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

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

Vol. 153 WASHINGTON, TUESDAY, FEBRUARY 6, 2007 No. 22 House of Representatives The House met at 10:30 a.m. and was become true. It is Orwellian double- committee of initial referral has a called to order by the Speaker pro tem- think, an amazing concept. statement that the proposition con- pore (Mr. JOHNSON of Georgia). They believe that if you simply just tains no congressional earmarks. So f say you are lowering drug prices, poof, the chairman of the Appropriations it’s done, ignoring the reality that Committee, Mr. OBEY, conveniently DESIGNATION OF SPEAKER PRO prices really won’t be lowered and submitted to the record on January 29 TEMPORE fewer drugs will be made available to that prior to the omnibus bill being The SPEAKER pro tempore laid be- our seniors. considered, quote, ‘‘does not contain fore the House the following commu- They believe that if you just say you any congressional earmarks, limited nication from the Speaker: are implementing all of the 9/11 Com- tax benefits, or limited tariff benefits.’’ WASHINGTON, DC, mission’s recommendations, it changes But, in fact, Mr. Speaker, this omnibus February 6, 2007. the fact that the bill that was passed spending bill that the Democrats I hereby appoint the Honorable HENRY C. here on the floor doesn’t reflect the to- passed last week contained hundreds of ‘‘HANK’’ JOHNSON, Jr. to act as Speaker pro tality of those recommendations. millions of dollars of earmarks. Demo- tempore on this day. They believe that if you just say you crat doublethink. NANCY PELOSI, are cutting interest rates in half for If we follow this Democrat policy as Speaker of the House of Representatives. college students, it doesn’t matter that long as you submit to the record that f in reality you’ve pulled a bait-and- there are no earmarks, you can feel MORNING HOUR DEBATES switch, with the rate cut lasting just 6 free to just load up any appropriations months. bill with as many earmarks as you like The SPEAKER pro tempore. Pursu- Mr. Speaker, saying it doesn’t make with absolutely no accountability. ant to the order of the House of Janu- it so. And Democratic doublethink does Their actions completely violate the ary 4, 2007, the Chair will now recog- a disservice to this Nation. spirit of our earmarking rule, designed nize Members from lists submitted by Now this makes for great talking to bring greater transparency to our the majority and minority leaders for points and great press releases, but spending process. Rather than take the morning hour debates. The Chair will yields very little for the people back new rule seriously, the Democrat ma- alternate recognition between the par- home. Rather than bold policy initia- jority has used this sly interpretation ties, with each party limited to not to tives, people are starting to realize that essentially allows for unlimited exceed 30 minutes, and each Member, that the Democratic agenda has been earmarks. In this new Democrat major- except the majority leader, the minor- more pop than fizz. And now, Mr. ity, if you just close your eyes and say ity leader, or the minority whip, lim- Speaker, the Democrats are using this there are no earmarks, miraculously ited to not to exceed 5 minutes. Orwellian newspeak, doublethink, in millions of dollars of earmarks are The Chair recognizes the gentleman regard to spending Americans’ hard- wasted on things like rain forests in from Georgia (Mr. PRICE) for 5 minutes. earned tax dollars. Iowa. f On December 11 of last year, 2006, the This isn’t the type of open and honest two chairmen of the Appropriations government that our constituents ex- ORWELLIAN EARMARKING Committee in the House and Senate, pected in this Congress. Mr. Speaker, Mr. PRICE of Georgia. Mr. Speaker, OBEY and BYRD, said, and I quote, this doublethink is unacceptable to the in his novel, 1984, George Orwell pre- ‘‘There will be no congressional ear- American people, who work hard every sents this concept of doublethink, marks in the joint funding resolution day to provide for their families only which is defined as, ‘‘The power of that we will pass.’’ No earmarks. But to have Washington throw away their holding two contradictory beliefs in sadly, once again, the facts just don’t money, unsupervised, on pork projects. one’s mind simultaneously and accept- match the promises. Democratic There was a positive and honest and ing both of them.’’ doublethink is alive and well. principled alternative to this spending I come to the floor today, Mr. Speak- The majority used a loophole in the injustice. Republicans offered an alter- er, to review the repetitive lack of House rules to include millions of dol- native eliminating these earmarks and openness and accountability that we lars of earmarks by simply saying that targeting funds for military housing have seen on this House floor over the there were none. Clause 9 of rule XXI of and drug enforcement. Our friends on last month. Time and again, this new the House rules says that it shall not the other side of the aisle chose to ig- majority has governed on the premise be in order to consider a bill or joint nore it and throw money at their pet that if you simply just say it, it will resolution unless the chairman of each earmark projects.

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.

H1213

VerDate Aug 31 2005 04:07 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A06FE7.000 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE H1214 CONGRESSIONAL RECORD — HOUSE February 6, 2007 For 12 years our colleagues on the But, Mr. Speaker, I came to the floor declares the House in recess until noon other side blamed Republicans for today to make a few comments about today. every ill under the sun, and now that it the situation in Iraq. There is much Accordingly (at 10 o’clock and 43 is their time to govern, they hide be- ado in the other body to work to catch minutes a.m.), the House stood in re- hind bumper sticker and press release up with the reality on the ground in cess until noon. politics. Never before has such an enor- Iraq and where the American public is. f mous amount of taxpayer money been This is not the time just to oppose es- 1200 spent so quickly, over $400 billion in calation of more troops in Iraq. We find b one hour. that the 21,000 that the President re- AFTER RECESS If our friends on the other side of the ferred to is actually going to mean 50 The recess having expired, the House aisle truly desired to clean up ear- additional thousand when you put all was called to order at noon. marks and bring greater transparency the support in. It is time for Congress f to our spending, why would they then to deal in a comprehensive fashion make this their first act? Their actions with what we need to do to make the PRAYER simply don’t match their rhetoric. The best of this tragically mismanaged sit- The Chaplain, the Reverend Daniel P. American people expect more than a uation, a war of choice that we didn’t Coughlin, offered the following prayer: wink and a nod that they have gotten have to do, sadly mismanaged by the Creator of the stars in the heavens so far from this Democrat majority. administration. It is time for Congress and all upon Earth, the winter sun You Democrat doublethink does a dis- to rediscover our war powers with Iraq, let shine upon our Nation is a great service to our Nation. and even more important, the saber gift for which we give You thanks. In George Orwell’s 1984 Doublethink rattling that is directed now towards In the midst of cold winds and uncer- Newspeak, he said that the lie always Iran. It is time for us to rediscover the tain and sometimes disastrous weather was one step ahead of the truth; but power of the purse, not provide an patterns, the consistent warm rays of the American people are catching up, open-ended bank account, but tighten light fall upon the good and the bad, Mr. Speaker. Just saying something down the resources that are provided the believers and unbelievers alike. doesn’t make it so. by Congress to the administration, and Gradually, the days are already grow- f to rediscover oversight where there are ing longer but like the movement of daily reminders in every major news- IT’S TIME FOR A NEW DIRECTION Your grace often unnoticed. paper of where Congress in the last few Lord, You are ever-present, espe- IN IRAQ years has frankly been missing in ac- cially to those most in need. Show tion. The SPEAKER pro tempore. Pursu- Your mercy to the most vulnerable, ant to the order of the House of Janu- To be able to advance those goals in a comprehensive fashion, I have intro- the children, the poor, the elderly, the ary 4, 2007, the gentleman from Oregon homeless. We commend them to You (Mr. BLUMENAUER) is recognized during duced new directions for Iraq. It sets forth goals for United States policy, now and forever. morning hour debates for 5 minutes. Amen. Mr. BLUMENAUER. Mr. Speaker, I supporting the Iraqi people, preventing come to the floor with some observa- greater violence, reestablish our inter- f tions about Iraq, but I must comment national credibility and military readi- THE JOURNAL ness, and focusing on real national se- on the presentation I just heard from The SPEAKER. The Chair has exam- curity threats. It calls not for esca- my friend from Georgia. ined the Journal of the last day’s pro- lation, but prohibiting the escalation You know, Mr. Speaker, independent ceedings and announces to the House without specific congressional ap- observers agree that Democrats have her approval thereof. moved quickly and aggressively to im- proval, and for the redeployment of troops from Iraq to be completed in ap- Pursuant to clause 1, rule I, the Jour- plement what we said we were going to nal stands approved. do in the first 100 hours. I find it dis- proximately 1 year. ingenuous that our friend was talking It calls for the United States to for- f about somehow the Democrats not swear the establishment of permanent PLEDGE OF ALLEGIANCE dealing with its commitment on ear- bases in Iraq, as well as U.S. control over Iraq’s oil infrastructure and eco- The SPEAKER. Will the gentleman marks, and mentioning the rain forest from Oregon (Mr. WALDEN) come for- in Iowa. Mr. Speaker, again, inde- nomic policies. It redirects United States reconstruction funding from ward and lead the House in the Pledge pendent observers agree that Mr. OBEY of Allegiance. and Mr. BYRD did bring forward a clean large foreign contractors to Iraqi- owned businesses to help create jobs in Mr. WALDEN of Oregon led the continuing resolution that didn’t have Pledge of Allegiance as follows: any new earmarks. It killed the ear- Iraq. It instructs the President to nul- lify contracts where any company has I pledge allegiance to the Flag of the marks that had been set aside in the United States of America, and to the Repub- failed budget of the Republicans in the not fulfilled an Iraq reconstruction contract, and to recover lost funds. lic for which it stands, one nation under God, last session of Congress. indivisible, with liberty and justice for all. What my friend is talking about, the We ought not to just stop the fraud in terms of the contracting, but we f rain forest in Iowa, was an earmark ought to aggressively punish war prof- from several years ago, a Republican PRESIDENT BUSH UNDERESTI- iteering, encouraging Congress to in- earmark, I might say, from several MATES NUMBER OF TROOPS AND vestigate and the Attorney General to years ago. And now he is suggesting AMOUNT OF MONEY NEEDED aggressively prosecute profiteering and that as we have moved forward to clean FOR TROOP ESCALATION PLAN fraud. up the budget mess left by the Repub- It requires a regional diplomatic ini- (Mr. WALZ of Minnesota asked and licans, failing to meet their commit- tiative because ultimately it is going was given permission to address the ments to produce budgets in a timely to require diplomacy on the part of the House for 1 minute.) fashion, that we didn’t go back and United States and all of the sur- Mr. WALZ of Minnesota. Madam surgically remove earmarks that they rounding countries to be able to turn Speaker, last week, the nonpartisan had scattered throughout the budget this around. Congressional Budget Office released a for years. Well, I’m sorry. With all due I strongly urge my colleagues to look report saying that President Bush is respect to George Orwell and my friend at the New Direction For Iraq Act of understating the number of troops and from Georgia, I think that is 2007 as a comprehensive way to change the amount of money needed to move doublespeak. We did what we said we the situation in Iraq. forward with his troop escalation plan. were going to do. The CR has come for- While the President claims he plans f ward without earmarks, and we have to send 21,500 troops to Iraq, the Con- put in place a much more transparent RECESS gressional Budget Office says the num- process so people will know who is The SPEAKER pro tempore. Pursu- ber will be as high as 48,000. As any sol- doing what on whose behalf. ant to clause 12(a) of rule I, the Chair dier like myself knows, that to put a

VerDate Aug 31 2005 00:37 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.002 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE February 6, 2007 CONGRESSIONAL RECORD — HOUSE H1215 combat unit on the ground you need Ms. EDDIE BERNICE JOHNSON of to fight the war. Soldiers may face substantial support forces, including Texas. Mr. Speaker, I would like to ex- danger, soldiers may risk their lives personnel to staff headquarters, serve press my strong support for H.R. 808, as and sometimes lose their lives, but the as military police, provide communica- it would create a U.S. Department of least a Nation can do that sends a tions, provide mess facilities, engineer- Peace. young person into harm’s way is to ing and other services. The importance of peace in the world fully support, fully equip and fully The Congressional Budget Office also today is often overlooked due to the se- allow that young person to be success- said that the President has seriously verity of constant conflict, but, as a ful to protect their own lives. underestimated the cost of troop esca- mother and lawmaker, the reality of And yet this administration has not lation. While President Bush claims it war concerns me for the future of our done that. We failed in the early part should not cost any more than $5.6 bil- Nation and this planet. The promotion of this war to provide Kevlar. This ad- lion, the Congressional Budget Office of peace, not violence, should be num- ministration has failed to provide says a 4-month deployment will cost ber one on our agenda. Humvees that were fully armored for between $9 and $13 billion, 12 months For years, I have worked to raise our young people, and now what we see between $20 and $27 billion. This is a awareness in the women within our so- is tens of billions in backlog on main- 400 percent underestimate. ciety, and around the world, so that tenance so that the equipment that Madam Speaker, this is a serious re- they can spread the word of peace and young people are relying on to protect port that cannot and will not be ig- build a culture of peace in this world. their lives and to fully do their duty is nored. President Bush cannot expect Women in themselves are a powerful unavailable. Members of Congress to support his entity, and I believe by working to- This is wrong, and we must call at- troop escalation plan when he is not gether we as a society can stop the es- tention to this wrong, and we must do telling us the whole story on the num- something about it now. ber of troops and the funds involved to calation of violence. We can prevail by f make it happen. joining together and building a U.S. Department of Peace. War is not the NO END BUT VICTORY f way, but peace is. (Mr. WILSON of South Carolina CONGRESSIONAL INACTION JEOP- I am proud to support this resolution, asked and was given permission to ad- ARDIZES HOOD RIVER COUNTY creating a U.S. Department of Peace dress the House for 1 minute and to re- SEARCH AND RESCUE and urge my colleagues’ support. vise and extend his remarks.) (Mr. WALDEN of Oregon asked and f Mr. WILSON of South Carolina. Mr. was given permission to address the SUPPORT REPUBLICAN SENATORS Speaker, as debate continues sur- House for 1 minute and to revise and rounding President Bush’s new way (Ms. FOXX asked and was given per- extend his remarks.) forward in Iraq, I hope all sides are mission to address the House for 1 Mr. WALDEN of Oregon. Mr. Speak- heard. minute.) er, the failure of Congress to reauthor- I am a 31-year veteran of the South Ms. FOXX. Mr. Speaker, I rise today ize the Secure Rural Schools and Com- Carolina Army National Guard. I have in disbelief at the actions of the Demo- munity Self-Determination Act four sons serving in the military, the cratic Senators’ resolutions against amounts to a breach of faith to the al- eldest of whom served for a year in the United States efforts in Iraq. These most 600 forested counties across Iraq. I sit on the Armed Services Com- very same Senators voted unanimously America and 4,400 school districts. mittee, and I have visited Iraq six Hood River County, Oregon, is my to confirm General David Petraeus. It times and Afghanistan twice. I am home and hosts two of Oregon’s icons: is unbelievably hypocritical to under- committed to my family and our Na- Mount Hood and the powerful Colum- mine the efforts of the very man they tion’s survival and prosperity, all of bia River, both attractions for outdoor confirmed, along with all the brave which will be threatened should we not recreation and the dangers that come men and women who serve with him. triumph in the global war on ter- with it. Surely you remember the De- The actions of these Senators will cember search for the mountain climb- rorism. simply encourage the terrorists and As elected public officials, Members ers lost on Mount Hood? This event un- undermine the U.S. efforts to succeed folded just miles from my home. of Congress have an obligation to de- in Iraq and the war on terror. Repub- bate war strategy and exercise congres- The county paid for this rescue and licans want to debate this issue, yet recovery effort entirely with county sional oversight. If by conscience they the Democrats only want to pass a res- disagree with the President’s direction, payment funds. This included the air- olution. It is time to take a real stand planes, snowcats and equipment for they have a responsibility to put forth on the issue. If the Democrats want to an alternative plan. volunteers, radios and medical sup- end the war, then they should stand up plies. Political posturing in the form of and call for it. nonbinding resolutions, however, County Sheriff Joe Vampler says, The hypocritical actions of the ‘‘We will do search and rescue on Fed- brings nothing to the debate regarding Democrats are wrong. They have of- eral lands and waterways no matter the protection of American families. fered no plan for success in Iraq and what but the Nation must share this In conclusion, God bless our troops, are interfering with the President’s cost.’’ and we will never forget September 11. powers to execute a war that the Con- County payments also fund many f gress has already approved. Democrats other vital services like the County HONORING THE MEMORY OF PO- Health Department’s vaccination pro- must realize there is only one commander-in-chief, and it is his job and LICE OFFICER SHAWN JOSHUA gram for children. DEAN WILLIAMS County Commission Chair Ron Riv- responsibility to manage the war as he ers says, ‘‘The loss of these funds will sees fit. (Mr. SHULER asked and was given have a significant impact on all serv- Mr. Speaker, I support my Repub- permission to address the House for 1 ices, including those provided to pro- lican colleagues in the Senate who minute.) tect our most vulnerable citizens.’’ want a real debate on this issue and Mr. SHULER. Mr. Speaker, I rise Congress must keep the Federal Gov- victory in the central front on the today in honor of the memory of Police ernment’s word to timbered commu- global war on terror. Officer Shawn Joshua Dean Williams. nities and pass H.R. 17. Time is running f Officer Williams died while responding out. to a fellow officer’s call for assistance NEED TO SUPPORT OUR TROOPS f last Thursday night in Old Fort, North (Mr. ELLISON asked and was given Carolina. He was only 23 years old. CREATION OF A U.S. DEPARTMENT permission to address the House for 1 I offer my condolences to his wife, OF PEACE minute.) Shannon Kirby Williams; his young (Ms. EDDIE BERNICE JOHNSON of Mr. ELLISON. Mr. Speaker, soldiers daughter, Rye-Lee Alexis; his parents, Texas asked and was given permission don’t choose to go to war. Soldiers do Max Suttles and mother Holly Wil- to address the House for 1 minute.) not allocate funds for which they use liams; and all of his family and friends.

VerDate Aug 31 2005 00:37 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.005 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE H1216 CONGRESSIONAL RECORD — HOUSE February 6, 2007 I also want to extend my thoughts budget to promoting nonviolence here violence in Iraq as a principal chal- and prayers to his fellow Old Fort po- at home by investing in efforts to stop lenge to stability in the Middle East. lice officers and the entire law enforce- domestic violence, gun violence, child In light of the current situation, a ment community in McDowell County. abuse, gang violence, violence in military approach is no longer a viable Mr. Speaker, Officer Williams’ life schools, hate crimes, racial violence, solution to stabilizing Iraq. Our suc- was an example of service for all of us religious intolerance and the mistreat- cess in Iraq is dependent upon a for- to follow. ment of the elderly. ward change in direction, which in- I ask my colleagues to join me in ex- Dr. King said that peace is not just volves input of Iraq’s neighbors and the pressing remorse at all the passings the absence of tension; it is the pres- entire international community. and the dedication of all law enforce- ence of justice. This isn’t something we Through political and diplomatic en- ment officers and gratitude to all those should just hope for, but we must work gagement we have a serious chance of who protect and serve our communities for it. reducing sectarian tensions, bringing every day. f our troops home, and ultimately declaring victory in Iraq. I urge my col- f RUSSIAN BORDER CONTROL leagues in both Houses to put aside ANTI-WAR PROTESTERS’ GRAFFITI (Mr. POE asked and was given per- partisan differences and honestly de- (Mr. PITTS asked and was given permission to address the House for 1 bate our strategy in Iraq. mission to address the House for 1 minute.) f minute and to revise and extend his re- Mr. POE. Mr. Speaker, a government THE CONSTITUTION AND WAR marks.) spokesman has said people from poor Mr. PITTS. Mr. Speaker, a week ago, countries are taking jobs and giving (Mr. PENCE asked and was given per- the anti-war rally in Washington made nothing back to the country. But the mission to address the House for 1 headlines across America. Lost in most government spokesman was not from minute and to revise and extend his re- of the coverage, however, was the com- the United States, but Russia. marks.) plete lack of basic decency displayed Under a new Russian crackdown on Mr. PENCE. The father of our Con- by some of these protesters. The anti- illegal immigration, illegals are being stitution, James Madison, wrote, ‘‘The war protesters defaced our Capitol by ordered out of the country and employ- Constitution expressly and exclusively spray-painting graffiti on the Capitol’s ers who hire them are being pros- vests in the legislature the power of de- west terrace. ecuted. Russia is also securing its visa claring a state of war. The separation Mr. Speaker, it never ceases to amaze program against fraud. All of these ac- of the power declaring war from con- me how nonpeaceful these so-called tions are working. The illegals are ducting it is wisely contrived to ex- peace protesters can be. There is no leaving the country by the thousands. clude the danger of its being declared question that Americans have a con- No massive deportation is needed, no for the sake of its being conducted.’’ stitutional right to peaceably assem- amnesty or path to citizenship. As we begin the process of hearing ble, but when you brazenly deface cher- Similar to the United States, mil- resolutions down the hall of this Cap- ished public property, you are no lions of illegals are crossing Russian itol in the United States Senate, non- longer assembling peacefully. You are borders. They take government re- binding resolutions over the way and committing a crime. sources from legal citizens. The Rus- the manner in which we would conduct Mr. Speaker, we can have a thought- sian Government, however, unlike the our war, we would do well to reflect on ful public debate on our policies over- U.S. Government, isn’t giving in to the wisdom of our Founders, who sepa- seas, but we must remember this. Our those who want cheap plantation labor. rated the article I powers of this body freedom was not earned by protesters The Russian Government doesn’t care from the article II powers of our Com- with poster paint. It was earned by the if illegals or businesses don’t like the mander in Chief. thousands of brave men and women new rules. Let us remember, as Franklin Roo- who courageously stand up to fight for Russia is enforcing border security sevelt said, ‘‘Hostilities exist, there is it, many of whom paid with their lives. by prosecuting illegals and those that no blinking at the fact that our people, hire them. The U.S. Government could our territory and our interests are in f learn something from Russia. Pros- grave danger.’’ Let this grave danger b 1215 ecute businesses that knowingly hire color our debates. Provide the over- illegals, and illegals will leave. Russia sight that is our purview, but we have DEPARTMENT OF PEACE BILL has proven it. But does America have but one Commander in Chief, and let INTRODUCTION the moral will to do the same? We shall him lead us to victory in Iraq. (Ms. LEE asked and was given per- see. f mission to address the House for 1 And that’s just the way it is. CELEBRATING TONY DUNGY, THE minute.) f Ms. LEE. Mr. Speaker, it is time to FIRST AFRICAN AMERICAN make a real commitment to the peace THE NATIONAL INTELLIGENCE COACH TO WIN A SUPER BOWL that we want to see in the world. That ESTIMATE (Ms. CASTOR asked and was given is exactly what H.R. 808, introduced by (Mr. HARE asked and was given per- permission to address the House for 1 Congressman KUCINICH, with 52 cospon- mission to address the House for 1 minute.) sors, would do by creating the Depart- minute and to revise and extend his re- Ms. CASTOR. Mr. Speaker, I rise ment of Peace. marks.) today on behalf of my district in the We are now spending $8 billion each Mr. HARE. Mr. Speaker, no one can Tampa Bay area to herald the terrific month on the occupation of Iraq. Imag- deny that the situation on the ground achievement of our hometown hero, ine if a small portion of that money in Iraq is grave and rapidly deterio- Tony Dungy. While Coach Dungy is the was invested, instead, in conflict reso- rating and therefore deserves the im- first African American coach to win a lution, diplomacy, weapons reduction, mediate and undivided attention of Super Bowl title, he is also a living tes- and human rights. As the drum beats of this Congress. timony to faithful leadership. war against Iran are now heard, imag- Last week, the National Intelligence Since Coach Dungy’s 11-year path to ine if the debate included not only the Estimate released a pessimistic out- the Super Bowl title came through my Secretary of State and Secretary of De- look on the future of Operation Iraqi hometown of Tampa, I think it is fair fense, but a Secretary of Peace. Guar- Freedom. The NIE offers no hope that to say that everyone in the Tampa Bay anteed the military option would be under the likeliest of scenarios the area feels attached to his win, and we taken off the table and our world would level of violence in Iraq will be signifi- are proud to claim him as a resident. not be led again into another useless, cantly reduced between the next 12 to My friends and neighbors back home senseless war. 18 months. remember Coach Dungy as the former Imagine if we were to direct a small Additionally, the Iraq Study Group coach of the Buccaneers, who in that portion of the $583 billion Pentagon has identified the increase of sectarian capacity brought a winning spirit and

VerDate Aug 31 2005 00:37 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.007 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE February 6, 2007 CONGRESSIONAL RECORD — HOUSE H1217 gracious leadership to that team and House yesterday would take resources Mr. GRIJALVA. Mr. Speaker, as the our community. from families who have good insurance President gets ready to ask this Con- We watched with pride Sunday when and give it to families who have no in- gress for an additional $145 billion to this man showed that nice guys can surance. fund his efforts in Iraq and Afghani- finish first. His team came from eight I would propose instead, and many of stan, a new report has come out show- points behind, withstood the weather my colleagues on this side of the aisle ing tens of millions of dollars in waste- and won the game. Coach Dungy, as the would propose instead, that we take re- ful spending by our government in first African American coach to win a sources from the HMOs that have en- Iraq. Super Bowl, provides the perfect start joyed massive profits off our Medicare Stuart Bowen, the Special Inspector to the month-long celebration of Black systems, to take money from the drug General for Iraqi Reconstruction, re- History Month. His victory follows the companies who have enjoyed the pleas- leased his quarterly report last week. march of other men and women who ure of not having to negotiate with the It concluded that the $300 billion U.S. have stood up for justice and opened bulk purchasing power of the Federal war and reconstruction effort is doors for others. Government, and redistribute re- plagued with waste, spiraling violence, Congratulations to him and all that sources from those that are making and corruption. Among the worst mis- understand that perseverance and millions of dollars of profit off this sys- uses are $43.8 million for a residential teamwork is the best answer to life’s tem and put those resources into the training camp that stands empty, obstacles. hands of those who have nothing. about $4.2 million for 20 VIP trailers We can agree on some things. We can and an Olympic-sized pool that was or- f agree that this health care system has dered by the Iraqi ministry of interior. HONORING DR. DARRELL JOHN- to be made better. It is just a matter of Perhaps the most disconcerting, how- SON, SUPERINTENDENT OF where we take and who we give it to. ever, is that our government spent $36.4 GREENWOOD SCHOOLS f million for armored vehicles, body (Mr. BARRETT of South Carolina GO RED FOR WOMEN DAY AND armor and communications equipment asked and was given permission to ad- THE AMERICAN HEART ASSOCIA- that could greatly benefit our troops, dress the House for 1 minute.) TION but it is completely unaccounted for. Mr. BARRETT of South Carolina. (Mrs. CAPITO asked and was given Mr. Speaker, this abusive spending in Mr. Speaker, Dr. Darrell Johnson, the permission to address the House for 1 Iraq must stop for the American tax- superintendent of Greenwood School minute and to revise and extend her re- payer and for the troops. District 50 for South Carolina, was marks.) f quoted saying: ‘‘I pledge to do the best Mrs. CAPITO. Mr. Speaker, I rise LENAWEE COUNTY, ONE OF THE I can and work together as a team.’’ today to recognize February as Na- 100 BEST COMMUNITIES FOR I would like to honor Dr. Johnson tional Heart Month. Heart disease is YOUNG PEOPLE during February’s Black History the number one killer of women in Month as a very notable and distin- America, taking the lives of nearly (Mr. WALBERG asked and was given guished African American who has half a million women a year. That is permission to address the House for 1 heavily impacted the Third Congres- one per minute. minute.) sional District of South Carolina. Dr. It claims the lives of more women Mr. WALBERG. Mr. Speaker, I come Johnson’s extensive background and than the next five causes of death. In before the House today to draw atten- his many leadership positions as a my home State of West Virginia, heart tion to an honor recently received by teacher, coach and administrator has disease kills 12 women per day. That is my home community back in Lenawee laid the groundwork for him being 31 percent of all female deaths between County, Michigan. America’s Prom- named to the position of district super- the years of 1999 to 2003. ise—The Alliance for Youth, a founda- intendent. On February 2, people from across tion formed in 1997 to help children and Since 1991, Dr. Johnson worked for the Nation participated in Go Red for youth from all socioeconomic sectors Rock Hill School District Three, begin- Women Day to support the fight in the United States, recently named ning as assistant principal at the Rock against heart disease. Go Red for Lenawee County one of the 100 best Hill High School. After serving as as- Women is the American Heart Associa- communities for young people as part sistant principal and principal for Sun- tion’s nationwide movement that cele- of its 10-year anniversary celebration. set Park Elementary School, he moved brates the energy, passion and power The criteria for winning included to the district office in 1998 as director we have as women to band together strong community support of children of student services. In 2001, he was and fight this disease. and youth, possessing valuable re- named assistant superintendent. Too few people realize the threat as- sources for children and youth, youth sociated with heart disease. The good His dedication to making a difference and child outcomes, overall progress news is that heart disease can largely in education propelled him to earn his within communities, and innovations be prevented. By learning all of the se- superintendent position, and rightfully in the areas of policy, practice, and re- rious health threats such as high blood so. I congratulate Darrell Johnson for sources. pressure, high cholesterol, diabetes, being able to excel in this capacity Communities in 38 States received obesity, we can work to reduce our where he may apply his natural ability risks. this award and Lenawee County is one to lead those who are most important Go Red for Women is an innovative of the five communities in the Great to our future, our students. way to raise awareness of heart dis- Lakes State to be named a winner. f ease, and 64 percent of women who died This recognition is a tribute to all of the police officers, local officials, fire- HEALTH CARE REFORM of coronary heart disease had no symp- toms. We have to take action for our fighters, outstanding teachers, commu- (Mr. MURPHY Connecticut asked hearts. By joining together across nity leaders and civil servants that and was given permission to address America, we can help support ongoing make Lenawee County and south-cen- the House for 1 minute.) research and education about women tral Michigan a great place to live. Mr. MURPHY of Connecticut. Mr. and heart disease. When we wear our f Speaker, when it comes to health care, red, it reminds us of our responsibility. DEPARTMENT OF PEACE AND I agree with the President in one re- I urge my colleagues to join together NONVIOLENCE spect, it is time to start redistributing in celebrating National Heart Health resources within our health care sys- Month. (Mr. KUCINICH asked and was given tem. The problem comes when we talk f permission to address the House for 1 about where we bring those resources minute and to revise and extend his re- from. WASTEFUL SPENDING IN IRAQ marks.) The President’s plan that he put be- (Mr. GRIJALVA asked and was given Mr. KUCINICH. Mr. Speaker, yester- fore us in his State of the Union speech permission to address the House for 1 day a bill was introduced into the and in his budget presented to this minute.) House of Representatives that gives

VerDate Aug 31 2005 00:37 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.009 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE H1218 CONGRESSIONAL RECORD — HOUSE February 6, 2007 the promise of transforming our coun- SUPPORT AND FULLY FUND OUR by Presidential Proclamation 7395 of Janu- try and the world. H.R. 808 creates a TROOPS ary 17, 2001, is adjusted to include the Nidoto Nai Yoni (‘‘Let it not happen again’’) memo- Department of Peace and Nonviolence. (Mrs. BLACKBURN asked and was It is now supported by 52 Members of rial. That memorial— given permission to address the House (1) commemorates the Japanese Americans the House of Representatives, and it is for 1 minute and to revise and extend of Bainbridge Island, Washington, who were supported by groups who yesterday her remarks.) the first to be forcibly removed from their came to Washington representing 45 Mrs. BLACKBURN. Mr. Speaker, we homes and relocated to internment camps States. Last night, nearly 1,000 people do know that the war in Iraq will come during World War II under Executive Order came to the George Washington Uni- up for debate in this body, as it should. 9066: and versity campus to hear about the De- (2) consists of approximately 8 acres of But the debate on this floor should not land owned by the City of Bainbridge Island, partment of Peace and the hope that it be about partisan politics. It should be brings for America. Washington, as depicted on the map titled about doing what is in the best inter- ‘‘Bainbridge Island Japanese American Me- Mr. Speaker, if you were to look at ests of our troops, making certain that morial’’, numbered 194/80,003, and dated Sep- this clerk’s desk, just around the cor- we win in this global war on terror, and tember, 2006. ner you will see engraved right into the how we are going to keep this Nation (b) MAP.—The map referred to in sub- desk of the clerk of the House of Rep- and our communities and our cities section (a) shall be kept on file and made resentatives the word ‘‘peace.’’ Peace is safe. available for public inspection in the appropriate offices of the National Parks Service. a foundational principle of this Con- I recently read a quote from Spe- gress and of this country, and the bill cialist Tyler Johnson. He is serving his SEC. 3. ADMINISTRATION OF MONUMENT. gives it a chance to have an animating (a) ADMINISTRATION.—The Secretary of the first tour of duty in Iraq. When asked Interior (hereinafter in this section referred power in our civic life by addressing about the criticism back home, he said the issues of domestic violence, spousal to as the ‘‘Secretary’’) shall administer the that passing no-confidence resolutions Nidoto Nai Yoni Memorial as part of abuse, child abuse, violence in the does send a message to our troops over- Minidoka Internment National Monument in schools, racial violence, all of those seas: ‘‘You may support or say we sup- accordance with— concerns we have both domestically port the troops, but you’re not sup- (1) Presidential Proclamation 7395 of Janu- and internationally. porting what they do, what they’re ary 17, 2001; Peace. here sweating for, what we bleed for, (2) laws and regulations generally applicable to units of the National Park System, in- what we die for. It all just doesn’t f cluding the Act of August 25, 1916 (popularly make sense to me.’’ known as the ‘‘National Park Service Or- Mr. Speaker, I agree with Tyler and ganic Act,’’; 16 U.S.C. 1 et seq); and ANNOUNCEMENT BY THE SPEAKER our troops. Passing no-confidence reso- (3) any agreements entered into pursuant PRO TEMPORE lutions does send a message, and it is to subsection (b). The SPEAKER pro tempore (Mr. not a message of courage, of confidence (b) AGREEMENTS.— BAIRD). The Chair will remind all per- and strength. (1) For the purposes of defining the role of sons in the gallery that they are here I agree, let’s support Sam Johnson’s the National Park Service in administering the Nidoto Nai Yoni Memorial owned by the as guests of the House, and that any House Resolution 511. Stand with and City of Bainbridge Island, the Secretary is manifestation of approval or dis- fully fund our troops. authorized to enter into agreements with— approval of the proceedings or other f (A) the City of Bainbridge Island; audible conversation is in violation of (B) the Bainbridge Island Metropolitan the rules of the House. b 1230 Park and Recreational District; ANNOUNCEMENT BY THE SPEAKER (C) the Bainbridge Island Japanese Amer- f ican Community Memorial Committee; PRO TEMPORE (D) the Bainbridge Island Historical Soci- CONTINUE FUNDING OUR TROOPS The SPEAKER pro tempore (Mr. ety; (E) successor entities to the entities named IN IRAQ BAIRD). Pursuant to clause 8 of rule XX, the Chair will postpone further in subparagraphs (A) through (D); and (Mr. GINGREY asked and was given proceedings today on motions to sus- (F) other appropriate individuals or enti- permission to address the House for 1 ties, at the discretion of the Secretary. pend the rules on which a recorded vote (2) In order to implement an agreement minute and to revise and extend his re- or the yeas and nays are ordered, or on marks.) provided for in paragraph (1), the Secretary which the vote is objected to under may— Mr. GINGREY. Mr. Speaker, in the clause 6 of rule XX. (A) make grants to the City of Bainbridge other body yesterday, under the leader- Record votes on postponed questions Island for development of an administrative ship of Senator REID, the gentleman will be taken later today. and interpretive facility for the Nidoto Nai from New Hampshire, Senator GREGG, Yoni Memorial; had a resolution supporting the fund- f (B) enter into a cooperative management ing of our troops, and the Senate lead- BAINBRIDGE ISLAND JAPANESE agreement with the City of Bainbridge Is- ership prevented that resolution from AMERICAN MONUMENT ACT OF land, pursuant to section 3(l) of Public Law being brought to the floor under reg- 91–383 (16 U.S.C. 1a–2(l); popularly known as 2007 the ‘‘National Park System General Authori- ular order because they wanted first to Mr. GRIJALVA. Mr. Speaker, I move ties Act’’), for the purpose of providing as- bring a resolution condemning the to suspend the rules and pass the bill sistance with operation and maintenance of President. (H.R. 161) to adjust the boundary of the the memorial; Now the Speaker of the House has Minidoka Internment National Monu- (C) make grants to other non-Federal entities for other infrastructure projects at the announced that next week we will have ment to include the Nidoto Nai Yoni a resolution brought to the floor of this memorial, subject to a match of non-Federal Memorial in Bainbridge Island, Wash- funding equal to the amount of a grant made body condemning the President’s plan ington, and for other purposes. for a new way forward in Iraq. pursuant to this paragraph; and The Clerk read as follows: (D) make grants or enter into cooperative I challenge the Speaker and the H.R. 161 agreements with non-Federal entities to sup- Democratic leadership, if that resolu- port development of interpretive media for Be it enacted by the Senate and House of Rep- tion is on this floor, to bring forward the memorial. resentatives of the United States of America in also the resolution of a true war hero, (c) ADMINISTRATIVE AND VISITOR USE Congress assembled, Representative SAM JOHNSON of Texas, SITE.—The Secretary is authorized to oper- supporting the continued funding of SECTION 1. SHORT TITLE. ate and maintain a site in Seattle, Wash- This Act may be cited as the ‘‘Bainbridge ington, for administrative and visitor use the troops in Iraq. Island Japanese American Monument Act of We have heard Members on the other purposes associated with Minidoka Intern- 2007’’. ment National Monument, using to the side of the aisle continue to say we can SEC. 2. BOUNDARY ADJUSTMENT. greatest extent practicable the facilities and and will, if necessary, cut off funding. (a) IN GENERAL.—The boundary of the other services of the Seattle unit of the This will give them an opportunity to Minidoka Internment National Monument, Klondike Gold Rush National Historical put their money where their mouth is. located in the State of Idaho and established Park.

VerDate Aug 31 2005 00:37 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.010 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE February 6, 2007 CONGRESSIONAL RECORD — HOUSE H1219 (d) COORDINATION OF INTERPRETIVE AND Mr. Speaker, I want to commend and rounded by American soldiers, some EDUCATIONAL MATERIALS AND PROGRAMS.— congratulate my colleague, Mr. INSLEE, having bayonets deployed. They were The Secretary shall coordinate the develop- for his commitment and leadership in taken away to internment against ment of interpretive and educational mate- this matter. A hearing was held on a their will, without trial and without rials and programs for the Nidoto Nai Yoni Memorial and the Minidoka Internment Na- nearly identical measure last Congress, recognition of their rights as citizens tional Monument site in the State of Idaho and Representative INSLEE arranged for and their honor to serve America. with the Manzanar National Historic Site in the Subcommittee on National Parks And now, today, when we are making the State of California. to receive moving testimony from an the memorial on Bainbridge Island at The SPEAKER pro tempore. Pursu- internee whose photograph showing her the site of this dock, which is now ant to the rule, the gentleman from Ar- holding her infant child has become a being prepared and is under construc- izona (Mr. GRIJALVA) and the gentle- searing image of the internment. tion, we will be making an American woman from Washington (Mrs. I would also note that for most of us statement that this cannot happen MCMORRIS RODGERS) each will control the internment of Japanese Americans again. 20 minutes. was a historical event that we read The saying is ‘‘Nidoto Nai Yoni, The Chair recognizes the gentleman about in history books, but for two of never let it happen again,’’ and by from Arizona. our colleagues it was part of their life making this part of our National Parks GENERAL LEAVE experience. My colleagues, MIKE HONDA System, we will be making a statement Mr. GRIJALVA. Mr. Speaker, I ask and DORIS MATSUI, spent part of their that these images will never happen to unanimous consent that all Members childhoods in internment camps. I any generation of any creed in Amer- have 5 legislative days to revise and ex- want to acknowledge their experiences ica. tend their remarks and exclude extra- in this unfortunate episode in history. I want to note some of the people. neous material on the bill under con- Mr. Speaker, we strongly support This is a picture of a young fellow at sideration. passage of H.R. 161 and urge its adop- that time named Frank Kinamoto. In The SPEAKER pro tempore. Is there tion by the House today. this picture, Frank had his little tag. objection to the request of the gen- Mr. Speaker, I reserve the balance of Everyone was given a little tag they tleman from Arizona? my time. had to wear with a number on it. Frank There was no objection. Mrs. MCMORRIS RODGERS. Mr. grew up to be a respected dentist on Mr. GRIJALVA. Mr. Speaker, I rise Speaker, I rise in support of H.R. 161 Bainbridge Island, and Frank has done in strong support of H.R. 161, intro- and yield myself as much time as I personally what this legislation will do duced by my colleague on the Natural may consume. nationally. He has spent many years Resources Committee, the gentleman This legislation further recognizes a going around showing a collection of from Washington State, Representative tragic period in our Nation’s history by photographs telling young students INSLEE. designating the ‘‘let it not happen why the protection of our civil liberties This noteworthy legislation would again’’ Memorial on Bainbridge Island, is critical and why we should never be authorize a memorial to commemorate Washington, as part of the Minidoka overcome by fear again, and I pay re- the Japanese Americans of Bainbridge Internment National Monument in the spects to Frank and his efforts. Island, Washington, who were the first State of Idaho. Another young woman at the time, Americans to be forcibly removed from While a hearing was held on this leg- who testified several months ago, who their homes and relocated in intern- islation in the 109th Congress, we are has been pivotal in this effort, Fumiko ment camps during World War II. concerned that this bill has not gone Hayashida, shown with her daughter The new memorial will serve as an through the markup process, where here just before she was marched down important remembrance of a sad chap- issues in this bill, such as its inclusion that pier. Fumiko came to town, who ter in American history. Shortly after of 8 acres of land in the State of Wash- is 95 years young, who is the oldest in- the Japanese attack on Pearl Harbor, ington in a monument over 700 miles ternee that we are aware of, to send President Franklin Roosevelt issued an away, could have been discussed. Congress a message to make a national executive order providing for the relo- Additionally, it is critical to point statement to memorialize this. cation of Japanese Americans living out that the National Park Service tes- Now, there are three reasons I think along the west coast. tified that this bill could divert scarce it is important that we pass this bill. On March 30, 1942, the relocation resources that are needed for existing First, although this was a tragic epi- began at the Eagledale Ferry Dock, parks and programs. sode in American history, it was an with 227 Bainbridge Island residents That being said, we will not oppose episode involving patriotism because, being forcibly removed to internment the bill. and this is incredible to me, of the 227 camps away from the coast. Eventu- Mr. Speaker, I reserve the balance of people marched down that pier, 62 of ally, more than 12,000 Japanese Ameri- my time. them turned around and volunteered to cans in Washington State and more Mr. GRIJALVA. Mr. Speaker, I would serve their nation in World War II, and than 110,000 Japanese Americans along like to commend Congressman JAY INS- 62 of these people served with distinc- the west coast were relocated. LEE of Washington for bringing forth tion. These people were the ultimate Public Law 107–363 directed the Sec- H.R. 161 and yield to him as much time patriots. Having been sent to camps by retary of the Interior to study the as he may consume. Uncle Sam, to turn around and fight Eagledale Ferry Dock on Bainbridge Is- Mr. INSLEE. Mr. Speaker, today, for the freedoms to which they were land, Washington, to determine the when we pass the Bainbridge Island not entitled was the ultimate act of pa- suitability of designing the site as a Japanese American Monument Act of triotism, and we honor them as an act unit of the National Parks System. 2007, we will be making a strong Amer- of patriotism in this memorial. The study was to include an analysis of ican statement. That statement will be Second, it is a memorialization of the historical events associated with that the power of fear will never again their neighbors. Many of their neigh- the dock and the potential for pre- be allowed to overcome the promise of bors rallied around them. Many of serving and interpreting the site. liberty. These are images we should their neighbors guarded some of their On May 1, 2006, the Department of In- never see again in America; and today, equipment to wait for them to come terior transmitted to Congress the with the passage of this bill, we will home. And Walt Widward, the pub- study report. The study recommended make a strong American statement lisher of the Bainbridge Island Review, designating a memorial site on Bain- that they will not. was the only publisher on the western bridge Island, and that memorial will On March 30, 1942, the American coast of the United States to edito- be managed as a satellite site of the Army, pursuant to an executive order rialize against this violation of Amer- Minidoka Internment National Monu- by an American President, rounded up ican values. That is something to me- ment, an existing National Park Sys- 227 Americans living on Bainbridge Is- morialize. tem unit in Idaho. H.R. 161 would im- land and marched them down the But, most importantly, Nidoto Nai plement the recommendations con- Eagledale Dock in Eagle Harbor of Yoni, never let it happen again. And tained in the study. Bainbridge Island, Washington, sur- this will be a statement to ourselves,

VerDate Aug 31 2005 00:37 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\A06FE7.006 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE H1220 CONGRESSIONAL RECORD — HOUSE February 6, 2007 to our children, to our grandchildren, ing of the executive order and over a tion to issue an apology decades from that, when we are in fear in this coun- year after the end of World War II. now. try, we should never lose that anchor But this chapter of our history did Following the attack on Pearl Harbor, Ha- of American civil rights and civil lib- not end there. Upon release from the waii passed under martial law, the writ of erties in respect to what we are as internment camps, Japanese Ameri- habeas corpus was suspended, and the mili- Americans. cans could not return to the lives that tary police took several hundred suspected We have gone through these days in they had led before the tragic and mis- spies and saboteurs of Japanese extraction the last several years. We have experi- led executive order. I would like to sub- into custody. But the very size of the Japa- nese community in Hawaii (nearly half the enced fear that sometimes has infected mit further information about General territory’s population), and its vital impor- the discussion here in the Chamber; DeWitt’s decisions and recommenda- tance to the islands’ economy, foreclosed and when we go through and deal with tions, and I will do that at a different any thought of wholesale evacuation. The our fears today, I think it is well that time, but during the period of intern- mainland community, however, was propor- we take a lesson from history of 1942 to ment, they had lost their homes, their tionately much smaller (in California, barely hew to the power of liberty, rather businesses, and their livelihoods. 1 percent of the population), more economi- than the power of fear. By commemorating Japanese Ameri- cally marginal and socially isolated, and So I am happy today that we will cans who were so detained, we ensure long buffeted by racist pressures. The main- pass this bill that will make this part land Japanese for the most part kept warily that this sad episode in our history will to themselves, many of them toiling with ex- of our National Parks System. I will never be forgotten and hopefully not emplary efficiency on their family fruit and invite all Americans to come visit us in repeated, because we need to learn vegetable farms. Insular and quiescent, they Bainbridge Island. We will invite the from the mistakes of the past. were also internally riven by age and legal world to come see that America is a Thirty years passed before the execu- status. Their elders, the forty thousand first- country that makes mistakes but tive order was formally rescinded in generation immigrant Japanese, or Issei, learns and improves. And this is a con- 1976. In 1988, a Presidential apology was were generally over the age of fifty and tinuation of that American tradition of issued internees. debarred from citizenship by the Immigra- improving the American value system. This is not an abstraction. This is tion Restriction Act of 1924, a statutory im- pediment that perversely exposed them to So I am happy today this House will not a theoretical debate. The Military the accusation that as non-citizens they take this step. Commissions Act passed by this Con- were poorly assimilated into American soci- I want to thank the Bainbridge Is- gress on September 30, 2006, potentially ety. A majority of their children, the eighty land community and all of those who puts American citizens at risk of mili- thousand second-generation Nisei, were worked on this project. Clarence tary detention. That is a plain reading under the age of eighteen. Born in the United Moriwaki, who has led the effort on of the Military Commissions Act. It States, they were also citizens. Alien and Bainbridge Island, congratulations. was hotly debated between the then citizen alike, the peculiarly vulnerable Pa- And congratulations to America for al- chairmen of two committees and this cific Coast Japanese community was about to feel the full wrath of war-fueled hysteria. ways being an improving country. Member. It has been commented upon Curiously, no clamor for wholesale repris- Mr. GRIJALVA. Mr. Speaker, at this to a limited extent in the national als against the mainland Japanese arose in point, I would like to yield 6 minutes press. the immediate aftermath of the Pearl Harbor to my good friend and colleague from But I think that a fair reading of the attack. The Los Angeles Times soberly edi- Oregon, Congressman WU. Military Commissions Act would show torialized on December 8 that most of the Mr. WU. Mr. Speaker, I rise today to you that if a person is just walking Japanese on the Coast were ‘‘good Ameri- support H.R. 161, to expand the down the street and is detained by cans, born and educated as such,’’ and se- Minidoka Internment National Monu- military authority for whatever rea- renely foresaw that there would be ‘‘no riots, ment to include the Nidoto Nai Yoni no mob law.’’ General John L. DeWitt, chief son, and we are not talking about of the army’s Western Defense Command, at Memorial, which commemorates the aliens in Afghanistan, we are talking first dismissed loose talk of mass evacu- Japanese Americans of Bainbridge Is- about someone walking down the ations as ‘‘damned nonsense.’’ He condemned land, the Japanese Americans of Bain- streets of Portland, Oregon, or in Bain- any broadside assaults on the rights of the bridge Island, Washington, who were bridge Island. What could potentially American-born Nisei. ‘‘An American citizen, interned during World War II. happen to that person? after all, is an American citizen,’’ he de- On February 19, 1942, President The better course under the Military clared. Individual arrests were another mat- Franklin Roosevelt signed an executive Commissions Act is that they are sub- ter. Government surveillance, ongoing since order which forcibly removed approxi- ject to military justice, a very limited 1935, had identified some two thousand potentially subversive persons in the Japanese mately 120,000 Americans of Japanese review by a military tribunal, and the community. Along with fourteen thousand ancestry from their homes, their end of that appeal road is the Sec- German and Italian security risks nation- friends, and their communities. They retary of Defense. That is actually the wide, they were quietly rounded up in the were incarcerated by this government better course. last days of 1941. But those individual deten- for their ancestry. Just over 1 month Now, I have to point out that there tions stopped well short of wholesale incar- after the executive order was signed, are 25 detainees in Guantanamo who, cerations. ‘‘I was determined,’’ Attorney 227 Bainbridge island men, women, and after 5 years of detention, have not had General Francis Biddle wrote, ‘‘to avoid children were sent to internment their first review yet; and I say that is mass internment, and the persecution of aliens that had characterized the First World camps. They were the very first Japa- the better course because the course War.’’ nese American families in the United that is actually more troubling under In fact, the immigrants whose loyalty had States to be incarcerated. the Military Commissions Act is that if been questioned during World War I had then We in the Pacific Northwest would there is not a review, there is no ap- been freshly arrived and seemed to many ob- like to think that we live in a better peal. There is no appeal to a civilian servers unarguably alien. But by 1941 those part of the country, in a part of the court. There is no habeas corpus, a doc- older European groups were settled commu- country where things are the way they trine which has served Anglo American nities, well assimilated, their patriotism as ought to be. But sometimes the way we societies well for almost a thousand well as their political loyalty actively cul- tivated by Roosevelt’s New Deal. Though a want things to be is not the way things years. surprising six hundred thousand Italians— happen or reality. Because these Japa- This memorial, which H.R. 161 helps more than 10 percent of the entire Italian- nese Americans were taken from their us remember, is not an abstraction. It American community—remained Italian homes in the heart of the Puget Sound. was real suffering for the Japanese citizens and were automatically labeled They were sailed to Seattle. They were Americans, for the Americans who ‘‘enemy aliens’’ after Mussolini’s declaration loaded onto trains for a 3-day journey were incarcerated. But it is also a re- of war, Roosevelt instructed Biddle to cancel to Manzanar, a concentration camp in minder that, as was said of the execu- that designation in a joyfully received an- California’s Mojave Desert. These tive order much later, when actions are nouncement at Carnegie Hall, shrewdly delivered on Columbus Day 1942, just weeks be- Americans were the very first Ameri- taken by this government in an atmos- fore the congressional elections. cans to be so detained, and the last of phere of hysteria, great injustices can The Japanese were not so fortunate. As the detainees were not released until be perpetrated; and we need to be care- war rumors took wing in the weeks following October of 1946, 41⁄2 years after the sign- ful in our era lest we be put in a posi- Pearl Harbor, sobriety gave way to anxiety,

VerDate Aug 31 2005 04:07 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.015 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE February 6, 2007 CONGRESSIONAL RECORD — HOUSE H1221 then to a rising cry for draconian action California’s Grower-Shipper Vegetable Asso- ible removal and relocation of Americans of against the Japanese on the West Coast. In- ciation declared. ‘‘We might as well be hon- Japanese ancestry from the western United flammatory and invariably false reports of est. We do. It’s a question of whether the States nearly 3 months after the Imperial Jap- Japanese attacks on the American mainland white man lives on the Pacific Coast or the flashed through coastal communities. Elea- brown man.’’ Prodded by such sentiments, in anese attack on Pearl Harbor precipitated the nor Roosevelt’s airplane, en route to Los An- early February 1942 DeWitt officially re- United States’ entrance into World War II. geles on the evening of the Pearl Harbor at- quested authority to remove all Japanese Under the authority of Executive Order 9066, tack, was grounded in the Midwest while the from the West Coast. It was impossible he on March 24, 1942, Lieutenant General John first lady telephoned Washington to check a claimed, to distinguish the loyal from the DeWitt issued Civilian Exclusion Order No. 1, radio message that San Francisco was under disloyal in the peculiarly alien and inscru- forcing the removal of the 227 Japanese bombardment. Painters at Stanford Univer- table Japanese community. The only remedy Americans residing on Bainbridge Island. sity blacked out the skylight of the library’s was wholesale evacuation. The same man This edict allowed Japanese Americans remain reading room so that it could not serve who had said a month earlier, ‘‘An American siding on Bainbridge Island only 6 days to sell as a beacon to enemy pilots. Carpenters citizen, after all, is an American citizen,’’ their belongings, close their businesses, and hammered up dummy aircraft plants in Los now announced, ‘‘A Jap’s a Jap. . . . It Angeles to decoy Japanese bombers away makes no difference whether he is an Amer- pack up their lives before resettlement and in- from the real factories. Athletic officials ican citizen or not. . . . I don’t want any of ternment in camps elsewhere in the United moved the traditional New Year’s Day foot- them.’’ States. These Americans endured the addi- ball classic from the Rose Bowl in Pasadena, At the Justice Department several offi- tional burden and injustice of being con- California; the game was played instead in cials, including conspicuously Edward J. gregated at Eagledale Ferry Dock under North Carolina, presumably safe from Japa- Ennis, director of the Alien Enemy Control armed guard before transport to the mainland. nese attack. Japan’s astonishing string of Unit, as well as Biddle’s assistant James H. Friends and neighbors converged as a sym- victories in the Pacific further unsettled Rowe, struggled to quell this irrationally bolic gesture of unity and support for these American public opinion. Hong Kong fell on mounting fury. Rowe denounced Lippmann December 2, Manila on January 2, Singapore and Pegler as ‘‘Armchair Strategists and Japanese Americans who were involuntarily on January 25. Junior G-Men’’ whose reckless charges came removed from the community. They left behind The release at the end of January of a gov- ‘‘close to shouting FIRE! in the theater; and all the belongings and possessions that they ernment investigation of the Pearl Harbor if race riots occur, these writers will bear a could not carry or wear. These Americans of attack proved the decisive blow. The report, heavy responsibility.’’ Attorney General Bid- Japanese ancestry were the first of over prepared by Supreme Court Justice Owen J. dle informed Secretary of War Stimson ‘‘that 100,000 Japanese Americans to be interned in Roberts, alleged without documentation that the Department of Justice would not under remote and desolate camps. They were the Hawaii-based espionage agents, including any circumstances evacuate American citi- Japanese-American citizens, had abetted first group of Japanese Americans to be zens.’’ But at a fateful meeting in the living stripped of their rights as American citizens Nagumo’s strike force. Two days later, room of the attorney general’s Washington DeWitt reported ‘‘a tremendous volume of home on the evening of February 17, the under the authorities of Executive Order 9066. public opinion now developing against the gentle and scholarly Biddle buckled. Facing Today, by authorizing this historical piece of Japanese of all classes, that is aliens and off against Assistant Secretary of War John land to be within the boundaries of the non-aliens.’’ DeWitt himself, described by J. McCloy and two army officers, Ennis and Minidoka Internment National Monument, we Biddle as having a ‘‘tendency to reflect the Rowe argued heatedly that DeWitt’s request memorialize the sacrifices Japanese Ameri- views of the last man to whom he talked,’’ for evacuation orders should be denied. Un- cans made during World War II. We also soon succumbed to Rumor’s siren. He wildly known to his two subordinates, however, would acknowledge through the enactment of declared to an incredulous Justice Depart- Biddle, new to the cabinet, unsure of his ment official that every ship sailing out of this legislation the occurrence of an egregious standing with Roosevelt, and overawed by the Columbia had been attacked by sub- infringement of American citizenship rights. By the Olympian figure of Stimson, had told the marines guided by clandestine radio opera- secretary of war by telephone earlier in the adopting this legislation we would provide an tors near the river’s mouth. When evidence day that he would not oppose DeWitt’s rec- official record of our hope and determination of actual attacks failed to materialize, ommendation. When this became clear, Rowe that an act similar to this one is never re- DeWitt invoked the tortured logic that the remembered, ‘‘I was so mad that I could not peated in the future. This site marks the be- very absence of any sabotage activity on the speak. . . . Ennis almost wept.’’ Even ginning of the forced exodus of an entire eth- West Coast proved the existence of an orga- Stimson had grave misgivings. ‘‘The second nized, disciplined conspiracy in the Japanese nic minority from the western United States generation Japanese can only be evacuated,’’ community, cunningly withholding its blow and today we hope to transform it into a he wrote in his diary, ‘‘either as part of a until it could be struck with lethal effect. In means of educating future generations of the total evacuation, giving access to the areas February the respected columnist Walter importance of civil liberties, especially in times only by permits, or by frankly trying to put Lippmann alleged that military authorities them out on the ground that their racial of war. had evidence of radio communications be- characteristics are such that we cannot un- This memorial, a short ferry boat ride from tween ‘‘the enemy at sea and enemy agents derstand or even trust the citizen Japanese. Seattle, is a fitting symbol of this disturbing on land’’—a charge that FBI director J. This latter is the fact but I am afraid it will and unfortunate chapter in American history. Edgar Hoover had already advised Biddle was make a tremendous hole in our constitu- While the internment camps themselves are utterly without foundation. A radio techni- tional system to apply it.’’ Despite his own located in desolate areas, far away from ev- cian from the Federal Communications Com- reservations and the sputtering opposition of mission reviewed DeWitt’s ‘‘evidence’’ of eryday sight and thought, this monument, in the Justice Department officials, Stimson electronic signals and declared it hogwash. the heart of the Pacific Northwest, will serve advised the president that DeWitt should be All 760 of DeWitt’s suspicious radio trans- as a continual reminder of the patriotism of authorized to proceed. The cabinet devoted missions could be accounted for, and not one Japanese Americans during the Second World only a desultory discussion to the matter. involved espionage. ‘‘Frankly,’’ the techni- On February 19 Roosevelt signed Executive War and the mistakes that we should never let cian concluded, ‘‘I have never seen an organi- Order 9066. It directed the War Department happen again. I urge my colleagues to join me zation [the U.S. Army’s Western Defense to ‘‘prescribe military areas . . . from which in supporting this important legislation and I Command] that was so hopeless to cope with any and all persons may be excluded.’’ No ex- commend our colleague, the gentleman from radio intelligence requirements. The per- plicit reference to the Japanese was nec- Washington, Mr. INSLEE, for his sponsorship of sonnel is unskilled and untrained. Most are essary. When Biddle feebly objected that the privates who can read only ten words a this bill. order was ‘‘ill-advised, unnecessary, and un- minute. . . . It’s pathetic to say the least.’’ Mrs. MCMORRIS RODGERS. Mr. But by this time facts were no protection necessarily cruel,’’ Roosevelt silenced him Speaker, I yield back the balance of against the building gale of fear and preju- with the rejoinder: ‘‘[T]his must be a mili- my time. dice. ‘‘Nobody’s constitutional rights,’’ Lipp- tary decision.’’ Mr. GRIJALVA. Mr. Speaker, I yield mann magisterially intoned, ‘‘include the Ms. BORDALLO. Mr. Speaker, I rise today back the balance of my time. right to reside and do business on a battle- in strong support of H.R. 16, the Bainbridge The SPEAKER pro tempore. The field.’’ Lippmann’s colleague Westbrook Island Japanese American Monument Act of question is on the motion offered by Pegler echoed him less elegantly a few days 2007. This important legislation will expand the gentleman from Arizona (Mr. later: ‘‘The Japanese in California should be the boundaries of the federally-recognized GRIJALVA) that the House suspend the under armed guard to the last man and Minidoka Internment National Monument to in- woman right now,’’ Pegler wrote in his wide- rules and pass the bill, H.R. 161. ly read column, ‘‘and to hell with habeas cor- clude the Nidoto Nai Yoni ‘Let It Not Happen The SPEAKER pro tempore. In the pus until the danger is over.’’ Unapologetic- Again’ Memorial in Bainbridge Island, Wash- opinion of the Chair, two-thirds being ally racist voices also joined the chorus. ington. in the affirmative, the ayes have it. ‘‘We’re charged with wanting to get rid of President Franklin Delano Roosevelt signed Mr. GRIJALVA. Mr. Speaker, on that the Japs for selfish reasons,’’ a leader of Executive Order 9066 that authorized the forc- I demand the yeas and nays.

VerDate Aug 31 2005 04:07 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A06FE7.010 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE H1222 CONGRESSIONAL RECORD — HOUSE February 6, 2007 The yeas and nays were ordered. mission shall submit a report to the Presi- sions of the Federal Advisory Committee The SPEAKER pro tempore. Pursu- dent and the Congress containing its rec- Act. ant to clause 8 of rule XX and the ommendations with respect to a plan of ac- SEC. 5. DEADLINE FOR SUBMISSION OF REPORTS; Chair’s prior announcement, further tion for the establishment and maintenance TERMINATION. of a National Museum of the American proceedings on this question will be (a) DEADLINE.—The Commission shall sub- Latino in Washington, DC (hereafter in this mit final versions of the reports and plans postponed. Act referred to as the ‘‘Museum’’). required under section 3 not later than 24 f (b) FUNDRAISING PLAN.—The Commission months after the date of the Commission’s COMMISSION TO STUDY THE PO- shall develop a fundraising plan for sup- first meeting. porting the creation and maintenance of the (b) TERMINATION.—The Commission shall TENTIAL CREATION OF THE NA- Museum through contributions by the Amer- terminate not later than 30 days after sub- TIONAL MUSEUM OF THE AMER- ican people, and a separate plan on fund- mitting the final versions of reports and ICAN LATINO ACT OF 2007 raising by the American Latino community. plans pursuant to subsection (a). Mr. GRIJALVA. Mr. Speaker, I move (c) REPORT ON ISSUES.—The Commission SEC. 6. AUTHORIZATION OF APPROPRIATIONS. to suspend the rules and pass the bill shall examine (in consultation with the Sec- There are authorized to be appropriated for retary of the Smithsonian Institution), and (H.R. 512) to establish the Commission carrying out the activities of the Commis- submit a report to the President and the sion $2,100,000 for the first fiscal year begin- to Study the Potential Creation of the Congress on, the following issues: ning after the date of the enactment of this National Museum of the American (1) The availability and cost of collections Act and $1,100,000 for the second fiscal year Latino to develop a plan of action for to be acquired and housed in the Museum. beginning after the date of the enactment of the establishment and maintenance of (2) The impact of the Museum on regional this Act. a National Museum of the American Hispanic- and Latino-related museums. The SPEAKER pro tempore. Pursu- Latino in Washington, DC, and for (3) Possible locations for the Museum in Washington, DC and its environs, to be con- ant to the rule, the gentleman from Ar- other purposes, as amended. izona (Mr. GRIJALVA) and the gentle- The Clerk read as follows: sidered in consultation with the National Capital Planning Commission and the Com- woman from Washington (Mrs. H.R. 512 mission of Fine Arts, the Department of the MCMORRIS RODGERS) each will control Be it enacted by the Senate and House of Rep- Interior and Smithsonian Institution. 20 minutes. resentatives of the United States of America in (4) Whether the Museum should be located The Chair recognizes the gentleman Congress assembled, within the Smithsonian Institution. from Arizona. SECTION 1. SHORT TITLE. (5) The governance and organizational GENERAL LEAVE This Act may be cited as the ‘‘Commission structure from which the Museum should op- to Study the Potential Creation of the Na- erate. Mr. GRIJALVA. Mr. Speaker, I ask tional Museum of the American Latino Act (6) How to engage the American Latino unanimous consent that all Members of 2007’’. community in the development and design of have 5 legislative days to revise and ex- SEC. 2. ESTABLISHMENT OF COMMISSION. the Museum. tend their remarks and include extra- (a) IN GENERAL.—There is established the (7) The cost of constructing, operating, and neous material on the bill under con- Commission to Study the Potential Creation maintaining the Museum. sideration. of a National Museum of the American (d) LEGISLATION TO CARRY OUT PLAN OF AC- The SPEAKER pro tempore. Is there Latino (hereafter in this Act referred to as TION.—Based on the recommendations contained in the report submitted under sub- objection to the request of the gen- the ‘‘Commission’’). tleman from Arizona? (b) MEMBERSHIP.—The Commission shall section (a) and the report submitted under consist of 23 members appointed not later subsection (c), the Commission shall submit There was no objection. than 6 months after the date of the enact- for consideration to the Committee on Mr. GRIJALVA. Mr. Speaker, I rise ment of this Act as follows: Transportation and Infrastructure of the in strong support of H.R. 512, which (1) The President shall appoint 7 voting House of Representatives, the Committee on was introduced by my colleague from members. House Administration of the House of Rep- California, Representative BECERRA. (2) The Speaker of the House of Represent- resentatives, the Committee on Rules and The legislation directs the establish- atives, the minority leader of the House of Administration of the Senate, the Com- ment of a commission to study the po- mittee on Natural Resources of the House of Representatives, the majority leader of the tential creation of a National Museum Senate, and the minority leader of the Sen- Representatives, the Committee on Energy ate shall each appoint 3 voting members. and Natural Resources of the Senate, and the of the American Latino, to be located (3) In addition to the members appointed Committees on Appropriations of the House here in Washington, D.C. The commis- under paragraph (2), the Speaker of the of Representatives and the Senate rec- sion will be composed of 23 qualified in- House of Representatives, the minority lead- ommendations for a legislative plan of ac- dividuals, with seven appointed by the er of the House of Representatives, the mation to create and construct the Museum. President and the remainder appointed jority leader of the Senate, and the minority (e) NATIONAL CONFERENCE.—In carrying out by the majority and minority leader- leader of the Senate shall each appoint 1 its functions under this section, the Commis- ship of the House and Senate. sion may convene a national conference on nonvoting member. Under H.R. 512, the commission (c) QUALIFICATIONS.—Members of the Com- the Museum, comprised of individuals commission shall be chosen from among individ- mitted to the advancement of American would be required to prepare a plan of uals, or representatives of institutions or en- Latino life, art, history, and culture, not action for the establishment and main- tities, who possess either— later than 18 months after the commission tenance of the museum, including rec- (1) a demonstrated commitment to the remembers are selected. ommendations for a legislative plan of search, study, or promotion of American SEC. 4. ADMINISTRATIVE PROVISIONS. action to create and construct the mu- Latino life, art, history, political or eco- (a) FACILITIES AND SUPPORT OF DEPART- seum. The commission’s plan would be nomic status, or culture, together with— MENT OF THE INTERIOR.—The Department of due not later than 24 months after the (A) expertise in museum administration; the Interior shall provide from funds appro- date of the commission’s first meeting. (B) expertise in fundraising for nonprofit priated for this purpose administrative serv- or cultural institutions; Mr. Speaker, I am proud to be an ices, facilities, and funds necessary for the original cosponsor of H.R. 512. Given (C) experience in the study and teaching of performance of the Commission’s functions. Latino culture and history at the post-sec- These funds shall be made available prior to the contributions that American ondary level; any meetings of the Commission. Latinos have made and continue to (D) experience in studying the issue of the (b) COMPENSATION.—Each member of the make to the cultural and social history Smithsonian Institution’s representation of Commission who is not an officer or em- of the United States, this is a most fit- American Latino art, life, history, and cul- ployee of the Federal Government may re- ting measure. ture; or ceive compensation for each day on which (E) extensive experience in public or elect- the member is engaged in the work of the b 1245 ed service; or Commission, at a daily rate to be determined The legislation was the subject of (2) experience in the administration of, or by the Secretary of the Interior. hearings in the House last Congress, the planning for the establishment of, muse- (c) TRAVEL EXPENSES.—Each member shall ums devoted to the study and promotion of and I would note that a nearly iden- be entitled to travel expenses, including per tical measure passed the House on Sep- the role of ethnic, racial, or cultural groups diem in lieu of subsistence, in accordance in American history. with applicable provisions under subchapter tember 27, 2006. SEC. 3. FUNCTIONS OF THE COMMISSION. I of chapter 57 of title 5, United States Code. As the face of this Nation is rep- (a) PLAN OF ACTION FOR ESTABLISHMENT (d) FEDERAL ADVISORY COMMITTEE ACT.— resented by many people, the museum AND MAINTENANCE OF MUSEUM.—The Com- The Commission is not subject to the provi- would be an opportunity for all of

VerDate Aug 31 2005 01:22 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.017 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE February 6, 2007 CONGRESSIONAL RECORD — HOUSE H1223 America to look at the diversity, to ap- LEHTINEN, for her tireless efforts on be- consume to the gentlewoman from preciate the many peoples that make half of this legislation. She and I have Florida (Ms. ROS-LEHTINEN), a co- up this great country of ours. served as a, I hope, dynamic duo in try- author of the legislation. And I want to take this opportunity ing to move this forward with all our Ms. ROS-LEHTINEN. I rise in strong to also commend and congratulate my colleagues who were supporting this support today, Mr. Speaker, of H.R. 512, colleague from California, XAVIER legislation. the commission to study the potential BECERRA, for his leadership on this Many us believe that there is no creation of a National Museum of the matter. He has worked very hard with place on this Earth like the National American Latino Community Act. And many parties to bring this legislation Mall that we have here in Washington, I would like to thank my dear friend, to fruition. D.C. If anyone from Mars were to come Mr. BECERRA of California, for his com- Mr. Speaker, we strongly support and ask what is it like to be an Amer- mitment in bringing this important H.R. 512 and urge the adoption of the ican, I would send them directly to the legislation to the floor. We have been legislation by the House today. National Mall and say, go through the working on it for a number of years. It Mr. Speaker, I reserve the balance of museums that we have at the Smithso- has got strong bipartisan support, and my time. nian. Take a look at the various arti- it has been a delight for me to have Mrs. MCMORRIS RODGERS. Mr. facts that give you a sense of our cul- worked with him and members of my Speaker, I rise in support of H.R. 512, ture, our history, our heritage as a Na- staff to have worked with his staff as and yield myself as much time as I tion; and you will have a better sense well. may consume. of what it means to be an American As the Republican lead on this legis- Latinos have played an integral part after that walk. It would probably take lation, I am so pleased that this bill in American history since the founding you a few weeks if you want to go will take the next step in developing a of the United States. In fact, they were plan of action for an establishment of a on the continent for more than two through all the different museums, but National Museum of the American centuries prior to the signing of the you will have a better sense of what it Latino. Declaration of Independence. Despite means to be an American than, I think, The commission would be comprised the growth of Latino inclusion pro- if you go anywhere else in this world. The only problem I have, and the of experts in art and museum adminis- grams at the Smithsonian over the only disappointment I have, is that you tration, as well as individuals with ex- past decade, supporters of H.R. 512 be- don’t get the full picture of what it has perience in the development of similar lieve that the ‘‘mosaic portrayed in the cultural institutions. The commission Washington museums’’ is incomplete meant to be an American. We have without a museum dedicated to the moved forward to try to take care of would have the responsibility of exam- community. that over the years. We have a museum ining and reporting to Congress and This bill passed the House in the that recently opened in the last 4 or 5 the President a plan to establish a new 109th Congress, but we have concerns years that will help us better under- national museum. that this legislation requires the Sec- stand what it has meant to be a Native Even as the largest minority group in retary of the Interior to provide admin- American in this country. We are going the United States, Hispanic Americans, istrative services, facilities and funds to put shovel in ground very soon in are not fully represented by one of the for the operation of the commission. In trying to help America understand the permanent exhibits in Washington’s a hearing on the bill, the National history and the plight of many Ameri- museums, currently there are over 42 Park Service testified that the com- cans of African descent who have come million Hispanics in the United States. mission would fit better at the General into this country and the generations Furthermore, the Census Bureau esti- Services Administration, whose mis- that have followed, and what it means mates that in the year 2050, the His- sion is well suited to serve the commis- to be African American in this coun- panic population in the U.S. will reach sion. If the bill had been crafted this try. over 100 million. way, it would have enabled the Trans- I hope, at some point, this commis- As we can see, Hispanic Americans portation and Infrastructure Com- sion will report back to us on what are our country’s largest and fastest mittee to provide its expertise on these best we can do as a Nation to make growing minority group, and they con- issues. sure that when someone does walk tinue to expand and contribute to the Despite these concerns, I support the through the Mall of the Capital and greatness of our wonderful country. bill, commend the authors, including visits those precious museums that we As the first Hispanic American Congresswoman ILEANA ROS-LEHTINEN have, that they will have that sym- woman elected to Congress, I am so for her persistence and hard work in phony and that understanding that proud to advance the issues affecting helping craft this measure. comes from visiting those tremendous all citizens living in our great country. Mr. Speaker, I reserve the balance of facilities of what it means to be an I have been proud to represent my di- my time. American and what it is to be proud of verse south Florida constituency for Mr. GRIJALVA. Mr. Speaker, I would our American history and culture. many years now in Congress, and I like again to commend Congressman This legislation, which has the sup- look forward to a future that is, in- XAVIER BECERRA of California for port, I am very glad to say, of a bipar- deed, bright for individuals across our bringing H.R. 512 before us and yield tisan group of Members in the House, terrific country. him as much time as he may consume. should help us get a sense from the ex- Hispanic Americans are playing an Mr. BECERRA. Mr. Speaker, I would perts, not politicians, not people who increasing role also in the Nation’s like to begin by thanking the commit- have no real understanding of this, but economy and in our workforce. For ex- tees of jurisdiction for helping move from the experts of whether or not ample, according to the Office of Man- this legislation forward quickly. there is value in moving forward the agement and Budget, the unemploy- Last session what we found was that idea of trying to have a place where we ment rate among the Hispanic commu- we just ran out of time. This bill have resided within it, the culture, the nity dropped to 4.7, an all-time record passed unanimously out of the House of experience, the history, the art, the low. This statistic demonstrates that Representatives, not a single opposing heritage of Americans of Latino de- the economic policies of lower taxes vote, and we came very, very close in scent. and less government regulations are the Senate to having this actually go Mr. Speaker, I thank the gentleman working and that all Americans are to the desk of the President, where I from Arizona for yielding me the time; benefiting from it. am sure he would have signed it. Unfor- thank the two committees of jurisdic- The great diversity of ethnicities and tunately, time became the enemy. And tion and certainly all the cosponsors of nationalities of the many people of the I hope that now, moving this quickly this legislation, but principally to my United States is what makes our Na- through the process, we will be able to colleague in crime here, the Congress- tion strong, is what continues to be a give the Senate the time it needs to woman from Florida, Ms. ILEANA ROS- home for many different cultures; and move through its process as well. LEHTINEN. this national museum will signify our I want to thank my colleague and Mrs. MCMORRIS RODGERS. Mr. strong commitment to proudly exhibit friend from Florida, Ms. ILEANA ROS- Speaker, I yield such time as she may America’s rich cultural diversity.

VerDate Aug 31 2005 01:22 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.019 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE H1224 CONGRESSIONAL RECORD — HOUSE February 6, 2007 Therefore, I ask all of my colleagues the House for passage on September 27 sources, I urge my colleagues to move quickly to join me in support of this important of last year. It is only our regret that so that the bill can become law this year and legislation to ensure that visitors to it did not pass the Senate. we can begin the process of planning a Na- our Nation’s Capital gain a more com- The Latino American community is tional Museum of the American Latino here in plete understanding of who we are as often recognized for its rich traditions, Washington, D.C. Americans. its sense of community, and deeply I congratulate Representative BECERRA and Mr. GRIJALVA. Mr. Speaker, at this rooted beliefs which are woven Representative ROS-LEHTINEN for their leader- time I would like to yield as much time throughout the fabric of American his- ship in introducing this legislation and for their as he may consume to my good friend tory. As the Nation’s fastest growing hard work in pushing it successfully through from California (Mr. BACA), for re- ethnic community, the Latino popu- the House last year. marks on H.R. 512, in which he has lation in America has more than dou- Persons of Hispanic, or Latino, descent been a participant and a hard worker bled in size in the last 10 years to over have lived in the Western Hemisphere for 500 getting the legislation to this point. 40 million, and continues to grow. years. In the United States, they have become Mr. BACA. Mr. Speaker, I thank the The creation of a national museum of the largest minority group, and their impact will gentleman from Arizona for allowing the American Latino community would only grow stronger in the future. The culture of me the time to say a few words. And I enable Latino Americans to tell their the Americas reflects a unique mixture of what want to raise my strong voice in sup- story in their own words and would cre- was brought from Europe, inherited from the port of H.R. 512. This is important leg- ate a destination for students, families indigenous Native Americans, contributed by islation that would establish a commis- and visitors that would accurately de- Africans forced to come here during the era of sion to study the potential creation of pict Latino American history. slavery, and stirred in the melting pot of inter- a National Museum of the American In order to explore the possibility of action with later immigrants from all around Latino. creating such a museum, the legisla- the world. And I want to thank my good friend, tion before us specifies that a commis- I am pleased to support consideration of a XAVIER BECERRA, for sponsoring this sion be created with 23 members, seven Latino Museum which I hope would undertake bill and championing this cause, which of whom would be appointed by the serious scholarly research, as well as create is of great significance to many His- President, and three voting and are and display exhibits to tell the story of the panics, Latinos throughout the Nation, non-voting. Each would be appointed American Latino to an ever growing population throughout the country, including my- by the Speaker, the House Republican which will be increasingly exposed to such cul- self. leader, the Senate majority leader, and tural influences in the years ahead. This is a This is a bipartisan legislation that the Senate Republican leader. project which all Americans can enthusiasti- basically asks for a study to create a Once appointed, the commissioners cally embrace. National Museum of the American would assess the cost of the museum, Our Committee on House Administration Latino. Bipartisan. its impact on other Hispanic and worked for years with the gentleman from Currently, there are over 45 million Latino-related museums, identify a Georgia, Representative JOHN LEWIS, to estab- Latinos in the United States, including possible location for the museum, and lish the Smithsonian African American Mu- Puerto Rico. The social, cultural and propose guidelines on the museum’s op- seum which finally became law in 2003. That economic contributions of Latinos in eration. The commission would also legislation worked its way through Congress the United States have an important work closely with the Latino American over a period of 17 years, passed the House history, an important history, and are community during the design and de- and the Senate in different forms during that growing daily. We must realize that. velopment phase to ensure that the time, and then was successfully revived and American Latinos are natives to museum accurately captures the studied by a Commission appointed by the many different parts of the world. Latino American experience. President and Congress. Some are from Puerto Rico, some are I urge my colleagues to, once again, Mr. Speaker, that Commission worked from South America, while others have support this important legislation through 2002 and early 2003 to compile infor- roots and ties to Mexico. But while we which is the first step in creating a na- mation and recommendations for Congress to hail from different countries, including tional museum of the American Latino use in considering whether to finally establish from right here in the United States, community that will serve as a testa- the museum, and in what form. While we did we have different backgrounds, and ment to the vibrant history and tradi- not accept all of the Commission’s rec- many of us share a similar experience tion of Latino Americans. And I would ommendations, I found that it provided invalu- and a wealth of common values. just be delighted to eventually see this able focus and momentum in moving the A national museum of the American constructed. project forward. Latino will help share this experience Now, Mr. Speaker, at the risk of H.R. 512, and any future legislation to es- and the values not only with Latinos, being the skunk at the garden party, I tablish a new museum which may spring from but with all. It will be a sense of pride, would like to add a postscript express- it, will hopefully enjoy a less tortuous path to tradition, culture and arts that would ing my concern about the proliferation a successful conclusion. The Commission to be exhibited to all Americans to see, of museums on the Mall and what this be created relating to the Museum of the all individuals. may do to the Mall. As you recall, the American Latino is largely patterned after the I urge my colleagues to cast a vote in Mall was designed many, many years African American Museum Commission, and favor and understanding of heritage of ago as a gathering place for America, this time we are considering establishing the all Americans and support this legisla- and it has nobly served that purpose. I Commission at the beginning of the process of tion. believe it is very important that we, in studying a museum rather than near the end. Mrs. MCMORRIS RODGERS. Mr. building any additional museums, not The new Commission will examine, among Speaker, I yield such time as he may impinge on that intent. other issues, whether this new museum consume to the ranking Republican of should be part of the Smithsonian Institution, 1300 the Committee on House Administra- b as is the new African American Museum. The tion, which also has jurisdiction over So establishing location is I think Smithsonian has unique expertise in both mu- the bill, the distinguished gentleman going to be one of the most difficult seum governance and successfully presenting from Michigan (Mr. EHLERS). parts of the work of this Commission, information which tells a story in both edu- Mr. EHLERS. Mr. Speaker, I rise in and I wish them well. But I think it is cational and entertaining ways. support of H.R. 512, which establishes a extremely important that we preserve Mr. Speaker, I urge passage of this legisla- commission to study the possible cre- the National Mall as the gathering tion. ation of a national museum of the place for America and make certain Mr. LARSON of Connecticut. Mr. Speaker, American Latino community. As you that any additional buildings on the today I rise in strong support of H.R. 512, the know, this bill mirrors H.R. 2134, which Mall fit well with that purpose. Commission to Study the Potential Creation of was referred to the Committee on Ms. MILLENDER-MCDONALD. Mr. Speaker, the National Museum of the American Latino House Administration in the last Con- as chairwoman of the Committee on House Act of 2007, which would recognize the tre- gress and which I was pleased to guide Administration, which shares jurisdiction over mendous cultural contributions of the Amer- through that committee and present to H.R. 512 with the Committee on Natural Re- ican Latino community.

VerDate Aug 31 2005 04:07 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 7634 Sfmt 9920 E:\CR\FM\K06FE7.020 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE February 6, 2007 CONGRESSIONAL RECORD — HOUSE H1225 I am proud to be an original cosponsor of ‘‘(2) If, as of January 1, 2006, the Secretary amendment to clarify the requirement H.R. 512, which would create a 23 member of the Interior and the Redwood Valley that the Secretary of the Interior must commission responsible for developing a plan County Water District have not renegotiated reschedule loan payments and that the the schedule of payment, the District may payments must begin immediately of action for the establishment and mainte- enter into such additional non-Federal obli- nance of a National Museum of the American gations as are necessary to finance procure- upon satisfaction of the Water Dis- Latino in Washington, DC. Specifically, this ment of dedicated water rights and improve- trict’s newer financial obligation. commission would be tasked with bringing ex- ments necessary to store and convey those Similar legislation was passed by perts, policymakers, and other interested par- rights to provide for the District’s water this House in the 109th Congress; and I ties together to discuss a viable blueprint for needs. The Secretary shall reschedule the congratulate my colleague, Congress- the museum. The commission would also de- payments due under loans numbered 14–06– man MIKE THOMPSON, for all of his hard sign a public-private partnership to fund the 200–8423A and 14–06–200–8423A Amendatory work on behalf of the Redwood Valley and said payments shall commence when museum. These recommendations would be County Water District. such additional obligations have been finan- I do urge my colleagues to support reported to Congress within 24 months of the cially satisfied by the District. The date of bill being signed into law. the initial payment owed by the District to passage of H.R. 235, as amended. During my tenure as Ranking Member of the United States shall be regarded as the Mr. Speaker, I reserve the balance of the House Administration Committee in the start of the District’s repayment period and my time. 108th Congress, the committee held a long the time upon which any interest shall first Mrs. MCMORRIS RODGERS. Mr. overdue hearing on this legislation. In the be computed and assessed under section 5 of Speaker, I yield myself such time as I 109th Congress, I was a cosponsor of this leg- the Small Reclamation Projects Act of 1956 may consume. islation and it passed in the House by a voice (43 U.S.C. 422a et seq.).’’. Mr. Speaker, I rise in reluctant sup- (2) By striking subsection (c). vote on September 27, 2006. Unfortunately, port of H.R. 235. There were many last-minute ques- the Senate was unable to pass this bill before The SPEAKER pro tempore. Pursu- tions about this bill mainly because a the adjournment of the 109th Congress. ant to the rule, the gentlewoman from The Latino population in the United States is California (Mrs. NAPOLITANO) and the hearing wasn’t held on it. I hope this estimated at 42.7 million, making the commu- gentlewoman from Washington (Mrs. will not be the standard procedure for nity the fastest growing group in the country. MCMORRIS RODGERS) each will control how the majority party brings legisla- They also have a rich heritage in this country 20 minutes. tion to the House floor. That is why I that is worth celebrating. I am hopeful that we The Chair recognizes the gentle- am pleased that the majority has made can finally get this bill to the President’s desk woman from California. additional inquiries regarding this bill for signature and get the process underway GENERAL LEAVE and has decided to offer an amendment for establishing this important museum. As a Mrs. NAPOLITANO. Mr. Speaker, I to address some concerns. With this former high school history teacher, I believe ask unanimous consent that all Mem- amendment, I will not oppose the legis- that passage of this legislation is crucial in bers may have 5 legislative days to relation. Mr. Speaker, I have no further re- educating all Americans of our nation’s cultural vise and extend their remarks and in- quests for time, and I yield back the diversity. clude extraneous material on the bill Mrs. MCMORRIS RODGERS. Mr. under consideration. balance of my time. Speaker, I yield back the balance of The SPEAKER pro tempore. Is there Mrs. NAPOLITANO. Mr. Speaker, I my time. objection to the request of the gentle- yield back the balance of my time. Mr. GRIJALVA. Mr. Speaker, I yield woman from California? The SPEAKER pro tempore. The back the balance of my time. There was no objection. question is on the motion offered by The SPEAKER pro tempore. The Mrs. NAPOLITANO. Mr. Speaker, I the gentlewoman from California (Mrs. question is on the motion offered by yield myself such time as I may con- NAPOLITANO) that the House suspend the gentleman from Arizona (Mr. sume. the rules and pass the bill, H.R. 235, as amended. GRIJALVA) that the House suspend the I rise in very strong support of H.R. The question was taken; and (two- rules and pass the bill, H.R. 512, as 235, as amended. This legislation will thirds being in the affirmative) the amended. allow the Redwood Valley County The question was taken; and (two- Water District in Northern California rules were suspended and the bill, as thirds being in the affirmative) the to renegotiate loans it received from amended, was passed. A motion to reconsider was laid on rules were suspended and the bill, as the Federal Government for an unsuc- the table. amended, was passed. cessful water project. This action will A motion to reconsider was laid on clear the way for the Water District to f the table. initiate a new project that will develop REMOVING CERTAIN RESTRIC- f a reliable supply of drinking water for TIONS ON MAMMOTH COMMU- that area. The District will rely only ALLOWING FOR RENEGOTIATION NITY WATER DISTRICT’S ABIL- on private financing for the new OF PAYMENT SCHEDULE OF CON- ITY TO USE CERTAIN PROPERTY project. No Federal money will be TRACTS BETWEEN SECRETARY ACQUIRED FROM THE UNITED spent on this new project. OF THE INTERIOR AND RED- STATES However, before the District can se- WOOD VALLEY COUNTY WATER Mrs. NAPOLITANO. Mr. Speaker, I cure private financing for any project, DISTRICT move to suspend the rules and pass the it must renegotiate the existing loans bill (H.R. 356) to remove certain re- Mrs. NAPOLITANO. Mr. Speaker, I to provide for their repayment subse- strictions on the Mammoth Commu- move to suspend the rules and pass the quent to repayment of the new loan. nity Water District’s ability to use cer- bill (H.R. 235) to allow for the renegoti- Once the new project is built and deliv- tain property acquired by that District ation of the payment schedule of con- ering water, it will provide enough rev- from the United States. tracts between the Secretary of the In- enue to allow the District to repay The Clerk read as follows: terior and the Redwood Valley County both its private loan and the United H.R. 356 Water District, and for other purposes, States Government. as amended. Be it enacted by the Senate and House of Rep- Specifically, this legislation allows resentatives of the United States of America in The Clerk read as follows: the Redwood County Valley Water Dis- Congress assembled, H.R. 235 trict to secure a private loan for a SECTION 1. REMOVAL OF CERTAIN RESTRIC- Be it enacted by the Senate and House of Rep- project to provide the region with a re- TIONS ON PROPERTY. resentatives of the United States of America in liable water supply. It also requires the Notwithstanding Public Law 90–171 (16 Congress assembled, Water District to repay its current sus- U.S.C. 484a; 81 Stat. 531), the approximately SECTION 1. RENEGOTIATION OF PAYMENT pended loan to the Federal Government 25 acres patented to the Mammoth County SCHEDULE. Water District (now known as the ‘‘Mam- Section 15 of Public Law 100–516 (102 Stat. once the renewed water project is paid moth Community Water District’’) by Pat- 2573) is amended as follows: for. ent No. 04–87–0038, on June 26, 1987, and re- (1) By amending paragraph (2) of sub- In consultation with the minority, corded in Volume 482, at page 517, of the offi- section (a) to read as follows: the legislation includes a minor cial records of the Recorder’s Office, Mono

VerDate Aug 31 2005 01:22 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A06FE7.014 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE H1226 CONGRESSIONAL RECORD — HOUSE February 6, 2007 County, California, may be used for purposes Service. Of these 25 acres, 12 acres were ment titled ‘‘Agreement Between the United other than the purpose for which those lands used for the storage of materials, and prior to States and the Yakima-Tieton Irrigation were being used prior to the conveyance to 1987, for oxidation ponds, which had become District to Transfer Title to Certain Feder- the Mammoth County Water District and ally Owned Buildings and Lands, With Cer- such lands may be transferred as authorized obsolete by that year. tain Property Rights, Title, and Interest, to under State law. After that time, Congress passed Public Law the Yakima-Tieton Irrigation District’’ 97–465 that allowed these lands to be trans- The SPEAKER pro tempore. Pursu- (Contract No. 5–07–10–L1658). ferred directly to the District. While the law al- (b) LIABILITY.—Effective upon the date of ant to the rule, the gentlewoman from lowed for acquisition of these lands, it also di- conveyance under this section, the United California (Mrs. NAPOLITANO) and the rected that they could only be used for those States shall not be held liable by any court gentlewoman from Washington (Mrs. purposes prior to the time of the conveyance. for damages of any kind arising out of any MCMORRIS RODGERS) each will control Today, however, these 12 acres are no act, omission, or occurence relating to the 20 minutes. conveyed buildings and lands, except for longer needed for the storage of materials and The Chair recognizes the gentle- damages caused by acts of negligence com- the community would like to utilize this land in woman from California. mitted by the United States or by its em- a more economically and socially viable man- ployees or agents before the date of convey- GENERAL LEAVE ner. ance. Nothing in this section increases the Mrs. NAPOLITANO. Mr. Speaker, I Such restrictions as those currently placed liability of the United States beyond that ask unanimous consent that all Mem- on the aforementioned acreage hinder the provided in chapter 171 of title 28, United bers may have 5 legislative days to re- Mammoth community’s ability to respond to States Code (popularly known as the Federal vise and extend their remarks and in- the growing needs of its citizens and visitors. Tort Claims Act), on the date of the enactment of this Act. clude extraneous material on the bill As such, passage of this legislation would under consideration. (c) BENEFITS.—After conveyance of the allow the town to accommodate for the grow- buildings and lands to the Yakima-Tieton Ir- The SPEAKER pro tempore. Is there ing economic and social needs of the region. rigation District under this section— objection to the request of the gentle- In particular I am pleased to inform my col- (1) such buildings and lands shall not be woman from California? leagues of plans to use these acres for en- considered to be a part of a Federal reclama- There was no objection. hanced emergency services availability for the tion project; and Mrs. NAPOLITANO. Mr. Speaker, I people of Mammoth Lakes. (2) such irrigation district shall not be eli- yield myself such time as I may con- I would like to express my deep apprecia- gible to receive any benefits with respect to any buildings and lands conveyed, except sume. tion to Chairman RAHALL for bringing this leg- H.R. 356 removes congressionally im- benefits that would be available to a simi- islation to the floor and ask my colleagues to larly situated person with respect to such posed restrictions on the use of lands support its passage here today. buildings and lands that are not part of a transferred in 1987 from the United Mrs. MCMORRIS RODGERS. Mr. Federal reclamation project. States to the Mammoth Community Speaker, I have no further requests for (d) REPORT.—If the Secretary of the Inte- Water District in California. This legis- time, and I yield back the balance of rior has not completed the conveyance relation would allow the District to mod- my time. quired under subsection (a) within 12 months ify the use of these lands so that those Mrs. NAPOLITANO. Mr. Speaker, I after the date of the enactment of this Act, the Secretary shall submit to Congress a re- 12 acres of land now used for material yield back the balance of my time. storage may be put to a more bene- port that explains the reason such convey- The SPEAKER pro tempore. The ance has not been completed and stating the ficial use. question is on the motion offered by date by which the conveyance will be com- In 2004, the Subcommittee on Water the gentlewoman from California (Mrs. pleted. and Power held a hearing on similar NAPOLITANO) that the House suspend The SPEAKER pro tempore. Pursu- legislation. In the 109th Congress, simi- the rules and pass the bill, H.R. 356. ant to the rule, the gentlewoman from lar legislation was favorably reported The question was taken; and (two- California (Mrs. NAPOLITANO) and the by the committee and passed by the thirds being in the affirmative) the gentlewoman from Washington (Mrs. House. rules were suspended and the bill was MCMORRIS RODGERS) each will control We have no objections on this non- passed. 20 minutes. controversial bill. A motion to reconsider was laid on The Chair recognizes the gentle- Mr. Speaker, I reserve the balance of the table. woman from California. my time. f GENERAL LEAVE Mrs. MCMORRIS RODGERS. Mr. Mrs. NAPOLITANO. Mr. Speaker, I b 1315 Speaker, I yield myself such time as I ask unanimous consent that all Mem- may consume. YAKIMA-TIETON IRRIGATION DIS- bers may have 5 legislative days to re- Mr. Speaker, I rise in support of H.R. TRICT CONVEYANCE ACT OF 2007 vise and extend their remarks and in- 356. H.R. 356, introduced by our col- Mrs. NAPOLITANO. Mr. Speaker, I clude extraneous material on the bill league from California, BUCK MCKEON, move to suspend the rules and pass the under consideration. removes land use restrictions on prop- bill (H.R. 386) to authorize the Sec- The SPEAKER pro tempore. Is there erty acquired from the Forest Service retary of the Interior to convey certain objection to the request of the gentle- by the Mammoth Community Water buildings and lands of the Yakima woman from California? District in Mono County, California. Project, Washington, to the Yakima- There was no objection. In 1987, the U.S. Forest Service con- Tieton Irrigation District. Mrs. NAPOLITANO. Mr. Speaker, I veyed 25 acres to the Water District The Clerk read as follows: yield myself such time as I may con- under land use conditions at the time. sume. Of these lands, 12 acres are now needed H.R. 386 Mr. Speaker, H.R. 386 would transfer for different uses, including much- Be it enacted by the Senate and House of Rep- title for approximately 9 acres of land needed water utility operations. Imple- resentatives of the United States of America in and several buildings to the Yakima- Congress assembled, mentation of this noncontroversial bill Tieton Irrigation District. The terms will ultimately benefit the local water SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Yakima- of the transfer are included in a formal consumer and will adhere to all Fed- Tieton Irrigation District Conveyance Act of agreement between the Bureau of Rec- eral, State, and local environmental 2007’’. lamation and the irrigation district. laws. SEC. 2. CONVEYANCE OF CERTAIN BUILDINGS Other parts of the reclamation project, I urge my colleagues to support this AND LANDS OF THE YAKIMA including the Tieton diversion dam and commonsense legislation. PROJECT, WASHINGTON. associated canals, would not be af- Mr. MCKEON. Mr. Speaker, I rise today to (a) CONVEYANCE REQUIRED.—The Secretary fected. offer my strong support for HR 356, legislation of the Interior shall convey to the Yakima- In the 109th Congress, the Sub- Tieton Irrigation District, located in committee on Water and Power held a I introduced earlier this year to remove restric- Yakima County, Washington, all right, title, tions on 25 acres of land patented to the and interest of the United States in and to hearing on similar legislation. That Mammoth County Water District. the buildings and lands of the Yakima bill was favorably reported by the com- Prior to 1987, the District occupied this land Project, Washington, in accordance with the mittee and passed by this House. We through a special use permit with the Forest terms and conditions set forth in the agree- have no objection to this legislation.

VerDate Aug 31 2005 01:22 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A06FE7.003 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE February 6, 2007 CONGRESSIONAL RECORD — HOUSE H1227 Mr. Speaker, I reserve the balance of The SPEAKER pro tempore. The facility under this Act, the United States my time. question is on the motion offered by shall not be liable for damages arising out of Mrs. MCMORRIS RODGERS. Mr. the gentlewoman from California (Mrs. any act, omission, or occurrence relating to the land and facilities, consistent with Arti- Speaker, I rise in support of H.R. 386 NAPOLITANO) that the House suspend and yield myself such time as I may cle 9 of Contract No. 02–LC–20–7790 between the rules and pass the bill, H.R. 386. the United States and Placer County Water consume. The question was taken. Agency. Mr. Speaker, H.R. 386, sponsored by The SPEAKER pro tempore. In the our colleague, the gentleman from The SPEAKER pro tempore. Pursu- opinion of the Chair, two-thirds being ant to the rule, the gentlewoman from Washington (Mr. HASTINGS), conveys 9 in the affirmative, the ayes have it. acres of federally owned land and ad- California (Mrs. NAPOLITANO) and the Mrs. NAPOLITANO. Mr. Speaker, on gentlewoman from Washington (Mrs. ministrative buildings to the Yakima- that I demand the yeas and nays. Tieton Irrigation District in Wash- MCMORRIS RODGERS) each will control The yeas and nays were ordered. 20 minutes. ington State. No project facilities, such The SPEAKER pro tempore. Pursu- as dams, diversion structures or canals, The Chair recognizes the gentle- ant to clause 8 of rule XX and the woman from California. are included in this title transfer. The Chair’s prior announcement, further transfer has been in the works for al- proceedings on this question will be GENERAL LEAVE most a decade. postponed. Mrs. NAPOLITANO. Mr. Speaker, I This legislation, also introduced by ask unanimous consent that all Mem- the junior Senator from Washington f bers may have 5 legislative days to re- State, will enhance more private own- AMERICAN RIVER PUMP STATION vise and extend their remarks and in- ership and decrease the Federal Gov- PROJECT TRANSFER ACT OF 2007 clude extraneous material on the bill ernment’s liability. It is a win for the Mrs. NAPOLITANO. Mr. Speaker, I under consideration. local community and a win for the move to suspend the rules and pass the The SPEAKER pro tempore. Is there American taxpayer. bill (H.R. 482) to direct the Secretary of objection to the request of the gentle- I urge my colleagues to support this the Interior to transfer ownership of woman from California? important bipartisan legislation. the American River Pump Station There was no objection. Mrs. NAPOLITANO. Mr. Speaker, I Project, and for other purposes. Mrs. NAPOLITANO. Mr. Speaker, I reserve the balance of my time. The Clerk read as follows: yield myself such time as I may con- Mrs. MCMORRIS RODGERS. Mr. sume. H.R. 482 Speaker, I yield such time as he may Mr. Speaker, H.R. 482 directs the Sec- consume to the gentleman from Wash- Be it enacted by the Senate and House of Rep- retary of the Interior to convey certain ington (Mr. HASTINGS). resentatives of the United States of America in Congress assembled, lands and the water pumping facility Mr. HASTINGS of Washington. Mr. under construction on the American Speaker, I thank the gentlelady for SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘American River to the Placer County Water yielding. Agency in California. Currently, the Mr. Speaker, H.R. 386 is a pretty River Pump Station Project Transfer Act of Bureau of Reclamation is obligated by straightforward bill. This legislation 2007’’. a previous agreement to supply tem- would authorize the transfer of about 9 SEC. 2. AUTHORITY TO TRANSFER. porary pumping service to satisfy the acres of Federal property along with a The Secretary of the Interior (hereafter in this Act referred to as the ‘‘Secretary’’) shall water rights of the Placer County few associated structures from the Bu- transfer ownership of the American River Water Agency. This temporary pump- reau of Reclamation to the Yakima- Pump Station Project located at Auburn, ing is done at considerable cost to the Tieton Irrigation District in central California, which includes the Pumping Bureau of Reclamation. The American Washington. Plant, associated facilities, and easements River Pump Station will provide a per- The irrigation district has fully re- necessary for permanent operation of the fa- paid its obligations to the Federal Gov- cilities, to the Placer County Water Agency, manent facility for the delivery of ernment related to these properties in accordance with the terms of Contract No. water to that agency. and now simply pays the bureau for 02–LC–20–7790 between the United States and H.R. 482 allows the bureau to satisfy their operation and maintenance. This Placer County Water Agency and the terms its contractual obligations by transfer- and conditions established in this Act. conveyance would enable the irrigation ring this facility and eliminates the district to make needed improvements, SEC. 3. FEDERAL COSTS NONREIMBURSABLE. continued cost of providing temporary Federal costs associated with construction while allowing the bureau to focus its pumping service to that agency. of the American River Pump Station Project In the 109th Congress, the Sub- limited resources where they are more located at Auburn, California, are non- urgently needed. committee on Water and Power held a reimbursable. hearing on similar legislation, and the This legislation is based on a formula SEC. 4. GRANT OF REAL PROPERTY INTEREST. agreement negotiated between the bu- bill was subsequently favorably re- The Secretary is authorized to grant title ported by the committee and passed by reau and the Yakima-Tieton Irrigation to Placer County Water Agency as provided District in 2004. I commend the irriga- in section 2 in full satisfaction of the United the House. We have no objections to tion district and the staff of the bureau States’ obligations under Land Purchase this legislation. for working together at the local level Contract 14–06–859–308 to provide a water sup- Mr. Speaker, I reserve the balance of to resolve the concerns of the parties ply to the Placer County Water Agency. my time. involved. SEC. 5. COMPLIANCE WITH ENVIRONMENTAL Mrs. MCMORRIS RODGERS. Mr. Mr. Speaker, this same legislation LAWS. Speaker, I rise in support of H.R. 482, (a) IN GENERAL.—Before conveying land and yield myself such time as I may passed unanimously during the pre- and facilities pursuant to this Act, the Sec- vious Congress, but didn’t get through consume. retary shall comply with all applicable re- Mr. Speaker, H.R. 482, introduced by during the final parts of the session. So quirements under— I urge my colleagues to support this (1) the National Environmental Policy Act our colleague, the gentleman from bill again today so that we may move of 1969 (42 U.S.C. 4321 et seq.); California (Mr. DOOLITTLE), directs the it on to the other body. (2) the Endangered Species Act of 1973 (16 Secretary of the Interior to transfer I want to thank Chairman RAHALL U.S.C. 1531 et seq.); and ownership of the American River Pump and Ranking Member YOUNG of the (3) any other law applicable to the land and Station Project to the Placer County Natural Resources Committee and facilities. Water Agency in Northern California. (b) EFFECT.—Nothing in this Act modifies their staff for their assistance in expe- To facilitate construction of the Au- or alters any obligations under— burn Dam nearly 40 years ago, the Fed- diting this bill. (1) the National Environmental Policy Act Mrs. MCMORRIS RODGERS. Mr. of 1969 (42 U.S.C. 4321 et seq.); or eral Government removed a locally Speaker, I have no additional speakers, (2) the Endangered Species Act of 1973 (16 owned pump station located at the dam and I yield back the balance of my U.S.C. 1531 et seq.). site. time. SEC. 6. RELEASE FROM LIABILITY. The dam was never built. Now the Mrs. NAPOLITANO. Mr. Speaker, I Effective on the date of transfer to the Federal Government is building a per- yield back the balance of my time. Placer County Water Agency of any land or manent pump station to replace the

VerDate Aug 31 2005 01:22 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.029 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE H1228 CONGRESSIONAL RECORD — HOUSE February 6, 2007 one it removed years earlier. Under an the permanent pump station and Strategic Af- maining electronic vote will be con- agreement, the Federal Government fairs Director Einar Maisch who offered strong ducted as a 5-minute vote. must transfer the pump station to the testimony in support of this bill and helped us f local water users once construction is to get here today. complete. Before the transfer can take As the completion of the pump station will BAINBRIDGE ISLAND JAPANESE place, congressional authorization is provide regional benefits to so many in West- AMERICAN MONUMENT ACT OF needed, and this legislation achieves ern Placer County, I want to thank the City 2007 that purpose. Councils in Rocklin and Lincoln and our Coun- The SPEAKER pro tempore. The Mr. Speaker, I urge my colleagues to ty Board of Supervisors for their steadfast sup- pending business is the question of sus- support this commonsense bill. port of this critical project. I would also be re- pending the rules and passing the bill, Mr. Speaker, I yield such time as he miss for not recognizing the commitment and H.R. 161. may consume to the gentleman from dedication of two local U.S. Bureau of Rec- The Clerk read the title of the bill. OOLITTLE), the author California (Mr. D lamation staff: Regional Director Kirk Rodgers The SPEAKER pro tempore. The of the bill. and Central Area Office Manager Mike question is on the motion offered by Mr. DOOLITTLE. Mr. Speaker, I Finnegan. the gentleman from Arizona (Mr. would like to thank the chairman of This entire group made up the team which GRIJALVA) that the House suspend the the committee, Mr. RAHALL, and the worked for years in advancing the permanent rules and pass the bill, H.R. 161, on ranking member, Mr. YOUNG, and also American River Pump Station to get us to the which the yeas and nays are ordered. thank Mrs. NAPOLITANO and Mrs. point we are at today, and it is with them in The vote was taken by electronic de- MCMORRIS RODGERS for their help on mind that I urge my colleagues to join me in vice, and there were—yeas 419, nays 0, this legislation. supporting H.R. 482. This has been quite a few years in Mrs. NAPOLITANO. Mr. Speaker, I not voting 15, as follows: production. The pump station is almost yield myself such time as I may con- [Roll No. 76] complete. It will be completed next sume. YEAS—419 year sometime, we anticipate; and we Mr. Speaker, I thank my colleague, Abercrombie Clarke Giffords would like to have this last detail of Mrs. MCMORRIS RODGERS. Hopefully, Ackerman Clay Gilchrest Aderholt Cleaver Gillibrand the transfer put in order. we will be able to continue working in Akin Clyburn Gillmor You have heard the explanation as to a bipartisan manner to get these very, Alexander Coble Gingrey why we need the legislation, fulfilling very critical projects going and ap- Allen Cohen Gohmert an obligation made by the Federal Gov- proved and moving out of this House. I Altmire Cole (OK) Gonzalez Andrews Conyers Goode ernment years ago to the Placer Coun- am sure that we are going to have oth- Arcuri Cooper Goodlatte ty Water Agency. ers that are just equally important. I Baca Costello Gordon I am very appreciative to our col- hope the same consideration is given to Bachmann Courtney Granger Bachus Cramer Graves leagues for bringing this bill up and all those. Baird Crenshaw Green, Al urge its passage. Mrs. MCMORRIS RODGERS. Mr. Baker Crowley Green, Gene Mr. Speaker, I am pleased to be here today Speaker, let me just say congratula- Baldwin Cubin Grijalva in support of H.R. 482, the American River tions to the chairman of the Water and Barrett (SC) Cuellar Gutierrez Barrow Culberson Hall (NY) Pump Station Project Transfer Act. This legis- Power Subcommittee. I do look for- Bartlett (MD) Cummings Hall (TX) lation will authorize the transfer of ownership ward to working with her on a bipar- Barton (TX) Davis (AL) Hare of the American River Pump Station, located tisan basis to move many of these Bean Davis (CA) Harman projects forward, important projects, Becerra Davis (IL) Hastings (FL) in Auburn, CA, to the Placer County Water Berkley Davis (KY) Hastings (WA) Agency (Agency). I would like to thank the all across the country. Berman Davis, David Hayes Chairman and Ranking Member of the Natural Mr. Speaker, I yield back the balance Berry Davis, Tom Heller Resources Committee for bringing this legisla- of my time. Biggert Deal (GA) Hensarling Mrs. NAPOLITANO. Mr. Speaker, I Bilbray DeFazio Herger tion to the floor in such a timely manner. Bilirakis DeGette Herseth During the 1960s, the Bureau of Reclama- yield back the balance of my time. Bishop (GA) Delahunt Higgins tion (Bureau) acquired the site of the original The SPEAKER pro tempore. The Bishop (NY) DeLauro Hill question is on the motion offered by Bishop (UT) Dent Hinchey American River Pump Station and removed it Blackburn Diaz-Balart, L. Hinojosa to facilitate contraction of the Auburn Dam. the gentlewoman from California (Mrs. Blumenauer Diaz-Balart, M. Hirono When construction of the dam was halted, the NAPOLITANO) that the House suspend Blunt Dicks Hobson Agency was left unable to meet its water the rules and pass the bill, H.R. 482. Boehner Dingell Hodes Bonner Doggett Hoekstra needs. Since 1990, the Bureau has installed The question was taken. The SPEAKER pro tempore. In the Boozman Donnelly Holden seasonal pumps to help the Agency provide Boren Doolittle Holt water during the dry summer. Unfortunately, opinion of the Chair, two-thirds being Boswell Doyle Honda in the affirmative, the ayes have it. Boucher Drake Hooley these pumps need to be removed each winter Boustany Dreier Hoyer and reinstalled in time for the summer months. Mr. DOOLITTLE. Mr. Speaker, on that I demand the yeas and nays. Boyd (FL) Duncan Hulshof This is an expensive process that leaves the Boyda (KS) Edwards Hunter The yeas and nays were ordered. Agency without the long-term water-use cer- Brady (PA) Ehlers Inglis (SC) The SPEAKER pro tempore. Pursu- Brady (TX) Ellison Inslee tainty it needs. To remedy this situation, a new ant to clause 8 of rule XX and the Braley (IA) Ellsworth Israel American River Pump Station will be con- Brown (SC) Emanuel Issa Chair’s prior announcement, further Brown, Corrine Emerson Jackson (IL) structed by the Bureau, and this legislation is proceedings on this question will be needed to authorize the transfer of that station Brown-Waite, Engel Jackson-Lee postponed. Ginny English (PA) (TX) to the local agency for future operations. Buchanan Eshoo Jefferson This legislation is supported by the Bureau, f Burgess Etheridge Jindal the Agency and the local elected officials, and ANNOUNCEMENT BY THE SPEAKER Burton (IN) Everett Johnson (GA) Butterfield Fallin Johnson (IL) I appreciate all their hard work in this endeav- PRO TEMPORE Calvert Farr Johnson, E. B. or. I would specifically like to thank the mem- The SPEAKER pro tempore. Pursu- Camp (MI) Fattah Johnson, Sam bers of the Placer County Water Agency: Cur- ant to clause 8 of rule XX, proceedings Campbell (CA) Feeney Jones (NC) rent Board Chairman Lowell Jarvis; board Cannon Ferguson Jones (OH) will resume on motions to suspend the Cantor Filner Jordan members Alex Ferreira, Otis Wollen, and Mike rules previously postponed. Capito Flake Kagen Lee; and new board member Grey Allen have Votes will be taken in the following Capps Forbes Kanjorski all worked to enable the Agency to meet the Capuano Fortenberry Kaptur order: Cardoza Fossella Keller water-use needs of the community it serves. I H.R. 161, by the yeas and nays; Carnahan Foxx Kennedy also want to recognize former board member H.R. 386, by the yeas and nays. Carney Frank (MA) Kildee Pauline Roccucci who spoke with me many The postponed vote on H.R. 482 will Carson Franks (AZ) Kilpatrick times on this issue. I want to thank General be taken tomorrow. Castle Frelinghuysen Kind Castor Gallegly King (IA) Manager Dave Breninger, who has been and The first electronic vote will be con- Chabot Garrett (NJ) King (NY) remains a tireless and passionate advocate of ducted as a 15-minute vote. The re- Chandler Gerlach Kingston

VerDate Aug 31 2005 01:22 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.031 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE February 6, 2007 CONGRESSIONAL RECORD — HOUSE H1229 Kirk Murphy, Patrick Shadegg question of suspending the rules and Maloney (NY) Peterson (MN) Smith (NJ) Klein (FL) Murphy, Tim Shays passing the bill, H.R. 386. Manzullo Petri Smith (TX) Kline (MN) Murtha Shea-Porter Marchant Pickering Smith (WA) Knollenberg Musgrave Sherman The Clerk read the title of the bill. Markey Pitts Snyder Kucinich Myrick Shimkus The SPEAKER pro tempore. The Marshall Platts Solis Kuhl (NY) Nadler Shuler question is on the motion offered by Matheson Poe Souder LaHood Napolitano Shuster Matsui Pomeroy Space Lamborn Neal (MA) Simpson the gentlewoman from California (Mrs. McCarthy (CA) Porter Spratt Langevin Neugebauer Sires NAPOLITANO) that the House suspend McCarthy (NY) Price (GA) Stark Lantos Nunes Skelton McCaul (TX) Price (NC) Stearns Larsen (WA) Oberstar Slaughter the rules and pass the bill, H.R. 386, on McCollum (MN) Putnam Stupak Larson (CT) Obey Smith (NE) which the yeas and nays are ordered. McCotter Radanovich Sullivan Latham Olver Smith (NJ) McCrery Rahall This will be a 5-minute vote. Sutton LaTourette Ortiz Smith (TX) McDermott Ramstad The vote was taken by electronic de- Tancredo Lee Pallone Smith (WA) McGovern Rangel Tanner Levin Pascrell Snyder vice, and there were—yeas 417, nays 0, McHugh Regula Tauscher Lewis (CA) Pastor Solis not voting 17, as follows: McIntyre Rehberg Taylor Lewis (GA) Paul Souder McKeon Reichert [Roll No. 77] Terry Lewis (KY) Payne Space McMorris Renzi Linder Pearce Spratt YEAS—417 Rodgers Reyes Thompson (CA) Lipinski Pence Stark McNerney Reynolds Thompson (MS) LoBiondo Perlmutter Stearns Abercrombie Cramer Hastings (WA) Thornberry Ackerman Crenshaw Hayes McNulty Rodriguez Loebsack Peterson (MN) Stupak Meehan Rogers (AL) Tiahrt Lofgren, Zoe Petri Sullivan Aderholt Crowley Heller Tiberi Akin Cubin Hensarling Meek (FL) Rogers (KY) Lowey Pickering Sutton Meeks (NY) Rogers (MI) Tierney Lucas Pitts Tancredo Alexander Cuellar Herger Towns Allen Culberson Herseth Melancon Rohrabacher Lungren, Daniel Platts Tanner Turner Altmire Cummings Higgins Mica Ros-Lehtinen E. Poe Tauscher Udall (CO) Andrews Davis (AL) Hill Michaud Roskam Lynch Pomeroy Taylor Udall (NM) Arcuri Davis (CA) Hinchey Millender- Ross Mack Porter Terry McDonald Roybal-Allard Upton Mahoney (FL) Price (GA) Thompson (CA) Baca Davis (IL) Hinojosa Miller (FL) Ruppersberger Van Hollen Maloney (NY) Price (NC) Thompson (MS) Bachmann Davis (KY) Hirono Miller (MI) Rush Vela´ zquez Manzullo Putnam Thornberry Bachus Davis, David Hobson Miller (NC) Ryan (OH) Visclosky Marchant Radanovich Tiahrt Baird Davis, Tom Hodes Miller, Gary Ryan (WI) Walberg Markey Rahall Tiberi Baker Deal (GA) Hoekstra Miller, George Salazar Walden (OR) Marshall Ramstad Tierney Baldwin DeFazio Holden Mitchell Sali Walsh (NY) Matheson Rangel Towns Barrett (SC) DeGette Holt Mollohan Sa´ nchez, Linda Matsui Regula Turner Barrow Delahunt Honda Walz (MN) Moore (KS) T. McCarthy (CA) Rehberg Udall (CO) Bartlett (MD) DeLauro Hooley Wamp Moore (WI) Sanchez, Loretta McCarthy (NY) Reichert Udall (NM) Barton (TX) Dent Hoyer Wasserman Moran (KS) Sarbanes McCaul (TX) Renzi Upton Bean Diaz-Balart, L. Hulshof Schultz Moran (VA) Saxton McCollum (MN) Reyes Van Hollen Becerra Diaz-Balart, M. Hunter Waters Murphy (CT) Schakowsky McCotter Reynolds Vela´ zquez Berkley Dicks Inglis (SC) Watson McCrery Rodriguez Visclosky Berman Dingell Inslee Murphy, Patrick Schiff Watt McDermott Rogers (AL) Walberg Berry Doggett Israel Murphy, Tim Schmidt Waxman McGovern Rogers (KY) Walden (OR) Biggert Donnelly Issa Murtha Schwartz Weiner McHugh Rogers (MI) Walsh (NY) Bilbray Doolittle Jackson (IL) Musgrave Scott (GA) Welch (VT) McIntyre Rohrabacher Walz (MN) Bilirakis Doyle Jackson-Lee Myrick Scott (VA) Weldon (FL) McKeon Ros-Lehtinen Wamp Bishop (GA) Drake (TX) Nadler Sensenbrenner Weller Napolitano Serrano McMorris Roskam Wasserman Bishop (NY) Dreier Jefferson Westmoreland Neal (MA) Sessions Rodgers Ross Schultz Bishop (UT) Duncan Jindal Wexler Blackburn Edwards Johnson (GA) Neugebauer Sestak McNerney Roybal-Allard Waters Whitfield Blumenauer Ehlers Johnson (IL) Oberstar Shadegg McNulty Ruppersberger Watson Wicker Blunt Ellison Johnson, E. B. Obey Shays Meehan Rush Watt Wilson (NM) Meek (FL) Ryan (OH) Waxman Boehner Ellsworth Johnson, Sam Olver Shea-Porter Bonner Emanuel Jones (NC) Ortiz Sherman Wilson (OH) Meeks (NY) Ryan (WI) Weiner Wilson (SC) Melancon Salazar Welch (VT) Boozman Emerson Jones (OH) Pallone Shimkus Boren Engel Jordan Pascrell Shuler Wolf Mica Sali Weldon (FL) Woolsey Michaud Sa´ nchez, Linda Weller Boswell English (PA) Kagen Pastor Shuster Wu Millender- T. Westmoreland Boucher Eshoo Kanjorski Paul Simpson Wynn McDonald Sanchez, Loretta Wexler Boustany Etheridge Kaptur Payne Sires Yarmuth Miller (FL) Sarbanes Whitfield Boyd (FL) Everett Keller Pearce Skelton Miller (MI) Saxton Wicker Boyda (KS) Fallin Kennedy Pence Slaughter Young (AK) Miller (NC) Schakowsky Wilson (NM) Brady (PA) Farr Kildee Perlmutter Smith (NE) Young (FL) Miller, Gary Schiff Wilson (OH) Brady (TX) Fattah Kilpatrick Miller, George Schmidt Wilson (SC) Braley (IA) Feeney Kind NOT VOTING—17 Brown (SC) Ferguson King (IA) Mitchell Schwartz Wolf Bono Davis, Jo Ann Nunes Brown, Corrine Filner King (NY) Mollohan Scott (GA) Woolsey Buyer Davis, Lincoln Brown-Waite, Flake Kingston Peterson (PA) Moore (KS) Scott (VA) Wu Capito Hastert Ginny Forbes Kirk Pryce (OH) Moore (WI) Sensenbrenner Wynn Carter Lampson Buchanan Fortenberry Klein (FL) Rothman Moran (KS) Serrano Yarmuth Conaway McHenry Burgess Fossella Kline (MN) Royce Moran (VA) Sessions Young (AK) Costa Norwood Murphy (CT) Sestak Young (FL) Burton (IN) Foxx Knollenberg Butterfield Frank (MA) Kucinich NOT VOTING—15 Calvert Franks (AZ) Kuhl (NY) b 1400 Bono Davis, Jo Ann Norwood Camp (MI) Frelinghuysen LaHood Buyer Davis, Lincoln Peterson (PA) Campbell (CA) Gallegly Lamborn So (two-thirds being in the affirma- Carter Hastert Pryce (OH) Cannon Garrett (NJ) Langevin Conaway Lampson Rothman Cantor Gerlach Lantos tive) the rules were suspended and the Costa McHenry Royce Capps Giffords Larsen (WA) bill was passed. Capuano Gilchrest Larson (CT) b 1351 Cardoza Gillibrand Latham The result of the vote was announced Carnahan Gillmor LaTourette as above recorded. So (two-thirds being in the affirma- Carney Gingrey Lee tive) the rules were suspended and the Carson Gohmert Levin A motion to reconsider was laid on Castle Gonzalez Lewis (CA) bill was passed. Castor Goode Lewis (GA) the table. The result of the vote was announced Chabot Goodlatte Lewis (KY) as above recorded. Chandler Gordon Linder f Clarke Granger Lipinski A motion to reconsider was laid on Clay Graves LoBiondo the table. Cleaver Green, Al Loebsack RESIGNATION AS CLERK OF THE Clyburn Green, Gene Lofgren, Zoe f Coble Grijalva Lowey HOUSE OF REPRESENTATIVES Cohen Gutierrez Lucas YAKIMA-TIETON IRRIGATION DIS- Cole (OK) Hall (NY) Lungren, Daniel The SPEAKER pro tempore laid be- TRICT CONVEYANCE ACT OF 2007 Conyers Hall (TX) E. fore the House the following commu- Cooper Hare Lynch The SPEAKER pro tempore (Mr. Costello Harman Mack nication from the Clerk of the House of BAIRD). The pending business is the Courtney Hastings (FL) Mahoney (FL) Representatives:

VerDate Aug 31 2005 01:40 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A06FE7.015 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE H1230 CONGRESSIONAL RECORD — HOUSE February 6, 2007 OFFICE OF THE CLERK, The Chair recognizes the gentleman tain that they have bright futures HOUSE OF REPRESENTATIVES, from Maryland. based on the excellent work that they Washington, DC, February 6, 2007. Mr. HOYER. Mr. Speaker, we will not did here. Hon. NANCY PELOSI, take, certainly, the hour that is allot- I also would like to comment about Speaker, House of Representatives, Washington, DC. ted; but I first of all want to say some- the appointments that have been made. DEAR SPEAKER PELOSI: This is to inform thing about the two individuals who The new appointment for the Clerk, you that I am resigning my position as Clerk have just resigned their appointments Ms. Miller, from everything I see, is an of the House effective midnight on February as Clerk and as Chief Administrative outstanding appointment. We recognize 14, 2007. Thank you for the honor of renomi- Officer of the House of Representatives. that as traditionally the appointment nating me to serve in the position of Clerk of Mr. Speaker, I had the opportunity of the Speaker and can be made solely the House in the 110th Congress. to serve from 1987 to 2000 on the House by the Speaker and has been in the It has been an honor to serve the House of Administration Committee and worked past. Representatives and to work with so many with my friend, Mr. EHLERS, Mr. THOM- I look forward to good things from dedicated individuals. I will especially miss those hardworking men and women in the AS, and others. I was a member of the her. She is obviously very capable, has Office of the Clerk. Our Nation is a stronger House Administration Committee on an outstanding record in working in place because of their efforts. which Vic Fazio, our former colleague the House, the Senate, and various With best wishes, I am, from California, was the ranking mem- other places. I look forward to good Sincerely, ber. He and Mr. THOMAS came together work from her. KAREN L. HAAS. and selected Jay Eagen to be the Chief In regard to the selected candidate The SPEAKER pro tempore. Without Administrative Officer. for Chief Administrative Officer for the objection, the resignation is accepted. I think it would be inappropriate if I House, Mr. Beard, I do not object to his There was no objection. did not rise and congratulate Mr. appointment. He is, I think, of rel- f Eagen on the job that he has done. I be- atively good background and should be lieve that Jay Eagen has brought a de- able to manage the job, at least I seri- RESIGNATION AS CHIEF ADMINIS- gree of professional management to ously hope so. TRATIVE OFFICER OF THE this House of Representatives, which But I have serious concerns about the HOUSE OF REPRESENTATIVES has been a credit to the institution and lack of transparency and the selection The SPEAKER pro tempore laid be- a credit to all of the Members, and a process that resulted in his appoint- fore the House the following commu- credit, I might say, to my colleagues ment. Just to give a better history, nication from the Chief Administrative on the Republican side, to the Repub- when I first arrived here, it was shortly Officer of the House of Representatives: lican leadership on this issue, and I before the Republicans took over the OFFICE OF THE CHIEF ADMINISTATIVE congratulate them for that. majority, and there had been consider- OFFICER, HOUSE OF REPRESENTA- Mr. Eagen is someone who has able confusion in the House. We had TIVES, worked on this Hill for many years. He the bank scandal, the post office scan- Washington, DC, February 6, 2007. will be leaving the Hill and leaving this dal and so forth. A position was cre- Hon. NANCY PELOSI, M.C., city and moving his family to the west, ated, I forget the precise title, but Speaker, House of Representatives, Washington, DC. and we wish him the very, very best. something along the line of the direc- DEAR SPEAKER PELOSI: This is to inform Mr. Speaker, Karen Haas, who has tor of the nonlegislative and financial you that I am resigning my position as Chief been the Clerk and who submitted her functions of the House of Representa- Administrative Officer of the House of Rep- resignation is, as well, someone who tives. resentatives effective at midnight on Feb- has worked for this institution, cares The Speaker at that time, who was a ruary 14, 2007. Thank you for the honor of re- deeply about the House, and has com- Democrat, since they were in the ma- nominating me to serve in the position of ported herself, although for a rel- jority, appointed a person to fill that Chief Administrative Officer in the 110th atively short period of time as the post. It was General Wishart, I believe, Congress. Sincerely, Clerk of our House, in a way that and he resigned after several months JAY EAGEN, brought honor to the Office of Clerk saying basically he could not do the Chief Administrative Officer. and brought credit to the House of Rep- job, given the parameters that were The SPEAKER pro tempore. Without resentatives. imposed upon it. objection, the resignation is accepted. I know from my perspective person- When the Republicans took over the There was no objection. ally and from Speaker PELOSI, and I House of Representatives, they also ap- both want to, on behalf of our caucus, pointed, and it was largely a Speaker’s f extend to them our deepest thanks and appointment at that time, appointed ELECTING OFFICERS OF THE gratitude for the service that they someone to serve as the Chief Adminis- HOUSE OF REPRESENTATIVES have rendered to the House of Rep- trative Officer of the House. That posi- Mr. HOYER. Mr. Speaker, I offer a resentatives and to our country. Both tion was created and described by the privileged resolution (H. Res. 129) and of them, I know, have very exciting new majority. ask for its immediate consideration. things to come. They are both young, Mr. Faulkner had a good resume and The Clerk read the resolution, as fol- they both have much to offer, and we had a lot of good ideas, but, frankly, lows: wish them the very best. did not really meet the needs that we Mr. Speaker, I will reserve the bal- had for that position at that time. We H. RES. 129 ance of my comments on Ms. Miller then decided, and I believe Mr. HOYER Resolved, That Lorraine C. Miller of the State of Texas, be, and is hereby, chosen and Mr. Beard and would certainly was on the committee at the same time Clerk of the House of Representatives, effec- yield now to Mr. EHLERS, who may also with me, and we simply decided that tive February 15, 2007; and want to say something. we had to make this as nonpartisan a That Daniel P. Beard of the State of Mary- Mr. EHLERS. Mr. Speaker, I would position as possible. land be, and is hereby, chosen Chief Adminis- join my colleague from Maryland in So we formed a group, two Repub- trative Officer of the House of Representa- commending Jay Eagen and Karen licans, two Democrats, and they con- tives, effective February 15, 2007. Haas for the tremendous job they have ducted a nationwide search with a Mr. HOYER. Mr. Speaker, I would done, and, before Karen, Jeff Trandahl, search firm to find the best person for like to have an opportunity to speak who served temporarily as CAO during the Chief Administrative Officer posi- on the resolution before its immediate the bridge time before the selection of tion. adoption. Mr. Eagen, and who also served as the They ended up selecting someone The SPEAKER pro tempore. The Clerk of the House very ably. from the House of Representatives, Chair will distribute the time. They both, Jay Eagen and Karen someone who was familiar with it, but The gentleman from Maryland (Mr. Haas, have done a great job in that of- also someone with extensive adminis- HOYER) and the gentleman from Michi- fice. The House has run very, very well trative background who did a tremen- gan (Mr. EHLERS) each will control 30 as a result, and I commend them and dous job of operating this institution minutes. wish them well in the future. I am cer- since that time.

VerDate Aug 31 2005 01:40 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A06FE7.018 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE February 6, 2007 CONGRESSIONAL RECORD — HOUSE H1231 The main point I want to make is a Mr. HOYER also stated that what this Mr. EHLERS. Yes, I have several. process was set up that was bipartisan. House needs is a bipartisan and effec- Mr. Speaker, I yield 5 minutes to the It resulted in an excellent appoint- tively nonpartisan way to assure our- gentleman from California, a newly ap- ment, and I believe we should use that selves and the American people that pointed member of the Committee on same process again. the business of the House, the paying House Administration, the gentleman In fact, I felt so strongly about it, I of our bills, the managing of our infor- from California (Mr. DANIEL E. LUN- sent a letter to the Speaker last week mation systems, all of that which has GREN). pointing out that we should use that nothing to do with the formulation of Mr. DANIEL E. LUNGREN of Cali- same process again. Barely was the let- the policy, but everything to do with fornia. I thank the gentleman for yield- ter delivered that she announced pub- the effective management of the peo- ing. licly that she had selected a new CAO, ple’s House, is being done in a proper Mr. Speaker, I would like to echo the without using that process at all, with- fashion. words of those who have spoken the out input from the minority party. Now, I am not quoting this to throw words about the job that Jay Eagen Simply, we had the courtesy of chat- the words in Mr. HOYER’s face. That is and Karen Haas have done. They have ting with the new appointee, but noth- not my intent at all. It is simply my served this body well. They have done ing to say in the appointment or intent to show how at that time we us honor by their service. I am sure whether or not that person should have worked very hard to get a bipartisan they will continue with honorable serv- the appointment. agreement. That bipartisan agreement, ice in the future. I have met with him; I recognize he which Mr. HOYER spoke of, resulted in When I returned to the House of Rep- has considerable administrative abil- the appointment of Jay Eagen, our cur- resentatives after being away for 16 ity. He has been around a long time, rent Chief Administrative Officer, who years, I observed that there were some but I am very concerned because we did has served us so well for a number of things that were better about this not use the same process. I think this years. House and some things that were worse new appointee is going to owe his alle- Under Mr. Eagen’s tenure, just as an about this House. giance to only one person, that is the example, the House has achieved eight b 1415 Speaker of the House, and I don’t be- consecutive clean opinions from inde- lieve that is the best way to operate pendent auditors, an impressive result I noted that there was always a par- the House of Representatives. by any measure. This should be con- tisanship in this House, but there ap- At the same time, should anything trasted with the result when the Re- peared to be a harder edge to that par- deleterious or improper happen, we rec- publicans first took office, we asked for tisanship. And one of the things that ognize where the responsibility for that an independent outside audit, and the struck me was that we needed to be will lie, because it will be with the per- auditors came back and said the books around here more often. That is why I, son who made the appointment. are such a mess, we cannot even audit frankly, am one of those on this side of But I have firsthand knowledge, hav- them; you will have to construct an en- the aisle that believes that attempting ing served on the House Administra- tire new financial management system. to go to a 5-day workweek not only is tion Committee now for over 12 years, I was pleased that since I had helped good in terms of the product that we firsthand knowledge of the important develop the computer system that I will put out eventually, when we actu- role the Chief Administrative Officer was able to help develop a system that ally do go to 5-day workweeks, but the plays in the House operations, and it is was appropriate for that task. I think interchange and the interplay and the an extremely important job. all of this together has led to the clean opportunity for Members to deal with This is a complex organization on the audits that we have had for a number one another and get to know one an- Hill, over 10,000 employees. The posi- of years. other I think may very well take the tion has many responsibilities that are I certainly support the comments hard edge off the partisanship that is of significant consequence to the House that Mr. HOYER made some years ago. always going to be a part of the House of Representatives. They were very appropriate. They de- when you have strong feelings argued While the proper administration of scribed the procedure accurately; and by Members on both sides. the House is ultimately the responsi- his points, as he made them, I totally At the same time, I must say it is a bility of the majority, the successful agree that the appointment of a post disappointment, as a Member of the operation of the House is most cer- was such a significant impact to this House Administration Committee, to tainly not a partisan manner. institution, we should be able to put see the manner in which the decision Republicans and Democrats alike aside our party affiliations and work was made to choose a Chief Adminis- maintain a shared investment in pre- together to find a suitable candidate. trative Officer. serving and building upon the profes- I wish I could make a comparable When I served here before, there is no sional improvements made by the statement today. I wish that such a bi- doubt that the administration of this House Chief Administrative Officer partisan process had been followed this place was in a mess. You could ask over the last 12 years. time. Instead, I am left only to express questions and get no answers. You In 1997, as I mentioned, the last occa- my sincere disappointment that it did could attempt to try and decipher how sion a new CAO was appointed, a not take place. this place was organized, and you could search committee was constituted Let me make it clear, the qualifica- not find out. You would ask questions, that, as I said, required a unanimous tions of Mr. Beard are not under at- and you would get a wink and a nod decision from all search committee tack; but the process that Speaker and a sense of don’t ask, don’t tell. You members in order to select a candidate PELOSI administered to make this ap- would try and find, for legitimate rea- for the position of Chief Administra- pointment is. I think we should have sons, information; and you would find tive Officer. had the same process, and I am dis- that either that was not made avail- That last provision, I think, is very appointed that the Speaker chose not able to you or that it could not be important, to ensure that it was not a to do that. made available to you. partisan position required that both Without a fair, open and competitive And since that time, primarily I be- Republicans and both Democrats had process, there simply is no way to de- lieve because of the institution of the to vote to select the final candidate for termine whether the selection is in the position of Chief Administrative Offi- the position. best interest of the House, and the cer and the organization that flow from At that time, our current House ma- complete absence of transparency is that, it has changed. So I was trying to jority leader, my colleague from Mary- cause for alarm for those who value the look back at the experience of the land, stated that the formulation of a integrity of this institution. House to see how this was made and search committee comprised of the Mr. Speaker, I reserve the balance of how the decision was made to fill that leaders of both parties ‘‘was done to as- my time. position. sure that we would have a bipartisan Mr. HOYER. I will tell my friend, I When I discovered that both the Re- agreement on an administrator for the don’t have any other speakers on this publican and the Democratic sides had business of the House.’’ side. Do you have a speaker? come together stressing bipartisanship,

VerDate Aug 31 2005 01:40 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.040 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE H1232 CONGRESSIONAL RECORD — HOUSE February 6, 2007 making a national search, attempting ness office, this is not a partisan office. rightfully so, that the Speaker was to try and find the best possible person Hopefully, he will respond to doing able to appoint her. But today I actu- for the job but, above that, requiring what is in the best business manage- ally rise in disappointment, dis- unanimous support from both sides of ment practice, best practices as well as appointed in this resolution. the aisle, it seemed to me that that his own judgment without respect to As the Member said, I am a new was an encouraging step towards right- party or partisanship. I would hope Member from California. But I am not ing a wrong that existed in this House. that that would happen. I expect it to new to this House. I had the pleasure of And that is why, even though I do happen. serving Mr. Thomas, who had served as not know Mr. Beard, and I will take on But I appreciate the comments that the chairman of House Administration its face the recommendations that have been made. in 1995. have been made on the other side about I want to say that, also, I am strong- I know the work that was done and Mr. Beard, it is a missed opportunity ly in support of Lorraine Miller. This is the respect for this House on both sides we had in this House to manifest an ef- a historic appointment, first African of the aisle. I never questioned the re- fort in one of the legitimate areas American to serve as an officer of the spect for this institution on either side. where bipartisanship should reign, that House, not just as Clerk of the House But to go about in bringing an audit to is, in filling the position of someone but as an officer of the House. this House I knew the work that need- who is to be the chief administrator of Lorraine Miller has served for three ed to be done. I worked as a staffer, and this body. It is a sorely missed oppor- Speakers now. She served President I found out in 1995 when we went to do tunity. Clinton in the White House. She is the first audit, we did not keep enough I know that we should not be com- president of the NAACP in Washington, books to even have an independent plaining about process, and people are D.C. She is an extraordinarily knowl- audit. tired about complaining about process, edgeable, able individual; and she will And what has transpired, in the last and I am tired about hearing the com- be a tremendous asset to this institu- 8 years, we have had a clean, inde- plaints about process. But this was a tion and I think will send a very strong pendent audit. And how were we able unique opportunity for us to work to- and powerful message to all of America to achieve that? This body was able to gether, not as Democrats or Repub- about inclusion, as the election of our achieve that by being bipartisan in the licans but Members of the House of Speaker did. selection of the chief administrative Representatives who have respect for Mr. Beard, as some of you know, has officer, and to do this resolution today this institution, who understand the more than three decades of experience is actually a step backwards. Transparency in this House, both necessity of having this place run at in policy and executive management, sides will agree, is the best thing for that level on a businesslike basis so including senior positions in the House the House of Representatives; and my of Representatives, the United States that every Member can feel that the question today is, I do not question the Senate, the White House and the Inte- person who filled that job was chosen credentials of Mr. Beard. Will he make rior Department, as well as the Library by the entire membership and that no a great CAO? I do not know, quite one has to feel that they have alle- of Congress. Obviously, he has a long, frankly, because he has never come be- giance only to one side. distinguished career in management fore us. We have never had the ability It is very difficult in this place, be- and, as such, is a professional appoint- to go for the search, and we have actu- cause of the way it is organized, for us ment. ally done a disjustice to him, because to find that sort of sweet spot, if you Again, I appreciate the comments we have gone through to select and not will, in the activities in which we are that have been made. Mr. Speaker, I even empower him, when both sides of involved. This was one of those strongly support the nomination of the aisle could go by and make a selec- chances, and I am very sorry that we both, because I believe both will serve tion. That would empower that office rejected the experience and the prece- this institution in a professional man- in a bipartisan manner, much like we dent of the recent past in making this ner that brings credit on their offices have done in the past. selection. and on this institution. My biggest disappointment is this I join the gentleman from Maryland Mr. Speaker, I ask unanimous con- side of the aisle was ready to work. I and others in hoping that Mr. Beard sent that Mr. CLYBURN be able to man- know the ranking member had sent a will do an excellent job. It is in the in- age the balance of time available to letter to the new Speaker to ask about terests of all of us that he does an ex- me. doing it just like we did in 1997, where cellent job. My only point is this was a The SPEAKER pro tempore. Is there somebody from the Democrats and tremendous opportunity for us to re- objection to the request of the gen- some from the Republicans got to- move partisanship, to work together, tleman from Maryland? gether and agreed unanimously. That as the gentleman suggested a number There was no objection. is the respect of this office. of years ago when the selection of Mr. Mr. EHLERS. Mr. Speaker, I thank On my first day on this floor, I lis- Eagen was made. the gentleman from Maryland for his tened intently. I came with no animos- My only hope is that this does not comments. ity. I came to work together. I came to suggest how things will be done in the I would also echo his comments find common ground. And up in that future when there is abundant reason about Mrs. Miller. I was astounded at top, I listened to the Speaker when she for us to work together as Members of her resume. In fact, I would love to said, this is about partnership not par- the House rather than as Democrats have a resume that complete myself. tisanship. and Republicans. She has served government in so many But today is a step backwards. This Mr. Speaker, with that, I congratu- different agencies and in so many dif- was the opportunity to move forward late Mr. Beard on his selection. I hope ferent ways that I am certain that she in a partisanship much like we have he will do the best for us, as Mr. Eagen will perform very, very well as the done in 1997, much as history has has done. I only lament the fact that Clerk of the House. shown. And I will tell you, in the end, we had an opportunity that we missed. Mr. Speaker, I yield 3 minutes to Mr. the respect for this House has to come Mr. HOYER. Mr. Speaker, I yield my- MCCARTHY of California, a brand new from both sides of the aisle that we self such time as I may consume. member of the Committee on House have, and we have to do it when it I appreciate the comments. I appre- Administration but one with consider- comes to the resolution. ciated my comments when I made able experience on it because of his Mr. CLYBURN. Mr. Speaker, I, too, them. I still want you to know that I previous work as a staff member for wish to offer my congratulations to appreciate them, and I think that is a the Honorable Bill Thomas, who those who have done so well, Mr. good practice. chaired the committee. Speaker, Karen Haas and Mr. Jay I had the opportunity of sitting down Mr. MCCARTHY of California. I Eagen in their duties and responsibil- with Mr. Beard just a few days ago, es- thank the gentleman for yielding. ities to all of us as Members of this sentially, almost verbatim, in terms of Mr. Speaker, I rise today actually for body. how I believe he ought to operate his two reasons, to congratulate Mrs. Mil- I am a little bit interested in some of office in the sense that this is a busi- ler, rightfully so. She was selected, the convenient memory that is taking

VerDate Aug 31 2005 01:40 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.042 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE February 6, 2007 CONGRESSIONAL RECORD — HOUSE H1233 place here. I happen to recall, Mr. But I rise today to honor Lorraine the best job they could in very difficult Speaker, that in 1995 we had a CAO ap- Miller of Fort Worth, Texas, on her ap- circumstances. But they were not there pointed; and, of course, I was a member pointment as Clerk of the House of very long. of the bipartisan group that was se- Representatives. Of course, as Clerk of The point is simply that when we fol- lected by this body to hire Mr. Eagen. the House of Representatives, Ms. Mil- lowed a good process, when we used a I was one of the ones that interviewed ler’s responsibilities will include but bipartisan process, we appointed some- him, as well as others, and was one of not be limited to the page board, con- one who has served for a number of the ones that decided to put him in the gressional travel reports and disclosure years and has served extremely well. capacity that he is in. forms, the voting system, oversight of You know as well as I that if you hire So I just wanted to say to my friends the legislative operation of the House a person, that person’s loyalty is going on the other side that we hired Mr. floor. She is well prepared for this. She to be to you. It is very important that Eagen to clean up a mess that was not has worked at the highest levels of gov- this position be operated in a bipar- created by those who were in power. It ernment, which have contributed to tisan fashion. And since the Speaker was created by the gentleman who her leadership abilities and her knowl- has appointed Mr. Beard, no matter took the office in 1995. edge of management. how capable he is, no matter how much I would want us to be careful about The role of the Clerk is demanding he tries, he will be suspected of par- how we recall the history of this, be- and requires someone with great intel- tisanship in his decisions. cause that is the way all of this devel- lect. Ms. Miller will certainly bring Daniel Beard may, in fact, be the oped, and I was on that group that strength and diversity to the Office of right person to lead the CAO organiza- helped to clean it up with the hiring of Clerk as the first African American tion, and I truly hope that he is. How- Mr. Eagen. He has done a professional woman to hold this top House position. ever, given the selection process, there job. I want to thank him for that. Ms. Miller first worked for the House is simply no way of knowing that with I, too, have met with Mr. Beard; and of Representatives for U.S. Congress- any degree of confidence. This appoint- I have known Mrs. Lorraine Miller for man Jim Wright back in Fort Worth, ment could and should have occurred a long, long time. I think she is an ex- Texas, when he was majority leader. with the full confidence of all Members cellent choice. I think she is going to She moved on to work for then-Speak- of the House. Unfortunately, the bur- do great work for this institution, and er Tom Foley, U.S. Congressman JOHN den of proof now lies with Mr. Beard I join with those who see this as a his- LEWIS, and finally the current speaker, and, ultimately, Speaker PELOSI, to en- tory-making and I think marble-ceil- Speaker PELOSI. Ms. Miller also worked sure that Mr. Beard is able to maintain ing-shattering appointment. as deputy assistant to the president of the level of skill, professionalism and But when I met with Mr. Beard I said Legislative Affairs for the House of bipartisanship we have come to expect to him that I recognized his profes- Representatives during the administra- from the House CAO. sional background. But I also said to tion of Bill Clinton. She additionally Mr. Speaker, I demand a division of him that I had one wish of him, that he held positions at the Federal Commu- the question on the adopting of the res- carry out his duties and responsibil- nications Commission and the Federal olution. ities in a professional manner. But I Trade Commission. The SPEAKER pro tempore. The said to him when I spoke with him that It is with great honor that I recog- question will be divided. this is my first elected job. I have been nize Ms. Lorraine C. Miller for decades Mr. EHLERS. Mr. Speaker, I yield director or manager of something all of of hard work and selfless dedication. I back the balance of my time. my life before coming here. want to join her friends and family, Mr. CLYBURN. I yield back the bal- both here in Washington, D.C. and par- b 1430 ance of my time, Mr. Speaker. ticularly back home in Fort Worth, The SPEAKER pro tempore. Without And one of the things I learned as a Texas, where I represent, in congratu- objection, the previous question is or- manager is that you have to try to bal- lating her on this prestigious mile- dered on the resolution. ance efficiency and effectiveness. And stone. She has been an inspiration and There was no objection. in order to do the work of this body, I a role model to many, and I know she The SPEAKER pro tempore. The want all of those people who assume will continue to be a role model to question on adopting the resolution is positions to be efficient. But I also many of the young men and women divided. would like to see the work done be ef- who will watch her progress with pride First, the question is on adopting the fective. And to do so, we have to, I here in the House of Representatives. first portion of the question (relating think, recognize the individual worth And I, for one, look forward to working to the election of Clerk). that exists in every human being. with her here in Congress. The first portion of the question was There are a lot of people working in Mr. CLYBURN. Mr. Speaker, I re- adopted. and around this building who we some- serve the balance of my time. The SPEAKER pro tempore. Now, the times don’t see, but they come under Mr. EHLERS. Mr. Speaker, in that question is on adopting the second por- the purview of the Chief Administra- case I will make my final comments. I tion of the question (relating to the tive Officer. So I asked Mr. Beard to re- assume the gentleman from South election of Chief Administrative Offi- member, as he carried out his duties Carolina is able to close right after cer). and responsibilities, that we must al- that. The second portion of the question ways work to balance out efficiency Just hearing this debate reminds me was adopted. and effectiveness. So I think they will again of all the things that happened. A motion to reconsider the adoption make good additions to the work here And first of all, I have to clarify that of the resolution was laid on the table. in this body, and I want to thank them Mr. Eagen did not have to clear up a for being willing to serve and thank mess left by Mr. Faulkner. Mr. Faulk- f the Speaker for making this appoint- ner may or may not have been the best ment. choice for CAO at the time he took the Mr. Speaker, I reserve the balance of job, but certainly improved the situa- GENERAL LEAVE my time. tion. And I was there. I saw the books Mr. CLYBURN. Mr. Speaker, I ask Mr. EHLERS. Mr. Speaker, I am as they were, ledger cards made out in unanimous consent that all Members pleased to yield 4 minutes to the gen- pencil with erasures in the ledger book, may have 5 legislative days in which to tleman from Texas (Mr. BURGESS). an erasure of a number filled in with revise and extend their remarks and in- Mr. BURGESS. Mr. Speaker, I too $2,500,000 just to make the books bal- clude extraneous material on H. Res. want to join my colleagues at wishing ance. I have seen those books. I know 129. a fond and reluctant farewell to Jay the facts. It was a mess after 40 years The SPEAKER pro tempore (Mr. Eagen and Karen Haas. They have both of the rule of one party. TIERNEY). Is there objection to the reserved this institution with great dis- Now, I am not defending or criti- quest of the gentleman from South tinction and reflected well on the insti- cizing either General Wishart or Scot Carolina? tution of the House. Faulkner. They were there. They did There was no objection.

VerDate Aug 31 2005 01:40 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.044 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE H1234 CONGRESSIONAL RECORD — HOUSE February 6, 2007 SPECIAL ORDERS ALLOCATIONS OF SPENDING AU- House Concurrent Resolution 376 of the One THORITY TO HOUSE COMMIT- Hundred Ninth Congress, as adopted by the The SPEAKER pro tempore. Under TEES House. In addition, section 511 clause the Speaker’s announced policy of Jan- The SPEAKER pro tempore. Under a (a)(4)(B)(ii) of H. Res. 6 provides that I submit uary 18, 2007, and under a previous previous order of the House, the gen- accounts identified for advance appropriations order of the House, the following Mem- tleman from South Carolina (Mr. pursuant to section 401(b) of House Concur- bers will be recognized for 5 minutes SPRATT) is recognized for 5 minutes. rent Resolution 376 of the One Hundred Ninth each. Mr. SPRATT. Mr. Speaker, section 511 Congress, as adopted by the House. clause (a)(4)(B)(i) of H. Res. 6 provides that I The attached tables, which I submit, provide submit the 302(a) allocations contemplated by that information. DIRECT SPENDING LEGISLATION—AUTHORIZING COMMITTEE 302(a) ALLOCATIONS FOR DISCRETIONARY ACTION [Fiscal years, in millions of dollars]

2007 2007–2011 total House committee BA Outlays BA Outlays

Agriculture ...... Armed Services ...... 45 45 45 45 Education and Labor ...... 1 ...... 30 Energy and Commerce ...... Financial Services ...... 2 2 Foreign Affairs ...... 1 1 5 5 Homeland Security ...... House Administration ...... Judiciary ...... 19 16 116 113 Natural Resources ...... 6 6 Oversight and Government Reform ...... Science and Technology ...... Small Business ...... Transportation and Infrastructure ...... 13 13 22 22 Veterans’ Affairs ...... Ways and Means ......

DISCRETIONARY APPROPRIATIONS FOR FISCAL YEAR 2007—APPROPRIATIONS COMMITTEE 302(a) ALLOCATION [In millions of dollars]

BA OT

Section 302(a) Allocation ...... 872,778 963,711

FY2008 ADVANCE APPROPRIATIONS—UNDER SECTION 401 Mr. President, we are calling on you ternative minimum tax, meant to tax OF H. CON. RES. 376 today, as you said you would weeks only the superwealthy. This year [In millions of dollars] ago, to take a sober look at this case. alone, it will reach 23 million middle- Many Members of Congress have class families across the country. And Budget authority warned that if these two Border Patrol the only way the President accom- agents entered prison their safety plishes any of his goals is to leave in Appropriate Level ...... 23,565 would be threatened by those who hate Accounts Identified for Advances: ...... place a tax that was never intended by Elk Hills ...... law enforcement officers. Tragically, the Congress or the President to affect Corporation for Public Broadcasting ...... this happened last Saturday night Employment and Training Administration ...... middle-class families. Education for the Disadvantaged ...... when Agent Ramos was beaten while The Democrats make a pledge to, in School Improvement ...... being in prison. fact, deal with the alternative min- Children and Family Services (Head Start) ...... Special Education ...... Mr. President, you have the author- imum tax this year so middle-class Vocational and Adult Education ...... ity to correct an injustice. Please, Mr. families do not have a tax increase ei- Transportation (highways, transit, Farley Building) ...... Payment to Postal Service ...... President, expedite your consideration ther this year, next year or the fol- Section 8 Renewals ...... of a pardon for these two men and help lowing year. It has been consistently. their families realize that America is a But this is only one of the egregious f country that believes in justice. misplaced priorities in the President’s IMPRISONMENT OF TWO U.S. Mr. Speaker, before closing, I want to budget. The other highlights, in addi- BORDER PATROL AGENTS repeat that: Mr. President, you have tion to increasing taxes on the middle the authority to correct an injustice. class, it cuts health care for seniors The SPEAKER pro tempore. Under a Please expedite your consideration of a $100 billion over 5 years, $300 billion previous order of the House, the gen- pardon for these two men and help over 10 years. tleman from North Carolina (Mr. their families realize that America is a While we are dealing with the tem- JONES) is recognized for 5 minutes. country that believes in justice. peratures outside that are near freez- Mr. JONES of North Carolina. Mr. f ing in my home area of Chicago, below Speaker, 3 weeks ago two U.S. Border zero, it cuts home energy assistance to Patrol agents entered Federal prison. THE PRESIDENT’S BUDGET our seniors by 18 percent. Agents Ramos and Compeon never The SPEAKER pro tempore. Under a It eliminates the COPS program for should have been sent to Federal pris- previous order of the House, the gen- community policing, which has sup- on. These agents were convicted last tleman from Illinois (Mr. EMANUEL) is ported 120,000 police officers through- spring for shooting a Mexican drug recognized for 5 minutes. out the country. smuggler who brought 743 pounds of Mr. EMANUEL. Mr. Speaker, yester- It goes forward in the President’s de- marijuana across our southern border day the President submitted his budget sire to privatize Social Security. into Texas. to the United States Congress and to It cuts health care benefits for our Members of Congress have, and let the country. And in that budget, the returning veterans, forcing them to me say, not only Members of Congress, President made clear a number of pri- pay up to $750 a year to enter the but many American citizens, have re- orities that I think are in direct oppo- health care for veterans, one of the peatedly petitioned President Bush to sition to the wishes and aspirations of best health care systems in the coun- pardon these agents. At the House the American people. try. And I don’t think that is a wel- Democratic Caucus last week, the Most egregious, in my view, is that come-home mat that our veterans from President said: ‘‘We want our Border the President leaves in place a tax in- Iraq and Afghanistan deserve. Patrol agents guarding the borders crease on the middle-class families of It also has cuts to education. It from criminals and drug dealers and this country. Today, about three mil- underfunds Leave No Child Behind by terrorists.’’ lion Americans are affected by the al- $15 billion.

VerDate Aug 31 2005 01:40 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.048 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE February 6, 2007 CONGRESSIONAL RECORD — HOUSE H1235 It cuts housing assistance for afford- to invest here at home to make Amer- I want to thank you, RON PAUL, for able housing. Returning again, in rela- ica stronger. This is the first budget always being a spokesman and a pro- tionship to our veterans, it cuts the that leaves America weaker in a time tector of the Constitution. funding for research into brain trauma of military engagement. Mr. PAUL. I thank you very much research, which is so significant. One of f for those comments. the greatest injuries for our veterans DON’T DO IT, MR. PRESIDENT f coming home from Iraq and Afghani- stan have been the brain injuries that The SPEAKER pro tempore (Mr. ANNOUNCEMENT BY THE SPEAKER they have incurred there. And the first TIERNEY). Under a previous order of the PRO TEMPORE time ever we have gotten funding in- House, the gentleman from Texas (Mr. The SPEAKER pro tempore. The side the Pentagon for that area, it PAUL) is recognized for 5 minutes. Chair would remind Members to direct makes a cut. Mr. PAUL. Mr. Speaker, if the Presi- their remarks to the Chair and not to And then it doesn’t deal with what dent were to ask me for advice on for- the President. we call earmarks here, as the President eign affairs, this is what I would say: continues his earmarks in his budget. Don’t do it, Mr. President. It is a bad f Across the board, from Social Security idea. There is no need for it. There is The SPEAKER pro tempore. Under a privatization to health care cuts in great danger in doing it. America is previous order of the House, the gentle- Medicare and Medicaid, to also not cut- against it, and Congress should be. The woman from California (Ms. WOOLSEY) ting children from their health care, to United Nations is against it. The Rus- is recognized for 5 minutes. raising taxes on the middle class, in sians, the Chinese, the Indians, the (Ms. WOOLSEY addressed the House. time and place, from health care to Pakistanis are against it. The whole Her remarks will appear hereafter in taxes to supporting our law enforce- world is against it. Our allies are the Extensions of Remarks.) ment community, this budget makes against it. Our enemies are against it. f the wrong priorities. The Arabs are against it. The Euro- ENDING THE IRAQ WAR It is time to have a new direction and peans are against it. The Muslims are a change here in the priorities in Wash- against it. The SPEAKER pro tempore. Under a ington. In addition to all that, while We don’t need to do this. The threat previous order of the House, the gen- we have families not being able to get is overblown. The plan is a hysterical tleman from Washington (Mr. to their homes in the area of Louisiana reaction to a problem that does not yet MCDERMOTT) is recognized for 5 min- and Mississippi and the Gulf Coast, the exist. Hysteria is never a good basis for utes. President asked for an additional $245 foreign policy. Don’t we ever learn? Mr. MCDERMOTT. Mr. Speaker, the billion for Iraq and Afghanistan. In Have we already forgotten Iraq? President has isolated himself from all every turn that we can, we have to The plan defies common sense. If it is the evidence, military advice, members right this ship that is wrong. carried out, the Middle East and pos- of his own party, and the American Most importantly, in the area the sibly the world will explode. Oil will people. He is not staying the course in President’s budget has relied on tax in- soar to over $100 a barrel, and gasoline Iraq. The President is making matters creases on middle class families, cuts will be over $5 a gallon. even worse by escalating the war. Medicare and Medicaid, asked for $245 Despite what some think, it won’t He has ordered at least 21,500 more billion in increased funding for Iraq serve the interests of Israel. Besides, it U.S. soldiers into the middle of a and Afghanistan, cuts children from is illegal. It is unconstitutional. And, bloody and violent civil war. This their health care, cuts heating assist- Mr. President, you have no moral au- President has stepped backward in his- ance from our elderly, also cuts bene- thority to do it. tory. He is making the same tragic fits for veterans. Those are not the pri- We don’t need it. We don’t want it. mistakes of Vietnam all over again. orities of the American people. So, Mr. President, don’t do it. Don’t The President’s speeches won’t stop a bomb Iran. bullet, and they won’t protect soldiers 1445 b The moral of the story, Mr. Speaker, from the tsunami of violence inun- Every President in the history of the is this: If you don’t have a nuclear dating Iraq. Our soldiers don’t have country in a time of war has thought weapon, we will threaten to attack enough equipment or support. Soldiers about how to invest in America. Abra- you. If you do have a nuclear weapon, know it, but the White House ignores ham Lincoln, in the height of the Civil we will leave you alone. In fact, we will it. War, had the land-grant colleges. Roo- probably subsidize you. What makes us Some of the best newspapers and sevelt, in the height of the final 2 years think Iran does not understand this? magazines in the Nation are reporting of World War II, developed the GI Bill Mr. Speaker, I would like now to the facts, and they are not just repeat- of Rights. During the height of the yield to my friend from North Carolina ing the President’s spin. Cold War, Eisenhower saw the inter- (Mr. JONES). From the McClatchy newspapers, state system as a way to invest in Mr. JONES of North Carolina. Mr. here is a recent headline: ‘‘Soldiers in America. Kennedy, a man on the moon Speaker, I want to thank Mr. PAUL for Iraq view troop surge as a lost cause.’’ when we were facing down the Soviet so many years coming down to the From the San Francisco Chronicle: Union. floor to defend the Constitution of the ‘‘Corners cut in rush to add troops; At every critical juncture when United States. shorter training time, lack of equip- America was at war, a President The United States Constitution, arti- ment hurt readiness, experts say.’’ thought about how to invest in Amer- cle I, Section 8, clause 11, vests in the And the latest issue of Business Week ica to turn this country’s efforts over- Congress the exclusive power to declare said: ‘‘Military equipment: Missing in seas here at home to make this a war. Many of us in the past few days action.’’ stronger and better country. have put in a resolution, H.J. Resolu- I will enter these stories into the This is the first Presidential budget tion 14, to say that the President RECORD. that in time of war, rather than look- should not go into and bomb Iran un- [From BusinessWeek] ing for increases here on how to make less he comes to the Congress so that MILITARY EQUIPMENT: MISSING IN ACTION America stronger, it looks for cuts in the Congress can meet its constitu- America. It looks for the areas of edu- tional responsibility. A NEW DEFENSE AUDIT SAYS THE PENTAGON HAS FAILED TO PROPERLY EQUIP SOLDIERS IN cation, health care, veterans, and law James Madison said, ‘‘ . . . The IRAQ—JUST AS THE PRESIDENT STRUGGLES TO enforcement to sacrifice, while we in- power to declare war, including the FIND SUPPORT FOR A TROOP INCREASE crease our investments in Iraq and Af- power of judging the causes of war, is (By Dawn Kopecki) ghanistan. fully and exclusively vested in the leg- The Inspector General for the Defense If you look at the history of every islature . . . the Executive has no Dept. is concerned that the U.S. military has time there has been a period of Amer- right, in any case, to decide the ques- failed to adequately equip soldiers in Iraq ica’s engagement around the world tion, whether there is or is not cause and Afghanistan, especially for nontradi- militarily, every President has looked for declaring war.’’ tional duties such as training Iraqi security

VerDate Aug 31 2005 02:05 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.049 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE H1236 CONGRESSIONAL RECORD — HOUSE February 6, 2007 forces and handling detainees, according to a snipers. Some of Hardy’s men wondered of the 2nd Infantry Division’s 2nd Brigade, summary of a new audit obtained by aloud if they’d get hit by a roadside bomb on which oversees most of east Baghdad. BusinessWeek. the way back to their base. ‘‘To be honest, Maj. Christopher Wendland, a senior staff The findings come as the Pentagon pre- it’s going to be like this for a long time to officer for Dunham’s brigade, said he thinks pares to send another 21,500 troops to Iraq come, no matter what we do,’’ said Hardy, 25, there’s a good chance that by late 2007 Amer- and as Democratic leaders levy threats to re- of Atlanta. ‘‘I think some people in America ican troops will have handed over most of strict funding for a war that’s already cost don’t want to know about all this violence, Baghdad to Iraqi troops. about $500 billion. The Army alone expects about all the killings. The people back home ‘‘I’m actually really positive,’’ said to spend an extra $70 billion on an additional are shielded from it; they get it sugar-coat- Wendland, 35, of Chicago. ‘‘We have an Iraqi 65,000 permanent troops from fiscal year 2009 ed.’’ army that’s actually capable of maintaining through 2013. According to Army officials, While senior military officials and the once we leave.’’ $18 billion of that will be spent on equip- Bush administration say the president’s de- If the Iraqi army can control the violence, ment. cision to send more American troops to pac- his thinking goes, economic and political The Inspector General found that the Pen- ify Baghdad will succeed, many of the sol- progress will follow in the safest areas, ac- tagon hasn’t been able to properly equip the diers who’re already there say it’s a lost companied by infrastructure improvement, soldiers it already has. Many have gone cause. then spread outward. In counterinsurgency circles, that notion without enough guns, ammunition, and ‘‘What is victory supposed to look like? is commonly called the ‘‘inkblot’’ approach. other necessary supplies to ‘‘effectively com- Every time we turn around and go in a new It’s been relatively successful in some iso- plete their missions’’ and have had to cancel area there’s somebody new waiting to kill lated parts of Iraq, such as Tal Afar on the or postpone some assignments while waiting us,’’ said Sgt. 1st Class Herbert Gill, 29, of Syrian border, but in most areas it’s failed for the proper gear, according to the report Pulaski, Tenn., as his Humvee rumbled down to halt the bloodshed for any length of time. from auditors with the Defense Dept. Inspec- a dark Baghdad highway one evening last tor General’s office. Soldiers have also found week. ‘‘Sunnis and Shiites have been fight- Across America, the newspapers are themselves short on body armor, armored ve- ing for thousands of years, and we’re not filled with stories and editorials about hicles, and communications equipment, going to change that overnight.’’ ‘‘Once the tragic consequences of this war and among other things, auditors found. more raids start happening, they’ll (insur- the dread over the President’s esca- ‘‘As a result, service members performed gents) melt away,’’ said Gill, who serves with lation. From the Seattle Post Intel- missions without the proper equipment, used the 1st Infantry Division in east Baghdad. ligencer, their editorial published yes- informal procedures to obtain equipment and ‘‘And then two or three months later, when terday is titled: ‘‘Iraq War: Advice and sustainment support, and canceled or post- we leave and say it was a success, they’ll poned missions while waiting to receive come back.’’ dissent.’’ equipment,’’ reads the executive summary Soldiers interviewed across east Baghdad, While the President is acting like he dated Jan. 25. Service members often bor- home to more than half the city’s 8 million can go it alone, the PI correctly places rowed or traded with each other to get the people, said the violence is so out of control responsibility on the co-equal legisla- needed supplies, according to the summary. that while a surge of 21,500 more American tive branch of government: Congress. Pentagon officials did not immediately re- troops may momentarily suppress it, the no- The PI wrote: ‘‘No resolution, however, turn phone calls seeking comment. tion that U.S. forces can bring lasting secu- can absolve Congress of its responsi- The audit supports news reports and other rity to Iraq is misguided. bility to cut off spending on a hopeless evidence that U.S. troops have been Lt. Hardy and his men of the 2nd Brigade stretched too thin or have performed tasks of the Army’s 2nd Infantry Division, from occupation.’’ for which they were ill-prepared. It is likely Fort Carson, Colo., patrol an area southeast It is time for Congress to act respon- to add fuel to the opposition to President of Sadr City, the stronghold of radical Shiite sibly by exercising its constitutional George W. Bush’s decision to send more cleric Muqtada al-Sadr. responsibility and deny funding for the troops to Iraq in an effort to quell the vio- A map in Hardy’s company headquarters President’s escalation of the Iraq War. lence there. charts at least 50 roadside bombs since late The history of the Vietnam War shows Already, support for the troop increase is October, and the lieutenant recently us how to deal with the Iraq War, and tepid in the Senate, where Democrats are watched in horror as the blast from one I am prepared to apply the lessons of preparing to vote on a nonbinding statement killed his Humvee’s driver and wounded two against the President’s plan. While law- other soldiers in a spray of blood and shrap- history in this Congress. makers have threatened to reduce funding nel. In 1970, the McGovern-Hatfield for the war, few have publicly committed to Soldiers such as Hardy must contend not amendment was introduced to stop the using the ‘‘power of the purse’’ to block only with an escalating civil war between President from continuing to escalate funding for the troop surge. ‘‘The thing we’re Iraq’s Sunni and Shiite Muslims, but also the Vietnam War. It capped funding for going to do now is very important, to show with insurgents on both sides who target troops for a short period of time, after the American people that the United States U.S. forces. which money could be used to bring the Senate, on a bipartisan basis, does not sup- ‘‘We can go get into a firefight and empty troops home and for bringing the pris- out ammo, but it doesn’t accomplish much,’’ port an escalation,’’ says Majority Leader oners home. It didn’t pass, but it began Harry Reid (D–Nev.). ‘‘Even the Republicans said Pvt. 1st Class Zach Clouser, 19, of York, are very timid in their support for the Presi- Pa. ‘‘This isn’t our war—we’re just in the a 5-year process that ended the war. dent at this stage.’’ middle.’’ I intend to offer a similar amend- In the summary of the Inspector General’s Almost every foot soldier interviewed dur- ment to the first appropriation bill re- audit, the equipment shortages were attrib- ing a week of patrols on the streets and lated to Iraq that is introduced in this uted to basic management failures among alleys of east Baghdad said that Bush’s plan House. There should be no new funding military commanders in Iraq and Afghani- would halt the bloodshed only temporarily. for any escalation of this war, not one stan. U.S. Central Command lacked standard The soldiers cited a variety of reasons, in- dime, because it only leads to more policies for requesting and tracking equip- cluding incompetence or corruption among Iraqi troops, the complexities of Iraq’s sec- U.S. casualties. Resolution in Iraq will ment requirements or for equipping units to never come on the bloody streets of perform nontraditional duties. Auditors sur- tarian violence and the lack of Iraqi public veyed 1,100 service members stationed in Iraq support, a cornerstone of counterinsurgency Baghdad. It is time for us to act on be- and Afghanistan from all four military warfare. half of the American people and on be- branches, the National Guard, and Reserves. ‘‘They can keep sending more and more half of our soldiers. They deserve our The Inspector General recommended that troops over here, but until the people here strong and unwavering support. the Pentagon establish new internal controls start working with us, it’s not going to We can provide that by passing my and policies to address the funding, equip- change,’’ said Sgt. Chance Oswalt, 22, of amendment to channel our funds to the ping, and sustaining forces performing non- Tulsa, Okla. immediate redeployment of U.S. forces traditional duties. Bush’s initiative calls for American soldiers in Baghdad to take positions in out- out of Iraq, out of occupation, and out [From McClatchy Newspapers] posts throughout the capital, paired up with of harm’s way. We have waited far too Iraqi police and soldiers. Few of the U.S. sol- long to act, and our soldiers have paid SOLDIERS IN IRAQ VIEW TROOP SURGE AS A diers interviewed, however, said they think LOST CAUSE for our delay with their lives and their Iraqi forces can operate effectively without (By Tom Lasseter) limbs. American help. I believe it is time for Congress to re- BAGHDAD, IRAQ.—Army 1st Lt. Antonio Their officers were more optimistic. assure the American people that the Hardy took a slow look around the east If there’s enough progress during the next Baghdad neighborhood that he and his men four to six months, ‘‘we can look at doing President cannot go it alone. It is time were patrolling. He grimaced at the sound of provincial Iraqi control, and we can move for Congress to put an end to the Presi- gunshots in the distance. A machine gunner U.S. forces to the edge of the city,’’ said Lt. dent’s reckless disregard of the truth on top of a Humvee scanned the rooftops for Col. Dean Dunham, the deputy commander about Iraq.

VerDate Aug 31 2005 02:05 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A06FE7.021 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE February 6, 2007 CONGRESSIONAL RECORD — HOUSE H1237 Those who fail to learn the lessons of add. Running back Joseph Addai re- tleman from California (Mr. DREIER) is history are doomed to repeat them. ceived 10 passes for 66 yards and ran recognized for 5 minutes. The President is doing today exactly the ball for 77 more yards in that driv- (Mr. DREIER addressed the House. what happened in Vietnam. On Sep- ing rain. His remarks will appear hereafter in tember 1, 1970, George McGovern spoke And the Colts did a tremendous job the Extensions of Remarks.) eloquently on the floor of the other on defense. Kelvin Hayden intercepted f body where he introduced the McGov- one of the Chicago quarterback’s The SPEAKER pro tempore. Under a ern-Hatfield amendment. passes and ran it back 56 yards for a previous order of the House, the gentle- He said, ‘‘It does not take any cour- Colts touchdown, and the Colts scored woman from New York (Mrs. MCCAR- age at all for a Congressman or a Sen- in every single quarter in all four play- THY) is recognized for 5 minutes. ator or a President to wrap himself in off games for the first time in playoff (Mrs. MCCARTHY of New York ad- the flag and say we are staying in Viet- history. dressed the House. Her remarks will So I would just like to congratulate nam, because it is not our blood that is appear hereafter in the Extensions of Tony Dungy, the coach of the Colts, being shed. But we are responsible for Remarks.) those young men’’ and now young one of the most popular people in foot- women ‘‘and their lives and their ball and especially in Indianapolis; and f hopes. And if we do not end this dam- we think he is one of the nicest guys The SPEAKER pro tempore. Under a nable war, those young men will some- you will ever meet. He is only the third previous order of the House, the gen- day curse us for our pitiful willingness person in football history to win a tleman from Texas (Mr. POE) is recog- to let the Executive carry the burden Super Bowl both as a coach and a play- nized for 5 minutes. that the Constitution places on us.’’ er. (Mr. POE addressed the House. His I believe we must apply the lessons of I want to congratulate my friend Bill remarks will appear hereafter in the history, and I urge my colleagues to Polian, the president of the Indianap- Extensions of Remarks.) approve that amendment when it olis Colts, who put this team together f comes up so that we can begin to end a over the past several years and did an The SPEAKER pro tempore. Under a damnable war that never should have outstanding job. Bill, we are very previous order of the House, the gen- been brought in the first place. proud of you. tleman from Kansas (Mr. TIAHRT) is f And I want to congratulate the CEO recognized for 5 minutes. and owner of the Colts, Jim Irsay, who COLTS SUPER BOWL XLI VICTORY (Mr. TIAHRT addressed the House. took control of the team in 1997 and His remarks will appear hereafter in The SPEAKER pro tempore. Under a dedicated himself to making us a Super the Extensions of Remarks.) previous order of the House, the gen- Bowl champion. f tleman from Indiana (Mr. BURTON) is It was a great day for Indianapolis. recognized for 5 minutes. We are very, very proud of the Colts. The SPEAKER pro tempore. Under a Mr. BURTON of Indiana. Mr. Speak- On behalf of all Hoosiers, we want to previous order of the House, the gener, I would like to respond to my col- say to the Indianapolis Colts, you are tleman from Oregon (Mr. DEFAZIO) is leagues who have just spoken here on the world champions, and we are very recognized for 5 minutes. the floor, but today I am here on some proud of each and every one of you. (Mr. DEFAZIO addressed the House. happy news, so I will confine my re- One more thing I want to mention. His remarks will appear hereafter in marks to what I consider to be a real The Colts defense was maligned the Extensions of Remarks.) celebratory event. throughout the season. Later in the f Sunday, the day before yesterday, I season, they said the Colts defense was The SPEAKER pro tempore. Under a sat in the rain with 75,000 other Ameri- one of the worst in football. In the previous order of the House, the gen- cans cheering the Indianapolis Colts to playoff games, they took on everybody tleman from Georgia (Mr. GINGREY) is victory in the Super Bowl, and I want and held them to very, very low recognized for 5 minutes. to tell you that it was one of the great- yardage. So congratulations to the (Mr. GINGREY addressed the House. est football games that I have ever Colts defense as well as our offense. His remarks will appear hereafter in seen. You did a great job. the Extensions of Remarks.) We were very much in favor of the f f Colts, as you might imagine, and when The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a the kickoff came to the Bears, and previous order of the House, the gen- previous order of the House, the gentle- Devin Hester ran 92 years for a touch- tleman from California (Mr. GEORGE woman from the District of Columbia down, everybody’s heart went down to MILLER) is recognized for 5 minutes. (Ms. NORTON) is recognized for 5 min- their feet because we thought it was (Mr. GEORGE MILLER of California utes. going to be a real letdown for us. addressed the House. His remarks will (Ms. NORTON addressed the House. But Peyton Manning and the Colts appear hereafter in the Extensions of Her remarks will appear hereafter in came roaring back and won a very con- Remarks.) the Extensions of Remarks.) vincing victory in the Super Bowl. And f after that they had a parade in down- f town Indianapolis for the Colts in 8-de- The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a gree weather. Can you imagine people previous order of the House, the gen- previous order of the House, the gentle- tleman from Oregon (Mr. WALDEN) is going out in 8-degree weather to be in woman from Florida (Ms. CORRINE recognized for 5 minutes. a parade? I can’t. But the streets were BROWN) is recognized for 5 minutes. (Mr. WALDEN of Oregon addressed filled by Hoosiers who were celebrating (Ms. CORRINE BROWN of Florida ad- the House. His remarks will appear the victory and giving tremendous ac- dressed the House. Her remarks will hereafter in the Extensions of Re- colades to the Colts and the coach and appear hereafter in the Extensions of marks.) Manning and everybody else that made Remarks.) f this victory possible. f I would like to just make a couple of The SPEAKER pro tempore. Under a comments on what happened. The Colts previous order of the House, the gen- PUBLICATION OF THE RULES OF gained 430 yards in that game against tleman from New Jersey (Mr. PALLONE) THE COMMITTEE ON WAYS AND the third strongest defense in the Na- is recognized for 5 minutes. MEANS, 110TH CONGRESS tional Football League. Peyton Man- (Mr. PALLONE addressed the House. The SPEAKER pro tempore. Under a ning completed 25 of 38 passes for 247 His remarks will appear hereafter in previous order of the House, the gen- yards and was named the Most Valu- the Extensions of Remarks.) tleman from New York (Mr. RANGEL) is able Player. Running back Dominic f recognized for 5 minutes. Rhodes ran for 113 yards against that The SPEAKER pro tempore. Under a Mr. RANGEL. Mr. Speaker, I am pleased to Bears defense, in driving rain, I might previous order of the House, the gen- submit for printing in the CONGRESSIONAL

VerDate Aug 31 2005 04:07 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 7634 Sfmt 9920 E:\CR\FM\K06FE7.054 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE H1238 CONGRESSIONAL RECORD — HOUSE February 6, 2007

RECORD, pursuant to rule XI, clause 2(a) of distribution and opportunity afforded for the RULE 6. AVAILABILITY OF COMMITTEE RECORDS the Rules of the House, a copy of the Rules inclusion of supplemental, minority or addi- AND PUBLICATIONS of the Committee on Ways and Means, which tional views, or such document shall contain The records of the Committee at the Na- on its cover the following disclaimer: were adopted at the organizational meeting of tional Archives and Records Administration Prepared for the use of Members of the the committee on January 17, 2007. shall be made available for public use in ac- Committee on Ways and Means by members cordance with Rule VII of the Rules of the RULES OF THE COMMITTEE ON WAYS AND of its staff. This document has not been offi- House of Representatives. The Chairman MEANS, HOUSE OF REPRESENTATIVES, 110TH cially approved by the Committee and may shall notify the Ranking Minority Member CONGRESS not reflect the views of its Members. of any decision, pursuant to clause 3(b)(3) or PART I Any such print, document, or other mate- clause 4(b) of Rule VII, to withhold a record A. General rial not officially approved by the Com- otherwise available, and the matter shall be mittee or Subcommittee shall not include RULE 1. APPLICATION OF HOUSE RULES presented to the Committee for a determina- the names of its Members, other than the tion on the written request of any Member of The rules of the House are the rules of the name of the full Committee Chairman or the Committee. The Committee shall, to the Committee on Ways and Means and its sub- Subcommittee Chairman under whose au- maximum extent feasible, make its publica- committees so far as applicable, except that thority the document is released. Any such tions available in electronic form. a motion to recess from day to day, and a document shall be made available to the full RULE 7. COMMITTEE WEBSITE motion to dispense with the first reading (in Committee Chairman and Ranking Minority The Chairman shall maintain an official full) of a bill or resolution, if printed copies Member not less than 3 calendar days (ex- Committee website for the purpose of fur- are available, is a non-debatable motion of cluding Saturdays, Sundays, and legal holi- thering the Committee’s legislative and high privilege in the Committee. days) prior to its public release. oversight responsibilities, including commu- Each subcommittee of the Committee is The requirements of this rule shall apply part of the Committee and is subject to the nicating information about the Committee’s only to the publication of policy-oriented, activities to Committee members and other authority and direction of the Committee analytical documents, and not to the publi- and to its rules so far as applicable. Written members of the House. The ranking minority cation of public hearings, legislative docu- member may maintain a similar website for rules adopted by the Committee, not incon- ments, documents which are administrative sistent with the Rules of the House, shall be the same purpose, including communicating in nature or reports which are required to be information about the activities of the mi- binding on each subcommittee of the Com- submitted to the Committee under public mittee. nority to Committee members and other law. The appropriate characterization of a members of the House. The provisions of rule XI of the Rules of document subject to this rule shall be deter- the House are incorporated by reference as mined after consultation with the Minority. B. Subcommittees the rules of the Committee to the extent ap- RULE 8. SUBCOMMITTEE RATIOS AND RULE 5. OFFICIAL TRAVEL plicable. JURISDICTION RULE 2. MEETING DATE AND QUORUMS Consistent with the primary expense reso- All matters referred to the Committee on The regular meeting day of the Committee lution and such additional expense resolu- Ways and Means involving revenue meas- on Ways and Means shall be on the second tion as may have been approved, the provi- ures, except those revenue measures referred Wednesday of each month while the House is sions of this rule shall govern official travel to Subcommittees under paragraphs 1, 2, 3, 4, in session. However, the Committee shall not of Committee Members and Committee staff. 5 or 6 shall be considered by the full Com- meet on the regularly scheduled meeting day Official travel to be reimbursed from funds mittee and not in Subcommittee. There shall if there is no business to be considered. set aside for the full Committee for any be six standing Subcommittees as follows: a A majority of the Committee constitutes a Member or any Committee staff member Subcommittee on Trade; a Subcommittee on quorum for business; provided however, that shall be paid only upon the prior authoriza- Oversight; a Subcommittee on Health; a Sub- two Members shall constitute a quorum at tion of the Chairman. Official travel may be committee on Social Security; a Sub- any regularly scheduled hearing called for authorized by the Chairman for any Member committee on Income Security and Family the purpose of taking testimony and receiv- and any Committee staff member in connec- Support; and a Subcommittee on Select Rev- ing evidence. In establishing a quorum for tion with the attendance of hearings con- enue Measures. The ratio of Democrats to purposes of a public hearing, every effort ducted by the Committee, its Subcommit- Republicans on any Subcommittee of the shall be made to secure the presence of at tees, or any other Committee or Sub- Committee shall be consistent with the ratio least one Member each from the majority committee of the Congress on matters rel- of Democrats to Republicans on the full and the minority. evant to the general jurisdiction of the Com- Committee. The Chairman of the Committee may call mittee, and meetings, conferences, facility 1. The Subcommittee on Trade shall con- and convene, as he considers necessary, addi- inspections, and investigations which insist of 15 Members, 9 of whom shall be Demo- tional meetings of the Committee for the volve activities or subject matter relevant to crats and 6 of whom shall be Republicans. consideration of any bill or resolution pend- the general jurisdiction of the Committee. The jurisdiction of the Subcommittee on ing before the Committee or for the conduct Before such authorization is given, there Trade shall include bills and matters re- of other Committee business. The Com- shall be submitted to the Chairman in writ- ferred to the Committee on Ways and Means mittee shall meet pursuant to the call of the ing the following: that relate to customs and customs adminis- Chair. (1) The purpose of the official travel; tration including tariff and import fee struc- (2) The dates during which the official RULE 3. COMMITTEE BUDGET ture, classification, valuation of and special travel is to be made and the date or dates of rules applying to imports, and special tariff For each Congress, the Chairman, in con- the event for which the official travel is provisions and procedures which relate to sultation with the Majority Members of the being made; customs operation affecting exports and im- Committee, shall prepare a preliminary (3) The location of the event for which the ports; import trade matters, including im- budget. Such budget shall include necessary official travel is to be made; and (4) The port impact, industry relief from injurious amounts for staff personnel, travel investiga- names of the Members and Committee staff imports, adjustment assistance and pro- tion, and other expenses of the Committee. seeking authorization. grams to encourage competitive responses to After consultation with the Minority Mem- In the case of official travel of Members imports, unfair import practices including bers, the Chairman shall include an amount and staff of a Subcommittee to hearings, antidumping and countervailing duty provi- budgeted by Minority Members for staff meetings, conferences, facility inspections sions, and import policy which relates to de- under their direction and supervision. and investigations involving activities or pendence on foreign sources of supply; com- Thereafter, the Chairman shall combine subject matter under the jurisdiction of such modity agreements and reciprocal trade such proposals into a consolidated Com- Subcommittee, prior authorization must be agreements involving multilateral and bilat- mittee budget, and shall present the same to obtained from the Subcommittee Chairman eral trade negotiations and implementation the Committee for its approval or other ac- and the full Committee Chairman. Such of agreements involving tariff and non-tariff tion. The Chairman shall take whatever ac- prior authorization shall be given by the full trade barriers to and distortions of inter- tion is necessary to have the budget as fi- Committee Chairman only upon the rep- national trade; international rules, organiza- nally approved by the Committee duly au- resentation by the applicable Subcommittee tions and institutional aspects of inter- thorized by the House. After said budget Chairman in writing setting forth those national trade agreements; budget author- shall have been adopted, no substantial items enumerated above. izations for the customs revenue functions of change shall be made in such budget unless Within 60 days of the conclusion of any of- the Department of Homeland Security, the approved by the Committee. ficial travel authorized under this rule, there U.S. International Trade Commission, and RULE 4. PUBLICATION OF COMMITTEE shall be submitted to the full Committee the U.S. Trade Representative; and special DOCUMENTS Chairman a written report covering the in- trade-related problems involving market ac- Any Committee or Subcommittee print, formation gained as a result of the hearing, cess, competitive conditions of specific in- document, or similar material prepared for meeting, conference, facility inspection or dustries, export policy and promotion, access public distribution shall either be approved investigation attended pursuant to such offi- to materials in short supply, bilateral trade by the Committee or Subcommittee prior to cial travel. relations including trade with developing

VerDate Aug 31 2005 04:07 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A06FE7.037 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE February 6, 2007 CONGRESSIONAL RECORD — HOUSE H1239

countries, operations of multinational cor- ment compensation, and the financing there- RULE 12. RECOMMENDATION FOR APPOINTMENT porations, and trade with non-market econo- of, including the programs for extended and OF CONFEREES mies. emergency benefits. More specifically, the Whenever in the legislative process it be- 2. The Subcommittee on Oversight shall jurisdiction of the Subcommittee on Income comes necessary to appoint conferees, the consist of 13 Members, 8 of whom shall be Security and Family Support shall also in- Chairman of the full Committee shall rec- Democrats and 5 of whom shall be Repub- clude all bills and matters pertaining to the ommend to the Speaker as conferees the licans. programs of unemployment compensation names of those Committee Members as the The jurisdiction of the Subcommittee on under titles III, IX and XII of the Social Se- Chairman may designate. In making rec- Oversight shall include all matters within curity Act, Chapters 23 and 23A of the Inter- ommendations of Minority Members as con- the scope of the full Committee’s jurisdic- nal Revenue Code, and the Federal-State Ex- ferees, the Chairman shall consult with the tion but shall be limited to existing law. tended Unemployment Compensation Act of Ranking Minority Member of the Com- Said oversight jurisdiction shall not be ex- 1970, and provisions relating thereto. mittee. clusive but shall be concurrent with that of 6. The Subcommittee on Select Revenue C. Hearings the other Subcommittees. With respect to Measures shall consist of 13 Members, 8 of RULE 13. WITNESSES matters involving the Internal Revenue Code whom shall be Democrats and 5 of whom and other revenue issues, said concurrent ju- shall be Republicans. In order to assure the most productive use of the limited time available to question risdiction shall be shared with the full Com- The jurisdiction of the Subcommittee on hearing witnesses, a witness who is sched- mittee. Before undertaking any investiga- Select Revenue Measures shall consist of uled to appear before the full Committee or tion or hearing, the Chairman of the Sub- those revenue measures that, from time to a Subcommittee shall file with the Clerk of committee on Oversight shall confer with time, shall be referred to it specifically by the Committee at least 48 hours in advance the Chairman of the full Committee and the the Chairman of the full Committee. Chairman of any other Subcommittee having of his or her appearance a written statement jurisdiction. RULE 9. EX-OFFICIO MEMBERS OF of their proposed testimony. In addition, all 3. The Subcommittee on Health shall con- SUBCOMMITTEES witnesses shall comply with formatting re- sist of 13 Members, 8 of whom shall be Demo- The Chairman of the full Committee and quirements as specified by the Committee crats and 5 of whom shall be Republicans. the Ranking Minority Member may sit as ex- and the Rules of the House. Failure to com- The jurisdiction of the Subcommittee on officio Members of all Subcommittees. They ply with the 48–hour rule may result in a Health shall include bills and matters re- may be counted for purposes of assisting in witness being denied the opportunity to tes- ferred to the Committee on Ways and Means the establishment of a quorum for a Sub- tify in person. Failure to comply with the that relate to programs providing payments committee. However, their absence shall not formatting requirements may result in a (from any source) for health care, health de- count against the establishment of a quorum witness’ statement being rejected for inclu- livery systems, or health research. More spe- by the regular Members of the Sub- sion in the published hearing record. In addi- cifically, the jurisdiction of the Sub- committee. Ex-officio Members shall neither tion to the requirements of clause 2(g)( 4) of committee on Health shall include bills and vote in the Subcommittee nor be taken into Rule XI of the Rules of the House regarding matters that relate to the health care pro- consideration for the purposes of deter- information required of public witnesses, a grams of the Social Security Act (including mining the ratio of the Subcommittee. witness shall limit his or her oral presen- titles V, XI (Part B), XVIII, and XIX thereof) tation to a summary of their position and RULE 10. SUBCOMMITTEE MEETINGS and, concurrent with the full Committee, tax shall provide sufficient copies of their writ- credit and deduction provisions of the Inter- Insofar as practicable, meetings of the full ten statement to the Clerk for distribution nal Revenue Code dealing with health insur- Committee and its Subcommittees shall not to Members, staff and news media. ance premiums and health care costs. conflict. Subcommittee Chairmen shall set A witness appearing at a public hearing, or 4. The Subcommittee on Social Security meeting dates after consultation with the submitting a statement for the record of a shall consist of 13 Members, 8 of whom shall Chairman of the full Committee and other public hearing, or submitting written com- be Democrats and 5 of whom shall be Repub- Subcommittee Chairmen with a view to- ments in response to a published request for licans. wards avoiding, wherever possible, simulta- comments by the Committee must include in The jurisdiction of the Subcommittee on neous scheduling of full Committee and Sub- their statement or submission, a list of all Social Security shall include bills and mat- committee meetings or hearings. clients, persons or organizations on whose ters referred to the Committee on Ways and RULE 11. REFERENCE OF LEGISLATION AND behalf the witness appears. Oral testimony Means that relate to the Federal Old Age, SUBCOMMITTEE REPORTS and statements for the record, or written Survivors’ and Disability Insurance System, comments in response to a request for com- Except for bills or measures retained by the Railroad Retirement System, and em- ments by the Committee, will be accepted the Chairman of the full Committee for full ployment taxes and trust fund operations re- only from citizens of the United States or Committee consideration, every bill or other lating to those systems. More specifically, corporations or associations organized under measure referred to the Committee shall be the jurisdiction of the Subcommittee on So- the laws of one of the 50 States of the United referred by the Chairman of the full Com- cial Security shall include bills and matters States or the District of Columbia, unless mittee to the appropriate Subcommittee in a involving title II of the Social Security Act otherwise directed by the Chairman of the timely manner. A Subcommittee shall, with- and Chapter 22 of the Internal Revenue Code full Committee or Subcommittee involved. in three legislative days of the referral, ac- (the Railroad Retirement Tax Act), as well Written statements from non-citizens may knowledge same to the full Committee. as provisions in title VII and title XI of the be considered for acceptance in the record if Act relating to procedure and administration After a measure has been pending in a Sub- transmitted to the Committee in writing by involving the Old Age, Survivors’ and Dis- committee for a reasonable period of time, Members of Congress. the Chairman of the full Committee may ability Insurance System. RULE 14. QUESTIONING OF WITNESSES 5. The Subcommittee on Income Security make a request in writing to the Sub- Committee Members may question wit- and Family Support shall consist of 13 Mem- committee that the Subcommittee forthwith nesses only when recognized by the Chair- bers, 8 of whom shall be Democrats and 5 of report the measure to the full Committee man for that purpose. All Members shall be whom shall be Republicans. with its recommendations. If within seven The jurisdiction of the Subcommittee on legislative days after the Chairman’s written limited to five minutes on the initial round Income Security and Family Support shall request, the Subcommittee has not so re- of questioning. In questioning witnesses include bills and matters referred to the ported the measure, then there shall be in under the five minute rule, the Chairman Committee on Ways and Means that relate order in the full Committee a motion to dis- and the Ranking Minority Member shall be to the public assistance provisions of the So- charge the Subcommittee from further con- recognized first, after which Members who cial Security Act, including temporary as- sideration of the measure. If such motion is are in attendance at the beginning of a hear- sistance for needy families, child care, child approved by a majority vote of the full Com- ing will be recognized in the order of their and family services, child support, foster mittee, the measure may thereafter be con- seniority on the Committee. Other Members care, adoption, supplemental security in- sidered only by the full Committee. shall be recognized in the order of their ap- come social services, eligibility of welfare re- No measure reported by a Subcommittee pearance at the hearing. In recognizing cipients for food stamps, and low-income en- shall be considered by the full Committee Members to question witnesses, the Chair- ergy assistance. More specifically, the juris- unless it has been presented to all Members man may take into consideration the ratio diction of the Subcommittee on Income Se- of the full Committee at least two legislative of Majority Members to Minority Members curity and Family Support shall include bills days prior to the full Committee’s meeting, and the number of Majority and Minority and matters relating to titles I, IV, VI, X, together with a comparison with present Members present and shall apportion the rec- XIV, XVI, XVII, XX and related provisions of law, a section-by-section analysis of the pro- ognition for questioning in such a manner as titles VII and XI of the Social Security Act. posed change, a section-by-section justifica- not to disadvantage Members of the major- The jurisdiction of the Subcommittee on tion, and a draft statement of the budget ef- ity. Income Security and Family Support shall fects of the measure that is consistent with RULE 15. SUBPOENA POWER also include bills and matters referred to the the requirements for reported measures The power to authorize and issue sub- Committee on Ways and Means that relate under clause 3(d)(2) of Rule XIII of the Rules poenas is delegated to the Chairman of the to the Federal-State system of unemploy- of the House of Representatives. full Committee, as provided for under clause

VerDate Aug 31 2005 02:05 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A06FE7.039 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE H1240 CONGRESSIONAL RECORD — HOUSE February 6, 2007

2(m)(3)(A)(i) of Rule XI of the Rules of the and the Subcommittees, whether they be RULE VII. RECORDS OF THE HOUSE House of Representatives. open or closed to the public. This official Archiving transcript, marked as ‘‘uncorrected,’’ shall RULE 16. RECORDS OF HEARINGS 1. (a) At the end of each Congress, the be available for inspection by the public (ex- An accurate stenographic record shall be chairman of each committee shall transfer cept for meetings closed pursuant to clause kept of all testimony taken at a public hear- to the Clerk any noncurrent records of such 2(g)(1) of Rule XI of the Rules of the House), ing. The staff shall transmit to a witness the committee, including the subcommittees by Members of the House, or by Members of transcript of his or her testimony for correc- thereof. the Committee together with their staffs, tion and immediate return to the Committee (b) At the end of each Congress, each offi- during normal business hours in the full offices. Only changes in the interest of clar- cer of the House elected under rule II shall Committee or Subcommittee office under ity, accuracy and corrections in transcribing transfer to the Clerk any noncurrent records such controls as the Chairman of the full errors will be permitted. Changes that sub- made or acquired in the course of the duties Committee deems necessary. Official tran- stantially alter the actual testimony will of such officer. scripts shall not be removed from the Com- not be permitted. Members shall have the op- 2. The Clerk shall deliver the records mittee or Subcommittee office. portunity to correct their own testimony be- transferred under clause 1, together with any If, however, (1) in the drafting of a Com- fore publication. The Chairman of the full other noncurrent records of the House, to the mittee or Subcommittee decision, the Office Committee may order the printing of a hear- Archivist of the United States for preserva- of the House Legislative Counsel or (2) in the ing without the corrections of a witness or tion at the National Archives and Records preparation of a Committee report, the Chief Member if he determines that a reasonable Administration. Records so delivered are the of Staff of the Joint Committee on Taxation time has been afforded to make corrections permanent property of the House and remain determines (in consultation with appropriate and that further delay would impede the con- subject to this rule and any order of the majority and minority committee staff) that sideration of the legislation or other meas- House. it is necessary to review the official tran- ure that is the subject of the hearing. script of a markup, such transcript may be Public availability RULE 17. BROADCASTING OF HEARINGS released upon the signature and to the cus- 3. (a) The Clerk shall authorize the Archi- The provisions of clause 4(f) of Rule XI of tody of an appropriate committee staff per- vist to make records delivered under clause 2 the Rules of the House of Representatives son. Such transcript shall be returned imme- available for public use, subject to paragraph are specifically made a part of these rules by diately after its review in the drafting ses- (b), clause 4, and any order of the House. reference. In addition, the following policy sion. (b)(1) A record shall immediately be made shall apply to media coverage of any meet- The official transcript of a markup or available if it was previously made available ing of the full Committee or a Sub- Committee meeting other than a public for public use by the House or a committee committee: hearing shall not be published or distributed or a subcommittee. (1) An appropriate area of the Committee’s to the public in any way except by a major- (2) An investigative record that contains hearing room will be designated for members ity vote of the Committee. Before any public personal data relating to a specific living of the media and their equipment. release of the uncorrected transcript, Mem- person (the disclosure of which would be an (2) No interviews will be allowed in the bers must be given a reasonable opportunity unwarranted invasion of personal privacy), Committee room while the Committee is in to correct their remarks. In instances in an administrative record relating to per- session. Individual interviews must take which a stenographic transcript is kept of a sonnel, or a record relating to a hearing that place before the gavel falls for the convening conference committee proceeding, all of the was closed under clause 2(g)(2) of rule XI of a meeting or after the gavel falls for ad- requirements of this rule shall likewise be shall be made available if it has been in ex- journment. observed. istence for 50 years. (3) Day-to-day notification of the next (3) A record for which a time, schedule, or RULE 22. PUBLICATION OF DECISIONS AND day’s electronic coverage shall be provided condition for availability is specified by LEGISLATIVE LANGUAGE by the media to the Chairman of the full order of the House shall be made available in Committee through an appropriate designee. A press release describing any tentative or accordance with that order. Except as other- (4) Still photography during a Committee final decision made by the full Committee or wise provided by order of the House, a record meeting will not be permitted to disrupt the a Subcommittee on legislation under consid- of a committee for which a time, schedule, or proceedings or block the vision of Com- eration shall be made available to each condition for availability is specified by mittee Members or witnesses. Member of the Committee as soon as pos- order of the committee (entered during the (5) Further conditions may be specified by sible, but no later than the next day. How- Congress in which the record is made or ac- the Chairman. ever, the legislative draft of any tentative or quired by the committee) shall be made final decision of the full Committee or a D. Markups available in accordance with the order of the Subcommittee shall not be publicly released committee. RULE 18. PREVIOUS QUESTION until such draft is made available to each (4) A record (other than a record referred The Chairman shall not recognize a Mem- Member of the Committee. to in subparagraph (1), (2), or (3)) shall be ber for the purpose of moving the previous E. Staff made available if it has been in existence for question unless the Member has first advised 30 years. RULE 23. SUPERVISION OF COMMITTEE STAFF the Chair and the Committee that this is the 4. (a) A record may not be made available purpose for which recognition is being The staff of the Committee shall be under for public use under clause 3 if the Clerk de- sought. the general supervision and direction of the termines that such availability would be det- Chairman of the full Committee except as RULE 19. POSTPONEMENT OF PROCEEDINGS rimental to the public interest or incon- provided in clause 9 of Rule X of the Rules of The Chairman may postpone further pro- sistent with the rights and privileges of the the House of Representatives concerning House. The Clerk shall notify in writing the ceedings when a record vote is ordered on the Committee expenses and staff. question of approving any measure or matter chairman and ranking minority member of Pursuant to clause 6(d) of Rule X of the the Committee on House Administration of or adopting an amendment. Rules of the House of Representatives, the The Chairman may resume proceedings on any such determination. Chairman of the full Committee, from the (b) A determination of the Clerk under a postponed request at any time. In exer- funds made available for the appointment of cising postponement authority the Chairman paragraph (a) is subject to later orders of the Committee staff pursuant to primary and ad- House and, in the case of a record of a com- shall take reasonable steps to notify Mem- ditional expense resolutions, shall ensure bers on the resumption of proceedings on any mittee, later orders of the committee. that each Subcommittee receives sufficient 5. (a) This rule does not supersede rule VIII postponed record vote. staff to carry out its responsibilities under or clause 11 of rule X and does not authorize When proceedings resume on a postponed the rules of the Committee, and that the mi- the public disclosure of any record if such question, notwithstanding any intervening nority party is fairly treated in the appoint- disclosure is prohibited by law or executive order for the previous question, an under- ment of such staff. order of the President. lying proposition shall remain subject to fur- (b) The Committee on House Administra- ther debate or amendment to the same ex- PART II—SELECTED RULES OF THE tion may prescribe guidelines and regula- tent as when the question was postponed. HOUSE OF REPRESENTATIVES tions governing the applicability and imple- Part II of the Manual of Rules of the Com- RULE 20. MOTION TO GO TO CONFERENCE mentation of this rule. mittee on Ways and Means consists of se- The Chairman is authorized to offer a mo- (c) A committee may withdraw from the lected Rules of the House of Representatives, tion under clause 1 of rule XXII of the Rules National Archives and Records Administra- which are also part of the Committee’s rules of the House of Representatives whenever tion any record of the committee delivered and which affect its organization, adminis- the Chairman considers it appropriate. to the Archivist under this rule. Such a tration, and operation. The rules cited here- withdrawal shall be on a temporary basis RULE 21. OFFICIAL TRANSCRIPTS OF MARKUPS in are not exclusive of other rules of the and for official use of the committee. AND OTHER COMMITTEE MEETINGS House of Representatives applicable to the An official stenographic transcript shall be Committee, but rather are considered to be Definition of record kept accurately reflecting all markups and some of the more important rules to which 6. In this rule the term ‘‘record’’ means other official meetings of the full Committee frequent reference is made. any official, permanent record of the House

VerDate Aug 31 2005 02:05 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A06FE7.041 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE February 6, 2007 CONGRESSIONAL RECORD — HOUSE H1241 (other than a record of an individual Mem- under this clause. The establishment of an later than six weeks after the President sub- ber, Delegate, or Resident Commissioner), oversight subcommittee does not limit the mits his budget, or at such time as the Com- including— responsibility of a subcommittee with legis- mittee on the Budget may request— (a) with respect to a committee, an offi- lative jurisdiction in carrying out its over- (A) its views and estimates with respect to cial, permanent record of the committee (insight responsibilities. all matters to be set forth in the concurrent cluding any record of a legislative, over- (c) Each standing committee shall review resolution on the budget for the ensuing fis- sight, or other activity of such committee or and study on a continuing basis the impact cal year that are within its jurisdiction or a subcommittee thereof); or probable impact of tax policies affecting functions; and subjects within its jurisdiction as described (B) an estimate of the total amounts of * * * * * in clauses 1 and 3. new budget authority, and budget outlays re- RULE X. ORGANIZATION OF COMMITTEES (d)(1) Not later than February 15 of the sulting therefrom, to be provided or author- Committees and their legislative jurisdictions first session of a Congress, each standing ized in all bills and resolutions within its ju- committee shall, in a meeting that is open to risdiction that it intends to be effective dur- 1. There shall be in the House the following the public and with a quorum present, adopt ing that fiscal year. standing committees, each of which shall its oversight plan for that Congress. Such (2) The views and estimates submitted by have the jurisdiction and related functions plan shall be submitted simultaneously to the Committee on Ways and Means under assigned by this clause and clauses 2, 3, and the Committee on Oversight and Govern- subparagraph (1) shall include a specific rec- 4. All bills, resolutions, and other matters ment Reform and to the Committee on ommendation, made after holding public relating to subjects within the jurisdiction House Administration. In developing its plan hearings, as to the appropriate level of the of the standing committees listed in this each committee shall, to the maximum ex- public debt that should be set forth in the clause shall be referred to those committees, tent feasible— concurrent resolution on the budget. in accordance with clause 2 of rule XII, as (A) consult with other committees that follows: * * * have jurisdiction over the same or related * * * * * (t) Committee on Ways and Means. laws, programs, or agencies within its juris- Election and membership of standing committees (1) Customs revenue, collection districts, diction with the objective of ensuring max- 5. * * * and ports of entry and delivery. imum coordination and cooperation among (2)(A) The Committee on the Budget shall (2) Reciprocal trade agreements. committees when conducting reviews of such be composed of members as follows: (3) Revenue measures generally. laws, programs, or agencies and include in (i) Members, Delegates, or the Resident (4) Revenue measures relating to insular its plan an explanation of steps that have Commissioner who are members of other possessions. been or will be taken to ensure such coordi- standing committees, including five who are (5) Bonded debt of the United States, sub- nation and cooperation; members of the Committee on Appropria- ject to the last sentence of clause 4(f). (B) review specific problems with Federal tions and five who are members of the Com- (6) Deposit of public monies. rules, regulations, statutes, and court deci- mittee on Ways and Means; sions that are ambiguous, arbitrary, or non- (7) Transportation of dutiable goods. * * * * * (8) Tax exempt foundations and charitable sensical, or that impose severe financial bur- trusts. dens on individuals; Expense resolutions (9) National social security (except health (C) give priority consideration to including 6. (a) Whenever a committee, commission, care and facilities programs that are sup- in its plan the review of those laws, pro- or other entity (other than the Committee ported from general revenues as opposed to grams, or agencies operating under perma- on Appropriations) is granted authorization payroll deductions and except work incen- nent budget authority or permanent statu- for the payment of its expenses (including tive programs). tory authority; staff salaries) for a Congress, such authoriza- (D) have a view toward ensuring that all General oversight responsibilities tion initially shall be procured by one pri- significant laws, programs, or agencies with- mary expense resolution reported by the 2. (a) The various standing committees in its jurisdiction are subject to review every Committee on House Administration. A pri- shall have general oversight responsibilities 10 years; and mary expense resolution may include a re- as provided in paragraph (b) in order to as- (E) have a view toward insuring against serve fund for unanticipated expenses of sist the House in— duplication of Federal programs. committees. (1) its analysis, appraisal, and evaluation (2) Not later than March 31 in the first ses- An amount from such a reserve fund may of— sion of a Congress, after consultation with be allocated to a committee only by the ap- (A) the application, administration, execu- the Speaker, the Majority Leader, and the proval of the Committee on House Adminis- tion, and effectiveness of Federal laws; and Minority Leader, the Committee on Over- tration. A primary expense resolution re- (B) conditions and circumstances that may sight and Government Reform shall report to ported to the House may not be considered in the House the oversight plans submitted by indicate the necessity or desirability of en- the House unless a printed report thereon committees together with any recommenda- acting new or additional legislation; and was available on the previous calendar day. tions that it, or the House leadership group (2) its formulation, consideration, and en- For the information of the House, such re- described above, may make to ensure the actment of changes in Federal laws, and of port shall— such additional legislation as may be nec- most effective coordination of oversight (1) state the total amount of the funds to essary or appropriate. plans and otherwise to achieve the objectives be provided to the committee, commission, (b)(1) In order to determine whether laws of this clause. or other entity under the primary expense (e) The Speaker, with the approval of the and programs addressing subjects within the resolution for all anticipated activities and House, may appoint special ad hoc oversight jurisdiction of a committee are being imple- programs of the committee, commission, or committees for the purpose of reviewing spe- mented and carried out in accordance with other entity; and the intent of Congress and whether they cific matters within the jurisdiction of two (2) to the extent practicable, contain such should be continued, curtailed, or elimi- or more standing committees. general statements regarding the estimated nated, each standing committee (other than Special oversight functions foreseeable expenditures for the respective the Committee on Appropriations) shall re- 3. * * * anticipated activities and programs of the view and study on a continuing basis— (f) The Committee on Foreign Affairs shall committee, commission, or other entity as (A) the application, administration, execu- review and study on a continuing basis laws, may be appropriate to provide the House tion, and effectiveness of laws and programs programs, and Government activities relat- with basic estimates of the expenditures con- addressing subjects within its jurisdiction; ing to customs administration, intelligence templated by the primary expense resolu- (B) the organization and operation of Fed- activities relating to foreign policy, inter- tion. eral agencies and entities having responsibil- national financial and monetary organiza- (b) After the date of adoption by the House ities for the administration and execution of tions, and international fishing agreements. of a primary expense resolution for a com- laws and programs addressing subjects with- * * * * * mittee, commission, or other entity for a in its jurisdiction; Additional functions of committees Congress, authorization for the payment of (C) any conditions or circumstances that additional expenses (including staff salaries) 4. * * * may indicate the necessity or desirability of (b) The Committee on the Budget shall— in that Congress may be procured by one or enacting new or additional legislation ad- *** more supplemental expense resolutions re- dressing subjects within its jurisdiction (6) request and evaluate continuing studies ported by the Committee on House Adminis- (whether or not a bill or resolution has been of tax expenditures, devise methods of co- tration, as necessary. A supplemental ex- introduced with respect thereto); and ordinating tax expenditures, policies, and pense resolution reported to the House may (D) future research and forecasting on sub- programs with direct budget outlays, and re- not be considered in the House unless a jects within its jurisdiction. port the results of such studies to the House printed report thereon was available on the (2) Each committee to which subparagraph on a recurring basis. previous calendar day. For the information (1) applies having more than 20 members of the House, such report shall— shall establish an oversight subcommittee, * * * * * (1) state the total amount of additional or require its subcommittees to conduct Budget Act responsibilities funds to be provided to the committee, com- oversight in their respective jurisdictions, to (f)(1) Each standing committee shall submission, or other entity under the supple- assist in carrying out its responsibilities mit to the Committee on the Budget not mental expense resolution and the purposes

VerDate Aug 31 2005 02:05 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A06FE7.043 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE H1242 CONGRESSIONAL RECORD — HOUSE February 6, 2007 for which those additional funds are avail- the committee concerned in that Congress, of any transportation in connection with able; and payments under this paragraph shall be travel outside the United States unless the (2) state the reasons for the failure to pro- made on vouchers signed by— member or employee actually paid for the cure the additional funds for the committee, (1) the member of the committee who transportation. commission, or other entity by means of the served as chairman of the committee at the (d) The restrictions respecting travel out- primary expense resolution. expiration of the preceding Congress; or side the United States set forth in paragraph (c) The preceding provisions of this clause (2) if the chairman is not a Member, Dele- (c) also shall apply to travel outside the do not apply to— gate, or Resident Commissioner in the United States by a Member, Delegate, Resi- (1) a resolution providing for the payment present Congress, then the ranking member dent Commissioner, officer, or employee of from committee salary and expense accounts of the committee as it was constituted at the the House authorized under any standing of the House of sums necessary to pay com- expiration of the preceding Congress who is a rule. pensation for staff services performed for, or member of the majority party in the present Committee staffs to pay other expenses of, a committee, com- Congress. 9. (a)(1) Subject to subparagraph (2) and mission, or other entity at any time after (f)(1) The authority of a committee to paragraph (f), each standing committee may the beginning of an odd-numbered year and incur expenses under this paragraph shall ex- appoint, by majority vote, not more than 30 before the date of adoption by the House of pire upon adoption by the House of a pri- professional staff members to be com- the primary expense resolution described in mary expense resolution for the committee. pensated from the funds provided for the ap- paragraph (a) for that year; or (2) Amounts made available under this pointment of committee staff by primary (2) a resolution providing each of the paragraph shall be expended in accordance and additional expense resolutions. Each standing committees in a Congress addi- with regulations prescribed by the Com- professional staff member appointed under tional office equipment, airmail and special- mittee on House Administration. this subparagraph shall be assigned to the delivery postage stamps, supplies, staff per- (3) This clause shall be effective only inso- chairman and the ranking minority member sonnel, or any other specific item for the op- far as it is not inconsistent with a resolution of the committee, as the committee con- eration of the standing committees, and con- reported by the Committee on House Admin- siders advisable. taining an authorization for the payment istration and adopted by the House after the (2) Subject to paragraph (f) whenever a ma- from committee salary and expense accounts adoption of these rules. jority of the minority party members of a of the House of the expenses of any of the Travel standing committee (other than the Com- foregoing items provided by that resolution, 8. (a) Local currencies owned by the United mittee on Standards of Official Conduct or subject to and until enactment of the provi- States shall be made available to the com- the Permanent Select Committee on Intel- sions of the resolution as permanent law. mittee and its employees engaged in car- ligence) so request, not more than 10 persons (d) From the funds made available for the rying out their official duties outside the (or one-third of the total professional com- appointment of committee staff by a pri- United States or its territories or posses- mittee staff appointed under this clause, mary or additional expense resolution, the sions. Appropriated funds, including those whichever is fewer) may be selected, by ma- chairman of each committee shall ensure authorized under this clause and clauses 6 jority vote of the minority party members, that sufficient staff is made available to and 8, may not be expended for the purpose for appointment by the committee as profes- each subcommittee to carry out its respon- of defraying expenses of members of a com- sional staff members under subparagraph (1). sibilities under the rules of the committee mittee or its employees in a country where The committee shall appoint persons so se- and that the minority party is treated fairly local currencies are available for this pur- lected whose character and qualifications in the appointment of such staff. pose. are acceptable to a majority of the com- (e) Funds authorized for a committee (b) The following conditions shall apply mittee. If the committee determines that under this clause and clauses 7 and 8 are for with respect to travel outside the United the character and qualifications of a person expenses incurred in the activities of the States or its territories or possessions: so selected are unacceptable, a majority of committee. (1) A member or employee of a committee the minority party members may select an- Interim funding may not receive or expend local currencies for subsistence in a country for a day at a other person for appointment by the com- 7. (a) For the period beginning at noon on rate in excess of the maximum per diem set mittee to the professional staff until such January 3 and ending at midnight on March forth in applicable Federal law. appointment is made. Each professional staff 31 in each odd-numbered year, such sums as (2) A member or employee shall be reim- member appointed under this subparagraph may be necessary shall be paid out of the bursed for his expenses for a day at the lesser shall be assigned to such committee business committee salary and expense accounts of of— as the minority party members of the com- the House for continuance of necessary in- (A) the per diem set forth in applicable mittee consider advisable. vestigations and studies by— Federal law; or (b)(1) The professional staff members each (1) each standing and select committee es- (B) the actual, unreimbursed expenses standing committee— tablished by these rules; and (other than for transportation) he incurred (A) may not engage in any work other than (2) except as specified in paragraph (b), during that day. committee business during congressional each select committee established by resolu- (3) Each member or employee of a com- working hours; and tion. mittee shall make to the chairman of the (B) may not be assigned a duty other than (b) In the case of the first session of a Con- committee an itemized report showing the one pertaining to committee business. gress, amounts shall be made available under dates each country was visited, the amount (2)(A) Subparagraph (1) does not apply to this paragraph for a select committee estab- of per diem furnished, the cost of transpor- staff designated by a committee as ‘‘asso- lished by resolution in the preceding Con- tation furnished, and funds expended for any ciate’’ or ‘‘shared’’ staff who are not paid ex- gress only if— other official purpose and shall summarize in clusively by the committee, provided that (1) a resolution proposing to reestablish these categories the total foreign currencies the chairman certifies that the compensa- such select committee is introduced in the or appropriated funds expended. Each report tion paid by the committee for any such present Congress; and shall be filed with the chairman of the com- staff is commensurate with the work per- (2) the House has not adopted a resolution mittee not later than 60 days following the formed for the committee in accordance with of the preceding Congress providing for ter- completion of travel for use in complying clause 8 of rule XXIII. mination of funding for investigations and with reporting requirements in applicable (B) The use of any ‘‘associate’’ or ‘‘shared’’ studies by such select committee. Federal law and shall be open for public in- staff by a committee other than the Com- (c) Each committee described in paragraph spection. mittee on Appropriations shall be subject to (a) shall be entitled for each month during (c)(1) In carrying out the activities of a the review of, and to any terms, conditions, the period specified in paragraph (a) to 9 per- committee outside the United States in a or limitations established by, the Committee cent (or such lesser percentage as may be de- country where local currencies are unavail- on House Administration in connection with termined by the Committee on House Ad- able, a member or employee of a committee the reporting of any primary or additional ministration) of the total annualized amount may not receive reimbursement for expenses expense resolution. made available under expense resolutions for (other than for transportation) in excess of (c) Each employee on the professional or such committee in the preceding session of the maximum per diem set forth in applica- investigative staff of a standing committee Congress. ble Federal law. shall be entitled to pay at a single gross per (d) Payments under this paragraph shall be (2) A member or employee shall be reim- annum rate, to be fixed by the chairman and made on vouchers authorized by the com- bursed for his expenses for a day, at the less- that does not exceed the maximum rate of mittee involved, signed by the chairman of er of— pay as in effect from time to time under ap- the committee, except as provided in para- (A) the per diem set forth in applicable plicable provisions of law. graph (e), and approved by the Committee on Federal law; or (d) Subject to appropriations hereby au- House Administration. (B) the actual unreimbursed expenses thorized, the Committee on Appropriations (e) Notwithstanding any provision of law, (other than for transportation) he incurred may appoint by majority vote such staff as rule of the House, or other authority, from during that day. it determines to be necessary (in addition to noon on January 3 of the first session of a (3) A member or employee of a committee the clerk of the committee and assistants for Congress until the election by the House of may not receive reimbursement for the cost the minority). The staff appointed under this

VerDate Aug 31 2005 03:14 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A06FE7.044 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE February 6, 2007 CONGRESSIONAL RECORD — HOUSE H1243 paragraph, other than minority assistants, committee may incur expenses, including a motion under clause 1 of rule XXII when- shall possess such qualifications as the com- travel expenses, in connection with such in- ever the chairman considers it appropriate. mittee may prescribe. vestigations and studies. Regular meeting days (e) A committee may not appoint to its (2) A proposed investigative or oversight (b) Each standing committee shall estab- staff an expert or other personnel detailed or report shall be considered as read in com- lish regular meeting days for the conduct of assigned from a department or agency of the mittee if it has been available to the mem- its business, which shall be not less frequent Government except with the written permis- bers for at least 24 hours (excluding Satur- than monthly. Each such committee shall sion of the Committee on House Administra- days, Sundays, or legal holidays except when meet for the consideration of a bill or resolution. the House is in session on such a day). tion pending before the committee or the (f) If a request for the appointment of a mi- (3) A report of an investigation or study transaction of other committee business on nority professional staff member under para- conducted jointly by more than one com- all regular meeting days fixed by the com- graph (a) is made when no vacancy exists for mittee may be filed jointly, provided that mittee unless otherwise provided by written such an appointment, the committee never- each of the committees complies independ- rule adopted by the committee. theless may appoint under paragraph (a) a ently with all requirements for approval and Additional and special meetings person selected by the minority and accept- filing of the report. (c)( 1) The chairman of each standing com- able to the committee. A person so appointed (4) After an adjournment sine die of the mittee may call and convene, as he considers shall serve as an additional member of the last regular session of a Congress, an inves- necessary, additional and special meetings of professional staff of the committee until tigative or oversight report may be filed the committee for the consideration of a bill with the Clerk at any time, provided that a such a vacancy occurs (other than a vacancy or resolution pending before the committee member who gives timely notice of intention in the position of head of the professional or for the conduct of other committee busi- to file supplemental, minority, or additional staff, by whatever title designated), at which ness, subject to such rules as the committee views shall be entitled to not less than seven time that person is considered as appointed may adopt. The committee shall meet for calendar days in which to submit such views to that vacancy. Such a person shall be paid such purpose under that call of the chair- for inclusion in the report. from the applicable accounts of the House man. described in clause 1(i)(1) of rule X. If such a (c) Each committee may have printed and (2) Three or more members of a standing vacancy occurs on the professional staff bound such testimony and other data as may committee may file in the offices of the com- when seven or more persons have been so ap- be presented at hearings held by the committee a written request that the chairman pointed who are eligible to fill that vacancy, mittee or its subcommittees. All costs of call a special meeting of the committee. a majority of the minority party members stenographic services and transcripts in con- Such request shall specify the measure or shall designate which of those persons shall nection with a meeting or hearing of a com- matter to be considered. Immediately upon fill the vacancy. mittee shall be paid from the applicable ac- the filing of the request, the clerk of the (g) Each staff member appointed pursuant counts of the House described in clause 1 committee shall notify the chairman of the to a request by minority party members (i)(1) of rule X. filing of the request. If the chairman does under paragraph ( a), and each staff member (d)(1) Each committee shall submit to the not call the requested special meeting within appointed to assist minority members of a House not later than January 2 of each odd- three calendar days after the filing of the re- committee pursuant to an expense resolution numbered year a report on the activities of quest (to be held within seven calendar days described in paragraph (a) of clause 6, shall that committee under this rule and rule X after the filing of the request) a majority of be accorded equitable treatment with re- during the Congress ending at noon on Janu- the members of the committee may file in spect to the fixing of the rate of pay, the as- ary 3 of such year. the offices of the committee their written signment of work facilities, and the accessi- (2) Such report shall include separate sec- notice that a special meeting of the com- bility of committee records. tions summarizing the legislative and over- mittee will be held. The written notice shall (h) Paragraph (a) may not be construed to sight activities of that committee during specify the date and hour of the special authorize the appointment of additional pro- that Congress. meeting and the measure or matter to be fessional staff members of a committee pur- (3) The oversight section of such report considered. The committee shall meet on suant to a request under paragraph (a) by the shall include a summary of the oversight that date and hour. Immediately upon the minority party members of that committee plans submitted by the committee under filing of the notice, the clerk of the com- if 10 or more professional staff members pro- clause 2(d) of rule X, a summary of the ac- mittee shall notify all members of the com- vided for in paragraph (a)(1) who are satisfac- tions taken and recommendations made with mittee that such special meeting will be held tory to a majority of the minority party respect to each such plan, a summary of any and inform them of its date and hour and the members are otherwise assigned to assist the additional oversight activities undertaken measure or matter to be considered. Only the minority party members. by that committee, and any recommenda- measure or matter specified in that notice (i) Notwithstanding paragraph (a)(2), a tions made or actions taken thereon. may be considered at that special meeting. committee may employ nonpartisan staff, in (4) After an adjournment sine die of the Temporary absence of chairman lieu of or in addition to committee staff des- last regular session of a Congress, the chair- (d) A member of the majority party on ignated exclusively for the majority or mi- man of a committee may file an activities each standing committee or subcommittee nority party, by an affirmative vote of a ma- report under subparagraph (1) with the Clerk thereof shall be designated by the chairman jority of the members of the majority party at any time and without approval of the of the full committee as the vice chairman of and of a majority of the members of the mi- committee, provided that— the committee or subcommittee, as the case nority party. (A) a copy of the report has been available may be, and shall preside during the absence to each member of the committee for at * * * * * of the chairman from any meeting. If the least seven calendar days; and chairman and vice chairman of a committee RULE XI. PROCEDURES OF COMMITTEES AND (B) the report includes any supplemental, or subcommittee are not present at any UNFINISHED BUSINESS minority, or additional views submitted by a meeting of the committee or subcommittee, In general member of the committee. the ranking majority member who is present 1. (a)(1)(A) The Rules of the House are the Adoption of written rules shall preside at that meeting. rules of its committees and subcommittees 2. (a)(1) Each standing committee shall Committee records so far as applicable. adopt written rules governing its procedure. (e)(l)(A) Each committee shall keep a com- (B) Each subcommittee is a part of its Such rules— plete record of all committee action which committee and is subject to the authority (A) shall be adopted in a meeting that is shall include— and direction of that committee and to its open to the public unless the committee, in (i) in the case of a meeting or hearing tran- rules, so far as applicable. open session and with a quorum present, de- script, a substantially verbatim account of (2)(A) In a committee or subcommittee— termines by record vote that all or part of remarks actually made during the pro- (i) a motion to recess from day to day, or the meeting on that day shall be closed to ceedings, subject only to technical, gram- to recess subject to the call of the Chair the public; matical, and typographical corrections au- (within 24 hours), shall be privileged; and (B) may not be inconsistent with the Rules thorized by the person making the remarks (ii) a motion to dispense with the first of the House or with those provisions of law involved; and reading (in full) of a bill or resolution shall having the force and effect of Rules of the (ii) a record of the votes on any question be privileged if printed copies are available. House; and on which a record vote is demanded. (B) A motion accorded privilege under this (C) shall in any event incorporate all of the (B)(i) Except as provided in subdivision subparagraph shall be decided without de- succeeding provisions of this clause to the (B)(ii) and subject to paragraph (k)(7), the re- bate. extent applicable. sult of each such record vote shall be made (b)(1) Each committee may conduct at any (2) Each committee shall submit its rules available by the committee for inspection by time such investigations and studies as it for publication in the Congressional Record the public at reasonable times in its offices. considers necessary or appropriate in the ex- not later than 30 days after the committee is Information so available for public inspec- ercise of its responsibilities under rule X. elected in each odd-numbered year. tion shall include a description of the Subject to the adoption of expense resolu- (3) A committee may adopt a rule pro- amendment, motion, order, or other propo- tions as required by clause 6 of rule X, each viding that the chairman be directed to offer sition, the name of each member voting for

VerDate Aug 31 2005 03:14 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A06FE7.046 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE H1244 CONGRESSIONAL RECORD — HOUSE February 6, 2007 and each member voting against such would endanger national security, would (6) This paragraph does not apply to hear- amendment, motion, order, or proposition, compromise sensitive law enforcement infor- ings of the Committee on Appropriations and the names of those members of the com- mation, or would violate a law or rule of the under clause 4(a)(1) of rule X. mittee present but not voting. House. Quorum requirements (ii) The result of any record vote taken in (B) Notwithstanding the requirements of (h)(l) A measure or recommendation may executive session in the Committee on subdivision (A), in the presence of the num- not be reported by a committee unless a ma- Standards of Official Conduct may not be ber of members required under the rules of jority of the committee is actually present. the committee for the purpose of taking tes- made available for inspection by the public (2) Each committee may fix the number of timony, a majority of those present may— without an affirmative vote of a majority of its members to constitute a quorum for tak- (i) agree to close the hearing for the sole the members of the committee. ing testimony and receiving evidence, which (2)(A) Except as provided in subdivision purpose of discussing whether testimony or may not be less than two. (B), all committee hearings, records, data, evidence to be received would endanger na- (3) Each committee (other than the Com- charts, and files shall be kept separate and tional security, would compromise sensitive mittee on Appropriations, the Committee on distinct from the congressional office law enforcement information, or would vio- the Budget, and the Committee on Ways and records of the member serving as its chair- late clause 2(k)(5); or Means) may fix the number of its members man. Such records shall be the property of (ii) agree to close the hearing as provided to constitute a quorum for taking any action the House, and each Member, Delegate, and in clause 2(k)(5). other than one for which the presence of a the Resident Commissioner shall have access (C) A Member, Delegate, or Resident Com- majority of the committee is otherwise re- thereto. missioner may not be excluded from quired, which may not be less than one-third (B) A Member, Delegate, or Resident Com- nonparticipatory attendance at a hearing of of the members. missioner, other than members of the Com- a committee or subcommittee (other than (4)(A) Each committee may adopt a rule mittee on Standards of Official Conduct, the Committee on Standards of Official Con- authorizing the chairman of a committee or may not have access to the records of that duct or its subcommittees) unless the House subcommittee— committee respecting the conduct of a Mem- by majority vote authorizes a particular (i) to postpone further proceedings when a ber, Delegate, Resident Commissioner, offi- committee or subcommittee, for purposes of record vote is ordered on the question of ap- cer, or employee of the House without the a particular series of hearings on a par- proving a measure or matter or on adopting specific prior permission of that committee. ticular article of legislation or on a par- an amendment; and (3) Each committee shall include in its ticular subject of investigation, to close its (ii) to resume proceedings on a postponed rules standards for availability of records of hearings to Members, Delegates, and the question at any time after reasonable notice. the committee delivered to the Archivist of Resident Commissioner by the same proce- (B) A rule adopted pursuant to this sub- the United States under rule VII. Such dures specified in this subparagraph for clos- paragraph shall provide that when pro- standards shall specify procedures for orders ing hearings to the public. ceedings resume on a postponed question, of the committee under clause 3(b)(3) and (D) The committee or subcommittee may notwithstanding any intervening order for clause 4(b) of rule VII, including a require- vote by the same procedure described in this the previous question, an underlying propo- ment that nonavailability of a record for a subparagraph to close one subsequent day of sition shall remain subject to further debate period longer than the period otherwise ap- hearing, except that the Committee on Ap- or amendment to the same extent as when plicable under that rule shall be approved by propriations, the Committee on Armed Serv- the question was postponed. vote of the committee. ices, and the Permanent Select Committee (4) Each committee shall make its publica- on Intelligence, and the subcommittees Limitation on committee sittings tions available in electronic form to the thereof, may vote by the same procedure to (i) A committee may not sit during a joint maximum extent feasible. close up to five additional, consecutive days session of the House and Senate or during a Prohibition against proxy voting of hearings. recess when a joint meeting of the House and (3) The chairman of each committee (other (f) A vote by a member of a committee or Senate is in progress. than the Committee on Rules) shall make subcommittee with respect to any measure Calling and questioning of witnesses public announcement of the date, place, and or matter may not be cast by proxy. (j)(1) Whenever a hearing is conducted by a subject matter of a committee hearing at committee on a measure or matter, the mi- Open meetings and hearings least one week before the commencement of nority members of the committee shall be (g)(1) Each meeting for the transaction of the hearing. If the chairman of the com- entitled, upon request to the chairman by a business, including the markup of legisla- mittee, with the concurrence of the ranking majority of them before the completion of tion, by a standing committee or sub- minority member, determines that there is the hearing, to call witnesses selected by the committee thereof (other than the Com- good cause to begin a hearing sooner, or if minority to testify with respect to that mittee on Standards of Official Conduct or the committee so determines by majority measure or matter during at least one day of its subcommittee) shall be open to the pub- vote in the presence of the number of mem- hearing thereon. lic, including to radio, television, and still bers required under the rules of the com- (2)(A) Subject to subdivisions (B) and (C), photography coverage, except when the committee for the transaction of business, the each committee shall apply the five-minute mittee or subcommittee, in open session and chairman shall make the announcement at rule during the questioning of witnesses in a with a majority present, determines by the earliest possible date. An announcement hearing until such time as each member of record vote that all or part of the remainder made under this subparagraph shall be pub- the committee who so desires has had an op- of the meeting on that day shall be in execu- lished promptly in the Daily Digest and portunity to question each witness. tive session because disclosure of matters to made available in electronic form. (B) A committee may adopt a rule or mo- be considered would endanger national secu- (4) Each committee shall, to the greatest tion permitting a specified number of its rity, would compromise sensitive law en- extent practicable, require witnesses who ap- members to question a witness for longer forcement information, would tend to de- pear before it to submit in advance written than five minutes. The time for extended fame, degrade, or incriminate any person, or statements of proposed testimony and to questioning of a witness under this subdivi- otherwise would violate a law or rule of the limit their initial presentations to the com- sion shall be equal for the majority party House. Persons, other than members of the mittee to brief summaries thereof. In the and the minority party and may not exceed committee and such noncommittee Mem- case of a witness appearing in a nongovern- one hour in the aggregate. bers, Delegates, Resident Commissioner, mental capacity, a written statement of pro- (C) A committee may adopt a rule or mo- congressional staff, or departmental rep- posed testimony shall include a curriculum tion permitting committee staff for its ma- resentatives as the committee may author- vitae and a disclosure of the amount and jority and minority party members to ques- ize, may not be present at a business or source (by agency and program) of each Fed- tion a witness for equal specified periods. markup session that is held in executive ses- eral grant (or subgrant thereof) or contract The time for extended questioning of a wit- sion. This subparagraph does not apply to (or subcontract thereof) received during the ness under this subdivision shall be equal for open committee hearings, which are gov- current fiscal year or either of the two pre- the majority party and the minority party erned by clause 4(a)(l) of rule X or by sub- vious fiscal years by the witness or by an en- and may not exceed one hour in the aggre- paragraph (2). tity represented by the witness. (2)(A) Each hearing conducted by a com- (5)(A) Except as provided in subdivision gate. mittee or subcommittee (other than the (B), a point of order does not lie with respect Hearing procedures Committee on Standards of Official Conduct to a measure reported by a committee on the (k)(1) The chairman at a hearing shall an- or its subcommittees) shall be open to the ground that hearings on such measure were nounce in an opening statement the subject public, including to radio, television, and not conducted in accordance with this of hearing. still photography coverage, except when the clause. (2) A copy of the committee rules and of committee or subcommittee, in open session (B) A point of order on the ground de- this clause shall be made available to each and with a majority present, determines by scribed in subdivision (A) may be made by a witness on request. record vote that all or part of the remainder member of the committee that reported the (3) Witnesses at hearings may be accom- of that hearing on that day shall be closed to measure if such point of order was timely panied by their own counsel for the purpose the public because disclosure of testimony, made and improperly disposed of in the com- of advising them concerning their constitu- evidence, or other matters to be considered mittee. tional rights.

VerDate Aug 31 2005 04:07 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A06FE7.047 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE February 6, 2007 CONGRESSIONAL RECORD — HOUSE H1245 (4) The chairman may punish breaches of (3)(A)(i) Except as provided in subdivision shall be permitted and conducted only in order and decorum, and of professional ethics (A)(ii), a subpoena may be authorized and strict conformity with the purposes, provi- on the part of counsel, by censure and exclu- issued by a committee or subcommittee sions, and requirements of this clause. sion from the hearings; and the committee under subparagraph (1)(B) in the conduct of (e) Whenever a hearing or meeting con- may cite the offender to the House for con- an investigation or series of investigations ducted by a committee or subcommittee is tempt. or activities only when authorized by the open to the public, those proceedings shall be (5) Whenever it is asserted that the evi- committee or subcommittee, a majority open to coverage by audio and visual means. dence or testimony at an investigative hear- being present. The power to authorize and A committee or subcommittee chairman ing may tend to defame, degrade, or incrimi- issue subpoenas under subparagraph (1)(B) may not limit the number of television or nate any person or it is asserted by a witness may be delegated to the chairman of the still cameras to fewer than two representa- that the evidence or testimony that the wit- committee under such rules and under such tives from each medium (except for legiti- ness would give at hearing may tend to de- limitations as the committee may prescribe. mate space or safety considerations, in fame, degrade or incriminate the witness— Authorized subpoenas shall be signed by the which case pool coverage shall be author- (A) notwithstanding paragraph (g)(2), such chairman of the committee or by a member ized). testimony or evidence shall be presented in designated by the committee. (f) Each committee shall adopt written executive session if, in the presence of the (ii) In the case of a subcommittee of the rules to govern its implementation of this number of members required under the rules Committee on Standards of Official Conduct, clause. Such rules shall contain provisions to of the committee for the purpose of taking a subpoena may be authorized and issued the following effect: testimony, the committee determines by only by an affirmative vote of a majority of (1) If audio or visual coverage of the hearing or meeting is to be presented to the pub- vote of a majority of those present that such its members. lic as live coverage, that coverage shall be evidence or testimony may tend to defame, (B) A subpoena duces tecum may specify conducted and presented without commer- degrade, or incriminate any person; and terms of return other than at a meeting or cial sponsorship. (B) the committee shall proceed to receive hearing of the committee or subcommittee (2) The allocation among the television authorizing the subpoena. such testimony in open session only if the media of the positions or the number of tele- (C) Compliance with a subpoena issued by committee, a majority being present, deter- vision cameras permitted by a committee or a committee or subcommittee under sub- mines that such evidence or testimony will subcommittee chairman in a hearing or paragraph (1)(B) may be enforced only as au- not tend to defame, degrade, or incriminate meeting room shall be in accordance with thorized or directed by the House. any person. fair and equitable procedures devised by the In either case the committee shall afford * * * * * Executive Committee of the Radio and Tele- such person an opportunity voluntarily to Audio and visual coverage of committee provision Correspondents’ Galleries. appear as a witness, and receive and dispose ceedings (3) Television cameras shall be placed so as of requests from such person to subpoena ad- not to obstruct in any way the space between 4. (a) The purpose of this clause is to pro- ditional witnesses. a witness giving evidence or testimony and vide a means, in conformity with acceptable any member of the committee or the visi- (6) Except as provided in subparagraph (5), standards of dignity, propriety, and deco- bility of that witness and that member to the chairman shall receive and the com- rum, by which committee hearings or com- each other. mittee shall dispose of requests to subpoena mittee meetings that are open to the public additional witnesses. (4) Television cameras shall operate from may be covered by audio and visual means— fixed positions but may not be placed in posi- (7) Evidence or testimony taken in execu- (1) for the education, enlightenment, and tions that obstruct unnecessarily the cov- tive session, and proceedings conducted in information of the general public, on the erage of the hearing or meeting by the other executive session, may be released or used in basis of accurate and impartial news cov- media. public sessions only when authorized by the erage, regarding the operations, procedures, committee, a majority being present. (5) Equipment necessary for coverage by and practices of the House as a legislative the television and radio media may not be (8) In the discretion of the committee, wit- and representative body, and regarding the nesses may submit brief and pertinent sworn installed in, or removed from, the hearing or measures, public issues, and other matters meeting room while the committee is in ses- statements in writing for inclusion in the before the House and its committees, the record. The committee is the sole judge of sion. consideration thereof, and the action taken (6)(A) Except as provided in subdivision the pertinence of testimony and evidence ad- thereon; and (B), floodlights, spotlights, strobelights, and duced at its hearing. (2) for the development of the perspective flashguns may not be used in providing any (9) A witness may obtain a transcript copy and understanding of the general public with method of coverage of the hearing or meet- of his testimony given at a public session or, respect to the role and function of the House ing. if given at an executive session, when au- under the Constitution as an institution of (B) The television media may install addi- thorized by the committee. the Federal Government. tional lighting in a hearing or meeting room, Supplemental, minority, or additional views (b) In addition, it is the intent of this without cost to the Government, in order to (1) If at the time of approval of a measure clause that radio and television tapes and raise the ambient lighting level in a hearing or matter by a committee (other than the television film of any coverage under this or meeting room to the lowest level nec- Committee on Rules) a member of the com- clause may not be used, or made available essary to provide adequate television cov- mittee gives notice of intention to file sup- for use, as partisan political campaign mate- erage of a hearing or meeting at the current plemental, minority, or additional views for rial to promote or oppose the candidacy of state of the art of television coverage. inclusion in the report to the House thereon, any person for elective public office. (7) In the allocation of the number of still that member shall be entitled to not less (c) It is, further, the intent of this clause photographers permitted by a committee or than two additional calendar days after the that the general conduct of each meeting subcommittee chairman in a hearing or day of such notice (excluding Saturdays, (whether of a hearing or otherwise) covered meeting room, preference shall be given to Sundays, and legal holidays except when the under authority of this clause by audio or photographers from Associated Press Photos House is in session on such a day) to file such visual means, and the personal behavior of and United Press International Newspic- views, in writing and signed by that member, the committee members and staff, other tures. If requests are made by more of the with the clerk of the committee. Government officials and personnel, wit- media than will be permitted by a com- nesses, television, radio, and press media Power to sit and act; subpoena power mittee or subcommittee chairman for cov- personnel, and the general public at the erage of a hearing or meeting by still pho- (m)(1) For the purpose of carrying out any hearing or other meeting, shall be in strict tography, that coverage shall be permitted of its functions and duties under this rule conformity with and observance of the ac- on the basis of a fair and equitable pool ar- and rule X (including any matters referred to ceptable standards of dignity, propriety, rangement devised by the Standing Com- it under clause 2 of rule XII), a committee or courtesy, and decorum traditionally ob- mittee of Press Photographers. subcommittee is authorized (subject to sub- served by the House in its operations, and (8) Photographers may not position them- paragraph (2)(A))— may not be such as to— selves between the witness table and the (A) to sit and act at such times and places (1) distort the objects and purposes of the members of the committee at any time dur- within the United States, whether the House hearing or other meeting or the activities of ing the course of a hearing or meeting. is in session, has recessed, or has adjourned, committee members in connection with that (9) Photographers may not place them- and to hold such hearings as it considers nec- hearing or meeting or in connection with the selves in positions that obstruct unneces- essary; and general work of the committee or of the sarily the coverage of the hearing by the (B) to require, by subpoena or otherwise, House; or other media. the attendance and testimony of such wit- (2) cast discredit or dishonor on the House, (10) Personnel providing coverage by the nesses and the production of such books, the committee, or a Member, Delegate, or television and radio media shall be currently records, correspondence, memoranda, papers, Resident Commissioner or bring the House, accredited to the Radio and Television Cor- and documents as it considers necessary. the committee, or a Member, Delegate, or respondents’ Galleries. (2) The chairman of the committee, or a Resident Commissioner into disrepute. (11) Personnel providing coverage by still member designated by the chairman, may (d) The coverage of committee hearings photography shall be currently accredited to administer oaths to witnesses. and meetings by audio and visual means the Press Photographers’ Gallery.

VerDate Aug 31 2005 04:07 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A06FE7.049 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE H1246 CONGRESSIONAL RECORD — HOUSE February 6, 2007 (12) Personnel providing coverage by the House, or to the reporting of a resolution of the bill or joint resolution in the fiscal year television and radio media and by still pho- inquiry addressed to the head of an executive in which it is reported and in each of the five tography shall conduct themselves and their department. fiscal years following that fiscal year (or for coverage activities in an orderly and unob- (c) All supplemental, minority, or addi- the authorized duration of any program au- trusive manner. tional views filed under clause 2(l) of rule XI thorized by the bill or joint resolution if less Pay of witnesses by one or more members of a committee than five years); shall be included in, and shall be a part of, (B) A comparison of the estimate of costs 5. Witnesses appearing before the House or the report filed by the committee with re- described in subdivision (A) made by the any of its committees shall be paid the same spect to a measure or matter. When time committee with any estimate of such costs per diem rate as established, authorized, and guaranteed by clause 2(l) of rule XI has ex- made by a Government agency and sub- regulated by the Committee on House Ad- pired (or, if sooner, when all separate views mitted to such committee; and ministration for Members, Delegates, the have been received), the committee may ar- (C) When practicable, a comparison of the Resident Commissioner, and employees of range to file its report with the Clerk not total estimated funding level for the rel- the House, plus actual expenses of travel to later than one hour after the expiration of evant programs with the appropriate levels or from the place of examination. Such per such time. This clause and provisions of under current law. diem may not be paid when a witness has clause 2(l) of rule XI do not preclude the im- (3)(A) In subparagraph (2) the term ‘‘Gov- been summoned at the place of examination. mediate filing or printing of a committee re- ernment agency’’ includes any department, * * * * * port in the absence of a timely request for agency, establishment, wholly owned Gov- the opportunity to file supplemental, minor- ernment corporation, or instrumentality of RULE XIII. CALENDARS AND COMMITTEE the Federal Government or the government REPORTS ity, or additional views as provided in clause 2(l) of rule XI. of the District of Columbia. Calendars (B) Subparagraph (2) does not apply to the Content of reports 1. (a) All business reported by committees Committee on Appropriations, the Com- shall be referred to one of the following three 3. (a)(1) Except as provided in subparagraph mittee on House Administration, the Com- calendars: (2), the report of a committee on a measure mittee on Rules, or the Committee on Stand- (1) A Calendar of the Committee of the or matter shall be printed in a single volume ards of Official Conduct, and does not apply Whole House on the state of the Union, to that— when a cost estimate and comparison pre- which shall be referred public bills and pub- (A) shall include all supplemental, minor- pared by the Director of the Congressional lic resolutions raising revenue, involving a ity, or additional views that have been sub- Budget Office under section 402 of the Con- tax or charge on the people, directly or indi- mitted by the time of the filing of the report; gressional Budget Act of 1974 has been in- rectly making appropriations of money or and cluded in the report under paragraph (c)(3). property or requiring such appropriations to (B) shall bear on its cover a recital that (e)(1) Whenever a committee reports a bill be made, authorizing payments out of appro- any such supplemental, minority, or addi- or joint resolution proposing to repeal or priations already made, releasing any liabil- tional views (and any material submitted amend a statute or part thereof, it shall in- ity to the United States for money or prop- under paragraph (c)(3) or (4)) are included as clude in its report or in an accompanying erty, or referring a claim to the Court of part of the report. document— Claims. (2) A committee may file a supplemental (A) the text of a statute or part thereof (2) A House Calendar, to which shall be re- report for the correction of a technical error that is proposed to be repealed; and (B) a comparative print of any part of the ferred all public bills and public resolutions in its previous report on a measure or mat- bill or joint resolution proposing to amend not requiring referral to the Calendar of the ter. A supplemental report only correcting the statute and of the statute or part thereof Committee of the Whole House on the state errors in the depiction of record votes under proposed to be amended, showing by appro- of the Union. paragraph (b) may be filed under this sub- priate typographical devices the omissions (3) A Private Calendar as provided in paragraph and shall not be subject to the requirement in clause 4 concerning the avail- and insertions proposed. clause 5 of rule XV, to which shall be re- (2) If a committee reports a bill or joint ferred all private bills and private resolu- ability of reports. (b) With respect to each record vote on a resolution proposing to repeal or amend a tions. statute or part thereof with a recommenda- (b) There is established a Calendar of Mo- motion to report a measure or matter of a public nature, and on any amendment of- tion that the bill or joint resolution be tions to Discharge Committees as provided amended, the comparative print required by in clause 2 of rule XV. fered to the measure or matter, the total number of votes cast for and against, and the subparagraph (1) shall reflect the changes in Filing and printing of reports names of members voting for and against, existing law proposed to be made by the bill 2. (a)(1) Except as provided in subparagraph shall be included in the committee report. or joint resolution as proposed to be amend- (2), all reports of committees (other than The preceding sentence does not apply to a ed. those filed from the floor as privileged) shall report by the Committee on Rules on a rule, (f)(1) A report of the Committee on Appro- be delivered to the Clerk for printing and ref- joint rule, or the order of business or to priations on a general appropriation bill erence to the proper calendar under the di- votes taken in executive session by the Com- shall include— rection of the Speaker in accordance with mittee on Standards of Official Conduct. (A) a concise statement describing the ef- clause 1. The title or subject of each report (c) The report of a committee on a measure fect of any provision of the accompanying shall be entered on the Journal and printed that has been approved by the committee bill that directly or indirectly changes the in the Congressional Record. shall include, separately set out and clearly application of existing law; and (B) a list of all appropriations contained in (2) A bill or resolution reported adversely identified, the following: the bill for expenditures not previously au- shall be laid on the table unless a committee (1) Oversight findings and recommenda- thorized by law for the period concerned (ex- to which the bill or resolution was referred tions under clause 2(b)(1) of rule X. cept classified intelligence or national secu- requests at the time of the report its referral (2) The statement required by section rity programs, projects, or activities) along to an appropriate calendar under clause I or 308(a) of the Congressional Budget Act of with a statement of the last year for which unless, within three days thereafter, a Mem- 1974, except that an estimate of new budget such expenditures were authorized, the level ber, Delegate, or Resident Commissioner authority shall include, when practicable, a of expenditures authorized for that year, the makes such a request. comparison of the total estimated funding actual level of appropriations in the bill for (b)(1) It shall be the duty of the chairman level for the relevant programs to the appro- such expenditures. of each committee to report or cause to be priate levels under current law. (2) Whenever the Committee on Appropria- reported promptly to the House a measure or (3) An estimate and comparison prepared tions reports a bill or joint resolution includ- matter approved by the committee and to by the Director of the Congressional Budget ing matter specified in clause 1 (b)(2) or (3) of take or cause to be taken steps necessary to Office under section 402 of the Congressional rule X, it shall include— bring the measure or matter to a vote. Budget Act of 1974 if timely submitted to the (A) in the bill or joint resolution, separate (2) In any event, the report of a committee committee before the filing of the report. headings for ‘‘Rescissions’’ and ‘‘Transfers of on a measure that has been approved by the (4) A statement of general performance Unexpended Balances’’ and committee shall be filed within seven cal- goals and objectives, including outcome-re- (B) in the report of the committee, a sepa- endar days (exclusive of days on which the lated goals and objectives, for which the rate section listing such rescissions and House is not in session) after the day on measure authorizes funding. transfers. which a written request for the filing of the (d) Each report of a committee on a public (g) Whenever the Committee on Rules re- report, signed by a majority of the members bill or public joint resolution shall contain ports a resolution proposing to repeal or of the committee, has been filed with the the following: amend a standing rule of the House, it shall clerk of the committee. The clerk of the (1) A statement citing the specific powers include in its report or in an accompanying committee shall immediately notify the granted to Congress in the Constitution to document— chairman of the filing of such a request. This enact the law proposed by the bill or joint (1) the text of any rule or part thereof that subparagraph does not apply to a report of resolution. is proposed to be repealed; and the Committee on Rules with respect to a (2)(A) An estimate by the committee of the (2) a comparative print of any part of the rule, joint rule, or order of business of the costs that would be incurred in carrying out resolution proposing to amend the rule and

VerDate Aug 31 2005 03:14 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A06FE7.050 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE February 6, 2007 CONGRESSIONAL RECORD — HOUSE H1247 of the rule or part thereof proposed to be have its hearings thereon (if any) printed Amendments amended, showing by appropriate typo- and available for distribution to Members, 6. When an amendable proposition is under graphical devices the omissions and inser- Delegates, and the Resident Commissioner consideration, a motion to amend and a motions proposed. before the consideration of the measure or tion to amend that amendment shall be in (h)(1) It shall not be in order to consider a matter in the House. order, and it also shall be in order to offer a bill or joint resolution reported by the Com- (c) A general appropriation bill reported by further amendment by way of substitute for mittee on Ways and Means that proposes to the Committee on Appropriations may not the original motion to amend, to which one amend the Internal Revenue Code of 1986 unbe considered in the House until the third amendment may be offered but which may less— calendar day (excluding Saturdays, Sundays, not be voted on until the original amend- (A) the report includes a tax complexity and legal holidays except when the House is ment is perfected. An amendment may be analysis prepared by the Joint Committee on in session on such a day) on which printed withdrawn in the House at any time before a Internal Revenue Taxation in accordance hearings of the Committee on Appropria- decision or amendment thereon. An amend- with section 4022(b) of the Internal Revenue tions thereon have been available to Mem- ment to the title of a bill or resolution shall Service Restructuring and Reform Act of bers, Delegates, and the Resident Commis- not be in order until after its passage or 1998; or sioner. adoption and shall be decided without de- (B) the chairman of the Committee on * * * * * bate. Ways and Means causes such a tax com- Germaneness plexity analysis to be printed in the Congres- RULE XVI. MOTIONS AND AMENDMENTS sional Record before consideration of the bill Motions 7. No motion or proposition on a subject or joint resolution. 1. Every motion entertained by the Speak- different from that under consideration shall (2)(A) It shall not be in order to consider a er shall be reduced to writing on the demand be admitted under color of amendment. bill or joint resolution reported by the Com- of a Member, Delegate, or Resident Commis- Readings mittee on Ways and Means that proposes to sioner and, unless it is withdrawn the same 8. Bills and joint resolutions are subject to amend the Internal Revenue Code of 1986 un- day, shall be entered on the Journal with the readings as follows: less— name of the Member, Delegate, or Resident (a) A first reading is in full when the bill (i) the report includes a macroeconomic Commissioner offering it. A dilatory motion or joint resolution is first considered. impact analysis; may not be entertained by the Speaker. (b) A second reading occurs only when the (ii) the report includes a statement from Withdrawal bill or joint resolution is read for amend- the Joint Committee on Internal Revenue 2. When a motion is entertained, the ment in a Committee of the Whole House on Taxation explaining why a macroeconomic Speaker shall state it or cause it to be read the state of the Union under clause 5 of rule impact analysis is not calculable; or aloud by the Clerk before it is debated. The XVIII. (iii) the chairman of the Committee on motion then shall be in the possession of the (c) A third reading precedes passage when Ways and Means causes a macroeconomic House but may be withdrawn at any time be- the Speaker states the question: ‘‘Shall the impact analysis to be printed in the Congres- fore a decision or amendment thereon. bill [or joint resolution] be engrossed [ when sional Record before consideration of the bill applicable] and read a third time?’’ If that Question of consideration or joint resolution. question is decided in the affirmative, then (B) In subdivision (A), the term ‘‘macro- 3. When a motion or proposition is enter- the bill or joint resolution shall be read the economic impact analysis’’ means— tained, the question, ‘‘Will the House now final time by title and then the question (i) an estimate prepared by the Joint Com- consider it?’’ may not be put unless de- shall be put on its passage. manded by a Member, Delegate, or Resident mittee on Internal Revenue Taxation of the * * * * * changes in economic output, employment, Commissioner. capital stock, and tax revenues expected to Precedence of motions RULE XIX. MOTIONS FOLLOWING THE result from enactment of the proposal; and 4. (a) When a question is under debate, only AMENDMENT STAGE (ii) a statement from the Joint Committee the following motions may be entertained Previous question on Internal Revenue Taxation identifying (which shall have precedence in the fol- 1. (a) There shall be a motion for the pre- the critical assumptions and the source of lowing order): vious question, which, being ordered, shall data underlying that estimate. (1) To adjourn. have the effect of cutting off all debate and Availability of reports (2) To lay on the table. bringing the House to a direct vote on the (3) For the previous question. immediate question or questions on which it 4. (a)(1) Except as specified in subpara- (4) To postpone to a day certain. graph (2), it shall not be in order to consider has been ordered. Whenever the previous (5) To refer. question has been ordered on an otherwise in the House a measure or matter reported (6) To amend. debatable question on which there has been by a committee until the third calendar day (7) To postpone indefinitely. (excluding Saturdays, Sundays, or legal holi- (b) A motion to adjourn, to lay on the no debate, it shall be in order to debate that days except when the House is in session on table, or for the previous question shall be question for 40 minutes, equally divided and such a day) on which each report of a com- decided without debate. A motion to post- controlled by a proponent of the question mittee on that measure or matter has been pone to a day certain, to refer, or to post- and an opponent. The previous question may available to Members, Delegates, and the pone indefinitely, being decided, may not be be moved and ordered on a single question, Resident Commissioner. allowed again on the same day at the same on a series of questions allowable under the (2) Subparagraph (1) does not apply to— stage of the question. rules, or on a amendment or amendments, or (A) a resolution providing a rule, joint (c)(1) It shall be in order at any time for may embrace all authorized motions or rule, or order of business reported by the the Speaker, in his discretion, to entertain a amendments and include the bill or resolu- Committee on Rules considered under clause motion— tion to its passage, adoption, or rejection. 6; (A) that the Speaker be authorized to de- (b) Incidental questions of order arising (B) a resolution providing amounts from clare a recess; or during the pendency of a motion for the pre- the applicable accounts described in clause 1 (B) that when the House adjourns it stand vious question shall be decided, whether on (i)( 1) of rule X reported by the Committee adjourned to a day and time certain. appeal or otherwise, without debate. on House Administration considered under (2) Either motion shall be of equal privi- Recommit clause 6 of rule X; lege with the motion to adjourn and shall be 2. (a) After the previous question has been (C) a resolution presenting a question of decided without debate. ordered on passage or adoption of a measure, the privileges of the House reported by any Divisibility or pending a motion to that end, it shall be committee; 5. (a) Except as provided in paragraph (b), in order to move that the House recommit (D) a measure for the declaration of war, or a question shall be divided on the demand of (or commit, as the case may be) the measure, the declaration of a national emergency, by a Member, Delegate, or Resident Commis- with or without instructions, to a standing Congress; and sioner before the question is put if it in- or select committee. For such a motion to (E) a measure providing for the disapproval cludes propositions so distinct in substance recommit, the Speaker shall give preference of a decision, determination, or action by a that, one being taken away, a substantive in recognition to a Member, Delegate, or Government agency that would become, or proposition remams. Resident Commissioner who is opposed to continue to be, effective unless disapproved (b)(1) A motion or resolution to elect mem- the measure. or otherwise invalidated by one or both bers to a standing committee of the House, (b) Except as provided in paragraph (c), if Houses of Congress. In this subdivision the or to a joint standing committee, is not di- a motion that the House recommit a bill or term ‘‘Government agency’’ includes any de- visible. joint resolution on which the previous ques- partment, agency, establishment, wholly (2) A resolution or order reported by the tion has been ordered to passage includes in- owned Government corporation, or instru- Committee on Rules providing a special structions, it shall be debatable for 10 min- mentality of the Federal Government or of order of business is not divisible. utes equally divided between the proponent the government of the District of Columbia. (c) A motion to strike and insert is not di- and an opponent. (b) A committee that reports a measure or visible, but rejection of a motion to strike (c) On demand of the floor manager for the matter shall make every reasonable effort to does not preclude another motion to amend. majority, it shall be in order to debate the

VerDate Aug 31 2005 03:14 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A06FE7.057 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE H1248 CONGRESSIONAL RECORD — HOUSE February 6, 2007 motion for one hour equally divided and con- law for the period of the limitation or pro- by increases the amount of tax imposed by trolled by the proponent and an opponent. posing germane amendments that retrench any such section. Reconsideration expenditures by reductions of amounts of Consideration of retroactive tax rate increases money covered by the bill may be consid- 3. When a motion has been carried or lost, (c) It shall not be in order to consider a ered. bill, joint resolution, amendment, or con- it shall be in order on the same or succeeding (e) A provision other than an appropriation ference report carrying a retroactive Federal day for a Member on the prevailing side of designated an emergency under section income tax rate increase. In this paragraph— the question to enter a motion for the recon- 251(b)(2) or section 252(e) of the Balanced (1) the term ‘‘Federal income tax rate in- sideration thereof. The entry of such a mo- Budget and Emergency Deficit Control Act, crease’’ means any amendment to subsection tion shall take precedence over all other a rescission of budget authority, or a reduc- (a), (b), (c), (d), or (e) of section 1, or to sec- questions except the consideration of a con- tion in direct spending or an amount for a tion 11(b) or 55(b), of the Internal Revenue ference report or a motion to adjourn, and designated emergency may not be reported Code of 1986, that imposes a new percentage may not be withdrawn after such succeeding in an appropriation bill or joint resolution as a rate of tax and thereby increases the day without the consent of the House. Once containing an emergency designation under amount of tax imposed by any such section; entered, a motion may be called up for con- section 251(b)(2) or section 252(e) of such Act and sideration by any Member. During the last and may not be in order as an amendment (2) a Federal income tax rate increase is six days of a session of Congress, such a mo- thereto. tion shall be disposed of when entered. (f) During the reading of an appropriation retroactive if it applies to a period beginning 4. A bill, petition, memorial, or resolution bill for amendment in the Committee of the before the enactment of the provision. referred to a committee, or reported there- Whole House on the state of the Union, it Designation of public works from for printing and recommitment, may shall be in order to consider en bloc amend- 6. It shall not be in order to consider a bill, not be brought back to the House on a moments proposing only to transfer appropria- joint resolution, amendment, or conference tion to reconsider. tions among objects in the bill without in- report that provides for the designation or * * * * * creasing the levels of budget authority or redesignation of a public work in honor of an outlays in the bill. When considered en bloc RULE XXI. RESTRICTIONS ON CERTAIN BILLS individual then serving as a Member, Dele- under this paragraph, such amendments may gate, Resident Commissioner, or Senator. Reservation of certain points of order amend portions of the bill not yet read for Reconciliation 1. At the time a general appropriation bill amendment (following disposition of any 7. It shall not be in order to consider a con- is reported, all points of order against provi- points of order against such portions) and is current resolution on the budget, or an sions therein shall be considered as reserved. not subject to a demand for division of the amendment thereto, or a conference report question in the House or in the Committee of General appropriation bills and amendments thereon that contains reconciliation direc- the Whole. 2. (a)(1) An appropriation may not be re- tives under section 310 of the Congressional ported in a general appropriation bill, and Transportation obligation limitations Budget Act of 1974 that specify changes in may not be in order as an amendment there- 3. It shall not be in order to consider a bill, law reducing the surplus or increasing the to, for an expenditure not previously author- joint resolution, amendment, or conference deficit for either the period comprising the ized by law, except to continue appropria- report that would cause obligation limita- current fiscal year and the five fiscal years tions for public works and objects that are tions to be below the level for any fiscal year beginning with the fiscal year that ends in already in progress. set forth in section 8103 of the Transpor- the following calendar year. In determining (2) A reappropriation of unexpended bal- tation Equity Act for the 21st Century, as whether reconciliation directives specify ances of appropriations may not be reported adjusted, for the highway category or the changes in law reducing the surplus or in- in a general appropriation bill, and may not mass transit category, as applicable. creasing the deficit, the sum of the direc- be in order as an amendment thereto, except Appropriations on legislative bills tives for each reconciliation bill (under sec- to continue appropriations for public works 4. A bill or joint resolution carrying an ap- tion 310 of the Congressional Budget Act of and objects that are already in progress. propriation may not be reported by a com- 1974) envisioned by that measure shall be This subparagraph does not apply to trans- mittee not having jurisdiction to report ap- evaluated. fers of unexpended balances within the de- propriations, and an amendment proposing Applying points of order under Budget Act to partment or agency for which they were an appropriation shall not be in order during bills and joint resolutions considered under originally appropriated that are reported by the consideration of a bill or joint resolution special rules the Committee on Appropriations. reported by a committee not having that ju- 8. With respect to measures considered pur- (b) A provision changing existing law may risdiction. A point of order against an appro- not be reported in a general appropriation suant to a special order of business, points of priation in such a bill, joint resolution, or order under title III of the Congressional bill, including a provision making the avail- amendment thereto may be raised at any ability of funds contingent on the receipt or Budget Act of 1974 shall operate without re- time during pendency of that measure for gard to whether the measure concerned has possession of information not required by ex- amendment. isting law for the period of the appropria- been reported from committee. Such points Tax and tariff measures and amendments tion, except germane provisions that re- of order shall operate with respect to (as the trench expenditures by the reduction of 5. (a)(1) A bill or joint resolution carrying case may be)— amounts of money covered by the bill (which a tax or tariff measure may not be reported (a) the form of a measure recommended by may include those recommended to the Com- by a committee not having jurisdiction to the reporting committee where the statute mittee on Appropriations by direction of a report tax or tariff measures, and an amend- uses the term ‘‘as reported’’ (in the case of a legislative committee having jurisdiction ment in the House or proposed by the Senate measure that has been so reported); over the subject matter) and except rescis- carrying a tax or tariff measure shall not be (b) the form of the measure made in order sions of appropriations contained in appro- in order during the consideration of bill or as an original bill or joint resolution for the priation Acts. joint resolution reported by a committee not purpose of amendment; or (c) the form of the measure on which the (c) An amendment to a general appropria- having that jurisdiction. A point of order previous question is ordered directly to pas- tion bill shall not be in order if changing ex- against a tax or tariff measure in such a bill, sage. isting law, including an amendment making joint resolution, or amendment thereto may the availability of funds contingent on the be raised at any time during pendency of Point of order against congressional earmarks receipt or possession of information not re- that measure for amendment. 9. (a) It shall not be in order to consider— quired by existing law for the period of the (2) For purposes of paragraph (1), a tax or (l) a bill or joint resolution reported by a appropriation. Except as provided in para- tariff measure includes an amendment pro- committee unless the report includes a list graph (d), an amendment proposing a limita- posing a limitation on funds in a general ap- of congressional earmarks, limited tax bene- tion not specifically contained or authorized propriation bill for the administration of a fits, and limited tariff benefits in the bill or in existing law for the period of the limita- tax or tariff. in the report (and the name of any Member, tion shall not be in order during consider- Passage of tax rate increases Delegate, or Resident Commissioner who ation of a general appropriation bill. (b) A bill or joint resolution, amendment, submitted a request to the committee for (d) After a general appropriation bill has or conference report carrying a Federal in- each respective item included in such list) or been read for amendment, a motion that the come tax rate increase may not be consid- a statement that the proposition contains no Committee of the Whole House on the state ered as passed or agreed to unless so deter- congressional earmarks, limited tax bene- of the Union rise and report the bill to the mined by a vote of not less than three-fifths fits, or limited tariff benefits; House with such amendments as may have of the Members voting, a quorum being (2) a bill or joint resolution not reported by been adopted shall, if offered by the Majority present. In this paragraph the term ‘‘Federal a committee unless the chairman of each Leader or a designee, have precedence over income tax rate increase’’ means any amend- committee of initial referral has caused a motions to amend the bill. If such a motion ment to subsection (a), (b), (c), (d), or (e) of list of congressional earmarks, limited tax to rise and report is rejected or not offered, section 1, or to section 11(b) or 55(b), of the benefits, and limited tariff benefits in the amendments proposing limitations not spe- Internal Revenue Code of 1986, that imposes bill (and the name of any Member, Delegate, cifically contained or authorized in existing a new percentage as a rate of tax and there- or Resident Commissioner who submitted a

VerDate Aug 31 2005 03:14 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A06FE7.053 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE February 6, 2007 CONGRESSIONAL RECORD — HOUSE H1249 request to the committee for each respective nent transition relief from a change to the (C) that papers reflecting a conference item included in such list) or a statement Internal Revenue Code of 1986. agreement are held inviolate to change with- that the proposition contains no congres- (f) For the purpose of this clause, the term out renewal of the opportunity of all man- sional earmarks, limited tax benefits, or lim- ‘‘limited tariff benefit’’ means a provision agers on the part of the House to reconsider ited tariff benefits to be printed in the Con- modifying the Harmonized Tariff Schedule of their decisions to sign or not to sign the gressional Record prior to its consideration; the United States in a manner that benefits agreement. (3) an amendment to a bill or joint resolu- 10 or fewer entities. (4) Managers on the part of the House shall tion to be offered at the outset of its consid- 10. It shall not be in order to consider any be provided a unitary time and place with eration for amendment by a member of a bill, joint resolution, amendment, or con- access to at least one complete copy of the committee of initial referral as designated in ference report if the provisions of such meas- final conference agreement for the purpose a report of the Committee on Rules to ac- ure affecting direct spending and revenues of recording their approval (or not) of the company a resolution prescribing a special have the net effect of increasing the deficit final conference agreement by placing their order of business unless the proponent has or reducing the surplus for either the period signatures (or not) on the sheets prepared to caused a list of congressional earmarks, lim- comprising the current fiscal year and the accompany the conference report and joint ited tax benefits, and limited tariff benefits five fiscal years beginning with the fiscal explanatory statement of the managers. in the amendment (and the name of any year that ends in the following calendar year 13. It shall not be in order to consider a Member, Delegate, or Resident Commis- or the period comprising the current fiscal conference report the text of which differs in sioner who submitted a request to the pro- year and the ten fiscal years beginning with any way, other than clerical, from the text ponent for each respective item included in the fiscal year that ends in the following cal- that reflects the action of the conferees on such list) or a statement that the propo- endar year. The effect of such measure on all of the differences between the two sition contains no congressional earmarks, the deficit or surplus shall be determined on Houses, as recorded by their placement of limited tax benefits, or limited tariff bene- the basis of estimates made by the Com- their signatures (or not) on the sheets pre- fits to be printed in the Congressional mittee on the Budget relative to— pared to accompany the conference report Record prior to its consideration; or (a) the most recent baseline estimates sup- and joint explanatory statement of the man- (4) a conference report to accompany a bill plied by the Congressional Budget Office agers. or joint resolution unless the joint explana- consistent with section 257 of the Balanced RULE XXVII. STATUTORY LIMIT ON PUBLIC DEBT tory statement prepared by the managers on Budget and Emergency Deficit Control Act 1. Upon adoption by Congress of a concur- the part of the House and the managers on of 1985 used in considering a concurrent reso- rent resolution on the budget under section the part of the Senate includes a list of con- lution on the budget; or 301 or 304 of the Congressional Budget Act of gressional earmarks, limited tax benefits, (b) after the beginning of a new calendar 1974 that sets forth, as the appropriate level and limited tariff benefits in the conference year and before consideration of a concur- of the public debt for the period to which the report or joint statement (and the name of rent resolution on the budget, the most re- concurrent resolution relates, an amount any Member, Delegate, Resident commis- cent baseline estimates supplied by the Con- that is different from the amount of the stat- sioner, or Senator who submitted a request gressional Budget Office consistent with sec- utory limit on the public debt that otherwise to the House or Senate committees of juris- tion 257 of the Balanced Budget and Emer- would be in effect for that period, the Clerk diction for each respective item included in gency Deficit Control Act of 1985. shall prepare an engrossment of a joint reso- such list) or a statement that the propo- RULE XXII. HOUSE AND SENATE RELATIONS lution increasing or decreasing, as the case sition contains no congressional earmarks, * * * * * may be, the statutory limit on the public limited tax benefits, or limited tariff bene- 11. It shall not be in order to consider a debt in the form prescribed in clause 2. Upon fits. conference report to accompany a bill or engrossment of the joint resolution, the vote (b) It shall not be in order to consider a joint resolution that proposes to amend the by which the concurrent resolution on the rule or order that waives the application of Internal Revenue Code of 1986 unless— budget was finally agreed to in the House paragraph (a). As disposition of a point of (a) the joint explanatory statement of the shall also be considered as a vote on passage order under this paragraph, the Chair shall managers includes a tax complexity analysis of the joint resolution in the House, and the put the question of consideration with re- prepared by the Joint Committee on Internal joint resolution shall be considered as passed spect to the rule or order that waives the ap- Revenue Taxation in accordance with sec- by the House and duly certified and exam- plication of paragraph (a). The question of tion 4022(b) of the Internal Revenue Service ined. The engrossed copy shall be signed by consideration shall be debatable for 10 min- Restructuring and Reform Act of 1998; or the Clerk and transmitted to the Senate for utes by the Member initiating the point of (b) the chairman of the Committee on further legislative action. order and for 10 minutes by an opponent, but Ways and Means causes such a tax com- 2. The matter after the resolving clause in shall otherwise be decided without inter- plexity analysis to be printed in the Congres- a joint resolution described in clause 1 shall vening motion except one that the House ad- sional Record before consideration of the be as follows: ‘‘That subsection (b) of section journ. conference report. 3101 of title 31, United States Code, is amend- (c) In order to be cognizable by the Chair, 12. (a)(1) Subject to subparagraph (2), a ed by striking out the dollar limitation con- a point of order raised under paragraph (a) meeting of each conference committee shall tained in such subsection and inserting in may be based only on the failure or a report, be open to the public. lieu thereof ‘$ll’.’’, with the blank being submission to the Congressional Record, or (2) In open session of the House, a motion filled with a dollar limitation equal to the joint explanatory statement to include a list that managers on the part of the House be appropriate level of the public debt set forth required by paragraph (a) or a statement permitted to close to the public a meeting or pursuant to section 301(a)(5) of the Congres- that the proposition contains no congres- meetings of their conference committee sional Budget Act of 1974 in the relevant con- sional earmarks, limited tax benefits, or lim- shall be privileged, shall be decided without current resolution described in clause 1. If an ited tariff benefits. debate, and shall be decided by a record vote. adopted concurrent resolution under clause 1 (d) For the purpose of this clause, the term (b) A point of order that a conference com- sets forth different appropriate levels of the ‘‘congressional earmark’’ means a provision mittee failed to comply with paragraph (a) public debt for separate periods, only one en- or report language included primarily at the may be raised immediately after the con- grossed joint resolution shall be prepared request of a Member, Delegate, Resident ference report is read or considered as read. under clause 1; and the blank referred to in Commissioner, or Senator providing, author- If such a point of order is sustained, the con- the preceding sentence shall be filled with izing or recommending a specific amount of ference report shall be considered as re- the limitation that is to apply for each pe- discretionary budget authority, credit au- jected, the House shall be considered to have riod. thority, or other spending authority for a insisted on its amendments or on disagree- 3. (a) The report of the Committee on the contract, loan, loan guarantee, grant, loan ment to the Senate amendments, as the case Budget on a concurrent resolution described authority, or other expenditure with or to may be, and to have requested a further con- in clause 1 and the joint explanatory state- any entity, or targeted to a specific State, ference with the Senate, and the Speaker ment of the managers on a conference report locality or Congressional district, other than may appoint new conferees without inter- to accompany such a concurrent resolution through a statutory or administrative for- vening motion. each shall contain a clear statement of the mula-driven or competitive award process. (3) In conducting conferences with the Sen- effect the eventual enactment of a joint res- (e) For the purpose of this clause, the term ate, managers on the part of the House olution engrossed under this rule would have ‘‘limited tax benefit’’ means— should endeavor to ensure— on the statutory limit on the public debt. (1) any revenue-losing provision that— (A) that meetings for the resolution of dif- (b) It shall not be in order for the House to (A) provides a Federal tax deduction, cred- ferences between the two Houses occur only consider a concurrent resolution described in it, exclusion, or preference to 10 or fewer under circumstances in which every manager clause 1, or a conference report thereon, un- beneficiaries under the Internal Revenue on the part of the House has notice of the less the report of the Committee on the Code of 1986, and meeting and a reasonable opportunity to at- Budget or the joint explanatory statement of (B) contains eligibility criteria that are tend; the managers complies with paragraph a). not uniform in application with respect to (B) that all provisions on which the two 4. Nothing in this rule shall be construed potential beneficiaries of such provision; or Houses disagree are considered as open to as limiting or otherwise affecting— (2) any Federal tax provision which pro- discussion at any meeting of a conference (a) the power of the House or the Senate to vides one beneficiary temporary or perma- committee; and consider and pass bills or joint resolutions,

VerDate Aug 31 2005 03:14 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A06FE7.054 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE H1250 CONGRESSIONAL RECORD — HOUSE February 6, 2007 without regard to the procedures under tax cuts are good for this economy; That is rather impressive. And in the clause 1, that would change the statutory they are always good for the economy. period between 2004 and 2006, Federal limit on the public debt; or The more money that we leave in the tax revenues rose the largest margin in (b) the rights of Members, Delegates, the hands and the pockets of our tax- nearly 40 years, not because we had Resident Commissioner, or committees with respect to the introduction, consideration, payers, the better off we are. When the raised taxes, but because we had low- and reporting of such bills or joint resolu- government appropriates that money ered taxes. In addition to that, the def- tions. and spends it, the government is very icit has been cut in half 2 years early, 5. In this rule the term ‘‘statutory limit on inefficient in its spending of that or ahead of schedule. That is good news the public debt’’ means the maximum face money, and that does not grow the for Americans. I think that is the type amount of obligations issued under author- economy, contrary to what many of of leadership that America is looking ity of chapter 31 of title 31, United States our colleagues on the other side of the for. Code, and obligations guaranteed as to prin- aisle would like to say. If you look at the way you balance a cipal and interest by the United States (ex- budget, like a small business does back cept such guaranteed obligations as may be We are going to talk again more and held by the Secretary of the Treasury), as more about the economy and the fact in east Tennessee, or a family sitting determined under section 3101(b) of such title that it is in very good shape. And it is around the kitchen table, and they after the application of section 3101(a) of very unfortunate that the economy have a small budget, their budget is such title, that may be outstanding at any- doesn’t get the positive press that the tight, they are trying to decide what one time. economy has gotten under Democratic they need to do, they have to decide, do * * * * * Presidents, when in fact most of the you cut what you spend or do you bring time the results of the good economy in additional revenue. And most people f are coming from a Republican Con- understand, as they sit around their b 1500 gress, which knows how to do things in kitchen table, you have to hold the line OFFICIAL TRUTH SQUAD terms of growing the economy. on spending; you can’t spend more than I would like to recognize now my col- you make, unlike government. The SPEAKER pro tempore. Under league from Tennessee, who is here to I am excited about a good starting the Speaker’s announced policy of Jan- make a presentation on this issue, also. point that we see from the President in uary 18, 2007, the gentlewoman from I know that he will bring some enlight- his budget. It calls for making the 2001– North Carolina (Ms. FOXX) is recog- ened points to the discussion. 2003 tax relief provisions permanent. I nized for 60 minutes as the designee of Mr. DAVID DAVIS of Tennessee. think that is exactly what the Amer- the minority leader. Thank you, Ms. FOXX. I appreciate ican people want. And if we do that, Ms. FOXX. Mr. Speaker, the gen- your leadership and your friendship the administration projects total rev- tleman from Georgia (Mr. PRICE) works just across the mountain in North enue to grow an average of 5.4 percent very hard on organizing our Truth Carolina from Tennessee. And thank per year. The way we maintain this Squad and making sure that we are you, Mr. Speaker, for allowing me to healthy economy that we have today is getting the word out about what needs speak today. keep tax cuts permanent; that is what to be gotten out in terms of the issues It is an interesting time in America; the American people want us to do. that are important, I think, to the things are going well in the economy. We really have a simple choice, Mr. American people. We are going to talk It is going well because Americans are Speaker: we have the choice between a about the economy and what is hap- working hard. I grew up in an era of bigger economy or bigger government. pening to the economy in the United politics looking back at Ronald And I really believe that if we look for- States, and I want to talk a little bit Reagan, who was a great President. ward, what the American people want about that to begin with until Mr. And as we all know, his birthday is is us to hold the line on spending, hold PRICE gets here, and I probably will today. If you go back 96 years ago was the line on increasing the taxes and recognize my colleague from Ten- the date of his birth. And one of his allow the economy to work the way it nessee, who is also here to speak on quotes was, We don’t have a trillion has worked in the past and the way it this issue, and ask him if he would dollar debt because we haven’t taxed is working today. share some comments. enough, we have a trillion dollar debt We also need to work very hard to The first thing I want to say is that because we spend too much. And I make sure that we hold the line not our economy is in wonderful, wonderful think that is a good starting point as only on spending, but we need to take shape. It is the best economy that we we look towards our economy and how a good strong look in a bipartisan way have had in this country for many, we run this Congress and how we work at reducing earmarks. I think we need many years. Now, a major reason that for the people across America. to pass the line item veto. And if we do the economy is in such great shape is Revenues are coming in at a record that, it will allow the President to because of the tax cuts of 2001 and 2003. pace. If we continue the pace that we have better control of how tax dollars I was not here when those tax cuts are at now, we will actually be able to are spent. were passed, but I am very pleased that balance our budget by the year 2012 I would also like to see a biennial they were passed and that they brought without raising taxes; and I think that budget process where we can actually about such a positive economy for this is exactly what the American people sit back and let this House and this country. We have the lowest unemploy- would like to see. I think they want us Congress take a breathing period from ment rate that we have had in 50 years. to hold the line on spending, I think every other year and to find out if We have growth in all sectors. We have they want a pro-growth economy, and what we are doing works. And back in more people owning their homes than they want a good, sound financial pol- Tennessee, as State legislature, I was a have ever owned them before. Incomes icy. State representative for 8 years, we are up and revenues are up. If you look at the Congressional had a balanced budget amendment in And I want to say something about Budget Office, the CBO, which is non- our constitution. We couldn’t spend revenues, using some information from partisan, it confirmed just last week more than we brought in. And I signed the Heritage Foundation. Tax revenues that tax cuts of 2003 have helped boost on as a cosponsor to House Joint Reso- in 2006 were 18.4 percent of gross do- our Federal revenues by 68 percent. lution 1, which calls for a balanced mestic product, which is above the 20- That is good news. There are other sig- budget amendment right here at the year, 40-year and 60-year historical nals that keeping taxes low, coupled Federal level. I think that is exactly averages. The inflation-adjusted 20 per- with fiscal restraint and economic what the American people are looking cent tax revenue increase between 2004 growth, help move us forward and help for. and 2006 represents the largest 2-year us balance our budget; and we can do And, again, going back to what Ron- revenue surge since 1965 and 1967. that and take care of that deficit that ald Reagan had to say, just to reit- There is a myth out there that tax we have. erate, President Reagan said: ‘‘We revenues are low. Tax revenues are ac- If you look at some other statistics don’t have a trillion dollar debt be- tually above the historical average, that are vitally important, our econ- cause we haven’t taxed enough, we even after the tax cuts. We know that omy has grown for 21 straight quarters. have a trillion dollar debt because we

VerDate Aug 31 2005 03:14 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A06FE7.056 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE February 6, 2007 CONGRESSIONAL RECORD — HOUSE H1251 spend too much.’’ And if we can re- which I will enter into the RECORD. But lican Party organizers could force all member that in this body and over in I want to read the beginning of this ar- Democrats and Independents to become the Senate and we pass a good balanced ticle from the Wall Street Journal be- Republicans and pay dues to the party budget that would take care of the def- cause I think it is so pertinent. It says: if a majority of voters signed Repub- icit without raising taxes, I think the ‘‘Why is the new Congress in such a lican cards. That’s free choice?’’ American people would be very hurry to take away workers’ right to The final proof that this bill is about pleased. vote?’’ It seems extraordinary, but the union power and not worker choice is Ms. FOXX. I thank Mr. DAVIS, the so-called Employee Free Choice Act is revealed by its treatment of the flip gentleman from Tennessee, for his re- right there near the top of the Demo- side of unionization: decertification marks. And I appreciate his being in- crats’ agenda. This legislation replaces elections. These are secret ballot elec- volved and sharing some information government-sponsored secret ballot tions in which workers get to decide with us that is so important. This is elections for union representation with that they have had enough of the his first term, and he has done a won- a public card-signing system. union. Under the Employee Free derful job. One of the reasons that union mem- Choice, can a majority of workers de- He is my neighbor to the west. His bership is down so much in this coun- certify the union by signing a card? district in Tennessee joins the 5th Dis- try is because of the abuses of the Not on your life. Here, unions want the trict in North Carolina. We both live in unions, and also because our economy chance to engage in a campaign to give a wonderful, wonderful place. Every is so good. And, again, I think that workers both sides of the story and time somebody speaks to me about Representative PRICE is going to talk maybe do a better job of representing where I live, they say, what a beautiful more about the economy. I mentioned them before the union’s fate is decided place you live in, and I feel that way earlier that it is the best that it has by a secret ballot vote. about it. And I want to say that it is a ever been in terms of wages, in terms Again, the hypocrisy is absolutely great honor to serve in Congress, but I of income and wages and homeowner- mind-boggling, and is just one more ex- can tell you that my feet are planted ship and the burden that we place on ample. We have bills called one thing very firmly on the ground in the 5th the American people from the govern- and they do another. It just goes on District of North Carolina, and I don’t ment. But people don’t need to join and on and on. But I think it is very ever forget where I came from and the unions like they needed to 125 years important that we point out this par- people that I represent. ago or so. We did have abuses in this ticular hypocrisy, because the title of I want to talk a little bit on this country by employers, and I am very this bill, the Employee Free Choice issue about the economy that Mr. sorry about that, but those abuses Act, is I think particularly egregious in this respect. PRICE set up today for the Truth don’t go on anymore, and people are Mr. Speaker, I yield back my time. Squad. And I know he is going to be finding out they don’t have to belong here probably very shortly, and when [From the Wall Street Journal Online, Feb. to unions. 2, 2007] he does I am going to yield back to the But the Democrats, who are so be- ABROGATING WORKERS’ RIGHTS Chair and hope that the Chair will rec- holden to unions, want to take the (By Lawrence B. Lindsey) ognize him so that he can continue this right of a secret ballot, which is so fun- Why is the new Congress in such a hurry to discussion. damental to us in this country, and I want to talk a little bit today about take away workers’ right to vote? It seems which they argue for on this floor for extraordinary, but the so-called ‘‘Employee the economy and an egregious situa- voters, and they want to take it away Free Choice Act’’ is right there near the top tion that we are facing here in the Con- from union members or people who are of the Democrats’ agenda. This legislation gress as it deals with unions. I have thinking about forming a union. And I, replaces government-sponsored secret ballot come to the floor several times in this again, want to make some quotes, be- elections for union representation with a session and talked about what I con- cause this article is so excellent. public card-signing system. sider the hypocrisy that is going on in Under the act, once a union gets a major- Most important, it is totally unrea- ity of the workers to sign a card expressing this Congress by the majority party. sonable to deny all 140 million Amer- a desire for a union, that union is automati- We are having black called white and ican workers the right to a secret bal- cally certified as the bargaining representa- white called black in terms of pieces of lot election because some employers tive of, and empowered to negotiate on be- things on the paper. It is astonishing to break the law. Yes, occasionally some- half of, all workers. In the 28 states that do me the hypocrisy that is going on. And body may not do what they are sup- not have right-to-work laws, all employees I think there is probably no more posed to do. Not only is such a remedy would typically end up having to join the greater piece of hypocrisy than this so- union or pay the equivalent of union dues disproportionate, it is counter- whether or not they signed the card. More- called Employee Free Choice Act which productive. If one goal is worker em- over, under the act, the bargaining process has been introduced by the Democrats. powerment, how can a worker be better would be shortened, with mandatory use of It deals with the ability for unions to off if both his employer and his pro- the Federal Mediation service after 90 days twist people’s arms to get them into spective union boss know his views on and an imposed contract through binding ar- unions. the union when the secret ballot is re- bitration 30 days after that. The unions have been steadily losing placed with a public card signing? For I am sympathetic to the argument that ground in this country for many, many strengthening the negotiating position of the worker, it is the ultimate example workers is good public policy, and that ex- years. My understanding is that the of being caught between a rock and a panding the choices available to them is the percentage and number of U.S. workers hard place. best way to accomplish that. So, for exam- that belong to unions declined again in b 1515 ple, pension portability unlocks the golden 2006, after having stabilized a little bit handcuffs that financially bind workers to in 2005. BLS data show that only 13 per- Mr. EDWARDS, who is running for jobs they may become dissatisfied with after cent of all construction workers were President, has said that if you can join they have become vested. Health savings ac- members of building trade unions, and the Republican Party, you should be counts are an important first step to liber- that is down from 18 percent in 2001. able to join a union by simply signing ating people from jobs they put up with only because they fear a disruption in health-care a card. But Mr. EDWARDS’ analogy is a There is a steady erosion in the per- coverage. centage of construction workers rep- very false one, because signing a card When it comes to unions, it doesn’t take a resented by unions in the past 23 years. to join the Republican Party does not very deep appreciation of game theory to un- What is happening is because the oblige you to vote for the Republican derstand that a worker’s best position comes unions are losing membership, they ticket in a secret ballot election. And I when a nonunion company has a union want to take away the secret ballot. quote again from the article from the knocking on the door. Indeed, one allegation I am going to enter into the RECORD Wall Street Journal: ‘‘The Employee about ‘‘union busting’’ by supporters of the today several different pieces which I Free Choice Act would take care of bill is that, during union certification elections, one employer in five ‘‘gave illegal pre- have in front of me that I am quoting that by abolishing such elections. If viously unscheduled wage increases while a from. I am going to quote from a Wall the Edwards principle was applied to similar number made some kind of illegal Street Journal article of February 2, the political process in the 28 non-right unilateral change in benefits or working con- and from some other information to work States, Karl Rove and Repub- ditions.’’

VerDate Aug 31 2005 03:14 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.068 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE H1252 CONGRESSIONAL RECORD — HOUSE February 6, 2007 In other words, they made workers better Republicans and pay dues to the party if a Facts: Employers are required to submit off. But, never fear, the Employee Free majority of voters signed Republican Party complete and accurate lists of employees Choice Act will limit these unconscionable cards. That is free choice? within one week of the determination that increases in pay, benefits and working condi- The final proof that this bill is about union an election will be held. The list is then pro- tions by imposing fines of up to $20,000 power, and not worker choice, is revealed by vided to the union. If the employer fails to against employers who make such ‘‘unilat- its treatment of the flip side of unionization: provide the list or the list is inaccurate, the eral changes.’’ Similar penalties will be as- decertification elections. These are secret Board can set aside the election and order sessed against employers who caution that ballot elections in which workers get to de- another, especially if errors involve a deter- unionization may cause them to shut down cide that they have had enough of the union. minative number of voters. or move production elsewhere. So under the Employee Free Choice Act can Union Rhetoric: The Employee Free Choice Sometimes the interests of workers and a majority of workers decertify the union by Act gives employees the option of using a unions coincide, sometimes they do not. The signing a card? Not on your life. Here unions card-check system; it does not replace the chief complaint by the bill’s sponsors is that want the chance to engage in a campaign to secret ballot election. Employees are still unions only win secret-ballot elections half give workers both sides of the story—and free to choose a secret ballot process. of the time. Apparently workers, after they maybe do a better job of representing them— Facts: The card-check process does not think things over and when neither the before the union’s fate is decided, by a se- give employees a choice at all. Instead, it union nor the company knows how they cret-ballot vote. gives union organizers the choice of whether vote, often decide they are better-off without No one has ever argued that secret-ballot to organize through a card check process. If the union. The solution of the Employee elections are a perfect mechanism, either in the union chose to submit authorization Free Choice Act is to do away with such politics or in deciding unionization. But they cards, workers would be barred from seeking elections. It is hard to see how that ‘‘empow- are far and away the best mechanism we an election. In addition, the card check proc- ers’’ workers. And it is hard not to conclude have devised to minimize intimidation and ess can cut up to almost half of all employ- that this bill has little to do with employee maximize the power of the people to really ees out of the organizing process because the choice or maximizing employee leverage, and matter, whether citizen or worker. Congress union only needs signatures from a simple everything to do with empowering union should think a lot harder before it decides to majority in order to gain collective bar- bosses and organizers. do away with workers’ right to vote. gaining rights. During the card-check proc- The unions allege that companies use un- ess, those employees who do not want a fair election campaign tactics and that a [From the Coalition for a Democratic union do not have a voice and are in effect pro-employer National Labor Relations Workplace] removed from the process of making deci- Board doesn’t punish them. But statistics THE SO-CALLED ‘‘EMPLOYEE FREE CHOICE sions about their own jobs. cited by the leftwing Web site, Daily Kos, on ACT’’ UNION LEADERS’’ RHETORIC VS. THE The SPEAKER pro tempore. Under behalf of this allegation come from 1998 and FACTS 1999—when the entire NLRB had been ap- the Speaker’s announced policy of Jan- Union Rhetoric: Secret ballot elections uary 18, 2007, the gentleman from Geor- pointed by President Clinton. In any event, take too long and delays of months or years roughly half the injunctions brought against are common. gia (Mr. PRICE) is recognized for the re- companies by the NLRB were overturned by Facts: The average time for an election to maining time as the designee of the federal courts: This does not suggest under- be held is just 39 days and 94 percent of elec- minority leader. enforcement of the law by the NLRB. tions are held within 56 days. The rare excep- Mr. PRICE of Georgia. Mr. Speaker, I All of this does not mean that there are no tions that take longer hardly justify aban- appreciate the opportunity to come to legitimate complaints about the union cer- doning the entire secret ballot election proc- tification process. Companies have been the floor again today and appreciate ess. the confidence of my leadership in al- found that fired workers for union orga- Union Rhetoric: Card check procedures are nizing activities. One careful examination of the most effective way to determine the lowing me to organize this hour and NLRB data found that there were 62 such wishes of a majority of employees. come chat a little bit with our Mem- cases in fiscal 2005. This is not a large num- Facts: Federal courts have repeatedly bers here and to point out some inter- ber in a work force of 140 million, or in a ruled that secret ballot elections are the esting information in another edition year where there were more than 2,300 cer- most foolproof method of ascertaining of the Official Truth Squad. tification elections. But it is 62 too many, whether a union has the support of a major- and it would be reasonable to stiffen the pen- The Official Truth Squad is a group ity of employees, noting that, workers some- of individuals who try to come to the alties for employers who break the law. But times sign cards not because they intend to it is hard to think of offering more pay or vote for the union in an election, but to floor on this side of the aisle at least better worker conditions as something that avoid offending the person who asks them to once a week in an effort to bring some should be punished with draconian penalties, sign (often a fellow worker), or simply to get truths and some facts to the items that as the Employee Free Choice Act does. the person off their back. we talk about on this floor. I know it Most important, it is totally unreasonable Union Rhetoric: Employers illegally fire won’t surprise you, Mr. Speaker, but to deny all 140 million American workers the employees in 25 to 30 percent of all orga- oftentimes some of the things we hear right to a secret ballot election because nizing drives. on this floor aren’t necessarily the some employers break the law. Not only is Facts: Those who falsely claim employers such a remedy disproportionate, it is coun- illegally fire a large number of employees truth. So what we try to do is to point terproductive—if one’s goal is worker em- during organizing drives cite to two studies, out items that are of importance in powerment. How can a worker be better off if one by Cornell professor Kate terms of information to the American both his employer and his prospective union Bronfenbrenner and another commissioned people and how we on this floor ought boss know his views on the union when the by the pro-union group American Rights at to be making decisions on their behalf. secret ballot is replaced with a public card Work. Unfortunately, these reports are in And in so doing, we have a number of signing? For the worker it is the ultimate fact surveys of uncorroborated reports of individuals we like to point to as kind example of being caught between a rock and union organizers—hardly an unbiased source. of leaders in the public arena, both a hard place. National Labor Relations Board statistics The political rhetoric in support of this show that employees are illegally fired in present and past, who have had as one bill is a willful exercise in obfuscation. For just over one in 100 (1 percent) organizing of their hallmarks making certain that example, on the presidential campaign drives. Furthermore, if the NLRB finds that they discussed truth and made certain stump John Edwards says, ‘‘if you can join an employer illegally fired workers during that they used facts in developing their the Republican Party by just signing a card, an organizing drive it has the power to order positions. you should be able to join a union by just the employer to recognize and bargain with One of my favorite quotes comes signing a card.’’ The fact is, you—and every- the union, even if the union lost the election. from Senator Daniel Patrick Moy- one else—can join any union you want by Union Rhetoric: The secret ballot election nihan, former United States Senator just signing a card, and paying union dues process enables employers to wage bitter and meeting any other obligations imposed anti-union campaigns. from New York, and he had a quote by the union. But, under this bill, contrary Facts: In almost nine out of ten cases the that said: ‘‘Everyone is entitled to to Mr. Edwards’s false analogy, signing a employer and union reach agreement on the their own opinion but not their own card to join the Republican Party does not most contentious issues surrounding union facts.’’ I think that is incredibly im- oblige you to vote for the Republican ticket elections: the scope of the bargaining unit portant as we talk about this issue in a secret ballot election. The Employee (who is eligible to vote), and the date and that we are discussing today, the econ- Free Choice Act would take care of that by time of the election. omy and the budget and issues that re- abolishing such elections. If the Edwards Union Rhetoric: In an election, manage- principle was applied to the political process ment has total access to the list of employ- late to how Washington spends hard- in the 28 non-right-to-work states, Karl Rove ees at all times, while union supporters may earned taxpayer money. and Republican Party organizers could force have access very late in the process to a list One of the most important facts is it all Democrats and independents to become that is often inaccurate. is the taxpayers’ money, it is not the

VerDate Aug 31 2005 04:07 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A06FE7.035 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE February 6, 2007 CONGRESSIONAL RECORD — HOUSE H1253 government’s. And there are many peo- how did that happen? What happened? budget that didn’t raise taxes. It gave ple who are here in Washington who be- How did that occur? How are we seeing incentives that let people keep more of lieve that somehow, just by some mi- the kind of results in the economy, the what they earned. We have seen reve- raculous nature, when the money is good news that we are currently see- nues continue to grow. We are now sent to Washington that somehow it ing? about out of our deficit, which was fun- becomes the government’s money. And I am fond of using charts be- damentally the biggest one they have Well, Mr. Speaker, I would hope you cause I think that they paint a picture ever had, and it has continued to move would agree with me that in fact it is that is oftentimes, at least for me, forward that we were able to bring the taxpayers’ money and we need to easier to comprehend and easier to get more revenues in. spend it very, very wisely. my arms around. This is a chart that But I want to put forth really the One of the other relative issues that runs from 2000 through 2006, and we are graphs you have been talking about, I think has seen a lot of naysayers and going to update the numbers for this put it into everyday life, put it into a lot of misinformation is the state of most recent quarter. But what it shows where people understand it. Where you our economy right now. If you ask here on this vertical line, this dotted saw that graph continue to take off, folks, most people across this Nation green vertical line is when we began that is when the tax cut happened. will say that their own economic situa- this remarkable expansion. And what Now, what does that mean to the tion is pretty good and they feel pretty occurred on that at that point was, you millions of Americans? Well, more good about the future. If you ask them guessed it, Mr. Speaker, appropriate than 100 million Americans have now how the economy in the Nation is tax reductions for the American peo- had more than $2,200 of tax relief. That going, the majority of them say that it ple. So when you decrease taxes, what may not sound like a lot of money to is not going well at all. And that, I be- happens is that the blue line, you get Washington where they spend trillions lieve, to be in large part due to much of more jobs; the red line, you get in- of dollars, but that is $180 a month. Do the messaging that comes out of Wash- creasing business investment; and, lo you know what that means? That ington. Our good friends on the other and behold, something that President means day care, that means you can side of the aisle have been down-talk- Kennedy knew and President Reagan take your kids maybe to Disneyland, ing this economy for years, literally knew, when you decrease taxes, which that means you can go and invest for years. occurred at the nadir of this graph your kids’ college future. That is what So I was curious that over the week- here, what happens is that you increase it means when you send more than $1 end the Wall Street Journal had an edi- government revenue. trillion back to the taxpayers that ac- torial that they entitled: ‘‘The Current It sounds counterintuitive, but in tually earned the money. ‘Depression,’’’ and they used ‘‘depres- fact it isn’t. If you decrease taxes, if Now, to put it in a much broader per- sion’’ in quotes, because if you really you allow individuals to have more of spective where a person can understand look at the numbers, if you look at the their hard-earned money, what happens day-to-day life, I always like to see facts, Mr. Speaker, they kind of belie is that the economy grows and, because what I did today and what did it mean the naysayers in what they have been of that, tax revenue flows to the Fed- about taxes and what did it take out of saying: 110,000 new jobs in January, 41 eral Government. my pocket on my money. straight months of job growth in this Now, an individual who is joining us When I woke up this morning, I took Nation. The average job growth in 2006 today for this edition of the Official a shower. Do you know what? I paid a was 187,000 jobs; 2.2 million new jobs in Truth Squad, an individual who is a tax on that water. When I got out, a 2006, and 7.4 million new jobs since 2003; new member of our conference from friend of mine needed a cup of coffee, I 7.4 million new jobs since 2003. bought a cup of coffee. I paid a tax on When you compare this expansion to California who knows a lot about taxes that. We had to stop at the gas station the expansion that all sorts of folks and a lot about the issue of taxes and talk about as being the be-all and the how they affect us on a daily basis, I and put gas in the car. We paid a tax end-all, and that is with the expansion am pleased to ask my friend Kevin there. When we got to work, most of the 1990s, when you compare this ex- McCarthy from California to join us Americans work the first 3 hours just pansion, the expansion that we are cur- and give us some insight into exactly paying the taxes before they earn any rently in, the economic success that we where those taxes come from and how money. When I go home, I am going to are currently in is better when you often we are taxed. I think that is the turn on the TV. Hopefully, I made C– look at many, many parameters. kind of truth and facts you would like SPAN. I am going to pay a cable tax Unemployment, for example. The to bring to us today. just to watch the government at work. first six years of the 1990s, 1991 through Mr. MCCARTHY of California. I Then when I go out, somebody is going 1996, had an average unemployment thank the gentleman for yielding the to have to travel for their work. They rate of 6.4 percent. The average unem- time. are going to buy an airline ticket; they ployment rate for the first 6 years of I do come from California and I am a are going to pay a tax on the ticket. this decade: 5.4 percent. And as you new Member, and I think as is only fit- They are going to rent a car; they are know, Mr. Speaker, that unemploy- ting we are talking about how letting going to pay a tax on the car. ment rate is at 4.6 percent. And the people keep their hard-earned money, They check into the hotel; they are last time I looked, if the average un- how jobs grow, revenue grows, and in- going to pay an occupancy tax. And, employment rate is 4.6 percent, it dividuals can spend the money on what God forbid, if the other side of the aisle means that 95.4 percent of folks are they desire, like putting their kids gets their way and we are successful in working. through college. But we would be re- individuals earning money, the death Real wage growth. Our friends on the miss if we didn’t mention this day, be- tax is going to come back. We are other side of the aisle often talk about, cause I think it is rather ironic. Today taxed from the morning we wake up to well, this is a recovery, an economy is the 96th birthday of Ronald Reagan, take a shower to the night we go to that isn’t resulting in real jobs; the and nobody finer than that talked sleep. It is tax, tax, tax. wage growth isn’t occurring, people’s about taxes and talked about which And I am here to say, just like Ron- wages aren’t increasing. Well, if you way they went. And President Ronald ald Reagan said: ‘‘We don’t have a tax compare it to the vaunted years of the Reagan was actually Governor of Cali- issue when it comes to that, we have a early 1990s, real wage growth for those fornia at one time. That is where I spending problem.’’ first 6 years averaged 0.6 percent per come from prior to serving in this Our revenues are coming in and com- year increase. 2001 through 2006, real House; I served in the State assembly. ing in very strong. So I would proclaim wage growth in this Nation up 1.5 per- And when I got elected to the State as- and what I would like to see happen is cent, and last year it was 1.7 percent sembly, we had a $36 billion deficit. we actually reform so that we can com- increase. And that is accounting for in- And much like the other side of the pete. I will tell you, I have two small flation. It is accounting for inflation, aisle here, the other side of the aisle kids, Connor and Megan who are just 12 Mr. Speaker. there, their answer was to raise taxes. and 10, and every day I call home when Now, one might want to ask, given We sat down, the Republicans, and I’m back here and we talk about their the success of the current economy, crafted a bill that actually proposed a education, we talk about if they have

VerDate Aug 31 2005 03:14 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.070 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE H1254 CONGRESSIONAL RECORD — HOUSE February 6, 2007 done their home work. Because I am visit the misery index. So we are here that need to be revisited, that the du- not concerned with my kids from Ba- to try to bring truth and fact and light ties could be shuffled to another one, kersfield, California competing with to the issue of the economy and tax- that could be merged with another pro- kids with Sacramento, California or ation and the budget. gram so that services are delivered even competing with kids from Geor- I am so pleased to be joined by my more effectively and more efficiently. I gia. Do you know who I am concerned good friend from Tennessee, the con- was very pleased to see that because, with my children competing with when gresswoman MARSHA BLACKBURN, who as I said earlier, we know that there is they grow up? Kids from China and understands business, understands the a spending problem in Washington, DC. India. And we need a system that al- economy and budgetary issues as well We have had our focus on addressing lows us to be competitive. We need a or better than the vast majority of that; and what we want to do is reduce tax system that creates jobs, we need a folks in this Chamber. I look forward that spending, eliminate programs that tax system that creates entrepreneurs. to your comments today as we talk have outlived their usefulness and And the way we do that is let tax- about budget, economy and taxes. make certain that we do not raise payers keep more of what they earned. Mrs. BLACKBURN. Mr. Speaker, I taxes. It is important that we move That is why I applaud you today for thank the gentleman from Georgia; forward balancing the budget. It is im- your truth, and I applaud you for com- and I was so pleased that the gen- portant that we get the fiscal house in ing down and doing this work. tleman from California mentioned order. It is imperative that we do it Mr. PRICE of Georgia. I thank the Ronald Reagan and his birthday and without raising taxes. gentleman for coming and joining us brought up the Ronald Reagan quote So I am looking forward to working today and helping out and bringing that government does not have a rev- to make certain that we focus on truth and facts to the issue of the econ- enue problem; government has a spend- waste, fraud and abuse, working to omy and especially taxation, because ing problem. This is something that we make certain, Mr. Speaker, that we oftentimes people don’t think about all know and we all realize and cer- eliminate those programs and, Mr. the times that they do indeed pay tax. tainly because of the tax reductions Speaker, working to make certain that I try to visit as many schools as I can that were put in place, and the gen- we keep the commitment to the Amer- in my district back in Georgia, and tleman from Georgia showed us the ican people that their tax bill is not when I am in front of student groups, I charts that showed how the tax reduc- going to go up, that their tax bill is oftentimes ask them, Do you pay any tions went into place in 2003, and we going to be going down. tax? And of course most often they say, have seen not only growth in our GDP, I thank the gentleman from Georgia Oh, no. We don’t pay any tax. Our par- not only jobs growth but a reduction in for yielding. ents pay some tax, but we don’t pay the deficit and record revenues for the Mr. PRICE of Georgia. I thank you so any tax. Then you ask them, Did you Federal Government. Because when much for joining us again today and buy a pack of gum? Paid for any of those rates of taxation go down, we bringing light and truth to an issue your shoes lately? Have you bought know that revenues to the government that is so remarkably important be- any food? Anything that you buy, any- go up. cause it gets to the bottom line for thing that you buy has taxes on it. So I was listening to the gentleman each and every American and each and any consumable product whatsoever from California, and I recalled a con- every American family. has taxes on it. So everybody contrib- versation with one of my constituents What we do at home, when we have utes into it. And when individuals are this weekend. He came to me and he discussions about our family budget, is able to keep more of their own money, said, MARSHA, look at this here in the that we determine how much money we what happens is that the economy is paper. It was a note that on February have to spend and then we determine able to flourish to a much greater de- 3, 1913, is when the Federal income tax what our priorities are. Depending on gree. So I appreciate the information went into place. So here we are at a what those priorities are, that is how that you brought about taxes. time when that is being remembered. we allocate money, and we try to make I also want to point out that you February 3, 1913, a 1 percent temporary certain that we set aside some savings mentioned that our good friends on the tax, only on the wealthiest, went into as well for a rainy day, for a difficult other side of the aisle seem to be mov- place to pay for a war. time. That ought to be what the Fed- ing in the direction of allowing the ap- And look at what we have got now: eral Government does, as you well propriate tax reductions that resulted an IRS that is big and is bloated and is know, but, sadly, that appears to be in this success, to allow those tax re- cumbersome and wants more and more not the plan of the new majority here. ductions to go away, which means a and more, a government that wants So it is important that we talk about tax increase for the vast majority of more and more and more of the dollar family budgets, about how family Americans all across this Nation. And that the taxpayer earns. It is like an- budgets ought to parallel Federal budg- if they do what they have basically other saying that Ronald Reagan had: ets, government budgets. said they are planning on doing, and The closest thing to eternal life on I would be pleased to yield if you that is allow those tax reductions to earth is a Federal Government pro- have a comment. expire, allow taxes to go up, the mar- gram. Mrs. BLACKBURN. I thank the gen- ginal tax rate, that is the rate, the per- 1913, a tax was put in place to pay for tleman from Georgia. centage of income that each and every a war, to fund a defense effort; and One of my constituents this weekend American pays to government to run today it is bigger than ever and is still was talking about this very issue, and the services, will be over 50 percent for in place. he was very concerned. He had been the first time since the late 1970s. And, So how appropriate that we come reading some of the reports, hearing Mr. Speaker, some of our Members may this week and we talk about the budget some of the things about the tax reduc- not remember the late 1970s, but I re- and we talk about what the President tions that had been put in place in 2003 member it and I know that my good is bringing forth and we talk about the may be allowed to expire; and he said, friends here remember it, and that is Tax Code and the changes that should MARSH, you know, it is all too often that we had something called the mis- be made and the changes that ought to that I have got too much month left ery index. be made and the steps that we should over at the end of my money. be taking to be certain that the Amer- His point to me and his admonition b 1530 ican people retain more of their pay- was the time has come to achieve It was the last time that inflation check. It is an important thing to do. greater efficiencies. Every one of our and unemployment were just sky- As I was looking through the Presi- constituents can go through their dis- rocketing, both of them because of dent’s budget that he is offering forth trict and see any number of Federal poor programs of the Federal Govern- this week, one of the things that agencies, State agencies, local agencies ment. caught my eye and that I was pleased that are wasting taxpayer money. They So I fear that what will happen if our to see is that he is recommending the know they cannot do that in their fam- good friends on the other side of the elimination of 141 programs that ily budget. They know that they can- aisle get their way is that we will re- maybe have outlived their usefulness, not do that in their small business

VerDate Aug 31 2005 03:14 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.071 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE February 6, 2007 CONGRESSIONAL RECORD — HOUSE H1255 budget. As we have said time and of the aisle say they have to end. They The second myth that I want to talk again, this is the hold-on-to-your-wal- have to increase taxes on the American about and discuss as it relates to the let Congress. They are determined to people. appropriate tax reductions that were get more of the taxpayer money, and The Democrat majority has to write adopted by this Congress back in 2001 we are going to stand solid with the a budget. They have to write a budget. and in 2003, the myth that is out there taxpayers to make certain that we help Each year, the majority party has to is that these tax reductions substan- protect those pocketbooks. write a budget, and the House has to tially reduced 2006 revenues and ex- Mr. PRICE of Georgia. I thank the pass a budget. panded the budget deficit. Well, the gentlewoman for her comments and for The new majority, the Democrat ma- fact of the matter, Mr. Speaker, is that again pointing out how important it is jority, has three options in that budget nearly all of the 2006 budget deficit re- to have our budget here at the Federal as to how they are going to deal with sulted from additional spending above level compare or track what we do at these appropriate tax reductions that the baseline. home. were put in place earlier in this decade. I am the first to tell you, Mr. Speak- In fact, what we do at the State They can extend them. They can con- er, that the Federal Government, level, virtually every single State has a tinue the appropriate tax reductions, Washington, has been spending too balanced budget because they cannot something that I and the vast majority much money, too much of hard-earned do what Washington does, and that is of folks on our side of the aisle believe taxpayer money. That being said, I print money. Having served in the ought to occur. They could allow them think it is important that our friends State legislature, we would spend days to expire. Virtually all of them are on the other side of the aisle, who say and weeks and months sometimes deal- slated to expire in 2011. that they want to balance the budget, ing with the hard-earned taxpayer So, if no action is taken, then the do so by doing the responsible thing money, again not government money, other side will, in fact, increase taxes, and that is decreasing spending and not but hard-earned taxpayer money and or they can repeal them. They could in- increasing taxes. make certain that our budget was bal- crease taxes right way. So they have In the first place, if you increase anced at the State level. the responsibility of determining ex- taxes, what you do is, over the long In fact, in Washington I am dis- actly what they are going to do with term, you get less revenue to the Fed- tressed that is not exactly what occurs. those appropriate tax reductions. eral Government, but in terms of budg- I am a strong supporter of a balanced There are a number of myths that et deficit, what you see is that you will budget, and what you will see on some have grown up around these tax reduc- decrease the deficit more rapidly by de- of the charts and information that we tions that I would like to highlight. creasing taxes and by decreasing spend- currently have is that the tax policies One is that the tax reductions them- ing. that have been put in place and the selves or the tax revenues themselves program changes that have been put in remain low. In fact, Mr. Speaker, as I b 1545 place, something that is not well- have on a previous chart shown, the Now critics tirelessly contend that known, is that the nondefense discre- tax revenues are above the historical America’s swing from budget surpluses tionary money, which is about 16 to 17 average, even after these appropriate in 1998 through 2001 to a $247 billion percent of our overall budget right tax reductions. budget deficit in 2006 resulted chiefly now, has been actually decreasing as it Tax reductions in 2006 were about 18.4 from what they call ‘‘irresponsible’’ relates to inflation. So Congress has percent of the gross domestic product, tax reductions. This argument, how- been trying diligently to try to make which is actually above the 20-year, 40- ever, ignores the historic spending in- certain that it reins in costs and spend- year and 60-year historical averages. creases that pushed Federal spending ing. Because, Lord knows, we have not Now the inflation-adjusted 20 percent up from 18.5 percent of GDP in 2001 to got a revenue problem; we have got a tax revenue increase between 2004 and 20.2 percent of spending in 2006. spending problem. 2006 represents the largest 2-year surge Furthermore, tax revenues in 2006 If you track out the budget itself, in tax revenue since 1965 and 1967. Let were actually above the levels pro- and this is with Congressional Budget me repeat that, Mr. Speaker. The rev- jected. We have talked about that be- Office numbers, they are not the kind enue to the Federal Government in- fore. They were above the levels that of numbers that I think demonstrate creased 20 percent over a 2-year period were projected before the 2003 tax cuts. the upside that we receive from tax re- between 2004 and 2006, which is the Now, immediately before the 2003 tax ductions, but, in any event, what they largest increase in revenue to the Fed- cuts, the Congressional Budget Office do show is that at about 2011 the budg- eral Government since 1965 and 1967. So projected that the 2006 budget deficit et is balanced. The budget is balanced, claims that Americans and the Amer- would be $57 billion. Yet the final 2006 and that is if we keep our current pro- ican people are undertaxed according budget deficit was $247 billion. Now, grams in place. Now, we can get to that to history are simply patently false, the $190 billion deficit increase resulted point a lot sooner if we get more re- absolutely untrue, and so it is impor- from Federal spending, resulted from sponsible on the spending side. tant to remember that tax revenues Federal spending that was $237 billion Now, my good friends on the other are up because of a decrease in taxes, more than projected. So revenues were side of the aisle will tell you, well, we decrease in liability to the American actually $47 billion above projections are going to balance the budget, too, people. even after the $75 billion in tax cuts and they can do that if they just left When you compare the tax revenues that the other side says hurt, hurt the things alone. We would get to a bal- in the fourth fiscal year after each of bottom line and hurt the deficits. anced budget. But what they will tell the past recessions, it shows that the So these myths, I think, are impor- you is we need to spend more in other tax revenues were basically the same. tant to correct to point out the factual areas, and so we need to tax Americans So, in 1987, tax revenues were about 1.4 nature of what is going on as opposed more. We are going to balance the percent of gross domestic product; 1995, to just flying by the seat of your pants, budget, yes, but we are going to do it 18.5 percent; and 2006, 18.4 percent. which is not the way folks do their by taxing the American people more, All of that is to say, Mr. Speaker, family budget and certainly ought not and I would suggest, Mr. Speaker, that that when you decrease taxes, the rev- to be the way that we do our Federal that is not the way in which we need to enue that comes into the Federal Gov- budget. move forward. ernment stays about the same as a per- The next myth I want to talk about We will talk about some other rev- centage of the overall economy, but is the capital gains taxes; tax cuts do enue items and some other aspects of a you decrease the number for each and not pay for themselves. There is kind balanced budget, but I want to address every American because the economy of this sense that folks say, well, if you what has been termed by many myths, is increasing and the revenue increases keep capital gains low, those are the 10, 12 number of myths about President to the Federal Government. So tax re- taxes that people pay on the profits Bush’s tax reductions. These are the ductions are good for the government. that they made on investments. tax reductions, appropriate tax reduc- Tax reductions are good for the Amer- I am in favor of doing away with tions, that our friends on the other side ican people. them all together. But if you keep

VerDate Aug 31 2005 03:14 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.074 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE H1256 CONGRESSIONAL RECORD — HOUSE February 6, 2007 them low, what happens is you don’t These are the automatic programs sire additional tax revenues regularly get the same amount of revenue into where the spending continues to in- call on Congress to raise taxes. But tax the Federal Government. Well, the fact crease based upon a formula. revenues are a function basically of of the matter is that capital gains tax I have a chart that I would like to two variables. One is tax rates and two revenues doubled, doubled following share with you that demonstrates is the tax base. the 2003 tax cut. clearly the challenge and the problem Since 1952, the highest marginal in- Did you hear that? Capital gains tax that confront not just those of us rep- come tax rate has dropped from 92 per- revenues doubled following the 2003 tax resenting Americans but all of Amer- cent to 35 percent, dropped from 92 per- cut. ica. These are three pie charts that cent to 35 percent. At the same time, Now, whether a tax cut pays for itself demonstrate the mandatory or auto- tax revenues have grown in inflation- depends on how much people alter their matic spending that occurs, primarily adjusted terms while remaining basi- behavior in response to that policy. In- again in Medicare, Medicaid and Social cally a constant percent of GDP. They vestors have shown to be the most sen- Security. This is 1995. Those programs are basically a perfect correlation be- sitive to tax policy because capital comprised approximately half of the tween those two. gains tax cuts encourage new invest- Federal budget, 48.7 percent of the Fed- I think it is exceedingly important ment to more than offset the lower tax eral budget. for all of us here and the American peo- rate. Now, the percent of the Federal budg- ple to realize and appreciate that rais- This chart here is a demonstration of et that was utilized at that time for ining taxes doesn’t raise tax revenue. In exactly that. What we see here is a terest on the debt was 15.3 percent, a fact, as we saw from the previous chart that shows capital gains tax rev- point much greater than current, and charts, it is decreasing taxes that in- enues that doubled following the 2003 then discretionary spending where we crease tax revenue. tax cut. The yellow line here projected have all of the Federal programs that One other myth that I would like to from 2003 through 2006, the yellow line people think about in terms of trans- talk about very briefly is that there is demonstrates what the Congressional portation, national park programs, all this myth that reversing the upper in- Budget Office said would be the taxes of those kinds of things, in addition to come tax reductions, the upper income gained from capital gains tax revenue. defense, that portion, in 1995, was 36 tax cuts, would raise substantial reve- The blue line which you see is signifi- percent. nues. In fact, the lower income tax cuts cantly higher than that are the actual Again, about 48.7 percent was the reduced tax revenue more than the revenues that came into the Federal mandatory portion of the budget. In high income tax reductions. Government following the 2003 capital 2005, just 2 years ago, that portion had I have a chart that will show that as gains tax reduction. grown from 48.7 percent to 53.4 percent. well. This chart oftentimes comes as a Again, Medicare, Medicaid, Social Se- real eye opener for the American peo- So in 2003 capitalize gains tax rates curity, there were automatic spending ple and for so many of my colleagues were reduced from 20 percent to 10 per- increases over a period of time with here, as a matter of fact. This chart cent, depending on income, to 15 per- those three specific programs. shows the share of individual income cent and 5 percent. Now, rather than If you track out to 2016, you get to taxes that are paid by different por- expand by 36 percent from the current 63.9 percent of the Federal budget. So tions of our society, and I would like to $50 billion level to $68 billion in 2006, as those are the automatic programs that just point to the last two bars, the last the CBO projected, capitalize gains rev- are in place, the automatic spending two bar graphs down there. enue more than doubled $103 billion, programs that are in place. This is This one, the larger one, that dem- $103 billion, more than twice what was clearly, clearly unsustainable. Spend- onstrates that over 96 percent of all tax projected. Past capital gains cuts have ing of the entire GDP has kind of hov- revenue comes from folks in the upper shown similar results as well. ered around 20 percent for the past half half of the income bracket of this Na- The fact of the matter is, remember, century. tion, and that the bottom 50 percent, you can have your own opinions as you However, with the retirement of the the lower 50 percent pay less than 4 walk through this discussion of the baby boomers, this is the first year percent of the tax revenue that comes economy and of tax policy and of budg- that baby boomers will begin to receive into the United States. et policy, but it is important that we Social Security. Social Security, Medi- Now, that is important because if look at facts so that we are making ap- care and Medicaid will see significant you try to concentrate on just the mid- propriate decisions here on behalf of increases in the amount of revenue pro- dle-income folks, in fact, you will not the American people. jected to increase over 10.5 percent generate the kind of money that you The fact of the matter is that when over the next 10 years. What you see is are talking about or that you need, and you decrease capital gains taxes you an increase to 63.9 percent by 2016. you also will significantly depress the increase investment in America and Clearly, clearly, these French-style economy. you increase the revenue to the Fed- spending increases, not tax policy, are Again, it is important to talk about eral Government, which is dem- the problem. In Washington, law- facts. It is important to talk about onstrated clearly by this chart that we makers, all of us, all of us have a re- truth as we talk about making certain see right here. sponsibility and should focus on get- that we have the right policy here at Another myth that I want to talk ting these entitlements under control, the Federal Government. about is the myth that says that the as opposed to raising taxes on the Finally, there is a myth out there tax deductions are to blame for the American people. That not only will that these reductions, tax reductions, long-term budget deficits. In fact, that not work, they may be good bumper haven’t helped the economy. In fact, isn’t true at all. Projections show that sticker politics, but they will not work the economy has responded to the 2003 entitlement or automatic spending, to solve the problem. This is hard tax reductions in remarkable ways, as automatic costs, will dwarf the pro- work, significant challenges that con- we have already pointed out. GDP grew jected large revenue increases of the front all of us. at an annual rate of 1.7 percent in the current tax reductions. As you remem- Next myth I would like to address six quarters before the tax reductions. ber, the graph that I had up here had very briefly is that raising tax rates is The six quarters that followed the tax revenue to the Federal Government in- the best way to raise revenue. There is reductions, it grew at 4.1 percent; 1.7 creasing because of the appropriate re- kind of this general belief on the other percent before, 4.1 percent afterward. It ductions in taxes to the American peo- side of the aisle that all you have to do is a fact. ple. to get more money is to raise more Nonresidential fixed investment de- However, those increases will all be taxes. clined for 13 consecutive quarters be- eaten up by automatic spending that As you know, tax revenues them- fore the 2003 tax reductions. Since occurs here in Washington. Some folks selves correlate with economic growth, then, it has expanded for 14 consecutive call these programs entitlement pro- not with tax rates, so that as the gov- quarters. Down 13 quarters before, up grams. They are primarily Medicare, ernment increases its revenue as the 14 quarters afterward. It is a fact, not Medicaid and Social Security. economy grows, many of those who dean opinion.

VerDate Aug 31 2005 03:14 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.076 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE February 6, 2007 CONGRESSIONAL RECORD — HOUSE H1257 Standard & Poor’s 500 dropped 18 per- applaud his recent efforts to reduce the bur- Mr. DUNCAN. Mr. Speaker, in an cent in the six quarters before the 2003 den of agency guidance documents through interview published yesterday by the tax cuts. After, increased 32 percent the Final Bulletin for Agency Good Guidance McClatchy newspaper chain, Dick over the next six quarters; before, down Practices that was published on January 25th. Armey, our former Republican major- 18 percent; after, up 32 percent. That is In addition to federal regulations, which are ity leader, said he felt really bad about a fact, not an opinion. burdensome enough, the past decade has voting to go to war in Iraq. Mr. Armey The economy, six quarters before the seen an explosion in ‘‘guidance documents’’ said, ‘‘Had I been more true to myself 2003 tax cuts lost 267,000 jobs. In the six that are not legislated but have the same ef- and the principles I believed in at the quarters after, increased 307,000 jobs, fect as regulation on American employers and time, I would have openly opposed the and, as you well know, since then we can stifle their growth. As OMB itself noted: whole adventure vocally and aggres- have burgeoned by having 7.3 million The phenomenon we see in this case is fa- sively.’’ new jobs since the middle of 2003. miliar. Congress passes a broadly worded It takes a big man to admit some- What we have tried to do today is try statute. The agency follows with regulations thing like that. Chris Matthews on to bring to the American people some containing broad language, open-ended MSNBC on election night said, ‘‘The phrases, ambiguous standards and the like. truth, some facts as we talk about the Then as years pass, the agency issues circu- decision to go to work in Iraq was not budget that will have to be laid out lars or guidance or memoranda, explaining, a conservative decision historically’’ here over the next month to 6 weeks, interpreting, defining and often expanding and said the President asked Repub- pointing out the remarkable fallacy of the commands in regulations. One guidance licans ‘‘to behave like a different peo- so many of the arguments that are document may yield another and then an- ple than they intrinsically are.’’ used on the floor of this House to say other and so on. Several words in a regula- In 2004, William F. Buckley, Jr., that, well, we have just got to raise tion may spawn hundreds of pages of text as often called the godfather of conserv- the agency offers more and more detail re- taxes. You have heard some of the garding what its regulations demand of regu- atism, wrote that if he knew in 2002 Presidential candidates out there on lated entities. Law is made, without notice what he knew by 2004 he would have op- the stump, saying, we have just got to and comment, without public participation, posed going to war in Iraq. raise taxes. In fact, some of my good and without publication in the Federal Reg- Today, the Oversight and Govern- friends on the other side of the aisle ister or the Code of Federal Regulations. ment Reform Committee held a hear- say just that, nothing we can do except In this spirit, I encourage my colleagues on ing on the subject of waste, fraud and raise taxes. both sides of the aisle to examine the agency abuse in Iraq. A couple of years ago the You know and I know that the truth budget requests not only with regard to fiscal same committee, then under Repub- of the matter is that when you look at matters but also with regards to how spending lican leadership, held a similar hear- how the economy operates, how the priorities affect our economic competitiveness. ing. Federal Government gains revenue, Taxpayer dollars should be used to benefit David Walker, now head of the GAO that, in fact, decreasing taxes, main- the public good. Unfortunately, we have seen but then Inspector General of the De- taining the appropriate tax reductions, over and over again that—often with good in- fense Department, testified at that allowing the American people to keep tention—agencies instead use taxpayer money time that $35 billion had been lost in more of their hard-earned money is ex- to impose and enforce regulations that literally Iraq due to waste, fraud and abuse and actly what is the prescription that is strangle businesses and impede job growth. another $9 billion had just been lost necessary for America and for the Regulation imposes its heaviest burden on and could not be accounted for at all. economy to continue to flourish. small and medium sized businesses because I heard a talk by Charlie Cook, the So I look forward to working with it is harder for them to handle the necessary very respected political analyst, who my colleagues on both sides of the overhead costs of paperwork, staff time and said people could not really com- aisle. I look forward to a spirited de- attorney and accountant fees. prehend anything over $1 billion. But bate. I think the question really is, Richard Vedder, an economist at the Center $44 billion is an awful lot of money in when you get right down to it, the for the Study of American Business, finds that anybody’s book. question becomes who ought to decide; federal regulations cause $1.3 trillion in eco- A Foreign Service Officer told me who should decide how the American nomic output to be lost each year. This is last year, a few months after he had people spend their hard-earned money. roughly equivalent to the entire economic out- left Iraq, that he sometimes saw SUVs Should it be the government? Should it put of the mid-Atlantic region. there filled with cash with barely be more government programs? Re- I have to imagine that processing this pa- enough room for the driver. gardless of whatever area of the society perwork also requires a lot of agency time and Conservatives have traditionally you want to talk about, is it the Fed- reduces their ability to clean up the environ- been the strongest opponents and big- eral Government and State government, provide better health care, improve gest critics of Federal waste, fraud and ments that ought to be making those labor conditions, make our transport systems abuse. Conservatives have traditionally decisions? more efficient, etc. If the government instead been the strongest opponents and big- Or should it be, as I and so many of worked with employers to create a better work gest critics of wasteful, lavish and ri- my friends on this side of the aisle be- environment and a cleaner and safer nation, diculous Federal contracts. Conserv- lieve, that those decisions are better both sides could better accomplish their goals. atives, especially fiscal conservatives, left to individual Americans? They The real winner would be the American peo- should not feel any obligation to de- make better decisions about what to do ple. fend wasteful spending or lavish Fed- with their hard-earned money when As we go through the budget and appropria- eral contracts just because they are they are allowed to keep their hard- tions process, I hope that we do so with an taking place in Iraq. earned money and not have it rolled eye towards keeping our nation economically Ivan Eland, in the January 15 issue of into the Federal Government as tax competitive now and in the future. We should the American Conservative Magazine, revenue. look for ways in which the government can wrote this. He said, ‘‘Many conserv- I am pleased to be able to provide better work with employers, and also for the atives who regularly gripe about the hopefully a bit of light, a bit of truth, best programs to fund to train our children and Federal Government’s ineffective and a bit of fact for this Chamber, and deal children’s children for the 21st Century econ- inefficient use of taxpayer dollars give with the issues that are coming before omy. the Pentagon a free ride on their prof- us over the next 4 to 6 weeks. I look f ligate spending habits.’’ forward to this discussion on this de- b 1600 Conservatives admire, respect and bate. appreciate the people in the military Mr. TIAHRT. Mr. Speaker, yesterday Presi- NO BLANK CHECK FOR THE as much or more than anyone. Conserv- dent Bush sent us his budget request for Fis- PENTAGON atives believe national defense is one of cal Year 2008. This request includes his The SPEAKER pro tempore (Mr. the few legitimate functions of the spending priorities for each federal agency. TIERNEY). Under a previous order of the Federal Government and one of its I applaud his efforts to balance the budget House, the gentleman from Tennessee most important. However, this does by the end of the decade, and to do so with- (Mr. DUNCAN) is recognized for 5 min- not mean we should just routinely give out raising taxes on American families. I also utes. the Pentagon everything it wants or

VerDate Aug 31 2005 03:14 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.077 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE H1258 CONGRESSIONAL RECORD — HOUSE February 6, 2007 turn a blind eye to waste in the De- Mr. ROSS. Mr. Speaker, this after- tined for Hurricane Katrina storm vic- fense Department. noon, I rise on behalf of the 44-member- tims but never reached them. That is The Defense Department is a gigantic strong, fiscally conservative Demo- $400 million right there. bureaucracy, in fact, the biggest bu- cratic Blue Dog Coalition, as we de- We are not talking about raising reaucracy in the world. It has the same mand from this Government fiscal ac- taxes to pay for a new program. But I problems and inefficiencies of any countability as well as fiscal responsi- can tell you what we are talking about, giant bureaucracy; and conservatives, bility. Mr. Speaker. We are talking about put- especially fiscal conservatives, should Mr. Speaker, as you walk the halls of ting an end to the days of the Repub- not give a free ride to waste, fraud and Congress, it is easy to know when you lican leadership borrowing money from abuse just because it is done by the De- are walking by the door of a fellow fis- China to fund a new program creating fense Department. cally conservative Democratic Blue this large number, making it go up Counting our regular defense appro- Dog Coalition member, because you daily. It is still going up nearly a bil- priations bill, plus emergency and sup- will see this poster as a welcome mat lion dollars a day under the Republican plemental appropriations bills, plus the to his or her office to remind Members budget that was approved last year. military construction appropriations of Congress, to remind you, Mr. Speak- No more of that, Mr. Speaker. No bill, plus the end-of-the-year omnibus er, to remind me, and to remind the more borrowing money from China to appropriations bills, we spend more on American people and all of those who build a rain forest in Iowa. We are de- defense than all of the other Nations of walk the halls of Congress, that the manding that you show us how you pay the world combined. Yet the military, U.S. national debt today is for your projects and your programs. like all other bureaucracies, always $8,696,414,214,377.65. We are going to restore fiscal discipline wants more money. For every man, woman and child in and accountability to our Government. Well, at some point, we are going to America, their share, our share, my This week, the President came out have to decide, do we want national de- share of the national debt is $28,900.92. with his budget; and we will be visiting fense for our own people, or are we That is a big number. more about the President’s budget dur- going to be the policeman of the world A lot of people think, well, it really ing this hour. and provide international defense for does not matter what the debt is, our But another thing that the fiscally all countries that claim to be our al- Government can simply print more conservative Democratic Blue Dog Co- lies? money. I wish it was that simple. alition is doing is we have gotten to- With a national debt of almost $9 Our Nation today is spending the gether and we have written and en- trillion and unfunded future pension li- first half a billion dollars it collects in dorsed what is referred to as House abilities of many trillions more, I be- taxes not to improve veterans’ health Resolution 97. And House Resolution lieve it is both unaffordable and uncon- care, to protect our troops, to build 97, we have 39 cosponsors. It is pro- stitutional for us to try to be the po- roads, to fund health care, to protect viding for Operation Iraq Freedom cost liceman of the world. We will soon not Social Security and Medicare, to en- accountability. be able to pay Social Security and vet- sure the 47 million folks without Put quite simply, we are demanding erans’ pensions with money that means health insurance have access to it. No. accountability on how your tax money, anything, and all of the other things The first half a billion dollars that we Mr. Speaker, and the tax money of the the Federal Government is doing, if we collect every day in taxes from the hard-working people of this country is try to maintain an empire around the hard-working people in this country go being spent in Iraq. You ask 100 dif- world. to simply pay interest, not principal ferent people what they think about Conservatives have traditionally but interest, on this number, the na- this Iraq policy, you will get about 100 been the biggest critics of interven- tional debt. different answers. You will find some tionist foreign policies because they And those which should be America’s Members of the Blue Dog Coalition create so much resentment for us priorities will continue to go unmet that are for the surge, some are around the world. until we get our Nation’s fiscal house against. I am against the surge. I think Finally, Mr. Speaker, conservatives in order. This is something that affects the American people want us to go in a have traditionally been the biggest every man, woman and child in Amer- different direction in Iraq. critics of nation building, as President ica. We have a plan, a 12-point plan for But one of the things that unites us Bush was when he ran for the White budget reform to ensure that we can as a coalition and the things that we House in 2000. We need the more hum- live within our means, that we can pay have endorsed and that we have writ- ble foreign policy he advocated then, or down this debt and restore fiscal dis- ten and we are trying to put in place is we need to tell the people to forget cipline and common sense to our Gov- House Resolution 97, which has four about their Social Security because we ernment. crucial points that demand fiscal re- are giving blank checks to the Pen- One of those 12 points, by the way, sponsibility in Iraq. tagon. Mr. Speaker, is what we referred to as Point number one, a call for trans- f PAYGO rules, which means pay as you parency on how Iraq war funds are go. And I am real proud that the lead- spent. The American people are send- GENERAL LEAVE ership under this Democratic Caucus in ing some $9 billion a month to Iraq. Mr. PRICE of Georgia. Mr. Speaker, I the first 24 hours, not 100 hours, but That is about $12 million an hour. And ask unanimous consent that all Mem- the first 24 hours, the Democratic lead- the American people in this country bers may have 5 legislative days in ership reinstituted PAYGO rules on the that work hard and pay taxes deserve which to revise and extend their re- floor of the House. Which means, quite to know how their money is being marks and include extraneous material simply, if you want to fund a new pro- spent in Iraq. on the subject of my Special Order gram, you got to show us where the Number two is the creation of a Tru- today. money is coming from. man Commission to investigate the The SPEAKER pro tempore. Is there Now the Republicans tend to think awarding of contracts. It is time, Mr. objection to the request of the gen- that that means that to fund new pro- Speaker, to put an end to war profit- tleman from Georgia? grams you raise taxes. I find it quite eering in Iraq. There was no objection. interesting that the Republicans think Number three, a need to fund the f that PAYGO, pay as you go, means Iraq war through the normal appro- raise taxes to pay for new spending. It priations process. Play by the rules. No BLUE DOG COALITION does not mean that. It means cut pro- more of this so-called emergency sup- The SPEAKER pro tempore. Under grams. It means make the tough plemental appropriations to hide from the Speaker’s announced policy of Jan- choices to put an end to the waste in the American people the true cost of uary 18, 2007, the gentleman from Ar- Government. the war. kansas (Mr. ROSS) is recognized for 60 I got some 8,000 brand new, fully fur- Finally, number four, use American minutes as the designee of the major- nished mobile homes sitting at the air- resources. This is America. We are the ity leader. port in Hope, Arkansas, that were des- leader of the free world, and we should

VerDate Aug 31 2005 03:14 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.078 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE February 6, 2007 CONGRESSIONAL RECORD — HOUSE H1259 be using our resources to improve Iraqi what value are we getting for our tax generations who are going to be financ- assumption of internal policing oper- dollar? ing this war for many, many, many ations. In other words, it is time for We owe it to our constituents to an- years to come to stop the wasteful the Iraqi people to step up to the plate swer these questions. And it starts spending of this administration and and buy into this and take more re- with ending the black hole of waste, war profiteering by contractors. sponsibility and accountability. fraud and abuse that is plaguing our re- We need a modern-day Truman Com- I am joined this hour by a number of construction efforts in Iraq. mittee. And we need transparency on my Blue Dog colleagues, Mr. Speaker. Here are the facts: we have already how Iraq war funds are being spent. At this time, I yield to the gentleman budgeted some $108 billion on recon- The days of offering the President a from Kentucky (Mr. CHANDLER). struction. Yet, the Inspector General blank check are over. We need to ask Mr. CHANDLER. Mr. Speaker, I ap- for Iraq Reconstruction is telling us the tough questions, and we need to preciate all that the gentleman from that we haven’t come close to recov- send a message that waste, fraud and Arkansas is doing to bring these issues ering the level of basic services that abuse in Iraq reconstruction just sim- to the forefront, to the American peo- Iraqis enjoyed under Saddam Hussein. ply will not be tolerated. ple, because I believe they are ex- Here is the return Americans are get- I thank all of my fellow Blue Dogs tremely important and I know all ting on their over $100 billion tax infor the work that they are doing on Members of the Blue Dog Coalition be- vestment: only 25 percent of Iraqis this issue, for continuing to raise lieve that accountability and responsi- have access to clean water; access to awareness, and I hope that my col- bility to the people of our Nation is of modern sewer facilities remains an in- leagues on both sides of the aisle will the utmost importance. credible problem for most Iraqi fami- join forces to restore fiscal integrity to Mr. Speaker, the President sent a $2.9 lies; Iraqis now have electricity for this war. trillion budget to Congress yesterday. only 4.3 hours per day; and oil produc- Thank you, Mr. ROSS. I appreciate That is quite a lot of money. And you tion is down almost one million barrels the time. I appreciate the job that you would think that among those trillions a day since the levels before the war. are doing. Mr. ROSS. I thank the gentleman of hard-earned tax dollars the Presi- How long are we going to let this from Kentucky for his valued insight dent would find resources for the most farce continue? into H.R. 97, which is the Blue Dog-en- essential services like education for We can argue all day about spending priorities. But can we not at least dorsed House resolution to demand ac- our kids and health care for our vet- countability and fiscal responsibility erans. But, once again, those who need agree to make sure that our tax dollars are being efficiently spent to accom- in how tax money is being spent in our help the most are the very people Iraq, some $9 billion a month; put an- who have been pushed aside. plish good? Because right now the only thing I see these tax dollars are doing other way, some $12 million an hour. If we follow this budget, Medicaid Let me be clear that as members of efficiently is lining the pockets of gov- and Medicare will be cut by $101 billion the Blue Dog Coalition, we support our ernment contractors. over the next 5 years; health care for troops 110, 120, 130 percent. We can’t do How many reports of jobs being billed our veterans will be slashed by $3.5 bil- enough for our troops. And as long as that were never authorized; jobs being lion over 5 years; Perkins loan funds we have troops in harm’s way, we are started without permission; individuals for our college students will be re- going to be there to ensure they have admitting to stealing millions of recalled; and No Child Left Behind will what they need to get the job done and be underfunded by some $15 billion. The construction dollars, and private con- to get it done as safely as possible, and President, in addition, would have us tractors, such as Halliburton, being hopefully get on back home to their cut State preparedness training pro- awarded unprecedented numbers of no- families. grams and firefighter and law enforce- bid government contracts do we have This has impacted every family in ment grants, depriving our first re- to put up with before we do something America in one way or another. My sponders of the funds necessary to op- about it? brother-in-law is in Kyrgyzstan now, erate in this post-9/11 world. Well, Mr. Speaker, it is my belief and which is the entry point for Afghani- These policies make no sense. They the belief of the Blue Dog Coalition stan, just as Kuwait is oftentimes the rob our children of opportunity, make that we must demand accountability. entry point for Iraq. My first cousin our communities less safe, and dis- The President, with his proposed budg- was in Iraq when his wife gave birth to honor those who have sacrificed while et, is telling our seniors, our students, their first child. wearing our Nation’s uniform. I could our veterans, and our working families Before coming down here today, I vis- understand some of these cuts if they that our country doesn’t have the ited with a Ms. Watson in Pine Bluff, were being made in the name of fiscal money to help pay for their health care Arkansas, whose son, and she is so very responsibility, but they are not. or for their education. proud of him and I am too, Lt. Colonel If we were truly making an effort to I say we will come closer to having Watson, continues to serve us today in reduce our public debt, I could, and I the money for health care and edu- Baghdad. We thank him. We thank all believe the American people could, ac- cation if we stop mismanaging funds in soldiers for their dedicated service to cept some pain. Because the cause that Iraq and greasing the pockets of con- our country. we would be fighting in that case would tractors who are failing, in many in- This is about accountability. This is be a good one, and it would be about stances, to get the job done. That is about having responsibility and over- our future. why our coalition, the Blue Dog Coali- sight on how our tax money is being But that is not the case. This budget tion, has introduced the House resolu- spent in Iraq. is not trying to reduce the debt. The tion for the Operation Iraqi Freedom Not only that, but this hour is dedi- President’s budget will drag us even Cost Accountability. cated to talking about this new Bush deeper into debt, to the tune of $3.2 In the spirit of the Truman Com- budget that was delivered to Capitol trillion over the next 10 years. Trillion. mittee, which defeated so much corrup- Hill yesterday. Thank goodness that, That is a lot of money. Burdening fu- tion and saved our country in excess of as Members of Congress, we get a vote ture generations with mountains of $15 billion during World War II, this on this budget, that we can ensure that debt, not of their own making. resolution outlines the critical steps funding is there for education and for Mr. Speaker, when I talk with my this body must take to hold the admin- our veterans. And, yes, we are creating constituents back home in commu- istration accountable for its neglect of a new generation of veterans in Af- nities rich in values and common taxpayer dollars. ghanistan and Iraq today. And we have sense, they ask me a simple question It is our constitutional obligation, as got to be there for them. over and over again. Members of this body, to provide over- I yield to the gentleman from Ten- sight for war spending. And Congress nessee, a former cochair of the Blue 1615 b has neglected this duty for far too Dogs for policy, Mr. COOPER. Where is their tax money going? long. We owe it to the taxpayers of this Mr. COOPER. I thank my good friend If we are cutting all of these pro- country, to the troops who are fighting from Arkansas, and I thank my Blue grams, yet going deeper into debt, this war, and, yes, we owe it to future Dog colleagues.

VerDate Aug 31 2005 03:14 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.079 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE H1260 CONGRESSIONAL RECORD — HOUSE February 6, 2007 Mr. Speaker, I would like to focus for the top credit analyst agency in the Mr. ROSS. I thank the gentleman a minute on the release of the Presi- world. They projected this last summer from Tennessee (Mr. COOPER) for his dent’s budget. As has been mentioned, that the U.S. Treasury Bond, the most valued input and insight into this it just came out yesterday, and today, important financial instrument on the budget process. The President has done as a member of the Budget Committee, planet, would lose its triple A credit the annual ceremoniously bringing of we had our first hearing with Rob rating by the year 2012, just 5 years the budget, if you will, to Capitol Hill. Portman, the director of the Office of from now. And, in fact, Mr. Speaker, here is a Management and Budget and former So in other words, S&P, the leading copy of it. This is the budget of the trade ambassador and former Member credit analyst, said that although this United States Government for Fiscal of this House. document says we are going to have a Year 2008 from the Office of Manage- This is what a part the budget looks surplus then, they say we are going to ment and Budget. And it is quite a like. It is available online. It is about have continuing deficits as far as the lengthy document. 150, 200 pages. This looks like a very eye can see, in fact, deficits that dam- b 1630 credible document. But that is what I age and possibly destroy America’s would like to discuss today. credit rating. But if you read over it, you will learn One of the first claims in this budget Standard & Poor’s went on to say in that the budget submitted this week is in the second paragraph, it says: their analysis, they said that by the continues the same policies that helped ‘‘The budget I am presenting achieves year 2025 the U.S. Treasury Bond create the fiscal mess now facing our balance by 2012.’’ Hallelujah. Wouldn’t wouldn’t have just lost its triple A government. that be nice, if it were true. credit rating. They say that the U.S. While the administration’s budget Now, if you look deeper in the budg- Treasury Bond would actually become claims to reach balance in 2012, unfor- et, you will see that they claim, after junk debt by the year 2025. Below in- tunately, this budget is in deficit every years of deficits in the Bush adminis- vestment grade. That would be a true year under realistic Bush policy as- tration, remember, we had a surplus in tragedy for our Nation. We cannot let sumptions. The budget continues to the last 3 years of the Clinton adminis- that happen. And that is why we need make the wrong choices for the Amer- tration, but after years of Bush defi- to examine the credibility of the num- ican people. It proposes substantial cits, they claim that by mid-term of bers in this document. We need to cuts to programs that benefits seniors, the next President, we will have a sur- make sure that they are correct. working families and children, all to plus. Well, that would be good news if And if you look at the assumptions help pay for an extensive tax cut for it were true. They claim that the sur- in this document, you will see not only folks earning over $400,000 a year. It is plus in that year will be $61 billion. trouble with the terrific borrowing about priorities, Mr. Speaker; and the And I hope that a number like that they are planning on doing from the priorities found in this budget, this would be true. Social Security surplus; you will see budget as delivered this week by Presi- But if you look at page 168 of their trouble in the fact that they are plan- dent Bush, are misplaced. document, you will see that that $61 ning on the AMT tax taking a bigger I yield to the gentleman from Geor- billion surplus is really a $187 billion and bigger bite out of the middle class gia (Mr. SCOTT). deficit disguised by borrowing $248 bil- in America for the next 4 or 5 years. Mr. SCOTT of Georgia. Thank you lion from the Social Security trust They do nothing to remedy that in this very much, Mr. ROSS. It is always a fund. In other words, we would have a document. pleasure to be on the floor with you. sizeable, large deficit if it weren’t for There are so many other features of There is so much we need to cover. the money they are planning on taking this document that make it almost Sometimes, you wonder where to really from the Social Security trust fund in completely unrealistic as a starting begin. But I think today we need to that year. point for our budget debates. begin with what the President brought And this isn’t just a once-a-year Mr. Speaker, we have a lot of work to over here in his budget. I have had a practice. They are planning on doing it do. It is not easy putting together chance to look at it, to go through it, every year between now and then. In budgets. I have done it because I had and I am just astounded. I truly am as- 2007 they took $183 billion from Social the privilege of serving back in the ma- tounded at the recklessness of the Security. In 2008 they are taking $212 jority days, over 12 years ago here. It is President’s budget, at the irrespon- billion from Social Security. In 2009 a very difficult process to come up with sibleness of the President’s budget. they are taking $226 billion from Social a proper budget. But that must begin Here we are at a time when this Security. In 2010, $245 billion from So- now. And I would just wish that the country is crying out for very serious cial Security. And in 2011, $264 billion. President’s offering were going to be of attention in health care, especially So, basically, what this budget says, more help to us. It is not all bad. There health care for those at the lower in- although it looks very respectable and are some good elements of the Presi- come end and the middle class, and credible, it says we are going to take dent’s budget. But if you look at the what do we get in the President’s budg- over $1 trillion, close to $1.25 trillion overall promise of a balanced budget et but a tax increase for the middle from Social Security so we can dis- by 2012, I am not sure anyone in the ad- class in health care. What we get in guise the budget deficit and make it ministration really believes that. It is this budget is a slash to Medicare and look like a surplus 5 years from now. here on paper, and it sounds mighty to Medicaid. Mr. Speaker, that doesn’t sound like good. But if you look at the assump- I want to go through it just very honest budgeting to me. tions underneath it, whether it is bor- quickly so the American people and But don’t take my word for it. Look rowing from Social Security or wheth- our colleagues who might not have had at this other document. This came out er it is taking the big bite out of the a chance to really get into this budget about a month ago. This is from the middle class with the AMT tax, it can see how surprisingly irresponsible U.S. Treasury Department. This uses a looks like the President’s budget is not this budget is. different and better method of account- standing up to scrutiny. The President’s budget that he just ing to tell us where we are financially But I thank my friend from Arkan- sent to us slashes Medicare and Med- in this country. And it says, basically, sas. I thank my Blue Dog colleagues. icaid by about $300 billion, at a time we are at deficits as far as the eye can This is the day that we start the budg- when Medicare and Medicaid are in see. And the deficits are far, far larger et debates. Over the next 2 months we greatest need, to slash those programs than what the President admits to in will be trying to bring this to a conclu- by $300 billion over the next 10 years, this document. sion. with legislative and regulatory Med- But even if you don’t believe any of I hope that all Americans will icaid cuts totaling about $50 billion and these government documents, either download these documents off the Medicare cuts totaling $252 billion. the President’s or the Treasury Depart- Internet, will participate in the debate, And rather than using these monies ment’s, look at a private sector organi- and let me and other Blue Dogs know to reverse the growing number of unin- zation called Standard & Poor’s. They your opinions on what we should do on sured Americans, and, indeed, listen to are on Wall Street. They are probably those budget matters. this startling statistic, since President

VerDate Aug 31 2005 04:07 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.081 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE February 6, 2007 CONGRESSIONAL RECORD — HOUSE H1261 Bush took office in the last 6 years, we the Blue Dog Coalition-endorsed House stan, Cuba has hired China to drill for have added an additional 6.8 million Resolution 97 to demand account- oil on their behalf 55 miles from Key uninsured Americans. This is not a ability on how the hardworking people West, Florida, when the United States time to cut the basic government safe- of this country’s tax money is being does not allow drilling within 100 miles ty net program for insuring Americans spent in Iraq. of Key West. Can you imagine that? when we are having more. This is why Mr. Speaker, in the 6 years of the And yet we have borrowed $346.5 billion I say it is reckless. This is why I say it Bush Administration, the government from China to give folks who live in is irresponsible. And these monies are has posted the highest deficits in the this country who earn over $400,000 a being offset, in his mind, by tax cuts to Nation’s history. The administration year a tax cut and to leave our children millionaires. It is totally out of sync. has squandered the budget surplus it and our grandchildren with the bill. The Medicare cuts include premium inherited, transforming a $5.6 trillion I yield to the gentleman from Geor- increases for millions of beneficiaries projected 10-year surplus into a deficit gia. totaling $10 million over the next 10 of some $2.9 trillion over the same pe- Mr. SCOTT of Georgia. Will the gen- years. And at the same time the budget riod, a swing of $8.4 trillion, based on tleman yield just a moment? slashes Medicare funding, it protects realistic estimates of the cost of the On the issue of China and our lend- special interests. Here is how: It leaves President’s policies. The President’s ing, we are now in debt to China well untouched massive overpayments by new budget calls for a deficit of $244 over $350 billion. Now just to show you Medicare to HMOs under the GOP 2003 billion for 2007, and $239 billion for 2008, why this debt in the hands of foreign Medicare Modernization Act. And marking 6 years in a row of deficits of governments is such a threat to our na- many of the Federal Medicaid cuts will more than $200 billion. tional security, just this example. simply increase State costs or lead to This budget that the President deliv- China is now engaged with Iran in further restrictions in Medicaid bene- ered to Capitol Hill this week includes building a, supposedly building, a gas fits. Thus, instead of assisting State ef- $244 billion worth of hot checks for fis- pipeline from China to Iran. The forts to reduce the number of unin- cal year 2008 and $239 billion worth of United States, in its efforts to tighten sured, the Bush budget will impede hot checks for fiscal year 2009. Unbe- certain screws, economic and political, on Iran, in addition to the saber rat- those efforts. lievable, Mr. Speaker. That means that But in the area of health care, and I this Nation will continue to borrow tling we are doing, has begun to ask mentioned at the outset that there about a half a billion dollars a day China if they would desist from that would be in here this hidden tax in- every day, Monday, Tuesday, Wednes- relationship. To this point, China has crease for the middle class. Here is day, Thursday, Friday, Saturday, Sun- stonewalled; and in large measure it is where we find it. Under the President’s day. Every day, under the Bush budget, because we don’t have the leverage. If you owe me $360 billion, that weakens budget, employee health benefits we will borrow over a half a billion dol- my position. would, for the first time, be treated as lars, and that is before we spend a half The other area, in terms of our na- income and would be subject to income a billion dollars each day paying inter- tional security, is the situation in Iran and payroll taxes, just like wages. This est on the debt we have already got. as we are dealing with it, because that America’s priorities will continue to is new, for the first time. is in the news now. There are all kinds Listen carefully. At the same time, go unmet until we get our Nation’s fis- of questions and issues now of whether the President would create a tax deduc- cal house in order. Meanwhile, this or not we are going to attack Iran, tion for health insurance of $15,000 for budget continues to climb the climb of which is why we have got to hurry up families and $7,500 for individuals. This decline of our Nation’s debt, which has and get our resolution passed and make proposal would fail to reduce the num- already grown by $3 trillion during this sure that the President understands ber of uninsured, and it would also administration. what article I, section 8 of our Con- Put another way, this President, this mean a tax increase for millions of stitution gives the Congress the ex- administration has borrowed more middle-class families who have em- treme role, the exclusive role in deter- money from foreign lenders, foreign ployer-sponsored health insurance mining the funding and the declaration worth more than $15,000. You have to central banks than the previous 42 of war in that regard. really look at the fine print. Presidents combined. In fact, we had But the whole reason why this whole And also, because the new deduction only borrowed $623.3 billion in foreign funding operation puts us in a weak- would reduce taxable income, people’s holdings in 1993. Today, foreign lenders ening position from our lending and future Social Security benefits would currently hold a total of about $2.199 our debt with our foreign countries is be reduced as well; and, as many health trillion of our public debt. this: Iran has to depend upon a tremen- experts have pointed out, the Presi- I was with the President at a meeting dous amount of lending from other dent’s proposal would undermine em- Saturday morning. The gentleman countries to support them. It puts our ployer-provided health insurance and from Tennessee (Mr. TANNER) asked Treasury Department, our Secretary of would push people into the individual him about whether he believed bor- Treasury, our Secretary of State, and I health insurance market, a market rowing so much money from foreign plan to ask Ms. Condoleezza Rice to- where insurers are able to refuse cov- central banks and foreign investors morrow, we will have an opportunity erage to workers based on their health. was a security threat to our country. to meet with her, this specific ques- As Karen Davis, who is head of the His response was that he didn’t know tion. The fact that we need our part- nonpartisan Commonwealth Fund, how much money we had borrowed ners, who we are working with, to stop pointed out about the President’s pro- from foreigners. lending to Iran, if we tighten that fi- posal, it is not solving the uninsured So, Mr. Speaker, I hope the President nancial economic screw, that is how problem and it is not solving the cost is listening to us today, because, Mr. you avoid this unfortunate military problem, so it is not really advancing Speaker, I want to share with you, Mr. clash that might be pending. what we need to have happen. Speaker, what I refer to as the top 10 But the point I wanted to make is, as Here at the most basic need, where list. This is the top 10 list of the 10 long as we are so overly dependent and government and people need the help, countries that we have borrowed the have this indebtedness in the hands of soaring high health care costs, this most money from: Japan, $637.4 billion; the foreign governments, we lose the budget not only fails but, to add insult China, $346.5 billion; the United King- leverage we need to secure our Nation to injury, adds a tax increase to the dom, $223.5 billion. and to secure a better peace in the middle class in the process. Can I go back to China for a mo- world. Mr. ROSS. I thank the gentleman ment? You know, we don’t do business Mr. ROSS. I thank the gentleman from Georgia, a very active member of with Cuba because they are Com- from Georgia. Point well taken. the fiscally conservative Democratic munist, and yet we do business with Thanks for sharing that with us. Blue Dog Coalition, Mr. SCOTT. I hope Communist China out of a spirit of Let me just round out the top 10 cur- he will stay for the remainder of this international relations. And while we rent lenders. These are the countries hour as we discuss the President’s are all focused on the Middle East and the United States of America is bor- budget for fiscal year 2008, as well as what is going on in Iraq and Afghani- rowing money from in order to provide

VerDate Aug 31 2005 03:14 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.082 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE H1262 CONGRESSIONAL RECORD — HOUSE February 6, 2007 tax cuts for folks in this country earn- the tax increases on the middle class, last 6 years, and I doubt very much it ing over $400,000 a year. That is in the the continued cutting of programs that is going to prove good in the next 2 President’s budget. That is what he is are good for people, the lack of over- years. proposing to do. Here is what he has sight over our war that is going on I am happy to be part of the Blue Dog done already. right now. It is frightening. It is fright- Coalition, to look for fiscal responsi- In the past 6 years, our Nation has ening for everybody. There are several bility and fight for the rights of what borrowed more money from foreigners things that are wrong, though, that I should be done in America. than the previous 42 Presidents com- would like to talk about. Mr. ROSS. I thank the gentleman bined. Again, Japan $637.4 billion; As I said, the numbers don’t add up; from Ohio for joining us during this China, $346.5 billion; the United King- they just don’t come together. There Special Order to discuss the President’s dom, $223.5 billion. OPEC. And we won- are assumptions that are made that are budget, which has been delivered to der why gas was approaching 3 bucks a unrealistic, and it provides us with an Congress this week, as well as to talk gallon in August. Our Nation has bor- opportunity for real failure, more so about the War Accountability Act, rowed $97.1 billion from OPEC to give than we have now. House Resolution 97, to demand trans- folks who live in this country a $400,000 As Mr. ROSS recently indicated, we parency, accountability and just good tax cut. are near $9 trillion right now in debt, government, Mr. Speaker, in how we and with everyone’s share, with 300 are spending the hardworking people of b 1645 million residents of America, we are this country’s tax money in Iraq. That is exactly what the President is looking at $29,000 per person. That is There are a lot of misplaced prior- proposing to continue. Mr. Speaker, I man, woman, child. ities in this enormous budget. Here is dare say that in this new Democratic Looking at this, it is unfortunate the top ten list: majority, we will stop that. that under this budget proposal there Number one, it includes tax increases Korea, $67.7 billion. Taiwan, $63.2 bil- are crucial investments that have been for middle-class families. lion. If China decides to invade Taiwan, cut to programs that are important to Number two, it has cuts in it to the gentleman from Tennessee, Mr. people. For example, they are cutting health care and to seniors. TANNER, has made this point before, commodities for seniors and people Number three, while it is very cold our country and our fiscal house is in with low incomes and people who have outside right now, while much of the such a mess that if China decides to in- disabilities, but yet we are making real country is frozen, if you will, Mr. vade Taiwan, we will have to borrow strong assumptions on the scenario of Speaker, it cuts home energy assist- more money from China to be able to what can happen for the right things to ance for those who need help the most afford to go assist and defend Taiwan. give more tax breaks. with finding the money to afford to The Caribbean banking center, $63.6 I did an interview today, Mr. Speak- heat their home in the winter months. billion. Hong Kong, $51 billion. Ger- er, with a newspaper in Ohio, and was After 5 years following 9/11, it has many, $52.1 billion. A lot of discussion asked, how will you pay to restore the devastating cuts to police and fire- about our border, and I believe we must commonsense benefits that are in this fighters. secure our border, but are you ready budget? Well, one of the ways would be In direct opposition to the wishes of for this: the United States of America to eliminate some of the tax breaks for the people of this country, here it has borrowed $38.2 billion from Mexico the people who need them least, and comes again, it has a plan to privatize in the past 6 years to fund tax cuts for this would certainly be a thing that we Social Security. people who live here earning over as the Democratic Blue Dog Coalition The President’s budget includes cuts $400,000 a year, leaving our children would be supportive of. to veterans health care. At a time and grandchildren with the bill, which We need to look at common sense. when we are creating a new generation is the very reason why our Nation We need to find ways, such as PAYGO, of veterans coming home from Iraq and today is in debt $8,696,414,214,377. which we are putting forward, to say Afghanistan, the President’s budget in- That is a big number. How do you ex- that no program goes forward for more cludes cuts to our veterans. We need to plain it? If you divide it by everybody spending, Mr. Speaker, without elimi- ensure that our veterans receive the that lives in America, some 300 million nating a program that is costing us in health care they so desperately need. of us, every one of us owes $28,900. I the present time. This is what PAYGO I don’t know about you, Mr. Speaker, don’t know about you, Mr. Speaker, is about. It is a direction that our but I get letter after letter and call but I can’t afford to write a check for country needs. PAYGO stands for com- after call from veterans who have to $28,900 to the government. It is what we mon sense, and that is really what we wait in line weeks and months at a call the debt tax, D-E-B-T, and it is one are trying to do. time to be able to see a doctor. That is tax that can’t go away until we get our When we look at this budget, we say not the kind of health care we prom- fiscal house in order and begin to meet that in the President’s budget this ised America’s veterans. We should America’s priorities again. time for the 2008 series, it is more of honor them by properly caring for Today, the money is going to pay in- the same, that there has been no them. terest on the debt, and it is going to change. It takes many, many assump- It includes cuts to education and cuts borrow more money to fund the war tions that it is going to be a best-case to housing assistance. And with Iraq that is costing us $9 billion a month, scenario. But when you really look at veterans returning with devastating in- again, a big number, break it down, $12 the numbers, Mr. Speaker, it winds up juries, it includes cuts to the brain million an hour. $12 million an hour. quite bad again. trauma research that is so desperately I yield to the gentleman from Ohio We are moving in the wrong direc- needed by many of these returning vet- (Mr. WILSON). tion, doing the wrong things. The erans from Iraq and Afghanistan. Mr. WILSON of Ohio. Thank you, Mr. unbid contracts in the war, the situa- President Bush’s budget says a lot, ROSS, and thank you, Mr. Speaker, for tion that we have where money is but it does very little. It is filled with the opportunity to speak on the budget being drained on a daily basis out of misplaced priorities. I will challenge that has been sent to us just as re- America, I can’t help but wonder all you, Mr. Speaker, to read it for your- cently as yesterday. the good that could be done if we had self, make your own decision. I was elected by the people of eastern fiscal responsibility, if we had people As members of the Blue Dog Coali- Ohio and sent to Washington to try to that were looking at the realities of tion, we are not here to beat up the bring a commonsense approach to what what this budget could do. President. He can’t even run again. We is going on down here. I must say that So I am confident as a new Democrat are here to reach out across that aisle the budget that we received yesterday in this Congress that we are going to and work with him and work with the and have looked through today making work hard to try to bring common Republican Members of Congress, be- different points, it is astonishing, the sense to the budget to try to benefit cause the American people have sent a math that is used. The budget doesn’t the American people. This best-case message very loud and clear, they want add up, the numbers don’t fit together, scenario assumption is just not a fair us to work together. That is what the the lack of real fiscal responsibility, way to go. It hasn’t proven good in the fiscally conservative Democratic Blue

VerDate Aug 31 2005 03:14 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.083 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE February 6, 2007 CONGRESSIONAL RECORD — HOUSE H1263 Dog Coalition is all about. We want to probably politically they know they accountability in Iraq so we can make work in a bipartisan manner to put can’t criticize the American public. It sure our taxpayer dollars are being this Nation on a track toward a bal- is because it is easier to take pot shots spent wisely and going where they are anced budget, to pay down the debt, at politicians than at everyday men needed to achieve success. and to restore some fiscal discipline and women in American society. In my opinion, this resolution is the and common sense to our Nation’s gov- Additionally, if the actions of the first step of many steps down the path ernment. Senate and the House and American to stability and success in Iraq. I, for Mr. Speaker, I yield to the gentleman public embolden the enemy, then I one, stand with our military men and from Tennessee, Mr. LINCOLN DAVIS. think we need to take a look at the ad- women, ready and able to walk down (Mr. LINCOLN DAVIS of Tennessee ministration. I quote: ‘‘Such state- the path of success with them. asked and was given permission to re- ments give a morale boost to the ter- Thank you, Mr. Speaker. vise and extend his remarks.) rorists,’’ Iraqi Prime Minister Nouri al- Mr. ROSS. I thank the gentleman Mr. LINCOLN DAVIS of Tennessee. Malaki, on remarks of the Bush admin- from Tennessee, an active member of Mr. Speaker, we often hear from our istration describing the Iraqi Govern- the fiscally conservative Democratic friends on the right that when the ment as being on ‘‘borrowed time.’’ In Blue Dog Coalition. Democrats question the war or the essence, the Prime Minister of Iraq is And the gentleman is exactly right. strategy in Iraq, we are disheartening accusing our President of emboldening As members of the Blue Dog Coalition, our troops and emboldening the enemy. the enemy by making such a state- we are sick and tired of all the partisan I guess it doesn’t matter that there are ment. bickering that goes on in Washington. many Republicans who also ask the I contend that the American people As members of the Blue Dog Coalition, same questions about the war. This at- love America, that Democrats love we don’t care if it is a Democratic idea tempt by the right to use fear and America, that Republicans love Amer- or a Republican idea. All we care about shame to quiet the administration’s ica and that President Bush loves is, is it a commonsense idea, and does critics is distasteful and, I believe, America. I contend that we all love it make sense for the people who sent hurts America. America, and that the discussion ev- us here to be their voice? That is really Those on the right who take the ar- eryone is having on Iraq right now is what the fiscally conservative Demo- gument further, suggesting that folks not an extension of their love for cratic Blue Dog Coalition is all about: who don’t agree with the administra- America, because we all want what we restoring fiscal discipline, account- tion’s policies and don’t keep their think is best for the country. We want ability and common sense to our gov- views to themselves are being un- success and we want security. If only ernment. American, really saddens me. It sad- we also wanted civility in Washington. I yield to the gentleman from Geor- dens me because it seems like those on I know that once folks cross into the gia (Mr. SCOTT). the right are trying to discourage the District of Columbia or read about Mr. SCOTT of Georgia. I thank you, very actions that led to the founding of something in Washington, it seems Mr. ROSS. our Nation, the very actions that al- there is something triggered in their I just want to make clear, as col- lowed the United States to continue brains and our rhetoric is raised to a leagues are saying, and I want to make evolving toward the never-ending goal sensational point. We need to stop and sure that this debate is within the of a more perfect Union. ask ourselves, is this rhetoric helpful right frame of mind. This is not a de- Our country derives its strength from to the end goal, or just hurtful? bate that is personally against the the diversity of views and ideas that There certainly have been plenty of President. The President is a likeable come from its people. If one idea isn’t failures in Iraq and there is plenty of person. It is just his policies. His poli- working, then someone has the free- blame to spread. We should have sent cies are wrong for the American people. dom to suggest another idea that is dif- in more troops, some say. We should Even the American people are rising up ferent and might yield different re- have not disbanded the Iraqi Army. We and saying so. sults. In my opinion, the ability of the should have kept better track of how We have, as Congress, the responsi- American people to discuss differing our taxpayer dollars were being spent. bility to respectfully disagree with the ideas gives our Nation great strength. We should have squashed the militias President. That is what we are doing. Additionally, I believe that when before they built a strong following, We are simply saying it is wrong to cut Iraqi people see Americans exercising some say, and on and on. veterans’, it is wrong to cut seniors’ their right to freedom of speech, the programs, it is wrong to cut education, Iraqi people are not disenchanted by b 1700 it is wrong to cut the COPS program their prospects, but rather they are in- I will tell you who has not failed: Our out, from getting folks in to be em- spired to have a country as free as soldiers on the ground. The American ployed for first responders. It is wrong ours. They see our freedom as a beacon soldiers won in Iraq. They defeated to cut homeland security. It is wrong of hope for what their nation could be- Saddam’s Army, deposed a dictator and to cut every single basic domestic pro- come some day. tore down the statue. They gave the gram that is cut in this budget. It is Frankly, it is the freedom we enjoy country to the Iraqis. wrong to do that. here that scares the enemy over there Sadly, in my opinion and many oth- It is wrong also for the President to so much, because they know that once ers, the leaders in Washington have say on the one hand that he is going to the people taste freedom, they will de- failed our soldiers because those in have a surge of 21,500 more troops, mand it for eternity for themselves. So charge of Iraqi policy have been weak when, in fact, we now know that it is we should not stifle our freedom here in dealing with the new Iraqi govern- not 21,500. It is more like 48,000, accord- for fear that it may be negatively im- ment, have not pushed them to find po- ing to the CBO that has just corrected pacting the war over there, which I se- litical solutions to the problems they that. riously doubt it is. face. The lack of political structure in So when we have these kinds of situ- Furthermore, if the actions of Sen- Iraq falls squarely on the shoulders of ations, this is what makes this govern- ators of both parties and House Mem- the war planners, and I for one will not ment what it is. This is what makes us bers of both parties embolden the let the reputation of our fighting men the envy of the world. This is why we enemy, then doesn’t public opinion also and women be tarnished by the mis- have this House. This is why we run embolden the enemy? Since polls show calculations of those in charge. every other year, why people hold us a large majority of Americans dis- The question now must be, what are accountable, to come and to make sure agreeing with the administration’s pol- the next steps to bring success and se- that the voters and the people of Amer- icy in Iraq, not the war, the adminis- curity? That is our goal, is success and ica and their tax dollars, that we are tration’s policy in Iraq, if this is the security. good stewards of them. That is our re- case, then why don’t we see those on The Blue Dog Coalition has drafted a sponsibility. the right condemning the American resolution that can help us along our And we have a right, more than that, people for expressing their views and goals towards success and security. we have a duty, to raise the tough emboldening the enemy? It is because House Resolution 97 would improve our questions and to hold the President’s

VerDate Aug 31 2005 03:14 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.085 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE H1264 CONGRESSIONAL RECORD — HOUSE February 6, 2007 feet to the fire when he comes with that brings them to this dialogue, all The President very wisely said in such a wrong-headed budget as this three of these groups are advocating that State of the Union message a year that goes right to the heart of where essentially the same thing. That is, a ago that we are getting oil, many of America is hurting. This is why we are reduction in our use of fossil fuels. the reserves are in countries that don’t here today, and this is why the Blue The first of these groups is a very even like us very much. Dogs are offering this. This is why the large group which has genuine concern Now, fortunately, our imported oil Blue Dogs are also offering Resolution about national security interests. doesn’t come from the mix as we see it 98, to bring this fiscal accountability Probably 2 years ago now, or nearly here, because we are getting oil where and financial accountability, to stop that, 30 of our prominent Americans, it is cheaper to ship it and so forth. So war profiteering, and to make sure the Boyden Gray, McFarland, Jim Woolsey a lot of our oil comes from Canada. money goes to the soldiers so that we and 27 others, some of them senior re- They are pretty tiny in terms of total can take care of them while they are tired military people, wrote a letter to reserves, but there aren’t many people on the battlefield and to make sure we the President saying: Mr. President, there, so they are an exporter. We get restore these cuts to make sure we the fact that in our country we have oil from Mexico, and we get oil from take care of them when they come only 2 percent of the known reserves of Venezuela simply because of econom- home. This budget doesn’t do it, and it world oil and we use 25 percent of the ics. It is just cheaper to ship it the is our obligation to raise these ques- world’s oil, importing almost two- short distances around the world. tions and to make sure that this budg- thirds of what we use, represents a to- So this is one group that has com- et responds appropriately. tally unacceptable national security mon cause in wanting to reduce our Mr. ROSS. I thank the gentleman risk. consumption of fossil fuels, particu- from Georgia. The President himself recognized this larly oil, because we are so dependent Mr. Speaker, if you have any com- in his State of the Union a year ago on the rest of the world which, as ments or questions or concerns, you when he noted that we get some of this Condoleezza Rice says, presents a very can e-mail us at oil from countries, as he said, that real national security problem. A second group that is interested in [email protected]. don’t even like us very much. That is a I yield to the gentleman from Ten- bit of an understatement for some of reducing our use of these fossil fuels, particularly oil, is the group that be- nessee. those countries. Mr. LINCOLN DAVIS of Tennessee. I The next chart shows a recognition lieves that, whereas the United States so often hear that cut and run is a of this on the part of our Secretary of reached its maximum production of oil in 1970, that the world is about to ap- strategy from Democrats. That is not State. This was April 5 of last year. We proach that point now. And if you the case. When we finished the war in do have to do something about the en- aren’t concerned about national secu- 1945, military bases were established in ergy problem. rity risks and if you aren’t concerned western Europe, in Turkey and other I can tell you that nothing has really about climate change, which is going places throughout the world. They are taken me aback more as Secretary of to be the third one that we talk about, still there. As we finished our endeav- State than the way that the politics of you would really be concerned about ors, as many people thought during the energy is, I will use the word, ‘‘warp- oil if you recognized that there is not Korean War, our military bases are ing’’ diplomacy around the world. We going to be enough of it in the future. still located in South Korea. have simply got to do something about It is going to be a real economic prob- We will never leave the Middle East, the warping now of diplomatic effort lem. if the American people think that is by the all-out rush for energy supply. What we have here, it says here, the I am sure that in her head she had a the case. What we are talking about is United States production Hubbert mental picture of this really inter- being able to redeploy and do certain versus Actual. This is a report from esting map of the world. This shows other endeavors that have not been CERA, the Cambridge Energy Research done to make sure we win this war, win what our world would look like if the Associates, who were trying to point the peace, and have success in Iraq. We size of each country was determined by out that M. King Hubbert was not very will be in the Middle East for a long, its reserves of oil. And you can see how accurate in his prediction of what the long time. My great-grandchildren will in America right here, tiny on this map United States would do, and therefore still see us be there. That is an area in of the world, we represent about less you shouldn’t take him very seriously which we have to defend America’s than 5 percent of the people of the when he predicted the world would be freedom and liberty. world and we have only about 2 percent peaking about now. But we have got to take another look of the oil in the world, but we are using The average person looking at this at having success, because what we are 25 percent of the oil. would say that they were kind of doing now is not having the success the Look how small we are. We would fit nitpicking, because this is the American people demand, expect and many times in Saudi Arabia. We are Hubbert’s Lower 48 Projection, this we should have for them, and our about the size of Qatar here. We would yellow line here, and the red is the ac- troops deserve better than that. fit four times in Kuwait, if the size of tual. And of course added to the Lower Mr. Speaker, I yield back the remain- Kuwait, if the land mass of Kuwait was 48 was our big discovery in Dead Horse ing portion of my time. relative to how much oil they have. and Prudhoe Bay, Alaska, and our oil f Russia up there, they are a big ex- discoveries in the Gulf of Mexico. Well, porter now, but they can be a big ex- PEAK OIL I think that these two curves here run porter because they aren’t using any- pretty darned close together; and for The SPEAKER pro tempore (Ms. where near as much as we have. You that growing community of people that JACKSON-LEE of Texas). Under the see Russia is two or three times as have a genuine concern about the Speaker’s announced policy of January large as we are. availability of oil in the future, this 18, 2007, the gentleman from Maryland Well, that large community in our chart has real meaning. (Mr. BARTLETT) is recognized for 60 country which is genuinely concerned I might look at the next chart here minutes. about national security interests un- before we move to those who are con- Mr. BARTLETT of Maryland. Madam derstands our problems that come from cerned about climate change. This is a Speaker, there are three different this distribution of oil. Many of these chart which presents the challenge groups in our country and indeed oil reserves are in countries that, what that we face from what is called peak worldwide at least for some of these we call the royal families. They are oil, and these bars here represent the issues that have common cause in cam- really dictatorships, aren’t they? And discoveries of oil. You note that the big paigning for a reduction in the use of Kuwait and the United Arab Emirates discoveries were back in the 1960s and fossil fuels. These three groups come and Saudi Arabia. And then in Iran, 1970s; and ever since 1980, on average, from very different perspectives, but as that is run as a theocracy pretty much the discoveries have been reducing, you will see from our discussions this totally controlled by the Mullahs. And going down, down, down. evening they really do have common here we have Venezuela, a Communist Now, anyone who has had any math cause. Because to solve the problems state. and charting and so forth in school

VerDate Aug 31 2005 03:14 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.086 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE February 6, 2007 CONGRESSIONAL RECORD — HOUSE H1265 knows that if you draw a smooth curve year growth is going to continue. So it very much warmer inside than it is over this, the area under the curve will is going to be an ever increasing dif- outside, and we call that the green- represent the total amount of oil that ference between the available oil and house effect. What happens is the light we have found. Indeed, each of these the demand for oil. from the sun comes in in a very broad represents a reservoir of oil. If you add Of course, when that happens, of wavelength spectrum from very long up all these little bars, why you have course when demand exceeds supply, waves to very short waves, and they go the total; and that is what you do when price goes up, and we have seen oil easily through your car, most of them you smooth them out. You, in effect, prices go up relatively few years ago through the car window, and then that add them all up. from $10 a barrel to $60 a barrel now. It sun heats up the material inside your The solid dark line here represents was just a few months ago $78 a barrel. car, and that reradiates in the infrared. the amount of oil that we have been Kind of fear factor in that way, it went Well, the glass is relatively impervious using. We started out really rich, away, and it dropped very quickly $18 a to infrared so it simply reflects it back, didn’t we? We found this much oil, and barrel. But very volatile market, up and that is called the greenhouse ef- we are just using this tiny bit down and down $1 or more a day. Another fect, and your car then gets warmer here. fear factor, it could jump another $18. and warmer. You see it especially on a The next chart I have here is one b 1715 summer day when it may be 80 outside that shows the concerns that this third and 120 inside your car which is why It looked like oil was going to be for- group has, and that is those who are you should not leave your children and ever. When would it run out? Look at concerned about climate change. I have animals inside the car when you leave how little we are using and how much something I want to read here. This it. there is out there. chart comes from this document by the Well, there are gases in the atmos- But now look what happened. We way, ‘‘Stern Review: The Economics of phere that essentially do the same continued to use more and more as the Climate Change.’’ It says here, ‘‘The thing as the glass in your automobile. industrial revolution grew and as our scientific evidence is now over- You may remember riding in the air- population grew and we found more whelming: climate change presents plane and you are very comfortable sit- ways to use energy to make our lives very serious global risks, and it de- ting in there at 38, 40,000 feet and the comfortable. The use continued to mands an urgent global response. pilot tells you it is minus 40 degrees grow and grow, but the discovery start- ‘‘Climate change is global in its centigrade outside. That is really cold. ed falling off. causes and consequences, and inter- The reason you could be so warm down In 1965 or so, they started falling off, national collective action will be crit- here and you are so cold up here is the down, down, down, and that is in spite ical in driving an effective, efficient reflection of all this heat which is radi- of ever better techniques for finding and equitable response on the scale re- ated back from the earth, long infrared oil, computer modeling, 3–D seismic quired.’’ rays, and they are reflected back. One and so forth. We now have a pretty This international cooperation re- of the things that reflects them back good idea of what the geology of the minds me of a visit we just made. I are gases up in the atmosphere. There world looks like, and we will find gas came back just about a month ago a number of those gases, methane, and and oil in only very unique geological from China. Nine of us, nine Members carbon dioxide is one of the major ones. formations. Maybe a little later this of Congress went over and the primary Of course, carbon dioxide, absolutely evening we will have a little chance to reason of the trip was to talk to them essential for plant life, and they are so talk about those so you have some ex- about energy. I was surprised and efficient. Our oxygen is about 21 per- pectation of what we might find in the pleased when they began their discus- cent. We can do with maybe half of future. sion of energy by talking about post- that. If you are at 18,000 feet, that is all Here we are now, and this is about oil. Gee, I says, they get it. Somehow a you have got because of the atmos- 2007, and we have been using more oil civilization that was a golden civiliza- pheric pressure there. But these plants ever since about 1980 than we have been tion when my Fore Fathers were bar- make due on .04 percent. Do you not finding. Of course, we have had lots of barians running around Europe has a wish you could be as efficient as these reserve, and we have been eating up longer view of things than we seem to plants? You could get by on the top of that reserve now, until we have taken have. We have trouble seeing beyond Mt. Everest very easily. You would not some of this to fill in this space. the next quarterly report in our indus- need to pressurize the cockpit in the Now you look to the future, and what try. We have real trouble here seeing aircraft you are riding in. does the future look like? We have beyond the next election. But they are What stunned me in this report was some options of what the future looks looking post-oil they say. They recog- when I read that our earth now is only like. One of the options we do not have, nize that there will be a post-oil period. 5 degrees centigrade, that is 9 degrees though, is pumping oil we have not A thousand years of recorded history, Fahrenheit, warmer than it was in the found. So unless you think we are we have been in the age of oil about last ice age. Wow, what a huge change going to find more oil than this chart 100, 150 years. If it is half gone and if it in climate, a relatively small change in indicates, and of course it will not be a follows a bell curve, as it did in our temperature makes, just 9 degrees smooth, down curve like that. It will country and it probably will in the cooler Fahrenheit, and we had glaciers be up and down but generally it will be world, you have probably got another that came down to southeast Ohio. down most people recognize. Well, we 100, 150 years of oil, with ever increas- They came down that far, scooping up can use all sorts of enhanced oil recov- ing costs and ever decreasing amounts the dirt and from it you can see where ery techniques and pump it sooner, and as we get the oil, which is harder and it melted and left the mounds of gravel you may get a little more from those harder to get. and dirt there where they came down enhanced recovery techniques, but you Climate change presents a unique that far. cannot pump what you have not found. challenge for economics. It is the Well, I am very pleased to be joined So this shows you very graphically. greatest and widest ranging market by one of the Nation’s leading voices If you had only one graph to look at to failure ever seen. The benefits of and authorities on climate change, my help you understand what we are fac- strong, early action on climate change colleague, also from the great State of ing in terms of peak oil, this would be outweigh the costs they say. Maryland, Congressman GILCHREST. the graph. So you understand now why So this is a little chart that shows Mr. GILCHREST. I thank the gen- this second group is really concerned where these gases come from. Just a tleman from Maryland (Mr. BARTLETT) about our use of fossil fuels, particu- moment of explanation as to why the for yielding and for having this time larly oil, because it is very probable use of oil and so forth produces climate we can discuss these issues of energy, that the world is going to reach its change. its ramifications to national security, maximum production of oil, maybe has When you go out into your car this the environment and to the economy. I already, but if not now, very soon, and evening, if you go out, if it is parked would like to reiterate some of the the demand for oil, which has been outside and the sun is shining in, and if comments that Congressman BARTLETT going up at a roughly 2 percent per you go out before dark, your car will be has made as far as energy use, and it is

VerDate Aug 31 2005 03:14 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.087 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE H1266 CONGRESSIONAL RECORD — HOUSE February 6, 2007 a single issue, energy use, the ramifica- in Greenland or the Antarctic, then potential, in this century, to raise sea tions of our energy use now is to our you could see that 10,000 years ago, as levels by 3 feet. What will that do to economy, to our national security and Mr. BARTLETT mentioned earlier, the New York or Baltimore or Miami or all to our environment. temperature of the planet was about 5 the other low-lying communities Our energy use is dependent on fossil degrees centigrade cooler than it is throughout the world, the Thames fuel, and our whole economy then is de- now, and the value assessment of that River in London? Sea level rise would pendent on fossil fuel. Our national se- is evaluated by the makeup of the flood the City of London. Coastal ero- curity to a great extent is the rami- chemistry of the atmosphere 10,000 sion, coastal communities. The insur- fications of national security are as a years ago. ance industry in the United States, as result of where we get our fossil fuel One of those elements in the atmos- a result of climate change, global sources from throughout the world, phere was carbon dioxide. If you look warming and potential increasing vio- and fossil fuel burning has a pretty big at carbon dioxide, you would see that lent storms and sea level rise, and the impact on the environment. So our en- 10,000 years ago, there was about 180 insurance companies in the United ergy policy affects our economy, af- States are beginning to stop their parts per million of CO2 in the atmos- fects our national security and affects phere. homeowners insurance coverage for our environment. Now let us come ahead almost 10,000 these communities at risk along the Each of these, because it is fossil years to 1890 or 1900 and you evaluate gulf and Atlantic Coast. The insurance fuel, because like Mr. BARTLETT said, companies of the United States and CO2 in the atmosphere at that point. two-thirds of our energy sources for oil You would see that in 10,000 years, you Lloyd’s of London, the only reinsur- come from foreign sources, that makes ance company that I know of in the increased the amount of CO2 in the at- our economy fragile. That makes our mosphere from 180 parts per million to world that is continuing to cover these national security much more difficult, 280 parts per million. It took the earth homeowners, have doubled, tripled and and the ramifications to our environ- in its natural range of fluctuation quadrupled their premiums to look at ment is that it degrades our environ- 10,000 years to increase 100 parts per the risk. The other problem with increasing ment. million of CO . What I would like to discuss here is 2 CO and other greenhouse gases is what Now, let us project the next 100 2 the legacy of oil to our environment, it does to the actual chemical make-up years, which is essentially the indus- and the environment, in particular, is of our oceans. Our oceans have a cer- trial age. We have increased another our climate. The air, sea and land, tain balance in their Ph. It is just a lit- 100 parts per million. We are now at 380 upon which life exists on the planet de- tle bit above 7, and it has been that parts per million. So what took the pends to a great extent on the atmos- way for aeons of time. How long have natural forces in a natural range of phere, and the atmosphere, in order to the sharks been in the ocean? You hear fluctuation over a period of 10,000 years support life as we know it, as Mr. on shows in television that sharks have to increase 100 parts per million, in the BARTLETT described, has a certain heat been around for millions of years. industrial age we have done it in 100 balance to it in order for life to exist. Other creatures on our planet have That heat balance that we talk about years. been around for millions of years. is the greenhouse effect which keeps Now some people will say that has Some of the best habitat in the world the planet and its heat at a certain nothing to do with human activity, for ocean creatures are coral reefs. In- that is volcanoes, that is the natural temperature in order for us to live, creasing CO2 into the atmosphere and vegetation to grow, life in the sea to decaying of matters, that is nature the world’s oceans have absorbed fully producing that 100 parts per million. exist and life on the land. half of the CO2 that we have put into The greenhouse effect is as a result of The answer to that is this. You can dis- the atmosphere. The result of that, the the chemistry of the atmosphere and tinguish between the kind of CO2 that legacy of oil, burning fossil fuel, is it the chemistry of the atmosphere, comes from volcanoes or forest fires or makes the oceans more acidic. Ocean whether it is carbon, whether it is other natural sources from burning fos- chemistry would change, be more acid- methane, whether it is oxygen or sil fuel. Every human being has their ic and more corrosive. It could destroy whether it is water vapor, does hold own DNA marker. the vast resources we get from coral the heat of the sun’s rays enough for us b 1730 reefs by destroying the very fabric of to have life the way we know it, the the beginning of the ecology of the You can tell one human being from greenhouse effect. world’s oceans. The greenhouse effect has had huge another human being by their DNA. Warmer temperatures we have al- fluctuations over the eons of time that Carbon dioxide has a DNA; it has a ready begun to see cause more forest the earth has existed. We have ice ages, marker. It is a radioactive isotope, so fires, more infestations, more problems we have warming trends. So through- you can determine where this CO2 in with agriculture. Weather patterns be- out earth’s history we have had a nat- the atmosphere comes from. Is it com- come more violent in some places. ural range of fluctuation to the tem- ing from your automobile, or is it com- They become more unpredictable. The ing from a volcano in southeast Asia, perature, to CO2, to other greenhouse storm cycles are more violent and un- gases. That is a natural range. No huge or is it coming from a forest fire in predictable. Shifting vegetation zones, rapid fluctuations in that natural California or Brazil? we have already talked about sea level range of chemicals that make up the The radioactive isotopes are markers rise, habitat loss. atmosphere to hold on to the green- for CO2. It is very easily discerned that The Arctic ice cap at the top of the house effect. an extreme increase in CO2 has come world in the last 50 years has lost 40 The question is, when we debate this from human activity. What do we see percent of its ice volume, 40 percent. issue in Congress or in other political as a result? The list of dramatic ramifications of situations, are humans impacting the We see warmer air temperatures and not addressing one of the problems of climate? Are humans the cause of a warmer sea temperatures. What are the legacy of oil and our dependence on warming trend? some of the results of that? Sea water it is climate change, is global warming. Well, let us take a look at that. is warming; the atmosphere is warm- What are some of the answers to Right now, is there a warming trend? I ing. Fuel for hurricanes is warm air this? Well, Mr. BARTLETT has made would say that every single scientist in and warm sea water. So we are seeing some comments about this, but we the United States, throughout the a fairly dramatic increase in stronger have a bill on the Senate side, on the planet who is a meteorologist or an at- hurricanes. House side. Mr. BARTLETT is a cospon- mospheric chemist or anybody in that What are some of the other implica- sor. JOHN OLVER from Massachusetts is scientific community, every single one tions of increasing temperatures as a a cosponsor. A number of our col- of them will say that, yes, we are in a result of burning fossil fuel, human ac- leagues have gotten on this bill to try warming trend and we have been in a tivity? That is sea level rise. to understand the nature of this prob- warming trend for the past 10,000 years. Sea level rise from the melting of the lem, at least part of our dependence on If you could go back 10,000 years Arctic ice, Arctic glacier such as fossil fuel, which is global warming, using ice cores drilled into the glaciers Greenland and the Antarctic has the climate change.

VerDate Aug 31 2005 03:14 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.089 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE February 6, 2007 CONGRESSIONAL RECORD — HOUSE H1267 We think the debate is over. The de- see that a large amount of time and energy in this country which we control bate is over because the science is clear ergy must be invested in these alter- feed machines which makes each of us that human activity is causing the cli- natives before they yield any meaning- a master of an army of mechanical mate to change and all those other ful amount of replacement for the fos- slaves? Now at that time we didn’t im- problems or ramifications of increasing sil fuels, which are so abundant and so port any, so he could say we controlled carbon dioxide in the atmosphere. We energy rich. it. Now we import almost two-thirds of need to take action now to stop global Let me give you just one little exam- what we use. warming. We subject our economy, our ple of some of the unintended con- Another writer has indicated the in- national security, our way of life to sequences of trying to do this. This is a credible amount of energy in fossil great risk and catastrophic harm. We big push to make ethanol from corn in fuels in oil. Let me give you the analo- have a bipartisan bill that will reduce our country. We have noted that the gies he uses, and then I will read the the Nation’s greenhouse gas emissions Brazilians are making ethanol from ones that Hyman Rickover gave in that substantially and in a timely fashion. sugar cane, and they now don’t have to speech 50 years ago. One barrel of oil We have a series of Fortune 500 com- import any oil. We would like to emu- produces the energy equivalent of 12 panies from Alcoa to BP to Caterpillar late them and make enough ethanol men working all year for you. to Duke Energy to DuPont to a number from corn that we will not have to im- If you figure the price that you could of environmental groups that support port oil. That, by the way, is the im- hire a man, the equivalent a man to the Federal Government making a goal possible dream. That will not happen. work for you, by buying $10 of fossil of reducing greenhouse gases by the With the relatively small amount of fuel, of oil, it will work a full year for year 2050 to 70 percent below 1990 lev- ethanol that we are now making, and you. Now let me read what Hyman els, creating a regulatory structure to there aren’t very many E–85 pumps or Rickover said 50 years ago and more so do that. blends of ethanol in gasoline in this today. Man’s muscle power is rated at Then these companies that I just part of the country, there are in the 35 watts continuously, 1⁄20 of a horse read say that the market can resolve Midwest, but with the relatively small power. That is 24/7. You can do a little the issue. It would create a cap and amount of ethanol that we are making, better than that when you are working, trade program with large tax incen- the demand for corn raised the price of but you have to eat, sleep, so forth. tives to unleash the ingenuity of the corn from $2.11 a bushel in September Machines, therefore, furnish every American free marketplace to capture to $4.08 in December. That is causing a American and industrial worker with the technology, which will make us huge problem for our people that raise energy equivalent to that of 244 men. much more economically viable to use animals. Wow. How many man-months of work efficiency, technological advances, al- We are having a meeting in a few without any energy from fossil fuels ternative fuels. This will reduce over a days with a number of our dairy people would it have taken to build your auto- period of decades not only our depend- from Maryland. Unless milk goes up to mobile? ence on fossil fuel from foreign sources, more, I think it is about $14 per 100, While at least 2,000 men push his not only improve our economy, not now it needs to be at least $18 before automobile along the road and his fam- only improve our national security sit- they can break even. ily is supplied with 33 faithful house- uation with the rest of the world, but With this kind of a price for food for hold helpers. Each locomotive engi- drastically begin to improve our envi- their animals, they will go bankrupt. neer, he says, controls energy equiva- ronment. The U.S. can take the lead in So the relatively small demand for lent to that of 100,000 men. Each jet finding solutions to this seemingly in- corn to make the relatively small pilot of 700,000 men. tractable problem. amount of ethanol that we are making You know, thinking of that jet pilot The Federal Government sets a goal now has essentially doubled the price in that plane up there just the other with the regulatory structure, the mar- of corn. day, and I look at those contrails and ket produces the results, and human What this does is to reflect the enor- sometimes they are the only cloud-like ingenuity, once again, solves some of mous amount of energy that is in these things in the sky, it finally occurred to the problems. I want to thank Con- fossil fuels. There they are really en- me the dynamics of this CO2 thing that gressman BARTLETT for the time and ergy dense. This chart shows some- Congressman GILCHREST was talking for his enormous interest in this issue thing about what has happened to our about, carbon; and that is what is in and his skill and expertise. world as a result of the incredible en- these fuels, is largely carbon and hy- Mr. BARTLETT of Maryland. I want ergy density in these fossil fuels. drogen. to thank my colleague very much for Hyman Rickover, and let me get a Carbon has a molecular weight of 12, joining us here. Congressman copy of his paper, it was not really a and hydrogen has a molecular weight GILCHREST mentioned market forces. paper, it was a talk that he gave to a of 1. It is the lightest element in the They are, indeed, very powerful. They group of physicians 50 years ago. The universe. When you burn this carbon, it have served us very well in this coun- anniversary of that will be May 14 of combines with oxygen, one molecule of try. They have provided for us the this year, and that was at a banquet of carbon with two molecules of oxygen. highest quality of life of any place in the annual scientific assembly of the Oxygen weighs 16. So what that says is, the world. But market forces are lim- Minnesota State Medical Association. Congressman GILCHREST, that if you ited. They cannot do what they cannot This talk had nothing to do with medi- weigh the gasoline that goes in your do. cine. He apologized for that at the be- car, you produce three times that As I noted somewhat humorously, ginning of his talk. But he thought weight in carbon dioxide. That is in- there are even some things that God that the physicians might enjoy some credible. cannot do. God can’t make a square diversion. Now, all of that carbon dioxide was circle, for instance. The market forces He was talking about the enormous taken out of the atmosphere a very are very powerful. As long as there are fossil energy in these fuels. Hyman long time ago. I didn’t know, as a little unlimited forces, market forces will Rickover, of course, is the father of our boy, where oil came from; but I did work. I remember mentioning to one of nuclear submarine. I had no idea that know where coal came from, because our very high government officials the he had given this talk. It just appeared we had a coal furnace in our house, and problem of limited oil supply in the fu- in the Energy Bulletin December 2 of I would have to break those big lumps ture. The response was, gee, I guess the last year, 2006. So it has only been out of coal. We bought it just as it came market will take care of that. in the general public for these couple of out of the mine. I guess when oil gets more expensive, months. we will use less of it, and then we will I noted this the other night that we b 1745 find alternatives. That is true. When need to hear this again, because this is When I would break a lump of coal oil prices get higher, we will use less of just so revealing as to what this energy open, there would be a fern leaf. No- it, and we will look for alternatives. has done for us. With high energy con- body had to tell me where coal came But when you look at the potential sumption goes a high standard of liv- from. I knew very well where it came for exploiting these alternatives, you ing. Does the enormous fossil fuel en- from. It came from plants that grew a

VerDate Aug 31 2005 03:14 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.090 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE H1268 CONGRESSIONAL RECORD — HOUSE February 6, 2007 very long time ago, they fell over and it will be tailing off and going Enormous benefits can accrue from under pressure and in time and they down the other side of what is com- this. Congressman GILCHREST men- became coal. monly called Hubbert’s Peak, oil will tioned the enormous creativity and en- So we were releasing incredible be ever more difficult to get and ever trepreneurship of our people. We put a amounts of carbon dioxide, which is a more costly. man on the moon in less than a decade. greenhouse gas, which will change the In another 100, 150 years we will have When you realize where we started acidity of the ocean. Fortunately car- transition to renewables, we will be from, that was a really big feat. We can bon dioxide is very soluble in water. steady-state, having used up the coal do this. We were challenged to do that. But it still changes the pH of the water we have, having gotten all of the en- Today, the average American does because it forms a very weak acid, car- ergy we can from these unconventional not know that oil is probably limited bonic acid, when it gets in the water. oil sources, like the tar sands of Can- in its future supply. They probably are Truly, the humblest American, Ad- ada and the oil shales of the United unaware, today is an interesting day to miral Rickover says, enjoys the serv- States. talk about the potential for global ices of more slaves than were once The next chart looks at what obvi- warming, because it is the coldest day owned by the richest nobles, and live ously we need to be about. And that is that we have had this winter. But I un- better than most ancient kings. In ret- addressing this problem. Now, whether derstand it is 20 degree above normal in rospect and despite wars, revolutions you believe that we need to reduce our Alaska and 20 degrees above normal and disasters, the 100 years just gone use of fossil fuels because it is a na- today in Russia. by, that was 1950, that is right here, tional security problem, whether you I just wanted to make a comment the 100 years just gone by, may well believe we need to reduce our use of about some of the potentially unex- seem like a Golden Age. fossil fuels because it is causing cli- pected consequences of this climate And what this chart shows here is the mate change, or whether you believe change. If you look at a globe, you will history of the world, energy wise, for we need to reduce the use of fossil fuels see that England is way up there, about only about 400 years out of that 8,000 because they are just not going to be mid Canada. And I had to stop for a re- years that Admiral Rickover talks there in the quantities that we are fueling flight in Ireland. That really is about. And the industrial revolution using today in the future, you still the Emerald Isle, it is so green. And began with wood, the brown curve here, must do the same things. that has a climate like, what, South and it did not produce very many quad- Well, the first thing that you need to Carolina. How can you have a climate do is to buy some time. We now, know- rillion BtUs of energy, and then coal, like South Carolina at a latitude of ing that we should have known at least and boy did the economy grow with central Canada? coal and trains and so forth. But then by 1980 that we were going to be here The reason for that is a huge con- today, because we were already 10 look what happened. It exploded when veyor belt that carries heat from the years down the other side of our we found gas and oil. And that is be- tropics to the British Isles and Europe. Hubbert’s Peak in this country, and M. cause gas and oil are so easy to change And that huge conveyor belt is called King Hubbert had already predicted into compounds that we can readily get the Gulf Stream. And the Gulf Stream that the world would be peaking about energy from. picks up heat in the Gulf area near the now. And they are much more adaptable For these last 27 years, we should equator, and it then carries that like a and flexible than coal. Although you have been addressing this problem and giant conveyor belt up to the British can get gas and oil from coal. Hitler investing energy and time in alter- Isles and Europe. They have a very moderate climate had to do that when we cut off his oil natives. Unfortunately, we in large compared to what they would have in supplies, and under embargoes South measure have not done that. And so the absence of the Gulf Stream. Now, Africa had to do that. We may be turn- today we are faced with a problem. We ing to that again shortly. have no excess oil, no excess oil energy water is not piling up up there around As I mentioned, Madam Speaker, to invest in alternatives. If there were Europe and England, so it is obvious there are three groups that really have any excess it would not be $55, $60 a that if it flows up there and carries common cause in talking about the use barrel. And we have essentially run out that heat up there, it has got to come of these fossil fuels. One is that very of time. back. large and growing group of people, in- Now, we can buy some time and free It comes back by going down. And cluding our Secretary of State, who are up some oil with an aggressive program why does it go down? We will talk concerned that our growing dependence in conservation. And you really can do about that in just a moment. Then it on foreign oil is a very serious national that. Europe is using half the energy comes back flowing in just a large as security risk. that we use. It would be hard to argue volume and just as fast, it comes back Well, what do we do? We obviously that they do not live as comfortably as to the lower part of this big conveyor need to use less of it. The President we do. The average Californian uses 65 belt. Again in the tropics, picking up says we are hooked on it, we need to percent of the electricity that we use. more heat, and continues this transfer use less of it. And we can use less of it And there are 50 some of those in our of heat to the British Isles and Eng- two ways. One. We can simply conserve Congress. I doubt that any would agree land. and be more efficient. And we have that they live less well than we do, and Well, a very interesting thing is hap- done some of that. We can do a great they still use a lot less energy than we pening to this conveyor belt. The wa- deal more of that. use. ters as they flow north, they are warm. The second thing that we can do is to What we need to do then is use it And the sun shines on them, and water get energy from alternatives. As this wisely. What will we do with this en- evaporates. And when the water evapo- chart shows, and as Dr. Rickover men- ergy that we freed up and the time that rates, it leaves the salt there. And that tioned, there will come a time when we have bought by this aggressive con- makes the water more salty and heav- the world will be getting less and less servation program? We have to invest ier. And of course that is what pro- energy from fossil fuels, and finally at that wisely in alternatives. duces the rains that then drops in our some point in history down the road, Now whichever of these camps that mountains and produces the indirect we will be getting essentially no en- you come from, whether it is the cli- solar energy from the waterfalls that ergy from fossil fuels, because obvi- mate change camp, or the camp that is we use the turbines in to produce elec- ously they are not infinite in their sup- concerned that we are too dependent tricity. ply and they will not last forever. on foreign oils, that is going to be a big Well, two things are happening. A In 8,000 years of recorded history, the national security risk, or whether you major one is the fact that the polar ice Age of Oil will represent but a blip in believe that we need to move from fos- cap is melting. And a lot of that fresh terms of energy production, a pretty sil fuels to alternatives simply because water, water without saline in it, very big blip. But we are probably about there are going to be less and less, and light compared to this heavy water, it halfway through the age of oil. In an- more and more expensive fossil fuels in is in addition to the general global other 100, 150 years if M. King Hubbert the future, you still want to do essen- warming of the oceans, it is the effect is correct and we are now at the peak, tially the same thing. of this polar ice cap melting. And

VerDate Aug 31 2005 03:14 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.092 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE February 6, 2007 CONGRESSIONAL RECORD — HOUSE H1269 strangely the melting of the polar ice Antarctica, that is a continent that no- By the way, Congressman, one of the cap may so dilute the waters in the body owns. I think Argentina claims things that amazed me there, when I Gulf Stream that they do not become they own it, and Russia claims they was down there the sun was shining all dense enough to drop down to continue own it, but nobody honors those state- day long and the wind blew inces- this conveyor belt on back down to the ments. It is an international area. santly. I didn’t see any solar panels tropics. It has got ice piled nearly 2 miles down there, and I didn’t see any wind The Gulf Stream could stop. If the high. So high and so heavy that it has machines down there. In the summer Gulf Stream slows down appreciably, actually pushed the continent down a down there, in their summer, our win- or if it stopped, the climate in the Brit- little bit under it. 90 percent of all the ter, they could clearly make all of ish Isles and in Europe would be very, world’s ice is in Antarctica, and 70 per- their energy from the wind and from very different than it is today. cent of all the world’s fresh water. You solar. It just reflects the President’s Now, if we were in Siberia talking take our Great Lakes and all of the rel- wise observation that we are hooked on about global warming and so forth, we atively thin ice at the North Pole and oil. We are so hooked on oil that we are may have a very different view of it. It Greenland, that is relatively thin com- really quite irrational in our use of it. might be hard to convince me that a pared to nearly 2 miles in Antarctica. You had a comment? little global warming might not be So we have 90 percent of the ice down Mr. GILCHREST. Mr. BARTLETT and I good if I lived in Siberia. But noting there and 70 percent of the fresh water. have been down there twice, the first that just this 9-degree Fahrenheit, 5 And Congressman GILCHREST men- time I went was probably about 10 degrees Centigrade change from the Ice tioned that the oceans would rise years ago, and the supply ship to get to Age has produced the incredible cli- maybe 3 feet with the melting of the McMurdo station had to break ice. I be- mate changes that we see from that glacial cap in Greenland and so forth lieve it was about 12 miles from open time to this, you see the potential for and in the Arctic. If all of the ice melt- water to McMurdo. And then after the really devastating climate changes as a ed, that would take a very long time, ice shelf or that huge chunk of the gla- result of very modest changes in tem- that is not going to happen tomorrow cier broke off about the size of Dela- perature. Congressman GILCHREST. because there is a whole lot of it there. ware, it was close to 30-something Mr. GILCHREST. If the gentleman But if all of the ice melted in Antarc- miles that they had to break that ice would yield just for a second on the tica, I am told that the oceans would from open water all the way to issue of the Gulf Stream and the con- rise 200 feet. McMurdo station. So a few degrees, a veyer belt. As Mr. BARTLETT described b 1800 few changes have some pretty signifi- the conveyor belt, it is part of this cant dramatic events. Now, that would really, really change On just a lighter note, on one of whole system of the climate that we our world because I don’t know what are used to, because it creates this heat those trips, I can’t remember which percent of our population lives within one it was, we went to watch the pen- balance that humans over the last 200 feet altitude of the ocean. I suspect thousands of years have become used guins. The first time I was in the Ant- it is more than 50 percent, if you look arctic they didn’t have that far to go to in North America and especially Eu- around the world of the people that rope and England. to get to open water. The Adelie pen- live at less than 200 feet altitude. guins, the second time, as a result of Mr. BARTLETT talked about Ireland Now, there is an interesting ocean the increasing ice because it was being just about on the same latitude current that goes around Antarctica, blocked, had to go miles and miles and as northern Labrador, but has a much talking about ocean currents and their miles, and unfortunately it really re- warmer climate. That is partly based affect on climates, that is the circum- duced the population of those Adelie on the fact that ocean currents bring polar current. And what it does is it penguins in that part of the Ross ice warm air to that particular region. keeps the, like our gulf stream, it will With global warming, the ice cap on shelf. either let the cold air down if it is fur- Mr. BARTLETT of Maryland. They Greenland, which is about 600,000 ther south or keep it from coming have a very interesting rookery down square miles. The ice cap about 20 down if it is further north. This cir- there; we enjoyed seeing it. Both times years ago was melting at a rate of cumpolar stream around the Pole I was down we went out to the rookery about 20 cubic miles on an annual keeps the northern, down there, of to see the penguins. The big Emperor basis. About 5 years ago, it was melt- course, it is northern waters that are penguins, they didn’t like us; they wad- ing at the rate of about 50 some cubic warm, it keeps the northern waters dled off. And they scoot along on their miles. from coming down into Antarctica. bellies when they are moving fast, by Today, it is 80 cubic miles of free And if something happened that the way, rather than marching. water flowing into the northern part of stopped that circumpolar stream, the I am very pleased to have been joined the north Atlantic Ocean, putting what Antarctica polar ice cap might melt by Congressman GILCHREST. And again Mr. BARTLETT described, more fresh much more quickly than we anticipate I want to emphasize that we have three water, less likely to sink or drop and that it might melt. groups that have a common cause: create the pump that drives the con- As an indication of how much these those that are concerned about oil and veyor belt. ocean currents affect climate, about 5 national security, those that are con- So the unexpected climate changes, years ago, I guess it was, an iceberg cerned about the excessive use of fossil instead of the potential for a much broke off down in Antarctica, which fuels and the climate change that may warmer climate in Europe, especially was the size of Delaware. And in spite very well result from that, and those of northern Europe, there is a slight of the circumpolar current, some us, and I am with all of those groups chance because of global warming that northern warm waters do get through actually, but I am particularly con- you could have a much colder climate it and down there to temper the cli- cerned about the fact that we may in northern Europe, the British Isles as mate a little, and that usually melts muddle through the national security a result of the fresh water pouring into the sea ice enough so that they could thing and somehow God may save us the north Atlantic from the melting of get a boat in that is full of diesel file to from the global warming, but nothing the glaciers to stop this conveyor belt McMurdo, which is where the main sta- is going to save us if there really is a from functioning, the unpredictability tion is. You fly from there to the Pole. limited supply of oil. of this climate change as a result of And because that big iceberg the size of So, I am very pleased to be joined by our dependance on foreign sources of Delaware blocked the flow of this my colleague, and I join all of those in oil and burning fossil fuel. water that year, and that was 4 years these three camps. We really do have Mr. BARTLETT of Maryland. Madam ago, it was so cold there that the sea common cause. Please join and help us Speaker, Congressman GILCHREST and I ice didn’t melt, and the closest they do the right thing. have both been twice to Antarctica. could get, with the help, by the way, of f One of those trips we made together. a Russian ice-breaker, the closest they We are on the Science Committee. We could get was 3 miles out, so they laid LEAVE OF ABSENCE have a large experiment station down a hose 3 miles across the ice to fill By unanimous consent, leave of ab- there right at the pole. When you go to their tanks at McMurdo. sence was granted to:

VerDate Aug 31 2005 03:14 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.093 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE H1270 CONGRESSIONAL RECORD — HOUSE February 6, 2007 Mr. LAMPSON (at the request of Mr. 514. A letter from the Chairman, Council of PUBLIC BILLS AND RESOLUTIONS HOYER) for today. the District of Columbia, transmitting a Under clause 2 of rule XII, public Mr. ROYCE (at the request of Mr. copy of D.C. ACT 16-676, ‘‘School Without Walls Development Project Temporary bills and resolutions were introduced BOEHNER) for today on account of ill- Amendment Act of 2007,’’ pursuant to D.C. and severally referred, as follows: ness. Code section 1-233(c)(1); to the Committee on By Mr. LEWIS of Kentucky (for him- f Oversight and Government Reform. self, Mr. PAUL, and Mr. ROGERS of SPECIAL ORDERS GRANTED 515. A letter from the Chairman, Council of Kentucky): the District of Columbia, transmitting a H.R. 833. A bill to amend the Internal Rev- By unanimous consent, permission to copy of D.C. ACT 16-674, ‘‘National Associa- enue Code of 1986 to exclude from gross in- address the House, following the legis- tion for the Advancement of Colored People come interest received on loans secured by lative program and any special orders Grant Authority Temporary Act of 2007,’’ agricultural real estate and rural housing; to heretofore entered, was granted to: pursuant to D.C. Code section 1-233(c)(1); to the Committee on Ways and Means. (The following Members (at the re- the Committee on Oversight and Govern- By Mr. WELLER: ment Reform. H.R. 834. A bill to provide permanent relief quest of Mr. MCDERMOTT) to revise and from the marriage penalty under the Inter- extend their remarks and include ex- 516. A letter from the Chairman, Council of nal Revenue Code of 1986; to the Committee traneous material:) the District of Columbia, transmitting a on Ways and Means. Mr. EMANUEL, for 5 minutes, today. copy of D.C. ACT 16-675, ‘‘Fiscal Year 2007 By Mr. ABERCROMBIE (for himself, Operating Cash Reserve and Revised Revenue Ms. WOOLSEY, for 5 minutes, today. Ms. HIRONO, Mr. FRANK of Massachu- December Allocation Temporary Act of setts, and Ms. WATERS): Mr. GEORGE MILLER of California, for 2007,’’ pursuant to D.C. Code section 1- 5 minutes, today. H.R. 835. A bill to reauthorize the programs 233(c)(1); to the Committee on Oversight and of the Department of Housing and Urban De- Mr. PALLONE, for 5 minutes, today. Government Reform. velopment for housing assistance for Native Mrs. MCCARTHY of New York, for 5 517. A letter from the Deputy Archivist, Hawaiians; to the Committee on Financial minutes, today. National Archives and Records Administra- Services. Mr. MCDERMOTT, for 5 minutes, tion, transmitting the Administration’s final By Mr. SMITH of Texas (for himself, today. rule — Use of NARA Facilities [NARA-06- Mr. FORBES, Mr. GALLEGLY, Mr. Mr. DEFAZIO, for 5 minutes, today. 0005] (RIN: 3095-AB55) received December 21, CHABOT, Mr. DANIEL E. LUNGREN of Ms. NORTON, for 5 minutes, today. 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the California, Mr. COBLE, Mr. FRANKS of Ms. CORRINE BROWN of Florida, for 5 Committee on Oversight and Government Arizona, Mr. GOODLATTE, and Mr. minutes, today. Reform. PENCE): 518. A letter from the Director, Office of H.R. 836. A bill to amend title 18, United Mr. SPRATT, for 5 minutes, today. States Code, to better assure cyber-security, (The following Members (at the re- Federal Housing Enterprise Oversight, transmitting pursuant to the requirements of Sec- and for other purposes; to the Committee on quest of Mr. PAUL) to revise and extend tion 4 of the Government Performance and the Judiciary. their remarks and include extraneous Results Act of 1993, the Office’s annual Per- By Mr. SMITH of Texas (for himself, material:) formance and Accountability Report for FY Mr. FORBES, Mr. GALLEGLY, Mr. Mr. TIAHRT, for 5 minutes, today and 2006; to the Committee on Oversight and CHABOT, Mr. FEENEY, Mr. DANIEL E. February 7. Government Reform. LUNGREN of California, Mr. FRANKS of Arizona, and Mr. PENCE): Mr. GINGREY, for 5 minutes, today. 519. A letter from the Director, Office of H.R. 837. A bill to amend title 18, United Mr. DUNCAN, for 5 minutes, today. Personnel Management, transmitting the Of- States Code, to protect youth from exploi- f fice’s final rule — Implementation of Title II tation by adults using the Internet, and for of the Notification and Federal Employee ADJOURNMENT other purposes; to the Committee on the Ju- Antidiscrimination and Retaliation Act of diciary. Mr. BARTLETT of Maryland. Mr. 2002 — Reporting & Best Practices (RIN: 3206- By Mr. BISHOP of Utah (for himself AK55) received December 22, 2006, pursuant Speaker, I move that the House do now and Mr. CANNON): to 5 U.S.C. 801(a)(1)(A); to the Committee on H.R. 838. A bill to provide for the convey- adjourn. Oversight and Government Reform. The motion was agreed to; accordance of the Bureau of Land Management par- 520. A letter from the Director, Office of ingly (at 6 o’clock and 5 minutes p.m.), cels known as the White Acre and Gambel Personnel Management, transmitting the Of- Oak properties and related real property to the House adjourned until tomorrow, fice’s final rule — Awards (RIN: 3206-AL06) Park City, Utah, and for other purposes; to Wednesday, February 7, 2007, at 10 a.m. received January 9, 2007, pursuant to 5 U.S.C. the Committee on Natural Resources. f 801(a)(1)(A); to the Committee on Oversight By Mr. BISHOP of Utah: and Government Reform. H.R. 839. A bill to authorize the Secretary EXECUTIVE COMMUNICATIONS, 521. A letter from the Attorney Advisor, of the Interior to study the feasibility of en- ETC. Department of Homeland Security, transmit- larging the Arthur V. Watkins Dam Weber Under clause 8 of rule XII, executive ting the Department’s final rule — Draw- Basin Project, Utah, to provide additional communications were taken from the bridge Operation Regulations; Amendment water for the Weber Basin Project to fulfill the purposes for which that project was au- Speaker’s table and referred as follows: [USCG-2001-10881] (RIN: 1625-AA36) received January 29, 2007, pursuant to 5 U.S.C. thorized; to the Committee on Natural Re- 510. A letter from the Assistant Legal Ad- 801(a)(1)(A); to the Committee on Transpor- sources. viser for Treaty Affairs, Department of tation and Infrastructure. By Ms. CARSON (for herself, Mr. DAVIS State, transmitting Copies of international of Kentucky, Ms. LEE, and Mr. 522. A letter from the Secretary, Depart- agreements, other than treaties, entered into RENZI): by the United States, pursuant to 1 U.S.C. ment of Transportation, transmitting a re- H.R. 840. A bill to amend the McKinney- 112b; to the Committee on Foreign Affairs. port entitled, ‘‘Fundamental Properties of Vento Homeless Assistance Act to consoli- 511. A letter from the Assistant Legal Ad- Asphalts and Modified Asphalts-II’’ sub- date the housing assistance programs for viser for Treaty Affairs, Department of mitted in accordance with Section 6016(e) of homeless persons under title IV of such Act, State, transmitting Copies of international the Intermodal Surface Transportation Effi- and for other purposes; to the Committee on agreements, other than treaties, entered into ciency Act of 1991 (ISTEA), Pub. L. 102-240, Financial Services. by the United States, pursuant to 1 U.S.C. and Section 5117(b)(5) of the Transportation By Ms. FOXX: 112b; to the Committee on Foreign Affairs. Equity Act of the 21st Century (TEA-21) and H.R. 841. A bill to amend the Federal char- 512. A communication from the President the extension of those provisions through FY ter of the Military Order of the Purple Heart of the United States, transmitting a report 2006; to the Committee on Transportation of the United States of America, Incor- including matters relating to the interdic- and Infrastructure. porated, to authorize the corporation to ex- tion of aircraft engaged in illicit drug traf- 523. A letter from the American Legion, tend eligibility for associate membership in ficking, pursuant to 22 U.S.C. 2291-4; (H. Doc. transmitting the financial statement and the corporation to the spouse and siblings of No. 110-12); to the Committee on Foreign Af- independent audit of The American Legion a recipient of the Purple Heart; to the Com- fairs and ordered to be printed. proceedings of the 88th annual National Con- mittee on the Judiciary. 513. A letter from the Chairman, Council of vention of the American Legion, held in Salt By Mr. NORWOOD: the District of Columbia, transmitting a Lake City, Utah from August 25-31, 2006 and H.R. 842. A bill to provide for enhanced copy of D.C. ACT 16-677, ‘‘D.C. Housing Au- a report on the Organization’s activities for Federal, State, and local assistance in the thority Rent Supplement Temporary Amend- the year preceding the Convention, pursuant enforcement of the immigration laws, to ment Act of 2007,’’ pursuant to D.C. Code sec- to 36 U.S.C. 49; (H. Doc. No. 110-10); to the amend the Immigration and Nationality Act, tion 1-233(c)(1); to the Committee on Over- Committee on Veterans’ Affairs and ordered to authorize appropriations to carry out the sight and Government Reform. to be printed. State Criminal Alien Assistance Program,

VerDate Aug 31 2005 03:14 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K06FE7.095 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE February 6, 2007 CONGRESSIONAL RECORD — HOUSE H1271 and for other purposes; to the Committee on cations carriers by false pretenses, and the Colorado, and for other purposes; to the the Judiciary. sale or disclosure of such records obtained by Committee on Natural Resources. By Mr. BILIRAKIS: false pretenses; to the Committee on Energy By Ms. SOLIS: H.R. 843. A bill to amend the Internal Rev- and Commerce. H.R. 860. A bill to designate certain public enue Code of 1986 to provide to employers a By Mr. KNOLLENBERG: land as wilderness and certain rivers as wild tax credit for compensation paid during the H.R. 853. A bill to promote preventive and scenic rivers in the State of California, period employees are performing service as health care for Americans; to the Committee to designate Salmon Restoration Areas, to members of the Ready Reserve or the Na- on Ways and Means, and in addition to the establish the Sacramento River National tional Guard; to the Committee on Ways and Committee on Energy and Commerce, for a Recreation Area and Ancient Bristlecone Means. period to be subsequently determined by the Pine Forest, and for other purposes; to the By Mr. BILIRAKIS: Speaker, in each case for consideration of Committee on Natural Resources. H.R. 844. A bill to amend the Internal Rev- such provisions as fall within the jurisdic- By Mr. STEARNS (for himself and Mr. enue Code of 1986 to provide a tax credit to tion of the committee concerned. BOUCHER): employers for the value of the service not By Mr. LARSON of Connecticut (for H.R. 861. A bill to amend title 18, United performed during the period employees are himself, Mr. LEWIS of Georgia, Ms. States Code, to provide a national standard performing service as members of the Ready DELAURO, Ms. MATSUI, Mr. HASTINGS in accordance with which nonresidents of a Reserve or the National Guard; to the Com- of Florida, Mr. GRIJALVA, Mr. KEN- State may carry concealed firearms in the mittee on Ways and Means. NEDY, Mr. CONYERS, Mr. NADLER, Mr. State; to the Committee on the Judiciary. By Mr. CHABOT (for himself, Mr. BERMAN, Mr. ROTHMAN, Mr. MOORE of By Mr. STUPAK: SMITH of Texas, Mr. GALLEGLY, Mr. Kansas, Mr. CAPUANO, Mr. KUCINICH, H.R. 862. A bill to provide for the return of DANIEL E. LUNGREN of California, Mr. Ms. WOOLSEY, Ms. LEE, Mr. WEXLER, the Fresnel Lens to the lantern room atop FRANKS of Arizona, and Mr. PENCE): Mr. SERRANO, Ms. CASTOR, Ms. ZOE Presque Isle Light Station Lighthouse, H.R. 845. A bill to improve and consolidate LOFGREN of California, Ms. WATSON, Michigan, and for other purposes; to the Committee on Transportation and Infra- the law relating to restitution in criminal Mr. BRADY of Pennsylvania, Mr. structure. cases; to the Committee on the Judiciary. SPRATT, Mr. AL GREEN of Texas, Mr. By Mr. THOMPSON of Mississippi: By Mr. CHABOT (for himself, Mr. FATTAH, Mr. CUMMINGS, Mr. ENGEL, MITH ALLEGLY H.R. 863. A bill to improve communications S of Texas, Mr. G , Mr. Ms. JACKSON-LEE of Texas, Ms. SHEA- ANIEL UNGREN interoperability for emergency response; to D E. L of California, Mr. PORTER, Ms. SLAUGHTER, Mr. STARK, OBLE RANKS the Committee on Energy and Commerce, C , Mr. F of Arizona, and Mr. CLEAVER, Mr. COHEN, Mr. BACA, ENCE and in addition to the Committee on Home- Mr. P ): and Mr. ELLISON): H.R. 846. A bill to amend title 18, United H.R. 854. A bill to authorize the Secretary land Security, for a period to be subsequently determined by the Speaker, in each States Code, with respect to fraud in connec- of Health and Human Services to award case for consideration of such provisions as tion with major disaster or emergency funds; grants to eligible entities to prevent or al- fall within the jurisdiction of the committee to the Committee on the Judiciary. leviate the effects of youth violence in eligi- concerned. By Mr. COOPER: ble urban communities by providing vio- H.R. 847. A bill to amend the Internal Rev- By Mr. TOWNS (for himself and Mr. lence-prevention education, mentoring, enue Code of 1986 to require that amounts UPTON): counseling, and mental health services to paid for employer-provided coverage under H.R. 864. A bill to amend title XVIII of the children and adolescents in such commu- accident or health plans be included on W-2 Social Security Act to provide for reim- nities; to the Committee on Energy and Forms; to the Committee on Ways and bursement of certified midwife services and Means. Commerce, and in addition to the Committee to provide for more equitable reimbursement By Mr. FORTUN˜ O: on Education and Labor, for a period to be rates for certified nurse-midwife services; to H.R. 848. A bill to amend the State Depart- subsequently determined by the Speaker, in the Committee on Ways and Means, and in ment Basic Authorities Act of 1956 to au- each case for consideration of such provi- addition to the Committee on Energy and thorize assistance to combat HIV/AIDS in sions as fall within the jurisdiction of the Commerce, for a period to be subsequently certain countries of the Caribbean region; to committee concerned. determined by the Speaker, in each case for the Committee on Foreign Affairs. By Mr. DANIEL E. LUNGREN of Cali- consideration of such provisions as fall with- By Mr. GALLEGLY: fornia (for himself, Mr. COBLE, Mr. in the jurisdiction of the committee con- H.R. 849. A bill to amend the Internal Rev- CHABOT, Mr. GALLEGLY, Mrs. DRAKE, cerned. enue Code of 1986 to require the Secretary of Mr. MILLER of Florida, Mr. HERGER, By Mr. YOUNG of Alaska: the Treasury to notify the Secretary of Mr. GINGREY, Mr. FOSSELLA, Mr. H.R. 865. A bill to grant rights-of-way for Homeland Security of employer returns MCKEON, Ms. GINNY BROWN-WAITE of electric transmission lines over certain Na- showing the employment of individuals not Florida, Mr. MCCARTHY of California, tive allotments in the State of Alaska; to authorized to be employed in the United Mr. SESSIONS, Mr. POE, Mr. the Committee on Natural Resources. States and to notify the employers that they MCCOTTER, Mrs. MYRICK, Mr. PENCE, By Mr. DANIEL E. LUNGREN of Cali- must terminate the employment of those Mr. SMITH of Texas, and Mr. FRANKS fornia (for himself, Mr. BOUSTANY, employees, to provide an opportunity for of Arizona): Mr. CANNON, Mrs. EMERSON, Mr. KING those employees to contest the information, H.R. 855. A bill to amend title 18, United of Iowa, Mr. LEWIS of Kentucky, Mr. and for other purposes; to the Committee on States Code, to improve the criminal law re- NORWOOD, Mr. ROGERS of Alabama, Ways and Means, and in addition to the Com- lating to terrorism, and for other purposes; Mr. BARTLETT of Maryland, Mr. CAL- mittees on Education and Labor, and the Ju- to the Committee on the Judiciary. VERT, Mr. FRANKS of Arizona, Mr. diciary, for a period to be subsequently de- By Mrs. MALONEY of New York (for HUNTER, Mr. MCCOTTER, Mr. RADANO- termined by the Speaker, in each case for herself, Mrs. CAPPS, and Ms. CLARKE): VICH, and Mr. BACHUS): consideration of such provisions as fall with- H.R. 856. A bill to honor Susan B. Anthony H.J. Res. 22. A joint resolution proposing in the jurisdiction of the committee con- by celebrating her legacy on the third Mon- an amendment the Constitution of the cerned. day in February; to the Committee on Over- United States relating to marriage; to the By Mr. GALLEGLY: sight and Government Reform. Committee on the Judiciary. H.R. 850. A bill to amend the Internal Rev- By Mr. MCNULTY: By Mr. RANGEL: enue Code of 1986 to establish a procedure for H.R. 857. A bill to clarify the rules of origin H. Con. Res. 56. Concurrent resolution ex- determining whether individuals who are not for certain textile and apparel products; to pressing the sense of Congress that Arthur authorized to be employed in the United the Committee on Ways and Means. Schomburg should be recognized for his lead- States are so employed; to the Committee on By Mr. MELANCON (for himself, Mr. ership and contributions in documenting, re- Ways and Means, and in addition to the Com- BAKER, Mr. MCCRERY, Mr. JEFFER- cording, and researching the historical con- mittees on Education and Labor, and the Ju- SON, Mr. BOUSTANY, Mr. ALEXANDER, tributions to society of peoples of African de- diciary, for a period to be subsequently de- and Mr. JINDAL): scent and for his efforts to combat racial and termined by the Speaker, in each case for H.R. 858. A bill to amend the Emergency ethnic discrimination in the United States; consideration of such provisions as fall with- Supplemental Appropriations Act for De- to the Committee on the Judiciary. in the jurisdiction of the committee con- fense, the Global War on Terror, and Hurri- By Mr. RANGEL: cerned. cane Recovery, 2006 to authorize the Federal H. Con. Res. 57. Concurrent resolution rec- By Mr. GOHMERT (for himself, Mr. Emergency Management Agency to provide ognizing the contributions of the New York SMITH of Texas, and Mr. FRANKS of additional assistance to State and local gov- Public Library’s Schomburg Center for Re- Arizona): ernments for utility costs resulting from the search in Black Culture in educating the H.R. 851. A bill to modify the law with re- provision of temporary housing units to people of the United States about the Afri- spect to the death penalty, and for other pur- evacuees from Hurricane Katrina and other can-American migration experience, and for poses; to the Committee on the Judiciary. hurricanes; to the Committee on Transpor- other purposes; to the Committee on the Ju- By Mr. INSLEE (for himself and Mrs. tation and Infrastructure. diciary. BLACKBURN): By Mr. SALAZAR: By Mr. RANGEL: H.R. 852. A bill to prohibit the obtaining of H.R. 859. A bill to establish the Sangre de H. Con. Res. 58. Concurrent resolution ex- customer information from telecommuni- Cristo National Heritage Area in the State of pressing the sense of Congress that Madame

VerDate Aug 31 2005 03:14 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\L06FE7.100 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE H1272 CONGRESSIONAL RECORD — HOUSE February 6, 2007

C. J. Walker should be recognized for her alizing the Congress of the United States to H.R. 458: Mr. CUMMINGS and Mr. COHEN. achievements in business, her inventions, increase funding to dredge Michigan’s Deep- H.R. 460: Mr. PAYNE and Mr. CLAY. and her commitment the African-American Draft Great Lakes Ports and Waterways; to H.R. 464: Ms. CASTOR and Ms. WOOLSEY. community; to the Committee on Oversight the Committee on Transportation and Infra- H.R. 468: Ms. WOOLSEY. and Government Reform. structure. H.R. 473: Mr. FORTENBERRY and Mr. GER- By Mr. RANGEL: 7. Also, a memorial of the House of Rep- LACH. H. Con. Res. 59. Concurrent resolution ex- resentatives of the State of Michigan, rel- H.R. 493: Ms. SHEA-PORTER, Mr. ABER- pressing the sense of Congress that Zora ative to House Resolution No. 313 memori- CROMBIE, Mr. CUMMINGS, and Mr. SHERMAN. Neale Hurston should be recognized for her alizing the Congress of the United States to H.R. 500: Mr. MILLER of Florida, Mr. achievements as a novelist and anthropolo- approve full federal funding for the barriers ENGLISH of Pennsylvania, and Mr. FLAKE. gist, and for her contributions to the Harlem designed to protect the Great Lakes from H.R. 512: Mr. GONZALEZ, Mr. JEFFERSON, Renaissance movement; to the Committee Asian Carp; to the Committee on Transpor- Ms. WATSON, Ms. SLAUGHTER, Mrs. DAVIS of on Oversight and Government Reform. tation and Infrastructure. California, Ms. BORDALLO, Mr. ENGLISH of By Mrs. MALONEY of New York (for 8. Also, a memorial of the House of Rep- Pennsylvania, and Mr. WALSH of New York. herself, Mr. FOSSELLA, Mr. ENGEL, resentatives of the State of Michigan, rel- H.R. 524: Mr. LIPINSKI, Mr. MCNERNEY, Ms. Mr. TOWNS, Mr. WEINER, Mr. NADLER, ative to House Resolution No. 266 memori- KILPATRICK, and Ms. BORDALLO. Mr. ACKERMAN, Mr. SMITH of New alizing the Congress of the United States to H.R. 526: Mr. GORDON and Ms. WOOLSEY. Jersey, Mr. MCNULTY, Mr. DENT, Mr. enact the Hearing Aid Assistance Tax Credit H.R. 544: Mr. BACA. SERRANO, Mr. SHAYS, and Mr. Act; to the Committee on Ways and Means. H.R. 545: Mr. PETERSON of Minnesota, Mr. MICHAUD, Mr. SMITH of Washington, Mr. ISRAEL): f H. Res. 128. A resolution urging the Depart- RAMSTAD, and Ms. JACKSON-LEE of Texas. ment of Health and Human Services to pre- ADDITIONAL SPONSORS H.R. 549: Mr. MCCAUL of Texas, Mr. WALZ of Minnesota, Mr. MOORE of Kansas, Mr. pare a long-term, comprehensive plan to Under clause 7 of rule XII, sponsors REICHERT, and Mr. COLE of Oklahoma. medically monitor all individuals who were were added to public bills and resolu- exposed to the toxins of Ground Zero fol- H.R. 556: Mr. LATOURETTE, Mr. BUCHANAN, lowing the terrorist attacks of 9/11 and to tions as follows: and Mr. MILLER of North Carolina. treat all those sick or injured; to the Com- H.R. 25: Mr. HALL of Texas and Mr. LEWIS H.R. 566: Ms. WOOLSEY. mittee on Energy and Commerce. of California. H.R. 567: Ms. SHEA-PORTER and Mr. By Mr. HOYER: H.R. 26: Mr. WAMP and Mr. CAMPBELL of REHBERG. H. Res. 129. A resolution electing officers of California. H.R. 569: Mr. SAXTON, Mr. KAGEN, Ms. MAT- the House of Representatives; considered and H.R. 73: Mr. SESSIONS, Mr. GINGREY, Mr. SUI, Mr. MICHAUD, Ms. SHEA-PORTER, MS. agreed to. WICKER, and Mr. SIMPSON. SCHAKOWSKY, and Mr. LYNCH. By Ms. CARSON (for herself, Mr. BUR- H.R. 82: Mr. BAIRD, Mr. BOUSTANY, Ms. H.R. 579: Mr. JOHNSON of Georgia, Mrs. TON of Indiana, Mr. VISCLOSKY, Mr. GINNY BROWN-WAITE of Florida, Mr. CAPITO, Mr. GUTIERREZ, and Mr. ROGERS of DONNELLY, Mr. SOUDER, Mr. BUYER, CONAWAY, Mr. HALL of Texas, Mr. LEWIS of Alabama. Mr. PENCE, Mr. ELLSWORTH, and Mr. Kentucky, Mr. GARY G. MILLER of California, H.R. 582: Mr. HARE. HILL): Mr. MILLER of Florida, Mrs. CAPITO, Mr. PE- H.R. 584: Mr. RAHALL, Mr. CHANDLER, Mr. H. Res. 130. A resolution congratulating TERSON of Minnesota, Ms. PRYCE of Ohio, Mr. COOPER, Mr. PASTOR, Mr. ALTMIRE, Mr. the National Football League champion In- THOMPSON of California, and Mr. TIBERI. SERRANO, and Mr. MOORE of Kansas. dianapolis Colts for winning Super Bowl XLI H.R. 137: Mr. ELLISON, Mr. HALL of New H.R. 590: Mr. TERRY. and for bringing the City of Indianapolis and York, Mr. PERLMUTTER, Mr. WILSON of Ohio, H.R. 592: Mr. GUTIERREZ, Mr. ENGLISH of the State of Indiana their first Lombardi Mr. SPACE, Mr. KLEIN of Florida, Mr. KAGEN, Pennsylvania, Mr. BURTON of Indiana, Mrs. Trophy; to the Committee on Oversight and Ms. DEGETTE, Ms. GIFFORDS, Mr. SESTAK, NAPOLITANO, and Mrs. CAPPS. Government Reform. Mr. SARBANES, and Ms. CASTOR. H.R. 594: Mr. MCHUGH. By Mr. MEEK of Florida (for himself, H.R. 156: Mr. JOHNSON of Georgia, Mr. H.R. 607: Mr. SAXTON. Mr. LINCOLN DIAZ-BALART of Florida, ALTMIRE, Ms. JACKSON-LEE of Texas, and Mr. H.R. 620: Mr. HALL of New York, Mr. Mr. MARIO DIAZ-BALART of Florida, GONZALEZ. ELLISON, Mr. CONYERS, Mr. GRIJALVA, Mr. Ms. WASSERMAN SCHULTZ, Mr. H.R. 177: Mr. MEEKS of New York. PASTOR, Mr. LEWIS of Georgia, Mr. LYNCH, FEENEY, Mr. CRENSHAW, Mr. MACK, H.R. 180: Mr. ISRAEL, Mr. OLVER, Ms. Mr. DELAHUNT, Mrs. NAPOLITANO, Mr. ´ Mr. MILLER of Florida, Mr. WEXLER, MOORE of Wisconsin, Mr. OBERSTAR, Mr. PALLONE, Ms. VELAZQUEZ, Mr. WEXLER, Mr. Mr. HASTINGS of Florida, Mr. MICA, PRICE of North Carolina, and Ms. WOOLSEY. WYNN, and Mr. DAVIS of Illinois. Mr. BILIRAKIS, Mr. PUTNAM, Mr. KEL- H.R. 184: Mr. BONNER. H.R. 621: Mr. MCHUGH, Mr. GERLACH, Mr. LER, Ms. ROS-LEHTINEN, Mr. STEARNS, H.R. 196: Mr. JINDAL and Mr. ALTMIRE. ISRAEL, and Mr. WESTMORELAND. Mr. KLEIN of Florida, Mr. BUCHANAN, H.R. 197: Mr. MCCAUL of Texas, Mr. H.R. 622: Mr. MEEK of Florida and Mr. JEF- Ms. CORRINE BROWN of Florida, Mr. MCNERNEY, Mr. CLEAVER, Mr. MORAN of Vir- FERSON. MAHONEY of Florida, Mr. BOYD of ginia, and Mr. PATRICK MURPHY of Pennsyl- H.R. 623: Mr. WYNN, Mr. GRIJALVA and Mr. Florida, Ms. GINNY BROWN-WAITE of vania. SERRANO. Florida, and Ms. CASTOR): H.R. 211: Mr. LATOURETTE and Mr. MCCAR- H.R. 624: Mr. CLAY, Mr. MCNULTY, Mr. FIL- H. Res. 131. A resolution recognizing and THY of California. NER, Mr. GRIJALVA, Mr. MCGOVERN, and Mr. honoring the lifetime contributions of Rafael H.R. 224: Mr. GOHMERT, Mr. PEARCE, Mr. GEORGE MILLER of California. Jose Diaz-Balart on the dedication of the SAM JOHNSON of Texas, and Mr. PENCE. H.R. 631: Mr. MCCAUL of Texas and Mr. Rafael Diaz-Balart Hall at the Florida Inter- H.R. 225: Mr. MILLER of Florida, Mr. SHADEGG. national University College of Law; to the MCCOTTER, Mr. FEENEY, Mr. GOHMERT, Mr. H.R. 645: Mr. MORAN of Virginia. Committee on Education and Labor. SAM JOHNSON of Texas, Mr. MARSHALL, Mr. H.R. 654: Mr. PAUL, Ms. LEE, Mr. MOORE of By Mr. RANGEL: NEUGEBAUER, Mrs. CUBIN, Mr. GARRETT of Kansas, Mr. SHAYS, Ms. MCCOLLUM of Min- H. Res. 132. A resolution recognizing and New Jersey, Mrs. MYRICK, Mr. NORWOOD, and nesota, Mr. MCDERMOTT, Ms. SCHAKOWSKY, honoring the life and achievements of Con- Mr. SOUDER. Mr. MCNULTY, Mr. GRIJALVA, Mr. MEEKs of stance Baker Motley, a judge for the United H.R. 232: Mr. SMITH of Nebraska. New York, Mr. FARR, Mr. FILNER, Mr. States District Court, Southern District of H.R. 270: Mrs. DRAKE. SERRANO, and Mr. THOMPSON of California. New York; to the Committee on the Judici- H.R. 273: Mr. PAUL. H.R. 657: Mr. MCINTYRE. ary. H.R. 303: Mr. ALLEN, Ms. BERKLEY, Mr. H.R. 659: Mr. DENT, Mr. SHAYS, Mr. DAVID SPACE, and Mr. OBERSTAR. DAVIS of Tennessee, Mr. CUELLAR, Ms. JACK- f H.R. 327: Mr. MARKEY, Mr. KILDEE, Ms. SON-LEE of Texas, Ms. ZOE LOFGREN of Cali- MEMORIALS DELAURO, Mr. VAN HOLLEN, Mr. ALTMIRE, fornia, and Mr. SOUDER. and Mr. JEFFERSON. H.R. 664: Mr. CALVERT. Under clause 3 of rule XII, memorials H.R. 353: Mr. GUTIERREZ. H.R. 667: Mr. HUNTER, Mrs. TAUSCHER, Mr. were presented and referred as follows: H.R. 369: Mr. PAYNE and Mr. HARE. STARK, and Mr. EVERETT. 5. The SPEAKER presented a memorial of H.R. 395: Mr. MORAN of Virginia and Mr. H.R. 676: Mr. RUSH. the House of Representatives of the State of GILLMOR. H.R. 678: Mr. KENNEDY. Michigan, relative to House Resolution No. H.R. 400: Mr. MCGOVERN, Mr. JOHNSON of H.R. 692: Mr. FATTAH and Mr. TOWNS. 248 memorializing the Congress of the United Georgia, Ms. SCHAKOWSKY, Mr. DEFAZIO, Mr. H.R. 695: Mr. YARMUTH and Mr. PASCRELL. States to enact legislation to amend the def- ETHERIDGE, Ms. CORRINE BROWN of Florida, H.R. 698: Mr. BOREN, Ms. LORETTA SANCHEZ inition of ‘‘Physician’’ in the Medicaid pro- Mr. FATTAH, Ms. VELA´ ZQUEZ, and Ms. of California, Mr. BOSWELL, Mr. BISHOP of gram to include Podiatric Physicians; to the HIRONO. Georgia, Mr. DEAL of Georgia, Mr. JORDAN, Committee on Energy and Commerce. H.R. 418: Ms. KILPATRICK, Mr. POE, Mr. Ms. DEGETTE, Mr. WILSON of Ohio, Mr. 6. Also, a memorial of the House of Rep- SPRATT, Mr. COLE of Oklahoma, Mr. ETHERIDGE, and Mr. OBERSTAR. resentatives of the State of Michigan, rel- FALEOMAVAEGA, and Ms. JACKSON-LEE of H.R. 699: Mr. TERRY and Mr. HOEKSTRA. ative to House Resolution No. 288 memori- Texas. H.R. 700: Mr. KAGEN.

VerDate Aug 31 2005 03:14 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\L06FE7.100 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE February 6, 2007 CONGRESSIONAL RECORD — HOUSE H1273

H.R. 711: Mr. BLUMENAUER, Mrs. DRAKE, H.R. 782: Mr. LATOURETTE, Ms. SHEA-POR- H. Con. Res. 46: Mr. MILLER of North Caro- Ms. CORRINE BROWN of Florida, and Mr. TER, Mr. MARSHALL, Mrs. MALONEY of New lina, Mr. GUTIERREZ, Ms. BALDWIN, and Ms. GINGREY. York, Mr. BURTON of Indiana, and Mr. WIL- HIRONO. H.R. 714: Mr. PRICE of North Carolina. SON of Ohio. H. Res. 25: Mr. GRIJALVA, Mr. HOLT, Mr. H.R. 720: Mr. KAGEN, Mr. COSTELLO, Ms. H.R. 787: Mr. HARE. ISRAEL, Ms. SCHAKOWSKY, Ms. BERKLEY, Mrs. MATSUI, Mr. MITCHELL, Mr. NADLER, Ms. H.R. 800: Mr. SNYDER. MCCARTHY of New York, Mr. GUTIERREZ, and HIRONO, Mr. FALEOMAVAEGA, Mr. DEFAZIO, H.R. 811: Ms. BEAN, Mr. HARE, Mr. KAN- Mr. WEXLER. Mr. CUMMINGS, Mr. BOUCHER, Mr. GALLEGLY, JORSKI, Mr. TIM MURPHY of Pennsylvania, H. Res. 55: Ms. SCHAKOWSKY, Mr. MORAN of and Mr. ARCURI. Mr. LEVIN, and Ms. CASTOR. Virginia, Mr. VAN HOLLEN, Mr. AL GREEN of H.R. 721: Mr. ROYCE, Mr. DANIEL E. LUN- Texas, and Mr. MCDERMOTT. H.R. 819: Mr. ELLISON, Ms. ZOE LOFGREN of GREN of California, Mr. BOREN, Mrs. H. Res. 71: Ms. SCHAKOWSKY. California, Ms. LINDA T. SA´ NCHEZ of Cali- BLACKBURN, Mr. ROGERS of Kentucky, Ms. H. Res. 72: Mr. YOUNG of Florida, Ms. SHEA- fornia, Mr. SCOTT of Georgia, Mr. BERKLEY, Mr. PETERSON of Minnesota, Mr. PORTER, and Ms. JACKSON-LEE of Texas. RUPPERSBERGER, and Mr. RANGEL. BOSWELL, Mr. SMITH of Texas, Mr. HERGER, H. Res. 87: Mr. HARE, Mrs. DRAKE, Mr. GON- H.R. 820: Mr. PICKERING. Mr. ETHERIDGE, Mr. MCINTYRE, Mr. PICK- ZALEZ, and Mrs. MYRICK. H.J. Res. 3: Ms. EDDIE BERNICE JOHNSON of ERING, Mr. WU, Mr. OBERSTAR, Mr. EVERETT, H. Res. 97: Mr. BAIRD, Mr. HARE, Mr. Texas, and Mr. JOHNSON of Georgia. Mr. RENZI, Mr. GRAVES, Mr. MCCAUL of ALTMIRE, Mr. WELCH of Vermont, Ms. CAS- Texas, and Mr. LUCAS. H.J. Res. 14: Mr. MCNULTY, Mr. ALLEN, Mr. TOR, Ms. SCHWARTZ, Mrs. BOYDA of Kansas, H.R. 724: Mrs. MYRICK. CAPUANO, Mr. BOSWELL, and Ms. Mr. MILLER of North Carolina, and Mr. H.R. 725: Mrs. MYRICK. SCHAKOWSKY. HODES. H.R. 758: Mrs. BOYDA of Kansas. H.J. Res. 18: Mr. HALL of New York. H. Res. 100: Mrs. DAVIS of California, Ms. H.R. 759: Ms. WATSON and Mr. SERRANO. H. Con. Res. 26: Mr. BACA. SCHAKOWSKY, Mr. LEWIS of Georgia, Mr. H.R. 768: Mr. BONNER and Mr. FORBES. H. Con. Res. 27: Mr. NADLER, and Mr. NEAL MORAN of Virginia, Mr. SHAYS, Mr. BACA, Ms. H.R. 769: Mr. HOEKSTRA, Mr. FORBES, Mr. of Massachusetts. WATSON, and Ms. LINDA T. SA´ NCHEZ of Cali- BONNER, Mr. REGULA, and Mrs. MILLER of H. Con. Res. 39: Mrs. MALONEY of New fornia. Michigan. York, Mr. WAXMAN, Mr. CROWLEY, Ms. LEE, H. Res. 119: Mr. JONES of North Carolina, H.R. 780: Ms. SHEA-PORTER and Mr. Mr. BACA, Mr. MOORE of Kansas, and Mrs. Mr. GORDON, Mr. YOUNG of Alaska, Mr. SHIMKUS. JONES of Ohio. LYNCH, and Mr. HARE.

VerDate Aug 31 2005 03:14 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\A06FE7.030 H06FEPT1 jcorcoran on PROD1PC62 with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, FIRST SESSION

Vol. 153 WASHINGTON, TUESDAY, FEBRUARY 6, 2007 No. 22 Senate The Senate met at 10 a.m. and was U.S. SENATE, The ACTING PRESIDENT pro tem- called to order by the Honorable JON PRESIDENT PRO TEMPORE, pore. Is there objection? TESTER, a Senator from the State of Washington, DC, February 6, 2007. Without objection, it is so ordered. Montana. To the Senate: Under the provisions of rule I, paragraph 3, f of the Standing Rules of the Senate, I hereby MORNING BUSINESS PRAYER appoint the Honorable JON TESTER, a Sen- The ACTING PRESIDENT pro tem- The Chaplain, Dr. Barry C. Black, of- ator from the State of Montana, to perform pore. Under the previous order, there fered the following prayer: the duties of the Chair. will be a period for the transaction of Let us pray. ROBERT C. BYRD, morning business, with Senators per- Gracious God, who reveals Yourself President pro tempore. mitted to speak therein for up to 10 gloriously in the rising and setting Mr. TESTER thereupon assumed the minutes each, with the first half hour Sun, make us good stewards of Your chair as Acting President pro tempore. under the control of the majority and blessings. Give us opportunities to help f the next half hour under the control of solve the problems in our world by RESERVATION OF LEADER TIME the minority. using our minds to produce creative solutions. The ACTING PRESIDENT pro tem- f Inspire our Senators. As they abide pore. Under the previous order, the RECOGNITION OF MINORITY in Your presence, make them receptive leadership time is reserved. LEADER to Your guidance. Fill their minds with f The ACTING PRESIDENT pro tem- insight and wisdom, their hearts with RECOGNITION OF THE MAJORITY pore. The Republican leader is recog- resiliency and courage, and their bod- LEADER nized. ies with vigor and vitality. Today, give f them the grace to think not of what The ACTING PRESIDENT pro tem- they can get but of what they can give. pore. The majority leader is recog- IRAQ FUNDING nized. Empower them to practice conciliation Mr. MCCONNELL. Mr. President, at without compromise. Place Your arms f this time there is no more important of protection around them and their SCHEDULE issue facing our country than the mis- loved ones. sion and the fate of the American serv- Mr. REID. Mr. President, today the We pray in Your all-powerful Name. ice men and women in Iraq. This Senate will be in morning business. Amen. means, of course, that the men and During the period of morning business, women of this body have no higher the first 30 minutes will be controlled f duty than to express ourselves openly by the majority, with Senators LEAHY, and honestly on this issue—to take a MIKULSKI, and KENNEDY each control- PLEDGE OF ALLEGIANCE stand on where we stand. ling 10 minutes. The next 30 minutes The only truly meaningful tool the The Honorable JON TESTER led the will be controlled by the Republicans. Framers gave us to do this was our Pledge of Allegiance, as follows: Following that division, the remaining ability to fund or to not fund a war. I pledge allegiance to the Flag of the time until 12:30 will be equally divided That is it. And this is what Repub- United States of America and to the Repub- and controlled between the minority licans are insisting upon: that the lic for which it stands, one nation under God, and the majority. indivisible, with liberty and justice for all. Members of this body express them- The Senate will be in recess this selves on the question of whether to Tuesday, today, for a longer period of f fund or not fund the war in Iraq. time than normal, from 12:30 to 3:30. By blocking a vote on the Gregg The recess is longer because we have a funding resolution, our good friends on APPOINTMENT OF ACTING 2:30 p.m. briefing in room 407 on the the other side are blocking a vote on PRESIDENT PRO TEMPORE National Intelligence report we just re- this most essential question—the only The PRESIDING OFFICER. The ceived. question that ultimately matters. Do clerk will please read a communication ORDER OF PROCEDURE we oppose this war to the point of ac- to the Senate from the President pro I ask unanimous consent that the tion or do we simply want to make a tempore (Mr. BYRD). time from 3:30 to 6:30 today also be point? The assistant legislative clerk read equally divided and controlled between Our colleagues say they want the following letter: the majority and minority. progress in Iraq, but by blocking a vote

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

S1583

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.000 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1584 CONGRESSIONAL RECORD — SENATE February 6, 2007 on the McCain benchmarks resolution, strategy they know is doomed to failure, and carried it out so incompetently. Far bet- they are blocking a vote that would ac- shouldn’t you be skeptical of their advice? ter for them to heap blame on the war’s op- tually set concrete goals. As the Senate considers a resolution to put ponents for ‘‘losing faith.’’ And they know, as the war’s opponents So let’s be very clear about what itself on record opposing President Bush’s escalation of the Iraq war through a ‘‘surge’’ of should, that in a democracy whose constitu- happened last night. Our colleagues on troops, Bush’s backers are saying one thing tion accords so much power to the president, the other side do not want to vote on and doing another. turning around even a failed war policy whether troops should be funded—pe- They are saying that the resolution is takes time, persuasion, organizing, legisla- riod. There is no more critical question meaningless and that true opponents of the tive strategizing and pressure. at this moment. We have the duty to war should prove their sincerity by cutting The impatience of the administration’s off funding altogether. But they are doing all critics is entirely understandable. But it take it up, and we will continue to would be a shame if impatience got in the fight for that right. they can to keep the Senate from even voting on a bipartisan anti-surge resolution way of a sensible long-term strategy to bring Mr. President, I yield the floor. that would send a powerful message to Bush America’s engagement in this war to as de- f that most Americans have lost faith in his cent an end as possible as quickly as possible—even if not as quickly as they’d like. RECOGNITION OF THE MAJORITY bungled war policy. If you doubt that the war’s supporters The anti-surge resolution is a necessary first LEADER. would love its opponents to put all their eggs step, which is why those who are against a The ACTING PRESIDENT pro tem- in the fund-cutoff basket, consider what it genuine change in our Iraq policy are fighting so hard to stop it. pore. The majority leader is recog- means for them to sound as if the adminis- nized. tration’s only serious foes were the likes of (The remarks of Mr. LEAHY per- Dennis Kucinich and Cindy Sheehan. taining to the introduction of S. 495 are f ‘‘I don’t think these resolutions, non- located in today’s RECORD under IRAQ ESCALATION binding resolutions, are going to accomplish ‘‘Statements on Introduced Bills and anything,’’ Sen. John Cornyn, a Texas Re- Mr. REID. The issue before the Amer- Resolutions.’’) publican and a Bush loyalist, told Gwen Ifill Mr. LEAHY. Mr. President, I yield ican people that relates to Iraq is the on PBS’s ‘‘NewsHour’’ last week. ‘‘If we real- surge—the escalation of the war in the floor. ly had the courage of our convictions,’’ The ACTING PRESIDENT pro tem- Iraq. That is the debate that should be Cornyn said, the ‘‘we’’ referring to the war’s pore. The Senator from Maryland. before this body, and last night that opponents, ‘‘if people said, ‘You know what? was prevented. An up-or-down vote on This is an immoral task we’ve asked our f troops to do because we don’t believe in the MCCAIN, who is supporting the surge, IRAQ mission, we think they’re going to fail.’ or a vote in opposition to the surge, They ought to cut off funds. But to have this Ms. MIKULSKI. Mr. President, to my the escalation sponsored by WARNER sort of—this debate without any real con- colleagues, my constituents, and the and LEVIN—that is the issue before this sequence, I just don’t think is the best use of American people, I rise today to abso- body today. our time.’’ lutely say without any equivocation This is a diversion. This is a diver- So Cornyn wants to block a vote on a sup- that I do support the Warner-Biden- sion. We finished the Super Bowl. This posedly unimportant anti-surge resolution, Levin resolution on Iraq opposing the is a trick play by the Republicans. The but he would be happy to entertain a debate escalation of our troops. I also stand in real issue before this body is surge or on a funding cutoff. Does that not send a message to the war’s critics? the Senate to say: We were robbed! We no surge, escalation or no escalation. And it’s not just Cornyn. It is now a stand- were robbed of our ability to be able to That is the debate the American people ard talking point for supporters of this war, vote on this resolution! deserve. from the editorial pages of the Wall Street The American people, on November 7, The ACTING PRESIDENT pro tem- Journal and the Weekly Standard to Vice sent a message to Congress and to the pore. The Senator from Vermont is rec- President Cheney himself, to try to block President of the United States: Change ognized. any statement by Congress of its views, ex- the tone in Washington, change the di- Mr. LEAHY. Mr. President, what is cept through a vote to block funds for Iraq. rection in Iraq, and change the prior- ‘‘The Congress has control over the purse ities of this Nation. We, on this side of the parliamentary situation? strings,’’ said Cheney, who on most other oc- The ACTING PRESIDENT pro tem- casions insists upon the executive’s suprem- the aisle, got the message. The other pore. The Senator from Vermont is rec- acy over Congress. In an interview with side does not seem to have. This par- ognized for 10 minutes. CNN’s Wolf Blitzer last month, Cheney liamentary maneuver to block a vote Mr. LEAHY. I thank the distin- added: ‘‘They have the right, obviously, if on the Warner-Biden-Levin resolution, guished Presiding Officer. they want to cut off funding, but in terms of to allow us to vote up or down on ap- I heard what the distinguished ma- this effort the president has made his deci- proving the escalation, shows that it is jority leader said. I agree with him. sion. . . . We’ll continue to consult with the the same old tone. Please, let’s give the The Senate, as I have often said, should Congress. But the fact of the matter is, we process a chance. need to get the job done.’’ be the conscience of the Nation. There Second, it also robs us of the ability In other words: Even if a substantial ma- to begin to express our vocal support are only 100 of us to represent 300 mil- jority of Congress that includes many Re- lion people. Americans expect us to publicans demonstrates a lack of confidence for changing the direction. speak up on the war. Americans expect in the Bush-Cheney surge, the administra- This bipartisan resolution is a first us to vote on the war. Americans ex- tion will feel free to ignore the other elected step. It is not going to be the last word pect us to vote on the issue of the branch of our government—and the more rein bringing our troops home safely and surge. cently elected branch (remember November, swiftly. The Warner-Biden-Levin reso- Now, I understand some Senators anyone?) at that. lution affirms clearly and unequivo- Oh, and if an anti-surge resolution were cally a commitment to our men and will support the surge, some will op- trivial, why would William Kristol, editor of women in uniform: Congress will not pose it, but allow us to have those the Weekly Standard and one of the war’s abandon you while you are in Iraq and votes. Allow us to express the con- most passionate advocates, devote a long and when you come home. We stand by our science of this Nation. angry editorial in the latest issue of his mag- troops. However, this resolution says I ask unanimous consent that a col- azine to attacking Sen. John Warner (Va.) ‘‘no’’ to the President’s reckless plan umn by E.J. Dionne entitled ‘‘The War and other Republicans as ‘‘ignominious’’ for to escalate troop presence in Iraq. The To Save The Surge’’ from today’s their support of an anti-surge measure? Kristol knows that every Republican vote bipartisan resolution insists that the Washington Post be printed in the against escalation carries special weight in Iraqi Government stand up for its own RECORD. speeding this war to an end. So does the Sen- people to provide security, services, There being no objection, the mate- ate’s Republican leadership, which used a and an agreement on oil revenue shar- rial was ordered to be printed in the procedural vote yesterday evening to impede ing. RECORD, as follows: the majority’s will on the surge. I am not new to this position. I never [From the Washingtonpost.com, Feb. 6, 2007] Supporters of Bush’s war policy would love a vote on a full funding cutoff right now be- wanted to go to war in the first place. THE WAR TO SAVE THE SURGE cause they know that, at this moment, they I was 1 of the 23 who voted against this (By E. J. Dionne, Jr.) could win it. They would love responsibility war on October 11, 2002—4 years ago. I When political opponents tell you that to for the failures in Iraq to fall not on an ad- will never forget it. I didn’t believe the prove your seriousness you need to pursue a ministration that planned its policy so badly administration’s arguments then, and I

VerDate Aug 31 2005 04:08 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.001 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1585 don’t believe them now. I opposed giv- didn’t show up at all. It is their war to approve this escalation. One way or ing the President unilateral authority and they are not showing up. Why the other, that is our constitutional to launch a preemptive attack. I said should we show up for their war when duty. the United States had to exhaust its they have a 50-percent attendance The President says he does not need diplomatic options. I encouraged the rate? What is wrong with this think- congressional consent to be able to do administration to stick with the U.N., ing? this reckless escalation. But he sure to let the U.N. meet its responsibility As much as possible, the current U.S. does need congressional advice. And to deal with the Saddam threat. I said military operations should be confined my advice is, let’s send in the dip- we should not go on our own. to these goals. We show up, they don’t. lomats before we send in more troops. The day of the vote, I was so filled Something is really wrong with this We need a robust diplomatic strategy with apprehension about the course of picture. to match our robust military strategy. the war, about the course we were em- The bipartisan resolution calls for We need to make it clear that the Con- barking on, I said in this Senate that the United States to engage the na- gress will not abandon our troops in we don’t know whether our troops will tions in the Middle East to develop a the field, and we will not abandon them be greeted with flowers or landmines. regionally and internationally spon- when they come home. Look at this Well, now we know. That mission did sored peace and reconciliation process. President’s budget; we are abandoning not get accomplished. I called the 72 That is what we should be doing. The our troops. This whole escalation— families in Maryland who gave their resolution says it should not be an sure, they talk about money for the lives and made the ultimate sacrifice. I open-ended commitment or uncondi- 21,000, but it takes another 20,000 to know what is going on out there with tional. Sure, there should be bench- support them. They don’t walk their the families. I also know when we got marks, but benchmarks with enforce- talk. They don’t put the money in the to Iraq there were no weapons of mass ment capability. budget. destruction, but the destruction hap- I do support this resolution because Then we have our troops coming pened, and it happened fast. it makes clear to our men and women home. You look at the President’s No one can ask more of our troops. in uniform that Congress will not aban- budget on Veterans Affairs—not only They are brave. They are courageous. don them. It explicitly says that Con- have they lost the records, they have They have fought valiantly. But after 4 gress should not take any action that lost their way at VA. We are not years of fighting, where are we in Iraq? will endanger U.S. military forces in equipped to deal with Iraq and Afghani- Well, the United States, went to war the field. Whether on the battlefield or stan veterans coming home. They have with Iraq, but right now we are at war on the homefront, our troops deserve horrific, permanent wounds of war, and within Iraq. Saddam is gone, but we the best. we have a weak, unreliable funding sys- are still there. And we are mired in a Also, the latest intelligence shows tem. You can’t just support the troops civil war between different ethnic and that Iraqi leadership has to make dif- with yellow ribbons. You have to put sectarian groups. ficult changes. The solution in Iraq re- the money behind it. How about put- I have stated what I am against, but quires a political solution from the ting the money behind it when they let me state what I am for. I am for the Iraqis—not military muscle—from the come home? They need us. And they Warner-Levin-Biden resolution. I sa- Americans. need us not only with words; they need lute the leadership who produced it: There are parts of this resolution us with deeds in the budget process. JOHN WARNER, a decorated war hero, with which I don’t agree. They call it And I don’t see it. former Secretary of the Navy, chair- an augmentation; I call it escalation. I Now, we also need to make it clear to man of the Committee on Armed Serv- oppose the calls for the vigorous oper- Iraqi Prime Minister Maliki that he ices when the Republicans were in con- ations at Anbar until there is greater has to start to act. Speaking of show- trol, a distinguished person, and a man clarification. There is no doubt that al- ing up, I saw they could not get a of great comity and civility—no one Qaida is operating in Iraq. But when I quorum in the Iraqi Parliament. Only more compassionate about America’s voted 4 years ago, al-Qaida was not 50 percent of the troops show up, their security than JOHN WARNER; JOE there; they were in Afghanistan. Why own Parliament doesn’t show up, but BIDEN, chair of our Foreign Relations didn’t we stick with Afghanistan and we show up with 21,000 more troops? Committee; CARL LEVIN, an expert on really clean their clock? Now the The Prime Minister must meet bench- the Committee on Armed Services and President wants to send more Marines marks. now the chairman. They put their to Anbar to fight al-Qaida when we Let me conclude by saying that a heads together and they came up with should have been in Afghanistan, great American military should not be this resolution, and to a man—and this catching Osama bin Laden. a substitute for a weak Iraqi Govern- woman supports them—the Senate op- We do need a way forward in Iraq. ment. Neither Congress nor the Amer- poses the President’s plan because we The Iraq Study Group gave us 79 rec- ican people will abandon our troops, think it is reckless. ommendations as a way to go forward. but the best way to support our troops The bipartisan resolution says the Surely the President of the United is not to send more in harm’s way. objective of overall U.S. strategy in States could have found 50 for us to sit Mr. President, I ask unanimous con- Iraq should be to encourage Iraqi lead- down at a table, talk, and work to- sent that the remaining time for Sen- ers to make political compromises, to gether for the good of our country, the ator KENNEDY be reserved. foster reconciliation, and strengthen good of our troops, and the good of The ACTING PRESIDENT pro tem- the unity government. This is what I peace in the Middle East. Seventy-nine pore. Without objection, it is so or- consider essential. recommendations and they have all dered. The resolution says the primary ob- been cast aside. The Iraq Study Group Ms. MIKULSKI. I yield the floor. jective of our military strategy should calls for diplomatic and political ef- The ACTING PRESIDENT pro tem- be to maintain Iraq’s territorial integ- forts, a change in their primary mis- pore. The Senator from Texas. rity—fancy words for protecting the sion to move our troops out of Iraq re- f border; deny the terrorists a safe sponsibly. They gave us a way forward haven—yes, but they weren’t there in that they believe could have gotten our IRAQ the first place; promote regional sta- troops out by the first quarter of 2008. Mr. CORNYN. Mr. President, I noted bility; promote counterterrorism; train Let’s give those 79 recommendations at with some interest the headline in to- and equip the Iraqi forces. We have least a forum to be debated and dis- day’s Washington Post. It says ‘‘GOP been doing it for 3 years. Guess what? cussed and acted on. Stalls Debate on Troop Increase.’’ I They have not been showing up! And Where do we go from here? I will tell must say, in light of the remarks of the the other day when they were supposed you where I think we ought to go. First Senator from Maryland, obviously no- to show up for a battle, 55 percent of of all, we ought to have a vote on the body has stalled the debate on troop in- them showed up in Baghdad. Gates, our Warner-Biden-Levin resolution. If they crease or anything else to do with the new Secretary of Defense, said: Isn’t do not want to give us that, give us a conflict in Iraq. In fact, I think that is this improvement? Last year, they vote on the McCain resolution to vote a positive thing because there isn’t

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.003 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1586 CONGRESSIONAL RECORD — SENATE February 6, 2007 anything more important, in my view, mously—a bipartisan group—they port this new plan forward and bring than debating this important issue could support a temporary surge of stability to Iraq long enough to where and, as the Senator from Maryland troops to secure Baghdad if it was nec- the Iraqis—which is their responsi- said, supporting our troops. essary. bility—can engage in the reconcili- I do have profound disagreement, Indeed, if you look at this new way ation process and the political process though, that these nonbinding resolu- forward, that is precisely what it is, a necessary to stabilize that country, tions which have been offered do any- temporary surge, supporting Iraqi which is in their best interest, which is thing other than encourage our enemy troops to provide an opportunity not in our best interest? Because we know and undermine our troop morale. only to clear but to hold Baghdad and if things spiral out of control in Iraq, if I wonder why it is that so many are then to build and begin the political we decide to precipitously leave Iraq insistent that we proceed forward on reconciliation process that is necessary and it becomes a failed state or be- nonbinding resolutions when, in fact, for stabilization. comes a killing field for ethnic cleans- we know what power the Congress has My colleagues on the other side of ing, we will most likely have to return when it comes to war. It is not to sup- the aisle are saying we do not want to at even greater loss of blood and treas- plant the Commander in Chief, it is not debate, when the truth is they are de- ure. to have 535 micromanagers, but it is nying us a right to vote on some of the So I would ask the new majority, the power of the purse. Yet it is the key resolutions that define the nature since the Senator from Maryland men- very amendment that Senator GREGG, of the debate in this Congress. tioned the election of November 7, the Senator from New Hampshire, has We want a debate. We want a debate, what is your plan? To criticize may be offered that the majority leader has de- but we want it to be a fair debate. And OK if you are in the minority. But if nied an opportunity to debate and on we want it to be representative. We you are the majority, surely you have which to have have an up-or-down vote. want to expand and extend the debate a responsibility to offer a constructive That is what the vote yesterday was so we can fully examine and discuss alternative. It is not constructive to about. It is not to cut off debate; it is what is at stake in this central front in merely criticize the new plan that is to make sure the debate continues and the global war on terror. We want a going to be executed by the new com- that the varied positions espoused by full and comprehensive debate and an mander, unanimously confirmed by Members of the Senate are not only opportunity to vote. Do they? this Congress, and a new Secretary of fully debated but that there is an op- If our friends on the other side of the Defense. portunity to vote on those positions. aisle are serious when they say they do I must say, with all due respect, it is At least two Members of the major- not want to block funding for our not supporting our troops to send them ity—Senator DODD and Senator FEIN- troops, then why are they dodging an into harm’s way if, in fact, our col- GOLD—have made it clear that they be- amendment offered by Senator GREGG leagues believe all is lost and they can- lieve the power of the purse should be that would allow them a vote on that not succeed. I do not believe that. But exercised to cut off funding to support important issue? if, in fact, they truly do believe that, this new plan forward. While I disagree Now, I disagree that we should ever then they should stand up and be will- with them, I do respect the fact that cut off funds to support our troops ing to vote on the only resolution that they actually intend to vote for some- while they are in a time of war. But I would have an outcome on that deter- thing that would make a difference in think if you feel what is happening in mination. That is the Gregg amend- the outcome as opposed to the non- Iraq cannot be justified, if you feel we ment. binding resolutions which have been of- have already lost and we are merely It is because we have been denied an fered by Senator LEVIN and others. sending more troops into harm’s way, opportunity to vote on that only I do not understand why it is the with no chance of accomplishing the amendment that counts that this de- critics—the President’s critics and the mission, then I would say the only real bate continues. It was not cut off yes- critics of what is happening in Iraq— vote that matters would be one that terday; merely a fair process was se- why they will not take yes for an an- would cut off the funds to allow that to cured for those of us who think that all swer. Yes, as the Senator from Mary- happen. That would be the moral deci- views ought to be represented and we land said, on November 7, obviously, sion to make. I simply disagree with ought to have more than one vote rath- Iraq was on the minds of the American the judgment. I do not believe all is er than be railroaded in this process. people. It is one of the reasons why, lost. I do believe this new plan, this Mr. President, I yield the floor. frankly, the then majority is no longer new commander, this new Secretary of The ACTING PRESIDENT pro tem- the majority. Defense have a reasonable chance of pore. The Senator from South Dakota. There were critics on the other side success. Mr. THUNE. Mr. President, yester- of the aisle who said the Secretary of Now, we all agree the consequences day, by a vote of 49 to 47, a cloture mo- Defense needed to be replaced. Now we of failure in Iraq are not simply some- tion failed that would have essentially have confirmed a new Secretary of De- thing we can walk away from. The Iraq cut off a broader debate on the big fense, Secretary Robert Gates. Study Group said that failure in Iraq issue of the day; that is, how are we There are those who said: What we could result in a regional conflict, going to deal with the situation in are doing in Iraq is not working, so we most likely ethnic cleansing, where the Iraq? I think the vote failed not be- need a new commander. And, indeed, sectarian violence would spiral out of cause, as was reported in some news- we have confirmed, unanimously, a control, perhaps bringing in other papers, Republicans did not want to de- new commander of Coalition Forces in countries to defend the various sec- bate the issue but, rather, because we Iraq. tarian parties to that conflict. want a full debate on the issue. There are those who said: We need a We know from sad experience what The importance of this issue and the new plan in Iraq. And lo and behold, happened in Afghanistan after the So- stakes associated with its outcome the President announced a new plan viet Union was defeated by the Afghan warrant a full debate, not one re- after lengthy consultation. rebels, where the Taliban and al-Qaida stricted by one party in the Senate. I think there is a fair amount of revi- set up business in Afghanistan and The full range of views on this issue de- sionist history or selective memory used that as a place to train and reserves to be heard. They deserve a going on. For example, there are some cruit and then to launch terrorist at- voice in the Senate. The American peo- who said the President did not con- tacks against the United States, such ple deserve that debate. And surely, sider, in coming up with this new plan, as what occurred on September 11, 2001. the Americans in uniform who are the provisions of the Iraq Study Group. Where is the plan of the critics of fighting and dying deserve that debate Of course, this is a bipartisan group this new way forward in Iraq? What is in the Senate. that made 79 different recommenda- their plan to avoid a failed state in Saturday, I attended two welcome tions. But I would challenge the critics Iraq? Where is their plan to avoid the home ceremonies for National Guard who say the President ignored the Iraq kind of regional conflict and the hu- units. Both performed superbly in Study Group report to look at page 73 manitarian crisis that will most likely fighting the global war on terror. The of that report, where they say, unani- occur if, in fact, we do not try to sup- 114th Air Wing, a National Guard unit

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.004 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1587 in Sioux Falls, SD, has been deployed tunities to interact with the families, way, we are allowing a debate to go all over the planet. They have been in with those whom these soldiers left be- forward that examines the full range of Afghanistan. They have been in Iraq— hind. It is heartbreaking to see the sep- views, the full range of options that are 16 different places since 2001, after the aration, the consequence, and the cost available to the Senate. Frankly, the terrorist attacks, in each case per- of war. Yet at the same time, we have one that matters the most, in terms of forming with distinction. They support to realize when we get into a conflict the options we have as a nation and as an F–16 mission and have been utilized like this, it is not just about what we the Senate, comes down to the issue of extensively. In fact, 72 percent, I be- are doing today, it is about securing a funding. Frankly, we don’t have an op- lieve, of all the members of that unit better, safer, more secure future for portunity in this debate to talk about have been deployed someplace in the the next generation of Americans. the real tool the Senate has when it last 5 years, as we have been fighting That is why this debate is so impor- comes to this issue; that is, the issue of this war on terror. tant. Many have argued what is hap- funding. We have nonbinding resolu- They and their families deserve a de- pening today in the Middle East, in tions. Everybody wants to debate non- bate in the Senate about the future of Iraq, is simply a regional conflict or a binding resolutions. They are non- that mission they have been under- conflict between different sects within binding, but they are not meaningless. taking. There has been a lot of debate Iraq. But, frankly, we all know this— They send a message that we are not around the country, a lot of debate in you do not have to be a rocket sci- supportive of the mission our troops Washington about what to do next. We entist to see what happens when these are undertaking. have now before us a plan which is a terrorist organizations are left free to But if the Senate is serious about change of strategy. It incorporates prey in areas such as that, where there doing its work, and if there are well- more involvement by the Iraqi security is not a lot of control and security. meaning and thoughtful people on the forces in terms of their military. Also, They begin to use these places as sanc- other side of the aisle who want to their political structures, their Gov- tuaries and safe havens to launch at- have this debate, then we ought to get ernment has certain benchmarks it has tacks against other places across the down to what real options, what the to meet and economic requirements world, including the United States. real tools are at the disposal of the they have to comply with regarding It is important, in this global war on Senate when it comes to having any the division, distribution of oil reve- terror, that we understand what the kind of a role in what happens in the nues—a whole range of things that consequences and stakes of our failure future of Iraq. That is the issue of have given us a new opportunity, a new are. I believe that is why, when we funding. opening to get this right with the situ- have a debate, we need to have a debate The leadership on the other side has ation in Iraq. that reflects the full range of options said: We are not going to allow you to I believe the families of those who and the full range of views that are have a debate that includes that op- have served and sacrificed certainly de- available to the Senate when it comes tion, that includes the other options serve to have a full debate, not a re- to the future of Iraq—again, the discus- proposed, some from the other side stricted debate, in the Senate, a full sion about consequences of failure, the that have talked about troop caps, debate where the full range of views, discussion about plans going forward. withdrawal timelines. the full range of options that are held Right now we have a plan in front of Ultimately, fundamentally, if the by the American people can be ade- us. We have a strategy that has been other side is serious, let’s have a de- quately voiced. put forward by the President and his bate about funding because that is the I also attended a welcoming home commanders in the region. We have a tool the Congress has at its disposal. If ceremony for the 147th Field Artillery, new commander on the ground, Gen- that is not a part of the debate, we are 1st Battalion, Charlie Battery, in eral Petraeus. We have some new not serious about this debate or the Yankton, SD. This is a unit which has troops heading into the area. There are range of options that ought to be heard contributed mightily to the war on ter- changes in the rules of engagement. and voiced in the Senate. ror and suffered greatly. They have had This may be our last best shot, our last I see I have other colleagues who four members of their unit who never best hope of being able to get this want to speak on this issue. I yield the floor. came back, killed by IEDs: SGT Rich- right. The ACTING PRESIDENT pro tem- We have engaged in this debate in the ard Schild, SGT Daniel Cuka, SGT pore. The Senator from Massachusetts. Allen Kokesh, and SGT Greg Wagner— Senate which, again, in my view, sends Mr. KENNEDY. Mr. President, I be- young Americans who will never be entirely the wrong signal, the wrong lieve I have 10 minutes; is that correct? with their families again. message to our troops and to our en- The ACTING PRESIDENT pro tem- Also, they had a young sergeant in emies who interpret these messages pore. The Senator is correct. their unit who has suffered debilitating that we send as a lack of resolve, a Mr. KENNEDY. Would the Chair re- injuries, brain injuries that he con- lack of will to finish what we started. mind me when there is a minute re- tinues to receive intensive medical More importantly, ultimately, the rea- maining? treatment for and perhaps will never be son this has such great weight and The ACTING PRESIDENT pro tem- the same. They had a young specialist, gravity is that the people who are the pore. Yes. Brian Knigge from Plankinton, SD, primary receivers of the messages we Mr. KENNEDY. I thank the Chair. who suffered injuries from which he is send are the troops in the field. It is Mr. President, last evening the Re- still recovering. very difficult to say to those troops publicans said no to an honest debate They are a unit that has suffered who are day in and day out putting on about what is best for our troops in greatly in this war on terror. Yet there the uniform of the United States, per- Iraq, our national security, and for the is a tremendous resilience and commit- forming a mission that we have asked American people. Our men and women ment and dedication to the mission. them to do, which we have pointed out in uniform have done everything that The area in which they were involved has grave consequences not only for we have asked them to do. They have was the training of Iraqi security that immediate region but for the en- served with dignity, honor, and valor. forces, specifically the Iraqi police, in tire free world—if you look at the arc They have served in Iraq longer than the area of Baghdad, which is why it of extremism that branches from areas American forces fought in World War was so very dangerous for them. And such as Afghanistan and al-Qaida to II. It has been said by Republicans and the IEDs that have killed and seriously areas such as some of the terrorist or- Democrats: This doesn’t cry for a mili- injured so many of our young Amer- ganizations in Lebanon, in the Pales- tary solution, it cries for a political so- ican soldiers who are serving in that tinian territories, all these terrorist lution and resolution. Still we have a region did four of their comrades in. organizations and attacks are orches- President who is relying on sending an And as I said, a couple are very seri- trated by organizations that want to additional 20,000 to 38,000 troops more ously injured. kill and destroy Americans. to what is effectively a civil war. They and their families who have We have a responsibility in the de- The cost in blood and treasure has sacrificed so greatly—and when I go to bate to make sure that when we are been staggering. More than 3,000 Amer- these events, I, obviously, have oppor- putting young Americans in harm’s icans have been killed so far, including

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.006 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1588 CONGRESSIONAL RECORD — SENATE February 6, 2007 64 from Massachusetts; more than ices to help those children in high the most vulnerable in our society. 23,000 have been wounded. In my home school. We are not going to move to- They are paying the price. Read the community, SGT Alexander Fuller of ward smaller class sizes. We are not President’s budget. Make no mistake Centerville, MA, was buried last week; going to have an effective program to about it. Who is paying the price? They Keith Callahan of Woburn, MA— bring in parents. We are not going to are paying the price, the neediest peo- Woburn, MA, that had a higher per- have the examination of these children ple in our society. centage of soldiers killed in Vietnam to find out what they need in terms of Then it comes from the poor who are than any other community in our help in their classes. No, because we struggling against the bitter cold. It State. High school class after high are shipping billions of dollars to Iraq. cuts 17 percent of the funding for the school class after high school class Twenty-three thousand children are Low Income Energy Assistance Pro- joined the U.S. Marines. They were in in the streets of Philadelphia today, gram that helps low-income families the thick of the fighting with dev- having dropped out of school; 22,000 heat their homes. Maybe it is warm in astating losses. Keith Callahan, in his children have dropped out of school in certain parts of this country, but it is fourth trip to Iraq, was killed just 10 Cleveland, OH. It is happening all over cold as can be in many others. There days ago. The services in that commu- the country. And what are we doing? are a lot of needy people in those cold nity took place last week. Sending away billions and billions of areas where there is a completely inad- Hundreds of thousands of Iraqis have dollars that ought to be there for pre- equate fuel assistance program now. been killed, and millions have fled vention programs to stop those chil- This administration has cut back on their homes. We have spent hundreds of dren from dropping out of school, to that program year after year after billions of dollars on the war already. help those children get back into year, and this year is no different, a 17- Today the President is asking for hun- school so they will have useful and pro- percent reduction. dreds of billions of dollars more. Presi- ductive lives. They are the ones who Most of the elderly people, the needy dent Bush insists on his policy of esca- are paying for these wars. people in my State, need to have their lation, while most of us in Congress are As to seniors, our disabled citizens, oil tanks, if they are using home heat- increasingly convinced that deescala- the President cut $66 billion from the ing oil, filled three times a year. This tion is the only realistic strategy. The Medicaid Program which is a lifeline to won’t even let them get one tank of American people do not support further millions of retirees and disabled chil- fuel assistance in their homes over the escalation of this war. The legislation dren. I was there when President John- year. The poor are paying a fearsome on which we seek an honest debate is son said: You work hard, you pay into price. They are seeing their funding di- intended to make a record of who is on the Medicare Program, pay into those verted to these conflicts and the surge the side of the American people and op- programs, and we guarantee you that in Iraq. poses sending tens of thousands more you are going to have the health care This is a war that never should have American troops into this civil war. you need for the rest of your life. That happened. It is a war that should be Despite the clear result of the No- is a commitment that we made. Now brought to an end. Yet the administra- vember election, our Republican col- we are skimping on it. We didn’t pro- tion is allowing it to go on and on, mistake after mistake after mistake. This leagues are not prepared to face the vide at that time a prescription drug terrible war is having an effect not truth on Iraq. They are determined to program. We provided one eventually only on our troops, who are paying the avoid a debate on the most important that served more for the drug industry highest price, but on our children, our national security issue of our time. and the HMOs than it did for the senior elderly, our schools, our workers, and They are willing to allow tens of thou- citizens. We are cutting back on health the poorest of the poor here at home. sands of more young men and women care for our seniors and the disabled. to be dropped in the cauldron of a civil It comes from our workers who are Make no mistake about it. While the war. looking for good jobs to support their President forges ahead with a surge in Iraq, the American people need a surge The cost in precious American lives families because the President’s budget at home. Americans see the cost of is reason enough to end this mistaken slashes $1 billion from programs that their health care and the cost of col- and misguided war, but the cost at train Americans for jobs for the future. lege going up. What about a surge in home came into full view yesterday as How many speeches will we hear about our health and education policy to help we received the President’s budget. competitiveness and the problems we meet their needs? What about a surge This President’s budget devotes more are facing in terms of the world econ- than $200 billion to the war in Iraq. in those areas? omy, how we are going to have to re- I have introduced legislation which Where does the money come from? It double our efforts in order to be com- would require the President to get the comes from the Children’s Health In- petitive, to have the new industries authority he needs from Congress be- surance Program, as the President’s that will provide new jobs and new ben- fore moving forward with further esca- budget underfunds the CHIP program efits and new opportunities for our citi- lation in Iraq. I intend to seek a vote by $8 billion. That program provides zens. Every Member of this body will on it, unless the President changes health care to low-income children. It be making that speech someplace in course. The debate is about what is has had bipartisan support in the Sen- their State next week. We know that. best for our troops and our national se- ate and the House of Representatives. What are we doing? curity. Our forces have served with It has made an extraordinary dif- In my State of Massachusetts, we great valor. They have done everything ference to the quality of health of mil- have 275,000 people who are unem- they have been asked to do. Sending lions of children. There are millions of ployed, and we have 78,000 job vacan- more of them into a civil war will not children who are qualified for this pro- cies. The only thing that is lacking is make success any more likely. We have gram. But because the Federal Govern- training. We have 24 applications for a responsibility to vote on this issue ment doesn’t provide the help to the every opening for training. People before it is too late. The American peo- States, those children are not going to want the training to get the skills to ple deserve to know where the Repub- get covered. participate and take care of their fami- licans stand and where the representa- Make no mistake about it. We are lies. What does this President do? He tives in the Congress stand. taking those resources that ought to be cuts that program. That is part of the I look forward to that debate and a devoted to the CHIP program and send- cost. vote at the earliest possible time. ing them to Iraq. It comes from our People are asking back home—down I yield the floor. children’s education, the No Child Left in New Bedford and Fall River and f Behind Act, because this budget Lowell and Lawrence and Holyoke and underfunds the No Child Left Behind Springfield—who is going to stand up ORDER OF PROCEDURE reforms by almost $15 billion. What are for us? It is not only the loss of their The ACTING PRESIDENT pro tem- we saying? We are not going to get the sons and daughters from those commu- pore. The Senator from South Carolina well-trained teachers that this legisla- nities, but they see that it is gutting is recognized. tion requires. We are not going to have the lifelines to their communities, the Mr. DEMINT. Mr. President, how the adequacy of supplementary serv- children and the elderly, those who are much time does the minority have?

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.007 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1589 The ACTING PRESIDENT pro tem- bolism is dangerous. Voting to con- I am very much concerned as to how pore. The minority has 81⁄2 minutes. demn the President’s plan is a vote of the world will read us. What we know Mr. DEMINT. I ask unanimous con- no confidence in the mission we have is that enemies try to defeat us not by sent that the Senator from Colorado be told our troops to fight and die for. But trying to defeat us on the battlefield or able to speak for 10 minutes following it is also a slap in the face to General in Iraq; they try to defeat our will, try my remarks and the remarks of Sen- Petraeus just days after we voted to defeat the will of the American pub- ator COBURN. unanimously to support his leadership lic. The ACTING PRESIDENT pro tem- of our troops in Iraq. Senator DEMINT talked about leader- pore. Without objection, it is so or- ‘‘Godspeed, General,’’ was what one ship. Leadership is laying out the real dered. of my colleagues said before intro- consequences of our action. What are f ducing the very resolution that would those consequences? What next? What undermine the general’s authority and is going to happen next? What is going WORLDWIDE WAR ON TERROR his plan for victory. to happen? We heard this morning that Mr. DEMINT. Mr. President, I rise to This is not leadership. We were elect- we are trying to delay this resolution. speak about one of the most important ed to make tough decisions and that We are not trying to delay it. As a issues of our time: the worldwide war requires understanding our choices, se- matter of fact, they are saying we on terror. lecting the best choice, and then fol- would not debate it. We are debating it I have to say I was disappointed to lowing through. But I am afraid the right now. The fact is, we believe you read in this morning’s Roll Call that critics in this body do not acknowledge ought to have a resolution that says we many of my Democratic colleagues are the real choices before us. There are support our troops in this group of res- using this debate for the 2008 elections only three: olutions. Unless we get some sem- rather than focusing on the real dam- First, to continue the unworkable blance of saying we want to send a sig- age that the resolution we have been status quo; second, to admit defeat and nal to our troops that we support them, discussing will do to our national secu- withdraw; third, to renew our strength we should not have a rule that pre- rity. until we win. cludes that. One of our greatest Presidents, Theo- I respect my colleagues who disagree So politics aside, and the next elec- dore Roosevelt, once said, ‘‘It is not with the President’s strategy in Iraq, tion aside, and the Presidential elec- the critic who counts. The credit,’’ he but only if they exercise leadership and tion aside, what does it mean to the said, ‘‘belongs to the man who is actu- support an alternative solution, one American people about what we end up ally in the arena, whose face is marred that proposes a serious path to victory, doing in Iraq? That is the question we by dust and sweat and blood, who or announces defeat and ends our in- should be asking. We should be making strives valiantly, who errs, who comes volvement immediately, not only in sure that the mistake we do not make short again and again, because there is Iraq but throughout the Middle East, is to have an ill-informed American no effort without error and short- because America will no longer have public about what the consequences coming. any credibility to carry out our work will be. ‘‘The credit,’’ Roosevelt said, belongs in any part of the world. Regardless of whether we should be to the man ‘‘who spends himself in a If my colleagues do not support send- in Iraq, we are there. We cannot change worthy cause, who at the best knows in ing reinforcements to Iraq, they should that. The question comes, what does the end the triumph of high achieve- introduce legislation blocking that ac- the Iraq Study Group say? They said ment, and who at the worst, if he fails, tion. While I believe this is short- we needed to secure Baghdad; they said at least fails while daring greatly.’’ sighted and wrong, it would at least be we needed reinforcements to be able to At this very moment, our Com- genuine leadership. do that; they said we needed more mander in Chief and those he com- My hope is we will stop trying to sec- funds to make a difference in people’s mands are daring greatly. ond guess past decisions in order to lay lives. These are the funds that go to Our men and women in uniform are blame and instead remember we are the generals to actually approve paying with blood, sweat, and tears. locked in a struggle much larger than things. Yet many in this body prefer to sit in Iraq. It is a struggle of security, hope, Can we accomplish something in Iraq the stands and offer criticism rather and freedom versus hate, despair, and or do we walk away? Here is what hap- than support. fear. The battlefield is the entire pens when we walk away. No. 1, there For the past 50 years, the Middle world. will be a genocide in Iraq. The minor- East has been a cauldron of brutality, We must understand the stakes and ity Sunni population will scatter out of war, and despair. The region’s insta- demonstrate real leadership. This is Iraq, and those who don’t will be bility has threatened the entire globe not the President’s war, it is freedom’s killed. and reached our shores on 9/11 with a war, and we all share the responsibility The northern Iraqis, the Kurds—what stark awakening. for the outcome. will happen to them? If we are gone This is why we are involved in the A century later, Teddy Roosevelt is and full-blown civil war breaks out, Middle East. The future security of our still correct. The critic ‘‘who points what will happen to the Kurds? This is homeland is tied directly to a success- out how the strong man stumbles, or a group of 36 million people who have ful outcome not only in Iraq but in Af- where the doer of deeds could have not had a homeland since the Ottoman ghanistan, Lebanon, the Palestinian done them better’’ is destined to be rel- Empire. Genocide was committed territory, and a number of Middle East egated to that terrible place ‘‘with against them by Saddam. What will countries that harbor evil men who fo- those cold and timid souls who neither happen to them? They will be seen as a ment hate through a perverted version know victory nor defeat.’’ risk to Turkey. Turkey already has of Islam. There is only one policy worthy of problems with its Kurdish population. Yet as our efforts in Iraq encounter the blood and sweat of our troops: a What will happen in Lebanon? Prob- fierce resistance from a determined policy that completes our mission with ably civil war. and evil enemy, support for our efforts dignity, honor, and victory. What will happen in Jordan? has waned here in Congress. Instead, Mr. President, I reserve the remain- What will happen to the Sunni gulf many of my colleagues prefer to sup- der of my time and yield the floor. states, as they now fear Iran and its port a nonbinding resolution that The ACTING PRESIDENT pro tem- dominance? would express disapproval of the Presi- pore. The Senator from Oklahoma is This is a war Iran wants us to leave. dent’s plan to reinforce our troops in recognized. Why? Because they want to empower Iraq. Mr. COBURN. Mr. President, I have themselves to be the dominant force in Voting for this resolution is not lead- not come to the floor, except once, in the Middle East. We can talk about all ership, it is criticism—criticism with- the 2 years I have been here to discuss of the resolutions and how we disagree; out the courage of offering real solu- the war in Iraq. I have been to Iraq and that is basically political posturing, tions. While this resolution may be had experience in Iraq as a medical and you can disagree. But as the Sen- toothless by force of law, its sym- missionary during the first gulf war. ator from South Carolina said, unless

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.009 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1590 CONGRESSIONAL RECORD — SENATE February 6, 2007 you put something into force of action, national security of this country and were submitted in the last week, which it is criticism, not leadership. We need our ability to carry out our foreign pol- are bipartisan in nature, and then de- to calculate whatever we do in this icy in the future. ciding how to move forward as a Sen- body, based on what the outcome of I earnestly pray that we will consider ate. I am very disappointed that we that calculation is going to be, not by the actions here and the words here in have not been able to get there. giving bellicose speeches that set up light of what comes next, not in terms Let me also say that for those who false choices that are not there. The of politics but what happens to our have said the political posturing is tak- fact is we have an obligation to the country. ing place on this side, I don’t believe very people—the innocent people—in Denying the heritage we have of sac- that is at all the case. The fact is, what Iraq today. rifice for freedom and liberty and deny- we have been trying to do on this side We can walk away from that, but his- ing that it costs something and walk- is to have an open and honest debate, tory will judge us harshly. The esti- ing away from that, we will reap that and again underscoring the reality that mates are there will be 5 million people which we sow as we walk away from it. if we are going to find our way out of displaced out of Iraq. There will be be- Caution to us as we do that. the quagmire in which we find our- tween 700,000 and 1 million additional Mr. President, I yield back the re- selves in Iraq, it is going to take a true Iraqis who will die. Do we not have an mainder of my time. bipartisan effort to get us to a place obligation to make that not happen? The ACTING PRESIDENT pro tem- where we can say we have peace and Do we not have an obligation to do pore. Under the previous order, the stability in the Middle East and we what is in the best long-term interests time until 12:30 p.m. shall be divided have brought our troops home. I hope of this country? Is it in our best inter- between the majority and the minor- as we move forward in this discussion est for this country to get out of Iraq? ity. that we will be able to find some of Is it? How does that fit with the war on The Senator from Colorado. that bipartisan consensus. terror and our ability to conduct that Mr. SALAZAR. Mr. President, this is At the end of the day, when we look war when we create in Iraq, by with- a disappointing day for the Senate and at what is happening in Iraq, we need drawing, a new state that is run by al- for the United States of America be- to recognize the realities. We need to Qaida and by the Shia, which will in cause the debate we should be having know and remember the 3,100 men and fact have the funding to dominate in on this floor, which is taking place women who have given their lives on the international arena with terrorism around procedural issues, should really behalf of the mission the President as- and hatefulness and murder and pil- be a debate about what is happening in signed to them in that country. We laging of innocent people? Iraq and the new direction we should need to remember the 23,000 men and It is not as simple as everybody here be heading in Iraq. women in uniform who today are wants to make it seem. It certainly It is disappointing as well that it has wounded and who are carrying the should not be political. But that is been postured somehow as a political scars of the war with them day by day where we are going. The very comment debate from the other side. The fact is and for many of them for the rest of that we cannot have a debate on sup- that what happens in Iraq today and their lives. We need to remember the porting the policy, that we will not what happens in Iraq in the months 137,000 men and women who are on the allow a resolution that says we are and years ahead is, in fact, perhaps the ground in Iraq today. The bipartisan going to support our troops—why don’t most important issue we can face in resolution we put forward with Senator they want that? It is because that will the United States of America and in WARNER, Senator NELSON, Senator COL- get the highest number of votes. That the world, and it is important that this LINS, and others recognizes that. We will become the story—not the story body, elected by 300 million Americans recognize the bravery of the men and that somebody postured in a position in each of our respective States, grap- women who have given so much of that is well-intended and well-mean- ple with the fundamental defining issue their time and their life in Iraq, and we ing, that they don’t think a surge or a of our time. recognize the need for us to support reinforcement in Iraq is correct. It is also important, as we grapple our men and women on the ground in America is at a crossroads. The with this issue of the future of Iraq and Iraq. crossroads is whether we will fulfill the involvement of the United States, But we also recognize that what the and carry out the responsibilities, that we try to move forward in a man- American people are asking us to do is some of which we added to ourselves by ner that is bipartisan. At the end of the to chart a new direction for Iraq. I our very position, but whether we will day, the only way in which we are have heard some of my colleagues on fulfill that. We will be judged by his- going to achieve stability in the Middle the other side—as there is criticism on tory. East and we are going to bring our this side—that all we are doing is being To undermine many of the steps that troops home—which I believe is a goal critical and not offering alternatives. the Iraq Study Group said, which is in that is shared by the 100 Members of The fact is that we are attempting to the President’s plan, nobody knows if this body—is if we develop a bipartisan come up with a new direction in Iraq, this will work, but I guarantee it will approach to getting it done. Yet, at the and that is what is embodied in the not work if we send a signal to those end of the day, we can’t even seem to Warner-Levin resolution. It is, in fact, who oppose us that this is it. All they get beyond a procedural obstacle to get a new direction and new strategy in do is sit and wait. More of Iran’s influ- to a debate on the central issue that Iraq. ence and more dollars from Iran com- was presented by a bipartisan resolu- Mr. President, I ask the Members of ing into Iraq—more to defeat us. If you tion, led by some of the most distin- this body and I ask the people of the defeat the will of the American peo- guished Members of this Senate, in- United States of America to consider ple—and, by doing that, that is our cluding Senator WARNER, Senator what are the options before us. In my problem—if we allow that to happen as LEVIN, and others. We cannot even get view, there are three options. There is leaders in this country, then we will be past the procedural problem for us to plan A. Plan A is a plan—which was responsible for that 5 million displace- end up having a discussion and a vote put forth by the President after several ment, for those million deaths, and the on that very simple issue. months of deliberation in which he millions that will follow when you I ask our brethren on the other side concluded what we had to do in order have a Middle East dominated by Iran that they join us in getting through to be successful in Iraq—to send 21,500 with a nuclear weapon. this procedural roadblock so that we additional troops. In real terms, that is We should think long and hard. The can have an effective debate and a vote about 48,000 additional troops assigned, American people should not respond on a question that is before us con- mostly in Baghdad. Some people have just to the urge to get out of Iraq but cerning the future of Iraq and the called it an escalation. Some people respond to the well-thought-out con- President’s plan on how we move for- have called it a surge. That is the heart sequences of what happens next. And ward. of the plan. It is a plan he announced what happens next is a disaster, not I am disappointed as one Senator in early January, a plan he reiterated only for the people of Iraq, for the peo- that today we are not on this floor de- at the State of the Union, that we as- ple of the Middle East, but also for the bating the alternative resolutions that sign 21,500 troops to Baghdad.

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.010 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1591 The question we all ought to be ask- ator WARNER, Senator LEVIN, and oth- That is what we ought to be talking ing ourselves is whether that will ers. It is that kind of new direction about, Mr. President, on the floor of work. Will plan A work? I believe those which we ought to be debating and dis- the Senate today—how we move for- who have studied the issue in great cussing on the floor of the Senate ward. depth would answer the question no— today. I look at this resolution which was no, it will not work; no, it will not When one looks at this group of elder put together by some of my esteemed work because Operation Going Forward statesmen, which includes not only the colleagues, of which I am a proud origi- in June of 2006, just 7 months ago, Republicans whose names I mentioned, nal cosponsor, and I say at least we showed that it does not work. And but they include esteemed elder states- have tried on a bipartisan basis to fig- when that didn’t work, we went in with men who are also Democrats, such as ure out a roadmap for how we ought to a surge of some 7,000 troops in August Lee Hamilton, Vernon Jordan, Leon move forward together as Democrats in Operation Going Forward Together Panetta, William Perry, and Charles and Republicans, as Americans, on this No. 2, and again that did not work. If Robb, when we see those kinds of elder issue, which is the defining issue of our today we go in with 21,500 additional statesmen who have taken a year to times. I see the names of people such as troops, plus all the support for the try to figure out how we deal with this Senator WARNER, I see Senator COL- troops that is going to be necessary, quagmire in Iraq, we have to say those LINS, I see Senator LEVIN, I see Senator what is going to be the result of that recommendations should be paid very NELSON of Nebraska, and others who endeavor? In my view, we have been serious attention. The recommenda- have been involved in this effort. What there, we have done that, and it hasn’t tions are many, but they are important we are trying to do as a group is to say worked. So we have to look forward to because they show the depth of think- we ought to figure out a way of chart- a new direction. So I believe plan A, ing that commission went through in ing a new direction forward together, the President’s plan, is not a plan that coming up with those recommenda- much like the elder statesmen did in is going to work. tions. coming up with the Iraq Study Group Then there is plan B. Plan B is being In essence, what that bipartisan recommendations. Yet we are being re- advocated by many, including some group of elder statesmen said to the fused the opportunity to even engage who have demonstrated in Washington people of America is that the way for- in a debate on a resolution that essen- and have called our offices every day, ward requires a new approach. The way tially says this is a direction we pro- and that is to just bring our troops forward requires a new approach. They pose to the President in how we move home today; it is over; it is a precipi- talk about the external approach, forward together. tous withdrawal; let’s get out of there which is to build an international con- I hope that at the end of the day, and get out of there right now. The sensus on how we move forward in Iraq. with the discussions that are going on mistakes of the past have compounded They talk about a new diplomatic of- between the leadership, we are able to the problems in the Middle East and fensive which is important if we are to come to some agreement. I believe Iraq to the point that we can’t put succeed because there are too many na- there is too much at stake. I believe there is too much at stake not only in Humpty Dumpty together. Not all the tions in that part of the world and the Middle East, but there is too much king’s men or all the king’s horses around the world who have been sitting at stake for the United States of Amer- could ever put Humpty Dumpty to- on their hands letting America do it ica and for the free world. At the end of gether again, some people would say, alone. They have to stop sitting on the day, it is going to take Republicans because the problems in Iraq today are their hands if ultimately we are going and Democrats working together to try so severe. to achieve stability in the Middle East. I, as one Senator, reject plan B as They talk about the Iraq Inter- to chart this new and successful direc- well. I don’t believe we can afford to national Support Group, and that kind tion for how we move forward in Iraq. of a group would be a group that would Mr. President, I yield the floor. move forward with that kind of precipi- The ACTING PRESIDENT pro tem- make sure the efforts on reconstruc- tous withdrawal. pore. The Senator from North Dakota. There is plan C, and plan C is really tion and building the peace and secu- Mr. DORGAN. Mr. President, my un- the plan of trying to move forward in a rity in Iraq are, in fact, successful. derstanding is that I will be recognized bipartisan way so that we can achieve Where is that group? It hasn’t been for 10 minutes in morning business. success in Iraq—success, again, being there. It has been the United States The ACTING PRESIDENT pro tem- defined by stability in Iraq and in the alone moving forward on this effort. pore. That is correct. region and by bringing our troops We need to have the international com- Mr. DORGAN. Mr. President, I ask home. munity involved. unanimous consent that all time con- I know there are lots of people in this It talks about dealing with Iran and sumed in any quorum call today be body who have much more experience dealing with Syria. They are part of equally divided. than I, and I know there are lots of that region, like it or not. This group The ACTING PRESIDENT pro tem- people who have studied this issue ex- of elder statesmen has said we need to pore. Without objection, it is so or- tensively over a very long period of deal with those countries. We know the dered. time, and yet it is amazing to me that limitations. We know the threats they Mr. DORGAN. Mr. President, my col- when we have a group of people in a bi- also embody and present to the United league, Senator FEINSTEIN of Cali- partisan way coming forward with a States of America, but we need to fornia, this weekend made a point that new direction, we have the President bring them into the dialog if ulti- I think is very important. She, on a and others of the minority party essen- mately we are going to bring stability television program, said that Iraq is tially rejecting that plan of going for- to that region. being debated virtually everywhere in ward together in a new direction. The study group goes on with a whole our country: debated at kitchen tables, When I look at the Iraq study report host of other recommendations on the business places, workplaces, and and I look at names such as former internal approach, helping the Iraqis schools. The only place in America Secretary of State James Baker, help themselves. It says that we must that Iraq is not being debated is in the former Attorney General Ed Meese, require the Iraqis to have performance Senate. Here we are debating whether former Secretary of State Lawrence on milestones, that we need to push we should debate. Eagleburger, former U.S. Supreme them hard on national reconciliation, That was what went on yesterday, Court Justice Sandra Day O’Connor, that we need to make sure the Iraqi and it is what is going on today, a de- former U.S. Senator Alan Simpson, I Government takes responsibility for bate about whether the debate on Iraq see all of these Republicans who are security and for their military forces, should occur in the Senate. It is unbe- saying we need a new direction going that they establish a functioning police lievable. We have a cloture vote on a forward together. I believe that is what force, and that they establish a crimi- motion to proceed to the debate, and we ought to be doing, and I believe that nal justice system that does, in fact, the minority party in the Senate voted new direction going forward together is work. And the list goes on with 79 rec- nearly unanimously to say, no, we what is embodied in the bipartisan res- ommendations on the way forward, a shouldn’t be debating. I don’t under- olution which was put together by Sen- new approach. stand that at all, Mr. President.

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.011 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1592 CONGRESSIONAL RECORD — SENATE February 6, 2007 Why would we not want to engage in ought to be about the soldiers we have United States Senate the great ques- this national discussion about what is asked to don America’s uniforms and tions before this country, the questions happening in Iraq; what are our obliga- go fight for this country and what is the American people ask this morning tions, and what are our national inter- best for them as well. and discuss this morning all across this ests with respect to these issues? This Two months ago, General Abizaid country: What is our role here? What is is not a war against terrorists in the said this in open testimony in the Sen- happening here? How have things main. It is sectarian violence that is ate: changed in Iraq? What is the greatest occurring in Iraq. Yes, there are some I met with every divisional commander. I threat to our country? How do we deal terrorists in Iraq, I understand that, said, in your professional opinion, if we were with that threat? What about Mr. but it is largely sectarian violence, to bring in more American troops now—he is Negroponte pointing out that the Shia on Sunni, Sunni on Shia. talking about Iraq—does it add considerably greatest terrorist threat is al-Qaida? Let me make a point about Iraq that to our ability to achieve success in Iraq? And What about the fact he says they are in I think is important. The dictator who they all said no. a secure hideaway in Pakistan? What used to exist in Iraq no longer exists. That is what the commanding gen- about the fact that no one has done Yes, he was a madman and a dictator. eral said 2 months ago in testimony be- anything about it? What about the fact We have unearthed mass graves in Iraq fore the Senate. Why did they all say that if 21,000 soldiers are available to to show that nearly a half million peo- no? Here is what General Abizaid said be surged, that the President says let’s ple were murdered by the man who ran the reason is: send them to Baghdad, in the middle of that country. But he has been exe- We want the Iraqis to do more. It is easy a civil war in Iraq, rather than going to cuted, and the people of Iraq have had for the Iraqis to rely upon us to do more. I Pakistan after the leadership of the the opportunity to vote for a new con- believe more forces prevents the Iraqis from greatest terrorist threat to this coun- stitution. doing more and taking responsibility for try, according to our intelligence The people of Iraq have had the op- their own future. chief? portunity to vote for a new govern- Finally, Mr. President, a week ago, I simply do not understand this logic. ment. Things have changed in Iraq. We the head of our intelligence services There is a lot to be said about these now have in Iraq what is largely a civil came to the Senate and testified in issues. All of us in this Chamber want war, sectarian violence. Things have open public hearings. Here is what he the same thing for our country. All of changed. said: us love this country. All of us respect What is the role, then—given that Al-Qaeda is a terrorist organization that our soldiers and will do everything to Saddam Hussein has been executed, poses the greatest threat to U.S. interests, make sure we support them. All of us given that there is a new constitution, including the homeland. want this country to do well and to given that there is a new government— That is from the top intelligence make the right decisions. In the last 5 what is the role for the United States chief of our country. Here is what he years, however, we have been involved and its soldiers? Is the role to continue said: in a war that has lasted longer than to be in the middle of a civil war in Al-Qaeda continues to plot attacks against the Second World War. We have been in Iraq, to surge additional troops, as the our homeland and other targets with the ob- a war that has cost us far too many President suggests? That is what was jective of inflicting mass casualties. They lives and too much of America’s treas- to be debated this week in the Senate. continue to maintain active connections and ure. We have been put in a situation in But at this point we still cannot debate relationships radiating outward from their which there has been dramatic change. that because we are debating whether leaders’ secure hideout in Pakistan. Yet the policy has not changed. This is we will be able to debate it. It is unbe- Let me say that again. Our top intel- not the circumstance for which we lievable to me. Only here on this small ligence person says that al-Qaida is the went to war in Iraq. All of that intel- piece of real estate, one of the wonder- greatest terrorist threat to our coun- ligence, it turns out, was wrong. ful places on this Earth, the United try; that they direct their operations Colonel Wilkerson, who served as States Senate, do we have a serious de- from a secure hideout in Pakistan. Secretary of State Colin Powell’s aide bate about whether we should debate. Mr. President, a question: If al-Qaida for 17 years and was present when the We should have moved very quickly is the greatest terrorist threat to information was compiled that led to past this issue of a motion to proceed America, and our intelligence chief the presentation at the United Nations, and been to the substance of this issue says it is directed from their secure testified before the Senate, and he said on behalf of this great country of ours. hideout in Pakistan, and we know that publicly that it was the perpetration of There is a majority in this Congress for Osama bin Laden continues to talk to a hoax on the American people. That is a bipartisan resolution. And I empha- us in his missives that they send out; if not me speaking. That is someone who size bipartisan resolution. Senator we have 21,000 additional soldiers to had a distinguished record and who WARNER, a very distinguished Amer- surge anywhere, why on Earth would served 17 years with Colin Powell. He ican, a Republican, and former chair- we not use those 21,000 soldiers to was a Republican and proud of his serv- man of the Armed Services Committee, eliminate the greatest terrorist threat ice to this country, but he said all of and Senator LEVIN, a Democrat, the to our country, which would be to the intelligence that was basketed to- same. Warner-Levin. When we get to a eliminate the leadership of al-Qaida? gether and presented was the perpetra- vote on the Warner-Levin resolution, No, that is not what the President tion of a hoax on the American people. which disapproves of surging additional recommends. He recommends we send Whatever happened, happened. We American troops to Iraq and deepening 21,000 additional soldiers into the went to Iraq. Saddam Hussein has now our involvement in Iraq, a majority of neighborhoods of Baghdad where sec- been executed. Iraq has a new constitu- the Senate will support that resolu- tarian violence is occurring in massive tion and a government. It is time, long tion. There is a clear majority for that quantities and a civil war exists. With past time for this country to say this resolution. The question is, Can we get all due respect, and I do respect the to the country of Iraq: Saddam Hussein to that point? President, he is wrong, and I believe is gone. You have a new constitution. I hope in the coming hours that the the majority of this Senate would say You have a new government. The ques- minority will relent and give us the op- he is wrong by voting for the Warner- tion is this: Do you have the will to portunity, the opportunity the Amer- Levin resolution. provide for your own security? Because ican people would expect to exist in the In a Byzantine twist, however, on if you don’t, no one in the world can do United States to debate one of the this Tuesday morning, we find our- it for you. Do you have the will to take most important questions of our time. selves debating the question of whether your country back? This is your coun- This is about obstruction and it is we should debate one of the central try, not ours. This country belongs to about political maneuvering and about questions of our time. you, not us. Do you have the will to protecting the White House. It is about That is unworthy of the Senate. provide the security for a free Iraq? Be- a lot of things, unfortunately. It ought What is worthy of this Senate, and I cause if you do not, I say to the people to be about this country’s national in- am proud to be a part of it what is wor- of Iraq, American soldiers cannot, for terest, this country’s best interest. It thy of us is to have on the floor of the any indefinite period, provide order and

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.014 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1593 security in Iraq for you. You have to support an honest and open debate on a one even talks about the war, he starts make that judgment, and you have to policy that clearly needs to change. to cry. That is because his son Stuart, understand that it is your responsi- But I do not support what I saw take an Army Reserve major, was killed in a bility to provide security in Iraq. place in this Chamber yesterday. helicopter crash in Iraq. This is not a circumstance where we Our soldiers and their families have I think of Kathleen Wosika from St. are trying to embarrass anybody. We sacrificed too much to accept the polit- Paul, MN. Just last month, her son, are not trying to say to the President: ical obstructionism that is keeping James Wosika, Jr., was killed while he You have an awful situation you have this body from having a debate on a was patrolling on foot in an area near created, shame on you. That is not most critical issue. Our troops have Fallujah. He was a sergeant with the what this debate is about. All of us un- given so much, and they deserve much Army National Guard 1st Brigade, derstand that things have changed. more than what they got from the U.S. whose current duty will be extended This debate is about what do we do at Senate yesterday. The least we can do under the President’s escalation. Ser- this point. Do we agree with the Presi- is to have this debate, and the best we geant Wosika was the third member of dent that we should send 21,000 more can do is to get this policy right for his unit to die within a 6-month period. American troops into Baghdad and our troops. He was the seventh member of the bri- surge and deepen America’s involve- I would like to thank those who gade to be killed since their deployment in this war? worked on this resolution: Senators ment last spring. Quite clearly, if we are allowed to get LEVIN and WARNER and Senators BIDEN I also think of Becky Lourey of to this debate and have a vote on War- and HAGEL and others. Throughout Kerrick, MN. That is near Duluth. She ner-Levin, a bipartisan resolution, this their careers, they have shown how is a mother of 12 and a former State Senate will say, no, we believe it is the much they care for the men and women senator. Her son Matt was killed when wrong thing, and that will be the first in uniform. In crafting these resolu- the Army helicopter he was piloting step in beginning to change policy. It tions, they showed us that when prin- went down north of Baghdad. I watched will say to the President, we believe cipled individuals from opposing par- this Gold Star mother, a woman who you must change the policy, and then ties care strongly about an issue, poli- has adopted eight children, comfort her use our energies and our efforts to go tics doesn’t always have to win out. grandchildren, hold her shaking hus- after the leadership of al-Qaida. They Unfortunately, some in this body band, and stand tall for hours in a high are the ones who murdered Americans still don’t want to have a debate about school gym in Finlayson, MN, where on 9/11, and they still exist in secure Iraq. It is long past time to have this hundreds of people came to gather for hideaways, according to our intel- debate. The American people have her son’s memorial service. ligence chief. Let’s deal with the great- called for it, our troops have earned it, Claremont Anderson, Kathleen est terrorist threat to this country, ac- and we should be big enough to have it. Wosika, and Becky Lourey are parents Over 3,000 American soldiers are cording to Mr. Negroponte, the head of whose children made the ultimate sac- dead, more than 20,000 have been American intelligence. The greatest rifice in service to their country, and wounded in combat, over 2,000 have lost threat to our country. They exist. They they are among the many Minnesotans their limbs, and more than $350 billion live today, he says, in Pakistan. Let’s who told me without apology they of taxpayer money has gone to Iraq. deal with those issues. want to see a change of course in Iraq. Scores of Iraqis are killed every day in As I indicated earlier, all of us want They pray others will not have to expe- what has essentially devolved into a the same thing for our country. This is rience their pain. not about politics. It cannot be about civil war. Although I opposed this war from the politics. It is about policy and what All across my State, I have heard a beginning, I recognized that many did works for America’s future, what strong and clear message from Min- support it. But 4 years later, we are strengthens our country, what keeps nesotans: Change the course in Iraq now dealing with a dramatically dif- our promise to our soldiers, and what and push for the strategy and solutions ferent situation. What we know now keeps our commitment to ourselves as that will bring our troops home. We about the events and facts leading up one of the great symbols of freedom in need a surge in diplomacy, Mr. Presi- to this war has changed dramatically. the world. That is why I hope we will dent, not a surge in troops. It is a mes- The conditions inside Iraq have get past this issue that has now im- sage that was echoed all across this changed dramatically. Our role there paled this Senate, a debate about country from Montana to Minnesota, has changed dramatically. whether we should debate. The answer from Pennsylvania to Virginia. Unfor- Last November, citizens in Min- clearly ought to be, yes, we ought to tunately, there were those in this nesota and across the country voted for get to the debate that is significant Chamber yesterday who did not listen a new direction in Washington. Ameri- and important to the future of this to that message, who would prefer no cans made clear at the ballot box they great country of ours. debate. This bipartisan resolution ex- Mr. President, I yield the floor, and I presses the strong opposition of this were tired of the politics-as-usual par- suggest the absence of a quorum. body to the President’s decision to stay tisan bickering and that they wanted a The PRESIDENT pro tempore. The the course and send an additional 21,000 meaningful and bipartisan change of absence of a quorum has been sug- American troops to Iraq. I strongly course in Iraq. To the country’s bewil- gested. support this bipartisan resolution and derment, the President responded with The clerk will call the roll. implore my colleagues to allow this a plan to escalate the number of Amer- The legislative clerk proceeded to resolution its due course. ican troops in Iraq. That is not the call the roll. The people of Minnesota, like their change in course the American people Ms. KLOBUCHAR. Mr. President, I fellow citizens around the country, rec- voted for. It is not the change in course ask unanimous consent that the order ognize what is at stake in Iraq. Of the the Iraq Study Group recommended. It for the quorum call be rescinded. 22,000 troops involved in the surge, is not the change in course Iraq needs The PRESIDENT pro tempore. With- nearly 3,000 are from Minnesota. As I to halt its civil war. It is not the out objection, it is so ordered. have traveled throughout our State, I change in course our military forces Ms. KLOBUCHAR. Mr. President, for have spoken with many families who deserve. the last few weeks, a bipartisan group have paid a personal price in this war, Distinguished Senators from both of Senators has worked to bring to the and I think of them often. sides of the aisle are seeking ways for floor a resolution expressing opposition I think of Claremont Anderson from this body to bring about the right kind to the President’s proposal to increase Hoffman, MN, who would drive hun- of change. The bipartisan resolution American troops in Iraq. In an effort to dreds of miles to attend public events proposes a strategy that recognizes the have an honest, thoughtful, and pro- in the last 2 years. I just saw him and facts on the ground in Iraq. It incor- ductive debate, they put aside their dif- his wife Nancy this weekend; they porates many of the recommendations ferences, only to be run over by par- braved 7-degree below-zero wind chills of the Iraq Study Group. tisan politics. I support the bipartisan to come to an event in Glenwood, MN. For years, we have heard from ad- resolution opposing the escalation. I When I see Claremont, any time any- ministration officials, from military

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.015 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1594 CONGRESSIONAL RECORD — SENATE February 6, 2007 officials, and from the Iraqis them- sional oversight for Iraq policy is long the troops would be for this adminis- selves that there can be no military so- overdue. We have seen this bipartisan tration to outline and pursue a com- lution in Iraq. Stability can only be resolution and bipartisan work chal- prehensive strategy that includes the achieved through diplomatic and polit- lenging the President’s proposal for an diplomatic measures that will be essen- ical solutions. This resolution calls on escalation of American troop levels in tial to ending our involvement. the administration to engage other na- Iraq. Even as Commander In Chief, our Mr. President, a reminder: During tions in the region to create conditions President does not enjoy unlimited the Vietnam war our military killed for the compromises between Iraqi Shi- power. On behalf of the public, Mem- more than a million enemy soldiers— ites, Sunnis, and Kurds that will be bers of this body have a responsibility enemy soldiers—by official count of necessary for peace. Furthermore, the to exercise our own constitutional the present Hanoi Government. Actu- resolution calls on the administration power in a fairminded, bipartisan way, ally, that count is 1.4 million enemy to apply pressures on the Iraqis them- to insist on accountability, and to de- soldiers. But without a clear strategy selves to stand up and take responsi- mand a change of course. Ultimately, and without adept diplomacy, that bility for their country. By following the best way to help our soldiers and simply was not enough. From the very the recommendations of this resolu- their families is not only to give them beginning in Iraq, this administration tion, the President would send a much the respect they deserve but also to get has consciously neglected its proper stronger signal to the Iraqis that we this policy right. diplomatic duties. It has attempted to are not going to be staying there in- I hope that my friends across the frame the debate over Iraq’s future as definitely. aisle will see the merits of this resolu- one of military action on the one hand As of last Thanksgiving, this war has tion and the urgency of having an open and a set of vague guidelines to the now lasted longer than World War II, and honest debate on this issue; our Iraqi Government on the other, as if and after nearly 4 years of intensive troops and their families deserve noth- the rest of the region were somehow military involvement in Iraq, including ing less. not crucial to the eventual outcome. more than 3,000 American deaths, we I thank the Chair. This, in and of itself, is a recipe for have to be focused on reducing our Mr. President. I yield the floor. continued violence and for American troop presence in Iraq instead of put- The PRESIDENT pro tempore. The failure in Iraq. ting even more American service men Senator from Virginia is recognized. It is widely known that the Iraqi and women in harm’s way. Haven’t we Mr. WEBB. Mr. President, I thank Government lacks the power to control asked our men and women to sacrifice my good friend, the Senator from Min- the myriad of factions that are causing enough? nesota, for her kind remarks about the chaos. The latest National Intelligence Recently, at the funeral for a fallen people who have served. Estimate not only confirms this, it in- soldier, I heard a local priest say that I emphasize my support for the reso- dicates that these factions have been our leaders have an obligation to do lution—actually, the resolutions—that broken into so many different compo- right by our children when we send were so painstakingly put together by nents that it is not even fair to call them to war. He said that our children a number of senior Senators from both this problem one of sectarian violence may be over 6 feet tall when we send sides of the aisle, only to be denied a any longer. The administration knows them to war, but they are still our full debate and an open vote through this. Most of the administration’s children. ‘‘If the kids we are sending to the procedural motions yesterday strongest supporters know this. Their Iraq are 6 feet tall,’’ he said, ‘‘then our evening. reaction has been to increase the pres- leaders must be 8 feet tall.’’ I would Winston Churchill once wrote about sure on an impotent government and to add that if these soldiers are willing to watching good ideas getting nibbled to go to the well, again and again, asking stand up and risk their lives for our death by ducks. Last night, we saw this for even greater sacrifices from the country, then those of us in the Con- phenomenon in action. We had before military, while ignoring their most gress must be brave enough to stand up the Senate a measure that would allow basic responsibility, which is to put to- and ask the tough questions and push this Congress to speak clearly of con- gether a clear diplomatic effort that for the tough solutions. cerns regarding the woeful lack of lead- will bring full context to the issues Claremont Anderson, Kathleen ership by the President on an issue that face us and, in short order, end Wosika, and Becky Lourey are stand- that affects our Nation and our mili- our involvement. This is not sup- ing tall. The parents I met with this tary people such as no other. And the porting the troops. This is misusing weekend whose kids are supposed to be other side—including some Senators the troops. coming home this month but are now who had helped to draft the resolutions With respect to the troops, I would staying much longer, they are now and had their names on it—punted the caution any political leader who claims doing everything to be brave and stand ball down field rather than giving the to speak on behalf of the political tall. The 400 members of the Air Min- people of this country the debate they views of our men and women in uni- nesota National Guard whose deploy- not only need but are calling for in form. Our military people are largely a ment ceremony I attended Sunday, in every opinion poll. mirror of our society, particularly in Duluth, MN, they are standing tall. Quite simply, there is no way, other the enlisted ranks, and their political The teenage brother and sister who than through a strong resolution or reviews are as diverse as our own. will see not only their dad but also strictive language in an appropriations As one example, last year, a survey their mom be deployed in the next 2 bill, for this Senate to communicate to of those in Iraq indicated that more weeks, those two kids are standing this administration that its so-called than 70 percent believed that the tall. My friend Senator WEBB, who will new strategy is lacking in the most United States should exit Iraq within a speak with us momentarily and whose crucial elements that might actually year. That was a year ago. As I have son is serving bravely, he is over there lead to a solution in Iraq. This is not a said before, it is inverted logic to claim and he is not afraid. He is standing strategy. It is a one-dimensional tac- we should continue to fight this war on tall. The injured soldiers in the VA tical adjustment that avoids the ele- behalf of the troops. The fact is, they hospital in Minnesota recovering from ments of a true overarching national are fighting this war on behalf of the traumatic brain injuries and in their strategy. It relies too heavily on our political process. They deserve polit- wheelchairs with their strength and military, while ignoring the over- ical leadership that is knowledgeable their spirit, they too are standing tall. whelming advice of those with long ex- and that proceeds from an assumption I would say to my friends across the perience in this region that we must that our national goals are equal to the aisle, by having an honest and open de- pursue robust diplomacy in order to sacrifices we are asking them to make. bate on this war and on this resolution, bring this misguided effort to a conclu- For the last 5 years, from before this we in Congress can also and finally sion. invasion, this administration and its stand tall. There have been allegations by those supporters have refused to admit the Our Constitution says that Congress on the other side that we who take this most fundamental truth of the entire should be a responsible check and bal- position are not supporting the troops. war. It is a truth that was echoed over ance on Presidential power. Congres- I submit that the best way to support and over again last month by expert

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.016 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1595 witnesses during more than a dozen time, helped to bring China into the fall into chaos. The primary bene- hearings before the Foreign Relations international community. We should ficiary of that chaos would be al-Qaida. Committee and the Committee on not be afraid of taking similar actions Osama bin Laden and Al-Jazeera have Armed Services, both of which I am with Iran and also, by the way, with said how important it was for them to privileged to serve upon. It is a truth Syria. establish Iraq as their main base of op- that this administration and the archi- The bottom line of all this is this ad- erations. tects of this war too often refuse to ministration and its supporters must Second, there would be chaos and recognize, perhaps because they fear it understand the realities that are caus- slaughter of innocent civilians, both might potentially embarrass them in ing us as a Congress to finally say Shia and Sunni. There would be a tre- the eyes of history. ‘‘enough is enough;’’ that the time has mendous increase in the deaths of ci- The unavoidable truth is that this come for a new approach; that the an- vilians. But even more frightening, the war will never be brought to a proper swer in Iraq and to our fight against neighboring states would likely be conclusion without the active partici- international terrorism and to our di- brought in. The Sunni states would pation of the other countries in the re- minished posture around the world is likely come to the aid of their Sunni gion—all of them. for us to show not only our prowess on brethren, and if that had not already We hear stories of the Saudis helping the battlefield but also our leadership triggered the entrance of Iran into it the Sunni insurgency. We are told by in the diplomatic arena; that, indeed, on behalf of the Shia, it surely would, this administration Iran is equipping we have an obligation to the men and and we could potentially be facing a and training portions of the Shia mili- women who have served so selflessly on major Middle East conflict with many tias. We hear Turkey and Iran are our behalf, to match their proficiency states involved. quietly cooperating to limit the influ- and their loyalties with the kind of I have heard it said that the Levin- ence of Kurds. We hear Syria is the fa- thoughtful leadership that will bring Warner resolution asks we chart a new vorite starting point for many al-Qaida this effort to a proper conclusion. direction. We have charted a new direc- guerillas who infiltrate into Al Anbar If there were other ways to convince tion. And the way forward is a new di- Province. We know the entire region is this administration to change its inef- rection. The President has the agree- being flooded with refugees from the fective one-dimensional approach to ment of Prime Minister al-Maliki and violence in Iraq, including, especially, the situation in Iraq, I would welcome the Shia, Sunni, and Kurdish govern- Jordan and Syria. them, but after 5 years of political dis- ment of Iraq that they will take con- None of this is surprising. Indeed, all array, I do not believe it is so. I sup- trol and they will assume responsi- of it was predictable and predicted, port this resolution as a first step in bility. They need help in training par- even before the invasion of Iraq. I re- reclaiming America’s strategic purpose ticularly their police, but they will call many of the speeches by the Pre- and international reputation. I urge take control. That is where we need to siding Officer on those points. What is my fellow Senators to do the same. be. truly surprising and unsettling is that I yield the floor. We can help pick off the al-Qaida and this administration has not developed The PRESIDENT pro tempore. The the other committed international ter- an overt diplomatic effort to bring Senator from Missouri. rorists, the radical Islamists. But we order out of this chaos in a way that Mr. BOND. Mr. President, I came to need them to resolve this civil strife might allow us to dramatically de- the Senate to talk about the loss of a between Shia and Sunni, and do so in a crease our presence in Iraq and, at the great soldier and dear friend of mine, fair way, including the Kurds and the same time, increase the stability of the but before I do that, I will comment on Sunnis. region, increase our ability to fight a few things we have heard discussed This happens to be the military plan terrorism, and allow us to address stra- this morning. the Baker-Hamilton group supported. tegic challenges elsewhere in the First, our efforts on this side are to They said to enable the Iraqi security, world. get an opportunity to debate and vote These countries have historic, polit- on the Gregg amendment. The Gregg military, and police to take over, we ical, and cultural ties to Iraq. They are amendment, very simply stated—I should send in some troops tempo- going to be involved in Iraq’s affairs in don’t have the full text in front of me— rarily. That is what the President is the future, long after the United States supports our troops. It says we should doing, adding another 21,000 to support departs the region. It is in our national support our troops and not cut off fund- them. interests and, as a great nation, it is ing. That is a valid viewpoint. We are Is this going to work? Well, again, our obligation to take the lead in caus- at war. Traditionally, this Senate has with the release of the National Intel- ing each of these countries to deal re- supported our troops. That used to be ligence Estimate on Iraq and the open sponsibly with Iraq’s chaos and with its the absolute baseline which everyone testimony of the leaders of the intel- future. We did exactly this in 2001, accepted. The main resolution that has ligence community, they said it is an after the invasion of Afghanistan, been referred to, I fear, goes in the open question. It is a tough decision. bringing the major players to the wrong direction. But it is the best option we have. table, including India, Pakistan, and We, in time of war, ought to debate, Yes, they think there is a chance it Iran, and we should do so now. and we will debate fully, and everyone will work. And the Iraqi Government This approach would have additional will have an opportunity to express knows this is their last best chance. benefits beyond Iraq. It would begin to their views—but I think it is very im- They had best make it work. And they loosen the unnatural alliance between portant we not only have an oppor- best get their police trained and their Iran and Syria which could, in turn, in- tunity to vote on the two resolutions military trained. crease the potential for greater sta- which have been discussed but also to Many people have called for bringing bility in Lebanon, Israel, and the sur- vote on the Gregg amendment. As soon in other nations in the Middle East. rounding territories. It would begin to as we can get agreement to do that, I That is what the President and Sec- bring countries such as Iran to a proper am confident the leaders can move for- retary Rice have done, to bring in role of responsibility inside the inter- ward. other nations that will help rebuild the national community. I have also heard in the Senate a Sunni areas and help provide support On this point, I cite an important number of comments from Members to the Iraqis. historical reference. In 1971, China, who do not support a cut-and-run pol- There are some people who say we similar to Iran today, was considered a icy. I have addressed previously the should not have an unlimited commit- rogue Nation. China, in those days, was disaster of an immediate withdrawal ment. Well, the President has told not already a nuclear power. It had an from Iraq. In open testimony, the intel- only this Nation but Prime Minister al- American war on its borders in Viet- ligence community—the Director of Maliki there is a time deadline. We are nam, a war it was actively assisting. National Intelligence—the Director of committed to them but not indefi- We, the United States, took the initia- CIA, the Director of Military Intel- nitely. And if they do not take advan- tive, aggressively opening China ligence, said chaos would reign in Iraq tage of this opportunity, it will be through diplomatic energy and, over if we withdrew precipitously. It would their country which will fall into chaos

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.018 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1596 CONGRESSIONAL RECORD — SENATE February 6, 2007 and be the battleground, perhaps em- Army National Guard—in America, but was later called upon by Governor broiling the entire region, but cer- he was very strong in establishing a John Ashcroft to serve 8 more years in tainly wiping out and causing great Guard presence on Capitol Hill. the Ashcroft administration. death and destruction in their own It was at his urging that I went to General Kiefner not only served Mis- country. So we do have a new direc- my colleague, Wendell Ford of Ken- souri admirably, he also served his nation. tucky, and we set up the National tion with honor. A friend who knew Now, some are pushing a resolution Guard Caucus, on which today Senator him for 35 years during his service in that challenges the President’s imple- PAT LEAHY and I proudly serve as co- the Guard recalls: mentation of the plan. We are trying to chairmen. That caucus has brought to- He was a professional soldier who made a be generals and say General Petraeus— gether 75 to 80 Members of this body to point to know what was going on at every whom we just confirmed unanimously stand up for the necessary resources, level of the Guard, from the enlisted soldiers because he is such a great general, who the necessary personnel, and the nec- to the three star Generals. He knew precisely said we should have those 21,000 essary support of the Guard when ac- what the threat to our homeland was and troops—they are challenging his mili- tive forces in the Pentagon tend to made great efforts to ensure the Guard was prepared to protect us from those threats. tary judgment in the implementation overlook them. of the plan. The Guard is a better place today be- Members of the Army National I know many of my colleagues have cause of the leadership that General Guard knew and respected General followed military policy for many Kiefner showed as he headed the Na- Kiefner and called upon him to serve as years, but I do not think we in this tional Guard, the Adjutants General president of the National Guard Asso- body can determine for the generals Association, as he worked with his col- ciation of the United States, a position what the proper level of troop commit- leagues throughout the country, and as he held proudly and worked diligently ments is. They are the ones who take he and those generals worked to make to enhance our Nation’s modern-day responsibility for the lives of their men sure the Guard was strengthened. minutemen’s and women’s ability to and women. To send a message by The Guard remembers him with great meet their dual-mission at home and adopting a resolution that says we op- fondness. Lieutenant General Vaughn abroad. pose the President’s plan, implementa- of Missouri, who had served in the Upon his retirement from the Na- tion of his plan, is not going to change Guard under General Kiefner, pre- tional Guard in 1993, Major General sending more American troops there. sented the flag to his wonderful wife Kiefner was promoted to the grade of But it will tell al-Qaida: Good news, Marilyn, his sons John and Keith. lieutenant general, Missouri National boys, the Congress is opposing the Charles M. Kiefner was born June 28, Guard Retired List by Governor Mel President. Our chances look better to 1930, in Cape Girardeau, MO. He grad- Carnahan. ‘‘At his own retirement he take over the country. uated from high school in 1948 and at- could not speak because he knew the And it will send a message to friendly tended Westminster College in Fulton. overwhelming emotion he would feel at countries that are trying to help the He earned his bachelor of arts degree leaving the service he loved so dearly Iraqis telling them: Sorry guys, we are from Columbia College in 1975. would overcome him,’’ said one friend not interested in winning this, so you General M. Keifner, or Charlie to his and colleague. ‘‘He was an emotional probably would not want to waste your friends—and I am lucky to have count- man that was totally committed to his effort helping us. ed myself as one of his many—was a country, Missourians, and the men Finally, what does it send as a mes- great man and a great American pa- under his command.’’ sage to our troops: We do not support triot. Under his strong leadership, in- His many decorations and awards in- the military plan they are being asked cluding as the youngest Adjutant Gen- clude: the Distinguished Service Medal, to carry out, the men and women who eral, the men and women in the Mis- Legion of Merit with Oak Leaf Cluster, are risking their lives? Does that make souri National Guard came to exem- Meritorious Service Medal, Army Com- any sense? I fear not. plify the best this country has to offer. mendation Medal, Air Force Com- I hope we can reject very soundly the Having begun his military career by mendation Medal, Good Conduct Levin-Warner amendment and adopt enlisting as a private in Company F, Medal, Army Reserve Components the Gregg amendment and also the 140th Infantry Regiment of the Mis- Achievement Medal, Humanitarian McCain amendment. souri Army National Guard on Sep- Service Medal, Armed Forces Reserve f tember 24, 1947, General Keifner en- Medal, Department of Defense Identi- tered active duty on September 11, fication Badge, Ranger Tab, NGB Dis- REMEMBERING LIEUTENANT 1950, with the 175th Military Police tinguished Service Medal, NGAUS Dis- GENERAL CHARLES M. KIEFNER Battalion of Missouri Army National tinguished Service Medal, Missouri Mr. BOND. Now, Mr. President, let Guard and served in Germany with Meritorious Service Medal, Missouri me turn to another matter, a matter of that unit. He was commissioned a sec- Conspicuous Service Medal, Indiana sorrow. I tell this body that at a won- ond lieutenant, Infantry on December Distinguished Service Medal, Min- derful military ceremony last Satur- 21, 1951. He served as platoon leader, nesota Distinguished Service Medal, day, we laid to rest LTG Charles M. company commander, battalion motor Tennessee Distinguished Service Kiefner, formerly Adjutant General of officer, Battalion S–2, brigade adjutant Medal, Minnesota Medal for Merit, 1992 the Missouri National Guard—a man and S–3, executive officer and logistics Distinguished Alumni Award—West- who I considered a friend for almost 40 officer on the staff of the Adjutant minster College, Field Artillery Asso- years, a man whose career was an General. As a member of the U.S. Army ciation Order of Saint Barbara, Army amazing one. Reserve, from September 11, 1978, to Engineers Association Silver Order of I called on him to serve as my Adju- November 5, 1980, he served as liaison the de Fleury Medal, and the Sons of tant General for the 8 years I served as officer to the U.S. Military Academy, the American Revolution Silver Good Governor. Having come from the West Point. Citizenship Award. Guard, he was the youngest Adjutant General Kiefner was first appointed Charlie understood the great citizen General at the time, still by far the Adjutant General by me on May 8, 1973, soldiers who signed up for the Guard. youngest Adjutant General in Mis- when I served as Missouri’s Governor, When he gave them an order they knew souri. But he knew the citizen soldiers and held the Adjutant General’s posi- he understood them and they were will- who made up the Guard. He knew those tion until March 1977, when I left the ing to follow. citizen soldiers and respected them, Governor’s office. Upon my reelection I have lost a great friend, not just a and they respected him. in 1981, I once again called on this former Adjutant General. There have When I left office and Governor great leader and appointed General been many fine individuals who have Ashcroft took over, he made him his Kiefner to lead the Missouri National worn the uniform of our Nation’s Army Adjutant General for the next 8 years. Guard. General Kiefner served as Adju- National Guard, but none more proudly He served 16 years. In that time, he not tant General throughout my two terms than LTG Charles M. Kiefner. only built the Missouri National Guard as Missouri Governor. As a testament Mr. President, I yield the floor and to be one of the finest units—Air and to his skill and great leadership, he suggest the absence of a quorum.

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.021 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1597 The PRESIDENT pro tempore. The Marine Division, I Marine Expedi- the 1st Combat Engineer Battalion, 1st clerk will call the roll. tionary Force, Camp Pendleton, CA. Marine Division, I Marine Expedi- The assistant legislative clerk pro- SPC Micah S. Gifford, 27, died of inju- tionary Force, Camp Pendleton, CA. ceeded to call the roll. ries suffered when an improvised explo- LCpl Luke C. Yepsen, 20, died Decem- Mr. BOND. Mr. President, I ask unan- sive device detonated near his unit ber 14, due to injuries suffered from imous consent that the order for the while on patrol during combat oper- enemy action in Al Anbar Province, quorum call be rescinded. ations in Baghdad, Iraq, on December Iraq. Lance Corporal Yepsen was as- The PRESIDENT pro tempore. With- 7. Specialist Gifford was assigned to signed to the 1st Tank Battalion, 1st out objection, it is so ordered. the 3rd Battalion, 509th Infantry Regi- Marine Division, I Marine Expedi- tionary Force, Twentynine Palms, CA. f ment, Airborne, 4th Brigade Combat Team, 25th Infantry Division, Fort Cpl Joshua D. Pickard, 20, died De- RECESS Richardson, AK. He was from Redding, cember 19, while conducting combat operations in Al Anbar province, Iraq. Mr. BOND. Mr. President, I ask unan- CA. Corporal Pickard was assigned to the imous consent that under the previous MAJ Megan M. McClung, 34, died De- 2nd Assault Amphibian Battalion, 2nd order the Senate stand in recess until cember 6, while supporting combat op- Marine Division, II Marine Expedi- the appointed hour. erations in Al Anbar province, Iraq. tionary Force, Camp Lejeune, NC. He The PRESIDENT pro tempore. With- Major McClung was assigned to I Ma- was from Merced, CA. out objection, it is so ordered. The Sen- rine Expeditionary Force Headquarters Group, I Marine Expeditionary Force, LCpl Ryan L. Mayhan, 25, died De- ate will stand in recess until the ap- cember 21, while conducting combat pointed hour. Camp Pendleton, CA. SPC Nicholas P. Steinbacher, 22, died operations in Al Anbar province, Iraq. There being no objection, the Senate, Lance Corporal Mayhan was assigned at 12:22 p.m., recessed until 3:30 p.m. on December 10, in Baghdad, Iraq, when an improvised explosive device deto- to the 3rd Battalion, 4th Marine Regi- and reassembled when called to order ment, 1st Marine Division, I Marine by the Presiding Officer (Mrs. MUR- nated near his military vehicle. Spe- cialist Steinbacher was assigned to B Expeditionary Force, Twentynine RAY). Palms, CA. He was from Hawthorne, The PRESIDING OFFICER. The Sen- Company, 2nd Battalion, 5th Cavalry Regiment, 1st Cavalry Division, Fort CA. ator from California is recognized. LCpl Ryan J. Burgess, 21, died De- Hood, TX. He was from La Crescenta, cember 21, while conducting combat f CA. operations in Al Anbar province, Iraq. ORDER OF PROCEDURE LCpl Clinton J. Miller, 23, died De- cember 11, while conducting combat Lance Corporal Burgess was assigned Mrs. BOXER. Madam President, I ask operations in Al Anbar province, Iraq. to the 3rd Battalion, 4th Marine Regi- ment, 1st Marine Division, I Marine unanimous consent that during the Lance Corporal Miller was assigned to Expeditionary Force, Twentynine time controlled by the Democrats this Marine Wing Support Squadron 373, Palms, CA. afternoon, the following be recognized Marine Wing Support Group 37, 3rd Ma- to speak for up to 10 minutes each, ex- Hospitalman Kyle A. Nolen, 21, died rine Aircraft Wing, I Marine Expedi- December 21, in Al Anbar Province, cept where noted, and that each side tionary Force, Marine Corps Air Sta- alternate when appropriate: BOXER, Iraq, as a result of enemy action. tion, Miramar, CA. Hospitalman Nolen was assigned to H MURRAY, DODD, 15 minutes; KERRY, 15 Cpl Matthew V. Dillon, 25, died De- minutes; NELSON of Florida, REED, Company, 3rd Battalion, 4th Marine Di- cember 11, while conducting combat vision, Regimental Combat Team 7, I HARKIN, and WHITEHOUSE. operations in Al Anbar province, Iraq. The PRESIDING OFFICER (Mrs. Marine Expeditionary Force Forward, Corporal Dillon was assigned to Marine Twentynine Palms, CA. MCCASKILL). Without objection, it is so Wing Support Squadron 373, Marine ordered. LCpl Fernando S. Tamayo, 19, died Wing Support Group 37, 3rd Marine Air- December 21, while conducting combat f craft Wing, I Marine Expeditionary operations in Al Anbar province, Iraq. Force, Marine Corps Air Station, HONORING OUR ARMED FORCES Lance Corporal Tamayo was assigned Miramar, CA. to the 3rd Battalion, 4th Marine Regi- CALIFORNIA CASUALTIES FROM IRAQ AND LCpl Budd M. Cote, 21, died December ment, 1st Marine Division, I Marine AFGHANISTAN 11, while conducting combat operations Expeditionary Force, Twentynine Mrs. BOXER. Madam President, in Al Anbar province, Iraq. Lance Cor- Palms, CA. He was from Fontana, CA. today I rise to pay tribute to 37 young poral Cote was assigned to Marine SPC Elias Elias, 27, died December 23, Americans who have been killed in Iraq Wing Support Squadron 373, Marine in Baghdad, Iraq, of wounds suffered since November 17, 2006. This brings to Wing Support Group 37, 3rd Marine Air- when an improvised explosive device 677 the number of soldiers who were ei- craft Wing, I Marine Expeditionary detonated near his vehicle while on pa- ther from California or based in Cali- Force, Marine Corps Air Station, trol. Specialist Elias was assigned to fornia that have been killed while serv- Miramar, CA. the 3rd Squadron, 61st Cavalry Regi- ing our country in Iraq. This represents MSgt Brian P. McAnulty, 39, died De- ment, 2nd Brigade Combat Team, 2nd 22 percent of all U.S. deaths in Iraq. cember 11, when the CH–53 helicopter Infantry Division, Fort Carson, CO. He SFC Tung M. Nguyen, 38, died on No- he was riding in crashed just after was from Glendora, CA. vember 14, in Baghdad, Iraq, of injuries takeoff in Al Anbar province, Iraq. SPC Michael J. Crutchfield, 21, died sustained from small arms fire. Ser- Master Sergeant McAnulty was as- December 23, in Balad, Iraq, of a non- geant First Class Nguyen was assigned signed to the 3rd Battalion, 4th Marine combat related injury. Specialist to B Company, 2nd Battalion, 3rd Spe- Regiment, 1st Marine Division, I Ma- Crutchfield was assigned to the 3rd cial Forces Group, Fort Bragg, NC. He rine Expeditionary Force, Twentynine Battalion, 4th Air Defense Artillery was from Tracy, CA. Palms, CA. Regiment, Fort Bragg, NC. He was LCpl Jeromy D. West, 20, died No- CPT Kevin M. Kryst, 27, died Decem- from Stockton, CA. vember 25, while conducting combat ber 18, from wounds received while con- SGT Lawrance J. Carter, 25, died De- operations in Al Anbar province, Iraq. ducting combat operations in Al Anbar cember 29, in Baghdad, Iraq, of wounds Lance Corporal West was assigned to province, Iraq. Captain Kryst was as- sustained when an improvised explo- the 2nd Battalion, 3rd Marine Regi- signed to Marine Light-Attack Heli- sive device detonated near his vehicle ment, 3rd Marine Division, III Marine copter Squadron 267, Marine Aircraft during combat operations. Sergeant Expeditionary Force, Kaneohe Bay, HI. Group 39, 3rd Marine Aircraft Wing, I Carter was assigned to the 1st Bat- He was from Aguanga, CA. Marine Expeditionary Force, Camp talion, 18th Infantry Regiment, 2nd Cpl Dustin J. Libby, 22, died Decem- Pendleton, CA. Brigade Combat Team, 1st Armored Di- ber 6, while conducting combat oper- LCpl Nicklas J. Palmer, 19, died De- vision, Schweinfurt, Germany. He was ations in Al Anbar province, Iraq. Cor- cember 16, while conducting combat from Rancho Cucamonga, CA. poral Libby was assigned to the 2nd operations in Al Anbar province, Iraq. SPC Luis G. Ayala, 21, died December Battalion, 4th Marine Regiment, 1st Lance Corporal Palmer was assigned to 28, in Taji, Iraq, of wounds suffered

VerDate Aug 31 2005 04:08 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.022 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1598 CONGRESSIONAL RECORD — SENATE February 6, 2007 when an improvised explosive device Battalion, 509th Infantry Regiment, he was talking about. After nearly 4 detonated near his unit while on com- Airborne, 4th Brigade Combat Team, years in Iraq, I know of no one today bat patrol. Specialist Ayala was as- 25th Infantry Division, Fort Richard- who would argue with that statement. signed to the 2nd Squadron, 8th Cav- son, AK. He was from San Diego, CA. As Members of Congress, we have an alry Regiment, 1st Brigade Combat PFC Michael C. Balsley, 23, died on awesome responsibility to decide Team, 1st Cavalry Division, Fort Hood, January 25, in Baghdad, Iraq, when an whether to send America’s sons and TX. He was from South Gate, CA. improvised explosive device detonated daughters into war. I voted against the Sgt Aron C. Blum, 22, died December near his military vehicle. Private First resolution authorizing the President to 28, at the Naval Medical Center in San Class Balsley was assigned to the 3rd go to war in Iraq because I didn’t be- Diego, California, of a nonhostile cause Squadron, 61st Cavalry Regiment, 2nd lieve we should have been rushing to after being evacuated from Al Anbar Infantry Division, Fort Carson, CO. He say to the President: Go it alone, you province, Iraq, on December 8. Ser- was from Hayward, CA. have a blank check. geant Blum was assigned to Marine LCpl Anthony C. Melia, 20, died Jan- This is what I said at the time, Octo- Aerial Refueler Transport Squadron uary 27, while conducting combat oper- ber 10, 2002, which is just before this 352, Marine Aircraft Group 11, 3rd Ma- ations in Al Anbar province, Iraq. Senate voted to give the President au- rine Aircraft Wing, I Marine Expedi- Lance Corporal Melia was assigned to thority to go to war: tionary Force, Marine Corps Air Sta- Battalion Landing Team 2nd Battalion, I never have seen a situation where the tion, Miramar, CA. 4th Marine Regiment, 15th Marine Ex- President of the United States asked for the PFC Ming Sun, 20, died January 9, in peditionary Unit, Special Operations ability to go to war alone and yet has not Ar Ramadi, Iraq, of wounds suffered Capable, I Marine Expeditionary Force, told the American people what that would when his unit came in contact with Camp Pendleton, CA. He was from mean. How many troops would be involved? How many casualties would there be? Would enemy forces using small arms fire Thousand Oaks, CA. the U.S. have to foot the entire cost of using during combat patrol operations. Pri- SPC Carla J. Stewart, 37, died Janu- force against Iraq? If not, which nations are vate First Class Sun was assigned to ary 28, in Tallil, Iraq, of injuries suf- ready to provide financial support? Troop the 1st Battalion, 9th Infantry Regi- fered when her convoy vehicle rolled support? What will the cost be to rebuild ment, 2nd Brigade Combat Team, 2nd over. Specialist Stewart was assigned Iraq? How long would our troops have to stay Infantry Division, Fort Carson, CO. He to the 250th Transportation Company, there? What if our troops become a target for was from Cathedral City, CA. El Monte, CA. She was from Sun Val- terrorists? 2LT Mark J. Daily, 23, died on Janu- ley, CA. Obviously, I didn’t know the answers ary 15, in Mosul, Iraq, when an impro- CWO 3 Cornell C. Chao, 36, died on to those questions that weighed on my vised explosive device detonated near January 28, in Najaf, Iraq, of injuries heart that day, but today I know that his military vehicle. Lieutenant Daily sustained when his helicopter crashed. there are more than 138,000 troops serv- was assigned to the 2nd Battalion, 7th Chief Warrant Officer Three Chao was ing in Iraq, with a big escalation to Cavalry Regiment, 1st Cavalry Divi- assigned to the 4th Battalion, 227th come, an escalation that the Repub- sion, Fort Bliss, TX. He was from Aviation Regiment, 1st Cavalry Divi- licans would not allow us to vote on. I Irvine, CA. sion, Fort Hood, TX. He was from Or- know that 3,098 soldiers have been CAPT Brian S. Freeman, 31, died ange, CA. killed and more than 23,000 have been January 20, in Karbala, Iraq, of wounds PFC David T. Toomalatai, 19, died on wounded. I know we have spent $379 suffered when his meeting area came January 27, in Taji, Iraq, when an im- billion and that doesn’t include the under attack by mortar and small arms provised explosive device detonated President’s latest request. And I know, fire. Captain Freeman was assigned to near his military vehicle. Private First as we all do, that our troops are targets the 412th Civil Affairs Battalion, Class Toomalatai was assigned to for terrorism and that 61 percent of Whitehall, OH. He was from Temecula, Headquarters and Headquarters Com- Iraqis think it is OK to shoot an Amer- CA. pany, 2nd Battalion, 8th Cavalry Regi- ican soldier. How can this President SPC Jeffrey D. Bisson, 22, died Janu- ment, 1st Cavalry Division, Fort Hood, send more of our troops into a country ary 20, in Karma, Iraq, of wounds sus- TX. He was from Long Beach, CA. he says he is trying to help when 61 tained when an improvised explosive LCpl Adam Q. Emul, 19, died January percent of the Iraqi people say it is OK device detonated near his Humvee. 29, from wounds received while con- to shoot and kill an American soldier, Specialist Bisson was assigned to the ducting combat operations in Al Anbar and 71 percent of Iraqis want us out of 3rd Battalion, 509th Infantry, Airborne, province, Iraq. Lance Corporal Emul Iraq within a year? We now have an- 4th Brigade Combat Team, 25th Infan- was assigned to 3rd Battalion, 4th Ma- swers to the questions I raised that try Division, Fort Richardson, AK. He rine Regiment, 1st Marine Division, I bleak day—terrible answers. Yet my was from Vista, CA. Marine Expeditionary Force, Republican colleagues wouldn’t allow LCpl Andrew G. Matus, 19, died Janu- Twentynine Palms, CA. us to vote on a resolution opposing an ary 21, from wounds received while con- SGT William M. Sigua, 21, died on escalation of this war, an escalation of ducting combat operations in Al Anbar January 31, in Bayji, Iraq, when his dis- over 40,000 troops, when you consider province, Iraq. Lance Corporal Matus mounted patrol received small arms the support troops. was assigned to Battalion Landing fire. Sergeant Sigua was assigned to C We know that a majority of Senators Team 2nd Battalion, 4th Marine Regi- Company, 1st Battalion, 505th Para- oppose this escalation. We know the ment, 15th Marine Expeditionary Unit, chute Infantry Regiment, 82nd Air- majority of the American people op- Special Operations Capable, I Marine borne Division, Fort Bragg, NC. He was pose this escalation. Yet we can’t vote Expeditionary Force, Camp Pendleton, from Los Altos, CA. on it. Many of us have gone further. We CA. I would also like to pay tribute to have proposed resolutions and bills to LCpl Emilian D. Sanchez, 20, died the soldier from California who has start redeploying our troops out of January 21, from wounds received died while serving our country in Oper- Iraq. We have called on the Iraqis—a while conducting combat operations in ation Enduring Freedom since Novem- majority of us last year—to shoulder Al Anbar province, Iraq. Lance Cor- ber 17. the burden of defending their own poral Sanchez was assigned to Bat- SPC Jeffrey G. Roberson, 22, died on country. talion Landing Team 2nd Battalion, November 28 in Logar, Afghanistan, It seems like yesterday when we 4th Marine Regiment, 15th Marine Ex- from injuries sustained when an impro- passed the 1,000 dead mark and then peditionary Unit, Special Operations vised explosive device detonated near 1,500 dead mark and then the 2,000 dead Capable, I Marine Expeditionary Force, his patrol. Specialist Roberson was as- mark and then the 2,500 dead mark. Camp Pendleton, CA. signed to the 230th Military Police Now it is more than 3,000 dead. I re- SSG Jamie D. Wilson, 34, died Janu- Company, Kaiserslautern, Germany. He member when we hit the 2,500 dead ary 22, in Fallujah, Iraq, from wounds was from Phelan, CA. mark last June. A reporter at the suffered while conducting security op- IRAQ ESCALATION White House press briefing asked Mr. erations in Karmah, Iraq. Staff Ser- When General William Sherman said Bush’s press secretary, Tony Snow, if geant Wilson was assigned to the 3rd ‘‘war is hell,’’ he certainly knew what the President had any reaction. Mr.

VerDate Aug 31 2005 04:08 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.030 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1599 Snow said: ‘‘It’s a number, and every ite or Sunni militia, but we know that President Franklin Delano Roo- time there’s one of those 500 bench- our soldiers, working with Iraqis, sevelt, the man who knew a thing or marks, people want something.’’ killed several hundred gunmen in a two about being at war said: What does that even mean? He calls fierce fight and a helicopter went In the truest sense, freedom cannot be be- 500 American dead benchmarks? That down, our helicopter, and we lost our stowed; it must be achieved. was a low point even for this adminis- people. The Iraqis must achieve it. We can- tration that keeps on saying, if you The reporters point out that our not want it for them more than they don’t support the war, you don’t sup- forces are fighting ‘‘a complex patch- are willing to fight for it themselves. port the troops. That is hogwash. How work of elusive enemies,’’ and the All we are doing by sending more do you support the troops when you deaths outside of Najaf would con- troops to Iraq is feeding an already send them into the middle of a civil stitute the highest daily casualty toll out-of-control dependence. So I believe war where they don’t even know who is inflicted by U.S. and Iraqi forces since we must not only speak out against the shooting at them? How do you support U.S. troops arrived in Baghdad shortly escalation, but we should do every- the troops? Three thousand ninety- after the March 2003 invasion. thing in our power to stop it. We need eight soldiers dead is not just a num- This group we wound up fighting, be- to convene an international con- ber; those are people. That is 3,098 fam- cause the Iraqi soldiers couldn’t handle ference, as the Iraq Study Group called ilies who are forever changed. To put it and they called us in, call them- for. We need to call for a cease-fire. I more of them in harm’s way, to esca- selves Heaven’s Army, a messianic cult haven’t heard the word out of the late our involvement does not say to who believes in the imminent return of Malaki’s lips, ‘‘cease-fire.’’ It is his me we love them. It says to me we have Imam Mahdi, the last in the line of country. His people are killing each not thought this through. We are not Shiite saints who disappeared more other. ‘‘Cease-fire’’ would be a term of listening or this administration is not than 1,000 years ago. art to give people hope that there can Nomas, who is a spokesperson for the listening to the Iraq Study Group. It is be peace. At this international con- Iraqis, went on to lament to the report- not listening to the military generals ference, we can look at the long-term ers that many Shiites believe the end who came before us to say this is solutions. Right now our troops have days are coming, due to all of the vio- wrong. It is not listening to the Amer- mission impossible, acting as a police lence. This is what he said: ican people. force in the middle of what is, by most Again and again this White House There’s nothing bizarre in Iraq anymore. accounts, a civil war. We’ve seen the most incredible things. closes its eyes on the reality of this Nowhere in the resolution this Sen- war. I know they don’t want to see the People think the end is near, and ate voted on authorizing force is it tragic truth. But if you are going to that is what this President is sending stated our soldiers’ mission is being in make a decision to send our soldiers to more troops into. the middle of a shooting civil war. We Our troops have seen things we can war, you better be able to look at the ought to ask this President to come hardly imagine, things that may haunt consequences of that decision. They back with a new authorization, if that them throughout their lives. I have would not even let us vote on this esca- is what he wants to do. worked hard with my colleagues on Senator WARNER has said that in the lation. The White House doesn’t want both sides of the aisle to try and fash- that vote. They don’t want to be sec- past. He said: ion some legislation so we have a com- I think we have to examine very carefully ond-guessed. They don’t want to be em- mission that is set up to look at the barrassed. They don’t want to hear what Congress authorized the president to do mental health problems of our soldiers. in the context of a situation, if we’re faced what this Democratic Congress has to They are deep, the signature wounds of with all-out civil war. say. And guess what. Elections have this war, brain damage and Well, that time has come. This Presi- consequences—how many times has the posttraumatic stress. dent should, A, send a signal that he President told us that—and this elec- In other parts of Iraq that Sunday, in wants to see us vote on this escalation tion had consequences. It means we addition to that school I showed and in of his and, B, be willing to come back have to take off the rose-colored glass- addition to the fight with Heaven’s with a new authorization that says es. Army, the messianic cult, we lost two clearly that it is fine for our troops to Let’s look at the events of Sunday, U.S. soldiers and a marine. In Kirkuk, be in the middle of a civil war. Enough January 28, in Iraq, as told by two Los violence raged. In Babil Province, mor- is enough. Angeles Times reporters, Louise Rough tar rounds killed 10, and 5 bodies were Enough is enough. We have to end and Borzou Daragahi. That Sunday in found in the Tigris River. There was an the paralysis of ‘‘stay the course.’’ This America happened to be my wedding assassination in Kut, a deadly car is a time of great challenge for the U.S. anniversary, a day of rest for many, a bombing in Fallujah. In western Bagh- Congress. I have been very proud these day of relaxation, a day for religion, a dad, explosives hidden in a wooden cart past few weeks to see my colleagues on day for football, a day for basketball, a killed 4 and injured 18, and an Industry both sides of the aisle begin to speak day for movies, a day for fun, a day for Ministry advisor and his daughter were out forcefully against this. For me, it family; in Iraq, a day of hell. shot to death. is easy to oppose the President on this The headline of the LA Times, the On the east side of the Tigris, a bomb war because, as I said, I voted against following Monday, reads: ‘‘Hundreds exploded on a bus, killing one. Two it, as did the occupant of the chair at Die in Clash near Iraq Holy City.’’ Here other bombs exploded, killing seven. A that time. We didn’t have our ques- is the article. I don’t know if this can bank clerk was killed by gunmen in a tions answered. I understand it is hard- be seen on the television, but it is a car near her home. This was all in this er for others. But I believe everybody— beautiful young girl, an Iraqi teenage one article. This is one day, January at least a majority of the Senate— girl. It could be your daughter; it could 28, one day. Fifty-four bodies were wants to vote on this escalation. They be mine. She is leaving school. She is found, including a woman kidnapped 2 want to be heard on behalf of their con- stepping down steps that are bloodied days prior. stituents. by the blood of her schoolmates. She is And finally, in Diyala Province So it is times like these that I recall barely looking around, and no one is northeast of Baghdad, 1,500 policemen, the words of one of my heroes, the helping her. This is a sight that is too Iraqis, were charged with absenteeism great Martin Luther King, who said: often the reality in Iraq. The child has and fleeing fighting. And this is what The ultimate measure of a man [and I sus- seen what no child should ever see, the President is sending more of our pect he meant woman, also] is not where what we would do anything in the American soldiers into, and they they stand in the moments of comfort, but world to stop our children from seeing. wouldn’t let us vote on it here. It is ab- where they stand at times of challenge and And she appears numb. solutely outrageous. It is immoral that controversy. The reporters write about fighting we cannot vote on whether we agree He also said: erupting near holy city of Najaf on the with this escalation. Our soldiers gave Our lives begin to end the day we become Shiite holiday of Ashura. There were the Iraqis their freedom, their Govern- silent about things that matter. conflicting reports as to whether the ment, a sovereign nation, and now it is Well, this escalation matters. We fighters causing the trouble were Shi- the Iraqis’ turn to decide their future. ought to be heard on it.

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.031 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1600 CONGRESSIONAL RECORD — SENATE February 6, 2007 I commend my leader, Senator REID, the same thing that has been asked behave mentioned—this week, or when- for holding firm on this issue. There fore. The issue before the American ever we finish them, then we would ought to be an up-or-down vote on this people is whether the President of the begin the Presidents Day recess at the escalation. United States, on his own, should be conclusion of this week. One of the I yield the floor. able to send 48,000 American soldiers to things we found is that because of the The PRESIDING OFFICER. The Re- Iraq, costing approximately $30 billion accelerated work schedule, people are publican leader is recognized. extra. having a lot of work to do at home. So f The Republicans can run, as I said that is why we would do this. UNANIMOUS-CONSENT REQUEST yesterday, but they cannot hide. That Madam President, there would be no is the issue before the American peo- amendments to the CR from either Mr. MCCONNELL. Madam President, ple. We all support the troops, and we side. I mention that because, in getting my good friend, the majority leader, have fought very hard, in spite of our to the point where we are, there has and I have been in a discussion over the misgivings about this war, to make been total consultation by the major- last few days, going back to last week, sure they have everything they have ity and minority, each subcommittee, over how to go forward on the Iraq de- needed. and the majority and ranking mem- bate. As I have indicated to him both It is interesting that there is a lot of bers. The chair and ranking members privately and publicly, we on this side talk about the Gregg amendment. But work very closely. One of the people of the aisle were certainly looking for- if you look at the Gregg amendment heavily involved in this, for example, is ward to having an Iraq debate this and at page 2—the last paragraph on Senator DOMENICI, my long-term part- week and are prepared to do so and are page 2 of his amendment—and you look ner on the Energy and Water Sub- ready to go forward. in the Warner amendment on page 3, I think we all agree at this moment committee on Appropriations. He paragraph 4, it is identical language. that there is no more important issue fought for more, and he got more. That Warner has encapsulated within his facing the Nation than the mission and happened with many Republicans who amendment what Gregg wanted, which the fate of the American service men spoke out, and most of them did. is the so-called ‘‘resolve clause.’’ and women in Iraq. This means, of I further say that if there were ever This is all a game to divert attention course, that the men and women of this a bipartisan measure, it is the con- from the fact that we have before us body have no higher duty than to ex- tinuing resolution. But we have to fin- now an issue that the American people press ourselves openly and honestly on ish before February 15. want us to address: whether there this issue, to take a stand on where we So I ask my friend, the Republican should be a surge, an escalation, an stand. The only truly meaningful tool leader, to accept my alteration to his augmentation of the already disastrous the Framers gave us to do this was our unanimous consent request. war taking place in Iraq, causing 3,100 ability to fund or not fund a war. That The PRESIDING OFFICER. Is there American deaths, approximately; 24,000 is it. This is what Republicans are in- objection to the request? sisting upon—that the Members of this wounded American soldiers, a third of Mr. MCCONNELL. Madam President, body express themselves on the ques- whom are hurt very badly; 2,000 are reserving the right to object, and I will tion of whether to fund or not to fund missing multiple limbs—brain injuries, object, let me remind our colleagues the war in Iraq. blindness, paralysis. That is what 8,000 that 4 years ago last month, we were at I had indicated to my good friend, American soldiers now are going exactly the same situation. My party the majority leader, that I would be through—men and women. came back to the majority. The Demo- propounding another unanimous-con- So I ask my friend to amend his re- cratic majority of the previous Con- sent request at this point, and I will do quest in the following manner: gress had not passed 11 out of the 13 ap- that now. I ask unanimous consent that the propriations bills. And what did the I ask unanimous consent that, at a Foreign Relations Committee be dis- new Republican majority do? We took time determined by the majority lead- charged from further consideration of up an omnibus collection of appropria- er, after consultation with the Repub- S. Con. Res. 7, by Senator WARNER, and tions bills. We had over 100 amend- lican leader, the Senate proceed en S. Res. 70, by Senator MCCAIN, and the ments offered. We gave everybody in bloc to the following concurrent reso- Senate proceed to their consideration the Senate an opportunity to offer lutions under the following agreement: en bloc; that there be 6 hours for de- amendments, and we disposed of all of S. Con. Res. 7, the Warner resolution, bate equally divided between the two those appropriations bills over a cou- which is to be discharged from the For- leaders or their designees on both reso- ple-week period. eign Relations Committee; McCain- lutions, to be debated concurrently; What my good friend, the majority Lieberman-Graham, regarding bench- that no amendments or motions be in leader, is suggesting is that we take up marks; Gregg, relating to funding. order to either resolution; that at the a continuing resolution of 11 appropria- I further ask unanimous consent that conclusion or yielding back of the tions bills, with no amendments what- there be a total of 10 hours of debate time, the Senate vote on Senator soever, and he offers as an enticement equally divided between the two lead- MCCAIN’s resolution, followed by a vote an extra week off. This is completely ers or their designees; provided further on Senator WARNER’s resolution; that unacceptable to the minority. First, he that no amendments be in order to any if either resolution fails to garner 60 is saying that we cannot get adequate of these measures; further, that at the votes, the vote be vitiated and the res- consideration to our Iraq proposals. use or yielding back of time, the Sen- olution be returned to its prior status; Second, he is saying we cannot have ate proceed to three consecutive votes that immediately following the votes any amendments to an over $400 billion on the adoption of the concurrent reso- on the resolutions I have just men- continuing appropriation. Therefore, I lutions in the following order, with no tioned, the Senate turn to the consid- object. further action or intervening action or eration of H.J. Res. 20, the infamous The PRESIDING OFFICER. Objec- debate: McCain-Lieberman-Graham, on continuing resolution, funding the tion is heard. benchmarks; Gregg, on funding and Government after February 15 for the Mr. REID. Madam President, I will supporting our troops; S. Con. Res. 7, rest of the fiscal year; that there be 4 continue reserving the right to object the Warner resolution. hours for debate on the joint resolu- to my friend’s unanimous consent re- Finally, I ask unanimous consent tion; that no amendments or motions quest. Prior to making a decision on that any resolution that does not re- be in order in relation to it; that at the that, I want to read to everybody here ceive 60 votes in the affirmative, the conclusion or yielding back of the from page 3, paragraph 4, of the Warner vote on adoption be vitiated and the time, the Senate vote on final passage resolution: of the joint resolution; that if the joint concurrent resolution be returned to The Congress should not take any action its previous status. resolution fails to get 60 votes, the vote that will endanger United States military The PRESIDING OFFICER. Is there be vitiated and the joint resolution be forces in the field, including the elimination objection? returned to the calendar. or reduction of funds for troops in the field, Mr. REID. Madam President, reserv- I announce that if we are able to do as such an action with respect to funding ing the right to object, this is basically that—dispose of these three items I would undermine their safety or harm their

VerDate Aug 31 2005 04:08 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.033 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1601 effectiveness in pursuing their assigned mis- going to the science bill, and I guess it tiveness in pursuing their assigned sions. is modern math. We don’t accept that, missions. Madam President, I object. Madam President. What we demand for I don’t think it requires a great deal Mr. MCCONNELL. Madam President, the American people is an up-or-down of explanation. It is simply a state- it is clear now to the minority that vote on the escalation of the war in ment of commitment to our troops five proposals on our side were too Iraq. McCain has been filed. Let’s vote which seems reasonable. It is hard for many, three proposals were too many, on it. Let’s vote on Warner. That is our me to understand how we can send and two proposals were too many, but proposal. We haven’t wavered from troops on a mission, walking the the majority leader offered us one last that. We will not waiver from that. streets of Baghdad—American troops, week. He said: I will take one and you That is what the American people de- American men and women—and not take one. So I am going to modify my mand and ultimately they will get. I say to those men and women: Listen, request of a few moments ago which, as object. we are going to support you with the the leader indicated, was exactly the The PRESIDING OFFICER (Mrs. financing, with the logistics, with the same as my request of late last week. I MCCASKILL). Objection is heard. equipment you need to be as safe as am going to modify my request. The Republican leader. you possibly can be in this very dan- As I have said repeatedly, the Mem- Mr. MCCONNELL. Madam President, gerous mission you are undertaking for bers on this side of the aisle are ready as my good friend on the other side of our Nation. and willing to proceed with this debate. the aisle frequently reminded us last That is all it says. I can’t understand At the outset, I indicated we were pre- year, the Senate is not the House. It is why the other side isn’t willing to pared to enter into, as I said a moment not possible in this body for the major- allow a vote on that resolution. If they ago, an agreement for debate and votes ity to dictate to the minority the con- want to vote on the Warner amend- on various resolutions. We had hoped tents of this debate. What we are ask- ment, it doesn’t make any sense. for a number—and it was pretty chal- ing for, by any standard, is reasonable: Mr. MCCONNELL. Madam President, lenging, frankly, to pare down the One alternative—just one—to the pro- reclaiming my time, the other side just number on our side. As I indicated, we posal on which my good friend, the ma- proposed an agreement that mandates started with five. That was rejected jority leader, is seeking to get a vote. 60 votes on two resolutions. Those are from the other side. We pared our pro- We don’t object to having this debate. their words on paper. We agree to those posals down to two. That meant three We are ready and willing to have this terms, but at least we are suggesting proposals in total—the Warner pro- debate, anxious to have this debate, that we be allowed to pick the proposal posal and two additional ones—to be but we insist on fundamental fairness. on our side, as Senator GREGG has just debated for a reasonable amount of The Gregg amendment is about the outlined what the proposal on our side time and then three votes—the unani- troops. How can we have a debate on would be. mous consent request I just pro- Iraq and have no debate about the The majority leader apparently seeks pounded. troops? Do we support them or don’t to dictate to us what the proposal on I think what we just offered was a we? That is what the Gregg amend- our side would be. That is simply unreasonable approach and would allow ment is about, and Senate Republicans heard of in the Senate, that he is tell- the Senate to have those votes this insist that we consider those who are ing us that on the continuing resolu- week. Evidently, as I indicated, three being sent to Iraq, over and above the tion, we will get no amendments at all, proposals are too many. So, therefore, current troops deployed there, in our and on the Iraq resolution, he will pick in order to allow us to move forward debate, which is entirely about the ad- for us what our proposal is to be. I with this important debate, I am pre- ditional troops going to Iraq. think that doesn’t pass the fairness pared to have votes on just two resolu- I assume the whole genesis of this de- test. tions. bate this week is the question of addi- I see the Senator from New Hamp- Therefore, I ask unanimous consent tional troops going to Baghdad under shire on the Senate floor. I wonder if that at a time determined by the ma- the direction of General Petraeus to he has any further observations he jority leader, after consultation with try to quiet the capital city and allow would like to make. the Republican leader, the Senate pro- this fledgling democracy to begin to Mr. GREGG. Madam President, I ceed en bloc to two concurrent resolu- take hold. And the Gregg amendment— would simply like to inquire of the Re- tions under the following agreement: S. Senator GREGG is right here on the publican leader, have you ever in your Con. Res. 7, the Warner resolution, floor of the Senate and is fully capable experience seen a time when—either which is to be discharged from the For- of explaining what the Gregg amend- the Republican leadership or the Demo- eign Relations Committee; and Senator ment is about. I ask the Senator from cratic leadership—the majority party GREGG’s amendment related to the New Hampshire, what is the essence of says to the minority party: We will set funding and supporting our troops. the Gregg amendment which we seek forth the amendments on which we are I further ask unanimous consent that to have voted on in the context of this going to vote, and we will also set forth there be a total of 10 hours of debate Iraq war? and write the amendment on which you equally divided between the two lead- Mr. GREGG. Madam President, I will are going to vote? ers or their designees; provided further attempt to read it. I first have to find Mr. MCCONNELL. Madam President, that no amendments be in order to any my glasses. My wife told me I had to I say to my friend from New Hamp- of the measures; further, that at the use my glasses. shire, I have been here now—it is hard use or yielding back of time, the Sen- The resolution which I proposed and to believe—a couple of decades, and I ate proceed to two consecutive votes which I understand the Republican cannot recall a time in which one side on the adoption of the concurrent reso- leader has suggested be the Republican has dictated to the other side what lutions in the following order, with no alternative or the alternative pre- their proposal will be in a legislative further action or intervening debate: sented—in fact, it will have Demo- debate. the Gregg resolution supporting the cratic support, I suspect, enough so Mr. GREGG. I understand, I ask the troops and S. Con. Res. 7, sponsored by that maybe the majority leader doesn’t Republican leader further, especially Senator WARNER. want it voted on because it might have since it seems ironic in the context of Finally, I ask unanimous consent so much Democratic support. putting forward a commitment to say that any resolution that does not re- In any event, it is a proposal that to the men and women who are fight- ceive 60 votes in the affirmative, the simply states that it is the sense of the ing for us: We shall give you the sup- vote on adoption be vitiated and the Congress that Congress should not take port you need when you are sent on a concurrent resolution be returned to any action that will endanger U.S. mission; they are not choosing to go on its previous status. military forces in the field, including this mission; they are members of the Mr. REID. Reserving the right to ob- the elimination or reduction of funds military who, under their responsi- ject, we have gone from this morning for troops in the field, as such action bility as members of the military, are and trying to copy one of the trick with respect to funding would under- being sent on a mission; is it not rea- plays from the Super Bowl to now mine their safety or harm their effec- sonable that we should say to them: We

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.034 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1602 CONGRESSIONAL RECORD — SENATE February 6, 2007 will give you the logistical support, fi- that not a single Republican Senator I ask the Senator: He heard me read nancial support, the equipment you has come to the floor and said: I sup- the language of my resolution earlier, need in order to fulfill that mission port President Bush sending 48,000 and I will read it again, if he wishes. correctly? more troops to Iraq. That speaks vol- Mr. REID. If I can interrupt, and I do Mr. MCCONNELL. Madam President, umes. that apologetically, I read it before the I say to my friend from New Hamp- I will also say this, Madam Presi- Senator from New Hampshire arrived shire, I can’t think of anything more dent: Senator BOXER, a couple rows in the Chamber because it is in the relevant to an Iraq debate about the back, just a few minutes ago, talked Warner resolution. appropriateness of this new mission, about one short snapshot of one day Mr. GREGG. Good. If the Senator is which General Petraeus will lead, than from the Los Angeles Times: Scores of of such a mind, I ask if this were a free- the amendment which Senator GREGG people being murdered and killed and standing resolution brought to the has authored and which we request be mutilated; a little girl leaving school floor, would the Senator vote for my our proposal as this debate goes for- with blood-drenched steps over which resolution? ward. she was walking. One could see the red Mr. REID. I don’t think I have to Mr. GREGG. Madam President, if the in the photograph, and Senator BOXER make that judgment now because the Senator will yield just for one further was one, two, three rows back. We judgment, I say to my friend from New point, would it not be truly unusual in could all see that. Hampshire, is not some diversionary a democratic forum, which is supposed Not a single person has come to the matter. The issue before this body and to be the most deliberative body in the floor to support the surge, but that is the issue before the American people— world, to not allow the minority to what is dictating what we vote on that is why we are getting hundreds of bring forward a resolution—which is today. It is not the majority leader. phone calls in my office and other Sen- probably going to get more than a ma- We, for the American people, need to ate offices around the country. The jority vote should it ever be voted on— have this debate. issue is does the Senate support the which is not contestable as to its pur- Also, I certainly care a lot about the President’s surge? That is the question. pose—its purpose being well meaning; Senator from New Hampshire—and he I have to say the Senator from Ari- it is certainly not a purpose that is knows that is true—but I have to zona at least was willing to put his anything other than to express a sense smile. What has he done the first few name on it and move forward. We of support for those who are defending weeks of this legislative session? He haven’t heard a lot of speeches in favor us—would it not be a new form of de- has brought to the Senate floor during of his resolution. Where are they? mocracy, maybe closer to the Cuban the debate on ethics, lobbying reform, Mr. GREGG. Madam President, if the model, to not allow an amendment pre- and earmark reform the line-item veto, Senator will yield further, I guess I sented by the minority as their option and then he brought it forth again on find it difficult to argue that it is a di- but, rather, have the majority write minimum wage. And now to stop a de- version when the resolution that I am the minority’s amendment which bate on the escalation of the war in proposing simply says that we will sup- would then be voted on? That way the Iraq, he now comes up with this other port the troops who are being asked to majority gets to write both amend- diversionary tactic. He is a wonderful carry out the mission they have been ments, I guess is my bottom line. man, a gentleman, but, Madam Presi- assigned. This is not a diversion. This You have one-party rule, sort of a dent, do you know what he kind of re- is a responsibility, I would think, of Cuban model of democracy. minds me of this first few weeks of this every Member of the Senate to take a Mr. MCCONNELL. Madam President, legislative session? Somebody who position on whether they support giv- I thank my friend from New Hampshire comes into a basketball game, not to ing the troops who have been assigned for his observations about not only the score points, just to kind of rough peo- the task, the equipment, the financial process but the merits of his proposal. ple up, just to kind of get the game support, and the logistical support Let me conclude by reiterating once going in a different direction. they need to protect themselves and again that I think the Senator from The game we have going today has carry out that mission. New Hampshire and I and others, in- nothing to do with supporting the cluding those who have been speaking I think to call that a diversion does troops. We support the troops. Every on the Senate floor on this side this not do justice to our troops in the field, speech that a Democrat has given in morning, welcome the debate about so I am concerned about that. It does the last 4 years has talked about how Iraq policy. We had anticipated having seem to me for the Senator from Ne- much we support the troops. In fact, we the debate this week. It is not too late vada to take that position is incon- were the first to raise the issue. We to have the debate this week. sistent with the basic philosophy of We are now down to two proposals, were the first to raise the issue about a Congress, which is that the first re- just two proposals. It took a lot of time lack of body armor. We raised that sponsibility in a matter of warfighting on our side to get down to one for us first. We support the troops. We have is to support the troops. and, of course, the majority has a pref- done that not only with our mouths Mr. REID. Madam President, I have erence of its own. This debate could be but with the way we voted. been asked to yield to my friend from wrapped up in relatively short order, The debate in the Senate should be Washington, and I am glad to do that. and then we could move on with the on the resolution submitted by the The PRESIDING OFFICER. The Sen- continuing resolution, where I hope it Senator from Arizona, which they have ator from Washington. might be possible for the minority to obviously dropped—the resolution from Mrs. MURRAY. Madam President, I have at least some amendments. the Senator from Arizona and Senator asked the majority leader to yield for a Madam President, with that, I yield LIEBERMAN from Connecticut. They question. I have been on the Senate the floor. threw that out in an effort to go for floor and listened to the exchange be- The PRESIDING OFFICER. The ma- this diversion. tween the majority leader and the Re- jority leader. So why don’t we see how the minor- publican leader and, quite frankly, I Mr. REID. Madam President, the Pre- ity feels about voting on the Presi- was astonished and I want to under- siding Officer is a new Member of this dent’s surge of $30 billion and 48,000 stand if the majority leader heard the body, but she should have seen when troops? That is what this debate is same thing I did. the Republicans were in the majority. about. The Republican leader came back to We didn’t have amendments. They Mr. GREGG. Madam President, will you and offered to remove from consid- filled every tree. I will also say, it the Senator yield for a question? eration the McCain amendment, which speaks volumes here today—volumes. Mr. REID. Sure. is the pro-escalation amendment, es- There is not a single person on the Mr. GREGG. First, I appreciate the sentially offering a vote on just the other side of the aisle who has come to Senator’s generous comments. I take Warner and Gregg amendment. Leaving the floor and supported the troop surge them as a compliment. I have been ac- aside what this says about the lack of of President Bush—not a single person. tive legislatively. That is, obviously, support of the proposal on their side, I wonder if President Bush is aware our job. are we hearing from the other side that

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.035 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1603 they do not even want a vote on wheth- times in the past, as the Senator which says the policy is advisable and er they support the President’s esca- knows, because we have been in the should be followed. Even given the op- lation? Senate for many years. tion of two Republican amendments, It seems to me we are hearing a That is my question. Again, I thank the Republican minority, yesterday, phony debate request on who supports the majority leader for allowing me to voted to deny any opportunity for the the troops. That is not a debate that engage in this discussion with him. Senate to debate two Republican we need to have. Everyone in this body Mr. REID. Madam President, I say to amendments? supports the troops. I ask the leader if my friend who came to the House at Mr. REID. I would say to my friend, he heard the request from the Repub- the same time as myself, and then we yes, that is true. We were willing be- licans the same way I did, that they no came to the Senate together—in fact, cause the Senator from Arizona had longer even want to have a vote on there is only one person ahead of me in the ability, the courage, and the dig- whether they support the President’s seniority, and that is the Senator from nity to put this issue before the Amer- escalation. Arizona because the State of Arizona ican people, even though—and he Mr. REID. Madam President, I say to has more people in it than the State of knows this—the vast majority of my friend from Washington that we Nevada—no one has ever doubted the American people do not support the es- have a record of supporting the troops. courage of the Senator from Arizona. I calation in Iraq. But he did it. We were We did it in Kosovo, we did it through have read the books. I know about Sen- willing to take two Republican resolu- the entire Balkans, and we did it in Af- ator MCCAIN. He has not only been he- tions—one supporting the surge, one ghanistan. We did it in Afghanistan roic on the field of battle but also leg- opposing the surge—and let Senators with very few questions asked, and islatively, and I respect that. from every State in the Union raise rightfully so. We have supported every But I say to my friend, yes, there are their hand and tell the American peo- effort made by this President to defeat 60 votes required on some things in this ple how they feel about it. the war on terror, with rare exception. body. Not everything. The vast major- Mr. DURBIN. Madam President, I But the troops in the field? Never, ity of legislation that passes here is might ask the Senator from Nevada never have we wavered from that. with a simple majority. I would say to whether this resolution being offered In fact, I don’t know of a speech, al- my friend, recognizing that it does by Senator GREGG really is focused not though there could be some given, take 60 votes, that is why I offered to on the major issue of escalating the where a Democrat has talked about the do the deal: McCain, 60 votes; Warner, war but somehow is focused on sup- war in Iraq and hasn’t talked about 60 votes. That is the proposal I made. porting the troops. Even the Warner how much we appreciate the work done That is pending before the body right resolution, a Republican resolution, by these valiant troops and the sac- now, and that has been turned down has the identical language of the Gregg rifices of their families. That is why we five or six times. So I would be willing resolution when it comes to that sup- were stunned during the State of the to do it on a simple majority, if you port of the troops; is that not true? Mr. REID. I say to my friend that the Union Address when the President even want to do McCain on a simple major- rumor around here is that Senator mentioned the veterans. ity or the Warner resolution on a sim- WARNER put that in there thinking he I am happy to have answered the ple majority. I would try to get that could get the support of the Senator question from the Senator from Wash- done. Right now, Madam President, we from New Hampshire, but, obviously, ington. have the proposal I have made. he was wrong. Mr. MCCAIN. Madam President, if I do say that the debate is not wheth- Mr. DURBIN. Madam President, I the Senator will yield for a question. er we support the troops. That is a di- might also ask the Senator whether it Mr. REID. I yield. version. We support the troops. The appears to him now that the Repub- Mr. MCCAIN. I thank the Senate ma- issue before this body is whether the licans, at this point, don’t want to de- jority leader for yielding for a ques- American people deserve to see how bate either of the Republican amend- tion, and I appreciate his willingness to their Senator is going to vote; whether ments and want to change the subject; engage in a dialogue on this issue. their Senator approves the surge, the that they want to move to a Gregg res- In reference to the question of the escalation, the augmentation of 48,000 olution, which deals with, as the Sen- Senator from Washington to the major- troops, costing approximately $30 bil- ator has just said repeatedly, support ity leader, I do want our resolution de- lion extra. That is what the American for the troops, which is not an issue? bated. We are trying to move forward. people care about, not whether we sup- We all support the troops. It appears As I think the Senator from Nevada is port the troops. We all support the to me that we have made no progress aware, there was a proposal to have a troops. in the last 24 hours, and I would ask 60-vote, which is the way the Senate Mr. DURBIN. Madam President, will the Senator from Nevada if he has a does business, on three resolutions—on the Senator from Nevada yield for a different conclusion. the Warner, McCain, and Gregg resolu- question? Mr. REID. I say to my friend that the tions—and that was turned down. I Mr. REID. I will be happy to yield. only thing I sense this afternoon—and only agreed to the latest proposal be- Mr. DURBIN. Madam President, I I have to say it with a smile on my cause I think we need to move the want to understand what has happened face, and I hope everyone recognizes process forward. over on the other side, the Republican this—is that every piece of legislation I guess what I am asking the Senator side. Is it my understanding they have we have brought up, the Senator from from Nevada is, isn’t it really true that asked now to drop the McCain- New Hampshire has tried to throw a the way we do business here does re- Lieberman amendment? monkey wrench into it. It happened on quire 60 votes? It is just a reality of the Mr. REID. I have to be honest with ethics, it happened on the minimum way the Senate functions. When there my friend from Illinois, who also came wage, and now on this Iraq issue. was an attempt a year ago, 2 years ago, with us at the same time from the I guess my dear friend, who has a actually, with the so-called nuclear op- House to the Senate, that the answer stellar political record as Governor, tion, I was one who fought hard to pre- is, yes. The Lieberman amendment has Member of the House of Representa- serve the right of the majority to have been given up. tives, United States Senator, chairman 60 votes in the case of the appointment Mr. DURBIN. If I might continue of the Budget Committee—and I have of judges, and I think we reached a bi- through the Chair to ask the Senator commented for the record many times partisan agreement on that. from Nevada a question, on the issue about my admiration for him, but I So I still am a bit puzzled why we that I think is before America today— guess he is the designated ‘‘see if we could not have a vote on my resolution whether we should escalate the number can mess up the legislation’’ guy this that would require 60 votes in order for of troops into this war in Iraq—we had year. I would hope in the future to get it to be adopted, just as it would be for offered to the Republican side a choice somebody I don’t care so much about the Warner resolution and as it would between two Republican amendments: because it is hard for me to try to op- be for the Gregg resolution. I don’t Senator WARNER’s amendment, which pose my dear friend from New Hamp- quite understand why we couldn’t do said the President’s policy is wrong, shire. Maybe when they do this every that, as we have done hundreds of and Senator MCCAIN’s amendment, couple of months they will change.

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.038 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1604 CONGRESSIONAL RECORD — SENATE February 6, 2007 Mr. MCCAIN. Madam President, will We are a wonderful fighting force, loyal to the troops? Is it possible to say the Senator yield for one more ques- and we will continue to be, but where we didn’t send enough soldiers when we tion? we have lost our edge is diplomati- should have and still be loyal to the Mr. REID. I will be happy to yield. cally. We have not done well at all in troops? Is it possible to say disbanding Mr. MCCAIN. Madam President, that regard, and the people I have the Army of Iraq was a bad decision again, I appreciate the courtesy of the talked to in the military support what and still be loyal to America’s troops? majority leader. we are trying to do: redeployment; Is it possible to say the situation that Is it not true that when the Senator they support a regional conference; is grave and deteriorating in Iraq is says he supports the troops, that there they support, of course, recognizing evidence of a need for a new direction is disapproval of what they are doing that this must be handled politically. and still be loyal to the troops? and that the Senator does not think There has to be some meaningful re- I just don’t buy the premise by the their mission is going to succeed? And construction that goes forward—pro- Senator from Arizona that if you ques- is it not true that maybe some of the ducing less oil now than before the tion the policy of the President, some- troops may not view that as an expres- war, less potable water, and less elec- how you are disloyal to the soldiers. sion of support? tricity. These are the things which They are the ones following orders I talked to many men and women in have to be changed, and the people I from the Commander in Chief. We have the military in recent days, ranking talk to in the military think we are a special obligation to them—I think a from private to general. Isn’t it true headed in the right direction. loyalty to them—far and beyond any that most of them, if you had the op- They also think we are headed in the Chief Executive. portunity to talk to them, would say: right direction when we speak out on I would ask the Senator from Nevada When they do not support my mission, the state of deterioration of our mili- if he believes you can be loyal to the they do not support me? tary. This war has taken a toll on our troops and still disagree with the Therefore, isn’t it just a little bit of equipment—not on our troops alone, on President? Mr. REID. I think that is part of an intellectual problem to say: Of our equipment. It is going to cost $75 being a patriotic Member of this Con- course, we support the troops; of billion to bring the military up to the course, we support the troops; of gress. situation they were in prior to this The PRESIDING OFFICER. The Sen- course, we support the troops, but we war. They are grateful we are fighting ator from Virginia is recognized. are sending you over—and they are for them in that regard. Mr. WARNER. Madam President, I going because this is a nonbinding res- So, Madam President, I respect—and was, unfortunately, engaged in a brief- olution—aren’t we saying that we I don’t have the military background ing in S. 407 on the most recent NIE, think they are going to fail and this is of my friend from Arizona, but I have and I have just come down to join my a vote of no confidence? contacts in the military, and I think a colleagues on the Senate floor and I The so-called Warner amendment, by lot of those people are more willing to caught some portions of the debate. the way, is not a Republican amend- talk to me than someone who is run- But I would like to say to my col- ment, no matter whose name is on it. ning for President and someone who is leagues that the Senator from Vir- Is it not true that when I look one of more noteworthy than I am. He is bet- ginia, together with probably six or these soldiers or marines in the eye ter known in the military, and they eight other Republicans, has been dis- and say: I really support you, my know he can respond to them probably cussing this issue very carefully and friend, and I know you are going into better than I. So they are willing to thoughtfully and respectfully. harm’s way, but I don’t think you are tell me a lot of things they wouldn’t Frankly, we have taken to heart going to succeed, in fact, I am against tell someone as significant as JOHN what the President said when he ad- your mission, but I support you, that MCCAIN. dressed the Nation on January 10. His they do not buy it? They do not buy it, So, Madam President, I think the very words were: ‘‘If there are those I will say to my friend from Nevada, Democratic plan we have enunciated is with ideas, we will consider them.’’ We and don’t think that they do. pretty good, much of which we have accept that invitation by our President So I would ask my friend if it isn’t enunciated for a long time and has and have tried in a very respectful way true a vote of no confidence is a vote of been picked up by the Iraq Study to simply state that we have some seri- no confidence to the men and women Group. ous concern with the level of 21,500 ad- who are serving in the military. It Mr. DURBIN. Madam President, ditional troops. Now we learn it could doesn’t sell. would the Senator yield for a question? even be larger than that, in testimony, Mr. REID. Madam President, I also Mr. REID. Certainly. open testimony this morning with the have had the opportunity to go to Iraq Mr. DURBIN. I would like to ask the Secretary of Defense and the Chairman as many times as my friend from Ari- Senator from Nevada the following of the Joint Chiefs. It could be 3,000 or zona, and I also speak to the troops and question: If I follow the inquiry of the 4,000 more. We tried in a very respect- the people at the Pentagon. I have to Senator from Arizona, it leads me to ful way simply to express our concerns respectfully suggest to my friend that this conclusion—and let me add my about an increase of that level at a there are many individuals whom I voice in chorus commending his service time when polls show most of the Iraqi have spoken to who really like what we to our country and commending his people don’t want us there, much less have suggested—we, the Democrats— courage. I share the admiration, and I increase the force. Now, I am not fol- that there be a redeployment of troops. mean it sincerely, I say to the Senator lowing the polls, but we are asking our Does that mean they all pull out of from Arizona. But his argument goes troops to go into a very heated, emo- Iraq and leave immediately? Of course, something like this: If you are not tional situation in that country. We it doesn’t. But redeploy the troops. Re- loyal to the policies of the Commander simply said to the President: Shouldn’t deploy the troops. Redeploy them to do in Chief, then you are not loyal to the we put more emphasis on the utiliza- what? Counterterrorism, force protec- troops. If you are not prepared to say tion of the Iraqi forces? Shouldn’t we tion, and training the Iraqis. And my you will stand behind the policy, the let them bear the brunt of such addi- contacts in the military say they think military policy of the President, tional security as must go into Bagh- our proposal is pretty good. We were on whether you agree with it or not, then dad? this proposal before the Iraq Study you do not respect the troops and don’t We learned this morning that the ef- Group, but they adopted it, and I hope have confidence in the troops. Nothing forts to build up the forces have fallen they got it from us, and that is that is further from the truth. short. I am not going to pronounce there should be a regional conference, I ask the Senator from Nevada, does judgment on what happened on just 2 including Saudi Arabia, Egypt, Jordan, he think it is possible to disagree with or 3 days’ reporting, but clearly the Syria, and, yes, Iran. This is a regional the President’s policies and still be number of Iraqis showing up is far problem. This war will not be handled loyal to the troops? Is it possible to say below the estimates or significantly and dealt with and taken care of mili- the President was wrong in not bring- below the estimates we anticipated tarily. It can only be done diplomati- ing more countries in as allies in this their participation would be in this op- cally. conflict before we invaded and still be eration which, in many respects, is to

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.039 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1605 be joint. We talked with General Pace portant that we have an expression in The PRESIDING OFFICER. The Sen- this morning about my concern of this here about the non-cutoff of funds. ator from Washington is recognized. concept of joint command and control. So our resolution has been presented Mrs. MURRAY. Madam President, He assured us the American forces to try as best we can to put together war is the most serious and the most would have a linear straight line from right here on the floor of the Senate a consequential issue we can debate here an American senior officer right down bipartisan consensus. I think the in the Senate. American lives, Amer- to the sergeants operating the platoons American public is entitled to see ican security, and America’s future are on the front lines. But nevertheless the whether the Senate, an institution all on the line when our country de- Iraqis are going to have their chain of that is followed throughout the world, cides questions of war and peace. For command, and I think that puts a chal- can come together and express in a sin- years, we have been denied a real op- lenge to us. gle document—accompanied by lots of portunity to fully debate this war in But I don’t want to digress from my debate but in a single document—a Iraq, a war that has now claimed more main point. Our group, in a conscien- joinder of a number of Republicans and than 3,000 American lives with no end tious and a respectful way, even wrote a number of Democrats, so it is truly in sight. into the resolution that we in no way bipartisan, and therefore the American Last November, the voters sent us a contest the right of the President of public will get, I think, the sense of message. They want a new direction. the United States under the Constitu- confidence that this body is carrying What do we hear from the President? tion to take the actions he has taken out its responsibility under the Con- More of the same. In fact, his plan is to thus far and will take. But as long as I stitution to speak to this issue and to escalate the war by putting up to 48,000 have been in this Chamber—now in my put onto a piece of paper what we more Americans in the middle of a 29th year—I have always tried to re- think is the nearest a group of us can deadly civil war. They are two com- spect another Senator’s way of think- gather and express ourselves. And that pletely different approaches. On one ing. I don’t question his integrity or includes a vote. side, we have the American people, the her integrity or their patriotism or I am not going to enter into further Iraq Study Group, generals who have anything else. I do not do that now. I debate with the two leaders. I think spoken out, and a bipartisan majority wish to make my points based on what they are trying to work out and resolve of Congress. On the other side, we have I have put forth in this resolution with this problem. I support my leader with the President and his supporters. In a about six other Republican colleagues respect to the cloture, and that raises democracy, we resolve these issues and a number of Democrats. a question: How can I advocate that I through debate. We in the Senate are We simply want to suggest—and we strongly adhere to my resolution and ready for that debate. We are ready to use the word ‘‘urge’’—we urge you, Mr. at the same time support my leader? move in a new direction, and it starts President, not ‘‘direct you’’ or ‘‘you Well, when I first came to this Cham- by putting this Senate on record as op- shall do this,’’ we simply urge that you ber many years ago, the old-time Sen- posing the President’s plan to escalate take into consideration all the options ators who taught me so many lessons the war in Iraq. by which you can bring down this level said: This is what separates the Senate I have been looking forward to fi- and consider greater utilization of the from the House—the ability to have nally having this debate in the Senate, Iraqi forces. this almost unlimited debate by a sin- but apparently some of the Repub- Then we have the subsidiary question gle Senator. And it is, throughout the licans have a very different strategy. that this program is in three parts— history of this institution, one of its They don’t want to have a real debate. one part military. So much of our focus revered tenets and its rules. To take They don’t want to consider the resolu- has been on that. There is a diplomatic that and deny it, deny Senators the tions that have been offered. In fact, I part. There is an economic part. In our ability to bring up their own resolu- think the discussion we just witnessed testimony today with the Secretary of tions to express their own views, is a right now showed that to us. Defense and the Chairman, we stressed curtailment that I believe we should Last night, by voting against a mo- the need for all three of those parts to consider long and hard. That is why I tion to proceed to this debate, they come together at one time to have the cast that vote yesterday. said they didn’t want to talk about So I leave it to the two leaders, but effect that the President desires with this. Now, I am not here today to ques- I come back again to the need for this his new plan. Somehow, we gained the tion their motives, but I do want to great institution to express itself impression today that maybe the polit- point out the consequences. Every day through the votes of hopefully a sig- they block a debate, they send a mes- ical part and perhaps the economic nificant number of Senators, that this sage that Congress supports escalation. part are not quite as far along as some is what we believe is the best course of Every day they block a debate, they of the military thinking and planning. action for our Nation to take as we re- deny our citizens a voice in a war that Actually, the troops are moving in as vise our strategy in Iraq, as we move we debate this on the Senate floor. ahead. And in our resolution, we put in has cost us dearly in dollars and in So there were several questions we there ever so expressly that we agree lives. And every day they block a de- respectfully raised with the President, with the President; it would be disas- bate, they are blocking the will of the urging him to take a look at this, by trous were we to allow this Govern- American public. I am on the Senate floor today be- means of which to lessen—lessen the ment to collapse not knowing what cause I know this debate is long over- total number of 21,500 and, indeed, government might or might not take more now—troops. their place, and to allow the Iraqi peo- due, and I am not going to let anyone We also point out the importance of ple to lose the ground they gained silence me, the troops for whom I the benchmarks. That is all in there. through courageous votes several times speak, or the constituents I represent. We carefully lay out that the bench- to put this Government together. It Ever since the start of combat oper- marks should be clearly and fully un- would be bad for Iraq, it would be bad ations in March of 2003, I have been derstood by both sides and a method for the region, and it could have rami- very frustrated that we have been de- put in place by which we can assess the fications on world peace and our efforts nied a chance to hold hearings, a compliance or noncompliance for those to stem this terrible growth of ter- chance to ask critical questions, a benchmarks. The Secretary of Defense rorism worldwide. chance to demand answers, to hold today, in his testimony to us, in re- I yield the floor. those in charge accountable, and to sponse to questions from this Senator Mrs. MURRAY. Madam President, I give the American people a voice in a and others, said: Yes, we will put in a ask unanimous consent that the time war that is costing us terribly. We are mechanism by which to evaluate the used by the two leaders in the ex- going to have that debate whether degree to which the Iraqi compliance is change on the floor not be counted some in this Senate like it or not. taken with respect to benchmarks, the against the 90 minutes on each side. Four years ago, I came to the Senate benchmarks that basically have to sup- The PRESIDING OFFICER. Without to discuss the original resolution to port the President’s plan. In addition, objection, it is so ordered. give the President the authority to we put in the resolution of the Senator Mrs. MURRAY. I ask unanimous con- wage war in Iraq. At that time, I asked from New Hampshire. I think it is im- sent to proceed for 15 minutes. a series of questions, including: What is

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.041 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1606 CONGRESSIONAL RECORD — SENATE February 6, 2007 the mission? What will it require? Who fight and win the war on terror. To To discuss ideas, shouldn’t we discuss, is with us in this fight? What happens date, more than 59,000 servicemembers first, the President’s ideas? He is, after after our troops go in? How will it im- with the Washington State connection all, the Commander in Chief. That is pact the Middle East? How will it af- have served in Operation Enduring the point of the resolutions, to foster a fect the broader war on terror? And are Freedom and Operation Iraqi Freedom. debate on the President’s plan for the we being honest with the American Currently, there are nearly 10,000 peo- future of Iraq. But the Senate Repub- people about the costs of that war? ple with the Washington State connec- licans would not allow that. The Re- After exploring those questions back tion who are serving in OEF and OIF. publicans’ obstruction and the Presi- almost 4 years ago, I announced on Oc- According to the Department of De- dent’s decision so far have left us with tober 9 of 2002 that I could not support fense, as of January 20, for OEF and very few options. sending our men and women into OIF, 702 servicemembers whose home of I am looking at every resolution and harm’s way on an ill-defined solo mis- record is Washington State have been every proposal. I am looking forward to sion with so many critical questions injured. That is 702 injured from my having hearings and getting the facts unanswered. State. In addition, 66 servicemembers and moving forward in a bipartisan Now, here we are today, 4 years later, whose home of record is my home way. $379 billion and more than 3,000 Amer- State of Washington have paid the ulti- Personally, I believe the way forward ican lives taken. Now the President mate sacrifice. The number is even should include three steps. First of all, wants to send more Americans into the higher when you include those who we should strategically redeploy our middle of a civil war against the wishes have a connection to Washington troops. Second, we should work with of the majority of the public and Con- State. Iraq’s neighbors and other countries in gress? Each one of those brave Americans is the area to build a regional framework. As I look at the President’s proposed someone whose mother or father, sister And third, we need the Iraqis to take escalation, I am left with the exact or brother, daughter or son, their fami- ownership of their own country and same conclusion I met with 4 years lies are never going to be the same. their own future. We can send troops ago. I cannot support sending more of Their communities will never be the for decades and never have a peaceful, our men and women into harm’s way same. I offer my prayers for those who stable Iraq until the Iraqi people are on an ill-defined solo mission with so have sacrificed for our country. We owe willing to work together for a purpose many critical questions unanswered. them a debt that can never fully be re- that is larger than their own tribe or Today, President Bush wants to send paid. their own sect or their own self. Americans into battle without a clear After nearly 4 years of losses and We need to refocus our efforts on the mission, without equipment, without misrepresentations and miscalcula- war on terror, on fighting al-Qaida, and an endgame and without explaining the tions, the American people have said on addressing the other challenges that cost. they want a new direction in Iraq. Gen- threaten our security. I am very con- When he tried it 4 years ago, I stood erals have spoken out calling for a new cerned by the reports we hear about Af- up and spoke out and I voted no. Again direction. The bipartisan Iraq Study ghanistan, that it is sliding backward today, President Bush wants to send Group called for a new direction. Yet and becoming more unstable. Those are more Americans into battle without a some of the steps I would take to im- clear mission, without equipment, President Bush has ignored everyone prove our security. That is the debate without an endgame and without ex- and is now pushing to send even more we ought to be having. plaining the costs. Once again, I say: of our American troops into the middle of a civil war. He is wrong. And a bipar- Before I conclude, let me address two Not on my watch. We need a new direc- concerns. First, some people have sug- tion, not more Americans in the middle tisan resolution is the first step we can gested that if you question the Presi- of a civil war. I will vote for a bipar- take in helping to forge a new direc- dent’s policies, you are somehow hurt- tisan resolution to send a clear mes- tion. ing our troops. As the Vice President sage that we oppose the surge. It is the But now what we have is Republicans would say, hogwash. Supporting our first step in demanding a new direction who are denying the Senate a chance troops means giving them a clear mis- in Iraq. to vote for that new direction. In fact, No debate on Iraq can begin without they are preventing the Senate from sion, making sure they have the equip- first recognizing our men and women even debating the merits of that direc- ment and support they need and mak- in uniform who risk their lives and all tion. They may have stopped us from ing sure we have a clear endgame. If too often give up their lives to keep all moving forward last night, but they any of those critical ingredients are of us safe. Whenever our country calls, cannot stop this debate forever. The missing, it is our duty to question the they answer, no matter the cost to American people would not allow it. policy until we provide our troops with them or their families. They are our If the Republicans stop their obstruc- what they need. Sending more Ameri- best. They are our brightest, they are tion and start allowing the Senate to cans into the middle of a civil war our bravest, and I hope to give them a debate this misguided surge proposal, without a clear mission, without equip- voice in this debate. there are plenty of questions we have ment, without support, without an While most Americans today are to ask. What would be the impact of a endgame, is endangering our troops, going about as normal, our troops and surge? How would it affect our men and not supporting them. their families are quietly making tre- women in uniform? Will it put more of I don’t shrink from war. I voted for mendous sacrifices. The burdens of this them into the crossfire and cause more the war in Afghanistan. My father war have not been shared equally, and deaths and injuries? My home State is served in World War II and he was in- we owe so much to those who shoulder home to Fort Lewis and two of the jured in combat. I know war is some- those heavy burdens. Army Stryker Brigades. How is the times necessary. But I also know that I had a chance to visit servicemem- surge going to affect them? Will some if we don’t answer the critical ques- bers from my home State on the members see their current deployment tions, our troops pay the price. For too ground in Kuwait and in Baghdad. extended? Will others see their deploy- long, partisans have claimed to be Every one of them makes us proud. I ment date moved up? Will all of them speaking for our troops but have have sat down with servicemembers have the equipment they need when blocked the discussions that could and their families at Camp Murray, at they are there? Those are the first truly protect them. I say, no more. McChord Air Force Base, at Fairchild questions we have to ask. Finally, some people say that a non- Air Force Base. I have talked with re- How will the surge affect our ability binding resolution is not enough. And I turning servicemembers in every cor- to care for our returning veterans? We agree. That is why this is a first step. ner of my State. I have worked to help are having trouble meeting their needs We can’t take the other steps until this give them the health care and the ben- today; how will we do the job in an es- Congress goes on record, in a bipar- efits and the transition and support calated war? tisan voice, telling the President the they deserve. I have heard several Members on the surge is wrong. Once we have done My home State of Washington has other side demand ideas from Demo- that, the ball is in the President’s made tremendous sacrifices to help us crats, and my first response is simple: court. But today, Senate Republicans

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.059 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1607 are preventing us from getting there. If sibly be engaged in. There are other solves around at least a legislative ve- he still will not change course, we will very important matters at home and hicle that might have some meaning to look at the other tools before us. around the globe—but everyone would it, some bite, some teeth, some reality, Senators have discussed a wide series agree, regardless of your views on pol- some accountability. of steps that we could take. I will re- icy, that the issue of Iraq and where we My leaders know I have strong res- view all of them. We are also holding stand and the effort by the President ervations about a sense-of-the-Senate hearings to find out what options we to increase the number of troops on the debate. Now, normally, we have sense- can take. This is the first step. If the ground in Iraq, particularly to place of-the-Senate resolutions when there is President doesn’t hear us, we will take them in the large, highly densely popu- a consensus that develops. Normally, the next step. And the next step. And lated urban areas of Iraq, is one of the sense-of-the-Senate resolutions are of- the one after that. most serious issues facing our country. fered around matters that are non- I understand that many Americans We have had a series of serious and controversial and we wish to express are frustrated that our troops are in thought-provoking hearings conducted ourselves regarding these matters, so the middle of a civil war. I am frus- by Chairman BIDEN of the Senate For- we all sign on or virtually everyone trated. too. I wish we had been allowed eign Relations Committee over the last signs on. to start this process, these hearings, number of weeks on this issue, with I would say if, in fact, the goal here these debates and votes a long time people who represent a variety of ideo- was to get 70 or 80 Members of this ago. But we are moving aggressively logical perspectives. Yet without fear Chamber—Republicans and Demo- forward now. Democrats have been in of contradiction, I believe the over- crats—to sign on to a proposition that charge now for 5 weeks. And already, whelming majority of the witnesses said we think the surge and escalation finally, we are having more debates, who have appeared before that com- is the wrong thing to be doing, then the more hearings, more progress, than we mittee have expressed serious reserva- vehicle of a sense-of-the-Senate resolution would have value. But I would sug- have had in the past 3 years. But I can tions about this escalation, this surge, gest here we are into the second day of promise you, this is only a beginning. placing some 21,000 of our young men this debate and we cannot even decide We can’t have these debates if the and women into Baghdad to try and act what sense-of-the-Senate resolution we Republicans are blocking us in an open as a referee in what we all admit today want to debate. discussion of the war. The Republicans is clearly a civil war. So if you are sitting out there watch- Having this debate is important. I need to stop denying a real debate in ing this Chamber at this moment, in wish to take, if I can, the few minutes the Senate, so that together we can terms of where we ought to be going allotted to me to express my concerns move our country in a new direction. I and what the effect of what we are about the process, my concerns about believe for us to have an impact, Con- about to do is, it is rather confusing, to the surge, and my concerns about the gress has to speak out in a clear, bipar- put it mildly, as to where we stand in overall direction of the policy in Iraq. tisan voice. We could vote on hundreds all of this. We cannot even decide what There is not a lot of time to do that, of resolutions that make us feel better, sense-of-the-Senate resolutions to but that would not help us change di- but let me share some thoughts. bring up. If we are going to have a de- First of all, I believe that every rection. It is a strong, bipartisan mes- bate around here that is meaningful, Member in this Chamber, regardless of sage from Congress to the executive why not debate something that is his or her view on the issue before the branch and to the country that has the meaningful? power to make progress. Senate regarding Iraq, would do every- So my concerns are, in many ways, I am willing to take the time and do thing he or she could to make sure that that given this moment in time, before this right and to build the support we our brave men and women in uniform, these young men and women are placed need so that at the end of the day we serving in harm’s way, would receive in harm’s way—because I know full can have a real impact. I strongly op- everything they could possibly need to well, after a quarter of a century here, pose the surge. I believe escalation is defend themselves. That ought not to once they are on the ground, once they the wrong direction. I will vote to put be a debating point. I know of no one in are in place, the debate changes. The the Senate on record opposing the this Senate who feels otherwise. And debate changes. So if we are truly con- surge if the Republicans will end their the fact that we have to have some discerned about dealing with the surge filibuster. I will continue to fight for cussion about this very point is a re- and escalation, then I believe we ought new direction in Iraq. flection, I think, of what has gone to be engaging in a debate that has For too long, the voices of our troops wrong in this debate already. some meaningful outcomes when it and our citizens have been blocked. In fact, I point out that over the last comes to the decision of whether we go Today, Senate Republicans are trying 4 years or so, there have been amend- forward. to continue that obstruction. I say, no ments offered by those of us here to I, for one, would like to see a new au- longer. The debate must begin because provide different additional resources, thorization come to this body to be de- our country will be better for it. such as for body armor, because we felt bated. The resolution on which we are I yield the floor. our troops were not getting what they operating today is one that was crafted The PRESIDING OFFICER. The Sen- needed. There has been significant dis- 5 years ago. It was fundamentally ator from Connecticut. cussion here in the wake of testimony linked to weapons of mass destruction Mr. DODD. Madam President, how offered by our senior military leaders and the conduct of Saddam Hussein. much time remains? about what has happened to the com- The first argument was, of course, a The PRESIDING OFFICER. The Sen- bat readiness of our troops as a result fiction. There were no weapons of mass ator has 15 minutes. of our failure to continue to provide destruction. And the second argument f the kind of equipment and support is no longer viable. Saddam Hussein is they deserved over the years. Certainly gone. IRAQ what has happened to veterans coming Today, we are being asked to place Mr. DODD. Madam President, let me back has also been the subject of de- men and women in uniform in the mid- commend my colleague from the State bate. But, nonetheless, I believe most dle of a civil war. It seems to me that of Washington for her comments and Members here, if not all Members here, if the President of the United States her views. I associate myself with believe our troops deserve the kind of wants that to be a policy endorsed by many of the things she expressed in the support they ought to have when they the American people through the ac- Senate. I congratulate her for her are serving in harm’s way. tions of this body, then we ought to be words, her passion, and her strong feel- And so, the debate is not whether you voting on a matter that says this is ings about where we stand today on support our troops. The debate is something we agree with and go for- this issue. whether the policy direction the Presi- ward. That would have some meaning Let me also commend the Demo- dent wishes to lead us in is the right to it, it seems to me. If we rejected it, cratic leader for his efforts to engage one. That is a debate which ought to then the President would have a strong in what is probably the single most im- occur in this Chamber. Frankly, in my answer from the Congress about wheth- portant debate this Senate could pos- view, it ought to be a debate that reer we are about to continue to finance

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.060 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1608 CONGRESSIONAL RECORD — SENATE February 6, 2007 and support that activity—again, not macy to play a role here, then it seems an American President could possibly undercutting the needs of our troops in to me we ought to be talking about support a policy that takes us further harm’s way but a legitimate debate how best we can achieve that. When down that road. about a real issue that requires Mem- you have an administration that re- Now we are not just talking about bers to stand up and vote yes or no. fuses to even engage in any kind of only two options here of escalating or I realize I am in sort of a minority of conversation or negotiations with gov- leaving. There are policies that come one or two here who believes the vehi- ernments in the region with which we in far between these two. For example, cles we are choosing to debate over the have serious disagreements, then I there have been suggestions about re- next several days, if, in fact, the debate think we get even further away from deployment, with our service men and goes on, are ones that in the final anal- the suggestions made by the Baker- women filling other roles like training ysis are nothing more than really mes- Hamilton study group on Iraq that pro- the Iraqi military, which was suggested sage proposals. If we are highly divided posed what I thought were very com- by Baker-Hamilton. I think we should over which one to bring up, what is the monsense, sober, and sound rec- do this. We could engage in counterter- message, in effect, if we cannot even ommendations that would allow us to rorism activities. Border security; we decide which vehicles we want to have a greater likelihood of achieving could play a very meaningful role in choose to discuss? the success we ought to be pursuing. I that as well. So there are those of us Regarding the surge itself and re- see little likelihood of that occurring here who believe we ought to be rede- garding the Warner-Levin or Levin- if, in fact, we are talking about a fur- ploying, bring down those numbers, but Warner proposal, I have some problems ther military escalation of the conflict none of us whom I know of have sug- with the language of that proposal. It here. Every single person who has gested we ought to be just packing our essentially abdicates the power of the looked at the situation in Iraq has bags over the next 6 months and leav- purse. It calls for selective diplomacy drawn the following conclusion: There ing Iraq. We are talking about other in the region instead of engaging all of is no military solution—no military so- roles we can perform, as the 300,000 Iraq’s neighbors. The language oppos- lution—in Iraq. So continuing to pur- Iraqi soldiers and police take over the ing the surge is weak to the point of sue that option, continuing to pursue responsibility of their country. being nonexistent. And there is lan- that particular goal in the face of all Madam President, I am telling you as guage that suggests that nothing in the evidence to the contrary, I believe I stand before you today, if we con- this resolution ought to imply a call is a major, major mistake for this tinue to provide the kind of level of for redeployment—something I whole- country. support militarily we are engaging in, heartedly believe we should be pur- I think this body—the Senate—ought there is less and less likelihood that suing in a phased manner. to be on record expressing its opinion the Iraqis are going to assume the re- But those are my concerns about it, about it and that we ought to go for- sponsibility, both politically and mili- both in terms of the process and the ward in a meaningful, real, accountable tarily, to take over leadership of their language under consideration. I realize way. Unfortunately, that is not likely country. other Members do not have those prob- to happen. In fact, we may end this de- For those reasons, I urge that we find lems. I respect that. But those are my bate without voting on anything at all a means and a vehicle, sooner rather concerns. regarding Iraq, as we need to move on than later, for this body—the Senate, Now, regarding the surge itself, again to other items that the leadership this coequal branch of Government—to this has been stated by others who clearly must address in the coming say to the administration and to oth- have examined this proposal in great weeks. So we are missing an oppor- ers: We believe in a different direction. detail, including our senior military tunity, other than to express our views, We would like a new authorization. We people and senior diplomats. As I said a which most people have done. I know of would like debate on a meaningful pro- moment ago, in testimony before the no Member in this Chamber who has posal that would allow us to be ac- Senate Foreign Relations Committee, not spoken out publicly about whether counted for, yes or no, as to whether they have spoken eloquently about they think the surge is the right direc- you want to move forward. their concerns that this proposal does tion to go in, what alternatives they Again, with all due respect to those nothing but contribute to the chaos would offer in terms of how we might who crafted this, I have no greater ad- that reins in Iraq. begin to talk about redeployment, and miration for any two Members than I There are some 6 million people who the need for the Iraqis to assume re- do for CARL LEVIN and JOHN WARNER, live in the city of Baghdad. To suggest sponsibility for their own country. people I have served with here for we are going to send 17,000 or 18,000 The American people have also pub- many years. I respect immensely the service men and women into a city of 6 licly spoken out. They voted for a effort they have engaged in here to try million, where there are at least 23 mi- change of course in Iraq last November to build a proposal that would attract litias along with insurgents, Baathists, and according to recent polls, a major- a substantial majority of our col- hardened criminals, and possibly some ity of Americans oppose a surge. Now I leagues to support. If you could do al-Qaida elements, and that we are do not believe polling data ought to be that, then sense-of-the-Senate resolu- going to sort this out in a way that is the way you conduct foreign policy, tions have value. But I rest my case on going to move us toward a political but the fact is that the American pub- what is occurring at the very moment settlement in the country is I believe, lic is exhausted and fed up, to put it I stand before you this afternoon. We frankly, beyond dreaming. I do not mildly, with our Iraq policy. And let’s are divided here. We have some four or think it has any viability whatsoever. consider the following data out of Iraq: five different resolutions. All of them In fact, I think it contributes to a fur- Over 80 percent of the people in that are sense-of-the-Senate resolutions. ther escalation of the conflict in the country believe that our continued None of them have any meaning in law country and delays even further what presence in that country contributes to at all. And we cannot seem to come everyone agrees must occur: some sort the chaos they are facing, and over 60 around a single debate. We ought to be of political accommodation between percent of Iraqis believe it is appro- having one about whether we believe Shias and Sunnis and Kurds—between priate to attack American service men our resources and our young men’s and Shias and Shias, for that matter. The and women. Over 60 percent of the peo- women’s lives ought to be placed in idea that placing our troops as a ref- ple in Iraq believe that. harm’s way. That is the debate which eree in the middle of this civil conflict How do you justify supporting an es- ought to be occurring here. It is not oc- is going to get us closer to that result, calation, a surge in our military pres- curring yet. I think that is unfortu- I think, has been successfully argued ence, when the very people whom we nate. It is tragic. My hope is we will against by those whom we respect and are told we are trying to help in this find a means to address that in short admire in these debates. case believe that, one, we contribute to order. Secondly, may I say that, in fact, if the chaos, and only a slightly smaller I yield the floor. you are trying to encourage those ele- number believe it is appropriate to at- The PRESIDING OFFICER (Mr. ments to get together and you are also tack our service men and women? For SALAZAR). The Senator from Massachu- trying to encourage regional diplo- the life of me, I do not understand how setts.

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.062 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1609 Mr. KERRY. Mr. President, I ask troops, but he has been able to draw a phone call to a mother or father or wife unanimous consent that I be permitted distinction between criticizing the pol- in your State and express your sorrow to proceed for such time as I consume. icy and support for the troops. I will for their loss in the next days ahead, The PRESIDING OFFICER. The Sen- tell you, the best way you support the will you also be able to say, with a ator was allotted 15 minutes. Does the troops, you support the troops by get- clear conscience, that you did your Senator seek UC for more time? ting the policy right. best to try to prevent that loss, to set Mr. KERRY. Well, I ask that, yes. Right now, all over the Hill here in this war on its proper course? I don’t The PRESIDING OFFICER. Without Washington, there are veterans of the think so. I don’t think anybody, with a objection, it is so ordered. Iraq war who are going around and clear conscience, can say that. Mr. KERRY. I probably will not use talking to Congressmen and Senators I hate the fact that we are reduced to more time, but at least I am protected. and the public, advocating that this having a vote on something that isn’t I thank the Chair. mission in Iraq ought to change, that at this moment going to change the di- Mr. President, I listened carefully to we ought to begin a process of termi- rection. But every step is incremental; the comments of my colleague, the nating our involvement there. They every step is a building block. Every Senator from Connecticut. I appreciate have a very different view of their own step helps to build the change of opin- the frustration he expressed about service than that which is expressed by ion we need to achieve in this country, what has gone on in the last hours here some on the other side of the aisle. The where people will understand the way and the difficulty of presenting to the fact is, there is a growing sentiment you best define patriotism and the way country a Senate that appears unable among many of those being asked to do you best defend the interests of our to make up its mind about what resolu- this very difficult job that the missions troops on the ground in Iraq. Surely, tion we ought to vote on. they are being sent on don’t, in fact, we haven’t reached a point in the Sen- The fact is, the last 24 hours in the always make sense. ate where you can’t even have a debate Senate have not been a profile in cour- I remember—and I know the Senator on the most important life-and-death age; they have been a profile in poli- from Arizona remembers—what it is issue facing people in this country. tics. Rather than protect the troops, like to be a troop in a war. I remember What are we supposed to do? Pack up our colleagues on the other side of the being on a river in Vietnam when the and go home and let the President con- aisle have decided to try to do what Secretary of Defense was flying over us tinue to make a mistake? Are we sup- they can to protect the President. I on one of his visits to take a look at posed to be somehow satisfied that the think they have made an enormous what was going on. Every single one of President has earned the right and the mistake. us said to each other: Boy, wouldn’t it new Secretary of Defense? Who knows The fact is, if we voted on the Warner be great if he came down here and yet; the decision is out. But the record resolution, those who support the mis- talked to us and found out what we of the last 5 years, 6 years is one of sion, the escalation—but the mission, really think is going on. We would have mistake after mistake after mistake as the Senator from Arizona said—have loved the policy to change. The fact is after mistake after mistake, one after a chance to vote no, and those who be- that more and more of the veterans I the other, from the planning to the lieve the escalation is a mistake have have talked to who are returning from numbers of troops, to what you do an opportunity to vote yes. It just does Iraq and some, regrettably, as Senator afterwards, to how you preserve the not get any clearer than that. DODD and I noticed a few days ago, peace, to what kind of politics we are No matter what happens with all this whom we met over there who have not going to pursue. argument about the process of one res- returned alive, are against what is hap- So we are doing what we can, within olution versus another resolution, the pening and believe there is a better our limited power, with 60-vote restric- bottom line is that people who on Sun- way to manage this war. tions, to register our disapproval to day shows and in hearings stand up and What we are trying to do is have a sending an additional number of say they oppose the escalation were, vote, albeit on a nonbinding resolution, troops, which has been told to the yesterday, unwilling to allow the Sen- a vote that expresses the view of the American people is 21,000 but which, in ate to vote on that. They were unwill- Senate with respect to this war. We fact, is over 40,000 when you finish with ing to have a vote of conscience on the have a moral obligation to make that the support troops who are necessary. question of the direction of this war. statement in the Senate. It is our duty These troops deserve a policy that is So rather than protect the troops, to have that vote. The soldiers in Iraq worthy of their sacrifice. No Senator those troops who are about to be sent are performing their duty. Why aren’t that I know of is not committed to suc- into a mission that, in fact, does not the Senators in the Senate performing cess. We would like to be successful. resolve the issue of Iraq—and perhaps theirs? Is it their duty to obstruct? Is But what is the definition of success even makes it far more dangerous, cer- it their duty to protect the President, now? tainly more dangerous for those troops to prevent a vote? Even though they go We have heard month after month being asked to perform it—are not pro- out publicly and talk about their oppo- from Ambassador Khalilizad. General tected by the Senate, making its best sition to the war, their opposition to Casey, over 7 months ago, said this is effort here to try to make a vote that the escalation, their belief that the di- the last 6 months for Iraq. They have a disagrees with the President. rection is wrong, we are not supposed fundamental 6-month period within The Senator from Arizona was down to vote in the Senate on the question which they have to get their act to- here a few minutes ago asking the of whether you support the troops or gether, and if they don’t, serious prob- question of the majority leader: If you don’t support the troops by sending an lems. do not support the troops’ mission, additional 21,000 troops over there. Now That time came and passed. What then aren’t you, by definition—if you is the time for the Senate to register happened? We hear another promise of vote as we would like to vote here—not its opposition to the escalation. the next few months. We have had supporting the troops? That is just an If you pursue the logic of the other months and even years now of these extraordinary leap of logic which has side of the aisle when they say: Well, promises about how this is a moment no basis whatsoever in real reasoning. we can’t have a vote here, we shouldn’t of turning the corner. This is the crit- The Senator from Arizona himself express anything, we shouldn’t try to ical moment for Iraq. This is the mo- has criticized the policies of this ad- change anything, then we are complicit ment of the difference. Everybody has ministration time and again—in fact, in the very process with which we dis- known for the whole last year or more not enough. But time and again, he has agree. If lives are lost subsequent to that you have to resolve the oil reve- said Mr. Rumsfeld was wrong or he did our unwillingness to stand up and vote, nues issue. As I stand on the floor to- not have confidence in him or this and do we bear any responsibility for the night, the oil revenues issue is not re- that. Was that a criticism of the loss of those lives? Do you go home and solved. They say they are making troops? Was that not supporting the say to yourself at night, to your wife or progress, they are getting closer, but it troops? I am absolutely confident the your children: Do you know I did ev- isn’t resolved. answer is no. I know, and we all know, erything possible to try to stop what is The fundamental question of fed- the Senator from Arizona supports the happening? When you make the next eralism, the role between the Shia and

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.064 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1610 CONGRESSIONAL RECORD — SENATE February 6, 2007 the Sunni and a strong Baghdad and a and being asked to sacrifice each day troops are not going to change that. An strong central government is unre- without a reasonable policy that is escalation is not going to change that. solved. That is a fundamental part of guiding this war. More troops on the ground raises the the struggle. Our troops, with their What are we left to do? Are we left to stakes. More troops on the ground pro- technology, with their great weapons, say that our colleagues can stop a vides more targets. More troops on the with their unbelievable willingness to vote? We are going to walk away, and ground raises the stakes in a way that sacrifice and their courage, they can’t we are not going to try to do what we says, because we heard it from the ad- resolve that issue. Iraqi politicians can to change this or to stop it? I don’t ministration: Boy, this is kind of our have to resolve that issue. Right now, think so. That is not the Senate that I last-ditch stand. And if we don’t make as we are debating or not debating this came to serve in or I think most of our this work, we don’t know what is going issue, Iraqi politicians are still jock- colleagues came to serve in. This is a to happen. What a wonderful message eying for power at the expense of our silly sort of process that is going back to send to the other side. young men and women. I object to and forth. We are being accused of sending bad that. I get angry that we have to have If you are opposed to the escalation, messages. If you raise the stakes like a private fundraising effort to put to- you ought to have a right to vote on it. that but create a mission and actually gether a rehab for our soldiers—thank If you are for it, you will have the can’t necessarily achieve it, you are God for the people who did it—in order right to vote for it. Go register your preordaining the potential of even to take care of those who are going to vote and then go out to the country. worse consequences because you will be wounded. And our people are talking The troops over there are tougher than make the negotiation even harder. You about patriotism and supporting the anybody in this room. They understand will make it harder for the surrounding troops? We have lost all contact with what their mission is. And what we do, countries to say: This is sensible, we what is reasonable or what is real in ultimately, barring the effort to either ought to get involved now. And you this effort. cut off the funds or force the President will make it harder for the people there It is unacceptable that any young to do something with 60 votes that we to make the compromises necessary American ought to be giving their life don’t yet have, is not going to change because they know that down the road or going through the sacrifice for Iraqi their dedication or their courage or is this confrontation with reality with politicians who refuse to compromise, their commitment to the specific mis- an administration that has already for a legislature that refuses to even sion. Because that is the kind of troops said: We don’t have a plan beyond this. meet. Less than 50 percent of them can we have. What a predicament. That just defies be convened, a Parliament that doesn’t But while we are talking about the common sense. So we have made mat- meet, that is the democracy we are kind of troops we have, let me ask a ters worse. We will raise the stakes, supposedly fighting for—Shia and question: Our troops, most of them, go but we don’t have a way to deal with it. Sunni politicians who are jockeying through basic training. They go A wing and a prayer. This is a ‘‘Hail amongst each other, creating their own through a specialized school. They Mary’’ pass by this administration, militias, each of them playing for a fu- train with their brigade unit company with no guarantee. I think our troops ture with a U.S. security blanket lying for a while. Then they are sent over. deserve some guarantees of an out- over it, preventing the full explosion of Most of our troops are ready to go to come. the kind of sectarian violence that battle, and some of them do, new re- The best guarantee I can think of is would flow, if all were left to their own cruits, within 7 months, 9 months. We to redeploy them in a way that puts devices. That is the one thing our pres- are now at the 3-year mark, 4-year more emphasis on what the Iraqis need ence is doing. There is a stopgap. It mark on training of 300,000 troops in to do. It doesn’t mean leaving Iraq does prevent absolute chaos, but it is Iraq. What I hear from the experts is completely. There are plenty of over- creating a slow, cancerous, insidious the problem with them is not training. the-horizon strategies, such as in the kind of chaos that is building on itself. The problem is motivation. How much desert deployments, a capacity to be A couple of days ago, the largest training do you think the terrorists there for emergency assistance, to number of civilians were killed by a get? How much training do you think tamp down chaos and go after al-Qaida, bomb, by one single suicide bomb. It the guys get who have those machine- an ability to remain in a truly sup- gets worse by the day because the fun- guns and go out? Where is their train- portive training role without having damental issues of difference between ing camp? Where are their barracks? our troops on the front line of a civil people who have always lived there and Where is their 9-week basic training or war. But those are not the ones they will live there after we are gone are not 12 weeks? Most of those people are out are putting on the table, and that is resolved. there in a matter of days and hours be- not what we hear them talk about. If you stand back from this and look cause they are motivated. We hear these two dramatic things: at it and ask, as any reasonable Amer- Right now in the streets of the West We have to go down this road where we ican would ask: What do you do to re- Bank and the streets of Lebanon and in have telegraphed our move and raise solve this, what do you do to make a the streets of Iraq, the guys we are the stakes, and saying they are talking difference in Iraq, I don’t think any struggling against are getting up ear- about complete withdrawal. No, they American is going to come to the con- lier, staying up later, and they have are not. Most are talking about how to clusion that a soldier with a gun is more motivation. And the guys we are achieve success in a responsible way going to make that difference. General supporting and putting forth money which honors the sacrifice of our Casey has told us he doesn’t believe it and guns and all the technology and all troops and meets the important na- will make the difference. General the training in the world are not moti- tional security needs of the United Abizaid said he didn’t think it would vated. Many of them don’t show up. So States of America. make a difference. The President has unless we deal with this issue of moti- The only way I know of to do that is even said there is no military solution. vation, of people who are willing to die to get to the diplomatic table; bring So if there is indeed no military solu- for their country and people who are our neighbors into a new dynamic tion, my question to this administra- willing to go out and put their lives on where they begin to have credibility; tion is: Where is the robust diplomacy the line and a group of politicians who get Syria and others through the Arab and the robust political jawboning, are willing to make the decisions nec- League, the U.N, Perm 5, and begin a arm twisting that is necessary to get a essary to resolve this, this is going to process of legitimate diplomacy, such solution? Where is it? It is invisible to go on and on and on, and it is not going as we have read about in the history the average American. to end well. books of our Nation for years. The If we don’t get serious about that di- Everybody knows what the public as- great diplomats of our country are plomacy, if we don’t have a summit sessment is on the latest NIE. People aghast at what we are doing now. Lis- that some of us have been calling for are learning privately what it is. The ten to any number of them privately, for 3 years, and that is ultimately the fact is, these are difficult times over some who served in the administration only way to resolve these differences, there. This is not getting better. It is of George Herbert Walker Bush, the then our soldiers are being sacrificed getting worse. Twenty-one thousand 41st President—Secretaries of State,

VerDate Aug 31 2005 04:08 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.047 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1611 such as Jim Baker. Jim Baker is a Middle East a month ago. I met with to him in front of our committee—in model in how to build a true coalition. leaders of the region. I can tell you this case, the Senate Armed Services It took him 15 trips to Syria before. On that while, yes, they say they don’t Committee—today, his answer was, as the 15th trip, he finally got President want a precipitous departure and a of this morning, that we have to wait Assad to agree to support what we were crazy consequence of chaos as a result, and see. engaged in. I am not sure the current they also do want the United States to Well, I am just a little country law- Secretary of State has made 15 trips in play a sensible, constructive, and le- yer, but doesn’t it seem logical that if the last 5 years. I cannot tell you the gitimate role in resolving the funda- the President’s whole plan is predi- exact number, but I don’t think it is 15 mental issues of the region. cated on the reliability of the Iraqi in the years she has been in office, let So I think a lot of us have had Army, and at this moment we still alone the prior Secretary of State. enough of hearing these phony debates have to wait and see on the reliability Mr. President, we have to get serious about who supports the troops. We all of the Iraqi Army, then is that reason about what we are going to do. The support the troops. This is the best for us to escalate our troops in Bagh- fact is, there are over 3,000 young trained military that many of us have dad out of 21,000, with some 17,500 going Americans who have now died. I think ever seen. They are doing an amazing into Baghdad, on a plan that we do not four were reported in the newspapers job under difficult circumstances. know is going to work? yesterday. There will be more tomor- Again and again, I say that they de- It is on that basis that this Senator row and the next day. The fact that we serve the support of a Congress that from Florida opposes this troop in- are losing young Americans is not a gets this policy right and that fights crease. I have said on this floor several reason to say we should leave. But it is for them while they are over there and times that the Marine generals in the a reason to say we should get the pol- guarantees that when they come home, west of Iraq, in Anbar Province, con- icy right. It is a reason to say we owe they don’t have to fight for themselves vinced me that an escalation of troops them a strategy that supports the sac- to have the promises that were made to there would help them, since that is all rifice they are making. We ought to be them kept. That is what this is about. Sunni, and since the main enemy there able to do better than what we are I think we can have a very simple is al-Qaida. But that is western Iraq; doing now, Mr. President. vote. If you are for the escalation and that is not Baghdad where the sec- So this is really pretty simple. The you think it is the right policy, vote no tarian violence is. Iraqi Study Group put forward some 79 against the resolution. If you are Mr. President, I will just conclude recommendations. They have all been against the policy of escalation and my remarks by saying that I think it is cast aside. This was a moment where you think it is the wrong policy and our only hope of stabilizing Iraq, that the President could have brought you want to be counted, then you it depends on three successful initia- Democrats to the table, all of us. We ought to vote aye for the resolution. tives: No. 1, an aggressive diplomatic could have sat down and come together That is a vote we can have tonight, to- effort led by the U.S. with Iraq and its around, OK, let’s put all these rec- morrow, or any time. Most people here neighbors to quickly find a political ommendations together. These will know where they stand, but they are settlement between Iraq’s warring fac- work, and we are willing to support unwilling to show the American people tions; two, Iraqis taking responsibility these. Let’s go out jointly and see if we and unwilling to hold this President for providing for their own security; can leverage the full power of the Sen- accountable. Shame on us. three, a massive and effective inter- ate and the Congress and the country I yield the floor. national reconstruction program. behind the kind of strategy we need in The PRESIDING OFFICER. The Sen- With regard to the first of these ini- the Middle East in order to protect ator from Florida is recognized. tiatives, an intense diplomatic effort these real interests, which range from Mr. NELSON of Florida. Mr. Presi- aimed at helping Iraq with a political Israel, to containing Iran, dealing with dent, I thank my colleague from Mis- settlement has been discussed many the protection of the gulf states, to souri for being so understanding. I will times by most of our Senators. This Lebanon, the fledgling democracy, and make my comments quite brief. Senator believes it must include suffi- obviously to stability in Iraq. We all The entire success of the President’s cient autonomy for Iraq’s various re- understand that, not to mention oil plan of escalation is predicated on the gions and communities but a stake for and the economy and the other inter- fact that the Iraqi Army is, in fact, re- all in the central government; an oil ests that we have. Those are real. liable. Therefore, in every one of our revenue sharing law; a reversal of But I respectfully submit that the hearings in our committees—be it the debaathification—partial reversal—and current policy we are on is recklessly Armed Services Committee, be it the a revised constitutional amendment putting those very interests at greater Senate Foreign Relations Committee, process. risk. And the measurement of that be it the Senate Intelligence Com- The lack of a major diplomatic effort statement is in the fact that Iran is ac- mittee—I have asked that question of to build an international coalition to tually more powerful today as a con- the various witnesses, most of whom support a political settlement is truly sequence of what we are doing. Iran are representatives of the administra- baffling. Iraq is in a full-blown crisis. loves the fact that we are bogged down tion or representatives of our U.S. So we need at least one, if not sev- in Iraq because it makes it far more military. Up to this moment, not one eral, high-level special envoys empow- difficult for us to play a legitimate of the administration witnesses can ered by the President and endorsed by card in order to deal with their nuclear tell us that the Iraqi Army is, in fact, congressional leadership. Working to- ambitions. There is nobody in the reliable in a plan that is essential that gether, they need to be on the ground world who doubts that. Lebanon is they are, which is to clear the area, every day, throughout the Middle East, more in jeopardy today, with Hezbollah hold the area, and then rebuild the in- in Europe and Asia, and at the United and Nasrallah in greater positions of frastructure. In the clear phase, it is Nations. threat to the Government and the not only the Iraqi Army and the U.S. The goal should be—within a Prime Minister. Hamas has been in an military—by the way, not in a single month—to assemble an international ascendency in the last months, and we unified command but in dual com- conference at which all of Iraq’s neigh- have been unable to move forward with mands of which the Iraqi Army will be bors and other key nations would en- a legitimate entity with which to be the most force in personnel—and I have dorse the framework of a political set- able to ultimately make peace. All heard that 60/40 is the ratio; maybe it is tlement. these things are worse off today than a more than that—60 percent Iraqi Army It became painfully evident to me year ago, than 2 years ago, and worse and 40 percent U.S. Therefore, it is es- during my last trip to Iraq that Prime off than 6 years ago. sential that the Iraqi Army is reliable. Minister al-Maliki either lacks the will If they are worse off, how do you Yet every witness has not been able or the nerve to take on the Shiite mili- stand there and say this is a good pol- to tell us that, including up to today’s tias on whose backing he depends for icy, that we ought to keep doing what witness, the Secretary of Defense, Sec- power. For example, his rushed execu- we are doing, digging a deeper hole, retary Gates, who I think is doing an tion of Saddam Hussein—certainly jus- and making it worse? I was over in the excellent job. But when I laid this out tified, but horribly carried out—spoke

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.048 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1612 CONGRESSIONAL RECORD — SENATE February 6, 2007 volumes about his insensitivity to the of war, we can debate and we should de- have gone forward with debaathifica- concerns of the Sunnis. bate. However, the Levin-Warner reso- tion and disbanding the Iraqi Army. Initiative No. 2: As for Iraqis taking lution, the only resolution at this That mistake is behind us. But we need responsibility for their own security, point the majority would let us vote a new strategy that can lead us to vic- this will only take place if U.S. troops on, sends a wrong message to the insur- tory in Iraq. begin to pull back from the primary gents, militia, and, obviously, to our It seems to me the place where we combat role they now play and shift to troops. want to be is getting the Iraqi Govern- an advisory capacity. This is a very serious and difficult ment, al-Maliki and his Sunni and Where are those words ringing famil- situation in Iraq, no question about it. Kurdish counterparts in the Govern- iar, Mr. President? From the Iraq We got the national intelligence esti- ment, to take responsibility and say we study commission, Jim Baker and Lee mate, and it says these are tough are going to establish stability, we are Hamilton’s commission. They offered times. But—and I agree with my col- going to end the insurgency. To do this recommendation. league from Florida—we cannot afford that, they have said: We need the sup- Rather than increasing our forces in to fail. port of American troops, not to be on Iraq, as the President has proposed, we During General Petraeus’s testimony the frontlines—and I agree with those should be transitioning the troops to before the Armed Services Committee who said we want to move the Iraqis training and advising Iraqi troops, last week, he chillingly described the out front when they are stopping the training and advising antiterrorism typical Iraqi terrorist as ‘‘determined, Shia and Sunni violence; that is where missions and border security. adaptable, barbaric’’ and that ‘‘he will they should be. We still have a role, Finally, the third initiative: The try to wait us out.’’ and we can play a very important role massive reconstruction effort requires And now we are considering a resolu- in helping to take out the al-Qaida a reconstruction czar, a person of the tion signaling to this enemy that this leadership and the other organized highest integrity who will cut through body doesn’t think the terrorists will international radical Islamist terror- the redtape, demand our agencies have to wait too long. By capping the ists, whether they be Shia or Sunni, produce the results working together troop strength, this resolution limits and we can do that. That is part of and deliver construction assistance the very leaders this body confirmed as what the troop surge will do. But we quickly and directly to Iraqi commu- fit to lead and determine strategies and need to have them take over, and we nities. levels of troops. need to train them. Concurrently, this official should The proponents of the resolution to The intelligence community said the convene a donors conference to elicit limit troop strength must now believe police are not ready to take over now. pledges of assistance from our inter- that sitting here 8,000 miles away, this We have found that when we embed body is more equipped than our mili- national partners and to hold them ac- American troops, provide American tary leaders to say what our force countable for delivering this aid quick- troops in smaller numbers but with structure should be in Iraq. That is un- ly. Iraqis, they function better. We can acceptable; it is totally unacceptable. In short and in summary, the cost of help show them how to win, and that is The question has been raised: Will failure in Iraq will be catastrophic in a plan I think we ought to pursue be- this plan work? There are lots of chal- cause what is the cost if we lose? Iraq growing threats to us and to our allies lenges. It is a challenging situation. and in more American and Iraqi lives is the center point in the war on terror. The intelligence community, in its Na- And unfortunately, we have no better lost if we do not awaken to the reality tional Intelligence Estimate, says that diplomacy, not a military solu- source than Osama bin Laden, who there are many difficult factors; it is a says: tion, is what is needed to end the sec- complex situation. But they said this is I now address my speech to the whole of tarian violence in Iraq. the best we can hope to do. This is our I wish to paraphrase what the Presi- the Islamic Nation: Listen and understand. best effort to make sure something The issue is big and the misfortune is mo- dent of the United States, when I was a comes out that provides a stable Iraq, student in college, President Kennedy, mentous. The most important and serious one that will not be a haven for ter- issue today for the whole world is this Third said in 1961: We must always be ready rorist groups such as al-Qaida to oper- World War, which the Crusader-Zionist coali- and willing to bear arms to defend our ate. tion began against the Islamic Nation. It is freedoms, but as long as we know what The intelligence community was also raging in the land of the two rivers. The comprises our vital interest or our very forthright, both in the NIE that world’s millstone and pillar is in Baghdad, long-range goals, we have nothing to we received last week and in testimony the capital of the caliphate. fear from diplomacy. several weeks earlier in an open hear- That is what he calls Baghdad, ‘‘the I thank the Chair. ing of the Intelligence Committee. capital of the caliphate.’’ There are The PRESIDING OFFICER. The Sen- They said if we cut and run, Iraq would similar transmissions by Ayman al- ator from Missouri is recognized. descend into chaos, giving the terrorist Zawahiri, who said: ‘‘We must have Mr. BOND. Mr. President, I spoke groups, such as al-Qaida and probably Iraq as our caliphate.’’ So we have to briefly this morning about the need to the Shia terrorist groups, the chance wait. We have to make sure we sta- have votes on the Republican resolu- to operate freely in that country. It bilize the area. tions—the Republican Gregg resolution would lead to slaughter of more and It seems to me this is absolutely the and the bipartisan Lieberman-McCain more Iraqis—innocent Iraqis—and it best plan than fiddling around and resolution. It is very important we give would likely involve the entire region. adopting a resolution that says, no, we the opportunity for this body to go on It is clear that cutting and running don’t need 21,000 more troops. Some of record saying, No. 1, they do support should not be an option. There may be the same people who said earlier this and will not cut off funding for our some people who would vote to cut off year and last year that we need more troops in Iraq. That needs to be said in funding. We ought to let them have a troops now are saying no, no, 21,000 the Gregg resolution. chance at least to say we want to end more troops is not necessary. Whom It is unusual and very unfortunate it now, not we want to tinker with the are we going to believe, someone stand- that at this time, when we are actually military strategy so perhaps we can ing on the floor of the Senate or the at war, we are considering resolutions gain some political points at home. commanding general who has responsi- which would say: Well, we don’t sup- I have heard it said that some of the bility for making sure that our troops port sending more troops over. We are people who are supporting the Levin- accomplish their mission and they are actually sending troops over, and there Warner resolution think we should be safe? If he says we need those troops, I are some who want to say: Well, we following the guidelines of the Iraq wish to vote for a resolution that says don’t support the mission; good luck, Study Group. I had the opportunity on we need those troops. I wish to vote for guys and gals; you are going over, but Sunday to ask Jim Baker is this mili- a resolution that says we shouldn’t cut we don’t support what you are doing. tary plan the military plan you have off funding; we need to support our We owe them more than that. We owe supported? He said: Yes, it is. troops when they are in the field. them what used to be the baseline in Others have said we need a new strat- What is at stake in this resolution our discussions. Unfortunately, in time egy, and I agree. I agree we shouldn’t deserves a commitment that goes far

VerDate Aug 31 2005 02:17 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.049 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1613 beyond what the political pundits and What is at stake is so much bigger Sam Bond has spent 1 year in Iraq al- political operatives pontificate in than politics, bigger than the 2008 elec- ready, in Fallujah, and he is going back Washington. I don’t say all the people tion, and it is a real disservice to our in 1 month. Sam Bond is going back to supporting this resolution have a de- troops to see our national security be- Iraq in 1 month, and we just heard the sire to undercut our troops, to send the come a political election gamble. Senator from Missouri not even men- wrong message to our allies in the re- I previously entered into the RECORD tion his only son because he is talking gion or to encourage al-Qaida and an article about 12 days ago by Robert about what is right for our country. He Jaysh al-Mahdi. But, unfortunately, Kagan, senior associate at the Carnegie believes that Sam Bond’s future de- that is what this resolution can do. Endowment for International Peace pends on our doing the right thing in I had the honor today of talking with and transatlantic fellow at the German Iraq. So I applaud Senator BOND, and I the head of the intelligence agency of Marshall Fund. He wrote a piece saying applaud Sam Bond. one of our allies in the region. I said: it is a grand delusion if we think we I want to talk about the resolution What message would it send to your can walk away from Iraq and not solve that we are going to vote on at some country if we adopt a resolution saying it. He went on to say: point. First, I think Senator BOND is the President can’t send over more Democratic and Republican Members of correct; that we ought to have the troops? He said: That would be very Congress are looking for a different kind of right to vote on at least two resolu- bad because we want to see peace and political solution: the solution to their prob- tions, not just one that is stability survive in Iraq. It is vitally lems in presidential primaries and elections unamendable. This is, as we have been important to the entire region, and we almost 2 years off. reminded time and time and time are prepared to help the coalition This is coming, as he indicates in his again, the most important issue raging make sure stability is achieved. We article, just as American soldiers are in our country and maybe the world want to make sure Iran doesn’t take finally beginning the hard job of estab- today. So I think having two resolu- over that country, that chaos doesn’t lishing a measure of peace, security, tions, or one amendable resolution, is a ensue, and we—and he was speaking for and order in critical sections of Bagh- legitimate request because there are several of the countries in the region— dad. legitimate differences of opinion. There we want to provide aid to help rebuild He goes on to say: are legitimate debatable issues that I the economy so there will be a stable They have launched attacks on Sunni in- think the Senate is capable of putting economy because a stable economy is surgent strongholds and begun reining in forth for our country, representing the one of the best ways to convince people Moqtada al-Sadr’s militia. division in our country on this impor- they don’t need to get 25 bucks from And, finally, he concludes, and it is tant issue. setting out an improvised explosive de- fitting advice for this body: Some people say we should never vice along the roadside. Politicians in both parties should realize have gone into Iraq. In hindsight, it is So we would be sending a bad mes- that success in this mission is in their inter- an easy thing to say. Let’s remember sage to our allies, and we would be est, as well as the Nation’s. Here’s a wild what we were looking at as Senators, sending a message of great hope to the idea: Forget the political posturing, be re- and let’s look at what the President people of al-Qaida. sponsible, and provide the moral and mate- was looking at as the Commander in That is not what we ought to be rial support our forces need and expect. Chief of this Nation, whose responsi- doing, Mr. President. What is at stake Mr. President, I hope we will vote on bility it is to protect the people of this deserves a commitment that goes far resolutions that do that. country. The buck stopped on the beyond the political pundits. Those I thank the Chair, and I yield the President’s desk. who call for an end to the war don’t floor. I don’t agree with everything the want to talk about the fact that the The PRESIDING OFFICER. The Sen- President has done. Not one person on war in Iraq will not end but, in fact, ator from Texas is recognized. the Senate floor agrees with every- will only grow more dangerous if we Mrs. HUTCHISON. Mr. President, thing the President has done. But I will leave with that country in chaos. you have just heard an extraordinary So as we debate these resolutions, tell you this: no one—no one—can ever speech, and I want to put it in perspec- say this President isn’t committed to Congress’s role in the Iraq policy is tive, if I may. clear: Either Congress needs to exercise one thing, paramount in all of his re- There was a Foreign Relations Com- sponsibilities, and that is to protect its constitutional powers of the purse mittee meeting several weeks ago at and cut funding for the operations of the people of the United States. He is which one of the Senators insinuated doing what he thinks is best to protect the troops, which is madness, or get be- that the Secretary of State didn’t un- hind them. We shouldn’t confirm Gen- our children and freedom for our way derstand this war because she didn’t of life. eral Petraeus and then say: Oh, but we have enough of a personal interest. don’t support your plan. So if we are When he went into Iraq, many people Well, we thought that was an unfair questioned whether it was the appro- not using our power of the purse to cut question because this is a woman who off funds and force a hasty withdrawal, priate thing to do. I did myself. But the is spending 24 hours a day, 7 days a President had just been through 9/11, what are we doing? Are we telling week, trying to do the right thing for 21,000 brave men and women who will where we saw airplanes used as weap- our country, and that was considered a ons of mass destruction that killed be going to Iraq that we are uncomfort- personal thing that was out of line. able with the dangerous mission you thousands of Americans and people We have just now heard a U.S. Sen- working in New York City. So he said, are about to undertake but not offering ator make a speech that was a wonder- any alternative? I am sure our troops to look at it from his view: I can’t af- ful, principled speech on the merits of ford to take a chance that a weapon of would find that encouraging. what he is going to support in this war Simply put, this may be a situation mass destruction would hit America effort, the resolution that will come where there are good politics, but these again, only this time it would be a before us, and he never mentioned that good politics equal bad policy. Politics chemical or a biological weapon. he had a personal interest. So I want to are trumping good policy. I believe that is what the President A headline in today’s Roll Call reads: mention it. I want to mention Sam was thinking. He knew that Saddam ‘‘Democrats to Launch PR Blitz on Bond. Hussein had chemical weapons, had Iraq Vote.’’ Sam Bond is a Princeton graduate. used them on his own people and had He is the light of Senator KIT BOND’s . . . Senate Democrats are launching a na- kicked the weapons inspectors out in tional public relations campaign aimed at life. He is his only child, his only son. 1998. He had kicked the weapons in- tying GOP moderates and incumbents facing Sam Bond has been a star from the day spectors out. Why would he have done difficult 2008 re-election races to Bush in the he was born, and we have all heard that, was the thinking, if he didn’t public’s mind, Democratic leadership aides about it. Sam Bond graduated from have something to hide? said Monday. Princeton University, and he didn’t get Then there were the intelligence re- Is that what this is all about? Is that a job on Wall Street to then sign up to ports. There were the intelligence re- the politics? I think that is a very sad go to business school. No, Sam Bond ports that we saw and there were the message. signed up for the Marine Corps. intelligence reports that the President

VerDate Aug 31 2005 03:26 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.051 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1614 CONGRESSIONAL RECORD — SENATE February 6, 2007 received which were at a much higher I very much hope that we will be able allies or to our enemies that America level than even we were able to get. All to take up the Levin-Warner resolu- cannot stand it when it gets tough. of that pointed to Saddam Hussein hav- tion, and I hope we will be able to take America is the beacon of freedom to ing weapons of mass destruction and up an alternative which will not have the world. If we do not stand and fight the capability to deliver them. So it is amendments because those are not in for freedom, who will? America must a legitimate debate to ask why are we order. But we must have the ability to never step back from that mantle and there, but it is not the debate we ought exercise a voice that would go in a dif- that responsibility. Freedom will die to be having today. ferent direction, that would set bench- everywhere if we don’t fight and keep The debate we ought to be having marks for what the Iraqi Government it for America and our allies. today is what should we do to have suc- must do if they want America to stay Let’s have that debate. Let’s have cess in Iraq because success in Iraq and and help them become strong and sta- that debate on whatever differing reso- Afghanistan is a part of the war on ter- ble and free. lutions come forward. I am not afraid ror. I want to be able to debate also the to debate the Levin-Warner resolution, After 9/11, we didn’t treat what hap- McCain-Lieberman resolution because and I am certainly proud to support pened as a criminal act. In 1993, after I think there will be a clear choice. the Gregg and the McCain-Lieberman the first World Trade Center bombing, And I hope that we have the oppor- resolutions. I wish to talk more about that is what America did. We treated it tunity to bring that out to the Amer- it. as a criminal act. America didn’t know ican people because there are con- I yield the floor. this was the beginning of a war on ter- sequences of setting a timetable and The PRESIDING OFFICER (Mr. ror. Then there was Khobar Towers, at- trying to have some kind of graceful MENENDEZ). The Senator from Rhode tacked in Saudi Arabia, and 19 Amer- exit strategy that basically says this is Island. ican soldiers killed. We treated it as a too tough for America, we just can’t Mr. WHITEHOUSE. Mr. President, I criminal act. There was the bombing of take it and, therefore, we are going to am dismayed at where we now stand. our embassies, and then there was the walk away. Last fall, the people of the United USS Cole. We treated those as criminal How about keeping our commit- States sent a message to the President acts. But America woke up on 9/11/2001 ments, so that our allies and our en- of the United States that the current and realized, finally, 10 years after the emies will know, when they are part- course of his war in Iraq is deeply mis- war had started, that America and our ners with America or enemies of Amer- guided and that bold, new solutions are way of life was under attack. This was ica, we will stick through thick and called for. The President failed to lis- not a crime, it was the continuation of thin, arm in arm with our allies and be ten. Yesterday, the Senate, this his- a war. formidable against our enemies? How toric institution, was prevented from So we are there now. We are not suc- about having a strategy that says we speaking. ceeding. Success would be a stabilized have not succeeded in the way this has What we say in this historic Chamber Iraq, an Iraq where people can go to gone, so here is a different approach? about our course in Iraq, and even the market in security and buy food or more what I hope we will do in this necessities and visit and have coffee on We expect the Iraqis to stand up now. Chamber to correct that course, are the street. That is what success in Iraq We are going to help you, but you must among the most urgent concerns of the will be. Success in Iraq will be when lead. You must meet certain bench- community of nations. It matters to they have self-governance. Success in marks if you are going to keep us help- millions of Americans who have al- Iraq will be when there are not secu- ing you help yourselves. We want the Iraqi people to succeed ready raised their voices in concern at rity forces that kill people of a dif- because we don’t want terrorists to a strategy lacking in foresight and ferent sect. Success in Iraq will be takeover Iraq, get the oil revenue and cratered with flaws. It matters to mil- when they are a stable neighbor in the lions more souls throughout the world Middle East and terrorists will not be come and deliver their weapons of mass able to get a foothold. destruction to America. That is what whose lives, whose hopes, whose fu- We are not succeeding yet. How can we are talking about. That is what is tures depend on American leadership we do better? We should be debating at stake in this war. How we execute and authority. how we can do better to succeed. If vic- our responsibilities as Senators who But we are silenced as a Senate, si- tory is not the end result, we will have have the leadership mantle is going to lenced because yesterday, on the single failed our children and grandchildren. determine how successful our troops most important issue facing America So I ask, what could possibly be the can be. today, on the issue that has cost more purpose of passing a resolution in what I hope we can have that debate. I than 3,000 young Americans their lives, has been considered the world’s most hope we can have the debate on the tens of thousands more their limbs and deliberative body that would send Gen- Levin-Warner resolution. I hope we can livelihoods, and countless families eral Petraeus to take charge of Bagh- have a debate on the Gregg resolution. their well-being—on the issue where dad and a new strategy and say, Gen- I hope we can have a debate on the this President has squandered so much eral Petraeus, we have faith in you but McCain-Lieberman-Lindsey Graham of our national Treasury and national not the mission? That is not the right resolution because I think it would be good will—the Senate was silent. It resolution to pass in this Senate. the right thing for the American peo- was silenced by a parliamentary ma- I hope we can debate that resolution, ple. But don’t try to put one resolution neuver. and I hope we can debate against those on the floor with no amendments and The people we represent deserve bet- who would send a signal to our troops call that an opportunity to have a ter from us. As you know, I am new to that we don’t have faith in the possi- voice. No one could keep a straight this body, but each time I step through bility of success in their mission. I face and say that is a fair process. these doors, I bring with me the hopes want to debate a resolution that would There are 100 Members of the Senate. and expectations of thousands of Rhode say we are not going to send any more I do not question one Member’s patri- Islanders I have heard who know it is troops, and even if we need troop pro- otism. I do not question the motives of time for a new direction in Iraq. Tired tection we are not going to send those one Member. Everyone has a view that of a President who has failed to listen troops because Congress is going to we believe is the right way for our and failed to learn, last November, take the place of the Commander in country. We ought to be able to sup- they joined millions of their country- Chief and the generals on the ground. port resolutions that put forward those men and voted for change. I want to debate a resolution that views. This is too important to have a Whenever I think of these men and would cut off funding for our troops in struggle over process keep us from hav- women, I am filled with an enormous the field. I would like to debate what ing the ability to come together and sense of responsibility. They trusted would happen to our troops who are try to reason and pass one good resolu- me to hear their voices and to make there now if a signal were sent that we tion or two that would allow us to have sure the Senate hears them too. So I were not going to give them the sup- a voice in this debate. The world is speak today. I share Rhode Island’s port they needed to do the job they going to listen to what we say. I hope conviction that it is time for a change have right now. we don’t send the wrong signal to our of course. Our troops and their families

VerDate Aug 31 2005 03:26 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.053 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1615 have made countless sacrifices, and our President’s judgment is to fail to sup- diers home will help us start down the choices in this Chamber must be wor- port the troops. Never mind the mani- long road toward renewed American thy of them. fest and repeated flaws in that judg- strength and leadership in the region The situation in Iraq is dire, rife with ment: Misjudgment on weapons of mass and in the world. It is a critical jour- sectarian conflict that can only be re- destruction; misjudgment on when the ney, and it is long past time to begin. solved by Iraqi political cooperation, mission was completed; misjudgment Mr. President, I yield the floor. not by American military force. A on the risks, costs, and demands of oc- The PRESIDING OFFICER. The Sen- broad consensus has emerged from sen- cupation; misjudgment on the wisdom ator from Iowa is recognized. ior military commanders to the bipar- of de-Baathification; misjudgment that f tisan Iraq Study Group and throughout the insurgency was in its last throes; SOURCES OF ENERGY IN AMERICA the American people that our best and now misjudgment on whether there course would be to begin to redeploy is civil war. There has never been a Mr. GRASSLEY. Mr. President, American troops out of Iraq. Instead, record of error, failure, and falsity every time a President gives a State of the President has insisted on a costly similar to it. Now, the unfortunate fact the Union message, there are a lot of strategy of escalation that would send is the President’s bad misjudgments people who praise it, there are a lot of more of our soldiers into harm’s way. I and failed diplomacy leave us few good people who disagree with it. One of the believe that to be a terrible mistake. options. areas where there was some agree- It is my deeply held conviction that Changing the Iraq dynamic can set ment—but also a lot of disagreement— in order to create the best environment the stage for an aggressive inter- was on the energy package the Presi- for real change, the President must an- national diplomatic effort to restore dent suggested in his State of the nounce, clearly and unequivocally, security in Iraq and combat terrorism Union message. Since I come from a that the United States plans to rede- worldwide. An intense diplomatic ef- State that is No. 1 in almost all of the ploy our troops from Iraq. That an- fort, with the parties thus motivated alternative energies such as biodiesel, nouncement would change the dy- by the prospect of American redeploy- such as wind—we are third in wind en- namic, enhancing our national security ment, is our best remaining real ergy, we are first in biodiesel, we are position in Iraq, in the Middle East, chance for success. It will also staunch first in ethanol production—I would and throughout the world in three im- the hemorrhage of two critical Amer- like to set the record straight and en- portant ways. courage people to see that a lot of good First, a clear statement of American ican assets: Our international standing and our national Treasury—and most has been accomplished over the last intent to redeploy forces from Iraq several years and that we ought to for- would eliminate the Iraqi insurgents’ importantly, it will bring our troops home. get a lot of disagreeing rhetoric and case that we are an army of occupa- move on and even enhance what we tion. It would eliminate it once and Without such a change in the dynamic, we are likely to remain trapped have already done. So I am here to ad- forever. The Iraqi population’s nation- dress an issue President Bush men- alist sentiment would no longer be en- there, seen by many as more provoca- tive than helpful, a great nation en- tioned in his State of the Union mes- gaged against us. The Iraqi people sage and an issue that those particu- don’t want us there, and a majority of snared. For the safety of our troops, larly on the other side of the aisle have them consequently believe it is accept- the stability of the region and the security of our Nation, that must not been quick to criticize. able to kill American soldiers. That is In the President’s speech to the Na- not an environment in which we can happen. The situation in Iraq is grave and de- tion, he once again highlighted the gain likely success. need for the United States to reduce Second, without a buffering Amer- teriorating. It undermines our national our dependence upon foreign oil. This ican presence, the world community security by hurting our troops and has been something that Presidents would understand it must face the con- their families, by diverting our atten- sequences of the Iraq situation. Other tion from al-Qaida and other critical have been stating on a very regular nations in the region and elsewhere threats, and by degrading our military basis, both Republican and Democratic, around the world would be motivated capability for other actions. The Iraq going back to 1973, when President to take a more active role to work to- quagmire demands a new strategy that Nixon gave a speech, during the first gether to bring peace and stability to is both bold and realistic. If we lead energy crisis, speaking about energy the region. Now, for all intents and boldly, sensitively, and firmly on the independence. Of course, President purposes, we are alone. diplomatic front, if we speak, again, in Nixon was saying we can do it by 1980. In particular, Arab nations, facing realities instead of slogans, if we build I don’t know why he picked that date, the risk of a pan-Arabic, Sunni-Shiite consensus instead of polarizing na- but actually we are much more depend- conflict igniting in Iraq, must then as- tions, we can restore America’s present upon foreign sources now than we sume greater responsibility for avert- tige, leadership, and good will. The were even in 1980 because of the con- ing such an outcome. Under current President’s escalation does not help sumption of the United States and the U.S. policy, these Arab countries have achieve these goals, and yesterday the standard of living we have. People little incentive to help calm the con- Senate had the opportunity to say so. want to be free to drive their car wher- flict or reduce the violence. Any incen- We did not. We were silenced—silenced ever they want to drive it as long as tive they have is buffered by America’s by parliamentary maneuver. they want to. Whether it is a big car or role as the peacekeeper and offset by The Senate has been called the little car, it is freedom in America to the cost, in so many eyes, of even asso- world’s greatest deliberative body. Let do it, so we become more dependent. ciating with the United States. us deliberate. The debate over our But also along the lines of alternative Third, Iran presently gains im- course in Iraq echoes all over the energy, we have made tremendous mensely from fomenting violence in world, from world capitals to the progress. Iraq. Keeping America bogged down in kitchen tables of middle America—ev- So President Bush did not do any- a civil war in Iraq undermines critical erywhere except this silenced Chamber. thing that Presidents probably haven’t U.S. policy objectives, including the ef- Mr. President, I call on my col- been doing for the last 34 years, in say- fort to work effectively with the inter- leagues on the other side of the aisle to ing we need to move toward energy national community to address the se- stop the stalling and allow this body to independence, but what they mean is rious threat posed by Iran’s nuclear deliberate. Ultimately, the free and unless dependence upon foreign sources weapons program. The threat of Amer- fettered clash of ideas that a real Sen- and less dependence upon petroleum. ican redeployment changes that cal- ate debate represents is exactly what Because I would be misleading my col- culation for Iran. The advantages Iran our troops in Iraq are fighting for. leagues, I would be misleading my concurrently enjoys from bogging America Let us, in this historic Chamber, not stituents if I said we have the capa- down in Iraq would diminish or evapo- undermine their sacrifice with our si- bility—at least I don’t know that we rate. lence. have the capability—of being totally Some argue—we hear it right in this For my part, it remains my view that independent of foreign sources of en- Chamber—that to fail to support this announcing our intent to bring our sol- ergy, but we surely have the capability

VerDate Aug 31 2005 03:26 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.055 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1616 CONGRESSIONAL RECORD — SENATE February 6, 2007 of being less dependent upon foreign Here my colleagues can see the would be for anything but big oil. So I sources of energy, and we have the ca- States that are darker, where the eth- had the opportunity in January of 2000, pability of being less dependent upon anol industry is being located. Iowa is when we have our caucuses in the cold- petroleum as a basis of our energy. No. 1, my State is No. 1 in the produc- est time of the year, to be in a minivan So the critics, though, it seems, have tion of ethanol, but it is rapidly ex- with President Bush, as a candidate for been quick to point out that the Presi- panding. I still remember 3 or 4 years the Republican caucuses at that time, dent has mentioned our dangerous de- ago, or maybe it has only been 2 years to ride with him for 2 or 3 days. I pendence on foreign oil in seven ago now, when we had Members from thought, what a wonderful opportunity straight addresses to the Congress. this State and Members from this to be in a small car with a Governor That is why I pointed out that every State who would stand up here and who might be President of the United President since President Nixon has offer amendments against ethanol, and States, to teach him about the facts of been talking about this issue. So it is it wasn’t long that once we got into the ethanol. It didn’t take me very long be- not just President Bush who has been point where everybody realized they cause he came back—and you never re- mentioning it and, presumably and had to use ethanol, we had Members member the exact quotes because I impliedly, not doing anything about it. from this State and we had Members didn’t write this stuff down. But I re- I wish to remind my colleagues he has from this State saying to Senator HAR- member him saying something along also talked about the value of domes- KIN and me: Why don’t you get us more the effect of: Well, it is just common tic, homegrown, renewable sources. ethanol, as an example. So people are sense. We only have so much petro- But at the same time, there has been becoming more ethanol friendly, but it leum. We have to start relying on eth- criticism that he has done little to ac- seems you have to take them dragging anol to a greater extent. I guess I be- tually support the growth of alter- and screaming into the new world of al- lieved him then, but maybe I had some question marks. So we went on for 2 or native energy. I say my colleagues are ternative energy. wrong. So we have a developing industry. 3 days, and there wasn’t anything in I am going to quote Senators, but I Twenty-three States currently have those 2 or 3 days to change my mind. am not going to mention their names ethanol plants in operation or under But you wonder: you say one thing as a candidate; you might perform an- because I am not here to embarrass construction. Today, there is some other thing as an officeholder. But I anybody; I am here to try to get people level of ethanol blended in more than found back in 2000 that the President to be responsible. I do wish to refer to 46 percent of our Nation’s fuel. In my was a friend of ethanol when he told these as all Members of the Democratic State, that would be about 80 percent. me about it, and he has performed that Party, but I am not going to mention In Minnesota, I will bet it is more be- way in office. So I am satisfied that their names. One Democratic Senator cause Minnesota has a State mandate. this President is coming from where he stated after the President’s speech last I have been embarrassed because when started and albeit from a State where week: the Republicans controlled the State oil is big business and where you The President acknowledged the need to legislature and I went to them and said wouldn’t expect him to be for it, but he develop alternative energy, but he did not we ought to be doing what Minnesota has been a friend, as he indicated to me offer a real plan to put us on the path to en- is smart enough to do, I had Repub- ergy independence. privately he was going to be. I think lican legislators tell me: GRASSLEY, go this President has done well for alter- Now, I am going to show my col- back to Washington and stick to your native fuel. So I don’t think the criti- leagues how the President has been own business. But I told them how I cism of him is legitimate. very much involved in this. fought for the ethanol industry and al- The fact is that when President Clin- Another Democratic Senator stated: ternative fuel and for the agricultural ton left office in 2000, our farmers were So many of us believe that though the industry because that is where the only producing 1.6 billions of gallons of President continues to refer to the problem— source of the energy comes from, from ethanol. Now, I am not saying Presi- Meaning the problem of not being en- the family farmers of America, and I dent Clinton was not friendly to eth- ergy independent enough— told them it was embarrassing to me to anol. He was friendly to ethanol. But I he has never quite moved us— fight big oil here while they were kow- think there are degrees of friendliness. Never quite moved us— towing to big oil back in Des Moines. But for the people on the other side of as we would like in the direction of a solu- Well, anyway, I think things are the aisle who tend to be criticizing this tion. We did little or nothing in Washington going to be moving along. We have a President, I want them to see where we to address the addiction. Democratic Governor who wants to do have come since this President took of- Maybe he hasn’t addressed the addic- more with the biofuel industry in my fice. During the 8 years of the Clinton tion, but because there is an addiction, State, and I think we are going to presidency, domestic ethanol produc- he has tried to make us less dependent make some progress. We may not have tion grew 33 percent, as my colleagues upon a petroleum addiction, as opposed a mandate, but we may not need a can see here. Now, when we compare to an energy addiction. mandate now. that to what it is since President Bush Finally—and I could go on and quote I wish to talk about where we are lo- came to office in January 2001, the do- many more, but I will stop at the third cated. Now, according to the Renew- mestic ethanol industry is producing one—one more Democratic Senator able Fuels Association, the ethanol 1.7 billion gallons annually. That grew commented: produced in 2006 resulted in the reduc- to 4.9 gallons last year. When President We have waited 6 long years for the aggres- tion of oil imports by 170 million bar- Bush leaves office—this chart is some- sive new incentives needed to really get our rels of oil, with a value of $11.2 billion. what of an estimate, but we think it is biofuels industries off the ground and break Remember, $11.2 billion being spent on on target because the plants are com- America’s oil addiction. ethanol that is not going to the Middle ing online and ethanol is catching on Of all the statements I have quoted, East to produce a profit for the oil bar- and the need for ethanol is very real— it seems to me that is the one that is ons over there who shoot bullets at our we think this will grow to 10 billion flatout intellectually dishonest, as I soldiers as we are trying to take on the gallons. That is a 488-percent increase am going to give some facts here. The war on terrorism. during this period of time compared to facts would suggest otherwise. The fact Now, I say to the critics on the other a 33-percent increase. is the ethanol industry is growing at side—the other side chooses, as evi- I am not belittling President Clin- the fastest pace in its history. There denced by the earlier statements I ton’s efforts, but I think people on the are over 110 ethanol facilities operated quoted of Democratic Senators—to ig- other side of the aisle ought to take across the country. These plants have nore this data when they discuss the into consideration when they are rais- the capacity to produce 5.3 billion gal- energy track record of President Bush ing a question about whether we have lons of ethanol annually. I said 110—110 and the Republican-controlled Con- done enough in recent years about al- ethanol facilities. We only have 170 pe- gress in past years. ternative energy these facts and this troleum refineries to make gasoline I was cynical when there was a Gov- growth and not belittle this growth and fuel oil in this country. So I think ernor Bush running for President and that seems to me is going on. This we are developing an industry. coming to Iowa to campaign saying he growth is no accident.

VerDate Aug 31 2005 03:26 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.057 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1617 In fact, a key turning point took referred to this a little bit before—no dent coming from big oil Texas and place in March of 2001 when President fewer than 11 amendments were offered being Governor of that State, would I Bush took a courageous step that by Members of the other side of the expect him to be a renewable fuels per- President Clinton should have taken aisle to delay, reduce, or render useless son in the future? No, because I have but did not take during the last year of the renewable fuels standard which had been dealing with big oil and fighting his Presidency. In 1999, the big State of broad bipartisan support, particularly them versus ethanol for a long period California, with a tremendous con- from those from the Midwest. It was of time. It is only within the last 3 or sumption of fuel for automobiles and not the Republicans offering these 4 years that we had the freedom of not energy—generally, the State of Cali- amendments to kill the growth of the having to fight big oil. Who knows, fornia, at that time, was deciding to domestic renewable fuels market. It maybe today we will have to fight big ban the competitor to ethanol as an oc- was members of the other side, some of oil again when it comes to some eth- tane enhancer that is known by the ac- whom are the same ones who may be anol products for the future, but there ronym MTBE. It stands for methyl ter- criticizing the President today for not has been a lull. I thank President Bush tiary-butyl ether. It was found to con- doing enough to decrease dependence for keeping his word to the people taminate ground water. upon foreign oil. when he promised to be prorenewable Obviously, California had to quit Perhaps more ironic is that a strong fuels. using it, but they did not want to sub- renewable fuels standard could have Getting back to those who claim the stitute ethanol. According to the 1990 been enacted earlier than 2005. In No- renewable fuels industry has lacked at- Clean Air Act, they had to substitute vember 2003, an Energy bill conference tention from President Bush and pre- ethanol without a waiver by the Presi- report came to the Senate with a re- vious Republican Congresses, I leave dent or Congress. They were asking for newable fuels standard but ran into a with one final point. In the year 2000, that waiver. It did not happen, so we filibuster in the Senate. Had there not the final year of the Clinton adminis- did not know where the ethanol indus- been a Democratic-led filibuster, what tration, we produced 1.6 billion gallons try sat versus the MTBE, so ethanol the President signed in August of 2005 of ethanol. That is nothing negative did not benefit the way it could have if would have been signed in November about President Clinton. He seemed to President Clinton had made a decision. 2003. We would have been 2 years ahead be, for the most part, very ethanol California Governor Gray Davis did of the game. friendly. But you cannot criticize this not want his citizens to have to use In addition to the renewable fuels President when we have this figure: By ethanol—which the 1990 law required— standard, other provisions enacted in the time he leaves office in 2008, we and he petitioned Clinton for that the past 6 years have perhaps done will be producing 10 billion gallons. waiver. While many of my colleagues even more to spur the growth of the re- The policy supported by the Repub- and I lobbied President Clinton to deny newable fuels, particularly ethanol and lican Congress led to this growth. the waiver, he took no action. When particularly biodiesel. In 2004, Congress I have proven that I don’t want to sit President Clinton had the opportunity enacted the American Jobs Creation by quietly while the other side tries to to demonstrate his confidence in our Act. This legislation included modi- say otherwise. Nation’s farmers and ranchers to fication and extension of the ethanol I yield the floor. produce this clean renewable alter- tax incentive. While improving the in- The PRESIDING OFFICER. The Sen- native energy, President Clinton was centive, it also extended it through ator from Iowa. nowhere to be found. 2010. Does the Democratic side seek unani- That changed when Governor George In the Energy Policy Act, which the mous consent to address the Senate? Bush was elected President. Less than President signed in August of 2005, Mr. HARKIN. Mr. President, I ask 90 days into his term as President, Congress expanded the incentive for unanimous consent I be permitted to George Bush denied the waiver which small ethanol producers and created a speak as if in morning business for put the ethanol industry firmly on a new credit for small producers of bio- path to growth because California uses such time as I may consume. diesel. Most recently, Congress ex- The PRESIDING OFFICER. Without so much energy. Along the way, Congress considered tended the tariff on imported ethanol objection, it is so ordered. and enacted a number of incentives and through the year 2008. The tariff en- f sures that U.S. taxpayers are not sub- supportive policies to foster the devel- IRAQ opment of this important industry. In sidizing foreign ethanol and that we Mr. HARKIN. Mr. President, I have August 2005, President Bush signed into continue to grow our domestic produc- been periodically tuning in today dur- law the Energy Policy Act which in- tion of ethanol. ing committee hearings and other work cluded the renewable fuels standard, or As a result of the tax incentives, the we do around here on some of the de- RFS, for short. This provision was a ethanol import tariff and the renew- bate surrounding whether we are going culmination of the work of dozens of able fuels standard, the domestic re- Senators during a period that spanned newable fuels industry, is growing fast- to have a debate on Iraq. It is hard for three Congresses. It has also been key er than anyone could have ever imag- the average American out there who to the growth of the domestic ethanol ined. The policies put in place by the may be watching C–SPAN to under- industry. Congress when Republicans controlled stand whether there is any sanity in The effort to enact a strong renew- it, with the support and assistance of this place, whether we are really ra- able fuels standard was bipartisan, but President Bush, have put this industry tional individuals running the Senate. it was approved by the majority Repub- on a path of extraordinary growth. We This is supposed to be the most delib- lican Congress with the help of Presi- have recognized that renewable fuels, erative body, as we keep calling our- dent Bush. such as ethanol and biodiesel, improve selves, in the world. The function of During the consideration of the En- air quality, strengthen national secu- the Senate is to debate and to discuss, ergy Policy Act, President Bush asked rity, reduce the trade deficit, decrease sometimes ad nauseam, different meas- Congress for a bill that would help di- dependence upon the volatile Middle ures. Sometimes we can debate for a versify the U.S. away from crude oil. East for oil, expand markets for agri- long time around here. People in this He put his public support behind the cultural products, increase income for country wonder what is happening here renewable fuels standard to require the farmers, and create good-paying jobs in that the Republicans won’t even allow use of ethanol and/or biodiesel. The rural America. debate on the most important single President supported our efforts toward In other words, it is as the Camp- issue confronting America today: the a renewable fuels standard because he bell’s soup advertisement of 25 years war in Iraq and the escalation. recognized that increasing our use of ago: everything about ethanol is good, I make it clear from the outset to ethanol and biodiesel would create new good, good. those who may be watching, to try to markets for farm products and increase The fact is, President Bush has been clear it up as much as possible, the Re- our energy security. the most prorenewable fuels President publicans, through parliamentary ma- During the consideration by the Sen- our country has ever had. I stated ear- neuvers and through their vote yester- ate during this period of time—and I lier when he was a candidate for Presi- day, will not even allow the Senate to

VerDate Aug 31 2005 03:26 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.065 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1618 CONGRESSIONAL RECORD — SENATE February 6, 2007 debate Iraq. I can talk on it if I want recommendations. It is one thing for pected for the first part of April. Three days to. Of course, I can. But they will not Republican Senators to ignore the re- ago, our worlds came crashing down once allow us to go to a debate on the War- sults of the November election. It is again as we learned that our loved ones ner resolution, which has very strong one thing for them to ignore all the would not be coming home in April, but were bipartisan support, and has a majority being extended until August, thus being de- warnings of the generals last year. But ployed for almost 2 years by the time they of the votes in the Senate. what is unacceptable is that Repub- return. I am angry, I am devastated! How We are faced with an unusual situa- licans in the Senate refuse to listen to could this happen? How could you let this tion which I don’t know has ever oc- the families of soldiers who are being happen? How could this be right? I have lost curred here before. A matter which is asked to put their lives on the line for all hope and faith in our government. I don’t life and death for so many of our young this last and reckless roll of the dice in understand much about politics so my big- men and women—disrupting families, Iraq. gest question is if so many people are causing untold drain on our Federal Among those being committed to the against this war and the increase of troops Treasury, not just now but for years in escalation are more than 600 soldiers being sent over then why is the president not listening? Doesn’t he care? I voted for him the future, causing us to lose friends from the Iowa Army National Guard. and allies around the world—and we and believed in him and he has let me down. Many of them are from the 1st Bat- I attended a meeting that was to discuss this can’t even debate it. But that is the talion of the 133rd Infantry extension and we were told some good things situation in which we find ourselves. headquartered in Waterloo, IA. Other were happening for the future for the guards. I can tell you, over the last few units are from Dubuque, Iowa Falls, Limited times of 12 months being deployed weeks I have had thousands contact Charles City, and Oelwein. These sol- and 5 years in between call ups. Even though my office through e-mails and phone diers have been deployed since early I am so happy for these changes for the fu- calls. I must say, the vast majority, last year in Anbar Province, the most ture, you have to understand that 700 families are devastated right now, feeling left the overwhelming majority, oppose the violent region in Iraq. President’s escalation and the war in out, and not cared for because this doesn’t These soldiers were supposed to come help our soldiers or us right now. Please, Iraq. home in the spring. But just 1 day after Over the last 24 hours, since yester- please think about the effects this is having the President announced his esca- on our soldiers and their families. We all day, much of their anger and focus has lation, they learned they would not be have given so much and though we are proud been not so much on the President and coming home. Instead, their combat to have been part of serving our country, it’s his misguided policies but on the Re- tour in Iraq would be extended to 16 time for our soldiers to come home. Please publicans in the Senate who won’t months. Think about that—nearly a bring them home. allow Members to debate the issue. As year and a half in the middle of some of Sincerely, one said, we debate this in our work- the most deadly combat in Iraq. To Barbara place, we debate it in the parking lot, make matters worse, as we now know, The next letter is from Jodi in Iowa. we debate it after church on Sunday, many of the soldiers and their families She said: we debate it with our neighbors, in our learned about it through the media be- clubs, at the bowling alleys, but you I have a 20 year old son who has put his life fore they were officially notified. on hold for the past 18 months. He left after guys can’t debate it in the Senate? I want to make it clear, I know some only two weeks of his freshman year of col- They just cannot believe that Repub- of these members of the Iowa Army Na- lege. He deployed to Iraq last April and was lican Senators are blocking debate on tional Guard. They are disciplined pro- due to come home in three months. Now we the No. 1 issue before our Nation. fessionals. Even those who I know pro- are told he is to stay another 4 months. I In a nutshell, what callers are saying have seen no progress in the Iraqi war and foundly disagree with this escalation, I to my office is that Senators have a can not justify my son losing another 4 know they will do their duty. And they right if they want to support the Presi- months of his life. I feel it is the lower and are doing their duty in Iraq. They de- dent’s position on the war in Iraq. They middle class people who are providing the serve our profound respect and admira- have a right to embrace his escalation men and women who are fighting this war. tion. But they deserve to be listened How many of your fellow congressmen have of the war, but they do not have a right to. And their families deserve to be lis- sons, daughters, husbands, wives, nieces or to block legitimate debate in the Sen- tened to. nephews serving in this war? I have a son, a ate on whether the escalation is wise From the letters, e-mails, and phone nephew and a niece in Iraq. They joined the or appropriate. They do not have the calls I have gotten, people are outraged Guard for money so they could attend col- right to silence the voices of tens of lege, not because they were eager to go to that Republicans are not allowing the millions of Americans who have had war. They were assured when they signed up Senate to even debate the escalation. that they would not need to worry about enough of our quagmire in Iraq. We got some e-mails in, and I started People in Iowa, and I suspect across being deployed. They do not want nor do we reading some of them. I asked my staff the country, are saying the election want them to stay longer than what they to contact them to see if I could read last November was a referendum on the were told when they left last April. Please them on the Senate floor. I would not help bring my son home. He has served his war. Voters spoke loudly and clearly; want to read an e-mail on the floor un- time and his country and served it well. they want our troops out of the civil Sincerely, war in Iraq. I imagine the American less I had permission from the sender. So I have three letters I am going to Jodi people probably thought their elected read because they are so profound. One leaders in Washington got the message. Last, I will read a letter from Nikole: is from Barbara—I will not use the last Well, maybe they see now that the Re- Dear Senator Harkin: name—in Iowa whose husband is with publican minority in the Senate does I write to you as the wife of a soldier in the the 133rd Infantry. This is what she not even care about what happened in 1–133. My husband, SSG Nicholas . . . , has writes: been stationed in Iraq since the end of March the election. They want to escalate the 2006. He also trained at Camp Shelby, Mis- war. But that is fine. If that is their Senator Harkin: I sit here to write this letter, not knowing why since I’m feeling like sissippi for five months prior. He was to choice, that is their choice. But what no one cares anymore or will be able to do come home at the beginning of April; how- should not be their choice is to silence anything about it. I am a 41 year old woman, ever, he has now been extended for an addi- debate by a majority of Senators who (as of today), a military wife of 23 years and tional four months. oppose the escalation in Iraq. a mother of 3. My husband is a proud mem- My husband and I have been married for al- I think this is what got people so ber of the 1–133rd Infantry. This unit was most six years. He was in the US Army when upset and are calling and e-mailing my called up to serve in the Sinai for 9 months we married and then joined the Iowa Na- office. People in this country, in times from April 2003 until January of 2004. Just a tional Guard after exiting the service to con- of crisis such as this, are always way short 18 months later they were ripped away tinue to serve his country. My husband is 27 ahead of the politicians. They know from their families once again to be a part of years old. He has served eight years in the military. Before his deployment he was a that by voting against debating the Operation Iraqi Freedom. They are currently serving in Iraq and have been gone for 16 junior at Iowa State University majoring in war, the Republican Senators have months so far on this mission. The soldiers Community Regional Planning and had plans voted to endorse President Bush’s esca- and the families have finally been feeling to attend graduate school. lation of that war. like we were seeing the light at the end of Our lives have been put on hold during this It is one thing for Republican Sen- the tunnel. As the new year began we all deployment. We both went into the deploy- ators to ignore the Iraq Study Group’s started our countdown for our reunions ex- ment knowing that it would be difficult, but

VerDate Aug 31 2005 04:08 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.066 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1619 we knew that our love would allow us to the Kurds. He said: Furthermore, Sen- stop the obstruction, allow the Senate make it through. Our motivation was the ator, it is a civil war waiting to hap- to debate the Warner resolution, and to ability to secure our future with financial pen, and there is nothing you can do have a vote. That is all we are asking freedom. about it. for. Vote your conscience. If people Think about that: ‘‘Our motivation Yes, maybe someone as ruthless as want to vote to support the escalation, was the ability to secure our future Saddam could put the lid on it for a if they want to speak on behalf of it, with financial freedom.’’ while. And we would hope they would that is their right as U.S. Senators. We planned to purchase our first house come to their senses and not have a But I hope they don’t realize they have with the money that we saved. civil war. They have had an election. a right to silence the voices of millions During his two-week leave in September, of Americans who are looking to us to we began building a new home. The house They have a parliament. And now it is was to be finished in February. This would time for the Iraqis to take matters into do something, to bring some reasoning, allow me time to move in and decorate just their own hands. The longer we are some rational discourse, and some in time for his return. It was PERFECT tim- there, the more involved we become, clear thinking to what is happening in ing. We would be able to pick up our lives the more it becomes America’s war Iraq and to confront the truth. and move on. against the Iraqis. As I said earlier, our young men and As you can imagine, we were both ex- I read the article in the Washington women are doing their duty. I know. I tremely disappointed to hear the news that Post this morning about how our have an e-mail I received the other day he would be extended for an additional four troops are now going door-to-door in from a young man in Iraq who has been months, already a longer time than any there for quite a while. I won’t use his other unit deployed to Iraq. Iraq, and they just bust in. They busted I have not only lost my husband. I have into the home of a woman who had a name because I didn’t ask his permis- lost my very best friend, my lover, my con- master’s degree in English translation, sion to use the e-mail. He said in his e- fident, my motivation and inspiration for whose husband was a major in the Iraqi mail that he—I am not sure of the life, that one person that knows and under- Army. And she said: Why didn’t you word—disagreed with the war. He said: stands me the most. I am sure you can relate just have the courtesy to knock? I This war is not winnable. The military to someone in your own life. would have let you in. cannot do this over here. But he is Sure, my wife. These soldiers are going into homes. doing his job. He is putting himself in Now imagine that person being torn away They are going into bedrooms and harm’s way day after day. They realize from you for two years and place them in looking under beds, tearing sheets off this is a bad mistake. You think we harm’s way in a war zone. I act tough to my the beds, looking through dressers of would start realizing it around here, husband so that he will have one less thing people who have nothing to do with the too. to worry about. However, it IS an act. I miss War is not the answer in Iraq. Diplo- him. I need him. I am falling apart. war. These are just civilians and they My intention is not to be rude, complain, happen to be caught in a zone. macy is, bringing in other countries. and say nasty comments. I am sure that you You wonder how they feel about us Does it mean we have to talk with receive enough of those types of letters. I after something like that happens. One Iran? I have no problem with that. The just pray that our story can give you a soldier was quoted in the paper this President once said he didn’t want to glimpse into our lives and the effect of the morning talking about his first tour of talk to Iran because they were our en- situation. I also pray that by hearing a per- Iraq right after the invasion. He said: emies. I guess all we want to talk to is sonal story you will reconsider and allow the our friends. If I disagree with someone 1–133 to return home to their families, their Things were fine. We went out with the children, their jobs, and continue their lives Iraqi people. Now I go over there and here, I want to talk to that person. I as American citizens. they spit at us, every one of them. want to find out why. Is there any way Sincerely, So the people of this country under- we can reach resolution? So we ought Nikole stand that this war was a terrible mis- to be talking with Syria and Jordan Mr. President, I took the time to take from the beginning. It has been and Iran, Iraq, of course, Turkey, read those three letters. If we do not not only a mistake and a lie to get into Syria—all the countries around there. speak for these families, who will? If it, it has been mismanaged from the We ought to be talking to them. And we are not allowed to debate here, are very beginning. It has cost over 3,000 of there ought to be a more concerted ef- their voices to be silenced? They do not our young men and women’s lives. How fort on the diplomatic side than there have the right to come here on the many Iraqi lives? I am told the count is is on the military side. We are putting Senate floor and speak. I have the now way over 50,000, maybe as high as too much on the military and not right to read their letters, with their 100,000, with millions more displaced enough on diplomacy. I would hope the permission, but why can’t we debate from their homes, going into Jordan. Iraqis would come to their senses and this and speak on behalf of them and so That is going to cause a lot of unrest in not engage in a civil war, but that is many other families in this country Jordan with all the displaced people their decision to make. We can’t make who want their stories told and who and refugees there. it for them. want an end to this quagmire in Iraq? The answer is not to continue this The longer we are there, the worse it They now know—people are so far miserable escalation the President becomes. The longer we are there, the ahead of us; they are so far ahead of wants to do. Everyone realizes this more and more Iraqis turn against us. the politicians around here—they know won’t do it. It is just going to cause More and more people in the Mideast what is happening. They know that more misery, more suffering, cost more turn against us. And more and more we Iraq was a lie; it was a mistake. They money, cost more lives. lose our standing in the world commu- know there was never any weapons of That is the kind of debate we want to nity. I daresay we have precious few mass destruction. They know now that have. But Republican Senators will not friends around the world today who are Saddam Hussein, however bad he was, allow us to have the debate or even to willing to stand with us. Prior to this was not involved in acts of terrorism have a vote on the resolution of dis- war, after 9/11, the entire world was on against the United States—against his approval. We have a duty to debate this our side. After those planes hit the own people but not against the United escalation, to speak up when we believe Twin Towers and the one hit the Pen- States. the President’s policy is wrong. We tagon and the one went down in Penn- They now know that what is hap- have a duty to speak up for families, sylvania which was probably coming pening in Iraq is a civil war. As I was such as the ones whose letters I read, here, the world was on our side. Coun- told some years ago by a person from and for the overwhelming majority of tries all over the world—Muslim na- the Emirates—close to there—he said Americans who oppose this new esca- tions were on our side. Even Iran sent to me: Senator, you have to understand lation. It is unconscionable that Re- out some feelers to go after the that Iraq was really three countries. It publicans leaders, at the behest of Taliban. They didn’t like the Taliban, is just a figment of the British imagi- President Bush, are refusing to allow either. And here we squandered it all, nation that they put it together in the the Senate to debate the escalation in with the whole world on our side 5 Treaty of Versailles after the First Iraq. It is time for them to listen to years ago. Now we would be hard- World War. He said: Really it is three the American people and the families pressed to find a few. They may be with countries, the Shias, the Sunnis, and of our troops in the field. It is time to us here and there on this or that, but

VerDate Aug 31 2005 03:26 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.068 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1620 CONGRESSIONAL RECORD — SENATE February 6, 2007 we know what they are saying about I yield the floor and suggest the ab- Marty Wagner has had an exemplary our involvement in Iraq. We know what sence of a quorum. career working for the Federal Govern- they are saying about our standing in The PRESIDING OFFICER. The ment. Far removed from the apoc- the world community. We know that. clerk will call the roll. ryphal ‘‘faceless bureaucrat’’ that so It is going to take a long time to re- The legislative clerk proceeded to many of those who wrongly belittle our build it. The longer we persist in this call the roll. Federal workforce often refer to, Marty unconscionable, unwinnable quagmire Mr. REID. Mr. President, I ask unan- should serve as an example to us all in war in Iraq, the longer it is going to imous consent that the order for the how to best serve the people of this take us to get our standing back in the quorum call be rescinded. great country. Marty was a leader and word community. Try we must. We The PRESIDING OFFICER. Without a doer who accomplished much over need to bring this war to its conclu- objection, it is so ordered. the past three decades, and leaves the sion. f Federal Government a far better place It is not losing the war. People say: than how he found it. We can’t lose it. I wasn’t in the Senate, HONORING OUR ARMED FORCES Over his 31 years in the Federal civil but I was in the House of Representa- FIRST LIEUTENANT JACOB FRITZ service, Marty earned many honors and tives when the Vietnam war finally Mr. HAGEL. Mr. President, I rise to awards for his efforts to make the Fed- came to a close. We heard the same ar- express my sympathy over the loss of eral Government a better place to work guments then, that we can’t afford to U.S. Army 1LT Jacob Fritz of Ne- for all Federal employees. His service lose, that the whole of Southeast Asia braska. Lieutenant Fritz was killed has also resulted in a Federal Govern- would be in flames, communism would near Karbala, Iraq on January 20. He ment that is more caring and respon- take over the Philippines, communism was 25 years old. sive to the needs of the American pub- would take over Indonesia. We heard it Lieutenant Fritz was raised on his lic. time after time. Guess what. None of it family’s farm near Verdon, NE. From a Marty grew up in Tucson, AZ. In his happened. And you look back now and young age, Lieutenant Fritz knew he youth, he played guitar and sang folk you go down here to the Vietnam Me- wanted to be a leader. After graduating songs in old time ‘‘hootenannies.’’ He morial wall and you read those names from Dawson-Verdon High School in has a deep, recognizable voice, which and you think about their sacrifice, 2000, he followed through on this goal. would have served him well as a profes- families that were left behind, chil- I had the honor of nominating Lieuten- sional musician or radio persona. For- dren, loved ones. You wonder what for. ant Fritz to the U.S. Military Academy tunately for us, his career took a dif- What for? They served their country at West Point. He graduated from the ferent path and Marty became a dedi- proudly. They did their duty. But you Academy in 2005. His brother, Daniel cated, hard-working Federal em- wonder in the end, what was it for? Fritz, 22, followed in his footsteps and ployee—serving in a number of agen- I think, as we look back on this war is currently in his third year at West cies and departments over the past 31 in Iraq years from now, the thousands Point. Like his brother Jake, I had the years. of Americans who have lost their lives, privilege of nominating Dan to West Most of us who know and have we will ask that same question: What Point. worked with Mr. Wagner over the for? Why? War is not the answer. Esca- Lieutenant Fritz was leading a unit years, associate him with his almost lation is not the answer. We need to of more than 30 soldiers in Iraq since two decades of service with the General bring our troops home. Services Administration, GSA, where Those on the other side are saying we October. Lieutenant Fritz described his mission as a liaison between Iraqi po- he has been an innovative leader and ought to talk about cutting off fund- promoter of initiatives for improved ing. That is going to come. We are lice and the U.S. Army. He said the and more accessible information tech- going to have a supplemental appro- work was challenging, but rewarding. nology for Federal workers and the priations bill. It will be here probably Lieutenant Fritz was buried on Janu- public alike. Most recently, Marty has in the next couple months. I, for one, ary 31 with full military honors in a served as Deputy Commissioner of the am going to do everything I can to church cemetery 4 miles from his fam- make sure we have some kind of ily home near Verdon, NE. Family and new Federal Acquisition Service, FAS. amendment on that bill which will friends paid their final respects in a Prior to accepting this position, Mary limit the President’s ability to spend moving service that reminded all of the also served as Acting Commissioner the taxpayers’ money on the war in courage, commitment, and sacrifice of and Acting Deputy Commissioner of Iraq. After all, the Constitution gives soldiers like Lieutenant Fritz. As his FAS. However, Marty was also a leader us the power of the purse strings, not childhood friend Air Force 1LT Brett before his days at GSA, and I call to the President. If we want to say: Mr. Cooper remembered, a life of service to my colleagues attention just one of his President, you can spend the money to his country followed by a retirement to major accomplishments over his Fed- redeploy troops out of Iraq and to pro- the small town life that he loved was eral career. tect them while they are being de- all that Lieutenant Fritz wanted. Early on, Marty was an economic an- ployed, you can do that, but you can’t We’re proud of Lieutenant Fritz’s serv- alyst at the Environmental Protection spend any of that money to send any ice to our country as well as the serv- Agency. His outstanding work in the more troops there and put them in ice of thousands of brave Americans environmental arena proved to be in- harm’s way and have them going door who are currently serving in Iraq. valuable to the quality of the air we to door in Baghdad and have them be In addition to his brother Dan, Lieu- breathe. In addressing the economic shot at by snipers, we will have that tenant Fritz is survived by his parents impact of pending EPA regulations, opportunity when the supplemental ap- Lyle and Noala and his younger broth- Marty was instrumental in producing propriations bill comes before us. er Ethan. the findings that resulted in the first Right now is time for us as a Senate I ask my colleagues to join me and requirement to remove lead from gaso- to stand up and say whether we ap- all Americans in honoring 1LT Jacob line. I believe Marty could have retired prove of the escalation or disapprove. Fritz. at this point and have served his coun- Republican Senators on the other side try well but, fortunately, this was just f of the aisle won’t even give us that op- the first step in a long and distin- portunity. I hope they hear from more ADDITIONAL STATEMENTS guished career with the Federal Gov- families like the letters I just read. ernment. Maybe we will get that opportunity. It G. Martin Wagner was a masterful is time for us to quit shirking our re- RECOGNITION OF G. MARTIN manager and leader of innovative sponsibility, time for us to stand up WAGNER change within the Federal Govern- and say whether we are for the esca- ∑ Mr. LIEBERMAN. Mr. President, ment. The results of his untiring ef- lation. I, for one, am not. Maybe others today I honor G. Martin Wagner—a forts over the past 30 years are evident are for it. I think that is what we dedicated public servant who, on Janu- in numerous Federal programs, result- ought to debate, and that is what we ary 31, 2007, retired from Federal serving in a much more effective and effi- ought to vote on. ice after 31 years. cient Federal Government.

VerDate Aug 31 2005 03:26 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.069 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1621 Throughout his career, Deputy Com- ducted to both the Alabama Military accompanying papers, reports, and doc- missioner Wagner has been a leader for Hall of Honor and the Alabama Law uments, and were referred as indicated: positive change and modernization. Enforcement Hall of Fame. EC–592. A communication from the Con- When you worked with Marty you His service to the Nation has been ex- gressional Review Coordinator, Animal and knew where you stood and that his po- ceptional, and Beasor Walker is more Plant Health Inspection Service, Department sitions were based upon his strong per- than deserving of this recognition. His of Agriculture, transmitting, pursuant to sonal beliefs in how best to serve the sacrifices are appreciated and impor- law, the report of a rule entitled ‘‘Emerald American public and the Federal em- tant to the freedom we enjoy every Ash Borer; Quarantined Areas; Michigan’’ (Docket No. APHIS–2006–0131) received on ployees that he managed and with day. I hope my colleagues will join me February 5, 2007; to the Committee on Agri- whom he worked. He is an honest, in thanking my friend Beasor Walker culture, Nutrition, and Forestry. straightforward individual who did not for his service to our Nation and to the EC–593. A communication from the Prin- shy away from challenges and difficult State of Alabama.∑ cipal Deputy Associate Administrator, Office issues but, rather, sought the middle f of Policy, Economics and Innovation, Envi- ground of compromise while always ronmental Protection Agency, transmitting, MESSAGE FROM THE HOUSE championing progress and better serv- pursuant to law, the report of a rule entitled ‘‘Avermectin; Pesticide Tolerances for Emer- ice. At 11:29 a.m., a message from the House of Representatives, delivered by gency Exemptions’’ (FRL No. 8110–8) received From his work on implementing the on February 5, 2007; to the Committee on Ag- gargantuan task of modernizing Fed- Ms. Niland, one of its reading clerks, riculture, Nutrition, and Forestry. eral telecommunications to his per- announced that the House has passed EC–594. A communication from the Prin- sonal crusade of making sure each and the following bills, in which it requests cipal Deputy Associate Administrator, Office every Federal worker was treated with the concurrence of the Senate: of Policy, Economics and Innovation, Envi- respect and provided opportunities for H.R. 433. An act to designate the facility of ronmental Protection Agency, transmitting, advancement, Marty Wagner has al- the United States Postal Service located at pursuant to law, the report of a rule entitled ways proved to be a capable and inno- 1700 Main Street in Little Rock, Arkansas, ‘‘Tris (2-ethylhexyl) Phosphate; Exemption from the Requirement of a Tolerance’’ (FRL vative leader. When we think of a gov- as the ‘‘Scipio A. Jones Post Office Build- ing’’. No. 8112–2) received on February 5, 2007; to ernment that is more efficient and ef- H.R. 514. An act to designate the facility of the Committee on Agriculture, Nutrition, fective, we need to pay our thanks to the United States Postal Service located at and Forestry. the good work of Deputy Commissioner 16150 Aviation Loop Drive in Brooksville, EC–595. A communication from the Sec- Wagner. Florida, as the ‘‘Sergeant Lea Robert Mills retary of the Air Force, transmitting, pursu- I am sure that Marty’s retirement Brooksville Aviation Branch Post Office’’. ant to law, a report relative to an Average from the Federal Government will not H.R. 577. An act to designate the facility of Procurement Unit Cost and a Program Ac- be the last we hear of him. Such an ac- the United States Postal Service located at quisition Unit Cost breach; to the Com- mittee on Armed Services. tive, well-rounded, intelligent indi- 3903 South Congress Avenue in Austin, Texas, as the ‘‘Sergeant Henry Ybarra III EC–596. A communication from the Deputy vidual is not going to just while away Post Office Building’’ . Secretary of Defense, transmitting, pursuant the hours but, rather, seek out new The message also announced that the to law, the Defense Advanced Research challenges and opportunities to help Projects Agency’s biennial strategic plan; to House has agreed to the following con- his country and fellow citizens. the Committee on Armed Services. current resolution, in which it requests G. Martin Wagner and his good work EC–597. A communication from the Prin- the concurrence of the Senate: will be missed but not forgotten.∑ cipal Deputy Associate Administrator, Office H. Con. Res. 35. Concurrent resolution sup- of Policy, Economics and Innovation, Envi- f porting the goals and ideals of National ronmental Protection Agency, transmitting, TRIBUTE IN HONOR OF BEASOR Black HIV/AIDS Awareness Day. pursuant to law, the report of a rule entitled WALKER f ‘‘Approval and Promulgation of Air Quality Implementation Plans; State of Utah; Ad- ∑ Mr. SHELBY. Mr. President, today I MEASURES REFERRED ministrative Procedures’’ (FRL No . 8275–2) honor Mr. Beasor Walker, who has The following bills were read the first received on February 5, 2007; to the Com- lived a life of great service to our Na- and the second times by unanimous mittee on Agriculture, Nutrition, and For- estry. tion and to my hometown of Tusca- consent, and referred as indicated: loosa, AL. EC–598. A communication from the Admin- H.R. 433. An act to designate the facility of istrator, General Services Administration, Beasor was a celebrated soldier in the the United States Postal Service located at Second World War, where he fought in transmitting, pursuant to law, the Adminis- 1700 Main Street in Little Rock, Arkansas, tration’s Performance and Accountability the June 6, 1944, Invasion of Normandy. as the ‘‘Scipio A. Jones Post Office Build- Report for fiscal year 2006; to the Committee Despite a wound to his side, Beasor ing’’; to the Committee on Homeland Secu- on Homeland Security and Governmental Af- stayed with his unit during the dura- rity and Governmental Affairs. fairs. tion of the fight and was promoted to H.R. 514. An act to designate the facility of EC–599. A communication from the Senior company commander. Wounded again, the United States Postal Service located at Counsel, Federal Bureau of Investigation, he returned to his unit a second time 16150 Aviation Loop Drive in Brooksville, Department of Justice, transmitting, pursu- Florida, as the ‘‘Sergeant Lea Robert Mills ant to law, the report of a rule entitled ‘‘Im- in order to fight against the Nazis in Brooksville Aviation Branch Post Office’’; to the December 1944 Battle of the Bulge. plementation of the Private Security Officer the Committee on Homeland Security and Employment Authorization Act of 2004’’ It was during this offensive that he Governmental Affairs. (RIN1110–AA23) received on February 5, 2007; earned the Distinguished Service Cross, H.R. 577. An act to designate the facility of to the Committee on the Judiciary. two Silver Stars, three Bronze Stars, the United States Postal Service located at EC–600. A communication from the Chair- and two Purple Hearts. After 27 years 3903 South Congress Avenue in Austin, man, Federal Election Commission, trans- of distinguished service to the U.S. Texas, as the ‘‘Sergeant Henry Ybarra III mitting, pursuant to law, a report relative to Army, including time at Fort Jackson, Post Office Building’’; to the Committee on its budget request for fiscal year 2008; to the Homeland Security and Governmental Af- Committee on Rules and Administration. where he trained replacement troops fairs. for the Korean War, Beasor retired as a EC–601. A communication from the Legal The following concurrent resolution Advisor, Wireless Telecommunications Bu- colonel. was read, and referred as indicated: reau Broadband Division, Federal Commu- A graduate of the University of Ala- nications Commission, transmitting, pursu- bama, Beasor was elected sheriff of H. Con. Res. 35. Concurrent resolution supporting the goals and ideals of National ant to law, the report of a rule entitled ‘‘Re- Tuscaloosa County in 1970. He served as Black HIV/AIDS Awareness Day; to the Com- channelization of the 17.7–19.7 GHz Fre- sheriff until 1991, and during his mittee on Health, Education, Labor, and quency Band for Fixed Microwave Services lengthy tenure he was able to greatly Pensions. Under Part 101 of the Commission’s Rules’’ (WT Docket No. 04–143) received on February improve Tuscaloosa County. Beasor is f responsible for integrating the Sher- 5, 2007; to the Committee on Commerce, Science, and Transportation. iff’s Department, streamlining the EXECUTIVE AND OTHER COMMUNICATIONS EC–602. A communication from the Chief of homicide squads, and extensively Staff, Wireless Telecommunications Bureau, working to improve the Alabama Boys’ The following communications were Federal Communications Commission, trans- and Girls’ Ranch. Beasor has been in- laid before the Senate, together with mitting, pursuant to law, the report of a rule

VerDate Aug 31 2005 03:26 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.020 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1622 CONGRESSIONAL RECORD — SENATE February 6, 2007 entitled ‘‘Amendment of Part 97 of the Com- entitled ‘‘Airworthiness Directives; Sikorsky 800XP, and 1000 Airplanes’’ ((RIN2120– mission’s Rules to Implement WRC–03 Regu- Aircraft Corporation Model S–92A Heli- AA64)(Docket No. 2006–NM–118)) received on lations in WT Docket No. 05–235’’ (FCC 06- copters’’ ((RIN2120–AA64)(Docket No. 2006– February 2, 2007; to the Committee on Com- 178) received on February 5, 2007; to the Com- SW–03)) received on February 2, 2007; to the merce, Science, and Transportation. mittee on Commerce, Science, and Transpor- Committee on Commerce, Science, and EC–620. A communication from the Pro- tation. Transportation. gram Analyst, Federal Aviation Administra- EC–603. A communication from the Attor- EC–612. A communication from the Pro- tion, Department of Transportation, trans- ney Advisor, Wireline Competition Bureau, gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule Federal Communications Commission, trans- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Eurocopter France Model AS355E, F, F1, F2, entitled ‘‘Petition of Mid-Rivers Telephone entitled ‘‘Airworthiness Directives; Gulf- and N Helicopters’’ ((RIN2120–AA64)(Docket Cooperative, Incorporated for Order Declar- stream Aerospace LP Model Galaxy and No. 2003–SW–10)) received on February 2, ing it to be an Incumbent Local Exchange Model Gulfstream 200 Airplanes’’ ((RIN2120– 2007; to the Committee on Commerce, Carrier in Terry, Montana Pursuant to Sec- AA64)(Docket No. 2005–NM–175)) received on Science, and Transportation. tion 251(h)(2)’’ (FCC 06–132) received on Feb- February 2, 2007; to the Committee on Com- EC–621. A communication from the Pro- ruary 5, 2007; to the Committee on Com- merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. EC–613. A communication from the Pro- tion, Department of Transportation, trans- EC–604. A communication from the Legal gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule Advisor to the Chief, Media Bureau, Federal tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Communications Commission, transmitting, mitting, pursuant to law, the report of a rule Eurocopter France Model EC130 B4 Heli- pursuant to law, the report of a rule entitled entitled ‘‘Airworthiness Directives; Honey- copters’’ ((RIN2120–AA64)(Docket No. 2005– ‘‘Amendment of Section 73.202(b), Table of well International Inc. T5311A, T5311B, SW–41)) received on February 2, 2007; to the Allotments, FM Broadcast Stations T5313B, T5317A, T5317A–1, and T5317B Series Committee on Commerce, Science, and (Hennessey, Oklahoma)’’ (MB Docket No. 05– Turboshaft Engines and Lycoming Former Transportation. 85) received on February 5, 2007; to the Com- Military T53–L–11B, T53–L–11D, T53–L–13B, EC–622. A communication from the Pro- mittee on Commerce, Science, and Transpor- T53–L–13B/D, and T53–L–703 Series Turbo- gram Analyst, Federal Aviation Administra- tation. shaft Engines’’ ((RIN2120–AA64)(Docket No. tion, Department of Transportation, trans- EC–605. A communication from the Legal 98–ANE–72)) received on February 2, 2007; to mitting, pursuant to law, the report of a rule Advisor to the Chief, Media Bureau, Federal the Committee on Commerce, Science, and entitled ‘‘Modification of Class E Airspace; Communications Commission, transmitting, Transportation. Keokuk Municipal Airport, IA’’ ((RIN2120– pursuant to law, the report of a rule entitled EC–614. A communication from the Pro- AA66)(Docket No. 06–ACE–7)) received on ‘‘Amendment of Section 73.202(b), Table of gram Analyst, Federal Aviation Administra- February 2, 2007; to the Committee on Com- Allotments, FM Broadcast Stations (Opelika tion, Department of Transportation, trans- merce, Science, and Transportation. and Waverly, Alabama, and Amyrna, Geor- mitting, pursuant to law, the report of a rule EC–623. A communication from the Pro- gia)’’ (MB Docket No. 05–79) received on Feb- entitled ‘‘Airworthiness Directives; Bell Hel- gram Analyst, Federal Aviation Administra- ruary 5, 2007; to the Committee on Com- icopter Textron Canada Model 222, 222B, tion, Department of Transportation, trans- merce, Science, and Transportation. 222U, 230, and 430 Helicopters’’ ((RIN2120– mitting, pursuant to law, the report of a rule EC–606. A communication from the Legal AA64)(Docket No. 2006–SW–12)) received on entitled ‘‘Revision of Class E Airspace; Advisor to the Chief, Media Bureau, Federal February 2, 2007; to the Committee on Com- Huslia, AK’’ ((RIN2120–AA66)(Docket No. 06– Communications Commission, transmitting, merce, Science, and Transportation. AAL–13)) received on February 2, 2007; to the pursuant to law, the report of a rule entitled EC–615. A communication from the Pro- Committee on Commerce, Science, and ‘‘Amendment of Section 73.202(b), Table of gram Analyst, Federal Aviation Administra- Transportation. Allotments, FM Broadcast Stations (Hale tion, Department of Transportation, trans- EC–624. A communication from the Pro- Center, Texas)’’ (MB Docket No. 05–114) re- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- ceived on February 5, 2007; to the Committee entitled ‘‘Airworthiness Directives; Airbus tion, Department of Transportation, trans- on Commerce, Science, and Transportation. Model A319, A320, and A321 Airplanes’’ mitting, pursuant to law, the report of a rule EC–607. A communication from the Legal ((RIN2120–AA64)(Docket No. 2006–NM–011)) entitled ‘‘Modification of Legal Description Advisor to the Chief, Media Bureau, Federal received on February 2, 2007; to the Com- of Class D and E Airspace; Fairbanks, Fort Communications Commission, transmitting, mittee on Commerce, Science, and Transpor- Wainwright Army Airfield, AK’’ ((RIN2120– pursuant to law, the report of a rule entitled tation. AA66)(Docket No. 06–AAL–16)) received on ‘‘Amendment of Section 73.202(b), Table of EC–616. A communication from the Pro- February 2, 2007; to the Committee on Com- Allotments, FM Broadcast Stations (Colum- gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. bus, Indiana)’’ (MB Docket No. 05–238) re- tion, Department of Transportation, trans- EC–625. A communication from the Pro- ceived on February 5, 2007; to the Committee mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- on Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives; Boeing tion, Department of Transportation, trans- EC–608. A communication from the Sec- Model 737–100, –200, –200C, –300, –400, and –500 mitting, pursuant to law, the report of a rule retary of the Federal Trade Commission, Series Airplanes’’ ((RIN2120–AA64)(Docket entitled ‘‘Modification of VOR Federal Air- transmitting, pursuant to law, the report of No. 2006–NM–109)) received on February 2, ways; and Establishment of Area Navigation a rule entitled ‘‘Commission Reporting Re- 2007; to the Committee on Commerce, Route; NC’’ ((RIN2120–AA66)(Docket No. 06– quirements Under Section 8 of the Clayton Science, and Transportation. ASO–1)) received on February 2, 2007; to the Act, 15 U.S.C. Sec. 19(a)5’’ (Billing Code 6750– EC–617. A communication from the Pro- Committee on Commerce, Science, and 01P) received on February 5, 2007; to the gram Analyst, Federal Aviation Administra- Transportation. Committee on Commerce, Science, and tion, Department of Transportation, trans- EC–626. A communication from the Pro- Transportation. mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- EC–609. A communication from the Deputy entitled ‘‘Airworthiness Directives; General tion, Department of Transportation, trans- Bureau Chief, Public Safety and Homeland Electric Company CF6 Series Turbofan En- mitting, pursuant to law, the report of a rule Security Bureau, Federal Communications gines’’ ((RIN2120–AA64)(Docket No. 95–ANE– entitled ‘‘Establishment of Area Navigation Commission, transmitting, pursuant to law, 10)) received on February 2, 2007; to the Com- Instrument Flight Rules Terminal Transi- the report of a rule entitled ‘‘Communica- mittee on Commerce, Science, and Transpor- tion Route T–210; Jacksonville, FL’’ tions Assistance for Law Enforcement Act tation. ((RIN2120–AA66)(Docket No. 05–ASO–10)) re- and Broadband Access and Services’’ (ET EC–618. A communication from the Pro- ceived on February 2, 2007; to the Committee Docket No. 04–295) received on February 5, gram Analyst, Federal Aviation Administra- on Commerce, Science, and Transportation. 2007; to the Committee on Commerce, tion, Department of Transportation, trans- EC–627. A communication from the Pro- Science, and Transportation. mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- EC–610. A communication from the Attor- entitled ‘‘Airworthiness Directives; Bom- tion, Department of Transportation, trans- ney, Pipeline and Hazardous Materials Safe- bardier Model CL–600–2B19 Airplanes’’ mitting, pursuant to law, the report of a rule ty Administration, Department of Transpor- ((RIN2120–AA64)(Docket No. 2004–NM–176)) entitled ‘‘Establishment of High Altitude tation, transmitting, pursuant to law, the re- received on February 2, 2007; to the Com- Area Navigation Routes; South Central port of a rule entitled ‘‘Hazardous Materials: mittee on Commerce, Science, and Transpor- United States’’ ((RIN2120–AA66)(Docket No. Transportation of Oxygen Cylinders and Ox- tation. 05–ASO–7)) received on February 2, 2007; to ygen Generators Aboard Aircraft’’ (RIN2137– EC–619. A communication from the Pro- the Committee on Commerce, Science, and AD33) received on February 2, 2007; to the gram Analyst, Federal Aviation Administra- Transportation. Committee on Commerce, Science, and tion, Department of Transportation, trans- EC–628. A communication from the Pro- Transportation. mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- EC–611. A communication from the Pro- entitled ‘‘Airworthiness Directives; tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- Raytheon Model HS.125 Series 700A and 700B mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- Airplanes; Model BAe.125 Series 800A, 800B, entitled ‘‘Airworthiness Directives; Boeing mitting, pursuant to law, the report of a rule 1000A, and 1000B Airplanes; and Hawker 800, Model 757–200 Series Airplanes Modified by

VerDate Aug 31 2005 03:26 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.006 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1623 Supplemental Type Certificate SA979NE’’ EC–638. A communication from the Pro- entitled ‘‘Revision of Class E Airspace; ((RIN2120–AA64)(Docket No. 2006–NM–099)) gram Analyst, Federal Aviation Administra- Homer , AK’’ ((RIN2120–AA66)(Docket No. 06– received on February 2, 2007; to the Com- tion, Department of Transportation, trans- AAL–25)) received on February 2, 2007; to the mittee on Commerce, Science, and Transpor- mitting, pursuant to law, the report of a rule Committee on Commerce, Science, and tation. entitled ‘‘Airworthiness Directives; McDon- Transportation. EC–629. A communication from the Pro- nell Douglas Model DC–9–10, DC–9–20, DC–9– EC–647. A communication from the Pro- gram Analyst, Federal Aviation Administra- 30, DC–9–40, and DC–9–50 Series Airplanes; gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- Model DC–9–81, DC–9–82, DC–9–83, and DC–9–87 tion, Department of Transportation, transmitting, pursuant to law, the report of a rule Airplanes; Model MD–88 Airplanes; Model mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Pratt MD–90–30 Airplanes; and Model 717–200 Air- entitled ‘‘Revision of Class E Airspace; Ko- and Whitney Canada PW535A Turboshaft En- planes’’ ((RIN2120–AA64)(Docket No. 2005– diak, AK’’ ((RIN2120–AA66)(Docket No. 06– gines’’ ((RIN2120–AA64)(Docket No. 2006–NE– NM–001)) received on February 2, 2007; to the AAL–26)) received on February 2, 2007; to the 07)) received on February 2, 2007; to the Com- Committee on Commerce, Science, and Committee on Commerce, Science, and mittee on Commerce, Science, and Transpor- Transportation. Transportation. tation. EC–639. A communication from the Pro- EC–648. A communication from the Pro- EC–630. A communication from the Pro- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, transmitting, pursuant to law, the report of a rule tion, Department of Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Revision of Class E Airspace; St. mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; BAE Michael, AK’’ ((RIN2120–AA66)(Docket No. entitled ‘‘Airworthiness Directives; Air Trac- Systems Limited Model BAe 146 Airplanes tor, Inc. Model AT–501 Airplanes’’ ((RIN2120– 06–AAL–27)) received on February 2, 2007; to and Model Avro 146–RJ Airplanes’’ ((RIN2120– the Committee on Commerce, Science, and AA64)(Docket No. 2006–CE–06)) received on AA64)(Docket No. 2005–NM–212)) received on February 2, 2007; to the Committee on Com- Transportation. February 2, 2007; to the Committee on Com- EC–649. A communication from the Pro- merce, Science, and Transportation. merce, Science, and Transportation. EC–631. A communication from the Pro- gram Analyst, Federal Aviation Administra- EC–640. A communication from the Pro- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, transmitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- entitled ‘‘Revision of Class E Airspace; Tok mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Junction, AK’’ ((RIN2120–AA66)(Docket No. entitled ‘‘Airworthiness Directives; Boeing 06–AAL–28)) received on February 2, 2007; to BURKHART GROB LUFT–UND– Model 767–200, –300, and –300F Series Air- RAUMFAHRT GmbH and Co. KG, Model G the Committee on Commerce, Science, and planes’’ ((RIN2120–AA64)(Docket No. 2005– 103 C Twin III SL Sailplanes’’ ((RIN2120– Transportation. NM–099)) received on February 2, 2007; to the AA64)(Docket No. 2005–CE–16)) received on EC–650. A communication from the Pro- Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- February 2, 2007; to the Committee on Com- Transportation. tion, Department of Transportation, trans- merce, Science, and Transportation. EC–641. A communication from the Pro- EC–632. A communication from the Pro- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- entitled ‘‘Establishment of Restricted Area tion, Department of Transportation, trans- tion, Department of Transportation, trans- 5601F; Fort Sill, OK’’ ((RIN2120– mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule AA66)(Docket No. 05–ASW–3)) received on entitled ‘‘Airworthiness Directives; Saab entitled ‘‘Standard Instrument Approach February 2, 2007; to the Committee on Com- Model SAAB–Fairchild SF340A and SAAB merce, Science, and Transportation. Procedures (53)’’ ((RIN2120–AA65)(Amdt. No. EC–651. A communication from the Pro- 3172)) received on February 2, 2007; to the 340B Airplanes’’ ((RIN2120–AA64)(Docket No. gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and 2005–NM–235)) received on February 2, 2007; to the Committee on Commerce, Science, and tion, Department of Transportation, trans- Transportation. mitting, pursuant to law, the report of a rule EC–633. A communication from the Pro- Transportation. entitled ‘‘Establishment of Class D Airspace; gram Analyst, Federal Aviation Administra- EC–642. A communication from the Pro- Castle Airport, Atwater, CA’’ ((RIN2120– tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- AA66)(Docket No. 06–AWP–15)) received on mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- February 2, 2007; to the Committee on Com- entitled ‘‘Standard Instrument Approach mitting, pursuant to law, the report of a rule merce, Science, and Transportation. Procedures (33)’’ ((RIN2120–AA65)(Amdt. No. entitled ‘‘Airworthiness Directives; Airbus Model A319–100, A320–200, A321–100, and A321– EC–652. A communication from the Pro- 3167)) received on February 2, 2007; to the gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and 200 Series Airplanes’’ ((RIN2120– AA64)(Docket No. 2005–NM–087)) received on tion, Department of Transportation, trans- Transportation. mitting, pursuant to law, the report of a rule EC–634. A communication from the Pro- February 2, 2007; to the Committee on Com- merce, Science, and Transportation. entitled ‘‘Establishment of Alaskan High Al- gram Analyst, Federal Aviation Administra- titude Reporting Points; AK’’ ((RIN2120– tion, Department of Transportation, trans- EC–643. A communication from the Pro- gram Analyst, Federal Aviation Administra- AA66)(Docket No. 06–AAL–36)) received on mitting, pursuant to law, the report of a rule February 2, 2007; to the Committee on Com- entitled ‘‘Standard Instrument Approach tion, Department of Transportation, transmitting, pursuant to law, the report of a rule merce, Science, and Transportation. Procedures (11)’’ ((RIN2120–AA65)(Amdt. No. EC–653. A communication from the Pro- entitled ‘‘Airworthiness Directives; Bom- 3166)) received on February 2, 2007; to the gram Analyst, Federal Aviation Administra- bardier Model CL–600–2B19 Airplanes’’ Committee on Commerce, Science, and tion, Department of Transportation, trans- Transportation. ((RIN2120–AA64)(Docket No. 2005–NM–215)) mitting, pursuant to law, the report of a rule EC–635. A communication from the Pro- received on February 2, 2007; to the Com- entitled ‘‘Re-Designation of VOR Federal gram Analyst, Federal Aviation Administra- mittee on Commerce, Science, and Transpor- Airway V–431; Alaska’’ ((RIN2120– tion, Department of Transportation, trans- tation. AA66)(Docket No. 06–AAL–18)) received on mitting, pursuant to law, the report of a rule EC–644. A communication from the Pro- February 2, 2007; to the Committee on Com- entitled ‘‘Part 95 Instrument Flight Rules gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. (27)’’ ((RIN2120–AA63)(Amdt. No. 461)) re- tion, Department of Transportation, trans- EC–654. A communication from the Pro- ceived on February 2, 2007; to the Committee mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- on Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives; Boeing tion, Department of Transportation, trans- EC–636. A communication from the Pro- Model 747–200B, 747–200C, 747–200F, 747–300, mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- 747–400, and 747SP Series Airplanes’’ entitled ‘‘Revision of Class E Airspace; tion, Department of Transportation, trans- ((RIN2120–AA64)(Docket No. 2005–NM–223)) Sheridan, WY’’ ((RIN2120–AA66)(Docket No. mitting, pursuant to law, the report of a rule received on February 2, 2007; to the Com- 06–ANM–4)) received on February 2, 2007; to entitled ‘‘Modification of Class E Airspace; mittee on Commerce, Science, and Transpor- the Committee on Commerce, Science, and Scottsbluff, Western Nebraska Regional Air- tation. Transportation. port/William B. Heilig Field, NE’’ ((RIN2120– EC–645. A communication from the Pro- EC–655. A communication from the Pro- AA66)(Docket No. 06–ACE–5)) received on gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- February 2, 2007; to the Committee on Com- tion, Department of Transportation, trans- tion, Department of Transportation, trans- merce, Science, and Transportation. mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule EC–637. A communication from the Pro- entitled ‘‘Revision of Class E Airspace; Per- entitled ‘‘Change of Using Agency for Re- gram Analyst, Federal Aviation Administra- ryville, AK’’ ((RIN2120–AA66)(Docket No. 06– stricted Area R2202; Big Delta, AK’’ tion, Department of Transportation, trans- AAL–15)) received on February 2, 2007; to the ((RIN2120–AA66)(Docket No. 06–AAL–33)) re- mitting, pursuant to law, the report of a rule Committee on Commerce, Science, and ceived on February 2, 2007; to the Committee entitled ‘‘Establishment of Class D Airspace; Transportation. on Commerce, Science, and Transportation. Eastman, GA; Correction’’ ((RIN2120– EC–646. A communication from the Pro- EC–656. A communication from the Pro- AA66)(Docket No. 06–ASO–9)) received on gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- February 2, 2007; to the Committee on Com- tion, Department of Transportation, trans- tion, Department of Transportation, trans- merce, Science, and Transportation. mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule

VerDate Aug 31 2005 03:26 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.008 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1624 CONGRESSIONAL RECORD — SENATE February 6, 2007 entitled ‘‘Change of Controlling Agency and tion, Department of Transportation, trans- tion, Department of Transportation, trans- Using Agency for Restricted Area R–6608A, mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule B, and C; Quantico, VA’’ ((RIN2120– entitled ‘‘Standard Instrument Approach entitled ‘‘Airworthiness Directives; Boeing AA66)(Docket No. 06–ASO–12)) received on Procedures (45)’’ ((RIN2120–AA65)(Amdt. No. Model 767 Airplanes’’ ((RIN2120– February 2, 2007; to the Committee on Com- 3198)) received on February 2, 2007; to the AA64)(Docket No. 2006–NM–093)) received on merce, Science, and Transportation. Committee on Commerce, Science, and February 2, 2007; to the Committee on Com- EC–657. A communication from the Pro- Transportation. merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- EC–667. A communication from the Pro- EC–676. A communication from the Pro- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- tion, Department of Transportation, trans- entitled ‘‘Establishment of Class E Airspace; mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Kokhanok, AK’’ ((RIN2120–AA66)(Docket No. entitled ‘‘Standard Instrument Approach entitled ‘‘Airworthiness Directives; Airbus 06–AAL–19)) received on February 2, 2007; to Procedures (31)’’ ((RIN2120–AA65)(Amdt. No. Model A300 Airplanes’’ ((RIN2120– the Committee on Commerce, Science, and 3199)) received on February 2, 2007; to the AA64)(Docket No. 2006–NM–143)) received on Transportation. Committee on Commerce, Science, and February 2, 2007; to the Committee on Com- EC–658. A communication from the Pro- Transportation. merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- EC–668. A communication from the Pro- EC–677. A communication from the Pro- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- tion, Department of Transportation, trans- entitled ‘‘Revision of Class E Airspace; mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Iliamna, AK’’ ((RIN2120–AA66)(Docket No. entitled ‘‘Modification of the Class B Air- entitled ‘‘Airworthiness Directives; Gulf- 06–AAL–21)) received on February 2, 2007; to space Area; Atlanta, GA’’ ((RIN2120– stream Model G–159 Airplanes’’ ((RIN2120– the Committee on Commerce, Science, and AA66)(Docket No. 06–AWA–1)) received on AA64)(Docket No. 96–NM–143)) received on Transportation. February 2, 2007; to the Committee on Com- February 2, 2007; to the Committee on Com- EC–659. A communication from the Pro- merce, Science, and Transportation. merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- EC–669. A communication from the Pro- EC–678. A communication from the Pro- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- tion, Department of Transportation, trans- entitled ‘‘Removal of Class E Airspace; Cedar mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Springs, GA’’ ((RIN2120–AA66)(Docket No. 06– entitled ‘‘Airworthiness Directives; Hartzell entitled ‘‘Part 95 Instrument Flight Rules ASO–15)) received on February 2, 2007; to the Propeller Inc. Propellers and McCauley Pro- (28)’’ ((RIN2120–AA63)(Amdt. No. 465)) re- Committee on Commerce, Science, and peller Systems Controllable Propellers’’ ceived on February 2, 2007; to the Committee Transportation. ((RIN2120–AA64)(Docket No. 2005–NE–01)) re- on Commerce, Science, and Transportation. EC–660. A communication from the Pro- ceived on February 2, 2007; to the Committee EC–679. A communication from the Pro- gram Analyst, Federal Aviation Administra- on Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- EC–670. A communication from the Pro- tion, Department of Transportation, trans- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- entitled ‘‘Revision of Class E Airspace; Hoo- entitled ‘‘Establishment of Class D Airspace; mitting, pursuant to law, the report of a rule per Bay, AK’’ ((RIN2120–AA66)(Docket No. 06– Ft. Riley, KS’’ ((RIN2120–AA66)(Docket No. entitled ‘‘Airworthiness Directives; Pilatus AAL–14)) received on February 2, 2007; to the 06–ACE–9)) received on February 2, 2007; to Aircraft Ltd. Model PC–7 Airplanes’’ Committee on Commerce, Science, and the Committee on Commerce, Science, and ((RIN2120–AA64)(Docket No. 2006–CE–42)) re- Transportation. Transportation. ceived on February 2, 2007; to the Committee EC–661. A communication from the Pro- EC–680. A communication from the Pro- on Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- EC–671. A communication from the Pro- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, transmitting, pursuant to law, the report of a rule tion, Department of Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Part 95 Instrument Flight Rules mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Empresa (23)’’ ((RIN2120–AA63)(Amdt. No. 464)) re- entitled ‘‘Airworthiness Directives; Pratt Brasileira de Aeronautica S.A. Model EMB– ceived on February 2, 2007; to the Committee and Whitney PW4074, PW4074D, PW4077, 135ER and –135KE Airplanes; and Model on Commerce, Science, and Transportation. PW4077D, PW4084D, PW4090, PW4090–3, and EMB–145, –145ER, –145MR, –145MP, and EC–662. A communication from the Pro- PW4098 and Turbofan Engines’’ ((RIN2120– –145EP Airplanes’’ ((RIN2120–AA64)(Docket gram Analyst, Federal Aviation Administra- AA64)(Docket No. 2006–NE–13)) received on No. 2006–NM–095)) received on February 2, tion, Department of Transportation, trans- February 2, 2007; to the Committee on Com- 2007; to the Committee on Commerce, mitting, pursuant to law, the report of a rule merce, Science, and Transportation. Science, and Transportation. entitled ‘‘Standard Instrument Approach EC–672. A communication from the Pro- EC–681. A communication from the Pro- Procedures (15)’’ ((RIN2120–AA65)(Amdt. No. gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- 3195)) received on February 2, 2007; to the tion, Department of Transportation, trans- tion, Department of Transportation, trans- Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Transportation. entitled ‘‘Airworthiness Directives; McDon- entitled ‘‘Airworthiness Directives; Fokker EC–663. A communication from the Pro- nell Douglas Model DC–9–10 Series Airplanes; Model F27 Mark 500 Airplanes’’ ((RIN2120– gram Analyst, Federal Aviation Administra- DC–9–20 Series Airplanes; DC–9–30 Series Air- AA64)(Docket No. 2006–NM–019)) received on tion, Department of Transportation, trans- planes; DC–9–40 Series Airplanes; and DC–9– February 2, 2007; to the Committee on Com- mitting, pursuant to law, the report of a rule 50 Series Airplanes’’ ((RIN2120–AA64)(Docket merce, Science, and Transportation. entitled ‘‘Standard Instrument Approach No. 2002–NM–349)) received on February 2, EC–682. A communication from the Pro- Procedures (46)’’ ((RIN2120–AA64)(Amdt. No. 2007; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- 3192)) received on February 2, 2007; to the Science, and Transportation. tion, Department of Transportation, trans- Committee on Commerce, Science, and EC–673. A communication from the Pro- mitting, pursuant to law, the report of a rule Transportation. gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; McDon- EC–664. A communication from the Pro- tion, Department of Transportation, trans- nell Douglas Model MD–11F Airplanes’’ gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule ((RIN2120–AA64)(Docket No. 2006–NM–220)) tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Cirrus received on February 2, 2007; to the Com- mitting, pursuant to law, the report of a rule Design Corporation Models SR20 and SR22 mittee on Commerce, Science, and Transpor- entitled ‘‘Standard Instrument Approach Airplanes’’ ((RIN2120–AA64)(Docket No. 2006– tation. Procedures (113)’’ ((RIN2120–AA65)(Amdt. No. CE–14)) received on February 2, 2007; to the EC–683. A communication from the Pro- 3196)) received on February 2, 2007; to the Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and Transportation. tion, Department of Transportation, trans- Transportation. EC–674. A communication from the Pro- mitting, pursuant to law, the report of a rule EC–665. A communication from the Pro- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Lock- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- heed Model L–1011 Series Airplanes’’ tion, Department of Transportation, transmitting, pursuant to law, the report of a rule ((RIN2120–AA64)(Docket No. 2006–NM–123)) mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Empresa received on February 2, 2007; to the Com- entitled ‘‘Standard Instrument Approach Brasileira de Aeronautica S.A. Model EMB– mittee on Commerce, Science, and Transpor- Procedures (22)’’ ((RIN2120–AA65)(Amdt No. 135BJ and EMB–145XR Airplanes’’ ((RIN2120– tation. 3197)) received on February 2 , 2007; to the AA64)(Docket No. 2004–NM–36)) received on EC–684. A communication from the Pro- Committee on Commerce, Science, and February 2, 2007; to the Committee on Com- gram Analyst, Federal Aviation Administra- Transportation. merce, Science, and Transportation. tion, Department of Transportation, trans- EC–666. A communication from the Pro- EC–675. A communication from the Pro- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; BAE

VerDate Aug 31 2005 04:34 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.011 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1625 Systems Limited Model BAe 146 and Avro entitled ‘‘Establishment of Class D Airspace; AA64)(Docket No. 2006–NM–075)) received on 146–RJ Airplanes’’ ((RIN2120–AA64)(Docket Heart of Georgia Regional Airport, Eastman, February 2, 2007; to the Committee on Com- No. 2006–NM–137)) received on February 2, GA’’ ((RIN2120–AA66)(Docket No. 06–ASO–9)) merce, Science, and Transportation. 2007; to the Committee on Commerce, received on February 2, 2007; to the Com- EC–703. A communication from the Pro- Science, and Transportation. mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- EC–685. A communication from the Pro- tation. tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- EC–694. A communication from the Pro- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Boeing mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- Model 747 Airplanes’’ ((RIN2120– entitled ‘‘Airworthiness Directives; Boeing mitting, pursuant to law, the report of a rule AA64)(Docket No. 2005–NM–205)) received on Model 747–100, 747–100B, 747–100B SUD, 747– entitled ‘‘Amendment to Jet Route and Col- February 2, 2007; to the Committee on Com- 200B, 747–300, 747–400, 747–400D, and 747SR Se- ored Federal Airways; Alaska’’ ((RIN2120– merce, Science, and Transportation. ries Airplanes’’ ((RIN2120–AA64)(Docket No. AA66)(Docket No. 06–AAL–32)) received on EC–704. A communication from the Pro- 2006–NM–116)) received on February 2, 2007; to February 2, 2007; to the Committee on Com- gram Analyst, Federal Aviation Administra- the Committee on Commerce, Science, and merce, Science, and Transportation. tion, Department of Transportation, trans- Transportation. EC–695. A communication from the Pro- mitting, pursuant to law, the report of a rule EC–686. A communication from the Pro- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- Turbomeca Turmo IV A and IV C Series Tur- tion, Department of Transportation, transmitting, pursuant to law, the report of a rule boshaft Engines’’ ((RIN2120–AA64)(Docket mitting, pursuant to law, the report of a rule entitled ‘‘Establishment of Class E Airspace; No. 99–NE–12)) received on February 2, 2007; entitled ‘‘Airworthiness Directives; Boeing Bethel Regional Airport, ME’’ ((RIN2120– to the Committee on Commerce, Science, Model 747 Airplanes’’ ((RIN2120– AA66)(Docket No. 06–ANE–02)) received on and Transportation. AA64)(Docket No. 2006–NM–234)) received on February 2, 2007; to the Committee on Com- EC–705. A communication from the Pro- February 2, 2007; to the Committee on Com- merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. EC–696. A communication from the Pro- tion, Department of Transportation, trans- EC–687. A communication from the Pro- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; BAE tion, Department of Transportation, transmitting, pursuant to law, the report of a rule Systems Limited Model BAe 146 and Avro mitting, pursuant to law, the report of a rule entitled ‘‘Establishment of Class E Airspace; 146–RJ Airplanes’’ ((RIN2120–AA64)(Docket entitled ‘‘Airworthiness Directives; Airbus Newton Field, ME’’ ((RIN2120–AA66)(Docket No. 2006–NM–136)) received on February 2, Model A330–200, A330–300, A340–200, and A340– No. 06–ANE–01)) received on February 2, 2007; 2007; to the Committee on Commerce, 300 Series Airplanes’’ ((RIN2120– to the Committee on Commerce, Science, Science, and Transportation. AA64)(Docket No. 2001–NM–381)) received on and Transportation. EC–706. A communication from the Pro- February 2, 2007; to the Committee on Com- EC–697. A communication from the Pro- gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- EC–688. A communication from the Pro- tion, Department of Transportation, transmitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Rolls- tion, Department of Transportation, trans- entitled ‘‘Revision to Class E Airspace; Royce, plc RB211 Trent 768–60, 772–60, and mitting, pursuant to law, the report of a rule Mountain Home, ID’’ ((RIN2120– 772B–60 Turbofan Engines’’ ((RIN2120– entitled ‘‘Airworthiness Directives; Air Trac- AA66)(Docket No. 06–AWP–4)) received on AA64)(Docket No. 2006–NE–30)) received on tor, Inc. Model AT–602 Airplanes’’ ((RIN2120– February 2, 2007; to the Committee on Com- February 2, 2007; to the Committee on Com- AA64)(Docket No. 2004–CE–50)) received on merce, Science, and Transportation. merce, Science, and Transportation. February 2, 2007; to the Committee on Com- EC–698. A communication from the Pro- EC–707. A communication from the Pro- merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- EC–689. A communication from the Pro- tion, Department of Transportation, trans- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- entitled ‘‘Modification of Class E Airspace; entitled ‘‘Airworthiness Directives; BAE mitting, pursuant to law, the report of a rule Honolulu International Airport, HI’’ Systems Limited Model BAe 146 and Avro entitled ‘‘Airworthiness Directives; Stemme ((RIN2120–AA66)(Docket No. 06–AWP–9)) re- 146–RJ Airplanes’’ ((RIN2120–AA64)(Docket GmbH and Co. AG Model STEMME S10–VT ceived on February 2, 2007; to the Committee No. 2006–NM–086)) received on February 2, Sailplanes’’ ((RIN2120–AA64)(Docket No. on Commerce, Science, and Transportation. 2007; to the Committee on Commerce, 2006–CE–32)) received on February 2, 2007; to EC–699. A communication from the Pro- Science, and Transportation. the Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- EC–708. A communication from the Pro- Transportation. tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- EC–690. A communication from the Pro- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Airbus mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- Model A330 Airplanes and Model A340–200 and entitled ‘‘Airworthiness Directives; BAE mitting, pursuant to law, the report of a rule –300 Series Airplanes’’ ((RIN2120– Systems Limited Model BAe 146 Airplanes’’ entitled ‘‘Airworthiness Directives; Cessna AA64)(Docket No. 2006–NM–134)) received on ((RIN2120–AA64)(Docket No. 2006–NM–138)) Model 750 Airplanes’’ ((RIN2120– February 2, 2007; to the Committee on Com- received on February 2, 2007; to the Com- AA64)(Docket No. 2006–NM–229)) received on merce, Science, and Transportation. mittee on Commerce, Science, and Transpor- February 2, 2007; to the Committee on Com- EC–700. A communication from the Pro- tation. merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- EC–709. A communication from the Pro- EC–691. A communication from the Pro- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Rolls- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Royce plc Trent 768–60, Trent 772–60, and entitled ‘‘Airworthiness Directives; Cessna entitled ‘‘Airworthiness Directives; Boeing Trent 772B–60 Turbofan Engines’’ ((RIN2120– Model 750 Airplanes’’ ((RIN2120– Model 747–100, 747–100B, 747–200B, 747–200C, AA64)(Docket No. 2006–NE–29)) received on AA64)(Docket No. 2006–NM–231)) received on 747–200F, 747SR, and 747SP Series Airplanes’’ February 2, 2007; to the Committee on Com- February 2, 2007; to the Committee on Com- ((RIN2120–AA64)(Docket No. 2005–NM–253)) merce, Science, and Transportation. merce, Science, and Transportation. received on February 2, 2007; to the Com- EC–701. A communication from the Pro- EC–710. A communication from the Pro- mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- tation. tion, Department of Transportation, trans- tion, Department of Transportation, trans- EC–692. A communication from the Pro- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; entitled ‘‘Airworthiness Directives; Dowty tion, Department of Transportation, trans- Raytheon Aircraft Company Models C90A, Propellers R321/4–82–F/8; R324/4–82–F/9; R333/ mitting, pursuant to law, the report of a rule B200, B200C, B300, and B300C Airplanes’’ 4–82–F/12; and R334/4–82–F/13 Propellers’’ entitled ‘‘Change of Using Agency for Re- ((RIN2120–AA64)(Docket No. 2006–CE–34)) re- ((RIN2120–AA64)(Docket No. 2006–NE–40)) restricted Areas R–3008A, B, C, and D; Grand ceived on February 2, 2007; to the Committee ceived on February 2, 2007; to the Committee Bay Weapons Range, GA’’ ((RIN2120– on Commerce, Science, and Transportation. on Commerce, Science, and Transportation. AA66)(Docket No. 06–ASO–16)) received on EC–702. A communication from the Pro- EC–711. A communication from the Pro- February 2, 2007; to the Committee on Com- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. tion, Department of Transportation, trans- tion, Department of Transportation, trans- EC–693. A communication from the Pro- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Airbus entitled ‘‘Airworthiness Directives; Diamond tion, Department of Transportation, trans- Model A300 Airplanes, Equipped with General Aircraft Industries GmbH Model DA 40 Air- mitting, pursuant to law, the report of a rule Electric CF6–50 Series Engines’’ ((RIN2120– planes’’ ((RIN2120–AA64)(Docket No. 2006–CE–

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.013 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1626 CONGRESSIONAL RECORD — SENATE February 6, 2007 57)) received on February 2, 2007; to the Com- EXECUTIVE REPORTS OF purposes; to the Committee on Foreign Rela- mittee on Commerce, Science, and Transpor- COMMITTEES tions. tation. By Mrs. BOXER: EC–712. A communication from the Pro- The following executive reports of S. 493. A bill to designate certain public gram Analyst, Federal Aviation Administra- nominations were submitted: land as wilderness and certain rivers as wild tion, Department of Transportation, trans- By Mr. LEVIN for the Committee on and scenic rivers in the State of California, mitting, pursuant to law, the report of a rule Armed Services. to designate Salmon Restoration Areas, to entitled ‘‘Airworthiness Directives; Societe Army nomination of Gen. George W. Casey, establish the Sacramento River National de Motorisations Aeronautiques SR305–230 Jr. to be General. Recreation Area and Ancient Bristlecone and SR305–230–1 Reciprocating Engines’’ Navy nomination of Adm. William J. Pine Forest, and for other purposes; to the ((RIN2120–AA64)(Docket No. 2006–NE–36)) re- Fallon to be Admiral. Committee on Energy and Natural Re- ceived on February 2, 2007; to the Committee Air Force nomination of Brig. Gen. Thom- sources. on Commerce, Science, and Transportation. as W. Travis to be Major General. By Mr. LUGAR: EC–713. A communication from the Pro- Air Force nomination of Col. David H. Cyr S. 494. A bill to endorse further enlarge- gram Analyst, Federal Aviation Administra- to be Brigadier General. ment of the North Atlantic Treaty Organiza- tion, Department of Transportation, trans- Air Force nomination of Col. Douglas J. tion (NATO) and to facilitate the timely admitting, pursuant to law, the report of a rule Robb to be Brigadier General. mission of new members to NATO, and for entitled ‘‘Standard Instrument Approach Air Force nominations beginning with other purposes; to the Committee on Foreign Procedures (43)’’ ((RIN2120–AA65)(Amdt. No. Brigadier General Frank J. Casserino and Relations. 3193)) received on February 2, 2007; to the ending with Colonel John T. Winters, Jr., By Mr. LEAHY (for himself, Mr. SPEC- Committee on Commerce, Science, and which nominations were received by the Sen- TER, Mr. FEINGOLD, Mr. SCHUMER, and Transportation. ate and appeared in the Congressional Mr. SANDERS): EC–714. A communication from the Pro- Record on January 18, 2007. S. 495. A bill to prevent and mitigate iden- gram Analyst, Federal Aviation Administra- Army nomination of Lt. Gen. James M. tity theft, to ensure privacy, to provide notion, Department of Transportation, trans- Dubik to be Lieutenant General. tice of security breaches, and to enhance mitting, pursuant to law, the report of a rule Mr. LEVIN. Mr. President, for the criminal penalties, law enforcement assist- entitled ‘‘Standard Instrument Approach ance, and other protections against security Committee on Armed Services I report breaches, fraudulent access, and misuse of Procedures (27)’’ ((RIN2120–AA65)(Amdt. No. favorably the following nomination 3194)) received on February 2, 2007; to the personally identifiable information; to the Committee on Commerce, Science, and lists which were printed in the Committee on the Judiciary. Transportation. RECORDS on the dates indicated, and By Mr. VOINOVICH (for himself, Mrs. EC–715. A communication from the Pro- ask unanimous consent, to save the ex- CLINTON, Mr. WARNER, Mr. BYRD, Mr. gram Analyst, Federal Aviation Administra- pense of reprinting on the Executive LOTT, Mr. BROWN, Mr. COCHRAN, Mr. tion, Department of Transportation, trans- Calendar that these nominations lie at SCHUMER, Mr. BURR, Mr. CARDIN, Ms. mitting, pursuant to law, the report of a rule the Secretary’s desk for the informa- MIKULSKI, Mrs. DOLE, Mr. ALEX- ANDER, Mr. SHELBY, and Mr. entitled ‘‘Airworthiness Directives; Air Trac- tion of Senators. tor, Inc. Models AT–502, AT–502A, AT–502B, GRAHAM): The PRESIDING OFFICER. Without S. 496. A bill to reauthorize and improve AT–602, AT–802, and AT–802A Airplanes’’ objection, it is so ordered. the program authorized by the Appalachian ((RIN2120–AA64)(Docket No. 2006–CE–37)) re- Regional Development Act of 1965; to the ceived on February 2, 2007; to the Committee Air Force nominations beginning with Mi- Committee on Environment and Public on Commerce, Science, and Transportation. chael D. Jacobson and ending with Terrill L. Works. EC–716. A communication from the Pro- Tops, which nominations were received by the Senate and appeared in the Congres- By Mrs. BOXER: gram Analyst, Federal Aviation Administra- S. 497. A bill to repeal a prohibition on the tion, Department of Transportation, trans- sional Record on January 18, 2007. Air Force nominations beginning with Stu- use of certain funds for tunneling in certain mitting, pursuant to law, the report of a rule areas with respect to the Los Angeles to San entitled ‘‘Airworthiness Directives; Boeing art C. Calle and ending with Edwin O. Rodriguezpagan, which nominations were re- Fernando Valley Metro Rail project, Cali- Model 757 Airplanes’’ ((RIN2120– fornia; to the Committee on Banking, Hous- AA64)(Docket No. 2005–NM–174)) received on ceived by the Senate and appeared in the Congressional Record on January 18, 2007. ing, and Urban Affairs. February 2, 2007; to the Committee on Com- By Mr. FEINGOLD (for himself and Ms. merce, Science, and Transportation. By Mr. ROCKEFELLER for the Select Committee on Intelligence. COLLINS): EC–717. A communication from the Sec- S. 498. A bill to amend title XVIII of the retary, Bureau of Competition, Federal *J. Michael McConnell, of Virginia, to be Director of National Intelligence. Social Security Act to improve the Medicare Trade Commission, transmitting, pursuant program for beneficiaries residing in rural to law, the report of a rule entitled ‘‘Notice *Nomination was reported with rec- areas; to the Committee on Finance. Announcing 2007 Adjusted Thresholds for ommendation that it be confirmed sub- By Mr. SALAZAR (for himself and Mr. Clayton Act 7A’’ (RIN3084–AA91) received on ject to the nominee’s commitment to ALLARD): February 1, 2007; to the Committee on Com- respond to requests to appear and tes- S. 499. A bill to amend the Internal Rev- merce, Science, and Transportation. tify before any duly constituted com- enue Code of 1986 to allow section 1031 treat- EC–718. A communication from the Attor- ment for exchanges involving certain mutual ney Advisor, Pipeline and Hazardous Mate- mittee of the Senate. (Nominations without an asterisk ditch, reservoir, or irrigation company rials Safety Administration, Department of stock; to the Committee on Finance. Transportation, transmitting, pursuant to were reported with the recommenda- By Mr. SALAZAR (for himself, Mr. law, the report of a rule entitled ‘‘Hazardous tion that they be confirmed.) MARTINEZ, Mr. MENENDEZ, Mr. BAYH, Materials: Harmonization with the United f Mr. BIDEN, Mr. BINGAMAN, Mrs. Nations Recommendations, International BOXER, Mr. DOMENICI, Mr. DURBIN, Maritime Dangerous Goods Code, and Inter- INTRODUCTION OF BILLS AND Mrs. FEINSTEIN, Mrs. HUTCHISON, Mr. national Civil Aviation Organization’s Tech- JOINT RESOLUTIONS KENNEDY, Mr. KERRY, Mr. LAUTEN- nical Instructions’’ (RIN2137–AE16) received The following bills and joint resolu- BERG, Mr. LIEBERMAN, Mr. LUGAR, on February 2, 2007; to the Committee on Mr. MCCAIN, Mr. NELSON of Florida, Commerce, Science, and Transportation. tions were introduced, read the first and second times by unanimous con- Mr. OBAMA, Mr. REID, Mr. SCHUMER, EC–719. A communication from the Para- Mr. BROWN, Mr. FEINGOLD, and Mrs. legal, Federal Transit Administration, De- sent, and referred as indicated: CLINTON): partment of Transportation, transmitting, By Mr. SCHUMER (for himself, Mrs. S. 500. A bill to establish the Commission pursuant to law, the report of a rule entitled CLINTON, Mr. BUNNING, and Mr. to Study the Potential Creation of the Na- ‘‘Emergency Procedures for Public Transpor- BYRD): tional Museum of the American Latino to tation Systems’’ (RIN2132–AA89) received on S. 491. A bill to clarify the rules of origin develop a plan of action for the establish- February 2, 2007; to the Committee on Com- for certain textile and apparel products; to ment and maintenance of a National Mu- merce, Science, and Transportation. the Committee on Finance. seum of the American Latino in Washington, EC–720. A communication from the Regula- By Mr. FEINGOLD (for himself, Mr. DC, and for other purposes; to the Com- tion Officer, Federal Highway Administra- COLEMAN, and Ms. KLOBUCHAR): mittee on Energy and Natural Resources. tion, Department of Transportation, trans- S. 492. A bill to promote stabilization and By Mr. KYL: mitting, pursuant to law, the report of a rule reconstruction efforts in Somalia, to estab- S. 501. A bill to the relief of Ilko Vasilev entitled ‘‘Traffic Control Devices on Federal- lish a Special Envoy for Somalia to strength- Ivanov, Anelia Marinova Peneva, Marina Aid and Other Streets and Highways; Stand- en United States support to the people of So- Ilkova Ivanova, and Julia Ilkova Ivanova; to ards’’ (RIN2125–AF16) received on February 2, malia in their efforts to establish a lasting the Committee on the Judiciary. 2007; to the Committee on Commerce, peace and form a democratically elected and By Mr. CRAPO (for himself, Mr. Science, and Transportation. stable central government, and for other MCCONNELL, Mr. LOTT, Mr. KYL, Mr.

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.016 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1627 SMITH, Mr. BUNNING, Mr. ENSIGN, Mr. S. Res. 73. A resolution designating Feb- the Tariff Act of 1930 to prohibit the CRAIG, Mr. VITTER, Mr. DEMINT, Mr. ruary 6, 2007, as ‘‘Ronald Reagan Day’’; con- import, export, and sale of goods made SUNUNU, Mr. BURR, Mr. ENZI, Mr. sidered and agreed to. with sweatshop labor, and for other ROBERTS, Mr. BOND, Mr. ALLARD, and By Ms. LANDRIEU: purposes. Mr. HAGEL): S. Con. Res. 9. A concurrent resolution S. 502. A bill to repeal the sunset on the re- celebrating the contributions of the archi- S. 380 duction of capital gains rates for individuals tectural profession during ‘‘National Archi- At the request of Mr. WYDEN, the and on the taxation of dividends of individ- tecture Week’’; to the Committee on the Ju- name of the Senator from Florida (Mr. uals at capital gains rates; to the Committee diciary. NELSON) was added as a cosponsor of S. on Finance. f 380, a bill to reauthorize the Secure By Mrs. DOLE (for herself, Mr. NELSON Rural Schools and Community Self-De- of Florida, Mr. BURR, Mr. GRAHAM, ADDITIONAL COSPONSORS termination Act of 2000, and for other Mr. CHAMBLISS, Mr. ISAKSON, Mr. S. 43 LOTT, Mr. COCHRAN, and Mr. MAR- purposes. NSIGN TINEZ): At the request of Mr. E , the S. 388 S. 503. A bill to establish the SouthEast name of the Senator from Idaho (Mr. At the request of Mr. THUNE, the Crescent Authority, and for other purposes; CRAPO) was added as a cosponsor of S. name of the Senator from Nevada (Mr. to the Committee on Environment and Pub- 43, a bill to amend title II of the Social ENSIGN) was added as a cosponsor of S. lic Works. Security Act to preserve and protect 388, a bill to amend title 18, United By Mr. SMITH: Social Security benefits of American S. 504. A bill to amend the Internal Rev- States Code, to provide a national workers and to help ensure greater standard in accordance with which enue Code of 1986 to establish long-term care congressional oversight of the Social trust accounts and allow a refundable tax nonresidents of a State may carry con- credit for contributions to such accounts, Security system by requiring that both cealed firearms in the State. Houses of Congress approve a total- and for other purposes; to the Committee on S. 430 Finance. ization agreement before the agree- At the request of Mr. LEAHY, the By Ms. COLLINS (for herself, Mr. WAR- ment, giving foreign workers Social names of the Senator from Oregon (Mr. NER, Ms. LANDRIEU, Mr. COLEMAN, Mr. Security benefits, can go into effect. VITTER, Mr. SMITH, and Mr. NELSON SMITH), the Senator from Iowa (Mr. S. 55 of Nebraska): HARKIN), the Senator from Louisiana S. 505. A bill to amend the Internal Rev- At the request of Mr. BAUCUS, the (Ms. LANDRIEU), the Senator from Ohio enue Code of 1986 to increase the above-the- name of the Senator from Kansas (Mr. (Mr. BROWN) and the Senator from Illi- line deduction for teacher classroom supplies ROBERTS) was added as a cosponsor of nois (Mr. DURBIN) were added as co- and to expand such deduction to include S. 55, a bill to amend the Internal Rev- sponsors of S. 430, a bill to amend title qualified professional development expenses; enue Code of 1986 to repeal the indi- 10, United States Code, to enhance the to the Committee on Finance. vidual alternative minimum tax. By Mr. LAUTENBERG (for himself, national defense through empowerment S. 65 Ms. SNOWE, and Mrs. BOXER): of the Chief of the National Guard Bu- S. 506. A bill to improve efficiency in the At the request of Mr. INHOFE, the reau and the enhancement of the func- Federal Government through the use of high- name of the Senator from Georgia (Mr. tions of the National Guard Bureau, performance green buildings, and for other ISAKSON) was added as a cosponsor of S. and for other purposes. purposes; to the Committee on Environment 65, a bill to modify the age-60 standard S. 435 and Public Works. for certain pilots and for other pur- At the request of Mr. BINGAMAN, the By Mr. CONRAD (for himself, Ms. COL- poses. LINS, Ms. CANTWELL, and Mr. DUR- name of the Senator from New York S. 206 BIN): (Mrs. CLINTON) was added as a cospon- S. 507. A bill to amend title XVIII of the At the request of Mrs. FEINSTEIN, the sor of S. 435, a bill to amend title 49, Social Security Act to provide for reim- name of the Senator from Ohio (Mr. United States Code, to preserve the es- bursement of certified midwife services and BROWN) was added as a cosponsor of S. sential air service program. to provide for more equitable reimbursement 206, a bill to amend title II of the So- S. 439 rates for certified nurse-midwife services; to cial Security Act to repeal the Govern- At the request of Mr. REID, the name the Committee on Finance. ment pension offset and windfall elimi- By Mr. GRASSLEY: of the Senator from New York (Mrs. S. 508. A bill to amend the Congressional nation provisions. CLINTON) was added as a cosponsor of S. Accountability Act of 1995 to apply whistle- S. 254 439, a bill to amend title 10, United blower protections available to certain exec- At the request of Mr. ENZI, the names States Code, to permit certain retired utive branch employees to legislative branch of the Senator from Iowa (Mr. GRASS- members of the uniformed services who employees, and for other purposes; to the LEY) and the Senator from Louisiana have a service-connected disability to Committee on Homeland Security and Gov- (Ms. LANDRIEU) were added as cospon- ernmental Affairs . receive both disability compensation By Mr. INOUYE (for himself, Mr. STE- sors of S. 254, a bill to award post- from the Department of Veterans Af- VENS, Mr. ROCKEFELLER, Mr. LOTT, humously a Congressional gold medal fairs for their disability and either re- and Mr. LAUTENBERG): to Constantino Brumidi. tired pay by reason of their years of S. 509. A bill to provide improved aviation S. 294 military service or Combat-Related security, and for other purposes; to the Com- At the request of Mr. LAUTENBERG, Special Compensation. mittee on Commerce, Science, and Transpor- the name of the Senator from Michigan S. 450 tation. (Mr. LEVIN) was added as a cosponsor of At the request of Mr. ENSIGN, the f S. 294, a bill to reauthorize Amtrak, name of the Senator from Nebraska SUBMISSION OF CONCURRENT AND and for other purposes. (Mr. NELSON) was added as a cosponsor SENATE RESOLUTIONS S. 326 of S. 450, a bill to amend title XVIII of the Social Security Act to repeal the The following concurrent resolutions At the request of Mrs. LINCOLN, the medicare outpatient rehabilitation and Senate resolutions were read, and name of the Senator from New Jersey therapy caps. referred (or acted upon), as indicated: (Mr. MENENDEZ) was added as a cosponsor of S. 326, a bill to amend the Inter- S. 479 By Ms. LANDRIEU: S. Res. 72. A resolution acknowledging the nal Revenue Code of 1986 to provide a At the request of Mr. HARKIN, the severity of the wetland loss occurring in special period of limitation when uni- name of the Senator from Minnesota Louisiana and supporting the observance of formed services retirement pay is re- (Ms. KLOBUCHAR) was added as a co- World Wetlands Day in the United States; to duced as result of award of disability sponsor of S. 479, a bill to reduce the the Committee on Environment and Public compensation. incidence of suicide among veterans. Works. S. 367 S. RES. 70 By Mr. ALLARD (for himself, Mrs. ORGAN C AIN FEINSTEIN, Mr. COLEMAN, Mr. STE- At the request of Mr. D , the At the request of Mr. M C , the VENS, Mrs. DOLE, Mrs. HUTCHISON, name of the Senator from West Vir- name of the Senator from Idaho (Mr. Mr. VITTER, Mr. HATCH, Mr. MCCAIN, ginia (Mr. ROCKEFELLER) was added as CRAIG) was added as a cosponsor of S. Mr. MCCONNELL, and Mr. REID): a cosponsor of S. 367, a bill to amend Res. 70, a resolution expressing the

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.019 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1628 CONGRESSIONAL RECORD — SENATE February 6, 2007 sense of the Senate that the Com- If NATO is to continue to be the pre- breaches remained a persistent and mander of Multinational Forces-Iraq eminent security Alliance and serve pernicious threat to Americans’ pri- and all United States personnel under the defense interests of its member- vacy. Yesterday we learned that the his command should receive from Con- ship, it must continue to evolve and Department of Veterans Affairs has gress the full support necessary to that evolution must include enlarge- lost a portable hard drive containing carry out the United States mission in ment. Potential NATO membership the sensitive personal information on Iraq. motivates emerging democracies to as many as 48,000 veterans. I can imag- f make important advances in areas such ine what the veterans in my State feel as the rule of law and civil society. A about that. I can imagine what the vet- STATEMENTS ON INTRODUCED closer relationship with NATO will pro- erans in Montana feel about that. BILLS AND JOINT RESOLUTIONS mote these values and contribute to Last week, there was a major data our mutual security. Georgia is a breach involving a State computer By Mr. LUGAR: young democracy that has made tre- server in my home State of Vermont. S. 494. A bill to endorse further en- mendous progress since the ‘‘Rose Rev- It jeopardized the financial data of at largement of the North Atlantic Trea- olution.’’ It is situated in a critical least 69,000 Vermonters whose personal ty Organization (NATO) and to facili- geo-strategic location and is host to a financial information had been stored tate the timely admission of new mem- large portion of the Baku-Tbilisi- on the computer used by the Vermont bers to NATO, and for other purposes; Ceyhan pipeline that carries important Agency of Human Services. Can you to the Committee on Foreign Rela- energy resources to the West from imagine 69,000 people, in a State of tions. Azerbaijan and, in the future, barely over 600,000 people. Mr. LUGAR. Mr. President, I rise Kazakhstan. Georgia is resisting pres- This is not unique to Vermont. Last today to introduce the ‘‘NATO Free- sure from breakaway republics backed month mega retailer TJX disclosed dom Consolidation Act of 2007’’. Last by Moscow. In the past, border disputes that it suffered a major computer year this legislation passed the Senate have been identified as reasons a coun- breach involving credit and debt card by unanimous consent. Unfortunately, try may not be invited to join NATO. purchases involving possibly hundreds the House was unable to act prior to But in this case, Russia’s action, not of thousands of American consumers. adjournment last year. Georgia’s, are frustrating Tbilisi’s And, even as disturbing as that is, I was pleased that thirteen of my col- NATO aspirations. while they knew about the breach in leagues, including Senators BIDEN, Three years ago, the United States mid-December, none of those cus- CHAMBLISS, COLEMAN, DODD, HAGEL, Senate unanimously voted to invite tomers were told about it until a HUTCHISON, MARTINEZ, MCCAIN, SMITH, seven countries to join NATO. Today, month later. It is as if a thief had gone and SUNUNU, joined me in proposing Bulgaria, Estonia, Latvia, Lithuania, to each one of their houses and stolen this important legislation. Romania, Slovakia, and Slovenia are their data. The goal of this bill is to reaffirm making significant contributions to Of course, all of this comes on the United States support for continued NATO and are among our closest allies heels of the theft of the personal data enlargement of NATO to democracies in the global war on terrorism. It is of 26.5 million of our veterans and ac- that are able and willing to meet the time again for the United States to tive-duty personnel at the VA last responsibilities of membership. In par- take the lead in urging its allies to year. Think about this: You are a man ticular, the legislation calls for the bring in new members, and to offer or a woman serving your country in Af- timely admission of Albania, Croatia, timely admission of Albania, Croatia, ghanistan or Iraq, and this information Georgia, Macedonia, and Ukraine to Georgia, Macedonia, and Ukraine to is stolen—with data about where you NATO and authorizes security assist- NATO. live and what family members are left ance for these countries in Fiscal Year at home while you are overseas. How 2008. Each of these countries has clear- By Mr. LEAHY (for himself, Mr. do you think that makes you feel? ly stated its desire to join NATO and is SPECTER, Mr. FEINGOLD, Mr. According to the Privacy Rights working hard to meet the specified re- SCHUMER, and Mr. SANDERS): Clearinghouse, more than 100 million quirements for membership. S. 495. A bill to prevent and mitigate records containing sensitive personal I believe that eventual NATO mem- identity theft, to ensure privacy, to information have been involved in data bership for these five countries would provide notice of security breaches, security breaches since 2005. We need be a success for Europe, NATO, and the and to enhance criminal penalties, law strong Federal data privacy and secu- United States by continuing to extend enforcement assistance, and other pro- rity laws to protect Americans’ per- the zone of peace and security. Alba- tections against security breaches, sonal data, and to address the ills of nia, Croatia, and Macedonia have been fraudulent access, and misuse of per- lax data security. making progress on reforms through sonally identifiable information; to the Our bill requires that data brokers their participation in the NATO Mem- Committee on the Judiciary. let consumers know what sensitive per- bership Action Plan since 2002. Unfor- Mr. LEAHY. Mr. President, today I sonal information they have about tunately, Georgia and Ukraine have am pleased to join Senator SPECTER in them and to allow individuals to cor- not yet been granted a Membership Ac- reintroducing the Leahy-Specter Per- rect this. It is a simple matter of fair- tion Plan but nevertheless have made sonal Data Privacy and Security Act. ness. There is a clear precedent for our remarkable progress. This legislation This is a comprehensive data privacy approach in the credit reporting con- will provide important incentives and package aimed at better protecting text. Our bill also requires that compa- assistance to the countries to continue Americans’ privacy. Senator SPECTER nies who have databases with sensitive the implementation of democratic, de- has been a valuable partner on this, personal information about Americans fense, and economic reforms. and I also thank Majority Leader REID establish and implement data privacy Since the end of the Cold War, NATO for his leadership and commitment to and security programs. In the informa- has been evolving to meet the new se- enacting data privacy legislation this tion age, any company that wants to be curity needs of the 21st century. In this year. trusted by the public must earn that era, the threats to NATO members are When Senator SPECTER and I intro- trust by vigilantly protecting the data- transnational and far from its geo- duced this bill in 2005, we had high bases that they use and maintain. In graphic borders. There is strong sup- hopes of bringing urgently needed data addition, our bill requires notice when port among members for NATO’s oper- privacy reforms to the American peo- sensitive personal information has ation in Afghanistan, and for its train- ple. The Judiciary Committee reported been compromised. The American peo- ing mission in Iraq. NATO’s viability this bill favorably in November of 2005, ple need to know when they may be ex- as an effective defense and security al- but with the last Congress, it simply posed to a data breach. Whether it is a liance depends on flexible, creative sat on the calendar. The leadership government agency or a private com- leadership, as well as the willingness of would not bring it forward. pany, if they lose your sensitive infor- members to improve capabilities and The irony is while they refused to mation, your Social Security number, address common threats. bring it forward, the problems of data your address, or anything about you,

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.021 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1629 you have a right to know. If they are TITLE I—ENHANCING PUNISHMENT FOR confidentiality of that personally identifi- holding that information about you, IDENTITY THEFT AND OTHER VIOLA- able information; and they lose it, you have the right to TIONS OF DATA PRIVACY AND SECU- (6) individuals whose personal information know it has been lost. RITY has been compromised or who have been victims of identity theft should receive the nec- We also have tough criminal pen- Sec. 101. Organized criminal activity in connection with unauthorized ac- essary information and assistance to miti- alties for anyone who would inten- cess to personally identifiable gate their damages and to restore the integ- tionally or willfully conceal the fact information. rity of their personal information and identi- that a data breach has occurred when Sec. 102. Concealment of security breaches ties; that breach causes economic damage to involving sensitive personally (7) data brokers have assumed a significant consumers. identifiable information. role in providing identification, authentica- Sec. 103. Review and amendment of Federal tion, and screening services, and related data Then finally, we address the impor- collection and analyses for commercial, non- tant issue of the Government’s use of sentencing guidelines related to fraudulent access to or misuse profit, and government operations; personal data. This would require Fed- of digitized or electronic per- (8) data misuse and use of inaccurate data eral agencies to notify affected individ- sonally identifiable informa- have the potential to cause serious or irrep- uals when Government data breaches tion. arable harm to an individual’s livelihood, occur. TITLE II—DATA BROKERS privacy, and liberty and undermine efficient and effective business and government oper- We should never have to worry about Sec. 201. Transparency and accuracy of data our Government having this informa- ations; collection. (9) there is a need to insure that data bro- tion on us and losing it, but certainly Sec. 202. Enforcement. kers conduct their operations in a manner in the last 2 or 3 years, we have seen so Sec. 203. Relation to State laws. that prioritizes fairness, transparency, accu- many millions of files that have been Sec. 204. Effective date. racy, and respect for the privacy of con- lost or put in jeopardy. We live in a TITLE III—PRIVACY AND SECURITY OF sumers; world in which our Government also is PERSONALLY IDENTIFIABLE INFOR- (10) government access to commercial data increasingly turning to the private sec- MATION can potentially improve safety, law enforce- tor to get personal data that they, in Subtitle A—A Data Privacy and Security ment, and national security; and some instances, couldn’t legally get on Program (11) because government use of commercial Sec. 301. Purpose and applicability of data data containing personal information poten- their own. To address this, our bill puts tially affects individual privacy, and law en- protecting Americans’ privacy first and privacy and security program. Sec. 302. Requirements for a personal data forcement and national security operations, foremost: Government data has to be privacy and security program. there is a need for Congress to exercise over- protected and we have to know if the Sec. 303. Enforcement. sight over government use of commercial Government falls down on the job. Sec. 304. Relation to other laws. data. This is a comprehensive bill. It not Subtitle B—Security Breach Notification SEC. 3. DEFINITIONS. In this Act: only deals with the need to provide Sec. 311. Notice to individuals. (1) AGENCY.—The term ‘‘agency’’ has the Americans notice when they have been Sec. 312. Exemptions. same meaning given such term in section 551 victims of a data breach, it also deals Sec. 313. Methods of notice. of title 5, United States Code. with the underlying problems of lack of Sec. 314. Content of notification. Sec. 315. Coordination of notification with (2) AFFILIATE.—The term ‘‘affiliate’’ means security and lack of accountability to persons related by common ownership or by prevent data breaches from occurring credit reporting agencies. Sec. 316. Notice to law enforcement. corporate control. in the first place. Sec. 317. Enforcement. (3) BUSINESS ENTITY.—The term ‘‘business Today, Americans live in a world Sec. 318. Enforcement by State attorneys entity’’ means any organization, corpora- where their most sensitive personal in- general. tion, trust, partnership, sole proprietorship, formation can be accessed and sold to Sec. 319. Effect on Federal and State law. unincorporated association, venture established to make a profit, or nonprofit, and the highest bidder with a few key- Sec. 320. Authorization of appropriations. Sec. 321. Reporting on risk assessment ex- any contractor, subcontractor, affiliate, or strokes on their computer. Our privacy licensee thereof engaged in interstate com- laws greatly lag behind both the capa- emptions. Sec. 322. Effective date. merce. bilities of our technology and the cun- (4) IDENTITY THEFT.—The term ‘‘identity ning of identity thieves. This legisla- TITLE IV—GOVERNMENT ACCESS TO theft’’ means a violation of section 1028 of AND USE OF COMMERCIAL DATA tion closes that gap. I commend the title 18, United States Code. leadership for being willing to bring up Sec. 401. General Services Administration (5) DATA BROKER.—The term ‘‘data broker’’ review of contracts. our data privacy bill. I wish that the means a business entity which for monetary Sec. 402. Requirement to audit information fees or dues regularly engages in the practice leadership in the last Congress had security practices of contrac- of collecting, transmitting, or providing ac- brought this bill up last year. But, I tors and third party business cess to sensitive personally identifiable in- am glad that the new leadership will do entities. formation on more than 5,000 individuals so this year. Sec. 403. Privacy impact assessment of gov- who are not the customers or employees of For the sake of all Americans, I urge ernment use of commercial in- that business entity or affiliate primarily for all Senators to support this legislation formation services containing the purposes of providing such information personally identifiable informa- to nonaffiliated third parties on an inter- and to act now to pass comprehensive tion. data privacy and security legislation. state basis. Sec. 404. Implementation of chief privacy of- (6) DATA FURNISHER.—The term ‘‘data fur- I ask unanimous consent that the ficer requirements. nisher’’ means any agency, organization, text of the bill be printed in the SEC. 2. FINDINGS. corporation, trust, partnership, sole propri- RECORD. Congress finds that— etorship, unincorporated association, or non- There being no objection, the text of (1) databases of personally identifiable in- profit that serves as a source of information the bill was ordered to be printed in formation are increasingly prime targets of for a data broker. the RECORD, as follows: hackers, identity thieves, rogue employees, (7) PERSONAL ELECTRONIC RECORD.— and other criminals, including organized and (A) IN GENERAL.—The term ‘‘personal elec- S. 495 sophisticated criminal operations; tronic record’’ means data associated with Be it enacted by the Senate and House of Rep- (2) identity theft is a serious threat to the an individual contained in a database, resentatives of the United States of America in nation’s economic stability, homeland secu- networked or integrated databases, or other Congress assembled, rity, the development of e-commerce, and data system that holds sensitive personally SECTION 1. SHORT TITLE; TABLE OF CONTENTS. the privacy rights of Americans; identifiable information of that individual (3) over 9,300,000 individuals were victims and is provided to nonaffiliated third parties. (a) SHORT TITLE.—This Act may be cited as of identity theft in America last year; (B) EXCLUSIONS.—The term ‘‘personal elec- the ‘‘Personal Data Privacy and Security (4) security breaches are a serious threat tronic record’’ does not include— Act of 2007’’. to consumer confidence, homeland security, (i) any data related to an individual’s past (b) TABLE OF CONTENTS.—The table of con- e-commerce, and economic stability; purchases of consumer goods; or tents of this Act is as follows: (5) it is important for business entities (ii) any proprietary assessment or evalua- Sec. 1. Short title; table of contents. that own, use, or license personally identifi- tion of an individual or any proprietary as- Sec. 2. Findings. able information to adopt reasonable proce- sessment or evaluation of information about Sec. 3. Definitions. dures to ensure the security, privacy, and an individual.

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.025 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1630 CONGRESSIONAL RECORD — SENATE February 6, 2007

(8) PERSONALLY IDENTIFIABLE INFORMA- SEC. 102. CONCEALMENT OF SECURITY (A) sufficiently deter and punish such of- TION.—The term ‘‘personally identifiable in- BREACHES INVOLVING SENSITIVE fenses; and formation’’ means any information, or com- PERSONALLY IDENTIFIABLE INFOR- (B) adequately reflect the enhanced pen- pilation of information, in electronic or dig- MATION. alties established under this Act; ital form serving as a means of identifica- (a) IN GENERAL.—Chapter 47 of title 18, (3) maintain reasonable consistency with tion, as defined by section 1028(d)(7) of title United States Code, is amended by adding at other relevant directives and sentencing 18, United State Code. the end the following: guidelines; (9) PUBLIC RECORD SOURCE.—The term ‘‘§ 1040. Concealment of security breaches in- (4) account for any additional aggravating ‘‘public record source’’ means the Congress, volving sensitive personally identifiable in- or mitigating circumstances that might jus- any agency, any State or local government formation tify exceptions to the generally applicable agency, the government of the District of sentencing ranges; ‘‘(a) Whoever, having knowledge of a secu- Columbia and governments of the territories (5) consider whether to provide a sen- rity breach and of the obligation to provide or possessions of the United States, and Fed- tencing enhancement for those convicted of notice of such breach to individuals under eral, State or local courts, courts martial the offenses described in subsection (a), if title III of the Personal Data Privacy and Se- and military commissions, that maintain the conduct involves— curity Act of 2007, and having not otherwise personally identifiable information in (A) the online sale of fraudulently obtained records available to the public. qualified for an exemption from providing or stolen personally identifiable informa- notice under section 312 of such Act, inten- (10) SECURITY BREACH.— tion; tionally and willfully conceals the fact of (A) IN GENERAL.—The term ‘‘security (B) the sale of fraudulently obtained or breach’’ means compromise of the security, such security breach and which breach stolen personally identifiable information to confidentiality, or integrity of computerized causes economic damage to 1 or more per- an individual who is engaged in terrorist ac- data through misrepresentation or actions sons, shall be fined under this title or impris- tivity or aiding other individuals engaged in that result in, or there is a reasonable basis oned not more than 5 years, or both. terrorist activity; or to conclude has resulted in, acquisition of or ‘‘(b) For purposes of subsection (a), the (C) the sale of fraudulently obtained or sto- access to sensitive personally identifiable in- term ‘person’ has the same meaning as in len personally identifiable information to fi- formation that is unauthorized or in excess section 1030(e)(12) of title 18, United States nance terrorist activity or other criminal ac- of authorization. Code. tivities; (B) EXCLUSION.—The term ‘‘security ‘‘(c) Any person seeking an exemption (6) make any necessary conforming breach’’ does not include— under section 312(b) of the Personal Data changes to the Federal sentencing guidelines (i) a good faith acquisition of sensitive per- Privacy and Security Act of 2007 shall be im- to ensure that such guidelines (including its sonally identifiable information by a busi- mune from prosecution under this section if policy statements) as described in subsection ness entity or agency, or an employee or the United States Secret Service does not in- (a) are sufficiently stringent to deter, and agent of a business entity or agency, if the dicate, in writing, that such notice be given adequately reflect crimes related to fraudu- sensitive personally identifiable information under section 312(b)(3) of such Act’’. lent access to, or misuse of, personally iden- is not subject to further unauthorized disclo- (b) CONFORMING AND TECHNICAL AMEND- tifiable information; and sure; or MENTS.—The table of sections for chapter 47 (7) ensure that the Federal sentencing (ii) the release of a public record, or infor- of title 18, United States Code, is amended by guidelines adequately meet the purposes of mation derived from a single public record, adding at the end the following: sentencing under section 3553(a)(2) of title 18, not otherwise subject to confidentiality or ‘‘1040. Concealment of security breaches in- United States Code. nondisclosure requirement, or information volving personally identifiable (c) EMERGENCY AUTHORITY TO SENTENCING obtained from a news report or periodical. information.’’. COMMISSION.—The United States Sentencing (11) SENSITIVE PERSONALLY IDENTIFIABLE IN- (c) ENFORCEMENT AUTHORITY.— Commission may, as soon as practicable, FORMATION.—The term ‘‘sensitive personally (1) IN GENERAL.—The United States Secret promulgate amendments under this section identifiable information’’ means any infor- Service shall have the authority to inves- in accordance with procedures established in mation or compilation of information, in tigate offenses under this section. section 21(a) of the Sentencing Act of 1987 (28 electronic or digital form that includes— (2) NON-EXCLUSIVITY.—The authority grant- U.S.C. 994 note) as though the authority (A) an individual’s first and last name or ed in paragraph (1) shall not be exclusive of under that Act had not expired. first initial and last name in combination any existing authority held by any other TITLE II—DATA BROKERS with any 1 of the following data elements: Federal agency. SEC. 201. TRANSPARENCY AND ACCURACY OF (i) A non-truncated social security number, SEC. 103. REVIEW AND AMENDMENT OF FEDERAL DATA COLLECTION. driver’s license number, passport number, or SENTENCING GUIDELINES RELATED (a) IN GENERAL.—Data brokers engaging in alien registration number. TO FRAUDULENT ACCESS TO OR interstate commerce are subject to the re- (ii) Any 2 of the following: MISUSE OF DIGITIZED OR ELEC- quirements of this title for any product or (I) Home address or telephone number. TRONIC PERSONALLY IDENTIFIABLE service offered to third parties that allows (II) Mother’s maiden name, if identified as INFORMATION. access or use of sensitive personally identifi- such. (a) REVIEW AND AMENDMENT.—The United able information. (III) Month, day, and year of birth. States Sentencing Commission, pursuant to (b) LIMITATION.—Notwithstanding any (iii) Unique biometric data such as a finger its authority under section 994 of title 28, other provision of this title, this section print, voice print, a retina or iris image, or United States Code, and in accordance with shall not apply to— any other unique physical representation. this section, shall review and, if appropriate, (1) any product or service offered by a data (iv) A unique account identifier, electronic amend the Federal sentencing guidelines (in- broker engaging in interstate commerce identification number, user name, or routing cluding its policy statements) applicable to where such product or service is currently code in combination with any associated se- persons convicted of using fraud to access, or subject to, and in compliance with, access curity code, access code, or password that is misuse of, digitized or electronic personally and accuracy protections similar to those required for an individual to obtain money, identifiable information, including identity under subsections (c) through (f) of this sec- goods, services, or any other thing of value; theft or any offense under— tion under the Fair Credit Reporting Act or (1) sections 1028, 1028A, 1030, 1030A, 2511, (Public Law 91–508); (B) a financial account number or credit or and 2701 of title 18, United States Code; and (2) any data broker that is subject to regu- debit card number in combination with any (2) any other relevant provision. lation under the Gramm-Leach-Bliley Act security code, access code or password that (b) REQUIREMENTS.—In carrying out the re- (Public Law 106-102); is required for an individual to obtain credit, quirements of this section, the United States (3) any data broker currently subject to withdraw funds, or engage in a financial Sentencing Commission shall— and in compliance with the data security re- transaction. (1) ensure that the Federal sentencing quirements for such entities under the TITLE I—ENHANCING PUNISHMENT FOR guidelines (including its policy statements) Health Insurance Portability and Account- IDENTITY THEFT AND OTHER VIOLA- reflect— ability Act (Public Law 104–191), and its im- TIONS OF DATA PRIVACY AND SECURITY (A) the serious nature of the offenses and plementing regulations; penalties referred to in this Act; (4) information in a personal electronic SEC. 101. ORGANIZED CRIMINAL ACTIVITY IN (B) the growing incidences of theft and record that— CONNECTION WITH UNAUTHORIZED ACCESS TO PERSONALLY IDENTIFI- misuse of digitized or electronic personally (A) the data broker has identified as inac- ABLE INFORMATION. identifiable information, including identity curate, but maintains for the purpose of aid- Section 1961(1) of title 18, United States theft; and ing the data broker in preventing inaccurate Code, is amended by inserting ‘‘section (C) the need to deter, prevent, and punish information from entering an individual’s 1030(a)(2)(D) (relating to fraud and related such offenses; personal electronic record; and activity in connection with unauthorized ac- (2) consider the extent to which the Fed- (B) is not maintained primarily for the cess to sensitive personally identifiable in- eral sentencing guidelines (including its pol- purpose of transmitting or otherwise pro- formation as defined in the Personal Data icy statements) adequately address viola- viding that information, or assessments Privacy and Security Act of 2007,’’ before tions of the sections amended by this Act based on that information, to non-affiliated ‘‘section 1084’’. to— third parties; and

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.023 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1631

(5) information concerning proprietary (B) NOTICE.—A data broker shall notify an ceeding or civil action for a violation of this methodologies, techniques, scores, or algo- individual of a determination under subpara- title, no attorney general of a State may, rithms relating to fraud prevention not nor- graph (A) within a reasonable time by any during the pendency of such proceeding or mally provided to third parties in the ordi- means available to such data broker. civil action, bring an action under this sub- nary course of business. SEC. 202. ENFORCEMENT. section against any defendant named in such (c) DISCLOSURES TO INDIVIDUALS.— (a) CIVIL PENALTIES.— civil action for any violation that is alleged (1) IN GENERAL.—A data broker shall, upon (1) PENALTIES.—Any data broker that vio- in that civil action. the request of an individual, disclose to such lates the provisions of section 201 shall be (5) RULE OF CONSTRUCTION.—For purposes individual for a reasonable fee all personal subject to civil penalties of not more than of bringing any civil action under paragraph electronic records pertaining to that indi- $1,000 per violation per day while such viola- (1), nothing in this title shall be construed to vidual maintained specifically for disclosure tions persist, up to a maximum of $250,000 prevent an attorney general of a State from to third parties that request information on per violation. exercising the powers conferred on the attor- that individual in the ordinary course of (2) INTENTIONAL OR WILLFUL VIOLATION.—A ney general by the laws of that State to— business in the databases or systems of the data broker that intentionally or willfully (A) conduct investigations; data broker at the time of such request. violates the provisions of section 201 shall be (B) administer oaths and affirmations; or (2) INFORMATION ON HOW TO CORRECT INAC- subject to additional penalties in the amount (C) compel the attendance of witnesses or CURACIES.—The disclosures required under of $1,000 per violation per day, to a maximum the production of documentary and other paragraph (1) shall also include guidance to of an additional $250,000 per violation, while evidence. individuals on procedures for correcting in- such violations persist. (6) VENUE; SERVICE OF PROCESS.— accuracies. (3) EQUITABLE RELIEF.—A data broker en- (A) VENUE.—Any action brought under this gaged in interstate commerce that violates (d) ACCURACY RESOLUTION PROCESS.— subsection may be brought in the district this section may be enjoined from further (1) INFORMATION FROM A PUBLIC RECORD OR court of the United States that meets appli- violations by a court of competent jurisdic- LICENSOR.— cable requirements relating to venue under tion. (A) IN GENERAL.—If an individual notifies a section 1391 of title 28, United States Code. (4) OTHER RIGHTS AND REMEDIES.—The data broker of a dispute as to the complete- (B) SERVICE OF PROCESS.—In an action rights and remedies available under this sub- ness or accuracy of information disclosed to brought under this subsection process may section are cumulative and shall not affect such individual under subsection (c) that is be served in any district in which the defend- any other rights and remedies available obtained from a public record source or a li- ant— under law. cense agreement, such data broker shall de- (i) is an inhabitant; or (b) FEDERAL TRADE COMMISSION AUTHOR- (ii) may be found. termine within 30 days whether the informa- ITY.—Any data broker shall have the provi- tion in its system accurately and completely (d) NO PRIVATE CAUSE OF ACTION.—Nothing sions of this title enforced against it by the in this title establishes a private cause of ac- records the information available from the Federal Trade Commission. tion against a data broker for violation of public record source or licensor. (c) STATE ENFORCEMENT.— any provision of this title. (B) DATA BROKER ACTIONS.—If a data broker (1) CIVIL ACTIONS.—In any case in which the determines under subparagraph (A) that the attorney general of a State or any State or SEC. 203. RELATION TO STATE LAWS. information in its systems does not accu- local law enforcement agency authorized by No requirement or prohibition may be im- rately and completely record the informa- the State attorney general or by State stat- posed under the laws of any State with re- tion available from a public record source or ute to prosecute violations of consumer prospect to any subject matter regulated under licensor, the data broker shall— tection law, has reason to believe that an in- section 201, relating to individual access to, (i) correct any inaccuracies or incomplete- terest of the residents of that State has been and correction of, personal electronic ness, and provide to such individual written or is threatened or adversely affected by the records held by data brokers. notice of such changes; and acts or practices of a data broker that vio- SEC. 204. EFFECTIVE DATE. (ii) provide such individual with the con- late this title, the State may bring a civil This title shall take effect 180 days after tact information of the public record or li- action on behalf of the residents of that the date of enactment of this Act. censor. State in a district court of the United States TITLE III—PRIVACY AND SECURITY OF (2) INFORMATION NOT FROM A PUBLIC RECORD of appropriate jurisdiction, or any other PERSONALLY IDENTIFIABLE INFORMA- SOURCE OR LICENSOR.—If an individual noti- court of competent jurisdiction, to— TION fies a data broker of a dispute as to the com- (A) enjoin that act or practice; pleteness or accuracy of information not (B) enforce compliance with this title; or Subtitle A—A Data Privacy and Security from a public record or licensor that was dis- (C) obtain civil penalties of not more than Program closed to the individual under subsection (c), $1,000 per violation per day while such viola- SEC. 301. PURPOSE AND APPLICABILITY OF DATA the data broker shall, within 30 days of re- tions persist, up to a maximum of $250,000 PRIVACY AND SECURITY PROGRAM. ceiving notice of such dispute— per violation. (a) PURPOSE.—The purpose of this subtitle (A) review and consider free of charge any (2) NOTICE.— is to ensure standards for developing and im- information submitted by such individual (A) IN GENERAL.—Before filing an action plementing administrative, technical, and that is relevant to the completeness or accu- under this subsection, the attorney general physical safeguards to protect the security racy of the disputed information; and of the State involved shall provide to the of sensitive personally identifiable informa- (B) correct any information found to be in- Federal Trade Commission— tion. complete or inaccurate and provide notice to (i) a written notice of that action; and (b) IN GENERAL.—A business entity engag- such individual of whether and what infor- (ii) a copy of the complaint for that action. ing in interstate commerce that involves mation was corrected, if any. (B) EXCEPTION.—Subparagraph (A) shall collecting, accessing, transmitting, using, (3) EXTENSION OF REVIEW PERIOD.—The 30- not apply with respect to the filing of an ac- storing, or disposing of sensitive personally day period described in paragraph (1) may be tion by an attorney general of a State under identifiable information in electronic or dig- extended for not more than 30 additional this subsection, if the attorney general of a ital form on 10,000 or more United States days if a data broker receives information State determines that it is not feasible to persons is subject to the requirements for a from the individual during the initial 30-day provide the notice described in subparagraph data privacy and security program under period that is relevant to the completeness (A) before the filing of the action. section 302 for protecting sensitive person- or accuracy of any disputed information. (C) NOTIFICATION WHEN PRACTICABLE.—In an ally identifiable information. (4) NOTICE IDENTIFYING THE DATA FUR- action described under subparagraph (B), the (c) LIMITATIONS.—Notwithstanding any NISHER.—If the completeness or accuracy of attorney general of a State shall provide the other obligation under this subtitle, this any information not from a public record written notice and the copy of the complaint subtitle does not apply to: source or licensor that was disclosed to an to the Federal Trade Commission as soon (1) FINANCIAL INSTITUTIONS.—Financial in- individual under subsection (c) is disputed by after the filing of the complaint as prac- stitutions— such individual, the data broker shall pro- ticable. (A) subject to the data security require- vide, upon the request of such individual, the (3) FEDERAL TRADE COMMISSION AUTHOR- ments and implementing regulations under contact information of any data furnisher ITY.—Upon receiving notice under paragraph the Gramm-Leach-Bliley Act (15 U.S.C. 6801 that provided the disputed information. (2), the Federal Trade Commission shall have et seq.); and (5) DETERMINATION THAT DISPUTE IS FRIVO- the right to— (B) subject to— LOUS OR IRRELEVANT.— (A) move to stay the action, pending the (i) examinations for compliance with the (A) IN GENERAL.—Notwithstanding para- final disposition of a pending Federal pro- requirements of this Act by a Federal Func- graphs (1) through (3), a data broker may de- ceeding or action as described in paragraph tional Regulator or State Insurance Author- cline to investigate or terminate a review of (4); ity (as those terms are defined in section 509 information disputed by an individual under (B) intervene in an action brought under of the Gramm-Leach-Bliley Act (15 U.S.C. those paragraphs if the data broker reason- paragraph (1); and 6809)); or ably determines that the dispute by the indi- (C) file petitions for appeal. (ii) compliance with part 314 of title 16, vidual is frivolous or intended to perpetrate (4) PENDING PROCEEDINGS.—If the Federal Code of Federal Regulations. fraud. Trade Commission has instituted a pro- (2) HIPPA REGULATED ENTITIES.—

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.023 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1632 CONGRESSIONAL RECORD — SENATE February 6, 2007

(A) COVERED ENTITIES.—Covered entities access, disclosure, use, or alteration of sen- (1) technology; subject to the Health Insurance Portability sitive personally identifiable information; (2) the sensitivity of personally identifi- and Accountability Act of 1996 (42 U.S.C. 1301 and able information; et seq.), including the data security require- (D) assess the vulnerability of sensitive (3) internal or external threats to person- ments and implementing regulations of that personally identifiable information during ally identifiable information; and Act. destruction and disposal of such information, (4) the changing business arrangements of (B) BUSINESS ENTITIES.—A business entity including through the disposal or retirement the business entity, such as— shall be deemed in compliance with the pri- of hardware. (A) mergers and acquisitions; vacy and security program requirements (4) RISK MANAGEMENT AND CONTROL.—Each (B) alliances and joint ventures; under section 302 if the business entity is business entity shall— (C) outsourcing arrangements; acting as a ‘‘business associate’’ as that term (A) design its personal data privacy and se- (D) bankruptcy; and is defined in the Health Insurance Port- curity program to control the risks identi- (E) changes to sensitive personally identi- ability and Accountability Act of 1996 (42 fied under paragraph (3); and fiable information systems. U.S.C. 1301 et. seq.) and is in compliance with (B) adopt measures commensurate with the (f) IMPLEMENTATION TIME LINE.—Not later requirements imposed under that Act and its sensitivity of the data as well as the size, than 1 year after the date of enactment of implementing regulations. complexity, and scope of the activities of the this Act, a business entity subject to the pro- (3) PUBLIC RECORDS.—Public records not business entity that— visions of this subtitle shall implement a otherwise subject to a confidentiality or (i) control access to systems and facilities data privacy and security program pursuant nondisclosure requirement, or information containing sensitive personally identifiable to this subtitle. obtained from a news report or periodical. information, including controls to authen- SEC. 303. ENFORCEMENT. (d) SAFE HARBORS.— ticate and permit access only to authorized (a) CIVIL PENALTIES.— (1) IN GENERAL.—A business entity shall be individuals; deemed in compliance with the privacy and (1) IN GENERAL.—Any business entity that (ii) detect actual and attempted fraudu- violates the provisions of sections 301 or 302 security program requirements under section lent, unlawful, or unauthorized access, dis- 302 if the business entity complies with or shall be subject to civil penalties of not more closure, use, or alteration of sensitive per- than $5,000 per violation per day while such provides protection equal to industry stand- sonally identifiable information, including ards, as identified by the Federal Trade Com- a violation exists, with a maximum of by employees and other individuals other- $500,000 per violation. mission, that are applicable to the type of wise authorized to have access; sensitive personally identifiable information (2) INTENTIONAL OR WILLFUL VIOLATION.—A (iii) protect sensitive personally identifi- business entity that intentionally or will- involved in the ordinary course of business of able information during use, transmission, such business entity. fully violates the provisions of sections 301 storage, and disposal by encryption or other or 302 shall be subject to additional penalties (2) LIMITATION.—Nothing in this subsection reasonable means (including as directed for shall be construed to permit, and nothing in the amount of $5,000 per violation per day disposal of records under section 628 of the while such a violation exists, with a max- does permit, the Federal Trade Commission Fair Credit Reporting Act (15 U.S.C. 1681w) to issue regulations requiring, or according imum of an additional $500,000 per violation. and the implementing regulations of such (3) EQUITABLE RELIEF.—A business entity greater legal status to, the implementation Act as set forth in section 682 of title 16, of or application of a specific technology or engaged in interstate commerce that vio- Code of Federal Regulations); and lates this section may be enjoined from fur- technological specifications for meeting the (iv) ensure that sensitive personally identi- requirements of this title. ther violations by a court of competent ju- fiable information is properly destroyed and risdiction. SEC. 302. REQUIREMENTS FOR A PERSONAL disposed of, including during the destruction (4) OTHER RIGHTS AND REMEDIES.—The DATA PRIVACY AND SECURITY PRO- of computers, diskettes, and other electronic GRAM. rights and remedies available under this sec- media that contain sensitive personally (a) PERSONAL DATA PRIVACY AND SECURITY tion are cumulative and shall not affect any identifiable information. PROGRAM.—A business entity subject to this other rights and remedies available under (b) TRAINING.—Each business entity sub- subtitle shall comply with the following law. ject to this subtitle shall take steps to en- safeguards and any other administrative, (b) FEDERAL TRADE COMMISSION AUTHOR- sure employee training and supervision for technical, or physical safeguards identified ITY.—Any data broker shall have the provi- implementation of the data security pro- by the Federal Trade Commission in a rule- sions of this subtitle enforced against it by gram of the business entity. making process pursuant to section 553 of the Federal Trade Commission. (c) VULNERABILITY TESTING.— title 5, United States Code, for the protec- (c) STATE ENFORCEMENT.— (1) IN GENERAL.—Each business entity sub- (1) CIVIL ACTIONS.—In any case in which the tion of sensitive personally identifiable in- ject to this subtitle shall take steps to en- formation: attorney general of a State or any State or sure regular testing of key controls, sys- (1) SCOPE.—A business entity shall imple- local law enforcement agency authorized by tems, and procedures of the personal data ment a comprehensive personal data privacy the State attorney general or by State stat- privacy and security program to detect, pre- and security program that includes adminis- ute to prosecute violations of consumer pro- vent, and respond to attacks or intrusions, trative, technical, and physical safeguards tection law, has reason to believe that an in- or other system failures. appropriate to the size and complexity of the terest of the residents of that State has been (2) FREQUENCY.—The frequency and nature business entity and the nature and scope of or is threatened or adversely affected by the of the tests required under paragraph (1) its activities. acts or practices of a data broker that vio- shall be determined by the risk assessment (2) DESIGN.—The personal data privacy and late this subtitle, the State may bring a civil of the business entity under subsection security program shall be designed to— action on behalf of the residents of that (a)(3). (A) ensure the privacy, security, and con- (d) RELATIONSHIP TO SERVICE PROVIDERS.— State in a district court of the United States fidentiality of sensitive personally identi- In the event a business entity subject to this of appropriate jurisdiction, or any other fying information; subtitle engages service providers not sub- court of competent jurisdiction, to— (B) protect against any anticipated ject to this subtitle, such business entity (A) enjoin that act or practice; vulnerabilities to the privacy, security, or shall— (B) enforce compliance with this subtitle; integrity of sensitive personally identifying (1) exercise appropriate due diligence in se- or information; and lecting those service providers for respon- (C) obtain civil penalties of not more than (C) protect against unauthorized access to sibilities related to sensitive personally $5,000 per violation per day while such viola- use of sensitive personally identifying infor- identifiable information, and take reason- tions persist, up to a maximum of $500,000 mation that could result in substantial harm able steps to select and retain service proper violation. or inconvenience to any individual. viders that are capable of maintaining ap- (2) NOTICE.— (3) RISK ASSESSMENT.—A business entity propriate safeguards for the security, pri- (A) IN GENERAL.—Before filing an action shall— vacy, and integrity of the sensitive person- under this subsection, the attorney general (A) identify reasonably foreseeable inter- ally identifiable information at issue; and of the State involved shall provide to the nal and external vulnerabilities that could (2) require those service providers by con- Federal Trade Commission— result in unauthorized access, disclosure, tract to implement and maintain appro- (i) a written notice of that action; and use, or alteration of sensitive personally priate measures designed to meet the objec- (ii) a copy of the complaint for that action. identifiable information or systems con- tives and requirements governing entities (B) EXCEPTION.—Subparagraph (A) shall taining sensitive personally identifiable in- subject to section 301, this section, and sub- not apply with respect to the filing of an ac- formation; title B. tion by an attorney general of a State under (B) assess the likelihood of and potential (e) PERIODIC ASSESSMENT AND PERSONAL this subsection, if the attorney general of a damage from unauthorized access, disclo- DATA PRIVACY AND SECURITY MODERNIZA- State determines that it is not feasible to sure, use, or alteration of sensitive person- TION.—Each business entity subject to this provide the notice described in this subpara- ally identifiable information; subtitle shall on a regular basis monitor, graph before the filing of the action. (C) assess the sufficiency of its policies, evaluate, and adjust, as appropriate its data (C) NOTIFICATION WHEN PRACTICABLE.—In an technologies, and safeguards in place to con- privacy and security program in light of any action described under subparagraph (B), the trol and minimize risks from unauthorized relevant changes in— attorney general of a State shall provide the

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.023 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1633

written notice and the copy of the complaint (2) NOTICE BY OWNER, LICENSEE OR OTHER tification, shall be immediately provided to to the Federal Trade Commission as soon DESIGNATED THIRD PARTY.—Nothing in this the United States Secret Service. after the filing of the complaint as prac- subtitle shall prevent or abrogate an agree- (b) SAFE HARBOR.—An agency or business ticable. ment between an agency or business entity entity will be exempt from the notice re- (3) FEDERAL TRADE COMMISSION AUTHOR- required to give notice under this section quirements under section 311, if— ITY.—Upon receiving notice under paragraph and a designated third party, including an (1) a risk assessment concludes that there (2), the Federal Trade Commission shall have owner or licensee of the sensitive personally is no significant risk that the security the right to— identifiable information subject to the secu- breach has resulted in, or will result in, (A) move to stay the action, pending the rity breach, to provide the notifications re- harm to the individuals whose sensitive per- final disposition of a pending Federal pro- quired under subsection (a). sonally identifiable information was subject ceeding or action as described in paragraph (3) BUSINESS ENTITY RELIEVED FROM GIVING to the security breach; (4); NOTICE.—A business entity obligated to give (2) without unreasonable delay, but not (B) intervene in an action brought under notice under subsection (a) shall be relieved later than 45 days after the discovery of a se- paragraph (1); and of such obligation if an owner or licensee of curity breach, unless extended by the United (C) file petitions for appeal. the sensitive personally identifiable informa- States Secret Service, the agency or business (4) PENDING PROCEEDINGS.—If the Federal tion subject to the security breach, or other entity notifies the United States Secret Trade Commission has instituted a pro- designated third party, provides such notifi- Service, in writing, of— ceeding or action for a violation of this sub- cation. (A) the results of the risk assessment; and title or any regulations thereunder, no attor- (c) TIMELINESS OF NOTIFICATION.— (B) its decision to invoke the risk assess- ney general of a State may, during the pend- (1) IN GENERAL.—All notifications required ment exemption; and ency of such proceeding or action, bring an under this section shall be made without un- (3) the United States Secret Service does action under this subsection against any de- reasonable delay following the discovery by not indicate, in writing, within 10 days from fendant named in such criminal proceeding the agency or business entity of a security receipt of the decision, that notice should be or civil action for any violation that is al- breach. given. (c) FINANCIAL FRAUD PREVENTION EXEMP- leged in that proceeding or action. (2) REASONABLE DELAY.—Reasonable delay TION.— (5) RULE OF CONSTRUCTION.—For purposes under this subsection may include any time (1) IN GENERAL.—A business entity will be of bringing any civil action under paragraph necessary to determine the scope of the secu- exempt from the notice requirement under (1) nothing in this subtitle shall be construed rity breach, prevent further disclosures, and to prevent an attorney general of a State section 311 if the business entity utilizes or restore the reasonable integrity of the data participates in a security program that— from exercising the powers conferred on the system and provide notice to law enforce- attorney general by the laws of that State (A) is designed to block the use of the sen- ment when required. sitive personally identifiable information to to— (3) BURDEN OF PROOF.—The agency, busi- (A) conduct investigations; initiate unauthorized financial transactions ness entity, owner, or licensee required to before they are charged to the account of the (B) administer oaths and affirmations; or provide notification under this section shall (C) compel the attendance of witnesses or individual; and have the burden of demonstrating that all (B) provides for notice to affected individ- the production of documentary and other notifications were made as required under evidence. uals after a security breach that has resulted this subtitle, including evidence dem- in fraud or unauthorized transactions. (6) VENUE; SERVICE OF PROCESS.— onstrating the reasons for any delay. (2) LIMITATION.—The exemption by this (A) VENUE.—Any action brought under this (d) DELAY OF NOTIFICATION AUTHORIZED FOR subsection does not apply if the information subsection may be brought in the district LAW ENFORCEMENT PURPOSES.— court of the United States that meets appli- subject to the security breach includes sen- (1) IN GENERAL.—If a Federal law enforce- sitive personally identifiable information in cable requirements relating to venue under ment agency determines that the notifica- addition to the sensitive personally identifi- section 1391 of title 28, United States Code. tion required under this section would im- able information identified in section 3. (B) SERVICE OF PROCESS.—In an action pede a criminal investigation, such notifica- brought under this subsection process may SEC. 313. METHODS OF NOTICE. tion shall be delayed upon written notice An agency, or business entity shall be in be served in any district in which the defend- from such Federal law enforcement agency ant— compliance with section 311 if it provides to the agency or business entity that experi- both: (i) is an inhabitant; or enced the breach. (1) INDIVIDUAL NOTICE.— (ii) may be found. (2) EXTENDED DELAY OF NOTIFICATION.—If (A) Written notification to the last known (d) NO PRIVATE CAUSE OF ACTION.—Nothing the notification required under subsection in this subtitle establishes a private cause of home mailing address of the individual in (a) is delayed pursuant to paragraph (1), an the records of the agency or business entity; action against a business entity for violation agency or business entity shall give notice 30 of any provision of this subtitle. (B) Telephone notice to the individual per- days after the day such law enforcement sonally; or SEC. 304. RELATION TO OTHER LAWS. delay was invoked unless a Federal law en- (a) IN GENERAL.—No State may require any (C) Electronic notice, if the primary meth- forcement agency provides written notifica- od used by the agency or business entity to business entity subject to this subtitle to tion that further delay is necessary. comply with any requirements with respect communicate with the individual is by elec- (3) LAW ENFORCEMENT IMMUNITY.—No cause to administrative, technical, and physical tronic means, or the individual has con- of action shall lie in any court against any safeguards for the protection of sensitive sented to receive such notice and the notice law enforcement agency for acts relating to personally identifying information. is consistent with the provisions permitting the delay of notification for law enforcement (b) LIMITATIONS.—Nothing in this subtitle electronic transmission of notices under sec- shall be construed to modify, limit, or super- purposes under this subtitle. tion 101 of the Electronic Signatures in Glob- sede the operation of the Gramm-Leach-Bli- SEC. 312. EXEMPTIONS. al and National Commerce Act (15 U.S.C. ley Act or its implementing regulations, in- (a) EXEMPTION FOR NATIONAL SECURITY AND 7001). cluding those adopted or enforced by States. LAW ENFORCEMENT.— (2) MEDIA NOTICE.—Notice to major media Subtitle B—Security Breach Notification (1) IN GENERAL.—Section 311 shall not outlets serving a State or jurisdiction, if the SEC. 311. NOTICE TO INDIVIDUALS. apply to an agency or business entity if the number of residents of such State whose sen- (a) IN GENERAL.—Any agency, or business agency or business entity certifies, in writ- sitive personally identifiable information entity engaged in interstate commerce, that ing, that notification of the security breach was, or is reasonably believed to have been, uses, accesses, transmits, stores, disposes of as required by section 311 reasonably could acquired by an unauthorized person exceeds or collects sensitive personally identifiable be expected to— 5,000. information shall, following the discovery of (A) cause damage to the national security; SEC. 314. CONTENT OF NOTIFICATION. a security breach of the systems or data- or (a) IN GENERAL.—Regardless of the method bases of such agency or business entity no- (B) hinder a law enforcement investigation by which notice is provided to individuals tify any resident of the United States whose or the ability of the agency to conduct law under section 313, such notice shall include, sensitive personally identifiable information enforcement investigations. to the extent possible— has been, or is reasonably believed to have (2) LIMITS ON CERTIFICATIONS.—An agency (1) a description of the categories of sen- been, accessed, or acquired. may not execute a certification under para- sitive personally identifiable information (b) OBLIGATION OF OWNER OR LICENSEE.— graph (1) to— that was, or is reasonably believed to have (1) NOTICE TO OWNER OR LICENSEE.—Any (A) conceal violations of law, inefficiency, been, acquired by an unauthorized person; agency, or business entity engaged in inter- or administrative error; (2) a toll-free number or, if the primary state commerce, that uses, accesses, trans- (B) prevent embarrassment to a business method used by the agency or business enti- mits, stores, disposes of, or collects sensitive entity, organization, or agency; or ty to communicate with the individual is by personally identifiable information that the (C) restrain competition. electronic means, an electronic mail ad- agency or business entity does not own or li- (3) NOTICE.—In every case in which an dress— cense shall notify the owner or licensee of agency issues a certification under para- (A) that the individual may use to contact the information following the discovery of a graph (1), the certification, accompanied by the agency or business entity, or the agent security breach involving such information. a description of the factual basis for the cer- of the agency or business entity; and

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.023 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1634 CONGRESSIONAL RECORD — SENATE February 6, 2007 (B) from which the individual may learn quired by an unauthorized person, up to a (1) move to stay the action, pending the what types of sensitive personally identifi- maximum of $1,000,000 per violation, unless final disposition of a pending Federal pro- able information the agency or business enti- such conduct is found to be willful or inten- ceeding or action; ty maintained about that individual; and tional. (2) initiate an action in the appropriate (3) the toll-free contact telephone numbers (b) INJUNCTIVE ACTIONS BY THE ATTORNEY United States district court under section and addresses for the major credit reporting GENERAL.— 317 and move to consolidate all pending ac- agencies. (1) IN GENERAL.—If it appears that a busi- tions, including State actions, in such court; (b) ADDITIONAL CONTENT.—Notwithstanding ness entity has engaged, or is engaged, in (3) intervene in an action brought under section 319, a State may require that a no- any act or practice constituting a violation subsection (a)(2); and tice under subsection (a) shall also include of this subtitle, the Attorney General may (4) file petitions for appeal. information regarding victim protection as- petition an appropriate district court of the (c) PENDING PROCEEDINGS.—If the Attorney sistance provided for by that State. United States for an order— General has instituted a proceeding or action SEC. 315. COORDINATION OF NOTIFICATION (A) enjoining such act or practice; or for a violation of this subtitle or any regula- WITH CREDIT REPORTING AGEN- (B) enforcing compliance with this sub- tions thereunder, no attorney general of a CIES. title. State may, during the pendency of such pro- If an agency or business entity is required (2) ISSUANCE OF ORDER.—A court may issue ceeding or action, bring an action under this to provide notification to more than 1,000 in- an order under paragraph (1), if the court subtitle against any defendant named in dividuals under section 311(a), the agency or finds that the conduct in question con- such criminal proceeding or civil action for business entity shall also notify, without un- stitutes a violation of this subtitle. any violation that is alleged in that pro- reasonable delay, all consumer reporting ceeding or action. (c) OTHER RIGHTS AND REMEDIES.—The agencies that compile and maintain files on (d) CONSTRUCTION.—For purposes of bring- rights and remedies available under this sub- consumers on a nationwide basis (as defined ing any civil action under subsection (a), title are cumulative and shall not affect any in section 603(p) of the Fair Credit Reporting nothing in this subtitle regarding notifica- other rights and remedies available under Act (15 U.S.C. 1681a(p)) of the timing and dis- tion shall be construed to prevent an attor- law. tribution of the notices. ney general of a State from exercising the (d) FRAUD ALERT.—Section 605A(b)(1) of the powers conferred on such attorney general SEC. 316. NOTICE TO LAW ENFORCEMENT. Fair Credit Reporting Act (15 U.S.C. 1681c– by the laws of that State to— (a) SECRET SERVICE.—Any business entity 1(b)(1)) is amended by inserting ‘‘, or evi- (1) conduct investigations; or agency shall give notice of a security dence that the consumer has received notice (2) administer oaths or affirmations; or breach to the United States Secret Service that the consumer’s financial information (3) compel the attendance of witnesses or if— has or may have been compromised,’’ after the production of documentary and other (1) the number of individuals whose sen- ‘‘identity theft report’’. evidence. sitive personally identifying information (e) VENUE; SERVICE OF PROCESS.— was, or is reasonably believed to have been SEC. 318. ENFORCEMENT BY STATE ATTORNEYS GENERAL. (1) VENUE.—Any action brought under sub- acquired by an unauthorized person exceeds section (a) may be brought in— (a) IN GENERAL.— 10,000; (A) the district court of the United States (1) CIVIL ACTIONS.—In any case in which the (2) the security breach involves a database, that meets applicable requirements relating attorney general of a State or any State or networked or integrated databases, or other to venue under section 1391 of title 28, United local law enforcement agency authorized by data system containing the sensitive person- States Code; or the State attorney general or by State stat- ally identifiable information of more than (B) another court of competent jurisdic- ute to prosecute violations of consumer pro- 1,000,000 individuals nationwide; tion. (3) the security breach involves databases tection law, has reason to believe that an in- (2) SERVICE OF PROCESS.—In an action owned by the Federal Government; or terest of the residents of that State has been brought under subsection (a), process may be (4) the security breach involves primarily or is threatened or adversely affected by the served in any district in which the defend- sensitive personally identifiable information engagement of a business entity in a practice ant— of individuals known to the agency or busi- that is prohibited under this subtitle, the (A) is an inhabitant; or ness entity to be employees and contractors State or the State or local law enforcement (B) may be found. of the Federal Government involved in na- agency on behalf of the residents of the agen- (f) NO PRIVATE CAUSE OF ACTION.—Nothing tional security or law enforcement. cy’s jurisdiction, may bring a civil action on in this subtitle establishes a private cause of (b) NOTICE TO OTHER LAW ENFORCEMENT behalf of the residents of the State or juris- action against a business entity for violation AGENCIES.—The United States Secret Service diction in a district court of the United of any provision of this subtitle. shall be responsible for notifying— States of appropriate jurisdiction or any SEC. 319. EFFECT ON FEDERAL AND STATE LAW. (1) the Federal Bureau of Investigation, if other court of competent jurisdiction, in- The provisions of this subtitle shall super- the security breach involves espionage, for- cluding a State court, to— sede any other provision of Federal law or eign counterintelligence, information pro- (A) enjoin that practice; any provision of law of any State relating to tected against unauthorized disclosure for (B) enforce compliance with this subtitle; notification of a security breach, except as reasons of national defense or foreign rela- or provided in section 314(b). tions, or Restricted Data (as that term is de- (C) civil penalties of not more than $1,000 SEC. 320. AUTHORIZATION OF APPROPRIATIONS. fined in section 11y of the Atomic Energy per day per individual whose sensitive per- There are authorized to be appropriated Act of 1954 (42 U.S.C. 2014(y)), except for of- sonally identifiable information was, or is such sums as may be necessary to cover the fenses affecting the duties of the United reasonably believed to have been, accessed or costs incurred by the United States Secret States Secret Service under section 3056(a) of acquired by an unauthorized person, up to a Service to carry out investigations and risk title 18, United States Code; maximum of $1,000,000 per violation, unless assessments of security breaches as required (2) the United States Postal Inspection such conduct is found to be willful or inten- under this subtitle. Service, if the security breach involves mail tional. SEC. 321. REPORTING ON RISK ASSESSMENT EX- fraud; and (2) NOTICE.— EMPTIONS. (3) the attorney general of each State af- (A) IN GENERAL.—Before filing an action The United States Secret Service shall re- fected by the security breach. under paragraph (1), the attorney general of port to Congress not later than 18 months (c) 14-DAY RULE.—The notices to Federal the State involved shall provide to the At- after the date of enactment of this Act, and law enforcement and the attorney general of torney General of the United States— upon the request by Congress thereafter, each State affected by a security breach re- (i) written notice of the action; and on— quired under this section shall be delivered (ii) a copy of the complaint for the action. (1) the number and nature of the security as promptly as possible, but not later than 14 (B) EXEMPTION.— breaches described in the notices filed by days after discovery of the events requiring (i) IN GENERAL.—Subparagraph (A) shall those business entities invoking the risk as- notice. not apply with respect to the filing of an ac- sessment exemption under section 312(b) and SEC. 317. ENFORCEMENT. tion by an attorney general of a State under the response of the United States Secret (a) CIVIL ACTIONS BY THE ATTORNEY GEN- this subtitle, if the State attorney general Service to such notices; and ERAL.—The Attorney General may bring a determines that it is not feasible to provide (2) the number and nature of security civil action in the appropriate United States the notice described in such subparagraph breaches subject to the national security and district court against any business entity before the filing of the action. law enforcement exemptions under section that engages in conduct constituting a viola- (ii) NOTIFICATION.—In an action described 312(a), provided that such report may not tion of this subtitle and, upon proof of such in clause (i), the attorney general of a State disclose the contents of any risk assessment conduct by a preponderance of the evidence, shall provide notice and a copy of the com- provided to the United States Secret Service such business entity shall be subject to a plaint to the Attorney General at the time pursuant to this subtitle. civil penalty of not more than $1,000 per day the State attorney general files the action. SEC. 322. EFFECTIVE DATE. per individual whose sensitive personally (b) FEDERAL PROCEEDINGS.—Upon receiving This subtitle shall take effect on the expi- identifiable information was, or is reason- notice under subsection (a)(2), the Attorney ration of the date which is 90 days after the ably believed to have been, accessed or ac- General shall have the right to— date of enactment of this Act.

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.023 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1635 TITLE IV—GOVERNMENT ACCESS TO AND tractors or third party business entities sup- mation being provided to the Federal depart- USE OF COMMERCIAL DATA porting the information systems or oper- ment or agency is inaccurate, and provides SEC. 401. GENERAL SERVICES ADMINISTRATION ations of the agency involving personally such inaccurate information; and REVIEW OF CONTRACTS. identifiable information (as that term is de- (B) requiring a data broker that engages (a) IN GENERAL.—In considering contract fined in section 3 of the Personal Data Pri- service providers not subject to subtitle A of awards totaling more than $500,000 and en- vacy and Security Act of 2007) and ensuring title III for responsibilities related to sen- tered into after the date of enactment of this remedial action to address any significant sitive personally identifiable information Act with data brokers, the Administrator of deficiencies.’’. to— the General Services Administration shall SEC. 403. PRIVACY IMPACT ASSESSMENT OF GOV- (i) exercise appropriate due diligence in se- evaluate— ERNMENT USE OF COMMERCIAL IN- lecting those service providers for respon- (1) the data privacy and security program FORMATION SERVICES CONTAINING sibilities related to personally identifiable of a data broker to ensure the privacy and PERSONALLY IDENTIFIABLE INFOR- information; security of data containing personally iden- MATION. (ii) take reasonable steps to select and re- (a) IN GENERAL.—Section 208(b)(1) of the E- tifiable information, including whether such tain service providers that are capable of Government Act of 2002 (44 U.S.C. 3501 note) program adequately addresses privacy and maintaining appropriate safeguards for the is amended— security threats created by malicious soft- security, privacy, and integrity of the per- (1) in subparagraph (A)(i), by striking ‘‘or’’; ware or code, or the use of peer-to-peer file sonally identifiable information at issue; and and sharing software; (iii) require such service providers, by con- (2) in subparagraph (A)(ii), by striking the (2) the compliance of a data broker with tract, to implement and maintain appro- period and inserting ‘‘; or’’; and such program; priate measures designed to meet the objec- (3) by inserting after clause (ii) the fol- (3) the extent to which the databases and tives and requirements in title III. lowing: systems containing personally identifiable (c) LIMITATION ON PENALTIES.—The pen- ‘‘(iii) purchasing or subscribing for a fee to information of a data broker have been com- alties under subsection (b)(3)(A) shall not personally identifiable information from a promised by security breaches; and apply to a data broker providing information data broker (as such terms are defined in (4) the response by a data broker to such that is accurately and completely recorded section 3 of the Personal Data Privacy and breaches, including the efforts by such data from a public record source. Security Act of 2007).’’. broker to mitigate the impact of such secu- (d) STUDY OF GOVERNMENT USE.— (b) LIMITATION.—Notwithstanding any (1) SCOPE OF STUDY.—Not later than 180 rity breaches. other provision of law, commencing 1 year (b) COMPLIANCE SAFE HARBOR.—The data days after the date of enactment of this Act, after the date of enactment of this Act, no privacy and security program of a data Federal agency may enter into a contract the Comptroller General of the United States broker shall be deemed sufficient for the pur- with a data broker to access for a fee any shall conduct a study and audit and prepare poses of subsection (a), if the data broker database consisting primarily of personally a report on Federal agency use of data bro- complies with or provides protection equal identifiable information concerning United kers or commercial databases containing to industry standards, as identified by the States persons (other than news reporting or personally identifiable information, includ- Federal Trade Commission, that are applica- telephone directories) unless the head of ing the impact on privacy and security, and ble to the type of personally identifiable in- such department or agency— the extent to which Federal contracts information involved in the ordinary course of (1) completes a privacy impact assessment clude sufficient provisions to ensure privacy business of such data broker. under section 208 of the E–Government Act and security protections, and penalties for (c) PENALTIES.—In awarding contracts with failures in privacy and security practices. data brokers for products or services related of 2002 (44 U.S.C. 3501 note), which shall subject to the provision in that Act pertaining (2) REPORT.—A copy of the report required to access, use, compilation, distribution, under paragraph (1) shall be submitted to processing, analyzing, or evaluating person- to sensitive information, include a description of— Congress. ally identifiable information, the Adminis- SEC. 404. IMPLEMENTATION OF CHIEF PRIVACY trator of the General Services Administra- (A) such database; (B) the name of the data broker from OFFICER REQUIREMENTS. tion shall— (a) DESIGNATION OF THE CHIEF PRIVACY OF- (1) include monetary or other penalties— whom it is obtained; and (C) the amount of the contract for use; FICER.—Pursuant to the requirements under (A) for failure to comply with subtitles A section 522 of the Transportation, Treasury, and B of title III; or (2) adopts regulations that specify— (A) the personnel permitted to access, ana- Independent Agencies, and General Govern- (B) if a contractor knows or has reason to ment Appropriations Act, 2005 (division H of know that the personally identifiable infor- lyze, or otherwise use such databases; (B) standards governing the access, anal- Public Law 108–447; 118 Stat. 3199) that each mation being provided is inaccurate, and agency designate a Chief Privacy Officer, the provides such inaccurate information; and ysis, or use of such databases; (C) any standards used to ensure that the Department of Justice shall implement such (2) require a data broker that engages serv- requirements by designating a department- ice providers not subject to subtitle A of personally identifiable information accessed, analyzed, or used is the minimum necessary wide Chief Privacy Officer, whose primary title III for responsibilities related to sen- role shall be to fulfill the duties and respon- sitive personally identifiable information to accomplish the intended legitimate purpose of the Federal agency; sibilities of Chief Privacy Officer and who to— shall report directly to the Deputy Attorney (A) exercise appropriate due diligence in (D) standards limiting the retention and redisclosure of personally identifiable infor- General. selecting those service providers for respon- (b) DUTIES AND RESPONSIBILITIES OF CHIEF sibilities related to personally identifiable mation obtained from such databases; (E) procedures ensuring that such data PRIVACY OFFICER.—In addition to the duties information; and responsibilities outlined under section (B) take reasonable steps to select and re- meet standards of accuracy, relevance, completeness, and timeliness; 522 of the Transportation, Treasury, Inde- tain service providers that are capable of pendent Agencies, and General Government maintaining appropriate safeguards for the (F) the auditing and security measures to protect against unauthorized access, anal- Appropriations Act, 2005 (division H of Pub- security, privacy, and integrity of the per- lic Law 108–447; 118 Stat. 3199), the Depart- sonally identifiable information at issue; and ysis, use, or modification of data in such databases; ment of Justice Chief Privacy Officer shall— (C) require such service providers, by con- (1) oversee the Department of Justice’s im- tract, to implement and maintain appro- (G) applicable mechanisms by which individuals may secure timely redress for any plementation of the requirements under sec- priate measures designed to meet the objection 403 to conduct privacy impact assess- tives and requirements in title III. adverse consequences wrongly incurred due to the access, analysis, or use of such data- ments of the use of commercial data con- (d) LIMITATION.—The penalties under sub- taining personally identifiable information section (c) shall not apply to a data broker bases; (H) mechanisms, if any, for the enforce- by the Department; and providing information that is accurately and (2) coordinate with the Privacy and Civil completely recorded from a public record ment and independent oversight of existing or planned procedures, policies, or guide- Liberties Oversight Board, established in the source or licensor. Intelligence Reform and Terrorism Preven- SEC. 402. REQUIREMENT TO AUDIT INFORMA- lines; and (I) an outline of enforcement mechanisms tion Act of 2004 (Public Law 108–458), in im- TION SECURITY PRACTICES OF CON- plementing this section. TRACTORS AND THIRD PARTY BUSI- for accountability to protect individuals and NESS ENTITIES. the public against unlawful or illegitimate Mr. SPECTER. Mr. President, I seek Section 3544(b) of title 44, United States access or use of databases; and recognition today to discuss the Per- Code, is amended— (3) incorporates into the contract or other sonal Data Privacy and Security Act of (1) in paragraph (7)(C)(iii), by striking agreement totaling more than $500,000, provi- 2007, which I am introducing with Sen- ‘‘and’’ after the semicolon; sions— ator LEAHY. Not long ago, personal in- (2) in paragraph (8), by striking the period (A) providing for penalties— and inserting ‘‘; and’’; and (i) for failure to comply with title III of formation—Social Security numbers, (3) by adding at the end the following: this Act; or birthdates, mothers’ maiden names, ad- ‘‘(9) procedures for evaluating and auditing (ii) if the entity knows or has reason to dresses—all remained relatively pri- the information security practices of con- know that the personally identifiable infor- vate. Some information—for example,

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.023 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1636 CONGRESSIONAL RECORD — SENATE February 6, 2007 whether you had a mortgage on your information include Wal-Mart, General fraud in 2006, and that each victim lost home—might have been publicly avail- Motors, Wachovia Bank, H&R Block, approximately $6,300. Ultimately, it able, but finding that information re- Honeywell, AT&T, Lloyd’s of London, has been predicted that nearly 20 per- quired a trip to the local courthouse. ARCO, Visa, MasterCard, Bank of cent of Americans will become victims For the most part, the sheer difficulty America, FedEx, OfficeMax, Blue Cross of identity theft. Worse, according to of obtaining personal information kept Blue Shield and Ralph Lauren. The the study, it took victims an average it private. This privacy—what Justice largest incident came in June 2005, of 40 hours on the phone with creditors Brandeis called the freedom to be left when Card Systems, which processes and credit bureaus to clear their alone—has been a cherished value payments for the country’s largest names. I use the term ‘‘clear’’ loosely, throughout American history. banks and credit card companies, re- because in many cases the damage As everyday transactions increas- ported that hackers had accessed 40 caused by identity theft is irreversible. ingly occur electronically, personal in- million records containing personal in- Victims will have fraud alerts on their formation can be stored, transmitted formation. Most recently, TJ Maxx credit reports for years to come, mak- and accessed much more easily. Most Stores and MoneyGram both had the ing it more difficult for them to open Americans have benefited from this personal information of their cus- new accounts or make major pur- change. Because personal information tomers stolen from their computer sys- chases. Some will be erroneously con- is available electronically, Americans tems. This list only includes security tacted by collection agencies. Many enjoy the convenience of purchasing breaches involving wrong-doers who will not even know they have been vic- goods over the phone or on the Inter- were trying to obtain personal infor- timized until they try to get a car loan net. They can obtain a home mortgage mation. The list would be much longer or a mortgage on a home. in a matter of hours. They can apply had it included inadvertent disclosure Individuals who have not yet been for a credit card while they wait at the of personal information or incidents in- victims also suffer. Businesses lose store. The availability of such informa- volving stolen computers or other nearly $50 billion a year from identity tion also helps law enforcement agen- equipment that happened to contain thieves posing as customers. These cies conduct investigations and appre- personal information. losses translate into increased prices hend criminals. A large number of colleges and uni- for every consumer. All Americans are In electronic form, personal informa- versities have also suffered significant victims of identify theft, even if their tion is both more valuable and more breaches, including the University of own information remains secure. vulnerable. As the multitude of secu- Southern California, which in July of In some cases, the availability of rity breaches that have occurred over 2005 reported that hackers has accessed electronic personal data can lead to the past 2 years demonstrate, elec- 270,000 records containing personal tragedy. In 1999, a former high school tronic information is more vulnerable data. Other educational institutions classmate of Amy Lynn Boyer obtained because it can be accessed anony- that have been hacked include Boston her former work address and Social Se- mously from afar and can be stolen in College, Northwestern University, curity number from an on-line data a split second. According to the Pri- Tufts University, UCLA, Michigan broker. Using this information, he vacy Rights Clearing House, since Feb- State, Carnegie Mellon, Perdue, Stan- called Amy’s mother and posed as the ruary 2005, over 100 million records ford, Duke, the University of Iowa, the former employer, convincing Amy’s containing personal information have University of Colorado, and the Univer- mom to give him Amy’s new work ad- been subject to some sort of security sity of Utah. dress. He then drove to Amy’s work- breach. The first of these incidents to Governments also have not been im- place and fatally shot her. come to light involved commercial mune from attempts by identity In an effort to protect the privacy data broker ChoicePoint, which in Feb- thieves to obtain personal information. and security of our personal informa- ruary 2005 reported that identity Hackers have accessed personal data at tion, and prevent future tragedies, thieves had gained access to personal the Department of Defense, Depart- small and large, last Congress, Senator information of 163,000 people. The iden- ment of Energy, the Air Force and the LEAHY and I introduced the Personal tity thieves had obtained the informa- Department of Agriculture. Hackers Data Privacy and Security Act. The tion by setting up sham accounts with obtained over half a million records problem is one of large proportions and ChoicePoint. ChoicePoint eventually containing personal data from a State many have views on how to go about settled with the FTC for $15 million, agency in Georgia. The San Diego tackling it. Six committees, three on including $5 million for consumer re- County Employees Retirement Asso- the House side and three on the Senate dress. However, consumers might never ciation, the California Department of side, introduced legislation last Con- have found out about the breach. The Corrections, the Nebraska Treasurers gress addressing data security. At least incident only came to light because of office, the city of Lubbock, TX, and a two other Senate committees became a law California had recently adopted Women, Infants and Children (WIC) involved in the issue. It is my hope requiring ChoicePoint and others to program in Hawaii have all been the that the differences among committees provide notice of security breaches in- victims of similar thefts. and members can be bridged this Con- volving personal information to Cali- Electronic personal data is more val- gress. The problem is simply too large fornia residents who were affected by uable because identity thieves can to ignore. the breach. As a result of the Cali- steal a large volume of data and use it In an effort to start that process, fornia law, Americans for the first time before anyone even knows their per- Senator LEAHY and I are again intro- began learning that data brokers and sonal information has been com- ducing the Personal Data Privacy and others were routinely collecting and promised. For the last 5 years, identity Security Act. We are reintroducing the selling their personal information, and theft has topped the FTC’s list of con- bill in largely the same form that it in so doing, they were not always keep- sumer complaints. From 2002 to 2004, was approved by the Judiciary Com- ing the information secure. the number of complaints rose 52 per- mittee last Congress. The bill takes a After the ChoicePoint incident came cent, to 246,570. Put another way, comprehensive approach to the prob- a long series of security breaches in- that’s one complaint every 2 minutes. lem, an approach I believe is necessary. volving major American companies. In But this is only the tip of the iceberg. First, the legislation goes after iden- March of 2005, Designer Shoe Ware- Not all consumers report identity theft tity thieves by increasing penalties for house reported that hackers had gained to the FTC. Not all victims report crimes involving electronic personal access to personal information, includ- identity theft to their local police. information. It also contains criminal ing credit card numbers, on over 100,000 Sixty percent of those who did file a re- penalties for those who intentionally of its customers. Weeks later, Lexis port with the FTC did not call their conceal a security breach involving Nexis reported that hackers had gained local police department. It stands to personal data. Those who actively con- access to the personal information of reason that many did not call the FTC. ceal breaches attempt to protect them- over 300,000 individuals. Other blue- A recent study by the Better Busi- selves by gambling with the reputa- chip companies where unauthorized ness Bureau concluded that 8.9 million tions and finances of innocent Ameri- persons have gained access to personal Americans were victims of identity cans. They deserve to be punished.

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.024 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1637 The bill also empowers Americans to able to those who have a legitimate sell that information to commercial look after the privacy of their own in- need for it. This legislation aims to and government entities. The revela- formation. The bill will allow individ- keep such information out of the hands tions about these security breaches uals to gain access to their personal in- of those who have no legitimate need highlighted the fact that Americans formation when it is in the hands of for it. I want to take a moment to need a better understanding of what commercial data brokers. For individ- thank my colleague, Senator LEAHY, happens to their information in a dig- uals who believe their information is who has been tireless in his efforts to ital world—and what kind of con- wrong—possibly because the activities promote individual privacy. He has sequences they can face as a result. of identity thieves—data brokers must long fought these issues on the Senate When I am back home in Wisconsin, provide assistance with correcting floor and has been a leader in securing I hear from people who do not under- their information. the privacy rights of all Americans. I stand why companies have the right to The legislation also places some of urge my colleagues to join us in sup- sell their sensitive personal informa- the burden of protecting privacy on porting this important legislation. tion. I hear from people who are those that collect personal informa- Mr. FEINGOLD. Mr. President, I am shocked to discover that personal in- tion. It will require the companies, proud to be an original cosponsor of formation about them is available for government agencies, universities and the Personal Data Privacy and Secu- free on the Internet. others that deal with personal informa- rity Act of 2007. This bill is a much- There is no question that data tion to identify and remedy any weak- needed solution to the daunting prob- aggregators facilitate societal benefits, nesses in their computer systems. lem of ensuring the privacy and the se- allowing consumers to obtain instant Such measures will not always be curity of our personal data, which has credit and personalized services, and enough. As I’ve already noted, the na- become such a precious commodity. allowing police officers to locate sus- ture of electronic information makes it Several forces are converging to pects. But these companies also gather vulnerable even when reasonable steps make our personal information more a great deal of potentially sensitive in- are taken to protect it. Currently, over valuable—and more vulnerable—than formation about individuals, and in 30 States have adopted legislation re- ever. The world is digital and so is our many instances they go largely un- quiring companies, agencies, univer- personal data. In this day and age, al- regulated. sities and others to give notice when most everything we do results in a Too many of my constituents feel they experience a security breach that third party creating a digital record that they have lost control over their involves personal information. How- about us—digital records that we may own information. Congress must return ever, no Federal law imposes such a re- not even realize exist. We seek the con- some power to individual Americans so quirement. As a result, companies are venience of opening bank accounts, that we can all better understand and forced to comply with over 30 different managing our credit cards, and making manage what happens to our own per- State laws, an expensive and time-con- major purchases over the Internet. And sonal data. suming endeavor. we often complete these transactions The Personal Data Privacy and Secu- The Personal Data Privacy and Secu- without ever speaking to another per- rity Act takes a comprehensive ap- rity Act requires that both affected in- son face-to-face or over the telephone. proach to the privacy and security dividuals and law enforcement receive Businesses, nonprofits, and political problems we face. It gives consumers notice. Knowledge is power. Once indi- parties are personalizing their mes- back some control over their own in- viduals learn that their personal infor- sages, products, and services to a de- formation. The bill requires data bro- mation is exposed, they can take steps gree we’ve never seen before, and they kers to allow consumers to access their to protect themselves. And, the com- are willing to invest significant own information and to investigate pany, school or agency that experi- amounts of money in collecting per- when consumers tell them that correc- enced the breach must help. They must sonal information about potential cus- tions are necessary. And it requires provide individuals whose data was lost tomers or donors. And we are living in companies to give notice to affected with credit monitoring. For large an age where identity-based screening consumers and to law enforcement if breaches, the media must be notified. and security programs can be vitally there is a serious security breach, so Media reports over the 2 years have important, resulting in more informa- that individuals know their identity made Americans far more aware of the tion being collected about individuals may be at risk and can take steps to problem of security breaches. Hope- in an attempt to identify them accu- protect themselves. fully, we can raise awareness by con- rately. In addition, the bill extends existing tinuing the practice of making public As a result, personal information has criminal law to ensure that it covers announcements. Notice will also give become a hot commodity that is unauthorized access of data broker sys- law enforcement a head start in catch- bought, sold, and—as so often happens tems, as well as concealment of secu- ing those who steal personal informa- when something becomes valuable— rity breaches. It requires companies tion. stolen. that buy and sell information to have Finally, this legislation will protect We are at a crossroads. We all know appropriate data security systems in the privacy of all Americans by pro- about the security breaches that have place. These protections will help safe- viding a check on the government’s use been on the front pages of newspapers. guard against future privacy violations of commercial databases. Federal law They have placed the identities of hun- and security breaches in the commer- enforcement agencies use commercial dreds of thousands of Americans at cial data industry. But that is not all databases to track criminals and risk. The fear among the American this bill accomplishes. criminal activity. Correctly used, these public is so widespread that it has be- The bill also contains some critically databases can be very useful tools in come the basis of an entire ad cam- important privacy and security provi- the fight against crime. However, there paign by a credit card company. sions to govern the government’s use of should be some check on their use. The But this is about much more than in- commercial data. This is an aspect of bill makes it clear that protections formation security. Until California the data broker business that has not similar to those provided by the Pri- law required a company named yet gotten as much attention in the vacy Act are applied to the govern- ChoicePoint to notify individuals in wake of the security breaches over the ment’s use of commercial databases. 2005 that their information was com- past few years. The information gath- The legislation also aims at making promised and that they might be vul- ered by these companies is not just sure the government’s use of such data nerable to identity theft, many Ameri- sold to individuals and businesses; gov- is secure. cans had never heard of ChoicePoint. ernment agencies of all stripes also buy This bill represents a comprehensive As news stories focused on the data or subscribe to information from com- effort to protect the privacy and secu- broker business, many Americans were mercial sources. We all remember the rity of the personal information of all surprised to discover that companies discovery in 2005 that the Pentagon Americans. The lives of most Ameri- are creating digital dossiers about had a contract with a marketing firm cans have been made easier because our them that contain massive amounts of to analyze commercial and other data personal information is readily avail- information, and that these companies about high school and college students.

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.025 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1638 CONGRESSIONAL RECORD — SENATE February 6, 2007 Although the government should be who knowingly provide inaccurate in- This bill is necessary to expand the able to access commercial databases in formation to the Federal Government; subway, which is extremely important appropriate circumstances, there are provide individuals who suffer adverse in Los Angeles—a city that ranks time few existing rules or guidelines to en- consequences as a result of the agen- and time again as the most congested sure this information is used respon- cy’s reliance on commercial data with region in the country. The Wilshire sibly. Nor are there restrictions on the a redress mechanism; and establish en- corridor is densely populated and is a use of commercial data for powerful, forcement mechanisms for those pri- large commercial area. The freeways intrusive data mining programs. The vacy policies. and streets are filled—we need transit Privacy Act, which governs when gov- The bill also directs the General in this area. ernment agencies themselves are col- Services Administration to review gov- lecting data, likely does not apply be- ernment contracts for commercial data By Mr. FEINGOLD (for himself cause the information is held outside to make sure that vendors have appro- and Ms. COLLINS): the government and is not gathered priate security programs in place, and S. 498. A bill to amend title XVIII of solely at government direction. that they do not provide information the Social Security Act to improve the As a result, there is a great deal we to the government that they know to Medicare program for beneficiaries re- do not know about government use of be inaccurate. And it requires agencies siding in rural areas; to the Committee commercial data, even in clearly ap- to audit the information security prac- on Finance. propriate circumstances such as when tices of their vendors. Mr. FEINGOLD. Mr. President, the agency’s goal is simply to locate an These are basic good government today, along with my colleague Sen- individual already suspected of a measures. They guarantee that the ator COLLINS from Maine, I am intro- crime. Federal Government is not wasting ducing legislation to address the needs We don’t know under what cir- money on inaccurate data and that of the nearly one-quarter of all Medi- cumstances government employees can vendors are undertaking the security care beneficiaries who live in rural obtain access to these databases or for programs that they have promised and America. These beneficiaries are sys- what purposes. We don’t know how for which the government is paying. tematically disadvantaged in the Medi- government agencies evaluate the ac- We live in a new digital world. The care program. The beauty of Medicare curacy of the databases to which they law may never fully keep up with tech- is its equity, its universality, and its subscribe. We don’t know how the ac- nology, but we must make every effort accessibility. But we have com- curacy level of the data affects govern- we can. I am proud to be involved in promised these values by stratifying ment use of the data. We don’t know this comprehensive, reasoned approach payments, by under-representing rural how employees are monitored to ensure to privacy and security, and I hope it voices on the Medicare Payment Advi- they do not abuse their access to these will move forward in this Congress. I sory Commission, and by continuing to databases. We don’t know how those congratulate Senators LEAHY and use obsolete payment data that hurts who misuse the information are pun- SPECTER for their excellent work on rural America. ished. And we don’t know how govern- this bill. This bill is important and it First, we must stop indexing physi- ment agencies, particularly those en- deserves serious consideration. cian payments for work based on geo- gaged in sensitive national security in- graphic differences. Rural areas al- vestigations, ensure that the data bro- By Mrs. BOXER: ready have a hard enough time recruit- kers cannot keep records of who the S. 497. A bill to repeal a prohibition ing and retaining the Nation’s top tal- government is investigating, records on the use of certain funds for tun- ent. Currently, even though 25 percent which themselves could create a huge neling in certain areas with respect to of Medicare beneficiaries live in rural security risk in light of the the Los Angeles to San Fernando Val- areas, only 10 percent of the Nation’s vulnerabilities that have come to the ley Metro Rail project, California; to physicians serve them. Lower pay- forefront in recent months. the Committee on Banking, Housing, ments to doctors in these areas only That is why I am so pleased that this and Urban Affairs. perpetuate this dangerous shortage of bill includes provisions to address the Mrs. BOXER. Mr. Pesident, today I medical expertise. We should not be government’s use of commercial data. rise to introduce a bill for myself and discouraging medical school graduates A comprehensive approach to data pri- Senator FEINSTEIN to allow for subway from moving to underserved rural vacy and security would be incomplete tunneling in parts of Los Angeles. areas by continuing to offer sub-par without taking on this piece of the puz- In 1985, in response to a methane gas pay—in fact, we should be providing in- zle. The bill recognizes there are many explosion that destroyed a Ross Dress centives to encourage them to work in legitimate reasons for government for Less Store in Los Angeles, Rep- underserved areas. My legislation pro- agencies to obtain commercially avail- resentative WAXMAN worked to enact a poses a project to help rural facilities able data, but that they need to be sub- law that prohibits subway tunneling in to host educators and clinical practi- ject to privacy and security protec- his district. tioners in clinical rotations. tions. It takes a common sense ap- In 2004, the Los Angeles City Council Lack of dollars to rural health facili- proach, pushing government agencies passed a motion in support of reversing ties has also prevented communities to take basic steps to ensure that indi- the laws banning tunneling. In Feb- from investing in vital information viduals’ personal information is secure ruary 2005, the Los Angeles Metropoli- technology. The Institute of Medicine and only used for legitimate purposes, tan Transportation Authority board published a report in 2005 detailing the and that the commercial information also voted to begin discussions of sub- ways in which health IT could assist the government is paying for and rely- way expansion. isolated communities. For example, ing on is accurate and complete. As a result, a panel of scientific ex- since rural physicians tend to be gener- Specifically, the bill would require perts was created to conduct an inde- alists rather than specialists, virtual that federal agencies that subscribe to pendent safety review that determined libraries within physician offices would commercial data adopt standards gov- that subway tunneling could move for- provide both doctors and patients with erning its use. These standards would ward safely with new technology. a wider and deeper source of informa- reflect long-standing basic privacy Representative WAXMAN introduced a tion at their fingertips. Rural residents principles. The bill would ensure that bill to lift the Federal tunneling prohi- can also be quite far from health facili- government agencies consider and de- bition in the last Congress—where it ties, so technology that allows emer- termine which personnel will be per- passed the House—and again in this gency room physicians to commu- mitted to access the information and Congress. Senator FEINSTEIN and I are nicate with EMS workers in an ambu- under what circumstances; develop reintroducing the same bill in the Sen- lance can help patients receive life-sav- tention policies for this personal data ate. ing treatment before they physically and get rid of data they no longer need, This legislation has the support of reach the hospital. These kinds of tech- minimizing the opportunity for abuse Los Angeles Mayor Antonio nologies will improve both the quality or theft; rely only on accurate and Villaraigosa and the Los Angeles Met- and efficiency of care given in rural complete data, and penalize vendors ropolitan Transportation Authority. areas. My legislation offers funding for

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.027 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1639 quality improvement demonstration Sec. 2. Elimination of geographic physician cial or other incentives to hospitals to at- projects, to allow isolated communities work adjustment factor from tract educators and clinical practitioners so to invest in this otherwise out of reach geographic indices used to ad- that hospitals that serve beneficiaries under technology. just payments under the physi- the Medicare program under title XVIII of cian fee schedule. the Social Security Act (42 U.S.C. 1395 et Lastly, this legislation will end the Sec. 3. Clinical rotation demonstration seq.) who are residents of underserved areas disproportionately low representation project. may host clinical rotations. of rural interests on the Medicare Pay- Sec. 4. Medicare rural health care quality (b) DURATION OF PROJECT.—The demonstra- ment Advisory Commission. This lack improvement demonstration tion project shall be conducted over a 5-year of representation has resulted in poli- projects. period. cies that hurt rural communities. Sec. 5. Ensuring proportional representation (c) WAIVER.—The Secretary shall waive Those policies have hurt—and continue of interests of rural areas on such provisions of titles XI and XVIII of the the Medicare Payment Advi- Social Security Act (42 U.S.C. 1301 et seq. to hurt—the people of my State of Wis- sory Commission. and 1395 et seq.) as may be necessary to con- consin, and they hurt my colleague Sec. 6. Implementation of GAO rec- duct the demonstration project under this Senator COLLINS’ constituents as well. ommendations regarding geo- section. For every dollar that Medicare spends graphic adjustment indices (d) REPORTS.—The Secretary shall submit on the average beneficiary in the aver- under the Medicare physician to the appropriate committees of Congress age State in this country, Medicare fee schedule. interim reports on the demonstration project spends only 82 cents on a beneficiary in SEC. 2. ELIMINATION OF GEOGRAPHIC PHYSI- and a final report on such project within 6 CIAN WORK ADJUSTMENT FACTOR months after the conclusion of the project Wisconsin. In Maine, Medicare spends FROM GEOGRAPHIC INDICES USED together with recommendations for such leg- only 80 cents per dollar it spends on the TO ADJUST PAYMENTS UNDER THE islative or administrative action as the Sec- average beneficiary. PHYSICIAN FEE SCHEDULE. retary determines appropriate. How is this the case, if beneficiaries (a) FINDINGS.—Congress finds the fol- (e) FUNDING.—There are appropriated to in Wisconsin and in Maine pay the lowing: the Secretary $20,000,000 to carry out this (1) Variations in the geographic physician section. same payroll taxes as beneficiaries in work adjustment factors under section other States? Because the distribution (f) DEFINITIONS.—In this section: 1848(e) of the Social Security Act (42 U.S.C. (1) HOSPITAL.—The term ‘‘hospital’’ means of Medicare dollars among the 50 1395w–4(e)) result in inequity between local- any subsection (d) hospital (as defined in sec- States is grossly unfair to Wisconsin, ities in payments under the Medicare physi- tion 1886(d)(1)(B) of the Social Security Act and to much of the Upper Midwest. cian fee schedule. (42 U.S.C. 1395ww(d)(1)(B)) that had indirect Wisconsinites pay payroll taxes just (2) Beneficiaries under the Medicare pro- or direct costs of medical education during like every American taxpayer, but the gram that reside in areas where such adjust- the most recent cost reporting period pre- Medicare funds we get in return are ment factors are high have relatively more ceding the date of enactment of this Act. access to services that are paid based on (2) SECRETARY.—The term ‘‘Secretary’’ lower than those received in many such fee schedule. other States. means the Secretary of Health and Human (3) There are a number of studies indi- Services. With the guidance and support of cating that the market for health care pro- (3) UNDERSERVED AREA.—The term ‘‘under- people across my State who are fight- fessionals has become nationalized and his- served area’’ means such medically under- ing for Medicare fairness, I am intro- torically low labor costs in rural and small served urban areas and medically under- ducing this legislation to address Medi- urban areas have disappeared. served rural areas as the Secretary may care’s discrimination against Wiscon- (4) Elimination of the adjustment factors specify. described in paragraph (1) would equalize the sin’s seniors and health care providers. SEC. 4. MEDICARE RURAL HEALTH CARE QUAL- reimbursement rate for services reimbursed ITY IMPROVEMENT DEMONSTRA- My bill will decrease some of the in- under the Medicare physician fee schedule equitable payments that harm rural TION PROJECTS. while remaining budget-neutral. (a) ESTABLISHMENT.— areas. It will provide rural areas the (b) ELIMINATION.—Section 1848(e) of the So- (1) IN GENERAL.—Not later than 6 months help they need to grow crucial health cial Security Act (42 U.S.C. 1395w–4(e)) is after the date of enactment of this Act, the information technology infrastructure. amended— Secretary of Health and Human Services (in It will offer the necessary incentives to (1) in paragraph (1)(A)(iii), by striking ‘‘an this section referred to as the ‘‘Secretary’’) help attract the Nation’s top medical index’’ and inserting ‘‘for services provided shall establish not more that 10 demonstra- talent to underserved rural areas. And before January 1, 2008, an index’’; and tion projects to provide for improvements, as (2) in paragraph (2), by inserting ‘‘, for it will mandate rural representation on recommended by the Institute of Medicine, services provided before January 1, 2008,’’ in the quality of health care provided to in- the Medicare Payment Advisory Com- after ‘‘paragraph (4)), and’’. dividuals residing in rural areas. mission. Rural seniors are already un- (c) BUDGET NEUTRALITY ADJUSTMENT FOR (2) ACTIVITIES.—Activities under the derserved in their communities; they ELIMINATION OF GEOGRAPHIC PHYSICIAN WORK projects may include public health surveil- should not be underrepresented in ADJUSTMENT FACTOR.—Section 1848(d) of the lance, emergency room videoconferencing, Washington as well. Social Security Act (42 U.S.C. 1395w–4(d)), as virtual libraries, telemedicine, electronic Rural Americans have worked hard amended by section 101 of the Medicare Im- health records, data exchange networks, and and paid into the Medicare program all provement and Extension Act of 2006, is any other activities determined appropriate amended— by the Secretary. their lives. In return, they deserve full (1) in paragraph (1)(A), by striking ‘‘The access to the same benefits as seniors (3) CONSULTATION.—The Secretary shall conversion’’ and inserting ‘‘Subject to para- consult with the Rural Health Quality Advi- throughout the country: their choice of graph (8), the conversion’’; and sory Commission, the Office of Rural Health highly skilled physicians, use of the (2) by adding at the end the following new Policy of the Health Resources and Services latest technologies, and a strong voice paragraph: Administration, the Agency for Healthcare representing their needs in Medicare ‘‘(8) BUDGET NEUTRALITY ADJUSTMENT FOR Research and Quality, and the Centers for policy. ELIMINATION OF GEOGRAPHIC PHYSICIAN WORK Medicare & Medicaid Services in carrying I ask unanimous consent that the ADJUSTMENT FACTOR.—Before applying an up- out the provisions of this section. date for a year under this subsection, the text of my bill be printed in the (b) DURATION.—Each demonstration project Secretary shall (if necessary) provide for an under this section shall be conducted over a RECORD. adjustment to the conversion factor for that 4-year period. There being no objection, the text of year to ensure that the aggregate payments (c) DEMONSTRATION PROJECT SITES.—The the bill was ordered to be printed in under this part in that year shall be equal to Secretary shall ensure that the demonstra- the RECORD, as follows: aggregate payments that would have been tion projects under this section are con- S. 498 made under such part in that year if the ducted at a variety of sites representing the amendments made by section 2(b) of the Be it enacted by the Senate and House of Rep- diversity of rural communities in the Na- Rural Medicare Equity Act of 2007 had not resentatives of the United States of America in tion. been enacted.’’. (d) WAIVER.—The Secretary shall waive Congress assembled, SEC. 3. CLINICAL ROTATION DEMONSTRATION such provisions of titles XI and XVIII of the SECTION 1. SHORT TITLE; TABLE OF CONTENTS. PROJECT. Social Security Act (42 U.S.C. 1301 et seq. (a) SHORT TITLE.—This Act may be cited as (a) ESTABLISHMENT.—Not later than 6 and 1395 et seq.) as may be necessary to con- the ‘‘Rural Medicare Equity Act of 2007’’. months after the date of enactment of this duct the demonstration projects under this (b) TABLE OF CONTENTS.—The table of con- Act, the Secretary shall establish a dem- section. tents of this Act is as follows: onstration project that provides for dem- (e) INDEPENDENT EVALUATION.—The Sec- Sec. 1. Short title; table of contents. onstration grants designed to provide finan- retary shall enter into an arrangement with

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.024 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1640 CONGRESSIONAL RECORD — SENATE February 6, 2007 an entity that has experience working di- joined by Senator MEL MARTINEZ, Sen- I ask unanimous consent that the rectly with rural health systems for the con- ator BOB MENENDEZ, and 20 additional text of the bill be printed in the duct of an independent evaluation of the Senators from both sides of the aisle. RECORD. projects conducted under this section. There being no objection, the text of (f) REPORTS.—The Secretary shall submit The National Museum of the Amer- to the appropriate committees of Congress ican Latino Community Commission the bill was ordered to be printed in interim reports on each demonstration Act will establish a Commission to the RECORD, as follows: project and a final report on such project study the potential creation of a Na- S. 500 within 6 months after the conclusion of the tional Museum of the American Latino Be it enacted by the Senate and House of Rep- project. Such reports shall include rec- Community. The Commission mem- resentatives of the United States of America in ommendations regarding the expansion of bers, selected by the President and Congress assembled, the project to other areas and recommenda- Members of Congress, will be tasked SECTION 1. SHORT TITLE. tions for such other legislative or adminis- This Act may be cited as the ‘‘Commission trative action as the Secretary determines with studying the impact of such a Mu- to Study the Potential Creation of the Na- appropriate. seum and the cost of constructing and tional Museum of the American Latino Act (g) FUNDING.—There are appropriated to maintaining a museum, developing a of 2007’’. the Secretary $50,000,000 to carry out this plan of action and a fundraising plan, SEC. 2. ESTABLISHMENT OF COMMISSION. section. and proposing recommendations to (a) IN GENERAL.—There is established the SEC. 5. ENSURING PROPORTIONAL REPRESENTA- make the Museum a reality. Commission to Study the Potential Creation TION OF INTERESTS OF RURAL As we begin our efforts to pass this of a National Museum of the American AREAS ON THE MEDICARE PAYMENT Latino (in this Act referred to as the ‘‘Com- ADVISORY COMMISSION. significant legislation, the U.S. House mission’’). (a) IN GENERAL.—Section 1805(c)(2) of the of Representatives is set to complete (b) MEMBERSHIP.—The Commission shall Social Security Act (42 U.S.C. 1395b–6(c)(2)) is their consideration of H.R. 512, the consist of 23 members appointed not later amended— House companion bill, and will pass the than 6 months after the date of enactment of (1) in subparagraph (A), by inserting ‘‘con- bill on the House floor today. It has this Act as follows: sistent with subparagraph (E)’’ after ‘‘rural been a pleasure to working with Rep- (1) The President shall appoint 7 voting representatives’’; and members. (2) by adding at the end the following new resentative XAVIER BECERRA and Rep- (2) The Speaker of the House of Represent- subparagraph: resentative ILEANA ROS-LEHTINEN, who atives, the minority leader of the House of ‘‘(E) PROPORTIONAL REPRESENTATION OF IN- have championed this legislation for Representatives, the majority leader of the TERESTS OF RURAL AREAS.—In order to pro- several years. I hope to work with the Senate, and the minority leader of the Sen- vide a balance between urban and rural rep- Senate Energy and Natural Resource ate shall each appoint 3 voting members. resentatives under subparagraph (A), the Committee to quickly advance the (3) In addition to the members appointed proportion of members who represent the in- Senate bill, so that we can, at last, under paragraph (2), the Speaker of the terests of health care providers and Medicare move forward. House of Representatives, the minority lead- beneficiaries located in rural areas shall be er of the House of Representatives, the ma- no less than the proportion, of the total If we are successful in our efforts, I jority leader of the Senate, and the minority number of Medicare beneficiaries, who reside believe we will have done our part to leader of the Senate shall each appoint 1 in rural areas.’’. enhance the experience of the millions nonvoting member. (b) EFFECTIVE DATE.—The amendments who visit our Nation’s capital every (c) QUALIFICATIONS.—Members of the Com- made by subsection (a) shall apply with re- year. By passing this legislation, we mission shall be chosen from among individ- spect to appointments made to the Medicare will contribute to the ongoing, deeply uals, or representatives of institutions or en- Payment Advisory Commission after the rewarding, and profoundly important tities, who possess either— date of the enactment of this Act. (1) a demonstrated commitment to the re- process of national self-discovery. SEC. 6. IMPLEMENTATION OF GAO REC- search, study, or promotion of American OMMENDATIONS REGARDING GEO- Washington, DC is the symbolic Latino life, art, history, political or eco- GRAPHIC ADJUSTMENT INDICES heart of our country. When Americans nomic status, or culture, together with— UNDER THE MEDICARE PHYSICIAN travel to their capital, they expect the (A) expertise in museum administration; FEE SCHEDULE. museums, monuments, and national (B) expertise in fundraising for nonprofit Not later than 180 days after the date of or cultural institutions; enactment of this Act, the Secretary of parks they visit to reflect the complete American experience. I celebrate the (C) experience in the study and teaching of Health and Human Services shall implement Latino culture and history at the post-sec- the recommendations contained in the opening of the National Museum of the ondary level; March 2005 GAO report 05–119 entitled ‘‘Medi- America Indian and efforts underway (D) experience in studying the issue of the care Physician Fees: Geographic Adjustment to establish the National Museum of Smithsonian Institution’s representation of Indices are Valid in Design, but Data and African American History and Culture American Latino art, life, history, and cul- Methods Need Refinement.’’. because I believe we must celebrate our ture; or (E) extensive experience in public or elect- By Mr. SALAZAR (for himself, rich, diverse national heritage. Hispanics have long been a part of ed service; or Mr. MARTINEZ, Mr. MENENDEZ, (2) experience in the administration of, or Mr. BAYH, Mr. BIDEN, Mr. our country’s history and my own fam- the planning for the establishment of, muse- BINGAMAN, Mrs. BOXER, Mr. ily’s story illustrates this truth. ums devoted to the study and promotion of DOMENICI, Mr. DURBIN, Mrs. Over 400 years ago, in 1598, my family the role of ethnic, racial, or cultural groups FEINSTEIN, Mrs. HUTCHISON, Mr. helped found the oldest city in what is in American history. KENNEDY, Mr. KERRY, Mr. LAU- now these United States. They named SEC. 3. FUNCTIONS OF THE COMMISSION. (a) PLAN OF ACTION FOR ESTABLISHMENT TENBERG, Mr. LIEBERMAN, Mr. the city Santa Fe—the City of Holy AND MAINTENANCE OF MUSEUM.—The Com- LUGAR, Mr. MCCAIN, Mr. NEL- Faith—because they knew the hand of God would guide them through the mission shall submit a report to the Presi- SON of Florida, Mr. OBAMA, Mr. dent and Congress containing its rec- REID, Mr. SCHUMER, Mr. BROWN, struggles of survival in the ages ahead. ommendations with respect to a plan of ac- Mr. FEINGOLD, and Mrs. CLIN- In Hispanic Pioneers in Colorado and tion for the establishment and maintenance TON): New Mexico, a new book by Colorado of a National Museum of the American S. 500. A bill to establish the Com- Society of Hispanic Genealogy, their Latino in Washington, DC (in this Act re- mission to Study the Potential Cre- triumph over extreme adversity is doc- ferred to as the ‘‘Museum’’). umented. The time has come for the (b) FUNDRAISING PLAN.—The Commission ation of the National Museum of the shall develop a fundraising plan for sup- American Latino to develop a plan of story of these pioneers to be told in our porting the creation and maintenance of the action for the establishment and main- Nation’s capital. Museum through contributions by the Amer- tenance of a National Museum of the As a proud American, I want to en- ican people, and a separate plan on fund- American Latino in Washington, DC, sure that every individual who visits raising by the American Latino community. and for other purposes; to the Com- Washington has a chance to learn the (c) REPORT ON ISSUES.—The Commission mittee on Energy and Natural Re- full history of who we are as Ameri- shall examine (in consultation with the Sec- retary of the Smithsonian Institution), and sources. cans. It is my hope that the Senate can submit a report to the President and Con- Mr. SALAZAR. Mr. President, I rise work to pass this important bill. In gress on, the following issues: to speak about bi-partisan legislation I doing so, we will preserve our shared (1) The availability and cost of collections am introducing today. I am proud to be America history. to be acquired and housed in the Museum.

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.027 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1641 (2) The impact of the Museum on regional By Mr. SMITH: services and supports. Surprisingly, Hispanic- and Latino-related museums. S. 504. A bill to amend the Internal more than 40 percent of persons receiv- (3) Possible locations for the Museum in Revenue Code of 1986 to establish long- ing long-term care are between the Washington, DC and its environs, to be con- term care trust accounts and allow a ages of 18 and 64. Some were born with sidered in consultation with the National Capital Planning Commission and the Com- refundable tax credit for contributions disabilities; others came to be disabled mission of Fine Arts, the Department of the to such accounts, and for other pur- through accident or illness. No one can Interior and Smithsonian Institution. poses; to the Committee on Finance. predict their long-term health care (4) Whether the Museum should be located Mr. SMITH. Mr. President, I rise needs. Therefore, everyone needs to be within the Smithsonian Institution. today to introduce the Long-Term Care prepared. (5) The governance and organizational Trust Account Act of 2007. I am pleased Currently, long-term care insurance structure from which the Museum should op- to be joined by my colleague Senator is the main way to prepare for possible erate. BLANCHE LINCOLN who has been a tire- future care and support needs. Long- (6) How to engage the American Latino less leader on issues of importance to community in the development and design of term care insurance helps protect as- the Museum. the health of our Nation. I look for- sets and income from the devastating (7) The cost of constructing, operating, and ward to continuing to work with Sen- financial consequences of long-term maintaining the Museum. ator LINCOLN on this legislation as well health care costs. Today’s comprehen- (d) LEGISLATION TO CARRY OUT PLAN OF AC- as other opportunities to improve sive long-term care insurance policies TION.—Based on the recommendations con- health care in America. allow consumers to choose from a vari- tained in the report submitted under sub- We are an aging Nation. With ety of benefits and offer a wide range of section (a) and the report submitted under babyboomers rapidly retiring, the need coverage choices. They allow individ- subsection (c), the Commission shall submit for long-term care planning is becom- for consideration to the Committee on uals to receive care in a variety of set- Transportation and Infrastructure of the ing even more critical. However, we tings including nursing homes, home House of Representatives, the Committee on know all too well that planning for the care, assisted living facilities and adult House Administration of the House of Rep- likelihood of disability in young or old day care. Some of the most recent poli- resentatives, the Committee on Rules and age is not done as actively as we would cies also provide a cash-benefit that a Administration of the Senate, the Commit- like it to be. Currently, only about 7 consumer can spend in the manner he tees on Natural Resources of the House of percent of all money spent on long- or she chooses. When we buy long-term Representatives and the Senate, and the term care comes from private insur- care insurance, we are also working to Committees on Appropriations of the House ance. Too often, insurance is not being of Representatives and the Senate rec- ensure that we can make more inde- ommendations for a legislative plan of ac- purchased, funds are not being saved pendent long-term care decisions and tion to create and construct the Museum. and persons with disabilities are forced reduce the strain on state Medicaid (e) NATIONAL CONFERENCE.—In carrying out to rely on Medicaid for their daily care. budgets. its functions under this section, the Commis- As a Nation, we need to do better. Unfortunately, for too many, the sion may convene a national conference on Senator LINCOLN and I believe that our struggle to pay the immediate costs of the Museum, comprised of individuals com- bill will encourage Americans to invest long-term care insurance sometimes mitted to the advancement of American in their futures and in their care, Latino life, art, history, and culture, not outweighs the security these products which is an important first step. would provide. As Americans are later than 18 months after the commission Specifically, our legislation will cre- members are selected. spending more and saving less, I fear ate a new type of savings mechanism SEC. 4. ADMINISTRATIVE PROVISIONS. the American middle class is woefully for the purpose of preparing for the (a) FACILITIES AND SUPPORT OF DEPART- unprepared to meet the coming chal- costs associated with long-term care MENT OF THE INTERIOR.—The Department of lenges of their long-term care needs. services and purchasing long-term care the Interior shall provide from funds appro- Moving forward in our effort to help in- insurance. An individual who estab- priated for this purpose administrative serv- dividuals prepare for life in their later ices, facilities, and funds necessary for the lishes a long-term care trust account years, we must encourage them to pur- performance of the Commission’s functions. can contribute up to $5,000 per year to chase long-term care insurance and These funds shall be made available prior to their account and receive a refundable save for long-term care services. The any meetings of the Commission. 10 percent tax credit on that contribu- (b) COMPENSATION.—Each member of the Long-Term Care Trust Account Act of tion. Interest accrued on these ac- Commission who is not an officer or em- 2007 is designed to achieve both goals. ployee of the Federal Government may re- counts will be tax free, and funds could be withdrawn for the purchase of long- It is my hope that this legislation ceive compensation for each day on which will help all Americans save for their the member is engaged in the work of the term care insurance or to pay for long- future and their independence during Commission, at a daily rate to be determined term care services. Our bill also will by the Secretary of the Interior. allow an individual to make contribu- times of vulnerability. I urge my col- (c) TRAVEL EXPENSES.—Each member shall tions to another person’s Long-Term leagues on both sides of the aisle to be entitled to travel expenses, including per Care Trust Account. This will allow support this important bill. diem in lieu of subsistence, in accordance relatives to help their parents or a I ask unanimous consent that the with applicable provisions under subchapter text of the bill be printed in the I of chapter 57 of title 5, United States Code. loved one prepare for their future RECORD. (d) FEDERAL ADVISORY COMMITTEE ACT.— health care needs. The Commission is not subject to the provi- The Centers for Medicare and Med- There being no objection, the text of sions of the Federal Advisory Committee icaid Services estimates that national the bill was ordered to be printed in Act. spending for long-term care was more the RECORD, as follows: SEC. 5. DEADLINE FOR SUBMISSION OF REPORTS; than $190 billion in 2004, representing S. 504 TERMINATION. about 12.5 percent of all personal Be it enacted by the Senate and House of Rep- (a) DEADLINE.—The Commission shall sub- health care expenditures. While those resentatives of the United States of America in mit final versions of the reports and plans Congress assembled, required under section 3 not later than 24 numbers already are staggering, we months after the date of the Commission’s also know that the need for long-term SECTION 1. SHORT TITLE. first meeting. care is expected to grow significantly This Act may be cited as the ‘‘Long-Term (b) TERMINATION.—The Commission shall in coming decades. Almost two-thirds Care Trust Account Act of 2007’’. terminate not later than 30 days after sub- of people receiving long-term care are SEC. 2. LONG-TERM CARE TRUST ACCOUNTS. mitting the final versions of reports and over age 65, with this number expected (a) IN GENERAL.—Subchapter F of chapter 1 plans pursuant to subsection (a). to double by 2030. We also know that of the Internal Revenue Code of 1986 (relat- SEC. 6. AUTHORIZATION OF APPROPRIATIONS. the population over age 85, those most ing to exempt organizations) is amended by There are authorized to be appropriated for likely to need long-term services and adding at the end the following new part: carrying out the activities of the Commis- ‘‘PART IX—LONG-TERM CARE TRUST sion $2,100,000 for the first fiscal year begin- supports, is expected to increase more ACCOUNTS ning after the date of enactment of this Act than 250 percent by 2040 from 4.3 mil- and $1,100,000 for the second fiscal year be- lion to 15.4 million. ‘‘SEC. 530A. LONG-TERM CARE TRUST ACCOUNTS. ginning after the date of enactment of this Today, millions of Americans are re- ‘‘(a) GENERAL RULE.—A Long-Term Care Act. ceiving or are in need of long-term care Trust Account shall be exempt from taxation

VerDate Aug 31 2005 04:34 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.029 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1642 CONGRESSIONAL RECORD — SENATE February 6, 2007 under this subtitle. Notwithstanding the pre- election of the donor, be taken into account tract shall be computed as of the close of the ceding sentence, such account shall be sub- for purposes of such section ratably over the calendar year in which the taxable year be- ject to the taxes imposed by section 511 (re- 5-year period beginning with such calendar gins. lating to imposition of tax on unrelated busi- year. ‘‘(6) SPECIAL RULES FOR DEATH AND DI- ness income of charitable organizations). ‘‘(d) QUALIFIED ROLLOVER CONTRIBUTION.— VORCE.— ‘‘(b) LONG-TERM CARE TRUST ACCOUNT.— For purposes of this section, the term ‘quali- ‘‘(A) IN GENERAL.—Rules similar to the For purposes of this section, the term ‘Long- fied rollover contribution’ means a contribu- rules of paragraphs (7) and (8) of section Term Care Trust Account’ means a trust cre- tion to a Long-Term Care Trust Account— 220(f) shall apply. ated or organized in the United States for ‘‘(1) from another such account of the same ‘‘(B) AMOUNTS INCLUDIBLE IN ESTATE OF the exclusive benefit of an individual who is beneficiary, but only if such amount is con- DONOR MAKING EXCESS CONTRIBUTIONS.—In the the designated beneficiary of the trust and tributed not later than the 60th day after the case of a donor who makes the election de- which is designated (in such manner as the distribution from such other account, and scribed in subsection (c)(2)(B) and who dies Secretary shall prescribe) at the time of the ‘‘(2) from a Long-Term Care Trust Account before the close of the 5-year period referred establishment of the trust as a Long-Term of a spouse of the beneficiary of the account to in such subsection, the gross estate of the Care Trust Account, but only if the written to which the contribution is made, but only donor shall include the portion of such con- governing instrument creating the trust if such amount is contributed not later than tributions properly allocable to periods after meets the following requirements: the 60th day after the distribution from such the date of death of the donor. ‘‘(1) Except in the case of a qualified roll- other account. ‘‘(7) ADDITIONAL TAX.—The tax imposed by ‘‘(e) TAX TREATMENT OF DISTRIBUTIONS.— over contribution described in subsection this chapter for any taxable year on any tax- ‘‘(1) IN GENERAL.—Any distribution from a (d)— payer who receives a payment or distribu- Long-Term Care Trust Account shall be in- ‘‘(A) no contribution will be accepted un- tion from a Long-Term Care Trust Account cludible in the gross income of the dis- less it is in cash, and which is includible in gross income shall be tributee in the manner as provided under ‘‘(B) contributions will not be accepted for increased by 25 percent of the amount which section 72 to the extent not excluded from the calendar year in excess of the contribu- is so includible under rules similar to the gross income under any other provision of tion limit specified in subsection (c)(1). rules of section 530(d)(4). this subsection. ‘‘(2) The trustee is a bank (as defined in ‘‘(8) DENIAL OF DOUBLE BENEFIT.—For pur- ‘‘(2) LONG-TERM CARE INSURANCE PRE- section 408(n)), an insurance company (as de- poses of determining the amount of any de- MIUMS.—If at the time of any distribution, fined in section 816), or another person who the designated beneficiary is not a chron- duction under this chapter, any payment or demonstrates to the satisfaction of the Sec- ically ill individual (as defined in section distribution out of a Long-Term Care Trust retary that the manner in which that person 7702B(c)(2)), no amount shall be includible in Account shall not be treated as an expense will administer the trust will be consistent gross income under paragraph (1) if the ag- paid for medical care. with the requirements of this section or who gregate premiums for any qualified long- ‘‘(f) DESIGNATED BENEFICIARY.—For pur- has so demonstrated with respect to any in- term care insurance contract for such bene- poses of this section, the term ‘designated dividual retirement plan. ficiary during the taxable year are not less beneficiary’ means the individual designated ‘‘(3) No part of the trust assets will be in- than the aggregate distributions during the at the commencement of participation in the vested in life insurance contracts. taxable year. Long-Term Care Trust Account as the bene- ‘‘(4) The interest of an individual in the ‘‘(3) DISTRIBUTIONS FOR QUALIFIED LONG- ficiary of amounts paid (or to be paid) to the balance of his account is nonforfeitable. TERM CARE SERVICES.—For purposes of this account. ‘‘(5) The assets of the trust shall not be subsection, if at the time of any distribution, ‘‘(g) LOSS OF TAXATION EXEMPTION OF AC- commingled with other property except in a the designated beneficiary is a chronically COUNT WHERE BENEFICIARY ENGAGES IN PRO- common trust fund or common investment ill individual (as so defined)— HIBITED TRANSACTION.—Rules similar to the fund. ‘‘(A) IN-KIND DISTRIBUTIONS.—No amount rules of paragraph (2) of section 408(e) shall ‘‘(6) Except as provided in subsection (e)(2), shall be includible in gross income under apply to any Long-Term Care Trust Account. no distribution will be allowed if at the time paragraph (1) by reason of a distribution ‘‘(h) CUSTODIAL ACCOUNTS.—For purposes of of such distribution the designated bene- which consists of providing a benefit to the this section, a custodial account or an annu- ficiary is not a chronically ill individual (as distributee which, if paid for by the dis- ity contract issued by an insurance company defined in section 7702B(c)(2)). tributee, would constitute expenses for any qualified to do business in a State shall be ‘‘(c) TAX TREATMENT OF CONTRIBUTIONS.— qualified long-term care services (as defined treated as a trust under this section if— ‘‘(1) CONTRIBUTION LIMIT.— in section 7702B(c)). ‘‘(1) the custodial account or annuity con- ‘‘(A) IN GENERAL.—The aggregate amount ‘‘(B) CASH DISTRIBUTIONS.—In the case of tract would, except for the fact that it is not of contributions (other than qualified roll- distributions not described in subparagraph a trust, constitute a trust which meets the over contributions described in subsection (A), if— requirements of subsection (b), and (d)) for any taxable year to all Long-Term ‘‘(i) such distributions do not exceed the ‘‘(2) in the case of a custodial account, the Care Trust Accounts maintained for the ben- expenses for qualified long-term care serv- assets of such account are held by a bank (as efit of the designated beneficiary shall not ices (as so defined), reduced by expenses de- defined in section 408(n)) or another person exceed $5,000. scribed in subparagraph (A), no amount shall who demonstrates, to the satisfaction of the ‘‘(B) INFLATION ADJUSTMENT.—In the case be includible in gross income, and Secretary, that the manner in which he will of any taxable year beginning in a calendar ‘‘(ii) in any other case, the amount other- administer the account will be consistent year after 2007, the dollar amount under sub- wise includible in gross income shall be re- with the requirements of this section. paragraph (A) shall be increased by an duced by an amount which bears the same For purposes of this title, in the case of a amount equal to— ratio to such amount as such expenses bear custodial account or annuity contract treat- ‘‘(i) such dollar amount, multiplied by to such distributions. ed as a trust by reason of the preceding sen- ‘‘(ii) the medical care cost adjustment de- ‘‘(4) CHANGE IN BENEFICIARIES OR AC- tence, the person holding the assets of such termined under section 213(d)(10)(B)(ii) for COUNTS.—Paragraph (1) shall not apply to account or holding such annuity contract the calendar year in which the taxable year that portion of any distribution which, with- shall be treated as the trustee thereof. begins, determined by substituting ‘2006’ for in 60 days of such distribution, is trans- ‘‘(i) REPORTS.—The trustee of a Long-Term ‘1996’ in subclause (II) thereof. ferred— Care Trust Account shall make such reports If any amount as adjusted under the pre- ‘‘(A) to another Long-Term Care Trust Ac- regarding such account to the Secretary and ceding sentence is not a multiple of $10, such count for the benefit of the designated bene- to the beneficiary of the account with re- amount shall be rounded to the next lowest ficiary, or spect to contributions, distributions, and multiple of $10. ‘‘(B) to the credit of another designated such other matters as the Secretary may re- ‘‘(2) GIFT TAX TREATMENT OF CONTRIBU- beneficiary under a Long-Term Care Trust quire. The reports required by this sub- TIONS.—For purposes of chapters 12 and 13— Account who is a spouse of the designated section shall be filed at such time and in ‘‘(A) IN GENERAL.—Any contribution to a beneficiary with respect to which the dis- such manner and furnished to such individ- Long-Term Care Trust Account on behalf of tribution was made. uals at such time and in such manner as may any designated beneficiary— ‘‘(5) OPERATING RULES.—For purposes of ap- be required.’’. ‘‘(i) shall be treated as a completed gift to plying section 72— (b) TAX ON EXCESS CONTRIBUTIONS.— such beneficiary which is not a future inter- ‘‘(A) to the extent provided by the Sec- (1) IN GENERAL.—Subsection (a) of section est in property, and retary, all Long-Term Care Trust Accounts 4973 of the Internal Revenue Code of 1986 (re- ‘‘(ii) shall not be treated as a qualified of which an individual is a designated bene- lating to tax on excess contributions to cer- transfer under section 2503(e). ficiary shall be treated as one account, tain tax-favored accounts and annuities) is ‘‘(B) TREATMENT OF EXCESS CONTRIBU- ‘‘(B) except to the extent provided by the amended by striking ‘‘or’’ at the end of para- TIONS.—If the aggregate amount of contribu- Secretary, all distributions during a taxable graph (4), by inserting ‘‘or’’ at the end of tions described in subparagraph (A) during year shall be treated as one distribution, and paragraph (5), and by inserting after para- the calendar year by a donor exceeds the ‘‘(C) except to the extent provided by the graph (5) the following new paragraph: limitation for such year under section Secretary, the value of the contract, income ‘‘(6) a Long-Term Care Trust Account (as 2503(b), such aggregate amount shall, at the on the contract, and investment in the con- defined in section 530A),’’.

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.031 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1643 (2) EXCESS CONTRIBUTION.—Section 4973 of ‘‘(B) $10,000 ($20,000 in the case of a joint re- fact, the National School Supply and such Code is amended by adding at the end turn). Equipment Association found that edu- the following new subsection: ‘‘(3) ADJUSTED GROSS INCOME.—For pur- cators spend an average of $826 to sup- ‘‘(h) EXCESS CONTRIBUTIONS TO LONG-TERM poses of this subsection, adjusted gross in- plement classroom supplies, plus $926 CARE TRUST ACCOUNTS.—For purposes of this come shall be determined without regard to for instructional materials on top of section— sections 911, 931, and 933. ‘‘(1) IN GENERAL.—In the case of Long-Term ‘‘(c) DENIAL OF DOUBLE BENEFIT.—No de- that—for a total of over $1,700 out of Care Trust Accounts (within the meaning of duction shall be allowed under this chapter their own pockets. section 530A), the term ‘excess contributions’ for any amount taken into account in deter- In most States, including mine, means the sum of— mining the credit under this section.’’. teachers are very modestly paid for ‘‘(A) the amount by which the amount con- (b) CONFORMING AMENDMENTS.— their jobs. I think it is so impressive tributed for the calendar year to such ac- (1) Paragraph (2) of section 1324(b) of title that despite challenging jobs and mod- counts (other than qualified rollover con- 31, United States Code, is amended by insert- est salaries, teachers are willing to dig tributions (as defined in section 530A(d))) ex- ing before the period ‘‘, or from section 35A deep into their own pockets to enrich of such Code’’. ceeds the contribution limit under section the classroom experience, because they 530A(c)(1), and (2) The table of sections of subpart C of ‘‘(B) the amount determined under this part IV of subchapter A of chapter 1 of the care so deeply for their students. subsection for the preceding calendar year, Internal Revenue Code of 1986 is amended by Indeed, I have spoken to dozens of reduced by the excess (if any) of the max- inserting after the item relating to section teachers in Maine who tell me they imum amount allowable as a contribution 35 the following new item: routinely spend far in excess of the $250 under section 530A(c)(1) for the calendar year ‘‘Sec. 35A. Contributions to Long-Term Care deduction limit that is in current law. over the amount contributed to the accounts Trust Accounts.’’. I have made a practice of visiting for the calendar year. (c) EFFECTIVE DATE.—The amendments schools all over Maine, and so far, I ‘‘(2) SPECIAL RULE.—A contribution shall made by this section shall apply to amounts have had the opportunity to visit more not be taken into account under paragraph paid or incurred in taxable years beginning than 160 schools in my State. At vir- (1) if such contribution (together with the after December 31, 2005. tually every school I visit, I find teach- amount of net income attributable to such contribution) is returned to the beneficiary By Ms. COLLINS (for herself, Mr. ers who are spending their own money to benefit their students. Year after before June 1 of the year following the year WARNER, Ms. LANDRIEU, Mr. year, these teachers spend hundreds of in which the contribution is made.’’. COLEMAN, Mr. VITTER, Mr. (c) FAILURE TO PROVIDE REPORTS ON LONG- dollars on books, bulletin boards, com- SMITH, and Mr. NELSON of Ne- TERM CARE TRUST ACCOUNTS.—Paragraph (2) puter software, crayons, construction of section 6693(a) of the Internal Revenue braska). S. 505. A bill to amend the Internal paper, stamps, inkpads—everything Code of 1986 (relating to failure to provide re- you can think of. Let me just give you Revenue Code of 1986 to increase the ports on individual retirement accounts or a couple of examples. Anita Hopkins above-the-line deduction for teacher annuities) is amended by striking ‘‘and’’ at and Kathi Toothaker, who are elemen- the end of subparagraph (D), by striking the classroom supplies and to expand such tary school teachers from Augusta, period at the end of subparagraph (E) and in- deduction to include qualified profes- ME, purchase books for their students serting ‘‘, and’’, and by inserting after sub- sional development expenses; to the paragraph (E) the following new subpara- to have as a classroom library, as well Committee on Finance. as workbooks and sight cards. They graph: Ms. COLLINS. Mr. President, the bill ‘‘(F) section 530A(i) (relating to Long-Term have also purchased special prizes for that I am introducing today, along Care Trust Accounts).’’. positive reinforcement for their stu- (d) CONFORMING AMENDMENT.—The table of with Senators WARNER, LANDRIEU, dents. Mrs. Hopkins estimates that she parts for subchapter F of chapter 1 of the In- VITTER, COLEMAN, SMITH, and NELSON spends $800 to $1,000 of her own money ternal Revenue Code of 1986 is amended by of Nebraska, would increase and ex- on extra materials to make learning adding at the end the following new item: pand the Teacher Tax deduction pro- fun and to create a stimulating class- ‘‘PART IX. LONG-TERM CARE TRUST vided in current law. The Teacher Tax room environment. ACCOUNTS’’. deduction is available to school teach- This bill would also expand the (e) EFFECTIVE DATE.—The amendments ers and other educators who incur out- Teacher Tax deduction to make it made by this section shall apply to taxable of-pocket expenses in order to purchase available to teachers who incur ex- years beginning after December 31, 2006. classroom supplies for their students. penses for professional development. SEC. 3. REFUNDABLE CREDIT FOR CONTRIBU- The bill we are offering today would in- Whenever the provisions of ‘‘No Child TIONS TO LONG-TERM CARE TRUST crease this above-the-line tax deduc- ACCOUNTS. Left Behind’’ are being debated, we (a) IN GENERAL.—Subpart C of part IV of tion to $400, allow the deduction to be hear a lot of discussion about the need subchapter A of chapter 1 of the Internal taken for expenses related to profes- for highly-qualified teachers. One of Revenue Code of 1986 (relating to refundable sional development, and make the de- the best ways for teachers to improve credits) is amended by inserting after section duction permanent. their qualifications is through profes- 35 the following new section: This bill builds upon a $250 tax deduc- sional development. Yet, in towns in ‘‘SEC. 35A. CONTRIBUTIONS TO LONG-TERM CARE tion in current law authored by Sen- my State, and I suspect throughout the TRUST ACCOUNTS. ator WARNER and myself, which became country, school budgets are often very ‘‘(a) GENERAL RULE.—In the case of an indi- law as part of the tax relief package in vidual, there shall be allowed as a credit tight, and money for professional de- against the tax imposed by this subtitle for 2001. This tax relief was later extended velopment is either very limited or the taxable year an amount equal to 10 per- through the end of this year, but we non-existent. For that reason, I believe cent of the contributions to any Long-Term need to act to extend it further. we should allow this tax deduction to Care Trust Account allowed under section I would suggest that there is no rea- also apply when a teacher takes a 530A for such taxable year. son why we should not make the deduc- course or attends a workshop and has ‘‘(b) REDUCTION BASED ON ADJUSTED GROSS tion permanent. Teachers who buy to pay for it out of his or her own pock- INCOME.— classroom supplies in order to improve et. ‘‘(1) IN GENERAL.—The percentage which the educational experience of their stu- In my view, students are the ulti- would (but for this subsection) be taken into account under subsection (a) for the taxable dents deserve more than just our grati- mate beneficiaries when teachers re- year shall be reduced (but not below zero) by tude. They deserve this modest tax receive professional development to the percentage determined under paragraph lief to thank them for their hard work. sharpen their skills or to learn a new (2). So often teachers in my State, and approach to presenting material to ‘‘(2) AMOUNT OF REDUCTION.—The percent- throughout the country, spend their their students. Studies have consist- age determined under this paragraph is the own money in order to improve the ently shown that, other than involved percentage which bears the same ratio to the classroom experiences of their stu- parents, the single greatest deter- percentage which would be so taken into ac- dents. Many of us are familiar with a minant of classroom success is the count as— survey of the National Education Asso- ‘‘(A) the excess of— presence of a well-qualified teacher. ‘‘(i) the taxpayer’s adjusted gross income ciation that found that teachers spend, Educators themselves understand just for such taxable year, over on average, $443 a year on classroom how important professional develop- ‘‘(ii) $95,000 ($190,000 in the case of a joint supplies. Other surveys show that they ment is to their ability to make a posi- return), bears to are spending even more than that. In tive impact in the classroom.

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.031 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1644 CONGRESSIONAL RECORD — SENATE February 6, 2007 The Teacher Tax relief that we have Mr. WARNER. Mr. President, I rise legislation will: One, increase the made available since 2001 is certainly a today in support, once again, of Amer- above-the-line deduction, as President positive step, and I was proud to have ica’s teachers by joining with Senator Bush has called for, from $250 allowed authored that law, along with Senator COLLINS in introducing legislation re- under current law to $400; two, allow WARNER. This bill would increase that garding the Teacher Tax Relief Act. educators to include professional devel- deduction from $250 to $400, reflecting Senator COLLINS and I have worked opment costs within that $400 deduc- more accurately what teachers really closely for some time now in support of tion. Under current law, up to $250 is spend, and would make the deduction legislation to provide our teachers with deductible but only for classroom ex- permanent. The National Education tax relief in recognition of the many penses; and three, make the Teacher Association has endorsed this bill, and out-of-pocket expenses they incur as Tax Relief provisions in the law perma- I ask unanimous consent that a copy of part of their profession. In the 107th nent. Current law sunsets the Collins/ the NEA’s letter be printed in the Congress, we were successful in pro- Warner provisions after 2007. RECORD at the end of my statement. viding much needed tax relief for our Our teachers have made a personal This bill is a small but appropriate Nation’s teachers with passage of H.R. commitment to educate the next gen- means of recognizing the many sac- 3090, the ‘‘Job Creation and Worker As- eration and to strengthen America. rifices that our teachers make every sistance Act of 2002.’’ And, in my view, the Federal Govern- day to benefit the children of America. This legislation, which was signed ment should recognize the many sac- I urge my colleagues to support it. into law by President Bush, included rifices our teachers make in their ca- There being no objection, the letter the Collins/Warner ‘‘Teacher Tax Relief reer. was ordered to be printed in the Act of 2001’’ provisions that provided a This Teacher Tax Relief Act is an- RECORD, as follows: $250 above the line deduction for edu- other step forward in providing our NATIONAL EDUCATION ASSOCIATION, cators who incur out-of-pocket ex- educators with the recognition they de- Washington, DC, January 24, 2007. penses for supplies they bring into the serve. Senator SUSAN COLLINS, classroom to better the education of Senator JOHN WARNER, their students. These important provi- By Mr. LAUTENBERG (for him- U.S. Senate, sions provided almost half a billion self, Ms. SNOWE, and Mrs. Washington, DC. dollars worth of tax relief to teachers BOXER): DEAR SENATORS COLLINS AND WARNER: On all across America in 2002 and 2003. S. 506. A bill to improve efficiency in behalf of the National Education Associa- In the 108th Congress we were able to the Federal Government through the tion’s, NEA, 3.2 million members, we would successfully extend the provisions of like to express our strong support for your use of high-performance green build- legislation that would increase, expand, and the Teacher Tax Relief Act for 2004 and ings, and for other purposes; to the make permanent the tax deduction for edu- 2005. In the 109th Congress we were able committee on Environment and Public cators’ out-of-pocket classroom supply ex- to successfully extend the provisions Works. penses. We thank you for your continued for 2006 and 2007. Mr. LAUTENBERG. Mr. President, I leadership and advocacy on this important While these provisions will provide am pleased to be joined by my col- issue. substantial relief to America’s teach- leagues, Senators SNOWE and BOXER, to As you know, the educator tax deduction ers, our work is not yet complete. helps recognize the financial sacrifices made introduce the High Performance Green It is now estimated that the average Buildings Act. This legislation encour- by teachers and paraprofessionals, who often teacher spends $826 out of their own reach into their own pockets to purchase ages the government to improve the pocket each year on classroom mate- classroom supplies such as books, pencils, energy efficiency, indoor air quality, rials—materials such as pens, pencils paper, and art supplies. Studies show that and environmental impacts of our Na- and books. First year teachers spend teachers are spending more of their own tion’s Federal buildings, and will re- even more. funds each year to supply their classrooms, energize and focus the Federal Govern- including purchasing essential items such as Why do they do this? Simply because ment’s leadership and commitment on pencils, glue, scissors, and facial tissues. For school budgets are not adequate to this issue. example, NEA’s 2003 report Status of the meet the costs of education. Our teach- Buildings in the United States have American Public School Teacher, 2000–2001 ers dip into their own pocket to better an enormous impact on the environ- found that teachers spent an average of $443 the education of America’s youth. a year on classroom supplies. More recently, Moreover, in addition to spending ment and also on our overall energy the National School Supply and Equipment substantial money on classroom sup- situation. According to the Depart- Association found that in 2005–2006, edu- ment of Energy, buildings in the cators spent out of their own pockets an av- plies, many teachers spend even more money out of their own pocket on pro- United States use almost 40 percent of erage of $826.00 for supplies and an additional the total energy consumed in this $926 for instructional materials, for a total of fessional development. Such expenses $1,752. include tuition, fees, books, and sup- country. That figure is expected to rise By increasing the current deduction and plies associated with courses that help to 53 percent by 2030, meaning that making it permanent, your legislation will our teachers become even better in- over half of the energy consumed in make a real difference for many educators, this country will be used by buildings who often must sacrifice other personal structors. The fact is that these out-of-pocket alone. In addition, buildings are the needs in order to pay for classroom supplies. source of 35 percent of national carbon NEA also strongly supports your proposal costs place lasting financial burdens on to extend the tax deduction to cover out-of- our teachers. This is one reason our dioxide emissions, 49 percent of sulfur pocket professional development expenses. teachers are leaving the profession. dioxide emissions, and 25 percent of ni- Teacher quality is the single most critical Little wonder that our country is in trogen oxide emissions. factor in maximizing student achievement. the midst of a teacher shortage. However, the impact of buildings is Ongoing professional development is essen- Without a doubt the Teacher Tax Re- even broader than that. Americans tial to ensure that educators stay up-to-date lief Act of 2001 took a step forward in spend approximately 90 percent of their on the skills and knowledge necessary to time indoors and the quality of the air prepare students for the challenges of the 21 helping to alleviate the Nation’s teaching shortage by providing a $250 above they breathe can have an impact on st century. Your bill will make a critical dif- their health, as well as work produc- ference in helping educators access quality the line deduction for classroom ex- training. penses. tivity and absenteeism. The U.S. Green We thank you again for your work on this However, it is clear that our teachers Buildings Council, a national non-prof- important legislation and look forward to are spending much more than $250 a it, indicates that on average, installing continuing to work with you to support our year out of their own pocket to better high performance lighting enhances nation’s educators. the education of our children. worker productivity by 6.7 percent. Sincerely, Accordingly, Senator COLLINS and I There are also numerous sources of in- DIANE SHUST, door air pollutants, ranging from mold Director of Govern- have joined together to take another ment Relations. step forward by introducing this legis- to radon, and strong building design RANDALL MOODY, lation. that considers ventilation can help to Manager, Policy and This proposed legislation will build remedy these potential health prob- Politics. upon current law in three ways. The lems.

VerDate Aug 31 2005 04:34 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.033 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1645 It is important that we confront (b) TABLE OF CONTENTS.—The table of con- (6) LIFE CYCLE.—The term ‘‘life cycle’’, these issues, and our legislation does tents of this Act is as follows: with respect to a high-performance green just that. High Performance Green Sec. 1. Short title; table of contents. building, means all stages of the useful life Buildings are designed with the impact Sec. 2. Definitions. of the building (including components, equipment, systems, and controls of the on occupants, surroundings and energy TITLE I—OFFICE OF HIGH- PERFORMANCE GREEN BUILDINGS building) beginning at conception of a green consumption in mind. Buildings de- building project and continuing through site signed or renovated on these merits Sec. 101. Oversight. selection, design, construction, landscaping, save money, have healthier occupants, Sec. 102. Office of High-Performance Green commissioning, operation, maintenance, ren- and have a more positive impact on Buildings. ovation, deconstruction or demolition, re- Sec. 103. Green Building Advisory Com- moval, and recycling of the green building. their communities. mittee. (7) LIFE-CYCLE ASSESSMENT.—The term While the initial investment cost of Sec. 104. Public outreach. ‘‘life-cycle assessment’’ means a comprehen- green buildings may be higher than a Sec. 105. Research and development. sive system approach for measuring the envi- traditional building, many of these Sec. 106. Budget and life-cycle costing and ronmental performance of a product or serv- costs are recouped over time. For in- contracting. Sec. 107. Authorization of appropriations. ice over the life of the product or service, be- stance, the Federal government spends ginning at raw materials acquisition and about $170 million per year on the TITLE II—HEALTHY HIGH- continuing through manufacturing, trans- lighting of federal buildings; using new PERFORMANCE SCHOOLS portation, installation, use, reuse, and end- lighting technology can reduce energy Sec. 201. Definition of high-performance of-life waste management. use by 50 to 75 percent. Some estimates school. (8) LIFE-CYCLE COSTING.—The term ‘‘life- show that the payback time for energy Sec. 202. Grants for healthy school environ- cycle costing’’, with respect to a high-per- efficient lighting is as little as four ments. formance green building, means a technique Sec. 203. Model guidelines for siting of of economic evaluation that— months. school facilities. The High Performance Green Build- (A) sums, over a given study period, the Sec. 204. Public outreach. costs of initial investment (less resale ings Act focuses the Federal Govern- Sec. 205. Environmental health program. value), replacements, operations (including ment’s efforts on promoting sustain- Sec. 206. Authorization of appropriations. energy use), and maintenance and repair of able design in federal buildings, and re- TITLE III—STRENGTHENING FEDERAL an investment decision; and alizing the economic benefits associ- LEADERSHIP (B) is expressed— ated with reduced energy use and in- Sec. 301. Incentives. (i) in present value terms, in the case of a creased occupant health. It creates an Sec. 302. Federal procurement. study period equivalent to the longest useful Office of High Performance Green Sec. 303. Federal green building perform- life of the building, determined by taking Buildings within the General Services ance. into consideration the typical life of such a Administration (GSA), which manages TITLE IV—DEMONSTRATION PROJECT building in the area in which the building is to be located; or Sec. 401. Coordination of goals. buildings owned or leased by the Fed- (ii) in annual value terms, in the case of Sec. 402. Authorization of appropriations. eral Government. GSA is the largest any other study period. ‘‘landlord’’ in the country the govern- SEC. 2. DEFINITIONS. (9) OFFICE.—The term ‘‘Office’’ means the ment owns or leases nearly 500,000 In this Act: Office of High-Performance Green Buildings buildings in the United States, cov- (1) ADMINISTRATOR.—The term ‘‘Adminis- established under section 102(a). trator’’ means the Administrator of General ering 3.1 billion square feet. The new TITLE I—OFFICE OF HIGH-PERFORMANCE Services. Office will promote public outreach, GREEN BUILDINGS (2) COMMITTEE.—The term ‘‘Committee’’ focus ongoing research and develop- means the Green Building Advisory Com- SEC. 101. OVERSIGHT. ment, and create an Advisory Com- mittee established under section 103(a). (a) IN GENERAL.—The Administrator shall establish within the General Services Ad- mittee consisting of Agency represent- (3) DIRECTOR.—The term ‘‘Director’’ means atives and experts from various sec- the individual appointed to the position es- ministration, and appoint an individual to serve as Director in, a position in the career- tors, to improve coordination across tablished under section 101(a). reserved Senior Executive service, to— (4) FEDERAL FACILITY.— Federal Government agencies and (1) establish and manage the Office in ac- (A) IN GENERAL.—The term ‘‘Federal facil- bring best practices to the Federal gov- cordance with section 102; and ity’’ means any building or facility the in- ernment. (2) carry out other duties as required under tended use of which requires the building or Additionally, the High Performance this Act. facility to be— Green Buildings Act provides grants to (b) COMPENSATION.—The compensation of (i) accessible to the public; and schools, in consultation with the Envi- the Director shall not exceed the maximum (ii) constructed or altered by or on behalf rate of basic pay for the Senior Executive ronmental Protection Agency and the of the United States. Department of Education, to provide Service under section 5382 of title 5, United (B) EXCLUSIONS.—The term ‘‘Federal facil- States Code, including any applicable local- technical assistance to address envi- ity’’ does not include a privately-owned resi- ity-based comparability payment that may ronmental and health concerns. The dential or commercial structure that is not be authorized under section 5304(h)(2)(C) of health of our children is our primary leased by the Federal Government. that title. concern and this legislation takes im- (5) HIGH-PERFORMANCE GREEN BUILDING.— SEC. 102. OFFICE OF HIGH-PERFORMANCE portant steps to ensure their well- The term ‘‘high-performance green building’’ GREEN BUILDINGS. being. means a building— (a) ESTABLISHMENT.—The Director shall es- It is clear that having sustainable de- (A) that, during its life-cycle— tablish within the General Services Adminis- sign in our buildings is smart public (i) reduces energy, water, and material re- tration an Office of High-Performance Green source use and the generation of waste; Buildings. policy and a wise financial investment, (ii) improves indoor environmental qual- (b) DUTIES.—The Director shall— and this bill will allow the Federal ity, including protecting indoor air quality (1) ensure full coordination of high-per- Government to increase its leadership during construction, using low-emitting ma- formance green building information and ac- role on the promotion of green build- terials, improving thermal comfort, and im- tivities within the General Services Admin- ings. I urge my colleagues to support proving lighting and acoustic environments istration and all relevant Federal agencies, this bill. that affect occupant health and produc- including, at a minimum— I ask unanimous consent that the tivity; (A) the Environmental Protection Agency; full text of the bill be printed in the (iii) improves indoor and outdoor impacts (B) the Office of the Federal Environ- of the building on human health and the en- mental Executive; RECORD. There being no objection, the text of vironment; (C) the Office of Federal Procurement Pol- (iv) increases the use of environmentally icy; the bill was ordered to be printed in preferable products, including biobased, re- (D) the Department of Energy; the RECORD, as follows: cycled content, and nontoxic products with (E) the Department of Health and Human S. 506 lower life-cycle impacts; Services; Be it enacted by the Senate and House of Rep- (v) increases reuse and recycling opportu- (F) the Department of Defense; and resentatives of the United States of America in nities; and (G) such other Federal agencies as the Di- Congress assembled, (vi) integrates systems in the building; and rector considers to be appropriate; SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (B) for which, during its planning, design, (2) establish a senior-level green building (a) SHORT TITLE.—This Act may be cited as and construction, the environmental and en- advisory committee, which shall provide ad- the ‘‘High-Performance Green Buildings Act ergy impacts of building location and site vice and recommendations in accordance of 2007’’. design are considered. with section 103;

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\G06FE6.045 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1646 CONGRESSIONAL RECORD — SENATE February 6, 2007 (3) identify and biennially reassess im- building initiatives, including Executive or- cost-effective, energy-efficient, health-pro- proved or higher rating standards rec- ders, policies, or laws adopted promoting tective, and environmentally beneficial deci- ommended by the Committee; green building (including the status of im- sions for constructing high-performance (4) establish a national high-performance plementation of those initiatives); and green buildings, including tools available to green building clearinghouse in accordance (8) includes, for the 2-year period covered conduct life-cycle costing and life-cycle as- with section 104, which shall provide green by the report, recommendations to address sessment; building information through— each of the matters, and a plan for imple- (4) providing information on application (A) outreach; mentation of each recommendation, de- processes for certifying a high-performance (B) education; and scribed in paragraphs (1) through (6). green building, including certification and (C) the provision of technical assistance; (d) IMPLEMENTATION.—The Office shall commissioning; (5) ensure full coordination of research and carry out each plan for implementation of (5) providing technical information, mar- development information relating to high- recommendations under subsection (c)(7). ket research, or other forms of assistance or performance green building initiatives under SEC. 103. GREEN BUILDING ADVISORY COM- advice that would be useful in planning and section 105; MITTEE. constructing high-performance green build- (6) identify and develop green building (a) ESTABLISHMENT.—Not later than 180 ings; and standards that could be used for all types of days after the date of enactment of this Act, (6) using such other methods as are deter- Federal facilities in accordance with section the Director shall establish an advisory com- mined by the Director to be appropriate. 105; mittee, to be known as the ‘‘Green Building SEC. 105. RESEARCH AND DEVELOPMENT. (7) establish green practices that can be Advisory Committee’’. (a) ESTABLISHMENT.—The Director, in co- (b) MEMBERSHIP.— used throughout the life of a Federal facil- ordination with the Committee, shall— ity; (1) IN GENERAL.—The Committee shall be (1)(A) survey existing research and studies (8) review and analyze current Federal composed of representatives of, at a min- relating to high-performance green build- budget practices and life-cycle costing imum— ings; and issues, and make recommendations to Con- (A) each agency referred to in section (B) coordinate activities of common inter- gress, in accordance with section 106; and 102(b)(1); and est; (9) complete and submit the report de- (B) other relevant agencies and entities, as (2) develop and recommend a high-perform- scribed in subsection (c). determined by the Director, including at ance green building research plan that— (c) REPORT.—Not later than 2 years after least 1 representative of each of— (A) identifies information and research the date of enactment of this Act, and bien- (i) State and local governmental green needs, including the relationships between nially thereafter, the Director shall submit building programs; human health, occupant productivity, and to Congress a report that— (ii) independent green building associa- each of— (1) describes the status of the green build- tions or councils; (i) emissions from materials and products ing initiatives under this Act and other Fed- (iii) building experts, including architects, in the building; eral programs in effect as of the date of the material suppliers, and construction con- (ii) natural day lighting; report, including— tractors; (iii) ventilation choices and technologies; (A) the extent to which the programs are (iv) security advisors focusing on national (iv) heating, cooling, and system control being carried out in accordance with this security needs, natural disasters, and other choices and technologies; Act; and dire emergency situations; and (v) moisture control and mold; (B) the status of funding requests and ap- (v) environmental health experts, includ- (vi) maintenance, cleaning, and pest con- propriations for those programs; ing those with experience in children’s trol activities; (2) identifies within the planning, budg- health. (vii) acoustics; and eting, and construction process all types of (2) NON-FEDERAL MEMBERS.—The total (viii) other issues relating to the health, Federal facility procedures that inhibit new number of non-Federal members on the Com- comfort, productivity, and performance of and existing Federal facilities from becom- mittee at any time shall not exceed 15. ing high-performance green buildings as (c) MEETINGS.—The Director shall establish occupants of the building; and measured by— a regular schedule of meetings for the Com- (B) promotes the development and dissemi- (A) a silver rating, as defined by the Lead- mittee. nation of high-performance green building ership in Energy and Environmental Design (d) DUTIES.—The Committee shall provide measurement tools that, at a minimum, may Building Rating System standard established advice and expertise for use by the Director be used— by the United States Green Building Council in carrying out the duties under this Act, in- (i) to monitor and assess the life-cycle per- (or an equivalent rating obtained through a cluding such recommendations relating to formance of facilities (including demonstra- comparable system); or Federal activities carried out under sections tion projects) built as high-performance (B) an improved or higher rating standard, 104 through 106 as are agreed to by a major- green buildings; and as identified by the Committee; ity of the members of the Committee. (ii) to perform life-cycle assessments; (3) identifies inconsistencies, as reported (e) FACA EXEMPTION.—The Committee (3) assist the budget and life-cycle costing to the Committee, in Federal law with re- shall not be subject to section 14 of the Fed- functions of the Office under section 106; spect to product acquisition guidelines and eral Advisory Committee Act (5 U.S.C. App.). (4) study and identify potential benefits of high-performance product guidelines; SEC. 104. PUBLIC OUTREACH. green buildings relating to security, natural (4) recommends language for uniform The Director, in coordination with the disaster, and emergency needs of the Federal standards for use by Federal agencies in en- Committee, shall carry out public outreach Government; and vironmentally responsible acquisition; to inform individuals and entities of the in- (5) support other research initiatives deter- (5) in coordination with the Office of Man- formation and services available Govern- mined by the Office. agement and Budget, reviews the budget ment-wide by— (b) INDOOR AIR QUALITY.—The Director, in process for capital programs with respect to (1) establishing and maintaining a national consultation with the Committee, shall de- alternatives for— high-performance green building clearing- velop and carry out a comprehensive indoor (A) restructuring of budgets to require the house, including on the Internet, that— air quality program for all Federal facilities use of complete energy- and environmental- (A) identifies existing similar efforts and to ensure the safety of Federal workers and cost accounting; coordinates activities of common interest; facility occupants— (B) using operations expenditures in budg- and (1) during new construction and renovation et-related decisions while simultaneously in- (B) provides information relating to high- of facilities; and corporating productivity and health meas- performance green buildings, including (2) in existing facilities. ures (as those measures can be quantified by hyperlinks to Internet sites that describe re- SEC. 106. BUDGET AND LIFE-CYCLE COSTING AND the Office, with the assistance of universities lated activities, information, and resources CONTRACTING. and national laboratories); of— (a) ESTABLISHMENT.—The Director, in co- (C) permitting Federal agencies to retain (i) the Federal Government; ordination with the Committee, shall— all identified savings accrued as a result of (ii) State and local governments; (1) identify, review, and analyze current the use of life cycle costing; and (iii) the private sector (including non- budget and contracting practices that affect (D) identifying short- and long-term cost governmental and nonprofit entities and or- achievement of high-performance green savings that accrue from high-performance ganizations); and buildings, including the identification of bar- green buildings, including those relating to (iv) other relevant organizations, including riers to green building life-cycle costing and health and productivity; those from other countries; budgetary issues; (6) identifies green, self-sustaining tech- (2) identifying and recommending edu- (2) develop guidance and conduct training nologies to address the operational needs of cational resources for implementing high- sessions with budget specialists and con- Federal facilities in times of national secu- performance green building practices, in- tracting personnel from Federal agencies rity emergencies, natural disasters, or other cluding security and emergency benefits and and budget examiners to apply life-cycle cost dire emergencies; practices; criteria to actual projects; (7) summarizes and highlights develop- (3) providing access to technical assistance (3) identify tools to aid life-cycle cost deci- ment, at the State and local level, of green on using tools and resources to make more sionmaking; and

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.034 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1647 (4) explore the feasibility of incorporating cluding relevant updates on trends in the (A) to employ integrated design principles; the benefits of green buildings, such as secu- field, such as the impact of school facility (B) to optimize building and systems en- rity benefits, into a cost-budget analysis to environments on student and staff— ergy performance; aid in life-cycle costing for budget and deci- (A) health, safety, and productivity; and (C) to protect and conserve water; sion making processes. (B) disabilities or special needs; (D) to enhance indoor environmental qual- SEC. 107. AUTHORIZATION OF APPROPRIATIONS. (2) provides research using relevant tools ity; and There is authorized to be appropriated to identified or developed in accordance with (E) to reduce environmental impacts of carry out this title $4,000,000 for each of fis- section 105(a) to quantify the relationships materials and waste flows; and cal years 2008 through 2012, to remain avail- between— (2) to direct Federal procurement execu- able until expended. (A) human health, occupant productivity, tives involved in leasing buildings, to give and student performance; and preference to the lease of facilities that, to TITLE II—HEALTHY HIGH-PERFORMANCE (B) with respect to school facilities, each the maximum extent practicable— SCHOOLS of— (A) are energy-efficient; and SEC. 201. DEFINITION OF HIGH-PERFORMANCE (i) pollutant emissions from materials and (B) have applied contemporary high-per- SCHOOL. products; formance and sustainable design principles In this title, the term ‘‘high-performance (ii) natural day lighting; during construction or renovation. school’’ has the meaning given the term (iii) ventilation choices and technologies; (b) GUIDANCE.—Not later than 90 days after ‘‘healthy, high-performance school building’’ (iv) heating and cooling choices and tech- the date of promulgation of the revised regu- in section 5586 of the Elementary and Sec- nologies; lations under subsection (a), the Director ondary Education Act of 1965 (20 U.S.C. (v) moisture control and mold; shall issue guidance to all Federal procure- 7277e). (vi) maintenance, cleaning, and pest con- ment executives providing direction and the SEC. 202. GRANTS FOR HEALTHY SCHOOL ENVI- trol activities; option to renegotiate the design of proposed RONMENTS. (vii) acoustics; and facilities, renovations for existing facilities, The Administrator of the Environmental (viii) other issues relating to the health, and leased facilities to incorporate improve- Protection Agency, in consultation with the comfort, productivity, and performance of ments that are consistent with this section. Secretary of Education, may provide grants occupants of the school facilities; to qualified State agencies for use in— (3) provides technical assistance on siting, SEC. 303. FEDERAL GREEN BUILDING PERFORM- (1) providing technical assistance for pro- design, management, and operation of school ANCE. grams of the Environmental Protection facilities, including facilities used by stu- (a) IN GENERAL.—Not later than October 31 Agency (including the Tools for Schools Pro- dents with disabilities or special needs; of each of the 2 fiscal years following the fis- gram and the Healthy School Environmental (4) collaborates with federally funded pedi- cal year in which this Act is enacted, and at Assessment Tool) to schools for use in ad- atric environmental health centers to assist such times thereafter as the Comptroller dressing environmental issues; and in on-site school environmental investiga- General of the United States determines to (2) development of State school environ- tions; be appropriate, the Comptroller General of mental quality plans that include— (5) assists States and the public in better the United States shall, with respect to the (A) standards for school building design, understanding and improving the environ- fiscal years that have passed since the pre- construction, and renovation; and mental health of children; and ceding report— (B) identification of ongoing school build- (6) provides to the Office a biennial report (1) conduct an audit of the implementation ing environmental problems in the State and of all activities carried out under this title, of this Act; and recommended solutions to address those which the Director shall include in the re- (2) submit to the Office, the Committee, problems, including assessment of informa- port described in section 102(c). the Administrator, and Congress a report de- tion on the exposure of children to environ- (b) PUBLIC OUTREACH.—The Director shall scribing the results of the audit. ensure, to the maximum extent practicable, mental hazards in school facilities. (b) CONTENTS.—An audit under subsection that the public clearinghouse established (a) shall include a review, with respect to the SEC. 203. MODEL GUIDELINES FOR SITING OF under section 104 receives and makes avail- SCHOOL FACILITIES. period covered by the report under sub- able— The Administrator of the Environmental section (a)(2), of— (1) information from the Administrator of Protection Agency, in consultation with the (1) budget, life-cycle costing, and con- the Environmental Protection Agency that Secretary of Education and the Secretary of tracting issues, using best practices identi- is contained in the report described in sub- Health and Human Services, shall develop section (a)(6); and fied by the Comptroller General of the school site selection guidelines that account (2) information on the exposure of children United States and heads of other agencies in for— to environmental hazards in school facili- accordance with section 106; (1) the special vulnerability of children to ties, as provided by the Administrator of the (2) the level of coordination among the Of- hazardous substances or pollution exposures Environmental Protection Agency. fice, the Office of Management and Budget, in any case in which the potential for con- and relevant agencies; SEC. 206. AUTHORIZATION OF APPROPRIATIONS. tamination at a potential school site exists; (3) the performance of the Office in car- There is authorized to be appropriated to (2) modes of transportation available to carry out this title $10,000,000 for the period rying out the implementation plan; students and staff; and of fiscal years 2008 through 2012, to remain (4) the design stage of high-performance (3) the potential use of a school at the site available until expended. green building measures; as an emergency shelter. (5) high-performance building data that TITLE III—STRENGTHENING FEDERAL were collected and reported to the Office; SEC. 204. PUBLIC OUTREACH. LEADERSHIP (a) IN GENERAL.—The Administrator of the and SEC. 301. INCENTIVES. Environmental Protection Agency shall pro- (6) such other matters as the Comptroller As soon as practicable after the date of en- vide to the Director information relating to General of the United States determines to actment of this Act, the Director shall iden- be appropriate. all activities carried out under this title, tify incentives to encourage the use of green (c) ENVIRONMENTAL STEWARDSHIP SCORE- which the Director shall include in the re- buildings and related technology in the oper- CARD.—The Director shall consult with the port described in section 102(c). ations of the Federal Government, including (b) PUBLIC OUTREACH.—The Director shall through— Committee to enhance, and assist in the im- ensure, to the maximum extent practicable, (1) the provision of recognition awards; and plementation of, the Environmental Stew- that the public clearinghouse established (2) the maximum feasible retention of fi- ardship Scorecard announced at the White under section 104 receives and makes avail- nancial savings in the annual budgets of Fed- House summit on Federal sustainable build- able information on the exposure of children eral agencies. ings in January 2006, to measure the imple- to environmental hazards in school facili- mentation by each Federal agency of sus- SEC. 302. FEDERAL PROCUREMENT. ties, as provided by the Administrator of the tainable design and green building initia- (a) IN GENERAL.—Not later than 2 years tives. Environmental Protection Agency. after the date of enactment of this Act, the SEC. 205. ENVIRONMENTAL HEALTH PROGRAM. Director of the Office of Federal Procure- TITLE IV—DEMONSTRATION PROJECT (a) IN GENERAL.—The Administrator of the ment Policy, in consultation with the Direc- SEC. 401. COORDINATION OF GOALS. Environmental Protection Agency, in con- tor and the Under Secretary of Defense for sultation with the Secretary of Education, Acquisition, Technology, and Logistics, shall (a) IN GENERAL.—The Director shall estab- the Secretary of Health and Human Services, promulgate revisions of the applicable acqui- lish guidelines to implement a demonstra- and other relevant agencies, shall issue sition regulations, to take effect as of the tion project to contribute to the research guidelines for use by the State in developing date of promulgation of the revisions— goals of the Office. and implementing an environmental health (1) to direct any Federal procurement ex- (b) PROJECTS.— program for schools that— ecutives involved in the acquisition, con- (1) IN GENERAL.—In accordance with guide- (1) takes into account the status and find- struction, or major renovation (including lines established by the Director under sub- ings of Federal research initiatives estab- contracting for the construction or major section (a) and the duties of the Director de- lished under this Act and other relevant Fed- renovation) of any facility, to the maximum scribed in title I, the Director shall carry out eral law with respect to school facilities, in- extent practicable— 3 demonstration projects.

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.034 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1648 CONGRESSIONAL RECORD — SENATE February 6, 2007 (2) LOCATION OF PROJECTS.—Each project visory Committee (MedPAC) agrees blowers, the American taxpayer would carried out under paragraph (1) shall be lo- that a CNM simply cannot afford to continue to foot the bill. cated in a Federal building in a State rec- provide services to Medicare patients The Office of Compliance has called ommended by the Director in accordance and has supported increasing reim- for these changes on numerous occa- with subsection (c). (3) REQUIREMENTS.—Each project carried bursement for CNMs. In fact, the Com- sions in recent years, and they are very out under paragraph (1) shall— mission recommended in 2002 that supportive of this bill. We have already (A) provide for the evaluation of the infor- CNMs’ reimbursement be increased and taken the steps to protect whistle- mation obtained through the conduct of acknowledged that the care provided blowers in the executive branch. It projects and activities under this Act; and by these individuals is at least com- doesn’t make sense not to extend these (B) achieve a platinum rating, as defined parable to similar providers. same protections to whistleblowers in by the Leadership in Energy and Environ- My legislation would make several our own backyard. My bill will, very mental Design Building Rating System changes to improve the ability of CNMs simply, give congressional employees standard established by the United States Green Building Council (or an equivalent and certified midwives (CMs) to effec- the same protections that workers in rating obtained through a comparable sys- tively serve the Medicare-eligible popu- the other branches of government al- tem). lation. First, and most importantly, ready possess. (c) CRITERIA.—With respect to the existing my bill recognizes the need to increase I hope my colleagues will join me in or proposed Federal facility at which a dem- Medicare reimbursement for CNMs by supporting this bill to ensure that onstration project under this section is con- raising the reimbursement level from those who help us in the fight to hold ducted, the Federal facility shall— 65 percent to 100 percent of the physi- (1) be an appropriate model for a project government accountable are not pun- relating to— cian fee schedule. CNMs provide the ished for their efforts. (A) the effectiveness of high-performance same care as physicians; therefore, it is I ask unanimous consent that the technologies; only fair to reimburse CNMs at the text of this bill be printed in the (B) analysis of materials, components, and same level. Several states have recog- RECORD. systems, including the impact on the health nized this in their Medicaid programs— There being no objection, the text of of building occupants; approximately 29 States reimburse at the bill was ordered to be printed in (C) life-cycle costing and life-cycle assess- 100 percent of the physician fee sched- the RECORD, as follows: ment of building materials and systems; and ule for out-of-hospital services. (D) location and design that promote ac- S. 508 In addition, the M–CARE Act would cess to the Federal facility through walking, Be it enacted by the Senate and House of Rep- biking, and mass transit; and establish recognition for a certified resentatives of the United States of America in (2) possess sufficient technological and or- midwife (CM) to provide services under Congress assembled, ganizational adaptability. Medicare. Despite the fact that CNMs SECTION 1. APPLICATION OF WHISTLEBLOWER (d) REPORT.—Not later than 1 year after and CMs provide the same services, PROTECTION RULES TO LEGISLA- the date of enactment of this Act, and annu- Medicare has yet to recognize CMs as TIVE BRANCH EMPLOYEES. ally thereafter through September 30, 2013, eligible providers. My bill would (a) SHORT TITLE.—This Act may be cited as the Director shall submit to the Adminis- change this. the ‘‘Congressional Whistleblower Protec- trator a report that describes the status of tion Act of 2007’’. and findings regarding the demonstration This bill will enhance access to ‘‘well woman’’ care for thousands of women (b) IN GENERAL.—Part A of title II of the project. Congressional Accountability Act of 1995 (2 SEC. 402. AUTHORIZATION OF APPROPRIATIONS. in underserved communities and make U.S.C. 1311 et seq.) is amended— There is authorized to be appropriated to several needed changes to improve ac- (1) in the heading, by striking ‘‘fair labor carry out the Federal demonstration project cess to midwives. I urge my colleagues standards,’’ and all that follows and inserting described in section 401(b) $10,000,000 for the to support this legislation. ‘‘and other protections and benefits’’; period of fiscal years 2008 through 2012, to re- (2) by redesignating section 207 as section main available until expended. By Mr. GRASSLEY: 208; and S. 508. A bill to amend the Congres- (3) by inserting after section 206 the fol- By Mr. CONRAD (for himself, Ms. sional Accountability Act of 1995 to lowing: COLLINS, Ms. CANTWELL, and apply whistleblower protections avail- ‘‘SEC. 207. RIGHTS AND PROTECTIONS UNDER Mr. DURBIN): able to certain executive branch em- WHISTLEBLOWER PROTECTION S. 507. A bill to amend title XVIII of RULES. ployees to legislative branch employ- the Social Security Act to provide for ‘‘(a) RIGHTS AND PROTECTIONS DESCRIBED.— reimbursement of certified midwife ees, and for other purposes; to the ‘‘(1) IN GENERAL.—No employing office may services and to provide for more equi- Committee on Homeland Security and take or fail to take, or threaten to take or table reimbursement rates for certified Governmental Affairs. fail to take, a personnel action (within the nurse-midwife services; to the Com- Mr. GRASSLEY. Mr. President, I rise meaning of chapter 23 of title 5, United to reintroduce the Congressional Whis- States Code) with respect to any covered em- mittee on Finance. ployee or applicant for employment because Mr. CONRAD. Mr. President, today I tleblower Protection Act of 2007, which will extend whistleblower protections of— am introducing the Midwifery Care Ac- ‘‘(A) any disclosure of information by a cess and Reimbursement Equity (M– currently available to certain execu- covered employee or applicant which the em- CARE) Act of 2007. For too many years, tive branch employees to legislative ployee or applicant reasonably believes evi- certified nurse midwives (CNMs) have branch employees. dences— not received adequate reimbursement Presently, executive branch employ- ‘‘(i) a violation of any law, rule, or regula- under the Medicare program. My legis- ees are shielded from retaliation for ex- tion; or lation takes steps to improve reim- posing waste, fraud, or abuse by the ‘‘(ii) gross mismanagement, a gross waste bursement for these important Whistleblower Protection Act. The bill of funds, an abuse of authority, or a substan- I’m introducing today simply extends tial and specific danger to public health or healthcare providers. safety; Since 1988, CNMs have been author- those same protections to legislative ized to provide maternity-related serv- branch employees. if such disclosure is not specifically prohib- A theme that has dominated this new ited by law and if such information is not ices to Medicare-eligible women of specifically required by Executive order or child-bearing age. There are approxi- Congress, as well as the elections this the rules of the Senate or the House of Rep- mately three million disabled women past November, is accountability and resentatives to be kept secret in the interest of child-bearing age on Medicare; how- responsibility in Washington. I have of national defense or the conduct of foreign ever, if they choose to utilize a CNM fought hard for whistleblowers over the affairs; or for ‘‘well women’’ services, the CNM is years because they are key in our ef- ‘‘(B) any disclosure to the General Counsel, only reimbursed at 65 percent of the forts to ensure government account- or to the Inspector General of a legislative or physician fee schedule. This is not ability to the people we are sent here executive agency or another employee des- to serve. In most instances, the only ignated by the head of the legislative or ex- right and does not come close to offset- ecutive agency to receive such disclosures, of ting the costs incurred by these profes- reason we discover waste or fraud is be- information which the employee or applicant sionals. cause employees are brave enough to reasonably believes evidences— At this incredibly low rate of reim- stand up to the wrongdoers and expose ‘‘(i) a violation of any law, rule, or regula- bursement, the Medicare Payment Ad- their offenses. Without these whistle- tion; or

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.034 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1649 ‘‘(ii) gross mismanagement, a gross waste mission. However, implementation Our bill also takes steps to improve of funds, an abuse of authority, or a substan- through the rulemaking process was general aviation security, airport ac- tial and specific danger to public health or slow, and as a result, significant short- cess issues for airline employees, safety. falls in our security regime remain. screener staffing issues, and other ‘‘(2) DEFINITIONS.—For purposes of this sec- In fact, a little more than year ago, tion and for purposes of applying the proce- issues where there have been con- dures established under title IV for the con- the 9/11 Public Discourse project issued sistent shortcomings over the past sev- sideration of alleged violations of this sec- a scorecard that gave inadequate eral years. tion— grades in those key areas where the The 9/11 Commission’s report and ‘‘(A) the term ‘covered employee’ includes Commission had advocated for im- subsequent Public Discourse project an employee of the Government Account- provements in aviation security. helped keep Congress and the Adminis- ability Office or Library of Congress; and Checked Baggage and Cargo Screening tration focused on the need for avia- ‘‘(B) the term ‘employing office’ includes received a ‘‘D,’’ Airline Passenger Ex- tion security. While they did not have the Government Accountability Office and plosive Screening received a ‘‘C,’’ and all the answers for quick fixes, they did the Library of Congress. Airline Passenger Prescreenig received ‘‘(b) REMEDY.—The remedy for a violation offer a vital blueprint, particularly in of subsection (a) shall be such remedy as an ‘‘F.’’ the areas of infrastructure and trans- would be appropriate if awarded under chap- Over the past year, the Transpor- portation system security. ter 12 of title 5, United States Code, with re- tation Security Administration, TSA, My colleagues and I used that guide- spect to a prohibited personnel practice de- has continued working to significantly line in drafting the legislation we are scribed in section 2302(b)(8) of such title. bolster air cargo security in the United introducing today. We believe that ‘‘(c) REGULATIONS TO IMPLEMENT SEC- States. While that is a good step in re- TION.— once this bill is enacted, it will signifi- sponse to the report card, more must cantly improve aviation security in the ‘‘(1) IN GENERAL.—The Board shall, pursu- be done. The government must remain ant to section 304, issue regulations to imple- specific areas I have highlighted, and ment this section. vigilant in its effort to provide security the aviation system as a whole. I look ‘‘(2) AGENCY REGULATIONS.—The regula- for our Nation, and the steps proposed forward to working with my colleagues tions issued under paragraph (1) shall be the in this bill will both improve our exist- to move this bill quickly. We have had same as the substantive regulations promul- ing security system and give TSA the 5 years to consider what does and does gated by the Merit Systems Protection flexibility to combat new and emerging not work. Now it is time to implement Board to implement chapters 12 and 23 of threats. what we have learned. title 5, United States Code, except to the ex- The bill we are introducing today I ask unanimous consent that this tent that the Board of Directors of the Office would require the screening of all cargo bill be printed in the RECORD. of Compliance may determine, for good going on passenger aircraft within 3 There being no objection, the text of cause shown and stated together with the years. We expect TSA to develop a ro- regulation, that a modification of such regu- the bill was ordered to be printed in bust screening program that improves lations would be more effective for the im- the RECORD, as follows: upon current measures and ensures the plementation of the rights and protections S. 509 under this section.’’. security of all cargo transported in (c) TECHNICAL AND CONFORMING AMEND- commercial passenger air carriers. Be it enacted by the Senate and House of Rep- MENTS.— To improve our ability to detect ex- resentatives of the United States of America in (1) TABLE OF CONTENTS.—The table of con- plosives in checked baggage and at pas- Congress assembled, tents for part A of title II of the Congres- senger screening checkpoints, the bill SEC. 1. SHORT TITLE; TABLE OF CONTENTS. sional Accountability Act of 1995 is amend- extends the Aviation Security Capital (a) SHORT TITLE.—This Act may be cited as the ‘‘Aviation Security Improvement Act’’. ed— Fund and promotes the purchase and (A) in the item relating to part A, by strik- (b) TABLE OF CONTENTS.—The table of con- ing ‘‘FAIR LABOR STANDARDS,’’ and all installation of advanced baggage tents for this Act is as follows: screening systems that can be inte- that follows and inserting ‘‘AND OTHER TITLE —AVIATION SECURITY PROTECTIONS AND BENEFITS’’; grated into the daily workings of our (B) by redesignating the item relating to Nation’s air transportation system. Sec. 1. Short title; table of contents. section 207 as relating to section 208; and This capital investment will improve Sec. 2. Extension of authorization for avia- (C) by inserting after the item relating to tion security funding. security screening by permitting TSA Sec. 3. Passenger aircraft cargo screening. section 206 the following: employees to better focus on potential Sec. 4. Blast-resistant cargo containers. ‘‘Sec. 207. Rights and protections under threats while reducing the high work- Sec. 5. Protection of air cargo on passenger whistleblower protection place injury rates. planes from explosives. rules.’’. The bill addresses airline passenger Sec. 6. In-line baggage screening. (2) APPLICATION OF LAWS.—Section 102(a) of explosive screening in several ways: Sec. 7. Enhancement of in-line baggage sys- the Congressional Accountability Act of 1995 1. By promoting advanced research tem deployment. (2 U.S.C. 1302(a)) is amended by adding at the Sec. 8. Research and development of avia- end the following: and development for checkpoint technology; tion transportation security ‘‘(12) Section 2302(b)(8) of title 5, United technology. States Code.’’. 2. By enhancing screener training to Sec. 9. Certain TSA personnel limitations more clearly identify and address po- not to apply. Mr. INOUYE (for himself, Mr. tential threats; and Sec. 10. Specialized training. STEVENS, Mr. ROCKEFELLER, Mr. 3. By requiring the Administration to Sec. 11. Explosive detection at passenger LOTT, and Mr. LAUTENBERG): complete and implement a plan over screening checkpoints. S. 509. A bill to provide improved the next year that thoroughly address- Sec. 12. Appeal and redress process for pas- aviation security, and for other pur- es the threat of and response to carry- sengers wrongly delayed or proposes; to the Committee on Commerce, on explosives. hibited from boarding a flight. Science, and Transportation. Airline passenger prescreening also Sec. 13. Repair station security. Mr. INOUYE. Mr. President, I rise remains a primary concern of the Con- Sec. 14. Strategic plan to test and implement advanced passenger today to introduce the Aviation Secu- gress. Not enough progress has been prescreening system. rity Improvement Act with Senators made by the TSA to develop an ad- Sec. 15. General aviation security. STEVENS, ROCKEFELLER, LOTT, and vanced passenger prescreening system Sec. 16. Security credentials for airline LAUTENBERG, who are all original co- since it took on this task nearly 4 crews. sponsors of this legislation. years ago. Too many passengers are in- SEC. 2. EXTENSION OF AUTHORIZATION FOR When the 9/11 Commission released convenienced each year by false AVIATION SECURITY FUNDING. its report in 2004, the Commission ex- positives when matched against pas- Section 48301(a) of title 49, United States pressed continuing concern over the senger watchlists. Code, is amended by striking ‘‘and 2006’’ and state of air cargo security, the screen- Our bill would ensure a system is in inserting ‘‘2006, 2007, 2008, and 2009’’. ing of passengers and baggage, access place to coordinate passenger redress SEC. 3. PASSENGER AIRCRAFT CARGO SCREEN- ING. controls at airports, and the security matters, and that the TSA moves rap- (a) IN GENERAL.—Section 44901 of title 49, of general aviation. Congress responded idly to develop a strategic plan to test United States Code, is amended— then and enacted measures to address and implement an advanced passenger (1) by redesignating subsections (g) and (h) inefficiencies highlighted by the Com- prescreening system. as subsections (h) and (i), respectively; and

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.037 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1650 CONGRESSIONAL RECORD — SENATE February 6, 2007 (2) by inserting after subsection (f) the fol- (v) a statement of any plans, and the ra- amended by striking ‘‘2007.’’ and inserting lowing: tionale, for maintaining, changing, or elimi- ‘‘2007, and $450,000,000 for each of fiscal years ‘‘(g) AIR CARGO ON PASSENGER AIRCRAFT.— nating each exemption. 2008 and 2009.’’. ‘‘(1) IN GENERAL.—Not later than 3 years (2) GAO ASSESSMENT.—Not later than 120 (b) REPORT.—Within 30 days after the date after the date of enactment of the Aviation days after the date on which the report re- of enactment of this Act, the Secretary of Security Improvement Act, the Secretary of quired under paragraph (1) is submitted, the Homeland Security shall submit the report Homeland Security, acting through the Ad- Comptroller General shall review the report the Secretary was required by section 4019(d) ministrator of the Transportation Security and provide to Congress an assessment of the of the Intelligence Reform and Terrorism Administration, shall establish a system to methodology used for determinations made Prevention Act of 2004 (49 U.S.C. 44901 note) screen all cargo transported on passenger by the Secretary for maintaining, changing, to have submitted in conjunction with the aircraft operated by an air carrier or foreign or eliminating an exemption. submission of the budget for fiscal year 2006. air carrier in air transportation or intrastate SEC. 4. BLAST-RESISTANT CARGO CONTAINERS. SEC. 7. ENHANCEMENT OF IN-LINE BAGGAGE air transportation to ensure the security of Section 44901 of title 49, United States SYSTEM DEPLOYMENT. (a) IN GENERAL.—Section 44923 of title 49, all such passenger aircraft carrying cargo. Code, is amended by adding at the end there- United States Code, is amended— ‘‘(2) MINIMUM STANDARDS.—The system re- of the following: ferred to in paragraph (1) shall require, at a (1) by striking ‘‘may’’ in subsection (a) and ‘‘(i) BLAST-RESISTANT CARGO CONTAINERS.— minimum, that the equipment, technology, inserting ‘‘shall’’; ‘‘(1) IN GENERAL.—Before January 1, 2008, procedures, personnel, or other methods de- the Administrator of the Transportation Se- (2) by striking ‘‘may’’ in subsection (d)(1) termined by the Administrator of the Trans- curity Administration shall— and inserting ‘‘shall’’; portation Security Administration, provide a ‘‘(A) evaluate the results of the blast-re- (3) by striking ‘‘2007’’ in subsection (h)(1) level of security comparable to the level of sistant cargo container pilot program insti- and inserting ‘‘2028’’; security in effect for passenger checked bag- tuted before the date of enactment of the (4) by striking paragraphs (2) and (3) of gage. Aviation Security Improvement Act; subsection (h) and inserting the following: ‘‘(3) REGULATIONS.— ‘‘(B) based on that evaluation, begin the ‘‘(2) ALLOCATION.—Of the amount made ‘‘(A) INTERIM FINAL RULE.—The Secretary acquisition of a sufficient number of blast- available under paragraph (1) for a fiscal of Homeland Security may issue an interim resistant cargo containers to meet the re- year, not less than $200,000,000 shall be allo- final rule as a temporary regulation to im- quirements of the Transportation Security cated to fulfill letters of intent issued under plement this subsection without regard to Administration’s cargo security program subsection (d). the provisions of chapter 5 of title 5. under paragraph (2); and ‘‘(3) DISCRETIONARY GRANTS.—Of the ‘‘(B) FINAL RULE.— ‘‘(C) develop a system under which the Ad- amount made available under paragraph (1) ‘‘(i) IN GENERAL.—If the Secretary issues an ministrator— for a fiscal year, up to $50,000,000 shall be interim final rule under subparagraph (A), used to make discretionary grants, with pri- the Secretary shall issue, not later than 1 ‘‘(i) will make such containers available for use by passenger aircraft operated by air ority given to small hub airports and non- year after the effective date of the interim hub airports.’’; and final rule, a final rule as a permanent regula- carriers or foreign air carriers in air transportation or intrastate air transportation on (5) by redesignating subsection (i) as sub- tion to implement this subsection in accord- section (j) and inserting after subsection (h) ance with the provisions of chapter 5 of title a random or risk-assessment basis as determined by the Administrator, in sufficient the following: 5. ‘‘(i) LEVERAGED FUNDING.—For purposes of number to enable the carriers to meet the re- ‘‘(ii) FAILURE TO ACT.—If the Secretary this section, a grant under subsection (a) to quirements of the Administration’s cargo se- does not issue a final rule in accordance with an airport sponsor to service an obligation curity system; and clause (i) on or before the last day of the 1- issued by or on behalf of that sponsor to fund ‘‘(ii) provide for the storage, maintenance, year period referred to in clause (i), the Sec- a project described in subsection (a) shall be and distribution of such containers. retary shall submit a report to the Congress considered to be a grant for that project.’’. explaining why the final rule was not timely ‘‘(2) DISTRIBUTION TO AIR CARRIERS.—Within (b) PRIORITIZATION OF PROJECTS.— issued and providing an estimate of the ear- 90 days after the date on which the Adminis- (1) IN GENERAL.—The Administrator shall liest date on which the final rule will be trator completes development of the system create a prioritization schedule for airport issued. The Secretary shall submit the first required by paragraph (1)(C), the Adminis- security improvement projects described in such report within 10 days after such last trator of the Transportation Security Ad- section 44923(b) of title 49, United States day and submit a report to the Congress con- ministration shall implement that system Code, based on risk and other relevant fac- taining updated information every 60 days and begin making blast-resistant cargo con- tors, to be funded under the grant program thereafter until the final rule is issued. tainers available to such carriers as nec- provided by that section. The schedule shall ‘‘(iii) SUPERSEDING OF INTERIM FINAL essary.’’. include both hub airports (as defined in sec- RULE.—The final rule issued in accordance SEC. 5. PROTECTION OF AIR CARGO ON PAS- tion 41731(a)(3) of title 49, United States with this subparagraph shall supersede the SENGER PLANES FROM EXPLOSIVES. Code) and nonhub airports (as defined in sec- interim final rule issued under subparagraph (a) TECHNOLOGY RESEARCH AND PILOT tion 41731(a)4) of title 49, United States (A). PROJECTS.— Code). ‘‘(4) REPORT.—Not later than 1 year after (1) RESEARCH AND DEVELOPMENT.—The Sec- (2) AIRPORTS THAT HAVE COMMENCED the date on which the system required by retary of Homeland Security shall expedite PROJECTS.—The schedule shall include air- paragraph (1) is established, the Secretary research and development for technology ports that have incurred eligible costs asso- shall transmit a report to Congress that de- that can disrupt or prevent an explosive de- ciated with development of partial in-line tails and explains the system.’’. vice from being introduced onto a passenger baggage systems before the date of enact- (b) ASSESSMENT OF EXEMPTIONS.— plane or from damaging a passenger plane ment of this Act in reasonable anticipation (1) TSA ASSESSMENT OF EXEMPTIONS.— while in flight or on the ground. The re- of receiving a grant under section 44923 of (A) IN GENERAL.—Not later than 180 days search shall include blast resistant cargo title 49, United States Code, in reimburse- after the date of enactment of this Act, the containers and other promising technology ment of those costs but that have not re- Secretary of Homeland Security, through and will be used in concert with implementa- ceived such a grant. the Administrator of the Transportation Se- tion of section 4 of this Act. (3) REPORT.—Within 180 days after the date curity Administration, shall submit a report (2) PILOT PROJECTS.—The Secretary, in con- of enactment of this Act, the Administrator to Congress and to the Comptroller General junction with the Secretary of Transpor- shall provide a copy of the prioritization containing an assessment of each exemption tation, shall establish a grant program to schedule, a corresponding timeline, and a de- granted under section 44901(i) of title 49, fund pilot projects— scription of the funding allocation under sec- United States Code, for the screening re- (A) to deploy technologies described in tion 44923 of title 49, United States Code, to quired by section 44901(g)(1) of that title for paragraph (1); and the Senate Committee on Commerce, cargo transported on passenger aircraft and (B) to test technology to expedite the re- Science, and Transportation and the House an analysis to assess the risk of maintaining covery, development, and analysis of infor- of Representatives Committee on Homeland such exemption. The Secretary may submit mation from aircraft accidents to determine Security. the report in both classified and redacted the cause of the accident, including SEC. 8. RESEARCH AND DEVELOPMENT OF AVIA- formats if the Secretary determines that deployable flight deck and voice recorders TION TRANSPORTATION SECURITY such action is appropriate or necessary. and remote location recording devices. TECHNOLOGY. (B) CONTENTS.—The report shall include— (b) AUTHORIZATION OF APPROPRIATIONS.— Section 137(a) of the Aviation and Trans- (i) the rationale for each exemption; There are authorized to be appropriated to portation Security Act (49 U.S.C. 44912 note) (ii) a statement of the percentage of cargo the Secretary of Homeland Security for fis- is amended— that is not screened as a result of each ex- cal year 2008 such sums as may be necessary (1) by striking ‘‘2002 through 2006,’’ and in- emption; to carry out this section, such funds to re- serting ‘‘2006 through 2009,’’; (iii) the impact of each exemption on avia- main available until expended. (2) by striking ‘‘aviation’’ and inserting tion security; SEC. 6. IN-LINE BAGGAGE SCREENING. ‘‘transportation’’; and (iv) the projected impact on the flow of (a) EXTENSION OF AUTHORIZATION.—Section (3) by striking ‘‘2002 and 2003’’ and insert- commerce of eliminating such exemption; 44923(i)(1) of title 49, United States Code, is ing ‘‘2006 through 2009’’.

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.038 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1651 SEC. 9. CERTAIN TSA PERSONNEL LIMITATIONS individual, the Office of Appeals and Redress curity Improvement Act the Administrator NOT TO APPLY. shall— shall initiate and complete a study of the (a) IN GENERAL.—Notwithstanding any pro- ‘‘(A) ensure that the records maintained feasibility of a program, based on a risk- vision of law to the contrary, any statutory under this subsection contain information managed approach, to provide grants to gen- limitation on the number of employees in determined by the Secretary to authenticate eral aviation airport operators for projects the Transportation Security Administration, the identity of such a passenger or indi- to upgrade security at general aviation air- before or after its transfer to the Depart- vidual; and ports (as defined in section 47135(m)). If the ment of Homeland Security from the Depart- ‘‘(B) furnish to the Transportation Secu- Administrator determines that such a pro- ment of Transportation, does not apply after rity Administration, the Bureau of Customs gram is feasible, the Administrator shall es- fiscal year 2007. and Border Protection, or any other appro- tablish such a program. (b) AVIATION SECURITY.—Notwithstanding priate Department entity, upon request, ‘‘(3) APPLICATION TO FOREIGN-REGISTERED any provision of law imposing a limitation such information as may be necessary to GENERAL AVIATION AIRCRAFT.—Within 180 on the recruiting or hiring of personnel into allow such agencies to assist air carriers in days after the date of enactment of the Avia- the Transportation Security Administration improving their administration of the ad- tion Security Improvement Act, the Admin- to a maximum number of permanent posi- vanced passenger prescreening system and istrator shall develop a risk-based system tions, the Secretary of Homeland Security reduce the number of false positives.’’. under which— shall recruit and hire such personnel into the (b) CLERICAL AMENDMENT.—The table of ‘‘(A) foreign-registered general aviation Administration as may be necessary— contents in section 1(b) of such Act is aircraft, as identified by the Administrator, (1) to provide appropriate levels of aviation amended by inserting after the item relating in coordination with the Administrator of security; and to section 430 the following: the Federal Aviation Administration, are re- (2) to accomplish that goal in such a man- ‘‘431. Appeal and redress process for pas- quired to submit passenger information to ner that the average aviation security-re- sengers wrongly delayed or pro- the Transportation Security Administration lated delay experienced by airline passengers hibited from boarding a before entering United States airspace; and is reduced to a level of less than 10 minutes. flight.’’. ‘‘(B) such information is checked against SEC. 10. SPECIALIZED TRAINING. SEC. 13. STRATEGIC PLAN TO TEST AND IMPLE- appropriate databases maintained by the The Administrator of the Transportation MENT ADVANCED PASSENGER Transportation Security Administration.’’. Security Administration shall provide ad- PRESCREENING SYSTEM. ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— vanced training to transportation security Not later than 180 days after the date of There are authorized to be appropriated to officers for the development of specialized enactment of this Act, the Secretary of the Secretary of Homeland Security such security skills, including behavior observa- Homeland Security, in consultation with the sums as may be necessary to carry out any tion and analysis, explosives detection, and Administrator of the Transportation Secu- program established under paragraph (2).’’. document examination, in order to enhance rity Administration, shall submit to the SEC. 16. SECURITY CREDENTIALS FOR AIRLINE the effectiveness of layered transportation Congress a plan that— CREWS. security measures. (1) describes the system to be utilized by Within 180 days after the date of enact- SEC. 11. EXPLOSIVE DETECTION AT PASSENGER the Department of Homeland Security to as- ment of this Act, the Administrator of the SCREENING CHECKPOINTS. sume the performance of comparing pas- Transportation Security Administration (a) IN GENERAL.—Within 90 days after the senger information, as defined by the Admin- shall, after consultation with airline, air- date of enactment of this Act, the Secretary istrator of the Transportation Security Ad- port, and flight crew representatives, trans- of Homeland Security shall issue the stra- ministration, to the automatic selectee and mit a report to the Senate Committee on tegic plan the Secretary was required by sec- no-fly lists, utilizing appropriate records in Commerce, Science, and Transportation and tion 44925(a) of title 49, United States Code, the consolidated and integrated terrorist the House of Representatives Committee on to have issued within 90 days after the date watchlist maintained by the Federal govern- Transportation and Infrastructure on the of enactment of the Intelligence Reform and ment; status of its efforts to institute a sterile area Terrorism Prevention Act of 2004. (2) provides a projected timeline for each access system or method that will enhance (b) DEPLOYMENT.—Section 44925(b) of title phase of testing and implementation of the security by properly identifying authorized 49, United States Code, is amended by adding system; airline flight deck and cabin crew members at the end thereof the following: (3) explains how the system will be inte- at screening checkpoints and granting them ‘‘(3) FULL DEPLOYMENT.—The Secretary grated with the prescreening system for pas- expedited access through screening check- shall fully implement the strategic plan sengers on international flights; and points. The Administrator shall include in within 1 year after the date of enactment of (4) describes how the system complies with the report recommendations on the feasi- the Aviation Security Improvement Act.’’. section 552a of title 5, United States Code. bility of implementing the system for the SEC. 12. APPEAL AND REDRESS PROCESS FOR SEC. 14. REPAIR STATION SECURITY. domestic aviation industry beginning 1 year PASSENGERS WRONGLY DELAYED (a) CERTIFICATION OF FOREIGN REPAIR STA- after the date on which the report is sub- OR PROHIBITED FROM BOARDING A TIONS SUSPENSION.—If the regulations re- mitted. The Administrator shall begin full FLIGHT. quired by section 44924(f) of title 49, United implementation of the system or method not (a) IN GENERAL.—Subtitle C of title IV of States Code, are not issued within 90 days later than 1 year after the date on which the the Homeland Security Act of 2002 (6 U.S.C. after the date of enactment of this Act, the Administrator transmits the report. 231 et seq.) is amended by adding at the end Administrator of the Federal Aviation Ad- f the following: ministration may not certify any foreign re- ‘‘SEC. 431. APPEAL AND REDRESS PROCESS FOR pair station under part 145 of title 14, Code of SUBMITTED RESOLUTIONS PASSENGERS WRONGLY DELAYED Federal Regulations, after such 90th day un- OR PROHIBITED FROM BOARDING A less the station was previously certified by FLIGHT. the Administration under that part. SENATE RESOLUTION 72—AC- ‘‘(a) IN GENERAL.—The Secretary shall es- (b) 6-MONTH DEADLINE FOR SECURITY RE- KNOWLEDGING THE SEVERITY tablish a timely and fair process for individ- VIEW AND AUDIT.—Subsections (a) and (d) of OF THE WETLAND LOSS OCCUR- uals who believe they have been delayed or section 44924 of title 49, United States Code, RING IN LOUISIANA AND SUP- prohibited from boarding a commercial air- are each amended by striking ‘‘18 months’’ PORTING THE OBSERVANCE OF craft because they were wrongly identified as and inserting ‘‘6 months’’. WORLD WETLANDS DAY IN THE a threat under the regimes utilized by the SEC. 15. GENERAL AVIATION SECURITY. Transportation Security Administration, the Section 44901 of title 49, United States UNITED STATES Bureau of Customs and Border Protection, or Code, is amended by adding at the end there- Ms. LANDRIEU submitted the fol- any other Department entity. of the following: lowing resolution; which was referred ‘‘(b) OFFICE OF APPEALS AND REDRESS.— ‘‘(i) GENERAL AVIATION AIRPORT SECURITY to the Committee on Environment and ‘‘(1) ESTABLISHMENT.—The Secretary shall PROGRAM.— Public Works: establish an Office of Appeals and Redress to ‘‘(1) IN GENERAL.—Within 1 year after the oversee the process established by the Sec- date of enactment of the Aviation Security S. RES. 72 retary pursuant to subsection (a). Improvement Act the Administrator of the Whereas Louisiana’s coastal wetlands are ‘‘(2) RECORDS.—The process established by Transportation Security Administration among the Nation’s most diverse and produc- the Secretary pursuant to subsection (a) shall— tive ecosystems, home to ospreys, egrets, al- shall include the establishment of a method ‘‘(A) develop a standardized threat and vul- ligators, shellfish, turtles, sea grasses, and by which the Office of Appeals and Redress, nerability assessment program for general bald cypress trees; under the direction of the Secretary, will be aviation airports (as defined in section Whereas Louisiana’s wetlands are eroding able to maintain a record of air carrier pas- 47135(m)); and at a rate of 25 square miles per year and, as sengers and other individuals who have been ‘‘(B) implement a program to perform such a result of Hurricane Katrina on August 29, misidentified and have corrected erroneous assessments on a risk-assessment basis at 2005, and Hurricane Rita on September 24, information. general aviation airports. 2005, 217 square miles of wetlands were ‘‘(3) INFORMATION.—To prevent repeated ‘‘(2) GRANT PROGRAM.—Within 6 months turned into open water, significantly advanc- delays of an misidentified passenger or other after date of enactment of the Aviation Se- ing Louisiana’s wetlands loss;

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.038 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1652 CONGRESSIONAL RECORD — SENATE February 6, 2007 Whereas the State has lost 2,100 square lion tons of waterborne commerce an- knowledge February 2, as World Wet- miles of coastal wetlands since the 1930s and nually—the largest port system in the lands Day and express that it is the is expected to lose another 500 square miles world by tonnage. That accounts for 21 sense of the Senate that we must raise over the next 50 years if nothing is done to percent of all waterborne commerce in awareness of the Nation’s imperiled mitigate wetland loss; Whereas 2,000,000 residents, more than 50 the United States each year. In fact, wetlands—in Louisiana and throughout percent of the State’s population, live within four of the top ten largest ports in the the country. We need to raise aware- Louisiana’s coastal zone; United States are located in Louisiana. ness of these critical issues and we Whereas Louisiana’s working wetlands pro- These wetlands also offer protection need to work locally, regionally, na- vide protection for coastal communities and from storm surge for two million peo- tionally, and internationally to con- for oil and gas pipelines that serve as the ple and a unique culture. Louisiana’s front this problem head on. major energy artery in the United States, low-lying coastal communities are The good news is that scientists delivering more than 25 percent of the Na- home to more than 2 million people— know how to restore the wetlands and tion’s energy; they have been very successful in rein- Whereas wetland ecosystems throughout nearly half the State’s population. the United States are threatened by erosion, Even as those communities recover forcing barrier islands that protect invasive species, runoff, and habitat loss; and from the back-to-back 2005 hurricanes, these ecological gems. What has here- Whereas World Wetlands Day is celebrated they remain threatened and com- tofore been lacking is not the will, but around the world on February 2 of each year promised as the land they occupy the resources with which to undertake by government agencies, nongovernmental erodes from beneath their feet. this critical challenge. The passage of organizations, and groups of citizens in the Tragically, Louisiana’s wetlands are the Gulf of Mexico Energy Security global community: Now, therefore, be it eroding at a devastating rate: approxi- Act changed that and certified Amer- Resolved, That the Senate— (1) acknowledges the severity of the wet- mately 24 square miles per year dis- ica’s commitment to providing long- land loss occurring in Louisiana; appear—that is the equivalent of ap- term, sustainable funding to address (2) recognizes and supports the observance proximately one football field lost this problem. Today, we have the will; of World Wetlands Day in the United States; every 38 minutes. Within the next 50 we have the way; let’s get to work and and years—even with current restoration preserve America’s wetlands. (3) supports efforts to raise awareness efforts taken into account—those wet- f about the critical need to sustain and pre- lands are expected to recede an addi- SENATE RESOLUTION 73—DESIG- serve wetlands in Louisiana, the United tional 500 square miles. States, and throughout the world. The U.S. Geological Survey recently NATING FEBRUARY 6, 2007, AS Ms. LANDRIEU. Mr. President, I found that Hurricanes Katrina and ‘‘RONALD REAGAN DAY’’ come to the floor today in honor of Rita alone transformed 217 square Mr. ALLARD (for himself, Mrs. FEIN- World Wetlands Day proc1aiming Feb- miles of marsh to open water. Trag- STEIN, Mr. COLEMAN, Mr. STEVENS, Mrs. ruary 2 America’s Wetlands Day. ically, these eroding wetlands are Na- DOLE, Mrs. HUTCHISON, Mr. VITTER, Mr. February 2, 1971 was the date of the ture’s levee system—they diminish a HATCH, Mr. MCCAIN, Mr. MCCONNELL, adoption of the Convention on Wet- hurricane’s destructive power by reduc- and Mr. REID) submitted the following lands in the Iranian city of Ramsar on ing storm surge and absorbing wave en- resolution; which was considered and the shores of the Caspian Sea. ergy. agreed to: Each year since 1971, leaders from all Scientists have estimated for every S. RES. 73 parts of the world have used this day to 2.4 square miles of wetlands, storm Whereas President Ronald Wilson Reagan, raise public awareness of the value and surges are lowered by about one foot. a man of humble background, worked benefits of wetlands—not only as eco- Some studies suggest that only one throughout his life serving as an entertainer, logical gems, but as economic boons, square mile of wetlands may achieve a corporate spokesman, Governor of Cali- incubators of biodiversity, and a this. Because these wetlands are nurs- fornia, and President of the United States; Whereas Ronald Reagan served for 2 terms sportsman’s paradise. eries for many species of fish and shell- The signing in 1971 of the Convention as the 40th President of the United States; fish, their loss has a profound impact Whereas Ronald Reagan was elected to his on Wetlands provided a framework for on the $1 billion dollar per year fishing second term by almost three-fifths of the national action and international co- industry supported by Louisiana’s frag- electorate, a percentage surpassed only by operation toward the conservation and ile coastal environment. the election of President Lyndon Baines wise use of wetlands and their re- The costs associated with Louisiana’s Johnson in 1964, and was victorious in 49 of sources. Wetlands can be found in coastal wetland loss are not only Lou- the 50 States in the general election, an elec- every country and are among the most isiana’s to bear—they are the entire toral college record unsurpassed in the history of Presidential elections in the United productive ecosystems in the world. Nation’s. For instance: Hurricanes Those of us from Louisiana have a States; and Katrina and Rita impacted more than Whereas February 6, 2007, will be the 96th rather unique perspective on the sub- 26,000 businesses, destroyed 275,000 anniversary of Ronald Reagan’s birth, and ject of wetlands. You see, Louisiana’s homes, and caused more than $44.7 bil- June 5, 2007, will be the third anniversary of coast is really America’s Wetland. It is lion in insured losses. his passing: Now, therefore, be it not a beach, but a vast landscape of es- Today, more than 40 percent of the Resolved, That the Senate— tuaries, rivers, freshwater marsh, for- Nation’s oil and nearly a quarter of the (1) designates February 6, 2007, as ‘‘Ronald ested floodplains, and vernal pools. Nation’s natural gas is produced in or Reagan Day’’; and The landscape that extends along (2) encourages the people of the United transported through Louisiana. States to observe the day with appropriate Louisiana’s coast is one of the largest More than 20 percent of the nation’s ceremonies and activities. and most productive expanses of coast- imported oil is delivered to and proc- f al wetlands in North America. It is the essed in Louisiana. seventh largest delta on earth, where Louisiana is second only to Texas in SENATE CONCURRENT RESOLU- the Mississippi River drains two-thirds the number of oil refineries on its TION 9—CELEBRATING THE CON- of the United States. It is also one of soi1—with 17 refineries, most of which TRIBUTIONS OF THE ARCHITEC- the most productive environments in are located in the coastal zone. TURAL PROFESSION DURING America—‘‘working wetlands’’ as they The erosion of Louisiana’s coastal ‘‘NATIONAL ARCHITECTURE are known to Louisianians—producing wetlands—America’s Wetlands—endan- WEEK’’ more seafood than any other State in gers the U.S. energy supply and it en- Ms. LANDRIEU submitted the fol- the lower 48. It’s the nursery ground dangers the Nation’s critical infra- lowing concurrent resolution; which for the Gulf of Mexico and habitat for structure in the Gulf Coast: Refineries was referred to the Committee on the one of the greatest flyways in the and petrochemical facilities that drive Judiciary: world for millions of waterfowl and mi- U.S. economic growth are at risk of S. CON. RES. 9 gratory songbirds. being flooded, damaged and shut down, Whereas the architectural profession has Even more importantly, Louisiana’s as we saw during the 2005 hurricanes. made unique contributions to the history, coastal wetlands provide storm protec- That is why I am submitting a Sense texture, and quality of life in the United tion for ports that carry nearly 500 mil- of the Senate resolution that will ac- States;

VerDate Aug 31 2005 04:34 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.039 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — SENATE S1653 Whereas the beginning of an organized ar- Senate on Tuesday, February 6, 2007, at There being no objection, the Senate chitectural profession in the United States 10 a.m. to hold a hearing on Somalia. proceeded to consider the resolution. was signified by the founding of the Amer- The PRESIDING OFFICER. Without Mr. ALLARD. Mr. President, the res- ican Institute of Architects 150 years ago; objection, it is so ordered. olution I am honored to submit today Whereas today there are approximately 281,000 individuals in the United States who COMMITTEE ON THE JUDICIARY with my colleague, Senator FEINSTEIN, work in the profession of architecture; Mr. WEBB. Mr. President, I ask is to commemorate today, February 6, Whereas architects express the richness of unanimous consent that the Com- 2007—what would be Ronald Reagan’s the Nation’s heritage and the vitality of its mittee on the Judiciary be authorized 96th birthday—as Ronald Reagan Day. spirit through the vigilant stewardship of to meet to conduct a hearing on ‘‘Pre- President Ronald Wilson Reagan, a great architectural and historic treasures; serving Prosecutorial Independence: Is man of humble background, worked Whereas architects improve the quality of the Department of Justice Politicizing throughout his life serving freedom and life for all individuals in the United States advancing the public good, having been by combining advances in building tech- the Hiring and Firing of U.S. Attor- nology with design innovation to build neys?’’ for Tuesday, February 6, 2007 at employed as an entertainer, union healthy, safe, livable, and sustainable build- 9:30 a.m. in Dirksen Senate Office leader, corporate spokesman, Governor ings and communities; and Building Room 226. of California and President of the Whereas the week beginning April 8, 2007, Witness List: The Honorable Mark United States. In 1981, when Ronald has been designated by the American Insti- Pryor, United States Senator [D, AR]; Reagan was inaugurated President, he tute of Architects as ‘‘National Architecture The Honorable Paul J. McNulty, Dep- inherited a disillusioned Nation shack- Week’’ to bring attention to the importance uty Attorney General, U.S. Depart- led by rampant inflation and high un- of the architectural profession to the United employment. During Mr. Reagan’s States: Now, therefore, be it ment of Justice, Washington, DC; Mary Resolved by the Senate (the House of Rep- Jo White, Partner, Debevoise & presidency he worked in a bipartisan resentatives concurring), That— Plimpton, LLP, New York, NY; Laurie manner to enact his bold agenda of re- (1) it is the sense of the Congress that the L. Levenson, Professor of Law, Loyola storing accountability and common contributions of the architectural profession Law School, Los Angeles, CA; Stuart sense to government, which led to an should be recognized and celebrated during M. Gerson, Partner, Epstein Becker & unprecedented economic expansion and ‘‘National Architecture Week’’; and Green, Washington, DC. opportunity for millions of Americans. (2) the Congress encourages the people of The PRESIDING OFFICER. Without Mr. Reagan’s commitment to an ac- the United States and interested organiza- objection, it is so ordered. tive social policy agenda for the Na- tions to observe ‘‘National Architecture Week’’ with appropriate ceremonies and ac- COMMITTEE ON THE JUDICIARY tion’s children helped lower crime and tivities. Mr. WEBB. Mr. President, I ask drug use in our neighborhoods. Presi- dent Reagan’s commitment to our f unanimous consent that the Com- mittee on the Judiciary be authorized armed forces contributed to the res- AUTHORITY FOR COMMITTEES TO to meet to conduct a hearing on ‘‘Judi- toration of pride in America, in her MEET cial Nominations’’ for Tuesday, Feb- values and in those cherished by the COMMITTEE ON ARMED SERVICES ruary 6, 2007 at 2:30 p.m. in Dirksen free world, and prepared America’s Mr. WEBB. Mr. President, I ask Senate Office Building Room 226. Armed Forces to meet 21st Century unanimous consent that the Com- Witness List: John Preston Bailey to challenges. President Reagan’s vision mittee on Armed Services be author- be U.S. District Judge for the Northern of ‘‘peace through strength’’ led to the ized to meet during the session of the District of West Virginia; Otis D. end of the Cold War and the ultimate Senate on Tuesday, February 6, 2007, at Wright II to be U.S. District Judge for demise of the Soviet Union, guaran- 9:30 a.m., in open session to receive tes- the Central District of California; teeing basic human rights for millions timony on the fiscal year 2008 budget George H. Wu to be U.S. District Judge of people. It is entirely appropriate request and the fiscal years 2007 and for the Central District of California. that on February 6, 2007, which will be 2008 war supplemental requests in re- The PRESIDING OFFICER. Without the 96th anniversary of Ronald Rea- view of the defense authorization re- objection, it is so ordered. gan’s birth, and the third since his quest for fiscal year 2008 and the future SELECT COMMITTEE ON INTELLIGENCE passing, we declare February 6th, 2007, years defense program. Mr. WEBB. Mr. President, I ask to be Ronald Reagan Day and urge all The PRESIDING OFFICER. Without unanimous consent that the Select citizens to take cognizance of this objection, it is so ordered. Committee on Intelligence be author- event and participate fittingly in its COMMITTEE ON ENVIRONMENT AND PUBLIC ized to meet during the session of the observance. WORKS Senate on February 6, 2007 at 2:30 p.m. Mr. MCCONNELL. Mr. President, I Mr. WEBB. Mr. President, I ask to hold a closed hearing. ask unanimous consent that I be added unanimous consent that the Com- The PRESIDING OFFICER. Without as a cosponsor to this resolution. mittee on Environment and Public objection, it is so ordered. The PRESIDING OFFICER. Without objection, it is so ordered. Works be authorized to meet during f the session of the Senate on Tuesday, Mr. REID. Mr. President, I ask unan- PRIVILEGES OF THE FLOOR February 6, 2007. imous consent that I also be added as a The agenda to be considered: Over- Mr. HARKIN. Mr. President, I ask cosponsor to this resolution. sight of Recent EPA Decisions. unanimous consent that Mitchell Lin- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without coln and Shakti Shakti of my staff be objection, it is so ordered. objection, it is so ordered. granted floor privileges for the dura- Mr. REID. Mr. President, I ask unanimous consent that the resolution be COMMITTEE ON FINANCE tion of today’s session. The PRESIDING OFFICER. Without agreed to, the preamble be agreed to, Mr. WEBB. Mr. President, I ask objection, it is so ordered. and that the motion to reconsider laid unanimous consent that the Com- upon the table. mittee on Finance be authorized to f The PRESIDING OFFICER. Without meet during the session on Tuesday, DESIGNATING FEBRUARY 6, 2007, objection, it is so ordered. February 6, 2007, at 2:45 p.m., in 215 AS ‘‘RONALD REAGAN DAY’’ The resolution (S. Res. 73) was agreed Dirksen Senate Office Building, to hear Mr. REID. Mr. President, I ask unan- to. testimony on ‘‘The President’s Fiscal imous consent that the Senate proceed The preamble was agreed to. Year 2008 Budget Proposal.’’ to the consideration of S. Res. 73. The resolution, with its preamble, The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without reads as follows: objection, it is so ordered. objection, it is so ordered. S. RES. 73 COMMITTEE ON FOREIGN RELATIONS The clerk will state the resolution by Whereas President Ronald Wilson Reagan, Mr. WEBB. Mr. President, I ask title. a man of humble background, worked unanimous consent that the Com- The legislative clerk read as follows: throughout his life serving as an entertainer, mittee on Foreign Relations be author- A resolution (S. Res. 73) designating Feb- a corporate spokesman, Governor of Cali- ized to meet during the session of the ruary 6, 2007, as ‘‘Ronald Reagan Day.’’ fornia, and President of the United States;

VerDate Aug 31 2005 04:34 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.042 S06FEPT1 mstockstill on PROD1PC66 with SENATE S1654 CONGRESSIONAL RECORD — SENATE February 6, 2007 Whereas Ronald Reagan served for 2 terms the escalation in Iraq. They will finish for 15 minutes each. If at all possible, I as the 40th President of the United States; that next week, and we will get it then, ask that Senator SCHUMER be recog- Whereas Ronald Reagan was elected to his and it will be very direct and to the nized as close to 10:30 as possible. second term by almost three-fifths of the point. The PRESIDING OFFICER. Without electorate, a percentage surpassed only by the election of President Lyndon Baines f objection, it is so ordered. Johnson in 1964, and was victorious in 49 of ORDERS FOR WEDNESDAY, f the 50 States in the general election, an elec- FEBRUARY 7, 2007 toral college record unsurpassed in the his- PROGRAM Mr. REID. Mr. President, I ask unan- tory of Presidential elections in the United Mr. REID. For the information of the imous consent that when the Senate States; and Senate, I anticipate that at 2 p.m. to- Whereas February 6, 2007, will be the 96th completes its business today, it stand anniversary of Ronald Reagan’s birth, and adjourned until 10 a.m., Wednesday, morrow, the Senate will debate several June 5, 2007, will be the third anniversary of February 7; that on Wednesday, fol- nominations on the Executive Cal- his passing: Now, therefore, be it lowing the prayer and the pledge, the endar, General Casey and Admiral Resolved, That the Senate— Journal of proceedings be approved to Fallon. I will meet with the Republican (1) designates February 6, 2007, as ‘‘Ronald leader and find out how much time will Reagan Day’’; and date, the morning hour be deemed to have expired, the time for the two lead- be required on that side by 2 p.m. to- (2) encourages the people of the United morrow afternoon. States to observe the day with appropriate ers be reserved for their use later in ceremonies and activities. the day; that there then be a period of f f morning business, with Senators permitted to speak therein, with the time ADJOURNMENT UNTIL 10 A.M. ORDER OF PROCEDURE until 2 p.m. equally divided and con- TOMORROW Mr. REID. Mr. President, very quick- trolled between the two leaders or Mr. REID. Mr. President, if there is ly—I know the hour is late—I spoke to their designees, alternating sides when no further business to come before the Speaker PELOSI a couple of hours ago. appropriate, with the first 30 minutes Senate, I ask unanimous consent that Next week, the House is going to take of debate under the control of the Re- the Senate stand adjourned under the up the Iraq situation. The legislation publicans and the next 30 minutes previous order. they will deal with, I have been told by under the control of the majority; that There being no objection, the Senate, the Speaker, is whether the House of during the majority time, Senators at 7:31 p.m., adjourned until Wednes- Representatives will support the surge, SCHUMER and KENNEDY be recognized day, February 7, at 10 a.m.

VerDate Aug 31 2005 03:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A06FE6.045 S06FEPT1 mstockstill on PROD1PC66 with SENATE February 6, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E267 EXTENSIONS OF REMARKS

PAYING TRIBUTE TO DR. EMIL passing of a man whose legacy will forever be en’s issues and Congresswoman YVETTE FREI III remembered. For over 40 years, M.J. Menge CLARKE—I am introducing the Susan B. An- has served his community as an attorney and thony Birthday Act, which will designate the HON. JON C. PORTER dedicated leader in Pensacola, a city in my third Monday in February as a day to cele- OF NEVADA district in Northwest Florida. brate the legacy of Susan B. Anthony. Susan IN THE HOUSE OF REPRESENTATIVES A native Floridian born in 1936, Mr. Menge Brownell Anthony is remembered for creating devoted his life’s work to bettering our com- Tuesday, February 6, 2007 the first women’s movement in the United Mr. PORTER. Madam Speaker, I rise today munity. At a young age he demonstrated his leadership skills while attending Pensacola States and leading that movement for more to honor Dr. Emil Frei III, one of the world’s than 50 years. leading oncologists, a pioneer in cancer treat- Junior College and the University of Florida. ment and chemotherapy, and a leader in clin- After attending Navy Officer Candidate School, Born on February 15, 1820, Susan B. An- ical research. he went on to serve as a naval gunner officer thony met Elizabeth Cady Stanton in 1851 and Dr. Frei’s medical career began over 50 on the USS Sarsfield until 1962. Mr. Menge attended her first women’s rights convention in years ago in 1948 while serving in our coun- then earned a law degree from the University Syracuse in 1852, where she joined the fight try’s V–12 program for the United States of Florida in 1964 and joined the Pensacola to get women the right to vote, arguing that, Navy. Since that time he has served as the law firm of Shell, Fleming, Davis, and Menge. ‘‘the right women needed above every other chief of medicine at the National Cancer Insti- He was well respected by his colleagues for . . . was the right of suffrage.’’ The first pro- tute, associate scientific director head at M.D. his integrity and concern for the law. Mr. posal for women’s suffrage was presented to Anderson, and director and physician-in-chief Menge served as general legal counsel Pen- Congress in 1868 and Susan B. Anthony ap- at the Dana-Farber Cancer Institute. Currently, sacola Junior College for nearly 30 years, and peared before every Congress from 1869 to he serves as the physician-in-chief, emeritus in 1998 a bell tower was erected in his honor. at Dana-Farber. Dr. Frei has the proud honor Through his different leadership roles within 1906 to ask for passage of a suffrage amend- of being the first Richard and Susan Smith the community, he became known as a man ment. She served as the president of the Na- Distinguished Professor of Medicine at Har- with a genuine sense of caring who fostered tional Woman Suffrage Association from 1892 vard Medical School that sense into those with whom he came into until 1900. Since the beginning of his career, Dr. Frei contact. The first formal women’s suffrage amend- has made many contributions to the medical M.J. Menge’s service to Northwest Florida field while serving on the advisory or board of ment to the Constitution of the United States extended far beyond the legal profession. He was introduced in January 1878 and was sub- directors for non-profit organizations such as was also known throughout the community for Adherex Technologies, Angstrom, CaP Cure, sequently introduced in every session of Con- his leadership roles within the Pensacola Area gress for the next 41 years. Before her death Celator Pharmaceuticals, DIAD Research, Im- Chamber of Commerce, Baptist Hospital, and on March 13, 1906, Susan B. Anthony’s last munogen, Infinity Pharmaceuticals, Vion Phar- March of Dimes. In 1969, Mr. Menge was maceuticals, Aid for Cancer Research, Cancer named One of Florida’s Five Outstanding public words were, ‘‘Failure is impossible.’’ Research Institute, Journal of Clinical Oncol- Young Men by the Florida Jaycees. He was Unfortunately, Susan B. Anthony did not live ogy and the New England Journal of Medi- recognized again in 1979, as the Community to realize her dream of women’s suffrage, but cine. In addition to these wonderful achievements, he was awarded the Lasker Award, the Leader of the Year by the Pensacola Area thankfully her legacy survives. On May 21, Kettering Prize and the Inaugural Lifetime Chamber of Commerce, and later honored 1919, the House of Representatives passed Achievement Award for his clinical research with the Spirit of Pensacola Award in 1996. He the 19th amendment, and two weeks later, the for cancer treatment. had been an active member in the Trinity Senate followed. The Secretary of State, Bain- Dr. Frei not only practiced medicine, but Presbyterian Church and served as a devoted bridge Colby, certified the ratification on Au- also served as a professor of medicine at the member to a number of civic organizations in- gust 26, 1920. The text of the 19th amend- University of Texas and Harvard Medical cluding Rotary International, Navy League, ment is: ‘‘The right of citizens of the United and Fiesta of Five Flags. Though suffering School for over 30 years. Dr. Frei also coau- States to vote shall not be denied or abridged from cancer for the last 7 years, the genuine- thored the first text in medical oncology, which by the United States or by any State on ac- is now in its seventh edition. ness and the inspiration he had brought to Dr. Frei is continuing his research in the Las those around him continued to thrive. count of sex. Congress shall have power to Vegas area where he serves on the chapter 1Madam Speaker, on behalf of the U.S. enforce this article by appropriate legislation.’’ board of Southern Nevada Leukemia & Congress, I would like to offer my sincere con- The United States has previously recog- Lymphoma Society. He has previously served dolences to the family of Mr. Menge. They, nized Susan B. Anthony’s tremendous con- as the chairman of the Cancer and Leukemia along with their community, have suffered a tribution to our Nation. A marble statue of her Group B clinical research group. great loss. Mr. Menge served as a model for and her women’s rights colleagues, Lucretia Madam Speaker, I am proud to honor Dr. so many, and I am confident that many will re- Mott and Elizabeth Cady Stanton, was dedi- Frei for his dedication to improving the life of member him fondly and model their actions in others through his service in the medical com- cated in the United States Capitol in 1921. life on what he showed them through his life. Susan B. Anthony’s picture appeared on post- munity and advances in the chemotherapy f and cancer research. I applaud his efforts and age stamps in 1936 and 1955. Her home in wish him the best with his future endeavors. INTRODUCTION OF THE SUSAN B. Rochester, New York, has been a National f ANTHONY BIRTHDAY ACT Historic Landmark since 1966, and in 1979, IN RECOGNITION OF THE PASSING her image was placed on a dollar coin. OF M.J. MENGE HON. CAROLYN B. MALONEY No Federal holiday celebrates the birthday OF NEW YORK of a woman. As the founder and leader of the HON. JEFF MILLER IN THE HOUSE OF REPRESENTATIVES women’s movement in the United States, OF FLORIDA Tuesday, February 6, 2007 Susan B. Anthony deserves a permanent IN THE HOUSE OF REPRESENTATIVES Mrs. MALONEY of New York. Madam place in our history. The Susan B. Anthony Tuesday, February 6, 2007 Speaker, today—along with Democratic col- Birthday Act will allow all women and men in Mr. MILLER of Florida. Madam Speaker, it leagues, Congresswoman LOIS CAPPS, co- the United States to celebrate and honor her is with sadness that I rise today to note the chair of the Congressional Caucus on Wom- legacy.

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

VerDate Aug 31 2005 04:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A06FE8.001 E06FEPT1 bajohnson on PROD1PC69 with REMARKS E268 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2007 IN RECOGNITION OF THE 100TH 1997 with an educational background in Ge- country and he loved serving in the Army, and BIRTHDAY OF LUCILLE COCHRAN netics and Developmental Biology and as a in the 3rd Squadron, 61st Cavalry Regiment, former researcher at Johns Hopkins Univer- 2nd Brigade Combat Team, 2nd Infantry Divi- HON. MIKE ROGERS sity. Over the past 10 years, Mrs. Marez has sion based in Fort Carson Colorado. Each and OF ALABAMA proudly served the school district, and every American owes him and his family a IN THE HOUSE OF REPRESENTATIVES Okaloosa County is honored to have her as great debt of gratitude. The courage he dem- one of their own. onstrated through his service will always be Tuesday, February 6, 2007 Tavia Marez currently teaches Advanced remembered. Mr. ROGERS of Alabama. Madam Speaker, Placement (AP) Chemistry at Fort Walton I wish to join with my colleagues in express- I would like to pay tribute to a very special oc- Beach High School in Fort Walton Beach, FL. ing our condolences to his family and friends. casion today for a constituent of mine—Mrs. Mrs. Marez is aware that if her students are We hope and pray that they find peace and Lucille Cochran’s 100th birthday. Mrs. Coch- anything like she once was, she must make comfort during this most difficult time. ran will gather with her friends and family to Chemistry enjoyable. To get her students in- Sean Gonsalves, a reporter from the Cape mark the occasion on February 9, 2007. terested, Tavia Marez incorporates creative Cod Times wrote a moving tribute that I wish Lucille ‘‘Mama Cill’’ Cochran was born in techniques, such as: songs, dances, and mne- to share with you. Lee County, Alabama, where she resides monic devices. ‘WE COULDN’T BE PROUDER’ today with her loving family and church com- At the same time, to ensure that she is giv- (By Sean Gonsalves) munity. ‘‘Mama Cill’’ credits long life to her ing her students the best preparation needed One had a Bible in his hand. faith and trust in God. This mother of 9, grand- to succeed, Mrs. Marez keeps in constant The other Army officer carried the news mother of 35, and great grandmother of 77, communication with the AP College Board and Anastacia ‘‘Stacey’’ Fuller and her hus- enjoys entertaining her family in her kitchen college chemistry professors. Ten weeks prior band’s adopted family had been losing sleep to the AP Chemistry exam, you can find Mrs. over—wondering if their hero, Army Sgt. Al- where she serves her Alabama nugget baked exander Henry Fuller, was alive. sweet potatoes and coffee. Marez on Saturdays offering extra help to her He was not, they were informed late Thurs- Mrs. Cochran’s vibrant personality and ac- students, who in turn mentor elementary day night. tive life make her an important part of her school students from Edwins Elementary Yesterday, Sgt. Fuller’s 19-year-old widow community. In her own special way, she School. Since Mrs. Marez began teaching AP still seemed disoriented, as if the repercus- serves as a shining example for us all. On this Chemistry, the percentage of students who sions from the improvised explosive device special occasion, I salute this remarkable pass the AP exam drastically increased from that killed Fuller and another member of his around 0 percent to 70 and the number of stu- convoy in Baghdad had reverberated across woman for her long life, and her dedication to the Atlantic Ocean, all the way to the family. dents taking the course from 12 to 75. Centerville home the 21-year-old soldier had f To be honored as Teacher of the Year, the shared with his wife and inlaws. proof of greatness lies well beyond the title— Pfc. Michael C. Balsley, 23, of Hayward, PAYING TRIBUTE TO PHIL it lies in the hearts and minds of the students Calif., was also killed in Thursday’s explo- MARCUS ESSER who have been deeply affected. While Mrs. sion, according to the Department of De- Marez humbly credits her fellow colleagues fense. with helping her get to where she is today, it Stacey Fuller wasn’t sure if her husband’s HON. JON C. PORTER remains were in Maryland or Delaware. She OF NEVADA is her spirit, dedication and passion for teach- wasn’t sure when his casket would be IN THE HOUSE OF REPRESENTATIVES ing, which she has developed over the past 10 brought home to Cape, or when the funeral years that has won her the honor of this distin- Tuesday, February 6, 2007 and burial would be held. guished award. All she knew was that the father of her Mr. PORTER. Madam Speaker, I rise today Madam Speaker, on behalf of the United yet-unborn daughter was ‘‘fearless’’ and had to honor Phil Marcus Esser for work on behalf States Congress, I am proud to recognize ‘‘a huge heart.’’ of the Boulder City Community. Mrs. Marez for her great achievement as Sitting in the showroom of her family’s Phil is a very accomplished folk singer and used-car dealership on Yarmouth Road in Teacher of the Year and her continuing com- Hyannis, Stacey Fuller rested her hands on musical producer and has been a resident of mitment to excellence at Fort Walton Beach her bulging belly as the small flags lining Boulder City Nevada for the past six years. High School and in the Okaloosa County the awning outside flapped in the winter Since moving to Boulder City, Phil has im- School District. wind. mersed himself in charitable and community f ‘‘He was very determined. He always said, orientated projects, most notably as the choir ‘I need to help my Joes,’ ’’ she recalled, ex- director for St. Andrew’s Church. TRIBUTE TO SERGEANT plaining the love he had for the Fort Carson, Most recently, Phil performed at the Boulder ALEXANDER HENRY FULLER Colo.-based 3rd Squadron, 61st Cavalry Regi- ment, 2nd Brigade Combat Team, 2nd Infan- City American Legion Hall, raising over $4000 try Division. for Emergency Aid of Boulder City. This show HON. WILLIAM D. DELAHUNT ‘‘We tried to talk him out of going because was the first in a series of four such perform- OF MASSACHUSETTS of how dangerous it is, but we couldn’t,’’ said ances intending to support a local cause. IN THE HOUSE OF REPRESENTATIVES Fuller’s mother-in-law, Irena Zinov. Madam Speaker, I am proud to honor Phil Fuller, who was born in New Bedford and Tuesday, February 6, 2007 Marcus Esser. His work on behalf of the local raised in Centerville, saw the Army as the community is admirable and I applaud his ef- Mr. DELAHUNT. Madam Speaker, I rise best way to prepare for becoming a police officer. forts. today so that my colleagues in the House of Representatives can join me in honoring the Fuller’s legacy was his concern for others, f his uncle Robert Mogavero of Millis said in a life and service of one of America’s fallen he- phone interview yesterday. RECOGNIZING TAVIA MAREZ AS roes, Sergeant Alexander Henry Fuller, who ‘‘At the same time, he had a great zest for OKALOOSA COUNTY’S TEACHER gave his life to his country while serving in life. Some kids have plans that are a little OF THE YEAR Iraq. I rise so that the House of Representa- far-fetched, but his head was screwed on tives can join me in conveying our deepest straight. His plans were not beyond his HON. JEFF MILLER condolences to his wonderful wife Stacey and reach,’’ he said. to his entire family. Mogavero described Fuller as a soldier OF FLORIDA ‘‘dedicated to God and country.’’ ‘‘As a sol- IN THE HOUSE OF REPRESENTATIVES Alex died on January 25 at the age of twen- dier he was exemplary, and we couldn’t be ty one, while serving in Iraq. He came from Tuesday, February 6, 2007 prouder of him as a family.’’ New Bedford and was raised on Cape Cod. Zach Hallet of Osterville remembered his Mr. MILLER of Florida. Madam Speaker, on He soon fell in love with Stacey and together best friend as the toughest, funniest person behalf of the United States Congress, it is an they were married. Today Stacey is expecting he’s known. honor for me to rise today to recognize Tavia their child. Alex had dreams of someday own- ‘‘And he believed in what he was doing. He Marez as Okaloosa County’s Teacher of the ing a house on Cape Cod, working as a police was proud of being a sergeant and he was proud of being a leader.’’ Year. officer and raising a family. Hallet also described his fallen friend as On January 30, 2007, Tavia Marez was an- But he was a young man with a mission. He ‘‘fearless’’—a trait his wife said she’ll call on nounced Teacher of the Year. Mrs. Marez had another priority in his life, to answer the in the months ahead as she prepares to give joined the school district administration in call of service to his country. He loved his birth in April.

VerDate Aug 31 2005 04:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A06FE8.004 E06FEPT1 bajohnson on PROD1PC69 with REMARKS February 6, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E269 Besides his wife and unborn daughter, PAYING TRIBUTE TO LANCE where he remained until his discharge on Jan- Fuller is survived by his mother, Linda; a CORPORAL BUDD M. COTE uary 14, 1971. sister, Katie, and two brothers, Christopher Currently residing in Zephyrhills, Florida, Mr. and Sean. HON. JON C. PORTER Powell and his wife, Tansy, have three grown The family has set up a memorial fund for children; 32-year-old Scott, 30-year-old the benefit of his daughter. OF NEVADA IN THE HOUSE OF REPRESENTATIVES Shalynee and 26-year-old Shelby, all of whom reside in Michigan. f Tuesday, February 6, 2007 After almost 38 years, it is my distinct honor TRIBUTE TO BLACK HISTORY Mr. PORTER. Madam Speaker, I rise today and privilege to present Mr. Powell with his MONTH to honor the life of Lance Corporal Budd M. long-awaited Purple Heart. Cote, who died Monday December 11, 2006, Madam Speaker, soldiers like Roger William of injuries sustained in support of Operation Powell should be recognized for their service HON. PETER J. VISCLOSKY Iraqi Freedom. to our Nation and for their commitment and OF INDIANA Lance Corporal Cote was killed by an explo- sacrifices in battle. I am honored to present IN THE HOUSE OF REPRESENTATIVES sive device in al-Anbar province during com- Mr. Powell with his long overdue Purple Heart. bat operations. He was assigned to the Marine He should know that we truly consider him Tuesday, February 6, 2007 Wing Support Squadron 373 stationed out of one of America’s heroes. Mr. VISCLOSKY. Madam Speaker, it is with the Marine Corps Air Station in Miramar, CA. f a great sense of honor that I rise to celebrate Lance Corporal Budd Cote was born in Co- HONORING BORDEN BYRD Black History Month and its 2007 theme— rona, CA, on June 27, 1985. He spent his From Slavery to Freedom: Africans in the childhood in the Las Vegas valley before mov- Americas. As we recall the many struggles ing to Tucson, AZ, where he attended high HON. MICHAEL C. BURGESS and reflect on the immense impact African- school. OF TEXAS Americans have had on this country, we are Lance Corporal Cote was a hero whose de- IN THE HOUSE OF REPRESENTATIVES sire to serve his country will forever make an reminded that, though we have made great Tuesday, February 6, 2007 strides, we must continue the fight for a soci- impact on his family, his community and his ety that is truly equal. country. He joined the U.S. Marine Corps to Mr. BURGESS. Madam Speaker, I rise today to recognize Borden Byrd for his heroic The theme for this year’s Black History serve his country in the Global War on Terror. effort to save a possible collision between two Month, From Slavery to Freedom: Africans in He will not only be remembered for his sac- jets on August 24, 2006. the Americas, is a reminder that in striving for rifice and willing service, but for the extraor- Mr. Byrd is the air traffic controller at DFW equality, we must examine the past. We re- dinary person that he was. His warmth and TRACON (DIO), one of the control towers for member those brought to America against optimism brightened the lives of his family and the Dallas-Fort Worth International airport. As their will, forced into slavery, working under friends. He is survived by his loving wife, DFW is among the top three busiest airports the most inhumane conditions. From this, Zoraida, his parents, Marcella and Roland in the Nation, the controllers must be focused however, we are reminded of those who rec- Cote and siblings, Alex, Christopher and Tif- and attentive at all times to ensure safe and ognized this atrocity and made the decision to fany. smooth air traffic. If it were not for Mr. Byrd’s fight for their freedom. We pay special tribute Madam Speaker, I am proud to honor the immediate reaction and sharp eye, two jets, to those who were persecuted, and in many life of Lance Corporal Budd M. Cote. Lance an American Airlines MD80 and a United Ex- cases murdered, for their impassioned strug- Corporal Budd M. Cote made the ultimate sac- press regional jet, might have collided last Au- gle for what was right. From the earliest men rifice for his country while fighting the War on gust. and women forced into slavery to the brave Terror and defending democracy and freedom. f That day, the regional jet’s pilots had en- soldiers, both free and enslaved, who joined tered an incorrect runway into the Flight Man- forces to eventually defeat the Confederacy, TRIBUTE TO PURPLE HEART RE- agement System, which put the jet directly into thus establishing their own freedom, all are to CIPIENT ROGER WILLIAM POW- the path of the MD80. Luckily, Mr. Byrd no- be commended with the highest admiration ELL OF ZEPHYRHILLS, FLORIDA ticed the anticipated trajectory paths for the and praise. Without these struggles, President jets and directed the regional jet immediately Abraham Lincoln’s reminder of our founding HON. GINNY BROWN-WAITE to the west, out of the path of the MD80. His fathers’ goal, the establishment of a new Na- careful watch and proactive character saved tion, conceived in liberty, and dedicated to the OF FLORIDA IN THE HOUSE OF REPRESENTATIVES numerous lives that day. proposition that all men are created equal, It is with great honor that I recognize Mr. Tuesday, February 6, 2007 would not be possible. Borden Byrd for his exceptional service not It is the efforts of these brave individuals Ms. BROWN-WAITE of Florida. Madam only to Dallas-Fort Worth International airport, that would inspire the great leaders of the civil Speaker, I rise today to honor Roger William but also to our community. His knowledge and rights movement, like Dr. Martin Luther King, Powell, a native of Montrose, MI who volun- dedication to air safety prevented a great trag- Jr., and Rosa Parks, to persevere and make teered for the U.S. Army on January 22, 1969. edy from occurring, and I join his family and great strides toward this goal. Some of these Assigned as a mechanic, Mr. Powell was sent friends in congratulating him on this heroic af- leaders, like many before them, would face to Vietnam on June 22, 1969, with an armor fair. similar persecution. Some, like Dr. King, would recon specialty where he became a part time f pay the ultimate price in hopes that one day scout driver and machine gun operator. As- all Americans would be seen as equals. We signed to E Troop, 1st Calvary Regiment, 11th PAYING TRIBUTE TO BONNIE are aware, however, that as a united society, Infantry Brigade, his base camp was Chu Lie. SCHOFIELD we must continue to make strides like those On August 8, 1969, his troop was in the generations who came before us. From the field in Quang Ngai when they came under HON. JON C. PORTER days of slavery to the days of segregation, we hostile fire from Viet Cong forces. Rocket pro- OF NEVADA must continue to work toward a society that is pelled grenades landed amongst the troops, IN THE HOUSE OF REPRESENTATIVES truly equal, a society with equal rights, equal with Mr. Powell sustaining shrapnel wounds in justice, and equal opportunities. his right eye, both hands and arms and a per- Tuesday, February 6, 2007 Madam Speaker, I ask that you and my dis- forated eardrum. transferred by Medivac heli- Mr. PORTER. Madam Speaker, I honor Mrs. tinguished colleagues join me in honoring the copter to an evacuation hospital in Japan, he Bonnie Schofield for her dedication to the brave men and women who have led us in the remained under medical care for three community and families she served. ongoing fight for justice and equality. Let us months. A purple heart was noted on his Bonnie has been serving 79 families in take this opportunity to honor the sacrifices record but not awarded, as Mr. Powell was not Hiko, NV, as a postmaster since 1973, 6 and contributions of all Americans who have at that facility a sufficient time for the paper- hours a day, 6 days a week. Bonnie’s families fought for their freedom and the freedom of work to be processed. picked their mail up at the Post Office in front others. This commitment to equality, oppor- Following his recovery from his injuries, he of her house in an old-fashioned way. Instead tunity, and an end to discrimination is to be was reassigned stateside to Ft. Knox, KY. Mr. of using the modern-day post office boxes, the admired. Powell then volunteered for duty in Germany mail was sorted into old-fashioned sacks

VerDate Aug 31 2005 04:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A06FE8.008 E06FEPT1 bajohnson on PROD1PC69 with REMARKS E270 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2007 Bonnie handmade herself and then hung onto INTRODUCTION OF RESOLUTION HONORING THE CITY OF pegs. Families would then pick up their mail REGARDING 9/11 HEALTH ISSUES PIEDMONT while the traditions of past generations stayed intact. HON. BARBARA LEE For the 30 years prior to her appointment as HON. CAROLYN B. MALONEY OF CALIFORNIA postmaster, Bonnie’s mother-in-law held the OF NEW YORK position. Her daughter also continues the fam- IN THE HOUSE OF REPRESENTATIVES ily tradition, for she was named postmaster for IN THE HOUSE OF REPRESENTATIVES Tuesday, February 6, 2007 2004 in Alamo, NV. Bonnie also has served Tuesday, February 6, 2007 Mrs. LEE. Madam Speaker, I rise today to the National Association of Postmasters of the honor the City of Piedmont on the occasion of U.S., NAPUS, as State president, on its State Mrs. MALONEY of New York. Madam its Centennial Celebration. council, and representing Nevada in Wash- Speaker, as a next step in the long fight to en- Prior to its incorporation as a city in 1907, ington, DC. sure that the heroes of 9/11 get the medical Piedmont was comprised of lands owned by On December 1, 2006, Bonnie retired from monitoring and treatment they need and de- individuals such as Don Luis Peralta, Walter her position as postmaster and, with her, lay serve, today with my colleague Rep. VITO Blair and James Gamble. During the late to rest the traditions of Hiko’ s community. FOSSELLA, I am introducing a resolution urging 1800s, Mr. Blair bought 600 acres of land from What she will miss the most is the customer the Administration to prepare a comprehensive the Peraltas. He built a dairy on Highland Ave- interaction and personalized service. Now that plan to medically monitor all individuals—re- nue, a quarry, a hotel and an amusement park she is retired, she plans on nurturing her gar- sponders, residents, area workers and school known as Blair Park. den and traveling with her husband of 49 children—who were exposed to the toxins of In 1877 James Gamble, the president of years. Bonnie also plans on spending more Western Union Telegraph, bought 350 acres time with her 4 children, 18 grandchildren, and Ground Zero on 9/11 and to treat all those who are sick as a result. from Mr. Blair. He built a house on Hillside Av- 8 great-grandchildren. enue and planned to sell the rest of the land Madam Speaker, it is with great honor that A peer-reviewed study released last year by so others could build houses as well. He I recognize the gracious efforts of Mrs. Bonnie the World Trade Center Medical Monitoring called his business the Piedmont Land Com- Schofield. Her diligence and dedication are Program found that 70 percent of 9/11 re- pany, which he felt was appropriate for the those to be admired. I wish her luck with all sponders have suffered from respiratory ail- new community due to the fact that Piedmont her future endeavors. ments and 60 percent are still sick. Among means ‘‘foot of the mountain’’ in Italian. those screened, 40 percent do not have health f In the 1880s there were only seven houses insurance. A study previously published by the where the City of Piedmont is now. During the TRIBUTE TO MAYOR MANUEL DIAZ New York City Fire Department documented a same time Piedmont had its first and only fac- 12-year lung capacity loss, on average, tory, the Ladies Silk Culture Society. Over 100 HON. KENDRICK B. MEEK among New York City firefighters who re- women worked spinning thread from the co- sponded to the World Trade Center. OF FLORIDA coons of silk worms that grew on the mulberry trees, but ultimately there weren’t enough IN THE HOUSE OF REPRESENTATIVES Despite these well-documented illnesses trees and the factory closed in 1895. Tuesday, February 6, 2007 and lack of medical insurance, only a fraction of 9/11 responders, area residents, workers While major landowners were building large Mr. MEEK of Florida. Madam Speaker, I and school children are being medically mon- houses in the middle of Piedmont during the congratulate Mayor Manuel Diaz of Miami for itored. Far fewer are receiving the treatment early 20th century, many artists and writers receiving the ‘‘Outstanding American by they need. Even worse, the first federal fund- lived in smaller houses they built themselves Choice’’ award on January 24, 2007 at the ing for treatment of responders, which was on Scenic Avenue. Jack London, Xavier Mar- White House. distributed in October 2006, is projected to run tinez and George Sterling all lived in the hills of Piedmont during the early 1900s. The ‘‘Outstanding American by Choice’’ out sometime this summer—just months after award recognizes the achievements of natural- On April 18, 1906, the infamous San Fran- the treatment program began. ized U.S. citizens who, through civic participa- cisco earthquake rocked the Bay Area, send- tion, professional achievement and respon- I am pleased that the Administration has, for ing thousands of city residents across the Bay sible citizenship, have demonstrated their the first time ever, included funding in the into the surrounding communities. Many of commitment to this country and to common FY2008 budget for health treatment for sick those who fled the destruction in San Fran- civic values. The award is given to citizens and injured 9/11 first responders. However, cisco at that time came to Oakland, Berkeley who have made significant contributions to the $25 million included will cover just a small and Piedmont, which grew 10 times larger in their community and to this country. fraction of the cost of monitoring and treating one year as a result. Mayor Diaz was born on November 5, 1954 the thousands exposed to the toxins of On January 7, 1907, Hugh Craig and James in Havana, Cuba and immigrated to the United Ground Zero. I am also pleased that the Ad- Ballentine filed papers with the State of Cali- States with his mother, Elisa, in 1961. He ministration has finally said that HHS will be fornia to incorporate the City of Piedmont. An grew up in Miami’s Little Havana neighbor- producing an estimate for the heath needs of election was held on January 26, 1907 and hood and attended Belen Jesuit Prep School, first responders—but only first responders. 118 men who owned land in Piedmont voted Miami-Dade College, Florida International Uni- Quite simply, a plan that takes into account to become a city. Some residents were dis- versity and the University of Miami’s School of only first responders is not sufficient. The hun- pleased with this result, however, and another Law. dreds of thousands of area residents, workers, election was held in September of the same Mayor Diaz was elected as mayor of the city school children and federal employees who year; the result held and Piedmont became a of Miami in 2001 and re-elected to a second are in need of monitoring and treatment de- city by a mere 10 votes. Vamey Gaskill be- term in 2005. He has led the effort to reform serve to be included in any plan put forth by came the first mayor of Piedmont, but only Miami city government, improve public HHS. served for three months. In May of 1907 Hugh schools, and bring increased investment and Craig became the second mayor of the city business opportunities to Miami. Vanity Fair I am hopeful that Congress will be taking di- and is considered by many to be the ‘‘father’’ magazine has honored Mayor Diaz, calling rect action in the coming weeks and months to of Piedmont. Piedmont City Hall was built in him one of North America’s leading environ- fund current treatment and monitoring pro- 1908. mentally conscious mayors. In recognition of grams as well as expand those programs to Over the past century, the City of Piedmont his accomplishments, Mayor Diaz was hon- include all affected residents, school children, has developed a governmental organization ored by his fellow mayors and elected chair of area workers and rescue workers who came that provides its citizens with an exceptionally the Advisory Board of the United States Con- to New York from across the country after 9/ high level of municipal and educational serv- ference of Mayors in 2006. 11. As we work together toward bolder action, ices by partnering an exceptional staff with a Mayor Diaz’s achievements should make all I believe this resolution urging the Department tradition of generous community volunteerism. Americans proud that, in this Nation of immi- of Health and Human Services to develop a The residents of Piedmont have a history of grants, success in life is attainable through comprehensive plan is an important first step service and leadership that extends from local hard work and the desire to achieve great in focusing the Administration’s attention on to international endeavors. Their work contrib- dreams. the health needs of the all the heroes of 9/11. utes immeasurably to the quality of life here in

VerDate Aug 31 2005 04:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A06FE8.013 E06FEPT1 bajohnson on PROD1PC69 with REMARKS February 6, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E271 California’s 9th Congressional District and be- tigators, and expands funding for high risk and TRIBUTE TO GRACE CARTER yond, and it is my pleasure to extend my high impact research—the future of medicine. DAWKINS heartfelt congratulations to all of Piedmont’s As the chair of the Agriculture Appropria- residents on the occasion of its Centennial tions Subcommittee, I am pleased we were HON. PHIL GINGREY Celebration. able to hold the line on rural development pro- OF GEORGIA f grams which provide assistance for rural utili- IN THE HOUSE OF REPRESENTATIVES FURTHER CONTINUING APPRO- ties systems, business development, commu- Tuesday, February 6, 2007 PRIATIONS, FISCAL YEAR 2007 nity facilities and housing—programs that oth- Mr. GINGREY. Madam Speaker, I rise today erwise would have seen draconian cuts under to honor the memory of Grace Carter SPEECH OF the President’s FY07 request. We provide $65 Dawkins, a native of Greenville, GA. Mrs. HON. ROSA L. DeLAURO million to help us counter the avian flu threat. Dawkins recently passed away, leaving behind OF CONNECTICUT And having been alarmed by breakdowns in a long legacy of compassion and spirited in- IN THE HOUSE OF REPRESENTATIVES our food safety and drug safety processes volvement in her community. Wednesday, January 31, 2007 these last few years—from Vioxx to spinach— Mrs. Dawkins had a big heart and a willing- I am pleased we were able to provide some ness to help others. As a teacher in Newnan Ms. DELAURO. Mr. Speaker, I rise in sup- increases in this bill to help us begin to restore and Atlanta, she not only taught home eco- port of this continuing resolution and want to nomics and served as a class sponsor, but thank the Chairman, Mr. OBEY, for his leader- public confidence in these areas—at the USDA and FDA. she helped sew prom dresses for the students ship and that of his staff. Indeed, in the last and cooked up delicious meals for class ban- few weeks alone, I think we have seen more Indeed, Mr. Speaker, with this bill, we are quets. leadership and more courage than we saw at sending the same message to the American Grace was also deeply involved with her any time in the last 6 years. You made hard people about their Congress. And so, I want to church, Brinson Chapel, where she lent her choices—unpopular choices. But you took the again commend my friend and chairman, Mr. passion for service to the church’s missionary, first steps toward restoring fiscal discipline and OBEY, for doing remarkable work under the senior, and community outreach programs. order to a process that for too long had been most difficult circumstances imaginable. It is Madam Speaker, I’ve had the honor to ex- broken. time to put the public interest before the spe- perience Grace’s generous personality first- And so, Mr. OBEY, I want to thank you—for hand, and I know her loving acts of kindness reminding us that our first obligation is not to cial interests. And with this bill, we take the first steps necessary to doing that. It is about will be felt in Greenville for many years to the special interests, but to the American peo- come. time. ple. To the business of governing responsibly. I also know Grace’s husband, Robert, her I am honored to call you my Chairman. sister, Gloria Carter Morris, and her three f Mr. Speaker, this bill is only being consid- brothers, Rufus, Earnest, and Willie Carter, ered for one reason and one reason alone— IN SUPPORT OF H.R. 808, ESTAB- will keep her memory strong. and that is because when the Republican ma- Madam Speaker, I ask that you join me in jority left town last year they did so without LISHING THE DEPARTMENT OF PEACE AND NONVIOLENCE honoring the compassion, charity, and joy of passing a single domestic appropriations bill. Grace Carter Dawkins’s life. No funding for health care. No funding for our f veterans or our seniors. That is what the taxpayers’ hard-earned dollars got them last HON. MAZIE K. HIRONO HONORING MRS. DAWN GASIOR OF year—nothing. OF HAWAII ST. SYMPHOROSA SCHOOL And so, I would say to my colleagues on the other side of the aisle—you had your chance IN THE HOUSE OF REPRESENTATIVES HON. DANIEL LIPINSKI to make this an open, transparent, functioning Tuesday, February 6, 2007 OF ILLINOIS process. You had your opportunity to crack IN THE HOUSE OF REPRESENTATIVES down on earmarks and special interests. You Ms. HIRONO. Madam Speaker, I strongly Tuesday, February 6, 2007 had that opportunity last year—for the last 6 support H.R. 808, establishing the Department years. And you squandered it and left a mess. of Peace and Nonviolence. Mr. LIPINSKI. Madam Speaker, I rise today This bill is but the first few steps Democrats to honor an outstanding educator in my dis- At a time when we are spending hundreds are taking toward cleaning up the mess left by trict, Mrs. Dawn Gasior. For 27 years, Mrs. the previous majority. It is by no means a per- of billions of dollars on the war in Iraq, which Gasior has tirelessly served her students and fect process. We are under no illusions. But the majority of the American public no longer the entire St. Symphorosa Parish community. by suspending this institution’s broken ear- supports, there is a growing call for a diplo- As a result of her dedicated and enthusiastic mark process, we have an opportunity to look matic and political, in other words, a peaceful efforts, she was recently nominated for the toward next year with some optimism. Indeed, resolution to this conflict. Archdiocese of Chicago’s ‘‘Heart of the we used this opportunity to strengthen our ca- The establishment of the Department of School’’ Award. pacity to respond to the needs of the public Peace and Nonviolence, with its emphasis on A long-time Clearing resident and student at and restore funding to a few key priorities that education and dispute resolution through St. Symphorosa from 1963 to 1971, Mrs. had for too long been neglected by the pre- peaceful means, sends a clear message to Gasior returned to the school in 1980 to es- vious majority. tablish a Kindergarten program and began our citizens and to the rest of the world that This is true in area after area—first and teaching the second grade in 1984. Mrs. our country recognizes and values the peace- foremost, with respect to our troops. Under Gasior still teaches the second grade today this bill, men and women wounded in action in ful resolution of conflicts and differences and and especially enjoys teaching the Sacra- Iraq and Afghanistan will receive the health that these methods should be emphasized to ments. She not only provides valuable insight care they need, as will 325,000 additional vet- resolve conflicts at both the individual and na- and moral guidance in the classroom, but also erans. We have restored some funding for tional levels. offers support to the parish through her work Head Start and early childhood education, for The Department of Peace is not a new idea. as a Eucharistic Minister. special education and for Pell Grants which My esteemed and highly respected prede- The Archdiocese of Chicago’s ‘‘Heart of the will help 5.3 million students pay for college. cessor from the State of Hawaii, first Rep- School’’ Award annually recognizes 14 teach- And by providing an additional $125 million for resentative and then Senator Spark M. Matsu- ers for their outstanding, unique, and innova- the President’s underfunded, undermanned No naga, proposed a similar institution 30 years tive accomplishments. This year, the Arch- Child Left Behind program, we can begin to ago as the Vietnam war waged on. After three diocese is acknowledging Mrs. Gasior in the help 6,700 underachieving schools turn area of Catholic School Identity and Mission decades of unresolved conflicts, worsening around. So, too, are we restoring funding to for her work in the design and implementation international relations, and seemingly endless the National Institutes of Health, which the of effective catechetical approaches in the cur- previous majority cut for the first time in 36 wars around the world, the time has come to riculum and for her commitment to promoting years. This bill supports an additional 500 re- bring this great idea to life. peace and justice. Mrs. Gasior’s nomination is search project grants, 1,500 first-time inves- I fully support H.R. 808. a tribute to her work and a reflection of the

VerDate Aug 31 2005 04:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A06FE8.016 E06FEPT1 bajohnson on PROD1PC69 with REMARKS E272 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2007 Chicago Archdiocesan pledge to develop edu- has never had a black majority on the school PERSONAL EXPLANATION cated, thoughtful, and moral students. board. It is my honor to commend Mrs. Dawn Until 1957, Little Rock had operated sepa- HON. JEFF FORTENBERRY Gasior for her achievements as an out- rate schools for blacks and whites. Despite an order from the United States Supreme OF NEBRASKA standing teacher and advocate of Catholic Court, Gov. Orval E. Faubus sought to pre- IN THE HOUSE OF REPRESENTATIVES education. She, along with countless other vent nine black students from entering Cen- Tuesday, February 6, 2007 educators, serves to enhance our overall edu- tral High, but President Dwight D. Eisen- cation system—impacting one student at a hower sent in the 101st Airborne to enforce Mr. FORTENBERRY. Madam Speaker, on time. I thank Dawn, along with all of our Na- the court’s order. Monday, February 5, 2007, I was unavoidably tion’s teachers, for their dedication, passion, Federal courts have monitored the desegre- detained and thus I missed rollcall votes Nos. and noble service. gation effort since 1965. 74 and 75. Sixty-eight percent of the district’s stu- f f dents are black, 24 percent are white, and LITTLE ROCK SCHOOL BOARD HAS Hispanics and Asians make up most of the PERSONAL EXPLANATION FIRST BLACK MAJORITY remaining 8 percent. The population of Lit- tle Rock is mostly white, and there are many predominantly white private schools HON. GENE GREEN HON. CHARLES B. RANGEL in the area. OF TEXAS OF NEW YORK The school district has sought to free itself IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES from federal monitoring, but a judge main- Tuesday, February 6, 2007 tained partial control after ruling two years Tuesday, February 6, 2007 ago that the district was not adequately ap- Mr. GENE GREEN of Texas. Madam Mr. RANGEL. Madam Speaker, I rise today praising how well its academic programs Speaker, I was unable to attend two votes last helped black students. to enter into the CONGRESSIONAL RECORD an night due to official business, hosting a paying article in the New York Times announcing a Superintendent Roy Brooks is black, as is for college workshop in my district. Robert Daugherty, the board’s president. majority African American School Board in Lit- I obtained an excused absence for this ‘‘I think people are looking for a change,’’ event, and I ask unanimous consent to include tle Rock, AR. This is the first time since Fed- Mr. Daugherty said. ‘‘They’re tired of things eral troops enforced integration in 1957 that this personal explanation in the RECORD. as usual, business as usual. They want people On February 5, 2007, I was unable to be African Americans have earned a majority on who are more in tune with the community, the Little Rock School Board. As pronounced and I think that’s what you see now.’’ present for rollcall votes No. 74 and No. 75. On rollcall vote No. 74 to suspend the rules in the article, it is good to see that people are Skip Rutherford, dean of the Clinton and agree to the resolution regarding National looking for a change. School of Public Service and a former board Consumer Protection Week, I would have The events that took place in Little Rock still president, said that a black majority on the board was ‘‘probably long overdue.’’ voted ‘‘aye.’’ stand as a testament to the spirit of resiliency Students will still come first, said Mr. On rollcall vote No. 75 to suspend the rules abiding deeply within the African American Rutherford, who is white. and agree to the resolution supporting the community. Similarly, the decision to integrate ‘‘I think the board members are going to goals and ideals of National Black HIV/AIDS in 1957 echoes our countries commitment to vote much more on the content of their char- Awareness Day, I would have voted ‘‘aye.’’ ultimately ensuring equality among all of our acter than the color of their skin,’’ he said. Nation’s sons and daughters. In the same way ‘‘Most people when they get on the school f that 1957 remains such a pivotal year in our board tend to view issues not by color but by PERSONAL EXPLANATION Nation’s history, I hope that these more recent what’s best for the students.’’ events continue to shape future generations— HON. PATRICK J. KENNEDY moving away from things as usual, as the arti- f OF RHODE ISLAND cle states, toward viewing issues of impor- INTRODUCTION OF THE MARRIAGE IN THE HOUSE OF REPRESENTATIVES tance from the perspectives of the people di- TAX PENALTY PERMANENT Tuesday, February 6, 2007 rectly affected rather than by socially engi- ELIMINATION ACT OF 2007 neered categories like race, gender, and Mr. KENNEDY. Madam Speaker, on rollcall class. No. 74 and No. 75 I was unable to make the Central to the article are the issues faced by HON. JERRY WELLER vote. Had I been present, I would have voted students, skin color notwithstanding. It is im- OF ILLINOIS ‘‘yea’’ on both No. 74 and No. 75. portant to understand that what this article IN THE HOUSE OF REPRESENTATIVES f highlights is not simply the need to recognize Tuesday, February 6, 2007 the gains made by African Americans in win- TRIBUTE TO FATHER ROBERT F. ning the majority of seats on the school board Mr. WELLER of Illinois. Madam Speaker, DRINAN, SJ but rather the changes in minds and hearts thank you for the opportunity to introduce the necessary to move to a space where people Marriage Tax Penalty Permanent Elimination SPEECH OF are voted for because of their desire to pre- Act of 2007. This important bill makes mar- HON. MICHAEL M. HONDA riage tax relief permanent for the 48 million serve and protect the interest of the people OF CALIFORNIA American married couples that benefit from they serve. IN THE HOUSE OF REPRESENTATIVES I applaud the efforts of Little Rock School the marriage tax relief enacted by Congress Monday, February 5, 2007 Board members as well as members of the and signed into law in 2003. community. Madam Speaker, if we do not act, in 2010 Mr. HONDA. Mr. Speaker, I rise today to [From the New York Times, Oct. 13, 2006] 48 million hardworking married couples will memorialize the recent passing and pay trib- face an annual tax increase which averages LITTLE ROCK SCHOOL BOARD HAS FIRST BLACK ute to a great and former Member of this MAJORITY $2,726. I am sure I speak for the married cou- House, Father Robert Drinan. Many Members (By the Associated Press) ples in my district and Illinois when I say that of this House have already praised his advo- $2,726 each year is a lot of money. In fact, if cacy of human rights and women’s rights, his LITTLE ROCK, AR.—For the first time since federal troops enforced public school integra- a couple were to put this money away each efforts to uphold government morality, his role tion here by escorting a group of black stu- year to pay for the costs of a child’s college as an educator, and his commitment to his dents into Central High School 49 years ago, education, without even earning interest they Catholic faith. I rise today to highlight and the Little Rock school board has a black ma- would have nearly $50,000. honor Father Drinan for a particular element of jority. My legislation will ensure that marriage tax his human and civil rights advocacy work. Dianne Curry won a runoff election on relief becomes permanent and 48 million In 1981, as a former Congressman and Tuesday, meaning four of the Little Rock American couples are not subject to a $2,726 noted advocate for social justice, Father School District’s seven board members are annual tax increase starting in 2010. I encour- Drinan was named to the Commission on black. Ms. Curry defeated Tom Brock, who had been appointed to fill an unexpired term age my colleagues to join me in continuing the Wartime Relocation and Internment of Civil- in February. fight to guarantee that the values we hold ians (CWRIC). This commission was formed The district, which has 26,000 students, has most dear, marriage, family and hard work are to investigate the facts and circumstances sur- been mostly black for years, but until now treated fairly under our tax code. rounding Executive Order (EO) 9066 and the

VerDate Aug 31 2005 04:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A06FE8.021 E06FEPT1 bajohnson on PROD1PC69 with REMARKS February 6, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E273 impact of this order and the ensuing exclusion, I was unable to cast the following rollcall Miles of Wyomissing, Deborah (Michael) relocation, and internment on American citi- votes. Had I been present, I would have voted Shimko of Nazareth; five grandchildren, Kelly zens and permanent resident aliens of Japa- as indicated below. (Tony) Curtis of Glen Allen, VA, Jeffrey (Mere- nese ancestry. Rollcall No. 74: ‘‘yea’’. dith) Miles currently serving at our Embassy in The CWRIC found that EO 9066 and the Rollcall No. 75: ‘‘yea’’. Mexico City, Mexico, Jennifer Miles of Chi- decisions that followed were not justified by f cago, IL, Michael and Mark Shimko of Naza- military necessity, but shaped by racial preju- reth; and three great-granddaughters, Caro- dice, wartime hysteria, and a failure of political HONORING TEMPLE COLLEGE line, Madelyn and Claire Curtis of Glen Allen, leadership. As a member of the commission, VA. Father Drinan was among the most outspoken HON. JOHN R. CARTER Madam Speaker, I would like to take this about the need to remedy the injustices done OF TEXAS opportunity to remember and celebrate the life to these loyal Americans and permanent resi- IN THE HOUSE OF REPRESENTATIVES of James C. Miles. I ask my colleagues to join dents. Based on the CWRIC’s findings and me in honoring his life and achievements here recommendations, Congress passed the Civil Tuesday, February 6, 2007 today. Liberties Act of 1988, which provided a na- Mr. CARTER. Madam Speaker, I would like f tional apology and redress to all surviving indi- to take this opportunity to recognize the high viduals who were excluded from their place of level of success achieved by Temple College NOW, MORE THAN EVER, WE NEED residence due to EO 9066. located in Temple, Texas. The Texas Bio- A DEPARTMENT OF PEACE The CWRIC and its findings are cited as science Institute established by Temple Col- historic and remarkable due to their impec- lege recently garnered the highest award of- HON. JOHN CONYERS, JR. cable credentials, solid research, and far- fered by the Community College Futures As- OF MICHIGAN reaching influence, As such, we cannot under- sembly, the distinguished Bellwether Award. IN THE HOUSE OF REPRESENTATIVES state the role of Father Robert Drinan in the The Bellwether Award is given to the highest Tuesday, February 6, 2007 proceedings and findings of this commission. achieving institute in workforce development. Mr. CONYERS. Madam Speaker, America He spoke for redress to former internees in his This award is given to only one community needs a Department of Peace in order to have Congressional testimony on behalf of the com- college each year, effectively recognizing the a peace-making capacity to match its war- mission. His testimony was truly instrumental Texas Bioscience Institute as the finest work- making capacity. America should rely on pre- in the passage of the Civil Liberties Act and force development institute at any community ventive diplomacy, not on preventive war. We sent a message to the Nation and the world college. One chancellor from a California com- should work within the framework of inter- that the U.S. Government is able to admit its munity college was so impressed with TBI he national law, not defy it. mistakes and take responsibility in making plans to emulate the institute at his school. My first campaign for Congress, following reparations. In a speech before Congress in This award not only recognizes TBl’s suc- the teaching of Dr. King, was based on ‘‘jobs, 1987, Father Drinan profoundly stated, ‘‘No cess; it is an indicator of the bright future of peace and justice.’’ That remains my priority U.S. Government may take away the liberty of Temple College and the Texas Bioscience In- agenda. So I am proud to be an original co- its citizens, even in wartime, unless there is stitute. With this award comes the opportunity sponsor of H.R. 808, Representative some clear and provable reason. Lacking any to apply for grants from the state and federal KUCINICH’s bill to establish a Department of such reason, the deprivation of liberty of any governments, ensuring the means for further Peace and Non-Violence. At a time when the U.S. citizen is a clear violation of the Constitu- successes from this institute. Not satisfied to world is awash in war, he and Marianne tion, which states in the 14th Amendment that rest on their laurels, the institute plans to in- Williamson, founder of the Peace Alliance, no person may be deprived of ‘life, liberty, or crease the number of students by 50 percent offer this modern vision of healing and pre- property without due process of law.’’’ to 150 and maintain the high level of teaching venting violence. Father Drinan maintained his commitment to achievement they are known for. I am very It could not be more timely. According to all the causes of human rights, education, and proud of their work and am honored to rep- reports, the Bush administration is debating promoting awareness of the triumphs and fol- resent such a fine academic institution as whether to attack Iran or to find peaceful ways lies of U.S. history throughout his life and well Temple College and their award-winning to deal with its nuclear program and its inter- after his tenure on the CWRIC. On the matter Texas Bioscience Institute. vention in Iraq. The prospect of President of Japanese American Internment, Father f Bush starting a ‘‘pre-emptive war’’ with Iran, Drinan was among the founding board mem- on top of the tragedy in Iraq, is frightening. If bers of the Civil Liberties Public Education TRIBUTE TO JAMES C. MILES that is not a compelling argument for creating Fund which was created by the Civil Liberties a Peace Department, then I do not know what Act of 1988 to fund educational and humani- HON. JOSEPH R. PITTS is. tarian purposes related to the wartime intern- OF PENNSYLVANIA We attacked Iraq because President Bush ment of Japanese Americans. As part of this IN THE HOUSE OF REPRESENTATIVES would not pursue peace and let U.N. inspec- board, Father Drinan ensured that we as a Tuesday, February 6, 2007 tors complete their work. Instead, he distorted Nation never forget the mistakes in our history intelligence and failed to foresee the terrible and are reminded to uphold the virtues of Mr. PITTS. Madam Speaker, it is my distinct consequences of that war. We must not re- equality and justice for all. honor to remember the life of a proud Berks peat those mistakes in Iran, or anywhere else. Mr. Speaker, Father Robert Drinan has cer- County resident, James C. Miles. James was Last night, I spoke to an overflowing crowd tainly impacted this Nation in innumerable born August 26, 1918, to Alfred and Grace that supports this measure and I told them ways, but I have been personally touched by Miles, and passed away on February 5, 2007, what I tell my colleagues now. The best way Father Drinan’s work and advocacy on behalf at the age of 88. to stop the war in Iraq is for the Congress to of the Japanese American community towards Born and raised in Reading, Pennsylvania, end our fighting there as soon as possible, redress. Our Nation owes Father Drinan much Mr. Miles graduated from Reading High and the best way to prevent wars with Iran honor, respect, and gratitude for his work to School in 1936 and later joined the U.S. Army and other adversarial nations is to establish a address the wrongs done to Japanese Ameri- during World War II. Utilizing his experience Department of Peace. We need a Cabinet cans during World War II and his tireless effort with the famous Reading Railroad industry, Secretary focused like a laser on how to keep to ensure this Nation lives up to its own stand- Mr. Miles served in Northern Africa and Eu- peace with Iran and constantly pressing the ards. He will be sorely missed. rope helping to repair the rail network in sup- President to choose that strategy. f port of the advance towards Germany. President Bush has already spent some $2 PERSONAL EXPLANATION Mr. Miles was a member of the Advent Lu- trillion on the war in Iraq. Just think what we theran Church in West Lawn, Pennsylvania. In could have done with $2 trillion spent on addition, Mr. Miles was a former President of health care and education. That is another HON. SOLOMON P. ORTIZ the Wernersville VFW. strong reason for the Department of Peace. A OF TEXAS Mr. Miles was preceded in death by his wife small fraction of that amount could also have IN THE HOUSE OF REPRESENTATIVES of over 40 years, the former Marjorie Elizabeth funded a robust, proactive Department of Tuesday, February 6, 2007 High, whom he wed November 27, 1941, and Peace to analyze looming conflicts and to ad- Mr. ORTIZ. Madam Speaker, due to my at- who passed away on May 22, 1986. Surviving vise the President on how to diffuse them tendance at a memorial service in my district, him are his two children, Larry E. (Catherine) without war.

VerDate Aug 31 2005 04:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A06FE8.028 E06FEPT1 bajohnson on PROD1PC69 with REMARKS E274 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2007 The most crucial point is what happens THE PASSING OF CHARLOTTE 5th consecutive year as its Chairman of the when the President and his top advisors con- THOMPSON REID Board. fer in the Oval Office about an international In 2000, Mr. Chiles began his leadership crisis. We need a Cabinet member at that HON. J. DENNIS HASTERT role within BIG as the President of the Los An- table who will forcefully and persistently advo- OF ILLINOIS geles/Long Beach Area Chapter. The following year, he was elected to the board of directors cate the peaceful options. Too often, the IN THE HOUSE OF REPRESENTATIVES phrase ‘‘search for peace’’ is simply a political of the National Organization. sound bite. President Bush assured us he was Tuesday, February 6, 2007 In 2000, Mr. Chiles became the Chairman of searching for peace, and that attacking Iraq Mr. HASTERT. Madam Speaker, I rise the Board and has been re-elected for 4 con- was his ‘‘last resort,’’ while he secretly plotted today to celebrate the life of a former member secutive years. During his chairmanship, the war. We need to ensure that war really is of this House and one of my predecessors, organization has grown and achieved remark- America’s last resort. Charlotte Thompson Reid, who passed away able successes. Mr. Chiles is also a Life Member of the Some of my colleagues may find this pro- on January 25, 2007. For those of us from the NAACP and the ROCKS, Inc., and an asso- posal interesting but feel they must deal with Fox Valley who have since gone on to a life of public service, Charlotte Thompson Reid is ciate member of the Tuskegee Airmen, Inc. ‘‘more pressing matters.’’ What is more press- Mr. Chiles is presently employed with the ing than preventing the violent deaths of our an inspiration to us all and an example of how to serve the people you have been trusted to Department of the Army, at the 63rd Regional Gl’s and of our fellow human beings every- Readiness Command in Los Alamitos, Cali- where? represent with the utmost integrity. Known as the ‘‘Grand Lady of Aurora, Illi- fornia where he serves as the Division Chief Some colleagues may think a Department of nois,’’ and ‘‘Charley’’ to her friends, Charlotte of the Human Resources Division. He is a Peace is being offered as a substitute for our accomplished great things for her hometown member of the United States Army Reserve, a Armed Forces. That is not true. We realize of Aurora and the surrounding area. Her spar- Vietnam Veteran, and was mobilized for a that sometimes force proves necessary to pro- kling personality and just plain Midwest-friend- year in support of Operation Enduring Free- tect our truly vital interests. A Peace Depart- liness is renown throughout all of Chicago dom. ment would complement the Pentagon, not re- land. He is a Life member and former board place it, but a Peace Department would make As I have said before on the floor of this member of the United States Army Warrant war as rare as possible. House, her service in Congress overlapped Officers Association. Mr. Chiles is also a Life I remind those cynical about the absolute with the beginning of my teaching career in Member of the Reserve Officers Association. priority of pursuing machinery for peace that Yorkville, Illinois and her outstanding record During Black History Month in 2005, he pre- Gandhi, Dr. King and Nelson Mandela, who helped inspire me to seek public office in the sented a report at its MidWinter Conference each pioneered paths of peace and non-violate 1970s. In fact, Charley’s endorsement and entitled ‘‘African American Warrant Officers— lence, are now hailed worldwide as heroes of work on my behalf helped me get elected in In Service to their Country—Their History, humanity. 1986 during my first and toughest race. Achievement, and Contributions to the Military After raising her family of four, she worked and the United States.’’ This year, his presen- f side by side with her husband Frank as he ran tation is on African American Warrant Officers for the House of Representatives in 1962. during World War II. INTRODUCTION OF THE RURAL When Frank suddenly died, she was elected Mr. Chiles served on the 37th Congres- COMMUNITIES INVESTMENT ACT, in his stead. She won re-election in four terms sional District’s Veterans Congressional Coun- H.R. 833 bringing her solid Midwestern values to this cil and is a Life Member of the Veterans of House. Charlotte went on to be appointed to Foreign Wars. It is my sincere hope that my colleagues will the F.C.C. where she served with distinction join me in honoring and recognizing Mr. Chiles HON. RON LEWIS until the mid-70s and was later appointed by and his significant accomplishments through- OF KENTUCKY President Reagan to serve on the Presidential out his career, his leadership with Blacks In Task Force on International Private Enterprise IN THE HOUSE OF REPRESENTATIVES Government, and his service to the African from 1985–1987. Tuesday, February 6, 2007 To be sure, Charley’s surviving children (Pa- American community and his country. tricia, Susan, and Frank), eight grandchildren, f Mr. LEWIS of Kentucky. Madam Speaker, I and thirteen great-grandchildren, should be HONORING THE DIOCESE OF rise to inform my colleagues of legislation I proud of the legacy she has left behind and ORANGE COUNTY have introduced today to strengthen econo- carry her spirit for life with them in their jour- mies in rural America. neys. HON. LORETTA SANCHEZ The legislation that I have proposed, The Madam Speaker, we are all indebted to OF CALIFORNIA Rural Communities Investment Act, H.R. 833, Charlotte Thompson Reid for her energy, her IN THE HOUSE OF REPRESENTATIVES extends tax initiatives to make the interest in- gentle manner and what she meant for this come on farm real estate and certain rural country. I offer her family my sincere condo- Tuesday, February 6, 2007 housing loans exempt from federal taxation. lences during this difficult time and wish them Ms. LORETTA SANCHEZ of California. Rural communities are facing sharp declines the very best in the future. Madam Speaker, I rise today to honor the Dio- in population and business development due f cese of Orange County which has recently to urban migration and consolidation trends in celebrated its 30th anniversary and thank BLACK HISTORY MONTH U.S. agriculture. My bill would provide tax in- Bishop Tod Brown for his leadership of the Di- centives to facilitate low cost financing options ocese. for farm and rural housing loans. More financ- HON. JUANITA MILLENDER-McDONALD The Diocese of Orange was established in ing options will encourage greater competition OF CALIFORNIA 1976 after 200 years of presence by the among lenders and better rates for borrowers. IN THE HOUSE OF REPRESENTATIVES Catholic Church symbolized by the Mission at San Juan Capistrano built in 1776. Tuesday, February 6, 2007 The Rural Communities Investment Act, first Since its original charter, The Diocese of introduced as H.R. 4854 in the 109th Con- Ms. MILLENDER-MCDONALD. Madam Orange has always stood for justice and gress, has received the support of the Ken- Speaker, during the month of February, we peace and has grown with Orange County tucky Bankers Association, a trade group rep- celebrate Black History Month. This year’s providing immeasurable service to the commu- resenting the interests of thousands of bank theme is ‘‘From Slavery to Freedom: The nity. employees across the Commonwealth of Ken- Story of Africans in the Americas.’’ The Diocese has a hand in the education of tucky. I would like to call the attention of my col- over 65,000 students from elementary through I believe the incentives offered in The Rural leagues to a man who exemplifies the charac- high school instilling values of community in- Communities Investment Act will provide a teristics of a leader in the African American volvement and a strong moral compass. solid foundation for new investment and eco- community. It is with great pride that I intro- The Diocese has also provided assistance nomic stability in small town America, making duce and honor Farrell J. Chiles as he cele- to over 400,000 patients through its clinics, rural communities affordable and attractive brates his 9th year as a member of Blacks In health centers, and hospitals in Orange Coun- places to live and do business. Government (BIG) and on completion of his ty.

VerDate Aug 31 2005 04:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A06FE8.034 E06FEPT1 bajohnson on PROD1PC69 with REMARKS February 6, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E275 On top of these services, the Catholic Dio- standing achievement in preparing our Hoosier ment of Hawaiian Home Lands, the Office of cese has been a beacon of hope for the un- children for their future opportunities. I urge St. Hawaiian Affairs, and private nonprofit organi- derprivileged in Orange County and always Bartholomew Catholic School to continue to zations experienced in planning and devel- provides help to those in need. be a shining example of superior leadership, oping affordable housing for Native Hawaiians. The Diocese has united a culturally diverse and continue its commitment to excellence in The Hawaiian Home Ownership Opportunity group of people, including my Vietnamese and education. Act of 2007 reauthorizes these programs and Latino communities, through faith, love and f adds a new provision authorizing loan guaran- understanding. The Church has always been tees for home mortgage refinancing. This in- welcoming and I thank them for their service. INTRODUCING THE HAWAIIAN HOMEOWNERSHIP OPPORTUNITY troduces greater flexibility and allows families f ACT OF 2007 to take advantage of lower interest rates as IN RECOGNITION OF ST. millions of other American families have. The BARTHOLOMEW CATHOLIC SCHOOL measure would also permit the Department of HON. NEIL ABERCROMBIE Hawaiian Home Lands to issue bonds. This OF HAWAII will allow the Department to service more low- HON. BARON P. HILL IN THE HOUSE OF REPRESENTATIVES income families without a large increase in ap- OF INDIANA Tuesday, February 6, 2007 propriations. IN THE HOUSE OF REPRESENTATIVES Mr. ABERCROMBIE. Madam Speaker, I rise This bill is about homeownership; this is not Tuesday, February 6, 2007 in support of legislation I am proud to intro- welfare or public assistance. It offers another Mr. HILL. Madam Speaker, I rise today to duce today. The Hawaiian Homeownership tool for a family to provide for a basic need, congratulate St. Bartholomew Catholic School Opportunity Act of 2007 is the exact same lan- housing. This is unbelieveably important in in Columbus, Indiana for receiving the Depart- guage of H.R. 5851, reported out of the House Hawaii where land is scarce and the median ment of Education’s 2006 No Child Left Be- Financial Services Committee on September home price on the island of Oahu is $639,000 hind Blue Ribbon School Award. 28, 2006, in the 109th Congress. and the median condominium price is St. Bartholomew Catholic School is among The measure reauthorizes existing Native $310,000. This measure will advance our ef- only 250 schools in the Nation to receive the Hawaiian housing programs for 5 years and forts to address housing affordability in the is- Blue Ribbon School Award, and 1 of 14 makes two adjustments to the program that lands. schools in Indiana honored with the award. will allow the Department of Hawaiian Home The award recognizes the high academic Lands to help more Native Hawaiians whose I would like to thank the House Financial achievements of the students. incomes are equal to or less than 80 percent Services Committee Chairman BARNEY FRANK The Blue Ribbon School Award is a testa- of the median income. and Subcommittee on Housing and Commu- ment to the hard work and dedication dem- In 2000 Congress passed legislation author- nity Opportunity Chairwoman MAXINE WATERS onstrated by the students, parents, teachers, izing the U.S. Department of Housing and who have been extremely supportive in deal- and administrators of St. Bartholomew Catho- Urban Development, HUD, to provide block ing with the housing problems of Hawaii. I lic School, including its Principal Kathy grants for affordable housing for Native Hawai- would also like to recognize my colleague Schubel. This school has become a model for ians through the Department of Hawaiian from Hawaii, Congresswoman MAZIE HIRONO, other Indiana schools for its academic excel- Home Lands. The 2000 measure also author- who, like Chairman FRANK and Chairwoman lence. ized HUD home loan guarantees for low-in- WATERS, is a cosponsor of this legislation. It is my honor and privilege to recognize St. come Native Hawaiians. Eligible borrowers in- I urge my colleagues to help the residents Bartholomew Catholic School for its out- clude Native Hawaiian families, the Depart- of Hawaii and support this legislation.

VerDate Aug 31 2005 04:58 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A06FE8.038 E06FEPT1 bajohnson on PROD1PC69 with REMARKS Tuesday, February 6, 2007 Daily Digest Senate Chamber Action NOMINATIONS Committee on Armed Services: Committee ordered favor- Routine Proceedings, pages S1583–S1654 ably reported the nominations of General George W. Measures Introduced: Nineteen bills and three res- Casey Jr., USA, for reappointment to the grade of olutions were introduced, as follows: S. 491–509, S. general and to be Chief of Staff, United States Army; Res. 72–73, and S. Con. Res. 9. Pages S1626–27 Admiral William J. Fallon, USN, for reappointment Measures Passed: to the grade of admiral and to be Commander, United States Central Command; and 37 nomina- Ronald Reagan Day: Senate agreed to S. Res. 73, tions in the Army and Air Force. designating February 6, 2007, as ‘‘Ronald Reagan WAR COSTS Day’’. Pages S1653–54 Committee on the Budget: Committee concluded a hear- Messages Referred: Page S1621 ing to examine war costs, focusing on the costs of Executive Communications: Pages S1621–26 operations in the Iraq theater and issues associated Executive Reports of Committees: Page S1626 with estimating those costs, while considering the costs of the continuing global war on terror, after re- Additional Cosponsors: Pages S1627–28 ceiving testimony from J. Michael Gilmore, Assist- Statements on Introduced Bills/Resolutions: ant Director for National Security, Congressional Pages S1628–53 Budget Office; and Steven M. Kosiak, Center for Additional Statements: Pages S1620–21 Strategic and Budgetary Assessments, and Gordon Adams, Woodrow Wilson International Center for Authorities for Committees to Meet: Page S1653 Scholars, both of Washington, D.C. Privileges of the Floor: Page S1653 EPA DECISIONS Adjournment: Senate convened at 10 a.m., and ad- Committee on Environment and Public Works: Com- journed at 7:31 p.m., until 10 a.m., on Wednesday, mittee concluded an oversight hearing to examine February 7, 2007. (For Senate’s program, see the re- recent Environmental Protection Agency (EPA) deci- marks of the Majority Leader in today’s Record on sions, focusing on EPA actions and documents, in- page S1654.) cluding monitoring regulations related to per- chlorate, the process for setting National Ambient Air Quality Standards (NAAQS), the lead NAAQS Committee Meetings process, air toxics control (the ‘‘once in, always in’’ (Committees not listed did not meet) policy), the Toxic Release Inventory, and EPA library closures, after receiving testimony from Ste- phen L. Johnson, Administrator, Environmental Pro- DEPARTMENT OF DEFENSE BUDGET tection Agency; John B. Stephenson, Director, Nat- Committee on Armed Services: Committee concluded a ural Resources and Environment, Government Ac- hearing to examine the President’s proposed budget countability Office; Thomas M. Sullivan, Chief request for fiscal year 2008 and the fiscal years 2007 Counsel for Advocacy, U.S. Small Business Adminis- and 2008 war supplemental requests in review of the tration; John R. Balmes, University of California, Defense Authorization Request for Fiscal Year 2008 San Francisco at San Francisco General Hospital, on and the Future Years Defense Program, after receiv- behalf of the American Lung Association and the ing testimony from Robert M. Gates, Secretary, and American Thoracic Society, and Gina M. Solomon, Tina W. Jonas, Under Secretary (Comptroller), both Natural Resources Defense Council, both of San of the Department of Defense; and General Peter Francisco, California; Leslie Burger, Princeton Public Pace, USMC, Chairman, Joint Chiefs of Staff. Library, Princeton, New Jersey, on behalf of the D141

VerDate Aug 31 2005 04:41 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D06FE7.REC D06FEPT1 bajohnson on PROD1PC69 with DIGEST D142 CONGRESSIONAL RECORD — DAILY DIGEST February 6, 2007

American Library Association; Robert T. Connery, United States Code, to preserve the independence of Holland and Hart, Denver, Colorado; and Nancy United States attorneys, after receiving testimony Klinefelter, Baltimore Glassware Decorators, Balti- from Senator Pryor; Paul J. McNulty, Deputy Attor- more, Maryland. ney General, Department of Justice; Mary Jo White, BUDGET PROPOSAL Debevoise and Plimpton, LLP, New York, New York, former United States Attorney; Laurie L. Committee on Finance: Committee concluded a hearing Levenson, Loyola Law School Center for Ethical Ad- to examine the President’s Fiscal Year 2008 budget vocacy, Los Angeles, California; and Stuart M. proposal, after receiving testimony from Henry M. Gerson, Epstein, Becker and Green, Washington, Paulson, Secretary of the Treasury. D.C. SOMALIA NOMINATIONS Committee on Foreign Relations: Subcommittee on Afri- can Affairs concluded a hearing to examine a com- Committee on the Judiciary: Committee concluded a prehensive stabilization, reconstruction and counter- hearing to examine the nominations of John Preston terrorism strategy for Somalia, after receiving testi- Bailey, to be United States District Judge for the mony from Jendayi E. Frazer, Assistant Secretary of Northern District of West Virginia, who was intro- State for African Affairs; Michael E. Hess, Assistant duced by Senator Byrd and Representative Capito, Administrator, Bureau for Democracy, Conflict, and and Otis D. Wright II, and George H. Wu, each to Humanitarian Assistance, United States Agency for be United States District Judge for the Central Dis- International Development; David H. Shinn, George trict of California, after the nominees testified and Washington University Elliott School of Inter- answered questions in their own behalf. national Affairs, former Ambassador to Ethiopia, and INTELLIGENCE J. Stephen Morrison, Center for Strategic and Inter- national Studies, both of Washington, D.C.; and Select Committee on Intelligence: Committee held closed Ken Menkhaus, Davidson College, Davidson, North hearings on intelligence matters, receiving testimony Carolina. from officials of the intelligence community. Committee recessed subject to the call. U.S. ATTORNEYS Committee on the Judiciary: Committee concluded a NOMINATION hearing to examine if the Department of Justice is Select Committee on Intelligence: Committee ordered fa- politicizing the hiring and firing of U.S. attorneys vorably reported the nomination of J. Michael relating to preserving prosecutorial independence, in- McConnell, of Virginia, to be Director of National cluding S. 214, to amend chapter 35 of title 28, Intelligence. h House of Representatives Suspensions: The House agreed to suspend the rules Chamber Action and pass the following measures: Public Bills and Resolutions Introduced: 33 pub- Bainbridge Island Japanese American Monu- lic bills, H.R. 833–865; and 10 resolutions, H.J. ment Act of 2007: H.R. 161, to adjust the boundary Res. 22; H. Con. Res. 56–59; and H. Res. 128–132 of the Minidoka Internment National Monument to were introduced. Pages H1270–72 include the Nidoto Nai Yoni Memorial in Bain- Additional Cosponsors: Pages H1272–73 bridge Island, Washington, by a 2⁄3 yea-and-nay vote Reports Filed: There were no reports filed today. of 419 yeas with none voting ‘‘nay,’’ Roll No. 76; Speaker: Read a letter from the Speaker wherein she Pages H1218–22, H1228–29 appointed Representative Johnson of Georgia to act Commission to Study the Potential Creation of as Speaker Pro Tempore for today. Page H1213 the National Museum of the American Latino Act of 2007: H.R. 512, amended, to establish the Com- Recess: The House recessed at 10:43 a.m. and re- mission to Study the Potential Creation of the Na- convened at 12 p.m. Page H1214 tional Museum of the American Latino to develop a plan of action for the establishment and maintenance

VerDate Aug 31 2005 04:41 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D06FE7.REC D06FEPT1 bajohnson on PROD1PC69 with DIGEST February 6, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D143

of a National Museum of the American Latino in Adjournment: The House met at 10:30 a.m. and Washington, DC; Pages H1222–25 adjourned at 6:05 p.m. Allowing for the renegotiation of the payment schedule of contracts between the Secretary of the Committee Meetings Interior and the Redwood Valley County Water HOMELAND SECURITY APPROPRIATIONS District: H.R. 235, amended, to allow for the renegotiation of the payment schedule of contracts be- Committee on Appropriations: Subcommittee on Home- tween the Secretary of the Interior and the Redwood land Security held a hearing on Major Management Challenges Facing the Department of Homeland Se- Valley County Water District; Page H1225 curity in Implementing Legislated and Other Secu- Removing certain restrictions on the Mammoth rity Improvements. Testimony was heard from David Community Water District’s ability to use certain M. Walker, Comptroller General, GAO; and Richard property acquired by that District from the United L. Skinner, Inspector General, Department of Home- States: H.R. 356, to remove certain restrictions on land Security. the Mammoth Community Water District’s ability PRESIDENT’S FY 2008 BUDGET to use certain property acquired by that District from the United States; and Pages H1225–26 Committee on the Budget: Held a hearing on the Presi- dent’s Fiscal Year 2008 Budget. Testimony was Yakima-Tieton Irrigation District Conveyance heard from Robert J. Portman, Director, OMB. Act of 2007: H.R. 386, to authorize the Secretary of the Interior to convey certain buildings and lands of HHS’S FY 2008 BUDGET the Yakima Project, Washington, to the Yakima- Committee on Energy and Commerce: Held a hearing en- Tieton Irrigation District, by a 2⁄3 yea-and-nay vote titled ‘‘A Review of the Department of Health and of 417 yeas with none voting ‘‘nay,’’ Roll No. 77. Human Services’ Fiscal Year 2008 Budget.’’ Testi- Pages H1226–27, H1229 mony was heard from Michael O. Leavitt, Secretary Suspensions—Proceedings Postponed: The House of Health and Human Services. debated the following measure under suspension of ISSUANCE OF SUBPOENAS the rules. Further proceedings were postponed until Committee on Energy and Commerce: Subcommittee on Wednesday, February 7: Oversight and Investigations met and adopted a mo- American River Pump Station Project Transfer tion to issue subpoenas to several individuals to ap- Act of 2007: H.R. 482, to direct the Secretary of the pear as witnesses before the Subcommittee in con- Interior to transfer ownership of the American River nection with a planned hearing on adequacy of the Pump Station Project. Pages H1227–28 Food and Drug Administration to assure the safety Resignation of the Clerk of the House: Read a of the drug supply on February 13, 2007. letter from Karen L. Haas, in which she announced HURRICANE KATRINA—FEDERAL her resignation as Clerk of the House of Representa- HOUSING RESPONSE tives, effective midnight on February 14, 2007. Committee on Financial Services: Held a hearing enti- Pages H1229–30 tled ‘‘Federal Housing Response to Hurricane Resignation of the Chief Administrative Officer Katrina.’’ Testimony was heard from Representatives of the House of Representatives: Read a letter Taylor, Jefferson, Boustany, Jr., and Melancon; Roy from Jay Eagen, in which he announced his resigna- A. Bernardi, Deputy Secretary, Department of Hous- tion as Chief Administrative Officer of the House of ing and Urban Development; David Garratt, Acting Representatives, effective midnight on February 14, Director of Recovery, FEMA, Department of Home- 2007. Page H1230 land Security; Walter Leger, Chairman, Housing and Electing Officers of the House of Representa- Redevelopment Task Force, Louisiana Recovery Au- tives: The House agreed to H. Res. 129, electing thority, State of Louisiana; Gray Swoope, Executive Lorraine C. Miller as Clerk of the House of Rep- Director, Development Authority, State of Mis- resentatives and Daniel P. Beard as Chief Adminis- sissippi; and public witnesses. trative Officer of the House of Representatives, after RAIL AND PUBLIC TRANSPORTATION agreeing to divide the question. Pages H1230–33 SECURITY Quorum Calls—Votes: Two yea-and-nay votes de- Committee on Homeland Security: Subcommittee on veloped during the proceedings of today and appear Transportation and Infrastructure held a hearing en- on pages H1228–29, H1229. There were no quorum titled ‘‘Update on Federal Rail and Public Transpor- calls. tation Security Efforts.’’ Testimony was heard from

VerDate Aug 31 2005 04:41 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D06FE7.REC D06FEPT1 bajohnson on PROD1PC69 with DIGEST D144 CONGRESSIONAL RECORD — DAILY DIGEST February 6, 2007

Kip Hawley, Assistant Secretary; Transportation Se- 399, To designate the United States Courthouse to curity Administration, Department of Homeland Se- be constructed in Jackson, Mississippi, as the ‘‘R. curity; the following officials of the Department of Jess Brown United States Courthouse;’’ H.R. 429, Transportation: Terry Rosapep, Deputy Associate To designate the United States courthouse located at Administrator, Program Management, Federal Tran- 225 Cadman Plaza East, Brooklyn, New York, as the sit Administration; and Michael Haley, Deputy ‘‘Hugh L. Carey United States Courthouse;’’ H.R. Chief Counsel, Federal Railroad Administration; and 430, To designate the United States bankruptcy Cathleen A. Berrick, Director, Homeland Security courthouse located at 271 Cadman Plaza East, and Justice Issues, GAO. Brooklyn, New York as the ‘‘Conrad Duberstein MISCELLANEOUS MEASURES United States Bankruptcy Courthouse;’’ H.R. 478, To designate the Federal building and United States Committee on the Judiciary: Subcommittee on Crime, courthouse located at 101 Barr Street in Lexington, Terrorism, and Homeland Security approved for full Kentucky, as the ‘‘Scott Reed Federal Building and Committee action the following bills: H.R. 545, Na- United States Courthouse;’’ H.R. 544, To designate tive American Methamphetamine Enforcement and the United States courthouse at South Federal Place Treatment Act of 2007; H.R. 137, Animal Fighting in Sante Fe, New Mexico, as the ‘‘Santiago E. Prohibition Enforcement Act of 2007; and H.R. Campos United States Courthouse;’’ and H.R. 584, 740, To amend title 18, United States Code, to pre- To designate the headquarters building of the De- vent caller ID spoofing. partment of Education in Washington, D.C., as the Prior to this action, the Subcommittee held a Lyndon Baines Johnson Federal Building. hearing on these bills. Testimony was heard from Representatives Tim Murphy of Pennsylvania; and PRESIDENT’S FY 2008 BUDGET PROPOSALS Udall of New Mexico; Barry M. Sabin, Deputy As- Committee on Ways and Means: Held a hearing on the sistant Attorney General, Department of Justice; and President’s FY 2008 budget proposals. Testimony public witnesses. was heard from Henry M. Paulson, Jr., Secretary of IRAQ RECONSTRUCTION COALITION the Treasury. PROVISIONAL AUTHORITY f Committee on Oversight and Government Reform: Held a hearing entitled ‘‘The Lasting Impact of CPA Deci- COMMITTEE MEETINGS FOR WEDNESDAY, sion-Making on Iraq Reconstruction.’’ Testimony FEBRUARY 7, 2007 was heard from Ambassador L. Paul Bremer, former (Committee meetings are open unless otherwise indicated) Administrator, Coalition Provisional Authority; Stu- Senate art W. Bowen, Jr., Special Inspector General for Iraq Reconstruction; and David R. Oliver, Jr., former Ad- Committee on Agriculture, Nutrition, and Forestry: to hold visor, Iraq Ministry of Finance, former Director of hearings to examine the United States Department of Ag- riculture farm bill proposal, 9:15 a.m., SD–106. Management and Budget, Coalition Provisional Au- Committee on Banking, Housing, and Urban Affairs: busi- thority. ness meeting to consider an original bill entitled ‘‘Public MISCELLANEOUS MEASURES Transportation Terrorism Prevention Act of 2007’’; to be followed by hearings to examine predatory lending prac- Committee on Transportation and Infrastructure: Sub- tices and home foreclosures, 10 a.m., SH–216. committee on Economic Development, Public Build- Committee on the Budget: to hold hearings to examine the ings, and Emergency Management approved for full President’s Fiscal Year 2008 budget proposal, 10 a.m., Committee action the following bills: H.R. 798, To SD–608. direct the Administrator of General Services to in- Committee on Commerce, Science, and Transportation: to stall a photovoltaic system for the headquarters hold hearings to examine climate change research and sci- building of the Department of Energy; H.R. 799, entific integrity, 10 a.m., SR–253. Appalachian Regional Development Act Amend- Committee on Energy and Natural Resources: to hold hear- ments of 2007; H.R. 187, To designate the Federal ings to examine the President’s proposed budget request building and United States courthouse and custom- for fiscal year 2008 for the Department of Energy, 9:30 house located at 515 West First Street in Duluth, a.m., SD–366. Committee on Environment and Public Works: Sub- Minnesota, as the ‘‘Gerald W. Heaney Federal Build- committee on Private Sector and Consumer Solutions to ing and United States Courthouse and Custom- Global Warming and Wildlife Protection, to hold hear- house;’’ H.R. 342, To designate the United States ings to examine global warming and wildlife, focusing on courthouse located at 555 Independent Street, Cape informing the Committee and the United States Senate Girardeau, Missouri, as the ‘‘Rush Hudson on issues related to global warming and wildlife, 10 a.m., Limbaugh, Sr., United States Courthouse;’’ H.R. SD–406.

VerDate Aug 31 2005 04:41 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D06FE7.REC D06FEPT1 bajohnson on PROD1PC69 with DIGEST February 6, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D145

Committee on Finance: to hold hearings to examine the Committee on Rules, to consider the following: H.R. 547, President’s Fiscal Year 2008 budget proposal, 10 a.m., Advanced Fuels Infrastructure Research and Development SD–215. Act; and an Oversight Plan for the 110th Congress, 2 Committee on Rules and Administration: to hold hearings p.m., H–313 Capitol. to examine the hazards of electronic voting, focusing on Committee on Transportation and Infrastructure, to mark the machinery of democracy, 10 a.m., SR–301. up the following measures: H.R. 720, Water Quality Fi- Select Committee on Intelligence: to hold closed hearings to nancing Act of 2007; H.R. 569, Water Quality Invest- examine certain intelligence matters, 2:30 p.m., SH–219. ment Act of 2007; H.R. 700, Healthy Communities Water Supply Act of 2007; H.R. 798, To direct the Ad- House ministrator of General Services to install a photovoltaic system for the headquarters building of the Department Committee on Appropriations, Subcommittee on Home- of Energy; H.R. 799, Appalachian Regional Development land Security, on Using Risk to Determine Homeland Se- Act Amendments of 2007; H.R. 802, Maritime Pollution curity Investments, 10 a.m., 2358 Rayburn. Prevention Act of 2007; H.R. 342, To designate the Committee on Armed Services, hearing on the Fiscal Year United States courthouse located at 555 Independent 2008 National Defense Budget Request from the Depart- Street, Cape Girardeau, Missouri, as the ‘‘Rush Hudson ment of Defense, 9:30 a.m., 2118 Rayburn. Limbaugh, Sr., United States Courthouse;’’ H.R. 399, To Committee on the Budget, hearing on the Treasury De- designate the United States Courthouse to be constructed partment Fiscal Year 2008 Budget, 10 a.m., 210 Cannon. in Jackson, Mississippi, as the ‘‘R. Jess Brown United Committee on Education and Labor, hearing on Strength- States Courthouse;’’ H.R. 429, To designate the United ening America’s Middle Class: Finding Economic Solu- States courthouse located at 225 Cadman Plaza East, tions to Help America’s Families, 10:30 a.m., 2175 Ray- Brooklyn, New York, as the ‘‘Hugh L. Carey United burn. States Courthouse;’’ H.R. 430, To designate the United Committee on Financial Services, hearing entitled ‘‘Com- States bankruptcy courthouse located at 271 Cadman mittee on Foreign Investment in the United States Plaza East, Brooklyn, New York as the ‘‘Conrad (CFIUS), One Year After Dubai Ports World,’’ 10 a.m., Duberstein United States Bankruptcy Courthouse;’’ H.R. 2128 Rayburn. 478, To designate the Federal building and United States Committee on Foreign Affairs, hearing on International courthouse located at 101 Barr Street in Lexington, Ken- Relations Budget for Fiscal Year 2008, 10 a.m., 2172 tucky, as the ‘‘Scott Reed Federal Building and United Rayburn. States Courthouse;’’ H.R. 544, To designate the United Committee on Homeland Security, hearing entitled ‘‘An States courthouse at South Federal Place in Sante Fe, New Overview of Issues and Challenges Facing the Department Mexico, as the ‘‘Santiago E. Campos United States Court- of Homeland Security,’’ 1 p.m., 311 Cannon. house;’’ and H.R. 584, To designate the headquarters Committee on the Judiciary, to mark up the following building of the Department of Education in Washington, bills: H.R. 545, Native American Methamphetamine En- DC, as the Lyndon Baines Johnson Federal Building; and forcement and Treatment Act of 2007; H.R. 137, Animal to consider an Oversight Plan for the 110th Congress, 10 Fighting Prohibition Enforcement Act of 2007; and H.R. a.m., 2167 Rayburn. 740, To amend title 18, United States Code, to prevent Committee on Ways and Means, hearing on the Presi- caller ID spoofing, 10:15, a.m., 2141 Rayburn. dent’s FY 2008 for the OMB, 2 p.m., 1100 Longworth. Committee on Natural Resources, to meet for organiza- Subcommittee on Social Security, to meet for organizational purposes, 11 a.m., 1324 Longworth. tional purposes, 11 a.m., 1105 Longworth. Committee on Oversight and Government Reform, hearing Permanent Select Committee on Intelligence, to consider the entitled ‘‘Iraqi Reconstruction: Reliance on Private Mili- following: Oversight Plan for the 110th Congress; and tary Contractors and Status Report,’’ 10 a.m., 2154 Ray- Member requests to view classified documents, 5 p.m., burn. H–405 Capitol.

VerDate Aug 31 2005 04:41 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D06FE7.REC D06FEPT1 bajohnson on PROD1PC69 with DIGEST D146 CONGRESSIONAL RECORD — DAILY DIGEST February 6, 2007

Next Meeting of the SENATE Modernization Commission Act of 2002, to extend the 10 a.m., Wednesday, February 7 term of the Antitrust Modernization Commission and to make a technical correction; (2) H.R. 365—Methamphet- amine Remediation Research Act of 2007; (3) H. Res. Senate Chamber 72—Recognizing the work and accomplishments of Mr. Britt ‘‘Max’’ Mayfield, Director of the National Hurricane Program for Wednesday: After the transaction of any Center’s Tropical Prediction Center, upon his retirement; morning business (not to extend beyond 2 p.m.), Senate (4) H. Res. 99—Commending the University of Ne- expects to consider certain pending executive nomina- braska-Lincoln volleyball team for winning the NCAA tions. Division I Women’s Volleyball Championship; (5) H. Res. 120—Recognizing the African American spiritual as a national treasure; (6) H.R. 187—Designating the Fed- Next Meeting of the HOUSE OF REPRESENTATIVES eral building and United States courthouse and custom- 10 a.m., Wednesday, February 7 house located at 515 West First Street in Duluth, Min- nesota, as the ‘‘Gerald W. Heaney Federal Building and United States Courthouse and Customhouse’’; and (7) House Chamber H.R. 238—Repealing a prohibition on the use of certain funds for tunneling in certain areas with respect to the Program for Wednesday: Consideration of the following Los Angeles to San Fernando Valley Metro Rail project, suspensions: (1) H.R. 742—Amending the Antitrust California.

Extensions of Remarks, as inserted in this issue

HOUSE Green, Gene, Tex., E272 Millender-McDonald, Juanita, Calif., E274 Hastert, J. Dennis, Ill., E274 Miller, Jeff, Fla., E267, E268 Abercrombie, Neil, Hawaii, E275 Hill, Baron P., Ind., E275 Ortiz, Solomon P., Tex., E273 Brown-Waite, Ginny, Fla., E269 Hirono, Mazie K., Hawaii, E271 Pitts, Joseph R., Pa., E273 Burgess, Michael C., Tex., E269 Honda, Michael M., Calif., E272 Porter, Jon C., Nev., E267, E268, E269, E269 Carter, John R., Tex., E273 Kennedy, Patrick J., R.I., E272 Conyers, John, Jr., Mich., E273 Lee, Barbara, Calif., E270 Rangel, Charles B., N.Y., E272 Delahunt, William D., Mass., E268 Lewis, Ron, Ky., E274 Rogers, Mike, Ala., E268 DeLauro, Rosa L., Conn., E271 Lipinski, Daniel, Ill., E271 Sanchez, Loretta, Calif., E274 Fortenberry, Jeff, Nebr., E272 Maloney, Carolyn B., N.Y., E267, E270 Visclosky, Peter J., Ind., E269 Gingrey, Phil, Ga., E271 Meek, Kendrick B., Fla., E270 Weller, Jerry, Ill., E272

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available through GPO Access at www.gpo.gov/gpoaccess. Customers can also access this information with WAIS client software, via telnet at swais.access.gpo.gov, or dial-in using communications software and a modem at 202–512–1661. Questions or comments regarding this database or GPO Access can be directed to the GPO Access User Support Team at: E-Mail: [email protected]; Phone 1–888–293–6498 (toll-free), 202–512–1530 (D.C. area); Fax: 202–512–1262. The Team’s hours of availability are Monday through Friday, 7:00 a.m. to 5:30 p.m., Eastern Standard Time, except Federal holidays. ¶ The Congressional Record paper and 24x microfiche edition will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $252.00 for six months, $503.00 per year, or purchased as follows: less than 200 pages, $10.50; between 200 and 400 pages, $21.00; greater than 400 pages, $31.50, payable in advance; microfiche edition, $146.00 per year, or purchased for $3.00 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to 866–512–1800 (toll free), 202–512–1800 (D.C. area), or fax to 202–512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Printing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

VerDate Aug 31 2005 04:41 Feb 07, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0664 Sfmt 0664 E:\CR\FM\D06FE7.REC D06FEPT1 bajohnson on PROD1PC69 with DIGEST