chandler Inslee Owens b 1334 Chabot Knollenberg Shaw Chocola Israel Oxley Mr. FARR and Mr. REYES changed Chocola Kolbe Clay Issa Pallone Coble Kuhl (NY) Sherwood Clyburn Istook Pascrell their vote from ‘‘yea’’ to ‘‘nay.’’ Cole (OK) LaHood Shimkus Coble Jackson (IL) Pastor So the bill was passed. Conaway Latham Shuster Simmons Cole (OK) Jackson-Lee Paul The result of the vote was announced Crenshaw LaTourette Conaway (TX) Pearce Cubin Leach Simpson Conyers Jefferson Pelosi as above recorded. Davis (KY) Lewis (CA) Smith (NJ) Cooper Jenkins Pence A motion to reconsider was laid on Davis, Jo Ann Lewis (KY) Smith (TX) Costa Jindal Peterson (MN) Davis, Tom Linder Sodrel the table. Souder Costello Johnson (CT) Pickering Stated for: Deal (GA) LoBiondo Cramer Johnson (IL) Pitts DeFazio Lucas Stearns Crenshaw Johnson, E. B. Platts Mr. MURPHY. Mr. Speaker, on rollcall No. Dent Lungren, Daniel Sullivan Crowley Jones (NC) Pombo 443, had I been present, I would have voted Diaz-Balart, L. E. Sweeney Tancredo Cubin Jones (OH) Pomeroy ‘‘yes.’’ Doolittle Mack Cuellar Kaptur Porter Drake Manzullo Taylor (NC) Cummings Kelly Price (GA) Dreier Marchant Terry Davis (AL) Kennedy (MN) Price (NC) f Duncan McCaul (TX) Thomas Davis (TN) Kennedy (RI) Pryce (OH) Ehlers McCotter Thornberry Davis, Jo Ann Kildee Putnam PERSONAL EXPLANATION Emerson McCrery Tiahrt Davis, Tom Kilpatrick (MI) Radanovich English (PA) McHenry Tiberi Deal (GA) Kind Ramstad Mrs. MALONEY. Mr. Speaker, on Sep- Everett McHugh Turner DeFazio King (IA) Rangel tember 14, 2006, I was unavoidably detained Feeney McKeon Upton Delahunt King (NY) Regula and missed rollcall votes 442 and 443. Rollcall Ferguson McMorris Walden (OR) DeLauro Kingston Rehberg Fitzpatrick (PA) Rodgers Walsh Dent Kirk Reichert vote 442 as on the Scott Amendment to H.R. Flake Mica Wamp Diaz-Balart, L. Kline Renzi 2965, ‘‘The Federal Prison Industries Competi- Foley Miller (FL) Weldon (PA) Diaz-Balart, M. Knollenberg Reynolds tion in Contracting Act.’’ Rollcall vote 443 was Fortenberry Miller (MI) Weller Dicks Kolbe Rogers (AL) Fossella Miller, Gary Westmoreland Dingell Kucinich Rogers (MI) on final passage of H.R. 2965, ‘‘The Federal Foxx Moran (KS) Whitfield Doolittle Kuhl (NY) Rohrabacher Prison Industries Competition in Contracting Franks (AZ) Musgrave Wicker Doyle Langevin Ros-Lehtinen Act.’’ Frelinghuysen Myrick Wilson (NM) Drake Lantos Rothman As a lead sponsor of H.R. 2965, had I been Gallegly Neugebauer Wilson (SC) Dreier Larsen (WA) Roybal-Allard Garrett (NJ) Northup Wolf Duncan Larson (CT) Royce present I would have voted ‘‘nay’’ on rollcall Gerlach Norwood Young (AK) Edwards Latham Ruppersberger vote 442 and ‘‘aye’’ on rollcall vote 443. Gibbons Nunes Young (FL)

VerDate Aug 31 2005 02:11 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.027 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6581 NAYS—190 PERSONAL EXPLANATION 1996 (Public Law 104–208; 8 U.S.C. 1103 note) is amended— Abercrombie Grijalva Neal (MA) Mr. BECERRA. Mr. Speaker, on Thursday, Ackerman Gutierrez Oberstar (1) in the subsection heading by striking Allen Harman Obey September 14, 2006, I was unable to cast my ‘‘NEAR SAN DIEGO, CALIFORNIA’’; and Andrews Hastings (FL) Olver floor vote on rollcall Nos. 443 and 444. The (2) by amending paragraph (1) to read as Baca Herseth Ortiz votes I missed included final passage of H.R. follows: Baird Higgins Owens 2965, the Federal Prison Industries Competi- ‘‘(1) SECURITY FEATURES.— Baldwin Hinchey Pallone Bean Hinojosa tion in Contracting Act and a vote on ordering ‘‘(A) REINFORCED FENCING.—In carrying out Pascrell subsection (a), the Secretary of Homeland Berkley Holden Pastor the previous question for providing for the con- Berman Holt Payne sideration of H.R. 6061, the Secure Fence Act Security shall provide for least 2 layers of re- Berry Honda Pelosi inforced fencing, the installation of addi- Bishop (GA) Hooley of 2006. Pomeroy Had I been present for the votes, I would tional physical barriers, roads, lighting, Bishop (NY) Hoyer Price (NC) cameras, and sensors— Blumenauer Inslee Rahall have voted ‘‘aye’’ on rollcall vote 443 and ‘‘no’’ ‘‘(i) extending from 10 miles west of the Boren Israel Reyes on rollcall vote 444. Boswell Jackson (IL) Tecate, California, port of entry to 10 miles Ross The SPEAKER pro tempore. The east of the Tecate, California, port of entry; Boucher Jackson-Lee Rothman Boyd (TX) question is on the resolution. ‘‘(ii) extending from 10 miles west of the Roybal-Allard The resolution was agreed to. Brady (PA) Jefferson Ruppersberger Calexico, California, port of entry to 5 miles Brown (OH) Johnson, E. B. Rush A motion to reconsider was laid on east of the Douglas, Arizona, port of entry; Brown, Corrine Jones (OH) Sabo the table. ‘‘(iii) extending from 5 miles west of the Butterfield Kanjorski Salazar Mr. KING of New York. Mr. Speaker, Columbus, New Mexico, port of entry to 10 Capps Kaptur Sa´ nchez, Linda Capuano Kennedy (RI) pursuant to House Resolution 1002, I miles east of El Paso, Texas; T. Cardin Kildee ‘‘(iv) extending from 5 miles northwest of Sanchez, Loretta call up the bill (H.R. 6061) to establish Cardoza Kilpatrick (MI) the Del Rio, Texas, port of entry to 5 miles Sanders operational control over the inter- Carnahan Kind southeast of the Eagle Pass, Texas, port of Schakowsky Carson Kucinich national land and maritime borders of Schiff entry; and Chandler Langevin the United States, and ask for its im- Schwartz (PA) ‘‘(v) extending 15 miles northwest of the Clay Lantos Scott (GA) mediate consideration. Laredo, Texas, port of entry to the Browns- Clyburn Larsen (WA) Scott (VA) The Clerk read the title of the bill. Conyers Larson (CT) ville, Texas, port of entry. Serrano Cooper Lee The SPEAKER pro tempore. Pursu- ‘‘(B) PRIORITY AREAS.—With respect to the Costa Levin Shays ant to House Resolution 1002, the border described— Costello Lewis (GA) Sherman amendment printed in House Report ‘‘(i) in subparagraph (A)(ii), the Secretary Skelton Cramer Lipinski 109–653 is adopted and the bill, as shall ensure that an interlocking surveil- Crowley Lofgren, Zoe Slaughter Smith (WA) amended, is considered read. lance camera system is installed along such Cuellar Lowey area by May 30, 2007, and that fence con- Cummings Lynch Snyder The text of the bill, as amended, is as struction is completed by May 30, 2008; and Davis (AL) Markey Solis follows: Spratt ‘‘(ii) in subparagraph (A)(v), the Secretary Davis (CA) Matheson H.R. 6061 Davis (IL) Matsui Stupak shall ensure that fence construction from 15 Davis (TN) McCarthy Tanner Be it enacted by the Senate and House of Rep- miles northwest of the Laredo, Texas, port of DeGette McCollum (MN) Tauscher resentatives of the United States of America in entry to 15 southeast of the Laredo, Texas, Taylor (MS) Delahunt McDermott Congress assembled, port of entry is completed by December 31, Thompson (CA) DeLauro McGovern SECTION 1. SHORT TITLE. 2008. Dicks McIntyre Thompson (MS) Tierney This Act may be cited as the ‘‘Secure ‘‘(C) EXCEPTION.—If the topography of a Dingell McKinney Fence Act of 2006’’. Doggett McNulty Towns specific area has an elevation grade that ex- Doyle Meehan Udall (CO) SEC. 2. ACHIEVING OPERATIONAL CONTROL ON ceeds 10 percent, the Secretary may use Edwards Meek (FL) Udall (NM) THE BORDER. other means to secure such area, including Emanuel Meeks (NY) Van Hollen (a) IN GENERAL.—Not later than 18 months the use of surveillance and barrier tools.’’. Engel Melancon Vela´ zquez after the date of the enactment of this Act, Eshoo Michaud Visclosky the Secretary of Homeland Security shall SEC. 4. NORTHERN BORDER STUDY. Etheridge Millender- Wasserman take all actions the Secretary determines (a) IN GENERAL.—The Secretary of Home- Schultz Evans McDonald necessary and appropriate to achieve and land Security shall conduct a study on the Farr Miller (NC) Waters feasibility of a state-of-the-art barrier sys- Watson maintain operational control over the entire Fattah Miller, George tem along the northern international land Filner Mollohan Watt international land and maritime borders of Ford Moore (KS) Waxman the United States, to include the following— and maritime border of the United States Frank (MA) Moore (WI) Weiner (1) systematic surveillance of the inter- and shall include in the study— Gonzalez Moran (VA) Wexler national land and maritime borders of the (1) the necessity of constructing such a Gordon Murtha Woolsey United States through more effective use of system; Green, Al Nadler Wu personnel and technology, such as unmanned (2) the feasibility of constructing such a Green, Gene Napolitano Wynn aerial vehicles, ground-based sensors, sat- system; and NOT VOTING—18 ellites, radar coverage, and cameras; and (3) the economic impact implementing (2) physical infrastructure enhancements such a system will have along the northern Becerra Forbes Ney to prevent unlawful entry by aliens into the border. Case Johnson, Sam Pickering Cleaver Keller Rangel United States and facilitate access to the (b) REPORT.—Not later than one year after Culberson Maloney Stark international land and maritime borders by the date of the enactment of this Act, the Davis (FL) Marshall Strickland United States Customs and Border Protec- Secretary of Homeland Security shall sub- Diaz-Balart, M. Murphy Weldon (FL) tion, such as additional checkpoints, all mit to the Committee on Homeland Security weather access roads, and vehicle barriers. of the House of Representatives and the ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE (b) OPERATIONAL CONTROL DEFINED.—In Committee on Homeland Security and Gov- The SPEAKER pro tempore (during this section, the term ‘‘operational control’’ ernmental Affairs of the Senate a report that means the prevention of all unlawful entries the vote). Members are advised there contains the results of the study conducted into the United States, including entries by under subsection (a). are 2 minutes remaining in this vote. terrorists, other unlawful aliens, instru- ments of terrorism, narcotics, and other con- SEC. 5. EVALUATION AND REPORT RELATING TO CUSTOMS AUTHORITY TO STOP CER- b 1342 traband. TAIN FLEEING VEHICLES. (c) REPORT.—Not later than one year after So the previous question was ordered. the date of the enactment of this Act and an- (a) EVALUATION.—Not later than 30 days nually thereafter, the Secretary shall submit after the date of the enactment of this Act, The result of the vote was announced to Congress a report on the progress made the Secretary of Homeland Security shall— as above recorded. toward achieving and maintaining oper- (1) evaluate the authority of personnel of United States Customs and Border Protec- Stated for: ational control over the entire international land and maritime borders of the United tion to stop vehicles that enter the United Mr. PICKERING. Mr. Speaker, on rollcall States in accordance with this section. States illegally and refuse to stop when or- No. 444 I was unavoidably detained. Had I SEC. 3. CONSTRUCTION OF FENCING AND SECU- dered to do so by such personnel, compare been present, I would have voted ‘‘yea.’’ RITY IMPROVEMENTS IN BORDER such Customs authority with the authority AREA FROM PACIFIC OCEAN TO of the Coast Guard to stop vessels under sec- Mr. MURPHY. Mr. Speaker, on rollcall No. GULF OF MEXICO. tion 637 of title 14, United States Code, and 444, had I been present, I would have voted Section 102(b) of the Illegal Immigration make an assessment as to whether such Cus- ‘‘yes.’’ Reform and Immigrant Responsibility Act of toms authority should be expanded;

VerDate Aug 31 2005 04:31 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.022 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6582 CONGRESSIONAL RECORD — HOUSE September 14, 2006 (2) review the equipment and technology that the Department of Homeland Se- legislation to be moved, isn’t going to available to United States Customs and Bor- curity achieve and maintain oper- solve our border security woes. Indeed, der Protection personnel to stop vehicles de- ational control over the entire border voting on a fence without allocating scribed in paragraph (1) and make an assess- through a virtual fence, deploying cam- funds to pay for it is just another ex- ment as to whether or not better equipment or technology is available or should be devel- eras, ground sensors, unmanned aerial ample of Republican efforts to sell se- oped; and vehicles, integrated surveillance tech- curity on the cheap to the American (3) evaluate the training provided to nology, and it also requires the Depart- people. United States Customs and Border Protec- ment of Homeland Security to provide I have seen estimates that just to tion personnel to stop vehicles described in the necessary authority to border per- build the fence is going to cost us at paragraph (1). sonnel to disable fleeing vehicles, simi- least $7 billion. Where is the money (b) REPORT.—Not later than 60 days after lar to the authority which is already coming from to pay for it? I am from the date of the enactment of this Act, the held by the United States Coast Guard rural Mississippi, and I know that Secretary of Homeland Security shall sub- for maritime vessels. when you build a fence you have to mit to the Committee on Homeland Security We also realize there is concern at of the House of Representatives and the maintain it, mend it, and fix it. How Committee on Homeland Security and Gov- the northern border, and I want to es- much is it going to cost to maintain ernmental Affairs of the Senate a report that pecially thank my colleague from New this 700-mile fence? Who is going to do contains the results of the evaluation con- York (Congressman REYNOLDS) for his it? This fence is starting to feel like ducted under subsection (a). efforts in homeland security, particu- the bridge to nowhere that Congress The SPEAKER pro tempore. The gen- larly on the northern border. With his once considered. tleman from New York (Mr. KING) and help, we were able to enhance the Se- Mr. Speaker, the British statesman the gentleman from Mississippi (Mr. cure Fence Act to ensure that appro- Edmund Burke once said ‘‘All that is THOMPSON) each will control 30 min- priate technology and infrastructure necessary for the forces of evil to win utes. are being considered and that border in the world is for enough good men to The Chair recognizes the gentleman security efforts are implemented in a do nothing.’’ Mr. Speaker, it is time for from New York. manner that does not stop or deny the Congress to stop being the ‘‘do- Mr. KING of New York. Mr. Speaker, commerce. nothing Congress.’’ It is time for us to I yield myself such time as I may con- Mr. Speaker, this is an issue where take a real stand against the forces of sume. the American people are crying out for evil and move forward with existing Mr. Speaker, I rise today in strong help. They are crying out for us to take legislation to secure our borders. In- support of H.R. 6061, the Secure Fence meaningful action. There is, to me, no stead of spinning our wheels passing Act of 2006. reason why, and I am trying to antici- the same bill over and over again, let Mr. Speaker, as Members of Congress pate arguments coming against it, ba- us move forward. return to their districts, as Members of sically saying we need comprehensive Mr. Speaker, I reserve the balance of Congress speak with the American peo- legislation, and that is a debate we can my time. have. We passed comprehensive legisla- ple, it is obvious there is no more de- GENERAL LEAVE fining issue in our Nation today than tion in December. But the fact is just Mr. KING of New York. Mr. Speaker, because we cannot do everything today stopping illegal immigration. I ask unanimous consent that all Mem- doesn’t mean that we should do noth- bers may have 5 legislative days in b 1345 ing. So I am saying let us do something which to revise and extend their re- This is an issue which is absolutely marks and include extraneous material essential if we are to gain the con- very, very positive. Let us pass this legislation, which will build a secure on H.R. 6061. fidence of the American people, if we The SPEAKER pro tempore. Is there fence, which will build a virtual fence, are going to show to the American peo- objection to the request of the gen- ple that we can perform the most basic and would also give the border per- sonnel the assistance and the power tleman from New York? obligation of any government, and that There was no objection. that they need. is to secure the Nation’s borders. Mr. KING of New York. Mr. Speaker, Mr. Speaker, I reserve the balance of Now, we passed very comprehensive I would just make several references, legislation in December of last year, my time. Mr. THOMPSON of Mississippi. Mr. one to my good friend, the gentleman H.R. 4437, and I was a strong advocate Speaker, I yield myself such time as I from Mississippi, who is ranking mem- and cosponsor of that, along with may consume. ber and does such an outstanding job Chairman SENSENBRENNER, but the re- Mr. Speaker, today the House con- on the Homeland Security Committee, ality is that legislation is right now tinues its efforts to be known as the that I don’t think it is ever a waste of bogged down. What we have to do is we ‘‘do-nothing Congress’’ by voting on a taxpayer dollars to go out and hold have to prove to the American people bill that has already been voted on be- hearings and listen to what the Amer- and also we have to make substantial fore. In December, we voted on this ican people have to say. Sometimes it progress in combating illegal immigra- fence issue as part of the border legis- is good to get away from just reading tion. lation offered by Mr. SENSENBRENNER editorials in the New York Times and One issue in which there appears to and Mr. KING. Then, the Senate passed the Washington Post and actually hear be a consensus between the United a bipartisan comprehensive bill, the what real people have to say. States Senate and the Congress is on McCain-Bush bill, and House Repub- Secondly, if we are going to show the issue of building a secure fence. So licans had the opportunity to work that we are genuinely against doing rather than wait, and wait for God with the Senate on a bill that would be nothing, then let’s do something and knows how long until comprehensive voted on and sent to the President to pass legislation which we know the legislation is enacted, there is no rea- be made into law, but the Republicans overwhelming majority of the Amer- son whatsoever why we should not decided to do nothing. ican people want, and that is to build move forward on targeted legislation Then they decided rather than doing this fence. which is effective and meaningful. We nothing they would waste taxpayers’ Mr. Speaker, I yield 2 minutes to the have to bridge this disconnect between dollars to hold hearings over the sum- gentleman from Arizona (Mr. the American people and its govern- mer, hearings that showed that a lot of HAYWORTH). ment, between the American people their ideas, such as the very fence Mr. HAYWORTH. Mr. Speaker, I rise and the elite, and we have to show we being discussed today, weren’t so good. today in strong support of this legisla- are responsive. Rather than listening to the American tion, and listened to the assessment of- Now, the legislation today incor- people and creating laws that actually fered by my good friend from Mis- porates very much what was already do something, the Republicans have de- sissippi. Yes, it is the political season. passed by the House with significant cided to spend the next 2 weeks voting Yes, the description is one that is of- Democratic votes back in December. It on things we have already voted on. fered almost reflexively, to which we provides over 700 miles of two-layered Mr. Speaker, voting on a fence today, could answer with I believe the fairer reinforced fencing. It also mandates especially when it is already part of characterization of ‘‘obstructionism.’’

VerDate Aug 31 2005 02:11 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.024 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6583 And, really, perhaps that is a theme nomic gains border communities have lations on both sides of the border are that should be pursued with reference made. The McAllen Chamber of Com- very, very heavy, and so it makes it to our borders. The graffiti is strewn merce says, and I quote, ‘‘This bill is a easy for someone to assimilate into so- on the wall at our international border 19th century solution to a 21st century ciety once they get across that border; in Nogales. ‘‘Borders are scars upon the problem. It is a waste of taxpayers’ dol- and having a fence, and a double fence, earth,’’ it reads. No, Mr. Speaker and lars.’’ is one way in these heavily populated my colleagues, borders are not scars I participated in the sham hearings areas to focus attention on this. upon the earth. They are reasonable in Laredo, Texas, in August of 2006 that We have a 1,973-mile border between and necessary lines of political demar- only allowed testimony from one side the United States and Mexico. It ex- cation between nation states to ensure of the issue and are being used to jus- tends from the Pacific Ocean all the the sovereignty and security of those tify this bill. Instead of wasting time way to the Gulf of Mexico. No one is nation states in the post-9/11 world. with this legislation, this House should advocating that we fence the entire It is absolutely necessary that we be participating in a conference with border. We have 21st century tech- move to secure our borders. And as the the Senate on legislation that has al- nology that is going to allow us to uti- poet wrote, ‘‘good fences make good ready passed. lize motion detectors, unmanned aerial neighbors.’’ Because, Mr. Speaker, this The McAllen Hispanic Chamber of vehicles, and a host of other things far exceeds the notion of a fence and Commerce stands on the feelings that that allow us to deal with areas that ‘‘we don’t need more fencing, we need a mere physical, not to mention debate don’t have heavy concentrations of real solution. We need a bill that will obstruction. This brings to bear tech- populated areas, number one; and, protect our borders without a fence and nology necessary to secure the border. number two, areas known to be utilized consider possible solutions tempo- Now, much has been said about proc- for smuggling. rarily, legalizing undocumented people ess already, and it will no doubt con- This measure is the right thing for us who are currently working in the tinue. But I think it is the duty of the to do. The American people know we United States, with certain homeland people’s House to time and again take can secure our borders. I believe that security provisions and allowing future this effort is a very important one in this case to the other body on this Hill workers to enter legally, reunite fami- and to make clear to the American that quest, and I am proud to be lies, and provide worker protections.’’ strongly supportive of it. people, Republicans, Democrats, Inde- I urge my colleagues to oppose this pendents, Libertarians, and vegetar- Mr. THOMPSON of Mississippi. Mr. misguided legislation, H.R. 6061, named Speaker, in response to my chairman, I ians, that as Americans we understand the Secure Fence Act. this basic truth: When you have got a have heard a fence called a lot of Mr. KING of New York. Mr. Speaker, things, but hearing it called a ‘‘human- hole in your roof, the first thing you do I would just remind my good friend itarian gesture’’ is something very is patch the hole. from Texas that just a 14-mile fence in Let us move forward with an effec- new. I guess you learn something every San Diego has brought about a signifi- time you are on the floor. tive fence. Support this legislation. cant decrease in crime. And also one of Mr. Speaker, I yield 31⁄2 minutes to Mr. THOMPSON of Mississippi. Mr. the reasons why we believe this fence is the gentlewoman from California (Ms. Speaker, I yield 3 minutes to the gen- essential is for the humanitarian rea- LORETTA SANCHEZ). tleman from Texas (Mr. HINOJOSA). son of not allowing so many people to Ms. LORETTA SANCHEZ of Cali- Mr. HINOJOSA. Mr. Speaker, I rise die in the desert the way they do today fornia. Mr. Speaker, I come to the floor in strong opposition to H.R. 6061, enti- because there is no fence. today disappointed that we once again tled the Secure Fence Act. This bill is Mr. Speaker, I am privileged to yield are debating a bill that will not be a almost the same bad legislation that 3 minutes to the distinguished chair- real solution to our Nation’s border se- was brought before us in the House this man of the Rules Committee, the gen- curity and to our immigration prob- summer, but it is even worse because it tleman from California (Mr. DREIER). lem. contains no funding. It ignores real en- (Mr. DREIER asked and was given This summer the Republican leader- forcement measures, like hiring more permission to revise and extend his re- ship held hearings all around the coun- marks.) Border Patrol personnel, and instead try under the pretense of learning Mr. DREIER. Mr. Speaker, I rise in builds a Berlin Wall on our southern about what was needed to secure our strong support of this effort, and I border. borders. The various hearings received want to congratulate the chairman of I was born and raised in south Texas extensive testimony, but one of the the Homeland Security Committee, on the Texas-Mexico border. We who things they told us was that fencing Mr. KING, for his very hard work on live and work along the border are alone is not an adequate solution. this, and all my colleagues that have acutely aware that the immigration The simple fact is that fences are not been involved. system is broken and that a complete the silver-bullet solution that the Re- I hate the idea of our having to put overhaul is required to restore any publicans are painting them to be. It up a fence. The fact of the matter is we semblance of order. will not add more Border Patrol have no choice. We have no choice be- So long as employers need workers in agents, who are the ones that do the cause this week, as we marked the fifth this country, and while our immigra- real work at securing our border. And anniversary of September 11, we are in tion systems impede rather than facili- it will not add more detention space for the midst of a global war on terror. We tate timely access of willing workers people who are apprehended. There are face the threat of someone who would to those opportunities, undocumented no more DAs, no more judges, it won’t like to do us in coming across our bor- immigration will never be controlled. process these people. der. Walls, barriers, and military patrols I am also concerned that the bill does We know that the fence is not the will only force those immigrants to nothing to secure the northern border. panacea. But the fact of the matter is utilize ever more dangerous routes and Just think about it, when you plug one the fence is essential, and every shred increase the number of people who die place, people come in through other of empirical evidence that we have so in search of an opportunity to feed and places: our coasts, our airports, our far is that it has been helpful in deal- clothe their families. northern border. ing with the challenge that we have. The answer to this issue is com- This summer I attended a hearing on Chairman KING just mentioned the prehensive immigration reform. Fix 14-mile border fence. I have had the the Washington State-Canadian border, immigration systems and you are as- privilege of working with our col- and it was very clear that the northern sured better border security. Trade is border has major problems, consider- league, Mr. HUNTER, and before that the lifeblood of the Mexico-U.S. border our former colleague, Doug Ose, from able challenges. And what does this bill communities and of this Nation. In the Sacramento, who worked hard on our do to help the northern border? They Rio Grande Valley, thousands of people effort to complete that 14-mile fence. are going to do a study. I am going to cross back and forth across the border tell you something, the people who daily to shop, to work, to get medical b 1400 were before our committee did not ask care, and to go to school. Fences will The reason we have to have that for a study. They asked for more Bor- stifle that trade and destroy the eco- fence in that area is that the popu- der Patrol agents. They asked for help

VerDate Aug 31 2005 02:11 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.057 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6584 CONGRESSIONAL RECORD — HOUSE September 14, 2006 from unmanned vehicles. They didn’t Mr. THOMPSON of Mississippi. Mr. more than a strong message from our ask for a study. Speaker, I yield 2 minutes to Mr. constituents. They represent the pas- The fence proposed today is not cost GRIJALVA, the gentleman from Arizona. sionate pleas of a country that knows effective. A low-ball estimate based on Mr. GRIJALVA. Mr. Speaker, I rise we are losing the battle at our border an estimate from the Department of in strong opposition to this so-called and the demands of a Nation that un- Homeland Security says $9 million per Secure Fence Act, H.R. 6061. This bill derstands we will never be secure until mile. So it would cost almost $7 billion could require the Department of Home- we have control over who is entering to build the 730-mile fence. In contrast, land Security to construct a wall our country. with just $360 million, we could hire, across the entire Arizona border with The Secure Fence Act will take the train and equip the 2,000 Border Patrol Mexico. The House has already consid- necessary steps to give our Border Pa- agents that would make it operational ered and passed this legislation, but trol agents the tools they need to re- and secure at the borders, the ones that since the majorities of both bodies in gain control of our borders so they can we said we were going to hire in the 9/ Congress have been unable to come to protect our country. 11 act. an agreement on immigration reform, This legislation authorizes additional So today we are not discussing a the majority here wants to appear that fencing as well as state-of-the-art tech- comprehensive bill like the substitute we are accomplishing something as we nology and surveillance equipment to drafted by my colleague, Mr. THOMP- are nearing election. But this is a help us regain control of our borders. SON, the ranking member of the Home- sham. The Secure Fence Act tells the Amer- land Security Committee, the one that Because of a failure of leadership to ican people we are serious about get- gives technology, personnel, equipment comprehensively address immigration ting control of our borders, stopping il- to monitor and secure every mile of the in a sensible, humane way, we see be- legal immigration and securing our border 24 hours a day, 7 days a week. fore us a bill, to quote a majority mem- country. Unfortunately, the Republican leader- ber of the other body, that is a 19th It is appropriate legislation. It will ship would not allow an up-or-down century solution to a 20th century help get the job done, and I urge its vote on that amendment. problem. passage. I am a strong supporter of border se- Instead of using our abilities as rep- Mr. THOMPSON of Mississippi. Mr. curity, and today, today I wish we were resentatives of the American people Speaker, I reserve the balance of my voting on a strong border security bill. who want to see a comprehensive solu- time. I want to work with my colleague on tion to this problem, this is merely an Mr. KING of New York. Mr. Speaker, the other side of the aisle, but I cannot attempt to sweep the serious root I yield 1 minute to the gentleman from support this bill. It will cost billions of causes of immigration under the table Colorado (Mr. TANCREDO). dollars, take many years to implement, and appeal to the lowest common de- Mr. TANCREDO. Mr. Speaker, it is and it still won’t solve our border secu- nominator. interesting to hear some of the folks on rity problem. Building a wall between us and Mex- the other side of the aisle, especially Mr. KING of New York. Mr. Speaker, ico will not work. Not only will it not Members from Arizona and New Mex- I would say to my good friend from keep people from crossing illegally, it ico, who come here and say this is not California, all of us agree no one provi- will be a budget-busting endeavor. I a good idea, we shouldn’t be moving sion is going to solve illegal immigra- note that this bill contains no specific ahead with it and it won’t solve any tion, but this is a significant provision authorization of funds for this wall problems. going forward. which will run into the billions. It is their States, it is the Governor In addition, this year’s appropriation In the deserts of the Southwest, the of the State of Arizona and the Gov- bill provides for 1,200 new Border Pa- fragile and unique national treasures ernor of the State of New Mexico who trol agents which will bring us up to that we have there are bearing the have declared states of emergency in 14,580, an increase of over 80 percent brunt of an immigration policy that those two States. Something has to be since September 11, 2001, and over 1,200 has failed. Earlier this year, the Inte- done; that is what they are telling us. ICE officers. rior Subcommittee of the Appropria- These are Democrat Governors in Mr. Speaker, I yield 11⁄2 minutes to tions Committee held a hearing on im- States where they have enormous prob- the gentleman from Virginia (Mr. migration’s impact on borderlands. lems, and they are saying we have an GOODE). Professional land managers testified at emergency. This is one way to try to Mr. GOODE. Mr. Speaker, I salute this hearing and expressed serious address it. It is just one, but it is one the gentleman from New York and his skepticism about the negative impacts way to do so. It is an important step committee for their efforts on the to the environment and wildlife that that we take. fence bill. could result from building walls or In terms of effectiveness, we have a As stated previously, I agree that the fences on the border. model. On our southern border today, fence is not the total solution. In fact, It saddens me that instead of work- we have a chunk of fence about 14 I would like to see more than 700 miles ing hard to address the border ques- miles long in the San Diego area, and of fence along our southern border, but tion, the majority continues to push a it has worked. It has worked well. It is 700 miles of fence is a start. I would measure that has little chance of being hard to find anyone on either side of also like to see a firm no-amnesty pol- signed into law. Nowhere in this bill do the border at that location that wants icy ever for those illegally in the coun- we see discussion of larger issues at that fence taken down because it has try. That is not part of this bill. But hand that are in dire need of solutions. improved life. this bill is a substantial and correct The American people will see This is a good step to take, and I step in the right direction. through this. They know it is nothing commend my colleagues for bringing it The invasion into this country is more than election year politics. I urge forward. from south of the border primarily. my colleagues to reject H.R. 6061. Mr. THOMPSON of Mississippi. Mr. That is why we need the fence along Mr. KING of New York. Mr. Speaker, Speaker, I continue to reserve the bal- the southern border first, and we will I yield 1 minute to the gentlewoman ance of my time. study the situation along the northern from West Virginia (Mrs. CAPITO). Mr. KING of New York. Mr. Speaker, border. Mrs. CAPITO. Mr. Speaker, I rise I yield 2 minutes to the gentleman Cost: $7 billion is a small fraction of today in support of the bill before us from Georgia (Mr. PRICE). the cost that illegal immigration im- because we need to act immediately to Mr. PRICE of Georgia. Mr. Speaker, I poses upon the taxpayers of the United seal our borders and protect the Amer- commend the chairman and the leader- States and the taxpayers of the various ican people. ship for their continued astute work on States of this country. It costs in ex- My office is full of bricks, bricks this most important matter. cess of $70 billion per year. mailed to me by my constituents, and On December 16 of last year, the Let’s take this very firm, very posi- to the offices of many of my col- House responsibly debated and passed tive step and I urge everyone to sup- leagues, with urgent pleas to act to se- H.R. 4437. Part of that bill was an port the King legislation. cure our borders. These bricks are amendment that I authored that is now

VerDate Aug 31 2005 02:11 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.059 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6585 incorporated into section 2 of this bill. pleased to be standing here to endorse The Border Patrol lists among its ob- It is the accountability portion. It is the King bill, and the chairman’s work jectives to detect, apprehend and deter the oversight portion. And account- is exemplary. drug smugglers. Our Border Patrol ability is truly the key. I also endorse the definition in here agents in the field need a clear, all-in- We are in this position today because of operational control of this border. It clusive pursuit policy to show that we of benign neglect from Washington. In is a right-on-the-spot definition that are serious about defending the border. 1986, another bill was passed that we need to adhere to across this coun- This bill will show our Border Patrol promised border security. That was not try. Last August 22 I called for a fence, agents we are more concerned about done, and the American people lost August 22, 2005. The news media them and border security than we are trust in Washington on this issue. lambasted me for a radical idea. about drug smugglers. Anything less In order to restore that trust, we Since that time, this House has voted makes our Border Patrol nothing more must first gain operational control. to pass a fence, and the Senate has than highly specialized and trained Operational control of the border is the voted twice to pass a fence. It has now Wal-Mart greeters. imperative, and section 2 is what ac- become bipartisan, and the White I urge adoption of this bill. complishes that. It will ensure that the House understands the need for a phys- Mr. THOMPSON of Mississippi. Mr. American people will know with cer- ical barrier on the border. Two thou- Speaker, I continue to reserve the bal- tainty that that task has been accom- sand miles, and we are spending $8 bil- ance of my time. Mr. KING of New York. Mr. Speaker, plished. lion a mile to watch the border. That is I yield 2 minutes to the gentlewoman My friends on the other side of the $4 million a mile, $8 billion a year; $4 LACKBURN). million a mile, and $2 million will build from Tennessee (Mrs. B aisle say a fence is not the only an- Mrs. BLACKBURN. I thank the gen- a fence and a wall. Then we can have swer, and this bill recognizes that. tleman from New York for his dedica- Look at section 2; it states that Home- an effective operational control that tion to our Nation’s security and bor- land Security shall take all actions meets this definition. der security, which is a huge part of So we need to have a fence and a wall necessary and appropriate to achieve that. and maintain operational control over on this border, and we are also watch- Mr. Speaker, after our Congress on the entire international land and mari- ing today as 4 million illegals cross the Road border security hearings, I time borders of the United States, in- this border a year, that’s 11,000 a night. would have constituents who would say cluding systematic surveillance of the Santa Ana’s army was 6,000 strong. tell me what you learned. What we international land and maritime bor- Twice that number every night is com- learned is this, is that every town is a ders and physical infrastructure. ing into America. You can’t sit on the border town and every State is a border This is not just a fence bill, Mr. border in the dark like I have and lis- State, regardless of where it sits in this Speaker. It is also not just a Repub- ten to that infiltration and believe Nation. We also learned that what lican issue, it is not a Democrat issue; that you can do it with something Americans want is to secure the border it is an American issue. I encourage called virtual. It has got to be a phys- first. and challenge my friends and col- ical barrier. That is their priority, and they are in leagues on both sides of the aisle to There are $65 billion of illegal drugs hopes that we are going to join them support this important measure that pushing on that wall. We can shut all and work with them. We know it has all of our constituents demand. of that off and save America drug ad- been the House’s priority, and we are Mr. THOMPSON of Mississippi. Mr. dicts at the same time. hoping that the administration and the Speaker, I yield myself such time as I I support the bill. Senate will join us in this effort. may consume. Mr. THOMPSON of Mississippi. Mr. We have also learned that what In reference to what the last speaker Speaker, I continue to reserve the bal- America wants to see is some type of said, that this is not a fence bill, look- ance of my time. border wall or fence or technology that ing at the title, it is the Secure Fence Mr. KING of New York. Could I in- is going to get results and that will end Act of 2006. quire of my friend from Mississippi if illegal entry into this country, whether he intends to use all his time with b 1415 it is of drugs, whether it is of individ- more speakers? uals. They want the illegal entry to Undoubtedly, there is some mis- Mr. THOMPSON of Mississippi. Mr. end. understanding. The other point I would Speaker, we are waiting for two more The Secure Fence Act is a result of like to raise, Mr. Speaker, we have al- speakers. our hearings. We have heard. We are ready voted on this matter. It is al- Mr. KING of New York. I thank the heeding what we have heard, and we ready on the books, been sent to the gentleman. know this is not the be all and end all, Senate, and basically it is there. We Mr. Speaker, I am pleased to yield 1 but it is one part of this important could be spending significant time minute to the gentleman from Texas process. We get it. We hear the Amer- doing other items like adding Border (Mr. POE). ican people. We hear the border guards, Patrol agents to a bill, technology, Mr. POE. Mr. Speaker, I appreciate and we also hear American law enforce- other equipment that we already know Chairman KING’s work on this bill ment officers at the local and State that we need. But this unfunded man- showing that it is a national security level. date in terms of this fence is unfortu- issue and not just a problem that we We are committed to doing the right nate, because we are just doing and re- have in the Southwest. Many in this thing. As I said, I hope that the Presi- peating what we have already done in Congress have been following what dent and Senate will join us in sup- the past. they believe to be the absurd anti- porting these endeavors. We welcome Mr. Speaker, I reserve the balance of American prosecution of two Border bipartisan support on this issue. For my time. Patrol agents, Ignacio Ramos and Jose those who have sat back and have Mr. KING of New York. Mr. Speaker, Compean, who were doing their jobs to avoided the issue or refused to take a could I inquire how much time both protect the U.S. border and protect position, now is the appropriate time sides have? drugs from entering America. for them to basically get off the fence The SPEAKER pro tempore (Mr. Instead they were improperly put on and join us in supporting this. It is re- LATOURETTE). The gentleman from trial for what the U.S. Attorney who sponsible, and, indeed, it is an issue of New York has 151⁄2 minutes, and the prosecuted this case said was the un- national security. gentleman from Mississippi has 18. lawful pursuit of an illegal invader into Mr. THOMPSON of Mississippi. Mr. Mr. KING of New York. Mr. Speaker, this Nation who was bringing 800 Speaker, we have two speakers en I yield 1 minute to the real gentleman pounds of dope into this country. route, one we just talked to, who from Iowa and the real Mr. KING. One part of the bill that I wish to assures us he will be here shortly. Mr. KING of Iowa. I thank the gen- highlight is section 5. This portion di- Mr. Chairman, do you have someone tleman from New York, and I am rects the Border Patrol to make clear else? pleased to be called a real gentleman the policy on pursuit and whether the Mr. KING of New York. Actually, we here on the floor of Congress. I am very authority should even be expanded. have a pinch hitter. I yield 11⁄2 minutes

VerDate Aug 31 2005 02:11 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.061 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6586 CONGRESSIONAL RECORD — HOUSE September 14, 2006 to the gentleman from Texas (Mr. ica, this bill is designed to erect a The citizens I represent who live on HENSARLING). fence along the entire border of Texas, the southern edge of the country live Mr. HENSARLING. Mr. Speaker, including all of the area that I rep- in the very area that this wall would be Iraqis have been caught trying to infil- resent along the Rio Grande River be- built. Those who I represent that live trate our southern border. Iranians tween Texas and Mexico. hundreds of miles away are recognizing have been detained trying to cross our With no funding accompanying the that we shouldn’t be punished by pos- southern border, Jordanians and people bill, it is really less of a fortification turing politicians high on the prospects from countries where al Qaeda recruits. than a fairy tale, and it is also results of stirring up fear thousands of miles Border security is national security, from public concerns on this issue that away with people who have never been and yet the Democrats are now holding arise from the failure of the Adminis- to our Texas border. hostage border security for their am- tration to fund the 2,000 Border Patrol Rather our entire country, all of our nesty plan. This is wrong. Mr. Speaker, agents that we proposed in 2004 when it families, will be safer if we have a plan we have the means to control our bor- ended up providing only 210. for enhancing border security enforce- der, but do the Democrats have the It is similar in concern to the raid ment, as well as for overhauling our will? that President Bush and his Adminis- immigration system. One of the biggest When they talk about immigration, tration made on our Texas Border Pa- wrongs committed in this round of the question is not yes or no, the ques- trol agents, when it moved them to Ar- hearings, this dog and pony show that tion is illegal versus legal. That is the izona, in what even my Republican col- House Republicans have taken around question. We know that a fence does leagues condemned as an ‘‘outrage.’’ the country, is to make an attempt to not solve the entirety of the problem, They cannot put Humpty-Dumpty to- confuse the violence associated with but if you talk to our Border Patrol, as gether again because reality does not drug cartels along our border with im- I have, if you have talked to our border comport with their rhetoric. migrants coming here seeking a better The solution to our problems with sheriffs, as I have, you will note that future, the same kinds of immigrants immigration will take more than con- strategically placed fences and walls, that came here in previous centuries crete. You cannot build a wall high particularly where these human smug- looking for a better life in America. enough or long enough. You cannot glers will gather, is a very important The two are separate, except to the ex- pour in the billions and billions of dol- part of a comprehensive strategy to tent that enforcement policy only lars that they propose over the next control our border and helping stem drives some seeking a better life to decade for this wall, if it were ever the tide of illegal entry. funded, to keep people who are hungry some of the gangs that are also respon- We know that many people are com- sible for drug violence. ing here for the right reasons, but from coming to this country. What we need is a comprehensive ap- Similarly, the attempt to confuse our many people are also coming for the proach that includes securing our bor- people and make them think that wrong reasons. Unbridled, illegal immi- ders, but at the same time realizes that Osama bin Laden is headed north in a gration threatens our national secu- much of our American industry and ag- sombrero and that we face a great in- rity, our border security and the rule riculture depends on immigrant labor. vasion of terrorists across the Rio of law. We should approve this legisla- We need a way to encourage that labor Grande is also appealing to fear and tion and take that first bold step in to enter the country in a legal, not ille- the unknown rather than appealing to helping secure our borders. gal fashion. If you do nothing but erect the reality of how we secure our bor- Mr. THOMPSON of Mississippi. Mr. a false barrier and fail to include at the ders. Speaker, putting a fence up really same time a legal way for labor to b 1430 doesn’t stop people if you don’t put the enter this country to seek a better life support system around it. So I would Many Americans have a legitimate and to help us have a better life, one is concern for securing our borders. In encourage my colleagues at some point left with a tremendous false sense of some areas, it may be that limited use to look at comprehensive border secu- security for a wall that didn’t work in of walls and certainly much broader rity and that approach, as well as de- Berlin, didn’t work around Hong Kong, use of our Border Patrol will provide veloping a comprehensive border secu- and hasn’t worked in many other areas part of that solution. But without the rity plan. Just because somebody hap- and is not the kind of comprehensive comprehensive approach that we so pens to be Jordanian or Iranian or solution we need. what have you does not make them il- History and Humpty-Dumpty teach desperately need, we will not have legal, and I think what we have to do is us that great walls are not the answer. solved the problem of immigration, of do it the right way. If you have a fence What we need today is not a facade like its contribution to our economy, and of and don’t have staff to support it, you that which is being proposed, we need the concerns it raises for some of our still haven’t done much. leadership and real action. border communities. Mr. Speaker, I yield as much time as Any high school student who has I salute the gentleman from Mis- he may consume to the gentleman completed, even at the C level, a civics sissippi for his leadership on this mat- from Texas (Mr. DOGGETT). course at Johnson High School or ter, and I believe that next year, when Mr. DOGGETT. I thank the gen- Crockett or Bowie High School in Aus- we have a more responsive Congress tleman greatly. tin, Texas, knows that when the House that cares about placing a priority on Mr. Speaker, like Humpty-Dumpty passes one bill and the Senate passes the real problems that affect American atop a great wall, the Republican lead- another bill, both Republican bodies, families, we may be able to finally ership’s false proposal that we consider with the President seeming to timidly move toward a comprehensive immi- today is really on the edge of a great favor the Senate bill, that the solution gration approach, and not just a series fall. isn’t to go around and have a round of of campaign speeches by people who This is not so much about broken im- show hearings and piecemeal a meas- want to distort and who want to shift migration policies, as it is about a ure. One must cause the two bodies to the focus of debate from the failures House leadership that is desperately come together and try to achieve a rea- that they have been responsible for trying to cling to power and realizing sonable consensus. these many years in the House of Rep- that it is about to take a great fall. A Instead, House Republicans have resentatives. great fall because, in part, on immigra- done everything that they possibly can Mr. KING of New York. Mr. Speaker, tion, as with so many other issues, it to stymie consensus and stymie a com- I yield myself such time as I may con- has had years to act, and years to re- prehensive solution. Instead, they sume. spond. Like this Administration, it has bring us the false hope of a giant and Mr. Speaker, I have been trying to failed to secure our borders or find a costly wall that will not solve this listen as carefully as I can to the de- meaningful way to deal with immigra- problem. We need the President and a bate, and the only real argument that tion. Congress who support real security and I hear that really make any sense is So today, as part of the campaign of who are willing to stake some of their that building a fence is not the only fear and hate that it has promoted over future on that, not some kind of answer. I think all of us on this side the recess with hearings across Amer- barbed-wire smokescreen. agree. But we also believe it is a very

VerDate Aug 31 2005 02:11 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.063 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6587 essential part of the answer, a signifi- Mr. Chairman, here we are again. to do something. Well, sometimes the cant step; and the fact that, again I re- Nine months ago, we were on this floor half measures are actually things that peat, that we can’t do everything, does passing half measures to deal with the make things worse. not mean we should do nothing. That is problem. Now we are back to dealing What we need to do, and we know why it is, I believe, essential to go for- with it in quarter measures. We don’t that we can get more than this, all we ward with the legislation today, since need these kinds of approaches. We have to do is be willing to walk 100 there is broad support for it; both here know what the problems are. We don’t yards across the Capitol to the other in the House and in the Senate, as well, need to have the faux hearings all over side and negotiate, to start talking there is support for it, and also among the country that we had this summer with them about a comprehensive solu- the American people. to tell us what the problems are. tion, something that will secure our Also, as far as the references made to The time has come to reject these borders once and for all. terrorists coming across the southern kinds of partial measures, more of the So, Mr. Chairman, I urge that we re- border, there is no doubt that there same that we have been doing, and get ject this piecemeal, this rerun bill, and have been captured al Qaeda docu- at the root of the problem. And the do what is right for the American peo- ments which indicate the desire of al root of the problem, as we well know, ple. Let’s go to conference with the Qaeda to bring people across the south- is the job magnet that exists in this Senate. ern border. country, that pulls migrants in, that Mr. KING of New York. Mr. Speaker, Mr. Speaker, I am privileged to yield makes them willing to do the jobs that I yield 1 minute to the gentlewoman 2 minutes to the gentleman from Geor- most Americans are not willing to do, from North Carolina (Ms. FOXX). gia, Dr. Gingrey, a member of the hard, back-breaking work out in the Ms. FOXX. Mr. Speaker, I rise today Rules Committee. hot sun. to support the Secure Fence Act. House Mr. GINGREY. Mr. Speaker, I thank Fences are not going to stop these Republicans have been committed to the chairman for yielding. people from coming. They are deter- taking action which will strengthen Mr. Speaker, on December 16, 2005, mined to come here. They have been border security now. I have long been the House of Representatives passed coming against all odds, and they are committed to this issue. The people of H.R. 4437, the Border Protection, Anti- going to continue to come. the Fifth District of North Carolina terrorism and Illegal Immigration Con- Furthermore, half of all the people and the people of this country want us trol Act of 2005, by a vote of 239–182. In- who are in this country illegally came to fulfill our constitutional duty to se- cluded in the final version of that bill here on a legal visa. This doesn’t do cure our borders. was an amendment that was offered by anything to deal with that, it doesn’t H.R. 6061, the Secure Fence Act, will Mr. HUNTER, Mr. DREIER, Mr. GOODE, do anything to deal with the people address our immediate need to secure Mr. ROYCE and myself to construct a who come from other than across our our borders. We must address our vul- high-tech security fence along the southern border, and it doesn’t really nerability and strengthen our oper- most populated and in-need parts of deal with that. ational controls on our borders our border. This past August, I had the oppor- We need to have a comprehensive fix through more personnel, greater state- tunity to visit the border fence in San to the problem. I know people are tired of-the-art technology and surveillance, Diego, California, and I can vouch for of hearing that word, ‘‘comprehen- and additional physical barriers. its effectiveness. I agree that it may sive,’’ but tell me a better word to de- We know there is more that needs to not be cost effective or even necessary scribe something that deals with all of be done to deal with the illegal alien to line our whole northern and south- the parts of the problem and that that issue, but this is definitely the right ern borders with a security fence, but is what we don’t have here. Not just first step. I urge my colleagues to vote in the most populated areas where fencing, not just sensors, not just in support of the Secure Fence Act. there is not much room separating two UAVs. Those are important. Those are Mr. THOMPSON of Mississippi. Mr. cities, like Tijuana, Mexico, and San part of the problem. And I have no dif- Speaker, I yield 4 minutes to the mi- Diego, California, a secure border fence ficulty with the idea of a fence, but we nority whip, the gentleman from Mary- would be a valuable investment be- need to have it as something more than land (Mr. HOYER). cause it provides our Border Patrol the just on its own. By itself, this falls Mr. HOYER. Mr. Speaker, I thank time necessary to apprehend smugglers very short. the gentleman from Mississippi for and others crossing the border ille- We have got to have a guest worker yielding. gally. program. We have got to have a real- Mr. Speaker, every single Member of I commend Chairman KING and the istic, honest assessment and solution this House understands that we must House leadership for revisiting this to the 12 million people who are in this secure our Nation’s borders. Our Na- issue, because it is the most basic and country now in an undocumented sta- tion is at war, and those who seek to effective means for securing our bor- tus. Unless we do that, we only exacer- harm our homeland and our people will der, in this Congress. Like locking the bate the problem. attempt to exploit our national secu- door to your house before turning on Mr. Speaker, there is no evidence rity vulnerabilities. There is no ques- the alarm, it only makes sense to begin that any terrorist has come across our tion, to protect our country, we must enforcement of our borders with phys- southern border. None. And that was know who is in our country. ical barriers. testified to time and again this sum- But rather than work with Demo- Mr. Speaker, we need to stop the flu- mer. So if we are really concerned crats to achieve this consensus na- idness of our borders before we consider about terrorists, we ought to be much tional security objective, the House any other immigration idea. In the more concerned about our northern Republican majority today is engaging words of a doctor, we need to stop the border, where there are many more in a cynical charade, I suggest. bleeding before we can stitch the miles of unprotected border without This is not a feel-good measure. I wound. Constructing barriers on our camera sensors, without fencing. And agree with most of what my friend borders is a critical first step toward it is also a country where we know from Arizona had to say. This is not a curing this patient. there are terrorist cells that exist feel-good measure; this is a political Mr. THOMPSON of Mississippi. Mr. there. So we know that the problem ex- measure. This is a political measure, Speaker, I am happy to say at this ists up there. because Americans are rightfully con- time that there is bipartisan opposi- So what are we really debating here? cerned about their borders being se- tion to this bill. I would like to yield 3 We are really not debating anything cure. They were concerned about that minutes to a border State Representa- that is of substance. This is a feel-good in 2001, 2002, 2003, 2004, 2005, and, yes tive, the gentleman from Arizona (Mr. piece of legislation. We have sent the every day up until today. But they KOLBE). bill to the Senate. They have sent the know our borders are not secure. Mr. KOLBE. Mr. Speaker, I thank the bill back to us. This is simply a rerun Now, we haven’t been in charge of gentleman for yielding, and I thank the of what we have done before. the administration, the Congress or the gentleman from New York for his con- Chairman KING said a moment ago Senate. Prior to that, if you look at sideration as well. that we can’t do everything, we ought the record, we were more secure at the

VerDate Aug 31 2005 02:11 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.066 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6588 CONGRESSIONAL RECORD — HOUSE September 14, 2006 borders. If you look at the record, hon- Republican chairman of the Judiciary year’s current budget, in the supple- estly, you will see in terms of the num- Committee, said, ‘‘Republicans control mental budget, in the budget that we bers of people coming in, the numbers both Houses and the White House. If we will vote on for next year later this of people being stopped, the numbers of don’t move forward and solve the im- month. fines being levied on employers, there migration reform problem and border I draw my colleagues’ attention to was more, not less, in the Clinton ad- security, we are not doing our job.’’ these pictures, pictures of the kind of ministration than there is in the Bush Today, we are pretending to do our job. work that has been going on along the administration. We are not doing our job. There is a border for months now: Seventy-five This is, I suggest to you, to score po- bill in conference, but we are not work- miles of fence already completed, 42 litical points that are going to be, not ing on it. miles of fence nearing completion, could be, are going to be demagogued Today, I urge you to support the more Border Control officers, more de- in 30-second ads. I guarantee you they comprehensive alternative that will be tention facilities, the return of people will be used in ads. offered by the ranking member of the who have illegally entered this country The legislation before us solely con- Homeland Security Committee, which to their country for the first time in tains the border fence provisions that deals in a comprehensive way, which is decades, the assistance of the National were added to the Sensenbrenner immi- what President Bush suggested we Guard. All have led to a more secure gration reform bill that passed this ought to do. border. Today we continue our efforts House last December with over- We should be coming together, on a bipar- to undertake emergency measures to whelming Republican support. tisan basis, on comprehensive legislation that ensure that the operational control of This is what I call to some degree the would make us safer by beefing up security the border will continue to improve. ‘‘regurgitation process’’ that we are in along our borders. Again, I commend Chairman KING for so much. We pass a bill, it doesn’t go That is precisely what the Reyes-Thompson his leadership. This act, the Secure anywhere in the Senate; we pass it substitute would do—providing the technology, Fence Act of 2006, will provide over 700 again, it doesn’t go anywhere in the personnel, equipment and infrastructure to miles of two-layered, reinforced fenc- Senate; we pass it again. Why do we do monitor and secure every mile of the border ing along the border. It will mandate so? To appeal to the fears and the pas- every hour of every day. that the Department of Homeland Se- sions of our people. Instead, House Republicans are engaging in curity maintain operational control Let me just say, building a fence this charade. over the entire border through a ‘‘vir- along 700 miles of our southern border Mr. KING of New York. Mr. Speaker, tual fence’’ comprised of electronic is no panacea to our very real national I am pleased to yield 3 minutes to the surveillance and equipment. concerns that must be addressed. In my distinguished majority whip, the gen- I urge my colleagues to take another view, it is a political grandstand play tleman from Missouri (Mr. BLUNT). step today for greater border security that wastes precious time. Mr. BLUNT. Mr. Speaker, I thank by voting for this act. Here, in fact, is what the President of the gentleman for yielding, and I thank Mr. THOMPSON of Mississippi. Mr. the United States, President Bush, Chairman KING also for his hard work Speaker, I yield 2 minutes to the gen- said, in May regarding the issue of im- on this legislation and for the tremen- tlewoman from Texas (Ms. JACKSON- migration reform and border security, dous efforts of his committee, a com- LEE). exactly what the gentleman from Ari- mittee that this Congress didn’t have Ms. JACKSON-LEE of Texas. Mr. zona, the Republican chairman of one as a standing committee until a year Speaker, I thank the distinguished of our subcommittees of the Appropria- and a few months ago when he put to- ranking member for yielding, and I tions Committee. President Bush said, gether, and his colleagues, the first ef- would like to associate myself with the ‘‘An immigration reform bill needs to fort congressionally from a permanent majority whip’s comments, as he ex- be comprehensive because all elements committee to look at these important plained the comprehensive approach of this problem must be addressed to- issues. that we are arguing for, supporting on gether or none of them will be solved Our immigration system, Mr. Speak- the floor of the House. at all.’’ er, is fundamentally flawed. There are I raised this earlier, a letter from We passed a bill. The Senate passed a millions of workers in the United four governors, two Republicans Gov- bill. But we haven’t gone to conference. States who entered the country ille- ernor Schwarzenegger from California The Republican leadership of the Sen- gally. Most of those individuals mean and Governor Perry from Texas, the ate and the House have been stuck in no harm to anyone. But any govern- Governor of Arizona and the Governor the mud while America knew it had a ment that cannot account for all those of New Mexico. They begged this body problem that needed to be solved. entering and leaving the country, ei- to enforce a response to immigration Today, the House Republicans come ther legally or illegally, must deal seri- by making it a comprehensive re- forward with this rifle-shot bill, this ously and quickly with that problem, sponse. They begged us to stop holding regurgitation of one aspect of the legis- especially if the government is at war field hearings that do little but stir up lation. with an enemy that has publicly stated discontent, and they asked this Con- Mr. Speaker, we all know that the its efforts to exploit every weakness we gress to get to work, and that is what Republican bill, if it does pass, is going have. Democrats are saying. nowhere. It will not be passed. We are As one border sheriff said, standing This whole idea of a fence is not a wasting our time and the American by me at a news conference earlier this new idea. My colleagues on the other people’s time. year—a border sheriff, by the way, side of the aisle know that the fence For months now, Republican infight- from the other party, a border sheriff language is in the Senate bill. A simple ing has prevented this Congress from who understood this problem inti- conference could move a comprehen- enacting true immigration reform and mately every day. He said, ‘‘If you can sive response forward, but more impor- protection, and that infighting and un- come across the border for the per- tantly, as the Christian Science Mon- willingness to compromise on the part fectly understandable reason of a bet- itor said, the fence is only a tactic. It of House Republicans is what insti- ter job, you can come across the border is not a policy. And that is what has gated this narrow bill. in a way that does much more harm to happened in this Congress. We failed in Now, what compels us on this bill? people than anyone can now antici- the overall policy of addressing the We only have 21⁄2 weeks, 3 weeks to go, pate.’’ question of immigration. And so we fail the elections are coming, and, very our Border Patrol agents, we fail our frankly, the Republicans aren’t doing b 1445 Customs and Border Protection agents too well, and the fear factor is one of As I have been discussing with many to the extent that they do not have their major political ploys. of my colleagues in recent days, the enough resources to have what we call Our Republican friends are desperate House has already had success in secur- secondary inspections. for a legislative victory and desperate ing resources, such as additional Bor- So what we are talking about is add- for political talking points. They rec- der Patrol agents and vehicles, for im- ing 3,000 new Border Patrol agents, ognize that, as Senator SPECTER, the mediate border security needs in this making sure we have 12,000 new agents;

VerDate Aug 31 2005 03:36 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.068 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6589 creating 2,000 new Immigration and by going around both ends of the fence. This cases, deporting those who are deportable or Customs Enforcement agent positions, has diverted illegal traffic to more remote providing other results as required by law. having coordination between the areas, but it has not stopped people from 7. Finally, the Thompson Substitute Directs northern and southern border. They crossing. It just makes crossing more dan- DHS to: don’t talk to each other. Creating de- gerous and increases reliance on professional Locate and Deport ALL Criminal Aliens; tention beds, having a virtual reality. smugglers. The diversion to more desolate Deport ALL Deportable Criminal Aliens Does anybody know what we will do areas has exacted a heavy toll in human lives. Serving Sentences in State or Federal Correc- with those individuals that are caught? Moving through the mountains and scorching- tional Facilities; We are creating 25,000 new detention hot deserts has resulted in many deaths. The Ensure that Local and State Correctional beds. That is what Democrats are talk- number of persons who have died crossing Facilities Cooperate in the Deportation of ing about, comprehensive reform. the border since the fences were constructed Criminal Aliens at the End of Criminal Sen- Then I might suggest that the other is conservatively estimated at 3,600. Mr. tences; aspect of what we are saying is that we Speaker, this is not the way to secure our bor- Improve and Strengthen Border and Immi- must have surveillance. We must have ders. gration Enforcement; and physical infrastructure. We have got to A NEW DIRECTION ON BORDER SECURITY Return Deported Aliens to Countries that be able to address this question from What we should do instead is follow the di- Delay or Deny Return of their Citizens. both sides, not a single one-target rection charted for us in the Thompson Sub- Mr. Speaker, were the majority party in this issue. This issue before us is dividing stitute which, among other things: House serious about securing the nation’s bor- and divisive. 1. Establishes Operational Control of All ders, it would eagerly embrace and adopt the We ask that you support the Demo- Borders and Ports by requiring the Depart- Thompson Substitute. A vote for H.R. 6061 is cratic motion to recommit but, more ment of Homeland Security (DHS) to develop a vote to continue down the same wrong- importantly, that you answer the ques- a comprehensive border security strategy that headed path that got us into the fix we are in. tion, not a tactic, Mr. Speaker, but yet increases deployment of Border Patrol agents, It is foolish to maintain the status quo and stay a policy. provides increased surveillance through the the course. It is time for change. It is time for And I close by saying read the news- use of technology, and ensures the free flow a new direction. papers. This is a drug fight at the bor- of legitimate travel and trade. It also mandates I urge you therefore to vote against H.R. der. Where is the DEA? Where is the placement of technology to monitor every mile 6061, the ‘‘Secure Fence’’ (but insecure Bor- FBI? Where is more funding? That is of the border 24 hours a day, 7 days a week der) Act. really what we are addressing. and permits the emergency deployment of up Mr. KING of New York. Mr. Speaker, Mr. Speaker, I rise in opposition to H.R. to 1,000 additional U.S. Border Patrol agents I am proud to yield 1 minute to the 6061, the so-called ‘‘Secure Fence Act of for the purpose of patrolling and defending the gentlewoman from Florida, a member 2006.’’ I oppose the bill because it neither a international border. of the committee, Ms. GINNY BROWN- serious nor comprehensive measure to secure 2. Provides Significant New Resources An- WAITE. our nation’s borders. It does not provide any nually to Secure the Border including 3,000 Ms. GINNY BROWN-WAITE of Flor- specific dollar amounts to build the fence new Border Patrol agents (12,000 total) and a ida. Mr. Speaker, I rise today in strong called for in the bill, and nowhere does the bill new Border Patrol training facility to expand support of the Secure Fence Act. authorize the additional Border Patrol, Immi- capacity and an increase in Border Patrol Americans want real border security gration and Customs Enforcement, or Cus- agent and inspector pay from GS–11 to GS– now. toms Inspectors needed to secure the border. 13. There are substantial increases in per- When I went to the border, the sher- In short, Mr. Speaker, H.R. 6061 is an elec- sonnel authorized for Immigration and Cus- iffs along the border, the Border Pa- tion-year gimmick intended to obscure the fact toms Enforcement (ICE), U.S. Marshals, U.S. trol, they support the House bill, which that the majority party has done nothing of Attorneys, Immigration Judges, Coast Guard, we have now had to break up. consequence in the past 5 years to secure the Investigators of Fraudulent Schemes and Doc- I heard over the August recess from nation’s borders from terrorist attack. It is time uments, Port of entry inspectors, and Canine about 25,000 constituents who almost to try a new approach; it is time for a new di- Enforcement Teams. unanimously opposed the Senate’s am- rection. The Democratic Substitute offered by 3. Provides the Equipment and Resources nesty bill. They want the border closed Mr. THOMPSON, the Ranking Member of the Needed to Get the Job Done. The Thompson before we work on a guest worker pro- Homeland Security Committee, is a large step Substitute recognizes the importance of pro- gram. Yet obviously the Senate refused in the right direction and that is why I find that viding the tools needed to secure our borders to consider the whole package that the legislative proposal far superior to H.R. 6061. by authorizing the purchase of additional heli- American public supports. Instead, Mr. Speaker, building walls and fences is copters, power boats, motor vehicles, portable they decide to play fast and loose with not a panacea and a ‘‘one size fits all’’ ap- computers, radio communications, hand-held Americans’ hard-earned benefits by proach is a wholly unrealistic and inadequate global positioning system devices, night vision agreeing to broad amnesty. means of securing the border. Although some equipment, body armor, and weapons. Though the Senate put us in a ter- communities seem to approve of border 4. Ends the ‘‘Catch and Release’’ Practice. rible logjam, Chairman KING is show- fences, many others do not. For instance, Alex To maintain effective control over the border, ing with this bill that the House is se- Perrone, the Mayor of Calexico, California, is we must end the Bush Administration’s prac- rious about securing our borders. opposed to additional fences. Calexico already tice of ‘‘catch and release.’’ The Substitute Listen up, America. We agree that has a border crossing as well as a chain-link makes this possible by authorizing 100,000 lax border security is a threat. Illegal fence that separates it from its Mexican neigh- additional detentions bed spaces through FY aliens, criminals, and terrorists alike bor. According to Mayor Perrone, the border 2010 to assist with the deportation of undocu- can too easily cross the gaps too long towns have had a close relationship for more mented individuals. It also increases the num- left unplugged. We are a Nation at war than 100 years, and a massive fence would ber of Detention and Removal Officers by and cannot afford to play Russian rou- strain their friendship and symbiotic relation- 1,000 through FY 2010 to manage the addi- lette with border security. ship. Mayor Perrone believes that it would tional detention facilities and capacity and to I obviously urge my colleagues to change how our neighbors view us and how enhance the removal process. support the Secure Fence Act, and I we do business. 5. Promotes International Policies to Deter would like to briefly quote Robert According to U.S. Customs and Border Pro- Illegal Immigration by requiring DHS to report Frost, who said, ‘‘Good fences make tection Commissioner W. Ralph Basham, it to Congress on the progress of cross-border good neighbors.’’ And that is really does not make sense to construct fences security agreements signed between Mexico what this is all about. along the border. Stemming the flow of illegal and Canada and the United States, including Mr. THOMPSON of Mississippi. Mr. immigration and drug trafficking requires a the Smart Border Accord and the Security Speaker, I reserve the balance of my combination of manpower, technology, and in- Partnership for Prosperity. time. frastructure, not just barriers. 6. Orders DHS to Locate Undocumented Mr. KING of New York. Mr. Speaker, History shows that even the most substan- Immigrants that Have Been Set Free Under I yield 11⁄2 minutes to the gentleman tial walls can be breached. In California, the the ‘‘Catch and Release’’ program and in- from California (Mr. HUNTER), who is border fence has been circumvented by tun- structs DHS to locate all 110,000 of those un- the author of the original amendment neling (20 tunnels have been discovered) and documented immigrants and deal with these on the wall.

VerDate Aug 31 2005 03:36 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.071 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6590 CONGRESSIONAL RECORD — HOUSE September 14, 2006 Mr. HUNTER. Mr. Speaker, I thank tainers per year. We are not doing any- and the precise location of each segment of the chairman for yielding. thing to increase our inspection of the fence. We are neither engineers nor con- My colleagues, since 9/11 border en- them when only one of every 16 of struction managers nor do we know the best forcement became not an immigration those cargo containers that enter into alignment of such a fence. We should simply issue primarily but a national security our country is inspected as we speak. direct the experts to construct a fence that ac- issue primarily. We have to know who Mr. Speaker, we are on a path to do complishes the objective of preventing illegal is coming across our borders and what nothing. We are in essence immigration and allow it to be built in the most they are bringing with them. That re- moonwalking on the issue of immigra- cost-effective manner. quires a fence. tion reform once again. Without the Mr. WELDON of Florida. Mr. Speaker, I rise The fence in San Diego works. When Senate’s supporting us in the last 12 to strongly support H.R. 6061, the Secure we built that fence, we had border days of this legislative 2-year session, Fence Act of 2006. It is critical that we pass gangs robbing, raping, murdering, kill- what can we accomplish? Not a great this bill to further strengthen our borders. ing mostly the illegal aliens who came deal. House Republicans have been forced to through, preying on those people. We There is a bipartisan bill out there pursue this measure separately, because of had 300 drug trucks a month ramming that we could vote on today and get the earlier opposition by the vast majority of across the open border, coming through this done to the American people’s sat- Democrats who opposed that border security the sagebrush. We had a border that isfaction, but that is not being pro- bill. Unfortunately, liberals in the Senate weak- was out of control. It was the primary posed today. Instead, we have a pre- ened the House approved bills so much when smuggling corridor in the world for scription to do nothing. they brought it up for consideration in the Sen- smuggling of people and narcotics. It is time to change. Democrats are ate, that it is more of an amnesty bill than a We built the double fence. We ready to sit down with our Republican border security bill. I cannot support any bill stopped the drug trucks cold. We colleagues and friends and come up that weakens our borders and provides more stopped the murderers. We stopped the with a bipartisan approach that is benefits to illegal aliens, but that is what the border gangs. And the crime rate in the tough, smart, and comprehensive. Let’s Senate bill does. City of San Diego dropped by more get it done. H.R. 6061 places security first. Border secu- than 50 percent, according to FBI sta- Mr. KING of New York. Mr. Speaker, rity is national security. According to Customs tistics. I yield myself the balance of my time. and Border Patrol, 644 illegal immigrants from The fence works, and moving this At the outset let me commend and countries that sponsor terrorism were appre- fence across the Southwest before the thank my friend Mr. THOMPSON from hended by the Border Patrol in 2005. The fact next hot season, before the sun gets to Mississippi both for, I believe, the high that these individuals were caught illegally be 110 in the shade, which will happen quality of debate certainly on his side crossing into the U.S. should concern us all. next summer, getting that first stretch and hopefully on our side today and These illegal aliens were from terrorist-spon- of fence across the hot Arizona desert also for the cooperation that he has soring nations such as Somalia, Iran, Indo- will save many lives because about 400 given throughout the time that I have nesia, and Bangladesh, as well as from other people a year die in that desert of de- been chairman over the last year as nations, such as Afghanistan, Iraq, and Saudi hydration or sunstroke after their chairman of the Homeland Security Arabia, where Islamic militants, such as al- smuggler tells them it is just a few Committee. Qaida, operate. We do not know how many miles north to the road and it turns Mr. Speaker, there is no issue that is succeeded in entering illegally, nor do we out to be 10 or 20 miles. more on the minds of the American know whether they entered with plans to harm The fence works. Let’s replicate this people than illegal immigration, and Americans. As further proof that terrorists are attempting fence across the Southwest border so there is one part of the bill that we to enter our country, the Sheriff of Zapata we know who is coming into the coun- passed last December which has over- County, Texas indicated recently that Iranian try and what they are bringing with whelming support, and that is the con- currency, Arabic military badges, jackets and them. struction of a fence along significant other clothing are among items that have been Mr. THOMPSON of Mississippi. Mr. parts of the southern border, oper- discovered along the banks of the Rio Grande Speaker, I yield the balance of my time ational control of the balance of the River. Some of these attempting to cross the to the gentleman from California (Mr. border, and also to give Border Patrol border illegally are from militant Islamic groups BECERRA). agents the authority to stop vehicles, that have conducted terrorism on the U.S. A Mr. BECERRA. Mr. Speaker, I thank to use force to stop vehicles. But, living example is Mahmoud Kourani, the broth- the gentleman for yielding. again, the key part of this is oper- er of a Lebanese military leader of Hezbollah, Mr. Speaker, with approximately 12 ational control and significant control, an organization clearly identified as a terrorist days left in this legislative 2-year ses- including the use of a fence along the organization. He was able to come into our sion, we are talking about retreads, an southern border. country by bribing a Mexican consulate official idea that we have already voted on be- We can tell the American people we to obtain a Mexican visa and was smuggled fore, an idea that has passed this House have heard the message. We can tell into California. Fortunately, he was later but has been rejected by the Senate. the American people that we are will- caught. That is what we are being left with to ing to put aside political correctness H.R. 6061 will help shut down the flow of il- tell the people of America what we will and do the right thing. legal immigration into the United States do about our broken immigration laws. It is legislation that is humane be- through utilizing additional physical barriers, We are on a path to do nothing once cause it will save lives. It is legislation fencing, and state-of-the-art technology such again in this Congress on immigration that will work as it was done in San as UAVs. It calls for immediate construction of reform. Diego. It is legislation which would tell nearly 100 miles of two-layered reinforced This is a bill which says we want to the American people that we are seri- fencing along the southwest border. Addition- build a fence but provides not a single ous about combating illegal immigra- ally, it authorizes the Border Patrol to disable penny to get the job done on a project tion. And rather than wait for every- vehicles fleeing from Border Patrol agents. that will cost several billion dollars. thing, we will do what we can and we This is a good bill that takes immediate This is a bill that says we should try to will just step up to the plate and get it steps to close gaping holes in our border se- protect our borders but does not one done. curity. Having these fences in place will also single thing to increase the number of With that, I urge passage of H.R. 6061. enable the Border Patrol to shift agents from Border Patrol agents, Immigration En- Mr. VAN HOLLEN. Mr. Speaker, I want to those areas to focus on non-fenced areas, forcement officers, or Customs inspec- make my position on this issue clear. I support better utilizing our agents. tors that we need to make sure that we the construction of a fence to better secure The border fence in San Diego has proven protect our borders. This is a bill that our border and supported its funding in the to cut down on illegal entry. It is long overdue says it wants to protect America but Homeland Security Appropriations Act. How- that we expand this effective means of secur- does not a single thing about the cargo ever, this bill simply doesn’t provide for a ing our border. I am also pleased that the bill containers that are coming into this fence. In a typical example of congressional requests a study on the necessity and feasi- country through all our seaports every overreaching and micromanagement, the bill bility of constructing a state-of-the-art barrier day, some 12 million or so cargo con- specifies exactly how such a fence will be built system along the border with Canada.

VerDate Aug 31 2005 03:36 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00054 Fmt 4634 Sfmt 9920 E:\CR\FM\K14SE7.072 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6591 I urge the adoption of this resolution. dress immigration and border security. Over I urge my colleagues to support the bill. Mr. FARR. Mr. Speaker, I rise in opposition the past four and a half years, Republicans Mr. KIND. Mr. Speaker, as a nation founded to H.R. 6061. The consideration of H.R. 6061 have voted against Democratic amendments and built by immigrants, the United States has is a thinly veiled effort from the Republican that would have added an additional 6,600 a proud history of reaching out to foreigners Leadership to garner their party’s base sup- Border Patrol agents, 14,000 more beds to de- and offering refuge and opportunity to those port in November. H.R. 6061 is a red herring tain undocumented people, and 2,700 more who seek it. We must, however, find better to the real issue that Congress should ad- ICS agents. ways of ensuring that people who wish to dress: comprehensive immigration reform. However, these Band-Aid bills that the Re- enter our country to study, to work, to reunite But, as we all know, ‘‘Politics . . . (for) all publicans keep bringing to the floor do not ad- with family, or to seek refuge—do so legally too long, has been concerned with right or left dress the overall wound—our immigration sys- and maintain their legal status so they can be instead of right or wrong.’’ (Richard Armour) tem needs an overhaul from the top down. integrated properly and fully into American so- This bill’s objectives are not new to this Arming troops to intimidate the defenseless ciety. body, in fact, we have already voted on them and building up costly fences will not address The current immigration system is broken in the form of H.R. 4377, the very bill which the issues of immigration backlogs and more and requires comprehensive reform that has spurred protests all year long, throughout effective border patrol and customs manage- strengthens border security; bolsters enforce- the country, due to its punitive and unjust na- ment. ment of immigration laws; recognizes the im- ture. Mr. Speaker, let’s address the real issues portance of the immigrant workforce to the The major initiative in H.R. 6061 is to com- when it comes to immigration. Let’s talk about U.S. economy; and provides a realistic and plete segments of fencing, eventually ensuring the work these people are literally dying to practical solution for the twelve million undocu- 700 miles of it along the southwestern border. come over here to do. Let’s talk about why our mented immigrants residing within our bor- One section of this wall would cover practically neighbors would risk their lives and well-being, ders. Thus it is not sufficient to focus entirely the whole Arizona-California border. and that of their children and loved ones, to on border security. But Republicans and Democrats know that get across the border for low-paying jobs, in The bill before us today, however, address- more fencing along the border is like placing often less-than-desirable work environments— es only one aspect of the immigration prob- a band-aid on a gaping wound. It will not fix picking from pesticide sprayed crops, or tee- lem. Studies have shown that a large portion our broken immigration system; it will only tering 40 stories high in the air to make the of people living illegally in this country entered serve to move the flow of illegal immigration high rises they probably also helped build, through legal, work-based immigration chan- into more remote and dangerous portions of look clean. nels, but then failed to renew their status. This the country. Mr. Speaker, I ask you—when does the Re- shows that a bill focusing primarily on border In fact, Homeland Security Secretary Mi- publican Leadership stop playing politics here, enforcement will not prevent the increase of chael Chertoff has called fencing ‘‘a less effi- and start working on actual policy; Policy to immigrants living in this country illegally. cient way’’ to address border security than address the real issues important to Ameri- Therefore, while immediate measures need adding more border security officers and yet cans—like real immigration reform, like to be taken to address the status of immi- this Republican led House insists on consid- healthcare, education, rebuilding of our Gulf grants residing both within and outside our ering this bill. Coast, and ending the bloodshed in Iraq. borders, we must work to ensure a respon- Furthermore, building a 2-layer fence Mr. SMITH of Texas. Mr. Speaker, I support sible measure is produced that secures our through hundreds of miles of public lands and this legislation and appreciate Chairman border and enforces current law, does not pe- National Parks will have severe ramifications KING’s leadership on this issue. nalize American businesses, and addresses on the delicate ecosystems of the desert. Al- There is perhaps no more important issue the undocumented workers already living and ready in Arizona alone, the Border Patrol esti- than national security. And border security is working in our country. mates that 39 protected or proposed to be national security. protected species are being affected by its op- So I am pleased that the House Leadership While I will vote for H.R. 6061 today as a erations. This only serves to highlight how this has chosen to bring this bill to a vote. And be- step forward in securing our borders, I con- issue has not been viewed through a com- cause our colleagues on the other side of the tinue to hope that this Congress will enact a prehensive lens. Capitol say they want to secure the borders, more thoughtful and long-lasting solution to As people cross our southern border, what I am hopeful this bill will soon be signed by this most pressing issue. kind of image do we want to portray to visi- the President. Mr. ORTIZ. Mr. Speaker, I rise to oppose tors, our own citizens or their family mem- The bill requires the Department of Home- the Border Fence bill. It is yet another in- bers? We should not convince ourselves that land Security to prevent illegal entry into the stance when the leaders in this Congress America is exempt from the images associ- United States within 18 months of enactment chose to ignore the real issues facing Ameri- ated with other historic barriers, such as the by using technological and physical infrastruc- cans and consider legislation this Congress Berlin Wall, the Maginot Line and the Great tures. Many of us have been calling for this for has already passed. I opposed the legislation Wall of China. years. for the border fence when it was before the I urge the Republican Leadership of the In fact, another provision of H.R. 6061 House earlier this year and I will oppose it House of Representatives to address com- builds on a concept included in the 1996 Ille- again this time. prehensive reform of the Nation’s immigration gal Immigration Reform and Immigrant Re- There is an awful practice this House has system so that immigration is legal, safe, or- sponsibility Act, which I authored as Chairman consistently gotten into . . . passing bills with derly, and reflective of the needs of American of the Immigration Subcommittee. In that bill great fanfare, then not funding them. That is families, businesses, and national security in- we required fencing to be built near San what we have done with the 9–11 report . . . stead of engaging in this election year political Diego, California, because of the large number the Majority was guilted to pass into law the grandstanding. of illegal border crossings. reforms the 9/11 Commission told us would Ms. LEE. Mr. Speaker, I rise today in strong That fencing was built and it was effective— prevent us from another attack. Then we opposition to H.R. 6016, the so-called Secure the number of illegal immigrants crossing in never funded it. Fence Act. that area fell drastically. This border fence is a profoundly bad policy Once again, we are playing politics instead And now illegal immigrants cross the border because it won’t work. Yet it is already in- of debating sound public policy. As we con- in places with no barriers or that have only ve- cluded in 2 bills passed by the House this duct the last legislative business before No- hicle barriers that are easy to climb. year. This is election year politics at its worst. vember’s mid-terms, the Republican Leader- Over one million people were apprehended The $2.2 billion it is estimated this bill would ship has fast-tracked a bill that was introduced crossing the border illegally last year; millions cost could fund almost 2,500 new Border Pa- just yesterday, in a cynical attempt to mislead of others crossed illegally but were not appre- trol agents for five years, a 22% increase in the American people, who are demanding real hended. It is clear that Congress and the Ad- the force. policy, not this political pandering. ministration need to do everything possible to This is not about security. You want secu- Mr. Speaker, we have had plenty of time to secure the border. rity? Then you want comprehensive immigra- have an actual debate on immigration. This Anything less leaves our country more vul- tion reform. This President and this Congress rhetoric is simply a way to make it look like nerable to terrorist attack and leaves our citi- brought us to this place . . . where our Border Republicans are doing something, when they zens and legal immigrants paying the welfare, Patrol agents routinely release OTMs (Other have squandered opportunities to pass education, healthcare and other costs associ- than Mexicans) into the U.S. population be- amendments offered by Democrats to help ad- ated with illegal immigration. cause we have no room to hold them.

VerDate Aug 31 2005 04:31 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00055 Fmt 4634 Sfmt 9920 E:\CR\FM\A14SE7.034 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6592 CONGRESSIONAL RECORD — HOUSE September 14, 2006 It is in the national security interest of this and we can do better. I urge my colleagues to The most notable of these acts was the se- nation to know who is living inside our bor- reject this embarrassing bill. ries of well-publicized pretend hearings around ders, and we cannot do that without offering Mr. CARDIN. Mr. Speaker, I am dis- the country, which were designed to score them a path to citizenship so they can come appointed today that the House is once again media points and not resolve differences to out of the shadows and be part of this econ- refusing to take up substantive, comprehen- move the legislation forward. The introduction omy. That’s how you secure this country—not sive border security and immigration reform and passage of this border security legislation with a fence. legislation which could actually be enacted is the latest in a line of political acts. Rather As the founder and co-chair of the Congres- into law before we adjourn for the year. than continue this game, the majority leader- sional Border Caucus, I have been advocating Mr. Speaker, it is absolutely critical that ship should be willing to move forward in an for adequate border security funding before it Congress pass meaningful and effective bor- honest effort to resolve differences and pass a was a political issue this year. In particular I der security and immigration reform. Since the real bill. have been concerned with the lack of deten- 9/11 terrorist attacks, Congress has taken sig- Questions of border security and immigra- tion space, the need for adequate technology nificant steps to secure our border and pre- tion reform should be dealt with in a very seri- for our United States Border Patrol, the need vent another terrorist attack on our soil. Con- ous manner. By choosing to play politics with for more immigration judges, prosecutors and gress created the Department of Homeland an important and sensitive issue we are just customs agents, and the importance of sanc- Security (DHS) and a strong Director of Na- breeding more cynicism on the part of the tions on employers illegally employing immi- tional Intelligence, which constituted the larg- American public and making scapegoats out grants. est reorganization of our law enforcement and of both undocumented immigrants as well as None of those issues are addressed in the intelligence services since World War II. the many who are here legally and are feeling bill before us today. Rather, this bill simply au- As a former member of the House Home- increasingly uncomfortable because of this po- thorizes 700 miles of fencing—again—along land Security Committee, I know that the larization. the 2,000 mile U.S.-Mexico Border. United States must move rapidly to: establish Fortunately, the American public will have a The Southern part of my district rests along operational control of all borders and ports; say in November and have a chance to vote the U.S-Mexico border and my constituents end our ‘‘catch and release’’ practice of aliens for new leadership and bring an end to the want real solutions. We have 8–10 million apprehended crossing the border illegally; ef- charade surrounding immigration and border people living in this country that we have ab- fectively organize the border security agencies security reform. solutely no information on. This is a national within the Department of Homeland Security; Ms. KILPATRICK of Michigan. Mr. Speaker, security issue. In a post September 11th and promote international policies to deter ille- I rise today in opposition to H.R. 6061, the Se- gal immigration. world, we must comprehensively address im- cure Fences Act of 2006. We need a com- I support the Motion to Recommit to this migration and border security. When Congress prehensive solution for our immigration policy. legislation, which would: create 3,000 new This measure irresponsibly attempts to gloss last addressed immigration reform it was in U.S. Border Patrol agent positions; create over the problem of securing our nation’s bor- the late 1980s and they did not do it to- 2,000 new Immigration and Customs Enforce- ders rather than working to finalize negotia- gether—that was a mistake and this Congress ment agent positions; improve recruitment and tions on a all-encompassing solution. It is a is going down that same wrong path. retention of border security personnel; create transparent political attempt by the majority to Border security and immigration enforce- 25,000 new detention beds annually, for a coerce voters into believing something is ment are very serious issues which deserve total of 100,000 new detention beds; and de- being done, when in fact this measure does solemn debate and discussion in Congress. velop a comprehensive border surveillance not even outline a funding mechanism to put They are not getting them with this controver- system. sial political ploy. I agree with the former 9/11 Commissioners, these provisions into action. Here’s a real solution: provide a virtual who recently issued a report which concluded According the Department of Homeland Se- fence to substantially improve border security that Congress and the Administration have curity, we need a varied approach to the bor- and immigration enforcement, as the Reyes- much more work to do to make America safer, der security problem combining personnel, Thompson substitute proposes. Their motion and gave our government fair to poor grades equipment, technology, and infrastructure im- includes provisions to provide the technology, for our current level of border security. This provements. For the estimated cost of the personnel, and equipment needed to monitor legislation does nothing to provide the signifi- fence proposed in H.R. 6061, we could in- and secure every mile of the border 24 hours cant new resources called for by the 9/11 stead spend $2 billion to purchase the 35,000 a day, 7 days a week. Commission report. detention beds authorized in the 9/11 Act of I urge the members to vote ‘‘no’’ on the bor- I am disappointed, therefore, that the lead- 2004 and end the ‘‘catch and release’’ prac- der fence, and to support the Reyes-Thomp- ership of the House of Representatives has tice. For $360 million we could hire, train, and son substitute. failed to allow the House to take up a com- equip 2,000 new border control agents also Mr. STARK. Mr. Speaker, I rise in strong prehensive homeland security and immigration outlined in the 9/11 Act. For $400 million we opposition to H.R. 6061, the Secure Fence reform bill that addresses the pressing could hire 250 port-of-entry inspectors or ac- Act. I ask my colleagues: If you were consid- vulnerabilities in our border security. The quire 1,000 radiation monitors to screen 100 ering illegally immigrating to a country, which House has already passed legislation in De- percent of the cargo entering U.S. ports for would be more likely to keep you out: a fence, cember which authorizes the creation of new nuclear material. Spending what will likely be or knowing that it would be impossible to get fencing, and the Senate has passed a much over $7 billion to build a fence instead of pro- a job in that country? broader border security and immigration re- viding the enhanced manpower and tech- The answer is obvious. You can’t tunnel form measure. The House leadership should nology the Department of Homeland Security around unemployment. immediately proceed to a conference with the has identified as necessary is a misuse of tax- So why won’t my Republican colleagues Senate to reconcile these differences. Border payers’ money. support comprehensive immigration reform security is too important and should be in- American citizens deserve real solutions. that would provide a stable, legal workforce cluded in legislation that can be quickly en- The problem of securing our Nation’s borders and harshly punish employers who hire illegal acted into law. is not one exclusive to the southern border. immigrants? Maybe they don’t want to admit Mr. BLUMENAUER. Mr. Speaker, today’s The lack of adequate border control enforce- that we need some immigrant labor to make house bill H.R. 6061 signals a complete abro- ment at the northern border presents a serious this country run. Maybe they don’t want to of- gation of responsibility on the part of the threat to our national security, particularly in fend their corporate backers who want to con- House Republican leadership. If they were se- respect to the war on terror. A border security tinue exploiting illegal immigrants by paying rious about solving the problems of immigra- measure calling for nothing more than a study them low wages without benefits. Maybe they tion they would not just introduce another bill on the northern border is grossly under- think the image of a fence will play well to that will go nowhere in the Senate. They estimating the threat an unsecured northern their base in the upcoming election. Maybe should instead convene a conference com- border presents to our national security. they think it will distract voters from the fact mittee. The House passed an immigration bill My colleague, Representative BENNIE that they haven’t done anything to fix our dys- on December 16th, 2005, and the Senate THOMPSON, ranking member on the Homeland functional immigration system. passed its own version 112 days ago. Instead Security Committee, presented a responsible Whatever the ploy, I refuse to go along. of moving forward to have a serious discus- alternative to this measure with realistic and This is the United States of America—not the sion to resolve policy differences, they have possible solutions. His substitute amendment former East Germany. We don’t solve prob- ground the legislative process to a halt and would have provided the funding authorization lems by building fences. We can be smarter engaged in acts of political theater. for the personnel and technology

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needed to realistically secure the entire bor- Committee on Homeland Security, Mr. KING of (1) Increase— der, not just the Mexican border. Unfortu- New York, for moving this bill and for their (A) by not less than 3,000 in each of fiscal nately, the majority did not allow the substitute strong leadership on border security issues. years 2007 through 2010 the number of posi- bill to be considered and receive an up or The last two years, I have toured parts of tions for full-time active duty Border Patrol agents; and down vote on the House floor. our nation’s southwest border with Mexico. (B) by not less than 2,000 in each of fiscal It is for these reasons I strongly encourage Only after seeing the vastness of the land- years 2007 through 2010 the number of posi- my colleagues to reject this measure and de- scape and the nearly invisible line that sepa- tions for full-time active duty immigration vote our time and effort to developing a re- rates our country from Mexico, did I come to enforcement agents for work at the border. sponsible, comprehensive solution to secure fully appreciate the border security crisis our (2) Establish northern and southern border our borders. nation faces today. coordinators to oversee the security of the Mr. MCCAUL of Texas. Mr. Speaker, I want I support this bill because it provides for the border in their respective geographic areas. to thank Chairman KING and Majority Leader use of personnel and technology—such as (3) Establish a plan to improve the recruit- BOEHNER for their leadership in bringing this cameras and sensors, satellites and un- ment and retention of border security per- important piece of legislation to the floor. It sonnel. manned aerial vehicles—to gain operational (c) SECURITY ENHANCEMENTS.—In obtaining cannot be overstated how crucial the need is control of our borders. These are vital tools for operational control over the border under for America to have secure borders, and this our Border Patrol agents who are the tip of the subsection (a), the Secretary shall: bill is a step in that direction. spear in protecting our country. (1) Increase by not less than 25,000 in each For too long we have seen the effects of a Beginning in June of last year, the Home- of fiscal years 2007 through 2010 the number porous border. An estimated eight to twelve land Security Subcommittee that I chair began of detention bed spaces. million undocumented aliens are here illegally a series of hearings to closely examine the (2) Establish a plan to reduce the use of fraudulent immigration documents to gain in the United States. Last year alone, over a Department’s existing border technology pro- million illegal aliens were apprehended at the admission to the United States. gram, know as ISIS—the Integrated Surveil- (d) SURVEILLANCE SYSTEM.—In obtaining border, but the Border Patrol estimates that lance Intelligence System. Unfortunately, our operational control over the border under many more have crossed undetected. In addi- reviews uncovered waste and mismanage- subsection (a), the Secretary shall: tion, there is evidence to support that Al ment of precious funds provided for border (1) Develop a surveillance system of the Qaeda would like to exploit our South West technology. international land and maritime borders of Border. We cannot let this happen Last November, the Department of Home- the United States that, when combined with I urge my colleagues to pass this legislation land Security announced the launch of the Se- the personnel authorized in subsection (b), which is vital to the security of our borders and otherwise authorized under law, ensures cure Border Initiative—the Department’s multi- continuous monitoring of every mile of the and our Nation. billion dollar effort to integrate technology, in- Mr. ETHERIDGE. Mr. Speaker, I rise to United States border on a 24-hour basis, 7 frastructure, and personnel to secure our bor- speak on H.R. 6061, the Secure Fence Act. days a week, and is fully interoperable with ders. existing surveillance systems used by the Although I voted to pass this bill to dem- While I support the Department’s efforts, my Department of Homeland Security. onstrate my support of strong border enforce- subcommittee has already begun to closely (2) Not later than March 1, 2007, the Sec- ment, it is yet another example of the House monitor this program and we will hold an over- retary of Homeland Security shall submit a Republican leadership’s piecemeal approach sight hearing this fall on the new SBI contract. plan for surveillance over the United States to immigration reform. In closing, I would like to reiterate my sup- border to the appropriate congressional com- America’s immigration system is broken, but mittees (as defined in section 2 of the Home- port for this important bill and hope my col- instead of implementing comprehensive, com- land Security Act of 2002 (6 U.S.C. 101)). The leagues on both sides of the aisle support this monsense solutions such as increasing the plan shall set forth— important legislation. (A) an assessment of existing technologies number of border agents, funding more deten- The SPEAKER pro tempore. All time tion beds and enforcing current immigration to determine if one technology is better than for debate has expired. another, or whether there is a way to com- law, House Republicans have chosen to ma- Pursuant to House Resolution 1002, bine the capabilities of various detection de- nipulate this issue for partisan political pur- the previous question is ordered on the vices into a single system; poses. bill, as amended. (B) an assessment of how the United States In December of 2004 I voted in favor of The question is on the engrossment Border Patrol is working, or will work, with H.R. 10, the 9/11 Commission Recommenda- and third reading of the bill. the Directorate of Science and Technology tions Implementation Act. This bill, which The bill was ordered to be engrossed to analyze high altitude monitoring tech- passed the House on a vote of 282–134 and nologies (such as unmanned aerial vehicles and read a third time, and was read the and tethered aerostat radar systems) for use which the President signed into law on De- third time. cember 17 of that year, authorized Customs with land-based monitoring technologies; MOTION TO RECOMMIT OFFERED BY MR. (C) a description of how radiation portal and Border Patrol to hire 10,000 new border THOMPSON OF MISSISSIPPI monitors will be deployed to ports of entry; agents over the next 5 years as well as add Mr. THOMPSON of Mississippi. Mr. (D) a description of the use of K–9 detec- 35,000 detention beds to hold illegal immi- Speaker, I offer a motion to recommit. tion units along the United States border; grants while they are being process for depor- The SPEAKER pro tempore. Is the (E) a list of any obstacles that may impede tation. gentleman opposed to the bill? full implementation of the deployment plan; Although the bill passed overwhelmingly, Mr. THOMPSON of Mississippi. In its and House Republicans refused to back up this (F) a detailed estimate of all costs associ- present form. ated with the implementation of the deploy- important legislation with the necessary funds The SPEAKER pro tempore. The to implement the provisions. The President, ment plan. Clerk will report the motion to recom- (d) PHYSICAL INFRASTRUCTURE ENHANCE- who signed the bill into law, only provided mit. MENTS.—In obtaining operational control funds for 210 border agents in his fiscal year The Clerk read as follows: over the United States border under sub- 2006 budget request. Mr. Thompson moves to recommit the bill, section (a), the Secretary shall make phys- The United States cannot secure its borders H.R. 6061, to the Committee on Homeland Se- ical infrastructure enhancements to prevent with only physical barriers. We can only curity with instructions to report the same unlawful entry by aliens into the United achieve effective immigration reform and bor- back to the House forthwith with the fol- States and facilitate access to the inter- der security through a combination of con- lowing amendment: national land and maritime borders by the Bureau of Customs and Border Protection, Strike all after the enacting clause and in- sistent enforcement of current immigration law, including but not limited to additional sert the following: the addition of the thousands of additional bor- checkpoints, all weather access roads, and der security personnel that Congress has al- SECTION 1. MONITORING AND SECURING THE vehicle barriers, while maintaining the speed ready authorized, and the implementation of a UNITED STATES BORDER. of commerce through such points of entry. fair, balanced immigration plan that encour- (a) OPERATIONAL CONTROL OF THE BOR- (e) OPERATIONAL CONTROL DEFINED.—In ages lawfulness, rewards hard work and safe- DER.—Not later than September 30, 2007, the this section, the term ‘‘operational control’’ Secretary of Homeland Security shall obtain guards families. means the prevention of all unlawful entries operational control over the entire inter- into the United States, including entries by Mr. ROGERS of Alabama. Mr. Speaker, I national land and maritime border of the terrorists, other unlawful aliens, instru- rise in strong support of H.R. 6061, the Se- United States. ments of terrorism, narcotics, and other con- cure Fence Act of 2006. (b) WORKFORCE ENHANCEMENTS.—In obtain- traband. I commend the distinguished majority lead- ing operational control over the border (f) AUTHORIZATION OF APPROPRIATIONS.— er, Mr. BOEHNER and the chairman of the under subsection (a), the Secretary shall: There are authorized to be appropriated to

VerDate Aug 31 2005 04:31 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.043 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6594 CONGRESSIONAL RECORD — HOUSE September 14, 2006 carry out this section $5,290,000,000 for fiscal In other words, what we do is, we pro- that is why it was passed last Decem- year 2007, and such sums as may be necessary vide them the support and ask them, ber, that is why the overwhelming ma- for each succeeding fiscal year. what is it that you need; tell us how jority of the American people support Mr. THOMPSON of Mississippi (dur- you are going to enhance the ability to it today, and that is why we are bring- ing the reading). Mr. Speaker, I ask better monitor the border. ing it forward now. unanimous consent that the motion be We think that makes sense. We can The reality is that comprehensive considered as read and printed in the do much better than micromanage legislation is not going to be moving. RECORD. from here. We wouldn’t micromanage But, again, the American people are The SPEAKER pro tempore. Is there and tell generals in Iraq or Afghanistan crying out; they are demanding that objection to the request of the gen- how to fight that war. Why should we we take action. This is an issue which tleman from Mississippi? do that when we are trying to defend goes right to the heart of America There was no objection. our homeland? We can do much better. today, whether you live on the border The SPEAKER pro tempore. Pursu- This bill, from my perspective, and or whether you live in the north, the ant to the rule, the gentleman from from my 261⁄2 years of experience with Northeast, Northwest, Midwest, it is an Mississippi is recognized for 5 minutes the Border Patrol, as I walked in, I lis- issue. As Members went back to their in support of his motion. tened to my colleague from California, districts this summer, last spring, the Mr. THOMPSON of Mississippi. Mr. Congressman HUNTER. He was talking one issue that resonated completely Speaker, today we have heard over and about a fence that was effective. There was the issue of stopping illegal immi- over again from Republicans that good are limited areas where fencing is ef- gration. One proven way is to build a fences make good neighbors. Iron- fective, but to put a fence from Colum- fence and to get operational control ically, that tag line comes from a Rob- bus to El Paso, a stretch of 88 miles, is over the entire border. ert Frost poem entitled ‘‘Mending ridiculous. It is not only expensive, but Mr. REYES. Mr. Speaker, will the Wall’’ that seemingly questions wheth- the maintenance and the effectiveness gentleman yield? er a wall in need of repair is worth the is going to be expensive and question- Mr. KING of New York. I yield to the effort. Even more ironic in this is the able. gentleman from Texas. fact that this poem is about mending a Part of this process has to include Mr. REYES. Our motion to recommit fence, something that this bill does not common sense. includes physical infrastructure en- pay for. In fact, H.R. 6061 does not even Mr. HASTINGS of Florida. Mr. hancements; fencing is part of that. pay for the fence to be built. If border Speaker, will the gentleman yield? There is fencing in there, there are ac- security is so important, why do my Mr. REYES. I yield to the gentleman cess roads, there are buildings in there. colleagues across the aisle refuse to do from Florida. All of that is included in there. it right? Mr. HASTINGS of Florida. Mr. Mr. KING of New York. If I could re- Mr. REYES and I are offering this mo- Speaker, would my colleague answer claim my time, I do believe that it is tion to recommit to ensure that the one question for me. significant that in a fence act, even Department of Homeland Security has In the measure that is before us though fencing was mentioned in De- the resources and capabilities to ad- today, is there any money in this cember legislation passed in the House, dress our border security problems. measure to build any kind of fence? even though fencing was mentioned in This motion to recommit would secure Mr. REYES. Mr. Speaker, there is the Senate bill, there is no reference to our borders and protect the American none. There is no money provided in it, which to me is bowing to political people. this bill. This is purely a political ploy. correctness. We are up front about That is not to say there is not more This again, unfortunately, proves that what we are asking for. to be done. Congress still must face the the leadership of this House is putting Also, I don’t believe we should abdi- issues of comprehensive immigration politics ahead of good policy. cate responsibility to the Department reform, which Republicans refuse to We can do better, we must do better, of Homeland Security. We should make bring to the floor and have used par- we must work together. Let’s vote it clear what we want, tell them what liamentary procedure to keep it from ‘‘no’’ on the bill itself, vote ‘‘yes’’ on we want. If they want some variations discussion today. But if Republicans this motion to recommit. within there, fine. But we feel so insist on voting yet again on border se- Mr. THOMPSON of Mississippi. Mr. strongly about this, the American peo- curity, let’s do it right. Speaker, this Democratic motion to re- ple feel so strongly about it, I believe it Mr. Speaker, I yield the remainder of commit solves the problem. We hope is essential that we make it loud and my time to the former Border Patrol we can get support from the majority clear what we do want. chief from El Paso, Texas, my col- of the body. Now, having said that, on the issue, league SILVESTRE REYES. Mr. Speaker, I yield back the balance for instance, of Border Patrol agents, Mr. REYES. Mr. Speaker, I thank the of my time. the appropriations bill for fiscal year gentleman for yielding. Mr. KING of New York. Mr. Speaker, 2007 will include 1,200 new Border Pa- This debate today is about whether I rise in opposition to the motion to re- trol agents. That will get us up to or not this Congress can afford to commit. 14,580, an increase of almost 50 percent micromanage what the United States The SPEAKER pro tempore (Mr. over the last several years. There are Customs and Border Protection does on LATOURETTE). The gentleman is recog- 1,012 new ICE officers, which will get us our border. This bill calls for a fence nized for 5 minutes. up to 11,500. This appears to be about as from Calexico to Douglas, from Laredo Mr. KING of New York. Mr. Speaker, many as the system can absorb as we to Brownsville, from Columbus to El let me just state at the outset, again, train new officers, and we are going Paso, from Del Rio to Eagle Pass, and the great regard I have for Mr. THOMP- forward with that. If more are needed, a fence in the Tecate area as well. SON and also for Mr. REYES. But in that I pledge to the ranking member we will Our position in this motion to recom- context, I must say that I strongly dis- work to bring that about as we go into mit is, instead of micromanaging, let agree with their motion to recommit, the next session. us give the Customs and Border Protec- primarily because even though this is But it is essential that we do this tion the resources that they need. Let the Secure Fence Act of 2006, the mo- today to tell the American people that us give them real meaningful legisla- tion to recommit nowhere even men- we have gotten the message, that we tive support. tions the word ‘‘fence.’’ And it is sig- are willing to take the action that is Under our bill we give them addi- nificant that they seem unwilling to needed, we are willing to go on the line tional Border Patrol agents. address this fundamental issue. this is needed, this is essential; and we We believe on our side and a solid are calling for it, we are demanding it, b 1500 majority of the House of Representa- we are voting for it. The easiest way to Under our bill we give them security tives believed last December, and in- say that we are going to do the right enhancements, we give them surveil- deed a majority of the United States thing on illegal immigration, to stop lance enhancements, we give them Senate believed, that a fence is essen- illegal immigration, and also to be hu- practical infrastructure enhancements. tial, that a fence is important. And mane and stop the deaths in the desert.

VerDate Aug 31 2005 03:36 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.046 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6595 I was at the desert with Speaker Pomeroy Schwartz (PA) Tierney NOT VOTING—15 Price (NC) Scott (GA) Towns HASTERT and Congressman RUSH and Case Fitzpatrick (PA) Ney Rahall Scott (VA) Udall (CO) Congresswoman MILLER this past July, Cleaver Forbes Reynolds Rangel Serrano Udall (NM) Culberson Jenkins Ryun (KS) went to Yuma and Nogales in Arizona, Reyes Shays Van Hollen Davis (FL) Johnson, Sam Strickland we helicoptered across the desert. To Ross Sherman Vela´ zquez Evans Keller Westmoreland me, a fence is absolutely essential in Rothman Skelton Visclosky Roybal-Allard Slaughter Wasserman b 1531 certain parts of that border. That is Ruppersberger Smith (WA) Schultz what this is about. Let’s put aside po- Rush Snyder Waters Mr. ROGERS of Alabama, Mr. litical correctness, let’s have the guts Ryan (OH) Solis Watson NEUGEBAUER, Mrs. MYRICK, Mr. to do the right thing. Sabo Spratt Watt MURPHY, and Mr. SODREL changed I urge defeat of the Democratic mo- Salazar Stark Waxman their vote from ‘‘yea’’ to ‘‘nay.’’ ÷ Sa´ nchez, Linda Stupak Weiner tion to recommit and passage of the T. Tanner Wexler Mr. CHANDLER and Mr. CONYERS underlying bill, H.R. 6061. Sanchez, Loretta Tauscher Woolsey changed their vote from ‘‘nay’’ to Mr. Speaker, I yield back the balance Sanders Taylor (MS) Wu ‘‘yea.’’ of my time. Schakowsky Thompson (CA) Wynn So the motion to recommit was re- Schiff Thompson (MS) The SPEAKER pro tempore. Without jected. objection, the previous question is or- NAYS—224 The result of the vote was announced as above recorded. dered on the motion to recommit. Aderholt Gibbons Northup There was no objection. Akin Gilchrest Norwood The SPEAKER pro tempore. The The SPEAKER pro tempore. The Alexander Gillmor Nunes question is on the passage of the bill. question is on the motion to recommit. Bachus Gingrey Nussle The question was taken; and the Baker Gohmert Osborne Speaker pro tempore announced that The question was taken; and the Barrett (SC) Goode Otter Speaker pro tempore announced that Barrow Goodlatte Oxley the ayes appeared to have it. the noes appeared to have it. Bartlett (MD) Granger Paul RECORDED VOTE Mr. THOMPSON of Mississippi. Mr. Barton (TX) Graves Pearce Mr. KING of New York. Mr. Speaker, Bass Green (WI) Pence Speaker, on that I demand the yeas Bean Gutierrez Peterson (PA) I demand a recorded vote. and nays. Beauprez Gutknecht Petri A recorded vote was ordered. The yeas and nays were ordered. Biggert Hall Pickering The SPEAKER pro tempore. This Bilbray Harris The SPEAKER pro tempore. Pursu- Pitts will be a 5-minute vote. Bilirakis Hart Platts ant to clause 8 and clause 9 of rule XX, Bishop (UT) Hastings (WA) Poe The vote was taken by electronic de- this 15-minute vote on the motion to Blackburn Hayes Pombo vice, and there were—ayes 283, noes 138, recommit will be followed by 5-minute Blunt Hayworth Porter answered ‘‘present’’ 1, not voting 10, as Boehlert Hefley votes on passage of H.R. 6061, if or- Price (GA) follows: Boehner Hensarling Pryce (OH) dered, and the motion to instruct on Bonilla Herger Putnam [Roll No. 446] H.R. 2864. Bonner Hobson Radanovich AYES—283 Bono Hoekstra The vote was taken by electronic de- Ramstad Aderholt Carter Goodlatte Boozman Hostettler Regula vice, and there were—yeas 193, nays Boswell Hulshof Akin Castle Gordon Rehberg Alexander Chabot Granger 224, not voting 15, as follows: Boustany Hunter Reichert Bradley (NH) Hyde Andrews Chandler Graves [Roll No. 445] Renzi Bachus Chocola Green (WI) Brady (TX) Inglis (SC) Rogers (AL) Baird Coble Gutknecht YEAS—193 Brown (SC) Issa Rogers (KY) Baker Cole (OK) Hall Brown-Waite, Istook Abercrombie Dingell Larsen (WA) Rogers (MI) Barrett (SC) Cooper Harris Ginny Jindal Ackerman Doggett Larson (CT) Rohrabacher Barrow Costa Hart Burgess Johnson (CT) Allen Doyle Lee Ros-Lehtinen Bartlett (MD) Costello Hastings (WA) Burton (IN) Johnson (IL) Andrews Edwards Levin Royce Barton (TX) Cramer Hayes Buyer Jones (NC) Baca Emanuel Lewis (GA) Ryan (WI) Bass Crenshaw Hayworth Baird Calvert Kelly Engel Lipinski Saxton Bean Cubin Hefley Baldwin Eshoo Lofgren, Zoe Camp (MI) Kennedy (MN) Schmidt Beauprez Davis (AL) Hensarling Becerra Etheridge Lowey Campbell (CA) King (IA) Schwarz (MI) Berkley Davis (KY) Herger Berkley Farr Lynch Cannon King (NY) Sensenbrenner Berry Davis (TN) Herseth Berman Fattah Maloney Cantor Kingston Sessions Biggert Davis, Jo Ann Hobson Berry Filner Markey Capito Kirk Shadegg Bilbray Davis, Tom Hoekstra Bishop (GA) Ford Matsui Carter Kline Shaw Bilirakis Deal (GA) Holden Bishop (NY) Frank (MA) McCarthy Castle Knollenberg Bishop (GA) DeFazio Hooley Sherwood Blumenauer Gonzalez McCollum (MN) Chabot Kuhl (NY) Bishop (NY) Delahunt Hostettler Shimkus Boren Gordon McDermott Chocola LaHood Bishop (UT) Dent Hulshof Shuster Boucher Green, Al McGovern Coble Latham Blackburn Doolittle Hunter Simmons Boyd Green, Gene McIntyre Cole (OK) LaTourette Blunt Drake Hyde Brady (PA) Grijalva McKinney Conaway Leach Simpson Boehlert Dreier Inglis (SC) Brown (OH) Harman McNulty Crenshaw Lewis (CA) Smith (NJ) Boehner Duncan Israel Brown, Corrine Hastings (FL) Meehan Cubin Lewis (KY) Smith (TX) Bonilla Edwards Issa Butterfield Herseth Meek (FL) Davis (KY) Linder Sodrel Bonner Ehlers Istook Capps Higgins Meeks (NY) Davis, Jo Ann LoBiondo Souder Bono Emerson Jenkins Capuano Hinchey Melancon Davis, Tom Lucas Stearns Boozman English (PA) Jindal Cardin Hinojosa Michaud Deal (GA) Lungren, Daniel Sullivan Boren Etheridge Johnson (CT) Cardoza Holden Millender- Dent E. Sweeney Boswell Everett Johnson (IL) Carnahan Holt McDonald Diaz-Balart, L. Mack Tancredo Boucher Feeney Jones (NC) Carson Honda Miller (NC) Diaz-Balart, M. Manzullo Taylor (NC) Boustany Ferguson Kanjorski Chandler Hooley Miller, George Doolittle Marchant Terry Boyd Fitzpatrick (PA) Kelly Clay Hoyer Mollohan Drake Marshall Thomas Bradley (NH) Flake Kennedy (MN) Clyburn Inslee Moore (KS) Thornberry Brady (TX) Foley Kildee Conyers Israel Moore (WI) Dreier Matheson Tiahrt Brown (OH) Ford Kind Cooper Jackson (IL) Moran (VA) Duncan McCaul (TX) Tiberi Brown (SC) Fortenberry King (IA) Costa Jackson-Lee Murtha Ehlers McCotter Turner Brown, Corrine Fossella King (NY) Costello (TX) Nadler Emerson McCrery English (PA) McHenry Upton Brown-Waite, Foxx Kingston Cramer Jefferson Napolitano Ginny Frank (MA) Kirk Everett McHugh Walden (OR) Crowley Johnson, E. B. Neal (MA) Burgess Franks (AZ) Kline Feeney McKeon Walsh Cuellar Jones (OH) Oberstar Burton (IN) Frelinghuysen Knollenberg Ferguson McMorris Wamp Cummings Kanjorski Obey Buyer Gallegly Kuhl (NY) Flake Rodgers Weldon (FL) Davis (AL) Kaptur Olver Calvert Garrett (NJ) LaHood Foley Mica Weldon (PA) Davis (CA) Kennedy (RI) Ortiz Camp (MI) Gerlach Latham Miller (FL) Weller Davis (IL) Kildee Owens Fortenberry Campbell (CA) Gibbons LaTourette Davis (TN) Kilpatrick (MI) Pallone Fossella Miller (MI) Whitfield Cannon Gilchrest Leach DeFazio Kind Pascrell Foxx Miller, Gary Wicker Cantor Gillmor Lewis (CA) DeGette Kolbe Pastor Franks (AZ) Moran (KS) Wilson (NM) Capito Gingrey Lewis (KY) Delahunt Kucinich Payne Frelinghuysen Murphy Wilson (SC) Capuano Gohmert Linder DeLauro Langevin Pelosi Gallegly Musgrave Wolf Cardoza Goode Lipinski Dicks Lantos Peterson (MN) Garrett (NJ) Myrick Young (AK) Gerlach Neugebauer Young (FL)

VerDate Aug 31 2005 04:39 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.077 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6596 CONGRESSIONAL RECORD — HOUSE September 14, 2006 LoBiondo Paul Shimkus NOT VOTING—10 Green, Al Matsui Sabo Lucas Pearce Shuster Green, Gene McCarthy Salazar Case Evans Ney Lungren, Daniel Pence Simmons Grijalva McCaul (TX) Sa´ nchez, Linda Cleaver Forbes Strickland Gutierrez McCollum (MN) T. E. Peterson (MN) Simpson Culberson Johnson, Sam Gutknecht McCotter Sanchez, Loretta Lynch Peterson (PA) Skelton Davis (FL) Keller Mack Petri Smith (NJ) Hall McCrery Sanders Harman McDermott Saxton Maloney Pickering Smith (TX) b 1541 Manzullo Pitts Smith (WA) Hastings (FL) McGovern Schakowsky Marchant Platts Sodrel Mr. CLYBURN and Mr. EMANUEL Hayworth McHugh Schiff Hefley McIntyre Marshall Poe Souder Schmidt changed their vote from ‘‘aye’’ to ‘‘no.’’ Herger McKeon Matheson Pombo Spratt Schwartz (PA) Mr. RAHALL changed his vote from Herseth McKinney Schwarz (MI) McCarthy Pomeroy Stearns Higgins McNulty Scott (GA) McCaul (TX) Porter Stupak ‘‘no’’ to ‘‘aye.’’ Hinchey Meehan Scott (VA) McCotter Price (GA) Sullivan So the bill was passed. Hinojosa Meek (FL) Sensenbrenner McCrery Pryce (OH) Sweeney The result of the vote was announced Hoekstra Meeks (NY) Serrano McHenry Putnam Tancredo as above recorded. Holden Melancon Shaw McHugh Radanovich Tanner A motion to reconsider was laid on Holt Mica Shays McIntyre Rahall Taylor (MS) Honda Michaud the table. Sherman McKeon Ramstad Taylor (NC) Hooley Millender- Sherwood McMorris Regula Terry Stated For: Hoyer McDonald Shimkus Rodgers Rehberg Thomas Mr. FORBES. Mr. Speaker, I was un- Hulshof Miller (NC) Simmons Melancon Reichert Thornberry able to be present at the vote for H.R. Hyde Miller, George Skelton Mica Renzi Tiahrt Inslee Mollohan Slaughter Miller (FL) Reynolds Tiberi 6061, the Secure Fence Act of 2006. Had Israel Moore (KS) Smith (NJ) Miller (MI) Rogers (AL) Turner I been present, I would have voted Issa Moore (WI) Smith (WA) Miller (NC) Rogers (KY) Upton ‘‘aye’’ on final passage. Jackson (IL) Moran (KS) Snyder Miller, Gary Rogers (MI) Walden (OR) Jackson-Lee Moran (VA) Sodrel (TX) Murtha Mollohan Rohrabacher Walsh f Solis Jefferson Nadler Moore (KS) Ross Wamp Souder APPOINTMENT OF CONFEREES ON Jenkins Napolitano Spratt Moran (KS) Royce Weiner Jindal Neal (MA) Moran (VA) Ruppersberger Weldon (FL) H.R. 2864, WATER RESOURCES DE- Stark Johnson (CT) Northup Stupak Murphy Ryan (OH) Weldon (PA) Johnson (IL) Nussle VELOPMENT ACT OF 2005 Sullivan Musgrave Ryan (WI) Weller Johnson, E. B. Oberstar Sweeney Myrick Ryun (KS) Westmoreland MOTION TO INSTRUCT OFFERED BY MR. Jones (NC) Obey Tancredo Neugebauer Saxton Wexler MELANCON Jones (OH) Olver Tanner Northup Schmidt Whitfield Kanjorski Ortiz The SPEAKER pro tempore (Mr. Tauscher Norwood Schwarz (MI) Wicker Kaptur Osborne Taylor (MS) Nunes Sensenbrenner Wilson (NM) KLINE). The unfinished business is the Kelly Owens Terry vote on the motion to instruct on H.R. Kennedy (RI) Pallone Nussle Sessions Wilson (SC) Thompson (CA) Kildee Pascrell Osborne Shadegg Wolf 2864 offered by the gentleman from Thompson (MS) Kilpatrick (MI) Pastor Otter Shaw Young (FL) Louisiana (Mr. MELANCON) on which Tiberi Kind Payne Oxley Shays the yeas and nays are ordered. Tierney Pascrell Sherwood King (NY) Pearce The Clerk will redesignate the mo- Kirk Pelosi Towns Turner NOES—138 tion. Kline Peterson (MN) Knollenberg Peterson (PA) Udall (CO) Abercrombie Honda Payne The Clerk redesignated the motion. Kucinich Petri Udall (NM) Ackerman Hoyer Pelosi The SPEAKER pro tempore. The Kuhl (NY) Pickering Upton Van Hollen Allen Inslee Price (NC) LaHood Pitts question is on the motion to instruct. Vela´ zquez Baca Jackson (IL) Rangel Langevin Platts This will be a 5-minute vote. Visclosky Baldwin Jackson-Lee Reyes Lantos Poe The vote was taken by electronic de- Walden (OR) Becerra (TX) Ros-Lehtinen Larsen (WA) Pombo Berman Jefferson vice, and there were—yeas 340, nays 79, Larson (CT) Pomeroy Walsh Rothman Wamp Blumenauer Johnson, E. B. Roybal-Allard not voting 13, as follows: Latham Porter Brady (PA) Jones (OH) LaTourette Price (NC) Wasserman Rush Butterfield Kennedy (RI) [Roll No. 447] Leach Pryce (OH) Schultz Sabo Capps Kilpatrick (MI) Lee Rahall Waters Salazar YEAS—340 Cardin Kolbe Levin Ramstad Watson ´ Carnahan Kucinich Sanchez, Linda Abercrombie Brown-Waite, Diaz-Balart, L. Lewis (CA) Rangel Watt Carson Langevin T. Ackerman Ginny Diaz-Balart, M. Lewis (GA) Regula Waxman Clay Lantos Sanchez, Loretta Aderholt Burgess Dicks Lewis (KY) Reichert Weiner Clyburn Larsen (WA) Sanders Akin Calvert Dingell Lipinski Renzi Weldon (FL) Conaway Larson (CT) Schakowsky Alexander Capito Doggett LoBiondo Reyes Weldon (PA) Conyers Lee Schiff Allen Capps Doolittle Lofgren, Zoe Reynolds Weller Crowley Levin Schwartz (PA) Andrews Capuano Doyle Lowey Rogers (AL) Wexler Cuellar Lewis (GA) Scott (GA) Baca Cardin Drake Lucas Rogers (KY) Whitfield Cummings Lofgren, Zoe Scott (VA) Bachus Cardoza Duncan Lungren, Daniel Ros-Lehtinen Wicker Davis (CA) Lowey Serrano Baird Carnahan Edwards E. Ross Wilson (NM) Davis (IL) Markey Sherman Baker Carson Ehlers Lynch Rothman Wolf DeGette Matsui Slaughter Baldwin Carter Emanuel Maloney Roybal-Allard Woolsey Castle Emerson DeLauro McCollum (MN) Snyder Barrow Manzullo Ruppersberger Wu Chabot Engel Diaz-Balart, L. McDermott Solis Bass Markey Rush Wynn Chandler English (PA) Diaz-Balart, M. McGovern Stark Bean Marshall Ryan (OH) Young (AK) Dicks McKinney Beauprez Chocola Eshoo Matheson Ryan (WI) Young (FL) Tauscher Clay Etheridge Dingell McNulty Becerra Thompson (CA) Clyburn Everett Doggett Meehan Berkley NAYS—79 Thompson (MS) Cole (OK) Farr Doyle Meek (FL) Berman Tierney Conyers Fattah Barrett (SC) Flake Mack Emanuel Meeks (NY) Towns Berry Engel Michaud Cooper Feeney Bartlett (MD) Foxx Marchant Udall (CO) Biggert Eshoo Millender- Costa Ferguson Barton (TX) Franks (AZ) McHenry Udall (NM) Bilirakis Farr McDonald Costello Filner Bilbray Garrett (NJ) McMorris Van Hollen Bishop (GA) Fattah Miller, George Cramer Fitzpatrick (PA) Blackburn Gingrey Rodgers ´ Bishop (NY) Filner Moore (WI) Velazquez Crenshaw Foley Blunt Gohmert Miller (FL) Visclosky Bishop (UT) Crowley Ford Bonilla Goode Miller (MI) Gonzalez Murtha Blumenauer Green, Al Nadler Wasserman Cuellar Fortenberry Bonner Goodlatte Miller, Gary Schultz Boehlert Cummings Fossella Brady (TX) Harris Murphy Green, Gene Napolitano Boehner Grijalva Neal (MA) Waters Davis (AL) Frank (MA) Brown (SC) Hart Musgrave Bono Gutierrez Oberstar Watson Davis (CA) Frelinghuysen Burton (IN) Hastings (WA) Myrick Boozman Harman Obey Watt Davis (IL) Gallegly Buyer Hayes Neugebauer Boren Hastings (FL) Olver Waxman Davis (KY) Gerlach Camp (MI) Hensarling Norwood Boswell Higgins Ortiz Woolsey Davis (TN) Gibbons Campbell (CA) Hobson Nunes Boucher Hinchey Owens Wu Davis, Jo Ann Gilchrest Cannon Hostettler Otter Hinojosa Pallone Wynn Boustany Davis, Tom Gillmor Cantor Hunter Oxley Holt Pastor Young (AK) Boyd DeFazio Gonzalez Coble Inglis (SC) Paul Bradley (NH) DeGette Gordon Conaway Istook Pence ANSWERED ‘‘PRESENT’’—1 Brady (PA) Delahunt Granger Cubin King (IA) Price (GA) Brown (OH) DeLauro Graves Deal (GA) Kingston Putnam Kaptur Brown, Corrine Dent Green (WI) Dreier Linder Radanovich

VerDate Aug 31 2005 03:36 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.049 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6597 Rehberg Shadegg Thomas The SPEAKER pro tempore. The gen- Over the last 2 years, Member project Rogers (MI) Shuster Thornberry tleman from California (Mr. DREIER) is spending has decreased by over $10 mil- Rohrabacher Simpson Tiahrt Royce Smith (TX) Westmoreland recognized for 1 hour. lion, and I want to especially express Ryun (KS) Stearns Wilson (SC) Mr. DREIER. Mr. Speaker, for the my appreciation to my very dear Sessions Taylor (NC) purpose of debate only, I yield the cus- friend, JERRY LEWIS, who has so ably NOT VOTING—13 tomary 30 minutes to the gentlewoman chaired the Appropriations Committee Butterfield Evans Kolbe from New York (Ms. SLAUGHTER), pend- and has stepped up to the plate and Case Forbes Ney ing which I yield myself such time as I taken on this issue of reform and done Cleaver Johnson, Sam Strickland may consume. During consideration of it with great success because of the Culberson Keller this resolution, all time yielded is for fact that he has been able to rein in Davis (FL) Kennedy (MN) the purpose of debate only. Federal spending. It doesn’t get a lot of b 1551 Mr. Speaker, today we are consid- attention, but he has been very suc- Messrs. GOODLATTE, SHUSTER, ering a very important reform that is a cessful in doing that. Camp of Michigan and BURTON of In- bipartisan reform. It is bipartisan be- Mr. Speaker, I also want to make diana changed their vote from ‘‘yea’’ to cause it is an issue that I am happy to very clear that our focus is not solely ‘‘nay.’’ say, as we have moved down the road on appropriations. This was one of the So the motion to instruct was agreed towards reform, has enjoyed strong bi- requests that Chairman LEWIS made of to. partisan support. In fact, it was a key us as we were proceeding with this The result of the vote was announced provision in the House-passed Lobbying work. For this reform to be effective, it as above recorded. Accountability and Transparency Act, must be comprehensive, and that was A motion to reconsider was laid on which did enjoy bipartisan support, not as strong as I would have liked, but it the commitment that the Speaker of the table. the House and our leadership team Mr. KOLBE. Mr. Speaker, on rollcall No. did enjoy bipartisan support. Specifically, Mr. Speaker, with this made to our Members. So let me point 447, my vote was not recorded. Had I been new rule, Member-directed spending to out that this earmark reform applies present, I would have voted ‘‘yea.’’ projects in their district, or earmarks, across the board. It doesn’t just apply The SPEAKER pro tempore. Without will no longer be anonymous. It is very to some committees. It covers all com- objection, the Chair appoints the fol- simple. mittees, all appropriations, all tax, all lowing conferees: We all know, as it stands now, there authorizing legislation, anything that From the Committee on Transpor- are no disclosure requirements in ap- moves through this House through reg- tation and Infrastructure, for consider- propriations, tax bills or authorizing ular order. ation of the House bill and the Senate legislation. Earmarks can be buried in Mr. Speaker, we have taken great amendment, and modifications com- the text of bills that often number into care to clearly and precisely state what mitted to conference: Messrs. YOUNG of the thousands of pages. There is no constitutes a tax, an appropriation, or Alaska, DUNCAN, BAKER, GARY G. MIL- easy way to account for how many ear- an authorizing earmark. And the good LER of California, BROWN of South marks are in a bill or who is sponsoring news is that there is more agreement Carolina, BOOZMAN, OBERSTAR, Ms. them. than disagreement on those defini- EDDIE BERNICE JOHNSON of Texas, Mr. This new rule requires sponsors of tions. Yet clearly there is no magic COSTELLO, and Mr. BISHOP of New York. earmarks to be listed in committee re- bullet. There is not going to be one def- From the Committee on Resources, ports. Conference reports must also inition that will be perfect and please for consideration of sections 2017, 2020, have a list of earmarks that are ‘‘air- everybody. But at the end of the day, 2025, and 2027 of the House bill, and sec- dropped’’ or brought into an agreement we have to come together. We have to tions 3019, 5007, and 5008 of the Senate in the conference report itself. It is come together, Mr. Speaker, and move amendment, and modifications com- just that simple. this process forward. If there is an ear- mitted to conference: Mr. POMBO, Mrs. We are blowing away the fog of ano- mark in a bill, it belongs on a list. It is MUSGRAVE, and Mr. KIND. nymity so the public can have a clear just that simple. There was no objection. picture of what the projects are, how b 1600 f much they cost, and who is sponsoring If there is an earmark, we need to see them. It is just a very simple case of GENERAL LEAVE it. Now, is this new disclosure going to transparency. completely end the practice of ear- Mr. Speaker, this is a victory for fis- Mr. DREIER. Mr. Speaker, I ask marking? I certainly hope not. I don’t unanimous consent that all Members cal responsibility and a victory for want it to, because I believe that ear- may have 5 legislative days in which to spending taxpayer dollars more wisely. marking is part of our constitutional As an enforcement mechanism, this revise and extend their remarks, and responsibility. But it will shine a spot- new rule also provides for a question of that I may be permitted to include ex- light on earmarks without grinding the consideration when a bill or conference traneous material on House Resolution legislative process to a halt. 1003. report does not contain a list of ear- Let me make very clear that the The SPEAKER pro tempore. Is there marks. The question of consideration is larger goal of this new rule is to make objection to the request of the gen- debatable for 30 minutes, 15 minutes a profound and lasting change in how tleman from California? equally divided. this institution handles earmarks and There was no objection. Mr. Speaker, if a Member feels spends taxpayer dollars. The goal is to strongly enough about a proposed ear- f increase transparency, disclosure and mark, they will have to attach their accountability, and the goal is to pull PROVIDING FOR EARMARKING RE- name to it. That is all we are asking. back the curtain on earmarks for the FORM IN THE HOUSE OF REP- And they need to be prepared to make public, because I believe, Mr. Speaker, RESENTATIVES their case in full view of their col- that they have a right to know. Mr. DREIER. Mr. Speaker, by direc- leagues, their constituents, and the For this earmark reform to be both tion of the Committee on Rules, I call American people as a whole. meaningful and lasting, everyone, from up House Resolution 1003 and ask for Mr. Speaker, the earmark reform bill committee chairmen on down, must its immediate consideration. will build on the reforms that have al- make a good-faith effort to comply The Clerk read the resolution, as fol- ready been implemented by the Appro- with the spirit of the new rule. Our lows: priations Committee, and I take my leadership, and certainly the Rules hat off to the Appropriations Com- H. RES. 1003 Committee, has made such a commit- mittee for the very bold and dynamic ment, and we are determined to make Resolved, That upon adoption of this reso- reforms that they have made. They lution, House Resolution 1000, amended by this work. the amendment in the nature of a substitute have reduced the number of earmarks Mr. Speaker, I would also like to recommended by the Committee on Rules already by 37 percent. Overall spending point out that while this is an impor- now printed in the resolution, is hereby on Member projects was reduced by $7.8 tant milestone in the path toward re- adopted. billion below last year’s level. form, we have not reached the goal

VerDate Aug 31 2005 04:31 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.050 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6598 CONGRESSIONAL RECORD — HOUSE September 14, 2006 line. In fact, I don’t believe that we future lobbyist abuses was lambasted would not have counted as a earmark will ever reach the absolute goal line by commentators of all stripes for either, just because the resolution did because reform is a continuous process. being what it was, a sham. It has been not include tariff and duty changes in It gains momentum from Members who a history of deliberate inaction, Mr. its definition. never let up and never settle for the Speaker, and the same story here Of course, this entire piece of legisla- status quo. today. tion would expire in January. Let me Mr. Speaker, I urge my colleagues to As this legislative session comes to a make that point again. What we are vote ‘‘yes’’ for reforming earmarks, close, it is truly shameful that bills doing here today, when this passes and ‘‘yes’’ to setting the stage for more like this one are all the House is going today, it is only good till the end of the reforms that we will face down the to be able to accomplish. Consider the year. How serious a bill is that? road. context in which this bill comes to us. This is a deeply flawed solution to a Mr. Speaker, I reserve the balance of While my colleagues on the other serious problem, a temporary stopgap my time. side spent years railing against the measure, and I think we won’t be writ- Ms. SLAUGHTER. Mr. Speaker, I evils of Congressional earmarks, they ing any more earmarks this year, yield myself such time as I might con- have been presiding over the greatest which is designed to do little more sume. earmark explosion in American his- than get the Republicans through the Mr. Speaker, it is no secret why tory. According to the Heritage Foun- November elections. fewer than 30 percent of Americans ap- dation, earmarks are appropriations As always, there is an alternative. prove of the job that Congress is doing. bills that increased tenfold between More than 6 months ago my Democrat It is not hard to figure out why nearly 1995 and 2005. In the mid-1990s, they ac- colleagues and I offered a tough, com- 75 percent of Americans feel as though counted for $10 billion in Federal monsense report package that would the country is headed in the wrong di- spending. Today it is over $27 billion. have corrected many of the most ramp- rection, and it is easy to see why so few Nonappropriation earmarks have ant abuses plaguing Washington, citizens are confident that this govern- skyrocketed as well. Last year’s trans- abuses that have diverted the work ment will turn things around. portation reauthorization bill, for ex- being done here away from the good of Our elected officials routinely abuse ample, contains 6,371 earmarks, total- the people and toward the wants of a the public trust, promising one thing ing $25 billion, including the ‘‘Bridge to few. and delivering another. They inten- Nowhere.’’ Legislation I introduced on behalf of tionally disguise business as usual to We cannot afford to keep spending in the Democratic leadership in May bans look like positive reform, and Members such an irresponsible way, Mr. Speak- travel on corporate gifts, bans lobbyist of the House have ignored the rules er. One look at our skyrocketing na- gifts, slows down the revolving door be- written in the public interest, and have tional deficit is proof enough of that. tween Capitol Hill and K Street, pro- allowed the deliberative process at the But this is about more than just debt, hibits lobbyists writing the bills, ad- heart of our democracy to be captured it is about the future of democracy dresses many of the broken procedures by special interests. itself. and rules here in this House. The result has been a Congress where Unchecked earmarks, and many of It focuses on earmarks, too, in a corrupt lobbyists write the bills, 15- them for relatives of the persons who much more direct and systemic way minute votes are held open for 3 hours wrote them, or for businesses that they than the bill before us does now. In and entirely new legislation is own, are a cause of the culture of cor- fact, it requires Members to publicly crammed into acts in the dead of night. ruption that pervades Washington and disclose all district-specific earmark The American people know it, and they undermines our democracy. They are requests that they make on bills and are tired of the old games. When finally routinely traded for political favors, conference reports. This past May I am faced with public awareness and anger exchanged for votes and used to benefit proud to say that 16 Republicans joined over just how corrupt our House has family members. They are, in the with the Democrats in support of this become, Republicans promised a great words of Representative FLAKE, the bill. deal. currency of corruption in Washington. In the end, it failed the House by In fact, they opened 2006 with a flurry Yet, my Republican friends have only two votes. It was deeply encour- of promises. My good friend and col- given us a bill today that is a non- aging to see rank-and-file Republicans league, DAVID DREIER, the chairman of response to the crucial issue, a decep- of conscience challenge their Repub- the Rules Committee and Republican tive bill that is riddled with loopholes. lican Party’s leadership, to see them ethics reform leader, had this to say on Just like the previous legislation, this back up their pledge to clean up the the floor in February, and I quote, ‘‘We is, once again, a sham. House with real action. They will have are committed to bold, strong, dy- This measure is supposed to increase other chances to do it, too, because namic reforms for this institution,’’ he disclosure of which Members are be- Democrats have not given up this said. Adding the quote, ‘‘the Repub- hind which earmarks. But it is inten- fight. lican Party has stood for reform ever tionally limited. It leaves numerous We have always prided ourselves on since I can remember.’’ means by which Members can conceal delivering what we have promised, and But since then, Mr. Speaker, very lit- their earmarks. The rules change pro- we are committed to eliminating the tle of anything has come from my Re- posed to the resolution applies only to corruption that plagues our Congress publican friends, even though their reported bills, so a Member who wanted today. We won’t stop until we get party controls the House, the Senate to avoid disclosing earmarks to the there. and the White House. If they were in- public could simply include them in Together, we will give the country a terested in ethics reform, they would the manager’s amendment or bring the Congress they can be proud of again. have passed it swiftly. Instead they bill straight to the House floor without Mr. Speaker, I reserve the balance of seem here at the last throes simply de- a committee markup, therefore, no my time. termined to merely run out the clock identifiable earmarks. That is a loop- Mr. DREIER. Mr. Speaker, I yield on the issue of passing a few deceptive hole you could drive a truck through. myself 30 seconds to say in response to bills here and there while secretly hop- If that is not bad enough, the bill de- my good friend from New York once ing the whole subject would go away. fines many types of earmarks right out again, this is a bipartisan effort. I We saw this strategy with the first of existence. For example, spending on know that the Democratic Caucus has ethics reform act passed by the House Federal entities can no longer be clas- talked about the need to implement in February, which was a minor rules sified as an earmark under the bill. this reform. We hope very much, when change that simply prevented former That would have allowed the infamous we come back to majority status in Members from using the House gym, as $200 million ‘‘Bridge to Nowhere’’ ear- January of next year, to renew and if that is the only place that dishonest mark that blew up in a scandal last build on this kind of reform. business transpires in Washington. year to avoid disclosure entirely. The Mr. Speaker, I yield 2 minutes to my Then in May a broader Republican $400 million Home Depot ceiling fan very good friend, a hardworking mem- bill theoretically focused on preventing giveaway that we heard so much about ber of the Commerce Committee, the

VerDate Aug 31 2005 03:36 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.086 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6599 gentleman from Phoenix, Arizona (Mr. league from Arizona, who just spoke, I Mr. Speaker, there is a reason ear- SHADEGG). don’t want your compliments. I don’t marks have become such an integral Mr. SHADEGG. I thank the gen- want to take credit for this. part of the appropriation and author- tleman for yielding. I compliment him This measure before us is not ear- ization process in Congress. It is be- for his hard work in this effort at ear- mark reform or any other kind of real cause each individual Member of Con- mark reform, and I also compliment reform. It is not accountability, and it gress knows what is needed in their the leaders of this House. is not transparency. It is, at best, a own districts better than anyone else. Mr. Speaker, just a year ago, I think press release. There are so many loop- It is for this reason that I fully support no one would have believed that we holes in this measure that you could this legislation, because it does not would have been standing here now on drive a Mack truck right through it. outlaw earmarks. Rather, it represents the verge of adopting very far-reaching Unreported bills, manager’s amend- reform that is long overdue. earmark reform. I compliment every- ments and other amendments are not Mr. Speaker, I have submitted ear- body engaged in this debate, from my subject to this so-called reform. mark requests on behalf of my con- Democrat colleagues to my Republican That is where a great deal of the ear- stituents, but I have always tried to colleagues, all of the people involved, marking abuse occurs, but it is all ex- prioritize these projects in an effort to including the chairman of the Appro- empt. We need to clean this place up. maintain my credibility as a trust- priations Committee, who has engaged We need to change the culture of cor- worthy steward of the taxpayer dollars. in this vigorously. ruption in this House of Representa- So I rise today not to condemn the This is a milestone. This is a step for- tives. We need a comprehensive lob- earmark process, but rather to applaud ward for the American people. This is a bying bill that has teeth in it, that the legislation that inherently reforms day in which we are saying the Amer- means something. it. This legislation takes a stand for ican people get to know how their Let me say to my colleagues, this en- transparency in an effort to curb the money is spent. tire institution has suffered as a result current trend of frivolous Federal Importantly, when we passed similar of the corrupt practices of the Tom spending. Congress always needs to re- language several months ago, the DeLays and the Duke Cunninghams. It member to whom we are ultimately ac- chairman of the Appropriations Com- has suffered under the 12 years of mis- countable, and because of this legisla- mittee said it is wrong to single out a management by the Republican major- tion, Congress will be able to restore single committee. This should apply to ity here. People have had it. People that full credibility. Ms. SLAUGHTER. Mr. Speaker, I all committees, and he was right then, have lost faith in this institution. yield 3 minutes to the gentlewoman and he is right now. It is important, in- This chairman of the Rules Com- deed, I would argue it is vital that the from California (Ms. MATSUI). mittee talks about how the Republican (Ms. MATSUI asked and was given American people be able to know how majority is interested in reining in permission to revise and extend her re- every dollar they send us in taxes gets spending. Federal spending has gone up marks.) spent, and this legislation will allow 40 percent since George Bush took of- Ms. MATSUI. Mr. Speaker, I thank that to happen. fice. In terms of earmarks, they are my good friend from New York for It says that every earmark and every coming late to this game. In 1995, when yielding me time. Member who requested an earmark they took power, there were about 1,400 Mr. Speaker, the American people must be openly acknowledged in the earmarks. There are over 14,000 ear- are demanding real reform of Congress. legislation itself. By shedding the light marks as of 2005. This bill isn’t it. of day on the earmarks that move You know, the only way to regain the The second session of the 109th Con- through this Congress, we are being confidence of the American people is gress began with Members on both open and straightforward. Those who by combating the corruption, by clean- sides of the aisle deeply concerned that have what they consider to be a good ing up this institution, by imple- the dignity of this great institution earmark for the country can come to menting real, honest-to-goodness re- had been tarnished. Newspapers across this floor and defend it and explain it, form. the country ran stories almost every and the American people can examine b 1615 day about the illegal practices of well- it. I believe this is a tremendous step connected lobbyists. Stories discussed forward. This is not it. If you are going to do the ways in which unethical conduct I want to caution people listening to something, do it right. had become the cost of doing business the debate. What you will hear in the Mr. DREIER. Mr. Speaker, I am in Congress. debate here today is that this bill isn’t happy to yield 2 minutes to a very We read about the K Street Project. right, because it is not perfect. It hardworking member of the Committee We read about legislation written in se- doesn’t go far enough. The definitions on Rules, my very, very good friend cret by lobbyists and about back-room aren’t quite precise. We just heard the from Marietta, Georgia, Dr. GINGREY. deals to benefit narrow special inter- minority say it is not a good bill be- Mr. GINGREY. Mr. Speaker, I thank ests. Editorial boards from all 50 States cause there has been an explosion in the chairman for yielding. called for reform. earmarks. So, somehow, since there Mr. Speaker, I rise today in support In May, the House passed a fun- has been an explosion in earmarks, we of H. Res. 1000, a resolution providing damentally flawed approach to reform. should not do anything. for earmark reform in the U.S. House It included some new restrictions on That is outrageous. No bill that I of Representatives. I want to say that lobbyists, yes, but we showed no will- have voted on in my career in this Con- I support this resolution because I take ingness to demand reform of ourselves. gress has been perfect. No bill has had my responsibility to allocate the hard- That sent a terrible message to our every definition exactly right. This is a earned money of the residents of Geor- constituents. tremendous step forward. This is a vote gia’s 11th District very, very seriously. There is a better approach. I have for sunshine. This is a vote for open- There are fundamental duties of the joined many of my colleagues as a co- ness in our government, and I urge my Federal Government, tasks that the sponsor of the Honest Leadership Open colleagues to support it. American people cannot do individ- Government Act. It injects trans- I compliment our leadership and the ually, but they rely on the collective parency and accountability into Con- chairman of the Rules Committee. strength of our Nation’s capital to ac- gress itself. There would be no more K Ms. SLAUGHTER. Mr. Speaker, I complish. Some of these tasks are na- Street Project. There would be no more yield 2 minutes to the gentleman from tional security, ensuring the safety of meals or gifts from lobbyists. No more Massachusetts (Mr. MCGOVERN). our citizens at home and abroad, and travel on corporate jets. And it would Mr. MCGOVERN. Mr. Speaker, after maintaining our national highways and ensure better legislation. Members all the scandals, after all the corrup- infrastructure. However, over the would be guaranteed 24 hours to read a tion, after all the unethical abuse of years, the Federal Government has ex- bill before voting on it. And we would earmarks, after all the public outrage, panded this definition to encompass end the common practice of last- this is it? This is the best that you can many extraneous projects that cannot minute provisions slipped into con- do? With all due respect to my col- be defended. ference reports.

VerDate Aug 31 2005 03:36 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.088 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6600 CONGRESSIONAL RECORD — HOUSE September 14, 2006 The majority is interested in none of I think it is simple common sense. If of the House to establish a public Web this. The legislation was rejected in you request a project, you ought to be site that provides links to all com- May along party lines. And since then, willing to put your name on it, and if mittee Web sites with information on the House has not shown any interest you aren’t willing to put your name on earmark requests. By providing easily in moving ahead with any meaningful a project, you shouldn’t expect the accessible information on earmarks reform. American people to pay for it. and ‘‘one-stop shopping’’ for American So here we are in the waning days of Fulfilling a commitment made by taxpayers, we can bring real account- the 109th Congress debating only a nar- Republican leaders earlier this year to ability to the earmarking process. row earmark reform resolution full of treat everyone equally, these reforms The need to control the growth of exceptions and unlikely to pass. will apply to all committees, author- earmarks should not be a partisan Every Member of this House knows izers, appropriators and tax writers issue. This is not about Democrats and that this bill is not what the American alike. The goal here is to bring ear- Republicans, it is about a good idea people demanded of us at the beginning marking out of the shadows and into and something good for the American of the year. Certainly, this resolution the light of public scrutiny. These re- public. We should come together to will not restore the integrity of the in- forms will bring sunshine and trans- pass comprehensive earmark reform stitution in which we serve. parency to the earmark process, result- that brings real accountability and Mr. Speaker, the American people ing in greater accountability for law- transparency to the process. want real reform. They will not be makers and greater public confidence Mr. DREIER. Mr. Speaker, will the fooled by fig leaves. in how their taxpayer dollars are spent. gentleman yield? We still have time to act in a unified Importantly, it also likely will result Mr. MOORE of Kansas. I yield to the fashion to restore the dignity of this in fewer earmarks, building on the gentleman from California. Mr. DREIER. I thank my friend for House. Unfortunately, this resolution progress already made by leaders such yielding. falls far short of that necessary effort. as chairman of the Appropriations Mr. Speaker, I would simply say that Mr. DREIER. Mr. Speaker, at this Committee, JERRY LEWIS. This year time I am very happy to yield 1 minute the gentleman has some very inter- during the appropriations process, esting, creative ideas. As I said in my to the very distinguished majority there were 37 percent fewer earmarks opening remarks, the reform process is leader, who has been a great champion than the year before and the cost of an ongoing thing that we are dealing of earmark reform for many, many those earmarks has been reduced by with, and I am more than happy to years, my friend, the gentleman from some $7.8 billion. look at the proposals that the gen- Ohio (Mr. BOEHNER). Earmark reform is just one compo- tleman has, especially as we look at Mr. BOEHNER. Mr. Speaker, let me nent of Republicans’ larger effort to our opening day rules package for Jan- thank my colleague from California promote fiscal discipline and ensure uary of next year. (Mr. DREIER), the chairman of the that Congress spends America’s tax- Mr. MOORE of Kansas. Mr. Speaker, Rules Committee, for yielding, and payer dollars wisely. I would ask the gentleman to accept thank him and the Speaker for their Ms. SLAUGHTER. Mr. Speaker, I am the amendment to his proposal. tremendous work on this rule change. pleased to yield 3 minutes to the gen- Mr. DREIER. Mr. Speaker, I am very Mr. Speaker, today is an important tleman from Kansas (Mr. MOORE). happy to yield 2 minutes to a strong day for the House as an institution. Mr. MOORE of Kansas. Mr. Speaker, proponent of the issue of earmark re- There has been much written this year I thank the gentlewoman. form, our friend from Mesa, Arizona about the practice of earmarking, Former Secretary of State William (Mr. FLAKE). which has allowed lawmakers to anon- Jennings Bryan once said, ‘‘The gov- Mr. FLAKE. Mr. Speaker, I thank ymously insert spending projects into ernment being the people’s business, it the chairman for yielding. bills without scrutiny or significant de- necessarily follows that its operations Mr. Speaker, the United States Con- bate. It is a major source of frustra- should be at all times open to the pub- gress is a wonderful and storied insti- tion, I think, for the American people, lic view. Publicity, therefore, is as es- tution. It is with great reverence and and for those of us who believe that we sential to honest administration as pride that each of us who is elected need greater accountability and trans- freedom of speech is to representative comes into this body. But with ear- parency in the way Congress works. government.’’ marking, we have departed from the Earlier this year, I, along with many Public scrutiny and oversight is what practices and traditions of the People’s of my colleagues, called for reforms to our earmarking process needs, and one House. this earmark process. We need a proc- of the best ways to do this is by imple- When working properly, the House of ess where we can determine what are menting meaningful reforms that bring Representatives follows the time-hon- worthy projects and distinguish those transparency and accountability to the ored practice of authorization, appro- from worthless pork. These reforms be- process. priation and oversight. Earmarking fore us will help accomplish that goal The Republican leadership has of- short circuits this process. Today, we so unworthy projects can be publicly fered a very modest rules amendment, do far too little authorizing, far too identified, debated and, hopefully, but I think we should go even further. much appropriating and far too little weeded out. It is in that spirit that I have intro- oversight. I think the reforms before us are very duced H.R. 1008, a resolution outlining When I was first elected, I had vi- straightforward. They specify that if a comprehensive approach to earmark sions of participating in the great de- the House considers a bill which in- reform that brings real transparency bates of our time. It is not that these cludes earmarks, it must be accom- and publicity to the earmarking proc- policy debates haven’t occurred. They panied by a list identifying those ear- ess for appropriations, authorizations have and they do. But I believe it is marks as well as the names of the and tax benefits. safe to say that they are diminishing. Members who requested them. The re- My comprehensive proposal, H.R. In Congress, policies and priorities forms also ensure that in the case of a 1008, includes requirements not only are established when money is at- conference report, the list includes any for reporting the Member’s name along tached to them. When the carefully de- earmarks that were what we call ‘‘air- with the earmark request; it also re- signed process of authorization, appro- dropped,’’ or in other words, not in- quires that earmark requests be sub- priation and oversight is adhered to, cluded in either the House or Senate mitted to the committee or commit- these policies and priorities are given a bills. tees at least 7 days before an earmark thorough vetting. But when earmarks No longer will Members, the media or request is scheduled to be voted upon. are inserted into bills at the last average taxpayers have to thumb But, most importantly, most impor- minute behind closed doors, there is no through pages of legislative and report tantly, my proposal requires that in- debate, deliberation or scrutiny. language looking for earmarks that are formation on all earmarks be posted on When appropriation bills reach the sometimes added at the eleventh hour. committee Web sites for public inspec- House floor, passage by a lopsided mar- This information will be publicly avail- tion at least 48 hours prior to the time gin is virtually assured because Mem- able for everyone to see. of the vote, and also directs the Clerk bers with earmarks are obligated to

VerDate Aug 31 2005 03:36 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.089 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6601 vote for the entire bill. The scope of de- It applies only to committee reported mark. If the House considers a man- bate is substantially narrowed when bills. It exempts managers’ amend- ager’s amendment on a bill, the com- even partisan disagreements that ments. That means the famous ‘‘Bridge mittee must comply with the earmark would otherwise occur are hushed as to Nowhere’’ would be exempted from rule and provide a list of earmarks Republicans and Democrats find com- this bill. On tax earmarks this bill ac- along with the name of the Member mon cause in protecting their ear- tually makes the existing law worse. who requested the earmark. By adopt- marks. Right now a tax earmark is defined as ing this new rule, we as a body are not I am under no illusion that this legis- a special treatment for 100 or fewer only making the commitment to live lation, which deals only with the issue persons. This bill says the only time under its provisions, but every Member of transparency, will solve the problem that it is going to be counted as a tax must make a commitment to adhere to of earmarking. Too many in this body earmark is if it affects one entity. That the spirit of this new rule. This is more have been convinced that they have means you can have a huge tax break than just adding a new rule. It is mak- both the right and the obligation to for two multinational oil companies ing a commitment to change the cul- personally direct funding to their dis- and it isn’t even covered in this pack- ture of this institution. trict. But this bill does represent an age. Mr. OBEY. Mr. Speaker, will the gen- important first step. In the 1986 tax bill, there were 340 tleman yield? Mr. Speaker, we owe this institution separate transition rules costing over Mr. DREIER. I am happy to yield to more than we are giving it. Let’s pass $10 billion. There were special tax my friend from Wisconsin. this bill and give it more of the respect breaks for two Chrysler plants. This Mr. OBEY. I thank you. Will you tell it deserves. bill wouldn’t cover it. The only way me how this is going to apply to the de- Ms. SLAUGHTER. Mr. Speaker, I am that that would be exposed under this fense appropriations bill that will be pleased to yield 5 minutes to the gen- bill is if there had only been one tax coming back to us this year from con- ference? tleman from Wisconsin (Mr. OBEY). break for one of those Chrysler plants. Mr. DREIER. Yes. If I could reclaim Mr. OBEY. Mr. Speaker, I thank the The tax bill that passed last year my time, the agreement that we have gentlewoman. that provided special treatment for for implementaton of this rule means Mr. Speaker, this bill represents the ceiling fan imports or for U.S. horse that if there is anything that has a so- death of lobby reform. Over the last and dog racing or Hollywood studios called airdrop provision in it, this rule year, as we all know, this House has re- that produce the movies in the Gulf, all will apply to— ceived a black eye because of the exempt under this bill. Mr. OBEY. So none of the earmarks DeLay scandal, stories about lobbyists There were 190 special provisions in presently in the bill will be required? paying for golf trips to Scotland, the the Pension Protection Act of 2000, Mr. DREIER. So this rule will be im- Cunningham blatant bribery case, the costing $180 million in taxpayers’ plemented immediately. Abramoff scandal, and we have been money—virtually all of them would be Mr. OBEY. So none of the Senate ear- awash in talk of reform. But com- exempt under this proposition. marks will be included; the Senate will prehensive reform packages have not If you want to save taxpayers’ dol- continue to be anonymous? been allowed to come to this floor. We lars, rather than continuing this silly Mr. DREIER. Mr. Speaker, if I could have not been allowed by the majority game of Trivial Pursuit, what you reclaim my time, I will tell you this. I to have votes on them. would do is to require that reconcili- know full well that the United States But now, 7 weeks before the election, ation bills can be used only to reduce Senate is watching this debate very, we get a chance to see that the major- the deficit rather than increase it as very closely and they very much are ity has labored long and produced a the majority party has cynically used interested in seeing us comply with mouse, or a fig leaf at best. the reconciliation process the last 4 this. My old friend, Archie the Cockroach, years. This bill, indeed, is Trivial Pur- Mr. Speaker, at this point I would be said once, ‘‘The trouble with most peo- suit. happy to yield 2 minutes to my very ple is that they lose their sense of pro- I don’t care if you list the Members good friend from Columbus, Indiana, portion; of what use is it for a queen who sponsor earmarks. I put out press the chairman of the Republican Study bee to fall in love with a bull?’’ Think releases on every one of them. I at- Committee, Mr. PENCE. about it a minute. tended a ceremony last week where we Mr. PENCE. Mr. Speaker, I thank the The problem with this bill is that had a groundbreaking for an expansion chairman for yielding, and I thank him there is a huge problem and this bill of the Mel Laird Medical Center in my for his leadership on House Resolution proposes a minuscule solution. The an- district. I got that earmark. I am 1000, providing for earmarking reform swer of the majority leadership is to proud of it, and I am proud to stand for in the House of Representatives. I also require a list of what they call ear- it. The problem is what this package feel moved to thank particularly the marks. But this package is more nota- doesn’t contain. House majority leader, JOHN BOEHNER, ble for what it does not include than it This is a joke. It is a fraud. It plays for his yeoman’s leadership and keep- is for what it does include. Trivial Pursuit. It focuses on the minu- ing his word on this issue with Mem- tiae instead of the big problems. That bers in our effort to bring this modest b 1630 should not be surprising given the but meaningful reform to the floor of I would call it the 1 percent solution. track record of the majority party in the Congress. Now, my personal anger about ear- this House. But this House ought to be Under Article I of the Constitution of marks I think is well known in this able to do better. the United States, the power of the body. The last time I chaired the Ap- Mr. DREIER. Mr. Speaker, I yield purse is the power of the House of Rep- propriations Committee there was not myself such time as I may consume. resentatives. And today we will not a single earmark in the Labor-H appro- Mr. Speaker, the majority leader, yield that power in any way. The Con- priation bill. Today there are over and I, in my role as chairman of the stitution gives this body the ability to 1,200. And 3 years ago the Labor-H Sub- Committee on Rules, have made a com- spend the money of the American peo- committee used the earmarks as black- mitment not only to the appropriators ple in ways large and small. House Res- mail by threatening to cut off ear- but to all Members of this body that we olution 1000 simply requires that we marks for any Member who refused to will enforce this rule with respect to earmark the earmarks. vote for an inadequate bill. I did not es- unreported measures and amendments, Mr. Speaker, we actually had a cow pecially like that and I made that including managers’ amendments, sub- farm when I was growing up, and I quite clear. But the point is that the mitted to the Rules Committee. If the know what an earmark is. It is a tag in problem is not earmarks. It is the House considers a bill that has not the ear of a cow that will tell you abuse of the earmark process. been reported by a committee, the whose cow it is. Well, the reality is This proposal does nothing to ensure committee of jurisdiction must comply under the rules that have developed institutional integrity. It is consumer with the earmark rule and provide a over generations here in the House, we fraud masquerading as earmark re- list of earmarks along with the name can add provisions to legislation, au- form. Look at what it does not cover: of the Member who requested the ear- thorizing bills and appropriation bills,

VerDate Aug 31 2005 03:36 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.091 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6602 CONGRESSIONAL RECORD — HOUSE September 14, 2006 without adding names. Today by H. ‘‘no-show’’ lobbying jobs, you know Mr. Speaker, I yield 2 minutes to the Res. 1000 we will simply require that something is wrong in the people’s gentleman from Dallas, our good friend we earmark the earmarks. House. When a mid-level staffer gets a who has worked very hard on this Transparency promotes account- $2 million buyout from a lobbying firm issue, Mr. HENSARLING. ability, and this institution would do only to have the revolving door return Mr. HENSARLING. Mr. Speaker, I well to embrace this modest but mean- him to his old job on the committee, thank the gentleman for yielding, and ingful step toward greater trans- you know something is wrong in the I certainly thank him for his leader- parency. people’s House. And this bill simply ship in helping bring this rule. As JEFF FLAKE, a great leader on this tells all the current players that the Two hundred and seventy-three thou- issue, said earlier, it saddens me to see House remains open for business. Busi- sand dollars to implement ‘‘garden mo- evidence of the low regard that mil- ness as usual continues. saics’’ at a local university, $179,000 to lions of Americans hold the institution When the Speaker’s gavel comes produce hydroponic tomatoes, $550,000 of the Congress. It is an historic insti- down, it is intended to open the peo- for a Museum of Glass, $400,000 for an tution filled with men and women of ple’s House, not the auction house. The Italian market in the Bronx, $500,000 both parties of goodwill and integrity. fact is we have an institutional prob- for buses at Disneyland. By adopting this modest but meaning- lem requiring an institutional solution. Mr. Speaker, there are many worthy ful earmarking reform today, we will To that end Representatives VAN earmarks, worthy of this institution, take an important step toward restor- HOLLEN, DOGGETT, DELAHUNT, BEAN, but today there are still too many that ing public confidence in the funda- BARROW, and I introduced real earmark do not pass the smell test, that do not mental integrity of our legislative reform legislation yesterday to elimi- pass the laugh test, and certainly do process at the national level. nate the abuses. Our bill prohibits ear- not pass the fiscal responsibility test. I urge my colleagues in both parties marks that personally benefit Mem- Ultimately, Mr. Speaker, we have to to say ‘‘yes’’ to transparency and bers, their spouses, and immediate decide do we wish to be judged by the greater accountability, say ‘‘yes’’ to family members. It bans earmarks that principles on which we stand or the earmarking reform. benefit lobbyists who chair a Member’s pork that we are able to carry? For the Ms. SLAUGHTER. Mr. Speaker, for leadership PAC. It prohibits earmarks integrity of our institution and the fis- the purpose of giving a response, I to any entity or lobbying firm employ- cal future of our republic, I certainly would like to yield 1 minute to the gen- ing the spouse, family member, or hope it is the former. tleman from Wisconsin (Mr. OBEY). former staffer of the earmark sponsor. The simple but profound rule that we Mr. OBEY. Mr. Speaker, I thank the Finally, it eliminates the ‘‘sweetheart’’ are debating today will empower Mem- gentlewoman for yielding me this time. tax provisions for a single individual or bers to engage in a proper debate as to I would simply point out under this corporation, and it ends the practice of whether an earmark is truly worth- provision, when the defense appropria- adding new earmarks into conference while and the opportunity to challenge tions bill comes back from the Senate, reports in the dead of night. its merits if it is not. not a single Senate earmark will be This is real reform the American peo- This is truly a defining moment for listed, and in the future only House ple are demanding, and I challenge my those who claim fealty to fiscal respon- earmarks will be listed. The Senate colleagues to let us have a vote on it. sibility. The question, Mr. Speaker, earmarks will not be listed. But I know they won’t because 12 years now is will Democrats put their votes I would also point out that if you ago the Republicans came to Congress where their mouths are and support read the language of this resolution, it to change Washington and in those 12 this rule? If they do not, they will once makes quite clear that the tax provi- years Washington changed them. again be exposed for the reckless and sions covered by this bill are, in fact, It is time for a new direction. It is wasteful spenders that they are. fewer than under existing law and also time for a change. The ‘‘for sale’’ sign I want to thank the Republican lead- that same fact applies to trade pref- still exists on the West Lawn of the ership for bringing this rule to the erences. people’s House. floor. I want to thank Chairman LEWIS Trade bills are hard enough to pass Mr. DREIER. Mr. Speaker, I yield for the great progress that has been now. So what happens is they slip in all myself such time as I may consume. made in dealing with earmarks under kinds of special deals for special com- Well, Mr. Speaker, I guess it is pretty his watch. And I personally want to modities in order to get 218 votes. obvious that we are 54 days away from thank the gentleman from Arizona an election. I listened to that speech, This bill will not lay a glove on (Mr. FLAKE) for his courage and relent- them, and for that matter, it will not and the only thing that I can say is less commitment to fight irresponsible lay a glove on a single appropriations that we have seen a challenge here, Federal spending in the area of ear- earmark. It doesn’t do anything to any both political parties in this institu- marks, and I urge the adoption of this earmark in the House or the Senate. tion, and we have stepped up to the rule. This bill is a fraud. plate, and we believe that account- Ms. SLAUGHTER. Mr. Speaker, I am ability, transparency, and disclosure pleased to yield 3 minutes to the gen- will provide an opportunity to address b 1645 tleman from Illinois (Mr. EMANUEL). the understandable concerns that have Ms. SLAUGHTER. The world knows Mr. EMANUEL. Mr. Speaker, 9 existed, and I believe that we have a who is doing the big spending. We have months ago the Speaker said, ‘‘Now is great opportunity with this legislation the worst deficit we have ever seen. the time for action’’ on real lobbying to bring about that change. And as far as stepping up to the plate, and ethics reform. At the same time, Let me just respond to Mr. OBEY’s the Democrats never get a chance at the current majority leader said we concern briefly, before I yield to my bat. We have absolutely nothing we can must act ‘‘because of a growing percep- colleague, on the issue of bringing back do, all we can do is vote up or down. We tion that the United States Congress is the defense conference report. When we don’t know when the bills were writ- for sale.’’ implement this rule, we will clearly be ten, we have no impact on them at all. And yet here we are today discussing placing onto the shoulders of whoever As far as the deliberative body, it is all legislation that will do nothing to pre- is chairing that conference from the on your side. So I urge all of my col- vent the abuses that have occurred on House side the responsibility of bring- leagues to vote ‘‘no’’ on this today. the Republican Congress’ watch by ing back a conference report that in- Mr. Speaker, I yield 4 minutes to the both parties and both parties’ Mem- cludes a full listing, full transparency gentleman from Maryland (Mr. VAN bers. In short, business as usual con- and full disclosure of all earmarks that HOLLEN). tinues here in the people’s House. were not in that measure when it was Mr. VAN HOLLEN. Mr. Speaker, de- When Members of Congress make passed through either the House or the spite the huge scandals that have millions from land deals tied to ear- Senate. So for that reason we in the worked this town, this Congress has marks, you know something is wrong House would not be able to bring up failed to pass a lobbying reform bill, we in the people’s House. When Members’ and pass a report that did not have failed to pass an ethics reform bill, we spouses are paid six-figure salaries for that full list that we are looking for. failed to deal with the gift ban, we

VerDate Aug 31 2005 03:36 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.093 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6603 failed to stop the flying on the cor- simple prohibitions that we talked Mr. CAMPBELL of California. Mr. porate jets, we failed to shut the re- about, to prohibit us from steering Speaker, I have been in this House for solving door. There has been a shame- Federal taxpayers’ dollars to organiza- less than a year, not a very long time, ful lack of accountability. tions that employed family members, but it is long enough to know that this Now, I support greater transparency that employed former staff members, is real reform. in the earmark process, I support or where monies were steered through In the first 90 days after I was elected greater sunshine. But we should get lobbyists and lobbyist organizations to this House, I received 70, that is 7–0, right at the root of the problem and that employed spouses or family mem- requests for various earmarks. A whole eliminate the worst abuses outright. bers or former staff members. lot of those, frankly, were not appro- Now, Mr. EMANUEL and I and others of- The key issue here is trying to end priate; whether there wasn’t a Federal fered an amendment the other day in the sort of inside dealing and sweet- nexus, whether there wasn’t a public the Rules Committee to stop the inside heart deals that have rocked this town. benefit, for whatever reason, they dealing and to stop the sweetheart We have not done that. What worries weren’t appropriate. Now, I submitted deals, and the Republican leadership me about this piece of legislation is seven of those 70 for consideration by said no. that people are going to pass it and the Appropriations Committee, and I What did that amendment do? It was they are going to go home to their con- have made very public what those pretty simple. It said a Member of Con- gressional districts and they are going seven were. Because if we are going to gress can’t take Federal taxpayers’ dol- to tell people: We have cleaned up spend taxpayer money, we ought to be lars and earmark them for an organiza- Washington; that we have stopped the able to justify it and to stand behind tion that employs their spouse or their abuses, that we have done something what we are doing, why we are doing it, family members. They said no to that. about the nexus between lobbying and who is doing it. And that is what It says let’s not take Federal taxpayer problems and the earmark process, this does. It simply says if we are going dollars and steer them to an organiza- when in fact we haven’t done it. to spend the taxpayers’ money in this tion that just employed one of their The earmarks have skyrocketed way, and there is nothing inappro- former staffers. They said no to that. since the Republicans took control of priate if there is a Federal nexus, et Mr. DREIER. Would the gentleman Congress, and yet they have also re- cetera, about Members spending money yield? fused to adopt a rule that we proposed on things that have a Federal nexus Mr. VAN HOLLEN. Not out of my for a pay-as-you-go budget. The Presi- and are appropriate and have a public time, Mr. Chairman. dent and others complain about ear- good in their district. There is nothing Mr. DREIER. If I could yield myself marks, but he hasn’t vetoed a single wrong with that process. But you 10 seconds out of my time. bill except the stem cell bill. We keep should be able to shine the light of day hearing about the problems on the Mr. VAN HOLLEN. I would be happy on it, to stand behind it, to say this is spending side, and yet every one of the to. what I am doing and this is why I am bills that has gone through this Con- Mr. DREIER. I was just going to say doing it and this is who is doing it. And gress has been signed by the President. that there was no amendment offered that is what this does. in the Rules Committee whatsoever, so Again, the only bill he has vetoed is Now, you could sit there as some of the bill dealing with stem cell re- nothing was rejected. our friends on the other side of the search. Mr. VAN HOLLEN. There was an aisle want to do and try to indicate ev- So if we are serious about fiscal ac- amendment. erything that is inappropriate. But Mr. DREIER. No, there wasn’t. I countability, let’s adopt the pay-as- you-go rule that has been proposed by isn’t it better if we just simply say, chair the committee, and I will tell you here it is and here is the name, so that that there was not an amendment that the Democrats, and let’s adopt the measures that I talked about that we the person doing it, if they know that was offered in the Rules Committee. there is anything there, then they Mr. VAN HOLLEN. There was a pro- submitted to the Rules Committee that would end the worst abuses. And I still won’t come forward with it. posal. Now, I have to tell you this is un- We made some proposals to address don’t understand why the Rules Com- mittee failed to take up and consider likely to save any money, unlikely to that issue. reduce spending, but what it will do is Mr. DREIER. It wasn’t offered in the those proposals. I thank my colleague from New York I think it will add greatly to what we Rules Committee. for the time. Let’s send a signal to the do spend being spent better. Mr. VAN HOLLEN. Thank you. 1 people around this country that we rec- Mr. DREIER. Mr. Speaker, I yield 1 ⁄2 There is a proposal also out there ognize the abuses that have taken minutes to the gentleman from Austin, that we have sponsored that I hope you place, that we are going to do some- Texas (Mr. MCCAUL). will address and make in order to this thing real, let’s not just pretend we are Mr. MCCAUL of Texas. I thank the particular piece of legislation with re- doing something. There is some mo- chairman for his leadership on this im- spect to prohibiting funds from going mentum to do things here. We are not portant resolution. to somebody who has an organization, taking advantage of it. Let’s do that. Mr. Speaker, in the past we have seen if that person is also the head of a po- Mr. DREIER. Mr. Speaker, I yield abusive earmarks in appropriation bills litical action committee of a leader- myself 45 seconds to say to my friend while the Members responsible hide ship PAC, some simple rules of the that to call increasing transparency, from the scrutiny of the American tax- game that we should all therefore be accountability, and disclosure as pre- payer. We have also seen earmarks in- able to agree to, I hope. If you didn’t tend is absolutely outrageous. cluded in the conference process in the take it up in the Rules Committee, There is bipartisan concern about darkness of night. Well, this bill maybe we can take it up now today if this problem, as stated from my friend changes all that. As a former Federal we all agree that those are abuses that from Wisconsin and from other Mem- prosecutor in the Public Integrity Sec- we should end. bers on both sides of the aisle, and I be- tion, I have always said that sunlight Ms. SLAUGHTER. If the gentleman lieve that this measure will allow us to is the best disinfectant. will yield, and I will give him the extra do that. From now on, our appropriations tax time, but let me make clear that this The proposal that the gentleman is and authorizing earmarks will have a amendment was submitted to the Rules talking about may have been listed up- bright light shined upon them. From Committee for consideration. The fact stairs, but it wasn’t offered on the now on, all reported bills and con- that you would not take it up is not Committee on Rules for us to consider. ference reports will include a list of the fault of Mr. VAN HOLLEN. And in looking at it, Mr. Speaker, I earmarks and the name of the Member Mr. VAN HOLLEN. Mr. Speaker, we have got to tell you that we found that requesting them. Members will also be submitted an amendment to the Rules it was the most impractical thing able to challenge any ‘‘air-dropped ear- Committee for its consideration. I am imaginable. mark.’’ sorry that the chairman decided not to Mr. Speaker, I yield 2 minutes to my This is exactly the transparency and take up the amendment, but what the very good friend from Newport Beach, accountability that the House needs, amendment did was outline the very Mr. CAMPBELL. and it is something that the American

VerDate Aug 31 2005 03:36 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.095 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6604 CONGRESSIONAL RECORD — HOUSE September 14, 2006 people have come to expect and de- neous materials immediately prior to that over the past hour. We have an op- serve. I urge my colleagues to vote for the vote on the previous question. That portunity to do just that right now. this important step to restoring integ- will include the listing of the amend- We, I am very happy to say, have put rity to the process. ments at the Rules Committee. into place bold economic policies that Mr. DREIER. Mr. Speaker, at this The SPEAKER pro tempore (Mr. have led to a $58 billion reduction in time I am happy to yield 2 minutes to THORNBERRY). Is there objection to the the deficit over last year’s number. the gentleman from Wantage, New Jer- request of the gentlewoman from New We today have the lowest unemploy- sey (Mr. GARRETT). York? ment rate on the face of the earth. Mr. GARRETT of New Jersey. Mr. There was no objection. There is no other country in the world Speaker, it is time for us to open up Ms. SLAUGHTER. Mr. Speaker, the with an unemployment rate as low as our books to the American people so Republican leadership in this House our unemployment rate, and yet we that everyone in the public can be fully has promised for months it would enact need to continue to do everything that apprised as to how their hard-earned comprehensive ethics and lobbying re- we can to try and rein in Federal dollars are spent by the Federal Gov- form legislation in this Congress. We spending. I, as a Republican, believe that the ernment. I rise in support of this bill all know that it has not and most like- reach of government not only costs for reform. ly will not happen before the House ad- money, but it impinges on individual Accountability is not something that journs for the mid-term elections in initiative and opportunity. I believe should be or could be postponed. It just 2 weeks. But we still have time should be instinctive in all of our work that as we focus on this kind of reform and opportunity to do something today we will be in a position where we will as stewards of the American taxpayer. if we will defeat the previous question. It should be reflective, but sadly it is be able to improve the quality of life The amendment provides that, imme- and the standard of living for our con- not. diately after the House adopts this I am encouraged that we are taking stituents. rule, it will bring up ethics and lob- up this bill. I believe it is an important Mr. Speaker, vote ‘‘yes’’ on the pre- bying reform legislation that is iden- first step forward in accountability. vious question and ‘‘yes’’ on this rule. tical to the motion to recommit that I The reforms we consider today in es- Mr. DINGELL. Mr. Speaker, I rise today in offered this past May. That motion to sence broaden the efforts of our earlier opposition to the legislation before us today. recommit, which had bipartisan sup- reforms and lobbying reform package This legislation is not real reform; it is merely port, came within three votes of pass- of legislation that we passed earlier. It an empty shell riddled with loopholes that will goes now to appropriations, authoriza- ing. allow the culture of corruption that has in- tion, and tax bills. b 1700 fected this House to continue virtually un- We must stop the process of loading checked. This legislation, called the Honest This bill—for which the text has only been up authorization bills with pork the Leadership and Open Government Act, way we loaded up appropriations bills. available for less than 12 hours—is simply a is a truly comprehensive ethics and poorly masked effort by Republicans to dis- That infamous Bridge to Nowhere, that lobbying reform initiative. It takes a was an appropriations bill. It was an tract voters from the fact that they have failed tough stand on a number of the prob- to live up to their promises to pass real ethics earmark in a bill authorizing Federal lems that have led to the culture of spending giving the congressional im- and lobbying reform. The only reform they can corruption that has evolved in the claim victory for is banning former Members primatur to the project. 109th Congress. We must police Federal tax laws bet- who are now lobbyists from the Members’ I urge all Members to vote ‘‘no’’ on ter as well. We load up our tax bills gym. While this is of course an admirable the previous question so we can bring with special tax breaks, making the step, it is a baby step at most. up legislation and give Members of this IRS Code totally incomprehensible Mr. Speaker, I believe that sunshine is the even to the most skilled and practiced House the right to cast a vote for best disinfectant—and I can truly say that this CPA. We cannot begin the process of cleaning up the ethics problems that House has never been more in need of a good dose of sunshine. Over the past few simplifying the Tax Code until we end have plagued this institution for too years, we have seen some truly appalling the practice of random tax cut ear- long. Time is running out for the 109th abuses of power. Legislation has been passed marks. Congress. If we do not act now, there For too long these earmarks have will be no opportunity to show the without Members even knowing what they are lived a really quiet existence in the American people that we are serious voting for; votes have been held open for back room, in the dead of night; they about reform. record amounts of time; and lobbyists have slip into language without even the Vote ‘‘no’’ on the previous question had more access to conference negotiations than Members of the conference. This shame- public’s awareness to it. But let me and vote ‘‘no’’ on the rule for this piece ful behavior should not be acceptable to Mem- just make this other point: Not all ear- of legislation that will only live for bers of either party, and this bill is just another marks are bad. There are local projects two more weeks. example of how Congress has done nothing to that are worthy of Federal assistance. Mr. Speaker, I yield back the balance stop it. But worthy projects will be those that of my time. Mr. DREIER. Mr. Speaker, I yield I urge my colleagues to reject this bill and stand up to the light of day in public to make valid, meaningful reform a genuine scrutiny and floor debate. And as we myself the balance of the time. Mr. Speaker, under the very able priority for the 109th Congress. work to curb spending and government Mr. SHAYS. Mr. Speaker, I urge support of leadership of my California colleague waste, such accountability is crucial. H. Res. 1000, which will require disclosure of JERRY LEWIS we have seen a 37 percent So as one of my fellow Members likes earmark sponsors in the text of any legislation reduction in the number of earmarks. to say, and I often quote him, we must considered in the House. This is a common- We have seen either a flat line or real put the focus back on the family budg- sense change that should improve the trans- et and not on the Federal budget. In cuts in the appropriations bills with parency of the earmarking process and elimi- fact, until we get a handle on all ear- the exception of our priorities of na- nate questions about who is really behind the marks, all our other efforts to rein in tional defense and homeland security, funding of thousands of projects. spending, to reduce the deficit, and to and we have seen a very strong com- I believe securing federal funding for local fund true national priorities like pro- mitment to institutional reform. I take projects can be an important role for a mem- tecting our Nation from terrorism will my hat off to JERRY LEWIS for the fine ber of Congress, so long as the project meets be useless. work that he has done. basic requirements. I use two tests to deter- Ms. SLAUGHTER. Mr. Speaker, I Mr. Speaker, we are constantly look- mine whether to seek funding. First, I ensure will be asking for a ‘‘no’’ vote on the ing at more reform. The Speaker of the that transportation projects have the support of previous question so I can amend the House, the majority leader, I believe the local chief executive, regional planning rule to give the House an opportunity that Members on both sides of the aisle agency and the Connecticut Department of to vote today up or down on a com- believe that we should pursue greater Transportation. prehensive reform package. transparency, greater disclosure and Secondly, I apply my ‘‘community meeting’’ I ask unanimous consent to insert greater accountability. I have heard test. If I can’t justify the funding to constitu- the text of the amendment and extra- Democrats and Republicans alike say ents, I know it’s not a project I should support.

VerDate Aug 31 2005 03:45 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00068 Fmt 4634 Sfmt 9920 E:\CR\FM\K14SE7.096 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6605 Earmarks have funded a broad array of ‘‘SEC. 2. Immediately upon the adoption of Sec. 403. Penalty for false certification in transportation projects in the Fourth Congres- this resolution it shall be in order without connection with congressional sional District, including the Bridgeport Inter- intervention of any point of order to con- travel. sider in the House a bill consisting of the Sec. 404. Mandatory annual ethics training modal Center, the Norwalk Pulse Point Im- text specified in Section 3. The bill shall be for House employees. provement project, and the Stamford Urban considered as read for amendment. The pre- TITLE V—OPEN GOVERNMENT Transitway, and projects promoting urban de- vious question shall be considered as ordered Sec. 501. Fiscal responsibility. velopment in our urban areas and education. on the bill to final passage without inter- Sec. 502. Curbing abuses of power. Unfortunately, projects like Alaska’s ‘‘Bridge vening motion except: (1) 60 minutes of de- Sec. 503. Ending 2-day work weeks. to Nowhere,’’ taint views of all congressionally- bate equally divided and controlled by the Sec. 504. Knowing what the House is voting directed funding. chairman and ranking minority member of on. I do not believe adoption of this resolution the Committee on Rules; and (2) one motion Sec. 505. Full and open debate in conference. today lessens the need for comprehensive to recommit with or without instructions.’’ SEC. 3. The text referred to in section 2 is TITLE VI—ANTI-CRONYISM AND PUBLIC lobbying and ethics reform, because today’s as follows: SAFETY action still does not prevent the type of behav- H.R.— Sec. 601. Minimum requirements for polit- ior we have witnessed in recent months. The ical appointees holding public Be it enacted by the Senate and House of Rep- safety positions. resolution does provide additional sunlight on resentatives of the United States of America in Sec. 602. Effective date. the process, however, which I think we can all Congress assembled, TITLE VII—ZERO TOLERANCE FOR agree is a good thing, SECTION 1. SHORT TITLE AND TABLE OF CON- Mr. SMITH of Texas. Mr. Speaker, I strongly TENTS. CONTRACT CHEATERS support this resolution to reform the earmark (a) SHORT TITLE.—This Act may be cited as Sec. 701. Public availability of Federal con- process in Congress. the ‘‘Honest Leadership and Open Govern- tract awards. Not all spending requests are bad. Many of ment Act of 2006’’. Sec. 702. Prohibition on award of monopoly them fund legitimate public projects. (b) TABLE OF CONTENTS.—The table of con- contracts. Sec. 703. Competition in multiple award con- The Constitution gives Congress the power tents for this Act is as follows: Sec. 1. Short title and table of contents. tracts. of the purse, and Members of Congress are Sec. 704. Suspension and debarment of un- often in a better position to determine the pri- TITLE I—CLOSING THE REVOLVING ethical contractors. orities of their districts than government em- DOOR Sec. 705. Criminal sanctions for cheating ployees in Washington. Sec. 101. Extension of lobbying ban for taxpayers and wartime fraud. However, the often secret process that has former Members and employees Sec. 706. Prohibition on contractor conflicts been used in recent years to fund earmarks of Congress and executive of interest. branch officials. has led to wasteful and unnecessary spend- Sec. 707. Disclosure of Government con- Sec. 102. Elimination of floor privileges and tractor overcharges. ing. access to Members exercise fa- Sec. 708. Penalties for improper sole-source The earmark process needs more sunshine cilities for former Member lob- contracting procedures. on it, and this new rule provides for that. byists. Sec. 709. Stopping the revolving door. This bill will bring greater transparency to Sec. 103. Disclosure by Members of Congress TITLE VIII—PRESIDENTIAL LIBRARIES and senior congressional staff the legislative process, ensuring that Members Sec. 801. Presidential libraries. of Congress are held accountable for their re- of employment negotiations. TITLE IX—FORFEITURE OF RETIREMENT quests. Sec. 104. Ethics review of employment nego- tiations by executive branch of- BENEFITS By requiring a list of earmarks and their ficials. Sec. 901. Loss of pensions accrued during sponsors to accompany every bill and con- Sec. 105. Wrongfully influencing a private service as a Member of Con- ference report considered by the House we entity’s employment decisions gress for abusing the public will deter wrongful behavior and give the pub- or practices. trust. lic a better view of what their elected officials TITLE II—FULL PUBLIC DISCLOSURE OF TITLE I—CLOSING THE REVOLVING DOOR LOBBYING are doing in Washington. SEC. 101. EXTENSION OF LOBBYING BAN FOR Full disclosure will enable our constituents Sec. 201. Quarterly filing of lobbying disclo- FORMER MEMBERS AND EMPLOY- to decide whether spending requests are justi- sure reports. EES OF CONGRESS AND EXECUTIVE fied and whether they serve the public inter- Sec. 202. Electronic filing of lobbying disclo- BRANCH OFFICIALS. est. sure reports. Section 207 of title 18, United States Code, I have long advocated for this important re- Sec. 203. Additional lobbying disclosure re- is amended— quirements. (1) in subsection (c)— form and I am glad the House is acting on it. Sec. 204. Disclosure of paid efforts to stimu- (A) in the subsection heading, by striking Republicans in the House have a strong late grassroots lobbying. ‘‘One-year’’ and inserting ‘‘Two-year’’; record of implementing ethics reform. This rule Sec. 205. Disclosure of lobbying activities by (B) in paragraph (1), by striking ‘‘1 year’’ change governing earmarks represents a certain coalitions and associa- and inserting ‘‘2 years’’ in both places it ap- great improvement over the current system tions. pears; and and is another example of our party’s leader- Sec. 206. Disclosure by registered lobbyists (C) in paragraph (2)(B), by striking ‘‘1-year ship on ethics reform. of past executive and congres- period’’ and inserting ‘‘2-year period;’’ At this time, I request unanimous consent to sional employment. (2) in subsection (d)— Sec. 207. Public database of lobbying disclo- (A) in paragraph (1), by striking ‘‘1 year’’ place in the RECORD an op-ed I wrote on the sure information. and inserting ‘‘2 years’’; and subject. Sec. 208. Conforming amendment. (B) in paragraph (2)(A), by striking ‘‘1 I am hopeful that we will continue to imple- TITLE III—RESTRICTING year’’ and inserting ‘‘2 years’’; and ment additional reforms, including greater pub- CONGRESSIONAL TRAVEL AND GIFTS (3) in subsection (e)— (A) in paragraph (1)(A), by striking ‘‘1 lic disclosure of lobbying activities, and con- Sec. 301. Ban on gifts from lobbyists. tinue to uphold the integrity of the House. Sec. 302. Prohibition on privately funded year’’ and inserting ‘‘2 years’’; Mr. Speaker, I am glad this resolution has travel. (B) in paragraph (2)(A), by striking ‘‘1 been brought to the floor and urge my col- Sec. 303. Prohibiting lobbyist organization year’’ and inserting ‘‘2 years’’; leagues to support it. and participation in congres- (C) in paragraph (3), by striking ‘‘1 year’’ and inserting ‘‘2 years’’; Mr. DREIER. Mr. Speaker, I am inserting in sional travel. Sec. 304. Prohibition on obligation of funds (D) in paragraph (4), by striking ‘‘1 year’’ the RECORD a list of additional Members who and inserting ‘‘2 years’’; would like to be considered as cosponsors of for travel by legislative and ex- ecutive branch officials. (E) in paragraph (5)(A), by striking ‘‘1 H. Res. 1000. Sec. 305. Per diem expenses for congres- year’’ and inserting ‘‘2 years’’; and Additional Members include: MARK GREEN, sional travel. (F) in paragraph (6), by striking ‘‘1-year pe- riod’’ and inserting ‘‘2-year period’’. JOHN LINDER, and CHARLES BASS. TITLE IV—ENFORCEMENT OF LOBBYING The material previously referred by RESTRICTIONS SEC. 102. ELIMINATION OF FLOOR PRIVILEGES Ms. SLAUGHTER is as follows: AND ACCESS TO MEMBERS EXER- Sec. 401. Office of public integrity. CISE FACILITIES FOR FORMER MEM- PREVIOUS QUESTION ON H. RES. 1003 RULE Sec. 402. Increased civil and criminal pen- BER LOBBYISTS. PROVIDING FOR CONSIDERATION OF H. RES. 1000 alties for failure to comply (a) FLOOR PRIVILEGES.—(1) Clause 4 of rule At the end of the resolution add the fol- with lobbying disclosure re- IV of the Rules of the House of Representa- lowing new sections: quirements. tives is amended to read as follows:

VerDate Aug 31 2005 03:45 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.053 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6606 CONGRESSIONAL RECORD — HOUSE September 14, 2006 ‘‘4. (a) A former Member, Delegate, or Resi- her position’’ the following: ‘‘and the Office TITLE II—FULL PUBLIC DISCLOSURE OF dent Commissioner; a former Parliamen- of Government Ethics’’; and LOBBYING tarian of the House; or a former elected offi- (B) by striking ‘‘a written determination SEC. 201. QUARTERLY FILING OF LOBBYING DIS- cer of the House or former minority em- made by such official’’ and inserting ‘‘a writ- CLOSURE REPORTS. ployee nominated as an elected officer of the ten determination made by the Office of (a) QUARTERLY FILING REQUIRED.—Section House; or a head of a department shall not be Government Ethics, after consultation with 5 of the Lobbying Disclosure Act of 1995 (2 entitled to the privilege of admission to the such official,’’; and U.S.C. 1604) is amended— Hall of the House and rooms leading thereto (2) in subsection (b)(3), by striking ‘‘the of- (1) in subsection (a)— if he or she— ficial responsible for the employee’s appoint- (A) by striking ‘‘Semiannual’’ and insert- ‘‘(1) is a registered lobbyist or agent of a ment, after review of’’ and inserting ‘‘the Of- ing ‘‘Quarterly’’; foreign principal as those terms are defined fice of Government Ethics, after consulta- (B) by striking ‘‘the semiannual period’’ in clause 5 of rule XXV; tion with the official responsible for the em- and all that follows through ‘‘July of each ‘‘(2) has any direct personal or pecuniary ployee’s appointment and after review of’’; year’’ and insert ‘‘the quarterly period begin- interest in any legislative measure pending and ning on the first days of January, April, before the House or reported by a committee; (3) in subsection (d)(1)— July, and October of each year’’; and or (A) by striking ‘‘Upon request’’ and all (C) by striking ‘‘such semiannual period’’ ‘‘(3) is in the employ of or represents any that follows through ‘‘Ethics in Government and insert ‘‘such quarterly period’’; and party or organization for the purpose of in- Act of 1978.’’ and inserting ‘‘In each case in (2) in subsection (b)— fluencing, directly or indirectly, the passage, which the Office of Government Ethics (A) in the matter preceding paragraph (1), defeat, or amendment of any legislative pro- makes a determination granting an exemp- by striking ‘‘semiannual report’’ and insert- posal. tion under subsection (b)(1) or (b)(3) to a per- ing ‘‘quarterly report’’; ‘‘(b) The Speaker may promulgate regula- son, the Office shall, not later than 3 busi- (B) in paragraph (2), by striking ‘‘semi- tions that exempt ceremonial or educational ness days after making such determination, annual filing period’’ and inserting ‘‘quar- functions from the restrictions of this make available to the public pursuant to the terly period’’; clause.’’. procedures set forth in section 105 of the (C) in paragraph (3), by striking ‘‘semi- (2) Clause 2(a)(12) of rule IV of the Rules of Ethics in Government Act of 1978, and pub- annual period’’ and inserting ‘‘quarterly pe- the House of Representatives is amended by lish in the Federal Register, such determina- riod’’; and inserting ‘‘(subject to clause 4)’’ before the tion and the materials submitted by such (D) in paragraph (4), by striking ‘‘semi- period. person in requesting such exemption.’’; and (b) EXERCISE FACILITIES.—(1) The House of annual filing period’’ and inserting ‘‘quar- (B) by striking ‘‘the agency may withhold’’ Representatives may not provide access to terly period’’. and inserting ‘‘the Office of Government any exercise facility which is made available (b) CONFORMING AMENDMENTS.— Ethics may withhold’’. exclusively to Members and former Members (1) DEFINITION.—Section 3(10) of the Lob- of the House of Representatives to any SEC. 105. WRONGFULLY INFLUENCING A PRIVATE bying Disclosure Act of 1995 (2 U.S.C. 1602) is ENTITY’S EMPLOYMENT DECISIONS former Member who is a lobbyist registered amended by striking ‘‘six month period’’ and OR PRACTICES. inserting ‘‘three-month period’’. under the Lobbying Disclosure Act of 1995 or (a) IN GENERAL.—Chapter 11 of title 18, any successor statute. For purposes of this (2) REGISTRATION.—Section 4 of the Lob- United States Code, is amended by adding at bying Disclosure Act of 1995 (2 U.S.C. 1603) is section, the term ‘‘Member of the House of the end the following: Representatives’’ includes a Delegate or amended— Resident Commissioner to the Congress. ‘‘§ 226. Wrongfully influencing a private enti- (A) in subsection (a)(3)(A), by striking (2) The Committee on House Administra- ty’s employment decisions by a Member of ‘‘semiannual period’’ and inserting ‘‘quar- tion shall promulgate regulations to carry Congress terly period’’; and out this section. ‘‘Whoever, being a Senator or Representa- (B) in subsection (b)(3)(A), by striking SEC. 103. DISCLOSURE BY MEMBERS OF CON- tive in, or a Delegate or Resident Commis- ‘‘semiannual period’’ and inserting ‘‘quar- GRESS AND SENIOR CONGRES- sioner to, the Congress or an employee of ei- terly period’’. SIONAL STAFF OF EMPLOYMENT NE- ther House of Congress, with the intent to (3) ENFORCEMENT.—Section 6 of the Lob- GOTIATIONS. influence on the basis of partisan political bying Disclosure Act of 1995 (2 U.S.C. 1605) is Rule XXIII of the Rules of the House of affiliation an employment decision or em- amended in paragraph (6) by striking ‘‘semi- Representatives is amended by redesignating ployment practice of any private entity— annual period’’ and inserting ‘‘quarterly pe- clause 14 as clause 15 and by adding at the ‘‘(1) takes or withholds, or offers or threat- riod’’. end the following new clause: ens to take or withhold, an official act; or (4) ESTIMATES.—Section 15 of the Lobbying ‘‘14. (a) A Member, Delegate, Resident ‘‘(2) influences, or offers or threatens to in- Disclosure Act of 1995 (2 U.S.C. 1610) is Commissioner, officer, or employee of the fluence, the official act of another; amended— House covered by the post employment re- shall be fined under this title or imprisoned (A) in subsection (a)(1), by striking ‘‘semi- striction provisions of title 18, United States for not more than 15 years, or both, and may annual period’’ and inserting ‘‘quarterly pe- Code, shall notify the Committee on Stand- be disqualified from holding any office of riod’’; and ards of Official Conduct that he or she is ne- honor, trust, or profit under the United (B) in subsection (b)(1), by striking ‘‘semi- gotiating or has any arrangement con- States.’’. annual period’’ and inserting ‘‘quarterly pe- cerning prospective private employment if a (b) NO INFERENCE.—Nothing in section 226 riod’’. conflict of interest or the appearance of a of title 18, United States Code, as added by (5) DOLLAR AMOUNTS.— conflict of interest may exist. this section, shall be construed to create any (A) Section 4 of the Lobbying Disclosure ‘‘(b) The disclosure and notification under inference with respect to whether the activ- Act of 1995 (2 U.S.C. 1603) is amended— subparagraph (a) shall be made within 3 busi- ity described in section 226 of title 18, United (i) in subsection (a)(3)(A)(i), by striking ness days after the commencement of such States Code, was already a criminal or civil ‘‘$5,000’’ and inserting ‘‘$2,500’’; negotiation or arrangement. offense prior to the enactment of this Act, (ii) in subsection (a)(3)(A)(ii), by striking ‘‘(c) A Member or employee to whom this including sections 201(b), 201(c), and 216 of ‘‘$20,000’’ and inserting ‘‘$10,000’’; rule applies shall recuse himself or herself title 18, United States Code. (iii) in subsection (b)(3)(A), by striking from any matter in which there is a conflict (c) CHAPTER ANALYSIS.—The chapter anal- ‘‘$10,000’’ and inserting ‘‘$5,000’’; and of interest for that Member or employee ysis for chapter 11 of title 18, United States (iv) in subsection (b)(4), by striking under this rule and notify the Committee on Code, is amended by adding at the end the ‘‘$10,000’’ and inserting ‘‘$5,000’’. Standards of Official Conduct of such following: (B) Section 5 of the Lobbying Disclosure recusal. ‘‘(d)(1) The Committee on Standards of Of- ‘‘226. Wrongfully influencing a private enti- Act of 1995 (2 U.S.C. 1604) is amended— ficial Conduct shall develop guidelines con- ty’s employment decisions by a (i) in subsection (c)(1), by striking cerning conduct which is covered by this Member of Congress.’’. ‘‘$10,000’’ and ‘‘$20,000’’ and inserting ‘‘$5,000’’ paragraph. (d) HOUSE RULES.—Rule XXIII of the Rules and ‘‘$10,000’’, respectively; and ‘‘(2) The Committee on Standards of Offi- of the House (as amended by section 103) is (ii) in subsection (c)(2), by striking cial Conduct shall maintain a current public further amended by redesignating clause 15 ‘‘$10,000’’ both places such term appears and record of all notifications received under as clause 16, and by inserting after clause 14 inserting ‘‘$5,000’’. subparagraph (a) and of all recusals under the following new clause: SEC. 202. ELECTRONIC FILING OF LOBBYING DIS- subparagraph (c).’’. ‘‘15. No Member, Delegate, or Resident CLOSURE REPORTS. SEC. 104. ETHICS REVIEW OF EMPLOYMENT NE- Commissioner shall, with the intent to influ- Section 5 of the Lobbying Disclosure Act of GOTIATIONS BY EXECUTIVE BRANCH ence on the basis of partisan political affili- 1995 (2 U.S.C. 1604) is amended by adding at OFFICIALS. ation an employment decision or employ- the end the following: Section 208 of title 18, United States Code, ment practice of any private entity— ‘‘(d) ELECTRONIC FILING REQUIRED.—A re- is amended— ‘‘(1) take or withhold, or offer or threaten port required to be filed under this section (1) in subsection (b)(1)— to take or withhold, an official act; or shall be filed in electronic form, in addition (A) by inserting after ‘‘the Government of- ‘‘(2) influence, or offer or threaten to influ- to any other form that may be required by ficial responsible for appointment to his or ence, the official act of another.’’. the Secretary of the Senate or the Clerk of

VerDate Aug 31 2005 03:45 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.058 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6607 the House of Representatives. The Secretary ‘‘(A) if a report states (under section 5(b)(9) paid efforts to stimulate grassroots lobbying of the Senate and the Clerk of the House of or otherwise) that a Member of Congress was and, within that total amount, a good faith Representatives shall provide for public ac- contacted, immediately notify that Member estimate of the total amount specifically re- cess to such reports on the Internet.’’. of that report; and lating to paid advertising)’’; and SEC. 203. ADDITIONAL LOBBYING DISCLOSURE ‘‘(B) where necessary,’’. (B) striking the period and inserting a REQUIREMENTS. SEC. 204. DISCLOSURE OF PAID EFFORTS TO semicolon; (a) DISCLOSURE OF CONTRIBUTIONS AND PAY- STIMULATE GRASSROOTS LOB- (3) by adding at the end the following: MENTS.—Section 5(b) of the Lobbying Disclo- BYING. ‘‘(5) in the case of a grassroots lobbying sure Act of 1995 (2 U.S.C. 1604(b)) is amend- (a) DISCLOSURE OF PAID EFFORTS TO STIMU- firm, for each client— ed— LATE GRASSROOTS LOBBYING.—Section 3 of ‘‘(A) a good faith estimate of the total dis- (1) in paragraph (5), as added by section the Lobbying Disclosure Act of 1995 (2 U.S.C. bursements made for grassroots lobbying ac- 204(c), by striking the period and inserting a 1602) is amended— tivities, and a subtotal for disbursements semicolon; and (1) in paragraph (7), by adding at the end made for grassroots lobbying through paid (2) by adding at the end the following: the following: ‘‘Lobbying activities include advertising; ‘‘(6) for each registrant (and for any polit- paid efforts to stimulate grassroots lobbying, ‘‘(B) identification of each person or entity ical committee, as defined in section 301(4) of but do not include grassroots lobbying.’’; and other than an employee who received a dis- the Federal Election Campaign Act of 1971 (2 (2) by adding at the end the following: bursement of funds for grassroots lobbying U.S.C. 431(4)), affiliated with such registrant) ‘‘(18) GRASSROOTS LOBBYING.—The term activities of $10,000 or more during the period ‘grassroots lobbying’ means the voluntary and for each employee listed as a lobbyist by and the total amount each person or entity efforts of members of the general public to a registrant under paragraph 2(C)— received; and communicate their own views on an issue to ‘‘(A) the name of each Federal candidate or ‘‘(C) if such disbursements are made Federal officials or to encourage other mem- officeholder, leadership PAC, or political through a person or entity who serves as an bers of the general public to do the same. party committee, to whom a contribution intermediary or conduit, identification of ‘‘(19) PAID EFFORTS TO STIMULATE GRASS- was made, and the amount of such contribu- each such intermediary or conduit, identi- ROOTS LOBBYING.—The term ‘paid efforts to tion; and fication of the person or entity who receives stimulate grassroots lobbying’— ‘‘(B) the name of each Federal candidate or the funds, and the total amount each such ‘‘(A) means any paid attempt to influence officeholder, or a leadership PAC of such person or entity received.’’; and the general public, or segments thereof, to candidate or officeholder, or political party (4) by adding at the end the following: committee for whom a fundraising event was engage in grassroots lobbying or lobbying hosted, cohosted, or otherwise sponsored, the contacts; and ‘‘Subparagraphs (B) and (C) of paragraph (2) date and location of the event, and the total ‘‘(B) does not include any attempt de- shall not apply with respect to reports relat- amount raised by the event; scribed in subparagraph (A) by a person or ing to paid efforts to stimulate grassroots ‘‘(7) a certification that the lobbying firm entity directed to its members, employees, lobbying activities.’’. or registrant has not provided, requested, or officers or shareholders, unless such attempt (d) LARGE GRASSROOTS EXPENDITURE.—Sec- directed a gift, including travel, to a Member is financed with funds directly or indirectly tion 5(a) of the Act (2 U.S.C. 1604(a)) is or employee of Congress in violation of received from or arranged by a lobbyist or amended— clause 5 of rule XXV of the Rules of the other registrant under this Act retained by (1) by striking ‘‘No later’’ and inserting: House of Representatives; another person or entity. ‘‘(1) IN GENERAL.—Except as provided in ‘‘(8) the date, recipient, and amount of ‘‘(20) GRASSROOTS LOBBYING FIRM.—The paragraph (2), not later’’; and funds contributed or disbursed by, or ar- term ‘grassroots lobbying firm’ means a per- (2) by adding at the end the following: ranged by, a registrant or employee listed as son or entity that— ‘‘(2) LARGE GRASSROOTS EXPENDITURE.—A a lobbyist— ‘‘(A) is retained by 1 or more clients to en- registrant that is a grassroots lobbying firm ‘‘(A) to pay the costs of an event to honor gage in paid efforts to stimulate grassroots and that receives income of, or spends or or recognize a covered legislative branch of- lobbying on behalf of such clients; and agrees to spend, an aggregate amount of ficial or covered executive branch official; ‘‘(B) receives income of, or spends or agrees $250,000 or more on paid efforts to stimulate ‘‘(B) to, or on behalf of, an entity that is to spend, an aggregate of $50,000 or more for grassroots lobbying for a client, or for a named for a covered legislative branch offi- such efforts in any quarterly period.’’. group of clients for a joint effort, shall file— cial or covered executive branch official, or (b) REGISTRATION.—Section 4(a) of the Act ‘‘(A) a report under this section not later to a person or entity in recognition of such (2 U.S.C. 1603(a)) is amended— than 20 days after receiving, spending, or official; (1) in paragraph (1), by striking ‘‘45’’ and agreeing to spend that amount; and ‘‘(C) to an entity established, financed, inserting ‘‘20’’; ‘‘(B) an additional report not later than 20 maintained, or controlled by a covered legis- (2) in the flush matter at the end of para- days after each time such registrant receives lative branch official or covered executive graph (3)(A)— income of, or spends or agrees to spend, an branch official, or an entity designated by (A) by striking ‘‘as estimated’’ and insert- aggregate amount of $250,000 or more on paid such official; or ing ‘‘as included’’; and efforts to stimulate grassroots lobbying for a ‘‘(D) to pay the costs of a meeting, retreat, (B) by adding at the end the following: client, or for a group of clients for a joint ef- conference or other similar event held by, or ‘‘For purposes of clauses (i) and (ii) the term fort.’’. for the benefit of, 1 or more covered legisla- ‘lobbying activities’ shall not include paid SEC. 205. DISCLOSURE OF LOBBYING ACTIVITIES tive branch officials or covered executive efforts to stimulate grassroots lobbying.’’; BY CERTAIN COALITIONS AND ASSO- branch officials; (3) by redesignating paragraph (3) as para- CIATIONS. (a) IN GENERAL.—Paragraph (2) of section 3 except that this paragraph shall not apply to graph (4); and (4) by inserting after paragraph (2) the fol- of the Lobbying Disclosure Act of 1995 (2 any payment or reimbursement made from U.S.C. 1602) is amended to read as follows: funds required to be reported under section lowing: ‘‘(2) CLIENT.— 304 of the Federal Election Campaign Act of ‘‘(3) GRASSROOTS LOBBYING FIRMS.—Not ‘‘(A) IN GENERAL.—The term ‘client’ means 1971 (2 U.S.C. 434); and later than 20 days after a grassroots lobbying firm first is retained by a client to engage in any person or entity that employs or retains ‘‘(9) the name of each Member of Congress another person for financial or other com- contacted by lobbyists employed by the reg- paid efforts to stimulate grassroots lobbying, such grassroots lobbying firm shall register pensation to conduct lobbying activities on istrant on behalf of the client.’’. behalf of that person or entity. A person or (b) LEADERSHIP PAC.—Section 3 of the Lob- with the Secretary of the Senate and the entity whose employees act as lobbyists on bying Disclosure Act of 1995 (2 U.S.C. 1602) is Clerk of the House of Representatives.’’. amended by adding at the end the following: (c) SEPARATE ITEMIZATION OF PAID EFFORTS its own behalf is both a client and an em- TO STIMULATE GRASSROOTS LOBBYING.—Sec- ployer of such employees. ‘‘(17) LEADERSHIP PAC.—The term ‘leader- ship PAC’ means an unauthorized multi- tion 5(b) of the Act (2 U.S.C. 1604(b)) is ‘‘(B) TREATMENT OF COALITIONS AND ASSO- candidate political committee that is estab- amended— CIATIONS.— lished, financed, maintained, and controlled (1) in paragraph (3), by— ‘‘(i) IN GENERAL.—Except as provided in by an individual who is a Federal office- (A) inserting after ‘‘total amount of all in- clauses (ii) and (iii), in the case of a coalition holder or a candidate for Federal office.’’. come’’ the following: ‘‘(including a separate or association that employs or retains other (c) FULL AND DETAILED ACCOUNTING.—Sec- good faith estimate of the total amount re- persons to conduct lobbying activities, each tion 5(c)(1) of the Lobbying Disclosure Act of lating specifically to paid efforts to stimu- of the individual members of the coalition or 1995 (2 U.S.C. 1604(c)(1)) is amended by strik- late grassroots lobbying and, within that association (and not the coalition or associa- ing ‘‘shall be rounded to the nearest $20,000’’ amount, a good faith estimate of the total tion) is the client. For purposes of section and inserting ‘‘shall be rounded to the near- amount specifically relating to paid adver- 4(a)(3), the preceding sentence shall not est $1,000’’. tising)’’; and apply, and the coalition or association shall (d) NOTIFICATION OF MEMBERS.—Section 6 (B) striking ‘‘and’’ after the semicolon; be treated as the client. of the Lobbying Disclosure Act of 1995 (2 (2) in paragraph (4), by— ‘‘(ii) EXCEPTION FOR CERTAIN TAX-EXEMPT U.S.C. 1605) is amended in paragraph (2) by (A) inserting after ‘‘total expenses’’ the ASSOCIATIONS.—In case of an association— striking ‘‘review, and, where necessary’’ and following: ‘‘(including a good faith estimate ‘‘(I) which is described in paragraph (3) of inserting ‘‘review and— of the total amount relating specifically to section 501(c) of the Internal Revenue Code

VerDate Aug 31 2005 03:45 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.058 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6608 CONGRESSIONAL RECORD — HOUSE September 14, 2006 of 1986 and exempt from tax under section ing ‘‘or a covered legislative branch offi- (f) as paragraphs (g) and (h), respectively, 501(a) of such Code, or cial,’’. and by inserting after paragraph (d) the fol- ‘‘(II) which is described in any other para- SEC. 207. PUBLIC DATABASE OF LOBBYING DIS- lowing: graph of section 501(c) of the Internal Rev- CLOSURE INFORMATION. ‘‘(e) A Member, Delegate, Resident Com- enue Code of 1986 and exempt from tax under (a) DATABASE REQUIRED.—Section 6 of the missioner, officer, or employee of the House section 501(a) of such Code and which has Lobbying Disclosure Act of 1995 (2 U.S.C. may not accept transportation or lodging on substantial exempt activities other than lob- 1605) is further amended— any trip that is planned, organized, re- bying with respect to the specific issue for (1) in paragraph (7) by striking ‘‘and’’ at quested, arranged, or financed in whole or in which it engaged the person filing the reg- the end; part by a lobbyist or agent of a foreign prin- istration statement under section 4, (2) in paragraph (8) by striking the period cipal, or in which a lobbyist participates. the association (and not its members) shall at the end and inserting ‘‘; and’’; and ‘‘(f) Before a Member, Delegate, Resident be treated as the client. (3) by adding at the end the following new Commissioner, officer, or employee of the ‘‘(iii) EXCEPTION FOR CERTAIN MEMBERS.— paragraph: House may accept transportation or lodging ‘‘(I) IN GENERAL.—Information on a mem- ‘‘(9) maintain, and make available to the otherwise permissible under this paragraph ber of a coalition or association need not be public over the Internet, without a fee or from any person, such individual shall obtain included in any registration under section 4 other access charge, in a searchable, sort- 30 days before such trip a written certifi- if the amount reasonably expected to be con- able, and downloadable manner, an elec- cation from such person (and provide a copy tributed by such member toward the activi- tronic database that— of such certification to the Committee on ties of the coalition or association of influ- ‘‘(A) includes the information contained in Standards of Official Conduct) that— encing legislation is less than $500 per any registrations and reports filed under this ‘‘(1) the trip was not planned, organized, quarterly period. Act; requested, arranged, or financed in whole, or ‘‘(II) EXCEPTION.—Subclause (I) shall not ‘‘(B) directly links the information it con- in part by a registered lobbyist or agent of a apply with respect to any member who unex- tains to the information disclosed in reports foreign principal and was not organized at pectedly makes aggregate contributions of filed with the Federal Election Commission the request of a registered lobbyist or agent more than $500 in any quarterly period, and under section 304 of the Federal Election of a foreign principal; the date the aggregate of such contributions Campaign Act of 1971 (2 U.S.C. 434); and ‘‘(2) registered lobbyists will not partici- first exceeds $500 in such period shall be ‘‘(C) is searchable and sortable to the max- pate in or attend the trip; and treated as the date of first employment or imum extent practicable, including search- ‘‘(3) the person did not accept, from any retention to make a lobbying contact for able and sortable by each of the categories of source, funds specifically earmarked for the purposes of section 4. information described in section 4(b) or purpose of financing the travel expenses. ‘‘(III) NO DONOR OR MEMBERSHIP LIST DIS- 5(b).’’. The Committee on Standards of Official Con- CLOSURE.—No disclosure is required under (b) AVAILABILITY OF REPORTS.—Section 6 of duct shall make public information received this Act if it is publicly available knowledge such Act is further amended in paragraph (4) under this paragraph as soon as possible that the organization that would be identi- by inserting before the semicolon at the end after it is received.’’. fied is affiliated with the client or has been the following: ‘‘and, in the case of a report (b) CONFORMING AMENDMENTS.—Clause publicly disclosed to have provided funding filed in electronic form pursuant to section 5(b)(3) of rule XXV of the Rules of the House to the client, unless the organization in 5(d), shall make such report available for of Representatives is amended— whole or in major part plans, supervises or public inspection over the Internet not more (1) by striking ‘‘of expenses reimbursed or controls such lobbying activities. Nothing in than 48 hours after the report is so filed’’. to be reimbursed’’; this paragraph shall be construed to require (c) AUTHORIZATION OF APPROPRIATIONS.— (2) in subdivision (E), by striking ‘‘and’’ the disclosure of any information about indi- There are authorized to be appropriated such after the semicolon; viduals who are members of, or donors to, an sums as may be necessary to carry out para- (3) in subdivision (F), by striking the pe- entity treated as a client by this Act or an graph (9) of section 6 of such Act, as added by riod and inserting ‘‘; and’’; and organization identified under this para- subsection (a). (4) by adding at the end the following: graph.’’. SEC. 208. CONFORMING AMENDMENT. ‘‘(G) a description of meetings and events ‘‘(iv) LOOK-THRU RULES.—In the case of a The requirements of this Act shall not attended during such travel, except when coalition or association which is treated as a apply to the activities of any political com- disclosure of such information is deemed by client under the first sentence of clause (i)— mittee described in section 301(4) of the Fed- the Member or supervisor under whose direct ‘‘(I) such coalition or association shall be eral Election Campaign Act of 1971. supervision the employee works to jeop- treated as employing or retaining other per- TITLE III—RESTRICTING CONGRESSIONAL ardize the safety of an individual or other- sons to conduct lobbying activities for pur- TRAVEL AND GIFTS wise interfere with the official duties of the poses of determining whether any individual SEC. 301. BAN ON GIFTS FROM LOBBYISTS. Member, Delegate, Resident Commissioner, member thereof is treated as a client under (a) IN GENERAL.—Clause 5(a)(1)(A) of rule officer, or employee.’’. clause (i), and XXV of the Rules of the House of Represent- (c) PUBLIC AVAILABILITY.—Subparagraph ‘‘(II) information on such coalition or asso- atives is amended by inserting ‘‘(i)’’ after (5) of rule XXV of the Rules of the House of ciation need not be included in any registra- ‘‘(A)’’ and adding at the end the following: Representatives is amended to read as fol- tion under section 4 of the coalition or asso- ‘‘(ii) A Member, Delegate, Resident Com- lows: ciation with respect to which it is treated as missioner, officer, or employee of the House ‘‘(e) The Clerk of the House shall make a client under clause (i).’’. may not knowingly accept a gift from a reg- available to the public all advance author- (b) EFFECTIVE DATE.— istered lobbyist or agent of a foreign prin- izations, certifications, and disclosures filed (1) IN GENERAL.—The amendments made by cipal or from a nongovernmental organiza- pursuant to subparagraphs (1) and subpara- this section shall apply to— tion that retains or employs registered lob- graph (3)(H) as soon as possible after they (A) coalitions and associations listed on byists or agents of a foreign principal except are received.’’. registration statements filed under section 4 as provided in subparagraphs (2)(B) or (3) of SEC. 304. PROHIBITION ON OBLIGATION OF of the Lobbying Disclosure Act of 1995 (2 this paragraph.’’. FUNDS FOR TRAVEL BY LEGISLA- U.S.C. 1603) after the date of the enactment (b) RULES COMMITTEE REVIEW.—The Com- TIVE AND EXECUTIVE BRANCH OFFI- of this Act, and mittee on Rules shall review the present ex- CIALS. (B) coalitions and associations for whom ceptions to the House gift rule and make rec- No Federal agency may obligate any funds any lobbying contact is made after the date ommendations to the House not later than 3 made available in an appropriation Act for a of the enactment of this Act. months after the date of enactment of this flight on a non-governmental airplane that (2) SPECIAL RULE.—In the case of any coali- Act on eliminating all but those which are is not licensed by the Federal Aviation Ad- tion or association to which the amendments absolutely necessary to effectuate the pur- ministration to operate for compensation or made by this Act apply by reason of para- pose of the rule. hire, taken as part of official duties of a graph (1)(B), the person required by such sec- SEC. 302. PROHIBITION ON PRIVATELY FUNDED United States Senator, a Member, Delegate, tion 4 to file a registration statement with TRAVEL. or Resident Commissioner of the House of respect to such coalition or association shall Clause 5(b)(1)(A) of rule XXV of the Rules Representatives, an officer or employee of file a new registration statement within 30 of the House of Representatives is amended the Senate or House of Representatives, or days after the date of the enactment of this by inserting ‘‘or from a nongovernmental or- an officer or employee of the executive Act. ganization that retains or employs reg- branch. SEC. 206. DISCLOSURE BY REGISTERED LOBBY- istered lobbyists or agents of a foreign prin- SEC. 305. PER DIEM EXPENSES FOR CONGRES- ISTS OF PAST EXECUTIVE AND CON- cipal’’ after ‘‘foreign principal’’. SIONAL TRAVEL. GRESSIONAL EMPLOYMENT. SEC. 303. PROHIBITING LOBBYIST ORGANIZA- Rule XXV of the Rules of the House of Rep- Section 4(b)(6) of the Lobbying Disclosure TION AND PARTICIPATION IN CON- resentatives (as amended by section 304(b) is Act of 1995 (2 U.S.C. 1603(b)(6)) is amended by GRESSIONAL TRAVEL. further amended by adding at the end the striking ‘‘or a covered legislative branch of- (a) IN GENERAL.—Clause 5 of rule XXV of following: ficial’’ and all that follows through ‘‘as a the Rules of the House of Representatives is ‘‘(h) Not later than 90 days after the date lobbyist on behalf of the client,’’ and insert- amended by redesignating paragraphs (e) and of adoption of this paragraph and at annual

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intervals thereafter, the Committee on this section shall be imprisoned for not more AND JOINT RESOLUTIONS CONSIDERED UNDER House Administration shall develop and re- than 5 years, or fined under title 18, United SPECIAL ORDERS OF BUSINESS.—Rule XXI of vise, as necessary, guidelines on what con- States Code, or both. the Rules of the House of Representatives is stitutes ‘reasonable expenses’ or ‘reasonable ‘‘(2) CORRUPTLY.—Whoever knowingly, amended by adding at the end the following expenditures’ for purposes of this rule. In de- wilfully, and corruptly fails to comply with new clause: veloping and revising the guidelines, the any provision of this section shall be impris- ‘‘7. For purposes of applying section 315 of committee shall take into account the max- oned for not more than 10 years, or fined the Congressional Budget and Impoundment imum per diem rates for official Government under title 18, United States Code, or both.’’. Control Act of 1974, the term ‘as reported’ travel published annually by the General SEC. 403. PENALTY FOR FALSE CERTIFICATION under such section shall be considered to in- Services Administration, the Department of IN CONNECTION WITH CONGRES- clude any bill or joint resolution considered State, and the Department of Defense.’’. SIONAL TRAVEL. in the House pursuant to a special order of TITLE IV—ENFORCEMENT OF LOBBYING (a) CIVIL FINE.— business.’’. RESTRICTIONS (1) IN GENERAL.—Whoever makes a false SEC. 502. CURBING ABUSES OF POWER. SEC. 401. OFFICE OF PUBLIC INTEGRITY. certification in connection with the travel of (a) LIMIT ON TIME PERMITTED FOR RE- a Member, officer, or employee of either (a) ESTABLISHMENT.—There is established CORDED ELECTRONIC VOTES.—Clause 2(a) of within the Office of Inspector General of the House of Congress (within the meaning given rule XX of the Rules of the House of Rep- House of Representatives an office to be those terms in section 207 of title 18, United resentatives is amended by inserting after known as the ‘‘Office of Public Integrity’’ States Code), under clause 5 of rule XXV of the second sentence the following sentence: (referred to in this section as the ‘‘Office’’), the Rules of the House of Representatives, ‘‘The maximum time for a record vote by which shall be headed by a Director of Public shall, upon proof of such offense by a prepon- electronic device shall be 20 minutes, except Integrity (hereinafter referred to as the ‘‘Di- derance of the evidence, be subject to a civil that the time may be extended with the con- rector’’). fine depending on the extent and gravity of sent of both the majority and minority floor (b) OFFICE.—The Office shall have access to the violation. managers of the legislation involved or both all lobbyists’ disclosure information received (2) MAXIMUM FINE.—The maximum fine per the majority leader and the minority lead- by the Clerk under the Lobbying Disclosure offense under this section depends on the er.’’. Act of 1995 and conduct such audits and in- number of separate trips in connection with (b) CONGRESSIONAL INTEGRITY.—Rule XXIII vestigations as are necessary to ensure com- which the person committed an offense of the Rules of the House of Representatives pliance with the Act. under this subsection, as follows: (the Code of Official Conduct) is amended— (c) REFERRAL AUTHORITY.—The Office shall (A) FIRST TRIP.—For each offense com- (1) by redesignating clause 14 as clause 16; have authority to refer violations of the Lob- mitted in connection with the first such trip, and bying Disclosure Act of 1995 to the Com- the amount of the fine shall be not more (2) by inserting after clause 13 the fol- mittee on Standards of Official Conduct and than $100,000 per offense. lowing new clauses: the Department of Justice for disciplinary (B) SECOND TRIP.—For each offense com- ‘‘14. A Member, Delegate, or Resident Com- action, as appropriate. mitted in connection with the second such missioner shall not condition the inclusion (d) DIRECTOR.— trip, the amount of the fine shall be not of language to provide funding for a district- (1) IN GENERAL.—The Director shall be ap- more than $300,000 per offense. oriented earmark, a particular project which pointed by the Inspector General of the (C) ANY OTHER TRIPS.—For each offense will be carried out in a Member’s congres- House. Any appointment made under this committed in connection with any such trip sional district, in any bill or joint resolution subsection shall be made without regard to after the second, the amount of the fine shall (or an accompanying report thereof) or in political affiliation and solely on the basis of be not more than $500,000 per offense. any conference report on a bill or joint reso- fitness to perform the duties of the position. (3) ENFORCEMENT.—The Attorney General lution (including an accompanying joint Any person appointed as Director shall be may bring an action in United States dis- statement of managers thereto) on any vote learned in the law, a member of the bar of a trict court to enforce this subsection. cast by the Member, Delegate, or Resident State or the District of Columbia, and shall (b) CRIMINAL PENALTY.— Commissioner in whose Congressional dis- not engage in any other business, vocation, (1) IN GENERAL.—Whoever knowingly and trict the project will be carried out. or employment during the term of such ap- wilfully fails to comply with any provision of ‘‘15. (a) A Member, Delegate, or Resident pointment. this section shall be imprisoned for not more Commissioner who advocates to include a (2) STAFF.—The Director shall hire such than 5 years, or fined under title 18, United district-oriented earmark in any bill or joint additional staff as are required to carry out States Code, or both. resolution (or an accompanying report) or in this section, including investigators and ac- (2) CORRUPTLY.—Whoever knowingly, any conference report on a bill or joint reso- countants. wilfully, and corruptly fails to comply with lution (including an accompanying joint (e) AUDITS AND INVESTIGATIONS.— any provision of this section shall be impris- statement of managers thereto) shall dis- (1) IN GENERAL.—The Office shall audit lob- oned for not more than 10 years, or fined close in writing to the chairman and ranking bying registrations and reports filed pursu- under title 18, United States Code, or both. member of the relevant committee (and in ant to the Lobbying Disclosure Act of 1995 to SEC. 404. MANDATORY ANNUAL ETHICS TRAIN- the case of the Committee on Appropriations determine the extent of compliance or non- ING FOR HOUSE EMPLOYEES. to the chairman and ranking member of the compliance with the requirements of such (a) ETHICS TRAINING.— full committee and of the relevant sub- Act by lobbyists and their clients. (1) IN GENERAL.—The Committee on Stand- committee)— (2) EVIDENCE OF NON-COMPLIANCE.—If in the ards of Official Conduct shall provide annual ‘‘(1) the name of the Member, Delegate, or course an audit conducted pursuant to the ethics training to each employee of the Resident Commissioner; requirements of paragraph (1), the Office ob- House which shall include knowledge of the ‘‘(2) the name and address of the intended tains information indicating that a person or Official Code of Conduct and related House recipient of such earmark; entity may be in non-compliance with the rules. ‘‘(3) the purpose of such earmark; and requirements of the Lobbying Disclosure Act (2) NEW EMPLOYEES.—A new employee of ‘‘(4) whether the Member, Delegate, or of 1995, the Office shall refer the matter to the House shall receive training under this Resident Commissioner has a financial inter- the United States Attorney for the District section not later than 60 days after begin- est in such earmark. of Columbia. ning service to the House. ‘‘(b) Each committee shall make available (f) CONFORMING AMENDMENT.—Section 8 of (b) CERTIFICATION.—Not later than January to the general public the information trans- the Lobbying Disclosure Act of 1995 (2 U.S.C. 31 of each year, each employee of the House mitted to the committee under paragraph (a) 1607) is amended by striking subsection (c). shall file a certification with the Committee for any earmark included in any measure re- (g) AUTHORIZATION OF APPROPRIATIONS.— on Standards of Official Conduct that the There are authorized to be appropriated in a ported by the committee or conference re- employee attended ethics training in the last port filed by the chairman of the committee separate account such sums as are necessary year as established by this section. to carry out this section. or any subcommittee thereof. TITLE V—OPEN GOVERNMENT ‘‘(c) The Joint Committee on Taxation SEC. 402. INCREASED CIVIL AND CRIMINAL PEN- ALTIES FOR FAILURE TO COMPLY SEC. 501. FISCAL RESPONSIBILITY. shall review any revenue measure or any rec- WITH LOBBYING DISCLOSURE RE- (a) RECONCILIATION.—Clause 10 of rule onciliation bill or joint resolution which in- QUIREMENTS. XVIII of the Rules of the House of Represent- cludes revenue provisions before it is re- Section 7 of the Lobbying Disclosure Act of atives is amended by adding at the end the ported by a committee and before it is filed 1995 (2 U.S.C. 1606) is amended— following new paragraph: by a committee of conference of the two (1) by inserting ‘‘ (a) CIVIL PENALTY.—’’ be- ‘‘(d) It shall not be in order to consider any Houses, and shall identify whether such bill fore ‘‘Whoever’’; reconciliation legislation which has the net or joint resolution contains any limited tax (2) by striking ‘‘$50,000’’ and inserting effect of reducing the surplus or increasing benefits. The Joint Committee on Taxation ‘‘$100,000’’; and the deficit compared to the most recent Con- shall prepare a statement identifying any (3) by adding at the end the following: gressional Budget Office estimate for any fis- such limited tax benefits, stating who the ‘‘(b) CRIMINAL PENALTY.— cal year.’’. beneficiaries are of such benefits, and any ‘‘(1) IN GENERAL.—Whoever knowingly and (b) APPLICATION OF POINTS OF ORDER UNDER substantially similar introduced measures wilfully fails to comply with any provision of CONGRESSIONAL BUDGET ACT TO ALL BILLS and the sponsors of such measures. Any such

VerDate Aug 31 2005 03:45 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.059 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6610 CONGRESSIONAL RECORD — HOUSE September 14, 2006 statement shall be made available to the (C) by adding at the end the following new (4) has not, within the 2-year period ending general public by the Joint Committee on subparagraph: on the date of such individual’s nomination Taxation.’’. ‘‘(7) a rule or order that waives clause 8 of for or appointment to such position, been a (c) RESTRICTIONS ON REPORTING CERTAIN rule XIII or clause 8(a)(1)(B) of rule XXII, un- lobbyist for any entity or other client that is RULES.—Clause 6(c) of rule XIII of the Rules less a question of consideration of the rule is subject to the authority of the agency within of the House of Representatives is amended— adopted by a vote of two-thirds of the Mem- which, if appointed, such individual would (1) by striking ‘‘or’’ at the end of subpara- bers voting, a quorum being present.’’. serve. graph (1); (b) CONFERENCE REPORTS.—Clause 8(a)(1)(B) (c) POLITICAL APPOINTEE.—For purposes of (2) by striking the period at the end of sub- of rule XXII of the Rules of the House of this section, the term ‘‘political appointee’’ paragraph (2) and inserting a semicolon; and Representatives is amended by striking ‘‘2 means any individual who— (3) by adding at the end the following new hours’’ and inserting ‘‘24 hours or, in the (1) is employed in a position listed in sec- subparagraphs: case of a conference report containing a dis- tions 5312 through 5316 of title 5, United ‘‘(3) a rule or order for consideration of a trict-oriented earmark or limited tax ben- States Code (relating to the Executive bill or joint resolution reported by a com- efit, until 3 days after’’. Schedule); (2) is a limited term appointee, limited mittee that makes in order as original text SEC. 505. FULL AND OPEN DEBATE IN CON- for purposes of amendment, text which dif- FERENCE. emergency appointee, or noncareer ap- fers from such bill or joint resolution as rec- (a) NUMBERED AMENDMENTS.—Clause 1 of pointee in the Senior Executive Service; or ommended by such committee to be amended rule XXII of the Rules of the House of Rep- (3) is employed in the executive branch of unless the rule or order also makes in order resentatives is amended by adding at the end the Government in a position which has been as preferential a motion to amend that is the following new sentence: ‘‘A motion to re- excepted from the competitive service by neither divisible nor amendable but, if quest or agree to a conference on a general reason of its policy-determining, policy- adopted will be considered original text for appropriation bill is in order only if the making, or policy-advocating character. (d) PUBLIC SAFETY POSITION.—For purposes purposes of amendment, if requested by the House expresses its disagreements with the of this section, the term ‘‘public safety posi- chairman or ranking minority member of House in the form of numbered amend- tion’’ means— the reporting committee, and such rule or ments.’’. (1) the Under Secretary for Emergency order shall waive all necessary points of (b) PROMOTING OPENNESS IN DELIBERATIONS Preparedness and Response, Department of order against that amendment only if it re- OF MANAGERS.—Clause 12(a) of rule XXII of Homeland Security; stores all or part of the text of the bill or the Rules of the House of Representatives is (2) the Director of the Federal Emergency joint resolution as recommended by such amended by adding at the end the following Management Agency, Department of Home- committee or strikes some or all of the new subparagraph: land Security; original text inserted by the Committee on ‘‘(3) All provisions on which the two (3) each regional director of the Federal Rules that was not contained in the rec- Houses disagree shall be open to discussion Emergency Management Agency, Depart- ommended version; at any meeting of a conference committee. ment of Homeland Security; ‘‘(4) a rule or order that waives any points The text which reflects the conferees’ action (4) the Recovery Division Director of the of order against consideration of a bill or on all of the differences between the two Federal Emergency Management Agency, joint resolution, against provisions in the Houses, including all matter to be included Department of Homeland Security; measure, or against consideration of amend- in the conference report and any amend- (5) the Assistant Secretary for Immigra- ments recommended by the reporting com- ments in disagreement, shall be available to tion and Customs Enforcement, Department mittee unless the rule or order makes in any of the managers at least one such meet- of Homeland Security; order and waives the same points of order ing, and shall be approved by a recorded vote (6) the Assistant Secretary for Public against one germane amendment if re- of a majority of the House managers. Such Health Emergency Preparedness, Depart- quested by the minority leader or a designee; text and, with respect to such vote, the total ment of Health and Human Services; ‘‘(5) a rule or order that waives clause 10(d) number of votes cast for and against, and the (7) the Assistant Administrator for Solid of rule XVIII, unless the majority leader and names of members voting for and against, Waste and Emergency Response, Environ- minority leader each agree to the waiver and shall be included in the joint explanatory mental Protection Agency; and a question of consideration of the rule is statement of managers accompanying the (8) any position (not otherwise identified adopted by a vote of two-thirds of the Mem- conference report of such conference com- under any of the preceding provisions of this bers voting, a quorum being present; or mittee.’’. subsection) a primary function of which in- ‘‘(6) a rule or order that waives clause 12(a) (c) POINT OF ORDER AGAINST CONSIDERATION volves responding to a direct threat to life or of rule XXII.’’. OF CONFERENCE REPORT NOT REFLECTING property or a hazard to health, as identified RESOLUTION OF DIFFERENCES AS APPROVED.— SEC. 503. ENDING 2-DAY WORK WEEKS. by the head of each employing agency in (1) IN GENERAL.—Rule XXII of the Rules of Rule XV of the Rules of the House of Rep- consultation with the Office of Personnel the House of Representatives is amended by resentatives is amended by adding at the end Management. the following new clause: adding at the end the following new clause: Beginning not later than 30 days after the ‘‘8. It shall not be in order to consider a ‘‘13. It shall not be in order to consider a date of the enactment of this Act, the head resolution providing for adjournment sine conference report the text of which differs in of each agency shall maintain on such agen- die unless, during at least 20 weeks of the any material way from the text which re- cy’s public website a current list of all public session, a quorum call or recorded vote was flects the conferees’ action on all of the dif- ferences between the two Houses, as ap- safety positions within such agency. taken on at least 4 of the weekdays (exclud- (e) COORDINATION WITH OTHER REQUIRE- proved by a recorded vote of a majority of ing legal public holidays).’’. MENTS.—The requirements set forth in sub- the House managers as required under clause SEC. 504. KNOWING WHAT THE HOUSE IS VOTING section (b) shall be in addition to, and not in 12(a).’’. ON. lieu of, any requirements that might other- (a) BILLS AND JOINT RESOLUTIONS.— (2) PROHIBITING WAIVER.—Clause 6(c)(6) of wise apply with respect to any particular po- (1) IN GENERAL.—Rule XIII of the Rules of rule XIII of the Rules of the House of Rep- sition. the House of Representatives is amended by resentatives, as added by section 3(c)(3), is (f) DEFINITIONS.—For purposes of this sec- adding at the end the following new clause: further amended by striking ‘‘clause 12(a)’’ tion— ‘‘8. Except for motions to suspend the rules and inserting ‘‘clause 12(a) or clause 13’’. (1) the term ‘‘agency’’ means an Executive and consider legislation, it shall not be in TITLE VI—ANTI-CRONYISM AND PUBLIC agency (as defined by section 105 of title 5, order to consider in the House a bill or joint SAFETY United States Code); resolution until 24 hours after or, in the case SEC. 601. MINIMUM REQUIREMENTS FOR POLIT- (2) the terms ‘‘limited term appointee’’, of a bill or joint resolution containing a dis- ICAL APPOINTEES HOLDING PUBLIC ‘‘limited emergency appointee’’, and ‘‘non- trict-oriented earmark or limited tax ben- SAFETY POSITIONS. career appointee’’ have the respective mean- efit, until 3 days after copies of such bill or (a) IN GENERAL.—A public safety position ings given them by section 3132 of such title joint resolution (and, if the bill or joint reso- may not be held by any political appointee 5; lution is reported, copies of the accom- who does not meet the requirements of sub- (3) the term ‘‘Senior Executive Service’’ panying report) are available (excluding Sat- section (b). has the meaning given such term by section urdays, Sundays, or legal holidays except (b) MINIMUM REQUIREMENTS.—An individual 2101a of such title 5; when the House is in session on such a shall not, with respect to any position, be (4) the term ‘‘competitive service’’ has the day).’’. considered to meet the requirements of this meaning given such term by section 2102 of (2) PROHIBITING WAIVER.—Clause 6(c) of rule subsection unless such individual— such title 5; and XIII of the Rules of the House of Representa- (1) has academic, management, and leader- (5) the terms ‘‘lobbyist’’ and ‘‘client’’ have tives, as amended by section 3(a), is further ship credentials in one or more areas rel- the respective meanings given them by sec- amended— evant to such position; tion 3 of the Lobbying Disclosure Act of 1995 (A) by striking ‘‘or’’ at the end of subpara- (2) has a superior record of achievement in (2 U.S.C. 1602). graph (5); one or more areas relevant to such position; SEC. 602. EFFECTIVE DATE. (B) by striking the period at the end of (3) has training and expertise in one or This title shall apply with respect to any subparagraph (6) and inserting ‘‘; or’’; and more areas relevant to such position; and appointment made after the end of the 30-

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day period beginning on the date of the en- SEC. 703. COMPETITION IN MULTIPLE AWARD ‘‘(d) APPLICABILITY.—The revisions to the actment of this Act. CONTRACTS. Federal Acquisition Regulation pursuant to Title III of the Federal Property and Ad- TITLE VII—ZERO TOLERANCE FOR subsection (a) shall take effect not later ministrative Services Act of 1949 (41 U.S.C. CONTRACT CHEATERS than 180 days after the date of the enactment 251 et seq.) is amended by inserting after sec- of this section and shall apply to all indi- SEC. 701. PUBLIC AVAILABILITY OF FEDERAL tion 303M the following new section: vidual purchases of goods or services that CONTRACT AWARDS. ‘‘SEC. 303N. COMPETITION IN MULTIPLE AWARD are made under multiple award contracts on (a) AMENDMENT.—The Office of Federal CONTRACTS. or after the effective date, without regard to Procurement Policy Act (41 U.S.C. 403 et ‘‘(a) REGULATIONS REQUIRED.—Not later whether the multiple award contracts were seq.) is amended by inserting after section 19 than 180 days after the date of the enactment entered into before, on, or after such effec- the following new section: of this section, the Federal Acquisition Reg- tive date.’’. ‘‘SEC. 19A. PUBLIC AVAILABILITY OF CONTRACT ulation shall be revised to require competi- SEC. 704. SUSPENSION AND DEBARMENT OF UN- AWARD INFORMATION. tion in the purchase of goods and services by ETHICAL CONTRACTORS. each executive agency pursuant to multiple ‘‘Not later than 14 days after the award of (a) CIVILIAN AGENCY CONTRACTORS.—Title award contracts. a contract by an executive agency, the head III of the Federal Property and Administra- of the executive agency shall make publicly ‘‘(b) CONTENT OF REGULATIONS.—(1) The regulations required by subsection (a) shall tive Services Act of 1949 (41 U.S.C. 251 et available, including by posting on the Inter- seq.) is amended by inserting after section net in a searchable database, the following provide, at a minimum, that each individual purchase of goods or services in excess of 303N, as added by section 703, the following information with respect to the contract: new section: ‘‘(1) The name and address of the con- $100,000 that is made under a multiple award contract shall be made on a competitive ‘‘SEC. 303O. SUSPENSION AND DEBARMENT OF tractor. UNETHICAL CONTRACTORS. ‘‘(2) The date of award of the contract. basis unless a contracting officer of the exec- utive agency— ‘‘(a) IN GENERAL.—No prospective con- ‘‘(3) The number of offers received in re- ‘‘(A) waives the requirement on the basis tractor may be awarded a contract with an sponse to the solicitation. of a determination that— agency unless the contracting officer for the ‘‘(4) The total amount of the contract. ‘‘(i) one of the circumstances described in contract determines that such prospective ‘‘(5) The contract type. paragraphs (1) through (4) of section 303J(b) contractor has a satisfactory record of integ- ‘‘(6) The items, quantities, and any stated applies to such individual purchase; or rity and business ethics. unit price of items or services to be procured ‘‘(ii) a statute expressly authorizes or re- ‘‘(b) DEFINITION.—No prospective con- under the contract. quires that the purchase be made from a tractor shall be considered to have a satis- ‘‘(7) With respect to a procurement carried specified source; and factory record of integrity and business eth- out using procedures other than competitive ‘‘(B) justifies the determination in writing. ics if it— procedures— ‘‘(2) For purposes of this subsection, an in- ‘‘(1) has exhibited a pattern of over- ‘‘(A) the authority for using such proce- dividual purchase of goods or services is charging the Government under Federal con- dures under section 303(c) of title III of the made on a competitive basis only if it is tracts; Federal Property and Administrative Serv- made pursuant to procedures that— ‘‘(2) has exhibited a pattern of failing to ices Act of 1949 (41 U.S.C. 253(c)) or section ‘‘(A) require fair notice of the intent to comply with the law, including tax, labor 2304(c) of title 10, United States Code; and make that purchase (including a description and employment, environmental, antitrust, ‘‘(B) the number of sources from which bids of the work to be performed and the basis on and consumer protection laws; or or proposals were solicited. which the selection will be made) to be pro- ‘‘(3) has an outstanding debt with a Fed- ‘‘(8) The general reasons for selecting the vided to all contractors offering such goods eral agency in a delinquent status.’’ contractor.’’. or services under the multiple award con- (b) CONFORMING AMENDMENT.—The table of (b) CLERICAL AMENDMENT.—The table of tract; and sections at the beginning of such Act is contents contained in section 1(b) of such ‘‘(B) afford all contractors responding to amended by inserting after the item relating Act is amended by inserting after the item the notice a fair opportunity to make an to section 303N, as added by section 703, the relating to section 19 the following new item: offer and have that offer fairly considered by following new item: ‘‘Sec. 19A. Public availability of contract the official making the purchase. ‘‘Sec. 303O. Suspension and debarment of un- award information.’’. ‘‘(3) Notwithstanding paragraph (2), notice ethical contractors.’’. (c) EFFECTIVE DATE.—The amendments may be provided to fewer than all contrac- SEC. 705. CRIMINAL SANCTIONS FOR CHEATING made by this Act shall apply to contracts en- tors offering such goods or services under a TAXPAYERS AND WARTIME FRAUD. tered into more than 90 days after the date multiple award contract described in sub- (a) PROHIBITION.— of the enactment of this Act. section (c)(2)(A) if notice is provided to as (1) IN GENERAL.—Chapter 47 of title 18, many contractors as practicable. United States Code, is amended by adding at SEC. 702. PROHIBITION ON AWARD OF MONOP- ‘‘(4) A purchase may not be made pursuant the end the following: OLY CONTRACTS. to a notice that is provided to fewer than all (a) Paragraph (3) of section 303H(d) of title ‘‘§ 1039. Criminal sanctions for cheating tax- contractors under paragraph (3) unless— payers and wartime fraud III of the Federal Property and Administra- ‘‘(A) offers were received from at least ‘‘(a) PROHIBITION.— tive Services Act of 1949 (41 U.S.C. 253h(d)) is three qualified contractors; or ‘‘(1) IN GENERAL.—Whoever, in any matter amended to read as follows: ‘‘(B) a contracting officer of the executive involving a Federal contract for the provi- ‘‘(3)(A) The regulations implementing this agency determines in writing that no addi- sion of goods or services, knowingly and will- subsection shall prohibit the award of mo- tional qualified contractors were able to be fully— nopoly contracts. identified despite reasonable efforts to do so. ‘‘(B) In this subsection, the term ‘monop- ‘‘(5) For purposes of paragraph (2), fair no- ‘‘(A) executes or attempts to execute a oly contract’ means a task or delivery order tice means notice of intent to make a pur- scheme or artifice to defraud the United contract in an amount estimated to exceed chase under a multiple award contract post- States; $10,000,000 (including all options) awarded to ed, at least 14 days before the purchase is ‘‘(B) falsifies, conceals, or covers up by any a single contractor. made, on the website maintained by the Gen- trick, scheme, or device a material fact; ‘‘(C) Notwithstanding subparagraph (A), a eral Services Administration known as ‘‘(C) makes any materially false, fictitious, monopoly contract may be awarded if the FedBizOpps.gov (or any successor site). or fraudulent statements or representations, head of the agency determines in writing ‘‘(c) DEFINITIONS.—In this section: or makes or uses any materially false writ- that— ‘‘(1) The term ‘individual purchase’ means ing or document knowing the same to con- ‘‘(i) for one of the reasons set forth in sec- a task order, delivery order, or other pur- tain any materially false, fictitious, or tion 303(c), a single task or delivery order chase. fraudulent statement or entry; or contract is in the best interest of the Federal ‘‘(2) The term ‘multiple award contract’ ‘‘(D) materially overvalues any good or Government; or means— service with the specific intent to exces- ‘‘(ii) the task orders expected under the ‘‘(A) a contract that is entered into by the sively profit from war, military action, or re- contract are so integrally related that only a Administrator of General Services under the lief or reconstruction activities; single contractor can reasonably perform the multiple award schedule program referred to shall be fined under paragraph (2), impris- work.’’. in section 309(b)(3); oned not more than 10 years, or both. (b) Section 303H(d)(1) of such Act is amend- ‘‘(B) a multiple award task order contract ‘‘(2) FINE.—A person convicted of an of- ed by striking ‘‘The head’’ and inserting that is entered into under the authority of fense under paragraph (1) may be fined the ‘‘Subject to paragraph (3), the head’’. sections 2304a through 2304d of title 10, greater of— (c) Subsection (e) of section 303I of such United States Code, or sections 303H through ‘‘(A) $1,000,000; or Act (41 United States Code 253i) is amended 303K; and ‘‘(B) if such person derives profits or other to read as follows: ‘‘(C) any other indefinite delivery, indefi- proceeds from the offense, not more than ‘‘(e) MULTIPLE AWARDS.—Section 303H(d) nite quantity contract that is entered into twice the gross profits or other proceeds. applies to a task or delivery order contract by the head of an executive agency with two ‘‘(b) EXTRATERRITORIAL JURISDICTION.— for the procurement of advisory and assist- or more sources pursuant to the same solici- There is extraterritorial Federal jurisdiction ance services under this section.’’. tation. over an offense under this section.

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‘‘(c) VENUE.—A prosecution for an offense tract for the performance of a function relat- (b) PROHIBITION ON AWARD OF GOVERNMENT under this section may be brought— ing to contract oversight regardless of CONTRACTS TO FORMER EMPLOYERS.—Section ‘‘(1) as authorized by chapter 211 of this whether such contract was entered into be- 27 of such Act (41 U.S.C. 423) is amended by title; fore, on, or after the date of enactment of adding at the end the following new sub- ‘‘(2) in any district where any act in fur- this Act. section: therance of the offense took place; or SEC. 707. DISCLOSURE OF GOVERNMENT CON- ‘‘(i) PROHIBITION ON INVOLVEMENT BY CER- ‘‘(3) in any district where any party to the TRACTOR OVERCHARGES. TAIN FORMER CONTRACTOR EMPLOYEES IN contract or provider of goods or services is (a) QUARTERLY REPORT TO CONGRESS.— PROCUREMENTS.—A former employee of a located.’’. (1) The head of each Federal agency or de- contractor who becomes an employee of the (2) TABLE OF SECTIONS.—The table of sec- partment shall submit to the chairman and Federal government shall not be personally tions for chapter 47 of title 18, United States ranking member of each committee de- and substantially involved with any Federal Code, is amended by adding at the end the scribed in paragraph (2) on a quarterly basis agency procurement involving the employ- following: a report that includes the following: ee’s former employer, including any division, (A) A list of audits or other reports issued affiliate, subsidiary, parent, joint venture, or ‘‘1039. Criminal Sanctions for Cheating Tax- other related entity of the former employer, payers and Wartime Fraud.’’. during the applicable quarter that describe contractor costs in excess of $1,000,000 that for a period of two years beginning on the (d) CIVIL FORFEITURE.—Section 981(a)(1)(C) have been identified as unjustified, unsup- date on which the employee leaves the em- of title 18, United States Code, is amended by ported, questioned, or unreasonable under ployment of the contractor.’’. inserting ‘‘1039,’’ after ‘‘1032,’’. (c) REQUIREMENT FOR FEDERAL PROCURE- any contract, task or delivery order, or sub- (e) CRIMINAL FORFEITURE.—Section MENT OFFICERS TO DISCLOSE JOB OFFERS contract. 982(a)(2)(B) of title 18, United States Code, is MADE TO RELATIVES.—Section 27(c)(1) of such (B) The specific amounts of costs identified amended by striking ‘‘or 1030’’ and inserting Act (41 U.S.C. 423(c)(1)) is amended by insert- as unjustified, unsupported, questioned, or ‘‘1030, or 1039’’. ing after ‘‘that official’’ the following: ‘‘or unreasonable and the percentage of their (f) MONEY LAUNDERING.—Section for a relative of that official (as defined in 1956(c)(7)(D) of title 18, United States Code, is total value of the contract, task or delivery section 3110 of title 5, United States Code),’’. amended by inserting the following: ‘‘, sec- order, or subcontract. (d) ADDITIONAL CRIMINAL PENALTIES.— tion 1039 (relating to Criminal Sanctions for (C) A list of audits or other reports issued Paragraph (1) of section 27(e) of such Act (41 Cheating Taxpayers and Wartime Fraud,’’ during the applicable quarter that identify U.S.C. (e)(1)) is amended to read as follows: after ‘‘liquidating agent of financial institu- significant or substantial deficiencies in any ‘‘(1) CRIMINAL PENALTIES.—Whoever en- tion),’’. business system of any contractor under any gages in conduct constituting a violation contract, task or delivery order, or sub- SEC. 706. PROHIBITION ON CONTRACTOR CON- of— FLICTS OF INTEREST. contract. ‘‘(A) subsection (a) or (b) for the purpose of (2) The report described in paragraph (1) (a) PROHIBITION.—An agency may not enter either— into a contract for the performance of a shall be submitted to the Committee on Gov- ‘‘(i) exchanging the information covered by function relating to contract oversight with ernment Reform of the House of Representa- such subsection for anything of value, or any contractor with a conflict of interest. tives, the Committee on Homeland Security ‘‘(ii) obtaining or giving anyone a competi- and Governmental Affairs of the Senate, and (b) DEFINITIONS.—In this section: tive advantage in the award of a Federal (1) The term ‘‘function relating to contract other committees of jurisdiction. agency procurement contract; or (b) SUBMISSION OF INDIVIDUAL AUDITS.—The oversight’’ includes the following specific ‘‘(B) subsection (c) or (d); head of each Federal agency or department functions: shall provide, within 14 days after a request shall be imprisoned for not more than 5 (A) Evaluation of a contractor’s perform- in writing by the chairman or ranking mem- years or fined as provided under title 18, ance. ber of any of the committees described in United States Code, or both.’’. (B) Evaluation of contract proposals. subsection (a)(2), a full and unredacted copy (e) REGULATIONS.—Section 27 of such Act (C) Development of statements of work. of any audit or other report described in sub- (41 U.S.C. 423) is further amended by adding (D) Services in support of acquisition plan- section (a)(1). at the end of the following new subsection: ning. ‘‘(j) REGULATIONS.—The Director of the Of- SEC. 708. PENALTIES FOR IMPROPER SOLE- fice of Government Ethics, in consultation (E) Contract management. SOURCE CONTRACTING PROCE- (2) The term ‘‘conflict of interest’’ includes DURES. with the Administrator, shall— cases in which the contractor performing the Section 303 of the Federal Property and ‘‘(1) promulgate regulations to carry out function relating to contract oversight, or Administrative Services Act (41 U.S.C. 253) is and ensure the enforcement of this section; any related entity— amended— and (A) is performing all or some of the work (1) by redesignating subsections (g), (h), ‘‘(2) monitor and investigate individual and to be overseen; and (i) as subsections (h), (i), and (j), respec- agency compliance with this section.’’. (B) has a separate ongoing business rela- tively; and TITLE VIII—PRESIDENTIAL LIBRARIES tionship, such as a joint venture or contract, (2) by inserting after subsection (f) the fol- SEC. 801. PRESIDENTIAL LIBRARIES. with any of the contractors to be overseen; lowing new subsection: (a) IN GENERAL.—Section 2112 of title 44, (C) would be placed in a position to affect ‘‘(g) Any official who knowingly and inten- United States Code, is amended by adding at the value or performance of work it or any tionally violates Federal procurement law in the end the following new subsection: related entity is doing under any other Gov- the preparation or certification of a jus- ‘‘(h)(1) Any organization that is estab- ernment contract; tification for a sole-source contract, in the lished for the purpose of raising funds for (D) has a reverse role with the contractor award of a sole-source contract, or in direct- creating, maintaining, expanding, or con- to be overseen under one or more separate ing or participating in the award of a sole- ducting activities at a Presidential archival Government contracts; and source contract, shall be subject to adminis- depository or any facilities relating to a (E) has some other relationship with the trative sanctions up to and including termi- Presidential archival depository, shall sub- contractor to be overseen that could reason- nation of employment.’’. mit to the Administration, the Committee ably appear to bias the contractor’s judg- SEC. 709. STOPPING THE REVOLVING DOOR. on Government Reform of the House of Rep- ment. (a) ELIMINATION OF LOOPHOLES THAT ALLOW resentatives, and the Committee on Govern- (3) The term ‘‘related entity’’, with respect FORMER FEDERAL OFFICIALS TO ACCEPT COM- mental Affairs of the Senate on a quarterly to a contractor, means any subsidiary, par- PENSATION FROM CONTRACTORS OR RELATED basis, by not later than the applicable date ent, affiliate, joint venture, or other entity ENTITIES.— specified in paragraph (2), information with related to the contractor. (1) Paragraph (1) of section 27(d) of the Of- respect to every contributor who, during the (c) CONTRACTS RELATING TO INHERENTLY fice of Federal Procurement Policy Act (41 designated period— GOVERNMENTAL FUNCTIONS.—An agency may U.S.C. 423(d)(1)) is amended— ‘‘(A) with respect to a Presidential archi- not enter into a contract for the perform- (A) by striking ‘‘or consultant’’ and insert- val depository of a President who currently ance of inherently governmental functions ing ‘‘consultant, lawyer, or lobbyist’’; holds the Office of President or for which the for contract oversight (as described in sub- (B) by striking ‘‘one year’’ and inserting Archivist has not accepted, taken title to, or part 7.5 of part 7 of the Federal Acquisition ‘‘two years’’; and entered into an agreement to use any land or Regulation). (C) in subparagraph (C), by striking ‘‘per- facility, gave the organization a contribu- (d) EFFECTIVE DATE AND APPLICABILITY.— sonally made for the Federal agency—’’ and tion or contributions (whether monetary or This section shall take effect on the date of inserting ‘‘participated personally and sub- in-kind) totaling $100 or more for the quar- enactment of this Act and shall apply to— stantially in—’’. terly period; or (1) contracts entered into on or after such (2) Paragraph (2) of section 27(d) of such ‘‘(B) with respect to a Presidential archival date; Act (41 U.S.C. 423(d)(2)) is amended to read as depository of a President who no longer (2) any task or delivery order issued on or follows: holds the Office of President and for which after such date under a contract entered into ‘‘(2) For purposes of paragraph (1), the the Archivist has accepted, taken title to, or before, on, or after such date; and term ‘contractor’ includes any division, affil- entered into an agreement to use any land or (3) any decision on or after such date to ex- iate, subsidiary, parent, joint venture, or facility, gave the organization a contribu- ercise an option or otherwise extend a con- other related entity of the contractor.’’. tion or contributions (whether monetary or

VerDate Aug 31 2005 03:45 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.059 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6613 in-kind) totaling $100 or more for the quar- TITLE IX—FORFEITURE OF RETIREMENT ‘‘(l)(1) Notwithstanding any other provi- terly period. BENEFITS sion of this chapter, the service of an indi- ‘‘(2) For purposes of paragraph (1), the ap- SEC. 901. LOSS OF PENSIONS ACCRUED DURING vidual finally convicted of an offense de- plicable date— SERVICE AS A MEMBER OF CON- scribed in paragraph (2) shall not be taken ‘‘(A) with respect to information required GRESS FOR ABUSING THE PUBLIC into account for purposes of this chapter, ex- under paragraph (1)(A), shall be April 15, TRUST. cept that this sentence applies only to serv- July 15, October 15, and January 15 of each (a) CIVIL SERVICE RETIREMENT SYSTEM.— ice rendered as a Member (irrespective of year and of the following year as applicable Section 8332 of title 5, United States Code, is when rendered). Any such individual (or to the fourth quarterly filing; and amended by adding at the end the following: other person determined under section ‘‘(B) with respect to information required ‘‘(o)(1) Notwithstanding any other provi- 8424(d), if applicable) shall be entitled to be under paragraph (1)(B), shall be April 15, sion of this subchapter, the service of an in- paid so much of such individual’s lump-sum dividual finally convicted of an offense de- July 15, October 15, and January 15 of each credit as is attributable to service to which scribed in paragraph (2) shall not be taken year and of the following year as applicable the preceding sentence applies. into account for purposes of this subchapter, to the fourth quarterly filing. ‘‘(2) An offense described in this paragraph except that this sentence applies only to ‘‘(3) As used in this subsection, the term is any offense described in section service rendered as a Member (irrespective of ‘information’ means the following: 8332(o)(2)(B) for which the following apply: ‘‘(A) The amount or value of each contribu- when rendered). Any such individual (or other person determined under section ‘‘(A) Every act or omission of the indi- tion made by a contributor referred to in vidual (referred to in paragraph (1)) that is paragraph (1) in the quarter covered by the 8342(c), if applicable) shall be entitled to be paid so much of such individual’s lump-sum needed to satisfy the elements of the offense submission. occurs while the individual is a Member. ‘‘(B) The source of each such contribution, credit as is attributable to service to which the preceding sentence applies. ‘‘(B) Every act or omission of the indi- and the address of the entity or individual ‘‘(2)(A) An offense described in this para- vidual that is needed to satisfy the elements that is the source of the contribution. graph is any offense described in subpara- of the offense directly relates to the per- ‘‘(C) If the source of such a contribution is graph (B) for which the following apply: formance of the individual’s official duties as an individual, the occupation of the indi- ‘‘(i) Every act or omission of the individual a Member. vidual. (referred to in paragraph (1)) that is needed ‘‘(C) The offense is committed after the ‘‘(D) The date of each such contribution. to satisfy the elements of the offense occurs date of enactment of this subsection. ‘‘(4) The Archivist shall make available to while the individual is a Member. ‘‘(3) An individual finally convicted of an the public through the Internet (or a suc- ‘‘(ii) Every act or omission of the indi- offense described in paragraph (2) shall not, cessor technology readily available to the vidual that is needed to satisfy the elements after the date of the conviction, be eligible public) as soon as is practicable after each of the offense directly relates to the per- to participate in the retirement system quarterly filing any information that is sub- under this chapter while serving as a Mem- mitted in accordance with paragraph (1). formance of the individual’s official duties as ber. ‘‘(5)(A) It shall be unlawful for any person a Member. who makes a contribution described in para- ‘‘(iii) The offense is committed after the ‘‘(4) The Office of Personnel Management graph (1) to knowingly and willfully submit date of enactment of this subsection. shall prescribe any regulations necessary to false material information or omit material ‘‘(B) An offense described in this subpara- carry out this subsection. Such regulations information with respect to the contribution graph is only the following, and only to the shall include— to an organization described in such para- extent that the offense is a felony under title ‘‘(A) provisions under which interest on graph. 18: any lump-sum payment under the second ‘‘(B) The penalties described in section 1001 ‘‘(i) An offense under section 201 of title 18 sentence of paragraph (1) shall be limited in of title 18, United States Code, shall apply (bribery of public officials and witnesses). a manner similar to that specified in the last with respect to a violation of subparagraph ‘‘(ii) An offense under section 219 of title 18 sentence of section 8316(b); and (A) in the same manner as a violation de- (officers and employees acting as agents of ‘‘(B) provisions under which the Office may scribed in such section. foreign principals). provide for— ‘‘(6)(A) It shall be unlawful for any organi- ‘‘(iii) An offense under section 371 of title ‘‘(i) the payment, to the spouse or children zation described in paragraph (1) to know- 18 (conspiracy to commit offense or to de- of any individual referred to in the first sen- ingly and willfully submit false material in- fraud United States) to the extent of any tence of paragraph (1), of any amounts which formation or omit material information conspiracy to commit an act which con- (but for this clause) would otherwise have under such paragraph. stitutes an offense under clause (i) or (ii). been nonpayable by reason of such first sen- ‘‘(B) The penalties described in section 1001 ‘‘(3) An individual convicted of an offense tence, but only to the extent that the appli- of title 18, United States Code, shall apply described in paragraph (2) shall not, after the cation of this clause is considered necessary with respect to a violation of subparagraph date of the final conviction, be eligible to given the totality of the circumstances; and (A) in the same manner as a violation de- participate in the retirement system under ‘‘(ii) an appropriate adjustment in the scribed in such section. this subchapter or chapter 84 while serving amount of any lump-sum payment under the ‘‘(7)(A) It shall be unlawful for a person to as a Member. second sentence of paragraph (1) to reflect knowingly and willfully— ‘‘(4) The Office of Personnel Management the application of clause (i). ‘‘(i) make a contribution described in para- shall prescribe any regulations necessary to ‘‘(5) For purposes of this subsection— graph (1) in the name of another person; carry out this subsection. Such regulations ‘‘(A) the term ‘Member’ has the meaning ‘‘(ii) permit his or her name to be used to shall include— given such term by section 2106, notwith- effect a contribution described in paragraph ‘‘(A) provisions under which interest on standing section 8401(20); and (1); or any lump-sum payment under the second ‘‘(B) the term ‘child’ has the meaning ‘‘(iii) accept a contribution described in sentence of paragraph (1) shall be limited in given such term by section 8341.’’. paragraph (1) that is made by one person in a manner similar to that specified in the last sentence of section 8316(b); and the name of another person. SUMMARY OF AMENDMENTS SUBMITTED TO THE ‘‘(B) The penalties set forth in section ‘‘(B) provisions under which the Office may RULES COMMITTEE FOR H. RES. 1000—PRO- 309(d) of the Federal Election Campaign Act provide for— VIDING FOR EARMARKING REFORM IN THE of 1971 (2 U.S.C. 437g(d)) shall apply to a vio- ‘‘(i) the payment, to the spouse or children HOUSE OF REPRESENTATIVES lation of subparagraph (A) in the same man- of any individual referred to in the first sen- ner as if such violation were a violation of tence of paragraph (1), of any amounts which Emanuel (IL)—1. Establishes a new point section 316(b)(3) of such Act. (but for this clause) would otherwise have of order against any reported bill or con- ‘‘(8) The Archivist shall promulgate regula- been nonpayable by reason of such first sen- ference report which contains an earmark tions for the purpose of carrying out this tence, but only to the extent that the appli- that would: personally benefit a Member, subsection.’’. cation of this clause is considered necessary Member’s spouse, or immediate family mem- (b) APPLICABILITY.—Section 2112(h) of title given the totality of the circumstances; and ber; benefit a registered lobbyist or former 44, United States Code (as added by sub- ‘‘(ii) an appropriate adjustment in the registered lobbyist who serves as chairman section (a))— amount of any lump-sum payment under the of the leadership political action committee (1) shall apply to an organization estab- second sentence of paragraph (1) to reflect of the Member requesting the earmark; ben- lished for the purpose of raising funds for the application of clause (i). efit any entity that employs the spouse or creating, maintaining, expanding, or con- ‘‘(5) For purposes of this subsection— immediate family member of the earmark’s ducting activities at a Presidential archival ‘‘(A) the term ‘Member’ has the meaning sponsor; benefits any entity that employs or depository or any facilities relating to a given such term by section 2106, notwith- is represented by a former employee of the Presidential archival depository before, on standing section 8331(2); and earmark’s sponsor, or is represented by a or after the date of the enactment of this ‘‘(B) the term ‘child’ has the meaning lobbying firm that employs any spouse or Act; and given such term by section 8341.’’. close relative of the earmark’s sponsor. Ap- (2) shall only apply with respect to con- (b) FEDERAL EMPLOYEES’ RETIREMENT SYS- plies the point of order to any bill containing tributions (whether monetary or in-kind) TEM.—Section 8411 of title 5, United States an earmark which amends the Internal Rev- made after the date of the enactment of this Code, is amended by adding at the end the enue Code of 1986 to benefit one individual, Act. following: corporation or entity. Applies the point of

VerDate Aug 31 2005 03:45 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.059 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6614 CONGRESSIONAL RECORD — HOUSE September 14, 2006 order to any conference report containing Lungren, Daniel Platts Simpson Waxman Wexler Wu earmarks that were not contained in the E. Poe Smith (NJ) Weiner Woolsey Wynn Mack Pombo Smith (TX) House or Senate-passed versions of the mat- NOT VOTING—20 ter committed to conference. Manzullo Porter Sodrel Marchant Price (GA) Souder Baca Forbes McKinney King, Steve (IA)—2. Prohibits the consider- McCaul (TX) Pryce (OH) Stearns Bishop (UT) Jindal McMorris ation of any bill or conference report unless: McCotter Putnam Sullivan Cannon Johnson, Sam Rodgers (1) the bill or conference report is made McCrery Radanovich Sweeney Case Keller Ney available on the internet for at least 48 hours McHugh Ramstad Tancredo Culberson Kolbe Ryan (OH) McKeon Regula prior to its consideration; (2) any amend- Taylor (NC) Davis (FL) Lynch Sanchez, Loretta Mica Rehberg Evans McHenry Strickland ment made in order under a rule is made Terry Miller (FL) Reichert available on the internet within one hour Thomas Miller (MI) Renzi b 1725 after the rule is filed; (3) any amendment Miller, Gary Reynolds Thornberry under an open rule is made available on the Moran (KS) Rogers (AL) Tiahrt Mr. HONDA and Mr. RANGEL internet immediately after being offered, in Murphy Rogers (KY) Tiberi changed their vote from ‘‘yea’’ to a format that is searchable and sortable. Musgrave Rogers (MI) Turner ‘‘nay.’’ Myrick Rohrabacher Upton Mr. DREIER. Mr. Speaker, I yield Neugebauer Ros-Lehtinen Walden (OR) Messrs. FRANKS of Arizona, YOUNG back the balance of my time, and I Northup Royce Walsh of Alaska, MILLER of Florida, and move the previous question on the res- Norwood Ryan (WI) Wamp ROGERS of Michigan changed their olution. Nunes Ryun (KS) Weldon (FL) vote from ‘‘nay’’ to ‘‘yea.’’ Nussle Saxton Weldon (PA) The SPEAKER pro tempore (Mr. Osborne Schmidt Weller So the previous question was ordered. THORNBERRY). The question is on order- Otter Schwarz (MI) Westmoreland The result of the vote was announced ing the previous question. Oxley Sensenbrenner Whitfield as above recorded. Paul Sessions Wicker The question was taken; and the Pearce The SPEAKER pro tempore. The Shadegg Wilson (NM) Pence Shaw question is on the resolution. Speaker pro tempore announced that Wilson (SC) Peterson (PA) Sherwood the ayes appeared to have it. Wolf The question was taken; and the Petri Shimkus Speaker pro tempore announced that Ms. SLAUGHTER. Mr. Speaker, I ob- Pickering Shuster Young (AK) ject to the vote on the ground that a Pitts Simmons Young (FL) the ayes appeared to have it. quorum is not present and make the RECORDED VOTE point of order that a quorum is not NAYS—194 Ms. SLAUGHTER. Mr. Speaker, I de- present. Abercrombie Gordon Moran (VA) mand a recorded vote. Ackerman Green, Al Murtha The SPEAKER pro tempore. Evi- Allen Green, Gene Nadler A recorded vote was ordered. dently a quorum is not present. Andrews Grijalva Napolitano The SPEAKER pro tempore. This The Sergeant at Arms will notify ab- Baird Gutierrez Neal (MA) will be a 5-minute vote. Baldwin Harman Oberstar The vote was taken by electronic de- sent Members. Barrow Hastings (FL) Obey The SPEAKER pro tempore. Pursu- Bean Herseth Olver vice, and there were—ayes 245, noes 171, ant to clause 8 and clause 9 of rule XX, Becerra Higgins Ortiz not voting 17, as follows: Berkley Hinchey Owens [Roll No. 449] this 15-minute vote on ordering the Berman Hinojosa Pallone previous question will be followed by 5- Berry Holden Pascrell AYES—245 minute votes on adoption of H. Res. Bishop (GA) Holt Pastor Akin Davis (CA) Hayes 1003, if ordered; and motion to suspend Bishop (NY) Honda Payne Alexander Davis (KY) Hayworth Blumenauer Hooley Pelosi the rules on H.R. 6033. Bachus Davis (TN) Hefley Boren Hoyer Peterson (MN) Baird Davis, Jo Ann Hensarling The vote was taken by electronic de- Boswell Inslee Pomeroy Barrett (SC) Davis, Tom Herger vice, and there were—yeas 218, nays Boucher Israel Price (NC) Barrow Deal (GA) Hoekstra 194, not voting 20, as follows: Boyd Jackson (IL) Rahall Bartlett (MD) DeFazio Holt Brady (PA) Jackson-Lee Rangel Barton (TX) Dent Hooley [Roll No. 448] Brown (OH) (TX) Reyes Bass Diaz-Balart, L. Hostettler Brown, Corrine Jefferson Ross YEAS—218 Bean Diaz-Balart, M. Hulshof Butterfield Johnson, E. B. Rothman Beauprez Doggett Hunter Aderholt Conaway Gutknecht Capps Jones (OH) Roybal-Allard Biggert Doolittle Hyde Akin Crenshaw Hall Capuano Kanjorski Ruppersberger Bilbray Drake Inglis (SC) Alexander Cubin Harris Cardin Kaptur Rush Bilirakis Dreier Israel Bachus Davis (KY) Hart Cardoza Kennedy (RI) Sabo Blackburn Duncan Issa Baker Davis, Jo Ann Hastings (WA) Carnahan Kildee Salazar Blunt Edwards Istook Barrett (SC) Davis, Tom Hayes Carson Kilpatrick (MI) Sa´ nchez, Linda Boehlert Ehlers Jefferson Bartlett (MD) Deal (GA) Hayworth Chandler Kind T. Boehner English (PA) Jenkins Barton (TX) Dent Hefley Clay Kucinich Sanders Bonner Eshoo Jindal Bass Diaz-Balart, L. Hensarling Cleaver Langevin Schakowsky Bono Everett Johnson (CT) Beauprez Diaz-Balart, M. Herger Clyburn Lantos Schiff Boozman Feeney Johnson (IL) Biggert Doolittle Hobson Conyers Larsen (WA) Schwartz (PA) Boren Ferguson Jones (NC) Bilbray Drake Hoekstra Cooper Larson (CT) Scott (GA) Boswell Filner Kelly Bilirakis Dreier Hostettler Costa Lee Scott (VA) Boustany Fitzpatrick (PA) Kennedy (MN) Blackburn Duncan Hulshof Costello Levin Serrano Bradley (NH) Flake Kind Blunt Ehlers Hunter Cramer Lewis (GA) Shays Brady (TX) Foley King (IA) Boehlert Emerson Hyde Crowley Lipinski Sherman Brown (OH) Ford King (NY) Boehner English (PA) Inglis (SC) Cuellar Lofgren, Zoe Skelton Brown (SC) Fortenberry Kirk Bonilla Everett Issa Cummings Lowey Slaughter Brown-Waite, Fossella Kline Bonner Feeney Istook Davis (AL) Maloney Smith (WA) Ginny Foxx Kuhl (NY) Bono Ferguson Jenkins Davis (CA) Markey Snyder Burgess Franks (AZ) LaHood Boozman Fitzpatrick (PA) Johnson (CT) Davis (IL) Marshall Solis Burton (IN) Gallegly Langevin Boustany Flake Johnson (IL) Davis (TN) Matheson Spratt Buyer Garrett (NJ) LaTourette Bradley (NH) Foley Jones (NC) DeFazio Matsui Stark Calvert Gerlach Leach Brady (TX) Fortenberry Kelly DeGette McCarthy Stupak Camp (MI) Gibbons Lewis (KY) Brown (SC) Fossella Kennedy (MN) Delahunt McCollum (MN) Tanner Campbell (CA) Gilchrest Linder Brown-Waite, Foxx King (IA) DeLauro McDermott Tauscher Cannon Gillmor LoBiondo Ginny Franks (AZ) King (NY) Dicks McGovern Taylor (MS) Cantor Gingrey Lucas Burgess Frelinghuysen Kingston Dingell McIntyre Thompson (CA) Capito Gohmert Lungren, Daniel Burton (IN) Gallegly Kirk Doggett McNulty Thompson (MS) Cardin Goode E. Buyer Garrett (NJ) Kline Doyle Meehan Tierney Castle Goodlatte Lynch Calvert Gerlach Knollenberg Edwards Meek (FL) Towns Chabot Gordon Mack Camp (MI) Gibbons Kuhl (NY) Emanuel Meeks (NY) Udall (CO) Chocola Graves Maloney Campbell (CA) Gilchrest LaHood Engel Melancon Udall (NM) Coble Green (WI) Manzullo Cantor Gillmor Latham Eshoo Michaud Van Hollen Cole (OK) Gutknecht Marchant Capito Gingrey LaTourette Etheridge Millender- Vela´ zquez Conaway Hall Matheson Carter Gohmert Leach Farr McDonald Visclosky Cooper Harman McCarthy Castle Goode Lewis (CA) Fattah Miller (NC) Wasserman Crenshaw Harris McCaul (TX) Chabot Goodlatte Lewis (KY) Filner Miller, George Schultz Cubin Hart McCotter Chocola Granger Linder Ford Mollohan Waters Cuellar Hastert McCrery Coble Graves LoBiondo Frank (MA) Moore (KS) Watson Davis (AL) Hastings (WA) McHenry Cole (OK) Green (WI) Lucas Gonzalez Moore (WI) Watt

VerDate Aug 31 2005 05:12 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.057 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6615 McHugh Pomeroy Smith (NJ) Marshall Peterson (MN) Sanchez, Loretta under subsection (e) and has not identified a McIntyre Porter Smith (TX) Ney Rush Strickland tax earmark. McKeon Price (GA) Sodrel b 1733 (3) In order to be cognizable by the Chair, a McMorris Pryce (OH) Souder point of order that a rule or order waives the Rodgers Putnam Spratt So the resolution was agreed to. application of subsection (b)(2)(A) must specify Meehan Radanovich Stearns Melancon Ramstad Sullivan The result of the vote was announced the precise language of the rule or order and Mica Rehberg Tancredo as above recorded. any pertinent analysis by the Joint Committee Millender- Reichert Tanner A motion to reconsider was laid on on Taxation contained in the joint statement of McDonald Renzi Tauscher the table. managers. Miller (FL) Reynolds Taylor (MS) (d)(1) As disposition of a point of order under Miller (MI) Rogers (AL) Taylor (NC) The SPEAKER pro tempore (Mr. subsection (a) or (b), the Chair shall put the Miller, Gary Rogers (MI) Terry THORNBERRY). Pursuant to H. Res. 1003, question of consideration with respect to the Moran (KS) Rohrabacher Thomas H. Res. 1000, as amended, is adopted. proposition that is the subject of the point of Murphy Ros-Lehtinen Thornberry The text of H. Res. 1000, as amended, order. Musgrave Royce Tiahrt (2) As disposition of a point of order under Myrick Tiberi is as follows: Ryan (WI) subsection (c) with respect to a rule or order re- Neugebauer Ryun (KS) Tierney H. RES. 1000 Norwood lating to a conference report, the Chair shall Salazar Turner Resolved, Nunes Sanders Upton put the question of consideration as follows: Nussle Saxton Van Hollen SECTION 1. EARMARKING REFORM IN THE HOUSE ‘‘Shall the House now consider the resolution Osborne Schmidt Walden (OR) OF REPRESENTATIVES. notwithstanding the assertion of [the maker of Otter Schwarz (MI) Wamp (a) In the House of Representatives, it shall the point of order] that the object of the resolu- Oxley Sensenbrenner Waters not be in order to consider— tion introduces a new earmark or new ear- Paul Sessions Weldon (FL) (1) a bill reported by a committee unless the marks?’’. Pearce Shadegg Weldon (PA) report includes a list of earmarks in the bill or (3) The question of consideration under this Pence Shaw Weller in the report (and the names of Members who subsection (other than one disposing of a point Petri Shays Westmoreland Pitts Sherman Whitfield submitted requests to the committee for earmarks of order under subsection (b)) shall be debatable Platts Shimkus Wilson (NM) included in such list); or for 15 minutes by the Member initiating the Poe Shuster Wilson (SC) (2) a conference report to accompany a bill point of order and for 15 minutes by an oppo- Pombo Simmons Wu unless the joint explanatory statement prepared nent, but shall otherwise be decided without in- by the managers on the part of the House and tervening motion except one that the House ad- NOES—171 the managers on the part of the Senate includes journ. Abercrombie Higgins Pallone a list of earmarks in the conference report or (e) The Joint Committee on Taxation shall re- Ackerman Hinchey Pascrell joint statement (and the names of Members who view any bill containing a tax measure that is Aderholt Hinojosa Pastor submitted requests to the committee for earmarks being reported by the Committee on Ways and Allen Hobson Payne included in such list) that were not committed to Means or prepared for filing by a committee of Andrews Holden Pelosi the conference committee by either House, not in conference of the two Houses, and shall identify Baldwin Honda Peterson (PA) a report specified in paragraph (1), and not in whether such bill contains any tax earmarks. Becerra Hoyer Pickering a report of a committee of the Senate on a com- The Joint Committee on Taxation shall provide Berkley Inslee Price (NC) to the Committee on Ways and Means or the Berman Jackson (IL) Rahall panion measure. Berry Jackson-Lee Rangel (3) In order to be cognizable by the Chair, a committee of conference a statement identifying Bishop (GA) (TX) Regula point of order raised under paragraph (1) may any such tax earmarks or declaring that the bill Bishop (NY) Johnson, E. B. Reyes be based only on the failure of a report of a or joint resolution does not contain any tax ear- Blumenauer Jones (OH) Rogers (KY) committee to include a list required by para- marks, and such statement shall be included in Bonilla Kanjorski Ross graph (1). the report on the bill or joint statement of man- Boucher Kaptur Rothman agers, as applicable. Any such statement shall Boyd Kennedy (RI) Roybal-Allard (b) In the House of Representatives, it shall not be in order to consider— also be made available to any Member of Con- Brady (PA) Kildee Ruppersberger gress by the Joint Committee on Taxation imme- Brown, Corrine Kilpatrick (MI) Ryan (OH) (1) a bill carrying a tax measure reported by Butterfield Kingston Sabo the Committee on Ways and Means as to which diately upon request. Capps Knollenberg Sa´ nchez, Linda the Joint Committee on Taxation has— SEC. 2. DEFINITIONS. Capuano Kucinich T. (A) identified a tax earmark pursuant to sub- (a) For the purpose of this resolution, the term Cardoza Lantos Schakowsky section (e), unless the report on the bill includes ‘‘earmark’’ means a provision in a bill or con- Carnahan Larsen (WA) Schiff a list of tax earmarks in the bill or report (and ference report, or language in an accompanying Carson Larson (CT) Schwartz (PA) committee report or joint statement of man- Carter Latham Scott (GA) the names of Members who submitted requests to the committee for tax earmarks included in such agers— Chandler Lee Scott (VA) (1) with respect to a general appropriation Clay Levin Serrano list); or bill, or conference report thereon, providing or Cleaver Lewis (CA) Sherwood (B) failed to provide an analysis under sub- recommending an amount of budget authority Clyburn Lewis (GA) Simpson section (e); or for a contract, loan, loan guarantee, grant, or Conyers Lipinski Skelton (2) a conference report to accompany a bill Costa Lofgren, Zoe Slaughter other expenditure with or to a non-Federal enti- carrying a tax measure as to which the Joint Costello Lowey Smith (WA) ty, if— Cramer Markey Snyder Committee on Taxation has— (A) such entity is specifically identified in the (A) identified a tax earmark pursuant to sub- Crowley Matsui Solis report or bill; or Cummings McCollum (MN) Stark section (e), unless the joint explanatory state- (B) if the discretionary budget authority is al- Davis (IL) McDermott Stupak ment prepared by the managers on the part of located outside of the statutory or administra- DeGette McGovern Sweeney the House and the managers on the part of the tive formula-driven or competitive bidding proc- Delahunt McKinney Thompson (CA) Senate includes a list of tax earmarks in the DeLauro McNulty Thompson (MS) ess and is targeted or directed to an identifiable Dicks Meek (FL) Towns conference report or joint statement (and the entity, specific State, or Congressional district; Dingell Meeks (NY) Udall (CO) names of Members who submitted requests to the or Doyle Michaud Udall (NM) committee for tax earmarks included in such (2) with respect to a measure other than that Emanuel Miller (NC) Vela´ zquez list) that were not committed to the conference specified in paragraph (1), or conference report Emerson Miller, George Visclosky committee by either House, not in a report speci- thereon, providing authority, including budget Engel Mollohan Walsh fied in paragraph (1), and not in a report of a authority, or recommending the exercise of au- Etheridge Moore (KS) Wasserman committee of the Senate on a companion meas- Farr Moore (WI) Schultz thority, including budget authority, for a con- Fattah Moran (VA) Watson ure; or tract, loan, loan guarantee, grant, loan author- Frank (MA) Murtha Watt (B) failed to provide an analysis under sub- ity, or other expenditure with or to a non-Fed- Frelinghuysen Nadler Waxman section (e). eral entity, if— Gonzalez Napolitano Weiner (3) A point of order under paragraph (1) or (2) (A) such entity is specifically identified in the Granger Neal (MA) Wexler may not be cognizable by the Chair if the Joint report or bill; Green, Al Northup Wicker Committee on Taxation has provided an anal- (B) if the authorization for, or provision of, Green, Gene Oberstar Wolf ysis under subsection (e) and has not identified budget authority, contract authority loan au- Grijalva Obey Woolsey a tax earmark. Gutierrez Olver Wynn thority or other expenditure is allocated outside Hastings (FL) Ortiz Young (AK) (c)(1) In the House of Representatives, it shall of the statutory or administrative formula-driv- Herseth Owens Young (FL) not be in order to consider a rule or order that en or competitive bidding process and is targeted waives the application of subsection (a)(2) or or directed to an identifiable entity, specific NOT VOTING—17 (b)(2). State, or Congressional district; or Baca Culberson Johnson, Sam (2) A point of order that a rule or order waives (C) if such authorization for, or provision of, Baker Davis (FL) Keller the application of subsection (b)(2)(A) may not budget authority, contract authority, loan au- Bishop (UT) Evans Kolbe be cognizable by the Chair if the Joint Com- thority or other expenditure preempts statutory Case Forbes mittee on Taxation has provided an analysis or administrative State allocation authority.

VerDate Aug 31 2005 03:45 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00079 Fmt 4634 Sfmt 6333 E:\CR\FM\A14SE7.060 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6616 CONGRESSIONAL RECORD — HOUSE September 14, 2006 (b)(1) For the purpose of this resolution, the This will be a 5-minute vote. Oberstar Rothman Sullivan term ‘‘tax earmark’’ means any revenue-losing The vote was taken by electronic de- Obey Roybal-Allard Sweeney provision that provides a Federal tax deduction, Olver Royce Tancredo vice, and there were—yeas 403, nays 0, Ortiz Ruppersberger credit, exclusion, or preference to only one bene- Tanner not voting 29, as follows: Osborne Rush Tauscher ficiary (determined with respect to either Otter Ryan (OH) Taylor (MS) present law or any provision of which the provi- [Roll No. 450] Owens Ryan (WI) Taylor (NC) sion is a part) under the Internal Revenue Code YEAS—403 Oxley Ryun (KS) Terry of 1986 in any year for which the provision is in Pallone Sabo Thomas Abercrombie Diaz-Balart, L. Johnson (IL) Pascrell Salazar Thompson (CA) effect; Ackerman Diaz-Balart, M. Johnson, E. B. (2) for purposes of paragraph (1)— Pastor Sa´ nchez, Linda Thompson (MS) Aderholt Dicks Jones (NC) Paul T. (A) all businesses and associations that are Akin Dingell Jones (OH) Thornberry Payne Sanders Tiahrt members of the same controlled group of cor- Alexander Doggett Kanjorski Pearce Saxton porations (as defined in section 1563(a) of the Allen Doolittle Kaptur Tiberi Pelosi Schakowsky Tierney Andrews Doyle Kelly Pence Schiff Internal Revenue Code of 1986) shall be treated Towns Baird Drake Kennedy (MN) Peterson (MN) Schmidt as a single beneficiary; Turner Baldwin Dreier Kennedy (RI) Peterson (PA) Schwartz (PA) (B) all shareholders, partners, members, or Udall (CO) Barrett (SC) Duncan Kildee Petri Schwarz (MI) beneficiaries of a corporation, partnership, asso- Udall (NM) Barrow Edwards Kilpatrick (MI) Pickering Scott (GA) Upton ciation, or trust or estate, respectively, shall be Bartlett (MD) Ehlers Kind Pitts Scott (VA) treated as a single beneficiary; Barton (TX) Emanuel King (IA) Platts Sensenbrenner Van Hollen ´ (C) all employees of an employer shall be Bass Emerson King (NY) Poe Serrano Velazquez treated as a single beneficiary; Bean Engel Kingston Pombo Sessions Visclosky (D) all qualified plans of an employer shall be Beauprez English (PA) Kirk Pomeroy Shadegg Walden (OR) Becerra Eshoo Kline Porter Shaw Walsh treated as a single beneficiary; Berkley Etheridge Knollenberg Wamp (E) all beneficiaries of a qualified plan shall Price (GA) Shays Berman Everett Kucinich Price (NC) Sherman Wasserman be treated as a single beneficiary; Berry Farr Kuhl (NY) Pryce (OH) Sherwood Schultz (F) all contributors to a charitable organiza- Biggert Fattah LaHood Putnam Shimkus Waters tion shall be treated as a single beneficiary; Bilbray Feeney Langevin Radanovich Shuster Watson (G) all holders of the same bond issue shall be Bilirakis Filner Lantos Rahall Simmons Watt treated as a single beneficiary; and Bishop (GA) Fitzpatrick (PA) Larsen (WA) Ramstad Simpson Waxman Bishop (NY) Flake Larson (CT) (H) if a corporation, partnership, association, Rangel Skelton Weiner Blackburn Foley Latham Weldon (FL) trust or estate is the beneficiary of a provision, Regula Slaughter Blumenauer Ford LaTourette Rehberg Smith (NJ) Weldon (PA) the shareholders of the corporation, the part- Blunt Fortenberry Leach Reichert Smith (TX) Weller ners of the partnership, the members of the asso- Boehner Fossella Lee Renzi Smith (WA) Wexler ciation, or the beneficiaries of the trust or estate Bonilla Foxx Levin Reyes Snyder Wicker shall not also be treated as beneficiaries of such Bono Frank (MA) Lewis (CA) Reynolds Sodrel Wilson (SC) provision; Boozman Franks (AZ) Lewis (GA) Rogers (AL) Solis Wolf Boren Frelinghuysen Lewis (KY) Rogers (KY) Souder Woolsey (3) for the purpose of this subsection, the term Boswell Gallegly Linder ‘‘revenue-losing provision’’ means any provision Rogers (MI) Spratt Wu Boucher Garrett (NJ) Lipinski Rohrabacher Stark Wynn that is estimated to result in a reduction in Fed- Boustany Gerlach LoBiondo Ros-Lehtinen Stearns Young (AK) eral tax revenues (determined with respect to ei- Bradley (NH) Gibbons Lofgren, Zoe Ross Stupak Young (FL) ther present law or any provision of which the Brady (PA) Gilchrest Lowey provision is a part) for any one of the two fol- Brady (TX) Gillmor Lucas NOT VOTING—29 lowing periods— Brown (OH) Gingrey Lungren, Daniel Baca Cramer Miller, Gary Brown (SC) Gohmert E. Bachus Culberson Neal (MA) (A) the first fiscal year for which the provi- Brown, Corrine Gonzalez Lynch Baker Davis (FL) Ney sion is effective; or Brown-Waite, Goode Mack (B) the period of the 5 fiscal years beginning Bishop (UT) Evans Nussle Ginny Goodlatte Maloney Boehlert Ferguson with the first fiscal year for which the provision Burgess Gordon Manzullo Sanchez, Loretta Bonner Forbes Strickland is effective; and Butterfield Granger Marchant Boyd Johnson, Sam (4) the terms used in this subsection shall have Buyer Graves Markey Westmoreland Burton (IN) Keller Whitfield the same meaning as those terms have generally Calvert Green (WI) Marshall Cardin Kolbe Wilson (NM) Camp (MI) Green, Al Matheson Case McKinney in the Internal Revenue Code of 1986, unless Campbell (CA) Green, Gene Matsui otherwise expressly provided. Cannon Grijalva McCarthy b 1745 (c) For the purpose of this resolution— Cantor Gutierrez McCaul (TX) (1) government-sponsored enterprises, Federal Capito Gutknecht McCollum (MN) So (two-thirds of those voting having facilities, and Federal lands shall be considered Capps Hall McCotter responded in the affirmative) the rules Capuano Harman McCrery Federal entities; were suspended and the bill was passed. (2) to the extent that the non-Federal entity is Cardoza Harris McDermott Carnahan Hart McGovern The result of the vote was announced a State, unit of local government, territory, an Carson Hastings (FL) McHenry as above recorded. Indian tribe, a foreign government or an inter- Carter Hastings (WA) McHugh governmental international organization, the Castle Hayes McIntyre A motion to reconsider was laid on provision or language shall not be considered an Chabot Hayworth McKeon the table. Chandler Hefley McMorris earmark unless the provision or language also f specifies the specific purpose for which the des- Chocola Hensarling Rodgers ignated budget authority is to be expended; Clay Herger McNulty Cleaver Herseth Meehan PERSONAL EXPLANATION (3) the term ‘‘budget authority’’ shall have the Clyburn Higgins Meek (FL) Mr. KELLER. Mr. Speaker, I have remained same meaning as such term is defined in section Coble Hinchey Meeks (NY) 3 of the Congressional Budget Act of 1974 (2 Cole (OK) Hinojosa Melancon in Orlando, Florida, with my wife as she pre- U.S.C. 622); and Conaway Hobson Mica pares to give birth to our new baby daughter. (4) an obligation limitation shall be treated as Conyers Hoekstra Michaud If I had been present today, I would have though it is budget authority. Cooper Holden Millender- voted in the following manner: rollcall 441: Costa Holt McDonald f Costello Honda Miller (FL) ‘‘No’’; rollcall 442: ‘‘No’’; rollcall 443; ‘‘Yea’’; Crenshaw Hooley Miller (MI) rollcall 444: ‘‘Yea’’; rollcall 445: ‘‘Nay’’; rollcall THOMAS J. MANTON POST OFFICE Crowley Hostettler Miller (NC) 446: ‘‘Aye’’; rollcall 447: ‘‘Yea’’; rollcall 448: BUILDING Cubin Hoyer Miller, George Cuellar Hulshof Mollohan ‘‘Yea’’; rollcall 449: ‘‘Aye’’; rollcall 450: ‘‘Yea.’’ The SPEAKER pro tempore. The un- Cummings Hunter Moore (KS) f finished business is the question of sus- Davis (AL) Hyde Moore (WI) Davis (CA) Inglis (SC) Moran (KS) LEGISLATIVE PROGRAM pending the rules and passing the bill, Davis (IL) Inslee Moran (VA) H.R. 6033. Davis (KY) Israel Murphy (Mr. HOYER asked and was given The Clerk read the title of the bill. Davis (TN) Issa Murtha permission to address the House for 1 Davis, Jo Ann Istook Musgrave The SPEAKER pro tempore. The Davis, Tom Jackson (IL) Myrick minute.) question is on the motion offered by Deal (GA) Jackson-Lee Nadler Mr. HOYER. Mr. Speaker, I yield to the gentleman from Virginia (Mr. TOM DeFazio (TX) Napolitano my friend, the gentleman from Ohio DAVIS) that the House suspend the DeGette Jefferson Neugebauer (Mr. BOEHNER), the majority leader, for Delahunt Jenkins Northup rules and pass the bill, H.R. 6033, on DeLauro Jindal Norwood the purposes of inquiring about the which the yeas and nays are ordered. Dent Johnson (CT) Nunes schedule for the week to come.

VerDate Aug 31 2005 05:12 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.061 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6617 I informed his staff of the length of Mr. HOYER. I appreciate that. I issues in that bill. Those conversations time I thought this would take, I am would hope, Mr. Leader, that on this are continuing, but no decisions have sure she has informed him, and he is bill it could be open to amendment in been made. still here. some form, because clearly this is a Mr. HOYER. I thank the gentleman. Mr. BOEHNER. I thank my friend critically important issue. As you As the gentleman knows, I have an and colleague from Maryland for yield- know, we have just had our primary in amendment on the minimum wage in ing. Maryland. We had a number of that bill. Mr. Speaker, next week, the House glitches. I don’t think there was any Mr. BOEHNER. I am well aware of it, will convene Tuesday at 12:30 p.m. for wrongdoing, but there was certainly yes. morning hour and 2 p.m. for legislative some negligence which led to disrup- Mr. HOYER. I am very interested in business. There are a number of items tion. I don’t think there was anything it, and I would hope we could move it. Notwithstanding the fact that I told on the suspension calendar. A final list that perhaps deals particularly with your extraordinarily able staffer who of those bills will be sent to Members’ this bill, but I am hopeful that we can offices by tomorrow afternoon. sits behind you that it was going to consider it in a way that will allow take about 45 minutes for this col- For the balance of the week, the Members to offer their own sugges- House will consider H.R. 6054, the Mili- loquy, I will yield back the balance of tions. I thank the gentleman for con- my time at this time. tary Commissions Act, from the Com- sideration of that issue. mittee on Armed Services; and H.R. With respect to the border security f 4844, the Federal Election Integrity related legislation, there is a mention HOUR OF MEETING ON TOMORROW Act, from the Committee on House Ad- of other security legislation possibly AND ADJOURNMENT FROM FRI- ministration. The House will also con- coming to the floor. Can you be a little DAY, SEPTEMBER 15, 2006, TO sider additional legislation on border more specific as to what you con- TUESDAY, SEPTEMBER 19, 2006 security, including providing for more template might be on the floor next Border Patrol agents, stricter enforce- Mr. BOEHNER. Mr. Speaker, I ask week? ment, enhancing State and local law unanimous consent that when the Mr. BOEHNER. I am expecting that House adjourns today, it adjourn to enforcement authority. next week, and possibly as early and I would also like to note conference meet at 11 a.m. tomorrow, and further, going into the following week, we may reports may be brought up at any time, that when the House adjourns on that have two or three packages of issues and I expect to see H.R. 5122, the Sonny day, it adjourn to meet at 12:30 p.m. on Montgomery National Defense Author- that are intended to help strengthen Tuesday, September 19, 2006, for morn- ization Act for Fiscal Year 2007, a con- our border. As the gentleman is aware, ing hour debate. ference report, and hopefully we will we have done a lot over the last 4 or 5 The SPEAKER pro tempore (Mr. SODREL). Is there objection to the re- have that passed next week. years to strengthen the border, adding About Friday votes, I know Members additional Border Patrol agents, fenc- quest of the gentleman from Ohio? There was no objection. want to get home in time next Friday ing, all types of technology. for Rosh Hashanah, and I am working We now have the National Guard f to make that happen. But to do that, I down on the border. But we believe DISPENSING WITH CALENDAR believe we will be in very late on that there are a number of smaller WEDNESDAY BUSINESS ON Thursday. issues that we can work with the Sen- WEDNESDAY NEXT So I would suggest to Members that ate on and possibly include in the Homeland Security appropriations con- Mr. BOEHNER. Mr. Speaker, I ask if they want to make flight arrange- unanimous consent that the business ments for first thing on Friday morn- ference report. We talked about it today earlier in a press event. A list of in order under the Calendar Wednesday ing, that would be the safe thing to do, rule be dispensed with on Wednesday but I do expect that we will be in late those bills will be available, should be available by now. next. on Thursday in order to complete our The SPEAKER pro tempore. Is there Mr. HOYER. I thank the gentleman work for the week. objection to the request of the gen- for that information. Mr. HOYER. I want to thank the gen- tleman from Ohio? tleman for that notice to Members. I On the military commissions/domes- There was no objection. think that is very helpful. He and I tic surveillance, you list a bill regard- f talked about it last week and he said ing military commissions for next he would work on it. I very much ap- week. Is there any possibility that we AMENDMENT PROCESS FOR CON- preciate that and I know the Members might also have on the floor legislation SIDERATION OF H.R. 6054, MILI- do as well. I thank you for that. dealing with the issue of domestic TARY COMMISSIONS ACT OF 2006 Mr. Leader, this may have been an wiretapping surveillance? Mr. COLE of Oklahoma. Mr. Speaker, oversight. You did not mention that I yield to my friend. the Committee on Rules may meet the first votes will be 6:30 on Tuesday of Mr. BOEHNER. The terrorist surveil- week of September 18 to grant a rule next week. Is that correct? lance program is expected to be which could limit the amendment proc- Mr. BOEHNER. That is correct. marked up next week in the Judiciary ess for floor consideration of H.R. 6054, Mr. HOYER. On H.R. 4844, the Fed- Committee, which I would then suspect the Military Commissions Act of 2006. eral Election Integrity Act, I have not would be on the floor the week there- Any Member wishing to offer an talked to any members of the com- after. amendment should submit 55 copies of mittee nor the Rules Committee. As Mr. HOYER. I thank the leader for the amendment, and one copy of a brief you know, I was the sponsor of the his information. explanation of the amendment, to the HAVA act, along with BOB NEY, and Again, briefly, I was not going to ask Rules Committee in room H–312 of the very interested in this entire issue. it, but I am constrained to ask it. Is Capitol by 12 noon on Tuesday, Sep- Can you tell me about whether it will there any chance, Mr. Leader, that we tember 19, 2006. Members should draft be open to amendments or that amend- will be able to consider the Labor- their amendments to the bill as or- ments need to be into the Rules Com- Health bill on the floor? It is the only dered reported by the Committee on mittee at a certain time, what you con- appropriation bill, as you well know, Armed Services, which is expected to template? that we have not passed through the be filed tomorrow, Friday, September Mr. BOEHNER. This bill was re- House. We have done the other 10. 15. ported out of the House Administration Do you have any expectation that Members should use the Office of Committee some time ago. I imagine that bill might be on the floor either Legislative Counsel to ensure that we will see an announcement out of the next week or the week thereafter? their amendments are drafted in the Rules Committee in terms of when I yield to my friend. most appropriate format, and should their hearing is and whether they will Mr. BOEHNER. I thank my colleague check with the Office of the Parliamen- call for amendments. But I would ex- for yielding. tarian to be certain that their amend- pect that announcement to come from There are conversations continuing ments comply with the rules of the the Rules Committee. about that bill. There are still some House.

VerDate Aug 31 2005 03:45 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.107 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6618 CONGRESSIONAL RECORD — HOUSE September 14, 2006 REMOVAL OF NAME OF MEMBER b 1800 advanced degrees awarded to black stu- AS COSPONSOR OF H.R. 2048 SPECIAL ORDERS dents in the physical sciences, mathe- matics, computer science, engineering Mr. KUHL of New York. Mr. Speaker, The SPEAKER pro tempore. Under I ask unanimous consent to have my and education. the Speaker’s announced policy of Jan- The real story, Mr. Speaker, that name removed as a cosponsor of H.R. uary 4, 2005, and under a previous order 2048. underlies these figures, is the story of of the House, the following Members hope and opportunity. Before the Su- The SPEAKER pro tempore. Is there will be recognized for 5 minutes each. objection to the request of the gen- preme Court’s landmark decision in tleman from New York? f Brown v. Board of Education in 1954, There was no objection. CELEBRATING NATIONAL HISTORI- African Americans were routinely and CALLY BLACK COLLEGES AND unjustly excluded from institutions of f UNIVERSITIES WEEK higher learning. It didn’t matter how smart you were, it didn’t matter how REQUESTING THE SENATE TO RE- The SPEAKER pro tempore. Under a much talent or potential you had; the TURN TO THE HOUSE OF REP- previous order of the House, the gen- only thing that mattered was the color RESENTATIVES H.R. 503 tleman from Maryland (Mr. HOYER) is of your skin. What a failed, immoral recognized for 5 minutes. Mr. KUHL of New York. Mr. Speaker, policy. But out of that rank injustice, GENERAL LEAVE I offer a privileged resolution (H. Res. that indefensible racism, was born a Mr. HOYER. Mr. Speaker, I ask 1011) requesting the return of official fortitude and a determination to rise unanimous consent that all Members papers on H.R. 503, and ask for its im- above, to overcome through education. may have 5 legislative days in which to mediate consideration. Thus, the first black college, what is revise and extend their remarks and in- The Clerk read the resolution, as fol- now known as Cheyney University in clude extraneous material on the sub- lows: Cheyney, Pennsylvania, was founded in ject of my special order today. 1837. To appreciate the magnitude of H. RES. 1011 The SPEAKER pro tempore. Is there this, remember that Cheyney was cre- Resolved, That the Clerk of the House of objection to the request of the gen- ated a full 28 years before the ratifica- Representatives request the Senate to return tleman from Maryland? to the House the bill (H.R. 503) entitled ‘‘To tion of the 13th Amendment, to train amend the Horse Protection Act to prohibit There was no objection. free blacks to become school teachers. the shipping, transporting, moving, deliv- Mr. HOYER. Mr. Speaker, the week Today, Cheyney continues to serve ering, receiving, possessing, purchasing, sell- of September 10 was denominated Na- with great pride as an avenue for Afri- ing, or donation of horses and other equines tional Historically Black Colleges and can Americans to attend college. to be slaughtered for human consumption, Universities Week by legislation intro- Four of the 103 HBCUs are located in and for other purposes.’’. duced by our colleague and my friend, the State of Maryland, including Bowie The resolution was agreed to. Congresswoman EDDIE BERNICE JOHN- State University in my own district, a A motion to reconsider was laid on SON of Texas, and passed this past July, college with which I have been working the table. and I am honored to join my colleagues since 1967 when I was elected to the today in celebrating it. Maryland State Senate. Bowie was f The contributions made by HBCUs to founded in 1865, and is the oldest His- the African American community, to torically Black University in Mary- CATCHING BIN LADEN WON’T our country and to our culture cannot MAKE US SAFER? land. be overstated. As President Clinton The others are a great institution in (Ms. FOXX asked and was given per- once noted, ‘‘Generations of African Baltimore City, Morgan State, and its mission to address the House for 1 American educators, physicians, law- sister, Coppin State, both in that great minute.) yers, scientists, and other professionals city, and the last is the University of Ms. FOXX. Mr. Speaker, I rise in found at HBCUs the knowledge, experi- Maryland-Eastern Shore, located in utter disbelief on hearing comments ence and encouragement they needed Princess Anne. made by Democrat leaders that the to reach their full potential.’’ Let me say as a former member of capture of Osama bin Laden would not The alumni rolls of HBCUs read like the Maryland Board of Regents and as make America any safer. This state- a Hall of Fame list, Mr. Speaker: Mar- someone acutely interested in edu- ment exemplifies the Democrats’ lack tin Luther King, Jr., a graduate of cation and the needs of our youth, I see of any concrete plan on national secu- Morehouse College; Booker T. Wash- the manifest vision and the determina- rity and the global war on terror. ington, Hampton University, who also tion of HBCUs in practice every day. I Bin Laden is the alleged orchestrator helped found the Tuskegee Institute in see it in the faces of the children in my of the 9/11 attacks, and as he remains 1881, what is now known as Tuskegee district, who know that they will have on the loose, there is no telling what University; W.E.B. DuBois, Fisk Uni- the opportunity to develop their skills terrorist activities he may be planning versity; and Wilma Rudolph from Ten- and talents, whether they choose and inciting. He is more than a symbol, nessee State University. Bowie State, the University of Mary- he is a threat. The list, of course, could go on and land at College Park or any other What confuses me even more is the on, and indeed I could mention Mem- school. Democrats’ criticism of the Republican bers of the Congressional Black Caucus I see it in the faces of the young pro- agenda in winning the war on terror. itself. In fact, it probably will surprise fessionals who have attended an HBCU Democrats accuse Republicans of di- no one that nearly half of our friends who are now working hard to build verting resources that should be uti- and colleagues in the Congressional their careers and contribute to our so- lized in Afghanistan and then proceed Black Caucus received their degrees ciety. And, yes, I see it in the faces of to issue statements that the capture of Historically Black Colleges and Uni- those here tonight who appreciate the Osama bin Laden is meaningless, that versities. Public service continues to unique role and history of Historically it would not make us any safer. be a hallmark of the graduate of black Black Colleges and Universities and So then what is the Democrats’ agen- colleges and universities. who understand the importance of da for the war on terror. Give up in Today, Mr. Speaker, there are 103 their continued vibrancy. Iraq and create a vacuum where re- Historically Black Colleges and Uni- We must recognize, Mr. Speaker, that gimes that fund and incite terrorist ac- versities in our Nation, serving more our strength as a Nation lies not just tivity can rise again? Leave Afghani- than 260,000 undergraduate students, in the quality of the University of stan and cease breaking up terrorist with 27 percent offering either a first Maryland at College Park, but in the cells? professional degree or a doctorate. excellence of Bowie State. We must re- Mr. Speaker, I have one last question HBCUs confer nearly a quarter of all alize while we celebrate the University for my colleagues on the other side of bachelor’s degrees awarded each year of North Carolina at Chapel Hill, we the aisle. I know what you are against, to African Americans, and they confer also must take joy in the accomplish- but what are you for? the majority of bachelor’s degrees and ments of North Carolina A&T.

VerDate Aug 31 2005 05:12 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.108 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6619 HBCUs have strengthened our coun- merous institutions and the students who fill tleman from Texas (Mr. POE) is recog- try and enriched our culture beyond their hollowed halls. Over 100 HBCUs con- nized for 5 minutes. measure, and while they can take great tinue to educate the best and brightest of (Mr. POE addressed the House. His pride in their glorious past, it is in- America’s emerging leaders. In 2001, HBCUs remarks will appear hereafter in the cumbent upon all of us to ensure that awarded one-fifth of all bachelor’s degrees Extensions of Remarks.) they enjoy an even brighter future. earned by black students nationally. HBCU f Ms. WOOLSEY. Mr. Speaker, I rise to honor graduates fill professional ranks, closing gaps our historically black colleges and universities, in professional and economic attainment. One UNJUST PROSECUTION OF TWO or HBCU’s. example of this can be found at Xavier Univer- U.S. BORDER PATROL AGENTS It is important that every American under- sity in Louisiana. Xavier University outranks all Mr. JONES of North Carolina. Mr. stands the history of these institutions and the institutions in the country for the placement of Speaker, I ask unanimous consent to great impact that they have had on our Nation, black students into medical schools. take the time of the gentleman from and I thank Representative EDDIE BERNICE Moreover, HBCUs are embedded within Texas. JOHNSON for introducing the resolution declar- America’s historical and cultural fabric. Their The SPEAKER pro tempore. Without ing this week ‘‘National Historically Black Col- accomplished graduates have spurred social objection, the gentleman from North leges and Universities Week.’’ change, led political movements, forged diver- Carolina is recognized for 5 minutes. For years, HBCU’s offered many African gent artistic paths, and heralded the dawning There was no objection. Americans their only educational opportunity. of new literary ages. To list all the prestigious Mr. JONES of North Carolina. Mr. HBCU’s remain a vital part of our higher edu- alumni of HBCUs would require volumes. In Speaker, I am on the floor today to cation system because they continue to offer summation, it can be said that without them bring to the attention of the House a high quality educational opportunities. and the institutions that honed their skills, situation involving two U.S. Border In fact, about one-third of black lawyers, there would have been no Harlem Renais- Patrol agents. These agents were found one-half of black engineers, two-thirds of black sance, Civil Rights Movement, Brown vs. guilty in a Federal Court for wounding physicians, and four-fifths of black federal Board of Education, and countless other eras a drug dealer, a smuggler, who brought judges are graduates of HBCU’s. and historical turning points which redefined 743 pounds of marijuana across our Among the leaders who HBCU’s have pro- the lives of all Americans. southern border into Texas. These duced throughout our history are artists and Today I commend the work of HBCUs and agents now face up to 20 years in Fed- writers, astronauts, business leaders, civil the leaders and scholars that have dedicated eral prison. rights leaders, mayors, Members of Congress, their abilities to leading them into the 21st Agent Ramos served the Border Pa- a Supreme Court Justice, university presi- Century. I wish each institution a century’s trol for 9 years and was a former nomi- dents, and countless others. more of unparalleled achievement. Borrowing nee for Border Patrol Agent of the So, today, we honor HBCU’s because of from the Black National Anthem. Year. Agent Compean had 5 years of ex- their glorious past and look forward to what I . . . We have come over a way that with perience as a Border Patrol agent. am sure will be an even more glorious future. tears have been watered, These agents never should have been Mr. SCOTT of Georgia. Mr. Speaker, thank We have come, treading our path through prosecuted for their actions last year. you to my colleagues who have also risen to the blood of the slaughtered, By attempting to apprehend a Mexi- pay tribute to our nation’s historically black Out from the gloomy past, Till now we stand can drug smuggler, these agents were colleges and universities (HBCUs). September at last simply doing their job to protect the 10–16 is the week designated by the White Where the white gleam of our bright star is House Initiative on Historically Black Colleges cast. . . . American people. These agents should have been commended for their ac- and Universities to recognize the work of Ms. MILLENDER-MCDONALD. Mr. Speaker, HBCUs. As a graduate of Florida A&M Univer- this week we celebrate National Historically tions, but instead the U.S. Attorney’s sity (FAMU), a historically black university in Black Colleges and Universities (HBCUs) office prosecuted the agents and grant- Tallahassee, Florida, this occasion holds spe- Week, and all that they have done for our ed full immunity to the drug smuggler cial significance for me. country. While I did not attend an HBCU, I for his testimony against our agents. Over 40 years ago, I arrived on Florida A&M have reaped the benefits of these institutions, The drug smuggler received full med- University’s campus in Tallahassee, Florida for as have all Americans. ical care in El Paso, Texas, was per- my freshman year. At 16 years old, I was a Historically black colleges and universities mitted to return to Mexico, and is now young man with dreams and great ambition were founded at a time when segregation was suing the Border Patrol for $5 million like scores of other black men and women often the norm, whether officially sanctioned or for violating his constitutional rights. who have filled the halls of historically black not. These institutions offered African-Ameri- He is not an American citizen. He is a colleges and universities for more than a cen- cans the opportunity to pursue an education criminal. tury. My story is theirs; like so many HBCU that may have otherwise been out of their Mr. Speaker, I have spoken to numer- graduates, the invaluable education I received reach. Education is very often the key to a ous people inside Texas and outside of afforded me countless successes throughout successful and productive life, and HBCUs Texas regarding this outrage, including my career. After graduating from Florida A&M continue to provide this invaluable asset to the attorney for one of these agents. I University in 1967, I attended the Wharton thousands of African Americans and other have written the President of the school of business, ran a successful adver- Americans. United States asking him to please tising firm, and served in the Georgia State HBCUs have helped many students who look into this matter. I have written Senate for 26 years. Today I represent the have gone on to become leaders and who two letters to Attorney General Gon- 13th Congressional district. have left a positive and lasting effect on soci- zalez asking him to reopen this case for Indeed just as my experience reflects the ety as a whole. In law and politics, HBCUs a fuller investigation before these men opportunities available to HBCU graduates, have yielded great minds such as Martin Lu- are sentenced on October 19. the evolution of Florida A&M represents the ther King, Jr. and Thurgood Marshall. HBCUs Mr. Speaker, I hope that the Amer- growth of many HBCUs from niche schools to have educated cultural and literary greats ican people will agree that this pros- solid academic institutions with national rec- such as Toni Morrison, Langston Hughes, and ecution is an outrageous injustice and ognition. Florida A&M University evolved from Ralph Ellison. Many talented entertainers and that the situation must be inves- a small, little known school in Florida’s pan- athletes have attended HBCUs, including tigated. handle to a university ranked the best overall Oprah Winfrey and football great Walter Mr. Speaker, I hope that fellow Mem- university for African American students by Payton. These individuals and countless oth- bers of the House will join me in this Black Enterprise in 2006. Florida A&M Univer- ers have gone on to make a significant con- effort. I know Congresswoman SHEILA sity has created a culture of achievement in its tribution to society after attending an HBCU. JACKSON-LEE and Congressman POE and undergraduate and graduate programs. In For all that HBCUs have done to improve the Congressman GOHMERT have all said 1997 Florida A&M University beat out thou- lives of African Americans, and for all that that they want to join in this effort to sands of institutions to receive the College of these African Americans have in turn done to find out what has happened. I believe the Year honor from Time Magazine-Princeton improve society, we are eternally grateful. this is an injustice that needs to be Review. f looked into by the Attorney General Florida A&M University’s success is only a The SPEAKER pro tempore. Under a and by the Congress of the United part of a larger story of achievement for nu- previous order of the House, the gen- States.

VerDate Aug 31 2005 03:45 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.110 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6620 CONGRESSIONAL RECORD — HOUSE September 14, 2006 Mr. Speaker, with that, before I yield ber the President, we called him American students had to obtain a degree in back the balance of my time, I will ask ‘‘Prexy,’’ Dr. Lawrence A. Davis, Sr., higher education. HBCUs have changed the God to please bless our men and women who would often let us register, wheth- face of this nation and have opened the door in uniform, both in Afghanistan and in er we had the money to pay our tuition for many generations of African American stu- Iraq and throughout the world, and I or not. His son, Dr. Lawrence A. Davis, dents. will ask God to please bless America. Jr., is now the current chancellor and Today, America’s HBCUs continue to pro- vide excellent educational opportunities to all f is just doing an outstanding job. I remember a cousin of mine who Americans. Over 200,000 diverse students The SPEAKER pro tempore. Under a across the United States attend HBCUs today. previous order of the House, the gen- graduated from UAPB and then moved to Champaign, Illinois, got his master’s I am proud to represent Paul Quinn College, tleman from New York (Mr. OWENS) is degree, Willie Summerville, who was the oldest historical Black college west of the recognized for 5 minutes. Mississippi River. For over 130 years, Paul (Mr. OWENS addressed the House. honored by the City of Champaign a few weeks ago for being its outstanding Quinn has provided their students with the His remarks will appear hereafter in tools to become successful leaders. Because the Extensions of Remarks.) citizen. He organized a choir and took it to Rome to sing for the Pope. of their unique resources, HBCUs continue to f I could go on and on and think of just be extremely effective in graduating African any number of outstanding individuals American students and preparing them to IN HONOR OF NATIONAL HISTORI- compete in the global economy. who were able to demonstrate their CALLY BLACK COLLEGES AND HBCUs graduate over half of all African UNIVERSITIES WEEK abilities and competency because of American professionals, and fifty percent of all these institutions. Mr. DAVIS of Illinois. Mr. Speaker, I African American school teachers. Addition- I think of many of my colleagues. As ally, HBCUs remain extremely successful in ask unanimous consent to claim the a matter of fact, a majority of my col- time of the gentleman from New York. graduating African American Ph.D’s and sci- leagues who are African American entists. The fact is that we cannot move for- The SPEAKER pro tempore. Without graduated from Historically Black Col- objection, the gentleman from Illinois ward as a country until all our children have leges and Universities: JESSE JACKSON, is recognized for 5 minutes. the opportunity to succeed academically. Each Jr., and his daddy, Jesse Jackson, Sr. I There was no objection. day HBCUs help us bridge that achievement think of Representative ALCEE Mr. DAVIS of Illinois. Mr. Speaker, I gap. HASTINGS, who went to Fisk Univer- want to thank my colleague from National HBCU Week allows us to reflect sity, and on and on and on and on. upon the impact these institutions have had on Texas, Representative EDDIE BERNICE But the real deal is these institutions our history and to celebrate their continued JOHNSON, for her leadership in making are worth their weight in gold. They commitment to outstanding education. I would this week happen. Her resolution, H. have contributed significantly to the like to thank my colleagues for their support in Res. 928, passed the House on July 26, development of our country. They need passing the national HBCU week resolution. 2006, designating the week of Sep- all of the support that they can get. tember 10, 2006, as National Histori- f So, again, I thank Representative cally Black Colleges and Universities NATIONAL HISTORICALLY BLACK EDDIE BERNICE JOHNSON for estab- Week. I also want to commend Minor- COLLEGES AND UNIVERSITIES lishing this week and congratulate all ity Whip Steny Hoyer for organizing WEEK of these institutions for the tremen- this discussion this evening. dous job that they do. The SPEAKER pro tempore. Under a Mr. Speaker, there are 103 Histori- previous order of the House, the gentle- f cally Black Colleges and Universities woman from Ohio (Mrs. JONES) is rec- in the United States that serve over The SPEAKER pro tempore. Under a ognized for 5 minutes. 260,000 undergraduate students, with previous order of the House, the gen- Mrs. JONES of Ohio. Mr. Speaker, I just over a quarter of all HBCUs offer- tleman from Maryland (Mr. GILCHREST) am pleased to join my colleagues today ing either a first professional degree, a is recognized for 5 minutes. to recognize Historically Black Col- master’s degree in business administra- (Mr. GILCHREST addressed the leges and Universities during this tion, or a J.D. or doctorate degree. House. His remarks will appear here- newly established National Histori- Historically Black Colleges and Uni- after in the Extensions of Remarks.) cally Black Colleges and Universities versities are defined as institutions es- f Week, September 10 through Sep- tablished prior to 1964 with the prin- tember 16. I share September 10 with cipal mission of educating African NATIONAL HISTORICALLY BLACK them because September 10 was my Americans. HBCUs educated approxi- COLLEGES AND UNIVERSITIES birthday. mately 14 percent of the Nation’s Afri- WEEK This year’s theme, ‘‘The Tradition can American undergraduate students, The SPEAKER pro tempore. Under a Continues: New Successes and Chal- awarding almost one-quarter, 23.1 per- previous order of the House, the gentle- lenges,’’ speaks to how important cent, of all bachelor’s degrees to black woman from Texas (Ms. EDDIE BERNICE HBCUs have been to the education of students. Almost half, 46.8 percent, of JOHNSON) is recognized for 5 minutes. African Americans and minorities in the undergraduate students attending Ms. EDDIE BERNICE JOHNSON of Texas. this country and how we must continue HBCUs received Pell Grants, indicating Mr. Speaker, I rise today in support of our na- to preserve these unique institutions of that these institutions provide key tion’s Historically Black Colleges and Univer- higher learning. educational opportunities for low-in- sities. This past July, I was able to offer on the b 1815 come African Americans. House floor a resolution recognizing National Though I did not attend an histori- Mr. Speaker, I have 10 brothers and Historically Black Colleges and Universities cally black university, I understand sisters. We grew up in rural Arkansas, Week. the importance these schools played in where my parents were low-income The week of September 10th is officially African American history and African sharecroppers. Seven of us attended the HBCU week. I am pleased to be able to join American heritage. Many HBCUs were University of Arkansas at Pine Bluff. I with my colleagues today to recognize these formed during Reconstruction fol- also have three nephews and a niece fine institutions of higher learning. lowing the Civil War to educate freed who attended the same school, plus a For over 170 years, our Historically Black slaves and sharecroppers. H. Patrick number of cousins. I strongly believe Colleges and Universities have been on the Swygert, the President of Howard Uni- that perhaps none of us would have forefront of preparing our nation’s youth for a versity, noted the significance of been able to attend college had it not bright path and successful future. Originally HBCUs in a speech in which he stated been for the fact that the University of founded for the purpose of providing edu- ‘‘HBCUs provided the avenue for the Arkansas at Pine Bluff, which then was cational opportunities for African Americans, descendants of sharecroppers to get an Arkansas AM&N College, existed. HBCUs have profoundly changed the Amer- education in an environment that was These schools provide a nurturing en- ican economic and social climate. sensitive to their special cir- vironment and provide instructors that The fact is that until 1964, HBCUs rep- cumstances and one where their hu- I remember even to this day. I remem- resented one of the only opportunities African manity would not be questioned. This

VerDate Aug 31 2005 03:45 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.112 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6621 has always been, and continues to be, a many of the HBCUs remain under- lowed him to go in the basement of defining feature of these colleges and funded in comparison to their predomi- that school but realizing that they universities in a society that in many nantly white counterparts. Today I call could not block Negroes in the 1940s ways remains hostile to people of upon both the Federal and State gov- from achieving an education, the birth color.’’ ernments to increase funding to HBCUs of Texas Southern University. How It is important to note that the so that they can remain competitive proud we are that out of that institu- founders of these institutions recog- and continue to educate the leaders of tion that came out of the ashes of seg- nized the importance of educating Afri- tomorrow. They are not only part of regation we had the magnificent Mem- can Americans long before the Su- African American history, they are bers of this body, the honorable Bar- preme Court ruled on the part of American history, and the bara Jordan and Mickey Leland, both groundbreaking Brown v. Board of Edu- treasures they hold should be preserved graduates of Texas Southern Univer- cation. Additionally, many of those for generations to come. sity. Its neighbor just down the street, who were part of the legal team that Mr. Speaker, I celebrate EDDIE BER- Prairie View A&M University, has pro- won that case were educated and NICE JOHNSON for her leadership in duced some of the outstanding African trained at Howard University right bringing this bill to the floor. American engineers who have gone on here in our Nation’s capital. f to NASA and other institutions of en- Were it not for HBCUs, many of the gineering prominence to be able to be The SPEAKER pro tempore. Under a great black minds of our time would the scientists, the engineers, and the previous order of the House, the gen- not have had access to higher edu- mathematicians of this day and time. tleman from Texas (Mr. BARTON) is rec- cation. And some of the famous grad- It is interesting to note that histori- ognized for 5 minutes. uates include orator Booker T. Wash- cally black colleges have always been (Mr. BARTON of Texas addressed the ington; civil rights leader Dr. Martin alongside the black church, the place House. His remarks will appear here- Luther King; Supreme Court Justice where the fight for segregation to end after in the Extensions of Remarks.) Thurgood Marshall; world renowned could find a place of comfort. Many do opera singer Leontyne Price; enter- f not know that there were few places tainer Oprah Winfrey; and former The SPEAKER pro tempore. Under a that African Americans could meet in Members of Congress that have already previous order of the House, the gen- the 1800s and certainly in the 1900s. been noted, Kweisi Mfume and Parren tleman from Mississippi (Mr. THOMP- There were few places that African Mitchell. SON) is recognized for 5 minutes. Americans could meet as they began to The great State of Ohio boasts two (Mr. THOMPSON of Mississippi ad- strategize for the civil rights move- HBCUs, Wilberforce University and dressed the House. His remarks will ap- ment after the Brown v. Topeka Board Central State University. Named in pear hereafter in the Extensions of Re- of Education case of Thurgood Mar- honor of the great abolitionist William marks.) shall’s. They could meet at historically Wilberforce, Wilberforce University f black colleges. In fact, Howard Univer- was founded prior to the end of slavery sity is the anchor of civil rights law- HISTORICALLY BLACK COLLEGES in 1856 and is the Nation’s oldest pri- yers. The first place that civil rights vate African American university. Ms. JACKSON-LEE of Texas. Mr. lawyers could be trained was at How- Former Congressman Floyd Flake is Speaker, I ask unanimous consent to ard University. And major lawyers currently its President. Central State address the House for 5 minutes. who, of course, led the way of the civil evolved from what was once a State- The SPEAKER pro tempore. Without rights litigation of the 1950s and 1960s, funded department of Wilberforce Uni- objection, the gentlewoman from Texas lawyers who protected the rights of versity known as the Combined Normal is recognized for 5 minutes. civil rights workers in the Deep South, and Industrial Department. In 1941 the There was no objection. came out of historically black colleges. department expanded from a 2- to a 4- Ms. JACKSON-LEE of Texas. Mr. And they were the places where the year program, and in 1947 it legally Speaker, I am very honored to join in civil rights workers could meet, where split from Wilberforce, becoming the this Special Order, and I salute my col- the civil rights strategists could meet, College of Education and Industrial league the honorable EDDIE BERNICE with the likes of Martin Luther King, Arts at Wilberforce. The name was JOHNSON for her wisdom in selecting with the likes of Julian Bond, with the changed in 1951 to Central State Col- this time, September 10 through Sep- likes of Andrew Young, could meet and lege, and in 1965 the institution tember 16, to be able to honor our his- strategize. And, of course, many of achieved its university status. I am the toric historically black colleges across them were the products of African proud owner of an honorary doctorate America. American churches and denominations degree from Central State University. Where would we be today if we did that provided the resources for those I am proud to have strong connec- not have those refuges that allowed institutions. tions to HBCUs. Many of my family those ex-slaves to be able to come to a Let me speak of today because I members attended, including my late place of comfort and seek an edu- think there is a challenge for histori- mother, Mary Looney Tubbs, a grad- cational opportunity? The colleges cally black colleges, one, in our rec- uate of Alabama State University; my range throughout America, from New ognition, but they should be a chal- late sister, Mattie Browder Still, a York to North and South Carolina to lenge in this government. We have to graduate of Alabama State University; Georgia to Louisiana to Texas and do much better by historically black and my sister Barbara Walker, who at- many other places. They are the places colleges. If you compare the research tended Morris Brown College. Addition- where young people could not be edu- grants that have been given to other ally, my cousin Essie Baldwin attended cated elsewhere because of the dual so- institutions of learning, the black col- Alabama State and my cousin Joan ciety and the very hostile segregation leges have not had their equal share. Wilson attended Morris Brown. Four of that existed in America. These histori- That is patently unfair. And I am de- my staffers attended HBCUs. District cally black colleges created the oppor- lighted that Texas Southern University Director Betty Pinkney and my health tunities for geniuses to be educated. will be hosting in February of 2007 a liaison are proud graduates of Central I am very proud of several of the in- major minority institute research con- State. My Communications Director, stitutions in our State, and there are ference to focus on that absence of dol- Nicole Williams, a proud graduate of so many in the State of Texas, two lars coming from the Federal Govern- Spelman College; and my Scheduler, that happen to be in my jurisdiction ment because those colleges are equal Lalla King, a proud graduate of Morgan that I am particularly proud to men- too. I know they are equal because State University. tion: Texas Southern University that they rose to the occasion when the As we continue to celebrate our was created out of the segregated soci- flood waters and winds raged in the HBCUs this week, it is my hope that we ety of Texas. Heman Sweatt, who Gulf Coast region. Those schools that will begin to look at ways in which we wanted to attend the University of were devastated were able to seek ref- can increase funding and resources for Texas Law School, could not do so be- uge for their students in other histori- these historic institutions. Sadly, cause the doors were closed. So they al- cally black colleges. Dr. Francis, who

VerDate Aug 31 2005 03:45 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.118 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6622 CONGRESSIONAL RECORD — HOUSE September 14, 2006 heads up the Louisiana recovery, is the no end in sight to the insurgency and its failure to oversee the war and to President of Xavier University. I salute Iraq plunging into civil war; and after hold accountable those officials who him for his leadership. But his school finding no weapons of mass destruc- have failed our troops and the Amer- was devastated. But other historically tion, the very basis of that war, the ican people. That failure of oversight black colleges, like Texas Southern Vice President told the American peo- and the need to hold people account- University and Prairie A&M, were the ple that ‘‘if we had to do it over again, able has plagued Iraq from the very be- schools that opened their doors. So, we’d do exactly the same thing.’’ ginning, and because this Congress, frankly, I believe that we owe more to Never mind that the next day the this Republican Congress, refuses to those schools. Washington Post published an article hold the President to account, we keep And my closing words are simply on the front page entitled ‘‘Situation making the same mistakes over and this: Corporate America, wake up. You called Dire in West Iraq: Anbar is Lost over again. are losing the opportunity to partner- Politically, Marine Analyst Says,’’ On April 26 of this year, in the Inter- ship with major institutions, institu- which revealed that the Marine Corps national Relations Committee, I asked tions that go into the inner city and Chief of Intelligence had recently com- the administration witnesses in our provide opportunities for children who pleted a report that concluded the first hearing on Iraq whether they could not have the doors open else- prospects for securing Iraq’s western could name any individual who had where or their parents did not have the Anbar province are ‘‘dim’’ and that been held accountable for the myriad doors open elsewhere. Today they there is almost nothing the U.S. mili- failures in prosecuting the war on Iraq. tary can do to improve the political choose historically black colleges, but The witnesses were silent for an inter- and social situation there. According we must not throw away a huge per- minable 14 seconds before the Assistant to Vice President CHENEY, ‘‘if we had centage of Americans who are talented Secretary of State replied, ‘‘That is to do it over again, we’d do exactly the and ready to serve. Let us rise up as a way above our pay grade.’’ The answer, same thing.’’ however, is no one has been held ac- government, provide the research dol- Never mind that our invasion of Iraq lars, because they are equal. Let us be countable. was predicated on the need to neu- That lack of oversight, the absence of fair but not unfair. And corporate tralize Saddam Hussein’s active nu- accountability, the stubborn refusal to America, answer the call of fairness. clear weapons program and destroy his acknowledge that mistakes have been Provide the partnerships with histori- stockpiles of chemical and biological made has brought us to the precipice in cally black colleges so they too can weapons. But no weapons were ever Iraq. But as the Vice President re- continue to march into the 21st cen- found. According to Vice President vealed so clearly last week, the senior tury and provide the leadership that CHENEY, ‘‘if we had to do it over again, officials in our government still blithe- has paved the way for equality, justice, we’d do exactly the same thing.’’ ly insist, If we had to do it over again, and freedom for America. Never mind that retired senior mili- we would do exactly the same thing. I salute the historically black col- tary officers, former U.S. diplomats, Our troops in Iraq, their families leges. It is their week, but the Nation and a wide range of military and for- here at home, the families of those who belongs to them. As we belong to them, eign policy experts see our efforts to have served deserve better than a stub- they will continue to serve. pacify Iraq as undermined by a host of born insistence that all is well when it f mistakes the administration has made is not, that no mistakes have been The SPEAKER pro tempore. Under a in the prosecution of the war, including made when there have been many, that previous order of the House, the gen- the failure to bring enough troops to no correction in course will be made secure the peace and the catastrophic tleman from Indiana (Mr. BURTON) is because to do so would acknowledge recognized for 5 minutes. decision to stand down the Iraqi army. error. That is unacceptable. (Mr. BURTON of Indiana addressed According to our Vice President, ‘‘if we The Democrats will provide a new di- had to do it over again, we’d do exactly the House. His remarks will appear rection in America. The Democrats the same thing.’’ will provide a new direction for our na- hereafter in the Extensions of Re- Never mind that our troops went into marks.) tional security. There is no time more battle without adequate body armor than now when a new direction is nec- f and up-armored vehicles. According to essary. The SPEAKER pro tempore. Under a the Vice President, ‘‘if we had to do it previous order of the House, the gentle- over again, we’d do exactly the same f woman from Florida (Ms. CORRINE thing.’’ The SPEAKER pro tempore. Under a BROWN) is recognized for 5 minutes. Never mind that countless billions previous order of the House, the gen- (Ms. CORRINE BROWN of Florida ad- have been spent on reconstruction with tleman from Missouri (Mr. HULSHOF) is dressed the House. Her remarks will little to show for the effort, many bil- recognized for 5 minutes. (Mr. HULSHOF addressed the House. appear hereafter in the Extensions of lions unaccounted for. According to His remarks will appear hereafter in Remarks.) Vice President CHENEY, ‘‘if we had to the Extensions of Remarks.) f do it over again, we’d do exactly the same thing.’’ f THE CRISIS IN IRAQ Earlier this year House and Senate The SPEAKER pro tempore. Under a Mr. SCHIFF. Mr. Speaker, I ask Democrats unveiled our ‘‘Real Secu- previous order of the House, the gen- unanimous consent to speak out of rity’’ agenda that lays out a blueprint tleman from New Jersey (Mr. PAYNE) is turn. for a new direction in Iraq. Our plan recognized for 5 minutes. The SPEAKER pro tempore. Without calls for the establishment of full Iraqi (Mr. PAYNE addressed the House. His objection, the gentleman from Cali- sovereignty, provides for the respon- remarks will appear hereafter in the fornia is recognized for 5 minutes. sible redeployment of our forces to bet- Extensions of Remarks.) There was no objection. ter protect our troops and to facilitate f the transfer of authority, and provides Mr. SCHIFF. Mr. Speaker, Last Sun- TIME FOR A REALITY CHECK oversight, vigorous oversight, of the day Vice President CHENEY appeared on prosecution of the war and the recon- Ms. WOOLSEY. Mr. Speaker, I ask NBC’s ‘‘Meet the Press’’ and provided a struction of Iraq. This new direction in unanimous consent to speak out of vivid example of George Santayana’s Iraq was rejected by the Republican order. admonition that ‘‘those who do not majority in the House, which has en- The SPEAKER pro tempore. Without learn from the past are doomed to re- dorsed the President’s stay-the-course objection, the gentlewoman from Cali- peat it.’’ policy in Iraq, a policy which amounts fornia is recognized for 5 minutes. 1 After 3 ⁄2 years of bloody combat; to nothing more than more of the There was no objection. after our Nation has lost more than same. Ms. WOOLSEY. Mr. Speaker, on May 2,600 of our military’s finest; after 1, 2003, under a banner displaying the thousands more of our brave men and b 1830 words, ‘‘Mission Accomplished,’’ Presi- women have been wounded; after we The majority in this House is dent George W. Bush stated, ‘‘Major have spent more than $300 billion; with complicit in this failed policy through combat operations in Iraq have ended.’’

VerDate Aug 31 2005 03:45 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.121 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6623 In the summer of 2005, Vice President plan, and we must insist on a plan, to Coppin State University, also in my District, CHENEY told Americans that the so- bring our troops home. And it is time is demonstrating its crucial role in the commu- called insurgents of Iraq were in their to give Iraq back to the Iraqi people. nity by its ‘‘adoption’’ of nearby Rosemont Ele- last throes. But, most of all, it is time to tell the mentary School; and by the Nursing Center Fast forward to the morning papers President, no more. that offers affordable health care to the chil- this week. The Washington Post, and I I urge my colleagues, stand up for dren and adults in its vicinity. quote, ‘‘Situation Called Dire in West our troops. Cosponsor my bill, H.R. Mr. Speaker, we must continue to support Iraq; Anbar is Lost Politically, Marine 5875, the Iraq War Powers Repeal Act, these vitally important institutions of higher Analyst Says.’’ because, Mr. Speaker, enough is learning. The San Francisco Chronicle, quote, enough. It is time to bring our troops I applaud the President for his proclamation ‘‘Police Discover 65 Bodies Across home. acclaiming the contributions that HBCUs are making to all of America—and I urge him to Iraq.’’ f The New York Times, ‘‘New Wave of work with my colleagues in Congress to match The SPEAKER pro tempore. Under a Violence Flares Across Baghdad.’’ those words with the funding that these institu- The BBC, ‘‘Iran Offers Iraq Full Sup- previous order of the House, the gen- tions so desperately need. port.’’ tleman from Texas (Mr. GOHMERT) is Our historically Black colleges and univer- On top of that, according to the De- recognized for 5 minutes. sities are remarkably adept at accomplishing a partment of Defense, in September so (Mr. GOHMERT addressed the House. lot with a little, but they need more public sup- far 23 of America’s brave servicemem- His remarks will appear hereafter in port. Just look at the HBCUs hit by Hurricane bers died in this seemingly endless oc- the Extensions of Remarks.) Katrina that continued providing class ses- cupation. Throughout this occupation f sions in what can be termed less than ideal circumstances. I applaud their resiliency. there have been 2,900 coalition deaths. RECOGNIZING AND CELEBRATING Almost 2,700 of those are Americans. As we continue to celebrate HBCU week, let HISTORICALLY BLACK COLLEGES us not forget the social interest in keeping An average of 100 Iraqi civilians are AND UNIVERSITIES WEEK dying each day. them vital and thriving. Each year, HBCUs Mr. Speaker, it is time for a reality The SPEAKER pro tempore. Under a produce the leaders of tomorrow: writers, mu- check. The so-called insurgents are not previous order of the House, the gen- sicians, actors, activists, business leaders, in their last throes. The mission is not tleman from Maryland (Mr. CUMMINGS) lawyers, doctors—and Members of Congress. accomplished, far from it. is recognized for 5 minutes. Let’s honor these great American institutions This administration, the President, Mr. CUMMINGS. Mr. Speaker, it is a pleas- by supporting our Nation’s HBCUs both in the Vice President, Secretary Rums- ure for me to join my colleagues today in rec- rhetoric and in practice—by providing sufficient feld, and Secretary Rice, won’t admit ognizing the vital contribution historically Black funding for their continued existence. they have made a mistake. Instead of colleges and universities make to our Nation. f planning for withdrawal, which is sup- I am especially pleased for the opportunity to The SPEAKER pro tempore. Under a ported, by the way, by the American honor these great institutions, which have previous order of the House, the gen- people and the Iraqi public as well, this given the African American community so tleman from South Carolina (Mr. CLY- administration is wearing blinders and much for so many years. BURN) is recognized for 5 minutes. pressing on. They even have the very HBCUs have been in existence for more (Mr. CLYBURN addressed the House. nerve to question the patriotism of than a century, fulfilling the hopes and dreams His remarks will appear hereafter in anyone who dares to take off the rose- of many African Americans who might not the Extensions of Remarks.) colored glasses and speak the truth have otherwise had the opportunity to achieve f about the occupation of Iraq. the dream of higher education. And they are TRIBUTE TO HISTORICALLY What kind of America is that? Amer- still relevant and necessary today. BLACK COLLEGES AND UNIVER- icans are asking, they are asking, are As President Clinton once said, ‘‘Historically SITIES Black colleges and universities continue to we safer than we were 5 years ago? The SPEAKER pro tempore. Under a play a vital role by adding to the diversity and They know the answer; the answer is previous order of the House, the gen- caliber of the Nation’s higher education sys- no. They question why the President tleman from North Carolina (Mr. didn’t dedicate serious efforts to the tem. Furthermore, these institutions remind all ETHERIDGE) is recognized for 5 minutes. capture of Osama bin Laden. And they Americans of our obligations to uphold the Mr. ETHERIDGE. Mr. Speaker, I rise today know when they ask, is he working on principles of justice and equality enshrined in to join my colleagues in recognition of National that, the answer is no. And they also our Constitution.’’ Historically Black Colleges and Universities ask whether the President has dedi- While comprising less than 3 percent of all Week. This special week, the nation pays trib- cated serious efforts to being a partner American colleges and universities, HBCUs ute to HBCUs that make such a difference de- for peace in the Middle East, and the educate nearly 85 percent of African-American veloping young minds and shaping our future. results that they see prove that the an- college graduates in the United States. I am As defined by the Higher Education Act of swer is no. Instead, private citizens are among them. 1965, HBCUs are ‘‘any historically black col- being wiretapped, torture runs ramp- As a Phi Beta Kappa graduate of Howard lege or university that was established prior to ant, and the administration plays poli- University, and the proud father of another 1964, whose principle mission was, and is, the tics with the tragic events of Sep- Howard University graduate, I know firsthand education of black Americans, and that is ac- tember 11. the opportunities these great institutions pro- credited by a nationally recognized accrediting Is this the kind of America we want vide. agency or association determined by the Sec- to pass on to our children? Is this the In 2004, HBCUs turned out 131,241 African- retary (of Education) to be a reliable authority kind of America that will win us American graduates with 4-year bachelors de- as to the quality of training offered or is, ac- friends on the world stage? The answer, grees. That represents the highest number of cording to such an agency or association, of course, is no. It is time for a reality degrees awarded to African Americans in this making reasonable progress toward accredita- check. It is time to support an alter- Nation’s history—more than double the tion. native to these misguided policies. amount awarded in 1990. Nearly fourteen percent of our country’s Afri- Mr. Speaker, I urge my colleagues on In the 7th District of Maryland, which I rep- can American students in higher education are both sides of the aisle to seriously con- resent, Baltimore’s Morgan State University enrolled at HBCUs. These colleges and uni- sider whether our current policy is now ranks 8th nationally in the number of bac- versities are preparing a new generation of going in the right direction, because calaureate degrees earned by African Ameri- leaders, business people, teachers and schol- Congress has the power to change it. cans. ars. They play a vital role in ensuring that our Congress has the power to make the And these institutions are not just providing higher education system is the finest in the much-needed changes. And one impor- opportunities to their students. Across the world. This year’s HBCUs Week is themed, tant change for Congress to make length and breath of America, the more than ‘‘The Tradition Continues: New Successes and would be to resume our constitutional 100 HBCUs are having a positive impact upon Challenges,’’ which is a tribute to the rich tra- role and revoke the President’s Iraq the communities in which they are located— dition of HBCUs and the enduring role they war powers. We could also insist on a and upon the Nation as a whole. play in the weave of our social fabric.

VerDate Aug 31 2005 05:12 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00087 Fmt 4634 Sfmt 9920 E:\CR\FM\K14SE7.128 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6624 CONGRESSIONAL RECORD — HOUSE September 14, 2006 North Carolina is home to several HBCUs, American, or student of any race, to receive a While these statistics overwhelmingly dem- and I am particularly proud of the two in my high quality education. In 1965, Congress offi- onstrate the importance of HBCUs, the proof Congressional District; Shaw University and cially defined an HBCU in Title III of the High- of the power of an HBCU is in the success of Fayetteville State University. er Education Act as an institution: whose prin- its graduates. I am proud to serve with 15 Shaw University, located in Raleigh, was cipal mission was the education of black members of the U.S. House of Representa- founded in 1865, making it the oldest HBCU in Americans; that is accredited; and that was tives that are graduates of these fine institu- the South. Shaw is a private, coeducational, established before 1964. tions. liberal arts university, awarding degrees at The first HBCU, Cheney University in Penn- Mr. Speaker, HBCUs have played an impor- both the undergraduate and graduate levels. sylvania, was founded in 1837. Today, there tant role in educating African-American stu- Affiliated with the Baptist Church, the primary are 105 Historically Black Colleges and Uni- dents. I would like to commend them for their mission of the University is teaching with the versities. I am proud to have 5 HBCUs in my past efforts and wish them continued success commitment to maintain excellence in re- home State of Virginia: Hampton University, in the future. I am confident that HBCUs will search and academic programs that foster in- Norfolk State University, Saint Paul’s College, continue to ensure that students of all races tellectual enhancement and technological Virginia State University, and Virginia Union receives a quality higher education. skills. Shaw stresses character development, University. f which includes religious, cultural, social and HBCUs graduate far more than their share The SPEAKER pro tempore. Under a ethical values. The Student Nonviolent Coordi- of African American professionals. While the previous order of the House, the gen- nating Committee, a major force in the Civil 105 HBCUs represent just 3 percent of the tleman from Arkansas (Mr. SNYDER) is Rights Movement, got its start at a conference Nation’s institutions of higher learning, they recognized for 5 minutes. held a Shaw in 1960. Dr. Clarence G. graduate nearly one-quarter of African Ameri- (Mr. SNYDER addressed the House. Newsome currently serves as President of cans who earn undergraduate degrees. His remarks will appear hereafter in Shaw University. HBCUs, because of their unique sensibility the Extensions of Remarks.) Fayetteville State University is a constituent to the special needs of young African Amer- f institution of the University of North Carolina. ican minds, remain the institutions that dem- The SPEAKER pro tempore. Under a The primary mission of the university is to pro- onstrate the most effective ability to graduate previous order of the House, the gen- vide quality education to its students through African American students who are poised to tleman from New Jersey (Mr. PALLONE) a basic liberal arts foundation, specialized pro- be competitive in the corporate, research, aca- is recognized for 5 minutes. fessional training, and specific graduate pro- demic, governmental and military arenas. (Mr. PALLONE addressed the House. grams. The university is fully accredited by the Consider these statistics: His remarks will appear hereafter in Southern Association of Colleges and Experts in their chosen field the Extensions of Remarks.) Schools. In addition, individual university de- Over half of all African American profes- f partments, degree programs, and service sionals are graduates of HBCUs. The SPEAKER pro tempore. Under a functions hold memberships and accredita- Nine of the top ten colleges that graduate previous order of the House, the gen- tions with appropriate professional organiza- the most African Americans who go on to earn tleman from New York (Mr. HINCHEY) tions. Chancellor T.J. Bryan is the tenth Chief Ph.D.s are HBCUs. is recognized for 5 minutes. Executive Officer of the 138-year old HBCU More than 50 percent of the Nation’s African (Mr. HINCHEY addressed the House. and the first female to head the institution. American public school teachers and 70 per- His remarks will appear hereafter in Mr. Speaker, as the former Superintendent cent of African American dentists earned de- the Extensions of Remarks.) of North Carolina’s public schools, I know well grees at HBCUs. f the outstanding contributions made to our HBCUs Spelman College and Bennett Col- The SPEAKER pro tempore. Under a state and nation by Shaw University, Fayette- lege produce over half of the nation’s African previous order of the House, the gen- ville State University and all of our Historically American female doctorates in all science tleman from Illinois (Mr. EMANUEL) is Black Colleges and Universities, and I am fields. recognized for 5 minutes. pleased to join my colleagues in paying tribute Excellent Institutions (Mr. EMANUEL addressed the House. to national HBCUs Week. As ranked by Black Enterprise in 2003, His remarks will appear hereafter in seven of the top ten ‘‘Top Colleges and Uni- f the Extensions of Remarks.) versities for African Americans,’’ including the f The SPEAKER pro tempore. Under a top six, were HBCUs. previous order of the House, the gen- The SPEAKER pro tempore. Under a HBCU Xavier University #1 nationally in previous order of the House, the gen- tleman from Arkansas (Mr. ROSS) is placing African-Americans into medical school. tleman from Oregon (Mr. DEFAZIO) is recognized for 5 minutes. HBCUs also dominate the upper echelon in (Mr. ROSS addressed the House. His recognized for 5 minutes. terms of numbers of African American grad- (Mr. DEFAZIO addressed the House. remarks will appear hereafter in the uates per school for the last academic year Extensions of Remarks.) His remarks will appear hereafter in Seven of the top eight producers of African- the Extensions of Remarks.) f American baccalaureates overall were HBCUs, including #1 Florida A&M University f IN RECOGNITION OF HBCU WEEK and #2 Howard University. THE WEEK THAT WAS The SPEAKER pro tempore. Under a Sixteen of the top 21 producers of African The SPEAKER pro tempore. Under a previous order of the House, the gen- American baccalaureates in biological and bio- previous order of the House, the gen- tleman from Virginia (Mr. SCOTT) is medical sciences were HBCUs, including the tleman from Washington (Mr. recognized for 5 minutes. entire top six: Xavier University of LA (#1), MCDERMOTT) is recognized for 5 min- Mr. SCOTT of Virginia. Mr. Speaker, today Hampton University (#2), Howard University utes. I rise to recognize Historically Black Colleges (#3), Morgan State University (#4), Jackson Mr. MCDERMOTT. Mr. Speaker, What a and Universities Week. Historically Black Col- State University (#5), and Tennessee State week this has been. It began on Sunday when leges and Universities play a critical role in the University (#6). the President dispatched his Secretary of American higher education system. This year’s Eight of the top nine producers of African State and Vice President to the Sunday talk- theme—‘‘The Tradition Continues: New Suc- American baccalaureates in mathematics and shows to re-create the Administration’s fiction cesses and Challenges’’—is especially fitting statistics were HBCUs: #1 Morehouse Col- that Iraq and al-Qaeda were connected. considering the precarious state of affairs of lege, #2 South Carolina State University, #3 Their appearances came shortly after the higher education funding and student aid for Alabama State University, #3 Spelman Col- Republican controlled Senate Intelligence all institutions of higher education. These lege, #5 Southern University and A&M Col- Committee told the American people in a bi- theme is also appropriate as many HBCUs lege, #6 Tennessee State University, #7 partisan report that there were no ties be- around the country welcomed students dis- Hampton University, and #9 Howard Univer- tween Iraq and al-Qaeda. No Ties. placed last year by Hurricane Katrina. sity. But, the Secretary of State and Vice Presi- For most of America’s history, African Amer- Three of the top five producers of African dent wouldn’t let the facts stand in the way. In icans who received a college education could American baccalaureates in psychology were appearance after appearance, they kept telling only get it from and HBCU. Today, HBCUs re- HBCUs: #1 Florida A&M University, #3 Hamp- the American people to be afraid, to believe main one of the surest ways for an African ton University, and #5 Howard University. their fiction about Iraq.

VerDate Aug 31 2005 05:12 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00088 Fmt 4634 Sfmt 9920 E:\CR\FM\K14SE7.132 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6625 The truth affirmed—again—that there was Republicans will only say what the President all of its agencies, it controls the no national security interest served by invad- wants you to hear. And it is not the truth. The House of Representatives and the ing Iraq. American people are getting that somewhere United States Senate, and in the proc- The President diverted the nation from Af- else. Republicans gave us fear and fiction ess, has stifled opportunity for over- ghanistan and the hunt for bin Laden. around the fifth anniversary of 9/11. Just imag- sight and review and a thorough dis- And, the President diluted our resources by ine what they have in store for us in the cussion on the pressing issue of Iraq continuing to commit manpower and money to weeks ahead. that concerns the entire American re- the wrong place, at the wrong time, without a Fear has never made America safer. But public. I commend my colleagues for national security priority. Instead of leading that’s all the Republicans have to offer. And having initiated The Iraq Watch. America back to the front line of the war on that’s simply not enough to protect and defend This evening, as in others, we start terror, the President continues to push Amer- America in the 21st century. with an acknowledgement that, fortu- ica deeper into a civil war in Iraq. f nately, because of the efforts of so The fifth anniversary of 9/11 could have The SPEAKER pro tempore. Under a many who have served in our military, been marked by the President leading the na- previous order of the House, the gen- we in Congress on both sides of this tion in quiet, personal reflection. Instead, the aisle have come to understand and dif- tleman from Michigan (Mr. STUPAK) is President used a prime time television ad- recognized for 5 minutes. ferentiate between the war and the dress to try to shore up his own faltering sup- (Mr. STUPAK addressed the House. warriors, those brave men and women port among the American people. who serve our country on a daily basis The Administration’s singular focus today is His remarks will appear hereafter in the Extensions of Remarks.) and who are in harm’s way in Iraq, in to sustain a fiction about Iraq and al-Qaeda. Afghanistan, and around this globe on They are trapped inside their own rhetoric and f our behalf. We come here because we keep talking as if that will produce a different The SPEAKER pro tempore. Under a desire an opportunity to speak truth to outcome. previous order of the House, the gentle- power. On Sunday the Vice President gave us fear. woman from California (Ms. ZOE Earlier this evening, one of our es- On Monday, the President gave us fiction. On LOFGREN) is recognized for 5 minutes. teemed colleagues from the other side Tuesday, the Republican Majority Leader gave (Ms. ZOE LOFGREN of California ad- rose and said, ‘‘What are the Demo- us inflammatory rhetoric worthy of a nation dressed the House. Her remarks will crats for?’’ We are for an administra- without Democracy as its form of government. appear hereafter in the Extensions of tion that will level with the American Terrified at the prospect of losing power, Remarks.) people, starting first and foremost with Republicans will say anything to make people f leveling with our troops, especially the afraid. The SPEAKER pro tempore. Under a families of our troops; specifically, the In a meeting with reporters, the majority previous order of the House, the gen- Reservists and National Guardsmen leader wondered aloud whether Americans tleman from California (Mr. HONDA) is who have been deployed, redeployed, who disagree with the President might be giv- recognized for 5 minutes. deployed, and redeployed again in Af- ing aid and comfort to the enemy, might be (Mr. HONDA addressed the House. ghanistan and Iraq with no certainty guilty of treason. His remarks will appear hereafter in given to them. And we are for an ad- The U.S. Supreme Court ruled that we are the Extensions of Remarks.) ministration that is worthy of the sac- a nation of laws, not men, even in a time of rifice that has been put forward by the war, and that the President must follow the f The SPEAKER pro tempore. Under a men and women of our armed services. law like everyone else. Instead of affirmation, Franklin Delano Roosevelt said, previous order of the House, the gentle- we got accusations last night from a Repub- ‘‘The only thing we have to fear is fear woman from California (Ms. ESHOO) is lican leader. itself.’’ And in this very solemn week recognized for 5 minutes. The President, Vice President and Speaker where we pause to reflect on our brave (Ms. ESHOO addressed the House. of the House—all Republicans—were silent in heroes of 9/11, those innocent people Her remarks will appear hereafter in response. who perished in the towers in New We are going to need a lot of jail cells to the Extensions of Remarks.) York, at the Pentagon, and in the house the millions of Americans, including the f fields of Pennsylvania, and those brave Supreme Court, who believe America is a na- The SPEAKER pro tempore. Under a and valiant first responders who rallied tion of laws worth defending and upholding. previous order of the House, the gen- to the call in New York, here at the The majority of the American people want tleman from California (Mr. SHERMAN) Pentagon and in Pennsylvania, we are their government to remain Of the People, By is recognized for 5 minutes. for the vigilance of the survivors, and the People and For the People. (Mr. SHERMAN addressed the House. Republicans have a different vision. They victims of 9/11 who called and prevailed His remarks will appear hereafter in govern by accusation in order to obtain acqui- upon this body to pass all the 9/11 rec- the Extensions of Remarks.) escence. ommendations. Since Sunday, Republicans have moved f We are for passing all the 9/11 rec- ommendations, more than half of from fear, to fiction, from inflammatory rhetoric IRAQ WATCH to closed debate. which have not been enacted by this House Republican leaders are not inter- The SPEAKER pro tempore. Under Congress 5 years after September 11. ested in having America stand united. the Speaker’s announced policy of Jan- We are for accountability, as Mr. That’s why they passed a resolution that uary 4, 2005, the gentleman from Con- SCHIFF pointed out in his comments, has to do with clinging to power, not 9/11. necticut (Mr. LARSON) is recognized for because we understand that in a one- The resolution will not make America safer, 60 minutes as the designee of the mi- party town where there is no oversight but it was passed in the hope of making Re- nority leader. and review and no one willing on the publicans safer. Mr. LARSON of Connecticut. Mr. other side of the aisle to speak truth to The Republican resolution was about No- Speaker, I once again thank distin- power, that it falls on the shoulders of vember 7, not September 11 and Republicans guished members who will be joining the Democrats to speak out on behalf sacrificed patriotism for political ambition. me here on the floor to continue a of the American public, to speak truth Trapped by their own rhetoric, and led by a process that was begun by Mr. where there has been little. President who has lost the trust of the Amer- DELAHUNT, Mr. ABERCROMBIE, Mr. Graham Allison pointed out that the ican people, Republicans have retreated to KUCINICH, and Mr. INSLEE called The occupation in Iraq has placed us in a their last stand—Making you afraid. Iraq Watch. situation where we have diverted es- Every time they rise, remember this: Repub- This was formed in the spirit of un- sential resources from the fight against licans have propped up this President by derstanding, as I think the Nation has al Qaeda, allowed the Taliban to re- spending more on the Iraq War than on do- come to understand, that within this group in Afghanistan, fostered neglect mestic security. Many Republicans in this Beltway and within this Nation and of the Iranian nuclear threat, under- House know the truth. They just can’t speak it, specifically here in Congress, that we mined alliances critical to preventing for fear of being outed by their own Party have one-party rule. The Republican terrorism, devastated America’s stand- Leadership. Party controls the administration and ing with every country in Europe, and

VerDate Aug 31 2005 03:45 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.066 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6626 CONGRESSIONAL RECORD — HOUSE September 14, 2006 destroyed it in the Muslim world. We that merely said let the United Nations rific events of 9/11 were somehow con- are for a new direction for this country complete its inspections process. Now, nected to the war in Iraq and to Sad- and for America’s preeminent position had that amendment passed, lives dam Hussein. They are not. It is time on this globe where we have such enor- would have been saved, Iraq would not to bring our troops home. mous responsibility. be what it is today, and that is a ter- It is time to support Congresswoman We ought to start that new direction rorist training ground, and America WOOLSEY’s H.R. 5875 and revoke the and send a very clear signal to the would not have lost its standing in the War Powers Act, or the war powers au- world, to Iraq, and to the men and world. thorization that this House and the women of our military that it is time Congresswoman MAXINE WATERS, Senate gave to the President. for accountability. And we can start Congresswoman WOOLSEY, Congress- Mr. LARSON of Connecticut. I thank that, as Jack Murtha indicated earlier, man HINCHEY, and many others partici- the gentlewoman from California for with a call for Secretary of Defense pated in the Downing Street memo once again providing us with very clear Donald Rumsfeld to step down, for, as hearings, where it was revealed and ex- insight into the ramifications of the Mr. SCHIFF pointed out and the Vice posed and demonstrated factually that administration’s failed policy. As our President said clearly this past Sun- the administration concocted the intel- colleague from Missouri (Mr. SKELTON) day, if they had to do it all over again, ligence and used what they had to points out, there are two distinct wars they would do it exactly the same way. cherrypick and fix the facts as they that are going on. There is the war on And the President, in a moment of can- saw it to justify this war and invasion. terror, more appropriately it should be dor, said in fact, the hardest thing that Hundreds of thousands of people called the war against al Qaeda, where, he has found has been linking terror around our country signed petitions. as the gentlewoman points out, Amer- with the war in Iraq. We delivered those petitions to the ica has diverted its resources away White House saying this war should from Afghanistan and the chief target, b 1845 end; that there were no weapons of the person responsible for bringing At this time I would like to recognize mass destruction; that this was wrong down the World Trade Center towers the gentlewoman from California, Rep- and that we should get out. and the bombing at the Pentagon and resentative LEE, who has stood in this And last Friday, the bipartisan Sen- the failed attempt to hit this Capitol well so many times and prevailed upon ate Intelligence Committee report re- with the downed plane in Pennsyl- this body to come to grips with this futed one of the administration’s key vania. war in Iraq. justifications for going to war in Iraq; I commend the gentlewoman for her Representative LEE. the claim that Saddam Hussein and al remarks and thank her for joining us Ms. LEE. Let me thank the gen- Qaeda had ties in planning 9/11. There this evening. Ms. LEE. Let me just thank you tleman for yielding and also for your was no connection between them and, again for your calling this special hour leadership and for that very powerful again, the Senate Intelligence Com- and for allowing all of us to partici- statement. And I want to thank you for mittee, bipartisan committee, said pate, and also for reminding us that as reminding the country that this is one- that. we promote democracy abroad, espe- party rule, and that there are no The war in Iraq is a war of choice by cially in Iraq, we are shutting it down checks and balances, and that, unfortu- this administration. And what has re- nately, there is no accountability. here in America. sulted? This war and the continuing oc- Mr. LARSON of Connecticut. I thank I appreciate the opportunity to par- cupation has created a terrorist train- ticipate with you tonight, and again the gentlewoman from California, and I ing ground in the heart of the Middle would like to recognize at this time the thank you very much for calling this East. It has really created and fueled gentleman from New York (Mr. HIN- special order and for Iraq Watch. more anti-American sentiment and has CHEY). This week has been the fifth anniver- been a powerful recruiting tool for ter- Mr. HINCHEY. I want to thank my sary of the tragic terrorist attacks of rorists. It has emboldened Iran and good friend and colleague for setting September 11, 2001, and we should be North Korea. It has diverted our focus aside this hour and giving us an oppor- commemorating the lives of those who and resources from pursuing Osama bin tunity to focus attention on the cir- died. We should be coming together as Laden and al Qaeda. It has cost us the cumstances in Iraq and the con- a Nation to grieve and to remember the lives of 2,700 brave men and women, sequences of our response to the attack men, women, and children who lost with over 20,000 wounded, and Iraqi ci- of September 11, 2001. their lives that day. We should be hon- vilians dead. We have committed over This week we marked 5 years, and oring the courage and the heroism of $400 billion to this war and this occupa- today 5 years and 3 days, since that at- our first responders and those who put tion has now fueled a civil war. It has tack of September 11, 2001, against the themselves in harm’s way to help oth- left our military overstretched and un- World Trade Center, the Pentagon, and ers. able to respond to crises in other areas. Flight Number 93 that, as a result of But, instead, as we have seen, Repub- I tell you, the bottom line is our Na- the heroism of the people on board, licans are politicizing this solemn an- tion now is less safe due to this unnec- crashed into a field in Pennsylvania niversary by shamelessly attempting essary war in Iraq. The 9/11 Commis- rather than into this Capitol building to hide the administration’s failure to sion has given the Bush administration on that particular day. make our Nation safer, and, quite and this Republican Congress D’s and There is no question that people who frankly, failing to hold accountable F’s in terms of how we have moved for- were responsible for that attack were those who perpetrated the attacks, and ward in keeping our Nation safe and brutal, devastating, and without con- that is Osama bin Laden. implementing these recommendations. science. However, the main danger that Bin Laden is still at large. He is alive There can be no ‘‘stay the course’’ in has been focused on our country came and well. The Taliban is resurgent in a no-win occupation. There can be no about not as a result of the attack but Afghanistan. Why? Because the Bush ‘‘stay the course’’ as long as our troops more as a result of the response of our administration pulled troops out of Af- remain the target of the insurgency. government to that attack. ghanistan to send them to Iraq. But We must go in a new direction. We We have seen, for example, that Iraq had nothing to do with 9/11. The have to bring our troops home and end shortly after our invasion of Afghani- President, as you said earlier, has ad- this occupation. And when they come stan to upset the Taliban, which were mitted this. home, we must make sure that they all housing the al Qaeda network, after we Now, the members of the Out of Iraq come home and ensure there be no per- had taken the Taliban out of power in Caucus have been saying that even be- manent military bases in Iraq. Afghanistan and chased the al Qaeda fore we went into this illegal, immoral, Eighty-four percent of America’s top network out of Kabul and Kandahar, and unnecessary war. There were no national security experts have said how this administration stopped the weapons of mass destruction in Iraq, that America is not winning this war pursuit of the main perpetrators of and we knew this. During the debate on on terror. So it is time that we stop that attack, the al Qaeda network and the authorization to use force, if you misleading the American people by their principal leader, Osama bin remember, I offered an amendment trying to convince them that the hor- Laden. It was a conscious decision

VerDate Aug 31 2005 05:12 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.146 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6627 made by this administration not to go marks just a few minutes ago, we have very clear to me when you lead, people after Osama bin Laden and, therefore, here, in effect, a rubber stamp Con- will follow. not to capture him. gress, a monolithic government here in Just under 2 years ago I believe I was Now, obviously, one has to ask the Washington, a Congress that has aban- the first person to request of the Presi- question: Why? The only sensible an- doned its responsibilities under the dent that he bring our troops home. My swer to that question is this: The ad- Constitution to ensure that the admin- request had just under 20 signatures on ministration did not want to capture istration is behaving in a lawful way; a letter to him. Osama bin Laden, the brains, the main to be certain that the administration is Then we had a hearing, informal perpetrator behind that attack. Be- adhering to the provisions of our law hearing with Senator Max Cleland and cause if he had been captured, then the and the provisions of our constitution. generals and an Iraqi citizen. It was bi- argument of the administration that In fact, we see clearly that this ad- partisan and the room was full. We had there was a connection between the at- ministration is violating the law and a little bit of press, not much, but it tack of September 11 and Iraq, and the violating the Constitution, but the Re- was a good hearing. It was about why need to invade Iraq, that argument publican majority in this House has we are there and why we shouldn’t be would essentially have evaporated. If done absolutely nothing about it. So there. Osama bin Laden had been captured, the opportunity that you present here Following that we had an amend- there would have been no logical ra- tonight by reserving this hour is an im- ment of mine that came to the House tionale for invading Iraq. portant one, and there are other people floor. Some folks asked me not to call Mr. LARSON of Connecticut. If the who will come and speak about this for a vote on it because they thought it gentleman will yield, because the ques- issue also in very important ways. would be embarrassing to all of us. But tion has been put forward on this floor Everything we do has got to be fo- 128 Members of this House, a bipartisan on more than one occasion, and the cused on the illegality of these actions effort actually, voted to tell the Presi- query is: How is it that this great coun- and the way in which they are to be dent to put together a plan to bring our try of ours could go from having vir- corrected so that we can begin to re- troops home and bring that plan to the tually the entire world supporting us, ensure the security of the United appropriate committees in the House of because of exactly what happened in States and begin to reestablish our po- Representatives. your great New York City? In Paris, sition in the world of admiration and Since then we have written a letter they said, ‘‘Today We Are All Ameri- respect from other people around the to the President that over 50 Members cans.’’ We join with Americans in the world. We have a big job to do and we signed saying, Mr. President, bring our fight against al Qaeda in Afghanistan. must engage ourselves in that job very troops home. Do this in a multi- And we went from having the entire pointedly and aggressively, and I thank national way with multilateral in- world with us to virtually having the you for reserving this time. volvement. Work with the Iraqis on re- world opposed to us, devastating our Mr. LARSON of Connecticut. I thank construction in a nonmilitaristic standing around the world and ruining the gentleman from New York for his stance, and work with them for rec- it with the Muslim world. insightful comments. And, again, we onciliation. Mr. HINCHEY. Your point, of course, all share with you and all New York- Then I introduced legislation that I is a very good one. And what caused ers, as well as people from the Pen- talked about earlier tonight to repeal that, caused the people of the world, tagon and in the fields of Pennsyl- the President’s Iraq war powers be- who had been united with us after the vania, Flight 93, a great sorrow at the cause that is one way to tell him attack of September 11, 2001, but be- loss of so many valiant Americans. And enough is enough. This is not a war, came disunited from us, became ques- I want to commend you for your will- this is an occupation. tioning of our attitudes and actions, all ingness to come to this floor and speak We are going to have another hearing of that came about as a result of the truth to power. on September 26. This is the third falsification of information by this ad- Someone who has done so on more forum, and it is on the cost, the human ministration to the Congress of the than 170 occasions, from the same spot cost, the cost to our treasury and the United States and the people of the on this floor, is Lynn Woolsey. She has cost to our reputation. I hope many United States alleging that there was a risen and called out and has spoken out Members will attend it. You see, that connection between Iraq and Saddam against the war in Iraq, and so at this is what the people of this country are Hussein to the attack of September 11, time I yield to the gentlewoman from looking for and these are the people 2001, and subsequently alleging that California. down on the floor with you that to the Saddam Hussein had so-called weapons best of our ability are trying to pro- of mass destruction, chemical and bio- b 1900 vide, and that is leadership, leadership logical weapons, and a nuclear weapons Ms. WOOLSEY. Mr. Speaker, I would to catch up with them, the public, so program, when all of the major intel- like to thank Mr. LARSON and Iraq we will indeed do the right thing and ligence given to the administration Watch for what you have been doing to stop the death and destruction that is said that there was no evidence of so- bring attention to the follies of what is going on that we are causing because of called weapons of mass destruction. going on in Iraq. our very presence over there. And it was clear that there was no I will stay here and talk back and Mr. LARSON of Connecticut. I thank connection between Saddam Hussein forth, but we have folks here who have the gentlewoman for her vigilance in and Osama bin Laden. If anything, the been so important, MAXINE WATERS and this matter and in coming to the floor. two were enemies, not united in any DONALD PAYNE and I saw BILL To her point, as Thomas Friedman has way. They are antagonists, and cer- DELAHUNT, who are all part of this, and pointed out, in Iraq with regard to the tainly, then, no connection between al we want everybody to have their say. occupation and the United States’ Qaeda and Iraq. And the world saw the What I want to emphasize is that the once-lofty goal that was envisioned in falsification of that information and people of this country, the people of terms of creating democracy in Iraq, they began to back away from us. And this world know that this was a mis- categorized us as no longer midwifing a eventually so many people and so take. Our very own constituents are democracy, but in essence baby-sitting many countries around the world ahead of the Members of Congress that an insurrection and a civil war. turned their backs on the United they have elected to serve them be- So even people that were slow to States because of the falsification of cause they know we should leave Iraq. come around to your point of view and information by this administration and They tell us that. the point of view held by many others the perils that they saw our country What they don’t know, however, is have now been joined by no less than engaged in in the Middle East, and to how to make it happen. Guess what, eight generals, as Mr. DELAHUNT points some extent here at home. that is not their job. It is our job. It is out time and time again on this floor. So we have a responsibility. And I our job to say, Mr. President, com- But also if you go back to the very think that that responsibility falls mander in chief, stop this war. Put to- beginnings and the lead-up to this war, mainly on the Democratic Party. Be- gether a plan and bring our troops who were the most outspoken critics cause, as you pointed out in your re- home. You see, that is our job. It is leading up to this war? In fact, it was

VerDate Aug 31 2005 03:45 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.148 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6628 CONGRESSIONAL RECORD — HOUSE September 14, 2006 not MAXINE WATERS or BARBARA LEE or have been in today if our troops were Iraq Caucus and has been equally vigi- even LYNN WOOLSEY, it was Scowcroft, sent to Afghanistan in the numbers lant in her efforts and leadership on Eagleburger, and Baker because they that we have sent to Iraq. By this time that front. understood as internationalists the I am sure Osama bin Laden would be I now recognize MAXINE WATERS. problem that would be created in Iraq behind bars or not alive at all. Ms. WATERS. Thank you very much. if we diverted resources from Afghani- We could still have Iraq contained I would like to thank the gentleman stan and didn’t pursue the goal of cap- with the no-fly zone because they could from Connecticut not only for his lead- turing and bringing to justice Osama not come in or go out. We had Preda- ership in the caucus, but for his leader- bin Laden, but instead got involved in tors watching. We knew where Saddam ship on Iraq Watch. The work that you a war of choice that was misguided and Hussein had lunch every day. It was have been doing and that which you do misdirected by an administration that bombed one day, but he left a few min- tonight, bringing us here to the floor, was blind on two fronts. Blind to the utes early. They were going nowhere in to continue this discussion, to continue sacrifice that would take place on be- Iraq. this debate and to focus on what is half of our brave men and women, and Osama bin Laden, in fact, talked as wrong with the leadership at the White also to the policies that they were pur- badly about Saddam Hussein as he did House is extremely important work; suing and the ramifications of those about the United States’ leaders. But and I thank you for it. policies both abroad and here at home. what did we do? Hans Blitz and the in- I am also pleased that we had so Someone who understands that and spectors were given full range of the many Members come tonight. I am has been an advocate of human rights country. And when that announcement pleased that the members of the Out of for his entire career here in the United was made by the Government of Iraq, Iraq Caucus, who have been for over a States Congress, someone who has President Bush said, Get out in 48 year and a half trying to make this a traveled all over this globe and ad- hours. real priority in this Congress, I thank dressed the issue of human rights is the Why would you do that? They knew you all for this evening. Congressman from New Jersey, DONALD that they didn’t have weapons of mass Let me just remind the Nation of PAYNE, and at this time I recognize destruction in Iraq. The bluff was over. these facts: As of today 2,671 soldiers him for his remarks. So Saddam Hussein decided to let them are dead, American soldiers killed in Mr. PAYNE. Let me thank the gen- go anywhere because I don’t have Iraq; 20,113 injured in Iraq. The total tleman from Connecticut for taking them. And, therefore, they will see cost of the war, more than $318 billion. this special order and let me acknowl- that the bluff is over. No, the President And it will cost approximately $370 bil- edge your great leadership as a leader ordered the strikes. lion by the end of the year. The cost of in the Democratic Caucus. Let me also I will conclude because there are the war per month at that rate is $8.4 commend BARBARA LEE and LYNN other Members here and I could go on billion per month. The cost per week, WOOLSEY for their leadership as co- and on and on. However, I was the one $1.9 billion. And every day we are chairs of the Progressive Caucus where who controlled the 2-day debate where spending $275 million a day. they have continually talked about we debated giving the President the au- b 1915 progressive issues in this country and, thority to having an attack on Iraq, a in particular, the question of Iraq; and preemptive strike. I was convinced we Now this war has been raging for to commend Congresswoman WOOLSEY should not choose war, we should more than 3 years. We know now, and for her record of maybe 100 days con- choose diplomacy. Just think, Afghani- even the President cannot even pretend secutively speaking out against the stan would have been settled and we that he does not know that Iraq and war, day in and day out. could have contained Saddam Hussein, Saddam Hussein had nothing to do Five years ago, on September 11, we but it was decided that we should go to with the 9/11 terrorist attacks. The Iraq had a tremendous amount of sympathy war. Mission accomplished. war has taken resources away from the around the world. Everyone was with We are losing lives every day. It was finding and punishing of those respon- us. People throughout the world said wrong. We need to come up with a sane sible for the 9/11 terrorist attacks. this was a dastardly act. Seven hun- plan to conclude this civil war that is For example, the administration dred persons from my State perished. in Iraq and move on to making our pulled Arabic speaking Special Forces Flight 93 that left Newark Airport, in- country a safer place. teams who were hunting Osama bin cluding Ms. Wanda Green, a delightful Mr. LARSON of Connecticut. I thank Laden in Afghanistan and redeployed African American woman, a flight at- the gentleman from New Jersey, and I them to Iraq. Because resources have tendant who traded with a friend who am reminded in the poignancy of his been diverted from Afghanistan, and asked her if she could take her duty be- story, having traveled to the Middle the administration has been distracted cause of a conflict and she would East several times with Jack Murtha, by the Iraq war, Osama bin Laden is switch and take Ms. Green’s original of a discussion we were having with our still free, and the Taliban has re- duty which was not on 9/11. Ms. Green ambassador to Saudi Arabia who, when grouped in Afghanistan. passed away on that infamous Flight I inquired of him that it seemed like Violence in Afghanistan is going on 93. I met with her two children at the there was a gathering storm in Saudi every day, and much of it certainly is church in Linden where she lived. They Arabia with more than 35 percent un- attributed to the Taliban. This year are college-age students. Ms. Green was employment and median income more than 2,300 people have been killed a divorcee and was the one taking care amongst the people there dropping in Afghanistan, including 151 who have of the family. from $28,000 to under $7,000, he said to been killed in suicide bombings; 276 So this is very personal with all of me: ‘‘Congressman, gathering storm?’’ U.S. servicemembers have been killed us. From my house as I moved out to He said, ‘‘You’re from New England?’’ in Afghanistan, and nearly 1,000 more the corner and looked over, the World I said, ‘‘That’s right.’’ have been injured. Trade Centers were both visible, the He said, ‘‘I assume you’ve either read Let’s talk about, for a minute, the twin towers were very visible. I could the book or you saw the movie. What growth of the poppy seed, the main in- see them very clearly. So it is very per- we have here is not a gathering storm, gredient of heroin is also growing. The sonal to us, all Americans, but espe- what we have here is a perfect storm; U.N.’s Office on Drugs and Crimes say cially to those of us who were so con- and if we attack this toothless tiger, opium cultivation rose 59 percent this stantly involved in that area. whereas you point out we had no-fly year to produce a record 6,100 tons of When the President decided, though, zones over the north and south, we will opium, more than 90 percent of the to make Saddam Hussein a person that unwittingly accomplish what Osama total world supply. The U.N. estimates he felt should be dealt with and con- bin Laden failed to do. We will create a that the revenue from this year’s har- nected him to 9/11, it was actually united Islamic jihad against the United vest will exceed $3 billion. criminal. Osama bin Laden, as we States.’’ In wrapping up, let me just say that know, was in Afghanistan. We had a Someone who understands that more last night on CNN they tracked from limited number of troops there. But keenly than most is the gentlewoman Afghanistan the heroin that went by just think of what position we would from California who chairs the Out of way of Nigeria into the United States,

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I would suggest this, that this admin- is a story that came out today where But now we know it is, and to add in- istration, along with the Republican the Prime Minister of Iraq, after his sult to injury, Mr. Musharraf, the majority in this House, have achieved meeting with President Ahmadinejad, President of Pakistan, who is supposed something that defies the imagination he then goes and meets with the Su- to be our friend, who we are giving that no one would believe. It is truly preme Iranian leader, Ayatollah Ali monetary support to, has wrapped his remarkable. Khamenei, and the terms that they use arms around the Taliban and created a I think that is best summed up when are brothers, brothers. contract and an agreement with them you examine the photo to my near left. Now, I wonder, is this an effort to that if you don’t attack us we won’t For those who are unaware, this gen- unify? bother you. tleman that I am pointing to now is Mr. LARSON of Connecticut. Is this We are depending on Mr. Musharraf, the current Prime Minister of Iraq. His the same Prime Minister that also has knowing that not only has he entered name is Maliki. In fact, he spoke in said that he will grant amnesty to into this contract, but he knows what’s this very Chamber, to the American those involved in the insurrection that going on on that border between Paki- people, and to Members of Congress. He are killing and mutilating American stan and Afghanistan where they pro- was given that honor. He came here soldiers? tect Osama bin Laden, where they pro- just recently. He visited with that Mr. DELAHUNT. Again, I think he tect al Qaeda, and now they are pro- President. Less than a month later, rethought that statement, because of tecting the Taliban. where is the Prime Minister of Iraq? He the reaction, actually, from Democrats What are we in for here? The Presi- is in Tehran. in this House. Because we were not dent of the United States has misled One only has to recollect the words going to tolerate it. this country. We are in trouble, and he of President Bush, right here again in But, I will tell you, he is shaking has placed this country at great risk. this Chamber, when he described Iran hands with the President of Iran who We are at greater risk now than before as one of the original members of the described the Holocaust as a hoax. In 9/11. It is time for the leadership of the axis of evil club. other words, our ally, I am not quite sure we should describe them as an ally Congress of the United States on both I would put forth that nothing, noth- now, but the gentleman that is the sides of the aisle to say enough is ing that I am aware of, has changed in Prime Minister of Iraq is shaking enough. I commend you for helping to terms of the administration’s position hands with the Holocaust denier, the develop us so we can get to the point vis-a-vis Iran. Here we find the Prime Minister, reflect on that a moment, the President of Iran. where we can proudly all join hands to- By the way, it wasn’t just a hand- gether on both sides of the aisle and Prime Minister of Iraq is clasping hands with the President of Iran. shake, because you know what else was stop this misdirection of this President What is particularly interesting is done? Agreements were signed. Agree- and this administration. the agreements that have been reached ments were signed, border agreements Mr. LARSON of Connecticut. I thank between Iran and Iraq. These were two and bilateral military cooperation the gentlewoman, and I thank her also nations that fought an 8-year war. But agreements were signed. for factually pointing out what is hap- what we have accomplished is to en- Mr. INSLEE. I want to point out pening, especially with regard to the hance the influence of Iran in the Mid- something, why this is such a diaboli- heroin trade, and again how that only dle East. cal development that the President has furthers and fosters the efforts of al Take a look. given to the world and the United Qaeda all around the globe. Mr. INSLEE. Well, you pointed out States, and that is it is very simple. We Before I call on the gentleman from something that I just realized. Presi- have folks in harm’s way today, we New York, MAJOR OWENS, who has dent Bush, when he ran for office back have lost 2,600 of our finest men and served with distinction in this great in 2000, said he would be the great women in Iraq, and it is very clear that body of ours and who represents the uniter. Many of us have been dis- we are not going to get those people great City of New York, I want to point appointed, in fact, that he has divided out unless the leadership of Iraq and out that our next two speakers, both the country like no President in mod- the Shiite factions finally reach an Mr. DELAHUNT from Massachusetts and ern history. When we were united after agreement regarding oil revenues with Mr. INSLEE from Washington, are the September 11 with us and the whole the Sunnis and the Kurds in Iraq. This founders of the Out of Iraq Caucus. world, he has now divided the country. picture is a picture of the friendship of Mr. DELAHUNT, especially, having But I think finally he has united two the Shiite-led fundamentalist Iranian heard specifically, going back to his ununitable, intractable foes, one, an government essentially signing up with district, people often ask what led you axis of evil, Iran, who we are trying to the Shiite-led faction of the govern- to come to this floor and speak out defeat, in some way to prevent them ment in Iraq, and this President has re- against the war in Iraq? Well, it took from having nuclear weapons. He has fused to drop the hammer on the gov- place in small towns and communities united Iraq and made Iran a more fun- ernment of Iraq to tell them that they where people were yearning for the damentalist Islamic government, a have to make a deal about oil revenues truth and wanted to hear voices that more powerful entity on the world right now and refusing to continue to because a majority rule here in a one- stage, more powerful, as he describes keep our troops there in harm’s way party Congress were notable to break them, axis of evil, and the President fi- unless they do. through. nally fulfilled his destiny of being the Because it is clear that unless this Mr. DELAHUNT. I thank my friend great uniter. President makes very clear to the Shi- from Connecticut, and, just to set the Mr. DELAHUNT. Exactly. The Presi- ites and the Sunnis and the Kurds that record straight, it was others, of dent of the United States has achieved if they don’t reach an agreement about course, that founded the Out of Iraq a remarkable, an absolutely remark- oil revenue, which they are arguing Caucus. But Mr. INSLEE and I, many, able, accomplishment. about today, and have been arguing many years ago, it appears, now, or at Mr. INSLEE. After this conference of about for 3 years, we could be there for least it feels this way, came here with Tehran between the axis of evil and the 500 years and not solve the problem. our colleagues, TED STRICKLAND from new government the President has cre- This President has simply allowed Ohio and NEIL ABERCROMBIE from Ha- ated in Iraq, one of the leaders de- them to shake hands and not put pres- waii, and spoke about these issues. scribed the other leader as their, quote, sure on them, not drop the hammer on I was just chatting with JAY INSLEE, good friend. I don’t know if it was the them. That is what he has got to do, and we were reflecting on where we President of Iran, the axis of evil de- and he hasn’t done it. were and what we have done, what we scribing the new government created Mr. DELAHUNT. Do you know what have accomplished. I think it can real- by George Bush in Iraq or vice versa. is happening in Iraq, according to mili- ly be summed up by these posters, Do you know which one it was? tary personnel? They are telling us, in

VerDate Aug 31 2005 03:45 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.151 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6630 CONGRESSIONAL RECORD — HOUSE September 14, 2006 reports that appear in the media, that is, the policies of this administration, Mr. OWENS. Mr. Speaker, I just want it is unraveling in Iraq. But the Prime without a single question being posed to associate myself with the remarks Minister has time to go to Iran, and, by this majority, we have created a he- that I have heard made by my col- actually now, Iran is giving the Prime gemony in the Middle East, and that is leagues, and I particularly think that Minister some advice. the Islamic Republic of Iran. the point relating to the oil needs to be Don’t think that this photo is the b 1930 stressed more. last time we will see these gentlemen The American people are way out What he is suggesting is, everything together. The current prime minister there ahead of us. We must run to will be good, the region will be sta- during the Saddam Hussein years spent catch up with them and provide greater bilized. Let’s just get the Americans considerable time in Tehran and in leadership. We must focus in more on out. That is his answer. Syria. I am not even blaming him. the problem of oil. After hundreds of billions of dollars Where is the administration? Where What is the problem with the nego- and the loss of more than 2,600 Amer- is the House International Relations tiations on oil? Why can’t we take a ican personnel, this is where we are at: Committee, which I serve on with my position that the distribution of oil Mission accomplished, Mr. President. friend and colleague from California, should be guaranteed on a per capita Right. Mission accomplished by finally DIANE WATSON? Why isn’t there hear- basis of oil throughout Iraq, so the doing what you said you would do. But ing after hearing after hearing asking Iraqi citizens get the oil on the basis of you missed the wrong country. It isn’t these questions? where they live? this country that you are uniting. You Mr. INSLEE. It is not us asking Also, understand, I don’t know why are dividing this country and uniting where Congress has been challenging we are so surprised, but there are two Iran and Iraq in a situation that por- these failures by the administration, it major religions in conflict there, Sunni tends danger for American national se- is our constituents. I went for a walk and Shiite. They have always been in curity. That is what is happening, Mr. last weekend, and I ran across an old conflict. We have handed over that re- Speaker. friend whose son is serving in Iraq gion to the Shiites, and it is inevitable Mr. INSLEE. I think when we talk today, and he has just been moved to that Iran will dominate that region. It about the wrong country, it has been Baghdad because we have stripped our is inevitable now that Iran will become the wrong country in two different forces from Al Anbar Province where a dominant force in the whole Middle they are needed to put them in Bagh- ways. First, the President has united East. We have done that. We blundered. dad, because we have never had enough Iran, part of the ‘‘axis of evil,’’ with We should still take JOHN MURTHA’s troops there to get the job done, the Iraq, rather than uniting America. He advice and get out, redeploy to the President has never been willing to do got the countries wrong in that regard. friendly nations, whatever we have to it. The mother of their child is also But, more importantly, he got the do, but we should not be stuck with serving in Iraq, so they are essentially countries wrong about which country more lives lost and more of our tax- is a nuclear threat to the United States raising this 1-year-old. He asked me this question: Why isn’t payer money down the drain. of America. He invaded Iraq, when the Mr. LARSON of Connecticut. I thank nuclear threat to the United States of anyone in Congress insisting that the President get serious about telling the the gentleman from New York. America is Iran. As a result of Mr. For the final word, our former sen- Bush’s war, he has made the nuclear Iraqi Shiites to strike a deal about oil with the Sunnis so they can finally ator and ambassador and now great threat to the United States of America, Congresswoman from the City of Los Iran, more powerful by uniting it with form a real government and our troops can come home? Why isn’t there any- Angeles, DIANE WATSON. Iraq, making Iran a more powerful fig- Ms. WATSON. Very quickly, I want ure in the Mideast by taking our eye body in Congress asking that question? I said, Hal, I am happy to ask that to thank you, Mr. LARSON, for having off the ball, reducing our ability to question. He said, go do it. Be vocal us come to herald the fact that we are build an international consensus to im- about this. Make sure the administra- indulging in an unwinnable battle, be- pose sanctions against Iran, because he tion gets their feet held to the fire, for cause the war against terrorism is a invaded the wrong country. my son and everybody else serving in war against an ideology, and the only Do you know what? I was so as- Iraq. way you are going to change an ide- tounded that the Vice President of the So we are doing this tonight. But, ology is to change people’s hearts and United States made a statement last frankly, we need a new majority in this minds. You will never do that at the weekend that made me think there is House to do it with hearings. That is end of a barrel. some hallucinogen in the water that what we really need. Thank you so much for gathering us. people are drinking in this administra- Mr. LARSON of Connecticut. Mr. Mr. LARSON of Connecticut. I thank tion when he said, and this is a para- Speaker, as Mr. DELAHUNT so elo- the gentlewoman from California, and phrase, it is not an exact quote, even if quently pointed out, and has time and my distinguished colleagues from Mas- we knew that the weapons were in Iran, again, the Iraq Watch, which you four sachusetts and Washington State. not in Iraq, that there was no relation- Members initiated along with Mr. f ship between Saddam Hussein and the ABERCROMBIE and Mr. KUCINICH, has THE REPUBLICAN VISION FOR THE attack on 9/11, that we were going to done a great job for the Nation. lose 2,600 troops dead and 15,000 injured, People often ask, why do you come NEXT CENTURY the destruction of our international co- down and speak in what is an empty The SPEAKER pro tempore (Mr. alition, even if I knew that all the Chamber? And my response is, out of MCHENRY). Under the Speaker’s an- things we told Americans were love of country. It is for love of coun- nounced policy of January 4, 2005, the misstatements, were falsehoods, even try that you get to ask the unwelcome gentleman from Kansas (Mr. TIAHRT) is with all of those falsehoods, I would questions to this administration. But recognized for 60 minutes as the des- have done just the same thing again. in a one-party town where the adminis- ignee of the majority leader. That attitude, as long as that atti- tration controls every agency and both Mr. TIAHRT. Mr. Speaker, it is a tude prevails in this country, as long Houses of Congress, we can’t penetrate pleasure to be here tonight. We have as we don’t have a Congress to ride through, except for all of those meet- some good discussions planned. herd on those people in the White ings that are taking place in town halls I am joined by the gentleman from House, including the Vice President, and at forums and now on the blogs, California, Mr. DOOLITTLE. We want to our people are going to be in a dark, that people all across this country get take this opportunity to show some of dark hole in Iraq. That is why we need it. the contrasts that are going on as far a new Congress and a new government, Someone who has gotten it through- as the debates are concerned here on to get a policy in Iraq, to get our peo- out his entire career and someone who the floor of the House and across the ple home. has served his Nation out of love of Nation. Mr. DELAHUNT. With the end game country and a great city is MAJOR We have had some great opportuni- being the forging of an alliance be- OWENS. I would like to recognize him ties for us to get together as Repub- tween Iran and Iraq, what we have done at this time. licans and talk about our plans for the

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That is lower than the average of about raising the minimum wage be- For the next century, the Repub- the 1990s, 1980s and the 1970s. It is a tre- cause the concept that we always hear licans have agreed that we will pro- mendous statement on the strength of is that this is not a livable wage and if mote the dignity and future of every our economy. you raise the minimum wage then peo- individual by building a free society Many of you have noticed recently ple will have more money. They can under a limited, accountable govern- that gas prices are now down below have a livable income now. So we are ment that protects liberty, security $2.70 a gallon, in fact, in Wichita last going to raise it $1.15 an hour. Friends, and prosperity for a brighter American week, I saw gas at Sam’s Wholesale, that is not going to make a living dream. gas for $2.259 per gallon. Now, that is a wage. And the fact is, according to a Mr. Speaker, we have looked through long ways down. Duke University study, the people they the material that is available from the I remember seeing the articles in our say they are trying to help actually be- minority leader’s office and other pub- newspapers across the Nation where it come hindered and they do not get lications. We have yet to find the vi- said gasoline prices, and an arrow was hired. In fact, the people who get hired sion that the Democrats are pre- poking up in the air. They did rise. are teenagers and people in their early senting. They have no such vision. They rose up above $3 per gallon. But 20s from middle-income families. They They have been lately the ‘‘party of now, when gas prices are coming down, get hired instead of the working poor. no,’’ and they have really developed no we are all waiting to see where is the So the minimum wage actually ends up plan to lead this Nation. article to say, Congratulations, Repub- punishing the working poor. And an- We have uncovered some statements licans, gas prices are down. Thank you other interesting thing that they found they have made on what they would for expanding our refineries. Thank out is that employers, when they are like to do, and tonight we will be shar- you for expanding our production. forced to pay more in wages, forced by ing those contrasts. One of the things Thank you for expediting the things the government to raise their wages, we are going to start out with is talk- through the regulatory process so we they come up with new innovations. ing about our economy. Have you ever been to your local gro- President Bush said over and over can get more product on the market so cery store and had the ability to check again at the State of the Union that we can lower the prices of gasoline. yourself out or gone to a Home Depot the state of our economy is strong, and Thank you for changing the number of or to a Wal-Mart or to other businesses today’s economic numbers prove that. boutique fuels, which shortened supply Our Nation has bounced back from the and made prices rise. The article was where you shop, you pick your prod- blow the economy took after the at- never printed. I haven’t seen it. ucts out of your basket, you run them tacks from September 11, 2001. Our But the fact is, energy prices are across the scanner yourself, you stick economy between September 11, 2001, down, and they are down because of the in your credit card, you put your pur- and the end of 2001, in that short pe- policies of a Republican House, not chased products in your own bags, and riod, took a $2 trillion hit. Our econ- down because of the naysaying Demo- then you load them up after you pay omy was reduced by $2 trillion. crats, the obstructocrats, that have your bill and go out the door. What That is a lot of money. We don’t been trying to stop everything that has does that mean? That means there is write checks for $1 trillion. But to give come through this House floor in the no checker. Why is there no checker? you an idea, Mr. Speaker, of how much last year. Because we forced the minimum wage up so much that it is cheaper for that $1 trillion is, if you had started a busi- b 1945 ness the day after Jesus Christ rose company to bring in this new automa- OEHNER said that from the dead and made $1 million that Majority Leader B tion because they cannot afford to pay first day with your business, and the ‘‘while Capitol Hill Democrats’ rhet- the additional wages. next day you made another $1 million, oric may be misleading, their hypoc- So the first step in their plan is to and the next day until today, every day risy always gives them away. There is punish employers by forcing them with until today you made $1 million, in a clear choice between Republicans a new regulation on wages. other words, $1 million a day for 2000 who are working to enact serious re- The second one is to end tax give- years is not yet $1 trillion. It is only forms that grow our economy and re- aways for people who have moved jobs about three-fourths of the way there. duce our deficit and Capitol Hill Demo- overseas. Why do jobs go overseas? So this is a tremendous hit to our crats who want to spend more of Amer- Why are we losing American jobs? It is economy following September 11, 2001, ica’s taxpayer dollars on wasteful gov- really pretty interesting. I sat down a hit of over $2 trillion. ernment programs as they see fit.’’ with the CEO of Raytheon in Wichita, Now, since that time, we have done Well, the economic recovery was suc- Kansas. He was moving 400 jobs over things under the leadership of the cessful even though the Democrats op- the border to Mexico. And I said to President and the Republican House to posed the reforms every step of the him, Have you looked at working with revive our economy. We cut taxes. We way. And it is clear the Democrats the union to make sure that we can have held the line on regulations. We have no clear plan to strengthen our save these jobs? have looked at making sure that economy, as Republicans do. He said, Yes, we sat down. We did ev- health care costs do not grow too fast. Now, off the Web site of the minority erything we could. We went to produc- We have made some minor changes to leader, there is a document that is tivity. We tried new ideas. We sketched litigation, to our liability. And we have available. It is called ‘‘A New Direction it all out. And he said, Todd, I realized seen the employment gains continue. for America.’’ And in that they have that even if my workers came in and In fact, in August, 128,000 new payroll their idea of how we are going to worked for me for free, I would still jobs were created. strengthen the economy. According to have to look at moving those jobs to Today, there are more Americans this document and according to the mi- Mexico. working than ever before in the history nority leader of the Democrats, pros- Well, it dawned on me then it is not of our Nation, and the average wage of perity for a better America and better about wages. And from my previous ex- those workers is higher than it has pay: We are going to raise the Nation’s perience I can verify that. I used to ever been in the history of our Nation. minimum wage, and we are going to work at the Boeing Company. My job In fact, there are more homeowners end the tax giveaways for companies was to bring jobs into the Wichita area. today than ever before in the history of that are moving oversees. When I was asked to bid a job, I had a our Nation and more minority home- Let us just talk about those two predetermined rate that I could use owners than ever before in the history things for just a little bit because I be- based on a manufacturing hour or an of our Nation. lieve the best policy for America so engineering hour or a modification

VerDate Aug 31 2005 03:45 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.154 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6632 CONGRESSIONAL RECORD — HOUSE September 14, 2006 hour for the Boeing Company in Wich- Kennedy said, ‘‘A rising tide lifts all tonight and look forward to work with ita. And for a manufacturing hour, the boats’’ and promoted broad-based tax him to improve economic competitive- going rate back in 1994 was $150 per cuts to stimulate economic growth in ness, to empower families and individ- hour, and yet the average wage was the early 1960s upon taking office, and uals, to reduce the burden of govern- about $15 an hour. In other words, 10 it definitely worked. I think with our ment on their lives. percent of the cost of making a product colleagues on the other side of the By the way, the overwhelming im- in Wichita, Kansas was wages, and the aisle, the Democrats, they tend to view pact of government regulation I think other 90 percent, a large part of which it as what they call a zero sum game. actually has a greater economic burden was driven by the cost forced on that In other words, if somebody wins in on families and individuals than direct company and every company in Amer- that situation, that means somebody taxation. I think it is astounding to see ica by the Federal Government, bar- else has to lose. what this is costing us. When every- riers placed on these businesses by the And the thing I like about President body wonders why are houses so expen- Federal Government, keeping them Bush and the Republican policy is that sive, you have got to look at all the from being more competitive and cre- we kind of harken back to the Reagan built-in government regulation that ating and keeping more jobs. era and the Kennedy era, where we try causes the price to be probably 50 per- I have something that we have been to provide broad-based tax relief to ev- cent higher than it would need to be. working on, the gentleman from Cali- eryone, recognizing that when we do Mr. TIAHRT. And also in that regula- fornia (Mr. DOOLITTLE) and I have been that everyone will benefit, rich and tion, it is all based on an adversarial working on, in the Economic Competi- poor. And that has happened, by the system between government and the tive Caucus. We have decided that we way. And, in fact, our standard of liv- private sector. can identify the areas where the Fed- ing is on the rise. And real after tax in- One of the things that I look through eral Government has created barriers come, according to the figures I have, is how we can improve the relationship to new jobs and we are going to try to are up by 11 percent since December of between the Federal Government and eliminate those barriers. And one of 2000. That is substantially better than how they do business with the private the first ones that we are going to try the gains following the last recession. sector because everything is set up as And I also note just in terms of the to eliminate is the tax system that is an adversarial relationship. The EPA, effects of tax relief that despite the so punitive on new jobs. for example, the Environmental Pro- One of the things that is in the docu- collapse of the stock market and the tection Agency, spends over half of ment the Democrats have is ending tax commencement of a recession in 2000; their budget on lawyers. The reason giveaways. We have very little ways the terrorist attacks of 2001, which we they spend it on lawyers is because just commemorated here earlier this that we can getting things done that they are taking companies to court and week, the fifth anniversary of 9/11; and we hope to see done. For example, we suing them, and that means that these the ongoing war against terror, the want to have alternative fuels in Amer- companies are spending more of their economy has expanded by more than $1 ica. So what we have done is we have money just to defend themselves. trillion since President Bush took of- the process. We have used tax credits And we had a very good example hap- fice. and tax relief to see that we have alter- pen in Wichita, Kansas about how the Our Speaker addressed this. I wrote government could actually work as an native fuel sources available. Well, the this down a couple of years ago. He Democrats want to end these tax give- advocate instead of an adversary and said our job is to leave this country a still get the accomplished goal com- aways because they think they are just better place for our children and grand- a giveaway. They want to hold that pleted. I got a call from the Wichita children, and I think that is really Area Builders Association, and they money and create more bureaucracy. what it is all about. told me that the home building indus- But we think we can get some better And this is something I think is real- try in Wichita, Kansas had been shut results if we trust these companies to ly unfortunate, that the two parties take a little of their money and rein- cannot come to better agreement on down. This was three summers ago. I vest it into creating more jobs in this because we have had that in the started looking into it, and I found out America. So we want to change the tax past. And right now there is such sharp that OSHA had targeted that county in system. We want it to be fair, and we division with the other party con- South Central Kansas, Sedgwick Coun- want to see some tax relief because stantly clamoring. They are promising ty, where Wichita is located, and they people do three things when they get a higher taxes. That is one of the planks brought all their personnel down there little extra money in their pocket: in their presidential platform. It is one and they started going through all They save it or they spend it or they of the planks in many congressional these job sites and writing citations invest it. If they save it, that goes into candidates that are running this year. and assessing fines, and everybody just saving accounts which create money And whenever we hike taxes, it takes left and went home. And as one subcon- for mortgages so people can go out and money out of the people’s pocket and tractor told me, he said, When I build buy new homes. If they invest it, they puts it in the pocket of the government a house, my portion is very small. I am invest it in companies that sell their and puts the money out of the families’ just a framing contractor, and my prof- stock. The companies take that stock control and into the hands of govern- it is probably only about $2,500 per job and they build more facilities and they ment bureaucrats. It seems to me that as an average; so if I get a $5,000 fine, hire more people. That is also good for our policies empower the individual. I may as well not go to work. So they the economy. The third thing is they Taxes are way too high. Even after have stayed home. spend it. When they spend it, that is a the Bush tax cuts, they are way too So I called up the regional director of demand for goods. Those goods then high and need to be cut further. And OSHA, and I got them together with are off the shelf and they have to hire that is something that we constantly the people from Wichita, the Wichita people and create new products and try to do as Republicans. I think every Area Builders Association, and they bring products in so that they can re- year, the Republican majority, we have worked out an agreement where OSHA place what has been taken from the introduced and passed bills to cut would announce that they were coming shelf when people spend their money. taxes. We are still trying to eliminate and then they would go through the job Mr. DOOLITTLE. Will the gentleman the horribly unfair death tax that is site together with the contractor and yield? nothing more than a vicious socialistic make a list of any potential violations, Mr. TIAHRT. I would be glad to yield scheme to punish the rich that was en- and then they would leave them alone to the gentleman from California. acted back in the early part of the 20th without any fines, any citations, and Mr. DOOLITTLE. Talking about one century. We would be so much better let them work out the problems. They of the big differences that we have be- off, as the gentleman observed, to would come back in 6 weeks and check tween the Republicans and the Demo- change our tax system so that we are on them. They did this. In the mean- crats in this House and in this Nation not all spending so much money to time the Wichita Area Builders Asso- in terms of what goes on nationally comply. ciation hired someone out of the insur- here in Congress, there didn’t used to And I really appreciate the gentle- ance industry that taught workplace be such a difference. In fact, President man’s efforts in leading this discussion safety, and he started sending them

VerDate Aug 31 2005 03:45 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00096 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.155 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6633 around to job sites. At the job sites, Most of these barriers, in fact probably and when they would come over to the they realized that the biggest problem 99 percent of them, were created under United States, one was an American that employers were facing was the in- a Democrat Congress and we are still citizen married to a German national, ability to talk effectively with their trying to undo the mess that has been they would come over and they would workers. There was a language barrier. done. spend the first day or two at the den- Many of the workers were Hispanic. And, more recently, we are trying to tist’s office, which I always thought They didn’t have good English skills. make health care less expensive in was odd. That wouldn’t be the first And how do you tell somebody that you America. We are trying to do it by in- thing I would want to do if I came back cannot prop a ladder up against a wall novative practices, by bringing market home to the United States. But in Ger- at 45 degrees, that you need to prop it forces to bear on things like prescrip- many, you can’t get preventive dental up at 60 degrees? Well, if you don’t tion drug and insurance sales. And one care, and so you have to wait until have good language skills, it is dif- good example is associated health they have a tooth fall out or a cavity ficult to do that. So they hired an in- plans, where we would allow Americans or something. terpreter to go around with this insur- in associations like your real estate And it was real frustrating. They ance safety engineer, visited all the job agent or your insurance agents or farm would come over and get their teeth sites, and then they completed that bureau members, where they could join cleaned and have different kinds of process. OSHA came back and they as an association to purchase health work done. But I always thought, what found out that all the checklists had care. But the Democrats have opposed a strange thing. been completed and everybody was those innovative ideas because they You know, you hear about these so- back to work. So here was an instance want a single-payer plan. They want cialistic single-payer systems; for when OSHA, working with the private universal health care. They want so- years they were extolled. I think the sector as an advocate for a safe work- cialized medicine. glamour of this has sort of worn off. In place, brought everybody back to work. Now, we have seen a lot of socialized fact, I have heard it said that those Costs were reduced. Everyone went medicine. We have seen it in the United kinds of systems are great if you are back to work. The same goal was ac- Kingdom, we have seen it all through healthy, but if you have a serious prob- complished. The goal that OSHA has of Europe, we have seen it in Cuba, we lem like you were talking about with a safe work environment and the goal have seen it in Canada. In fact, if you your father, people come here, because that the workers have, keeping their look at our northern border, look at we have the competition, we have the workers from being injured and raising the hospitals in Seattle, Detroit, Buf- highly trained experts that can diag- the Workers’ Compensation claims. falo, they are filled with Canadians nose, that can treat, that can perform who are unable to get health care in these miraculous types of surgeries. b 2000 Canada. So they come down to America And we need to improve the system Mr. DOOLITTLE. You make a very, and they pay right out of their pock- because it still isn’t really driven very good point, and I have occasion- ets; they are so glad to get it. But they enough by market forces. And that is ally seen a talented government offi- have limited health care in all of these what really the seeds for trans- cial who is a problem solver. And so places, because if you have a single- formation of the whole health care sys- they get out of the adversarial mode payer plan it is like every contract is a tem, private and public, were in that where they are doing inspections and cost-plus contract. Medicare prescription drug bill. levying fines, and they are actually You know, the government right And you and I both know that the trying to create solutions for the busi- now, when they purchase things, they Democrat party did everything they nesses and the interests over whom want to have a competitive contract. could to deny the prescription drugs to they preside in order to make things We see that whether they are buying senior citizens. Why? Because it is a work. We don’t see that nearly often tankers or toilet paper. They want a good issue for them to not solve but to enough. And I think that is exactly the competitive contract. Why is that? Be- talk about and campaign upon. type of direction we need to move in. cause when two companies compete, it And I have noticed they are very All the business people I know and brings the price down. When you have good about not solving things. I can’t all the working people are trying to ac- a single, sole-source contract which is think of a single thing they have complish a good thing, and it is ex- based on all the costs plus a little prof- solved. But they are good about bring- tremely unfortunate when the govern- it on top of it, then there is a real in- ing up problems and stirring up emo- ment gets so heavy-handed, and in- centive for all these people who are tions and promoting reasons why they stead of solving the problem they cre- providing services to the government should be elected. But we actually got ate many more problems. We have had to drive up their costs higher and high- that through, and it has just been very, a lot of this in the environmental regu- er, because that means the profit mar- very well received. lation area in the Sacramento region gin, which is a percentage of cost, is The premiums are actually dropping with, really, an unhelpful approach by greater and greater. So the costs go up as a result of this Medicare prescrip- certain Federal agencies. dramatically. tion drug program. And what I really I think that maybe the winds may be And in socialized health care where it liked about it was, it contained for the shifting a little bit after considerable is a cost-plus contract for every service first time the ability of any American prodding from the congressional dele- provider in health care, it drives the in this country to invest money in a gation, and we may see a more friendly costs up, and so the government has no health savings account and to be able attitude in, say, the regulatory area of choice but to limit health care access. to get a tax deduction for it. And there some of these agencies. And I certainly And my dad is a good example. When has been a huge expansion in the num- hope so, because I really like the exam- he was 82 years old, because we have a ber of health savings accounts as a re- ple that you gave where you saw the free market system, he was able to get sult of that. good results that came from a different open-heart surgery. Had he been a Ca- And my hope is, and our hope at the approach, where it is a helpful, solu- nadian citizen, he wouldn’t be with me time we enacted it was that this would tion-oriented approach as to this today. But he is 87 years old, he is begin to put the consumer in charge of heavy-handed, traditional bureaucratic healthy, he just had a trip to the West his own health care, and through com- government, adversarial approach. Coast, and he did that because he got petitive forces, finding out who was a Mr. TIAHRT. And what is interesting open-heart surgery at age 82, some- quality provider and who offered the is that when we have put this legisla- thing he could not have gotten in so- best price, you begin to bring the cost tion together to codify the very exam- cialized medicine. of health care down. And I think we ple that I gave you before, Republicans Our system is very good, but we have really have a bright future in that are for that, the Democrats are against opposition in trying to make it more area. it. And here we see this, once again innovative and market responsive, Mr. TIAHRT. That is an interesting this contrast, and it goes through all from the Democrats. concept, because the two things that eight barriers that have been created Mr. DOOLITTLE. We do. We have we need the most in our economy are a by Congress over the last generation. some friends that lived in Germany, good education system and a good

VerDate Aug 31 2005 03:45 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00097 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.156 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6634 CONGRESSIONAL RECORD — HOUSE September 14, 2006 health care system, and those are the Mr. DOOLITTLE. Would you yield Now, since we have made some two things that the Democrats do not before you get to energy? Because I changes, since President Bush has been want to trust to the free market. want to comment on that. involved with enhancing charter Mr. DOOLITTLE. And yet they talk Mr. TIAHRT. I would be glad to schools and since some of the private about it all the time and blame us for yield. sector government involved with being antihealth care and Mr. DOOLITTLE. This is something I vouchers, we have seen the dropout antieducation. And yet all the innova- find that is very, very encouraging. rate go down. Now it is down to 47 per- tions that have occurred in the last Young people in general do trust the cent, which is a significant improve- dozen years have occurred under Re- free market, and that is something ment. But they have still got a long publican leadership. that I find as a beacon of hope as they ways to go. Mr. TIAHRT. I think a good example are coming up, because they are going I cannot imagine the schools in Kan- is phonics versus word recognition. to be the next generation that takes sas tolerating a 47 percent dropout They went through the education sys- power. And I really think a lot of these rate, but it is tolerated here for some tem, they went through the education heavy-handed sort of antifree market reason. And the difference between 60 bureaucracy that is controlled by the ideas which are embodied basically in a percent and 47 percent has been these government, this concept that young liberal Democrat philosophy, I just Republican principles where the free kids just need to learn words. They think that rings very hollow to the markets got involved, either through don’t need to learn phonics, they just coming generation. And I take great vouchers or through charter schools, need to learn words, and if they do hope in that. and giving these kids hope, hope that if that, they will have control of the Just before you go to energy, I want they complete their high school degree, English language. to mention, speaking of young people, they will have a better future. Now, that kind of experiment education. One aspect of the Presi- And I think that is a significant ad- wouldn’t have gone very far if we had a dent’s No Child Left Behind plan, vancement, brought on by Republican competitive system for education which we enacted in Congress, which policies and the free market system where parents had the ability to take we passed and he signed into law and that have changed the education sys- their money and choose their own became enacted into law, is competi- tem right here in the District of Co- school, because most parents didn’t be- tion in education. lumbia; and we could see advances all lieve that using something other than You know, we have great schools in across America if we could carry them phonics would work. our area, and they were great before No out. Child Left Behind. In some ways there Now, this grand experiment about Mr. DOOLITTLE. And one of our have been some unfortunate issues word recognition is gone now and we former colleagues, Frank Riggs, has with that legislation for our areas, but are back to phonics because it did not been a real leader in this charter one of the real areas of transformation work. We have got thousands of kids schools movement, and he continues to has been in the inner city. across America that have a very dif- be involved these days in the private In no place, I think, have we seen sector for education now, and is still ficult time reading. They have a hard greater success for lifting people out of time understanding new words, they involved in a nonprofit involving char- a hopeless future and putting them ter schools. have a difficult time pronouncing the into a situation where finally they are words that they do know because they I just think the Nation should be going to be able to compete with the aware that this is a Republican idea don’t have a good grasp of phonics. In- skills that they are learning in school stead, they were taught under this ar- that has been fostered, that has been than in Washington, D.C. Washington, legislated, and we are seeing clear re- chaic system that was forced on our D.C. has more charter schools than any kids by a bureaucratic, government- sults. other place in the country. These char- You yourself mentioned the dramatic controlled system void of the free mar- ter schools are actually educating chil- ket. decline. It has a ways to go, but some- dren. one once said it doesn’t matter so On the side of health care—and by When people do criticize the Presi- much where you are as it does in which the way, the Republican Party is for dent’s plan, I wish they would keep in direction you are headed. And in edu- the free market, they are for a new mind that for the inner cities across cation in the inner cities, we are head- concept in education and they are for this country this has brought a renais- ed in a positive direction, and it is accountability, and it is a contrast sance in education that has not been positive for the first time in many dec- from the Democrats. seen in this country for over 50 years. ades. And we just have to keep up the Moving back to health care, what And in our inner cities we have had a positive flow in that area, and I think would it be like if you could go to a lot of social problems festering that we will be blessed in many different Web site and shop around for, say, a spill over into the suburbs in areas ways in this Nation. physical? You could see the list of doc- that you and I and many of us rep- tors and what they bid for a physical resent. b 2015 and what services they would provide. I just really want to commend the Mr. TIAHRT. I want to go back to en- Right now, what the Democrats are President. I really feel that he has ergy just a little to talk about the con- proposing is a single-payer system made a huge difference improving the trast about how the opposition the where you are assigned a doctor, and lives of people, young people and their Democrat Party has made to trying to that is where you go, and there is a set parents, by encouraging accountability create jobs here in America. fee that he is going to be paid. And if and encouraging competition in edu- The House has passed the Energy your costs go above that, you may have cation. And I just want to say to the Policy Act, H.R. 6, with 183 Democrats, your health care limited. So it is a dif- Nation at large, they really should including the Democrat leadership, op- ferent concept. In the two parts of our look at Washington, D.C. to see what is posing this bill. In this bill was the ad- culture that we really need innovation happening here in the public schools, vancement of production in the Alas- because the future depends on it, we because opportunities have been cre- kan National Wildlife Reserve, or depend on health care, but we depend ated and lives have been blessed that ANWR, it is called for short. What is on our kids having a bright future by a never were before. the term, the abbreviated term? It is good education. And yet the Democrats Mr. TIAHRT. When I first came to an acronym. won’t trust the free market system. In Congress, I was on the District of Co- Mr. DOOLITTLE. Arctic National fact, they are really against the free lumbia Subcommittee on Appropria- Wildlife Refuge, ANWR. market system on a lot of issues. tions, and took some time to look at Mr. TIAHRT. It is basically the Let’s go back for just a moment on the D.C. schools. And in 1995, the drop- North Slope of Alaska, which is ap- energy, because I just want to show the out rate in Washington, D.C. schools proximately the size of California. contrast between what the Republican was 60 percent. Six out of ten kids that There were also many other things in House has done and what the Demo- started school never got to the gradua- the Energy Policy Act. It included con- crats have tried to stop. tion line. servation, it included wind energy,

VerDate Aug 31 2005 05:12 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00098 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.158 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6635 wind-generated electricity, for exam- we are going to get rid of imported oil. like the gas-electric hybrids, like the ple, which we have about eight wind Well, how do you do that? You have to E–85, like the vehicles that are battery generating farms in Kansas today. It impose, what, restrictions on trade? powered that move people around their included ethanol production. It in- No, the better way to do it is to allow own local community. We have two cluded research and development for the free market system to work, de- such communities now that are ap- hydrogen-based energy. It had a lot of velop new technologies, like cellulose proved for, I think they call them good things in it, yet 183 Democrats, ethanol. EAVs, and those are my communities including the Democrat leadership, op- I met this morning with a Kansas of Rockland and Lincoln, which are posed that bill. company that is going to develop a new both approved for that. We have the I have to tell you, Mr. Speaker, that technology for cellulose. And I want to hydrogen area going on in Lake Tahoe, the people of Kansas have been pro- tell you about that for a minute. Cel- one of the five or six or eight areas in ducing oil for over 100 years. In fact, lulose, or excuse me, ethanol today is the country where they are doing re- just in August I was at Coffeyville Re- produced from the kernel of a corn, is search work on the fuel cells. sources, in Coffeyville, Kansas, where the example I use. The kernel of a corn. There are lots of exciting things. But they have had a refinery for 100 years. Once it is processed, there is a by-prod- in the meantime, though, as the gen- They were celebrating 100 years of pro- uct they take to the feed lot, and it is tleman pointed out initially, and we ducing gasoline. It was very inter- very good for the cattle. Right now, are going to push these alternative esting. the cost of ethanol is somewhere technologies, solar and wind and all of Now, contrast that to the Democrat around $2 to produce, sometimes it is them as far and as fast as we can, but policies of not drilling in ANWR. Here $3, based on how much they can get for in the meantime, we need to continue we have Kansas, and we think it is their by-products. But if we can suc- to develop the new sources of petro- beautiful country. We love the people cessfully develop this cellulose, they leum. there. The production of oil is done in not only use the kernel, but they use One of the problems we have, as the gentleman observed, we haven’t built an environmentally safe manner. We the cob, they use the husk around it, new refineries in the last 25 years. It is all live there, our kids are healthy. In they use the stalk, they use the tassel, true that we have expanded capacity fact, we just had a couple in Kansas and they can even use the root. And within the existing locations, so that that celebrated their 80th wedding an- they can chop all that up and process it has helped us get through what would niversary. Isn’t that wonderful? An and use that cellulose to make the eth- otherwise be an insurmountable prob- 80th wedding anniversary. Well, it is a anol. healthy place to live. If the technology advances, as it is lem. But the fact of the matter is that now third world countries like China But the Democrats didn’t want us to proposed, they can produce it not for $4 and India are coming into their own. drill in ANWR. ANWR is basically a a gallon, not for $2 a gallon, but for There is greatly increased competition frozen tundra, but it has been roman- $1.07 per gallon. Some believe they can ticized to be this glorious place with for petroleum. get below $1. Can you imagine how nice huge, beautiful green mountains and This country has increased its gaso- it would be if we could go to the gas reindeer running everywhere, caribou line usage enough that if you have a pump and buy E–85, 85 percent ethanol, everywhere, and polar bears every- natural disaster, like we had last year 15 percent gas? Fifteen percent of that where. But basically it is a frozen tun- in the Gulf of Mexico, where we have would be $3 a gallon, and 85 percent dra. It is moss on top of a flat plain. quite a bit of refining capacity, then would be at $1 a gallon. What is the Well, all the space we were asking for we don’t have enough, and then there is composition there? It is significantly in H.R. 6, the Energy Policy Act, was a shortage and then the price goes way lower than what we are seeing today. It 1,600 acres. up. We ought to, just to protect our na- That is about three sections. If you would be below $2 a gallon. That would tional security, develop more refinery are a farmer, you know what a section be a good step forward to reducing the sites. is. It is a square mile. It is about three cost of energy. And it is true that the Democrats square miles, basically. That was all But those research and development tend to oppose this every step of the that was needed to produce oil, and oil policies, those new ideas were opposed way. And what happens then, when we that would make a significant reduc- by the Democrats. We are trying to do get these huge price spikes, people tion in the cost of gasoline in America. lower the price of fuel; they are oppos- need to understand that we could avoid But it was opposed by the Democrats, ing us every step of the way. a lot of that if we took some steps now the Energy Policy Act. Mr. DOOLITTLE. If the gentleman and built some more refineries. We We passed a bill called the Refinery will yield. You know, ethanol is very could avoid a lot of that if we would Permit Process Schedule Act, a piece exciting. The President has proposed drill in ANWR. Fortunately, we made of legislation that I worked on, to help the hydrogen initiative, which the the biggest discovery of new oil in the us move the regulatory process along burning of hydrogen has no by-product gulf since the discovery of oil at so that we could update our refineries. except good old H2O coming out of the Prudhoe Bay, and that just happened We haven’t built a new refinery in this tailpipe. These things, I know, sound here in the last week, so that is very, country for about, what, 25 years? futuristic, but, actually, hydrogen fuel very fortunate, but we ought to be en- Mr. DOOLITTLE. Yes, that is right. cells exist. I drove a hand-built, mil- acting this deep water bill that Mr. Mr. TIAHRT. So now we are trying to lion dollar Toyota Highlander around POMBO has sponsored out of the Re- expand the ones we have now and ac- Roseville that was a hydrogen fuel cell. sources Committee because it would celerate the permit process. It was op- It was quiet and powerful. It was excel- vastly increase the reserves of petro- posed by 176 Democrats. They did not lent. leum and natural gas and would lower want to see our refineries expanded, be- Now, one of the problems that is not the price for people in this country. cause they knew that would reduce the quite worked out is they do not have And it would be a huge boon. price of gasoline, and they are opposed the longevity they need to have. But it It is frustrating to see that there is to that. They smile when the gasoline is the Republicans’ intent to get us such partisan antipathy towards, and prices are up; they frown when gasoline completely off of petroleum. We almost unanimous opposition from the prices are down. shouldn’t have to be dependent on Democrats to us moving ahead. It just They also opposed the Deep Ocean something that comes from foreign slows down our ability to get things Energy Resources Act. This is where countries, who, by the way, for the done. we drill more than 100 miles off the most part, are hostile foreign coun- Mr. TIAHRT. And you are talking shores of America. And 156 Democrats, tries. And it is time that we, just as a about the contrast that we have be- including the Democrat leadership, op- matter of national security, get off of tween the philosophy the Republicans posed this bill of expanding our produc- our dependence on oil. have, trusting people, believing in the tion so that we could reduce the cost of We are moving, I am voting, and I be- free market, and the philosophy that energy in America. lieve you are too, just as fast as we can the Democrats and liberals have of The Democrats have no plan for re- to get into something else. And there telling people what to do because they ducing energy other than just saying are some transitional technologies, are not smart enough themselves.

VerDate Aug 31 2005 03:45 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00099 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.159 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6636 CONGRESSIONAL RECORD — HOUSE September 14, 2006 There is a real good article that was are more right than they realize, but it Mr. TIAHRT. House Republicans also in today’s Washington Post that was is not how they anticipated. Before proposed 95 program terminations for a written by George Will, and it talks they went after Wal-Mart, which has savings of $4 billion. This year, Mem- about a Wal-Mart that is located in Ev- 127 million customers a week, they bers’ requests for projects was reduced ergreen Park, Illinois. This is a suburb went after McDonald’s and tried to sue by 37 percent, and the dollars spent on just a few miles from Chicago’s city them for people being too fat. They projects declined in every spending limit, and that suburb is 88 percent have 175 million customers per week. bill. Overall, spending on Member white. But at this Wal-Mart, 90 percent Then, in an article written by the lib- projects was reduced by $7.5 billion this of the customers are African American. eral magazine American Prospect, they year. Now, one of the women that were gave full page ads talking about who Mr. DOOLITTLE. And the increase in interviewed there was pushing a shop- was responsible for lies, deception, im- mandatory spending, and two-thirds of ping cart, and she had a 3-year-old morality, corruption, and the wide- the budget is mandatory spending, we along, but she had kind of a chip on her spread labor, human rights, and envi- slowed the growth rate of mandatory shoulder. And she told this interviewer ronmental abuses, and having brought spending for the first time in 9 years. that, well, she applied for a job here great hardship and despair to the peo- 1997 was the last time that happened. and they didn’t hire her because the ple and communities throughout the Those are two huge accomplish- person that was doing the hiring had world? What villain were they talking ments. an attitude. So the interviewer says, about? Were they talking about North Mr. TIAHRT. Today, through the well, why are you here? And she looks Korea? No. Were they talking about rules of the House, we enacted earmark at the questioner as though he was the Bush administration? One would reform to make sure there is clarity dimwitted, and directs his attention to think that would be one of them, but, and visibility in what we are doing the low prices at the DVDs on the rack no. Were they talking about Fox News through the earmark process. next to her. Well, it turns out 25,000 network? No. They were talking about In contrast, the Democrats have no people had applied for the 325 openings Coca Cola. plan. They have not proposed any plan in that store. The liberals are opposed to the free to improve mandatory spending pro- Now, this really vexes the liberals, market system. They are opposed to a grams. They have tried to add $45 bil- according to what Mr. Will says in his company like Coca Cola, which sells 2.5 lion in new spending in the Appropria- article, liberals, such as John Kerry. billion servings of Coca Cola every tions Committee alone. More was at- He called Wal-Mart disgraceful and week. tempted to be added on the floor, and symbolic of what is wrong with Amer- b 2030 over the past 4 years, the Democrats, ica. What is wrong with America. It goes on to say when the liberal had they been in control, they would That is kind of puzzling, because the Presidential nominees consistently have increased discretionary spending median household income of Wal-Mart failed to carry Kansas. And I am from by over $106 billion. shoppers is under $40,000, but it is a Kansas. Liberals do not rush out to They voted against the Deficit Re- huge job creator. In fact, they have 1.3 read the book titled, ‘‘What’s the Mat- duction Act. The Democrats unani- million jobs, almost as many as we ter with Liberal Nominees.’’ No, they mously voted against H.R. 4241 in No- have people in uniform for the entire look to a book turned into a best seller vember of 2005. The final vote was 217– U.S. Army. And according to a that is called, ‘‘What’s the Matter With 215. The Republicans held the line on McKinsey Company study, Wal-Mart Kansas?’’ And it ends with saying, no- the deficit. We reduced it. accounted for 13 percent of the Na- tice the pattern here, the book ‘‘What’s The Line Item Veto Act, which would tion’s productivity gains in the second the Matter With Kansas?’’ says that save money, 156 Democrats, including half of the 1990s. In other words, Wal- the people in Kansas don’t get it. the Democratic leadership, voted Mart was one of the reasons the Clin- They vote for conservatives, they against it. The final vote was 247–172. ton administration looked so good eco- should be voting for liberals. People Earmark reform bill, H.R. 4975, Lob- nomically, yet they think that is what are going to vote for people that they bying Accountability and Trans- is exactly wrong with America. feel best represent their ideas of sup- parency Act, 192 Democrats were op- The article goes on to say that they porting the free market, personal lib- posed to that act, including the leader- have accounted for more than $200 bil- erty, trying to give them the oppor- ship. lion in savings a year, which dwarfs the tunity to make their dreams come To make matters worse, they are government’s programs for the poor, of true. eager to raise taxes which will have a food stamps of $28.6 billion and the Liberals want to tell even places like horrible impact on the economy. They earned income tax credit of only $34.6 Wal-Mart and McDonald’s and Coca- want more revenue to increase govern- billion. In other words, Wal-Mart has Cola and voters what to do. So there is ment spending. That is what they pro- increased the standard of living for a sharp contrast between the Repub- pose. working poor people and people who lican and Democratic Parties. In our final time here, I want to talk earn below $40,000 here in America. In It carries over into Federal spending a little bit about the September 11 res- fact, people who buy their groceries at control. Republicans have had strong olution that was passed yesterday on Wal-Mart save 17 percent. plans to hold the line on nondefense, the floor of the House and show the Now, I am not here to advocate for nonhomeland security spending. Even contrast. Wal-Mart, but I am here advocating for in time of war, when we have a threat JOHN BOEHNER said on Wednesday, the free market system and contrast of terrorism, we want to make sure when we adopted this overdue resolu- the Democrat policies with the Repub- that we protect this country. But when tion marking the fifth anniversary, but lican policies. it comes to the other part of the gov- only after a lengthy and partisan de- The Chicago City Council, uncon- ernment, we are holding the line on bate which further exposed the sour re- cerned about the sales tax they would spending. lationship between the Democrats and get, passed a resolution saying that Last year, in the Appropriations the Republicans, we finally passed the Wal-Mart would have to pay certain Committee that Mr. DOOLITTLE and I bill. Why was there some opposition to wages. They wanted to dictate the serve on, we eliminated 53 programs, it? According to JANE HARMAN, a Dem- wages. They wanted to tell them what saving taxpayers $3.5 billion. We cut ocrat from California, ‘‘I wish we could to do and to tell them what benefits earmark spending by $3 billion without have considered a different resolution they were going to give. Wal-Mart said, any legislation, and we passed, each today.’’ if you are going to do that, we are not year, our bills on time, under budget, I thought we ought to spend a little going to build any stores in Chicago, so and avoided massive year-end omnibus time talking about that resolution. Mayor Daley vetoed that. packages. House Resolution 994 was a com- But the liberals think their campaign Mr. DOOLITTLE. Nondefense discre- memoration of the fifth anniversary of against Wal-Mart is a way of intro- tionary spending was cut for the first September 11. Most was very generous ducing the subject of class warfare in time in 19 years. Ronald Reagan was and general in its verbiage. For exam- the American political process. They President the last time that happened. ple, the resolution, ‘‘Expressing the

VerDate Aug 31 2005 03:45 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00100 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.160 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6637 sense of the House of Representatives ington, D.C., or New York City or The vision statement is, ‘‘We will on the fifth anniversary of the terrorist Wichita, Kansas. For us to get out of promote the dignity and future of attacks launched against the United the Iraq early would be a horrible mis- every individual by building a free so- States on September 11, 2001.’’ No prob- take. ciety under a limited, accountable gov- lem with that. The stated goals of al Qaeda and Al ernment that protects our liberty, se- ‘‘Whereas on the morning of Sep- Zawahiri, the spiritual leader for bin curity and prosperity for a brighter tember 11, 2001, while Americans were Laden, he said our stated goal is to get American dream.’’ That is what the attending their daily routines, terror- the Americans out of Iraq. They could Republican Party is about. That is ists hijacked four civilian aircraft, declare victory if we took the policies what the Republican-controlled House crashing two of them into the towers of that the Democrats have been report- is about. the World Trade Center in New York ing of leaving Iraq and getting out. We We are pleased that we can talk to City and a third into the Pentagon out- have to complete this job. the American public and the Speaker side Washington.’’ There will be a time to leave Iraq tonight about what we have been doing No problem there. when the country is a safe democracy, to show the contrast and carry out the It talks about the nearly 3,000 lives when it is controlling its own borders, possibility for every American to pur- that were lost and about how it was al when it is controlling its own crimi- sue their dream successfully. Qaeda who declared war on us, which is nals, when it has a government that all in the news and everybody agrees. continues to be effective as a democ- f Why was it controversial? It was con- racy. That is when it is time for us to 30-SOMETHING WORKING GROUP troversial because the resolution talks get out. We cannot afford to allow a about what the Republicans have ac- safe haven for al Qaeda, and that is The SPEAKER pro tempore. Under complished to respond to the terrorist their stated goal. By pulling out early the Speaker’s announced policy of Jan- threat. it would simply give them a victory uary 4, 2005, the gentleman from Flor- ‘‘Congress passed and the President and make us less safe. ida (Mr. MEEK) is recognized for 60 min- signed numerous laws to assist victims, This battle needs to be fought where utes. combat the forces of terrorism, protect every American carries a gun. That is Mr. MEEK of Florida. Mr. Speaker, it the homeland and support members of what the 9/11 resolution was leading to. is an honor to come before the House the Armed Forces who defend Amer- I supported this, but it was opposed on once again. As you know, the 30-Some- ican interests at home and abroad, in- the floor by the Democratic leadership thing Working Group has been coming cluding the U.S. PATRIOT Act of 2001 and the Democrats. But when the chips to the floor for 31⁄2 years with great in- and its 2006 reauthorization, the Home- were down and everyone thought about tensity in the last 2 years because a lot land Security Act of 2002, and the En- November 7, a majority voted for this has been happening to America versus hanced Border Security and Visa Entry resolution. for America as it relates to national Reform Act of 2004, the Maritime Mr. DOOLITTLE. Osama bin Laden policy in the area of health care, edu- Transportation Security Act of 2002, said the center of the war on terror is cation, economic development, helping and the Intelligence Reform and Ter- in Iraq, yet we hear Democrats assert- small businesses and large businesses rorism Prevention Act of 2004.’’ ing Iraq has no connection to the war provide health care insurance for their Now the Democrats don’t want the on terror. Osama bin Laden declared workers. people in America to be reminded that that, and that is why we need to under- We can go from as large a company Republicans have responded to the stand it is important that we succeed as General Motors having to cut back threat and passed good legislation in Iraq against the terrorists. on their employee workforce and hav- which has become effective and now is Mr. TIAHRT. The policy of Howard ing to make major cutbacks at U.S. making a difference. It is hard to argue Dean and many of the liberals in the companies because of a lack of a policy with success. We have not had a suc- Democratic Party has been, let’s not dealing with health care. You can go cessful attack in the United States of fight them, let’s not capture them, all of the way down to the small busi- America since September 11, 2001. let’s not interrogate them, let’s not ness that only has 5 or 6 employees I have heard it said on the floor, we bother them. If we leave them alone, that are encouraging their employees are not safer than we were before Sep- they will leave us alone. We knew, to get on Medicaid because they can’t tember 11, 2001. I say we are safer than going back into the 1970s when we were afford to give them a package that is we were before September 11, 2001. leaving them alone, that they were affordable for those individuals to pro- Thanks to the Republican leadership going to come after us. They came vide health care insurance for their and the President of the United States, after us in Lebanon in the 1980s and families. thanks to the young men and women in they killed 241 of our Marines. They Those of us in the 30-Something uniform who have taken the fight to went after our embassies in Africa, Working Group, we don’t come to the the terrorists. they went after the USS Cole, they floor to say Republicans, Democrats, This battle is going to be fought went after the World Trade Center in Independents, what have you. We come somewhere. The al Qaeda membership 1993, and came back in 2001. And since to the floor to give the American peo- tells us that on their Web sites, in then, even though this country has not ple the straight talk and also Members their interviews, and when we catch been attacked on its home soil, there of Congress straight talk about what their data off laptops or printed mate- have been attempts. they are not doing for their constitu- rial. They are going to bring this fight Thanks to our police force, the ents and Americans in general. to us. United States Government, the CIA, We are the leader of the free world as I observed an interview in Guanta- the FBI, those who try to protect us, it relates to a democracy, but our de- namo Bay at the facility there. I heard the President and his leadership, we mocracy and economy is suffering be- through an interpreter what one al have not had a successful attack by cause of a lack of oversight, a lack of Qaeda member said while sipping tea terrorists on American soil since Sep- adhering to Article I, section 1, of the while being interviewed. He said, tember 11, 2001. U.S. Constitution that says we are sup- ‘‘When I get out of here,’’ not if, but The policies proposed by the liberal posed to be the legislative body. when, ‘‘it is death to America, death to Democrats are dangerous for America. Mr. Speaker, I must say there are a America, death to America.’’ The Republican policies will lead to a number of Republican Members that Now there are many people here that bright future where this country is are coming down to the floor because I think we are going to be safe, these safe, where the economy is strong, and can tell you, if I was on the majority guys are just criminals. We don’t need where every American will have an op- side, I would be quite nervous right to be in Iraq. I have to tell you, for portunity to make their dreams come now. When the election is 50-some-odd one, I hope that this war is fought over true. That is the stated goal of the Re- days away and the American people are there where the terrorists are, where publican House. It was the very goal looking around and saying, why don’t every American carries a gun instead that we read, our vision for the future. we have the essentials, such as a health of fighting it on the streets of Wash- I would like to close with that. care policy?

VerDate Aug 31 2005 03:45 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00101 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.161 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6638 CONGRESSIONAL RECORD — HOUSE September 14, 2006 Why do we have a number of red and rubber stamp Congress and not allow- them have spoken out on the fact that blue States suing the Federal Govern- ing seniors not to have that security we need a plan in Iraq. The plan is, is ment over lack of funding for Leave No that they signed up for. what the President has said, stay the Child Behind? So I must say that this is not rhet- course. If I was a CEO of a company, Why do small businesses have to tell oric, this is fact. and we overspend, mismanagement, their employees to get on Medicaid, a I just want to mention something, scandals as it relates to U.S. stock- government program, when they could since I am joined here with my friend, holders, I would say to the U.S. tax- provide health care insurance for their Congresswoman DEBBIE WASSERMAN payers in our case that have lost employees? SCHULTZ and the 30–Something Work- money, report after report, attacks are Why do we have veterans that are ing Group. We don’t have to quote up in Iraq. going to see a specialist at a VA hos- what Democrats have said about this We have the President of Iran and pital and have to wait over 3 weeks, in Republican majority. We can quote the the Prime Minister of Iraq, look at this some instances 2 months, to see that past Speaker of this House of Rep- right here. It is not a handshake, this specialist when they have a problem? resentatives, Newt Gingrich. There is is embracing. These two countries were Those individuals shed blood and not a day that you pick up the paper at war. I have been to Iraq. watched their friends and colleagues and he says he doesn’t understand what I have gone in the parade stadium and comrades die. Those individuals is going on in Congress right now. that Saddam Hussein had where the come here to the Washington Mall, This is an individual, that led the helmets are embedded in the ground right down the street from this Cap- quote, unquote, Republican revolution there as you march into that parade itol, to see the names and sometimes that took place. They were supposed to stadium, stepping on the helmets of visualize the faces of those individuals balance the budget, they were supposed Iranian soldiers, that they defeated who lost their lives. These are individ- to make sure that they have account- Iran in past conflicts, and, look. This is uals that may not have legs or arms. ability, they were to make sure that the Prime Minister of Iraq that came Some are living the memory of what they have maximum oversight. None of and spoke at that podium, here, that they went through, but yet they have that has happened. the U.S. taxpayers paid for, democracy to stand in line. If I can just take, about, maybe 4 over 224 years, came there and spoke to If I was a part of the Republican ma- minutes, and just kind of go down the this U.S. Congress in a joint session. jority, I would have an issue as relates line, because I know the previous I was sitting right there. I remember to the wrong direction that they have speakers kind of painted this picture it vividly. He had very disparaging led this country. that the Democrats are stopping some- comments to say as it relates to Israel, thing great from happening. and he has gone on to Iran. What hap- b 2045 Well, I just want to break this down pened at that meeting, Ms. WASSERMAN I wouldn’t say the Republican major- for the Members in case we don’t un- SCHULTZ? He said, we have a bond, we ity has led the country in the wrong di- derstand the majority and minority have cooperation, and we are going to rection. They have followed the Presi- rule here. We can’t bring a bill to the work together as it relates to defense dent in a rubber stamp atmosphere. floor, not that we don’t have the desire for the region. They haven’t stood up to the President to do so, it is because we are in the mi- Here is a man, the President of Iran, and said Article I, section 1 of the U.S. nority. The bottom line we are in the that has said, I want to debate the U.S. Constitution says we have to legislate, minority, especially in this partisan President. Not only do I want to debate we have to have oversight. So shall it House of Representatives, because only the U.S. President, we are willing to do be written, so shall it be done, by the the majority can allow bipartisanship, everything that we have to do, and he President of the United States, and true bipartisanship. We have already has nuclear weapons right now that are now we find ourselves in a situation said, if given the opportunity within a in development that are pointed at our that we have never been in the history little bit over 50 days, that we would allies in the Middle East and could be of the United States of America. This work in a bipartisan way starting in a threat to the United States of Amer- is not political rhetoric, this is the January, tackling the major issues. ica. fact. This is a fact. Now, here are the facts, the only When we started talking about the Now we have a President that is run- party in this House that has balanced facts, we have a notebook of facts. As ning around here saying that he wants the U.S. budget, the Democratic major- a matter of fact, we have a whole milk to privatize Social Security, if he has a ity at that time, without one Repub- carton here of facts. The fact is that Congress that would deliver it, a ma- lican vote. We balanced the budget. We the Republican majority can’t come jority, in the next Congress. Now, I can were not borrowing from foreign na- when they have full control. It couldn’t tell you, the President came in, he had tions. If someone wants to ask a ques- be better. It could not be better. How privatization, he had 2 privatization tion, why don’t we have a true coali- can you have the majority in the Sen- commissions that went out and tried to tion in the war on Iraq? We don’t we ate, a majority in the U.S. House, the find information on how they can pri- have the cooperation that we need to presidency of the United States of vatize Social Security. be able to go after Osama bin Laden America, all of the cabinet secretaries We spent a lot of time in the first and Afghanistan where poppy plants, I are on board, and it is a streamline. It half of the of the 109th Congress last must say, Ms. WASSERMAN SCHULTZ, is is a streamline of rubber stamping. year trying out how we could please the main funder of the al Qaeda net- The President sits in the Oval Office, the President, the majority, how we work in Afghanistan. and we have evidence that the private could please the President by Meanwhile, we have troops and coali- sector is welcome to the Oval Office, privatizing Social Security that would tion forces that are saying that we those individuals, special interests, I cut benefits for survivors, that would need help, and we cannot respond. The wouldn’t say private sector, I say spe- cut benefits for retirees and cut bene- reason why we cannot respond, because cial interests that are sitting at the fits for individuals that became dis- we have this war of choice in Iraq. Over table, that are taking out their pens abled at the time of war. 2,000 Americans have lost their lives, and writing policy, and they send it to The only winners in the privatization the second largest coalition there out- Capitol Hill. of Social Security would have been side of, without looking at notes, with- When they send it to Capitol Hill, Wall Street to the tune of $530 billion. out looking at notes, the largest coali- they are met at the front door. The Re- I can speak boldly here today. I don’t tion that is there outside of the U.S. publican leadership says, Mr. Presi- have to look at notes, because I al- forces are, what, U.S. contractors, at dent, if you say that this is the right ready know this. Those of us on the 30- the tune of over $300 billion that has thing to do, without a hearing, if a Something Working Group had well already been spent on the war, as far as hearing even takes place, because we over 1,000 townhall meetings through- I can see. have had bills that have come through out the country with a coalition of Republicans on the majority side are the door of the U.S. Capitol, and have Americans, Democrats and Republicans saying, the super majority of Repub- been on the floor by the afternoon, this to push back the President and the licans, because I do believe a few of brings a whole new meaning, Members,

VerDate Aug 31 2005 03:45 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00102 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.163 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6639 to that old cartoon that says, I am just Mr. MEEK of Florida. Actually it was b 2100 a bill on Capitol Hill, and it goes Boston College, and it was with the The FBI couldn’t talk to the fire- through a process. University of Miami. fighters, couldn’t talk to the police of- Guess what, that whole cartoon has Ms. WASSERMAN SCHULTZ. You ficers. And today, 5 years later, that is to change now, because that is not the are right. I stand corrected. You are still not in place. Even though it was a case. It talks about the House and the probably a little bit more accurate on recommendation of the 9/11 Commis- Senate, and it says it goes to the Presi- your football knowledge than I am. But sion. And it boils down to funding. You dent, the President vetoes it, it comes I do remember the Doug Flutie ‘‘Hail have to fund it. There is no way around back to the House and Senate, they Mary’’ pass. it, there is no other way to accomplish want an override, and it becomes law. That is what our colleagues on the it. But in this new version on Capitol other side of the aisle are engaged in at But what are we doing instead? What Hill, first of all it starts with the writ- this point, they are out of options. are we spending our money on? Let’s ing of the bill of a special interest here They are trying the tired path of scare look at what the war in Iraq currently in Washington, D.C. The special inter- tactics to try to convince the Amer- costs. ests write the bill and someone over in ican people that they are actually the Currently we are spending $8.4 billion the White House says, oh, would you, ones who are strongest on national se- with a B a month. We are spending $1.9 okay. That is fine. This is good. Okay, curity and homeland security. billion per week in Iraq on this war, done. That is not a democracy. It There is just too much evidence $275 million per day, $11.5 million per comes here, and it goes through the mounted against them that is trans- hour. process, and it starts with a special in- parent and apparent to the American Mr. MEEK of Florida. We are going terest. So we have to rewrite that car- people, that they see it every single to lay this on the table here, so the toon. day. All anyone has to do is turn on the U.S. taxpayers know what they are I look forward to Ms. WASSERMAN news, any channel, any hour that the paying for and also the Members know SCHULTZ. You said tonight you wanted news is on, to see that things aren’t what they are paying for. to talk a little bit about the homeland. going so well and ‘‘stay the course.’’ Ms. WASSERMAN SCHULTZ. Let’s You ran out of time last night as to All ‘‘stay the course’’ amounts to is a remember this picture. We have funded some of the facts. slogan, not a strategy. this relationship. We have made this I also have some other facts over If ‘‘stay the course’’ is their strategy, relationship between the Prime Min- here, but I think it is very, very impor- then I feel incredibly confident about ister of Iraq and the President of Iran, tant, as we start looking at what will happen 54 days from now. Ev- we have made that happen. These were www.HouseDemocrats.gov/ erywhere I go, and I have been all over sworn enemies. During our formative 30Something, our whole plan as it re- the country, so have you in recent years Mr. MEEK, Iraq and Iran were at lates to moving America in a new di- weeks and months, people, even the war, bitter locked-horns war. If you re- rection versus the wrong direction. most conservative individuals who I call, it was the Sunnis led by Saddam Like I said at the beginning, I would be have had an opportunity to talk to, are Hussein in Iraq versus the Shiites in very nervous if I was a Member of the dumbfounded that the Republicans Iran. majority side. I would be very nervous, have led us down this path, and are try- What has occurred is that we have and I would run down to the floor and ing to lead people in America to be- done by our actions in Iraq what thou- take every minute that I can take, lieve that they are moving us in the sands of years could not accomplish. every hour that I can take on the floor, right direction on protecting our We have basically upended the sta- trying to come up with the words of Homeland. bility that existed there and brought how they explain why things are not Monday was the 5-year anniversary, the Shiites into control, and basically what they should be in the war in Iraq, as you mentioned, of September 11. I created a hotbed of chaos and ter- in Afghanistan as it relates to, you was home, and I mentioned the last rorism that didn’t exist before. know, Osama bin Laden releasing couple of nights that I was home with Now, our colleagues on the other side audiotapes and members of his regime, our first responders commemorating of the aisle and President Bush would audiotapes constantly, videotapes, why that tragic set of events. One of the like very much to lead the American we don’t have health care in America, most disturbing things, what we did people and the international commu- why do we have a number of red and was we actually did a roundtable with nity to believe that the war on terror blue States suing the government, lack our first responders and sat down and actually exists in Iraq. But every inter- of Federal education funding, why asked them, where are we 5 years national expert that has weighed in on small businesses can’t provide health later? Are all the things that we said this insists that that is not the case; care, why we have an out-of-control and identified that were problems in that the chaos that exists there now deficit. the aftermath of 9/11, have they been was created and that the war on terror Why don’t we have bipartisanship addressed, are we working on them, doesn’t need to be fought in Iraq. The here in the U.S. House of Representa- what do you still need? way we fight the war on terror is mak- tives that the American people have We really have to listen, that is our ing sure that the homeland is secure. asked for? Why do we have veterans job, because we need to listen to our But we can’t do that, because our pri- that are waiting for weeks, months first responders and find out from them orities are in the wrong place and we sometimes, for health care? what is really going on the ground. I are spending this kind of money in Why, in our own words, why aren’t remember, I am sure you do too, that Iraq. we dealing with meaningful legislation one of the most significant problems I could stand here and make these in the last 8 days of this Congress? that was identified that has been claims all day long, but nobody would Ms. WASSERMAN SCHULTZ. Thank talked about across this country is the identify me as an expert on terrorism you very much to my good friend, Mr. interoperability, which is a word that or on the conflict, the war in Iraq. I am MEEK from Florida, friend and neigh- is difficult to understand. That means a Member of Congress, elected to rep- bor. It is funny, before we started this the inability for the first responders on resent my constituents. hour for our 30-Something Working 9/11 to communicate with each other So let’s turn to the people that we Group, we had an opportunity to listen while the event was unfolding. did ask to identify the problems in the to our good friends on the other side of That was one of the major, major aftermath of 9/11 and the war on terror the aisle, and their rhetoric. recommendations of the bipartisan 9/11 and the things we needed to do to pro- I was reminded of the Doug Flutie Commission that we had to fund and tect our homeland, The bipartisan 9/11 ‘‘Hail Mary’’ pass. I think Mr. Flutie improve the interoperability so that Commission, which was chaired by played for the New England Patriots in across all of the jurisdiction, all of the former Governor Tom Kean of New Jer- that game, and it was that ‘‘Hail intelligence and law enforcement juris- sey, a very well respected Republican, Mary’’ pass that was pretty darn mem- dictions, that there could be commu- and former Member of Congress Lee orable. nication. Hamilton, a very well respected former

VerDate Aug 31 2005 03:45 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00103 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.165 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6640 CONGRESSIONAL RECORD — HOUSE September 14, 2006 Member of Congress. All the commis- ‘‘Second, States and localities need the government to do the name check- sioners on there were chosen for their to have emergency response plans and ing. Right now, airlines screen pas- expertise. practice them regularly. Hurricane sengers against an incomplete list.’’ Let me just go through what they Katrina taught us a lesson that we How is that possible? What I have no- said on Monday. They wrote a public should have learned from September 11: ticed and what Americans really, if opinion piece, an op-ed that was pub- From the moment disaster strikes, all they were asked, if we went out of this lished in the Boston Globe and I know first responders need to know what to Chamber and walked down the street many other papers, and what they said do and who is in charge.’’ And if the di- and we asked most Americans what this: rections were coming down from the they can identify as the most tangible ‘‘As we mark the fifth anniversary of Department of Homeland Security and thing we have done to improve our the terrorist attacks, Americans ask, Secretary Chertoff and there was a homeland security, they would prob- are we safer? Two years ago the 9/11 plan in place and we had our priorities ably answer that they have to remove Commission found that our govern- right, then they would know that. But their shoes before they walk through a ment failed in its duty to protect us. there isn’t. metal detector and they have to check The commission, which the two of us ‘‘Third, we called on Congress to give their Coke at the door. led, made 41 recommendations to en- first responders a slice of the broadcast We cannot rest our homeland secu- sure that this Nation does everything spectrum ideal for emergency commu- rity, the sum total of it, on taking off possible to protect its people. Many of nications.’’ Again, the interpretability your shoes and not taking your Coke our recommendations, including those so they could communicate with each on the plane. We have to go much fur- to reorganize the intelligence commu- other. ther than that. We don’t check the nity, were written into law, yet no law ‘‘Those frequencies, which easily cargo that goes in the belly of the air- is self-executing. Implementation is carry messages through concrete and plane, we check less than 5 percent of often the harder step.’’ steel, are now held by TV broadcasters the containers that go through our And, boy do we know that, because it and will not be turned over to first re- ports, and we have some graphical de- is the Congress’ job to implement. All sponders until 2009.’’ What are we wait- pictions of that as well. the recommendations in the world can ing for? They ask, ‘‘Why should public Look at this. Less than 6 percent of come down from experts, but if Con- safety wait another 3 years?’’ U.S. cargo is physically inspected; 95 gress doesn’t pass a law, like you said, ‘‘Fourth, progress on information percent is not inspected. the schoolhouse rock explanation of it sharing among government agencies is Let’s take a look at some other sta- has to go through the legislative proc- still lagging. Because of failures in this tistics. This Republican Congress has ess, it has to pass the committees, it area, we missed many chances to dis- shortchanged port security by more has to pass both houses in the same rupt the September 11 plot. The Fed- than $6 billion. The Coast Guard indi- form and go up to the President and he eral Government is doing a better job, cated after 9/11 when they talked about has to sign it, that hasn’t happened. but there are still turf fights and gaps how much they needed for the Mari- What they said is, ‘‘We issued a re- in information sharing, especially with time Transportation Security Act that port card on our recommendations in State and local authorities.’’ they needed more than $7 billion. We December. It included 10 C’s, 12 D’s and Mr. MEEK, that was one of the things have appropriated $900 million, Mr. 4 F’s. What we argued then is still true that was the most striking to me on MEEK. The facts are all there. The now, Americans are safer, but we are Monday when I sat with our first re- words are spoken on the other side, but not yet safe.’’ That was the one question that I got sponders in South Florida. What they the facts just don’t back it up. said was that only 15 percent of their I am going to go through the last the most often on Monday, Mr. MEEK, couple of items, because this is so was, ‘‘DEBBIE, are we safer?’’ I got funding for homeland security comes asked that question by the press, I got from us, from the Federal Government. damning. And this isn’t coming from asked that question by constituents, Eight-five percent of what they were Democrats, this is coming from the bi- and the answer from the people that able to accomplish in the last 5 years partisan chairs of the 9/11 Commission, would know, the chairs of the 9/11 Com- was only due to the fact that our sher- and they wrote this Monday. mission, was we are safer, but we are iff’s office and our county have been ‘‘Eighth, security is not just a ques- not yet safe. Now, that is not a ringing very cooperative and stepped up to the tion of airplane procedures,’’ like I was endorsement over our efforts in the plate and gotten what they needed to just saying. ‘‘The fundamental problem last 5 years. do done. But there is a long way for is radicalization in the Muslim world. So they asked, what do we need to them to go, and there is no excuse for The enduring threat is not Osama bin do, because that is what people want to only 15 percent of the funding coming Laden, but young Muslims without know. from the Federal Government to secure jobs or hope who are angry with their ‘‘First, homeland security dollars our homeland, except that we have bil- governments, who don’t like the war in must be allocated wisely. Right now lions of dollars going over to Iraq. Iraq or U.S. foreign policy. We need to those funds are spread around like rev- ‘‘Fifth, FBI reform is moving in the do a better job reaching out to the enue sharing projects.’’ right direction, but far too slowly. Muslim world so that America is seen We had our friends on the other side Problems continue to plague the Bu- as a source of hope and opportunity, of the aisle claim that they passed this reau. Inadequate information tech- not despair.’’ remarkable earmark reform legislation nology, deficiencies in analytical capa- Now, one of the worst things that has today, which essentially only identifies bilities and too much turnover in the happened since our invasion of Iraq is a few individuals and ties them to the workforce and Bureau leadership. The the decline in the perception of Amer- projects that they proposed. But basi- bureau still struggles. ica’s standing in the world. We have so cally what the 9/11 Commission is say- ‘‘Sixth, we have taken a special in- degraded our relationships with foreign ing is that there are a bunch of little terest in the Privacy and Civil Lib- nations and world leaders and the per- projects that Members have been able erties Oversight Board, which we rec- ception of America has so badly dete- to insert into the process, but no re- ommended and the Congress created. riorated that you have young Muslims gional or comprehensive approach to The importance of a second opinion be- and young individuals across the globe appropriating homeland security dol- fore the executive branch goes ahead who have a view of America that is the lars so that you can get the really big, with controversial information gath- opposite of what kids worldwide and in- significant projects accomplished, like ering measures is essential.’’ dividuals worldwide looked at America interoperability. That just has not occurred. In fact, when President Kennedy, President ‘‘Until Congress passes a law to allo- the majority is moving in the opposite Johnson, President Reagan were in of- cate funding on the basis of risks and direction. fice. vulnerabilities, scarce dollars will con- ‘‘Seventh, we still do not screen pas- What this administration and this tinue to be squandered.’’ This is Tom sengers against a comprehensive ter- President have done to the perception Kean and Lee Hamilton’s words, not rorism watch list before they get on of America internationally is abomi- ours. airplanes. The sensible answer is for nable.

VerDate Aug 31 2005 03:45 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00104 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.166 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6641 ‘‘Ninth, Congress needs to reform Speaker, is the fact that what Ms. mittee. It is not even the Democratic itself.’’ Now, this is very interesting. WASSERMAN SCHULTZ has just gone Caucus. It is the National Security Ad- This is one of the most particularly through is not only factual, it wasn’t visory Group. When? August 1 of 2006. damming recommendations and criti- written by the Democratic minority, it These are individuals that are supposed cisms coming from the 9/11 Commission wasn’t written by some person over at to be the watchdog of national secu- chairs. the Democratic National Committee. rity. That is with what they are say- ‘‘Congress has provided powerful This is from the 9/11 Commission, and ing. powers to the executive branch in order they just recently released it, a bipar- How did this happen, Mr. Speaker? It to protect the Nation. To protect our tisan commission. didn’t happen because the Army and freedoms, it now needs to be an effec- Number two, it is almost not fair, Marines said, Hey, we want to over- tive check on the executive. Because so Mr. Speaker, for us to share this infor- extend ourselves and we want to put much information is classified, Con- mation, not only with the Members, ourselves in a position to where every gress is the only source of independent but with others, because it is so accu- brigade has been deployed to Iraq. This oversight on intelligence and homeland rate and it is unfortunate that it is ac- is the situation that we are in when we security issues. The oversight commit- curate. At no other time in the history go alone. tees need stronger powers over budgets of this country have we found ourselves Now, let us just put Iraq aside just and jurisdiction.’’ in this posture. for a second. When you look at the tes- That says it all right there, Mr. timony and those retired generals that b 2115 MEEK. The leadership of this Congress, are now free to say whatever they want the Republican leadership of this Con- Now, Members can come to the floor to say since they are no longer in the gress, has ceded the Congress’s over- and start talking about what we are Department of Defense, and, Mr. sight authority to the executive going to do with other countries. We Speaker, I must say for the record, branch. They have thrown up their owe other countries money. We are Secretary Rumsfeld just said recently, hands and given up and said, you do borrowing from other countries like we the last couple of days, anyone who whatever you want, because what are have never borrowed before in the his- comes to him about the issue of rede- they, Mr. MEEK? They are a rubber tory of the Republic, and that is the ployment within the Department of stamp Republican Congress and they reason why we feel encouraged to come Defense can go find another job, in so do whatever the administration wants. to the floor night after night, day after many words. Was there a chairperson They lay down and do whatever they day, week after week, month after of a subcommittee in Armed Services ask. And it even shocks the conscience month, year after year, and put it on or the Appropriations Committee as it of the chairs of the bipartisan 9/11 Com- printed paper in the CONGRESSIONAL relates to armed services, the Depart- mission. RECORD. So when historians look at ment of Defense? Was there the Chair When the Founding Fathers wrote this time and wonder where was the of the full Committee on Appropria- the Constitution, they wrote it so that U.S. Congress when all this was hap- tions in the U.S. House? Was there a there would be a system of checks and pening, I believe that historians are Chair of the Armed Services Com- balances, so that we are a coequal going to look back on this time and mittee that said wait a minute, hold it, branch of government. Only this ad- say the American people rose up, I am sorry? Is this the same adminis- ministration and this leadership in this Democrats, Republicans, independents, tration and the same Secretary of De- Congress don’t seem to want to adhere those that could not vote that made fense that said we take our lead from to that. themselves eligible to vote to stop this the commanders in the field and from ‘‘Finally,’’ they say in this piece, from happening. those experts that wear the uniform ‘‘preventing terrorists from gaining ac- Now, Ms. WASSERMAN SCHULTZ men- that have made a statement such as cess to nuclear weapons must be ele- tioned something about military pre- that? If I was a four-star general, a vated against all other problems of na- paredness and the fact that we cannot three-star general, or want to be a tional security.’’ Just like you were re- even respond to other issues that may three-star general, a two-star general ferring to a few minutes ago. happen in the world. I am on the or a brigadier general or a colonel that They ignore North Korea, they ig- Armed Services Committee, and we wants to one day become a colonel, I nore Iran. They are doing a lot of hand- come to the floor to conduct serious think I may step back and say, well, wringing over Iran because we are business. This is not some sort of news one of two things. Either I am going to spread so thin militarily, and, Mr. show where someone asks you a ques- be quiet in the Department of Defense MEEK, you are on the Homeland Secu- tion, some sort of trick question, and in this democracy that we call the rity Committee, you would know bet- you try to respond within 3 minutes. United States of America or I am going ter than anybody else, that we are This is the U.S. Congress. This is not a to retire. Guess what. These generals spread so thin militarily that we don’t 501(c)(3). I talked about that last night. have retired and they are talking, and even have all the tools in our arsenal What we have here, Mr. Speaker, is a they are talking about their frustra- available to us, because we are all over rubber stamp Congress that is willing tion. These heroes for our country are the place worldwide militarily. to rubber stamp anything that the now taking it upon themselves because ‘‘Nuclear terrorism would have a dev- President sends to Capitol Hill. It is they allowed us to this point to salute astating impact. The commission very unfortunate that this is the case. one flag, and they said they will give called for a maximum effort against And because of that, we have ourselves up their careers and they will step out this threat, including stepped up ef- in this situation. of the Department of Defense to be able forts to secure loose nuclear materials Under the leadership of the President to let the American people know what abroad, and our current efforts fall far and the Secretary Rumsfeld, U.S. mili- is going on. short.’’ tary readiness has dropped to historic Look at these generals. Look at They close by saying, ‘‘We will surely lows. The U.S. Army readiness, in par- them. You would have some Members face more terrorist attacks, yet our ticular, has dropped to levels not seen of Congress who say why are they sense of national urgency is lacking. since 1970 and will continue to be speaking against the Department of Our elected leaders need to act now to stressed by combat in Iraq which falls Defense? Why aren’t they still in the provide for the common defense, be- most heavily on the Army and Marine fight? Well, they are in a fight for de- cause the terrorists will not wait.’’ Corps. Two-thirds of army operating mocracy and the truth. They are in a If that isn’t a damning indictment of force, active and reserve, is now report- fight to make sure that the American our efforts in homeland security and ing in as unready, and there is not a people know exactly what is going on. the Republicans’ inaction, then I don’t single nondeployment of an army bri- They are in a fight for the very reason know what is. gade combat team in the United States why people have fought and died for Mr. MEEK of Florida. Well, Ms. of America that is ready to be de- this country to allow the American WASSERMAN SCHULTZ, I think it is im- ployed. people to know better. portant for me to just share some in- What is the reference point here? It Now, let me just mention something formation with the Members, Mr. is not the Democratic National Com- very quickly because I want to make

VerDate Aug 31 2005 03:45 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00105 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.167 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6642 CONGRESSIONAL RECORD — HOUSE September 14, 2006 sure that all of the Members know ex- attack happens to say I told you so. Mr. Speaker, where did we get these actly what they need to know as it re- That is not what the point is here. The numbers from? Why don’t we start with lates to the national security plan. point is it is protecting America by the U.S. Department of Treasury. Who Real Security, housedemocrats.gov/ doing what the 9/11 Commission called are the countries? Let us look at this: 30something. You can go on there and for. Japan, coming in at a whopping $682.8 get the Real Security plan. What else did they call for? Some- billion. China, coming in at $249.8 bil- Energy independence. Folks talk thing very simple. Other countries are lion. about Saudi Arabia. We, the Demo- doing it. A 100 percent container check We have Members coming to the cratic Caucus here in this House, want on cargo ships that are coming into the floor talking about we are going to be to invest in the Midwest versus the ports of the United States of America. the superpower and economic power of Middle East. We want to use our nat- Oh, wow, that is something simple. the world. Guess what. We owe these ural resources. We want to use coal. We That are then loaded on trucks and people money. How could we go to want to use E–85, which can be made that are going out to the United States them with a straight face and say this out of corn and what have here in the of America in towns and cities and United States of America. Energizing counties and urban areas throughout is what we are going to do and this is America. Go on housedemocrats.gov. America. The terrorists are patient, how we are going to do it because we You want to talk about innovation? very patient. 9/11 took a long time to are the United States of America? You want to talk about education? You plan. Why should we wait to learn what First of all, you need to let go of the want to talk about domestic issues? the terrorists’ new plan may be? money that you owe me as a country. You want to even see quotes from There are Members on this floor that You owe us. That is almost like going CEOs, Democrats, Republicans, and are making personal attacks on other to your next-door neighbor and bor- independents, that are trying to find a Members of Congress. What are those rowing $300 and then coming to them workforce innovating America? You personal attacks? Well, you know, we and telling them about what kind of want broadband access throughout feel that the Democrats are holding us plants they should be planting in front America? We are nowhere close to back and are they for the terrorists or of their house. How can you tell them, where the Republican majority and the are they for the United States of Amer- Mr. Speaker, when you owe them White House have said we are going to ica? That is silly. I am just going to go money? First of all, you can’t even get be as it relates to broadband. Right ahead and say that is silly. I won’t into the conversation about what they here: Innovation Agenda. even go so far as saying that the Re- should do and how they should do it as We have six points, Mr. Speaker, in a country and working in whatever co- 2006 to make sure that American peo- publican majority is helping the terror- ists. I wouldn’t say anything like that. operation it may be. It could be a G–8 ple know that we have the will and the summit. It could be an issue dealing desire to lead this country in a new di- But that is what happens, Ms. with the environment. They are going rection versus the wrong direction. WASSERMAN SCHULTZ, when you are to say, First of all, before you even get This is not talk. This is action. There gasping for air. When it is desperation. Ms. WASSERMAN SCHULTZ. Doug that out, now that you are finished, are bills right now filed in the 109th Flutie. when are you going to pay back this Congress in this second session that Mr. MEEK of Florida. Thank you. A $682.8 billion you owe me as a country will deal with the issue of education, Doug Flutie Hail Mary pass when the and my people? health care, national security, the war clock has now hit almost 0:00 and try- in Iraq. So the Republican majority, with the We have a plan for the war in Iraq. ing to sensationalize a speech or just White House, has placed us in a situa- What is the Republican majority plan? saying that, well, I will just say this tion that we have never been in before. even though it is not true. I know it is Stay the course? That is one line. Stay This is a rubber stamp. The Republican not true. And we even have Republican the course. Stay the course what? majority knows it. It is on the floor leaders that have made those kinds of What is your plan? Where is the coali- every night. Just like this mike is statements and have been asked by the tion? You are in control. It is almost here, this Republican rubber stamp is press about them and then said, well, I like someone driving a car and you are here. a passenger in the car. You are trying didn’t really mean that, but they Mr. Speaker, one guarantee. When to grab the wheel, but meanwhile thought it was important for them to the Democrats take control of this someone is there hitting your arm, say it here in the CONGRESSIONAL House, we are going to have a cere- saying, ‘‘You can’t grab the wheel be- RECORD in the House of Representa- cause we are in charge. We paid for this tives for several generations to see be- mony maybe about 150 yards away car. We are moving this car in this di- yond this one. from the Capitol building so that we rection, and this is what we are going So I think it is important, Mr. can burn this rubber stamp, so that we to do.’’ And the bottom line is that Speaker, that we talk about the facts. can then hold up the Constitution, so may be okay in a trip from Wash- And if I can for just a moment, the fact that we can hold up article I, section 1 ington, D.C. to Richmond, Virginia, is this: We borrow from foreign coun- of the U.S. Constitution and say we but it is not okay when you are talking tries like we have never borrowed be- will legislate. We will have oversight. about the United States of America fore. And I think it is important that I We will not have Katrina contractors and protecting America. pull this chart out. running away with U.S. tax dollars. We You want to talk about what we This Republican Congress and Presi- will not have a farm field full of trail- want to do as it relates to homeland se- dent Bush, and he couldn’t do it by ers and meanwhile we have people in curity? We want to implement what himself, borrowed in 4 years $1.05 tril- Mississippi and Louisiana homeless. Ms. WASSERMAN SCHULTZ talked about, lion; versus 42 Presidents, 224 years in This will not happen. We will not wait, the bipartisan commission, the full 9/11 the history of this country, have been as the Federal Government, for 3 to 4 recommendations. What are they? only able to borrow 1.01. I will say that days and watch people suffer on inter- Well, we have got individuals going to until the 109th Congress and beyond be- national television and then come back the plane, giving up hand sanitizers, cause in the 110th Congress, if the to Washington, DC, saying that we are guzzling down water, taking off shoes, American people will see fit, we will sending blankets and ice and we just belts, and what have you, having to pull this chart out again and we will started. leave a picture frame or something talk about our guarantee to knock this there at the Transportation Security number down. Forty-two Presidents, b 2130 Agency, TSA, there at the gate. Mean- 224 years, World War I, World War II, while a container comes in on a truck, other conflicts, the Great Depression, We will be there for the American a cargo container, goes right in the you name it, it has been a part of the people. This Constitution here, Article belly of the plane. It could be packed history of this country. One the Presi- I, section 1, of this Constitution says full of explosives. We will never know. dent, one Congress, $1.05 trillion, and that we have the legislative powers of But it does not satisfy me in any way counting, borrowing from foreign na- this country and it lands here in the to come to the floor after a terrorist tions. Congress, the Congress that consists of

VerDate Aug 31 2005 05:12 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00106 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.168 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6643 the House and the Senate. But we can- Congress brought up a bill talking Ms. WASSERMAN SCHULTZ. not do it in a rubber-stamp atmos- about the minimum wage, and they put Ms. WASSERMAN SCHULTZ. Thank phere. If there is a Republican, Inde- together a bill that would not see the you, Mr. MEEK. And I didn’t ask the pendent, Green Party, Democrat, some- light of day in the U.S. Senate, would gentleman to yield because you were body that is thinking about voting, never see the desk of the President of on such a roll, and you did such an in- somebody that is about to turn 18, they the United States. But just to say that credible job of laying out the difference have to have a problem, Mr. Speaker, we passed a bill off the floor, that is between what their priorities are and in the way this country is being oper- what they wanted to do. Well, we continuing to run in place, or where we ated. called it the Potomac Two-Step. would take us, which is a new direction Now, I am going to turn this over to And the bottom line is this, Mr. for America. Ms. WASSERMAN SCHULTZ in a minute, Speaker. The American people, they The bottom line is that on every but let’s talk about dollars and cents, don’t want slogans, they don’t want measure, on homeland security, on the if we can talk a little bit about the talk; they want action. And this Re- economy and jobs and the energy cri- whole domestic piece, the priorities. publican Congress has not put forth the sis, because there is no other way to There are some people that would action. describe when you have to spend more love for us to talk about the war in Now, to let you know in very blunt than $50 to fill up the average tank of Iraq. Well, guess what, there is pain terms as I yield to Ms. WASSERMAN gas, there is no other way to describe it except as a crisis. When you have that and suffering that is going on right SCHULTZ, we are going to go 5 minutes here in the United States of America and 5 minutes. I am into almost my situation facing you, when you have 46 every day from community to commu- fifth minute here, but I am going to million Americans who lack health in- surance, which means when they are nity, need it be a parish or a county, turn it over to you. sick they can’t go to the doctor; when need it be a city or a town, or need it Let me just say this. Within the first you have a President who is hell bent be a suburb, they are going through 100 days of a House majority by the on privatizing Social Security and real issues. Democrats, the minimum wage will be yanking the rug out from under seniors Talk about the minimum wage. Here raised, period. Not a lot of talking, not who have worked their entire lives so is a sheet right here, Mr. Speaker. This a lot of dancing around. The bill is al- that they have a floor of dignity hold- year alone, nine attempts by the ready filed in this Congress. But, guess ing them, so that they don’t have to what, the Republican majority doesn’t Democratic Caucus to raise the min- worry about choosing between medi- have the will or the desire to pass it. imum wage in America that has not cine and meals, then we have got to And this is what it means for salaried been raised since 1997. Since 1997, $5.15 make sure that we come to this floor workers: If the minimum wage moves an hour. You know, it is very, very un- every night and that we talk about the up to 7.25, then you will see workers fortunate, Mr. Speaker, that that is direction that we would take them and that are on salary that are making the fact. The Democratic plan that we that we would take this country. have been pushing for a very long time over the minimum wage, their wages Because we would invest in new al- is to move it from that number up to will nine times out of ten go up. Be- ternative energy, we would invest our $7.25. cause to be able to get a workforce to resources in new alternative energy re- But look what happened, Ms. what businesses need, they need to pay search. We would make sure that the WASSERMAN SCHULTZ. You would think their workers; that will then help hope- rhetoric that the President issued to us these are minimum wage increases. Oh, fully pay for the cost of health care during the State of the Union, where no, Ms. WASSERMAN SCHULTZ, Mr. that they have to pay. Some folks have he said we have to end America’s addic- Speaker. These are Members of Con- to make the decision, am I going to tion on foreign oil, that was just words gress. Oh, yes. We are starting to buy a have health care or am I going to live? with no action, that we will actually couple of new suits, a couple of St. And that is very, very unfortunate. But make that investment and invest in Johns. what has happened in this situation is the Midwest, in ethanol and corn pro- I am not calling anyone out, I am that the Republican majority has guar- duction and in our State and other just saying that is what it is. And the anteed that the minimum wage will States across the country that produce bottom line is that since 1997, the Re- never be raised, will never deal with sugar so that we can really make a publican majority has been in control, the issue of health care because there commitment to disconnecting our- they have been getting paid, and I won’t be any dollars to deal with it. selves from our dependence on foreign mean paid, every year. And I am going So I think it is important, Mr. oil; so that we can actually make sure to tell you, as a Member of Congress Speaker, to know exactly where we that we pass a prescription drug plan that has to keep a home in Miami and stand. Homeland security, fully imple- and change the one that the Repub- one here in Washington, D.C., it is a menting the 9/11 recommendations. licans wrote for the pharmaceutical in- strain on Members of Congress. Border security agents, the President dustry as opposed to the senior citizens And you know something, I don’t sent to this Capitol Hill 216 in his budg- that desperately needed the assistance, think the American people have a real et; we ask for 2,000 border agents to be that we rewrite that plan so that sen- huge problem with the issue of Mem- able to protect our borders just like iors have the ability to pay for their bers of Congress being able to support the 9/11 Commission called for. If they drugs, so that there is no doughnut their families, this, that, and the were to implement the Democratic hole that on September 22 our con- other. But when we don’t support amendments that came to this floor stituents are going to be falling them, when we don’t have their back, that were voted down in a partisan through and having an unbelievably then that is the problem. way, the majority took over, we would difficult time climbing out of. Those And I know, Ms. WASSERMAN have 6,000 new border agents working are the things that we would do. SCHULTZ, you are dying to get in on now on the U.S. border. After November 7, the new direction this, but let me just mention this. 1998, So when Members come to the floor for America that we will take this $3,100 for Members of Congress, zero for on the majority side, on the Repub- country in will restore that dignity to the American people. $4,600 for U.S. lican side and start talking about, oh, senior citizens, will make sure that we Members of Congress, zero for the we are tough because we say we are create a prescription drug program American people. $3,800, zero for the tough. And the Democrats, they are that provides them with the prescrip- American people. $4,900, zero for the holding us back. They are in the major- tion drug assistance that they need, American people. 2003 on to 2006, you ity; that is not true. that will invest in the Midwest, that see the numbers. 2006, $3,100, zero for I will go ahead and say it: That is not will expand access to health care, that the American people. true, Mr. Speaker. And the bottom line will make sure that we can pass stem Now, let me just make sure I am fac- is that, the fact is that we have come cell research into law, and restore the tual, Mr. Speaker, because that is what to this floor to bring about real secu- accountability that this Congress we do in the 30-Something Working rity in this country; and we will in a should have been exercising and the Group, because this is not about danc- new Congress if the Democrats are in oversight that we should have been ex- ing in the end zone. The Republican control. ercising.

VerDate Aug 31 2005 03:45 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00107 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.170 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6644 CONGRESSIONAL RECORD — HOUSE September 14, 2006 I mean, really, why have a Congress? gress come out over here, and in the That money will have to be paid back The way it has been operating since I same breath the question, the Presi- out of the labor of our children some- have been here, Mr. MEEK, and I have dent wants to privatize Social Secu- day. been here almost 2 full years now, why rity. But the surplus growth stops in 2017 have a legislative branch? The rubber I don’t know anybody that has advo- and it begins to decline until about stamp, the rubber stamp that is used cated for the privatization of Social 2042, where it is gone. here by the Republicans and their lead- Security. I don’t think you can find b 2145 ership, you know, it makes having a any seated Member of the Republican At that point, something has to hap- Congress essentially unnecessary be- Congress or the President himself that pen. The President’s looking cause they just do whatever the admin- has said, I want to privatize Social Se- downrange. A lot of us have looked istration wants anyway. curity. So that is a scare tactic that is downrange. We didn’t get to change the Listen, I could go home and spend a designed to spook people, but it surely Social Security program as much as we lot more time with my family than is not something that is an objective would have liked to, we didn’t propose come here and waste our time on nam- revelation of the truth. to for our senior citizens, because you The President did, though, invest sig- ing post offices and banning horse simply cannot do that because there is nificant capital in reform of Social Se- slaughtering. And not that those not time to grow funds. things aren’t important; they are im- curity. It was the centerpiece in his So the proposal was for whom? Mr. portant to some people, but they are second inaugural address. And after his Speaker, I will submit the proposal not the priorities of this country. They second inaugural address, with great that the President burned up so much are not the priorities of the people optimism and enthusiasm, the Presi- precious political capital on was for when we go walking down the street in dent went out and invested month the 30-something group, and the 20- our communities and when I go and after month after month in an effort to something group, and the teen-some- take my kids to their soccer game and reform a Social Security program that thing group, and the younger-than- to dance class, when I get in my car will ultimately collapse, reform it for, teen-something group, and for all gen- and drive my minivan around town. not for the senior citizens. There was erations yet to be born in America to The people that I talk to, they don’t nothing in his proposal for the people be able to own a part of their own fu- get it. They are scratching their heads, who were 55 years old and up. There is ture, to be able to invest that and to be and they don’t understand the rhetoric not a way that we can make the actu- able to count on the same type of re- that is coming out of here without any arial numbers change that. turns we have guaranteed as a sacred action, and they are yearning and beg- We keep our faith and keep our sa- covenant to our seniors. That is what ging us to give them a new direction. cred covenant with the senior citizens. that is about. We have got to provide them with that That is something that is clear And that is why it is so ironic that new direction. throughout everybody in this Repub- the 30-something group has rejected Mr. MEEK, we come to this floor lican Conference and all the people the very thing that is designed for every night as the 30-something Work- that are involved in this policy that I their generation and mischaracterized ing Group, and I know we are about to know of: Keep the faith with the senior it in a very cynical fashion and called wrap up here as we approach the end of citizens. it the privatization of Social Security. our 60 minutes. We really appreciate I represent perhaps the most senior It is anything but. But it would be and the opportunity that Leader PELOSI congressional district in America. Iowa it is still the best and only legitimate gives us every night. And I want to di- has the largest percentage of its popu- policy that has been offered before this rect our colleagues to our Web site, our lation over the age of 85 of any of the Congress that can bring us out of al- 30-something Web site, States in the Union, and in the con- most certain bankruptcy of Social Se- www.housedemocrats.gov/30something. gressional district that I represent, the curity downrange, at a point where it All of the charts that we have had out 32 counties in western Iowa, I have 10 will not be a factor to our senior citi- here are available on that Web site, of the 12 most senior counties in Iowa. zens but for the 30-something group and we encourage folks to e-mail us So I will argue that I represent a high- who have rejected it and decided to with comments and our colleagues to er percentage of seniors perhaps than scare everyone in America for cynical e-mail us with comments. anyone else in the country. And yet political reasons. Mr. MEEK, I yield to you. they understand that we will keep our The statement was also made by the Mr. MEEK of Florida. Thank you, sacred covenant with the seniors. We gentleman from Florida that the only Ms. WASSERMAN SCHULTZ. will hold those benefits together. party that has balanced the budget is I want to thank the 30-Something There was nothing proposed by the the Democratic Party, and that was Working Group for all the hard work. President, nothing introduced by any without a single Republican vote. How And we will be back next week, Mr. member of this Republican Conference can a statement like that be passed off Speaker. We would like to thank the that would have reduced by a single here on the floor and not be chal- Democratic leader for allowing us to dime, one single benefit to any senior lenged? We know when the budget was have the time. citizen. balanced. It was balanced after and f What was proposed was that a por- only after Republicans took the major- tion of young people’s contributions to ity in the United States Congress. And NATIONAL SECURITY Social Security could go into a per- that happened in 1994. The SPEAKER pro tempore. Under sonal retirement account, a controlled I will say that the young people that the Speaker’s announced policy of Jan- account, the kind of an account that came in here in this Congress and took uary 4, 2005, the gentleman from Iowa would be an approved account that over the majority in 1994 were com- (Mr. KING) is recognized for 60 minutes. would be the same thing as the Federal mitted, fiscally responsible people that Mr. KING of Iowa. Mr. Speaker, I ap- Retirement Investment Funds that came here to make a difference, and preciate the privilege and the honor of many of us are part of, many Federal they did. They squeezed that budget addressing you here on the floor of the employees are a part of. In fact, all of down, Mr. Speaker. They challenged House of Representatives. them that have the ability to direct President Clinton, Mr. Speaker, and I was listening to the presentation by some of their funds into retirement do they took this thing down to the point the 30-Something Group here over the invest into that. where President Clinton refused to last hour, and quite often it redirects It was a wise and a prudent proposal. allow a continuing resolution that the message that I intend to come It was something that looked would have kept the government oper- down to this floor to discuss, and of downrange. We know that Social Secu- ating. The government was shut down course this evening is no different. rity starts to go into the red in about not because Republicans spent too Being a proud and committed mem- 2016, 2017. There is $1.7 trillion in the much money, Mr. Speaker, but because ber of the Republican Party, and when Social Security trust fund. It is only a they hadn’t spent enough money. And I hear continually the message, rubber- promise; they are only IOUs in a filing so the challenge laid. Government was stamp Congress, rubber-stamp Con- cabinet in Parkersburg, West Virginia. shut down. Who would have to give in?

VerDate Aug 31 2005 03:59 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00108 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.171 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6645 Finally, Republicans said, okay, we in that speech that that was the mes- Arizona, and there at the port of entry will give you a little more money, Mr. sage at all. He wanted a guest worker, station, as I walked in there to talk to President, if that is what it takes to temporary worker program. And he some of the border patrol officers, and keep the government running, to keep said without that, we can’t enforce the as I was speaking with the commander things open, to keep services going to law on the rest of the criminals and the of that shift, we had only spoken for a needy people. We will keep the govern- drug dealers that are coming across the minute or two when he got an emer- ment running by giving you some more border. gency call and he said, excuse me, I money. And in spite of that, they still I don’t agree with him on that. I have to take care of this. So he stepped balanced the budget. The Republican think we have to cut down on that away and made some calls, and when majority in this Congress balanced the huge 4 million annual number of he came back he said, well, there has budget in spite of President Clinton, illegals, that huge human haystack been a knifing on the other side of the not because of him. And it sure in the coming across the border, and we have border, just within a mile or so. world was not without a single Repub- to seal the border. We have taken steps There is a community on the south lican vote. It was only with Republican to do that today. But if the President side there that comes right up to the votes. would have had a rubber stamp Con- border. And, yes, it is a smugglers’ I guess I will say that it was with Re- gress, he would have long ago, when he community, and it swells by about publican leadership and Republican asked for a guest worker program from 2,000 during the day, and those 2,000 votes and perhaps some on the other this Congress, and he went out hustling disappear at night and a new bunch side of the aisle did vote for that. They across this country, speaking over and comes back again. They smuggle drugs might make that argument, so I will over again of the need for a guest through in holes through our border. A just concede that point. But it surely worker and temporary worker pro- couple points to the east and a couple wasn’t Democrats balancing this, and gram, he would have had that. He points to the west of that port of entry it wasn’t without a single Republican would have had it a long time ago, Mr. that allows legal traffic through, and vote. Speaker, if this had been a rubber perhaps 150 to 180 vehicles a day come Again, the allegation: A streamline stamp Congress. through that port of entry at Sasabe, of rubber stamping. Think about that So there are three powerful things Arizona, and the estimate is that two statement. Mr. Speaker, a streamline really wrong with the earlier state- crossings east and two crossings west, of rubber stamping. This Republican ments. The rubber stamp itself is ut- all four of them have more illegal traf- Congress rubber stamping the Presi- terly wrong. We would have had Social fic than there is legal traffic going dent? If that had been the case, the 30- Security if it had been a rubber stamp through Sasabe. something group and the rest of Amer- Congress and we would have had a But there, when I stood in Sasabe, ica would have had Social Security re- guest worker program if it was a rub- Arizona, there was the emergency call. form. They would have had the kind of ber stamp Congress. It was not. And The commander of that shift made the program that would have allowed the those are probably two of the highest calls and found out that there had been younger generations to take a portion priorities the President has brought to a fight on the other side of the border, of their contributions and invest them this Congress in the 109th Congress, and likely was over a drug deal, and so that they could ensure their own fi- and neither one are law today or likely that there was a young male indi- nancial security. to become law any time soon. vidual, say in his early 20s, who was If it had been a rubber stamp Con- Let me say also that when I listened knifed over there and the ambulance gress, the President would have gotten to the gentleman from Florida say we was coming from Mexico into the what he wanted with Social Security have to rewrite that cartoon, that is a United States. So our border patrol reform, and I would have loved to have caricature that comes out here on the agent, and this being a routine act that given it to him, because it was a good floor of Congress on a regular basis. He happens, as he told me perhaps four plan and a good proposal. But there says I also have some facts over here. times a quarter, so 16 times a year. wasn’t a rubber stamp because there Well, I don’t think the word also is What are the odds I would be standing were enough Republicans that were, I going to apply, because from what I there when that happened? But he will say, attacked relentlessly in their saw, they were not facts. They were made the calls. Routine. political campaigns by these kind of not even solid opinions. He called two U.S. ambulances to scare tactics that intimidated them to Then another statement that was come to that port of entry to meet the the point where they backed away from made by the gentleman from Florida Mexican ambulance that was coming the Social Security reform, and we was, we don’t have health care in across the border, and he called the didn’t quite have the 218 votes to do America. We don’t have health care in helicopter out of Tucson to come down the thing that was best for America. America? There is nobody in America and pick him up so they could life No rubber stamp for the President, that doesn’t have health care, Mr. flight that person, of questionable because this Congress does think for Speaker. Everyone has access to health character, who had been knifed in a itself. It is 435 independent minds, and care, including the 12 or 22 million fight that was likely over a drug con- it is 230 or 231 Republicans that abso- illegals that come into this country flict, life flight him up to the Univer- lutely come here with a mission in and show up at our emergency rooms. sity Mercy Hospital at Tucson. mind and they draw their own conclu- Everyone has access to health care. No Well, as I stood there, we talked sions. They represent their districts one is denied emergency health care. about that, and the two ambulances he and they represent the people in their Yes, there are people that are unin- had called from the U.S. arrived, I districts and their carry their values sured, and maybe more would be in- would say shortly after the ambulance here. We didn’t have enough of a con- sured if someone was ever denied came in from Mexico. It was about 15 sensus. And I am frustrated. I would health care, but they are not, because minutes for the ambulance from Mex- have liked to have rubber stamped we are a compassionate Nation and we ico and perhaps 25 minutes for the am- that, because I had a chance to look at take care of people in this country. We bulances to come from the U.S. to that it and it was a good program, but we do not slam the door at any clinic or port of entry. The Mexican ambulance couldn’t do it. any hospital in the emergency room was just simply a meat wagon. It Then, if this is a rubber stamp Con- when people need help. We, at a min- looked like an ambulance on the out- gress, it seems to me that the Presi- imum, stabilize them and, generally, side. On the inside there was a gurney dent came before the American people we provide them with adequate care. and a wounded young male that had on about January 6 of 2004 and he made As a matter of fact, it isn’t just peo- been knifed underneath the rubs up a speech that I will call the guest ple in America that have access to into the liver. At the time they didn’t worker speech, and it was a major pol- health care. It is people that live on know if he had a punctured lung or not, icy speech on what the President would our borders who have access to free but he needed oxygen. The U.S. ambu- have liked to have seen with immigra- American health care. A case in point lances had oxygen; the Mexican ambu- tion. Now, he did speak somewhat to would be that several months ago I was lance did not. The Mexican ambulance enforcement, but I never got the thread down on the southern border at Sasabe, had surgical gloves and maybe a touch

VerDate Aug 31 2005 03:59 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00109 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.173 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6646 CONGRESSIONAL RECORD — HOUSE September 14, 2006 or two of bandages here or there. No good rather than something bad. From what happens if we don’t persevere and medicine, no oxygen, hardly anything 1980 until 1988, the Iranians and the ultimately succeed with a free country to treat him with. Iraqis fought each other, and over a in Iraq. So the U.S. ambulances came in, million people were killed in that con- Prime Minister Maliki’s statement: they put oxygen on him, stabilized his flict. I don’t think anyone in the world The fate of our country and yours is condition, and got him to where he had wants to see that again. I am glad they tied; should democracy be allowed to as much care as they could provide. are shaking hands. I don’t expect they fail in Iraq and terror permitted to tri- Then the helicopter landed, they load- are conspiring. In fact, I don’t think so umph, then the war on terror will ed him on it and took him off to Tuc- because I listened to the speech that never be won elsewhere. Think of the son to the Intensive Care Unit up was given here on the floor of this Con- implications of that statement, ‘‘The there. This was a Mexican national, gress by Prime Minister Nouri Al- war on terror will never be won else- wounded in a fight in Mexico, brought Maliki. where,’’ Mr. Speaker. If we should not into the United States for health care And the statement was made by the persevere in Iraq, as many on this side through the port of entry, and the word gentleman from Florida that the Prime of the aisle would like to do, sack up is ‘‘paroled’’ to the hospital in the Minister said bad things about Israel their bats and go home, that is the at- United States for the purposes of sav- here on this floor. So I took the trouble titude I pick up, they are trying to ing his life. to download the speech and read every convince us we cannot prevail. And the medical people did save his single word in this and looked for any In fact, I happened to have read at life. And I don’t object to that. I don’t reference to Israel whatsoever, good or least significant parts of von think you can let people die. We do not bad. Clausewitz’s book on war. He states let them die. We don’t let them die out- that the object of war is to destroy the b 2200 side the emergency rooms of our hos- enemy’s will and ability to conduct pitals or our clinics. In fact, we bring Mr. Speaker, I am going to include war. The enemy’s will and ability to people into the United States on a ‘‘pa- this for the RECORD and challenge any- conduct war, I reduce that down into role’’ to give them free health care in one in America to find a reference to the Steve King vernacular, which is, a order to save their life because we are Israel in this speech by Prime Minister war is over when the losing side real- a humanitarian nation. Maliki. If they can find some oblique izes they have lost. The statement that we don’t have reference, I would be very interested in There is will and ability as stipulated health care in America couldn’t be what he might have said that could be by von Clausewitz in his book on war, more false. Not only do we have health interpreted by the gentleman from and part of the object of war is to de- care for everyone in America, we have Florida as being a bad thing about stroy their ability militarily to con- duct war and to destroy their will. health care for people that are wound- Israel. When they run out of men and mate- ed outside of America and brought in As I read through the speech, I found some interesting statements that rial, it breaks their will down. here when we know there isn’t a But the strength of the will to con- chance in the world they will pay a sin- should be brought up, rebuttals to the remarks made as the picture was held duct war is an integral part of the gle dime for that. strength of a nation. If you can break And, by the way, I went to the hos- up here tonight. down that will, it is cheaper to break pital the next day to visit that indi- One of the statements by Prime Min- ister Maliki was, speaking of Sep- down the will than the military. It is vidual, and I looked at the accounting cheaper in lives, it is cheaper in treas- on the cost, and it was roughly $30,000 tember 11, ‘‘Your loss on that day was a loss of all mankind, and our loss ure. So a very essential part of con- to fix him up and send him back to his ducting war is to destroy the enemy’s home country. He was a rough looking today is a loss for all free people.’’ He continued, ‘‘And wherever human- will to fight. individual, but he looked a lot better Instead, we have people on the floor kind suffers a loss at the hands of ter- the next day than he did the night he of this Congress, Mr. Speaker, that rorists, it is a loss of all humanity.’’ was knifed in the liver. continually, every opportunity they We are bound in this together. So health care for everybody in get, come down here, and they must He continued, ‘‘It is your duty and America. Health care for people out- forget, at least that is the best charac- side of America. It is false to say peo- our duty to defeat this terror. Iraq is terization I can come up with, they ple don’t have health care. the front line in this struggle, and his- must forget when they speak here, Mr. The picture of the handshake be- tory will prove that the sacrifices of Speaker, their words are taken down tween Prime Minister Nouri Al-Maliki Iraqis for freedom will not be in vain. and their words are reflected across and Mahmoud Ahmadinejad. Because Iraqis are your allies in the war on ter- through the Internet. Their words are they shook hands, somehow the impli- ror.’’ transmitted around the world. And the cation is, or the 30-something group Do you think Admadinejad might leaders of our enemy, al Qaeda and would have you believe that that is have downloaded the speech? He has to other terrorist groups, as well as their some kind of a bond between Iraq and be aware of this because this speech rank-and-file members, are watching Iran and now they are going to con- was as public as anything that the on al-Jazeera. They are watching on spire against the United States. For Prime Minister of Iraq has ever done. I the Internet. They are watching as what purpose? am proud of the words he spoke here, these words unfold, and they are en- First, I would submit that I have and he could feel that he meant it. couraged by the words of defeat that I shaken hands with a lot of people, and He spoke about, history will record hear on the other side of the aisle. In I generally smile when I do that. I the bravery and the humanity, but he the end, it costs American lives. would wonder if there is anyone that said the fate of your country and ours But Prime Minister Maliki of Iraq serves in this Congress, out of the 435, is tied. The fate of Iraq and that of the said the war on war will never be won that hasn’t at some point shaken hands United States is tied. elsewhere should we allow ourselves to with their opponent in their political ‘‘Should democracy be allowed to fail fail in Iraq. race. Doesn’t mean they are your in Iraq and terror permitted to tri- Imagine if we deployed troops out of enemy. They are not. They are just umph, then the war on terror will Iraq, pulled them back inside this your opponent. But we shake hands never be won elsewhere.’’ shore, curled America into a fetal posi- with all kinds of people, and the impli- Mr. Speaker, this statement, made tion and guarded every school, every cation cannot be drawn because that by Prime Minister Maliki here on the baseball game and football game, every two national leaders shook hands that floor of this Congress not that long bus stop and hospital, and still watched somehow they are conspiring. Not at ago, July 26, 2006, is a seminal state- the attacks come, especially on our all. ment of this global war on terror and women and children, turn the United What one can presume from that is the seminal statement of the political States of America into one huge Israel. that they have diplomatic relations, campaigns that are going on between But no matter where terrorists attack Mr. Speaker. And those diplomatic re- now and November 7, because the us, we could never launch another for- lations, then, can turn into something American people need to understand eign exposition because politically we

VerDate Aug 31 2005 03:59 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00110 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.174 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6647 could not get it out of this Congress be- I gave a speech, and they laughed at them. They would find something else cause they would point and say, it is the right time and had the right reac- to be critical of. another Iraq. Look, we lost in Iraq. tions. They spoke English. They came And the most outrageous statement Some of the people on the other side up afterwards and surrounded me with of all from the gentleman from Flor- of the aisle went to Iraq and surren- their business cards and desire and ida, We have a plan in the war in Iraq. dered before we liberated them. Now ideas to rebuild Iraq. It was encour- His question to Republicans was: they are redefining what failure is and aging to watch the spirit within them. Where is your plan? saying, I predicted it. If they can get the oil out of the Well, I think maybe he got that We cannot let this country fail, Mr. ground and get the revenue stream script wrong. I think he probably un- Speaker. We have a destiny that we coming back into that country, they derstands that we do have a plan in the need to fulfill and that destiny pro- will be a long way along in their recov- war in Iraq. It is the commander in motes freedom throughout the globe ery. chief’s plan. I support it. I support and throughout the ages. The argument that this is a situation moving towards freedom for the Iraqi Maliki said in his speech, Iraqis have when we go alone, repeated over and people. tasted freedom and we will defend it over again; the gentleman from Florida My question is, 30–Something Demo- absolutely. He was interrupted with made that statement, we went it alone crats, people who think ‘‘Republican’’ thunderous applause for that state- in Iraq. I have been over to Iraq a num- is a four-letter word, where is your ment. And he reached out to us and let ber of times. I remember standing in plan? And I would further submit that us know that it is radical Islam, not the headquarters of the Coalition after 60 minutes of that kind of dia- Islam, that is our enemy. He gave us a forces in Basra. General Dutton of the tribe, I wonder what the suicide rate in line from the Koran. He said, ‘‘God British army was there. As we stood America is, Mr. Speaker? says in the Koran’’, notice he ref- there and had an informal conversa- Actually, I came here to talk about a erenced God, ‘‘surely we have honored tion, I began looking at the flags on different subject matter. What I want all children of Adam.’’ The brotherhood the shoulders of the soldiers. The Coa- to talk about is the accomplishment of man and woman is tied together in lition troops have the same uniform that we made here on the floor of Con- the reference to the Koran made by with their flag on the shoulders. gress today; and that is, for a long time Prime Minister Maliki. I took pictures so I could remember the American people have understood He said, ‘‘I believe these human which nations were represented, and I something that has taken quite awhile rights are not an artifact, a construct can remember a few. Great Britain, to go through to this Congress and the reserved for the few. They are a divine yes. The Netherlands, yes. Romania White House. That is, we have porous entitlement for all.’’ was there, the Australians were there. borders in America. What an American vision. What a The Poles were there. The Danes were The American people understand statement to make on the floor of Con- there. There were probably three or when they see people show up in their gress. It resonates with patriotic four other countries represented just in streets, taking jobs in their commu- Americans. It resonates with all peo- a random group that were standing nities, and when children are coming ple. around there, the Coalition Forces. into their schools and they are born in He continued, ‘‘It is on this unwaver- I don’t think the gentleman from a foreign country and they don’t have ing belief that we are determined to Florida went to visit the Coalition the kind of documents that would dem- build our nation, a land whose people Forces. He visited the American troops onstrate that they have come in are free, whose air is liberty, and where and forgot there were thousands of through a legal channel, and they start the rule of law is supreme.’’ troops there that came from other to see 1,000 of them show up and take He continued and said, ‘‘This is the countries and have been in Iraq from jobs, and in Iowa, for example, it would new Iraq which is emerging from the the beginning and have stayed there. In be in our packing plants, there is a real ashes of a dictatorship despite the car- fact, the Japanese sent 1,000 troops large social movement going on. nage of extremists, a country which into Iraq because they understand the b 2215 represents international conventions value of freedom, even though they are and practices noninterference in the a relatively passive nation. The blastosphere opened up and international affairs of others.’’ Then the half a dozen or so generals began to tell America the facts of it Just a portion of this speech, nothing that disagree with the President’s pol- all, and some of people came down to in here about Israel. There is plenty in icy in Iraq, and the continued argu- the floor of the Congress and made this here about freedom and about the aspi- ment that the President did not listen case, my good friend TOM TANCREDO rations of a newly freed people. As I to his advisers. And now they have among those. The people understood have looked them in the eye over in these retired generals that say, we this immigration issue long before Iraq in the times that I have been should have done this or that. The Congress was able to react. there, I have seen that desire to build President has always listened to his ad- We need to be in a position to lead, a country and a nation. visers and generals. He understands he not to follow. But this time I think we I gave a speech to the Baghdad cham- is not going to call these shots from are following the lead of the American ber of commerce on a hot August day; the Oval Office. He is going to say, you people, and I am happy to do that, al- and they asked me shortly before we are going to have what you need to get though I would like to be a little more arrived at the hotel in Baghdad. It was this job done. up front. the hotel that was rocketed while But six generals, it appeared to me But that message came to this floor Wolfowitz was there some few years there are a few more, but that is the over and over again, led by TOM ago. And so I said, yes, it fits in my count that I had, they appear to be po- TANCREDO of Colorado, and a number of schedule, I will do that. sitioning themselves for some future the rest of us stepped in and joined I walked in the room. The count was role in politics. If we watch them, I be- him. We have been carrying that mes- 57 Iraqis and members of the chamber lieve we will see one or more emerge as sage consistently at heart now for a of commerce sitting at their dinner ta- at least an adviser to a Presidential number of years, for me it is 4 years bles. They started to introduce me, but candidate, if not a Presidential can- here in this Congress, carrying this time was short. I wanted to know, didate themselves. message. where is my interpreter. But I will see your six generals and I I sent out a survey into my congres- They said we don’t have an inter- will raise you 9,000 30–Somethings. sional district, it will be 2 years ago preter; this chamber of commerce There are 9,000 generals in the United last March, and it went to 10,000 house- speaks English. I thought that is quite States military, and they stand with holds randomly selected by a com- unusual to be in a country like Iraq the commander in chief. So you have a puter, so it would have been Demo- and be able to address a group of peo- long way to go to convince me that crats, Independents and Republicans ple, 57 strong, business leaders in Bagh- just because you find six folks with po- scattered across the district in a ran- dad, and have them all speaking litical aspirations, we should alter our dom location, and it was a survey on English. entire mission in Iraq to accommodate immigration.

VerDate Aug 31 2005 03:59 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00111 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.176 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6648 CONGRESSIONAL RECORD — HOUSE September 14, 2006 I knew what I thought. I believe we We had other speakers that added on and they stop and the doors open. Then need to enforce our immigration laws, to that, and one was the father of a son you have to listen, and you can hear seal our border, force all traffic to who was lost in the September 11 at- the sounds, and it is people clearly pil- ports of entry, and birthright citizen- tack in New York, Kris Eggle, and they ing out of the vehicle. You can hear ship and the anchor babies, shut off the spoke about the importance of enforce- them drop their packs on the ground as jobs magnet, do all those things and a ment of immigration laws. But if we they get out, and they must be picking lot of people go back home. I believe a had done so, we may be and likely them back up again. lot of people do that. I believe the could have thwarted the attacks on You can hear a little bit of talk, a record is replete with statements to September 11. little bit of whisper. Then they start that effect and a number of pieces of But what happens to this country if off through the mesquite to come out policy that add to that overall philos- we continue our porous borders. On into the border to come into the United ophy. that day I stood up and said, I want to States. But the immigration survey that I build a fence, I want to put a physical You can hear their packs go through sent out to the number of 10,000 ran- barrier on this border, and I want to do the fence and be set on the ground on domly selected households asked a it for 2,000 miles. For starters I would the other side, and sometimes occa- whole series of questions about immi- put a 10 foot high chain link fence, and sionally dropped on the ground. You gration. That was the only subject I would top it with barb wire. I said hear them climb through the fence, matter. The most significant question barb wire because I am kind of a farm they pick their packs back up. You can that I asked in that survey was on a country young guy. see the shadows. You can’t quite count scale of 1 to 10, with 10 being the most The press printed it as razor wire. I them, you can see the image of the intense, how intensively do you agree don’t take issue with that, probably shadows as they go off and into the with this statement, and then the razor wire makes a little more sense desert off north, following whatever statement reads, in the survey, that we than barb wire. But I would put the kind of a beacon they have and may be should eliminate all illegal immigra- fence there. I would move it about 100 watching, however they guide them- tion and reduce legal immigration. feet, and I would build a concrete wall selves, to go on into the United States. Reducing legal immigration is not that I designed and demonstrated on Now, this happens across that border something that I have actually called this floor in Congress. It is unlikely on an average night of perhaps 11,000 for, but, and all illegal immigration, that I will get an opportunity to dem- people pouring across that border a reduce legal immigration, and how in- onstrate that tonight, but that’s the night, 11,000, to the tune of 4 million a tensively do you agree with this, with position that I took August 22, 2005. year. 10 being the most intense. Out of 10,000 I have here with me the clippings How do I know this, I serve on the mailed, we received 1,800 and, I think from some of the newspapers after Immigration subcommittee. I sit in on the number was 96 respondents. So a that. They were not very impressed hearings two, three, four times a week, number that approached 19 percent re- with that idea. They thought it was a witnesses that come forth, they are turned, which is about 3 times what kind of radical, reactionary and inef- both expert on the matter, both pro your average return rate would be on fective proposal. So there are about and con, experts that bring real data to that kind of a mailing. four articles here that have reference us. On that question, we should end all to that, and they mostly undermine The Border Patrol’s information is illegal immigration, and reduce legal, my position and seek to ridicule me for this, that they stopped, last year, how intensely do you agree, 82 percent having a, apparently, narrow mind and 1,188,000 illegal border crossers, put down 10, 82 percent. Some of them not having thought this through. 1,188,000. What a huge number. Santa must have held their pen like a dagger What this they forgot, that I go to Ana’s Army was only 6,000 strong, and the way they wrote their notes and the border, I look at the circumstances the Border Patrol stopped 1,188,000? their comments on the surveys. down there. I gather the data, I talk to What a huge universe of people that is. As I went through those and read the Border Patrol personnel. I talk to Theoretically at least they turned them through, 82 percent said end ille- the people that live there. I talk to the themselves and said go back through gal immigration, all of it; reduce legal. retired Border Patrol personnel. I see there and many of them they took By the time you added the 7, 8s, 9s to the carnage, I see the litter. I go to the down to the turnstile and watched those 10s, 97 percent agreed with that national parks and talk to the park them as they went back in Mexico. statement, and only 3 percent had an rangers there. The year before the Border Patrol opinion down on the other side of the When they have human traffic that is stopped 1,159,000. So I asked the ques- scale, only 3 percent. streaming across that border and the tion, of the Border Patrol, and of their I would submit that if I sent a survey numbers that they are, and I sit down representative, what percentage of the out to the district with a random selec- there on the border, in the dark, for attempts across the border do you tion like that, and I said STEVE KING hours, utterly quiet, and listen, listen intercept? What percentage of success says the sun comes up in the east, do when I can’t see, but just dim shadows do you have? The answer that I get you agree or disagree, I do not believe is all that I can see. I can hear vehicles back consistently is 25 to 33 percent. I would get a 97 percent agreement out coming from the Mexican side of the When I go down to the border, and I of my congressional district, but 97 border, and they stop by a big mesquite ask the Border Patrol that is actually percent want to have border control, tree about 150 or so yards out there doing the work down there, what per- and they want to have enforcement. south of the border. The fence is just a centage are you interdicting, and they That is what we tried to provide in this fine barb wire fence, the wires are give me answers like, the most con- Congress, and we have made some sig- stretched apart in places, that is where sistent answer I got was 10 percent. I nificant progress. the illegals go through. They don’t fix don’t know if that really is it. One of Last August 22, I have to back up, it it back up, as one could imagine. They them when I said 25 percent broke up was a year ago last August 22, is a lit- leave it open for others. in hysterical laughter. He said, no, tle over a year ago, I hosted an immi- There was a water tank that was that number is closer to 3 percent of gration summit in Iowa. I started out there on the Mexican side that is there. the drugs and 5 percent of the illegals. in Des Moines with radio and a lot of That was where they can get their last Now, that was an ICE inspector that print coverage and some video cov- load up of water before they start off should know, even if they are wrong. erage on there. I had a host of very on 20, 25 miles of desert on the U.S. Now, if they are right, it is more than good speakers on the immigration side to be picked up the highway a 10 million a year. If they are wrong, issue, TOM TANCREDO came, my good ways. I sit there and listen, and I hear and the testimony of 25 to 33 percent, friend from Arizona and powerful lead- the vehicles come down through the and this is all a guess, admittedly, then er on the subject, J.D. HAYWORTH from desert. it is perhaps 4 million a year coming Arizona; Jim Gilchrest was there, who On one particular vehicle, I could across our southern border. was the original founder of the Minute- hear the muffler dragging all the way Now, how many go back? We don’t men. along. They get by that mesquite tree, know the answer to that either. We

VerDate Aug 31 2005 03:59 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00112 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.177 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6649 know some go back. We don’t know if So when they come through in a bats that lived in there, and the bats it is big numbers, as a percentage, but semi, which is more rare now, or smug- left. We don’t know where they went to we know it will be big numbers because gle through in a straight truck, when nest, necessarily, at least I don’t, but there are 4 million or so that do go there has been a diversion, or maybe a for 2 years there wasn’t a bat in this across. We also know that 65 billion, pickup load gets through with the cave. So now we are down to three lo- that is billion with a B, dollars worth marijuana load under the bed, when cations where these rare, long-nosed of illegal drug, come across our south- that all happens, large quantities of il- bats can live and reproduce. ern border every year. legal drugs come into the United So the National Park Service looked Ninety percent of the illegal drugs in States. at this and said boy, we really don’t America are coming across our south- But that is not the only way they like to build fences around in our ref- ern border. Sometimes they come come in. They also come in on the uge, but what are our alternatives if we across in semis, sometimes they come backs of burros, individuals who are want to save the bats? So they followed across in straight trucks, sometimes sneaking into the United States with a path that seemed to work, and that is they come across in pickup trucks. 50 pounds of marijuana on their back. put this wrought iron fence around In fact, while I was down there, they They might back 15 miles or further to here that has spikes that lean out, it is interdicted a pickup truck that had a get to the United States border to walk about a $75,000 project, Mr. Speaker. false bed in it, about 7 inches of false across the U.S. desert, and then get They built a fence around the bat cave, bed. Underneath there, there were 18 across that border, as ICE described and when they did that, the illegals did bags of marijuana, about the size of a while I saw there, and walk across the not come into the cave any longer and cement sack, perhaps weighing about United States and walk another 20, 25 the bats came back. The bats have been 10 pounds each. miles and be picked up along the high- in there reproducing ever since in I will submit 180 to 200 pounds of way somewhere. roughly the same numbers they were marijuana underneath the false bed in They toss their marijuana into the before their cave was taken over by the the pickup. We took the jaws-of-life truck. Some get into the truck and go continual flow of illegals that are com- and pried it open, went in there and on and stay in the United States. Some ing across our natural refuge. pulled those sacks out. The driver, I return back to Mexico and get another So, I would argue to those that say a am going to tell you, I believe, was a load. Some turn around and walk back, fence doesn’t work, here is a perfect ex- MS–13 gang member, the most violent all the way across the desert to get an- ample of how a fence worked. At least gang we have ever seen in this hemi- other load. That is the kind of thing it kept them out of the cave, and now sphere, the gangs that behead and dis- that is going on. we have a species of bat that is going member and do other things so atro- With that kind of force on the border, to be more healthy than they would cious I will not repeat them on the with that kind of push, a push of 4 mil- have been otherwise. floor of this Congress. This is just an interesting little This individual had a MS–13 tattooed lion people a year coming across that thing that I did. I have said that the on his arm here, he had tattoos from border, intercepting 1,188,000 of them, people that vote for amnesty will be his waist to his neck. He had every $65 billion worth of illegal drugs; 90 branded with a scarlet letter A for am- look about him as an MS–13. He was percent of the illegal drugs in America nesty. So, Mr. Speaker, by Ajo, Ari- perhaps a decoy, because they get so coming across that border, that in- zona, there is a big letter A up there on many interdictions of drugs down cludes the marijuana, the cocaine, the the mountainside. I took a picture of there, they cannot prosecute them all. heroin and the methamphetamine, that. We colored it up so it is scarlet. So they will send off someone who has which is a big, big problem. got a smaller load, 180 to 200 pounds, to We have shut down the meth labs es- That is the scarlet letter A. That is the be a diversion to be able to run the sentially in Iowa. That just meant that brand. We don’t need amnesty. That is larger load through there, cost of doing it used to be 85 percent of the meth why it has a bar across it. We need to business. came from Mexico and Iowa. Now it is have the rule of law. We need to re- Well, if one spends a few hours down much closer to 95 or more percent of spect the rule of law. That is part of on the border at night and listens and the methamphetamine comes from America. perhaps would have infrared night vi- Mexico because we shot down the meth This, Mr. Speaker, is the fence and sion of some kind that they could labs in Iowa. concrete wall that I designed. You can see this portion here, this will be slip- watch, actually watch the people, they b 2230 would come to the conclusion that it form footing that goes down perhaps 5 But these burreros will haul 50 isn’t the folks that are coming into the feet, and it would be 5 feet, and you United States that want to simply get pounds of marijuana each and they will form a slot in there and you can put a a job working on farms or whatever it come in groups of say 8 to 10, 10 to 12, trencher in and put this slip form in is they do to improve their lives, just up to 50. In fact, there is a pack train and pull it all in one motion and pour they are coming here for a better life. of them that went up to 100, each with concrete as you go, trench and pour Actually, the position that has been marijuana on their back, roughly 50 concrete. So this gray portion becomes taken by the administration, we can- pounds, carrying that across the the footing, and you can see where the not stop people that want to come into desert. And they drop litter all over white portion drops down, and that is the United States for a better life. It is the desert, Mr. Speaker, and invade our the slot. too powerful a force. We have to let natural areas. These are pre-cast concrete panels, them come in and legitimize them by In fact here I have here on this stand Mr. Speaker, and they would be about giving them some kind of identifica- a picture of a natural area, and it is 131⁄2 feet long. They drop down into this tion. quite interesting. This is a picture of slot, I think that says 15 inches, per- But I would submit that we can stop one of four locations where the long- haps 18, but we end up with a con- people from coming into the United nosed bat, an endangered species, in- structed height of 12 feet high. States for a job, for a better life. We habits a nest. And this is on the Cabeza These precast panels weigh about must be able to stop people from doing Prieta National Wildlife Refuge in Ari- 9,800 pounds. They come in on trucks. that, because the force that drives zona. You pick them up with a crane, you them isn’t nearly as powerful as the I have met with the National Park drop them in that slot. You can just force that drives people to bring illegal Service director, and this location is pop them in one after the other, just as drugs into the United States. the location where this bat cave, as easily as I have demonstrated on this So I am going to say we can stop let- you see was invaded by illegals. This floor how that can be done. tuce pickers and people that want to was one of their stopoff points. They Once they are put together, you can work on farms and factories in plants. could get in there and get cool and rest put a little wire on top. That wire is a We must do that, because if we can’t do up a little bit for their trek across the disincentive for people from climbing that, we don’t have a hope of being able desert. over the top. You can put sensors on to stop the illegal drug smugglers that So as they came into this bat cave, there, vibration sensors. We can put are coming into the United States. they chased out something like 1,600 night vision on there. We can do all

VerDate Aug 31 2005 03:59 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00113 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.178 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6650 CONGRESSIONAL RECORD — HOUSE September 14, 2006 kinds of things to make sure that this And that would be the Oregon Pipe And I am proud to serve with you all, wall is not breached, Mr. Speaker. Cactus Monument where there officer and I am looking forward to being part Walls make sense. Fences make Kris Eggle was killed in a shootout of this solution. I am looking forward sense. The bat cave is safe from the with drug smugglers coming across the to going down and setting some posts illegals. We can make America safe border. I have been to that location. myself. from the illegals by simply spending There is a memorial that is there. In [From the Washington Post, July 26, 2006] some of this hard-earned cash. The $8 his memory and the memory of the IRAQI PRIME MINISTER ADDRESSES CONGRESS billion being spent to fund our Border other officers who have given their AL-MALIKI (through translator). Thank Patrol on the southern border, we can lives for security, I am committed to you. Thank you. make a one-time capital investment. It security for this border. In the name of God, the most gracious, the is about $4 million a mile now being So today, Mr. Speaker, we passed 700 most merciful, Your Excellency, the Speaker spent to control our border and we get miles of fence off the floor of this Con- of the House, Mr. Vice President, honorable about 25 percent efficiency. gress. This is the third time we have ladies and gentlemen, members of Congress, If we would spend about $2 million a it is with great pleasure that I am able to had a good fence vote here on the floor, take this opportunity to be the first demo- mile all the way through those 2,000 by my recollection. The Senate has had cratically and constitutionally elected prime miles, we would end up with a far high- two good fence votes over there. They minister of Iraq to address you, the elected er percentage of efficiency. I believe are going to get another one. They are representatives of the American people. And that number would go over 95 percent, going to get this bill. I am happy to I thank you for affording me this unique if we patrol the border, if we put the call it the King bill, thanks to PETER chance to speak at this respected assembly. sensors on. KING from New York. Let me begin by thanking the American Surely a fence isn’t the only solu- They are going to get a bill over people, through you, on behalf of the Iraqi tion, but it is a great big, wonderful ef- people, for supporting our people and ousting there, and my advice is to the U.S. dictatorship. Iraq will not forget those who fective tool for our Border Patrol. They Senate, chew on that awhile. I expect stood with her and who continues to stand could finally aspire to get operational the voters will chew on you awhile. We with her in times of need. control of the border. are going to take this message to the Thank you for your continued resolve in Then, Mr. Speaker, there needs to be American people and say let us con- helping us fight the terrorists plaguing Iraq, a solution for the locations where tinue with this message on enforce- which is a struggle to defend our nation’s de- water is going to run across through ment. mocracy and our people who aspire to lib- the gullies. We have these solutions in Fences work. There is proof positive erty, democracy, human rights and the rule place in many of those locations al- of law. All of those are not Western values; that they do. No one says where we they are universal values for humanity. ready. These are H-beams that are have built them that we should tear They are as much for me the pinnacle em- driven in, steel beams that are stag- them down. They are essential tools. bodiment of my faith and religion, and they gered and welded together here on top They are a capital investment, they are for all free spirits. with a horizontal beam so they can’t be are a one-time investment, and, yes, we The war on terror is a real war against spread apart. This lets the water have to patrol, and, yes, we have to those who wish to burn out the flame of free- through. It will collect the trash and maintain them, but we get a great re- dom. And we are in this vanguard for defend- ing the values of humanity. over time you have to clean the trash turn on that capital investment. I know that some of you here question up, but no one can go through there ex- That means it doesn’t take as many whether Iraq is part of the war on terror. Let cept some wildlife can get through, and Border Patrol officers to secure this me be very clear: This is a battle between it does work. It is a little more expen- border. It means that they can be de- true Islam, for which a person’s liberty and sive, but we will have to do that where ployed to places where they can be rights constitute essential cornerstones, and the water runs. There are engineering more effective. It means that the 4 mil- terrorism, which wraps itself in a fake Is- solutions to everything we might want lion people that are coming across our lamic cloak; in reality, waging a war on to do. border and the $65 billion worth of Islam and Muslims and values. And spreads hatred between humanity, This, Mr. Speaker, is an example of drugs will have to find a way to try to contrary to what come in our Koran, which what is happening to our national sneak through a port of entry, which says, ‘‘We have created you of male and fe- parks. I am not certain whether this is many will try to do, and we can beef male and made you tribes and families that in Oregon Pipe Cactus National Monu- those up and put more resources there, you know each other.’’ Surely (inaudible) of ment or in the Cabeza Prieta. But it or they will go around the ocean and you in the sight of God is the best concept. doesn’t matter. This is federally pre- get out there where the Coast Guard The truth is that terrorism has no religion, served land. This is precious natural can do their job, Mr. Speaker, and the Our faith says that who kills an innocent, as if they have killed all mankind. resources that we want Americans to Coast Guard has interdiction abilities Thousands of lives were tragically lost on have access to. that supersede those, or I will say they September 11th when these impostors of Look at what we have. Graffiti paint- are superior to the Border Patrol. Islam reared their ugly head. Thousands ed on the stones. Graffiti that probably So, I am ready to force all traffic more continue to die in Iraq today at the will take years and years and years to through the ports of entry. I think we hands of the same terrorists who show com- ever weather away, if it does at all, must do that. I call upon the United plete disregard for human life. something that is really very difficult States Senate to pass the legislation Your loss on that day was the loss of all to clean up when the paint goes into that we passed on the floor here today. mankind, and our loss today is lost for all free people. the pores of the stone. August 22, 2005, I said build a fence, And wherever humankind suffers a loss at Down here is just a small example of build a wall, build a barrier. 114 days the hands of the terrorists, it is a loss of all the kind of litter that we are finding in later, this Congress passed that legisla- of humanity. our national parks. Some of that litter, tion as part of a larger bill. And I have It is your duty and our duty to defeat this it is estimated that an average illegal watched as perhaps the most liberal terror. Iraq is the front line in this struggle, will drop about 8 pounds of litter as Member of the United States Senate and history will prove that the sacrifices of they cross the desert. Eight pounds voted to authorize a fence and voted to Iraqis for freedom will not be in vain. Iraqis are your allies in the war on terror. times 4 million people is a tremendous fund a fence. History will record their bravery and hu- cleanup problem, and it threatens our This extreme notion that comes from manity. natural resources, Mr. Speaker. It a conservative Member of Congress is The fate of our country and yours is tied. threatens the wildlife. mainstream, Mr. Speaker. The White Should democracy be allowed to fail in Iraq In fact, about one-third of Oregon House recognizes we need physical bar- and terror permitted to triumph, then the Pipe Cactus National Monument is now riers to assist and that we need to have war on terror will never be won elsewhere. off limits to the public because the enforcement at the border. Mr. Speaker, we are building the new Iraq concentration of illegals is so intense We will have that. We will get that on the foundation of democracy and are erecting it through our belief in the rights of that the park officers fear for the safe- done and we are moving quickly. It every individual—just as Saddam has de- ty of American tourists in our own na- won’t all be done by November 7, but a stroyed it through his abuse of all those tional parks because they are threat- lot of the pieces will be put in place by rights—so that future Iraqi generations can ened. this Republican Congress. live in peace, prosperity and hope.

VerDate Aug 31 2005 03:59 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00114 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.179 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6651 Iraqis have tasted freedom and we will de- liamentary foundation, and includes all of country in the world and their citizens. What fend it absolutely. Iraq’s religions, ethnicities and political is at stake is nothing less than our freedom Every human possesses inalienable rights groupings. and liberty. which transcend religion. As it is taken in The journey has been perilous, and the fu- Confronting and dealing with this chal- the International Convention of Human ture is not guaranteed. Yet many around the lenge is the responsibility of every liberal Rights, they transcend religion, race and world who underestimated the resolve of democracy that values its freedom. Iraq is gender. Iraq’s people and were sure that we would the battle that will determine the war. If, in And God says in the Koran, ‘‘and surely we never reach this stage. Few believed in us. continued partnership, we have the strength have honored all children of Adam.’’ But you, the American people, did, and we of mind and commitment to defeat the ter- I believe these human rights are not an ar- are grateful for this. rorists and their ideology in Iraq, they will tifact construct reserved for the few. They The transformation in Iraq can sometimes never be able to recover. are the divine entitlement for all. be forgotten in the daily, futile violence. For the sake of success of the political It is on this unwavering belief that we are Since liberation, we have witnessed great process, I launched the National Reconcili- determined to build our nation, a land whose accomplishments in politics, the economy ation Initiative, which aims to draw in people are free, whose air (ph) is liberty, and and civil society. We have gone from a one- groups willing to accept the logic of dialogue where the rule of law is supreme. party state, ruled by a small elite, to a and participation. This olive branch has re- This is the new Iraq, which is emerging multi-party system where politics is the do- ceived the backing of Iraq’s parliamentary from the ashes of dictatorship and despite main of every citizen and parties compete at blocs and support further afield from large the carnage of extremists, a country which all levels. segments of the population. respects international conventions and prac- What used to be a state-controlled media is I remain determined to see this initiative tices noninterference in the internal affairs now completely free and uncensored, some- succeed. of others, relies on dialogue to resolve dif- thing Iraq had never witnessed since its es- But let our enemies not mistake our out- ferences, and strives to develop strong rela- tablishment as a modern state and some- stretched hand for forgiveness as a sign of tions with every country that espouses free- thing which remains alien to most of the re- weakness. Whoever chooses violence against dom and peace. gion. the people of Iraq, then the fate that awaits We are working diligently so that Iraq re- What used to be a command economy in them will be the same that of the terrorist turns to take the position it deserves and it Iraq, we are rapidly transforming into a free Zarqawi. plays a positive role in its regional and market economy. While political and economic efforts are es- international environment as a key, active In the past three years, our GDP per capita sential, defeating terror in Iraqi relies fun- player in spreading security and stability, to has more than doubled. And it is expected damentally on the building of sound Iraqi give an example of a positive relationship be- that our economy will continue to grow. force, both in quantity and capability. The tween countries through denouncement of Standards of living have been raised for most completion of Iraq’s forces form the nec- violence and resorting to constructive dia- Iraqis as the markets witness an unprece- essary basis for the withdrawal of multi- logue, solving problems between nations and dented level of prosperity. Many individuals national forces. But it’s only then, only peoples. are buying products and appliances which when Iraq’s forces are fully capable, will the And we have made progress. And we are they would never have hoped to afford in the job of the multinational forces be complete. correcting the damage inflicted by politics of past. Our Iraqi forces have accomplished much the previous regime, in particular with our And, in keeping with our economic vision and have gained a great deal of field experi- neighbors. of creating a free market economy, we will ence to eventual1y enable them to triumph My presence here is a testament of the new be presenting to parliament legislation over the terrorists and to take over the secu- politics of a democratic Iraq. which will lift current restrictions on foreign rity portfolio and extend peace through the Ladies and gentlemen, in a short space of companies and investors who wish to come country. time, Iraq has gone from a dictatorship to a to Iraq. The other impediment to Iraq’s stability transitional administration, and now to a While we are making great economic are the armed militias. I have on many occa- fully fledged democratic government. strides, the greatest transformation has been sions stated my determination to disband all This has happened despite the best efforts on Iraqi society. militias without exception and re-establish a of the terrorists who are bent on either de- We have gone from mass graves and tor- state monopoly on arms and to guarantee stroying democracy or Iraq, but by the cour- ture chambers and chemical weapons to a citizens security so that they do not need age of our people who defied the terrorists flourishing—to the rule of law and human others to provide it. every time they were called upon to make a rights. It is imperative that the reconstruction choice, by risking their lives for the ballot The human rights and freedoms embodied starts now. box. They have stated over and over again, in the new Iraq and consolidated in the con- While small sections of central Iraq are un- with their ink-stained fingers waving in stitution have provided a fertile environ- stable, large sections have remained peace- pride, that they will always make the same ment for the ever-growing number of civil ful, but ignored. For far too long, these were choice. society institutions which are increasing in most deprived areas of Iraq under the pre- Over fear . . . scope and complexity and provide a healthy vious regime and have been the most valiant PROTESTER: Iraqis want the troops to reflection of what is developing beneath the in Iraq’s struggle for freedom. We need to leave! Bring them home now! Iraqis want the violence. make an example out of these stable areas as troops to leave! Bring them home now! The rights chartered in the constitution models for the rest of the country. HASTERT: If our honored guest will suspend will also help consolidate the role of women Reconstruction projects in these areas will for the moment, the chair notes disturbance in public life as equals to men. tackle unemployment, which will weaken in the gallery. The sergeant at arms will se- And help them to play a greater role in po- the terrorists. They will become prototypes cure order by removing those engaging in litical life. for other, more volatile regions aspire to. disruption. I am proud to say that a quarter of Iraq’s Undoubtedly, reconstruction in these areas PROTESTER: Bring them home now! Council of Representatives is made up of will fuel economic growth and show what a HASTERT: The gentleman may resume. women, but we still have much to accom- prosperous, stable, democratic and federal AL-MALIKI (through translator): Hope over plish. Iraq would look like. fear; liberty over oppression; dignity over Mr. Speaker, Mr. Vice President, our nas- Members of the Congress, in this effort, we submission; democracy over dictatorship; cent democracy faces numerous challenges need your help. We need the help of the federalism over a centralist state. and impediments, but our resolve is unbreak- international community. Let there be no doubt: Today Iraq is a de- able and we will overcome them. Much of the budget you had allocated for mocracy which stands firm because of the The greatest threat Iraq’s people face is Iraq’s reconstruction ended up paying for se- sacrifices of its people and the sacrifices of terror: terror inflicted by extremists who curity firms and foreign companies, whose all those who stood with us in this crisis value no life and who depend on the fear operating costs were vast. Instead, there from nations and countries. their wanton murder and destruction cre- needs to be a greater reliance on Iraqis and And that’s why—thank you—I would like ates. Iraqi companies, with foreign aid and assist- to thank them very much for all their sac- They have poured acid into Iraq’s dictato- ance to help us rebuild Iraq. rifices. rial wounds and created many of their own. We are rebuilding Iraq on a new, solid Iraqis of all persuasions took part in the Iraq is free, and the terrorists cannot stand foundation: that of liberty, hope and equal- unanimously democratic election for the this. ity. Iraq’s democracy is young, but the will first parliament formed under the country’s They hope to undermine our democrat- of its people is strong. It is because of this first permanent constitution after eight dec- ically elected government through the ran- spirit and desire to be free that Iraq has ades of temporary constitutions and dicta- dom killing of civilians. They want to de- taken the opportunity you gave us and we torship, a constitution written by the elect- stroy Iraq’s future by assassinating our lead- chose democracy. ed representatives of the people and ratified ing scientific, political and community lead- We faced tyranny and oppression under the by the people. ers. Above all, they wish to spread fear. former regime. And we now face a different Iraqis succeeded in forming a government Do not think that this is an Iraqi problem. kind of terror. We did not know then and we of national unity based on an elected par- This terrorist front is a threat to every free will not bow now.

VerDate Aug 31 2005 05:12 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00115 Fmt 4634 Sfmt 0634 E:\CR\FM\A14SE7.083 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6652 CONGRESSIONAL RECORD — HOUSE September 14, 2006 LEAVE OF ABSENCE ment of children; to the Committee on En- suant to the Federal Vacancies Reform Act ergy and Commerce. of 1998; to the Committee on Government Re- By unanimous consent, leave of ab- S. 2464. An Act to revise a provision relat- form. sence was granted to: ing to a repayment obligation of the Fort 9377. A letter from the Assistant Director, Mr. CULBERSON (at the request of Mr. McDowell Yavapai Nation under the Fort Executive & Political Personnel, Depart- BOEHNER) for today on account of ill- McDowell Indian Community Water Rights ment of Defense, transmitting a report pur- ness. Settlement Act of 1990, and for other pur- suant to the Federal Vacancies Reform Act Mr. MURPHY (at the request of Mr. poses; to the Committee on Resources. of 1998; to the Committee on Government Re- BOEHNER) until 3:00 p.m. today on ac- form. f 9378. A letter from the Assistant Director, count of meeting with the Secretary of ENROLLED BILLS SIGNED Executive & Political Personnel, Depart- Education in Pittsburgh. ment of Defense, transmitting a report pur- f Mrs. Haas, Clerk of the House, re- suant to the Federal Vacancies Reform Act ported and found truly enrolled bills of of 1998; to the Committee on Government Re- SPECIAL ORDERS GRANTED the House of the following titles, which form. By unanimous consent, permission to were thereupon signed by the Speaker: 9379. A letter from the Assistant Director, Executive & Political Personnel, Depart- address the House, following the legis- H.R. 866. An act to make technical correc- ment of Defense, transmitting a report pur- lative program and any special orders tions to the United States Code. suant to the Federal Vacancies Reform Act heretofore entered, was granted to: H.R. 2808. An act to require the Secretary of 1998; to the Committee on Government Re- of the Treasury to mint coins in commemo- (The following Members (at the re- form. ration of the bicentennial of the birth of quest of Ms. WOOLSEY) to revise and ex- 9380. A letter from the Assistant Director, Abraham Lincoln. tend their remarks and include extra- Executive & Political Personnel, Depart- neous material:) f ment of Defense, transmitting a report pur- Mr. HOYER, for 5 minutes, today. suant to the Federal Vacancies Reform Act SENATE ENROLLED BILL SIGNED Mr. OWENS, for 5 minutes, today. of 1998; to the Committee on Government Re- Mr. DAVIS of Illinois, for 5 minutes, The SPEAKER announced his signa- form. 9381. A letter from the White House Liai- today. ture to an enrolled bill of the Senate of the following title: son, Department of Education, transmitting Ms. EDDIE BERNICE JOHNSON of Texas, a report pursuant to the Federal Vacancies for 5 minutes, today. S. 1773. An act to resolve certain Native Reform Act of 1998; to the Committee on Mr. THOMPSON of Mississippi, for 5 American claims in New Mexico, and for Government Reform. minutes, today. other purposes. 9382. A letter from the White Hous Liaison, Ms. JACKSON-LEE of Texas, for 5 min- f Department of Education, transmitting a re- utes, today. port pursuant to the Federal Vacancies Re- ADJOURNMENT form Act of 1998; to the Committee on Gov- Ms. CORRINE BROWN of Florida, for 5 ernment Reform. minutes, today. Mr. KING of Iowa. Mr. Speaker, I 9383. A letter from the Assistant Attorney Mr. PAYNE, for 5 minutes, today. move that the House do now adjourn. General, Office of Legislative Affairs, De- Mr. CUMMINGS, for 5 minutes, today. The motion was agreed to; accord- partment of Justice, transmitting the De- Mr. CLYBURN, for 5 minutes, today. ingly (at 10 o’clock and 40 minutes partment’s annual report for fiscal year 2005, Mr. ETHERIDGE, for 5 minutes, today. p.m.), under its previous order, the in accordance with Section 203 of the Notifi- Mr. ROSS, for 5 minutes, today. House adjourned until tomorrow, Fri- cation and Federal Employee Antidiscrimi- nation and Retaliation Act of 2002 (No FEAR Mr. SCOTT of Virginia, for 5 minutes, day, September 15, 2006, at 11 a.m. Act), Public Law 107-174; to the Committee today. f on Government Reform. Mrs. JONES of Ohio, for 5 minutes, 9384. A letter from the Secretary, Depart- today. EXECUTIVE COMMUNICATIONS, ment of Transportation, transmitting the Mr. SNYDER, for 5 minutes, today. ETC. Departments’ Report on Management Deci- Mr. PALLONE, for 5 minutes, today. Under clause 8 of rule XII, executive sions and Final Actions on Office of Inspec- Mr. HINCHEY, for 5 minutes, today. communications were taken from the tor General Audit Recommendations for the Mr. EMANUEL, for 5 minutes, today. Speaker’s table and referred as follows: period ending March 31, 2006, pursuant to 31 U.S.C. 9106; to the Committee on Govern- Mr. DEFAZIO, for 5 minutes, today. 9371. A letter from the Comptroller, De- ment Reform. Mr. MCDERMOTT, for 5 minutes, partment of Defense, transmitting a report 9385. A letter from the Assistant Director, today. of a violation of the Antideficiency Act by Executive & Political Personnel, Depart- Ms. WOOLSEY, for 5 minutes, today. the Department of the Army, Case Number ment of the Air Force, transmitting a report Mr. SCHIFF, for 5 minutes, today. 04-09, pursuant to 31 U.S.C. 1517(b); to the pursuant to the Federal Vacancies Reform Mr. STUPAK, for 5 minutes, today. Committee on Appropriations. Act of 1998; to the Committee on Govern- 9372. A letter from the Comptroller, De- Ms. ZOE LOFGREN of California, for 5 ment Reform. partment of Defense, transmitting a report minutes, today. 9386. A letter from the Assistant Director, of a violation of the Antideficiency Act by Executive & Political Personnel, Depart- Mr. HONDA, for 5 minutes, today. the Department of the Army, Case Number ment of the Air Force, transmitting a report Ms. ESHOO, for 5 minutes, today. 05-01, pursuant to 31 U.S.C. 1517(b); to the pursuant to the Federal Vacancies Reform Mr. SHERMAN, for 5 minutes, today. Committee on Appropriations. Act of 1998; to the Committee on Govern- (The following Members (at the re- 9373. A letter from the Comptroller, De- ment Reform. quest of Mr. JONES of North Carolina) partment of Defense, transmitting a report 9387. A letter from the Assistant Director, to revise and extend their remarks and of a violation of the Antideficiency Act by Executive & Political Personnel, Depart- include extraneous material:) the Department of the Army, Case Number ment of the Air Force, transmitting a report 04-02, pursuant to 31 U.S.C. 1517(b); to the pursuant to the Federal Vacancies Reform Mr. HULSHOF, for 5 minutes, today. Committee on Appropriations. Act of 1998; to the Committee on Govern- Mr. GOHMERT, for 5 minutes, today. 9374. A letter from the Comptroller, De- ment Reform. Mr. JONES of North Carolina, for 5 partment of Defense, transmitting a report 9388. A letter from the Assistant Director, minutes, September 19, 20, 21, and 22. of a violation of the Antideficiency Act by Executive & Political Personnel, Depart- f the Department of the Air Force, Case Num- ment of the Army, transmitting a report ber 04-05, pursuant to 31 U.S.C. 1517(b); to the pursuant to the Federal Vacancies Reform SENATE BILLS REFERRED Committee on Appropriations. Act of 1998; to the Committee on Govern- Bills of the Senate of the following 9375. A letter from the Director, Depart- ment Reform. titles were taken from the Speaker’s ment of Agriculture, transmitting the De- 9389. A letter from the Assistant Director, partment’s annual report for fiscal year 2005, Executive & Political Personnel, Depart- table and, under the rule, referred as in accordance with Section 203 of the Notifi- ment of the Army, transmitting a report follows: cation and Federal Employee Antidiscrimi- pursuant to the Federal Vacancies Reform S. 1902. An act to amend the Public Health nation and Retaliation Act of 2002 (No FEAR Act of 1998; to the Committee on Govern- Service Act to authorize funding for the es- Act), Public Law 107-174; to the Committee ment Reform. tablishment of a program on children and on Government Reform. 9390. A letter from the Assistant Director, the media within the Centers for Disease 9376. A letter from the Assistant Director, Executive & Political Personnel, Depart- Control and Prevention to study the role and Executive & Political Personnel, Depart- ment of the Army, transmitting a report impact of electronic media in the develop- ment of Defense, transmitting a report pur- pursuant to the Federal Vacancies Reform

VerDate Aug 31 2005 03:59 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00116 Fmt 4634 Sfmt 0634 E:\CR\FM\K14SE7.182 H14SEPT1 ccoleman on PROD1PC71 with HOUSE September 14, 2006 CONGRESSIONAL RECORD — HOUSE H6653 Act of 1998; to the Committee on Govern- Service, transmitting the Service’s final rule 9413. A letter from the Chief, Publications ment Reform. — Report of Tips by Employee to Employer and Regulations Branch, Internal Revenue 9391. A letter from the Assistant Director, (Rev. Proc. 2006-30) received August 2, 2006, Service, transmitting the Service’s final rule Executive & Political Personnel, Depart- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- — Section 411(d)(6) Protected Beneifts [TD ment of the Navy, transmitting a report pur- mittee on Ways and Means. 9280] (RIN: 1545-BE10) received August 14, suant to the Federal Vacancies Reform Act 9402. A letter from the Chief, Publications 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the of 1998; to the Committee on Government Re- and Regulations Branch, Internal Revenue Committee on Ways and Means. form. Service, transmitting the Service’s final rule 9414. A letter from the Chief, Publications 9392. A letter from the Deputy Director of — Exclusion of Employees of 501(c)(3) Orga- and Regulations Branch, Internal Revenue Communications and Legislative Affairs, nizations in 401(k) and 401(m) Plans [TD 9275] Service, transmitting the Service’s final rule Equal Employment Opportunity Commis- (RIN: 1545-BC87) received August 2, 2006, pur- — Last-in, First-out Inventories (Rev. Rul. sion, transmitting the Commission’s Stra- suant to 5 U.S.C. 801(a)(1)(A); to the Com- 2006-41) received August 17, 2006, pursuant to tegic Plan for Fiscal Years 2007 through 2012, mittee on Ways and Means. 5 U.S.C. 801(a)(1)(A); to the Committee on pursuant to Public Law 103-62; to the Com- 9403. A letter from the Chief, Publications Ways and Means. mittee on Government Reform. and Regulations Branch, Internal Revenue 9415. A letter from the Chief, Publications 9393. A letter from the Office of the Dis- Service, transmitting the Service’s final rule and Regulations Branch, Internal Revenue trict of Columbia Auditor, transmitting a — Announcement that Identifies Specified Service, transmitting the Service’s final rule copy of the report entitled, ‘‘Auditor’s Ex- Covered Services Eligible for Services Cost — Determination of Issue Price in the Case amination of the Escrow Account Estab- Method Under Section 482 Regulations [An- of Certain Debt Instruments Issued for Prop- lished by Accenture and the Office of Tax nouncement 2006-50] received August 2, 2006, erty (Rev. Rul. 2006-44) received August 17, Revenue (OTR) In Connection with Contract pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the #99-C-004’’; to the Committee on Government mittee on Ways and Means. Committee on Ways and Means. Reform. 9404. A letter from the Chief, Publications 9416. A letter from the Chief, Publications 9394. A letter from the Office of the Dis- and Regulations Branch, Internal Revenue and Regulations Branch, Internal Revenue trict of Columbia Auditor, transmitting a Service, transmitting the Service’s final rule Service, transmitting the Service’s final rule copy of the report entitiled, ‘‘Auditor’s Per- — Last-in, First-out Inventories (Rev. Rul. — Determination of Interest Expense Deduc- formance Review of the Integrated Tax Sys- 2006-40) received August 2, 2006, pursuant to 5 tion of Foreign Corporations [TD 9281] (RIN: tem’s Processed Related to the Timeliness of U.S.C. 801(a)(1)(A); to the Committee on 1545-BF70) received August 17, 2006, pursuant Tax Refunds and Deposit of Tax Payments’’; Ways and Means. to 5 U.S.C. 801(a)(1)(A); to the Committee on to the Committee on Government Reform. 9405. A letter from the Chief, Publications 9395. A letter from the Office of the Dis- Ways and Means. and Regulations Branch, Internal Revenue 9417. A letter from the Chief, Publications trict of Columbia Auditor, transmitting a Service, transmitting the Service’s final rule and Regulations Branch, Internal Revenue copy of the report entitled, ‘‘Letter Report: — Revision of Instructions for Form 3115 for Service, transmitting the Service’s final rule Comparative Analysis of Actual Cash Collec- tions to the Revised Revenue Estimate Use with the December 2003 Version of Form — Computation of the Differential Earnings Through the 2nd Quarter of Fiscal Year 3115, Application for Change in Accounting Rate and the Recomputed Differential Earn- 2006’’; to the Committee on Government Re- Method [Announcement 2006-52] received Au- ings Rate (Rev. Rul. 2006-45) received August form. gust 2, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); 31, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to 9396. A letter from the Inspector General, to the Committee on Ways and Means. the Committee on Ways and Means. Railroad Retirement Board, transmitting 9406. A letter from the Chief, Publications 9418. A letter from the Chief, Publications the budget request for the Office of Inspector and Regulations Branch, Internal Revenue and Regulations Branch, Internal Revenue General, Railroad Retirement Board, for fis- Service, transmitting the Service’s final Service, transmitting the Service’s final rule cal year 2008, prepared in compliance with rule—Industry Director Directive on — Weighted Average Interest Rate Modifica- OMB Circular No. A-11; to the Committee on Deductability of Casino Comps—received Au- tion [Notice 2006-75] received August 31, 2006, Government Reform. gust 2, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 9397. A letter from the , transmitting the to the Committee on Ways and Means. mittee on Ways and Means. Service’s final rule — REMIC Residual Inter- 9407. A letter from the Chief, Publications 9419. A letter from the Chief, Publications ests — Accounting for REMIC Net Income and Regulations Branch, Internal Revenue and Regulations Branch, Internal Revenue (Including Any Excess Inclusions) (Foreign Service, transmitting the Service’s final rule Service, transmitting the Service’s final rule Holders) [TD 9272] (RIN: 1545-BE81) received — Revision of Forms 8898 and 8840 [Notice — Overview of the IRS’s Use of Private Col- August 9, 2006, pursuant to 5 U.S.C. 2006-73] received August 9, 2006, pursuant to 5 lection Agencies (PCAs) in 2006 [Announce- 801(a)(1)(A); to the Committee on Ways and U.S.C. 801(a)(1)(A); to the Committee on ment 2006-63] received August 31, 2006, pursu- Means. Ways and Means. ant to 5 U.S.C. 801(a)(1)(A); to the Committee 9398. A letter from the Chief, Trade & Com- 9408. A letter from the Chief, Publications on Ways and Means. mercial Regulations Branch, Customs and and Regulations Branch, Internal Revenue 9420. A letter from the Chief, Publications Border Protection, Department of Homeland Service, transmitting the Service’s final rule and Regulations Branch, Internal Revenue Security, transmitting the Department’s — Reporting Rules for Widely Held Fixed In- Service, transmitting the Service’s final rule final rule — Import Restrictions on Byzan- vestment Trusts [TD 9279] (RIN: 1545-BF86) — Treatment of Services Under Section 482 tine Ecclesiasrical and Ritual Ethnological received August 9, 2006, pursuant to 5 U.S.C. Allocation of Income and Deductions from Material From Cyprus (RIN: 1505-AB72) re- 801(a)(1)(A); to the Committee on Ways and Intangibles Stewardship Expense [TD 9278] ceived September 6, 2006, pursuant to 5 Means. (RIN: 1545-BB31, 1545-AY38, 1545-BC52) re- U.S.C. 801(a)(1)(A); to the Committee on 9409. A letter from the Chief, Publications ceived August 31, 2006, pursuant to 5 U.S.C. Ways and Means. and Regulations Branch, Internal Revenue 801(a)(1)(A); to the Committee on Ways and 9399. A letter from the Chief Counsel, Bu- Service, transmitting the Service’s final rule Means. reau of Public Debt, Department of the — GO Zone Bonus Depreciation [Notice 2006- 9421. A letter from the Chief, Publications Treasury, transmitting the Department’s 67] received August 9, 2006, pursuant to 5 and Regulations Branch, Internal Revenue final rule — Regulations Governing U.S. Sav- U.S.C. 801(a)(1)(A); to the Committee on Service, transmitting the Service’s final rule ings Bonds, Series A, B, C, D, E, F, G, H, J, Ways and Means. — Special Depreciation Allowance [TD 9283] and K, and U.S. Savings Notes; Regulations 9410. A letter from the Chief, Publications (RIN: 1545-BB57) received September 6, 2006, Governing U.S. Retirement Plan Bonds; Reg- and Regulations Branch, Internal Revenue pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ulations Governing U.S. Individual Retire- Service, transmitting the Service’s final rule mittee on Ways and Means. ment Bonds; Offering of U.S. Savings Bonds, — Definitions and Special Rules (Rev. Rul. 9422. A letter from the Chief, Publications Series EE; Offering of U.S. Savings Bonds, 2006-43) received August 9, 2006, pursuant to 5 and Regulations Branch, Internal Revenue Series HH; Regulations Governing U.S. Sav- U.S.C. 801(a)(1)(A); to the Committee on Service, transmitting the Service’s final rule ings Bonds, Series EE and HH; Offering of Ways and Means. — Examples Under Section 937(b) [Notice U.S. Savings Bonds, Series I; Regulations 9411. A letter from the Chief, Publications 2006-76] received September 6, 2006, pursuant Governing Definitive United States Bonds, and Regulations Branch, Internal Revenue to 5 U.S.C. 801(a)(1)(A); to the Committee on Series I — received August 9, 2006, pursuant Service, transmitting the Service’s final rule Ways and Means. to 5 U.S.C. 801(a)(1)(A); to the Committee on — Weighted Average Interest Rate Update 9423. A letter from the Chief, Publications Ways and Means. [Notice 2006-74] received August 9, 2006, pur- and Regulations Branch, Internal Revenue 9400. A letter from the Chief, Publications suant to 5 U.S.C. 801(a)(1)(A); to the Com- Service, transmitting the Service’s final rule and Regulations Branch, Internal Revenue mittee on Ways and Means. — Publication, Public Inspection, and Spe- Service, transmitting the Service’s final rule 9412. A letter from the Chief, Publications cific Requests for Records (Rev. Proc. 2006- — Administrative, Procedural, and Miscella- and Regulations Branch, Internal Revenue 35) received September 31, 2006, pursuant to 5 neous [Notice 2006-70] received August 2, 2006, Service, transmitting the Service’s final rule U.S.C. 801(a)(1)(A); to the Committee on pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- — Modification of Notice 2006-53 [Notice 2006- Ways and Means. mittee on Ways and Means. 71] received August 9, 2006, pursuant to 5 9424. A letter from the Chief, Publications 9401. A letter from the Chief, Publications U.S.C. 801(a)(1)(A); to the Committee on and Regulations Branch, Internal Revenue and Regulations Branch, Internal Revenue Ways and Means. Service, transmitting the Service’s final rule

VerDate Aug 31 2005 05:12 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00117 Fmt 4634 Sfmt 0634 E:\CR\FM\L14SE7.000 H14SEPT1 ccoleman on PROD1PC71 with HOUSE H6654 CONGRESSIONAL RECORD — HOUSE September 14, 2006 — Dividends Paid Deduction for Stock Held that Act; with an amendment (Rept. 109–661 trade preferences under the African Growth in Employee Stock Ownership Plan [TD 9282] Pt. 1). Ordered to be printed. and Opportunity Act, and for other purposes; to the Committee on Ways and Means, and in (RIN: 1545-BE74) received September 6, 2006, f pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- addition to the Committee on Rules, for a mittee on Ways and Means. TIME LIMITATION OF REFERRED period to be subsequently determined by the 9425. A letter from the Chief, Publications BILL Speaker, in each case for consideration of and Regulations Branch, Internal Revenue such provisions as fall within the jurisdic- Service, transmitting the Service’s final rule Pursuant to clause 2 of rule XII the tion of the committee concerned. — Changes in Accounting Periods and in following action was taken by the By Mr. DEAL of Georgia (for himself Methods of Accounting (Rev. Proc. 2006-37) Speaker: and Mr. NORWOOD): H.R. 6077. A bill to amend title XXI of the received September 7, 2006, pursuant to 5 H.R. 5312. Referral to the Committees on Social Security Act to provide for funding of U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce and Ways and Means the shortfalls in State allotments for fiscal Ways and Means. extended for a period ending not later than year 2007 under the State Children’s Health 9426. A letter from the Chief, Publications September 29, 2006. and Regulations Branch, Internal Revenue Insurance Program (SCHIP); to the Com- Service, transmitting the Service’s final rule f mittee on Energy and Commerce. — Collection After Assessment [TD 9284] By Mr. BRADY of Texas: PUBLIC BILLS AND RESOLUTIONS H.R. 6078. A bill to designate the facility of (RIN: 1545-BC72) received September 7, 2006, the United States Postal Service located at pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Under clause 2 of rule XII, public 307 West Wheat Street in Woodville, Texas, mittee on Ways and Means. bills and resolutions were introduced as the ‘‘Chuck Fortenberry Post Office 9427. A letter from the Chief, Publications and severally referred, as follows: Building’’; to the Committee on Government and Regulations Branch, Internal Revenue By Mrs. KELLY: Reform. Service, transmitting the Service’s final rule H.R. 6070. A bill to enhance Federal efforts By Mr. CASTLE (for himself and Mr. — Nonaccrual-Experience Method of Ac- focused on increasing public awareness of the LEACH): counting Under Section 448(d)(5) [TD 9285] risks and dangers associated with Shaken H.R. 6079. A bill to require the President’s (RIN: 1545-BB43) received September 7, 2006, Baby Syndrome; to the Committee on En- Working Group on Financial Markets to con- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ergy and Commerce. duct a study on the hedge fund industry; to mittee on Ways and Means. By Mr. SWEENEY: the Committee on Financial Services. f H.R. 6071. A bill to amend the USA PA- By Mrs. DRAKE (for herself, Mr. GIB- TRIOT Act to improve administration and BONS, Mr. ENGLISH of Pennsylvania, REPORTS OF COMMITTEES ON effectiveness of homeland security grant Mr. CONAWAY, Mr. BOSWELL, Mr. PUBLIC BILLS AND RESOLUTIONS funding, and for other purposes; to the Com- BROWN of South Carolina, Mr. SHER- Under clause 2 of rule XIII, reports of mittee on Homeland Security. WOOD, Mrs. CUBIN, Mr. PETRI, and Mr. committees were delivered to the Clerk By Mr. ROSS (for himself and Mr. SIMPSON): OXLEY): H.R. 6080. A bill to establish the Mineral for printing and reference to the proper H.R. 6072. A bill to amend the Federal De- Commodity Information Administration in calendar, as follows: posit Insurance Act to provide further regu- the Department of the Interior, and for other Mr. SENSENBRENNER: Committee on the latory relief for depository institutions and purposes; to the Committee on Resources. Judiciary. H.R. 1369. A bill to prevent certain clarify certain provisions of law applicable By Mr. JEFFERSON: discriminatory taxation of natural gas pipe- to such institutions, and for other purposes; H.R. 6081. A bill to provide an option to line property (Rept. 109–656). Referred to the to the Committee on Financial Services. proceed with an action in any Federal court Committee of the Whole House on the State By Ms. BALDWIN (for herself, Mr. to recover actual damages for physical or of the Union. BOOZMAN, Mr. MILLER of Florida, and property damage in a major disaster that Mr. SENSENBRENNER: Committee on the Ms. BERKLEY): proximately results from the failure or neg- Judiciary. H.R. 2679. A bill to amend the Re- H.R. 6073. A bill to amend title 38, United ligence of the Army Corps of Engineers in vised Statutes of the United States to elimi- States Code, to improve compensation bene- the design, construction, or maintenance of nate the chilling effect on the constitu- fits for veterans in certain cases of impair- a project for which the Corps is legally re- tionally protected expression of religion by ment of vision involving both eyes, and for sponsible; to the Committee on the Judici- State and local officials that results from other purposes; to the Committee on Vet- ary, and in addition to the Committee on the threat that potential litigants may seek erans’ Affairs. Transportation and Infrastructure, for a pe- damages and attorney’s fees; with an amend- By Mrs. MCMORRIS RODGERS (for riod to be subsequently determined by the ment (Rept. 109–657). Referred to the Com- herself, Mr. HASTINGS of Washington, Speaker, in each case for consideration of mittee of the Whole House on the State of and Mr. SIMPSON): such provisions as fall within the jurisdic- the Union. H.R. 6074. A bill to amend the Farm Secu- tion of the committee concerned. Mr. SENSENBRENNER: Committee on the rity and Rural Investment Act of 2002 to au- By Mr. LAHOOD (for himself, Mr. Judiciary. H.R. 4772. A bill to simplify and thorize the Secretary of Agriculture to con- BOUSTANY, Mr. RAHALL, Mr. DINGELL, expedite access to the Federal courts for in- sider variations in the national average mar- Mr. FARR, Ms. KAPTUR, and Mr. ISSA): jured parties whose rights and privileges ket price for different classes of wheat when H.R. 6082. A bill to designate Lebanon under section 244(b) of the Immigration and under the United States Constitution have determining the eligibility of wheat pro- Naturalization Act to permit nationals of been deprived by final actions of Federal ducers for counter-cyclical payments for the Lebanon to be granted temporary protected agencies or other government officials or en- 2005, 2006, and 2007 crop years; to the Com- status in the United States; to the Com- tities acting under color of State law, and mittee on Agriculture. mittee on the Judiciary. for other purposes; with an amendment By Mr. PITTS (for himself, Mr. GER- By Ms. LEE (for herself, Mrs. (Rept. 109–658). Referred to the Committee of LACH, Ms. HART, Mr. HOLDEN, Mr. CHRISTENSEN, Mr. JACKSON of Illinois, the Whole House on the State of the Union. MURPHY, Mr. DENT, Mr. WELDON of Ms. WATERS, and Mr. WAXMAN): Mr. BARTON of Texas: Committee on En- Pennsylvania, Mr. PLATTS, Mr. H.R. 6083. A bill to reduce the spread of ergy and Commerce. H.R. 5863. A bill to au- FATTAH, Mr. SHERWOOD, Mr. KAN- sexually transmitted infections in correc- thorize temporary emergency extensions to JORSKI, Mr. BRADY of Pennsylvania, tional facilities, and for other purposes; to certain exemptions to the requirements with Mr. DOYLE, Mr. MURTHA, Mr. the Committee on the Judiciary. respect to polychlorinated biphenyls under FITZPATRICK of Pennsylvania, Mr. By Mr. PETRI: Toxic Substances Control Act (Rept. 109–659). ENGLISH of Pennsylvania, Ms. H.R. 6084. A bill to allow for the consolida- Referred to the Committee of the Whole SCHWARTZ of Pennsylvania, Mr. PE- tion of Federal student loans into a single di- House on the State of the Union. TERSON of Pennsylvania, and Mr. rect income-contingent loan repayment pro- Mr. TOM DAVIS of Virginia: Committee on SHUSTER): gram; to the Committee on Education and Government Reform. H.R. 4809. A bill to H.R. 6075. A bill to designate the facility of the Workforce, and in addition to the Com- amend the provisions of chapter 35 of title 44, the United States Postal Service located at mittee on Ways and Means, for a period to be United States Code, commonly referred to as 101 East Gay Street in West Chester, Penn- subsequently determined by the Speaker, in the Paperwork Reduction Act, to ensure sylvania, as the ‘‘Robert J. Thompson Post each case for consideration of such provi- usability and clarity of information dissemi- Office Building‘‘; to the Committee on Gov- sions as fall within the jurisdiction of the nated by Federal agencies, and to facilitate ernment Reform. committee concerned. compliance with Federal paperwork require- By Mr. RANGEL (for himself, Mr. By Mr. STUPAK: ments (Rept. 109–660). Referred to the Com- MCDERMOTT, Mr. CARDIN, Mr. LEVIN, H.R. 6085. A bill to provide for the return of mittee of the Whole House on the State of and Mr. BECERRA): the Fresnel Lens to the lantern room atop the Union. H.R. 6076. A bill to extend the generalized Presque Isle Light Station Lighthouse, Mr. POMBO: Committee on Resources. system of preferences program under the Michigan, and for other purposes; to the H.R. 5312. A bill to amend the Indian Health Trade Act of 1974, to extend the Andean Committee on Transportation and Infra- Care Improvement Act to revise and extend Trade Preference Act, to extend certain structure.

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By Mr. TERRY: Mr. KIND, Mr. CUELLAR, Mr. FORD, H.R. 3795: Mr. PORTER and Mr. FITZPATRICK H.R. 6086. A bill to amend the Homeland Ms. CARSON, and Mr. SPRATT): of Pennsylvania. Security Act to provide for the health of H. Res. 1012. A resolution celebrating the H.R. 3854: Ms. KAPTUR. Americans by implementing a system that first Milwaukee Mujeres Against Domestic H.R. 3954: Mr. GORDON. detects and identifies in a timely manner Violence Brides Walk and recognizing all H.R. 4033: Mr. GENE GREEN of Texas. diseases, conditions, and events that rep- brides walks in protest of domestic violence; H.R. 4050: Mr. GUTKNECHT. resent a threat to humans, animals, food to the Committee on the Judiciary. H.R. 4217: Mr. COOPER. production and the water supply; to the By Mr. MCCOTTER: H.R. 4239: Mr. FERGUSON. Committee on Energy and Commerce. H. Res. 1013. A resolution encouraging mu- H.R. 4341: Mr. GILCHREST and Mr. OXLEY. By Mr. WHITFIELD: nicipalities to adopt and enforce effective H.R. 4547: Mr. BILBRAY. H.R. 6087. A bill to ensure the safety of protections against dog bites, and for other H.R. 4597: Mr. MCINTYRE. residents and visitors to Lake Barkley, Ken- purposes; to the Committee on Agriculture. H.R. 4620: Mr. DOOLITTLE and Mr. KING of tucky, and to improve recreation, naviga- New York. tion, and the economic vitality of the lake’s f H.R. 4749: Mr. BISHOP of New York. region, the Chief of Engineers of the Army ADDITIONAL SPONSORS H.R. 4773: Mr. BUTTERFIELD. Corps of Engineers shall establish a pilot H.R. 4800: Mr. TIERNEY. program to maintain the pool elevation of Under clause 7 of rule XII, sponsors H.R. 4903: Mr. HINCHEY. such lake at 359 feet until after the first were added to public bills and resolu- H.R. 4953: Mr. ENGLISH of Pennsylvania. Monday in September; to the Committee on tions as follows: H.R. 4980: Ms. JACKSON-LEE of Texas, Mrs. Transportation and Infrastructure. DRAKE, and Mr. CAPUANO. H.R. 49: Mr. LARSON of Connecticut. By Mrs. WILSON of New Mexico: H.R. 5005: Mr. BOOZMAN. H.R. 65: Mr. MOORE of Kansas. H.R. 6088. A bill to direct the Secretary of H.R. 5088: Mr. RAHALL. H.R. 118: Mr. MOORE of Kansas. the Interior to conduct a study of water re- H.R. 5092: Mr. BASS, Mr. BRADLEY of New H.R. 170: Mr. LANTOS. sources in the State of New Mexico, and for Hampshire, and Mr. BOOZMAN. H.R. 180: Mr. FITZPATRICK of Pennsylvania. other purposes; to the Committee on Re- H.R. 5100: Mr. CONYERS and Mr. RAMSTAD. H.R. 517: Mr. ENGLISH of Pennsylvania, Mr. sources. H.R. 5120: Mr. HASTINGS of Washington. ALEXANDER, and Ms. JACKSON-LEE of Texas. By Mr. ISSA (for himself, Ms. HARRIS, H.R. 5134: Mr. KUHL of New York. H.R. 552: Mr. CHOCOLA. Mr. BURTON of Indiana, Ms. DELAURO, H.R. 5139: Mr. OLVER. H.R. 615: Ms. LORETTA SANCHEZ of Cali- Ms. GRANGER, Mr. WELDON of Penn- H.R. 5150: Mr. COSTELLO. fornia. sylvania, Mr. CALVERT, Mr. DUNCAN, H.R. 5179: Mr. HAYES. H.R. 699: Mrs. CAPPS. Mr. MARIO DIAZ-BALART of Florida, H.R. 5200: Ms. MCCOLLUM of Minnesota, Ms. H.R. 823: Mr. FORTUN˜ O. Mrs. BONO, Mr. SULLIVAN, Mr. MACK, KAPTUR, and Mr. BAKER. H.R. 916: Mr. SCOTT of Georgia. Mr. PORTER, Mr. SHAYS, Mrs. KELLY, H.R. 5230: Mr. KELLER. H.R. 1002: Mr. FORD. Mr. OXLEY, Mr. KINGSTON, Mrs. JOHN- H.R. 5242: Mr. SESSIONS, Mrs. MCMORRIS H.R. 1059: Mr. PASCRELL. SON of Connecticut, Mrs. BLACKBURN, RODGERS, Mr. PITTS, Mr. FEENEY, Mrs. H.R. 1175: Mr. BOUCHER. Mr. TANCREDO, Mr. COBLE, Mr. YOUNG MYRICK, Mr. TIAHRT, and Mr. CONAWAY. H.R. 1186: Mr. SHAYS. of Florida, Mr. SMITH of Texas, and H.R. 5246: Mr. ADERHOLT, Mr. BOUSTANY, H.R. 1222: Mr. FATTAH, Mr. FORD, and Mr. Mr. HUNTER): Mr. LATHAM, and Mr. BASS. H. Con. Res. 473. Concurrent resolution NADLER. H.R. 5295: Mr. SHAYS, Mr. PORTER, and Mr. supporting the goals and ideals of H.R. 1251: Ms. SCHWARTZ of Pennsylvania. WELDON of Pennsylvania. Gynecologic Cancer Awareness Month; to the H.R. 1288: Mr. BILBRAY. H.R. 5314: Mrs. KELLY. Committee on Government Reform. H.R. 1298: Mr. GILLMOR. H.R. 5355: Mr. DAVIS of Kentucky. By Mr. BILIRAKIS: H.R. 1306: Mr. ALLEN. H.R. 5363: Mr. WICKER. H. Con. Res. 474. Concurrent resolution rec- H.R. 1317: Mr. THOMPSON of Mississippi. H.R. 5393: Mr. AL GREEN of Texas. ognizing the invaluable service of our Na- H.R. 1351: Mr. SWEENEY. H.R. 5463: Mr. SHAYS. tion’s public hospitals and health systems; H.R. 1376: Mr. ENGEL, Mr. PALLONE, Ms. H.R. 5500: Mr. BRADLEY of New Hampshire. to the Committee on Energy and Commerce. SOLIS, Mr. CLAY, and Mr. GRIJALVA. H.R. 5513: Ms. ROS-LEHTINEN, Mr. GIBBONS, By Ms. JACKSON-LEE of Texas: H.R. 1425: Mr. ROTHMAN. Mr. LATHAM, Mr. ACKERMAN, and Mr. OLVER. H. Con. Res. 475. Concurrent resolution to H.R. 1548: Mr. HINCHEY and Mr. SOUDER. H.R. 5555: Mrs. MCCARTHY, Ms. SOLIS, and congratulate the National Organization of H.R. 1554: Mr. WYNN. Mr. TOWNS. Women on its 40th anniversary; to the Com- H.R. 1558: Mr. CAPUANO. H.R. 5558: Mr. ALEXANDER, Mr. PORTER, mittee on the Judiciary. H.R. 1632: Mr. HAYWORTH, Mr. CHABOT, Mr. Mrs. NORTHUP, Mr. SAM JOHNSON of Texas, By Mr. HAYES (for himself, Mr. SIMMONS, and Mr. TIERNEY. and Mr. ENGLISH of Pennsylvania. BUTTERFIELD, Mr. ETHERIDGE, Mr. H.R. 1658: Mr. JINDAL. H.R. 5598: Ms. EDDIE BERNICE JOHNSON of JONES of North Carolina, Mr. PRICE of H.R. 1671: Mr. GERLACH. Texas. North Carolina, Ms. FOXX, Mr. COBLE, H.R. 2051: Mr. MCCOTTER. H.R. 5624: Mr. WAMP. Mr. MCINTYRE, Mrs. MYRICK, Mr. H.R. 2121: Mr. CONAWAY and Mr. PENCE. H.R. 5674: Mr. HINCHEY, Mr. SIMMONS, and MCHENRY, Mr. TAYLOR of North Caro- H.R. 2356: Mr. WAMP. Ms. EDDIE BERNICE JOHNSON of Texas. lina, Mr. WATT, and Mr. MILLER of H.R. 2421: Ms. BEAN, Mr. WELDON of Penn- H.R. 5698: Mr. LARSON of Connecticut. North Carolina): sylvania, Mr. FITZPATRICK of Pennsylvania, H.R. 5704: Mr. ROGERS of Michigan, Mr. H. Res. 1010. A resolution recognizing the Mr. SAXTON, and Mr. PETERSON of Minnesota. HINOJOSA, and Mr. KUHL of New York. North Carolina Farm Bureau Federation on H.R. 2568: Mr. KUHL of New York. H.R. 5707: Mr. CASTLE. the occasion of its 70th anniversary, and sa- H.R. 2685: Mr. DOGGETT. H.R. 5708: Mr. MCNULTY. luting the outstanding service of its mem- H.R. 2719: Mr. COOPER. H.R. 5740: Mr. PORTER. bers and staff on behalf of agriculture and H.R. 2727: Mr. SIMMONS. H.R. 5743: Mr. BRADY of Texas and Mr. the people of North Carolina; to the Com- H.R. 2799: Mr. LAHOOD. FEENEY. mittee on Agriculture. H.R. 2804: Mr. KLINE and Mr. CALVERT. H.R. 5746: Mr. UDALL of Colorado. By Mr. BOEHNER: H.R. 2861: Mrs. BONO and Mr. Fortun˜ o. H.R. 5755: Mr. PALLONE. H. Res. 1011. A resolution requesting return H.R. 2964: Mr. THORNBERRY and Mr. H.R. 5770: Ms. LEE. of official papers on H.R. 503; considered and CONAWAY. H.R. 5771: Mr. CROWLEY, Ms. BALDWIN, Mr. agreed to. H.R. 3006: Mr. THOMPSON of California, Mrs. MARKEY, Mr. BERMAN, Mr. ALLEN, Mrs. By Ms. MOORE of Wisconsin (for her- TAUSCHER, Mr. HIGGINS, Mr. PASCRELL, and MALONEY, Mr. BARROW, Mr. POMEROY, Mr. self, Mrs. MCCARTHY, Mr. BRADY of Ms. MILLENDER-MCDONALD. SNYDER, Ms. VELA´ ZQUEZ, Mr. MCINTYRE, Mr. Pennsylvania, Mr. PAYNE, Mr. CON- H.R. 3063: Mr. STRICKLAND. BACA, Mr. RENZI, Mr. CLYBURN, Mr. OBEY, YERS, Mr. WATT, Mr. LANTOS, Mr. WU, H.R. 3145: Mr. ROTHMAN. Mr. KIND, Mr. BISHOP of Georgia, Mr. BOYD, Ms. ESHOO, Ms. MATSUI, Ms. WATSON, H.R. 3159: Ms. EDDIE BERNICE JOHNSON of Mr. CARDOZA, Mr. CHANDLER, Mr. DAVIS of Ms. CORRINE BROWN of Florida, Mr. Texas. Tennessee, Ms. LORETTA SANCHEZ of Cali- MCCAUL of Texas, Mr. FORTENBERRY, H.R. 3183: Mr. MORAN of Virginia. fornia, Mr. SCOTT of Georgia, Mr. PASCRELL, Mr. REICHERT, Ms. SOLIS, Ms. LEE, H.R. 3267: Mr. SHAYS. Mr. BISHOP of New York, Ms. BORDALLO, Ms. Mr. FRANK of Massachusetts, Ms. H.R. 3436: Mrs. CAPITO. WOOLSEY, Mr. SKELTON, Mr. RUPPERSBERGER, PELOSI, Mr. HASTINGS of Florida, Mr. H.R. 3547: Mr. LEWIS of Georgia. Mrs. LOWEY, Mrs. MCCARTHY, and Mrs. CLYBURN, Ms. LORETTA SANCHEZ of H.R. 3559: Mr. ADERHOLT, Mr. STRICKLAND, CHRISTENSEN. California, Ms. WOOLSEY, Mr. MAN- Mr. LEWIS of Georgia, and Mr. ACKERMAN. H.R. 5772: Mr. RAHALL. ZULLO, Mr. OBEY, Mr. LEWIS of Geor- H.R. 3605: Mr. CROWLEY. H.R. 5791: Mr. OLVER and Mr. SIMMONS. gia, Mr. NADLER, Ms. DELAURO, Ms. H.R. 3617: Mr. GOODLATTE. H.R. 5809: Mr. MCCOTTER and Mr. FORD. DEGETTE, Mr. EMANUEL, Mr. RYAN of H.R. 3628: Mr. OBERSTAR and Mr. BISHOP of H.R. 5817: Mr. BAIRD and Mr. SMITH of Wisconsin, Mr. LARSEN of Wash- Georgia. Washington. ington, Mr. CROWLEY, Mrs. MALONEY, H.R. 3762: Mr. SNYDER. H.R. 5834: Mr. LEVIN.

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H.R. 5853: Mr. MCHUGH. H. Con. Res. 346: Mr. HASTINGS of Florida, H. Res. 962: Mr. HOLT, Mr. HASTINGS of H.R. 5862: Mr. FEENEY and Ms. HARRIS. Mr. MACK, and Mr. ROSS. Florida, Mr. RAHALL, Mr. CHANDLER, Mr. H.R. 5864: Mr. BROWN of Ohio, Ms. JACKSON- H. Con. Res. 390: Mr. GINGREY, Mrs. GALLEGLY, Mr. CLAY, and Mr. OXLEY. LEE of Texas, Mr. PAYNE, Mr. SCOTT of Geor- MYRICK, Mrs. MALONEY, Mr. KIRK, Mr. CROW- H. Res. 973: Ms. SCHWARTZ of Pennsylvania gia, Ms. MOORE of Wisconsin, Mr. WESTMORE- LEY, Mr. POE, Mr. JONES of North Carolina, and Mrs. CHRISTENSEN. LAND, Mr. FORTUN˜ O, Mr. LINDER, and Mr. and Mr. MCKEON. H. Res. 976: Mr. MICHAUD and Mr. KIRK. SOUDER. H. Con. Res. 391: Mr. GRIJALVA and Mr. H. Res. 989: Mr. BURTON of Indiana, Mr. H.R. 5866: Mr. BONNER, Mr. ROHRABACHER, OLVER. GALLEGLY, Mr. KING of Iowa, Mr. KING of Mr. LUCAS, Mr. SULLIVAN, Mr. MCCAUL of H. Con. Res. 424: Ms. CARSON, Mr. ENGEL, New York, and Ms. HARRIS. Texas, Mr. CUELLAR, Mr. MARCHANT, Mr. Mr. YOUNG of Florida, Mr. FORD, Mr. FOLEY, H. Res. 992: Mr. ADERHOLT, Mrs. BONO, Mrs. GILCHREST, Mr. ROGERS of Michigan, Mr. Mr. MELANCON, and Mrs. LOWEY. CHRISTENSEN, Mrs. JO ANN DAVIS of Virginia, MURTHA, Mr. FRANKS of Arizona, and Mrs. H. Con. Res. 428: Mr. LINDER, Mr. TIBERI, Mr. DELAHUNT, Mr. DENT, Mr. ENGEL, Mr. MUSGRAVE. and Mr. ISSA. ETHERIDGE, Mr. GORDON, Mr. KIRK, Mr. H. Con. Res. 453: Mr. LANTOS, Mr. BISHOP of H.R. 5887: Mr. MCCOTTER. MICHAUD, Mr. MILLER of North Carolina, Ms. H.R. 5888: Mr. SOUDER, Mr. PRICE of North New York, Mr. DOGGETT, Ms. SCHWARTZ of MOORE of Wisconsin, Mr. PALLONE, Mr. PRICE Carolina, and Mr. WEXLER. Pennsylvania, Ms. SOLIS, Ms. SCHAKOWSKY, of North Carolina, Mr. REICHERT, Mr. ROHR- H.R. 5891: Mr. DELAHUNT and Mrs. Mr. MORAN of Virginia, Ms. BERKLEY, and ABACHER, Mr. SAXTON, Mr. SHAW, Mr. VAN MALONEY. Mr. FORTUN˜ O. HOLLEN, Mr. WELDON of Pennsylvania, and H.R. 5906: Mr. GILLMOR, Mr. GUTKNECHT, H. Con. Res. 470: Mr. OBEY, Mr. LARSON of Ms. SCHWARTZ of Pennsylvania. and Mr. SABO. Connecticut, Ms. SCHWARTZ of Pennsylvania, H. Res. 1004: Mr. FRELINGHUYSEN and Mr. H.R. 5965: Mr. ISRAEL. Mr. MCNULTY, and Mr. STUPAK. SMITH of New Jersey. H.R. 6032: Mr. MARSHALL. H. Con. Res. 471: Mr. BARRETT of South H. Res. 1005: Ms. VELA´ ZQUEZ, Ms. MATSUI, H.R. 6038: Ms. JACKSON-LEE of Texas. Carolina, Mr. GONZALEZ, and Mr. COSTA. AVIS UTTERFIELD H.R. 6053: Mr. BOUSTANY and Mr. CARTER. H. Res. 295: Mr. WEXLER and Mr. PRICE of Mr. D of Tennessee, Mr. B , H.R. 6057: Mr. SENSENBRENNER, Mr. North Carolina. Mr. MCINTYRE, Mr. BISHOP of New York, and NEUGEBAUER, Mr. GOHMERT, Mr. PITTS, Mr. H. Res. 305: Mr. BRADLEY of New Hamp- Mr. BOUCHER. POE, Mrs. MYRICK, Mr. FEENEY, Mr. WILSON shire. H. Res. 1008: Mr. BOSWELL, Mr. DAVIS of of South Carolina, Mr. GARY G. MILLER of H. Res. 723: Mr. SMITH of Washington. Tennessee, Mr. ROSS, and Mrs. TAUSCHER. California, and Mr. CARTER. H. Res. 745: Mr. TIBERI, Mr. KLINE, Mr. H.R. 6061: Mr. MILLER of Florida, Mr. ROG- FOLEY, and Mrs. DRAKE. f ERS of Michigan, Mr. NORWOOD, Mr. CAMP- H. Res. 940: Ms. ROYBAL-ALLARD and Ms. BELL of California, Mrs. BIGGERT, Mr. MUR- MILLENDER-MCDONALD. PHY, Mr. DAVIS of Kentucky, Mr. CALVERT, H. Res. 942: Mr. NORWOOD. DELETIONS OF SPONSORS FROM Mr. MCCOTTER, Mr. PRICE of Georgia, Mr. H. Res. 944: Mr. MCCAUL of Texas, Mr. PUBLIC BILLS AND RESOLUTIONS KELLER, Mr. SESSIONS, Ms. FOXX, Mr. KING of MCCOTTER, Mr. RUPPERSBERGER, Mr. Under clause 7 of rule XII, sponsors FITZPATRICK of Pennsylvania, Mr. ALLEN, Iowa, Mr. ADERHOLT, and Mr. HENSARLING. were deleted from public bills and reso- H.R. 6064: Mr. OLVER. Mrs. MALONEY, Mr. CLEAVER, Mrs. TAUSCHER, H. Con. Res. 158: Mr. RUSH and Mr. FATTAH. and Mr. RYAN of Ohio. lutions as follows: H. Con. Res. 343: Mr. MEEKS of New York. H. Res. 959: Mr. POMEROY. H.R. 2048: Mr. KUHL of New York.

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Vol. 152 WASHINGTON, THURSDAY, SEPTEMBER 14, 2006 No. 114 Senate The Senate met at 9:30 a.m. and was Senator from the State of Georgia, to per- elections, we have focused and will called to order by the Honorable JOHN- form the duties of the Chair. continue to focus on the safety and se- NY ISAKSON, a Senator from the State TED STEVENS, curity of the American people. of Georgia. President pro tempore. There are a lot of issues that need to Mr. ISAKSON thereupon assumed the be dealt with that we are dealing with PRAYER Chair as Acting President pro tempore. in committees and in conference, but The Chaplain, Dr. Barry C. Black, of- f the focus on the floor very much is the safety and security of families listen- fered the following prayer: RECOGNITION OF THE MAJORITY ing right now, and to our colleagues Let us pray. LEADER Our God and Father, in whom we find and their families. We know, having life everlasting, we praise You as the The ACTING PRESIDENT pro tem- seen what had come close to happening one and only God who brings order out pore. The majority leader is recog- with the events in Great Britain in of chaos. In our tumultuous world, You nized. terms of the terrorist attacks and the alone are changeless. f plot there that was foiled, we are at risk in this country. Therefore, it is Guide our Senators today. Work SCHEDULE within them that they may choose to our obligation to address these issues make You the fixed star of their hope. Mr. FRIST. Mr. President, this morn- and to do it in a way where we know we Empower them with unwavering faith ing, following a brief period of morning are equipped to both obtain informa- to manage the unfolding challenges of business, we will resume consideration tion that can undercut these plots and our times. Forgive them for duties un- of the port security bill, with an hour foil the terrorists in whatever activity attended, obligations unmet, and re- of debate equally divided, followed by a they are dreaming up. sponsibilities ignored. Impart to them vote on the motion to invoke cloture In addition, we have a challenge that discernment to do their best and to on the bill. That cloture vote should is being addressed in committee today, find their highest joy in pleasing You. occur at approximately 11 this morn- was addressed in committee in the We pray in Your holy Name. Amen. ing, and that will be the first vote of House yesterday, in terms of the ter- today’s session. I anticipate that clo- rorist tribunals and military commis- f ture will be invoked, and I encourage sions. It needs to be understood by my all Senators to vote in favor of cloture. colleagues and the American people PLEDGE OF ALLEGIANCE The bill managers have been diligently that the detainees we have today—the The Honorable JOHNNY ISAKSON led working through the amendments and enemy combatants, people who have the Pledge of Allegiance, as follows: working through the bill. If we invoke wished us harm, people who planned I pledge allegiance to the Flag of the cloture, we expect to complete the bill the 9/11 attack—until we act in Con- United States of America, and to the Repub- at a reasonable time today. I encourage gress, in this Senate, they simply can- lic for which it stands, one nation under God, all of our colleagues to help the man- not be tried. They cannot be brought to indivisible, with liberty and justice for all. agers so we can finish that bill some- justice. That is where we are today. time in the late afternoon today. It f That is why there is so much appro- means not doing our usual thing of try- priate focus on making sure our Gov- APPOINTMENT OF ACTING ing to talk and spend a lot of time and ernment, our military personnel, our PRESIDENT PRO TEMPORE then voting later into the night. We intelligence officers have the tools really do want to finish this late this they need to keep us safe. The PRESIDING OFFICER. The afternoon. Senators are reminded that So those two issues, the surveillance clerk will please read a communication rollcall votes are likely throughout the issue and the military commissions to the Senate from the President pro day and that the filing deadline for sec- and tribunals, are issues we are ad- tempore (Mr. STEVENS). ond-degree amendments is 10 a.m. this dressing, again, in committee. The The legislative clerk read the fol- morning. President has placed a bill before this lowing letter: f body. I introduced it about a week and U.S. SENATE, a half ago. That language is available, PRESIDENT PRO TEMPORE, SAFETY AND SECURITY OF THE and I encourage my colleagues to study Washington, DC, September 14, 2006. AMERICAN PEOPLE To the Senate: that. Under the provisions of rule I, paragraph 3, Mr. FRIST. Mr. President, for this Mr. President, that brings me to the of the Standing Rules of the Senate, I hereby month’s session of 4 weeks on the floor issues of security that I mentioned in appoint the Honorable JOHNNY ISAKSON, a of the Senate prior to our recess for the terms of surveillance, the detainees

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

S9577

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It is my hope my colleagues week and a half ago that is in con- ports, but the fact remains, they are will join me in supporting it and in ference and in our Homeland Security too porous. That brings us back to the passing this important piece of legisla- appropriations bill, both of which ag- importance of this bill. The bill before tion this afternoon. gressively address border security. So us plugs the holes that exist. It tough- Mr. President, I yield the floor. we have border security. We have port ens security standards for all cargo. f security. We have the military com- And it strengthens and improves pro- missions that are being addressed for grams designed to screen cargo at for- RESERVATION OF LEADER TIME eign ports and secures the inter- those individuals at Guanta´ namo Bay. The ACTING PRESIDENT pro tem- national supply chain from the very We have support for our troops in pore. Under the previous order, the start to the very end. terms of maintaining our security leadership time is reserved. through the Department of Defense ap- Technologies have advanced. We have propriations bill that is currently in developed more accurate detection f conference. And then we have the tools. But we are not using those tools MORNING BUSINESS throughout our system. We are not whole issue of surveillance. The ACTING PRESIDENT pro tem- Today we are going to finish on port using them universally. Terrorists pore. Under the previous order, there security. We all know—and we are re- have access to stealthier weapons, and will be a period for the transaction of minded by the events surrounding our that is a huge vulnerability just asking morning business for up to 30 minutes, reminiscences of 9/11 with that fifth an- to be exploited if we do not keep up, if with the first half of the time under niversary—we are fighting a war we do not keep pace. That is why we the control of the majority leader or against radical ideologues. These are must pass this bill tonight. his designee and the second half of the militant extremists, and they have a The bill establishes a risk-based time under the control of the Demo- single-minded goal of destroying our grant program to help assist ports with cratic leader or his designee. Nation. Increasingly, people are real- training personnel and implementing new security standards. The men and Mr. FRIST. Mr. President, I suggest izing that, but it is taking these women who operate our ports are our the absence of a quorum. reminiscences and the remembering of first line of defense. We have entrusted The ACTING PRESIDENT pro tem- the great tragedy of 9/11, coupled with these stewards of security with a seri- pore. The clerk will call the roll. the reality of what very well could ous, with a grave responsibility. The legislative clerk proceeded to have happened to hundreds and, indeed, Accordingly, the bill ensures that the call the roll. thousands of Americans if that plot Department of Homeland Security will Mr. DEMINT. Mr. President, I ask had not been uncovered by the British. move forward with background checks We know the terrorists are not going unanimous consent that the order for for all port workers so we know who is to stop. And it is not just a war in one the quorum call be rescinded. on the ground at these critical facili- The ACTING PRESIDENT pro tem- part of the world, it is a war against an ties. It sets up procedures for resuming ideology. They are not going to stop at pore. Without objection, it is so or- port operations and trade safely and dered. anything. The enemy is creative. I quickly after a terrorist attack to help mentioned the attacks that could have minimize any effect or any shock to f emerged out of the plot which was un- our economy. It establishes the appro- REPUBLICANS ARE COMMITTED covered by the British. Who would have priate protocols to ensure that if a ter- TO MAKING AMERICA SAFER ever deemed imaginable a day when rorist does strike, our ports are not business travelers could not be car- Mr. DEMINT. Mr. President, I said closed longer than necessary. yesterday I am thankful to be part of rying contact lens solution in their And importantly, we also need proto- the Republican majority that under- carry-on. It is because of an attempt cols in place so we do not reopen ports stands that September 11, 2001, changed with a ‘‘Gatorade’’ bomb. too early. An incident at a port could the way that we must look at the The terrorists are always thinking. be a red herring, a distraction to dis- world. Republicans are committed to They are always thinking of how they guise other, more damaging terrorist can stay one step ahead of even what activities. taking action and not just talking our imagination is. They are searching These are just a few of the highlights about making America safer. for our weak points. They are seeking of the Port Security Improvement Act. We must track, capture, and elimi- ways to exploit our weak points. That At its core, it is a multipronged ap- nate our terrorist enemies before they is why we have to remain vigilant, and proach to plugging the holes that exist attack us. We must provide the Presi- that is why we have to address these in port security. It institutionalizes dent and our military with every legal issues on the floor. The substance of multiple and redundant security lay- tool available to fight this war against the bill that is on the floor does just ers. From the factory of origin to cargo Islamic extremists, and we must secure that, the port security bill. That is vig- container, from cargo container to port our homeland by securing our borders ilance. warehouse, from port warehouse to and ports. Nowhere is it clearer to me that we cargo ship, from cargo ship to the port Unfortunately, the Democratic Party have to be vigilant than at America’s of calling, and from the port of calling does not seem to understand the true 300 maritime ports of entry. We talk to the final destination, at each step threat that we face with Islamic ex- about border security. Well, part of this bill toughens our standards. We tremists. Instead, Senate Democrats border security is port security. It is a are making it harder for a terrorist’s continue to prove that they are dan- border we have to close and appro- dirty bomb to hide anonymously in a gerously naive about the grave danger priately monitor to prevent the terror- cargo container. We are making it of global terrorism. ists from doing us harm. harder for terrorists to tamper with Radical Islamic jihadists have made These ports are economic centers. As cargo containers. We are making it no secret of their goal, which is the economic centers, our more than 300 harder for terrorists to use our ports as complete subjugation of the world to sea and river ports are targets in and of target practice. And we are making it their extreme form of Islamic nation- themselves. For people who want to harder for terrorists to use our ports to alism. hurt us, want to hurt our economy, stealthily gain access to the rest of our Osama bin Laden said the attacks of they can become a target. These ports homeland. 9/11 were ‘‘an unparalleled and magnifi- become even more attractive when The terrorists we face have a radical cent feat of valor’’ and ‘‘a great step they are close to urban centers. These agenda. They are ever-vigilant in mon- toward the unity of Muslims.’’

VerDate Aug 31 2005 03:26 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G14SE6.001 S14SEPT1 jcorcoran on PRODPC62 with SENATE September 14, 2006 CONGRESSIONAL RECORD — SENATE S9579 According to the al-Qaida charter: guided allies, such as media outlets The ACTING PRESIDENT pro tem- There will be continuing enmity until ev- like the New York Times, have sig- pore. Is there objection? erybody believes in Allah. We will not meet naled to the terrorists that America is Ms. LANDRIEU. Mr. President, I [the enemy] halfway, and there will be no tired, discouraged, and ready to quit, didn’t hear the request. room for dialog with them. encouraging the terrorists to expand The ACTING PRESIDENT pro tem- The Iranian President has called for their attacks around the world. pore. The Senator has asked unani- a world ‘‘without the United States and Not content to simply heckle from mous consent that each side have 5 ad- Zionism,’’ saying that the West’s the sidelines, Democrats have actively ditional minutes for morning business. ‘‘doomed destiny will be annihilation, fought to block the tools that are crit- Ms. LANDRIEU. I have no objection. misfortune, and abjectness,’’ and tell- ical to stopping future attacks. In fact, f ing other nations that in order to have Senate Democrats united this week in AMERICA’S STATUS IN FIGHTING good relations with Iran, they must opposition to the terrorist surveillance TERRORISM ‘‘bow down before the greatness of the program, proposing an amendment to Mr. ENSIGN. Mr. President, I rise Iranian nation and surrender.’’ the port security bill that denounces Horrendous attacks in India, Madrid, this program that has saved American this morning to talk about our status London, as well as recent arrests in lives. in this fight against Islamic extremism around the world. Canada, Miami, and the foiled London Just last Thursday, Democrats When the terrorists struck the World airplane plot have shown that terror- showed their continued tendency to flip-flop when they issued a media Trade Center on September 11, 2001, ists and their state sponsors have the America was forced to realize that we determination to back up their rhet- statement outlining their latest secu- rity agenda, pledging to ‘‘work to . . . were at war. We did not ask for this oric with action. war. This conflict was brought to us by President Bush and my Republican ensure our intelligence agencies have individuals who believe that America the tools they need to defeat the ter- colleagues have proved that we under- is evil. This is an enemy that hates us rorists.’’ Then, 1 short hour later, they stand the nature of the enemy we are because we are a free nation, and our again played procedural games to facing and that we must be just as de- citizens are free to pursue their dreams block the Judiciary Committee from termined as they are. and chart their own destiny. Let’s be clear. Republicans are not further consideration of the National The day the World Trade Center tow- the ones fighting to preserve the status Security Surveillance Act of 2006. ers fell, our world—or at least our com- The Senator from Texas, Mr. CORNYN, quo. Preserving the status quo is what prehension of it—changed forever. Our got it right when he said: we did for 8 long years under the Clin- enemy stepped onto our soil, destroyed ton administration—simply responding It’s little wonder that Democrats have a our buildings, killed more than 3,000 of with a law enforcement mindset while credibility gap with the American people on the issue of national security. Saying one our citizens, and made clear their in- Islamic extremists attacked us and tentions. They want nothing less than built and financed their worldwide net- thing [and then] doing another . . . doesn’t help our efforts to win this war. to cause our demise. work of terror. The world has changed much since Now Democrats would have us return This week, Senate Democrats contin- ued to prove they are willing to put that horrific day. Unfortunately, the to the Clinton status quo—a pre-Sep- will to fight extremists who planned tember 11, head-in-the-sand philosophy politics ahead of the security and safe- ty of American families by trying to and executed September 11, and many of ‘‘don’t listen, don’t track, don’t other attacks around the globe, has challenge.’’ kill the port security bill with partisan amendments. wavered since then. The united resolve Republicans understand the world of many nations has softened dramati- changed on September 11 and that we The Senator from New York, Mr. SCHUMER, openly admitted the Demo- cally. are fighting a dynamic and committed As Americans, we have no choice but enemy. As we have responded to terror- cratic strategy of playing politics with national security. Yesterday, Congress to lead the way with an unwavering ists, they have adjusted their tactics, commitment to this fight. Remember, and we are continually evaluating and Daily reported Senator SCHUMER ‘‘con- ceded Democrats were seeking to score they asked for this fight. They, long adapting our strategy to meet this ago, declared war on America and the evolving threat. political points’’ and quoted my Demo- cratic colleague saying: ‘‘This is poli- free world and long before September If we don’t show the resolve to defeat 11 began attacking and killing our citi- radical Islamic terrorists in Afghani- tics at its very best.’’ I believe the American people have a zens. stan, Iraq, and Lebanon, we will never different view of the partisan games They challenged us many times over defeat them anywhere. No one under- the Senate Democrats are playing. I the years and received little more than stands the stakes better than the ter- think they believe that this is politics empty rhetoric and a slap on the wrist rorists. That is why there is no in-be- at its very worst. for such atrocities as striking the USS tween choice in Iraq. Either we cut and If Democrats spent half as much time Cole, the first World Trade Center run and allow it to become a safe haven fighting terrorists as they do this ad- bombings, destruction of the Khobar for terrorism and staging grounds for ministration, America would win this Towers in Saudi Arabia and the Marine future attacks or we stay until victory war a lot faster. barracks in Lebanon; and, of course, over the terrorists is achieved and Iraq Democrats claim to be the ones lis- they attacked our Embassies in Africa. is a stable partner in democracy. tening to the American people, but, un- We were at war, but we didn’t even Republicans have proved that we will fortunately, they are just posturing to know it. For too long we ignored the do what it takes to secure our home- win an election. Mr. President, I invite words of these terrorists. We attributed land from all enemies. We are com- my Democratic colleagues to stop their declarations of hate as mere mitted to completing our current mis- these political games and to join us in rantings of lunatics. sion in Iraq and Afghanistan with vic- helping to win this war on terror and Time has shown us that the words of tory and honor and to create a new securing America’s homeland. these Islamic extremists must be taken generation of freedom and security, of I yield the floor. seriously, and we must continue to act peace and prosperity, for America and The ACTING PRESIDENT pro tem- decisively to stop them from achieving the world. pore. The Senator from Nevada is rec- their aims. The unfortunate truth is that when it ognized. In an effort to steal our collective re- comes to securing America’s homeland, Mr. ENSIGN. Mr. President, how solve, it is important to remind our- the Democrats are dangerously naive. much time remains on our side? selves just who the enemy really is in They think if we pull out of Iraq, the The ACTING PRESIDENT pro tem- this global war against Islamic fas- terrorists will leave us alone. They pore. There is 4 minutes 25 seconds re- cism. For too long America has seen have abandoned those in their own maining. our enemies through a prism that casts party who dare to disagree with the Mr. ENSIGN. I ask unanimous con- them in the mold of conventional pow- most radical liberals of the far left. sent for an additional 5 minutes on ers, but the Islamic fascists are a dif- Democrats, with the help of their mis- each side for morning business. ferent breed. They fight for no flag, nor

VerDate Aug 31 2005 01:18 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G14SE6.003 S14SEPT1 jcorcoran on PRODPC62 with SENATE S9580 CONGRESSIONAL RECORD — SENATE September 14, 2006 do they adhere to any international nary troops, and civilians, including Mr. President, I yield the floor. agreement. They fight outside the box; women and children. They want to The ACTING PRESIDENT pro tem- whereas, our sense of what is right and overthrow existing governments in pore. The Senator from Louisiana is wrong constrains us to adhere to recog- many Muslim countries such as Egypt, recognized. nized rules of engagement. Saudi Arabia, and Jordan. They want f We all know the self-professed leader to drive Israel out of the Middle East. OSAMA BIN LADEN STILL LOOSE of al-Qaida is Osama bin Laden. His They want to drive Christians and call to arms for his disciples is: Death Jews out of vast regions of Asia and Af- Ms. LANDRIEU. Mr. President, I is better than living on this Earth with rica. These terrorists kill not merely came to the floor to speak briefly the unbelievers amongst us. to end lives but to disrupt and end a about one of our outstanding super- We know Iraq is central to the war way of life. With every atrocity, they intendents in Louisiana and to pay on terror because Osama bin Laden hope that America grows fearful, re- tribute to an accomplishment that has said it is. He said: treating from the world and forsaking been made on education. But in light of the rantings that went on for the last The most serious issue today for the whole our friends. They stand against us be- world is this third world war that is raging cause we stand in their way. 30 minutes in the Chamber from my in Iraq. We cannot be deceived by their pre- two colleagues on the other side, I Zawahiri, Osama bin Laden’s deputy, tenses to piety. We have seen their would like to state for the RECORD that described Iraq as ‘‘the place for the kind before. They are the heirs of all America is not tired of fighting ter- greatest battle of Islam in this era.’’ the murderous ideologies of the 20th rorism. America is tired of the wrong- Remember the blind sheikh? He was century. headed and bone-headed leadership of responsible for the 1993 World Trade By sacrificing human life to serve the Republican Party that has sent $6.5 Center bombing. From his prison cell, their radical visions, by abandoning billion a month to Iraq, when the front line was Afghanistan and Saudi Arabia. he has called on Muslims everywhere every value except power, they follow America is tired of leadership which to ‘‘tear them apart, ruin their econ- the path of fascism and Nazism and to- led this country to attack Saddam omy, instigate against their corpora- talitarianism. They will follow that Hussein when we were attacked by tions, destroy their embassies, attack path all the way to where it ends: In Osama bin Laden, and which captured their interests, sink their ships, and history’s unmarked graves of discarded a man who did not attack the country shoot down their airplanes; kill them lies. This is not, however, just America’s and left loose a man who did. on land, at sea, in the air; kill them fight. And what is at stake is not just Americans are tired of bone-headed wherever you find them.’’ America’s freedom. This is the world’s Republican leadership that alienates Those were their words, Mr. Presi- fight. This is civilization’s fight. This our allies when we need them the most. dent. We are at war with an enemy is the fight for all who believe in And Americans are most certainly that wants to see America wiped off progress and pluralism, tolerance, and tired of leadership that, despite docu- the map. This is an enemy bent on de- freedom. mented mistake after mistake after struction and Islamic domination—or The war we fight today is more than mistake after mistake after mistake— at least their vision of Islam. Their a military conflict; it is the decisive and even their own party admitting goal is to establish a violent political ideological struggle of the 21st century. mistakes—never admits that they do utopia across the Middle East—which Make no mistake: this is an enemy we anything wrong. That is the kind of they call a caliphate—where all would cannot appease; this is an enemy we leadership Americans are tired of. be ruled according to their hateful ide- must defeat. I didn’t come to the Senate to have ology. On September 11, 2001, and the days partisan rantings on the floor, but I Osama bin Laden has called the 9/11 immediately following, this country most certainly am not going to sit here attacks, in his words, ‘‘a great step to- stood united. We stood ready to protect as a Democrat and let the Republican ward the unity of Muslims and estab- all Americans. We must continue to leadership come to the floor and talk lishing the righteous caliphate.’’ There show a united front against this about how Democrats are not making are reports that some of Osama bin enemy. We must understand that what us safe. They are the ones who are in Laden’s supporters believe that he is we say has great consequences. If our charge, and Osama bin Laden is still the Mahdi, the 12th Imam. The Mahdi enemy sees the country divided, it will loose. will lead believers in Islam to victory also see an opportunity and a path to f over the infidels, ushering in an era of victory. peace and justice. During our Civil War, General Lee RECOGNIZING LOUISIANA’S MADI- Even Iran’s President is on record as often read northern papers to gauge SON PARISH SCHOOL DISTRICT instructing America, in his words: the mood of the population in the Ms. LANDRIEU. Mr. President, now I If you would like to have good relations North. As he saw the political dis- will speak about what I came to the with the Iranian nation in the future, bow course and the division among north- floor to speak about. We have had a down before the greatness of the Iranian na- ern leaders prior to Gettysburg, he be- very difficult time in Louisiana and tion and surrender. If you don’t accept to do lieved that it would take only one Mississippi and the gulf coast this this, the Iranian nation will force you to sur- more victory to win the war. Lucky for year, in part because our resources are render and bow down. us, the victory never came, but we can short because our country is involved Those are the Iranian President’s learn from Lee’s lesson. in so many other things, and I can ap- own words. It is not farfetched to be- Mr. President, I ask unanimous con- preciate and understand the dilemmas. lieve that with nuclear weapons in his sent for 30 more seconds. But we still have a great effort under- possession, he would use them to usher The ACTING PRESIDENT pro tem- way to rebuild Louisiana, Mississippi, in this cataclysmic confrontation that pore. Without objection, it is so or- and the gulf coast. So we have been he seeks. We must take these threats dered. moving steadily ahead in fits and seriously and act accordingly. Mr. ENSIGN. Mr. President, al-Qaida starts because, of course, this was an Remember, the terrorists are traitors reads our newspapers and watches our unprecedented disaster. And while it to their own faith trying, in effect, to television stations. They see the lack really wasn’t a natural disaster for hijack Islam itself. The enemy of of resolve in some of our leaders and Louisiana, it was a manmade disaster America is not our many Muslim they seek to exploit it. This is the time because our city went under water and friends; it is not our many Arab to lead, a time to unite, and a time to the region, counties in Mississippi and friends. Our enemy is a radical network defeat an enemy that wants to bring an parishes in Louisiana—for instance, of terrorists and every government end to freedom around the world. We one of our parishes, not New Orleans that supports them. must lay down our party labels as Re- which we have heard a lot about, but The terrorists’ directive commands publicans, Democrats, or Independents St. Bernard Parish which sits right them to kill Christians and Jews, to and become Americans. We must not outside of New Orleans, 75,000 people kill all Americans, and make no dis- tire. We must not falter. We cannot live there, and every home was de- tinction among military leaders, ordi- fail. stroyed and every church was ruined

VerDate Aug 31 2005 01:18 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G14SE6.004 S14SEPT1 jcorcoran on PRODPC62 with SENATE September 14, 2006 CONGRESSIONAL RECORD — SENATE S9581 and every business was destroyed. They also done well. We are very proud of all and his community are an example of were ruined not just because of the of our school systems that did better in the best in our society—the generosity storms and the hurricanes which come a very difficult year, but most cer- and compassion that is found in the and there is nothing much we can do to tainly we are proud of those small, hearts of our people. I also want all of stop them, but because the levees poor, rural school systems that, with us to look to the Madison Parish broke which the Federal Government is good leadership, are making substan- School System and to Superintendent supposed to maintain, and because of tial progress. Michael Johnson as an example of how spending money in other places and not We don’t talk enough about edu- a low performing school can, not only protecting people in their homes. cation on the floor of the Senate, in my turn their scores around, but offer help So as my colleagues know, we had view, and we don’t often at all talk to those students who are less fortu- water 15 feet high that stood for up to about the small areas of our country nate. 6 to 8 and sometimes 10 weeks in some that are making extraordinary Thank you to all students, teachers, places. Our communities have been progress in less populated areas. We principals and superintendents who struggling with how we might better talk a lot about New York and Chicago have taken that extra step and worked approach the recovery should some- and Los Angeles, but we don’t always harder, improved their test scores and thing—and I see my colleague from Se- get to hear about small places that are opened their arms and hearts to those attle, WA—should a tsunami hit Se- not even recognizable sometimes to who were affected by the storms. We attle, which is a major, very important many people on the map. But since I should all live by this example. In clos- American city, or should a category 5 visited Madison Parish recently and ing, I would like to express my grati- storm hit Long Island like it did in 1938 had a great tour of north Louisiana, I tude to the Madison Parish schools sys- when only a few hundred thousand peo- thought I would take a minute to come tem and to Superintendent Michael ple lived there but now millions of peo- and praise publicly this particular su- Johnson for taking education seriously ple do. We need to do a better job of re- perintendent and to call attention to and improving their test scores while sponding. So Congress has been in- many of our superintendents who, de- providing a safe, healthy learning envi- volved in that for this last year, and I spite the fact that we keep cutting ronment for all children. predict will be involved in it for many their Federal funding, are managing to Mr. President, I yield the floor. years to come until we get it right. meet these high standards and to lift f But one of the things that we did get their children up and to make their right is that the northern parishes of school system and others better for the REMEMBERING ANN RICHARDS Louisiana came to the aid of those future of our States and our region. Mrs. MURRAY. Mr. President, I rise from the southern parishes, and one of Superintendent Johnson has been the this morning on a very sad note for all those parishes that I am here to speak impetuous for Madison Parish’s recent of us who knew a very special, wonder- briefly about is Madison Parish. It is a success. Interestingly, Superintendent ful woman by the name of Governor small parish up in the northeastern Johnson was working as super- Ann Richards. Last night she left this part of our State, and it is a poor par- intendent of schools for New York world, but she left behind a tremendous ish. It has great natural resources and City’s District 29 when terrorists at- spirit that many of us will carry on. very vibrant and vital agricultural tacked the World Trade Center on Sep- She was the kind of woman who could land, but it is quite poor, generally. It tember 11, 2001. Superintendent John- walk into a room and light it up, no is a district with only 3,000 students in son took over in August before Hurri- matter where she was. She was a Gov- school. But as the people fled from canes Katrina and Rita hit and pro- ernor of Texas, and I know that State south Louisiana and south Mississippi ceeded with the same positive energy knew and loved her well, but the rest of and southeastern Texas to flee from he embodied in New York. The Madison the country also loved her. the rising water of the storms, many of Parish School District now has im- I was privileged to know this wonder- them found their way to Madison Par- proved their LEAP test scores by re- ful, compassionate human being. She ish. ducing the percentage of students scor- made me laugh, she made me think, Madison Parish superintendent Mi- ing Unsatisfactory and increased the and she made me remember what I chael Johnson led this effort to absorb percentage of students scoring Basic cared most about in this country. Her several hundred students into a very and above. They have also reduced sus- loss is a tragic one certainly for the small school system that was already pensions at the elementary and middle State of Texas, certainly for the coun- overburdened. The storm didn’t, of school levels. try, but absolutely for every one of us course, hit Madison Parish directly Not only have their scores improved, who knew her. but, of course, indirectly they were im- but the students and educators of I know many people will be speaking pacted by some high winds that made Madison Parish have welcomed the throughout the next several days about it up to north Louisiana, and were evacuated children with open arms. the loss of Governor Richards, but I mostly impacted by students and fami- Under Superintendent Johnson’s lead- just wanted, on behalf of so many of us lies who ran there for shelter. There ership, they used their resources to who cared for her so much, to express were many shelters put up. Super- provide the children lunch, buy our condolences to all of her family, to intendent Johnson, as many super- clothes, books and other necessary her friends, to everyone who knew her, intendents in north Louisiana, reached items. They provided increased after and to let them know that we will not out their hands and, without a lot of school programs so these students forget and we will continue to carry help, without any textbooks, without a would spend less time in shelters and her message of hope and passion as we lot of information about how this was have some sense of normalcy. The stu- continue in our lives. supposed to happen, took the children dents and staff helped the displaced Mr. President, I yield the floor. in. Not only did children find a safe children and teachers begin to replace Ms. LANDRIEU. Mr. President, how place in Madison Parish school systems their personal possessions and helped much time do the Democrats have re- to attend school because their schools them work through their feelings in maining? in south Louisiana were ruined, but the crisis. This was something that Su- The ACTING PRESIDENT pro tem- with all of this, Madison Parish was perintendent Johnson understood very pore. There is 10 minutes remaining. one of the parishes that improved their well from his experiences in New York Ms. LANDRIEU. Mr. President, I ask test scores substantially on the last and added to his success in caring for unanimous consent to speak for 4 min- LEAP test given in Louisiana. Not the children taken in after Hurricanes utes of that time, if I could. only did their scores improve, but stu- Katrina and Rita by Madison Parish. The ACTING PRESIDENT pro tem- dents and educators in Madison Parish As students come back into southern pore. Without objection, it is so or- at the same time were welcoming evac- Louisiana and begin the new school dered. uated children with open arms. year, I would like to recognize how Ms. LANDRIEU. Mr. President, I Madison Parish is not the only parish beautifully our students were wel- would like to take a few minutes to that saw a substantial rise in test comed into schools systems like Madi- add to Senator MURRAY’s heartfelt and scores this year. Beauregard Parish has son Parish. Superintendent Johnson beautiful tribute to Governor Ann

VerDate Aug 31 2005 01:18 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G14SE6.006 S14SEPT1 jcorcoran on PRODPC62 with SENATE S9582 CONGRESSIONAL RECORD — SENATE September 14, 2006 Richards. Many of us woke up this sure there will be a more formal rec- Mr. President, earlier this week we morning to read the newspaper and ognition in the Senate Chamber among all commemorated the fifth anniver- were stunned by the news that Gov- men and women remembering the con- sary of 9/11. Much of that day was spent ernor Richards had passed away. tributions this extraordinary American here and around the country discussing Many of us, of course, knew of her ill- made to our country, to the world, to whether after 5 years we are safer and ness and that she struggled with it and women and girls everywhere. whether we are safe enough. While we fought it bravely, but I am not sure I yield the floor. have made real progress with respect how many understood how close she I suggest the absence of a quorum. to the security of our nuclear power- was to death’s door. The PRESIDING OFFICER (Mr. plants, with respect to airport secu- As a neighbor of hers who grew up SUNUNU). The clerk will call the roll. rity, far too little has been done to se- right over the border from Texas, and The assistant legislative clerk pro- cure our Nation’s seaports, railways, as a young woman in the legislature, ceeded to call the roll. transit systems and, I might add, hun- Ann Richards was at the top of the list Ms. COLLINS. Mr. President, I ask dreds of chemical plants around this of women I looked to early in my ca- unanimous consent that the order for country. reer. I did not have too many women to the quorum call be rescinded. After 9/11 we also recognized the need look to because there were just not The PRESIDING OFFICER. Without to protect our seaports. In 2002 we that many women in public office in objection, it is so ordered. passed the Maritime Transportation this country in 1976, the year when f Security Act, which was the start of Governor Richards started her political developing a national and regional CONCLUSION OF MORNING career as Travis County Commissioner. maritime security plan or plans. This BUSINESS There were 604 women in state legisla- legislation also required the Depart- tures nationwide. Not only was she an The PRESIDING OFFICER. Under ment of Homeland Security to help outstanding leader but she was an ex- the previous order, morning business is ports develop individual security plans traordinary administrator. I remember closed. and directed Customs and Border Pro- her days as State treasurer of Texas f tection to design a system for receiving and followed many of her guidelines to SECURITY AND ACCOUNTABILITY information on ships’ cargoes before leadership in trying to manage the FOR EVERY PORT ACT they docked at a U.S. port. budget of Texas. I followed that lead in Now, 4 years later, we are finally trying to manage the budget of Lou- The PRESIDING OFFICER. Under taking the next step. Still, port secu- isiana. She showed that women could the previous order, the Senate will re- rity has never received the same level not only hold county commissioner sume consideration of H.R. 4954, which of attention as airport security, and seats, but high-level executive offices, the clerk will report. part of this is because 9/11 tragically managing finances and money. She be- The assistant legislative clerk read exposed the vulnerabilities of our ports come Governor of one of the largest as follows: and it has been burned into our memo- States in America and served with ex- A bill (H.R. 4954) to improve maritime and ries. I think it is also because most traordinary ability. cargo security through enhanced layered de- Americans do not have any direct But more than just her service to the fenses, and for other purposes. interaction with a seaport on a daily public at large, which was tremendous Pending: basis, a weekly basis, a monthly basis to the State of Texas and the country, Schumer modified amendment No. 4930 to or, in some cases, ever. However, a Ann Richards encouraged women to improve maritime container security by en- growing number of Americans have think of things that had never been suring that foreign ports participating in the begun to recognize what an appealing thought of before that women could to Container Security Initiative scan all con- target our seaports can be for terror- serve in corporate board rooms and as tainers shipped to the United States for nu- clear and radiological weapons before load- ists. Governors and, hopefully, one day as ing. First of all, many ports, including President of the United States. And Murray (for Stabenow) amendment No. the ones we have in my State and the today, thanks to women like her, 1,686 4967 to authorize grants for interoperable States of New Hampshire, Maine, and women serve in state legislatures communications. Washington, are located in or near across the country. Without women Nelson (NE) modified amendment No. 4945 densely populated urban areas. Also, such as Ann Richards, those dreams to provide emergency agricultural disaster ports are vital to the economy of our would never materialize or would be assistance. country. They are used by farmers to decades away. DeMint amendment No. 4970 to prohibit try to get their products to market and the issuance of transportation security cards There was a quote in the paper that to individuals who have been convicted of also industry to export products, but I chuckled at because Governor Rich- certain crimes. also we import everything from chemi- ards said once she didn’t want to be re- Clinton/Dole amendment No. 4957 to facili- cals to oil and gas. As a result, many of membered for keeping a clean house. tate nationwide availability of 2–1-1 tele- us have concluded we must place a She thought that women should be re- phone service for information on and referral higher priority on addressing any vul- membered for things greater than just to human services, including volunteer op- nerability at our ports before any ter- how well they could vacuum how well portunities related to human services. rorist attack takes advantage of them. Clinton amendment No. 4943 to fund addi- they could cook or how well they could I applaud the work of Senator COLLINS tional research to improve the detection of do things associated with the home. explosive materials at airport security and the great work Senator LIEBERMAN While I do not in any way diminish checkpoints. has done with her helping to craft this, the contribution that we make as Clinton/Schumer amendment No. 4958 to and also the staffs and Senator MUR- wives and as mothers or diminish any establish a grant program for individuals RAY and her staff. of the things that we do inside of our still suffering health effects as a result of the The American Association of Port homes that keep our families happy September 11, 2001, attacks in New York Authorities believes that to do so will and keep our society going, I want to City. require roughly $400 million a year for say emphatically that I agree with her. The PRESIDING OFFICER. Under physical enhancements for ports in this I hope women who are born and grow the previous order, there will be 1 hour country. The bill before us would au- up today really think about what they for debate equally divided in the usual thorize Congress to do just that. want their tombstone to say. form. Now, $400 million is a lot of money, Ann was always that kind of woman. Mrs. MURRAY. Mr. President, I yield but it is significantly cheaper, I think She was born not only to be all a 10 minutes to the Senator from Dela- we will agree, than responding to a woman could be, but all a person could ware. devastating attack after the fact. My be, all a leader could be. Very few The PRESIDING OFFICER. The Sen- port, the Port of Wilmington, has re- women in the generations that I am fa- ator from Delaware is recognized for 10 ceived about $2 million since 9/11. The miliar with have accomplished that as minutes. State has provided a fair amount of well as she did. It is with great sadness Mr. CARPER. I thank my colleagues money, as has our port authority. that we recognize her passing, and I am for yielding. These funds have been used, in part, to

VerDate Aug 31 2005 03:26 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G14SE6.007 S14SEPT1 jcorcoran on PRODPC62 with SENATE September 14, 2006 CONGRESSIONAL RECORD — SENATE S9583 help build a gated entrance with cam- them. After the train bombing in Ma- threats without unduly slowing com- eras, with security checks, and to fence drid 2 years ago and the London Under- mute times. It will require smart peo- and light the port’s perimeter. ground attacks last summer, many of ple, a strong focus, and good leader- While we are grateful to receive Fed- us hoped we would take steps to pre- ship. That is why we must pass rail se- eral support for these important secu- vent a similar kind of attack here. But curity legislation that lays out a na- rity measures, our port, like many oth- to date, the Federal Government has tional approach and framework. ers, will require additional assistance. done far too little to address transit While I am very happy we adopted Some of that we should provide our- and rail security needs in this country. the rail and transit security amend- selves within our State. For some of In fact, rail and transit security re- ment to this bill, I simply cannot un- that we look to the Federal Govern- ceived less than 3 percent of the fund- derstand why this legislation has been ment for help. Obviously there is not ing that has been dedicated thus far to so difficult to get passed and signed enough funding for everyone to get ev- airport security. into law. What is controversial about erything they need. However, ports in I want to be honest with you. Pro- hiring bomb-sniffing dogs or improving Oklahoma, ports in Kansas, ports in tecting our rail and transit lines will surveillance? Nothing. The threat has Tennessee and Kentucky have all re- not be an easy task. Almost 10 billion simply not been taken seriously. ceived port security grants over the transit trips were taken in 2004, and How much more time do I have, Mr. years, as have ports along the eastern transit accommodates more than 16 President? and western gulf coast. At the same times the number of daily travelers The PRESIDING OFFICER. The Sen- time, the Port of Wilmington—I am than do our Nation’s airlines—16 times. ator has 45 seconds remaining. told it is the busiest port on the Dela- There are more and more people using Mr. CARPER. I hope this casual ap- ware River and the port of entry for rail transit every day so they can avoid proach to a dangerous threat ends with much of our Nation’s food supply, espe- traffic and high gasoline prices. Also, it the adoption of the rail and security cially for the east coast—has been is much more difficult to protect an amendments this week. I strongly sup- forced to make do with less. Therefore, open system such as the ones at bus port their passage and urge our leader- I am pleased this bill requires the De- stops and train stations than it is to ship to fight to maintain them in the partment of Homeland Security to con- guard the closed systems we have at bill with the amendments we send to duct a risk analysis of our Nation’s airports. You cannot physically check the President. seaports and establish a priority for se- every bag that is brought onto a com- In conclusion, it has been 5 years curity funding. muter train or ID every person who since 9/11; 5 years of hearing that we The Port of Wilmington also partici- boards a bus, nor do I believe we ought need to take threats seriously and real- pated in something called a Transpor- to. The rail transit systems can only ize we live in a dangerous world. It is tation Security Administration pilot work if they are fluid. I believe long time we act on those words and protect program, a program designed to screen lines of people taking off their shoes to the millions of Americans who rely on port workers and block individuals get on a train or bus would render rail and transit every day, and on our with a terrorist connection from ac- them largely unworkable. ports, just as this legislation would cessing sensitive areas at our ports. As much as anything, though, what better protect our ports and the com- This pilot program was supposed to be we need to do in order to reduce the munities around them in the years the first step toward establishing a na- likelihood of a debilitating attack on ahead. tional program, with identification our transit and rail systems is to im- Mr. President, I yield my time. Ms. COLLINS. Mr. President I sug- cards and equipment that could read prove surveillance, more security offi- gest the absence of a quorum. biometric information, such as finger- cers, use of canines, and heavy reliance The PRESIDING OFFICER. The prints and retinal patterns. But the De- on the use of new technologies. This re- clerk will call the roll. partment of Homeland Security ended quires strong leadership, vision, and The assistant legislative clerk pro- this pilot program before the national enthusiasm for attacking the unique ceeded to call the roll. screening and identification system challenges of securing rail and transit. Mrs. MURRAY. Mr. President, I ask was ready. The national system was It also requires effective partner- unanimous consent that the order for supposed to be implemented by last ships. The Federal Government needs the quorum call be rescinded. summer, but it has yet to occur. The to be one of those principal partners. The PRESIDING OFFICER. Without implementation date, I am sorry to So far, the Department of Homeland objection, it is so ordered. say, continues to slip. Now we are Security has only shown a strong appe- Mrs. MURRAY. Mr. President, we are being told the ports will receive official tite for preventing the sort of attack in a time where we have equally di- identification cards by the end of this that led to its creation. The White vided time, and I am going to give 5 year, but the essential card readers House proposes lumping together all minutes to the Senator from Arkansas will not be ready until sometime next nonaviation security into one competi- off of our time and ask unanimous con- year. That doesn’t make a lot of sense. tive grant program, with less than 15 sent that any quorum calls that occur This program is moving forward far percent of the funding proposed for air- from here on are equally divided. too slowly, and that is why I offered an craft security. That is less than 15 per- The PRESIDING OFFICER. Without amendment, when the Homeland Secu- cent for all of them—transit, ports, objection, it is so ordered. The Senator rity and Governmental Affairs Com- rail, and so forth. from Arkansas is recognized for 5 min- mittee debated port security, to re- Further, the tiny sums that have utes. quire the Department of Homeland Se- been appropriated for rail security AMENDMENT NO. 4959 curity to issue its regulations on the have been very slow to move. Last Mr. PRYOR. Mr. President, I thank worker screening program not next year, the Department of Homeland Se- the managers of this legislation. They year but by the end of this year. The curity took 9 months just to start have done a fantastic job in getting us bill before us today takes a slightly dif- sending appropriated funds to State to where we are today. Also, I thank ferent approach but still addresses the and local transit authorities. I realize Senator TALENT of Missouri, who has need to get this important program up they can’t turn the spigot on over- been my cosponsor on the amendment I and running as soon as possible. Under night, but 9 months? We can do better wish to visit with you about, very the Port Security Improvement Act, than that, and we need to. Rail and briefly, today. this bill, the Department of Homeland transit security should not be con- Port Security remains a major vul- Security would be required to fully im- troversial issues. We know we need to nerability for this country, and tied to plement the worker credentialing pro- upgrade the emergency exits and sur- port security is trucking security. gram at 10 ports by next summer and veillance equipment at train stations. The 9/11 Commission identified for- at all ports by January 1, 2009. Further, we need to hire more police eign trucking entities entering the Let me conclude by saying that this officers, we need to train and deploy United States as a top homeland secu- week we have also passed rail and tran- more bomb-sniffing dogs, and we have rity concern. The DOT inspector gen- sit security amendments, something to develop more sophisticated equip- eral has recommended that various se- that is long overdue. I strongly support ment that would allow us to detect curity enhancements to the trucking

VerDate Aug 31 2005 01:18 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G14SE6.015 S14SEPT1 jcorcoran on PRODPC62 with SENATE S9584 CONGRESSIONAL RECORD — SENATE September 14, 2006 security provisions in this bill be made. The PRESIDING OFFICER. The title 46, United States Code, are reasonably This goes back to 2004, but they have clerk will call the roll. available and suitable for these support oper- largely been ignored since that time. The assistant legislative clerk pro- ations; and If you look at the reality of the situ- ceeded to call the roll. (2) during the period beginning January 1, ation in which we find ourselves today, 2010, and ending December 31, 2012, if the Ms. COLLINS. Mr. President, I ask Secretary determines that— we have NAFTA, where NAFTA allows unanimous consent that the order for (A) the lessee has entered into a binding foreign trucks to come into the United the quorum call be dispensed with. agreement to use eligible vessels docu- States within 25 miles of the U.S. bor- The PRESIDING OFFICER. Without mented under chapter 121 of title 46, United der. They can pass between Mexico and objection, it is so ordered. States Code, in sufficient numbers and with Canada. But what we have found in re- Ms. COLLINS. Mr. President, I com- sufficient suitability to replace foreign flag ality is that, although most are play- mend the Senator from Arkansas for vessels operating under this section; and ing by the rules, and that is good, there his involvement on this issue. He is a (B) the Secretary determines that no eligi- ble vessel documented under chapter 121 of are some truckdrivers and trucking terrific member of the Homeland Secu- companies violating the provisions of title 46, United States Code, is reasonably rity Committee. I appreciate his many available and suitable for these support oper- U.S. law by delivering goods and pick- contributions. ations to replace any foreign flag vessel op- ing up goods far outside the scope of I suggest the absence of a quorum. erating under this section, if such a deter- where they are supposed to do it. The PRESIDING OFFICER. The mination is made, until January 1, 2013, if no Trucking is very important to this clerk will call the roll. vessel documented under the laws of the country. It may not be very exciting to The assistant legislative clerk pro- United States is reasonably available and some people, but it is very important ceeded to call the roll. suitable for these support operations to re- to this country because 70 percent of Mr. STEVENS. Mr. President, I ask place any foreign-flag vessel operating under this section. our Nation’s cargo is carried by truck. unanimous consent that the order for AMENDMENT NO. 5017 It is also important to homeland se- the quorum call be dispensed with. curity because trucks have been used The PRESIDING OFFICER. Without (Purpose: To make technical corrections) in terrorist attacks in years past. What objection, it is so ordered. On page 5, line 2, insert ‘‘to’’ before ‘‘se- Senator TALENT and I are trying to do cure’’. with our amendment—and the man- AMENDMENTS NOS. 5016, 5017, 5018, AND 5001, EN On page 8, line 8, strike the first period and BLOC agers have graciously agreed to accept ‘‘; and’’. Mr. STEVENS. Mr. President, I send it in the managers’ package—is to di- On page 12, line 24, strike ‘‘, of this sec- three amendments to the desk for my- tion’’ and insert ‘‘of this section,’’. rect the Department of Transportation self, Senator GRASSLEY and Senator On page 16, line 15, strike ‘‘and State’’ and and the Department of Homeland Secu- insert ‘‘State’’. rity to first verify legal status of all li- SNOWE. There is a Wyden amendment, No. On page 16, line 18, after ‘‘stakeholders’’ in- censed commercial truck drivers oper- sert the following: ‘‘adversely affected by a ating in the United States. Right now 5001, at the desk. transportation security incident or transpor- there are about 11 million of those, and Mrs. MURRAY. Mr. President, if the tation disruption’’. there are about 40,000 new ones every Senator will withhold for 1 minute On page 17, line 23, insert ‘‘Public Law 108- month. until we have a chance to see what 293’’ before ‘‘118’’. First, we have to verify legal status. those are. I don’t have the package in On page 20, line 15, strike ‘‘of the Nation’s commercial seaports’’ and insert ‘‘of the Second, we eliminate commercial front of me. I thank the Senator. commercial seaports of the United States’’. driver’s license fraud. Of course, we On page 24, line 4, strike the semicolon and know that it is not perfect. We will Mr. STEVENS. Mr. President, the insert a comma. probably not eliminate every single in- Wyden amendment is on the definition On page 24, line 13, strike ‘‘(2)’’ and insert cident of that, but we are going to of change, my amendment pertains to ‘‘(1)’’. make a very serious stab at elimi- anchor handling, the Snowe amend- On page 27, line 23, strike ‘‘ocean-borne’’ nating as much as possible. ment is with regard to a conveyance and insert ‘‘oceanborne’’. Third—this is very important—we extension, and the Grassley amend- On page 28, line 8, strike ‘‘ocean-borne’’ ment is with regard to technical cor- and insert ‘‘oceanborne’’. give State governments and local law On page 29, line 5, strike ‘‘, and’’ and insert enforcement uniform guidelines and rections. ‘‘and’’. tools for enforcing immigration viola- These were erroneously left out of On page 33, line 17, after ‘‘issues’’, insert tions by truckers who are operating be- the managers’ package which we proc- ‘‘resulting from a transportation security in- yond the scope of their authority. essed last evening. cident or transportation disruption’’. This is something that we have seen I ask unanimous consent that these On page 36, line 11, insert ‘‘the’’ before in Arkansas—I am sure that Senator four amendments be considered as ad- ‘‘Container’’. On page 39, line 24, strike ‘‘ocean-borne’’ TALENT has seen it in Missouri—and all ditions to the managers’ package, that and insert ‘‘oceanborne’’. around the country. People on the they be considered en bloc and agreed On page 48, line 7, insert a comma after ground down in the trenches, local law to en bloc, and the motions to lay on ‘‘Commissioner’’. enforcement—in our case, it is the the table be agreed to. On page 69, line 3, strike ‘‘Undersecretary’’ highway police—don’t have any clear The PRESIDING OFFICER. Is there and insert ‘‘Under Secretary’’. direction on what they can do if they objection? Without objection, it is so On page 72, lines 18 and 19, strike ‘‘the cur- find someone who is driving illegally ordered. rent fiscal year’’ and insert ‘‘the fiscal year under these circumstances. The amendments were agreed to, as in which the report is filed’’. We do all this and give them 1 year On page 73, line 23, strike ‘‘the current fis- follows: cal year’’ and insert ‘‘the fiscal year in to comply with this amendment. AMENDMENT NO. 5016 which the report is filed’’. We are basically taking areas that (Purpose: To provide a phased and temporary On page 85, line 23, strike the first period. have been identified by the 9/11 Com- anchor movement exception for Alaska) AMENDMENT NO. 5018 mission or by the DOT inspector gen- SEC. ———. PHASE-OUT OF VESSELS SUPPORTING (Purpose: To change a conveyance date for eral, and we are holding DOT’s and OIL AND GAS DEVELOPMENT. Coast Guard property in Portland, Maine) DHS’s feet to the fire to make sure Notwithstanding section 27 of the Mer- SEC. ———. COAST GUARD PROPERTY IN PORT- they do the right thing when it comes chant Marine Act, 1920 (46 U.S.C. App. 883) LAND, MAINE. to immigration and homeland security. and sections 12105(c) and 12106 of title 46, Section 347(c) of the Maritime Transpor- It is a win-win-win across the board. United States Code, a foreign-flag vessel tation Security Act of 2002 (Public Law 107– It is good for the United States econ- may be employed for the movement or trans- 295; 116 Stat. 2109) is amended by striking omy, it is good for our trucking indus- portation of anchors for operations in sup- ‘‘within 30 months from the date of convey- try, and it is good for United States se- port of exploration of offshore mineral or en- ance.’’ and inserting ‘‘by December 31, 2009.’’. ergy resources in the Beaufort Sea or the AMENDMENT NO. 5001 curity and homeland security. It will Chukchi Sea by or on behalf of a lessee— reward the good guys and punish the (1) until January 1, 2010, if the Secretary of (Purpose: To modify the definition of the bad guys. the department in which the Coast Guard is term ‘‘container security device’’) I yield the floor. I suggest the ab- operating determines that insufficient eligi- On page 4, line 25, strike ‘‘a device’’ and all sence of a quorum. ble vessels documented under chapter 121 of that follows through page 5, line 4, and insert

VerDate Aug 31 2005 01:18 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G14SE6.016 S14SEPT1 jcorcoran on PRODPC62 with SENATE September 14, 2006 CONGRESSIONAL RECORD — SENATE S9585 the following: a device, or system, designed, graph (1), the Council of the National Acad- of methamphetamine and methamphetamine at a minimum, to identify positively a con- emy of Sciences and Director of the National precursor chemicals into the United States. tainer, to detect and record the unauthorized Institute of Occupational Safety and Health In conducting the analysis, the Commis- intrusion of a container, and to secure a con- shall each submit a report to Congress that sioner shall— tainer against tempering throughout the includes— (A) consider the entry of methamphet- supply chain. Such a device, or system, shall (A) information regarding the exposure of amine and methamphetamine precursor have a low false alarm rate as determined by workers and the public and the possible risk chemicals through ports of entry, between the Secretary. to their health and safety, if any, posed by ports of entry, through the mails, and Mr. STEVENS. I thank the Chair. I these screening procedures; and through international courier services; thank all concerned. (B) any recommendations for modification (B) examine the export procedures of each Mrs. MURRAY. Mr. President, I sug- of the cargo screening protocols to reduce foreign country where the shipments of exposure to ionizing or non-ionizing radi- methamphetamine and methamphetamine gest the absence of a quorum. ation to the lowest levels feasible. precursor chemicals originate and determine The PRESIDING OFFICER. The (b) GOVERNMENT RESPONSIBILITY.—Any em- if changes in the country’s customs over clerk will call the roll. ployer of an employee who has an illness or time provisions would alleviate the export of The bill clerk proceeded to call the injury for which exposure to ionizing or non- methamphetamine and methamphetamine roll. ionizing radiation from port cargo screening precursor chemicals; and Ms. COLLINS. Mr. President, I ask procedures required under Federal law is a (C) identify emerging trends in smuggling unanimous consent that the order for contributing cause may seek, and shall re- techniques and strategies. the quorum call be rescinded. ceive, full reimbursement from the Federal (2) REPORT.—Not later than September 30, Government for additional costs associated The PRESIDING OFFICER (Mr. EN- 2007, and each 2-year period thereafter, the with such illness or injury, including costs SIGN). Without objection, it is so or- Commissioner, in consultation with the incurred by the employer under the United States Immigration and Customs En- dered. Longshore and Harbor Workers’ Compensa- Ms. COLLINS. Mr. President, I would forcement, the United States Drug Enforce- tion Act (33 U.S.C. 901 et seq.), State work- ment Administration, and the United States like to have the Chair recognize the ers’ compensation laws, or other equivalent Department of State, shall submit a report Senator from Georgia. programs. to the Committee on Finance and the Com- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- mittee on Foreign Relations of the Senate, ator from Georgia is recognized. ator from Maine. and the Committee on Ways and Means and Mr. ISAKSON. Mr. President, I ask AMENDMENTS NOS. 4923, AS MODIFIED, AND 4986, the Committee on International Relations of unanimous consent that the pending AS MODIFIED the House of Representatives, that in- amendment be set aside. Ms. COLLINS. Mr. President, there cludes— The PRESIDING OFFICER. Is there are two amendments that have been (A) a comprehensive summary of the anal- ysis described in paragraph (1); objection? cleared on both sides, the Isakson Without objection, it is so ordered. (B) a description of how the United States amendment No. 4923, as modified, and Customs and Border Protection utilized the AMENDMENT NO. 4923, AS MODIFIED the Baucus amendment No. 4986, as analysis described in paragraph (1) to target Mr. ISAKSON. Mr. President, I call modified. I ask unanimous consent shipments presenting a high risk for smug- up amendment No. 4923, which is at the that they be agreed to en bloc. gling or circumvention of the Combat Meth- desk. The PRESIDING OFFICER. There is amphetamine Epidemic Act of 2005 (Public The PRESIDING OFFICER. The no modification at the desk to the Bau- Law 109–177). clerk will report. cus amendment. (3) AVAILABILITY OF ANALYSIS.—The Com- The legislative clerk read as follows: The clerk will report. missioner shall ensure that the analysis de- scribed in paragraph (1) is made available in The Senator from Georgia [Mr. ISAKSON] The legislative clerk read as follows: a timely manner to the Secretary of State to proposes an amendment numbered 4923. The Senator from Maine [Ms. COLLINS], for facilitate the Secretary in fulfilling the Sec- Mr. ISAKSON. Mr. President, I ask Mr. BAUCUS, proposes an amendment num- retary’s reporting requirements in section unanimous consent that amendment bered 4986, as modified. 722 of the Combat Methamphetamine Epi- No. 4923 be modified with the Kennedy The amendment, as modified, is as demic Act of 2005. amendment, which is at the desk. follows: (c) DEFINITION.—In this section, the term The PRESIDING OFFICER. Is there (Purpose: To require that as part of the an- ‘‘methamphetamine precursor chemicals’’ objection? nual performance plan required in the means the chemicals ephedrine, Without objection, it is so ordered. budget submission of the Bureau of Cus- pseudoephedrine, or phenylpropanolamine, The amendment is so modified, not- toms and Border Protection under section including each of the salts, optical isomers, withstanding the filing deadline. 1115 of title 31, United States Code, the and salts of optical isomers of such chemi- Commissioner of Customs establish per- cals. The amendment, as modified, is as formance indicators relating to the seizure The PRESIDING OFFICER. Is there follows: of methamphetamine and methamphet- (Purpose: To reduce the radiation exposure amine precursor chemicals in order to further debate on the amendments? If of maritime workers and to reimburse evaluate the performance goals of the Bu- not, without objection, the amend- maritime terminal operators for additional reau with respect to the interdiction of il- ments, as modified, are agreed to en costs associated with illnesses or injuries legal drugs entering the United States, and bloc. for which exposure to ionizing or non-ion- for other purposes) The amendments (Nos. 4923, as modi- izing radiation from cargo screening proce- At the end of the bill, insert the following: fied, and 4986, as modified) were agreed dures required under Federal law is a con- TITLE V—METHAMPHETAMINE to. tributing cause) SEC. 501. METHAMPHETAMINE AND METH- At the appropriate place, insert the fol- Ms. COLLINS. Mr. President, I move AMPHETAMINE PRECURSOR CHEMI- to reconsider the vote. lowing: CALS. SEC. ll. CARGO SCREENING. (a) COMPLIANCE WITH PERFORMANCE PLAN Mrs. MURRAY. I move to lay that (a) RADIATION RISK REDUCTION.— REQUIREMENTS.—For each of the fiscal years motion on the table. (1) SAFETY PROTOCOLS.—Immediately upon of 2007, 2009, and 2011, as part of the annual The motion to lay on the table was passage of this Act, the Secretary, in con- performance plan required in the budget sub- agreed to. sultation with the Secretary of Labor and mission of the United States Customs and Ms. COLLINS. Mr. President, very the Director of the National Institute of Oc- Border Protection under section 1115 of title shortly we will be voting on cloture on cupational Safety and Health at the Centers 31, United States Code, the Commissioner for Disease Control, shall develop and imple- shall establish performance indicators relat- the Port Security Act. I urge my col- ment protocols to protect the safety of port ing to the seizure of methamphetamine and leagues to support the cloture motion. workers and the general public. methamphetamine precursor chemicals in We hope to be able to complete action (2) PUBLICATION.—The protocols developed order to evaluate the performance goals of on this bill by 5 o’clock this afternoon. under paragraph (1) shall be— the United States Customs and Border Pro- We are working toward that goal. (A) published and made available for public tection with respect to the interdiction of il- Senator MURRAY and I are happy to comment; and legal drugs entering the United States. talk to our colleagues, but we will be (B) designed to reduce the short- and long- (b) STUDY AND REPORT RELATING TO METH- term exposure of worker and the public to AMPHETAMINE AND METHAMPHETAMINE PRE- moving through the amendments at a the lowest levels feasible. CURSOR CHEMICALS.— very rapid pace after cloture is in- (3) REPORT.—Not later than 1 year after (1) ANALYSIS.—The Commissioner of shall, voked, as I hope it will be. We have the implementation of protocols under para- on an ongoing basis, analyze the movement made great progress on this bill. It is

VerDate Aug 31 2005 01:18 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A14SE6.002 S14SEPT1 jcorcoran on PRODPC62 with SENATE S9586 CONGRESSIONAL RECORD — SENATE September 14, 2006 an important bill for our homeland se- The bill clerk read as follows: AUTHORITY FOR COMMITTEES TO MEET curity, and I urge all of our colleagues CLOTURE MOTION Mr. FRIST. Mr. President, I have 10 to support the cloture motion. We the undersigned Senators, in accord- unanimous consent requests for com- The PRESIDING OFFICER. The Sen- ance with the provisions of rule XXII of the mittees to meet. They have the ap- ator from Washington. Standing Rules of the Senate, do hereby proval of the leaders. I ask unanimous Mrs. MURRAY. Mr. President, we are move to bring to a close debate on Calendar consent that these requests be agreed about to vote on cloture on a very im- No. 432, H.R. 4954, a bill to improve maritime to and printed in the RECORD. portant maritime cargo security bill. and cargo security through enhanced layered The PRESIDING OFFICER. Is there This is a bill that will have a signifi- defenses, and for other purposes. objection? cant impact on the Nation’s security, Bill Frist, Susan M. Collins, David Mr. WARNER. Mr. President, I would as it is implemented. A number of peo- Vitter, Jon Kyl, James Inhofe, Tom make an inquiry. I inquire of the dis- ple have been working on the floor for Coburn, Jim DeMint, Richard Burr, Wayne Allard, Ted Stevens, Craig tinguished majority leader if the Sen- the last several days to work our way Thomas, Richard C. Shelby, R.F. Ben- ate Armed Services Committee could through amendments. I think a lot of nett, Mike Crapo, Sam Brownback, be added to that list and, therefore, be progress has been made, and I am very Rick Santorum, Larry E. Craig. able to continue our hearing. pleased with the number of improve- The PRESIDING OFFICER. By unan- Mr. FRIST. Mr. President, right on ments that have been made to this bill imous consent, the mandatory quorum top of the 10 requests is the unanimous over the last several days. call has been waived. consent request that the Armed Serv- When this bill is finally passed out of The question is, Is it the sense of the ices Committee be authorized to meet the Senate and conferenced with the Senate that debate on H.R. 4954, the during the session. House, which I hope will occur shortly, Security and Accountability for Every For the information of our col- and signed by the President, we can all Port Act, shall be brought to a close? leagues, there had been an objection say that in a bipartisan way we have The yeas and nays are mandatory earlier today. I talked to the appro- significantly made a difference in the priate Members and that was readily lives of all Americans. under the rule. The clerk will call the roll. agreed to. So the Armed Services Com- In a moment we will be voting on clo- mittee will be able to meet accordingly ture. That means this bill is very close The bill clerk called the roll. Mr. MCCONNELL. The following Sen- any time today. to the end. We have a few amendments Again, for the information of our col- we are going to be dealing with, but ator was necessarily absent: the Sen- ator from Rhode Island (Mr. CHAFEE). leagues, I ask the chairman of that both the Republican leader and the committee to indicate what time they Democratic leader have been clear they Mr. DURBIN. I announce that the Senator from Hawaii (Mr. AKAKA) is will resume the meeting. want this bill finished by early after- Mr. WARNER. Mr. President, I thank noon. That means if any of our col- necessarily absent. The PRESIDING OFFICER (Mr. our distinguished leader. With the con- leagues on our side have an amendment currence of the distinguished ranking they need to have discussed, they need GRAHAM). Are there any other Senators member, Mr. LEVIN, we have agreed to to talk with us during this cloture vote in the Chamber desiring to vote? resume in open session a markup in the or their amendment will not be consid- The yeas and nays resulted—yeas 98, Armed Services Committee in Hart 216 ered. So I urge anybody on my side who nays 0, as follows: at 2:15. has an amendment out there, an issue [Rollcall Vote No. 247 Leg.] Mr. LEVIN. Mr. President, will the that needs to be dealt with, to talk YEAS—98 majority leader yield? with us during this coming cloture Alexander Dorgan McConnell Mr. FRIST. Yes. vote. Allard Durbin Menendez Mr. LEVIN. To make sure that the Mr. President, with that, I urge my Allen Ensign Mikulski Record is clear, there has never been colleagues on my side to vote for clo- Baucus Enzi Murkowski Bayh Feingold and has not been any objection—I am ture and to move this very important Murray Bennett Feinstein Nelson (FL) sure the majority leader would con- piece of legislation forward. Biden Frist Nelson (NE) cur—any objection from this side at The PRESIDING OFFICER. The Sen- Bingaman Graham Obama ator from Maine. Bond Grassley Pryor any time to the Armed Services Com- Ms. COLLINS. Mr. President, I ask Boxer Gregg Reed mittee meeting today. Brownback Hagel Reid Mr. WARNER. Mr. President, I thank unanimous consent that the Senator Bunning Harkin Roberts Burns Hatch the Senator. That is well known to this from Pennsylvania, Mr. SPECTER, be al- Rockefeller Burr Hutchison lowed to speak for 10 minutes as in Salazar Senator—that the Senator from Michi- Byrd Inhofe Santorum gan and that side of the aisle has been morning business immediately after Cantwell Inouye Sarbanes the cloture vote. Carper Isakson totally cooperative in having a mark- The PRESIDING OFFICER. Is there Chambliss Jeffords Schumer up. Clinton Johnson Sessions The PRESIDING OFFICER. Without objection? Shelby Mrs. MURRAY. Mr. President, I Coburn Kennedy objection, it is so ordered. Cochran Kerry Smith C would not object. If the Senator could Coleman Kohl Snowe Mr. M CAIN. Mr. President, I suggest withhold for just 1 minute to let me Collins Kyl Specter the absence of a quorum. check on my side. Conrad Landrieu Stabenow The PRESIDING OFFICER. Without Cornyn Lautenberg Stevens objection, the clerk will call the roll. Ms. COLLINS. I would be happy to Sununu Craig Leahy The legislative clerk proceeded to withhold. Crapo Levin Talent Mrs. MURRAY. Mr. President, I Dayton Lieberman Thomas call the roll. would ask the Senator from Maine to DeMint Lincoln Thune Mr. SPECTER. Mr. President, I ask modify her request so that following DeWine Lott Vitter unanimous consent the order for the Dodd Lugar Voinovich quorum call be rescinded. the 10 minutes for the Senator from Dole Martinez Warner Pennsylvania that Senator BAUCUS be Domenici McCain Wyden The PRESIDING OFFICER. Without objection, it is so ordered. allowed to the speak for 10 minutes on NOT VOTING—2 our side. Mr. SPECTER. Mr. President, I be- The PRESIDING OFFICER. Does the Akaka Chafee lieve I have consent to speak for 10 Senator so modify her unanimous con- The PRESIDING OFFICER. On this minutes as in morning business. sent request? vote, the yeas are 98, the nays are 0. The PRESIDING OFFICER. The Sen- Ms. COLLINS. Mr. President, I so Three-fifths of the Senators duly cho- ator is correct. modify my request. sen and sworn having voted in the af- TERRORIST SURVEILLANCE The PRESIDING OFFICER. Without firmative, the motion is agreed to. Mr. SPECTER. Mr. President, I have objection, it is so ordered. Mrs. MURRAY. Mr. President, I sought recognition to comment briefly CLOTURE MOTION move to reconsider the vote and I move about two subjects: One, the legislation The PRESIDING OFFICER. Under to lay that motion on the table. providing for judicial review for the the previous order, the clerk will re- The motion to lay on the table was President’s terrorist surveillance pro- port the motion to invoke cloture. agreed to. gram; and, second, what we are going

VerDate Aug 31 2005 03:26 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G14SE6.021 S14SEPT1 jcorcoran on PRODPC62 with SENATE September 14, 2006 CONGRESSIONAL RECORD — SENATE S9587 to do to comply with Hamdan v. Rums- my view that it is indispensable to wants greater latitude, but there is feld. have witnesses confront their accusers some assurance of congressional over- The Judiciary Committee reported and know what the evidence is. Com- sight because the interrogation tactics out three bills yesterday. S. 2453, which mon Article 3 of the Geneva Conven- have to be submitted to the Intel- is my bill, provides that the surveil- tions provides that there has to be an ligence Committee. One other point lance program will be submitted to the affording of all judicial guarantees that I want to comment on is my con- Foreign Intelligence Surveillance which are recognized as indispensable cern about the inclusion of habeas cor- Court. There is no doubt that the by civilized people. I think that would pus relief. I believe that it is important President’s program violates the For- include telling somebody what the evi- to retain jurisdiction of the Federal eign Intelligence Surveillance Act, dence is before they have a significant courts on habeas corpus. This was a which purports to be exclusive. But if penalty which might include the death contested issue under the Detainee there is constitutional authority under penalty. Treatment Act, but we have seen that Article 2, that constitutional authority We have a Confidential Information the only real firm guidance has come trumps the act. The only way there can Protection Act which sets the guide- from the Supreme Court of the United be a determination on that is to have a lines that I think ought to be applica- States. court weigh the seriousness of the ble here. The consequence is, if you In three cases regarding detainees threat as opposed to the invasion on cannot produce the evidence for the de- from June of 2005, Jose Padilla, Hamdi, privacy. fendant to hear, the case may have to and the Hamdan v. Rumsfeld decision, This legislation, S. 2453, does not au- be dismissed. But that will not preju- the Congress has been unwilling or un- thorize the President’s program, con- dice the government here because these able to act. I introduced legislation for trary to the assertions of many people. individuals can be detained as enemy military commissions shortly after What it does is subject the President’s combatants for an indefinite period of September 11 as did other Senators. We program to judicial review. It does not time. didn’t act. We punted to the Supreme mandate review because, understand- So we will not disclose sources and Court. ably, the President does not want to methods; we will not release anybody; These issues, regrettably, experience curtail his institutional authority. we may not convict them if we can’t has shown, are just too hot to handle What I have sought to accomplish is produce the evidence, but they will be by the Congress. The Supreme Court of to have this program reviewed; and the detained and not present a threat. the United States under the rule of law President has made a commitment, There is an issue raised as to coerced has enforced compliance of detainees, confirmed by the White House, that confessions. I do not believe that we and now compliance for those who are this program will be submitted for ju- can tolerate that and be consistent to be tried for war crimes under the dicial review. with United States law or consistent Geneva Conventions’ terms as well as There has been a contention raised with the Geneva Conventions. Coerced under title 18. that there is an inconsistency between confessions are unfair and they are un- It is simply insufficient to limit the Senator FEINSTEIN’s bill, S. 3001, and reliable. great rift which seems embodied in our my bill, S. 2453, and it is not true. The With respect to Common Article 3, habeas corpus statute. provision in Senator FEINSTEIN’s bill the Judiciary Committee has sub- I have had some discussion with Sen- says that the FISA is the exclusive mitted for consideration and inclusion ator LEVIN, who is on the floor at the means for wiretapping. That is true, in the legislation being considered by present time, about offering an amend- unless the statute is superseded by a the Armed Services Committee amend- ment if in fact the bill comes from the constitutional provision. ments to section 303 on war crimes. Armed Services cutting out habeas cor- My bill, S. 2453, says that nothing in I ask unanimous consent that they be pus. the act limits the President’s constitu- printed in the RECORD at the conclu- It is my hope that we can move rea- tional authority, because a statute sion of my statement. sonably promptly to S. 2453 so that cannot limit the President’s constitu- The PRESIDING OFFICER. Without there may be set in motion the proce- tional authority. objection, it is so ordered. dures to have the Federal courts rule We will be moving ahead, I hope (See exhibit 1.) on the constitutionality of the Presi- shortly, with the leader calling the bill Mr. SPECTER. Mr. President, with dent’s electronic surveillance program. to the floor so that we can make a de- respect to the controversy about It would be highly desirable to bring termination on judicial review to see whether there ought to be included the the entire program under the Foreign to it that whatever wiretapping is provisions of the Detainee Treatment Intelligence Surveillance Act. There going on is judicially approved. It may Act, I believe that they should be be- are provisions in Senator FEINSTEIN’s be that some cases will come up collat- cause they further delineate what bill, S. 3001, which I have cosponsored, erally. There are a number of cases in would constitute a violation of Com- that I believe would enable us to bring district courts. The one in Portland mon Article 3. But I do not believe individual live warrants for causes may have standing. I do not propose, in they ought to be exclusive or foreclose which originated in the United States my legislation, to strip any court of ju- other considerations under Common and go overseas. risdiction where a case has been start- Article 3. In addition to the specifica- I have been advised that the calls ed and has proceeded. I think, in the tion of the crimes under the War which originate overseas are so numer- course of business, the matters ought Crimes Act, which I have submitted, it ous that it is not possible to have indi- to be referred to the FISA court, but would be useful to have the provisions vidual live warrants. So that under not for any jurisdiction stripping of the Detainee Treatment Act in- these circumstances the most that can where courts have proceeded. cluded, which are the fifth amendment, be accomplished is to have the program With respect to the activities of the the eighth amendment and the 14th submitted to the Foreign Intelligence Congress seeking to comply with the amendment, where there has been con- Surveillance Court. ruling of the Supreme Court of the siderable judicial interpretation as to In one of the four hearings on this United States in Hamdan v. Rumsfeld, what are prohibited acts. bill, four former judges of the FISA the primary responsibility goes to the General Hayden, Director of the CIA, Court appeared and testified and com- Armed Services Committee. The Judi- thinks that is necessary in order to be mented that the bill was practical, ciary Committee does have jurisdiction able to give comprehensive advice. that there was sufficient standing, that because title 18 of the Criminal Code is I personally do not know that the in- there were litigable issues and that the implicated and we have jurisdiction terrogation has to go beyond what is in Foreign Intelligence Surveillance over the interpretation of the Geneva the Army Field Manual. In a visit to Court can handle it. They can handle it Conventions. Guantanamo, the chief interrogator as a matter of expertise because of There have been a number of con- handling some 32 interrogators and their extensive experience, and they troversial issues raised on which I thousands of interrogations thinks can handle it because their proceedings would like to comment. One provision that the Army Field Manual is suffi- are closed so that there is not a public relates to classified information. It is cient. It may or may not be. The CIA disclosure of state secrets.

VerDate Aug 31 2005 01:18 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G14SE6.025 S14SEPT1 jcorcoran on PRODPC62 with SENATE S9588 CONGRESSIONAL RECORD — SENATE September 14, 2006 It may be, as I said very briefly ear- medical or dental purpose, shall be guilty of CHAPTER 3—JUDICIAL REVIEW; MIS- lier, that one of the cases coming out a violation of this subsection. The intent re- CELLANEOUS. SEC. 301. JUDICIAL RE- of Federal courts—there has been a de- quired for this offense precludes its applica- VIEW. cision from Detroit, and there is a case bility with regard to collateral damage or to COMBATANT STATUS REVIEW TRIBUNALS.— death, damage, or injury incident to a lawful pending in San Francisco—my review The United States Court of Appeals for the attack. Armed Forces shall, with the United States of those cases suggests to me that the ‘‘(6) INTENTIONALLY CAUSING GREAT SUF- Supreme Court upon a petition for certio- case which is coming out of Portland I FERING OR SERIOUS INJURY.—Any person who rari, have exclusive jurisdiction to deter- think would have standing. intentionally causes, or conspires or at- mine the validity of any final decision of a The PRESIDING OFFICER. The Sen- tempts to cause, serious bodily injury to one Combatant Status Review Tribunal. The ator’s time has expired. or more persons taking no active part in the scope of such review is defined in section Mr. SPECTER. Mr. President, I hostilities, including those placed out of ac- 1005(e)(2) of the Detainee Treatment Act of thank the distinguished chairperson of tive combat by sickness, wounds, detention, 2005. If the Court grants a detainee’s petition the Homeland Security Committee for or any other cause, shall be guilty of a viola- for review, the Department of Defense may conduct a new Combatant Status Review yielding me the time. I yield the floor. tion of this subsection. The intent required for this offense precludes its applicability Tribunal. EXHIBIT 1 with regard to collateral damage or to death, (1) MILITARY COMMISSION.—Review shall be SEC. 303. WAR CRIMES ACT AMENDMENT. damage, or injury incident to a lawful at- had only of final judgments of military com- Section 2441 of title 18, United States Code tack. ‘Serious bodily injury’ has the meaning missions as provided for pursuant to section is amended by replacing subsection (c)(3) provided in 18 U.S.C. 113(b)(2). 247 of the Military Commissions Act of 2006. with the following: ‘‘(6) RAPE.—Any person who forcibly or The PRESIDING OFFICER. Under ‘‘(3) which constitutes any of the following with coercion or threat of force wrongfully the previous order, the Senator from serious violations of common Article 3 of the invades, or conspires or attempts to invade, Montana is recognized for 10 minutes. international conventions signed at Geneva the body of a person by penetrating, however EXTENDERS PACKAGE 12 August 1949, when committed in the con- slightly, the anal or genital opening of the Mr. BAUCUS. Mr. President, yester- text of and in association with an armed con- victim with any part of the body of the ac- flict not of an international character: cused or with any foreign object shall be day I tried to get the Senate to pass a ‘‘(1) TORTURE.—Any person who commits, guilty of a violation of this subsection. bill extending the 2005 expired tax pro- or conspires or attempts to commit, an act ‘‘(7) SEXUAL ASSAULT OR ABUSE.—Any per- visions, what we call the extenders specifically intended to inflict severe phys- son who forcibly or with coercion or threat package. The majority leader objected ical or mental pain or suffering (other than of force engages, or conspires or attempts to at that time and stated that it was his pain or suffering incidental to lawful sanc- engage, in sexual contact with one or more desire that the extenders continue to tions) upon another person within his cus- persons, or causes, or conspires or attempts be part of the so-called ‘‘trifecta’’ tody or physical control for the purpose of to cause, one or more persons to engage in package, married with estate tax relief obtaining information or a confession, pun- sexual contact, shall be guilty of a violation ishment, intimidation, coercion, or any rea- and a minimum wage increase. I told of this subsection. For purposes of this of- him yesterday of my concern that son based on discrimination of any kind, fense, ‘sexual contact’ has the meaning pro- shall be guilty of a violation of this sub- vided in 18 U.S.C. 2246(3). Sexual assault or since that strategy has already failed a section. ‘Severe mental pain or suffering’ has abuse may also include, but is not limited to number of times, and I don’t think the meaning provided in 18 U.S.C. 2340(2). forcing any person to engage in simulated there is much hope of any change, and ‘‘(2) CRUEL OR INHUMAN TREATMENT.—Any sexual acts or to pose in an overtly sexual it is time to let the popular tax extend- person who commits, or conspires or at- manner. ers package pass. tempts to commit, an act intended to inflict AKING HOSTAGES I want to take the leader at his word severe physical or mental pain or suffering ‘‘(8) T .—Any person who, (other than pain or suffering incidental to having knowingly seized or detained one or that there is hope for change. But I lawful sanctions), including severe physical more persons, threatens to kill, injure, or also read comments yesterday by one abuse, upon another person within his cus- continue to detain such person or persons of our Senate colleagues tasked by the tody or physical control shall be guilty of a with the intent of compelling any nation, majority leader to try to find a solu- violation of this subsection. ‘Severe mental person other than the hostage, or group of persons to act or refrain from acting as an tion to all of this, and that Member of pain or suffering’ has the meaning provided that so-called task force is quoted as in 18 U.S.C. 2340(2). explicit or implicit condition for the safety or release of such person or persons, shall be saying, ‘‘My counsel is to do it in the ‘‘(3) PERFORMING BIOLOGICAL EXPERI- guilty of a violation of this subsection. This lame duck session.’’ MENTS.—Any person who subjects, or con- spires or attempts to subject, one or more provision shall not apply to prisoner ex- I very much oppose that. I don’t persons within his custody or physical con- changes during wartime. Any person who at- think it makes any sense to push all of trol to biological experiments without a le- tempts to engage or conspires to engage in this in a lame duck. Let me tell you gitimate medical purpose and in so doing en- this offense shall also be guilty under this why. dangers the body or health of such person or subsection;’’ Last week, I asked the IRS Commis- persons shall be guilty of a violation of this Section 2441 of title 18, United States Code sioner at a hearing of the Finance subsection. is amended by replacing the period at the Committee what the drop-dead date ‘‘(4) MURDER.—Any person who inten- end of subsection (c)(4) and adding the fol- lowing new subsections: was for tax extenders. By drop-dead tionally kills, or conspires or attempts to date, I mean what is the latest date by kill, or kills whether intentionally or unin- ‘‘(5) involving ‘genocide’ as defined in title tentionally in the course of committing any 18, United States Code, section 1091; which the IRS can receive changes to other offense under this section, one or more ‘‘(6) involving ‘sabotage’ as defined in title tax law and still have time to print and persons taking no active part in the hos- 18, United States Code, section 2151 et seq.; distribute tax forms for the 2006 tax tilities, including those placed out of active or year. He told me October 15. That is combat by sickness, wounds, detention, or ‘‘(7) involving forced oaths, conversions, or the drop-dead date. Clearly, that is any other cause, shall be guilty of a viola- renouncements of one’s allegiance to a na- after the recess and that is why this tion of this subsection. The intent required tion or religion. strategy makes no sense. for this offense precludes its applicability It makes no sense because after that with regard to collateral damage or to death, Section 2441 of title 18, United States Code damage, or injury incident to a lawful at- is amended in subsection (a) by adding ‘‘at- date, it is very difficult for the IRS to tack. tempts to commit a war crime, or conspires print up the forms and, more than that, to commit a war crime,’’ after ‘‘commits a ‘‘(5) MUTILATION OR MAIMING.—Any person a lot of mistakes will be made. who intentionally injures, or conspires or at- war crime.’’ Yesterday, I joined my good friend, tempts to injure, or injures whether inten- Section 2441 of title 18, United States Code the chairman of the Finance Com- tionally or unintentionally in the course of is amended by adding the following sentence mittee, in releasing an analysis of just committing any other offense under this sec- at the end of subsection (b): how the IRS will deal with all of these tion, one or more persons taking no active The circumstances referred to in sub- changes. Let me tell you what they part in the hostilities, including those placed section (a) shall also include unprovoked at- concluded. out of active combat by sickness, wounds, tacks on American citizens on domestic or Senator GRASSLEY said upon releas- detention, or any other cause, by disfiguring foreign soil by any private army, terrorist the person or persons by any mutilation organization, or other ideological combina- ing this analysis that, ‘‘A delay of leg- thereof or by permanently disabling any tion or alliance where such an attack would islative action beyond the anticipated member, limb, or organ of his body, or burn- otherwise be considered a war crime if com- recess date of September 29 will cause ing any individual without any legitimate mitted by a nation state or military force. hardship, tax compliance problems, and

VerDate Aug 31 2005 01:18 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G14SE6.026 S14SEPT1 jcorcoran on PRODPC62 with SENATE September 14, 2006 CONGRESSIONAL RECORD — SENATE S9589 confusion for the millions of taxpayers tinuing the research and development These businesses have not been able, who claim these widely-applicable tax tax credit, teachers deduction, tuition is that correct, to realize that tool and benefits.’’ deduction, and sales tax deduction. use that tax deduction for at least the It is just a mess that we need not School started just a short while ago. first three quarters of this year? cause. There are teachers who go to Wal-Mart Mr. BAUCUS. That is right, at a time I also add that Senator GRASSLEY’s to get supplies for their classroom be- when other countries give very gen- counterpart in the House, the chair- cause the school district is not pro- erous assistance to their companies in man of Ways and Means Committee, viding enough to them. We should be developing research and development said, ‘‘My job is to be responsible to giving them a tax deduction. School so those countries can compete in the the taxpayers, not a bureaucracy to started and we are not giving it to global economy. make its job easier.’’ them anymore. It makes no sense. It is Mrs. LINCOLN. Once again, I applaud I might also add that we are here to wrong. It shows the competency of this Senator BAUCUS’s leadership and his te- get the extenders passed for the tax- Congress in doing its business is now nacity to come out and say we have a payers, to help taxpayers because tax- very much in question. limited amount of time left. payers need this relief. Mrs. LINCOLN. Will the Senator We have businesses out there that The chairman of the Finance Com- yield? want to grow, that need the tools to mittee went on to say that, ‘‘The fail- Mr. BAUCUS. I am happy to yield. grow. Yet these issues, things that we ure to extend expired tax cuts will at Mrs. LINCOLN. Mr. President, I com- do every year to put into the toolboxes best cause administrative snafus for pliment and applaud the leadership of of our business, corporate America, our the IRS and at worst cause taxpayers Senator BAUCUS in working to get the teachers, and others to be able to do to miss out on the tax benefits they are retired tax incentives renewed. the incredible things that make Amer- Did I hear the Senator correctly, the entitled to.’’ ica great. Yet we are just sitting here. welfare-to-work and work opportunity This is a taxpayer problem—one that We are not doing it. They are being tax credits expired at the end of 2005? we should address now before we re- held hostage because we want to put cess. Is it true that these credits have ex- pired and we in Washington have yet to all these eggs into one basket. I would also like to point out some- I have been very outspoken about my thing else which I think is important. renew them, and 20,000 businesses have not been able to use this important support for the estate tax reform, but A resolution was passed yesterday by there is no reason these extenders the House Republican Study Com- tool? We are here to provide tools to busi- should be held hostage to all of these mittee. They surveyed their members, nesses to grow the economy, to grow other things that people want to crowd and developed a list of five priorities. the jobs. I know the good Senator from into one basket. One of these priorities adopted by the Montana traveled his State, as I did in The bottom line is, by failing to 110-member group in the House Repub- Arkansas, in August. People are con- renew these incentives, as Senator lican Study Committee was to ‘‘pass a cerned about the economy. They are BAUCUS has said, for responsible behav- clean tax cut extenders bill.’’ concerned about their jobs. ior such as savings and getting a col- I would guess that group would be in- We are talking 20,000 businesses? Did lege education, we are raising the taxes vested as much anyone else in passing I hear the Senator correctly? on many of our hard-working American the so-called trifecta bill, but even the Mr. BAUCUS. The Senator is correct. families this year. 110 members in the other body have de- That is the number that use this work I applaud the Senator and I appre- cided it is time to move on and pass opportunity tax credit. We are trying ciate and am grateful for the leader- the extenders. to employ people. People are trying to ship. There are more than 3 million teach- get to work. Mr. BAUCUS. And the answer to the ers who have been buying classroom Mrs. LINCOLN. That is amazing. The Senator’s implied question is, yes, all supplies who are waiting for their de- objective is to get people off welfare, of that will occur if we do not get this duction to be restored. There are more get them independent and into the passed. That is correct. than 12 million families in States with jobs. I see another colleague on the Senate sales taxes, including many in the lead- I think I heard the Senator correctly, floor who may have a question to ask. er’s home State of Tennessee, hoping as well, because we failed to renew the The PRESIDING OFFICER. The time they can deduct those sales taxes, just teacher expense deductions, more than of the Senator has expired. like families in income tax States. And 3 million schoolteachers nationwide— Mr. BAUCUS. I ask unanimous con- there are more than 20,000 businesses and there are a tremendous amount of sent to proceed for 2 additional min- hoping for this worker credit, that Arkansas schoolteachers who give out utes. have hired the hard-to-employ workers of their own pockets to bring those Ms. COLLINS. Mr. President, I am who have been on long-term public as- supplies in their classrooms—those compelled to object because we have sistance, people who simply want to teachers are going to be paying higher another Senator coming over shortly get back into the workplace, and need taxes this year if we don’t act now? for an amendment. I have promised the a boost from the work opportunity Mr. BAUCUS. If we do not enact this Senator from Nebraska and the Sen- credit. Those taxpayers are hoping the legislation and make it retroactive ator from Montana that they would Senate gets this passed. this year. have a few minutes to talk about their Just this morning I received a letter Mrs. LINCOLN. Mr. President, we amendment. signed by more than 600 American com- have had numerous opportunities to Mr. BAUCUS. I say to my good panies and 164 trade associations rep- renew important tax incentives. Ear- friend, we are talking about 2 minutes. resenting thousands of small, medium, lier this year we had an opportunity in Ms. COLLINS. It will come out of the and large companies employing high- the tax reconciliation. The priority time of the Senator from Nebraska be- tech workers in research. They urged was to deal with tax cuts that had not cause we have the Senator from New us to end this ‘‘cloud of uncertainty.’’ even expired or were not going to ex- York coming at 12:45 for his amend- They are very concerned we are not pire—the dividend deduction and the ment. I have no objection with that un- going to pass this in time. capital gains. derstanding—that it will come out of As I have said a couple of times, With tax cuts that have expired, the time of the Senator from Nebraska. there are companies that have to re- businesses are not going to be able to Mr. BAUCUS. Mr. President, I think state their financials because of take advantage of work opportunity the Senator has a question to ask. Congress’s failure to pass these tax in- tax credits, in research and develop- The PRESIDING OFFICER. Without centives which expired last year. It has ment. We know we are falling behind in objection, it is so ordered. not been the law for about 9 months, stem cell research. We have businesses Mr. BAUCUS. I thank my colleague. and they have to start restating their that want to make those investments Mr. NELSON of Nebraska. Mr. Presi- earnings on financial reports because in research and development and be the dent, I thank the chairman of the com- of Congress’s ineptitude, Congress’s in- best they can be in the global market- mittee and appreciate very much his competence in not passing and con- place. leadership.

VerDate Aug 31 2005 01:18 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G14SE6.027 S14SEPT1 jcorcoran on PRODPC62 with SENATE S9590 CONGRESSIONAL RECORD — SENATE September 14, 2006 I rise to state I support what Senator tinue this exercise, passing an emer- They say: We are not ready. Let’s do BAUCUS has proposed. It affects a num- gency disaster package for agriculture a pilot. Let’s study it. Let’s improve ber of Nebraska teachers, Nebraska before we go home. I appreciate him al- the technology. families. I appreciate what the Senator lowing me some time. My colleagues, what has changed is doing. I pass along to the Senate and Mon- with me is that I visited the Hong Mr. BAUCUS. Mr. President, I ask tanans we are having a drought. In Kong Port run by Hutchison Whampoa unanimous consent that Senators DUR- fact, our water is only testing 85 per- last April, along with the Presiding Of- BIN, WYDEN, BIDEN, LAUTENBERG, NEL- cent moisture. ficer. And we saw it working in two SON of Nebraska, CONRAD, SARBANES, I thank the Senator. lines. Trucks went through—it did not LEAHY, and BYRD be made cosponsors Ms. COLLINS. Mr. President, I do ob- hold them up—and they were inspected of my amendments Nos. 5003 and 5004. ject to the request of the Senator from for nuclear weapons in a system that Ms. COLLINS. I do not object. Nebraska. everyone who has looked at it says Mr. BAUCUS. Now I proceed—— The PRESIDING OFFICER. The ob- works. Ms. COLLINS. To the objectionable jection is heard. So what are we waiting for? The cost part. Ms. COLLINS. I am very sympathetic is not large. It is estimated, once it is Mr. BAUCUS. On the part of some. to the concerns of both Senators but, up and running, the cost would be UNANIMOUS-CONSENT REQUEST—H.R. 4096 unfortunately, this does not belong on about $8 a container. Yet it costs $2,000 Mr. President, I ask unanimous con- the port security bill. to move a container from Hong Kong sent that the Senate proceed to Cal- Mr. President, I ask unanimous con- to the West Coast. It works. The cost is endar No. 326, H.R. 4096; that the Sen- sent it be in order to make the fol- reasonable. We are not asking the Fed- ate adopt my amendments Nos. 5003 lowing point of order, en bloc. I make eral Government to pay for it. In a and 5004, which is the agreed-upon tax a point of order that the following competitive container world, it prob- extenders package, the bill be read the amendments are not germane ably will not even be passed on. That third time and passed, the motion to postcloture: amendment No. 4967, of- minimal .2 percent addition to the cost reconsider be laid upon the table, the fered by Senator STABENOW; amend- of a container will probably not be Senate return to the port security ment No. 4957, offered by Senator CLIN- added on. bill—which is not objected to—and all TON; amendment No. 4943, offered by So now is the time, my colleagues. this occur without intervening action. Senator CLINTON; and amendment No. We can have another excuse and wait Ms. COLLINS. Mr. President, on be- 4958, offered by Senator CLINTON. another year and do another pilot, half of the leader, I object. The leader The PRESIDING OFFICER. The Sen- work more on the security and on the objected yesterday. This is the same ator is correct, the point of order is technology, or we can implement issue. He has asked I make this objec- sustained, and the amendments fall, en something now. The Homeland Secu- tion known. bloc. The PRESIDING OFFICER. The ob- rity Department, in my opinion, is der- Ms. COLLINS. Mr. President, I fur- elict in this responsibility. They have jection is heard. ther make a point of order that amend- Ms. COLLINS. Mr. President, at this dithered and dallied. Every time we ment No. 4945, offered by the Senator point I suggest time be yielded to the have offered amendments to put an from Nebraska, as modified, is also not Senator from Nebraska and the Sen- adequate amount of money in to fund germane postcloture. ator from Montana to briefly discuss a this, it has been cut by this body and The PRESIDING OFFICER. The pending amendment of the Senator by the other body. point of order is sustained. from Nebraska. The frustration, when we know we Ms. COLLINS. Mr. President, thank can really protect the people of this AMENDMENT NO. 4945 you. The PRESIDING OFFICER. The Sen- country and we let special interests, we The PRESIDING OFFICER. The Sen- let the fact that we need money for ator from Nebraska. ator from New York. Mr. NELSON of Nebraska. Mr. Presi- something else—although I do not dent, I appreciate the distinguished AMENDMENT NO. 4930, AS MODIFIED know what else is more important— chairman from Maine. I ask my col- Mr. SCHUMER. Mr. President, I rise stand in our way. It is a monument to in support of an amendment that is leagues, Senators BURNS and CRAIG, why people are frustrated with Wash- pending. It will be voted on at 3:30, as who join with me—Senator BURNS is ington. here—I ask unanimous consent that I understand. Again, you and I have seen it, I say my amendment No. 4945 be in order The amendment is very simple. It to the Presiding Officer. We have seen notwithstanding rule XXII. I know mandates—no test study, no pilot—it this technology at work. Hutchison there will be an objection to it, but I mandates we inspect all cargo that Whampoa stands by it. Their leader comes here for nuclear weapons within was so frustrated that he implemented also know that Senator BURNS would like to speak to it if possible, before 4 years. it himself in Hong Kong. And everyone I have offered this amendment, the objection is entered. who has studied it says it works. Would The PRESIDING OFFICER. The Sen- frankly, out of frustration. This is it take a little while for all these for- ator from Maine. something that can be done. This is eign ports, the 40 ports of the CSI, to Ms. COLLINS. Mr. President, a point something that is being done. This is set this up? Yes, but not very long. And of order does lie against this amend- something where the technology is when you compare this to the danger ment because it is not germane working. Yet we refuse to move for- we face, all of the arguments against postcloture. ward. mandating that our containers be in- Prior to objecting to the Senator’s I come from New York. Obviously, we spected for nuclear weapons fade away. unanimous consent request, I am lived through September 11. However, I Mr. President, I salute my colleagues happy to withhold so that the Senator stay up at night sometimes worried who have offered other amendments. I from Montana may address this issue. about the worst tragedy that could be- salute my colleagues who have worked The PRESIDING OFFICER. The Sen- fall us. There is nothing worse, in my on the bill. It is a good step forward. ator from Montana. opinion—and there are a parade of But there is a glaring deficiency. We Mr. BURNS. Mr. President, I am very ‘‘horribles’’ with the terrorists—than a need a mandate. We have been patient supportive of the Senator from Ne- nuclear weapon exploding in America. long enough. It works. It can protect braska on this issue. I wish we could It would change our lives so dramati- us. It is not expensive. What are we have gotten a vote and not have to deal cally for so long for those who survive. waiting for? with a point of order. I don’t think the If we were ever going to focus on a sin- I urge my colleagues, I hope, I pray fires we have had in Montana and the gle issue, this should be it. we can have a broad bipartisan major- dry weather we have had in Montana But for 4 years I have come to the ity for this amendment because—com- yield to a point of order. We do have Senate—my good friend from Min- ing from New York, I feel this keenly— people hurting. nesota has done very good work on we do not want to be in the ‘‘what if’’ I appreciate the work done by the this, my colleague from Maine has, my situation. God forbid, the worst has Senator from Nebraska. We will con- colleague from Washington has. happened, a nuclear weapon has been

VerDate Aug 31 2005 03:26 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G14SE6.029 S14SEPT1 jcorcoran on PRODPC62 with SENATE September 14, 2006 CONGRESSIONAL RECORD — SENATE S9591 smuggled in on a container and ex- It was fascinating; I was reading an to put in place a pragmatic, realistic ploded on our shores. We do not want editorial in the New York Times and action-oriented way in which we can to be in a situation where we say: What was somewhat taken aback. I am try- move to 100 percent screening. We put if What if we had done more. Because ing to understand the motivation for in place a pilot project to make sure clearly, as of now, we are not doing moving forward with this amendment. what we are doing works and it makes enough. This is what I call a wave-the-magic- sense. I yield back. wand amendment, that we are going to We will spend, by the way, billions on The PRESIDING OFFICER. The Sen- tell people we are mandating some- this, not in the cost of the cargo but in ator from Minnesota. thing we have already got on the table setting these scanning systems up in Mr. COLEMAN. Mr. President, I in front of us, something to test wheth- the, what, over 700 ports throughout share the deep concerns of my friend, er it works. That is what we should be the world. And 147 are major ports. We high school classmate, colleague from doing. are going to be spending a lot of money New York, where I grew up, about the I think, by the way, people in this on this, but the issue is not money, it danger of a nuclear weapon, the danger country are frustrated with Wash- is doing it right. Let us step away from of a weapon of mass destruction being ington when we promise things or slo- the sloganeering. smuggled into this country in 1 of 11 ganeer about something as important I am going to say this as to the idea million containers. We have, no doubt, as this issue and somehow project the the same vision. We want America safe. of something being half-baked. If you sense we are doing something when we put something in the oven and it is That is what we have been doing are not doing anything, when there is here. That is what the work of the Sen- going to be really tasty when it is already action in place—action, ac- ator from Maine and the Senator from done, it is going to be really delicious, tion—a pilot project and then a man- Washington is about and what we have that is something fully baked. And you date that the Department, in 120 days, put forth in the underlying bill that make sure it is baked in a way so when tells us: OK, what are the results. Show will change. you eat it, you do not get sick. Half- By the way, there were a lot of things us how you have integrated this sys- baked is when you get something in in homeland security that I was frus- tem which is now working in two lanes the end that is the right thing—we be- trated with. in Hong Kong—not integrated into lieve, in the end, each and every con- We spent 3 years, the Permanent anything in our operation—show us tainer will be screened. Committee on Investigations spent 3 that it works, and then requiring the Right now, we have in place the years on this issue, studying it, holding Secretary of Homeland Security, every screening of high risk. It is in this bill. hearings. I encourage my colleague 6 months, to come back to Congress Right now, we have the Department from New York to go to Hong Kong to and report on the status of 100 percent saying, before our Homeland Security take a look. My colleague and the Pre- scanning, with specific criteria laid Committee, by the end of next year, sider Officer went to Hong Kong and out. That is good government. That is each and every container will be took a look at the system that is oper- good policy. In the end, I hope it is screened for a radiologic or nuclear ating on 2 lanes out of 40 to see what good politics. weapon—by next year. But it will be we could do to put in place a system I worry that this is about politics. done in our country. The goal is to that would scan each and every con- There was an editorial, I have to say, have it pushed out, to have that tainer that goes through. It is a won- in the New York Times, I believe screening done before it gets here. We derful system. today, and I was somewhat taken do not need a half-baked way, a What we need is action. That is what aback. It criticized Secretary Chertoff. sloganeering way, and to simply say we we did yesterday. We got action. We That is OK. The Times can do that. I are going to mandate something in the have in this bill a pilot project that have criticized him on a number of oc- future, without any path to get there. will put in place, in mandates, in direc- casions. But then the editorial talks We have the path. We have done it tives, not a mandate of what is going about this issue of 100 percent scanning right. I hope my colleagues reject the to happen in 2008 and 2010, not playing and then raised this issue of the cost of Schumer amendment and stick with into the sloganeering of ‘‘scan every scanning—it is a small surcharge—and what we did yesterday because it really container,’’ but the reality of action then it goes on to say: When it comes makes sense. today to immediately put in place a to homeland security, the Bush admin- With that, Mr. President, I yield the pilot project to see if we can make it istration has completely allowed cor- floor. work in a wider, more systematic way. porate profits to trump safety—as if The PRESIDING OFFICER. The Sen- I am taken aback when I hear my somehow, because the cost of this is $20 ator from Maine. colleague talk about ‘‘we do not need per container, that is why we are not any pilot projects’’ and ‘‘we do not moving forward mandating it today. Ms. COLLINS. Mr. President, I thank need any test study.’’ We have a sys- I want to step back. The way I be- the Senator from Minnesota for his tem in place in Hong Kong now that is came aware of the Hong Kong project leadership on this issue and for his ex- 2 lanes out of 40. It is a wonderful sys- was because of the private sector that cellent comments. This issue was de- tem. What happens is—I call it kind of said: Senator, you have to see this. We bated at length yesterday, so I am a moving CAT scan—trucks come in are willing to pay it. The cost is not an going to make my comments very and they kind of go through this de- issue. The private sector is willing to brief. vice, ISIS device, and it takes a scan of pay $20 a container to ensure security. I do oppose Senator SCHUMER’s what is inside the truck. It has a radi- God forbid there is a nuclear device amendment. I do not think it is prac- ation portal monitor, so you end up that goes off, we shut down the entire tical at this point to require 100 per- getting images. I have watched the im- import of goods into this country, and cent scanning of 11 million containers ages. Hong Kong is a CSI—Container we devastate our economy. So this is coming into this country. And it ig- Security Initiative—port, so I have not a money issue from the private nores the very real improvements that worked with our folks there. But when side. This is maybe the old ex-mayor in are included in the underlying bill. a radiation alarm goes off in Hong me saying: This is kind of the practi- I am disappointed to hear the Sen- Kong, our folks do not have the capac- cality of making sure we have some- ator from New York describe our bill as ity to inspect it. There is no followup thing that works. yet another study or yet another pilot from us. The images that are received The Washington Post, in an editorial project. It is way more than that. It are not processed by the folks in Lang- in June, said it very clearly: has a layered security system that ley or somewhere else. They are not co- ‘‘[I]nspect 100 percent of containers’’ is a greatly strengthens the Container Se- ordinated with what we do on national slogan, not a solution, and we hope law- curity Initiative, the C–TPAT Pro- security. So you have in place a con- makers resist the temptation to use it in the gram, the automated targeting system. cept where we have to see whether it election season to come. And it includes the provisions we added works. That is what we should be The election season is upon us. It is yesterday at the behest of the Senator doing: action. That is what this is getting very close. This body, yester- from Minnesota that will help us move about. day, moved forth with an amendment toward 100 percent scanning when it is

VerDate Aug 31 2005 01:18 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G14SE6.030 S14SEPT1 jcorcoran on PRODPC62 with SENATE S9592 CONGRESSIONAL RECORD — SENATE September 14, 2006 feasible and practical, when the tech- The proposal would effectively end Cus- analyze the image. If you do that with nology is there and able to be in an in- toms’ Trade Partnership Against Terrorism even the completely low-risk cargo, tegrated system. (C-TPAT), without so much as a hearing on and you think of the fact that we have It also ignores the fact that our bill the issue. This amendment rejects the stra- 11 million containers coming into this tegic concept that there is low risk cargo includes a mandate—a mandate, I that does not require inspection, and in country, you are diverting resources would say to the Senator from New doing so, it rejects many U.S. and inter- away from inspections of high-risk York—that the Department of Home- national governmental efforts to create pro- cargo. It would create a massive back- land Security has to install radio- grams that reward supply chain participants log of cargo at our ports. logical monitors in the 22 busiest ports for enhancing the security of their supply Now, as I have indicated, the tech- by the end of next year, which will re- chains by inspecting their cargo less fre- nology is improving. I am glad the Sen- sult in 98 percent of all cargo being quently. The proposal also undermines the ator from Minnesota set the record screened for radiation, and addresses Container Security Initiative (CSI), as CSI is straight on what is and what isn’t an international cooperative program pursu- the issue the Senator has raised about ant to which other governments have agreed being done in Hong Kong at this time, a nuclear bomb or the makings of a to work with the U.S. government to review where only two lanes are being scanned dirty bomb. and inspect containers that are determined and the images are not being read and So this bill does a great deal. I must to present a security risk, not to inspect integrated into a security system. But say, it disappoints me to hear the Sen- every container. we are going to keep improving the ator imply that it does not, even Lastly, the proposal will harm American technology. We have a requirement though we disagree on this one par- exporters. The U.S. applies virtually no radi- that the Secretary report on this issue ation screening and no inspection to its ex- to us every 6 months after the pilot ticular issue. This has been a bipar- ports. The amendment proposes that the rest tisan bill. Senator MURRAY has worked of the world must subject their exports to project in three foreign ports—after we very hard on it, as well as many of the processes and procedures that the U.S. does have the results. rest of us. not apply to its own commerce. Congress So we are moving in that direction, But let me sum up the problems by should expect the United States’ trading but let’s do so in a practical, effective, reading from a recent letter from the partners to consider imposing reciprocal re- efficient way. That is what the under- World Shipping Council because I quirements on U.S. cargo should these pro- lying bill does, particularly as posals be enacted. strengthened by the Coleman-Collins- think it really says it best. I ask unan- The SAFE Port Act established a rational imous consent that the letter be print- and deliberative process to study and evalu- Stevens amendment. ed in the RECORD. ate the deployment of such container inspec- Mr. President, we have tried very There being no objection, the mate- tion technology abroad and all the relevant hard in this bill to make sure that we rial was ordered to be printed in the implementation issues associated with such strike the right balance and put into RECORD, as follows: systems. Senate legislation that mirrors this place a security regime that is going to approach is the correct way to address this WORLD SHIPPING COUNCIL, make our ports and our people safer. important issue. September 7, 2006. But we have done it without hampering In conclusion, we look forward to working Hon. SUSAN M. COLLINS, the vital trade that manufacturers, re- with you on the important issues of cargo Chairman, Senate Committee on Homeland Se- and port security. And, we request that you tailers, and farmers in this Nation de- curity & Government Affairs, U.S. Senate, oppose any 100% container inspection pend upon. I think we struck the right Washington, DC. amendment. balance, and I am going to move to DEAR MADAM CHAIRMAN: We understand Sincerely yours, table the Schumer amendment, with that the Senate is expected to consider CHRISTOPHER L. KOCH, the time of the vote to be determined shortly legislation to enhance cargo and port President & CEO. security. We write to communicate the at a mutually agreed upon time. World Shipping Council’s support for legisla- Ms. COLLINS. The letter reads, in The PRESIDING OFFICER (Mr. tion that will enhance the security of both part, as follows: VITTER). The Senator from New York is American ports and the international supply One-hundred percent container inspection recognized. chain. Previously, the House of Representa- proposals purport to be a cheap and effective Mr. SCHUMER. Mr. President, I want tives passed the SAFE Port Act (H.R. 4954). way to ensure security. They are neither. It to briefly answer my colleagues. Of We hope that the Senate legislation will re- also fails to address fundamentally impor- course, I have tremendous respect for flect in part this House bill, will further tant security questions, it would disrupt what they have done and are trying to strengthen cargo and port security, and will American commerce, and it would cause for- do. It is certainly true that my col- enable this enhanced security legislation to eign retaliation against American exports. become law this year. ... league from Minnesota was the first to During debate on this port security legisla- The proposal would effectively end Cus- talk about the system in Hong Kong. tion, we understand that there may be an toms’ Trade Partnership Against Terrorism I will make two points. First, it is amendment which would propose to require (C-TPAT), without so much as a hearing on true that we will put mandates here in 100% container inspection. Earlier this year, the issue. This amendment rejects the stra- the United States. We have them in the House voted down a similar measure in tegic concept that there is low risk cargo New York in one of our ports. One, it is its debate over the SAFE Port Act. Like the that does not require inspection, and in not close to being as sophisticated, ef- House, we urge you to vote No on any such doing so, it rejects many U.S. and inter- fective, or as speedy as what is done in amendment for the following reasons. national governmental efforts to create pro- One-hundred percent container inspection grams that reward supply chain participants Hong Kong. It is not as good a system. proposals purport to be a cheap and effective for enhancing the security of their supply Second, we don’t have to debate the way to ensure security. They are neither. It chains by inspecting their cargo less fre- technicality of the system. We all also fails to address fundamentally impor- quently. know, as my friend from Minnesota tant security questions, it would disrupt It also undermines the Container Se- said, that we have to push this out- American commerce, and it would cause for- curity Initiative. That is the inter- ward, because if a nuclear weapon is on eign retaliation against American exports. national cooperative program where we a container or a ship in New York Har- American commerce would be ground to a bor that hasn’t docked or been un- halt because there is no practical way to station our inspectors in foreign ports analyze or inspect the scanning images be- and work with the governments that loaded onto a truck and it explodes, fore vessel loading because it is too labor in- host those ports. the same terrible consequences exist tensive and no technology currently exists There are so many arguments for the people of New York, Los Ange- to do the analysis, the proposal faces a di- against this amendment, Mr. Presi- les, Seattle, or anywhere else that has lemma that it clearly fails to address. As- dent. The Washington Post said it very a major port. suming the proponents intend that every well in an editorial earlier this week as I will make one other point. My col- container’s scanning images must be in- well. Most of all, let us remember what leagues argue for patience. My col- spected and approved before vessel loading, the implications are. leagues argue we have to do this in a the costs of compliance and costs of grid- I have visited the port in Seattle and certain way. If this were 1 year after 9/ locked commerce would be enormous. It changes who the government trusts to per- have seen the VACIS machines that do 11, or 2 years after 9/11, I would agree. form container screening without a hearing, the x rays. It took approximately 4 In fact, I did. I wanted to offer amend- a pilot program, or a rational deliberative minutes to do that x ray of the con- ments like this 2, 3, and 4 years ago. process. tainer and then another 15 minutes to But I believe this. I believe nothing

VerDate Aug 31 2005 03:26 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G14SE6.032 S14SEPT1 jcorcoran on PRODPC62 with SENATE September 14, 2006 CONGRESSIONAL RECORD — SENATE S9593 will get homeland security and the We heard in committee the other day In my view, the Administration’s decision shipping industry and the world com- from the Secretary of Homeland Secu- to classify one particular portion of the re- munity to act and get something done rity, saying we can have 100 percent port—a section discussing a CIA document better than a mandate. As long as they screening of all cargo containers for ra- about the alleged meeting in Prague between 9/11 hijacker Mohammed Atta and an Iraqi know they can delay, as long as they diological devices by next year. intelligence officer—is especially troubling can go to DHS and present 10 reasons We are not counseling patience. We and lacking in justification. As you may why this should not be done, DHS, are supporting action and objecting to know, as recently as this Sunday on national which has shown absolutely no enthu- an amendment that offers no increase television, Vice President Cheney left open siasm for doing this, will get nothing in safety. It doesn’t move the ball for- the possibility that such a meeting may have done. ward at all. occurred. However, a bipartisan majority of If this were danger No. 37 on the list, I yield the floor. the Intelligence Committee, after thor- maybe, again, we should not have the Ms. COLLINS. Mr. President, I will oughly reviewing relevant intelligence re- move to table the Schumer amend- ports and assessments, concluded ‘‘no such tough measure—I would say it is meeting occurred.’’ The continued classifica- tough—of imposing this. I assure my ment, with the understanding that the time for a vote will be at a mutually tion of sections referencing this meeting colleagues—we all know how the world only serves to prevent the American public works—a deadline will get DHS, the agreed-upon time. from knowing the full facts about this The PRESIDING OFFICER (Mr. AL- shipping industry, and all of the other matter. EXANDER). The minority leader is rec- players to act and get this done better The classified version of the Intelligence ognized. than any other method. Committee’s report, including the sections Mr. REID. What is the matter before So, again, I salute what my col- dealing with the alleged Atta meeting, are the Senate? leagues have done, and I remind my available for all Senators to review in the The PRESIDING OFFICER. The Committee’s offices in room SH–211. I urge colleague from Maine that I have said pending amendment before the Senate you to join with me to encourage all mem- this is a good bill. In fact, I voted for is the Schumer amendment. bers to review his text so they understand its cloture, despite the urging of some of The Democratic leader is recognized. importance and why that text can and my colleagues, because I think it is a Mr. REID. Mr. President, last Friday should be made available to the American good bill. On the issue of nuclear secu- the Senate Committee on Intelligence people. rity, of inspection of containers for ra- released a bipartisan report that dis- In light of the importance of this issue, I diological material, no one can say also think it is important that the Senate cussed Iraq’s links to terrorism and the act to declassify those portions of the text that we have done a good job—not this use of information provided by the on pages 96, 97, and 98 of the Intelligence Senate, not the House and, most of all, Iraqi National Congress. These reports Committee’s report that are currently re- not this administration and the De- provided the American people with im- dacted but do not involve sources and partment of Homeland Security. portant insights into these critical methods. The time is now to force everybody issues. I plan to offer an amendment on that sub- to act. The danger is too great. I have Unfortunately, the administration ject to the legislation currently pending in offered this amendment after years— chose to redact—that is a word used the Senate. Notwithstanding the procedural not months, not days, but years—of around here meaning to black out—im- situation on the floor, I hope you will join trying all of the other ways to get with me to offer this important amendment, portant portions of these reports that a permit the Senate to act on it, and support homeland security and, frankly, our bipartisan majority of the Intelligence its swift adoption. two bodies to act. So I am grateful to Committee believes could have and While I understand that S. Res. 400 spells my three colleagues, all of whom have should have been released to the Amer- out a process for the Senate to declassify in- done yeomen’s work in this area. But ican people. formation, that process is a lengthy one that we can do more. I suggest to all of my Last night, I handed a letter to the is likely to take us well beyond your an- colleagues here that this amendment distinguished majority leader inform- nounced adjournment date for the U.S. Sen- will get us to do a lot more than any ing him of my intent to offer an ate. Therefore, in light of the importance of amendment to declassify one of these this issue, I think it is appropriate that the other amendment proposed thus far. Senate act expeditiously to declassify this I yield the floor. sections. material. Mr. COLEMAN. Mr. President, I reit- I will, at an appropriate time, ask Sincerely, erate the great respect I have for my unanimous consent that I have the HARRY REID, colleague from New York. He is con- pending amendment set aside to offer U.S. Senate. cerned about this area and he is pas- my amendment. I am not going to do Mr. REID. Mr. President, again, be- sionate about safety. that right now. fore I get to the need for this amend- I want to make it clear that we are I do ask unanimous consent that a ment, let me be clear. This is about not counseling patience. We are not copy of my letter to Senator FRIST be good government. It has nothing to do asking for delay. It is just the opposite. printed in the RECORD. with politics. I notified the distin- There being no objection, the material was What we are doing and what we have guished majority leader of my inten- done and what we did yesterday was ordered to be printed in the RECORD, as fol- lows: tions to speak this afternoon, well in action. What we are objecting to is an advance—not today; I advised him yes- amendment that offers no real increase U.S. SENATE, Washington, DC, September 13, 2006. terday—so the majority leader—indeed, in security. We are objecting to an Hon. WILLIAM H. FRIST, every Member of the Senate—knows amendment that doesn’t do anything, Majority Leader, U.S. Senate, this is not a partisan effort but, rather, doesn’t move the ball forward. It gives Washington, DC. a serious effort to ensure the Senate an opportunity to talk about 100 per- DEAR LEADER FRIST: Late last week the fulfills its responsibilities to the Amer- cent scanning, and it may end up in Senate Select Committee on Intelligence on ican people. some commercial somewhere. I hope ‘‘a bipartisan basis released reports that dis- cussed Iraq’s weapons of mass destruction I sincerely hope that the majority that is not what this is about. leader has had time to think about this The amendment doesn’t do anything. program and its links to terrorism and the intelligence community’s use of information important amendment and will join It doesn’t push the ball forward. This is provided by the Iraqi National Congress. with me today to get it agreed to. not about patience. I am not very pa- These reports provided the American people The fact is, the White House was tient when it comes to making sure we with important insights into these critical wrong to classify portions of the phase are doing everything possible to pro- issues. II report, as both Republicans and Unfortunately, the Administration chose tect against the possibility of a nuclear Democrats on the Intelligence Com- weapon being smuggled into this coun- to classify certain important portions of these reports that should have been released mittee have said. try, and that is what this bill does. This chart states as follows: The amendment is to put in place a to the public. A bipartisan majority of the Intelligence Committee disagreed with the The committee disagrees, however, with pilot project, move quickly; that is Administration’s decision to classify certain the Intelligence Community’s decision to what it does. The amendment is to re- portions of the report’s findings and conclu- classify certain portions of the report’s find- quire 100 percent screening of all high- sions and said that classifying this informa- ings and conclusions . . . the Committee risk containers. That is what it does. tion is ‘‘without justification.’’ concludes that the Intelligence Community’s

VerDate Aug 31 2005 01:18 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G14SE6.034 S14SEPT1 jcorcoran on PRODPC62 with SENATE S9594 CONGRESSIONAL RECORD — SENATE September 14, 2006 decision to classify this information is with- S. Res. 400 talks about how we de- what this is about, the intelligence out justification. classify information. As anyone who community was unable to demonstrate This was made public last Friday has taken a look at S. Res. 400 will to the committee that disclosing the from the report. quickly see, the process is a very redacted—that is, what is blacked- For the record, this is not my conclu- lengthy process—so long, in fact, that out—the redacted information in ques- sion. This is not a Democratic conclu- it is impossible that the Senate would tion would compromise sensitive sion. This is a bipartisan conclusion of be permitted to express its views on an sources and methods or otherwise harm the Republican-led Senate Intelligence issue prior to the majority leader’s an- the national security. Committee. nounced adjournment date. The committee, therefore, on a bipar- Again, here is what they said: This amendment, the Reid-Rocke- tisan basis, concluded in its report, The Committee disagrees, however, with feller-Levin amendment, would provide which was reported out unanimously, the Intelligence Community’s decision to the American people with information that the intelligence community’s de- classify certain portions of the report’s find- ings and conclusions . . . the committee con- they have a right to know now. This cision to classify this information that cludes that the Intelligence Community’s de- amendment would not harm our na- we are talking about is without jus- cision to classify this information is without tional security. To the contrary, it will tification. Those are the words in the justification. help ensure that we have a better in- report, ‘‘without justification.’’ A majority of the Republicans and formed Senate debate and a better in- The Reid-Rockefeller-Levin amend- Democrats in the Intelligence Com- formed American public, a critical un- ment addresses the most egregious in- mittee came together and concluded derpinning of any effective national se- stance in the committee’s Iraq report that the administration’s decision to curity policy. where the cloak of classification is keep information from the American I express my appreciation because he being used improperly to keep critical people was without justification. has just come to the Senate, to the information from the American people. We talk about redaction. It is a word ranking member of the Intelligence Specifically, the amendment seeks to we use more often than I would think Committee. I want the RECORD to be overturn the intelligence community’s we should, but we are using it here spread with the fact of how much I ap- unjustified decision to classify it—that today. I will show everyone in this preciate, the Democratic Senators ap- is what this amendment is trying to chart what a redaction looks like. Here preciate, the Nation appreciates, the do—and not only overturn, but the un- is the information I had in a letter to Senator’s dedicated work. justified decision to classify in its to- the majority leader where I said every- It has been tough sledding. The Sen- tality the section of the Iraq report re- one should go upstairs and look at ator has been dignified in his approach. ferring to a CIA document about the what these redacted sentences say. I so appreciate the tireless efforts of alleged meeting in Prague between 9/11 This is not just any redaction. Al- the Senator. Most Senators are in the hijacker Mohamed Atta and an Iraqi though, obviously, I cannot discuss the public eye. That is our job. The Sen- intelligence officer. specific content of this, the Intel- ator’s job is not to be in the public eye. As the unclassified text of the com- ligence Committee’s report does con- The Senator spends days of his legisla- mittee report states, the CIA document tain some publicly available informa- tive life in a room in the Hart Building, referenced in these redacted para- tion that I can discuss. in secret proceedings. Nothing can be graphs expresses concerns about the al- According to unclassified sections of said that goes on in that room. That is leged Prague meeting in the context of the committee’s report, this section where the Senator spends his time. I so a public speech by President Bush contains information from a CIA docu- appreciate the Senator’s dedicated planned for March 14, 2003. ment about the alleged meeting in service to our country. For the information of Senators, the Prague between September 11 hijacker Before I offer this unanimous consent committee concluded in its September Mohammed Atta and an Iraqi intel- request to set aside the pending amend- 8 Iraq report that the intelligence com- ligence officer. That is from page 135 of ment and have my amendment heard, I munity was correct when it assessed the report on terrorism, page 174 of the ask the distinguished Senator from prior to the war that there was no cred- Democratic additional views. West Virginia if he has some remarks ible information—I repeat, no credible As we all know, the alleged meeting he would like to make. information—that Iraq was complicit referenced here was an important part The PRESIDING OFFICER. The Sen- in or had foreknowledge of the Sep- of this administration’s case for going ator from West Virginia. tember 11 attacks on the United States to war. To this day, the meeting con- Mr. ROCKEFELLER. Mr. President, or any other al-Qaida strike. The com- tinues to be used by the administration first of all, I totally appreciate and to- mittee also concluded in its report, officials to justify why we are still en- tally do not deserve the kind com- after exhaustive review of relevant in- gaged in a war in Iraq. Obviously, this ments of our leader from the State of telligence reporting, that the alleged is an important piece of information as Nevada, but I heard them and I won’t Atta meeting in Prague did not occur. we assess how we got where we are forget them and I didn’t mind them at Significant portions of the redacted today in Iraq and what we need to do to all. passage of the report concerning the al- go forward in Iraq. Before the Senate Intelligence Com- leged Atta meeting, if not the entire For all my colleagues, though, I want mittee was able to release last week three paragraphs, can be declassified you to know, as important as it is, I two sections of phase II that we have without revealing sources and meth- would not be here today pressing the been working on in prewar intelligence ods—that is, without compromising in declassification of this information if I in Iraq, we submitted the report to the any way intelligence—or otherwise thought disclosing it to the American intelligence community for declas- harming national security. The deci- people would compromise our intel- sification review. sion to keep from the public—the pub- ligence sources and methods. It Overall, the declassification process lic of the Senate, the public of the doesn’t. on the phase II report produced a final United States of America—this reveal- A number of members of the Intel- product that was a substantial im- ing information about the use of intel- ligence Committee who know exactly provement, I have to say, over past ef- ligence information prior to the Iraq what this blacked-out section says, and forts, including the committee’s heav- war represents an improper use of clas- have heard the administration’s case ily redacted July 2004 phase I report. sification authority by the intelligence for classifying it, have told me that Yet there were notable instances of community, the effect of which is to significant portions of this passage can overclassification in the final phase II shield the White House. be declassified immediately with no report released September 8. I urge my colleagues to go to the In- harm to our national security, no re- The committee, in its report, dis- telligence Committee offices and read vealing of sources and methods. Nor agreed with the intelligence commu- the classified portions of the Iraq re- would I be here today if I thought the nity’s decision to classify certain por- port—Senators can do that; all Sen- process of declassifying information tions of the report’s findings and con- ators can do that, do it in those par- spelled out in S. Res. 400 would work in clusions. In its decision to keep this in- ticular rooms, and they can do it free- this case. formation from the public, which is ly—including the sections dealing with

VerDate Aug 31 2005 01:18 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G14SE6.036 S14SEPT1 jcorcoran on PRODPC62 with SENATE September 14, 2006 CONGRESSIONAL RECORD — SENATE S9595 the alleged Atta meeting. Senators in the context of a Presidential speech Three weeks ago, the President said should read the report and draw their a week before the Iraq war commenced. in a press conference that Saddam Hus- own conclusions about whether infor- This is information on the use of pre- sein ‘‘had relations with Zarqawi’’ the mation known prior to the war is being war intelligence which the White recently killed terrorist. kept from the American people for rea- House does not want the American The Intelligence Committee’s report sons unrelated to protecting national public to have because it would be em- demonstrates that statement to be flat security. barrassing. out false. The committee report dis- Mr. DURBIN. Will the Senator yield The Senate cannot allow this misuse closes, for the first time, the CIA’s pre- for a question? of classification authority to stand. I viously classified October 2005 assess- Mr. ROCKEFELLER. I am happy to. urge my colleagues to support the ment that Saddam’s regime ‘‘did not Mr. DURBIN. Mr. President, I would Reid-Rockefeller-Levin amendment. have a relationship, harbor, or turn a like the Senator from West Virginia to Mr. President, I once again thank the blind eye toward Zarqawi and his asso- clarify one point, if he might. We have minority leader and yield the floor. ciates.’’ two bodies of information. One is part (At the request of Mr. ROCKEFELLER, But neither the CIA’s assessment nor of the Senate Select Committee on In- the following statement was ordered to the committee’s report has stopped the telligence report—unclassified, public be printed in the RECORD.) false statements. Just last Sunday, the ∑ knowledge. We have another body of Mr. LEVIN. Mr. President, this past Vice President said on ‘‘Meet the information which is classified. I would Friday, the Senate Intelligence Com- Press’’ that ‘‘We know that Zarqawi like to ask the Senator from West Vir- mittee released a report that, among . . . fled and went to Baghdad and set ginia strictly about the first. other issues, looks at what we have up operations in Baghdad in the spring The Senate Select Committee on In- learned after the attack on Iraq about of ’02 and was there from then, basi- telligence report that was issued last the accuracy of prewar intelligence re- cally, until basically the time we garding links between Saddam Hussein week—unclassified and public knowl- launched into Iraq.’’ edge, which the Senator has referred and al-Qaida. The report is a dev- Just last weekend, the Secretary of to, and particularly as it relates to the astating indictment of the Bush-Che- State told CNN ‘‘We know that alleged meeting in Prague, the Czech ney administration’s unrelenting and Zarqawi ran a poisons network in Iraq. Republic, involving Mr. Atta, who was misleading effort to convince the . . . So was Iraq involved with terror? American people that Saddam Hussein one of the terrorists involved in the Absolutely, Iraq was involved with ter- was linked with al-Qaida, the perpetra- 9/11 attacks—if I heard the Senator ror.’’ tors of the 9/11 attack. from West Virginia correctly, the re- And just this week, Tony Snow, the Before the war, President Bush said: White House spokesman said ‘‘there port of the Senate Select Committee ‘‘[Y]ou can’t distinguish between al- was a relationship’’ between Saddam on Intelligence, an unclassified and Qa’ida and Saddam when you talk and Zarqawi. public report, stated no such meeting about the war on terror,’’ and: ‘‘This is Don’t they read the CIA’s assess- occurred; is that correct? a man [Saddam] that we know has had ments? If they do and disagree, they Mr. ROCKEFELLER. That is correct. connection with al-Qa’ida. This is a Mr. DURBIN. Mr. President, I might should say so. Again, the CIA’s October man who, in my judgment, would like ask the Senator from West Virginia the 2005 assessment said, flat out, to use al-Qa’ida as a forward army.’’ following: So when Mr. Tim Russert of But the report released by the Intel- Saddam’s regime ‘‘did not have a rela- ‘‘Meet The Press’’ asked Vice President ligence Committee on Friday tells a tionship, harbor, or turn a blind eye to- DICK CHENEY, on September 10, this different story. The report quotes the ward Zarqawi and his associates.’’ last Sunday, ‘‘And the meeting with CIA’s June 2002 assessment that ‘‘our There are many more misleading Atta did not occur?’’ and the Vice assessment of al-Qa’ida’s ties to Iraq statements. In the fall of 2001, the President replied, ‘‘We don’t know,’’ rests on a body of fragmented, con- Czech intelligence service provided the does that contradict the published, un- flicting reporting from sources of vary- CIA with reporting based on a single classified report of the Senate Select ing reliability.’’ That same CIA report source who stated that the lead 9/11 hi- Committee on Intelligence that, in said that ‘‘the ties between Saddam jacker Mohammed Atta met with an fact, we do know the meeting did not and bin Ladin appear much like those Iraqi intelligence officer in Prague in occur? between rival intelligence services.’’ April 2001. Mr. ROCKEFELLER. I would say to The Intelligence Committee’s report On December 9, 2001, Vice President the Senator from Illinois that he is quotes a January 2003 prewar CIA as- CHENEY was asked about the report on correct, it does contradict that, and sessment that ‘‘Saddam Husayn and ‘‘Meet the Press.’’ The Vice President moreover this contradiction has been Usama bin Ladin are far from being said, said that ‘‘... it’s been pretty carried on by a number of high officials natural partners;’’ that Saddam has well confirmed that the [9/11 hijacker in this Government for a very long pe- ‘‘viewed Islamic extremists operating Mohammed Atta] did go to Prague and riod of time in spite of intelligence inside Iraq as a threat;’’ and that ‘‘the he did meet with a senior official of the which they knew which said this meet- relationship between Saddam and bin Iraqi intelligence service in Czecho- ing never took place. Ladin appears to more closely resemble slovakia last April, several months be- Mr. DURBIN. Mr. President, I thank that of two independent actors trying fore the attack.’’ the Senator for yielding for the ques- to exploit each other.’’ On March 24, 2002, the Vice President tion. Those accurate prewar assessments told ‘‘Meet the Press’’ that ‘‘We discov- Mr. ROCKEFELLER. In closing, I didn’t stop the administration from ered, and it’s since been public, the al- urge my colleagues to not only read making many false and misleading legation that one of the lead hijackers, the information blacked out, re- statements trying to link Saddam Hus- Mohammed Atta, had, in fact, met dacted—those are pages 96, 97, and 98— sein and al-Qaida before the war. What with Iraqi intelligence in Prague . . .’’ read those of the report, but also to is doubly shocking is that the false But the Intelligence Committee’s re- consider it in the context of the unclas- statements continue to this day. port declassifies, for the first time, a sified, publicly released section on the Just last weekend, the Vice Presi- July 2002, a Defense Intelligence Agen- alleged Atta meeting in Prague that dent said on ‘‘Meet the Press’’ that cy paper that said ‘‘Muhammad Atta precedes these pages. It sounds com- ‘‘The evidence we also had at the time reportedly was identified by an asset plicated, but it is not. Just go read it was that he [Saddam] had a relation- (not an officer) of the Czech [ ] service and you will understand. ship with al-Qaeda.’’ only after Atta’s picture was widely I think Senators will find the infor- And the Secretary of State told Fox circulated in the media after the at- mation classified by the administra- News earlier this week that ‘‘There tacks, approximately five months after tion on these three pages does not in- were ties between Iraq and Al Qaida.’’ the alleged meeting occurred’’ and that volve intelligence sources and methods Just read the Senate Intelligence ‘‘there is no photographic, immigration as much as it does provide insight into Committee’s bipartisan report. Those or other documentary evidence indi- the warning bells that were going off statements are simply not supported cating Atta was in the Czech Republic all over about the alleged Atta meeting by the intelligence, prewar or postwar. during the time frame of the meeting.’’

VerDate Aug 31 2005 03:26 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G14SE6.037 S14SEPT1 jcorcoran on PRODPC62 with SENATE S9596 CONGRESSIONAL RECORD — SENATE September 14, 2006 Two months later, in September 2002, released last week says ‘‘Postwar find- ample time for my friend from Mis- CIA published it’s assessment that ings . . . confirm that no such meeting souri to speak. I wish to speak for a ‘‘evidence casts doubt’’ on the possi- occurred.’’ few more minutes. No matter the issue bility that the meeting had occurred The intelligence assessments con- or the costs to the American people, I and that ‘‘The CIA and FBI have re- tained in the Intelligence Committee’s am sorry to say, partisanship is the viewed the reporting available so far unclassified report are an indictment order of the day in this Republican and are unable to confirm that Atta of the administration’s continuing mis- Senate. On such an important matter met al-Ani in Prague.’’ leading attempts to link Saddam Hus- as this, I had hoped we could set aside None of those assessments stopped sein to al-Qaida. Portions of the report our partisan differences and work to- the Vice President from continuing to which have been kept from public view gether. This is not the case. suggest that the report of the meeting provide some of the clearest evidence Our amendment will not be adopted, was evidence that Saddam’s regime of this administration’s false state- but it is not we who will pay the price. was linked to the 9/11 attackers. On ments and distortions. The real consequences will be paid by September 8, 2002, in a ‘‘Meet the Among what remains classified, and this institution and the American peo- Press’’ interview the Vice President therefore covered up, includes deeply ple. said that the CIA considered the report disturbing information. Much of the in- The Senate has lost and the Amer- of the meeting ‘‘credible,’’ although, formation redacted from pages 96, 97, ican people have lost once again be- again, that same month the CIA said and 98 of the public report does not cause the Republicans have chosen to that there was evidence that ‘‘cast jeopardize any intelligence sources or rubberstamp a bad decision by the doubt’’ on it having occurred. methods. The continued classification Bush White House. They have put the In January 2003, still before the war, of that entire portion of the report administration’s political standing the CIA published an assessment stat- reeks of a coverup by the administra- ahead of this body’s constitutional ob- ing that, ‘‘A CIA and FBI review of in- tion. The Senate should not go along. ligation and their own political inter- telligence and open-source reporting The public is entitled to the full pic- ests ahead of the Nation’s interests. leads us to question the information ture. Unless this report is further de- Again, the American people have lost provided by the Czech service source classified, they won’t.∑ because, again, they have been denied who claimed that Atta met al-Ani.’’ The PRESIDING OFFICER. The an opportunity to fully understand the The January 2003 paper stated that CIA Democratic leader. facts behind President Bush’s rush to was ‘‘increasingly skeptical that Atta Mr. REID. Mr. President, Senator war in Iraq. The decision to keep this revealing information from the public traveled to Prague in 2001 or met with LEVIN would be here, but he is, to say represents an abuse of classification IIS officer al-Ani’’ and that ‘‘the most the least, tied up in the Armed Serv- authority by the Intelligence Com- reliable reporting to date casts doubt ices Committee. He has been working mittee. They have shielded the White on this possibility.’’ with others to get a bipartisan measure House at the expense of America’s se- But the Vice President continued to to the floor so we can deal with the de- curity. be undeterred by the CIA’s skepticism. tainee problem that was brought to a More than 3 years into the war in In September of 2003, 8 months after head by the Supreme Court in the Iraq—longer than it took in World War the CIA said that the most reliable re- Hamdan decision. II in the European theater—the prin- porting cast doubt on the possibility of I do wish to say that Senator LEVIN, cipal underpinnings of the administra- a meeting between Atta and the Iraqi during Senator ROCKEFELLER’s inca- tion’s case for war have been under- intelligence officer, Vice President pacity, was a real stalwart working mined, if not obliterated, by events on CHENEY was still citing it as having with us. He kept Senator ROCKEFELLER the ground and Friday’s Intelligence possibly occurred. informed at his home on a daily basis Committee report. On January 19, 2004, a full year after as to what was going on in that com- We learned long ago that Saddam did the CIA expressed serious doubts about mittee. We very much appreciate Sen- not possess weapons of mass destruc- the meeting and the fact that not a ator LEVIN’s efforts. He is really over- tion, that he did not have stockpiles of shred of evidence had been found to worked. He had his responsibilities for chemical weapons, that he did not have support the claim of a meeting, the Armed Services, but he filled in very stockpiles of biological weapons, and Vice President told the Rocky Moun- well for the distinguished Senator from that he did not have nuclear capabili- tain News that the Atta meeting was West Virginia. We are glad Senator ties. ‘‘the one that possibly tied the two ROCKEFELLER is back and in better Further, we know definitely from the [Saddam and the 9–11 attackers] to- shape than when he left. He is stronger Intelligence Committee report on Fri- gether to 9/11.’’ than ever, and we are very fortunate to day that another administration Six months later, on June 17, 2004, be able to work on this side of the aisle claim—that Saddam Hussein had ties the Vice President was asked whether with these two wonderful Senators. with al-Qaida—is totally and com- Iraq was involved in 9/11. The Vice Mr. President, I ask unanimous con- pletely unfounded. Of course, that does President said ‘‘We don’t know. . . . We sent, notwithstanding rule XXII, that not stop this administration from re- had one report, this was the famous re- amendment No. 5005, to declassify cer- peating this charge. This next chart port on the Czech intelligence service, tain text of the Report of the Select shows exactly what I am talking about. and we’ve never been able to confirm it Committee on Intelligence on Post- Look at what has been said in recent or to knock it down. We just don’t War Findings about Iraq’s weapons of weeks. And the colloquy between the know.’’ The Vice President may not mass destruction program, still be in distinguished whip and the ranking have ‘‘known’’ but the intelligence order. member of the Intelligence Committee community sure as heck didn’t be- The PRESIDING OFFICER. Is there certainly showed this and will show it lieve—for a long time before the Vice objection? again. President’s statement—that the meet- Mr. BOND. Reserving the right to ob- Here is what was said: ing took place. ject, first, let me clarify, this is not [Saddam Hussein] had relations with Now the Senate Intelligence Commit- classification—— Zarqawi. tee’s report says that ‘‘Postwar find- Mr. REID. Mr. President, is there an President Bush said this in August of ings . . . confirm that no such meeting objection or not? this year, late August of this year. occurred.’’ The PRESIDING OFFICER. Does the The Senate Intelligence Committee But just last Sunday, before a na- Senator from Missouri object? report: tionally televised audience, the Vice Mr. ROBERTS. I object. [T]he Regime did not have a relationship President was asked whether the meet- The PRESIDING OFFICER. Objec- with, harbor, or turn a blind eye toward ing occurred. The Vice President re- tion is heard. Zarqawi. plied ‘‘We don’t know.’’ The Democratic leader. This did not stop the President from The Intelligence Community does Mr. REID. Thank you, Mr. President. saying ‘‘[Saddam Hussein] had rela- know. The Senate Intelligence Com- Mr. President, I regret the decision of tions with Zarqawi.’’ This is not a mittee knows. The bipartisan report we the majority. I really do. There will be truthful statement.

VerDate Aug 31 2005 01:18 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A14SE6.014 S14SEPT1 jcorcoran on PRODPC62 with SENATE September 14, 2006 CONGRESSIONAL RECORD — SENATE S9597 On September 10, just last Sunday, that a bipartisan majority of the Intel- quarters. This type of correspondence the Vice President said, on ‘‘Meet The ligence Committee voted to include in exists to permit the rapid informal Press,’’ at 10:30 in the morning—he was the report a statement that the com- flow of information and operational asked the question by Tim Russert, mittee disagreed with the administra- guidance needed to execute the mission ‘‘And the meeting with Atta did not tion’s decision—I will repeat, the ad- of the CIA. It is not formal intelligence occur?’’—keep in mind, this is after the ministration’s decision—to classify reporting. It is not a finished intel- report was made public Friday, 2 days certain portions of the report’s findings ligence assessment drafted and coordi- before this—and the Vice President and conclusions and said that nated to support policymakers, as has said, ‘‘We don’t know.’’ classifying of this information is with- been indicated, and it is not routinely The Senate Intelligence Committee out justification. available or needed by anyone outside report says no such meeting occurred. In actuality it was the intelligence of the CIA. It must be handled with It is against this backdrop that I of- community, not the administration, care. fered the Reid-Rockefeller-Levin that made the decision to protect the Now, the next question, obviously, is amendment. We have an administra- sensitive information contained in why? Because the release of tion that continues to misstate the those three pages. That decision was unevaluated information and CIA oper- record and prevent the public from get- based on the community’s judgment— ational traffic would potentially dam- ting additional information that will their judgment—I know Senators age the relationships with foreign shed further light on their ROCKEFELLER, REID, and others may country security services that work misstatements. And ‘‘misstatements’’ disagree with the community—con- closely with the CIA. These foreign is an understatement. We have a Re- cerning sources and methods. services do so with the expectation publican-controlled Congress that ac- More important, the committee actu- that their words and their actions will tively aids and abets the administra- ally classified the declassification this remain confidential. Additionally, de- tion in these pursuits. way, and I am quoting from our report: classification and public release of Mr. President, we need a new direc- The committee recognizes that classifica- such correspondence would certainly tion. For too long, this Republican tion decisions are often difficult, requiring a impinge upon the speed and frankness Congress has put its own security careful balancing of our responsibility to that marks this correspondence. CIA’s ahead of the security of the American protect the national security sources and effectiveness is reduced when this hap- people. Today is a good example of methods with the need for the appropriate pens. that, and it is too bad for the American transparency of the intelligence activities. For these reasons, and others that people. That says it, and it is a very difficult cannot be discussed publicly, this in- The PRESIDING OFFICER. The Sen- task that one faces when you are ap- formation should not be released. In ator from Kansas is recognized. proaching that kind of a challenge. short, this amendment would damage Mr. ROBERTS. Mr. President, I rise Overall, the declassification process on our sensitive sources and methods by in very strong opposition to Senator this report—and I am quoting again— recklessly disclosing properly classi- REID’s amendment. The amendment ‘‘was a substantial improvement over fied information—again, not by the ad- simply directs the release of three past efforts.’’ ministration but by the intelligence pages in the classified version of the That is what the committee said. I community. committee’s phase II report on the ac- know that doesn’t include the three There is another way to do this. It is curacy of prewar intelligence assess- pages that the Democratic leader, Sen- the proper way. A number of Members on both sides of the aisle, including ments. I just think this amendment is ator ROCKEFELLER, and others would this Senator, have issues concerning an irresponsible, very dangerous way like to have released. It would still be the declassification of these reports. to seek the release of classified infor- classified, but it would be released in a They have agreed to work with the Na- mation and would set a very dangerous bill that has nothing to do with intel- tional Archives Public Interest Declas- precedent. ligence matters. It is important to un- sification Board, which is the proper To my knowledge, this action is un- derstand that this was a broad, bipar- way to do it, to review and, hopefully, precedented—the full Senate consid- tisan statement relating to a number further declassify some of the remain- ering a bill that has nothing to do with of issues. Several Senators, many Sen- ing redacted portions. This review the subject matter that is now being ators, this Senator, had things they process will look at all of the informa- discussed and for the Senate not to de- would have liked to have seen declas- tion that remains classified, not just classify the information but to simply sified. I worked overtime with the in- the information singled out in Senator release classified information. I can telligence community in regard to the REID’s amendment. I think this is a probably conjure up a lot of other dif- section on the Iraqi National Congress, to make sure that all of that report much more responsible approach. ferent attempts to do this and put the I hope my colleagues will proceed in was in, all of the nuances and history full Senate in the position of trying to that manner. That is how we intend to would be declassified. Did I get every- release classified information. proceed in the Intelligence Committee thing I wanted? No, but I got a large While we are at war, what the Demo- in regard to classification and declas- cratic leader is proposing is that the portion of it. sification. I oppose this amendment, The committee, however, made no Congress unilaterally release informa- and I urge my colleagues to do the specific reference to the issue that Sen- tion that our intelligence profes- same. sionals—not the administration—that ator REID brought to the floor today. I yield the floor. our intelligence professionals have de- There was that generic statement that Mr. DURBIN. Will the Senator yield termined to be protected from disclo- I just said earlier. I am very familiar for a question? sure. Again, to my knowledge, the Sen- with the material that the Senator Mr. ROBERTS. I have yielded the ate has never taken such a drastic step. seeks to publicly release. I agree with floor, but I will answer the Senator’s Now, the Democratic leader’s amend- the Intelligence Community that this question. ment is not about port security. In material does contain sensitive infor- Mr. DURBIN. I ask the Senator be- fact, the amendment will do nothing to mation that would damage our intel- cause I am not on the committee, the enhance our security. The Senate ligence sources and methods. I believe Senate Intelligence Committee re- should not adopt a precedent that al- it is properly classified. I supported the leased a report last week, and he lows one Senator to release classified report’s statement that there are cer- stands by the findings—at least the information for whatever purpose that tain portions of the report that I be- majority section. I asked the question he or she would deem fit or for their lieve should have been declassified. of my Democratic colleague, Senator own purposes. This is not one of them. ROCKEFELLER, which I would ask of Before I proceed any further, how- The information the Democratic you. In that Senate Intelligence Com- ever, I must take issue with the man- leader wants to release is very sen- mittee report relative to the alleged ner in which the committee action on sitive. Mr. President, it is CIA oper- meeting in Prague involving Moham- the matter of declassification has been ational traffic between an undercover mad Atta, the Senate Select Com- characterized. Senator REID claims overseas field station and CIA head- mittee on Intelligence report says that

VerDate Aug 31 2005 01:18 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G14SE6.038 S14SEPT1 jcorcoran on PRODPC62 with SENATE S9598 CONGRESSIONAL RECORD — SENATE September 14, 2006 no such meeting occurred. I would like Mr. ROBERTS. Mr. President, let me which transmitted comments from a letter to ask the Senator from Kansas this: say to my friend from West Virginia, to the DCI and a discussion with the Chief of When the Vice President was asked on however, if I might, and my friend from Station from the head of the foreign intel- ligence service that handled CURVE BALL. Sunday on ‘‘Meet the Press’’ by Mr. Illinois, I don’t speak for the Vice The cable noted that the head of the foreign Russert the following question: ‘‘And President. I ask the Senator to address intelligence service intelligence said experts the meeting with Atta did not occur?’’ that question to the Vice President. It from a number of foreign intelligence serv- he replied, ‘‘We don’t know,’’ is that is the information in the cable which is ices had analyzed the CURVE BALL infor- statement by the Vice President con- classified, not the format. I think the mation and believed ‘‘the information was sistent with the report that you signed distinguished vice chairman is talking plausible’’—et cetera, et cetera. and issued to the public on the pre- about the format in another report as In other words, the content is right vious Friday? opposed to the report that Senator here. Mr. ROBERTS. Mr. President, re- REID quoted from, and it is that infor- Mr. ROBERTS. Mr. President, I sponding to the Senator from Illinois, mation—the cable which is classified, would just simply say to my distin- that is a hypothetical. I did not watch again, by the intelligence community. guished friend and colleague, and to let ‘‘Meet the Press.’’ I have not studied The Senator knows how hard we have everybody know who is listening to the Vice President’s comments other both worked to get both reports declas- this debate, it is an interesting debate; than what the Senator has said. My sified, to the extent that the American it is a unique debate. It sets a prece- name is not Tony Snow. people could at least know what is dent that I don’t agree with. But sim- I yield the floor. going on and let the chips fall where ply because we are having this discus- Mr. ROCKEFELLER. Will the chair- they may. That does not include, how- sion doesn’t mean we are not friends man yield for another question? ever, a decision when the DNI and the and colleagues and trying our very best Mr. ROBERTS. Yes, I certainly yield Director of Central Intelligence insist to do a job under very difficult cir- to my friend and colleague. that basically the information in the cumstances. But we do defer—or at Mr. ROCKEFELLER. Thank you very cable is classified. least I think we should defer—to the much. I am sure that the Senator is I suppose that in future debates on intelligence professionals here who aware, having talked about the impor- any bill—and it could be port security work with this material. If they make tance of the operational cables, the for- or the farm bill or any bill that really a mistake, we are all over them. eign service, and all these kinds of doesn’t pertain to intelligence—some- So we are at war. Let’s let the Public things that there are in our report—or body can say, you know, I think there Interest Declassification Board take a in the report there are at least 30 spe- is a portion of some intelligence re- look at these reports. That was the cific references to operational cables. I port, or any intelligence, that ought to suggestion by Senator WYDEN, picked am looking at page 31 of the prewar as- be released even though it is classified. up by Senator BOND, endorsed by my- self and I think by the Senator from sessment part. CIA operational table, If we start doing this, if we go down the West Virginia. That is the proper way December 2002, the INC part. And there slippery slope with regard to having to go about it, not in this format, when are two on page 68—two CIA cable ref- this body in executive session or other- we don’t even have a bill that pertains erences that are declassified. Is the wise decide to release classified infor- to this and where we are setting a Senator aware of that, that we have mation, we may as well replace ‘‘E precedent where all of a sudden some- done this 30 times at least in our re- pluribus unum’’ up there with the New body can say: Oh, I think we should re- port? York Times. It is a dangerous prece- lease even though it is classified. Mr. ROBERTS. It is my under- dent. standing that the operational cables Once we start down that road, I There is a way to do that. We have a would say to my dear friend, we will and the INC reports are two separate committee set up to go to the review reports. never hear the end of it. We will have board to see if we can get the most de- everything else declassified. We could Mr. ROCKEFELLER. That is correct. classification possible. I agree with the But there are 30 in various parts of this conceivably, with all the furor in re- Senator that too much is classified. gards to the ABC documentary over that are operational cables specifically That is a given. In this particular case, referred to, which are—— the handling of 9/11, get into reports I think you have to rely on—or you and get into Presidential findings and Mr. ROBERTS. Basically, the deci- should rely on the CIA Director and sion is made by General Hayden in a everything else. I just don’t think that the Director of National Intelligence is appropriate. So there is a way to do letter I would be delighted to read on who say we are going to lose allied sup- the floor of the Senate, except that it it. Let’s do it the proper way. port. I yield the floor. is classified. He goes down specifically, The Senator knows that every week The PRESIDING OFFICER. The Sen- exactly the comments I have made in a we get a courtesy call from various ator from Missouri is recognized. very generic way as to why he didn’t people who come in and who are our Mr. BOND. Mr. President, I want to declassify them. One report is INC and counterparts representing other coun- join in support of the chairman of the one is on the accuracy of the prewar tries. The bottom line is: Why can’t committee. It is important to realize assessments regarding weapons of mass you Americans keep quiet? So, con- this was not classified after the fact. destruction. I don’t understand the sequently, I think that has an aspect of This was classified information. point. this. That has entered into, I think, Now, we cannot say on the floor why By the way, the general indicated part of the DNI’s involvement here and this must remain classified. There are that he will provide us a letter that is decisionmaking, as well as the CIA Di- good and sufficient reasons for this, un- not classified outlining why the CIA rector’s involvement. It is a canard of like some of the other cables which Director feels very strongly that this the first order to say it was the admin- have been cited by the distinguished should not be released. istration. It is not. It is the people who vice chairman of the committee, why Mr. ROCKEFELLER. What the CIA work with this every day. this one should not be released. Director reportedly is saying, and the Mr. ROCKEFELLER. I say to the We are witnessing something here chairman of the full committee indi- chairman of the full committee, is the that is very, very disturbing. The mi- cates, is that operational cables cannot Senator aware that on page 31, the pre- nority leader said that partisanship is be identified publicly. I am saying that war assessment part of the report, the order of the day because we have they are identified 30 times in our two there is a reference at the bottom, as I objected to this unwarranted effort to reports. indicated, to the CIA operational cable misuse and abuse the intelligence proc- I direct my colleagues’ attention to of December 20, 2002. The Senator indi- ess to score political points. This ap- these 30 specific examples from the cated the substance is not included, proach, regrettably, is something that committee’s two reports found on page but I will read from the report: has been used going back to 2003 when 31 of the report on Post War Findings In addition, the Committee is examining the Democratic staff in the Intel- and pages 41, 43, 67, 68, 69, 70, 72, 76, 77, the facts surrounding a December 20, 2002, ligence Committee laid out a partisan 78, 80, 82, 86, 87, 104, and 107 of the INC cable from the relevant CIA station [this is political game plan to use intelligence report. all available to the American public today] to try to beat President Bush and Vice

VerDate Aug 31 2005 03:26 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G14SE6.042 S14SEPT1 jcorcoran on PRODPC62 with SENATE September 14, 2006 CONGRESSIONAL RECORD — SENATE S9599 President CHENEY in 2004. They laid out They bring in different points of view. Committee is an effort to politicize in- a game plan and they stayed on it. There are 16 different intelligence telligence. I deeply regret the fact that They stayed on it through phase I. agencies that may have points of view. so much of this has been misquoted in Phase I took 2 full years during which Do those all come to the policymakers? the report issued, the largely Demo- we exhaustively examined all of the Of course not. The intelligence commu- cratic report issued from the intel- documents, interviewed anybody that nity is responsible for coming up with ligence community. There was a tre- might have information on whether a National Intelligence Estimate, a mendous amount of cherry-picking of there was an intentional misleading or community assessment that goes to selected pieces of information that did misrepresentation or pressure to the policymakers, whether that is the not come from the National Intel- change the estimates of the intel- President, the Vice President, or this ligence Estimates, to say that state- ligence analysts and thwart the proc- body. We get the final product. ments by some administration officials ess. Now, any time you want to, you can were not based on sound evidence. We reviewed that process exhaus- go back and look at all kinds of oper- We have learned a lot. We have tively. At the end of it, our bipartisan ational cables. You can find cables at learned a lot since we went into Iraq. conclusion was there was no evidence any one time saying it is daytime and We learned that our intelligence wasn’t of any pressure to change findings of others say it is night, a third one say- good, state-craft and trade-craft were the Intelligence Committee; there was ing it is dusk, and a fourth one saying not properly executed. Where there no effort to mislead or misuse the in- it is dawn. But that is not what is were dissenting views, those dissenting formation of the intelligence analysts given to the policymakers. views were not conveyed up the line to or the intelligence estimates. We ask the Intelligence Committee the policymakers. That was us and Regrettably, our Democratic col- to use their best judgment. And as far that was the administration. And we leagues were not satisfied with that. as this cable, which has been properly are trying to change that. We are try- They wanted to continue the battle. So classified—and we will not go into why ing to make sure that dissenting views we initiated a second backward look it is properly classified—this cable was are explored, that policymakers know into history that I think was a tremen- one communication to the head- if there is a division. quarters, and it was not the only one. dous waste of time—phase II—to go Now, looking back with hindsight, we There were many, many more. back and say: Well, maybe we missed could say that many of the statements something. We are going to go back Looking back on it, we have a much better idea of what went on. But the made here on the floor and made by the and look at the intelligence prior to administration were not accurate. The the commencement of Operation Iraqi whole purpose of this, the whole pur- pose of our Democratic colleagues in question is, Were they based on the Freedom and see if we can’t find some best National Intelligence Estimates at misstatement, some misstep by the ad- phase II, was to find grounds to defeat President Bush in 2004 or perhaps im- the time? We found out in phase I that ministration. they were. Well, President Bush is not running peach him in 2006 or maybe in 2007. again. I don’t know whether they want Well, we have been looking in the rear- The effort to do more declassification to try to impeach him or whether they view mirror far too long. We have been is very important. The chairman of the just want to try to score points in the looking backwards. We spent 2 full committee, Senator ROBERTS, Senator 2006 election campaign. But whichever years, the staff of the Intelligence WYDEN and I and the vice chairman thing they are doing, it is a blatant Committee spent hundreds of hours, re- have asked the Public Interest Declas- partisan effort to take what should be viewed tens of thousands of documents, sification Board and the National Ar- the bipartisan, even nonpartisan, Intel- over 1,000 interviews, and they found chives to look at and investigate what ligence Committee and drag it through that there was no misuse, no abuse of has been classified to see if more of it the political mire of name-calling and the intelligence process, no pressure on could be declassified. Because I, as rock-throwing. the analysts. most of my colleagues, want to have as I think it is time for us to hit the ba- So we have a lot of things that we much that is not sensitive or revealing loney button on this and say: We have ought to be doing. We have a lot of sources and methods to be disclosed, so wasted now 2 more years in the Intel- work in the Intelligence Committee be- we can evaluate where we stand. But ligence Committee going back and try- cause we have to implement the rec- for this one, I understand full well the ing to defeat or impeach President ommendations of the 9/11 Commission. reason it is classified, and I am not Bush, and we have not been successful. One of the key recommendations con- going to say why. But when we disclose Let me mention something about cerning intelligence in the 9/11 Com- intelligence, we risk sources. Unfortu- this. All of this hype is about things mission report was to set up a national nately, when we prosecuted the 1993 that were added—much of it is about security post in the Department of Jus- World Trade Center bombers, the pros- things that were added as comments to tice to coordinate between the FBI and ecution had to turn over a list of 260 one of the two reports that we reported the CIA. Regrettably, our colleagues on names of potential suspects. They out of the Intelligence Committee. The the other side of the aisle are holding turned it over in that court proceeding Democrats chose to make extraneous up the appointment of the man who is and, subsequently, several years later allegations now that will be considered supposed to fill that position to ensure in a raid in an African nation they in a later report that is yet to be final- that there is good information and found in the al-Qaida playbook the ized by the committee, to look into good exchanges of information between names of all these people. When we dis- statements made by administration of- the FBI as a law enforcement body and close who we are talking to, their ficials and Members of Congress, to see the intelligence agencies. And we have names get disclosed. And regrettably, whether they were inaccurate or if a lot of other things to do because some of them have been murdered. But there was a misuse of the intelligence there are still problems that we have it is not just the individual source who estimates that were available at the to work out in the new structure of the is at risk. time. I have looked at them and I have Director of National Intelligence. We have repeatedly chipped away at seen some significant overstepping in I have been asking plaintively why the confidence of our allies to work statements that were made. Regret- we cannot look at the continuing with us in the war on terror by dis- tably, those statements primarily threats, do oversight and deal with closing sources and methods over the came from Members of Congress, some some of the questions and problems we years. Friendly services are saying— on the other side of the aisle, who went have. The answer is we have to com- and CIA leaders have told me directly— too far. They went beyond what the in- plete phase II, and phase II has had, that our allies in the field are rethink- telligence estimates said. again, hundreds and hundreds of hours ing if and to what extent they can Now, we have focused in this process of work by our staff, work that could work with us because the Americans on what the final intelligence esti- have been used on other points. Regret- cannot keep a secret. This effort to de- mates were. There are thousands—per- tably, what we are hearing on the floor classify operational traffic involving haps hundreds of thousands—at least and what we are seeing in some of the overseas entities could devastate the tens of thousands of operational cables. reports coming out of the Intelligence confidence of our allies in cooperating

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with American intelligence and oblit- ther because you will sit there for hour for that to be prepared, 21⁄2 years, de- erate the confidence of American intel- after weary hour, day after weary day, spite repeated promises by the chair- ligence officials in the United States week after week, and month after man of the Senate Intelligence Com- Congress, who will be taking their dis- month listening to all of this informa- mittee that it would be a priority item crete communications among them- tion, being sworn not to repeat a word and be taken care of. It is unfortunate selves and broadcasting it to the entire of it—imagine. The only questions you that it took so long. It is unfortunate world. can ask are in the room. The only that the Democratic leader, Senator I can’t think right now of a single statements you can make are in the REID of Nevada, had to threaten a more devastating action that will re- room. It is classified information. We closed session of the Senate to force verse what we have been trying to fix wouldn’t want to risk the life of a sin- this issue, to finally come up with the in the U.S. intelligence community gle American or ally or someone help- phase II report. than this, to say that if you share any- ing our cause, so we are extra careful. But it is a good thing he did because thing within the intelligence commu- I lived through this as we made the the phase II report, which was pub- nity or even with the Intelligence Com- momentous and historic decision 4 licized last week for all of America, in mittee, it is going to get out. People years ago to go to war in Iraq. After unclassified form, in public form, made don’t want to share the most sensitive sitting there for months, listening to it clear. The report concluded the ad- intelligence when it could get out and the experts within the Bush adminis- ministration relied on known fabrica- not only disclose the information, but tration talk about what they knew tors and liars, including the infamous put at risk the sources and methods by about Iraq, I drew my own conclusions Ahmed Chalabi and his Iraqi National which it is being obtained. from what they said. And I would walk Congress to justify the war. Chalabi For that reason, I regret that the mi- outside that committee room stunned and others fed the administration con- nority leader has attempted to make a to hear the public statements that sistently false information about Iraqi partisan battle out of something that were being made in direct contradic- weapons of mass destruction and nu- did not have to do with the National tion. clear weapons. Intelligence Estimate. It was not a Elected officials and appointed offi- Members of the intelligence commu- final product of the Intelligence Com- cials in this administration were say- nity had warned that this Ahmed mittee. Therefore, it had no place in ing things about Iraq and its threat to Chalabi, the darling of many people in the effort to determine what kind of in- the United States which were incon- this administration, was, in fact, a formation got to the top policymakers sistent with the information being fraud. Despite this, despite this fact, in the administration. given to us in the Senate Intelligence this man was invited to sit in an hon- There were lots of conflicting pieces Committee. Yet, being sworn to se- ored place at the President’s State of of information going through the crecy, I could not say a word. It was a the Union Address. He was unreliable. His organization chain. What we properly looked at was frustrating situation. was not only not trustworthy, it was how those were handled and what they I reached the conclusion that the in- penetrated by the Iranians, who sadly gave to policymakers. There is no evi- formation within the room was more do not share many, if any, of our val- dence, no evidence, none, zero, zip, compelling than the headlines outside none—that this evidence was ever ues. the room. I joined 22 of my colleagues But the administration still eagerly shared with the top policymakers. in the Senate in voting against the au- I yield the floor. embraced this source, this unreliable, The ACTING PRESIDENT pro tem- thorization to go to war. And our sub- untrustworthy source. Some of the in- pore. The Senator from Illinois. sequent investigation found that those formation that he gave found its way Mr. DURBIN. Mr. President, I had inside the room knew a lot more than into one of the most important docu- the honor to serve on the Senate intel- the politicians outside the room be- ments our Government issues, the Na- ligence subcommittee for 4 years. It is cause we found no weapons of mass de- tional Intelligence Estimate on Iraq. an awesome assignment. That com- struction, we found no nuclear weap- That is a compilation of all the gath- mittee can suck up more time from a ons, we found no connection between ered intelligence from all the different Senator’s schedule than any other as- al-Qaida the terrorist group responsible reliable sources of our Government and signment I can think of. I easily spent for 9/11—and Saddam Hussein. We other places, to try to have an accurate half of my time in committee in the found no evidence to support the no- picture of the situation before a mili- Senate Intelligence Committee room, tion that somehow nuclear materials tary invasion, before we risk the first and I am almost certain that I didn’t were coming in from Africa to Iraq. American life. And the lies and fabrica- attend half of their meetings. There Despite statements made by the tions and distortions of this man were were so many meetings. The informa- President in the State of the Union Ad- part of that National Intelligence Esti- tion is voluminous. It is cloaked in ini- dress, none of that was found. So we mate. tials and references which take the knew, after our invasion, after careful In fact, some of his testimony found longest time to understand. I will hon- investigation, that the statements its way into statements made by our estly tell you by the end of my 4 years made to the American people were former Secretary of State Colin Powell I had come to understand more and wrong. The American people were mis- before the United Nations to try to jus- more about the intelligence commu- led. The American people were de- tify to the world our invasion. That nity and come to understand more and ceived. So the Senate Intelligence presentation marked a low point in more about what to look for and listen Committee set out to try to get to the what I consider an otherwise highly for. So my hat is off to all of my col- bottom of it. distinguished career of service by Gen- leagues in the Senate, Democrat and The first phase of its investigation eral Powell. Republican, who serve on this com- was to find out what happened at the The committee report which we saw mittee. It is a massive assignment, and intelligence agencies. If they had con- last week spells out the misinforma- they have a massive responsibility—to flicting information, how did this tion from Chalabi and others that was measure the efficacy of our intel- occur? I happened to be on the com- used to justify the war. It shows clear- ligence operations as well as their re- mittee when this report was made. It ly there was no connection, none, be- ports. was an important disclosure that, in tween Saddam Hussein and al-Qaida. I can’t think of another committee in fact, our intelligence agencies had let That is now a bipartisan conclusion. It Congress—I might say the Armed Serv- us down. Their information was not re- is published. It has been verified from ices Committee is close—that has such liable, was not sound, and many times intelligence sources. The debate over an awesome responsibility. I want to misled a lot of people. That is a fact. that question should now officially preface my remarks by saluting all of But phase II of this investigation by end. the members of the Intelligence Com- the Senate Intelligence Committee was Mr. BOND. Mr. President, could I ask mittee for giving their time to this ef- going to really talk about whether the distinguished Senator from Illinois fort. these public disclosures were made and a question? On what page is there a bi- But I will tell you, there is no more whether they, in fact, misled the Amer- partisan statement that there was no frustrating assignment in Congress ei- ican people. It took almost 21⁄2 years connection between al-Qaida and Iraq?

VerDate Aug 31 2005 02:00 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G14SE6.045 S14SEPT1 jcorcoran on PRODPC62 with SENATE September 14, 2006 CONGRESSIONAL RECORD — SENATE S9601 Mr. DURBIN. I will get the page ref- First, if I could, the chart with the icy of this Nation, the protection of erence and give it to you in a moment. ‘‘Meet the Press’’ show, Mr. Russert this Nation, and most importantly Mr. BOND. Because we also found in asked the Vice President, ‘‘ . . . and whether it is time to move in a new di- there a reference that there was a the meeting with Atta did not occur?’’ rection. meeting and two contacts. Vice President CHENEY said, ‘‘We The Vice President of the United Mr. DURBIN. Mr. President, if I don’t know.’’ States said in the course of his appear- might? I do control the time? This was an important meeting. It ance on ‘‘Meet the Press’’ when he was The ACTING PRESIDENT pro tem- was a meeting that was suggested had asked about the invasion of Iraq: pore. The Senator controls the time. occurred by the Vice President and It was the right thing to do, and if we had Mr. DURBIN. I will get the page ref- others involving Mohamed Atta, the to do it over again we would do exactly the erence for the Senator. I would like to leader of the 19 who were responsible same thing. continue my remarks, if I may. for the attack on September 11, a meet- Clearly, no lessons have been learned The bipartisan Senate Intelligence ing which supposedly occurred in by this administration because we sent Committee reached these conclusions Prague. Mr. Russert is asking: Did it or too few troops into a situation which but this report, especially the public did it not occur? was not clearly planned nor clearly ex- Vice President CHENEY version, doesn’t go as far as it might. says, ‘‘We plained to the American people. We As the vice chairman, the distin- don’t know.’’ He said that as of last sent them without the necessary equip- guished Senator from West Virginia, Sunday. ment they needed to protect them- The Senate Select Committee on In- and other colleagues wrote in their ad- selves. We shortchanged them in terms telligence report says, ‘‘No such meet- ditional views: of the number of forces, equipment, The committee’s phase II investigation has ing occurred.’’ That is not the only reference. Sec- and training they needed—and lives been significantly limited by the majority’s were lost. refusal to examine issues and documents rel- retary of State Condoleezza Rice, evant to our inquiry when the issues and ‘‘CNN Late Edition,’’ same day, said: We now know, as well, that the jus- tification for the war did not turn out documents came close to the White House. We know that Zarqawi . . . ran a poisonous The point that is being made today, network in Iraq. to be true. There were no weapons of mass destruction, and we are there and has been debated back and forth, is The Senate Intelligence Committee with 145,000 of our soldiers and marines how much of this document that has report says the following, ‘‘the re- risking their lives for America, even as not been released to the public, should gime’’—in Iraq—‘‘did not have a rela- we stand in the safety of this country be released. tionship with, harbor, or turn a blind today. As you can see, several pages, many eye towards Zarqawi.’’ pages, are blacked out. Information is Then, just yesterday or the day be- I might say to the Senator from Mis- blacked out. The official word is ‘‘re- fore, September 12, Tony Snow the souri that I have just been handed by dacted.’’ So this debate has gone back President’s Press Secretary, said my staff a reference which he might and forth about how much should have ‘‘there was a relationship between Sad- want to consider: page 63 of the report been redacted, how much should have dam and Zarqawi,’’ directly contra- which he signed. Page 63 said Saddam been released. I will not get into the dicting this report. has ‘‘viewed Islamic extremists oper- specifics because I wouldn’t want to This, sadly, is a pattern which is un- ating inside of Iraq as a threat.’’ disclose anything that I should not. acceptable. For the leaders in this ad- That statement is inconsistent with But I will say the Senator from Nevada ministration—the Vice President, the the conspiracy theory heard through asked by his motion, his amendment, Secretary of State, and the President’s some media channels that somehow that we consider opening at least one Press Secretary—to continue to mis- Saddam Hussein and al-Qaida were in or two pages of this report that reflect lead the American people about facts concert working toward the devasta- directly on statements made by the they now know are not true is unac- tion which occurred on 9/11. Bush administration. ceptable. If we are going to move for- I would suggest that there is more The other side, Senator BOND and ward in this country effectively, on a which I could go into and don’t have others, have suggested that we should bipartisan basis, it has to be based on the time at this moment. But the re- not ask these questions, that we are truth and honesty. As members of this port makes it clear—and most every- looking in the rearview mirror about administration continue to misrepre- one who has taken an objective view of things that happened a long time ago. sent the justification for the war on this makes it clear—that to continue I view this quite a bit differently Iraq and the circumstances in Iraq, is to suggest this relationship with al- than my colleague from Missouri. What it any wonder that a majority of the Qaida is just plain wrong. we are talking about are statements American people are now raising seri- I am going to conclude because I and justifications made by this admin- ous questions about their competence think this is an important debate and istration to justify the invasion of a and judgment when it comes to these one which should continue. It is one country, to justify a war. I believe the important foreign policy decisions? that continues in households across greatest breach of trust in a democracy That is the reason for this moment on America, not just in the homes of fami- is when the leaders mislead the people, the floor today, this time that we have lies of soldiers, those anxious parents and the worst of these is when the peo- taken from the business of the Senate, and loved ones praying for the safety of ple are misled into a war. I can think because it really goes to the heart of our men and women in uniform, but of nothing worse. the issue here. It goes to the heart of also in every other home across Amer- To ask specific questions about the the issue which the American people ica that truly wants to be safe and nature of how we were misled into this are consumed with as they realize that wants to make sure that our men and war is certainly not ancient history, 2,679 of our brave soldiers have now women in uniform are protected, that unworthy of comment or review. It died in Iraq and 19,000 are seriously in- we do everything in our power to make goes to the heart of who we are and jured. this a safe nation. what we are as a democracy. This morning, Senator OBAMA and I We have offered amendments on the So many of us listened, startled by had a town meeting. We do each Thurs- Senate floor to put the 9/11 rec- statements made by Vice President day morning here. And one of those ommendations into law so we will be CHENEY on ‘‘Meet The Press’’ last Sun- soldiers, blinded and severely injured safe at home. Sadly, they were rejected day. Scarcely 2 days after the report of in Iraq, came to visit with us. He was on partisan rollcall. But I can only the Senate Select Committee on Intel- there with his wonderful and brave wife hope that soon we will return to the bi- ligence, Vice President CHENEY and who stood by his side, and other sol- partisan spirit of 5 years ago when we other members of the administration diers, doing his best to get back on his worked together. It would be in the made statements directly contradicted feet and put his life back together. best interests of our country. by the Senate Select Committee on In- That is what this debate is about. I yield the floor. telligence report that had just been re- This isn’t a waste of time over politics. The ACTING PRESIDENT pro tem- leased. Let me be specific. It is a question about the foreign pol- pore. The Senator from Missouri.

VerDate Aug 31 2005 02:00 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G14SE6.047 S14SEPT1 jcorcoran on PRODPC62 with SENATE S9602 CONGRESSIONAL RECORD — SENATE September 14, 2006 Mr. BOND. Mr. President, I thank the cussing in the Senate here this after- ing 0.34 percent of all containers des- Senator from Illinois for calling my at- noon. tined for the United States overseas tention to page 63. I don’t see the infor- I want to start by commending the and of those that were considered high- mation there. It does, on page 65, talk steadfast dedication of my colleague, risk containers, we are only inspecting about George Tenet saying the intel- Senator MURRAY, from the State of about 17.5 percent. ligence indicates that the two sides at Washington, and Senator COLLINS for Given this low inspection rate, it is various points discussed safe haven, their hard work in moving this legisla- really no surprise that each year we training, and reciprocal nonaggression. tion through the Senate, and certainly find illegal immigrants stowed away on And in the report there are three in- Senator STEVENS and INOUYE for their cargo containers destined for the stances of contact cited between al- leadership on this issue. United States. This spring, 22 Chinese Qaida and the Iraqi Government. I want to say that Senator MURRAY stowaways were apprehended at the I also would just follow up on my has done great work both here in Wash- Port of Seattle. So if illegal immi- statement that some of us in this body ington, DC, and at home in the State of grants know that they have a good were misled by the inaccurate intel- Washington to close security gaps. And shot at entering the United States in ligence estimates presented to us by I have enjoyed working with her to cargo containers because of our failure the community. For example, I see this make sure that our ports in Wash- to inspect the contents, it ought to be classic statement: ington State are more secure. no great leap of imagination to expect When you look at what Saddam Hussein Port security ought not to be an that terrorist organizations might also has had at his disposal in terms of chemical, afterthought or an extra security have the same idea. In fact, the C.I.A. biological and perhaps even nuclear weapons, measure when we are talking about se- has reported that a weapon of mass de- we cannot ignore the threat that he poses to curing our borders or securing our struction is most likely to be delivered the region and the fact that he has fomented communities. It should be one of our in the United States by a cargo con- terrorism throughout his reign. key priorities. Washington State tainer entering a seaport. But the prob- That was from Senator DICK DURBIN knows how critical these ports are to lems extend beyond our failure to in- on ‘‘CNN Larry King Live,’’ on Decem- our economy and to our way of life. spect cargo. ber 21, 2001. There are ports all along our shore We have no standards for container But I think we want to get back to lines from Seattle to Vancouver, Bel- locks and seals. We have inadequate the port security bill. I have been lingham, and other cities. They create funding for critical research and devel- asked by Leader FRIST to pass along jobs. They drive economic growth for opment of screening technology. We from a letter just received from CIA the entire northwest. And in the Se- have no international security stand- Director GEN Michael Hayden. attle-Tacoma area, the ports are the ard for conducting terror and back- General Hayden said: third-busiest in the Nation, with over ground checks on port workers. That is The amendment offered by Senator REID, 11,000 containers passing through Se- why, again, the point-of-origin issue seeks to declassify and make public CIA in- attle and Tacoma daily. and working internationally is so im- ternal communications that include personal That’s more than 4 million con- portant. commentary and judgment. We hold these tainers a year. That is more than kinds of cables to the highest standard of se- The accuracy of cargo manifest infor- crecy within our organization, and would 100,000 workers in the Puget Sound mation submitted to customs is also a only share them outside of CIA under certain area including longshoremen and major problem, especially when we’re specific conditions. freight forwarders and others who de- using this information as part of a sys- I provided this information over the objec- pend on the ports of Seattle and Ta- tem—the Automated Targeting System tion of many of my officers, after receiving coma for their jobs. And certainly they or ATS—to identify high-risk cargo. assurances from the Chairman that it would want to see them safe and secure. Last We recently, at the Port of Seattle had be treated as highly sensitive material. That year the ports of Seattle and Tacoma this made clear to us. That is when in is why I am so disappointed that this amend- ment is being considered at this time. In ad- combined to move more than $45 bil- August, Customs identified two sus- dition, I am deeply disappointed that some lion in revenue from imports and $12 picious containers and set them aside have already characterized the cable’s con- billion in U.S. exports. But these are for inspection. They thought that there tents in the media. not just the homes—these ports—to were things contained in there that He also talks about the information international trade. bomb-sniffing dogs detected were ex- coming in from Chiefs of Station. Puget Sound is also the home to plosives. Thankfully for us in the He said: America’s largest ferry transportation Puget Sound area, it was a false alarm. No COS has ever written one of these ca- system, with more than 26 million pas- But it made all too clear the poten- bles expecting it to be made public, and no sengers and 11 million vehicles trav- tial for disasters at our ports with to- COS will use his channel again without fear- eling throughout Puget Sound and to day’s standards. With the high risk of ing it will become public, if Congress de- and from British Colombia. Despite terrorists placing weapons of mass de- mands declassification. these numbers of trade and economic struction in containers during transit, He also said: development and of passenger move- we need to begin securing container Further . . . it contains pre-decisional ex- ment and cargo container movement, doors with tamper-proof locks and ecutive branch information. there are still clear vulnerabilities. seals, instead of what we are doing Finally, he said: For too long, too little has been today, which sometimes can often be Lastly, a critical way in which our Nation done, I believe, to protect our ports and just a 10-cent zip lock or the equiva- gathers intelligence is with the support of to improve the protections on our fer- lent. our liaison partners. If these partners fear ries. This bill will take a step forward Many containers are filled with cargo that their support for CIA activities will be on both of those issues. Right now we from more than one source, which also made public, it will make them reluctant to are inspecting the contents of less than makes this transfer and tracking chal- cooperate with my agency. This will, I as- 3 percent of the more than 6 million lenging. In fact, during a hearing be- sure you, curtail the intelligence made avail- containers entering our country each fore the Senate Finance Committee, able to the CIA and could create gaps in the year. Most of this inspection occurs final intelligence made available to policy- the CEO of the Port of Seattle, Mic makers. I ask your help in defeating this ef- after the container is off loaded and Dinsmore, put it this way—quote—‘‘as fort in the Senate, and for your help in pro- sitting on the docks of a U.S. port. The ships make its way to the U.S., it tecting both CIA’s sources and methods as reality is that by then it is too late. might well stop at several other ports. well as our ability to work cooperatively And so working on point-of-origin Throughout this process, at least seven with the Oversight Committees. issues is very important as my col- different handlers may have access to I yield the floor. leagues, Senators MURRAY and COLLINS the containers before it even arrives in The ACT1NG PRESIDENT pro tem- understand. the United States. Every stage in the pore. The Senator from Washington. The Permanent Subcommittee on In- supply change creates additional hur- Ms. CANTWELL. Mr. President, I vestigations, which Senators COLEMAN dles for monitoring this cargo.’’ rise to discuss the Port Security Act of and LEVIN lead, issued a report in That’s why we need to make im- 2006, the underlying bill we are dis- March that stated we are only inspect- provements as this legislation does, to

VerDate Aug 31 2005 02:00 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G14SE6.048 S14SEPT1 jcorcoran on PRODPC62 with SENATE September 14, 2006 CONGRESSIONAL RECORD — SENATE S9603 improve the systems that hold the partners implement. The Coast Guard they are teeming with customs and— shippers accountable for accurate in- is authorized under the Maritime teaming with customs and border pro- formation like is required under the Transportation Security Act to con- tection to develop and test this tech- Customs-Trade Partnership Against duct inspections of foreign countries nology to scan rail transport con- Terrorism. C-TPAT is a good start. But and their ports to validate their com- tainers for radiation. Many container as has been reported, there is more to pliance with the International Ship ports and transport—container ports be done, particularly validating the and Port Facility Security code, ISPS. and transport companies are moving to participants of this program. Senator Currently the Coast Guard only has on-dock rail systems to reduce the MURRAY has been a leader in this area 34 inspectors as part of the agency’s costs and improve efficiency and lessen in working with Operation Safe Com- international port security program to the Environmental impact of using merce, a program to identify ways to review the more than 140 countries trucks. So more and more of the con- better secure the supply chain, includ- that are shipping cargo to the United tainer business is moving towards rail. ing cargo containers. But these threats States. To date the Coast Guard has For example, the Port at Tacoma are real, and we can’t wait any longer. only been able to inspect ports in about helped lead the way in this transition This legislation makes important 59 out of those 140 countries. We need as the first port in the U.S. to develop critical improvements to the current to reinforce this relationship. We need an on-dock intermodal rail yard. So regime. It authorizes $400 million for to maintain a standard with these for- today, approximately 72 percent of the port security grants and it makes im- eign governments, these ports, these cargo arriving at the Port of Tacoma is provements to the Container Security private sector entities to ensure that transported by rail directly from the Initiative, a program that is important we have adequate intelligence and se- terminal. So we want to make sure right now for inspecting cargo, as I curity measures and that they are in that there is a screening process avail- said, at the point of origin; and with place before these ships heave and are able that will help us make sure that the Customs-Trade Partnership destined for the United States. That is the United States in cargo rail-trans- Against Terrorism program, the public- why I am proud to sponsor an amend- ported shipments are more secure. This private initiative that secures that ment with Senator SNOWE, the chair- underlying language in the bill will supply chain. woman of the Coast Guard Sub- help us get the right technology test This legislation directs the depart- committee that would authorize the done and the right deployment of the ment to establish minimum standards Coast Guard to add additional per- technology. for container security, and it author- sonnel to complete the inspection of Since 9/11 we have taken many steps izes the Department of Homeland Secu- foreign ports by the end of 2008 and to enhance security infrastructure of rity to accelerate the deployment of maintain a 2-year cycle for reinspec- our seaports, but further improvements radiation detection equipment. It also tion. Currently the Coast Guard main- can and must be made. We know the authorizes the testing of systems to tains a reinspection cycle about every 4 challenges that are facing us, and we improve scanning of containers over- to 5 years, so this basic step, I believe, know what would happen if a terrorist seas. To make this possible, I was is critical to gathering adequate infor- struck our ports. Millions in my State proud to cosponsor this legislation ear- mation—gathering adequate informa- live, work, and commute around Puget lier this summer in directing the De- tion about cargo entering the United Sound. Many are mere yards from the partment of Homeland Security to con- States before it reaches our ports. It port, making it a very devastating im- duct a pilot program where we have also helps us identify countries who are pact on the populace of Puget Sound. If seen at the Port of Hong Kong good re- not compliant with International such an environmental disaster would sult from this technology that I think standards and helps us identify those happen. And the economic impact, I will help us move closer to our goal for high-risk vessels and cargoes. But we should say, would also be disastrous. 100 percent container inspection. have to also improve at home our abil- We saw in 2002, when the west coast Now, this pilot program is just initi- ity to scan for those containers that had a closure of a few of our ports, it ated at three foreign ports, and we will are going to be loaded onto rail cars. cost our national economy $1 billion a need to work hard at expanding it. This So the second amendment, that I am day. So the Ports of Seattle, Tacoma, underlying bill also includes language glad that the managers of this under- Vancouver, Everett and our other to us in improving the screening for lying package have accepted, directs major ports are gateways to supplies our ferry systems in Washington state, the Department of Homeland Security and products corning to the entire Na- particularly those coming into the to establish an Intermodal Rail Radi- tion through the State of Washington. United States from Canada. Right now ation Detection Test Center and test Without them, everything from jobs, some ferry runs from Canada aren’t technology that can scan containers on productivity and economic growth being screened for explosives before de- rail for radiation. Now, currently, the slows down or stops. By making a real parting for the United States. In an U.S. Customs officials do not scan con- commitment to improving security at F.B.I. Report in 2004, the National tainers that are loaded directly on to our ports and the cargoes that move Threat Assessment named vehicle- rail. For us in the Pacific Northwest, throughout our country, we will have a borne explosives as the type of weapon this is an important issue since so more secure Nation. We will create jobs that al-Qaida would most likely use for much of our cargo comes through our and a faster economic growth for the a maritime attack. The lack of explo- Ports and onto rail systems and is then entire country. So I want to commend sives screening not just impacts the moved throughout the United States. the managers of this legislation for passengers on board the ferries, but Though scanning containers trans- their commitment in moving this leg- those communities and coastal regions ported on rail cars does present a for- islation at this time and continuing to where this ferry transportation exists. midable challenge, we must step up to push on this difficult task. But I also That’s why this inclusion in the under- that challenge. want to remind my colleagues, as one lying bill is so important for us in the The 2006 Government Accountability port security expert said, Stephen northwest. Office report on combatting nuclear Flynn of the Council on Foreign Rela- To build on many of the other crit- smuggling stated ‘‘to speed seaport de- tions—quote—‘‘We are living on bor- ical provisions in this bill, there are velopment and to help ensure that fu- rowed time.’’—So I believe the meas- two amendments that I offered that ture rail deployments proceed on time, ures in this Port Security legislation were included. The first would improve we recommend that the Secretary of are long overdue, and I hope my col- inspection of foreign ports, the point of Homeland Security in cooperation with leagues work to see it passed this after- origin for cargo entering the United the Commissioner of C.B.P. develop noon. States. The U.S. has an obligation to procedures for effectively screening Mr. President, I yield the floor. ensure that our international strict se- rail containers and implementing new I yield the floor. curity standards and a way to enforce technologies to facilitate this.’’ The ACTING PRESIDENT pro tem- them. Just a few weeks ago, I had a chance pore. The Senator from Maine. We’re only going to be as safe as the to tour the Pacific Northwest National Ms. COLLINS. Mr. President, I sug- inspection process that our foreign Laboratory in Richland, WA, where gest the absence of a quorum.

VerDate Aug 31 2005 02:00 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A14SE6.023 S14SEPT1 jcorcoran on PRODPC62 with SENATE S9604 CONGRESSIONAL RECORD — SENATE September 14, 2006 The ACTING PRESIDENT pro tem- ‘‘(ii) violence against maritime navigation ‘‘(i) Espionage or conspiracy to commit es- pore. The clerk will call the roll. under section 2280 of title 18; pionage. The legislative clerk proceeded to ‘‘(iii) forgery of certificates of documenta- ‘‘(ii) Sedition or conspiracy to commit se- call the roll. tion, falsified vessel identification, or other dition. ‘‘(iii) Treason or conspiracy to commit Mr. STEVENS. Mr. President, I ask vessel documentation violation under sec- tion 12507 or 12122 of this title; treason. unanimous consent that the order for ‘‘(iv) interference with maritime commerce ‘‘(iv) A crime listed in chapter 113B of title the quorum call be rescinded. under section 2282A of title 18; 18, a comparable State law, or conspiracy to The ACTING PRESIDENT pro tem- ‘‘(v) improper transportation of a haz- commit such crime. pore. Without objection, it is so or- ardous material under section 46312 of title ‘‘(v) A crime involving a transportation se- dered. 49; curity incident. In this clause, a transpor- tation security incident— AMENDMENTS NOS. 4970, AS AMENDED BY AMEND- ‘‘(vi) piracy or privateering under chapter ‘‘(I) is a security incident resulting in a MENT NO. 5007; 4942, AS MODIFIED; 4952, AS 81 of title 18; significant loss of life, environmental dam- MODIFIED; 4961, AS MODIFIED; 4966, AS MODI- ‘‘(vii) firing or tampering with vessels age, transportation system disruption, or FIED; 4997, AS MODIFIED; AND 4983, AS MODI- under section 2275 of title 18; economic disruption in a particular area (as FIED, EN BLOC ‘‘(viii) carrying a dangerous weapon or ex- defined in section 70101 of title 46); and Mr. STEVENS. Mr. President, I have plosive aboard a vessel under section 2277 of title 18; ‘‘(II) does not include a work stoppage or another so-called managers’ package, a ‘‘(ix) failure to heave to, obstruction of other nonviolent employee-related action, series of amendments that have been boarding, or providing false information resulting from an employer-employee dis- cleared by the managers on both sides. under section 2237 of title 18; pute. There are three committees involved. ‘‘(x) imparting or conveying false informa- ‘‘(vi) Improper transportation of a haz- They have been cleared on a bipartisan tion under section 2292 of title 18; ardous material under section 5124 of title 49, basis. ‘‘(xi) entry by false pretense to any seaport or a comparable State law;. ‘‘(vii) Unlawful possession, use, sale, dis- I will send to the desk the amend- under section 1036 of title 18; ‘‘(xii) murder; tribution, manufacture, purchase, receipt, ments and I will present them at this transfer, shipping, transporting, import, ex- time. ‘‘(xiii) assault with intent to murder; ‘‘(xiv) espionage; port, storage of, or dealing in an explosive or The ACTING PRESIDENT pro tem- ‘‘(xv) sedition; incendiary device (as defined in section 232(5) pore. Without objection, it is so or- ‘‘(xvi) kidnapping or hostage taking; of title 18, explosive materials (as defined in dered. ‘‘(xvii) treason; section 841(c) of title 18), or a destructive de- Mr. STEVENS. I have the DeMint ‘‘(xviii) rape or aggravated sexual abuse; vice (as defined in 921(a)(4) of title 18). amendment No. 4970, as amended by ‘‘(xix) unlawful possession, use, sale, dis- ‘‘(viii) Murder. amendment No. 5007. It is at the desk. tribution, or manufacture of an explosive or ‘‘(ix) Conspiracy or attempt to commit any weapon; of the crimes described in clauses (v) through I have the Lautenberg amendment No. (viii). ‘‘(xx) extortion; 4942, as modified; the Vitter amend- ‘‘(x) A violation of the Racketeer Influ- ‘‘(xxi) armed or felony unarmed robbery; ment No. 4952, as modified; the Vitter enced and Corrupt Organizations Act (18 ‘‘(xxii) distribution of, or intent to dis- U.S.C. 1961 et seq.), or a comparable State amendment No. 4961, as modified; the tribute, a controlled substance; law, if 1 of the predicate acts found by a jury Rockefeller amendment No. 4966, as ‘‘(xxiii) felony arson; or admitted by the defendant consists of 1 of modified; the Menendez amendment ‘‘(xxiv) a felony involving a threat; the offenses listed in clauses (iv) and (viii). No. 4997, as modified; and the Schumer ‘‘(xxv) a felony involving illegal possession ‘‘(xi) Any other felony that the Secretary of a controlled substance punishable by a amendment No. 4983, as modified. determines to be a permanently disquali- maximum term of imprisonment of more This is a package that has been fying criminal offense. than 1 year, willful destruction of property, cleared totally. That is my under- ‘‘(B) INTERIM DISQUALIFYING CRIMINAL OF- importation or manufacture of a controlled standing. I ask the amendments be pre- FENSES.—Except as provided under paragraph substance, burglary, theft, dishonesty, fraud, sented en bloc, they be considered en (2), an individual is disqualified from being misrepresentation, possession or distribution issued a biometric transportation security bloc, they be agreed to en bloc, and the of stolen property, aggravated assault, or motion to reconsider be laid upon the card under subsection (b) if the individual bribery; or has been convicted, or found not guilty by table. ‘‘(xxvi) conspiracy or attempt to commit reason of insanity, during the 7-year period The ACTING PRESIDENT pro tem- any of the criminal acts listed in this sub- ending on the date on which the individual pore. The Senator from Washington. paragraph; applies for such or card, or was released from Mrs. MURRAY. We will not object on ‘‘(B) may be denied admission to the incarceration during the 5-year period end- this side. United States or removed from the United ing on the date on which the individual ap- The ACTING PRESIDENT pro tem- States under the Immigration and Nation- plies for such a card, of any of the following pore. Without objection, it is so or- ality Act (8 U.S.C. 1101 et seq.); or felonies: ‘‘(C) otherwise poses a terrorism security ‘‘(i) Assault with intent to murder. dered. risk to the United States.’’. The amendments were agreed to, as ‘‘(ii) Kidnapping or hostage taking. AMENDMENT NO. 5007 ‘‘(iii) Rape or aggravated sexual abuse. follows: (Purpose: To prohibit the issuance of trans- ‘‘(iv) Unlawful possession, use, sale, manu- AMENDMENT NO. 4970 portation security cards to individuals who facture, purchase, distribution, receipt, (Purpose: To prohibit the issuance of trans- have been convicted of certain crimes) transfer, shipping, transporting, delivery, portation security cards to individuals who In lieu of the matter proposed to be in- import, export of, or dealing in a firearm or have been convicted of certain crimes) serted, insert the following: other weapon. In this clause, a firearm or At the appropriate place, insert the fol- SEC. ll. PROHIBITION OF ISSUANCE OF TRANS- other weapon includes, but is not limited lowing: PORTATION SECURITY CARDS TO to— SEC. ll. PROHIBITION OF ISSUANCE OF TRANS- CONVICTED FELONS. ‘‘(I) firearms (as defined in section 921(a)(3) PORTATION SECURITY CARDS TO Section 70105 of title 46, United States of title 18); and CONVICTED FELONS. Code, is amended— ‘‘(II) items contained on the United States Section 70105 of title 46, United States (1) in subsection (b)(1), by striking ‘‘de- Munitions Import List under 447.21 of title 27 Code, is amended— cides that the individual poses a security Code of Federal Regulations. (1) in subsection (b)(1), by striking ‘‘de- risk under subsection (c)’’ and inserting ‘‘de- ‘‘(v) Extortion. cides that the individual poses a security termines under subsection (c) that the indi- ‘‘(vi) Dishonesty, fraud, or misrepresenta- risk under subsection (c)’’ and inserting ‘‘de- vidual poses a security risk’’; and tion, including identity fraud. termines under subsection (c) that the indi- (2) in subsection (c), by amending para- ‘‘(vii) Bribery. vidual poses a security risk’’; and graph (1) to read as follows: ‘‘(viii) Smuggling. (2) in subsection (c), by amending para- ‘‘(1) DISQUALIFICATIONS.— ‘‘(ix) Immigration violations. graph (1) to read as follows: ‘‘(A) PERMANENT DISQUALIFYING CRIMINAL ‘‘(x) A violation of the Racketeer Influ- ‘‘(1) Except as provided under paragraph OFFENSES.—Except as provided under para- enced and Corrupt Organizations Act (18 (2), an individual shall be deemed to pose a graph (2), an individual is permanently dis- U.S.C. 1961, et seq.) or a comparable State security risk under this section if the Sec- qualified from being issued a transportation law, other than a violation listed in subpara- retary determines that the individual— security card under subsection (b) if the indi- graph (A)(x). ‘‘(A) has been convicted (or has been found vidual has been convicted, or found not ‘‘(xi) Robbery. not guilty by reason of insanity) of— guilty by reason of insanity, in a civilian or ‘‘(xii) Distribution of, possession with in- ‘‘(i) destruction of a vessel or maritime fa- military jurisdiction of any of the following tent to distribute, or importation of a con- cility under section 2291 of title 18; felonies: trolled substance.

VerDate Aug 31 2005 02:00 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G14SE6.052 S14SEPT1 jcorcoran on PRODPC62 with SENATE September 14, 2006 CONGRESSIONAL RECORD — SENATE S9605 ‘‘(xiii) Arson. AMENDMENT NO. 4997, AS MODIFIED The legislative clerk read as follows: ‘‘(xiv) Conspiracy or attempt to commit On page 18, between lines 22 and 23, insert The Senator from California [Mrs. BOXER] any of the crimes in this subparagraph. the following: proposes an amendment numbered 4995. ‘‘(xv) Any other felony that the Secretary (b) RISK MANAGEMENT PLAN.— (Purpose:) To require the placement of balss- determines to be a disqualifying criminal of- time Security Committee shall develop a fense under this subparagraph. resistant cargo container on all commer- Port Wide Risk Management Plan that in- cial passenger aircraft) ‘‘(C) OTHER POTENTIAL DISQUALIFICATIONS.— cludes— Except as provided under subparagraphs (A) (A) security goals and objectives, sup- At the appropriate place, insert the fol- and (B), an individual may not be denied a ported by a risk assessment and an evalua- lowing: transportation security card under sub- tion of alternatives; SEC. ll. BLAST-RESISTANT CONTAINERS. section (b) unless the Secretary determines (B) a management selection process; and Section 41704 of title 49, United States that individual— (C) active monitoring to measure effective- Code, is amended by adding at the end the ‘‘(i) has been convicted within the pre- ness. following: ‘‘Each aircraft used to provide air ceding 7-year period of a felony or found not (2) RISK ASSESSMENT TOOL.—The Secretary transportation for individuals and their bag- guilty by reason of insanity of a felony— of the Department in which the Coast Guard gage or other cargo shall be equipped with ‘‘(I) that the Secretary believes could is operating shall make available, and Area not less than 1 hardened, blast-resistant cause the individual to be a terrorism secu- Maritime Security Committees shall use, a cargo container. The Department of Home- rity risk to the United States; or risk assessment tool that uses standardized land Security will provide each airline with ‘‘(II) for causing a severe transportation risk criteria, such as the Maritime Security sufficient blast-resistant cargo containers 90 security incident; Risk Assessment Tool used by the Coast days after the Department of Homeland Se- ‘‘(ii) has been released from incarceration Guard, to develop the Port Wide Risk Man- curity’s pilot program is completed’’. within the preceding 5-year period for com- agement Plan. Mr. STEVENS. Mr. President, par- mitting a felony described in clause (i); On page 19, line 16, strike ‘‘and’’. ‘‘(iii) may be denied admission to the On page 19, line 18, strike the period at the liamentary inquiry: Is this amendment United States or removed from the United end and insert ‘‘; and’’. germane? States under the Immigration and Nation- On page 19, between lines 18 and 19, insert The ACTING PRESIDENT pro tem- ality Act (8 U.S.C. 1101 et seq.); or the following: pore. The amendment is not germane. ‘‘(iv) otherwise poses a terrorism security ‘‘the Port Security Improvement Act of 2006. Mr. STEVENS. I make a point of risk to the United States.’’. On page 19, strike line 24 and insert the fol- order that it is not germane. AMENDMENT NO. 4942, AS MODIFIED lowing: The ACTING PRESIDENT pro tem- At the appropriate place, insert the fol- for Preparedness, may require. pore. The point of order is sustained. ‘‘(h) REPORTS.—Not later than 180 days lowing: The Senator from California. SEC. ———. THREAT ASSESSMENT SCREENING OF after the date of the enactment of the Port PORT TRUCK DRIVERS. Security Improvement Act of 2006, the Sec- Mrs. BOXER. Mr. President, I am Subject to the availability of appropria- retary, acting through the Commandant of very disappointed. We have looked tions, within 90 days after the date of enact- the Coast Guard, shall submit a report to through this bill and we have seen an ment of this Act, the Secretary of Homeland Congress, in a secure format, describing the amendment that we believe gives Sen- Security shall implement a threat assess- methodology used to allocate port security ators the opening to offer this. It was ment screening, including name-based grant funds on the basis of risk.’’. coming from the other side. It was the checks against terrorist watch lists and im- AMENDMENT NO. 4983, AS MODIFIED Burns amendment that dealt with an migration status check, for all port truck (Purpose: To carry out an ‘‘Apollo Project’’ issue close to this. I will not argue drivers that is the same as the threat assess- to research and develop new technology for that. ment screening required for facility employ- the accurate and effective detection and What I say to my colleagues today is ees and longshoremen by the Commandant of prevention of nuclear and radiological the Coast Guard under Coast Guard Notice threats to United States seaports) this: We are very fortunate we have a homeland defense bill before the Sen- USCG–2006–24189 (Federal Register, Vol. 71, On page 20, between lines 8 and 9, insert No. 82, Friday, April 28, 2006). the following: ate. We are very fortunate Senators AMENDMENT NO. 4952, AS MODIFIED (d) CONTAINER SCANNING TECHNOLOGY COLLINS and MURRAY work in a bipar- On page 14, line 22, after the period, insert GRANT PROGRAM.— tisan way on a homeland security bill the following: ‘‘The regulations shall include (1) NUCLEAR AND RADIOLOGICAL DETECTION that deals with port security. We are a background check process to enable newly DEVICES.—Section 70107(m)(1)(C) of title 46, further blessed that Senators have the hired workers to begin working unless the United States Code, as redesignated by sub- guts to step up and offer amendments Secretary makes an initial determination section (b), is amended by inserting ‘‘, under- dealing with rail security and transit water or water surface devices, devices that that the worker poses a security risk. Such security. They were agreed to, thereby process shall include a check against the can be mounted on cranes and straddle cars consolidated and integrated terrorist watch used to move cargo within ports, and scan- broadening the scope of this bill. list maintained by the Federal Govern- ning and imaging technology’’ before the However, it is amazing to me that ment.’’. semicolon at the end. after we have observed and marked the (3) USE OF FUNDS.—Amounts appropriated AMENDMENT NO. 4961, AS MODIFIED fifth anniversary of September 11 we pursuant to this section shall be used for would turn away from a simple amend- In the appropriate place insert the fol- grants to be awarded in a competitive proc- lowing: BASIS FOR GRANTS.—Section 70107(a) ment that I am offering, which costs as ess to public or private entities for the pur- much money as it takes for the war in of title 46, United States Code, is amended by pose of researching and developing nuclear inserting ‘‘, energy’’ between ‘‘national eco- and radiological detection equipment de- Iraq in 5 hours—5 hours of the war in nomic’’ and ‘‘and strategic defense con- scribed in section 70107(m)(1)(C) of title 46, Iraq. We could take that amount of cerns.’’. United States Code, as amended by this sec- funding and make sure that on every AMENDMENT NO. 4966, AS MODIFIED tion. passenger plane in this country that At the appropriate place insert the fol- (4) AUTHORIZATION OF APPROPRIATIONS.— carries cargo there would be at least lowing: There are authorized to be appropriated a one blast-resistant cargo container. SEC. ———. AIRCRAFT CHARTER CUSTOMER AND total of $70,000,000 for fiscal years 2008 Everyone lauded the 9/11 Commis- LESSEE PRESCREENING PROGRAM. through 2009 for the purpose of researching sion. Let’s see what they said about and developing nuclear and radiological de- (a) IMPLEMENTATION STATUS.—Within 180 this. days after the date of enactment of this Act, tection equipment described in section the Comptroller General shall assess the De- 70107(m)(1)(C) of title 46, United States Code, The TSA should require that every pas- partment of Homeland Security’s aircraft as amended by this section. senger aircraft carrying cargo must deploy charter customer and lessee prescreening AMENDMENT NO. 4995 at least one hardened container to carry any process mandated by section 44903(j)(2) of The ACTING PRESIDENT pro tem- suspect cargo. title 49, United States Code, and report on pore. The Senator from California. That is the 9/11 Commission Report. the status of the program, its implementa- Mrs. BOXER. Mr. President, I call up That is dated July 22, 2004. tion, and its use by the general aviation amendment No. 4995 and I ask for its The other side is objecting on some charter and rental community and report thin parliamentary threat and hiding the findings, conclusions, and recommenda- immediate consideration. tions, if any, of such assessment to the Sen- The ACTING PRESIDENT pro tem- behind it. It is outrageous. I cannot ate Committee on Commerce, Science, and pore. Without objection, it is so or- wait to tell the people of this country Transportation and the House of Representa- dered. that for 5 hours of the cost of the war tives Committee on Homeland Security. The clerk will report. in Iraq, every airplane that has cargo

VerDate Aug 31 2005 03:26 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A14SE6.020 S14SEPT1 jcorcoran on PRODPC62 with SENATE S9606 CONGRESSIONAL RECORD — SENATE September 14, 2006 would have at least one blast-resistant The Senator from Alaska. costs as much as 5 hours of the war in container so that if there is a bomb on Mr. STEVENS. Mr. President, before Iraq? The RECORD will show what hap- that plane it will be contained. because that time commences, I want to answer pened here today. only the suspect cargo would go into the Senator from California. Canine Mr. President, I thank you and yield that particular container. teams are the most effective way to the floor. I do not understand what we are screen cargo transporter and passenger The ACTING PRESIDENT pro tem- doing here. We have a good bill. We can planes. Dogs can screen large quan- pore. The Senator from New Jersey. make this bill better. The first thing I tities of cargo more quickly than any AMENDMENT NO. 4942 heard from my colleagues on the other other available methods. One dog team Mr. LAUTENBERG. Mr. President, I side of the aisle is, oh, they did not can screen all the cargo on a 777 in 13 just want to say a few words about an want the airlines to have to pay the minutes. amendment, No. 4942, that was accept- $15,000 per container—$15,000. It is a Now, there is just no reason for these ed in the managers’ package. $150 million aircraft, but they did not containers that the Senator from Cali- On April 28 of this year, the adminis- want the airlines to pay $15,000. Fine. I fornia wants to use, no reason to per- tration announced a plan to check ‘‘all said we will make sure the Transpor- mit high-risk cargo aboard an aircraft. individuals seeking access to port fa- tation Security Agency gets those con- The hardened containers would only be cilities. . . .’’ They wanted to check all tainers to the airlines. That is fine. able to contain a blast of limited qual- individuals seeking access to port fa- That is fair. ity of explosive material and would cilities. The plan was to check these The Homeland Security Department only be available for wide-body air- individuals’ names against the ter- now has a test program. We know these craft. rorist watch list and to check for citi- things work. So let all of America hear That amendment is not pertinent to zenship status. But a major loophole it today. For all the talk about the 9/11 this bill. This is not an airplane bill. was created when it intentionally left Commission Report and how great it This is not an aircraft bill. It is not an out port truck drivers from this proc- was and how fair it was and how bipar- airline bill. It is a port and railroad se- ess. Now, we are reminded that when the tisan it was, how good it was, how clear curity bill. That is why I objected. And first attack on the World Trade Center, it was, this very simple recommenda- I thank the Chair for ruling it was not in 1993, took place, the explosives were tion that every passenger aircraft car- germane. hidden in a van. When the Murrah rying cargo must deploy at least one The ACTING PRESIDENT pro tem- Building in Oklahoma City was blown hardened container to carry any sus- pore. The Senator from California. up, the explosives were hidden in a van. pect cargo, this Republican Senate Mrs. BOXER. Mr. President, if I may And not to recognize that these trucks would not allow a vote. respond, this is not my idea, I say to entering a port area could be carrying You are going to hear all kinds of my good friend from Alaska, with anything—whether it is taking cargo words about why it is not germane, and whom I have had many good debates. containers out of the port that had we are doing something else somewhere This is a recommendation of the 9/11 been brought to our shores from for- else. Do you know what? This is sim- Commission. We all know there are eign ports or whether it is taking an ple. This would do the trick. This is sniffing dogs going through the air- empty cargo container back into the not costly. It would not even rate an ports. I voted to make sure that hap- pened. But we also know we are talking port—my gosh, you could almost hide a asterisk in the Federal Government. tank in one of those. about a layered defense. So I am very sad to see that we can- So to me it really did not make sense I want to know what the Senator not vote on this amendment. But I will when the Department of Homeland Se- from Alaska would say if this cargo be back another day with it. You can curity’s excuse was that it was simply blew up on a plane. I do not think he be sure of that. too hard to do, to vet all of these truck would be down here saying: Well, I sup- I thank you very much, Mr. Presi- drivers who come in, and get them an ported making sure we had canine dent. I yield the floor. ID card to show they have been The ACTING PRESIDENT pro tem- teams. I will tell you right now, either checked for any security concerns. Cer- pore. The Senator from Maine. we are going to do homeland defense or tainly, I do not think that is a valid ex- Ms. COLLINS. Mr. President, I ask we are not. cuse when it comes to protecting us The Senator is right, this is a port unanimous consent that the vote on from a terrorist attack. ‘‘Too hard’’ is the motion to table the SCHUMER security bill. But we have broadened it. never an acceptable reason. Just look amendment No. 4930 occur at 4 p.m., I know he was not thrilled about that, at our brave troops in Iraq and in other with no second degrees in order prior and neither was the other manager. places, places of great danger. No one to that vote. I further ask consent that They wanted to keep it to port secu- is saying it is too hard. They are doing following that vote, the bill be read a rity. Why? Why not keep our people their duty to protect all of us and our third time, and the Senate proceed to a safe, not only when you are dealing interests. vote on passage of the bill, with no in- with port security but with air security One of the largest truck driver labor tervening action or debate. and rail security and transit security? organizations in the world fully sup- The ACTING PRESIDENT pro tem- So this idea I have laid out here is ports my amendment. They know they pore. Is there objection? not my idea. It is directly from the have nothing to hide, and they want to The Senator from Washington. 9/11 Commission Report. And let the know that their workplaces are secure Mrs. MURRAY. Mr. President, if I RECORD show that all kinds of talk from terrorism. could just ask that Senator SCHUMER about, oh, how safe we are because we The amendment simply requires that be given 2 minutes to speak prior to have the canine teams, that is just part the IDs of truck drivers who have ac- the vote. of a layered defense. The 9/11 Commis- cess to secure areas of ports be checked The ACTING PRESIDENT pro tem- sion knows this, understands this. against terrorist watch lists and to pore. Is there objection? It would have been very simple to confirm their American citizenship. The Senator from Washington. have a vote on this amendment and add Earlier this year, DHS Customs En- Mrs. MURRAY. Mr. President, I mod- this very simple, inexpensive addition forcement agents did an investigation ify my request to ask that there be 4 to this bill. But I guess it goes back to of port truck drivers. Of about 10,000 minutes equally divided. what Mr. Chertoff said the other day. I port truck drivers working in the Port The ACTING PRESIDENT pro tem- guess it just is not a priority. He said: of New York and New Jersey, almost pore. Is there objection to there being Oh, we are going to go bankrupt pro- half had criminal histories. Some had 4 minutes equally divided between both tecting the people. I am basically para- been charged with the possession of sides before the vote? phrasing what he said. Bin Laden millions of dollars of stolen pharma- Ms. COLLINS. No objection, and I so wants us to go broke, he said. No. Bin ceutical goods, or trying to smuggle modify my request. Laden wants to kill us. Yes, he wants cocaine and Iranian carpets into the The ACTING PRESIDENT pro tem- to kill us. United States. pore. Without objection, it is so or- So why are we walking away from a This failure to check port truck driv- dered. 9/11 Commission recommendation that ers along with all other port workers is

VerDate Aug 31 2005 03:26 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G14SE6.054 S14SEPT1 jcorcoran on PRODPC62 with SENATE September 14, 2006 CONGRESSIONAL RECORD — SENATE S9607 a dangerous shortcut. It is unaccept- Mr. SCHUMER. Mr. President, I ask The ACTING PRESIDENT pro tem- able. When it comes to protecting our unanimous consent that the order for pore. Is there a sufficient second? security, we do not seek shortcuts. We the quorum call be rescinded. There is a sufficient second. The ques- do not want to. We want full measures The ACTING PRESIDENT pro tem- tion is on agreeing to the motion. taken to keep us, our families, our con- pore. Without objection, it is so or- The clerk will call the roll. stituents, and the people in the area dered. The legislative clerk called the roll. safe. The Senator from New York is recog- Mr. MCCONNELL. The following Sen- I want to thank the manager, the nized for 2 minutes. ator was necessarily absent: The Sen- Senator from Maine, and Senator STE- Mr. SCHUMER. Thank you, Mr. ator from Rhode Island (Mr. CHAFEE). VENS from Alaska for accepting this President. Mr. DURBIN. I announce that the Let me say this amendment is a very amendment. It will help make sure our Senator from Hawaii (Mr. AKAKA) is attempts for security are better ful- simple one. It says within 4 years we necessarily absent. filled. I thank them. and I thank the must have all of our cargo inspected The PRESIDING OFFICER (Mr. for nuclear weapons. We have been try- chairman for working with me on this CHAMBLISS). Are there any other Sen- important issue. I understand there ing to do this for 5 years—close to 5 ators in the Chamber desiring to vote? may be concerns with some technical years—and what we have gotten is a lot The result was announced—yeas 61, of studies, pilot projects. aspects of my amendment, but I think nays 37, as follows: And now I have seen it with my own it is clear that everyone here recog- eyes. Others have here, too. It can be [Rollcall Vote No. 248 Leg.] nizes the problem of not checking port done. It is done in Hong Kong on two YEAS—61 truck driver names against the terror lines. It costs about $8—once it is fully Alexander DeWine McConnell watch list and for citizenship status. going, per container, nothing because Allard Dole Murkowski Mr. STEVENS. I agree and I commit Allen Domenici Murray it costs $2,000 to send a container over. to working with the Senator to see Baucus Ensign Nelson (NE) This does not cost the taxpayers any Bennett Enzi that we do our best to make this law. Roberts money. And this is the greatest—great- Bond Frist Santorum AMENDMENT NO. 4930, AS MODIFIED est—terrorist act that could befall us: Brownback Graham Sessions The ACTING PRESIDENT pro tem- Bunning Grassley Shelby a nuclear weapon smuggled into this Burns Gregg Smith pore. Under the previous order, there country and exploded, God forbid. Can Burr Hagel Snowe are 4 minutes equally divided between Cantwell Hatch any one of us say we have done every- Specter the proponents and opponents of the thing we can to stop it? No. Chambliss Hutchison Coburn Inhofe Stevens Schumer amendment. The fact that this amendment has Cochran Inouye Sununu Who yields time? drawn such controversy and has fo- Coleman Isakson Thomas The Senator from Maine. cused attention on the issue has shown Collins Kyl Thune Ms. COLLINS. Mr. President, I will that when you put in a deadline, you Conrad Landrieu Vitter Cornyn Lott Voinovich yield myself 1 minute, and then I will get things done. Craig Lugar Warner reserve a minute for after Senator When you do pilot projects and stud- Crapo Martinez Wyden SCHUMER speaks. ies—especially because Department of DeMint McCain Mr. President, I urge my colleagues Homeland Security has not done a very NAYS—37 to join me in voting to table the good job in this, the most important of Bayh Harkin Nelson (FL) amendment offered by the Senator areas—you will get delay. If you want Biden Jeffords Obama from New York, which would require to wait another 5 years, vote against Bingaman Johnson Pryor 100-percent scanning of all 11 million Boxer Kennedy Reed this amendment. But if you care about Byrd Kerry cargo containers entering the United Reid protecting the security of America and Carper Kohl Rockefeller States, regardless of whether they are preventing the greatest act of terror Clinton Lautenberg Salazar incredibly low-risk containers or high- that could befall us, you will vote for Dayton Leahy Sarbanes Dodd Levin Schumer risk containers. this amendment to impose deadlines— Dorgan Lieberman Stabenow Now, the amendment that was adopt- because we know it can be done—and Durbin Lincoln Talent ed yesterday, the Coleman amendment, make our country more secure once Feingold Menendez provides for 100-percent scanning of and for all. We cannot afford to wait Feinstein Mikulski high-risk containers. The bill before us any longer, Mr. President. NOT VOTING—2 has a pilot program in three foreign I urge a ‘‘yea’’ vote. Akaka Chafee ports to find out: Is it feasible and The ACTING PRESIDENT pro tem- The motion was agreed to. practical? Is the technology available? pore. The Senator from Maine is recog- Mr. STEVENS. Mr. President, I move Can we, in fact, do 100-percent scanning nized for 1 minute. to reconsider the vote. without significantly slowing the flow Ms. COLLINS. Mr. President, once Ms. COLLINS. I move to lay that mo- of commerce? Right now it appears again, I will explain the provisions of tion on the table. that we cannot do that. The tech- the bill. It has a layered system of se- The motion to lay on the table was nology is not there. But eventually we curity for our cargo and, by the end of agreed to. will be able to get to that goal. The ap- next year, it requires that the 22 busi- Mr. STEVENS. There is 10 minutes proach in the Schumer amendment ig- est ports in the United States, which equally divided to make final state- nores the technological limitations we handle 98 percent of all cargo con- ments on this bill? now have. tainers, will have installed the equip- The PRESIDING OFFICER (Mr. Mr. President, I reserve the remain- ment to screen for radiation, for radio- CHAMBLISS). The Senate will come to der of my time. logical devices, including a nuclear de- order. Senators will please take their The ACTING PRESIDENT pro tem- vice. So it is not just studies and plans, conversations off the floor. pore. The Senator reserves the remain- as the Senator from New York repeat- The Senator from Alaska. der of her time. edly says; it has specific mandates. Who yields time? The Coleman amendment, adopted Mr. STEVENS. I ask unanimous con- The Senator from Washington. yesterday, requires 100 percent screen- sent that each side have 5 minutes, Mrs. MURRAY. Mr. President, I sug- ing and scanning of all high-risk con- jointly, to make final statements on gest the absence of a quorum and ask tainers. But the fact is that we do not this bill. unanimous consent that the time be yet have feasible, efficient, practical The PRESIDING OFFICER. Is there equally divided. technology in place to allow us to do objection? Hearing none, there is 5 The ACTING PRESIDENT pro tem- 100 percent scanning of all containers minutes equally divided. pore. Is there objection? without significantly slowing con- LAND PORTS SECURITY Without objection, it is so ordered. tainer movement, producing a backlog, Mr. LEVIN. Mr. President, securing The clerk will call the roll. and harming our economy. our seaports against terrorist threats The legislative clerk proceeded to I move to table the Schumer amend- is a critical issue, and I commend call the roll. ment, and I ask for the yeas and nays. Chairman COLLINS and Senator

VerDate Aug 31 2005 02:00 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G14SE6.056 S14SEPT1 jcorcoran on PRODPC62 with SENATE S9608 CONGRESSIONAL RECORD — SENATE September 14, 2006 LIEBERMAN for their hard work on the Against Terrorism Program; section Federal grants awarded to States and bill we are debating today, the Port Se- 301, which would establish the Office of localities to improve emergency pre- curity Improvement Act of 2006. Sen- Cargo Security Policy; and section 303, paredness, response, and recovery capa- ators COLLINS and LIEBERMAN have ne- which would increase research into bilities. Specifically, William O. Jen- gotiated this bill not only with mem- ways to strengthen cargo security. kins, Jr., Director of the GAO’s Center bers of the Homeland Security and Is it your understanding that these for Homeland Security and Justice, Governmental Affairs Committee but provisions would apply to containers stated that, ‘‘What is remarkable also with members of the Commerce traveling through both the seaports about the whole area of emergency pre- and Finance Committees; they deserve and land ports? paredness and homeland security is our thanks for their tireless efforts. Ms. COLLINS. Yes, it is the intent of how little we know about how states While seaports are the focus of this the bill that those provisions apply to and localities (1) finance their efforts bill, I would like to point out that land all containers, whether transiting U.S. in this area, (2) have used their federal ports are equally important ports of seaports or land ports of entry. funds, and (3) are assessing the effec- entry into this country; they also suf- Mr. LEVIN. I thank you for your tiveness in which they spend those fer security gaps, and they also receive time and for helping me to underscore funds.’’ attention in this bill. Right now, about an important point, that this bill Currently, the Department requires 11 million containers enter this coun- would strengthen security measures for States and localities applying for try by ship through our seaports; an- all types of shipping containers, at grants to submit an ‘‘Investment Jus- other 11 million containers enter this both sea ports and land ports of entry. tification’’ outlining implementation country by truck through our land TWICS plans and detailing how the Federal ports. According to the Department of Mr. DEMINT. Mr. President, I thank funds are expected to be used to meet Homeland Security, DHS, for example, my colleagues for working with me on homeland security goals, objectives, the northern border has 6 of the top 10 this important amendment. The and capabilities. Additionally, the De- truck border crossings in the country, amendment that I offered and which is partment requires States and localities including the No. 1 crossing point in included in the managers’ package that receive funds to file a Categorical the Nation, the Ambassador Bridge in codifies the current proposed regula- Assistance Progress Report twice a Detroit. In fact, the Ambassador tions governing the issuance of trans- year on how the Federal assistance al- Bridge is currently the largest trade portation worker identification creden- locations were used to meet homeland link that the United States has with tials—often known as TWIC cards. My security goals and objectives. However, another country, connecting Detroit, amendment would codify in statute a grant recipients are not required to MI, and Windsor, Ontario with nearly number of offenses which would bar in- disclose specific homeland security ex- 10,000 trucks crossing daily trans- dividuals from receiving TWIC cards if penditures. porting goods worth nearly $110 billion they have been convicted, or found not Early in the formation of DHS, grant per year. Over 60 percent of all trucks guilty by reason of insanity, of a num- recipients were required to report ex- crossing the northern border take place ber of particularly heinous offenses. penditures for homeland security in southeast Michigan. The amendment would also bar individ- equipment, plans, training, or exer- Over the past 5 years, we have in- uals from holding TWIC cards if they cises. This amendment will simply re- creased border staffing and security have been convicted of or found not instate the requirement. With such a along our land borders and made guilty by reason of insanity within the process in place, I hope DHS and the progress in installing radiation detec- last 7 years or have been incarcerated GAO will be able to report to Congress, tion equipment at land ports of entry. in the preceding 5 years for certain and the American taxpayers, on the ef- Today, for example, 100 percent of all other offenses. This amendment will fectiveness of the grant programs and trucks entering Michigan are screened provide the Nation with assurances the use of Federal funds. by radiation detection equipment. But that the hard-working men and women I am pleased my colleagues joined me there is more to be done; we need bet- at our ports are trustworthy. in supporting this amendment to pro- ter equipment to detect currently It is my understanding that this lan- mote greater accountability and trans- hard-to-detect nuclear materials and to guage will be the Senate position in parency in the use of taxpayers’ analyze currently unreadable cargo im- conference and that my colleagues will money. ages, such as images of trash con- fight to protect this language and to tainers on trucks entering the United ensure that the conference report con- Mr. KOHL. Mr. President, I rise to States from Canada. Among other pro- tains the DeMint amendment. support passage of H.R. 4954, the Port visions, this bill directs the Secretary I am particularly pleased to hear Security Act. This bill will improve se- of DHS to enhance cargo security re- that Cochairman INOUYE has agreed to curity at our ports and it is a step in search, which I support. fight for this amendment in con- the right direction. It will invest more The bill also takes a number of other ference. Is that understanding correct? money and coordinate programs to im- steps to improve container security at Mr. INOUYE. The Senator is correct prove cargo screening, hire more per- land ports of entry, even though land that his amendment will be the posi- sonnel to increase physical security at ports are not the primary focus of this tion of the Senate. I can assure the ports, require background checks for bill. Chairman COLLINS, am I correct Senator I will work to protect the Sen- port workers, and expedite deployment that a few provisions in the bill would ate position in conference. of radiation detection equipment to strengthen container security at both Mr. DEMINT I thank my colleagues prevent the smuggling of nuclear mate- the land ports of entry as well as the for working with me on this amend- rial into our ports. All of these meas- seaports? ment and look forward to the port se- ures represent a better and smarter ap- Ms. COLLINS. You are correct, Sen- curity bill’s passage. proach towards port security and ator LEVIN. The bill contains provi- Mr. MCCAIN. Mr. President, yester- homeland security generally. But we sions which would strengthen security day, the Senate adopted amendment need to do much more. measures for containers transiting ei- No. 4951, which I offered to the Port Se- It has been 5 years since the 9/11 at- ther land or sea ports of entry. curity Improvement Act of 2006, to re- tacks and sadly we still have much Mr. LEVIN. It is my understanding quire all recipients of grants from the more to do to prevent a repeat of that that the following provisions in the Department of Homeland Security— catastrophe. We are troubled that this bill, for example, would apply to all DHS—to report to the Department on Congress has failed to implement many containers, whether they moved by the expenditures made from these Fed- of the changes suggested by the 9/11 truck or by ship: section 201, which eral funds. Commission more than 2 years after would call on the DHS Secretary to es- I offered this amendment in response their final report. For example, the tablish a strategic plan to enhance the to recent testimony by the U.S. Gov- Commission urged us to improve bor- security of the international supply ernment Accountability Office—GAO— der security through a more efficient chain; section 211, which would codify which found it difficult to track ex- entry-exit screening system. Despite the Customs Trade Partnership penditures made from the $11 billion in the national outcry to beef up border

VerDate Aug 31 2005 03:26 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G14SE6.011 S14SEPT1 jcorcoran on PRODPC62 with SENATE September 14, 2006 CONGRESSIONAL RECORD — SENATE S9609 security as we have seen during the on- terrorism, and this port security bill is important port security needs. How- going immigration debate, we have yet a key component in that fight. ever, our Nation’s vulnerabilities de- to adequately address this problem. Ports are a critical part of our Na- mand more and I will continue to work The 9/11 Commission also rec- tion’s infrastructure and an attack on to ensure that our vital homeland secu- ommended that we develop smarter our ports would have devastating con- rity needs are met. plans to secure not only our air trans- sequences for the U.S. and the global Mr. SALAZAR. Mr. President, as this portation system but also our rail and economy. It is therefore of the utmost Congress comes to a close, it is impor- main transit systems. As the terrorist importance that our ports have ade- tant to ask: Have the Congress and the attacks in Madrid in 2004 and London quate security measures put in place. White House done everything possible in 2005 taught us, terrorists are more That is why I supported a number of to make the American people safe? than willing and able to attack our good provisions in this port security Unfortunately, I am afraid the an- trains, buses, and subway systems. bill, such as the establishment of min- swer is ‘‘No.’’ And even though we have spent bil- imum security standards for all cargo Just over a year ago, we all wit- lions to better protect air passengers, entering the U.S., the requirement of nessed in horror the tragically inept we must better screen for explosives in radiation screening at the 22 busiest response to Hurricane Katrina. Despite checked baggage and air cargo. The U.S. ports, and increased funding for claims that DHS and FEMA had put plot to use liquid explosives uncovered the important port security grant pro- their house in order after the Hurri- by British intelligence services in Au- gram. cane, just last week a GAO report gust revealed that we are unable to I was especially gratified to support raised concerns that adequate safe- properly scan for all explosives. We can the Murray amendment that extends guards are still not in place to properly and must do more to protect these certain Customs and Border Protection respond to a catastrophe. vulnerabilities against attack. fees. While this might not appear to be Despite the fact that the 9/11 Com- Unfortunately, what needs to be done much on first glance, this amendment mission gave 5 Fs and 12 Ds in its final to improve homeland security is not was the difference between just author- report, an appalling number of the limited to the transportation sector. izing these improved protections and Commission’s recommendations have For example, we must also do more to providing the funding to put them in still not been implemented—including improve security at our nuclear power- place. And it provides this funding in a recommendations regarding emergency plants and chemical factories. Study responsible manner without adding to preparedness and response, transpor- after study has shown that a tragic at- the deficit. tation security, border security, and tack on one of these facilities could I was disappointed that the Senate intelligence reform. kill thousands of Americans. rejected an amendment offered by Sen- Too many of our first responders still Such a bleak assessment of what still ator SCHUMER, which I cosponsored, lack adequate equipment, resources, needs to be done—a full 5 years after 9/ that would prohibit foreign cargo from communications interoperability, 11—should gravely concern us. It is no entering the U.S. unless the container and—just as important—training. Mak- wonder that a majority of Americans has passed through an integrated scan- ing matters worse, as local law enforce- do not feel safer. According to an ABC ning system and be tested for nuclear ment agencies are forced to take on News poll taken last week, 74 percent and radiological materials. This more homeland security responsibil- of Americans said they were concerned amendment would require, within two ities, the administration keeps pro- about the possibility of more major years, every container entering the posing cuts to law enforcement fund- terrorist attacks in the United States. U.S. from a foreign port designated ing. That same poll also found that 60 per- under the Container Security Initia- Our borders are broken and lawless, cent said more should be done to stop tive—CSI—to be scanned before being allowing millions of people to cross the terrorists from striking again. Clearly, loaded. This would cover the vast ma- border without the government know- public sentiment demands that we im- jority of transatlantic and transpacific ing who they are or why they are here. prove homeland security. Passage of cargo and be scaled up to scan all cargo Meanwhile, border security programs the port security bill will demonstrate within 4 years. remain under-funded and the National that we can work together to make I was also disappointed that the Sen- Guard has been strained to the limit. America safer. While this marks ate rejected the amendment offered by Funding for air cargo security has progress, it is just one piece of a much Senator MENENDEZ that would have re- declined by about 25 percent over the larger homeland security puzzle that quired the Department of Homeland past 3 years, while a comprehensive we need to tackle. This must be our Security to develop a plan to incre- baggage screening system is not ex- No. 1 priority and I urge my colleagues mentally increase the amount of cargo pected to be in place until 2024. to continue working together towards scanned for all threats until 100 per- Incredibly, there are still no min- this goal. cent of cargo was examined. Congress imum standards regulating security at Mr. FEINGOLD. Mr. President, I am needs to finish the job of implementing our chemical facilities which remain pleased that the Senate is about to the bipartisan 9/11 Commission’s rec- vulnerable to attack. For reasons pass the Port Security Improvement ommendations to improve our national which I cannot understand, the Repub- Act of 2006. security, including heightened screen- lican leadership has either refused or This week our Nation observed the ing of cargo that passes through our been unable to schedule floor time for tragic anniversary of September 11, Nation’s ports. a strong, bipartisan chemical security 2001. Five years after that horrific at- I also supported the amendment of bill which has already been reported tack on our country, we honor those Senator REID, which contained a num- out of committee. who lost their lives, and pay tribute to ber of important provisions addressing The American people deserve better. the heroism of the first responders who national security needs that are not They deserve a Congress that will put selflessly risked, and even gave, their addressed in the underlying bill. It is partisan politics to the side and put lives in the rescue and recovery mis- unfortunate that the Senate was un- homeland security first. So while I am sions. Since that day, Congress has willing to expand the scope of the bill proud to stand here and support this taken some actions to improve domes- to consider other matters relevant to important, bipartisan port security tic preparedness and readiness, but fighting terrorism and protecting bill, I do so with the understanding there is much more we must do to help Americans. While I did not support that it is only a first step on the long protect Americans from the threat of every provision in the Reid amend- road toward adequately protecting our terrorism on our own soil. We must fin- ment—it did not do enough to put this homeland. ish the job of implementing the bipar- administration’s flawed Iraq policy on Almost 5 years to the day after the tisan September 11 Commission’s rec- the right course, for example—the Sen- September 11 attacks, more than 2 ommendations, including strength- ate missed an important opportunity years after the 9/11 Commission warned ening the security of our ports. Let us when it rejected that amendment. us about the need to address port secu- not get sidetracked from what should Mr. President, I will vote for this bill rity, and more than half a year after be our No. 1 priority, the fight against because it provides funding for many the Dubai Ports World controversy

VerDate Aug 31 2005 02:00 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G14SE6.041 S14SEPT1 jcorcoran on PRODPC62 with SENATE S9610 CONGRESSIONAL RECORD — SENATE September 14, 2006 brought port security to the front Federal, State, and local law enforce- pleased to say that we in the Senate pages, the Senate is finally addressing ment officials. But FLETC does not have done our part. The committees of this important issue. have sufficient resources dedicated spe- jurisdiction came together, worked to- The wait is unfortunate, because the cifically toward training rural law en- gether, and produced a bill that will issues at stake are serious. Over 11 mil- forcement officials. So the Rural Polic- empower the Department of Homeland lion shipping containers enter the ing Institute would evaluate the needs Security, and in particular the U.S. United States via our ports each year. of rural and tribal law enforcement Customs and Border Protection, to bet- Those containers carry roughly 2.4 bil- agencies; develop training programs ter meet the dual responsibilities of se- lion tons of goods worth more than $1 designed to address the needs of rural curing the homeland and protecting trillion—and some expect those num- and tribal law enforcement agencies, the economic security of our Nation. bers to double over the next 20 years. It with a focus on combating meth, do- Our legislation has been on the floor goes without saying that an attack on mestic violence, and school violence; for a week, during which the Senate our ports would cause economic catas- export those training programs to has worked its will. I look forward to trophe. rural and tribal law enforcement agen- working out our differences with the The average shipping container origi- cies; and conduct outreach to ensure House so that we can get this legisla- nating overseas will pass through, on that the training programs reach rural tion to the President’s desk as soon as average, over a dozen intermediate and tribal law enforcement agencies. possible. points before it arrives in the U.S.— As Attorney General, I learned that a I want to take a moment to thank each providing an opportunity for ter- small investment in law enforcement the many staff who have worked so rorist infiltration. Weapons smuggled training can pay great dividends. By hard and so long to make this legisla- into the country through one of our ensuring that our rural and small town tion a reality. On the Finance Com- ports could cause unspeakable loss of law enforcement officers have the mittee, that begins with my chief life. training they need to protect their counsel and staff director, Kolan Davis, Only about 6 percent of containers communities, the RPI will help law en- whose skilled leadership is key to the arriving at U.S. ports are currently in- forcement agencies better protect the advancement of my agenda on the com- spected before they enter the country safety and security of their commu- mittee. My international trade coun- and that we do not have a comprehen- nities. sel, Stephen Schaefer, deserves special sive plan to restart the economy in the Finally, I am proud to cosponsor an mention. Stephen is a very smart trade event of a terrorist attack on our amendment that would make the counsel, a creative problem solver, and ports. Transportation Technology Center, a dedicated public servant. Tiffany So I am happy that we have finally Inc.—TTCI—in Pueblo, CO, a part of McCullen Atwell, my international taken up this important, bipartisan the National Domestic Preparedness trade policy adviser, also deserves spe- piece of legislation—and I commend Consortium—which is the principal or- cial mention. Tiffany was tireless in Senators COLLINS, LIEBERMAN, MUR- ganization through which the Depart- her efforts and a very strong and effec- RAY, INOUYE, and STEVENS for their ment of Homeland Security identifies, tive advocate for the Finance Com- leadership on the issue. And while the develops, tests, and delivers training to mittee. Together, their hard work and legislation isn’t perfect, it would take state and local emergency responders. advocacy contributed significantly to important steps toward securing our The TTCI does an outstanding job the development of this legislation. I ports and protecting our economy. training first responders from the rail also want to recognize the other mem- First, I am pleased that the bill es- and mass transit sectors, the chemical bers of my trade staff, David Johanson, tablishes a pilot project in 3 foreign industry, government agencies, and who serves me as international trade seaports to screen every container en- emergency responders from around the counsel, and Claudia Bridgeford, my tering the United States from those world. Each year, roughly 1,700 first re- international trade policy assistant. ports. This is a long-overdue first step. sponders go to Pueblo to participate in Their support is critical to my success. I am also pleased that the bill re- TTCI’s outstanding training programs. Senator BAUCUS’s trade staff also de- quires the screening for radiological TTCI’s inclusion in the National Do- serves recognition. The Democratic material of each container entering the mestic Preparedness Consortium will staff director on the Finance Com- United States. allow it to improve its already out- mittee, Russ Sullivan, and the deputy The bill also includes important pro- standing services. staff director, Bill Dauster, worked visions requiring DHS to develop en- Our first responders are the finest in well with my staff throughout the hanced protocols governing the re- the world, and they deserve the best process. I also appreciate the efforts of sumption of trade in the event of an at- possible training and facilities. This Brian Pomper, Senator BAUCUS’s chief, tack on our ports and a comprehensive bill is an important step in that direc- international trade counsel, and in par- strategic plan regarding maritime tion. ticular Senator BAUCUS’s international cargo security. Mr. GRASSLEY. Mr. President, the trade adviser, Anya Landau, who I am also pleased that the bill im- Senate is about to pass the Port Secu- worked so closely and so well with my proves and expands key port security rity Improvement Act of 2006. This im- staff in this effort. And I want to ac- programs such as the Container Secu- portant legislation is the result of knowledge the other members of Sen- rity Initiative and the Customs-Trade months of hard work between the Com- ator BAUCUS’s trade staff, Demetrios Partnership Against Terrorism; and mittee on Finance, which I chair, the Marantis, Chelsea Thomas, Janis that it authorizes important risk-based Committee on Commerce, Science, and Lazda, and Mary Lisa Madell. port security grant programs. Transportation, and the Committee on Finally, I would like to thank Polly Improving our port security isn’t im- Homeland Security and Governmental Craighill, senior counsel in the Office possible. Just look at Hong Kong. Affairs. I thank again Chairman STE- of the Senate Legislative Counsel, for While we inspect only about 6 percent VENS and Chairman COLLINS, as well as the many hours she put into drafting of incoming containers, the port of Senator COLEMAN, Senator INOUYE and and improving this legislation. Not Hong Kong has implemented new Senator LIEBERMAN, and of course Sen- only is Polly a perfectionist, but she screening procedures that achieve 100 ator BAUCUS, the ranking member on also drives others to meet her high ex- percent inspection. While this bill the Finance Committee, for coming to- pectations and for that I am personally won’t get us to 100 percent inspection gether with me to produce a significant grateful. The bill before the Senate is overnight, it is an important—and long and balanced piece of legislation that much improved by virtue of her pa- overdue—first step. advances both the trade and economic tience, dedication, and expertise. Furthermore, I would like to thank security interests of our Nation. Mr. LEAHY. Mr. President, I want to my colleagues for supporting my As I have noted previously, those offer a comment on an aspect of the amendment to create a Rural Policing who intend harm to our Nation seek to port security bill, included in the man- Institute—RPI—at the Federal Law inflict economic as well as physical in- agers’ package. The IP-enabled voice Enforcement Training Center, FLETC. jury. We must be mindful of both con- communications and public safety pro- FLETC does a fantastic job training cerns as we defend the homeland. I am visions will encourage the use of E–911

VerDate Aug 31 2005 03:26 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A14SE6.027 S14SEPT1 jcorcoran on PRODPC62 with SENATE September 14, 2006 CONGRESSIONAL RECORD — SENATE S9611 by Voice over Internet Protocol pro- side the shipping containers. Some of fore, this amendment also stipulates viders. I want to thank Senator STE- these systems are truck mounted and that the Federal Government should VENS for removing language from the can be passed over containers and oth- reimburse employers for any employee initial amendment that would have de- ers are operated by actually driving claims of injuries caused by exposure layed implementation of this public the container through the machine. to radiation. safety program. The provisions that With these devices, Government offi- In closing, I thank Senator KENNEDY were removed would have needlessly cials can determine the possible pres- and his staff and the floor managers endangered lives. Accordingly, the ence of many types of contraband. and their staff for their assistance with modification was essential. As Ameri- Eventually, every port in the country this important matter. cans increasingly use IP-enabled voice will have the machines on site. Mr. ALLEN. Mr. President, I rise communications, there is an increasing There is no question that these ma- today in strong support, urging passage necessity to ensure these callers have chines are crucial to our port and na- of the Port Security Improvement Act. access to their local 911 public safety tional security, but they also have the As an original sponsor of this measure, answering points in case of emergency. potential to expose maritime workers I am hopeful we will have a full and The language of the initial amend- to low levels of radiation. The National vigorous debate, but ultimately pass ment would have provided gaping loop- Academy of Science recently concluded this important legislation for Virginia holes for VoIP providers to avoid 911 that exposure to any additional radi- and America. obligations. It would have delayed the ation above background levels poses an The Port of Virginia is a vital part of Federal Communications Commission’s incremental risk to the exposed indi- Virginia’s economy, and its security is rules regarding implementation of 911 vidual. key to continued economic prosperity requirements on VoIP providers; grand- This incremental risk of exposure to of Virginia. Recently, I visited the Nor- fathered subscribers who signed up radiation, regardless of how small, is folk International Terminals to see and prior to December 31, 2005—meaning enough to trigger significant liability receive briefings on what has been im- those subscribers would not be assured for employers under the Longshore and plemented to secure our port against that when they called 911 they would Harbor Worker’s Compensation Act. terrorism and other illicit activities. reach their local first responders; and The amendment that I offer today Fortunately, the Virginia Port Author- would have authorized other broad addresses the issue of this low level ra- ity has been proactive in assessing its ‘‘waivers’’ from the rules. diation exposure in two ways: First, it security needs and implementing plans I want to thank the firefighters—spe- requires the Secretary of the Depart- and infrastructure to meet those re- cifically the International Association ment of Homeland Security to develop quirements. The Port of Virginia is on of Fire Chiefs and the International As- and implement new protocols to pro- the leading edge of port security, which sociation of Fire Fighters—for bringing tect the safety of port workers. If in- will help ensure the flow of commerce, these important public safety concerns deed it is possible that radiation expo- but more importantly will ensure the with the initial amendment to our at- sure can be further reduced, hopefully safety of the American people. The tention. Through their diligence, we to zero, we should do so. The tens of Port of Virginia is an outstanding ex- have an amendment that will promote thousands of dedicated maritime work- ample for other ports around the coun- the deployment of critical 911 services, ers in this Nation’s ports deserve noth- try and the Port Security Improve- rather than delay it. This is crucial to ing less than to know that the Federal ment Act will help move other port fa- assist America’s first responders, in- Government has done everything pos- cilities in that direction. cluding local fire, EMS and police offi- sible to prevent any exposure to addi- Following the September 11 terrorist cials, in their efforts to save lives. tional radiation caused by these cargo attacks, our Government logically fo- As the port security bill moves for- screening machines. cused first on protecting the Nation’s ward, it is critical that the compromise The second part of the amendment airports and commercial airlines. In reflected in this important public safe- allows the operators of marine termi- the years since, we have received dis- ty amendment be maintained. I appre- nals nationwide to receive financial re- turbing predictions and reports on the ciate the assurances made by the man- imbursement if their port-based em- vulnerability of our Nation’s ports. agers to protect this important com- ployees become ill due to the low levels Claims that a nuclear weapon could be promise. All Americans deserve the of radiation emitted by these ma- smuggled into the U.S in a container or very best emergency response system. chines. that a biological or chemical weapon This amendment now helps accomplish Unfortunately, if we do not include could be disbursed through our port that goal. this amendment today, maritime em- system are grim reminders that must Mr. ISAKSON. Mr. President, today, ployers will be on the hook for thou- remain vigilant against this threat. the Senate accepted an important sands of radiation exposure claims be- Since 9/11, the Congress and the ad- amendment to this port security bill to cause the Federal Government exposed ministration have taken a number of protect longshoremen and private sec- their workers. Congress has placed the steps to strengthen security at Amer- tor marine terminal operators from operators of marine terminals in a no- ica’s ports. We have required advance any adverse consequences that could win situation. On one hand, we are ask- manifests, so we know what is sup- result from government cargo screen- ing the industry to support Govern- posed to be in containers reaching U.S. ing activities. The amendment was co- ment port security efforts, while on the shores. Our Government has also nego- authored by Senator KENNEDY and my- other hand leaving them vulnerable to tiated agreements with dozens of coun- self, and I thank the distinguished Sen- a possible litany of radiation exposure tries to allow Customs and Border Pro- ior Senator from Massachusetts for his claims from their workforce if they do tection, CBP, personnel to inspect leadership on this issue. I also thank cooperate. loaded ships destined for the United the floor managers, Senators COLLINS, If a port worker believes that he or States. And we have employed scan- STEVENS, COLEMAN, LIEBERMAN, she was harmed because the Federal ning devices at ports around the coun- INOUYE, and MURRAY for their vital as- Government exposed the worker to ra- try to detect radiation emanating from sistance. diation, the worker’s complaint is with cargo. And while there is often talk After September 11, Congress man- the Federal Government, not his or her that cargo entering the U.S. is not dated that the administration begin employer. being scanned, the fact is that 70 per- scanning shipping containers upon Accordingly, I only ask for fairness cent of cargo arriving at U.S. ports is their arrival at U.S. ports. In response for the businesses that operate marine scanned by CBP for radiological mate- to this congressional mandate, U.S. terminals in Savannah, Boston, Se- rial. Customs has begun using so-called attle, and other American seaports. These and a number of other initia- ‘‘VACIS machines’’ to screen cargo on These businesses are in no way respon- tives have vastly improved the security U.S. marine terminals. These machines sible for any radiation hazard brought at our ports. However given the gravity are enormous imaging systems that about by congressional mandate. All of the threat from al-Qaida and other use gamma ray technology to produce these businesses have done is cooperate terrorist groups, we must continue to radiographic images of the contents in- with the Federal Government. There- take steps to maximize our ability to

VerDate Aug 31 2005 02:00 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G14SE6.013 S14SEPT1 jcorcoran on PRODPC62 with SENATE S9612 CONGRESSIONAL RECORD — SENATE September 14, 2006 detect and prevent potential future at- In closing, I would like to thank ment, and purchase new patrol boats. tacks. Chairwoman COLLINS for her steady The Coast Guard estimates that $8 bil- To do so, the Senate Commerce, leadership on this issue. It has been a lion is needed to address port security Homeland Security and Finance Com- pleasure working with Senator COL- nationwide. Congress needs to listen to mittees have collaborated to craft the LINS. She has worked diligently to the Coast Guard and provide the need- Port Security Improvement Act. This build consensus among all interested ed funding to protect our ports. legislation outlines the next steps the parties and has produced a bill that This bill is good for the Port of Balti- federal government, port authorities strikes the right balance on security more and America. It would provide and cargo shippers need to take to pro- requirements and incentives. Senator $400 million in port security grants tect our country. COLLINS deserves all our admiration when President Bush provided no funds The bill provides that the Depart- and gratitude for her considerate, out- for these grants. Last year, the Port of ment of Homeland Security, DHS, de- standing steering of this significant Baltimore received $1 million in port velop and implement a plan to deploy measure that will protect America. security grants, but they need $7 mil- radiation detection capabilities to the Ms. MIKULSKI. Mr. President, I rise lion. It needs these funds for surveil- Nation’s 22 busiest ports by 2007. In ad- in support of the Port Security Im- lance and explosive detection equip- dition, the measure outlines future re- provement Act because our country’s ment, perimeter security, and com- quirements to make sure cargo enter- ports are vital to our national security, puter equipment to collect cargo infor- ing the U.S. by various modes of trans- military capability, and economy. Our mation. This bill would also install ra- portation is properly scanned and ran- economy depends on moving goods via diation detection equipment at the 22 dom physical searches are carried out our ports and rail. Our security de- largest ports in the United States, in- where appropriate. pends on ports that are safe and pro- cluding Baltimore. It is the 14th larg- In the years since September 11, tected from attacks. We must pass this est port for foreign cargo. This equip- much has been made about how we bill to keep our ports and America safe. ment is vital to detect dirty bombs and guarantee the people entering our Since 9/11, we have a new world order. to protect the people of Maryland and ports or working at out ports are not a We are fighting a global war on terror. the country. security threat. Also, many questioned Ports are now a high-threat target for We need to make sure the Port of how we make sure credentials to enter terrorism. We need to keep our ports Baltimore and all ports across America ports cannot be duplicated. Our legisla- safe from those with predatory intent. are safe, secure, and growing. The Port tion, this bill, the Port Security Im- Approximately 11 million containers of Baltimore is vital to Maryland’s fu- provement Act would implement the come into the United States each year ture because an investment in the port Transportation Worker Identification and 19,000 containers daily. Shippers is an investment in the State’s econ- Credential, TWIC, that DHS has been declare what is inside, but who really omy. I am proud that this is the 300th working on for the last few years. knows what is in there. It could be anniversary of the port, but we need to TWICs would be required at the 10 busi- weapons or explosives. make sure that the next generation est ports by 2007 and the next 40 stra- We need to improve our port infra- celebrates the 400th anniversary. Mr. tegic ports by 2008. structure. This means providing per- President, it is time to make port secu- Global trade has become the engine sonnel training and installing better rity a priority in the Federal law books of the U.S. and global economy and our gates and security cameras. We must and the Federal checkbook. I urge pas- ports are the gateways that keep our also upgrade our technology. We need sage of this critical and long overdue economy vibrant. We all agree that se- tamper-proof latches on containers to legislation. curity of our ports is paramount, but prevent terrorists from slipping bombs Ms. COLLINS. Mr. President, I ask we must also address how new require- or weapons into a container. Yet Fed- unanimous consent that the attached ments impact the flow of commerce. eral aid for port security is Spartan letter from the Supply Chain Security The Port Security Improvement Act and skimpy. The President provided no Coalition be printed in the RECORD. allows DHS to establish a Customs- funding for port security grants in his There being no objection, the mate- Trade Partnership Against Terrorism— budget. rial was ordered to be printed in the CTPAT—program that will allow im- The Port of Baltimore just celebrated RECORD, as follows: porters to cooperate with the govern- its 300th anniversary. The port is a part SCSC, ment to secure their own supply chain. of me. My great-grandmother came to September 7, 2006. Depending on the level of cooperation American through the port of Balti- Hon. SUSAN COLLINS, Chairman, Committee on Homeland Security and security, importers would receive a more. Growing up, the port was part of and Governmental Affairs, lower risk assessment as part of the al- my life. The longshoremen, truck- U.S. Senate, Washington, DC. gorithm DHS uses to determine what drivers and Merchant Marines who DEAR SENATOR COLLINS: We understand cargo requires further inspection. This worked at the port were my neighbors. that the Senate will take up port security provides a reasonable choice for im- They were hard working, patriotic legislation in the very near future. We are porters—if you are as forthcoming as Americans. They shopped at my fa- writing to express the Supply Chain Security possible and your risk for delay will ther’s grocery store. I knew the history Coalition’s support for strong legislation that will improve the security of our ports dramatically decrease, if not, your of the port because it was the history and the global supply chain, while also en- cargo could be held up to ensure its of my community. suring the continued strength and vitality of contents are safe. The Port of Baltimore is an economic the U.S. economy. Toward this end, we We cannot ask State and local offi- engine for Maryland and America. It worked to help pass H.R. 4954, the SAFE cials to fund these security improve- creates jobs, including 42,000 maritime- Ports Act, which the House of Representa- ments without assistance. However as related jobs in Maryland and almost tives approved on May 6, 2006 on a vote of stewards of the taxpayers, we have an 20,000 direct jobs. The port generates 421–2. It is our hope that the Senate legisla- obligation to use their hard-earned nearly $6 billion a year in salaries and tion will closely mirror those aspects of the money as effectively as possible. Our revenues. House bill that build upon the multi-layered, I have been fighting to upgrade and risk assessment model currently used by the bill would amend existing law so that Department of Homeland Security and which future grants are allocated on a risk protect our Port of Baltimore for more have worked to keep our ports safe for the basis. This is an important change that than 20 years. In the beginning, it was last several years. will ensure we are addressing the areas fixing the twists and turns in our chan- However, while we strongly support im- most likely to come under attack. nels that were a safety risk. Today, it proving the security of our nation’s ports, we We have made real progress in secur- is threats that were unthinkable years will oppose any proposal or amendment that ing our ports in the last few years. And ago. Keeping our port and our people would require all U.S. bound cargo con- yet we all understand we still must do safe from terrorism is one of my top tainers to be scanned for radiation and den- sity, so called ‘‘100% scanning’’ amendments. more to protect the American people. priorities. I have fought for more port Such amendments would require every con- Passing the Port Security Improve- security funding in Baltimore to up- tainer to be scanned in a foreign port before ment Act is the way to do that. I urge grade entry gates and perimeter fenc- the container is loaded on a vessel destined my colleagues to supports its passage. ing, install new surveillance equip- for the U.S. Such a mandate is unrealistic

VerDate Aug 31 2005 03:26 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G14SE6.009 S14SEPT1 jcorcoran on PRODPC62 with SENATE September 14, 2006 CONGRESSIONAL RECORD — SENATE S9613 and could potentially decrease security by Airforwarders Association. parable to both the attacks of 9/11 and forcing containers to sit for extended periods American Apparel & Footwear Association Hurricane Katrina. We cannot afford of time, which would then put them at great- (AAFA). that type of devastation. er risk of tampering. A 100 percent scanning American Association of Exporters and Im- Instead, we must secure our supply mandate would also divert resources away porters. from the current successful risk assessment Coalition of New England Companies for chain before we pay the high price of approach, which utilizes sophisticated risk- Trade. an attack and seek the appropriate bal- analysis tools to determine which containers Food Marketing Institute. ance between two often competing pri- may pose a risk and ensures that those con- Footwear Distributors and Retailers of orities: security and speed. Former tainers are handled appropriately. Finally, America. Customs and Border Protection Com- such a mandate has the potential to signifi- Free Trade Alliance. missioner Bonner had the vision to ad- Joint Industry Group. cantly impede the flow of commerce. Accord- dress this grave threat and balance ing to the World Shipping Council, when the National Association of Manufacturers. U.S. Customs and Board Protection Agency National Association of Wholesaler-Dis- those two priorities after the Sep- (CBP) currently scans questionable cargo, it tributors. tember 11 attacks. This balancing act takes 1–3 days to release that container back National Customs Brokers and Forwarders resulted in the creation of two promi- into the stream of commerce. With 11 to 12 Association of America. nent homeland security programs—the million containers entering the U.S. every National Fisheries Institute. Container Security Initiative, or CSI, year, it is obvious that a mandate of 100% National Retail Federation. and the Customs-Trade Partnership scanning has the potential to do significant Pacific Coast Council of Customs Brokers and Freight Forwarders. Against Terrorism, or C-TPAT. CSI ef- damage to the flow of goods and to the U.S. fectively pushed our borders out by economy. Panasonic Corporation of North America. Rather than mandating 100% scanning, we Retail Industry Leaders Association. placing CBP offices in foreign ports to believe port security legislation should au- The National Industrial Transportation inspect containers before they reach thorize additional testing and evaluation of League. our shores. C-TPAT exemplified a true scanning technology. Both the ‘‘GreenLane Transportation Intermediaries Associa- public-private partnership, in which tion. Maritime Cargo Security Act’’ passed by the: the private sector took a leading role Senate Homeland Security and Govern- Travel Goods Association. Travel Industry Association. in securing its supply chain. These pro- mental Affairs Committee and the House-ap- grams alone are laudable—but due to proved SAFE Ports Act address this issue by United States Association of Importers of calling for pilot projects to test the effec- Textiles and Apparel. the sheer magnitude of the challenge of U.S. Business Alliance for Customs Mod- tiveness and operational ability to conduct securing the global supply chain—we ernization. 100 percent container scanning. In addition, must continue to improve upon these United States Chamber of Commerce. the House bill requires the Secretary of promising initiatives. Homeland Security to conduct an evaluation Mr. COLEMAN. Mr. President, I rise With that in mind, as chairman of of scanning systems, taking into consider- in support of the Port Security Im- the Permanent Subcommittee on In- ation false alarm rates and other operational provement Act of 2006. vestigations, I have directed the sub- issues, the impact on trade, the need for Imagine this scenario: Shortly after 9 committee’s 3-year effort to bolster international cooperation, and the ability to a.m. on a beautiful autumn day, an im- America’s port security and supply integrate and deploy these systems overseas. provised nuclear device explodes on the These provisions represent the best approach chain security. We have identified nu- to addressing this issue and will help to an- National Mall in Washington, DC. merous weaknesses in our programs swer important operational and economic Within seconds, the U.S. Capitol and that secure the global supply chain. A questions that will be critical to under- the White House are flattened and a brief overview of these problems illus- standing how to effectively implement im- plume of radiation spreads to the sur- trates the challenges confronting these proved container scanning. rounding suburbs. Intelligence sources efforts: We also urge the Senate to remember that quickly determine that this weapon In CSI, the subcommittee found that current security procedures do a great deal was smuggled through a United States only a de minimus number of such to ensure that U.S. bound cargo is safe. The port in a maritime container. Unfortu- Customs and Border Protection Agency con- high-risk containers are actually in- ducts sophisticated analyses of shipment nately, this horrific scenario is not just spected. In fact, the vast majority of data for all U.S. bound cargo before it is a plot for the television show ‘‘24’’—it high-risk containers are simply not in- loaded on vessels. This is known as the ‘‘24– is the paramount security challenge spected overseas. To make matters Hour Rule,’’ and with this information, CBP facing our Nation and should be our worse, the U.S. Government has not es- conducts a risk assessment through its Auto- foremost concern. tablished minimum standards for these mated Targeting System to determine which Many experts believe that a mari- inspections. containers pose the highest risk. One hun- time container is the ideal platform to The subcommittee initially found dred percent of containers that are deemed transport nuclear or radiological mate- to be ‘‘high-risk’’ are then inspected. In addi- that an overwhelming proportion of C- tion, CBP is in the process of deploying Radi- rial or a nuclear device into the United TPAT companies enjoy the benefits be- ation Portal Monitors (RPMs) at all U.S. States. As the 9/11 Commission put it fore DHS conducts a thorough on-site ports and plans to have close to 100 percent so succinctly, ‘‘opportunities to do inspection, called a validation. As of implementation by the end of 2007. harm are as great, or greater, in mari- July 2006 this proportion has improved We urge the Senate to pass legislation that time or surface transportation.’’ Since considerably to where 49 percent of the builds on this and the other effective proce- 90 percent of global trade moves in participating companies have been sub- dures that make up the well-established maritime containers, we can not allow multi-layered risk assessment model used by jected to a validation. But this still the Department of Homeland Security these containers to be utilized to trans- leaves 51 percent of companies that (DHS), the Coast Guard, CBP and other gov- port weapons of mass destruction. The have not been subjected to any legiti- ernment agencies. Congress should outline consequences of such an event would be mate, on-site review to ensure that policies and goals and let DHS find the best devastating to our way of life and our their security practices pass muster. and most effective way to meet those goals. economy. The subcommittee found that DHS Before any technology is mandated, the gov- For instance, the Congressional uses a flawed system to identify high- ernment should ensure the technology’s Budget Office at my request studied risk shipping containers entering U.S. functionality and application. In addition, the economic consequences of an at- ports. According to CBP officials, this government must continue to work with the private sector users of the system to deter- tack upon the Ports of Los Angeles and system is largely dependent on ‘‘one of mine the best methods to deploy new tech- Long Beach. CBO found our Nation’s the least reliable or useful types of in- nologies in order to achieve maximum re- gross domestic product would decline formation for targeting purposes,’’ in- sults. by about $150 million per day for each cluding cargo manifest data and bills We look forward to working with you on day these two ports are closed, and of lading. Moreover, the subcommittee improving the public-private partnership to that the annual cost of closing these found that this targeting system has enhance supply chain security. And again, ports would escalate to nearly $70 bil- never been tested or validated, and we urge you to oppose any amendment man- lion. While CBO did not analyze the dating 100% container scanning. may not discern actual, realistic risks. Sincerely, cost to human life and property of such Currently, only 70 percent of cargo Agriculture Ocean Transportation Coali- a terrorist attack, the economic im- containers entering U.S. ports are tion. pact of closing the ports could be com- screened for nuclear or radiological

VerDate Aug 31 2005 03:26 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A14SE6.035 S14SEPT1 jcorcoran on PRODPC62 with SENATE S9614 CONGRESSIONAL RECORD — SENATE September 14, 2006 materials. One part of the problem is and technology. Last December, I trav- then full scale implementation would that the deployment of radiation detec- eled to Hong Kong to examine the expeditiously follow. tion equipment is woefully behind world’s largest port. In addition to The bottom line is this: we are safer schedule. As of August 29, 2006, the De- meeting the impressive CSI team and now than we were yesterday, but we partment of Homeland Security has de- observing the close relationship be- are not safe enough. The question then ployed only 43 percent of the necessary tween Hong Kong Customs and CBP, I becomes: how do we get there? In the radiation monitors at priority sea- examined a promising screening con- words of the hockey legend Wayne ports. cept piloted by the association that op- Gretzky, ‘‘A good hockey player plays These are just a handful of the sig- erates Hong Kong’s container terminal. where the puck is. A great hockey nificant problems the Subcommittee There, containers are screened with player plays where the puck is going to discovered. In short, America’s supply both x-ray and radiation detection be.’’ In other words, we cannot safe- chain security remains vulnerable to equipment. guard a post-9/11 America by using pre- proverbial Trojan Horse—America’s en- Effectively screening containers with 9/11 methods. If we think that the ter- emies could compromise the global both an x-ray a radiation scan is the rorists are not plotting their next supply chain to smuggle a weapon of only definitive answer to the per- move, we are mistaken. We must find mass destruction, WMD, or even terror- plexing and most important question of where the gaps are in our Nation’s ists, into this country. ‘‘what’s in the box?’’ However, in Fis- homeland security and close them be- This legislation tackles these con- cal Year 2005, only 0.38 percent of con- fore an attack happens. That is the cerns—and many other weaknesses— tainers were screened with a nonintru- only way to guarantee our security. head-on. sive imaging device and only 2.8 per- The Port Security Improvement Act Here are some highlights of this im- cent of containers were screened for ra- of 2006 closes gaps in our homeland se- portant legislation: diation prior to entering the United curity and makes us safer. In closing, I This bill addresses the problem of in- States. DHS’ efforts have improved want to say that it has been an honor adequate nuclear and radiological somewhat from last year’s paltry num- to work with such a distinguished and screening, by requiring the Secretary bers, but we have more work to do. To bipartisan group of Senators such as of DHS to develop a strategy for de- date, DHS still uses a risk-based ap- Senators STEVENS, COLLINS, GRASSLEY, ployment of radiation detection capa- proach that targets only high-risk con- INOUYE, BAUCUS and LIEBERMAN. This bilities and mandating that, by Decem- tainers. While this approach is fun- legislation is cogent and will be effec- ber 2007, all containers entering the damentally sound, the system used to tive because of the knowledge and ex- U.S. through the busiest 22 seaports target high-risk containers has yet to perience of this group of Senators. I am shall be examined for radiation. be validated or proven to accurately proud to be an original sponsor of this The bill will require DHS to develop, identify high-risk containers. More- legislation. implement, and update a strategic plan over, the validity of the intelligence Mr. President, I ask unanimous con- improve the security of the inter- used to enhance this system’s tar- sent that a Washington Post editorial national cargo supply chain. In par- geting ability is increasingly in ques- dated June 1, 2006, be printed in the ticular the plan will identify and ad- tion. Thus, we need to both enhance RECORD. There being no objection, the mate- dress gaps, provide improvements and our targeting capability and use tech- rial was ordered to be printed in the goals, and establish protocols for the nology to enhance our ability to in- RECORD, as follows: resumption of trade after a critical in- crease inspections—without impeding [From the Washington Post, June 1, 2006] cident. the flow of commerce. I believe the Instead of the unreliable data that Hong Kong concept holds great promise THE RIGHT KIND OF SECURITY CBP currently demands to target high- to achieve this goal of enhancing in- It was the Dubai port uproar that didn’t roar: When a House committee voted this risk containers, DHS would be required spections without impeding commerce. spring against an amendment that would to identify and request essential infor- While the United States currently in- have required all cargo containers bound for mation about containers moving spects approximately 5 percent of all this country to be individually inspected in through the international supply maritime containers, the pilot project their ports of origin, Congress temporarily chain. in the Port of Hong Kong demonstrates put to rest what could have been yet another Under this bill, DHS would be re- the potential to scan 100 percent of all hyped-up wave of politically motivated anx- quired promulgate a rule to establish shipping containers. Each container in iety about American port security. Although minimum standards and to procedures the Hong Kong port flows through an the House later passed a bill that provides integrated system featuring an imag- extra funding for nuclear screening and for securing containers in transit to other measures, Democrats vowed to bring the U.S. ing machine, a radiation scan, and a up the inspection issue again—and ran adver- The bill provides ongressional au- system to identify the container. Cou- tisements around the country attacking Re- thorization for the CSI program, em- pling these technologies together al- publicans who oppose it. Before the ‘‘inspect powering CBP to identify, examine or lows for the most complete scan of a every container’’ mantra becomes a national search maritime containers before container currently available. The war cry, it’s important to point out that this U.S.-bound cargo is loaded in a foreign Hong Kong concept or similar tech- is a terrible idea. port. DHS would establish standards nology, which is described in detail in Someday, perhaps, advanced X-ray tech- nology may be developed to the point where for the use of screening and radiation this report, holds great promise and it’s possible to beam a scanner at each one of detection equipment at CSI ports. could lead to a dramatic improvement the 11 million U.S.-bound containers at every Congress also authorizes C–TPAT, in the efficacy of our supply chain se- port in the world and obtain an instant as- the voluntary program that strength- curity. These improvements would help sessment of what’s inside. But while some ens international supply chain and bor- ensure that the threat of Trojan horse promising technologies are available, none is der security and facilitates the move- infiltration by terrorists never be- perfect, and all of them require a human ment of secure cargo. The bill estab- comes a reality. being to analyze the scans. This not only lishes certain minimum security and I am pleased to say that this legisla- takes time but also presumes the existence tion develops a pilot program in three of thousands of trained scan readers around other requirements that applicants the world. In the absence of such workers, must meet to be eligible for C–TPAT. foreign seaports, each with unique fea- U.S. port and customs authorities examine As you can see from this brief recap, tures and varying levels of trade vol- information about each container—where this bill is wide-ranging and addresses ume to test integrated scanning sys- it’s coming from, which shipping company is many of the critical problems facing tems using non-intrusive inspection carrying it—and determine whether it is the security of our ports. It is therefore and radiation detection equipment. It risky enough to merit inspection, either here crucial that we pass this important requires full-scale pilot implementa- or abroad. In practice, this results in inspec- legislation. tion within 1 year after enactment and tions of about 5 percent of all containers. Even if we pass this bill, however, an evaluation report would be required Even now, U.S. customs officers must rely on the cooperation of foreign authorities to our job is not yet done. We still need to to be submitted to Congress 120 days carry out this many inspections. look to the future and develop even after full implementation of the pilot. Homeland security officials could do more. more effective and advanced programs If the pilot programs prove successful, Only about half of incoming containers are

VerDate Aug 31 2005 02:00 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A14SE6.031 S14SEPT1 jcorcoran on PRODPC62 with SENATE September 14, 2006 CONGRESSIONAL RECORD — SENATE S9615 subjected to a radiation scan, a number that dress security vulnerabilities, $1.2 bil- ator PATTY MURRAY, who has been my should rapidly be brought up to 100 percent, lion for rail security improvements, partner in the port security legislation as the new House bill requires. Ports are also and $3.4 billion for mass transit secu- from conception to this day. It has vulnerable because drivers and dockworkers are not thoroughly screened. Raising the rity. been a great honor and pleasure to number of U.S. inspectors in foreign ports In addition, 1,000 more Customs and work with her. could also make the inspection system safer. Border Protection agents will be pa- I have a list of the hard-working But ‘‘inspect 100 percent of containers’’ is a trolling our Nation’s ports of entry staff, my staff on the Homeland Secu- slogan, not a solution, and we hope law- thanks to this legislation. rity Committee, who have worked on makers resist the temptation to use it in the But despite the advances of this leg- this issue. I ask unanimous consent election season to come. islation, there still remains much work that a list of their names be printed in Mrs. FEINSTEIN. Mr. President, I to do. the RECORD. rise today in support of the port secu- We cannot stop until all containers There being no objection, the mate- rity bill being considered before the are fully scanned for radiation and by rial was ordered to be printed in the Senate. This legislation is of particular other means including full x-rays of all RECORD, as follows: importance to my home State of Cali- containers. It was a disappointment PORT SECURITY TEAM fornia, and I am deeply grateful to Sen- that amendments to initiate a plan for Rob Strayer, Mark Winter, Jon Nass, Alli- ators COLLINS and MURRAY and all the 100 percent scanning were rejected this son Boyd, Amy Hall, Melvin Albritton, Mark others who have worked so diligently week. LeDuc, Jane Alonso, Ann Fisher, John to craft this comprehensive and bipar- In fact, this bill does nothing sub- Grant, Asha Mathews, Kurt Schmautz, Jay tisan effort to better protect our Na- stantive to increase the number of con- Maroney, Amanda Wood, Jennifer Heming- tion’s ports. tainers inspected before reaching our way, Sarah Taylor, Brooke Hayes, Kate It is no secret that I have long con- Alford, Amanda Hill, Priscilla Hanley, shores. It is clear to me that only in- sidered security at our Nation’s ports Monica Wickey, and Tom Bishop. specting 5 percent of containers is un- to be a significant hole in homeland se- Detailees: Steve Midas, Coast Guard; Jen- acceptable. nifer Boone, FBI; and Mike Moncibaiz, CBP. curity. The global maritime supply Moving forward, a clear test of this chain system is a vast network con- Ms. COLLINS. I see our colleagues Congress will come when the time ar- sisting of hundreds of ports worldwide are eager to vote, so I yield the floor. rives to appropriate funds for many of moving millions of containers each The PRESIDING OFFICER. Who the programs authorized in this bill, year, and frankly I don’t believe this seeks time? The Senator from Hawaii? including grants for port security. To Nation has done nearly enough since 9/ Mr. INOUYE. Mr. President, this is a tell the truth, much of what is accom- 11 to improve the security of our ports. bipartisan measure. I am proud to sup- As has been repeated many times on plished will be for naught if we don’t port this bill. I believe all that has to this floor, only 5 percent of containers provide the funds necessary to get the be said has been said. But I would like entering the country are inspected, job done. to thank those on our side who have meaning that millions of tons of cargo As a member of the Appropriations been helpful: Dabney Hegg and her move through our ports without seri- Committee, I plan to do whatever I can baby, Sam Whitehorn, Lila Helms, Gael ous scrutiny. to make these funds available. They Sullivan, Stephen Gardner, James With its long coastline, California is are simply too important to my State Assey, and Margaret Cummisky. With- vulnerable. My home State receives and too important to this Nation. out their help, we would still be here. containers from more than 750 different Again, I thank my colleagues for Mrs. MURRAY. Mr. President, I add ports worldwide and is home to the their efforts on this bill and express my my voice to all Senators who in a bi- Ports of Los Angeles and Long Beach, hope that we can continue to work to- partisan way have helped move this which is the busiest container port wards filling the gaps in security at bill forward. complex in the entire United States, our ports. They say that ‘‘success has a thou- processing 7.2 million containers in Mr. LIEBERMAN. Mr. President, pas- sand authors’’—and that is certainly 2005. sage of this vital port security legisla- true in the 5 years I have been working To highlight the risk we face, I cite a tion is a tremendous achievement, and on port security. Rand Corporation report released last I wish to extend thanks to my hard- First, I thank my partner, Senator month. If a 10-kiloton nuclear bomb, working staff members, Jason Yanussi COLLINS. Last May, I sought out Sen- hidden in a shipping container, were to and Josh Levy—as well as the staff of ator COLLINS because I knew she cared explode at the Port of Long Beach, it all the involved committees—for all about port security. She had worked on could kill 60,000 people instantly, ex- their effort to bring this legislation to it at the Homeland Security Com- pose another 150,000 to hazardous levels fruition. mittee and she had the knowledge and of radiation, and cause $1 trillion in VISIT TO THE SENATE BY A MEMBER OF THE leadership to help us reach this mile- economic losses. LEBANESE PARLIAMENT stone. She has been a steadfast partner Needless to say, this is an issue of Mr. ENZI. Mr. President, I want to every day of the past 16 months that great importance to my constituents announce to the Senate that we have a we have worked together, and I com- and the economic welfare of the State. visiting Member of Lebanon’s Par- mend her and thank her. I believe strongly that the need for ac- liament, Mr. Misbah Ahdab, if any Sen- Senators LIEBERMAN and COLEMAN tion to better protect our ports is es- ators would like to come by and say were right there with us shaping this sential and it must happen now. hello. bill in the early days and helping us I am glad to say that this port secu- The PRESIDING OFFICER. The Sen- move it forward. rity measure takes a number of critical ator from Maine. I thank Senator STEVENS and Sen- steps toward filling the gaps in secu- Ms. COLLINS. Mr. President, we are ator INOUYE at the Commerce Com- rity at our Nation’s ports. on the verge of passing major port se- mittee for their hard work, leadership, This legislation directs the Depart- curity legislation that will provide the and passion. ment of Homeland Security to work structures and resources needed to bet- I thank Senators GRASSLEY and BAU- with State and local governments to ter protect the American people from CUS for working with us on this bill. create a strategic plan to secure our attack through seaports that are both I thank both of our leaders—for set- ports and prepare for a swift resump- vulnerable points of entry and vital ting aside time so we could debate the tion of trade in the event of an attack. centers of economic activity. bill. We learned by devastating experience I wish to thank all those who have I thank all the leaders from the mari- during Hurricane Katrina what hap- been involved in this effort: the rank- time community who have shared their pens when Federal, State, and local ing member of the Homeland Security ideas and expertise with me—Mic governments do not have an integrated Committee, Senator LIEBERMAN; the Dinsmore, Henry Yates, and Rod plan for responding to and recovering Commerce Committee chairman and Hilden at the Port of Seattle; Tim from a catastrophic event. ranking member; Senator GRASSLEY Farrell, Mike Zachary, and Julie Col- The bill authorizes $400 million in and Senator BAUCUS on the Finance lins at the Port of Tacoma; and also competitive grants to help ports ad- Committee. Most of all, I thank Sen- leaders at the ports of New York/New

VerDate Aug 31 2005 02:00 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A14SE6.034 S14SEPT1 jcorcoran on PRODPC62 with SENATE S9616 CONGRESSIONAL RECORD — SENATE September 14, 2006 Jersey, Los Angeles, Long Beach, rity. I believe this is the most com- Bopp (former staff), Kathy Kraninger (former Charleston, Miami, and MassPort in prehensive approach to border security staff), Melvin Albritton. Boston. we have taken to date. The provisions Senator Lieberman’s Staff: Jason Yanussi. Senator Coleman’s Staff: Ray Shepherd. I want to thank security experts, es- of this bill will help ensure the safety pecially Admiral James Loy and Dr. of our Nation, our cities, and our sys- FINANCE COMMITTEE Stephen Flynn, for their thoughtful tem of commerce. Senator Grassley’s Staff: Stephen Schae- input on our bill. Mr. President, the passage of this fer, Tiffany McCullen. Senator Baucus’s Staff: Anya Landau, Finally, there are a number of staff port security legislation by the Senate Brian Pomper, Mary Lisa Madell. members who helped shape this bill. today will mark the end of a long Sen- COMMERCE COMMITTEE Brian White—who now runs Cargo ate bipartisan, 3-committee process of Security Policy at DHS, and Michel Senator Inouye’s Staff: Dabney Hegg, Sam which we all may be proud. The Com- Whitehorn, Stephen Gardner, Channon Bobb—who is at OMB—provided crit- merce, Homeland, and Finance Com- Hanna, Gael Sullivan. ical help. mittees have tremendous knowledge Senator Stevens’s Staff: Dave Wonnenberg, I thank the outstanding floor staff on about our ports and the programs Ken Nahigian, Pamela Friedmann (on detail each side and staff from various com- which protect and secure the inter- from TSA), Mark Delich, Becky Hooks. mittees who spent long hours all week national supply chain. It is a credit to The PRESIDING OFFICER. All time working to make this bill better. this Senate that each committee has expired. The question is on the en- Thank you especially to: Dabney agreed to pool their resources, put grossment of the amendments and Hegg, Sam Whitehorn, Ray Shepherd, aside jurisdictional issues, and develop third reading of the bill. Jason Yanussi, and Ken Nahigian. a strong and comprehensive piece of The amendments were ordered to be Finally, from my own staff, Jason legislation. engrossed and the bill to be read a Park and Lesley Turner have been at I thank Senator COLLINS for her third time. my side here on the floor along with steadfast dedication to this bill, as well The bill (H.R. 4954) was read the third Mike Spahn. as Senators MURRAY, LIEBERMAN, time. And I additionally thank Rick GRASSLEY, BAUCUS, and COLEMAN. And The PRESIDING OFFICER. The bill Desimone, Alex Glass, Pete Weissman I particularly thank my great friend having been read the third time, the and Matt McAlvanah from my staff. and Commerce Committee cochairman, question is, Shall the bill pass? I say to my colleagues, we are mak- Senator INOUYE, for his lasting com- Ms. COLLINS. I ask for the yeas and ing a significant step forward in a bi- mitment to securing our Nation’s nays. partisan way this evening to finally ports. The PRESIDING OFFICER. Is there a make a difference on security in this As I said, securing our ports is vital sufficient second? There is a sufficient country. I want to tell the country we to our economy. More than 11 million second. still have a ways to go in getting it to cargo containers enter our country The clerk will call the roll. conference, which I know will occur every day, and waterborne cargo con- The legislative clerk called the roll. shortly, and to the President’s desk, tributes more than $742 billion to the Mr. MCCONNELL. The following Sen- hopefully in a short amount of time as U.S. gross domestic product. ator was necessarily absent: the Sen- well. But I will tell you this: America But our ports are not isolated com- ator from Rhode Island (Mr. CHAFEE). can sleep better because this Congress mercial operations. Our waterways and Mr. DURBIN. I announce that the worked together, and I thank all my ports link to 152,000 miles of railways, Senator from Hawaii (Mr. AKAKA) is colleagues. 460,000 miles of underground pipelines, necessarily absent. The PRESIDING OFFICER. The mi- and 45,000 miles of interstate highways. The PRESIDING OFFICER (Mr. nority leader. The bill the Senate will pass today not BURR). Are there any other Senators in Mr. REID. I wish to express my ap- only strengthens security at our land the Chamber desiring to vote? preciation to all the managers and par- and seaports; it addresses trucking, The result was announced—yeas 98, ticularly Senator MURRAY, who has railroad, and pipeline security. I be- nays 0, as follows: worked so hard, working with these lieve this is the most comprehensive [Rollcall Vote No. 249 Leg.] amendments through the last few days. approach to border security we have YEAS—98 We always say nice things about Sen- taken to date. The provisions in this Alexander Dorgan McConnell ator INOUYE, so that is nothing new. bill will help ensure the safety of our Allard Durbin Menendez Senator MURRAY is a wonderful legis- Nation, our citizens, and our system of Allen Ensign Mikulski lator who does such a great job. Baucus Enzi Murkowski commerce. Bayh Feingold We look forward to going to con- Murray This bill enhances current programs Bennett Feinstein Nelson (FL) ference. We are going to do our very designed to gather and analyze infor- Biden Frist Nelson (NE) best to get a conference as soon as we mation about cargo destined for U.S. Bingaman Graham Obama Bond Grassley Pryor can. It is not easy. We have multiple ports, and significantly expands on the Boxer Gregg committees of jurisdiction. I talked Reed current program for randomly scan- Brownback Hagel Reid Bunning Harkin with Senator SARBANES earlier today. ning containers. This bill moves us to- Roberts Burns Hatch Even Banking is now interested in Rockefeller ward 100 percent scanning of all cargo Burr Hutchison Salazar being on the conference. We are going containers entering our country once Byrd Inhofe Santorum to do our best to work something out Cantwell Inouye the process becomes feasible. Sarbanes in the near future. This bill is essential to the security Carper Isakson Chambliss Jeffords Schumer The PRESIDING OFFICER. The Sen- of our Nation. It is my hope that the Clinton Johnson Sessions ator from Alaska. House and Senate will make this a pri- Coburn Kennedy Shelby Mr. STEVENS. Mr. President, secur- Cochran Kerry Smith ority and get it to the President soon. Snowe ing our ports is vital to our economy. Coleman Kohl I ask unanimous consent to have Collins Kyl Specter More than 11 million cargo containers printed in the RECORD a list of the Conrad Landrieu Stabenow enter our country every day, and wa- dedicated staff who worked so hard Cornyn Lautenberg Stevens terborne cargo contributes more than Craig Leahy Sununu with all of us, and I yield the remain- Talent $742 billion to the U.S. gross domestic Crapo Levin der of our time. Dayton Lieberman Thomas product. But our ports are not isolated There being no objection, the mate- DeMint Lincoln Thune commercial operations. Our waterways rial was ordered to be printed in the DeWine Lott Vitter Dodd Lugar Voinovich and ports are linked to 152,000 miles of RECORD, as follows: Dole Martinez Warner railway, 460,000 miles of underground COMMITTEE STAFF INVOLVED WITH PORT Domenici McCain Wyden pipelines, and 40,000 miles of interstate SECURITY NOT VOTING—2 highways. The bill the Senate will pass HOMELAND SECURITY AND GOVERNMENTAL Akaka Chafee today not only strengthens security at AFFAIRS COMMITTEE our land and seaports, it addresses Senator Collins’s Staff: Rob Strayer, Mark The bill (H.R. 4954), as amended, was trucking, railroad, and pipeline secu- Winter, Jane Alonzo, Ann Fisher, Michael passed.

VerDate Aug 31 2005 02:00 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A14SE6.041 S14SEPT1 jcorcoran on PRODPC62 with SENATE September 14, 2006 CONGRESSIONAL RECORD — SENATE S9617 (The bill will be printed in a future is going to escalate further and more doors. I am setting up some appoint- edition of the RECORD.) dramatically if we do not act. ments. We have to do everything we Mrs. MURRAY. I move to reconsider We have the government in Khar- can to prevent this worsening situation the vote. toum saying they want the African from getting to the point where it is Ms. COLLINS. I move to lay that mo- Union troops out. unsalvageable. tion on the table. We do not have a big enough force I thank the Senator for his efforts. The motion to lay on the table was there now. They are scheduled to leave Mr. BROWNBACK. I thank my col- agreed to. the end of September. We have a league for her interest. I wish her God- The PRESIDING OFFICER. The Sen- United Nations group that is forming speed in New York with the U.N. ator from Kansas. to go in, and the government in Khar- My colleague in Connecticut will ad- toum, Sudan, is saying, We are not dress this same topic. It is very impor- f going to let them in. tant to speak. We need to pass the MORNING BUSINESS We have African Union troops pre- Darfur Accountability Act. It has passed here and in the House. We need Mr. BROWNBACK. I ask unanimous paring to leave. We have the U.N. troops not yet prepared to come in or to resolve the issues. consent the Senate proceed to a period It is important that the President, in of morning business, with Senators being allowed in. And we have chaos. There are a lot of people dying in this his meetings at the U.N. for General permitted to speak for up to 10 min- Assembly meetings, raise this issue. It utes. region. It is escalating. It is time we step up and push again. is important to press the Sudanese The PRESIDING OFFICER. Without Government to stop the aerial bomb- objection, it is so ordered. This Senate has been excellent on this issue. The administration has been ings—they can do that first and fore- Mr. BROWNBACK. I ask unanimous most—and that the African Union consent the following Senators be rec- very good. I cite particularly Assistant Secretary Zoellick who spent a lot of forces stay until a U.N. force is put in ognized to speak: myself, for 10 min- place, we pressure the Sudanese Gov- utes; Senator LINCOLN, for 10 minutes; time working on this issue, trying to bring people together, getting a peace ernment to accept a U.N. force, or, if Senator DODD, for 15 minutes; and Sen- not, put in targeted sanctions toward ator STABENOW, for 10 minutes. agreement signed a couple of months ago. It was an important peace agree- Sudanese officials preventing trav- The PRESIDING OFFICER. Without eling, dealing with their own personal objection, it is so ordered. ment. The problem that has taken place accounts. f now, after the peace agreement was There are a series of recommenda- tions of a number of Senators ad- SAFE PORT ACT signed, the African Union troops were starting to organize to pull out, the dressed in a letter to the President. It Mr. BROWNBACK. Mr. President, I government of President al-Bashir in is a bipartisan effort. It is a genocide congratulate my colleague from Maine the Sudan decided: This is our time to already. It is one that is set to become on an excellent accomplishment, a take over because the rest of the world a far worse situation. We really need to act. huge vote on an important piece of leg- is looking at Lebanon, they are dealing islation. It is critical. A number of col- I yield to the floor to the set of with Hezbollah, the United States is fo- speakers listed. leagues, the Senator from Wyoming cused on its election cycle. This is the and others on both sides of the aisle, The PRESIDING OFFICER. The Sen- time for us to move. ator from Arkansas. did so much good work on this legisla- This is a very difficult, dire situation tion. Mrs. LINCOLN. Mr. President, I join for people on the ground. I met with a my colleague from California in thank- f number of the aid organizations today. ing Senator BROWNBACK for bringing Their people are getting killed, so they DARFUR this issue forward. He has been a tre- are pulling back, as I cited. mendous supporter of taking action. He Mr. BROWNBACK. Mr. President, I When this situation first started de- brings to light, tonight, the fact we will not take my colleagues’ time for veloping about 3 years ago, the very have to act and we have to act expedi- long, but I draw attention to a situa- situation we are most concerned about tiously. tion that has further developed—or de- is a lot of people getting into the dis- As the situation deteriorates, unfor- volved and deteriorated—and that is placed camps, not having access to tunately, it moves closer toward a situ- the situation in Darfur. It is a situa- clean water, disease spreading in the ation that we can do nothing about. I tion this Senate has spoken to often. camps, spreading because of the con- appreciate all of the Senator’s efforts We have spoken on resolutions, on centration of individuals and the lack in what he is doing for the people of amendments; we have added funds. of sanitation and clean water, and we Darfur. What we have feared is now upon us. really get a mess. That is now where f We are now seeing in the IDP camps, we are. the individuals that are displaced in- Mrs. BOXER. Will the Senator yield? RURAL AMERICA MONTH ternally, diseases such as asthma, ma- Mr. BROWNBACK. Yes. Mrs. LINCOLN. Mr. President, I was laria, cholera and dysentery. We have Mrs. BOXER. I thank Senator so pleased this week as the daughter of had 12 humanitarian workers killed in BROWNBACK for raising this issue. We a seventh generation Arkansas farm the last 2 months. That is driving a are in a do-or-die moment. We have family from rural eastern Arkansas, number of the humanitarian groups been there before. I am reading that and it is with a tremendous amount of out of the region. The NGO, the non- certain experts are saying in 2 weeks pride I come to the Senate today to ap- government organizations, currently there could be another Rwanda. plaud the passage of Senate Resolution now serve only 60 percent of the people I am very glad the Senator is speak- 561 which designates September of 2006 they were serving. The Government of ing out. I was very glad this Senate did as Rural America Month. I was pleased Sudan has reportedly resumed aerial act, as we know, on a measure last to introduce this resolution last week bombings taking place in the northern week, actually voting to send $20 mil- with Senator REID, Senator FRIST, and and southern parts of Darfur. lion to the African nations to carry on, many of my colleagues. The situation is growing worse. We as my friend points out. If they do not Rural America means a tremendous don’t know how many people have died do it, there is a void. What will fill the amount to this Nation. It is the place already, but it is set to escalate rap- void will be disease, rapes, killings and, where our values oftentimes begin and idly. NGOs are fleeing because people I hate to say it, continued genocide. grow. We send people from rural Amer- are getting killed. The people are con- I am glad the Senator raised this. ica not just to the big cities of Amer- centrated in the camps. They are now The hours are running short. We did ica, but all across the globe to exhibit not getting food and clean water. vote. It is important we use our bully those American values that grow and Now we have cholera, more misery, pulpit in whatever way we can. I per- begin in rural America. malaria and the numbers of people get- sonally will be going to the United Na- My values and my world view are di- ting killed escalating dramatically. It tions on Monday literally to knock on rectly tied to how I was raised in a

VerDate Aug 31 2005 02:00 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A14SE6.043 S14SEPT1 jcorcoran on PRODPC62 with SENATE S9618 CONGRESSIONAL RECORD — SENATE September 14, 2006 small town in Helena, AR, on the Mis- Rural Americans comprise a sizable growth, despite the trend of the slump- sissippi River. My upbringing gave me percentage of our reserve, military ing U.S. economy. a deep and abiding love for the rural force abroad and the highest con- Additionally, her audits of the State way of life. In rural America, you learn centration of military veterans live in bureaucracy saved Texans $6 billion, that in order to have good neighbors, rural communities. and her reform of the State prison sys- you have to be a good neighbor. Impor- Additionally, police officers, volun- tem resulted in fewer violent offenders tantly, you learn by the example set teer firefighters, EMTs or National being released. for members of the community. Guardsmen, and members of our rural Perhaps her most remarkable Growing up, I lived within walking communities come together in times of achievement was maintaining the re- distance from both sets of my grand- national emergencies to keep our coun- spect and admiration of Texans in the parents. I learned what it meant to be try safe. I am certainly reminded of the midst of not being reelected to office. a caregiver. At the age of 14 I learned proud, strong, courageous firefighters, The poll numbers of her popularity re- from my grandparents. I learned val- Guardsmen, ambulance drivers, and so mained above 60 percent at that time. ues, I learned stories of World War I many more that responded from Ar- Ann has been noted as saying that and the experiences they had during kansas to New York during September she did not want her tombstone to the Depression and so many other 11 and to Louisiana during Katrina and read, ‘‘She kept a really clean house,’’ things that I captured from a real per- the entire gulf coast. but, instead, preferred to be remem- spective—not from a textbook. I am proud of my heritage in rural bered by it reading, ‘‘She opened gov- My mother would prepare dinner for America. I am pleased the Senate has ernment to everyone.’’ Ann Richards will certainly be re- our family every night, but very often acknowledged we owe rural America a membered as doing much more than she and my aunt would go back and considerable debt of gratitude. Rural keeping a clean house. She opened a forth and prepare a little bit extra America is critical to this Nation. door for me as a female politician in every other night. It was my duty and I look forward to working with my the South, and I know I speak for so my cousin’s duty to take that dinner colleagues to address the challenges many when I say that she continues to up to my grandparents and spend time and the obstacles that rural America have my respect and my admiration. with them, valuable time, where we faces so all in rural America can enjoy She will certainly be dearly missed would make them feel better, to share every blessing and opportunity that by this Senator and so many, many part of our day and they could share a our Nation has to offer. more across this Nation. story with us. I didn’t realize at that I commend my colleagues for joining Thank you, Mr. President. age what caregiving was all about. I do me in this special effort. I want to es- Mr. President, I yield to my col- now. pecially commend our leader, minority league from Connecticut. Being a good neighbor is something leader HARRY REID, who grew up in The PRESIDING OFFICER. The Sen- that comes easily for rural Americans. Searchlight, NV, who knows and under- ator from Connecticut. It is taught early in life. I am proud to stands the mentality, the values, and Mr. DODD. Mr. President, first of all, have had the opportunity to learn that really has a tremendous passion for let me thank our colleague from Ar- lesson by example. I see it as a model those people in rural America. I am kansas for her eloquent comments both that can be applied outside the family, proud to have joined he and Senator about rural America as well as on our outside the neighborhood and to so FRIST and others in bringing this reso- wonderful friend, Ann Richards. I want many relationships that we, as people lution forward. to add my voice of condolence to her of a global community, have around f family and friends, not only in Texas the world, when we listen to the com- but across this great country of ours, TRIBUTE TO ANN RICHARDS ments of Senator BROWNBACK and Sen- because she had friends that reached ator BOXER talking about our neigh- Mrs. LINCOLN. Mr. President, I also all across this land of ours—in fact, be- bors across the globe and what that come to the floor today to pay tribute yond the shores of the United States in means to us, what our responsibility is to one of the most important and her work after she left public life, as a global neighbor to those people in unique individuals in the history of working in the private sector as a such need of protection, of sustenance American politics, Governor Ann Rich- great representative of a number of in- of life, of education, and the ability to ards. terests, including some that were off- build for themselves a life of independ- As a female politician from the shore. ence. South, Ann Richards was a person who She was a remarkable person, and My love for the rural way of life I I considered to be a role model. She Senator BLANCHE LINCOLN has captured grew up in, the values it taught me, is was a great American patriot who had her very, very well. There are so many what drives me to want to strengthen overcome tremendous obstacles to be- things I remember about her. She was and support rural communities all over come a valued public servant while a strong-willed woman. She had defi- our country. With the passage of this blazing a trail for aspiring female poli- nite and clear views, and she was not resolution this week, the Senate has ticians, with wit, style, and grace like shy about expressing them to you. But formally acknowledged the invaluable no one else could produce. she probably had one of the best senses contribution that rural America makes I consider it my good fortune to have of humor of anyone I ever met in to our country. come to know her over the years as a American politics. She could make you The experiences in my life have friend. While I am deeply saddened by laugh. She could take a situation and shown me firsthand that the more than her passing, it is so difficult not to bring up an anecdote or a story to 55 million people residing in rural smile whenever I think of Ann. She was make her point that would bring the America are the embodiment of the remarkably gifted at using her keen house down. values that make our country great: sense of humor to say exactly what was Regardless of your point of view, Ann community, service, hard work, family, on her mind and to get her point across Richards had a gift to communicate responsibility. in an effective and quotable way, prov- with the American public like few Rural America provides significant ing she was truly one of a kind. other people I have ever met in public contributions to our Nation, such as Ann Richards became the first life. And it was a gift because she did the safest, most abundant and afford- woman elected to statewide office in so many good things with her talents. able food supply in the world, as well Texas in more than 50 years—winning a Both as the State Treasurer of Texas as the renewable sources of energy seat as treasurer in 1982. In 1990, she be- and as Governor of that State, I got to with the potential to significantly re- came the first female to be elected know her very well, when I was the duce our country’s dangerous depend- Governor of the State of Texas. general chairman of the Democratic ency on foreign oil, not to mention As Governor, she took pride in the National Committee. She was a tre- what we could do for our environment. fact that she appointed more women mendous source of help to me in those Americans residing in rural areas and minorities to State positions than years of 1995 and 1996 when I was cam- have also made a considerable con- any of her predecessors. During her paigning and supporting Democrats tribution to our country’s freedom. tenure, the Texas economy enjoyed across the country.

VerDate Aug 31 2005 02:00 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G14SE6.066 S14SEPT1 jcorcoran on PRODPC62 with SENATE September 14, 2006 CONGRESSIONAL RECORD — SENATE S9619 But her politics transcended partisan was a commentator on television, al- Mildred Iona Warren. As a young politics. She was beloved and admired ways with the witty saying that people woman, she took an early interest in and cared for by people of all political would remember. politics and participated in Girls State, stripes and colors in this country. She I remember after she left the Gov- a youth leadership and citizenship pro- will be sorely missed. But as Senator ernor’s office, I was in Istanbul, Tur- gram for high school students. She LINCOLN said, the memories of her are key. I walked into one of the markets later studied at Baylor University on a going to linger on for an awful long there, and who did I see looking at rugs debate scholarship. After earning her time. Every time you mention her but Ann Richards. She was having the teaching certificate at the University name, a smile comes to your face be- best time. Whatever she was doing at of Texas, she began her remarkable ca- cause she brought many smiles many the time was her total absorption. She reer of public service as a junior high times on the countless occasions I was finding out everything about those school teacher. heard her address audiences across the rugs. Governor Richards became known as country. I saw her sometimes up here in Wash- an effective advocate and an accom- I thank Senator LINCOLN and others ington when we would be working on plished political leader. In 1976, Gov- who have spoken about her. I do not something that would be for Texas ernor Richards successfully ran for have prepared remarks, but I just where we would agree. She would take commissioner of Travis County, the wanted to express my feelings about her side and I would take my side, same year I won my seat in the House this wonderful person. working for the same cause but trying of Representatives. She held this post Mrs. HUTCHISON. Mr. President, to make sure that we covered all of our until 1982, when she was elected State today we mourn the loss of a great respective bases. Treasurer—the first woman elected to Texan and certainly a trailblazer in I knew, of course, that she had can- a statewide office in Texas in over 50 our State. Former Governor Ann Rich- cer. I wrote her a note after the diag- years. In 1991, when I was the only fe- ards passed away last night after a nosis became public. male Democratic Senator, Ann Rich- long battle with cancer. Today, I want She wrote me a note back. It was vin- ards became one of the few female Gov- to pay tribute to her because she really tage Ann Richards. It was: This is just ernors in the country. We showed made a mark on our State and our Na- one thing you get through in life, and that—together—women can make tion. I’m going to get through it. She was change. Ann Richards was the second woman very upbeat, very positive, just the As Governor of Texas, Ann Richards to hold office in Texas as Governor and way she would always be, tackling the spearheaded an economic revitalization the first to be elected in her own right. task of the moment and doing it with program that expanded Texas’ econ- When she was Governor of Texas, I was gusto. omy during a nationwide recession, and State treasurer, and we certainly had a I did not know she was so near the also led an effort to expand State fund- very strong and positive working rela- end. I was sorry that it came so quick- ing of public schools. In 1988, she tionship. She embodied the Texas spirit ly. She will be someone whom no charmed the Nation with her witty, as well as anyone I have ever known, Texan who has ever known her or who passionate remarks as the keynote and her enthusiasm for life was evident has lived in Texas during her service speaker at the Democratic National in everything she did. will ever forget. I want to make sure Convention. I didn’t agree with her on issues— the tributes to her are worthy of the People have called Ann quick-witted sometimes I did and sometimes I contribution she made. and feisty. Well, I happen to like feisty didn’t—but you could always respect I yield the floor. people. She stood up for what she be- her because she spoke straight. She Mr. REID. Mr. President, I join with lieved in. She fought for what she felt told you what she could do and she told my distinguished colleague from Texas was right. And she made a difference. you what she couldn’t do. She gave in expressing condolences to the be- She served her Nation and she served some pretty good advice along the way. reaved family, the State of Nevada, the her State. She could have chosen another ca- Democrats in the Senate and America, Governor Richards’ death is a trag- reer—that of entertainer—and been for the loss of Ann Richards. edy but her life was a triumph. I offer quite successful. She was one of the She was my friend. She came to Ne- my heartfelt condolences to Governor best. But instead, she chose politics— vada whenever I asked her to. Why did Richards’ children, who were at her and she chose to try to make a dif- I ask her to come? Because she was en- bedside when she passed, to her friends, ference in government, in our State tertainment plus. She was always good and to all those whose lives she and Nation. She was successful at that for a stunning speech, a stirring touched. She and her family are in my as well. speech. thoughts and prayers at this very sad Ann Richards was born on September For those who had the good fortune time. 1, 1933 in Lakeview, TX, very near this morning to listen to Public Radio, Mr. KENNEDY. Mr. President, I was Waco. She did grow up in Waco. what a wonderful piece they had on saddened to learn that my friend Ann She graduated from Baylor Univer- Ann Richards, the many funny things Richards passed away last night after a sity in 1954. She attended on a debate she did in Texas to change the ways of courageous battle with cancer. She was scholarship. Texas. She modernized Texas. a wonderful person and an outstanding She was the mother to four children We will all miss her. It is a loss for public servant, and she will be missed. and the grandmother to eight. all Americans. We are comforted to Ann brought delight, excitement, One of the things she will always be know that Ann departed this world in ability, and compassion to public life, remembered for is how she tried to high spirits and humor, just as she and she was an American original. To bring women into public office—and would expect us to continue our lives. her public service was a calling, and certainly to the table—to make sure Ms. MIKULSKI. Mr. President, I rise she dedicated herself wholeheartedly to that women were represented well. today to pay tribute to the life and leg- the goal of building a better future for I was so struck with her after she acy of a truly remarkable woman— all Americans, regardless of income, lost the Governor’s race. She, of Governor Ann Richards. She will long race, or gender. course, lost the Governor’s race the be remembered and loved for her tire- She was a trailblazer in many ways, second time she ran against Governor less activism, her charisma and com- and she was also one of the last great George Bush, who became President passion, and her excellence in govern- American characters in politics, some- George Bush. But I think it was the ance. I will also remember her as a one who projected joy and optimism way she handled the loss that showed friend and a trailblazer. Ann Richards even in the face of adversity. None of the real spirit that she had. She just showed women that anything and ev- us who were there will ever forget her turned the page and kept right on erything was possible. brilliant keynote address to the Demo- going. Ann Richards was an original. Yet cratic National Convention in 1988. She She had a career in New York and her life was the American dream. She was truly one of a kind. never gave up her home in Texas. But was born in Lacy-Lakeview, TX, to her As Governor of Texas, she fought she took New York by storm too. She loving parents Robert Cecil Willis and hard for equal opportunity, appointing

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At the age of 60, she BARACK OBAMA, I know, cares about and Medical Leave Act, the Violence learned to ride a motorcycle. this issue. And many members of the Against Women Act, and the Freedom Ann Richards will be missed. For her Foreign Relations Committee have of Access to Clinic Entrances Act. charisma, for her integrity, and for her talked about it. We heard Senator There will never be another Ann honesty. BOXER, a moment ago, talk about her Richards, and we will never forget her. Mrs. BOXER. Mr. President, I rise deep concern. Mrs. FEINSTEIN. Mr. President yes- today with a heavy heart, to pay trib- There is a tremendous amount of in- terday, we lost a great politicial great ute to a remarkable woman and pa- terest about what is happening and woman with an incredibly energy who triot, Ann Richards. great concern. It is the moral responsi- There are so many words that I could helped to change the attitude of Texas bility of nations around the globe to use to describe Ann. She was vibrant, politics. help end the genocide in Darfur. Ann Richards was born in Lakeview, fiery, quick-witted, fearless, but for me Even as we speak here this afternoon, TX, in 1933. She died yesterday, Sep- the word that I think captures her best in the closing days of this week’s work, tember 13, in Austin, TX, at the age of is genuine. we are moving backwards in Sudan. With Ann, what you saw was what 73. Earlier this week, U.N. Secretary Gen- you got. She had an authenticity that She battled cancer in the last months eral Kofi Annan sounded the warning is rare in life, and even rarer in poli- of her life, being diagnosed with esoph- that Darfur is about to enter a new ageal cancer in March and undergoing tics. Even with all of her charisma and phase of needless bloodshed and suf- chemotherapy treatments. charm bubbling over, Ann would be the fering on a catastrophic scale. I do not I would like to extend my deepest first to tell you that her life was not think we ought to let this happen. It is sympathy to her four children—Cecile, perfect and that she had made many not just our responsibility but cer- Daniel, Clark and Ellen—who were mistakes over the years. But it was her tainly the United States should and with her when she passed away. embrace of those imperfections, and can take a leadership role here in mar- Ann Richards was a homemaker and the wisdom to see that she could learn shaling the forces to stop the events as teacher before beginning her political from her mistakes, that made her such they unfold to these poor, poor people career as a county commissioner in a successful leader. People could relate who are caught in this dreadful situa- Travis county, TX, in 1976. Six years to her. tion. later, in 1982, she ran for State treas- When she won the Governor’s office The blame lies squarely, of course, urer and won. She was reelected in in 1990, Ann decided she really wanted first and foremost, with the Sudanese 1986. Winning the office of Texas State to shake things up in Texas. So she Government’s intransigence and mur- treasurer made her the first woman made it her mission to appoint more derous Darfur policy. Since February elected statewide in nearly 50 years. minorities to State boards and com- of 2003, when rebel groups attacked Like so many female politicians of missions than any Governor before her. government outposts, the Sudanese our time, running for office in a male- According to the Houston Chronicle, Government has used the janjaweed dominated political environment took about 44 percent of her appointees were militia to systematically decimate courage and determination. But Ann female; 20 percent Hispanic; and 14 per- tribal groups of African descent in didn’t take on these challenges only to cent Black. That is in comparison to Darfur. prove that she was a worthy candidate. her two predecessors, who had given The warfare has exacted a tragic toll. She wanted to show Texas, and the Na- more than 77 percent of their appoint- Men, women, and children have been tion, that all women could succeed in ments to White men. slaughtered in front of their families. the same way that men had for many So not only did Ann blaze a trail by Women and girls are regularly raped. years. She blazed a trail for women, in being the first woman elected Governor Entire villages are routinely destroyed politics and in life. of Texas in her own right, but she and property looted by marauding mili- Two years later, in 1990, Ann Rich- opened the doors of the State house to tias. ards narrowly won the election to Gov- those who otherwise would have been Estimates suggest that the conflict ernor, winning by a margin of 49 to 47 in the back of the line. in Darfur has killed as many as 300,000 percent. Again, she fought a tough Why? Because she understood that people and driven 2.5 million people out campaign battle against a male oppo- you can’t just talk the talk, you’ve got of their homes. The United States has nent. But with her fierce determina- to walk the walk. She knew that rightly labeled the Sudanese Govern- tion, she came out on top. change was a good thing, even if it ment’s actions ‘‘genocide.’’ During her 4 years in the Governor’s made people squirm in their boots. I remember, with great clarity, office, Ann Richards made a strong ef- There are a lot of people talking former Secretary of State Colin Powell fect, championing what she referred to today about what a tremendous loss appearing before a Senate committee as the ‘‘New Texas.’’ this is for Texas. I heard our President, on which I served calling the actions in As Governor, Ann Richards promoted George W. Bush say that, ‘‘Ann loved Darfur genocide, loudly and clearly. women and minorities who historically Texas. And Texans loved her.’’ But I And I commend him for it. He was one were ignored in Texas politics; re- have to take that one step further and of the earliest voices to do so. We know formed the Texas prison system; say, Ann loved America, and Ameri- what the word ‘‘genocide’’ means and backed proposals to reduce the sale of cans loved Ann. She barreled her way its full ramifications. semiautomatic firearms and ‘‘cop-kill- into our hearts, and for that we have Yet there was a glimmer of hope for er’’ bullets in the State; instituted the been made all the richer. the violence to end in May of this year Texas State lottery to provide funding I would like to offer my sincere con- with the conclusion of a peace agree- for education; revitalized the State’s dolences to Ann’s children: Cecile, Dan- ment brokered in large part by the economy; and worked to protect the iel, Clark and Ellen, her eight grand- United States. The agreement called environment, particularly with a veto children, and all those who knew and for a cessation of hostilities between of legislation that would have allowed loved her. She will be sorely missed, the Sudanese Government and one of for the destruction of the Edwards Aq- but I am sure, always remembered. three major rebel groups in Darfur. uifer in south central Texas. f But it is time to face the facts in She was defeated in her 1994 reelec- Darfur. The peace is over. In fact, it tion campaign by George W. Bush. DARFUR never really had a chance. Hostilities Near the end of her term as Gov- Mr. DODD. Mr. President, I want to between the government and the other ernor, Ann Richards said: ‘‘I think I’d spend a couple minutes talking about two rebel groups never ended and are

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Unless swing in sexual violence around refugee mitment, we and the rest of the inter- Sudan feels the heat from its business camps. national community are already on the partners and friends, my fear is they Meanwhile, from the very beginning, verge of reneging on it. Our ability to will not budge. the Sudanese Government has thrown act remains hostage to a government Thirdly, the United States needs to up obstacle after obstacle after obsta- that continues to perpetrate terrible ensure that the United Nations moves cle in the path of the African Union crimes on its own people. forward with deploying a peacekeeping peacekeeping mission in Darfur. Yet instead of tightening the screws force. Should Sudan continue to put up A New York Times report earlier this on this government, our administra- a wall, then I think we must imple- week describes these obstacles and the tion, the administration here in the ment a tight sanctions regime against mission’s lack of funding and authority United States, unfortunately, is not the Sudanese Government, rebel forces, in Darfur. A telling example is that doing what it ought to be doing. We are and others responsible for the atroc- every evening, the African Union sol- dangling the incentives of talks with ities that are being committed there. diers have to turn over control of the President Bush before the Sudanese We must also consider deploying main military airstrip in Darfur to President in exchange for his accepting troops regardless of Sudanese consent. government troops. These troops steal a U.N. force. It is almost unbelievable. For many this may raise a red flag, jet fuel from the mission and use the The administration refuses to talk but, again, it is an international com- strip to launch attack helicopters directly to Iran and North Korea about mitment and a moral obligation agreed while the African Union troops stand their nuclear programs. And yet here it to under U.N. auspices. by helplessly. Sudanese officials have is bandying Presidential talks with the Should the U.N. fail to rapidly mus- also managed to reduce the mission’s head of a regime that our own Govern- ter the requisite troops, I believe we already limited patrols and humani- ment has declared guilty of genocide. ought to deploy an interim NATO force tarian efforts in Darfur. This is typical, unfortunately, of the with U.S. participation to Darfur. At a administration’s bumbling approach to minimum, NATO forces, which already The mission’s courageous yet failing diplomacy. It simply does not know provide logistical support to the Afri- efforts to maintain the peace led the when to talk and when to brandish the can Union mission, should enforce a United Nations to issue Security Coun- stick. Clearly, the stick is necessary no-fly zone in Darfur pursuant to U.N. cil Resolution 1706 on August 31 of this here. Days and hours stand between us Security Council Resolution 1591 to year. This resolution calls for the de- and an incredible mass of genocide. prevent military flights over Darfur. ployment of a more robust, 20,000- The fact is, we need to take a harder U.S. participation, even in a limited strong U.N. peacekeeping force. approach on Sudan. So what can we do capacity, is critical to showing the Yet precisely because such a U.N. from here on? How do we ratchet up world that the U.S. is not just about force would have teeth, Sudan’s Presi- the pressure on the Sudanese Govern- fighting terrorism when it serves our dent has rejected it on the grounds of ment and get it to stop? interests but also about fighting injus- sovereignty. This is a flimsy excuse. First, I think the United States tice, terrorism and mass murder when There are nearly 10,000 U.N. troops sta- needs to expedite the appointment of a it affects others far away from us; that tioned in southern Sudan to maintain a special envoy to Darfur. the U.S. will fight for the principles of separate peace agreement. And now the Let me add, by the way, Senator respect for human dignity and life, and Sudanese Government has asked Afri- BROWNBACK mentioned Bob Zoellick. not just lecture others about them. can Union troops to leave by Sep- He did a fantastic job, by the way, but Fourth, despite this administration’s tember 30—a few short days from he is out of government now. He is in absurd rejection of International today—when the mission’s mandate ex- the private sector. Unfortunately, we Criminal Court, the ICC can and must pires, unless they are able to raise ad- do not have a Bob Zoellick within the play a critical role in bringing to jus- ditional funds. administration right now who under- tice those responsible for committing It is all too clear that the Sudanese stands it and cared about this issue to genocide in Sudan. Last March, Darfur Government is not interested in peace the extent he did. But I believe there became the first-ever case to be re- in Darfur. And why should it be? Sudan are people who could be asked to per- ferred by the U.N. Security Council to has friends like Russia and China who form this appointment of a special the International Criminal Court for place a far greater premium in their envoy from the United States. That investigation. commercial interests in the Sudan might be enough in the short term, to The U.S. unconscionably abstained rather than on their responsibility to begin to put the brakes on. on this vote. My country abstained. stop this genocide. In 2005, China pur- I recently joined colleagues in send- When it comes to conducting an inves- chased more than half of Sudan’s oil ing a letter to President Bush calling tigation of the Sudanese Government exports, and is one of its largest sup- for his immediate attention. With the for what our own Secretary of State pliers of arms. Both countries, Russia departure of Deputy Secretary of State has called genocide, we abstained. and China, abstained in the most re- Bob Zoellick, who played a very impor- And we wonder why public opinion of cent vote on deploying U.N. troops. tant role in negotiating the May peace the United States around the world is They continued to give political cover agreement, a vacuum has emerged that dipping. One reason is because the ad- to the Sudanese Government. needs to be immediately filled to en- ministration talks the talk but does Yet it is also clear that the United sure a coordinated, focused, and effec- not walk the walk when it comes to up- States and the international commu- tive policy. holding our Nation’s principles. From nity have a responsibility to protect Our Assistant Secretary of State for military tribunals that don’t allow due and prevent genocide in Darfur. The African affairs was made to wait 3 process of law to warrantless surveil- world’s heads of state affirmed this days—3 days—before meeting with Su- lance, the administration simply precise commitment last September as dan’s President, only to hear him re- thinks it is above domestic and inter- part of the Outcome Document of the ject the U.N. force. This special envoy national law. Its doublespeak con- High-level Plenary Meeting of the must be someone of greater stature and tinues to squander our country’s polit- United Nations General Assembly. The seniority who can command an audi- ical and moral authority. The U.S. document calls on the international ence and forcefully convey a message. needs to lend its full support to the community to protect people from Moreover, the envoy and President ICC’s efforts to bring to justice those ‘‘genocide, war crimes, ethnic cleans- Bush himself must, in concert with our found guilty of genocide in Sudan. ing, and crimes against humanity’’ on allies, publicly reject Sudan’s demand Mr. President, 12 years after Rwan- a case-by-case basis should their own that African Union troops leave and in- da—and I am glad my colleague from governments fail to do so. sist on the deployment of U.N. forces. California raised Rwanda, and Senator

VerDate Aug 31 2005 02:00 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G14SE6.070 S14SEPT1 jcorcoran on PRODPC62 with SENATE S9622 CONGRESSIONAL RECORD — SENATE September 14, 2006 BROWNBACK has as well, along with oth- one occasion to be able to help me in what I admired most was how down to ers in this body—we remain haunted by my effort at running for office. It was earth she was. Even though this is a the massacre which occurred. Former always a wonderful time. People were person who was very well known, she President Bill Clinton publicly ex- so excited when I would say that Gov- was somebody who was always there pressed his deepest regret at the U.S. ernor Ann Richards was coming to with a smile and would say ‘‘How are and the international community’s col- Michigan. There would be excitement you doing?’’ She would talk to the wait lective inaction to stop the killings in from women young and old, as well as staff in a restaurant, as well as the Rwanda. Twelve years from now, none from men. We always drew a great people in her party, or would speak to of us in this body or the administration crowd. She always lived up to every ex- whomever was around her. want to be forcing the same regrets pectation, in terms of the way she She began her career as a teacher. about Darfur. spoke about life, about what people are She once said that teaching was the Yet, if we fail that—and it is not a concerned about, and a combination of hardest work she had ever done and, matter of weeks or months, it is a mat- both outrage at those unfair things and according to her, it remained the hard- ter of hours—then the very kinds of things that ought to be changed, cou- est work she had done to date. She was genocidal mass murder that occurred pled with that sense of humor about a great teacher, but not only in the in Rwanda will continue to occur in what we go through in our daily lives, classroom. Ann Richards was a teacher Darfur and grow worse. speaking about things that we could all to me—a teacher as it relates to Sudan has been wracked by four dec- relate to so well, with that wonderful women having courage, stepping out, ades of violence and instability. The sense of humor. being willing to take the slings and ar- scars of that war cut deep throughout She once told me when I was working rows that come with the rough and their country. Currently, it is experi- hard and had too many things to do in tumble world of politics, standing up encing what the U.N. has described as a day: Debbie, you should stop right for what she believed in, always being the world’s greatest humanitarian cri- now and just focus on what is next and accessible and available to reach out sis. We stood by during Rwanda. We the rest of it will take care of itself. Do and help those of us who asked for her cannot stand by this time. We must not your best and focus on the next hour, help, and always relishing life to the let history repeat itself. We must act. the next challenge, and that is how you fullest. The international community has a re- get through effectively in life. Ann Richards will be remembered. sponsibility to protect and the U.S. Those words of encouragement and We are so grateful for her life, for her must lead by example. Let us not fail advice have stuck with me to this day. service, and for who she was. My this time. Whenever I get overwhelmed, I think of thoughts and prayers go out to her I yield the floor. Ann Richards’ voice in my ear saying: children and her grandchildren. The PRESIDING OFFICER. The Sen- Stop and take a breath and focus on I yield the floor and suggest the ab- ator from Michigan is recognized. what is right in front of you and do sence of a quorum. The PRESIDING OFFICER. The Ms. STABENOW. Mr. President, I your best, and everything else will thank my colleague from Connecticut clerk will call the roll. work out just fine. The assistant legislative clerk pro- for that extremely eloquent, pas- We all know she was a trailblazer in ceeded to call the roll. sionate, and urgent message to the ad- Texas politics and an inspiration to all Mr. DURBIN. Mr. President, I ask ministration about what needs to be of us who have run for office and been unanimous consent that the order for done in Darfur. I could not agree more. elected to office around the country. I the quorum call be rescinded. I have come to the floor on other occa- will never forget when she was elected. The PRESIDING OFFICER. Without sions to speak on the same issue. We I had the opportunity to attend her in- objection, it is so ordered. know that thousands—in fact, 2 million augural ball—I should say series of Mr. DURBIN. Mr. President, I join people—find themselves in camps with balls, where everybody was all dressed my colleagues and many others across no place to call home, in a situation up and wearing cowboy boots, and how America to express our sadness over that is absolutely outrageous. I watched Ann, with such relish, go the loss of one great person: former So I thank my colleague for coming from ball to ball, event to event, and Texas Governor Ann Richards. There to the floor and speaking on this im- watched her go down the streets in the she was, with her Dairy Queen hairdo, portant subject. I am very hopeful that parades in Austin that day. There was her thick Texas twang, and her light- my colleagues on both sides of the aisle such excitement, and you could tell she ning fast wit. She was beloved and rec- who have spoken to this will find that was thrilled. She loved Texas and she ognized by everybody. When she would their words are heeded by the adminis- relished the opportunity to serve Texas show up on Capitol Hill, people tration and they will act urgently to as its Governor. It was such a wonder- couldn’t wait to come up and shake save lives and stop the genocide. ful weekend of events. I will always re- hands and see that beautiful smile. f member that. Several times she came by my office, There are so many different quotes REMEMBERING ANN RICHARDS and our visit always started with a from her that we all remember and laugh and ended with a laugh. She was Ms. STABENOW. Mr. President, I quote ourselves. One of my favorites is just a great person to be around. rise today to remember a very good the often-repeated line about Fred She was born Dorothy Ann Willis in friend and a wonderful woman whom Astaire. She said: 1933, in Lakeview, a farming commu- Senator LINCOLN spoke about—and I Sure, he was great; but don’t forget that nity near Waco. She was the only child know others today have—very elo- Ginger Rogers did everything he did back- of Iona and Cecil Willis. They came quently on the floor, and that is our wards and in high heels. from the tiny towns of Bugtussle and good, good friend Ann Richards, the That was Ann Richards, speaking in Hogjaw. former Texas Governor and treasurer, a a way that made a point, but made ev- At Waco High School, she dropped woman who had extraordinary abili- eryone smile at the same time. her first name and became just Ann. ties. Her intelligence, her tenacity, and In many ways, we kind of came up She also became the Texas state debate her hard work, are well known. But we through politics together. We were champion. all know of her sense of humor, her both in county commissions in the During her senior year, she visited wit, her ability to make us smile. Even mid-1970s. We both ended up in State- Washington as a delegate to Girls Na- when we were trying to struggle wide elected office, and we both loved tion and, on a trip to the White House, through a difficult issue or were upset, and love our States with a great, great shook hands with President Truman, she was able to put this in a particular passion. one of her all time heroes. frame that would allow people to in Despite all of the fame—and she was Despite her natural political talents, fact smile and laugh while they were famous, a well-known person, revered it never occurred to Ann Richards to trying to work through things to- around the country—she was somebody run for political office herself until gether. who could walk into any city in the later in life. I was very pleased to have Ann Rich- country and have people recognize her In her 20s, she taught social studies ards come to Michigan on more than and have great respect for her. But in an Austin middle school for less

VerDate Aug 31 2005 02:00 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G14SE6.071 S14SEPT1 jcorcoran on PRODPC62 with SENATE September 14, 2006 CONGRESSIONAL RECORD — SENATE S9623 than 2 years before she was required to She said: ‘‘They talked about war means Nevada. Growing up as the son resign because she was pregnant with and Washington and what this country of a hard rock miner in a rural commu- her first child. She later described needed. They talked straight talk.’’ nity called Searchlight, far from the teaching as ‘‘the hardest work I had In politics and in her life after poli- bright lights of Las Vegas, has shaped ever done.’’ tics, Ann Richards used her power to my love for rural America. So when I In 1975, her husband, civil rights at- try to solve the real problems of real became leader, I decided I wanted to do torney David Richards, was approached people and enable them to live and something to show how serious Demo- about running for Travis County com- raise their families with dignity and crats are about standing up for rural missioner. He turned it down and said hope. America. I couldn’t think of a better he wasn’t interested, but Ann Richards I’ll close with one more story from person to lead this effort than BLANCHE was. Wayne Slater. He recalls that, during a LINCOLN from Arkansas. She won that race and went on to public appearance several years after I appointed her the chairman of my serve two terms as a Travis County leaving office, Ann Richards was asked Rural Outreach Program, and she has commissioner, 8 years as Texas state about her legacy. done a wonderful job. She is so articu- treasurer, and 4 years as her State’s She replied: late, has that wonderful smile, and she governor. In looking back on my life, I could of has done things we never realized Her 1990 election as Governor—a course say the predictable thing: that the would be so effective. I publicly extend come-from-behind victory—made her greatest thing I’ve ever done is bear my chil- my appreciation to her for her leader- the first woman elected governor in dren and have grandchildren, and all that ship in this area. The people of Arkan- Texas in nearly 60 years, and the first kind of stuff. But the reality is that the sas are so fortunate to have this good greatest part of my life was the opportunity woman to win that office without fol- to be in public service—to make a difference woman serving in the Senate. lowing her husband in. for the community I live in, for the State It is our love for rural America that As Governor, Ann Richards pursued a that I love, to be able to try to make things brings us to the Chamber today. Sen- progressive agenda and appointed an better, whether they turned out in the fash- ator LINCOLN has been here. I appre- unprecedented number of women and ion I expected them to or not. ciate her remarks very much. But it is minorities to posts they never would Then she added: what motivates us to support 55 mil- have dreamed of in Texas Government. Sometimes it’s serendipitous. Good things lion people who, like us, call rural Her family said that, as Governor, happen accidentally. But they’re not going America home. These small towns and she was most proud of two actions that to happen unless well-meaning people give of rural communities are rich in heritage probably cost her re-election. She ve- their time and their lives to do that. and tradition, and we need to do every- toed legislation that would have al- Ann Richards earned that legacy and thing we can to protect and sustain the lowed people to carry concealed hand- more. She made a difference not only rural way of life. guns. She also vetoed a bill that would for her community and her beloved Today, as we honor rural America, I have destroyed an aquifer that supplies State, but to our entire Nation. She would like to talk about some steps I water for much of south central Texas. touched so many lives and changed so believe the Senate should take to en- She paid the political price. many lives in her life. She will be rich rural economies, bring new and Years later, when a reporter asked greatly missed. better services to small towns, enhance her what she might have done dif- Our thoughts and prayers go out to these pieces of fabric of America we ferently had she known she was going her children: Cecile, Daniel, Clark and call rural America. to serve only one term as Governor, Ellen; their spouses; and Governor During the last century, our rural Ann Richards grinned and replied: ‘‘Oh, Richards’ eight grandchildren. communities have undergone an amaz- I would probably have raised more There is good news in the Richards ing transformation. With more than hell.’’ family. Cecile received an award last 2,000 rural counties accounting for al- She was not just a political hero. In night from USA Action. Of course, she most 85 percent of the American land- speaking openly about her struggle couldn’t be there, she was at her moth- scape, the definition of what is rural with alcoholism, her decision, in 1980, er’s deathbed—and that is certainly un- often depends upon arbitrary lines of to get sober, and the joy she discovered derstood. But a tribute was paid to her distinction. As rural economies become in sobriety, Ann Richards was also a for her active work on behalf of women increasingly diversified, communities source of inspiration as well to count- across America as a leader in Planned strive to adapt to the demands of a less others who struggle with addic- Parenthood. She is carrying on her constantly evolving global community tion. mother’s legacy, her commitment, her and economy. Take, for example, Elko, Ann Richards rose to national promi- family’s commitment to public service. NV. Once, Elko was a small Basque en- nence when she gave the keynote ad- I can’t think of anything that would clave. It has grown dramatically dur- dress at the 1988 Democratic National have made Ann Richards more proud. ing the past decade, and for so many Convention. People remember a lot of I yield the floor and suggest the ab- years it has been growing in a way we things she said in that address. sence of a quorum. never envisioned. That address includes some immortal The PRESIDING OFFICER. The Today, Elko and the immediate vi- lines, including her famous description clerk will call the roll. cinity produces 63 percent of the of gender inequality: ‘‘Ginger Rogers The assistant legislative clerk pro- world’s gold. It has recognized the did everything that Fred Astaire did. ceeded to call the roll. challenge of relying upon the highly She just did it backwards and in high Mr. REID. Mr. President, I ask unan- volatile industry, but it still carries on heels.’’ imous consent that the order for the and does so well. The people of Elko In other lines from that speech that quorum call be rescinded. worked together to identify local re- are not as well remembered, Ann Rich- The PRESIDING OFFICER. Without sources to foster not only growth but ards talked about why she believed in objection, it is so ordered. smart growth. As it turns out, one of government. f Elko’s most valuable assets is an un- She said: used railroad spur. Today, this is being RURAL AMERICA MONTH developed and will become one of the I was born during the Depression in a little Mr. REID. Mr. President, I rise this community just outside Waco, and I grew up busiest transportation hubs in the listening to Franklin Roosevelt on the radio. evening to speak about an important West because of the mining industry It was back then that I came to understand resolution that passed the Senate last and ranching industry. the small truths and the hardships that bind week. I introduced S. Res. 561, which That is not all. Elko is also doing neighbors together. Those were real people designates September as Rural Amer- something else to capitalize on the with real problems, and they had real dreams ica Month. uniqueness of their setting in the about getting out of the Depression. I first thank the majority leader and American West. She said she could still hear the my colleague, Senator BLANCHE LIN- One of the reasons I am so proud of voices of those ‘‘people who were living COLN from Arkansas, for their help in this legislation is because it honors their lives as best they could.’’ passing this resolution. For me, home America’s farmers, ranchers, and, yes,

VerDate Aug 31 2005 02:00 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A14SE6.049 S14SEPT1 jcorcoran on PRODPC62 with SENATE S9624 CONGRESSIONAL RECORD — SENATE September 14, 2006 cowboys. Farming and ranching are the ing new industries, the task is easier with 20 or more years of service, who foundation of rural culture in America said than done. are rated less than 50 percent. It would and continue to drive the rural econ- Prospective employers need to be as- also eliminate the 10-year phase-in pe- omy. Today, with 95 million head of sured they have a pool of talented riod for veterans who draw their dis- cattle, beef production in the United workers. With the exodus of skilled ability and retirement pay; it will also States is an $80 billion-a-year industry. workers and an untrained workforce, change my 2003 bill to give full concur- This year, Americans will consume 25 few companies are willing to roll the rent receipt to all veterans with serv- billion pounds of beef. With the live- dice. That is too bad. ice connected disabilities. There are stock they raise and the responsible Living in rural America is something currently 29 cosponsors to this legisla- stewardship of public lands, American that you do not see on a balance sheet. tion. farmers and ranchers help feed families It is only a live experience. More peo- Additionally, the CARES commission across the country and around the ple should experience the joy of living on veterans’ health care recognized the world. Although less than 10 percent of in rural America. need for a Community Based Out- the world’s cattle are raised in Amer- Just as good jobs are hard to find, so patient Clinic—CBOC—in Fallon and ica, we produce nearly 25 percent of the is good health care and good emer- an expansion of services at the Reno world’s beef supply. gency response. In many parts of the VA Medical Center. I am committed to For 23 years, the Western Folklife country, such as Ely, NV, when there is providing Nevada’s veterans with more Center has hosted the National Cowboy an emergency—whether it is a small access to quality health care options, Poetry Festival in Elko. Each year, brush fire or national catastrophe—we including a new CBOC in Elko. And finally, no discussion of helping poets, storytellers, musicians, look to our neighbors to keep our fami- rural America would be complete with- filmmakers, dancers, and other per- lies safe. We rely on volunteer fire- out a discussion of Broadband. fighters and police officers. This fact formers descend upon the town to cele- For rural America, competition and brate these American icons. The theme was made painfully clear after Hurri- active participation in the local and for this year’s gathering is ‘‘The cane Katrina. global marketplaces not only means Ranch.’’ That is why I feel so strongly that having a computer, but also access to If you talk to ranchers and farmers the Senate must do everything it can high-speed internet services. this year, one of the first topics you to make sure our first responders have Rural areas are consistently left be- hear is the rising cost of energy. The the tools they need to get the job done hind urban areas when it comes to fed- high cost of gasoline and diesel affects right. Volunteer fire departments de- eral investment in the infrastructure all Americans, but it hits rural Amer- pend on programs such as Fire and Cit- systems that are essential for any ica very hard. These are men and izen Corps grants. Every day, rural law economy to thrive—including tele- women who make a living driving trac- enforcement officials rely on the fund- communications systems. tors and other large pieces of equip- ing that the Byrne and COPS Programs Although the Internet has touched ment, hauling their grain and moving provide. the lives of billions of people around their livestock from place to place. Often, when we talk about veterans the globe, most of rural America has This is one area in particular where we issues, we are talking about rural been left behind even the least devel- can help rural America, and I believe issues. Rural America is home to many oped countries. we should. U.S. veterans. In fact, according to the Less than a decade ago, the Internet Instead of making farmers pay for de- Census Bureau, rural and nonmetro- meant email and chat rooms. Today, pendence on foreign oil, it is time they politan counties account for the larg- access to broadband Internet is so were paid to make America energy est concentration of veterans. much more. With high speed internet, independent. It is within our grasp. We This is true for my home State of Ne- incredible amounts of information can are at a real turning point for alter- vada. With more than 250,000 veterans, change fingers at the speed of light. native energy. Alternative energy tech- Nevada has the third largest popu- However, even in rural areas where nologies are finally becoming cost lation of veterans, and it continues to broadband access has been introduced, competitive with conventional energy grow. During the last decade, Nevada problems such as affordability and sources such as oil and gas. In 2005, the saw its veterans population increase by adoption rates remain huge obstacles three largest technology IPOs were, be- more than 30 percent—the highest in- to progress/leaving dial-up the only re- lieve it or not, solar companies. By crease in the country. alistic option. Affordability and adop- 2009, it is likely alternative energy That is why for so many years now, I tion rates are the biggest obstacles we technology will capture 10 percent of have been pushing Congress to revisit have. all capital venture investments. All of the injustice in compensation for our Broadband Internet has proven itself this is possible if we work together to nation’s veterans—the ban on concur- to be a potent catalyst in job creation, economic development, and a critical take us in a new direction. rent receipt. Another hardship faced by rural As too many are well aware, disabled component of education and public Americans is the loss of jobs. In the veterans face the obstacle of forfeiting safety. In fact, the deployment of wake of outsourcing, rural commu- retirement pay dollar-for-dollar if they broadband service to our rural areas may be as important to economic de- nities have been left with the daunting receive disability compensation. This velopment as rural electrification was task of retraining workers whose only policy is unacceptable, and I am com- during the Great Depression. training had been for jobs that no mitted to securing fair policy to pro- And so, my colleagues and I are com- longer exist. For example, the manu- vide our veterans with the entirety of mitted to investing in innovative facturing industry, which is so vital to their earned compensation. broadband technologies so that rural so many small towns, has been hit the I have been fighting for five years to communities can begin to form new hardest, with as much as 30 percent of allow for full concurrent receipt, and kinds of partnerships, and reach new that sent abroad. It is not unusual for despite veto threats from the adminis- levels of connectivity. someone to work their ranch or farm tration, we have made many great For example, Senator Clinton has but also have another job, and that has strides towards fair compensation for worked to link local businesses in St. been very hurtful, with these jobs our veterans. In 2003, Congress passed Lawrence County to global markets being shipped overseas. It has been par- my legislation allowing disabled re- using eBay. Many parts of St. Law- ticularly devastating for low-skill tired veterans with at least a fifty per- rence County are remote, and busi- workers who make up more than 40 cent disability rating to become eligi- nesses have a hard time finding cus- percent of all rural workers. ble for full concurrent receipt over a tomers. But not on eBay. eBay also of- The problem is made worse when ten-year period. This measure passed fered training to small business owners young unskilled workers leave the despite veto threats from the Bush ad- and their employees. workforce in search of opportunities ministration. Senator Clinton has also previously only available beyond the county line. Most recently, I have introduced leg- secured Senate passage of tax incen- While it is clear rural communities islation—S. 558—which would provide tives for telecommunications compa- need to be more aggressive in attract- concurrent receipt to military retirees, nies to deploy broadband to rural

VerDate Aug 31 2005 02:00 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G14SE6.074 S14SEPT1 jcorcoran on PRODPC62 with SENATE September 14, 2006 CONGRESSIONAL RECORD — SENATE S9625 areas. This technology will allow small time. But a sharp issue hung over the strong. That night, the residents of businesses around New York to com- bout like an ominous cloud. That was Goldfield did not see Black or White: pete for customers around the globe. the issue of race. They saw a winner. Joe Gans, with his We have seen how one small business Before the fight began, rumors float- modest manner and stylish boxing, had has worked with several communities ed that Gans had thrown fights as a won the town over. Siler wrote: ‘‘Gold- to bring free wireless internet service youth in Baltimore. So persistent were field is a vast camp of hero worshippers to nine cities in Eastern Oregon. The the rumors that Gans’ promoter, a tonight, and its hero is Joe Gans . . .’’ service is now being used to track local saloon owner named Larry Sul- This Saturday, the boxing clubs from cargo shipments on the Columbia livan, feared for his safety should his the University of Nevada, Reno, and River, monitor a munitions depot, and fighter lose. Others worried that a win the University of Nevada, Las Vegas, has improved the efficiency of the po- by Gans could start a riot in the town. will fight 42 rounds in honor of the Nel- lice department. The hostility of the town quickly son-Gans match. The sounds of the I have spent the last few moments evaporated once the citizens of Gold- closing bell for each of those 42 rounds talking about the joys and challenges field had an opportunity to meet Joe will be from the original 1906 bell from felt by rural America. Gans. It was his unassuming manner— the fight. And later that evening in As I’ve cited in examples today from and some say a love of the craps ta- nearby Tonopah, the audience will be Elko and Ely, Nevada, rural commu- bles—that endeared Gans to the town. able to watch video footage of the his- nities are coming together to create Prefight negotiations only served to toric bout. new opportunity themselves. But we steer more public support to Gans’ cor- Mr. President, the accomplishments here in Washington need to do every- ner. Gans gave into every one of Nel- of Joe Gans and the citizens of Gold- thing we can to help them succeed. son’s demands, including lowering his field are worthy for recognition before We need solutions that make sense own share of the $30,000 purse to $11,000 the Senate. I am pleased have the op- for the whole country—not just for win or lose. He also agreed to drop his portunity to honor this important an- Washington, D.C., but for places like weight to 133 pounds—well below his niversary today. Winnemucca, and Aurora, NE. normal fighting weight of 142 pounds. We can do it. And we’ll be a better, The change in support was clearly f stronger nation as a result. evident to referee George Siler. He CHANGING THE TIDE f wrote: ‘‘The men who wield the pick think that Gans has been imposed upon Mr. LEVIN. Mr. President, as Detroit BOXING by Nelson’s manager, and they want to residents cope with a rise in homicides Mr. REID. Mr. President, I rise today see him win.’’ The Goldfield News re- and shootings this year, city police are to honor a momentous occasion in the ported the shift in support saying ‘‘... joining with other law enforcement history of Nevada and one of my favor- the camp finds itself in the unique po- agencies in an effort to stem gun-re- ite pastimes: boxing. sition of wishing to see a Negro defeat lated violence through a new program. This September 16, 2006, marks the a white man.’’ By the start of the fight, Operation Tactical Intelligence Driven 100th anniversary of the longest boxing the odds were 2–1 in favor of Gans. Enforcement, or TIDE, was established match in history fought under The fight started in the afternoon to help determine crime patterns, iden- Queensbury rules. For more than 3 under the hot Nevada sun. Some esti- tify the city’s most violent offenders hours, 2 of the greatest boxers in the mates place the ringside temperatures and ultimately prevent crime in the country squared off for 42 rounds in the at more than 100 degrees. Nevertheless, city of Detroit. booming mining community of Gold- more than 6,000 people—and an unprec- Operation TIDE, which began on May field, NV. This fight’s tremendous edented 1,500 women—paid the pricey 5, 2006, in the Detroit Northwestern po- length might be important to the sum of $5 to watch the fight. lice district, involves the coordination ‘‘Guinness Book of World Record,’’ but Surely, none of the spectators knew of 10 Federal, State and local agencies. for Nevada, it was also an important that they would witness one of the It is designed to use the expertise of moment in race relations during a tu- greatest fights in history. As usual, each agency to better track and share multuous period in our country’s his- Nelson tried to outlast his opponents’ intelligence on dangerous criminals. tory. barrage of uppercuts, hooks, and jabs. The U.S. Attorney’s Office, Wayne Boxing promoters throughout the By the end of the seventh round, Nel- County Prosecutor’s Office, Wayne country billed the fight as one of epic son was bleeding from both ears and County Sheriffs Office, U.S. Marshals proportions. Oscar Battling Nelson was Gans knocked him to the mat. But the Service, Federal Bureau of Investiga- one of the toughest fighters in the Durable Dane would not give up. He tion, Michigan State Police and U.S. land. He was nicknamed ‘‘The Durable tried to pin Gans against the ropes, and Drug Enforcement Administration are Dane’’ for his resilient and hard-hitting again Gans knocked him to the mat in all involved in the project. To date, 115 style. Rather than defeat his opponents the 15th round. Nelson bounced back, people tied to gun crimes and gang vio- with skill, Nelson preferred to absorb winning the next three rounds. After lence have been arrested. The program the blows of his opponents and outlast almost 20 rounds, the sun began to set is funded by a $600,000 grant through them in the ring. One biographer even over the Columbia Mountain and it was the Federal Project Safe Neighbor- went so far as to say that Nelson ‘‘gave clear that the fighters were tired. hoods campaign against guns and gang new meaning to the word tough.’’ But neither man would yield. Gans violence and is currently being ex- With such fabled abilities, Nelson broke his hand in the 27th round but panded into the other three police dis- was the early favorite to defeat his op- refused to go down. He continued to tricts. ponent, a 32-year-old African American fight back against Nelson, showing lit- Operation TIDE expands upon the named Joe Gans. The Baltimore native tle sign of the injury. At the end of the current Project Safe Neighborhoods was the reigning lightweight champion 30th round, Nelson hit Gans after the initiative strategy of suppression, de- and the first American-born Black man bell, causing uproar in the crowd. The terrence, prevention/intervention, in- to win a boxing title. His style was a referee, who had warned Nelson about vestigation, prosecution and public sharp contrast to The Durable Dane: fouls throughout the fight, gave him awareness. Project Safe Neighborhoods Gans was quick and fast on his feet and yet another warning. Finally, the Du- is a long-term campaign that has as- known as ‘‘The Old Master.’’ Rather rable Dane began to lose his famed en- sisted in taking many violent offenders than relying on brute strength, Gans durance, while Gans continued to pum- off the streets of Detroit. Since its in- tried to beat his opponents with skill. mel him. In the 42nd round, Nelson ception in 2001, Project Safe Neighbor- Such a marquee match-up was a box- landed an intentional low blow on hoods has played an important role in ing promoter’s dream and was expected Gans. The referee called the fight in a 34 percent reduction in violent crime to promote gold stock in the area. With Gans’ favor. and a 73 percent increase in firearm a record $30,000 purse prize, the fight The telegraph wires carried the re- prosecutions nationally. In the Detroit brought national attention to Gold- sult of the fight across the country. area, it has resulted in more than 800 field, the largest city in Nevada at the And the town’s support for Gans held Federal gun prosecutions. Project Safe

VerDate Aug 31 2005 02:00 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A14SE6.044 S14SEPT1 jcorcoran on PRODPC62 with SENATE S9626 CONGRESSIONAL RECORD — SENATE September 14, 2006 Neighborhoods public awareness cam- tect our nation with the necessary The bill immunizes from prosecution paign has resulted in hundreds of tips court oversight. It will bring the Presi- anyone who breaks into a home or of- leading to prosecution. dent’s program within the law. fice in the United States to search for Ella Bully-Cummings, chief of the It stands in stark contrast to the foreign intelligence information, if he Detroit Police Department, described White House-endorsed bill that grants is acting at the behest of the President. Operation TIDE by saying: sweeping authority to the Executive I would have thought that electronic Our strategy is to supercharge our crime Branch for a program about which we surveillance is a large enough area to prevention and enforcement efforts to reduce know very little. The Bush-Cheney Ad- address in one bill. But apparently, the violent crimes using the intelligence and re- ministration has refused Congress’s re- Administration was unwilling to ad- sources of all law enforcement agencies. Our quests for information. Since when did dress electronic surveillance without police officers work every day at addressing Congress become an arm of the Execu- also reaching for new powers to break active and potential crime in our city limits. tive Branch? Since when was the Sen- into Americans’ homes. By collecting and disseminating the acquired ate reduced to a rubberstamp? Over- We should not grant that kind of intelligence among partnering agencies, blank check to the Executive for a se- crime patterns will be swiftly identified. sight means accountability. Oversight makes Government work better. It pre- cret program we know little about. In- I would like to take this opportunity vents abuses and corruption. We need stead, we should consider the bipar- to thank all the Federal, State, and Government to be as competent and ac- tisan alternative the Judiciary Com- local law enforcement officials for countable as it can be in fighting ter- mittee has endorsed. The Specter-Fein- their outstanding service and their rorism. stein bill is an approach that seeks ac- vital contributions to the safety of our I have been attempting to clarify the countability while ensuring tools to communities. Their commonsense ap- facts and the law relating to the Ad- mount a strong fight against ter- proach plays a significant role in de- ministration’s warrantless wiretapping rorism. creasing gun violence. I am hopeful program since it was first disclosed in The Majority Leader has an oppor- that the 109th Congress will do more to December 2005. During the ensuing tunity to unite the Senate and Ameri- support their efforts by taking up and eight months, we have made numerous cans around this smarter, stronger pro- passing sensible gun safety legislation. efforts to get straight answers from the posal that will help protect Americans f Administration regarding the nature, as well as the values that we hold dear scope and purported legal basis of this as a Nation. I hope that he seizes that NSA-RELATED BILLS AND PRO- opportunity. POSED CHANGES TO WAR program. Our efforts were rebuffed by the most flagrant and disrespectful On a related note, I was a little sur- CRIMES ACT prised to hear the Chairman say earlier stonewalling of any Administration today that the Judiciary Committee Mr. LEAHY. Mr. President, earlier that I have seen in my 32 years in Con- was forwarding proposed language today the President visited Capitol Hill gress. for a closed-door meeting with House While refusing to answer even our changes to the War Crimes Act to the Republicans. It is not often the Presi- most basic questions about its secret Armed Services Committee. I agree dent takes time out of his busy sched- spying program, the Administration with the Chairman that amending the ule to come to Congress. But to meet claimed that Congress approved the War Crimes Act is a matter in the ju- risdiction of the Judiciary Committee, only with Republicans is wrong and di- program when it authorized the use of but I am very concerned about the way visive. military force in Afghanistan—al- in which this important issue has come After his closed door meeting, the though Attorney General Gonzales had President talked about working to- up. to admit that this was an ‘‘evolving’’ The Chairman announced yesterday gether, in a bipartisan way. His walk rationale not present at the time Con- does not match his talk. I wish he in the middle of a special business gress considered its action. The Admin- meeting that the Committee would be would act as a uniter and work with all istration claimed that even if they vio- of us on behalf of all Americans. Re- discussing a proposal. That was news lated the Foreign Intelligence Surveil- to me and the other Democratic mem- grettably, it appears that, once again, lance Act, the President’s powers and this President has chosen to act in a bers of the Committee, who had not their view of the ‘‘unitary executive’’ seen nor heard of the proposal. The partisan way in his role as Republican- must trump the law and the authority in-Chief. That is wrong. Chairman said that a bill had been dis- of Congress. Not since the rationaliza- tributed Tuesday afternoon, but Demo- I hope that all Senators will recog- tion of Richard Nixon for actions dur- crats were not included in any such nize their responsibility to all Ameri- ing the White House horrors and Wa- distribution. cans and exercise their best inde- tergate scandal have we heard such a This is a very serious issue. It cer- pendent judgment, rather than taking claim. And, of course, the Administra- tainly requires meaningful review and orders from the head of their political tion claimed it had all the authority it input from Senators of both parties. It party. needed and no new legislation was is a subject about which I care a great In the Judiciary Committee yester- needed. deal about. day, Senators did exercise that kind of The bill the Chairman negotiated This issue is being considered by the independent judgment when we joined with the White House, in my view, con- Armed Services Committee. Senator together in a bipartisan way to report tains several fundamental flaws: WARNER is working with Senator a bipartisan bill that would amend the The bill makes compliance with LEVIN, and all members of that Com- Foreign Intelligence Surveillance Act FISA entirely optional, and explicitly mittee. I understand that they are also and reign in the Administration’s validates the President’s claim that he consulting with the top military law- warrantless domestic wiretapping pro- has unfettered authority to wiretap yer, who have been ignored by this Ad- gram. That bill, S. 3001, the bill cospon- Americans in the name of national se- ministration. I have seen the letters sored by Senator SPECTER and Senator curity. In other words, it suggests that from GEN Powell and GEN Vessey on FEINSTEIN, was the only proposal that FISA is unconstitutional—a claim for the importance of upholding our treaty drew bipartisan support. I urge the Ma- which there is no judicial precedent obligation and acting in the best inter- jority Leader to recognize the merits of and very little academic support—and ests of protecting Americans through- that bill and our bipartisan efforts by invites the President to ignore it. out the world. moving to proceed to that bill when The bill abandons the traditional, GEN Powell wrote: The world is be- the Senate turns its attention to these case-by-case review contemplated by ginning to doubt the moral basis of our matters. FISA and introduces the concept of fight against terrorism. To refine Com- This bipartisan bill was authored by ‘‘program warrants.’’ If that novel con- mon Article 3 would add to those Senator FEINSTEIN, one of the few Sen- cept is constitutional—which I doubt— doubts. Furthermore, it would put our ators being briefed on the Presidents a single FISA court judge could ap- own troops at risk. He speaks from the program of domestic surveillance with- prove whole programs of electronic sur- perspective of a former chairman of the out warrants. It is intended to ensure veillance that go far beyond the Presi- Joint Chiefs of Staff and a former Sec- our intelligence community can pro- dent’s program. retary of State.

VerDate Aug 31 2005 03:53 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A14SE6.058 S14SEPT1 jcorcoran on PRODPC62 with SENATE September 14, 2006 CONGRESSIONAL RECORD — SENATE S9627 GEN Vessey signaled what relaxing Ghraib was abhorrent, and the per- tion, cleft lip, an abnormality where our adherence to Common Article 3 of petrators did need to be brought to jus- the lip does not completely connect, the Geneva Convention would do: tice. I hope the President and Congres- can vary from a simple disconnect to a ‘‘First, it would undermine the moral sional Republicans will not now pass gaping opening that goes from the lip basis which has generally guided or legislation that prevents us from bring- to the nose. It is easy to understand conduct in war throughout our history. ing people who commit these same des- the developmental and respiratory Second, it could give opponents a legal picable acts to justice. problems this could present. Fortu- argument for the mistreatment of I recognize the concerns about Amer- nately, this condition can usually be Americans being held prisoners in time ican servicemen and women or govern- corrected through one or two simple of war.’’ ment employees being subjected to reconstructive surgeries. But what I worked hard, along with many oth- prosecutions for conduct that could be about other anomalies that are not as ers of both parties, to pass the current seen as ambiguous. I believe the War easily corrected like craniosynostosis, version of the War Crimes Act. I think Crimes Act, as is, would not support a condition where the soft spots of an the current law is a good law, and the prosecutions for conduct that was less infant’s skull close too early, hindering concerns that have been raised about it than abhorrent. Indeed, to date, the normal brain and skull growth? Or could best be addressed with minor ad- Bush Administration has not brought a Goldenhar syndrome, where one side of justments, rather than with the sweep- single charge pursuant to the War the face is underdeveloped affecting ing changes suggested here. Crimes Act. the mouth, ear and jaw? Unfortunately In 1996, working with the Department I would support amending the War these do not represent the most severe of Defense, Congress passed the War Crimes Act so that only ‘‘serious’’ vio- or rarest craniofacial defects. Crimes Act to provide criminal pen- lations of Common Article 3 of the Ge- alties for certain war crimes com- neva Conventions were prosecutable At only 10 months old, Wendelyn mitted by and against Americans. The under the War Crimes Act. This fix Osborne, who grew up in the small next year, again with the Pentagon’s would address any legitimate fears town of Ashdown, AR, was diagnosed support, Congress extended the War without creating a list of covered con- with Craniometaphyseal Dysplasia, or Crimes Act to violations of the base- duct that excludes much of the conduct simply CMD. CMD is a rare affliction line humanitarian protections afforded that is most troubling. which affects only 200 people worldwide by Common Article 3 of the Geneva Let me be clear. There is no problem and was depicted in the 1985 movie Conventions. Both measures were sup- facing us about overzealous use of the ‘‘Mask’’ starring Cher. CMD involves ported by a broad bipartisan consensus, War Crimes Act by prosecutors. In fact, an overgrowth of bone which never de- and I was proud to sponsor the 1997 as far as I can tell, the Ashcroft Jus- teriorates. This caused, in her case, an amendments. tice Department and the Gonzales Jus- abnormal appearance, bilateral facial The legislation was uncontroversial tice Department have yet to file a sin- paralysis and deafness. Other cases can for a good reason. The purpose and ef- gle charge against anyone for violation include those characteristics as well as fect of the War Crimes Act as amended of the War Crimes Act. Not only have blindness and joint pain. Yet despite was to provide for the implementation they never charged American personnel the challenges she has faced, of America’s commitment to the basic under the Act, they have never used it Wendelyn’s life has truly been blessed. international standards we subscribed to charge terrorists either. Her life expectancy was only 14 years to when we ratified the Geneva Con- The President and the Congress at birth, but after 17 reconstructive ventions in 1955. Those standards are should not be in the business of immu- surgeries and two hearing aids, truly universal: They condemn war nizing people who have broken the law, Wendelyn is still alive today at the age criminals whoever and wherever they made us less safe, turning world opin- of 40. It was not until 2003 that are. ion against us, and undercutting our Wendelyn was able to meet and inter- That is a critically important aspect treaty obligations in ways that encour- act with other people with craniofacial of the Geneva Conventions and our own age others to ignore the protections conditions. She attended the Annual War Crimes Act. When we are dealing those treaties provide to Americans. Cher’s Family retreat and was intro- with fundamental norms that define We should be very careful about any duced to CCA, the Children’s the commitments of the civilized changes we make. Craniofacial Association. Wendelyn world, we cannot have one rule for us I yield the floor. saw the impact of support and encour- and one for them, however we define f agement through the programs and the ‘‘us’’ and ‘‘them.’’ families associated with CCA, and has CRANIOFACIAL ACCEPTANCE I am disturbed by the draft legisla- been active with the organization ever MONTH tion, which seems to narrow the scope since. of the War Crimes Act to exclude cer- Mr. PRYOR. Mr. President, I rise CCA has designated September as Na- tain violations of the Geneva Conven- today to call attention to the fact that tional Craniofacial Acceptance Month tions and which could have the effect September has been designated as in hopes of raising awareness of indi- of retroactively immunizing past viola- Craniofacial Acceptance Month. viduals with facial differences. It is not tions that may have been committed Craniofacial abnormalities are abnor- a secret that appearance plays a key by U.S. personnel. malities that affect the skull and face. The narrowing of these definitions According to the National Institute of part in how individuals are accepted in have the potential effect of immuniz- Dental and Craniofacial Research, our society. People with facial dif- ing past war crimes. It also could well ‘‘craniofacial defects are among the ferences, in addition to medical prob- prevent us from prosecuting rogues most common of all birth defects. lems, have a much harder time adjust- who we all agree were out of line like These disorders are often devastating ing in society and developing success- the soldiers who mistreated prisoners to parents and children alike. Surgery, ful relationships. Such individuals at Abu Ghraib. dental care, psychological counseling, have to deal with a series of con- Many of the despicable tactics used and rehabilitation may help ameliorate sequences that arise from uncontrol- in Abu Ghraib—the use of dogs, forced the problems, but often at a great cost lable circumstances of their birth. nudity, humiliation of various kinds— and over many years.’’ Victims of Marking September as National do not appear to be covered by the nar- craniofacial anomalies usually have to Craniofacial Acceptance Month brings row definitions this draft would incor- endure many expensive procedures attention to an issue that can no porate into the War Crimes Act. If this throughout their lifetimes, the costs of longer be ignored. were the law, and the Abu Ghraib which can add up to cost millions of Hopefully, by raising awareness of abuses had come to light after the per- dollars. craniofacial defects, our larger society petrators left the military, they might Facial deformities give their victims will begin to show understanding and not have been brought to justice. The a variety of aesthetic and develop- acceptance of those who live with these President and the Republican leader mental problems that differ in severity physical, medical, and emotional chal- have conceded that the conduct at Abu and occurrence. The common condi- lenges. Understanding and increased

VerDate Aug 31 2005 02:38 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A14SE6.054 S14SEPT1 jcorcoran on PRODPC62 with SENATE S9628 CONGRESSIONAL RECORD — SENATE September 14, 2006 public awareness of craniofacial dis- Committee, testified before Congress the system, Tammy and her family are orders and abnormalities would let peo- on automotive issues, and was a walking the walk. Ghandi said that ple like Wendelyn Osborne and hun- sought-after speaker on the subject of ‘‘You must be the change you want to dreds of thousands of innocent individ- international trade. June received the see in the world.’’ And that is exactly uals know that they are not unwanted Industry Week Excellence in Manage- what Tammy and the young people of and not alone in their battle with ment Award and was selected to the Elevate are doing. craniofacial conditions. I would like to Committee of 200, an organization of This week, Tammy Mahan is in commend CCA on taking an important the top 200 women business leaders in Washington to be honored for her out- step to raise awareness about this America. standing public service. She is receiv- issue. I join the Children’s Craniofacial In addition to her work in the auto- ing a 2006 ‘‘Angel in Adoption’’ award Association in looking forward to the motive industry, she was also active in from the Congressional Coalition on day when our Nation will ‘‘look beyond petroleum exploration and production, Adoption. This is an honor richly de- the face, to the heart within.’’ I salute farming, and garment manufacturing. served. I congratulate Tammy, and I the Children’s Craniofacial Associa- In the 1980s, June’s company was salute not only her work but also the tion, Wendelyn Osborne, and all of the awarded a government contract to good work being done by all the young children and adults who live with these produce chemical warfare protective activists in Elevate.∑ challenges and the families and persons clothing which was used during the f who support them. first gulf war. HONORING DR. EDGAR WAYBURN June was an inspiration to many and f ∑ I am truly grateful for the endless con- Mrs. FEINSTEIN. Mr. President, I ADDITIONAL STATEMENTS tributions she made to Alabama and join with friends and associates across our Nation. She will be missed by her the country to honor the 100th birth- day on September 17 of Dr. Edgar TRIBUTE TO ARTHUR A. KROETCH husband Tim Fletcher; her five chil- dren, Kara Davis, Ondi Cain, Roessler Wayburn of San Francisco. From the ∑ Mr. THUNE. Mr. President, today I Collier, Arin Burroughs, Kohler Collier; time that his appreciation of the Amer- recognize Arthur A. Kroetch of Philip, her stepchildren, Tom Fletcher, Jr., ican landscape began in Macon, GA, to SD, and his company Scotchman Indus- Carrie Fletcher; her 12 grandchildren his role today as honorary president of the Sierra Club, Dr. Wayburn has built tries, Inc. Scotchman Industries has and 2 great-grandchildren. She will a lifetime of conservation activism enjoyed a long and rich history in my also be missed by her many friends and that has immeasurably benefited our home State. the numerous people she worked with In October of 1956, Art Kroetch, with country and the world. whose lives she touched throughout her Across our Nation, 100,000,000 acres of the help of his wife Eleanor, started a magnificent journey.∑ small scrap metal business in Philip. some of the most beautiful landscape f Since its start, Art’s business has in the world are protected for future steadily progressed from a scrap metal TRIBUTE TO TAMMY MAHAN generations thanks in large part to the business into an agricultural tool man- ∑ Mr. HARKIN. Mr. President, one of dedicated efforts of Dr. Wayburn. Never ufacturer, to a national machine tool the great joys of my job as Senator is a full-time conservationist, Dr. Wayburn has dedicated weekends and manufacturer, and finally into what it working closely with talented, dedi- hours away from his medical practice is today, an industry leading, multi- cated Iowans from all walks of life. I to protecting our wild lands and wild- national machine tool manufacturer. would like to take a moment to salute Small businesses are the backbone of life. one of those exceptional people, From the Mount Tamalpais State the great State of South Dakota and I Tammy Mahan, an outstanding social Park in California to Admiralty Island commend Art not only for his success worker, and a passionate advocate for in southeastern Alaska, Dr. Wayburn’s with Scotchman Industries, but also adoption and foster care. accomplishments read as an honor roll for his contributions to his community Tammy has dedicated her life to chil- of conservation achievements. He has and State. dren, and has made a profound dif- been a true visionary in promotion of It gives me great pleasure to rise ference in the lives of countless foster conservation and has inspired count- with the town of Philip in congratu- and adopted youngsters in Iowa and less other Americans. lating Scotchman Industries and Art across the United States. In her ‘‘day One example in particular uniquely Kroetch on 50 years of successful oper- job,’’ Tammy works at Children and epitomizes Dr. Wayburn’s legacy. Driv- ation.∑ Families of Iowa, where she is respon- ing out of San Francisco International f sible for assisting foster parents Airport, you face west toward the hills through the licensing process. of San Mateo County. Beyond those TRIBUTE IN HONOR OF JUNE A year ago, Tammy went beyond the COLLIER FLETCHER hills, along the coast for more than 10 call of duty by starting up a new orga- miles to the south and for 75 miles to ∑ Mr. SHELBY. Mr. President, today I nization in Des Moines called Elevate. the north stands one or our country’s honor June Collier Fletcher, one of Elevate is a growing team of young most majestic national parks—the Alabama’s most influential women, people who are active in a variety of Golden Gate National Recreation Area. who died on September 9, 2006. She rose important ways. They recruit families The park encompasses 80,000 acres in 3 from a meager upbringing to become to foster or adopt teenagers. They edu- counties and lies adjacent to Point the president and CEO of National In- cate legislators and the public about Reyes National Seashore; thus more dustries, Inc. Once the largest private foster care and adoption. And they than 150,000 acres are preserved for employer in Montgomery, June built work to empower and increase the self- habitat and wildlife and are enjoyed by National Industries from the ground up esteem of other teenagers who join the more than 20 million people every year. to become a major automotive supplier team as advocates. Elevate is doing Dr. Wayburn played an instrumental employing 5,000 Alabamians. wonderful things nationwide to encour- part in the founding of both of these June’s drive and ambition allowed age foster care and adoption. And the national parks. her to become a leader in an industry young people who are active in Elevate For over 100 years, the U.S. military dominated by men. Under her guidance are just fantastic; they are passionate fortified the region now home to the and leadership, National Industries be- about their work, and they are setting Golden Gate National Recreation Area. came a flourishing $130 million-a-year a wonderful example for their peers. But in the 1960s the military became electrical connection business. I am deeply grateful to Tammy aware that its bunkers and missiles Over the years, June was recognized Mahan for all that she is doing in the had little value for our Nation’s de- for her hard work, dedication, and ex- community. By the way, Tammy and fense and made plans to sell parts of pertise and received numerous awards her husband Mitchell, are adoptive par- the area’s installations and fortifica- and accolades. She served as a member ents of two children. While it is easy tions. of the Commerce Department’s pres- for some professionals to talk the talk Bay Area residents were determined tigious Industrial Policy Advisory of youth empowerment and improving that this magnificent landscape not be

VerDate Aug 31 2005 03:53 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A14SE6.051 S14SEPT1 jcorcoran on PRODPC62 with SENATE September 14, 2006 CONGRESSIONAL RECORD — SENATE S9629 lost to ordinary development. Here was current resolution, in which it requests H.R. 5815. An act to authorize major med- the chance for people to see the natural the concurrence of the Senate: ical facility projects and major medical fa- world in an urban context, to look H. Con. Res. 444. Concurrent resolution ex- cility leases for the Department of Veterans upon the wilderness from the city, and tending the appreciation of Congress and the Affairs for fiscal years 2006 and 2007, and for Nation to the Department of Defense organi- other purposes; to the Committee on Vet- Dr. Wayburn helped lead the way. erans’ Affairs. When he learned of a farsighted Inte- zations, military departments, and personnel rior Department proposal to preserve engaged in the mission to achieve the fullest The following concurrent resolution possible accounting for all Americans unac- underused military land across the Na- was read, and referred as indicated: counted for as a result of the Nation’s wars, H. Con. Res. 444. Concurrent resolution ex- tion for public use and enjoyment, he to the POW/MIA families and veterans who became the leader of the citizens’ tending the thanks of Congress and the Na- support the mission, and to foreign nations tion to the Defense POW Missing Personnel group organized to save the land at his that assist in the mission. Office, the Joint POW MIA Accounting Com- doorstep. He also insisted upon en- At 5:01 p.m., a message from the mand of the Department of Defense, the largement of the original 8,000-acre Armed Forces DNA Identification Labora- proposal. House of Representatives, delivered by tory, the Air Force Life Sciences Equipment Thanks to widespread support and Mr. Hays, one of its reading clerks, an- Laboratory, and the military departments the indefatigable efforts of Dr. nounced that the House disagrees to and to the Socialist Republic of Vietnam for Wayburn, the campaign to protect this the amendment of the Senate to the their efforts to achieve the fullest possible invaluable natural treasure was a re- bill (H.R. 2864) to provide for the con- accounting of all Americans unaccounted for servation and development of water as a result of the Vietnam War; to the Com- sounding success. Congress authorized mittee on Armed Services. the Golden Gate National Recreation and related resources, to authorize the Area in 1972, which now stands as a Secretary of the Army to construct f monument to the committed efforts of various projects and improvements to MEASURES READ THE FIRST TIME rivers and harbors of the United so many like Dr. Wayburn. The following bill was read the first States, and for other purposes, and The story of the Golden Gate Na- time: asks a conference with the Senate on tional Recreation Area stands as just H.R. 6061. An act to establish operational one of many achievements that mark the disagreeing votes of the two Houses thereon; and appoints the following control over the international land and mar- Dr. Wayburn’s inimitable career. itime borders of the United States. members as the managers of the con- In 1999, President Bill Clinton recog- f nized Dr. Wayburn’s lifetime of service ference on the part of the House: by awarding him our Nation’s highest From the Committee on Transpor- REPORTS OF COMMITTEES civilian honor—the Presidential Medal tation and Infrastructure, for consider- The following reports of committees of Freedom. In honoring his achieve- ation of the House bill and the Senate were submitted: amendment, and modifications com- ments, President Clinton counted Dr. By Mr. INHOFE, from the Committee on mitted to conference: Messrs. YOUNG of Wayburn as the person who had saved Environment and Public Works, with an ‘‘more of our wilderness than any other Alaska, DUNCAN, BAKER, GARY G. MIL- amendment in the nature of a substitute: person alive.’’ I can think of no more LER of California, BROWN of South H.R. 5689. A bill to amend the Safe, Ac- fitting praise to offer Dr. Wayburn. Carolina, BOOZMAN, OBERSTAR, Ms. countable, Flexible, Efficient Transportation Dr. Wayburn has created a legacy EDDIE BERNICE JOHNSON of Texas, Equity Act: A Legacy for Users to make Messrs. COSTELLO, and BISHOP of New technical corrections, and for other pur- that will live on for generations to poses. come, and he has made our Nation and York. From the Committee on Resources, By Mr. WARNER, from the Committee on our world a better place. I commend for consideration of Sections 2017, 2020, Armed Services, without amendment: him on his efforts and offer my heart- S. 3901. An original bill to authorize trial 2025, and 2027 of the House bill, and sec- felt gratitude for his service.∑ by military commission for violations of the tions 3019, 5007, and 5008 of the Senate law of war, and for other purposes. f amendment, and modifications com- f MESSAGES FROM THE HOUSE mitted to conference: Mr. POMBO, Mrs. MUSGRAVE, and Mr. KIND. EXECUTIVE REPORT OF At 11:58 a.m., a message from the COMMITTEE House of Representatives, delivered by f The following executive report of a Mr. Hays, one of its reading clerks, an- ENROLLED BILLS SIGNED nomination was submitted: nounced that the House has passed the At 6:18 p.m., a message from the following bills, without amendment: By Mr. MCCAIN for the Committee on In- House of Representatives, delivered by dian Affairs. S. 2590. An act to require full disclosure of Ms. Niland, one of its reading clerks, *Carl Joseph Artman, of Colorado, to be an all entities and organizations receiving Fed- announced that the Speaker has signed Assistant Secretary of the Interior. eral funds. the following enrolled bills: S. 2784. An act to award a congressional *Nomination was reported with rec- S. 1773. An act to resolve certain Native gold medal to Tenzin Gyatso, the Fourteenth ommendation that it be confirmed sub- American claims in New Mexico, and for Dalai Lama, in recognition of his many en- ject to the nominee’s commitment to other purposes. during and outstanding contributions to H.R. 866. An act to make technical correc- respond to requests to appear and tes- peace, nonviolence, human rights, and reli- tions to the United States Code. tify before any duly constituted com- gious understanding. H.R. 2808. An act to require the Secretary mittee of the Senate. The message also announced that the of the Treasury to mint coins in commemo- f House has agreed to the following con- ration of the bicentennial of the birth of current resolution, without amend- Abraham Lincoln. INTRODUCTION OF BILLS AND JOINT RESOLUTIONS ment: At 6:35 p.m., a message from the S. Con. Res. 114. Concurrent resolution pro- House of Representatives, delivered by The following bills and joint resolu- viding for corrections to the enrollment of Ms. Niland, one of its reading clerks, tions were introduced, read the first the bill S. 2590. announced that the House has passed and second times by unanimous con- The message further announced that the following bill, in which it requests sent, and referred as indicated: the House has passed the following bill, the concurrence of the Senate: By Mr. FRIST (for himself, Mr. MCCAIN, and Mrs. HUTCHISON): in which it requests the concurrence of H.R. 6061. An act to establish operational S. 3892. A bill to reduce the number of the Senate: control over the international land and mar- deaths along the border between the United H.R. 5815. An act to authorize major med- itime borders of the United States. States and Mexico by improving the place- ical facility projects and major medical fa- f ment of rescue beacons, and for other pur- cility leases for the Department of Veterans poses; to the Committee on the Judiciary. Affairs for fiscal years 2006 and 2007, and for MEASURES REFERRED By Mr. SCHUMER (for himself and other purposes. The following bill was read the first Mrs. FEINSTEIN): The message also announced that the and the second times by unanimous S. 3893. A bill to amend the Internal Rev- House has agreed to the following con- consent, and referred as indicated: enue Code of 1986 to increase the adjusted

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gross income limitation for qualified per- S. Res. 570. A resolution designating the S. 1360 forming artists eligible for an above-the-line month of September as ‘‘National American At the request of Mr. SMITH, the deduction for performance expenses; to the History and Heritage Month’’; to the Com- name of the Senator from Connecticut Committee on Finance. mittee on the Judiciary. (Mr. DODD) was added as a cosponsor of By Mr. BOND (for himself, Mr. TALENT, By Mr. FRIST (for himself, Mr. REID, S. 1360, a bill to amend the Internal Mr. DURBIN, and Mr. OBAMA): Mr. MARTINEZ, Mr. SALAZAR, Mr. S. 3894. A bill to amend the Internal Rev- SANTORUM, Mrs. HUTCHISON, Mr. Revenue Code of 1986 to extend the ex- enue Code of 1986 to alleviate poverty by en- CRAPO, Mr. ALEXANDER, Mr. BINGA- clusion from gross income for em- couraging the employment of residents by MAN, Mr. LIEBERMAN, Mr. MENENDEZ, ployer-provided health coverage to des- empowerment zone businesses through the and Mr. NELSON of Florida): ignated plan beneficiaries of employ- employment of residents in designated areas S. Res. 571. A resolution recognizing His- ees, and for other purposes. panic Heritage Month and celebrating the of pervasive poverty, unemployment, and S. 1915 general distress; to the Committee on Fi- vast contributions of Hispanic Americans to At the request of Mr. ENSIGN, the nance. the strength and culture of the United By Mrs. BOXER (for herself and Mrs. States; considered and agreed to. name of the Senator from New York FEINSTEIN): By Mr. BURNS (for himself and Ms. (Mr. SCHUMER) was added as a cospon- S. 3895. A bill to establish the Sacramento CANTWELL): sor of S. 1915, a bill to amend the Horse River National Recreation Area in the State S. Con. Res. 115. A concurrent resolution Protection Act to prohibit the ship- of California; to the Committee on Energy expressing the sense of Congress with respect ping, transporting, moving, delivering, to raising awareness and enhancing the state and Natural Resources. receiving, possessing, purchasing, sell- By Ms. STABENOW (for herself and of computer security in the United States, and supporting the goals and ideals of Na- ing, or donation of horses and other Mr. LEVIN): equines to be slaughtered for human S. 3896. A bill to provide for the return of tional Cyber Security Awareness Month; to the Fresnel Lens to the lantern room atop the Committee on Commerce, Science, and consumption, and for other purposes. Presque Isle Light Station Lighthouse, Transportation. S. 2010 Michigan, and for other purposes; to the f At the request of Mr. HATCH, the Committee on Commerce, Science, and ADDITIONAL COSPONSORS name of the Senator from Pennsyl- Transportation. vania (Mr. SPECTER) was added as a co- By Mr. GRASSLEY (for himself and S. 155 sponsor of S. 2010, a bill to amend the Mr. BAUCUS): At the request of Mrs. FEINSTEIN, the Social Security Act to enhance the So- S. 3897. A bill to amend titles XI and XVIII name of the Senator from Virginia (Mr. cial Security of the Nation by ensuring of the Social Security Act to provide for the ALLEN) was added as a cosponsor of S. adequate public-private infrastructure sharing of certain data collected by the Cen- 155, a bill to increase and enhance law and to resolve to prevent, detect, treat, ters for Medicare & Medicaid Services with enforcement resources committed to certain agencies, research centers and orga- intervene in, and prosecute elder abuse, investigation and prosecution of vio- nizations, and congressional support agen- neglect, and exploitation, and for other lent gangs, to deter and punish violent cies; from the Committee on Finance; to the purposes. Committee on Finance. gang crime, to protect law-abiding citi- S. 2250 By Mr. HAGEL: zens and communities from violent S. 3898. A bill to amend the Homeland Se- criminals, to revise and enhance crimi- At the request of Mr. GRASSLEY, the curity Act to provide for the health of Amer- nal penalties for violent crimes, to re- names of the Senator from California icans by implementing a system that detects form and facilitate prosecution of juve- (Mrs. BOXER), the Senator from Maine and identifies in a timely manner diseases, nile gang members who commit violent (Ms. COLLINS), the Senator from Ohio conditions, and events that represent a crimes, to expand and improve gang (Mr. DEWINE), the Senator from Kansas threat to humans, animals, food production prevention programs, and for other (Mr. ROBERTS), the Senator from Dela- and the water supply; to the Committee on ware (Mr. BIDEN), the Senator from Homeland Security and Governmental Af- purposes. Maryland (Ms. MIKULSKI), the Senator fairs. S. 503 By Mr. DORGAN (for himself and Mr. At the request of Mr. BOND, the name from Washington (Mrs. MURRAY) and FEINGOLD): of the Senator from Minnesota (Mr. the Senator from New York (Mrs. CLIN- S. 3899. A bill to achieve balance in the for- COLEMAN) was added as a cosponsor of TON) were added as cosponsors of S. eign trade of the United States, through a S. 503, a bill to expand Parents as 2250, a bill to award a congressional market-based system of tradable certifi- Teachers programs and other quality gold medal to Dr. Norman E. Borlaug. cates, and for other purposes; to the Com- S. 2475 mittee on Finance. programs of early childhood home visi- At the request of Mr. SALAZAR, the By Mr. GREGG (for himself, Mr. FRIST, tation, and for other purposes. Mr. BURR, Mr. CORNYN, and Mr. BEN- S. 713 name of the Senator from Nevada (Mr. NETT): At the request of Mr. ROBERTS, the REID) was added as a cosponsor of S. S. 3900. A bill to amend title XVIII of the name of the Senator from South Da- 2475, a bill to establish the Commission Social Security Act to improve the quality kota (Mr. THUNE) was added as a co- to Study the Potential Creation of a and efficiency of health care, to provide the sponsor of S. 713, a bill to amend the National Museum of the American public with information on provider and sup- Internal Revenue Code of 1986 to pro- Latino Community, to develop a plan plier performance, and to enhance the edu- vide for collegiate housing and infra- of action for the establishment and cation and awareness of consumers for evalu- maintenance of a National Museum of ating health care services through the devel- structure grants. opment and release of reports based on Medi- S. 1172 the American Latino Community in care enrollment, claims, survey, and assess- At the request of Mr. SPECTER, the Washington, DC, and for other pur- ment data; to the Committee on Finance. name of the Senator from Vermont poses. By Mr. WARNER: (Mr. LEAHY) was added as a cosponsor S. 2491 S. 3901. An original bill to authorize trial of S. 1172, a bill to provide for programs At the request of Mr. CORNYN, the by military commission for violations of the to increase the awareness and knowl- names of the Senator from New Hamp- law of war, and for other purposes; from the shire (Mr. SUNUNU), the Senator from Committee on Armed Services; placed on the edge of women and health care pro- calendar. viders with respect to gynecologic can- Kentucky (Mr. MCCONNELL), the Sen- By Mr. BAUCUS: cers. ator from Kentucky (Mr. BUNNING), the S. 3902. A bill to provide for education com- S. 1244 Senator from Indiana (Mr. BAYH) and petitiveness; to the Committee on Finance. At the request of Mr. GRASSLEY, the the Senator from Alaska (Mr. STEVENS) f name of the Senator from Nevada (Mr. were added as cosponsors of S. 2491, a ENSIGN) was added as a cosponsor of S. bill to award a Congressional gold SUBMISSION OF CONCURRENT AND 1244, a bill to amend the Internal Rev- medal to Byron Nelson in recognition SENATE RESOLUTIONS enue Code of 1986 to allow individuals a of his significant contributions to the The following concurrent resolutions deduction for qualified long-term care game of golf as a player, a teacher, and and Senate resolutions were read, and insurance premiums, use of such insur- a commentator. referred (or acted upon), as indicated: ance under cafeteria plans and flexible S. 2707 By Mr. DEWINE (for himself and Mr. spending arrangements, and a credit At the request of Mr. SUNUNU, the VOINOVICH): for individuals with long-term needs. names of the Senator from Maine (Ms.

VerDate Aug 31 2005 02:38 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A14SE6.069 S14SEPT1 jcorcoran on PRODPC62 with SENATE September 14, 2006 CONGRESSIONAL RECORD — SENATE S9631 SNOWE) and the Senator from West Vir- S. 3744 AMENDMENT NO. 5005 ginia (Mr. ROCKEFELLER) were added as At the request of Mr. DURBIN, the At the request of Mr. ROCKEFELLER, cosponsors of S. 2707, a bill to amend name of the Senator from South Caro- his name was added as a cosponsor of the United States Housing Act of 1937 lina (Mr. GRAHAM) was added as a co- amendment No. 5005 intended to be pro- to exempt qualified public housing sponsor of S. 3744, a bill to establish posed to H.R. 4954, a bill to improve agencies from the requirement of pre- the Abraham Lincoln Study Abroad maritime and cargo security through paring an annual public housing agen- Program. enhanced layered defenses, and for cy plan. S. 3771 other purposes. S. 2750 At the request of Mr. HATCH, the At the request of Mr. LEVIN, his name At the request of Mr. DEMINT, the names of the Senator from Indiana was added as a cosponsor of amend- name of the Senator from Pennsyl- (Mr. LUGAR), the Senator from Virginia ment No. 5005 intended to be proposed vania (Mr. SANTORUM) was added as a (Mr. WARNER), the Senator from Vir- to H.R. 4954, supra. cosponsor of S. 2750, a bill to improve ginia (Mr. ALLEN), and the Senator At the request of Mr. MENENDEZ, his access to emergency medical services from Idaho (Mr. CRAIG) were added as name was added as a cosponsor of through medical liability reform and cosponsors of S. 3771, a bill to amend amendment No. 5005 intended to be pro- additional Medicare payments. the Public Health Service Act to pro- posed to H.R. 4954, supra. S. 3238 vide additional authorizations of ap- At the request of Ms. MIKULSKI, her At the request of Mr. CORNYN, the propriations for the health centers pro- name was added as a cosponsor of names of the Senator from Ohio (Mr. gram under section 330 of such Act. amendment No. 5005 intended to be pro- VOINOVICH), the Senator from Min- AMENDMENT NO. 4923 posed to H.R. 4954, supra. nesota (Mr. COLEMAN), the Senator At the request of Mr. ISAKSON, the f name of the Senator from Massachu- from Florida (Mr. MARTINEZ), and the STATEMENTS ON INTRODUCED setts (Mr. KENNEDY) was added as a co- Senator from Indiana (Mr. BAYH) were BILLS AND JOINT RESOLUTIONS added as cosponsors of S. 3238, a bill to sponsor of amendment No. 4923 pro- require the Secretary of the Treasury posed to H.R. 4954, a bill to improve By Mr. FRIST (for himself, Mr. to mint coins in commemoration of the maritime and cargo security through MCCAIN, and Mrs. HUTCHISON): 50th anniversary of the establishment enhanced layered defenses, and for S. 3892. A bill to reduce the number of the National Aeronautics and Space other purposes. of deaths along the border between the Administration and the Jet Propulsion AMENDMENT NO. 4945 United States and Mexico by improving Laboratory. At the request of Mr. NELSON of Ne- the placement of rescue beacons, and braska, the names of the Senator from for other purposes; to the Committee S. 3275 Louisiana (Ms. LANDRIEU) and the Sen- on the Judiciary. At the request of Mr. ALLEN, the Mr. FRIST. Mr. President, one cold name of the Senator from New Mexico ator from Iowa (Mr. HARKIN) were added as cosponsors of amendment No. May morning earlier this year, a Bor- (Mr. DOMENICI) was added as a cospon- 4945 proposed to H.R. 4954, a bill to im- der Patrol agent found the body of a 3- sor of S. 3275, a bill to amend title 18, prove maritime and cargo security year-old boy in a blue windbreaker, his United States Code, to provide a na- through enhanced layered defenses, and arms crossed. He had died trying to tional standard in accordance with for other purposes. cross our southern border, the young- which nonresidents of a State may est victim our borders have claimed carry concealed firearms in the State. AMENDMENT NO. 5003 At the request of Mr. BAUCUS, the this year. S. 3519 names of the Senator from Illinois (Mr. The boy’s mother’s name is Edith At the request of Mr. HATCH, the DURBIN), the Senator from Oregon (Mr. Rodriguez. She is 25 years old. She at- name of the Senator from Wisconsin WYDEN), the Senator from Delaware tempted to cross the border illegally, (Mr. FEINGOLD) was added as a cospon- (Mr. BIDEN), the Senator from New Jer- in hopes that she might escape the des- sor of S. 3519, a bill to reform the State sey (Mr. LAUTENBERG), the Senator perate poverty of her home state of inspection of meat and poultry in the from Nebraska (Mr. NELSON), the Sen- Veracruz, Mexico. Edith hired a human United States, and for other purposes. ator from North Dakota (Mr. CONRAD), smuggler—a coyote. S. 3609 the Senator from Maryland (Mr. SAR- The coyote gave his charges an ille- At the request of Mrs. LINCOLN, the BANES), the Senator from Vermont (Mr. gal drug, ephedrine, to help them keep name of the Senator from North Da- LEAHY), and the Senator from West awake and moving. But Edith and her kota (Mr. DORGAN) was added as a co- Virginia (Mr. BYRD) were added as co- son still could not keep up with the sponsor of S. 3609, a bill to amend title sponsors of amendment No. 5003 in- group. So the coyote, in a cruel and XVIII of the Social Security Act to tended to be proposed to H.R. 4096, a heartless act, abandoned them in the provide for the treatment of certain bill to amend the Internal Revenue desert. Alone. With no food and little physician pathology services under the Code of 1986 to extend to 2006 the alter- water, with a dangerous drug coursing Medicare program. native minimum tax relief available in through his system, exposed to the ele- S. 3628 2005 and to index such relief for infla- ments—Edith Rodriguez’s little boy At the request of Ms. SNOWE, the tion. died. name of the Senator from Pennsyl- AMENDMENT NO. 5004 Edith Rodriguez violated the laws of vania (Mr. SANTORUM) was added as a At the request of Mr. BAUCUS, the the United States when she crossed the cosponsor of S. 3628, a bill to amend the names of the Senator from Illinois (Mr. border illegally. She was wrong to vio- Internal Revenue Code of 1986 to im- DURBIN), the Senator from Oregon (Mr. late our border. But all should agree prove and extend certain energy-re- WYDEN), the Senator from Delaware that her son did not deserve to die. lated tax provisions, and for other pur- (Mr. BIDEN), the Senator from New Jer- Here are the facts: Every 181⁄2 hours, poses. sey (Mr. LAUTENBERG), the Senator someone dies trying to cross the border S. 3705 from Nebraska (Mr. NELSON), the Sen- between the United States and Mexico. At the request of Mr. KENNEDY, the ator from North Dakota (Mr. CONRAD), About a year ago, I asked the Govern- name of the Senator from California the Senator from Maryland (Mr. SAR- ment Accountability Office to study (Mrs. FEINSTEIN) was added as a co- BANES), the Senator from Vermont (Mr. the deaths that take place along Amer- sponsor of S. 3705, a bill to amend title LEAHY), and the Senator from West ica’s borders. XIX of the Social Security Act to im- Virginia (Mr. BYRD) were added as co- Today, my office released that study. prove requirements under the Medicaid sponsors of amendment No. 5004 in- The results are sobering, shocking, program for items and services fur- tended to be proposed to H.R. 4096, a and, I strongly believe, a cause for ac- nished in or through an educational bill to amend the Internal Revenue tion. Since 1995, deaths along our bor- program or setting to children, includ- Code of 1986 to extend to 2006 the alter- ders have doubled. Despite the heroic ing children with developmental, phys- native minimum tax relief available in rescue efforts of the men and women of ical, or mental health needs, and for 2005 and to index such relief for infla- Customs and Border Protection, things other purposes. tion. have gotten worse. In 1995, 266 people

VerDate Aug 31 2005 02:38 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A14SE6.070 S14SEPT1 jcorcoran on PRODPC62 with SENATE S9632 CONGRESSIONAL RECORD — SENATE September 14, 2006 died trying to cross our borders. Last There being no objection, the text of ment of this Act, the Commissioner of Cus- year, 427 perished. the bill was ordered to be printed in toms shall deploy additional rescue beacons The increases, it appears, stem large- the RECORD, as follows: in all areas recommended in the report re- ly from an increase in deaths from ex- quired by section 5. S. 3892 (b) GUIDELINES FOR PLACEMENT OF RESCUE posure to the elements in the Sonoran Be it enacted by the Senate and House of Rep- BEACONS.—Not later than 1 year after the Desert in Arizona. Illegal entries, how- resentatives of the United States of America in date of the enactment of this Act, the Com- ever, have not increased. Quite frankly, Congress assembled, missioner of Customs shall issue to all sector it is getting more dangerous to cross SECTION 1. SHORT TITLE. chiefs formal, written guidelines for the on- our border. This Act may be cited as the ‘‘Border going placement and removal of rescue bea- Until recently, CBP did not even Death Reduction Act of 2006’’. cons and the appropriate response to the ac- tivation of such beacons. keep a systematic count of those who SEC. 2. DEFINITION OF A RESCUE BEACON. died crossing our borders. We still do (c) AUTHORIZATION OF APPROPRIATIONS.— In this Act, the term ‘‘rescue beacon’’ There are authorized to be appropriated not have a unified national strategy for means a clearly visible device with an inter- $1,500,000 to carry out the provisions of this reducing the deaths. We still do not nal power source that is placed in an area section. know how well our safety efforts likely to experience extreme weather, that SEC. 7. PROHIBITION ON ABANDONMENT OF work—if they are saving lives or not. contains instructions for its use, and by ALIENS IN A BORDER ZONE. We need to do more. means of lights, radio signals, and other (a) IN GENERAL.—Any person who commits The founding document of our Na- means, allows individuals to alert the United an act described in section 274(a)(1)(A) of the tion, the Declaration of Independence, States Customs and Border Protection of Immigration and Nationality Act (8 U.S.C. their presence. lists ‘‘life’’ first on the list of Govern- 1324(a)(1)(A)) and abandons an alien with re- spect to that act in a place not within sight ment’s responsibilities. The over- SEC. 3. COLLECTION OF STATISTICS. (a) IN GENERAL.—Not later than 180 days of a paved road or rescue beacon, shall be whelming majority of the people who after the date of the enactment of this Act, considered to have placed in jeopardy the life cross our border do so in search of a the Commissioner of Customs shall begin of a person as described in section better life. They take enormous risks collecting data relevant to deaths occurring 274(a)(1)(B)(iii) of such Act (8 U.S.C. and make enormous investments in at the border between the United States and 1324(a)(1)(B)(iii)). hopes of helping their families. Mexico, divided by sector, and including— (b) CONSTRUCTION.—Nothing in this section Illegal immigration needs to stop. We (1) the causes of the deaths; shall be construed to prohibit any person must defend our borders. We must con- (2) the total number of deaths; from being held in violation of section (3) the location of deaths; and 274(a)(1)(B)(iii) of such Act (8 U.S.C. 1324 struct physical barriers, add detention (B)(iii)). beds, hire personnel, and equip them (4) demographic characteristics, including with better technology. But we have a the sex and approximate age of those de- ceased. By Ms. STABENOW (for herself higher moral obligation to protect the (b) DEVELOPMENT OF PROTOCOLS.—The and Mr. LEVIN): life of every person—every man, Commissioner of Customs shall develop con- S. 3896. A bill to provide for the re- woman, and child—who sets foot on sistent, formal, written protocols for the col- turn of the Fresnel Lens to the lantern American soil. We must do everything lection of data described in subsection (a). room atop Presque Isle Light Station in our power to preserve life. SEC. 4. ANNUAL REPORT ON BORDER DEATHS. Lighthouse, Michigan, and for other That is why I propose the Border Not later than 1 year after the date of the purposes; to the Committee on Com- Death Reduction Act. I urge my col- enactment of this Act, and annually there- merce, Science, and Transportation. leagues to support it. after, the Commissioner of Customs shall Ms. STABENOW. Mr. President, I The law will implement the GAO’s submit to the Secretary of Homeland Secu- rise today to offer the Lester Nichols recommendations. It will require CBP rity a report that contains— Presque Isle Light Station Act with (1) an analysis of trends with respect to the to create a strategy for reducing border my colleague, Senator LEVIN. Con- deaths. It will mandate a full count of statistics collected under section (3)(a)(1) during the preceding year; gressman STUPAK is introducing the deaths along the border. It will impose (2) an evaluation, using multivariate sta- companion legislation in the House of tough, new penalties on coyotes who tistical approaches, of the Border Safety Ini- Representatives today. Our bill will re- abandon their charges, and it will ex- tiative, including any rescue beacons de- store the historic Fresnel lens to the pand the network of rescue beacons ployed, and any successor program designed Presque Isle lighthouse in Presque Isle that people in trouble can use to call to reduce deaths along the border described Township, MI. for help. in section 3(a); and Michigan has the most lighthouses of These beacons, I believe, are an abso- (3) recommendations of particular actions any State in the Nation with a total of lutely vital link in our border security to reduce the deaths described in section over 120. At one time we had over 100 system. Let me explain. Rescue bea- 3(a). manned lighthouses, more than any cons are devices at prominent locations SEC. 5. REPORT ON BEACON PLACEMENT. other State. This is not surprising con- that individuals can activate when (a) REPORT REQUIRED.—Not later than 6 sidering that Michigan has 3,288 miles they need help. They are tall polls with months after the date of the enactment of this Act, the Commissioner of Customs shall of shoreline along the Great Lakes. We lights at the top and radio transmit- submit to the Secretary of Homeland Secu- are proud of our lighthouses and we are ters inside. People in trouble can acti- rity a report on enhancing the deployment of proud of the history and the maritime vate a beacon to let CBP know that rescue beacons. heritage that they represent. Our light- they need help. We know that beacons (b) FOCUS OF REPORT.—Such report shall houses are part of our identity as a work: CBP has already saved dozens of contain particular emphasis on enhancing State. In addition to performing as people based entirely on beacon alerts. the deployment of rescue beacons in the Tuc- navigation aids, they remain a symbol But individuals who activate beacons son Sector. of the importance that the Great Lakes do not get a free pass. They will, of (c) CONTENTS OF REPORT.—The report re- played and continue to play in Michi- quired by subsection (a) shall include— course, receive necessary medical (1) an assessment of the efficacy of the de- gan’s history. treatment. But rescued individuals will ployment of rescue beacons in light of the Most importantly, they are an impor- still be detained and deported like any- statistics gathered under section 3, including tant part of the economies of our one else who violates our borders. analysis of the locations of deaths recorded coastal towns. Our lakeshore towns Deploying more beacons in the desert and areas frequented by illegal migrants; and host visitors from across the country will save lives in the desert and simul- (2) recommendations on where additional who travel to view the magnificence of taneously improve the security of our rescue beacons should be placed to reduce our coastal areas and the lighthouses frontiers. the number of deaths in the area described that illuminate them. These small We cannot delay. We should not rest. by section 3 and section 5(b). communities are more dependent than We must protect the lives of all those (d) AUTHORIZATION OF APPROPRIATIONS.— ever on tourism dollars, and we must There are authorized to be appropriated who set foot upon our soil. I urge my $500,000 to carry out the provisions of this help them by coordinating our efforts colleagues to support the Border Death section. to protect Michigan’s lighthouses and Reduction Act. SEC. 6. DEPLOYMENT OF ENHANCED BEACON promote Great Lakes’ maritime cul- I ask unanimous consent that the NETWORK. ture. text of the bill be printed in the (a) DEPLOYMENT OF RESCUE BEACONS.—Not In 2002 the U.S. Coast Guard, the RECORD. later than 1 year after the date of the enact- Michigan State Historic Preservation

VerDate Aug 31 2005 03:26 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A14SE6.073 S14SEPT1 jcorcoran on PRODPC62 with SENATE September 14, 2006 CONGRESSIONAL RECORD — SENATE S9633 Officer, and the township signed a (3) CONTINUING OPERATION OF AID TO NAVI- ness of prescription drugs; and to help memorandum of agreement stating GATION.—Notwithstanding the return of the prevent, diagnose, and treat disease. that upon removal from the tower, the Historic Fresnel Lens pursuant to subsection To ensure access to the data, the bill Fresnel lens would be restored by the (a), the active aid to navigation, together requires the Secretary of Health and with associated electronic and lighthouse Human Services to enter data release township in a museum type setting equipment, at Presque Isle Light Station with assistance from the Coast Guard. Lighthouse shall continue to be operated and agreements on an annual basis with In 2005, the township completed their maintained by the United States within the these agencies. In entering the data re- restoration work on the lens. Unfortu- Historic Third Order Fresnel Lens at the lease agreements, the Secretary must nately, we soon learned that the Coast Presque Isle Light Station Lighthouse. take appropriate steps to protect the Guard has another policy that prevents confidentiality of the information, a Fresnel lens from being replaced once By Mr. GRASSLEY (for himself while maintaining the ability of re- it is removed from the tower. and Mr. BAUCUS): searchers at Federal agencies to con- The result is that this lighthouse has S. 3897. A bill to amend titles XI and duct meaningful analyses. been historically compromised. Replac- XVIII of the Social Security Act to The bill also permits the Secretary ing the lens in its original home for the provide for the sharing of certain data to enter into data use agreements to enjoyment of all who visit our historic collected by the Centers for Medicare & permit researchers at universities and lighthouse will not only ensure the in- Medicaid Services with certain agen- other organizations to have access to tegrity of the lighthouse, but it will cies, research centers and organiza- the data. As will be the case for the enhance the function the lighthouse tions, and congressional support agen- Federal agencies, these researchers provides as an active navigational aid. cies; from the Committee on Finance; may only use the data for purposes of Very simply, our bill requires the to the Committee on Finance. advancing the public’s health. They Coast Guard to replace the restored Mr. GRASSLEY. Mr. President, I am can conduct studies on the safety, ef- Fresnel lens in the Presque Isle Light- pleased to join my colleague from Mon- fectiveness, and quality of health serv- house. tana, Senator BAUCUS, in introducing ices. Our bill is named after Les Nichols, the Medicare Data Access and Research Some people might be concerned that who through years of hard work and Act. Senator BAUCUS and I have long these data will be given to just anyone. perseverance has led the successful ef- enjoyed a good working relationship in That is not the case. In applying for fort in the restoration of the historic our roles as chairman and ranking data access, researchers at universities 3rd Order Fresnel Lens. The Fresnel member of the Finance Committee. and other organizations will have to lens is an integral part of the historic Our work on this bill once again dem- meet strict criteria. They must have value of the New Presque Isle Light- onstrates our commitment to working well-documented experience in ana- house and will continue to attract in a bipartisan manner. lyzing the type and volume of data to tourists to this region of the State. The Medicare Data Access and Re- be provided under the agreement. They Under Lester’s leadership, this historic search Act establishes a process must agree to publish and publicly dis- artifact will now be able to be viewed through which Federal agencies and seminate their research methodology by future generations. I also want to other researchers can access Medicare and results. They must obtain approval acknowledge the work of Peter data for the purpose of health services for their study from a review board. Pettalia, the Presque Isle Township research. This might seem like a pretty They must comply with all safeguards established by the Secretary to ensure Supervisor. mundane issue to some people, but I the confidentiality of information. I hope that all of my colleagues will can assure you that it is far from it. These safeguards cannot permit the support this legislation and that we Medicare processes 500 million claims disclosure of information to an extent can move it quickly in the remaining for benefits each year; millions of pre- greater than permitted by the Health time we have in the Senate. scriptions have been filled under the Insurance Portability and Account- I ask unanimous consent that the new Medicare prescription drug ben- ability Act of 1996 and the Privacy Act text of the bill be printed in the efit. of 1974. RECORD. Linking data on hospital and physi- There being no objection, the bill was The final section of the bill ensures cian services provided to Medicare that congressional support agencies, ordered to be printed in the RECORD, as beneficiaries to prescription drug data follows: including the Congressional Budget Of- will offer a tremendous resource for re- fice, the Congressional Research Serv- S. 3896 searchers in our Federal agencies, as Be it enacted by the Senate and House of Rep- ice, the Government Accountability well as those based at universities and Office, and the Medicare Payment Ad- resentatives of the United States of America in other research centers. What of re- Congress assembled, visory Commission, also have access to search can these data support? They SECTION 1. SHORT TITLE. data they need to carry out their func- This Act may be cited as the ‘‘Lester Nich- can support studies and analyses re- tions and responsibilities. This body ols Presque Isle Light Station Act of 2006’’. lated to postmarketing surveillance of depends on the research and analyses SEC. 2. RETURN OF FRESNEL LENS TO PRESQUE prescription drugs and research on conducted by those agencies to inform ISLE LIGHT STATION LIGHTHOUSE, drug safety. More concretely, ana- our deliberations and decisions on the MICHIGAN. lyzing the Medicare claims data can (a) IN GENERAL.—Subject to subsection (b), Medicare Program. the Commandant of the Coast Guard shall help agencies, such as the Food and Last year, Senator BAUCUS and I in- modify the 2004 Agreement for Outgoing Drug Administration FDA, identify sit- troduced the Medicare Value-Based Loans (AOL) with Presque Isle Township, uations like the one involving Vioxx Purchasing Act to establish a pay for Michigan, in order to provide for the return more quickly, and provide a new valu- performance system under Medicare. of the Historic Fresnel Lens to the lantern able tool to enable the FDA to take That bill was aimed at promoting qual- room atop the Presque Isle Light Station swifter action to protect the public’s ity and ensuring value under the Medi- Lighthouse, Michigan. health and well-being. care Program. The bill that we are in- (b) CONDITIONS.— The Centers for Disease Control and (1) COMPLIANCE WITH APPLICABLE LAW.—Any troducing today complements that ob- modification under subsection (a) of the Prevention, the Agency for Healthcare jective. How can we promote quality Agreement for Outgoing Loans described in Research and Quality, and the National and ensure value in Medicare? By hav- that subsection shall comply with applicable Institutes of Health all have missions ing a better understanding of what provisions of section 5506 of the Omnibus that require the conduct of meticulous services are effective, by knowing how Consolidated Appropriations Act, 1997 (Pub- health services research. The Medicare we can help beneficiaries avoid illness lic Law 104–208; 110 Stat. 3009–518), relating to database and access to it established and disease, by having insight about the conveyance of the Presque Isle Light under the bill we are introducing today potential over-use and under-use of Station. will help these agencies fulfill their health care services, and by identifying (2) RETENTION OF OWNERSHIP OF LENS.—Not- withstanding the return of the Historic missions to study immunization rates; troubling trends and patterns. How can Fresnel Lens pursuant to subsection (a), the to develop and monitor the use of pre- we learn about those topics? By sup- United States shall retain ownership of the ventive screenings; conduct research porting rigorous health services re- lens. on the clinical comparative effective- search.

VerDate Aug 31 2005 03:26 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A14SE6.075 S14SEPT1 jcorcoran on PRODPC62 with SENATE S9634 CONGRESSIONAL RECORD — SENATE September 14, 2006 Mr. President, the Medicare Data Ac- ‘‘(b) AGENCIES DESCRIBED.—The agencies ‘‘(B) RELATIONSHIP TO PROCEDURES FOR RE- cess and Research Act creates a sound described in this subsection are as follows: LEASE TO PRIVATE RESEARCHERS.—The proc- framework for accomplishing that ob- ‘‘(1) The Food and Drug Administration. ess established under subparagraph (A) may jective. ‘‘(2) The Centers for Disease Control and be analogous to the process used by the Cen- I ask unanimous consent that the Prevention. ters for Medicare & Medicaid Services for the ‘‘(3) The Agency for Healthcare Research release of data to private researchers. text of the bill be printed in the and Quality. ‘‘(2) AGENCY FEEDBACK ON ANALYSES CON- RECORD. ‘‘(4) The National Institutes of Health. DUCTED.—The Secretary shall establish a There being no objection, the text of ‘‘(c) USE OF THE DATA PROVIDED.—Data process for Agencies that are provided data the bill was ordered to be printed in provided under a data release agreement under a data release agreement under this the RECORD, as follows: under subsection (a)(1) shall only be used for section to provide the results of the analyses S. 3897 the following purposes: conducted using such data to the Centers for Be it enacted by the Senate and House of Rep- ‘‘(1) FDA.—In the case of the Food and Medicare & Medicaid Services for use in the resentatives of the United States of America in Drug Administration, to enhance post mar- administration and assessment of programs Congress assembled, keting surveillance by— administered by the Centers for Medicare & SECTION 1. SHORT TITLE. ‘‘(A) studying patterns of drug and vaccine Medicaid Services, including the program This Act may be cited as the ‘‘Medicare utilization over time after a drug has been under part D of title XVIII. Data Access and Research Act’’. placed on the market; ‘‘(3) REVIEW OF DATA PROCEDURES.—The SEC. 2. FINDINGS. ‘‘(B) studying health risks associated with Secretary shall establish a process to review Congress makes the following findings: such utilization, particularly with respect to and update the following: (1) The new Medicare drug benefit under improving the speed of risk identification in ‘‘(A) The processes established under para- part D of title XVIII of the Social Security order to mitigate or resolve such risks; graphs (1)(A) and (2). Act is delivered through private prescription ‘‘(C) studying drug utilization in order to ‘‘(B) Procedures for transmission and re- drug plans. Private plans submit administra- promote consumer education that would tention of data released under this section. tive and beneficiary level data to the Centers allow consumers and health care providers to ‘‘(f) NOTIFICATION OF INACCURACIES DISCOV- for Medicare & Medicaid Services as a condi- make informed product choices and informed ERED IN DATA PROVIDED.—The Secretary tion of participation and payment in the new drug compliance choices; and shall establish procedures to ensure that an Medicare drug program. ‘‘(D) performing such other functions, con- Agency that is provided data under this sec- (2) Data from the new Medicare drug ben- sistent with the purposes of this section and tion notifies the Secretary of any inaccura- efit can be linked with hospital, ambulatory the Agency’s mission, as are determined ap- cies discovered in the data by the Agency care, and other data to create a new com- propriate by the Secretary. within a reasonable time of such discovery. ‘‘(g) REPORT.—The Secretary shall include prehensive resource for the study of drug ‘‘(2) CDC.—In the case of the Centers for (beginning with 2007), as part of the annual Disease Control and Prevention, to— safety and effectiveness of medical care in report submitted to Congress under section older adults and low-income, disabled, and ‘‘(A) improve surveillance of clinical out- 1875(b), an evaluation of the data release vulnerable populations. With appropriate breaks and emerging threats; agreements entered into under subsection protections for privacy, this data should be ‘‘(B) study immunization rates; (a)(1), including a description of the reports available to the Food and Drug Administra- ‘‘(C) study outcomes of specific diseases; and analyses conducted by agencies using tion, the Centers for Disease Control and ‘‘(D) develop and monitor the use of pre- data provided under such an agreement. Prevention, the Agency for Healthcare Re- ventive screening protocols using claims ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— search and Quality, and the National Insti- data; There are authorized to be appropriated such tutes of Health, and university-based re- ‘‘(E) study drug and medical utilization in sums as are necessary to carry out the pur- search centers and other research organiza- order to promote consumer education and poses of this section. tions interested in furthering the public treatment for specific public health risks; ‘‘RESEARCH CENTER AND ORGANIZATION DRUG health through research on the safety, effec- and AND HEALTH CARE DATA USE tiveness, and quality of health care services ‘‘(F) perform such other functions, con- ‘‘SEC. 1121B. (a) IN GENERAL.—Notwith- provided under the Medicare program under sistent with the purposes of this section and standing any provision under part D of title title XVIII of the Social Security Act. the Agency’s mission, as are determined ap- XVIII that limits the use of prescription (3) Timely and ready access to certain data propriate by the Secretary. drug data collected under such part, for the from the new Medicare drug benefit will ‘‘(3) AHRQ.—In the case of the Agency for purpose of improving the public’s health, the allow congressional support agencies to in- Healthcare Research and Quality, to— Secretary shall— form and advise Congress on the cost, scope, ‘‘(A) carry out the Agency’s research obli- ‘‘(1) enter into data use agreements with and impact of the new benefit and assess its gations under section 1013 of the Medicare the research centers and organizations de- quality. Prescription Drug, Improvement, and Mod- scribed in subsection (b) to provide access to SEC. 3. DRUG AND HEALTH CARE DATA RELEASE. ernization Act of 2003; relevant data submitted by prescription drug (a) IN GENERAL.—Title XI of the Social Se- ‘‘(B) conduct research consistent with the plans and MA–PD plans under part D of title curity Act (42 U.S.C. 1301 et seq.) is amended Agency’s mission to improve the quality, XVIII, excluding negotiated price conces- by inserting after section 1121 the following safety, efficiency, and effectiveness of health sions under such part (such as discounts, di- new sections: care; and rect or indirect subsidies, rebates, and direct ‘‘DRUG AND HEALTH CARE CLAIMS DATA ‘‘(C) perform such other functions, con- or indirect remunerations), and linked to RELEASE sistent with the purposes of this section and hospital, physician, and other relevant med- ‘‘SEC. 1121A. (a) IN GENERAL.—Notwith- such mission, as are determined appropriate ical claims, utilization, and diagnostic data standing any provision under part D of title by the Secretary. collected under titles XVIII and XIX, includ- XVIII that limits the use of prescription ‘‘(4) NIH.—In the case of the National In- ing data from the uniform reporting systems drug data collected under such part, for the stitutes of Health, to— established under section 1121(a); purpose of improving the public’s health, the ‘‘(A) help prevent, detect, diagnose, and ‘‘(2) permit research centers and organiza- Secretary, acting through the Centers for treat disease and disabilities; and tions described in such subsection to link Medicare & Medicaid Services, shall— ‘‘(B) perform such other functions, con- data provided under this section with other ‘‘(1) enter into data release agreements on sistent with the purposes of this section and relevant health data, including survey data, an annual basis with the agencies described the Agency’s mission, as are determined ap- vital statistics, and disease registries, as in subsection (b) to provide access to rel- propriate by the Secretary. needed by the research center or organiza- evant data submitted by prescription drug ‘‘(d) TIMEFRAME FOR DATA RELEASE.—A tion in order to accomplish its research ob- plans and MA–PD plans under part D of title data release agreement entered into under jectives; and XVIII, excluding negotiated price conces- this section shall provide for the release of ‘‘(3) prepare the linked sets of data de- sions under such part (such as discounts, di- information as needed by the Agency for the scribed in paragraph (1) for release not later rect or indirect subsidies, rebates, and direct uses described in subsection (c). than July 1, 2007. or indirect remunerations), and linked to ‘‘(e) DATA RELEASE PROCEDURES.— ‘‘(b) RESEARCH CENTERS AND ORGANIZA- hospital, physician, and other relevant med- ‘‘(1) DETERMINING APPROPRIATE LEVEL AND TIONS DESCRIBED.—The research centers and ical claims, utilization, and diagnostic data ELEMENTS OF DATA FOR RELEASE.— organizations described in this subsection collected under titles XVIII and XIX, includ- ‘‘(A) IN GENERAL.—The Secretary shall es- are as follows: ing data from the uniform reporting systems tablish a process to determine the appro- ‘‘(1) A University-based research center. established under section 1121(a); and priate level and elements of data to be re- ‘‘(2) Any other research center or organiza- ‘‘(2) permit agencies described in such sub- leased to an Agency under this section in tion— section to link data provided under this sec- order to ensure that the Agency, and re- ‘‘(A) whose primary mission is to conduct tion with other relevant health data, includ- searchers within the Agency, are able to con- public health research; and ing survey data, vital statistics, and disease duct meaningful analyses while maintaining ‘‘(B) which the Secretary determines can registries, as needed by the agency in order the confidentiality of the data provided appropriately conduct analyses consistent to accomplish its research objectives. under the data release agreement. with the purposes of this section.

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‘‘(c) USE OF DATA AND PENALTIES.— ‘‘(iv) The research center or organization tion 264(c) of the Health Insurance Port- ‘‘(1) USE OF DATA.— develops a data management plan that de- ability and Accountability Act of 1996. ‘‘(A) IN GENERAL.—Data provided to a re- scribes in detail the measures that will be ‘‘(ii) Sections 552 or 552a of title 5, United search center or organization under a data implemented to safeguard the data and pro- States Code, with regard to the privacy of in- use agreement under this section shall be tect the privacy of individuals entitled to, or dividually identifiable beneficiary health in- used solely for purposes of research on the enrolled for, benefits under part A of title formation. safety, effectiveness, and quality of, dispari- XVIII, or enrolled for benefits under part B ‘‘(B) CONFIDENTIALITY OF PHYSICIANS AND ties in, and related aspects of health care use of such title, including any proposed data MEDICAL PRACTICES.—The safeguards estab- by individuals entitled to, or enrolled for, linkages. lished under subparagraph (A) shall ensure benefits under part A of title XVIII, or en- ‘‘(v) The research center or organization that the data provided to a research center rolled for benefits under part B of such title, enters into an agreement under which the re- or organization under this section that iden- conducted for the purpose of developing and search center or organization agrees to— tifies individual physicians or medical prac- providing generalizable knowledge to inform ‘‘(I) place detailed results of the proposed tices is not released by the research center the public health through scientific publica- study in the public domain through publica- or organization, or otherwise made public. tion and other forms of public dissemination. tion in a reasonable timeframe, not to ex- ‘‘(g) REPORT.—The Secretary shall include ‘‘(B) APPROVAL BY REVIEW BOARD FOR THE ceed 1 year after completion of such study, (beginning with 2007), as part of the annual PROTECTION OF HUMAN SUBJECTS.—Such use including a thorough description of the report submitted to Congress under section shall be approved by a review board for the methodology used to conduct the study; 1875(b), an evaluation of the agreements en- protection of human subjects. ‘‘(II) make available to the public, without tered into under subsection (a). ‘‘(C) REVIEW PROCESS.—The Secretary shall charge, any product or tool developed using ‘‘(h) REASONABLE FEE.—The Secretary may establish a review process to ensure that— the data provided under this section; and charge a research center or organization a ‘‘(i) data use agreements under this section ‘‘(III) not sell such data to other entities or reasonable fee based on the cost of preparing include a detailed description of how the create commercial data products (such as and providing data to such center or organi- data is to be used under the agreement; and data extracts or analytical files) using such zation under this section.’’. ‘‘(ii) such use is consistent with the pur- data. (b) CRITERIA DEVELOPMENT AND PUBLICA- poses described in subparagraph (A). ‘‘(vi) The research center or organization TION.—The Secretary shall develop and pub- ‘‘(2) PENALTIES.— and the proposed research team provide as- lish the criteria required under section ‘‘(A) IN GENERAL.—A research center or or- surances that such team is independent from 1121B(d)(2)(A) of the Social Security Act, as ganization who knowingly or intentionally the sources of funding or any other party and added by subsection (a), not later than 180 uses data provided under a data use agree- has the right to independently and freely days after the date of enactment of this Act. ment under this section for any purpose publish the scientific findings of the study. SEC. 4. ACCESS TO DATA ON PRESCRIPTION other than the purposes described in para- ‘‘(vii) Such other requirements, consistent DRUG PLANS AND MEDICARE AD- graph (1)(A) shall be subject, in addition to with the purposes of this section, as the Sec- VANTAGE PLANS. any other penalties that may be prescribed retary determines appropriate. (a) IN GENERAL.—Section 1875 of the Social by law, to— ‘‘(3) TIMELY REVIEW AND ACTION ON RE- Security Act (42 U.S.C. 1395ll) is amended— ‘‘(i) a civil money penalty of not less than QUESTS.—The Secretary shall provide for (1) in the heading, by inserting ‘‘TO CON- $25,000 for each infraction; and timely review of, and action on, requests for GRESS; PROVIDING INFORMATION TO CONGRES- ‘‘(ii) disqualification from receipt of any a data use agreement under this section, SIONAL SUPPORT AGENCIES’’ after ‘‘AND REC- data under this section for not less than 2 taking into consideration the reasonable OMMENDATIONS’’; and years. needs of the research center or organization. (2) by adding at the end the following new ‘‘(B) PROCEDURE.—The provisions of sec- ‘‘(4) PUBLIC DISCLOSURE.—The Secretary subsection: tion 1128A (other than subsections (a) and (b) shall make available to the public the cri- ‘‘(c) PROVIDING INFORMATION TO CONGRES- and the second sentence of subsection (f)) teria used to grant or deny data use agree- SIONAL SUPPORT AGENCIES.— shall apply to a civil money penalty under ments under the criteria developed under ‘‘(1) IN GENERAL.—Notwithstanding any this paragraph in the same manner as such paragraph (2)(A). provision under part D that limits the use of provisions apply to a penalty or proceeding ‘‘(e) FEEDBACK BY RESEARCH CENTER OR OR- prescription drug data collected under such under section 1128A(a). GANIZATION.— part, upon the request of a congressional ‘‘(d) RELEASE OF DATA.— ‘‘(1) NOTIFICATION OF INACCURACIES DISCOV- support agency, the Secretary shall provide ‘‘(1) IN GENERAL.—A data use agreement ERED IN DATA PROVIDED.—The Secretary shall such agency with information submitted to, entered into under subsection (a)(1) shall establish procedures to ensure that a re- or compiled by, the Secretary under part D provide for the release of information ac- search center or organization that is pro- (subject to the restriction on disclosure cording to a schedule approved by the Sec- vided data under this section notifies the under paragraph (2)), including— retary under the criteria developed in ac- Secretary of any inaccuracies discovered in ‘‘(A) only with respect to congressional cordance with paragraph (2). the data by the center or organization with- support agencies that make official baseline ‘‘(2) CRITERIA FOR APPROVING RESEARCH AP- in a reasonable time of such discovery. spending projections, conduct oversight PLICATIONS.— ‘‘(2) FEEDBACK ON DATA COLLECTION.—The studies mandated by Congress, or make offi- ‘‘(A) DEVELOPMENT.—The Secretary, in Secretary shall permit researchers to pro- cial recommendations on the program under consultation with health services research- vide feedback on the collection of data with this title to Congress— ers and academicians, shall develop criteria respect to the programs administered by the ‘‘(i) aggregate negotiated prices for drugs for the approval of a data use agreement Centers for Medicare & Medicaid Services covered under prescription drug plans and under this section. and make recommendations with respect to MA–PD plans; and ‘‘(B) CRITERIA.—The criteria developed the collection of additional data elements ‘‘(ii) bid information (described in section under subparagraph (A) shall include the fol- with respect to such programs. 1860D–11(b)(2)(C)) submitted by such plans; lowing requirements: ‘‘(f) CONFIDENTIALITY.— and ‘‘(i) The research center or organization ‘‘(1) DETERMINING APPROPRIATE LEVEL OF ‘‘(B) access to drug event data submitted has well-documented scientific expertise, a DATA TO BE PROVIDED.—The Secretary shall by such plans under section 1860D–15(d)(2)(A), record of scholarship on the topic of the pro- establish a process to determine the appro- except, with respect to data that reveals posed study, and a likelihood of successful priate level of data to be provided to a re- prices negotiated with drug manufacturers, publication, as demonstrated by a prior search center or organization under this sec- such data shall only be available to congres- record of relevant publication by key staff tion in order to ensure that the center or or- sional support agencies that make official and other evidence of appropriate scientific ganization, and researchers within the cen- baseline spending projections, conduct over- qualifications of the proposed research team. ter or organization, are able to conduct sight studies mandated by Congress, or make ‘‘(ii) The research center or organization meaningful analyses while maintaining the official recommendations on the program demonstrates a credible capability to con- confidentiality of the data provided under under this title to Congress. duct and complete the proposed study, in- the data use agreement. ‘‘(2) RESTRICTION ON DATA DISCLOSURE.— cluding experience with scientific investiga- ‘‘(2) SAFEGUARDS TO PROTECT CONFIDEN- ‘‘(A) IN GENERAL.—Data provided to a con- tions using similar types of data. TIALITY OF DATA PROVIDED.— gressional support agency under this sub- ‘‘(iii) The research center or organization ‘‘(A) IN GENERAL.—The Secretary shall es- section shall not be disclosed, reported, or demonstrates the public health importance tablish safeguards to protect the confiden- released in identifiable form. of the proposed study, and the potential of tiality of data after it is provided to a re- ‘‘(B) IDENTIFIABLE FORM.—For purposes of such study to provide public knowledge need- search center or organization under this sec- subparagraph (A), the term ‘identifiable ed to improve the safety, use, and outcomes tion. Such safeguards shall not provide for form’ means any representation of informa- of treatments, the administration of the pro- greater disclosure by the research center or tion that permits identification of a specific gram under title XVIII, and the care pro- organization than is permitted under any of prescription drug plan, MA–PD plan, phar- vided to individuals entitled to, or enrolled the following: macy benefit manager, drug manufacturer, for, benefits under part A of title XVIII, or ‘‘(i) The Federal regulations (concerning drug wholesaler, or individual enrolled in a enrolled for benefits under part B of such the privacy of individually identifiable prescription drug plan or an MA–PD plan title. health information) promulgated under sec- under part D.

VerDate Aug 31 2005 02:38 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A14SE6.078 S14SEPT1 jcorcoran on PRODPC62 with SENATE S9636 CONGRESSIONAL RECORD — SENATE September 14, 2006 ‘‘(3) TIMING.—The Secretary shall release fects of diseases and the treatments we data and abide by safeguards pro- data under this subsection in a timeframe have for them. tecting the confidentiality of the data that enables congressional support agencies The Centers for Medicare and Med- established by the Secretary. to complete congressional requests. icaid Service, CMS, currently releases The final section of the bill ensures ‘‘(4) USE OF THE DATA PROVIDED.—Data pro- certain Medicare data to the public and vided to a congressional support agency that congressional support agencies, under this subsection shall only be used by more comprehensive data to the re- including the Congressional Budget Of- such agency for carrying out the functions search community. This bill would fice, the Congressional Research Serv- and activities of the agency mandated by build on current activities by requiring ice, the Government Accountability Congress. CMS to link hospital claims, physician Office, and the Medicare Payment Ad- ‘‘(5) CONFIDENTIALITY.—The Secretary shall claims, and other relevant information visory Commission, also have access to establish safeguards to protect the confiden- to data collected under the new Medi- the full range of data they need to tiality of data released under this sub- care drug benefit. carry out their functions and respon- section. Such safeguards shall not provide In addition, the Secretary will pro- for greater disclosure than is permitted sibilities. Congress depends on the re- under any of the following: vide yearly access to the linked Medi- search and analyses conducted by these ‘‘(A) The Federal regulations (concerning care dataset to all Federal health agen- agencies to inform our deliberations the privacy of individually identifiable cies within the department, such as the and decisions on the Medicare Pro- health information) promulgated under sec- Food and Drug Administration, the gram. tion 264(c) of the Health Insurance Port- Centers for Disease Control, the Na- Last year, I worked with Senator ability and Accountability Act of 1996. tional Institutes of Health, and the GRASSLEY to introduce the Medicare ‘‘(B) Sections 552 or 552a of title 5, United Agency for Healthcare Quality and Re- Value-Based Purchasing Act, which es- States Code, with regard to the privacy of in- search. These agencies will enter into dividually identifiable beneficiary health in- tablishes a pay for performance system formation. data use agreements with CMS to en- under Medicare. An important element ‘‘(6) DEFINITIONS.—In this subsection: sure that the type and level of Medi- of that system is the collection and re- ‘‘(A) CONGRESSIONAL SUPPORT AGENCY.—The care data shared is appropriate, that porting of quality measures to CMS term ‘Congressional support agency’ means— the agencies conduct research in ac- and to the public. The bill we are intro- ‘‘(i) the Medicare Payment Advisory Com- cordance with their missions and the ducing today complements those ac- mission; purpose of furthering the public health, tivities. We can improve health care by ‘‘(ii) the Congressional Research Service; and that the privacy of the data is pro- allowing Medicare to become a value- ‘‘(iii) the Congressional Budget Office; and tected. The goal is to give Federal ‘‘(iv) the Government Accountability Of- based purchaser of services and by re- fice. health agencies another tool to evalu- porting quality measures through the ‘‘(B) MA–PD PLAN.—The term ‘MA–PD plan’ ate the safety, efficacy, and quality of Medicare Program. And we can im- has the meaning given such term in section care delivered to Medicare bene- prove health care for all by allowing 1860D–1(a)(3)(C). ficiaries—a large segment of the health rigorous health services research to be ‘‘(C) PRESCRIPTION DRUG PLAN.—The term system. conducted using the resource of Medi- ‘prescription drug plan’ has the meaning This bill also provides public health care data. given such term in section 1860D–41(a)(14).’’. researchers access to the linked Medi- Mr. President, the Medicare Data Ac- (b) CONFORMING AMENDMENT.—Section care dataset. Expanding access to cess and Research Act will allow us to 1805(b)(2) of the Social Security Act (42 Medicare data will open up a new era in expand our knowledge of health care U.S.C. 1395b–6(b)(2)) is amended by adding at our health system. It will enable sci- the end the following new subparagraph: and improve the quality of care for all ‘‘(D) PART D.—Specifically, the Commis- entists to more quickly identify both Americans. sion shall review payment policies with re- short- and long-term safety concerns spect to the Voluntary Prescription Drug with drug regimens and health treat- By Mr. GREGG (for himself, Mr. Benefit Program under part D, including— ments. It will enable more treatments FRIST, Mr. BURR, Mr. CORNYN, ‘‘(i) the factors affecting expenditures; to be compared. And it will promote and Mr. BENNETT): ‘‘(ii) payment methodologies; and more development of guidelines, so S. 3900. A bill to amend title XVIII of ‘‘(iii) their relationship to access and qual- providers and patients know more the Social Security Act to improve the ity of care for Medicare beneficiaries.’’. about what works best. quality and efficiency of health care, Mr. BAUCUS. Mr. President, today, I Some may argue that access to to provide the public with information am pleased to join Chairman GRASSLEY linked Medicare data should not be on provider and supplier performance, in introducing the Medicare Data Ac- limited to researchers and should be and to enhance the education and cess and Research Act. This bill will available for commercial purposes. But awareness of consumers for evaluating take an important step to advance the the full Medicare database should be health care services through the devel- safety, efficacy, and quality of health used exclusively for the public good opment and release of reports based on care services delivered to people under and not for private or commercial gain. Medicare enrollment, claims, survey, the Medicare Program and it will help This is the crux of this bill. Hence, the and assessment data; to the Committee improve the care delivered to all Amer- bill limits the use of data to the pur- on Finance. icans. pose of providing ‘‘generalizable knowl- Mr. GREGG. Mr. President, I rise This bill requires the Secretary of edge to inform the public health today to introduce the Medicare Qual- Health and Human Services, HHS, to through scientific publication and ity Enhancement Act of 2006 to im- make Medicare data accessible to Fed- other forms of public dissemination.’’ prove quality and reduce the cost of eral health agencies and the health Strict penalties will be imposed on any health care. services research community for the unauthorized use of the data including The Medicare Quality Enhancement purpose of conducting studies that will civil money penalties and disqualifica- Act addresses three important prob- serve the public health. As the largest tion from receiving Medicare data for lems in our Nation’s health care deliv- single payer of health care services in at least 2 years. ery system: rising costs, broad vari- the United States—covering over 40 CMS will publish criteria used to ap- ations in the quality of care, and a lack million lives, 70 million hospital days, prove research applications to ensure of information on health care quality and processing nearly a billion physi- that those selected are qualified and and cost. cian claims per year—Medicare collects experienced to conduct analyses and Among the most pressing issues that and maintains a wealth of information maintain the confidentiality of Medi- need to be addressed in the area of on the health services delivered to a care information. Researchers will also health care is the issue of rapidly ris- significant portion of the population. make public their detailed results and ing health care costs. The United This information has been a national methods within 1 year from completing States spends more on health care as a resource for research and analysis of their studies. They will make available percentage of GDP than any other in- health care. And with the addition of to the public at no charge any tool de- dustrialized country. According to the the Medicare prescription drug benefit, veloped through this program. They Centers for Medicare and Medicaid it will be the most comprehensive re- must agree not to sell data or create Services (CMS), total health expendi- source our Nation has to study the ef- commercial data products using such tures are estimated to be $2.16 trillion

VerDate Aug 31 2005 03:53 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A14SE6.078 S14SEPT1 jcorcoran on PRODPC62 with SENATE September 14, 2006 CONGRESSIONAL RECORD — SENATE S9637 in 2006 and are projected to rise to over groups, employers, insurance compa- have the opportunities to use this data $4 trillion in 2015. nies, labor unions and others have re- to improve our health care system. The pressures of rising health care peatedly requested access to Medicare In closing, the Medicare Quality En- costs are being felt by consumers, pro- claims data to improve the quality of hancement Act is needed in order for viders, employers, State and local gov- the health care provided to their mem- America’s health care system to im- ernments, and the Federal budget bers, employees, and beneficiaries and prove. The public needs to understand alike—with no end in sight. Premiums to help control the ever-rising costs of the quality of the care they are pur- for employer-based health insurance health care. The Medicare Quality En- chasing and the time has come for the rose by 9.2 percent in 2005—the fifth hancement Act ensures that the data health care community to compete on consecutive year of increases over 9 collected by Medicare and paid for by quality, value, and cost payment percent. Health insurance expenses are the taxpayer can be utilized by quali- should not simply be for the volume of the fastest growing expense to employ- fied organizations to measure quality care provided, but instead for the qual- ers, consuming more and more of each and control costs while protecting ben- ity of the care provided. company’s bottom line. eficiary privacy. The Medicare Quality Enhancement From a Federal budget perspective, The measure also empowers con- Act takes important steps to provide over the next 10 years, Medicare will sumer groups, providers, employers, in- health care consumers with the infor- grow on average 8.5 percent to $885 bil- surance plans, labor unions and others mation they need to make educated de- lion and Medicaid will grow similarly by allowing them to request health cisions about health care; information at 8 percent to $413 billion. These pro- care quality and efficiency reports they already have to make decisions on grams along with Social Security will from the newly-formed MQROs—infor- nearly every other product they pur- take up 56 percent of the total budget mation that will assist in better-in- chase in the marketplace. It requires in 2016. Such rate of growth is formed purchasing decisions. Further, that information paid for by the tax- unsustainable. the bill provides for the public release payer and held by Medicare is fully Despite this enormous level of spend- of all reports, including detailed infor- available to improve our health care ing, there is wide variation in the qual- mation on the methodology, standards system. The public will then finally ity of the care Americans receive. In and measures of quality used in devel- have the tools necessary to make in- addition to the existing crisis of ever oping the reports ensuring the informa- formed health care decisions for them- increasing costs, we are now learning tion is available for the general public. selves and their families. that there are vast variations in the In addition, MQROs that contract with This bill has the support of groups ratio of spending to outcomes, meaning the Department of Health and Human that represent consumers, providers, that more care is not necessarily bet- Services will be authorized to aggre- employers and insurers. I hope my col- ter care. A recent report by the Dart- gate both private and public data, pro- leagues will see the merit of this legis- mouth Atlas Project demonstrated this viding a significantly more robust as- lation and that it will be considered be- point and showed no correlation be- sessment of both quality and effi- fore we adjourn this year. tween high utilization of services and ciency. Mr. FRIST. Mr. President, for dec- In the development of this bill, my high quality of care. This information ades, healthcare analysts and industry first goal was to protect beneficiary provides an opportunity to improve experts have wondered whether privacy. Specifically, the bill limits care and reduce costs. We simply can- healthcare should consume 16 percent the number of MQRO participants and not afford business as usual in health of our Nation’s economic output, as it explicitly holds them to the strict care, especially when we have no way currently does. of determining the value of what we standards of both the Health Insurance By virtually any measure, we spend are purchasing. Portability and Accountability Act more on healthcare than any other The Agency on Healthcare Research (HIPAA) and the Privacy Act. It also country in the world. and Quality (AHRQ) also reports wide requires MQROs to have operational variation in health care practice. standards and procedures in place to Consider the facts. According to the AHRQ claims that millions of Ameri- provide for the security of the data- World Health Organization; we spend cans fail to receive necessary care re- base. Lastly, the bill requires a privacy twice as much per person on healthcare sulting in complications and increased review by the Department of Health as Britain and Japan; and we spend costs. Others, they say, receive health and Human Services of each analytical nearly 30 percent more than second- care services that are completely un- report prior to release. ranking Monaco. necessary, which also increases costs. The Medicare Quality Enhancement In the past 5 years alone, the cost of These problems are compounded by a Act promotes the development of health insurance to companies has third issue the lack of information model quality standards through a nearly doubled—from $4,200 to $8,100 available to consumers and purchasers newly established Quality Advisory per family. on quality and cost. Currently, health Board within the Department of Health But experts also concur that rising care consumers do not have the tools and Human Services and encourages healthcare costs does not mean the necessary to make sound quality and the Administration to continue its ex- quality of healthcare is improving. cost decisions about their care. The few traordinary work with providers, con- Just this summer, the Institute of tools that are available to them are sumers, insurers and others in the Medicine released the most extensive based on limited amounts of privately health care community toward sound report ever on medication errors. held data and their analysis is often quality measurement for all patients. The results? At least 1.5 million not broad enough to provide the most Collaborative groups such as the Am- Americans are sickened, injured, or accurate results. bulatory Care Quality Alliance (AQA) killed each year by errors in pre- The Medicare Quality Enhancement and the Hospital Quality Alliance scribing, dispensing, and taking medi- Act gives consumers, employers, pro- (HQA) are working hard to establish cations. viders and others the tools they need standards and the Medicare Quality Errors are widespread—on average, a to begin controlling unnecessary Enhancement Act encourages their hospital patient is subjected to 1 error spending; improves quality of care in work to continue. each day he or she occupies a hospital our nation’s health care delivery sys- Under the bill, researchers are grant- bed—and they are costly, at an esti- tem; and provides the public with re- ed additional access to Medicare data mated expense of $3.5 billion per year. ports to make informed health care de- and are allowed to report in a provider- We have good reason to question the cisions. and supplier-identifiable format as cost and quality of our healthcare serv- The bill works by sharing taxpayer long as they meet existing strict cri- ices. That is why, in August, President funded Medicare data with private sec- teria for the use of Medicare data with- Bush issued an executive order requir- tor Medicare Quality Reporting Orga- in CMS. Some of our best information ing all Federal agencies with a health nizations (MQROs), allowing them to on quality and efficiency has been insurance program to increase price develop reports to measure health care borne of fine academic institutions and transparency and provide options pro- quality for the public. Consumer private study and they, too, should moting quality and efficiency of care.

VerDate Aug 31 2005 02:38 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G14SE6.049 S14SEPT1 jcorcoran on PRODPC62 with SENATE S9638 CONGRESSIONAL RECORD — SENATE September 14, 2006 The Executive Order builds on the browser and in a matter of moments Thomas Jefferson’s economic com- Federal Govermment’s efforts to re- can make objective side-by-side com- petitiveness plan of 1802 has become lease Medicare payment information parisons of different models—and then better known as the Lewis and Clark for individual healthcare providers. we can take them for a test drive. Expedition. Today, we see that expedi- While this is an important step to- When we need groceries, we pull out tion as one of our Nation’s great dis- ward transparency, more can be done. the Sunday supermarket ads to see plays of ambition and courage. And We need a way to analyze that data what is on sale and where. today, we see that it laid the founda- and make the results of the analysis And when we furnish our homes, we tion of the United States as we know consumer friendly, so that patients shop around—comparing style, price, it. have real information they can use to color, quality, warranty, and service. Today, America faces a new competi- make better informed healthcare deci- But right now, we can’t do that in tive challenge. Our challenge is not sions. healthcare. Whether it is a routine over control of the fur trade. It comes The bill before us today—of which I checkup or a heart transplant, we have not from an imperial power or its col- am a proud cosponsor—picks up where no way of assessing how much bang we ony. It is not a race for territory in un- current Federal efforts leave off. The are getting for a buck. explored lands. Our challenge is far Medicare Quality Enhancement Act es- Only when we institute quality more complex. And the need to act is tablishes quality transparency in the transparency do we empower bene- even more urgent. Medicare Program. ficiaries to make informed decisions America today faces a world more in- It doesn’t require anything extra of about their healthcare. tegrated, more interdependent, and providers. In fact, CMS is already col- This bill is a great step toward the more intensely competitive than ever lecting the data we need—because any goal of complete quality transparency. in our history. In this world, it is our provider that accepts Medicare pa- It is a formidable goal; that is why we challenge to succeed. It is our chal- tients must report quality data to are starting with something we know— lenge to leave our children and grand- CMS. Medicare. children an economy that is better Senator GREGG has worked long Instead, the bill requires CMS to es- than the one that we inherited. tablish public-private partnerships hours to bring this bill to fruition, and We seek an economy that is not with Medicare quality reporting orga- I thank him for his efforts. I hope our laden with debt, but bursting with op- nizations, or MQROs. CMS will provide colleagues will join us in supporting portunity. We seek an economy that MQROs with data CMS already col- this important measure. plants the seeds of innovation and edu- lects—Medicare enrollment, claims, By Mr. BAUCUS: cation today, knowing that genera- and survey and assessment data. The S. 3902. A bill to provide for edu- tions far in the future will harvest MQROs will then perform the analysis. cation competitiveness; to the Com- their bounty. We seek an economy Any entity or provider will be able to mittee on Finance. whose workers are increasingly produc- make report requests of MQROs, the Mr. BAUCUS. Mr. President, in Au- tive, and whose skills are continuously results of which will be made public. gust of 1802, from his desk in Monti- sharpened. The methodology an MQRO uses to cello, President Thomas Jefferson Our challenge is to create an econ- analyze the data will also be made pub- glimpsed the future of the young Amer- omy in which investment in our work- lic. And providers can additionally in- ican economy. He was shaken by what ers is our greatest asset, not our heavi- struct MQROs to use a certain method- he saw. est burden. Our challenge is to create ology when making a report request. Jefferson had just finished reading a an economy known for what it will be, I know many providers are concerned book published a year earlier in Lon- rather than for what it was. about CMS’s capacity and capability to don. The slim volume was the travel To realize this competitive economy, analyze healthcare quality data. account of Alexander MacKenzie, a we must—like Jefferson—rise to the In part, that is why this bill requires young Scotsman working in Great challenge. We must—like Jefferson— CMS to contract with MQROs. The Sec- Britain’s Canadian colonies. look to unknown horizons and march retary must determine that each In June of 1793, MacKenzie had out to meet them. We must call upon MQRO has the research capability to crossed the Continental Divide at a our greatest minds and set them to cre- conduct and complete reports as a con- place where it was just 3,000 feet high ating a plan. And we must dedicate the dition for entering into the contract. and easily portaged. Two weeks later, resources necessary to implement that MQROs must also demonstrate that he reached the Pacific Ocean. Using a plan. they have the experience and expertise makeshift paint of vermilion and I have spent much of the past year to analyze quality data. grease, Mackenzie inscribed his name planning a comprehensive competitive- As an additional contract require- on a rock to memorialize his discovery, ness agenda. In February, I introduced ment, each MQRO must comply with and to claim it for Great Britain. the Trade Competitiveness Act, a bill Federal privacy regulations to ensure The economic implications of to open markets and keep a level play- beneficiary confidentiality. Addition- MacKenzie’s discovery were enormous. ing field for America’s ranchers, farm- ally, MQROs must disclose financial in- In his book, MacKenzie urged the Brit- ers, and businesses. terests as a condition to contract. ish to build on his discovery and de- In March, I introduced the Energy As a transplant surgeon, I understand velop a passage to the Pacific. Such a Competitiveness Act, to fund cutting the concerns and fears providers have. passage would give Great Britain con- edge research in energy while making Many providers are worried that we trol over much of North America’s lu- alternative energies more affordable. aren’t far enough along in terms of crative fur trade and access to the In April, I introduced the Savings quality data collection to be able to world’s markets. Worse, MacKenzie’s Competitiveness Act, to create savings analyze it. discovery threatened to stunt Amer- today, so that we may invest and inno- But we must push the envelope in ica’s economic growth in its infancy. vate tomorrow. this area. It is my hope that provider MacKenzie’s book lit a fire under Jef- In May, I introduced the Research groups will take the lead and request ferson. That summer, he talked of lit- Competitiveness Act, to give start-ups reports using a methodology and stand- tle else. He enlisted the most qualified and universities better access to cap- ards of quality that represent the best man he knew. And with him, Jefferson ital for research and development, and care in each of their fields. devised a plan for action. It was a plan to improve and make permanent the Quality transparency is absolutely to counter the economic threat from R&D tax credit. essential to improving healthcare. the north. It was a plan to safeguard Today, I am introducing the fifth in Without it, beneficiaries cannot make America’s economic future. this series of bills: the Education Com- informed decisions about their That December, President Jefferson petitiveness Act of 2006. Just as edu- healthcare. presented his plan to Congress. It was cation is the foundation of a competi- Consumers already enjoy trans- America’s first economic competitive- tive economy, this legislation is the parency in other industries. When we ness plan. It called for one officer, a foundation of my competitiveness buy a new car, we can open an Internet dozen soldiers, and $2,500. agenda.

VerDate Aug 31 2005 02:38 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A14SE6.090 S14SEPT1 jcorcoran on PRODPC62 with SENATE September 14, 2006 CONGRESSIONAL RECORD — SENATE S9639 Thomas Jefferson knew that it was to give workers the skills that they of Ohio designate September 17, 1952, as not enough to send Lewis and Clark to need. Where universities and commu- ‘‘Constitution Day’’; the Pacific Ocean without the means to nity colleges are too far away, distance Whereas, in 1953, Governor Frank J. return. Lewis and Clark knew that the learning grants will help bridge that Lausche of the State of Ohio signed a law designating September 17, 1953, as ‘‘Constitu- discoveries and contacts that they gap. tion Day’’; made had to be lasting to make a dif- Finally, the bill’s tax provisions Whereas, in August 1953, Mrs. Weber urged ference for our economy. grant greater access to education. The the Senate to pass a resolution designating The Education Competitiveness Act bill starts by simplifying confusing tax the period beginning September 17, 1953, and is also designed to have a lasting ef- credits and combining them into a sin- ending September 23, 1953, as ‘‘Constitution fect. This legislation embraces edu- gle refundable higher education credit Week’’; cation in its earliest stages, following of up to $2,000 per student. The bill Whereas, in 1955, President Dwight D. Ei- through to continuing education and eases the burden of loan repayment by senhower signed into law the request of Mrs. worker training. Each provision is de- permitting graduates to deduct more of Weber, and designated the period beginning signed with maximum flexibility to September 17, 1955, and ending September 23, the interest paid on their student 1955, as ‘‘Constitution Week’’; meet our States’ unique needs. It is a loans. And the bill increases the deduc- Whereas many parents have become in- bill that recognizes excellence, wel- tions for charitable contributions to creasingly concerned by the lack of knowl- comes innovation, and rewards ambi- schools as well as teachers’ expenses in edge and interest that the people of the tion. classrooms. United States have for their history and her- The Education Competitiveness Act Taken together, these seven compo- itage; has seven important components. nents form a bill that is both com- Whereas the period beginning September First, it recognizes that our Nation prehensive and responsible. It is a bill 17, 2006, and ending September 23, 2006, is na- needs to continue to bring quality that would help to secure a more com- tionally designated as ‘‘Constitution Week’’; Whereas September 17, 2006, is nationally teachers into the classroom. The bill petitive American economy. funds 100,000 scholarships for future designated as ‘‘Citizenship Day’’; I look forward to returning to the Whereas September 11, 2006, is nationally teachers of languages, early education, floor to describe each title in greater designated as ‘‘Patriot Day’’; and science. It creates incentives for detail. I also look forward to discussing Whereas the Constitution of the United teachers to serve in rural and under- these proposals with my colleagues. States was signed on September 17, 1787; served areas. And it rapidly expands The Education Competitiveness Act Whereas the greatest honor that the citi- funding to advanced placement and sets out a bold agenda, to be sure. zens of the United States can give to all of international baccalaureate programs. Some of its rewards may only be those citizens who have dedicated their lives Second, the bill recognizes that early reaped decades from now. Some of its and sacrificed so much to preserve the free- dom and legacy of the United States is to re- education is widely considered to be benefits may only be realized by our one of the best education investments member what those citizens have done; grandchildren. But I firmly believe Whereas the designation of September as that money can buy. The bill creates a that this is an agenda that we must ‘‘National American History and Heritage flexible program of matching grants to begin to implement today. Month’’ will— build a national system of universal, Like the journey of Lewis and Clark (1) emphasize to the citizens of the United voluntary prekindergarten. The bill 200 years ago, this is an agenda that sets out benchmarks for quality and States the importance of knowing the his- portends discovery and rewards for tory and heritage of the Nation; and provides help for States to make sure America. It is an agenda that promises that their teachers are the best that a passage to a new nation. I urge my (2) pay tribute to the Founding Fathers and the many patriots, heroes, and heroines they can be. colleagues to join me as we advance to Third, the bill helps students to go who built the Nation; this future, and join me in sponsoring Whereas a month-long celebration hon- the extra mile in their studies, by of- the Education Competitiveness Act. fering States the means to expand oring the history and heritage of the United f States will encourage more organizations, afterschool programs in everything SUBMITTED RESOLUTIONS including schools, businesses, faith commu- from college test preparation to drug nities, and individuals to get involved in pro- prevention. Summer programs get stu- grams and opportunities to incite interest dents out of the classroom for hands-on and foster respect for understanding the his- experience in science, technology, SENATE RESOLUTION 570—DESIG- tory and heritage of the United States; and mathematics, and engineering. NATING THE MONTH OF SEP- Whereas celebrations relating to the his- Fourth, the bill looks to the needs of TEMBER AS ‘‘NATIONAL AMER- tory and heritage of the United States will tomorrow’s workforce. That workforce ICAN HISTORY AND HERITAGE encourage more individuals to engage in a will increasingly demand technical MONTH’’ study of the history, heritage, and founda- tion of the United States, and will instill skills based in math, science, and engi- Mr. DEWINE (for himself and Mr. pride in the citizens of the United States: neering. The bill provides a free college VOINOVICH) submitted the following Now, therefore, be it education to any student wishing to resolution; which was referred to the study science, technology, math, or en- Committee on the Judiciary: Resolved, That the Senate— (1) designates the month of September as gineering. In return, the student must S. RES. 570 ‘‘National American History and Heritage work 4 years in that field of study. The Whereas the United States has a remark- Month’’; bill offers States matching grants to able history and a cherished legacy abound- (2) recognizes that the President issued a establish and expand specialty math, ing with stories and biographies of heroes proclamation encouraging Federal, State, science, and technology schools. And and patriots; and local officials, as well as leaders of civic, the bill makes young promising sci- Whereas time has proven that, by teaching social, and educational organizations, to entists eligible for cash grants to con- the principles of the foundation of the conduct ceremonies and programs that cele- tinue their research. United States, the children of the Nation brate the Constitution of the United States grow up to become good citizens; and reaffirm our rights and obligations as Fifth, the bill addresses the chronic Whereas George Washington stated, ‘‘A citizens of our great Nation; neglect of our Nation’s Indian edu- primary object . . . should be the education (3) recognizes with great appreciation— cation. The bill fully funds Indian col- of our youth in the science of government’’; (A) the contributions of the millions of leges and makes a real commitment to Whereas the children of the United States citizens of the United States who have de- the Johnson O’Malley program. The have the right and the responsibility to voted their lives, often at great sacrifice, to bill also increases the Pell grant to know the history and heritage of the Nation; the improvement and preservation of the Na- $6,000. Eighty percent of Montana’s stu- Whereas, in 1952, Olga Weber, a mother and tion; and dents rely on financial aid, including homemaker from the State of Ohio, out of (B) those who continue to devote their concern that citizens of the United States lives for the betterment of the United Pell grants. were taking their freedoms for granted, peti- States; and Sixth, the Education Competitive- tioned the municipal officers of her town to (4) encourages more citizens of the United ness Act allows American workers to establish a Constitution day in honor of the States to share their time, knowledge, and continue learning. The bill funds pro- ratification of the Constitution of the United talents to share the light of liberty with our grams to link businesses and schools, States, and further requested that the State children, the future leaders of our Nation.

VerDate Aug 31 2005 03:53 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A14SE6.095 S14SEPT1 jcorcoran on PRODPC62 with SENATE S9640 CONGRESSIONAL RECORD — SENATE September 14, 2006 SENATE RESOLUTION 571—RECOG- SENATE CONCURRENT RESOLU- Whereas Internet users and our informa- NIZING HISPANIC HERITAGE TION 115—EXPRESSING THE tion infrastructure face an increasing threat MONTH AND CELEBRATING THE SENSE OF CONGRESS WITH RE- of malicious attacks through viruses, worms, SPECT TO RAISING AWARENESS Trojans, and unwanted programs such as VAST CONTRIBUTIONS OF HIS- spyware, adware, hacking tools, and pass- PANIC AMERICANS TO THE AND ENHANCING THE STATE OF word stealers, that are frequent and fast in STRENGTH AND CULTURE OF COMPUTER SECURITY IN THE propagation, are costly to repair, and disable THE UNITED STATES UNITED STATES, AND SUP- entire computer systems; PORTING THE GOALS AND Whereas, according to Privacy Rights Mr. FRIST (for himself, Mr. REID, IDEALS OF NATIONAL CYBER SE- Clearinghouse, since February 2005, over Mr. MARTINEZ, Mr. SALAZAR, Mr. CURITY AWARENESS MONTH 90,000,000 records containing personally-iden- tifiable information have been breached, and SANTORUM, Mrs. HUTCHISON, Mr. CRAPO, Mr. BURNS (for himself and Ms. the overall increase in serious data breaches Mr. ALEXANDER, Mr. BINGAMAN, Mr. CANTWELL) submitted the following in both the private and public sectors are LIEBERMAN, Mr. MENENDEZ, and Mr. concurrent resolution; which was re- threatening the security and well-being of NELSON of Florida) submitted the fol- ferred to the Committee on Commerce, the citizens of the United States; lowing resolution; which was consid- Science, and Transportation: Whereas consumers face significant finan- ered and agreed to: Whereas over 205,000,000 Americans use the cial and personal privacy losses due to iden- Internet in the United States, including over tity theft and fraud, as reported in over S. RES. 571 84,000,000 home-users through broadband con- 686,000 consumer complaints in 2005 received Whereas from September 15, 2006, through nections, to communicate with family and by the Consumer Sentinel database operated October 15, 2006, the United States celebrates friends, manage their finances, pay their by the Federal Trade Commission; Whereas Internet-related complaints in Hispanic Heritage Month; bills, improve their education, shop at home, 2005 accounted for 46 percent of all reported Whereas the presence of Hispanics in North and read about current events; Whereas the approximately 26,000,000 small fraud complaints received by the Federal America predates the founding of the United Trade Commission; States, and, as among the first to settle in businesses in the United States, who rep- resent 99.7 percent of all United States em- Whereas the total amount of monetary the New World, Hispanics and their descend- losses for such Internet-related complaints ants have had a profound and lasting influ- ployers and employ 50 percent of the private work force, increasingly rely on the Internet exceeded $680,000,000, with a median loss of ence on the history, values, and culture of to manage their businesses, expand their $350 per complaint; the United States; customer reach, and enhance their connec- Whereas the youth of our Nation face in- Whereas, since the arrival of the earliest tion with their supply chain; creasing threats online such as inappropriate Spanish settlers more than 400 years ago, Whereas, according to the Department of content or child predators; millions of Hispanic men and women have Education, nearly 100 percent of public Whereas, according to the National Center come to the United States from Mexico, schools in the United States have Internet For Missing and Exploited Children, 34 per- Puerto Rico, Cuba, and other Caribbean re- access, with approximately 93 percent of in- cent of teens are exposed to unwanted sexu- gions, Central America, South America, and structional classrooms connected to the ally explicit material on the Internet, and 1 Spain, in search of freedom, peace, and op- Internet; in 7 children report having been approached portunity; Whereas having access to the Internet in by an online child predator; Whereas Hispanic Americans have contrib- the classroom enhances the education of our Whereas national organizations, policy- uted throughout the ages to the prosperity children by providing access to educational makers, government agencies, private sector and culture of the United States; online content and encouraging responsible companies, nonprofit institutions, schools, academic organizations, consumers, and the Whereas the Bureau of the Census now self-initiative to discover research resources; media recognize the need to increase aware- lists Hispanic Americans as the largest eth- Whereas, according to the Pew Institute, ness of computer security and enhance the nic minority within the United States; almost 9 in 10 teenagers between the ages of 12 and 17, or 87 percent of all youth (approxi- level of computer and national security in Whereas Hispanic Americans serve in all the United States; branches of the Armed Forces and have mately 21,000,000 people) use the Internet, and 78 percent (or about 16,000,000 students) Whereas the mission of National Cyber Se- fought valiantly in every war in the history curity Alliance is to increase awareness of of the United States; say they use the Internet at school; Whereas teen use of the Internet at school cyber security practices and technologies to Whereas the Medal of Honor is the highest has grown 45 percent since 2000, and edu- home-users, students, teachers, and small United States military distinction, awarded cating children of all ages about safe, secure, businesses through educational activities, since the Civil War for ‘‘conspicuous gal- and ethical practices will not only protect online resources and checklists, and public lantry and intrepidity at the risk of life their computer systems, but will also protect service announcements; and above and beyond the call of duty’’; the physical safety of our children, and help Whereas the National Cyber Security Alli- Whereas 41 men of Hispanic origin have them become good cyber citizens; ance has designated October as National earned this distinction, including 21 such Whereas the growth and popularity of so- Cyber Security Awareness Month, which will men who sacrificed their lives; cial networking websites have attracted mil- provide an opportunity to educate the people Whereas many Hispanic Americans who lions of teenagers, providing them with a of the United States about computer secu- served in the Armed Forces have continued range of valuable services; rity: Now, therefore, be it their service to the United States; Whereas teens should be taught how to Resolved by the Senate (the House of Rep- resentatives concurring), That Congress— Whereas many Hispanic Americans are avoid potential threats like cyber bullies, (1) supports the goals and ideals of Na- dedicated public servants, holding posts at online predators, and identity thieves that tional Cyber Security Awareness Month; and the highest levels of government, including 3 they may encounter while using cyber serv- ices; (2) will work with Federal agencies, na- current seats in the United States Senate; tional organizations, businesses, and edu- and Whereas the critical infrastructure of our Nation relies on the secure and reliable oper- cational institutions to encourage the devel- Whereas Hispanic Americans have a deep opment and implementation of existing and commitment to faith, family, and commu- ation of information networks to support our Nation’s financial services, energy, tele- future computer security voluntary con- nity, an enduring work ethic, and a persever- sensus standards, practices, and technologies ance to succeed: Now, therefore, be it communications, transportation, health care, and emergency response systems; in order to enhance the state of computer se- Resolved, That the Senate— Whereas cyber security is a critical part of curity in the United States. (1) recognizes September 15, 2006, through the overall homeland security of our Nation, f October 15, 2006, as Hispanic Heritage Month; in particular the control systems that con- (2) celebrates the vast contributions of His- trol and monitor our drinking water, dams, panic Americans to the strength and culture and other water management systems, our AMENDMENTS SUBMITTED AND of the United States; and electricity grids, oil and gas supplies, and PROPOSED (3) encourages the people of the United pipeline distribution networks, our transpor- SA 5007. Mr. DEMINT submitted an amend- States to observe Hispanic Heritage Month tation systems, and other critical manufac- ment intended to be proposed to amendment with appropriate programs and activities. turing processes; SA 4970 proposed by Mr. DEMINT to the bill Whereas terrorists and others with mali- H.R. 4954, to improve maritime and cargo se- cious motives have demonstrated an interest curity through enhanced layered defenses, in utilizing cyber means to attack our Na- and for other purposes. tion; SA 5008. Mr. KENNEDY submitted an Whereas the mission of the Department of amendment intended to be proposed to Homeland Security includes securing the amendment SA 4923 proposed by Mr. ISAKSON homeland against cyber terrorism and other to the bill H.R. 4954, supra; which was or- attacks; dered to lie on the table.

VerDate Aug 31 2005 05:15 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A14SE6.080 S14SEPT1 jcorcoran on PRODPC62 with SENATE September 14, 2006 CONGRESSIONAL RECORD — SENATE S9641 SA 5009. Mr. ENZI submitted an amend- ‘‘(v) A crime involving a transportation se- transportation security card under sub- ment intended to be proposed to amendment curity incident. In this clause, a transpor- section (b) unless the Secretary determines SA 4957 proposed by Mrs. CLINTON (for herself tation security incident— that individual— and Mrs. DOLE) to the bill H.R. 4954, supra; ‘‘(I) is a security incident resulting in a ‘‘(i) has been convicted within the pre- which was ordered to lie on the table. significant loss of life, environmental dam- ceding 7-year period of a felony or found not SA 5010. Mr. INOUYE (for himself and Mrs. age, transportation system disruption, or guilty by reason of insanity of a felony— MURRAY) submitted an amendment intended economic disruption in a particular area (as ‘‘(I) that the Secretary believes could to be proposed to amendment SA 4993 sub- defined in section 70101 of title 46); and cause the individual to be a terrorism secu- mitted by Mr. DEMINT and intended to be ‘‘(II) does not include a work stoppage or rity risk to the United States; or proposed to the bill H.R. 4954, supra; which other nonviolent employee-related action, ‘‘(II) for causing a severe transportation was ordered to lie on the table. resulting from an employer-employee dis- security incident; SA 5011. Mr. INOUYE (for himself and Mrs. pute. ‘‘(ii) has been released from incarceration MURRAY) submitted an amendment intended ‘‘(vi) Improper transportation of a haz- within the preceding 5-year period for com- to be proposed to amendment SA 4992 sub- ardous material under section 5124 of title 49, mitting a felony described in clause (i); mitted by Mr. DEMINT and intended to be or a comparable State law;. ‘‘(iii) may be denied admission to the proposed to the amendment SA 4970 proposed ‘‘(vii) Unlawful possession, use, sale, dis- United States or removed from the United by Mr. DEMINT to the bill H.R. 4954, supra; tribution, manufacture, purchase, receipt, States under the Immigration and Nation- which was ordered to lie on the table. transfer, shipping, transporting, import, ex- SA 5012. Mr. INOUYE (for himself and Mrs. ality Act (8 U.S.C. 1101 et seq.); or port, storage of, or dealing in an explosive or MURRAY) submitted an amendment intended ‘‘(iv) otherwise poses a terrorism security incendiary device (as defined in section 232(5) to be proposed to amendment SA 4970 pro- risk to the United States.’’. of title 18, explosive materials (as defined in posed by Mr. DEMINT to the bill H.R. 4954, SA 5008. Mr. KENNEDY submitted an section 841(c) of title 18), or a destructive de- supra; which was ordered to lie on the table. amendment intended to be proposed to vice (as defined in 921(a)(4) of title 18). SA 5013. Mr. CRAIG submitted an amend- amendment SA 4923 proposed by Mr. ment intended to be proposed by him to the ‘‘(viii) Murder. ‘‘(ix) Conspiracy or attempt to commit any ISAKSON to the bill H.R. 4954, to im- bill H.R. 4954, supra; which was ordered to lie prove maritime and cargo security on the table. of the crimes described in clauses (v) through SA 5014. Mr. SMITH (for himself and Mr. (viii). through enhanced layered defenses, and BINGAMAN) submitted an amendment in- ‘‘(x) A violation of the Racketeer Influ- for other purposes; which was ordered tended to be proposed by him to the bill H.R. enced and Corrupt Organizations Act (18 to lie on the table; as follows: 4954, supra; which was ordered to lie on the U.S.C. 1961 et seq.), or a comparable State law, if 1 of the predicate acts found by a jury In lieu of the matter proposed to be in- table. serted, insert the following: SA 5015. Mr. LAUTENBERG submitted an or admitted by the defendant consists of 1 of amendment intended to be proposed to the offenses listed in clauses (iv) and (viii). SEC. ll. CARGO SCREENING. (a) RADIATION RISK REDUCTION.— amendment SA 4942 proposed by Mr. LAUTEN- ‘‘(xi) Any other felony that the Secretary (1) SAFETY PROTOCOLS.—Before requiring BERG to the bill H.R. 4954, supra; which was determines to be a permanently disquali- ordered to lie on the table. fying criminal offense. any port cargo screening procedures involv- SA 5016. Mr. STEVENS proposed an amend- ‘‘(B) INTERIM DISQUALIFYING CRIMINAL OF- ing the use of ionizing or non-ionizing radi- ment to the bill H.R. 4954, supra. FENSES.—Except as provided under paragraph ation, the Secretary, in consultation with SA 5017. Mr. STEVENS (for Mr. GRASSLEY) (2), an individual is disqualified from being the Secretary of Labor and the Director of proposed an amendment to the bill H.R. 4954, issued a biometric transportation security the National Institute of Occupational Safe- supra. card under subsection (b) if the individual ty and Health at the Centers for Disease SA 5018. Mr. STEVENS (for Ms. SNOWE) has been convicted, or found not guilty by Control, shall develop and implement proto- proposed an amendment to the bill H.R. 4954, reason of insanity, during the 7-year period cols to protect the safety of port workers supra. ending on the date on which the individual and the general public. f applies for such or card, or was released from (2) PUBLICATION.—The protocols developed incarceration during the 5-year period end- under paragraph (1) shall be— TEXT OF AMENDMENTS ing on the date on which the individual ap- (A) published and made available for public SA 5007. Mr. DEMINT submitted an plies for such a card, of any of the following comment; and amendment intended to be proposed to felonies: (B) designed to reduce the short- and long- amendment SA 4970 proposed by Mr. ‘‘(i) Assault with intent to murder. term exposure of worker and the public to ‘‘(ii) Kidnapping or hostage taking. the lowest levels feasible. DEMINT to the bill H.R. 4954, to im- ‘‘(iii) Rape or aggravated sexual abuse. (3) REPORT.—Not later than 1 year after prove maritime and cargo security ‘‘(iv) Unlawful possession, use, sale, manu- the implementation of protocols under para- through enhanced layered defenses, and facture, purchase, distribution, receipt, graph (1), the Council of the National Acad- for other purposes; as follows: transfer, shipping, transporting, delivery, emy of Sciences and Director of the National In lieu of the matter proposed to be in- import, export of, or dealing in a firearm or Institute of Occupational Safety and Health serted, insert the following: other weapon. In this clause, a firearm or shall each submit a report to Congress that SEC. ll. PROHIBITION OF ISSUANCE OF TRANS- other weapon includes, but is not limited includes— PORTATION SECURITY CARDS TO to— (A) information regarding the exposure of CONVICTED FELONS. ‘‘(I) firearms (as defined in section 921(a)(3) workers and the public and the possible risk Section 70105 of title 46, United States of title 18); and to their health and safety, if any, posed by Code, is amended— ‘‘(II) items contained on the United States these screening procedures; and (1) in subsection (b)(1), by striking ‘‘de- Munitions Import List under 447.21 of title 27 (B) any recommendations for modification cides that the individual poses a security Code of Federal Regulations. of the cargo screening protocols to reduce risk under subsection (c)’’ and inserting ‘‘de- ‘‘(v) Extortion. exposure to ionizing or non-ionizing radi- termines under subsection (c) that the indi- ‘‘(vi) Dishonesty, fraud, or misrepresenta- ation to the lowest levels feasible. vidual poses a security risk’’; and tion, including identity fraud. (b) GOVERNMENT RESPONSIBILITY.—Any em- (2) in subsection (c), by amending para- ‘‘(vii) Bribery. ployer of an employee who has an illness or graph (1) to read as follows: ‘‘(viii) Smuggling. injury for which exposure to ionizing or non- ‘‘(1) DISQUALIFICATIONS.— ‘‘(ix) Immigration violations. ionizing radiation from port cargo screening ‘‘(A) PERMANENT DISQUALIFYING CRIMINAL ‘‘(x) A violation of the Racketeer Influ- procedures required under Federal law is a OFFENSES.—Except as provided under para- enced and Corrupt Organizations Act (18 contributing cause may seek, and shall re- graph (2), an individual is permanently dis- U.S.C. 1961, et seq.) or a comparable State ceive, full reimbursement from the Federal qualified from being issued a transportation law, other than a violation listed in subpara- Government for additional costs associated security card under subsection (b) if the indi- graph (A)(x). with such illness or injury, including costs vidual has been convicted, or found not ‘‘(xi) Robbery. incurred by the employer under the guilty by reason of insanity, in a civilian or ‘‘(xii) Distribution of, possession with in- Longshore and Harbor Workers’ Compensa- military jurisdiction of any of the following tent to distribute, or importation of a con- tion Act (33 U.S.C. 901 et seq.), State work- felonies: trolled substance. ers’ compensation laws, or other equivalent ‘‘(i) Espionage or conspiracy to commit es- ‘‘(xiii) Arson. programs. pionage. ‘‘(xiv) Conspiracy or attempt to commit ‘‘(ii) Sedition or conspiracy to commit se- any of the crimes in this subparagraph. SA 5009. Mr. ENZI submitted an dition. ‘‘(xv) Any other felony that the Secretary amendment intended to be proposed to ‘‘(iii) Treason or conspiracy to commit determines to be a disqualifying criminal of- treason. fense under this subparagraph. amendment SA 4957 proposed by Mrs. ‘‘(iv) A crime listed in chapter 113B of title ‘‘(C) OTHER POTENTIAL DISQUALIFICATIONS.— CLINTON (for herself and Mrs. DOLE) to 18, a comparable State law, or conspiracy to Except as provided under subparagraphs (A) the bill H.R. 4954, to improve maritime commit such crime. and (B), an individual may not be denied a and cargo security through enhanced

VerDate Aug 31 2005 03:26 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A14SE6.081 S14SEPT1 jcorcoran on PRODPC62 with SENATE S9642 CONGRESSIONAL RECORD — SENATE September 14, 2006 layered defenses, and for other pur- (viii) businesses. be used solely to make available 2–1–1 tele- poses; which was ordered to lie on the (3) REQUIREMENTS FOR PREEXISTING LEAD phone service to all residents of a State with table; as follows: ENTITIES.—An entity described by subpara- phone service for information on and referral graph (A) or (B) of paragraph (2) may be to human services, including telephone con- Beginning on page 1, strike line 7 and all treated as a lead entity under this sub- nections between families and individuals that follows through page 10, line 12, and in- section only if such entity collaborates, to seeking such services and the providers of sert the following: the extent practicable, with the organiza- such services. (a) GRANTS REQUIRED.—The Secretary of tions and entities listed in subparagraph (C) (2) PARTICULAR MATTERS.—In making 2–1–1 Health and Human Services, acting through of that paragraph. telephone service available, the recipient of the Assistant Secretary for Children and (e) APPLICATION.— a grant or subgrant shall, to the maximum Families, shall award a grant to each eligi- (1) IN GENERAL.—The lead entity for each extent practicable— ble State to carry out a program for the pur- State seeking a grant under this section (A) abide by the highest quality existing pose of making 2–1–1 telephone service avail- shall submit to the Secretary an application (as of the date of the award of the grant or able to all residents of the State with phone in such form as the Secretary shall require. subgrant) Key Standards for 2–1–1 Centers; service for information on and referral to (2) INFORMATION.—An application for a and human services. The grant, and the service State under this subsection shall contain in- (B) collaborate with human services orga- provided through the grant, shall supple- formation as follows: nizations, whether public or private, to pro- ment existing (as of the date of the award) (A) Information, on the program to be car- vide an exhaustive database of services with funding streams or services. Before making a ried out by the lead entity for the State so which to provide information or referrals to payment for a year to the State under the that every resident of the State with phone individuals utilizing 2–1–1 telephone service. grant, the Secretary may conduct an evalua- service may call the 2–1–1 telephone service (3) USE OF FUNDS.—Amounts of a subgrant tion to ensure that the State remains eligi- at no charge to the caller, describing how under subsection (g) may be used by ble for the grant. the lead entity plans to make available subgrant recipients for statewide and re- (b) PERIOD AND AMOUNT OF GRANTS.—The throughout the State 2–1–1 telephone service gional planning, start-up costs (including Secretary of Health and Human Services information and referral on human services, shall award the grants for periods deter- costs of software and hardware upgrades and including information on the manner in telecommunications costs), training, accred- mined by the Secretary, which shall be not which the lead entity will develop, sustain, more than 5 years. The Secretary shall itation, public awareness activities, evalua- and evaluate the program. tion of activities, Internet hosting and site award the grants in amounts that are not (B) Information on the sources of resources less than a minimum amount determined by development for a statewide database, and for the program for purposes of meeting the database integration projects that incor- the Secretary. requirement specified in subsection (c). (c) REQUIREMENT ON SHARE OF ACTIVITIES.— porate data from different 2–1–1 programs (C) Information describing how the entity (1) REQUIREMENT OF MATCHING RESOURCES.— into a single statewide database. The shall provide, to the extent practicable, a The Secretary may not make a payment to amounts may not be used for maintenance statewide database available to all residents a State— activities or any other ongoing activity that of the State as well as all providers of human (A) for a first year under a grant awarded promotes State reliance on the amounts. services programs, through the Internet, under this section, unless the State ensures that will allow them to search for programs (i) REQUIREMENT ON ALLOCATION OF GRANT that at least 50 percent of the resources of or services that are available according to AMOUNTS.—Of the amounts awarded under the program funded by the grant will be de- the data gathered by the human services pro- this section, an aggregate of not more than rived from other sources; grams in the State. 15 percent shall be allocated for evaluation, (B) for a second year under such a grant, (D) Any additional information that the training, and technical assistance, and for unless the State ensures that at least 60 per- Secretary may require for purposes of this management and administration of sub- cent of those resources will be derived from section. grants awarded under this section. other sources; (f) PRIORITY.—In awarding grants under (j) REPORTS.—The lead entity for each (C) for the third year under such a grant, this section, the Secretary shall give pri- State awarded a grant under this section for unless the State ensures that at least 70 per- ority to States that submit applications to a fiscal year shall submit to the Secretary, cent of those resources will be derived from make 2–1–1 telephone service available in not later than 60 days after the end of such other sources; areas that are in the planning stages of de- fiscal year, a report on the program funded (D) for the fourth year under such a grant, veloping, or have not achieved, 2–1–1 tele- by the grant. Each report shall— unless the State ensures that at least 80 per- phone service coverage, and have met the re- (1) describe the program funded by the cent of those resources will be derived from quirements specified in subsections (c), (d), grant; other sources; and and (e). (2) assess the effectiveness of the program (E) for the fifth year under such a grant, (g) SUBGRANTS.— in making available, to all residents of the unless the State ensures that at least 95 per- (1) AUTHORITY.—In carrying out a program State with phone service, 2–1–1 telephone cent of those resources will be derived from to make 2–1–1 telephone service available to service, for information on and referral to other sources. all residents of a State with phone service, human services in accordance with the provi- (2) IN-KIND CONTRIBUTIONS.—The require- the lead entity for the State may award sub- sions of this section; and ments specified in paragraph (1) may be sat- grants to such persons or entities as the lead (3) assess the effectiveness of collaboration isfied by in-kind contributions of goods or entity considers appropriate for purposes of with human services resource and referral services. the program, including subgrants to provide entities and service providers. (d) LEAD ENTITY.— funds— (1) IN GENERAL.—A State seeking a grant (A) for the provision of 2–1–1 telephone (k) DEFINITIONS.—In this section: under this section shall carry out this sec- service; and (1) HUMAN SERVICES.—The term ‘‘human tion through a lead entity (also known as a (B) for the collection and display of infor- services’’ means services as follows: ‘‘2–1–1 Collaborative’’) meeting the require- mation for the statewide database. (A) Services that assist individuals in be- ments of this subsection. (2) CONSIDERATIONS.—In awarding a coming more self-sufficient, in preventing (2) 2–1–1 COLLABORATIVE.—An entity shall subgrant under this subsection, a lead entity dependency, and in strengthening family re- be treated as the 2–1–1 Collaborative for a shall consider— lationships. State under this subsection if the entity— (A) the ability of the person or entity seek- (B) Services that support personal and so- (A) exists for such purpose under State ing the subgrant to carry out activities or cial development. law; provide services consistent with the pro- (C) Services that help ensure the health (B) exists for such purpose by order of the gram; and well-being of individuals, families, and State public utility commission; or (B) the extent to which the award of the communities. (C) is a collaborative entity established by subgrant will facilitate equitable geographic (2) INFORMATION AND REFERRAL CENTER.— the State for such purpose from among rep- distribution of subgrants under this section The term ‘‘information and referral center’’ resentatives of— to ensure that rural communities have ac- means a center that— (i) an informal existing (as of the date of cess to 2–1–1 telephone service; and (A) maintains a database of providers of establishment of the entity) 2–1–1 statewide (C) the extent to which the recipient of the human services in a State or locality; collaborative, if any, in the State; subgrant will establish and maintain cooper- (B) assists individuals, families, and com- (ii) State agencies; ative relationships with specialized informa- munities in identifying, understanding, and (iii) community-based organizations; tion and referral centers, including Child accessing the providers of human services (iv) faith-based organizations; Care Resource Referral Agencies, crisis cen- and the human services offered by the pro- (v) not-for-profit organizations; ters, 9–1–1 call centers, and 3–1–1 call centers, viders; and (vi) comprehensive and specialized infor- if applicable. (C) tracks types of calls referred and re- mation and referral providers, including cur- (h) USE OF GRANT AND SUBGRANT ceived to document the demands for services. rent (as of the date of establishment of the AMOUNTS.— (3) STATE.—The term ‘‘State’’ means each entity) 2–1–1 call centers; (1) IN GENERAL.—Amounts awarded as of the several States, the District of Colum- (vii) foundations; and grants or subgrants under this section shall bia, the Commonwealth of Puerto Rico, the

VerDate Aug 31 2005 02:38 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A14SE6.083 S14SEPT1 jcorcoran on PRODPC62 with SENATE September 14, 2006 CONGRESSIONAL RECORD — SENATE S9643 United States Virgin Islands, Guam, Amer- SA 5011. Mr. INOUYE (for himself In lieu of the matter proposed to be in- ican Samoa, and the Commonwealth of the and Mrs. MURRAY) submitted an serted, insert the following: Northern Mariana Islands. amendment intended to be proposed to SEC. ———. OFFENSES THAT PRECLUDE ISSUANCE OF TRANSPORTATION SE- SEC. l2. AUTHORIZATION OF APPROPRIATIONS. amendment SA 4992 submitted by Mr. CURITY CARDS. (a) IN GENERAL.—There are authorized to DEMINT and intended to be proposed to (a) IN GENERAL.—Section 70105(c)(1)(A) of be appropriated to carry out this title, the amendment SA 4970 proposed by title 46, United States Code, is amended to $50,000,000 for fiscal year 2007 and such sums Mr. DEMINT to the bill H.R. 4954, to im- read as follows: as may be necessary for each of fiscal years prove maritime and cargo security ‘‘(A) has been convicted within the pre- 2008 through 2012. through enhanced layered defenses, and ceding 7-year period, or found not guilty by for other purposes; which was ordered reason of insanity, of a felony violation of— SA 5010. Mr. INOUYE (for himself to lie on the table; as follows: ‘‘(i) espionage; ‘‘(ii) sedition; and Mrs. MURRAY) submitted an In lieu of the matter proposed to be in- ‘‘(iii) treason; amendment intended to be proposed to serted, insert the following: ‘‘(iv) a violation of chapter 113B of title 18, amendment SA 4993 submitted by Mr. SEC. ———. OFFENSES THAT PRECLUDE United States Code, or a comparable State ISSUANCE OF TRANSPORTATION SE- DEMINT and intended to be proposed to law; the bill H.R. 4954, to improve maritime CURITY CARDS. (a) IN GENERAL.—Section 70105(c)(1)(A) of ‘‘(v) a crime involving a transportation se- and cargo security through enhanced title 46, United States Code, is amended to curity incident; layered defenses, and for other pur- read as follows: ‘‘(vi) improper transportation of a haz- poses; which was ordered to lie on the ‘‘(A) has been convicted within the pre- ardous material under section 5124 of title 49, table; as follows: ceding 7-year period, or found not guilty by United States Code, or a comparable State reason of insanity, of a felony violation of— law; In lieu of the matter proposed to be in- ‘‘(i) espionage; ‘‘(vii) unlawful possession, use, sale, dis- serted, insert the following: ‘‘(ii) sedition; tribution, manufacture, purchase, receipt, SEC. ———. OFFENSES THAT PRECLUDE ‘‘(iii) treason; transfer, shipping, transporting, import, ex- ISSUANCE OF TRANSPORTATION SE- ‘‘(iv) a violation of chapter 113B of title 18, port, storage of, or dealing in an explosive or CURITY CARDS. United States Code, or a comparable State explosive device; (a) IN GENERAL.—Section 70105(c)(1)(A) of law; ‘‘(viii) murder; title 46, United States Code, is amended to ‘‘(v) a crime involving a transportation se- ‘‘(ix) conspiracy or attempt to commit any read as follows: curity incident; offense described in clauses (i) through (viii); ‘‘(A) has been convicted within the pre- ‘‘(vi) improper transportation of a haz- ‘‘(x) a violation of chapter 96 of title 18, ceding 7-year period, or found not guilty by ardous material under section 5124 of title 49, United States Code, or a comparable State reason of insanity, of a felony violation of— United States Code, or a comparable State law, where one of the predicate acts found by ‘‘(i) espionage; law; a jury or admitted by the defendant, consists ‘‘(ii) sedition; ‘‘(vii) unlawful possession, use, sale, dis- of an offense described in clause (iv) or (viii); ‘‘(iii) treason; tribution, manufacture, purchase, receipt, ‘‘(xi) a nature believed by the Secretary to ‘‘(iv) a violation of chapter 113B of title 18, transfer, shipping, transporting, import, ex- cause the individual to be a terrorism secu- United States Code, or a comparable State port, storage of, or dealing in an explosive or rity risk to the United States; or law; explosive device; ‘‘(xii) a kind that was the cause of a severe ‘‘(v) a crime involving a transportation se- ‘‘(viii) murder; transportation security incident.’’. curity incident; ‘‘(ix) conspiracy or attempt to commit any (b) ADDITIONAL SECURITY RISK OFFENSES.— ‘‘(vi) improper transportation of a haz- offense described in clauses (i) through (viii); Within 1 year after the date of enactment of ardous material under section 5124 of title 49, ‘‘(x) a violation of chapter 96 of title 18, this Act, the Assistant Secretary of Home- land Security (Transportation Security Ad- United States Code, or a comparable State United States Code, or a comparable State ministration) and the Commandant of the law; law, where one of the predicate acts found by Coast Guard shall jointly transmit a report ‘‘(vii) unlawful possession, use, sale, dis- a jury or admitted by the defendant, consists to the appropriate congressional committees tribution, manufacture, purchase, receipt, of an offense described in clause (iv) or (viii); containing an evaluation of additional fel- transfer, shipping, transporting, import, ex- ‘‘(xi) a nature believed by the Secretary to ony offenses that may indicate a sufficiently port, storage of, or dealing in an explosive or cause the individual to be a terrorism secu- serious security threat to warrant their ad- explosive device; rity risk to the United States; or dition to the list of offenses described in sec- ‘‘(viii) murder; ‘‘(xii) a kind that was the cause of a severe tion 70105(c)(1)(A) of title 46, United States ‘‘(ix) conspiracy or attempt to commit any transportation security incident.’’. Code. offense described in clauses (i) through (viii); (b) ADDITIONAL SECURITY RISK OFFENSES.— (c) SAVINGS CLAUSE.—Nothing in sub- ‘‘(x) a violation of chapter 96 of title 18, Within 1 year after the date of enactment of section (b), or in section 70105(c)(1)(A) of title this Act, the Assistant Secretary of Home- United States Code, or a comparable State 46, United States Code, as amended by sub- land Security (Transportation Security Ad- law, where one of the predicate acts found by section (a), limits the authority of the Sec- ministration) and the Commandant of the a jury or admitted by the defendant, consists retary of the department in which the Coast Coast Guard shall jointly transmit a report of an offense described in clause (iv) or (viii); Guard is operating to alter the list of of- to the appropriate congressional committees ‘‘(xi) a nature believed by the Secretary to fenses that will disqualify an individual from containing an evaluation of additional fel- cause the individual to be a terrorism secu- being eligible to receive a transportation se- ony offenses that may indicate a sufficiently rity risk to the United States; or curity card under section 70105 of title 46, serious security threat to warrant their ad- ‘‘(xii) a kind that was the cause of a severe United States Code. transportation security incident.’’. dition to the list of offenses described in sec- tion 70105(c)(1)(A) of title 46, United States (b) ADDITIONAL SECURITY RISK OFFENSES.— Code. Within 1 year after the date of enactment of (c) SAVINGS CLAUSE.—Nothing in sub- SA 5013. Mr. CRAIG submitted an this Act, the Assistant Secretary of Home- section (b), or in section 70105(c)(1)(A) of title amendment intended to be proposed by land Security (Transportation Security Ad- 46, United States Code, as amended by sub- him to the bill H.R. 4954, to improve ministration) and the Commandant of the section (a), limits the authority of the Sec- maritime and cargo security through Coast Guard shall jointly transmit a report retary of the department in which the Coast to the appropriate congressional committees enhanced layered defenses, and for Guard is operating to alter the list of of- other purposes; which was ordered to containing an evaluation of additional fel- fenses that will disqualify an individual from ony offenses that may indicate a sufficiently being eligible to receive a transportation se- lie on the table; as follows: serious security threat to warrant their ad- curity card under section 70105 of title 46, At the appropriate place, insert the fol- dition to the list of offenses described in sec- United States Code. lowing: tion 70105(c)(1)(A) of title 46, United States SEC. ll. Notwithstanding any other pro- Code. vision of this Act, there is appropriated (c) SAVINGS CLAUSE.—Nothing in sub- SA 5012. Mr. INOUYE (for himself $523,081,496 to make safety net payments for fiscal year 2007 under section 101 of the Se- section (b), or in section 70105(c)(1)(A) of title and Mrs. MURRAY) submitted an 46, United States Code, as amended by sub- cure Rural Schools and Community Self-De- amendment intended to be proposed to termination Act of 2000 (Public Law 106–393; section (a), limits the authority of the Sec- amendment SA 4970 proposed by Mr. retary of the department in which the Coast 16 U.S.C. 500 note), to remain available until Guard is operating to alter the list of of- DEMINT to the bill H.R. 4954, to im- expended. fenses that will disqualify an individual from prove maritime and cargo security being eligible to receive a transportation se- through enhanced layered defenses, and SA 5014. Mr. SMITH (for himself and curity card under section 70105 of title 46, for other purposes; which was ordered Mr. BINGAMAN) submitted an amend- United States Code. to lie on the table; as follows: ment intended to be proposed by him

VerDate Aug 31 2005 03:13 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A14SE6.083 S14SEPT1 jcorcoran on PRODPC62 with SENATE S9644 CONGRESSIONAL RECORD — SENATE September 14, 2006 to the bill H.R. 4954, to improve mari- (e) RESTRICTIONS ON USE AND MAINTENANCE transportation security incident or transpor- time and cargo security through en- OF INFORMATION.— tation disruption’’. hanced layered defenses, and for other (1) RESTRICTION ON DISCLOSURE.—Informa- On page 17, line 23, insert ‘‘Public Law 108- tion obtained by the Secretary in the course purposes; which was ordered to lie on 293’’ before ‘‘118’’. of comparing the individual against terrorist On page 20, line 15, strike ‘‘of the Nation’s the table; as follows: watch lists under this subsection may not be commercial seaports’’ and insert ‘‘of the At the appropriate place, insert the fol- made available to the public, including the commercial seaports of the United States’’. lowing: individual’s employer. On page 24, line 4, strike the semicolon and SEC. lll. EQUIVALENCY OF MERCHANT MAR- (2) CONFIDENTIALITY; USE.—Any informa- insert a comma. INER DOCUMENTS AND TRANSPOR- tion constituting grounds for prohibiting the On page 24, line 13, strike ‘‘(2)’’ and insert TATION WORKER IDENTITY CREDEN- employment of an individual in a position ‘‘(1)’’. TIAL. described in paragraph (1)(A) shall be main- On page 27, line 23, strike ‘‘ocean-borne’’ Section 7302 of title 46, United States Code, tained confidentially by the Secretary and and insert ‘‘oceanborne’’. is amended by adding at the end the fol- may be used only for making determinations On page 28, line 8, strike ‘‘ocean-borne’’ lowing new subsection: under this section. The Secretary may share and insert ‘‘oceanborne’’. ‘‘(h) A merchant mariner’s document any such information with appropriate Fed- issued under this section shall be treated as On page 29, line 5, strike ‘‘, and’’ and insert eral, State, local, and tribal law enforcement ‘‘and’’. a biometric transportation security card re- agencies. quired by section 70105.’’. On page 33, line 17, after ‘‘issues’’, insert (f) TERRORIST WATCH LISTS DEFINED.—In ‘‘resulting from a transportation security in- SEC. lll. INCLUSION OF BIOMETRIC IDENTI- this subsection, the term ‘terrorist watch cident or transportation disruption’’. FIER TO MERCHANT MARINER DOC- lists’ means all available information on UMENTS. On page 36, line 11, insert ‘‘the’’ before known or suspected terrorists or terrorist ‘‘Container’’. Section 7303 of title 46, United States Code, threats.’’ is amended by adding at the end the fol- On page 39, line 24, strike ‘‘ocean-borne’’ lowing: ‘‘The document shall also include a SA 5016. Mr. STEVENS proposed an and insert ‘‘oceanborne’’. On page 48, line 7, insert a comma after biometric identifier that complies with the amendment to the bill H.R. 4954, to im- requirements of section 70105.’’. ‘‘Commissioner’’. prove maritime and cargo security On page 69, line 3, strike ‘‘Undersecretary’’ SEC. COAST GUARD. through enhanced layered defenses, and In issuing merchant mariner documents, and insert ‘‘Under Secretary’’. the Coast Guard shall be the lead agency re- for other purposes; as follows: On page 72, lines 18 and 19, strike ‘‘the cur- sponsible for ensuring compliance with the At the appropriate place, insert the fol- rent fiscal year’’ and insert ‘‘the fiscal year requirements of section 70105 of title 46, lowing: in which the report is filed’’. United States Code governing issuance of bi- SEC. ll. PHASE-OUT OF VESSELS SUPPORTING On page 73, line 23, strike ‘‘the current fis- ometric transportation security card. OIL AND GAS DEVELOPMENT. cal year’’ and insert ‘‘the fiscal year in Notwithstanding section 27 of the Mer- which the report is filed’’. Mr. LAUTENBERG sub- chant Marine Act, 1920 (46 U.S.C. App. 883) On page 85, line 23, strike the first period. SA 5015. and sections 12105(c) and 12106 of title 46, mitted an amendment intended to be United States Code, a foreign-flag vessel SA 5018. Mr. STEVENS (for Ms. proposed to amendment SA 4942 pro- may be employed for the movement or trans- SNOWE) proposed an amendment to the posed by Mr. LAUTENBERG to the bill portation of anchors for operations in sup- bill H.R. 4954, to improve maritime and H.R. 4954, to improve maritime and port of exploration of offshore mineral or en- cargo security through enhanced lay- cargo security through enhanced lay- ergy resources in the Beaufort Sea or the ered defenses, and for other purposes; Chukchi Sea by or on behalf of a lessee— ered defenses, and for other purposes; as follows: which was ordered to lie on the table; (1) until January 1, 2010, if the Secretary of At the appropriate place, insert the fol- as follows: the department in which the Coast Guard is operating determines that insufficient eligi- lowing: Strike all beginning at line 1 and insert: ble vessels documented under chapter 121 of SEC.ll. COAST GUARD PROPERTY IN PORT- ‘‘Section ll. Interim Verification of Indi- title 46, United States Code, are reasonably LAND, MAINE. viduals—(a) TERRORIST WATCH LIST COMPARI- available and suitable for these support oper- Section 347(c) of the Maritime Transpor- SON AND IMMIGRATION RECORDS CHECK.—Not ations; and tation Security Act of 2002 (Public Law 107– later than 90 days after the date of enact- (2) during the period beginning January 1, 295; 116 Stat. 2109) is amended by striking ment of this Act, the Secretary shall— 2010, and ending December 31, 2012, if the ‘‘within 30 months from the date of convey- (1) complete a comparison of each indi- Secretary determines that— ance.’’ and inserting ‘‘by December 31, 2009.’’. vidual who has unescorted access to a secure (A) the lessee has entered into a binding area of a seaport facility (as designated in an agreement to use eligible vessels docu- approved facility security plan in accordance f mented under chapter 121 of title 46, United with section 70103(c) of title 46, United States Code, in sufficient numbers and with States Code) against terrorist watch lists to NOTICE OF HEARING sufficient suitability to replace foreign flag determine if the individual poses a threat; vessels operating under this section; and SUBCOMMITTEE ON WATER AND POWER and (B) the Secretary determines that no eligi- (2) determine whether each such individual Ms. MURKOWSKI. Mr. President, I ble vessel documented under chapter 121 of may be denied admission to the United would like to announce for the infor- title 46, United States Code, is reasonably States, or removed from the United States, mation of the Senate and the public available and suitable for these support oper- under the Immigration and Nationality Act that a hearing has been scheduled be- ations to replace any foreign flag vessel op- (8 U.S.C. 1101 et seq.). erating under this section. If such a deter- fore the Subcommittee on Water and (b) CONTINUING REQUIREMENT.—In the case mination is made, until January 1, 2013, if no Power of the Committee on Energy and of an individual who is given unescorted ac- Natural Resources. cess to a secure area of a seaport facility vessel documented under the laws of the after the date on which the Secretary com- United States is reasonably available and The hearing will be held on Thurs- pletes the requirements of paragraph (1) and suitable for these support operations to re- day, September 21, 2006 at 2:30 p.m. in before the date on which the Secretary be- place any foreign-flag vessel operating under Room SD–628 of the Dirksen Senate Of- gins issuing transportation security cards at this section. fice Building. the seaport facility, the Secretary shall con- SA 5017. Mr. STEVENS (for Mr. The purpose of the hearing is to re- duct a comparison of the individual against ceive testimony on S. 1106, to authorize terrorist watch lists and determine whether GRASSLEY) proposed an amendment to the bill H.R. 4954, to improve maritime the construction of the Arkansas Val- the individual is lawfully present in the ley Conduit in the State of Colorado, United States. and cargo security through enhanced (c) INTERIM FINAL REGULATIONS.—In order layered defenses, and for other pur- and for other purposes; S. 1811, to au- to carry out this subsection, the Secretary poses; as follows: thorize the Secretary of the Interior to shall issue interim final regulations to re- On page 5, line 2, insert ‘‘to’’ before ‘‘se- study the feasibility of enlarging the quire submission to the Secretary of infor- cure’’. Arthur V. Watkins Dam Weber Basin mation necessary to carry out the require- On page 8, line 8, strike the first period and Project, UT, to provide additional ments of paragraph (1). ‘‘; and’’. water for the Weber Basin Project to (d) PRIVACY REQUIREMENTS.—Terrorist On page 12, line 24, strike ‘‘, of this sec- fulfill the purposes for which that watch list comparisons and immigration tion’’ and insert ‘‘of this section,’’. project was authorized; S. 2070, to pro- records checks under this subsection shall be On page 16, line 15, strike ‘‘and State’’ and carried out in accordance with the require- insert ‘‘State’’. vide certain requirements for hydro- ments of section 552a of title 5, United States On page 16, line 18, after ‘‘stakeholders’’ in- electric projects on the Mohawk River Code. sert the following: ‘‘adversely affected by a in the State of New York; S. 3522, to

VerDate Aug 31 2005 04:16 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A14SE6.084 S14SEPT1 jcorcoran on PRODPC62 with SENATE September 14, 2006 CONGRESSIONAL RECORD — SENATE S9645 amend the Bonneville Power Adminis- mittee on Energy and Natural Re- Graham, Biden, Grassley; S. 155, Gang tration portions of the Fisheries Res- sources be authorized to meet during Prevention and Effective Deterrence toration and Irrigation Mitigation Act the session of the Senate on Thursday, Act of 2005, Feinstein, Hatch, Grassley, of 2000 to authorize appropriations for September 14, at 10 a.m. The purpose of Cornyn, Kyl, Specter; S. 1845, Circuit fiscal years 2006 through 2012, and for the hearing is to consider the nomina- Court of Appeals Restructuring and other purposes; S. 3832, to direct the tion of C. Stephen Allred, of Idaho, to Modernization Act of 2005, Ensign, Kyl; Secretary of the Interior to establish be an Assistant Secretary of the Inte- S. 394, OPEN Government Act of 2005, criteria to transfer title to reclamation rior, Vice Rebecca W. Watson, resigned; Cornyn, Leahy, Feingold; and S. 2644, facilities, and for other purposes; S. and Robert W. Johnson, of Nevada, to Perform Act of 2006, Feinstein, 3851, to provide for the extension of be Commissioner of Reclamation, Vice Graham, Biden. preliminary permit periods by the Fed- John W. Keys, III, resigned. eral Energy Regulatory Commission The PRESIDING OFFICER. Without III. Other Matters for certain hydroelectric projects in objection, it is so ordered. Changes to 18 U.S.C. 2441, War the State of Alaska; S. 3798, to direct COMMITTEE ON HEALTH, EDUCATION, LABOR, Crimes. the Secretary of the Interior to exclude AND PENSIONS The PRESIDING OFFICER. Without and defer from the pooled reimbursable Mr. FRIST. Mr. President, I ask objection, it is so ordered. costs of the Central Valley Project the unanimous consent that the Com- SPECIAL COMMITTEE ON AGING reimbursable capital costs of the un- mittee on Health, Education, Labor, used capacity of the Folsom South and Pensions be authorized to hold a Mr. FRIST. Mr. President, I ask Canal, Auburn-Folsom South Unit, hearing during the session of the Sen- unanimous consent that the Special Central Valley Project, and for other ate on Thursday, September 14, 2006, at Committee on Aging be authorized to purposes; H.R. 2563, to authorize the 10:30 a.m. in SD–430. meet Thursday, September 14, 2006 Secretary of the Interior to conduct The PRESIDING OFFICER. Without from 10 a.m.–12 p.m. in Dirksen 562 for feasibility studies to address certain objection, it is so ordered. the purpose of conducting a hearing. water shortages within the Snake, COMMITTEE ON INDIAN AFFAIRS The PRESIDING OFFICER. Without Boise, and Payette River systems in Mr. FRIST. Mr. President, I ask objection, it is so ordered. Idaho, and for other purposes; and H.R. unanimous consent that the Com- SUBCOMMITTEE ON AVIATION 3897, to authorize the Secretary of the mittee on Indian Affairs be authorized Mr. FRIST. Mr. President, I ask Interior, acting through the Bureau of to meet on Thursday, September 14, unanimous consent that the Sub- Reclamation to enter into a coopera- 2006, at 9:30 a.m. in room 485 of the Rus- committee on Aviation be authorized tive agreement with the Madera Irriga- sell Senate Office Building to conduct to hold a hearing at 10 a.m. on Thurs- tion District for purposes of supporting a hearing on the nomination of Carl J. day, September 14, 2006 to discuss rural the Madera Water Supply Enhance- Artman to be Assistant Secretary for air service. ment Project. Indian Affairs, U.S. Department of the Because of the limited time available The PRESIDING OFFICER. Without Interior, Washington, DC, to be fol- objection, it is so ordered. for the hearing, witnesses may testify lowed immediately by a business meet- by invitation only. However, those ing to approve the nomination of Carl SUBCOMMITTEE ON CLEAN AIR, CLIMATE CHANGE, AND NUCLEAR SAFETY wishing to submit written testimony J. Artman. for the hearing record should send two The PRESIDING OFFICER. Without Mr. FRIST. Mr. President, I ask copies of their testimony to the Com- objection, it is so ordered. unanimous consent that on Thursday, mittee on Energy and Natural Re- COMMITTEE ON THE JUDICIARY September 14, 2006 at 9:30 a.m. the Sub- sources, United States Senate, Wash- Mr. FRIST. Mr. President, I ask committee on Clean Air, Climate ington, DC 20510–6150. unanimous consent that the Com- Change, and Nuclear Safety be author- For further information, please con- mittee on the Judiciary be authorized ized to hold an oversight hearing on tact Nate Gentry at 202–224–2179 or to meet to conduct a markup on Thurs- the NRC’s responsibility and capability Steve Waskiewicz at 202–228–6195. day, September 14, 2006, at 9:30 a.m in for long- and short-term spent fuel f the Dirksen Senate Office Building, storage programs. AUTHORITY FOR COMMITTEES TO Room 226. The PRESIDING OFFICER. Without objection, it is so ordered. MEET Agenda SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- COMMITTEE ON ARMED SERVICES I. Nominations AGEMENT, GOVERNMENT INFORMATION AND Mr. FRIST. Mr. President, I ask INTERNATIONAL SECURITY unanimous consent that the Com- Terrence W. Boyle, to be U.S. Circuit mittee on Armed Services be author- Judge for the Fourth Circuit; William Mr. FRIST. Mr. President, I ask ized to meet during the session of the James Haynes II, to be U.S. Circuit unanimous consent that the sub- Senate on September 14, 2006, at 10:30 Judge for the Fourth Circuit; Peter D. committee on Federal Financial Man- a.m., in closed session to mark up the Keisler, to be U.S. Circuit Judge for agement, Government Information, Military Commissions Act of 2006. the District of Columbia Circuit; Wil- and International Security be author- The PRESIDING OFFICER. Without liam Gerry Myers III, to be U.S. Circuit ized to meet on Thursday, September objection, it is so ordered. Judge for the Ninth Circuit; Norman 14, 2006, at 2:30 p.m. for a hearing re- COMMITTEE ON BANKING, HOUSING, AND URBAN Randy Smith, to be U.S. Circuit Judge garding ‘‘Part Two: Federal Agencies AFFAIRS for the Ninth Circuit; Valerie L. Baker, and Conference Spending’’. Mr. FRIST. Mr. President, I ask to be U.S. District Judge for the Cen- The PRESIDING OFFICER. Without unanimous consent that the Com- tral District of California; Francisco objection, it is so ordered. mittee on Banking, Housing, and Augusto Besosa, to be U.S. District Urban Affairs be authorized to meet Judge for the District of Puerto Rico; f during the session of the Senate on Philip S. Gutierrez, to be U.S. District September 14, 2006, at 10 a.m., to con- Judge for the Central District of Cali- PRIVILEGES OF THE FLOOR duct a hearing on ‘‘A Review of the De- fornia; Marcia Morales Howard, to be partment of Defense’s Report on Preda- U.S. District Judge for the Middle Dis- Ms. COLLINS. Mr. President, I ask tory Lending Practices Directed at trict of Florida; John Alfred Jarvey, to unanimous consent that Steve Midas, Members of the Armed Forces and be U.S. District Judge for the Southern who is a Coast Guard detailee assigned Their Dependents.’’ District of Iowa; and Sara Elizabeth to the Homeland Security Committee, The PRESIDING OFFICER. Without Lioi, to be U.S. District Judge for the be accorded privileges of the floor for objection, it is so ordered. Northern District of Ohio. the remainder of the consideration of COMMITTEE ON ENERGY AND NATURAL the Port Security Improvement Act of RESOURCES II. Bills 2006. Mr. FRIST. Mr. President, I ask S. 2831, Free Flow of Information Act The PRESIDING OFFICER. Without unanimous consent that the Com- of 2006, Lugar, Specter, Schumer, objection, it is so ordered.

VerDate Aug 31 2005 04:16 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A14SE6.087 S14SEPT1 jcorcoran on PRODPC62 with SENATE S9646 CONGRESSIONAL RECORD — SENATE September 14, 2006 SECOND GOLDEN GAVEL AWARD Louis and Walter Alverez, both re- The preamble was agreed to. FOR SENATOR BURR search scientists, originated the once- The resolution, with its preamble, is Mr. MCCONNELL. Mr. President, I controversial theory that asteroid im- as follows: offer congratulations to one of our Pre- pacts can explain the periodic mass S. RES. 571 siding Officers, Senator RICHARD BURR. extinctions that have shaped the his- Whereas from September 15, 2006, through At 5:20 p.m. today, Senator BURR broke tory of life on Earth. October 15, 2006, the United States celebrates the longstanding record for the Roberto Goizueta, Oscar Hijuelos, Hispanic Heritage Month; quickest completion of 200 hours of pre- Benjamı´n Cardozo, Alberto Gonzalez, Whereas the presence of Hispanics in North America predates the founding of the United siding over the Senate. He has now Rita Hayworth, Roberto Clemente—en- trepreneurs, artists, public servants, States, and, as among the first to settle in earned his second Golden Gavel Award the New World, Hispanics and their descend- in this, his first Congress in the Sen- athletes, scientists, scholars—these ants have had a profound and lasting influ- ate. If he keeps this up, we may need to names stand out, but many others ence on the history, values, and culture of establish a special Platinum Gavel move America forward every day. We the United States; Award in his honor. cannot name all of the countless heroes Whereas, since the arrival of the earliest We all owe Senator BURR a special who have fought in wars, treated the Spanish settlers more than 400 years ago, thank-you for his unprecedented serv- sick, taught our children, and devoted millions of Hispanic men and women have come to the United States from Mexico, ice to the Senate as an institution. themselves to public service. Through continuing migration to our Puerto Rico, Cuba, and other Caribbean re- I am sure he has heard many inter- gions, Central America, South America, and esting and stimulating speeches in the shores, Hispanic Americans continue to Spain, in search of freedom, peace, and op- Senate during those 200 hours. strengthen American culture. Foods, portunity; f music, and artistic forms considered Whereas Hispanic Americans have contrib- unalterably ‘‘foreign’’ just a few short uted throughout the ages to the prosperity HISPANIC HERITAGE MONTH years ago have now become firm parts and culture of the United States; Mr. MCCONNELL. Mr. President, I of the American identity. Whereas the Bureau of the Census now ask unanimous consent the Senate now Today, as we begin a month-long lists Hispanic Americans as the largest eth- proceed to the consideration of S. Res. celebration of Hispanic hereitage, I nic minority within the United States; 571, which was submitted earlier today. join with all Americans in recognizing Whereas Hispanic Americans serve in all The PRESIDING OFFICER. The branches of the Armed Forces and have the invaluable role of Hispanic Ameri- fought valiantly in every war in the history clerk will report the resolution by cans in shaping and enriching these of the United States; title. United States. Whereas the Medal of Honor is the highest The assistant legislative clerk read Mrs. HUTCHISON. Mr. President, United States military distinction, awarded as follows: today I wish to voice my support for since the Civil War for ‘‘conspicuous gal- A resolution (S. Res. 571) recognizing His- the Senate resolution designating Sep- lantry and intrepidity at the risk of life panic Heritage Month and celebrating the tember 16, 2006, through October 16, above and beyond the call of duty’’; vast contributions of Hispanic Americans to 2006, as Hispanic Heritage Month. His- Whereas 41 men of Hispanic origin have the strength and culture of the United earned this distinction, including 21 such States. panic Americans are our largest ethnic men who sacrificed their lives; minority, and I am a cosponsor of this There being no objection, the Senate Whereas many Hispanic Americans who resolution because I believe it is an ap- proceeded to consider the resolution. served in the Armed Forces have continued Mr. FRIST. Mr. President, I rise propriate way to recognize the con- their service to the United States; tributions made by our Hispanic Amer- Whereas many Hispanic Americans are today to recognize the month-long dedicated public servants, holding posts at celebration beginning today honoring ican community. Hispanics have migrated to the the highest levels of government, including 3 the heritage of Hispanic Americans. current seats in the United States Senate; Every year, we set aside a month to United States from all over the world. They have added to our national secu- and pay special regard to the contributions Whereas Hispanic Americans have a deep of Hispanic Americans. rity by serving valiantly in the U.S. commitment to faith, family, and commu- The tradition began nearly 40 years Armed Forces; many have paid the ul- nity, an enduring work ethic, and a persever- ago, when Congress authorized Presi- timate price and sacrificed their lives ance to succeed: Now, therefore, be it dent Lyndon Johnson to proclaim Na- for freedom. Resolved, That the Senate— In my home State of Texas, Hispanic (1) recognizes September 15, 2006, through tional Hispanic Heritage Week. Two October 15, 2006, as Hispanic Heritage Month; decades later, President Ronald Reagan women and men shaped our Republic in its early years, and to this day, subse- (2) celebrates the vast contributions of His- expanded the celebration to 4 weeks— panic Americans to the strength and culture today’s National Hispanic Heritage quent generation of Texans continue to of the United States; and Month. enjoy the liberty for which our Texan (3) encourages the people of the United While the celebration has begun only and American ancestors fought so cou- States to observe Hispanic Heritage Month recently, Hispanics have always de- rageously. with appropriate programs and activities. fined America. Americans of Hispanic origin have f contributed to the econmy with their The history of Europeans in what is UNANIMOUS CONSENT—H.R. 5684 now the United States, in fact, begins notable work ethic and have served with the voyage of a Spanish explorer honorably at all levels of government. Mr. MCCONNELL. I now ask unani- named Ponce de Leon who landed on Three of my Senate colleagues find mous consent at a time to be deter- Florida’s west coast in 1521. their roots in Hispanic origins. mined by the majority leader, in con- Since then, Hispanic Americans have It is because of these contributions sultation with the Democratic leader, infuenced every aspect of our history and their love of equality, justice, and the Senate proceed to the immediate and culture. Let me discuss just a few: independence that I am proud to sup- consideration of Calendar No. 565, H.R. David Glasgow Farragut, a proud port the distinguished majority leader, 5684; I further ask that there then be 3 Tennessean of Spanish descent, proved Senator FRIST, and my other Senate hours of debate on the bill, 2 for the the North’s most able naval com- colleagues in designating September minority, with 60 minutes under the mander during the Civil War. He 16, 2006, through October 16, 2006, as control of Senator DORGAN, 30 minutes becamd the first admiral of the U.S. Hispanic Heritage Month. under the control of Senator CONRAD, Navy. Mr. MCCONNELL. Mr. President, I and 30 minutes under the control of Severo Ochoa, a Nobel Prize recipi- ask unanimous consent the resolution Senator BAUCUS or his designee, and 1 ent, revolutionized modern medical be agreed to, the preamble be agreed hour under the control of the majority, science when he discovered RNA, ribo- to, and the motion to reconsider be laid with all time consumed on either Fri- nucleic acid, one of the chemical build- upon the table. day, September 15, or Monday, Sep- ing blocks of life. The PRESIDING OFFICER. Without tember 18. Celia Cruz, a singer, introduced salsa objection, it is so ordered. I further ask that on Tuesday, Sep- music to the United States through her The resolution (S. Res. 571) was tember 19, there be 10 minutes for Sen- recordings and performances. agreed to. ator DORGAN, 10 minutes for Senator

VerDate Aug 31 2005 04:16 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\G14SE6.076 S14SEPT1 jcorcoran on PRODPC62 with SENATE September 14, 2006 CONGRESSIONAL RECORD — SENATE S9647 CONRAD, and 10 minutes equally divided do plan to turn, as indicated earlier, to MEASURE READ THE FIRST between the chairman and ranking the United States-Oman Free Trade TIME—H.R. 6061 member, and that following the use or Agreement under the agreement just Mr. BAUCUS. Mr. President, on be- yielding back of time, the bill be read entered into. I remind all of our col- half of the majority leader, I under- the third time, and the Senate proceed leagues we passed the Senate bill in stand there is a bill at the desk, and I to a vote on passage. June by a vote of 60 to 34. Under this ask for its first reading. The PRESIDING OFFICER. Without unanimous consent agreement, we will The PRESIDING OFFICER. The objection, it is so ordered. vote on passage of the House bill on clerk will please read the title of the f Tuesday of next week. bill for the first time. ORDERS FOR FRIDAY, SEPTEMBER Again, for the information of all Sen- The assistant legislative clerk read 15, 2006 ators, we will not have any rollcall as follows: votes during Friday’s session of the A bill (H.R. 6061) to establish operational Mr. MCCONNELL. Mr. President, I Senate. ask unanimous consent when the Sen- control over the international land and mar- ate completes its business today, it itime borders of the United States. stand in adjournment until 10 a.m. to- f Mr. BAUCUS. Mr. President, I now morrow, Friday, September 15; I fur- ask for a second reading, and in order ther ask that following the prayer and ORDER FOR ADJOURNMENT to place the bill on the calendar under pledge, the morning hour be deemed Mr. MCCONNELL. If there is no fur- the provisions of rule XIV, I object to expired, the Journal of proceedings be ther business to come before the Sen- my own request. approved to date, the time for the two ate, I ask unanimous consent that it The PRESIDING OFFICER. Objec- leaders be reserved, and the Senate stand in adjournment under the pre- tion is heard. The bill will receive its then proceed to a period of morning vious order, following the remarks of second reading on the next legislative business with Senators permitted to Senator BAUCUS, for up to 15 minutes. day. speak for up to 10 minutes each. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. f objection, it is so ordered. The Senator from Montana. f (The Remarks of Mr. BAUCUS per- ADJOURNMENT UNTIL 10 A.M. PROGRAM taining to the introduction of S. 3902 TOMORROW Mr. MCCONNELL. This afternoon, are located in today’s RECORD under The PRESIDING OFFICER. Under the Senate passed the port security ‘‘Statements on Introduced Bills and the previous order, the Senate stands bill. I thank the bill managers for their Joint Resolutions.’’) adjourned until 10 a.m., Friday, Sep- great work in processing this impor- Mr. BAUCUS. Mr. President, I yield tember 15, 2006. tant measure. the floor. Thereupon, the Senate, at 6:46 p.m., Tomorrow, we will be in session, but The PRESIDING OFFICER. The Sen- adjourned until September 15, 2006, at we will not have any rollcall votes. We ator from Montana. 10 a.m.

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HONORING THE BIRTHDAY OF MR. skies over Europe and Africa from 1943 to The Stone family has been an important ROBERT B. INGRAM, JR. 1944. During one mission against a group of part of California agriculture for over a century. German bombers, Green single-handedly de- It is for those reasons, that I extend my sin- HON. JO BONNER stroyed six aircraft. cerest appreciation for Mr. Stone’s dedication OF ALABAMA Green continued to serve in the newly es- and service and offer my heartfelt congratula- tablished U.S. Air Force until 1964. Among his tion for receiving the 2006 Kings County IN THE HOUSE OF REPRESENTATIVES numerous decorations, he earned the Distin- Agriculturalist of the Year Award. Thursday, September 14, 2006 guished Service Cross, a Silver Star, and two f Distinguished Flying Crosses. Mr. BONNER. Mr. Speaker, I rise today to CONGRATULATING SCOTT TEW ON recognize Mr. Bob Ingram for his service to f HIS APPOINTMENT AT AMER- the state of Alabama as one of the most influ- HONORING BILL STONE ICAN STANDARD COMPANIES ential and respected political writers. AND HIS SERVICE TO WASH- At a celebration of his 80th birthday earlier INGTON COUNTY, ALABAMA this summer, State Treasurer Kay Ivey de- HON. JIM COSTA scribed Bob as an ‘‘Alabama Treasure.’’ OF CALIFORNIA HON. JO BONNER Throughout his career, he has used his skills IN THE HOUSE OF REPRESENTATIVES OF ALABAMA as a journalist to make an important contribu- Thursday, September 14, 2006 tion toward building a better Alabama. IN THE HOUSE OF REPRESENTATIVES Born in Centre, Alabama, in 1926, Bob Mr. COSTA. Mr. Speaker, I rise today to Thursday, September 14, 2006 graduated from Cherokee County High School honor Mr. Bill Stone as the recipient of the Mr. BONNER. Mr. Speaker, I rise today to and served with distinction in World War II as 2006 Kings County Agriculturalist of the Year commend Scott Tew on his hard work and a radio operator and gunner aboard the USS Award. With over 35 years of dedicated serv- service to the people of Washington County, Panamint. He graduated from Auburn Univer- ice to the Central Valley’s agriculture industry Alabama, and to congratulate him on his re- sity in 1949 and soon began working for the and with demonstrated quality leadership, Mr. cent appointment as global director of public Cherokee County Herald. Stone is truly deserving of this recognition. affairs at American Standard Companies. Bob has seen and reported on many of the A native of Stratford, Mr. Stone moved to After receiving a bachelor of science degree most pivotal events in Alabama’s history in- Lemoore when he was 9 years old. He grad- and a master of arts degree at Livingston Uni- cluding the civil rights movement and the ca- uated from Lemoore High School in 1964 and versity in Livingston, Alabama, Scott joined the reer of former Governor George C. Wallace. Cal Poly, San Luis Obispo in 1968. His ear- Ciba-Geigy Corporation in Mobile. He has de- While noted for his legendary objectivity, Bob liest memories of farm life center on days voted over 15 years to the Ciba-Geigy Cor- has never been afraid to speak his mind. Be spent playing out on the ranch with the kids poration and to Washington County where his it with praise or criticism, Mr. Ingram has who lived in the farm labor camp as well as dedication and hard work helped the company served as a watchdog for the people of Ala- working around the shop with his father and and the community prosper. At Ciba, Scott bama his entire career. brother. served as the head of North American public Bob Ingram has been a reporter, a maga- Today, Mr. Stone owns and operates Stone affairs, the director of community and state re- zine publisher, an author, a television com- Land Company, nestled in the heart of the lations, the global corporate communications mentator, and a speaker for the better part of Central Valley. He credits his employees, manager, and the manager of public affairs a century. In 1968, he also served the people some of who have worked for the company for and communications. of Alabama as the finance director to Gov- over 40 years, in helping harvest cotton, gar- In the midst of his demanding professional ernor Albert Brewer. lic, onions, tomatoes, garbanzo beans, canta- schedule, Scott also dedicated his time to the Mr. Ingram’s life is filled with achievement, loupe, wheat, barley, alfalfa and lettuce grown community, including: the Gulf Coast Science and today I rise to honor yet another of these for seed across the 9,000 acre farm. Because Exploreum, the American Chemistry Council, achievements—the 80th birthday of one of our Mr. Stone is committed to enhancing the qual- Manufacture Alabama, Mobile Area Chamber state’s most revered journalists and esteemed ity of agriculture in the valley, he makes the of Commerce, Business Council of Alabama, citizens. May he continue to inform and inspire extra effort to incorporate new technology on the Washington County Business Alliance, and the people of Alabama, and may his role in his farm. He has been actively involved in op- the Alabama Environmental Initiatives Com- our State’s history not soon be forgotten. erating laser leveling, GPS guidance systems mission. Mr. Speaker, all of us in south Alabama are f and yield monitoring equipment. He has also taken advantage of computers for book- sad to see Scott leave our community. I ask WWII ACE REMEMBERED keeping and in tracking production. Further, my colleagues to join with me in congratu- Mr. Stone has worked closely with University lating him on this achievement and new chap- HON. G.K. BUTTERFIELD Ag Extension programs in testing new prod- ter in his life. I know Scott’s colleagues, his wife Cindy, his daughters Dylan and Kath- OF NORTH CAROLINA ucts and equipment. erine, his family, and many friends join with IN THE HOUSE OF REPRESENTATIVES Aside from his commitments out on the farm, Mr. Stone is an outstanding member of me in praising his accomplishments and ex- Thursday, September 14, 2006 the agricultural community. He currently tending thanks for his many efforts over the Mr. BUTTERFIELD. Mr. Speaker, I rise serves as the Secretary of the San Joaquin years on behalf of the citizens of the First today to remember a great American warrior, Valley Quality Cotton Growers Association, Congressional District and the State of Ala- Col. Herschel H. ‘‘Herky’’ Green. Herky Green Chairman of the San Joaquin Valley Cotton bama. was a pilot in the Army Air Corps during World Board, Director of the Ranchers Cotton Oil f War II and is recognized as one of the sharp- Company, Director of the California Cotton A TRIBUTE TO MRS. CELESTER est shooters of the war. He passed away Au- Growers Association and a Member of the ALSTON CLARK gust 16, 2006 from cancer at the age of 86. CIAA Cotton Committee. In addition, Mr. In his time as a fighter pilot, Herky Green Stone is a board member of Mary Immaculate amassed 402 combat flying hours over the Queen School, Director of the Beltwide Cotton HON. G.K. BUTTERFIELD OF NORTH CAROLINA course of 100 combat missions. He is credited Co-Op and Chairman of the California Garlic IN THE HOUSE OF REPRESENTATIVES with destroying 10 enemy aircraft on the and Onion Research Advisory Board. In the ground and 18 aerial victories, earning him the past, Mr. Stone served as the Director of Thursday, September 14, 2006 designation of Ace. As the leading Ace of the Calcot, Ltd. and the Chairman of Kingsburg Mr. BUTTERFIELD. Mr. Speaker, I rise 15th Air Force, Herky Green dominated the Cotton Oil Company. today to pay tribute to my constituent, Mrs.

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

VerDate Aug 31 2005 05:53 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A14SE8.001 E14SEPT1 ccoleman on PROD1PC71 with REMARKS E1718 CONGRESSIONAL RECORD — Extensions of Remarks September 14, 2006 Celester Alston Clark who is being honored on HONORING THE EVANGELHO SEED honor one of the most beloved residents of Saturday, September 16, 2006 by the North & FARM STORE Monroeville, Alabama, Miss Alice Lee, on the Carolina Federation of Garden Clubs. Mrs. occasion of her 95th birthday and her distinc- Clark is being honored for her dedicated and HON. JIM COSTA tion of being Alabama’s oldest practicing fe- loyal service as well as her enthusiasm and OF CALIFORNIA male attorney. After graduating from Huntingdon College in creativity. All of these qualities have indeed IN THE HOUSE OF REPRESENTATIVES served to provide a tremendous benefit to the Montgomery, ‘‘Miss Alice’’ returned to her Garden Club. Over the years Mrs. Clark has Thursday, September 14, 2006 hometown of Monroeville in the midst of the exhibited an impressive level of leadership to Mr. COSTA. Mr. Speaker, I rise today to Great Depression. For 18 years, she served the Garden Club; in that regard, she sponsors honor and celebrate the Evangelho Seed & as the associate editor and partner of The a workshop each year when the North Caro- Farm Store as the recipient of the 2006 Kings Monroe Journal, a weekly newspaper in Mon- lina Federation of Garden Clubs hosts its An- County Ag Support Business of the Year roeville. She did a little bit of everything at the nual Convention. Further, she serves as the Award. For the past 25 years, Evangelho paper including writing stories, proofing copy State Youth Director. Feed & Farm Store has supplied essential and assisting with the printing. In 1937, ‘‘Miss Alice’’ went to work for the Mr. Speaker, Mrs. Clark is indeed leading farming products and services to the people of the Central Valley. Internal Revenue Service in Birmingham and the charge for her Garden Club where one of at night attended law school. After graduating its objectives is to put more strength behind Rodney and Linda Evangelho opened the farm store on September 1, 1981. They start- from the Birmingham School of Law and being local clubs so that the work of beautifying admitted to the bar in 1943, she returned to ed the business with the help and commitment homes, churches, schools and communities Monroeville to practice law with her father at of family members and three additional em- can be achieved more effectively. Mrs. Clark his firm Barnett, Bugg & Lee, where she con- ployees. The store provided seed to farmers is very instrumental in helping her Garden tinues to practice today. Club promote a full conservation program and dairymen, as well as a small amount of One of ‘‘Miss Alice’s’’ passions has been within local clubs, placing special interest on cat and dog food to the folks of Kings County. her work for the Methodist church. She was wildflowers, native trees, soil, and water. Since then, the Evangelhos have seen their the first woman to head the administrative There are about 40 adult and youth clubs that business flourish and they have opened a new board of her hometown church, and she was belong to the North Carolina Federation of pet and farm supply store. Today, they have the first woman to chair the Alabama-West Garden Clubs which was organized as far a total of 13 employees and offer products for Florida Council on Ministries of the Methodist back as 1935. all types of animals to clothing and jewelry. In Church. Mr. Speaker, Mrs. Clark has been a mem- addition, the Evangelho Seed & Farm Store For 32 years, ‘‘Miss Alice’’ served on the ber of the Daisy Garden Club since 1979 and has become the Valley’s one-stop shop for city’s planning commission. When she stepped in 1995 she organized the Calla Lily Adult members of the 4–H and FFA and they have down in 1998, she was presented with a proc- Garden Club. Under her guidance, the Calla expanded their areas of service into Kings, lamation from the Monroeville City Council. Lily Adult Garden Club has projects at the Pin- Fresno, Tulare and Madera Counties. Mr. Speaker, ‘‘Miss Alice’’ has devoted her kerton’s Street School, Satterwhite Point Lake The Evangelhos attribute their success to life to the service of Monroe County’s resi- Camp Site in Henderson, North Carolina and their customers, but it is their knowledge of dents, and along the way, she has been an in- Haywood Missionary Baptist Church in the Valley’s agricultural needs that keeps the spiration to countless young women—and Louisburg, North Carolina. In addition, Mrs. business growing. Besides offering seminars men—for all that she has accomplished. Clark oversees the Calla Lilly Youth Gardners for 4–H and FFA members, they are active Therefore, it is only appropriate that I ask my referred to as Calla Lilettes. with the Kings County Farm Bureau and the colleagues to join with me in congratulating She was born in Franklin County, North Dairy Herds Improvement Association. They ‘‘Miss Alice’’ on reaching this milestone. I Carolina to Benjamin and Mable Alston, and have also been involved with the Education & know her colleagues, her sisters—Louise Lee Conner and Nelle Harper Lee—her family and has one brother and five sisters. She attended Agriculture Foundation (EAT), which brings her many friends join with me in praising her the Rockford Grade School and graduated teachers from urban areas from Los Angeles significant accomplishments and extending from Franklin County Training School. She re- County to the Bay Area to provide agricultural thanks for her many efforts over the years on ceived her Bachelor of Art degree from A&T education for them to take back and share behalf of the people of Alabama. May there be College in Greensboro, North Carolina. She with their students. In addition to their commit- many more birthday celebrations to come. married the love of her life, Mr. James Clark ments to the agricultural community, the God bless you, ‘‘Miss Alice.’’ of Greensboro, North Carolina. After relocating Evangelho family is active in the Hanford to Washington, D.C., Mrs. Clark secured em- Knights of Columbus, St. Peter’s Church, Our f Lady of Fatima in Laton and the Kings Guild. ployment as a budget analyst with the U.S. LONE STAR VOICE—MAGGI Through years of hard work and dedication Department of Health, Education and Welfare; CARTER with the U.S. Department of Defense in the the Evangelho’s investment in their business area of Financial Management; and finally with make them worthy of this recognition. They have managed to stand alone as a family-run HON. TED POE the U.S. Department of Justice, Bureau of OF TEXAS Prisons. Upon her retirement, she became a and operated business among competitors and have served their local community in im- IN THE HOUSE OF REPRESENTATIVES teacher in the Vance County Public School Thursday, September 14, 2006 system. mense measures. It is for those reasons that I take great pride and honor in joining the While residing in Washington, D.C., Mr. and Mr. POE. Mr. Speaker, it has been one year Kings County community in commending the Mrs. Clark were members of the Upper Room since Hurricane Katrina flooded Texas with success of the Evangelho Seed & Farm Store Baptist Church. Mrs. Clark served as the evacuees. It’s almost a year since welcoming and in wishing Rodney and Linda Evangelho Youth Director, Member of the Hospitality Texans weathered their own storm, Hurricane continued success and prosperity. Committee, and was a member of the choir. Rita. But today there are still shells of smashed She also served as President of the Fort Du- f buildings left standing. There are still homes pont Civic Association. CONGRATULATING MISS ALICE where roofs were peeled back by wind and Upon returning to Henderson, North Caro- LEE ON THE OCCASION OF HER rain. Today only a blue tarp remains over the lina, Mr. and Mrs. Clark reunited with their 95TH BIRTHDAY AND THE DIS- heads of countless families. family home church, Haywood Missionary TINCTION OF BEING ALABAMA’S But these victims, these Lone Star Voices, Baptist Church in Louisburg where she serves OLDEST PRACTICING FEMALE are crying out for help. as President of the Deaconess; Chairperson ATTORNEY Maggi Carter of Beaumont writes, ‘‘Hurri- of the Hospitality Committee; member of the canes Katrina and Rita handed the State of Mass Choir and member of the Missionary HON. JO BONNER Texas an unprecedented housing challenge. Department. OF ALABAMA To date, there are grossly inadequate re- Mr. Speaker, I ask my Colleagues in the IN THE HOUSE OF REPRESENTATIVES sources for the 75,000 victims of Hurricane United States House of Representatives to Rita. We support a 5-step plan to provide join me in paying tribute to one of my most Thursday, September 14, 2006 housing to the more than 100,000 families liv- deserving constituents, Mrs. Celester Alston Mr. BONNER. Mr. Speaker, it is with both ing in Texas who are victims of Hurricanes Clark on this great occasion. pride and pleasure that I rise this week to Katrina and Rita.’’

VerDate Aug 31 2005 05:53 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A14SE8.005 E14SEPT1 ccoleman on PROD1PC71 with REMARKS September 14, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1719 Mr. Speaker her plan includes: Transferring for his dedicated, inspiring work as an umpire worked for the Douglas & Lomason Company, long-term housing from FEMA to HUD, the at Mobile Municipal Park. For over 25 years, one of the major producers of car parts in the people who understand housing; settling the Jim, affectionately known as ‘‘Big Blue,’’ has country. Even after the plant in Carrollton elderly and disabled into long-term govern- given his own special touch to the game of closed down, the company trusted Rev. Neal ment housing; and developing affordable rent- baseball and the development of little boys with the oversight of the company property for al housing while repairing the battered homes and girls who are learning at a very young age years afterward. of survivors. the rules of America’s pastime. But even in working two jobs, Rev. Neal We cannot turn a blind eye to survivors. The All across America, baseball is an important never lost sight of his ministry. Normally, a victims of these natural disasters and their part of our lives, full of history and tradition. Methodist pastor serves one church and is needs cannot be ignored. They need their From little league games in small towns, to moved from church to church every five or so government to finally help them find the calm enjoying a box of Cracker Jacks and a hot years. But Rev. Neal was so beloved by his after the storm. dog at a major league ballpark, there is no congregations that he served as the pastor of That’s just the way it is. other sport that is as American as baseball. 3 churches simultaneously—in Newnan, Geor- f Jim Emfinger has enriched this tradition with a gia for 32 years. These churches are Smith sense of kindness and humanity for which we Chapel UMC, Wesley Chapel UMC, and Clark IN HONOR OF SERGEANT VINCENT should all strive both on and off the field. Chapel UMC. During those years, his church- FISCELLA Jim is well known for helping out the young es were recognized twice as ‘‘church of the girls and boys at Mobile Municipal Park, call- year’’ by the North Georgia Methodist Con- HON. MICHAEL N. CASTLE ing a time out if a player needs help or lending ference, another testament to his leadership OF DELAWARE a hand if someone gets hurt while sliding into and skill. Rev. Neal also continued his edu- IN THE HOUSE OF REPRESENTATIVES home. On more than one occasion, Jim has cation by receiving a Master of Divinity degree Thursday, September 14, 2006 pretended to help tie a youngster’s shoe while from Candler School of Theology at Emory secretly telling him how to hold the bat. I have University in Atlanta. Mr. CASTLE. Mr. Speaker, it is with great heard nothing but praise for Jim from the But Rev. Neal also lived out what he pleasure that I rise today to pay tribute to Ser- countless parents, coaches, and players who preached regarding the importance of family— geant Vincent Fiscella a 17-year veteran of have been lucky enough to be a part of one he cared for his mother until she passed the Delaware State Police and the 2006 recipi- of the many little league games that Jim has away, and he continues to live in her house ent of the Legacy of Honor Award presented umpired. As the father of a little slugger my- with an older brother. by the Ronald G. Williams Foundation. self, I can say I have witnessed first-hand the He has also been invaluable to the commu- In 2003, The Ronald G. Williams, Jr. Foun- numerous times Jim Emfinger’s love of chil- nity in Carroll County. He has served on the dation instituted the ‘‘Legacy of Honor’’ Award dren and love of baseball have come together planning commission for the city of Carrollton, to recognize Delaware law enforcement offi- to make a positive difference. the Carroll County Water Authority, and on the cers who distinguish themselves through ex- With a remarkable sense of patience and Chamber of Commerce Board of Directors to emplary integrity and devotion to character. class, Jim Emfinger is a man who not only name a few. Even while working two full-time Sergeant Fiscella is a very worthy recipient of honors the game of baseball, but he is a role jobs, Rev. Neal still found time to serve his this award and I’m proud to honor him today. model to all of the parents and children he community. Sergeant Fiscella also serves as the President meets. Rev. Neal has earned the respect and love of the Delaware State Troopers Association. Mr. Speaker, I ask my colleagues to join me of the people of Carroll County. Even today, The Legacy of Honor Award was created in in recognizing a dedicated community leader when Rev. Neal does something as simple as memory of Delaware State Trooper Ronald and friend to many throughout south Alabama. go out to a restaurant to eat, people know him Williams who was dedicated to the ideals of I know Jim’s family and friends, along with and come speak to him about their lives. honor, duty, loyalty and service to others. Ser- past and present ball players, join me in prais- Mr. Speaker, it is an honor to bring a life of geant Fiscella joins two other distinguished in- ing his accomplishments and extending thanks service like that of Rev. Neal before the dividuals who have received the Legacy of for his many efforts over the years on behalf House. He is an example to young people Honor Award: Chief Kevin McDerby of New of the city of Mobile and all the future ‘‘Hall of across this Nation of the type of spirit we need Castle County Police and Major Joseph Papili Famers’’ who live there. in our citizens—he looks beyond what it of the Delaware State Police. f means to gain notoriety for himself, and fo- Sergeant Fiscella’s desire to become a cuses on serving others. Servant leadership. Delaware State Trooper was born out of a will TRIBUTE TO REV. JOSEPH CALVIN Something we would do well to practice here to be a part of an organization with rich tradi- NEAL in Washington, and something that Rev. Neal tion and history. Since 1923, the Delaware exemplifies by his life. We all wish him the State Police have been serving the people of HON. LYNN A. WESTMORELAND very best in his retirement and continued serv- Delaware and now more than ever, the impor- OF GEORGIA ice to my State and our Nation. tance of effective law enforcement is apparent. IN THE HOUSE OF REPRESENTATIVES f Thankfully, there are officers like Sergeant Thursday, September 14, 2006 Fiscella serving and protecting our commu- TRIBUTE TO DIANNE EDWARDS nities. Mr. WESTMORELAND. Mr. Speaker, I rise Mr. Speaker, in closing, I would like to once today to honor the work of Rev. Joseph Calvin HON. LYNN C. WOOLSEY again, commend Sergeant Fiscella on his Neal, from Carroll County in my district in OF CALIFORNIA achievement and thank him and all law-en- Georgia. IN THE HOUSE OF REPRESENTATIVES forcement officials for all the tireless work they Rev. Neal began life in Carroll County as Thursday, September 14, 2006 undertake to make our streets and commu- one of 12 children of a single mother. As a nities safe places to live. I’m sure Sergeant young teen, he took a job at the Green Front, Ms. WOOLSEY. Mr. Speaker, I rise today to Fiscella is and will continue to be an inspira- a locally owned restaurant, and was renowned honor Dianne Edwards of Santa Rosa, Cali- tion to his colleagues and future law-enforce- for his ability to take the orders of multiple pa- fornia, who is retiring after ten years as Direc- ment officers. trons with no notes and never missing a beat. tor of Human Services for Sonoma County, f Rev. Neal became so beloved by key com- Dianne’s job required overseeing one of the munity leaders that they got him a job at Sun- largest departments in County government. CELEBRATING THE CAREER OF set Hills Country Club and eventually encour- Human Services provides essential services to JIM EMFINGER aged and supported him at Paine College in one in nine residents including cash aid, med- Augusta, where he received a degree in ical assistance, and food stamps to low in- HON. JO BONNER music. come individuals and families; employment OF ALABAMA The Lord called Rev. Neal to the ministry, and training services; assistance to the elder- IN THE HOUSE OF REPRESENTATIVES and after his training was complete, he began ly, disabled and veterans to maintain quality of serving as the pastor of several Methodist life; and child welfare and child protective Thursday, September 14, 2006 churches in west Georgia. services. Dianne managed the 600 staff and Mr. BONNER. Mr. Speaker, I rise today to But his service at his churches wasn’t his their supervisors responsible for these activi- congratulate Jim Emfinger of Mobile, Alabama, only job. During his time as pastor, he also ties at 8 locations.

VerDate Aug 31 2005 05:53 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A14SE8.008 E14SEPT1 ccoleman on PROD1PC71 with REMARKS E1720 CONGRESSIONAL RECORD — Extensions of Remarks September 14, 2006 Children are among our most vulnerable For his efforts on behalf of humanity, this I am proud to support the Dalai Lama for populations, and during Dianne’s tenure the Dalai Lama was awarded the Nobel Peace the Congressional Gold Medal. He has kept County, with the assistance of other organiza- Prize in 1989. His efforts to promote peace the cause of human rights alive in Tibet and tions, built the Valley of the Moon Children’s and non-violence throughout the globe, and to in other places around the globe. He is a true Home, an emergency center for child victims find democratic reconciliation for the Tibetan hero to me and many others throughout the of abuse. The department also manages the people through his ‘‘Middle Way’’ approach world. Redwood Children’s Center for a safe, sup- has won him world-wide acclaim. portive environment for child victims of sexual This Dalai Lama has significantly advanced f abuse. the goal of greater understanding, tolerance, IN RECOGNITION OF CHIEF MARK Dianne holds a Master’s Degree in Public harmony, and respect among the different reli- MOCZULSKI FOR HIS 29 YEARS Administration and has spent the last 34 years gious faiths of the world through interfaith dia- OF SERVICE TO THE ANTIOCH in social services in California at both county logue and outreach to other religious leaders POLICE DEPARTMENT and state levels. She began her career as an and, perhaps most important, he has used his eligibility worker, worked 2 years as State moral authority to promote the concept of uni- Chief of AFDC and Food Stamps Policy for all versal responsibility as a guiding tenet for how HON. ELLEN O. TAUSCHER 58 California counties, and served as Director human beings should treat one another and OF CALIFORNIA of Adult and Employment Services for Orange the planet we share. IN THE HOUSE OF REPRESENTATIVES County just before moving to Sonoma. For these reasons, I strongly support S. Thursday, September 14, 2006 Locally, Dianne has shared her expertise 2784 and urge my colleagues to join me in with the community including the Board of Di- voting to award the Congressional Gold Medal Mrs. TAUSCHER. Mr. Speaker, I rise to pay rectors of United Way, commissioner on the to Tenzin Gyatso, the 14th Dalai Lama. tribute to Chief Mark Moczulski who is retiring Children and Families Commission, and mem- from the city of Antioch Police Department f ber of the Mayor’s Gang Task Force for the after 29 years of serving Antioch and the en- City of Santa Rosa. She has also participated, FOURTEENTH DALAI LAMA CON- tire region. as a member and officer of the County Wel- GRESSIONAL GOLD MEDAL ACT Mark Moczulski began his distinguished ca- fare Directors Association of California, the reer with the city of Antioch Police Department National Association of Counties, and the Na- SPEECH OF in 1977. In 1985, he was promoted to police tional Association of County Human Services HON. FRANK R. WOLF corporal, and in 1987 received the ranking of Administrators. sergeant. Three years later he became a lieu- OF VIRGINIA Mr. Speaker, Sonoma County has been for- tenant, and in 1996, he was promoted to cap- IN THE HOUSE OF REPRESENTATIVES tunate to have Dianne Edward’s leadership for tain. the Human Services Department, a depart- Wednesday, September 13, 2006 In 2000, Mark Moczulski was promoted to ment which is responsible for the welfare of Mr. WOLF. Mr. Speaker, I rise in support of police chief for the city of Antioch. As chief, he many of our community’s most vulnerable citi- S. 2784 to award a congressional gold metal has been instrumental in helping the police zens. We appreciate the skill, proficiency, and to Tenzin Gyatso, the Fourteenth Dalai Lama, department expand in size and quality of serv- dedication with which she has guided these in recognition of his many enduring and out- ice and supporting community-wide efforts to crucial services for 10 years. standing contributions to peace, non-violence, maintain a high quality of life for city of Anti- f human rights, and religious understanding. och residents during the region’s punctuated growth. FOURTEENTH DALAI LAMA CON- I am honored to support the Dalai Lama to During his tenure, Chief Moczulski oversaw GRESSIONAL GOLD MEDAL ACT receive the Congressional Gold Metal. He has dedicated himself to the Tibetan people and the completion of several projects to support SPEECH OF the pursuit freedom. He is the head of state the department’s expansion. Some of these and spiritual leader of the Tibetan people—the accomplishments include managing the com- HON. SHEILA JACKSON-LEE epitome of strength and courage, revered pletion of the build-out of the police depart- OF TEXAS around the world for his commitment to the ment’s main facility and the establishment of a IN THE HOUSE OF REPRESENTATIVES cause of human rights and religious free- sub-station at the Prewett Family Water Park. Wednesday, September 13, 2006 dom—a man who wants only to be able to re- As Chief, Mark Moczulski was also respon- Ms. JACKSON-LEE of Texas. Mr. Speaker, turn to his country in peace and to lead his sible for several technology improvement I rise in strong support of S. 2784, which au- people in the practice of their religion. He had projects including the implementation of a new thorizes the awarding of the Congressional led the effort to preserve the rich cultural herit- state-of-the-art information and records system Gold Medal to Tenzin Gyatso, the 14th Dalai age of the Tibetan people. as well as acquiring important safety equip- Lama. The Congressional Gold Medal is the I traveled to Tibet in 1997 and saw with my ment including portable radios for all officers highest expression of national appreciation for own eyes the suffering the Tibetan people en- and automated external defibrillators. These exceptional service and for lifetime contribu- dure. I visited monasteries and talked with expansion projects were important for the po- tions. The medal has been awarded to individ- many people. Several monks spoke to me in lice department and even more invaluable for uals from all walks of life. Dr. Martin Luther secret and shared with me the horrors taking residents of the Antioch community, who now King, Jr. and Coretta Scott King, Pope John place in Tibet. I heard stories of monks and receive more value-added police services than Paul II, the Navajo Code Talkers, Rosa Parks, nuns who were dragged away to prison and ever before. Frank Sinatra, and Elie Wiesel are among tortured. Chief Moczulski also worked to improve the those who have been honored. The Dalai These monks and nuns are not alone. Reli- quality of department services during his ten- Lama is well qualified to join the list of individ- gious persecution is spread across China. ure at the Antioch Police Department. His uals who have received this most distin- Catholic bishops are in prisons and labor work included the creation of a professional guished of honors. camps. Protestant House Church leaders are standards and training bureau as well as the Tenzin Gyatso, the Fourteenth Dalai Lama routinely harassed and detained. Large num- development of a continuous testing process is recognized in the United States and bers of Muslims in China are in prison be- for hiring new employees. throughout the world as a leading figure of cause of their faith. Young Muslim Uighur As a resident of Antioch with his wife Robin, moral and religious authority. He is the boys and girls are not even allowed to enter Mark Moczulski is both a member and leader unrivaled spiritual and cultural leader of the Ti- a mosque until they are 18-years-old. of the community. Mark has one daughter, betan people, and has used his leadership to I have been standing on the floor of this Jennifer, who is 24 and a son, Eric, who is 24. promote democracy, freedom, and peace for House talking about human rights in China For 29 years, Chief Moczulski has served the Tibetan people through a negotiated set- and the Dalai Lama for two decades. The the Antioch Police Department and sur- tlement of the Tibet issue, based on autonomy world is now looking for resolutions to the rounding community. His hard work has im- within the People’s Republic of China. human rights problems in China and Tibet. proved the safety of the city and the commu- This Dalai Lama has led the effort to pre- There has been a dialogue taking place be- nity as a whole, and has ensured an enduring serve the rich cultural, religious, and linguistic tween the Dalai Lama’s envoys and the Chi- legacy of public service in Antioch. Today, I heritage of the Tibetan people and to promote nese, and that is good. But we now need to am proud to commend him for his service to the safeguarding of other endangered cultures see some concrete results from these talks. the community, his dedication to duty and his throughout the world. The Tibetan people deserve to live in peace. commitment to the people of Antioch.

VerDate Aug 31 2005 06:18 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A14SE8.012 E14SEPT1 ccoleman on PROD1PC71 with REMARKS September 14, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1721 TRIBUTE TO M&M FOOTBALL community will mark this centennial with a After graduation, she taught social studies GAME number of special events, including the first and history at Fulmore Junior High School in ever M&M Twin Cities Parade, the first parade Austin, Texas from 1955 to 1956. She had HON. BART STUPAK that will originate in Menominee, proceed also two daughters and two sons in the fol- OF MICHIGAN through town, cross the Menominee River and lowing years, and she campaigned for Texas IN THE HOUSE OF REPRESENTATIVES the Wisconsin border and then finish in liberals and progressives such as Henry B. Marinette, Wisconsin. Every year, the teams Gonzalez, Ralph Yarborough, and Sarah Thursday, September 14, 2006 rotate where the game will be played and this Weddington. One of her daughters, Cecile Mr. STUPAK. Mr. Speaker, I rise today to year the game will take place at Higley field in Richards became president of Planned Par- pay tribute to a time honored tradition ob- Marinette, Wisconsin. enthood in 2006. Throughout her life Ann served in my district and, specifically, in my Mr. Speaker, high school football is a Richards was a forceful champion for eco- hometown of Menominee, Michigan. Nearly uniquely American institution and tradition that nomic and social justice for all Americans, es- every year, since 1894, Menominee High brings our communities together. Rivalries be- pecially women and the disadvantaged. tween neighboring schools serve to remind us School’s football team, known as the Maroons, In 1976, Richards ran against and defeated of our roots and why our hometowns are spe- has played their rivals just across the Wis- a three-term incumbent on the Travis County, cial to each of us. The older and deeper the consin border, the Marinette High School Ma- Texas Commissioner Court, holding the posi- rivalry, the greater the passion it elicits from rines. The annual rivalry is known as the M&M tion for six years. She then was elected State fans and alums. The Menominee-Marinette ri- (Marinette & Menominee) game. In many Treasurer in 1982, becoming the first woman valry is unique in many ways. Holding the title ways, it parallels the annual contest in the pro- elected to statewide office in more than fifty of the third oldest interstate high school com- fessional football between the Chicago Bears years. In winning the Democratic nomination and the Green Bay Packers, another long- petition makes this game special. Perhaps what is most unique about the an- for treasurer, Richards ended the career of a standing rivalry. Texas politician with the same name as a Since 1894, the M&M game has developed nual M&M game is that such an intense rivalry president (but no relation), Warren G. Harding. into one of the oldest interstate athletic com- draws two communities together into a spirit of In 1986, she was re-elected treasurer without petitions in the United States. In fact, until shared kinship. These two cities, separated opposition. 2005, the National Federation of State High only by a river and a state line, rediscover School Associations recognized the M&M their unique identities every fall by rooting for Ann Richards delivered the keynote address game as the oldest interstate series in the the Marinette Marines or the Menominee Ma- to the 1988 Democratic National Convention, United States. Last year, the National Federa- roons. At the same time that these two com- a move which put her in the national spotlight tion of State High School Associations found munities celebrate their rivalry, they also ac- with the line ‘‘Poor George [H.W. Bush], he that two other interstate athletic series were knowledge their longstanding shared history. can’t help it . . . He was born with a silver older. Nonetheless, the proud tradition of the As the Menominee Maroons and the foot in his mouth.’’ The speech set the tone for M&M game remains the oldest interstate high Marinette Marines prepare to don their respec- her political future; she described herself as a school football competition in the Midwest and tive maroon and purple uniforms for their one- real Texan (in supposed contrast to George the third oldest in the nation. hundredth game, I ask that the U.S. House of H.W. Bush), established herself as a feminist, To understand what this competition means Representatives join me in saluting the players and reached out to African-Americans and to the people of Menominee and Marinette, of today and yesterday as well as these two Hispanics. In 1989, with co-author Peter one needs to know a little about the area. communities for continuing this unique tradi- Knobler, she wrote her autobiography, Straight These two communities are separated only by tion. from the Heart. the Menominee River, which serves as the f In 1990, she sought and won the Demo- state border. The communities are so closely ON THE DEATH OF TEXAS cratic gubernatorial nomination besting such tied together economically that in many ways GOVERNOR ANN RICHARDS venerable vote getters as Texas Attorney the residents think of the two cities as one, General James ‘‘Jim’’ Mattox and former gov- disregarding the state border that separates HON. SHEILA JACKSON-LEE ernor Mark White. In the general election she the two states. defeated multi-millionaire rancher Clayton Wil- OF TEXAS However, every fall, town pride boils up and liams after a brutal campaign and was inaugu- IN THE HOUSE OF REPRESENTATIVES the team colors come out as the two towns rated the 45th governor of Texas in January prepare for the annual game. Together, Thursday, September 14, 2006 1991. Marinette and Menominee are transformed Ms. JACKSON-LEE of Texas. Mr. Speaker, The Texas economy had been in a slump into an exceptional Midwestern fall festival as it is my sad duty to report to the House the since the mid-1980s, compounded by a down- area residents organize a celebration of this loss of an American original and the First Lady turn in the U.S. economy. Governor Richards great tradition. Through events like parades, of Texas politics, the great Ann Richards. responded with a program of economic revital- tug of war contests, battles of the drums, a Governor Richards died yesterday after a long ization, yielding growth in 1991 of 2% when community yell contest, a powder puff game, battle with throat cancer. She was 73. the U.S. economy as a whole shrank. She fireworks and a bonfire, the people of Menom- Dorothy Ann Willis Richards began her ca- also streamlined Texas’s government and reg- inee and Marinette celebrate their shared his- reer in politics in the early 1970s after having ulatory institutions for business and the public. tory through good natured competition. raised four children. A Democrat, she served Her efforts helped to revitalize and position Over the years, the Menominee-Marinette as County Commissioner in Travis County, Texas’s corporate infrastructure for the explo- competition has produced a whole range of Texas from 1977 to 1982. Richards was elect- sive economic growth it experienced later in football stars, many of whom went on to play ed to the first of two terms as Texas State the decade. Her audits on the state bureauc- football for Big Ten schools like the University Treasurer in 1982. We who knew and loved racy saved Texas taxpayers more than $6 bil- of Wisconsin, the University of Michigan and her will remember her always as a forcefully lion. Michigan State University. The two schools articulate and amusingly folksy speaker. She have also produced athletes who played in the first gained national prominence with her key- Governor Richards reformed the Texas pris- National Football League. A particularly re- note address at the 1988 Democratic National on system, establishing a substance abuse markable photo from 1958 shows three NFL Convention. In 1990 she was elected governor program for inmates, reducing the number of players—Billy Wells, Dick Deschaine, and Earl of Texas, the first woman chief executive of violent offenders released, and increasing pris- ‘‘Gug’’ Girard. All three were on the field at the Texas in more than fifty years. on space to deal with a growing prison popu- same time during a Pittsburgh Steelers-Cleve- Dorothy Ann Willis was born in Lakeview, lation (from less than 60,000 in 1992 to more land Browns game and, interestingly, all three Texas. She grew up in Waco, Texas, and than 80,000 in 1994). She backed proposals hail from the Menominee-Marinette area. graduated from Waco High School in 1950, to reduce the sale of semi-automatic firearms This year is particularly important for these participating in Girls State. She received a and ‘‘cop- killer’’ bullets in the state. two communities and for this tradition. While bachelor’s degree from Baylor University while The Texas Lottery was also instituted during this rivalry originated in 1893, for a variety of on a debate scholarship. She married her high her governorship—advocated as a means of reasons, the two schools did not play each school sweetheart, David Richards, and supplementing school finances; Ann Richards other a few years, making 2006 the year that moved to Austin, Texas, where she earned a purchased the first lotto ticket on May 29, Menominee and Marinette will play their one- teaching certificate from the University of 1992. However, most of the income from the hundredth game. The Marinette-Menominee Texas at Austin. lottery went into the state’s general fund rather

VerDate Aug 31 2005 05:53 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A14SE8.016 E14SEPT1 ccoleman on PROD1PC71 with REMARKS E1722 CONGRESSIONAL RECORD — Extensions of Remarks September 14, 2006 than specifically to education, until 1997, when HONORING 2006 PRESIDENTIAL dedication. She carried out her responsibilities all lottery net revenue was redirected to the FREEDOM SCHOLARSHIP RECIPI- as mother, wife, hostess, campaign advisor, state’s Foundation School Fund, which sup- ENTS IN THE 20TH CONGRES- and friend with a grace and style, which few ports public education. School finance re- SIONAL DISTRICT OF NEW YORK could match. Her loss is felt deeply throughout mained one of the key issues of her governor- Delaware County, particularly in Springfield, ship and of those succeeding hers; the fa- HON. JOHN E. SWEENEY the town she proudly called home. mous Robin Hood plan was launched in the OF NEW YORK Mr. Speaker, I ask my colleagues to join me 1992–1993 biennium which attempted to make IN THE HOUSE OF REPRESENTATIVES in remembering Pearl Miller, a dedicated friend to many in the 7th Congressional Dis- school funding more equitable across school Thursday, September 14, 2006 trict. I wish Pearl’s husband, Rutherford S. districts. Richards also sought to decentralize Mr. SWEENEY. Mr. Speaker, I would like to ‘‘Ford’’ Miller, Sr. and family my heartfelt con- control over education policy to districts and take this opportunity to honor and recognize dolences. May they find comfort in knowing individual campuses; she instituted ‘‘site-based 20 exceptional high school students in my that the many people she impacted deeply management’’ to this end. Congressional District that were the recipients value her dedication and generosity and the In March 2006, Richards announced that of the 2006 Presidential Freedom Scholarship. example of her life and work. she had been diagnosed with esophageal can- The immeasurable amount of time and effort f cer and will be seeking treatment at M.D. An- that these students have volunteered this past DETROIT SHOCK CHAMPIONSHIP derson Cancer Center in Houston, Texas. The year has helped countless citizens of my dis- CELEBRATION disease has a five-year survival rate of 25 per- trict, and has made New York’s 20th a better cent. Despite the statistics, Governor Richards place to live. vowed to beat her illness and battled valiantly The Presidential Freedom Scholarship pro- HON. CAROLYN C. KILPATRICK motes student service and civic engagement OF MICHIGAN until the very last day, when she finished her by recognizing high school students for out- journey on earth and ascended to the heav- IN THE HOUSE OF REPRESENTATIVES standing leadership in service to their commu- Thursday, September 14, 2006 ens. nity and neighbors. This year’s recipients in None of us who knew and loved Ann Rich- my Congressional District include: Ms. KILPATRICK of Michigan. Mr. Speaker, ards will ever forget her or the way she bright- David Casazza, Paige Hanselman, Andrea the Detroit Shock were crowned 2006 WNBA ened the lives of all the people she served. E. Holmes, Chad M. Shippee, Vanessa A. Champions after their 80–75 victory in Game She was one in a million and she will be Merrill, Kathleen B. Price, Renee C. O’Toole, 5 against the Sacramento Monarchs. This is deeply missed. She will never be replaced. Eric R. Reeve, Craig Millward, Nicholas the Shock’s second WNBA title in franchise She was an American original. She was my Kitsock, Patrick K. Gavin-Brynes, Meghan G. history. The Shock also won in 2003. friend. Michael, Brian Driscoll, Katelin M. Meehan, The Shock proved they have ‘‘got game’’ by Michael Fueston, Stephen R. McGrath, Philip becoming one of three teams to win two championships. Houston and Los Angeles are f J. Schools, Kathleen Dillon, Jaimie N. DeJager, and Vincent A. Newell. the others. The Shock’s two titles in four sea- IN HONOR OF THE 100TH HIGH By completing at least 100 hours of commu- sons rank them among best in league history. SCHOOL FOOTBALL GAME BE- nity service, these high school students are Flint native Deanna Nolan was named Most TWEEN MARINETTE, WISCONSIN solving problems in their communities, dem- Valuable Player, MVP of the 2006 WNBA AND MENOMINEE, MICHIGAN onstrating compassion for others, and assist- Finals. ing those who need support. Former Detroit Piston Bill Laimbeer is the Our neighborhoods and communities are Head Coach; former Detroit Pistons Rick HON. MARK GREEN stronger because of volunteers and these stu- Mahorn is an assistant coach. Cheryl Reeve is dents are truly a role model for our nation and the other assistant coach. OF WISCONSIN their peers. It is my privilege to honor such The Shock’s regular season record was 23– IN THE HOUSE OF REPRESENTATIVES selfless and dedicated members of my district. 11. On behalf of the United States Congress, I This is the WNBA’s 10th anniversary. Wom- Thursday, September 14, 2006 offer my best wishes to them for continued en’s basketball announced ‘‘We Got Next!’’ success in the future. when the NBA Board of Governors approved Mr. GREEN of Wisconsin. Mr. Speaker, f the WNBA concept in 1996. today I would like to recognize the Marinette The Detroit Shock serve as examples to Marines from Marinette High School and the TRIBUTE TO MARGARET E. young women everywhere. Their accomplish- Menominee High School Maroons as they pre- ‘‘PEARL’’ MILLER ments encourage others to make HERstory. pare for the 100th meeting of their football They demonstrate how you can achieve suc- teams. HON. CURT WELDON cess by setting goals, doing your best, and This celebrated gridiron contest began over OF PENNSYLVANIA practicing teamwork. a century ago when the teams first met on IN THE HOUSE OF REPRESENTATIVES Shock Players include Jackie Batteast, Kara Braxton, Swin Cash*, Cheryl Ford*, Kedra Hol- Thanksgiving Day in 1894. Over one hundred Thursday, September 14, 2006 years later, the Marinette and Menominee land-Corn*, Deanna Nolan*, Sabrina Palie, Mr. WELDON of Pennsylvania. Mr. Speaker, Plenette Pierson, Elaine Powell*, Ruth Riley*, High School football game is one of the oldest I rise today with great sadness and tremen- Katie Smith, and Angelina Williams. interstate high school football rivalries in the dous gratitude to honor the life of my good *Members of the 2003 and 2006 teams. nation. friend, Margaret E. Miller, a generous and f In true Midwestern football spirit, the historic dedicated member of the community who will game between Marinette and Menominee is be greatly missed in Delaware County, Penn- HOMELESS VETERANS one of the biggest events of the year for sylvania. Mrs. Miller, known to her many locals. While many shops and factories close friends as ‘‘Pearl’’, was a woman of character, HON. MICHAEL H. MICHAUD for the day to enjoy the game, others decorate ability and charm, and we shall all miss her OF MAINE their storefronts with school colors. Without a very much. IN THE HOUSE OF REPRESENTATIVES Pearl Miller was renowned for her unswerv- doubt, the stands are filled each and every Thursday, September 14, 2006 year with screaming fans—all anxious to show ing loyalty to her friends and family. She pride in their school and town. worked to make a difference in the lives of Mr. MICHAUD. Mr. Speaker, each night others and everyone who met her was nearly 200,000 veterans are homeless. They Mr. Speaker, it’s my pleasure to recognize warmed by her friendliness and hospitality. live on the streets, in alleys, in cars, in barns this historic football game and pay tribute to While establishing her reputation as a loving and under bridges. Many other veterans are the one hundred years of tradition surrounding wife and mother, Pearl also distinguished her- just one paycheck away from being homeless. it. On behalf of the residents of Wisconsin’s self as a gracious hostess and active sup- The Government Accountability Office has 8th Congressional District, I want to say con- porter of many admirable causes. Pearl Miller just reported that the Department of Veterans gratulations, best of luck, and go Marines! was a woman of integrity, compassion, and Affairs’ largest program to provide homeless

VerDate Aug 31 2005 05:53 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A14SE8.019 E14SEPT1 ccoleman on PROD1PC71 with REMARKS September 14, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1723 veterans with safe shelter has a shortfall of seeing to it that the troops are receiving what our brave young men and women who coura- nearly 10,000 beds. they need and has no qualms about making geously defend this country. Congratulations, While VA and community providers try to do her feelings known when she sees a problem Beverly, and thank you. right by homeless veterans, the GAO report where they are concerned. She takes action in f found that the capacity is not there to meet a way that immediately gets attention and re- demand. sults. As a former drill sergeant myself, it A TRIBUTE TO MONSIGNOR The situation will get worse because recent strikes me that she would have made a good FRANCIS G. TASY combat veterans are already homeless. Just one. Affectionately known as ‘‘The Hurricane’’ last year, VA served nearly 600 veterans from in the halls of Bethesda and Walter Reed hos- HON. JIM COSTA Iraq and Afghanistan in its Health Care for pitals, she says and does whatever it takes to OF CALIFORNIA Homeless Veterans program. see that the troops have their needs taken IN THE HOUSE OF REPRESENTATIVES On September 30th, the authorization for care of. This includes everything from chewing Thursday, September 14, 2006 two key programs for homeless veterans—the out staff to writing to the President. In neither Mr. COSTA. Mr. Speaker, I rIse today to VA Grant and Per Diem program and the case does she mince words. honor and remember the life of Monsignor Homeless Providers Technical Assistance One soldier who was slipping into a cata- Francis G. Tasy. Monsignor Tasy brought Grant program—is set to expire. tonic state from so much pain medication great peace and happiness into the lives of If we fail to reauthorize these programs, we credits her with saving his life, literally. She the entire community of Kerman. A great loss will be leaving homeless veterans behind. did this by walking out on the experts who to all those touched by his benevolence, he Homelessness is a problem that we can solve. were discussing putting him in a psychiatric passed away on August 2, 2006. I urge my colleagues to enact H.R. 5960, ward, running into his room and yelling in his Monsignor Francis G. Tasy was born on Oc- the Homeless Veterans Assistance Act of ear that he must fight to get better or she and tober 15, 1925 to Hungarian immigrants who 2006, which reauthorizes key programs for the Commandant would ‘‘kick his ass.’’ The moved to America in the first years of the 20th homeless veterans and fortifies VA’s efforts to soldier promptly ‘‘snapped to,’’ and is now century. As a young boy at Our Lady of Hun- prevent and end homelessness among vet- back home working in Idaho. gary Parish in Perth Amboy, New Jersey, When she got wind that the rules about sol- erans. Msgr. Tasy aspired to lead a devout life. He diers receiving donations were being tightened f attended St. Charles College in Roland Park, at some bureaucratic level in the Pentagon, Maryland and went on to complete his studies HONORING BEVERLY YOUNG FOR she shot off a letter to President Bush ex- at St. Mary’s Seminary in Catonsville. Mon- HER COMMITMENT TO OUR pressing her outrage and demanding imme- WOUNDED HEROES signor Tasy was ordained on May 1, 1952. diate attention to correct the grievance to her Following his time at St. Patrick’s Parish in beloved troops. She has impacted the lives of Watsonville, California; Msgr. Tasy began his HON. JOHN P. MURTHA the troops in countless ways, from prompting work in the Valley with two years at the Naval OF PENNSYLVANIA major policy changes through her vocal advo- Weapons Testing Center at China Lake, fol- IN THE HOUSE OF REPRESENTATIVES cacy to the generous gift of her personal time lowed by one year at St. Francis in Bakers- Thursday, September 14, 2006 one-on-one with the wounded. field. In 1957, he was assigned to St. Patrick’s Beverly is not an occasional visitor; she is Parish in Kerman where he spent the next 26 Mr. MURTHA. Mr. Speaker, I would like to there constantly for these young men and years. During this time Msgr. Tasy worked take this opportunity to congratulate a good women and their families, becoming as famil- tirelessly to transform a small farm church into friend whom most of us have the pleasure to iar to them as anyone else they encounter a thriving Catholic community of active and know, Mrs. Bill Young, or as she prefers to be during their stay. She is fiercely protective of faithful individuals. Many greatly valued his known to our wounded troops, simply ‘‘Bev- them. She is not formal or aloof; she insists love for the church and respected his devotion erly.’’ Beverly has been recognized by the that the troops call her Beverly. She vastly to its success. The Costa Family has wonder- United States Marine Corps for her extraor- prefers spending time in the company of these ful memories with Msgr Tasy in Kerman and dinary commitment to our wounded troops wounded heroes to attending stiff official his extraordinary efforts to reinvigorate that with The Dickey Chapelle Award. Washington functions. She will hold their hand parish community. For his outstanding leader- This annual award recognizes civilians who for hours when they have no one else to be ship and endless support for those in need, he have given extraordinary contribution to the with them. She feeds them, brings them con- will be forever remembered. Corps. It is named in honor of the memory of traband, slips cash to their families from her the late Dickey Chapelle, an American cor- In 1983 Monsignor Tasy brought his good- own pocket, and hits up everyone she knows, will to Reedley, California after accepting a respondent who was killed while covering the including her own doctor, for all types of dona- actions of Marine infantrymen engaged in transfer to the St. Anthony’s Parish there. As tions, whether in-kind or monetary. She LIS- he did in Kerman years earlier, Monsignor combat against enemy forces during the Viet- TENS to each and every one of them to find nam war. Tasy revitalized the faithful community in out what they need and if they don’t have it, Reedley. Faced with a deteriorating church Mr. Speaker, this is a well-deserved honor. she goes and gets it, whatever it is, from who- Beverly and her husband, my friend and col- and fading Catholic community, he relied on ever she has to get it from, and brings it to his sound administration, conventional teach- league, Chairman C.W. ‘‘BILL’’ YOUNG, of Flor- them. She and BILL regularly take them out to ida, have quietly shown a level of sincere, per- ing and complete devotion to restore the dinner. church and the local grammar school, St. La sonal compassion and devotion to our fighting And perhaps most importantly of all, she sits men and women that is not often seen in Salle. with them and tells them how much they are Monsignor Tasy was an excellent model of Washington. They do it without fanfare or loved. success, devotion, and commitment to the seeking recognition in a way that reminds me This, Mr. Speaker, is no small contribution well-being of entire communities. He was ex- of the greatness of the American spirit. to this country. I know of no one who has emplary in every way with a work ethic worthy The men and women who fight for this given more time and energy to making sure of respect and admiration. For all that he ac- country have an uncanny ability to overcome these young men and women know that complished, all that he worked tirelessly for, extraordinary odds, both on the battlefield and someone cares about each and every one of and all that he hoped for, we will always re- in life. However, when they are lying in a hos- them and that they can make it through this member him with gratitude and appreciation. pital bed in excruciating pain from terrible, de- horrific experience of being wounded in battle. bilitating injuries, there simply is no more dif- With her intense, unique, passionate style and f ficult personal challenge in this world than try- commitment, Beverly has earned the respect IN RECOGNITION OF FLORIDA ing to recover, physically and mentally. of everyone she meets, military and civilian, LIGHTHOUSE DAY 2006 To Beverly Young, each and every one of politician and bureaucrat. I have no doubt in them is her child. If she could, I have no doubt my mind that Beverly Young has made a tre- HON. E. CLAY SHAW, JR. she would go into battle with them. Instead, mendous impact in the lives of our service OF FLORIDA she must content herself with fighting for them men and women. This country is a better IN THE HOUSE OF REPRESENTATIVES in the hospital wards and the bureaucratic place for her example. halls of Washington as a volunteer. So, Mr. Speaker, today I come to the Peo- Thursday, September 14, 2006 In truth, ‘‘content’’ is probably the wrong ple’s House to recognize and congratulate Mr. SHAW. Mr. Speaker, I rise today to rec- word. Beverly has never been patient when Mrs. Beverly Young for her selfless service to ognize Florida Lighthouse Day 2006, which

VerDate Aug 31 2005 05:53 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A14SE8.024 E14SEPT1 ccoleman on PROD1PC71 with REMARKS E1724 CONGRESSIONAL RECORD — Extensions of Remarks September 14, 2006 will be celebrated on September 16, 2006, at with disabilities who call the Nation’s 36,000 tion’s thanks for her lifetime of contributions to Hillsboro Inlet Lighthouse which is located in assisted living and residential care facilities the people of Mountain Home and all the peo- my district. ‘‘home.’’ Every day, quality assisted living and ple of Idaho. This lighthouse was first proposed for Hills- residential providers are striving to ensure that boro Inlet in 1851, although funding did not their services are harmonious with residents’ f become available until the early 1900’s. The desires. lantern room and cupola were displayed at the I am certain that virtually each and every LAKE BARKLEY WATER LEVEL 1904 St. Louis Exposition prior to the final one of us here is cradled by the comfort of PILOT PROGRAM construction which lead to the lighthouse knowing that our grandma or grandpa, mom or being completed and lit in 1907. The light from dad, aunt or uncle, friend or neighbor is being the Fresnel lens could be seen for 25 miles. cared for by the noble workers and volunteers HON. ED WHITFIELD This was the last onshore lighthouse built in at assisted living facilities. OF KENTUCKY Florida and it remains in service today. Personally, Mr. Speaker, I am thankful for IN THE HOUSE OF REPRESENTATIVES In 1992, the rotation mechanism failed in the assisted care facility whose faithful em- the lantern and the US. Coast Guard planned ployees provide around-the-clock care for my Thursday, September 14, 2006 to retire the original Fresnel lens. This action mother, Litta. would have destroyed the historical integrity of As we celebrate the 12th annual National Mr. WHITFIELD. Mr. Speaker, I rise in sup- the lighthouse. I was pleased to work with the Assisted Living Week, I stand today with my port of legislation I introduced today to create Hillsboro Lighthouse Preservation Society, colleagues to salute the dedicated workers of a Pilot Program to extend the summer water local U.S. Coast Guard personnel and the assisted living facilities across America, and to level of Lake Barkley, KY, until after Labor Coast Guard Auxiliary to facilitate the agree- salute the 1 million seniors and people with Day. ment to restore the lens. On August 18, 2000, disabilities that call those facilities ‘‘home.’’ Barkley Dam impounds the Cumberland I was honored to speak at the re-lighting cere- f River near Grand Rivers, KY, creating Lake mony hosted by the Hillsboro Lighthouse Barkley, which was taken over by the U.S. Preservation Society. IN HONOR OF CLAIRE WETHERELL Army Corps of Engineers in 1966. In order to In 2003, the Hillsboro Lighthouse was cho- create this body of water, communities were sen to represent Florida lighthouses by the HON. C.L. ‘‘BUTCH’’ OTTER flooded in the 1960s. Today, people still talk U.S. Postal Service on their lighthouse stamp OF IDAHO about Eddyville and ‘‘Old Eddyville’’, as well series. IN THE HOUSE OF REPRESENTATIVES as Kuttawa and ‘‘Old Kuttawa’’. The ‘‘Old’’ Mr. Speaker, I also want to give special rec- areas were the portions of the cities that were Thursday, September 14, 2006 ognition today to the members of the Hillsboro left above the water after the areas were Lighthouse Preservation Society. Established Mr. OTTER. Mr. Speaker, I rise today to cel- flooded. The present day cities were created in 1997, this organization is dedicated ‘‘to pro- ebrate the contributions and character of after the lake was formed. Old foundations, mote the history of the Hillsboro Lighthouse former Idaho State Senator Claire Wetherell, streets, and highways, including U.S. High- Station and the Hillsboro Inlet area through an Idaho woman who is the very embodiment ways 68 and 62, are still visible in shallow preservation of structures and artifacts, edu- of civic virtue, community involvement and— water areas. The Illinois Central Railroad was cation and public access tours.’’ most of all—class. also relocated and can also still be seen un- I look forward to joining my friends this Sat- A municipal park named in her honor on urday as we celebrate Florida Lighthouse Day derwater from lowflying planes above. Monday, September 18, 2006, is a testament 2006. One mile above the dam is a canal con- to the admiration and affection that the people f necting Lake Barkley with Kentucky Lake, of her hometown of Mountain Home, ID, hold forming one of the greatest freshwater rec- IN HONOR OF TOM McMURRAY for Senator Wetherell. reational complexes in the country. The lakes Earlier this year, she was presented with run parallel for more than 50 miles with Land HON. JOHN SHIMKUS both the key to the city of Mountain Home and Between the Lakes recreational area located OF ILLINOIS a lifetime achievement award from the Elmore between them. This site has been used for nu- IN THE HOUSE OF REPRESENTATIVES Medical Center Auxiliary, which she served as merous fishing tournaments and other outdoor its first president in 1955. Thursday, September 14, 2006 events, which have helped to create an eco- Senator Wetherell also led the bond issue nomic boon for the Lake Barkley area. Mr. SHIMKUS. Mr. Speaker, I rise today to campaign that resulted in construction of the honor Tom McMurray of Springfield, Illinois, on original Elmore Memorial Hospital. In addition, Lake Barkley is 134 miles long with over his retlrement on September 30, 2006 as a she put her experience as a U.S. Navy nurse 1,000 miles of shoreline. The lake’s water lev- Taxpayer Advocate for the International Rev- during World War II to work as one of the first els fluctuate from summer to winter ‘‘pool lev- enue Service. He has more than 33 years of nurses at the new hospital. els’’ for flood control purposes. During the federal service and has spent a majority of It was my great privilege to serve with Sen- ‘‘summer pool’’ months, recreation and wildlife that time as an advocate for the American tax- ator Wetherell for 10 of my 14 years as Ida- thrive at the lake. However, the draw down for payers. ho’s lieutenant governor and presiding officer ‘‘winter pool’’ begins in early July and this be- Mr. McMurray has been a friend to citizens of the Idaho Senate. comes extremely dangerous for boaters as having disputes with the Internal Revenue Her 12 years in the Idaho Senate, and her tree stumps, old road beds, and other obstruc- Service, and through his work as the IRS’ 8 years on the Mountain Home City Council, tions have caused fatal boating accidents. In Taxpayer Advocate, Mr. McMurray has as- showed that no public official could have a addition, the ‘‘winter pool’’ level has become a sisted countless citizens with tax questions. I better friend than Claire Wetherell, or a more serious concern in the past few years due to congratulate Mr. McMurray, his wife Patti and determined political adversary. the prolonged siltation, which has made the their children, Traci and Scott, on his retire- It didn’t matter whether you were a Demo- lake even shallower since its creation. ment from the Internal Revenue Service’s Tax- crat or a Republican; if she liked you she This pilot program will allow us to test under payer Advocate Office. I wish Mr. McMurray would go out of her way to extend the hand normal weather conditions what an extended all the best for an enjoyable retirement. of compromise and conciliation. Yet there was summer pool lake level would mean to en- f almost nothing an opponent could do that she hanced boating safety, recreation, navigation, REMARKS IN HONOR OF THE 12TH wasn’t fully prepared to challenge. fishing, and tourism activities, while also ena- ANNUAL NATIONAL ASSISTED Senator Wetherell served the public interest bling us to gauge the economic impact of LIVING WEEK with a passion for justice and equal rights, and longer and higher water levels. I believe that she applied the same standards to herself. these new water levels will make the lake She would make her case with great intensity, safer for boaters and have a positive impact HON. JOHN KLINE but also would be the first to admit when she on the wildlife and the overall lake environ- OF MINNESOTA was mistaken. She was quick to pursue the ment. To that end, this pilot program will en- IN THE HOUSE OF REPRESENTATIVES truth, and just as quick to acknowledge those sure the safety of residents and visitors to Thursday, September 14, 2006 rare occasions when that pursuit went astray. Lake Barkley, KY, and improve recreation, Mr. KLINE. Mr. Speaker, I rise today to Senator Claire Wetherell deserves the con- navigation, and the economic vitality of the honor the 1 million senior citizens and people gratulations of Congress, and a grateful Na- lake’s region.

VerDate Aug 31 2005 05:53 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A14SE8.028 E14SEPT1 ccoleman on PROD1PC71 with REMARKS September 14, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1725 COMMENDING THE TOURETTE importance of establishing a national memorial ing St. Bernard and Plaquemine parishes, that SYNDROME ASSOCIATION at the World Trade Center site to commemo- ‘‘people are paying attention to them,’’ and it rate and mourn the events of February 26, was the Federal government’s duty to ‘‘help HON. PETE SESSIONS 1993, and September 11, 2001. the good folks of this part of the world to get OF TEXAS I was also absent on Wednesday, Sep- back on their feet.’’ A few days later, the President stood in IN THE HOUSE OF REPRESENTATIVES tember 13, 2006, due to unavoidable cir- cumstances in my congressional district. Had Jackson Square, New Orleans, and made a Thursday, September 14, 2006 I been present, I would have voted: ‘‘no’’, on commitment to rebuild Gulf Coast communities Mr. SESSIONS. Mr. Speaker, I rise today to H. Res. 996—Ordering the Previous Question; ‘‘better and stronger than before the storm.’’ commend the national Tourette Syndrome As- ‘‘no’’, to H.R. 4893—to amend section 20 of Recognizing the importance of flood protec- sociation for their hard work to have Tourette the Indian Gaming Regulatory Act to restrict tion of the Gulf Coast communities, the Presi- Syndrome listed as a disability under the Indi- off-reservation gaming and ‘‘yea’’, to H. Res. dent assured its citizens that the ‘‘Corps of viduals with Disabilities Education Act. 994—expressing the sense of the House of Engineers will work at [the side of state and On August 4, 2006 Margaret Spellings, the Representatives on the fifth anniversary of the local officials] to make the flood protection Secretary of the Department of Education, an- terrorist attacks launched against the United system stronger than it has ever been before.’’ nounced the final regulations enforcing Part B States on September 11, 2001. Unfortunately, in the time that has elapsed since the President proclaimed these words of the Individuals with Disabilities Education f Act which now lists Tourette Syndrome in the from the heart of New Orleans, the administra- category of ‘‘Other Health Impaired.’’ This new PERSONAL EXPLANATION tion’s commitment to the Gulf Coast commu- classification means that students with nities has wavered, and his pledge to rebuild Tourette Syndrome will no longer find them- HON. SAM JOHNSON all of the affected communities ‘‘better and stronger than before the storm’’ has fallen by selves in limbo—knowing that they are legally OF TEXAS the wayside—promises that have fallen victim entitled to receive the necessary educational IN THE HOUSE OF REPRESENTATIVES to politics, and a renewed interest in fiscal accommodations but unable to point to spe- Thursday, September 14, 2006 cific language in the law that would protect conservatism. While the administration may waiver in its their rights. Mr. SAM JOHNSON of Texas. Mr. Speaker, commitment to help the families affected by For years, many students with Tourette Syn- I missed votes on H.J. Res. 88, H.R. 2808, H. Hurricane Katrina, I support this motion to in- drome who sought accommodations were la- Res. 605, H. Res. 875 and H. Res. 981. Had struct the conferees to renew Congressional beled as having behavioral or emotional prob- I been present, I would have voted for each of commitment to adequately protect the entire lems and not a neurological disorder. This in- these measures. I also missed votes on H.R. 503 and the Gulf Coast region. correct designation sometimes placed stu- Mr. Speaker, I find it ironic that this adminis- Edwards motion to instruct conferees on H.R. dents with Tourette Syndrome into classrooms tration, which has gone on the offensive criti- 5122. Had I been present, I would have voted with behaviorally or emotionally disturbed chil- cizing any individual who would question U.S. against these measures. dren. By including Tourette Syndrome in the policy in Iraq as ‘‘cutting and running’’ would In addition, there was a vote on a motion to law, the Department of Education is sending a feel comfortable walking away from the plight close portions of the defense authorization clear message to schools across the country of its own citizenry in the wake of Hurricane conference to the press and public when mat- that Tourette Syndrome is a neurological dis- Katrina. order. The category is no longer a subject of ters of national security are under consider- On Monday night, marking the fifth anniver- debate and one more hurdle has been cleared ation. Had I been present, I would have voted sary of the September 11th attacks, President for students with Tourette Syndrome. for this. Bush, speaking of Iraq, proclaimed to the The Tourette Syndrome Association and its f American people that ‘‘We would not leave members have been steadfast in working with APPOINTMENT OF CONFEREES ON until the work is done.’’ However, it would ap- Members of Congress and officials from the H.R. 2864, WATER RESOURCES DE- pear that the message to the residents of in U.S. Department of Education for this designa- VELOPMENT ACT OF 2005 many Gulf coast communities is that the U.S. tion in ‘‘Other Health Impaired.’’ Over the government will leave before the work has years, they have held hundreds of meetings SPEECH OF even commenced—and you may be on your with many of my colleagues in this body and own in rebuilding your lives. have sent us thousands of letters explaining HON. JAMES L. OBERSTAR That is unconscionable. the necessity and value of having Tourette OF MINNESOTA Mr. Speaker, one of the lessons learned Syndrome listed in the Individuals with Disabil- IN THE HOUSE OF REPRESENTATIVES from experiences of Hurricane Katrina is the ities Education Act. This victory for the Wednesday, September 13, 2006 importance of well designed, and properly Tourette Syndrome Association and its mem- maintained flood control structures in pro- bers has been long overdue. Mr. OBERSTAR. Mr. Speaker, I rise to sup- tecting lives and livelihoods in the coastal Mr. Speaker, in closing I would personally port this motion, offered by the gentleman areas of Louisiana and Mississippi. These like to thank my friend Jeremy Scott, the from Louisiana (Mr. MELANCON), to instruct the structures literally define the areas considered Tourette Syndrome Association’s Director of House conferees to support the maximum safe for homes and businesses to locate, and Public Policy, for his dedication and leadership level of hurricane and storm damage protec- without which, communities, such as the City to ensuring that Tourette Syndrome be added tion for the communities of coastal Louisiana of New Orleans, could not exist. to the Individuals with Disabilities Education and Mississippi. While Hurricane Katrina did not destroy all Act. This accomplishment will positively impact Two weeks ago, this nation honored the 1 of the more than 350 miles of flood control the educational experiences of hundreds of year anniversary of Hurricane Katrina, and the structures protecting southeast Louisiana, it thousands of children with Tourette Syndrome. devastating impact this storm had on the Gulf did expose the weaknesses in a system vital f Coast communities. Over the past year, we to the more than one million residents of the have had the ability to reflect on the lives and region. Katrina was also a stark reminder of PERSONAL EXPLANATION livelihoods that were forever changed by Hurri- the importance of proper planning, construc- cane Katrina, as well as on efforts to restore tion, and maintenance of flood protection HON. MAJOR R. OWENS some sense of normalcy to the families and projects, because these projects literally pro- OF NEW YORK communities impacted by the storm. Few na- tect the lives of families living behind these IN THE HOUSE OF REPRESENTATIVES tional efforts have been more important than structures. those to rebuild the City of New Orleans, and Mr. Speaker, this motion to instruct the con- Thursday, September 14, 2006 the surrounding communities of Louisiana, ferees on H.R. 2864, the Water Resources Mr. OWENS. Mr. Speaker, I was absent on Mississippi, and Alabama. Development Act of 2005, is important for two Tuesday, September 12, 2006, due to the pri- Not surprisingly, in the days immediately fol- reasons. mary election in my Congressional District. lowing Katrina’s devastation, the Federal gov- First, it renews the commitment of Congress Had I been present, I would have voted: ernment spoke with one voice to support the to provide the maximum level of flood protec- ‘‘yea’’, to H.R. 5428—Joshua A. Terando rebuilding of Gulf Coast communities. tion for areas impacted by Hurricane Katrina Princeton Post Office Building Designation Act President Bush assured the residents of to help its citizens restore their lives and liveli- and ‘‘yea’’, to H. Res. 175—Recognizing the New Orleans and the outlying parishes, includ- hoods. Without adequate flood protection,

VerDate Aug 31 2005 05:53 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A14SE8.033 E14SEPT1 ccoleman on PROD1PC71 with REMARKS E1726 CONGRESSIONAL RECORD — Extensions of Remarks September 14, 2006 many citizens of the Gulf Coast simply cannot GROUNDBREAKING CELEBRATION wiser, wittier, and ever more welcome on the start the process of trying to rebuild their lives, FOR THE GEORGE P. PITKIN, MD public stage. because, without protection against flood and EMERGENCY CARE CENTER AT For me, and many women in and out of pol- storm surge, they may be unable to obtain af- HOLY NAME HOSPITAL IN TEA- itics, Ann Richards was a role model and a fordable flood insurance, mortgages, or other NECK, NEW JERSEY mentor. She showed us by example that a woman could succeed in what appeared to be financial arrangements necessary to begin the HON. STEVEN R. ROTHMAN a man’s world. For those of us who share her process of rebuilding. commitment to education, equal opportunity, OF NEW JERSEY This fact is especially true for the residents social justice and the rule of law, she carved IN THE HOUSE OF REPRESENTATIVES of St. Bernard Parish, which I inspected on a path for us to follow . . . and left big shoes foot this past April, and Lower Plaquemines Thursday, September 14, 2006 (and boots) for us to fill. Parish, Louisiana—the communities that bore Mr. ROTHMAN. Mr. Speaker, I rise today to When I was first running for Congress in the initial force of Hurricane Katrina. In applaud the groundbreaking for the new 1998, and then during my re-election cam- paign in 2000, Governor Richards made time Plaquemines Parish, close to one-half of all George P. Pitkin, MD Emergency Care Center in her schedule to come to Madison, Wis- residents experienced some flooding or struc- at Holy Name Hospital in Teaneck, New Jer- sey. consin on my behalf. Her support was invalu- tural damage to their homes, and in St. Ber- able. In her inimitable Texas twang, she knew nard Parish and the Lower 9th Ward, this Holy Name Hospital was founded in 1925 by the Sisters of St. Joseph of Peace. To as- how to rally a crowd, work a room, and deliver number is close to 100 percent of homes. sist the sick and indigent of Bergen County, a message better than any politician, male or It is inconceivable that this administration New Jersey, Dr. George Pitkin and Dr. Frank female, I’ve ever seen. To a young woman would walk away from communities that expe- McCormack worked with Mother General Ag- coming into the national political arena, her rienced such a traumatic devastation, espe- atha Brown of the Sisters of St. Joseph of wisdom and warmth were a priceless gift for cially after reassuring citizens that the govern- Peace to purchase a suitable hospital site to which I will always be grateful. I shall miss her incredibly and emphatically. ment would help rebuild their communities provide administrative and nursing care. In Today, I remember Ann Richards in my heart ‘‘better and stronger than before the storm,’’ 1925, Holy Name Hospital opened with 115 and in these words. But I know she would pre- We, in Congress, need to stand with one beds. Today, Dr. George Pitkin’s far-reaching vi- fer all of us to remember her in future deeds voice in support of rebuilding all of the com- . . . deeds that push and prod us to be better munities affected by this storm. sion is realized in an institution known locally, statewide and nationally for health care excel- people and better citizens. The second reason for supporting this mo- lence, dedicated and skilled nursing care, and I send heartfelt condolences to Governor tion is that it draws attention to the fact that cutting-edge technological advances. Each Richards’ family and sincere thanks for shar- hurricanes are more than just high wind year more than 17,000 inpatients, 44,000 ing this remarkable woman with us. events, but also carry the threat of massive Emergency Department patients, and 18,000 f storm surges. It is these ‘‘walls of water’’ that outpatients receive state-of-the-art diagnostic, TRIBUTE TO MR. JOSE ‘‘PEPE’’ L. caused the greatest extent of the damage treatment, and health management services in GONZALEZ from Hurricane Katrina. cancer care, cardiovascular services, dialysis Those most affected by the hurricane are treatment, women’s health care and neurology HON. HENRY CUELLAR well aware of the impact of storm surges, and services. OF TEXAS The new George P. Pitkin, MD Emergency the headaches that have ensued in the after- IN THE HOUSE OF REPRESENTATIVES Care Center at Holy Name Hospital will fea- math trying to rebuild these communities. I Thursday, September 14, 2006 ture 21,000 square feet of space, 41 patient have heard numerous stories of the difficulty treatment rooms, patient- and family-friendly Mr. CUELLAR. Mr. Speaker, I rise today to in convincing insurance companies that hurri- facilities, leading-edge trauma procedure honor Mr. Jose ‘‘Pepe’’ L. Gonzalez who re- cane damage can take the form both of wind rooms, contiguous radiology and laboratory cently passed away on September 8, 2006, at damage and flooding damage. Any Member of services. 82 years of age. He will be forever remem- Congress that has visited this region has My congratulations and very best wishes to bered for his passion for higher education for heard that insurance companies are balking at the President and CEO, Michael Maron, and our youth and his commitment to public serv- settling claims for water damage, arguing that Board of Directors at Holy Name Hospital, and ice. these damages are not covered by storm poli- to all of their health care professionals and as- Mr. Gonzalez was born in the City of Laredo cies, because they are not wind damage. sociates as the outstanding new George P. on June 16, 1924 and left the city to serve in Pitkin, MD Emergency Care Center is dedi- World War II with the U.S. Army Air Force in However, a storm surge is the direct result cated. the Aleutian Islands, and later served with the of wind-driven water. As Hurricane Katrina f United States Naval Reserve as a Lieutenant moved into the Gulf of Mexico, it pushed water in Laredo. He then attended the University of in front of the storm, and caused the sea to HONORING GOVERNOR ANN Notre Dame and graduated with a Bachelor of rise by as much as 25 feet in areas of coastal RICHARDS Science degree in Civil Engineering in 1950, Mississippi. But for the hurricane, there would followed by a Master of Public Health degree have been no storm surge. HON. TAMMY BALDWIN from Johns Hopkins University in 1964. Thus began his legacy of providing health As we move forward with efforts to protect OF WISCONSIN IN THE HOUSE OF REPRESENTATIVES care services to the citizens of Laredo by de- communities along the Gulf Coast, we must veloping the Laredo-Webb County Health De- be mindful of the impact both from a hurri- Thursday, September 14, 2006 partment, often cited for its achievements in cane’s winds, but also of the impact that such Ms. BALDWIN. Mr. Speaker, it is with a disease control, health promotion and chronic massive storms can cause from wind-driven deep sense of loss that I rise today in tribute disease prevention, and innovative programs waters. In authorizing new or restored flood to Governor Ann Richards of Texas whose in environmental health. He will be forever re- protection projects to protect the communities death leaves a void in the national scene and membered for his work in promoting environ- of the Gulf region, the Corps must ensure that in the lives of all of us who knew and admired mental health through his collaboration with projects are designed and constructed to pro- her. organizations such as the Pan-American tect against both the dangers of hurricane Governor Richards was a woman of tremen- Health Organization, the Centers for Disease force winds, but also the threat of massive dous achievement and her professional ac- Control, the U.S.-Mexico Border Health Asso- storm-driven waters resulting from these complishments are well-documented: teacher, ciation, the Texas Health Advisory Committee, storms. state treasurer, governor, chair of a national and the Henry J. Kaiser Foundation. The last political convention. She was also a loving project he was involved in was the Rio Bravo Mr. Speaker, I urge my colleagues to sup- mother, a loyal friend, and a strong woman Foundation, which aims to improve the health port this motion to instruct, and to renew the who bravely faced all adversaries, both polit- of residents along the border region along with Congressional commitment to restore the lives ical and personal. Whether confronting the de- the ‘‘Nuestra Gente’’ project which focused on and livelihoods of all residents impacted by mons of illness or the disappointment of polit- improving living standards for the colonias Hurricane Katrina. ical defeat, she emerged from each struggle along the border.

VerDate Aug 31 2005 05:53 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A14SE8.037 E14SEPT1 ccoleman on PROD1PC71 with REMARKS September 14, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1727 In addition to his public service, he was tronaut Daniel Tani represents the next gen- seventh in the Midwest for its international stu- dedicated to his Roman Catholic faith as a eration of Japanese Americans in space, fol- dent population. Papal Knight of the Equestrian Order of the lowing the tradition of Astronaut Ellison Although the University has many out- Holy Sepulchre and as a parishioner of Onizuka, who tragically lost his life on the standing academic programs, I have been par- Blessed Sacrament Church in Laredo. Mr. same mission as teacher Christa McAuliffe in ticularly impressed with Lincoln University’s Gonzalez was also a large part of community 1986. Astronaut Tani flew the 2001 Endeavour Cooperative Extension and Research pro- events such as the famous Washington Birth- mission. He is a shining example of the grams, which provide valuable outreach to day Celebrations Associations and established boundless possibilities of the immigrant experi- under served populations. I am also very the bridge ceremony that is one of the hall- ence. His family has roots in J-town. proud of the University’s ROTC programs, marks of the Washington Birthday Celebration. The road was not always easy: in fact, Jap- which train tomorrow’s military leaders and Mr. Gonzalez was also a proud alumnus of anese Americans often persevered under continue Lincoln University’s military heritage. the University of Notre Dame and dedicated great hardship to overcome prejudice. In its I look forward to participating in the Blue Tiger his life to the University by being the Notre 100 years in San Francisco’s Western Addi- Battalion’s Veterans’ Day commemorations Dame recruiter of South Texas, passionately tion, the community suffered segregation in this November, just as I have done for more recruiting young scholars for the past 21 years local schools, a racially motivated exclusionist years than I can remember. Lincoln also hosts to attend Notre Dame in addition to being on immigration policy, and a shrinking community an outstanding public radio station, KJLU–FM. the Hispanic Board of Alumni for 15 years. with each redevelopment. During World War In April 2006, KJLU was named the Black Col- Mr. Gonzalez was preceded in death by his II, eligible Nisei men volunteered for military lege Radio Station of the Year at the 28th An- wonderful wife, Margarita V. Gonzalez, and is duty while their families remained behind nual Black College Radio and Television Con- survived by his daughters, Alejandra G. Brady, barbed wire without due process, many of ference in Atlanta, Georgia. Gabriela G. Tawil and his grandchildren, Ryan them United States citizens. Our government Mr. Speaker, I am certain that the Members Joseph Brady, Joseph Jakob, and Elliot under the guise of war forced Japanese Amer- of the House will join me in congratulating the James Tawil. He is also survived by his broth- icans from their homes and escorted them students and staff of Lincoln University for er, Ignacio Gonzalez, brother and sister-in-law, under armed guard to internment camps their accomplishments and in wishing them Jorge and Olga Verduzco, and the rest of his throughout the United States. Most of the San the best as we celebrate National Historically family. He has left behind a remarkable leg- Francisco Japantown community was interned Black Colleges and Universities Week. acy, and without that legacy, the City of La- in Topaz, Utah. It took three generations until f redo has suffered a sad loss in one of its redress was made in the form of monetary greatest members of the community. reparations and our government’s apology, EXTENDING THANKS TO DEFENSE Mr. Speaker, I am honored to have had this though no amount of compensation or apology POW/MISSIONG PERSONEL OF- time to recognize the legacy of Mr. Jose could ever adequately replace or repair what FICE FOR EFFORCTS TO ‘‘Pepe’’ L. Gonzalez. Japanese Americans lost. The lessons that we ACHIEVE ACCOUNTING OF ALL AMERICANS UNACCOUNTED FOR f learned during the internment should serve as a reminder of how we must continue to fight AS A RESULT OF THE VIETNAM THE ANNIVERSARY OF SAN for our freedoms today. Protecting civil lib- WAR FRANCISCO’S JAPANTOWN erties must be a constant priority of our gov- SPEECH OF ernment. HON. NANCY PELOSI As San Francisco’s Representative in Con- HON. G.K. BUTTERFIELD OF CALIFORNIA gress, and House Democratic Leader, I am OF NORTH CAROLINA IN THE HOUSE OF REPRESENTATIVES grateful that I can count on the steadfast IN THE HOUSE OF REPRESENTATIVES strength of our San Francisco Japantown Thursday, September 14, 2006 Wednesday, September 13, 2006 community and its extraordinary leaders, too Ms. PELOSI. Mr. Speaker, I rise today to many to name individually. Mr. BUTTERFIELD. Mr. Speaker, I was pay tribute to our San Francisco Japantown Congratulations Japantown for more than pleased to learn of the recovery of one of our and celebrate with them on their 100th anni- 100 years in San Francisco. Nation’s fighting women who had been miss- versary as a community. Affectionately called f ing in Kyrgyzstan for more than 3 days. After J-town, San Francisco Japantown is the oldest being kidnapped, Maj. Metzger spent 80 hours and joins San Jose and Los Angeles as the RECOGNIZING LINCOLN UNIVER- in captivity before escaping her abductors. Her only remaining Japantowns in the continental SITY OF MISSOURI DURING NA- resilience is remarkable and her resolve United States. A century ago, there were more TIONAL HISTORICALLY BLACK serves as another example of the superior than 50 in California, Washington, Oregon, COLLEGES AND UNIVERSITIES character of the men and women of our Air Idaho, and Utah. Japantown is more than just WEEK Force and our other Armed Services. a physical location where Japanese people I am most pleased to hear of her safe re- migrated after the Great San Francisco Earth- HON. IKE SKELTON turn. I wish the very best for the Metzger fam- quake of 1906, a distinctive area where Japa- OF MISSOURI ily, and continue to pray for the safe return of nese culture is on display, or a tourist destina- IN THE HOUSE OF REPRESENTATIVES Sergeant Keith ‘‘Matt’’ Maupin, United States tion. Japantown represents more than 100 Army Reserves, who has been missing since Thursday, September 14, 2006 years of a unique immigrant experience, which April of 2004. started with the arrival of the first generation— Mr. SKELTON. Mr. Speaker, I’m pleased to f the Issei. join my colleagues today in recognition of Na- Prior to 1906, Japanese immigrants gravi- tional Historically Black Colleges and Univer- TRIBUTE TO SERGEANT tated to ethnic enclaves where rents were af- sities Week. NATHANIEL ‘‘BRAD’’ LINDSEY fordable and they felt accepted. The arrival of Missouri’s Fourth Congressional District is picture brides through Angel Island Immigra- the home of Lincoln University, located in Jef- HON. DARLENE HOOLEY tion Station in San Francisco Bay after 1906, ferson City, Missouri. Yesterday, I was fortu- OF OREGON many of them meeting their future husbands nate to have the opportunity to meet with Dr. IN THE HOUSE OF REPRESENTATIVES for the first time, was the genesis of the sec- Carolyn Mahoney, the President of Lincoln ond generation—the Nisei. The 100 years in- University, during her visit to Washington, DC. Thursday, September 14, 2006 cluded the emergence of the activist third gen- Like all HBCUs, Lincoln University has a Ms. HOOLEY. Mr. Speaker, I rise today to eration the Sansei—who are now ‘‘baby proud history. The school was founded in honor a fallen hero. Sergeant Nathaniel boomers’’ and the parents and grandparents 1966 by soldiers of the 62nd and 65th Colored ‘‘Brad’’ Lindsey was a family man, a fellow Or- of the fourth and fifth generations—the Yonsei Infantries who established Lincoln Institute for egonian, and a proud American. He under- and Gosei. African Americans interested in continuing stood the actions that needed to be taken so As the younger generation makes their mark their education. Today, Lincoln University has that his countrymen could continue to enjoy on our global society, I hope they will recog- the most diverse population of colleges and the blessings of freedom. nize the critical role of family and community universities in the state of Missouri. U.S. News Last Saturday, Brad made his final sacrifice in their successes. I was recently made aware and World Report ranks Lincoln University as on behalf of a grateful nation while on patrol of an example of what is possible. NASA As- fourth in the Midwest for campus diversity and in the Zabul province of Afghanistan.

VerDate Aug 31 2005 05:53 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A14SE8.041 E14SEPT1 ccoleman on PROD1PC71 with REMARKS E1728 CONGRESSIONAL RECORD — Extensions of Remarks September 14, 2006 Three days ago Americans gathered to should students be expected to repay these unmanageable debt loads for students. Stu- mark the passing of another September 11th taxpayerfunded loans? This is an area that dents would be able to borrow what they and to honor those who perished on that hor- has received relatively little attention until re- need, up to the current Stafford limits, and rible day and in the five years since. Since cently. With students graduating with ever-in- later consolidate into IDEA loans knowing that that day we have been a nation at war. Since creasing debt loads, averaging over $18,000 their repayment amounts will be within their in- that day we have fought that war by asking this year and projected to continue to rise, stu- come levels and ability to pay. On the other men and women like Brad Lindsey to travel to dents are finding it increasingly difficult to hand, taxpayers can count on those loans points across the globe to defend our ideals, make loan payments on time and in full. being repaid as they are collected through the to protect our communities. And it is to their Unfortunately, little has been done by way IRS. This is a responsible approach to a seri- credit that these men and women have never of providing more flexible repayment options ous and growing problem for student loan bor- shied away from this request. for borrowers after graduation. Traditionally it rowers. Brad had always dreamed of joining the has been expected that the borrower will pay f military. He spent four years in the Navy be- the amortized loan over a standard period, TRIBUTE TO GEORGE HAGAN fore joining the Oregon National Guard in usually 10 years, with the same repayment 1996. Always one to volunteer for a mission, amount on day one as on the last day. How- he was dedicated to his country’s needs, ever, this model of repayment fails to take into HON. FORTNEY PETE STARK whatever they were. During his time in the Na- account that students often face periods of OF CALIFORNIA tional Guard, he spent time in Saudi Arabia, significant unemployment or underemployment IN THE HOUSE OF REPRESENTATIVES Iraq, and New Orleans before heading to Af- during the first years after leaving college. Thursday, September 14, 2006 ghanistan this past June. As of now, for the most part, the only op- Mr. STARK. Mr. Speaker, I rise today to pay It was in New Orleans that our paths tions available to borrowers are to request a tribute to George Hagan, who is retiring from crossed. I was there to see first hand the dev- period of forbearance or slip into default, his position, held since 1998, as Trial Court astation caused by Hurricane Katrina and to which is bad for both borrower and taxpayers. Administrator, Superior Court of California, talk with the Oregon National Guardsmen and We simply cannot keep providing more and County of Alameda, Fremont Hall of Justice in women who were stationed there. Brad served more money for education if graduates then Fremont, California. He has served more than as my driver during my time in Louisiana. enter the workforce saddled with payments three decades of exemplary service in the It was obvious that his devotion to his coun- they can’t afford. California judicial branch of government. Prior try was only exceeded by his devotion and While there have been some attempts to to coming to Alameda County, Mr. Hagan love for his family; his wife Joyce and his four provide more diverse repayment options, such served in court administrative positions in Im- children. I am sure that it was a source of con- as the ICLR repayment program that has been perial and Los Angeles counties. tinual pride that his oldest son had chosen to in existence for over a decade, borrowers Mr. Hagan was Clerk of the Court and Ad- follow in his footsteps and joined the Oregon have failed to adopt them, usually due to a ministrative Officer for the Fremont-Newark- National Guard. lack of information or current program limita- Union City Judicial District from 1977 through We in this chamber have an obligation to tions. The bottom line is that Congress needs 1998. During this time, the court doubled in see that Brad’s children inherit a land worthy to develop better repayment alternatives for size as the tri-city area became one of the of their father’s sacrifice. We must find the re- federal student loan borrowers, especially as major residential and commercial regions of solve necessary to do that which must be students continue to take out larger and larger the San Francisco Bay Area. Under Mr. done, as Brad did so many times. loans in coming years. I believe the IDEA Act Hagan’s administration, the court received the I join all Oregonians, and all Americans, in does just that. prestigious Ralph Kelps Award from the Judi- expressing my deepest condolences to the This legislation would allow any Stafford cial Council of California for an innovative traf- family of Brad Lindsey for their loss. Our state, loan borrower the ability to consolidate into a fic citation collections program which allowed and our nation, is greater because of Brad’s direct IDEA loan with a repayment schedule the driving public to pay their traffic fines at presence and we are lessened by his passing. that corresponds to the borrower’s income anyone of fifteen Southern Alameda County f once in repayment. This new schedule re- branches of Fremont Bank. quires regular payments; however, it ensures He is past president of the California Asso- INTRODUCTION OF THE INCOME- that such payments reflect the borrowers’ ca- ciation of Municipal Court Clerks. In this ca- DEPENDENT EDUCATION ASSIST- pacity to repay under their current income sta- pacity, Mr. Hagan worked with the California ANCE ACT OF 2006 tus. This feature would be particularly useful Legislature on several key pieces of legislation for those pursuing lower-income, public-serv- affecting the administration of the state courts. HON. THOMAS E. PETRI ice careers. It also would help relieve some of Mr. Hagan’s service to others is noteworthy. OF WISCONSIN the stress that borrowers face during periods He is past president of the Union City Lions IN THE HOUSE OF REPRESENTATIVES of unemployment or underemployment fol- Club. During his term, an entire civil defense lowing graduation. field hospital, including three ambulances, was Thursday, September 14, 2006 Another critical component of this legislation donated to three public hospitals in the Phil- Mr. PETRI. Mr. Speaker, today, I am intro- is the direct collection of payments from the ippines. For his humanitarian effort, Mr. Hagan ducing the Income-Dependent Education As- borrower through IRS withholdings. By incor- received special commendations from a host sistance (IDEA) Act of 2006. This legislation porating the IRS directly as the collection enti- of public officials in the Philippines. would provide a new consolidation option for ty, the borrower’s income is automatically cal- Mr. Hagan is actively involved in his local federal Stafford student loan borrowers with culated into the repayment system and re- community, having served as founding presi- an improved repayment schedule through di- duces the odds of fraud or abuse on the part dent of the New Haven School Foundation. rect IRS collection of payments, along with of the borrower or the collection agency. Fur- The Foundation, under his leadership, has other new protections for borrowers and tax- thermore, direct IRS collection would simplify raised thousands of dollars to insure the con- payers. the process for borrowers and reduce their pa- tinuation of sports and fine arts programs in I believe that the IDEA Act will address the perwork burden as the agency would already public schools. He is past president of the oft-overlooked side of federal student loan as- have the necessary information on file and in Washington Township Men’s Club; member of sistance: repayment. For over four decades, place for processing the payment amounts the school board; past chairman of Mission most of the discussion regarding federal stu- and schedules. Finally, the IDEA Act stipulates Hills Christian School in Fremont and was in- dent loans has primarily focused on making that borrowers that go into default and have strumental in establishing the Union City ever-increasing amounts of money available to exhausted all relief from the loan holder would Youth Soccer League. He is a member of the students to keep up with the rising costs of automatically be consolidated into IDEA loans Lay Advisory Council for the Northern Cali- college tuition. Of course, that is critically im- in order to help them get their payments back fornia Conference Seventh-Day Adventist portant, and I was pleased to support the Def- on track and avoid costly defaults. Thus the Church and was a leader in the establishment icit Reduction Act earlier this year which taxpayers’ investment will be protected from of the Veterans Memorial Park in Fremont. raised loan limits and increased loan options the damaging effects of borrower default, A retirement dinner is planned for Mr. for graduate students. which currently affects 4.5 percent of federal Hagan on September 22, 2006. I join his col- However, providing students with larger student loans each year. leagues in thanking him for his service to the loans to attend college leads to another, more Mr. Speaker, the IDEA Act of 2006 is an in- courts and his community and wish him well complex challenge after graduation. How novative solution to the growing problem of on his retirement.

VerDate Aug 31 2005 05:53 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A14SE8.047 E14SEPT1 ccoleman on PROD1PC71 with REMARKS September 14, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1729 FREEDOM FOR JOSE´ MANUEL the 50th Anniversary of Holy Virgin Mary and unifying, and I regret that the debate in the CARABALLO BRAVO Shoghagat Armenian Church located in Swan- House could not have risen above the political sea, Illinois. fray for just one day. HON. LINCOLN DIAZ-BALART The Church has historically been an integral OF FLORIDA part of the Armenian community. Armenia was f IN THE HOUSE OF REPRESENTATIVES the first country to adopt Christianity as its offi- cial religion in 301 A.D. So it was natural that HONORING 9/11 Thursday, September 14, 2006 the Independent Club, an organization of Ar- Mr. LINCOLN DIAZ-BALART of Florida. Mr. menian Americans, would seek to start a Speaker, I rise today to speak about Jose´ church for their community in 1956. HON. MICHAEL T. McCAUL Manuel Caraballo Bravo, a political prisoner in The new Church, then named Holy OF TEXAS totalitarian Cuba. Shoghagat Armenian Church, began in a Mr. Caraballo Bravo is an independent jour- small white structure at 13th and Summit Ave- IN THE HOUSE OF REPRESENTATIVES nalist in totalitarian Cuba and has been a nue in East St. Louis, Illinois. A neighboring Thursday, September 14, 2006 chronicler of truth amid the lies and deceit of parish house and additional parcel of land the tyrant’s villainous regime. Because of his were later acquired. Mr. MCCAUL of Texas. Mr. Speaker, five belief in truth in print, truth for the people of Circumstances required that the original years ago this week, our generation was de- Cuba and truth to enable the world to better church properties be sold in the early 1970’s fined by the heroic actions of hundreds of first comprehend the daily horrors of totalitarian and for several years the congregation had to responders, brave Americans and innocent Cuba, Mr. Caraballo Bravo was a target of the celebrate the liturgy in different local churches. victims who gave their lives on September 11, totalitarian regime. Throughout this difficult period, the parish fam- 2001. That day, 19 Al Qaeda hijackers mur- I remind my colleagues that, under Castro’s ily stayed together and finally, in 1978, the dered nearly 3,000 innocent people. Those totalitarian regime, any freedom of the press, new Church in Swansea, Illinois was con- terrorists had a simple cause: inflict the high- any effort to display the atrocities of the re- secrated. est loss of life and the most damage they On the occasion of their 50th Anniversary, gime under the spotlight of truth, is met with could to our Nation. They may have suc- in addition to celebrating that milestone for swift and violent repression. The courageous ceeded in murdering thousands of people their local Church, the members of Holy Virgin men and women, such as Mr. Caraballo going about their daily lives, but they failed Mary and Shoghagat Armenian Church are Bravo, who write the truth are the enemies of miserably to defeat the patriotic spirit of Amer- paying tribute to their ancestors who were vic- Castro’s totalitarian dictatorship. ica and of freedom everywhere. According to Reporters Without Borders, Mr. tims of the Armenian Genocide, both those Caraballo Bravo was arrested just before the who lost their lives and those who survived. A In the days, weeks and months following the heinous crackdown of March 2003. Reporters large khatchkar, carved in Armenia, will be tragic events of September 11th, we saw the Without Borders also reports that he was sen- dedicated to honor those who suffered during patriotic spirit of every American emerge and tenced to three years in the totalitarian gulag that terrible period in history. rally in support of repair and recovery. We for ‘‘forging documents.’’ For 50 years, Holy Virgin Mary and saw a nation unified in finding the perpetrators Let me be very clear, Mr. Caraballo Bravo Shoghagat Armenian Church has served, not of these crimes and bringing them to justice, is currently languishing in the depraved condi- only as a place of worship, but as a unifying and we saw the free world awakened to the tions of the totalitarian gulag for his truthful ar- religious center for the local Armenian commu- possibility of terrorist attacks anywhere and at ticles. The U.S. State Department describes nity. Though their numbers may be small, their any time. Simply, 9/11 changed our Nation the conditions in the gulag as, ‘‘harsh and life dedication to their Church and their culture re- and the world forever. threatening.’’ The State Department also re- mains strong. Not only did these terrorists steal the lives Mr. Speaker, I ask my colleagues to join me ports that police and prison officials beat, ne- of thousands, but they opened our eyes to our glect, isolate, and deny medical treatment to in honoring the 50th Anniversary of Holy Virgin Mary and Shoghagat Armenian Church and to false sense of security. Like someone who detainees and prisoners. It is a crime of the has been robbed at home by a vicious crimi- highest order that people are imprisoned in wish the best to them for many years to come. f nal, we must now lock our doors and windows these nightmarish conditions simply for report- at all times to make sure that those who mean ing the facts. PROVIDING FOR CONSIDERATION us harm are not allowed to break in. Mr. Caraballo Bravo is a brilliant example of OF H. RES. 994, EXPRESSING That being said, I believe that we are safer the heroism of the Cuban people. Despite in- SENSE OF THE HOUSE OF REP- at home today than we were 5 years ago, but cessant repression, harassment, incarceration RESENTATIVES ON FIFTH ANNI- we are still not safe. Our borders are more se- and abuse, he remains committed to the con- VERSARY OF TERRORIST AT- cure, our intelligence services are more robust viction that freedom of the press and democ- TACKS LAUNCHED AGAINST THE and now work closely together, and our armed racy are inalienable rights of the Cuban peo- UNITED STATES ON SEPTEMBER services have routed out the terrorists in their ple. Let us never forget and always support 11, 2002 those who are struggling to liberate peoples homes and brought them to justice. But we from the grip of tyranny. SPEECH OF are still at war. We cannot afford to stand idly Mr. Speaker, it is as inconceivable as it is HON. MELISSA L. BEAN by while terrorists operate in this or any coun- unacceptable that, while the world stands by OF ILLINOIS try around the world, because we cannot af- in silence and acquiescence, independent IN THE HOUSE OF REPRESENTATIVES ford another 9/11. Never again can this hap- pen. We owe to the American people who de- journalists who write the truth about totalitarian Wednesday, September 13, 2006 regimes are systematically tortured. In the pend on us to provide a safe and secure 21st Century, it must no longer be acceptable Ms. BEAN. Mr. Speaker, every one of us in homeland, and we owe to it the hundreds of for anyone in the world, anywhere in the this chamber mourns the murder of the nearly thousands of Americans who throughout his- world, to be locked in a gulag for writing the 3,000 innocent people on September 11th. We tory have died defending the democracy and truth. My Colleagues, we must demand the all want to take the fight to the terrorists and freedom we enjoy today. Most of all we owe immediate and unconditional release of Jose´ protect America from those bent on harming it to the thousands of innocent victims who Manuel Caraballo Bravo. us. Each of us wants to commemorate the died 5 years ago. f deaths of the innocent and reaffirm our creed to never forget with an honest, humble, non- We have been battling terrorism for a long HONORING THE 50TH ANNIVER- partisan Resolution. time, but September 11th was the day our en- SARY OF THE HOLY VIRGIN We have shared goals, and we can come emies woke the sleeping giant. Since then, we MARY AND SHOGHAGAT ARME- together and write a Resolution we can all have seen success in the Global War on Ter- NIAN CHURCH support and of which the American people can ror and captured some of the world’s most be proud. dangerous terrorists. We have also made HON. JERRY F. COSTELLO I am saddened today that partisan politics great strides to cripple the organizations and countries that support them. However, we are OF ILLINOIS have entered into the debate of this Resolu- still faced with an evil enemy who is supported IN THE HOUSE OF REPRESENTATIVES tion today, and that language was deliberately used in this Resolution which is divisive and by a rogue nation that’s determined to develop Thursday, September 14, 2006 unnecessary. nuclear weapons and use them on their en- Mr. COSTELLO. Mr. Speaker, I rise today to Mr. Speaker, I will vote for this Resolution, emies. Allowing a nation like Iran, who spon- ask my colleagues to join me in recognizing but I regret that it could not have been more sors terrorist organizations like Hezbollah, to

VerDate Aug 31 2005 05:53 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A14SE8.051 E14SEPT1 ccoleman on PROD1PC71 with REMARKS E1730 CONGRESSIONAL RECORD — Extensions of Remarks September 14, 2006 possess nuclear weapons would be a dis- ing the main building’s exterior and interior— Awareness Day, taking place on September honor to those who died on 9/11 and an insult including a unique WPA-era mural—this 20, 2006, I would like to recognize the many to those who continue to defend America’s project included two new, seismically sound occupational therapists (OT) and occupational freedom. structures to house a library and a two-story therapy assistants (OTA) that live and work in We promised to help make the world a safer classroom building. my district. Each September, members of the place, free from the threat of terrorism at the The new library will accommodate 25,000 American Occupational Therapy Association hands of mad men. Keeping that promise volumes and provides much-needed storage (AOTA), students, and other health profes- means preventing terrorists and their sup- space for textbooks. It also includes a state-of- sionals join forces to alert the public, particu- porters from getting weapons of mass destruc- the-art computer lab. The treasured work larly teachers, parents, and children about the tion. Let’s remember those who gave their areas where thousands of students through dangers of improperly wearing overweight lives on 9/11 by keeping our promise. the years have hit the books in the old library backpacks. When we remember the events of 9/11, we are replicated in this modern version. Occupational therapists are health, remember not as Republicans or Democrats, The new, two-story classroom structure re- wellness, and rehabilitation professionals, but as Americans. We must remember the po- places an antiquated music building. It now dedicated to maximizing the independence, lice officers and firefighters that responded to not only accommodates the renowned Bur- function and performance of their clients. In the attacks on the W orId Trade Center and lingame High School music program, but also other words, they provide them with the ‘‘skills the Pentagon who went in to save lives, but seven large science labs, special education for the job of living’’. Concerned that increas- gave their lives in the process. We remember classrooms and nine classrooms designed ingly heavy backpacks may be putting school the first responders from every corner of our specifically for math instruction. children at risk for long-term health problems, nation who came to ground zero in the days Mr. Speaker, the taxpayers of San Mateo AOTA is sponsoring its fifth National School after to lend their strength, skills and support. County made a crucial investment in their chil- Backpack Awareness Day. Thousands of oc- And we must remember the innocent people— dren’s education by approving that bond cupational therapists and occupational therapy measure 6 years ago. I urge all of my col- the husbands and wives, the parents and chil- assistants work in school systems, pediatric leagues to join me in celebrating Burlingame dren and the entire families who were torn hospitals, and other health care facilities, in High School’s wonderful renovation, which will apart the day the towers fell. order to help children develop the skills they ensure that future generations continue to re- We must always remember. That is our duty need to participate fully at school, home, and ceive an excellent education at this historic in- as Americans—that is our charge as patriots. in play. stitution. f The goal of the National School Backpack f Awareness Day is to reduce the load students BURLINGAME HIGH SCHOOL, 83 FREDERICK MENNONITE carry to 15 percent or less of the child’s YEARS YOUNG AND BETTER COMMUNITY 110TH ANNIVERSARY weight. More than 350 participants in schools, THAN EVER stores, and health fairs from all 50 states will HON. JIM GERLACH help ‘‘weigh-in’’ thousands of children to en- HON. TOM LANTOS OF PENNSYLVANIA sure their backpacks meet the 15 percent OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES weight goal. They will also help educate stu- IN THE HOUSE OF REPRESENTATIVES dents about the risks of carrying too much Thursday, September 14, 2006 Thursday, September 14, 2006 weight, and will teach them the proper way to Mr. GERLACH. Mr. Speaker, I rise today to pack and wear a backpack. As part of the Na- Mr. LANTOS. Mr. Speaker, in November honor Frederick Mennonite Community, an el- tional Backpack Awareness Day, therapists at 2000 the voters of San Mateo County in Cali- derly continuing care community, on its 110th the General Greene Elementary School in fornia, many of whom are my constituents, anniversary. Greensboro, NC will educate students and made a wise decision to approve a general This community has been providing out- teachers about the importance of loading and bond measure that would fund the renovation standing service to its more than 300 resi- wearing backpacks the right way in order to of the six local high schools. The fruits of this dents on eighty acres in western Montgomery avoid back and shoulder pain, stooped pos- investment will proudly be displayed on Sep- County, Pennsylvania. This bucolic setting is ture, muscle pain, and headaches. tember 16, 2006 when the newly-remodeled large enough to accommodate a wide variety I am particularly aware of the role occupa- Burlingame High School is officially opened of lifestyles, yet small enough to maintain a tional therapists play within our public schools with a ribbon-cutting ceremony. sense of community. Residents have the op- as one of the members of my staff previously Burlingame High was built in 1923 as a tion to live in independent living cottages, worked as a school system occupational ther- northern addition to the fast-growing San apartments, assisted living, and nursing care apist. OTs use their unique expertise to help Mateo High School. Originally named ‘‘San facilities. The organization’s goal is to offer children perform important learning and Mateo High School—Burlingame Branch,’’ it housing and support options for every indi- school-related activities that are part of their quickly came into its own, and 4 years later vidual preference and need. Frederick Men- role as a student. Additionally, occupational nonite Community strives to promote and en- Burlingame High gained its own identity. That therapists and occupational therapy assistants courage every individual to live life to their full- year, many longstanding BHS traditions were play a critical role in training parents, staff, est. born, including the Little-Big Game with San and caregivers regarding the education, Mateo High, the adoption of the school col- Mr. Speaker, I ask that my colleagues join me today in honoring Frederick Mennonite health, and success of students with diverse ors—red and white—and the establishment of learning needs. the student newspaper, the Burlingame B, with Community on its 110th anniversary. I hope that this community is able to continue to live Please join me in support of all the occupa- its extraordinary motto, ‘‘Not the Biggest, but tional therapists, occupational therapy assist- the Best.’’ out its mission statement: ‘‘In the spirit of Christian love, Frederick Mennonite Commu- ants, school children, and other participants Since its inception 83 years ago, Bur- whose efforts will make the 2006 National lingame’s enrollment has swelled from 350 to nity cares for and enriches the lives of older adults, while valuing the staff, volunteers and School Backpack Awareness Day such a suc- more than 1350 students and its teaching cess. corps has doubled. Recognized for its aca- community that serves them.’’ f demic excellence as a California Distinguished f School, Burlingame has also been ranked in RECOGNIZING THE WORK OF OCCU- HONORING REVEREND WAITSTILL the top 1.5 percent of high schools in America PATIONAL THERAPISTS ON NA- SHARP AND MARTHA SHARP, by Newsweek magazine. The students and TIONAL BACKPACK AWARENESS AMERICAN HEROES OF THE HOL- their families deserve great credit, but it is also DAY OCAUST thanks to the efforts of a dedicated faculty and administration that, on average, 97 percent of HON. BRAD MILLER HON. TOM LANTOS the school’s graduates attend college. OF NORTH CAROLINA OF CALIFORNIA Mr. Speaker, the modernization efforts being IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES recognized at the ribbon-cutting ceremony have preserved the original building’s histori- Thursday, September 14, 2006 Thursday, September 14, 2006 cally significant appearance for generations of Mr. MILLER of North Carolina. Mr. Speaker, Mr. LANTOS. Mr. Speaker, I rise to pay trib- students to appreciate. In addition to maintain- in preparation for National School Backpack ute to the Reverend Waitstill Sharp and his

VerDate Aug 31 2005 05:53 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A14SE8.054 E14SEPT1 ccoleman on PROD1PC71 with REMARKS September 14, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1731 wife, Martha Sharp, who were true heroes of courageously returning to Europe to aid more to the family and the community and our sym- the Holocaust who risked their lives to save people flee the horror of the Nazi regime. pathy goes out to them. We are grateful for Jews from the atrocities of the Nazi regime. By the time the Sharps arrived in Europe, his service to our county.’’ The Sharps’ incredible story was told this the Nazis had already occupied France, but Travis was a life-long resident of Boyertown, morning at a very moving ceremony at the the Sharps were undaunted. They set up the Pennsylvania and is the son of Gail United States Holocaust Memorial Museum American Unitarian Universalist Service Com- Camperson and Lloyd Zimmerman. After where family, friends, and admirers gathered mittee in Lisbon, Portugal, from where they Travis’s graduation in June of 2005, he at- to pay tribute and remember the selfless and continued to assist many more refugees from tended basic training and then joined the laudatory actions of this amazing couple. Their war-torn Europe escape to safety. Army’s 101st Airborne unit. Travis’s unit de- story was also a powerful reminder that all of In all, the Sharps and their Unitarian col- ployed to Iraq in February 2006. us have the moral obligation to do anything leagues worked to save approximately 2,000 Scarlett Kulp, Travis’s life long friend, want- we can to end violence and genocides where men, women, and children. ed to make sure that the community did not ever and when ever they occur. Mr. Speaker, the Sharps’ courageous, sac- forget the commitment and sacrifice he made On June 13, 2006, the Yad Vashem Holo- rificial and selfless example should motivate to serve his country. Scarlett took action and caust Remembrance Authority in Israel hon- all of us to do everything we possibly can to worked with the local community to create a ored the Rev. Waitstill Sharp, and his wife, prevent the horrors of genocide taking place memorial fund to honor Pfc. Zimmerman and Martha Sharp, posthumously as ‘‘Righteous anywhere on this planet. As the only survivor other local military heroes. Local schools took Among the Nations’’ for risking their lives to of the Holocaust in Congress, I have a special Scarlett’s lead and held events such as ‘‘Hats save Jews during the Holocaust. The Sharps commitment to raising this. Off to Travis Day’’ at Colebrookdale Elemen- are only the second and third Americans to be This morning’s ceremony at the U.S. Holo- tary School, Travis’s elementary school from so honored. Varian Fry, with whom the Sharps caust Memorial Museum concluded with a visit kindergarten to sixth grade. The students and worked, was the first. to the special exhibit on Darfur, Sudan. We staff at Boyertown Jr. High West and the Sen- Our colleagues in the Senate passed a res- were reminded that when the horrors of the ior High-School held tributes and helped olution on September 8 of this year honoring Holocaust were made public, we often heard Scarlett gather funds for the memorial military the courageous service of the Sharps. My col- the phrase ‘‘Never Again!’’ But since World bear statue. league from Massachusetts, where the Sharps War II we have seen such genocidal tragedies By Memorial Day weekend, Scarlett, with once lived, and I soon will introduce similar occur in Cambodia, Rwanda, and now Darfur. the help of the community, had raised enough legislation in the House remembering the The most moving and important message money to order a six-foot military bear statue Sharps and their story and heroism. from the story of the Sharps is that they had and create the ‘‘Pfc. Travis Zimmerman Me- Mr. Speaker, the Sharps left everything be- the foresight and courage to leave their chil- morial Fund’’. This permanent fund will not hind, including their home and two young chil- dren and comfortable home behind—not just only provide for the cost of the creation and dren, to answer a call from the American Uni- once, but twice—to go to the dangerous, gray, maintenance of the memorial, but it will also tarian Association to go to Czechoslovakia in uncertain war zone of Europe to save people help area military personnel as they readjust February of 1939. The Sharps were not con- they probably did not even know. Their first to civilian life upon their return from services tent merely to feed the hordes of refugees trip was just days after kristallnacht, when the overseas. passing through Czechoslovakia; they also persecution of the Jews was just beginning to Mr. Speaker, I ask that my colleagues join began to assist anti-Nazi dissidents and Jews get more violent and ugly. Concentration me today in paying honor to a hometown to escape Nazi oppression. In the very shad- camps were not yet even a glint in the Nazis’ hero, Pfc. Travis Zimmerman, as his commu- ow of aggression, they helped thousands flee eyes. nity honors him and other service members to safety elsewhere in Europe and the United Mr. Speaker, the Sharps, and those who during the September 17, 2006 Hometown States. helped them to be able to do this, deserve the Heroes parade and ceremony. Heartiest con- One month after the Sharps’ arrival in gratitude and admiration of all of us. Each and gratulation, out to all the individuals who have Prague, Nazi forces occupied Czechoslovakia, every one of us should make every effort to helped to make this lasting memorial possible, making their work much more dangerous. The learn more about the wars and genocide oc- and our utmost gratitude and respect con- Sharps could have escaped, but they refused curring around the globe this very day, strive veyed to Travis’s family for his unflinching de- to leave the refugees helpless. Though the to have the courage of the Sharps, and act votion and sacrifice for our nation. Nazis descended upon the Unitarian mission with equal resolve to do everything each of us f in Prague, ransacking the office and throwing can do to stop these horrors. the furniture into the street, Reverend and I urge my colleagues to join me in paying A TRIBUTE TO GOVERNOR ANN Mrs. Sharp continued their mission. They tribute to this selfless and dedicated couple, RICHARDS began working out of private residences, bold- whose response to the Holocaust and to inhu- ly defying Nazi restrictions. manity and brutality is one that men and HON. EDDIE BERNICE JOHNSON The Sharps did whatever was necessary to women everywhere should emulate. OF TEXAS help Jews and opponents of the Nazi regime f IN THE HOUSE OF REPRESENTATIVES to escape Nazi-occupied Czechoslovakia, in spite of the considerable risk to their own HONORING PFC. TRAVIS CLYDE Thursday, September 14, 2006 lives. They entered and exited the border re- ZIMMERMAN Ms. EDDIE BERNICE JOHNSON of Texas. peatedly, crisscrossed Europe to obtain need- Mr. Speaker, I rise today with a heavy heart ed travel documents, even escorted some of HON. JIM GERLACH on the passing of my dear, trusted and long- their clients by train through Germany itself, all OF PENNSYLVANIA time beloved friend, the late Governor Ann the way to Great Britain. Focused on serving IN THE HOUSE OF REPRESENTATIVES Richards. I also rise to pay tribute to her many others, the Sharps ignored warning that they contributions and her sincere dedication of Thursday, September 14, 2006 were in danger from the Gestapo. public service to our great State of Texas and On August 30, 1939, six months after they Mr. GERLACH. Mr. Speaker, I rise today to to extend my deepest sympathies to her family arrived in Czechoslovakia, the Sharps con- honor an American hero, Pfc. Travis Clyde and friends everywhere who share in my sad- cluded their first mission and returned to the Zimmerman, who died on April 22, 2006 while ness. U.S. Their exit was just one day before Ge- serving his country in Iraq. I not only lost an esteemed colleague with stapo agents came to arrest Martha, who had Pfc. Zimmerman was on a combat recon- whom I could always count on for support, earned a reputation for her daring disregard of naissance operation when an improvised ex- since so often we agreed on social and polit- Nazi rules. plosive device exploded near his observation ical issues, but also a dear and trusted friend After returning home for two years, the post. This young man’s high school goal, as whom I shared many fond moments and with Sharps issued a report with the American Uni- stated in his yearbook, was to serve in the whom I shared a vision for our great State of tarian Association about the dangers faced by United States Army. Neighbors, friends, and Texas. refugees all across Europe. As a result of this former teachers have all testified that Travis Our friendship expanded more than 40 report, the Sharps were asked to set up a par- was a courteous, cooperative, and compas- years; I first met Ann when she lived in Dallas allel operation in France under the newly sionate young man. Dr. Harry Morgan, the before moving to Austin where she ran for founded Unitarian Universalist Service Com- Boyertown School District Superintendent, told Travis County Commissioner in 1976 and I mittee. In 1940, the Sharps answered this call, students that Travis’s death ‘‘was a great loss was elected to serve at the Texas House of

VerDate Aug 31 2005 05:53 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\K14SE8.002 E14SEPT1 ccoleman on PROD1PC71 with REMARKS E1732 CONGRESSIONAL RECORD — Extensions of Remarks September 14, 2006 Representatives. Our first taste of government RECOGNIZING THE LIFE AND CON- Evidence of this is the Tisch School of the was as outsiders and sideline players who TRIBUTIONS OF PRESTON ROB- Arts and the Preston Robert Tisch Center for were mainly called upon to help others win the ERT TISCH Hospitality, Tourism and Sports at New York races. Texas in the 70’s wasn’t open to allow- University. ing women a seat at the political table so our SPEECH OF Mr. Tisch also served as Mayor David N. admittance was earned vote by vote. As HON. CHARLES B. RANGEL Dinkins ‘‘ambassador’’ to Washington, he was women in Texas politics, we shared the same OF NEW YORK chairman of host committees for the 1976 and struggles and the many sacrifices which are IN THE HOUSE OF REPRESENTATIVES 1980 Democratic National Conventions, and often not asked of men in politics. also led the way in building a new convention Wednesday, September 6, 2006 center on Manhattan’s West Side. He was the In her popular address to the Girls State in Mr. RANGEL. Mr. Speaker, I rise today in Chairman and Director of the Loews Corpora- 1993, she commented that ‘as a woman you strong support of H. Res. 605, a resolution tion, one of the country’s most successful fi- cannot count on Prince Charming to make you recognizing the life of Preston Robert Tisch nancial companies. feel better about yourself or to take care of and his outstanding contributions to New York In 1991 he purchased the New York Giants you, like some funhouse mirror that reflects City, the New York Giants Football Club, the and loved to attend practices and share opin- you at twice your real size because Prince National Football League, and the United ions with coaches. Mr. Tisch improved the Gi- Charming may be driving a Honda and telling States. Mr. Tisch died, at the age of 79, on ant’s business by sharpening the team’s mar- you that you have no equal ...but that won’t do November 15, 2005, at his home in Manhat- keting strategies. As a member of the National you much good when you’ve got kids and a tan, New York. The cause of his demise was Football League’s Finance and Super Bowl mortgage. . . and he has a beer gut and a a brain tumor, as said Jeffrey Stewart, spokes- Policy Committees, Mr. Tisch attained promi- wandering eye.’ man for the family. New Yorkers knew Mr. nence in the sports arena equal to his position Ann believed in telling people the truth, es- Tisch as Bob and will always remember his in the world of business. pecially young girls who were in danger of not stupendous economic support and leadership We all mourn the loss of Bob Tisch, who left maximizing their full potential. For those of us on several civic initiatives committed to the an indelible mark on our society. He will al- betterment of the city. who knew Ann, she would be pleased that her ways be alive in our hearts and minds. As a Having made his fortune from the real es- many distinguished accomplishments as a friend, I will greatly miss a remarkable man tate business in New York, Bob Tisch was a woman in the male dominated Texas politics whose companionship I treasured, and whose dedicated man who truly loved this city and energetic, enthusiastic, and enormously big represented a beacon of hope to many young exemplified the belief that the prime responsi- heart will never be forgotten. women who shared her unconventional aspira- bility and highest calling of those fortunate tions. enough to have achieved financial security In 1982 when a seat opened as the State was to use the resources and capacity to im- f Treasurer, Ann sought the Democratic nomi- prove the lives of other people. Many New RECOGNITION OF THE PEOPLE’S nation after the incumbent withdrew from the Yorkers were helped by the generosity of Mr. COMMUNITY BAPTIST CHURCH race. As State Treasurer and as a true prag- Tisch’s civic commitment. 28TH ANNIVERSARY matist with a keen eye for technology, she In May 2005, Mr. Tisch was interviewed for transformed the Texas Treasury into a modern the online edition of Education Update maga- operation which encompassed electronic funds zine by Joan Baum, Ph.D. Dr. Baum de- HON. CHRIS VAN HOLLEN transfer, modernized investments and cash scribed him as an ‘‘extraordinary life of public OF MARYLAND service and philanthropy’’. Mr. Tisch’s service management systems. Along the way, Ann IN THE HOUSE OF REPRESENTATIVES earned the respect and admiration of the busi- as Postmaster General of the United States in Thursday, September 14, 2006 ness community who appreciated her foresight the 90s was mentioned. As well as his partici- pation in a partnership program to fund com- and vision. Mr. VAN HOLLEN. Mr. Speaker, I rise today munity programs, sitting on the board as a to congratulate the People’s Community Bap- In 1990 as the first woman Governor of founding member of Citymeals-on-wheels, and tist Church, which is located within my con- Texas in 50 years, Ann aligned herself with as an essential driving force behind the new gressional district, on its 28th anniversary, the late Lt. Gov. Bob Bullock and Comptroller Giants Stadium. which will be celebrated September 15–17, John Sharp and together formalized a state- In 2000, Mr. Tisch founded a program 2006. wide performance review of agencies that in- known as ‘‘Take the Field’’, which benefited Since its founding in 1978, the People’s evitably led to much needed recommendations public schools by restoring athletic fields in Community Baptist Church has established a for change. New York to provide spaces for children to both practice and play. Since its inception legacy built on spiritual empowerment, social In her tenure as Governor she was adamant ‘‘Take the Field’’ has already successfully re- action and community outreach. Its out- about appointing minorities on state boards stored 41 of 43 athletic fields in New York. By standing leadership in the community has and commissions. Ann wanted Texas Govern- May 2005 Mr. Tisch’s efforts had raised $135 touched lives throughout Montgomery County, ment to reflect the people of the State and million in private and public funds for ‘‘Take Maryland and beyond. was proud of the rich cultural and vast diver- the Field.’’ Ernie Accorsi, Giants General Man- With the strong foundation laid by the late sity engrained in every corner of Texas. ager, 1998–present stated: ‘‘Bob Tisch was a Reverend Dr. Thomas Jeremiah Baltimore, Ann is survived by her four children: Cecile, historic man in New York City history. His con- this ministry has shown benevolence through Daniel, Clark and Ellen and their spouses: Kirk tributions ranged from government, both Na- ministries such as the Social Action Agency, a Adams, Linda Richards, Sharon Zeugin and tional and local, to the entertainment world to church ministry that addresses social concerns Greg Johnson and her much beloved eight the sports world, but most important, to incred- of the community in all areas affecting quality of life. Under its umbrella, numerous initiatives grandchildren. ible charitable acts. His ‘Take the Field’ pro- gram was one of the most innovative and have been started, including family health pro- Mr. Speaker in closing, it is worthy to men- beautiful efforts in athletics in this country. But grams, Alcoholics Anonymous and Narcotics tion Ann’s legacy as an independent thinker, a in addition to these things and to his co-own- Anonymous chapter meetings, cancer support strong-minded and compassionate woman ership of one of the great franchises in Amer- groups, voter registration drives, and the with a sharp wit and charming personality who ican sport, in addition to his brilliance and dy- SHARE program (low-cost monthly food dis- loved her State and the people of Texas so namic New York presence, was the soul of a tribution). A prison ministry was also begun, much she dedicated 12 years of her life to good and decent man who cared about people bringing the message of hope and redemption serve them. I am saddened at the loss of Gov- and did countless deeds to help those less to the incarcerated. ernor Ann Richards but I am certain that her fortunate, acts which never received notice.’’ Mr. Speaker, I am proud to represent this legacy will live in the minds and hearts of Mr. Tisch wanted to improve health and in- progressive and distinguished ministry and ex- young women everywhere who now have Ann crease the academic performance of not only tend my best wishes for continued success to to remind them that there is nothing as women students, but also of the communities as well. The People’s Community Baptist Church on they cannot accomplish. Mr. Tisch was very interested in education. this special occasion.

VerDate Aug 31 2005 05:53 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A14SE8.057 E14SEPT1 ccoleman on PROD1PC71 with REMARKS September 14, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1733 PERSONAL EXPLANATION HONORING NORMAN R. AUGUSTINE Originally built to house members of the FOR LIFELONG COMMITMENT TO International Ladies Garment Workers Union HON. JERROLD NADLER EDUCATION and their families, Penn South sparked a ren- aissance on Manhattan’s West Side when OF NEW YORK HON. CHRIS VAN HOLLEN ‘‘urban renewal’’ was a phrase used only IN THE HOUSE OF REPRESENTATIVES OF MARYLAND among city planners. As growing demand for Thursday, September 14, 2006 IN THE HOUSE OF REPRESENTATIVES affordable housing prompted Penn South to Mr. NADLER. Mr. Speaker, due to official Thursday, September 14, 2006 open itself to the public, the cooperative be- came a thriving community that truly trans- business in New York related to the anniver- Mr. VAN HOLLEN. Mr. Speaker, I rise today sary of the September 11, 2001 terrorist at- formed the neighborhood. to congratulate my constituent Norman R. Au- Widely regarded as one of the best-run co- tacks, I was unable to travel to Washington, gustine, a recipient of the prestigious Harold operatives in the state of New York, Penn DC. As a result, I missed votes on September W. McGraw, Jr. Prize in Education. The prize South has made contributions beyond its own 6 and September 7, 2006. I ask that the annually recognizes outstanding individuals community. During New York City’s budget cri- RECORD reflect that had I been able to, I who have dedicated themselves to improving sis in the 1970s, residents of Penn South would have voted ‘‘aye’’ on rollcall vote No. education in this country and whose accom- scraped together enough money to prepay 427, regarding the Abraham Lincoln Com- plishments are making a difference today. their property taxes and help the City through memorative Coin Act; ‘‘aye’’ on rollcall vote Mr. Augustine is the former chairman and that difficult time. No. 428, Recognizing the life of Preston Rob- chief executive officer of Lockheed Martin Cor- The Penn South Program for Seniors was ert Tisch; ‘‘aye’’ on rollcall vote No. 429, Con- poration. He is a member of the President’s our Nation’s first Naturally Occurring Retire- gratulating Spelman College on the occasion Council of Advisors on Science and Tech- ment Community (NORC) program, and has of its 125th anniversary; ‘‘aye’’ on rollcall vote nology, the Advisory Board to the U.S. Depart- become a nexus of senior services. Since No. 430, providing for consideration of the ment of Homeland Security, and the American 1986, it has provided care management, enti- Horse Protection Act; ‘‘no’’ on rollcall vote No. Philosophical Society, and is a fellow of the tlement screening and advocacy, homecare 431, an amendment offered by Mr. Goodlatte; National Academy of Arts and Sciences. coordination, health services, counseling, sup- ‘‘no’’ on rollcall vote No. 432, an amendment Mr. Augustine has been chosen to receive port groups, referral services, recreation, edu- offered by Mr. King of lowa; ‘‘aye’’ on rollcall the prestigious 19th annual award for his role cational programs, volunteer opportunities, a vote No. 433, final passage of the Horse Pro- as Chairman of the National Academies Com- social adult day care program, and an tection Act; ‘‘aye’’ on rollcall vote No. 434, A mittee on Prospering in the Global Economy intergenerational garden for both seniors and Motion to Instruct Conferees on the National and its work on the highly acclaimed report, children. The program also links West Side Department of Defense Authorization Act of ‘‘Rising Above the Gathering Storm.’’ This re- residents with community services such as 2007; and ‘‘aye’’ on rollcall vote No. 435, clos- port illustrates the importance of improving Meals on Wheels, home care, and transpor- ing portions of the National Defense Author- K–12 education in mathematics and science, tation. Later, because Penn South was se- ization Act of 2007 Conference Report. the nation’s commitment to long-term basic re- lected as a training site for psychiatric fellows, search, and United States capacity for techno- two medical centers have opened on-site geri- f logical innovation. atric practices and residents have access to Mr. Augustine’s credentials as a public serv- free psychiatric consultations. PROVIDING FOR CONSIDERATION ant and engineer are impressive. A five-time Most importantly, the program allows sen- OF H. RES. 994, EXPRESSING recipient of the U.S. Department of Defense’s iors to continue living in their homes as part of SENSE OF THE HOUSE OF REP- highest civilian decoration, the Distinguished the Penn South community. This chance is RESENTATIVES ON FIFTH Service Medal, he has served as a lecturer at vital to hundreds of long-time residents, espe- ANIVERSARY OF TERRORIST AT- Princeton University’s School of Ergineering cially at a time when financial concerns and TACKS LAUNCHED AGAINST THE and Applied Science UNITED STATES ON SEPTEMBER Mr. Speaker, I ask my colleagues to join me high real estate costs are forcing many of New 11, 2001 in saluting Mr. Augustine for his outstanding York City’s seniors out of their apartments. contribution to education and ongoing commit- Again, I commend the Penn South Program SPEECH OF ment to public service. for Seniors for its tireless support for the gen- eration of New Yorkers who brought Chelsea HON. TAMMY BALDWIN f back to life. OF WISCONSIN IN HONOR OF PENN SOUTH SENIOR f IN THE HOUSE OF REPRESENTATIVES SERVICES TRIBUTE TO MIDDLE VALLEY Wednesday, September 13, 2006 CHURCH OF GOD Ms. BALDWIN. Mr. Speaker, on the fifth an- HON. JERROLD NADLER OF NEW YORK niversary of the worst attack on American soil, IN THE HOUSE OF REPRESENTATIVES HON. ZACH WAMP my Republican colleagues have disgracefully OF TENNESSEE Thursday, September 14, 2006 politicized what should have been a solemn IN THE HOUSE OF REPRESENTATIVES and sincere resolution. This week we are Mr. NADLER. Mr. Speaker, I rise today to mourning the tragic loses of innocent lives as honor the Penn South Program for Seniors for Thursday, September 14, 2006 well as commemorating the unsurpassed her- an outstanding 20 years of service to the natu- Mr. WAMP. Mr. Speaker, I rise today to oism that was on display that day. We are ex- rally occurring retirement community in and honor the work of Middle Valley Church of pressing our gratitude to our Nation’s law en- around the Penn South cooperative on Man- God in Hixson, TN, and join them in cele- forcement officers for their tireless dedication hattan’s West Side. brating 60 years of community service on No- to make our country safer; and we are re- When President John F. Kennedy dedicated vember 1, 2006. affirming our Nation’s resolve to combat ter- Penn South in 1962, he said, ‘‘It is the task of In 1946, 17 devoted charter members es- rorism and secure our homeland. But rather every generation to build a road for the next tablished Middle Valley Church of God under than offering a bipartisan resolution that unites generation. This housing development . . . the leadership of L.W. Ledbetter who served us on this solemn occasion, the Republican can provide a better life for the people who as the first pastor. Within a year of its organi- leadership converted the bill into an endorse- come after us, if we meet our responsibilities.’’ zation, charter members built the first church ment of the PATRIOT Act, punitive immigra- Indeed a subsequent generation of on that site and held the first service there on tion bills, and other highly controversial meas- Manhattanites has benefited from the vision of July 12, 1947. Since then, 19 pastors have ures, which many of my constituents oppose. the eariest residents of Penn South. Many of served this church, including current pastor This bill was cynically transformed from a me- the original members of the cooperative still Mitch McClure, the church has undergone morial resolution to an endorsement of Presi- live in Penn South, and many of the current major renovations, and the congregation has dent Bush’s failed policies. The Republicans residents are senior citizens. The Penn South grown to 250 members including the only sur- show enormous disrespect to the 9/11 victims Program for Senior continues to provide dedi- viving charter member, Ruth Underwood Por- and families by playing election year politics cated support to those people who helped ter. with something as solemn as the fifth anniver- make Chelsea the vibrant neighborhood it is For the last 60 years, Middle Valley Church sary of 9/11; I will vote against the bill. today. of God has focused on community ministry.

VerDate Aug 31 2005 05:53 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A14SE8.062 E14SEPT1 ccoleman on PROD1PC71 with REMARKS E1734 CONGRESSIONAL RECORD — Extensions of Remarks September 14, 2006 They have developed partnerships with Me- William, Jr., are being honored today at Nellis sional district, has the highest percentage of morial North Park Hospital, Dallas Bay Volun- Air Force Base as part of the 2006 POW/MIA children living in kinship care in the entire Na- teer Fire Department, Angel Food Ministries, National Recognition Day ceremonies. tion. Not only does my district have the high- Ganns Middle Valley Elementary School, Private First Class William Skivington, Jr., or est incidence of grandparent-headed house- Smokey Mountain Children’s Home, Church of ‘‘Skip’’ as most referred to him, disappeared holds in the Nation, it also has a dispropor- God Chaplains Commission, Church of God on Mother’s Day in 1968 during a ground bat- tionate number of African American grand- World Missions, Operation Christmas Child, tle near the Laotian border. Thirty-eight years parent caregivers, around 82 percent of all and various other organizations. In addition, after being declared missing-in-action, his re- grandparent-headed households. It is an un- the church hosts a grief support group through mains have finally been returned to his family. fortunate fact that the problem of grandparent- Legacy Funeral Services and serves as a vot- A graduate of Western High School, William, headed households disproportionately affects ing precinct for the Hamilton County Election Jr., was presumed killed or captured after his African-American grandparents who serve as Commission. They soon hope to host a com- observation post at Kham Duc was overrun by kinship care providers at higher rates than munity meeting to address the methamphet- a brigade of North Vietnamese soldiers and other racial/ethnic groups; a fact that federal amine crisis our region is currently battling. Viet Cong. For his bravery and service Wil- policies need to understand and address. Mr. Speaker, I ask that the United States liam, Jr., was awarded the Bronze Star, Purple B.C. Forbes said, ‘‘Upon our children—how House of Representatives join me in thanking Heart and a number of medals from the Gov- they are taught—rests the fate—or fortune—of the congregation of Middle Valley Church of ernment of Vietnam, he will be laid to rest with tomorrow’s world.’’ The fate of our children God and Pastor Mitch McClure for 60 years of his fellow American heroes at Arlington Na- and their future lies with the millions of grand- commitment to their faith and service to the tional Cemetery. parents who tirelessly raise their grand- local community. William, Jr., learned the value and honor of children. Grandparent-headed households are f service from his father, William, Sr., who an unremitting force on our Nation’s children served our country with bravery and nobility in and deserve our gratitude and support. IN RECOGNITION OF THE TASK the European Theater during World War II. f FORCE ON MENTORING OF MONT- For his valor, William, Sr., was highly also GOMERY COUNTY ON THE OCCA- decorated. I applaud Bill not only for his serv- FOURTEENTH DALAI LAMA CON- SION OF ITS 15TH ANNUAL CON- ice to this country, but also for his support for GRESSIONAL GOLD MEDAL ACT FERENCE all prisoners of war and missing in action and SPEECH OF their families, and his dedication to his son, HON. CHRIS VAN HOLLEN William, Jr. He is currently raising money to HON. CAROLYN B. MALONEY OF MARYLAND preserve an olive tree, The Freedom Tree, OF NEW YORK IN THE HOUSE OF REPRESENTATIVES which was planted in 1972 and dedicated to IN THE HOUSE OF REPRESENTATIVES his son, and all POW/MIA. Thursday, September 14, 2006 Wednesday, September 13, 2006 Mr. Speaker, I am proud to honor William Mr. VAN HOLLEN. Mr. Speaker, I rise today Skivington, Sr., and William Skivngton, Jr. Mrs. MALONEY. Mr. Speaker, I fully support to congratulate and express my appreciation Their service in our Nation’s armed services is this legislation to bestow the Congressional for the Task Force on Mentoring of Mont- admirable and shows that they are both true Gold Medal upon Tenzin Gyatso, the 14th gomery County, Maryland. The Task Force is patriots and American heroes. Dalai Lama. His Holiness is a spiritual beacon a community-based, non-profit organization f for thousands, and he has traveled the world that provides crucial services such as mentor to develop common ground among different training, volunteer mentor recruitment, and or- HONORING NATIONAL faiths. He stands for and embodies peace and ganizational and technical support to commu- GRANDPARENTS DAY harmony. nity organizations and institutions that work to I also honor the Dalai Lama for his con- develop mentoring programs. HON. DANNY K. DAVIS tinuing work to expand freedoms for the Ti- For over 15 years the Task Force has been OF ILLINOIS betan people. Under Chinese rule, the human a pillar of support for at-risk youth in Mont- IN THE HOUSE OF REPRESENTATIVES rights situation in Tibet is reprehensible—reli- gomery County. It has joined us in the battle gious and political freedoms are severely cur- Thursday, September 14, 2006 against gang-related violence through its day- tailed and thousands of Tibetans have died. to-day efforts and its upcoming annual con- Mr. DAVIS of Illinois. Mr. Speaker, I rise Practicing compassion and non-violence, the ference entitled ‘‘Challenging the Gang Life- today in honor of National Grandparents Day. Dalai Lama has met with world leaders and style—Strategies for Prevention.’’ The con- Designated as the first Sunday following Labor has attempted to engage the Chinese govern- ference will be held on the Rockville Campus Day of every year, Grandparents Day began ment to reach a solution that will give freedom of Johns Hopkins University on October 12, in 1979 by a proclamation from President to his people. Regrettably, the Chinese gov- 2006. Jimmy Carter. Unfortunately the vital work of ernment has been stubborn in its resistence, Thanks to the tireless and steadfast efforts grandparents frequently goes unrecognized but I hope they will soon have a change of of the Task Force on Mentoring, many of and underappreciated. Not only do grand- mind and heart about the situation in Tibet. Montgomery County’s children and adoles- parents provide ties to our past, they often As a spiritual force and as a head of state, cents have been given a real opportunity to times provide care to the Nation’s children. the Dalai Lama shows us all the meaning of become positive, active, and socially con- Grandparents make up 5.7 million house- peace and compassion. He deserves this scious citizens. holds living with over 6.1 million children, evi- honor, and I thank the leadership for bringing Mr. Speaker, on the occasion of its fifteenth dence that many of these grandparents are the bill before us. annual conference, I ask my colleagues to join often times caring for more than one child. It f me in saluting the Task Force on Mentoring of is important to note that 42 percent of grand- Montgomery County. parent caregivers are the sole providers for ‘‘ART ON LABELS’’ CONTEST WINNERS f the most basic needs of one or more of the children in their custody. Alarmingly, 35.8 per- PAYING TRIBUTE TO WILLIAM cent of grandchildren under the age of 18 live HON. SHEILA JACKSON-LEE SKIVINGTON, SR., AND WILLIAM in homes with Supplemental Security Income OF TEXAS SKIVINGTON, JR. (SSI), or other form of public assistance, and IN THE HOUSE OF REPRESENTATIVES 460,000 of these grandparent led households HON. JON C. PORTER fall below the poverty line. Thursday, September 14, 2006 OF NEVADA Chicago, alone, is the home to three of the Ms. JACKSON-LEE of Texas. Mr. Speaker, IN THE HOUSE OF REPRESENTATIVES top ten congressional districts for children liv- I rise today to congratulate two outstanding ing in the homes of grandparents or other rel- young students who live and go to school in Thursday, September 14, 2006 atives. In my congressional district there are my district in Houston, Texas. Alejandra Gar- Mr. PORTER. Mr. Speaker, I rise today to 23,397 grandparents living with grandchildren cia, 10, of Crockett Elementary School and honor both William Skivington, Sr., and Wil- and over ten thousand grandparents who are Alina Arevalo, 8, of Sherman Elementary liam Skivington, Jr., for their service in the responsible for their grandchildren’s needs; in- School recently won a national art competition United States Armed Forces. William, Sr., and deed the 7th District of Illinois, my congres- in support of afterschool programs called the

VerDate Aug 31 2005 05:53 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A14SE8.066 E14SEPT1 ccoleman on PROD1PC71 with REMARKS September 14, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1735 ‘‘Art on Labels’’ contest, sponsored by Torani, rials of mineral origin accounting for over $487 English Language Learners. Despite the chal- the specialty syrup maker, and the Afterschool billion in the economy in 2005 (an increase of lenges to comprehensive multicultural and Alliance, an organization dedicated to advo- 8 percent over 2004 on top of an increase of multilingual education, Luther Burbank School cating for quality and affordable afterschool over 13 percent in 2003). District has met the challenges of racial, ethnic programs for all children by 2010. The girls’ In 2002, the administration’s FY 2003 budg- and religious diversity within the public school artwork was chosen from hundreds of entries et proposed to eliminate the collection of inter- system. nationwide and will be featured on two of national mineral commodity information. The Over the past 5 years, Luther Burbank Torani’s soda syrup products this fall. attempts to eliminate international mineral School District has increased its California Both students attend the Cooperative for commodity information collection have contin- Academic Performance Index by over 200 After-School Enrichment program and were ued with each subsequent budget proposal. points, thereby exceeding the state average. encouraged to enter the contest by their after- The congressional appropriations committees As the test scores and the school district’s school teacher. Afterschool programs play a have wisely continued to reject calls to elimi- rankings have risen, so has the recognition critical role in the lives of many students who nate this critical data. that Luther Burbank School District has re- need a safe and nurturing place to go after the This information from the MIT is critical to ceived. The school district is now a school of school bell rings. In communities today, 14.3 the effective use of the nation’s natural re- choice in San Jose, California. million children take care of themselves after sources and for accurate forecasting. Without Luther Burbank School District is a center of the school day ends, including almost four mil- a reliable source of worldwide commodity in- activity and growth in the community. Local lion middle school students in grades six to formation, the U.S. would be blind to any im- residents are continuously invited and involved eight. Just 6.5 million children are in after- pending supply shortages. MIT data was crit- in many aspects of the school district. Luther school programs—but the parents of another ical in calming the markets during the cement Burbank School District welcomes parent and 15.3 million children say their children would and steel shortages of 2004, identifying the community involvement in the education and participate in afterschool—if a program were problem as one of logistics, not supply. activities of the school and English as a Sec- available. Our Nation is facing a global resources fu- ond Language classes are provided to the Afterschool programs keep children en- ture where we are more dependent than ever community during the evening hours to more gaged in learning and work to find students’ on foreign sources of energy and minerals closely connect the residents of this culturally hidden talents as an alternative to going home while at the same time no longer ‘‘guaranteed’’ diverse neighborhood. alone to watch television all afternoon. It is im- to be the major recipient of energy and min- The school district utilizes innovative teach- portant to continue to support afterschool pro- erals from our traditional foreign suppliers. ing methods that include technology in the grams like the ones Alejandra and Alina at- Considering businesses operate in a global classroom and current instructional materials. tend, which increase academic achievement, economy, and imported raw and processed The school district focuses on the academic keep kids safe, and help working families. mineral materials increased in value by more growth of their students so that they may It is an honor to be able to congratulate two than 14 percent from 2005 to $103 billion, the make positive contributions to their community wonderful young ladies, Alejandra and Alina, comprehensive data provided by the MIT be- and to society. for their tremendous accomplishments and to comes ever more important. I am hopeful that the innovative and exem- thank their afterschool program providers for Clearly the Federal government understands plary model portrayed by the Luther Burbank helping to develop their talents. the importance of worldwide data on energy School District remains in my congressional f production as demonstrated by the increased district and spreads to many other lucky funding for the Energy Information Administra- neighborhoods in the coming years. INTRODUCING BILL TO ESTABLISH tion. Currently, the continued viability and f MINERAL COMMODITY INFORMA- availability of mineral commodity information is TION ADMINISTRATION mired in the bureaucracy and under budgetary RECOGNIZING THE METROPOLITAN assault. It is imperative that the importance of ARCHDIOCESE OF AGANA ON HON. THELMA D. DRAKE the MIT mission be recognized by establishing THE HISTORIC OCCASION OF THE ENSHRINEMENT OF ‘‘OUR LADY OF VIRGINIA it as an independent agency of the Depart- OF CAMARIN’’ IN THE HOUSE OF REPRESENTATIVES ment of the Interior. Thursday, September 14, 2006 This is the goal that my bill will accomplish. The mission of the newly created Mineral HON. MADELEINE Z. BORDALLO Mrs. DRAKE. Mr. Speaker, I rise today to Commodity Information Administration will be OF GUAM introduce this bill to establish the Mineral to continue to collect, analyze, and dissemi- IN THE HOUSE OF REPRESENTATIVES Commodity Information Administration in the nate information on the domestic and inter- Thursday, September 14, 2006 Department of the Interior. national supply of and demand for minerals This bill would make the Mineral Information and mineral materials essential to the U.S Ms. BORDALLO. Mr. Speaker, I rise today Team (MIT) with the United States Geological economy and national security. to congratulate Archbishop Anthony Sablan Apuron and the Roman Catholic Metropolitan Service an independent agency in the Depart- f ment of the Interior, with much the same char- Archdiocese of Agana on the occasion of the ter as the Energy Information Agency housed CONGRATULATING THE LUTHER enshrinement of ‘‘Our Lady of Camarin’’ in the in the Department of Energy. BURBANK SCHOOL DISTRICT ON Basilica of the National Shrine of the Immacu- The MIT collects and disseminates data on ITS 100TH ANNIVERSARY late Conception in Washington, DC. Our Lady virtually every commercially important non-fuel of Camarin, ‘‘Santa Marian Kamalen’’ as she mineral commodity produced worldwide, infor- HON. ZOE LOFGREN is known in the Chamorro language, is the Pa- mation that is critical to businesses, the gov- OF CALIFORNIA troness of the Metropolitan Archdiocese of ernment, and importantly, the Department of IN THE HOUSE OF REPRESENTATIVES Agana and of the Mariana Islands. I also con- Defense (DOD) to help manage the National gratulate the Guam chapters of the Catholic Defense Stockpile. Due to the importance of Thursday, September 14, 2006 Daughters of the Americas who have taken an the data, the MIT should be an independent Ms. ZOE LOFGREN of California. Mr. active interest in the cause of enshrinement agency reporting to the Secretary of the Inte- Speaker, I rise to congratulate the Luther Bur- and who are well represented in Washington rior. bank School District in San Jose, California on for the ceremony on September 17, 2006. Virtually every manufacturing sector, from its 100th anniversary. The Santa Marian Kamalen is an important aviation to textiles, relies on the unbiased, Luther Burbank School District’s noble mis- historic symbol of faith to the people of Guam thorough, and comprehensive data reported sion is to educate students from kindergarten and the Mariana Islands. The Santa Marian by the MIT. This data is essential for effective to eighth grade. Although diversity is wel- Kamalen statue, which arrived on Guam in the use of our natural resources and for accurate comed, significant challenges confront this 17th century, was a significant part of the forecasting. The information for a number of public school system. In the 2003–2004 Spanish introduction of the Catholic faith on the MIT reports is derived from proprietary in- school year 85 percent of the students were Guam and has been an enduring symbol of formation given by our members precisely be- Hispanic, 5 percent Black and 7 percent the growth of the Catholic Church in the Mar- cause the government is a trusted third party. White. Of all the District’s students, 78 percent iana Islands for the past three centuries. The The United States is the world’s largest user participated in the National School Lunch Pro- Santa Marian Kamalen statue is representa- of mineral commodities, with processed mate- gram and 64 percent of the students were tive of the resilience of the Chamorro people

VerDate Aug 31 2005 05:53 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A14SE8.071 E14SEPT1 ccoleman on PROD1PC71 with REMARKS E1736 CONGRESSIONAL RECORD — Extensions of Remarks September 14, 2006 who have turned to the Patroness in times of munity by building the highly valued com- Labor for its next stage as a visible and viable distress to receive her comfort. This religious modity of affordable housing, and a way to pathway to success for tens of thousands of symbol has survived fires, earthquakes, and gain leadership skills to improve the commu- young Americans. typhoons and inspires the faithful who seek nity in the long run and to become somebody f her intercession for protection from famine, who could make a difference. AZERBAIJAN—TIME TO FREE THE earthquakes, typhoons and tsunamis. This combination has been highly attractive During the occupation of Guam in World to the disconnected youth, and has created a POLITICAL PRISONERS War II, believers turned to Santa Marian pathway to a productive future for tens of Kamalen for help and some risked their own thousands of young adults across the country. HON. JANICE D. SCHAKOWSKY safety by saving the statue from confiscation YouthBuild spread from East Harlem OF ILLINOIS and destruction by the occupiers. Today, throughout New York City, and from there IN THE HOUSE OF REPRESENTATIVES Santa Marian Kamalen continues to inspire around the country. It became a federal Hous- Thursday, September 14, 2006 the Catholic faithful on Guam and throughout ing and Urban Development (HUD) program in Mrs. SCHAKOWSKY. Mr. Speaker, when the Marianas. She holds an exalted position 1992, and with HUD’s help has spread to 226 Secretary of State Condoleezza Rice goes to above the altar in the Dulce Nombre de Maria of America’s poorest urban and rural commu- New York for the opening of the 61st United Cathedral-Basilica in Haga˚tn˜a, Guam. As the nities. It has been incubated as a federal pro- Nations General Assembly she is expected to Patroness of Guam and the Mariana Islands, gram in HUD—still outside of the existing pub- meet with Foreign Minister Elmar Mammad- her feast day is celebrated each year on De- lic education, workforce development, and yarov of Azerbaijan. His country is becoming cember 8th, the Feast of the Immaculate Con- criminal justice systems. At HUD, the empha- an important geo-strategic player in the Cas- ception, with a procession of thousands of the sis has been on broad community develop- pian region and Central Asia. It has worked faithful in Haga˚tn˜a. ment. closely with the United States on the critical oil On Sunday, September 17, 2006, a replica YouthBuild has shown itself to be highly at- pipeline from the Caspian to the Mediterra- of the Santa Marian Kamalen will be en- tractive to communities seeking a solution for nean and other issues. shrined at the Basilica of the National Shrine the fact that 32 percent of America’s youth are There are some important obstacles to real- of the Immaculate Conception in Washington, dropping out of school, a hundred thousand izing the full potential of our strategic relation- DC. Hundreds of followers from Guam, the are aging out of foster care each year and ship with Azerbaijan. Of particular concern is Northern Marianas, and throughout the nation need a supportive transition, and tens of thou- the deteriorating human rights situation and have converged in a pilgrimage to honor Our sands are returning to their neighborhoods the growing number of political prisoners in Lady of Camarin. from incarceration needing a guiding hand. that country’s jails. The enshrinement of Santa Marian Kamalen Now YouthBuild is being moved as a re- During her confirmation hearings before the is recognition by the Church of the deep faith sponse to its success. It is consistent with the Senate Committee on Foreign Relations ear- of the Chamorro people and a distinct honor priorities of the Department of Labor to en- lier this year, Ambassador Anne Derse for the Metropolitan Archdiocese of Agana. gage the most disadvantaged youth in edu- stressed the importance the United States at- The ceremony will celebrate the love of the cation and job training in high-demand careers taches to freedom, democracy and human devotees of the Patroness of the Mariana Is- through a cost effective community-based so- rights as high priorities in our relationship with lands. lution. While it is consistent with HUD’s gen- Azerbaijan. The Bush administration’s empha- The enshrinement of Our Lady of Camarin eral community development goals, it is con- sis on the critical importance for nurturing de- would not have been possible without the tire- sistent with the Department of Labor’s central mocracy, not only in bringing freedom to peo- less efforts of many people, most notably the priorities for young adults. ple but in helping make this a safer world at Most Reverend Anthony Sablan Apuron, OFM YouthBuild programs are also working well a time of growing threat from Islamofascism, is Cap., DD, the Metropolitan Archbishop of as re-entry programs under a special grant of particular concern in Central Asia. Azer- Agana, the clergy and religious on Guam and with the Department of Labor and with various baijan is a secular Muslim state, thus making the Mariana Islands, officers of the Catholic state governments. They are working as the development of democracy, respect for Daughters of the Americas in the Metropolitan AmeriCorps programs especially designed for human rights and the rule of law ever more Archdiocese of Agana, and all of the faithful. low-income youth in partnership with the Cor- critical in such an unstable region of the world. Biba Santa Marian Kamalen! poration for National and Community Service. Azerbaijan is also an important American in- f They are also working with local public school terest in energy and security cooperation. As systems and the Bill and Melinda Gates Foun- our economic and political cooperation grow, RECOGNIZING THE CONTRIBU- dation—40 YouthBuild programs have become our relations with Azerbaijan become more TIONS OF YOUTHBUILD TO THE diploma-granting public charter or alternative critical. Azerbaijani President Ilham Aliyev has NATION schools, expanding the reach of limited federal spoken of his commitment to democracy but, funds by attracting additional local public edu- unfortunately, the gap between promise and HON. CHARLES B. RANGEL cation funds and deepening YouthBuild’s role performance is widening, not shrinking. OF NEW YORK as an alternative school. Since it has become I am particularly concerned about the need IN THE HOUSE OF REPRESENTATIVES simultaneously a school, a job-training pro- for an independent judiciary, commitment to gram, a re-entry program, and a national serv- the rule of law and a transparent justice sys- Thursday, September 14, 2006 ice program, it is working now on the creative tem. An alarming number of political prisoners Mr. RANGEL. Mr. Speaker, I rise in strong edge of all these systems. are held in Azeri jails, most notably former support of H.R. 5837, a bill to amend the Local YouthBuild programs are led by entre- Minister of Economic Development Farhad Workforce Investment Act of 1998 to provide preneurial and committed professionals rooted Aliyev and his brother Rafiq Aliyev (The broth- for a YouthBuild program and to recognize the in local communities. They are knit together by ers are no relation to President Aliyev). Farad many achievements and accomplishments at- a national non-profit organization, YouthBuild Aliyev was arrested on trumped-up political tributed to YOUTHBUILD USA. USA, that works in partnership with the federal charges of planning a coup, and to that was The YouthBuild program started in my Con- government to hold local programs to high later added a charge of murdering the editor gressional District of East Harlem in 1978 as standards, to train them in best practices, and of Monitor magazine, Elmar Huseynov. The a response to the failed public school system, to recognize innovative promising practices. actual confessed murderer, Haji Mammadov, a the lack of workforce development programs This public/private partnership has also proven former official of the Interior Ministry’s Criminal available to young adults and the growing itself to be a good delivery system which has Investigation Department, reportedly accused number of youth who were being driven into been responsible for the effective implementa- Farhad Aliyev of ordering the killing. Inde- the criminal justice system, YouthBuild’s mis- tion of a creative program design. pendent media reports demonstrate that the sion is to provide a pathway to successful pro- At a time when America is seeking solutions accusation is not taken seriously and believed ductive careers. YouthBuild started in the in- to the disconnection from school and work of to have been pushed on the killer, perhaps in terstices between these three systems as a over 5 million 16- to 24-year-olds, 2.4 million a deal for a lighter sentence, as part of the community-based comprehensive program de- of whom are poor, at a time when we are real- government’s desire to strengthen its weak signed with and for youth. It became simulta- izing that some of our existing systems are not case against Aliyev and eliminate a potential neously an alternative school, a job and ca- working for this sub-set of young adults, it is rival for the president. reer training program, a point of re-entry for a good moment to highlight YouthBuild as a Mr. Speaker, I urge Secretary of State Rice adjudicated youth, a way to serve one’s com- solution, and position it in the Department of to take up this matter at the United Nations

VerDate Aug 31 2005 05:53 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A14SE8.075 E14SEPT1 ccoleman on PROD1PC71 with REMARKS September 14, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1737 with Foreign Minister Mammadyarov and Prior to his appointment at A&M, Dr. Jen- raised in 2004 when two tribes now based in stress that the United States seeks assur- nings served many years as a professor and Oklahoma asserted a claim to lands in Colo- ances that all political prisoners are allowed administrator at Atlanta University Graduate rado. However, I do not think that is accurate. free access to counsel of their choice, are School. Dr. Jennings has also held positions Nothing in this bill would prevent tribes from safe and provided all necessary health care, at Norfolk State University, Albany State Uni- making such land claims in the future. And be- receive humane treatment and, if it goes that versity, and North Carolina A&T State Univer- cause no legislation can bind a future Con- far, receive a free, fair and public trial. More sity. Most recently, he served as the Executive gress, the bill would not prevent a legislative appropriately, they should be freed at once as Vice President and Chief Operating Officer of settlement of such claims—the professed goal a demonstration of Azerbaijan’s commitment Wake Forest University’s Future Focus 2020, of those asserting the Colorado claim—which to democratic reform and respect for human a program designed to encourage urban com- could involve authorization of Indian gaming rights and the rule of law. munities to more actively participate in discus- on some of the lands involved. The Azeri Democracy Initiative, a non-par- sions about the future of the country. I urge the House to reject this bill. tisan, international non-profit organization In addition to his impressive academic f headquartered in Washington and dedicated record, Dr. Jennings is a distinguished dip- ‘‘IRAQ WATCH’’ to strengthening U.S.-Azerbaijan ties on a lomat and civil servant. In 1999, he rep- basis of shared values, has joined in calling resented the U.S. Embassy and the U.S. State on the European Court of Human Rights to in- Department as a consultant and trainer at the HON. JOHN CONYERS, JR. OF MICHIGAN vestigate the politically-motivated arrest of University of Naimey in Niger, Africa. He also IN THE HOUSE OF REPRESENTATIVES Farhad Aliyev, the reformist former Minister of previously served as a Loaned Executive to Economic Development of Azerbaijan. the Office of the Administrator of the U.S. En- Thursday, September 14, 2006 The case before the Court of Human Rights vironmental Protection Agency, as well as an Mr. CONYERS. Mr. Speaker, back in June in Strasbourg was filed by a group of British Equal Opportunity and Employee Develop- the Democratic Caucus began a series of lawyers and alleges human rights abuses. ment Specialist and Lead Trainer for the U.S. weekly special orders and floor speeches as a They pointed out that Azerbaijan, as a mem- Equal Opportunity Commission. part of our ongoing ‘‘Iraq Watch.’’ Midway ber of the Council of Europe, is legally obli- Mr. Speaker, during the week of September through September, we’re still watching, and gated to comply with the European Conven- 11th, the Alabama A&M community is cele- what we’re seeing is not encouraging. Other tion of Human Rights as a condition of mem- brating Dr. Jennings’ inauguration. I believe members will elaborate on the escalating bership of the Council of Europe. that his impressive resume and numerous death toll, the continued drain on our Treas- Lord Lester QC, one of Europe’s leading academic accomplishments have more than ury, and our inability to provide even the most barristers on human rights issues, said the prepared him to lead Alabama A&M University basic services that might show the Iraqis that brothers were detained arbitrarily, put in soli- to new heights. I look forward to working with our invasion has improved their lives in some tary confinement and held ‘‘without justifica- him and all of the faculty, students, alumni, way. That there were no weapons of mass de- tion’’. He has been denied access to the men. and staff to build on the University’s proud tra- struction, no link between Saddam and Al ‘‘The Aliyev cases illustrate how far the Re- dition of excellence. Qaeda, and no threat to America in Iraq con- public of Azerbaijan has to change before it f tinues to be demonstrated with each new re- can be regarded as a truly democratic state port released and each study published. We respecting the European rule of law and the REPORTS OF COMMITTEES ON know that we went in without a plan to man- fundamental human rights and freedoms of its PUBLIC BILLS AND RESOLUTIONS age the country after we toppled the govern- citizens,’’ Lord Lester added. ment, contrary to military recommendations. SPEECH OF Many members of the brothers’ families, Indeed, we now know that Secretary Rumsfeld business associates and acquaintances have HON. MARK UDALL actually threatened to fire staff who kept insist- been ‘‘harassed, arrested and persecuted fol- OF COLORADO ing on making some attempt at post-war plan- lowing Farhad and Rafiq’s arrests,’’ according IN THE HOUSE OF REPRESENTATIVES ning. The generals in the field have told us, again, that their mission cannot be accom- to Lucy James, one of the London attorneys. Wednesday, September 13, 2006 ‘‘Many have been detained on trumped up plished without tens of thousands, perhaps charges or without charge’’ and many have re- Mr. UDALL of Colorado. Mr. Speaker, I can- even a hundred thousand or more troops. Yet, portedly lost their jobs. not vote for this bill, for several reasons. according to an official army report referenced Mr. Speaker, I urge the Secretary of State To begin with, as the debate in the Re- in the article I include, for the record, there are and Ambassador Derse in Baku to raise this sources Committee made clear, this is not the no more troops to send. critical human rights issue at the highest levels kind of measure that should be considered Mr. Speaker, we’ve been watching as this and call for the freedom of political prisoners. under a procedure that rigidly limits debate quagmire gets worse by the day. But I can’t f and prevents consideration of any amend- help wondering if the Republicans are watch- ments. Instead, it is a controversial proposal ing the same conflict I am. To listen to what CONGRATULATING DR. ROBERT that can affect many parts of the country. All the Administration and its backers in Congress JENNINGS ON HIS INAUGURA- members whose districts could be affected— are saying, one might think that the invasion TION AS PRESIDENT OF ALA- or who have concerns for other reasons— happened just last month, rather than three BAMA A&M UNIVERSITY should have the opportunity to propose and a half years ago. You might think we were amendments that they think would improve the greeted as liberators, or even that we helped HON. ROBERT E. (BUD) CRAMER, JR. legislation. the Iraqis form a functioning democracy. You OF ALABAMA But regardless of the procedures controlling might even draw the conclusion that fanning IN THE HOUSE OF REPRESENTATIVES debate today, I think the bill has such serious the flames in Iraq is somehow, in some way flaws that it should be rejected—which was making the American people safer. Thursday, September 14, 2006 why I voted against it in committee. Operating on the same flawed assumptions Mr. CRAMER. Mr. Speaker, on behalf of the As others have noted, it would make a dras- they used to mislead us into this mess in the alumni, students, faculty, and friends of Ala- tic change in current law regarding the regula- first place, the Administration still has not bama A&M University, I rise today to con- tion of Indian gaming, changes that do not given us an exit plan out of this bloodbath. gratulate Dr. Robert Jennings on his inaugura- properly reflect and respect the status of tribal We’ve heard plenty of slogans. ‘‘As the Iraqis tion as the University’s tenth President. governments and that have led the majority of stand up, we’ll stand down.’’ ‘‘Stay the Alabama A&M is a prestigious 131-year old tribes and tribal organizations to oppose the course,’’ But, Mr. Speaker, empty rhetoric is land-grant university located in Normal, AL. Its legislation. not a strategy. Hearing these slogans again faculty and students are nationally recognized I do not think such far-reaching changes are and again, I’m reminded of one definition of in- for their work in and out of the classroom. necessary to address the problems cited by sanity: to take the same action over and over A&M selected Jennings as President in Jan- the bill’s supporters. On the contrary, I think and expect different results. Our continued oc- uary of 2006. A graduate of Morehouse Col- the Interior Department already has ample au- cupation of Iraq without any kind of strategy or lege and Clark Atlanta University, Dr. Jennings thority to resolve those problems through reg- plan to resolve the conflict simply makes no is a Fulbright-Hays Fellow and a highly re- ulation. sense. spected and accomplished professor and ad- Finally, some have suggested that the legis- Mr. Speaker, I was shocked and horrified ministrator. lation should be passed to resolve questions when I heard that Vice President Cheney went

VerDate Aug 31 2005 05:53 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A14SE8.079 E14SEPT1 ccoleman on PROD1PC71 with REMARKS E1738 CONGRESSIONAL RECORD — Extensions of Remarks September 14, 2006 on a talk show last weekend and said, and I sion in the near term. Moreover, the long- Linda spent the first half of her life in Nor- quote, ‘‘if we had it to do over again, we’d do term toll on the cost and quality of our folk, VA., but she lived in many places, includ- exactly the same thing.’’ Is our vice president troops would be threatened by the added ing Miami, Boston, Philadelphia, Los Angeles, strain. misleading us again, or does he really believe First, the equipment shortage that the Sydney Australia, and Danville, CA, before that our Iraq policy is working? Is this adminis- U.S. Army faces at the moment is making it settling in Granite Bay over 16 years ago. tration so arrogant, so stubborn, so unwilling difficult to train troops even at current lev- Though Linda would want to be remem- to admit its mistakes that it wants to continue els. The service has been compensating for bered as a loving wife, mother and grand- the occupation of Iraq ‘‘exactly’’ as it has for this $50 billion equipment shortfall by ship- mother, she made many contributions to the three and a half years? The Administration’s ping to Iraq some of the equipment that it communities in which she lived. In Norfolk, VA continued failure to level with the American needs to train nondeployed and reserve she was President of the local Catholic Youth people and learn from its errors is an affront units. Increasing the number of deployed Organization. In Danville, she was president of troops would compound this readiness prob- to all of us, but most especially to the memory the St. Isidore’s PTA and started a fund rais- lem and leave the Army with little spare ca- ing auction at De La Salle in Concord that is of the 2,671 brave young men and women pacity to respond to other conflicts around who have given their lives for this war of the globe that might demand immediate and still going on; she replicated that program for choice. The Republicans have shown that they urgent action. La Salle College High school when the family lack the humility and the vision to change our Second, the long-term costs of leaning moved to Philadelphia. disastrous course in the Middle East. We’ve even more heavily on our ground troops to During those years, she was very active in lost not only lives and treasure but our stand- fight what is an unpopular war will take its Marriage Encounter and served on various ing in the world as a beacon of freedom and toll on the quality of our Army. At present boards. She loved college football, becoming the Army is compelled to offer promotions to democracy. It is time for a new direction. a devoted follower of the University of Georgia an unprecedented number of its personnel to where Richard and Gloria attended and the [From Washingtonpost.com, Sept. 14, 2006] retain them. Some 98 percent of captains University of Alabama where Chris was a wide WHY WE CAN’T SEND MORE TROOPS were promoted to major this year, and the receiver on the 1989 SEC Championship (By Lawrence J. Korb and Peter Ogden) quality of the next generation of military leaders will suffer if this process is not made team. She and Dick would often travel to both In ‘‘Reinforce Baghdad’’ [op-ed, Sept. 12], schools from California. She was involved in William Kristol and Rich Lowry argue that more selective once again. In addition, even the quadrupling of re- California politics for years, including serving the United States needs to deploy ‘‘substan- cruitment bonuses since 2003 has not been tially’’ more troops to Iraq to stabilize the as the State Private Sector Chair of the Amer- enough to attract adequate numbers of tal- country. Aside from the strategic dubious- ican Legislative Exchange Council (ALEC) for ented men and women to meet the Army’s ness of their proposal—Kristol and Lowry’s the state of California for a number of years personnel goals. Although the Army has ac- piece might alternatively have been titled and as the national Private Sector Chair in the cepted more troops with lower aptitude ‘‘Reinforcing Failure’’—there is a practical scores and raised its maximum enlistment early 1990s. For her service, she received the obstacle to it that they overlook: Sending age, it still must grant waivers to about 1 Thomas Jefferson Award. more troops to Iraq would, at the moment, out of 5 new recruits and has had to cut in She ran an event planning company that threaten to break our nation’s all-volunteer half the number who ‘‘wash out’’ in basic helped to bring policy makers together with Army and undermine our national security. training. advocates and those impacted by policy deci- This is not a risk our country can afford to While we disagree with Kristol and take. sions. Her clients included Pfizer and Johnson Lowry’s contention that sending more troops In their search for additional troops and and Johnson. She was also the secretary of to Iraq would bring peace and stability to equipment for Iraq, the first place that the Granite Bay Municipal Advisory Council for the country, the U.S. Army and National Kristol and Lowry would have to look is the a number of years when Dick served as the Guard and Reserve should nevertheless pos- active Army. But even at existing deploy- sess the capacity to respond to such a plan or Chair. She also served on Board of the Arthri- ment levels, the signs of strain on the active other deployments without undue strain and tis Foundation of Northern California. Army are evident. In July an official report long-term costs. The solution is to do two In 2001, after her husband became sick, revealed that two-thirds of the active U.S. things that the Bush administration has not: they moved to Hilton Head Island, South Army was classified as ‘‘not ready for com- permanently increase the number of troops bat.’’ When one combines this news with the Carolina where they thought they would spend in the active Army and fully fund its equip- fact that roughly one-third of the active the rest of their lives. When she was re- ment needs. Let this, not the expenditure of Army is deployed (and thus presumably diagnosed with cancer in 2004, they moved more blood and treasure in Iraq, be the ‘‘cou- ready for combat), the math is simple but back to Granite Bay. She was greatly admired rageous act of presidential leadership’’ that the answer alarming: The active Army has by many and continued to positively touch Kristol and Lowry desire. close to zero combat-ready brigades in re- many lives even in her last days fighting this serve. f disease. Her legacy as a devoted daughter, The second place to seek new troops and sister, wife, mother, mother-in-law, grand- equipment is the Army National Guard and TRIBUTE TO LINDA BUTLER Reserve. But the news here is, if anything, COSTIGAN mother, and dear friend will be remembered worse. When asked by reporters to comment and cherished by all she touched. on the strain that the active Army was HON. DIANE E. WATSON f under, the head of the National Guard said OF CALIFORNIA that his military branch was ‘‘in an even HONORING ANNE-MARIE GNACEK more dire situation than the active Army. IN THE HOUSE OF REPRESENTATIVES We both have the same symptoms; I just Thursday, September 14, 2006 HON. ROBERT E. (BUD) CRAMER, JR. have a higher fever.’’ OF ALABAMA Ms. WATSON. Mr. Speaker, it is with great Already, the stress of Iraq and Afghanistan IN THE HOUSE OF REPRESENTATIVES on our soldiers has been significant: Every sadness that I announce the passing my dear available active-duty combat brigade has friend and colleague, Linda Butler Costigan. Thursday, September 14, 2006 served at least one tour in Iraq or Afghani- Linda Butler Costigan passed away peace- Mr. CRAMER. Mr. Speaker, I rise today to stan, and many have served two or three. fully on Sept. 6, 2006 at Sutter Roseville Med- recognize and honor one of my constituents, Likewise, the vast majority of Army Na- ical Center after a long battle with metastatic Ms. Anne-Marie Gnacek upon her retirement tional Guardsmen and Reservists have been breast cancer. She was born on Dec. 20, after 50 years of managing, designing, and mobilized since Sept. 11, 2001, some more than once. 1946 in White Plains, NY to the late George developing simulations to evaluate our Na- Thus the simple fact is that the only way and Faye Butler. She is survived by her be- tion’s ability to intercept and destroy foreign for Kristol and Lowry to put their new plan loved husband of 42 years, Richard S. missiles. into action anytime soon without resorting Costigan, Jr. (Dick) of Granite Bay, CA and Beginning in 1956, Ms. Gnacek worked for to a draft—and thereby dismantling the all- sons, Richard, III and wife Gloria of Granite a variety of defense related engineering com- volunteer Army, which, as the authors them- Bay, CA and Chris and wife Gabby, who now panies. With the exception of choosing to stay selves would certainly admit, could be stra- live in Hong Kong. at home to raise her two sons in the 1960s, tegically disastrous—is by demanding even She was the devoted ‘‘Gram’’ to her three she has worked continuously on developing more from our soldiers by accelerating their training and rotation schedules. While there grandchildren, Eric Samuel, Emma Laraine software simulations to help develop our Na- is no question that the soldiers would re- and Andrew Butler, of Granite Bay, CA. She is tion’s space and missile development pro- spond to more frequent calls to duty, it is also survived by her sister, Mary Catherine grams, including the Navy’s Polaris missile doubtful that they would be supplied with Butler-Adkins and husband, Frank of Virginia and the development of our National Missile proper equipment and training for their mis- Beach, VA. Defense initiative.

VerDate Aug 31 2005 05:53 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A14SE8.082 E14SEPT1 ccoleman on PROD1PC71 with REMARKS September 14, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1739 Most recently, Ms. Gnacek was involved in THOMAS J. MANTON POST OFFICE the cleanup of uncontrolled or abandoned haz- the independent verification and validation BUILDING ardous waste sites. However, most of his leg- testing of the Ground Based Midcourse De- islative initiatives were focused on various SPEECH OF fense System’s Battle Management Command local issues: stopping the Long Island Rail and Control and In-flight Interceptor Commu- HON. CHARLES B. RANGEL Road from building a waste-transfer station in western Queens, barring the creation of nications systems, and development of simula- OF NEW YORK composting plants for sewage sludge in New tion training aid for the soldiers who will oper- IN THE HOUSE OF REPRESENTATIVES York City, and using amendments to the ate the system. Wednesday, September 13, 2006 Clean Air Act to aid local businesses. As well, Ms. Gnacek also led a team of engineers Mr. RANGEL. Mr. Speaker, I rise today to he also sponsored a law that made benefits to that developed real time simulations of mis- join my colleagues in supporting H.R. 6033 permanently injured police officers, on par with sion experiments and activities to train astro- which would designate the facility of the payments to officers killed in the line of duty. nauts for NASA’s SPACELAB 1 and 2 shuttle United States Postal Service located at 39–25 This loving husband and devoted father was missions. 61st Street in Woodside, New York, as the also a very dear friend and colleague to me ‘‘Thomas J. Manton Post Office Building’’. through all the years we worked together here Mr. Speaker, this month, Ms. Gnacek will As you know, we lost our dear friend Tom in the Congress. retire after 50 years of exceptional service. just a few short months ago, and I cannot It was my privilege to know him and to work Throughout her career, she has devoted her- think of a more fitting tribute to one of the with him on matters involving not only our Na- self towards improving our Nation’s space and most distinguished Members who ever served tion, but the great State of New York. He com- missile development programs and has dili- in this great House, than to see this renaming bined with his charm, an unlimited energy and gently worked to enhance these vital systems become a reality. the highest integrity and work ethic. to meet the ever-changing needs of our coun- The character of Tom Manton’s life might be Tom Manton was indeed a well respected try. summed up in a few words: he was a man of and revered Member of this institution who great commitment, hard-working, an inspiring gave of himself diligently, and was ever zeal- I rise today to join her colleagues, family, leader, and he was dearly passionate about ous to carry through to its ultimate conclusion, and friends in congratulating her on a job well the causes he believed in and the work he did the cause of those who would benefit from his done. I wish her and her family the very best on behalf of his constituency. direction. No one is likely to forget neither the for the future. Manton was a man of great intellect. During courage of his faith nor the warmth of his seven terms in Congress, from 1985 to 1998, friendship. he was an important figure on reauthorization In Tom’s memory, let us move this bill for- of the Superfund program, which provides for ward.

VerDate Aug 31 2005 05:53 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A14SE8.086 E14SEPT1 ccoleman on PROD1PC71 with REMARKS Thursday, September 14, 2006 Daily Digest

HIGHLIGHTS Senate passed H.R. 4954, SAFE Port Act. Senate ance plan required in the budget submission of the Chamber Action Bureau of Customs and Border Protection under sec- Routine Proceedings, pages S9577–S9647 tion 1115 of title 31, United States Code, the Com- Measures Introduced: Eleven bills and three reso- missioner of Customs establish performance indica- lutions were introduced, as follows: S. 3892–3902, S. tors relating to the seizure of methamphetamine and Res. 570–571, and S. Con. Res. 115. Pages S9629–30 methamphetamine precursor chemicals in order to Measures Reported: evaluate the performance goals of the Bureau with H.R. 5689, to amend the Safe, Accountable, respect to the interdiction of illegal drugs entering Flexible, Efficient Transportation Equity Act: A Leg- the United States. Page S9585 acy for Users to make technical corrections, with an Stevens (for DeMint) Amendment No. 5007 (to amendment in the nature of a substitute. Amendment No. 4970), to prohibit the issuance of S. 3901, to authorize trial by military commission transportation security cards to individuals who have for violations of the law of war. Page S9629 been convicted of certain crimes. Pages S9604–05 DeMint Amendment No. 4970, to prohibit the Measures Passed: issuance of transportation security cards to individ- SAFE Port Act: By a unanimous vote of 98 yeas uals who have been convicted of certain crimes. (Vote No. 249), Senate passed H.R. 4954, to im- Page S9604 prove maritime and cargo security through enhanced Stevens (for Lautenberg) Modified Amendment layered defenses, after taking action on the following No. 4942, to require the Secretary of Homeland Se- amendments proposed thereto: Pages S9582–S9617 curity to implement a threat assessment screening Adopted: program for port truck drivers. Pages S9605–07 Stevens (for Wyden/Smith) Amendment No. Stevens (for Vitter) Modified Amendment No. 5001, to modify the definition of the term ‘‘con- 4952, to provide for a process for interim security tainer security device’’. Pages S9584–85 clearance for certain workers. Page S9605 Stevens Amendment No. 5016, to provide a Stevens (for Vitter) Modified Amendment No. phased and temporary anchor movement exception 4961, to ensure that ports that play a critical role for Alaska. Page S9584 in our national energy policy remain eligible for port Stevens (for Snowe) Amendment No. 5018, to security grants. Page S9605 change a conveyance date for Coast Guard property Stevens (for Rockefeller) Modified Amendment in Portland, Maine. Page S9584 No. 4966, to require a report on the implementation Stevens (for Grassley) Amendment No. 5017, of a status of the aircraft charter customer and lessee technical nature. Page S9584 prescreening program. Page S9605 Isakson/Kennedy Modified Amendment No. 4923, to reduce the radiation exposure of maritime workers Stevens (for Menendez) Modified Amendment No. and to reimburse maritime terminal operators for ad- 4997, to standardize the risk-based funding of port ditional costs associated with illnesses or injuries for security grants. Page S9605 which exposure to ionizing or non-ionizing radiation Stevens (for Schumer) Modified Amendment No. from cargo screening procedures required under Fed- 4983, to carry out an ‘‘Apollo Project’’ to research eral law is a contributing cause. Page S9585 and develop new technology for the accurate and ef- Collins (for Baucus) Modified Amendment No. fective detection and prevention of nuclear and radi- 4986, to require that as part of the annual perform- ological threats to United States seaports. Page S9605 D964

VerDate Aug 31 2005 05:46 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D14SE6.REC D14SEPT1 jcorcoran on PRODPC62 with DIGEST September 14, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D965 Rejected: or his designee, and 60 minutes for the majority, Schumer Modified Amendment No. 4930, to im- and that all time be consumed on either Friday, Sep- prove maritime container security by ensuring that tember 15, or Monday, September 18, 2006; further, foreign ports participating in the Container Security that on Tuesday, September 19, 2006, there be 10 Initiative scan all containers shipped to the United minutes for Senators Dorgan and Conrad, respec- States for nuclear and radiological weapons before tively, and 10 minutes equally divided between the loading. (By 61 yeas to 37 nays, Vote No. 248), Chairman and Ranking Member of the Committee Senate tabled the amendment). on Finance; and that following the use, or yielding Pages S9590–S9604, S9607 back of time, Senate vote on final passage of the bill. During consideration of this measure today, the Page S9646 Senate also took the following action: Messages From the House: Page S9629 By a unanimous vote of 98 yeas (Vote No. 247), three-fifths of those Senators duly chosen and sworn, Measures Referred: Page S9629 having voted in the affirmative, Senate agreed to the Measures Read First Time: Pages S9629, S9647 motion to close further debate on the bill. Executive Reports of Committees: Page S9629 Page S9586 Chair sustained a point of order under rule XXII, Additional Cosponsors: Pages S9630–31 that the following amendments were not germane, Statements on Introduced Bills/Resolutions: and the amendments thus fell: Pages S9631–40 Murray (for Stabenow) Amendment No. 4967, to Additional Statements: Pages S9628–29 authorize grants for interoperable communications. Amendments Submitted: Pages S9640–44 Page S9582 Clinton/Dole Amendment No. 4957, to facilitate Notices of Hearings/Meetings: Pages S9644–45 nationwide availability of 2–1–1 telephone service Authorities for Committees to Meet: Page S9645 for information on and referral to human services, in- Privileges of the Floor: Page S9645 cluding volunteer opportunities related to human services. Page S9582 Record Votes: Three record votes were taken today. Clinton Amendment No. 4943, to fund additional (Total—249) Pages S9586, S9607, S9616 research to improve the detection of explosive mate- Adjournment: Senate convened at 9:30 a.m., and rials at airport security checkpoints. Page S9582 adjourned at 6:46 p.m., until 10 a.m., on Friday, Clinton/Schumer Amendment No. 4958, to estab- September 15, 2006. (For Senate’s program, see the lish a grant program for individuals still suffering remarks of the Acting Majority Leader in today’s health effects as a result of the September 11, 2001, Record on page S9647.) attacks in New York City. Page S9582 Nelson (NE) Modified Amendment No. 4945, to Committee Meetings provide emergency agricultural disaster assistance. Page S9590 (Committees not listed did not meet) Boxer Amendment No. 4995, to require the placement of blast-resistant cargo containers on all GLOBAL NUCLEAR ENERGY PARTNERSHIP commercial passenger aircraft. Pages S9605–06 Committee on Appropriations: Subcommittee on Energy Hispanic Heritage Month: Senate agreed to S. and Water, Related Agencies concluded a hearing to Res. 571, recognizing Hispanic Heritage Month and examine the Global Nuclear Energy Partnership, in- celebrating the vast contributions of Hispanic Amer- cluding proposed advanced reactor technologies for icans to the strength and culture of the United recycling nuclear waste, after receiving testimony from Dennis Spurgeon, Assistant Secretary of En- States. Pages S9645–46 ergy, Office of Nuclear Energy; Alan Hanson, U.S.-Oman Free Trade Agreement Implementa- AREVA NC, Inc., Bethesda, Maryland; Kelly tion Act Agreement: A unanimous-consent-time Fletcher, GE Global Research, Fairfield, Connecticut; agreement was reached providing that at a time to and Matthew Bunn, Harvard University John F. be determined by the Majority Leader, after con- Kennedy School of Government, Cambridge, Massa- sultation with the Democratic Leader, Senate begin chusetts. consideration of H.R. 5684, to implement the United States-Oman Free Trade Agreement; that CATCHING TERRORISTS there be 3 hours of debate—2 hours for the minor- Committee on Appropriations: Subcommittee on Home- ity, with 60 minutes for Senator Dorgan, 30 minutes land Security concluded a hearing to examine the for Senator Conrad, 30 minutes for Senator Baucus, British system versus the U.S. system relating to

VerDate Aug 31 2005 05:46 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D14SE6.REC D14SEPT1 jcorcoran on PRODPC62 with DIGEST D966 CONGRESSIONAL RECORD — DAILY DIGEST September 14, 2006 catching terrorists, after receiving testimony from Johnson, of Nevada, to be Commissioner of Rec- Judge Richard Posner, U.S. Court of Appeals for the lamation, who was introduced by Senators Reid and Seventh Circuit; John Yoo, University of California Ensign, both of the Department of the Interior, after at Berkeley Boalt Hall School of Law; and Tom the nominees testified and answered questions in Parker, Halo Partnership Consulting, Chapel Hill, their own behalf. North Carolina. NUCLEAR REGULATORY COMMISSION BUSINESS MEETING Committee on Environment and Public Works: Sub- Committee on Armed Services: Committee ordered favor- committee on Clean Air, Climate Change, and Nu- ably reported an original bill (S. 3901) to authorize clear Safety concluded an oversight hearing to exam- trial by military commission for violations of the law ine Nuclear Regulatory Commission responsibility of war. and capability for long- and short-term spent fuel PREDATORY LENDING PRACTICES storage programs, focusing on the effect on the Committee on Banking, Housing, and Urban Affairs: NRC’s resources of current and proposed nuclear Committee concluded a hearing to examine the De- waste management programs, after receiving testi- partment of Defense’s report on predatory lending mony from Edward F. Sproat, III, Director, Office of practices directed at members of the armed forces Civilian Radioactive Waste Management, and R. and their dependents, after receiving testimony from Shane Johnson, Principal Deputy Assistant Secretary David S. C. Chu, Under Secretary of Defense for Per- for Nuclear Energy, both of the Department of En- sonnel and Readiness; Admiral Charles S. Abbot, ergy; Luis A. Reyes, Executive Director for Oper- USN (Ret.), Navy-Marine Corps Relief Society, Ar- ations, United States Nuclear Regulatory Commis- lington, Virginia; William O. Brown, Jr., University sion; Admiral Frank L. Bowman, USN (Ret.), Nu- of North Carolina at Greensboro Department of Ac- clear Energy Institute, Washington, D.C.; and Victor counting and Finance, on behalf of the Consumer Gilinsky, Santa Monica, California. Credit Research Foundation; Lynn Drysdale, Jackson- FEDERAL AGENCIES CONFERENCE ville Area Legal Aid, Jacksonville, Florida; Hilary B. SPENDING Miller, Alexandria, Virginia, on behalf of the Payday Committee on Homeland Security and Governmental Af- Loan Bar Association, and Community Financial fairs: Subcommittee on Federal Financial Manage- Services Association; and Christopher L. Peterson, ment, Government Information, and International University of Florida, Gainesville. Security concluded a hearing to examine Federal RURAL AIR SERVICE agencies spending on conference meetings and travel, Committee on Commerce, Science, and Transportation: Sub- focusing on how they monitor and track conference committee on Aviation concluded a hearing to exam- participation and spending and control these activi- ine rural air service, focusing on the development ties, after receiving testimony from Lisa Fiely, Chief and impact of funding programs including Essential Financial Officer, U.S. Agency for International De- Air Service, and the status of Small Community Air velopment; Nina Rose Hatfield, Deputy Assistant Service Development Program that help small com- Secretary of the Interior for Policy, Management and munities retain or attract air service, after receiving Budget; Lee J. Lofthus, Acting Assistant Attorney testimony from Michael W. Reynolds, Acting As- General for Administration, Department of Justice; sistant Secretary of Transportation for Aviation and Michell Clark, Assistant Secretary of Education for International Affairs; Gerald L. Dillingham, Direc- Management; Edward C. Hugler, Deputy Assistant tor, Physical Infrastructure Issues, Government Ac- Secretary for Operations, Office of the Assistant Sec- countability Office; Faye Malarkey, Regional Airline retary for Administration, Department of Labor; Association, Washington, D.C.; John Torgerson, Clarence C. Crawford, Chief Financial Officer, Office Alaska Department of Transportation, Anchorage; of Personnel Management; Eugene Schied, Deputy and Douglas Kaercher, Hill County Commissioner, Chief Financial Officer, Department of Homeland Havre, Montana, on behalf of the National Associa- Security; Jeffery K. Nulf, Deputy Assistant Secretary tion of Counties. of Commerce for Administration; Richard Holcomb, Deputy Chief Financial Officer, Department of the NOMINATIONS Treasury; and Charles R. Christopherson, Jr., Chief Committee on Energy and Natural Resources: Committee Financial Officer, Department of Agriculture. concluded a hearing to examine the nominations of C. Stephen Allred, of Idaho, to be Assistant Secretary SKILLS-BASED POINT SYSTEM for Land and Minerals Management, who was intro- Committee on Health, Education, Labor, and Pensions: duced by Senators Craig and Crapo, and Robert W. Committee concluded a hearing to examine the value

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of a skills-based point system relating to employ- FEDERAL PROSECUTORS ment-based permanent immigration, after receiving Committee on the Judiciary: On Wednesday, September testimony from Charles M. Beach, Queen’s Univer- 13, Subcommittee on Crime and Drugs concluded a sity John Deutsch Institute for the Study of Eco- hearing to examine challenges facing today’s federal nomic Policy, Kingston, Ontario, Canada; George J. Borjas, Harvard University Kennedy School of Gov- prosecutors, including efforts to combat terrorism, ernment, Cambridge, Massachusetts; Douglas S. violent crime, the exploitation of children, cyber- Massey, Princeton University Woodrow Wilson crime, drug trafficking, civil rights violations, and School of Public and International Affairs, Princeton, corporate and public corruption, after receiving testi- New Jersey; and Alan Tonelson, U.S. Business and mony from Michael A. Battle, Director, Executive Industry Council Educational Foundation, Wash- Office for United States Attorneys, and Susan W. ington, D.C. Brooks, U.S. Attorney, Southern District of Indiana, Vice-Chair, Attorney General’s Advisory Committee, BUSINESS MEETING Chair, Office of Management and Budget Sub- Committee on Indian Affairs: Committee ordered favor- committee, both of the Department of Justice; and ably reported the following business items: William I. Shockley, Lake Ridge, Virginia, on behalf H.R. 854, to provide for certain lands to be held of the National Association of Assistant United in trust for the Utu Utu Gwaitu Paiute Tribe; States Attorneys. S. 3648, to compromise and settle all claims in the case of Pueblo of Isleta v. United States, to re- SENIOR SUICIDE store, improve, and develop the valuable on-reserva- tion land and natural resources of the Pueblo; Special Committee on Aging: Committee concluded a S. 3687, to waive application of the Indian Self- hearing to examine mental illness and suicide pre- Determination and Education Assistance Act to a vention, focusing on the quality of geriatric psychi- specific parcel of real property transferred by the atry, and the rate of suicide among senior citizens, United States to 2 Indian tribes in the State of Or- after receiving testimony from Melvin Kohn, Oregon egon; and Department of Human Services, Salem; David Carl The nomination of the nomination of Carl Joseph Steffens, Duke University Medical Center, Durham, Artman, of Colorado, to be Assistant Secretary of the North Carolina; Christopher C. Colenda, Texas A&M Interior for Indian Affairs. University, College Station; Art Walaszek, Univer- Prior to this action, committee concluded a hear- sity of Wisconsin School of Medicine and Public ing to examine the nomination of Carl Joseph Health, Madison; and David Shern, National Mental Artman (listed above), after the nominee testified Health Association, Alexandria, Virginia. and answered questions in his own behalf. h House of Representatives that potential litigants may seek damages and attor- Chamber Action ney’s fees, with an amendment (H. Rept. 109–657); Public Bills and Resolutions Introduced: 19 pub- H.R. 4772, to simplify and expedite access to the lic bills, H.R. 6070–6088; and 11 resolutions, H. Federal courts for injured parties whose rights and Con. Res. 473–475; and H. Res. 1010–1013 were privileges under the United States Constitution have introduced. Pages H6654–55 been deprived by final actions of Federal agencies or other government officials or entities acting under Additional Cosponsors: Pages H6655–56 color of State law, and for other purposes, with an Reports Filed: Reports were filed today as follows: amendment (H. Rept. 109–658); H.R. 1369, to prevent certain discriminatory tax- H.R. 5863, to authorize temporary emergency ex- ation of natural gas pipeline property (H. Rept. tensions to certain exemptions to the requirements 109–656); with respect to polychlorinated biphenyls under the H.R. 2679, to amend the Revised Statutes of the Toxic Substances Control Act (H. Rept. 109–659); United States to eliminate the chilling effect on the H.R. 4809, to amend the provisions of chapter 35 constitutionally protected expression of religion by of title 44, United States Code, commonly referred State and local officials that results from the threat to as the Paperwork Reduction Act, to ensure

VerDate Aug 31 2005 05:46 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D14SE6.REC D14SEPT1 jcorcoran on PRODPC62 with DIGEST D968 CONGRESSIONAL RECORD — DAILY DIGEST September 14, 2006 usability and clarity of information disseminated by Rejected: Federal agencies, and to facilitate compliance with Scott of Virginia amendment (No. 2 printed in H. Federal paperwork requirements (H. Rept. Rept. 109–647) that sought to allow the Attorney 109–660); and General to direct agencies within the Department of H.R. 5312, to amend the Indian Health Care Im- Justice to award individual contracts to Federal Pris- provement Act to revise and extend that Act, with on Industries (FPI) on a non-competitive basis (by a an amendment (H. Rept. 109–661, Pt. 1). recorded vote of 77 ayes to 339 noes, Roll No. 441); Page H6654 and Pages H6576–77, S6578 Chaplain: The prayer was offered by the guest Scott of Virginia amendment (No. 5 printed in H. Chaplain, Rabbi Amy Rader, B’nai Torah Congrega- Rept. 109–647) that sought allow Federal Prison In- tion, Boca Raton, Florida. Page H6537 dustries (FPI) to continue service contracts of the na- ture and to the extent it was doing so on the date Recess: The House recessed at 9:04 a.m. and recon- of enactment of the bill (by a recorded vote of 80 vened at 10 a.m. Page H6537 ayes to 332 noes, Roll No. 442). Pages H6577–79 Federal Prison Industries Competition in Con- H. Res. 997, the rule providing for consideration tracting Act of 2006: The House passed H.R. of the bill was agreed to on yesterday, Wednesday, 2965, to amend title 18, United States Code, to re- September 13th, by voice vote after ordering the quire Federal Prison Industries to compete for its previous question. contracts minimizing its unfair competition with Establishing operational control over the inter- private sector firms and their non-inmate workers national land and maritime borders of the and empowering Federal agencies to get the best United States: The House passed H.R. 6061, to es- value for taxpayers’ dollars, to provide a 5-year pe- tablish operational control over the international riod during which Federal Prison Industries adjusts land and maritime borders of the United States, by to obtaining inmate work opportunities through a recorded vote of 283 ayes to 138 noes with 1 vot- other than its mandatory source status, to enhance ing ‘‘present’’, Roll No. 446. Pages S6540–61, S6580–96 inmate access to remedial and vocational opportuni- Rejected the Thompson of Mississippi motion to ties and other rehabilitative opportunities to better recommit the bill to the Committee on Homeland prepare inmates for a successful return to society, to Security with instructions to report the bill back to authorize alternative inmate work opportunities in the House forthwith with an amendment, by a yea- support of non-profit organizations and other public and-nay vote of 193 yeas to 224 nays, Roll No. 445, service programs, by a yea-and-nay vote of 362 yeas after ordering the previous question. Pages H6593–95 to 57 nays, Roll No. 443, after ordering the previous H. Res. 1002, the rule providing for consideration question. Pages H6561–80 of the bill was agreed to by voice vote, after agreeing Pursuant to the rule, the amendment in the na- to order the previous question, by a yea-and-nay vote ture of a substitute recommended by the Committee of 224 yeas to 190 nays, Roll No. 444. on the Judiciary now printed in the bill shall be considered as an original bill for the purpose of Pages H6580–81 amendment and shall be considered as read. Water Resources Development Act of 2006— Page H6567 Motion to Instruct Conferees: The House agreed Agreed to: to the Melancon motion to instruct conferees on Sensenbrenner Manager’s amendment (No. 1 H.R. 2864, to provide for the conservation and de- printed in H. Rept. 109–647) modifies 13 dates in velopment of water and related resources, to author- various provisions of the bill to reflect the passage ize the Secretary of the Army to construct various of time since the bill’s introduction, which were not projects for improvements to rivers and harbors of modified during the Committee’s consideration. Also the United States, by a yea-and-nay vote of 340 yeas corrects one sectional cross reference and a reference to 79 nays, Roll No. 447. Consideration of the mo- to an Executive Branch agency. The amendment tion began on yesterday, Wednesday, September adds a provision explicitly requiring Federal Prison 13th. Pages H6596–97 Industries (FPI) to establish a cost accounting system The Chair appointed as conferees on H.R. 2864: which was implicit in, and necessary to implement, From the Committee on Transportation and Infra- the amendment by Rep. Issa which was adopted dur- structure, for consideration of the House bill and the ing Judiciary Committee consideration of the bill; Senate amendment, and modifications committed to and to make a grammatical correction to the Issa conference: Messrs. Young of Alaska, Duncan, Baker, amendment. Pages H6575–76

VerDate Aug 31 2005 05:46 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D14SE6.REC D14SEPT1 jcorcoran on PRODPC62 with DIGEST September 14, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D969 Gary G. Miller of California, Brown of South Caro- Senate Referrals: S. 1902 was referred to the Com- lina, Boozman, Oberstar, Ms. Eddie Bernice Johnson mittee on Energy and Commerce; and S. 2464 was of Texas, Messrs. Costello, and Bishop of New York; referred to the Committee on Resources. Page H6652 Page H6597 Quorum Calls—Votes: Six yea-and-nay votes and From the Committee on Resources, for consider- four recorded votes developed during the proceedings ation of secs. 2017, 2020, 2025, and 2027 of the of today and appear on pages H6578, H6579, House bill, and secs. 3019, 5007, and 5008 of the H6580, H6580–81, H6595, H6595–96, H6596–97, Senate amendment, and modifications committed to H6614, H6614–15 and H6616. There were no conference: Mr. Pombo, Mrs. Musgrave, and Mr. quorum calls. Kind. Page H6597 Adjournment: The House met at 9 a.m. and ad- Providing for earmarking reform in the House journed at 10:40 p.m. of Representatives—Rule for Consideration: The House agreed to H. Res. 1003, providing for the adoption of H. Res. 1000, amended, providing for Committee Meetings earmarking reform in the House of Representatives, by a recorded vote of 245 ayes to 171 noes, Roll No. FEDERAL FARM POLICY 449, after agreeing to order the previous question by Committee on Agriculture: Subcommittee on General a yea-and-nay vote of 218 yeas to 194 nays, Roll Farm Commodities and Risk Management held a No. 448. Pages H6597–H6616 hearing to Review Federal Farm Policy. Testimony Suspension—Proceedings Resumed: The House was heard from the following former Secretaries of agreed to suspend the rules and pass the following Agriculture: John R. Block; Clayton Yeutter; and measure which was debated on Wednesday, Sep- Dan Glickman. tember 13th: FBI TRANSFORMATION Designating the facility of the United States Postal Service located at 39–25 61st Street in Committee on Appropriations: Subcommittee on Science, Woodside, New York, as the ‘‘Thomas J. Manton the Departments of State, Justice, and Commerce, Post Office Building’’: H.R. 6033, to designate the and Related Agencies held a hearing on FBI Trans- formation. Testimony was heard from the following facility of the United States Postal Service located at officials of the Department of Justice: Robert 39–25 61st Street in Woodside, New York, as the Mueller, Director, FBI; and Glenn A. Fine, Inspector ‘‘Thomas J. Manton Post Office Building’’, by a 2/ General; the following officials of the Congressional 3 yea-and-nay vote of 403 yeas with none voting Research Service, Library of Congress: Alfred ‘‘nay’’, Roll No. 450. Page H6616 Cumming, Specialist in Intelligence and National Meeting Hour: Agreed that when the House ad- Security Foreign Affairs, Defense and Trade Division; journs today, it adjourn to meet at 11 a.m. on to- and Todd Masse, Specialist in Domestic Intelligence morrow, Friday, September 15th, and further, when and Counterterrorism, Domestic Social Policy Divi- the House adjourns on that day, it adjourn to meet sion; and former Governor of Pennsylvania and at 12:30 p.m. on Tuesday, September 19, 2006, for former Attorney General Dick L. Thornburgh, Fel- Morning Hour debate. Page H6617 low, National Academy of Public Administration. Calendar Wednesday: Agreed by unanimous con- sent to dispense with the Calendar Wednesday busi- BASEL CAPITAL COMMERCIAL REAL ESTATE REGULATIONS ness of Wednesday, September 20, 2006. Page H6617 Requesting the return of H.R. 503: The House Committee on Financial Services: Subcommittee on Fi- agreed by unanimous consent to H. Res. 1011, re- nancial Institutions and Consumer Credit held a questing the Senate to return to the House of Rep- hearing entitled ‘‘A Review of Regulatory Proposals on Basel Capital and Commercial Real Estate.’’ Tes- resentatives official papers on H.R. 503, to amend timony was heard from Susan Schmidt Bies, member the Horse Protection Act to prohibit the shipping, Board of Governors, Federal Reserve System; Sheila transporting, moving, delivering, receiving, pos- C. Blair, Chairman, FDIC; from the following offi- sessing, purchasing, selling, or donation of horses cials of the Department of the Treasury: John C. and other equines to be slaughtered for human con- Dugan, Comptroller of the Currency; and John M. sumption. Page H6618 Reich, Director, Office of Thrift Supervision; Robert Senate Message: Message received from the Senate L.D. Colby, Acting Director, Division of Market today appear on page H6540. Regulation, SEC; and public witnesses.

VerDate Aug 31 2005 05:46 Sep 15, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D14SE6.REC D14SEPT1 jcorcoran on PRODPC62 with DIGEST D970 CONGRESSIONAL RECORD — DAILY DIGEST September 14, 2006 INTERIOR DEPARTMENT MANAGEMENT bia Fair and Equal House Voting Rights Act of Committee on Government Reform: Held a hearing enti- 2006. Testimony was heard from Governor Jon M. tled ‘‘Part Two, Interior Department: A Culture of Huntsman, Jr., of Utah; and public witnesses. Managerial Irresponsibility and Lack of Account- ability?’’ Testimony was heard from the following PATENT AND TRADEMARK OFFICE FILING officials of the Department of the Interior: P. Lynn Committee on the Judiciary: Subcommittee on Courts, Scarlett, Deputy Secretary; and Johnnie Burton, Di- the Internet, and Intellectual Property held a hearing rector, Minerals Materials Management Service. on H.R. 5120, to amend title 35, United States Code, to conform certain filing provisions within the BRIEFING—RECENT PLOT TO DETONATE Patent and Trademark Office. Testimony was heard LIQUID EXPLOSIVES CARRIED ON from Jon W. Dudas, Under Secretary, Intellectual AIRLINERS TRAVELING TO THE UNITED Property and Director, U.S. Patent and Trademark STATES Office, Department of Commerce; and public wit- Committee on Homeland Security: Met in executive ses- nesses. sion to receive a briefing on the recent plot to deto- MISCELLANEOUS MEASURES nate liquid explosives carried on airliners traveling Committee on Resources, Subcommittee on Fisheries and from the United Kingdom to the United States. The Oceans held a hearing on the following bills: H.R. Committee was briefed by departmental witnesses 4953 (S. 2430), Great Lakes Fish and Wildlife Res- NUCLEAR AND BIOLOGICAL ATTACK toration Act of 2006; and H.R. 4345 (S. 2041), Ed PREVENTION SCIENCE Fountain Park Expansion Act. Testimony was heard Committee on Homeland Security: Subcommittee on Pre- from Representatives Kirk and Berkley; Charles vention of Nuclear and Biological Attack held a Wooley, Deputy Regional Director, Great Lakes-Big hearing entitled ‘‘The Science of Prevention.’’ Testi- Rivers Region, U.S. Fish and Wildlife Service, De- mony was heard from John Marburger, Director, Of- partment of the Interior; Gerry Barnhart, Director, fice of Science and Technology Policy; the following Division of Fish, Wildlife and Marine Resources, officials of the Department of Homeland Security: Department of Environmental Conservation, State of Jay Cohen, Under Secretary, Science and Technology; New York; Lawrence Weekly, Councilman, City of and Vayl Oxford, Director, Domestic Nuclear Detec- Las Vegas, Nevada; and public witnesses. tion Office; and public witnesses. MISCELLANEOUS MEASURES FEDERAL ELECTION INTEGRITY ACT OF Committee on Resources: Subcommittee on Forests and 2006 Forest Health held a hearing on the following bills: Committee on House Administration: Ordered reported, H.R. 5690, Ouachita National Forest Boundary Ad- as amended, H.R. 4844, Federal Election Integrity justment Act of 2006; H.R. 5756, Colorado Emer- Act of 2006. gency Wildfire and Insect Infestations Response Act OVERSIGHT—JAPAN’S RELATIONS WITH of 2006; H.R. 5769, Washington County Growth ITS NEIGHBORS and Conservation Act of 2006; and S. 447, Jornada Experimental Range Transfer Act of 2005. Testi- Committee on International Relations: Held an oversight mony was heard from Chad Calvert, Principal Dep- hearing on Japan’s Relations with Its Neighbors: uty Assistant Secretary, Land and Minerals Manage- Back to the Future? Testimony was heard from pub- ment, Department of the Interior; and Mark Rey, lic witnesses. Under Secretary, Natural Resources and the Environ- OVERSIGHT—U.S.-MIDDLE EAST AND ment, USDA. CENTRAL ASIA POLICY OVERSIGHT—REVIEW OF COAST GUARD Committee on International Relations: Subcommittee on MISSION PERFORMANCE the Middle East and Central Asia held an oversight hearing entitled ‘‘Is There a Clash of Civilizations? Committee on Transportation and Infrastructure: Sub- Islam, Democracy, and U.S.-Middle East and Central committee on Coast Guard and Maritime Transpor- Asia Policy.’’ Testimony was heard from public wit- tation held an oversight hearing on the Review of nesses. Coast Guard Mission Performance. Testimony was heard from the following officials of the Department D.C. FAIR AND EQUAL HOUSE VOTING of Homeland Security: RADM Joseph L. Nimmich, RIGHTS ACT OF 2006 USCG, Assistant Commandant, Policy and Planning, Committee on the Judiciary: Subcommittee on the Constitu- U.S. Coast Guard; and Edward M. Stulginsky, Dep- tion held a hearing on H.R. 5388, District of Colum- uty Assistant Inspector General, Audits.

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MISCELLANEOUS MEASURES; GSA’S FY 2007 building located at 2 South Main Street in Akron, CAPITAL INVESTMENT AND LEASING Ohio, as the ‘‘John F. Seiberling Federal Building;’’ PROGRAM and the General Services Administration’s Fiscal Committee on Transportation and Infrastructure: Sub- Year 2007 Capital Investment and Leasing Program. committee on Economic Development, Public Build- BRIEFING—GLOBAL UPDATES/HOTSPOTS ings and Emergency Management approved for full Committee action the following: H.R. 1105, Dam Permanent Select Committee on Intelligence: Met in execu- Rehabilitation and Repair Act of 2005; H.R. 4981, tive session to receive a briefing on Global Updates/ amended, Dam Safety Act of 2006; H.R. 5026, To Hot Spots. The Committee was briefed by depart- designate the Investigations Building of the Food mental witnesses. and Drug Administration located at 466 Fernandez f Juncos Avenue in San Juan, Puerto, as the ‘‘Andres Toro Building;’’ H.R. 1556, To designate a parcel of COMMITTEE MEETINGS FOR FRIDAY, land located on the site of the Thomas F. Eagleton SEPTEMBER 15, 2006 United States Courthouse in St. Louis, Missouri, as (Committee meetings are open unless otherwise indicated) the ‘‘Clyde S. Cahill Memorial Park;’’ H.R. 5606, To Senate designate the Federal building and United States courthouse located at 221 and 211 West Ferguson No meetings/hearings scheduled. Street in Tyler, Texas as the ‘‘William M. Steger House Federal Building and United States Courthouse;’’ H.R. 2322, To designate the Federal building lo- Committee on Energy and Commerce, Subcommittee on Commerce, Trade, and Consumer Protection, hearing en- cated at 320 North Main Street in McAllen, Texas, titled ‘‘Contact Lens Sales: Is Market Regulation the Pre- as the ‘‘Kika de la Garza Federal Building;’’ H.R. scription?’’ 9:30 a.m., 2322 Rayburn. 5546, amended, To designate the U.S. courthouse to Committee on Government Reform, Subcommittee on Na- be constructed in Greenville, South Carolina, as the tional Security, Emerging Threats and International Rela- ‘‘Carroll A. Campbell, Jr., Federal Courthouse;’’ tions, to continue hearings entitled ‘‘Iraq: Democracy or H.R. 6051, amended, To designate the Federal Civil War?’’ 10 a.m., 2154 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, September 15 11 a.m., Friday, September 15

Senate Chamber House Chamber Program for Friday: Senate will be in a period of morn- Program for Friday: To be announced. ing business. Also, Senate expects to begin consideration of H.R. 5684, U.S.-Oman Free Trade Agreement Imple- mentation Act.

Extensions of Remarks, as inserted in this issue

HOUSE Johnson, Eddie Bernice, Tex., E1731 Rothman, Steven R., N.J., E1726 Johnson, Sam, Tex., E1725 Schakowsky, Janice D., Ill., E1736 Baldwin, Tammy, Wisc., E1726, E1733 Kilpatrick, Carolyn C., Mich., E1722 Sessions, Pete, Tex., E1725 Bean, Melissa L., Ill., E1729 Kline, John, Minn., E1724 Shaw, E. Clay, Jr., Fla., E1723 Bonner, Jo, Ala., E1717, E1717, E1718, E1719 Lantos, Tom, Calif., E1730, E1730 Shimkus, John, Ill., E1724 Bordallo, Madeleine Z., Guam, E1735 Lofgren, Zoe, Calif., E1735 Skelton, Ike, Mo., E1727 Butterfield, G.K., N.C., E1717, E1717, E1727 McCaul, Michael T., Tex., E1729 Stark, Fortney Pete, Calif., E1728 Castle, Michael N., Del., E1719 Maloney, Carolyn B., N.Y., E1734 Stupak, Bart, Mich., E1721 Conyers, John, Jr., Mich., E1737 Michaud, Michael H., Me., E1722 Sweeney, John E., N.Y., E1722 Costa, Jim, Calif., E1717, E1718, E1723 Miller, Brad, N.C., E1730 Tauscher, Ellen O., Calif., E1720 Costello, Jerry F., Ill., E1729 Murtha, John P., Pa., E1723 Cramer, Robert E. (Bud), Jr., Ala., E1737, E1738 Nadler, Jerrold, N.Y., E1733, E1733 Udall, Mark, Colo., E1737 Cuellar, Henry, Tex., E1726 Oberstar, James L., Minn., E1725 Van Hollen, Chris, Md., E1732, E1733, E1734 Davis, Danny K., Ill., E1734 Otter, C.L. ‘‘Butch’’, Idaho, E1724 Wamp, Zach, Tenn., E1733 Diaz-Balart, Lincoln, Fla., E1729 Owens, Major R., N.Y., E1725 Watson, Diane E., Calif., E1738 Drake, Thelma D., Va., E1735 Pelosi, Nancy, Calif., E1727 Weldon, Curt, Pa., E1722 Gerlach, Jim, Pa., E1730, E1731 Petri, Thomas E., Wisc., E1728 Westmoreland, Lynn A., Mac, Ga., E1719 Green, Mark, Wisc., E1722 Poe, Ted, Tex., E1718 Whitfield, Ed, Ky., E1724 Hooley, Darlene, Ore., E1727 Porter, Jon C., Nev., E1734 Wolf, Frank R., Va., E1720 Jackson-Lee, Sheila, Tex., E1720, E1721, E1734 Rangel, Charles B., N.Y., E1732, E1736, E1739 Woolsey, Lynn C., Calif., E1719

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