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, MONDAY, MARCH 5, 2007 No. 37 House of Representatives The House met at 12:30 p.m. and was vice, and the President’s stubborn re- PRAYER called to order by the Speaker pro tem- fusal to even acknowledge the con- The Chaplain, the Reverend Daniel P. pore (Ms. HIRONO). sequences of marching our country off Coughlin, offered the following prayer: f to war all have led to our servicemem- Lord God, You are ultimately the be- bers living in substandard conditions ginning and the end. All time stands DESIGNATION OF SPEAKER PRO after coming back and fighting for this TEMPORE before You as ever-present. Be present country. to all the Members of Congress and all The SPEAKER pro tempore laid be- Some of my colleagues deflect this who work with them and beside them fore the House the following commu- criticism by saying yes, that’s true, this day and this week. but what is your plan? Our plan is to nication from the Speaker: May the daily decisions that Your actually plan ahead. Most members of WASHINGTON, DC, people make be a sign to You, that act- the military like myself and the VSOs March 5, 2007. ing with hearts set on what is right, I hereby appoint the Honorable MASIE K. that support them anticipated the need seeking only lasting good for this Na- HIRONO to act as Speaker pro tempore on for added resources to support our vet- tion and for all peoples, they will prove this day. erans at a time of war. But the Presi- themselves to be the faithful and free NANCY PELOSI, dent continued year after year after children of their heavenly Father. Speaker of the House of Representatives. year to cut funding resources to the May routine be transformed by Your f VA. The cost of war must include the spirit and so be filled with meaning. cost of caring for our warriors. MORNING HOUR DEBATES May the ordinary work of this institu- Now another avoidable crisis is upon tion, having consequences around the The SPEAKER pro tempore. Pursu- us and I say and the country says, world, be undertaken by all as a ant to the order of the House of Janu- Enough is enough. The era of putting mighty work, with fear of the Lord and ary 4, 2007, the Chair will now recog- politics before the needs of our citizens give glory to Your Holy name both now nize Members from lists submitted by comes to an end. The American public and forever. the majority and minority leaders for will not stand for one more day of this Amen. morning hour debates. The Chair will incompetence. Now is the time to act. alternate recognition between the par- This Congress must exhibit the leader- ties, with each party limited to not to ship that will restore the American f exceed 30 minutes, and each Member, people’s confidence in their govern- except the majority leader, the minor- ment and provide the services to our THE JOURNAL ity leader, or the minority whip, lim- wounded veterans. The SPEAKER pro tempore. The ited to not to exceed 5 minutes. Chair has examined the Journal of the The Chair recognizes the gentleman f last day’s proceedings and announces from Minnesota (Mr. WALZ) for 1 to the House his approval thereof. minute. RECESS Pursuant to clause 1, rule I, the Jour- f The SPEAKER pro tempore. Pursu- nal stands approved. ant to clause 12(a) of rule I, the Chair THE TREATMENT OF OUR declares the House in recess until 2 VETERANS f p.m. today. Mr. WALZ of Minnesota. Madam Accordingly (at 12 o’clock and 34 Speaker, the failures of this adminis- minutes p.m.), the House stood in re- PLEDGE OF ALLEGIANCE tration are once again on display cess until 2 p.m. The SPEAKER pro tempore. Will the today. From the failure to plan for the gentleman from Texas (Mr. POE) come wars in Iraq and Afghanistan, to plan f forward and lead the House in the for the aftermath of Hurricane Pledge of Allegiance. Katrina, and now we face the uncon- b 1400 Mr. POE led the Pledge of Allegiance scionable failure to plan for the care of as follows: AFTER RECESS our veterans at Walter Reed and other I pledge allegiance to the Flag of the facilities across the country. The recess having expired, the House United States of America, and to the Repub- This administration’s inability to was called to order by the Speaker pro lic for which it stands, one nation under God, plan, their total disregard of expert ad- tempore (Mr. SALAZAR) at 2 p.m. indivisible, with liberty and justice for all.

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

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VerDate Aug 31 2005 02:24 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MR7.000 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE H2124 CONGRESSIONAL RECORD — HOUSE March 5, 2007 AMERICAN AID TO ‘‘HAMAS’’ Act (Public Law 102–575, title XVI; 43 U.S.C. to authorize the Secretary of the Inte- UNIVERSITY 390h et seq.) is amended by adding at the end rior to participate in the Inland Em- the following: (Mr. POE asked and was given per- pire regional water recycling project ‘‘SEC. 16ll. INLAND EMPIRE REGIONAL WATER mission to address the House for 1 and in the Cucamonga Valley Water RECYCLING PROJECT. District satellite recycling plant. minute.) ‘‘(a) IN GENERAL.—The Secretary, in co- Mr. POE. Mr. Speaker, incompetence operation with the Inland Empire Utilities H.R. 122, as amended, would add ap- seems to be running loose in a couple Agency, may participate in the design, plan- proximately 100,000 acre-feet of new of Federal foreign aid programs. The ning, and construction of the Inland Empire water annually to one of the largest re- United States dumps millions of Amer- regional water recycling project described in cycled water distribution systems in ican dollars for programs all over the the report submitted under section 1606(c). the Santa Ana River Watershed. Some ‘‘(b) COST SHARING.—The Federal share of world. Some of these may be worth- of the recycled water will be used to re- the cost of the project described in sub- claim the groundwater basin and help while, but I want to mention some that section (a) shall not exceed 25 percent of the defy common sense. drought-proof the service area. These total cost of the project. water recycling plants will develop re- According to the Washington Times, ‘‘(c) LIMITATION.—Funds provided by the the United States has been giving mil- Secretary shall not be used for operation and cycled water near where it will be used, lions of dollars to two Palestinian uni- maintenance of the project described in sub- offsetting the energy costs associated versities with links to the terrorist or- section (a). with pumping. The Subcommittee on Water and ganization Hamas. The money is sent ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to Power held hearings on similar legisla- through the United States Agency for carry out this section $20,000,000. tion in the 108th Congress. In the 109th International Development and ‘‘(e) SUNSET OF AUTHORITY.—The authority Congress, similar legislation was through a sister group called the Amer- of the Secretary to carry out any provisions passed by the House. ican Near East Refugee Aid. of this section shall terminate 10 years after H.R. 122, as amended, will provide a the date of the enactment of this section. The Islamic University, which is con- very modest amount of Federal finan- trolled by Hamas, has received money ‘‘SEC. 16ll. CUCAMONGA VALLEY WATER RECY- CLING PROJECT. cial assistance to help in the construc- for student scholarships and money to tion of these worthy water recycling build a state-of-the-art facility. Al ‘‘(a) IN GENERAL.—The Secretary, in cooperation with the Cucamonga Valley Water projects. Quds University also got millions of District, may participate in the design, plan- I urge my colleagues to support this dollars for scholarships for 2,000 stu- ning, and construction of the Cucamonga bill. dents. This is the same university that Valley Water District satellite recycling Mr. Speaker, I reserve the balance of held a week-long celebration honoring plants in Rancho Cucamonga, California, to my time. the founder of the suicide belt that reclaim and recycle approximately 2 million Mr. BISHOP of Utah. Mr. Speaker, I kills Americans and innocents. So it gallons per day of domestic wastewater. rise to support H.R. 122, as amended, seems the good ole U.S. taxpayer is ‘‘(b) COST SHARING.—The Federal share of and yield myself such time as I may paying for both sides of the war on ter- the cost of the project described in sub- consume. section (a) shall not exceed 25 percent of the ror. capital cost of the project. H.R. 122, sponsored by our colleague, No American money should be given ‘‘(c) LIMITATION.—Funds provided by the DAVID DREIER, authorizes the Bureau of to any university that preaches and Secretary shall not be used for operation and Reclamation to participate in two teaches hate and terror. maintenance of the project described in sub- water recycling projects in Southern And that’s just the way it is. section (a). California that will allow the water f ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— districts there to be less reliant on im- There is authorized to be appropriated to ported water. ANNOUNCEMENT BY THE SPEAKER carry out this section, $10,000,000. As the water demand grows and sup- PRO TEMPORE ‘‘(e) SUNSET OF AUTHORITY.—The authority plies become more scarce in Southern The SPEAKER pro tempore. Pursu- of the Secretary to carry out any provisions of this section shall terminate 10 years after California, this bill would help to ant to clause 8 of rule XX, the Chair the date of the enactment of this section’’. drought-proof this arid area. These will postpone further proceedings (c) CONFORMING AMENDMENTS.—The table projects would add over 75,000 acre-feet today on motions to suspend the rules of sections in section 2 of Public Law 102–575 of water annually to one of the last re- on which a recorded vote or the yeas is amended by inserting after the last item cycled water distribution systems in and nays are ordered, or on which the the following: the Santa Ana River Watershed. This vote is objected to under clause 6 of ‘‘16ll. Inland Empire Regional Water Recy- legislation passed the House during the rule XX. cling Program. past two Congresses, and I urge my col- Record votes on postponed questions ‘‘16ll. Cucamonga Valley Water Recycling leagues to support this noncontrover- Project.’’. will be taken after 6:30 p.m. today. sial bill. f The SPEAKER pro tempore. Pursu- Mr. Speaker, I would like to yield as ant to the rule, the gentleman from Ar- much time as he may consume to the INLAND EMPIRE AND CUCAMONGA izona (Mr. GRIJALVA) and the gen- sponsor of this piece of legislation, the VALLEY RECYCLING PROJECTS tleman from Utah (Mr. BISHOP) each gentleman from California (Mr. Mr. GRIJALVA. Mr. Speaker, I move will control 20 minutes. DREIER). to suspend the rules and pass the bill The Chair recognizes the gentleman (Mr. DREIER asked and was given (H.R. 122) to amend the Reclamation from Arizona. permission to revise and extend his re- Wastewater and Groundwater Study GENERAL LEAVE marks.) and Facilities Act to authorize the Sec- Mr. GRIJALVA. Mr. Speaker, I ask Mr. DREIER. Mr. Speaker, I rise in retary of the Interior to participate in unanimous consent that all Members strong support of this bill. As I was the Inland Empire regional recycling may have 5 days to revise and extend just told by a distinguished member of project and in the Cucamonga Valley their remarks and include extraneous the committee staff, we hope that the Water District recycling project, as material on the bill under consider- third time is a charm here. We have amended. ation. been pursuing this for quite a while, The Clerk read as follows: The SPEAKER pro tempore. Is there and I hope very much that we will be H.R. 122 objection to the request of the gen- able to see final implementation of Be it enacted by the Senate and House of Rep- tleman from Arizona? this. resentatives of the United States of America in There was no objection. I would like to recognize the leader- Congress assembled, Mr. GRIJALVA. Mr. Speaker, I yield ship again on both sides of the aisle; SECTION 1. INLAND EMPIRE AND CUCAMONGA myself such time as I may consume. the Committee on Natural Resources, VALLEY RECYCLING PROJECTS. The purpose of H.R. 122, as amended, of course, Mr. BISHOP, who served with (a) SHORT TITLE.—This section may be cited as the ‘‘Inland Empire Regional Water introduced by our colleague, Congress- great distinction on the Committee on Recycling Initiative’’. man DREIER of California, is to amend Rules. And I will say that we miss him (b) IN GENERAL.—The Reclamation Waste- the Reclamation Wastewater and upstairs in the Rules Committee. I es- water and Groundwater Study and Facilities Groundwater Study and Facilities Act pecially miss the fact that we are no

VerDate Aug 31 2005 02:24 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.003 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE March 5, 2007 CONGRESSIONAL RECORD — HOUSE H2125 longer in the majority up in the Rules wring the last drop of use out of water We all have been warned about global Committee, but he is serving very ably before it is ultimately returned to the warming and the impact it is going to now as an important member of the environment. have in terms of the future and the Natural Resources Committee and the It is imperative that we continue to possibility of the lack of water. Well, Water and Power Subcommittee. And I approve measures preventing water this addresses some of that. By recy- want to thank, of course, on the major- supply shortages in the western United cling the water in our region, we will ity side the distinguished chairman of States. And, Mr. Speaker, this recy- be able to increase the local water sup- the full committee, Mr. RAHALL, my cling initiative will help meet the ply and reduce our dependence on im- very good friend from California (Mrs. water needs of the Inland Empire and ported water from San Francisco Bay NAPOLITANO) with whom I worked begin a strategic Federal-local partner- delta area. ship to bring a significant amount of closely on this, and of course the rank- b 1415 ing member on the subcommittee, new water supply to this very impor- The Bureau of Reclamation has CATHY MCMORRIS RODGERS, and of tant region in Southern California. course the ranking member of the full This project has already been recog- ranked this project as one of the most cost-effective new water supply committee, Mr. YOUNG. nized nationally as one of the most I want to really underscore the great cost-effective water reuse projects that projects in California; I state, the most commitment and support that was pro- we have. effective, cost-effective water supply vided in this effort by my California The Inland Empire Utility Agency projects in California. And it is also en- colleague, Mrs. NAPOLITANO, who was and the Cucamonga Valley Water Dis- dorsed by all cities, including Fontana an original cosponsor of this bill and trict are innovative leaders in using and Ontario, as well as community has long been a great champion for high-quality recycled water in environ- groups and business groups, and envi- many, many years of regional water so- mentally sensitive and creative ways. ronmental leader groups, and I state, lutions. I am also very pleased to have This allows fresh water to be conserved environmental groups and leaders had the continued support and cospon- for drinking, reducing our dependence throughout the Inland Empire. I rise to give my full support, and I sorship of other Southern California on expensive imported water. urge my colleagues to do the same on colleagues in a bipartisan way, KEN The hard work of these two local this important issue on water that im- CALVERT, GARY MILLER, and of course I water agencies should be recognized. pacts not only the Inland Empire but am pleased to see that we have just Mr. Speaker, I want to specifically recognize the tireless efforts of Rich the State of California, and I ask full been joined on the floor here by my Atwater, the CEO of the Inland Empire support. good friend, who represents the Inland Utilities Agency, and Robert DeLoach, Mr. DREIER. Mr. Speaker, reclaim- Empire, Mr. BACA. And I should say, the CEO of the Cucamonga Valley ing my time, I thank my friend for his Mr. Speaker, that I just signed one of Water District. very able contribution. those cosponsor sheets and turned it in I would also like to commend the Let me just say, Mr. Speaker, in clos- at the desk that will now include Mr. boards of these agencies for their leading that I think that this legislation BACA’s name as one of the cosponsors ership in providing our region with underscores once again how the Cali- of this important legislation. safe, clean, and affordable water. And I fornia congressional delegation con- As many of you will recall, this bill will say, Mr. Speaker, that at a time tinues, as it has in the past, to work in was passed, as I said, by the last Con- when we are focusing constantly on the a bipartisan way addressing priority gress; but it was held up in the other need to look at ways to recycle and fo- concerns that we have, whether it be body over issues that were much larger cusing on the issue of environmentally transportation, dealing with the whole regarding overall reform of the Bureau sound planning for our future, meeting issue of base closure, dealing with the of Reclamation’s title 16 program. And our needs, this measure is, again, a challenge of illegal immigration, deal- I do share the concern that the pro- model that can be used for the rest of ing with this very important water re- gram, while hugely popular, successful the country. sources issue, health care issues. Cali- and competitive, is oversubscribed and At this juncture, I would be happy to fornia’s delegation is working together underfunded. That being said, Mr. yield to my very good friend, with in a bipartisan way to address them, Speaker, the need to reform the pro- whom I am privileged to share rep- and this legislation today is evidence gram shouldn’t hold back good projects resenting part of the Inland Empire, of our great success at implementing like this one. Mr. BACA. the shared vision that we have for the The Inland Empire Water Recycling (Mr. BACA asked and was given per- constituents whom we are honored to Initiative authorizes $30 million for the mission to revise and extend his re- represent in California. And I again Inland Empire Utilities Agency and the marks.) thank both Democrats and Republicans Cucamonga Valley Water District to Mr. BACA. I appreciate the com- on the Natural Resources Committee assist in constructing two water recy- ments by Mr. DREIER. I appreciate his for their strong support of this impor- cling projects. The projects will leadership on this important issue of tant legislation. produce nearly 100,000 acre-feet of new water. It is critical to the Inland Em- And, again, as Mr. BACA said, I hope water annually to the area’s water sup- pire. This is one that needs to be ad- very much that the committee and ply. This initiative has the support of dressed, and he has constantly ad- others will utilize this very successful all member agencies of the Inland Em- dressed the issues of water in the In- program as a model for future water re- pire Utilities Agency, which encom- land Empire, not only now, but in the cycling. passes 240 square miles in Southern past. And I rise in support of H.R. 122, Mr. BISHOP of Utah. Mr. Speaker, I California. It also serves a number of the Inland Empire recycling project. have no further requests for time, and cities that I am very honored to be able And I appreciate Grace Napolitano’s I yield back the balance of my time. to represent, the cities of Rancho leadership in this endeavor because Mr. GRIJALVA. Mr. Speaker, I have Cucamonga, Upland and Montclair, this is a bipartisan effort for the Inland no further requests for time, and I some of the fastest growing cities in Empire and its region in the area. This yield back the balance of my time. our Nation. is not a Republican or a Democratic The SPEAKER pro tempore. The These water agencies are using high- issue, but an issue that pertains to question is on the motion offered by quality recycled water in many water water and water that is important to a the gentleman from Arizona (Mr. intensive applications like landscape lot of us in that region and throughout GRIJALVA) that the House suspend the and agricultural irrigation, construc- the State of California. rules and pass the bill, H.R. 122, as tion and industrial cooling. This allows This project is important for my dis- amended. fresh water to be conserved or used for trict. And he not only mentioned his The question was taken; and (two- drinking, which reduces our depend- district that covers Upland and Rancho thirds being in the affirmative) the ence on expensive imported water. In Cucamonga, but it is important for my rules were suspended and the bill, as addition, by recycling water which district and across Southern California amended, was passed. would otherwise be wasted and unavail- because it would help solve California’s A motion to reconsider was laid on able, these agencies ensure that we state-wide water shortage. the table.

VerDate Aug 31 2005 05:24 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.005 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE H2126 CONGRESSIONAL RECORD — HOUSE March 5, 2007 SOUTHERN IDAHO BUREAU OF A&B Irrigation District in south- servation System, and for other pur- RECLAMATION REPAYMENT ACT eastern Idaho. poses. OF 2007 The A&B Irrigation District receives The Clerk read as follows: Mr. GRIJALVA. Mr. Speaker, I move part of its irrigation water supply from H.R. 276 to suspend the rules and pass the bill the Bureau of Reclamation’s Minidoka Be it enacted by the Senate and House of Rep- (H.R. 467) to authorize early repayment Project. H.R. 467, as amended, will pro- resentatives of the United States of America in of obligations to the Bureau of Rec- vide administrative consistency be- Congress assembled, lamation within the A&B Irrigation tween the landowners within the A&B SECTION 1. SHORT TITLE; DEFINITIONS. District in the State of Idaho, as Irrigation District and those within (a) SHORT TITLE.—This Act may be cited as amended. other districts served by the Minidoka the ‘‘Piedras Blancas Historic Light Station Outstanding Natural Area Act of 2007’’. The Clerk read as follows: Project. (b) DEFINITIONS.—For the purposes of this H.R. 467 Mr. Speaker, this legislation simply allows landowners to pay off their fi- Act, the following definitions apply: Be it enacted by the Senate and House of Rep- (1) SECRETARY.—The term ‘‘Secretary’’ resentatives of the United States of America in nancial obligations related to the Bu- means the Secretary of the Interior. Congress assembled, reau of Reclamation’s Minidoka (2) LIGHT STATION.—The term ‘‘Light Sta- SECTION 1. SHORT TITLE. project. We believe this legislation is tion’’ means Piedras Blancas Light Station. This Act may be cited as the ‘‘Southern appropriate and, in fact, may provide a (3) PUBLIC LANDS.—The term ‘‘public Idaho Bureau of Reclamation Repayment slight financial benefit to the United lands’’ has the meaning stated in section Act of 2007’’. States. 103(e) of the Federal Land Policy and Man- SEC. 2. EARLY REPAYMENT OF A&B IRRIGATION In the 109th Congress, the Sub- agement Act of 1976 (43 U.S.C. 1703(e)). DISTRICT CONSTRUCTION COSTS. committee on Water and Power held a (4) OUTSTANDING NATURAL AREA.—The term (a) IN GENERAL.—Notwithstanding section ‘‘Outstanding Natural Area’’ means the hearing on similar legislation. This Piedras Blancas Historic Light Station Out- 213 of the Reclamation Reform Act of 1982 (43 legislation was subsequently passed by U.S.C. 390mm), any landowner within the standing Natural Area established pursuant A&B Irrigation District in the State (re- the House. We have no objection to this to section 3. ferred to in this Act as the ‘‘District’’) may noncontroversial bill. SEC. 2. FINDINGS. repay, at any time, the construction costs of Mr. Speaker, I reserve the balance of Congress finds as follows: District project facilities that are allocated my time. (1) The publicly owned Piedras Blancas to land of the landowner within the District. Mr. BISHOP of Utah. Mr. Speaker, I Light Station has nationally recognized his- (b) APPLICABILITY OF FULL-COST PRICING yield myself such time as I may con- torical structures that should be preserved LIMITATIONS.—On discharge, in full, of the sume. for present and future generations. obligation for repayment of all construction I rise in support of H.R. 467. H.R. 467, (2) The coastline adjacent to the Light Sta- costs described in subsection (a) that are al- tion is internationally recognized as having located to all lands the landowner owns in sponsored by our colleague MIKE SIMP- significant wildlife and marine habitat that the District in question, the parcels of land SON, allows for the early repayment of provides critical information to research in- shall not be subject to the ownership and capital costs associated with a Federal stitutions throughout the world. full-cost pricing limitations under Federal water project in Idaho. (3) The Light Station tells an important reclamation law (the Act of June 17, 1902 (32 Under existing law, landowners who story about California’s coastal prehistory Stat. 388, chapter 1093), and Acts supple- benefit from this water project cannot and history in the context of the surrounding mental to and amendatory of that Act (43 prepay the capital costs they owe to region and communities. U.S.C. 371 et seq.), including the Reclama- the Federal Government. But this bill (4) The coastal area surrounding the Light tion Reform Act of 1982 (13 U.S.C. 390aa et Station was traditionally used by Indian seq.). gives the Bureau of Reclamation the people, including the Chumash and Salinan (c) CERTIFICATION.—On request of a land- ability to accept prepayment from Indian tribes. owner that has repaid, in full, the construc- these landowners. This legislation ben- (5) The Light Station is historically associ- tion costs described in subsection (a), the efits the American taxpayer because it ated with the nearby world-famous Hearst Secretary of the Interior shall provide to the allows early revenue to flow into the Castle (Hearst San Simeon State Historical landowner a certificate described in section U.S. Treasury and allows local land- Monument), now administered by the State 213(b)(1) of the Reclamation Reform Act of owners to reduce their debt. of California. 1982 (43 U.S.C. 390mm(b)(1)). I urge my colleagues to support this (6) The Light Station represents a model (d) EFFECT.—Nothing in this Act— very good, commonsense bill. partnership where future management can (1) modifies any contractual rights under, be successfully accomplished among the Fed- or amends or reopens, the reclamation con- Mr. Speaker, I have no further re- eral Government, the State of California, tract between the District and the United quests for time, and I yield back the San Luis Obispo County, local communities, States; or balance of my time. and private groups. (2) modifies any rights, obligations, or re- Mr. GRIJALVA. Mr. Speaker, I have (7) Piedras Blancas Historic Light Station lationships between the District and land- no further requests for time, and I Outstanding Natural Area would make a sig- owners in the District under Idaho State yield back the balance of my time. nificant addition to the National Landscape law. The SPEAKER pro tempore. The Conservation System administered by the The SPEAKER pro tempore. Pursu- question is on the motion offered by Department of the Interior’s Bureau of Land ant to the rule, the gentleman from Ar- Management. the gentleman from Arizona (Mr. (8) Statutory protection is needed for the izona (Mr. GRIJALVA) and the gen- GRIJALVA) that the House suspend the Light Station and its surrounding Federal tleman from Utah (Mr. BISHOP) each rules and pass the bill, H.R. 467, as lands to ensure that it remains a part of our will control 20 minutes. amended. historic, cultural, and natural heritage and The Chair recognizes the gentleman The question was taken; and (two- to be a source of inspiration for the people of from Arizona. thirds being in the affirmative) the the United States. GENERAL LEAVE rules were suspended and the bill, as SEC. 3. DESIGNATION OF THE PIEDRAS BLANCAS Mr. GRIJALVA. Mr. Speaker, I ask amended, was passed. HISTORIC LIGHT STATION OUT- STANDING NATURAL AREA. unanimous consent that all Members A motion to reconsider was laid on (a) IN GENERAL.—In order to protect, con- may have 5 days to revise and extend the table. serve, and enhance for the benefit and enjoy- their remarks. f ment of present and future generations the The SPEAKER pro tempore. Is there PIEDRAS BLANCAS HISTORIC unique and nationally important historical, objection to the request of the gen- natural, cultural, scientific, educational, tleman from Arizona? LIGHT STATION OUTSTANDING scenic, and recreational values of certain There was no objection. NATURAL AREA ACT OF 2007 lands in and around the Piedras Blancas Mr. GRIJALVA. Mr. Speaker, I yield Mr. GRIJALVA. Mr. Speaker, I move Light Station, in San Luis Obispo County, myself such time as I may consume. to suspend the rules and pass the bill California, while allowing certain rec- The purpose of H.R. 467, as amended, (H.R. 276) to designate the Piedras reational and research activities to continue, there is established, subject to valid existing introduced by our colleague Congress- Blancas Light Station and the sur- rights, the Piedras Blancas Historic Light man SIMPSON, is to authorize early re- rounding public land as an Outstanding Station Outstanding Natural Area. payment of landowner obligations to Natural Area to be administered as a (b) MAPS AND LEGAL DESCRIPTIONS.—The the Bureau of Reclamation within the part of the National Landscape Con- boundaries of the Outstanding Natural Area

VerDate Aug 31 2005 02:24 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.008 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE March 5, 2007 CONGRESSIONAL RECORD — HOUSE H2127 as those shown on the map entitled ‘‘Piedras pared in consultation with appropriate de- order to protect the privacy of traditional Blancas Historic Light Station: Outstanding partments of the State of California, with cultural and religious activities in such Natural Area’’, dated May 5, 2004, which shall emphasis on the preservation of the re- areas by the Indian tribe or Indian religious be on file and available for public inspection sources of the Outstanding Natural Area and community. Any such closure shall be made in the Office of the Director, Bureau of Land the interpretive, education, and long-term to affect the smallest practicable area for Management, United States Department of scientific uses of the resources, giving pri- the minimum period necessary for such pur- the Interior, and the State office of the Bu- ority to the enforcement of the Archae- poses. Such access shall be consistent with reau of Land Management in the State of ological Resources Protection Act of 1979 (16 the purpose and intent of Public Law 95–341 California. U.S.C. 470aa et seq.) and the National His- (42 U.S.C. 1996 et seq.; commonly referred to (c) BASIS OF MANAGEMENT.—The Secretary toric Preservation Act (16 U.S.C. 470 et seq.) as the ‘‘American Indian Religious Freedom shall manage the Outstanding Natural Area within the Outstanding Natural Area. Act’’). as part of the National Landscape Conserva- (d) COOPERATIVE AGREEMENTS.—In order to (k) NO BUFFER ZONES.—The designation of tion System to protect the resources of the better implement the management plan and the Outstanding Natural Area is not in- area, and shall allow only those uses that to continue the successful partnerships with tended to lead to the creation of protective further the purposes for the establishment of the local communities and the Hearst San perimeters or buffer zones around area. The the Outstanding Natural Area, the Federal Simeon State Historical Monument, admin- fact that activities outside the Outstanding Land Policy and Management Act of 1976 (43 istered by the California Department of Natural Area and not consistent with the U.S.C. 1701 et seq.), and other applicable Parks and Recreation, the Secretary may purposes of this Act can be seen or heard laws. enter into cooperative agreements with the within the Outstanding Natural Area shall (d) WITHDRAWAL.—Subject to valid existing appropriate Federal, State, and local agen- not, of itself, preclude such activities or uses rights, and in accordance with the existing cies pursuant to section 307(b) of the Federal withdrawal as set forth in Public Land Order up to the boundary of the Outstanding Nat- Land Management Policy and Management 7501 (Oct. 12, 2001, Vol. 66, No. 198, Federal ural Area. Register 52149), the Federal lands and inter- Act of 1976 (43 U.S.C. 1737(b)). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (e) RESEARCH ACTIVITIES.—In order to con- ests in lands included within the Out- There are authorized to be appropriated tinue the successful partnership with re- standing Natural Area are hereby withdrawn such sums as are necessary to carry out this search organizations and agencies and to as- from— Act. sist in the development and implementation (1) all forms of entry, appropriation, or dis- The SPEAKER pro tempore. Pursu- of the management plan, the Secretary may posal under the public land laws; authorize within the Outstanding Natural ant to the rule, the gentleman from Ar- (2) location, entry, and patent under the Area appropriate research activities for the izona (Mr. GRIJALVA) and the gen- public land mining laws; and purposes identified in section 3(a) and pursu- tleman from Utah (Mr. BISHOP) each (3) operation of the mineral leasing and ant to section 307(a) of the Federal Land Pol- will control 20 minutes. geothermal leasing laws and the mineral ma- icy and Management Act of 1976 (43 U.S.C. terials laws. The Chair recognizes the gentleman 1737(a)). SEC. 4. MANAGEMENT OF THE PIEDRAS BLANCAS from Arizona. (f) ACQUISITION.—State and privately held HISTORIC LIGHT STATION OUT- GENERAL LEAVE lands or interests in lands adjacent to the STANDING NATURAL AREA. Mr. GRIJALVA. Mr. Speaker, I ask (a) IN GENERAL.—The Secretary shall man- Outstanding Natural Area and identified as appropriate for acquisition in the manage- unanimous consent that all Members age the Outstanding Natural Area in a man- have 5 legislative days to revise and ex- ner that conserves, protects, and enhances ment plan may be acquired by the Secretary the unique and nationally important histor- as part of the Outstanding Natural Area only tend and include extraneous material ical, natural, cultural, scientific, edu- by— related to this bill under consideration. cational, scenic, and recreational values of (1) donation; The SPEAKER pro tempore. Is there that area, including an emphasis on pre- (2) exchange with a willing party; or objection to the request of the gen- serving and restoring the Light Station fa- (3) purchase from a willing seller. tleman from Arizona? cilities, consistent with the requirements (g) ADDITIONS TO THE OUTSTANDING NAT- There was no objection. section 3(c). URAL AREA.—Any lands or interest in lands Mr. GRIJALVA. Mr. Speaker, I yield adjacent to the Outstanding Natural Area (b) USES.—Subject to valid existing rights, myself such time as I may consume. the Secretary shall only allow such uses of acquired by the United States after the date the Outstanding Natural Area as the Sec- of the enactment of this Act shall be added The Piedras Blancas Light Station is retary finds are likely to further the pur- to and administered as part of the Out- one of only a handful of tall, seacoast poses for which the Outstanding Natural standing Natural Area. lighthouses built on the West Coast. It Area is established as set forth in section (h) OVERFLIGHTS.—Nothing in this Act or is located in San Luis Obispo County in 3(a). the management plan shall be construed to— Southern California. (c) MANAGEMENT PLAN.—Not later than 3 (1) restrict or preclude overflights, includ- Completed in 1875, the lighthouse was years after of the date of the enactment of ing low level overflights, military, commer- manned by the Coast Guard until 1975, this Act, the Secretary shall complete a cial, and general aviation overflights that comprehensive management plan consistent can be seen or heard within the Outstanding when it was automated. The Coast with the requirements of section 202 of the Natural Area; Guard transferred the lighthouse and Federal Land Policy and Management Act of (2) restrict or preclude the designation or the surrounding public land to the Bu- 1976 (43 U.S.C. 1712) to provide long-term creation of new units of special use airspace reau of Land Management in 2001. This management guidance for the public lands or the establishment of military flight train- area is not only historically signifi- within the Outstanding Natural Area and ing routes over the Outstanding Natural cant, but it is also home to a popu- fulfill the purposes for which it is estab- Area; or lation of gulls, cormorants and an ele- lished, as set forth in section 3(a). The man- (3) modify regulations governing low-level phant seal colony, numbering 10,000 agement plan shall be developed in consulta- overflights above the adjacent Monterey Bay tion with appropriate Federal, State, and National Marine Sanctuary. animals. local government agencies, with full public (i) LAW ENFORCEMENT ACTIVITIES.—Nothing H.R. 276, sponsored by my committee participation, and the contents shall in- in this Act shall be construed to preclude or colleague Representative LOIS CAPPS, clude— otherwise affect coastal border security op- would establish the Piedras Blancas (1) provisions designed to ensure the pro- erations or other law enforcement activities Historic Light Station Outstanding tection of the resources and values described by the Coast Guard or other agencies within Natural Area to be managed by the Bu- in section 3(a); the Department of Homeland Security, the reau of Land Management as part of (2) objectives to restore the historic Light Department of Justice, or any other Federal, the existing National Landscape Con- Station and ancillary buildings; State, and local law enforcement agencies (3) an implementation plan for a con- within the Outstanding Natural Area. servation System. This area would be tinuing program of interpretation and public (j) NATIVE AMERICAN USES AND INTER- managed by the BLM to conserve the education about the Light Station and its ESTS.—In recognition of the past use of the significant historical and natural re- importance to the surrounding community; Outstanding Natural Area by Indians and In- sources found there. (4) a proposal for minimal administrative dian tribes for traditional cultural and reli- Mr. Speaker, Representative CAPPS and public facilities to be developed or im- gious purposes, the Secretary shall ensure has worked tirelessly on behalf of this proved at a level compatible with achieving access to the Outstanding Natural Area by legislation, and we commend her for the resources objectives for the Outstanding Indians and Indian tribes for such traditional her efforts. Identical legislation was Natural Area as described in subsection (a) cultural and religious purposes. In imple- and with other proposed management activi- menting this section, the Secretary, upon approved by the House in the last Con- ties to accommodate visitors and researchers the request of an Indian tribe or Indian reli- gress, and we urge our colleagues to to the Outstanding Natural Area; and gious community, shall temporarily close to support this measure once again. (5) cultural resources management strate- the general public use of one or more specific Mr. Speaker, I reserve the balance of gies for the Outstanding Natural Area, pre- portions of the Outstanding Natural Area in my time.

VerDate Aug 31 2005 02:24 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MR7.004 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE H2128 CONGRESSIONAL RECORD — HOUSE March 5, 2007 Mr. BISHOP of Utah. Mr. Speaker, I As a result of their hard work, the site was SECTION 1. SHORT TITLE; FINDINGS; PURPOSE. yield myself such time as I may con- re-opened to public tours in 2003—for the first (a) SHORT TITLE.—This Act may be cited as sume. time in 128 years. These partners continue to the ‘‘Colorado Northern Front Range Moun- I rise in support of H.R. 276. work together on a series of environmental tain Backdrop Protection Study Act’’. Last year the Republican majority education, historical restoration and resource (b) FINDINGS.—Congress finds the fol- was supportive of this measure, and protection programs; and, I’m confidant they lowing: (1) Rising dramatically from the Great this bill was passed in the House of will each support and showcase this national Representatives. This year, we once Plains, the Front Range of the Rocky Moun- designation if enacted. tains provides a scenic mountain backdrop again support this bill and commend My legislation tracks the successful model to many communities in the Denver metro- Representative CAPPS for her work to of designating the Oregon Coast’s Yaquina politan area and elsewhere in Colorado. The recognize this historic site in her dis- Head as an Outstanding Natural Area, which portion of the range within and adjacent to trict. was signed into law in 1980. Yaquina Head the Arapaho and Roosevelt National Forests Mr. Speaker, I have no further re- was later included in the National Landscape also includes a diverse array of wildlife habi- quests for time, and I yield back the Conservation System. tats and provides many opportunities for balance of my time. Like Yaquina Head, the addition of the outdoor recreation. Mr. GRIJALVA. Mr. Speaker, Rep- (2) The open space character of this moun- Piedras Blancas Light Station to the NLCS tain backdrop is an important esthetic and resentative CAPPS is traveling back would be an important step in protecting and economic asset for adjoining communities, from her district in California and preserving this valuable natural and historic making them attractive locations for homes could not be here on the floor. She has resource. It will also focus attention on the and businesses. submitted a statement which we will restoration of the Light Station and sur- (3) Rapid population growth in the north- be submitting for the RECORD today. rounding area, specifically the three on-site ern Front Range area of Colorado is increas- Mrs. CAPPS. Mr. Speaker, I rise in strong National Register properties; and, it will serve ing recreational use of the Arapaho and Roo- support of H.R. 276, the Piedras Blancas His- as a means to increase public awareness of sevelt National Forests and is also placing toric Light Station Outstanding Natural Area increased pressure for development of other the Light Station’s scientific, cultural and edu- lands within and adjacent to that national Act. cational values. forest. First, I want to thank the chairman of the Specifically, H.R. 276 stresses long-term (4) Efforts by local governments and other Natural Resources Committee, Mr. RAHALL, conservation of the Light Station by requiring entities have provided important protection and chairman of the Subcommittee on Na- timely completion of a management plan. The for portions of this mountain backdrop, espe- tional Parks, Forests and Public Lands, Mr. management plan would be developed cially in the northern Denver metropolitan GRIJALVA, as well as the ranking members of through a public process and include guide- area. However, some portions of the moun- the full Committee and Subcommittee for ex- lines for restoration of the National Register of tain backdrop in this part of Colorado remain unprotected and are at risk of losing pediting the consideration of this legislation Historic Places buildings, including the Light and for bringing H.R. 276 before us today. their open space qualities. House; public access; ecological and cultural (5) It is in the national interest for the This bill was passed by the House of Rep- resource management; and, fostering scientific Federal Government, in collaboration with resentatives last year but was never acted on study and research opportunities. local communities, to assist in identifying by the Senate. Mr. Speaker, the Piedras Blancas Light Sta- options for increasing the protection of the H.R. 276 would designate the Piedras Blan- tion is a wonderful resource. It has the poten- mountain backdrop in the northern Front cas Historic Light Station—located in my con- tial to serve as a model for future resource Range area of Colorado. gressional district—as an Outstanding Natural management, and therefore would be an ap- (c) PURPOSE.—The purpose of this Act is to Area within the BLM’s National Landscape propriate addition to the BLM’s National Land- identify options that may be available to as- Conservation System. scape Conservation System. sist in maintaining the open space characteristics of lands that are part of the mountain The Piedras Blancas Light Station is located Again, I would like to thank the Committee on an 18-acre parcel of BLM administered backdrop of communities in the northern on Natural Resources for supporting this bill to section of the Front Range area of Colorado. land along the Pacific Coast in San Luis designate Piedras Blancas Historic Light Sta- Obispo County. The property is adjacent to SEC. 2. COLORADO NORTHERN FRONT RANGE tion as an Outstanding Natural Area, and urge MOUNTAIN BACKDROP STUDY. Pacific Coast Highway and the Hearst Castle its immediate passage. State Historic Monument, and it looks over a (a) STUDY AND REPORT.—The Secretary of Mr. GRIJALVA. Mr. Speaker, I have Agriculture, acting through the Chief of the pristine coastal area that includes the southern no further requests for time, and I Forest Service and in consultation with the portion of the Monterey Bay National Marine yield back the balance of my time. State and local officials and agencies speci- Sanctuary and California Coastal National The SPEAKER pro tempore. The fied in subsection (c), shall review the lands Monument. It is also nationally recognized as question is on the motion offered by within the study area and, not later than one an important monitoring point for migrating the gentleman from Arizona (Mr. year after the date of the enactment of this whales, and is used by the U.S. Geological GRIJALVA) that the House suspend the Act, shall report to such officials and to Con- Survey, the National Marine Fisheries Service rules and pass the bill, H.R. 276. gress regarding the following: and a number of universities and colleges for (1) The present ownership of such lands. The question was taken; and (two- (2) Which undeveloped land may be at risk marine wildlife and plant research. thirds being in the affirmative) the of development. The Light Station and the surrounding area rules were suspended and the bill was (3) Actions that could be taken by the are also important for tourism. For example, passed. United States, the State of Colorado or a po- the national historic Light House—built in A motion to reconsider was laid on litical subdivision of such State, or any 1879—is a main destination focal point on the the table. other parties to preserve the open and undeveloped character of such lands. central coast, and the peninsula is very pop- f ular for viewing sea otters, elephant seals, and (b) DEFINITIONS.—For the purposes of this sea lions from shore. The elephant seal col- COLORADO NORTHERN FRONT section, the following definitions apply: ony at Piedras Blancas attracts an estimated RANGE MOUNTAIN BACKDROP (1) STUDY AREA.—The term ‘‘study area’’ 400,000 visitors annually. PROTECTION STUDY ACT means those lands in southern Boulder, northern Jefferson, and northern Gilpin In 2001, BLM assumed ownership and man- Mr. GRIJALVA. Mr. Speaker, I move Counties, Colorado, that are situated west of agement of the Light Station from the U.S. to suspend the rules and pass the bill Colorado State Highway 93, south and east of Coast Guard. Since then, BLM, State and (H.R. 903) to provide for a study of op- Colorado State Highway 119, and north of local agencies, community stakeholders and tions for protecting the open space Colorado State Highway 46, excluding lands conservation groups have developed a very characteristics of certain lands in and within the city limits of the cities of Boulder successful partnership to preserve the Light adjacent to the Arapaho and Roosevelt or Golden, Colorado, as generally depicted on Station. National Forests in Colorado, and for the map entitled ‘‘Northern Front Range Some of these partners include: the Piedras other purposes. Mountain Backdrop Study Area’’ dated April, 2006. Blancas Light Station Association; California The Clerk read as follows: (2) UNDEVELOPED LAND.—The term ‘‘unde- State Parks; San Luis Obispo County; the cit- H.R. 903 veloped land’’ means land that— ies of Cambria and San Simeon; the California Be it enacted by the Senate and House of Rep- (A) is located within the study area; Coastal Conservancy and Coastal Commis- resentatives of the United States of America in (B) is free or primarily free of structures; sion; NOAA; and the Hearst Corporation. Congress assembled, and

VerDate Aug 31 2005 02:24 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.011 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE March 5, 2007 CONGRESSIONAL RECORD — HOUSE H2129 (C) the development of which is likely to and the bill was approved by the Nat- But rapid population growth in the northern adversely affect the scenic, wildlife, or rec- ural Resources Committee and passed Front Range area of Colorado is increasing reational value of the study area. the House by voice vote last Sep- recreational use of the Arapaho-Roosevelt Na- (c) CONSULTATIONS.—In implementing this tember. Act, the Secretary shall consult with the fol- tional Forest and is also placing increased lowing: Mr. Speaker, we strongly support pressure for development of other lands. (1) The Colorado Department of Natural H.R. 903 and urge its adoption by the We can see this throughout Colorado and Resources. House today. especially along the Front Range. (2) Colorado State Forest Service. Mr. Speaker, I reserve the balance of Homes and shopping centers are spreading (3) Colorado State Conservation Board. my time. up the valleys and along the highways. This (4) Great Outdoors Colorado. Mr. BISHOP of Utah. Mr. Speaker, I development then spreads out along the (5) The Boards of County Commissioners of yield myself such time as I may con- ridges and mountain tops that make up the Boulder, Jefferson, and Gilpin Counties, Col- sume. backdrop. orado. I rise in support of H.R. 903. The result is potential loss of many of the (d) RULE OF CONSTRUCTION.—Nothing in Mr. Speaker, H.R. 903 would require this Act shall be construed as authorizing very qualities that attract new residents. the Forest Service to review non-Fed- This bill is designed to help provide a better the Secretary of Agriculture to take any ac- eral lands in or adjacent to the Arap- tion that would affect the use of any lands understanding of what steps might be done to not owned by the United States. aho-Roosevelt National Forest and rec- lessen that risk. ommend strategies to maintain open The SPEAKER pro tempore. Pursu- Already, local governments and other enti- space. Republicans do not object to ant to the rule, the gentleman from Ar- ties have provided important protection for this legislation, but considering the portions of this mountain backdrop. izona (Mr. GRIJALVA) and the gen- current budget constraints on the For- tleman from Utah (Mr. BISHOP) each The bill acknowledges their good work and est Service, we believe funds would be aims to assist further efforts along the same will control 20 minutes. better used to tackle the enormous The Chair recognizes the gentleman lines. risk of catastrophic wildfire in Colo- from Arizona. The bill does not interfere with the authority rado. Currently, 42 percent of Colo- of local authorities regarding land use plan- GENERAL LEAVE rado’s forests are suffering from bark Mr. GRIJALVA. Mr. Speaker, I ask ning. beetle infestation, which continues to And it does not infringe on private property unanimous consent that all Members spread and will likely kill thousands of rights. have 5 legislative days to revise and ex- acres of trees. These dead and dying Instead, it will bring the land protection extend their remarks and include extra- trees pose extremely high wildfire perience of the Forest Service to the table to neous material on the bill under con- risks to Colorado’s forests. Surely assist local efforts to protect areas that com- sideration. funds would be better spent on remov- prise the backdrop. The SPEAKER pro tempore. Is there ing dead and dying trees that pose a Under the bill, the Forest Service will work objection to the request of the gen- tremendous threat to homes and com- in collaboration with local communities, the tleman from Arizona? munities, watersheds and wildlife habi- state, nonprofit groups, and other parties. There was no objection. tat. I think this is in the national interest. Mr. GRIJALVA. Mr. Speaker, I yield Moreover, we believe that local and The backdrop both beckoned settlers west- myself such time as I may consume. State governments should address open ward and was a daunting challenge to their Today I rise, Mr. Speaker, in strong space and smart growth options rather progress. Their first exposure to the harshness support of H.R. 903, introduced by my than Federal Government agencies and humbling majesty of the Rocky Mountain colleague on the Natural Resources based here in Washington, D.C. While West helped define a region, and the pio- Committee, the gentleman from Colo- we commend Mr. UDALL’s good inten- neers’ independent spirit and respect for na- rado, Representative MARK UDALL. tions, we believe recommendations and ture still lives with us to this day. This legislation would require the solutions to these problems should We need to work to maintain the mountain Forest Service to review lands in or ad- come from the counties and the States, backdrop as a cultural and natural heritage for jacent to the Arapaho and Roosevelt not from the Federal Government. ourselves and generations to come. National Forests and report to Con- Mr. UDALL of Colorado. Madam Speaker, I This bill is intended to assist in that effort, gress on the present ownership of the rise in strong support of H.R. 903, the Colo- and I urge its approval. lands, and which undeveloped lands rado Northern Front Range Mountain Back- Mr. BISHOP of Utah. Mr. Speaker, I may be at risk of development, as well drop Protection Study bill. have no further requests for time, and as apprising Congress of appropriate It is identical to a measure that passed the I yield back the balance of my time. actions that could be taken to preserve House last year but on which the Senate did Mr. GRIJALVA. Mr. Speaker, I have the open and undeveloped character of not complete action. I appreciate the actions no further requests for time, and I these lands. of Chairman RAHALL, Ranking Member DON yield back the balance of my time. Rapid population growth in the YOUNG, and the staff of the Natural Resources The SPEAKER pro tempore. The northern Front Range area of Colorado Committee for making it possible for the question is on the motion offered by is spreading west from Denver, pushing House to consider it today. the gentleman from Arizona (Mr. homes and shopping centers up the val- The bill is intended to help local commu- GRIJALVA) that the House suspend the leys and along the highways. This de- nities identify ways to protect the Front Range rules and pass the bill, H.R. 903. velopment then spreads out along the Mountain Backdrop in the northern sections of The question was taken; and (two- ridges and mountaintops that make up the Denver-metro area, especially the region thirds being in the affirmative) the this backdrop. New homes and busi- just west of what will soon be the Rocky Flats rules were suspended and the bill was nesses in the wildland urban interface National Wildlife Refuge. passed. also create new liabilities for first re- The Arapaho-Roosevelt National Forest in- A motion to reconsider was laid on sponders and a more complicated man- cludes much of the land in this backdrop area, the table. agement framework for forest man- but there are other lands as well. f agers. Rising dramatically from the Great Plains, EXTENDING AUTHORIZATION FOR The result of these changes is the po- the Front Range of the Rocky Mountains pro- THE AMERICAN VETERANS DIS- tential loss of many of the very quali- vides a scenic mountain backdrop to many ABLED FOR LIFE MEMORIAL ties that attract new residents and communities in the Denver metropolitan area contribute to the quality of life of the and elsewhere in Colorado. Mr. GRIJALVA. Mr. Speaker, I move region. H.R. 903 is designed to help pro- The portion of the range addressed in this to suspend the rules and pass the bill vide a better understanding of what bill also includes a diverse array of wildlife (H.R. 995) to amend Public Law 106–348 steps might be done to lessen the risk. habitats and provides many opportunities for to extend the authorization for estab- Mr. Speaker, I want to commend and outdoor recreation. lishing a memorial in the District of congratulate my colleague, Mr. UDALL, Its open-space character is an important es- Columbia or its environs to honor vet- for his commitment and leadership on thetic and economic asset for adjoining com- erans who became disabled while serv- this matter. A hearing was held on a munities, making them attractive locations for ing in the Armed Forces of the United nearly identical measure last Congress, homes and businesses. States.

VerDate Aug 31 2005 02:24 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MR7.001 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE H2130 CONGRESSIONAL RECORD — HOUSE March 5, 2007 The Clerk read as follows: b 1430 dation, who has worked tirelessly to H.R. 995 This extension will allow additional establish this memorial since 1996. I Be it enacted by the Senate and House of Rep- time to ensure an appropriate com- also appreciate the efforts of Congress- resentatives of the United States of America in memoration to our Nation’s disabled man KIRK and Congressman DENNIS Congress assembled, veterans to whom we owe a tremendous MOORE to ensure the memorial is fund- SECTION 1. EXTENSION OF AUTHORITY FOR ES- obligation. ed and dedicated by 2010, and all the TABLISHING DISABLED VETERANS While Representative HARE is a new other Members who have made this leg- MEMORIAL. Member of this House, he is well ac- islation a priority in the 110th Con- Public Law 106–348 is amended— quainted with the sacrifices made by gress. (1) in subsection (b)— There are more than 3 million dis- (A) by striking ‘‘The establishment’’ and our Nation’s veterans, both from his service in the Army Reserves and his abled veterans living today and mil- inserting ‘‘Except as provided in subsection lions of veterans from past and future (e), the establishment’’; and more than 20 years as district director (B) by striking ‘‘the Commemorative for our former colleague and advocate conflicts who will be honored by this Works Act (40 U.S.C. 1001 et seq.)’’ and infor veterans, Mr. Lane Evans. We con- long overdue memorial. It is my hope as a member of the serting ‘‘chapter 89 of title 40, United States gratulate Representative HARE for his Committee on Veterans’ Affairs that Code’’; work on behalf of this important legis- (2) in subsection (d)— this memorial will only be the begin- lation. (A) by striking ‘‘section 8(b) of the Com- ning of our recognition of the incred- Mr. Speaker, I might add that, given memorative Works Act (40 U.S.C. 1008(b))’’ ible sacrifices of our veterans. This me- the ongoing and recent scandal regard- and inserting ‘‘section 8906 of title 40, United morial cannot repay the sacrifice of ing the care and support of our current States Code’’; our disabled veterans, but it will serve (B) by striking ‘‘or upon expiration of the disabled veterans, this legislation, H.R. as a reminder of the debt that we owe authority for the memorial under section 995, is timely and appropriate to honor to each and every one of them. 10(b) of such Act (40 U.S.C. 1010(b)),’’; and and remind us of the sacrifice of all (C) by striking ‘‘section 8(b)(1) of such Act Transcending conflicts, service veterans and those that are disabled as branches and generations, the Amer- (40 U.S.C. 1008(b)(1)’’ and inserting ‘‘8906(b)(2) a consequence of their service to this or (3) of such title’’; and ican Veterans Disabled for Life Memo- (3) by adding at the end the following new country. This is an obligation that is rial will express America’s lasting subsection: owed to them. This memorial would be gratitude to the men and women whose ‘‘(e) TERMINATION OF AUTHORITY.—Notwith- a fitting reminder that we have an on- lives were forever changed in service to standing section 8903(e) of title 40, United going obligation and responsibility to our country. States Code, the authority to establish a me- their care and comfort. Due to its proximity to the Capitol, morial under this section shall expire on Oc- Mr. Speaker, we strongly support the memorial will remain in the sight tober 24, 2015.’’. H.R. 995 and urge its adoption by the of America’s lawmakers, serving as a The SPEAKER pro tempore. Pursu- House today. constant reminder of the human cost of ant to the rule, the gentleman from Ar- Mr. Speaker, I reserve the balance of conflict and the sacrifices of our dis- izona (Mr. GRIJALVA) and the gen- my time. abled veterans. The memorial will be a tleman from Utah (Mr. BISHOP) each Mr. BISHOP of Utah. Mr. Speaker, I setting for school groups to learn about will control 20 minutes. rise in support of H.R. 995 and yield disabled veterans, the cost of freedom The Chair recognizes the gentleman myself such time as I may consume. and the challenges faced by those with from Arizona. Mr. Speaker, H.R. 995 has been ade- disabilities. Most importantly, it will quately explained by the majority and GENERAL LEAVE be a place for disabled veterans to we support the extension to establish a Mr. GRIJALVA. Mr. Speaker, I ask come and know they are recognized by memorial honoring our disabled vet- unanimous consent that all Members a grateful Nation. erans. have 5 legislative days to revise and ex- I am proud to be a freshman legis- I note that the original law author- lator in the 110th Congress because we tend their remarks and include extra- izing this memorial was authorized by neous material on the bill under con- are changing this country’s priorities. our own war hero, Congressman SAM sideration. In our recently passed continuing reso- JOHNSON of Texas. Last year, Congress- The SPEAKER pro tempore. Is there lution, we increased veterans health man Sue Kelly of New York introduced care by over $3.6 billion, and we are objection to the request of the gen- this extension bill, and I am happy to tleman from Arizona? taking swift action to hold those who see that Congressman HARE is carrying There was no objection. are responsible for the inexcusable con- on her legacy. I urge the adoption of ditions at Walter Reed accountable. Mr. GRIJALVA. Mr. Speaker, I yield the bill. Congress has a responsibility to plan myself such time as I may consume. Mr. Speaker, I reserve the balance of for the long-term well-being and health The 106th Congress authorized the my time. of our troops, and I am committed to Disabled Veterans Life Memorial Foun- Mr. GRIJALVA. Mr. Speaker, I yield taking care of our veterans when they dation to establish a memorial in such time as he may consume to the are in conflict and when they return Washington, D.C., to honor disabled gentleman from Illinois (Mr. HARE), home. This bill is a critical first step in veterans. The law specified that the the sponsor of this legislation. honoring the sacrifices our military memorial is to be established pursuant Mr. HARE. Mr. Speaker, I would like men and women have made and con- to the Commemorative Works Act. A to thank my colleague for the very tinue to make for our country. memorial site located near the Ray- kind words. Mr. Speaker, I urge my colleagues to burn House Office Building was identi- Mr. Speaker, today I rise in support pass H.R. 995 and join me and the other fied, but the project is yet to advance of H.R. 995, a bill to extend the author- 28 cosponsors to ensure this memorial due to security and traffic concerns ization for the American Veterans Dis- is built and dedicated as soon as pos- raised by the Architect of the Capitol abled for Life Memorial. I introduced sible. and the U.S. Capitol Police. H.R. 995 along with my colleague Con- Mr. KIRK. Madame Speaker, on February The foundation is in the process of gressman MARK KIRK to provide the 12, I joined my colleague from Illinois, Mr. negotiating a solution to that problem. time necessary to raise the private HARE, in introducing H.R. 995 to extend the However, the Commemorative Works funds and navigate the approval proc- authorization of the American Veterans Dis- Act specifies that the legislative au- ess in order to bring this memorial to abled for Life Memorial through 2015. This thority for any memorial expires 7 life in Washington, D.C. Without this legislation will give the American Veterans years after the date of enactment, Oc- bill, the charter for the memorial will Disabled for Life Foundation more time to tober of this year for this proposal. expire in October of this year. raise the money needed to build this memorial H.R. 995, sponsored by our colleague I would like to thank Chairman RA- just south of the Rayburn Building. I believe from Illinois, Representative PHIL HALL for quickly moving this legisla- the time has come to recognize the sacrifices HARE, amends the original authorization through the Resources Committee; made by America’s more than three million tion to extend authority to establish and Lois Pope, the Chair of the Dis- disabled veterans by building a memorial for the memorial to October 24, 2015. abled Veterans LIFE Memorial Foun- them in here in Washington, D.C.

VerDate Aug 31 2005 03:38 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 7634 Sfmt 9920 E:\CR\FM\K05MR7.014 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE March 5, 2007 CONGRESSIONAL RECORD — HOUSE H2131 Last December President Bush signed into on the map entitled ‘Boundary Adjustment, Mr. Speaker, the majority has ade- law a bill to transferring control of the land for Lowell National Historical Park,’ numbered quately explained this bill, which the memorial from the District of Columbia to 475/81,424B and dated September 2004, and as passed the House in the 109th Congress delineated in section 202(a)(2)(G).’’. and is supported by the administration. the National Park Service. Now the American (2) In section 202(a)(2), by adding at the end Veterans Disabled for Life Memorial Founda- the following new subparagraph: I urge adoption of this bill. tion needs to raise approximately $65 million ‘‘(G) The properties shown on the map Mr. MEEHAN. Mr. Speaker, I want to thank to cover the cost of construction. By passing identified in subsection (101)(a)(3) as follows: the Gentleman from West Virginia (Mr. RA- H.R. 995 today, we will give the foundation ‘‘(i) 91 Pevey Street. HALL) and the Gentleman from Arizona (Mr. time to raise this money. ‘‘(ii) The portion of 607 Middlesex Place. GRIJALVA) for bringing this important bill to the Earlier this year I joined my colleague from ‘‘(iii) Eagle Court. floor. ‘‘(iv) The portion of 50 Payne Street. Kansas, Mr. MOORE, in introducing legislation This bill passed the House unanimously last ‘‘(v) 726 Broadway.’’. to authorize the minting of commemorative December, and the other body was unable to coins to help raise money for this cause. As The SPEAKER pro tempore. Pursu- take it up before the 109th Congress ended. we extend the authorization for the memorial ant to the rule, the gentleman from Ar- I am hopeful that, given more time, this bill will today, I want to encourage my colleagues to izona (Mr. GRIJALVA) and the gen- work its way through the Senate and be join us in cosponsoring H.R. 634 to issue tleman from Utah (Mr. BISHOP) each signed into law by the President. these coins. No federal funds will be used to will control 20 minutes. Mister speaker, my bill is simple but its im- build the disabled veterans memorial, but it is The Chair recognizes the gentleman pact cannot be overstated. This bill will author- appropriate for Congress to do all it can to from Arizona. ize the Secretary of the Interior to acquire five support and encourage its construction. GENERAL LEAVE small tracts of land totaling less than an acre With more than three million disabled vet- Mr. GRIJALVA. Mr. Speaker, I ask and add them to the boundaries of the Lowell erans in the United States today, it is fitting unanimous consent that all Members National Historical Park. that a memorial to their sacrifice be erected in have 5 legislative days to revise and ex- Adding these small tracts of land will allow Washington, D.C. It is my hope that passing tend their remarks and include extra- the park to add more and safer access points, Mr. HARE’s legislation will bring us closer to neous material on the bill under con- and allow the visiting public full access to the making the American Veterans Disabled for sideration. entire canal system. Life Memorial a reality. The SPEAKER pro tempore. Is there The park was created in 1978, a product of Mr. BISHOP of Utah. Mr. Speaker, I objection to the request of the gen- the late Paul Tsongas and his vision for Low- yield back the balance of my time. tleman from Arizona? ell, Massachusetts. Paul knew that Lowell, as Mr. GRIJALVA. Mr. Speaker, I yield There was no objection. the cradle of America’s Industrial Revolution, back the balance of my time. Mr. GRIJALVA. Mr. Speaker, I yield was worthy of preservation. The SPEAKER pro tempore. The myself such time as I may consume. The park attracts three-quarters of a million question is on the motion offered by Mr. Speaker, H.R. 299, introduced by visitors each year, and the ripple effect is sig- the gentleman from Arizona (Mr. my colleague from Massachusetts (Mr. nificant. GRIJALVA) that the House suspend the MEEHAN), provides for a minor bound- Since the park has come into existence, rules and pass the bill, H.R. 995. ary adjustment to the Lowell National Lowell has been named a Distinctive Destina- The question was taken. Historic Park. Lowell National His- tion City by the National Trust for Historic The SPEAKER pro tempore. In the toric Park was established in 1978 to Preservation and an All American City by the opinion of the Chair, two-thirds being commemorate the City of Lowell’s National Civic League. in the affirmative, the ayes have it. prominent role in the American Indus- This bill will keep the progress at the Park Mr. GRIJALVA. Mr. Speaker, on that trial Revolution. rolling, by allowing the last two miles of I demand the yeas and nays. H.R. 299 would authorize the Sec- Lowell’s historic canal way to be accessed by The yeas and nays were ordered. retary of the Interior to acquire five the public. The SPEAKER pro tempore. Pursu- small tracts of land totaling less than I would like to thank Park Superintendent ant to clause 8 of rule XX and the 1 acre. These tracts are necessary to Michael Creasey, Assistant Superintendent Chair’s prior announcement, further complete development of the canalway, Peter Aucella, and all the others that have proceedings on this question will be a linear park and walkway along worked on this project. postponed. Lowell’s 5.6-mile historic power canal Their tireless efforts, and the effort of their system. f staff, keep Lowell National Historical Park as These parcels provide the access one of the crown jewels of the national park LOWELL NATIONAL HISTORICAL points needed for the development, system, and make the Mill City proud. PARK BOUNDARY ADJUSTMENT maintenance, and surveillance nec- Mr. BISHOP of Utah. Mr. Speaker, I ACT essary to complete the historic have no additional speakers, and I Mr. GRIJALVA. Mr. Speaker, I move canalway. While the total boundary ad- yield back the balance of my time. to suspend the rules and pass the bill justment is less than 1 acre, it would Mr. GRIJALVA. Mr. Speaker, I yield (H.R. 299) to adjust the boundary of allow public access to at least 2 miles back the balance of my time. Lowell National Historical Park, and of this historic canalway. The SPEAKER pro tempore. The for other purposes. I want to commend my colleague question is on the motion offered by The Clerk read as follows: from Massachusetts (Mr. MEEHAN) for the gentleman from Arizona (Mr. H.R. 299 his efforts on behalf of Lowell National GRIJALVA) that the House suspend the Historic Park. He has worked dili- Be it enacted by the Senate and House of Rep- rules and pass the bill, H.R. 299. resentatives of the United States of America in gently to advance many partnership ef- The question was taken; and (two- Congress assembled, forts such as this one, which would thirds being in the affirmative) the SECTION 1. SHORT TITLE. bring together Federal, State, and rules were suspended and the bill was This Act may be cited as the ‘‘Lowell Na- local resources to preserve and inter- passed. tional Historical Park Boundary Adjustment pret the park. A motion to reconsider was laid on Act’’. Mr. Speaker, H.R. 299 is supported by the table. SEC. 2. AMENDMENTS. the administration, the City of Lowell, f The Act entitled ‘‘An Act to provide for and the Commonwealth of Massachu- the establishment of the Lowell National setts. Identical legislation was ap- DESIGNATING THE JIM WEAVER Historical Park in the Commonwealth of proved by the House last Congress, and LOOP TRAIL AT WALDO LAKE IN Massachusetts, and for other purposes’’ ap- we urge our colleagues to support this WILLAMETTE NATIONAL FOREST proved June 5, 1978 (Public Law 95–290; 92 measure today. Mr. GRIJALVA. Mr. Speaker, I move Stat. 290; 16 U.S.C. 410cc et seq.) is amended Mr. Speaker, I reserve the balance of to suspend the rules and pass the bill as follows: (1) In section 101(a), by adding a new para- my time. (H.R. 247) to designate a Forest Service graph after paragraph (2) as follows: Mr. BISHOP of Utah. Mr. Speaker, I trail at Waldo Lake in the Willamette ‘‘(3) The boundaries of the park are modi- rise in support of H.R. 299, and I yield National Forest in the State of Oregon fied to include five parcels of land identified myself such time as I may consume. as a national recreation trail in honor

VerDate Aug 31 2005 03:38 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MR7.014 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE H2132 CONGRESSIONAL RECORD — HOUSE March 5, 2007 of Jim Weaver, a former Member of the ably by the Natural Resources Com- tion. I look forward to the Senate taking up the House of Representatives. mittee last year. bill expeditiously, and I urge its adoption. The Clerk read as follows: Mr. Speaker, we strongly support Mr. GRIJALVA. Mr. Speaker, I yield H.R. 247 H.R. 247 and urge its adoption by the back the balance of my time. Be it enacted by the Senate and House of Rep- House today. The SPEAKER pro tempore. The resentatives of the United States of America in Mr. Speaker, I reserve the balance of question is on the motion offered by Congress assembled, my time. the gentleman from Arizona (Mr. SECTION 1. DESIGNATION OF NATIONAL REC- Mr. BISHOP of Utah. Mr. Speaker, I GRIJALVA) that the House suspend the REATIONAL TRAIL, WILLAMETTE NA- TIONAL FOREST, OREGON, IN rise in support of H.R. 247 and yield rules and pass the bill, H.R. 247. HONOR OF JIM WEAVER, A FORMER myself 45 seconds. The question was taken; and (two- MEMBER OF THE HOUSE OF REP- Mr. Speaker, the majority has ade- thirds being in the affirmative) the RESENTATIVES. quately explained this bill. We have no rules were suspended and the bill was (a) DESIGNATION.—Forest Service trail objections. It is a good bill. passed. number 3590 in the Willamette National For- est in Lane County, Oregon, which is a 19.6 Mr. Speaker, I have no additional A motion to reconsider was laid on mile trail that begins and ends at North speakers, and I yield back the balance the table. Waldo Campground and circumnavigates of my time. f Waldo Lake, is hereby designated as a na- Mr. GRIJALVA. Mr. Speaker, the AUTHORIZING NATIONAL PARK tional recreation trail under section 4 of the gentleman from Oregon (Mr. DEFAZIO), National Trails System Act (16 U.S.C. 1243) the sponsor of H.R. 247, is at the mo- SERVICE STUDY REGARDING and shall be known as the ‘‘Jim Weaver Loop ment traveling back to Washington, THE SOLDIERS’ MEMORIAL MILI- Trail’’. but he has a statement that will be TARY MUSEUM (b) INTERPRETIVE SIGN.—Using funds available for the Forest Service, the Secretary of submitted into the RECORD. Mr. GRIJALVA. Mr. Speaker, I move Agriculture shall prepare, install, and main- Mr. DEFAZIO. Mr. Speaker, I rise today in to suspend the rules and pass the bill tain an appropriate sign at the trailhead of support of H.R. 247, a bill to rename Forest (H.R. 1047) to authorize the Secretary the Jim Weaver Loop Trail to indicate the Service trail number 3590, which of the Interior to conduct a study to name of the trail and to provide information circumnavigates the world-renowned Waldo determine the suitability and feasi- regarding the life and career of Congressman Lake, as the ‘‘Jim Weaver Loop Trail’’ in honor bility of designating the Soldiers’ Me- Jim Weaver. of former Congressman Jim Weaver. The leg- morial Military Museum located in St. The SPEAKER pro tempore. Pursu- islation would also designate this 22 mile trail Louis, Missouri, as a unit of the Na- ant to the rule, the gentleman from Ar- as a national recreational trail under the Na- tional Park System. izona (Mr. GRIJALVA) and the gen- tional Trails System Act. This legislation has The Clerk read as follows: tleman from Utah (Mr. BISHOP) each special significance to me because Mr. Wea- H.R. 1047 will control 20 minutes. ver was not only my predecessor as the rep- Be it enacted by the Senate and House of Rep- The Chair recognizes the gentleman resentative of Oregon’s Fourth Congressional resentatives of the United States of America in from Arizona. District, but he was also my boss—both here Congress assembled, GENERAL LEAVE in Washington, D.C. and back home in the SECTION 1. NATIONAL PARK SERVICE STUDY RE- Mr. GRIJALVA. Mr. Speaker, I ask GARDING THE SOLDIERS’ MEMORIAL district—and is a friend. I am pleased that the unanimous consent that all Members MILITARY MUSEUM. legislation is cosponsored and supported by have 5 legislative days within which to (a) FINDINGS.—Congress finds as follows: all of Oregon’s five House members. In addi- (1) The Soldiers’ Memorial is a tribute to revise and extend their remarks and in- tion, it is supported by the Forest Service and all veterans located in the greater St. Louis clude extraneous material on the bill a number of local interest groups. area, including Southern Illinois. under consideration. (2) The current annual budget for the me- The SPEAKER pro tempore. Is there Jim Weaver has been an Oregonian for nearly sixty years. He represented the south- morial is $185,000 and is paid for exclusively objection to the request of the gen- by the City of St. Louis. tleman from Arizona? west portion of the state in the U.S. House of (3) In 1923, the City of St. Louis voted to There was no objection. Representatives from 1975 to 1987. During his spend $6,000,000 to purchase a memorial plaza Mr. GRIJALVA. Mr. Speaker, I yield time in Congress, Mr. Weaver made natural and building dedicated to citizens of St. myself such time as I may consume. resource conservation one of his signature Louis who lost their lives in World War I. Mr. Speaker, H.R. 247 was introduced pursuits. He was a tireless advocate for out- (4) The purchase of the 7 block site ex- by my colleague on the Natural Re- door recreation, and the protection of some of hausted the funds and no money remained to sources Committee, the gentleman Oregon’s most treasured natural features. construct a monument. He was the leading force responsible for the (5) In 1933, Mayor Bernard F. Dickmann ap- from Oregon, Representative PETER pealed to citizens and the city government DEFAZIO. This legislation designates an inclusion of new wilderness areas north of to raise $1,000,000 to construct a memorial existing Forest Service trail in the Waldo Lake in the Oregon Wilderness Act of building and general improvement of the Willamette National Forest in Oregon 1984, and worked tirelessly with then Senator plaza area and the construction of Soldiers’ as a national recreation trail in honor Hatfield to ensure that these lands received Memorial began on October 21, 1935. of Jim Weaver, a former Member of the protection. (6) On October 14, 1936, President Franklin House of Representatives. This trail The 10 square mile Waldo Lake is consid- D. Roosevelt officially dedicated the site. will be designated as the Jim Weaver ered ultraoligotrophic, meaning it’s ranked as (7) On Memorial Day in 1938, Mayor Loop Trail. It forms a 19.6-mile loop one of the purest bodies of water on Earth, Dickmann opened the building to the public. (b) STUDY.—The Secretary of the Interior around Waldo Lake. and is comparable to distilled water. According shall carry out a study to determine the Congressman Weaver served in this to the Forest Service’s Water Quality Report, suitability and feasibility of designating the body from the 94th Congress through two of the main reasons for its purity are the Soldiers’ Memorial Military Museum, lo- the 99th Congress and was a former low levels of sedimentation and lack of devel- cated at 1315 Chestnut, St. Louis, Missouri, subcommittee chairman of the Com- opment in the area, two characteristics which as a unit of the National Park System. mittee on Natural Resources. He was a should be credited to Mr. Weaver’s efforts. (c) STUDY PROCESS AND COMPLETION.—Sec- strong advocate of conservation and Waldo Lake and the surrounding area, in- tion 8(c) of Public Law 91–383 (16 U.S.C. 1a– public lands. The establishment of this cluding the loop trail, is a popular recreation 5(c)) shall apply to the conduct and completion of the study required by this section. trail around one of Oregon’s largest destination. Naming this trail for Mr. Weaver is (d) REPORT.—The Secretary shall submit a and most beautiful lakes is a fitting a fitting tribute to the legacy of Congressman report describing the results the study re- tribute to our former colleague. Under Weaver and his commitment to protecting quired by this section to the Committee on this bill, an interpretive sign will be in- Waldo Lake and the surrounding area. Natural Resources of the House of Rep- stalled at the trail head to indicate the This legislation gives long-overdue recogni- resentatives and the Committee on Energy name of the trail and provide information to Congressman Weaver and forever as- and Natural Resources of the Senate. tion on the life and career of our sociates his name with an area that he loves The SPEAKER pro tempore. Pursu- former colleague, Congressman Wea- and worked hard to protect. I want to thank ant to the rule, the gentleman from Ar- ver. Chairman RAHALL and his Staff Director, Jim izona (Mr. GRIJALVA) and the gen- This bill before us today is identical Zoia, and Ranking Member YOUNG for their ef- tleman from Utah (Mr. BISHOP) each to a measure that was reported favor- forts in dicharging the bill for today’s floor ac- will control 20 minutes.

VerDate Aug 31 2005 03:38 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.019 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE March 5, 2007 CONGRESSIONAL RECORD — HOUSE H2133 The Chair recognizes the gentleman geous men and women serving in our tributions of active military personnel from Arizona. Armed Forces. In recent days, we were and veterans to enable it to maintain GENERAL LEAVE appalled to learn that our veterans are this cherished monument. We all want Mr. GRIJALVA. Mr. Speaker, I ask not receiving high-quality health care. to honor the veterans and citizens of unanimous consent that all Members We have been sickened by some of the our Nation. We should have Federal have 5 legislative days within which to stories and images of the patients at monuments to help us all remember revise and extend their remarks and in- Walter Reed Hospital who have been those family members and friends who clude extraneous material on the bill neglected and left untreated. And we have given their lives for us in combat. under consideration. are beginning to understand that this It is the right time for the Federal The SPEAKER pro tempore. Is there is a nationwide crisis. We are all some- Government to consider acquiring the objection to the request of the gen- what ashamed that we have failed to St. Louis Soldiers’ Memorial Military tleman from Arizona? provide to those who have given the Museum in its inventory of national There was no objection. most to keep our Nation free and se- monuments. I believe that a study of Mr. GRIJALVA. Mr. Speaker, I yield cure. the monument will show it is a histori- myself such time as I may consume. With these recent events in mind, I cally important structure with a na- Mr. Speaker, H.R. 1047, introduced by want to address the legislation before tional significance. my colleague from Missouri, Rep- us today. H.R. 1047 is a bill to authorize H.R. 1047 is strongly supported by resentative CLAY, directs the Secretary the Secretary of the Interior to con- veterans groups and other civic organi- of the Interior to carry out a study to duct a study to determine the suit- zations. I hope the Members of this determine the suitability and feasi- ability and feasibility of designating body will endorse this important effort bility of designating the Soldiers’ Me- the Soldiers’ Memorial Military Mu- to create a Federal monument to honor morial Military Museum located in St. seum in the city of St. Louis as a unit our Nation’s veterans. I urge my col- Louis, Missouri, as a unit of the Na- of the National Park System. leagues to support this legislation. tional Park System. This memorial is a shining landmark Mr. BISHOP of Utah. Mr. Speaker, I Construction of the memorial and to those brave men and women who yield back the balance of my time. military museum began in 1935. The gave their lives in World War I. Today, Mr. GRIJALVA. Mr. Speaker, I yield site was dedicated by President Frank- as much as any time in our history, the back the balance of my time. lin Roosevelt in 1936. On Memorial American people feel a very special The SPEAKER pro tempore. The Day, 1938, the building officially opened connection to our military forces, and question is on the motion offered by to the public. The Soldiers’ Memorial the citizens of our Nation have a real the gentleman from Arizona (Mr. Building is a stately structure which, need to visit shrines that honor our GRIJALVA) that the House suspend the in addition to serving as a memorial to wartime heroes. rules and pass the bill, H.R. 1047. those who lost their lives in the service The St. Louis Soldiers’ Memorial is a The question was taken; and (two- of their country, also contains exhibit valuable shrine where citizens can par- thirds being in the affirmative) the rooms that house a collection of mili- ticipate in the tradition of honoring rules were suspended and the bill was tary items. The building has been our Nation’s veterans. Initiated by the passed. found eligible for listing in the Na- residents of St. Louis in the 1920s, after A motion to reconsider was laid on tional Register of Historic Places. It is many years of fundraising, the land the table. operated by the City of St. Louis and was acquired and the monument was f made available to the public free of constructed. On October 14, 1936, St. charge. Louis Soldiers’ Memorial Military Mu- FIRST AND SECOND BATTLES OF I want to commend my colleague seum was officially dedicated by Presi- NEWTONIA, MISSOURI, STUDY ACT from Missouri, Representative CLAY, dent Roosevelt. And St. Louis Soldiers’ Mr. GRIJALVA. Mr. Speaker, I move for his efforts to preserve this memo- Memorial Military Museum also has a to suspend the rules and pass the bill rial and museum, which was built to unique place in our Nation’s history as (H.R. 376) to authorize the Secretary of honor those who gave their lives to it is the only structure in St. Louis the Interior to conduct a special re- this country. that is known to have been dedicated source study to determine the suit- Mr. Speaker, the House approved by a sitting U.S. President. ability and feasibility of including the identical legislation in the 109th Con- The Soldiers’ Monument is a national battlefields and related sites of the gress. We strongly support H.R. 1047 treasure, and it is recognized as an ar- First and Second Battles of Newtonia, and urge its adoption by the House chitectural masterpiece. Designed by Missouri, during the Civil War as part today. one of the 20th century’s foremost art of Wilson’s Creek National Battlefield Mr. Speaker, I reserve the balance of deco sculptors, Mr. Walter Hancock, or designating the battlefields and re- my time. the entrance to the memorial is lated sites as a separate unit of the Na- b 1445 flanked by four limestone sculptures tional Park System, and for other pur- Mr. BISHOP of Utah. Mr. Speaker, I which symbolize the most important poses. yield myself such time as I may con- virtues in a soldier’s life: courage, loy- The Clerk read as follows: sume. alty, sacrifice and vision. The ceiling H.R. 376 Mr. Speaker, the majority has ade- of the monument is decorated with mo- Be it enacted by the Senate and House of Rep- quately explained H.R. 1047, but I wish saic tiles in the shape of large gold resentatives of the United States of America in to note that while this legislation stars that are dedicated to our Nation’s Congress assembled, passed in the House in the 109th Con- Gold Star Mothers. SECTION 1. NATIONAL PARK SYSTEM SPECIAL gress, it is not supported by the admin- Today, the St. Louis Soldiers’ Memo- RESOURCE STUDY, NEWTONIA CIVIL WAR BATTLEFIELDS, MISSOURI. istration because the memorial is not rial is an important cultural resource and gathering place. It attracts about (a) SPECIAL RESOURCE STUDY.—The Sec- distinguished beyond that of many war retary of the Interior shall conduct a special memorials, and it is not known wheth- 48,000 visitors a year, and provides the resource study relating to the First Battle of er it meets the criteria of national sig- setting for more than 20 ceremonies an- Newtonia in Newton County, Missouri, which nificance. nually, including change-of-command occurred on September 30, 1862, and the Sec- Mr. Speaker, I reserve the balance of and retirement ceremonies, and many ond Battle of Newtonia, which occurred on my time. other patriotic events hosted by vet- October 28, 1864, during the Missouri Expedi- Mr. GRIJALVA. Mr. Speaker, I yield erans groups. It is also the center of an tion of Confederate General Sterling Price in such time as he may consume to the annual Veterans Day parade which is September and October 1864. the largest of its kind in the Midwest, (b) CONTENTS.—In conducting the study gentleman from Missouri (Mr. CLAY). under subsection (a), the Secretary shall— Mr. CLAY. Mr. Speaker, I first want drawing participants from several (1) evaluate the national significance of to thank my friend and colleague from States and hosting more than 100 the Newtonia battlefields and their related Arizona for yielding. marching units. sites; Mr. Speaker, the American people In recent years, the city of St. Louis (2) consider the findings and recommenda- are unanimous in supporting the coura- has relied upon the support and con- tions contained in the document entitled

VerDate Aug 31 2005 03:38 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.022 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE H2134 CONGRESSIONAL RECORD — HOUSE March 5, 2007 ‘‘Vision Plan for Newtonia Battlefield Pres- 1,500 Union cavalry engaging a Confed- most battles in the Civil War, and this ervation’’ and dated June 2004, which was erate Army returning from the unsuc- was the final battle in our State. prepared by the Newtonia Battlefields Pro- cessful Missouri and Kansas Campaign This legislation has really been tection Association; of Confederate General Sterling Price. strongly supported by the local com- (3) evaluate the suitability and feasibility of adding the battlefields and related sites as Mr. Speaker, I want to commend and munity, as has the idea of preserving part of Wilson’s Creek National Battlefield congratulate my colleague, Mr. BLUNT, this battlefield. The Newtonia Battle- or designating the battlefields and related for this bill. A hearing was held on a fields Protection Association has sites as a unit of the National Park System; nearly identical measure last Congress, spearheaded preservation efforts at (4) analyze the potential impact that the and that bill eventually passed the Newtonia. In 2002, the association ac- inclusion of the battlefields and related sites House. We strongly support H.R. 376 quired 11 acres of the battlefield, along as part of Wilson’s Creek National Battle- and urge its adoption by the House with the Ritchey Mansion, which is on field or their designation as a unit of the Na- today. the National Register of Historic tional Park System is likely to have on land Mr. Speaker, I reserve the balance of within or bordering the battlefields and re- Places for around $300,000. A year later, lated sites that is privately owned at the my time. I delivered a ceremonial check for time of the study is conducted; Mr. BISHOP of Utah. Mr. Speaker, I about half of that from the American (5) consider alternatives for preservation, yield myself such time as I may con- Battlefield Protection Program to re- protection, and interpretation of the battle- sume. imburse the local group that had put fields and related sites by the National Park Mr. Speaker, I rise in support of H.R. this association together. Service, other Federal, State, or local gov- 376 introduced by the distinguished mi- The National Park Service rated the ernmental entities, or private and nonprofit nority whip, Representative ROY BLUNT 1864 battlefield as a Priority I for pres- organizations; and of Missouri. It would authorize the Sec- (6) identify cost estimates for any nec- ervation and the 1862 site as a Priority essary acquisition, development, interpreta- retary of the Interior to conduct a spe- II. These sites are largely similar. They tion, operation, and maintenance associated cial resource study to determine the overlap in some places, but they are with the alternatives referred to in para- suitability of designating the First and right next to each other. graph (5). Second Battles of Newtonia, Missouri, A review by the National Park Serv- (c) CRITERIA.—The criteria for the study of as a part of Wilson’s Creek National ice found the 1964 battlefield faced a areas for potential inclusion in the National Battlefield or as a separate unit of the greater threat from development. The Park System contained in section 8 of Public National Park System. not-for-profit Newtonia Battlefields Law 91–383 (16 U.S.C. 1a–5) shall apply to the I support this bill. I commend the study under subsection (a). Protection Association was formed in (d) TRANSMISSION TO CONGRESS.—Not later leadership and persistence of Mr. 1994 to work on funding to preserve the than three years after the date on which BLUNT on this issue. battlefields. In addition, the National funds are first made available for the study Mr. Speaker, I wish to, at this time, Park Service has provided archae- under subsection (a), the Secretary shall sub- yield to the sponsor of the bill, the mi- ological and historical surveys and as- mit to the Committee on Natural Resources nority whip, such time as he may con- sessments of the battlefield. of the House of Representatives and the sume, Mr. BLUNT of Missouri. I think this study will answer the Committee on Energy and Natural Resources Mr. BLUNT. Mr. Speaker, I thank questions that need to be answered be- of the Senate a report containing— the gentleman for yielding, and thank (1) the results of the study; and fore any further steps are taken. I am (2) any conclusions and recommendations the subcommittee chairman and the grateful to the committee for bringing of the Secretary. committee for bringing this bill to the this legislation to the floor today. If The SPEAKER pro tempore. Pursu- floor. this study is agreed to by both bodies, ant to the rule, the gentleman from Ar- The language we are discussing today it might even be funded in this year’s is designed to authorize a study by the izona (Mr. GRIJALVA) and the gen- appropriation process. National Park Service to determine tleman from Utah (Mr. BISHOP) each Mr. BISHOP of Utah. Mr. Speaker, I will control 20 minutes. the feasibility of creating a new Civil yield back the balance of my time. The Chair recognizes the gentleman War battlefield at Newtonia, Missouri, Mr. GRIJALVA. Mr. Speaker, I yield from Arizona. or bringing those battlefield lands back the balance of my time. GENERAL LEAVE under the management of the Wilson’s The SPEAKER pro tempore. The Mr. GRIJALVA. Mr. Speaker, I ask Creek National Battlefield near question is on the motion offered by unanimous consent that all Members Springfield and also near the Newtonia the gentleman from Arizona (Mr. may have 5 legislative days to revise battlefield site. GRIJALVA) that the House suspend the and extend their remarks and include This measure is a necessary first step rules and pass the bill, H.R. 376. extraneous material on the bill under to determine if this battlefield, as I be- The question was taken; and (two- consideration. lieve it will, fits the criteria necessary thirds being in the affirmative) the The SPEAKER pro tempore. Is there for being preserved as part of the Na- rules were suspended and the bill was objection to the request of the gen- tional Park System. I believe the study passed. tleman from Arizona. will find that the two Civil War battles A motion to reconsider was laid on There was no objection. at Newtonia, like the Manassas Battle- the table. field south of where we are now, hold a Mr. GRIJALVA. Mr. Speaker, I yield f myself such time as I may consume. unique place in American history and I rise in strong support of H.R. 376, are worthy of protection in the Na- ‘‘COLUMBIA’’ SPACE SHUTTLE introduced by the gentleman from Mis- tional Park Service system. MEMORIAL STUDY ACT souri (Mr. BLUNT). This legislation Two important battles were fought Mr. GRIJALVA. Mr. Speaker, I move would direct the National Park Service at Newtonia during the Civil War, one to suspend the rules and pass the bill to conduct a study to determine how in 1862, where large numbers of Amer- (H.R. 807) to direct the Secretary of the best to protect the sites related to the ican Indian troops on the Confederate Interior to conduct a special resource First and Second Battles of Newtonia, side and the Union side, actually study to determine the feasibility and Missouri. fought each other in battle. It was the suitability of establishing a memorial Two Civil War battles were waged largest of the rare engagements where to the Space Shuttle Columbia in the near Newtonia which lies in Newton native Americans fought on both sides State of Texas and for its inclusion as County, Missouri. The first, on Sep- in the Civil War. My understanding is a unit of the National Park Service. tember 30, 1862, involved 4,000 Confed- that this is the place where those The Clerk read as follows: erate troops and 6,500 Union soldiers, troops actually fought each other. H.R. 807 and it is believed to be the only Civil Two years later, in 1864, the last bat- Be it enacted by the Senate and House of Rep- War battle in which full American In- tle of the Civil War west of the Mis- resentatives of the United States of America in dian units fought on both sides of the sissippi was fought at Newtonia as Con- Congress assembled, conflict. federate forces withdrew from Missouri SECTION 1. SHORT TITLE. The Second Battle of Newtonia oc- after their defeat at Westport. Ten- This Act may be cited as the ‘‘Columbia curred on October 28, 1864, and involved nessee, Missouri and Virginia had the Space Shuttle Memorial Study Act’’.

VerDate Aug 31 2005 05:24 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MR7.009 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE March 5, 2007 CONGRESSIONAL RECORD — HOUSE H2135 SEC. 2. DEFINITIONS. port the passage of H.R. 807, an impor- provided 3,000 to 4,000 meals per day in In this Act: tant step toward ensuring that the sac- his area alone and did all that they (1) MEMORIAL.—The term ‘‘memorial’’ rifices made by her crew and their fam- could to provide shelter and anything means a memorial to the Space Shuttle Co- ilies will always be remembered. We else that was needed. lumbia that is subject to the study in section The legendary hospitality of east 3(a). commend the Congressman for intro- (2) SECRETARY.—The term ‘‘Secretary’’ ducing this legislation. Texas was on display as business own- means the Secretary of the Interior, acting Mr. Speaker, I reserve the balance of ers donated supplies, building space through the Director of the National Park my time. and other assets to support the Forest Service. Mr. BISHOP of Utah. Mr. Speaker, it Service, FEMA, National Guard, and SEC. 3. STUDY OF SUITABILITY AND FEASIBILITY is my pleasure to yield as much time as other governmental entities taking OF ESTABLISHING MEMORIALS TO he may consume to the author of this part in the recovery. All told, east Tex- THE SPACE SHUTTLE COLUMBIA. particular piece of legislation, the dis- ans spent countless weeks supporting (a) IN GENERAL.—Not later than 3 years the 10,000 people searching for the shut- after the date on which funds are made avail- tinguished and debonair Congressman able, the Secretary shall conduct a special from Texas (Mr. GOHMERT). tle remains. resource study to determine the feasibility Mr. GOHMERT. Mr. Speaker, I want The efforts of these constituents are and suitability of establishing a memorial as to thank the gentleman from Arizona best summed up by three fellow east a unit or units of the National Park System for his kindness and sensitivity in this Texans. to the Space Shuttle Columbia on land in the issue, as well as the gentleman from Texas Ranger Pete Maskunas said, State of Texas described in subsection (b) on Utah. ‘‘We got to see a small portion of east which large debris from the Shuttle was re- Mr. Speaker, I rise today to properly Texas pull together in a big way. The covered. commemorate and memorialize one of people here don’t have much, but we (b) DESCRIPTION OF LAND.—The parcels of this Nation’s most heroic, yet heart- gave everything that we had. We land referred to in subsection (a) are— showed the Nation that, here in east (1) the parcel of land owned by the Fre- breaking, tragedies. The disintegration donia Corporation, located at the southeast of the Space Shuttle Columbia as it re- Texas, we have got a big heart, and we corner of the intersection of East Hospital entered Earth’s atmosphere in the are here to make things a lot better for Street and North Fredonia Street, spring of 2003 deserves such a memori- people we don’t even know.’’ Nacogdoches, Texas; alization. San Augustine County Judge Wayne (2) the parcel of land owned by Temple In- This legislation will serve to begin Holt said, ‘‘From the smallest child to land Inc., 10 acres of a 61-acre tract bounded the process of appropriately honoring the oldest man, if you needed some- by State Highway 83 and Bayou Bend Road, the gallantry and sacrifice, not only of body, they were there.’’ Hemphill, Texas; Nacogdoches County Judge Sue Ken- the seven brave souls of their crew and (3) the parcel of land owned by the city of nedy said, ‘‘The generosity and unself- their families, but also the vast num- Lufkin, Texas, located at City Hall Park, 301 ish, tireless efforts by the wonderful Charlton Street, Lufkin, Texas; and ber of citizens who worked tirelessly in people of east Texas were so compel- (4) the parcel of land owned by San Augus- the recovery effort following the catas- ling and moving that even in 2007 we tine County, Texas, located at 1109 Oaklawn trophe. This bill will start that process are being asked to teach seminars on Street, San Augustine, Texas. that will ultimately result in appro- (c) ADDITIONAL SITES.—The Secretary may how to mobilize an entire area in a sud- priate memorialization of all the self- recommend to Congress additional sites in den emergency.’’ the State of Texas relating to the Space less and heroic efforts. I urge my colleagues to vote ‘‘yes’’ Shuttle Columbia for establishment as me- Tragically, parts of the shuttle were on H.R. 807, the Columbia Space Shuttle morials to the Space Shuttle Columbia. strewn over hundreds of miles of east Memorial Study Act, because those in- The SPEAKER pro tempore. Pursu- Texas in my district, and the commit- volved deserve it. Thank you again to ant to the rule, the gentleman from Ar- ment of east Texans in the effort to re- the chairman, the gentleman from Ari- izona (Mr. GRIJALVA) and the gen- cover as much of the wreckage as pos- zona, and the ranking member. tleman from Utah (Mr. BISHOP) each sible was pivotal in determining the Mr. BISHOP of Utah. The tragedy of will control 20 minutes. cause of the incident in order to save the Space Shuttle Columbia has The Chair recognizes the gentleman future lives. touched the hearts of all of us, and Mr. from Arizona. The ultimate sacrifice was made by GOHMERT should be commended for his GENERAL LEAVE Commander Rick Husband, Pilot Wil- attention to this. Mr. GRIJALVA. Mr. Speaker, I ask liam McCool, Payload Commander Mi- I urge adoption of the bill. unanimous consent that all Members chael Anderson, Mission Specialist Ms. BORDALLO. Mr. Speaker, I rise today may have 5 legislative days to revise David Brown, Mission Specialist to join my colleagues in support of H.R. 807, and extend their remarks and include Kalpana Chalwa, Payload Commander the Columbia Space Shuttle Memorial Study extraneous material on the bill under Ilan Ramon, and Mission Specialist and Act, a bill which would direct the Secretary of consideration. Medical Doctor Laurel Blair Salton the Interior to conduct a study on the feasi- The SPEAKER pro tempore. Is there Clark who was the wife of my Texas bility and suitability of establishing a memorial objection to the request of the gen- A&M classmate John Clark, who him- to the Space Shuttle Columbia in Texas and tleman from Arizona. self is also a patriot as a captain in the including it within the National Park System. There was no objection. United States Navy. John and Laura This legislation is an important step toward Mr. GRIJALVA. Mr. Speaker, I yield also have a wonderful son. All of these honoring the courage and contributions of the myself such time as I may consume. American heroes deserve a memorial crew of STS–107 and toward continuing to As we all remember, February 1, 2003, befitting their devotion to their fellow heal as a nation four years after the tragedy the Space Shuttle Columbia suffered a man, their spirit of exploration and of the loss of the Space Shuttle Columbia. tragic failure during reentry into the discovery, as well as their courage. Just over four years ago, the Nation lost Earth’s atmosphere. As a result, seven In the days and weeks following the seven heroes, Michael Anderson, David crew members sadly lost their lives. tragedy, countless east Texans volun- Brown, Kalpana Chawla, Laurel Clark, Rick teered to help and support the tireless Husband, Willie McCool, and Ilan Ramon. b 1500 Federal workers who were charged They were mothers and fathers, wives and H.R. 807, introduced by Representa- with locating the shuttle debris. husbands, daughters and sons, teachers and tive GOHMERT, would authorize a study Volunteers gave selflessly of their friends. There is one characteristic, however, to determine how best to protect four time and their resources by partici- that unites them all. They are all heroes in the parcels of land in east Texas where pating in searches, opening their truest sense of the word. We draw our large portions of the wreckage were re- homes, preparing food and serving the strength and resolve from the example they covered. In addition to specific sites many people taking part in the recov- set and we remain committed to our Nation’s identified in the bill, the Secretary of ery effort in towns such as San Augus- space program in their honor and because of the Interior would be authorized to rec- tine, Nacogdoches, Lufkin, Hemphill, all they have taught us. Today, we have the ommend additional sites to Congress. as well as most of east Texas itself. opportunity to further memorialize their con- Mr. Speaker, the Nation continues to San Augustine City Manager Duke tributions to space exploration and their inspi- mourn the loss of the Columbia. We sup- Lyons said at the time the volunteers rational lives by taking steps toward creating a

VerDate Aug 31 2005 05:24 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 9920 E:\CR\FM\A05MR7.010 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE H2136 CONGRESSIONAL RECORD — HOUSE March 5, 2007 permanent memorial to them and their service SECTION 1. SHORT TITLE. shall be solely responsible for acceptance of on behalf of our country in Texas. This Act may be cited as the ‘‘Brigadier contributions for, and payment of the ex- Guam has a unique relationship with one of General Francis Marion Memorial Act of penses of, the establishment of that com- 2007’’. the crew members, Lieutenant Commander memorative work. SEC. 2. COMMEMORATIVE WORK TO HONOR (e) DEPOSIT OF EXCESS FUNDS.—If, upon William C. McCool, who piloted the Columbia BRIGADIER GENERAL FRANCIS MAR- payment of all expenses of the establishment on that fateful day. Commander McCool lived ION AND HIS FAMILY. of the commemorative work authorized by in Guam while his father served as a Navy (a) FINDINGS.—The Congress finds that: subsection (b) (including the maintenance pilot and he attended Dededo Middle School (1) Francis Marion was born in 1732 in St. and preservation amount provided for in sec- and John F. Kennedy High School. He later John’s Parish, Berkeley County, South Caro- tion 8906(b) of title 40, United States Code), lina. He married Mary Esther Videau on or upon expiration of the authority for the married Lani Vallejos of Dededo, Guam. While April 20th, 1786. Francis and Mary Esther America lost a hero, Guam lost a son in the commemorative work under chapter 89 of Marion had no children, but raised a son of title 40, United States Code, there remains a aftermath of the Columbia tragedy. Com- a relative as their own, and gave the child balance of funds received for the establish- mander McCool blessed our island and indeed Francis Marion’s name. ment of that commemorative work, the Mar- our country with his passion, intellect, and pur- (2) Brigadier General Marion commanded ion Park Project, a committee of the Pal- pose. The people of Guam are proud to call the Williamsburg Militia Revolutionary metto Conservation Foundation, shall trans- him one of our own and will always remember force in South Carolina and was instru- mit the amount of the balance to the Sec- him as a role model for our children. The in- mental in delaying the advance of British retary of the Treasury for deposit in the ac- forces by leading his troops in disrupting count provided for in section 8906(b)(1) of spiration Commander McCool has been to our supply lines. people is something that will not fade and that such title. (3) Brigadier General Marion’s tactics, (f) DEFINITIONS.—For the purposes of this can never be taken away. which were unheard of in rules of warfare at section, the terms ‘‘commemorative work’’ This memorial, as a part of the National the time, included lightning raids on British and ‘‘the District of Columbia and its envi- Park System, will allow future generations to convoys, after which he and his forces would rons’’ have the meanings given to such terms learn about the sacrifices the STS–107 crew retreat into the swamps to avoid capture. in section 8902(a) of title 40, United States made in the name of scientific advancements. British Lieutenant Colonel Tarleton stated Code. It will be a testament to their courage and that ‘‘as for this damned old swamp fox, the The SPEAKER pro tempore. Pursu- devil himself could not catch him.’’ Thus, dedication to their colleagues and this Nation. the legend of the ‘‘Swamp Fox’’ was born. ant to the rule, the gentleman from Ar- I hope that the memorial will inspire all those (4) His victory at the Battle of Eutaw izona (Mr. GRIJALVA) and the gen- who see it to believe in their dreams and their Springs in September of 1781 was officially tleman from Utah (Mr. BISHOP) each potential to achieve those dreams. recognized by Congress. will control 20 minutes. The foundation of this country is built on the (5) Brigadier General Marion’s troops are The Chair recognizes the gentleman hard work and dedication of people with novel believed to be the first racially integrated from Arizona. force fighting for the United States, as his and exciting ideas. The crew of the Space GENERAL LEAVE band was a mix of Whites, Blacks, both free Shuttle Columbia embodied these American Mr. GRIJALVA. Mr. Speaker, I ask ideals and believed in the need for scientific and slave, and Native Americans. (6) As a statesman, he represented his par- unanimous consent that all Members advancement and space exploration. A na- ish in the South Carolina senate as well as have 5 legislative days to revise and ex- tional memorial to their lives and dreams will his State at the Constitutional Convention. tend their remarks and include extra- continue to inspire the spirit of Americans. (7) Although the Congress has authorized neous material on the bill under con- Let us always remember the courage and the establishment of commemorative works sideration. inspiration of the seven crewmembers of the on Federal lands in the District of Columbia The SPEAKER pro tempore. Is there Space Shuttle Columbia. This memorial, situ- honoring such celebrated Americans as objection to the request of the gen- ated in the state where they dedicated their George Washington, Thomas Jefferson, and tleman from Arizona? careers to space exploration, will be a testa- Abraham Lincoln, the National Capital has no comparable memorial to Brigadier Gen- There was no objection. ment to their lives and their legacy. I thank my eral Francis Marion for his bravery and lead- Mr. GRIJALVA. Mr. Speaker, I yield colleague, Mr. GOHMERT, for sponsoring this ership during the Revolutionary War, with- myself such time as I may consume. important legislation. out which the United States would not exist. Mr. Speaker, Brigadier General Mr. BISHOP of Utah. Mr. Speaker, I (8) Brigadier General Marion’s legacy must Francis Marion commanded the Wil- yield back the balance of my time. live on. Since 1878, United States Reserva- liamsburg Militia Revolutionary Force Mr. GRIJALVA. Mr. Speaker, I yield tion 18 has been officially referred to as Mar- in South Carolina during the Revolu- back the balance of my time. ion Park. Located between 4th and 6th tionary War. The SPEAKER pro tempore. The Streets, S.E., at the intersection of E Street He is distinguished for his innovative question is on the motion offered by and South Carolina Avenue, S.E., in Wash- warfare techniques, his pivotal victory ington, DC, the park lacks a formal com- the gentleman from Arizona (Mr. memoration to this South Carolina hero who at Eutaw Springs in September 1781, GRIJALVA) that the House suspend the was important to the initiation of the Na- and for his commanding the first ra- rules and pass the bill, H.R. 807. tion’s heritage. cially integrated troop force. General The question was taken; and (two- (9) The time has come to correct this over- Marion is perhaps even better known thirds being in the affirmative) the sight so that future generations of Ameri- by the nickname given to him by an rules were suspended and the bill was cans will know and understand the pre- exasperated British commander, the passed. eminent historical and lasting significance Swamp Fox. A motion to reconsider was laid on to the Nation of Brigadier General Marion’s H.R. 497, introduced by Representa- contributions. Such a South Carolina hero the table. deserves to be given the proper recognition. tive JOE WILSON, would authorize a pri- f (b) AUTHORITY TO ESTABLISH COMMEMORA- vate entity, the Marion Park Project, to establish a commemorative work in BRIGADIER GENERAL FRANCIS TIVE WORK.—The Marion Park Project, a committee of the Palmetto Conservation Washington, D.C., to honor General MARION MEMORIAL ACT OF 2007 Foundation, may establish a commemora- Marion. The memorial is to be estab- Mr. GRIJALVA. Mr. Speaker, I move tive work on Federal land in the District of lished pursuant to the Commemorative to suspend the rules and pass the bill Columbia and its environs to honor Brigadier Works Act and is to be privately fund- (H.R. 497) to authorize the Marion Park General Francis Marion and his service. (c) COMPLIANCE WITH STANDARDS FOR COM- ed. Project, a committee of the Palmetto MEMORATIVE WORKS.—The commemorative Mr. Speaker, the House approved Conservation Foundation, to establish work authorized by subsection (b) shall be identical legislation in the last Con- a commemorative work on Federal established in accordance with chapter 89 of gress, and we strongly support H.R. 497 land in the District of Columbia, and title 40, United States Code (commonly today. its environs to honor Brigadier General known as the ‘‘Commemorative Works Mr. Speaker, I reserve the balance of Francis Marion. Act’’). my time. (d) USE OF FEDERAL FUNDS PROHIBITED.— The Clerk read as follows: Federal funds may not be used to pay any ex- Mr. BISHOP of Utah. Mr. Speaker, I H.R. 497 pense of the establishment of the commemo- yield myself such time as I may con- Be it enacted by the Senate and House of Rep- rative work authorized by subsection (b). sume, and I rise to support H.R. 497. resentatives of the United States of America in The Marion Park Project, a committee of H.R. 497, introduced by Congressman Congress assembled, the Palmetto Conservation Foundation, JOE WILSON of South Carolina, would

VerDate Aug 31 2005 03:38 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MR7.019 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE March 5, 2007 CONGRESSIONAL RECORD — HOUSE H2137 authorize the Marion Park Project to legislation, Mr. BROWN as well, Mr. cember 1780, in an otherwise dismal period establish a commemorative work on CLYBURN, Mr. SPRATT and Mr. BARRETT for America, Marion gained national rec- Federal land in the District of Colum- from South Carolina for introducing ognition for his actions at the Great Savan- bia to honor Brigadier General Francis the bill that we have just finished. nah (August 20), Blue Savannah (September 4), Black Mingo (September 29), Tearcoat Marion. I also want to, before I yield back, Swamp (October 26), Georgetown (November The work authorized by this legisla- thank the gentleman from Utah, the 15), and Halfway Swamp (December 12–13). tion will be completed with private ranking member, for assisting in bring- While some counts place the number of funds provided by the Marion Park ing the pieces of legislation we had ‘‘Marion’s Men’’ at more than two thousand, Project and not by the Federal Govern- today forward. his band generally consisted of considerably ment. Congressman JOE WILSON and Mr. WILSON of South Carolina. Mr. Speak- fewer than that and included Continentals. Congressman HENRY BROWN should be er, I am pleased we are today considering the Marion’s nickname, the ‘‘Swamp Fox,’’ recommended for sending us such an out- ‘‘Brigadier General Francis Marion Memorial portedly came from the infamous British officer Banastre Tarleton, who, unable to standing bill. Act’’. It is with the support of the entire South snare Marion, called him a ‘‘damned old fox’’ I urge my colleagues to support H.R. Carolina delegation that I reintroduced this and swore that ‘‘the devil himself could not 497. legislation in January. catch him.’’ Mr. Speaker, I am pleased to yield as Brigadier General Francis Marion well rep- Marion’s small-scale hit-and-run tactics much time as he may consume for this resented the State of South Carolina and our disrupted supply lines, intercepted commu- wonderful project honoring General fledgling Nation with his brave service in the nications, and hampered the enemy consider- Francis Marion, better known as the Revolutionary War. As a South Carolinian, I ably. In December 1780 he established a camp Swamp Fox in the Revolutionary War, am proud his legacy has been honored with a on Snow’s Island between Pee Dee and to the distinguished gentleman from Lynches Rivers and Clark’s Creek. Condi- memorial park in Washington, DC. Yet, I feel tions improved by the spring of 1781, when South Carolina (Mr. BROWN). strongly that a statue of the ‘‘Swamp Fox’’ Marion became a vital part of General Na- Mr. BROWN of South Carolina. I cer- should be erected on its premises. Passage of thanael Greene’s combined operations in tainly thank my good friend for yield- this bill is a crucial first step in making this South Carolina. In 1781 Marion’s troops paring. dream a reality. ticipated in the battles at Fort Watson Mr. Speaker, H.R. 497 is an important I would specifically like to thank Ken (April 23), Fort Motte (May 12), Quinby bill for my constituents in South Caro- Driggers and Nancy Stone-Collum of the Pal- Bridge (July 17), Parker’s Ferry (August 13) lina’s First Congressional District. I metto Conservation Foundation. Additionally, I and Eutaw Springs (September 8). thank my colleague and friend Con- After a penniless Marion, whose plantation would like to thank the South Carolina Human- had been ruined, was awarded a gold medal, gressman Joe Wilson for introducing ities Council for supporting John McCabe, the a full Continental colonelcy, and command this important piece of legislation. historian who originally had the vision to honor of Fort Johnson in Charleston harbor. He General Francis Marion is an impor- the ‘‘Swamp Fox.’’ John created the Francis served in the S.C. Senate in 1783–1786, 1791, tant part of the history of South Caro- Marion Park Project to assist with fundraising and 1792–1794 and was elected to the 1790 lina, and the national forest bearing and planning once this bill is enacted. The Na- state constitutional convention. his name is located within my congres- tional Park Service also deserves recognition I urge my colleagues to support H.R. 497. sional district. for their guidance through this important proc- Mr. Speaker, I yield back the balance Francis Marion commanded the only ess. of my time. Revolutionary force in South Carolina The House of Representatives originally The SPEAKER pro tempore. The and was instrumental in delaying the passed this bill in the 109th Congress, yet it question is on the motion offered by advance of British forces by leading his failed to be considered by the Senate. It is my the gentleman from Arizona (Mr. troops in disrupting supply lines. Gen- hope we can enact this legislation during the GRIJALVA) that the House suspend the eral Marion’s tactics, which were un- 110th Congress and erect a memorial befitting rules and pass the bill, H.R. 497. heard of in rules of war at this time, General Marion. The question was taken. commanded lightning raids on British Today I was presented a copy of The South The SPEAKER pro tempore. In the convoys, and then he and his forces Carolina Encyclopedia, edited by the noted opinion of the Chair, two-thirds being would retreat into the swamps to avoid historian Walter Edgar. The book is a project in the affirmative, the ayes have it. capture. of The Humanities Council, ably led by Direc- Mr. GRIJALVA. Mr. Speaker, on that British General Tarleton stated that tor Randy Akers. Presenting the book was I demand the yeas and nays. ‘‘as for this damned old swamp fox, the Bob Hazel of West Columbia who is former The yeas and nays were ordered. devil himself could not catch him.’’ Council Board Chair who was elected to the The SPEAKER pro tempore. Pursu- Thus, the legend of the Swamp Fox was board of the Federation of State Humanities ant to clause 8 of rule XX and the born. His victory at the Battle of Councils. South Carolina was the site of more Chair’s prior announcement, further Eutaw Springs in September of 1781 battles and skirmishes than any other province proceedings on this question will be was officially recognized by Congress. during the American Revolution. postponed. H.R. 497 seeks to authorize the Mar- General Francis Marion is a significant entry f ion Park Project and the committee of in the encyclopedia with highlights beginning RECESS the Palmetto Conservation Foundation on page 591: The SPEAKER pro tempore. Pursu- to establish a statue of General Francis Marion, Francis (1732–1792). Soldier. Mar- Marion on Federal lands in D.C. in ion, of Huguenot descent, was born in St. ant to clause 12(a) of rule I, the Chair Marion Park at no Federal Govern- John’s Berkley Parish, the youngest of six declares the House in recess until ap- ment expense. children born to Gabriel Marion and Esther proximately 6:30 p.m. today. I was proud to work with Natural Re- Cordes. A planter, Marion in 1773 built his Accordingly (at 3 o’clock and 12 min- sources Chairman NICK RAHALL and home, Pond Bluff, about four miles south of utes p.m.), the House stood in recess Ranking Republican DON YOUNG to as- Eutaw Springs, a site now beneath the wa- until approximately 6:30 p.m. ters of Lake Marion. He commenced his mili- sist in the passage of this bill for my f tary career in the parish militia in 1756 and constituents of South Carolina’s First joined the campaigns against the Cherokees b 1830 Congressional District and for all of (1759–1761), rising to the rank of first lieuten- South Carolina, and I urge my col- ant. Having served in local offices, he was AFTER RECESS leagues to support H.R. 497. elected in 1775 to the First Provincial Con- The recess having expired, the House Mr. GRIJALVA. Mr. Speaker, I re- gress. Commissioned a captain in the state’s was called to order by the Speaker pro serve my time. Second Regiment in June, he participated in tempore (Mr. WELCH of Vermont) at 6 Mr. BISHOP of Utah. Mr. Speaker, the capture of Fort Johnson in September. o’clock and 30 minutes p.m. As a major, Marion distinguished himself at anything that deals with some place f called Eutaw Springs in South Carolina the Battle of Sullivan’s Island (June 1776), after which he was commissioned a lieuten- has to be a good project. I yield back ANNOUNCEMENT BY THE SPEAKER ant colonel in the Continental army. PRO TEMPORE the balance of my time. With a militia commission as a brigadier Mr. GRIJALVA. Mr. Speaker, let me general, Marion organized a partisan force in The SPEAKER pro tempore. Pursu- thank Congressman WILSON for this the Pee Dee region. Between August and De- ant to clause 8 of rule XX, proceedings

VerDate Aug 31 2005 05:24 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.031 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE H2138 CONGRESSIONAL RECORD — HOUSE March 5, 2007 will resume on motions to suspend the Jindal Miller (MI) Schwartz A motion to reconsider was laid on Johnson (GA) Miller, Gary Scott (GA) rules previously postponed. Johnson (IL) Miller, George Scott (VA) the table. Votes will be taken in the following Johnson, Sam Mitchell Sensenbrenner f order: Jones (NC) Mollohan Serrano H.R. 995, by the yeas and nays; Jordan Moore (KS) Sessions BRIGADIER GENERAL FRANCIS Kagen Moore (WI) Sestak H.R. 497, by the yeas and nays. Kanjorski Moran (KS) Shadegg MARION MEMORIAL ACT OF 2007 The first electronic vote will be con- Kaptur Murphy (CT) Shays The SPEAKER pro tempore. The ducted as a 15-minute vote. The re- Keller Murphy, Patrick Shea-Porter Kennedy Murphy, Tim Sherman pending business is the question of sus- maining electronic vote will be con- Kildee Musgrave Shimkus pending the rules and passing the bill, ducted as a 5-minute vote. Kind Nadler Shuler H.R. 497. King (IA) Napolitano Shuster f King (NY) Neugebauer Simpson The Clerk read the title of the bill. Kingston Nunes Sires The SPEAKER pro tempore. The EXTENDING AUTHORIZATION FOR Kirk Oberstar Skelton question is on the motion offered by Klein (FL) Obey Smith (NE) the gentleman from Arizona (Mr. THE AMERICAN VETERANS DIS- Kline (MN) Olver Smith (NJ) ABLED FOR LIFE MEMORIAL Knollenberg Ortiz Smith (TX) GRIJALVA) that the House suspend the Kucinich Pallone Smith (WA) rules and pass the bill, H.R. 497, on The SPEAKER pro tempore. The Kuhl (NY) Pascrell Snyder which the yeas and nays are ordered. pending business is the question of sus- LaHood Pastor Solis Lamborn Paul Souder This will be a 5-minute vote. pending the rules and passing the bill, The vote was taken by electronic de- H.R. 995. Lampson Payne Space Langevin Pearce Spratt vice, and there were—yeas 390, nays 0, The Clerk read the title of the bill. Larsen (WA) Pence Stearns not voting 43, as follows: The SPEAKER pro tempore. The Latham Perlmutter Stupak question is on the motion offered by Lee Peterson (MN) Sullivan [Roll No. 120] Levin Petri Sutton YEAS—390 the gentleman from Arizona (Mr. Lewis (CA) Pickering Tancredo GRIJALVA) that the House suspend the Lewis (GA) Pitts Tanner Aderholt Coble Granger rules and pass the bill, H.R. 995, on Lewis (KY) Platts Taylor Akin Cohen Green, Al Linder Poe Terry Alexander Cole (OK) Green, Gene which the yeas and nays are ordered. Lipinski Pomeroy Thompson (CA) Allen Conaway Grijalva The vote was taken by electronic de- LoBiondo Porter Thompson (MS) Altmire Conyers Gutierrez vice, and there were—yeas 390, nays 0, Loebsack Price (GA) Thornberry Andrews Cooper Hall (NY) Arcuri Costa Hall (TX) not voting 43, as follows: Lofgren, Zoe Price (NC) Tiberi Lowey Pryce (OH) Tierney Baca Costello Hare [Roll No. 119] Lucas Putnam Turner Bachmann Courtney Harman Bachus Cramer Hastert YEAS—390 Lungren, Daniel Radanovich Udall (CO) E. Rahall Udall (NM) Baird Crenshaw Hastings (FL) Aderholt Carney Ferguson Lynch Ramstad Upton Baker Crowley Hastings (WA) Akin Carson Filner Mack Rangel Van Hollen Baldwin Cubin Hayes Alexander Carter Flake Mahoney (FL) Regula Vela´ zquez Barrett (SC) Cuellar Heller Allen Castle Forbes Maloney (NY) Rehberg Visclosky Barrow Culberson Hensarling Altmire Castor Fortenberry Manzullo Reichert Walberg Bartlett (MD) Davis (AL) Herger Andrews Chabot Fossella Marchant Renzi Walden (OR) Bean Davis (CA) Herseth Arcuri Chandler Foxx Markey Reyes Walsh (NY) Becerra Davis (KY) Higgins Baca Clarke Frank (MA) Marshall Reynolds Walz (MN) Berkley Davis, David Hill Bachmann Clay Franks (AZ) Matheson Rodriguez Wamp Berman Davis, Lincoln Hinchey Bachus Cleaver Frelinghuysen Matsui Rogers (AL) Wasserman Berry Davis, Tom Hinojosa Baird Clyburn Gallegly McCarthy (CA) Rogers (KY) Schultz Biggert Deal (GA) Hirono Baker Coble Garrett (NJ) McCarthy (NY) Rogers (MI) Watson Bilbray DeFazio Hobson Baldwin Cohen Gerlach McCaul (TX) Rohrabacher Watt Bilirakis Delahunt Hodes Barrett (SC) Cole (OK) Giffords McCollum (MN) Ros-Lehtinen Waxman Bishop (GA) DeLauro Hoekstra Barrow Conaway Gilchrest McCotter Roskam Weiner Bishop (NY) Dent Holden Bartlett (MD) Conyers Gillibrand McCrery Ross Welch (VT) Bishop (UT) Diaz-Balart, M. Holt Bean Cooper Gillmor McDermott Rothman Weldon (FL) Blackburn Dicks Honda Becerra Costa Gingrey McGovern Roybal-Allard Weller Blumenauer Dingell Hooley Berkley Costello Gohmert McHenry Royce Westmoreland Blunt Doggett Hoyer Berman Courtney Gonzalez McHugh Ruppersberger Wexler Boehner Donnelly Hulshof Berry Cramer Goodlatte McIntyre Ryan (OH) Whitfield Bonner Doolittle Inglis (SC) Biggert Crenshaw Gordon McKeon Ryan (WI) Wicker Boozman Doyle Inslee Bilbray Crowley Granger McMorris Salazar Wilson (NM) Boren Drake Israel Bilirakis Cubin Green, Al Rodgers Sali Wilson (OH) Boswell Dreier Jackson (IL) Bishop (GA) Cuellar Green, Gene McNerney Sa´ nchez, Linda Wilson (SC) Boucher Duncan Jefferson Bishop (NY) Culberson Grijalva McNulty T. Wolf Boustany Ehlers Jindal Bishop (UT) Davis (AL) Gutierrez Melancon Sanchez, Loretta Woolsey Boyd (FL) Ellison Johnson (GA) Blackburn Davis (CA) Hall (NY) Mica Sarbanes Wu Boyda (KS) Ellsworth Johnson (IL) Blumenauer Davis (KY) Hall (TX) Michaud Saxton Wynn Brady (TX) Emanuel Johnson, Sam Blunt Davis, David Hare Millender- Schakowsky Yarmuth Braley (IA) English (PA) Jones (NC) Boehner Davis, Lincoln Harman McDonald Schiff Young (AK) Brown (SC) Eshoo Jordan Bonner Davis, Tom Hastert Miller (FL) Schmidt Young (FL) Brown-Waite, Etheridge Kagen Boozman Deal (GA) Hastings (FL) Ginny Everett Kanjorski Boren DeFazio Hastings (WA) NOT VOTING—43 Buchanan Fallin Kaptur Boswell Delahunt Hayes Abercrombie Fattah Meeks (NY) Burgess Farr Keller Boucher DeLauro Heller Burton (IN) Feeney Kennedy Ackerman Goode Miller (NC) Boustany Dent Hensarling Buyer Ferguson Kildee Barton (TX) Graves Moran (VA) Boyd (FL) Diaz-Balart, M. Herger Calvert Filner Kind Bono Hunter Murtha Boyda (KS) Dicks Herseth Brady (PA) Issa Camp (MI) Flake King (IA) Brady (TX) Dingell Higgins Myrick Campbell (CA) Forbes King (NY) Brown, Corrine Jackson-Lee Neal (MA) Braley (IA) Doggett Hill Butterfield (TX) Cannon Fortenberry Kingston Brown (SC) Donnelly Hinchey Peterson (PA) Cantor Fossella Kirk Cummings Johnson, E. B. Rush Brown-Waite, Doolittle Hinojosa Davis (IL) Jones (OH) Capito Foxx Klein (FL) Slaughter Ginny Doyle Hirono Davis, Jo Ann Kilpatrick Capps Frank (MA) Kline (MN) Stark Buchanan Drake Hobson DeGette Lantos Capuano Franks (AZ) Knollenberg Tauscher Burgess Dreier Hodes Diaz-Balart, L. Larson (CT) Cardoza Frelinghuysen Kucinich Burton (IN) Duncan Hoekstra Edwards LaTourette Tiahrt Carnahan Gallegly Kuhl (NY) Buyer Ehlers Holden Emerson Meehan Towns Carney Garrett (NJ) LaHood Calvert Ellison Holt Engel Meek (FL) Waters Carson Gerlach Lamborn Camp (MI) Ellsworth Honda Carter Giffords Lampson Campbell (CA) Emanuel Hooley b 1901 Castle Gilchrest Langevin Cannon English (PA) Hoyer Castor Gillibrand Larsen (WA) Cantor Eshoo Hulshof So (two-thirds being in the affirma- Chabot Gillmor Latham Capito Etheridge Inglis (SC) tive) the rules were suspended and the Chandler Gingrey Lee Capps Everett Inslee bill was passed. Clarke Gohmert Levin Capuano Fallin Israel Clay Gonzalez Lewis (CA) Cardoza Farr Jackson (IL) The result of the vote was announced Cleaver Goodlatte Lewis (GA) Carnahan Feeney Jefferson as above recorded. Clyburn Gordon Lewis (KY)

VerDate Aug 31 2005 03:38 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.034 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE March 5, 2007 CONGRESSIONAL RECORD — HOUSE H2139 Linder Pascrell Sherman Nos. 119 and 120 due to a family medical by the Transportation and Infrastruc- Lipinski Pastor Shimkus LoBiondo Paul Shuler matter. ture Committee. The bills are posted Loebsack Payne Shuster Had I been present, I would have voted: on the Rules Committee Web site. Lofgren, Zoe Pearce Simpson ‘‘Yea’’ on rollcall vote No. 119 on motion to Amendments should be drafted by Leg- Lowey Pence Sires suspend the rules and pass H.R. 995, a bill to islative Counsel and also should be re- Lucas Perlmutter Skelton Lungren, Daniel Peterson (MN) Smith (NE) amend Public Law 106–348 to extend the au- viewed by the Office of the Parliamen- E. Petri Smith (NJ) thorization for establishing a memorial in the tarian to be sure that amendments Lynch Pickering Smith (TX) District of Columbia or its environs to honor comply with the rules of the House. Mack Pitts Smith (WA) Mahoney (FL) Platts Snyder veterans who became disabled while serving Members are also strongly encouraged Maloney (NY) Poe Solis in the Armed Forces of the United States; to submit their amendments to the Manzullo Pomeroy Souder ‘‘yea’’ on rollcall vote No. 120 on passage of Congressional Budget Office for anal- Marchant Porter Space H.R. 497, the Brigadier General Francis Mar- ysis regarding possible PAYGO viola- Markey Price (GA) Spratt Marshall Price (NC) Stearns ion Memorial Act of 2007. tions. In addition, Mr. Speaker, the Rules Matheson Pryce (OH) Stupak f Matsui Putnam Sullivan Committee intends to meet this week McCarthy (CA) Radanovich Sutton PERSONAL EXPLANATION to report a rule that could limit the McCarthy (NY) Rahall Tancredo McCaul (TX) Ramstad Tanner Ms. KILPATRICK. Mr. Speaker, due to offi- amendment process on H.R. 720, the McCollum (MN) Rangel Taylor cial business I was unable to vote on Monday, Water Quality Financing Act of 2007. McCotter Regula Terry March 5, 2007. Had I been present, I would Members who wish to offer an amend- McCrery Rehberg Thompson (CA) ment to this bill should submit 55 cop- McDermott Reichert Thompson (MS) have voted ‘‘yea’’ on Final Passage of H.R. McGovern Renzi Thornberry 995, To Amend Public Law 106–348 to Extend ies of the amendment and a brief de- McHenry Reyes Tiberi the Authorization for Establishing a Memorial scription of the amendment to the McHugh Reynolds Tierney Rules Committee in H–312 in the Cap- McIntyre Rodriguez Turner in the District of Columbia or Its Environs to McKeon Rogers (AL) Udall (CO) Honor Veterans Who Became Disabled While itol no later than 12 noon on Wednes- McMorris Rogers (KY) Udall (NM) Serving in the Armed Forces of the United day, March 7. Rodgers Rogers (MI) Upton Amendments must be drafted to the States, and ‘‘yea’’ on Final Passage on H.R. McNerney Rohrabacher Van Hollen bill as ordered reported on March 1 by McNulty Ros-Lehtinen Vela´ zquez 497, the Brigadier General Francis Marion Me- the Committee on Transportation and Meehan Roskam Visclosky morial Act of 2007. Melancon Ross Walberg Infrastructure. A copy of that bill will Mica Rothman Walden (OR) f be posted on the Web site of the Rules Michaud Roybal-Allard Walsh (NY) Millender- Royce Walz (MN) REPORT ON RESOLUTION PRO- Committee. Amendments should be McDonald Ruppersberger Wamp VIDING FOR EXPENSES OF CER- drafted by Legislative Counsel and also Miller (FL) Ryan (OH) Wasserman TAIN COMMITTEES OF HOUSE OF should be reviewed by the Office of the Miller (MI) Ryan (WI) Schultz Parliamentarian to be sure that Miller, Gary Salazar Watson REPRESENTATIVES IN 110TH Miller, George Sali Watt CONGRESS amendments comply with the rules of Mitchell Sa´ nchez, Linda Waxman the House. Members are also strongly Mollohan T. Weiner Ms. MILLENDER-MCDONALD, from encouraged to submit their amend- Moore (KS) Sanchez, Loretta Welch (VT) the Committee on House Administra- Moore (WI) Sarbanes Weldon (FL) ments to the Congressional Budget Of- tion, submitted a privileged report fice for analysis regarding possible Moran (KS) Saxton Weller (Rept. No. 110–29) on the resolution (H. Murphy (CT) Schakowsky Wexler PAYGO violations. Murphy, Patrick Schiff Whitfield Res. 202) providing for the expenses of Murphy, Tim Schmidt Wicker certain committees of the House of f Musgrave Schwartz Wilson (NM) Representatives in the One Hundred b 1915 Nadler Scott (GA) Wilson (OH) Napolitano Scott (VA) Wilson (SC) Tenth Congress, which was referred to TEXAS INDEPENDENCE DAY Neugebauer Sensenbrenner Wolf the House Calendar and ordered to be Nunes Serrano Woolsey printed. (Mr. GENE GREEN of Texas asked Oberstar Sessions Wu and was given permission to address Obey Sestak Wynn f the House for 1 minute and to revise Olver Shadegg Yarmuth Ortiz Shays Young (AK) AMENDMENT PROCESS FOR CON- and extend his remarks.) Pallone Shea-Porter Young (FL) SIDERATION OF H.R. 700, Mr. GENE GREEN of Texas. Mr. Speaker, last Friday, March 2, 2007, NOT VOTING—43 HEALTHY COMMUNITIES WATER SUPPLY ACT; H.R. 569, WATER marked Texas Independence Day. 171 Abercrombie Fattah Miller (NC) years ago that day the Texas Declara- Ackerman Goode Moran (VA) QUALITY INVESTMENT ACT; AND Barton (TX) Graves Murtha H.R. 720, WATER QUALITY FI- tion of Independence was ratified by Bono Hunter Myrick NANCING ACT OF 2007 the Convention of 1836 at Washington- Brady (PA) Issa Neal (MA) on-the-Brazos in Texas. Brown, Corrine Jackson-Lee Peterson (PA) (Mr. HASTINGS of Florida asked and Butterfield (TX) The Texas Declaration of Independ- Rush was given permission to address the ence was produced literally overnight. Cummings Johnson, E. B. Slaughter Davis (IL) Jones (OH) House for 1 minute.) Stark Its urgency was paramount because Davis, Jo Ann Kilpatrick Tauscher Mr. HASTINGS of Florida. Mr. while it was being prepared, the Alamo DeGette Lantos Tiahrt Speaker, the Rules Committee intends Diaz-Balart, L. Larson (CT) in San Antonio was under siege by Edwards LaTourette Towns to meet Tuesday, March 6, to report Santa Anna’s army of Mexico. Emerson Meek (FL) Waters rules for floor consideration of H.R. Immediately upon the assemblage of Westmoreland Engel Meeks (NY) 569, the Water Quality Investment Act; the Convention of 1836 on March 1, a b 1912 and H.R. 700, the Healthy Communities committee of five delegates were ap- Water Supply Act. It is anticipated pointed to draft the document. The So (two-thirds being in the affirma- that the rules will require that amend- committee consisted of George C. tive) the rules were suspended and the ments be preprinted in the CONGRES- Childress, Edward Conrad, James bill was passed. SIONAL RECORD prior to their consider- Gaines, Bailey Hardeman, and Colin The result of the vote was announced ation. McKinney. It was briefly reviewed then as above recorded. Members who wish to offer an amend- adopted by the delegates the following A motion to reconsider was laid on ment must preprint their amendments day. the table. in the CONGRESSIONAL RECORD by the It started off echoing the lines of the f close of business Tuesday, March 6, to American counterpart with the words: ensure that their amendments are ‘‘When a government has ceased to pro- PERSONAL EXPLANATION printed prior to consideration of the tect the lives and liberty and property Mr. LARSON of Connecticut. Mr. Speaker, I bill on the House floor. of the people . . . ’’ regret that I could not be present today, Mon- Amendments should be drafted to the It spoke of numerous injustices in- day, March 5, 2007 to vote on rollcall vote text of H.R. 569 or H.R. 700 as reported flicted upon the people of the State,

VerDate Aug 31 2005 03:38 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A05MR7.022 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE H2140 CONGRESSIONAL RECORD — HOUSE March 5, 2007 then known as Coahuila y Tejas: the bring some peace to the ravaged region know why our government is on the elimination of the State’s legislative of northern Uganda. Specifically, it wrong side of this case. Over the past 6 body; the denial of religious freedom; calls on the Government of Uganda and months, Members of Congress have re- the elimination of the civil justice sys- the so-called Lord’s Resistance Army peatedly petitioned President Bush to tem; and the confiscation of firearms, to recommit to a political solution to pardon these agents. which was one particularly intolerable the conflict in northern Uganda and to Since the agents’ conviction, new de- act among Texans. recommence peace talks that are vital. tails continue to emerge that call into Finally, it stated that because of the injustice It also urges immediate and substan- question the prosecution and the out- of Santa Anna’s tyrannical government, Tex- tial support for the ongoing peace proc- come of this case. Recently, I sent a ans were severing their connection with the ess from the United States and the letter to the President detailing the Mexican nation and declaring themselves ‘‘a international community. troubling revelations that the prosecu- free, sovereign, and independent republic . . . Mr. Speaker, the tragedy in Darfur tors in this case may not have provided fully invested with all the rights and attributes’’ rightfully has been receiving a great crucial evidence to the defense. This that belong to independent nations; and a dec- deal of attention as of late. But to the evidence includes a Homeland Security laration that they ‘‘fearlessly and confidently’’ southeast of that region, another trag- memo that states two supervisors at committed their decision to ‘‘the Supreme Ar- edy has been developing for nearly two the scene knew about the shooting, but biter of the destinies of nations.’’ decades. More than 200,000 Ugandans failed to report it. This contradicts the Mr. Speaker, I hope that Congress and this have died from the violence and disease prosecution’s claim that the agents whole country join all Texans in honoring brought about by the conflict between knew they did something wrong and these brave men who stood up for liberty and the Ugandan Government and the LRA. tried to cover up the shooting. freedom 171 years ago. What is particularly disgusting about Since then, Drug Enforcement Agen- f this conflict is the forced recruitment cy, DEA, reports have also revealed of children by LRA. The boys are that the Mexican drug smuggler MORROW COUNTY ROADS AND turned into killing machines and the brought a second load of 752 pounds of ACCESS TO PUBLIC LANDS girls into sex slaves. marijuana, but the prosecutors suc- (Mr. WALDEN of Oregon asked and Former U.N. Under Secretary Gen- ceeded in keeping this information was given permission to address the eral Jan Egeland has called the crisis sealed from the jury and the public. House for 1 minute and to revise and in northern Uganda the biggest forgot- Citizens across this country and extend his remarks.) ten humanitarian emergency in the Members of Congress want to know Mr. WALDEN of Oregon. Mr. Speak- world today. why does the U.S. Attorney’s Office in er, the failure of Congress to reauthor- f western Texas choose to go after law ize the Secure Rural Schools and Com- enforcement officers while protecting SPECIAL ORDERS munity Self-Determination Act is a illegal aliens who commit crimes in breach of faith to more than 600 for- The SPEAKER pro tempore (Mr. this great Nation. ested counties and 4,400 school districts WELCH of Vermont). Under the Speak- Mr. Speaker, every day that these across our great country. er’s announced policy of January 18, men remain behind bars is a travesty There are more than 400 miles of 2007, and under a previous order of the of justice. Because the President has so paved road in Morrow County, Oregon, House, the following Members will be far refused to stand up for justice in where every county road leads to a na- recognized for 5 minutes each. this case, last month Agent Ramos was tional forest. Loss of this program and f assaulted in prison. funds means no portion of any paved But, Mr. Speaker, the President has FORMER U.S. BORDER PATROL road will be replaced and basic mainte- the power to immediately reverse this AGENTS RAMOS AND COMPEAN nance will stop. One of the most expen- injustice by granting a pardon to these sive roads for the county to maintain The SPEAKER pro tempore. Under a two innocent men. runs through the Umatilla National previous order of the House, the gen- And, Mr. Speaker, before I close, I Forest and is a designated scenic tleman from North Carolina (Mr. want to say that the American people byway. JONES) is recognized for 5 minutes. have rallied behind these two Border Without county payments, people Mr. JONES of North Carolina. Mr. agents who are heroes in this country, won’t be able to safely access their Speaker, today is the 48th day since a not criminals. And it is time that this public lands, and the hope of a new out- great injustice took place in this coun- White House wake up and listen to the door recreation economy to replace the try. On January 17 of 2007, two U.S. American people. lost timber jobs goes unfulfilled. Border Patrol agents entered Federal f County Public Works Director Burke prison to begin serving 11- and 12-year O’Brien says: ‘‘We are not the ones who sentences respectively. HONORING THOMAS F. EAGLETON stopped our sustainable Federal timber Agents Compean and Ramos were FOR 50 YEARS OF PUBLIC SERVICE harvest. However, now we are being convicted last spring for shooting a The SPEAKER pro tempore. Under a forced to lose even the funds promised Mexican drug smuggler who brought previous order of the House, the gen- to replace the lost forest revenues.’’ 743 pounds of marijuana across our bor- tleman from Missouri (Mr. CARNAHAN) My colleagues, Congress must keep der into Texas. The smuggler’s van is recognized for 5 minutes. the Federal Government’s word and its contained $1 million worth of mari- Mr. CARNAHAN. Mr. Speaker, this promise to the timbered communities. juana. evening I would like to speak about a It is time to get a hearing and a mark- These agents never should have been true statesman that we have lost in our up and to pass H.R. 17. Time is running prosecuted, but they are now hand- country and in my home State of Mis- out for forested timber communities. cuffed in Federal prison. souri. We lost, over the weekend, f The U.S. Attorney’s Office granted former U.S. Senator Thomas F. Eagle- immunity to the smuggler and pros- ton. Not only was he a true statesman, ANNOUNCEMENT OF UGANDA ecuted the agents almost exclusively but he had a giant heart, a powerful in- RESOLUTION on the testimony of an admitted drug tellect, and a keen wit. (Mr. JOHNSON of Georgia asked and smuggler who claimed he was unarmed. He leaves behind his wife, Barbara, was given permission to address the The drug smuggler received full med- whom he married in 1956, two children, House for 1 minute.) ical care in El Paso, Texas, was person Terence and daughter Christie, Mr. JOHNSON of Georgia. Mr. Speak- mitted to return to Mexico, and is now three grandchildren and a brother. er, I rise today to bring attention to suing the Border Patrol for $5 million Not long ago, friends gathered in St. the dire situation in Africa that does for violating his civil rights. Louis and celebrated 50 years since not receive the attention it deserves. Mr. Speaker, he is not an American Senator Eagleton had entered public Today, along with Senator RUSS citizen. He is a criminal. service. And he had many chapters in FEINGOLD, I introduced a concurrent Mr. Speaker, countless citizens and an amazing life. He served his country resolution that I hope will eventually dozens of Members of Congress want to honorably in the United States Navy,

VerDate Aug 31 2005 03:38 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.039 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE March 5, 2007 CONGRESSIONAL RECORD — HOUSE H2141 stationed at the Great Lakes Naval The SPEAKER pro tempore. Under a But it was at Methodist Hospital in Training Center from 1948 to 1949, con- previous order of the House, the gen- Houston where Dr. DeBakey performed tinued on to graduate with honors from tleman from Texas (Mr. POE) is recog- many of his groundbreaking surgeries, Amherst College in 1951 and Harvard nized for 5 minutes. including the first removal of a carotid Law School in 1953. (Mr. POE addressed the House. His artery blockage in 1950, the year that I He was admitted to the Missouri Bar remarks will appear hereafter in the was born; the first coronary artery by- in 1953; proceeded in a series of offices, Extensions of Remarks.) pass graft in 1964; the first use of a ven- beginning, he was elected as the young- f tricular assist device to pump blood est circuit attorney in the city of St. and support a diseased heart in 1966; DR. MICHAEL ELLIS DEBAKEY, FA- Louis in its history at the age of 27. He and some of the first heart transplants THER OF CARDIOVASCULAR SUR- followed that by being elected the in 1968 and 1969. youngest Missouri State attorney gen- GERY He developed the self-contained mineral at the age of 31, and the youngest The SPEAKER pro tempore. Under a iaturized left ventricular assist device Lieutenant Governor of the State of previous order of the House, the gen- to pump blood for a diseased heart, Missouri by age 35. tleman from Texas (Mr. BURGESS) is something that is in use to this day. He went on and in 1968 was elected to recognized for 5 minutes. The techniques used to miniaturize the the United States Senate representing Mr. BURGESS. Mr. Speaker, I come device’s inner workings were developed Missouri. In his first term in the to the floor of the House tonight to ask with engineers working on the Nation’s United States Senate, at the age of 42, my colleagues to join me in supporting space program at nearby NASA. he was selected by George McGovern to H.R. 1154. This bill designates a Con- He served as an adviser to nearly be his Vice Presidential candidate. And gressional Gold Medal for the famed every United States President for the while he was only that nominee for a Houston heart surgeon, Dr. Michael last 50 years. Think of that, Mr. Speak- few days, and he will be known as such DeBakey. This legislation has been in- er: The medical adviser to every United in history, he went on to serve three troduced by my good friend from Texas States President for the last 50 years, terms in the United States Senate, (Mr. AL GREEN), but I feel it is incum- as well as to heads of state throughout sponsoring legislation, varied, but of bent upon me, as one of the physicians the world. He traveled, famously, to great importance to our country, the of the House of Representatives, to Russia in 1996 to consult on the surgery Clean Air and Clean Water Acts, an come to the floor and talk about how for Russian President Boris Yeltsin. amendment which halted the U.S. in- important this award is for this indi- During his professional surgical ca- volvement in the Vietnam War, and as vidual because, truly, Dr. Michael reer, he performed more than 60,000 the chief author of the Federal War DeBakey changed the face of medicine cardiovascular procedures and trained Powers Act that limits the authority forever in this country. His motto, as thousands of surgeons who practice of the President to conduct war with- always, was, ‘‘Strive for nothing less around the world. His name is affixed out congressional approval. than excellence,’’ a motto that we to a number of organizations, centers After an amazing career in public might adopt in the House of Represent- for learning and projects devoted to service, he came home to St. Louis, atives today. medical education and health edu- and there he gave back to his commu- Dr. DeBakey received his bachelor’s cation for the general public. nity, to new generations of people to and his M.D. degree from Tulane Uni- But think of this, Mr. Speaker, Dr. encourage them in public service, to versity in New Orleans. While in med- DeBakey also underwent an operation new generations of students. He was a ical school, Dr. DeBakey invented what that was named for him. I picked up a professor at Washington University in became known as the roller pump, copy of the New York Times last De- St. Louis and St. Louis University later to become a major component in cember and read a story about how Dr. where he shared his vast knowledge the heart-lung machine used in open- DeBakey had undergone the surgery and experience with young people who heart surgery. This was a that he himself had described many will be our leaders of tomorrow. groundbreaking development because years before. In fact, Dr. DeBakey ad- To others in public service, myself, I previous mechanical pumps had de- mitted at that time that, although he am fortunate to say, included, he was a stroyed so many red blood cells in the knew he was ill, he never called his great mentor, example and friend. He mechanical action of pumping. The own doctor, and he never called 911. never failed to promote the people and roller pump was truly a visionary Quoting here, ‘‘if it becomes intense the notions that he felt strongly about. change that Dr. DeBakey popularized enough, you’re perfectly willing to ac- In his private life in St. Louis, he was when he was still in medical school in cept cardiac arrest as a possible way of well known for acting with regard to the 1930s. getting rid of the pain,’’ he told the the civic good and giving back to his He completed his internship at Char- New York Times. A wonderful, prag- community. He worked to bring the St. ity Hospital in New Orleans. Charity matic individual. Louis Rams to St. Louis, and recently, Hospital, unfortunately, is no longer He helped establish the National Li- in the 2006 elections, was a chief advo- with us because of the ravages of Hur- brary of Medicine, which is now the cate for Missouri’s amendment to the ricane Katrina. Dr. DeBakey completed world’s largest and most prestigious re- Stem Cell Initiative which passed by a his residency in surgery at the Univer- pository for medical archives. vote of the people. sity of Strasbourg, France and the Uni- Mr. Speaker, as we talk in this Con- versity of Heidelberg in Germany. gress about the need for improving the b 1930 He volunteered for service in World computer technology for medical In downtown St. Louis, our new Fed- War II and subsequently was named di- records and medical information, Dr. eral courthouse is named after Senator rector of the Surgical Consultants’ Di- DeBakey was on the forefront of that Eagleton. It towers in our downtown vision of the U.S. Surgeon General’s while most of us were still in grammar just west of the famous St. Louis Arch. Office. His work during that war led school. Thomas Eagleton’s career and life tow- that office to the development of the In 1969, he received the highest honor ers in our country as a great example Mobile Army Surgical Hospital, so- a United States citizen can receive: the for all of us, whether we are involved in called MASH units, those indeed that Presidential Medal of Freedom with public service or not. were popularized by movies and tele- Distinction. In 1976, his students found- He was legendary for writing lengthy vision shows back in the 1970s and were ed Michael E. DeBakey International notes to people. I will treasure those the forerunners of our forward surgical Surgical Society. notes that he has sent to me; those combat teams that have saved so many His contributions to medicine and his notes, that advice, that wise counsel lives in Iraq and Afghanistan today. breakthrough surgeries and innovative that he shared with so many. He helped establish the specialized devices have completely transformed The impact that he has had on young medical and surgical center system for our view of the human body and its people, their leadership for the future treating military personnel returning longevity on this planet. At age 98, he and what he has given to our great home from war, subsequently known as deserves the highest award that Con- State and our country, he will be sore- the Veterans’ Administration Medical gress can bestow: the Congressional ly missed but very well remembered. Center System. Gold Medal.

VerDate Aug 31 2005 03:38 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.041 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE H2142 CONGRESSIONAL RECORD — HOUSE March 5, 2007 I urge my colleagues to join me in co- traumatic head injuries, and he was (Mr. DREIER addressed the House. sponsoring H.R. 1154, introduced by AL left partially paralyzed. We were His remarks will appear hereafter in GREEN of Texas. lucky. His mom was a nurse. She knew the Extensions of Remarks.) f how to go through the system. He was f also lucky that I had training in phys- WALTER REED The SPEAKER pro tempore. Under a ical therapy. People understand, he previous order of the House, the gen- The SPEAKER pro tempore. Under a was only 26 at that time, as many of tleman from Oregon (Mr. DEFAZIO) is previous order of the House, the gentle- our soldiers that are injured. They recognized for 5 minutes. C AR woman from New York (Mrs. M C - don’t need just 3 hours of physical (Mr. DEFAZIO addressed the House. THY) is recognized for 5 minutes. therapy a day; they need 4 in the morn- His remarks will appear hereafter in Mrs. MCCARTHY of New York. Mr. ing, 4 in the afternoon, and then they the Extensions of Remarks.) Speaker, I rise today to talk about the need their families around them to f conditions that we have been hearing take care of them in the evening time. about on the care of our veterans at The SPEAKER pro tempore. Under a It is hard. It is difficult work. But I previous order of the House, the gen- Walter Reed Outpatient Care. know our young men and women are Walter Reed is the first stop for tleman from Indiana (Mr. BURTON) is able to do this. The families need to be recognized for 5 minutes. many of our brave men and women re- trained on how to work with their chil- turning from Iraq. These soldiers (Mr. BURTON of Indiana addressed dren that have head trauma. the House. His remarks will appear risked their lives defending this great But, again, it is up to us here in Con- Nation. They have lost friends in com- hereafter in the Extensions of Re- gress, and I know there are hearings, marks.) bat, and they have seen countless com- but we must come up with answers on rades lose limbs and suffer horrible giving the treatment to these veterans f wounds. They expect no reward in re- with head injuries and to all our vet- The SPEAKER pro tempore. Under a turn for their bravery. erans that go through Walter Reed. previous order of the House, the gentle- Unfortunately, the treatment they You cannot expect someone to go woman from the District of Columbia have received when entering the out- onto the campus and think that they (Ms. NORTON) is recognized for 5 min- patient care is substandard. Conditions are going to remember that they have utes. at Walter Reed Building 18, even an appointment the next day. You (Ms. NORTON addressed the House. though they are being improved today, can’t expect them to understand even Her remarks will appear hereafter in should have never gotten to that condi- sometimes where they are at that par- the Extensions of Remarks.) tion. ticular moment. f We have all read reports on the mat- This has been treatment that we The SPEAKER pro tempore. Under a ter; so I will not go into all of the de- know how to give, and why we haven’t previous order of the House, the gentle- tails. given it to them I do not understand. woman from Florida (Ms. GINNY Mr. Speaker, if these conditions ex- I know that Walter Reed is one of the BROWN-WAITE) is recognized for 5 min- isted in the public, the authorities best hospitals in the Nation, as long as utes. would have quickly been notified. How- you are in the hospital. But when you (Ms. GINNY BROWN-WAITE of Flor- ever, the mismanagement of care does come out, that is where we are losing ida addressed the House. Her remarks not end with Building 18. Many of our our veterans through the cracks. It is will appear hereafter in the Extensions veterans are lost in the system once unacceptable, and we in Congress have of Remarks.) they are transferred to the outpatient a responsibility to make sure it doesn’t f care. Case files are being lost. Head happen. THE COUNTDOWN CREW: COUNT- trauma victims are not receiving the During the Vietnam War, our mili- level of managed care they require. DOWN TO THE TAX INCREASE BY tary came home, and, unfortunately, THE DEMOCRATIC MAJORITY Non-English-speaking families are left we did not honor them the way they to navigate through the red tape that should have been honored. I thought we The SPEAKER pro tempore. Under exists at Walter Reed and, I am sure, had learned our lesson. the Speaker’s announced policy of Jan- many other veterans’ hospitals. The brave young men and women uary 18, 2007, the gentleman from The management at Walter Reed is representing this country have done a Pennsylvania (Mr. SHUSTER) is recog- directly responsible for these condi- wonderful job, and for us to even let nized for 60 minutes as the designee of tions, and I know those are changing down any kind of health care treat- the minority leader. now. But, again, we must make sure ment for them is a black mark on this Mr. SHUSTER. Mr. Speaker, we have this does not happen again. Congress and certainly on us, the come to the floor tonight again, my Congress has the ability to improve United States of America. colleagues and I, to talk about some- the situation for our new veterans. We I know the President has put a com- thing that is of great concern to us, are all aware of the benefits of health mission in place. I have been around great concern to the American people. information technology. Health IT al- here long enough to know, enough And that is that, in just 1,398 days, lows patients to move throughout the commissions. We need action. We can there will be one of the largest tax in- health care system in an easy manner. do it. That is what we are very good at, creases in American history, over $200 If Health IT was implemented at Wal- getting down to the bottom of it and billion, and that is going to occur if the ter Reed, our veterans would be able to putting in action. We can’t have these majority party does not extend the tax move from inpatient to outpatient care veterans wait any longer. cuts that the Republicans put in place without the fear that their records Let me say this: Every day, Members in 2001, 2003 and extended some of them would be lost. The benefits our vet- of Congress get on the floor and say in the last Congress. erans would receive if health IT is im- what a wonderful job our men and But that is going to happen. This plemented far outreach the cost of the women are doing. Every day we honor huge tax increase is going to occur in system. them. And yet all of us have let them America. And the Democrats don’t Many of our Iraqi veterans are com- down. That is not acceptable. I hope have to do anything but run out the ing home with head injuries. Roadside that we will do better in the future. clock. If they sit on their hands, sit on bombs and IEDs are responsible for this The future has to be now. The time has the ball, we will see, in 1,398 days, as I increase. These veterans require con- to be now. We cannot wait 2 to 3 to 4 said, one of the largest tax increases stant care and supervision. Many of months for a commission report. that the American people will have them have lost cognitive abilities. In ever experienced. some of the worst cases, veterans are f Some of my colleagues on the other barely aware of their surroundings. The SPEAKER pro tempore. Under a side have talked about the change that Let me say this: I know a lot about previous order of the House, the gen- took place in this body, and there was head injuries. Going back 13 years ago, tleman from California (Mr. DREIER) is a change. But I don’t know anybody in my son was shot in the head, received recognized for 5 minutes. America, nobody that I talk to in the

VerDate Aug 31 2005 05:24 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.044 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE March 5, 2007 CONGRESSIONAL RECORD — HOUSE H2143 Ninth Congressional District of Penn- said it very clearly in their campaign For those who have just joined us, sylvania or across Pennsylvania, that rhetoric in 2006, that the leader of the you have joined the Countdown Crew. voted to see their taxes get increased. Ways and Means Committee, the new You can join us at Over the last several months, over chairman, has said time and time again [email protected]. We the last few years, several years actu- during that campaign election that he have gotten thousands of e-mails from ally, we have seen this economy move didn’t know of any of President Bush’s around the United States based on the forward creating jobs. In fact, over the or the Republican tax cuts that deserve first few evenings that we have been last 4 years, this economy has created to be extended. talking about the impact of positive, 7.2 million jobs. One of the first things they did when progressive, pro-growth economic poli- they became the majority party is they b 1945 cies that allow working families to made it easier, not harder, but made it keep more of what they own and create It is because of those tax cuts that easier to raise your taxes. When the incentives for small businesses. we put in place. The unemployment Republicans controlled the House, we As we go into the time right now, the rate in America is at 4.6 percent. It is made it the rules of the House that you reason we are called the Countdown the lowest average unemployment rate couldn’t raise taxes unless you had a Crew is because of the fact that unless in the four decades that we have expe- three-fifths vote in the House to raise legislation is passed to extend the tax rienced over the last three or four taxes. One of the first things the Demo- cuts that have been so bountiful and so years. crats did was to make it easier. They beneficial to the American people, to Once again, if we don’t extend these decreased it to a simple majority to the United States economy, in creating tax cuts, the American people are raise your taxes. millions of jobs, those tax cuts will ex- going to see more of their hard-earned They put in place PAYGO. It should pire at the end of 2010 and every work- dollars being sent off to Washington. If actually be PAYTAXGO, because it is ing family in the United States is you look at a family of four that going to make it easier for them. They going to receive a tax increase. makes $40,000 or so combined income, are not going to touch any existing And 1,398 days from now, there will has two kids in their family, if we programs, but on new spending they be a tax increase on every working don’t extend these tax cuts, if the ma- are going to have to offset any new family. A family of four making be- jority party, the Democrats in Con- spending; and the way to offset that, tween $30,000 and $50,000 a year will gress, don’t extend these tax cuts, peo- the easiest way, is to increase taxes. I have a $2,092 tax increase imposed upon ple in that income range are going to believe, as I believe many Americans them. That doesn’t come with addi- see an increase of about $2,000 or $2,200 believe, that that is what is going to tional legislation being passed. In fact, a year. happen. the chairman of the Ways and Means Some in this body may think that is The American people need to know Committee, the gentleman from New not a lot of money, but I know to the this. We hope that people are tuning in York, has said that he is not going to hardworking people in central Pennsyl- and listening to us as we talk about introduce any tax legislation to extend vania that earn $40,000 in income, $2,200 this. We call ourselves the Countdown those tax cuts and they will expire. So is a lot of money. You can take that Crew. We are 1,398 days away from this for everybody watching tonight, your money and that is a nice down pay- huge tax increase unless the American tax bill is going to go up by a minimum ment on a car. You can buy a new people speak up, unless the American of $2,000. washer and dryer machine. You can people talk to their elected officials When you think about what that save that money for college for your and say they are not going to stand for means, let’s look at the other side, the children. If you take that $2,000 or a tax increase. positive side of the Republican policy, $2,200 a year over the next 10 years and We have created a Web site, and we the conservative policy of allowing invest it in a mutual fund returning would love for you to e-mail us and let people to keep more of what they earn. about 5 percent income, that would us know, give us your story of how the First, by keeping more of what you grow to $30,000 in the next 10 years. tax cuts, whichever one, whether it was earn, it is invested in causes that are That is a significant amount of money the child tax credit, or the accelerated important for you, whether it is put to send your child off to one of the depreciation, dividend tax cuts, the into your home, whether it is put into higher education institutions in our death tax, which one of these tax cuts your family, whether it is saved for country. has benefited you. We would like to education, whether it is invested in a I think that the majority party hear your story so we can talk about new car, in clothing. We can think ought to take a lesson from one of it. about any wide variety of issues, but their own. Back in the 1960s when There are millions and millions of those are the dollars that fuel the President Kennedy came into office, he Americans out there, young and old, economy. cut taxes. What happened was that the low and medium income, that have I believe very firmly we see it in the economy grew and revenues to the gov- benefited by these tax cuts. Our Web numbers, that when people are allowed ernment grew. We look back at history site, I guess it is our e-mail, is to keep their own money in the after- to President Ronald Reagan in the [email protected]. Once math of the 9/11 attacks by extending 1980s. He did the same thing. He cut the again, there are some stories tonight. those cuts in a time of war, that we tax rates. The economy grew, it cre- Later on in the evening we will be have seen unprecedented economic ated jobs, and, lo and behold, more rev- sharing with you that people around growth take place in this country and enues flowed into the Federal Govern- the country have sent us e-mails about a recovery that shows right now indus- ment. how important these tax cuts are to trial productivity, our manufacturing That is again what we did in 2001 and them and how detrimental it will be to productivity in the United States, is at 2003. We cut taxes, and history has re- their small business or their family or an all-time record high, which is an peated itself. This economy is one of communities across America. amazing thing as the United States the strongest economies in U.S. his- I am pleased to be joined tonight by economy continues to churn along. In tory. We are getting record levels of one of my colleagues from Kentucky, fact, the growth that has taken place revenue coming into the government. Mr. DAVIS. I yield to Mr. DAVIS to talk in the United States economy in the So what we need to do is to continue to about some of these issues tonight. last 3 years is greater than the entire keep those tax rates low, extend those Mr. DAVIS of Kentucky. Thank you, economic output of China, which is the tax cuts. BILL. I appreciate the leadership you largest potential economic competitor Unfortunately for the American peo- have taken on this issue. The one thing to us in the long run. ple, and that is one of the reasons we that our group is consistent in is all of The reason that I share this is become to the floor on a weekly basis and us have come from the small business cause it has made a difference in the talk about this, to make sure we bring world. All of us have come from that lives of ordinary people. When folks are the attention to the American people, arena that creates the jobs in America, allowed to keep more of what they make sure they are aware of what is pursuing a vision, pursuing oppor- earn, they are going to make sure that going to happen, the Democrats, they tunity. those dollars are accomplishing things

VerDate Aug 31 2005 03:41 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.051 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE H2144 CONGRESSIONAL RECORD — HOUSE March 5, 2007 for their family, especially over the a policy that allows people to pay for pass legislation by the end of 2010, long term. college tuition. It allows them to in- every working family in this country is I would like to tell one story as we vest in their children’s future. And for going to have a $2,092 increase. So begin tonight that I think typifies the George Hammond, not only did it ben- many benefits are going away. success that can be seen by allowing efit him, but it benefited all of the em- What we want to do is keep positive people to keep more of their own ployees, now going into a second gen- policies that empower people, create money. As BILL said, this is not a par- eration of employees with three dif- jobs, and create a future. tisan issue. John Kennedy cut taxes ferent business units that are creating With that, I yield back to the gen- and had economic growth take off and jobs, creating a future for folks right tleman. record revenues come into the Treas- there in Boone County and in Kenton b 2000 ury. We have allowed people to keep County, Kentucky. more of what they earned, and what Mr. SHUSTER. How many people Mr. SHUSTER. As soon as next week, happened this past year, record reve- does George employ? the Democratic majority will be intro- nues have come into the United States Mr. DAVIS of Kentucky. It is a typ- ducing their budget. It is my guess Treasury. And the real issue is control- ical small business where he has over that they are going to spell out exactly ling spending, not taking more of peo- 25 employees. how they are going to increase taxes on ple’s hard-earned dollars. Mr. SHUSTER. That is small busi- the American people to pay for that Well, pursuing that vision was some- ness personified, that 25 people. Those budget. They are going to have a thing that BILL SHUSTER has done. It are the kinds of stories that I think we choice. The choice is going to be either was something that I did back in the need to bring out. to continue the tax policies which have early 1990s starting my business, help- Mr. DAVIS of Kentucky. I think the resulted in record job growth, 7.2 mil- ing our manufacturing companies com- one thing that he has experienced, too, lion jobs over the last 4 years, 40 quar- pete and keep their jobs here in the the discussions that we have had when ters of an expanding economy; or they United States. I have taken my F–250 pickup truck in are going to choose to put the brakes One person who I would like to high- or our Chevy Astro van to get worked on the growth of this economy by rais- light tonight, a man who has become on, the one thing we talk about is ing taxes. my friend, but also somebody who pur- health insurance. And I remember as a I am going to predict tonight that if sued that vision himself, was a man small business owner having to deal they decide to choose to raise taxes, named George Hammond. He runs with the issues of the high cost of which all indications lead me to be- Hammond’s Automotive. He started health insurance, dealing with tax poli- lieve they will, the brakes will go on with its first operation in Covington, cies. He has gone the extra mile to help this economy in very short order. Kentucky, over 20 years ago. He took his people, probably similar to some One of the important reforms that we that chance that many Americans take the experiences that you have had. as Republicans made when we were in to pursue the American Dream. Mr. SHUSTER. Absolutely. I didn’t the majority was to reduce the taxes He started off with a mechanics shop. mean to interrupt you, but I just want- on dividends and capital gains. In past The reason that his automotive shop ed to know what size business that was history, dividends and capital gains grew in customers was not by popular and make sure the American people were sort of viewed as only the fat cats advertising, it wasn’t by media, it was know that we are talking about people in society, only the wealthy get to ben- by word of mouth, because the char- in their neighborhoods, in their com- efit by a reduction in taxes on divi- acter of George and all the folks who munities, that employ 25, 30, 50, 100 dends and capital gains. But that is not worked with him demonstrated a desire people and that start from small and the case today. to care for their customers and to turn these enterprises into successful Over 60 percent of the American pop- make a difference, and they got more businesses. In most cases, my experi- ulation is invested into mutual funds business and they grew. They opened a ence has been those small business and the stock market, into various body shop. owners, they are the backbone of the other financial vehicles. It is wide- Suddenly, the things that they began community. They are the ones that spread in the economy who invests and to encounter were the regulatory sys- give to the local little league team. who can benefit from a decrease in the tem that was increasing costs upon They are the ones that contribute to tax on dividends and a cut in the tax them as they were repairing cars. But the hospital and the hospital boards. on capital gains. even with that, he continued to grow They are the ones making sure their Prior to 2003, tax cut dividends were beyond the impact of the regulatory communities are wonderful places to subject to individual income taxes up system, hiring more people. live, or are helping to make sure they to 38.6 percent on top of corporate As a result of the tax policy that has are wonderful places to live. taxes of 35 percent. It was double tax- taken place over the last 6 years, where Mr. DAVIS of Kentucky. I think that ation. The corporations in America people are allowed to keep more of is a great point. George is an institu- that you invested in, if you invested in their own money, unlike sending it to tion in the community. The one thing General Motors or you invested in Wal- bureaucrats in Washington, D.C., where is that his attitude toward service has Mart and they made a profit, they got we may not know how it is going to be spiraled down to his employees, to hit with a 35 percent tax increase, and spent, George took that and he rein- their vendors, and that kind of dedica- then they paid out their dividends to vested it. He reinvested it in his people, tion and devotion is I think not nec- the millions of people from all walks of in training, and most recently opened essarily found in the very large cor- life who invested in those corporations, another business in Burlington, Ken- porations that are out there. It is those and the dividend, it was hit at a tax tucky, moving out into the suburbs small businesses, like you say, that are rate of 38.6 percent or below. Among from Covington where he is reaching connected. developing countries, only Japan has more and more people, all by word of For those folks who are watching, we had higher tax rates on investment in- mouth, and there a following that is invited you to join the Countdown come than us. going with that. Crew. You can contact us at In 2003, the top individual tax rate on But I don’t know what would have [email protected]. We dividends was cut by more than half happened to George Hammond if he did encourage you to tell us your stories, down to 15 percent. Starting next year, not have that flexibility, if he had the your thoughts, your desires for policy. there will be no dividend tax at all for tax increase that is coming down the In particular, what we are seeing lower income Americans which is abso- road at the end of 2010, in 1,398 days. He over and over again in hundreds and lutely essential to continue growth in probably wouldn’t have had that oppor- hundreds and hundreds of messages this economy. tunity to grow his business and create that are shared back to us is the im- In addition, capital gains tax in- that opportunity. pact of a positive economic policy that creased, with the top rates on long- But instead of raising taxes, we have allows people to keep more of what term capital gains dropping from 20 created taxpayers with this policy. they earn. What we have coming, if we and 10 percent down to 15 and 5 per- This is a family-friendly policy. That is don’t take action, if the House doesn’t cent. The 5 percent rate will drop to

VerDate Aug 31 2005 03:41 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.053 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE March 5, 2007 CONGRESSIONAL RECORD — HOUSE H2145 zero next year for those in the bottom Those are the words of a senior who the expediency of institutional inves- two tax brackets. Again, for families in is certainly involved in the fight to tors on Wall Street or other creditors, the middle and lower income that have continue to keep these tax rates low, they worked with their creditors and investments, they are not going to be to see that the tax rates are extended all of their vendors not only to keep taxed on those types of investments, or so that in just 1,398 days, which will be the airline going at a world class level, it is going to be significantly de- January 1, 2011, which is a short period but to make sure that they kept their creased. of time away, we will see this $200 bil- benefits and pension plans in place for Those lower tax rates have promoted lion tax increase, and it is going to cut their employees. a strong and growing economy, and has across all income spectrums, from low The commitment of the employees created 7.2 million new jobs. Our job income to high income. have been so great through all of this. creation in the last 4 years is greater These folks are going to have to send Many of them have made tremendous than the European Union and the Japa- more of their money to the Federal sacrifices. The one thing I can see is nese economy combined. This has been Government and not be able to put it that these employees who are making an economy that has grown strong and back in the economy, creating jobs in 40 percent or less than what they were created millions and millions of jobs. the most efficient way that an econ- making 1 year ago, 2 years ago, are Again, if the Democrats fail to ex- omy can create jobs. now suddenly faced with not only hav- tend the tax relief, in 2010, those rates Mr. DAVIS of Kentucky. One thing I ing substantial reduction in their in- will return to where they were before would highlight, a few examples to come to keep their job moving, but, in we lowered them, and the American share just from back in our district, 1,398 days, according to this regressive people are going to experience signifi- and feel free to jump in with your expe- policy, they are going to have an addi- cant tax increases. riences from Pennsylvania, growing up tional $2,092 on average added on top of Because seniors rely on income from in the Ohio Valley and seeing our in- those families. investments, they have benefited dustry having problems competing, I I think it is entirely unreasonable be- greatly from those lower taxes. That is know one of the choices I had when I cause the impact can ripple all of the why it is important. They are one of left high school was to go in the mills way across the economy, not only in the key groups in our economy that or go in the military. I am so glad I terms of demands on those families, have benefited by it. went in the military because when I but the consuming families, some of The Treasury Department has esti- came back years later, those mills were the ways people spend that money, is mated that 8.5 million seniors saved an gone. The environment had changed travel. They travel for business. They average of $1,144 on their 2005 taxes as dramatically, and expectations had buy products from companies that fuel a result of lower rates on dividends and changed dramatically. that business travel economy. One of long-term capital gains. And $1,100 goes The people who are allowed to keep the great gateways to Florida, people a long way towards buying something more of what they earn are going to in- traveling to vacation in the south from new for your home, whether it is a vest it locally and invest it in their different parts of the United States, washer and dryer, or whether it is a family. As our dollars stay in our com- are flying on low-cost fares from Delta senior giving it to their grandchildren munity, there is going to be increased through Cincinnati and other gateways to help them out as they make their opportunity. in the region. And that $2,000 on aver- way in the world and go to college and In northern Kentucky where I live, in age per family will have an impact on try to get an education. Kentucky’s Fourth District, which that aspect of the economy, too. According to the Tax Foundation in runs on the south side of the Ohio an analysis of IRS data, more than half River, right across from Cincinnati, we You might ask, why are you bringing of all taxpayers over the age of 65 re- have one of the largest air hubs in this up? Our economy is so complex, so ceived dividend income in 2004. Over North America, the Cincinnati-North- interconnected, we are so inter- half of the folks over 65 years of age ern Kentucky International Airport. dependent on one another, by having a are receiving dividend income. That is Being in Kentucky, we are very proud significant impact on one side will double the national average for all tax- of the fact that Cincinnati’s airport is eventually have an impact on the other payers. located in the great commonwealth of side. It is kind of an economic but- Seniors also rely upon capital gains Kentucky, but there is a story which terfly effect, not in the extreme like income. That same Tax Foundation re- affects the Tristate area in a profound the proposition in chaos theory, but it port found that while nationally less way that has taken place over the past will create a lot of chaos in our econ- than 13 percent of taxpayers claim cap- couple of years. omy. ital gains income in 2004, that figure Delta Airlines, one of the great flag- Another benefit I will share, I have a cost 30 percent, a third for taxpayers ship carriers of this country, has a very good friend who is head of the between the age of 65 and 74, and more major international hub located there. Manufacturers Association, a com- than 27 percent for those over the age They also have a home grown regional mitted, small business community ex- of 75. Seniors benefit greatly by the carrier, Comair, which started out as a ecutive, named Rick Jordan, who is dividend and capital gains tax cuts. small commuter airline, which has chairman of the board of our Gateway On May 10, 2006, Flora Gramma grown into quite a presence. Technical Community College which Green, a national spokeswoman for the They have gone through a very, very focuses on advanced manufacturing Seniors Coalition, described the impor- tough time over the past several years, and information technology education tance of lower dividend tax rates for since 9/11, dealing with the fluctuations to train our next generation workforce. seniors living on a fixed income. She in fuel prices and the issues of security He is also the president of LSI Indus- said, ‘‘When I planned for my retire- costs, the challenges that have been tries, which does extremely innovative ment, I needed the dividend income faced in the economy turning around. engineering for lighting systems and just to have a secure retirement. I am The tax cuts that have been so bene- retail display systems. One of the com- not wealthy. I worry every day if I will ficial to America’s families that have panies that has been driven by an in- have the money to buy the gas I need created 7 million new jobs, that have crease in consumption in a very literal to get to the doctor, I worry if I will allowed people to keep more of what and physical sense is a big client of have the money I need for proper nurs- they earn, on average between $2,000 theirs, is Dairy Queen. Because people ing care as I get older, and I worry that and $3,000 per family in this country, have had a little more discretionary in- the monthly income I plan for will has had a direct impact on this com- come, they are able to meet their stretch far enough each month to let pany. needs, and they want to take their me pay my bills. The millions of fellow The reason I want to highlight Delta family out for that treat, that ham- seniors who benefit from this tax re- and Comair and all of the businesses in burger, that ice cream. It just doesn’t duction are in the same boat I am in. our region, they have gone to great end there. When they hit the drive- We need this tax break just to continue lengths to sacrifice and do something through and they get that Blizzard for the safe and secure retirement that we different than other airlines have. their kids, then it starts through the planned for.’’ Rather than cutting their pensions for supply change and works its way back.

VerDate Aug 31 2005 03:41 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.054 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE H2146 CONGRESSIONAL RECORD — HOUSE March 5, 2007 LSI, being one of our premier busi- money as they struggle to keep their turing productivity and all-time low nesses in the Cincinnati-North Ken- ambulance and fire service going. unemployment that is remarkable in tucky area, has their employees manu- Those are the kinds of people, small- these times, that we have created 7 facturing all of the signage for all of business owners, that have been in million new jobs. What is going to hap- the Dairy Queens in this competitive business for many, many years, that pen in 1,398 days is a tax increase that environment in the entire country. give back to their community, give will hit the average working family in They won that contract because of the back to their community and give back this country with a $2,092 tax increase, increased growth that has taken place to their community. and that will happen without any legis- when, over the last 4 years, when the b 2015 lation being introduced. full impact of this positive tax policy The way the prior tax cuts were has been felt. Those are the kinds of people and drawn, we would extend them every 2 As we share other stories, I think those are the kinds of communities years. That extension right now ap- those are two, one from manufac- that are penalized with a tax like the pears to not be happening. On behalf of turing, from the leisure industry, from death tax that would cause a business, the Countdown Crew, we would encour- transportation, from the restaurant in- one of the pillars of the community, to age you to write your Member of Con- dustry, which show this connectedness. have to liquidate to raise the money to gress to encourage your Member for Mr. SHUSTER. Mr. Speaker, I don’t send it down here to Washington, to the district that is represented by you want to mention his full name, but I come into the Federal Treasury, and it watching at home to make sure that had a conversation with a gentleman would go out again probably 50 percent those are extended. today who is a local businessman and or 60 percent less of what came in. It More than that, we would like to employs about 120 people in one of my would be less efficient than Harold hear your stories, if you would send to counties back in Pennsylvania. I am being able, or Harold’s family being us [email protected] and just going to call him Harold. I had a able, to give back to the community tell us what you have done with that conversation with Harold on the phone and get the most impact out of a dol- additional money. We have heard sto- today, and it was about the negative lar. ries of folks who have been able to impact of these tax increases if we Again, those are the kinds of people. meet personal needs, start businesses don’t act on them. I had a lunch with a gentleman in a and create jobs. The goal of a construc- As I was talking to Harold, he has similar business as Harold, gentleman tive government policy related to rev- been in business. Actually, his father by the name of Dave I will call him, enue is not to raise taxes, not to create started the business. Harold has been who is the same type of person, started taxes for their own sake, but to create in it for 40 or 50 years. They started out a business, told me about growing up taxpayers to have an empowering pol- with a couple of dump trucks and a on the farm in rural Pennsylvania, say- icy that lets people work, pursue their bull dozer. Today they have a tremen- ing he did not have any money; he did vision, and pursue opportunity in the dous amount of equipment. They are not know any better. But he started long run. an excavating business. They employ out a with a flatbed truck hauling coal Probably one of the most interesting 120 people. But Harold’s wife, Delores, from the coal region of northeastern stories that I can share I think has a just had a health scare, and so Harold Pennsylvania back down to central little bit of humor in it. If we go to a has been looking at the business and Pennsylvania. That is how he got shopping mall in the United States what would happen if he were to pass started, and today he has 200 employ- right now, you can look out and see away. ees, three different businesses, and is there is always a group of kids some- He said, you in Congress need to pass another gentleman who gives back to where in the mall, the Goth group, that the death tax because if you don’t, if I the community again and again and is dressed in black, black shirts, black pass away, it is going to cost his chil- again. shoes, black pants, black hair, black dren millions, up to several millions of That is what we are talking about. garments that they will have on them. dollars in taxes that they are going to That is what makes America great, There is a little secret that I will have to pay in Federal and State tax, coming from a poor farmer to a pros- share with America’s youth and the mainly Federal tax, to keep the busi- perous business owner and a pillar of Goth movement tonight. The color ness. He said, my children won’t have the community. Again, that is what black, the person who owned the pat- access to that kind of cash, so they will makes America great. These are the ent on the color black comes from the have to liquidate the business if I were kinds of people all across this country Fourth District of Kentucky. A bril- to die. we have to make sure that we are not liant chemical energy engineer named There are thousands of stories like penalizing for being successful. Bill Stoeppel some years ago discov- that across America, that we need to I yield back to the gentleman. ered that there was a real problem in make sure that we are extending the Mr. DAVIS of Kentucky. I think you manufacturing waste in paints and in death tax and making sure that small- have hit the nail right on the head dyes for clothing and paint for the business owners like Harold and there, and for those who just joined us, automotive industry. He developed a Delores, if they pass away, that their you are watching the Countdown Crew. unique solution dispersion to carry the children will not have to liquidate a You can contact us at graphite that would be that color business because you have 120 families [email protected]. We black. He named his little company So- that they employ making a good liv- come to the floor the first night of lution Dispersions. He took the idea ing, living in rural Pennsylvania, that every vote to talk about the positive from the experience that he had. He are potentially not going to have jobs impacts of tax policies that let people ended up buying a company that at one if that were to happen. keep more of what they earn, keep point he worked for. He started an- Also, something that I think is im- more of what they own by default, and other facility in this business and it portant, as you mentioned, you were a ultimately create the jobs and create a grew. He had an exclusivity, made a small business owner, and I was a small future for folks here. very, very small profit on processing business owner before I got here. Har- Most folks do not realize that with this graphite for the large coatings and old is the kind of guy in Pennsylvania, the vote that took place, changing the coloring companies that support our he is one of the pillars of the commu- House’s Congress in 2006, put us on the manufacturing industry around the nity. He is the guy that is always con- clock for a tax increase that will come. United States. tributing to the community, giving The chairman of the Ways and Means Right there, in Cynthiana, Kentucky, back, whether he is on the hospital Committee, the tax-writing committee is the headquarters of the color black. board or the economic development in the House, has said that there is no The reason I bring that up is there is board. He is the guy making sure that tax cut that he sees that is worth keep- one person, one man, who has created he is contributing to the local Boy ing. hundreds of jobs in different parts of Scouts, to the Little League, making I think that shows a blindness to the the country and also is fueling a supply sure that the firemen have money, that dramatic economic impacts that have chain at a reduced cost to be able to he is supporting their efforts to raise hit where we are at all-time manufac- compete not only domestically but

VerDate Aug 31 2005 03:41 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.055 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE March 5, 2007 CONGRESSIONAL RECORD — HOUSE H2147 internationally as well, with strong ness. They did not understand the im- come significant parts of their commu- and high-quality products. pact of an estate tax, having a farm in nities, giving back to their commu- He did not just stop there and bury a growing county with appreciating nities. Those are the types of people his money in the ground. The profits real estate values. Because they had that we want to make sure that they that he made he reinvested in his com- gotten some incomplete legal advice, are not penalized, that they are not munity. He was one of the people that they came to find out that they lit- driven out of business because they you had alluded to earlier when you erally were going to have to sell half of have to have some big tax bill when talked about Harold. Well, Bill was one a farm that had been in the family for they pass away, you know, whether it of those pillars of the community that five generations because they wanted is taking that money and investing it worked with the hospital and the to keep farming just to pay the tax into a mutual fund so they can get a school system, was somebody that was bill. I think that flies in the face of nice dividend back and they are not active in the Rotary Club, made sure American values. It flies in the face of overburdened with taxes, whether they that the hospital board had resources creating opportunities. take their company or their business and assets, and he also invested back in Mr. SHUSTER. Absolutely. You or their property and sell it and do not the land, a personal love of his. He was talked earlier about the stories that we have an oppressive capital gains tax. ranching quality, very high quality want to have sent to us, talking about As you mentioned, most Americans grade, again creating more jobs and op- real-life stories out there in America, do not take the money and bury it in portunity and participating in the con- how these tax cuts have helped them or the backyard. They put it back into sumption economy. what they are feeling in the economy the economy. They invest it in a mu- Many of those opportunities literally or what they are feeling about their tual fund. They invest it into another have the chance to go away on Decem- government. You can e-mail us at business or a property that builds ber 31, 2007. When we talk about tax [email protected]. That something, but that money goes back policy, oftentimes there is a misnomer, is [email protected]. into the economy to create jobs and to this class warfare idea, that it is al- I received an e-mail, and I wanted to hopefully when they invest that money ways the super-rich who get off or the read some of it to you. It is from Kent create a return for them so they can rich who get off and do not pay their Berry, who is a small business owner continue to live a good life. burden, that it is always unfairly from Gravel Ridge, Arkansas. I have Again, through my district, there are pushed down on working families and never been to Gravel Ridge, Arkansas. a number of people. I have mentioned on the poor. It is about 15 miles north of Little the name before, a B.C. Stone, another The truth of the matter is with these Rock; and over the past months, Kent one of those operations started out in a tax cuts the ceiling was actually has been watching us. garage. I visited with those folks about moved up. The burden was moved up. Kent says he is swamped by Federal a week or so ago. They started out in a Millions were taken off the tax rolls. A tax regulations which are driving him garage and today with a couple of em- new tax bracket was created for 10 per- down. He goes on further to say: ‘‘More ployees, and today they employ 70 peo- cent which will disappear, a transi- and more I feel that the deck is ple. Their business is prosperous. It is tional tax bracket for those who were stacked against me. I witness so much growing over the last 4 years, and coming into the workforce, who are nonproduction being rewarded with Travis Collins, one of the owners, says moving upward. money which I had to struggle to it is directly because of the various tax There is a $1,000 child tax credit that remit. I’m beginning to feel that the cuts that we put in place. The economy is coming. Just in my family alone, American Dream is an optical illusion. is moving, booming, and so his business when that went from $500, and that was I’m starting to envision the American right along with it. set a long time ago when $500 had a dif- Dream a lot like the carrot and stick. As I mentioned before, he has taken ferent value in the economy than it I keep pressing but it ain’t gettin’ no on an old hotel in my hometown of does now, to $1,000 that made a dif- closer.’’ Everett, Pennsylvania, an over 110- ference. Patty and I have six children. Kent continues: ‘‘I’m no constant ag- year-old hotel, and he is restoring it Right there that is a $3,000 tax increase itator or perpetual malcontent, but I and turning it into a 12-bedroom hotel to my family that will take place at do enjoy C–SPAN and I did hear your e- with a first-rate restaurant in it. By the end of 2010. mail address several times, and I’m doing this, he hopes he is going to The marriage penalty is going to be writing to say that I’m struggling here. make some money, but he really wants restored, and I think practically the ‘‘Government, like a lot of things, is to give back to the community and one thing that we must do is make sure a good thing. But like all good things, this beautiful, small town that he grew that we have policy that is friendly to moderation.’’ up in and this hotel, quite frankly, was families, that encourages jobs, and en- And as Kent points out there, he is dilapidated. He is putting a fresh face courages and strengthens the family. struggling out there because he has got on it, and he is going to try to attract By putting the marriage penalty back a small business. He works hard to people to come into the community, to in place, it actually makes it more earn the money that he earns, and then spend money through tourism. profitable to be single, and I think that he has to turn around and pay a tax Again, these are the kinds of things flies in the face of our American values bill that is bigger than he can probably that happen when you allow people to here. handle. If we do not extend some of keep more of their own money. They You mentioned the estate tax earlier. these tax cuts, the tax bill is going to invest it, they grow their business, It is a pernicious tax that confiscates be even greater for Kent. they try to create jobs and make their money from families once that money I know his story and his feelings are communities better places to live and has already been taxed. It is not the like millions of Americans out there to work. super, super-rich of the world, the Bill that want to make certain that if they Mr. DAVIS of Kentucky. One of the Gateses of the world, the multibillion- are going to invest their capital, if things that relates to that, too, is that aires of the world. They are not the they are going to invest their blood, money just does not end at the per- ones that are going to have to worry sweat and tears into a small enterprise, sonal savings account or even at the about paying that. It is the small busi- that they have the ability to get a re- grocery store, the auto shop or dealer- ness owners who have capital-intensive turn, that they have a ability to save ship, or the Dairy Queen for that mat- businesses. It is going to be farmers, some money, that they have an ability ter, as we mentioned earlier. small manufacturers that have the to make sure that their family lives a There are others who are very, very most dramatic negative effect from little better life than they have. dependent upon the benefits, the prof- that. This is the American Dream, as we its of these small businesses, the rev- We had one took place in my county have talked about a couple of these enue from salaries, from jobs that are that is a perfect example of this, a folks from your district and some from created, and that is all of our public farmer. When the patriarch died, they mine, that they start from meager be- servants. did not understand. They loved farm- ginnings and with hard work, with in- I have a daughter who is now doing ing. They wanted to focus on that busi- genuity, they grow a business and be- her student teaching practicum. She is

VerDate Aug 31 2005 03:41 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.057 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE H2148 CONGRESSIONAL RECORD — HOUSE March 5, 2007 getting ready to go out and become a this country. Their retirement plans again, why we come to the floor once a public school teacher in our district. are going to be in some form of de- week and remind the American people Her salary ultimately is paid by the ferred compensation of 401(k). Some that this tax increase is coming. salaries of those who are employed, type of retirement savings are diversi- You need to talk to your Member of who own houses, who have jobs, who fied, spread over different types of in- Congress. I do not believe that anybody can contribute to the payroll tax in the vestments. In most cases, they will in the November elections voted to in- community. Our policemen, our world- have some degree of control over that. crease their taxes, and your Member of class law enforcement that we have, is Just the change in these taxes could Congress needs to hear about it. We funded. All the training that they re- have a dramatic impact on senior citi- have to stop it because we want to see ceive is funded by taxpayer dollars that zens. They could literally see their tax this economy continue to grow and to come from folks who are out in the burden double overnight when they prosper. economy, who are in jobs that are cre- seek to access their retirement funds Does the gentleman from Kentucky ating that value. They are creating just to live. wish to close? The gentleman from that tax revenue that comes into the Again, once that money comes out of Texas arrived, too. government, that pays for them. We the economy, it is not creating jobs. Mr. DAVIS of Kentucky. Thank you. have to make sure in order to keep That investment is there; not only is it For those of you joining us at the end them strong and to keep them well- benefitting them, but it is creating here, you are with the funded we have to have a robust and jobs for the future. [email protected]. Our strong economy. Mr. SHUSTER. Just in our closing motto is create taxpayers, not taxes. minutes here, I want to reiterate, first We want to allow you to keep more of b 2030 of all, say we have been getting up here what you earn, because when your dol- The key to keeping those services for the last several weeks talking lars are in your pocket or in your com- world class, whether it is in education, about the coming tax increase, unless munity, it is creating America’s jobs whether it is public safety, whether it Congress and the Democratic majority and advancing the economy. is even funding our military at a Fed- acts, which will occur in 1,398 days, One person who has joined us tonight eral level; a strong and robust economy which will be January 1, 2011, and that is a former certified public accountant is critical to that in the long run, be- occurs in 2008, some of the taxes, if from the great State of Texas, and his cause the entire supply chain, the en- they are not extended, will expire, 2009, name is Mike Conaway. We have tire chain of individuals is inter- 2010. Again, we want to hear from citi- worked together on numerous issues in connected. We are in a society, in an zens around the country that have ben- the committees, and I think that he economy, where everybody is con- efitted by these tax increases, tell us would like to share something for a nected, one to another, in some way. It your story about your small business, couple of minutes here. is not just a circle of folks that we how it has grown or how you started it. Mr. CONAWAY. Just to set the interact with, but it is those that we You can get those stories to us at the record straight, I am still a CPA. I am interact with. That chain moves on and [email protected]. We keeping my license current, on throughout the entire economy, rip- want to hear those stories. Again, I Mr. DAVIS of Kentucky. We were pling back and forth in a very positive want to close with just talking about hoping you were a recovering CPA. way, in all, ultimately, being very ben- what’s going to happen with the divi- Mr. CONAWAY. Because, as you eficial. dend and the capital gains tax cuts if know, I am only one election away I have two friends who are in the in- we don’t act. from being back in public practice. So surance business. Ironically, they are January of 2010, those rates will go maintaining my credentials that I have both not only good friends and strong back up. As I mentioned earlier, when used for 30-plus years is important. supporters of mine, they are extremely folks think about those dividends, Part of that work I did was with tax- active in the community. I think the whether you have a mutual fund, you payers, folks who actually make only place that they are not working in have an IRA, you have a 401(k), you money and then pay taxes on that concert together is with insurance of- have some pension fund out there. By money. fices. Bob Boswell and Bob Kelly of and large, if not all of them, almost There is nothing inherently moral or Florence, Kentucky, are literally every one of them, is dependent on in- immoral about a tax rate. The number across a mall road together. vestments to put income in and pay in itself is not magic. We have gotten But they get along well together, out to the beneficiaries. ourselves into a real ugly box in com- they work together on projects to ben- Prior to a 2003 tax cut, dividends paring or contrasting or linking spend- efit the community. They see it first- were subject to an individual tax rate ing issues with particular tax rates. In hand, introducing folks to financial up to 38.6 percent and on top of a cor- my view, those are entirely two dif- planning. As they are trying to build a porate tax rate of 35 percent. Those ferent issues all together. future, they are trying to look to the types of rates are coming back unless We ought to determine what we future for retirement savings. My this Congress and unless this Demo- ought to spend and what that appro- friend, Dale Viniard, who is an insur- cratic majority acts. In 2003, the top priate amount is and then figure out ance agent in Crestwood, Kentucky, individual tax rate on dividends was how to collect the minimum amount of was one of the very first people that cut by more than half, down to 15 per- taxes needed to spend that. To the ex- Pat and I met when we moved to East cent; and starting next year, that divi- tent we try to link tax cuts on one type Crestwood, Kentucky, at the opposite dend, no dividend tax on income, on of a taxpayer to spending in other end of the district, experiences of peo- lower-income Americans. That is sub- areas is a false argument. It is a straw ple having a concern over their ability stantial. man that is irrelevant in the grand to provide for their family and the fu- In addition to capital gains tax de- scheme of things. I can assure you that ture, having that ability to make sure creased with the top rates on long-term the Federal Government’s accounting that they can have a job, make an in- capital gains dropping from 20 and 10 system does not put cash from this par- come and ultimately have some type of percent down to 15 and 5 percent, and, ticular tax rate into this bucket that is retirement, build that nest egg. again, the 5 percent rate will drop to only spent on welfare; from this tax When you touched on the impact of zero next year for those in the bottom rate into one bucket, only goes in the the capital gains tax earlier, I think two tax brackets. Defense. it’s a huge, huge issue, because the ma- If the Democrats fail to extend this Cash is fungible. I think we should jority of Americans now don’t have tax relief, again, in 2010, they are going reformulate the debate away from this these defined pension plans like some- to come back, and anybody out there idea that there is some link between body might have gotten 50 years ago, in America that is retired, anybody out the specific tax rates and specific working for the large automotive com- there, as I said, that has a 401(k), a mu- spending issues, because I believe that pany. Because most people are coming tual fund, they are going to be taxed at is just a false argument, and it leads us out of the small business world that a higher rate on those dividends. So it down a bad path. Let’s focus on what creates 88 percent of the new jobs in is important that we act. That is, we ought to be spending in a variety of

VerDate Aug 31 2005 03:41 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.058 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE March 5, 2007 CONGRESSIONAL RECORD — HOUSE H2149 areas, whether it is defense or health ANNOUNCEMENT BY THE SPEAKER themselves, more than 70,000 illegal care whatever it might be, let’s figure PRO TEMPORE seizures occurred of private property, out what the right amount is for that The SPEAKER pro tempore (Mr. of land in 2004. In 2003, the Chinese area. Then let’s look for a system that ARCURI). The Chair would remind Mem- admit that 168,000 occurrences of sei- allows us to collect that in a straight- bers to address their remarks to the zures took place. forward, easy to comply with, fair Chair. b 2045 basis. I don’t think our current Tax f Code meets any of those criteria. Well, this is what happens in a Com- THE ECONOMY munist country, and it is to their ad- I have made a living for a long time vantage. helping people comply with the com- The SPEAKER pro tempore. Under The subsidies: According to our own plexity of it. You know, a lot of my the Speaker’s announced policy of Jan- U.S. Trade Representative, ‘‘The Chi- colleagues are in the same boat. But uary 18, 2007, the gentleman from nese subsidies at issue are widely avail- this current system is unworkable, and Maine (Mr. MICHAUD) is recognized for able and offer significant benefits, par- it leads us down the wrong path. 60 minutes as the designee of the ma- ticularly through income and value As you have mentioned, we are now jority leader. added tax breaks. They make it harder under 1,400 days away from the largest GENERAL LEAVE for U.S. products to compete with Chi- tax increase America has ever seen Mr. MICHAUD. Mr. Speaker, I ask nese products, not only in the U.S. and with the expiration of the current tax unanimous consent that all Members Chinese markets but in any market in rate and the current tax schemes as it may have 5 legislative days with which the world. They accomplish this by relates to the death tax. to revise and extend their remarks and providing a competitive advantage to a We don’t know if those are the right include extraneous material on the wide range of Chinese exports, includ- ones or not, but they are the ones we subject matter of my special order. ing, for example, various steel prod- have got. The ones we have had in The SPEAKER pro tempore. Is there ucts, wood products, such as hardwood, place since 2001, I think, in no small objection to the request of the gen- plywood and paper products, and by part have contributed to the growth of tleman from Maine? providing incentives for Chinese firms this economy, have contributed to tax- There was no objection. to purchase domestic products instead Mr. MICHAUD. At this time, I know payers being able to have more of their of those from the United States.’’ the gentleman from Wisconsin has an- own money, to put that investment United States’ manufacturers and ex- other meeting he has to attend, so I back into their families, businesses and porters are suffering because there is would recognize the Congressman other things. The current tax rates are another trade partner of ours that is STEVE KAGEN from Wisconsin. working, and to the extent that they not following the rules. Indeed, 15 to 20 Mr. KAGEN. Thank you very much, expire and have automatic increases is percent of all products made in China Congressman MICHAUD. I certainly ap- unfortunate. are counterfeit materials. They need to preciate being with you this evening, I understand we are about out of follow the rules. especially after an enlightening hour of On this slide is a measure of their un- time. I appreciate getting to join you finding out that really they weren’t fair trade. There are three things pri- late in the hour. borrowing and spending money. marily that China is not complying Mr. SHUSTER. We certainly appre- But, indeed, this is the class of 2006. with: currency manipulation, their ciate you coming here over the past We were elected to take a positive yuan is below where market prices several weeks. It is always good to change in a new direction. We are not would bear the price; illegal subsidies; have a CPA on the floor to be able to the party of borrow and spend and bor- and illegal grants, grants given to com- correct us when we spout off a number row and spend. Because as you all panies that have no intention of paying that is not quite accurate. You have know, the first two letters of borrow them back. And what can we do about been able to do that a number of times and spend are B and S. We are here this this? We really need balance in our with us. We appreciate it. evening to talk with you about our trade deals. We don’t need free trade; I just want to point out again to peo- trade policies. Indeed, our foreign trade we need fair trade. ple that may be watching tonight, such with China has become entirely a nega- How do we fix an unfair trade deal? as a CPA, a small business owner. I was tive number. We need new leadership in the adminis- a small business owner. We all have In this brief slide, the 2006 trade def- tration. We need a President and an ad- children. Your children, I know, are icit will show you that the United ministration that is interested in fair grown now. States is losing. We have lost $233 bil- trade. And what must we do? We must Mr. CONAWAY. Grandchildren. lion a year in 2006. In the first 2001 establish fair trade and export our val- Mr. SHUSTER. But it is important in numbers, $83 billion deficit has mush- ues, not our jobs. After all, if we don’t America that small business owners roomed to $233 billion. make anything in America, we simply and families are not burdened with In 2006, China ranked as the fourth won’t have anything. these heavy taxes. We have to keep largest export market for the United Mr. MICHAUD. Thank you very them low. States and the second largest import much, Congressman KAGEN. This has market. They are our trading partner. definitely been enlightening. I really I think the gentleman from Ken- We have had the American century, appreciate all the charts that you tucky might have a final passing word. and now we are moving into what will have. And you are absolutely right, the Mr. DAVIS of Kentucky. I want to become the Chinese century. But we American people want the new direc- thank everybody for joining us. For should be ordered in the rule of law, tion for this country and are very those of you who are regulars and are and unfortunately for us here in the pleased particularly with the freshman corresponding with us, we appreciate United States, we suffer because they class, yourself leading the charge to your joining us and contacting us at are not following all of the laws. make sure that we do have fair trade [email protected]. In a recent article in The New York agreements. I want to thank you for We believe that the key is not raising Times, it reads in part that the Chi- your time coming to the floor this taxes; it is creating taxpayers to nese’s real advantage results from sub- evening to talk about this very impor- project economic growth and oppor- sidies. They include government grants tant issue. tunity for the future. Our backbone is for modernization, low-cost loans, debt I would now like to recognize another of small business owners that have cre- forgiveness, tax breaks for export or freshman Member of the 110th Congress ated the jobs, created the vision, have businesses and subsidies for suppliers class, the gentleman from Illinois who created the innovation that have help of wood and pulp, something we are has taken a real leadership role as well make this country great. We want to keenly aware of in Wisconsin, in my on trade, but also on veterans affairs continue standing by you and the district, which used to be known as issues where he replaced a former col- working families of America. Paper Valley. league in this body, Lane Evans, who With that, Mr. Speaker, we yield According to government data avail- has been a mentor and has been a lead- back the balance of our time. able from the Chinese government er also on veterans’ issues. I would like

VerDate Aug 31 2005 03:41 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.060 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE H2150 CONGRESSIONAL RECORD — HOUSE March 5, 2007 to yield to Congressman HARE of Illi- facturing jobs across this country. And on this issue, and I am going to be a nois. we have to be not just angry about it; Congressman on this issue. I am not Mr. HARE. Thank you, Mr. MICHAUD. we have to say: I am more than angry. going to vote for a trade deal that is And I want to thank you for your lead- I am now going to do something that going to send one more job overseas. I ership on this whole issue of trade. I we haven’t done before. I am going to am not going to vote for a trade deal was here last week, as you know, and raise my voice and I am going to tell that abdicates the responsibility, and we were talking about the Employee my elected Members of the Congress of to go back to my district and as some Free Choice Act. And I spoke then as a the United States that if you vote to people say, well, you know, we are in a former labor organizer about the dif- send our jobs overseas, we are going to global economy. It is high tech. Well, I ficulties working men and women have vote to send you back to your district understand I am in a global economy. I in being able to join the union. Tonight permanently, because in this business, wasn’t born yesterday. But I also I am here, and I want to tell a brief we are supposed to be here to represent know, to those men and women from story, if I could, about what I think people. Maytag that don’t know what they are this whole trade situation boils down The job of a Member of the United going to do for their health care now to. States Congress, to me, is standing up that it is gone, for health care, their In my district, we have a city called for ordinary people, and I am tired of pensions that are on the line that they Galesburg, Illinois. It was the home of seeing our jobs shipped overseas. And, are losing, those people from KSIH Maytag, manufacturing washers, driers more importantly, the American peo- that lost their jobs simply because and refrigerators; 1,600 very talented ple hopefully watching and listening they happen to be a union plan and men and women worked in that fac- tonight are tired of their tax dollars maybe made a bit too much money; I tory. On two different occasions, the being spent to subsidize those jobs say to those folks that, today, this workers of that plant gave pay conces- being sent to Sonora, Mexico, where, Congress needs to stand up for working sions back to keep that plant open. The by the way, the people down there have men and women. It needs to say we State of Illinois, my home State, gave no trade unions, don’t have enough want trade in this country. We will Maytag $24 million in State taxes for money to even purchase the products work very hard to make sure that we renovations to keep the factory there. that they are making. And I believe have the ability to export our products, The plant, about 8 months later, an- that all of us, whether you are a Re- but at the same time, the one product nounced that it was moving to Sonora, publican or Democrat or Independent, that we are no longer going to export Mexico. have seen the hemorrhaging. in this country is the men and women The CEO said it was because of sev- In textile, in my industry, thousands and their futures and their children, eral things, but the bottom line was of jobs are gone, not because people because there is no place for that in they could make more money manufac- couldn’t do it, but because they can’t fair and free trade. turing in Sonora, Mexico, for cheap compete against 18 cents an hour. It is With that, I just want to thank the labor. And 1,600 of those people are out impossible. Not simply because these gentleman for allowing me to speak this evening for a few moments on this of work, and 1,000 more recently fol- people were getting benefits and other issue. I believe very deeply in this. The lowed a few weeks later in Herron, Illi- things that they desperately needed so great news about being a freshman is nois, from another Maytag facility. they can do like I did and buy a home sometimes we don’t come with the best And the CEO of that corporation said, and put their kids through school and prepared speeches. I think we speak a ‘‘You just have to understand, Con- go to college and do the right thing; lot from the heart. But I can tell you gressman, I am in the business to make these are veterans of our country who this much, from a former clothing per- money for my shareholders. I don’t have fought and defended it. They spective, in our union, there is a movie really care about the people of this city come back and had a job that was called, ‘‘The Inheritance,’’ that talks and the educational system and what taken away from them, not because of about how the union was formed. And anything they did wrong. happens to them, and the small busi- at the very end of it, a little old man nesses that feed into Maytag. I am here So here is what I propose: How about a little corporate responsibility? But looks into the end, and I would say to to make money.’’ our friends on the other side of the Well, I am here tonight to say a cou- how about, let’s tell our trade nego- aisle who don’t want to work with us ple of things on this whole issue of tiators that we want trade, but let’s on this straight policy, he says, ‘‘You trade. First, let me say, I said this on make it fair and free? Let us don’t ne- think this is the end? My friend, this is gotiate our manufacturing jobs over- the campaign trail, Congressman. I am only the beginning.’’ a card-carrying capitalist; I believe in seas. And, by the way, let me just say, This 1-hour tonight is the beginning trade. We have to have trade. I am not I have a lot of agriculture in my dis- of changing trade policy in this coun- a protectionist, an isolationist. But I trict, and farmers are the last group try and in this Chamber. And I am hon- do know this. As my colleague, Rep- brought to bear on the trade negotia- ored to be part of it. resentative KAGEN, said, we have to tions. They are never brought to the Mr. MICHAUD. I thank you, Rep- have some fair trade. table. I think we have to have, as Rep- resentative HARE, for your leadership Under this NAFTA agreement, it was resentative KAGEN said, an administra- role in this as well. tough enough to lose those jobs, but we tion and a Congress that says to the If I understand your comments cor- negotiated that; we, meaning our trade trade negotiators, look, we want trade; rectly, you are not against trade deals, folks, negotiated a 5-year head start we want to be able to negotiate a de- but you want to make sure that they for those Maytag jobs in Mexico, gave cent standard of trade for our folks. are fair trade deals. And I really appre- the Mexican government a 5-year head But we will not do it by simply abdi- ciate your perspective. But especially start on refrigerator products. Now, cating our manufacturing base, wheth- just coming off of a campaign, being a how are you going to compete? er it is in steel or textile or auto- freshman Member working up in your I went to an editorial board, and I re- mobiles, whatever it is, because there State of Illinois, you know what is member saying to the publisher of the are hundreds of thousands of people in going on. newspaper, if your competitor across this country, and not every one of I think, all too often, once people get the river had a 5-year head start on them is going to sit behind a computer here in Washington, D.C., they tend to subscriptions and advertising and being terminal the rest of their life and forget what is really happening in re- able to get the news out each and every work. They want to be welders. They ality. And reality is, we have lost over day, and you could not publish for 5 want to produce steel. They want to 3 million jobs nationwide because of years, do you think you would be at a produce automobiles. They want to cut our unfair trade deals, and we have got distinct disadvantage? He said, ‘‘Abso- men’s suits like I am wearing tonight to bring equity back in that. So I real- lutely.’’ that, by the way, was made in Chicago, ly appreciate your leadership in that So here is what I think we need to do, Illinois, by working men and women. role and look forward to working with in plain and simple language from a So I would just encourage everybody you as we move forward to make sure former clothing worker: I think we this evening as we have this debate on that we do have fair trade deals here in have to stop this exportation of manu- trade that, from my perspective, I ran this Congress.

VerDate Aug 31 2005 03:41 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.062 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE March 5, 2007 CONGRESSIONAL RECORD — HOUSE H2151 It is now my great pleasure to intro- partner in setting trade policies. And of Maine. Certain labor market areas duce another freshman Member who what that means is that we have also had unemployment rates over 30 per- has also taken a leadership role, from abdicated some of our responsibilities cent. It has really devastated the State Iowa, Congressman BRUCE BRALEY. to the workers of this country, to the of Maine because of these unfair trade Mr. BRALEY. I would like to thank workers of international countries deals, and it is all related to the unfair my friend from Maine, and also my where trade laws and workers rights trade deals. friend from Illinois who happened to are not held to the same high stand- Mr. BRALEY of Iowa. We know from bring up the issue with the Maytag ards they are in the United States. We history that timber has always played jobs. And I think this leads us to an- have penalized American manufactur- an important role in the economy of other topic that is not discussed very ers because of environmental regula- your State. How has the timber indus- often in terms of some of the hidden tions they are required to comply with try been affected because of what is costs of our current trade policy. in this country that are not imposed happening in the global marketplace The former world headquarters for upon foreign manufacturers. And we for timber and lumber sources from Maytag was located in Newton, Iowa. have seen the exploitation of workers other areas that don’t have to comply And I grew up about 30 minutes from and human rights in other countries with the same types of restrictions we Newton, Iowa. I got my first driver’s li- that allow goods to be produced at talked about earlier? cense at the Jasper County Courthouse slave labor conditions and severely un- Mr. MICHAUD. As far as industries in in Newton, Iowa. Over 150 years ago, dercut the market for those goods on the State of Maine, timber, the paper my great, great grandfather, George the international economy. industry have definitely been dev- Washington Braley, walked from up in astated the most when you look at 2100 your neck of the woods from Vermont b trade deals. We just actually had a few all the way to Iowa and settled in Jas- So I am here tonight with my friends weeks ago Moosehead Manufacturing per County. And Maytag has been a to talk about why it is important that, which closed its doors because of the foundation of the economy in Jasper when we go forward from this point, imports from China. So it has had a County for many, many years, and Mr. looking at the trade policies, not just negative impact primarily in the paper HARE talked about the plant in Illinois, for the current administration, but for and in the timber industries. the Maytag plant that lost many of its future administrations, no matter Mr. BRALEY of Iowa. One the things jobs to Mexico. which party happens to occupy the that we often don’t talk about when we What happened about 10 years ago White House, it is important for us to talk about the loss of jobs overseas is was, in an effort to develop competi- look back on the historical role that the direct impact it has on the commu- tion between competing Maytag fac- Congress has played in making sure nities where those jobs depart from. tories for the Neptune washers, it was that our trade policies reflect the same And one of the things that we know, in decided that there were going to be in- basic values that made this country talking about the sad story of Maytag centives offered by the State of Iowa great in the first place. And so that is in Iowa, is that at the time Maytag and the State of Illinois in the com- why I am here to talk about how we, as still functioned with its corporate petition to keep those jobs in America. a body, have to step up to the plate and headquarters in Newton, Iowa. They And so the legislature in Illinois and share our fair share of this responsi- contributed almost $1 million a year the legislature in Iowa both went to bility moving forward. just in property taxes alone to the city work to pass special tax statuses for And to my friend from Maine, where of Newton and Jasper County. That is expensing of manufacturing equipment I know these policies have had a dra- just one small component of the many to make it more attractive for those matic impact in a lot of different man- intangibles that we don’t talk about companies in Iowa and Illinois to be ufacturing and foreign good sectors, I with these trade policies and how they able to compete for these new Neptune would like to yield back and ask about impact the communities that we rep- washers. some of the difficulties that his con- resent over the long term. Unfortunately, as we have seen, that stituents have encountered in this One of the other things we know is competition was short-term only. And same area. that a lot of people who work in those the Maytag headquarters no longer ex- Mr. MICHAUD. Well, I thank the gen- good-paying jobs take on leadership ists in Newton, Iowa. The Maytag jobs tleman for his discussion on this issue. roles in their communities as volun- in Illinois have now left for Mexico. You brought up a very good point. You teers, as coaches, as mentors; and when And we are seeing the impact that this had mentioned fast track. And I think they have to leave because they don’t trade policy that we have pursued for what a lot of people don’t realize is the have a place to work anymore, all of the past decade is having on American fact that fast track only allows Con- that intangible benefit that contrib- workers. gress two options, to vote ‘‘yes’’ or utes to the quality of life in a commu- And, like my friend from Illinois, no- ‘‘no.’’ We have no options to amend nity leaves with them. So I think that body I talk to, my friends in labor, my this trade deal. We just have to vote sometimes we focus too much on the friends in small businesses and manu- ‘‘yes’’ or ‘‘no.’’ And we are abdicating pure economic costs of these jobs that facturing, thinks that trade is a bad our responsibilities by allowing fast go overseas, and not enough on the real thing. We need to encourage trade, be- track to occur, which hopefully, with a human costs that goes along with cause that is what creates job opportu- new Congress and a new direction, them. nities for American workers. What we when we look at trade deals, we will be Mr. MICHAUD. You are absolutely are talking about is making sure that able to change fast track so that we right. As a matter of fact, when you our trade policies are fair and bal- can have an opportunity to make sure look at what is happening, a lot of mu- anced. And one of the unique things that we do have fair trade deals. nicipalities, their primary business has that I have seen since I came here is Mr. BRALEY of Iowa. Would the gen- been hit because of unfair trade deals. that we seem to see more and more tleman yield for a question? It has that rippling effect to other small- and medium-sized manufactur- Mr. MICHAUD. I yield. businesses within the community, but ers and labor coming together and Mr. BRALEY of Iowa. Were you serv- also the family structure. When you talking about a need for a comprehen- ing in this body when fast track was look at the fact that when Mills filed sive reform of our trade policies. authorized? bankruptcy, and I have seen it in my One of the things we know is that the Mr. MICHAUD. No, I was not. I was own town, the divorce rate actually Constitution gave this body, Congress, serving in the Maine legislature, and I goes up. The alcoholism goes up, and an important role to play in inter- was opposed to it then. I am opposed to you are losing that structure, and that national trade, and one of the problems it now, especially when you see what is why we have to make sure that we with the fast-track trade promotion damage fast track has caused to this do have fair trade deals. authority that previous Congresses Nation, what it has caused to our man- As we heard earlier today from Con- gave to the chief executive was that, in ufacturing. Maine alone, over the last 6 gressman HARE, he is not against trade a sense, it involved an abdication of years or so, we lost 23 percent of our deals. He just wants to make sure that our responsibilities to be an active manufacturing base alone in the State they are fair trade deals. And that is

VerDate Aug 31 2005 03:41 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.063 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE H2152 CONGRESSIONAL RECORD — HOUSE March 5, 2007 what we have to do as a Congress is to three of them go along the Ohio line, ments are doing nothing about this. make sure that we do have fair trade and the other ones go just north of And the administration that has put deals. Pittsburgh. And I would think you forward CAFTA and some of the other I am very pleased to see that a lot of would be hard pressed to find a district more recent trade agreements con- Members, new Members of Congress in this country that has seen more tinues down the same path. who have just come off the campaign damage done by the global market- And I can tell you that, with the pos- trail, when they were campaigning, place than Pittsburgh over the past 30 sible exception of health care, there they were talking to their constitu- or 40 years, and more recently over the was no issue over the 18 months I spent ents, and they heard a lot about loss of past dozen or 15 years since NAFTA on the campaign trail that came up manufacturing here in this country be- was passed in 1993. cause of the trade deals. So I am very And just for some historical perspec- more often and was of greater concern pleased to see that we have such a tive for what I am going to talk about, than these trade agreements in western large group of freshmen Members on and I know you have mentioned it al- Pennsylvania. So the American people the floor this evening to talk about ready, the country as a whole lost have spoken on this issue. I can tell trade deals and what they are doing to three million manufacturing jobs since you, for sure, they spoke in my dis- this country, or what they are doing to NAFTA was agreed to in 1993. And that trict, and I know they spoke in Mr. their individual districts. is one out of every six manufacturing BRALEY’s district. And we are going to Mr. BRALEY of Iowa. I think a good jobs that existed in this country at hear from Congresswoman SUTTON example of that was one of the first that time. I don’t think we can draw later and Mr. ELLISON as well. things I did after becoming a Member any other conclusion but that that was I think this is an issue whose time of Congress was look at caucuses I not beneficial to this country and had has come. It cannot be ignored any could join that were going to be bene- the effect of job loss. I mean, it is self- longer. These trade agreements have ficial to the constituents that I rep- evident. been detrimental to America. And none resent in my district. One of the cau- Now, manufacturing jobs are dis- of us are saying we should bury our cuses I joined was the Steel Caucus be- appearing in Pennsylvania as well. We heads in the sand and ignore the global cause there is a steel plant that has a can trace about 100,000 jobs lost in marketplace. What we are saying, as direct economic benefit to employees Pennsylvania as a direct result of Mr. HARE eloquently put it earlier, is in my district. NAFTA. And of course when you get that we need to have trade agreements And one of the things I was struck by into indirect result, that number is that represent fair trade. And fair at the meeting that I went to, a break- much higher. trade means having the trading partner fast meeting of the Steel Caucus, was Now, there has been a loss of 210,000 make some effort, at least an effort, to it was bipartisan. There were rep- manufacturing jobs total, 24 percent come into compliance with environ- resentatives of the steel industry, of decrease in the State of Pennsylvania mental laws, with workers’ rights, cer- labor, and everybody was there to talk over just the past 6 years. That is tainly child labor laws. These are about the same problem, and that was total. That is not just NAFTA. That is cheap steel from China flooding the all these trade agreements. So we have things that have been completely left U.S. and international markets. lost a quarter of our manufacturing out of these trade agreements. So we And one of the things that came up jobs in just the past 6 years. find ourselves just giving away the during those discussions, again in a bi- Now, in my district just last week, store and shipping those jobs overseas, partisan sense, was the myth of the so- this has unfortunate significance that as Dr. KAGEN’s chart so eloquently il- called level playing field, which is that just last week we lost 85 workers from lustrated. U.S. manufacturers who play by the Wheatland Tube, a large manufac- Mr. BRALEY of Iowa. Will the gen- rules, provide good, high-paying jobs turing plant in my district; 85 workers tleman yield for a question? with decent benefits, comply with envi- were released on February 26. And this Mr. ALTMIRE. I would. ronmental regulations, treat their is just the latest in a series of workers fairly, are not on a level play- downsizing that has taken place there. Mr. BRALEY of Iowa. I know the ing field when it comes to competing And I would put in a mention of Con- gentleman from Pennsylvania has a with Chinese competition and other gressman TIM RYAN from Youngstown, fondness for college football so I am parts of the world economy because who is very involved in this issue as going to root this question in that. One other countries do not play by the well. And he came over to Wheatland of the great football players at Iowa same rules. Tube with me during the campaign, State University when I attended there So I think one of the things that we and we met with some of the workers in the mid-to-late 70s was a gentleman need to be talking about here is how we and the leadership there at that time, named Tom Perticone from Clareton, can work in a bipartisan spirit to de- and they expressed their concerns Pennsylvania. And while Tom was velop those coalitions that have a di- about China and their inability to com- playing football at Iowa State, the rect benefit for American workers, pete in a fair way with what is hap- movie ‘‘Deer Hunter’’ was very pop- American manufacturers, American pening in China. And here we see only ular, which was filmed in and around employers and consumers of these a few months later that 85 workers Pittsburgh general area, and also near products, because we all are literally in have now lost their jobs as a result of Clareton. And one of the things that this together. what is happening. film depicted so well was the whole Mr. MICHAUD. You are absolutely And I would mention this quote from culture of the community where a life’s right. And actually speaking about in the vice president from Wheatland history has been devoted to a par- it together, we have been joined by an- Tube last week. He said, ‘‘We are not ticular industry and how everything other freshman Member from Pennsyl- seeing relief from Chinese imports, and revolves around it. And we have seen vania, freshmen Member JASON we are not going to sit around and wait that in my home community of Water- ALTMIRE, who has also taken an inter- for that relief. We need to right-size loo, Iowa, near the old Rath Packing est and a leading role in the whole the company.’’ And this is just one ex- Company, where a virtual community trade deal. I would like to yield to Mr. ample. of businesses and services formed Again, I have six counties in western ALTMIRE for his comments. around the factory, and everyone’s Mr. ALTMIRE. I would like to thank Pennsylvania, and we are seeing this lives were tied up in that. the gentleman from Maine for his lead- certainly all over the district and all ership on this issue. This is a critical over western Pennsylvania. But right And I was hoping that you might be issue. there at Wheatland Tube, unfortu- able to shed some light on the very And you mentioned a lot of us are nately, it hit home just last week. real, personal toll on the culture of freshmen, like the gentleman from Now, the onslaught of foreign sub- those communities in your district Iowa, who are just coming off the cam- sidized goods that are illegally dumped that have seen this dramatic shift, and paign trail from a few months back. in the U.S. is just one of the many how employment is available to the And I come from a district in western problems that we are seeing that has people who graduate from high school Pennsylvania, just north of Pittsburgh, not been addressed by this administra- and don’t have the same opportunities and I have six counties going along, tion. And certainly these trade agree- they did 15 years ago.

VerDate Aug 31 2005 05:24 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.064 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE March 5, 2007 CONGRESSIONAL RECORD — HOUSE H2153 Mr. ALTMIRE. Well, in a word, it has who is also a member of the freshmen If we want sweatshops in the global been devastating, and we have seen the class, but he brings a uniqueness from economy and the continued erosion of results. I talked about Wheatland the State of Minnesota as far as the ef- our middle class, we could continue ne- Tube. I grew up about 100 miles from fect that these unfair trade deals have gotiating and passing trade deals with that plant, in a river town that was had on the State of Minnesota and the no protection for workers or the envi- across from a big Allegheny Ludlam businesses and the working people ronment. Trade deals that threaten the plant, which is where all the families within Minnesota. prevailing wage laws. Trade deals that worked. If you lived in that town, that I yield to the Representative from could force us to privatize public serv- is where you worked. And, unfortu- Minnesota. ices. nately, things have not gone so well Mr. ELLISON. Mr. Speaker, let me But if we truly believe in a global over the past couple of decades, both at thank the Member from Maine for his economy that lifts the living standards that plant and another Allegheny excellent leadership, looking out for at home and around the globe, one that Ludlam plant that I have in my dis- the hard-working people of this whole seriously values the environment on trict, and much of it has to do with United States. which all life depends, then what we these foreign trade issues. And as a re- It is true, I am honored to come from must do is we must do better. If we sult, now, when you travel through the Fifth Congressional District of want a better global economy that lifts these communities, they used to be so Minnesota, but as I stand before you standards everywhere, we need to vibrant and had a downtown that you tonight, Mr. Speaker, I am honored to change our approach to trade agree- could go through and it was hustle and associate myself with the Member from ments as we enter into this fast-track bustle and there was activity. A lot of Maine, with the Member from Ohio and arena coming up. them now are ghost towns because we Pennsylvania, because working people First, we need to put an end to the have seen the impact and the job loss all over America need a fair trade and fast-track trade negotiating procedure that has resulted from the downfall of balanced trade situation. We can no which previous Congresses have ceded the steel industry 20 and 30 years ago, longer abide doing trade deals which to the Executive branch. The Founding essentially support environmental poli- but more recently, the other heavy Fathers wisely delegated that role ex- cies that degrade other nations, that manufacturing that has been shipped clusively to the branch of government degrade workers in other nations, and overseas. closest to the people: the Congress. that degrade human rights in other na- And we have the perfect opportunity to b 2115 tions, and then thereby give other na- take back our constitutional responsi- So it has been devastating to these tions a competitive advantage over us bility by allowing fast-track promotion communities, and you would only need because of the exploitation and ignor- authority to expire in June. We can to take one drive through much of my ing important environmental regula- and will put forward a different, more district to see the impact, because you tions. And it is all very important be- humane method of negotiating inter- can see the remnants of some of those cause we need leadership tonight, Mr. plants. In many cases, they have been Speaker, leadership which is willing to national trade agreements, but it is razed, and it is a brownfield site. But stand up and be counted for the Amer- time for fast track to die a rightful you can see the difference, and you can ican people, leadership which will not death. Secondly, we must stop passing more imagine what it used to be like 30 and go with the wind but will actually 40 years ago and, in many cases, more change the wind. That is the leadership trade deals designed to spread the recently. we need at this time. sweatshop model of the global econ- I was just going to wrap up my por- Let me say that we need a trade pol- omy. It has become clear that NAFTA, tion by talking about what is coming icy that does three things, basically: after 13 years of real-life experience, next before us. And, again, none of us respects workers’ rights and their dig- has not worked. It has cost us a million oppose the idea of trade. Fair trade is nity; protects our fragile environment; manufacturing jobs, left Mexican beneficial to both parties by definition. and upholds basic human rights. To- workers without rights and still work- That is what we are talking about. But day’s trade policies in America do only ing for wages far below the Mexican as the administration puts forward the a few of those things but very little of poverty level. It has displaced more Peruvian Trade Agreement, Colombia, what we need. than 1.5 million Mexican farm families, Panama, and certainly fast track re- What we see is a continual erosion at leaving many with no alternative but newal, which the gentleman from the very heart of America: the middle to migrate north for a better life. Maine was talking about, we need to class. It started first with the elimi- The same applies to CAFTA and the consider the fact that Congress, Rep- nation of our manufacturing jobs. And pending Peru and Colombia ‘‘free’’ resentatives of the people, need to play I now represent Minnesota, the Fifth trade agreements. Colombia is distin- an active role in these trade agree- District of Minnesota, but I started life guished by being a country where trade ments. And, unfortunately, that has out in Detroit, where I saw plants clos- unionists are assassinated more than not been the case, which is why we ing on a daily, weekly basis, and I saw in any other nation in the world. have ended up with such one-sided jobs outsourced on a weekly basis. But Instead, we can construct a new glob- agreement. So, as we consider those now what we see is a situation in Min- al economy built on generosity and issues with Peru and Colombia and nesota where that has taken hold and inclusivity; one that raises living Panama and Presidential fast-track au- we see jobs leaving left, right and cen- standards and supports the vast and thority, I for one am going to support ter, and it has got to stop. growing global middle class. But we the working Americans of this country The global economy has evolved to a can only do it by casting off the failed for fair trade practices. large extent and is reminiscent today policies of recent decades and by build- Mr. MICHAUD. Mr. Speaker, I thank of the Robber Baron era, where huge ing the middle class. the gentleman from Pennsylvania. transnational companies scour the The choice is ours. The choice is I really appreciate your willingness planet for the cheapest, most exploit- clear. It is time to reclaim Congress’s to come to the floor this evening. I able labor and the most lax environ- free trade authority and our country’s, know you care deeply about this issue, mental standards. We have the oppor- and the world’s future. where it has affected your district dra- tunity to change that in Congress, and Mr. MICHAUD. Mr. Speaker, I thank matically, and your willingness to we must change it. the gentleman from Minnesota. speak up for the working men and But what kind of global economy do And we will work closely with you as women and businesses here in this we want? The answer to that question we move forward to make sure that country to make sure that they have a must be determined and will be deter- what trade deals we do pass in this fair shake at these trade deals. So mined to a large extent by the rules in- Congress are fair trade deals. I want to thank you for your leadership. I look corporated in free trade agreements thank you very much for your leader- forward to working with you as we that define so much of the global econ- ship and interest in this area. move forward to deal with these issues. omy. By what we decide in this Cham- Mr. ELLISON. Fair trade. Now I would like to recognize a gen- ber, we will determine the shape of the Mr. MICHAUD. Mr. Speaker, I now tleman from Minnesota (Mr. ELLISON), global economy. would like to yield to an individual

VerDate Aug 31 2005 03:41 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.065 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE H2154 CONGRESSIONAL RECORD — HOUSE March 5, 2007 who is also a member of the freshmen Well, this is not a question about What is it about these failed trade class but an individual who definitely protectionism versus trade. This is a policies that those who continue to has done a yeoperson’s job in dealing question about the rules of trade, and push them don’t understand? This is with this trade issue. She knows the this is a question about what rules we not acceptable, and we cannot allow trade issues inside out. She has been a think should be in a new trade model this race to the bottom to continue. that will allow for trade to be engaged leader. She has organized the freshmen b 2130 class to send a letter to the chairman in fully and fairly by this country but of the Ways and Means Committee, Mr. require that others play by the same I thank the gentleman very much for RANGEL, because of the concerns about rules. his leadership. I thank you on behalf of trade. Trade can benefit American busi- those I represent. I will continue to And, Ms. SUTTON, I want to really nesses and workers, and it can be a tool work with you as much as I possibly thank you from the bottom of my to help developing countries that are can to develop a new trade model, one heart for what you bring to this whole looking to access our markets. I hold that will work for American workers debate as we debate the trade deals, out hope, and I hope it bears out, that and businesses. and I look forward to working with you I will have the opportunity in this Con- Mr. MICHAUD. Mr. Speaker, I thank over this Congress to move forward to gress to vote for a trade agreement the gentlelady. You are absolutely make sure we have fair trade deals. that lifts up our working families at right, it is these flawed models that So, Mr. Speaker, I now yield to Ms. home and abroad; a trade agreement continue to come up after the NAFTA SUTTON. that protects our environment at home model and all these other trade deals. Ms. SUTTON. Mr. Speaker, I thank and abroad; and a trade agreement that Until you change that flawed model, the distinguished gentleman for those has strong and enforceable provisions, we are still going to get these bad kind remarks and for yielding. ensuring that all partners are playing trade deals continuing. I thank you also not just for your by the same rules. You mentioned the Colombia Free leadership on behalf of the Members Now, we have heard some discussion Trade Agreement. I don’t think there here, but I thank you for your leader- about fast track already this evening. is any fix for this agreement. I think it ship on this issue for the people that I And my colleague Representative is highly offensive that the Bush ad- represent, the good and fine folks of BRALEY and Congressman MICHAUD, ministration would even negotiate Northeast Ohio, from Lorraine to you have identified this as such a crit- with a country that is infamous for the Akron to Barberton. This is so mean- ical issue coming up very quickly, set highest rate of trade unionist assas- ingful and so important, what we are to expire in June. And I can tell you sinations. More than 2,000 labor union doing here tonight and what we need to that, on behalf of those I represent in activists have been murdered in Colom- do, this Congress, to ensure that they Northeast Ohio, I, for one, will not be bia since 1990; 60 assassinated in 2006 supporting its renewal. have a better chance in this world. alone. I think that is just unconscion- Fast track has been a raw deal for It is crystal clear, not just from the able. many American workers and busi- discussion tonight but from what we I agree with Congressman Sandy nesses. Fast track takes away the ac- see when we go home to our districts Levin when he says that we have to countability and oversight that Con- and we look across America, that our look at these flawed models that are gress has been given under the Con- trade policies are not benefiting Amer- out there. These side agreements that stitution to deal with trade. And, ica’s workers and America’s businesses people are talking about, they are not frankly, it has left us in a position going to work. They don’t have the as they should. And there is a lot of with misguided and downright shame- angst and anger out there. People are force of law. ful trade policies that we have today. I think we definitely have a long really concerned. If we had not had fast track, Con- ways to go before we have trade deals The trade policies don’t work for the gress could have been in a place to play that I can support. And with the fresh- average folks, but they also don’t a significant role in shaping the trade man class we currently have under work, and I have to emphasize this, for agreements while it still might have your great, fantastic leadership, I ap- American businesses as they should. made a difference. The problem with plaud them, and encourage that each Working families in my congres- fast track is, by the time it gets here, sional district in the State of Ohio and all we get to do is say whether we are and every one of you continue to speak our Nation continue to face mounting going to vote ‘‘yes’’ or ‘‘no’’ for what is out on this issue, because it is an issue job losses and a tumultuous economy. a bad trade deal. that is important to the American peo- We have heard the numbers before, but We need to move in a new direction ple, it is an issue that is important to they bear repeating. on trade. It is a moral imperative, and our businesses, workers in this coun- Since 2000, we have lost 3 million our fight begins with ending fast track. try, but it is also an issue that is very manufacturing jobs nationally. And, But there are other concerns that we important when you look at our secu- unfortunately, 200,000 of those jobs have talked about on the trade horizon, rity and immigration. have been from my home State of Ohio. such as the deals with Peru and Colom- When we heard the NAFTA discus- Now, it is clear that Congress needs bia and Panama. And these agree- sion, when they passed NAFTA, we to act. When things aren’t working, we ments, they have been modeled after were encouraged; I was not here, but should change direction. And that is the same flawed model that NAFTA Members were encouraged to vote for it why I am so proud of these new Mem- gave us. And NAFTA was responsible because it would help with the illegal bers whom we have had the oppor- for 50,000 jobs losses in Ohio. It is no immigration problem with Mexico. The tunity to hear from today and the lead- longer hypothetical. We don’t have to problem has not been solved. It has ership that they are exhibiting to take wonder what is going to happen with gotten worse because the NAFTA this Congress and this country into a NAFTA. NAFTA has been a disaster for agreement has not worked the way it direction that will work for the Amer- the people I represent and for this was supposed to work. ican people. We can’t stand idly by and country. So I look forward to working with watch our jobs go overseas and our So while we continue to get these you and the rest of the freshman class, families suffer at home and our trade harmful trade agreements forced down along with other colleagues who are in- deficits soar. our throats, we have failed to address terested in this trade deal. I want to point out that I, like so many of the trade problems we face Speaking about other colleagues, an- many of the others who have spoken with China and Japan and Korea and other gentlelady from Ohio as well, before, feel it is very important to say others. And while our trade deficits Congresswoman KAPTUR, who has also I am not opposed to trade. You know, soar to the tune of a record $800 billion, been a strong leader in the trade de- sometimes when we start having dis- which I have to tell you is not a record bate over the past 5 years that I have cussions like this, people try to pit you we should be happy with, with these been here, and she has been a tremen- into one category or another. They like nations, our wages in our Nation stag- dous advocate for making sure that we to say you are either for trade or you nate and hundreds of thousands of jobs have fair trade deals, I see she has are a protectionist. have been displaced. some charts up there with a lot of red

VerDate Aug 31 2005 03:41 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.067 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE March 5, 2007 CONGRESSIONAL RECORD — HOUSE H2155 ink. I assume that is probably the so very, very much need your voices trade accounts. The trade deficit has climbed trade deficit that she is going to talk here. to record numbers each year since he took of- about. When Fast Track expires at the end of June fice in 2001. From $362 billion his first year to I yield to the gentlelady. this year, Congress can reclaim our authority a whopping $763.6 billion last year, this Presi- Ms. KAPTUR. Congressman MICHAUD, granted by Article 1 Section 8 of the Constitu- dent has been selling the U.S. to the highest Congresswoman SUTTON and Congress- tion ‘‘to regulate commerce with foreign na- foreign bidders. man BRALEY, I wanted to come to the tions.’’ For 23 years, Congress and the work- Our constituents are calling Congress to ac- floor tonight and say it is so wonderful ing class watched the executive branch com- tion. Without the authority to regulate com- to have you here in this beloved House, mandeer U.S. trade policy. We also saw real merce with foreign nations, Congress cannot to try to course correct on a direction wages stagnate, American jobs move over- effectively respond to these crises. that the United States has been head- seas, child labor flourish, global warming take Congress must stand for free trade among ing in the wrong direction now for over hold, illegal immigrants stream across our bor- free people, and ensure that all Americans two decades. And with the new energy ders, our trade deficit soar, and the drug trade have access to middle class jobs at middle that you represent and the new leader- thrive. class wages with health and retirement bene- ship, I have no doubt that when fast Like many of us here, I receive thousands fits that cannot be rescinded. We must oppose track comes up for reauthorization of letters, phone calls, and e-mails from my Fast Track, reclaim our negotiating authority later this year, we are going to stop it constituents asking me to take action on these from the executive branch, and answer the dead in its tracks and begin turning important issues. pleas of the American people. our country around again. While there is no one cause for any of these Mr. MICHAUD. Mr. Speaker, we are I just wanted to run to the floor just problems, Congress cannot ignore how U.S. headed on a collision course. If you for a couple of minutes to put some trade policy impacts the full range of issues af- look at our budgetary deficit, we have notes in the RECORD and to say that for fecting Americans and the world. Congress the largest budgetary deficit in our his- 23 years Congress has really doled out must respond to the American people who de- tory. The debt limit was increased to $9 to the executive branch our trade-mak- mand action from us. trillion. We have the largest trade def- ing authority under Article I, section 8. Congress has yielded enough power to the icit in our history, which continues to If you go back to 1975 when fast track executive branch. If we renew Fast Track and rise because of these unfair trade deals. was first passed, the United States had continue to cede our Constitutionally-granted And if Congress does not get a handle trade balances up until then for almost authority, we will only render ourselves more on both the budgetary deficit and our the entirety of our history. Then as helpless in the face of a broken immigration trade deficit, we will no longer be the you look at each succeeding agree- system, economic instability, an environmental superpower that we are today. ment, whether you go to 1993 and crisis, and a burgeoning drug trade. When you look at our budgetary def- Our previous trade agreements may not NAFTA, we were already amassing icit, over 45 percent of that is owned by have been the sole causes of these emer- trade deficits after the first fast track foreigners, China being one of them. If gencies, but trade policy is the key to solving was passed back in the seventies. you look at our trade deficit with Then when PNTR with China was them. Congress needs to examine the root causes China, we saw charts earlier where it is passed, plus NAFTA, plus all the other of our immigration problem and the exploi- skyrocketing. agreements that were signed, we moved tation of workers across the Americas. When When I hear my colleagues talk into the most historic deficits rep- the leaders of U.S., Mexico, and Canada about the fact that we are going to put resented by the lost jobs that Congress- signed NAFTA 14 years ago, they turned their trade assistance funding in there so woman SUTTON talked about, that Con- backs on working men and women across the that we can retrain workers, they don’t gressman BRALEY talked about, Con- continent. The agreement continues to chip want trade adjustment assistance. gressman MICHAUD you talked about away at the U.S. economy, leaving millions They want their jobs. That is very im- and personally lived through. jobless and accumulating a staggering and portant for them. So we have seen real wages stagnant growing trade deficit with Mexico, now totaling Ms. KAPTUR. Mr. Speaker, if the with those jobs lost. We have seen our a record $64.1 billion for 2006. At the same gentleman will yield further on that jobs move overseas to the lowest-wage time, NAFTA ravaged the Mexican economy point, recently, about a week ago, Her- countries in the world, the most un- and destroyed the farming and agricultural shey Chocolate announced it was going democratic. We have seen child labor sectors. This so-called ‘‘free trade’’ agreement to move its operations out of Pennsyl- flourish. We have seen bonded labor has prompted hundreds of thousands of Mexi- vania to Mexico. They have already come back into our country as a result. cans to look for an escape from their wors- been testing those Hershey Kisses, We have global warming taking hold as ening destitute circumstances to the U.S., and those big ones they are making down our environmental regulations are in doing so they risk their lives, the unity of there now and the taste has changed. I really overturned under agreements their families and their futures. am thinking, where is the old Hershey like NAFTA. Illegal immigrants U.S. trade policy upsets more than just our bar that used to taste so good? stream across our borders because they immigration crisis. Our faltering trade policy You look at all the jobs in Pennsyl- are treated like they have no value in has also contributed to the global environ- vania associated with all the dairying their home countries. Our trade deficit mental emergency. When the Bush Adminis- that goes on and then the processing. continues to soar, and the drug trade tration entered into CAFTA, they did so with They say that they are going to save locks in heavily. countries which rarely enforce their already the tourist center, but it won’t be real So I wanted to come down tonight limited environmental policies. Many of my any more, because the jobs won’t be and present some of these figures and constituents have already contacted me about there, both in the plant itself and in say that there is a pattern to history the devastating environmental consequences the countryside that provides the raw now. You are like the second wave. You of the Peru Free Trade Agreement. How can product into Hershey. are coming in here. Those of us who Congress fight global warming in the U.S. So you ask, why are we allowing our- fought so hard against NAFTA in 1993, while allowing our trade rivals to destroy the selves to be hollowed out like this? those of us who tried so hard to course- rain forests and retain lax emissions stand- Wall Street is really in a pitched battle correct, we never had the votes. Unfor- ards? We must use trade as a tool to protect with Main Street across this country, tunately, it was so close; it was so very the environment, not to pillage it. and we have to fight here to save those close. But people hadn’t lived the wash- Lopsided flawed trade agreements weaken middle-class jobs. out. You now represent places that our economy. Since NAFTA’s passage, over Mr. MICHAUD. Absolutely. Congress- have experienced the results of this. one million U.S. jobs were sucked into Mexico. woman SUTTON mentioned earlier the So we look forward to this coming Because of PNTR, more than 1.5 million jobs fact this is not just a workers’ issue; it vote this summer. It is such a joy to shipped out to China. After two centuries of is a business issue. The United States have you here, and I just wanted to trade surpluses, NAFTA ushered in an era of Business and Industry Council has been thank you for your really determined soaring trade deficits, even after proponents very supportive, very helpful with the leadership and for the people who voted promised us bigger surpluses. Kaptur trade deal. They are going to be you here so that you could come to More recently, President Bush’s trade policy very helpful I think when you look at Washington and make a difference. We in particular has caused more damage to our fast track and other areas. So this isn’t

VerDate Aug 31 2005 05:24 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.068 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE H2156 CONGRESSIONAL RECORD — HOUSE March 5, 2007 just working people issues; it is busi- ers by companies to move operations over- by my colleagues on the other side of ness issues. A lot of people try to put seas, drive American workers’ wages down. the aisle and the concern about the im- workers against business. It is not that Through the 1950s and 1960s, the American balance in trade, which I am concerned issue at all. It is these unfair trade middle-class grew and prospered. In 1973, the about, and the argument that we need deals. average U.S. worker made $16.06 an hour. not necessarily free trade, but fair I would like to ask Congresswoman Today, after adjusting for inflation, that same trade. SUTTON a question, if I might. How worker would make only $16.11 per hour. As I carefully listened to the 60- would you address this issue: We hear In stark contrast to hourly wages, average minute presentation, I hear some all kinds of times the issue, you are a U.S. worker productivity has nearly doubled things that are wrong, and I agree with protectionist. What is your response to over the same period. Clearly, the divide in some of them, as a matter of fact, most that? America between the ‘‘haves’’ and ‘‘have-nots’’ of them, but I heard no suggestions on Ms. SUTTON. Well, again, this is the is growing, and the richest few, along with how we are going to fix this, except ask way those who like what is going on multi-national corporations, are the big winners the administration to do it better and with our trade deals, and those would under our nation’s flawed trade policy. get it right. be more or less the multinational com- Up until 1973, the U.S. experienced rel- I think it is important for us, Mr. panies who are very involved in helping atively balanced trade, with small trade sur- Speaker, if we are going to identify to push them, whenever we start talk- pluses being the norm ($1.9 billion surplus in these issues that we are going to call ing about this and the real impact and 1973). Since Fast Track was granted in 1974, problems that we should also step for- the real effects, they like to call you the U.S. had a trade surplus in just one year ward and have the will and the fore- names like protectionist. (1975). Now, in 2006, our nation’s trade deficit sight to present some solutions. That is how they shut the debate has skyrocketed to over $760 billion. So in the time I have had here to lis- down; but we can’t allow that to hap- Our trade deficit has more than doubled ten now, I will just present some solu- pen, because, again, this is not a ques- since President Bush took office. For 2001, tions that I would have liked to have tion of protectionism versus trade. It is our trade deficit was $362 billion. Last year, heard from my colleagues on the other a question about what are the rules of our trade deficit reached yet another new side of the aisle, because I think we trade going to be. record high at $764 billion. ought to be here to fix the problems we We just have to keep saying that, be- Since WWII, good paying manufacturing have. cause there are going to be voices out jobs have been the driving force behind our First, I don’t have quite the same there that would like people to believe nation’s robust middle class allowing families number of trade deficit that the otherwise. But all we are talking about gentlelady from Ohio presented in the is what kind of rules of trade do we be- to own homes, send their children to college and gain access to quality, affordable poster here just a little bit ago. I recall lieve should be engaged in. that 2 years ago, actually now 3 years Mr. MICHAUD. That is very good. I healthcare. ago, our trade deficit was a minus know we are running out of time. I do Since President Bush took office, the U.S. $617.7 billion. Last year it was a minus want to thank you, Congresswoman has lost 3 million manufacturing jobs. Michigan $725 billion. Her number was slightly SUTTON and Congresswoman KAPTUR, alone has lost 213,000 manufacturing jobs, or for your leadership in this role, and I about one-quarter of the state’s manufacturing higher than that. We should by now really appreciate the hard work that jobs. have the records for the 2006 trade def- everyone is doing on this issue, espe- My record is clear. I voted against the Trade icit. I have not had access to that num- cially our freshman class. Act of 2002, which mistakenly granted this Ad- ber, and I note the gentlelady from As Ms. KAPTUR had mentioned, the ministration ‘‘trade promotion authority.’’ Now, Ohio didn’t present a number for the freshman class has really come forward it is time for Congress to put the brakes on the 2006 trade deficit, but it had been in- and really taken on this issue, taken Bush Administration’s failed trade policies and creasing about 20 percent a year for an interest in this issue, I think pri- come to our senses to realize the damage several years. marily because you just came off the done. First, we must not make matters worse. I heard no evidence that convinces campaign trail. You heard what people Congress should reject the pending free trade me that NAFTA is the only reason. In were talking about out there. It is im- agreements with Peru, Colombia and Panama. fact, I will submit that there are a portant for Members who have been My colleagues should not be misled. Fast number of other reasons that we have a here for a while to listen to you as track trade negotiating authority is not required trade deficit. I would challenge my col- freshman Members because you defi- to negotiate or approve free trade agreements. leagues, join with me in some of these nitely have a lot to talk about when it Second, we need serious, thoughtful review solutions that I will present here. comes to this trade issue. of our nation’s trade policies and their impact But before I do so, I am just going to We have seen it firsthand. As I men- on wages, jobs and our trade balance. Pitting go back and review some of the re- tioned earlier, I worked at the mill for American industries against one another, polit- marks that were made and then re- over 28 years, and I have seen firsthand ical gamesmanship, and manipulation and spond to them with solutions rather what NAFTA has done to my town, my sloganeering must come to an end so that than lamentations, Mr. Speaker. community, to individuals who worked Congress and the Administration should get The gentleman from Wisconsin called in the mill. down to business. for fair trade. He showed a poster that So I want to thank each and every The United States is a world leader, and we has a minus $233 billion trade deficit one of you for taking an interest in must enact trade policies that truly encourage with China. I don’t dispute that num- this very important issue. positive standards and quality of life for both ber. I expect that is as very close, if Mr. KILDEE. Mr. Speaker: I am proud to join the United States and our foreign partners. not as accurate, a number as there is many of my House colleagues today to Reject renewal of Fast Track trade negotiation out there. But that is a portion of and present a strong voice in opposition to renew- authority, so we can get back to sensible and not even a majority of our trade deficit ing Fast Track trade negotiating authority in fair trade policy. that we have from a global imbalance. any way, shape or form. f Then the gentleman from Illinois Fast Track allows the President to negotiate made the statement ‘‘We need fair SOLUTIONS TO TRADE PROBLEMS trade agreements without input from Con- trade.’’ Fair trade in fact was called for gress. In addition, Congress is prohibited from The SPEAKER pro tempore (Mr. by I believe every one of the speakers, amending any trade agreements reached ARCURI). Under the Speaker’s an- and at least no one disagreed with under Fast Track authority. nounced policy of January 18, 2007, the that. Cynically repackaged as ‘‘trade promotion gentleman from Iowa (Mr. KING) is rec- Well, Mr. Speaker, I refuse to allow authority’’ in 2002, under President Bush’s ognized for 60 minutes. my staff to use the word ‘‘fair.’’ In fact, watch, Fast Track has been utilized to unjusti- Mr. KING of Iowa. Mr. Speaker, I I refused to let my children use the fiable ends. Wages are flat, our trade deficit have had the privilege to be seated here word ‘‘fair’’ as they were growing up, has skyrocketed and good-paying manufac- in this Chamber and listen to the pres- because I know something that most turing jobs have been lost by the thousands. entation over the last probably hour Americans know, and that is anyone Increased imports from low-paid workers and a half or so. It is quite interesting who has raised two or more children abroad, combined with threats made to work- as I listened to the presentation made knows there is no such thing as fair.

VerDate Aug 31 2005 03:41 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.069 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE March 5, 2007 CONGRESSIONAL RECORD — HOUSE H2157 If you are going to use ‘‘fair’’ and be the central part of Iowa, and I look sleeves and do the right thing for real able to define the word ‘‘fair,’’ you back on the 341⁄2 years of my marriage, tax reform. have to be talking about a county fair and there has never been anything but That would be to simply bring for- or a State fair or some other type of a Maytag washer and dryer in my home ward H.R. 25, the FAIR Tax. And that gathering where people display their washing clothes for our family. That is eliminates the IRS and the Income Tax wares, because the term ‘‘fair’’ is not deep in our heritage, and we are loyal Code, so it eliminates personal and cor- definable; it isn’t universally under- to the brand. porate income tax. It eliminates the stood. So one person’s idea of fair is an- But part of the equation also was tax on your interest income, your divi- other person’s idea of a injustice, and that, when it came time to resolve the dend income and your capital gains. it will be ever thus. labor disagreements and to settle the And it eliminates the AMT. It takes We can talk about justice and equity, salary and benefit and pension plans, the tax off your savings and invest- and we can talk about using the equal the burden of that was just too high to ment, and your pension and Social Se- enforcement of trade agreements and be able to hold the jobs in Iowa. It is curity. It does all of those things. laws, and I think we should do that; too bad, but those were some of the cir- One of the things I would think my but to even try to define what we cumstances that no one over here ut- colleagues would want to do if they are would like to do with a term like tered, when you get collective bar- concerned about the trade deficit, I ‘‘fair,’’ we have chosen the vaguest gaining and it drives the package up so would think that they would want to term that there is in the dictionary high; when you overplay your hand, border adjust the taxes so we weren’t and the one that submits itself to any- you lose the company. You don’t have operating here in the United States at one’s redefinition of it. the option to back down, and the union a disadvantage, having to put taxes on Also the statement was made that we doesn’t come forward and say, I will be the cost of our goods and be competing have no options, we have to vote these happy to take a $2 or $5 pay cut, or against imported goods from overseas fast track trade agreements up or maybe we will negotiate the health that do not have that tax component in down. That is not true. Yes, they come care plan or do a package that has to there. That is part of what they are to the floor as unamendable, but a cou- do with our contribution versus our talking about, is unfair trade, sub- ple of years ago, maybe 3 years ago, I benefits, defined contributions versus sidized goods was the term used by the amended two unamendable trade agree- defined benefits plan, that stuff is hard gentleman from Pennsylvania, the on- ment, and I did so in committee. to get when you have a lucrative labor slaught of foreign subsidized goods. Well, they may be subsidized goods, b 2145 agreement, collectively bargained agreement, those types of agreements and I am sure there is a definition that These were trade agreements that could not be resolved favorably to can be applied to that, but we do the had to do with Singapore and Chile. Maytag. That is one of the reasons why opposite. We put the tax burden on ev- Ambassador Zoellick had negotiated we no longer have Maytag centered up erything that we manufacture in this immigration agreements into those in Newton, Iowa. I think we need to country, on materials and labor, and it trade agreements. And so with the wis- talk about that. has to be built in and embedded in the dom and tenaciousness of the chairman Yes, these jobs are going overseas. cost of the things that we sell, because of the Judiciary Committee, the gen- But, also, Maytag made an investment corporations, companies that are in tleman from Wisconsin (Mr. SENSEN- overseas to go over there and make business to sell a good or a service or BRENNER), we brought those trade washing machines to sell to the Chi- any combination of the two, do not pay agreements before the Judiciary Com- nese. They invested initially $70 mil- income tax. They can’t pay income tax. mittee, and although they were lion in that plant. And, finally, after They collect it from people. The end unamendable trade agreements, up-or- some years of trying, they couldn’t user, the last stop on the retail chain, down, to be voted on, we had a mock make it work and pulled out of that in- are the ones that pay the taxes, but it markup in committee. And in that vestment. is collected through the companies mock markup, I was successful in get- There are many, many different com- that sell the goods and the services, ting two mock amendments put on the ponents to these transactions. It isn’t and then they transfer it to the IRS in mock bill. And when we finished with just simply American corporations, the form of corporate income tax, busi- our analysis of the trade agreements that they are simply greedy capitalists ness income tax and sometimes the that had been negotiated by the U.S. and that they quickly move our indus- personal income tax of the executives Trade Representative and had per- tries overseas. They are reluctant to and the shareholders as well. fected the trade agreements in the go. But we set up the burden of tax- Corporations and businesses don’t process of going through the mock ation and regulation. And then you pay taxes; they collect it from real peo- markup, the U.S. Trade Representative have the compensation packages of the ple. The consumer is the last stop on then, even though it was supposedly collective bargaining agreements; and the retail dollar. Once we can get our impossible to go back and reopen those that being the environment here in the minds around that absolute truth, then negotiations, reopened those negotia- United States, having then to compete we can begin to talk about how we can tions and adapted those two amend- against the cheaper labor overseas. All work together to border adjust our ments into the trade agreement, and of those things work against us, not taxes and become a more competitive we struck out the immigration lan- just the corporations deciding to make Nation again. guage out of the trade agreement. It a decision that is simply based on The studies that we have had done had no business. It had no place there, greed. That is not so, Mr. Speaker. indicate that the components boil and that is one way you can effect a Also, the argument, the gentlelady down to this: On average, 22 percent of change if you disagree with the trade from Iowa said our trade deficits soar, a product that is on the shelf for sale agreements. we need a new trade model. I heard no here in the United States, 22 percent is But it sounds to me like the people proposal of what that new trade model the embedded cost of the tax structure that are speaking here are against all is. It is criticism, but it is not a solu- that the company that is producing trade agreements no matter what they tion. We need to provide solutions. that product has to build into the might be. They will always be able to The other gentlewoman from Iowa price. So that says, if you are selling a oppose any agreement no matter how talked about Hershey is moving out widget and that widget is a dollar, 78 it is defined because they will always and going to Mexico. I am saddened to cents is the cost of the widget and 22 reserve the right to redefine their own see that go. But some of my colleagues cents is the cost of the tax. term called fair. It will be, it isn’t fair. who have been here a number of years If you put that on some more expen- We can’t do it because it is not fair. have had an opportunity to put a fix in sive items, go from the $1 widget to the Well, you have to be more specific than place so we could sustain, could have $30,000 vehicle, and we have millions of that. sustained some of these businesses that dollars worth of vehicles coming into As I listened to my colleague from we are losing, and we could still sus- the United States every year. Some of Iowa talk about the Maytag issue at tain many of these businesses today if our trade deficit, I can tell you, would Newton, and that has left a big hole in we could get to work and roll up our be $800 million worth of Mazdas that

VerDate Aug 31 2005 05:24 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.070 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE H2158 CONGRESSIONAL RECORD — HOUSE March 5, 2007 come over from Japan every year, a 28 percent marketing advantage, and b 2200 made in Japan, put on ships, brought it does a number of other things. That So he put his money up on the here, off-loaded into the United States is, it doubles our economy in 10 to 15 counter with the box of Skittles, care- and marketed on our dealers’ lots, $800 years. It fixes our balance of trade, fully counted out 89 cents, and the lady million. As that price goes up, and that that minus-$725 billion, probably a at the check-out register rang it up is a couple-of-year-old number, we larger number now, because we can and said that will be 96 cents. He did could be into a billion dollars, and that compete not only here better, and we not have anymore money. He got that would be one-700th of our entire trade will be pulling jobs back here and cre- look on his face of what am I going to deficit because we are buying Mazdas ating more jobs here in the United do; they are 89 cents; I have 89 cents. but we are not exporting Chevys or States, but also our export markets. The lady said, well, with the tax. Little Fords back to Japan. If we sent a bil- Many times the export markets turn Michael turned to his dad and said, lion dollars worth of Chevys or Fords on a 1 or 2 percent margin. Dad, I have to pay tax on Skittles? We pick up instantaneously a 28 per- to Japan instead of them sending a bil- Yes, that is what you have to do if we cent advantage from where we are lion dollars of Mazdas to us, then we eliminate the IRS and the Federal in- right now if we can take the tax com- pick up a two-for, and we reduce that come tax code. You could be a con- ponent out of the products that we are trade deficit by $2 billion, not $1 bil- sumer who chooses when to pay your selling. So we do a number of good lion. taxes, and like little Michael, pay things. We hold our manufacturing But if you put a Chevy and a Mazda taxes on Skittles at age seven or eight base here. We hold our jobs here, espe- on a dealer’s lot and each has a sticker or less, and realize how expensive the cially our blue collar jobs, the jobs like price of $30,000 and they are com- Federal Government actually is. Hershey and Maytag, that are leaving parable vehicles, comparable quality That changes the psyche of an entire America. These are manufacturing jobs and accessories that are built into that culture. People that are always looking after manufacturing jobs. Those kinds price so the competition will establish to the Federal Government for a solu- of jobs stay here. We create more jobs that price and they are selling against tion begin to realize they are funding here. These are American-made prod- each other at $30,000; if we pass H.R. 25, the Federal Government and they are ucts, and the dollars will stay here. As the FAIR Tax and we cease taxing all part of the solution. They are bought those dollars stay here, they turn over productivity in America and we put the into this. seven times in a community, as the tax on sales instead of income, a na- Going for a national sales tax, a con- economists tell us they do. They create tional sales tax, that $30,000 Chevy, the sumption tax, a fair tax, Mr. Speaker, more and more and more jobs. Pretty price of it goes down. does everything good that everyone soon we would have that trade deficit If you take the tax component out, else’s tax policy does and more besides, gone. We would end up with a trade you take 22 percent out of that $30,000 and that is not just my words. Those surplus. We would end up with a Chevy, and it takes us into that area of are also the words of one famed chair- healthy, robust industrial base in $23,400. The Mazda stays at $30,000. man who has been the lead guru on ec- America and a strong economy that When we put our tax back in, we have onomics here in America for a lot of would be doubled in 10–15 years. to build it back in, the sales tax on the If we do that, the rest of the world years. It fixes everything that you can fix price, now the Mazda goes up by 23 per- would have to stand up and take no- with a tax policy. It fixes everybody, cent, and it ends up as a $39,000 Mazda. tice. We are already the most dynamic all the pieces that come along here, That is the amount you would write economy the world has ever seen. But puts them all together and does more the check for to drive it off the lot. But we have a problem, a series of them. besides. It border adjust taxes and it you would write the check for the But, Mr. Speaker, the problem I am provides incentive for savings and in- Chevy or the Ford at $30,400. That is an speaking of is the problem of going $8,600 marketing advantage that we back and indexing Alexander Tyler’s vestment. It doubles our economy in 10 would gain simply by getting rid of the statement, that when a democracy re- to 15 years. It repairs our balance of IRS and the Income Tax Code and put alizes it can vote itself benefits from trade and puts it on a surplus of bal- our tax back on sales and allowing the public treasury, on that day the de- ance of trade, and this growing econ- these companies and competition to mocracy ceases to exist. omy then, on top of that, Mr. Speaker, drive the embedded tax component out We are at least 44 percent of Ameri- it solves our deficit, our deficit in our of everything that we are producing cans not paying income tax. If we go to revenue that we have here, our deficit here in America. a national sales tax, a FAIR Tax, that spending because, when the economy That gives us a 28 percent marketing does a number of things, but it untaxes doubles, we are going to have a lot advantage here in the United States. the poor, and I will get to that in a mo- more dollars that come flowing in here. So when foreign companies are comment. But it also makes taxpayers out We replace the payroll tax, the So- peting against American manufactur- of every consumer in America. And we cial Security, the Medicare and the ers, they would have to look at that are all consumers. Medicaid, with a consumption tax por- huge 28 percent advantage that we Each time we step up, and I think of tion. I advocate for a 23 percent embed- would have. I can tell you, there would little Johnny stepping up to the ded tax that is made of these compo- be a lot more products produced in the counter, and he is going to buy his nents. I said I would get back to this. United States. baseball cards, and he is going to put a Three percent of that 23 percent pro- I will take you back to the $800 mil- couple of dimes up there for Uncle vides a rebate into everybody’s house- lion worth of Mazdas coming over from Sam. Those children from little on up hold to untax everyone in America up Japan by ship every year. Those cars will understand that the Federal Gov- to the poverty level. So let us say the are made in Japan. A lot of the compo- ernment is expensive, and they will poverty level is $20,000 for a family of nents are put together in Japan, and know that they are funding the Federal four, and I think the number is actu- wherever you make something, that is Government, and they will be buying ally $18,500 for a family of four. They where the labor and jobs are. When we into the Federal Government. And they would pay about $458 in a month in are purchasing from a foreign country, will also be advocating for let me have taxes if they were going to consume to we are transporting and exporting our a few less services and let me keep a the level of their income. So this 3 per- job market there. few more of my dimes. That penetrates cent goes into a fund, and immediately Now, that is true for everything that into young people. at the beginning of every month, it we are purchasing that is a good from I remember a story told by a can- would do an automatic transfer into a foreign country. Those jobs, when- didate for Congress in last summer’s each household as registered by the ever we send money overseas and pur- primary election. He had a little son; I Health and Human Services for the chase a good from a foreign country, believe his name was Michael. Little level of sales tax that that family we are also transferring jobs there. Michael had saved up his money. Little would pay just up to the poverty level. We pass the FAIR Tax, those jobs Michael, he picked up his box of So anybody that is living at the pov- come back home, many of them, and Skittles, and he had counted out 89 erty level or below pays no tax, pays no we hold most jobs here. We end up with cents for the box of Skittles. national sales tax, but those that start

VerDate Aug 31 2005 03:41 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.071 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE March 5, 2007 CONGRESSIONAL RECORD — HOUSE H2159 spending above that, above that $18,500, lars of intellectual property that is pi- hosting Americans as long as we are they start then paying the sales tax on rated by the Chinese, and it is essen- willing to come over there to complain, that until you get to someone like I tially a national standard. At least but nothing is going to happen. Noth- presume Bill Gates would be a rather there is so much of it that goes on, ing is ever going to happen unless we robust consumer, I do not know that, there is not a punishment going on for bring some leverage against them. but if I were he, I would be a robust it, this standard of stepping in and So I will submit a second solution for consumer. People of that kind of in- stealing our intellectual property as the folks over here and ask them: Do come will be the ones who will pay the quick as it comes on the market. you care to weigh in on this? I would be highest percentage of tax off their in- We might have a Hollywood movie happy to yield to you, and I hope you come. This is progressive, but also, it that comes out and before the premier, come to the floor at a later time, too, untaxes the poor. The first 3 percent the DVD has been pirated by the Chi- or we can get together and you can collected is the portion that goes in to nese and it is on the streets in its black sign on to some of this legislation that untax everyone up to the poverty level, market version, undercutting the intel- actually provides solutions to the prob- and then those of us who spend more lectual property and the creativity of lems that you so articulately laid out than the poverty level will pay our fair Hollywood. Those things happen. here tonight. share of taxes going on up. That is 3 The copyrights and also the patents But one of these solutions is this. Di- percent. and the trademarks, those 3 pieces of rect the U.S. Trade Representative to Eight percent goes to replace the intellectual property are consistently conduct a study to determine and payroll tax, Social Security, Medicare and persistently and strategically pi- evaluate the loss to American intellec- and Medicaid, so that we no longer rated by the Chinese. The Russians, tual property rights holders to the Chi- have to have that most regressive kind too, only the Russians just are not as nese for the pirating of those intellec- of a tax. That is a very regressive tax good as it yet, and they are getting tual property rights. Once that amount on especially the lower income people. better. is quantified, and Mr. Speaker, I can There is no exemption for you if you As I listened to those negotiations tell you it is in the billions, then direct are only making $10,000 a year. You are and as we put pressure on them over the U.S. Trade Representative to levy a going to take the .0765 percent times there to bring criminal charges against duty on all goods that come from two, and that is 15.3 percent, multiply those who are stealing U.S. intellectual China in an amount equivalent to be that by your $10,000, and you are going property rights and selling Rolex able to recover the complete loss that to give up $1,530 to the payroll tax even watches, fake Rolex watches would be American property rights holders have if you only make $10,000 a year. another example that brings to that sustained because of the piracy of their So you can see, Mr. Speaker, that is mind’s eye, Mr. Speaker. As we put property rights and to distribute those a 15 percent tax on some of the poorest pressure on them to bring criminal proceeds back into the hands of the people in America. We eliminate that charges and civil charges, they said to people that hold the copyrights, the tax and put it back on consumption. us, well, we are fining people for steal- trademarks and the other intellectual And by the way, when people max out ing U.S. intellectual property and we property rights. on Social Security, the most wealthy are moving forward more aggressively That is another concrete solution people are paying at a lower rate on to enforce. So I asked them for a report that I would lay out here for the folks the payroll tax than the poor are on those fines, and they gave me 150 that come to the floor and talk about among us. So payroll tax is a very re- pages. It was all in Chinese, Mr. Speak- what is wrong but do not provide a so- gressive tax. We replace it with 8 per- er, so I did not really have the ability lution and do not provide a way to fix cent. We untax everyone up to the pov- to determine that except that, by their things and turn them around and make erty level with 3 percent, that is 11, witness and their verbal presentation them right, Mr. Speaker. and then to replace the income tax to me, they had levied some fines for X I did not necessarily come here to- itself and be revenue neutral that number of yuan, Chinese dollars, but night, though, to talk about the short- takes a 12 percent embedded tax. That we also know that a government-owned falls of the presentation that was made is how we get to 23. company, that if it is owned by the by my colleagues on the other side of This plan works. Every time I turn government and if the government the aisle. I came here tonight, Mr. this rubrics cube around and look at it fines that company, it is like me decid- Speaker, to talk about a great big issue another way, it looks better and better ing I am going to fine myself and I will that we have to face in this country. and better, but my colleagues over here take a couple of dollars out of this As I stand here, this being the week are content to stand here night after pocket and put it over here in this beginning the 5th of March, it has been night, give us a list of lamentations on pocket. Makes no difference to a Com- my understanding for some two to what is wrong with the President, the munist State and State-owned busi- three weeks that the senator from Mas- administration, the previous majority, nesses if the State fines the company. sachusetts, Senator KENNEDY, was pre- the decisions that have been made here The State is the company, and so those paring to introduce a, I will put it in in this Congress over the last 15 years statements did not move me very quotes, a ‘‘comprehensive’’ immigra- on trade. They argue that free trade is much, Mr. Speaker. tion bill sometime the week of the 5th fine as long as it is fair trade, but I did Then I asked about criminal charges, of March. I am hopeful that that does not hear anyone advocate for any trade and they said, yes, we have brought not happen, at least coming out of him, agreement that they ever agreed with. some criminal charges and we are get- the subcommittee chairman of the Im- So that makes us trade isolationists ting more rugged with our enforce- migration Subcommittee of the Judici- unless they can come forward with ment. So I asked the point blank ques- ary on the Senate side. some real changes. tion: Who have you locked up in jail? We saw what they did last year over Well, I will submit that I can support Who is in jail today because you are in the Senate and actually passed, and trade agreements. I can support them, stealing our intellectual property? And it was an abysmal piece of policy, Mr. Mr. Speaker, if we can have smart of course, the answer was, Mr. Speaker, Speaker. Now they are winding up to trade, but also, we need to have a more well, we have not locked anybody up try it again, same person or persons, competitive environment for America’s just yet, but we are moving forward to same face, same philosophy. That same producers. That means pass the fair enforce. philosophy is amnesty first, enforce- tax. Well, I came to the conclusion that ment maybe never. Also, a couple of years ago, I was sit- the Chinese saw it as a price of doing I remember Senator KENNEDY stand- ting over in China. As I watched the business. The cost of doing business ing out here on the Mall just on the negotiations go on and engaged in was to smile and nod and speak nice West side of our West portico when we them, I saw the eyes of the negotiators and make nice to Americans that are had demonstrators by the tens and per- on the other side of the Pacific Ocean, over there that want to alleviate the haps hundreds of thousands last spring. and I watched their smiles and I burden of the pirating of the U.S. intel- He said to them, and these demonstra- watched their heads nod. We were talk- lectual property rights and that they tors, many were not lawfully present in ing to them about the billions of dol- will continue smiling and nodding and the United States, one can presume I

VerDate Aug 31 2005 03:41 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.073 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE H2160 CONGRESSIONAL RECORD — HOUSE March 5, 2007 think accurately, and he said to them, taken without just compensation,’’ the process but, for every one we grant am- some say report to be deported; I say to for public use words have been elimi- nesty to, there will be several who will you, report to become an American cit- nated from the fifth amendment by the say, I think that is a good idea because izen. Supreme Court in the Keloe decision. my friend or my relation thought am- That was the clarion call of the left But up until that time, the sanctity nesty was a good idea. wing liberals and the voice of Senator of property rights rode right along If this becomes amnesty for 12 mil- KENNEDY calling for people, come to with the sanctity of our first amend- lion or 15 million or for 20 million or America, come here illegally and when ment rights, and we have done a good more, and they bring in their extended you are here, we are going to pave the job of defending our second amendment families at the tune of maybe as many way for a path to citizenship for you rights. Throughout this is the vitality as 273 for every anchor baby that and hand over to you all the benefits of of America, because we have individual comes into the United States, we won’t American citizenship. rights that are guaranteed, and they just have 12 or 15 or 20 or more million Well, I say to Senator KENNEDY, if are passed down from God to each one who have no respect and, in fact, con- your mantra is amnesty, those of you of us. Then the individuals, we the peo- tempt for the rule of law; we will have who stand on amnesty, you deserve to ple, then hand that responsibility over 100 or more million that will have con- be branded with the scarlet letter A for to our elected representatives to rep- tempt for the rule of law. amnesty and treated as such because resent us in places like this House of That then would utterly destroy the amnesty undermines the rule of law in Representatives. rule of law in America. We would go this country. But we have guaranteed rights, and back to a third world kind of country These are some pillars of America those guaranteed rights and the rights where the rule of law doesn’t work that are essential for us in order to be of due process and to be protected from down south in places like Mexico, Hon- able to sustain ourselves and sustain discrimination in a court of law have duras, El Salvador, Colombia. It is the ourselves into the future. In order to given us a sense of justice and a sense rule of who has the power and who has identify those pillars of American civ- of the rule of law that gives every the guns. ilization, we need to look back and American, every American citizen and I see that my friend and colleague identify what has been some of the those who aspire to be American citi- from Texas, the wonderful doctor, roots of American exceptionalism. Why zens, solid ground on which to stand, whom I seek his counsel quite often, are we an exceptional Nation with such confidence that it is predictable into especially on these technical issues, a dynamic economy? Why have we been their future so that they can invest has arrived on the floor. I would be so robust as a people? capital, borrow money against their happy to yield as much time as the There are a number of reasons, but property, be able to pay off the mort- doctor from Texas (Mr. BURGESS), one I would point out is that because gage, be able to reach for the stars and would consume. we have brought in immigrants from dream, create and become an entre- Mr. BURGESS. I would thank the all over the globe, because it was dif- preneur, be one of those people that gentleman for yielding. Certainly, I ficult to get here, because many of really makes a big difference and real- was sitting in my office and watching them had to sell themselves for seven you, watching your discussion with the years to pay off their passage to the ize their fortune and their dreams. American people tonight. I am always United States, to work off the cost of These are some of the foundations of so grateful that you take the amount that ride aboard ship across from West- American exceptionalism, but the rule of time that you do to come to the ern Europe, for example, the people of law is a foundation for it. If we grant amnesty to people who floor and explain things to people in that had that sense of a dream, the broke the law to come here, then we simple commonsense language that the sense of wanting to come here to real- have undermined the rule of law. If we average person can understand. I heard ize their American dream, to raise your discussion, of course, on funda- their families here, they also had that undermine the rule of law, we don’t mental tax reform. As you know, I am sense of adventuresomeness. have the culture for a strong America Within all of that, the dream, the in- any longer. We have lost a pillar for committed also to fundamental tax re- dustriousness, the creativity, the sense what makes us great. form. of adventure, that desire to join with So to reward law breakers does ex- I knew that you wouldn’t want your us in our manifest destiny as we set- actly that. As I listen to people that good friend Steve Forbes to think that tled a continent in lightening speed, all come in and testify in the immigration you had forgotten all of the good of that was the vitality that came in subcommittee meeting, I will often things he had told us in a meeting with our immigration. We were able to hear people; there will be those that about his flat tax. So I just wanted to skim the cream off of the crop in Na- come in and say, well, I was a bene- remind the Members of Congress that tion after Nation after Nation. Donor ficiary of the amnesty in 1986. I came in addition to H.R. 25, which deals with Nations gave up a measure of their in illegally when Ronald Reagan signed a consumption tax, there is also an- most vital population because they the amnesty bill; there was supposed to other approach to fundamental tax re- came here so they could spread their be some say as low as 300,000 that form, which is H.R. 1040, what a clever wings and they could excel. would get amnesty. I recall about 1 number and scheme that is, which is million, but we know that went over 3 the resurrection, if you will, of the flat b 2215 million who received amnesty because tax that was previously espoused and That is one of the pillars of American the fraud was so rampant. popularized by former majority leader exceptionalism. Without belaboring The document forgers kicked into Dick Armey, and, of course, the subject that point very much any more, an- high gear. For everyone that got a de- of the ever popular book by Steve other pillar of American signed amnesty in a legal fashion, Forbes, the ‘‘Flat Tax Revolution.’’ exceptionalism has been the founda- there were others who by hook and I am not sure how many weeks it has tion of our Constitution, which is crook got their amnesty. But all of been on the bestseller list, but it cer- drafted based upon the principles that them are for amnesty today if they tainly should have stayed on there for you will find in the Declaration. And in happen to be alive and still in this weeks at a time. the Constitution are our basic rights, country, and so are their families and This really meets the criteria, meets freedom of speech, press, religion, as- their friends for amnesty. They say, the test that was set forth by the sembly, and the second amendment well, it is not a hard thing to figure President at the start of his second rights, the right to keep and bear arms, out. It was good for my dad or my term for a simple, fair, pro-growth tax. and what used to be in our fifth amend- mother or my brother or my uncle. The flat tax almost immediately elimi- ment, the right to property, which Look, they are here in America, and nates the marriage penalty. It repeals says, ‘‘nor shall private property be they are doing well. the death tax. It abolishes the alter- taken for public use without just com- Why shouldn’t we give amnesty to native minimum tax. If there was ever pensation.’’ other people, because it has been good a time to consider the abolishment of But now after the Keloe decision, it to us. Now that is a very simple equa- the alternative minimum tax, it is says, ‘‘nor shall private property be tion and not a very rational thought today with more and more middle class

VerDate Aug 31 2005 03:41 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.074 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE March 5, 2007 CONGRESSIONAL RECORD — HOUSE H2161 people being pulled into that type of I notice that the speaker from Iowa that is that we are faced with a tre- unfair taxation. It eliminates multiple had gone on from talking about tax- mendous amount of loss here in Amer- taxation of investment income, and it ation to talking about issues dealing ica in the lives of Americans because allows for immediate expensing of busi- with immigration. I will just say that we are not enforcing at our border. ness equipment. we have had a lot of discussion in this As the gentleman from Texas said, This bill, H.R. 1040, which is a vol- Congress since Congress convened in we need to first stop the bleeding at untary election for a flat tax, it is not January about the 9/11 recommenda- the border and get that under control. a requirement. If someone has con- tions or the recommendations of the 9/ We need to push all traffic, both, all structed their time and their talents 11 Commission from a couple of years products, all contraband, all human and their financial portfolio towards ago. traffic, through the ports of entry. We compliance with the IRS code, God To me, the two most important rec- need to beef up our ports of entry. bless them, my hat is off to them. But ommendations of the 9/11 Commission You know, as I was sitting in an im- if they would rather take a more fun- that have yet to be enacted, one was migration hearing a couple or 3 years damentally sane approach to their fam- quite simply to build stable democ- ago, I began to listen to the testimony ily’s finances, to their business’s fi- racies in Middle East. I think we are about how many people died in the Ari- nances, and wish to elect a flat tax sys- doing that. We receive a lot of criti- zona desert in a year. tem, this should be available to them. cism for doing that, but that is one of It is a significant number then; it My concern is that we don’t trust the the fundamental steps we must take in was about 250. Now, I think it is 400. American people enough, that if we order to achieve stability worldwide That is sad, and it is tragic, but I, gave them the opportunity to coexist and ultimately gain control in the again, wonder, the 11,000 a night that with the IRS code as it exists today, it global war on terror. sneak into the United States across is completely unintelligible and not But the other concept, and it is so our southern border, I sat down there understandable by anyone with any simple that it astounds me that it by the fence in the dark and had the in- level of education, or we gave them the hasn’t been taken up yet, and that is filtration going around on either side opportunity to elect into a simple flat simply to secure the border. Both of me, and that 11,000 a night is cal- tax that they would choose to do so. north and south, our American borders culated by this Border Patrol agent In fact, the gentleman from Iowa is are not secure. They need to be secure; who testified they stop between a quite aware that, since November, the we deserve secure borders. The Amer- fourth and a third. elections in November, we have heard a ican people deserve secure borders And they stop 1,188,000 last year. If lot of discussion from the other side of after the ravages of 9/11, and I think you do the math on that, that shows the aisle about the so-called tax gap, that was a sensible recommendation about 4 million a year get into the the tax gap being that $350 billion the 9/11 Commission has made. I frank- United States, and out of that 4 mil- which is assessed by the IRS but never ly do not understand why the House lion, that works out to be about 11,000 collected. leadership has not taken that up with a night. Well, what are the reasons it is not the seriousness it deserves. I would expect there is someone collected? To be sure, there is some With that, I want to thank the gen- around here that knows the size of fundamental dishonesty that exists in tleman from Iowa and the Speaker for Santa Ana’s Army when he came some people. But some people just look his indulgence. across the river. But me being a at the IRS code and say it is too com- Mr. KING of Iowa. In reclaiming my Yankee, I have to guess at it. I think it plicated, I am going to ignore it and time, I thank the tenacious Texan for was about 6,000 strong. It was then that hope it goes away, I am not going to coming to the floor. He knows how when they attacked the Alamo at San deal with this, and they are caught, much I revere Steve Forbes and Steve Antonio. But if it was 6,000 strong or and they are punished. Forbes’ financial acumen, as well as less than that when they attacked the It is a shame that has to happen. If Alan Greenspan’s. Perhaps on this sub- Alamo, I would just suggest that twice they were allowed the option of having ject matter it is one versus the other. the size of Santa Ana’s army comes a simple pro-growth system, such as I also notice the gentleman from across the border every single night. the fair tax, such as the flat tax, I Texas, however compelling the argu- They may not be in uniforms, and think the American people would be all ment, didn’t present a list of things they may not be marching in orderly the richer for it. that his tax policy does better than the ranks, and they may not be all of them I just want to point out one passage tax policy I advocate. But I think we armed, but they are carrying with in Mr. Forbes’s book, which does not both recognize that either is far better them $65 billion worth of illegal drugs deal so much with the bill that I intro- than what we are dealing with today. coming into the United States, $65 bil- duced, and I know it is going to sur- There is nothing coming out of the lion. prise the gentleman from Iowa to hear other side of the aisle, particularly that, but in 1989, a Senator requested a from the Chairman of the Ways and b 2230 revenue forecast from Congress’s Joint Means Committee, Mr. RANGEL, except, And we are spending $8 billion a year Committee on Taxation, on a hypo- well, we are going to figure out some on our southern border. And out of that thetical tax increase, raising the top ways to raise some of these existing $8 billion, that is $4 million a mile, and rate to 100 percent. There is a flat tax, taxes and maintain the convolutions we are getting some kind of efficiency 100 percent on incomes over $200,000. that are within them. That is what we rating of our dollars of maybe 25 per- The Joint Committee on Taxation re- have to look forward to. cent of enforcement, and often I hear a sponded by forecasting increased reve- The stock market last week had its 10 percent number from the Border Pa- nues of $204 billion in 1990, $299 billion worst single week in 4 years. I don’t trol people that are down there. in 1993. Incredibly, the Joint Com- think its coincidental that the tax in- So what is the price to America? $65 mittee on Taxation failed to recognize creases that this have come out of this billion worth of illegal drugs that or at least assume that people would Congress, the Pelosi Congress, and the comes out of the pockets of Americans. continue to work and work hard even if noises coming out of the Ways and And the price in lives? The question every penny of their income was taken Means Committee, particularly the that I ask and commissioned the GAO away in income taxes. Chair, have added instability to our study for was, How many Americans I suggest that that indicates a depar- New York stock exchange and all of die at the hands of those who do get ture and a divorce from reality that our financial markets. Once the inertia across the border? And that number the Joint Committee on Taxation has, of this continues, we might find our- came out, not quite apples to apples and it is for that reason that it is in- selves in a significantly poorer situa- and I had to do a calculation or two off cumbent upon us to introduce meas- tion and not very far from now. of other government studies to match ures that are, again, commonsense, I, also, on the immigration issue, up with the GAO study from April of straightforward measures that the there were some statistics that I had 2005, and it works out to be this: of the American people can understand and made a promise that I would unfold inmates in our Federal and State peni- get behind. here and send this message out, and tentiaries, 28 percent are criminal

VerDate Aug 31 2005 05:24 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.075 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE H2162 CONGRESSIONAL RECORD — HOUSE March 5, 2007 aliens. And I am going to presume that legal drugs is costing our economy $35 Mr. Speaker, and so I have gathered up if we had enforced our laws, none of billion-plus a year, just the victims of some of the faces of these perpetrators. them would have been in the United murder, negligent homicide, and to When I stand here and say 9,264 violent States. lock up those who do the same, $35 bil- deaths in America, that is kind of face- So if you take 28 percent and you cal- lion. less. I would point out, too, though, culate that across the murders that we The value of the entire oil industry that maybe people were skeptical of have in America, and that is about of Mexico is $28 billion. We pay more my numbers. Maybe they think that 16,000, a little over that, you will end for murder victims and negligent homi- those numbers are too high. I would up with a number 28 percent of that is cide victims here in the United States ask, what are your numbers? Produce 4,518 murder victims in the United and plus locking them up than all of those. States at the hands of those who are the oil revenue of a pretty good oil-pro- But here is another way of looking at criminal aliens in the United States. ducing country the size of Mexico. it. Violent death in America is 4.28 out You add to that the victims of neg- And then, additionally, another $8 of every 100,000 people. Violent death in ligent homicide, most of them drunk billion a year just to guard our south- Mexico is 13.2 out of every 100,000. That driving victims, and that is going to ern border. And on top of that, there is a good, solid three times the violent run 28 percent of those, that comes out will be a report coming out very soon, death rate in Mexico as it is the United to 4,746, Mr. Speaker. So you add those if it is not out already, that shows that States. two together, that is 9,264 lives in remittances is a term they use. This is Now, Mexico happens to be one of the more peaceful countries south of us. If America die violently every year at the a transfer of wages from mostly immi- you go to Honduras, their violent death hands of criminal aliens, presumably grants here in the United States, some rate is nine times that of the United who would not be in the United States illegal, some legal, out of the United States. And I don’t know what El Sal- had we aggressively enforced our laws. States. That number has been going up That is a shocking and astonishing incrementally year by year, and last vador’s is, they don’t publish that. But number. It is three times the amount year it was $45 billion a year that was when you get to Colombia, their vio- of victims that we had on September transferred out of the United States in lent death rate is 15.4 times the violent 11, and that is an annual number every remittances, or usually wire transfers, death rate of the United States. And, single year. back to home countries. on top of that, the people that are com- Now, what does it cost us in dollars? This report that is due to come out if ing in from those countries are young Incarceration costs alone of the 267,000 it is not out now will show $60 billion men. Young men will commit more illegal aliens that we have locked up in transferred in the last year, $30 billion than twice as many violent crimes as our prisons that we can count, and of it going to Mexico, $30 billion of it any other demographic group, in fact, many of them we don’t know, but we going to other places in the western significantly more than that. And they are coming from countries know we can count 267,000 and they hemisphere, but usually the lion’s that are more violent, and they are will cost us in incarceration costs $6.7 share of that goes into Central Amer- bringing drugs from those countries to billion just to lock them up. ica and the Caribbean. the tune of $65 billion. So there is So we are spending $8 billion on the So when you look at the dollars crime and violence associated with the border on our Border Patrol for maybe transferred out of our society, $60 bil- drugs; there is crime and violence asso- 25 percent efficiency; we are spending lion being sent out by labor, $65 billion ciated with young men. There are $6.7 billion to lock up the criminal paying for illegal drugs, $35 billion to young men coming from countries that aliens and hold them in our prisons. pay for the cost of violent death, and $8 are far more violent than in the United And then, on top of that, the cost to billion to guard the border, you can States. And when you sit down and do murder victims, and that number has see, I think, Mr. Speaker, how massive the math and calculate out, if you were been calculated by government num- this burden is here for the taxpayers going to predict the crime results here bers at $3.9 million per murder victim. and the victims of crime here in the in America, you would find, Mr. Speak- That comes out to be $17.05 billion in United States. er, that the 28 percent that are incar- the cost of murder victims in dollars. And one thing that I have always cerated in our prisons today that are And those victims of negligent homi- wondered about crime victims is that if criminal aliens probably don’t rep- cide, I have measured that a little bit society really paid that whole cost, if resent the overall crime impact on the smaller at two-thirds of that overall we had to write the check for the $35 United States society. cost of the murder victim because the billion or so that it costs for victims, But to personalize this a little bit, I investigations don’t go so far. That the violent death in America at the have brought a few of the faces of these comes to $11.37 billion. hands of criminal aliens, if we had to evil perpetrators down here to the So I add these numbers up: Incarcer- write the check for that, the taxpayers floor. This, being one of the more evil. ation costs, $6.7 billion; the value of would be outraged if it were a line item This is the face of Santos Cabrera lost productivity in lives of murder on an appropriations bill here in the Borjas. He is a 22-year-old, was a 22- victims, $17.05 billion; the value in lost United States Congress. year-old illegal alien from Honduras, productivity in lives at negligent But, instead, it isn’t quite like that. that country that has got nine times homicide victims, $11.37 billion. It There are costs picked up by the tax- the violent death rate of the United comes up to $35.12 billion out-of-pocket payers, investigations, prosecutions, States. They can live with a lot higher costs out of the United States just for incarcerations. We pick those up. But level of violence. those who were killed and to lock up the real costs comes out of the lives of Here is the kind of violence you get those who kill. That does not include the people who are their victims in with one of these people. On June 4, rape victims, assault victims, grand great huge whopping chunks of their 2006, Borjas murdered an innocent 9- larceny and theft victims. That list lives, their future, for their families, year-old boy named Jordin Paudler of goes on and on and on. their productivity, and leaves a hole Georgia by hacking him to death with Sex victims is another one. We have that can never be healed again. a hatchet. Borjas was in a car that was identified about 240,000 sex criminals That is the burden that is all of this, driving through the neighborhood, it who are criminal aliens. And of those, and the injustice of it comes from the had a wobbly wheel, and this young 9- they have at least four identifiable vic- psychology that the State is the one year-old boy Jordin Paudler called out tims. So you do the math on that. It is that is wronged and the crime victim is to the car and said, You have got a bad just a few short of 1 million victims of made whole when the State believes wheel on your car, being helpful, like sex crimes, and many of those are sex that they are whole. And the crime vic- young boys will do, like a lot of good crimes where there is a murder in- tim in this country by our process is Americans are. And Santos Cabrera volved as well. seldom made whole, and as a matter of Borjas got out of the car and attacked The price to this society is unbeliev- fact, maybe is never made whole. this young 9-year-old boy with a hatch- able. It has only begun to be quan- So we have a big problem here in et and twice split his forehead with a tified. But to put it in a context, it America. But sometimes there are hatchet and left it in, as I understand works like this: $65 billion worth of il- faces that need to be identified, too, it, all because he tried to help.

VerDate Aug 31 2005 03:41 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K05MR7.077 H05MRPT1 hmoore on PROD1PC68 with HMHOUSE March 5, 2007 CONGRESSIONAL RECORD — HOUSE H2163 This is an example, and I will bring Mr. PAUL, for 5 minutes, March 6, 7, AA87) received February 13, 2007, pursuant to many of these examples to the floor as and 8. 5 U.S.C. 801(a)(1)(A); to the Committee on time unfolds, Mr. Speaker, and this is Mr. MORAN of Kansas, for 5 minutes, Transportation and Infrastructure. 687. A letter from the Chief, Regulations one of the faces of evil. There are March 7. and Administrative Law, USCG, Department many, many faces of evil. We have a Ms. GINNY BROWN-WAITE of Florida, of Homeland Security, transmitting the De- big debate in front of us. I thank you. for 5 minutes, today. partment’s final rule — Security Zone; Wa- f f ters Surrounding U.S. Forces Vessel SBX-1, H1 [COTP Honolulu 06-004] (RIN: 1625-AA87) LEAVE OF ABSENCE ADJOURNMENT received February 13, 2007, pursuant to 5 By unanimous consent, leave of ab- Mr. KING of Iowa. Mr. Speaker, I U.S.C. 801(a)(1)(A); to the Committee on sence was granted to: move that the House do now adjourn. Transportation and Infrastructure. Mr. ABERCROMBIE (at the request of 688. A letter from the Chief, Regulations The motion was agreed to; accord- and Administrative Law, USCG, Department Mr. HOYER) for today on account of ill- ingly (at 10 o’clock and 41 minutes of Homeland Security, transmitting the De- ness. p.m.), under its previous order, the partment’s final rule — Security Zone Regu- Mr. DAVIS of Illinois (at the request House adjourned until tomorrow, Tues- lation; Naples Beach, FL [COTP St. of Mr. HOYER) for today and March 6 on day, March 6, 2007, at 10:30 a.m., for Peterburg 06-043] (RIN: 1625-AA87) received account of official business. morning hour debate. February 13, 2007, pursuant to 5 U.S.C. Mr. EDWARDS (at the request of Mr. 801(a)(1)(A); to the Committee on Transpor- f HOYER) for today on account of medical tation and Infrastructure. reasons. EXECUTIVE COMMUNICATIONS, 689. A letter from the Chief, Regulations and Administrative Law, USCG, Department Ms. JACKSON-LEE of Texas (at the re- ETC. of Homeland Security, transmitting the De- quest of Mr. HOYER) for today and Under clause 8 of rule XII, executive partment’s final rule — Security Zone; San March 6 on account of official business. communications were taken from the Francisco Bay, CA [COTP San Francisco Bay Ms. KILPATRICK (at the request of Mr. Speaker’s table and referred as follows: 06-010] (RIN: 1625-AA87) received February 13, HOYER) for today through March 8 on 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the 680. A letter from the Chief, Regulations Committee on Transportation and Infra- account of official business. and Administrative Law, USCG, Department structure. Mr. LARSON of Connecticut (at the re- of Homeland Security, transmitting the De- 690. A letter from the Chief, Regulations quest of Mr. HOYER) for today on ac- partment’s final rule — Security Zone; San and Administrative Law, USCG, Department count of a family medical matter. Francisco Bay, San Francisco, CA [COTP of Homeland Security, transmitting the De- Mr. RUSH (at the request of Mr. San Francisco Bay 06-020] (RIN: 1625-AA87) partment’s final rule — Security Zone; St. received February 13, 2007, pursuant to 5 HOYER) for today and March 6 on ac- John’s River, Jacksonville, FL [COTP Jack- U.S.C. 801(a)(1)(A); to the Committee on count of official business. sonville 06-058] (RIN: 1625-AA87) received Transportation and Infrastructure. Mrs. BONO (at the request of Mr. February 13, 2007, pursuant to 5 U.S.C. 681. A letter from the Chief, Regulations BOEHNER) for today and the balance of 801(a)(1)(A); to the Committee on Transpor- and Administrative Law, USCG, Department the week on account of personal rea- tation and Infrastructure. of Homeland Security, transmitting the De- 691. A letter from the Program Analyst, sons. partment’s final rule — Security Zone; Ever- Mr. LATOURETTE (at the request of FAA, Department of Transportation, trans- green Point Bridge, Lake Washington, Wash- mitting the Department’s final rule — IFR Mr. BOEHNER) for today on account of ington [CGD13-06-029] (RIN: 1625-AA87) re- Altitudes; Miscellaneous Amendments personal reasons. ceived February 13, 2007, pursuant to 5 U.S.C. [Docket No. 30529; Amdt. No. 465] received Mr. TIAHRT (at the request of Mr. 801(a)(1)(A); to the Committee on Transpor- February 27, 2007, pursuant to 5 U.S.C. BOEHNER) for today and March 6 on ac- tation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- count of attending a funeral. 682. A letter from the Chief, Regulations tation and Infrastructure. Mrs. EMERSON (at the request of Mr. and Administrative Law, USCG, Department 692. A letter from the Program Analyst, of Homeland Security, transmitting the De- BOEHNER) for today on account of ill- FAA, Department of Transportation, trans- partment’s final rule — Security Zone: ness. mitting the Department’s final rule — IFR USAV CANEY, Port of Ponce, Puerto Rico, Altitudes; Miscellaneous Amendments f United States [COTP San Juan 06-087] (RIN: [Docket No. 30523; Amdt. No. 464] received SPECIAL ORDERS GRANTED 1625-AA00) received February 13, 2007, pursu- February 27, 2007, pursuant to 5 U.S.C. ant to 5 U.S.C. 801(a)(1)(A); to the Committee 801(a)(1)(A); to the Committee on Transpor- By unanimous consent, permission to on Transportation and Infrastructure. tation and Infrastructure. address the House, following the legis- 683. A letter from the Chief, Regulations 693. A letter from the Program Analyst, lative program and any special orders and Administrative Law, USCG, Department FAA, Department of Transportation, trans- heretofore entered, was granted to: of Homeland Security, transmitting the De- mitting the Department’s final rule — (The following Members (at the re- partment’s final rule — Security Zone; Cap- Standard Instrument Approach Procedures; tain of the Port Sault Ste. Marie Zone, Che- quest of Mr. CARNAHAN) to revise and Miscellaneous Amendments [Docket No. boygan River, Cheboygan, MI [CGD09-06-045] 30524; Amdt. No. 3195] received February 27, extend their remarks and include ex- (RIN: 1625-AA87) received February 13, 2007, traneous material:) 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Committee on Transportation and Infra- Mr. CARNAHAN, for 5 minutes, today. mittee on Transportation and Infrastruc- structure. Ms. WOOLSEY, for 5 minutes, today. ture. 694. A letter from the Program Analyst, Mrs. MCCARTHY of New York, for 5 684. A letter from the Chief, Regulations FAA, Department of Transportation, trans- minutes, today. and Administrative Law, USCG, Department mitting the Department’s final rule — Mr. DEFAZIO, for 5 minutes, today. of Homeland Security, transmitting the De- Standard Instrument Approach Procedures, Ms. NORTON, for 5 minutes, today. partment’s final rule — Security Zone; Weather Takeoff Minimums; Miscellaneous (The following Members (at the re- Dogue Creek, Fairfax County, Virginia Amendments [Docket No. 30521; Amdt. No. [CGD05-06-090] (RIN: 1625-AA87) received Feb- quest of Mr. JONES of North Carolina) 3192] received February 27, 2007, pursuant to ruary 13, 2007, pursuant to 5 U.S.C. to revise and extend their remarks and 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- Transportation and Infrastructure. include extraneous material:) tation and Infrastructure. 695. A letter from the Program Analyst, Mr. POE, for 5 minutes, today and 685. A letter from the Chief, Regulations FAA, Department of Transportation, trans- March 6 and 7. and Administrative Law, USCG, Department mitting the Department’s final rule — Mr. SHADEGG, for 5 minutes, March 6. of Homeland Security, transmitting the De- Standard Instrument Approach Procedures, Mr. AKIN, for 5 minutes, March 6. partment’s final rule — Security Zone; Pier Weather Takeoff Minimums; Miscellaneous Mr. GARRETT of New Jersey, for 5 66, Seattle, Washington [CGD13-06-013] (RIN: Amendments [Docket No. 30525; Amdt. No. minutes, March 6. 1625-AA00) received February 13, 2007, pursu- 3196] received February 27, 2007, pursuant to Mr. SALI, for 5 minutes, March 6, 7, ant to 5 U.S.C. 801(a)(1)(A); to the Committee 5 U.S.C. 801(a)(1)(A); to the Committee on and 8. on Transportation and Infrastructure. Transportation and Infrastructure. 686. A letter from the Chief, Regulations 696. A letter from the Program Analyst, Mr. BURGESS, for 5 minutes, today. and Administrative Law, USCG, Department FAA, Department of Transportation, trans- Mr. DREIER, for 5 minutes, today and of Homeland Security, transmitting the De- mitting the Department’s final rule — March 6, 7, 8, and 9. partment’s final rule — Security Zone; St. Standard Instrument Approach Procedures; Mr. BURTON of Indiana, for 5 minutes, John’s River, Jacksonville, FL to Ribault Miscellaneous Amendments [Docket No. today and March 6, 7, 8, and 9. Bay [COTP Jacksonville 06-045] (RIN: 1625- 30526; Amdt. No. 3197] received February 27,

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2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the By Mr. LINCOLN DIAZ-BALART of LAHOOD, Mrs. JO ANN DAVIS of Vir- Committee on Transportation and Infra- Florida (for himself, Mr. WAXMAN, ginia, Mr. SHIMKUS, Mr. COSTELLO, structure. Ms. SOLIS, Ms. ROS-LEHTINEN, Mr. Mr. ALEXANDER, and Mr. MANZULLO): 697. A letter from the Program Analyst, PALLONE, Mr. MARIO DIAZ-BALART of H.R. 1316. A bill to provide institutions of FAA, Department of Transportation, trans- Florida, Mr. RANGEL, Mr. LAHOOD, higher education with a right of action mitting the Department’s final rule — Mr. FATTAH, Mr. PRICE of North against entities that improperly regulate Standard Instrument Approach Procedures, Carolina, Mr. LANTOS, and Mr. GENE intercollegiate sports activities; to the Com- Weather Takeoff Minimums; Miscellaneous GREEN of Texas): mittee on Education and Labor. Amendments [Docket No. 30527; Amdt. No. H.R. 1308. A bill to amend titles XIX and By Ms. EDDIE BERNICE JOHNSON of 3198] received February 27, 2007, pursuant to XXI of the Social Security Act to permit Texas: 5 U.S.C. 801(a)(1)(A); to the Committee on States the option of coverage of legal immi- H.R. 1317. A bill to establish a demonstra- Transportation and Infrastructure. grants under the Medicaid Program and the tion project to train unemployed workers for 698. A letter from the Program Analyst, State children’s health insurance program employment as health care professionals, FAA, Department of Transportation, trans- (SCHIP); to the Committee on Energy and and for other purposes; to the Committee on mitting the Department’s final rule — Commerce, and in addition to the Committee Education and Labor, and in addition to the Standard Instrument Approach Procedures; on the Judiciary, for a period to be subse- Committee on Energy and Commerce, for a Miscellaneous Amendments [Docket No. quently determined by the Speaker, in each period to be subsequently determined by the 30528; Amdt. No. 3199] received February 27, case for consideration of such provisions as Speaker, in each case for consideration of 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the fall within the jurisdiction of the committee such provisions as fall within the jurisdic- Committee on Transportation and Infra- concerned. tion of the committee concerned. structure. By Mr. CLAY (for himself, Mr. PLATTS, By Mr. LEWIS of Kentucky: 699. A letter from the Program Analyst, and Mr. WAXMAN): H.R. 1318. A bill to amend title 38, United H.R. 1309. A bill to promote openness in FAA, Department of Transportation, trans- States Code, to repeal the authority for Government by strengthening section 552 of mitting the Department’s final rule — agent or attorney representation in veterans title 5, United States Code (commonly re- Standard Instrument Approach Procedures, benefits cases before the Department of Vet- ferred to as the Freedom of Information Weather Takeoff Minimums; Miscellaneous erans Affairs; to the Committee on Veterans’ Act), and for other purposes; to the Com- Affairs. Amendments [Docket No. 30493; Amdt. No. mittee on Oversight and Government Re- 3166] received February 27, 2007, pursuant to By Mr. MATHESON: form. H.R. 1319. A bill to authorize an additional 5 U.S.C. 801(a)(1)(A); to the Committee on By Mr. ALTMIRE: Transportation and Infrastructure. use of the property containing the Mount H.R. 1310. A bill to amend part D of title Olivet Cemetery in Salt Lake City, Utah, 700. A letter from the Program Analyst, XVIII of the Social Security Act to waive FAA, Department of Transportation, trans- that was conveyed by the United States to the late enrollment penalty under such part the Mount Olivet Cemetery Association in mitting the Department’s final rule — IFR for 2006 and 2007 and to fully subsidize any Altitudes; Miscellaneous Amendments 1909, to authorize the reconveyance of the such penalties subsequently imposed for part property subject to certain use restrictions, [Docket No. 30495; Amdt. No. 461] received D subsidy-eligible individuals; to the Com- and for other purposes; to the Committee on February 27, 2007, pursuant to 5 U.S.C. mittee on Energy and Commerce, and in ad- Natural Resources. 801(a)(1)(A); to the Committee on Transpor- dition to the Committee on Ways and Means, tation and Infrastructure. By Mr. RUSH: for a period to be subsequently determined H.R. 1320. A bill to protect important exist- f by the Speaker, in each case for considering television band devices in the unas- ation of such provisions as fall within the ju- signed, non-licensed television channels from REPORTS OF COMMITTEES ON risdiction of the committee concerned. harmful interference from new devices; to By Ms. BERKLEY (for herself, Mr. PUBLIC BILLS AND RESOLUTIONS the Committee on Energy and Commerce. PORTER, and Mr. HELLER): By Mr. RUSH: Under clause 2 of rule XIII, reports of H.R. 1311. A bill to direct the Secretary of H.R. 1321. A bill to amend title XVIII of the committees were delivered to the Clerk the Interior to convey the Alta-Hualapai Social Security Act to improve payments for printing and reference to the proper Site to the city of Las Vegas, Nevada, for the under the Medicare clinical laboratory fee development of a cancer treatment facility; calendar, as follows: schedule; to the Committee on Energy and to the Committee on Natural Resources. Mr. GEORGE MILLER: Committee on Edu- Commerce, and in addition to the Committee By Mr. BERMAN (for himself, Mrs. cation and Labor. H.R. 493. A bill to prohibit on Ways and Means, for a period to be subse- BLACKBURN, Mr. WEINER, Mr. COBLE, discrimination on the basis of genetic infor- quently determined by the Speaker, in each Mr. NADLER, Mr. CHABOT, Mr. SCHIFF, mation with respect to health insurance and case for consideration of such provisions as and Mr. DANIEL E. LUNGREN of Cali- employment; with an amendment (Rept. 110– fall within the jurisdiction of the committee 28, Pt. 1). Ordered to be printed. fornia): H.R. 1312. A bill to expedite adjudication of concerned. Ms. MILLENDER-MCDONALD: Committee employer petitions for aliens of extraor- By Mr. TIERNEY (for himself, Mr. on House Administration. H. Res. 202. A reso- dinary artistic ability; to the Committee on ABERCROMBIE, Mr. ACKERMAN, Mr. lution providing for the expenses of certain the Judiciary. BERMAN, Mr. CONYERS, Mr. committees of the House of Representatives By Mr. BILIRAKIS (for himself, Mrs. DELAHUNT, Mr. DOGGETT, Mr. DOYLE, in the One Hundred Tenth Congress; with an NGEL RANK MALONEY of New York, Mr. MICA, and Mr. E , Mr. F of Massachu- amendment (Rept. 110–29). Referred to the RIJALVA INCHEY Mr. PASCRELL): setts, Mr. G , Mr. H , House Calendar. H.R. 1313. A bill to direct the Joint Com- Ms. HOOLEY, Ms. JACKSON-LEE of Mr. OBERSTAR: Committee on Transpor- mittee on the Library to obtain a statue of Texas, Mr. KAGEN, Mr. KENNEDY, Mr. tation and Infrastructure. H.R. 720. A bill to Constantino Brumidi for display in the Cap- KILDEE, Mr. KUCINICH, Mr. LANTOS, amend the Federal Water Pollution Control itol Visitor Center; to the Committee on Ms. ZOE LOFGREN of California, Mrs. Act to authorized appropriations for State House Administration. LOWEY, Mr. LYNCH, Mrs. MALONEY of water pollution control revolving funds, and By Mrs. BLACKBURN (for herself, Mr. New York, Mrs. MCCARTHY of New for other purposes, with an amendment PRICE of Georgia, Mr. GARY G. MIL- York, Ms. MCCOLLUM of Minnesota, (Rept. 110–30). Referred to the Committee of LER of California, and Mr. ROYCE): Mr. MCDERMOTT, Mr. MCGOVERN, Mr. the Whole House on the State of the Union. H.R. 1314. A bill to provide that only cer- MEEHAN, Mr. MICHAUD, Mr. GEORGE f tain forms of identification of individuals MILLER of California, Mr. MORAN of may be accepted by the Federal Government Virginia, Mr. MURTHA, Ms. NORTON, TIME LIMITATION OF REFERRED and by financial institutions; to the Com- Mr. OBERSTAR, Mr. OLVER, Mr. ROTH- BILL mittee on Oversight and Government Re- MAN, Mr. SHERMAN, Ms. SLAUGHTER, Pursuant to clause 2 of rule XII the form, and in addition to the Committee on Mr. STARK, and Mr. WEXLER): Financial Services, for a period to be subse- H.R. 1322. A bill to amend title I of the Em- following action was taken by the quently determined by the Speaker, in each ployee Retirement Income Security Act of Speaker: case for consideration of such provisions as 1974 to provide emergency protection for re- H.R. 493. Referral to the Committee on En- fall within the jurisdiction of the committee tiree health benefits; to the Committee on ergy and Commerce and Ways and Means ex- concerned. Education and Labor, and in addition to the tended for a period ending not later than By Ms. HERSETH: Committee on the Budget, for a period to be March 23, 2007. H.R. 1315. A bill to amend title 38, United subsequently determined by the Speaker, in States Code, to provide specially adaptive each case for consideration of such provi- f housing assistance to certain disabled mem- sions as fall within the jurisdiction of the PUBLIC BILLS AND RESOLUTIONS bers of the Armed Forces residing tempo- committee concerned. rarily in housing owned by a family member; By Mr. SALAZAR (for himself and Mr. Under clause 2 of rule XII, public to the Committee on Veterans’ Affairs. PERLMUTTER): bills and resolutions were introduced By Mr. JOHNSON of Illinois (for him- H.R. 1323. A bill to authorize a major med- and severally referred, as follows: self, Mr. HASTERT, Mr. KIRK, Mr. ical facility project for the Department of

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Veterans Affairs at Denver, Colorado; to the and the United States; to the Committee on FRELINGHUYSEN, Mr. HUNTER, Mr. GOOD- Committee on Veterans’ Affairs. Foreign Affairs. LATTE, Mr. BARRETT of South Carolina, and By Mr. SAXTON: By Ms. SCHAKOWSKY: Mr. HALL of Texas. H.R. 1324. A bill to urge the Secretary of H. Res. 212. A resolution recognizing and H.R. 440: Ms. JACKSON-LEE of Texas and State to designate the Quds Force, a unit of honoring the 70th Anniversary of the found- Mrs. MCCARTHY of New York. Iran’s Islamic Revolutionary Guards Corps, ing of the National Association for College H.R. 468: Mr. BRADY of Pennsylvania and as a foreign terrorist organization; to the Admission Counseling; to the Committee on Ms. DEGETTE. Committee on Foreign Affairs, and in addi- Education and Labor. H.R. 489: Mr. MILLER of Florida. tion to the Committee on the Judiciary, for By Mr. WYNN (for himself, Mr. CON- H.R. 491: Mr. PATRICK MURPHY of Pennsyl- a period to be subsequently determined by YERS, Mr. PAYNE, Mr. WALSH of New vania. the Speaker, in each case for consideration York, Mr. BLUMENAUER, and Mr. H.R. 493: Mr. WYNN, Mr. CRAMER, Mr. of such provisions as fall within the jurisdic- FRANK of Massachusetts): ETHERIDGE, and Mr. ROSS. tion of the committee concerned. H. Res. 213. A resolution expressing the H.R. 503: Mr. WAXMAN, Mr. CAPUANO, and By Mr. SIRES: sense of the House of Representatives that a Mr. CHABOT. H.R. 1325. A bill to require the Government United Nations Emergency Peace Service ca- H.R. 508: Mr. ROTHMAN. of Iraq to match, dollar for dollar, the pable of intervening in the early stages of a H.R. 511: Mr. BROWN of South Carolina. amount of United States assistance awarded humanitarian crisis could save millions of H.R. 566: Mr. COHEN. for the reconstruction of Iraq; to the Com- lives, billions of dollars, and is in the inter- H.R. 612: Mr. CANNON. mittee on Foreign Affairs. ests of the United States; to the Committee H.R. 621: Mr. EVERETT, Mr. DOYLE, Mr. LIN- By Mr. SMITH of Texas: on Foreign Affairs. COLN DAVIS of Tennessee, and Mr. SHUSTER. H.R. 1326. A bill to promote openness in H.R. 625: Mr. CAMPBELL of California, Ms. Government by strengthening section 552 of f ROYBAL-ALLARD, and Mr. THOMPSON of Cali- fornia. title 5, United States Code (commonly re- ADDITIONAL SPONSORS ferred to as the Freedom of Information H.R. 627: Mr. MURPHY of Connecticut. Act), and for other purposes; to the Com- Under clause 7 of rule XII, sponsors H.R. 634: Mr. BILBRAY, Ms. BEAN, Ms. ZOE mittee on Oversight and Government Re- were added to public bills and resolu- LOFGREN of California, Mr. SPACE, Mr. WAMP, form. tions as follows: Mr. GENE GREEN of Texas, Mr. PASTOR, Mr. By Mr. KUCINICH (for himself, Mr. HASTINGS of Florida, Mr. CLYBURN, Mr. WU, H.R. 12: Ms. SCHAKOWSKY. SHIMKUS, Mr. EMANUEL, Mr. HASTERT, Mrs. BIGGERT, Mr. KENNEDY, Mr. HALL of H.R. 20: Mr. DAVIS of Illinois, Ms. MOORE of Mr. DINGELL, Ms. KAPTUR, Mr. RAN- New York, and Mr. KING of New York. Wisconsin, and Mr. CONYERS. GEL, Ms. SCHAKOWSKY, Ms. H.R. 645: Mr. OLVER and Ms. SCHAKOWSKY. H.R. 23: Mr. COHEN, Mr. BOUSTANY, Mr. VELA´ ZQUEZ, Mr. LIPINSKI, Ms. WAT- H.R. 654: Mr. BAIRD, Mr. BRADY of Pennsyl- MORAN of Kansas, Mr. MURTHA, Mr. HONDA, SON, Mr. GRIJALVA, Ms. MOORE of vania, and Mr. BECERRA. Ms. BERKLEY, Mr. PORTER, Mr. DUNCAN, Mr. Wisconsin, Mr. PASCRELL, Mrs. H.R. 663: Mr. DEFAZIO. KANJORSKI, Ms. CORRINE BROWN of Florida, MCCARTHY of New York, Mr. GUTIER- H.R. 664: Mr. ROYCE. Mr. DOYLE, and Ms. WOOLSEY. REZ, Mr. HIGGINS, Ms. JACKSON-LEE of H.R. 670: Mr. SMITH of Texas. H.R. 36: Mr. BOOZMAN and Mr. KNOLLEN- Texas, Mr. DOYLE, Mr. RYAN of Ohio, H.R. 675: Mr. CARNEY. BERG. Mr. ARCURI, Mr. COSTELLO, Mr. CAR- H.R. 684: Mr. KAGEN. H.R. 111: Mrs. CHRISTENSEN, Mr. MCINTYRE, NEY, and Mr. MURPHY of Con- H.R. 695: Mr. GENE GREEN of Texas, Mr. Mr. TOWNS, Ms. LINDA T. SA´ NCHEZ of Cali- necticut): KIND, Mr. KILDEE, Mrs. MCCARTHY of New H.J. Res. 39. A joint resolution proclaiming fornia, Mr. SHUSTER, Ms. JACKSON-LEE of York, Mr. TOWNS, Mr. POMEROY, and Mr. Casimir Pulaski be an honorary citizen of Texas, Mr. GRIJALVA, Mr. FALEOMAVAEGA, MURPHY of Connecticut. the United States posthumously; to the Mr. BRALEY of Iowa, Mr. TANCREDO, Mr. BUR- H.R. 698: Mr. BRALEY of Iowa, Mr. SPACE, Committee on the Judiciary. GESS, Mr. EVERETT, Mr. BARROW, and Mr. Mr. GORDON, and Ms. EDDIE BERNICE JOHNSON By Mr. RANGEL: REYNOLDS. of Texas. H. Con. Res. 78. Concurrent resolution au- H.R. 122: Mr. BACA. H.R. 711: Mr. RUPPERSBERGER, Mr. MATHE- thorizing the use of the rotunda of the Cap- H.R. 171: Mr. RUSH, Mr. WYNN, Ms. NORTON, SON, Mr. CARNEY, and Mr. BOOZMAN. itol for a ceremony to award the Congres- Ms. CARSON, and Mr. MCDERMOTT. H.R. 719: Mr. CRAMER, Ms. JACKSON-LEE of sional Gold Medal to the Tuskegee Airmen; H.R. 180: Ms. NORTON. Texas, Mrs. SCHMIDT, Mr. EMANUEL, Mr. to the Committee on House Administration. H.R. 197: Mr. ISRAEL, Mr. CONYERS, Mr. MELANCON, Mr. KING of New York, Mr. PAT- By Mr. HOYER (for himself, Mr. MORAN SHAYS, Mrs. MCCARTHY of New York, Mrs. RICK MURPHY of Pennsylvania, Mrs. LOWEY, of Virginia, Mr. VAN HOLLEN, Ms. DAVIS of California, Ms. HOOLEY, Mr. FARR, Mr. POE, Mr. WALZ of Minnesota, Mr. NORTON, Mr. WYNN, and Mr. WOLF): Mrs. MALONEY of New York, Mr. KAGEN, and HUNTER, Mr. BRALEY of Iowa, Mr. MCCAUL of H. Con. Res. 79. Concurrent resolution au- Mr. GRAVES. Texas, Mr. MARSHALL, Mr. ARCURI, and Mr. thorizing the use of the Capitol Grounds for H.R. 211: Mr. SESTAK and Ms. DEGETTE. CHANDLER. the Greater Washington Soap Box Derby; to H.R. 241: Mr. GRAVES. H.R. 720: Mr. CAPUANO, Mr. CONYERS, Mr. the Committee on Transportation and Infra- H.R. 269: Mr. LEWIS of Kentucky, Ms. GONZALEZ, Mr. DELAHUNT, Mr. MORAN of Vir- structure. BORDALLO, Mr. BACHUS, Mr. MCCOTTER, and ginia, Mr. CLEAVER, Mr. GILLMOR, Ms. LO- By Mr. JOHNSON of Georgia (for him- Mr. CRAMER. RETTA SANCHEZ of California, and Mr. STU- self, Mr. FORTENBERRY, Mr. PAYNE, H.R. 277: Mr. LEWIS of Georgia and Ms. LO- PAK. Mr. LEWIS of Georgia, Mr. SHULER, RETTA SANCHEZ of California. H.R. 722: Mr. COHEN. and Ms. JACKSON-LEE of Texas): H.R. 279: Mr. GILCHREST. H.R. 723: Mr. MCINTYRE and Mrs. LOWEY. H. Con. Res. 80. Concurrent resolution call- H.R. 294: Ms. KAPTUR. H.R. 728: Mr. MEEK of Florida. ing on the Government of Uganda and the H.R. 303: Mr. CARNEY, Mr. BOSWELL, Mr. H.R. 729: Mr. DOGGETT. Lord’s Resistance Army (LRA) to recommit ALTMIRE, and Mr. KENNEDY. H.R. 743: Mr. MEEKS of New York. to a political solution to the conflict in H.R. 325: Mr. HONDA and Mr. HOLT. H.R. 760: Ms. EDDIE BERNICE JOHNSON of northern Uganda and to recommence vital H.R. 333: Ms. BERKLEY, Mr. YARMUTH, Mr. Texas, Ms. CORRINE BROWN of Florida, Mr. peace talks, and urging immediate and sub- JINDAL, Mr. SHULER, Mr. ALTMIRE, Mr. CAR- CALVERT, Mrs. TAUSCHER, and Mr. SPACE. stantial support for the ongoing peace proc- NEY, Mr. RAHALL, and Mr. LARSON of Con- H.R. 787: Mr. MCNERNEY and Mr. WEXLER. ess from the United States and the inter- necticut. H.R. 790: Ms. BERKLEY. national community; to the Committee on H.R. 349: Mr. GERLACH and Mr. SOUDER. H.R. 797: Mr. SENSENBRENNER, Mr. KAGEN, Foreign Affairs. H.R. 359: Mr. CONYERS. Mr. MCDERMOTT, Mr. MANZULLO, Mr. COHEN, By Ms. FOXX (for herself, Mr. COBLE, H.R. 368: Mr. PLATTS, Mr. FILNER, Mr. Mr. BILIRAKIS, Mr. MICHAUD, and Mr. CLEAV- Mr. HAYES, Mr. MCHENRY, Mrs. SHIMKUS, Mr. KANJORSKI, Mr. COSTELLO, Mrs. ER. MYRICK, and Mr. JONES of North MYRICK, Mr. GENE GREEN of Texas, Mrs. JO H.R. 801: Mr. KAGEN and Mr. ROSKAM. Carolina): ANN DAVIS of Virginia, Mr. JOHNSON of Illi- H.R. 808: Mr. RAHALL. H. Res. 210. A resolution commending the nois, Mr. WAMP, Ms. MCCOLLUM of Min- H.R. 811: Mr. RAHALL and Mr. MURTHA. Appalachian State University football team nesota, Mr. GERLACH, Mr. STUPAK, Mr. H.R. 819: Mr. YARMUTH, Mr. KAGEN, and Mr. for winning the 2006 National Collegiate Ath- LATOURETTE, Mr. JONES of North Carolina, SERRANO. letic Association Division I-AA Football Mr. CRAMER, Mrs. WILSON of New Mexico, H.R. 854: Mr. MURPHY of Connecticut. Championship; to the Committee on Edu- Mr. RAHALL, Mr. ISRAEL, Ms. DELAURO, and H.R. 857: Mr. SAM JOHNSON of Texas. cation and Labor. Ms. BERKLEY. H.R. 874: Mr. COHEN. By Mr. LEWIS of Kentucky: H.R. 380: Mr. GORDON, Mr. KAGEN, Mr. MUR- H.R. 875: Mr. COHEN. H. Res. 211. A resolution recognizing and PHY of Connecticut, and Mr. REYES. H.R. 886: Mr. BAIRD. supporting the long distance runs that will H.R. 388: Ms. KAPTUR. H.R. 901: Ms. BERKLEY, Ms. ZOE LOFGREN of take place in the People’s Republic of China H.R. 410: Mr. COHEN. California, and Mr. JEFFERSON. in 2007 and the United States in 2008 to pro- H.R. 411: Mr. DOOLITTLE, Mr. CAMPBELL of H.R. 942: Mr. DEFAZIO. mote friendship between the peoples of China California, Mr. SHUSTER, Mr. JINDAL, Mr. H.R. 947: Mr. FATTAH.

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H.R. 962: Mr. MCNULTY. H.R. 1250: Mr. DREIER. H. Res. 119: Ms. ROYBAL-ALLARD, Mr. ROTH- H.R. 985: Mr. ELLISON and Mr. ISRAEL. H.R. 1254: Mr. BURTON of Indiana, Mr. MAN, and Mr. BRADY of Pennsylvania. H.R. 995: Mr. SPACE and Mr. HOLDEN. YARMUTH, Mr. TOWNS, Mr. VAN HOLLEN, and H. Res. 121: Ms. ZOE LOFGREN of California, APUANO LAY L H.R. 998: Mr. C , Mr. C , Mr. A Mrs. MALONEY of New York. Mr. INSLEE, Mr. HUNTER, Mr. ISSA, Mr. REEN INOJOSA H.R. 1255: Mr. YARMUTH, Mr. TOWNS, Mr. G of Texas, and Mr. H . GRIJALVA, Mr. PAYNE, Mr. TOM DAVIS of Vir- H.R. 1012: Mr. GOHMERT. VAN HOLLEN, Mrs. MALONEY of New York, ginia, and Mrs. MCMORRIS RODGERS. H.R. 1013: Mr. MILLER of Florida. and Mr. PAUL. H.R. 1026: Mr. POE. H.R. 1261: Mr. GOHMERT, Mr. CULBERSON, H. Res. 136: Mr. KANJORSKI, Ms. HIRONO, H.R. 1034: Mr. BUTTERFIELD and Mrs. Mr. FRANKS of Arizona, Mr. HALL of Texas, Mr. MCGOVERN, Mr. MCKEON, Mr. PLATTS, CAPPS. Mr. PEARCE, Mr. MILLER of Florida, Mr. Mr. STUPAK, Mrs. EMERSON, Mr. HARE, Mr. H.R. 1055: Mr. ENGEL and Mr. LEWIS of AKIN, Mrs. BLACKBURN, Mr. SENSENBRENNER, TOWNS, Ms. SLAUGHTER, Mr. BISHOP of New Georgia. Mr. GILCHREST, Mr. HERGER, Mr. SIMPSON, York, Ms. LEE, Ms. EDDIE BERNICE JOHNSON H.R. 1061: Mr. OBERSTAR, Ms. SCHAKOWSKY, and Mr. KING of Iowa. of Texas, Ms. BERKLEY, Mrs. BOYDA of Kan- Mr. DELAHUNT, and Mr. DINGELL. H.R. 1272: Mr. FILNER. sas, Mrs. TAUSCHER, and Mr. BRALEY of Iowa. H.R. 1063: Mrs. JO ANN DAVIS of Virginia H.R. 1281: Mr. RANGEL, Mr. MCGOVERN, Mr. H. Res. 137: Mr. RANGEL. and Mr. MCHUGH. CLAY, Mrs. MALONEY of New York, and Mr. H. Res. 143: Ms. ZOE LOFGREN of California H.R. 1077: Mr. FORBES. GRIJALVA. and Ms. KAPTUR. H.R. 1085: Mr. WALBERG, Ms. FOXX, Mr. H.R. 1283: Mr. BACHUS, Mr. RAHALL, Mr. H. Res. 146: Ms. BERKLEY, Mr. COHEN, and HOEKSTRA, and Mr. LAMBORN. TIM MURPHY of Pennsylvania, Ms. PRYCE of Ms. LORETTA SANCHEZ of California. H.R. 1086: Ms. FOXX and Mr. WALBERG. Ohio, Mr. SENSENBRENNER, Ms. HIRONO, Mr. H.R. 1108: Mr. MURPHY of Connecticut, Mr. BOSWELL, Mr. REICHERT, Mr. JEFFERSON, Mr. H. Res. 149: Mr. BISHOP of New York, Mr. DENT, and Mr. BOSWELL. KIND, Mr. BONNER, Mr. RUSH, Mrs. EMANUEL, Mr. MARKEY, Mr. MARSHALL, Mr. H.R. 1126: Mr. AKIN, Mr. BUTTERFIELD, Mr. BLACKBURN, Mr. STARK, and Mr. OLVER. RUPPERSBERGER, Mr. TOWNS, Ms. GINNY ENGLISH of Pennsylvania, and Mr. COSTELLO. H.R. 1298: Ms. SLAUGHTER and Mr. ELLISON. BROWN-WAITE of Florida, Ms. CLARKE, Mrs. H.R. 1132: Ms. CARSON, Mr. GRIJALVA, Mrs. H.R. 1303: Mr. CLAY, Mr. GONZALEZ, Mr. TAUSCHER, Mrs. BOYDA of Kansas, Ms. SUT- MALONEY of New York, Ms. MCCOLLUM of CLEAVER, and Mr. STARK. TON, Ms. CARSON, Mr. PASCRELL, Ms. BEAN, Minnesota, Mr. DELAHUNT, Ms. HOOLEY, Ms. H.R. 1307: Mr. CARNEY. and Ms. WASSERMAN SCHULTZ. BORDALLO, Ms. SCHWARTZ, Mr. KIND, Ms. LEE, H.J. Res. 9: Mr. BOUSTANY. H. Res. 171: Mr. GORDON, Ms. JACKSON-LEE H. Con. Res. 9: Mr. ETHERIDGE. Mr. BOUSTANY, Mr. PLATTS, Mr. COHEN, Ms. of Texas, Mr. LANTOS, Mr. MORAN of Vir- H. Con. Res. 28: Mr. MCHUGH. WOOLSEY, and Mr. MCNULTY. ginia, Mr. ETHERIDGE, Mr. WOLF, Mr. BUYER, H. Con. Res. 43: Mrs. JONES of Ohio. H.R. 1137: Mr. CARNEY. H. Con. Res. 71: Mr. SPRATT, Mr. ENGEL, Mr. CLAY, Mr. CARNEY, Mr. BOUSTANY, and H.R. 1154: Mr. REYES, Mr. TOWNS, Mr. CAS- and Mr. VISCLOSKY. Mr. JOHNSON of Georgia. TLE, Mr. BARTLETT of Maryland, Mr. KING of H. Con. Res. 75: Ms. SCHAKOWSKY and Mr. H. Res. 175: Mr. MCGOVERN and Mr. ROTH- Iowa, Mr. BOUSTANY, Mr. MCHENRY, Mr. ROTHMAN. MAN. GINGREY, Mr. CONAWAY, Mr. RUSH, Mr. WYNN, H. Res. 37: Mr. RUSH, Mr. LEWIS of Georgia, H. Res. 179: Mr. TOM DAVIS of Virginia and Mr. DOGGETT, Mr. MURTHA, Mr. MORAN of Mr. WAXMAN, and Mr. GENE GREEN of Texas. Mr. WAXMAN. Virginia, Mr. PASCRELL, Mr. KUCINICH, Mr. H. Res. 67: Mr. ENGEL. MEEK of Florida, Mr. GILLMOR, Mr. YOUNG of H. Res. 100: Mr. PRICE of North Carolina, H. Res. 185: Mr. HONDA, Ms. SCHAKOWSKY, Alaska, Mr. MARSHALL, Mr. MCDERMOTT, Mr. Mr. FILNER, Ms. ZOE LOFGREN of California, and Mr. ROTHMAN. WALDEN of Oregon, Mr. GILCHREST, Mr. Ms. BERKLEY, Ms. KAPTUR, Mr. GENE GREEN H. Res. 186: Mr. SMITH of New Jersey, Mrs. TERRY, Mrs. WILSON of New Mexico, and Mr. of Texas, and Ms. ROYBAL-ALLARD. DRAKE, Mr. WEINER, Mr. PAUL, Mr. HIGGINS, WELDON of of Florida. H. Res. 107: Mr. BOREN, Mrs. BLACKBURN, Mr. FARR, Mr. HASTINGS of Florida, Mr. FIL- H.R. 1155: Mr. COHEN, Mr. MCNULTY, and Mr. LEVIN, Mr. GONZALEZ, Mr. COHEN, Mr. NER, and Mr. ROHRABACHER. Mr. JEFFERSON. LAMBORN, Mr. MURPHY of Connecticut, Mr. H. Res. 196: Ms. JACKSON-LEE of Texas, Mrs. H.R. 1187: Mr. FARR. SAXTON, Mr. TIBERI, Mr. FERGUSON, and Mr. TAUSCHER, Mr. REYES, Ms. LEE, Mr. H.R. 1188: Mr. RANGEL and Mr. PLATTS. LINDER. GRIJALVA, and Mr. FARR. H.R. 1192: Mr. GRIJALVA, Mr. HINCHEY, and H. Res. 111: Mr. ALTMIRE, Mr. BILIRAKIS, H. Res. 197: Mr. BLUMENAUER, Ms. LEE, Mr. RUSH. and Mr. SESSIONS. Mrs. TAUSCHER, and Mr. TOWNS. H.R. 1228: Ms. NORTON and Mr. MOORE of H. Res. 117: Mr. ALTMIRE. Kansas. H. Res. 118: Mr. CROWLEY, Mr. HONDA, Mr. H. Res. 208: Mrs. JO ANN DAVIS of Virginia. H.R. 1246: Mr. COURTNEY. GRIJALVA, and Mr. WAXMAN. H. Res. 209: Ms. CASTOR.

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Vol. 153 WASHINGTON, MONDAY, MARCH 5, 2007 No. 37 Senate The Senate met at 1:30 p.m. and was The legislative clerk read the fol- announce our vote schedule, which is called to order by the Honorable BEN- lowing letter: at 5:30 today. However, Members are JAMIN L. CARDIN, a Senator from the U.S. SENATE, alerted that a vote or votes could occur State of Maryland. PRESIDENT PRO TEMPORE, at 5:30 today. I will provide more infor- Washington, DC, March 5, 2007. mation as the day proceeds. To the Senate: PRAYER f Under the provisions of rule I, paragraph 3, The Chaplain, Dr. Barry C. Black, of- of the Standing Rules of the Senate, I hereby RECOGNITION OF THE MINORITY fered the following prayer: appoint the Honorable BENJAMIN L. CARDIN, LEADER Let us pray. a Senator from the State of Maryland, to Our Father, thank You for Your pa- perform the duties of the Chair. The ACTING PRESIDENT pro tem- tience. You listen to our prayers even ROBERT C. BYRD, pore. The Republican leader is recog- when we make selfish requests, and President pro tempore. nized. You guide our steps in spite of our at- Mr. CARDIN thereupon assumed the f tempts to shape our own destiny. chair as Acting President pro tempore. ORDER OF BUSINESS Today, lead our lawmakers to the f successful fulfillment of Your purposes. Mr. MCCONNELL. Mr. President, let As they strive to honor You, strength- RECOGNITION OF THE MAJORITY me respond to my good friend, the ma- en them with an endurance that will LEADER jority leader. We hope to be able to keep them strong in the face of com- The ACTING PRESIDENT pro tem- enter into an agreement to figure out plex challenges. Lord, make them pore. The majority leader is recog- how to dispose of the McCaskill and grateful that You have given them the nized. DeMint amendments on collective bar- honor of serving You and country, as f gaining for TSA. There are also two district judges on the calendar who are You remind them of the importance of SCHEDULE being faithful in small things. Lord, as noncontroversial whom we have no You bless them with Your peace, unite Mr. REID. Mr. President, this after- problem voting on this afternoon: them in their efforts to keep America noon the Senate will be in a period of Jarvey of Iowa and Lioi of Ohio. So in strong. May they so reflect Your image morning business until 3 p.m. During any event, we hope to be able to work that they will possess gentleness, kind- this time, Senators are permitted to all this out in the next few hours. ness, humility, meekness, and pa- speak for up to 10 minutes each. It is The ACTING PRESIDENT pro tem- tience. my understanding there are a number pore. The majority leader is recog- Lord, we end this prayer by asking of Members on both sides who will be nized. You to remember the family of former here to take up that time. f U.S. Senator Thomas Eagleton and the At 3 p.m., the Senate will resume consideration of the 9/11 legislation, S. IN MEMORY OF FORMER SENATOR many others who mourn his death. TOM EAGLETON We pray in Your great Name. Amen. 4. We have been told a number of Mem- bers want to offer amendments. I hope Mr. REID. Mr. President, I received a f that is the case. So I look forward to call yesterday that Tom Eagleton died. PLEDGE OF ALLEGIANCE them coming to the Senate Chamber Tom Eagleton was a wonderful man. He The Honorable BENJAMIN L. CARDIN today to offer those amendments. served in the Senate representing the led the Pledge of Allegiance, as follows: Last week, the Republican leader’s State of Missouri from 1968 to 1987. I pledge allegiance to the Flag of the staff and my staff, along with the rel- I got to know Senator Eagleton. I United States of America, and to the Repub- evant committee staff, were negoti- met him when I was in the House of lic for which it stands, one nation under God, ating a time when the Senate would Representatives. He had previously, indivisible, with liberty and justice for all. vote on the collective bargaining prior to coming to the Senate, been f amendment. I understand that has elected Missouri’s attorney general and been offered by Senator DEMINT. The Lieutenant Governor. APPOINTMENT OF ACTING proposal is for the amendment to be One thing I wish to mention very PRESIDENT PRO TEMPORE voted on at 2:30 on Tuesday. We hope briefly today: He was selected by Sen- The PRESIDING OFFICER. The that can be accomplished sometime ator McGovern to be his Vice Presi- clerk will please read a communication early this afternoon as to whether we dent. As some will recall, that lasted to the Senate from the President pro will be able to lock in this agreement. only 2 or 3 weeks because it came out tempore (Mr. BYRD). I will be in a position at that time to he had received some attention for a

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

S2567

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We need to make made progress in accepting people who present time and to maintain the qual- sure VA has the resources necessary to have emotional problems for whatever ity of VA medical services through the provide for specialist examinations and reason, that they are just as sick as upcoming fiscal year. appropriate testing so that veterans someone who has other kinds of prob- This amount would also provide the who file claims for headaches, memory lems. It is too bad there will always be VA with resources to absorb the thou- loss, and other effects of TBI may be this asterisk with Tom Eagleton. How- sands of service members presently on properly compensated and rehabili- ever, he was selected to be Senator medical hold at Walter Reed and in tated. McGovern’s Vice President but was not other military facilities. There is no We also recommended an increase of able to continue in that position be- question we must ensure these brave $693 million over the administration’s cause of a medical condition. men and women are provided the best request for VA mental health pro- He was a wonderful man who served care possible. grams. These funds are essential to in the Navy. He graduated from Har- Today’s Washington Post leads with guarantee timely access to mental vard Law School. His father was a law- a story titled, ‘‘It Is Just Not Walter health services for veterans of the glob- yer who loved politics and ran for pub- Reed.’’ The story focuses on the var- al war on terror and prior conflicts, in- lic office in Missouri. He served on the ious Federal facilities across the sys- cluding the Vietnam war. We have St. Louis Police Board and the Board tem, including VA facilities. I urge my heard too many stories already of vet- of Education. colleagues to understand that at the erans in crisis who were unable to see Tom is survived by his wife, the heart of any solution to improve care a mental health professional because of former Barbara Ann Smith. They maris increasing resources to match de- a lack of staff or beds at VA facilities. ried in 1956. He has two children. He mand and to ensure the facilities them- It is about time we fully fund VA’s left the Senate 20 years ago, as I indi- selves are up to par. mental health programs so that not I intend to hold a hearing later this cated earlier. He was a tremendously one more troubled veteran finds him- month on cooperation between VA and good Senator. As the Chaplain indi- self or herself on the street for lack of the Department of Defense on the cated today, our prayers go out to his therapy, counseling or, far worse, takes treatment of injured service members, his or her own life. family. Senator Eagleton will be and I will pursue the situation at Wal- As chairman of the Committee on missed. He has made his mark on our ter Reed and other military treatment Veterans’ Affairs, I am deeply com- country and the world. He fought for facilities that are handling the bulk of mitted to having all in Congress recog- clean water and clean air. He had returning Iraq and Afghanistan war nize the reality that meeting the needs strong beliefs on the conflict in Viet- veterans to ensure the Government is of veterans is truly part of the ongoing nam. He showed, over a lifetime, that helping those who have been injured in costs of war. I urge my fellow Senators one man can make a difference. service to our country and their fami- to join us as we work to uphold our end So, Mr. President, I hope all Senators lies. will pause to reflect on the service this I wish to highlight a few of the ac- of the bargain by giving our Nation’s great man made to our country. I am counts for which we are seeking sub- veterans accessible first-rate medical sure we should all understand if we stantial increases. care. We owe it to them and they de- patterned our political career after In our estimate, we recommended an serve it. Tom Eagleton, we could not go wrong. additional $300 million for treatment of Madam President, I suggest the absence of a quorum. f traumatic brain injuries. These funds will support the expansion of VA’s ca- The PRESIDING OFFICER (Mrs. RESERVATION OF LEADER TIME pacity and will help to resolve case MCCASKILL). The clerk will call the The ACTING PRESIDENT pro tem- management problems identified in an roll. pore. Under the previous order, the IG investigation last summer. Trau- The legislative clerk proceeded to leadership time is reserved. matic brain injuries are turning out to call the roll. be the hallmark of this war. We simply Mr. DORGAN. Madam President, I f must ensure that VA has the resources ask unanimous consent that the order MORNING BUSINESS to do more than just keep up but to be- for the quorum call be rescinded. The PRESIDING OFFICER. Without The ACTING PRESIDENT pro tem- come a leader in brain injury care. The recent televised account of ABC objection, it is so ordered. pore. Under the previous order, the Mr. DORGAN. Madam President, I Senate will proceed to a period of newsman Bob Woodruff’s long recovery from a brain injury endured in Iraq has ask unanimous consent to speak in morning business until 3 p.m., with morning business for up to 30 minutes. Senators permitted to speak therein highlighted the suffering of new veterans and their families. Looking at The PRESIDING OFFICER. The Sen- for up to 10 minutes each. these young soldiers with such dev- ator has that right. The Senator from The Senator from Hawaii is recog- astating injuries reminds us of the true North Dakota is recognized. nized. costs of war. f Mr. AKAKA. Mr. President, I ask We know the transition from DOD to VA HEALTH CARE unanimous consent that I be given 10 VA can be a tough one. This is even minutes to speak in morning business. more true for those veterans suffering Mr. DORGAN. Madam President, this The ACTING PRESIDENT pro tem- with TBI. At the start of this war, VA morning in the Washington Post news- pore. The Senator has that right. was unprepared to deal with returning paper, there is a story that is head- Mr. AKAKA. Thank you, Mr. Presi- service members with injuries of all lined: dent. kinds. The budgets in the early years It Is Just Not Walter Reed. Soldiers Share f underestimated these costs, and many Trouble Stories of Military Health Care VA facilities were caught flatfooted. Across the U.S. VETERANS MEDICAL CARE Over the last year, VA has made I read that story and have read the Mr. AKAKA. Mr. President, last strides in improving the lead brain in- previous stories in the Washington week, my majority colleagues and I on jury centers. Yet VA still has miles to Post about the issue of outpatient the Committee on Veterans’ Affairs go in caring for service members when health care at Walter Reed. I have vis- submitted the required views and esti- they return home to their commu- ited Walter Reed many times, and I mates on the administration’s fiscal nities. Many of these men and women have visited Bethesda many times, and year 2008 budget for the Department of are quite young and will live with I have visited with wounded soldiers. I Veterans Affairs. brain injuries for the rest of their lives. have spoken to doctors and nurses, In summary, we are recommending a VA must do more than simply send health care professionals, people who $2.9 billion increase over the adminis- them back to their communities. work at Walter Reed and Bethesda. I

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He asked about the President’s way diminished by these stories. was told he is No. 26 on the list to be budget that proposes a cut to inpatient The stories the Post has published admitted. Three days later he hung care for mental health in the VA sys- are accurate. The stories about the himself. tem. That is exactly the wrong thing outpatient buildings at Walter Reed This young man fought for his coun- to do. It is precisely the wrong direc- needing repair and not being repaired try, came back seeking help, and he tion to go. are accurate. The stories about the sys- didn’t get the help. So they had a fu- I received a letter from the inspector tem well beyond Washington, DC, are neral for this young man, Jonathan general 3 days after I had written to accurate stories. But I would say there Schulze, who cried out for help and him, on February 9. He writes this: are a lot of dedicated people working in didn’t get it. At the funeral was a pic- In response to your letter, my office has that system who are trying to do the ture of this young marine with his two opened an inquiry and will provide you with best they can to work as hard as they Purple Hearts, a proud young man who the results upon completion. can work to save lives and help our served his country with great valor and So the inspector general is now in- veterans. Their role needs to be under- great distinction. But his country vestigating. stood and applauded as well. didn’t serve him very well when he Let me also say I worry about the Even as I say that, let me describe came back with very serious problems. leadership there. I don’t know what something else. As the headline says: I came to the floor of the Senate and causes this, but here is what the head ‘‘It Is Just Not Walter Reed.’’ It was said I was sending the inspector gen- of the VA said at the Veterans’ Affairs over a month ago I was on the floor of eral a request that he investigate what Committee hearing on February 13. He the Senate, and what brought me to has happened here. What happened says: the floor of the Senate to talk about when this young man goes to a hospital There is no veteran who is in need of, as I these issues was this story in the Min- and says: I am thinking of committing say, emergent or emergency care that neapolis Star Tribune. The story says suicide, I need to be admitted to your doesn’t get it immediately. in the headline: hospital, and is turned away? How does Let me say that again. This is a This Marine’s Death Came After He Served that happen? Is it an isolated instance? quote from Mr. Nicholson, who runs in Iraq. When Jonathan Schulze came home Last week a mother called me. She the VA system: from Iraq, he tried to live a normal life, but told me her son had come back from There is no veteran who is in need of, as I the war kept that from happening. Iraq and he had very serious problems. say, emergent or emergency care that The story talks about this young They went to the VA hospital. This is doesn’t get it immediately. man who went to Iraq when America a young man coming back from sol- Well, Jonathan Schulze didn’t get it. asked him to go fight for his country, diering in Iraq with very serious emo- He showed up with his bags packed and was engaged in some bitter, difficult tional problems, a substance abuse ad- told the VA he was thinking of com- fighting, and when he came back from diction, he couldn’t sleep, and at night mitting suicide and needed to be ad- Iraq, he had very serious problems; would pull the covers over his head and mitted, and he was sent home. He very significant, serious difficulties, scream, wake up from nightmares. So didn’t get the help. That was emer- and he couldn’t deal with them. As they went to the VA system and his gency help that was needed. I don’t un- they buried this young man who com- mother said: We really didn’t get much derstand how the Secretary can say mitted suicide, on his casket was rec- help. They had very limited capability this. Clearly there are soldiers around ognition of his two Purple Hearts to help; not enough staff. So she said: the country who are released from in- earned from his service in Iraq. He was We worked through the private sector patient care at Walter Reed and Be- a real soldier in some of the bloodiest with some psychiatrists and others for thesda, who transfer out of the active- battles of Iraq. I have spoken to his a year, and my son finally improved duty system and become a veteran, and family and they told me of this young and got much, much better, after a all of a sudden the standard of care, the man seeing the head of one of his best long year. She called me last week be- standard of rehabilitation is different. friends being blown off, some of the cause she said her son had received an That is quite clear. That is not in dis- most unbelievable things a person can alert notice that his unit was to be ac- pute. That shouldn’t be the case. We see in battle. He came back from Iraq tivated in June, likely to go back to spend hundreds of billions of dollars with very serious problems. He tried Iraq. That is why that mother was call- going to war. There is no difference be- very hard to get those problems re- ing me. But her message was in many tween a soldier on active duty and a solved. He was in and out of the VA ways about the issue of care in the VA wounded soldier who comes back home system. This story describes his cir- system. Let me say again, I have great and leaves the acute care facility of cumstances. admiration for a lot of men and women Walter Reed or Bethesda. There is no I happened to be in Minneapolis the who work in that system. I think there difference, and they ought not be treat- day this story was published in the are a lot of soldiers who get some good ed differently. Their standard of care Minneapolis Star Tribune. It was on a help. But I do think the VA is under- ought to be identical. I don’t under- Saturday. When I came back to Wash- staffed. I don’t think there is much stand a circumstance where the head of ington, DC, the following week, I came question about that. I think very sig- the VA says: to the floor of the Senate and said I nificant mistakes are made when there There is no one in need of, as I say, emer- was going to write the inspector gen- are not the resources to help. gent or emergency care that doesn’t get it eral with a request: Would you inves- When this young man comes back immediately. tigate what has happened here? This is from Iraq, Jonathan Schulze, who That is clearly not accurate. He is a man, according to this story and ac- earns two Purple Hearts and cries out the Secretary and should know it is cording to his family with whom I have for help and this country doesn’t help not accurate. I do not understand it. As spoken, who went to the VA system because somehow he falls through the I have indicated, I asked the inspector and said: I am suicidal. I have been cracks—he goes to the hospital and general to investigate the Jonathan thinking about committing suicide. I says: I need to be admitted, I am think- Schulze situation, this young man who need help. ing of committing suicide—and they committed suicide, took his life when In fact, the second time he went to send him home, there is something he showed up with his bags packed, the VA system asking to be admitted dreadfully wrong. Yes, the Washington asking to be admitted to the hospital. to the hospital, he had packed his bags Post was right this morning; this is not I hope what has happened recently will and brought them with him, hoping to just about Iraq; this is not just about persuade the President, the Secretary, be admitted. His family, standing be- Walter Reed. This is also about the VA the Congress to get this right. We owe

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Even think they don’t have the highest the President later said, in 2003: more important, I don’t understand claim on this country’s resources to I don’t know where bin Laden is. I have no when the President says he is not con- reach out and help them with every- idea and really don’t care. It is not impor- cerned about him. The top intelligence thing that is available to us? Does any- tant, and it is not our priority. chief said this is the greatest threat to one believe there is something more He also said: our country. We better be concerned important than that? If so, I want to I am not truly that concerned about him. about him—the President and the Con- know what it is. I hope very much, If the head of intelligence for this gress and the American people. We whether it is the Jonathan Schulze country says the greatest threat posed ought to be concerned enough to decide case or any of the other cases, this in- to this country by a terrorist organiza- this is a priority; it is a priority for us vestigation is thorough, complete, ur- tion is a threat that comes from al- to bring to justice those who are the gent, and is completed in a way that Qaida, a threat to our homeland to in- greatest threat to our country, the says to this President: You can’t seri- flict mass casualties, and they are in a greatest terrorist threat. ously continue to consider cutting in- secure hideout in Pakistan, and if, in That doesn’t come from me. That patient care for mental health in the fact, the President previously said as a comes from Mr. Negroponte and his VA system. part of our offensive against terror we successor who, in the last 2 months, both said the greatest terrorist threat f are also confronting the regimes that harbor and support terrorists, and if to our country is al-Qaida. They con- AMENDMENT NO. 313 TO S. 4 Pakistan is our ally and al-Qaida is lo- tinue to plot attacks against our home- Mr. DORGAN. Madam President, I cated there to train new terrorists, land with the objective of inflicting want to talk briefly about an amend- why on Earth are we not going after mass casualties, and they radiate out- ment I have offered to the underlying the leadership of al-Qaida? What ex- ward from their leaders from a secure piece of legislation. plains that? It, frankly, escapes me. hideout in Pakistan. It is unbelievable I would like to ask it be considered in I have introduced a piece of legisla- to me that 2,001 days later that we saw, morning business as a separate subject. tion that does three things: First, according to the New York Times 2 I have offered an amendment that is every 6 months, there will be a report weeks ago, ‘‘Terror Officials See Qaeda very simple. It calls for a report every from this administration to the Con- Chiefs Regaining Power.’’ 6 months by this administration on the gress—a classified report—telling us Senior leaders of al-Qaeda operating from subject of what is happening with re- where is the al-Qaida leadership. If Pakistan over the last year have set up a band of training camps in the tribal regions spect to the search for Osama bin they now say they are in a secure hide- Laden and the leadership of al-Qaida. I near the Afghan border, according to Amer- out in Pakistan, they can reaffirm ican intelligence and counterterrorism offi- hope I will get a vote on that amend- that; and, if not, where are they? ment perhaps this afternoon, and if cials. American officials said there was Second, tell us each country where mounting evidence that Osama bin Laden not, I hope by tomorrow. That amend- bin Laden, Zawahiri, and other leader- and his deputy, al-Zawahiri, have been stead- ment was one I offered last week. I ship may be and whether the govern- ily building an operations hub in the moun- want to show a couple of charts that ment of each country is cooperating tainous Pakistani tribal area of north describe why I have offered such an with our attempts to capture them. If Waziristan. amendment. these countries are allies, are they har- I don’t have the foggiest idea how Mr. Negroponte was the Director of boring these terrorists, preventing us this is allowed to continue or to hap- National Intelligence until about two from the opportunity to go and elimi- pen. In fact, my colleague and I—Sen- weeks ago. He and the current leader of nate the leadership of this terrorist or- ator CONRAD and I—offered an amend- the intelligence service have said the ganization? ment similar to this some months ago. same thing in open testimony before Third, this report will require the It was dropped in conference. Senator the Congress: heads of our intelligence and of our De- CONRAD joins me as a cosponsor of this Al-Qaida is the terrorist organization that fense Department to tell us what addi- amendment this time as well. Both of poses the greatest threat to U.S. interests, tional resources they need to capture us believe there is something missing. including to the homeland. the leadership of al-Qaida. When we offered it the last time, there He also said this: Today, it is 2,001 days—let me mark was this enormous concern about our Al-Qaida continues to plot attacks against that—since the terrorist attack offering it. It seems to me that this our homeland and other targets with the ob- against our country which murdered just makes common sense—find out jective of inflicting mass casualties. And they continue to maintain active connec- thousands of innocent Americans. what is the most significant threat to tions and relationships that radiate outward Osama bin Laden, Zawahiri, and others our country and take steps to elimi- from their leaders from a secure hideout in in al-Qaida boasted about being the nate that threat. Pakistan. perpetrators of that terrorist attack. This country took its eye off the Again, it says from their secure hide- That was 9/11/2001. issue of Afghanistan. All of us under- out in Pakistan. On September 15, 2001, Coincidentally, today is 2,001 days stand that, regrettably. I worry about 4 days after 9/11, recognizing it was al- later. The perpetrators who boasted what might happen in Afghanistan this Qaida and Osama bin Laden and the al- that they committed the terrorist acts year. We took our eye off this issue. Qaida leadership that attacked this against our country that murdered so Osama bin Laden—you haven’t heard country and boasted about it, the many thousands of Americans remain, his name around here for a long while. President said this: apparently, in a secure hideout in It was Osama ‘‘been forgotten.’’ No- We will not only deal with those who dare Pakistan and still taunt us. They send body talked about him. Even the Presi- attack Americans; we will deal with those the television and the radio stations dent said: I don’t know where he is. I who harbor them and feed them and house their videos and their voice tracks tell- don’t care. It is not important, and it is them. ing us their views of world events. not our priority. Two months later he said: I have said before on the floor of the What on Earth is that? I don’t under- As a part of our offensive against terror, Senate in recent weeks, if we have stand it. This amendment is simple. We we are also confronting the regimes that 21,000 soldiers to surge somewhere, I are asking for three steps. Every 6 harbor and support terrorists. would much prefer those 21,000 soldiers months we would like a report. What Two months following that he said: be surged to find the leadership and are you doing? What is the progress in Osama bin Laden has no place to train his eliminate the leadership of al-Qaida. I dealing with the greatest terrorist al-Qaida killers anymore. And if we find a don’t understand why this administra- threat to this country? Don’t tell us training camp, we will take care of it. tion says: We don’t know where he is. I that we don’t have time or resources to

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The frastructure would be the most vulner- gressional testimony, terrorists and clerk will call the roll. able and have the greatest negative terrorist sympathizers are seeking to The bill clerk proceeded to call the consequence on our country? recruit people within the United roll. It requires States to quickly pass on States. Of course, their goal is to find Mr. CORNYN. Madam President, I Federal funds to areas where they are individuals who do not fit the tradi- ask unanimous consent that the order most needed as well and provides great- tional terrorist model who are willing for the quorum call be rescinded. er flexibility using these funds and to engage in terrorism. Recruiting The PRESIDING OFFICER. Without that they be done consistent with fed- these individuals who blend easily into objection, it is so ordered. erally established capability standards. Mr. CORNYN. Madam President, how our society provides al-Qaida and other This amendment would allow States much time remains in morning busi- terrorists an operational advantage. to retain authority to administer grant This is not, however, an academic ness? programs, but there are penalties to The PRESIDING OFFICER. Morning discussion. Let me use one example of States that do not pass funds on to business extends until 3 p.m., and Sen- why I believe this amendment should local governments within 45 days. If a ators may speak for up to 10 minutes be adopted. State fails to pass the funds through, Intelligence documents regarding each. Mr. CORNYN. Madam President, I local governments may, under this Khalid Shaikh Mohammed—the so- ask unanimous consent to speak for up amendment, petition the Department called mastermind behind 9/11—reveal to 15 minutes. I will yield back time if of Homeland Security to receive those that he was running terrorist cells in I don’t need all of that. I also ask funds directly. the United States. These documents This is an attempt to respond to one also show that it was al-Qaida’s goal to unanimous consent that Senator WEBB be recognized following my remarks. of the concerns I hear in my State from recruit U.S. citizens and other west- The PRESIDING OFFICER. Without local governments and local authori- erners who could move freely in the objection, it is so ordered. ties that are dependent on the State United States. They targeted mosques, government to actually pass the funds prisons, and universities throughout f through. In fact, despite the good work the United States where they could AMENDMENTS TO S. 4 this body did on issues such as Hurri- identify and recruit people who they Mr. CORNYN. Madam President, I cane Katrina and Hurricane Rita relief, thought might be sympathetic to their want to speak briefly on four different we find that a lot of the funds that cause and then persuade these individ- amendments that are pending to the 9/ have been appropriated by Congress are uals to join their terrorist organiza- 11 bill that is on the Senate floor. First simply bogged down in the bureau- tion. of all, I want to talk about the issue of cratic structure when it moves from Currently—and this is a shocking homeland security grant funding. the Federal Government to the State fact—we have no statutes specifically Today, I will join with my colleague, government on to local governments. designed to punish those who recruit Senator DIANNE FEINSTEIN of Cali- So this amendment, which I hope our people to commit terrorist acts. The fornia, and several other colleagues colleagues will support and which will amendment I am offering would rem- and ask that this amendment be ac- actually result in a net increase in edy this serious gap in our law. My cepted. It stands on the principle that funds to 70 percent of the States, is amendment simply provides that it is the limited funds that are available based on two fundamental premises. against the law to recruit or, in the from the taxpayers’ pockets to pay for One is that we ought to allocate those words of the amendment, ‘‘to employ, homeland security be prioritized based limited funds based on risk, vulner- solicit, induce, command, or cause’’ on security concerns and not divvied ability, and consequence, and that we any person to commit an act of domes- up based on porkbarrel politics. ought to then try to get the money to tic terrorism, international terrorism, I realize the first instinct, perhaps, of the local officials and the local persons or Federal crime of terrorism, and any a body that represents as diverse a na- who need it most and to break it out of person convicted of doing so would face tion as ours, with 50 States, is to take this bureaucratic structure that too severe punishment. This amendment whatever amount of money there often delays funds getting to the people would also provide that anyone com- might be for any particular project and who need it most quickly. mitting this crime would be punished figure a way to divide it up 50 ways. I also have offered an amendment for up to 10 years in Federal prison. If We know our security risks are not separately, amendment No. 312, about death of an individual results, he or she based on that sort of structure or ap- which I wish to speak briefly. This is a would be punished, on a finding and proach, and it is important that we do terrorism recruiting prohibition and conviction of guilt, to death or any try to take the limited resources we penalty that is lacking under our cur- term of years or for life. If serious bod- have available for homeland security rent law. We know it has been more ily injury to any individual results, the grant funding and allocate them on a than 5 years since we were attacked on punishment would be no less than 10 risk-based approach. September 11. It is important, as time years or for no more than 25 years. This approach is pretty simple. It is works to ease the pain on that terrible I believe this is a commonsense so simple and so commonsense, it day, that we in Congress ensure we are amendment designed to fill a serious strikes me as unusual that it has not providing every possible tool to pre- gap in our Criminal Code that should already been embraced by the Con- vent another terrorist attack on Amer- not exist any longer, certainly not this gress. It is simply a system that will ican soil. We have made significant long after 9/11. I urge my colleagues to protect our most vulnerable assets and progress in updating our law enforce- support this amendment. populations, one that recognizes the ment and intelligence agencies, ena- I have also offered amendment No. need to protect the critical infrastruc- bling them to better protect us at 311, which is one that is not unfamiliar ture and vital components of our na- home and abroad, but there is still a to Members of this body. I offered this tional economy. It is vital that we bet- lot we need to do. amendment during our immigration ter allocate our limited resources to One area we must address and is ad- debates last year. It is one supported the most vulnerable places in the coun- dressed by this amendment is the issue by the Department of Homeland Secu- try that we need to protect, and that of terrorist recruiting. rity because this amendment, which re- these funds be distributed in an effi- The FBI and other agencies of the ceived bipartisan support last year, cient and timely manner. Federal Government have made it will remove current litigation barriers The principle upon which this risk- clear that al-Qaida and other terrorists impeding the ability of the Secretary based funding is premised has three are intent on striking us again. We of Homeland Security to do his job;

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.005 S05MRPT1 ccoleman on PROD1PC60 with SENATE S2572 CONGRESSIONAL RECORD — SENATE March 5, 2007 that is, enforce the immigration laws, This amendment would also require not constitutional holdings. As I men- especially as they are related to appre- courts to rule promptly on all Govern- tioned a moment ago, Congress has the hension, detention, and expedited re- ment motions to eliminate injunctions power—and, I would argue, the duty— movals of illegal aliens. in immigration cases. to address these perils to our security We know one of the most obvious If we are serious about creating an by amending the Immigration and Nat- symbols of the Federal Government’s immigration law that will actually uralization Act. Indeed, in the failure to deal with our immigration work, then we have to eliminate 19- Zadvydas opinion, the Court invited problem and our broken borders is the year-old impediments, such as the Congress to revisit the statute. now repudiated catch-and-release pro- Orantes injunction, to our ability to Another anomaly created by a recent gram where, because of lack of ade- end once and for all the failed policy of decision out of the Ninth Circuit is a quate facilities to detain individuals, catch-and-release when it comes to il- view that the Department of Homeland particularly coming from countries legal immigration. I hope my col- Security cannot even detain aliens dur- other than Mexico, they were often leagues will vote favorably for amending removal proceedings. Neither the caught and then simply released on ment No. 311, which will end this par- Zadvydas nor the Suarez Martinez deci- their own recognizance and asked to ticular impediment, now 19 years old in sion made any pronouncements on the return for a deportation hearing at a the Orantes case. Department of Homeland Security’s later time. Unsurprisingly, the vast The last amendment I have is amend- authority to detain an alien prior to majority of these individuals did not ment No. 310, known as the Zadvydas removal proceedings being completed appear for their deportation hearing amendment because this amendment and a removal order issued. but merely melted into the landscape. will strengthen the Government’s abil- My amendment, which will essen- In this particular instance, this ity to detain criminal aliens, including tially cure the defect found by the Su- amendment is designed to address a murderers, rapists, and child molest- preme Court in the Zadvydas case, will particular court-ordered permanent in- ers, until they can actually be re- clarify that an illegal criminal alien junction issued in an immigration case moved. This amendment arises out of a can be detained while removal pro- 19 years ago. This is the Orantes case. decision handed down by the U.S. Su- ceedings are ongoing. Finally, it will This Orantes injunction has hindered preme Court—it is not a constitutional provide that judicial review of ongoing the Department of Homeland Security decision; it is merely based upon a detention, as with post-order deten- to promptly remove, immediately after statute, one which Congress can fix and tion, remains available in the U.S. Dis- apprehension, Salvadoran illegal which my amendment will fix. But this trict Court for the District of Columbia aliens. decision in June of 2001 simply pro- via habeas corpus proceedings. In other While Secretary Chertoff has made vided that unless there is a reasonable words, there will be periodic adminis- great strides in increasing the number likelihood that a criminal alien who is trative review of the detentions and an of illegal aliens from countries other being held by the Government will ac- opportunity for judicial review via ha- than Mexico detained for removal tually be repatriated to their govern- beas corpus in the U.S. District Court along the southwest border and re- ment within a given period of time, for the District of Columbia, which cently ended catch-and-release at the failing that, they must be simply re- should address any constitutional con- border, the limitations contained in leased and cannot be held any longer cerns about indefinite detentions. this injunction still impede the en- by the U.S. Government. Although the It is simply unacceptable that we forcement efforts of the Department of Government has authority to detain should stand by and fail to act on this Homeland Security. suspected terrorists, under this deci- serious threat to public safety in this Similarly, other longstanding injunc- sion, it has only limited authority to country, and this sort of inaction, tions have not only impeded the ability detain criminal aliens who have been when it comes to immigration, I think of the Department of Homeland Secu- ordered removed. seriously undermines American con- rity to enforce our immigration laws Under the Zadvydas decision, the fidence in their Government. What gov- but have also consumed vast amounts Federal Government has had to release ernment would stand by and allow of resources and, in some cases, are hundreds of dangerous illegal aliens these dangerous criminal aliens to sim- now inconsistent with intervening into the American population. Among ply be released into the American changes in the law. them is Carlos Rojas Fritze, who sod- heartland when their country of origin This amendment does not eliminate omized, raped, beat, and robbed a has refused or perhaps only delayed the injunctive relief but only requires that stranger in a public restroom and repatriation of these individuals back injunctions be drawn narrowly and not called it ‘‘an act of love.’’ Tuan Thai, to their country of origin? unnecessarily impede the enforcement who repeatedly raped, tortured, and We can fix this mistake and this of our immigration laws. Congress en- terrorized women and vowed to repeat great danger to America’s national se- acted comparable legislation nar- his crimes and who also threatened to curity by adopting this amendment. rowing the basis for injunctive relief in kill his immigration judge and pros- I thank the Chair, and I yield the the Prison Litigation Reform Act of ecutor, was likewise released because floor. 1995, and that legislation has been under this decision he could not be held Mr. WEBB. Madam President, I ask upheld by the Supreme Court. pending repatriation to his country of unanimous consent to speak for up to This amendment would simply re- origin. 15 minutes in morning business. quire that courts narrowly tailor in- Guillermo Perez Aguilar, who repeat- The PRESIDING OFFICER. Without junctive relief orders against the Gov- edly committed sex crimes against objection, it is so ordered. ernment in immigration cases. Courts children and was arrested for posses- (The remarks of Senator WEBB per- must limit relief to the minimum nec- sion of a controlled substance, is also taining to the introduction of S. 759 are essary to remedy the violation; adopt an example of an individual who had to located in today’s RECORD under the least intrusive means to remedy be released into the American popu- ‘‘Statements on Introduced Bills and violations; minimize the adverse im- lation because he could no longer be Joint Resolutions.’’) pact on national security, border secu- held under our immigration laws pend- The PRESIDING OFFICER. The gal- rity, immigration administration and ing repatriation because of the leries will refrain. It is not appropriate enforcement, and public safety; and fi- Zadvydas decision. to show signs of appreciation. nally, provide an expiration date for in- The list of criminal offenders such as Mr. WEBB. Madam President, I sug- junctive relief. these is long, and it is simply unac- gest the absence of a quorum. This amendment would provide that ceptable that these individuals can The PRESIDING OFFICER. The preliminary injunctive relief would ex- roam freely in American society be- clerk will call the roll. pire in 90 days from issuance of an cause of the way our current laws are The assistant legislative clerk pro- order unless the court makes findings interpreted. ceeded to call the roll. that permanent relief is required or Zadvydas and Suarez Martinez, which Mr. LIEBERMAN. Mr. President, I makes the order final before the 90-day is another case following the Zadvydas ask unanimous consent that the order period. case, were simply statutory holdings, for the quorum call be rescinded.

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.008 S05MRPT1 ccoleman on PROD1PC60 with SENATE March 5, 2007 CONGRESSIONAL RECORD — SENATE S2573 The PRESIDING OFFICER (Mr. Federal Government’s ability to detain dan- hearing our committee held on Janu- WEBB). Without objection, it is so or- gerous criminal aliens, including murderers, ary 9 to consider this legislation, par- dered. rapists, and child molesters, until they can ticularly to draw from the testimony be removed from the United States. of three of the witnesses before the f McConnell (for Cornyn) amendment No. 311 committee that day, three women who CONCLUSION OF MORNING (to amendment No. 275), to provide for immigration injunction reform. lost loved ones on September 11, 2001. BUSINESS McConnell (for Cornyn) amendment No. 312 This is a way, before we get into the The PRESIDING OFFICER. Morning (to amendment No. 275), to prohibit the re- details of the bill, to remind ourselves business is closed. cruitment of persons to participate in ter- why this legislation is before us and rorism. what it is all about. Those three f McConnell (for Kyl) amendment No. 317 (to women who testified before our com- IMPROVING AMERICA’S SECURITY amendment No. 275), to prohibit the reward- mittee on that day, shortly after the ACT OF 2007 ing of suicide bombings and allow adequate 110th session of Congress convened, punishments for terrorist murders, The PRESIDING OFFICER. Under kidnappings, and sexual assaults. were Mary Fetchet, Carol Ashley, and the previous order, the Senate will re- McConnell (for Kyl) amendment No. 318 (to Carie Lemack. These three women, as many Mem- sume consideration of S. 4, which the amendment No. 275), to protect classified in- bers know because we have come to clerk will report. formation. McConnell (for Kyl) amendment No. 319 (to know them, have worked tirelessly in The legislative clerk read as follows: amendment No. 275), to provide for relief the last five and a half years to take A bill (S. 4) to make the United States from (a)(3)(B) immigration bars from the their grief, their loss, and bring it into more secure by implementing unfinished rec- Hmong and other groups who do not pose a ommendations of the 9/11 Commission to the public square, to the Congress, to threat to the United States, to designate the the place where laws are made, to do fight the war on terror more effectively, to Taliban as a terrorist organization for immi- improve homeland security, and for other gration purposes. everything in their power to ensure purposes. McConnell (for Kyl) amendment No. 320 (to that the tragic losses they suffered on Pending: amendment No. 275), to improve the Classi- that day would not have to be suffered fied Information Procedures Act. by any other American in the future. Reid amendment No. 275, in the nature of a McConnell (for Grassley) amendment No. Their work produced the 9/11 Com- substitute. 300 (to amendment No. 275), to clarify the mission itself. It was a tough battle to Sununu amendment No. 291 (to amendment revocation of an alien’s visa or other docu- No. 275), to ensure that the emergency com- actually create the 9/11 Commission. mentation is not subject to judicial review. People were defensive. They didn’t munications and interoperability commu- McConnell (for Grassley) amendment No. nications grant program does not exclude 309 (to amendment No. 275), to improve the want it to be done by an independent Internet Protocol-based interoperable solu- prohibitions on money laundering. commission. They wondered why it was tions. Thune amendment No. 308 (to amendment necessary. But with the help of these Salazar-Lieberman modified amendment No. 275), to expand and improve the Pro- women, we won that battle. Then when No. 290 (to amendment No. 275), to require a liferation Security Initiative while pro- the Commission reported in 2004, we quadrennial homeland security review. tecting the national security interests of the worked very hard with their help to DeMint amendment No. 314 (to amendment United States. No. 275), to strike the provision that revises adopt most of the recommendations of Cardin amendment No. 326 (to amendment the Commission by the end of that the personnel management practices of the No. 275), to provide for a study of modifica- Transportation Security Administration. tion of area of jurisdiction of Office of Na- year. This included the creation of the Lieberman amendment No. 315 (to amend- tional Capital Region Coordination. Director of National Intelligence to co- ment No. 275), to provide appeal rights and Cardin amendment No. 327 (to amendment ordinate all of our intelligence, so we employee engagement mechanisms for pas- No. 275), to reform mutual aid agreements can now connect the dots to stop a ter- senger and property screeners. for the National Capital Region. rorist act before it occurs; and the Na- McCaskill amendment No. 316 (to amend- Cardin amendment No. 328 (to amendment tional Counterterrorism Center, which ment No. 315), to provide appeal rights and No. 275), to require Amtrak contracts and is now up and running and doing the employee engagement mechanisms for pas- leases involving the State of Maryland to be senger and property screeners. same. governed by the laws of the District of Co- The statements of Mary Fetchet, Dorgan-Conrad amendment No. 313 (to lumbia. Carol Ashley, and Carie Lemack at our amendment No. 275), to require a report to Mr. LIEBERMAN. Mr. President, we Committee’s hearing explain the im- Congress on the hunt for Osama bin Laden, return now to S. 4, Improving Amer- Ayman al-Zawahiri, and the leadership of al portance of the legislation, S. 4, that is ica’s Security Act. This is the legisla- Qaida. now before the Senate, and particu- tion that emerged from the Homeland Landrieu amendment No. 321 (to amend- larly the responsibility we in Congress Security Committee in response to the ment No. 275), to require the Secretary of have to continue the unfinished work appeals of the members of the 9/11 Com- Homeland Security to include levees in the of implementing the recommendations list of critical infrastructure sectors. mission, and others, to finish the job of the 9/11 Commission and of fixing the Landrieu amendment No. 296 (to amend- we began with the previous 9/11 legisla- ment No. 275), to permit the cancellation of inadequate implementation of some of tion we adopted. We made some those recommendations or other gaps certain loans under the Robert T. Stafford progress last week in the first two days Disaster Relief and Emergency Assistance we have discovered since in our home- Act. of consideration of the bill. We will land security. Landrieu amendment No. 295 (to amend- have a vote sometime tomorrow on the I want to talk about these three ment No. 275), to provide adequate funding motion to strike the provision of the brave, patriotic women one by one, de- for local governments harmed by Hurricane bill that would give equal rights to scribe briefly who they are, and then Katrina of 2005 or Hurricane Rita of 2005. transportation security officers at the quote from their testimony. Allard amendment No. 272 (to amendment TSA. We will begin debate sometime Mary Fetchet lost her son Brad, age No. 275), to prevent the fraudulent use of So- this afternoon on alternative proposals 24, in Tower 2 of the World Trade Cen- cial Security account numbers by allowing to those presented in S. 4 for distrib- the sharing of Social Security data among ter on September 11. She is the found- agencies of the United States for identity uting homeland security grant funds. ing director of the group called Voices theft prevention and immigration enforce- We have important matters to debate of September 11th. At our hearing on ment purposes. and vote on in the next few days. January 9, Mary testified as follows: McConnell (for Sessions) amendment No. I know Senator REID and, I hope, I have made a personal commitment to ad- 305 (to amendment No. 275), to clarify the Senator MCCONNELL want to finish this vocate for the full implementation of the 9/ voluntary inherent authority of States to as- bill—that is, to bring it to passage—by 11 Commission recommendations driven by sist in the enforcement of the immigration the end of this week. I remind col- the ‘‘wake-up’’ call when my son was sense- laws of the United States and to require the leagues that S. 4 was reported out of lessly murdered by terrorists on 9/11. It is my Secretary of Homeland Security to provide the Homeland Security Committee on personal belief that almost six years later information related to aliens found to have our country remains vulnerable, and al- violated certain immigration laws to the Na- a strong nonpartisan vote, 16 to 0, with though some progress has been made, much tional Crime Information Center. one member abstaining. work remains ahead. We collectively—the McConnell (for Cornyn) amendment No. 310 I thought, as we return to the consid- administration, Congress, government agen- (to amendment No. 275), to strengthen the eration of S. 4, I might go back to a cies and interested individuals—have a

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.020 S05MRPT1 ccoleman on PROD1PC60 with SENATE S2574 CONGRESSIONAL RECORD — SENATE March 5, 2007 moral obligation and responsibility to work this debate this week, Carie Lemack’s But the most important thing I could pos- together to ensure our government is taking mother, Judy Larocque, was a pas- sibly tell her is that I love her, and that I am the necessary steps to make our country senger on American Airlines Flight 11 doing everything in my power to make sure safer. on September 11, 2001, which crashed what happened to her never happens again. ‘‘A moral obligation and responsi- That would come as no surprise to Mom. She into the World Trade Center. Like brought my sister and me up to fix wrongs bility,’’ as we debate the details of this Mary and Carol, Carie has worked tire- legislation and consider the parliamen- and make them rights. lessly in support of efforts to improve Carie Lemack concluded, before our tary tactics related to it this week on America’s ability to prevent and re- the floor of the Senate, that is, after committee: spond to acts of terrorism. She is a co- Today I am asking you to fix a small num- all, what binds all of us together, cer- founder of the group known as Fami- tainly across party lines, in this body ber of important wrongs, and make them lies of September 11. At our hearing in right. Some of the important recommenda- and around America—‘‘a moral obliga- January, Carie also discussed the im- tions of the 9/11 Commission report have still tion and responsibility.’’ Those were portance of fully implementing the rec- not been implemented. I raise them not in the words of Mary Fetchet. ommendations of the 9/11 Commission the spirit of placing blame or making accu- Carol Ashley lost her daughter Jan- report. I now quote from Carie Lemack sations, but rather in the hope that together ice, age 25, in Tower 1 of the World at our hearing: we can own up to gaps, failures and mistakes Trade Center on September 11, 2001. in the past, so that we are not condemned to The 9/11 Commission made 41 recommenda- repeat them in the future. Carol has served on the Family Steer- tions. Roughly half of these recommenda- ing Committee for the 9/11 Independent tions have already been implemented, End of a very deeply personal, com- Commission, which worked to help pass thanks in no small part to the efforts of this pelling quote. It moved everybody in the Intelligence Reform and Terrorism committee. The fall of 2004 was an extraor- the room that day, as it moves me to Prevention Act of 2004. At our January dinary time. Many of us were inspired by read those words on the floor here committee hearing, Carol Ashley also your willingness to spend weeks and months today. discussed the importance of the legisla- making sure the Commission’s recommenda- So much more to do, my colleagues. tion the Senate is considering today. I tions did not fall on deaf ears. The passage of As Carie Lemack said, ‘‘so much more the 2004 Intelligence Reform and Terrorism to do.’’ That is why we are here: to quote again: Prevention Act was an historic moment, of Along with other members of the Family which we can all be proud. work together, and continue to im- Steering Committee, I worked for passage of So much to be proud of, and yet so much prove upon the critical tasks that we intelligence reform legislation in 2004 based more to do. More than five years after 9/11, have left undone and unfinished. That on the recommendations of the 9/11 Commis- the terrorist threat has inevitably grown a is our responsibility to Mary, Carol, sion. Our goal was to make our nation as se- little more distant. Some experts are now Carie, and the tens of thousands of cure as possible to reduce the chances that telling us that it isn’t as serious as we had any other American families would lose a other Americans and citizens of nearly thought. If al Qaeda is such a threat, why every nation on this globe who lost loved one to terrorism. Unfortunately, that haven’t we been attacked again? To answer bill did not fully implement the 9/11 Commis- that question, just ask the people of London, loved ones on September 11. We must sion recommendations. Some that were in- or Madrid, or Bali, or the other places where work hard and never grow complacent cluded were not as strong as they should the terrorists have struck since 9/11. as we face these challenges, in the have been. The result is that more than five Then Carie Lemack said to our com- same way that the generations who years after 9/11, there are still gaps in our se- mittee: fought in World War II and the Cold curity. The United States has not been attacked War never grew complacent in the face I continue to quote from Carol Ash- again. But we will be. of the threats to their freedom as ley, mother of Janice, age 25, who was Thanks to the work of so many dedicated Americans from fascism and com- killed by the terrorists on 9/11 in the public servants we are safer than we were. munism. World Trade Center: But in the words of 9/11 Commission Chair- That is what we are debating today. Tightening our security and upgrading pre- man Thomas Kean, we are still not as safe as That is the significance of S. 4, the Im- we need to be. paredness is urgent. Although five years proving America’s Security Act of 2007. have passed with no terrorist attack on our Carie said: That is why I thank my colleagues for soil, there is no way to know when, where or On the morning of September 11, 2001, my their attention, for their dedication to how the terrorists will strike again. To ful- mother, Judy Larocque, left home to go on a fill its foremost obligation to protect the business trip. She woke up early that day, at getting this right, and for the debates American people, Congress must ensure 5:30 a.m., in order to make her 8 o’clock and votes we will conduct in the days through legislation and oversight that com- flight to the West Coast. Oddly enough, even ahead, leading, I am confident, by the prehensive security safeguards are in place; though I am not a morning person, I was up end of this week, to the passage of this and if the terrorists succeed in breaching our even before her that day, serving as a cox- critically important legislation. security, that our federal, state and local swain for the MIT graduate school crew Mr. President, I yield the floor and agencies are fully trained, equipped and pre- team. As I glided on the Charles River that suggest the absence of a quorum. pared to respond cohesively. morning, I realized I could have called Mom The PRESIDING OFFICER. The What we do here today is ‘‘urgent,’’ before my 6 a.m. practice, just for a kick, clerk will call the roll. to use Carol’s word. In the last week, since it was not often we were both up so The legislative clerk proceeded to early. But I didn’t, thinking she might be there have been reports that al-Qaida call the roll. and the Taliban are gaining strength in running late (a trait she passed down to me and my sister) and knowing it would be easi- Mrs. FEINSTEIN. Mr. President, I the lawless regions of Afghanistan and er to talk later in the day, once her cross- ask unanimous consent that the order Pakistan, establishing training bases country flight landed. for the quorum call be rescinded. once again, planning to attack the I never did get to talk to Mom that morn- The PRESIDING OFFICER. Without United States again. We know we face ing, though I left many messages on her cell objection, it is so ordered. growing threats from citizens living in phone. To this day, I still find myself look- AMENDMENT NO. 335 TO AMENDMENT NO. 275 ing at my caller ID whenever the phone countries that are our allies, as we saw (Purpose: To improve the allocation of last August when British officials dis- rings, waiting for it to say ‘‘Mom’s cell,’’ waiting for the call from her that I never got grants through the Department of Homeland rupted a plot to blow up airliners on that gorgeous fall morning. Security, and for other purposes) their way from the United Kingdom to I often think about what I would tell Mom Mrs. FEINSTEIN. Mr. President, I the United States. if she called. I dream about it all the time. call up amendment No. 335, please. For these reasons and others, our She was founder and CEO of a company, so I The PRESIDING OFFICER. Without task today is, in Carol Ashley’s word, sometimes think I might tell her about objection, the pending amendment is ‘‘urgent.’’ I hope we can—I am con- founding the non-profit organization Fami- set aside. The clerk will report. fident we will—overcome whatever di- lies of September 11, which represents more The legislative clerk read as follows: vides us and work together to pass this than 2,500 individuals who chose to join our group and support the terrorism prevention The Senator from California [Mrs. FEIN- legislation that will fulfill the powerful work we do. I might tell her about the oppor- STEIN] proposes an amendment numbered and relevant mandate of the 9/11 Com- tunities I have had in the past five years 335. mission. that she could never have predicted, like tes- Mrs. FEINSTEIN. I thank the Chair. Finally, of these three women whose tifying before this esteemed committee (The amendment is printed in today’s voices we should hear as we go through today. RECORD under ‘‘Text of Amendments.’’)

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.022 S05MRPT1 ccoleman on PROD1PC60 with SENATE March 5, 2007 CONGRESSIONAL RECORD — SENATE S2575 Mrs. FEINSTEIN. Mr. President, I homeland security-related planning, with this threat and risk; otherwise, it rise today to offer an amendment equipment, training, and law enforce- is quite simply wasted. This is the re- which ensures that critical homeland ment support needs related to ter- ality of the world in which we live. We security resources are allocated pre- rorism prevention. It broke down like can never predict when or where the dominantly on the basis of risk, threat, this: Only 60 percent of the money, or next major attack may occur, but we and vulnerability. I am pleased to be $547 million, was allocated based on can apply tough-minded discipline to joined by my colleague from Texas, risk. Forty percent, or $365 million, use our finite financial resources effec- Senator JOHN CORNYN, as well as Sen- went to satisfy the guaranteed min- tively. ators LAUTENBERG, HUTCHISON, BOXER, imum for all States—exactly what the Allocating our critical resources ef- SCHUMER, CLINTON, OBAMA, MENENDEZ, 9/11 Commission said we should not do. fectively is built on a three-pronged KERRY, COBURN, and CASEY. I under- If the Feinstein-Cornyn amendment approach: One, risks of potential ter- stand that Senator COBURN and at least were in place, an additional $426 mil- rorist attacks must be accurately as- three of the other cosponsors will be lion would have been distributed strict- sessed; two, the vulnerability of crit- coming to the floor, and I certainly ly on risk, threat, and vulnerability. ical infrastructure and potential tar- welcome them. Our amendment pro- That would have brought the total to gets must be measured; and, three, re- vides an alternative that is consistent $791 million—nearly 90 percent of the sources must be distributed based on with the recommendations of the 9/11 funds. I believe this would have been these assessments. Commission. the right thing to do. Instead, the The Department of Homeland Secu- Let me refresh the Members’ view of places where the most funding is re- rity was created to accomplish these the 9/11 Commission. This is the rec- quired are being shortchanged. Let me goals. This amendment provides the ommendation: give my colleagues an example. flexibility and resources for the profes- Homeland security assistance should be Last year the breakdown of funds dis- sionals to do so. based strictly— tributed through the State Homeland Let me make no secret. I would pre- Strictly is underlined— Security Grant Program and the Law fer to allocate 100 percent of homeland Enforcement Terrorist Prevention Pro- security grants based on risk and on an assessment of risks and gram meant that some States with rel- threat and believe that eliminating vulnerabilities. atively low risk were receiving more mandatory outlays to States is good And: funds per person than States with high- public policy. It is safe public policy. Federal homeland security assistance er risk. We have all heard this. Now my But I understand the realities of the should not remain a program for general rev- State, California’s share of this grant Senate. So this amendment is a com- enue sharing. funding amounted to $2.50 per person. promise which makes us all safer and Now, I know that is difficult for Texas, another large State, received benefits in some way all 50 States. smaller States, but I also know this is $2.25 per person. Yet Wyoming received There are some who say that small a bill that is aimed to comply with the $14.75 per person. California is the most States would be put at a disadvantage recommendations of this Commission. populous State in the Union. We have by this amendment. This is simply not So I hope it will be given some atten- about 37 million residents. We have the true. Thirty-five States—70 percent of tion. Nation’s largest ports, iconic bridges, the Nation—would actually receive in- The amendment we are offering towering skyscrapers, enormous infra- creased grant money for terrorism pre- today would allocate homeland secu- structure, and the busiest border cross- paredness under this amendment. rity grant funds based on risk and ing in the world. Texas, with 23.5 mil- States as diverse as Connecticut, South threat analysis. This covers most lion residents, has great cities, tow- Carolina, and Colorado will benefit. grants for interoperable communica- ering skyscrapers, vital industries, and Risk-based funding will bring more tions, seaport and airport security, as a vast international border. Wyoming— Federal dollars to smaller States with well as the State Homeland Security I don’t want to pick on Wyoming. Love high-threat profiles. Grant Program, the Law Enforcement it. But as a State it is like a national Here are 35 States that benefit from Terrorist Prevention Program, the park. Wyoming, with 515,000 residents, risk-based appropriations, and you can Urban Area Security Initiative, and is a largely rural State. see them on the chart. They are in the the Citizen Corps Program. We accom- As a member of the Intelligence green: California, Washington, Idaho, plish this by reducing the State min- Committee, I pay close attention to Nevada, Arizona, Colorado, North Da- imum formula. Currently, each State the classified intelligence on terrorist kota, Nebraska, Kansas, Oklahoma, receives .75 percent of the State ter- threats. Regrettably, for those living Texas, Iowa, Missouri, Louisiana, Wis- rorism preparedness grant money ap- in States with higher threat profiles, consin, Illinois, Michigan, Indiana, propriated to the Department of Home- there is reason for concern. Major cit- Ohio, Kentucky, Alabama, Georgia, land Security. Now, what does this ies such as Los Angeles have been an Florida, South Carolina, North Caro- mean? This means that nearly 40 per- elusive al-Qaida target for years. A lina, Virginia, West Virginia, Ken- cent of the grant funds must be allo- public example outlining the severity tucky, Ohio, Pennsylvania, New York, cated regardless of risk analysis. This of this post-9/11 threat was acknowl- Vermont, Massachusetts, Connecticut, amendment will reduce that State edged by President Bush in his State of New Jersey, Delaware, and Maryland. minimum to .25 percent; in other the Union Address earlier this year. This bill does not impact the primary words, from .75 to .25. Lowering this The President said: all-hazards grant programs, such as the minimum ensures that only 12.5 per- We stopped an al-Qaida plot to fly a hi- emergency management performance cent of the grant funds are set aside for jacked airplane into the tallest building on grants and the Assistance to Fire- all States, regardless. Even if they the West Coast. fighters Program. In fact, under cur- have no threat, they can get that This is the tallest building on the rent law, nearly 40 percent of these amount of money. west coast. It is the Library Tower funds are set aside for small State all- Also, 87.5 percent would be allocated Building—it has a new name now—the hazards preparedness. This adds up to based purely on risk and threat assess- old Library Tower Building in Los An- at least $7 million per State based upon ment. This would give the Department geles, the tallest office building west of the authorization for emergency man- of Homeland Security the flexibility the Mississippi. It is home to more agement performance grants in the un- necessary to put money where it is than 3,000 people during a typical derlying bill. most needed. This means that more workday. There are those who will also make dollars will go to the places that face Al-Qaida and its allies do not attack the argument that recipients of home- serious threats and where dollars can based on an obscure formula to spend land security grant funds are not held do the most good and, as I say, it is money evenly. They attack by promi- accountable, as money is often wasted. consistent with the 9/11 Commission. nence, number of people they can kill, Our amendment increases the effi- So what does that mean in real dollar and the psychological value of taking ciency of Federal dollars by ensuring terms? Last year roughly $912 million out America’s great landmarks. Home- that these critical funds actually go to- in grant funds were distributed to land security money must correlate ward programs and efforts that prevent

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.024 S05MRPT1 ccoleman on PROD1PC60 with SENATE S2576 CONGRESSIONAL RECORD — SENATE March 5, 2007 acts of terror. It requires entities re- where the needs are greatest from a fewer big State votes in the Senate ceiving these funds to undergo periodic risk perspective. That is exactly what than small States. So if we go to the audits conducted by the Department, the Feinstein amendment does. I am parochial interests of people from their and it mandates that the appropriate very pleased to be a cosponsor with my States wanting more security grants, performance standards are met. colleague from Texas, Senator CORNYN; it is going to be hard to do the right Finally, the amendment ensures that Senator FEINSTEIN; Senator BOXER. thing. States quickly distribute Federal dol- Many States that have the problems I submit to my colleagues that we lars to localities where they are needed that we see are understanding of the should be looking at where the terror- and not hold them back. Four years need for this amendment. ists might strike and hurt all of our ago, the President signed Homeland Se- I will give you one example. Texas is, citizens, and that should be the basis curity Presidential Directive 8, requir- as Senator FEINSTEIN said, the second upon which these risk-based grants ing the Department of Homeland Secu- largest State in population, the second would be awarded to the States. rity to allocate grant money ‘‘based on largest State in area as well. We are I thank my colleague from California national priorities.’’ Four years later, second behind Alaska in area and sec- for taking this initiative because it is despite this Presidential directive, this ond behind California in population. so important for our country that this remains unmet, an elusive target. But more important than that is we amendment be passed. The 9/11 Commission report makes have many areas that could be ter- The PRESIDING OFFICER. The Sen- clear that there are imbalances. It of- rorist targets. In particular, I point out ator from California is recognized. fers sensible advice. We should take the ports, and the Port of Houston es- Mrs. FEINSTEIN. Mr. President, I that advice. In our amendment, we pecially. Texas has 29 ports. Four of thank the distinguished Senator from have tried to do that. Among the Com- these are among the 10 busiest in the Texas for her support on this. I think mission’s observations and conclusions, Nation. The Port of Houston is one of we are both alike in that we say wher- ‘‘Homeland security assistance should the most important ports in the world. ever there is threat and risk and vul- be based strictly on assessment of risk It ranks first in the United States in nerability, that is where the money and vulnerability and, finally, Congress foreign waterborne tonnage, second in should go. If it is the State of Texas, should not use this money as pork bar- total tonnage. It is the sixth largest in that is fine with me. If it is the State rel.’’ I could not agree more. In a free- the world. It is also home to one of the of California, that is fine. If it is New for-all over money, it is understandable biggest petrochemical complexes in the York, Florida, Connecticut or Maine— that Representatives will work to pro- world. It is also part of our Nation’s wherever the threat and risk is—that is tect the interests of their home States U.S. Strategic Petroleum Reserve, the where the money should go. It is clear or districts. But this issue is too im- world’s largest oil stockpile. to me that the big States have felt portant, they say, for ‘‘politics as Due to the volume of hazardous ma- very aggrieved. Big States with big usual’’ to prevail. terials, a terrorist attack in the Port landmarks, big ports, big oil and petro- Well, I think the 9/11 Commission got of Houston would be an enormous dis- leum reserves and that kind of thing, it right. The national interests must aster. An attack in the Port of Houston feel definitely that they don’t get the trump geographical interests when it could disrupt our Nation’s energy sup- money they need to provide the protec- comes to national security. I thank ply, delivering a blow to our economy tion they need. To that end, on March Senators LIEBERMAN and COLLINS for at a time when we cannot afford such a 5, I received and Senator CORNYN re- their dedication and leadership. I am disruption. It has been estimated that ceived a letter signed by Governor encouraged that their approach has as much as 18 percent of our Nation’s Schwarzenegger of California, Gov- been modified. I clearly would like to refined petroleum products come ernor Spitzer of New York, Governor modify it more. That is what this through the Port of Houston chemical Crist of Florida, and Governor Perry of amendment is all about. They have ac- complex. Texas. knowledged that funds should be allo- We saw what happened after Katrina I ask unanimous consent that this cated more along the lines of risk and and Rita came ashore in 2005, where letter be printed in the RECORD. threat. America’s energy coast was heavily There being no objection, the mate- Nevertheless, their proposal to set damaged. Imagine the impact to the rial was ordered to be printed in the aside 25 percent of funds for all States, economy if 18 percent of our refining RECORD, as follows: capacity was disrupted. It would be a I believe, in the world we live in, with MARCH 5, 2007. the intelligence that crosses my desk, huge economic and financial and, of Hon. DIANNE FEINSTEIN, indicates it is too high an amount. course, human loss. Hon. JOHN CORNYN, This amendment offers a reasonable The amendment I am cosponsoring U.S. Senate, alternative that takes a significant with Senator FEINSTEIN would require Washington, DC. step toward improving our Nation’s that Federal homeland security funds DEAR SENATOR FEINSTEIN AND SENATOR homeland security. So I thank my co- be allocated to States according to a CORNYN: We are writing to thank you for sponsors. I see that one is on the floor. risk-based assessment. Of course, that your leadership in working to assure that is the way these funds should be allo- Department of Homeland Security (DHS) I would like to yield, if I may, to the counterterrorism grant programs recognize Senator from Texas, Senator KAY BAI- cated. It would cover the major first the homeland security needs of the United LEY HUTCHISON. responder grant program administered States. Any effective strategy to secure our The PRESIDING OFFICER. The Sen- by the Homeland Security Department. nation must apply risk-based analyses to ator from Texas is recognized. It is only by doing this that all of our manage the threat from terrorism. We be- Mrs. HUTCHISON. Mr. President, I country and the people of our country lieve that the Homeland Security FORWARD appreciate so much the leadership of will be the most safe. It is also con- Funding Act of 2007 will provide much need- the Senator from California. We have sistent with the 9/11 Commission’s rec- ed changes to these programs by better rec- talked about this many times, ever ommendations to distribute homeland ognizing the risks and vulnerabilities faced by larger states such as California, New since 9/11, the Department of Homeland security assistance based upon threat York, Florida, and Texas. Security being created by Congress and and vulnerability assessment. We support the efforts of your bill to build requested by the President. But the This amendment is aligned with the a coordinated and comprehensive system to fact is, I think the distinguished Sen- Department of Homeland Security’s maximize the use of federal resources and to ator from California has laid out the goals for the increased allocation of provide clear lines of authority and commu- case very well. We have certain areas grant funding based on protecting na- nication. Your bill will further the efforts of that, with our intelligence and with tional priorities. I hope that all of our DHS, cities, counties and state agencies as the activities that have been uncov- colleagues will see that protecting our they continue to work together to detect, Nation’s highest priority areas will be deter and respond to terrorism. Specifically, ered, we know are high-risk areas. we appreciate the following provisions of the It is in the interest of all Americans, in the interest of every American, bill: of every State, that we allow the De- rather than getting into the State-by- Follows the 9/11 Commission Report rec- partment of Homeland Security, with State squabbles, when, frankly, the big ommendation to better allocate federal re- its intelligence grid, to determine States usually lose because there are sources based on vulnerabilities;

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.025 S05MRPT1 ccoleman on PROD1PC60 with SENATE March 5, 2007 CONGRESSIONAL RECORD — SENATE S2577 Analyzes risks, threats, vulnerability, and Let me first start by telling my col- found exactly the same kinds of inter- consequences related to potential terrorist leagues that this is virtually identical operability problems. In fact, we found attacks; current programs do not give full to the same proposal the Senate voted there were parishes within Louisiana consideration to our states’ urban popu- on last July during consideration of where, within the same parish or coun- lation centers, numerous critical infrastruc- ty, the firefighters could not talk to ture assets, hundreds of miles ofcoastland, the Homeland Security appropriations maritime ports, and large international bor- bill. In fact, the Senate has repeatedly the police officers, who in turn could ders; voted on this formula issue throughout not talk to the emergency medical per- Reduces the ‘‘small state’’ minimum from the past few years. The Senate has also sonnel. 0.75% to 0.25%, providing each state a base- repeatedly rejected the approach put The only way to ensure a base level line award while allocating an increased forth by my colleagues from California of security and preparedness in each level of funds based on risk; the current base and Texas. The last time this amend- and every State is to require that there + per capita method allocates a dispropor- ment was voted on, it was defeated by be a reasonable minimum amount of tionate share of funds to states with small homeland security grant funding populations; a vote of 36 to 64. This map says it all. The amendment awarded to each State. Continues the Law Enforcement Terrorism The National Governors Association Prevention Program and exempts the pro- offered by the Senator from California gram from the base percentage, allocating would cut homeland security grant dol- has said it well. The NGA has written all funds based on risk; lars for 34 States and the District of to me that: Maintains the Emergency Management Columbia. I emphasize that because I To effectively protect our States and terri- Performance Grant program as a separate think by any reasonable analysis, the tories from potential terrorist events, all sectors of government must be part of an in- program focused on capacity building for all- District of Columbia is a high-risk hazards preparedness, response, recovery and tegrated plan to prevent, detect, and respond mitigation; area. I am not stressing the District of to and recover from a terrorist act. For the Continues the central role of states, build- Columbia just because the Presiding plan to work, it is essential that it be funded ing on existing systems that effectively co- Officer is from Virginia but, rather, be- through a predictable and sustainable mech- ordinate planning efforts and ensure ac- cause it is an area that has been the anism both during its development and in its countability; subject of a terrorist attack. implementation. Allows for limited regional applications What the Feinstein-Cornyn amend- It is important to note that the law from previously-designated UASI cities or ment would do is reallocate the fund- requires States to develop 3-year home- other urban areas with at least a population ing to turn it over to 16 States that al- land security plans, and we are requir- of at least 500,000; ing any homeland security funding be Retains the central role of states as the ad- ready receive 60 percent of the funding. ministrative agent for the grants to ensure I think we have a basic philosophical used to accomplish those plans and to regional applications are consistent with disagreement in discussing how the meet minimum levels of preparedness. statewide plans; and homeland security money should be al- I am surprised that many who are of- Recognizes the importance of national located. I certainly agree that risk fering this amendment, which would standards for evaluating the ‘‘essential capa- should be a factor, but I also believe— give the Department even more lati- bilities’’ needed by state and local govern- and the testimony before our Home- tude than it has now, are the same peo- ments to respond to threats. ple who are expressing outrage at the Your continued support for improving the land Security Committee confirms— that all States need to receive a pre- way the Department used its authority nation’s ability to detect and deter and co- last year to allocate the funding. I note ordinate responses to terrorist events is ap- dictable, reasonable base allocation of preciated. homeland security funding. States need that I joined in that outrage. As I told Sincerely, that predictable multiyear funding in Secretary Chertoff at a hearing before ARNOLD SCHWARZENEGGER. order to fund complex multiyear our Homeland Security Committee, I would not have guessed he could have CHARLIE CRIST. projects, such as creating interoperable ELIOT SPITZER. made both the State of Maine and New communications networks or first re- RICK PERRY. York City equally unhappy in how he sponder training programs. Risk-based Mrs. FEINSTEIN. Mr. President, I allocated homeland security funds, but funding, even if it is distributed prop- yield the floor. he managed to do just that. erly, is important, but it is likely to Mr. LIEBERMAN. Mr. President, I The Department is moving away fluctuate dramatically from year to suggest the absence of a quorum. from the methodology it used last year The PRESIDING OFFICER. The year. to allocate funding based on risk. New Furthermore, the minimums in this clerk will call the roll. York Senators were very eloquent in amendment are simply too low. Under The legislative clerk proceeded to describing the risk analysis DHS had this amendment, each State would call the roll. used. For example, my colleague, Sen- only be assured of $2.28 million under Mrs. FEINSTEIN. Mr. President, I ator SCHUMER, said: the authorized levels for the Homeland ask unanimous consent that the order The way that the Department of Homeland for the quorum call be rescinded. Security Grant Program. That is just Security has given out high-threat funding The PRESIDING OFFICER. Without about half of the proposed Homeland defies logic, and it is dangerous. objection, it is so ordered. Security Grant Program minimum in That was typical of the comments Mrs. FEINSTEIN. Mr. President, I S. 4. I encourage Senators to talk to that were made. ask for the yeas and nays on the the first responders in their States— I agree with my colleagues, and that amendment. the police officers, the firefighters, the is why we were so careful to come up The PRESIDING OFFICER. Is there a emergency managers—to find out what with a different approach and one that sufficient second? gaps in homeland security would be includes strong accountability meas- There is a sufficient second. left unfilled if they faced such a reduc- ures to address concerns, that requires The yeas and nays were ordered. tion. the Department of Homeland Security Mrs. FEINSTEIN. Mr. President, I As one can see from this chart, there to provide Congress with its risk allo- suggest the absence of a quorum. would be a substantial reduction under cation methodology in advance, and The PRESIDING OFFICER. The all of the homeland security programs. that also provides a predictable, stable clerk will call the roll. Let’s take the interoperability pro- level of funding which will allow States The legislative clerk proceeded to gram. We know States have not made to meet their diverse needs. call the roll. nearly the progress that needs to be One of the important parts of the Ms. COLLINS. Mr. President, I ask made in having compatible commu- funding formula the Senator from Con- unanimous consent that the order for nications equipment. That was cer- necticut and I have labored so hard to the quorum call be rescinded. tainly one of the lessons from 9/11, put forth is providing assistance to law The PRESIDING OFFICER. Without where so many first responders lost enforcement to try to detect and pre- objection, it is so ordered. their lives because they simply could vent attacks from happening in the Ms. COLLINS. Mr. President, I rise in not talk to one another. When the first place. opposition to the amendment offered Homeland Security Committee did its I must remind my colleagues that by my friend from California and my in-depth investigation into the failed the leader of the attacks on our coun- friend from Texas. response to Hurricane Katrina, we try on 9/11 started his journey of death

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.005 S05MRPT1 ccoleman on PROD1PC60 with SENATE S2578 CONGRESSIONAL RECORD — SENATE March 5, 2007 and destruction not from a large urban summed it up, and my remarks might Soviet Union the ‘‘evil empire,’’ he was area but from Portland, ME. Just be somewhat repetitive, and I think correct, if you looked at the stockpile think if we could have detected that they need to be. of this weaponry. We were granted ac- plot and arrested Mohamed Atta in I know the Senator from California, cess to this research center, which is Portland, ME, before he launched his no doubt, has the best of intentions. located outside of Moscow, about 60 attack. She has been an excellent member of miles. It is called Obninsk. We went in Risk is not an easy calculation. We the Intelligence Committee, when I and saw what was being manufactured. saw that last year when the Depart- had the privilege of being the chairman I can assure you when they opened up ment brought forth its very flawed of that committee. She is working sim- the refrigerator doors, we stepped back methodology that made so many of us ply to increase the grant funding— a little bit. unhappy. But, unfortunately, we are which on the surface of it makes some I will not go into everything in terms seeing that approach used again by the sense—to high-population areas. I just of what was being manufactured there, Feinstein-Cornyn amendment because don’t think that reducing funding for some of which is classified, but we that flawed methodology which the the majority of our States and our thought under the Nunn-Lugar pro- sponsors of this amendment have em- great Nation, as the distinguished Sen- gram the best thing we could do was to braced results in cuts to the District of ator has pointed out with her chart, is provide security. Yet how easy would it Columbia—clearly a high-risk jurisdic- a viable way to protect against ter- be for a terrorist group or somebody tion—and yet it would reduce funding rorism. within the organized mafia of Russia for the District of Columbia. I think it If we as a country are going to be today to latch on to any part of this jeopardizes the funding for 34 States— adequately prepared for another ter- stockpile, of which there are a great 34 States, many of them border States rorist attack, we must not forget that many, and transfer that to the United that have obvious vulnerabilities, we are vulnerable on all fronts. The States and attack our food supply? many of them coastal States that have States that would be negatively im- We have had exercises. I have taken obvious vulnerabilities. Then there is pacted by this proposal contain some of part in exercises. There was an exercise Kansas, with the threat of our Nation’s most valuable assets. in regard to hoof and mouth disease. agraterrorism, about which I know the If we are going to reduce funds to What happened was we got into a situa- distinguished Senator from Kansas has States such as Kansas, this amendment tion where the infestation period was 6 been very concerned. Think of an at- tosses aside the risk to agriculture, as days, and we got past that, and then tack on our food supply. That is much the Senator has pointed out, utter chaos developed. We lost in the more likely to occur in a rural area. agraterrorism, although we don’t use process a large number of our livestock Think of an attack on a nuclear power- that term anymore because it used to herd, all of our export stock, and when plant in a rural area. scare a lot of people. We just call it people finally figured out their food The point is, we have a lot of critical ‘‘food security,’’ and it is a big-ticket doesn’t come from grocery stores, infrastructure in this country that is item. Basically, that is the ability of there was panic in our cities. We basi- located outside our large urban cen- our Nation’s intelligence community, cally endangered our food supply not ters. So we have to avoid embracing a 19 different agencies, to protect our Na- only for 1 year but for several years flawed methodology, and we have to tion’s food supply, not to mention the running. recognize that every State has risks oil and petroleum facilities that pro- This is a very real threat. I can tell and vulnerabilities and every State vide invaluable energy in this time of you as a former chairman of the Intel- needs to achieve minimal levels of pre- need to many Federal buildings and ligence Committee, we worked very paredness, and we clearly are not there places of national significance that are hard to get the intelligence community yet. scattered throughout our great Nation. to first assess this and then to assess it I hope we will, once again, turn down So we cannot let ourselves believe if in terms of a priority risk and a threat. the well-intentioned but misguided we only protect large cities and high- That is exactly what we have done. amendment offered by the Senators population States, we will be safe from This amendment does great harm to from California and Texas. I believe it the devious and the calculating minds that effort and to adequate funding for would really cause problems for our of those who wish to do us harm. You all States and to assess the threats country as we try to strengthen our only need to look at the Oklahoma that certainly face all Americans. I am homeland security. City tragedy to understand this. Rath- very hopeful we will oppose this I end this segment of my comments er, preparing for what we expect in the amendment. by noting a report by the RAND Cor- densely populated area is a sure-fire Let’s repeat what we have done in poration that was prepared for the Na- way to be shocked and horrified should the past and safeguard all Americans tional Memorial Institute for the Pre- the unthinkable happen again. as opposed to the individual, or the invention of Terrorism in Oklahoma This legislation has been considered dividual many, if that is the proper City, another place where there was a before. It was defeated soundly. To add way to put it. terrorist attack that would not gen- it now as an amendment disregards the Mr. President, I yield the floor. erally be considered a high-risk area. It hard work many have done to nego- Mr. LIEBERMAN. Mr. President, says: tiate a funding formula that most ben- what a pleasure to see you as the occu- efits our entire economy and our entire pant of the Chair. Homeland security experts and first responders have cautioned against an over- country. We cannot afford to com- The PRESIDING OFFICER. It is a emphasis on improving the preparedness of promise the security of an entire Na- pleasure to have the Senator address large cities to the exclusion of small commu- tion for the benefit of a few areas. It is the Senate. nities or rural areas, and it recognizes that not where the people are, it is where Mr. LIEBERMAN. Mr. President, I much of the Nation’s infrastructure and po- the terrorists will attack and how and first thank the Senator from Kansas tential high-value targets are located in when. for his very compelling statement in rural areas. Let me say when I was the chairman which he speaks not so much on behalf I thank the Chair. of the Emerging Threats Sub- of Kansas as based on his experience as The PRESIDING OFFICER (Mr. DUR- committee on the Armed Services the immediate past chair of the Intel- BIN). The Senator from Kansas. Committee, I went to a secret city in ligence Committee. He speaks to the Mr. ROBERTS. Mr. President, I asso- Russia—there are approximately 11 of threat of agro-terrorism. We ought to ciate myself with the remarks of the them—and they let us into a few be- start talking about it in that way distinguished Senator from Maine, who cause we had the Nunn-Lugar program again because it makes it so real. does such an outstanding job, along that paid the scientists the Russians Like so many of the vulnerabilities with the distinguished chairman of the used to have making various arma- we have in this terrorist age, where we Homeland Security Committee. I, too, ments and bioweapons and viruses and have to worry about things we could rise in strong opposition to the amend- all sorts of things. It certainly gives not have imagined before, these are ment that is proposed by Senator FEIN- you pause to think about the fact that things we have to now both imagine STEIN. Senator COLLINS pretty well when Ronald Reagan called the former and defend against. That is part of the

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.029 S05MRPT1 ccoleman on PROD1PC60 with SENATE March 5, 2007 CONGRESSIONAL RECORD — SENATE S2579 capacity that will be preserved in the spectfully, which is that it is not only cutting and one adding to our alloca- funding formula that is fair and bal- who gets how much of the pie that is tion to each State in the country. Two anced found in the underlying bill, S. 4. important, but equally important, per- of the four funding programs dealt with I rise to oppose the Feinstein amend- haps ultimately more important, is the in this underlying bill are devoted spe- ment. Senator FEINSTEIN’s amendment question of: How big is the pie? How cifically to dealing with the risk of ter- is actually one of three that will be in- much money is our country, our Fed- rorism, to improving the capacity of troduced to change the funding for- eral Government, prepared to invest in State and local responders to do ex- mula for homeland security and nat- protecting the security of the Amer- actly that. ural disasters security that is in this ican people from another terrorist at- Two others are also designed to ad- underlying bill. Senator OBAMA has one tack or from a natural disaster? dress all hazards; in some sense to which he will introduce tomorrow, Sen- I am very proud that this bill, S. 4, maximize what we get for our invest- ator FEINSTEIN has introduced this authorizes significant additional funds ment. When I say ‘‘all hazards,’’ I am today, both of which would reduce the for homeland security grants and re- speaking of natural disasters. As we minimum first aid share. Senator lated grants, restoring, in the case of saw in Katrina, that can cause as much OBAMA’s would reduce the guaranteed homeland security grants, overall fund- or, in some cases, more damage to our funding share for 32 of the States in the ing to the fiscal year 2004 level of $3.1 country and our people than a terrorist country as compared to S. 4, the bill billion for each of the next 3 years. The attack. Let me go first to risk-based funding under consideration; and Senator FEIN- fact is, shockingly, if we stop to think for urban areas, one of the four pro- STEIN’s would actually reduce the fund- about it, that the administration has grams. S. 4 authorizes in law the Urban ing, as the chart Senator COLLINS held recommended cuts in homeland secu- Area Security Initiative, known in the up indicates, for 34 of the States of our rity grant funding since 2004. field as UASI, to assist high-risk urban Union. Senator LEAHY of Vermont will The threat has not gone down. We areas in preventing, preparing for, and introduce an amendment that will in- know, in fact, of publicly reported in- responding to acts of terrorism. All crease the minimum per State to .75 telligence that al-Qaida and the UASI funds would be given to the percent of the total. Taliban are again amassing in the area urban area based on risk—totally based In some sense, with two amendments of the mountains between Pakistan on risk—from a terrorist attack and trying to cut back the minimum per and Afghanistan, that training camps the effectiveness of the proposed uses State and one intending to increase it, are being established there again, and in addressing that risk. There is no I hope that it suggests that Senator that people are coming to train not minimum funding per state or locality. COLLINS and I and our committee have just to fight in Afghanistan but with It is totally up to the Department of found a reasonable middle ground that the heightened probability that they Homeland Security’s assessment of gives most of the money to the States will plan terrorist attacks against the risk. based on risk but recognizes that the rest of the world, including American The 100 largest metropolitan areas in risk to homeland security is national targets. Nonetheless, the funding for the United States would be eligible to and not confined to the larger cities or these homeland security grants has apply for funding. I am pleased to say the most prominent targets, as Senator gone down over the last 3 years. here, too, we increased the funding; COLLINS and Senator ROBERTS have What is our goal? It is not a lavish or $1.279 billion would be authorized for made clear. We know, tragically from radical one in terms of funding. This UASI for each of the next three years, terrorist acts across the world, that bill proposes to take us back to the which is significantly more than the terrorists have struck discotheques, level at which we were funding one cat- $770 million provided this year or the schools in smaller town areas, and ob- egory of grants, homeland security $800 million proposed in the adminis- viously metros and subways in other grants, to where it was in fiscal year tration’s fiscal year 2008 budget. areas. 2004, $3.1 billion, and to continue that The second risk-based funding for Our proposal gives out most of the at that same level for the next 3 years. states, the other program designed spe- money based both on risk and a min- If we do that, this legislation will send cifically to help state and local offi- imum per State so they can deal with a strong signal that this trend of cut- cials cope with the risk of terrorism, is their own local vulnerabilities. The ting homeland security funding is over. the State Homeland Security Grant members of the committee chose, I be- It will send a message that we are not Program. S. 4 authorizes this program lieve in our good judgment in this case, disarming our first responders, or to be funded at $913 million for each of to establish the Homeland Security De- squeezing them as they attempt to pro- the next three years to assist state, partment as an all-hazards protection tect us and prevent terrorist attacks. local and tribal governments in pre- department, not just protection This increase in funding will also venting, preparing for, and responding against the terrorism we fear after 9/11, send another message. Just as we sup- to acts of terrorism. This is a signifi- which we have, as I said earlier, a port our troops fighting in the war on cant increase over the $550 million that moral responsibility to protect the terrorism throughout the world, we would go to this State Homeland Secu- American people from. At the same need to adequately support our troops, rity Grant Program this year, not to time, because there is overlap, we can I would call them, our first responders, mention the $250 million cut of the $300 enable the States and localities and the our firefighters, our police, and our million of the President’s proposed Federal Government to protect their emergency response personnel. We need budget in this program for fiscal year citizens against the impact and harm to support those who are on the front 2008. Most important—and I think it is caused by natural disasters. lines fighting for us, protecting us very significant with all that will be In that sense, the funding formula in when disaster strikes right here at said about the formulas—as we cal- the underlying bill, S. 4, not only em- home in the United States. culated under the approach of S. 4, an braces and implements the lessons While we go on with this debate on estimated 95 percent of these so-called learned from 9/11 but also the lessons these three amendments that seek to SHSGP funds, State Homeland Secu- learned from Hurricane Katrina. It ac- alter the funding formula in the under- rity Grant Program funds, would be curately reflects the world we live in lying bill, S. 4, I hope we will all keep given out based on risk to the state today, a world where we know we have in mind that this legislation author- from a terrorist attack, and on effec- to protect the American people from izes, and if adequately funded by our tiveness of the proposed uses in ad- acts of humans while also being able to colleagues on the Appropriations Com- dressing that risk. respond to acts of nature. mittee, a significant expansion in the While each state would be assured of The second point I want to make is size of America’s homeland security receiving a minimum of .45 percent of that these fights over funding for- grant funding pie. the overall funds of this program, the mulas—and this is what we are in I also will talk briefly about the spe- Department will calculate distribu- now—are well-intentioned, they are cific programs this legislation will au- tions based on risk first and then only spirited, and they are important, but thorize that the three amendments, make any adjustments necessary to we must not be distracted from the Senator FEINSTEIN’s, Senator OBAMA’s, bring all the states up to the guaran- larger point here, if I may say so re- and Senator LEAHY’s, would alter, two teed minimum.

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.030 S05MRPT1 ccoleman on PROD1PC60 with SENATE S2580 CONGRESSIONAL RECORD — SENATE March 5, 2007 As we apply the formula of risk allo- breakdowns, not as well known as these amendments, I ask they be set cation that the Department applied those on 9/11, that compromised the re- aside so we may proceed with further this year, we come to the conclusion sponse and compromised the safety of proceedings on the bill. that 95 percent of these funds would ac- our fellow Americans. This is a na- I hope we can reach agreement, I say tually be distributed based on risk. tional problem. It affects all states. to my friend from Connecticut. I hope The third program: All-Hazards That is why we propose that each state we can reach agreement on these Emergency Management Funding. This would receive a minimum of .75 percent amendments, as they are critical to is a reorganized, refocused, and greatly of the total funds. This legislation au- making sure our homeland security increased program that will have tre- thorizes a total of $3.3 billion spread dollars are spent wisely in the way mendous effect in protecting the Amer- out over five years for this communica- that will do the most to protect our ican people from all hazards, man- tions interoperability grant program. Nation. made and natural. S. 4 authorizes what I wish to stress here about this and Nearly 6 years since the tragedy of we call the Emergency Management about the Homeland Security Grant September 11, Congress finally has the Performance Grants Program, EMPG, Programs, that we are mindful of the opportunity to implement the rec- to assist states in preparing for and re- few cases—but too often cited by crit- ommendations of the 9/11 Commission. sponding to all hazards, including nat- ics—in which local governments have The 9/11 Commission has done a tre- ural disasters, other manmade disas- used grant money under these pro- mendous job providing our Nation with ters, and terrorism. The legislation sig- grams in ways that do not, to any of the tools to make our Nation safer and nificantly increases the authorization us, seem like they relate. In the case of now is the time for Congress to act and amount for this critically important interoperability communications, we to get it right. program from about $200 million to $913 state very clearly in the bill that to I thank Senators LIEBERMAN and million for each of the next three qualify for these programs you have to COLLINS for their hard work and dedi- years. That is obviously a significant make a proposal that is not just some- cation to this bill and thank my col- increase, four and a half times what it thing the local law enforcement chief league from New York, Senator CLIN- is now. Each state would receive a base thinks would be a nice thing to have, it TON, for joining me on these two important amendments. amount of .75 percent of the overall has to be consistent with a state’s We are here today to talk about one funds, with the remaining funds dis- emergency communications plan in the tributed in proportion to a state’s pop- of the most important pieces of the 9/11 National Emergency Communications Commission’s recommendations, fund- ulation, which continues the current Plan. Otherwise, states are simply not allocation practice. This program, as I ing the Homeland Security Grant Pro- going to receive funding. gram, administered under the Depart- have said, is an all-hazards program. The same is true in the Homeland Se- ment of Homeland Security. Unfortu- Every state in the country is vulner- curity Grant Fund Program. One of the nately, DHS has not always approached able or subject to be the target of some bases of the judgments of the use of the kind of hazard, whether it is terrorism the allocation of vital homeland secu- funds is clearly stated: ‘‘The effective- rity dollars the way the 9/11 Commis- or a natural disaster that is different ness of the proposed use in addressing depending on which part of the country sion intended. The 9/11 Commission in- that risk.’’ tended that homeland security funds, you are in, which is a hurricane, a tor- In the few cases where sadly, infuri- including the high-threat Urban Area nado—as we have seen occur last week atingly, Homeland Security grant Security Initiative, UASI, and the with devastating effect on our fellow money has been spent on things that State Homeland Security Grant Pro- Americans, earthquake—of which we don’t seem at all to be related to home- gram, SHSGP, be allocated based on have seen too many taking precious land security, in the language under S. risk. In fiscal year 2006, the most high- lives and destroying property all across 4, we are going to stop that from hap- risk and high-threat cities in the Na- our country. I speak of these natural pening and guarantee that this money tion, New York City and Washington disasters. These are risks that all is spent in a way that will increase the DC, two cities which suffered tremen- States face so we think it appropriate American people’s sense of security dously from the horror of the 9/11 ter- to ensure that each State receives .75 from terrorists and natural disasters. rorist attacks, received a 40-percent percent of the overall funding. I believe these four programs to- cut in high-threat UASI funding from Finally, the fourth program is Dedi- gether, if enacted and properly funded, DHS. Using a peer review process, DHS cated Grants for Communications will make our country much safer. made funding decisions based on in- Interoperability. In our committee, They will provide the men and women cluding popcorn factories and petting Senator COLLINS and I worked very on the front lines here at home with zoos, while cities such as New York hard on this, and I must say we are the essential tools they need to protect were forced to cut key security initia- very proud to establish this grant pro- the American people and save lives. tives such as staff patrols on the gram. It is dedicated to improving They will make sure that funds tar- Brooklyn Bridge and NYPD inspection communications operability and inter- geted for building terrorism-specific of backpacks within the New York City operability at local, regional, state and capability go out overwhelmingly to subway system. federal levels. We have been through those states and urban areas that our DHS relied on an untested system of this on the floor before. We saw both intelligence and our common sense peer review in 2006 to allocate high- on 9/11 and in Hurricane Katrina, when tells us are most at risk from terrorist threat security funding, and it failed first responders cannot talk to one an- attack. But they will also provide miserably. A 40-percent cut in high- other because they have different radio funds that are adequate in the post- threat funds for our highest risk cities systems or they can’t talk at all be- 9/11, post-Katrina world, to make sure is unacceptable and exactly the oppo- cause the systems have broken down, that all states can prepare for and be site of what the 9/11 Commission rec- response to the disaster is greatly com- ready to respond to disasters. ommended. Despite the firestorm of promised and lives are lost. That is ex- This is going to be an important de- criticism that the Homeland Security actly what we are aiming to prevent bate. I look forward to participating in Department faced for its UASI alloca- with this. it. tion of funding in 2006, DHS decided Incidentally, this is a problem that is The PRESIDING OFFICER. The Sen- once again to use the peer review proc- not new with 9/11 or with Hurricane ator from New York. ess when allocating high-threat fund- Katrina. The truth is, it has gone on Mr. SCHUMER. Mr. President, I ask ing in 2007. That makes one doubt the unsolved for years, even though we had to set aside the pending amendment. thinking that is going on in DHS, not evidence of it from 1982, when Air Flor- The PRESIDING OFFICER. Without only on this issue. ida crashed in Washington, to the 1995 objection, it is so ordered. So I ask amendment No. 336 be called attack on the Alfred E. Murrah Federal AMENDMENT NO. 336 TO AMENDMENT NO. 275 up. Building in Oklahoma City, to the 1999 Mr. SCHUMER. Mr. President, I rise The PRESIDING OFFICER. The shootings at Columbine High School to offer two amendments to the 9/11 clerk will report the amendment. near Little, Colorado. In each of those Commission recommendations bill. The assistant legislative clerk read cases, there were communication After I have an opportunity to address as follows:

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.032 S05MRPT1 ccoleman on PROD1PC60 with SENATE March 5, 2007 CONGRESSIONAL RECORD — SENATE S2581 The Senator from New York [Mr. ‘‘(f) USE OF GRANT FUNDS FOR PERSONNEL same amount as the SHSGP grants and SCHUMER], for himself and Mrs. CLIN- COSTS.—The Secretary may not provide for by providing EMPG grants with a .75 TON, proposes an amendment numbered any limitation on the percentage or amount minimum to address all-hazard needs 336 to amendment No. 275. of any grant awarded under the Homeland across the country. Security Grant Program which may be used Mr. SCHUMER. I ask unanimous con- for personnel costs, including overtime or In addition to EMPG grants, the Sen- sent the reading of the amendment be backfill costs. ate has also provided a minimum dispensed with. On page 86, strike lines 6 through 20. amount of funding for interoperability The PRESIDING OFFICER. Without Mr. SCHUMER. This amendment also communications grants, something the objection, it is so ordered. addresses a critical shortfall in pre- city of New York has spent millions on The amendment is as follows: vious allocations for homeland secu- since 9/11 so the rest of the country (Purpose: To prohibit the use of the peer re- rity funding: the payment of overtime might implement this valuable tech- view process in determining the allocation for first responders such as police offi- nology. of funds among metropolitan areas apply- Now is the time for the Senate to do cers. High-threat cities such as New ing for grants under the Urban Area Secu- the right thing. While I applaud the rity Initiative) York can’t rely on equipment and tech- overall work of Senators LIEBERMAN On page 64, between lines 2 and 3, insert nology alone to get the job done. New York City, with its vast population and and COLLINS on this important bill, one the following: area we have strayed is in the area of ‘‘(e) PROHIBITION OF PEER REVIEW PROC- national landmarks, needs trained, ex- grant funding. I know they come from ESS.—The peer review process may not be pert personnel guarding its tunnels, used in determining the allocation of funds bridges, and landmarks to keep New smaller States. Obviously, they are de- among metropolitan areas applying for Yorkers and the huge amount of visi- fending their States. But if we are allo- grants under this section. tors it has every year safe. cating money on the basis of need, on Mr. SCHUMER. This amendment will Having trained security personnel the basis of where the greatest threat bar DHS from using the peer review available at all times to protect our of terrorism is, the funding formula process when making allocations for citizens is not an issue unique to New here does not really do the job. The 9/11 Commission, for instance, high-threat UASI funding. Our most York City. In this difficult budget cli- neither from a smaller State or bigger targeted cities should not be subject to mate, cities across the country are State perspective and looking at things the arbitrary whims of an untested bu- faced with hard choices when it comes objectively, recommends that funding reaucratic process that clearly does to keeping our citizens safe from ter- be allocated on risk alone. The mini- not have the best interests of our high- rorists. The Department of Homeland mums allocated in this bill do not do risk cities as its No. 1 priority. Security should allow our cities and that. One need look only as far as the DHS was wrong about the effective- States the ability to fund the activities tragedy of 9/11 to answer the question ness of the peer review process, and it necessary to protect our citizens. of why funding for the most targeted has also been off the mark on the The potential for terror is not lim- amount of homeland security funds cities is the most important. ited to 8-to-5 shifts. We need to give I urge my colleagues to support the that can be used to cover personnel and our cities and States the resources overtime. Feinstein amendment. We have the op- they need to do their job. If they portunity to fix the past mistakes at This bill makes clear that different should choose to use overtime in fund- cities under very different levels of DHS and ensure that the appropriate ing in their UASI allocation, they amount of funding is distributed in a risk have very different security needs. should be allowed to do it. We should not be punishing cities such way that will benefit all and ensure AMENDMENT NO. 335 as New York that must rely on per- that highest risk areas are adequately sonnel to make our cities safer. I also would like to take a moment protected. Now is that time. One example is our bridges because to talk about Senator FEINSTEIN’s I look forward to working with the they have been targeted. The Brooklyn amendment that I am cosponsoring committee on these important amend- Bridge near my home, which I take along with several of my colleagues. ments to the way the bill addresses the back and forth all the time, has two The Feinstein amendment will lower grant program. I know the committee police officers at each end 24 hours a the minimum grant for the State shares my commitment to ensuring our day, 7 days a week. That is 20 police of- Homeland Security Grant Program to first responders and all critical home- ficers. If one looks at policeman hours, .25, lower than the .45 proposed in the land security needs have the funding four times five, five shifts is what it Senate version of the bill. The amend- needed to protect our citizens. The takes to cover 24/7. That kind of fund- ment will also lower the minimum for committee has done important work to ing is essential to the safety of New interoperable communications to .25, authorize for the first time funding for York, yet it is limited by the process. down from .75 in the bill. While I appre- the grant programs. I look forward to Our amendment would change that. ciate the committee raising the working with Senators LIEBERMAN and amount of funding for SHSGP funds to AMENDMENT NO. 337 TO AMENDMENT NO. 275 COLLINS on this issue. $913 million, well above the amount in- I ask unanimous consent that my I yield the floor. cluded in the President’s 2008 budget, amendment be set aside so that I may The PRESIDING OFFICER. Who the formula minimums included in the call up amendment No. 337. seeks recognition? The PRESIDING OFFICER. Without Senate bill provided less funding for The Senator from Pennsylvania is objection, it is so ordered. New York. recognized. The clerk will report. New York is not alone. Other States, Mr. CASEY. Mr. President, I rise in The assistant legislative clerk read such as California and Texas, will also support of the Feinstein-Cornyn as follows: face cuts in funding unless we lower amendment. I am proud to serve as a the minimum in the Senate bill. We cosponsor. As my colleagues know, we The Senator from New York [Mr. SCHUMER] proposes amendment numbered 337 to can’t allow our larger cities and most have spent the past week debating leg- amendment No. 275. vulnerable targets to be left relatively islation to once and for all fully imple- Mr. SCHUMER. I ask unanimous con- unprepared for a major attack relative ment the recommendations of the bi- sent that reading of the amendment be to other cities because they are not partisan 9/11 Commission delivered in dispensed with. given the Federal resources they de- July 2004. This bill before us, along The PRESIDING OFFICER. Without serve. with its counterpart already passed in objection, it is so ordered. Some in the Senate will make the ar- the House, would largely do just that The amendment is as follows: gument that States across the country by making it more difficult for terror- (Purpose: To provide for the use of funds in have needs that must be addressed, and ists to gain access into our country by any grant under the Homeland Security we need to be prepared in all commu- enhancing information sharing in our Grant Program for personnel costs, and for nities. While I understand their con- intelligence community and homeland other purposes) cern, the Senate has recognized that security apparatus so that we can truly On page 59, between lines 9 and 10, insert need by authorizing the emergency connect the dots in future plots against the following: management performance grants in the our Nation, and by providing genuine

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.033 S05MRPT1 ccoleman on PROD1PC60 with SENATE S2582 CONGRESSIONAL RECORD — SENATE March 5, 2007 incentives to the private sector to do it purports to fully implement the rec- State as large as New York or New Jer- their part in order to strengthen their ommendations of the 9/11 Commission. sey or Pennsylvania. preparedness to prevent and respond to This bill, while superb in almost This amendment, to the greatest ex- acts of terrorism. every other respect, would still retain tent possible, takes individual States The bill would also provide much the misguided approach first estab- out of the formula. It focuses on where needed funding to enhance the security lished by the PATRIOT Act that would and what our Nation’s targets of ter- of our rail and transit systems, includ- mandate that each State receive a rorism are and where the greatest risks ing Amtrak’s northeast corridor, a rail minimum of .75 percent of overall fund- lie and focuses our homeland security system that carries tens of thousands ing for most of the homeland security dollars on those targets. Those who of passengers every day along the east grant programs, including the State hail from small States should not re- coast, including my home State of Homeland Security Grant Program, flexively oppose this amendment. The Pennsylvania, and which remains unac- the Law Enforcement Terrorist Pre- fact remains, their States can benefit— ceptably vulnerable to terrorist attack. vention Program, and the Citizen Corps small States can benefit—from greater However, we must be honest. The bill Program. In other words, 38 percent of funding under this new formula. does not fully implement every rec- the funding dollars for our major Will there be losers under this new ommendation of the 9/11 Commission. homeland security grant initiatives is formula? Sure. Of course. Those States Chapter 12 in the Commission’s final allocated on an arbitrary basis, wholly with a minimum level of potential tar- report addresses the difficult challenge unrelated to risk. Thirty-eight percent gets at great risk would receive poten- of allocating limited funds across the of these funding dollars is distributed tially less funding. But I am confident Nation to address an array of homeland in such a fashion that every State re- the people of those States will recog- security vulnerabilities and gaps. The ceives the exact same share, with equal nize the enormity of the stakes in- report recognizes that we as a nation dollars flowing to large States such as volved: how to best protect our Nation cannot protect every vulnerable port, Pennsylvania and New York, as well as in a long struggle against terrorism. I every vulnerable icon, and every vul- much smaller States. have faith the American people will nerable spot where Americans con- This makes no sense. Every State is put aside parochial concerns in favor of gregate every day. A universal ap- not equally at risk from the threat of those strategies that protect all of us. I hail from a State that sits at the proach would turn our Nation into an terrorism and is thus eligible for equal higher end of the range of vulnerability armed fortress, too restrictive of the dollar amounts. I recognize that the re- to attacks of terrorism. Under the liberties we cherish and love as Ameri- maining 62 percent of funds under these Urban Areas Security Initiative, or cans. That would be a victory for the homeland security grants are now UASI, two urban regions in Pennsyl- terrorists. based on risk, but it is wrong and vania have been consistently des- Let me quote directly from the bipar- harmful to deny almost half of all ignated as high risk in this program tisan Commission report which lays funds to those areas that are at great- since its inception in fiscal year 2003: out in plain and clear language why it est risk. That is why I am so pleased to co- Philadelphia and Pittsburgh. is so important that we allocate home- Philadelphia is home to such historic sponsor the Feinstein amendment land security dollars on the basis of sites as Independence Hall and the Lib- which would reduce those per-State risk: erty Bell. It is also a major hub for minimums from .75 percent of overall Homeland security assistance should be Amtrak’s Northeast corridor, a vital based strictly on an assessment of risks and grant funding to .25 percent. In other transportation artery that links Wash- vulnerabilities. Now, in 2004, Washington, words, instead of 62 percent of funding D.C., and New York are certainly at the top ington to Boston and points further be- allocated on the basis of risk, 87 per- yond. We have seen what the terrorists of any such list. We understand the conten- cent of all grant funds would be allo- tion that every state and city needs to have have done in Madrid and London and cated on a risk basis. other places. If they seek to export some minimum infrastructure for emergency Is that a perfect solution? No, it is response. But federal homeland security as- their tactics to our Nation, the North- not. In a perfect world, 100 percent of sistance should not remain a program for east corridor, including Philadelphia’s funds in every homeland security pro- general revenue sharing. It should supple- 30th Street Station, would be a prime ment state and local resources based on the gram would be allocated on the basis of target. risks and vulnerabilities that merit addi- risk, and State-by-State minimums Also, the city of Pittsburgh includes tional support. Congress should not use this would become a historic relic. But I un- world-class universities, major sports money as a pork barrel. derstand political realities, and I rec- stadiums, and other icons of national So says the 9/11 Commission Report. ognize this amendment by itself will significance. The Commission calls for a strict face a real challenge in achieving pas- There is a reason why both cities prioritization of national needs based sage. The Feinstein-Cornyn amend- have been included in the 15 most at- upon a strict risk-based assessment. ment, by replicating a provision in the risk urban regions in the United States Those potential targets that are most 9/11 bill that passed the House in Janu- and are eligible for grants under the attractive to terrorist groups, that ary, nevertheless would significantly UASI program. The UASI program is contain the most deep-seated improve the quality of our homeland the only homeland security program vulnerabilities to an attack, and that, security funding by requiring a greater that operates fully—fully—on the basis if successfully attacked, would produce share of it be allocated on the basis of of risk. For that reason, it is the most the most drastic consequences in terms risk. effective program, as it allocates dol- of lives lost, people injured, and eco- This issue is often unfairly charac- lars without regard to State by State nomic damage should be given priority terized as a large State versus small minimums or political guidelines. in terms of allocating our limited State battle. Those States with large Future terrorist acts endanger the homeland security dollars. populations would supposedly auto- people of Pennsylvania, and I will con- This definition of risk, which suc- matically benefit under any funding tinue to stand up for them to assure cessfully incorporates the three vari- formula that is based to a greater de- our homeland security programs are ables of threat, vulnerability, and con- gree on risk while small States would appropriately focused on the threats sequence, has been recommended by lose or so the argument goes. That where they are. I understand no State countless academic experts and is now would be true only if we use population or its representative Members want to incorporated into the Department of levels as a proxy for risk, which this lose out on additional Federal dollars. Homeland Security’s framework for as- amendment does not do. But I would once again quote from the sessing how to rank various targets in Instead, the Feinstein amendment 9/11 Commission report which has our Nation in terms of their likelihood defines risk as a function of threat, served as the inspiration behind our en- for a future attack. Unfortunately, the vulnerability, and consequence. So a tire debate on this important bill. In Congress has not kept pace with the small State with several targets that concluding that risk-based funding is recommendation of the 9/11 Commis- are uniquely at risk due to a combina- the only way for our Nation to appor- sion, and the bill before us this week tion of these three variables would tion homeland security dollars, the still does not get it right, even though profit from this amendment just as a Commission declared that:

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.037 S05MRPT1 ccoleman on PROD1PC60 with SENATE March 5, 2007 CONGRESSIONAL RECORD — SENATE S2583 In a free-for-all over money, it is under- It does not encompass the full essence base amount. This would cause States standable that representatives will work to of the Commission’s report. It recog- such as New Jersey to lose a full 6 per- protect the interests of their home states or nizes that. So, ultimately, I would say cent of the funding they should receive districts. But this issue is too important for to our friends, notwithstanding that, based on risk. That means under the politics as usual to prevail. there are times when we have legisla- formula in this bill, New Jersey could ‘‘Too important for politics as usual tion on this floor that benefits some lose three-quarters of a million dollars to prevail.’’ After the horrors of 9/11, States greater than others, but we look because that money would be redistrib- we cannot ignore the significance of at it as we are from one country. There uted to States with relatively low risk. that call to duty. are times in which there is a lot more Like many other States represented I strongly urge my colleagues to vote money for flood protection, and those by the supporters of this amendment, in support of the Feinstein-Cornyn of us who do not receive that type of New Jersey has a wide range of targets. amendment so we can ensure our pre- money say: We understand that. That More than a dozen sites in the State cious homeland security resources are is the nature of the challenges of those are on the FBI’s National Critical In- allocated in a fair and efficient man- fellow States in our Nation. In the ag- frastructure List. The 2-mile stretch ner. riculture bill there will be a lot of between Port Newark, Port Elizabeth I yield the floor. money going to other States that cer- and Newark International Airport has The PRESIDING OFFICER (Ms. tainly will not be coming to States been deemed the ‘‘most dangerous two KLOBUCHAR). The junior Senator from such as New Jersey, but we understand miles in the United States when it New Jersey. that. We are one nation. comes to terrorism.’’ The port of New Mr. MENENDEZ. Madam President, I Today, I hope the Members of the York and New Jersey, which largely re- rise in strong support of the Feinstein- Senate will come to understand in this sides in New Jersey, is the largest con- Cornyn amendment. I am proud to be a issue, as well, we are one nation and tainer port on the east coast, the third cosponsor of this effort. This amend- the greatest risks—the greatest risks— largest in the country. ment would enact one of the key rec- flow to those who have the greatest Not only does our State face signifi- ommendations of the 9/11 Commission challenges. If we had unlimited money, cant threats because of its critical in- that has gone ignored time and time I would be the first to say we could use frastructure, but some of the most again by the Congress, and that is en- it all as part of revenue sharing to densely populated communities are in suring homeland security funding is make sure the allocation for each close proximity to these targets. In based on risk. State would be such that they could South Kearny, for instance, 12 million We have heard a lot during the decide to use it to meet their homeland people live in close proximity to a course of the debate on this bill. Often security objectives. But we do not. If chlorine chemical plant. Close to 19 we have had references to the 9/11 Com- there is one part of all of the largess of million people live in the New Jersey- mission when it was propitious, when the Federal Government that I think New York metro area who could be af- it served to support the argument has to be based on the question of ne- fected by an attack on such a plant. someone was making at a given time. cessity, has to be based on the question The loss of life due to an attack at one Then, at other times, it has been for- of risk, it clearly is in homeland secu- of New Jersey’s most vulnerable tar- gotten. I have been one of those who rity funding. gets would not only devastate New Jer- believes we should have all of the 9/11 Now, I believe, as do many of my col- sey but the region and the Nation. recommendations implemented. So I do leagues who support this amendment, We have to be realistic about where not pick and choose. we should follow the recommendation the greatest threats lie. Our Nation has I am certainly tonight wanting to of the 9/11 Commission in its entirety many targets. No one would argue we make sure we recognize as a body what and base 100 percent of the homeland should not aim to protect each of the Commission said. It was not ambiv- security funding on risk. But this them. But we cannot pretend every alent. The Commission was not ambiv- amendment recognizes the need to community in the country faces the alent about its recommendation. The compromise. We recognize every State same risks and the same threats of ter- Commission said, in its report, very should be prepared for and be able to rorist attack. The fact is, terrorists clearly: respond to terrorism. Under this want to strike where they can inflict Homeland security assistance should be amendment, each State would receive the greatest damage. That is why our based strictly on an assessment of risks and a base amount. The difference is, we major urban areas are consistently at vulnerabilities. ensure the vast majority of the funds the top of the threat list. ‘‘ . . . strictly on an assessment of will be based on risk. In fact, under We cannot afford to shortchange our risks and vulnerabilities.’’ ‘‘Strictly’’— this amendment, 99 percent of all of most at-risk targets because of revenue not mostly, not partially, but based the funds would be allocated based on sharing. Each State should receive its strictly on the risks our States and risk. fair share based on its risks—no more, communities face. Yet, 21⁄2 years after Senators LIEBERMAN and COLLINS no less. That is what this amendment the release of the 9/11 Commission re- clearly recognize we should be basing is all about. Ultimately, I see our col- port, homeland security funding con- funding more on risk. In this bill they leagues, who are the prime sponsors of tinues to be based on a formula that al- have clearly worked to reduce the base this amendment, put out a statement locates nearly 40 percent of funding amount for States, moving us toward a that 70 percent of the States receive with no regard—no regard—to risk or more risk-based approach. I sincerely additional funding under this risk- vulnerability. appreciate their efforts to make more based approach—70 percent of the What else did the Commission say: funding allocated on risk, and I cer- States. So we, in fact, move closer and We understand the contention that every tainly commend them for taking a very closer to the right policy determina- State and city needs to have some minimum important step forward in the right dition that the 9/11 Commission called infrastructure for emergency response. But rection. But that formula is still a det- for, unequivocally, and, at the same Federal homeland security assistance should not remain a program for general revenue riment to States facing the most risk. time, by doing the right thing, 70 per- sharing. It should supplement State and Under the bill’s language, money cent of the States get more money. local resources based on the risks or would be diverted from States with the The 9/11 Commission has repeatedly vulnerabilities that merit additional sup- highest risk to States that do not even called on Congress to implement this port. have enough risk to receive the min- key provision, and it has urged Con- Congress should not use this money as imum base amount. What does that gress not to make homeland security pork barrel. mean? It means after the calculation is funds into pork barrel. The 9/11 fami- It is past time to correct these flawed done, there will be some States with a lies pleaded with this body to end the formulas. risk equation that will not rise to the senseless formulas that leave our most I know many believe that, in fact, ev- level of receiving even the minimum at-risk targets vulnerable. Countless eryone should have some of these mon- base amount. Yet, under the bill, even homeland security experts have called eys. Actually, this amendment does though their risk calculation is not as to end the minimum amounts to States that. This amendment recognizes that. great, they will receive the minimum and move to a true risk-based system.

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.039 S05MRPT1 ccoleman on PROD1PC60 with SENATE S2584 CONGRESSIONAL RECORD — SENATE March 5, 2007 I hope my colleagues this one time New York now, there is an empty space If you want to protect the most people will put aside their adherence to a for- where these proud buildings stood. I in our country from risk, why not do mula that is not in the security inter- was a commissioner for the Port Au- that? We do that constantly in all ests of our nation as a whole—as a thority of New York and New Jersey kinds of projects, whether they be flood whole—and will now allocate funding and thusly had offices in the Trade projects or otherwise in places that are in a way that will protect not just my Center building. I remember seeing prone to natural disasters. It makes State or other States similarly situ- people come to work in the morning, sense that we spend more on homeland ated but will truly work to protect the over 50,000 people in just a few build- security in America’s at-risk areas. Nation as a whole. ings—more than the population of Senator FEINSTEIN and Senator When we had those attacks on that many cities in our country. It was dev- CORNYN and I and others have an fateful day on September 11, yes, most astating. amendment to give at-risk States the of the lives lost were from New York We shouldn’t forget that attack money they need to protect their resi- and New Jersey, as well as other brought aviation to a standstill, that it dents and their communities and sen- States, but the consequences to the Na- had an effect felt way beyond New sitive places where an attack could se- tion were much greater—much greater. York and New Jersey and highlighted verely damage the national viability. So I hope again, where the greatest the fact that you can’t just take areas, We have seen something recently threats lie, where the greatest risks important areas around the country, that highlights the situation in New lie, where we have seen time after time and say: Well, that is kind of a local Jersey where chlorine is manufactured where the terrorists have chosen to try situation. It is not true. It is not true. and stored in large quantities, and we learned from the change in the tactics to focus their attacks, we understand As Senator MENENDEZ pointed out, this is one element of our domestic pol- when it comes to other needs of other now in Iraq that chlorine is being used icy where we cannot afford simply to States, it has to be understood that as a brandnew weapon there. The use of have revenue sharing. I have taken ag- when they are in peril, they are enti- chlorine was devastating. It killed a ricultural votes on behalf of our tled to get as much help from the Fed- few people but made many more death- friends, understanding that a lot of eral Government as they can. ly ill, requiring hospitalization and se- that money is not coming to New Jer- So why are we protesting at this vere treatment to try to protect their sey. I have done the same thing with time? This discussion has taken place lives. We are talking about the most dan- flood protection and done it on so over the last couple of years. Now we gerous 2 miles in the country as cer- many other issues because we are one are seeing another attempt to reduce tified by the FBI. Why not take advan- Nation. This is one in which we are the maximum amount of funding avail- tage of the fact that we would be pro- under one Nation as well, and it is one able to those places which are most at tecting not only the well-being of peo- in which risk has to drive our funding. risk. I support most of the legislation be- ple in the surrounding area, but we I hope that when 70 percent of other would protect the functioning of our fore us now. I am concerned with the States receive additional support under society. So we ought to move closer to one part of this bill that does not fol- this amendment, we will find a major- the 9/11 Commission’s recommendation low the 9/11 Commission recommenda- ity vote on its behalf and move us pret- that homeland security be distributed tions, the one that is being reviewed ty close to what the 9/11 Commission on risk and threat and cut the min- right now. Recommendation 25 of the 9/ called for. imum amount of money that will be 11 Commission Report said that home- Madam President, I yield the floor. distributed to each State. The PRESIDING OFFICER. The Sen- land security grants should be distrib- Secondly, it will result in more ator from New Jersey is recognized. uted based solely on risk. This bill homeland security for 35 States that Mr. LAUTENBERG. Madam Presi- doesn’t go sufficiently far enough to a are more at risk. We are not just talk- dent, I first wish to say that my col- full risk-based approach. Secretary ing about New Jersey and New York; league delivered a message that was Chertoff, whom we have seen here at they are most prominent because we clear and specific. It was a very valu- many hearings, confirmed that. We felt it and we have lost friends and able reminder of what we are dis- looked at what he said. He said we neighbors as a result of that attack. cussing today, including his com- should look not at the question of po- But that was not the first time. It was mentary about the fact that we are as litical jurisdiction but at where the the second time the World Trade Cen- a nation looking at the problem we see consequences would be catastrophic, ter was attacked. How many times in front of us now. where the vulnerabilities would be, must it happen before somebody who is On September 11, 2001, 700 of our fel- where the threats are. Clear state- leaning on one side or the other says: low New Jerseyans never came home. ments. Despite that, this legislation di- You know what, we don’t want those One of my daughter’s closest friends rects the Department of Homeland Se- people to be harmed further or that with whom she worked on Wall Street curity to give a minimum amount of area to be damaged further. And the in- perished, and her husband searched for money to every State regardless of the vitation is certainly there to do just more than 2 weeks. After the obvious risks or threats it faces. that. was apparent—that she was gone—re- When I served on the Homeland Secu- We must consider the large States fusing to believe it, he went from hos- rity Committee—and I commend the such as Ohio. If something happens in pital to hospital, wherever one was former chairman and the current chair- some of the Western States, the way within any reasonable distance, hoping man for a lot of the work that was done the winds blow in our country, they against hope that maybe his wife would there—we had a disagreement, and I will deliver toxic emissions all the way be alive and the mother of his three tried in a committee hearing to move across the country—Georgia, for in- children would be there to encourage the committee at least to endorse the stance, and Nevada, Maryland, and them on in their lives. fact that these funds should be distrib- Massachusetts. The array is impressive The stories about all kinds of friends uted solely on a risk basis. I was the because it deals primarily with the and all kinds of neighbors are endless. only one who voted aye for it out of I largest population centers in the coun- In the area we are talking about in think 16 people in attendance. try and the money that could be New Jersey that was directly hit, who So at some point, I don’t know why brought to protect these centers should didn’t know someone or who didn’t the call doesn’t go out that says: Look, not just be dealt out on a traditional know someone who knew someone— do this on a sensible basis. Do this on pork-like basis. We still haven’t even though we are a densely populated an as-needed basis. Give the oppor- reached 100 percent risk-based funding. State, still, in all, the names touched tunity to the places most at risk to This amendment, however, is an im- so many lives and so many people. We protect themselves. It is more than provement over current law, an im- saw the smoke rise and debris fall on good policy; it just makes common provement over the bill before us that fateful day. It was just across the sense. Our military doesn’t move today. river from us and from where I live and troops evenly around the globe. You I would like to be able to report to I think close to where my colleague place your resources strategically. Why the 9/11 Commission that we as a Sen- lives. When one looks at the skyline of should homeland security be different? ate did more than simply debate the

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.041 S05MRPT1 ccoleman on PROD1PC60 with SENATE March 5, 2007 CONGRESSIONAL RECORD — SENATE S2585 Commission’s findings. We ought to be ‘‘(5) CONSTRUCTION.—Nothing in this sec- AMENDMENT NO. 316 able to tell them we voted to give more tion shall be construed to prohibit an indi- Mr. DEMINT. Madam President, I resources to the people, cities, and vidual described in paragraph (2) from join- know Senator COLLINS wants to put se- States that need more protection. They ing a labor organization.’’. curity first in this bill, and I am look- (2) CONFORMING AMENDMENTS.—Section worked very hard to hammer out the 111(d)(1) of such Act, as redesignated by para- ing forward to seeing her compromise Commission report, and I believe it is graph (1)(A), is amended— amendment, but I am standing today fair to say that the Feinstein-Cornyn- (A) by striking ‘‘Under Secretary of Trans- to speak on the ongoing efforts by my Lautenberg amendment will do just portation for Security’’ and inserting ‘‘Ad- Democratic colleagues to force the that. I encourage my colleagues to sup- ministrator of the Transportation Security Transportation Security Administra- port it. Administration’’; and tion—these are the folks who guard our Madam President, I yield the floor. (B) by striking ‘‘Under Secretary’’ each airports today—to collectively bargain The PRESIDING OFFICER. The Sen- place it appears and inserting ‘‘Adminis- with labor unions on the decisions they trator’’. ator from Maine is recognized. make. (b) WHISTLEBLOWER PROTECTIONS.—Section AMENDMENT NO. 342 TO AMENDMENT NO. 275 The Senator from Missouri, Senator Ms. COLLINS. Madam President, I 883 of the Homeland Security Act of 2002 (6 U.S.C. 463) is amended, in the matter pre- MCCASKILL, is offering an amendment ask unanimous consent that the pend- ceding paragraph (1), by inserting ‘‘, or sec- that I consider very dangerous. I wish ing amendment be set aside, and I send tion 111(d) of the Aviation and Transpor- to make sure my colleagues understand an amendment to the desk. tation Security Act (49 U.S.C. 44935 note),’’ all that is at stake. The PRESIDING OFFICER. Without after ‘‘this Act’’. First, this debate is about one thing objection, it is so ordered. (c) REPORTS.—Not later than 1 year after and one thing only: whether Congress The clerk will report. the date of the enactment of this Act, the believes that our airport security agen- The bill clerk read as follows: Administrator of the Transportation Secu- cy—what we refer to as TSA—should The Senator from Maine [Ms. COLLINS], for rity Administration and the Comptroller have to negotiate with unions before it herself, Mr. STEVENS, Mr. VOINOVICH, and Mr. General of the United States shall each sub- can carry out decisions that will save WARNER, proposes an amendment numbered mit an independent report to Congress that 342 to amendment No. 275. contains an assessment of employment mat- American lives. That is what this de- Ms. COLLINS. Madam President, I ters at the Transportation Security Admin- bate is about. The McCaskill amend- ask unanimous consent that the read- istration, including the implementation of ment will change current law to force ing of the amendment be dispensed this section. our airport security agency to nego- with. Ms. COLLINS. Madam President, be- tiate with unions. The DeMint amend- The PRESIDING OFFICER. Without cause I know the Senator from South ment will protect current law, which objection, it is so ordered. Carolina is waiting to speak, I will not makes security TSA’s top priority. The amendment is as follows: go into any detail about this amend- The security implications of this pol- AMENDMENT NO. 342 ment, but I did want to file it so that icy are becoming clear, and that is why (Purpose: To provide certain employment my colleagues have a chance to look it there is an effort by my Democratic rights and an employee engagement mech- over, overnight. colleagues to cloud the issue. Rather anism for passenger and property screen- This amendment is an attempt to than admitting that collective bar- ers, and for other purposes) reach a middle ground on the issue of gaining is a labor union initiative, not Strike section 803 (relating to Transpor- rights for TSA employees. It provides a 9/11 Commission recommendation, tation Security Administration personnel my Democratic colleagues are now try- management) and insert the following: that TSA employees may join a union; may have a pay-for-performance sys- ing to paint it as proworker and SEC. 803. EMPLOYEE RIGHTS AND ENGAGEMENT prosecurity. This is extremely dis- MECHANISM FOR PASSENGER AND tem; will have the right to appeal to PROPERTY SCREENERS. the Merit Systems Protection Board appointing because the truth is that (a) APPEAL RIGHTS; ENGAGEMENT MECHA- any adverse employment actions, such the McCaskill amendment is prounion NISM FOR WORKPLACE ISSUES; PAY FOR PER- as demotions or firings, so they would and it weakens security. FORMANCE; UNION MEMBERSHIP.— have the same rights in that regard as When you boil it down, the McCaskill (1) IN GENERAL.—Section 111(d) of the Avia- amendment will force airport security tion and Transportation Security Act (49 other Federal employees; and it would give them explicit protections under workers or the airport security agency, U.S.C. 44935 note) is amended— TSA, to bargain with labor unions be- (A) by striking ‘‘Notwithstanding’’ and in- the Whistleblowers Protection Act. It fore they make security decisions. Let serting the following: also calls for a review in 1 year’s time me say that again. The Transportation ‘‘(1) IN GENERAL.—Except as provided in of the personnel system to see if fur- section 883 of the Homeland Security Act of ther changes are needed, and it asks Security Agency will have to bargain 2002 (6 U.S.C. 463) and paragraphs (2) through GAG to evaluate the system. with labor unions before they make se- (5), notwithstanding’’; and curity decisions. This amendment is cosponsored by (B) by adding at the end the following: This is an earmark for big labor that Senator STEVENS, Senator VOINOVICH, ‘‘(2) RIGHT TO APPEAL ADVERSE ACTION.—An comes at the expense of homeland se- and Senator WARNER at this point. individual employed or appointed to carry curity. I wish to go through the argu- out the screening functions of the Adminis- Again, this is an attempt to find a ments offered by the other side and trator under section 44901 of title 49, United middle ground on the TSA issue. The States Code, may submit an appeal of an ad- make sure everybody understands why TSA employees do a terrific job work- they are misguided. verse action covered by section 7512 of title ing very hard to protect us. I believe 5, United States Code, and finalized after the First, my colleagues say their collec- date of the enactment of Improving Amer- the current law does not afford them tive bargaining amendment will pre- ica’s Security Act of 2007, to the Merit Sys- the kind of workplace protections they vent TSA screeners from going on tems Protection Board and may seek judicial deserve. Yet we want to preserve the strike and bargaining for higher pay. review of any resulting orders or decisions of flexibility of the TSA to be able to But the truth is that screeners could the Merit Systems Protection Board. move people, to deploy them, to re- not strike anyway because the law pro- ‘‘(3) EMPLOYEE ENGAGEMENT MECHANISM FOR spond to imminent threats, new intel- hibits Federal employees from strik- ADDRESSING WORKPLACE ISSUES.—At every ligence, or any sort of emergency situ- ing. In addition, prohibiting bargaining airport at which the Transportation Secu- ation. I believe this amendment would rity Administration screens passengers and for pay is also meaningless, since the property under section 44901 of title 49, achieve that goal. Department of Homeland Security pay United States Code, the Administrator shall I will be talking about the amend- system does not allow bargaining now. provide a collaborative, integrated employee ment in more depth tomorrow. So on this point, the other side is sim- engagement mechanism to address work- Madam President, I yield the floor, ply trying to cloud the issue and mask place issues. and I ask that the Senator from South their union earmark with meaningless ‘‘(4) PAY FOR PERFORMANCE.—The Adminis- Carolina be recognized. trator shall establish a system to ensure rhetoric. that an individual described in paragraph (2) The PRESIDING OFFICER. Is there Second, my colleagues say their col- is compensated at a level that reflects the objection? Without objection, it is so lective bargaining amendment will cre- performance of such individual rather than ordered. The Senator from South Caro- ate new workforce protections for secu- the seniority of such individual. lina is recognized. rity screeners. But the truth is, these

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.043 S05MRPT1 ccoleman on PROD1PC60 with SENATE S2586 CONGRESSIONAL RECORD — SENATE March 5, 2007 benefits already exist. Workers already nent threats is so vague it will take an worker benefits and workplace protec- have whistleblower protection through army of lawyers to determine whether tions and security triggers is meant to a memorandum of understanding with each circumstance meets the defini- cloud the issue and prevent Senators the Office of Special Counsel. Workers tion. This will hurt our security and from being accountable for their votes. already have protection against dis- force TSA to be reactive and slow in its This collective bargaining proposal has crimination through the alternative efforts to prevent future attacks. nothing to do with preventing another resolution of conflict program. Work- If my colleagues need proof that 9/11. In fact, it could increase the ers already have due process protec- there will be wide disagreement as to chance of another such attack, and my tions against disciplinary actions that when the security trigger can be used, colleagues should consider that before are more efficient than the protections they only need to hear the comments they vote. offered to other Federal employees. made by the sponsor of this amend- There are only two reasons to vote Madam President, again, we are talk- ment. When I asked if the current on- for the McCaskill amendment: either ing about the collective bargaining going global war on terror would be political payback or out of political amendment. I was pointing out the considered an emergency under the fear. I hope my colleagues will not act protections that current TSA workers amendment, the Senator from Missouri on either. Democrats should not pay have. They have whistleblower protec- said it would not. If TSA cannot use back unions at the expense of our secu- tion, protection against discrimina- the war on terror as a reason to protect rity, and we should not be afraid to tion, and they already have due process Americans from al-Qaida and other ter- stand up against union bosses so we protections against disciplinary action rorists on a daily basis, under what cir- can keep America safe. that is more efficient than the protec- cumstance can it use this flexibility? I urge my colleagues to oppose the tions offered by Federal workers. This underscores the issue that lies McCaskill amendment. Security screeners already have the at the heart of this debate. On one side, It will not only weaken our security, right to appeal adverse actions to there are those who believe we should it will also kill this bill. The President TSA’s Disciplinary Review Board, always be on alert and that we must will veto it and the Senate will sustain which provides due process equivalent treat every person and every bag going his veto. So that leaves the other side to that available to other Federal em- through our airports as a potential of the aisle with a clear choice. They ployees. threat. On the other side, there are can either have a political showdown Workers already enjoy access to the those who believe we are not under with the President over an earmark for Rehabilitation Act, except where Con- constant threat and we can simply turn labor unions or they can take this progress has specified that security job on and off our ability to prevent future vision out of the bill and make some functions require certain aptitudes and attacks. That is the real disagreement progress on our security agenda. physical abilities. because we all seem to agree collective The DeMint amendment protects So all of these proworker provisions bargaining weakens security. American security. The McCaskill are redundant and meaningless in any In addition to allowing our security amendment protects unions. amendment to current law. They are to be switched on and off by unions, I yield the floor. only being offered to mask the true the McCaskill amendment creates all The PRESIDING OFFICER. The ma- goal of the amendment, which is to the same problems as full-blown collec- jority leader is recognized. force TSA to bargain with unions on tive bargaining. f their security decisions. First, it still forces TSA to sign huge UNANIMOUS CONSENT AGREE- The other side also likes to say there collective bargaining contracts, such MENT—EXECUTIVE CALENDAR are high attrition rates at TSA and as Customs and Border Patrol have Mr. REID. I ask unanimous consent that collective bargaining would sta- now, and it could mean hundreds of that the Senate proceed to executive bilize the workforce. I am afraid this is separate contracts at airports across session to consider the nomination of also false. Before 9/11, when airport se- the country. Instead of streamlining Carl Joseph Artman to be Assistant curity was under collective bargaining, security, it will create complex guide- Secretary of the Interior; that there be attrition rates were as high as 400 per- lines that make it harder to share and 10 minutes for debate, equally divided cent at some airports. Now the vol- shift resources between airports as between the chairman and ranking untary attrition rate for full-time em- threats emerge. ployees is down to 12.6 percent, and it Second, it still forces TSA to set up member of the Indian Affairs Com- is falling. This is not only significantly a huge new bureaucracy for collective mittee; that at the conclusion of that lower than pre-9/11 levels, but it is also bargaining, putting new layers of red- time, the Senate vote on confirmation lower than the attrition rates for the tape ahead of security and redirecting of the nomination; that the motion to private sector as a whole and lower resources away from security and to- reconsider be laid upon the table; that than the Federal Government as a ward labor management. This new bu- the President be immediately notified whole. So my colleagues must under- reaucracy will cost TSA at least $160 of the Senate’s action, and the Senate stand that these are good jobs, attri- million over the next year, forcing it to then return to legislative session. The PRESIDING OFFICER. Without tion is low and falling, and attrition is take 3,500 screeners off security check- objection, it is so ordered. not a valid reason to create collective points and doubling the wait time for bargaining. passengers. f It is also important that my col- Third, it still forces TSA to termi- EXECUTIVE SESSION leagues understand how the collective nate its pay-for-performance system bargaining amendment will weaken our that currently rewards screeners for homeland security, which is the pri- their proficiency rather than their se- NOMINATION OF CARL JOSEPH ority of the 9/11 Commission bill. niority. This will only reduce TSA’s ARTMAN TO BE ASSISTANT SEC- First, the amendment creates a secu- ability to maintain a qualified work- RETARY OF THE INTERIOR rity trigger that will allow TSA to force. The PRESIDING OFFICER. Under turn collective bargain on and off. This Fourth, it still forces TSA to share the previous order, the Senate will pro- acknowledges that collective bar- sensitive security information with ceed to executive session to consider gaining weakens security. I wish to re- unions, compromising air travel secu- the following nomination, which the peat so my colleagues understand my rity. The amendment claims to protect clerk will report. Democratic colleagues agree that col- ‘‘properly classified’’ information, but The assistant legislative clerk read lective bargaining reduces security, it doesn’t address other types of sen- the nomination of Carl Joseph Artman, and they feel obligated to offer a way sitive information, such as the emer- of Colorado, to be Assistant Secretary to bypass it. gency plans for our airports. of the Interior. But this so-called trigger for emer- This brings me back to my original The PRESIDING OFFICER. Who gencies only makes the problem of col- point. This debate is about collective yields time? lective bargaining worse. The language bargaining and whether it makes us The Senator from North Dakota is defining emergencies and newly immi- more or less secure. All the talk about recognized.

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.049 S05MRPT1 ccoleman on PROD1PC60 with SENATE March 5, 2007 CONGRESSIONAL RECORD — SENATE S2587 Mr. DORGAN. Madam President, I with these issues. That is what we are There appears to be a sufficient sec- am pleased to speak on this nomina- trying to do on the Indian Affairs Com- ond. tion with my colleague from Wyoming, mittee. But it is absolutely shameful Is all time yielded back? Senator THOMAS. I chair the Indian Af- this position has been open for 2 full Mr. LIEBERMAN. Yes, I ask that all fairs Committee. Senator THOMAS is years. It has been vacant 2 years. This time be yielded back. vice chair of that committee. is a well-qualified person. I have met The PRESIDING OFFICER. Without This is the nomination of Carl with him a couple of times. I was proud objection, it is so ordered. Artman to be Assistant Secretary for to move his nomination through the The question is, Will the Senate ad- Indian Affairs. Mr. Artman is an Amer- committee. This is a well-qualified per- vise and consent to the nomination of ican Indian from the Oneida Tribe of son, an American Indian from the Onei- Carl Joseph Artman, of Colorado, to be Wisconsin. He is highly qualified. He da Tribe in Wisconsin. an Assistant Secretary of the Interior? was nominated twice—once last year At long last, I hope today we will de- The clerk will call the roll. by President Bush. Last year, I sup- cide to give Senate approval to Presi- The legislative clerk called the roll. ported his nomination, which was held dent Bush’s nomination and give Mr. Mr. DURBIN. I announce that the up in the Senate. He has been nomi- Carl Artman the opportunity to as- Senator from Delaware (Mr. BIDEN), nated recently again by the President. sume this role of Assistant Secretary the Senator from Connecticut (Mr. I held an immediate hearing with Sen- for Indian Affairs. DODD), the Senator from South Dakota ator THOMAS on his nomination. We I yield the floor. (Mr. JOHNSON), the Senator from Mas- passed it out of the committee the The PRESIDING OFFICER. The Sen- sachusetts (Mr. KENNEDY), the Senator same day, and we have been waiting to ator from Wyoming is recognized from Massachusetts (Mr. KERRY), the get it to the floor. Mr. THOMAS. Madam President, I Senator from Vermont (Mr. LEAHY), There has been a hold on the nomina- join my friend, the chairman of the In- the Senator from Illinois (Mr. OBAMA), tion, regrettably. With some irritation, dian Affairs Committee, in supporting and the Senator from Michigan (Ms. I say it has been 2 full years last month Carl Joseph Artman for Assistant Sec- STABENOW) are necessarily absent. that this position has been vacant. The retary for Indian Affairs. We have wait- I further announce that if present position of Assistant Secretary for In- ed a good long time to get to this and voting, the Senator from Massa- dian affairs—a position that has ex- point. chusetts (Mr. KERRY) would vote isted in this Government since 1806—is Mr. Artman is an excellent candidate ‘‘yea.’’ one that is responsible for the trust re- with diversity of experience in both the Mr. LOTT. The following Senators sponsibilities and all of the other private and public sectors. He has the are necessarily absent: the Senator issues that relate to treaties with In- leadership and academic credentials from Kansas (Mr. BROWNBACK), the dian tribes. It has always been consid- needed for this necessary and extraor- Senator from Wyoming (Mr. ENZI), the ered a very important position. For 2 dinarily demanding position. Senator from Arizona (Mr. MCCAIN), years it has been vacant. That is unbe- The Assistant Secretary for Indian and the Senator from Pennsylvania lievable. Nowhere in this country are Affairs implements the Federal Indian (Mr. SPECTOR). there more significant and enduring policy set by Congress and facilitates The PRESIDING OFFICER (Mr. problems than those that exist on the government-to-government rela- WHITEHOUSE). Are there any other Sen- many Indian reservations. Many live in tionship with 561 Indian tribal govern- ators in the Chamber desiring to vote? Third World conditions. I have told sto- ments. The result was announced—yeas 87, ries of people freezing in their homes in The Assistant Secretary, as you nays 1, as follows: the winter. There are housing crises might imagine, is responsible for a va- [Rollcall Vote No. 59 Ex.] that exist on Indian reservations. riety of activities, including economic YEAS—87 There are health care crises and edu- development, law enforcement, trust Akaka Dole McConnell cation crises. It is unbelievable. We asset management, social services, and Alexander Domenici Menendez need to have this position filled. Fi- education. Allard Dorgan Mikulski nally, at long last, today we will have I will not take a long time, but I just Baucus Durbin Murkowski want to say the Assistant Secretary Bayh Ensign Murray a chance to vote on the nomination. Bennett Feingold Nelson (FL) I am sure there will be an over- must be balanced in meeting these Bingaman Feinstein Nelson (NE) whelming vote in support of a well- needs. I think this gentleman will be. Bond Graham Pryor qualified candidate sent to us by Presi- He has pledged to facilitate a more vi- Boxer Grassley Reed Brown Gregg Reid dent Bush first last year, then held up, brant communication between Indian Bunning Hagel Roberts unfortunately, in the Senate, and now tribes and their neighbors. Burr Harkin Rockefeller this year, held up until now. Finally, The job of Assistant Secretary for In- Byrd Hatch Salazar perhaps, at long last we will do what dian Affairs has been exponentially Cantwell Hutchison Sanders Cardin Inhofe Schumer we should have done long ago on behalf more difficult because of the meth- Carper Inouye Sessions of American Indians, and that is to put amphetamine plague that is ravaging Casey Isakson Shelby someone in the position of the Assist- this Nation’s Indian communities, and Chambliss Klobuchar Smith Clinton Kohl Snowe ant Secretary for Indian Affairs to be he is committed to fighting this ter- Coburn Kyl Stevens involved in managing and reacting to rible epidemic. We can certainly sup- Cochran Landrieu Sununu all of these responsibilities that have port that effort. Coleman Lautenberg Tester been long ignored—too long ignored, in Madam President, you know how im- Collins Levin Thomas Conrad Lieberman Thune my judgment. portant it is to have leadership in this Corker Lincoln Voinovich I come today to support this nomina- area, and we haven’t had it for a very Cornyn Lott Warner tion. My colleague, Senator THOMAS, long time. There are many other chal- Craig Lugar Webb Crapo Martinez Whitehouse will speak for himself, but we have lenges confronting Indian country that DeMint McCaskill Wyden worked together in support of trying to cannot be met without strong leader- get this nomination to the floor of the ship within the Bureau of Indian Af- NAYS—1 Senate. American Indians and Native fairs, and yet the position has been va- Vitter Alaskans—my colleagues know the in- cant for 2 years. NOT VOTING—12 formation—have higher rates of tuber- Mr. Artman will serve the country Biden Johnson McCain culosis, 600 percent higher than other well. I urge my colleagues to join me Brownback Kennedy Obama American citizens; substance abuse, al- today in moving expeditiously toward Dodd Kerry Specter cohol abuse, 500 percent higher; diabe- confirmation. Enzi Leahy Stabenow tes, in some cases up to 10 times the I yield the floor. The nomination was confirmed. rate; Indian youth suicide, 10 times the Madam President, I ask for the yeas The PRESIDING OFFICER. Under rate of the rest of the country. and nays. the previous order, the President shall These are unbelievable cir- The PRESIDING OFFICER. Is there a be immediately notified of the Senate’s cumstances. We have to begin to deal sufficient second? action.

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.051 S05MRPT1 ccoleman on PROD1PC60 with SENATE S2588 CONGRESSIONAL RECORD — SENATE March 5, 2007 LEGISLATIVE SESSION not award any grants or distribute any grant the Improper Payments Act. The De- funds under any grant program under this The PRESIDING OFFICER. Under partment of Homeland Security’s inde- Act or an amendment made by this Act, pendent auditor has repeatedly cited the previous order, the Senate will now until the Secretary submits a report to the return to legislative session. noncompliance, and the Department of appropriate committees that— Homeland Security continues to face f (1) contains a certification that the De- partment has for each program and activity significant challenges with FEMA and IMPROVING AMERICA’S SECURITY of the Department— the Individual and Households Pro- ACT OF 2007—Continued (A) performed and completed a risk assess- gram. ment to determine programs and activities Based upon the Department’s per- AMENDMENT NO. 328, AS MODIFIED that are at significant risk of making im- formance and accountability report Mr. LIEBERMAN. Mr. President, I proper payments; and and their independent auditor assess- ask unanimous consent that amend- (B) estimated the total number of improper ment, the following programs are out ment No. 328 be modified, with the payments for each program and activity de- of compliance with the improper pay- changes at the desk. termined to be at significant risk of making ments act: Customs and Border Protec- The PRESIDING OFFICER. Without improper payments; and tion; Office of Grants and Training; objection, the amendment is so modi- (2) describes the actions to be taken to reduce improper payments for the programs Federal Air Marshals—the Coast Guard fied. and activities determined to be at signifi- was supposed to have done a perform- The amendment, as modified, is as cant risk of making improper payments. ance evaluation and risk assessment follows: The PRESIDING OFFICER. The Sen- but it has not been done; FEMA; the (Purpose: To require Amtrak contacts and ator from Oklahoma. Transportation Security Agency; and leases involving the State of Maryland to Mr. COBURN. Mr. President, by our Immigration and Customs Enforce- be governed by the laws of the District of estimates, this bill is about $17-plus ment. Not one of them has performed Columbia) billion. As I said, it has not been the first risk assessment as to im- On page 299, between lines 2 and 3, insert scored. The House bill that will be proper payments. the following: In case you think that is not a lot of merged with this in conference is over SEC. 1337. APPLICABILITY OF DISTRICT OF CO- money, we have already spent over $25 $20 billion. That is a large chunk of LUMBIA LAW TO CERTAIN AMTRAK billion in grants through the years for change for the American taxpayer. CONTRACTS. these programs, of which we have not What we know is a lot of the grants Section 24301 of title 49, United States looked at the problem accounts. The Code, is amended by adding at the end the which make up about $3-plus billion a press is replete with problems in terms following: year over the next 5 years of the vast of these grants: $9 billion on State and ‘‘(n) APPLICABILITY OF DISTRICT OF COLUM- majority of this bill will be homeland local preparedness grants—that is what BIA LAW.—In the case of Maryland, any lease security grants of one type or another. or contract entered into by the National we get from DHS. Secretary Chertoff at What we know is the Department of Railroad Passenger Corporation after the the most recent hearing said $5 billion date of the enactment of this subsection Homeland Security has not followed of the money, another $5 billion—part shall be governed by the laws of the District the law when it comes to improper pay- of which has been obligated but has not of Columbia.’’. ments. gone out the door yet. Mr. LIEBERMAN. I thank the Chair, What the Improper Payments Act of I think we owe it to the American and I yield the floor. 2002 required of every agency of the people, if there is a law on the books, Mr. COBURN. Mr. President, I ask Federal Government was that they per- before we send more money out the that the pending amendment be set form a risk assessment of every pro- door the agency ought to comply with aside. gram they have, that they develop a the law. They ought to at least do a The PRESIDING OFFICER. Without statistically valid estimate of improper risk assessment. If there is no risk, objection, it is so ordered. payments, that they develop a correc- that is fine. Then they will have com- tive action plan, and they report the AMENDMENT NO. 325 TO AMENDMENT NO. 275 plied with the law. But if there is risk, results of those activities to us. Mr. COBURN. Mr. President, I call up we ought to be identifying the risk. This is not an optional plan for the Every dollar we spend wastefully is a amendment No. 325. agencies. Yet this plan has been ig- The PRESIDING OFFICER. The dollar we don’t use to protect ourselves nored since its inception and since the in terms of our security. clerk will report. creation of the Department of Home- The legislative clerk read as follows: KPMG was the independent auditor land Security. We are getting ready to for 2004, 2005, and 2006 for the Depart- The Senator from Oklahoma [Mr. COBURN] send another $17- to $18 billion-plus out proposes an amendment numbered 325. ment of Homeland Security. In each the door for homeland security one of those years they were out of Mr. COBURN. Mr. President, I ask grants—that is the majority of this— compliance with this act. Specifically, unanimous consent that the reading of and we know the Department of Home- the Department is cited for not insti- the amendment be dispensed with. land Security is not in compliance with tuting a systematic method of review- The PRESIDING OFFICER. Without the Federal law. ing all practices and identifying those objection, it is so ordered. The reason the law exists is to make believed to be susceptible to erroneous, The amendment is as follows: sure we get good value for the tax- improper payments. The most impor- (Purpose: To ensure the fiscal integrity of payers’ money. The year 2004 was the tant part of the Improper Payments grants awarded by the Department of first year the agencies were required to Act is to create the process of good, Homeland Security) respond to this act. It is worth noting strong oversight within the Depart- On page 106, preceding the matter on line 7, again that there is not an agency of ment to make assessments about insert the following: the Federal Government, not one agen- whether they are making improper SEC. 204. COMPLIANCE WITH THE IMPROPER cy, that is exempt from this law. This payments. What this assessment does PAYMENTS INFORMATION ACT OF is not a request. This is a statutory re- 2002. is it identifies where those improper quirement of every agency. (a) DEFINITIONS.—In this section, the payments could have been made, and term— The Department of Homeland Secu- that is essential to find out where the (1) ‘‘appropriate committees’’ means— rity has not even complied with the problems exist. (A) the Committee on Homeland Security first step of this law. They have not This amendment does not debate any and Governmental Affairs of the Senate; and performed risk assessments for the proof the merits of the Department’s pro- (B) the Committee on Oversight and Gov- grams to be of significant risk of mak- grams. It simply demands compliance ernment Reform of the House of Representa- ing improper payments. They are an with the transparency and account- tives; and at-risk program according to the anal- ability measurements that already (2) ‘‘improper payment’’ has the meaning ysis, yet they have not even looked to given that term under section 2(d)(2) of the exist under current law. If we want the Improper Payments Information Act of 2002 do a risk assessment. The Government American people and the executive (31 U.S.C. 3321 note). Accountability Office has found at branch to take us seriously, Congress (b) REQUIREMENT FOR COMPLIANCE CERTIFI- least six major programs at this De- must demand compliance with the laws CATION AND REPORT.—The Secretary shall partment are out of compliance with that are laws. We cannot back off.

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.053 S05MRPT1 ccoleman on PROD1PC60 with SENATE March 5, 2007 CONGRESSIONAL RECORD — SENATE S2589 This amendment is not a surprise to chasing security with dollars. The only that money that comes out of Congress the Department of Homeland Security. transparency we have here is that to address those ought to be absolutely They know they are failing and they there is a total lack of transparency in risk based. The House bill at least is need to respond to it. This amendment the Department of Homeland Security. down to 0.25 percent for every State. in no way jeopardizes State funding. Needless to say, this is a bill that What that gives us is about 15 percent Let me tell you why. It is because goes far outside 9/11 recommendations. of the money is going to go to the there is a pipeline of 9 to 12 months in The 9/11 recommendations said all States regardless of their risk. So that the works already on grants that are money should be risk based. What we is about $3.5 billion or $4 billion—no going there. For this to have any im- have turned around with the 9/11 bill, risk, you are going to get Homeland pact would mean they would have to this one and what had passed in the Security grants even though you have not respond for another year before previous Congresses, is a way to dole no risk. those grants would be in jeopardy. out money to States and not hold them Think about what we are going to Some of my colleagues say, You can’t accountable. ask ourselves if we have another ter- do this. You can’t put these grants at What this amendment says is you are rorist attack and it is in one of the the risk of noncompliance of an agency going to have to start being account- high-risk areas and we have sent, year in terms of meeting the law. The ques- able. If we are going to send out an- after year after year, $4 billion to areas tion ought to be, Why not? Why other almost $20 billion in terms of that do not have a high risk and that shouldn’t we put the agency at risk grants, Homeland Security ought to money could have prevented that ac- with their grants for being noncompli- have to follow the law in terms of im- tion. ant? proper payments. With good fiscal discipline, we will The other point I make is most of Remember, these grants are not com- best protect the people of this country. these grants go to States and local- petitively awarded—which is very dif- I know the tendency of this body is to ities. The problem with the grants is ferent than the grants we have in al- make sure you get enough for you and there is some culpability on the part of most every other Federal program. The to make sure you can go home and say the States and the localities in terms fact they are not competitive is an- we got this for you. You pat yourself of these grants. The States are not to- other reason, a much greater reason, on the back. But I wonder how many of tally innocent. There is $2.5 billion for us to demand accountability and us will be patting ourselves on the that has not even been awarded yet transparency at the Department of back when we buy things that are not that still can be awarded before this Homeland Security. These grants are absolutely necessary with these grants takes effect. So there is still another $5 also not let on the basis of risk. Some that are going to States and we ignore billion, which is greater than the are. In some of these it will be down to the very high-risk east coast, west amount we spend in any one year on .45 percent, others at .75, and a few at coast, gulf coast, and the large metro- these grants. What this amendment .25. Most of them have no local match politan areas in this country that need says is they cannot go past that unless so there is no risk on the side of the more money while we are playing poli- they have complied with the law. States or the municipalities that get tics with 15 to 20 percent of the money. If we are not going to agree to this these grants. We will be judged on that, and that amendment, then we need to trash the Just a note: The best way for Con- judgment will not be a pretty picture. Improper Payments Act. If we are not gress to practice spending discipline is This amendment simply says no going to say the Department of Home- to demand that the agencies comply funds can go for any of these grants land Security has an obligation to fol- with the laws assuring appropriated until FEMA and the Department of low the law, then we ought to take the dollars are spent adequately, appro- Homeland Security start complying law off the books. We know for sure in priately, and lawfully. We have yet to with the Federal statute, which is the other areas of the Federal Govern- do that with many agencies. called the Improper Payments Act of ment we have somewhere between $40- DHS is a good place to start. FEMA 2002. It is very straightforward. and $80 billion worth of improper pay- awarded $22.6 million for crisis coun- What we will have raised is the fear ments. We know we have $40 billion of seling for victims of Hurricanes Rita that my State may not get some improper payments, overpayments, in and Katrina—$22.6 million. Katrina did money. They have a year to comply. Medicare; somewhere close to $30 bil- not even hit Florida. Yet a large por- They have plenty of time to do what lion in Medicaid. We have a third of the tion of that was spent in Florida. There they have been asked to do. Senator Earned Income Tax Credit that we is no accountability. There was no risk OBAMA and I, this last year, over 8 know were improper payments and we assessment. Was there a risk? They months ago, sent a letter to the De- have only looked at 40 percent of the have not done the work we demand by partment of Homeland Security asking Government; 60 percent of the Govern- the law and what is being demanded of why. ment still isn’t complying. other agencies. I ask unanimous consent to print We ought to say right now if we are There was an article in the Florida that letter in the RECORD. going to put more money through the Sun. I cannot vouch for its accuracy, There being no objection, the mate- door, the American taxpayer ought to but where there is a little smoke there rial was ordered to be printed in the have value for the money they send is some fire. Of the $1.2 billion in aid RECORD, as follows: through that door. What we are saying that FEMA granted to individuals—not U.S. SENATE, is we want them to be accountable, to municipalities or contractors but to in- Washington, DC, November 16, 2006. be accountable as an agency of the dividuals—affected by the weather dis- Hon. MICHAEL CHERTOFF, Federal Government. There ought to be asters between 1999 and 2004, the Flor- Secretary, U.S. Department of Homeland Secu- transparency. We ought to be able to ida Sun-Sentinel found of $1.2 billion, rity, Washington, DC. see where they are making mistakes at least $330 million of that went to DEAR SECRETARY CHERTOFF: We are writing and where they are not. The question people who did not personally suffer with regard to a recent Government Ac- any damage or disruption from the countability Office (GAO) report concerning of not even asking the question is what improper payments at the Department of we are debating with this amendment; storms. That is a fourth of the money Homeland Security (DHS). The persistent they are in absolute noncompliance out of that $1.2 billion. No wonder we pattern of improper payments limits the De- with the Federal law that requires have a deficit. No wonder. Because we partment’s ability to respond to our nation’s them to be compliant about whether are not willing to take the time to most dire threats and hazards, and we seek their grants are improperly paid or force an agency to do what they should assurances that you are taking adequate funding other than what they expected be doing under the law. steps to address this problem. to fund. I want to talk for a minute about As you may know, the GAO released a re- Investigation showed FEMA spent this bill. The 9/11 Commission was very port on November 14, 2006 assessing the compliance of government agencies with the Im- millions on puppet shows, bingo, and succinct and direct, noting that we proper Payments Information Act (IPIA) of yoga in south Florida. There is an arti- have tremendous vulnerabilities and 2002 (P.L. 107–300). Congress passed and the cle in the National Review, 7/19/05, on risks and exposures throughout this President signed the IPIA with the belief homeland pork. Baltimore Sun, 5/29/05, country. They were very clear to state that the Federal government, as a steward of

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.055 S05MRPT1 ccoleman on PROD1PC60 with SENATE S2590 CONGRESSIONAL RECORD — SENATE March 5, 2007 taxpayer dollars, should safeguard these the money. It is only right for our chil- BEN NELSON and COBURN included those funds from improper payments and make dren and grandchildren to get fair provisions in the Nelson-Sessions im- timely and accurate reports on the improper value for the taxpaying public, as we migration enforcement bill in the last payments that do occur, so that erroneous send out this money. Congress. payments are not repeated in the future. Based on the recently-released GAO report, I am a skeptic when it comes to this Additionally, my amendment is al- it appears that DHS is not fulfilling its duty body, when it gets away from the polit- most word for word the provision that to address improper payments. Specifically, ical porking that goes on. I am not the Senate Judiciary Committee in- the Department appears to have failed to sure this amendment will pass. But if cluded when it marked up the Senate adequately perform the first step in reducing it doesn’t pass, I will offer an amend- immigration bill last year and the pro- improper payments—assessing which of its ment to get rid of the Improper Pay- programs are at risk for these payments. If vision that the full Senate voted for ments Act because there is no reason when it passed S. 2611. an accurate risk assessment does not occur, to have a law that we are not going to the Department’s ability to reduce improper The first section of the amendment payments is seriously compromised. enforce. If we are not going to enforce it, why is it on the books? It is similar reaffirms what I believe to be the exist- We understand that in the period evaluated ing inherent authority of State and by the GAO (in DHS’ Fiscal Year 2005 Per- to enforcing the borders. The law is formance and Accountability Report), DHS there, but we don’t do it. local law enforcement to assist the identified no programs in the entire agency We have to be accountable to the Federal Government in enforcing the with a high risk for improper payments. American public to make sure that immigration laws of the United States However, the GAO analysis of certain DHS agencies follow the law. This is a sim- during the normal course of carrying programs indicates that the Department has ple amendment that requires Homeland out their law enforcement duties. The not ‘‘institute[ed] a systematic method of re- Security to follow that. amendment specifically states that the viewing all programs and identifying those it By the way, we have not had an an- participation of State and local law en- believed were susceptible to significant erro- forcement personnel is not required, neous payments.’’ swer to this letter. It was dated No- For example, GAO points to the Individ- vember 16. I spoke in error. not mandated by this legislation. It is uals and Households Program (IHP) within UNITED NATIONS FUNDING 100 percent voluntary. the Federal Emergency Management Agen- I want to correct something I said Section 2 of the amendment deals cy. Despite warnings of reported financial last week on the United Nations. My with the listing of immigration viola- management weaknesses in the IHP program numbers were wrong. We, in fact, do tors in the National Crime Information from the DHS Office of Inspector General and the Senate Committee on Homeland Se- pay for about 22 percent of the unified Center database. State and local offi- curity and Government Affairs, DHS con- budget at the United Nations, and our cers need easily accessible roadside ac- cluded that the program did not meet the total contribution is in excess of $5 bil- cess to critical immigration informa- OMB standard for identifying programs sus- lion. I had the ratios right, I had the tion, just as they would do for citizens ceptible to significant improper payments— numbers wrong. I want to correct that of the United States who violate our exceeding $10 million and 2.5 percent of pro- for the RECORD today. laws. Officers routinely, when they gram payments. However, the GAO analysis I yield the floor. stop people on the road, run National of the IHP program reveals improper pay- The PRESIDING OFFICER. The Sen- Crime Information Center database ments of approximately $1 billion. In GAO’s ator from Alabama is recognized. words, this ‘‘dramatically different’’ result— checks when they pull over suspects, a difference of at least $990 million—far ex- AMENDMENT NO. 305 speeders, or people they are inves- ceeds the OMB requirement for a high-risk Mr. SESSIONS. Mr. President, I call tigating for other crimes. The NCIC is program. up amendment No. 305. I believe it is their bread-and-butter database. Today In fact, this was the third year in a row already pending, having been offered by the immigration violators file of the that your independent auditor reported IPIA Senator MCCONNELL. National Crime Information Center noncompliance for DHS. If DHS cannot accu- The PRESIDING OFFICER. The database contains information on de- rately determine which of its programs are amendment is pending. ported felons, alien absconders, and at risk for improper payments, it cannot Mr. SESSIONS. Mr. President, I ask take further steps to root out these pay- wanted persons, aliens with out- ments. And if steps are not taken to root out unanimous consent that Senators standing criminal warrants. That is in improper payments in an agency with an an- CRAIG, INHOFE, ISAKSON, and COBURN be the National Crime Information Center nual budget of over $34 billion, American made cosponsors of the amendment. database. But my amendment would di- taxpayer dollars will be left vulnerable to The PRESIDING OFFICER. Without rect that the Department of Homeland waste, fraud and abuse with funds that objection, it is so ordered. Security work with the FBI to place should have been used to protect them. Mr. SESSIONS. Mr. President, it is additional information on certain im- Please provide us with an explanation of critically important that we clarify the migration violators into the already how the Department failed to identify the role of State and local law enforcement existing immigration violators file. IHP as a risk susceptible program during the officers in the enforcement and appre- risk assessment process for fiscal year 2005, hension of those who violate our immi- The four categories of immigration potentially failing to account for as much as violators whose information would be $990 million in improper payments. We fur- gration laws and that we expand the National Crime Information Center in- entered are, one, aliens who have final ther ask that you provide details on how the orders of removal. That is someone Department plans to institute an improved terest. It is critical that we have them method of reviewing all of its programs and participate because with expanded who has been apprehended, gone identifying those programs that are suscep- NCIC capability, which I am surprised through a hearing, and a judge has or- tible to improper payments, in accordance is not already being done, they can be dered finally that they be removed with the letter and spirit of the law. partners in Federal law enforcement from the country for whatever viola- Please provide a response by December 15, efforts. tion; two, it would cover aliens under 2006. Thank you in advance for your consid- voluntary departure agreements who eration of this important matter. It would be in compliance with what the 9/11 Commission and other reports for one reason or another have signed Sincerely, an order that they would voluntarily BARACK OBAMA, have asked us to do. It is a loophole in U.S. Senator. the system today that needs to be deport themselves or leave the coun- TOM COBURN, fixed. try; No. 3, it would cover aliens who U.S. Senator. The amendment I offer is a slimmed are known to have overstayed their au- Mr. COBURN. This letter was sent to down version of the bill I offered in the thorized period of stay, the visa Secretary Chertoff. The Federal Finan- last Congress, the Homeland Security overstays; and No. 4, it would cover cial Management Subcommittee of the Enforcement Enhancement Act. That aliens whose visas have been revoked. Committee on Homeland Security and was cosponsored by Senators CRAIG, Sometimes people misbehave seriously. Governmental Affairs had four hear- INHOFE, and ISAKSON. The ideas con- Twenty-seven percent of our Federal ings on improper payments. We know tained in the amendment have also penitentiary bed spaces today are filled what is required. We know they can do been supported by Senators KYL and by noncitizens. it. What the Congress has to do is CORNYN. They included it in their im- For some reason in recent years we make them do it, if they want to spend migration bill last Congress. Senators are seeing a substantial number of

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.012 S05MRPT1 ccoleman on PROD1PC60 with SENATE March 5, 2007 CONGRESSIONAL RECORD — SENATE S2591 criminal aliens coming into the coun- Hart-Rudman report recommendations any State in America stops someone try. These are not bed spaces for immi- that we look at the growing role for for speeding or DUI and finds out they gration law violations, not people wait- State and local law enforcement, that are here illegally, they basically take ing to be deported. These are people we move toward an immigration sys- no steps to even contact INS because who have been arrested, tried, or con- tem that can ‘‘deliver on its basic com- they only have 2,000 agents in the en- victed of Federal criminal laws such as mitments’’ as a way to fight terrorism, tire United States and they are not drug dealing and assaults or smug- and that we ‘‘tap the eyes and ears of going to come out there and get them. gling, things of that nature. local and State law enforcement offi- In fact, for other legal reasons, they When State and local police officers cers’’ in an effort to find the hundreds may have some doubt—although, encounter individuals during their reg- of thousands of fugitive aliens in the frankly, not much—but there is some ular law enforcement duties, it is im- United States. doubt about what their authority portant that they know if the indi- Most Americans would probably be might be. vidual in front of them falls into one of amazed that is not occurring today. In Now, we have done some research these violator categories. Importantly, fact, a recent poll of 3 years ago was into this and believe the legal author- my amendment includes a new proce- done on this very subject. It found that ity of State and local officers to volun- dure for removal of erroneous informa- a large majority of Americans believe tarily act on violations of immigration tion from NCIC. If there is something that State and local governments law is pretty clear. If there is any entered incorrectly, under the new pro- should be aiding the Federal Govern- doubt that State and local law enforce- cedures an alien may petition the Sec- ment in finding alien fugitives. That is ment officers have any authority—and retary of the Department of Homeland pretty commonsensical. In fact, a if there is any, and there certainly is Security or the head of NCIC to remove Roper poll found that 85 percent of some today—Congress needs to remove any erroneous information that may Americans agree and 65 percent strong- that doubt, which is what this amend- have been placed in that file to protect ly agree—those are powerful numbers— ment will do. them from any unfair treatment. that Congress should pass a law requir- Basically, there is a split in the cir- These are recommendations that ing State and local governments and cuits. I will take just a moment to ex- should already be law, but they are rec- law enforcement agencies to apprehend plain. The Tenth Circuit on more than ommendations made in the 9/11 Com- and turn over to INS, now ICE, illegal one occasion concluded squarely that a mission Report. We are all familiar immigrants with whom they come in ‘‘state trooper has general investiga- with those recommendations, and they contact. That is pretty strong data. tory authority to inquire into possible have been included in the Hart-Rud- It is important to note that those re- immigration violations.’’ As the Tenth man report. sponses were collected in answer to Circuit went on to say, there is a ‘‘pre- On page 384 of the 9/11 Commission questions about requiring State and existing general authority of state or Report, the Commission says: local immigration enforcement action. local police officers to investigate and Our investigations showed that two sys- make arrests for violations of federal temic weaknesses came together in our bor- So it is very likely that a poll on this der system’s inability to contribute to an ef- subject, one about voluntary State and law, including immigration laws.’’ fective defense against the 9/11 attacks: a local assistance, would be even strong- The Tenth Circuit went on to say, in lack of well-developed counterterrorism er. 2001: measures as a part of border security and an Let me tell my colleagues about the [S]tate and local police officers [have] im- immigration system not able to deliver on problem that started my interest in plicit authority within their respective juris- its basic commitments, much less support this area and prompted me to offer this dictions ‘‘to investigate and make arrests for counterterrorism. These weaknesses have amendment, as well as 3 years ago to violations of federal law, including immigra- been reduced but are far from being over- tion laws.’’ come. push for a hearing, which was held on April 22, 2004, in the Judiciary Com- Now, these Tenth Circuit cases made On page 390, the report says: mittee entitled ‘‘State and Local Au- no distinction between criminal viola- There is a growing role for State and local thority to Enforce Immigration Law, tions and visa overstays, which are not law enforcement agencies. They need more criminal in nature but civil. But the training and work with Federal agencies so Evaluating a Unified Approach for that they can cooperate more effectively Stopping Terrorists’’ and for me to au- Ninth Circuit did. They concluded the with those Federal authorities in identifying thor a Law Review article in April of civil violations of a visa overstay did terror suspects. 2005, along with my chief counsel on not amount to an offense of law that In the fall of 2002, a year after the Judiciary, Cindy Hayden, that was pub- the local law enforcement officer could 9/11 attacks, the Council on Foreign lished in the Stanford Law and Policy arrest and detain for. It was in dictum, Relations published the Hart-Rudman Review, entitled ‘‘The Growing Role not part of the central holding of that report entitled ‘‘America Still Unpre- for State and Local Law Enforcement case. But that one piece of dicta has pared, America Still in Danger.’’ That in the Realm of Immigration Law.’’ created an impression throughout the report found that one problem America This is the reality. This is the prob- country that has impacted lawyers and still confronts is that 700,000 local and lem we are dealing with. Police chiefs police departments and sheriffs’ de- State police officials continue to oper- and sheriffs in Alabama have begun to partments all over America. ate in a virtual intelligence vacuum. tell me, as I have traveled the State They are telling their officers: Well, The first recommendation of the Hart- and met with them frequently, and as I it might be that the person you stop Rudman report was to ‘‘tap the eyes continue to do so, that they have been and is here illegally is a visa overstay and ears of local and State law enforce- shut out of immigration enforcement and not someone who came across the ment officers in preventing attacks.’’ and that they felt powerless to do any- border illegally, and if you arrest them That is their first recommendation, to thing about Alabama’s growing illegal and detain them, they might sue us, ‘‘tap the eyes and ears of local and immigrant population. I heard the they might sue the city, they might State law enforcement officers in pre- same story wherever I went: sue the police department. So they venting attacks.’’ When we come across illegal aliens in our have established policies based on this On page 19 the report specifically normal course of duty, we have given up call- ambiguity that have effectively re- cited the burden of finding hundreds of ing the INS, because they tell us we have to duced the participation of local law en- thousands of illegal fugitive aliens liv- have 15 or more illegals in custody or they forcement officers to a dramatic degree ing among the population of more than will not even bother to come and pick them in the enforcement of immigration 8.5 million illegal aliens and suggested up. laws. That is not appropriate. We can that the burden could and should be Even worse, Alabama police were fix that. This amendment would fix shared with the 700,000 local, county, routinely told that aliens could not be that. and State law enforcement officers, if detained until INS could manage to The second problem the amendment they could be brought out of the infor- send someone. They were told they just deals with is the inadequate way we mation void. had to let them go. This is basically share information on immigration So this amendment I am offering the policy all over America today, I kid matters with State and local police. We tightly targets 9/11 Commission and you not. If a local officer in virtually have databases full of information on

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Instead, officers known to have overstayed their au- check, did not discover this warrant are required to make a special second thorized period of stay should be en- had been issued and let him go with inquiry to the Law Enforcement Sup- tered. only a warning. port Center, which is headquartered in The fourth group: aliens whose visas Now, OK, Atta had not yet become il- Vermont, to see if the person they have been revoked, for heaven’s sakes, legal. I believe at that time he still was pulled over is an illegal alien wanted ought to be in there. on a legal status. However, it was by DHS. If somebody is here improperly— about to expire. I doubt he would have Now, I have to tell you, they are not maybe they have been associated with returned to the immigration office to just carrying around in their pocket some criminal enterprise; the ICE peo- get it extended. He would soon have those phone numbers anyway. They do ple have revoked their visa for some been here illegally as a visa overstay. not know how to do it. They are not reason; it would have to be significant, He could well have been apprehended comfortable with it. It is not what they usually, for that to occur—they ought and identified before 9/11 had he done do every day. They are not doing it. to go in there because if they are so. Besides, if they do and find out the per- stopped somewhere, they should be de- That is the example I am trying to son is illegal, there is nothing much tained and turned over to ICE; other- make. It could very well have been de- they can do but let them go anyway. wise, the system is not working. cisive. Let me tell my colleagues—I know So the ability of the bread-and-butter Also Hani Hanjour was, just 1 month how this system works—if someone had NCIC database to convey to local po- before 9/11, stopped by police in Arling- their visa revoked and had been or- lice who stop someone out on the high- ton, VA, for driving 50 miles an hour in dered to be removed, trust me, the ICE way information that this may be a a 35-mile-per-hour zone. He was in a agents do not go out and walk the wanted person, maybe even a terrorist, Chevy van with New Jersey plates. He streets of Philadelphia or Atlanta or has been severely impacted or really is produced a Florida driver’s license. But Birmingham and look for them so they not effective in many different areas. he was the pilot of the American Air- can deport them. They do not do it. I have complained about this for lines Flight 77 which crashed into the They are not even close to having the some time, and some progress has been Pentagon. made but not enough. To date, the Im- ability to do that. Only the people for A third hijacker was stopped by migration Violators File of the NCIC whom they have evidence who are ex- State police just 2 days before Sep- contains about 200,000 entries, and only tremely dangerous is that done. That is tember 11, also for speeding. Maryland about 107,000 of the approximately very few. The way most people are State police stopped Ziad Jarrah on 600,000 alien absconders are in the caught is just like everybody else in Interstate 95 for driving 90 miles an NCIC. I want you to hear that. Only America who is caught who has ab- hour in a 60-mile-per-hour zone. about 100,000 of the 600,000 alien ab- sconded or run off on bail. They get Well, we are not talking about aca- sconders have been entered into the caught by getting picked up by police demic matters; we are talking about NCIC. on a traffic stop somewhere. The police So what does that mean? That means officer runs their name and ID in NCIC the fact that the alien database needs if a local police officer somewhere and a hit comes back; there is a war- to be accessible to local police. It stops a person who has been previously rant for his arrest in Montgomery, AL, might as well, for all practical pur- arrested for an immigration violation for armed robbery, and he locks him poses, be locked up in some vault some- and that person has been released on up. where in secrecy, the way it is being bail, as often is the case, and ordered If you are an American citizen and done today. It is not available to the to return to court or to be deported— you get a reckless driving ticket and people out there who need it. and they frequently do not do so; they you are ordered to appear in court at a The Hart-Rudman Commission raised abscond; and there are 600,000 of those given time and place and you do not that point, as did the 9/11 Commission. absconders out there, but only 107,000 appear in court, they issue a warrant I have been told at hearings by the ap- of those records are in NCIC, so a local for your arrest. Normally, the police propriate officials that the NCIC sys- police officer is not likely to find a hit officers do not go out and chase you tem can handle the additional data. It for the person before him—there will be down all over and find you to arrest will not overburden the system. It will a 1-in-5 chance of them getting that you. Normally, they put it in the NCIC make this information readily and im- hit. immediately on the assumption you mediately available to a police officer. That really needs to be fixed. For the will soon be stopped somewhere else He or she may have stumbled onto a life of me, I cannot see why more along the way and they will get a hit person such as Mohamed Atta on his progress has not been made. We have on you and somebody will put you in way to commit a horrible, unspeakable been talking about this for 4 or 5 years jail because you have a warrant for act of terrorism against the people of in the Senate Judiciary Committee flight out there or for jumping bail. the United States. That opportunity to with the Department of Justice offi- But we do not do that for noncitizens. make that arrest and to identify that cials and ICE officials and FBI people A citizen, that will happen to; a U.S. criminal is most important. who run the NCIC. Senator, that will happen to but not So that is the purpose of the amend- At the very least, NCIC should con- somebody who is coming to the coun- ment. I believe as people think about it tain four types of immigration infor- try illegally. We do not do the same we will see the need for it. I have tried mation. thing when they jump bail on their to get this done in any number of dif- The first group: aliens with final or- charges. ferent ways, but we have not quite got- ders of removal. If someone has been So there are a lot of stories we can ten there yet. I think there is a major- ordered removed, they should not be in tell. I will just summarize a number of ity in the Senate, probably on both this country. They sometimes leave them. It really caught the attention of sides of the aisle, who would support the country and come back into the the 9/11 Commission. For example, this when it is clearly raised. But as so country and you get a hit on that per- Mohamed Atta, who is believed to have often tends to happen, matters that ac- son. In other words, they have been or- piloted American Airlines Flight 11, tually work to a significant degree and dered removed. Why are they back in which flew into the World Trade Cen- will actually substantially increase the the country? ter’s North Tower, and played a leading ability of our law enforcement system The second group that should be in role in more than 3,000 deaths that oc- to be effective are the things that do there: aliens under voluntary departure curred that day, in July, just 2 months not become law. It is almost like if it agreements. Some agree to leave vol- before the attacks, was stopped by po- works, it will not pass. If you come up untarily and sign an agreement to that lice in Tamarac, FL, and was ticketed with something that sounds good but effect. They ought to be in there be- for having an invalid license. He ig- will not work, that will get passed.

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.064 S05MRPT1 ccoleman on PROD1PC60 with SENATE March 5, 2007 CONGRESSIONAL RECORD — SENATE S2593 This needs to be done. In many ways, (4) On October 26, 2006, the President signed very much, Mr. President. I appreciate it will be a test of the Members of this the Secure Fence Act of 2006 (Public Law the statements of my friend. 109–367; 120 Stat. 2638), which mandates that body. f Are we serious about enforcement of ‘‘[n]ot later than 18 months after the date of the enactment of this Act, the Secretary of MORNING BUSINESS immigration laws? I think we are be- Homeland Security shall take all actions the coming that way. I believe there is a Secretary determines necessary and appro- Mr. REID. Mr. President, I ask unan- growing understanding that lawfulness priate to achieve and maintain operational imous consent that there be a period of needs to be returned to immigration. control over the entire international land morning business with Senators per- Without it, we are going to continue to and maritime borders of the United States,’’ mitted to speak for up to 10 minutes have an erosion of public confidence in including ‘‘physical infrastructure enhance- each. our system. We can do all of that. I ask ments to prevent unlawful entry by aliens The PRESIDING OFFICER. Without that my colleagues consider this into the United States’’ into law. objection, it is so ordered. (b) SENSE OF CONGRESS.—It is the sense of amendment. I hope we will be able to Congress that Congress should— f move it forward as part of this security (1) appropriate funds in the Department of TRIBUTE TO HAL ROTHMAN legislation. Homeland Security Appropriations Act for Mr. President, I yield the floor, and I fiscal year 2008 to fund, at a minimum, the Mr. REID. Mr. President, it is with note the absence of a quorum. strong commitment to border security rep- great sadness that I rise to share the The PRESIDING OFFICER. The resented in the President’s budget request passing of a real Nevadan, Dr. Hal clerk will call the roll. for fiscal year 2008, which is consistent with Rothman. After a struggle with Lou The assistant legislative clerk pro- the congressional intent expressed in amend- Gehrig’s disease, Hal passed away on ceeded to call the roll. ment 3979 sponsored by Senator Sessions to February 25, 2007. He was a loving hus- Mr. SESSIONS. Mr. President, I ask Senate Bill 2611 (109th Congress), amendment 4775 sponsored by Senator Sessions to House band to Lauralee, a father to Talia and unanimous consent that the order for Bill 5631 (109th Congress), and the Secure Brent, and a friend to many who were the quorum call be rescinded. Fence Act of 2006; and privileged to know him, including me. The PRESIDING OFFICER. Without (2) appropriate funds in Department of Hal’s professional life and commu- objection, it is so ordered. Homeland Security Appropriations Acts for nity involvement were remarkable. Hal AMENDMENT NO. 347 TO AMENDMENT NO. 275 fiscal years after fiscal year 2008 in a manner was a history professor at UNLV, a Las Mr. SESSIONS. Mr. President, I send consistent with the congressional intent ex- Vegas Sun columnist, and a respected an amendment to the desk. pressed in such amendment 3879, such author on Western and environmental The PRESIDING OFFICER. Is there amendment 4775, and the Secure Fence Act of 2006. history. Whenever anyone needed a objection to setting aside the pending quick quote or quip about Las Vegas, amendment? Without objection, it is so Mr. SESSIONS. Mr. President, I thank the Chair. I yield the floor, and they often called Hal. From syndicated ordered. news shows to historians, Hal was often The clerk will report. I note the absence of a quorum. The PRESIDING OFFICER. The seen as the go-to-man for anything re- The assistant legislative clerk read lated to the city. as follows: clerk will call the roll. The assistant legislative clerk pro- Hal’s love of Las Vegas was clearly The Senator from Alabama [Mr. SESSIONS] ceeded to call the roll. apparent last October when he was offers an amendment numbered 347 to honored as the Chin’s Humanitarian of amendment No. 275. Mr. REID. Mr. President, I ask unanimous consent that the order for the the Year by the southern Nevada chap- Mr. SESSIONS. Mr. President, I ask quorum call be rescinded. ter of the Muscular Dystrophy Associa- that this amendment be called up and The PRESIDING OFFICER. Without tion. In his prepared remarks Hal made pending. objection, it is so ordered. wrote: The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- I have sought to explain our wacky city objection, it is so ordered. imous consent that at 11:30 tomorrow and State to an often skeptical and some- The amendment is as follows: morning, the Senate proceed to vote in times incredulous national and international (Purpose: To express the sense of Congress relation to the following amendments audience. Las Vegas not only became our regarding the funding of Senate approved in the order listed, that there be 2 min- home but also a city I love with all my construction of fencing and vehicle bar- heart. utes of debate between each vote, with riers along the southwest border of the Hal was an outstanding ambassador United States) the time divided and controlled in the usual form: amendment No. 316, for Las Vegas and to a larger extent At the appropriate place, insert the fol- Nevada. He was our front man. He was lowing: McCaskill; amendment No. 315, our image. He was our voice to the SEC. ll. SENSE OF CONGRESS ON THE FUNDING Lieberman, as amended, if amended; OF FENCING AND VEHICLES BAR- Collins amendment No. 342; and amend- world. Nevada has lost one of its favor- RIERS ALONG THE SOUTHWEST BOR- ment No. 314, the DeMint amendment. ite sons, and Hal will be forever re- DER OF THE UNITED STATES. The PRESIDING OFFICER. Is there membered as a tireless advocate for (a) FINDINGS.—Congress makes the fol- Las Vegas. lowing findings: objection? (1) On May 17, 2006, by a vote of 83 to 16, the Mr. MCCONNELL. Mr. President, re- f serving the right to object, and I would Senate approved amendment 3979 sponsored DIABETES SCREENING AND say to my good friend, the majority by Senator Sessions to Senate Bill 2611 MEDICAID SAVINGS ACT (109th Congress), the Comprehensive Immi- leader, I will have to object. I have not gration Reform Act of 2006, which required had a chance to vet several of these Mr. DOMENICI. Mr. President, on the Secretary of Homeland Security to con- amendments on this side yet, and I un- Friday, my colleague Mr. SCHUMER and struct at least 370 miles of fencing and 500 derstand we are still going to have a I introduced the Diabetes Screening miles of vehicle barriers along the southwest vote on the DeMint amendment, a mo- and Medicaid Savings Act of 2007. This border of the United States. tion to table in the morning, even if bill will provide a diabetes screening (2) On August 2, 2006, by a vote of 94 to 3, benefit for adults within the Medicaid the Senate approved amendment 4775 spon- this unanimous consent is not agreed sored by Senator Sessions to House Bill 5631 to. So, therefore, I will be constrained program. Only Medicaid eligible indi- (109th Congress), the Department of Defense for the moment to object. viduals who are enrolled in the pro- Appropriations Act, 2007, which included a The PRESIDING OFFICER. Objec- gram and who meet certain qualifica- provision to appropriate $1,829,000,000 for the tion is heard. tions will be covered. If you test posi- construction of 370 miles of fencing and 461 Mr. MCCONNELL. I would indicate to tive for diabetes, then there is man- miles of vehicle barriers along the southwest the majority leader I will continue to dated coverage of treatment, supplies, border of the United States. work on it. I believe I am also correct and education. (3) On September 20, 2006, by a vote of 80 to According to the American Diabetes 19, the Senate approved House Bill 6061 (109th the plan is to go ahead and have a vote Congress), the Secure Fence Act of 2006, on the tabling motion of the DeMint Association, diabetes affects nearly 21 which mandates the construction of fencing amendment. million Americans, about 7 percent of and border improvements along the south- Mr. REID. Yes. If I was unable to do the total population. The number of west border. that, that is what I will do. Thank you U.S. adults with diagnosed diabetes has

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.065 S05MRPT1 ccoleman on PROD1PC60 with SENATE S2594 CONGRESSIONAL RECORD — SENATE March 5, 2007 increased by more than 60 percent round of competition, the young worked as the curator of the Horn Ar- since 1991 and is projected to more than women of Kamehameha demonstrated chaeological Museum. double by 2050. It ranks as the sixth amazing skill and athleticism acquired Dr. Geraty has had led a prominent leading cause of death in America. Peo- over many months of rigorous training. career in academia. He was the recipi- ple who have diabetes are much more The Kamehameha Varsity Cheer ent of a Fulbright fellowship. He served likely to suffer from blindness, kidney Team includes captains Corinne Chun, as an adviser on archaeology to former failure, heart disease, stroke, and nerve Jasmine Merseberg, Kendra Uson, and Crown Prince Hassan of Jordan. He damage. These complications result in Keeny Won; and members Erika Cas- served as vice president of the Amer- significant costs to the health care sys- tro, Kelli Ann Uehara, Cristina Lei ican Center of Oriental Research in tem as a whole as well as to the indi- Luke, Kanani Kekuawela, Savannah Amman, Jordan from 1982 to 2002. He vidual suffering from this disease. Wolfe, Kacie Kamaka‘ala, Ashley represented the U.S. Office of Edu- Diabetes health care specialists say Murakami, Robbi Bulatao, and Chelsea cation in a delegation of administra- that many patients who are diagnosed Bega. The team is led by cohead coach- tors to study minority education in with diabetes initially visit their doc- es Melissa Beimes and Dolly Wong, China. He has published roughly 50 tor not for symptoms related to the di- along with varsity coaches Giselle scholarly journal articles, edited 8 abetes but because they are already Ann-Kim and Shannon Cosma, all Ka- books and provided contributions to suffering from the secondary complica- mehameha School alumnae. over 30 books. tions. If diabetes complications are the I congratulate the Kamehameha Var- During his tenure as president of La first indication that you have diabetes, sity Cheer Team on their accomplish- Sierra University, the university has you are starting your fight at an in- ment, and I wish all of them the best in seen tremendous growth and has credible disadvantage. their future endeavors. I extend the played an integral role in the growth of Although the increasing burden of di- same congratulations to all members inland southern California and our Na- abetes and its complications is fright- and coaches who participated in this tion. Between 1993 and 2006 university ening, much of this burden could be year’s National High School Cheerlead- enrollment nearly doubled. In 2002, a prevented with early detection. Meth- ing Championship on a job well done.∑ biotechnology laboratory opened. In ods for controlling diabetes and mini- f 2004, U.S. News and World Report distinguished La Sierra University for its mizing its impact on health and health RECOGNIZING DR. LAWRENCE successes in student diversity. And this care costs are well documented. Yet ac- THOMAS GERATY cess to these services, including screen- year, Dr. Geraty had the great distinc- ing and early interventions, varies by ∑ Mrs. BOXER. Mr. President, I ask my tion of being named ‘‘Citizen of the State. colleagues to join me in recognizing Year’’ by the Greater Riverside Cham- The bill we are introducing today the lifetime contributions of Dr. Law- ber of Commerce. will provide a uniform benefit within rence Thomas Geraty as he retires as In his time as president of La Sierra the Medicaid Program. This bill recog- president of La Sierra University in University, Dr. Lawrence Geraty has nizes that diabetes has been found to southern California. Dr. Geraty’s provided our Nation with a role model be most prevalent in low-income and strengths as a churchman, educator, of leadership and citizenship. His com- certain ethnic populations. This bill academic, and administrator provide mitment continues to leave a legacy of makes sure that the needs of these pop- an example for us all. service to academia, scholarship, edu- ulations, such as Native Americans and Dr. Geraty has been a college and cation, his community and our Nation, Hispanics are addressed. university president for the past 22 and I applaud his lifetime of service as Complications of diabetes can be pre- years, first taking on this role at he retires.∑ vented and the costs of this disease to Union College in South Lancaster, MA, f our society can be contained. Early de- in 1985. For the past 14 years he has served as president of La Sierra Uni- TRIBUTE TO WALTER SONDHEIM, tection and treatment is the key. I JR. know that the chairman and ranking versity in Riverside, CA. ∑ member of the Finance Committee Growing up as a member of a Sev- Ms. MIKULSKI. Mr. President, I wish have been working very hard to reform enth-Day Adventist missionary family, to pay tribute to one of Baltimore’s the Medicaid Program so that it will Lawrence Geraty gained a broad per- great civic leaders, Walter Sondheim, better serve those who need it most. I spective of the world, living abroad or Jr. If ever there was a statesman from appreciate their efforts and hope they attending educational institutions in Baltimore, it was Walter Sondheim. will consider making the changes I am China including Hong Kong, Burma, From the time I entered public life in recommending. Lebanon, England, Germany, France, 1971, his name was synonymous with and Israel. He earned his bachelor’s de- integrity, public purpose and civic f gree from Pacific Union College, then leadership, and he was the most self-ef- ADDITIONAL STATEMENTS graduated from the Theological Semi- facing public figure I ever met. nary at Andrews University. Following Perhaps Walter Sondheim’s most his graduation, he served as a pastor in unique talent was his ability to man- CONGRATULATING HAWAI‘I’S NA- Santa Ana, CA, for a brief period of age transitions. Whether in business, in TIONAL CHEERLEADING CHAM- time. Thereafter, he joined Andrews the community or in his own personal PIONS Theological Seminary as a faculty life, Walter knew when to hold them ∑ Mr. AKAKA. Mr. President, I wish to member. After serving at Andrews, he and when to fold them. In the late 1950s congratulate the Kamehameha Varsity went to Harvard University to study and early 1960s, Walter recognized the Cheer Team which won the National Hebrew Bible and Biblical archaeology, evolution in Baltimore’s economic base High School Cheerleading Champion- earning his Ph.D. with distinction and from heavy industry and manufac- ship at Walt Disney World in Orlando, completing examinations in 10 lan- turing to tourism, service and tech- FL, on February 9 to 11, 2007. The Ka- guages. nology. He championed a new vision of mehameha squad received top marks After receiving his Ph.D. Dr. Geraty public land use and architectural excel- from the competition’s judges, gar- returned to Andrews Theological Semi- lence when he shepherded the Renais- nering a total of 713 points, thereby nary to work as Professor of Archae- sance of Baltimore and the creation of capturing the Small Varsity Division ology and History of Antiquity. For the the present day Inner Harbor. He chal- title. next 13 years, Dr. Geraty served as an lenged the business community to look The Warriors advanced to the na- educator and scholar in Jamaica, Jor- forward and prepare for the service tional championship by winning 1 of 58 dan, Costa Rica, Trinidad, Europe, and economy and the explosion of tech- regional competitions held across the Australia. During this period, he was a nology related businesses that was country and was 1 of 6 teams to ad- founding director of the Institute of being driven by our major universities vance directly to the finals. At the na- Archaeology at Andrews University, and federal scientific facilities. tional competition, Kamehameha faced led a series of major archaeological ex- In the larger community, Walter off against 55 rival squads. In the final peditions in the Middle East, and Sondheim led us from the darkness of

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.014 S05MRPT1 ccoleman on PROD1PC60 with SENATE March 5, 2007 CONGRESSIONAL RECORD — SENATE S2595 segregation and into the vision illumi- Accolades poured in from the many leaders and a longtime close friend, said he was nated by the U.S. Supreme Court’s de- Mr. Sondheim counseled throughout the dec- thinking back Thursday to something Mr. cision in Brown v. Board of Education ades. Sondheim told him 20 years ago. in 1954. Where other communities hesi- Gov. Martin O’Malley, who ordered state ‘‘He said, ‘Freeman , live life seriously, but flags to be flown at half-staff, said Mr. don’t take it seriously. You do your best, and tated or procrastinated, as president of Sondheim ‘‘wasn’t shy about reaching out’’ then you laugh,’ and that was Walter,’’ Mr. the Board of School Commissioners for to him with advice when Mr. O’Malley was Hrabowski said. Baltimore City, he forged ahead to im- mayor. Mr. Sondheim performed a vital role as a plement this milestone ruling long be- ‘‘If there was one enduring quality about link between the region’s businessmen and fore other cities around the Nation. Walter Sondheim, it was he had an unrelent- William Donald Schaefer when he was a city The result was a speedy, thoughtful, ing optimism about human nature,’’ Mr. councilman, mayor, governor and later state considered integration of the public O’Malley said Thursday night. comptroller. Sen. Benjamin L. Cardin said, ‘‘Whether it The two men met when a young Mr. Schae- schools. was integration of the city schools or the refer chaired a City Council committee on In his own personal life, Walter development of Baltimore, he was certainly urban renewal. Sondheim transitioned from his early well ahead of his time.’’ ‘‘He would walk into the City Council, and life as a businessman with one of Balti- William Donald Schaefer, the former gov- it was like the Lord walked in,’’ Mr. Schae- more’s premiere department stores to ernor and mayor who worked closely with fer said. ‘‘You would never think of chal- the leader of a number of influential Mr. Sondheim on many civic improvement lenging Walter.’’ civic and business organizations. With efforts, called his death ‘‘a tremendous loss,’’ State Treasurer Nancy K. Kopp said that grace and purpose, he carefully re- describing Mr. Sondheim as one of the while Mr. Sondheim deeply admired Mr. Schaefer, he never hesitated to speak his leased himself from old roles and em- smartest and kindest men he knew. ‘‘Integrity. I’ve never known a man with so mind to the mercurial politician. braced new opportunities. He never much integrity in my life,’’ Mr. Schaefer ‘‘He was never reluctant to tell Schaefer he looked backward, only forward. He did said. ‘‘He would not sanction anything that was making mistakes,’’ Ms. Kopp said. not fear new ideas. Whatever challenge was not right.’’ C. Fraser Smith, a former Sun reporter he chose to address, he was always the During nearly a century of life, Mr. who wrote a biography of Mr. Schaefer, de- right man in the right place at the Sondheim crossed paths with many cele- scribed an incident in which the two men right time. brated personages of his day. His favorite were flying to Germany to receive an honor Finally, Walter Sondheim was never portrait of his late wife, Janet, was taken by on behalf of the city. the famed photographer Dorothea Lange. His Mr. Sondheim, the story goes, took advan- threatened by other talented people. tage of the opportunity to admonish the Indeed, he encouraged young leadership children were delivered by Dr. Alan Guttmacher, a Johns Hopkins obstetrician- mayor over his gruff treatment of people. and new faces in the crowd. For this gynecologist who was one of the pioneers in Why are you so mean to people? Mr. young protestor, who found herself in the field of reproductive health. His brother- Sondheim asked. After stewing a long time, an elected position inside City Hall, he in-law was Richard Neustadt, a Harvard po- Mr. Schaefer demanded to know whom he had nothing but words of encourage- litical scientist and the founder of the uni- had treated badly. ment and offers of assistance. He knew versity’s John F. Kennedy School of Govern- ‘‘Why don’t you look in the phone book?’’ ment. Mr. Sondheim replied. that civic leadership was comprised not Once pressed to explain his skills in deal- only of traditional groups, but also of LINKED TO HISTORY ing with people, Mr. Sondheim allowed that the sweat equity crowd that desired His life was also intimately entwined with he possessed an ability to listen to others, change. He always welcomed new en- the history of Baltimore. He knew H.L. the patience to find a workable compromise ergy and new points of view. Walter re- Mencken, who was a friend of Mr. when confronted with controversial points of mained unburdened by convention and Sondheim’s father. His parents were married view, and the gift of being able to put him- a week before the Great Baltimore Fire of self in someone else’s position. the status quo his entire life long. 1904, which destroyed much of the downtown I ask that a Baltimore Sun article on He then added: ‘‘Liking people is not as im- business district. portant as understanding people. This is a the life and contributions of Walter A droll and charming raconteur, Mr. skill that is not born; it’s trained. You can’t Sondheim be printed in the RECORD. Sondheim would recount for friends that be judgmental about somebody with whom The material follows: when his parents returned from their honey- you don’t agree.’’ [From the Baltimore Sun, Feb. 15, 2007] moon to the still-smoking Baltimore, his fa- Mr. Sondheim was born in his father’s WALTER SONDHEIM JR.: 1908–2007—HE WAS ther told his mother that the fire of their house on Bolton Street on July 25, 1908, an SAGE ADVISER, KEY FIGURE IN CITY’S GROWTH love had engulfed the city. era of gaslights and streetcars. He recalled Through 6 decades, they called upon Wal- But beyond the stories was a remarkable for a 2003 Sun article that the family passed ter Sondheim Jr. When Baltimore mayors, record of achievement in reshaping the city. summers in the cooler climate of a rented Maryland governors and other civic leaders Mr. Schaefer said the Science Center, home in Pikesville. One summer, his father needed sage advice, inevitably they sought it Harborplace and Charles Center—among said he couldn’t join the family; when they from a man widely admired for integrity and other projects—are ‘‘all monuments to Wal- returned to Bolton Hill, they found that the uncommon warmth and graciousness. ter.’’ elder Mr. Sondheim had spent the time hav- Mr. Sondheim died at 10 a.m. Thursday of Through it all, Mr. Sondheim was self-ef- ing electric power installed. pneumonia at Mercy Medical Center. He was facing, often protesting his aversion to the Barred from some of the city’s elite 98, and until last week he worked every day spotlight. ‘‘I’m not sure how I’ve gotten in- schools because he was Jewish, Mr. at his office at the Greater Baltimore Com- volved in the variety of things referred to Sondheim attended Park School, becoming a mittee. here today,’’ he said in 1975 when the Adver- member of one of its first classes. He went on Mr. Sondheim had a gift for nudging people tising Club of Baltimore gave him its Man of to Haverford College in Pennsylvania, from toward grand accomplishments, often to the the Year Award. ‘‘One factor, of course, is which he graduated in 1929, and went to work surpassing benefit of Baltimore and the state just being around for so many years. My for the Hochschild, Kohn department store, beyond. He earned his livelihood as a depart- good, long-suffering, strangely faithful wife where his father worked. Mr. Sondheim ment store executive, but his legacy can be is clear about the fact that I’m just weak- would later chalk up his job to ‘‘nepotism.’’ found in sweeping civic movements. kneed and haven’t the courage to say ‘no.’ In 1934, he married Janet Blum of Berke- As president of the Baltimore school board ‘‘Personally, I lean to the theory, ex- ley, Calif., who had been a dancer with the in 1954, Mr. Sondheim insisted—though other pressed by a friend of mine, that there are Denishawn Company. He had proposed to her cities stalled—on the speedy desegregation some jobs only a damned fool will do, and if in a speakeasy. They had two children, John of Baltimore schools after the U.S. Supreme you’re one, you have an obligation to accept W. Sondheim and Ellen Dankert, both of Bal- Court’s ruling in Brown v. Board of Edu- such an assignment when it’s offered to timore. cation. As a leader of the city’s downtown you.’’ Mrs. Sondheim, who later became a teach- development agency, he coaxed his col- People who knew Mr. Sondheim dismissed er, died in 1992. Mr. Sondheim’s death came leagues into carefully controlled planning of such talk. on what would have been their 73rd wedding the Inner Harbor. He headed the state panel He was a man of great affability who, until anniversary. that promoted regular testing of students. the end, delighted in juicy gossip and laugh- Even at a young age, Mr. Sondheim was in- He disdained anything but the highest eth- ter.’’ terested in race relations at a time when few ical standards in business and government. Everybody wanted him at their parties,’’ white Baltimoreans questioned segregation ‘‘It’s hard to imagine God having created a Mr. Cardin said. ‘‘You don’t get many people as a bedrock principle. He served on the better person than Walter Sondheim,’’ said in their late 90s that everybody wants to be board of the Baltimore Urban League during Robert C. Embry Jr., the city’s former hous- around. He was one of a kind.’’ the 1930s. ing commissioner and now president of the Freeman A. Hrabowski III, president of the ‘‘It was really a segregated city,’’ Mr. Abell Foundation. University of Maryland, Baltimore County Sondheim recalled in a 1995 interview. ‘‘I

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Mr. Sondheim’s next major task in the life Prince George’s County executive, Mr. The fact that blacks were not treated as full of the city came in 1957 when he was named Glendening said he and Mr. Sondheim spoke citizens as customers was a major issue with head of the newly created Baltimore Urban for well over an hour about education and both the Urban League and the NAACP.’’ Renewal and Housing Authority, which the condition of Baltimore. After his elec- Mr. Sondheim said he worked within the brought together a number of agencies tion as governor in 1994, Mr. Glendening said company to change the practice. ‘‘I was ter- charged with handling the city’s public hous- he frequently solicited Mr. Sondheim’s views ribly unhappy and embarrassed,’’ he said ing program. on ‘‘big picture’’ issues such as the city-state during a 2003 trial in which he testified about He said he had no advanced knowledge of partnership in running Baltimore schools. the history of discrimination in Baltimore. public housing—other than having lived with ‘‘I would talk with him and always come Nevertheless, Mr. Sondheim rose to the po- Mrs. Sondheim and their children in a Cleve- away with a feeling of awe,’’ Mr. Glendening sition of store manager at Hochschild’s and land public housing project when he was in said. held that post for five years until, in 1942, he the Navy—but he started to learn. In 1997, when he was 89, Mr. Sondheim was was appointed director of the United States The learning process coincided with the the central figure in a Wall Street Journal Employment Service for Maryland, an agen- city’s initial commitment to downtown re- article about people who delayed retirement cy responsible for transferring people from newal, spurred by the GBC, an organization far beyond the age of Social Security eligi- nonessential jobs to war work. of prominent citizens determined to prevent bility. The Page 1 article recounted how Mr. The following year, he joined the Navy and the area from deteriorating. In his role as Sondheim sent a letter to his closest friends was commissioned a lieutenant. He was sta- housing authority chief and as a member of asking them to let him know—by anony- tioned in Cleveland and, when asked about the GBC, he helped launch the first renewal mous note if they preferred—if he ever his war service, loved to say he had pro- project, Charles Center. reached the point where it was time to stop tected the Great Lakes from Axis invasion. The year was 1963. His civic responsibilities, added to his work at the department coming to work. He served until 1946. With the war over, he Lainy Lebow-Sachs, former chief of staff to returned to Hochschild, Kohn. store, overwhelmed him. He resigned as head of the housing authority to devote more Mr. Schaefer and a longtime friend of Mr. Mr. Sondheim’s name and reputation came Sondheim’s, said none of his friends wrote to the attention of Mayor Thomas time to retailing but remained involved in less demanding civic enterprises. such a reply. ‘‘Everybody ripped it up,’’ she D’Alesandro Jr. in 1948 when he was looking said. for someone to fill a vacancy in what was In 1970, Mr. Sondheim decided to take early retirement from the department store, Mr. O’Malley said Mr. Sondheim played a then considered ‘‘the Jewish seat’’ on the behind-the-scenes role in his 2004 standoff school board. Mr. Sondheim accepted the job where he had risen to the post of senior vice president and treasurer, and started a second with Gov. Robert L. Ehrlich Jr. and state Su- and served on the board for the next nine perintendent Nancy S. Grasmick over the years. career with the quasi-public Charles Center- Inner Harbor Management organization that control of the city school system. The gov- Though Mr. Sondheim seldom dwelled on ernor described Mr. Sondheim as performing the discrimination he personally encoun- was transforming the city’s skyline and attracting national attention from urban plan- ‘‘shuttle diplomacy’’ between City Hall and tered, he took the appointment at a time Mrs. Grasmick, a close friend of Mr. when anti-Semitism was pervasive in the ners. The new post became a full-time job, but Sondheim who had aligned herself with Mr. United States in general and Baltimore in Ehrlich in favor of increased state control. particular. he also was called upon to serve as director of the Baltimore Urban Coalition, chairman ‘‘He tried very much to be a conciliator on In the 2003 discrimination trial at which he that score and felt that it was very testified, Mr. Sondheim recounted that his of the board of Goucher College and a member, trustee or director of such organizations unhealthy for the progress of our kids that family was once blocked from buying a house the school system wound up as a political in Roland Park when the seller found out the as Mercy and Sinai hospitals, the Baltimore Gas and Electric Co. and the Chesapeake & football,’’ Mr. O’Malley said. He added that Sondheims were Jewish. He also testified Mr. Sondheim privately urged him to stick that the elite downtown clubs that served Potomac Telephone Co. However, Mr. Sondheim decided in May by his guns on the issue of local control. the business establishment also barred Mr. Sondheim cut back on some activities 1989 to shed some of these responsibilities. Jews—a barrier that led to the formation of After 15 years as chairman of Charles Cen- in his final years. In 2001, he stepped down as the Center Club. But when some organizers ter-Inner Harbor Management, where he president of the state school board, a post he of that club proposed that it exclude blacks, worked for $1 a year, he announced his res- had held since 1998. Two years later, he left Mr. Sondheim and several others withdrew ignation. At the same time, he stepped down the board after serving two terms as a mem- their applications. The rule was dropped. as president of Charles Street Management ber. Last year, he stepped down from the FATEFUL DECISION Corp. and Market Center Development Corp., board of the Abell Foundation. But he remained active in business and po- It was while Mr. Sondheim was president two agencies that helped direct development litical activities well into his late 90s. In of the school board that the city decided in of other parts of downtown. 2006, he recruited a group of prominent Balti- May 1954 to desegregate its schools in re- ‘‘I think that people can stay too long on moreans who were interested in buying The sponse to the Supreme Court’s decision. some jobs,’’ he said when announcing his re- Sun from Tribune Co. Until his death, he Baltimore became the first school district tirement. served on one board that ensures compliance south of the Mason-Dixon line to respond to Soon he settled into an office at the GBC, with the state’s open-meetings laws and an- the Supreme Court’s unanimous, landmark where he took the title of senior adviser. His other that runs the American Visionary Arts ruling outlawing ‘‘separate but equal’’ edu- work ethic never flagged. When snow Museum. cation for blacks and whites. prompted other staff members to leave the As he advanced in years, Mr. Sondheim fre- Integration here was accomplished with office early, Mr. Sondheim, who lived nearby quently joked about his age. Once, asked relatively little tension compared with in a condominium at Harbor View, would how he was doing, he replied: ‘‘OK, consid- events in other cities, and the process was take over the job of answering phones. Asked once why he never joined in the ering my antiquity.’’ hailed as a signal achievement at the time. Ms. Lebow-Sachs said Mr. Sondheim’s lon- But it did not come entirely without re- white flight out of the city, Mr. Sondheim replied: ‘‘What I learned early on is cutting gevity and vigor could not be attributed to a sistance. On one occasion, an opponent of de- health regimen. ‘‘He ate anything he wanted, segregation burned a cross on Mr. grass is not as good as walking pavement.’’ Two years after taking senior status at the and he didn’t exercise since 1921,’’ she said. Sondheim’s Windsor Hills lawn. But Mr. Mr. Sondheim would continue to drive— Sondheim would play down the incident, GBC, Mr. Sondheim was appointed by Mr. Schaefer to chair a gubernatorial panel on but only during the day—until the week be- telling friends that the cross was puny and fore his death, when he broke his ankle in an the fire hardly got started. school performance—a group that would become known as the Sondheim Commission. accident. It was after that injury that he ‘‘He wouldn’t back off,’’ Mr. Schaefer said. would check into Mercy, where his final ill- ‘‘He wouldn’t step aside. He wouldn’t do any- The group produced a report that became the blueprint for what would become known as ness was diagnosed. thing except what was right.’’ Ms. Lebow-Sachs and Mr. Schaefer recalled the Maryland School Performance Assess- In 1958, Morgan State awarded Mr. that every time Mr. Sondheim received an ment Program, or MSPAP. Sondheim an honorary degree. He accepted honor—and there were dozens—he would go The controversial test, with its heavy em- his honor alongside the Rev. Martin Luther on and on about how he didn’t deserve it. phasis on writing skills, would be the state’s King Jr., who received the same honor from Mr. Schaefer said his friends’ reaction was chief educational measurement tool for a the school that day, according to state archi- always: ‘‘For God’s sake, Walter, cut that decade. vist Edward C. Papenfuse Jr. out!’’ Nevertheless, Mr. Sondheim declined to A FEELING OF AWE In 2005, when the University of Maryland, count school desegregation as one of his While on senior status, Mr. Sondheim Baltimore County named its social sciences achievements—noting that 50 years later would continue to be sought out for advice building after Mr. Sondheim and his late most African-American students attend by aspiring political leaders. wife, he admonished school officials.

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.019 S05MRPT1 ccoleman on PROD1PC60 with SENATE March 5, 2007 CONGRESSIONAL RECORD — SENATE S2597 ‘‘You shouldn’t name a building for people Maryland and Anne Arundel County and property in the name of their extremist who are still alive,’’ Mr. Sondheim—then police departments, and support envi- beliefs; and 96—said at the dedication ceremony. ‘‘You ronmental programs, including efforts Whereas, American troops are currently in never know what they’ll do tomorrow.’’ to protect the Chesapeake Bay. harm’s way defending American freedom in In addition to his son and daughter, Mr. locations across the globe, including Iraq Sondheim is survived by two granddaughters Our Active Duty military, retired and Afghanistan; and and a great-granddaughter. He is also sur- and disabled military, and veterans or- Whereas, many of those servicemen and vived by a sister-in-law, Shirley Williams, a ganizations also benefit from the vol- women are West Virginian citizens or friends former member of Britain’s Parliament and unteer efforts of the club. They have or relatives of West Virginian citizens; and Mr. Neustadt’s widow.∑ sent direct aid to our troops in Iraq Whereas, leaders in Washington, D.C., f and provide additional financial assist- should do all that is in their power to fund and support American soldiers, sailors, air- HONORING GARY M. CLARK ance through their military’s morale and welfare assistance programs. men and Marines, with special emphasis placed on providing adequate body armor for ∑ Mr. BURR. Mr. President, I wish to Their work also includes assistance take this opportunity to honor the life all military personnel in harm’s way; therein such areas as financial aid to needy fore, be it of Caldwell County Sheriff Gary M. families, victims of violent crimes, Resolved by the Senate: That the Senate Clark, who died from cancer on Feb- families displaced by catastrophes such hereby expresses its full support for United ruary 2 at the age of 47. Sheriff Clark as fires, and hurricanes, and assistance States troops participating in the War on was an outstanding and dedicated pub- through Habitat for Humanity. They Terror; and, be it further lic servant whose influence, knowledge, contribute annually to St. Jude Chil- Resolved, That the Clerk is hereby directed and achievements were widely known dren’s Research Hospital and Johns to forward a copy of this resolution to the President of the United States, the Sec- and highly regarded. Hopkins Hospital Children’s Center and Sheriff Clark served the citizens of retary of the Department of Defense, the they loan wheelchairs, walkers, and Chairman of the Joint Chiefs of Staff, the Caldwell County with honor and dis- other medical assistance equipment to President of the United States Senate, the tinction for 27 years. He began his law members of the community. Speaker of the House of Representatives, the enforcement career with the Lenoir Po- I congratulate the South River Secretary of the United States Senate, the lice Department, where he served for 22 Ruritan Club on their wonderful record Clerk of the United States House of Rep- years. He was first elected sheriff of of community service over the last 50 resentatives and West Virginia’s congres- Caldwell County in 2002 and reelected years and wish them enormous success sional delegation. to a second term in November 2007. as they continue their commitment to Sheriff Clark loved serving the citi- POM–16. A joint resolution adopted improving their communities and sup- by the Legislature of the State of zens of Caldwell County and dedicated porting the families who live in and his life to law enforcement. Addition- Maine relative to memorializing Con- around them. This club and their mem- gress to repeal the REAL ID Act of ally, he loved his family and was a bership, both past and present, have dedicated husband and father. He was 2005; to the Committee on Homeland every reason to be proud of what they Security and Governmental Affairs. also a man of great faith. have accomplished.∑ Sheriff Clark is survived by his wife JOINT RESOLUTION Kim Clark; two daughters, Megan f Whereas, the federal REAL ID Act of 2005 Elaine Clark, 14, and Staci Michelle MESSAGES FROM THE PRESIDENT mandates an unfunded national driver’s li- Clark, 11; his parents Stanley and cense on the people of Maine and was passed Messages from the President of the Norma Clark; and a brother, Alan as a rider on military spending bill; and United States were communicated to Whereas, implementation of the REAL ID Clark. the Senate by Mr. Williams, one of his Act of 2005 will cost Maine taxpayers ap- I know my colleagues in the Senate secretaries. proximately $185 million; and join me in honoring the life of Sheriff Whereas, the REAL ID Act of 2005 national Gary M. Clark and in offering condo- f database will invite theft of identity and invasion of privacy; and lences to his family, friends, and col- EXECUTIVE MESSAGES REFERRED leagues.∑ Whereas, the REAL ID Act of 2005 will im- As in executive session the Presiding pose inconveniences and higher taxes on f Officer laid before the Senate messages Mainers with no attendant benefit such as COMMEMORATING THE SOUTH from the President of the United protections from terrorism; now, therefore, RIVER RURITAN CLUB States submitting sundry nominations be it Resolved, That the Maine State Legislature ∑ Ms. MIKULSKI. Mr. President, I offer which were referred to the appropriate refuses to implement the REAL ID Act of my congratulations to the South River committees. 2005, and we thereby protest the treatment Ruritan Club in Edgewater, MD, on (The nominations received today are by Congress and the President as agents of their 50th anniversary. printed at the end of the Senate pro- the Federal Government; and be it further The South River Ruritan Club, a ceedings.) Resolved, That We, your Memorialists, respectfully urge and request that the Con- community service organization, was f chartered on March 13, 1957, and for 50 gress of the United States repeal the REAL MEASURES READ THE FIRST TIME ID Act of 2005; and be it further years has been providing much needed Resolved, That official copies of this resolu- services to the citizens of Edgewater, The following bill was read the first tion, duly authenticated by the Secretary of Annapolis, and southern Maryland. time: State, be transmitted to the Honorable The Club, whose members are all vol- S. 761. A bill to invest in innovation and George W. Bush, President of the United unteers, have contributed well in ex- education to improve the competitiveness of States; the Honorable Michael Chertoff, Sec- cess of half a million dollars in direct the United States in the global economy. retary of Homeland Security; the Honorable John E. Baldacci, Governor of the State of financial aid and countless hours of f time, to numerous community service Maine; the Honorable Richard Cheney, Presi- PETITIONS AND MEMORIALS dent of the United States Senate; the Honor- projects. able Nancy Pelosi, Speaker of the United The club awards local students scho- The following petitions and memo- States House of Representatives; and each lastic and vocational scholarships and rials were laid before the Senate and member of the Maine Congressional Delega- provides assistance to local Scout were referred or ordered to lie on the tion. troops, youth athletics, and other table as indicated: f youth-related programs. They conduct POM–15. A resolution adopted by the Sen- an annual essay contest for fifth grade ate of the Legislature of the State of West REPORTS OF COMMITTEES students and have sponsored students Virginia relative to supporting the U.S. The following reports of committees to the National Association of Student troops participating in the War on Terror; to were submitted: the Committee on Foreign Relations. Council Conference and Exchange Stu- By Mr. INOUYE, from the Committee on dent programs. SENATE RESOLUTION NO. 9 Commerce, Science, and Transportation, They contribute annually to the Whereas, the United States is at war with amendments and an amendment to the local fire and rescue departments, the against terrorists who would take our lives title:

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S. 385. A bill to improve the interoper- Florida, Mr. KERRY, Mr. DURBIN, and S. 369 ability of emergency communications equip- Ms. CANTWELL): At the request of Mr. SCHUMER, the ment (Rept. No. 110–30). S. 764. A bill to amend title XIX and XXI name of the Senator from Illinois (Mr. By Mr. INOUYE, from the Committee on of the Social Security Act to permit States OBAMA) was added as a cosponsor of S. Commerce, Science, and Transportation, the option of coverage of legal immigrants with amendments: under the Medicaid Program and the State 369, a bill to provide for a medal of ap- S. 509. A bill to provide improved aviation children’s health insurance program propriate design to be awarded by the security, and for other purposes (Rept. No. (SCHIP); to the Committee on Finance. President to the next of kin or other 110–31). By Mr. DURBIN (for himself, Mr. representative of those individuals By Mr. DODD, from the Committee on OBAMA, Ms. MURKOWSKI, and Ms. MI- killed as a result of the terrorist at- Banking, Housing, and Urban Affairs, with- KULSKI): tacks of September 11, 2001. out amendment: S.J. Res. 5. A joint resolution proclaiming S. 402 S. 763. An original bill to provide the re- Casimir Pulaski to be an honorary citizen of At the request of Mrs. LINCOLN, the sources to protect public transportation the United States posthumously; to the from terrorism (Rept. No. 110–32). Committee on the Judiciary. names of the Senator from South Caro- lina (Mr. GRAHAM) and the Senator f f from Wyoming (Mr. ENZI) were added INTRODUCTION OF BILLS AND SUBMISSION OF CONCURRENT AND as cosponsors of S. 402, a bill to amend JOINT RESOLUTIONS SENATE RESOLUTIONS the Internal Revenue Code of 1986 to The following bills and joint resolu- The following concurrent resolutions allow a deduction for qualified timber tions were introduced, read the first and Senate resolutions were read, and gains. and second times by unanimous con- referred (or acted upon), as indicated: S. 430 sent, and referred as indicated: By Mrs. BOXER (for Mr. BIDEN (for At the request of Mr. LEAHY, the By Mr. DODD: himself, Mrs. BOXER, Ms. CANTWELL, names of the Senator from New Jersey S. 756. A bill to authorize appropriations Mrs. CLINTON, Mrs. FEINSTEIN, Ms. (Mr. MENENDEZ), the Senator from Min- for the Department of Defense to address the KLOBUCHAR, Ms. LANDRIEU, Ms. MI- nesota (Ms. KLOBUCHAR), the Senator equipment reset and other equipment needs KULSKI, Mrs. MURRAY, and Ms. from Montana (Mr. TESTER), the Sen- of the National Guard, and for other pur- STABENOW)): ator from Connecticut (Mr. DODD) and poses; to the Committee on Armed Services. S. Res. 93. A resolution supporting the the Senator from Oklahoma (Mr. By Mrs. CLINTON: goals of ‘‘International Women’s Day’’; to S. 757. A bill to create a national set of ef- the Committee on the Judiciary. COBURN) were added as cosponsors of S. fective voluntary national expectations for By Mr. VOINOVICH (for himself, Mr. 430, a bill to amend title 10, United mathematics and science education in kin- AKAKA, Mr. LIEBERMAN, Mr. STEVENS, States Code, to enhance the national dergarten through grade 12, and for other Mr. WARNER, and Ms. COLLINS): defense through empowerment of the purposes; to the Committee on Health, Edu- S. Res. 94. A resolution honoring the em- Chief of the National Guard Bureau cation, Labor, and Pensions. ployees of the Department of Homeland Se- and the enhancement of the functions By Mr. ENSIGN (for himself and Mr. curity on the 4th anniversary of the Depart- of the National Guard Bureau, and for REID): ment; considered and agreed to. other purposes. S. 758. A bill to direct the Secretary of the f Interior to convey the Alta-Hualapai Site to S. 439 the city of Las Vegas, Nevada, for the devel- ADDITIONAL COSPONSORS At the request of Mr. REID, the name of the Senator from South Dakota (Mr. opment of a cancer treatment facility; to the S. 206 Committee on Energy and Natural Re- JOHNSON) was added as a cosponsor of At the request of Mrs. FEINSTEIN, the sources. S. 439, a bill to amend title 10, United name of the Senator from South Da- By Mr. WEBB: States Code, to permit certain retired kota (Mr. JOHNSON) was added as a co- S. 759. A bill to prohibit the use of funds members of the uniformed services who sponsor of S. 206, a bill to amend title for military operations in Iran; to the Com- have a service-connected disability to mittee on Foreign Relations. II of the Social Security Act to repeal receive both disability compensation By Mr. SALAZAR: the Government pension offset and from the Department of Veterans Af- S. 760. A bill to provide certain counties windfall elimination provisions. with the ability to receive television broad- fairs for their disability and either re- S. 261 cast signals of their choice; to the Com- tired pay by reason of their years of mittee on Commerce, Science, and Transpor- At the request of Ms. CANTWELL, the military service or Combat-Related tation. names of the Senator from Florida (Mr. Special Compensation. By Mr. REID (for himself, Mr. MCCON- NELSON) and the Senator from Iowa S. 450 NELL, Mr. BINGAMAN, Mr. DOMENICI, (Mr. HARKIN) were added as cosponsors At the request of Mr. ENSIGN, the Mr. INOUYE, Mr. STEVENS, Mr. KEN- of S. 261, a bill to amend title 18, NEDY, Mr. ENZI, Mr. LIEBERMAN, Mr. name of the Senator from Vermont United States Code, to strengthen pro- (Mr. SANDERS) was added as a cospon- ENSIGN, Ms. MIKULSKI, Mr. ALEX- hibitions against animal fighting, and ANDER, Mr. NELSON of Florida, Mrs. sor of S. 450, a bill to amend title XVIII for other purposes. HUTCHISON, Mr. KERRY, Mr. SMITH, of the Social Security Act to repeal the Mr. MENENDEZ, Mr. ROBERTS, Mr. S. 294 medicare outpatient rehabilitation SALAZAR, Mr. CORNYN, Mr. PRYOR, At the request of Mr. LAUTENBERG, therapy caps. Mr. COLEMAN, Ms. CANTWELL, Mr. the name of the Senator from North S. 465 MARTINEZ, Mr. CARPER, Ms. MUR- Dakota (Mr. CONRAD) was added as a At the request of Mr. NELSON of Flor- KOWSKI, Mrs. CLINTON, Mr. CRAIG, Mr. cosponsor of S. 294, a bill to reauthor- ida, the name of the Senator from KOHL, Mr. LUGAR, Mr. BROWN, Mr. ize Amtrak, and for other purposes. VOINOVICH, Mr. ROCKEFELLER, Mr. Georgia (Mr. ISAKSON) was added as a S. 320 WARNER, Ms. LANDRIEU, and Mr. cosponsor of S. 465, a bill to amend ti- OBAMA): At the request of Mr. AKAKA, the tles XVIII and XIX of the Social Secu- S. 761. A bill to invest in innovation and name of the Senator from California rity Act and title III of the Public education to improve the competitiveness of (Mrs. FEINSTEIN) was added as a co- Health Service Act to improve access the United States in the global economy; sponsor of S. 320, a bill to provide for to information about individuals’ read the first time. the protection of paleontological re- health care options and legal rights for By Mr. GRASSLEY (for himself, Mr. sources on Federal lands, and for other MCCAIN, and Mr. DURBIN): care near the end of life, to promote S. 762. A bill to include purposes. advance care planning and decision- dehydroepiandrosterone as an anabolic ster- S. 329 making so that individuals’ wishes are oid; to the Committee on the Judiciary. At the request of Mr. CRAPO, the known should they become unable to By Mr. DODD: name of the Senator from North Da- speak for themselves, to engage health S. 763. An original bill to provide the re- kota (Mr. DORGAN) was added as a co- care providers in disseminating infor- sources to protect public transportation sponsor of S. 329, a bill to amend title mation about and assisting in the prep- from terrorism; from the Committee on Banking, Housing, and Urban Affairs; placed XVIII of the Social Security Act to aration of advance directives, which in- on the calendar. provide coverage for cardiac rehabilita- clude living wills and durable powers of By Mrs. CLINTON (for herself, Ms. tion and pulmonary rehabilitation attorney for health care, and for other SNOWE, Mr. BINGAMAN, Mr. NELSON of services. purposes.

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.053 S05MRPT1 ccoleman on PROD1PC60 with SENATE March 5, 2007 CONGRESSIONAL RECORD — SENATE S2599 S. 481 cosponsors of S. 597, a bill to extend (Mr. COLEMAN) was added as a cospon- At the request of Mr. CONRAD, the the special postage stamp for breast sor of S. 699, a bill to prevent the fraud- name of the Senator from South Da- cancer research for 2 years. ulent use of social security account kota (Mr. JOHNSON) was added as a co- S. 626 numbers by allowing the sharing of so- sponsor of S. 481, a bill to recruit and At the request of Mr. KENNEDY, the cial security data among agencies of retain more qualified individuals to names of the Senator from Utah (Mr. the United States for identity theft teach in Tribal Colleges or Univer- HATCH), the Senator from Maryland prevention and immigration enforce- sities. (Ms. MIKULSKI), the Senator from Geor- ment purposes, and for other purposes. S. 486 gia (Mr. ISAKSON) and the Senator from S. 726 At the request of Mr. KENNEDY, the Rhode Island (Mr. REED) were added as At the request of Mr. LEVIN, the name of the Senator from Ohio (Mr. cosponsors of S. 626, a bill to amend the name of the Senator from New York Public Health Service Act to provide BROWN) was added as a cosponsor of S. (Mr. SCHUMER) was added as a cospon- 486, a bill to establish requirements for for arthritis research and public sor of S. 726, a bill to amend section 42 lenders and institutions of higher edu- health, and for other purposes. of title 18, United States Code, to pro- cation in order to protect students and S. 634 hibit the importation and shipment of other borrowers receiving educational At the request of Mr. DODD, the certain species of carp. names of the Senator from Minnesota loans. S. 727 (Mr. COLEMAN), the Senator from New S. 505 OCHRAN Mexico (Mr. BINGAMAN) and the Sen- At the request of Mr. C , the At the request of Ms. COLLINS, the ator from Alaska (Ms. MURKOWSKI) name of the Senator from Virginia (Mr. name of the Senator from South Da- were added as cosponsors of S. 634, a WARNER) was added as a cosponsor of S. kota (Mr. JOHNSON) was added as a co- bill to amend the Public Health Serv- 727, a bill to improve and expand geo- sponsor of S. 505, a bill to amend the ice Act to establish grant programs to graphic literacy among kindergarten Internal Revenue Code of 1986 to in- provide for education and outreach on through grade 12 students in the United crease the above-the-line deduction for newborn screening and coordinated fol- States by improving professional devel- teacher classroom supplies and to ex- lowup care once newborn screening has opment programs for kindergarten pand such deduction to include quali- been conducted, to reauthorize pro- through grade 12 teachers offered fied professional development expenses. grams under part A of title XI of such through institutions of higher edu- S. 513 Act, and for other purposes. cation. At the request of Mr. LEAHY, the S. 649 S. 739 names of the Senator from Louisiana At the request of Mrs. CLINTON, the At the request of Mr. BINGAMAN, the (Ms. LANDRIEU) and the Senator from name of the Senator from New York name of the Senator from Maryland Washington (Ms. CANTWELL) were (Mr. SCHUMER) was added as a cospon- (Ms. MIKULSKI) was added as a cospon- added as cosponsors of S. 513, a bill to sor of S. 649, a bill to require the Nu- sor of S. 739, a bill to provide disadvan- amend title 10, United States Code, to clear Regulatory Commission to con- taged children with access to dental revive previous authority on the use of duct an independent safety assessment services. the Armed Forces and the militia to of the Indian Point Nuclear Power S. 744 address interference with State or Fed- Plant. At the request of Mr. MCCAIN, the eral law, and for other purposes. S. 651 name of the Senator from Pennsyl- S. 543 At the request of Mr. HARKIN, the vania (Mr. CASEY) was added as a co- At the request of Mr. NELSON of Ne- name of the Senator from New Mexico sponsor of S. 744, a bill to provide braska, the name of the Senator from (Mr. BINGAMAN) was added as a cospon- greater public safety by making more Illinois (Mr. DURBIN) was added as a co- sor of S. 651, a bill to help promote the spectrum available to public safety, to sponsor of S. 543, a bill to improve national recommendation of physical establish the Public Safety Interoper- Medicare beneficiary access by extend- activity to kids, families, and commu- able Communications Working Group ing the 60 percent compliance thresh- nities across the United States. to provide standards for public safety old used to determine whether a hos- S. 661 spectrum needs, and for other purposes. pital or unit of a hospital is an inpa- At the request of Mrs. CLINTON, the S. 746 name of the Senator from New Jersey tient rehabilitation facility under the At the request of Mr. ALLARD, the (Mr. MENENDEZ) was added as a cospon- Medicare program. name of the Senator from Hawaii (Mr. sor of S. 661, a bill to establish kinship S. 546 AKAKA) was added as a cosponsor of S. navigator programs, to establish At the request of Mr. CHAMBLISS, the 746, a bill to establish a competitive guardianship assistance payments for name of the Senator from Mississippi grant program to build capacity in vet- children, and for other purposes. (Mr. COCHRAN) was added as a cospon- erinary medical education and expand sor of S. 546, a bill to amend title XXI S. 682 the workforce of veterinarians engaged At the request of Mr. KENNEDY, the of the Social Security Act to make in public health practice and bio- names of the Senator from Florida (Mr. available additional amounts to ad- medical research. NELSON), the Senator from North Caro- dress funding shortfalls in the State S. 749 lina (Mr. BURR) and the Senator from Children’s Health Insurance Program Ohio (Mr. VOINOVICH) were added as co- At the request of Mr. NELSON of Flor- for fiscal year 2007. sponsors of S. 682, a bill to award a con- ida, the names of the Senator from S. 579 gressional gold medal to Edward Wil- New Jersey (Mr. MENENDEZ) and the At the request of Mr. HATCH, the liam Brooke III in recognition of his Senator from Florida (Mr. MARTINEZ) name of the Senator from Maine (Ms. unprecedented and enduring service to were added as cosponsors of S. 749, a COLLINS) was added as a cosponsor of S. our Nation. bill to modify the prohibition on rec- 579, a bill to amend the Public Health S. 694 ognition by United States courts of Service Act to authorize the Director At the request of Mrs. CLINTON, the certain rights relating to certain of the National Institute of Environ- name of the Senator from Nevada (Mr. marks, trade names, or commercial mental Health Sciences to make grants ENSIGN) was added as a cosponsor of S. names. for the development and operation of 694, a bill to direct the Secretary of S.J. RES. 4 research centers regarding environ- Transportation to issue regulations to At the request of Mr. BROWNBACK, the mental factors that may be related to reduce the incidence of child injury name of the Senator from North Da- the etiology of breast cancer. and death occurring inside or outside kota (Mr. DORGAN) was added as a co- S. 597 of light motor vehicles, and for other sponsor of S.J. Res. 4, a joint resolu- At the request of Mrs. FEINSTEIN, the purposes. tion to acknowledge a long history of names of the Senator from Washington S. 699 official depredations and ill-conceived (Mrs. MURRAY) and the Senator from At the request of Mr. ALLARD, the policies by the United States Govern- Florida (Mr. MARTINEZ) were added as name of the Senator from Minnesota ment regarding Indian tribes and offer

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.014 S05MRPT1 ccoleman on PROD1PC60 with SENATE S2600 CONGRESSIONAL RECORD — SENATE March 5, 2007 an apology to all Native Peoples on be- STATEMENTS ON INTRODUCED provide critical emergency response half of the United States. BILLS AND JOINT RESOLUTIONS services? And what equipment will S. CON. RES. 3 By Mr. DODD: they use? At the request of Mr. SALAZAR, the S. 756. A bill to authorize appropria- The National Guard Commission, led name of the Senator from South Da- tions for the Department of Defense to by former Senate Armed Services Com- kota (Mr. JOHNSON) was added as a co- address the equipment reset and other mittee Staff Director retired Marine sponsor of S. Con. Res. 3, a concurrent equipment needs of the National General Arnold Punaro, lays out the resolution expressing the sense of Con- Guard, and for other purposes; to the problems in stark terms. Unless we ad- gress that it is the goal of the United Committee on Armed Services. dress this situation immediately, we States that, not later than January 1, Mr. DODD. Mr. President, no one has will jeopardize not only our troops’ 2025, the agricultural, forestry, and worked harder or sacrificed more in the safety but our very nation’s security. working land of the United States war on terrorism than our soldiers, That is why today I am introducing should provide from renewable re- sailors, airmen, and Marines. legislation to rebuild our National sources not less than 25 percent of the Regrettably, they have been tested in Guard and ensure that it can fully per- total energy consumed in the United unprecedented ways—with too few form both its homeland security and States and continue to produce safe, troops in our overall forces, our sol- national defense missions. According abundant, and affordable food, feed, diers are rotating in and out of Iraq for to the National Guard Bureau at the and fiber. year-long stretches. By the beginning Pentagon, the President’s budget is short $38 billion over the next five S. RES. 65 of next year, members of the 3rd Infan- try Division will have spent more time years. My bill would allocate funding At the request of Mr. DODD, his name in Iraq than at home in a span of five according to the needs projected by Na- was added as a cosponsor of S. Res. 65, years. tional Guard Bureau Chief Lieutenant a resolution condemning the murder of On top of the physical and psycho- General H. Steven Blum. Turkish-Armenian journalist and logical strains caused by these deploy- Some may suggest that this is not an human rights advocate Hrant Dink and ments, our troops are contending with issue that can simply be fixed with urging the people of Turkey to honor grave equipment shortfalls and sparse more money. As in prior years, the De- his legacy of tolerance. resources to restock their supplies. partment of Defense may say that the At the request of Mr. MENENDEZ, his Congress and the American public defense industry simply just does not name was added as a cosponsor of S. were already informed that two-thirds have adequate capacity to manufacture Res. 65, supra. of the Army’s forces in the United all of these new product orders. If that At the request of Mr. SALAZAR, his States are ‘‘not ready’’ for combat is the case, we will need to find ways to name was added as a cosponsor of S. duty, largely due to these equipment expand our nation’s defense produc- Res. 65, supra. shortfalls. tion. For that reason, my bill will also At the request of Mr. COLEMAN, his But the situation for our National require the Defense Department to pro- name was added as a cosponsor of S. Guard is far worse. In a report sub- vide a plan for investing in industry to Res. 65, supra. mitted to Congress last Thursday by expand their manufacturing capacity. S. RES. 92 the Commission on the National Guard This legislation will complement the At the request of Mrs. CLINTON, the and Reserves, we learned that 88 per- Leahy-Bond Guard Empowerment Act name of the Senator from Louisiana cent of the National Guard has been of 2007, legislation that I have proudly (Ms. LANDRIEU) was added as a cospon- classified as ‘‘not ready’’ for duty. cosponsored to elevate National Guard sor of S. Res. 92, a resolution calling Such a statistic seems earth-shattering leadership at the Department of De- for the immediate and unconditional to me—it should drive all of us in Con- fense so that it may better contribute release of soldiers of Israel held captive gress to action immediately. to the formulation of key defense poli- by Hamas and Hezbollah. As my colleagues know, the National cies. But without the necessary re- AMENDMENT NO. 272 Guard operates under dual authorities: sources, the National Guard will be un- At the request of Mr. ALLARD, the overseas, they become fully integrated able to do its job. That is why my leg- name of the Senator from Minnesota into the U.S. Armed Forces, serving islation is so important today. These conclusions were further con- (Mr. COLEMAN) was added as a cospon- under the President in a variety of sor of amendment No. 272 proposed to combat missions; at home, the Na- firmed by a January 2007 Government S. 4, a bill to make the United States tional Guard serves under our States’ Accountability Office (GAO) report more secure by implementing unfin- governors, performing homeland secu- which found that our National Guard’s ished recommendations of the 9/11 rity functions during local or statewide equipment inventories in the United Commission to fight the war on terror emergencies, such as storms, fires, States have decreased largely because more effectively, to improve homeland earthquakes or civil disturbances. of overseas operations. The GAO fur- security, and for other purposes. For years now, however, the adminis- ther found that as of November 2006, tration’s foreign policies have actually nondeployed Army National Guard AMENDMENT NO. 300 endangered the Guard’s abilities to per- forces nationwide only have 64 percent At the request of Mr. GRASSLEY, the form either of these functions. Under of the total amount of equipment they name of the Senator from Utah (Mr. orders by the administration, National need. HATCH) was added as a cosponsor of Guard troops have been forced to leave Let me be clear about the reasons amendment No. 300 proposed to S. 4, a their State’s equipment in Iraq and Af- why my legislation is needed to lay out bill to make the United States more se- ghanistan for other troops rotating our budget for the next five years. cure by implementing unfinished rec- into combat theaters. Many of their While the administration’s recent five- ommendations of the 9/11 Commission military vehicles and aircraft are being year budget projections have sought to fight the war on terror more effec- worn down and destroyed in battle. But large increases for National Guard tively, to improve homeland security, any critical equipment that may have equipment, according to the National and for other purposes. survived is simply being transferred to Guard Commission Report data, the ad- AMENDMENT NO. 326 other units coming into Iraq or Af- ministration and Republican-led Con- At the request of Mr. CARDIN, the ghanistan. gresses have repeatedly failed to follow name of the Senator from Maryland This means that when the National through on such requirements. (Ms. MIKULSKI) was added as a cospon- Guard comes home, they are finding According to the Commission, fund- sor of amendment No. 326 proposed to their stocks of equipment—ranging ing from 1999–2005 has been reduced sig- S. 4, a bill to make the United States from humvees to night-vision goggles, nificantly from the amounts identified more secure by implementing unfin- generators and radios—cleaned out. So several years earlier. For example, ished recommendations of the 9/11 today, we face a frightening series of when the administration’s first five- Commission to fight the war on terror questions—what happens when the year budget was submitted to Con- more effectively, to improve homeland next Hurricane Katrina strikes? Who gress, it showed that the Army planned security, and for other purposes. will help restore order? Who will help to fund $1.346 billion in Fiscal Year 2004

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.016 S05MRPT1 ccoleman on PROD1PC60 with SENATE March 5, 2007 CONGRESSIONAL RECORD — SENATE S2601 for Army National Guard procurement. If Congress and the administration cation at an abysmally low level. A But in reality, the Army Guard actu- do not finally heed the warnings of the Fordham Institute report entitled ally had only $578.4 million to spend U.S. military’s top generals, and fully ‘‘The State of State Science Standards that year. Similarly, the Fiscal Year fund our equipment needs, the Armed 2006’’ deemed the average grade for 2005 budget was initially projected to Forces’ ability to respond to future State standards across all subjects as a be $1.625 billion for the Army National challenges to America’s national secu- ‘‘C-minus,’’ while two-thirds of our K– Guard. But when it came time to allo- rity—whether on the Korean Penin- 12 students attend schools in States cate the funding, the Administration sula, the Middle East, or elsewhere in with C-, D-, or F-rated standards. The and their Congressional allies could the world—could be harmed. result of low State standards is that only come up with $660.9 million for Moreover, if we do not take the find- States think their students are dem- Army National Guard procurement. ings of the independent National Guard onstrating proficiency in math and Indeed, while our troops have given Commission seriously, and fully ad- science when in fact they are not. their all on the battlefield, the admin- dress the equipment shortfalls of our For example, a recent Trends in istration and United States Congress Citizen Soldiers here at home, I am International Mathematics and have not held up their end of the bar- afraid we will further erode our states’ Science Study, the largest and most gain. We owe it to our troops to do all most pressing emergency response ca- comprehensive comparative inter- that we can to promote their pabilities. national study of education, found that wellbeing—whether providing appro- For the last six years, our troops 12th graders in the U.S. ranked 21st out priate care at our military and VA hos- have unconditionally served in Afghan- of 40 industrialized nations on general pitals or providing the military equip- istan, battling Al Qaeda and Taliban math and science knowledge. In addi- ment they need to complete their mis- forces. And for four years, they have tion, just one in three of America’s col- sions safely and effectively. bravely followed orders into Iraq, de- lege graduates earn degrees in math, Regrettably, the sad and simple fact spite the administration’s ill-defined is that the administration has repeat- science, and engineering while two in objectives and faulty intelligence. three college graduates of other coun- edly come up short in this regard. And Our troops have served with char- tries do so. We must act now to im- these failures are having devastating acteristic honor, dedication, and skill. prove education and research in math consequences, not only for our troops It is high time that we meet our com- and science if America is to retain but for our Nation’s very defense and mitments to them—and give them the leadership of the global economy in the homeland security. mission-critical gear they need to get 21st century. This situation is not new. I have their jobs done. I strongly urge my col- The Mathematics and Science Con- come to the floor to try to address leagues to support my legislation. lacking resources for our military’s es- sistency Act will help States to raise sential equipment needs from the very By Mrs. CLINTON: their standards, invest in high-quality first year of the Iraq war. In 2003, the S. 757. A bill to create a national set teaching through the collection of best Army identified $322 million in short- of effective voluntary national expec- practices, and ensure that a world-class falls in critical health and safety tations for mathematics and science curriculum is available to all students. gear—ranging from body armor, camel- education in kindergarten through I am hopeful that my Senate col- back hydration systems, and combat grade 12, and for other purposes; to the leagues from both sides of the aisle will helmets to equipment for deactivating Committee on Health, Education, join me today to move this legislation high-explosives—all priorities that the Labor, and Pensions. to the floor without delay. Rumsfeld Pentagon and Bush adminis- Mrs. CLINTON. Mr. President, I rise tration failed to provide for in their today to reintroduce legislation to help By Mr. WEBB: initial budgets. I offered an amend- ensure that American students are S. 759. A bill to prohibit the use of ment to the Emergency Appropriations competitive in today’s global economy. funds for military operations in Iran; bill to resolve these problems. Unfortu- If approved, The National Mathematics to the Committee on Foreign Rela- nately, the Bush administration op- and Science Consistency Act would en- tions. posed this legislation, and the amend- sure that America’s children have ac- Mr. WEBB. Mr. President, I rise ment was defeated along party lines. cess to a rigorous math and science today to introduce legislation that will In 2004, we tried a different ap- education. prohibit the use of funds for military proach—requiring the Department of The reality is that modern tech- operations in Iran without congres- Defense to reimburse military per- nology makes it increasingly possible sional authorization. The purpose of sonnel who bought equipment for mili- for employers to hire the most skilled this legislation is to restore a proper tary service in Iraq and Afghanistan workers wherever they live. Addition- balance between the executive and leg- that the Rumsfeld Pentagon had failed ally, too many American students— islative branches when it comes to the to provide. This time, despite ardent even some graduates of high school and commencement of military activities. objections of Secretary Rumsfeld’s college—are not equipped with the I have taken great care in the prepa- Pentagon, Congress approved the legis- skills they need to compete success- ration of this bill to ensure it will not lation. And in October 2004, President fully in the global economy. That is in any way prevent our military forces Bush signed the bill into law. We ap- why I am reintroducing the Mathe- from carrying out their tactical re- proved similar legislation in 2005 to matics and Science Consistency Act. sponsibilities in places such as Iraq and further extend this benefit as troops, This legislation calls for the National in the international waters off of Iran’s their families, and their communities Academy of Sciences (NAS) to convene coast. continued to dig into their own pockets a national panel of experts to collect I want to put up a chart. These are to buy needed lifesaving equipment for proven effective K–12 science and the exceptions that are clearly out- use on the battlefield. mathematics teaching standards and lined in this bill: The legislation allows But last year, the difficulties associ- materials to serve as promising prac- American forces to directly respond to ated with equipment shortfalls posed a tices. Under this bill, it is entirely up attacks or possible attacks that might far more serious problem. Working to states whether to adopt these prom- be initiated from Iran as well as those with Senators INOUYE, REED and STE- ising practices. States that do so, how- that might be begun elsewhere and VENS, I offered an amendment to ad- ever, would be eligible for grants to ac- then carry over into Iranian territory; dress a $17 billion budget shortfall to quire instructional materials, to make the so-called hot pursuit exception. I replace and repair thousands of war those materials available online to have also excluded operations relating battered tanks, aircraft, and vehicles. teachers and staff for free, and to train to intelligence gathering. Without these additional resources, the teachers to effectively use these mate- The major function of this legislation Army Chief of Staff claimed that U.S. rials. These promising practices would is to prevent this administration from Army readiness would deteriorate even provide effective standards for K–12 commencing unprovoked military ac- further. This provision was approved education. tivities against Iran without the ap- unanimously and enacted in law. But Regrettably, many States have set proval of the Congress. The legislation much more remains to be done. standards for math and science edu- accomplishes this goal through the

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.035 S05MRPT1 ccoleman on PROD1PC60 with SENATE S2602 CONGRESSIONAL RECORD — SENATE March 5, 2007 proper constitutional process of prohib- process our Founding Fathers envi- its peril as it remains paralyzed in the iting all funding for such an endeavor. sioned. Middle East. Unlike the current situation in Iraq, In fact, the records from the Con- I believe the American people will where cutting off funds might impede stitutional Convention in August 1787 welcome this legislation. This adminis- or interrupt ongoing operations, this make this abundantly clear. There was tration has used force recklessly, legislation denies funding that would much debate during this convention re- choosing the military option again and be necessary to begin such operations garding how much authority should be again, while never matching the qual- against Iran in the first place. in the hands of the President with re- ity of our military’s performance with In the past 2 weeks, we have seen a spect to actually initiating military robust, creative diplomacy. Further- fresh willingness on the part of this ad- action. The Convention’s participants more, the President’s signing state- ministration to pursue new approaches carefully decided the President should ment accompanying the 2002 congres- for a regional settlement that will not be given the power to decide with sional resolution authorizing the use of eventually allow the United States to whom this Nation should go to war or force in Iraq indicates that this admin- withdraw our forces from Iraq and also to undertake aggressive actions with- istration believes it possesses the increase stability in the Middle East. I out the consent of Congress. The Presi- broadest imaginable authority to com- commend Secretary of State Rice and dent’s powers to initiate military ac- mence military action without the con- Secretary of Defense Gates for their ef- tion were to be for the purpose of repel- sent of the Congress. forts in bringing about what seems to ling sudden attacks—and this is the In signing that 2002 Iraq resolution, be the beginning of a clear and much language I have used in this legisla- the President denied that the Congress needed course correction. tion. has the power to affect his decisions It is particularly significant that As Constitutional Convention dele- when it comes to the use of our mili- Iran and Syria have been invited to gate James Wilson explained to the tary. He shrugged off this resolution, participate and that the United States Pennsylvania ratifying convention: stating that on the question of a threat will join in the upcoming regional This system will not hurry us into war, it posed by Iraq, his views and those of meetings regarding Iraq. These upcom- is calculated to guard against it. It will not the Congress merely happen to be the ing meetings will offer many different be in the power of a single man, or a single same. He characterized the resolution countries the opportunity to address body of men, to involve us in such distress. as simply a gesture of additional sup- legitimate concerns and to emphasize To state the obvious, Iran is not Iraq. port rather than as having any legiti- mutual interests. I am hopeful it will The President has no authority to mate authority. He stated, and I think open the door for a different kind of begin unilateral military operations it is worth noting: dialogue with Iran. against Iran. In this regard, I strongly My signing this resolution does not con- Despite its newfound level of influ- urge my colleagues to consider that stitute any change in the President’s con- ence in Iraq, it is not in Iran’s best institutional authority to use force to deter, the issue before us is not simply poli- prevent, or respond to aggression or other terest to see Iraq disintegrate into an- cies with respect to Iran but the proper threats to the United States interests. archy. Iran also has challenges with its procedures with respect to how we as a This is a sweeping assertion of pow- own sectarian groups, not the least of government lead the United States. ers that leaves out virtually nothing. which are the Kurds. Al-Qaida rep- This is far less a matter of possible It is a far different matter than repel- resents a threat to Iran as well, and it differences between Republicans and ling an immediate attack or con- is not in Iran’s interest to see this ter- Democrats than it is our mutual conducting a war that has been authorized rorist movement gain even more cern for protecting the rightful place of by the Congress. Let us match up a power. Free and open access to the the legislative branch in determining couple of those words. The President is Strait of Hormuz also is vital to Iran’s the interests of the country and the saying, for instance, he possesses the economy given its overwhelming reli- possible consequences of further mili- authority to use force to deter threats ance on oil exports. tary action. In this regard, I point out to U.S. interests. How does one use As this regional conference ap- that the principal sponsor of similar force to deter a threat rather than re- proaches, the rhetoric with respect to legislation in the other body is Con- sponding to it? What kind of U.S. inter- possible Iranian activities inside Iraq gressman WALTER JONES, a Republican, est is worthy of the use of force? Most continues, and the increases to our from North Carolina. importantly, how do these vague terms naval and missile defense presence in On the one hand, the administration fit into the historically accepted no- the gulf remain. The administration’s assures us it has no intention of tions of a Commander in Chief’s power past failure to engage with Iran dip- launching military operations against to repel attacks or to conduct military lomatically in a meaningful way, cou- Iran. On the other, the administration operations once they have been ap- pled with what Iran could perceive as tells us all options remain on the table, proved by the Congress? preparations for a military strike, cre- at a time when our military buildup in During our recent hearings in the ates a potent brew that easily could the region continues to grow rapidly. Senate Committee on Foreign Rela- lead to miscalculation on both sides. While we see encouraging diplomatic tions, I asked both the Secretary of The 1988 incident with the USS Vin- initiatives with respect to Iraq, it is State, and the Deputy Secretary of cennes comes to mind, when an overly important that we clarify formally the State during his confirmation hear- aggressive commanding officer, oper- perimeter of our immediate military ings, for a clarification of this para- ating inside Iranian territorial waters, interests in the Middle East. graph. My question was whether this according to a subsequent admission by It is time we move forward to end our administration believes it has the au- Joint Chiefs of Staff Chairman Admiral military involvement in Iraq, and the thority to conduct unilateral military Crowe, shot down commercial pas- path to doing so is not to widen the operations against Iran in the absence senger aircraft Iran Air Flight 655. war into Iran. Proper robust diplomacy of a direct attack or a compelling im- These circumstances—the stated de- will enable us to bring greater stability mediate threat, without the consent of sire of many connected to this adminis- to the region, to remove the American the Congress. Both wrote me lengthy tration to invade Iran, the saber-rat- military from Iraq, to increase our letters in reply but neither could give tling rhetoric, the strategic mis- ability to defeat the forces of inter- me a clear response. calculations in Iraq—call for this Con- national terrorism, and, finally, to The situation we now face is that the gress to formalize an historic mandate focus on the true strategic challenges administration repeatedly states it that in recent years seems to have been that face us around the world. seeks no war with Iran at the same lost to the public’s understanding. I hope my colleagues will take note time it claims the authority to begin Quite simply, it is the constitutional of the news articles today in the media one, and at the same time it continues obligation of the administration to ob- around the world that show China a military buildup in the region. The tain congressional approval in order to again has increased its defense budget legislation I introduce today is in- commence military action against an- by double digits last year to the tune tended to clarify this ambiguity. In so other country, except under very lim- of 18 percent. These are strategic chal- doing, the Congress will be properly re- ited circumstances. This is the very lenges the United States is ignoring at stating its constitutional relationship

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.017 S05MRPT1 ccoleman on PROD1PC60 with SENATE March 5, 2007 CONGRESSIONAL RECORD — SENATE S2603 with the executive branch, the Con- S. 761 Sec. 2006. Authorization of appropriations gress will be reinstituting its historical Be it enacted by the Senate and House of Rep- for the Department of Energy role as it relates to the conduct of for- resentatives of the United States of America in for basic research. Congress assembled, Sec. 2007. Discovery science and engineering eign policy, and the Congress will be innovation institutes. SECTION 1. SHORT TITLE. reassuring the American people that Sec. 2008. Protecting America’s Competitive This Act may be cited as the ‘‘America there will be no more shooting from Edge (PACE) graduate fellow- COMPETES Act’’ or the ‘‘America Creating the hip when it comes to the gravely ship program. Opportunities to Meaningfully Promote Ex- serious question of when we send our Sec. 2009. Title IX compliance. cellence in Technology, Education, and Sec. 2010. High-risk, high-reward research. military people into harm’s way. Science Act’’. Sec. 2011. Distinguished scientist program. I emphasize that this bill will not SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; DIVISION C—EDUCATION TABLE OF CONTENTS. take any military operations off the Sec. 3001. Findings. table nor will it tie the hands of the ad- (a) DIVISIONS.—This Act is organized into 4 Sec. 3002. Definitions. divisions as follows: ministration if our military forces are TITLE I—TEACHER ASSISTANCE (1) DIVISION A.—Commerce and Science. actually attacked from Iranian soil or (2) DIVISION B.—Department of Energy. Subtitle A—Teachers for a Competitive its territorial waters or by forces that (3) DIVISION C.—Education. Tomorrow retreat into Iranian territory. Nor does (4) DIVISION D.—National Science Founda- Sec. 3111. Purpose. this legislation let Iran off the hook in tion. Sec. 3112. Definitions. Sec. 3113. Programs for baccalaureate de- terms of our insistence that Iran be- (b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: grees in mathematics, science, come a more responsible nation, in- engineering, or critical foreign Sec. 1. Short title. cluding our positions regarding Iran’s languages, with concurrent Sec. 2. Organization of Act into divisions; nuclear program and Iran’s recognition teacher certification. of Israel’s right to exist. table of contents. Sec. 3114. Programs for master’s degrees in DIVISION A—COMMERCE AND SCIENCE I was one of the early voices warning mathematics, science, or crit- Sec. 1001. Short title. ical foreign languages edu- that in terms of national security Iran cation. was a far greater threat than Iraq. This TITLE I—OFFICE OF SCIENCE AND TECH- NOLOGY POLICY; GOVERNMENT-WIDE Sec. 3115. General provisions. Sec. 3116. Authorization of appropriations. was one of the reasons I opposed the in- SCIENCE vasion of Iraq in the first place. All of Subtitle B—Advanced Placement and Sec. 1101. National Science and Technology International Baccalaureate Programs the options regarding Iran remain on Summit. the table. The question is in what con- Sec. 1102. Study on barriers to innovation. Sec. 3121. Purpose. text these options should be debated, Sec. 1103. National Innovation Medal. Sec. 3122. Definitions. Sec. 3123. Advanced Placement and Inter- alongside other options designed to Sec. 1104. Release of scientific research re- national Baccalaureate pro- eventually open Iran and bring it results. Sec. 1105. Semiannual Science, Technology, grams. sponsibly into the world community. TITLE II—MATH NOW In my view, and in terms of the con- Engineering, and Mathematics Days. Sec. 3201. Math Now for elementary school stitutional process, absent a direct at- Sec. 1106. Study of service science. and middle school students pro- tack or a clearly imminent threat, the TITLE II—INNOVATION PROMOTION gram. place for that debate is here in the Sec. 1201. President’s Council on Innovation TITLE III—FOREIGN LANGUAGE open forum of the Congress and not in and Competitiveness. PARTNERSHIP PROGRAM some closed-door meeting at the White Sec. 1202. Innovation acceleration research. Sec. 3301. Findings and purpose. Sec. 3302. Definitions. House. TITLE III—NATIONAL AERONAUTICS AND Sec. 3303. Program authorized. It is my hope we can take up this SPACE ADMINISTRATION Sec. 3304. Authorization of appropriations. necessary legislation either in the for- Sec. 1301. NASA’s contribution to innova- TITLE IV—ALIGNMENT OF EDUCATION mat in which I have introduced it tion. PROGRAMS Sec. 1302. Aeronautics Institute for Re- today or as an amendment to the 2007 Sec. 3401. Alignment of secondary school search. supplemental appropriations bill, graduation requirements with which we will consider in the next few Sec. 1303. Basic research enhancement. Sec. 1304. Aging workforce issues program. the demands of 21st century weeks. I look forward to working with Sec. 1305. Conforming amendments. postsecondary endeavors and my colleagues on both sides of the Sec. 1306. Fiscal year 2008 basic science and support for P–16 education data aisle, and I would welcome their sup- research funding. systems. port. TITLE IV—NATIONAL INSTITUTE OF DIVISION D—NATIONAL SCIENCE STANDARDS AND TECHNOLOGY FOUNDATION Sec. 4001. Authorization of appropriations. By Mr. REID (for himself, Mr. Sec. 1401. Authorization of appropriations. Sec. 4002. Strengthening of education and Sec. 1402. Amendments to the Stevenson- MCCONNELL, Mr. BINGAMAN, Mr. human resources directorate Wydler Technology Innovation DOMENICI, Mr. INOUYE, Mr. STE- through equitable distribution Act of 1980. VENS, Mr. KENNEDY. Mr. ENZI, of new funds. Sec. 1403. Innovation acceleration. Sec. 4003. Graduate fellowships and graduate Mr. LIEBERMAN, Mr. ENSIGN, Sec. 1404. Manufacturing extension. Ms. MIKULSKI, Mr. ALEXANDER, traineeships. Sec. 1405. Experimental Program to Stimu- Sec. 4004. Professional science master’s de- Mr. NELSON of Florida, Mrs. late Competitive Technology. gree programs. HUTCHISON, Mr. KERRY, Mr. Sec. 1406. Technical amendments to the Na- Sec. 4005. Increased support for science edu- SMITH, Mr. MENENDEZ, Mr. ROB- tional Institute of Standards cation through the National ERTS, Mr. SALAZAR, Mr. and Technology Act and other Science Foundation. CORNYN, Mr. PRYOR, Mr. COLE- technical amendments. Sec. 4006. Meeting critical national science MAN, Ms. CANTWELL, Mr. MAR- TITLE V—OCEAN AND ATMOSPHERIC needs. TINEZ, Mr. CARPER, Ms. MUR- PROGRAMS Sec. 4007. Reaffirmation of the merit-review process of the National Science KOWSKI, Mrs. CLINTON, Mr. Sec. 1501. Ocean and atmospheric research and development program. Foundation. CRAIG, Mr. KOHL, Mr. LUGAR, Sec. 1502. NOAA ocean and atmospheric Sec. 4008. Experimental Program to Stimu- Mr. BROWN, Mr. VOINOVICH, Mr. science education programs. late Competitive Research. ROCKEFELLER, Mr. WARNER, Ms. Sec. 4009. Encouraging participation. DIVISION B—DEPARTMENT OF ENERGY LANDRIEU, and Mr. OBAMA): Sec. 4010. Cyberinfrastructure. Sec. 2001. Short title. Sec. 4011. Federal information and commu- S. 761. A bill to invest in innovation Sec. 2002. Definitions. nications technology research. and education to improve the competi- Sec. 2003. Mathematics, science, and engi- Sec. 4012. Robert Noyce Teacher Scholarship tiveness of the United States in the neering education at the De- Program. global economy; read the first time. partment of Energy. Sec. 4013. Sense of the Senate regarding the Sec. 2004. Department of Energy early-ca- mathematics and science part- Mr. REID. Mr. President, I ask unan- reer research grants. nership programs of the Depart- imous consent that the text of the bill Sec. 2005. Advanced Research Projects Au- ment of Education and the Na- be printed in the RECORD. thority-Energy. tional Science Foundation.

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0655 E:\CR\FM\G05MR6.018 S05MRPT1 ccoleman on PROD1PC60 with SENATE S2604 CONGRESSIONAL RECORD — SENATE March 5, 2007 Sec. 4014. National Science Foundation ciations, regulatory authorities, manage- vilian Federal agencies that conduct sci- teacher institutes for the 21st ment, shareholders, labor, and other con- entific research develop specific policies and century. cerned interests to encourage appropriate procedures regarding the public release of DIVISION A—COMMERCE AND SCIENCE approaches to innovation risk-taking; data and results of research conducted by a SEC. 1001. SHORT TITLE. (8) incentives to encourage participation scientist employed by such an agency con- This division may be cited as the ‘‘Amer- among institutions of higher education, es- sistent with the principles established under ican Innovation and Competitiveness Act’’. pecially those in rural and underserved subsection (a). Such polices and procedures areas, to engage in innovation; shall— TITLE I—OFFICE OF SCIENCE AND TECH- (9) relevant Federal regulations that may (1) specifically address what is and what is NOLOGY POLICY; GOVERNMENT-WIDE discourage or encourage innovation; not permitted or recommended under such SCIENCE (10) the extent to which Federal funding policies and procedures; SEC. 1101. NATIONAL SCIENCE AND TECHNOLOGY promotes or hinders innovation; and (2) be specifically designed for each such SUMMIT. (11) the extent to which individuals are agency; (a) IN GENERAL.—Not later than 180 days being equipped with the knowledge and skills (3) be applied uniformly throughout each after the date of enactment of this Act, the necessary for success in the 21st century such agency; and President shall convene a National Science workforce, as measured by— (4) be widely communicated and readily ac- and Technology Summit to examine the (A) elementary school and secondary cessible to all employees of each such agency health and direction of the United States’ school student academic achievement on the and the public. science and technology enterprises. The Summit shall include representatives of in- State academic assessments required under SEC. 1105. SEMIANNUAL SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS dustry, small business, labor, academia, section 1111(b)(3) of the Elementary and Sec- ondary Education Act of 1965 (20 U.S.C. 6311 DAYS. State government, Federal research and de- It is the sense of Congress that the Direc- velopment agencies, non-profit environ- (b)(3)), especially in mathematics, science, and reading; tor of the Office of Science and Technology mental and energy policy groups concerned Policy should— with science and technology issues, and (B) the rate of student entrance into institutions of higher education by type of insti- (1) encourage all elementary and middle other nongovernmental organizations. schools to observe a Science, Technology, (b) REPORT.—Not later than 90 days after tution, and barriers to access to institutions of higher education; Engineering, and Mathematics Day twice in the date of the conclusion of the Summit, every school year for the purpose of bringing the President shall issue a report on the re- (C) the rates of— (i) students successfully completing post- in science, technology, engineering, and sults of the Summit. The report shall iden- mathematics mentors to provide hands-on tify key research and technology challenges secondary education programs; and (ii) certificates, associate degrees, and bac- lessons to excite and inspire students to pur- and recommendations for areas of invest- sue the science, technology, engineering, and ment for Federal research and technology calaureate degrees awarded in the fields of science, technology, engineering, and mathe- mathematics fields (including continuing programs to be carried out during the 5-year education and career paths); period beginning on the date the report is matics; and (D) access to, and availability of, high (2) initiate a program, in consultation with issued. Federal agencies and departments, to pro- (c) ANNUAL EVALUATION.—Beginning in quality job training programs. vide support systems, tools (from existing 2008, the Director of the Office of Science and (b) REPORT REQUIRED.—Not later than 1 outreach offices), and mechanisms to allow Technology Policy shall publish and submit year after entering into the contract re- and encourage Federal employees with sci- to Congress an annual report that contains quired by subsection (a) and 4 years after en- entific, technological, engineering, or math- recommendations for areas of investment for tering into such contract, the National ematical responsibilities to reach out to Federal research and technology programs, Academy of Sciences shall submit to Con- local classrooms on such Science, Tech- including a justification for each area identi- gress a report on the study conducted under nology, Engineering, and Mathematics Days fied in the report. Each report submitted such subsection. to instruct and inspire school children, fo- during the 5-year period beginning on the (c) AUTHORIZATION OF APPROPRIATIONS.— cusing on real life science, technology, engi- date of the conclusion of the Summit shall There are authorized to be appropriated to neering, and mathematics-related applicable take into account any recommendations the National Academy of Sciences $1,000,000 experiences along with hands-on demonstra- made by the Summit. for fiscal year 2008 for the purpose of carrying out the study required under this sections in order to demonstrate the advantages SEC. 1102. STUDY ON BARRIERS TO INNOVATION. and direct applications of studying the (a) IN GENERAL.—Not later than 90 days tion. science, technology, engineering, and mathe- after the date of enactment of this Act, the SEC. 1103. NATIONAL INNOVATION MEDAL. matics fields; and Director of the Office of Science and Tech- Section 16 of the Stevenson-Wydler Tech- (3) promote Science, Technology, Engi- nology Policy shall enter into a contract nology Innovation Act of 1980 (15 U.S.C. 3711) neering, and Mathematics Days involvement with the National Academy of Sciences to is amended— by private sector and institutions of higher conduct and complete a study to identify, (1) by striking the section heading and in- education employees in a manner similar to and to review methods to mitigate, new serting ‘‘SEC. 16. NATIONAL TECHNOLOGY the Federal employee involvement described forms of risk for businesses beyond conven- AND INNOVATION MEDAL.’’; and in paragraph (2). tional operational and financial risk that af- (2) in subsection (a), by striking ‘‘Tech- SEC. 1106. STUDY OF SERVICE SCIENCE. fect the ability to innovate, including study- nology Medal’’ and inserting ‘‘Technology (a) SENSE OF CONGRESS.—It is the sense of ing and reviewing— and Innovation Medal’’. Congress that, in order to strengthen the (1) incentive and compensation structures SEC. 1104. RELEASE OF SCIENTIFIC RESEARCH competitiveness of United States enterprises that could effectively encourage long-term RESULTS. and institutions and to prepare the people of value creation and innovation; (a) PRINCIPLES.—Not later than 90 days the United States for high-wage, high-skill (2) methods of voluntary and supplemental after the date of enactment of this Act, the employment, the Federal Government disclosure by industry of intellectual cap- Director of the Office of Science and Tech- should better understand and respond strate- ital, innovation performance, and indicators nology Policy, in consultation with the Di- gically to the emerging management and of future valuation; rector of the Office of Management and learning discipline known as service science. (3) means by which government could work Budget and the heads of all Federal civilian (b) STUDY.—Not later than 270 days after with industry to enhance the legal and regu- agencies that conduct scientific research, the date of enactment of this Act, the Direc- latory framework to encourage the disclo- shall develop and issue an overarching set of tor of the Office of Science and Technology sures described in paragraph (2); principles to ensure the communication and Policy, through the National Academy of (4) practices that may be significant deter- open exchange of data and results to other Sciences, shall conduct a study and report to rents to United States businesses engaging agencies, policymakers, and the public of re- Congress regarding how the Federal Govern- in innovation risk-taking compared to for- search conducted by a scientist employed by ment should support, through research, edu- eign competitors; a Federal civilian agency and to prevent the cation, and training, the emerging manage- (5) costs faced by United States businesses intentional or unintentional suppression or ment and learning discipline known as serv- engaging in innovation compared to foreign distortion of such research findings. The ice science. competitors, including the burden placed on principles shall encourage the open exchange (c) OUTSIDE RESOURCES.—In conducting the businesses by high and rising health care of data and results of research undertaken study under subsection (b), the National costs; by a scientist employed by such an agency Academy of Sciences shall consult with lead- (6) means by which industry, trade associa- and shall be consistent with existing Federal ers from 2- and 4-year institutions of higher tions, and universities could collaborate to laws, including chapter 18 of title 35, United education, as defined in section 101(a) of the support research on management practices States Code (commonly known as the ‘‘Bayh- Higher Education Act of 1965 (20 U.S.C. and methodologies for assessing the value Dole Act’’). 1001(a)), leaders from corporations, and other and risks of longer term innovation strate- (b) IMPLEMENTATION.—Not later than 180 relevant parties. gies; days after the date of enactment of this Act, (d) SERVICE SCIENCE DEFINED.—In this sec- (7) means to encourage new, open, and col- the Director of the Office of Science and tion, the term ‘‘service science’’ means cur- laborative dialogue between industry asso- Technology Policy shall ensure that all ci- ricula, training, and research programs that

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.029 S05MRPT1 ccoleman on PROD1PC60 with SENATE March 5, 2007 CONGRESSIONAL RECORD — SENATE S2605 are designed to teach individuals to apply person and the initial meeting of the Council search projects that can yield results with scientific, engineering, and management dis- shall occur not later than 6 months after the far-ranging or wide-ranging implications but ciplines that integrate elements of computer date of enactment of this Act. are considered too novel or span too diverse science, operations research, industrial engi- (d) DEVELOPMENT OF INNOVATION AGENDA.— a range of disciplines to fare well in the tra- neering, business strategy, management (1) IN GENERAL.—The Council shall develop ditional peer review process. Priority in the sciences, and social and legal sciences, in a comprehensive agenda for strengthening awarding of grants under this program shall order to encourage innovation in how organi- the innovation and competitiveness capabili- be given to research projects that— zations create value for customers and share- ties of the Federal Government, State gov- (1) meet fundamental technology or sci- holders that could not be achieved through ernments, academia, and the private sector entific challenges; such disciplines working in isolation. in the United States. (2) involve multidisciplinary work; and TITLE II—INNOVATION PROMOTION (2) CONTENTS.—The comprehensive agenda (3) involve a high degree of novelty. required by paragraph (1) shall include the (b) DEPARTMENTS AND AGENCIES.— SEC. 1201. PRESIDENT’S COUNCIL ON INNOVA- following: TION AND COMPETITIVENESS. (1) FUNDING GOALS.—The President shall (A) An assessment of current strengths and (a) IN GENERAL.—The President shall es- ensure that it is the goal of each Executive weaknesses of the United States investment tablish a President’s Council on Innovation agency (as defined in section 105 of title 5, in research and development. and Competitiveness. United States Code) that finances research (B) Recommendations for addressing weak- (b) DUTIES.—The Council’s duties shall in- in science, mathematics, engineering, and nesses and maintaining the United States as clude— technology to allocate approximately 8 per- a world leader in research and development (1) monitoring implementation of public cent of the agency’s total annual research and technological innovation. laws and initiatives for promoting innova- and development budget to funding research, (C) Recommendations for strengthening tion, including policies related to research including grants, under the Innovation Ac- the innovation and competitiveness capabili- funding, taxation, immigration, trade, and celeration Research Program. ties of the Federal government, State gov- education that are proposed in this Act or in (2) ADMINISTRATION.— ernments, academia, and the private sector any other Act; (A) IN GENERAL.—Not later than 90 days in the United States. (2) providing advice to the President with after the date of enactment of this Act, the (3) ADVISORS.— respect to global trends in competitiveness head of each Executive agency participating (A) RECOMMENDATION.—Not later than 30 and innovation and allocation of Federal rein the Innovation Acceleration Research days after the date of enactment of this Act, sources in education, job training, and tech- Program under paragraph (1) shall submit to the National Academy of Sciences, in con- nology research and development consid- the Director of the Office of Science and sultation with the National Academy of En- ering such global trends in competitiveness Technology Policy and the Director of the gineering, the Institute of Medicine, and the and innovation; Office of Management and Budget a plan for National Research Council, shall develop and (3) in consultation with the Director of the implementing the research program within submit to the President a list of 50 individ- Office of Management and Budget, devel- such Executive agency. An implementation uals that are recommended to serve as advi- oping a process for using metrics to assess plan may incorporate existing initiatives of sors to the Council during the development the impact of existing and proposed policies the Executive agencies that promote re- of the comprehensive agenda required by and rules that affect innovation capabilities search in innovation as described in subparagraph (1). The list of advisors shall in- in the United States; section (a). clude appropriate representatives from the (4) identifying opportunities and making (B) REQUIRED METRICS.— following: recommendations for the heads of executive (i) IN GENERAL.—The head of each Execu- (i) The private sector of the economy. agencies to improve innovation, monitoring, tive agency submitting an implementation (ii) Labor. and reporting on the implementation of such plan pursuant to subparagraph (A) shall in- (iii) Various fields including information recommendations; clude metrics upon which grant funding deci- technology, energy, engineering, high-tech- (5) developing metrics for measuring the sions will be made and metrics for assessing nology manufacturing, health care, and edu- progress of the Federal Government with re- the success of the grants awarded. cation. spect to improving conditions for innova- (ii) METRICS FOR BASIC RESEARCH.—The (iv) Scientific organizations. tion, including through talent development, metrics developed under clause (i) to assess (v) Academic organizations and other non- investment, and infrastructure improve- basic research programs shall assess manage- governmental organizations working in the ments; and ment of the programs and shall not assess area of science or technology. (6) submitting to the President and Con- specific scientific outcomes of the research (B) DESIGNATION.—Not later than 30 days gress an annual report on such progress. conducted by the programs. after the date that the National Academy of (c) MEMBERSHIP AND COORDINATION.— (C) GRANT DURATION AND RENEWALS.— Sciences submits the list of recommended in- (1) MEMBERSHIP.—The Council shall be (i) IN GENERAL.—Any grants issued by an composed of the Secretary or head of each of dividuals to serve as advisors, the President Executive agency under this section shall be the following: shall designate 50 individuals to serve as ad- for a period not to exceed 3 years. visors to the Council. (A) The Department of Commerce. (ii) EVALUATION.—Not later than 90 days (B) The Department of Defense. (C) REQUIREMENT TO CONSULT.—The Council prior to the expiration of a grant issued (C) The Department of Education. shall develop the comprehensive agenda re- under this section, the Executive agency (D) The Department of Energy. quired by paragraph (1) in consultation with that approved the grant shall complete an (E) The Department of Health and Human the advisors. evaluation of the effectiveness of the grant Services. (4) INITIAL SUBMISSION AND UPDATES.— based on the metrics established pursuant to (F) The Department of Homeland Security. (A) INITIAL SUBMISSION.—Not later than 1 subparagraph (B). In its evaluation, the Ex- (G) The Department of Labor. year after the date of enactment of this Act, ecutive agency shall consider the extent to (H) The Department of the Treasury. the Council shall submit to Congress and the which the program funded by the grant met (I) The National Aeronautics and Space President the comprehensive agenda re- the goals of quality improvement and job Administration. quired by paragraph (1). creation. (B) UPDATES.—At least once every 2 years, (J) The Securities and Exchange Commis- (iii) PUBLICATION OF REVIEW.—The Execu- sion. the Council shall update the comprehensive tive agency shall publish and make available (K) The National Science Foundation. agenda required by paragraph (1) and submit to the public the review of each grant ap- (L) The Office of the United States Trade each such update to Congress and the Presi- proved pursuant to this section. dent. Representative. (iv) FAILURE TO MEET METRICS.—Any grant (e) TECHNICAL AMENDMENT.—Section 101(b) (M) The Office of Management and Budget. that the Executive agency awarding the of the High-Performance Computing Act of (N) The Office of Science and Technology grant determines has failed to satisfy any of 1991 (15 U.S.C. 5511(b)) is amended by striking Policy. ‘‘an’’ in the first sentence and inserting ‘‘a the metrics developed pursuant to subpara- (O) The Environmental Protection Agency. distinct’’. graph (B), shall not be eligible for a renewal. (P) Any other department or agency des- (f) OPTIONAL ASSIGNMENT.—Notwith- (v) RENEWAL.—A grant issued under this ignated by the President. standing subsection (a) and paragraphs (1) section that satisfies all of the metrics de- (2) CHAIRPERSON.—The Secretary of Com- and (2) of subsection (c), the President may veloped pursuant to subparagraph (B), may merce shall serve as Chairperson of the designate an existing council to carry out be renewed once for a period of not more Council. the requirements of this section. than 3 years. Additional renewals may be (3) COORDINATION.—The Chairperson of the SEC. 1202. INNOVATION ACCELERATION RE- considered only if the head of the Executive Council shall ensure appropriate coordina- SEARCH. agency makes a specific finding that the pro- tion between the Council and the National (a) PROGRAM ESTABLISHED.—The President, gram being funded involves a significant Economic Council, the National Security through the head of each Federal research technology or scientific advance that re- Council, and the National Science and Tech- agency, shall establish a program, to be quires a longer time frame to complete crit- nology Council. known as the Innovation Acceleration Re- ical research, and the research satisfies all (4) MEETINGS.—The Council shall meet on a search Program, to support and promote in- the metrics developed pursuant to subpara- semi-annual basis at the call of the Chair- novation in the United States through re- graph (B).

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(vi) WAIVER.—The head of the Executive (B) The amount spent on each program. (1) Space Science. agency may authorize a waiver of the re- (C) The number of students or teachers (2) Earth Science. quirement of clauses (iv) and (v) related to served by each program. (3) Life and Microgravity Sciences. satisfying metric requirements if he or she (D) Measurement of how each program im- (4) Aeronautical Research. determines that the grant failed to meet a proved student achievement, including with (d) LEADERSHIP.—The Basic Research Exec- small number of metrics and the failure was regard to challenging State achievement utive Council shall be chaired by an indi- not significant for the overall performance standards. vidual appointed for that purpose who shall of the grant. SEC. 1302. AERONAUTICS INSTITUTE FOR RE- have, as a minimum, a appropriate graduate (c) DEFINITIONS.—In this section: SEARCH. degree in a recognizable discipline in the (1) FEDERAL RESEARCH AGENCY.—The term (a) ESTABLISHMENT.— physical sciences, and appropriate experi- ‘‘Federal research agency’’ means a major (1) IN GENERAL.—The Administrator of the ence in the conduct and management of organizational component of a department National Aeronautics and Space Administra- basic research activity. The Chairman of the or agency of the Federal Government, or tion shall establish within the Administra- Council shall report directly to the Adminis- other establishment of the Federal Govern- tion an Aeronautics Institute for Research trator of the National Aeronautics and Space ment operating with appropriated funds, for the purpose of managing the aeronautics Administration. that has as its primary purpose the perform- research carried out by the Administration. (e) SUPPORTING RESOURCES AND PER- ance of scientific research. (2) DIRECTOR.—The Institute shall be head- SONNEL.—The Chairman of the Basic Re- AJOR ORGANIZATIONAL COMPONENT.— (2) M ed by a Director with appropriate experience search Executive Council shall be provided The term ‘‘major organizational compo- in aeronautics research and development. with adequate administrative staff support nent’’, with respect to a department, agency, (b) DUTIES.—The Institute shall implement to conduct the activity and functions of the or other establishment of the Federal Gov- the programs authorized under title IV of Council. ernment, means a component of the depart- the National Aeronautics and Space Admin- (f) DUTIES.—The Basic Research Executive ment, agency, or other establishment that is istration Authorization Act of 2005 (42 U.S.C. Council shall have, at minimum, the fol- administered by an individual whose rate of 16701 et seq.). lowing duties: basic pay is not less than the rate of basic (c) COOPERATION WITH OTHER AGENCIES.— (1) To establish criteria for the identifica- pay payable under level V of the Executive (1) IN GENERAL.—The Institute shall oper- tion of research activity as basic in nature. Schedule under section 5316 of title 5, United ate in conjunction with relevant programs in (2) To establish, in consultation with the States Code. the Department of Transportation, the De- Office of Science and Technology Policy, the partment of Defense, the Department of TITLE III—NATIONAL AERONAUTICS AND National Science Foundation, the National Commerce, and the Department of Homeland SPACE ADMINISTRATION Academy of Sciences, the National Institutes Security, including the activities of the SEC. 1301. NASA’S CONTRIBUTION TO INNOVA- of Health, and other appropriate external or- Joint Planning and Development Office es- TION. ganizations, a prioritization of fundamental tablished under the Vision 100—Century of (a) PARTICIPATION IN INTERAGENCY ACTIVI- research activity to be conducted by the Na- Aviation Reauthorization Act (Public Law TIES.—The National Aeronautics and Space tional Aeronautics and Space Administra- 108–176; 117 Stat. 2490). Administration shall be a full participant in tion, to be reviewed and updated on an an- (2) RESOURCES.—The Director of the Insti- any interagency effort to promote innova- nual basis, taking into consideration evolv- tute may accept assistance, staff, and fund- tion and economic competitiveness through ing national research priorities. ing from those Departments and other Fed- near-term and long-term basic scientific re- (3) To monitor, review, and evaluate all eral agencies. Any such funding shall be in search and development and the promotion basic research activity of the National Aero- addition to funds authorized for aeronautics of science, technology, engineering, and nautics and Space Administration for com- under the National Aeronautics and Space mathematics education. pliance with basic research priorities estab- Administration Authorization Act of 2005 (b) HISTORIC FOUNDATION.—In order to lished under paragraph (2). (Public Law 109–155). carry out the participation described in sub- (4) To make recommendations to the Ad- (3) OTHER COORDINATION.—The Director of section (a), the Administrator of the Na- ministrator of the National Aeronautics and the Institute may utilize the Next Genera- tional Aeronautics and Space Administra- Space Administration regarding adjustments tion Air Transportation Senior Policy Com- tion shall build on the historic role of the in the basic research activities of the Admin- mittee established under section 710 of the National Aeronautics and Space Administra- istration to ensure consistency with the re- Vision 100—Century of Aviation Reauthor- tion in stimulating excellence in the ad- search priorities established under this sec- ization Act (Public Law 108–176; 49 U.S.C. vancement of physical science and engineer- tion. 40101 note) to coordinate its programs with ing disciplines and in providing opportuni- (5) To provide an annual report to the other Departments and agencies. ties and incentives for the pursuit of aca- Committee on Commerce, Science, and (d) PARTNERSHIPS.—In developing and car- demic studies in science, technology, engi- Transportation of the Senate and the Com- rying out its plans, the Institute shall con- neering, and mathematics. mittee on Science of the House of Represent- sult with the public and ensure the partici- (c) BALANCED SCIENCE PROGRAM AND RO- atives outlining the activities of the Council pation of experts from the private sector in- BUST AUTHORIZATION LEVELS.—The balanced during the preceding year and the status of cluding representatives of commercial avia- science program authorized by section 101(d) basic research activity within the Adminis- tion, general aviation, aviation labor groups, of the National Aeronautics and Space Ad- tration. The initial such report, to serve as a aviation research and development entities, ministration Authorization Act of 2005 (42 baseline document, shall be provided within aircraft and air traffic control suppliers, and U.S.C. 16611) shall be an element of the con- 90 days after the establishment and initial the space industry. tribution by the National Aeronautics and operations of the Council. Space Administration to such interagency SEC. 1303. BASIC RESEARCH ENHANCEMENT. programs. It is the sense of Congress that a (a) IN GENERAL.—The Administrator of the SEC. 1304. AGING WORKFORCE ISSUES PROGRAM. robust National Aeronautics and Space Ad- National Aeronautics and Space Administra- It is the sense of Congress that the Admin- ministration, funded at the levels authorized tion, the Director of the National Science istrator of the National Aeronautics and for fiscal years 2007 and 2008 under sections Foundation, the Secretary of Energy, the Space Administration should implement a 202 and 203 of such Act (42 U.S.C. 16631 and Secretary of Defense, and Secretary of Com- program to address aging work force issues 16632) and at appropriate levels in subsequent merce shall, to the extent practicable, co- in aerospace that— fiscal years would enable a fair balance ordinate basic and fundamental research ac- (1) documents technical and management among science, aeronautics, education, ex- tivities related to physical sciences, tech- experiences before senior people leave the ploration, and human space flight programs nology, engineering and mathematics. Administration, including— and allow full participation in any inter- (b) ESTABLISHMENT OF BASIC RESEARCH EX- (A) documenting lessons learned; agency efforts to promote innovation and ECUTIVE COUNCIL.—In order to ensure effec- (B) briefing organizations; economic competitiveness. tive application of resources to basic science (C) providing opportunities for archiving (d) ANNUAL REPORT.— activity and to facilitate cooperative basic lessons in a database; and (1) REQUIREMENT.—The Administrator shall and fundamental research activities with (D) providing opportunities for near-term submit to Congress and the President an another governmental organizations, the Ad- retirees to transition out early from their nual report describing the activities con- ministrator of the National Aeronautics and primary assignment in order to document ducted pursuant to this section, including a Space Administration shall establish within their career lessons learned and brief new description of the goals and the objective the Administration a Basic Research Execu- employees prior to their separation from the metrics upon which funding decisions were tive Council to oversee the distribution and Administration; made. management of programs and resources en- (2) provides incentives for retirees to re- (2) CONTENT.—Each report submitted pur- gaged in support of basic research activity. turn and teach new employees about their suant to paragraph (1) shall include, with re- (c) MEMBERSHIP.—The membership of the career lessons and experiences; and gard to science, technology, engineering, and Basic Research Executive Council shall con- (3) provides for the development of an mathematics education programs, at a min- sist of the most senior agency official rep- award to recognize and reward outstanding imum, the following: resenting each of the following areas of re- senior employees for their contributions to (A) A description of each program. search: knowledge sharing.

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.029 S05MRPT1 ccoleman on PROD1PC60 with SENATE March 5, 2007 CONGRESSIONAL RECORD — SENATE S2607 SEC. 1305. CONFORMING AMENDMENTS. (A) in paragraph (1), by striking ‘‘sections SEC. 1404. MANUFACTURING EXTENSION. Section 101(d) of the National Aeronautics 5, 11(g), and 16’’ and inserting ‘‘sections 11(g) (a) MANUFACTURING CENTER EVALUATION.— and Space Administration Authorization Act and 16’’; and Section 25(c)(5) of the National Institute of of 2005 (42 U.S.C. 16611(d)) is amended— (B) in paragraph (2), by striking ‘‘$500,000 is Standards and Technology Act (15 U.S.C. (1) by striking ‘‘and’’ after the semicolon authorized only for the purpose of carrying 278k(c)(5)) is amended by inserting ‘‘A Center in paragraph (2)(B); out the requirements of the Japanese tech- that has not received a positive evaluation (2) by striking ‘‘Act.’’ in paragraph (2)(C) nical literature program established under by the evaluation panel shall be notified by and inserting ‘‘Act; and’’; section 5(d) of this Act;’’. the panel of the deficiencies in its perform- (3) by adding at the end of paragraph (2) (4) HIGH-PERFORMANCE COMPUTING ACT OF ance and shall be placed on probation for one the following: 1991.—Section 208 of the High-Performance year, after which time the panel shall re- ‘‘(D) the number and content of science ac- Computing Act of 1991 (15 U.S.C. 5528) is evaluate the Center. If the Center has not tivities which are undertaken in support of amended by striking subsection (c) and re- addressed the deficiencies identified by the science missions described in subparagraph designating subsection (d) as subsection (c). panel, or shown a significant improvement in its performance, the Director shall conduct a (A), and the number and content of science (5) ASSISTIVE TECHNOLOGY ACT OF 1998.—Sec- activities which may be considered as funda- tion 6(b)(4)(B)(v) of the Assistive Technology new competition to select an operator for the Center or may close the Center.’’ after mental, or basic research, whether incor- Act of 1998 (29 U.S.C. 3005(b)(4)(B)(v)) is ‘‘at declining levels.’’. porated within specific missions or con- amended by striking ‘‘the Technology Ad- (b) FEDERAL SHARE.—Section 25 of the Na- ducted independently of any specific mis- ministration of the Department of Com- sion.’’; and tional Institute of Standards and Technology merce,’’ and inserting ‘‘the National Insti- Act (15 U.S.C. 278k) is amended by striking (4) by adding at the end of paragraph (3) tute of Standards and Technology,’’. the following: subsection (d) and inserting the following: SEC. 1403. INNOVATION ACCELERATION. ‘‘(d) ACCEPTANCE OF FUNDS.—In addition to ‘‘(H) How NASA science activities can best (a) PROGRAM.—In order to implement sec- such sums as may be appropriated to the be structured to ensure that basic and funda- tion 1202 of this Act, the Director of the Na- Secretary and Director to operate the Cen- mental research can be effectively main- tional Institute of Standards and Technology ters program, the Secretary and Director tained and coordinated in response to na- shall— also may accept funds from other Federal de- tional goals in competitiveness and innova- (1) establish a program linked to the goals partments and agencies and under section tion, and in contributing to national sci- and objectives of the measurement labora- 2(c)(7) from the private sector for the pur- entific, technology, engineering and mathe- tories, to be known as the ‘‘Standards and pose of strengthening United States manu- matics leadership.’’. Technology Acceleration Research Pro- facturing. Such funds from the private sec- SEC. 1306. FISCAL YEAR 2008 BASIC SCIENCE AND gram’’, to support and promote innovation in tor, if allocated to a Center or Centers, shall RESEARCH FUNDING. the United States through high-risk, high-re- not be considered in the calculation of the Notwithstanding any other provision of ward research; and Federal share of capital and annual oper- law, the Administrator of the National Aero- (2) set aside, from funds available to the ating and maintenance costs under sub- nautics and Space Administration shall in- measurement laboratories, an amount equal section (c).’’. crease funding for basic science and re- to not less than 8 percent of the funds avail- SEC. 1405. EXPERIMENTAL PROGRAM TO STIMU- search, including for the Explorer Program, able to the Institute each fiscal year for such LATE COMPETITIVE TECHNOLOGY. for fiscal year 2008 by $160,000,000 by transfer- Program. (a) IN GENERAL.—The Director of the Na- ring such amount for such purpose from ac- (b) EXTERNAL FUNDING.—The Director shall tional Institutes of Standards and Tech- counts of the National Aeronautics and ensure that at least 80 percent of the funds nology shall re-establish the Experimental Space Administration. The transfer shall be available for such Program shall be used to Program to Stimulate Competitive Tech- contingent upon the availability of unobli- award competitive, merit-reviewed grants, nology. The purpose of the program shall be gated balances to the National Aeronautics cooperative agreements, or contracts to pub- to strengthen the technological competitive- and Space Administration. lic or private entities, including businesses ness of those States that have historically TITLE IV—NATIONAL INSTITUTE OF and universities. In selecting entities to re- received less Federal research and develop- STANDARDS AND TECHNOLOGY ceive such assistance, the Director shall en- ment funds than a majority of the States SEC. 1401. AUTHORIZATION OF APPROPRIATIONS. sure that the project proposed by an entity have received. There are authorized to be appropriated to has scientific and technical merit and that (b) ARRANGEMENTS.—In carrying out the the Secretary of Commerce for the use of the any resulting intellectual property shall vest program, the Director shall cooperate with National Institute of Standards and Tech- in a United States entity that can commer- State, regional, or local science and technology— cialize the technology in a timely manner. nology-based economic development organi- (1) for fiscal year 2008, $703,611,000, of which Each external project shall involve at least zation and with representatives of small $115,000,000 shall be used for the Hollings one small or medium-sized business and the business firms and other appropriate tech- Manufacturing Extension Partnership Pro- Director shall give priority to joint ventures nology-based businesses. gram; between small or medium-sized businesses (c) GRANTS AND COOPERATIVE AGREE- (2) for fiscal year 2009, $773,972,000, of which and educational institutions. Any grant MENTS.—In carrying out the program, the Di- $120,000,000 shall be used for the Hollings shall be for a period not to exceed 3 years. rector may make grants or enter into coop- Manufacturing Extension Partnership Pro- (c) COMPETITIONS.—The Director shall so- erative agreements to provide for— gram; licit proposals annually to address areas of (1) technology research and development; (3) for fiscal year 2010, $851,369,000, of which national need for high-risk, high-reward re- (2) technology transfer from university re- $125,000,000 shall be used for the Hollings search, as identified by the Director. search; Manufacturing Extension Partnership Pro- (d) ANNUAL REPORT.—Each year the Direc- (3) technology deployment and diffusion; gram; and tor shall issue an annual report describing and (4) for fiscal year 2011, $936,506,000, of which the program’s activities, including include a (4) the strengthening of technological and $130,000,000 shall be used for the Hollings description of the metrics upon which grant innovation capabilities through consortia Manufacturing Extension Partnership Pro- funding decisions were made in the previous comprised of— gram. fiscal year, any proposed changes to those (A) technology-based small business firms; SEC. 1402. AMENDMENTS TO THE STEVENSON- metrics, metrics for evaluating the success (B) industries and emerging companies; WYDLER TECHNOLOGY INNOVATION of ongoing and completed grants, and an (C) institutions of higher education includ- ACT OF 1980. evaluation of ongoing and completed grants. ing community colleges; and (a) IN GENERAL.—Section 5 of the Steven- The first annual report shall include best (D) State and local development agencies son-Wydler Technology Innovation Act of practices for management of programs to and entities. 1980 (15 U.S.C. 3704) is repealed. stimulate high-risk, high-reward research. (d) REQUIREMENTS FOR MAKING AWARDS.— (b) CONFORMING AMENDMENTS.— (e) ADMINISTRATIVE EXPENSES.—No more (1) IN GENERAL.—In making awards under (1) TITLE 5, UNITED STATES CODE.—Section than 5 percent of the finding available to the this section, the Director shall ensure that 5314 of title 5, United States Code, is amend- program may be used for administrative ex- the awards are awarded on a competitive ed by striking ‘‘Under Secretary of Com- penses. basis that includes a review of the merits of merce for Technology.’’. (f) HIGH-RISK, HIGH-REWARD RESEARCH DE- the activities that are the subject of the (2) DEFINITIONS.—Section 4 of the Steven- FINED.—In this section, the term ‘‘high-risk, award, giving special emphasis to those son-Wydler Technology Innovation Act of high-reward research’’ means research that— projects which will increase the participa- 1980 (15 U.S.C. 3703) is amended— (1) has the potential for yielding results tion of women, Native Americans (including (A) by striking paragraphs (1) and (3); and with far-ranging or wide-ranging implica- Native Hawaiians and Alaska Natives), and (B) by redesignating paragraphs (2) tions; underrepresented groups in science and tech- through (13) as paragraphs (1) through (11), (2) addresses critical national needs related nology. respectively. to measurement standards and technology; (2) MATCHING REQUIREMENT.—The non-Fed- (3) REPEAL OF AUTHORIZATION.—Section and eral share of the activities (other than plan- 21(a) of the Stevenson-Wydler Technology (3) is too novel or spans too diverse a range ning activities) carried out under an award Innovation Act of 1980 (15 U.S.C. 3713(a)) is of disciplines to fare well in the traditional under this subsection shall be not less than amended— peer review process. 50 percent of the cost of those activities.

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(e) CRITERIA FOR STATES.—The Director Institute from other Federal agencies for the sultation with the Director of the National shall establish criteria for achievement by purpose of production of Standard Reference Science Foundation and the Administrator each State that participates in the program. Materials may be transferred to the fund.’’. of the National Aeronautics and Space Ad- Upon the achievement of all such criteria, a (d) OUTDATED SPECIFICATIONS.— ministration, shall establish a coordinated State shall cease to be eligible to participate (1) REDEFINITION OF METRIC SYSTEM.—Sec- program of ocean and atmospheric research in the program. tion 2 of the Act of July 28, 1866, entitled and development, in collaboration with aca- (f) COORDINATION.—To the extent prac- ‘‘An Act to authorize the Use of the Metric demic institutions and other nongovern- ticable, in carrying out this subsection, the System of Weights and Measures’’ (15 U.S.C. mental entities, that shall focus on the de- Director shall coordinate the program with 205; 14 Stat. 339) is amended to read as fol- velopment of advanced technologies and ana- other programs of the Department of Com- lows: lytical methods that will promote United merce. ‘‘SEC. 2. METRIC SYSTEM DEFINED. States leadership in ocean and atmospheric (g) REPORT.— ‘‘The metric system of measurement shall science and competitiveness in the applied (1) IN GENERAL.—Not later than 90 days be defined as the International System of uses of such knowledge. after the date of enactment of this Act, the Units as established in 1960, and subse- SEC. 1502. NOAA OCEAN AND ATMOSPHERIC Director shall prepare and submit to the quently maintained, by the General Con- SCIENCE EDUCATION PROGRAMS. Committee on Commerce, Science, and ference of Weights and Measures, and as in- (a) IN GENERAL.—The Administrator of the Transportation of the Senate and the Com- terpreted or modified for the United States National Oceanic and Atmospheric Adminis- mittee on Science of the House of Represent- by the Secretary of Commerce.’’. tration shall conduct, develop, support, pro- atives a report that meets the requirements (2) REPEAL OF REDUNDANT AND OBSOLETE mote, and coordinate formal and informal of this subsection. AUTHORITY.—The Act of July 21, 1950, enti- educational activities at all levels to en- (2) REQUIREMENTS FOR REPORT.—The report tled, ‘‘An Act To redefine the units and es- hance public awareness and understanding of required by this subsection shall contain— tablish the standards of electrical and photo- ocean, coastal, and atmospheric science and (A) a description of the structure and pro- metric measurements of 1950’’ (15 U.S.C. 223) stewardship by the general public and other cedures of the program; is hereby repealed. coastal stakeholders, including underrep- (B) a management plan for the program; (3) IDAHO TIME ZONE.—Section 3 of the Act resented groups in ocean and atmospheric (C) a description of the merit-based review of March 19, 1918, (commonly known as the science and policy careers. In conducting process to be used in the program; ‘‘Calder Act’’) (15 U.S.C. 264) is amended— those activities, the Administrator shall (D) milestones for the evaluation of activi- (A) in the section heading, by striking build upon the educational programs and ac- ties to be assisted under the program in fis- ‘‘third zone’’ and inserting ‘‘fourth zone’’; tivities of the agency. cal year 2008; and (b) NOAA SCIENCE EDUCATION PLAN.—The (E) an assessment of the eligibility of each (B) by striking ‘‘third zone’’ and inserting Administrator, appropriate National Oceanic State that participates in the Experimental ‘‘fourth zone’’. and Atmospheric Administration programs, Program to Stimulate Competitive Research (4) STANDARD TIME.—Section 1 of the Act of ocean atmospheric science and education ex- of the National Science Foundation to par- March 19, 1918, (commonly known as the perts, and interested members of the public ticipate in the program under this sub- ‘‘Calder Act’’) (15 U.S.C. 261) is amended— shall develop a science education plan set- section; and (A) by inserting ‘‘(a) IN GENERAL.—’’ before ting forth education goals and strategies for (F) the evaluation criteria with respect to ‘‘For the purpose’’; the Administration, as well as programmatic which the overall management and effective- (B) by striking the second sentence and the actions to carry out such goals and priorities ness of the program will be evaluated. extra period after it and inserting ‘‘Except as over the next 20 years, and evaluate and up- SEC. 1406. TECHNICAL AMENDMENTS TO THE NA- provided in section 3(a) of the Uniform Time date such plan every 5 years. TIONAL INSTITUTE OF STANDARDS Act of 1966 (15 U.S.C. 260a), the standard time (c) CONSTRUCTION.—Nothing in this section AND TECHNOLOGY ACT AND OTHER of the first zone shall be Coordinated Uni- TECHNICAL AMENDMENTS. may be construed to affect the application of versal Time retarded by 4 hours; that of the (a) RESEARCH FELLOWSHIPS.—Section 18 of section 438 of the General Education Provi- the National Institute of Standards and second zone retarded by 5 hours; that of the sions Act (20 U.S.C. 1232a) or sections 504 and Technology Act (15 U.S.C. 278g–1) is amended third zone retarded by 6 hours; that of the 508 of the Rehabilitation Act of 1973 (29 by striking ‘‘up to 1 per centum of the’’ in fourth zone retarded by 7 hours; that of the U.S.C. 794 and 794d). fifth zone retarded 8 hours; that of the sixth the first sentence. DIVISION B—DEPARTMENT OF ENERGY INANCIAL GREEMENTS zone retarded by 9 hours; that of the seventh (b) F A .— SEC. 2001. SHORT TITLE. (1) CLARIFICATION.—Section 2(b)(4) of the zone retarded by 10 hours; that of the eighth This division may be cited as the ‘‘Pro- National Institute of Standards and Tech- zone retarded by 11 hours; and that of the tecting America’s Competitive Edge nology Act (15 U.S.C. 272(b)(4)) is amended by ninth zone shall be Coordinated Universal Through Energy Act’’ or the ‘‘PACE–Energy inserting ‘‘and grants and cooperative agree- Time advanced by 10 hours.’’; and Act’’. ments,’’ after ‘‘arrangements,’’. (C) by adding at the end the following: ‘‘(b) COORDINATED UNIVERSAL TIME DE- (2) MEMBERSHIPS.—Section 2(c) of the Na- SEC. 2002. DEFINITIONS. tional Institute of Standards and Technology FINED.—In this section, the term ‘Coordi- In this division: Act (15 U.S.C. 272(c)) is amended— nated Universal Time’ means the time scale (1) DEPARTMENT.—The term ‘‘Department’’ (A) by striking ‘‘and’’ after the semicolon maintained through the General Conference means the Department of Energy. in paragraph (21); of Weights and Measures and interpreted or (2) INSTITUTION OF HIGHER EDUCATION.—The (B) by redesignating paragraph (22) as modified for the United States by the Sec- term ‘‘institution of higher education’’ has paragraph (23); and retary of Commerce in coordination with the the meaning given in section 101(a) of the (C) by inserting after paragraph (21) the Secretary of the Navy.’’. Higher Education Act of 1965 (20 U.S.C. following: (e) RETENTION OF DEPRECIATION SUR- 1001(a)). ‘‘(22) notwithstanding subsection (b)(4) of CHARGE.—Section 14 of the National Institute (3) NATIONAL LABORATORY.—The term ‘‘Na- this section, sections 6301 through 6308 of of Standards and Technology Act (15 U.S.C. tional Laboratory’’ has the meaning given title 31, United States Code (commonly 278d) is amended— the term in section 2 of the Energy Policy known as the ‘Grants and Cooperative Agree- (1) by inserting ‘‘(a) IN GENERAL.—’’ before Act of 2005 (42 U.S.C. 15801). ments Act’), sections 3551 through 3556 of ‘‘Within’’; and (4) SECRETARY.—The term ‘‘Secretary’’ such title (commonly known as the ‘Com- (2) by adding at the end the following: means the Secretary of Energy, acting ‘‘(b) RETENTION OF FEES.—The Director is petition in Contracting Act’), and the Fed- through the Under Secretary for Science ap- authorized to retain all building use and de- eral Acquisition Regulations set forth in pointed under section 202(b) of the Depart- preciation surcharge fees collected pursuant title 48, Code of Federal Regulations, to ex- ment of Energy Organization Act (42 U.S.C. to OMB Circular A–25. Such fees shall be col- pend appropriated funds for National Insti- 7132(b)). lected and credited to the Construction of tute of Standards and Technology member- SEC. 2003. MATHEMATICS, SCIENCE, AND ENGI- Research Facilities Appropriation Account ships in scientific organizations, registration NEERING EDUCATION AT THE DE- for use in maintenance and repair of Na- fees for attendance at conferences, and spon- PARTMENT OF ENERGY. tional Institute of Standards and Tech- sorship of conferences in furtherance of tech- (a) SCIENCE EDUCATION PROGRAMS.—Sec- nology’s existing facilities.’’. nology transfer; and’’. tion 3164 of the Department of Energy (f) NON-ENERGY INVENTIONS PROGRAM.— (c) WORKING CAPITAL FUND.—Section 12 of Science Education Enhancement Act (42 the National Institute of Standards and De- Section 27 of the National Institute of Stand- U.S.C. 7381a) is amended— velopment Act (15 U.S.C. 278b) is amended by ards and Technology Act (15 U.S.C. 278m) is (1) by redesignating subsections (b) adding at the end the following: repealed. through (d) as subsections (c) through (e), re- ‘‘(g) AMOUNT AND SOURCE OF TRANSFERS.— TITLE V—OCEAN AND ATMOSPHERIC spectively; Not to exceed one-quarter per centum of the PROGRAMS (2) by inserting after subsection (a) the fol- amounts appropriated to the Institute for SEC. 1501. OCEAN AND ATMOSPHERIC RESEARCH lowing: any fiscal year may be transferred to the AND DEVELOPMENT PROGRAM. ‘‘(b) ORGANIZATION OF MATHEMATICS, fund, in addition to any other transfer au- The Administrator of the National Oceanic SCIENCE, AND ENGINEERING EDUCATION PRO- thority. In addition, funds provided to the and Atmospheric Administration, in con- GRAMS.—

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‘‘(1) DIRECTOR OF MATHEMATICS, SCIENCE (2) otherwise make available to the Sec- ‘‘(B) uses National Laboratory scientific AND ENGINEERING EDUCATION.—Notwith- retary of Education reports associated with equipment in teaching the courses; and standing any other provision of law, the Sec- programs authorized under that section. ‘‘(C) uses distance education and other retary, acting through the Under Secretary (c) DEFINITION.—Section 3168 of the Depart- technologies to provide assistance described for Science (referred to in this subsection as ment of Energy Science Education Enhance- in subparagraphs (A) and (B) to schools fund- the ‘Under Secretary’), shall appoint a Direc- ment Act (42 U.S.C. 7381d) is amended by ed under this section that are not located tor of Mathematics, Science, and Engineer- adding at the end the following: near the National Laboratories. ing Education (referred to in this subsection ‘‘(5) NATIONAL LABORATORY.—The term ‘Na- ‘‘(4) RESTRICTION.—No State shall receive as the ‘Director’) with the principal responsi- tional Laboratory’ has the meaning given funding for more than 1 specialty school for bility for administering mathematics, the term in section 2 of the Energy Policy mathematics and science for a fiscal year. science, and engineering education programs Act of 2005 (42 U.S.C. 15801).’’. ‘‘(d) FEDERAL AND NON-FEDERAL SHARES.— across all functions of the Department. (d) MATHEMATICS, SCIENCE, AND ENGINEER- ‘‘(1) FEDERAL SHARE.—The Federal share of ‘‘(2) QUALIFICATIONS.—The Director shall ING EDUCATION PROGRAMS.—The Department the costs described in subsection (c)(1) shall be an individual, who by reason of profes- of Energy Science Education Enhancement not exceed 50 percent. sional background and experience, is spe- Act (42 U.S.C. 7381 et seq.) is amended— ‘‘(2) NON-FEDERAL SHARE.—The non-Federal cially qualified to advise the Under Sec- (1) by inserting after section 3162 the fol- share of the costs described in subsection retary on all matters pertaining to mathe- lowing: (c)(1) shall be— matics, science, and engineering education ‘‘Subpart A—Science Education ‘‘(A) not less than 50 percent; and at the Department. Enhancement’’; ‘‘(B) provided from non-Federal sources, in ‘‘(3) DUTIES.—The Director shall— (2) in section 3169, by striking ‘‘part’’ and cash or in kind, fairly evaluated, including ‘‘(A) oversee all mathematics, science, and inserting ‘‘subpart’’; and services. ‘‘(e) APPLICATION.—Each State desiring a engineering education programs of the De- (3) by adding at the end the following: partment; grant under this section shall submit an ap- ‘‘Subpart B—Mathematics, Science, and ‘‘(B) represent the Department as the prin- plication to the Director at such time, in cipal interagency liaison for all mathe- Engineering Education Programs such manner, and accompanied by such in- matics, science, and engineering education ‘‘SEC. 3170. DEFINITIONS. formation as the Director may require that programs, unless otherwise represented by ‘‘In this subpart: describes— the Secretary or the Under Secretary; ‘‘(1) DIRECTOR.—The term ‘Director’ means ‘‘(1) the process by which and selection cri- ‘‘(C) prepare the annual budget and advise the Director of Mathematics, Science, and teria with which the State will select and the Under Secretary on all budgetary issues Engineering Education. designate a school as a specialty school for for mathematics, science, and engineering ‘‘(2) NATIONAL LABORATORY.—The term ‘Na- mathematics and science in accordance with education programs of the Department; tional Laboratory’ has the meaning given this section; ‘‘(D) increase, to the maximum extent the term in section 2 of the Energy Policy ‘‘(2) how the State will ensure that funds practicable, the participation and advance- Act of 2005 (42 U.S.C. 15801). made available under this section are used to ment of women and underrepresented mi- ‘‘CHAPTER 1—ASSISTANCE FOR SPE- establish or expand a specialty school for norities at every level of science, tech- CIALTY SCHOOLS FOR MATHEMATICS mathematics and science— nology, engineering, and mathematics edu- AND SCIENCE ‘‘(A) in accordance with the activities de- cation; and ‘‘SEC. 3171. SPECIALTY SCHOOLS FOR MATHE- scribed in subsection (g); and ‘‘(E) perform other such matters related to MATICS AND SCIENCE. ‘‘(B) that has the capacity to improve the mathematics, science, and engineering edu- ‘‘(a) PURPOSE.—The purpose of this section academic achievement of all students in all cation as are required by the Secretary or is to provide assistance to States to estab- core academic subjects, and particularly in the Under Secretary. lish or expand public, statewide specialty mathematics and science; ‘‘(4) STAFF AND OTHER RESOURCES.—The secondary schools that provide comprehen- ‘‘(3) how the State will measure the extent Secretary shall assign to the Director such sive mathematics and science (including en- to which the school increases student aca- personnel and other resources as the Sec- gineering) education to improve the academic achievement on State academic retary considers necessary to permit the Di- demic achievement of students in mathe- achievement standards in mathematics and rector to carry out the duties of the Direc- matics and science. science; tor. ‘‘(b) DEFINITION OF SPECIALTY SCHOOL FOR ‘‘(4) the curricula and materials to be used ‘‘(5) ASSESSMENT.— MATHEMATICS AND SCIENCE.—In this chapter, in the school; ‘‘(A) IN GENERAL.—The Secretary shall the term ‘specialty school for mathematics ‘‘(5) the availability of funds from non-Fed- offer to enter into a contract with the Na- and science’ means a public secondary school eral sources for the non-Federal share of the tional Academy of Sciences under which the (including a school that provides residential costs of the activities authorized under this National Academy, not later than 5 years services to students) that— section; and after, and not later than 10 years after, the ‘‘(1) serves students residing in the State ‘‘(6) how the State will use technical as- date of enactment of this paragraph, shall in which the school is located; and sistance and support from the Department, assess the performance of the mathematics, ‘‘(2) offers to those students a high-quality, including the National Laboratories, and science, and engineering education programs comprehensive mathematics and science (in- other entities with experience and expertise of the Department. cluding engineering) curriculum designed to in mathematics and science education, in- ‘‘(B) CONSIDERATIONS.—An assessment improve the academic achievement of stu- cluding institutions of higher education. under this paragraph shall be conducted tak- dents in mathematics and science. ‘‘(f) DISTRIBUTION.—In awarding grants ing into consideration, where applicable, the ‘‘(c) GRANTS AUTHORIZED.— under this section, the Director shall— effect of mathematics, science, and engineer- ‘‘(1) IN GENERAL.—From the amounts au- ‘‘(1) ensure a wide, equitable distribution ing education programs of the Department thorized under subsection (i), the Secretary, among States that propose to serve students on student academic achievement in math acting through the Director, shall award from urban and rural areas; and and science. grants, on a competitive basis, to States in ‘‘(2) provide equal consideration to States order to provide assistance to the States for ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— without National Laboratories. There are authorized to be appropriated such the costs of establishing or expanding public, ‘‘(g) USES OF FUNDS.— sums as are necessary to carry out this sub- statewide specialty schools for mathematics ‘‘(1) IN GENERAL.—A State that receives a section.’’; and and science. grant under this section shall use the funds (3) by striking subsection (d) (as redesig- ‘‘(2) RESOURCES.—The Director shall ensure made available through the grant to— nated by paragraph (1)) and inserting the fol- that appropriate resources of the Depart- ‘‘(A) employ proven strategies and methods lowing: ment, including the National Laboratories, for improving student learning and teaching ‘‘(d) MATHEMATICS, SCIENCE, AND ENGINEER- are available to schools funded under this in mathematics and science; ING EDUCATION FUND.—The Secretary shall section in order to— ‘‘(B) integrate into the curriculum of the establish a Mathematics, Science, and Engi- ‘‘(A) increase experiential, hands-on learn- school comprehensive mathematics and neering Education Fund, using not less than ing opportunities in mathematics and science education, including instruction and 0.3 percent of the amount made available to science for students attending such schools; assessments that are aligned with the the Department for research, development, and State’s academic content and student aca- demonstration, and commercial application ‘‘(B) provide ongoing professional develop- demic achievement standards (within the for each fiscal year, to carry out sections ment opportunities for teachers employed at meaning of section 1111 of the Elementary 3165, 3166, and 3167.’’. such schools. and Secondary Education Act of 1965 (20 (b) CONSULTATION.—The Secretary shall— ‘‘(3) ASSISTANCE.—Consistent with sections U.S.C. 6311)), classroom management, profes- (1) consult with the Secretary of Education 3165 and 3166, the Director shall make avail- sional development, parental involvement, regarding activities authorized under sub- able necessary funds for a program using sci- and school management; and part B of the Department of Energy Science entific and engineering staff of the National ‘‘(C) provide high-quality and continuous Education Enhancement Act (as added by Laboratories, during which the staff— teacher and staff professional development. subsection (d)(3)) to improve mathematics ‘‘(A) assists teachers in teaching courses at ‘‘(2) SPECIAL RULE.—Grant funds under this and science education; and the schools funded under this section; section may be used for activities described

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in paragraph (1) only if the activities are di- ‘‘(1) IN GENERAL.—The Secretary, acting ‘‘(1) assists teachers in teaching courses at rectly related to improving student aca- through the Director, in cooperation with the Centers of Excellence in Mathematics demic achievement in mathematics and Hispanic-serving institutions, historically and Science; and science. Black colleges and universities, tribally con- ‘‘(2) uses National Laboratory scientific ‘‘(h) EVALUATION AND REPORT.— trolled colleges and universities, Alaska equipment in the teaching of the courses. ‘‘(1) STATE EVALUATION AND REPORT.— Native- and Native Hawaiian-serving institu- ‘‘(g) SPECIAL RULE.—Each Center of Excel- ‘‘(A) EVALUATION.—Each State that re- tions, and other minority-serving institu- lence shall ensure— ceives a grant under this section shall de- tions and nonprofit entities with substantial ‘‘(1) provision of clinical practicum, stu- velop and carry out an evaluation and ac- experience relating to outreach and experi- dent teaching, or internship experiences for countability plan for the activities funded ential-based learning projects, shall estab- math and science teacher candidates as part through the grant that measures the impact lish outreach and experiential-based learning of its teacher preparation program; of the activities, including measurable objec- programs that will encourage underrep- ‘‘(2) provision of supervision and mentoring tives for improved student academic achieve- resented minority students in kindergarten for teacher candidates in the teacher prepa- ment on State mathematics and science as- through grade 12 to pursue careers in math, ration program; and sessments. science, and engineering. ‘‘(3) to the maximum extent practicable, ‘‘(B) REPORT.—The State shall submit to ‘‘(2) COMMUNITY INVOLVEMENT.—The Sec- provision of professional development for the Director a report containing the results retary shall ensure that the programs estab- veteran teachers in the public secondary of the evaluation and accountability plan. lished under paragraph (1) involve, to the schools in the region. ‘‘(2) REPORT TO CONGRESS.—Not later than 2 maximum extent practicable— ‘‘(h) EVALUATION.—The Secretary shall years after the date of enactment of the ‘‘(A) participation by parents and edu- consider the results of performance assess- PACE–Energy Act, the Director shall submit cators; and ments required under subsection (e) in deter- a report to the appropriate committees of ‘‘(B) the establishment of partnerships mining the contract award fee of a National Congress detailing the impact of the activi- with business organizations and appropriate Laboratory management and operations con- ties assisted with funds made available under Federal, State, and local agencies. tractor. this section. ‘‘(3) DISTRIBUTION.—The Secretary shall en- ‘‘(i) PLAN.—The Director shall— ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— sure that the programs established under ‘‘(1) develop an evaluation and account- There are authorized to be appropriated to paragraph (1) are located in diverse geo- ability plan for the activities funded under carry out this section— graphic regions of the United States, to the this chapter that objectively measures the ‘‘(1) $20,000,000 for fiscal year 2008; impact of the activities; and ‘‘(2) $30,000,000 for fiscal year 2009; maximum extent practicable. ‘‘(e) EVALUATION AND ACCOUNTABILITY ‘‘(2) disseminate information obtained ‘‘(3) $40,000,000 for fiscal year 2010; and PLAN.—The Director shall develop an evalua- from those measurements. ‘‘(4) $50,000,000 for fiscal year 2011. tion and accountability plan for the activi- ‘‘(j) NO EFFECT ON SIMILAR PROGRAMS.— ‘‘CHAPTER 2—EXPERIENTIAL-BASED ties funded under this chapter that objec- Nothing in this section displaces or other- LEARNING OPPORTUNITIES tively measures the impact of the activities. wise affects any similar program being car- ‘‘SEC. 3175. EXPERIENTIAL-BASED LEARNING OP- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ried out as of the date of enactment of this PORTUNITIES. There is authorized to be appropriated to subpart at any National Laboratory under ‘‘(a) INTERNSHIPS AUTHORIZED.— carry out this section $15,000,000 for each of any other provision of law. ‘‘(1) IN GENERAL.—From the amounts au- fiscal years 2008 through 2011. ‘‘CHAPTER 4—SUMMER INSTITUTES thorized under subsection (f), the Secretary, ‘‘CHAPTER 3—NATIONAL LABORATORIES ‘‘SEC. 3185. SUMMER INSTITUTES. acting through the Director, shall establish CENTERS OF EXCELLENCE IN MATHE- ‘‘(a) DEFINITIONS.—In this section: a summer internship program for middle MATICS AND SCIENCE EDUCATION school and secondary school students that ‘‘(1) ELIGIBLE PARTNER.—The term ‘eligible ‘‘SEC. 3181. NATIONAL LABORATORIES CENTERS shall— partner’ means— OF EXCELLENCE IN MATHEMATICS ‘‘(A) the mathematics or science (including ‘‘(A) provide the students with internships AND SCIENCE EDUCATION. engineering) department at an institution of at the National Laboratories; and ‘‘(a) DEFINITION OF HIGH-NEED PUBLIC SEC- higher education, acting in coordination ‘‘(B) promote experiential, hands-on learn- ONDARY SCHOOL.—In this chapter, the term with a department at an institution of high- ing in mathematics or science. ‘high-need public secondary school’ means a er education that provides training for ‘‘(2) RESIDENTIAL SERVICES.—The Director secondary school— teachers and principals; or may provide residential services to students ‘‘(1) with a high concentration of low-in- ‘‘(B) a nonprofit entity with expertise in participating in the Internship authorized come individuals (as defined in section 1707 providing professional development for under this chapter. of the Elementary and Secondary Education mathematics or science teachers. ‘‘(b) SELECTION CRITERIA.— Act of 1965 (20 U.S.C. 6537)); or ‘‘(2) SUMMER INSTITUTE.—The term ‘sum- ‘‘(1) IN GENERAL.—The Director shall estab- ‘‘(2) designated with a school locale code of mer institute’ means an institute, conducted lish criteria to determine the sufficient level 6, 7, or 8, as determined by the Secretary of during the summer, that— of academic preparedness necessary for a Education. student to be eligible for an internship under ‘‘(b) ESTABLISHMENT.—The Secretary shall ‘‘(A) is conducted for a period of not less this section. establish at each of the National Labora- than 2 weeks; ‘‘(2) PARTICIPATION.—The Director shall en- tories a program to support a Center of Ex- ‘‘(B) includes, as a component, a program sure the participation of students from a cellence in Mathematics and Science at 1 that provides direct interaction between stu- wide distribution of States, including States high-need public secondary school located in dents and faculty, including personnel of 1 or without National Laboratories. the region of the National Laboratory to more National Laboratories who have sci- ‘‘(c) PRIORITY.— provide assistance in accordance with sub- entific expertise; and ‘‘(1) IN GENERAL.—The Director shall give section (f). ‘‘(C) provides for follow-up training, during priority for an internship under this section ‘‘(c) PARTNERSHIP.—Each high-need public the academic year, that is conducted in the to a student who meets the eligibility cri- secondary school selected as a Center of Ex- classroom. teria described in subsection (b) and who at- cellence shall form a partnership with a de- ‘‘(b) SUMMER INSTITUTE PROGRAMS AUTHOR- tends a school— partment that provides training for teachers IZED.— ‘‘(A)(i) in which not less than 30 percent of and principals at an institution of higher ‘‘(1) PROGRAMS AT THE NATIONAL LABORA- the children enrolled in the school are from education for purposes of compliance with TORIES.—The Secretary, acting through the low-income families; or subsection (g). Director, shall establish or expand programs ‘‘(ii) that is designated with a school locale ‘‘(d) SELECTION.— of summer institutes at each of the National code of 6, 7, or 8, as determined by the Sec- ‘‘(1) IN GENERAL.—The Secretary, acting Laboratories to provide additional training retary of Education; and through the Director, shall establish criteria to strengthen the mathematics and science ‘‘(B) for which there is— to guide the National Laboratories in select- teaching skills of teachers employed at pub- ‘‘(i) a high percentage of teachers who are ing the sites of the Centers of Excellence. lic schools for kindergarten through grade not teaching in the academic subject areas ‘‘(2) PROCESS.—The National Laboratories 12, in accordance with the activities author- or grade levels in which the teachers were shall select the sites of the Centers of Excel- ized under subsections (c) and (d). trained to teach; lence through an open, widely publicized, ‘‘(2) PROGRAMS WITH ELIGIBLE PARTNERS.— ‘‘(ii) a high teacher turnover rate; or and competitive process. ‘‘(A) IN GENERAL.—The Secretary, acting ‘‘(iii) a high percentage of teachers with ‘‘(e) GOALS.—The Secretary shall establish through the Director, shall identify and pro- emergency, provisional, or temporary cer- goals and performance assessments for each vide assistance to eligible partners to estab- tification or licenses. Center of Excellence authorized under sub- lish or expand programs of summer insti- ‘‘(2) COORDINATION.—The Director shall section (b). tutes that provide additional training to consult with the Secretary of Education in ‘‘(f) ASSISTANCE.—Consistent with sections strengthen the mathematics and science order to determine whether a student meets 3165 and 3166, the Director shall make avail- teaching skills of teachers employed at pub- the priority requirements of this subsection. able necessary funds for a program using sci- lic schools for kindergarten through grade ‘‘(d) OUTREACH AND EXPERIENTIAL-BASED entific and engineering staff of the National 12, in accordance with the activities author- PROGRAMS FOR MINORITY STUDENTS.— Laboratories, during which the staff— ized under subsections (c) and (d).

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‘‘(B) ASSISTANCE.—Consistent with sections ‘‘(3) REPORT TO CONGRESS.—The Secretary competitive grants for each fiscal year to in- 3165 and 3166, the Director shall make avail- shall submit to Congress with the annual stitutions of higher education with existing able necessary funds for a program using sci- budget submission of the Secretary a report academic degree programs that produce entific and engineering staff of the National on how the activities assisted under this sec- graduates in nuclear science. Laboratories, during which the staff— tion improve the mathematics and science ‘‘(2) CRITERIA.—Criteria for a grant award- ‘‘(i) assists in providing training to teach- teaching skills of participating teachers. ed under this subsection shall be based on ers at summer institutes; and ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— the potential for increasing the number and ‘‘(ii) uses National Laboratory scientific There are authorized to be appropriated to academic quality of graduates in the nuclear equipment in the training. carry out this section— sciences who enter into careers in nuclear- ‘‘(C) LIMITATION OF AMOUNT.—To carry out ‘‘(1) $25,000,000 for fiscal year 2008; related fields. this paragraph, the Director may use not ‘‘(2) $40,000,000 for fiscal year 2009; ‘‘(3) DURATION AND AMOUNT.— more than 50 percent of the amounts author- ‘‘(3) $50,000,000 for fiscal year 2010; and ‘‘(A) DURATION.—A grant under this sub- ized under subsection (h) for a fiscal year. ‘‘(4) $75,000,000 for fiscal year 2011. section shall be 5 years in duration. ‘‘(c) REQUIRED ACTIVITIES.—Each program ‘‘CHAPTER 5—NUCLEAR SCIENCE ‘‘(B) AMOUNT.—An institution of higher authorized under subsection (b) shall— EDUCATION education that receives a grant under this ‘‘(1) create opportunities for enhanced and subsection shall be eligible for up to $500,000 ‘‘SEC. 3191. NUCLEAR SCIENCE TALENT EXPAN- ongoing professional development for teach- SION PROGRAM FOR INSTITUTIONS for each year of the grant period. ers that improves the mathematics and OF HIGHER EDUCATION. ‘‘(4) USE OF FUNDS.—An institution of high- science content knowledge of such teachers; ‘‘(a) PURPOSES.—The purposes of this sec- er education that receives a grant under this ‘‘(2) include material pertaining to recent tion are— subsection may use the grant to— developments in mathematics and science ‘‘(1) to address the decline in the number of ‘‘(A) increase the number of graduates in pedagogy; and resources available to nuclear science nuclear science that enter into careers in the ‘‘(3) provide training on the use and inte- programs of institutions of higher education; nuclear science field; gration of technology in the classroom; and ‘‘(B) enhance the teaching of advanced nu- ‘‘(4) directly relate to the curriculum and ‘‘(2) to increase the number of graduates clear technologies; academic areas in which the teachers pro- with degrees in nuclear science, an area of ‘‘(C) aggressively pursue collaboration op- vide instruction; strategic importance to the economic com- portunities with industry and National Lab- ‘‘(5) enhance the ability of the teachers to petitiveness and energy security of the oratories; understand and use the challenging State United States. ‘‘(D) bolster or sustain nuclear infrastruc- academic content standards for mathematics ‘‘(b) DEFINITION OF NUCLEAR SCIENCE.—In ture and research facilities of the institution and science and to select appropriate cur- this section, the term ‘nuclear science’ in- of higher education, such as research and ricula; cludes— training reactors or laboratories; and ‘‘(6) train teachers to use curricula that ‘‘(1) nuclear science; ‘‘(E) provide tuition assistance and sti- are— ‘‘(2) nuclear engineering; pends to undergraduate and graduate stu- ‘‘(A) based on scientific research; ‘‘(3) nuclear chemistry; dents. ‘‘(B) aligned with challenging State aca- ‘‘(4) radio chemistry; and ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— demic content standards; and ‘‘(5) health physics. ‘‘(1) NUCLEAR SCIENCE PROGRAM EXPANSION ‘‘(C) object-centered, experiment-oriented, ‘‘(c) ESTABLISHMENT.—The Secretary, act- GRANTS FOR INSTITUTIONS OF HIGHER EDU- and concept- and content-based; ing through the Director, shall establish in CATION.—There are authorized to be appro- ‘‘(7) provide professional development ac- accordance with this section a program to priated to carry out subsection (d)— tivities, including supplemental and follow- expand and enhance institution of higher ‘‘(A) $9,000,000 for fiscal year 2008; up activities; and education nuclear science educational capa- ‘‘(B) $13,000,000 for fiscal year 2009; ‘‘(8) allow for the exchange of best prac- bilities. ‘‘(C) $18,000,000 for fiscal year 2010; and tices among the participants. ‘‘(d) NUCLEAR SCIENCE PROGRAM EXPANSION ‘‘(D) $22,500,000 for fiscal year 2011. ‘‘(d) PERMISSIBLE ACTIVITIES.—A program GRANTS FOR INSTITUTIONS OF HIGHER EDU- ‘‘(2) NUCLEAR SCIENCE COMPETITIVENESS authorized under subsection (b) may in- CATION.— GRANTS FOR INSTITUTIONS OF HIGHER EDU- clude— ‘‘(1) IN GENERAL.—The Secretary, acting CATION.—There are authorized to be appro- ‘‘(1) a program that provides teachers with through the Director, shall award up to 3 priated to carry out subsection (e)— opportunities to work under the guidance of competitive grants for each fiscal year to in- ‘‘(A) $11,000,000 for fiscal year 2008; experienced teachers and college faculty; stitutions of higher education that establish ‘‘(B) $16,500,000 for fiscal year 2009; ‘‘(2) instruction in the use and integration new academic degree programs in nuclear ‘‘(C) $22,000,000 for fiscal year 2010; and of data and assessments to inform and in- science. ‘‘(D) $27,500,000 for fiscal year 2011.’’. struct classroom practice; and ‘‘(2) ELIGIBILITY.—To be eligible for a grant SEC. 2004. DEPARTMENT OF ENERGY EARLY-CA- ‘‘(3) extended master teacher programs. under this subsection, an applicant shall REER RESEARCH GRANTS. ‘‘(e) PRIORITY.—To the maximum extent partner with a National Laboratory or other (a) PURPOSE.—It is the purpose of this sec- practicable, the Director shall ensure that eligible nuclear-related entity, as deter- tion to authorize research grants in the De- each summer institute program authorized mined by the Secretary. partment for early-career scientists and en- under subsection (b) provides training to— ‘‘(3) CRITERIA.—Criteria for a grant award- gineers for purposes of pursuing independent ‘‘(1) teachers from a wide range of school ed under this subsection shall be based on— research. districts; ‘‘(A) the potential to attract new students ‘‘(2) teachers from disadvantaged school to the program; (b) DEFINITION OF ELIGIBLE EARLY-CAREER districts; and ‘‘(B) academic rigor; and RESEARCHER.—In this section, the term ‘‘eli- ‘‘(3) teachers from groups underrepresented ‘‘(C) the ability to offer hands-on learning gible early-career researcher’’ means an indi- in the fields of mathematics and science opportunities. vidual who— teaching, including women and members of ‘‘(4) DURATION AND AMOUNT.— (1) completed a doctorate or other ter- minority groups. ‘‘(A) DURATION.—A grant under this sub- minal degree not more than 10 years before ‘‘(f) COORDINATION AND CONSULTATION.—The section shall be 5 years in duration. the date of application for a grant authorized Director shall consult and coordinate with ‘‘(B) AMOUNT.—An institution of higher under this section, except as provided in sub- the Secretary of Education and the Director education that receives a grant under this section (c)(3); and of the National Science Foundation regard- subsection shall be eligible for up to (2) has demonstrated promise in the field of ing the implementation of the programs au- $1,000,000 for each year of the grant period. science, technology, engineering, mathe- thorized under subsection (b). ‘‘(5) USE OF FUNDS.—An institution of high- matics, computer science, or computational ‘‘(g) EVALUATION AND ACCOUNTABILITY er education that receives a grant under this science. PLAN.— subsection may use the grant to— (c) GRANT PROGRAM AUTHORIZED.— ‘‘(1) IN GENERAL.—The Director shall de- ‘‘(A) recruit and retain new faculty; (1) IN GENERAL.—The Secretary shall award velop an evaluation and accountability plan ‘‘(B) develop core and specialized course not less than 65 grants per year to out- for the activities funded under this section content; standing eligible early-career researchers to that measures the impact of the activities. ‘‘(C) encourage collaboration between fac- support the work of such researchers in the ‘‘(2) CONTENTS.—The evaluation and ac- ulty and researchers in the nuclear science Department, particularly at the National countability plan shall include— field; or Laboratories, or other federally-funded re- ‘‘(A) measurable objectives to increase the ‘‘(D) support outreach efforts to recruit search and development centers. number of mathematics and science teachers students. (2) APPLICATION.—An eligible early-career who participate in the summer institutes in- ‘‘(e) NUCLEAR SCIENCE COMPETITIVENESS researcher who desires to receive a grant volved; and GRANTS FOR INSTITUTIONS OF HIGHER EDU- under this section shall submit to the Sec- ‘‘(B) measurable objectives for improved CATION.— retary an application at such time, in such student academic achievement on State ‘‘(1) IN GENERAL.—The Secretary, acting manner, and accompanied by such informa- mathematics and science assessments. through the Director shall award up to 10 tion as the Secretary may require.

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(3) WAIVER.—The Secretary may find eligi- (1) APPOINTMENT.—The Secretary shall, technologies determined by the Secretary to ble a candidate who has completed a doc- consistent with the Federal Advisory Com- be essential to global competitiveness, in- torate more than 10 years prior to the date of mittee Act (5 U.S.C. App.), establish, and ap- cluding activities related to— application if the candidate was unable to point members to, an Advisory Board to (1) sustainable energy technologies; conduct research for a period of time because make recommendations to the Secretary and (2) multi-scale materials and processes; of extenuating circumstances, including the Director on actions necessary to carry (3) micro- and nano-engineering; military service or family responsibilities. out this section. (4) computational and information engi- (4) DURATION AND AMOUNT.— (2) QUALIFICATIONS.—The Advisory Board neering; and (A) DURATION.—A grant under this section shall consist of individuals who, by reason of (5) genomics and proteomics. shall be 5 years in duration. professional background and experience, are (c) PARTNERSHIPS.—In carrying out this (B) AMOUNT.—An eligible early career-re- especially qualified to advise the Secretary section, the Secretary shall establish part- searcher who receives a grant under this sec- and the Director on matters pertaining to nerships between the Institutes and— tion shall receive up to $100,000 for each year long-term and high-risk technological bar- (1) institutions of higher education to— of the grant period. riers in the development of energy tech- (A) train undergraduate and graduate engi- (5) USE OF FUNDS.—An eligible early career- nologies. neering and science students; researcher who receives a grant under this (3) TERM.—A member of the Advisory (B) develop innovative educational cur- section shall use the grant funds for basic re- Board shall be appointed for a term of 5 ricula; and search in natural sciences, engineering, years. (C) conduct research within the topical mathematics, or computer sciences at the (4) INFORMATION.—Each fiscal year, individ- areas described in subsection (b); Department, particularly the National Lab- uals who carry out energy technology pro- (2) private industry to develop innovative oratories, or other federally-funded research grams of the Department and staff of the Au- technologies within the topical areas de- and development center. thority shall provide to the Advisory Board scribed in subsection (b); (3) State and local governments to promote (6) AUTHORIZATION OF APPROPRIATIONS.— written proposals and oral briefings on long- There are authorized to be appropriated to term and high-risk technological barriers regionally-based commercialization and en- carry out this section— that are critical to overcome for the success- trepreneurship; and (4) financing entities to guide successful (A) $13,000,000 for fiscal year 2008; ful development of energy technologies. technology commercialization. (B) $19,500,000 for fiscal year 2009; (5) DUTIES.—Each fiscal year, the Advisory (d) MERIT-BASED SELECTION.—The selection (C) $26,000,000 for fiscal year 2010; and Board shall— of Institutes under this section shall be (D) $32,500,000 for fiscal year 2011. (A) recommend to the Secretary and the merit-based and made through an open, com- SEC. 2005. ADVANCED RESEARCH PROJECTS AU- Director— petitive selection process. THORITY-ENERGY. (i) in order of priority, proposals of energy (e) RESTRICTION.—Not more than 3 Insti- (a) DEFINITIONS.—In this section: programs of the Department that are critical tutes shall receive grants for a fiscal year. (1) ADVISORY BOARD.—The term ‘‘Advisory to overcoming long-term and high-risk tech- (f) REVIEW.—The Secretary shall enter into Board’’ means the Advisory Board estab- nological barriers to enable the successful an agreement with the National Academy of lished under subsection (d). development of energy technologies; and Sciences under which the Academy shall, not (2) AUTHORITY.—The term ‘‘Authority’’ (ii) additional programs not covered in the later than 3 and 6 years after the date of en- means the Advanced Research Projects Au- proposals that are critical to overcoming the actment of this Act— thority—Energy established under sub- barriers described in clause (i); and (1) review the performance of the Insti- section (b). (B) based on the metrics described in sub- tutes under this section; and (3) DIRECTOR.—The term ‘‘Director’’ means section (c)(3)(C), make recommendations to (2) submit to Congress and the Secretary a the Director of the Authority appointed the Secretary and the Directory concerning report describing the results of the review. under subsection (c)(1). whether programs funded under this section (g) AUTHORIZATION OF APPROPRIATIONS.— (4) ENERGY TECHNOLOGY.—The term ‘‘en- are achieving the goals of the programs. There is authorized to be appropriated to ergy technology’’ means technology, includ- (e) REVIEW.—Not later than 1 year after carry out the activities of each Institute se- ing carbon-neutral technology, used for— the date of enactment of this Act, the Sec- lected under this section $10,000,000 for each (A) fossil energy; retary shall enter into an agreement with of fiscal years 2008 through 2011. (B) carbon sequestration; the National Academy of Sciences under SEC. 2008. PROTECTING AMERICA’S COMPETI- (C) nuclear energy; which the Academy shall— TIVE EDGE (PACE) GRADUATE FEL- LOWSHIP PROGRAM. (D) renewable energy; (1) conduct reviews during each of calendar (a) DEFINITION OF ELIGIBLE STUDENT.—In (E) energy distribution; or years 2010 and 2012 to determine the success this section, the term ‘‘eligible student’’ (F) energy efficiency technology. of the activities carried out under this section; and means a student who attends an institution (b) ESTABLISHMENT.—The Secretary shall of higher education that offers a doctoral de- establish an Advanced Research Projects Au- (2) submit to Congress, the Secretary, and the Director a report describing the results gree in a field relevant to a mission area of thority-Energy to overcome the long-term the Department. and high-risk technological barriers in the of each review. (f) AUTHORIZATION OF APPROPRIATIONS.— (b) ESTABLISHMENT.—The Secretary shall development of energy technologies. There are authorized to be appropriated such establish a graduate fellowship program for (c) DIRECTOR.— sums as are necessary to carry out this sec- eligible students pursuing a doctoral degree (1) APPOINTMENT.—The Secretary shall ap- tion for each of fiscal years 2008 through 2011. in a mission area of the Department. point a Director of the Authority. (c) SELECTION.— SEC. 2006. AUTHORIZATION OF APPROPRIATIONS (2) QUALIFICATIONS.—The Director shall be (1) IN GENERAL.—The Secretary shall award FOR THE DEPARTMENT OF ENERGY an individual who, by reason of professional FOR BASIC RESEARCH. fellowships to eligible students under this background and experience, is especially Section 971(b) of the Energy Policy Act of section through a competitive merit review qualified to advise the Secretary on matters 2005 (42 U.S.C. 16311(b)) is amended— process (involving written and oral inter- pertaining to long-term, high-risk programs (1) in paragraph (2), by striking ‘‘and’’ at views) that will result in a wide distribution to overcome long-term and high-risk techno- the end; of awards throughout the United States. logical barriers to the development of energy (2) in paragraph (3)— (2) CRITERIA.—The Secretary shall estab- technologies. (A) by striking ‘‘$5,200,000,000’’ and insert- lish selection criteria for awarding fellow- (3) DUTIES.—The Director shall— ing ‘‘$4,800,000,000’’; and ships under this section that require an eligi- (A) employ such qualified technical staff as (B) by striking the period at the end and ble student to— are necessary to carry out the duties of the inserting a semicolon; and (A) pursue a field of science or engineering Authority, including providing staff for the (3) by adding at the end the following: of importance to the mission area of the De- Advisory Committee; ‘‘(4) $4,945,000,000 for fiscal year 2010; and partment; (B) serve as the selection official for pro- ‘‘(5) $5,265,000,000 for fiscal year 2011.’’. (B) rank in the upper 10 percent of the posals relating to energy technologies that SEC. 2007. DISCOVERY SCIENCE AND ENGINEER- class of the eligible student; are solicited within the Department; ING INNOVATION INSTITUTES. (C) demonstrate to the Secretary— (C) develop metrics to assist in developing (a) IN GENERAL.—The Secretary shall es- (i) the capacity to understand technical funding criteria and for assessing the success tablish distributed, multidisciplinary insti- topics related to the fellowship that can be of existing programs; tutes (referred to in this section as ‘‘Insti- derived from the first principles of the tech- (D) terminate programs carried out under tutes’’) centered at National Laboratories to nical topics; this section that are not achieving the goals apply fundamental science and engineering (ii) imagination and creativity; of the programs; and discoveries to technological innovations re- (iii) leadership skills in organizations or (E) perform such duties relating to long- lated to the missions of the Department and intellectual endeavors, demonstrated term and high-risk technological barriers in the global competitiveness of the United through awards and past experience; and the development of energy technologies as States. (iv) excellent verbal and communication are determined to be appropriate by the Sec- (b) TOPICAL AREAS.—The Institutes shall skills to explain, defend, and demonstrate an retary. support scientific and engineering research understanding of technical subjects related (d) ADVISORY BOARD.— and education activities on critical emerging to the fellowship; and

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.030 S05MRPT1 ccoleman on PROD1PC60 with SENATE March 5, 2007 CONGRESSIONAL RECORD — SENATE S2613 (D) be a citizen or legal permanent resident vey shall establish a grant program to en- taking additional, well-coordinated steps to of the United States. courage the conduct of high-risk, high-re- ensure that all students are able to obtain (d) AWARDS.— ward research at the United States Geologi- the knowledge the students need to obtain (1) AMOUNT.—A fellowship awarded under cal Survey. postsecondary education and participate suc- this section shall— SEC. 2011. DISTINGUISHED SCIENTIST PROGRAM. cessfully in the workforce or the Armed (A) provide an annual living stipend; and (a) PURPOSE.—The purpose of this section Forces. (B) cover— is to promote scientific and academic excel- (3) The next steps must be informed by (i) graduate tuition at an institution of lence through collaborations between insti- independent information on the effectiveness higher education; and tutions of higher education and the National of current programs in science, technology, (ii) incidental expenses associated with Laboratories. engineering, and mathematics education, curricula and research at the institution of (b) ESTABLISHMENT.—The Secretary shall and by identification of best practices that higher education (including books, com- establish a program to support the joint ap- can be replicated. puters and software). pointment of distinguished scientists by in- (4) Teacher preparation and elementary (2) DURATION.—A fellowship awarded under stitutions of higher education and National school and secondary school programs and this section shall be for a period of not great- Laboratories. activities must be aligned with the require- er than 5 years. (c) QUALIFICATIONS.—Successful candidates ments of the Elementary and Secondary (3) PORTABILITY.—A fellowship awarded under this section shall be persons who, by Education Act of 1965 (20 U.S.C. 6301 et seq.) under this section shall be portable with the reason of professional background and expe- and the requirements of the Higher Edu- fellow. rience, are able to bring international rec- cation Act of 1965 (20 U.S.C. 1001 et seq.). (e) ADMINISTRATION.—The Secretary (act- ognition to the appointing institution of (5) The ever increasing knowledge and skill ing through the Director of Mathematics, higher education and National Laboratory in demands of the 21st century require that sec- Science, and Engineering Education)— their field of scientific endeavor. ondary school preparation and requirements (1) shall administer the program estab- (d) SELECTION.—A distinguished scientist be better aligned with the knowledge and lished under this section; and, appointed under this section shall be se- skills needed to succeed in postsecondary (2) may enter into a contract with a non- lected through an open, competitive process. education and the workforce, and States profit entity to administer the program, in- (e) APPOINTMENT.— need better data systems to track edu- cluding the selection and award of fellow- (1) INSTITUTION OF HIGHER EDUCATION.—An cational achievement from prekindergarten ships. appointment by an institution of higher edu- through baccalaureate degrees. (f) AUTHORIZATION OF APPROPRIATIONS.— cation under this section shall be filled with- SEC. 3002. DEFINITIONS. (1) FELLOWSHIPS.—There are authorized to in the tenure allotment of the institution of (a) ESEA DEFINITIONS.—Unless otherwise be appropriated to award fellowships under higher education at a minimum rank of pro- specified in this division, the terms used in this section— fessor. this division have the meanings given the (A) $9,300,000 for 200 fellowships for fiscal (2) NATIONAL LABORATORY.—An appoint- terms in section 9101 of the Elementary and year 2008; ment by a National Laboratory under this Secondary Education Act of 1965 (20 U.S.C. (B) $14,500,000 for 300 fellowships for fiscal section shall be at the rank of the highest 7801). year 2009 (including non-expiring fellowships grade of distinguished scientist or technical (b) OTHER DEFINITIONS.—In this division: for prior fiscal years); staff of the National Laboratory. (1) CRITICAL FOREIGN LANGUAGE.—The term (C) $25,000,000 for 500 fellowships for fiscal (f) DURATION.—An appointment under this ‘‘critical foreign language’’ means a foreign year 2010 (including non-expiring fellowships section shall be for 6 years, consisting of 2 3- language that the Secretary determines, in for prior fiscal years); and year funding allotments. consultation with the heads of such Federal (D) $35,500,000 for 700 fellowships for fiscal (g) USE OF FUNDS.—Funds made available departments and agencies as the Secretary year 2011 (including non-expiring fellowships under this section may be used for— determines appropriate, is critical to the na- for prior fiscal years). (1) the salary of the distinguished scientist tional security and economic competitive- (2) ADMINISTRATION.—There are authorized and support staff; ness of the United States. to be appropriated for administrative ex- (2) undergraduate, graduate, and post-doc- (2) SECRETARY.—The term ‘‘Secretary’’ penses incurred in carrying out this sec- toral appointments; means the Secretary of Education. tion— (3) research-related equipment; TITLE I—TEACHER ASSISTANCE (A) $1,000,000 for fiscal year 2008; (4) professional travel; and Subtitle A—Teachers for a Competitive (B) $1,500,000 for fiscal year 2009; (5) such other requirements as the Director Tomorrow (C) $2,500,000 for fiscal year 2010; and determines are necessary to carry out the (D) $3,500,000 for fiscal year 2011. SEC. 3111. PURPOSE. purpose of the program. The purpose of this subtitle is— SEC. 2009. TITLE IX COMPLIANCE. (h) REVIEW.— (1) to develop and implement programs to (a) IN GENERAL.—Not later than 180 days (1) IN GENERAL.—The appointment of a dis- provide integrated courses of study in math- after the date of enactment of this Act, the tinguished scientist under this section shall ematics, science, engineering, or critical for- Secretary of Energy shall submit to the be reviewed at the end of the first 3-year al- eign languages, and teacher education, that Committee on Energy and Commerce of the lotment for the distinguished scientist House of Representatives and the Committee lead to a baccalaureate degree with concur- through an open peer-review process to de- rent teacher certification; and on Energy and Natural Resources of the Sen- termine whether the appointment is meeting ate a report that describes actions taken by (2) to develop and implement 2- or 3-year the purpose of this section under subsection part-time master’s degree programs in math- the Department of Energy to implement the (a). recommendations in the report of the Gov- ematics, science, or critical foreign language (2) FUNDING.—Funding of the appointment education for teachers in order to enhance ernment Accountability Office numbered 04– of the distinguished scientist for the second 639. the teachers’ content knowledge and peda- 3-year allotment shall be determined based gogical skills. (b) COMPLIANCE.—To comply with title IX on the review conducted under paragraph (1). of the Education Amendments of 1972 (20 SEC. 3112. DEFINITIONS. (i) COST SHARING.—To be eligible for assist- In this subtitle: U.S.C. 1681 et seq.), the Secretary of Energy ance under this section, an appointing insti- (1) CHILDREN FROM LOW-INCOME FAMILIES.— shall annually conduct compliance reviews tution of higher education shall pay at least The term ‘‘children from low-income fami- of at least 2 recipients of Department of En- 50 percent of the total costs of the appoint- ergy grants. lies’’ means children described in section ment. 1124(c)(1)(A) of the Elementary and Sec- SEC. 2010. HIGH-RISK, HIGH-REWARD RESEARCH. (j) AUTHORIZATION OF APPROPRIATIONS.— ondary Education Act of 1965 (20 U.S.C. (a) DEFINITION OF HIGH-RISK, HIGH-REWARD There are authorized to be appropriated to 6333(c)(1)(A)). RESEARCH.—In this section, the term ‘‘high- carry out this section— (2) ELIGIBLE RECIPIENT.—The term ‘‘eligible risk, high reward research’’ means research (1) $30,000,000 for fiscal year 2008 (to support recipient’’ means an institution of higher that— up to 30 appointments under this section); education that receives grant funds under (1) has the potential for yielding results (2) $60,000,000 for fiscal year 2009 (to support this subtitle on behalf of a department of with far-ranging implications; up to 60 such appointments); and mathematics, engineering, science, or crit- (2) is too novel or spans too diverse a range (3) $100,000,000 for each of fiscal years 2010 ical foreign language for use in carrying out of disciplines to fare well in the traditional and 2011 (to support up to 100 such appoint- activities assisted under this subtitle. peer review process; and ments). (3) is supportive of the missions of the (3) HIGH-NEED LOCAL EDUCATIONAL AGEN- sponsoring agency. DIVISION C—EDUCATION CY.—The term ‘‘high-need local educational (b) ESTABLISHMENT OF GRANT PROGRAMS.— SEC. 3001. FINDINGS. agency’’ means a local educational agency or (1) ENERGY GRANT PROGRAM.—The Sec- Congress makes the following findings: educational service agency— retary shall establish a grant program to en- (1) A well-educated population is essential (A)(i) that serves not fewer than 10,000 chil- courage the conduct of high-risk, high-re- to retaining America’s competitiveness in dren from low-income families; ward research at the Department. the global economy. (ii) for which not less than 20 percent of (2) GEOLOGICAL GRANT PROGRAM.—The Di- (2) The United States needs to build on and the children served by the agency are chil- rector of the United States Geological Sur- expand the impact of existing programs by dren from low-income families; or

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Each application shall— ing the percentage of such teachers teaching that are served by the agency and all of (1) describe the program for which assist- in those schools determined by the partner- whose schools are designated with a school ance is sought; ship to be most in need; locale code of 6, 7, or 8, as determined by the (2) describe how a department of mathe- (ii) improving student academic achieve- Secretary; and matics, science, engineering, or a critical ment in mathematics and science; (B)(i) for which there is a high percentage foreign language participating in the part- (iii) increasing the number of students in of teachers providing instruction in aca- nership will ensure significant collaboration secondary schools enrolled in upper level demic subject areas or grade levels for which with a teacher preparation program in the mathematics and science courses; and the teachers are not highly qualified; or development of undergraduate degrees in (iv) increasing the numbers of elementary (ii) for which there is a high teacher turn- mathematics, science, engineering, or a crit- school, middle school, and secondary school over rate or a high percentage of teachers ical foreign language, with concurrent teach- students enrolled in and continuing in crit- with emergency, provisional, or temporary er certification, including providing student ical foreign language courses; certification or licensure. teaching and other clinical classroom experi- (H) collect data on the employment place- (4) HIGHLY QUALIFIED.—The term ‘‘highly ences; ment of all graduates of the program, includ- qualified’’ has the meaning given such term (3) describe the high-quality research, lab- ing information on how many graduates are in section 9101 of the Elementary and Sec- oratory, or internship experiences, inte- teaching and in what kinds of schools; ondary Education Act of 1965 (20 U.S.C. 7801) grated with coursework, that will be pro- (I) provide ongoing activities and services and, with respect to special education teach- vided under the program; to graduates of the program who teach ele- ers, in section 602 of the Individuals with (4) describe how members of groups that mentary school, middle school, or secondary Disabilities Education Act (20 U.S.C. 1401). are underrepresented in the teaching of school, by— (5) PARTNERSHIP.—The term ‘‘partnership’’ mathematics, science, or critical foreign lan- (i) keeping the graduates informed of the means a partnership that— guages will be encouraged to participate in latest developments in their respective aca- (A) shall include— the program; demic fields; and (i) an eligible recipient; (5) describe how program participants will (ii) supporting the graduates of the pro- (ii) a department within the eligible recipi- be encouraged to teach in schools deter- gram who are employed in schools in the ent that provides a program of study in mined by the partnership to be most in need, local educational agency participating in the mathematics, engineering, science, or crit- and what assistance in finding employment partnership during the initial years of teach- ical foreign languages; in such schools will be provided; ing through— (iii)(I) a school or department within the (6) describe the ongoing activities and (I) induction programs; eligible recipient that provides a teacher services that will be provided to graduates of (II) promotion of effective teaching skills; preparation program; or the program; and (II) a 2-year institution of higher education (7) describe how the activities of the part- (III) providing opportunities for regular that has a teacher preparation offering or a nership will be coordinated with any activi- professional development; and dual enrollment program with the eligible ties funded through other Federal grants, (J) develop recommendations to improve and how the partnership will continue the recipient; and the teacher preparation program partici- activities assisted under the program when (iv) not less than 1 high-need local edu- pating in the partnership. the grant period ends; (d) ANNUAL REPORT.—Each eligible recipi- cational agency and a public school or a con- (8) describe how the partnership will assess ent receiving a grant under this section shall sortium of public schools served by the agen- the content knowledge and teaching skills of collect and report to the Secretary annually cy; and the program participants; and such information as the Secretary may rea- (B) may include a nonprofit organization (9) provide any other information the Sec- sonably require, including— that has the capacity to provide expertise or retary may reasonably require. (1) the number of participants in the pro- support to meet the purposes of this subtitle. (c) AUTHORIZED ACTIVITIES.— gram; (6) TEACHING SKILLS.—The term ‘‘teaching (1) IN GENERAL.—Each eligible recipient re- (2) information on the academic majors of skills’’ means the ability to— ceiving a grant under this section shall use participating students; (A) increase student achievement; the grant funds to enable a partnership to (3) the race, gender, income, and disability (B) effectively convey and explain aca- develop and implement a program to provide status of program participants; demic subject matter; courses of study in mathematics, science, en- (4) the employment placement of program (C) employ strategies that— gineering, or a critical foreign language participants as teachers in schools deter- (i) are based on scientifically based re- that— mined by the partnership to be most in need; search; (A) are integrated with teacher education (5) the extent to which the program suc- (ii) are specific to academic subject mat- programs that promote effective teaching ceeded in meeting the objectives and bench- ter; and skills; and marks described in subsection (c)(2)(G); and (iii) focus on the identification of, and tai- (B) lead to a baccalaureate degree in math- (6) the data collected under subparagraphs loring of academic instruction to, students’ ematics, science, engineering, or a critical (G) and (H) of subsection (c)(2). specific learning needs, particularly children foreign language with concurrent teacher (e) TECHNICAL ASSISTANCE.—From the with disabilities, students who are limited certification. funds made available under section 3116(1), English proficient, and students who are (2) PROGRAM REQUIREMENTS.—The program the Secretary may provide technical assist- gifted and talented; shall— ance to an eligible recipient developing a (D) conduct ongoing assessment of student (A) provide high-quality research, labora- baccalaureate degree program with concur- learning; tory, or internship experiences for program rent teacher certification, including tech- (E) effectively manage a classroom; and participants; nical assistance provided through a grant or (F) communicate and work with parents (B) provide student teaching or other clin- contract awarded on a competitive basis to and guardians, and involve parents and ical classroom experiences that— an institution of higher education or a tech- guardians in their children’s education. (i) are integrated with coursework; and nical assistance center. SEC. 3113. PROGRAMS FOR BACCALAUREATE DE- (ii) lead to the participants’ ability to SEC. 3114. PROGRAMS FOR MASTER’S DEGREES GREES IN MATHEMATICS, SCIENCE, demonstrate effective teaching skills; IN MATHEMATICS, SCIENCE, OR ENGINEERING, OR CRITICAL FOR- (C) if implementing a program in which CRITICAL FOREIGN LANGUAGES EIGN LANGUAGES, WITH CONCUR- program participants are prepared to teach EDUCATION. RENT TEACHER CERTIFICATION. (a) PROGRAM AUTHORIZED.—From the mathematics or science courses, include (a) PROGRAM AUTHORIZED.—From the amounts made available to carry out this strategies for improving student literacy; amounts made available to carry out this section under section 3116(2) and not reserved (D) encourage the participation of individ- section under section 3116(1) and not reserved under section 3115(d) for a fiscal year, the under section 3115(d) for a fiscal year, the uals who are members of groups that are Secretary is authorized to award grants, on a Secretary is authorized to award grants, on a underrepresented in the teaching of mathe- competitive basis, to eligible recipients to competitive basis, to eligible recipients to matics, science or critical foreign languages; enable the partnerships served by the eligi- enable partnerships served by the eligible re- (E) encourage participants to teach in ble recipients to develop and implement 2- or cipients to develop and implement programs schools determined by the partnership to be 3-year part-time master’s degree programs in to provide courses of study in mathematics, most in need, and actively assist the partici- mathematics, science, or critical foreign lan- science, engineering, or critical foreign lan- pants in finding employment in such schools; guage education for teachers in order to en- guages that— (F) offer training in the use of and integra- hance the teacher’s content knowledge and (1) are integrated with teacher education; tion of educational technology; teaching skills. and (G) collect data regarding and evaluate, (b) APPLICATION.—Each eligible recipient (2) lead to a baccalaureate degree with con- using measurable objectives and bench- desiring a grant under this section shall sub- current teacher certification. marks, the extent to which the program suc- mit an application to the Secretary at such (b) APPLICATION.—Each eligible recipient ceeded in— time and in such manner as the Secretary desiring a grant under this section shall sub- (i) increasing the percentage of highly may require. Each application shall de- mit an application to the Secretary at such qualified mathematics, science, or critical scribe—

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.030 S05MRPT1 ccoleman on PROD1PC60 with SENATE March 5, 2007 CONGRESSIONAL RECORD — SENATE S2615 (1) how a department of mathematics, tablished by the State in which the program Subtitle B—Advanced Placement and science, or a critical foreign language will is conducted; International Baccalaureate Programs ensure significant collaboration with a (7) encourage the participation of— SEC. 3121. PURPOSE. teacher preparation program in the develop- (A) individuals who are members of groups It is the purpose of this subtitle— ment of master’s degree programs in mathe- that are underrepresented in the teaching of (1) to raise academic achievement through matics, science, or a critical foreign lan- mathematics, science, or critical foreign lan- Advanced Placement and International Bac- guage for teachers that enhance the teach- guages; and calaureate programs by increasing, by 70,000, ers’ content knowledge and teaching skills; (B) teachers teaching in schools deter- over a 4-year period beginning in 2008, the (2) the role of the local educational agency mined by the partnership to be most in need; number of teachers serving high-need schools in the partnership in developing and admin- (8) offer tuition assistance, based on need, who are qualified to teach Advanced Place- istering the program and how feedback from as appropriate; and ment or International Baccalaureate courses the local educational agency, school, and (9) evaluate and report on the impact of in mathematics, science, and critical foreign participants will be used to improve the pro- the program, in accordance with subsection languages; gram; (d). (2) to increase, to 700,000 per year, the num- (3) how the program will help increase the (d) EVALUATION AND REPORT.—Each eligible ber of students attending high-need schools percentage of highly qualified mathematics, recipient receiving a grant under this section who— science, or critical foreign language teach- shall evaluate, using measurable objectives (A) take and score a 3, 4, or 5 on an Ad- ers, including increasing the percentage of and benchmarks, and provide an annual re- vanced Placement examination in mathe- such teachers teaching in schools determined port to the Secretary regarding, the extent matics, science, or a critical foreign lan- by the partnership to be most in need; to which the program assisted under this guage administered by the College Board; or (4) how the program will— section succeeded in increasing the fol- (B) achieve a passing score on an examina- (A) improve student academic achievement lowing: tion administered by the International Bac- in mathematics and science and increase the (1) The number and percentage of mathe- calaureate Organization in such a subject; number of students taking upper-level matics, science, or critical foreign language (3) to increase the availability of, and en- courses in such subjects; or teachers who have a master’s degree and rollment in, Advanced Placement or Inter- (B) increase the numbers of elementary meet 1 or more of the following require- national Baccalaureate courses in mathe- school, middle school, and secondary school ments: matics, science, and critical foreign lan- students enrolled and continuing in critical (A) Are teaching in schools determined by guages, and pre-Advanced Placement or pre- foreign language courses; International Baccalaureate courses in such (5) how the program will prepare teachers the partnership to be most in need, and taught in such schools prior to participation subjects, in high-need schools; and to become more effective mathematics, (4) to support statewide efforts to increase science, or critical foreign language teach- in the program. (B) Are teaching in schools determined by the availability of, and enrollment in, Ad- ers; vanced Placement or International Bacca- (6) how the program will prepare teachers the partnership to be most in need, and did not teach in such schools prior to participa- laureate courses in mathematics, science, to assume leadership roles in their schools; and critical foreign languages, and pre-Ad- tion in the program. (7) how teachers who are members of vanced Placement or pre-International Bac- (C) Are members of a group underrep- groups that are underrepresented in the calaureate courses in such subjects, in high- resented in the teaching of mathematics, teaching of mathematics, science, or critical need schools. foreign languages and teachers from schools science, or a critical foreign language. (2) The retention of teachers who partici- SEC. 3122. DEFINITIONS. determined by the partnership to be most in In this subtitle: pate in the program. need will be encouraged to apply for and par- (1) ADVANCED PLACEMENT OR INTERNATIONAL ticipate in the program; SEC. 3115. GENERAL PROVISIONS. BACCALAUREATE COURSE.—The term ‘‘Ad- (8) the ongoing activities and services that (a) DURATION OF GRANTS.—The Secretary vanced Placement or International Bacca- will be provided to graduates of the program; shall award each grant under this subtitle laureate course’’ means a course of college- (9) how the partnership will continue the for a period of not more than 5 years. level instruction provided to middle or sec- activities assisted under the grant when the ondary school students, terminating in an (b) MATCHING REQUIREMENT.—Each eligible grant period ends; and examination administered by the College recipient that receives a grant under this (10) how the partnership will assess, during Board or the International Baccalaureate Or- section shall provide, from non-Federal the program, the content knowledge and ganization, or another such examination ap- sources, an amount equal to 50 percent of the teaching skills of teachers participating in proved by the Secretary. amount of the grant (which may be provided the program. (2) ELIGIBLE ENTITY.—The term ‘‘eligible in cash or in kind) to carry out the activities (c) AUTHORIZED ACTIVITIES.—Each eligible entity’’ means— supported by the grant. recipient receiving a grant under this section (A) a State educational agency; shall use the grant funds to develop and im- (c) SUPPLEMENT, NOT SUPPLANT.—Grant (B) a local educational agency; or plement a 2- or 3-year part-time master’s de- funds provided under this subtitle shall be (C) a partnership consisting of— gree program in mathematics, science, or used to supplement, and not supplant, other (i) a national, regional, or statewide non- critical foreign language education for Federal or State funds. profit organization, with expertise and expe- teachers in order to enhance the teachers’ (d) EVALUATION.—From amounts made rience in providing Advanced Placement or content knowledge and teaching skills. The available for any fiscal year under section International Baccalaureate services; and program shall— 3116, the Secretary shall reserve such sums (ii) a State educational agency or local (1) promote effective teaching skills so the as may be necessary— educational agency. teachers participating in the program be- (1) to provide for the conduct of an annual (3) LOW-INCOME STUDENT.—The term ‘‘low- come more effective mathematics, science, independent evaluation, by grant or by con- income student’’ has the meaning given the or critical foreign language teachers; tract, of the activities assisted under this term ‘‘low-income individual’’ in section (2) prepare teachers to assume leadership subtitle, which shall include an assessment 1707(3) of the Elementary and Secondary roles in their schools by participating in ac- of the impact of the activities on student Education Act of 1965 (20 U.S.C. 6537(3)). tivities such as teacher mentoring, develop- academic achievement; and (4) HIGH CONCENTRATION OF LOW-INCOME ment of curricula that integrate state of the (2) to prepare and submit an annual report STUDENTS.—The term ‘‘high concentration of art applications of mathematics and science on the results of the evaluation described in low-income students’’ has the meaning given into the classroom, working with school ad- paragraph (1) to the Committee on Health, the term in section 1707(2) of the Elementary ministrators in establishing in-service pro- Education, Labor, and Pensions of the Sen- and Secondary Education Act of 1965 (20 fessional development of teachers, and as- ate, the Committee on Education and the U.S.C. 6537(2)). sisting in evaluating data and assessments Workforce of the House of Representatives, (5) HIGH-NEED LOCAL EDUCATIONAL AGEN- to improve student academic achievement; and the Committees on Appropriations of the CY.—The term ‘‘high-need local educational (3) use high-quality research, laboratory, Senate and House of Representatives. agency’’ means a local educational agency or or internship experiences for program par- educational service agency described in ticipants that are integrated with SEC. 3116. AUTHORIZATION OF APPROPRIATIONS. 3112(3)(A). coursework; There are authorized to be appropriated to (6) HIGH-NEED SCHOOL.—The term ‘‘high- (4) provide student teaching or clinical carry out this section $210,000,000 for fiscal need school’’ means a middle school or sec- classroom experience; year 2008, and such sums as may be necessary ondary school— (5) if implementing a program in which for each of the 3 succeeding fiscal years, of (A) with a pervasive need for Advanced participants are prepared to teach mathe- which— Placement or International Baccalaureate matics or science courses, provide strategies (1) 57.1 percent shall be available to carry courses in mathematics, science, or critical for improving student literacy; out section 3113 for fiscal year 2008 and each foreign languages, or for additional Ad- (6) align the content knowledge in the mas- succeeding fiscal year; and vanced Placement or International Bacca- ter’s degree program with challenging stu- (2) 42.9 percent shall be available to carry laureate courses in such a subject; and dent academic achievement standards and out section 3114 for fiscal year 2008 and each (B)(i) with a high concentration of low-in- challenging academic content standards es- succeeding fiscal year. come students; or

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.031 S05MRPT1 ccoleman on PROD1PC60 with SENATE S2616 CONGRESSIONAL RECORD — SENATE March 5, 2007 (ii) designated with a school locale code of (D) how the eligible entity will ensure that provide an amount equal to not more than 6, 7 or 8, as determined by the Secretary. teachers serving high-need schools are quali- 100 percent of the amount of the grant. SEC. 3123. ADVANCED PLACEMENT AND INTER- fied to teach Advanced Placement or Inter- (2) WAIVER.—The Secretary may waive all NATIONAL BACCALAUREATE PRO- national Baccalaureate courses in mathe- or part of the matching requirement de- GRAMS. matics, science, or critical foreign lan- scribed in paragraph (1) for any fiscal year (a) PROGRAM AUTHORIZED.—From the guages; for an eligible entity described in subpara- amounts appropriated under subsection (l), (E) how the eligible entity will provide for graph (A) or (B) of section 3122(2), if the Sec- the Secretary is authorized to award grants, the involvement of business and community retary determines that applying the match- on a competitive basis, to eligible entities to organizations and other entities, including ing requirement to such eligible entity enable the eligible entities to carry out the institutions of higher education, in the ac- would result in serious hardship or an inabil- authorized activities described in subsection tivities to be assisted; and ity to carry out the authorized activities de- (g). (F) how the eligible entity will use funds scribed in subsection (g). (b) DURATION OF GRANTS.—The Secretary received under this section, including how (i) SUPPLEMENT NOT SUPPLANT.—Grant may award grants under this section for a the eligible entity will evaluate the success funds provided under this section shall be period of not more than 5 years. of its project. used to supplement, not supplant, other Fed- (c) COORDINATION.—The Secretary shall co- eral and non-Federal funds available to carry (g) AUTHORIZED ACTIVITIES.— ordinate the activities carried out under this out the activities described in subsection (g). (1) IN GENERAL.—Each eligible entity that section with the activities carried out under (j) COLLECTING AND REPORTING REQUIRE- receives a grant under this section shall use section 1705 of the Elementary and Sec- MENTS.— the grant funds to carry out activities de- ondary Education Act of 1965 (20 U.S.C. 6535). (1) REPORT.—Each eligible entity receiving signed to increase— (d) PRIORITY.—In awarding grants under a grant under this section shall collect and (A) the number of qualified teachers serv- this section, the Secretary shall give pri- report to the Secretary annually such data ing high-need schools who are teaching Ad- ority to eligible entities that are part of a on the results of the grant as the Secretary vanced Placement or International Bacca- statewide strategy for increasing the avail- may reasonably require, including data re- laureate courses in mathematics, science, or ability of Advanced Placement or Inter- garding— critical foreign languages; and national Baccalaureate courses in mathe- (A) the number of students enrolling in Ad- (B) the number of students attending high- matics, science, and critical foreign lan- vanced Placement or International Bacca- need schools who enroll in, and pass, the ex- guages, and pre-Advanced Placement or pre- laureate courses in mathematics, science, or aminations for such Advanced Placement or International Baccalaureate courses in such a critical foreign language, and pre-Ad- International Baccalaureate courses. subjects, in high-need schools. vanced Placement or pre-International Bac- (2) PERMISSIVE ACTIVITIES.—The activities (e) EQUITABLE DISTRIBUTION.—The Sec- calaureate courses in such a subject, and the described in paragraph (1) may include— retary, to the extent practicable, shall— distribution of grades those students receive; (A) teacher professional development, in (1) ensure an equitable geographic distribu- (B) the number of students taking Ad- order to expand the pool of teachers in the tion of grants under this section among the vanced Placement or International Bacca- participating State, local educational agen- States; and laureate examinations in mathematics, cy, or high-need school who are qualified to (2) promote an increase in participation in science, or a critical foreign language, and teach Advanced Placement or International Advanced Placement or International Bacca- the distribution of scores on those examina- Baccalaureate courses in mathematics, laureate mathematics, science, and critical tions; science, or critical foreign languages; foreign language courses and examinations (C) the number of teachers receiving train- (B) pre-Advanced Placement or pre-Inter- in all States. ing in teaching Advanced Placement or national Baccalaureate course development (f) APPLICATION.— International Baccalaureate courses in and professional development; (1) IN GENERAL.—Each eligible entity desir- mathematics, science, or a critical foreign (C) coordination and articulation between ing a grant under this section shall submit language who will be teaching such courses grade levels to prepare students to enroll and an application to the Secretary at such time, in the next school year; succeed in Advanced Placement or Inter- in such manner, and containing such infor- (D) the number of teachers becoming quali- national Baccalaureate courses in mathe- mation as the Secretary may reasonably re- fied to teach Advanced Placement or Inter- matics, science, or critical foreign lan- quire. national Baccalaureate courses in mathe- guages; (2) CONTENTS.—The application shall, at a matics, science, or a critical foreign lan- (D) purchase of instructional materials; minimum, include a description of— guage; and (E) activities to increase the availability (A) the goals and objectives for the project, (E) the number of qualified teachers who of, and participation in, online Advanced including— are teaching Advanced Placement or Inter- Placement or International Baccalaureate (i) increasing the number of teachers serv- national Baccalaureate courses in mathe- courses in mathematics, science, and critical ing high-need schools who are qualified to matics, science, or critical foreign languages foreign languages; teach Advanced Placement or International to students in a high-need school. (F) reimbursing low-income students at- Baccalaureate courses in mathematics, (2) REPORTING OF DATA.—Each eligible enti- tending high-need schools for part or all of science, or critical foreign languages; ty receiving a grant under this section shall the cost of Advanced Placement or Inter- (ii) increasing the number of qualified report data required under paragraph (1)— national Baccalaureate examination fees; teachers serving high-need schools who are (A) disaggregated by subject area; (G) carrying out subsection (j), relating to teaching Advanced Placement or Inter- (B) in the case of student data, collecting and reporting data; national Baccalaureate courses in mathe- disaggregated in the same manner as infor- (H) in the case of a State educational agen- matics, science, or critical foreign languages mation is disaggregated under section cy that receives a grant under this section, to students in the high-need schools; 1111(h)(1)(C)(i) of the Elementary and Sec- awarding subgrants to local educational (iii) increasing the number of Advanced ondary Education Act of 1965 (20 U.S.C. agencies to enable the local educational Placement or International Baccalaureate 6311(h)(1)(C)(i)); and agencies to carry out authorized activities courses in mathematics, science, and critical (C) to the extent feasible, in a manner that described in subparagraphs (A) through (G); foreign languages that are available to stu- allows comparison of conditions before, dur- and dents attending high-need schools; and ing, and after the project. (iv) increasing the number of students at- (I) providing salary increments or bonuses (k) EVALUATION AND REPORT.—From the tending a high-need school, particularly low- to teachers serving high-need schools who— amount made available for any fiscal year income students, who enroll in and pass— (i) become qualified to teach, and teach, under subsection (l), the Secretary shall re- (I) Advanced Placement or International Advanced Placement or International Bacca- serve such sums as may be necessary— Baccalaureate courses in mathematics, laureate courses in mathematics, science, or (1) to conduct an annual independent eval- science, or critical foreign languages; and a critical foreign language; or uation, by grant or by contract, of the pro- (II) pre-Advanced Placement or pre-Inter- (ii) increase the number of low-income stu- gram carried out under this section, which national Baccalaureate courses in such a dents, who take Advanced Placement or shall include an assessment of the impact of subject (where provided in accordance with International Baccalaureate examinations in the program on student academic achieve- subparagraph (B)); mathematics, science, or a critical foreign ment; and (B) how the eligible entity will ensure that language with the goal of successfully pass- (2) to prepare and submit an annual report students have access to courses, including ing such examinations. on the results of the evaluation described in pre-Advanced Placement and pre-Inter- (h) MATCHING REQUIREMENT.— paragraph (1) to the Committee on Health, national Baccalaureate courses, that will (1) IN GENERAL.—Subject to paragraph (2), Education, Labor, and Pensions of the Sen- prepare the students to enroll and succeed in each eligible entity that receives a grant ate, the Committee on Education and the Advanced Placement or International Bacca- under this section shall provide, toward the Workforce of the House of Representatives, laureate courses in mathematics, science, or cost of the activities assisted under the and the Committees on Appropriations of the critical foreign languages; grant, from non-Federal sources, an amount Senate and House of Representatives. (C) how the eligible entity will provide pro- equal to 200 percent of the amount of the (l) AUTHORIZATION OF APPROPRIATIONS.— fessional development for teachers assisted grant, except that an eligible entity that is There are authorized to be appropriated to under this section; a high-need local educational agency shall carry out this section $58,000,000 for fiscal

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.031 S05MRPT1 ccoleman on PROD1PC60 with SENATE March 5, 2007 CONGRESSIONAL RECORD — SENATE S2617 year 2008, and such sums as may be necessary (I) making progress toward meeting grade- (D) provide small groups with individual- for each of the 3 succeeding fiscal years. level mathematics achievement; and ized instruction in mathematics; TITLE II—MATH NOW (II) meeting or exceeding grade-level math- (E) conduct activities designed to improve SEC. 3201. MATH NOW FOR ELEMENTARY SCHOOL ematics achievement. the content knowledge and expertise of AND MIDDLE SCHOOL STUDENTS (B) REPORTING.—Annually providing the teachers, such as the use of a mathematics PROGRAM. Secretary with a report on the implementa- coach, enrichment activities, and inter- (a) PURPOSE.—The purpose of this section tion of this section as described in sub- disciplinary methods of mathematics in- is to enable all students to reach or exceed section (i). struction; and grade-level academic achievement standards (3) PERMISSIVE USE OF FUNDS; TECHNICAL (F) collect and report performance data. ASSISTANCE and to prepare the students to enroll in and .— (f) APPLICATIONS.— (A) IN GENERAL.—A State educational pass algebra courses by— (1) STATE EDUCATIONAL AGENCY.—Each (1) improving instruction in mathematics agency may use the grant funds made avail- State educational agency desiring a grant for students in kindergarten through grade 9 able under paragraph (1)(A) for 1 or more of under this section shall submit an applica- through the implementation of mathematics the following technical assistance activities tion to the Secretary at such time and in programs and the support of comprehensive that assist an eligible local educational such manner as the Secretary may require. agency, upon request by the eligible local mathematics initiatives that are based on Each application shall include— educational agency, in accomplishing the the best available evidence of effectiveness; (A) an assurance that the core mathe- tasks required to design and implement a and matics instructional materials or program, project under this section, including assist- (2) providing targeted help to low-income supplemental instructional materials, and students who are struggling with mathe- ance in— intervention programs used by the eligible matics and whose achievement is signifi- (i) selecting and implementing a program local educational agencies for the project, cantly below grade level. of mathematics instruction, or materials and are based on the best available evidence of (b) DEFINITION OF ELIGIBLE LOCAL EDU- interventions, based on the best available effectiveness and are aligned with State aca- CATIONAL AGENCY.—In this section, the term evidence of effectiveness; demic achievement standards; ‘‘eligible local educational agency’’ means a (ii) evaluating and selecting diagnostic and high-need local educational agency (as de- classroom based instructional mathematics (B) an assurance that eligible local edu- fined in section 3112(3)) serving 1 or more assessments; and cational agencies will meet the requirements schools— (iii) identifying eligible professional devel- described in paragraph (2); (1) with significant numbers or percentages opment providers to conduct the professional (C) an assurance that local applications of students whose mathematics skills are development activities described in sub- will be evaluated using a peer review process; below grade level; section (e)(1)(B). and (2) that are not making adequate yearly (B) GUIDANCE.—The technical assistance (D) a description of the qualifications of progress in mathematics under section described in subparagraph (A) shall be guided the peer review teams, which shall consist 1111(b)(2) of the Elementary and Secondary by researchers with expertise in the peda- of— Education Act of 1965 (20 U.S.C. 6311(b)(2)); or gogy of mathematics, mathematicians, and (i) researchers with expertise in the peda- (3) in which students are receiving instruc- mathematics educators from high-risk, high- gogy of mathematics; tion in mathematics from teachers who do achievement schools and eligible local edu- (ii) mathematicians; and not have mathematical content knowledge cational agencies. (iii) mathematics educators serving high- or expertise in the teaching of mathematics. (e) LOCAL USES OF FUNDS.— risk, high-achievement schools and eligible (c) PROGRAM AUTHORIZED.— (1) MANDATORY USES OF FUNDS.—Each eligi- local educational agencies. (1) IN GENERAL.—From the amounts appro- ble local educational agency receiving a (2) ELIGIBLE LOCAL EDUCATIONAL AGENCY.— priated under subsection (k) for any fiscal grant under this section shall use the grant Each eligible local educational agency desir- year, the Secretary is authorized to award funds to carry out each of the following ac- ing a grant under this section shall submit grants, on a competitive basis, for not more tivities: an application to the State educational than 5 years, to State educational agencies (A) To implement mathematics instruc- agency at such time and in such manner as to enable the State educational agencies to tional materials and interventions (includ- the State educational agency may require. award grants to eligible local educational ing intensive and systematic instruction)— Each application shall include— agencies to carry out the activities described (i) for students in the grades of a partici- (A) an assurance that the eligible local in subsection (e). pating school as identified in the application educational agency will provide assistance (2) PRIORITY.—In awarding grants under submitted under subsection (f)(2)(A); and to 1 or more schools that are— this section, the Secretary shall give pri- (ii) that are based on the best available (i) served by the eligible local educational ority to applications for projects that will evidence of effectiveness. agency; and implement statewide strategies for improv- (B) To provide professional development (ii) described in section 3201(b); ing mathematics instruction and raising the and instructional leadership activities for (B) a description of the grades kinder- mathematics achievement of students, par- teachers and, if appropriate, for administra- garten through grade 9, and of the schools, ticularly students in grades 4 through 8. tors and other school staff, on the implemen- that will be served; (d) STATE USES OF FUNDS.— tation of comprehensive mathematics initia- (C) information, on an aggregate basis, on (1) IN GENERAL.—Each State educational tives designed— each school to be served by the project, in- agency that receives a grant under this sec- (i) to improve the achievement of students cluding such demographic, socioeconomic, tion for a fiscal year— performing significantly below grade level; and mathematics achievement data as the (A) shall expend not more than a total of 10 (ii) to improve the mathematical content State educational agency may request; percent of the grant funds to carry out the knowledge of the teachers, administrators, (D) a description of the core mathematics activities described in paragraphs (2) or (3) and other school staff; instructional materials or program, supple- for the fiscal year; and (iii) to increase the use of effective instruc- mental instructional materials, and inter- (B) shall use not less than 90 percent of the tional practices; and vention programs or strategies that will be grant funds to award grants, on a competi- (iv) to monitor student progress. used for the project, including an assurance tive basis, to eligible local educational agen- (C) To conduct continuous progress moni- that the programs or strategies and mate- cies to enable the eligible local educational toring, which may include the adoption and rials are based on the best available evidence agencies to carry out the activities described use of assessments that— of effectiveness and are aligned with State in subsection (e) for the fiscal year. (i) measure student progress and identify academic achievement standards; (2) MANDATORY USES OF FUNDS.—A State areas in which students need help in learning (E) a description of the activities that will educational agency shall use the grant funds mathematics; and be carried out under the grant, including a made available under paragraph (1)(A) to (ii) reflect mathematics content that is description of the professional development carry out each of the following activities: consistent with State academic achievement that will be provided to teachers, and, if ap- (A) PLANNING AND ADMINISTRATION.—Plan- standards in mathematics described in sec- propriate, administrators and other school ning and administration, including— tion 1111(b) of the Elementary and Secondary staff, and a description of how the activities (i) evaluating applications from eligible Education Act of 1965 (20 U.S.C. 6311(b)). will support achievement of the purpose of local educational agencies using peer review (2) PERMISSIVE USES OF FUNDS.—An eligible this section; teams described in subsection (f)(1)(D); local educational agency may use grant (F) an assurance that the eligible local (ii) administering the distribution of funds under this section to— educational agency will report to the State grants to eligible local educational agencies; (A) adopt and use mathematics instruc- educational agency all data on student aca- and tional materials and assessments; demic achievement that is necessary for the (iii) assessing and evaluating, on a regular (B) implement classroom-based assess- State educational agency’s report under sub- basis, eligible local educational agency ac- ments, including diagnostic or formative as- section (i); tivities assisted under this section, with re- sessments; (G) a description of the eligible entity’s spect to whether the activities have been ef- (C) provide remedial coursework and inter- plans for evaluating the impact of profes- fective in increasing the number of chil- ventions for students, which may be provided sional development and leadership activities dren— before or after school; in mathematics on the content knowledge

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(1) IN GENERAL.—In implementing this sec- staff, except that the Secretary shall not re- SEC. 3302. DEFINITIONS. tion, the Secretary shall not— quire such information until after the third In this title: (A) endorse, approve, or sanction any year of a grant awarded under this section. (1) ELIGIBLE RECIPIENT.—The term ‘‘eligible mathematics curriculum designed for use in (2) REPORTING AND DISAGGREGATION.—The recipient’’ means an institution of higher any school; or information required under paragraph (1) education that receives grant funds under (B) engage in oversight, technical assist- shall be— this title on behalf of a partnership for use in ance, or activities that will require the adop- (A) reported in a manner that allows for a carrying out the activities assisted under tion of a specific mathematics program or comparison of aggregated score differentials this title. instructional materials by a State, local of student academic achievement before (to (2) PARTNERSHIP.—The term ‘‘partnership’’ educational agency, or school. the extent feasible) and after implementa- means a partnership that— (2) RULE OF CONSTRUCTION.—Nothing in this tion of the project assisted under this sec- (A) shall include— title shall be construed to authorize or per- tion; and (i) an institution of higher education; and mit the Department of Education, or a De- (B) disaggregated in the same manner as (ii) 1 or more local educational agencies; partment of Education contractor, to man- information is disaggregated under section and date, direct, control, or suggest the selection 1111(h)(1)(C)(i) of the Elementary and Sec- (B) may include 1 or more entities that of a mathematics curriculum, supplemental ondary Education Act of 1965 (20 U.S.C. support the purposes of this title. instructional materials, or program of in- 6311(h)(1)(C)(i)). (3) SUPERIOR LEVEL OF PROFICIENCY.—The struction by a State, local educational agen- (3) PRIVACY PROTECTION.—The data in the term ‘‘superior level of proficiency’’ means cy, or school. report shall be reported in a manner that— level 3, the professional working level, as (h) MATCHING REQUIREMENTS.— (A) protects the privacy of individuals; and measured by the Federal Interagency Lan- (1) STATE EDUCATIONAL AGENCY.—A State (B) complies with the requirements of the guage Roundtable (ILR) or by other gen- educational agency that receives a grant Family Educational Rights and Privacy Act erally recognized measures of superior stand- under this section shall provide, from non- of 1974 (20 U.S.C. 1232g). ards. Federal sources, an amount equal to 50 per- (j) EVALUATION AND TECHNICAL ASSIST- SEC. 3303. PROGRAM AUTHORIZED. ANCE cent of the amount of the grant, in cash or .— (a) PROGRAM AUTHORIZED.— VALUATION in kind, to carry out the activities supported (1) E .— (1) IN GENERAL.—The Secretary is author- by the grant, of which not more than 20 per- (A) IN GENERAL.—The Secretary shall con- ized to award grants to eligible recipients to cent of such 50 percent may be provided by duct an annual independent evaluation, by enable partnerships served by the eligible re- local educational agencies within the State. grant or by contract, of the program assisted cipients to establish articulated programs of (2) WAIVER.—The Secretary may waive all under this section, which shall include an as- study in critical foreign languages that will of or a portion of the matching requirement sessment of the impact of the program on enable students to advance successfully from described in paragraph (1) for any fiscal year, student academic achievement and teacher elementary school through postsecondary if the Secretary determines that— performance, and may use funds available to education and achieve higher levels of pro- (A) the application of the matching re- carry out this section to conduct the evalua- ficiency in a critical foreign language. quirement will result in serious hardship for tion. (2) DURATION.—A grant awarded under the State educational agency; or (B) REPORT.—The Secretary shall annually paragraph (1) shall be for a period of not (B) providing a waiver best serves the pur- submit, to the Committee on Health, Edu- more than 5 years. A grant may be renewed pose of the program assisted under this sec- cation, Labor, and Pensions of the Senate, for not more than 2 additional 5-year peri- tion. the Committee on Education and the Work- ods, if the Secretary determines that the (i) PROGRAM PERFORMANCE AND ACCOUNT- force of the House of Representatives, and partnership’s program is effective and the re- ABILITY.— the Committees on Appropriations of the newal will best serve the purposes of this (1) INFORMATION.—Each State educational Senate and House of Representatives, a re- title. agency receiving a grant under this section port on the results of the evaluation. (b) APPLICATIONS.— shall collect and report to the Secretary an- (2) TECHNICAL ASSISTANCE.—The Secretary (1) IN GENERAL.—Each eligible recipient de- nually such information on the results of the may use funds made available under para- siring a grant under this section shall sub- grant as the Secretary may reasonably re- graph (3) to provide technical assistance to mit an application to the Secretary at such quire, including information on— prospective applicants and to eligible local time, in such manner, and containing such (A) mathematics achievement data that educational agencies receiving a grant under information as the Secretary may require. show the progress of students participating this section. (2) CONTENTS.—Each application shall— in projects under this section (including, to (3) RESERVATION OF FUNDS.—The Secretary (A) identify each local educational agency the extent practicable, comparable data may reserve not more than 2.5 percent of partner, including contact information and from students not participating in such funds appropriated under subsection (k) for a letters of commitment, and describe the re- projects), based primarily on the results of fiscal year to carry out this subsection. sponsibilities of each member of the partner- State, school district wide, or classroom- (k) AUTHORIZATION OF APPROPRIATIONS.— ship, including— based, assessments, including— There are authorized to be appropriated to (i) how each of the partners will be in- (i) specific identification of those schools carry out this section $146,700,000 for fiscal volved in planning, developing, and imple- and eligible local educational agencies that year 2008, and such sums as may be necessary menting— report the largest gains in mathematics for each of the 3 succeeding fiscal years. (I) program curriculum and materials; and achievement; and TITLE III—FOREIGN LANGUAGE (II) teacher professional development; (ii) evidence on whether the State edu- PARTNERSHIP PROGRAM (ii) what resources each of the partners cational agency and eligible local edu- SEC. 3301. FINDINGS AND PURPOSE. will provide; and cational agencies within the State have— (a) FINDINGS.—Congress makes the fol- (iii) how the partners will contribute to en- (I) significantly increased the number of lowing findings: suring the continuity of student progress students achieving at grade level or above in (1) The United States faces a shortage of from elementary school through the postsec- mathematics; skilled professionals with higher levels of ondary level; (II) significantly increased the percentages proficiency in foreign languages and area (B) describe how an articulated curriculum of students described in section knowledge critical to the Nation’s security. for students will be developed and imple- 1111(b)(2)(C)(v)(II) of the Elementary and (2) Given the Nation’s economic competi- mented, which may include the use and inte- Secondary Education Act of 1965 (20 U.S.C. tiveness interests, it is crucial that our Na- gration of technology into such curriculum; 6311(b)(2)(C)(v)(II)) who are achieving at tion expand the number of Americans who (C) identify target proficiency levels for grade level or above in mathematics; are able to function effectively in the envi- students at critical benchmarks (such as (III) significantly increased the number of ronments in which critical foreign languages grades 4, 8, and 12), and describe how students making significant progress toward are spoken. progress toward those proficiency levels will meeting grade-level mathematics achieve- (3) Students’ ability to become proficient be assessed at the benchmarks, and how the ment standards; and in foreign languages can be addressed by program will use the results of the assess- (IV) successfully implemented this section; starting language learning at a younger age ments to ensure continuous progress toward (B) the percentage of students in the and expanding opportunities for continuous achieving a superior level of proficiency at schools served by the eligible local edu- foreign language education from elementary the postsecondary level; cational agency who enroll in algebra school through postsecondary education. (D) describe how the partnership will— courses and the percentage of such students (b) PURPOSE.—The purpose of this title is (i) ensure that students from a program as- who pass algebra courses; and to significantly increase— sisted under this title who are beginning

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.031 S05MRPT1 ccoleman on PROD1PC60 with SENATE March 5, 2007 CONGRESSIONAL RECORD — SENATE S2619 postsecondary education will be assessed and (ii) the proficiency of the students in the (B) the demands of higher education, the enabled to progress to a superior level of pro- critical foreign languages. 21st century workforce, and the Armed ficiency; (d) MATCHING REQUIREMENT.— Forces; (ii) address the needs of students already (1) IN GENERAL.—An eligible recipient that (2) to support the establishment or im- at, or near, the superior level of proficiency, receives a grant under this title shall pro- provement of statewide P–16 education data which may include diagnostic assessments vide, toward the cost of carrying out the ac- systems that— for placement purposes, customized and indi- tivities supported by the grant, from non- (A) assist States in improving the rigor vidualized language learning opportunities, Federal sources, an amount equal to— and quality of elementary and secondary and experimental and interdisciplinary lan- (A) 20 percent of the amount of the grant education content knowledge requirements guage learning; and payment for the first fiscal year for which a and assessments; (iii) identify and describe how the partner- grant payment is made; (B) ensure students are prepared to succeed ship will work with institutions of higher (B) 30 percent of the amount of the grant in— education outside the partnership to provide payment for the second such fiscal year; (i) academic credit-bearing coursework in participating students with multiple options (C) 40 percent of the amount of the grant higher education without the need for reme- for postsecondary education consistent with payment for the third such fiscal year; and diation; the purposes of this title; (D) 50 percent of the amount of the grant (ii) the 21st century workforce; or (E) describe how the partnership will sup- payment for each of the fourth and fifth such (iii) the Armed Forces; and port and continue the program after the fiscal years. (3) enable States to have valid and reliable grant has expired, including how the part- (2) NON-FEDERAL SHARE.—The non-Federal information to inform education policy and nership will seek support from other sources, share required under paragraph (1) may be practice. such as State and local governments, founda- provided in cash or in-kind. (b) DEFINITIONS.—In this section: tions, and the private sector; and (3) WAIVER.—The Secretary may waive all (1) INSTITUTION OF HIGHER EDUCATION.—The (F) describe what assessments will be used or part of the matching requirement of para- term ‘‘institution of higher education’’ has or, if assessments not available, how assess- graph (1), for any fiscal year, if the Secretary the meaning given the term in section 101(a) ments will be developed. determines that— of the Higher Education Act of 1965 (20 U.S.C. (c) USES OF FUNDS.—Grant funds awarded (A) the application of the matching re- 1001(a)). under this title— quirement will result in serious hardship for (2) P–16 EDUCATION.—The term ‘‘P–16 edu- (1) shall be used to develop and implement the partnership; or cation’’ means the educational system from programs at the elementary school level prekindergarten through the conferring of a (B) the waiver will best serve the purposes through postsecondary education, consistent baccalaureate degree. of this title. with the purpose of this title, including— (3) STATEWIDE PARTNERSHIP.—The term (e) SUPPLEMENT NOT SUPPLANT.—Grant (A) the development of curriculum and in- ‘‘statewide partnership’’ means a partnership funds provided under this title shall be used structional materials; and that— to supplement, not supplant, other Federal (B) recruitment of students; and (A) shall include— and non-Federal funds available to carry out (2) may be used for— (i) the Governor of the State or the des- the activities described in subsection (c). (A) teacher recruitment (including recruit- ignee of the Governor; (f) TECHNICAL ASSISTANCE.—The Secretary ment from other professions and recruitment (ii) the heads of the State systems for pub- shall enter into a contract to establish a of native-language speakers in the commu- lic higher education, or, if such a position technical assistance center to provide tech- nity) and professional development directly does not exist, not less than 1 representative nical assistance to partnerships developing related to the purposes of this title at the el- of a public degree-granting institution of critical foreign language programs assisted ementary school through secondary school higher education; under this section. The center shall— levels; (iii) not less than 1 representative of a (1) assist the partnerships in the develop- (B) development of appropriate assess- technical school; ment of critical foreign language instruc- ments; (iv) not less than 1 representative of a pub- tional materials and assessments; and (C) opportunities for maximum language lic secondary school; (2) disseminate promising foreign language exposure for students in the program, such (v) the chief State school officer; instructional practices. as the creation of immersion environments (vi) the chief executive officer of the State (g) PROGRAM EVALUATION.— (such as language houses, language tables, higher education coordinating board; (1) IN GENERAL.—The Secretary may re- immersion classrooms, and weekend and (vii) not less than 1 public elementary serve not more than 5 percent of the total summer experiences) and special tutoring school teacher employed in the State; amount appropriated for this title for any and academic support; (viii) not less than 1 public elementary fiscal year to annually evaluate the pro- (D) dual language immersion programs; school teacher certified in early childhood grams under this title. (E) scholarships and study-abroad opportu- education; (2) REPORT.—The Secretary shall prepare nities, related to the program, for postsec- (ix) not less than 1 public secondary school and annually submit, to the Committee on ondary students and newly recruited teach- teacher employed in the State; Health, Education, Labor, and Pensions of ers who have advanced levels of proficiency (x) not less than 1 representative of the the Senate, the Committee on Education and in a critical foreign language, except that business community in the State; and the Workforce of the House of Representa- not more than 20 percent of the grant funds (xi) not less than 1 member of the Armed tives, and the Committees on Appropriations provided to an eligible recipient under this Forces; and of the Senate and House of Representatives, section for a fiscal year may be used to carry (B) may include other individuals or rep- a report on the results of any program eval- out this subparagraph; resentatives of other organizations, such as a uation conducted under this subsection. (F) activities to encourage community in- school administrator, a faculty member at volvement to assist in meeting the purposes SEC. 3304. AUTHORIZATION OF APPROPRIATIONS. an institution of higher education, a member of this title; For the purpose of carrying out this title, of a civic or community organization, a rep- (G) summer institutes for students and there are authorized to be appropriated resentative from a private institution of teachers; $22,000,000 for fiscal year 2008, and such sums higher education, a dean or similar rep- (H) bridge programs that allow dual enroll- as may be necessary for each of the 3 suc- resentative of a school of education at an in- ment for secondary school students in insti- ceeding fiscal years. stitution of higher education or a similar tutions of higher education; TITLE IV—ALIGNMENT OF EDUCATION teacher certification or licensure program, (I) programs that expand the under- PROGRAMS or the State official responsible for economic standing and knowledge of historic, geo- development. graphic, and contextual factors within coun- SEC. 3401. ALIGNMENT OF SECONDARY SCHOOL GRADUATION REQUIREMENTS WITH (c) GRANTS AUTHORIZED.—The Secretary is tries with populations who speak critical for- THE DEMANDS OF 21ST CENTURY authorized to award grants, on a competitive eign languages, if such programs are carried POSTSECONDARY ENDEAVORS AND basis, to States to enable each such State to out in conjunction with language instruc- SUPPORT FOR P–16 EDUCATION work with a statewide partnership— tion; DATA SYSTEMS. (1) to promote better alignment of content (J) research on, and evaluation of, the (a) PURPOSE.—It is the purpose of this sec- knowledge requirements for secondary teaching of critical foreign languages; tion— school graduation with the knowledge and (K) data collection and analysis regarding (1) to promote more accountability with skills needed to succeed in postsecondary the results of— respect to preparation for higher education, education, the 21st century workforce, or the (i) various student recruitment strategies; the 21st century workforce, and the Armed Armed Forces; or (ii) program design; and Forces, by aligning— (2) to establish or improve a statewide P– (iii) curricular approaches; and (A) student knowledge, student skills, 16 education data system. (L) the impact of the strategies, program State academic content standards and as- (d) PERIOD OF GRANTS; NON-RENEW- design, and curricular approaches described sessments, and curricula, in elementary and ABILITY.— in subparagraph (K) on increasing— secondary education, especially with respect (1) GRANT PERIOD.—The Secretary shall (i) the number of students studying critical to mathematics, science, reading, and, where award a grant under this section for a period foreign languages; and applicable, engineering and technology; with of not more than 3 years.

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(2) NON-RENEWABILITY.—The Secretary school in the State, with a unique identifier, cation coursework without the need for prior shall not award a State more than 1 grant such as a bar code, that— developmental coursework; under this section. (I) does not permit a student to be individ- (ii) identify factors to increase the per- (e) AUTHORIZED ACTIVITIES.— ually identified by users of the system; and centage of low-income and minority students (1) GRANTS FOR P–16 ALIGNMENT.—Each (II) is retained throughout the student’s who are academically prepared to enter and State receiving a grant under subsection enrollment in P–16 education in the State; successfully complete postsecondary-level (c)(1)— and general education coursework; and (A) shall use the grant funds for— (ii) meets the requirements of subpara- (iii) use the data in the system to other- (i) identifying and describing the content graphs (B) through (E). wise inform education policy and practice in knowledge and skills students who enter in- (B) IMPROVEMENT OF EXISTING SYSTEM.— order to better align student knowledge and stitutions of higher education, the work- Each State that receives a grant under sub- skills, and curricula, with the demands of force, and the Armed Forces need to have in section (c)(2) for the improvement of a state- postsecondary education, the 21st century order to succeed without any remediation wide P–16 education data system may em- workforce, and the Armed Forces. based on detailed requirements obtained ploy, coordinate, or revise an existing state- (f) APPLICATION.— from institutions of higher education, em- wide data system to establish a statewide (1) IN GENERAL.—Each State desiring a longitudinal P–16 education data system ployers, and the Armed Forces; grant under this section shall submit an ap- that meets the requirements of subparagraph (ii) identifying and making changes that plication to the Secretary at such time, in (A), if the statewide longitudinal P–16 edu- need to be made to a State’s secondary such manner, and containing such informa- cation data system produces valid and reli- school graduation requirements, academic tion as the Secretary may reasonably re- able data. content standards, academic achievement quire. (C) DATA AND COMPLIANCE WITH FERPA.— standards, and assessments preceding grad- (2) APPLICATION CONTENTS.—Each applica- The State, through the implementation of uation from secondary school in order to tion submitted under this section shall speci- the statewide P–16 education data system, align the requirements, standards, and as- fy whether the State application is for the shall— sessments with the knowledge and skills nec- conduct P–16 education alignment activities, (i) ensure the implementation and use of or the establishment or improvement of a essary for success in academic credit-bearing valid and reliable secondary school dropout coursework in postsecondary education, in statewide P–16 education data system. The data; and application shall include, at a minimum, the the 21st century workforce, and in the (ii) ensure that the statewide P–16 edu- Armed Forces without the need for remedi- following: cation data system meets the requirements (A) A description of the activities and pro- ation; of the Family Educational Rights and Pri- (iii) convening stakeholders within the grams to be carried out with the grant funds vacy Act of 1974 (20 U.S.C. 1232g). and a comprehensive plan for carrying out State and creating a forum for identifying (D) REQUIRED ELEMENTS OF A STATEWIDE P– and deliberating on education issues that— the activities. 16 EDUCATION DATA SYSTEM.—The State shall (B) A description of how the concerns and (I) involve prekindergarten through grade ensure that the statewide P–16 education 12 education, postsecondary education, the interests of the larger education community, data system includes the following elements: including parents, students, teachers, teach- 21st century workforce, and the Armed (i) PREKINDERGARTEN THROUGH GRADE 12 Forces; and er educators, principals, and school adminis- EDUCATION AND POSTSECONDARY EDUCATION.— trators will be represented in carrying out (II) transcend any single system of edu- With respect to prekindergarten through cation’s ability to address; and the authorized activities described in sub- grade 12 education and postsecondary edu- section (e). (iv) implementing activities designed to cation— (C) in the case of a State applying for fund- ensure the enrollment of all elementary (I) a unique statewide student identifier ing for P–16 education alignment, a descrip- school and secondary school students in rig- that does not permit a student to be individ- tion of how the State will provide assistance orous coursework, which may include— ually identified by users of the system; to local educational agencies in imple- (I) specifying the courses and performance (II) student-level enrollment, demographic, menting rigorous State content knowledge levels necessary for acceptance into institu- and program participation information; requirements through substantive curricula tions of higher education; and (III) student-level information about the and other changes the State determines nec- (II) developing curricula and assessments points at which students exit, transfer in, essary, including scientifically based remedi- aligned with State academic content stand- transfer out, drop out, or complete P–16 edu- ation and acceleration opportunities for stu- ards, which assessments may be used as cation programs; measures of student academic achievement (IV) the capacity to communicate with dents. in secondary school as well as for entrance higher education data systems; and (D) in the case of a State applying for fund- or placement at institutions of higher edu- (V) a State data audit system assessing ing to establish or improve a statewide P–16 cation, including through collaboration with data quality, validity, and reliability. education data system— (i) a description of and the timetable for institutions of higher education in, or State (ii) PREKINDERGARTEN THROUGH GRADE 12 the establishment or improvement of such educational agencies serving, other States; EDUCATION.—With respect to prekindergarten and through grade 12 education— system; and (B) may use the grant funds for— (I) yearly test records of individual stu- (ii) an assurance that the State will con- (i) developing and making available spe- dents with respect to assessments under sec- tinue to fund the statewide P–16 education cific opportunities for extensive professional tion 1111(b) of the Elementary and Secondary data system after the end of the grant pe- development for teachers, paraprofessionals, Education Act of 1965 (20 U.S.C. 6311(b)); riod. principals, and school administrators, in- (II) information on students not tested by (g) SUPPLEMENT NOT SUPPLANT.—Grant cluding collection and dissemination of ef- grade and subject; funds provided under this section shall be fective teaching practices to improve in- (III) a teacher identifier system with the used to supplement, not supplant, other Fed- struction and instructional support mecha- ability to match teachers to students; eral, State, and local funds available to nisms; (IV) student-level transcript information, carry out the authorized activities described (ii) identifying changes in State academic including information on courses completed in subsection (e). content standards, academic achievement and grades earned; and (h) MATCHING REQUIREMENT.—Each State standards, and assessments for students in (V) student-level college readiness test that receives a grant under this section shall grades preceding secondary school in order scores. provide, from non-Federal sources, an amount equal to 100 percent of the amount of to ensure the students are adequately pre- (iii) POSTSECONDARY EDUCATION.—With re- pared when the students enter secondary spect to postsecondary education, data that the grant, in cash or in kind, to carry out school; provide— the activities supported by the grant. (i) RULE OF CONSTRUCTION.—Nothing in this (iii) developing a plan to provide remedi- (I) information regarding the extent to section shall be construed to require States ation and additional learning opportunities which students transition successfully from to provide raw data to the Secretary. for students who are performing below grade secondary school to postsecondary edu- (j) AUTHORIZATION OF APPROPRIATIONS.— level to ensure that all students will have cation, including whether students enroll in There are authorized to be appropriated to the opportunity to meet secondary school remedial coursework; and carry out this section $100,000,000 for fiscal graduation requirements; or (II) other information determined nec- year 2008 and such sums as may be necessary (iv) identifying and addressing teacher cer- essary to address alignment and adequate for fiscal year 2009. tification needs. preparation for success in postsecondary (2) GRANTS FOR STATEWIDE P–16 EDUCATION education. DIVISION D—NATIONAL SCIENCE DATA SYSTEMS.— (E) FUNCTIONS OF THE STATEWIDE P–16 EDU- FOUNDATION (A) ESTABLISHMENT OF SYSTEM.—Each CATION DATA SYSTEM.—In implementing the SEC. 4001. AUTHORIZATION OF APPROPRIATIONS. State that receives a grant under subsection statewide P–16 education data system, the (a) IN GENERAL.—There are authorized to (c)(2) shall establish a statewide P–16 edu- State shall— be appropriated to the National Science cation longitudinal data system that— (i) identify factors that correlate to stu- Foundation— (i) provides each student, upon enrollment dents’ ability to successfully engage in and (1) $6,808,000,000 for fiscal year 2008; in a public elementary school or secondary complete postsecondary-level general edu- (2) $7,433,000,000 for fiscal year 2009;

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(3) $8,446,000,000 for fiscal year 2010; and (C) $48,000,000 for fiscal year 2010. (3) PREFERENCE FOR APPLICANTS WITH AL- (4) $11,200,000,000 for fiscal year 2011. (D) $60,000,000 for fiscal year 2011. TERNATIVE FUNDING SOURCES.—The Director (b) PLAN FOR INCREASED RESEARCH.— (b) INTEGRATIVE GRADUATE EDUCATION AND shall give preference in making awards to 4- (1) IN GENERAL.—Not later than 180 days RESEARCH TRAINEESHIP PROGRAM.— year institutions of higher education seeking after the date of the enactment of this Act, (1) IN GENERAL.—During the 5-year period Federal funding to create or improve profes- the Director of the National Science Founda- beginning on the date of the enactment of sional science master’s degree programs, to tion, in consultation with the National this Act, the Director shall expand the Inte- those applicants that secure more than 2⁄3 of Science Board, shall submit a comprehen- grative Graduate Education and Research the funding for such professional science sive, multiyear plan that describes how the Traineeship program of the National Science master’s degree programs from sources other funds authorized in subsection (a) would be Foundation so that an additional 1,250 indi- than the Federal Government. used, if appropriated, to the Committee on viduals who are citizens or nationals of the (4) NUMBER OF GRANTS; TIME PERIOD OF Commerce, Science, and Transportation of United States or eligible lawful permanent GRANTS.— the Senate, the Committee on Health, Edu- residents are awarded grants under the pro- (A) NUMBER OF GRANTS.—Subject to the cation, Labor, and Pensions of the Senate, gram during that period. availability of appropriated funds, the Direc- and the Committee on Science of the House (2) AUTHORIZATION OF APPROPRIATIONS.— tor shall award grants under paragraph (1) to of Representatives. Within the amounts authorized to be appro- a maximum of 200 4-year institutions of (2) PLAN REQUIREMENTS.—The Director priated by section 4001, there are authorized higher education. shall— to be appropriated, to provide grants to an (B) TIME PERIOD OF GRANTS.—Grants award- (A) develop the plan with a focus on additional 250 individuals under the Integra- ed under this section shall be for one 3-year strengthening the Nation’s lead in physical tive Graduate Education and Research term. Grants may be renewed only once for science and technology, increasing overall Traineeship program during each of the fis- a maximum of 2 additional years. workforce skills in physical science, tech- cal years 2008 through 2011, the following: (5) EVALUATION AND REPORTS.— (A) $22,000,000 for fiscal year 2008. nology, engineering, and mathematics at all (A) DEVELOPMENT OF PERFORMANCE BENCH- (B) $33,000,000 for fiscal year 2009. levels, and strengthening innovation by ex- MARKS.—Prior to the start of the grant pro- panding the focus of competitiveness and in- (C) $44,000,000 for fiscal year 2010. gram, the Director of the National Science novation policy at the regional and local (D) $55,000,000 for fiscal year 2011. Foundation, in collaboration with 4-year in- (c) DEFINITION OF ELIGIBLE LAWFUL PERMA- level; and stitutions of higher education (including ap- NENT RESIDENT.—In this section, the term (B) emphasize spending increased research plicable graduate schools and academic de- ‘‘eligible lawful permanent resident’’ means funds appropriated pursuant to subsection partments), and industries and Federal agen- a lawful permanent resident of the United (a) in areas of investment for Federal re- States who declares an intent— cies that employ science-trained personnel, search and technology programs identified (1) to apply for United States citizenship; shall develop performance benchmarks to under section 1101(c) of this Act. or evaluate the pilot programs assisted by SEC. 4002. STRENGTHENING OF EDUCATION AND (2) to reside in the United States for not grants under this section. HUMAN RESOURCES DIRECTORATE less than 5 years after the completion of a (B) EVALUATION.—For each year of the THROUGH EQUITABLE DISTRIBU- grant period, the Director, in consultation TION OF NEW FUNDS. graduate fellowship or traineeship awarded under this section. with 4-year institutions of higher education (a) PURPOSE.—The purpose of this section (including applicable graduate schools and is to ensure the continued involvement of ex- SEC. 4004. PROFESSIONAL SCIENCE MASTER’S academic departments), and industries and perts at the National Science Foundation in DEGREE PROGRAMS. Federal agencies that employ science- improving science, technology, engineering, (a) CLEARINGHOUSE.— trained personnel, shall complete an evalua- and mathematics education at the elemen- (1) DEVELOPMENT.—The Director of the Na- tion of each program assisted by grants tary, secondary, and postsecondary school tional Science Foundation shall establish a under this section. Any program that fails to levels by providing annual funding increases clearinghouse, in collaboration with 4-year satisfy the performance benchmarks devel- for the education and human resources pro- institutions of higher education (including oped under subparagraph (A) shall not be eli- grams of the National Science Foundation applicable graduate schools and academic de- gible for further funding. that are proportional to the funding in- partments), and industries and Federal agen- (C) REPORT.—Not later than 180 days after creases provided to the Foundation overall. cies that employ science-trained personnel, (b) EQUITABLE DISTRIBUTION OF NEW to share program elements used in successful the completion of an evaluation described in FUNDS.—Within the amounts authorized to professional science master’s degree pro- subparagraph (B), the Director shall submit be appropriated by section 4001, there are au- grams and other advanced degree programs a report to Congress that includes— thorized to be appropriated for the education related to science, mathematics, technology, (i) the results of the evaluation described and human resources programs of the Na- and engineering. in subparagraph (B); and tional Science Foundation, for each of the (2) AVAILABILITY.—The Director shall make (ii) recommendations for administrative fiscal years 2008 through 2011, an amount the clearinghouse of program elements de- and legislative action that could optimize equal to $1,050,000,000 increased for each such veloped under paragraph (1) available to in- the effectiveness of the pilot programs, as fiscal year by an amount equal to the per- stitutions of higher education that are devel- the Director determines to be appropriate. centage increase in the appropriation for the oping professional science master’s degree (c) INSTITUTION OF HIGHER EDUCATION DE- National Science Foundation for such fiscal programs. FINED.—In this section, the term ‘‘institution year above the amount appropriated to the (b) PROGRAMS.— of higher education’’ has the meaning given National Science Foundation for fiscal year (1) PROGRAMS AUTHORIZED.—The Director that term in section 101(a) of the Higher 2007. shall award grants to 4-year institutions of Education Act of 1965 (20 U.S.C. 1001(a)). SEC. 4003. GRADUATE FELLOWSHIPS AND GRAD- higher education to facilitate the institu- (d) AUTHORIZATION OF APPROPRIATIONS.— UATE TRAINEESHIPS. tions’ creation or improvement of profes- Within the amounts authorized to be appro- (a) GRADUATE RESEARCH FELLOWSHIP PRO- sional science master’s degree programs. priated by section 4001, there are authorized GRAM.— (2) APPLICATION.—A 4-year institution of to be appropriated to carry out this section— (1) IN GENERAL.—During the 5-year period higher education desiring a grant under this (1) $15,000,000 for fiscal year 2008; beginning on the date of the enactment of section shall submit an application at such (2) $18,000,000 for fiscal year 2009; and this Act, the Director of the National time, in such manner, and accompanied by (3) $20,000,000 for each of the fiscal years Science Foundation shall expand the Grad- such information as the Director may re- 2010 and 2011. uate Research Fellowship Program of the quire. The application shall include— SEC. 4005. INCREASED SUPPORT FOR SCIENCE National Science Foundation so that an ad- (A) a description of the professional EDUCATION THROUGH THE NA- ditional 1,250 fellowships are awarded to citi- science master’s degree program that the in- TIONAL SCIENCE FOUNDATION. zens or nationals of the United States or eli- stitution of higher education will imple- (a) IN GENERAL.—Within the amounts au- gible lawful permanent residents under the ment; thorized to be appropriated by section 4001, Program during that period. (B) the amount of funding from non-Fed- there are authorized to be appropriated to (2) EXTENSION OF FELLOWSHIP PERIOD.—The eral sources, including from private indus- carry out the science, mathematics, engi- Director is authorized to award fellowships tries, that the institution of higher edu- neering, and technology talent expansion under the Graduate Research Fellowship cation shall use to support the professional program under section 8(7) of the National Program for a period of up to 5 years. science master’s degree program; and Science Foundation Authorization Act of (3) AUTHORIZATION OF APPROPRIATIONS.— (C) an assurance that the institution of 2002 (Public Law 107–368, 116 Stat. 3042)— Within the amounts authorized to be appro- higher education shall encourage students in (1) $40,000,000 for fiscal year 2008; priated by section 4001, there are authorized the professional science master’s degree pro- (2) $45,000,000 for fiscal year 2009; to be appropriated, to provide an additional gram to apply for all forms of Federal assist- (3) $50,000,000 for fiscal year 2010; and 250 fellowships under the Graduate Research ance available to such students, including (4) $55,000,000 for fiscal year 2011. Fellowship Program during each of the fiscal applicable graduate fellowships and student (b) PROMOTING OUTREACH AND HIGH QUAL- years 2008 through 2011, the following: financial assistance under titles IV and VII ITY.—Section 8(7)(C) of the National Science (A) $24,000,000 for fiscal year 2008. of the Higher Education Act of 1965 (20 U.S.C. Foundation Authorization Act of 2002 (Public (B) $36,000,000 for fiscal year 2009. 1070 et seq., 1133 et seq.). Law 107–368, 116 Stat. 3042) is amended—

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.032 S05MRPT1 ccoleman on PROD1PC60 with SENATE S2622 CONGRESSIONAL RECORD — SENATE March 5, 2007 (1) by redesignating clauses (i) through (vi) ized to be appropriated to the National Technology Research Board (referred to in as subclauses (I) through (VI), respectively, Science Foundation for the Experimental this subsection as ‘‘the Board’’) which shall and indenting appropriately; Program to Stimulate Competitive Research advise the Director of the National Science (2) by striking ‘‘include those that promote authorized under section 113 of the National Foundation in carrying out the program au- high quality—’’ and inserting ‘‘include pro- Science Foundation Authorization Act of thorized under paragraph (1). The Board grams that— 1988 (42 U.S.C. 1862g), for each of fiscal years shall be composed of individuals with exper- ‘‘(i) promote high-quality—’’; 2008 through 2011, an amount equal to tise in information and communications (3) in clause (i) (as inserted by paragraph $125,000,000 increased for each such year by technologies, including representatives from (2))— an amount equal to the percentage increase the National Telecommunications and Infor- (A) in subclause (III) (as redesignated by in the appropriation for the National Science mation Administration, the Federal Commu- paragraph (1)), by striking ‘‘for students;’’ Foundation for such fiscal year above the nications Commission, the National Insti- and inserting ‘‘for students, especially total amount appropriated to the National tute of Standards and Technology, and the underrepresented minority and female math- Science Foundation for fiscal year 2007. Department of Defense, and representatives ematics, science, engineering, and tech- SEC. 4009. ENCOURAGING PARTICIPATION. from industry and educational institutions. nology students;’’; (a) MENTORING PROGRAM.—The Director of (3) GRANT PROGRAM.—The Director of the (B) in subclause (V) (as redesignated by the National Science Foundation shall estab- National Science Foundation, in consulta- paragraph (1)), by striking ‘‘and’’ after the lish a program to recruit and provide mention with the Board, shall award grants for semicolon; tors for women who are interested in careers basic research into advanced information (C) in subclause (VI) (as redesignated by in science, technology, engineering, and and communications technologies that will paragraph (1)), by striking ‘‘students.’’ and mathematics by pairing such women who are contribute to enhancing or facilitating the inserting ‘‘students; and’’; and in science, technology, engineering, or math- availability and affordability of advanced (D) by adding at the end the following: ematics programs of study in secondary communications services to all people of the United States. Areas of research to be sup- ‘‘(VII) outreach programs that provide school, community college, undergraduate or ported through the grants include— middle and secondary school students and graduate school with mentors who are work- (A) affordable broadband access, including their science and math teachers opportuni- ing in industry. wireless technologies; ties to increase the students’ and teachers’ (b) ADDITIONAL LEARNING PROGRAM.—The (B) network security and reliability; exposure to engineering and technology;’’; Director shall also establish a program to (C) communications interoperability; and provide grants to community colleges to pro- (D) networking protocols and architec- (4) by adding at the end the following: vide additional learning and other appro- tures, including resilience to outages or at- ‘‘(ii) finance summer internships for math- priate training to allow women to enter tacks; ematics, science, engineering, and tech- higher-paying technical jobs in fields related (E) trusted software; nology undergraduate students; to science, technology, engineering, or math- (F) privacy; ‘‘(iii) facilitate the hiring of additional ematics. (G) nanoelectronics for communications mathematics, science, engineering, and tech- (c) APPLICATIONS.—An institution of higher applications; nology faculty; and education, including a community college, (H) low-power communications electronics; ‘‘(iv) serve as bridges to enable underrep- desiring a grant under this section shall sub- (I) implementation of equitable access to resented minority and female secondary mit an application at such time, in such national advanced fiber optic research and school students to obtain extra mathe- manner, and accompanied by such informa- educational networks in noncontiguous matics, science, engineering, and technology tion as the Director may require. States; and training prior to entering an institution of (d) PROGRAM EVALUATION.—The Director (J) such other related areas as the Direc- higher education.’’. shall establish metrics to evaluate the suc- tor, in consultation with the Board, finds ap- SEC. 4006. MEETING CRITICAL NATIONAL cess of the programs established under sub- propriate. SCIENCE NEEDS. sections (a) and (b) annually and report the (4) CENTERS.—The Director shall award (a) IN GENERAL.—In addition to any other findings and conclusions of the evaluations multiyear grants, subject to the availability criteria, the Director of the National Science annually to Congress. of appropriations, to institutions of higher Foundation shall include consideration of SEC. 4010. CYBERINFRASTRUCTURE. education (as defined in section 101(a) of the the degree to which awards and research ac- In order to continue and expand efforts to tivities that otherwise qualify for support by Higher Education Act of 1965 (20 U.S.C. ensure that research institutions throughout 1001(a)), nonprofit research institutions af- the National Science Foundation may assist the Nation can fully participate in research in meeting critical national needs in innova- filiated with institutions of higher edu- programs of the National Science Founda- tion, competitiveness, the physical and nat- cation, or consortia thereof to establish mul- tion and collaborate with colleagues ural sciences, technology, engineering, and tidisciplinary Centers for Communications throughout the nation, the Director of the mathematics. Research. The purpose of the Centers shall National Science Foundation, within 180 (b) PRIORITY TREATMENT.—The Director be to generate innovative approaches to shall give priority in the selection of awards days after the date of enactment of this Act, problems in communications and informa- and the allocation of National Science Foun- shall develop and publish a plan that de- tion technology research, including the re- dation resources to proposed research activi- scribes the current status of broadband ac- search areas described in paragraph (3). In- ties, and grants funded under the National cess for scientific research purposes in stitutions of higher education, nonprofit re- Science Foundation’s Research and Related States located in EPSCoR-eligible jurisdic- search institutions affiliated with institu- Activities Account, that can be expected to tions and outlines actions which can be tions of higher education, or consortia re- make contributions in physical or natural taken to ensure that such connections are ceiving such grants may partner with 1 or science, technology, engineering, or mathe- available to enable participation in those more government laboratories or for-profit matics, or that enhance competitiveness or National Science Foundation programs entities, or other institutions of higher edu- innovation in the United States. which rely heavily on high-speed networking cation or nonprofit research institutions. (c) LIMITATION.—Nothing in this section and collaborations across institutions and (5) APPLICATIONS.—The Director of the Na- shall be construed to restrict or bias the regions. tional Science Foundation, in consultation grant selection process against funding other SEC. 4011. FEDERAL INFORMATION AND COMMU- with the Board, shall establish criteria for areas of research deemed by the National NICATIONS TECHNOLOGY RE- the award of grants under paragraphs (3) and Science Foundation to be consistent with its SEARCH. (4). Such grants shall be awarded under the mandate nor to change the core mission of (a) ADVANCED INFORMATION AND COMMU- programs on a merit-reviewed competitive the National Science Foundation. NICATIONS TECHNOLOGY RESEARCH.— basis. The Director shall give priority to SEC. 4007. REAFFIRMATION OF THE MERIT-RE- (1) NATIONAL SCIENCE FOUNDATION INFORMA- grants that offer the potential for revolu- VIEW PROCESS OF THE NATIONAL TION AND COMMUNICATIONS TECHNOLOGY RE- tionary rather than evolutionary break- SCIENCE FOUNDATION. SEARCH.—The Director of the National throughs. Nothing in this division or division A, or Science Foundation shall establish a pro- (6) AUTHORIZATION OF APPROPRIATIONS.— the amendments made by this division or di- gram of basic research in advanced informa- Within the amounts authorized to be appro- vision A, shall be interpreted to require or tion and communications technologies fo- priated by section 4001, there are authorized recommend that the National Science Foun- cused on enhancing or facilitating the avail- to be appropriated to the National Science dation— ability and affordability of advanced commu- Foundation to carry out this subsection— (1) alter or modify its merit-review system nications services to all people of the United (A) $45,000,000 for fiscal year 2008; or peer-review process; or States. In developing and carrying out the (B) $50,000,000 for fiscal year 2009; (2) exclude the awarding of any proposal by program, the Director shall consult with the (C) $55,000,000 for fiscal year 2010; and means of the merit-review or peer-review Board established under paragraph (2). (D) $60,000,000 for fiscal year 2011. process. (2) FEDERAL ADVANCED INFORMATION AND (b) NATIONAL INSTITUTE OF STANDARDS AND SEC. 4008. EXPERIMENTAL PROGRAM TO STIMU- COMMUNICATIONS TECHNOLOGY RESEARCH TECHNOLOGY RESPONSIBILITIES.—The Direc- LATE COMPETITIVE RESEARCH. BOARD.—There is established within the Na- tor of the National Institute of Standards Within the amounts authorized to be ap- tional Science Foundation a Federal Ad- and Technology shall continue to support re- propriated by section 4001, there are author- vanced Information and Communications search and support standards development in

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.032 S05MRPT1 ccoleman on PROD1PC60 with SENATE March 5, 2007 CONGRESSIONAL RECORD — SENATE S2623 advanced information and communications ignated to carry out the development and (A) in paragraph (2), by inserting ‘‘and pro- technologies focused on enhancing or facili- implementation of the program. An institu- fessional achievement’’ after ‘‘academic tating the availability and affordability of tion of higher education (or consortium) may merit’’; and advanced communications services to all also include teachers to participate in devel- (B) in paragraph (4), by striking ‘‘for each people of the United States, in order to im- oping the pedagogical content of the pro- year a stipend was received’’; plement the Institute’s responsibilities gram and to supervise students participating (6) in subsection (g)— under section 2(c)(12) of the National Insti- in the program in their field teaching experi- (A) in paragraph (1), by inserting ‘‘or stitute of Standards and Technology Act (15 ences. No institution of higher education (or pend’’ after scholarship; and U.S.C. 272(c)(12)). The Director shall support consortium) shall be eligible for an award (B) by striking paragraph (2) and inserting intramural research and cooperative re- unless faculty from the institution’s mathe- the following: search with institutions of higher education matics, science, or engineering department ‘‘(2) REPAYMENT FOR FAILURE TO COMPLETE (as defined in section 101(a) of the Higher are active participants in the program.’’; SERVICE.— Education Act of 1965 (20 U.S.C. 1001(a)) and ‘‘(A) LESS THAN 1 YEAR OF SERVICE.—If a industry. (3) in subsection (b)— (A) in paragraph (1)— circumstance described in paragraph (1) oc- SEC. 4012. ROBERT NOYCE TEACHER SCHOLAR- curs before the completion of 1 year of a SHIP PROGRAM. (i) in subparagraph (A)— (I) by striking ‘‘scholarship or stipend’’; service obligation under this section, the (a) IN GENERAL.—Section 10 of the National sum of the total amount of awards received Science Foundation Authorization Act of (II) by inserting ‘‘and summer internships’’ by the individual under this section shall be 2002 (42 U.S.C. 1862n–1) is amended— after ‘‘number of scholarships’’; and treated as a loan payable to the Federal Gov- (1) in the section heading, by inserting (III) by inserting ‘‘the type of activities ernment, consistent with the provisions of ‘‘TEACHER’’ after ‘‘NOYCE’’; proposed for the recruitment of students to part B or D of title IV of the Higher Edu- (2) in subsection (a)— the program,’’ after ‘‘intends to award,’’; cation Act of 1965, and shall be subject to re- (A) in paragraph (1)— (ii) in subparagraph (B)— payment in accordance with terms and con- (i) by striking ‘‘to provide scholarships, (I) by striking ‘‘scholarship or stipend’’; ditions specified by the Secretary of Edu- stipends, and programming designed’’; and cation in regulations promulgated to carry (ii) by inserting ‘‘and to provide scholar- (II) by striking ‘‘; and’’ and inserting ‘‘, out this paragraph. ships and stipends to students participating which may include a description of any ex- ‘‘(B) 1 YEAR OR MORE OF SERVICE.—If a cir- in the program’’ after ‘‘science teachers’’; isting programs at the applicant’s institu- cumstance described in subparagraph (D) or and tion that are targeted to the education of (E) of paragraph (1) occurs after the comple- (iii) by inserting ‘‘Teacher’’ after ‘‘Noyce’’; science and mathematics teachers and the tion of 1 year of a service obligation under (B) in paragraph (3)— number of teachers graduated annually from this section, an amount equal to 1⁄2 of the (i) in subparagraph (A)— such programs;’’; and (I) in the matter preceding clause (i)— sum of the total amount of awards received (iii) by striking subparagraph (C) and in- by the individual under this section shall be (aa) by striking ‘‘encourage top college serting the following: juniors and seniors majoring in’’ and insert- treated as a loan payable to the Federal Gov- ‘‘(C) a description of the academic courses ernment, consistent with the provisions of ing ‘‘recruit and prepare undergraduate stu- and clinical teaching experiences required dents to pursue degrees in’’; and part B or D of title IV of the Higher Edu- under subparagraph (A)(ii) or B)(ii) of sub- cation Act of 1965, and shall be subject to re- (bb) by striking ‘‘to become’’ and inserting section (a)(3), including— ‘‘and become qualified as’’; payment in accordance with terms and con- ‘‘(i) a description of the undergraduate pro- ditions specified by the Secretary of Edu- (II) in clause (ii)— gram that will enable a student to graduate (aa) by striking ‘‘programs to help scholar- cation in regulations promulgated to carry in 4 years with a major in mathematics, out this paragraph.’’; ship recipients’’ and inserting ‘‘academic science, or engineering and to obtain teacher courses and clinical teaching experiences de- (7) by redesignating subsection (i) as sub- certification or licensing; signed to prepare students participating in section (k); ‘‘(ii) a description of clinical teaching ex- the program’’; (8) by inserting after subsection (h) the fol- periences proposed; and (bb) by striking ‘‘programs that will result lowing: ‘‘(iii) evidence of agreements between the in’’ and inserting ‘‘such preparation as is applicant and the schools or school districts ‘‘(i) SCIENCE AND MATHEMATICS SCHOLAR- necessary to meet requirements for’’; and that are identified as the locations at which SHIP GIFT FUND.—In accordance with section (cc) by striking ‘‘licensing; and’’ and in- clinical teaching experiences will occur; 11(f) of the National Science Foundation Act serting ‘‘licensing;’’; ‘‘(D) a description of the programs required of 1950, the Director is authorized to accept (III) in clause (iii)— under subparagraph (A)(iii) or (B)(iii) of sub- donations from the private sector to supple- (aa) by striking ‘‘scholarship recipients’’ section (a)(3), including activities to assist and inserting ‘‘students participating in the ment, but not supplant, scholarships, sti- program’’; new teachers in fulfilling their service re- pends, or internships associated with the (bb) by striking ‘‘enable the recipients’’ quirements under this section; and programs under this section. and inserting ‘‘enable the students’’; and ‘‘(E) an identification of the applicant’s mathematics, science, or engineering faculty ‘‘(j) ASSESSMENT OF TEACHER RETENTION.— (cc) by striking ‘‘; or’’ and inserting ‘‘; Not later than 4 years after the date of en- and’’; and and its education faculty who will carry out actment of the America COMPETES Act, the (IV) by adding at the end the following: the development and implementation of the Director shall transmit to Congress a report ‘‘(iv) providing summer internships for program as required under subsection freshman and sophomore students partici- (a)(4).’’; and on the effectiveness of the program carried pating in the program; or’’; and (B) in paragraph (2)— out under this section regarding the reten- (ii) in subparagraph (B)— (i) by redesignating subparagraphs (B) tion of participants in the teaching profes- (I) in the matter preceding clause (i)— through (E) as subparagraphs (C) through sion beyond the service obligation required (aa) by striking ‘‘encourage’’ and inserting (F), respectively; and under this section.’’; ‘‘recruit and prepare’’; and (ii) by inserting after subparagraph (A) the (9) in subsection (k) (as redesignated by (bb) by inserting ‘‘qualified as’’ after ‘‘to following: paragraph (7))— become’’; ‘‘(B) the extent to which the applicant’s (A) by redesignating paragraphs (2) (II) by striking clause (ii) and inserting the mathematics, science, or engineering faculty through (5) as paragraphs (3) through (6), re- following: and its education faculty have worked or spectively; ‘‘(ii) offering academic courses and clinical will work collaboratively to design new or (B) by inserting after paragraph (1) the fol- teaching experiences designed to prepare sti- revised curricula that recognize the special- lowing: pend recipients to teach in elementary ized pedagogy required to teach mathe- ‘‘(2) the term ‘high-need local educational schools and secondary schools, including matics and science effectively in elementary agency’ means a local educational agency or such preparation as necessary to meet re- schools and secondary schools;’’; educational service agency (as defined in sec- quirements for teacher certification or li- (4) in subsection (c)— tion 9101 of the Elementary and Secondary censing;’’; and (A) in paragraph (3)— Education Act of 1965)— (C) by adding at the end the following: (i) by striking ‘‘$7,500’’ and inserting ‘‘(A)(i) that serves not less than 10,000 chil- ‘‘(4) ELIGIBILITY REQUIREMENT.—To be eligi- ‘‘$10,000’’; and dren from low-income families; ble for an award under this section, an insti- (ii) by striking ‘‘of scholarship support’’ ‘‘(ii) for which not less than 20 percent of tution of higher education (or a consortium and inserting ‘‘of scholarship support, unless the children served by the agency are chil- of such institutions) shall ensure that spe- the Director establishes a policy by which dren from low-income families; or cific faculty members and staff from the part-time students may receive additional ‘‘(iii) with a total of less than 600 students mathematics, science, or engineering depart- years of support’’; and in average daily attendance at the schools ment of the institution (or a participating (B) in paragraph (4), by inserting ‘‘, with a that are served by the agency, and all of institution of the consortium) and specific maximum service requirement of 4 years’’ whose schools are designated with a school education faculty members of the institution after ‘‘was received’’; locale code of 6, 7, or 8, as determined by the (or such participating institution) are des- (5) in subsection (d)— Secretary of Education; and

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.032 S05MRPT1 ccoleman on PROD1PC60 with SENATE S2624 CONGRESSIONAL RECORD — SENATE March 5, 2007 ‘‘(B)(i) for which there is a higher percent- for mathematics and science education con- to the teacher institute, and may include age of teachers providing instruction in aca- tinue to work in concert for the benefit of providing stipends as necessary; and demic subject areas or grade levels for which States and local practitioners nationwide. ‘‘(xii) establish a mechanism to provide the teachers are not highly qualified; or SEC. 4014. NATIONAL SCIENCE FOUNDATION supplemental support during the academic ‘‘(ii) for which there is a high teacher turn- TEACHER INSTITUTES FOR THE 21ST year for teacher institute participants to over rate or a high percentage of teachers CENTURY. apply the knowledge and skills gained at the with emergency, provisional, or temporary (a) AUTHORIZATION OF APPROPRIATIONS.— teacher institute. certification or licensure;’’; and Within the amounts authorized to be appro- ‘‘(B) OPTIONAL MEMBERS OF THE PARTNER- (C) in paragraph (4) (as redesignated by priated by section 4001, there are authorized SHIP.—In addition to the partnership require- subparagraph (A)) by inserting ‘‘or had a ca- to be appropriated to carry out the teacher ment under paragraph (2), an institution of reer’’ after ‘‘is working’’; and institutes for the 21st century under para- higher education or eligible nonprofit orga- (10) by adding at the end the following: graphs (3) and (7) of section 9(a) of the Na- nization (or consortium) desiring a grant for ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.— tional Science Foundation Authorization a teacher institute for the 21st century may ‘‘(1) IN GENERAL.—Within the amounts au- Act of 2002 (as amended by subsection (b)) (42 also partner with a teacher organization, thorized to be appropriated by section 4001 of U.S.C. 1862n(a))— museum, or educational partnership organi- the America COMPETES Act and except as (1) $84,000,000 for fiscal year 2008; zation. provided in paragraph (2), there are author- (2) $94,000,000 for fiscal year 2009; ‘‘(C) THEME AND STRUCTURE.—Each year, ized to be appropriated to the Director for (3) $106,000,000 for fiscal year 2010; and not later than 180 days before the application the Robert Noyce Teacher Scholarship Pro- (4) $140,000,000 for fiscal year 2011. deadline for a grant under this section, the gram under this section— (b) TEACHER INSTITUTES FOR THE 21ST CEN- Director shall, in consultation with a broad ‘‘(A) $117,000,000 for fiscal year 2008, of TURY.—Section 9(a) of the National Science group of relevant education organizations, which at least $18,000,000 shall be used for ca- Foundation Authorization Act of 2002 (42 develop a theme and structure for the teach- pacity building activities described in U.S.C. 1862n(a)) is amended— er institutes of the 21st century supported clauses (ii) and (iii) of subsection (a)(3)(A) (1) in paragraph (3)(B), by striking ‘‘sum- under paragraph (3)(B).’’. and clauses (ii) and (iii) of subsection mer or’’ and inserting ‘‘teacher institutes for Mr. INOUYE. Mr. President, innova- (a)(3)(B); the 21st century, as described in paragraph tion and economic competitiveness ‘‘(B) $130,000,000 for fiscal year 2009, of (7),’’; have emerged as top priorities for this which at least $21,000,000 shall be used for (2) by redesignating paragraph (7) as para- such capacity building activities; country. A number of reports have de- graph (8); and tailed the Nation’s need to address our ‘‘(C) $148,000,000 for fiscal year 2010, of (3) by inserting after paragraph (6) the fol- which at least $24,000,000 shall be used for lowing: investment in education and science. such capacity building activities; and ‘‘(7) TEACHER INSTITUTES FOR THE 21ST CEN- The Augustine Commission’s ‘‘Rising ‘‘(D) $200,000,000 for fiscal year 2011, of TURY.— Above the Gathering Storm’’ is often which at least $27,000,000 shall be used for ‘‘(A) IN GENERAL.—Teacher institutes for citied as the clarion call to action. such capacity building activities. the 21st century carried out in accordance As Chairman of the Senate Com- ‘‘(2) EXCEPTION.—For any fiscal year for with paragraph (3)(B) shall— mittee on Commerce, Science, and which the funding allocated for activities ‘‘(i) be carried out in conjunction with a Transportation, I am proud to join my under this section is less than $105,000,000, school served by the local educational agen- colleagues from the Energy and Health, the amount of funding available for capacity cy in the partnership; building activities described in subpara- Education, Labor, and Pensions Com- ‘‘(ii) be science, technology, engineering, mittees in introducing the America graphs (A) through (D) of paragraph (1) shall and mathematics focused institutes that pro- not exceed 15 percent of the allocated vide professional development to elementary COMPETES Act. This bill was pro- funds.’’. school and secondary school teachers during duced in a bipartisan manner that (b) CONFORMING AMENDMENTS.— the summer; brought together these three Senate (1) SECTION 4.—Section 4 of the National ‘‘(iii) serve teachers who are considered committees. Science Foundation Authorization Act of highly qualified (as defined in section 9101 of The Commerce Committee plays a 2002 (42 U.S.C. 1862n note) is amended in the the Elementary and Secondary Education matter preceding paragraph (1) by striking critical role in ensuring this country’s Act of 1965), teach high-need subjects, and ‘‘In this Act:’’ and inserting ‘‘Except as oth- economic and commercial health. We teach in high-need schools (as described in erwise provided, in this Act:’’. have expertise that touches industries section 1114(a)(1) of the Elementary and Sec- (2) SECTION 8.—Section 8(6) of the National ranging from telecommunications to ondary Education Act of 1965); Science Foundation Authorization Act of ‘‘(iv) focus on the theme and structure de- transportation; from the safety of the 2002 (Public Law 107–368) is amended— veloped by the Director under subparagraph home to the security of the homeland; (A) in the paragraph heading, by inserting (C); and from marine containers to marine ‘‘TEACHER’’ after ‘‘NOYCE’’; and ‘‘(v) be content-based and build on school mammals. We have brought this broad (B) by inserting ‘‘Teacher’’ after ‘‘Noyce’’. year curricula that are experiment-oriented, perspective in our efforts to improve SEC. 4013. SENSE OF THE SENATE REGARDING content-based, and grounded in current re- THE MATHEMATICS AND SCIENCE the country’s investment in the vital PARTNERSHIP PROGRAMS OF THE search; components that make us successful. DEPARTMENT OF EDUCATION AND ‘‘(vi) ensure that the pedagogy component At the heart of this investment is THE NATIONAL SCIENCE FOUNDA- is designed around specific strategies that education. Education is the foundation TION. are relevant to teaching the subject and con- upon which scientific research and dis- It is the sense of the Senate that— tent on which teachers are being trained, (1) although the mathematics and science which may include training teachers in the coveries are made. This bill uses edu- education partnership program at the Na- essential components of reading instruction cational programs to inspire students tional Science Foundation and the mathe- for adolescents in order to improve student from kindergarten through graduate matics and science partnership program at reading skills within the subject areas of school to pursue math and science. It the Department of Education practically science, technology, engineering, and mathe- also ensures that the Nation’s enter- share the same name, the 2 programs are in- matics; prise research is well funded and fo- tended to be complementary, not duplica- ‘‘(vii) be a multiyear program that is con- cused on the needs of the Nation. tive; ducted for a period of not less than 2 weeks This bill would double funding for the (2) the National Science Foundation part- per year; National Science Foundation (NSF) nership programs are innovative, model re- ‘‘(viii) provide for direct interaction be- and significantly increase funding for form initiatives that move promising ideas tween participants in and faculty of the in education from research into practice to teacher institute; the National Institute of Standards improve teacher quality, develop challenging ‘‘(ix) have a component that includes the and Technology (NIST). We were also curricula, and increase student achievement use of the Internet; able to include several provisions rein mathematics and science, and Congress ‘‘(x) provide for followup training in the lated to ocean and atmospheric re- intends that the National Science Founda- classroom during the academic year for a pe- search and education. The ocean truly tion peer-reviewed partnership programs riod of not less than 3 days, which may or is the last frontier on Earth, and ocean found to be effective should be put into wider may not be consecutive, for participants in research and technology may have practice by dissemination through the De- the teacher institute, except that for teach- broad implications for improving partment of Education partnership pro- ers in rural local educational agencies, the grams; and followup training may be provided through health and understanding our environ- (3) the Director of the National Science the Internet; ment. Foundation and the Secretary of Education ‘‘(xi) provide teachers participating in the It is vital that we recognize the im- should have ongoing collaboration to ensure teacher institute with travel expense reim- portance of our oceans. The U.S. Com- that the 2 components of this priority effort bursement and classroom materials related mission on Ocean Policy recommended

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.032 S05MRPT1 ccoleman on PROD1PC60 with SENATE March 5, 2007 CONGRESSIONAL RECORD — SENATE S2625 a number of ways to improve ocean development—through elementary, than three dozen licensed research re- education, basic research, and techno- secondary and higher education, and actors in the United States, and three logical innovation. We need to follow workforce training and support, as es- of them are located at Massachusetts through on these recommendations in sential to keeping America on the cut- universities—University of Massachu- order to provide young people with the ting edge of innovation. setts Lowell, Worcester Polytechnic In- opportunity to use a readily available The recent report by the National stitute, and MIT. These colleges will resource for learning and inspiration. Academy of Sciences, ‘‘Rising Above have a vital role as nuclear science ex- This bill is a critical first step in this the Gathering Storm,’’ emphasized pands, and this bill will help expand country’s journey to answering the these recommendations. Two of the re- their programs and establish new ones challenges that lay ahead. We must port’s four major recommendations in- to meet the growing demand. make the necessary investments today volved education as the solution to We must also make the research and to realize the returns in the near fu- meeting the global challenge. The re- development tax credit permanent. The ture. I support this legislation and look port set out a broad roadmap for keep- incentive provided by the credit has led forward to its thorough consideration ing America competitive, but it to quality jobs, better and safer prod- before the Senate. prioritized investment in education ucts, greater productivity and a Mr. KENNEDY. Mr. President, fami- over all other recommendations. stronger and more robust national lies across America are facing serious The National Association of Manu- economy. A growing number of coun- challenges in today’s global economy. facturers has also issued a report urg- tries recognize the importance of re- The value of their wages is declining, ing renewed focus on education and search and development spending to fu- the cost of living is going up, and many training to keep American businesses ture economic growth, and they now of their jobs are being shipped over- competitive. offer more generous R&D tax incen- seas. Last week, the National Governors tives than the United States. The top 6 We must respond to this challenge to Association released its ‘‘Innovation pharmaceutical companies, and Amer- ensure that our citizens can still America’’ plan, which outlines oppor- ican high tech companies like Micro- achieve the American dream. We have tunities for Federal investment to help soft, Intel and GE have all opened ad- the best workers in the world, and we spur innovation in the states. Here vanced R&D facilities in India. We must prepare them to compete and suc- again, improving education and access must give American companies the cer- ceed in the global economy. to high quality job training take cen- tainty that our tax incentives will con- America has long been at the fore- ter stage. tinue year after year and will not ex- front in innovation, invention, and It is clear that we must act, and pire, so that they can choose to main- education. But other countries are today we are taking a step toward put- tain these high-skilled jobs here at catching up and surpassing us. ting America back on the right track. home, to keep America at the cutting America’s 15 year olds scored below I am pleased to join a number of my edge as a leader in innovation in the average in math and science literacy colleagues today in reintroducing the global economy. compared to the youth of other devel- ‘‘America COMPETES Act,’’ or the R&D investments also depend on a oped nations on the most recent inter- ‘‘America Creating Opportunities to talented pool of well-trained individ- national assessment by the Programme Meaningfully Promote Excellence in uals who can make discoveries and sci- for International Student Assessment. Technology, Education, and Science entific breakthroughs. Jobs in science We are losing ground in overall high Act.’’ The bill is identical to legisla- and engineering are expected to in- school and college graduation rates. tion we introduced last year, but the crease 70 percent faster than those in The U.S. has dropped below the average need for action is even more important other fields over the next 6 years. graduation rate for OECD countries. today to keep America competitive in To ensure that Americans are well- Out of 24 nations, the U.S. ranks 14th, the years to come. trained for these jobs, we must improve just ahead of Portugal. The legislation responds to many of education at all levels—from the very Since 1975, the U.S. has dropped from the recommendations in the ‘‘Gath- early years in a child’s life all the way 3rd to 15th place in the production of ering Storm’’ and other recent reports; through doctoral study and beyond— scientists and engineers. it takes important steps to encourage especially in math, science, engineer- Federal investment in research and innovation in America as a way to cre- ing and technology. development is essential to keep us ate jobs and move our economy for- International comparisons of student competitive, but federal dollars have ward. Often, as we know, it is federally achievement show that the United been shrinking as a share of the econ- funded research that primes the pump States is slipping behind other coun- omy. Funding for government research for technological, medical and sci- tries, but detailed analysis shows that programs has fallen in real terms and entific breakthroughs. The bill will the picture is more complex. The real is less than in 2004. double basic research funding by the problem lies in the serious and perva- At the same time, fast-growing National Science Foundation by 2011. sive achievement gap in this country economies such as China, Ireland, and It also puts us on a strong course to between higher income students and South Korea are realizing the potential doubling basic research funding by the lower income students and between for economic growth that comes with Department of Energy. white students and students of color. investing in innovation. China’s invest- In addition, the legislation creates a On the most recent test comparing ment in research and development rose President’s Council on Innovation and student achievement in industrial na- from $12.4 billion in 1991 to $84.6 billion Competitiveness, based on successful tions, white students in the United in 2003, an average increase of 17 per- models being used in established and States performed better than the aver- cent a year. Over the same period, the emerging economies in Europe and age for all countries in both math lit- increase in U.S. investment averaged Asia. The Council will bring together eracy and problem-solving, while their only 4 to 5 percent annually. the heads of federal agencies with lead- Hispanic and African American peers Study after study tells us that we ers in business and academia to develop did worse. Low-income students in the need major new investments in edu- a comprehensive agenda to promote in- U.S. performed worse than their high- cation and in research and develop- novation. Japan for some time has had income peers, and also performed worse ment to stay ahead. We cannot just a similar council, and Ireland—the than other low-income students in over tinker at the margins and expect to re- Celtic Tiger—has already had extraor- half of the developed countries sur- tain our leadership in the global econ- dinary success in expanding its R&D veyed. omy. We have a responsibility to make strength since it established its council If we can close this achievement gap, the investments that are necessary to two years ago. and guarantee all children in this coun- our progress—a responsibility to our The bill also strengthens programs at try a world-class education, we can put people, our economy, our nation, and college and universities to encourage America back at the top of the list. To our national security. renewed interest in nuclear science. do so, we need to renew and improve Last year, the Council on Competi- Massachusetts has long been a leader upon the important reforms in the No tiveness urged a focus on lifelong skill in nuclear research. There are fewer Child Left Behind Act this year. As we

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.025 S05MRPT1 ccoleman on PROD1PC60 with SENATE S2626 CONGRESSIONAL RECORD — SENATE March 5, 2007 do so, we must make a strong commit- creases—to teachers who commit to the legislation relies on the resources ment to adequately fund those reforms. teach in the highest need schools, of the Department of Energy to assist We must also invest in teachers. Re- where the unique challenges make the in the effort to improve math and search shows that having a high qual- schools the hardest to staff. I look for- science education. The National Labs ity teacher for five years in a row can ward to working with my colleagues as at the Department of Energy can have overcome the average 7th grade mathe- the bill moves forward to add this crit- a critical role in these efforts, and so matics achievement gap between lower ical component to the effort. can the more than 300 colleges and uni- income and higher income children. In addition to providing a high qual- versities across the country conducting But almost half of math classes ity teacher in every classroom, we research supported by the Department taught in high poverty and high minor- must also ensure that children in low- of Energy. I appreciate my colleagues’ ity schools are taught by teachers income school districts have access to efforts to ensure that the resources of without a college major or minor in the same college preparatory classes the Department of Energy are used to math or a related field. The problem is that more affluent school districts are enhance educational opportunities for even more serious in middle schools—70 able to provide—and, importantly, that children not only in the states that percent of math classes in these they have the preparation they need to host National Labs, but across the schools are taught by a teacher who succeed in those classes. To do so, the country. doesn’t even have a minor in math. bill expands access to Advanced Place- It is also becoming increasingly im- Our bill recognizes and responds to ment and International Baccalaureate portant for students to become exposed the critical need to recruit and train classes as well as pre-AP and pre-IB to and immersed in critical foreign lan- high quality math, science, technology courses, especially in high need guages and cultures. In recent years, and engineering teachers to teach in schools, and creates a program to im- foreign language needs have signifi- schools with the greatest need, so that prove instruction in math for elemen- cantly increased throughout the public we can begin to close the achievement tary and middle school students and and private sector due to the presence gap and ensure that all American stu- provide targeted help to students of a wider range of security threats, dents can compete on a level playing struggling with the subject. the emergence of new nation states, field with their peers in other nations. The bill also addresses the critical and the globalization of the U.S. econ- The bill provides a 10-fold increase in need to ensure our education system is omy. the Robert Noyce Teacher Scholarship preparing students for the challenges Currently, the U.S. government uses Program at the National Science Foun- they will face after graduation from tens of thousands of employees with dation to recruit math, science, engi- high school. foreign language skills in 100 languages neering and technology students and According to recent research, the na- and more than 80 Federal agencies. In professionals to become teachers in tion loses over $3.7 billion a year in the addition, American businesses increas- high-need school districts. cost of remedial education and lost ingly need employees experienced in It provides grants to institutions of earning potential because students are foreign languages and international higher education to create under- not adequately prepared to enter col- cultures to manage a culturally diverse graduate programs that integrate the lege when they leave high school. workforce. study of math, science, engineering, or For students directly entering the For students to become proficient in critical need foreign language with workforce, 60 percent of employers in a these critical foreign languages, they teacher education, modeled on the suc- survey conducted by the National As- must have access to a sustained course cessful U-Teach program at the Univer- sociation of Manufacturers said that a of study, beginning in the early grades. sity of Texas. It also helps institutions high school diploma did not adequately But currently, only one-third of stu- create part-time master’s degree pro- prepare a typical student with even dents in grades 7–12 and a mere 5 per- grams to improve the content knowl- basic skills to qualify for an entry level cent of elementary school students edge and teaching skills of current job. study a foreign language. teachers. In both of these programs, Many states have recognized the need Even fewer study critical need for- universities would partner with high- to better align elementary and sec- eign languages. Only about 24,000 of ap- need school districts to ensure that ondary school standards, curricula, and proximately 54 million elementary and these resources go where they are need- assessments with the demands of col- secondary school children in the ed most. lege, the 21st century workforce and United States are studying Chinese. In The bill expands the Teacher Insti- the Armed Forces. Our bill provides contrast, more than 200 million chil- tutes for the 21st Century Program at grants to assist states in those efforts. dren in China study English—a compul- the National Science Foundation to The grants would support state P–16 sory subject for all Chinese primary provide cutting-edge summer profes- councils that bring together leaders in school students. sional development programs for the early education, K–12, and higher The bill begins to address these needs teachers who teach in high-need education communities, in the business by providing grants to institutions of schools. It also creates a summer insti- sector, and in the military to improve higher education and local educational tute program in the Department of En- the rigor of elementary and secondary agencies to work in partnerships to ergy to strengthen the math and education and prepare students for the create programs of study in critical science teaching skills of elementary postsecondary challenges they will foreign languages for students from el- and secondary school teachers. face. ementary school through postsec- Recruitment and training of good These provisions will help spur the ondary education. teachers are important, but so is reten- development of more rigorous stand- These programs and investments will tion of good teachers. Each year, over ards, as well as innovative curricula help prepare our students to compete 200,000 teachers leave the profession—6 that engage our children in learning in the 21st century, but if we are seri- percent of the teaching workforce. and inspire a new generation of sci- ous about keeping America competi- High attrition rates mean that one of entists and engineers. It will assist tive, there is still more we can—and every two teachers hired will com- states in the work they are doing to must—do. pletely drop out of teaching within 5 create new disciplines in engineering A college degree is fast becoming the years-just when they have gained the and technology at the elementary price of admission to participation in experience needed to consistently im- school level to teach students the prac- the global economy. Today, over 60 per- prove student achievement. tical applications of math and science. cent of jobs require some postsec- To be successful in closing the The National Center for Technological ondary training, and the number is ris- achievement gap, we must also do more Literacy at the Museum of Science in ing rapidly. Such jobs bring higher pay to see that teachers have an incentive Boston is at the forefront of these ef- as well. A recent study by the to stay in their classrooms once they forts. Organisation for Economic Co-oper- are there. In addition to the education pro- ation and Development shows that in We should provide financial incen- grams at the Department of Education the United States, earnings of people tives—through fellowships or salary in- and the National Science Foundation, with a post-secondary degree are 72

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.046 S05MRPT1 ccoleman on PROD1PC60 with SENATE March 5, 2007 CONGRESSIONAL RECORD — SENATE S2627 percent higher on average than those First, we need to level the playing it does represent is the beginning of a with only a high school diploma. field in the competition for good jobs. strong commitment that we will need But with soaring costs and stagnant Americans have nothing to fear from to sustain and build on if America is to financial aid, college is increasingly competition that’s fair. But it’s not remain competitive in the years ahead. out of reach for students and families. fair when Americans are competing It’s gratifying that this bill has strong Research shows that 400,000 students a with foreign workers who lack basic bipartisan support, because that sup- year do not go to a four-year college protections such as child labor laws, a port is critical to ensuring that these because they cannot afford it. 170,000 minimum wage, or the right to orga- proposals become a reality. do not go to college at all. nize. It’s not fair when U.S. companies Words alone will not keep America When our troops returned home from cut costs by exploiting and abusing for- competitive. This legislation must be World War II, we created the GI Bill eign workers. more than a promise. I look forward to and sent them to college to learn the We need to exercise global leadership working with my colleagues as the bill skills they would need in the changing in promoting fair wages and safe work- moves forward to ensure that Congress world. The pay off to the nation was ing conditions for workers around the provides the new investments essential immense. The economy reaped an esti- world, reward companies that treat to fully support these important pro- mated $7 in benefit for every dollar in- their foreign workforces fairly, and be posals. vested in that effort. a strong voice in sanctioning those Americans know how to rise to chal- In recent decades however, federal countries that will not play by the lenges and come out ahead. We’ve done grant aid has dwindled and the grants rules. it before and we can do it again. We don’t go as far as they used to. Thirty Beyond these basic steps to level the rose to the challenge after World War years ago, seventy-seven percent of the playing field, we owe a particular duty II with the GI Bill. We rose to the So- federal assistance provided to students to American workers who are losing viet Union’s challenge of Sputnik in was in the form of grants, but in recent their jobs because of trade. We all ben- 1957 by passing the National Defense years the number has dropped to twen- efit from the lower prices and variety Education Act, and we went on to in- ty percent. of products that globalization provides, spire the nation in the next decade by With college costs skyrocketing, the but many of our most vulnerable work- sending a man to the moon and by dou- value of the Pell Grant has not kept ers are paying the price. We’ve lost bling the federal investment in edu- pace. To ensure the prosperity of our nearly 3 million manufacturing jobs cation. families and the nation, we must open since 2001, and service sector jobs are We need the same bold commitment the doors of college to all by restoring now moving overseas as well. These are now to help the current generation the Pell Grant as the foundation of the good, middle-class jobs, with decent meet and master the global challenges student aid system. we now face. The America COMPETES Last year, Congress squandered an wages and benefits that form the core Act can be an effective first step. I look opportunity to significantly increase of the American middle class. Our response to globalization must forward to working with my colleagues aid for low income students. The Sen- address the disappearance of good jobs. to improve upon the bill as it moves ate passed a bill that would have immediately increased the Pell grant We must create the good jobs of the fu- forward and to expand on these efforts from $4,050 to $4,500. But this increase ture. We must eliminate tax incentives in the months to come to make this es- was rejected, and the funds were used for companies to ship jobs overseas. We sential initiative as effective as pos- instead to pay for tax giveaways for must give fair warning to workers who sible. Mr. LIEBERMAN. Mr. President, I the wealthiest Americans. are at risk of losing their jobs to over- Last month, under the new Demo- seas competition, so that they can plan rise today in support of the America cratic leadership, Congress made a for their futures. We must strengthen COMPETES Act. I am pleased to join strong down payment to help low-in- our commitment to help workers who Senators REID and MCCONNELL in intro- come families afford college by raising lose their jobs to adjust to the new ducing this bipartisan bill that ad- the maximum Pell grant for the first economy, with well-funded training dresses the challenges in keeping the time since 2003 from $4,050 to $4,310. and income assistance programs that U.S. competitive in the global econ- I know many of my colleagues on ease the transition to new employ- omy. The Council on Competitiveness, both sides of the aisle agree that high- ment. through their ‘‘Innovate America’’ reer education is the key to keeping Fulfilling our commitment to Amer- port, and the National Academies, America competitive, and I look for- ican workers also demands that we through the ‘‘Rising Above the Gath- ward to working with them to build on give them their fair share of the eco- ering Storm’’ report, made it clear that this down payment as we reauthorize nomic growth that globalization we owe the economic vitality of the the Higher Education Act this year to brings. Both houses of Congress have Nation to the productivity of highly ensure that the cost of college is not a now voted overwhelmingly to raise the trained people and the innovations barrier to full participation in the new minimum wage to $7.25 an hour, and they produce. This bill addresses rec- economy. that vital legislation should reach the ommendations in these reports to sup- We need to reform the federal stu- President’s desk soon. But that’s only port the Nation’s future health, vital- dent aid system to redirect excessive a first step. We need to do much more ity and economic prosperity. lender subsidies into additional help to promote good jobs and ensure that Only 29 percent of Americans believe and support for students and families, workers get their fair share of eco- the United States has the most innova- including increased need-based aid, nomic growth. We also must give work- tive economy in the world. Nearly half making student loans more manage- ers a stronger voice in the new econ- choose China or Japan instead. Why? able, and providing loan forgiveness for omy by protecting their right to orga- The No. 1 reason cited by Americans is individuals in public sector careers. nize and form a union. that these other countries are more We must also do more to address the If we truly want to be competitive in committed to their education, their devastating impacts of the global econ- the global economy, we need to address youth or their schools. We need this to omy on American workers and their these challenges facing the American change. families. workforce head on. Our employees de- This bill addresses new and expanded Our workers are facing global com- serve greater job security in the approaches to science education and repetition that is often fundamentally present, and better job opportunities in search to meet the future needs of our unfair, but this bill does nothing to the future. I hope that the same bipar- children and the Nation. Tests show level the playing field or to help ease tisan coalition that has worked to- that U.S. students are behind other de- the burden of their transition to the gether so effectively on this competi- veloped nations in math and science. global economy. To truly improve our tiveness bill can also work together to We also found out in February that national competitiveness, we must ad- address these important issues for seniors in high school cannot read as dress all aspects of this challenge. We America’s working families. well as seniors back in 1992. This is cannot continue to ignore the plight of The legislation we are introducing telling us that in some areas we are working Americans. today is not a complete package. What moving backwards. A good education is

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.047 S05MRPT1 ccoleman on PROD1PC60 with SENATE S2628 CONGRESSIONAL RECORD — SENATE March 5, 2007 every child’s way to realize his and her outcomes. Accountability for high traditional disciplinary boundaries. It American dream. We must keep mov- school graduation numbers and drop- is also intended to facilitate diversity ing forward. out rates is important to addressing in student participation, and to con- We need to consider how we can help education reform in our high schools. tribute to a world-class, broadly inclu- our Nation’s top universities lead some States and schools need data systems sive, and globally engaged science and of their best and brightest students, es- to trace successful educational out- engineering workforce. pecially in STEM and critical foreign comes back to specific programs, This legislation further addresses the languages, into successful teaching ca- coursework and interventions. They issue of improving talent in scientific reers. This bill encourages integrated need to know what works and what disciplines by expanding the existing college math, science, engineering and doesn’t work. STEM Talent Expansion Program, foreign language programs with teach- Unique identifier for students from STEP, to the scope originally intended. er development programs to produce pre-kindergarten through college will The STEP, or Tech Talent program, certified, knowledgeable teachers in permit States to analyze school which I first proposed in October 2001, areas with critical needs. The resulting progress. Test results, grades, college- provides competitive grants to under- teachers will have the teaching creden- readiness assessments, assigned teach- graduate institutions to develop new tials and, importantly, the necessary ers and whether students needed reme- methods of increasing the number of content expertise in STEM disciplines dial courses in college can all go into students earning degrees in science, with the hope of improving student in- the data system. This information math, and engineering. It is essential terest and achievement in STEM areas should provide feedback to make need- that we increase the number of college and critical foreign languages. ed improvements while expanding and graduates with the skills to contribute New teachers are but a small portion rewarding areas of success. to the science and technology work- of those teaching in STEM classrooms The legislation specifies that the force, yet this program has never been each year across the country. These unique student identifier could be a bar fully funded. new instructors need support and men- code. That is appropriate. Bar codes The Department of Energy’s Office of toring from established teachers. This and scanners were created and ex- Science is the principal Federal agency for research in high energy physics, nu- bill supports master’s degree programs panded in the U.S. in part through fed- clear physics, and fusion energy for existing teachers seeking to en- erally funded research. The National sciences. This legislation puts the Of- hance their content knowledge, teach- Science Foundation, NSF, funded re- fice of Science on a doubling track, ing skills and leadership in STEM and search on scanners starting back in the over 10 years, reaching more than $5.2 foreign languages. Teachers in these 1970s that made accurate bar codes a billion in 2011. We create important programs study part-time over 2 to 3 reality. Few realized at the time the educational opportunities through Cen- years to obtain master’s degrees. These eventual widespread use of the tech- ters of Excellence in Mathematics and programs also prepare them for leader- nology. But this is an example of the Science. These centers bring together ship roles in their schools through par- kinds of basic research investments in our premier National Laboratories as ticipation in, for example, mentoring innovation and ingenuity that drive partners with high-need high schools. activities, math and science cur- much of our economy. National Laboratories also will host NSF is the principal agency sus- riculum enhancements, teacher devel- summer teacher institutes and will taining basic research in all science opment, and student achievement eval- provide expert assistance to teachers and engineering fields. Basic research uations and assessments. at specialty schools in math and It is troubling that many students outcomes have led to many important science. with their newly-obtained high school innovations, stimulating economic The bill also creates an ‘‘Innovation diplomas find themselves unprepared growth and improving the quality of Acceleration Grants’’ program to stim- for college or the workforce. It is time life for all Americans. This legislation ulate high-risk research by setting a to ensure that high schools prepare increases the Nation’s investment in goal for Federal research agencies to their students for the future. To do this this innovation by doubling the overall allocate no less than 8 percent of their right, States must start aligning what funding for NSF from approximately current R&D budgets to breakthrough children learn starting in kinder- $5.6 billion in 2006 to $11.2 billion in research—the kind of research that garten, or earlier, to meet the evolving 2011. NSF’s three strategic goals for its gave us fiber optics, the Internet and higher education and business needs for portfolio are discovery, learning, and countless other technologies relied on the 21st century and beyond. research infrastructure. These goals every day in this country and around High schools are not preparing stu- match up directly with the three pri- the world. We anticipate this funding dents for college or the workforce. We mary areas of the America Competes would be used for ‘‘grand challenges’’ know that middle and high school stu- Act: increased research investment, and other transformation research at dents engaged in challenging STEM education, and innovative infra- the frontiers of discovery and innova- coursework attend and succeed in col- structure. tion. We must continue to encourage lege at a greater rate than those who To encourage more students to enter the groundbreaking experimentation follow programs of study without rig- technical professions, this legislation and longer term outlook that made orous content. What happens to the increases Federal support for STEM this country great. others? To start, more than a quarter graduate fellowships and trainee pro- I am pleased to join my colleagues in of college students end up taking reme- grams by expanding the NSF Graduate this bipartisan effort to address the dial classes. The percentage is much Research Fellowship Program by 1,250 science, technology and education higher, more than two in five, at insti- fellowships. These fellowships follow needs that will fuel innovation and tutions with large minority enroll- the students permitting the greatest continue to drive American growth and ments. We need to prepare for the fu- flexibility in choosing graduate pro- prosperity. I urge my colleagues to co- ture through college-ready course con- grams that best fit their needs and in- sponsor this legislation and support its tent and appropriate assessment stand- terests. passage. ards all the way up through our high We also expand the NSF Integrated Mrs. HUTCHISON. Mr. President, I school and continue that rigor until Graduate Education and Research am delighted to join our distinguished completion of college. I am pleased Traineeship, IGERT, program by 1,250 Majority and Minority Leaders in in- that this legislation contains many of new traineeships. In the IGERT pro- troducing and cosponsoring the Amer- the components of S. 109–2337, the Col- gram, grants are awarded to univer- ica COMPETES Act. This is an essen- lege Pathways Act of 2006, a bill I in- sities to develop cross-disciplinary tial and important first step in ad- troduced to increase access to postsec- training programs for students in areas dressing critical challenges facing our ondary education through better align- including science, math, engineering, Nation in an increasingly competitive ment of curriculum and enhanced data and policy. The program is intended to global economy. America must be a systems. produce a change by establishing inno- leader in scientific research and edu- High-quality data systems are also vative new models for graduate education. It is in the best interest of both critical to improve schools and student cation and training that reach across our national and economic security.

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\G05MR6.019 S05MRPT1 ccoleman on PROD1PC60 with SENATE March 5, 2007 CONGRESSIONAL RECORD — SENATE S2629 This bill renews and expands our na- competitive posture. I encourage all of that the use of illegal steroids among tional focus on strengthening key my colleagues to join in cosponsoring adolescents is beginning to decline. areas of research, education and inno- this bill and working with us at the ap- While this is good news, an alarming vation. It is the product of a truly bi- propriate time to ensure its passage by number of young people are still turn- partisan effort, undertaken with the this body and its enactment into law. ing to these dangerous drugs to im- blessing and encouragement of the Sen- prove performance, appearance, or ate leadership and by the leadership of By Mr. GRASSLEY (for himself, their self image. the three principal committees with Mr. MCCAIN, and Mr. DURBIN): Even more widespread however, is jurisdiction over these matters: the S. 762. A bill to include the use of over the counter supple- Committee on Commerce, Science, and dehydroepiandrosterone as an anabolic ments. Many young people turn to Transportation, the Committee on En- steroid; to the Committee on the Judi- these ‘‘supplements’’ as an alternative ergy and Natural Resources, and the ciary. to already illegal steroids, mistakenly Committee on Health, Education, Mr. GRASSLEY. Mr. President. I rise believing that because they are sold Labor, and Pensions. Mr. President, I today to introduce a bill that would over the counter, they must be safe. am proud to be part of this bipartisan further expand the definition of ana- Yet, many of these over the counter initiative to provide new resources to bolic steroids under the Controlled ‘‘supplements’’ actually produce the support these competitiveness pro- Substances Act to include DHEA. I am same dangerous effects on the body as grams. pleased to be joined in this bi-partisan illegal steroids, some even become This legislation increases research effort by my colleagues Senator steroids in the blood stream. investment by doubling the authorized MCCAIN and Senator DURBIN. In the year following Mark funding levels for the National Science Eight years ago, baseball fans every- McGwire’s record breaking 70 home-run Foundation (NSF) from approximately where were witness to history as Roger season, sales of andro surged by more $5.6 billion in fiscal year 2007 to $11.2 Maris’ 37 year old single season record than 1000 percent. In 2004, we took ac- billion in fiscal year 2011. It doubles of 61 home-runs was finally broken. tion to control sales of these dangerous funding for the Department of Energy’s Mark McGwire and Sammy Sosa cap- drugs and protect the unsuspecting Office of Science over 5 years, from $3.6 tivated the public as their chase for the public. Yet as I speak today, one ana- billion in fiscal year 2006 to over $5.2 home-run record unfolded in living bolic steroid remains on the shelves of billion in fiscal year 2011. rooms everywhere. Three years later, health stores around the country. This Another vital focus of the bill is to Barry Bonds of the San Francisco Gi- potentially harmful steroid can be strengthen educational opportunities ants set a new record when he hit an bought by anyone, at any age and within science, technology, engineering, unthinkable 73 home-runs in just one out consulting a physician first. mathematics and critical foreign lan- season. Now, with another Major DHEA, is a steroid hormone that guages. It authorizes competitive League Baseball season just around the when ingested in the body, is converted grants to States to promote better co- corner, the 42 year old Barry Bonds is into other more powerful steroid hor- ordination of elementary and sec- on the brink of breaking the all time mones including Andro and Testos- ondary education with the knowledge home-run record held by the great terone. Both Andro and Testosterone and skills needed for success in post- Hank Aaron. are already controlled by the DEA secondary education, the workforce A lot has changed since that historic under the Controlled Substances Act. DHEA like all other steroids, may and the U.S. Armed Forces. Another 1998 season though. We now know that cause a number of long-term physical key emphasis is strengthening the Mark McGwire had been taking an over and psychological effects. Women could skills of thousands of math and science the counter testosterone boosting sup- experience facial hair growth, scalp teachers through support for the plement known as ‘‘Andro’’ at the time hair loss, deepening of the voice, and Teachers Institutes for the 21st Cen- he broke the home-run record. A few increased girth. Men could experience tury Program at NSF. years later, an anonymous phone call increased blood pressure or breast en- As Ranking Member of the Space, sparked what has since become the largement. Unfortunately, side effects Aeronautics and Related Sciences Sub- largest doping scandal in professional associated with hormones don’t always committee of the Commerce Com- sports history. The BALCO scandal as appear right away. While these effects mittee, and a member of the Science, it is famously known today, has ex- may be mild at low doses, according to Technology and Innovation Sub- posed numerous top athletes across a many experts high levels of DHEA committee, I am especially pleased wide range of sports and continues to might promote liver damage and can- that this legislation ensures that both this day. In fact, just this week, we cer of the breast or prostate over time. NASA and NSF are able to expand learned that investigators found evi- The truth is we know very little about their strong traditional roles in fos- dence that testosterone and other per- DHEA’s long term effects. tering technological and scientific ex- formance enhancing drugs may have In addition, because DHEA is mar- cellence. The language we have crafted been illegally purchased over the inter- keted as a dietary supplement rather increases essential NASA funding to net by current and former Major than a medicine, companies distrib- support basic research and foster new League Baseball and NFL players, col- uting DHEA products are not required innovation by calling for full use of ex- lege athletes, high school coaches, a to prove their safety and effectiveness isting budget authority that we pro- former Mr. Olympia champion, and an- to the Food and Drug Administration. vided within the 2005 NASA Authoriza- other top contender in the body build- Therefore, it is impossible to tell if tion Act. Under the terms of this legis- ing competition. these products are 100 percent pure or lation and the previous authorization, The publicity generated from these whether you are getting the same the Congress could provide an addi- doping scandals even spurred Congress amount of DHEA the label claims. In tional $1.4 billion dollars in fiscal year into action. In 2004, we passed legisla- fact, in 2000, the Good Housekeeping 2008 for application towards these action expanding the list from 23 to 59 Research Group examined 8 popular tivities, above what has been re- anabolic steroids that are now regu- DHEA products with ‘‘antiaging’’ quested. By directing NASA’s full par- lated by the DEA, including ‘‘Andro’’. claims and found that 5 of the 8 brands ticipation in inter-agency efforts for Legislation has also been introduced sent to an independent lab for testing, competitiveness and innovation, this that would force Major League Base- failed to accurately state the level of legislation points the way for the Ad- ball and other professional sports DHEA labeled on their product. ministration to now make use of that leagues, to strengthen their testing While often cited as an anti-aging additional authority in supporting procedures and set new minimum pen- pill, some advertisements do specifi- projects that can help meet these im- alties for any violations of the policy. cally target athletes. Take for example portant competitiveness and innova- While all this publicity has helped to this advertisement on tion goals. raise public awareness about the dan- www.bodybuilding.com: This bill represents an important gers of illegal performance enhancing DHEA is HOT, and you will see why. As a first step in our efforts to meet the in- drugs, much work remains to be done. pre-cursor hormone, it leads to the produc- creasing challenges to our Nation’s Some recent studies appear to indicate tion of other hormones. When this compound

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.028 S05MRPT1 ccoleman on PROD1PC60 with SENATE S2630 CONGRESSIONAL RECORD — SENATE March 5, 2007 is supplemented, it has shown to have awe- legislation that would again allow This year Congress will reauthorize some effects. States to use Federal funds to provide the SCHIP program and it is my hope Here is another advertisement found critical healthcare services to pregnant that we will finally eliminate the un- on AST Sports Sciences, women and children. I want to thank fair ban on legal immigrant children If you’re a bodybuilder, and want to in- Senator SNOWE for partnering with me and pregnant woman by incorporating crease lean body mass at the expense of body on this bipartisan effort. the Immigrant Children’s Health Im- fat, actual studies show this supplement may All across New York and America, provement Act into the reauthoriza- significantly alter body composition, favor- legal immigrants work hard, pay taxes, tion of SCHIP. I look forward to working lean mass accrual. and exercise their civic responsibil- ing with Senator SNOWE and my col- DHEA is already banned by the ities. I see examples of this every day leagues to enact this bill into law. Olympics, the World Anti-Doping in New York. They fight for our coun- Agency, the National Collegiate Ath- try in the military. They contribute to By Mr. DURBIN (for himself, Mr. letic Association, the National Foot- our Nation’s competitiveness and eco- OBAMA, Ms. MURKOWSKI, and ball League, the National Basketball nomic growth. They help revitalize Ms. MIKULSKI): Association and minor league baseball, neighborhoods and small towns across S.J. Res. 5. A joint resolution pro- yet under current Federal law it enjoys the country. And most are fiercely claiming Casimir Pulaski to be an hon- special protections. proud to call themselves Americans. orary citizen of the United States post- In 2005, as Major League Baseball and Yet, in 1996, Congress denied safety humously; to the Committee on the Ju- their steroid policy were coming under net services to legal immigrants who diciary. increasingly heavy fire, the top med- had been in the country for less than Mr. DURBIN. Mr. President, I rise today to introduce S.J. Res. 5, hon- ical advisor to the League turned the five years. Today, Senator SNOWE and I oring the valor of General Casimir Pu- tables on us as lawmakers, referring to are introducing legislation that would laski, who made the ultimate sacrifice DHEA and accusing us of failing to take a first step towards correcting in pursuit of American freedom. This write a zero tolerance steroids policy that injustice. The Legal Immigrant Resolution would grant posthumous into Federal law. Children’s Health Improvement Act honorary citizenship to General Pu- With that in mind, I am pleased to will allow States to use Federal funds laski. introduce this legislation today, which to make the State Children’s Health Insurance Program (SCHIP) and Med- Casimir Pulaski was a young soldier would put these potentially dangerous whose activities to advance Polish lib- steroids behind the counter where they icaid available to legal immigrant pregnant women and children who are erty’’ from Russian influence led to his belong. We must make every effort to exile from Poland. In Paris, he met keep ALL steroids out of the hands of within the five year ban. There is tremendous need for this Benjamin Franklin and was inspired to children and protect unsuspecting con- legislation. An Urban Institute study join the Continental Army in its fight sumers. DHEA is not a food supple- found that children of immigrants for American independence. ment, and should be treated as every under the age of 6 years are two times On September 11, 1777, Casimir Pu- other testosterone boosting substance as likely to be in fair or poor health laski fought with distinction in the in the steroid family. compared to same-age children of na- Battle of Brandywine. His bravery and I encourage my colleagues to join in tives, whereas 6 to 17 year old children abilities in battle averted an American support of this legislation. of immigrants are almost three times defeat and saved the life of George I send the draft of this legislation to as likely to be in fair or poor health. Washington. That same year, Pulaski the desk and ask unanimous consent While most children receive preventa- wrote to George Washington, ‘‘I came that the text of this bill be printed in tive medical care, such as vaccines and here, where freedom is being defended, the RECORD. routine dental care, too often immi- to serve it, and to live or die for it.’’ There being no objection, the text of grant children do not. They are forced Casimir Pulaski was promoted to the bill was ordered to be printed in to forego treatment and can ultimately Brigadier General and, as General, con- the RECORD, as follows: end up seeking needed care in emer- tinued to provide great leadership. In Be it enacted by the Senate and House of Rep- gency rooms—the least cost-effective 1779, at the siege of Charleston, South resentatives of the United States of America in Carolina, he helped to fend off British Congress assembled, place to provide care. To make matters worse, minor illnesses, which would be forces. Later that year, his letter to SECTION 1. INCLUSION OF George Washington proved prophetic DEHYDROEPIANDROSTERONE. easily treated by a pediatrician, may Section 102(41)(A) of the Controlled Sub- snowball into life-threatening condi- when in October, during a major offen- stances Act (21 U.S.C. 802(41)(A)) is amend- tions. sive against British forces in Savan- ed— And women without access to pre- nah, Georgia, Pulaski was mortally (1) in the matter preceding clause (i), by natal care are four times more likely wounded. He died at sea, aboard the striking ‘‘corticosteroids, and to deliver low birth weight infants and U.S.S. Wasp, on October 11, 1779. dehydroepiandrosterone’’ and inserting ‘‘and seven times more likely to deliver pre- General Pulaski’s life and death in- corticosteroids’’; maturely than women who receive pre- spired his contemporaries just as he in- (2) by redesignating clauses (x) through spires us today. Shortly after his (xlx) as clauses (xi) through (xlxi), respec- natal care, according to the Institute of Medicine. All of these health out- death, the Continental Congress re- tively; and solved to build a monument in his (3) by inserting after clause (ix) the fol- comes are costly to society and to the lowing: individuals involved. honor; one that proved to be the first ‘‘(x) dehydroepiandrosterone (androst-5-en- Today, 16 States, including New York of many. In 1825, General Lafayette, an 3β-ol-17-one);’’. and Maine, use State funds to provide honorary American citizen, laid the healthcare services to legal immigrant cornerstone for the Pulaski monument By Mrs. CLINTON (for herself, pregnant women and children within in Savannah, Georgia. In 1929, Congress Ms. SNOWE, Mr. BINGAMAN, Mr. the five year waiting period. An addi- resolved that October 11 of each year NELSON of Florida, Mr. KERRY, tional six States provide some cov- would be Pulaski Day in the United Mr. DURBIN, and Ms. CANT- erage to either pregnant woman or States, and several states have fol- WELL): children. lowed this example. In 1973, my own S. 764. A bill to amend title IXX and The Legal Immigrant Children’s state of Illinois designated the first XXI of the Social Security Act to per- Health Improvement has been endorsed Monday of March as Pulaski Com- mit States the option of coverage of by a wide range of organizations in- memorative Day and in 1986 declared legal immigrants under the Medicaid cluding Asian American Justice Cen- that day to be a state holiday. There Program and the State children’s ter, Catholic Health Association, Na- are countless schools, streets, and me- health insurance program (SCHIP); to tional Immigration Law Center, Na- morials across the country that bear the Committee on Finance. tional Health Law Program, Families his name, and honor his great contribu- Mrs. CLINTON. Mr. President, today USA, and National Council of La Raza tions. I am introducing the Legal Immigrant and I want to thank them for their sup- We in Illinois are privileged to have a Children’s Health Improvement Act, port. large and vibrant Polish-American

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.048 S05MRPT1 ccoleman on PROD1PC60 with SENATE March 5, 2007 CONGRESSIONAL RECORD — SENATE S2631 community. From Casimir Pulaski to Whereas even with the tremendous gains the last century, and is a day on which peo- legendary artists like Ignacy Jan Pade- for women during the past 20 years, women ple, often divided by ethnicity, language, rewski, the Polish people have contrib- still face political and economic obstacles, culture, and income, come together to cele- uted a great deal to Illinois, and to this struggle for basic rights, face discrimina- brate a common struggle for women’s equal- tion, and are targets of gender-based vio- ity, justice, and peace: Now, therefore, be it country. Chicago is home to the Polish lence all over the world; Resolved, That the Senate— American Congress, which encompasses Whereas women remain vastly underrep- (1) supports the goals of ‘‘International three thousand Polish organizations resented worldwide in national and local leg- Women’s Day’’; across the county, as well as the Polish islatures, accounting on average for less (2) recognizes and honors the women in the Museum of America. The Polish-Amer- than 10 percent of the seats in legislatures in United States and in other countries who ican community also has a large pres- most countries, and in no developing region have fought and continue to struggle for gen- ence in the Illinois National Guard do women hold more than 8 percent of legis- der equality and women’s rights; which has enjoyed a long-standing rela- lative positions; (3) reaffirms its commitment to ending dis- tionship with the Polish Air Force. Whereas women work two-thirds of the crimination and violence against women and I am honored to rise today, on Pu- world’s working hours and produce half of girls, to ensuring the safety and welfare of the world’s food, yet earn only 1 percent of women and girls, and to pursuing policies laski Commemorative Day, to intro- the world’s income and own less than 1 per- that guarantee the basic rights of women duce this Resolution to grant post- cent of the world’s property; and girls both in the United States and in humous honorary citizenship to Gen- Whereas, in the United States between 1995 other countries; eral Casimir Pulaski. Honorary citizen- and 2000, female managers earned less than (4) urges the President to reaffirm his com- ship is a proper tribute to a man who their male counterparts in the 10 industries mitment to pursue policies to protect the gave his labor and life to the cause of that employ the vast majority of all female health and rights of women and girls; and American independence. When we employees; (5) encourages the people of the United think of our Nation’s struggle for free- Whereas, of the 1,300,000,000 people living in States to observe International Women’s poverty around the world, 70 percent are dom in its early years, we also must Day with appropriate programs and activi- women; ties. think of Casimir Pulaski and his indel- Whereas, according to the United States Mr. BIDEN. Mr. President, I rise ible contribution to our Nation’s birth. Agency for International Development, two- today to submit a Senate resolution f thirds of the 876,000,000 illiterate individuals worldwide are women, two-thirds of the designating March 8, 2007, as Inter- SUBMITTED RESOLUTIONS 125,000,000 school-aged children who are not national Women’s Day. Since 1911, attending school worldwide are girls, and International Women’s Day has pro- girls around the world are less likely to com- vided a chance for people all over the SENATE RESOLUTION 93—SUP- plete school than boys; world to pause and observe the remark- PORTING THE GOALS OF ‘‘INTER- Whereas women account for half of all able steps that women have made in NATIONAL WOMEN’S DAY’’ cases of HIV/AIDS worldwide, approximately their fight for equality and recommit 42,000,000 cases, and in countries with a high Mrs. BOXER (for Mr. BIDEN (for him- prevalence of HIV, young women are at a themselves to dosing lingering gender self, Mrs. BOXER, Ms. CANTWELL, Mrs. higher risk than young men of contracting disparities. I am particularly pleased CLINTON, Mrs. FEINSTEIN, Ms. HIV; that I am joined by a tremendous KLOBUCHAR, Ms. LANDRIEU, Ms. MIKUL- Whereas each year over 500,000 women group of women who are original co- SKI, Mrs. MURRAY, and Ms. STABENOW)) globally die during childbirth or pregnancy; sponsors of today’s measure, Senators submitted the following resolution; Whereas domestic violence causes more BOXER, CANTWELL, CLINTON, FEINSTEIN, which was referred to the Committee deaths and disabilities among women be- KLOBUCHAR, LANDRIEU, MIKULSKI, MUR- tween the ages of 15 and 44 than cancer, ma- on the Judiciary: RAY and STABENOW. These nine sen- laria, traffic accidents, and war; S. RES. 93 Whereas worldwide at least 1 out of every ators are living testament to the Whereas there are more 3,000,000,000 women 3 women and girls has been beaten in her progress and promise of women’s in the world, representing 49.7 percent of the lifetime, and usually the abuser is a member achievements. They are trailblazers world’s population; of the victim’s family or is someone else and role models to whom we owe a Whereas women continue to play the pre- known to the victim; great deal of gratitude. dominant role in caring for families within Whereas, according to the Centers for Dis- Besides the steady increase in the the home, as well as increasingly supporting ease Control and Prevention, at least 1 out of number of women senators, I need only their families economically by working out- every 6 women and girls in the United States look down the hallway to see another side the home; has been sexually abused in her lifetime; Whereas women worldwide participate in Whereas, in the Unites States, one-third of sign of extraordinary progress in 2007— diplomacy and politics, contribute to the the women murdered each year are killed by the first ever woman Speaker of House, growth of economies, and improve the qual- current or former husbands or boyfriends; Representative NANCY PELOSI. Similar ity of the lives of their families, commu- Whereas 130,000,000 girls and young women electoral accomplishments can be nities, and countries; worldwide have been subjected to female found in other countries. For instance, Whereas women leaders have recently genital mutilation and it is estimated that Michelle Bachelet became the first fe- made significant strides, including through 10,000 girls are at risk of being subjected to male President of Chile and Ellen the 2007 election of Representative Nancy the practice in the United States; Johnson-Sirleaf became first female Pelosi as the first female Speaker of the Whereas, according to the Congressional United States House of Representatives, the Research Service and the Department of President in Liberia in the history of 2006 election of Michelle Bachelet as the first State, illegal trafficking in women and chil- Africa. In 2005, Angela Merkel became female President of Chile, the 2006 election dren for forced labor, domestic servitude, or the first female Chancellor of Ger- of Ellen Johnson-Sirleaf as President of Li- sexual exploitation involves between 600,000 many. beria and the first female President in the and 900,000 women and children each year, of Of course, participation in the polit- history of Africa, and the 2005 election of An- whom 17,500 are transported into the United ical process is but one marker of wom- gela Merkel as the first female Chancellor of States; en’s empowerment and equal footing. Germany and who will also serve in 2007 as Whereas between 75 and 80 percent of the Access to education, economic secu- the second woman to chair a G–8 summit; world’s 27,000,000 refugees are women and rity, employment nondiscrimination, Whereas women now account for 80 percent children; of the world’s 70,000,000 micro-borrowers, 75 Whereas, in Iraq, women are increasingly eradication of poverty, equality before percent of the 28,000 United States loans sup- becoming the targets of violence by Islamic the law, access to HIV/AIDS prevention porting small business in Afghanistan are extremists, street gangs, and elements with- and other health care services, and given to women, and 11 women are chief ex- in the anti-occupation insurgency; freedom from gender-based violence, ecutive officers of Fortune 500 companies in Whereas, in Darfur, a growing number of including human trafficking—these are the United States; women and girls are being raped, mainly by all critical benchmarks of women’s Whereas, in the United States, women are militia members who use sexual violence as progress. graduating from high school and earning a weapon of war; An essential component to achieving bachelor’s degrees and graduate degrees at Whereas, in Afghanistan, Safia Ama Jan, gender equality is ending violence rates greater than men, with 88 percent of the former Director of Women’s Affairs, be- women between the ages of 25 and 29 having came the first female assassinated since the against women—an issue about which I obtained high school diplomas and 31 percent fall of the Taliban; and care deeply. The time is now to con- of women between the ages of 25 of 29 having Whereas March 8 of each year has been centrate our energies on efforts to end earned bachelor’s degrees; known as ‘‘International Women’s Day’’ for domestic and sexual violence abroad.

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.041 S05MRPT1 ccoleman on PROD1PC60 with SENATE S2632 CONGRESSIONAL RECORD — SENATE March 5, 2007 Last year Congress passed the Violence mitted the following resolutions; which SA 339. Mr. WYDEN (for himself, Mr. Against Women Act of 2005, an accom- was considered and agreed to: LIEBERMAN, Ms. COLLINS, and Mr. SMITH) submitted an amendment intended to be pro- plishment that shows real consensus S. RES. 94 and momentum to end gender-based vi- posed by him to the bill S. 4, supra; which Whereas the United States must remain was ordered to lie on the table. olence and heal America’s families. vigilant against all threats to the homeland, SA 340. Mr. ROCKEFELLER submitted an The United Nations and the World including acts of terrorism, natural disas- amendment intended to be proposed to Health Organizations have released ters, and other emergencies; amendment SA 275 proposed by Mr. REID (for ground-breaking studies on the preva- Whereas the Department of Homeland Se- himself, Mr. LIEBERMAN, and Ms. COLLINS) to lence and impact of domestic violence curity marks its 4th anniversary on March 1, the bill S. 4, supra; which was ordered to lie 2007; on the table. globally. Finally, international service Whereas the more than 208,000 employees organizations are finding that their ef- SA 341. Mr. COLEMAN submitted an of the Department work tirelessly to carry amendment intended to be proposed to forts to help women in the field, be it out the complex mission of securing the Na- amendment SA 275 proposed by Mr. REID (for opening the school doors to girls or tion from terrorism and natural hazards himself, Mr. LIEBERMAN, and Ms. COLLINS) to getting HIV/AIDS medicine to young through protection, prevention, response, the bill S. 4, supra; which was ordered to lie women, are ultimately ineffectual if we and recovery as well as serving the public ef- on the table. do not help these same women escape fectively by facilitating lawful trade, travel, SA 342. Ms. COLLINS (for herself, Mr. STE- from violent homes. and immigration; VENS, Mr. VOINOVICH, Mr. WARNER, Mr. Furthermore, gender-based violence Whereas the Department’s employees sac- SUNUNU, and Mr. GRASSLEY) proposed an rifice time with their families to work long is pervasive in conflicts around the amendment to amendment SA 275 proposed hours to fulfill the Department’s vital mis- by Mr. REID (for himself, Mr. LIEBERMAN, and globe. In Darfur, women are systemati- sion; and Ms. COLLINS) to the bill S. 4, supra. cally raped as a weapon of war. In Af- Whereas the Nation is indebted to the De- SA 343. Ms. CANTWELL (for herself, Mr. ghanistan, Safia Ama Jan, became the partment’s employees for their labors: Now, DODD, and Mr. FEINGOLD) submitted an first female assassinated since the fall therefore, be it amendment intended to be proposed by her of the Taliban. Just last week, two Resolved, That the Senate honors the em- to the bill S. 4, supra; which was ordered to Iraqi women accused the Iraqi national ployees of the Department of Homeland Se- lie on the table. curity for their substantial contributions to security forces of gang-raping them in SA 344. Mr. LAUTENBERG (for himself, protecting the Nation on the 4th anniversary Mr. BROWNBACK, Mr. MENENDEZ, Mr. REID, Baghdad headquarters. This year’s of the Department. and Mrs. CLINTON) submitted an amendment theme for International Women’s Day f intended to be proposed to amendment SA is ‘‘Ending Impunity for Violence 275 proposed by Mr. REID (for himself, Mr. Against Women and Girls’’—a fitting AMENDMENTS SUBMITTED AND LIEBERMAN, and Ms. COLLINS) to the bill S. 4, mandate for all of us. PROPOSED supra; which was ordered to lie on the table. I am working on legislative measures SA 332. Mr. LIEBERMAN (for himself, Ms. SA 345. Mr. COBURN submitted an amend- to fight the global epidemic of gender- COLLINS, and Mr. CARDIN) submitted an ment intended to be proposed to amendment based violence. In addition, Inter- amendment intended to be proposed to SA 275 proposed by Mr. REID (for himself, Mr. amendment SA 275 proposed by Mr. REID (for LIEBERMAN, and Ms. COLLINS) to the bill S. 4, national Women’s Day is also a perfect supra; which was ordered to lie on the table. opportunity for the Administration to himself, Mr. LIEBERMAN, and Ms. COLLINS) to the bill S. 4, to make the United States more SA 346. Mr. INOUYE (for himself and Mr. review its position and support ratifi- secure by implementing unfinished rec- STEVENS) submitted an amendment intended cation of the International Women’s ommendations of the 9/11 Commission to to be proposed to amendment SA 275 pro- Rights Treaty (formally known as the fight the war on terror more effectively, to posed by Mr. REID (for himself, Mr. Convention on the Elimination of All improve homeland security, and for other LIEBERMAN, and Ms. COLLINS) to the bill S. 4, purposes; which was ordered to lie on the supra; which was ordered to lie on the table. Forms of Discrimination Against SA 347. Mr. SESSIONS proposed an amend- table. Women (CEDAW)). I whole heartedly ment to amendment SA 275 proposed by Mr. support this human rights treaty that SA 333. Mr. LEAHY (for himself, Mr. THOM- AS, Mr. STEVENS, Mr. ROBERTS, Mr. PRYOR, REID (for himself, Mr. LIEBERMAN, and Ms. brings together in one document wom- Mr. SANDERS, Mr. ENZI, and Mr. HATCH) sub- COLLINS) to the bill S. 4, supra. en’s economic, social, cultural, civil mitted an amendment intended to be pro- SA 348. Mr. WYDEN (for himself and Mr. and political rights and is an impor- posed to amendment SA 275 proposed by Mr. BOND) submitted an amendment intended to be proposed by him to the bill S. 4, supra; tant tool for women rights advocates REID (for himself, Mr. LIEBERMAN, and Ms. which was ordered to lie on the table. around the globe. COLLINS) to the bill S. 4, supra; which was or- I’ve said it before, but it bears re- dered to lie on the table. f peating: Ending the systemic discrimi- SA 334. Mr. BUNNING submitted an TEXT OF AMENDMENTS nation of women is not just a woman’s amendment intended to be proposed by him to the bill S. 4, supra; which was ordered to SA 332. Mr. LIEBERMAN (for him- issue, it is not just the responsibility of lie on the table. self, Ms. COLLINS, and Mr. CARDIN) sub- heads of state or Nobel Peace Prize SA 335. Mrs. FEINSTEIN (for herself, Mr. mitted an amendment intended to be winners, it is everyone’s moral respon- CORNYN, Mr. LAUTENBERG, Mrs. HUTCHISON, proposed to amendment SA 275 pro- sibility. You cannot build peace and Mrs. BOXER, Mr. SCHUMER, Mrs. CLINTON, Mr. posed by Mr. REID (for himself, Mr. you cannot build democracy when half OBAMA, Mr. MENENDEZ, Mr. KERRY, Mr. COBURN, and Mr. CASEY) submitted an LIEBERMAN, and Ms. COLLINS) to the of the population is not free. And no bill S. 4, to make the United States country can reach its full potential amendment intended to be proposed to amendment SA 275 proposed by Mr. REID (for more secure by implementing unfin- when women are not allowed to fully himself, Mr. LIEBERMAN, and Ms. COLLINS) to ished recommendations of the 9/11 contribute. Spreading democracy must the bill S. 4, supra. Commission to fight the war on terror mean empowering women, ending do- SA 336. Mr. SCHUMER (for himself and more effectively, to improve homeland mestic and sexual violence and holding Mrs. CLINTON) submitted an amendment in- security, and for other purposes; which abusers fully accountable. I urge my tended to be proposed to amendment SA 275 proposed by Mr. REID (for himself, Mr. was ordered to lie on the table; as fol- colleagues to join our Resolution to lows: Commemorate International Women’s LIEBERMAN, and Ms. COLLINS) to the bill S. 4, supra. On page 54, strike line 5 and all that fol- Day on March 8th and thank advocates SA 337. Mr. SCHUMER (for himself and lows through page 57, line 9, and insert the everywhere who work day in and day Mrs. CLINTON) submitted an amendment in- following: out I to improve women’s lives. tended to be proposed to amendment SA 275 ‘‘(a) GRANTS AUTHORIZED.—The Secretary, f proposed by Mr. REID (for himself, Mr. through the Administrator, may award LIEBERMAN, and Ms. COLLINS) to the bill S. 4, grants to State, local, and tribal govern- SENATE RESOLUTION 94—HON- supra. ments for the purposes of this title. ORING THE EMPLOYEES OF THE SA 338. Mr. OBAMA (for himself, Mr. WAR- ‘‘(b) PROGRAMS NOT AFFECTED.—This title DEPARTMENT OF HOMELAND SE- NER, Mr. COBURN, Ms. LANDRIEU, Mr. KEN- shall not be construed to affect any author- CURITY ON THE 4TH ANNIVER- NEDY, Mr. MENENDEZ, Mrs. CLINTON, and Mr. ity to award grants under any of the fol- SARY OF THE DEPARTMENT SCHUMER) submitted an amendment intended lowing Federal programs: to be proposed to amendment SA 275 pro- ‘‘(1) The firefighter assistance programs Mr. VOINOVICH (for himself, Mr. posed by Mr. REID (for himself, Mr. authorized under section 33 and 34 of the AKAKA, Mr. LIEBERMAN, Mr. STEVENS, LIEBERMAN, and Ms. COLLINS) to the bill S. 4, Federal Fire Prevention and Control Act of Mr. WARNER, and Ms. COLLINS) sub- supra; which was ordered to lie on the table. 1974 (15 U.S.C. 2229 and 2229a).

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.049 S05MRPT1 ccoleman on PROD1PC60 with SENATE March 5, 2007 CONGRESSIONAL RECORD — SENATE S2633 ‘‘(2) The Urban Search and Rescue Grant On page 91, strike line 16 and insert the fol- ‘‘Sec. 2005. Terrorism prevention. Program authorized under the Robert T. lowing: ‘‘Sec. 2006. Restrictions on use of funds. Stafford Disaster Relief and Emergency As- ‘‘SEC. 2008. ACCOUNTABILITY. ‘‘Sec. 2007. Administration and coordina- sistance Act (42 U.S.C. 5121 et seq.). On page 94, lines 13 and 14, strike ‘‘the tion. ‘‘(3) Grants to protect critical infrastruc- Homeland Security Grant Program’’ and in- ‘‘Sec. 2008. Accountability. ture, including port security grants author- ‘‘Sec. 2009. Auditing. sert ‘‘grants made under this title’’. ‘‘Sec. 2010. Sense of the Senate.’’. ized under section 70107 of title 46, United On page 97, strike lines 7 and 8 and insert States Code. the following: TITLE III—COMMUNICATIONS OPERABILITY AND INTEROPERABILITY ‘‘(4) The Metropolitan Medical Response ‘‘SEC. 2009. AUDITING. System authorized under section 635 of the ‘‘(a) AUDITS OF GRANTS.— On page 126, between lines 14 and 15, insert Post-Katrina Emergency Management Re- On page 104, strike line 7 and all that fol- the following: form Act of 2006 (6 U.S.C. 723). lows through page 105, line 9, and insert the TITLE IV—EMERGENCY MANAGEMENT ‘‘(5) Grant programs other than those ad- following: PERFORMANCE GRANTS PROGRAM ministered by the Department. ‘‘(d) DEFINITION.—In this section, the term SEC. 401. EMERGENCY MANAGEMENT PERFORM- ‘‘(c) RELATIONSHIP TO OTHER LAWS.— ‘Emergency Management Performance ANCE GRANTS PROGRAM. ‘‘(1) IN GENERAL.—The grant programs au- Grants Program’ means the Emergency Man- Section 622 of the Post-Katrina Emergency thorized under this title shall supercede all agement Performance Grants Program under Management Reform Act of 2006 (6 U.S.C. grant programs authorized under section 1014 section 662 of the Post-Katrina Emergency 763) is amended to read as follows: of the USA PATRIOT Act (42 U.S.C. 3714). Management Reform Act of 2006 (6 U.S.C. 763; ‘‘SEC. 622. EMERGENCY MANAGEMENT PERFORM- ‘‘(2) PROGRAM INTEGRITY.—Each grant pro- Public Law 109–295). ANCE GRANTS PROGRAM. gram under this title, section 1809 of this ‘‘SEC. 2010. SENSE OF THE SENATE. ‘‘(a) DEFINITIONS.—In this section: Act, or section 662 of the Post-Katrina Emer- ‘‘It is the sense of the Senate that, in order ‘‘(1) POPULATION.—The term ‘population’ gency Management Reform Act of 2006 (6 to ensure that the Nation is most effectively means population according to the most re- U.S.C. 763) shall include, consistent with the able to prevent, prepare for, protect against, cent United States census population esti- Improper Payments Information Act of 2002 respond to, recovery from, and mitigate mates available at the start of the relevant (31 U.S.C. 3321 note), policies and procedures against all hazards, including natural disas- fiscal year. for— ters, acts of terrorism, and other man-made ‘‘(2) STATE.—The term ‘State’ has the ‘‘(A) identifying activities funded under disasters— meaning given that term in section 101 of the any such grant program that are susceptible Homeland Security Act of 2002 (6 U.S.C. 101). to significant improper payments; and ‘‘(1) the Department should administer a coherent and coordinated system of both ter- ‘‘(b) IN GENERAL.—There is an Emergency ‘‘(B) reporting the incidence of improper Management Performance Grants Program payments to the Department. rorism-focused and all-hazards grants, the essential building blocks of which include— to make grants to States to assist State, ‘‘(3) ALLOCATION.—Except as provided local, and tribal governments in preparing ‘‘(A) the Urban Area Security Initiative under paragraph (2) of this subsection, the for, responding to, recovering from, and and State Homeland Security Grant Pro- allocation of grants authorized under this mitigating against all hazards. gram established under this title (including title shall be governed by the terms of this ‘‘(c) APPLICATION.— funds dedicated to law enforcement ter- title and not by any other provision of law. ‘‘(1) IN GENERAL.—Each State may apply ‘‘(d) MINIMUM PERFORMANCE REQUIRE- rorism prevention activities); for a grant under this section, and shall sub- MENTS.— ‘‘(B) the Emergency Communications mit such information in support of an appli- ‘‘(1) IN GENERAL.—The Administrator Operability and Interoperable Communica- cation as the Administrator may reasonably shall— tions Grants established under section 1809; require. and ‘‘(A) establish minimum performance re- ‘‘(2) ANNUAL APPLICATIONS.—Applicants for quirements for entities that receive home- ‘‘(C) the Emergency Management Perform- grants under this section shall apply or re- land security grants; ance Grants Program authorized under sec- apply on an annual basis for grants distrib- ‘‘(B) conduct, in coordination with State, tion 662 of the Post-Katrina Emergency Man- uted under the program. regional, local, and tribal governments re- agement Reform Act of 2006 (6 U.S.C. 763); ‘‘(d) ALLOCATION.—Funds available under ceiving grants under this title, section 1809 and the Emergency Management Performance of this Act, or section 662 of the Post-Katrina ‘‘(2) to ensure a continuing and appropriate Grants Program shall be allocated as fol- Emergency Management Reform Act of 2006 balance between terrorism-focused and all- lows: (6 U.S.C. 763), simulations and exercises to hazards preparedness, the amounts appro- ‘‘(1) BASELINE AMOUNT.— test the minimum performance requirements priated for grants under the Urban Area Se- ‘‘(A) IN GENERAL.—Except as provided in established under subparagraph (A) for— curity Initiative, State Homeland Security subparagraph (B), each State shall receive an On page 66, between lines 19 and 20, insert Grant Program, and Emergency Manage- amount equal to 0.75 percent of the total the following: ment Performance Grants Program in any funds appropriated for grants under this sec- UTHORIZATION OF APPROPRIATIONS.— ‘‘(h) A fiscal year should be in direct proportion to tion. There are authorized to be appropriated for the amounts authorized for those programs ‘‘(B) TERRITORIES.—American Samoa, the grants under this section— for fiscal year 2008 under the amendments Commonwealth of the Northern Mariana Is- ‘‘(1) for fiscal year 2007, such sums as are made by titles II and IV, as applicable, of the lands, Guam, and the Virgin Islands each necessary; Improving America’s Security Act of 2007.’’. shall receive an amount equal to 0.25 percent ‘‘(2) for each of fiscal years 2008, 2009, and On page 106, strike lines 1 through 9, and of the amounts appropriated for grants under 2010, $1,278,639,000; and insert the following: this section. ‘‘(3) for fiscal year 2011, and each fiscal (b) TABLE OF CONTENTS.—The table of con- ‘‘(2) PER CAPITA ALLOCATION.—The funds re- year thereafter, such sums as are necessary. tents in section 1(b) of the Homeland Secu- On page 77, strike line 3 and all that fol- maining for grants under this section after rity Act of 2002 (6 U.S.C. 101 note) is amended allocation of the baseline amounts under lows through page 80, line 7, and insert the by striking the items relating to title XVIII following: paragraph (1) shall be allocated to each State and sections 1801 through 1806, as added by in proportion to its population. ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— the SAFE Port Act (Public Law 109–347; 120 ‘‘(3) CONSISTENCY IN ALLOCATION.—Notwith- There are authorized to be appropriated for Stat. 1884), and inserting the following: grants under this section— standing paragraphs (1) and (2), in any fiscal ‘‘(1) for fiscal year 2007, such sums as are ‘‘TITLE XIX—DOMESTIC NUCLEAR year in which the appropriation for grants necessary; DETECTION OFFICE under this section is equal to or greater than ‘‘(2) for each of fiscal years 2008, 2009, and ‘‘Sec. 1901. Domestic Nuclear Detection Of- the appropriation for Emergency Manage- 2010, $913,180,500; and fice. ment Performance Grants in fiscal year 2007, ‘‘(3) for fiscal year 2011, and each fiscal ‘‘Sec. 1902. Mission of Office. no State shall receive an amount under this year thereafter, such sums as are necessary. ‘‘Sec. 1903. Hiring authority. section for that fiscal year less than the ‘‘Sec. 1904. Testing authority. ‘‘SEC. 2005. TERRORISM PREVENTION. amount that State received in fiscal year ‘‘Sec. 1905. Relationship to other Depart- On page 84, strike line 19 and insert the fol- 2007. ment entities and Federal agen- lowing: ‘‘(e) ALLOWABLE USES.—Grants awarded cies. under this section may be used to prepare ‘‘SEC. 2006. RESTRICTIONS ON USE OF FUNDS. ‘‘Sec. 1906. Contracting and grant making On page 85, line 25, strike ‘‘611(j)(8)’’ and for, respond to, recover from, and mitigate authorities. insert ‘‘611(j)(9)’’. against all hazards through— On page 86, line 2, strike ‘‘5196(j)(8))’’ and ‘‘TITLE XX—HOMELAND SECURITY ‘‘(1) any activity authorized under title VI insert ‘‘5196(j)(9))’’. GRANTS or section 201 of the Robert T. Stafford Dis- On page 87, strike line 22 and insert the fol- ‘‘Sec. 2001. Definitions. aster Relief and Emergency Assistance Act lowing: ‘‘Sec. 2002. Homeland Security Grant Pro- (42 U.S.C. 5195 et seq. and 5131); ‘‘SEC. 2007. ADMINISTRATION AND COORDINA- gram. ‘‘(2) any activity permitted under the Fis- TION. ‘‘Sec. 2003. Urban Area Security Initiative. cal Year 2007 Program Guidance of the De- On page 89, line 7, strike ‘‘under this title’’ ‘‘Sec. 2004. State Homeland Security Grant partment for Emergency Management Per- and insert ‘‘under section 2003 or 2004’’. Program. formance Grants; and

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.033 S05MRPT1 ccoleman on PROD1PC60 with SENATE S2634 CONGRESSIONAL RECORD — SENATE March 5, 2007 ‘‘(3) any other activity approved by the Ad- unfinished recommendations of the 9/11 firearm that are generally imposed on any ministrator that will improve the emergency Commission to fight the war on terror other Federal law enforcement officer who management capacity of State, local, or more effectively, to improve homeland has statutory authority to carry a firearm. tribal governments to coordinate, integrate, security, and for other purposes; which ‘‘(5) LOCKED DEVICES.— and enhance preparedness for, response to, ‘‘(A) NO REQUIREMENT TO USE.—A Federal recovery from, or mitigation against all-haz- was ordered to lie on the table; as fol- flight deck officer may not be required to ards. lows: carry or transport a firearm in a locked bag, ‘‘(f) COST SHARING.— On page 69, lines 19 and 20, strike ‘‘0.45 per- box, or container. ‘‘(1) IN GENERAL.—Except as provided in cent’’ and insert ‘‘0.75 percent’’. ‘‘(B) REQUIREMENT TO PROVIDE.—Upon re- subsection (i), the Federal share of the costs quest of a Federal flight deck officer, the of an activity carried out with a grant under SA 334. Mr. BUNNING submitted an Secretary shall provide a secure locking de- this section shall not exceed 50 percent. amendment intended to be proposed by vice or other appropriate container for stor- ‘‘(2) IN-KIND MATCHING.—Each recipient of a him to the bill S. 4, to make the United age of a firearm by the Federal flight deck grant under this section may meet the States more secure by implementing officer.’’. matching requirement under paragraph (1) unfinished recommendations of the 9/11 (c) DUE PROCESS.—Section 44921 of title 49, by making in-kind contributions of goods or United States Code, is amended by adding at services that are directly linked with the Commission to fight the war on terror the end the follow new subsection: purpose for which the grant is made. more effectively, to improve homeland ‘‘(l) DUE PROCESS.—Not later than 90 days ‘‘(g) DISTRIBUTION OF FUNDS.—The Admin- security, and for other purposes; which after the date of enactment of the Improving istrator shall not delay distribution of grant was ordered to lie on the table; as fol- America’s Security Act of 2007, the Sec- funds to States under this section solely be- lows: retary shall establish procedures for the ap- cause of delays in or timing of awards of peal of adverse decisions or actions. Such At the appropriate place, insert the fol- other grants administered by the Depart- procedures shall provide timely notice of the lowing: ment. action or decision, including specific reasons ‘‘(h) LOCAL AND TRIBAL GOVERNMENTS.— SEC. lll. FEDERAL FLIGHT DECK OFFICERS. for the action or decision.’’. ‘‘(1) IN GENERAL.—In allocating grant funds (a) IN GENERAL.—Section 44921(a) of title (d) IDENTIFICATION AND SCREENING.—Sec- received under this section, a State shall 49, United States Code, is amended to read as tion 44921 of title 49, United States Code, as take into account the needs of local and trib- follows: amended by subsection (c), is further amend- al governments. ‘‘(a) ESTABLISHMENT.—The Secretary of ed by adding at the end the following new ‘‘(2) INDIAN TRIBES.—States shall be respon- Homeland Security shall establish the Fed- subsections: sible for allocating grant funds received eral flight deck officer program to deputize ‘‘(m) CREDENTIALS.—The Secretary shall under this section to tribal governments in eligible pilots as Federal law enforcement of- issue to each Federal flight deck officer order to help those tribal communities im- ficers to defend against acts of criminal vio- standard Federal law enforcement creden- prove their capabilities in preparing for, re- lence or air piracy. Such an officer shall be tials, including a distinctive metal badge, sponding to, recovering from, or mitigating known as a ‘Federal flight deck officer’.’’. that are similar to the credentials issued to against all hazards. Tribal governments shall (b) AUTHORITY TO CARRY FIREARMS.—Sec- other Federal law enforcement officers. be eligible for funding directly from the tion 44921(f) of title 49, United States Code, is ‘‘(n) SECURITY INSPECTIONS.—A Federal States, and shall not be required to seek amended to read as follows: flight deck officer may not be subject to funding from any local government. ‘‘(f) AUTHORITY TO CARRY FIREARMS.— greater routine security inspection or ‘‘(i) EMERGENCY OPERATIONS CENTERS IM- ‘‘(1) IN GENERAL.—The Secretary shall au- screening protocols at or in the vicinity of PROVEMENT PROGRAM.— thorize a Federal flight deck officer to carry an airport than the protocols that apply to ‘‘(1) IN GENERAL.—The Administrator may a firearm on the officer’s person. Notwith- other Federal law enforcement officers.’’. award grants to States under this section to standing subsection (c)(1), the officer may (e) REPORTS TO CONGRESS.—Section 44921 of plan for, equip, upgrade, or construct all-haz- purchase a firearm and carry that firearm in title 49, United States Code, as amended by ards State, local, or regional emergency op- accordance with this section if the firearm is subsections (c) and (d), is further amended by erations centers. of a type that may be used under the pro- adding at the end the following new sub- ‘‘(2) REQUIREMENTS.—No grant awards gram. section: under this section (including for the activi- ‘‘(2) PREEMPTION.—Notwithstanding any ‘‘(o) REPORTS TO CONGRESS.— ties specified under this subsection) shall be other provision of Federal, State, or local ‘‘(1) REPORTS ON PROGRAM.—Not less often used for construction unless such construc- law, a Federal flight deck officer may carry than once every 6 months, the Secretary, in tion occurs under terms and conditions con- a firearm in any State and from one State to consultation with the Secretary of State, sistent with the requirements under section another State. shall report to Congress on the progress that 611(j)(9) of the Robert T. Stafford Disaster ‘‘(3) CARRYING FIREARMS OUTSIDE UNITED the Secretary of State has made in imple- Relief and Emergency Assistance Act (42 STATES.— menting international agreements to permit U.S.C. 5196(j)(9). ‘‘(A) IN GENERAL.—When operating to, Federal flight deck officers to carry firearms ‘‘(3) COST SHARING.— from, or within the jurisdiction of a foreign on board an aircraft operating within the ju- ‘‘(A) IN GENERAL.—The Federal share of the government where an agreement allowing a risdiction of a foreign country. costs of an activity carried out with a grant Federal flight deck officer to carry or pos- ‘‘(2) REPORT ON TRAINING.—Not later than under this subsection shall not exceed 75 per- sess a firearm is not in effect, a Federal 90 days after the date of enactment of the cent. flight deck officer shall be designated as a Improving America’s Security Act of 2007, ‘‘(B) IN KIND MATCHING.—Each recipient of Federal air marshal for the purposes of com- the Secretary shall report to Congress on the a grant for an activity under this section plying with international weapons carriage issues raised with respect to training in De- may meet the matching requirement under regulations and existing agreements with partment of Homeland Security Office of In- subparagraph (A) by making in-kind con- foreign governments. Nothing in this para- spector General report OIG-07-14 that in- tributions of goods or services that are di- graph shall be construed to allow Federal cludes proposals to address the issues raised rectly linked with the purpose for which the flight deck officers to receive any other ben- in such report.’’. grant is made. efit of being so designated. (f) CONFORMING AND OTHER AMENDMENTS.— ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) REQUIREMENT TO NEGOTIATE AGREE- Section 44921 of title 49, United States Code, There are authorized to be appropriated for MENTS.—The Secretary of State shall nego- as amended by sections (c), (d), and (e), is grants under this section— tiate agreements with foreign governments further amended— ‘‘(1) for fiscal year 2007, such sums as are as necessary to allow Federal flight deck of- (1) by striking ‘‘Under Secretary’’ each necessary; ficers to carry and possess firearms within place it appears and inserting ‘‘Secretary’’; ‘‘(2) for each of fiscal years 2008, 2009, and the jurisdictions of such foreign govern- and 2010, $913,180,500; and ments for protection of international flights (2) by striking subparagraph (G) of sub- ‘‘(3) for fiscal year 2011, and each fiscal against hijackings or other terrorist acts. section (b)(3). year thereafter, such sums as are nec- Any such agreements shall provide Federal essary.’’. flight deck officers the same rights and SA 335. Mrs. FEINSTEIN (for herself, privileges accorded Federal air marshals by Mr. CORNYN, Mr. LAUTENBERG, Mrs. SA 333. Mr. LEAHY (for himself, Mr. such foreign governments. HUTCHISON, Mrs. BOXER, Mr. SCHUMER, THOMAS, Mr. STEVENS, Mr. ROBERTS, ‘‘(4) DESCRIPTION OF AUTHORITY AND PROCE- Mrs. CLINTON, Mr. OBAMA, Mr. MENEN- Mr. PRYOR, Mr. SANDERS, Mr. ENZI, and DURES.—The authority of a Federal flight DEZ, Mr. KERRY, Mr. COBURN, and Mr. Mr. HATCH) submitted an amendment deck officer to carry a firearm shall be iden- CASEY) submitted an amendment in- intended to be proposed to amendment tical to such authority granted to any other tended to be proposed to amendment Federal law enforcement officer under Fed- SA 275 proposed by Mr. REID (for him- eral law. The operating procedures applica- SA 275 proposed by Mr. REID (for himself, Mr. LIEBERMAN, and Ms. COLLINS) ble to a Federal flight deck officer relating self, Mr. LIEBERMAN, and Ms. COLLINS) to the bill S. 4, to make the United to carrying such firearm shall be no more re- to the bill S. 4, to make the United States more secure by implementing strictive than the restrictions for carrying a States more secure by implementing

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.033 S05MRPT1 ccoleman on PROD1PC60 with SENATE March 5, 2007 CONGRESSIONAL RECORD — SENATE S2635 unfinished recommendations of the 9/11 ‘‘(1) IN GENERAL.— the activities of multijurisdictional planning Commission to fight the war on terror ‘‘(A) GENERAL ELIGIBILITY.—Except as pro- agencies governed by local officials, both more effectively, to improve homeland vided in subparagraphs (B) and (C), any within its jurisdictional borders and with security, and for other purposes; as fol- State, region, or directly eligible tribe shall neighboring States; be eligible to apply for a covered grant. ‘‘(E) is developed in consultation with and lows: ‘‘(B) URBAN AREA SECURITY INITIATIVE.— subject to appropriate comment by local On page 49, line 12, strike all through the Only a region shall be eligible to apply for a governments within the State; and matter preceding page 106, line 7, and insert grant under the Urban Area Security Initia- ‘‘(F) with respect to the emergency pre- the following: tive of the Department, or any successor to paredness of first responders, addresses the TITLE II—RISK-BASED FUNDING FOR such grant program. unique aspects of terrorism as part of a com- HOMELAND SECURITY ‘‘(C) STATE HOMELAND SECURITY GRANT PRO- prehensive State emergency management SEC. 201. RISK-BASED FUNDING FOR HOMELAND GRAM.—Only a State shall be eligible to plan. SECURITY. apply for a grant under the State Homeland ‘‘(2) APPROVAL BY SECRETARY.—The Sec- (a) RISK-BASED FUNDING IN GENERAL.—The Security Grant Program of the Department, retary may not award any covered grant to Homeland Security Act of 2002 (Public Law or any successor to such grant program. a State unless the Secretary has approved 107–296; 6 U.S.C. 361 et seq.) is amended by ‘‘(2) OTHER GRANT APPLICANTS.— the applicable State homeland security plan. adding at the end the following: ‘‘(A) IN GENERAL.—Grants provided by the ‘‘(d) CONSISTENCY WITH STATE PLANS.—The Department for improving homeland secu- Secretary shall ensure that each covered ‘‘TITLE XX—RISK-BASED FUNDING FOR rity, including to seaports, airports, and HOMELAND SECURITY grant is used to supplement and support, in other transportation facilities, shall be allo- a consistent and coordinated manner, the ap- ‘‘SEC. 2001. RISK-BASED FUNDING FOR HOME- cated as described in section 2001(a). LAND SECURITY. plicable State homeland security plan or ‘‘(B) CONSIDERATION.—Applications for plans. ‘‘(a) RISK-BASED FUNDING.—The Secretary such grants shall be considered, to the ex- ‘‘(e) APPLICATION FOR GRANT.— shall ensure that homeland security grants tent determined appropriate by the Sec- ‘‘(1) IN GENERAL.—Except as otherwise pro- are allocated based on an assessment of retary, pursuant to the procedures and cri- vided in this subsection, any State, region, threat, vulnerability, and consequence to the teria established in this title, except that maximum extent practicable. the eligibility requirements of paragraph (1) directly eligible tribe, or operator of an air- ‘‘(b) COVERED GRANTS.—This title applies shall not apply. port, port, or similar facility may apply for a covered grant by submitting to the Sec- to grants provided by the Department to ‘‘(3) CERTIFICATION OF REGIONS.— retary an application at such time, in such States, regions, or directly eligible tribes for ‘‘(A) IN GENERAL.—The Secretary shall cer- the primary purpose of improving the ability tify a geographic area as a region if— manner, and containing such information as of first responders to prevent, prepare for, re- ‘‘(i) the geographic area meets the criteria is required under this subsection, or as the spond to, or mitigate threatened or actual under section 2007(10)(B) and (C); and Secretary may reasonably require. terrorist attacks, especially those involving ‘‘(ii) the Secretary determines, based on an ‘‘(2) DEADLINES FOR APPLICATIONS AND weapons of mass destruction, and grants pro- assessment of threat, vulnerability, and con- AWARDS.—All applications for covered grants vided by the Department for improving sequence, that certifying the geographic area shall be submitted at such time as the Sec- homeland security, including the following: as a region under this title is in the interest retary may reasonably require for the fiscal ‘‘(1) STATE HOMELAND SECURITY GRANT PRO- of national homeland security. year for which they are submitted. The Sec- GRAM.—The State Homeland Security Grant ‘‘(B) EXISTING URBAN AREA SECURITY INITIA- retary shall award covered grants for all ap- Program of the Department, or any suc- TIVE AREAS.—Notwithstanding section proved applications for such fiscal year as cessor to such grant program. 2007(10)(B) and (C), a geographic area that, on soon as practicable, but not later than ‘‘(2) URBAN AREA SECURITY INITIATIVE.—The or before the date of enactment of the Im- March 1 of such year. Urban Area Security Initiative of the De- proving America’s Security Act of 2007, was ‘‘(3) AVAILABILITY OF FUNDS.—All funds partment, or any successor to such grant designated as a high-threat urban area for awarded by the Secretary under covered program. purposes of the Urban Area Security Initia- grants in a fiscal year shall be available for ‘‘(3) LAW ENFORCEMENT TERRORISM PREVEN- tive, shall be certified by the Secretary as a obligation through the end of the second sub- TION PROGRAM.—The Law Enforcement Ter- region unless the Secretary determines, sequent fiscal year. rorism Prevention Program of the Depart- based on an assessment of threat, vulner- ‘‘(4) MINIMUM CONTENTS OF APPLICATION.— ment, or any successor to such grant pro- ability, and consequence, that certifying the The Secretary shall require that each appli- gram. geographic area as a region is not in the in- cant include in its application, at a min- ‘‘(4) CITIZEN CORPS PROGRAM.—The Citizen terest of national homeland security. imum— Corps Program of the Department, or any ‘‘(b) GRANT CRITERIA.—In awarding covered ‘‘(A) the purpose for which the applicant successor to such grant program. grants, the Secretary shall assist States, seeks covered grant funds and the reasons ‘‘(c) EXCLUDED PROGRAMS.—This title does local governments, and operators of airports, why the applicant needs the covered grant to not apply to or otherwise affect the fol- ports, or similar facilities in achieving, meet the essential capabilities for terrorism lowing Federal grant programs or any grant maintaining, and enhancing the essential ca- preparedness within the State, region, or di- under such a program: pabilities established by the Secretary under rectly eligible tribe or at the airport, port, ‘‘(1) NONDEPARTMENT PROGRAMS.—Any Fed- section 2003. or similar facility to which the application eral grant program that is not administered ‘‘(c) STATE HOMELAND SECURITY PLANS.— pertains; by the Department. ‘‘(1) SUBMISSION OF PLANS.—The Secretary ‘‘(B) a description of how, by reference to ‘‘(2) FIRE GRANT PROGRAMS.—The fire grant shall require that any State applying to the the applicable State homeland security plan programs authorized by sections 33 and 34 of Secretary for a covered grant shall submit to or plans under subsection (c), the allocation the Federal Fire Prevention and Control Act the Secretary a 3-year State homeland secu- of grant funding proposed in the application, of 1974 (15 U.S.C. 2229 and 2229a). rity plan that— including, where applicable, the amount not ‘‘(3) EMERGENCY MANAGEMENT PLANNING ‘‘(A) demonstrates the extent to which the passed through under section 2006(g)(1), AND ASSISTANCE ACCOUNT GRANTS.—The State has achieved the essential capabilities would assist in fulfilling the essential capa- Emergency Management Performance Grant that apply to the State; bilities specified in such plan or plans; program and the Urban Search and Rescue ‘‘(B) demonstrates the needs of the State ‘‘(C) a statement of whether a mutual aid Grants program authorized by title VI of the necessary to achieve, maintain, or enhance agreement applies to the use of all or any Robert T. Stafford Disaster Relief and Emer- the essential capabilities that apply to the portion of the covered grant funds; gency Assistance Act (42 U.S.C. 5195 et seq.), State; ‘‘(D) if the applicant is a State, a descrip- the Departments of Veterans Affairs and ‘‘(C) includes a prioritization of such needs tion of how the State plans to allocate the Housing and Urban Development, and Inde- based on threat, vulnerability, and con- covered grant funds to regions, local govern- pendent Agencies Appropriations Act, 2000 sequence assessment factors applicable to ments, and Indian tribes; (113 Stat. 1047 et seq.), and the Earthquake the State; ‘‘(E) if the applicant is a region— Hazards Reduction Act of 1977 (42 U.S.C. 7701 ‘‘(D) describes how the State intends— ‘‘(i) a precise geographical description of et seq.). ‘‘(i) to address such needs at the city, the region and a specification of all partici- ‘‘(d) EFFECT ON COVERED GRANTS.—Nothing county, regional, tribal, State, and inter- pating and nonparticipating local govern- in this Act shall be construed to require the state level, including a precise description of ments within the geographical area com- elimination of a covered grant program.’’. any regional structure the State has estab- prising that region; (b) COVERED GRANT ELIGIBILITY AND CRI- lished for the purpose of organizing home- ‘‘(ii) a specification of what governmental TERIA.—The Homeland Security Act of 2002 land security preparedness activities funded entity within the region will administer the (Public Law 107–296; 6 U.S.C. 361 et seq.), as by covered grants; expenditure of funds under the covered amended by subsection (a), is amended by ‘‘(ii) to use all Federal, State, and local re- grant; adding at the end the following: sources available for the purpose of address- ‘‘(iii) a designation of a specific individual ‘‘SEC. 2002. COVERED GRANT ELIGIBILITY AND ing such needs; and to serve as regional liaison; and CRITERIA. ‘‘(iii) to give particular emphasis to re- ‘‘(iv) a description of how the govern- ‘‘(a) GRANT ELIGIBILITY.— gional planning and cooperation, including mental entity administering the expenditure

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of funds under the covered grant plans to al- within the region, covered grants awarded to ‘‘(A) IN GENERAL.—The Secretary shall be locate the covered grant funds to States, the region. the Chairman of the Board. local governments, and Indian tribes; ‘‘(6) TRIBAL APPLICATIONS.— ‘‘(B) EXERCISE OF AUTHORITIES BY DEPUTY ‘‘(F) a capital budget showing how the ap- ‘‘(A) SUBMISSION TO THE STATE OR STATES.— SECRETARY.—The Deputy Secretary of Home- plicant intends to allocate and expend the To ensure the consistency required under land Security may exercise the authorities covered grant funds; and subsection (d), an applicant that is a directly of the Chairman, if the Secretary so directs. ‘‘(G) if the applicant is a directly eligible eligible tribe shall submit its application to ‘‘(3) RISK-BASED RANKING OF GRANT APPLI- tribe, a designation of a specific individual each State within the boundaries of which CATIONS.— to serve as the tribal liaison. any part of such tribe is located for direct ‘‘(A) PRIORITIZATION OF GRANTS.—The ‘‘(5) REGIONAL APPLICATIONS.— submission to the Department along with Board— ‘‘(A) RELATIONSHIP TO STATE APPLICA- the application of such State or States. ‘‘(i) shall evaluate and annually prioritize TIONS.—A regional application— ‘‘(B) OPPORTUNITY FOR STATE COMMENT.— all pending applications for covered grants ‘‘(i) shall be coordinated with an applica- Before awarding any covered grant to a di- based upon the degree to which they would, tion submitted by the State or States of rectly eligible tribe, the Secretary shall pro- by achieving, maintaining, or enhancing the which such region is a part; vide an opportunity to each State within the essential capabilities of the applicants on a ‘‘(ii) shall supplement and avoid duplica- boundaries of which any part of such tribe is nationwide basis, lessen the threat to, vul- tion with such State application; and located to comment to the Secretary on the nerability of, and consequences for persons ‘‘(iii) shall address the unique regional as- consistency of the tribe’s application with and critical infrastructure; and pects of such region’s terrorism preparedness the State’s homeland security plan. Any ‘‘(ii) in evaluating the threat to persons needs beyond those provided for in the appli- such comments shall be submitted to the and critical infrastructure for purposes of cation of such State or States. Secretary concurrently with the submission prioritizing covered grants, shall give great- ‘‘(B) STATE REVIEW AND SUBMISSION.—To of the State and tribal applications. er weight to threats of terrorism based on ensure the consistency required under sub- ‘‘(C) FINAL AUTHORITY.—The Secretary their specificity and credibility, including section (d) and the coordination required shall have final authority to determine the any pattern of repetition. under subparagraph (A) of this paragraph, an consistency of any application of a directly ‘‘(B) MINIMUM AMOUNTS.— applicant that is a region shall submit its eligible tribe with the applicable State ‘‘(i) IN GENERAL.—After evaluating and application to each State of which any part homeland security plan or plans, and to ap- prioritizing grant applications under sub- is included in the region for review and con- prove any application of such tribe. The Sec- paragraph (A), the Board shall ensure that, currence before the submission of such appli- retary shall notify each State within the for each fiscal year, each State that has an cation to the Secretary. The regional appli- boundaries of which any part of such tribe is approved State homeland security plan re- cation shall be transmitted to the Secretary located of the approval of an application by ceives no less than 0.25 percent of the funds through each such State within 30 days after such tribe. available for the State Homeland Security receipt of the application by that State, un- ‘‘(D) TRIBAL LIAISON.—A tribal liaison des- Grant Program, as described in section less the Governor of such a State notifies the ignated under paragraph (4)(G) shall— 2001(b)(1), for that fiscal year for purposes of Secretary, in writing, that such regional ap- ‘‘(i) coordinate with Federal, State, and implementing its homeland security plan in plication is inconsistent with the State’s private sector officials to assist in the devel- accordance with the prioritization of addi- homeland security plan and provides an ex- opment of the application of such tribe and tional needs under subsection (c)(1)(C). planation of the reasons therefor. to improve the tribe’s access to covered ‘‘(ii) OTHER ENTITIES.—Notwithstanding ‘‘(C) DISTRIBUTION OF REGIONAL AWARDS.—If grants; and clause (i), the Board shall ensure that, for the Secretary approves a regional applica- ‘‘(ii) administer, in consultation with each fiscal year, American Samoa, the Com- tion, then the Secretary shall distribute a State, local, regional, and private officials, monwealth of the Northern Mariana Islands, regional award to the State or States sub- covered grants awarded to such tribe. Guam, and the Virgin Islands each receive mitting the applicable regional application ‘‘(E) LIMITATION ON THE NUMBER OF DIRECT 0.08 percent of the funds available for the under subparagraph (B), and each such State GRANTS.—The Secretary may make covered State Homeland Security Grant Program, as shall, not later than the end of the 45-day pe- grants directly to not more than 20 directly riod beginning on the date after receiving a eligible tribes per fiscal year. described in section 2001(b)(1), for that fiscal year for purposes of implementing its home- regional award, pass through to the region ‘‘(F) TRIBES NOT RECEIVING DIRECT land security plan in accordance with the all covered grant funds or resources pur- GRANTS.—An Indian tribe that does not re- chased with such funds, except those funds ceive a grant directly under this section is prioritization of additional needs under sub- necessary for the State to carry out its re- eligible to receive funds under a covered section (c)(1)(C). sponsibilities with respect to such regional grant from the State or States within the ‘‘(4) FUNCTIONS OF UNDER SECRETARIES.— application. In no such case shall the State boundaries of which any part of such tribe is The Under Secretaries referred to in para- or States pass through to the region less located, consistent with the homeland secu- graph (1) shall seek to ensure that the rel- than 80 percent of the regional award. rity plan of the State as described in sub- evant expertise and input of the staff of their ‘‘(D) CERTIFICATIONS REGARDING DISTRIBU- section (c). If a State fails to comply with directorates are available to and considered TION OF GRANT FUNDS TO REGIONS.—Any State section 2006(g)(1), the tribe may request pay- by the Board.’’. that receives a regional award under sub- ment under section 2006(h)(3) in the same SEC. 202. ESSENTIAL CAPABILITIES, TASK paragraph (C) shall certify to the Secretary, manner as a local government. FORCES, AND STANDARDS. by not later than 30 days after the expiration ‘‘(7) EQUIPMENT STANDARDS.—If an appli- The Homeland Security Act of 2002 (Public of the period described in subparagraph (C) cant for a covered grant proposes to upgrade Law 107–296; 6 U.S.C. 361 et seq.), as amended with respect to the grant, that the State has or purchase, with assistance provided under by section 201, is amended by adding at the made available to the region the required the grant, new equipment or systems that do end the following: funds and resources in accordance with sub- not meet or exceed any applicable national ‘‘SEC. 2003. ESSENTIAL CAPABILITIES FOR HOME- paragraph (C). voluntary consensus standards established LAND SECURITY. ‘‘(E) DIRECT PAYMENTS TO REGIONS.—If any by the Secretary under section 2005(a), the ‘‘(a) ESTABLISHMENT OF ESSENTIAL CAPA- State fails to pass through a regional award applicant shall include in the application an BILITIES.— to a region as required by subparagraph (C) explanation of why such equipment or sys- ‘‘(1) IN GENERAL.—For purposes of making within 45 days after receiving such award tems will serve the needs of the applicant covered grants, the Secretary shall establish and does not request or receive an extension better than equipment or systems that meet clearly defined essential capabilities for of such period under section 2006(h)(2), the or exceed such standards. State and local government preparedness for region may petition the Secretary to receive ‘‘(f) HOMELAND SECURITY GRANTS BOARD.— terrorism, in consultation with— directly the portion of the regional award ‘‘(1) ESTABLISHMENT OF BOARD.—The Sec- ‘‘(A) the Task Force on Essential Capabili- that is required to be passed through to such retary shall establish a Homeland Security ties established under section 2004; region under subparagraph (C). Grants Board, consisting of— ‘‘(B) the Under Secretaries for Emergency ‘‘(F) REGIONAL LIAISONS.—A regional liai- ‘‘(A) the Secretary; Preparedness and Response, Border and son designated under paragraph (4)(E)(iii) ‘‘(B) the Deputy Secretary of Homeland Se- Transportation Security, Information Anal- shall— curity; ysis and Infrastructure Protection, and ‘‘(i) coordinate with Federal, State, local, ‘‘(C) the Under Secretary for Emergency Science and Technology, and the Director of regional, and private officials within the re- Preparedness and Response; the Office of State and Local Government gion concerning terrorism preparedness; ‘‘(D) the Under Secretary for Border and Coordination; ‘‘(ii) develop a process for receiving input Transportation Security; ‘‘(C) the Secretary of Health and Human from Federal, State, local, regional, and pri- ‘‘(E) the Under Secretary for Information Services; vate sector officials within the region to as- Analysis and Infrastructure Protection; ‘‘(D) other appropriate Federal agencies; sist in the development of the regional appli- ‘‘(F) the Under Secretary for Science and ‘‘(E) State and local first responder agen- cation and to improve the region’s access to Technology; and cies and officials; and covered grants; and ‘‘(G) the Director of the Office of State and ‘‘(F) consensus-based standard making or- ‘‘(iii) administer, in consultation with Local Government Coordination. ganizations responsible for setting standards State, local, regional, and private officials ‘‘(2) CHAIRMAN.— relevant to the first responder community.

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‘‘(2) DEADLINES.—The Secretary shall— ‘‘(M) Water. under section 319F(a) of the Public Health ‘‘(A) establish essential capabilities under The order in which the critical infrastruc- Service Act (42 U.S.C. 247d–6(a)). paragraph (1) within 30 days after receipt of ture sectors are listed in this paragraph shall ‘‘(4) COMPREHENSIVENESS.—The Task Force the report under section 2004(b); and not be construed as an order of priority for shall ensure that its recommendations re- ‘‘(B) regularly update such essential capa- consideration of the importance of such sec- garding essential capabilities for terrorism bilities as necessary, but not less than every tors. preparedness are made within the context of 3 years. ‘‘(3) TYPES OF THREAT.—The Secretary spe- a comprehensive State emergency manage- ‘‘(3) PROVISION OF ESSENTIAL CAPABILI- cifically shall consider the following types of ment system. TIES.—The Secretary shall ensure that a de- threat to the critical infrastructure sectors ‘‘(5) PRIOR MEASURES.—The Task Force tailed description of the essential capabili- described in paragraph (2), and to popu- shall ensure that its recommendations re- ties established under paragraph (1) is pro- lations in all areas of the Nation, urban and garding essential capabilities for terrorism vided promptly to the States and to Con- rural: preparedness take into account any capabili- gress. The States shall make the essential ‘‘(A) Biological threats. ties that State or local officials have deter- capabilities available as necessary and ap- ‘‘(B) Nuclear threats. mined to be essential and have undertaken propriate to local governments and operators ‘‘(C) Radiological threats. since September 11, 2001, to prevent or pre- of airports, ports, and other similar facilities ‘‘(D) Incendiary threats. pare for terrorist attacks. within their jurisdictions. ‘‘(E) Chemical threats. ‘‘(c) MEMBERSHIP.— ‘‘(b) OBJECTIVES.—The Secretary shall en- ‘‘(F) Explosives. ‘‘(1) IN GENERAL.—The Task Force shall sure that essential capabilities established ‘‘(G) Suicide bombers. consist of 35 members appointed by the Sec- under subsection (a)(1) meet the following ‘‘(H) Cyber threats. retary, and shall, to the extent practicable, objectives: ‘‘(I) Any other threats based on proximity represent a geographic and substantive cross ‘‘(1) SPECIFICITY.—The determination of es- to specific past acts of terrorism or the section of governmental and nongovern- sential capabilities specifically shall de- known activity of any terrorist group. mental first responder disciplines from the scribe the training, planning, personnel, and The order in which the types of threat are State and local levels, including as appro- equipment that different types of commu- listed in this paragraph shall not be con- priate— nities in the Nation should possess, or to strued as an order of priority for consider- ‘‘(A) members selected from the emergency which they should have access, in order to ation of the importance of such threats. response field, including fire service and law meet the Department’s goals for terrorism ‘‘(4) CONSIDERATION OF ADDITIONAL FAC- enforcement, hazardous materials response, preparedness based upon— TORS.—In establishing essential capabilities emergency medical services, and emergency ‘‘(A) the most current risk assessment under subsection (a)(1), the Secretary shall management personnel (including public available by the Directorate for Information take into account any other specific threat works personnel routinely engaged in emer- Analysis and Infrastructure Protection of to a population (including a transient com- gency response); the threats of terrorism against the United muting or tourist population) or critical in- ‘‘(B) health scientists, emergency and inpa- States; frastructure sector that the Secretary has tient medical providers, and public health ‘‘(B) the types of threats, vulnerabilities, determined to exist. professionals, including experts in emer- geography, size, and other factors that the gency health care response to chemical, bio- Secretary has determined to be applicable to ‘‘SEC. 2004. TASK FORCE ON ESSENTIAL CAPA- BILITIES. logical, radiological, and nuclear terrorism, each different type of community; and and experts in providing mental health care ‘‘(a) ESTABLISHMENT.—To assist the Sec- ‘‘(C) the principles of regional coordination during emergency response operations; retary in establishing essential capabilities and mutual aid among State and local gov- ‘‘(C) experts from Federal, State, and local under section 2003(a)(1), the Secretary shall ernments. governments, and the private sector, rep- establish an advisory body pursuant to sec- ‘‘(2) FLEXIBILITY.—The establishment of es- resenting standards-setting organizations, tion 871(a) not later than 60 days after the sential capabilities shall be sufficiently including representation from the voluntary date of the enactment of this section, which flexible to allow State and local government consensus codes and standards development shall be known as the Task Force on Essen- officials to set priorities based on particular community, particularly those with exper- tial Capabilities. needs, while reaching nationally determined tise in first responder disciplines; and ‘‘(b) REPORT.— terrorism preparedness levels within a speci- ‘‘(D) State and local officials with exper- ‘‘(1) IN GENERAL.—The Task Force shall fied time period. tise in terrorism preparedness, subject to the submit to the Secretary, not later than 9 ‘‘(3) MEASURABILITY.—The establishment of condition that if any such official is an elect- months after its establishment by the Sec- essential capabilities shall be designed to en- ed official representing 1 of the 2 major po- retary under subsection (a) and every 3 years able measurement of progress toward spe- litical parties, an equal number of elected of- thereafter, a report on its recommendations cific terrorism preparedness goals. ficials shall be selected from each such for essential capabilities for preparedness for ‘‘(4) COMPREHENSIVENESS.—The determina- party. terrorism. tion of essential capabilities for terrorism ‘‘(2) COORDINATION WITH THE DEPARTMENT ‘‘(2) CONTENTS.—The report shall— preparedness shall be made within the con- OF HEALTH AND HUMAN SERVICES.—In the se- ‘‘(A) include a priority ranking of essential text of a comprehensive State emergency lection of members of the Task Force who capabilities in order to provide guidance to management system. are health professionals, including emer- ‘‘(c) FACTORS TO BE CONSIDERED.— the Secretary and to Congress on deter- gency medical professionals, the Secretary ‘‘(1) IN GENERAL.—In establishing essential mining the appropriate allocation of, and shall coordinate the selection with the Sec- capabilities under subsection (a)(1), the Sec- funding levels for, first responder needs; retary of Health and Human Services. retary specifically shall consider the vari- ‘‘(B) set forth a methodology by which any ‘‘(3) EX OFFICIO MEMBERS.—The Secretary ables of threat, vulnerability, and con- State or local government will be able to de- and the Secretary of Health and Human sequences with respect to the Nation’s popu- termine the extent to which it possesses or Services shall each designate 1 or more offi- lation (including transient commuting and has access to the essential capabilities that cers of their respective Departments to serve tourist populations) and critical infrastruc- States and local governments having similar as ex officio members of the Task Force. One ture. Such consideration shall be based upon risks should obtain; of the ex officio members from the Depart- the most current risk assessment available ‘‘(C) describe the availability of national ment of Homeland Security shall be the des- by the Directorate for Information Analysis voluntary consensus standards, and whether ignated officer of the Federal Government and Infrastructure Protection of the threats there is a need for new national voluntary for purposes of subsection (e) of section 10 of of terrorism against the United States. consensus standards, with respect to first re- the Federal Advisory Committee Act (5 App. ‘‘(2) CRITICAL INFRASTRUCTURE SECTORS.— sponder training and equipment; U.S.C.). The Secretary specifically shall consider ‘‘(D) include such additional matters as the ‘‘(d) APPLICABILITY OF FEDERAL ADVISORY threats of terrorism against the following Secretary may specify in order to further the COMMITTEE ACT.—Notwithstanding section critical infrastructure sectors in all areas of terrorism preparedness capabilities of first 871(a), the Federal Advisory Committee Act the Nation, urban and rural: responders; and (5 U.S.C. App.), including subsections (a), (b), ‘‘(A) Agriculture. ‘‘(E) include such revisions to the contents and (d) of section 10 of such Act, and section ‘‘(B) Banking and finance. of past reports as are necessary to take into 552b(c) of title 5, United States Code, shall ‘‘(C) Chemical industries. account changes in the most current risk as- apply to the Task Force. ‘‘(D) The defense industrial base. sessment available by the Directorate for In- ‘‘SEC. 2005. NATIONAL STANDARDS FOR FIRST RE- ‘‘(E) Emergency services. formation Analysis and Infrastructure Pro- SPONDER EQUIPMENT AND TRAIN- ‘‘(F) Energy. tection or other relevant information as de- ING. ‘‘(G) Food. termined by the Secretary. ‘‘(a) EQUIPMENT STANDARDS.— ‘‘(H) Government. ‘‘(3) CONSISTENCY WITH FEDERAL WORKING ‘‘(1) IN GENERAL.—The Secretary, in con- ‘‘(I) Postal and shipping. GROUP.—The Task Force shall ensure that its sultation with the Under Secretaries for ‘‘(J) Public health. recommendations for essential capabilities Emergency Preparedness and Response and ‘‘(K) Information and telecommunications are, to the extent feasible, consistent with Science and Technology and the Director of networks. any preparedness goals or recommendations the Office of State and Local Government ‘‘(L) Transportation. of the Federal working group established Coordination, shall, not later than 6 months

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.058 S05MRPT1 ccoleman on PROD1PC60 with SENATE S2638 CONGRESSIONAL RECORD — SENATE March 5, 2007 after the date of enactment of this section, ‘‘(F) Such other activities for which the ‘‘(A) elevations in the threat alert level of support the development of, promulgate, and Secretary determines that national vol- the Homeland Security Advisory System by update as necessary national voluntary con- untary consensus training standards would the Secretary, or a similar elevation in sensus standards for the performance, use, be appropriate. threat alert level issued by a State, region, and validation of first responder equipment ‘‘(3) CONSISTENCY.—In carrying out this or local government with the approval of the for purposes of section 2002(e)(7). Such stand- subsection, the Secretary shall ensure that Secretary; ards— such training standards are consistent with ‘‘(B) travel to and participation in exer- ‘‘(A) shall be, to the maximum extent prac- the principles of emergency preparedness for cises and training in the use of equipment ticable, consistent with any existing vol- all hazards. and on prevention activities; untary consensus standards; ‘‘(c) CONSULTATION WITH STANDARDS ORGA- ‘‘(C) the temporary replacement of per- ‘‘(B) shall take into account, as appro- NIZATIONS.—In establishing national vol- sonnel during any period of travel to and priate, new types of terrorism threats that untary consensus standards for first re- participation in exercises and training in the may not have been contemplated when such sponder equipment and training under this use of equipment and on prevention activi- existing standards were developed; section, the Secretary shall consult with rel- ties; and ‘‘(C) shall be focused on maximizing inter- evant public and private sector groups, in- ‘‘(D) participation in information, inves- operability, interchangeability, durability, cluding— tigative, and intelligence-sharing activities flexibility, efficiency, efficacy, portability, ‘‘(1) the National Institute of Standards specifically related to terrorism prevention; sustainability, and safety; and and Technology; ‘‘(8) the costs of equipment (including soft- ‘‘(D) shall cover all appropriate uses of the ‘‘(2) the National Fire Protection Associa- ware) required to receive, transmit, handle, equipment. tion; and store classified information; ‘‘(2) REQUIRED CATEGORIES.—In carrying ‘‘(3) the National Association of County ‘‘(9) target hardening to reduce the vulner- out paragraph (1), the Secretary shall spe- and City Health Officials; ability of high-value targets, as determined cifically consider the following categories of ‘‘(4) the Association of State and Terri- by the Secretary; first responder equipment: torial Health Officials; ‘‘(10) protecting critical infrastructure ‘‘(A) Thermal imaging equipment. ‘‘(5) the American National Standards In- against potential attack by the addition of ‘‘(B) Radiation detection and analysis stitute; barriers, fences, gates, and other such de- equipment. ‘‘(6) the National Institute of Justice; vices, except that the cost of such measures ‘‘(C) Biological detection and analysis ‘‘(7) the Inter-Agency Board for Equipment may not exceed the greater of— equipment. Standardization and Interoperability; ‘‘(A) $1,000,000 per project; or ‘‘(D) Chemical detection and analysis ‘‘(8) the National Public Health Perform- ‘‘(B) such greater amount as may be ap- equipment. ance Standards Program; proved by the Secretary, which may not ex- ‘‘(E) Decontamination and sterilization ‘‘(9) the National Institute for Occupa- ceed 10 percent of the total amount of the equipment. tional Safety and Health; covered grant; ‘‘(F) Personal protective equipment, in- ‘‘(10) ASTM International; ‘‘(11) the costs of commercially available cluding garments, boots, gloves, and hoods, ‘‘(11) the International Safety Equipment interoperable communications equipment and other protective clothing. Association; (which, where applicable, is based on na- ‘‘(G) Respiratory protection equipment. ‘‘(12) the Emergency Management Accredi- tional, voluntary consensus standards) that ‘‘(H) Interoperable communications, in- tation Program; the Secretary, in consultation with the cluding wireless and wireline voice, video, ‘‘(13) the National Domestic Preparedness Chairman of the Federal Communications and data networks. Consortium; and Commission, determines best suited to facili- ‘‘(I) Explosive mitigation devices and ex- ‘‘(14) to the extent the Secretary considers tate interoperability, coordination, and inte- plosive detection and analysis equipment. appropriate, other national voluntary con- gration between and among emergency com- ‘‘(J) Containment vessels. sensus standards development organizations, munications systems, and that complies ‘‘(K) Contaminant-resistant vehicles. other interested Federal, State, and local with prevailing grant guidance of the De- ‘‘(L) Such other equipment for which the agencies, and other interested persons. partment for interoperable communications; Secretary determines that national vol- ‘‘(d) COORDINATION WITH SECRETARY OF ‘‘(12) educational curricula development untary consensus standards would be appro- HHS.—In establishing any national vol- for first responders to ensure that they are priate. untary consensus standards under this sec- prepared for terrorist attacks; tion for first responder equipment or train- ‘‘(13) training and exercises to assist public ‘‘(b) TRAINING STANDARDS.— ing that involve or relate to health profes- elementary and secondary schools in devel- ‘‘(1) IN GENERAL.—The Secretary, in con- sionals, including emergency medical profes- oping and implementing programs to in- sultation with the Under Secretaries for sionals, the Secretary shall coordinate ac- struct students regarding age-appropriate Emergency Preparedness and Response and tivities under this section with the Sec- skills to prepare for and respond to an act of Science and Technology and the Director of retary of Health and Human Services.’’. terrorism; the Office of State and Local Government SEC. 203. EFFECTIVE ADMINISTRATION OF HOME- ‘‘(14) paying of administrative expenses di- Coordination, shall support the development LAND SECURITY GRANTS. rectly related to administration of the grant, of, promulgate, and regularly update as nec- (a) USE OF GRANT FUNDS AND ACCOUNT- except that such expenses may not exceed 3 essary national voluntary consensus stand- ABILITY.—The Homeland Security Act of 2002 percent of the amount of the grant; and ards for first responder training carried out (Public Law 107–296; 6 U.S.C. 361 et seq.), as ‘‘(15) other appropriate activities as deter- with amounts provided under covered grant amended by sections 201 and 202, is amended mined by the Secretary. programs, that will enable State and local by adding at the end the following: ‘‘(b) PROHIBITED USES.—Funds provided as government first responders to achieve opti- ‘‘SEC. 2006. USE OF FUNDS AND ACCOUNTABILITY a covered grant may not be used— mal levels of terrorism preparedness as REQUIREMENTS. ‘‘(1) to supplant State or local funds that quickly as practicable. Such standards shall ‘‘(a) IN GENERAL.—A covered grant may be have been obligated for a homeland security give priority to providing training to— used for— or other first responder-related project; ‘‘(A) enable first responders to prevent, ‘‘(1) purchasing, upgrading, or maintaining ‘‘(2) to construct buildings or other phys- prepare for, respond to, and mitigate ter- equipment, including computer software, to ical facilities, except for— rorist threats, including threats from chem- enhance terrorism preparedness and re- ‘‘(A) activities under section 611 of the ical, biological, nuclear, and radiological sponse; Robert T. Stafford Disaster Relief and Emer- weapons and explosive devices capable of in- ‘‘(2) exercises to strengthen terrorism pre- gency Assistance Act (42 U.S.C. 5196); and flicting significant human casualties; and paredness and response; ‘‘(B) upgrading facilities to protect ‘‘(B) familiarize first responders with the ‘‘(3) training for prevention (including de- against, test for, and treat the effects of bio- proper use of equipment, including software, tection) of, preparedness for, or response to logical agents, which shall be included in the developed pursuant to the standards estab- attacks involving weapons of mass destruc- homeland security plan approved by the Sec- lished under subsection (a). tion, including training in the use of equip- retary under section 2002(c); ‘‘(2) REQUIRED CATEGORIES.—In carrying ment and computer software; ‘‘(3) to acquire land; or out paragraph (1), the Secretary specifically ‘‘(4) developing or updating response plans; ‘‘(4) for any State or local government shall include the following categories of first ‘‘(5) establishing or enhancing mechanisms cost-sharing contribution. responder activities: for sharing terrorism threat information; ‘‘(c) MULTIPLE-PURPOSE FUNDS.—Nothing ‘‘(A) Regional planning. ‘‘(6) systems architecture and engineering, in this section shall be construed to preclude ‘‘(B) Joint exercises. program planning and management, strategy State and local governments from using cov- ‘‘(C) Intelligence collection, analysis, and formulation and strategic planning, life- ered grant funds in a manner that also en- sharing. cycle systems design, product and tech- hances first responder preparedness for emer- ‘‘(D) Emergency notification of affected nology evaluation, and prototype develop- gencies and disasters unrelated to acts of populations. ment for terrorism preparedness and re- terrorism, if such use assists such govern- ‘‘(E) Detection of biological, nuclear, radi- sponse purposes; ments in achieving essential capabilities for ological, and chemical weapons of mass de- ‘‘(7) additional personnel costs resulting terrorism preparedness established by the struction. from— Secretary under section 2003.

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‘‘(d) REIMBURSEMENT OF COSTS.—In addi- ‘‘(A) The amount, ultimate recipients, and pact on such entities’ terrorism preparedness tion to the activities described in subsection dates of receipt of all funds received under efforts. (a), a covered grant may be used to provide the grant during the previous fiscal year. ‘‘(3) PROVISION OF NON-LOCAL SHARE TO a reasonable stipend to paid-on-call or volun- ‘‘(B) The amount and the dates of disburse- LOCAL GOVERNMENT.— teer first responders who are not otherwise ments of all such funds expended in compli- ‘‘(A) IN GENERAL.—The Secretary may upon compensated for travel to or participation in ance with paragraph (1) or pursuant to mu- request by a local government pay to the training covered by this section. Any such tual aid agreements or other sharing ar- local government a portion of the amount of reimbursement shall not be considered com- rangements that apply within the State, re- a covered grant awarded to a State in which pensation for purposes of rendering such a gion, or directly eligible tribe, as applicable, the local government is located, if— first responder an employee under the Fair during the previous fiscal year. ‘‘(i) the local government will use the Labor Standards Act of 1938 (29 U.S.C. 201 et ‘‘(C) How the funds were utilized by each amount paid to expedite planned enhance- seq.). ultimate recipient or beneficiary during the ments to its terrorism preparedness as de- ‘‘(e) ASSISTANCE REQUIREMENT.—The Sec- preceding fiscal year. scribed in any applicable State homeland se- retary may not request that equipment paid ‘‘(D) The extent to which essential capa- curity plan or plans; for, wholly or in part, with funds provided as bilities identified in the applicable State ‘‘(ii) the State has failed to pass through a covered grant be made available for re- homeland security plan or plans were funds or resources in accordance with sub- sponding to emergencies in surrounding achieved, maintained, or enhanced as the re- section (g)(1); and States, regions, and localities, unless the sult of the expenditure of grant funds during ‘‘(iii) the local government complies with Secretary pays the costs directly attrib- the preceding fiscal year. subparagraph (B). utable to transporting and operating such ‘‘(E) The extent to which essential capa- ‘‘(B) SHOWING REQUIRED.—To receive a pay- equipment during such response. bilities identified in the applicable State ment under this paragraph, a local govern- homeland security plan or plans remain ‘‘(f) FLEXIBILITY IN UNSPENT HOMELAND SE- ment must demonstrate that— unmet. CURITY GRANT FUNDS.—Upon request by the ‘‘(i) it is identified explicitly as an ulti- ‘‘(5) INCLUSION OF RESTRICTED ANNEXES.—A recipient of a covered grant, the Secretary mate recipient or intended beneficiary in the recipient of a covered grant may submit to may authorize the grantee to transfer all or approved grant application; the Secretary an annex to the annual report part of funds provided as the covered grant ‘‘(ii) it was intended by the grantee to re- under paragraph (4) that is subject to appro- from uses specified in the grant agreement ceive a severable portion of the overall grant priate handling restrictions, if the recipient to other uses authorized under this section, for a specific purpose that is identified in the believes that discussion in the report of if the Secretary determines that such trans- grant application; unmet needs would reveal sensitive but un- fer is in the interests of homeland security. ‘‘(iii) it petitioned the grantee for the classified information. TATE EGIONAL AND RIBAL ESPON funds or resources after expiration of the pe- ‘‘(g) S , R , T R - ‘‘(6) PROVISION OF REPORTS.—The Secretary SIBILITIES.— riod within which the funds or resources shall ensure that each annual report under were required to be passed through under ‘‘(1) PASS-THROUGH.—The Secretary shall paragraph (4) is provided to the Under Sec- require a recipient of a covered grant that is subsection (g)(1); and retary for Emergency Preparedness and Re- ‘‘(iv) it did not receive the portion of the a State to obligate or otherwise make avail- sponse and the Director of the Office of State overall grant that was earmarked or des- able to local governments, first responders, and Local Government Coordination. ignated for its use or benefit. and other local groups, to the extent re- ‘‘(h) INCENTIVES TO EFFICIENT ADMINISTRA- ‘‘(C) EFFECT OF PAYMENT.—Payment of quired under the State homeland security TION OF HOMELAND SECURITY GRANTS.— grant funds to a local government under this plan or plans specified in the application for ‘‘(1) PENALTIES FOR DELAY IN PASSING paragraph— the grant, not less than 80 percent of the THROUGH LOCAL SHARE.—If a recipient of a grant funds, resources purchased with the covered grant that is a State fails to pass ‘‘(i) shall not affect any payment to an- grant funds having a value equal to at least through to local governments, first respond- other local government under this para- 80 percent of the amount of the grant, or a ers, and other local groups funds or resources graph; and combination of funds and resources having required by subsection (g)(1) within 45 days ‘‘(ii) shall not prejudice consideration of a value equal to at least 80 percent of the after receiving funds under the grant, the request for payment under this paragraph amount of the grant, by not later than the Secretary may— that is submitted by another local govern- end of the 45-day period beginning on the ‘‘(A) reduce grant payments to the grant ment. date the grant recipient receives the grant recipient from the portion of grant funds ‘‘(D) DEADLINE FOR ACTION BY SECRETARY.— funds. that is not required to be passed through The Secretary shall approve or disapprove ‘‘(2) CERTIFICATIONS REGARDING DISTRIBU- under subsection (g)(1); each request for payment under this para- TION OF GRANT FUNDS TO LOCAL GOVERN- ‘‘(B) terminate payment of funds under the graph by not later than 15 days after the MENTS.—Any State that receives a covered grant to the recipient, and transfer the ap- date the request is received by the Depart- grant shall certify to the Secretary, by not propriate portion of those funds directly to ment. later than 30 days after the expiration of the local first responders that were intended to ‘‘(i) REPORTS TO CONGRESS.—The Secretary period described in paragraph (1) with re- receive funding under that grant; or shall submit an annual report to Congress by spect to the grant, that the State has made ‘‘(C) impose additional restrictions or bur- December 31 of each year— available for expenditure by local govern- dens on the recipient’s use of funds under the ‘‘(1) describing in detail the amount of Fed- ments, first responders, and other local grant, which may include— eral funds provided as covered grants that groups the required amount of grant funds ‘‘(i) prohibiting use of such funds to pay were directed to each State, region, and di- under paragraph (1). the grant recipient’s grant-related overtime rectly eligible tribe in the preceding fiscal ‘‘(3) QUARTERLY REPORT ON HOMELAND SECU- or other expenses; year; RITY SPENDING.—Each recipient of a covered ‘‘(ii) requiring the grant recipient to dis- ‘‘(2) containing information on the use of grant shall submit a quarterly report to the tribute to local government beneficiaries all such grant funds by grantees; and Secretary not later than 30 days after the or a portion of grant funds that are not re- ‘‘(3) describing— end of each fiscal quarter. Each report shall quired to be passed through under subsection ‘‘(A) the Nation’s progress in achieving, include, for each recipient of a covered grant (g)(1); or maintaining, and enhancing the essential ca- or a pass-through under paragraph (1)— ‘‘(iii) for each day that the grant recipient pabilities established under section 2003(a) as ‘‘(A) the amount obligated to that recipi- fails to pass through funds or resources in a result of the expenditure of covered grant ent in that quarter; accordance with subsection (g)(1), reducing funds during the preceding fiscal year; and ‘‘(B) the amount expended by that recipi- grant payments to the grant recipient from ‘‘(B) an estimate of the amount of expendi- ent in that quarter; and the portion of grant funds that is not re- tures required to attain across the United ‘‘(C) a summary description of the items quired to be passed through under subsection States the essential capabilities established purchased by such recipient with such (g)(1), except that the total amount of such under section 2003(a).’’. amount. reduction may not exceed 20 percent of the (b) SENSE OF CONGRESS REGARDING CITIZEN ‘‘(4) ANNUAL REPORT ON HOMELAND SECURITY total amount of the grant. CORPS COUNCILS.— SPENDING.—Each recipient of a covered grant ‘‘(2) EXTENSION OF PERIOD.—The Governor (1) FINDING.—Congress finds that Citizen shall submit an annual report to the Sec- of a State may request in writing that the Corps councils help to enhance local citizen retary not later than 60 days after the end of Secretary extend the 45-day period under participation in terrorism preparedness by each fiscal year. Each recipient of a covered section 2002(e)(5)(E) or paragraph (1) of this coordinating multiple Citizen Corps pro- grant that is a region shall simultaneously subsection for an additional 15-day period. grams, developing community action plans, submit its report to each State of which any The Secretary may approve such a request, assessing possible threats, and identifying part is included in the region. Each recipient and may extend such period for additional local resources. of a covered grant that is a directly eligible 15-day periods, if the Secretary determines (2) SENSE OF CONGRESS.—It is the sense of tribe shall simultaneously submit its report that the resulting delay in providing grant Congress that individual Citizen Corps coun- to each State within the boundaries of which funding to the local government entities cils should seek to enhance the preparedness any part of such tribe is located. Each report that will receive funding under the grant and response capabilities of all organizations shall include the following: will not have a significant detrimental im- participating in the councils, including by

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.058 S05MRPT1 ccoleman on PROD1PC60 with SENATE S2640 CONGRESSIONAL RECORD — SENATE March 5, 2007 providing funding to as many of their par- on the study conducted under paragraph (1), ‘‘(i) developing intermediate indicators for ticipating organizations as practicable to and shall include in the report such rec- the 2 fiscal years following the date of such promote local terrorism preparedness pro- ommendations (including recommendations determination; and grams. for legislation to amend section 882 of the ‘‘(ii) conducting additional simulations (c) REQUIRED COORDINATION.—The Sec- Homeland Security Act of 2002 (6 U.S.C. 462)) and exercises; and retary shall ensure that there is effective as the Secretary considers appropriate. ‘‘(B) revising an entity’s homeland secu- and ongoing coordination of Federal efforts (g) STUDY OF RISK ALLOCATION FOR PORT rity plan, if necessary, to achieve the min- to prevent, prepare for, and respond to acts SECURITY GRANTS.— imum performance requirements under para- of terrorism and other major disasters and (1) STUDY.—The Secretary shall conduct a graph (1). emergencies among the divisions of the De- study of the factors to be used for the alloca- ‘‘(b) WAIVER.—At the discretion of the Ad- partment, including the Directorate of tion of funds based on risk for port security ministrator, the occurrence of an actual Emergency Preparedness and Response and grants made under section 70107 of title 46, emergency, major disaster, or catastrophic the Office for State and Local Government United States Code. incident in an area may be deemed as a sim- Coordination and Preparedness. (2) FACTORS.—In conducting the study, the ulation under subsection (a)(2). (d) COORDINATION OF INDUSTRY EFFORTS.— Secretary shall analyze the volume of inter- ‘‘(c) REPORT TO CONGRESS.—Not later than Section 102(f) of the Homeland Security Act national trade and economic significance of the end of the first full fiscal year after the of 2002 (6 U.S.C. 112(f)) is amended— date of enactment of the Improving Amer- each port. (1) in paragraph (9), by striking ‘‘and’’ ica’s Security Act of 2007, and each fiscal (3) REPORT.—Not later than 90 days after after the semicolon; year thereafter, the Administrator shall sub- the enactment of the Act, the Secretary (2) in paragraph (10), by striking the period mit to the Committee on Homeland Security shall submit a report to Congress on the and inserting ‘‘; and’’; and and Governmental Affairs of the Senate and study and shall include recommendations for (3) by adding at the end the following: to the Committee on Homeland Security of using such factors in allocating grant funds ‘‘(11) coordinating industry efforts, with the House of Representatives a report de- to ports. respect to functions of the Department, to scribing— (h) STUDY OF ALLOCATION OF ASSISTANCE TO identify private sector resources and capa- ‘‘(1) the performance of grantees under sub- FIREFIGHTER GRANTS.— bilities that could be effective in section (a)(1); (1) STUDY.—The Secretary shall conduct a supplementing Federal, State, and local gov- ‘‘(2) lessons learned through the simula- study of the allocation of grant fund awards ernment agency efforts to prevent or respond tions and exercises under subsection (a)(2); made under the Assistance to Firefighter to a terrorist attack.’’. and Grants program and shall analyze the dis- (e) STUDY REGARDING NATIONWIDE EMER- ‘‘(3) efforts being made to remedy failed tribution of awards by State. GENCY NOTIFICATION SYSTEM.— performance under subsection (a)(3).’’. (2) FACTORS.—In conducting the study, the (1) STUDY.—The Secretary, in consultation SEC. 205. AUDITS. with the heads of other appropriate Federal Secretary shall analyze the number of The Homeland Security Act of 2002 (Public agencies and representatives of providers and awards and the per capita amount of grant Law 107–296; 6 U.S.C. 361 et seq.), as amended participants in the telecommunications in- funds awarded to each State and the level of by sections 201, 202, 203, and 204 is amended dustry, shall conduct a study to determine unmet firefighting equipment needs in each by adding at the end the following: whether it is cost effective, efficient, and State. The study shall also analyze whether ‘‘SEC. 2008. AUDITING. feasible to establish and implement an emer- allowing local departments to submit more ‘‘(a) AUDIT OF GRANTS.— gency telephonic alert notification system than 1 annual application and expanding the ‘‘(1) IN GENERAL.—Not later than the date that will— list of eligible applicants for such grants to described in paragraph (2), and every 2 years (A) alert persons in the United States of include States will enhance the ability of thereafter, the Inspector General of the De- imminent or current hazardous events State and local governments to respond to partment shall conduct an audit of each en- caused by acts of terrorism; and fires. tity that receives a covered grant or a grant (B) provide information to individuals re- (3) REPORT.—Not later than 90 days after under section 1809 to evaluate the use of garding appropriate measures that may be the date of enactment of the Act, the Sec- funds under such grant program by such en- undertaken to alleviate or minimize threats retary shall submit a report to Congress on tity. to their safety and welfare posed by such the study and shall include recommenda- ‘‘(2) TIMING.—The date described in this events. tions for legislation amending the factors paragraph is the later of 2 years after— used in allocating grant funds to insure that (2) TECHNOLOGIES TO CONSIDER.—In con- ‘‘(A) the date of enactment of the Improv- ducting the study under paragraph (1), the critical firefighting needs are addressed by ing America’s Security Act of 2007; and Secretary shall consider the use of the tele- the program in all areas of the Nation. ‘‘(B) the date that an entity first receives phone, wireless communications, and other SEC. 204. MINIMUM PERFORMANCE REQUIRE- a covered grant or a grant under section 1809, existing communications networks to pro- MENTS. as the case may be. vide such notification. The Homeland Security Act of 2002 (Public ‘‘(3) CONTENTS.—Each audit under this sub- (3) REPORT.—Not later than 9 months after Law 107–296; 6 U.S.C. 361 et seq.), as amended section shall evaluate— the date of enactment of this Act, the Sec- by sections 201, 202, and 203 is amended by ‘‘(A) the use of funds under the relevant retary shall submit to Congress a report re- adding at the end the following: grant program by an entity during the 2 full garding the conclusions of the study con- ‘‘SEC. 2007. MINIMUM PERFORMANCE REQUIRE- fiscal years before the date of that audit; and ducted under paragraph (1). MENTS. ‘‘(B) whether funds under that grant pro- (f) STUDY OF EXPANSION OF AREA OF JURIS- ‘‘(a) IN GENERAL.—The Administrator gram were used by that entity as required by DICTION OF OFFICE OF NATIONAL CAPITAL RE- shall— law. GION COORDINATION.— ‘‘(1) establish minimum performance re- ‘‘(4) PUBLIC AVAILABILITY ON WEBSITE.—The (1) STUDY.—The Secretary, acting through quirements for entities that receive home- Inspector General of the Department shall the Director of the Office of National Capital land security grants; make each audit under this subsection avail- Region Coordination, shall conduct a study ‘‘(2) conduct, in coordination with State, able on the website of the Inspector General. of the feasibility and desirability of modi- regional, local, and tribal governments re- ‘‘(5) REPORTING.— fying the definition of ‘‘National Capital Re- ceiving grants under the Homeland Security ‘‘(A) IN GENERAL.—Not later than 2 years gion’’ applicable under section 882 of the Grant Program, simulations and exercises to and 60 days after the date of enactment of Homeland Security Act of 2002 (6 U.S.C. 462) test the minimum performance requirements the Improving America’s Security Act of to expand the geographic area under the ju- established under paragraph (1) for— 2007, and annually thereafter, the Inspector risdiction of the Office of National Capital ‘‘(A) emergencies (as that term is defined General of the Department shall submit to Region Coordination. in section 102 of the Robert T. Stafford Dis- Congress a consolidated report regarding the (2) FACTORS.—In conducting the study aster Relief and Emergency Assistance Act audits conducted under this subsection. under paragraph (1), the Secretary shall ana- (42 U.S.C. 5122)) and major disasters not less ‘‘(B) CONTENTS.—Each report submitted lyze whether expanding the geographic area than twice each year; and under this paragraph shall describe— under the jurisdiction of the Office of Na- ‘‘(B) catastrophic incidents (as that term is ‘‘(i)(I) for the first such report, the audits tional Region Coordination will— defined in section 501) not less than once conducted under this subsection during the (A) promote coordination among State and each year; and 2-year period beginning on the date of enact- local governments within the Region, includ- ‘‘(3) ensure that entities that the Adminis- ment of the Improving America’s Security ing regional governing bodies, and coordina- trator determines are failing to demonstrate Act of 2007; and tion of the efforts of first responders; and minimum performance requirements estab- ‘‘(II) for each subsequent such report, the (B) enhance the ability of such State and lished under paragraph (1) shall remedy the audits conducted under this subsection dur- local governments and the Federal Govern- areas of failure, not later than the end of the ing the fiscal year before the date of the sub- ment to prevent and respond to a terrorist second full fiscal year after the date of such mission of that report; attack within the Region. determination by— ‘‘(ii) whether funds under each grant au- (3) REPORT.—Not later than 6 months after ‘‘(A) establishing a plan for the achieve- dited during the period described in clause (i) the date of the enactment of this Act, the ment of the minimum performance require- that is applicable to such report were used as Secretary shall submit a report to Congress ments under paragraph (1), including— required by law.

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.059 S05MRPT1 ccoleman on PROD1PC60 with SENATE March 5, 2007 CONGRESSIONAL RECORD — SENATE S2641

‘‘(b) AUDIT OF OTHER PREPAREDNESS ‘‘(E) Amounts withheld from grants under threat level under the Homeland Security GRANTS.— section 1809 shall be made available for au- Advisory System referred to in section ‘‘(1) IN GENERAL.—Not later than the date dits under this section of entities receiving 201(d)(7). described in paragraph (2), the Inspector grants under section 1809.’’. ‘‘(6) EMERGENCY PREPAREDNESS.—The term General of the Department shall conduct an SEC. 206. IMPLEMENTATION; DEFINITIONS; ‘emergency preparedness’ shall have the audit of each entity that receives a covered TABLE OF CONTENTS. same meaning that term has under section grant or a grant under section 1809 to evalu- (a) TECHNICAL AND CONFORMING AMEND- 602 of the Robert T. Stafford Disaster Relief ate the use by that entity of any grant for MENT.—Section 1014 of the USA PATRIOT and Emergency Assistance Act (42 U.S.C. preparedness administered by the Depart- ACT (42 U.S.C. 3714) is amended— 5195a). ment that was awarded before the date of en- (1) by striking subsection (c)(3); ‘‘(7) ESSENTIAL CAPABILITIES.—The term actment of the Improving America’s Secu- (2) by redesignating subsection (c) as sub- ‘essential capabilities’ means the levels, rity Act of 2007. section (d); and availability, and competence of emergency ‘‘(2) TIMING.—The date described in this (3) by inserting after subsection (b) the fol- personnel, planning, training, and equipment paragraph is the later of 2 years after— lowing: across a variety of disciplines needed to ef- ‘‘(A) the date of enactment of the Improv- ‘‘(c) ADMINISTRATION.—Grants under this fectively and efficiently prevent, prepare for, ing America’s Security Act of 2007; and section shall be administered in accordance and respond to acts of terrorism consistent ‘‘(B) the date that an entity first receives with title XX of the Homeland Security Act with established practices. a covered grant or a grant under section 1809, of 2002.’’. ‘‘(8) FIRST RESPONDER.—The term ‘first re- as the case may be. (b) TEMPORARY LIMITATIONS ON APPLICA- sponder’ shall have the same meaning as the ‘‘(3) CONTENTS.—Each audit under this sub- TION.— term ‘emergency response provider’ under section shall evaluate— (1) 1-YEAR DELAY IN APPLICATION.—The fol- section 2. ‘‘(A) the use of funds by an entity under lowing provisions of title XX of the Home- ‘‘(9) INDIAN TRIBE.—The term ‘Indian tribe’ any grant for preparedness administered by land Security Act of 2002, as added by this means any Indian tribe, band, nation, or the Department that was awarded before the Act, shall not apply during the 1-year period other organized group or community, includ- date of enactment of the Improving Amer- beginning on the date of enactment of this ing any Alaskan Native village or regional or ica’s Security Act of 2007; Act— village corporation as defined in or estab- ‘‘(B) whether funds under each such grant (A) Subsections (b), (c), and (e)(4) (A) and lished pursuant to the Alaskan Native program were used by that entity as required (B) of section 2002; and Claims Settlement Act (43 U.S.C. 1601 et by law; and (B) In section 2002(f)(3)(A)(i), the phrase seq.), which is recognized as eligible for the ‘‘(C) the extent to which such funds were ‘‘by achieving, maintaining, or enhancing special programs and services provided by used to enhance preparedness. the essential capabilities of the applicants the United States to Indians because of their UBLIC AVAILABILITY ON WEBSITE.—The ‘‘(4) P on a nationwide basis,’’. status as Indians. Inspector General of the Department shall (2) 2-YEAR DELAY IN APPLICATION.—The fol- ‘‘(10) REGION.—The term ‘region’ means make each audit under this subsection avail- lowing provisions of title XX of the Home- any geographic area— able on the website of the Inspector General. land Security Act of 2002, as added by this ‘‘(A) certified by the Secretary under sec- ‘‘(5) REPORTING.— Act, shall not apply during the 2-year period tion 2002(a)(3); ‘‘(A) IN GENERAL.—Not later than 2 years beginning on the date of enactment of this ‘‘(B) consisting of all or parts of 2 or more and 60 days after the date of enactment of Act— counties, municipalities, or other local gov- the Improving America’s Security Act of (A) Subparagraphs (D) and (E) of section ernments and including a city with a core 2007, and annually thereafter, the Inspector 2006(g)(4); and population exceeding 500,000 according to the General of the Department shall submit to most recent estimate available from the Congress a consolidated report regarding the (B) Section 2006(i)(3). EFINITIONS.— United States Census; and audits conducted under this subsection. (c) D (1) TITLE XX.—Title XX of the Homeland ‘‘(C) that, for purposes of an application for ‘‘(B) CONTENTS.—Each report submitted under this paragraph shall describe— Security Act of 2002, as amended by sections a covered grant— ‘‘(i)(I) for the first such report, the audits 201, 202, 203, 204, and 205 is amended by add- ‘‘(i) is represented by 1 or more local gov- conducted under this subsection during the ing at the end the following: ernments or governmental agencies within 2-year period beginning on the date of enact- ‘‘SEC. 2009. DEFINITIONS. such geographic area; and ment of the Improving America’s Security ‘‘In this title: ‘‘(ii) is established by law or by agreement Act of 2007; and ‘‘(1) BOARD.—The term ‘Board’ means the of 2 or more such local governments or gov- ‘‘(II) for each subsequent such report, the Homeland Security Grants Board established ernmental agencies, such as through a mu- audits conducted under this subsection dur- under section 2002(f). tual aid agreement. ing the fiscal year before the date of the sub- ‘‘(2) CONSEQUENCE.—The term ‘con- ‘‘(11) RISK-BASED FUNDING.—The term ‘risk- mission of that report; sequence’ means the assessment of the effect based funding’ means the allocation of funds ‘‘(ii) whether funds under each grant au- of a completed attack. based on an assessment of threat, vulner- dited were used as required by law; and ‘‘(3) COVERED GRANT.—The term ‘covered ability, and consequence. ‘‘(iii) the extent to which funds under each grant’ means any grant to which this title ‘‘(12) TASK FORCE.—The term ‘Task Force’ grant audited were used to enhance pre- applies under section 2001(b). means the Task Force on Essential Capabili- paredness. ‘‘(4) DIRECTLY ELIGIBLE TRIBE.—The term ties established under section 2004. ‘‘(c) FUNDING FOR AUDITS.— ‘directly eligible tribe’ means any Indian ‘‘(13) THREAT.—The term ‘threat’ means ‘‘(1) IN GENERAL.—The Administrator shall tribe or consortium of Indian tribes that— the assessment of the plans, intentions, and withhold 1 percent of the total amount of ‘‘(A) meets the criteria for inclusion in the capability of an adversary to implement an each covered grant or a grant under section qualified applicant pool for self-governance identified attack scenario. 1809 for audits under this section. that are set forth in section 402(c) of the In- ‘‘(14) VULNERABILITY.—The term ‘vulner- ‘‘(2) AVAILABILITY OF FUNDS.—The Adminis- dian Self-Determination and Education As- ability’ means the degree to which a facility trator shall make amounts withheld under sistance Act (25 U.S.C. 458bb(c)); is available or accessible to an attack, in- this subsection available as follows: ‘‘(B) employs at least 10 full-time per- cluding the degree to which the facility is in- ‘‘(A) Amounts withheld from grants under sonnel in a law enforcement or emergency herently secure or has been hardened against the State Homeland Security Grant Program response agency with the capacity to re- such an attack.’’. shall be made available for audits under this spond to calls for law enforcement or emer- (2) DEFINITION OF EMERGENCY RESPONSE section of entities receiving grants under the gency services; and PROVIDERS.—Paragraph (6) of section 2 of the State Homeland Security Grant Program. ‘‘(C)(i) is located on, or within 5 miles of, Homeland Security Act of 2002 (6 U.S.C. ‘‘(B) Amounts withheld from grants under an international border or waterway; 101(6)) is amended by striking ‘‘includes’’ and the Urban Area Security Initiative shall be ‘‘(ii) is located within 5 miles of a facility all that follows and inserting ‘‘includes Fed- made available for audits under this section designated as high-risk critical infrastruc- eral, State, and local governmental and non- of entities receiving grants under the Urban ture by the Secretary; governmental emergency public safety, law Area Security Initiative. ‘‘(iii) is located within or contiguous to 1 enforcement, fire, emergency response, ‘‘(C) Amounts withheld from grants under of the 50 largest metropolitan statistical emergency medical (including hospital emer- the Law Enforcement Terrorism Prevention areas in the United States; or gency facilities), and related personnel, orga- Program shall be made available for audits ‘‘(iv) has more than 1,000 square miles of nizations, agencies, and authorities.’’. under this section of entities receiving Indian country, as that term is defined in (d) TABLE OF CONTENTS.—Section 1(b) of grants under the Law Enforcement Ter- section 1151 of title 18, United States Code. the Homeland Security Act of 2002 (6 U.S.C. rorism Prevention Grant Program. ‘‘(5) ELEVATIONS IN THE THREAT ALERT 101 note) is amended in the table of contents ‘‘(D) Amounts withheld from grants under LEVEL.—The term ‘elevations in the threat by adding at the end the following: the Citizen Corps Program shall be made alert level’ means any designation (including ‘‘TITLE XX—RISK-BASED FUNDING FOR available for audits under this section of en- those that are less than national in scope) HOMELAND SECURITY tities receiving grants under the Citizen that raises the homeland security threat ‘‘Sec. 2001. Risk-Based funding for homeland Corps Program. level to either the highest or second-highest security.

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0655 E:\CR\FM\A05MR6.059 S05MRPT1 ccoleman on PROD1PC60 with SENATE S2642 CONGRESSIONAL RECORD — SENATE March 5, 2007 ‘‘Sec. 2002. Covered grant eligibility and cri- Ms. COLLINS) to the bill S. 4, to make (C) has expertise in— teria. the United States more secure by im- (i) managing technology implementations ‘‘Sec. 2003. Essential capabilities for home- plementing unfinished recommenda- (including 9–1–1 data); and land security. tions of the 9/11 Commission to fight (ii) using highly secure, auditable, Inter- ‘‘Sec. 2004. Task Force on Essential Capa- net-based information dissemination meth- bilities. the war on terror more effectively, to ods; ‘‘Sec. 2005. National standards for first re- improve homeland security, and for (D) has alerting capabilities; and sponder equipment and train- other purposes, which was ordered to (E) is capable of creating and managing di- ing. lie on the table; as follows: rectories of special needs people; ‘‘Sec. 2006. Use of funds and accountability On page 69, strike line 15 and all that fol- (2) the terms ‘‘emergency’’ and ‘‘major dis- requirements. lows through page 70, line 2, and insert the aster’’ have the meanings given those terms ‘‘Sec. 2007. Minimum performance require- following: in section 102 of the Robert T. Stafford Dis- ments. ‘‘(d) MINIMUM ALLOCATION.— aster Relief and Emergency Assistance Act ‘‘Sec. 2008. Auditing. ‘‘(1) IN GENERAL.—In allocating funds under (42 U.S.C. 5122); ‘‘Sec. 2009. Definitions.’’. subsection (c), the Administrator shall en- (3) the terms ‘‘emergency response pro- On page 116, line 8, strike ‘‘0.75 percent’’ sure that, for each fiscal year— vider’’ and ‘‘local government’’ have the and insert ‘‘0.25 percent’’. ‘‘(A) except as provided in subparagraph meanings given those terms in section 2 of On page 116, line 13, strike ‘‘0.25 percent’’ (B), each State (other than the Virgin Is- the Homeland Security Act of 2002 (6 U.S.C. and insert ‘‘0.08 percent’’. lands, American Samoa, Guam, and the Com- 101); On page 347, strike lines 19 through 22, and monwealth of the Northern Mariana Islands) (4) the term ‘‘pilot program’’ means the insert the following: receives an amount equal to not less than Special Needs Registry Pilot Program estab- ‘‘(1) result in distributions to public safety 0.25 percent of the total funds appropriated lished under subsection (b); and entities among the several States that en- for the State Homeland Security Grant Pro- (5) the term ‘‘special needs registry’’ sure that for each fiscal year— gram; means a voluntary and updatable registry of ‘‘(A) no State receives less than an amount ‘‘(B) each State (other than the Virgin Is- individuals with special needs that is readily equal to 0.25 percent of the total funds appro- lands, American Samoa, Guam, and the Com- accessible to emergency response providers. priated for such grants; and monwealth of the Northern Mariana Islands) (b) ESTABLISHMENT.—The Secretary shall ‘‘(B) American Samoa, the Commonwealth that meets any of the additional high-risk establish a Special Needs Registry Pilot Pro- of the Northern Mariana Islands, Guam, and qualifying criteria described in paragraph (2) gram, to establish voluntary and updatable the Virgin Islands each receive no less than receives an amount equal to not less than registries of individuals with special needs, 0.08 percent of the amounts appropriated for 0.45 percent of the total funds appropriated readily accessible to emergency response such grants; and for the State Homeland Security Grant Pro- providers to facilitate the evacuation of such gram; individuals in the event of an emergency or SA 336. Mr. SCHUMER (for himself, ‘‘(C) the Virgin Islands, American Samoa, major disaster. and Mrs. CLINTON) submitted an Guam, and the Commonwealth of the North- (c) SELECTION.—The Secretary shall select amendment intended to be proposed to ern Mariana Islands each receives an amount an eligible entity to establish or operate a equal to not less than 0.08 percent of the special needs registry in not fewer than 3 lo- amendment SA 275 proposed by Mr. total funds appropriated for the State Home- cations under the pilot program, including REID (for himself, Mr. LIEBERMAN, and land Security Grant Program; and not fewer than— Ms. COLLINS) to the bill S. 4, to make ‘‘(D) directly eligible tribes collectively re- (1) 1 location in an urban area that has a the United States more secure by im- ceive an amount equal to not less than 0.08 special needs registry and a system for inte- plementing unfinished recommenda- percent of the total funds appropriated for grating that registry with emergency re- tions of the 9/11 Commission to fight the State Homeland Security Grant Pro- sponse centers; the war on terror more effectively, to gram, except that this subparagraph shall (2) 1 location in a rural area that has a spe- improve homeland security, and for not apply if the Administrator receives less cial needs registry and does not have a sys- than 5 applications for that fiscal year from tem for integrating that registry with emer- other purposes, as follows: directly eligible tribes or does not approve at gency response centers; and On page 64, between lines 2 and 3, insert least 1 such application for that fiscal year. (3) 1 location that does not have a special the following: ‘‘(2) ADDITIONAL HIGH-RISK QUALIFYING CRI- needs registry. ‘‘(e) PROHIBITION OF PEER REVIEW PROC- TERIA.—The additional high-risk qualifying (d) REQUIREMENTS.—A special needs reg- ESS.—The peer review process may not be criteria described in this paragraph are— istry established or operated under the pilot used in determining the allocation of funds ‘‘(A) having an international land border; program shall— among metropolitan areas applying for or (1) be voluntary; grants under this section. ‘‘(B) adjoining a body of water within (2) have an easily accessible means of reg- North America through which an inter- istration; SA 337. Mr. SCHUMER (for himself, national boundary line extends. (3) include information regarding individ- and Mrs. CLINTON) submitted an uals with special needs sufficient to allow amendment intended to be proposed to SA 339. Mr. WYDEN (for himself, Mr. emergency response providers to find such amendment SA 275 proposed by Mr. LIEBERMAN, Ms. COLLINS, and Mr. individuals quickly; (4) be updated regularly; and REID (for himself, Mr. LIEBERMAN, and SMITH) submitted an amendment intended to be proposed by him to the (5) be— Ms. COLLINS) to the bill S. 4, to make (A) maintained in a secure, private, and the United States more secure by im- bill S. 4, to make the United States more secure by implementing unfin- encrypted environment; and plementing unfinished recommenda- (B) distributed to appropriate local, coun- tions of the 9/11 Commission to fight ished recommendations of the 9/11 ty, State, and Federal emergency operations the war on terror more effectively, to Commission to fight the war on terror centers. improve homeland security, and for more effectively, to improve homeland (e) REPORTS.—Not later than 10 months other purposes, as follows: security, and for other purposes; which after the date that the Secretary selects an eligible entity under subsection (c), the Sec- On page 59, between lines 9 and 10, insert was ordered to lie on the table; as follows: retary shall submit to Congress a report— the following: (1) describing the use of funds under the At the appropriate place, add the fol- ‘‘(f) USE OF GRANT FUNDS FOR PERSONNEL pilot program; and lowing: COSTS.—The Secretary may not provide for (2) recommending whether the pilot pro- any limitation on the percentage or amount SEC. 15ll. SPECIAL NEEDS REGISTRY PILOT gram should be extended or modified. PROGRAM. of any grant awarded under the Homeland (f) TERMINATION.—The pilot program shall (a) DEFINITIONS.—In this section— Security Grant Program which may be used terminate 1 year after the date that the Sec- (1) the term ‘‘eligible entity’’ means a non- for personnel costs, including overtime or retary selects an eligible entity under sub- profit entity that— backfill costs. section (c). (A) possesses expertise in creating a co- On page 86, strike lines 6 through 20. (g) AUTHORIZATION OF APPROPRIATIONS.— ordinated response among individuals and There are authorized to be appropriated organizations involved with individuals with SA 338. Mr. OBAMA (for himself, Mr. $2,000,000 to carry out this section. WARNER, Mr. COBURN, Ms. LANDRIEU, special needs; (B) has a documented successful history of Mr. KENNEDY, Mr. MENENDEZ, Mrs. Mr. ROCKEFELLER sub- technology implementation and program de- SA 340. CLINTON, and Mr. SCHUMER) submitted velopment in the service of linking public mitted an amendment intended to be an amendment intended to be proposed and private organizations in information- proposed to amendment SA 275 pro- to amendment SA 275 proposed by Mr. sharing initiatives, particularly with and posed by Mr. REID (for himself, Mr. REID (for himself, Mr. LIEBERMAN, and among social agencies; LIEBERMAN, and Ms. COLLINS) to the

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.059 S05MRPT1 ccoleman on PROD1PC60 with SENATE March 5, 2007 CONGRESSIONAL RECORD — SENATE S2643 bill S. 4, to make the United States SEC. 803. EMPLOYEE RIGHTS AND ENGAGEMENT At the appropriate place, insert the fol- more secure by implementing unfin- MECHANISM FOR PASSENGER AND lowing: PROPERTY SCREENERS. ished recommendations of the 9/11 SEC. ll. COMPREHENSIVE STRATEGY TO RE- (a) APPEAL RIGHTS; ENGAGEMENT MECHA- Commission to fight the war on terror DUCE GLOBAL POVERTY AND ELIMI- NISM FOR WORKPLACE ISSUES; PAY FOR PER- NATE EXTREME GLOBAL POVERTY. more effectively, to improve homeland FORMANCE; UNION MEMBERSHIP.— (a) FINDINGS.—Congress makes the fol- security, and for other purposes; which (1) IN GENERAL.—Section 111(d) of the Avia- lowing findings: was ordered to lie on the table; as fol- tion and Transportation Security Act (49 (1) The 9/11 Commission found that a ‘‘com- lows: U.S.C. 44935 note) is amended— prehensive U.S. strategy to counter ter- (A) by striking ‘‘Notwithstanding’’ and in- On page 4, strike the item relating to sec- rorism should include economic policies that serting the following: tion 1336 and insert the following: encourage development, more open societies, ‘‘(1) IN GENERAL.—Except as provided in and opportunities for people to improve the Sec. 1336. Unified carrier registration sys- section 883 of the Homeland Security Act of lives of their families and to enhance pros- tem plan agreement. 2002 (6 U.S.C. 463) and paragraphs (2) through pects for their children’s future’’. Sec. 1337. Authorization of appropriations. (5), notwithstanding’’; and (2) Global poverty creates conditions that On page 298, strike line 8 and insert the fol- (B) by adding at the end the following: give rise to terrorism. ‘‘(2) RIGHT TO APPEAL ADVERSE ACTION.—An lowing: (b) DECLARATION OF POLICY.—It is the pol- individual employed or appointed to carry icy of the United States to promote the re- SEC. 1336. UNIFIED CARRIER REGISTRATION SYS- out the screening functions of the Adminis- TEM PLAN AGREEMENT. duction of global poverty, the elimination of trator under section 44901 of title 49, United extreme global poverty, and the achievement (a) IN GENERAL.—Notwithstanding section States Code, may submit an appeal of an ad- 4305(a) of the SAFETEA–LU Act (Public Law of the United Nations Millennium Develop- verse action covered by section 7512 of title ment Goal of reducing by one-half the pro- 109–59)— 5, United States Code, and finalized after the (1) section 14504 of title 49, United States portion of people worldwide, between 1990 date of the enactment of Improving Amer- and 2015, who live on less than $1 per day. Code, as that section was in effect on Decem- ica’s Security Act of 2007, to the Merit Sys- (c) COMPREHENSIVE STRATEGY.— ber 31, 2006, is re-enacted, effective as of Jan- tems Protection Board and may seek judicial (1) STRATEGY REQUIRED.—The President, uary 1, 2007; and review of any resulting orders or decisions of acting through the Secretary of State and in (2) no fee shall be collected pursuant to the Merit Systems Protection Board. section 14504a of title 49, United States Code, consultation with the heads of other appro- ‘‘(3) EMPLOYEE ENGAGEMENT MECHANISM FOR until 30 days after the date, as determined by priate departments and agencies of the Gov- ADDRESSING WORKPLACE ISSUES.—At every ernment of the United States, international the Secretary of Transportation, on which— airport at which the Transportation Secu- organizations, international financial insti- (A) the unified carrier registration system rity Administration screens passengers and tutions, the governments of developing and plan and agreement required by that section property under section 44901 of title 49, developed countries, United States and inter- has been fully implemented; and United States Code, the Administrator shall national nongovernmental organizations, (B) the fees have been set by the Secretary provide a collaborative, integrated employee civil society organizations, and other appro- under subsection (d)(7)(B) of that section. engagement mechanism to address work- priate entities, shall develop and implement (b) REPEAL OF SECTION 14504.—Section 14504 place issues. a comprehensive strategy to further the of title 49, United States Code, as re-enacted ‘‘(4) PAY FOR PERFORMANCE.—The Adminis- United States foreign policy objective of pro- by this Act, is repealed effective on the date trator shall establish a system to ensure moting the reduction of global poverty, the on which fees may be collected under section that an individual described in paragraph (2) elimination of extreme global poverty, and 14504a of title 49, United States Code, pursu- is compensated at a level that reflects the the achievement of the United Nations Mil- ant to subsection (a)(2) of this section. performance of such individual rather than lennium Development Goal of reducing by SEC. 1337. AUTHORIZATION OF APPROPRIATIONS. the seniority of such individual. one-half the proportion of people worldwide, ‘‘(5) CONSTRUCTION.—Nothing in this sec- between 1990 and 2015, who live on less than tion shall be construed to prohibit an indi- Mr. COLEMAN submitted an $1 per day. SA 341. vidual described in paragraph (2) from join- (2) CONTENT.—The strategy required under amendment intended to be proposed to ing a labor organization.’’. paragraph (1) shall include specific and amendment SA 275 proposed by Mr. (2) CONFORMING AMENDMENTS.—Section measurable goals, efforts to be undertaken, REID (for himself, Mr. LIEBERMAN, and 111(d)(1) of such Act, as redesignated by para- benchmarks, and timetables to achieve the OLLINS graph (1)(A), is amended— Ms. C ) to the bill S. 4, to make objectives described in such paragraph. (A) by striking ‘‘Under Secretary of Trans- the United States more secure by im- (3) GUIDELINES.—The strategy required portation for Security’’ and inserting ‘‘Ad- plementing unfinished recommenda- under paragraph (1) should adhere to the fol- ministrator of the Transportation Security tions of the 9/11 Commission to fight lowing guidelines: Administration’’; and the war on terror more effectively, to (A) Continued investment in existing (B) by striking ‘‘Under Secretary’’ each United States initiatives related to inter- improve homeland security, and for place it appears and inserting ‘‘Adminis- national poverty reduction, such as the other purposes; which was ordered to trator’’. lie on the table; as follows: United States Leadership Against HIV/AIDS, (b) WHISTLEBLOWER PROTECTIONS.—Section Tuberculosis, and Malaria Act of 2003 (22 On page 124, line 16, strike ‘‘and’’ after the 883 of the Homeland Security Act of 2002 (6 U.S.C. 7601 et seq.), the Millennium Chal- semicolon. U.S.C. 463) is amended, in the matter pre- lenge Act of 2003 (22 U.S.C. 7701 et seq.), the On page 124, line 18, strike the period and ceding paragraph (1), by inserting ‘‘, or sec- Heavily Indebted Poor Countries Initiative, insert ‘‘; and’’. tion 111(d) of the Aviation and Transpor- and trade preference programs for developing On page 124, between lines 18 and 19, insert tation Security Act (49 U.S.C. 44935 note),’’ countries. the following: after ‘‘this Act’’. (B) Increasing overall United States devel- (9) identify solutions to facilitate commu- (c) REPORTS.—Not later than 1 year after opment assistance levels while at the same nications between emergency response pro- the date of the enactment of this Act, the time improving the effectiveness of such as- viders in communities of differing popu- Administrator of the Transportation Secu- sistance. lation densities. rity Administration and the Comptroller (C) Enhancing and expanding debt relief. General of the United States shall each sub- (D) Leveraging United States trade policy Ms. COLLINS (for herself, Mr. mit an independent report to Congress that where possible to enhance economic develop- SA 342. contains an assessment of employment mat- STEVENS, Mr. VOINOVICH, Mr. WARNER, ment prospects for developing countries. ters at the Transportation Security Admin- (E) Coordinating efforts and working in co- Mr. SUNUNU, and Mr. GRASSLEY) pro- istration, including the implementation of posed an amendment to amendment SA operation with developed and developing this section. countries, international organizations, and 275 proposed by Mr. REID (for himself, international financial institutions. Mr. LIEBERMAN, and Ms. COLLINS) to SA 343. Ms. CANTWELL (for herself, (F) Mobilizing and leveraging the partici- the bill S. 4, to make the United States Mr. DODD, and Mr. FEINGOLD) sub- pation of businesses, United States and more secure by implementing unfin- mitted an amendment intended to be international nongovernmental organiza- ished recommendations of the 9/11 proposed by her to the bill S. 4, to tions, civil society, and public-private part- Commission to fight the war on terror make the United States more secure by nerships. more effectively, to improve homeland implementing unfinished recommenda- (G) Coordinating the goal of poverty reduc- security, and for other purposes; as fol- tions of the 9/11 Commission to fight tion with other development goals, such as combating the spread of preventable diseases lows: the war on terror more effectively, to such as HIV/AIDS, tuberculosis, and malaria, Strike section 803 (relating to Transpor- improve homeland security, and for increasing access to potable water and basic tation Security Administration personnel other purposes; which was ordered to sanitation, and reducing hunger and mal- management) and insert the following: lie on the table; as follows: nutrition.

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.037 S05MRPT1 ccoleman on PROD1PC60 with SENATE S2644 CONGRESSIONAL RECORD — SENATE March 5, 2007 (H) Integrating principles of sustainable by the Secretary to that of an alien lawfully less the Secretary has rendered a final ad- development into policies and programs. admitted for permanent residence, if the ministrative determination to deny the ap- (d) REPORTS.— alien— plication. (1) INITIAL REPORT.—Not later than one (i) applies for such adjustment not later (C) WORK AUTHORIZATION.—The Secretary year after the date of the enactment of this than 2 years after the date on which the Sec- shall authorize an alien who has applied for Act, the President, acting through the Sec- retary promulgates final regulations to im- adjustment of status under paragraph (1) to retary of State, shall transmit to the appro- plement this subsection; and engage in employment in the United States priate congressional committees a report (ii) is otherwise admissible to the United during the pendency of such application. that describes the strategy required under States for permanent residence, except in de- (4) AVAILABILITY OF ADMINISTRATIVE RE- subsection (c). termining such admissibility the grounds for VIEW.—The Secretary shall provide to appli- (2) SUBSEQUENT REPORTS.—Not less than inadmissibility specified in paragraphs (4), cants for adjustment of status under para- once every year after the submission of the (5), (6)(A), (7)(A), and (9)(B) of section 212(a) graph (1) the same right to, and procedures initial report under paragraph (1) until and of the Immigration and Nationality Act (8 for, administrative review as are provided including 2015, the President shall transmit U.S.C. 1182(a)) shall not apply. to— to the appropriate congressional committees (B) RULES IN APPLYING CERTAIN PROVI- (A) applicants for adjustment of status a report on the status of the implementation SIONS.— under section 245 of the Immigration and Na- of the strategy, progress made in achieving (i) IN GENERAL.—In the case of an alien de- tionality Act (8 U.S.C. 1255); or the global poverty reduction objectives described in paragraph (2) who is applying for (B) aliens subject to removal proceedings scribed in subsection (c)(1), and any changes adjustment of status under this subsection— under section 240 of such Act (8 U.S.C. 1229a). to the strategy since the date of the submis- (I) the provisions of section 241(a)(5) of the (d) CANCELLATION OF REMOVAL FOR CERTAIN Immigration and Nationality Act (8 U.S.C. sion of the last report. IMMIGRANT VICTIMS OF TERRORISM.— 1231(a)(5)) shall not apply; and (e) DEFINITIONS.—In this Act: (1) IN GENERAL.—Subject to the provisions (1) APPROPRIATE CONGRESSIONAL COMMIT- (II) the Secretary may grant the alien a of the Immigration and Nationality Act (8 TEES.—The term ‘‘appropriate congressional waiver on the grounds of inadmissibility U.S.C. 1101 et seq.), other than subsections committees’’ means— under subparagraphs (A) and (C) of section (b)(1), (d)(1), and (e) of section 240A of such (A) the Committee on Foreign Relations, 212(a)(9) of such Act (8 U.S.C. 1182(a)(9)). Act (8 U.S.C. 1229b), the Secretary shall, (ii) STANDARDS.—In granting waivers under the Committee on Finance, and the Com- under such section 240A, cancel the removal clause (i)(II), the Secretary shall use stand- mittee on Appropriations of the Senate; and of, and adjust to the status of an alien law- ards used in granting consent under subpara- (B) the Committee on Foreign Affairs, the fully admitted for permanent residence, an graphs (A)(iii) and (C)(ii) of such section Committee on Ways and Means, and the alien described in paragraph (2), if the alien 212(a)(9). Committee on Appropriations of the House applies for such relief. (C) RELATIONSHIP OF APPLICATION TO CER- of Representatives. (2) ALIENS ELIGIBLE FOR CANCELLATION OF TAIN ORDERS.— (2) EXTREME GLOBAL POVERTY.—The term REMOVAL.—The benefits provided under para- (i) APPLICATION PERMITTED.—An alien ‘‘extreme global poverty’’ refers to the con- graph (1) shall apply to any alien who— present in the United States who has been ditions in which individuals live on less than (A) was, on September 10, 2001, the spouse, $1 per day, adjusted for purchasing power ordered excluded, deported, removed, or ordered to depart voluntarily from the United child, dependent son, or dependent daughter parity in 1993 United States dollars, accord- of an alien who died as a direct result of a ing to World Bank statistics. States under any provision of the Immigra- tion and Nationality Act (8 U.S.C. 1101 et specified terrorist activity; and (3) GLOBAL POVERTY.—The term ‘‘global (B) was deemed to be a beneficiary of, and poverty’’ refers to the conditions in which seq.) may, notwithstanding such order, apply for adjustment of status under subparagraph by, the September 11th Victim Compensation individuals live on less than $2 per day, ad- Fund of 2001 (49 U.S.C. 40101 note). justed for purchasing power parity in 1993 (A). (ii) MOTION NOT REQUIRED.—An alien de- (3) STAY OF REMOVAL; WORK AUTHORIZA- United States dollars, according to World TION.— Bank statistics. scribed in clause (i) may not be required, as a condition of submitting or granting such (A) IN GENERAL.—The Secretary shall promulgate regulations to provide for an alien SA 344. Mr. LAUTENBERG (for him- application, to file a separate motion to reopen, reconsider, or vacate such order. subject to a final order of removal to seek a self, Mr. BROWNBACK, Mr. MENENDEZ, (iii) EFFECT OF DECISION.—If the Secretary stay of such order based on the filing of an Mr. REID, and Mrs. CLINTON) submitted grants a request under clause (i), the Sec- application under paragraph (1). an amendment intended to be proposed retary shall cancel the order. If the Sec- (4) WORK AUTHORIZATION.—The Secretary to amendment SA 275 proposed by Mr. retary renders a final administrative deci- shall authorize an alien who has applied for REID (for himself, Mr. LIEBERMAN, and sion to deny the request, the order shall be cancellation of removal under paragraph (1) to engage in employment in the United Ms. COLLINS) to the bill S. 4, to make effective and enforceable to the same extent as if the application had not been made. States during the pendency of such applica- the United States more secure by im- tion. plementing unfinished recommenda- (2) ALIENS ELIGIBLE FOR ADJUSTMENT OF STATUS.—The benefits provided under para- (5) MOTIONS TO REOPEN REMOVAL PRO- tions of the 9/11 Commission to fight graph (1) shall apply to any alien who— CEEDINGS.— the war on terror more effectively, to (A) was lawfully present in the United (A) IN GENERAL.—Notwithstanding any lim- improve homeland security, and for States as a nonimmigrant alien described in itation imposed by law on motions to reopen other purposes; which was ordered to section 101(a)(15) of the Immigration and Na- removal proceedings (except limitations pre- lie on the table; as follows: tionality Act (8 U.S.C. 1101(a)(15)) on Sep- mised on an alien’s conviction of an aggra- At the appropriate place, insert the fol- tember 10, 2001; vated felony (as defined in section 101(a)(43) lowing: (B) was, on such date, the spouse, child, de- of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43))), any alien who has become SEC. ll. PROVISION OF IMMIGRATION BENE- pendent son, or dependent daughter of an FITS FOR VICTIMS OF TERRORISM. alien who— eligible for cancellation of removal as a re- (a) SHORT TITLE.—This section may be (i) was lawfully present in the United sult of the enactment of this section may file cited as the ‘‘September 11 Family Humani- States as a nonimmigrant alien described in 1 motion to reopen removal proceedings to tarian Relief and Patriotism Act’’. such section 101(a)(15) on such date; and apply for such relief. (b) DEFINITIONS.— (ii) died as a direct result of a specified ter- (B) FILING PERIOD.—The Secretary shall (1) APPLICATION OF IMMIGRATION AND NA- rorist activity; and designate a specific time period in which all TIONALITY ACT PROVISIONS.—Except as other- (C) was deemed to be a beneficiary of, and such motions to reopen are required to be wise specifically provided in this section, the by, the September 11th Victim Compensation filed. The period shall begin not later than 60 definitions in the Immigration and Nation- Fund of 2001 (49 U.S.C. 40101 note). days after the date of enactment of this Act ality Act (8 U.S.C. 1101 et seq.), other than (3) STAY OF REMOVAL; WORK AUTHORIZA- and shall extend for a period not to exceed the definitions applicable exclusively to title TION.— 240 days. III of such Act, shall apply for purposes of (A) IN GENERAL.—The Secretary shall es- (e) EXCEPTIONS.—Notwithstanding any this section. tablish, by regulation, a process by which an other provision of this Act, an alien may not (2) SPECIFIED TERRORIST ACTIVITY.—For alien subject to a final order of removal may be provided relief under this section if the purposes of this section, the term ‘‘specified seek a stay of such order based on the filing alien is— terrorist activity’’ means any terrorist ac- of an application under paragraph (1). (1) inadmissible under paragraph (2) or (3) tivity conducted against the Government or (B) DURING CERTAIN PROCEEDINGS.—Not- of section 212(a) of the Immigration and Na- the people of the United States on Sep- withstanding any provision of the Immigra- tionality Act (8 U.S.C. 1182(a)), or deportable tember 11, 2001. tion and Nationality Act (8 U.S.C. 1101 et under paragraph (2) or (4) of section 237(a) of (c) ADJUSTMENT OF STATUS FOR CERTAIN seq.), the Secretary shall not order any alien such Act (8 U.S.C. 1227(a)), including any in- NONIMMIGRANT VICTIMS OF TERRORISM.— to be removed from the United States, if the dividual culpable for a specified terrorist ac- (1) ADJUSTMENT OF STATUS.— alien is in removal proceedings under any tivity; or (A) IN GENERAL.—The status of any alien provision of such Act and has applied for ad- (2) a family member of an alien described described in paragraph (2) shall be adjusted justment of status under paragraph (1), un- in paragraph (1).

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.051 S05MRPT1 ccoleman on PROD1PC60 with SENATE March 5, 2007 CONGRESSIONAL RECORD — SENATE S2645

(f) EVIDENCE OF DEATH.—For purposes of would assist the Federal Government to im- On page 273, between lines 17 and 18, insert this section, the Secretary shall use the plement a national public safety commu- the following: standards established under section 426 of nications network that involves commer- (A) such sums as may be necessary for fis- the Uniting and Strengthening America by cially based solutions. cal year 2007; Providing Appropriate Tools Required to SEC. ll. REPEAL. On page 273, line 18, strike ‘‘(A)’’ and insert Intercept and Obstruct Terrorism (USA PA- Section 4 of the Call Home Act of 2006 ‘‘(B)’’. TRIOT ACT) Act of 2001 (115 Stat. 362) in de- (Public Law 109–459; 120 Stat. 3400) is re- On page 273, line 19, strike ‘‘(B)’’ and insert termining whether death occurred as a direct pealed. ‘‘(C)’’. On page 273, line 20, strike ‘‘(C)’’ and insert result of a specified terrorist activity. ll SEC. . RULE OF APPLICATION. ‘‘(D)’’. Notwithstanding any other provision of On page 278, line 18, strike the closing SA 345. Mr. COBURN submitted an this Act, section 1381 of this Act shall have amendment intended to be proposed to quotation marks and the second period. no force or effect. On page 278, between lines 18 and 19, insert amendment SA 275 proposed by Mr. the following: REID (for himself, Mr. LIEBERMAN, and SA 346. Mr. INOUYE (for himself and ‘‘(g) PASSENGER DEFINED.—In this section, Ms. COLLINS) to the bill S. 4, to make Mr. STEVENS) submitted an amendment the term ‘passenger’ includes revenue and the United States more secure by im- intended to be proposed to amendment nonrevenue passengers and Amtrak employ- plementing unfinished recommenda- SA 275 proposed by Mr. REID (for him- ees.’’. tions of the 9/11 Commission to fight self, Mr. LIEBERMAN, and Ms. COLLINS) On page 295, strike lines 4 through 7 and in- the war on terror more effectively, to to the bill S. 4, to make the United sert the following: (c) RAIL SAFETY REGULATIONS.—Section improve homeland security, and for States more secure by implementing 20103(a) of title 49, United States Code, is other purposes; which was ordered to unfinished recommendations of the 9/11 amended to read as follows: lie on the table; as follows: Commission to fight the war on terror ‘‘(a) REGULATIONS AND ORDERS.—The Sec- At the appropriate place, insert the fol- more effectively, to improve homeland retary of Transportation, as necessary, shall lowing: security, and for other purposes; which prescribe regulations and issue orders for SEC. ll. TRANSFER OF FUNDS FROM DTV TRAN- was ordered to lie on the table; as fol- every area of railroad safety supplementing SITION AND PUBLIC SAFETY FUND. lows: laws and regulations in effect on October 16, (a) IN GENERAL.—Section 3006 of the Deficit 1970. Any regulation prescribed or order Reduction Act of 2005 (Public Law 109–171; 120 On page 260, line 2, after ‘‘section’’ insert issued by the Secretary of Transportation in- Stat. 24) is repealed. ‘‘such sums as may be necessary for fiscal volving railroad safety shall not be subject (b) AUTHORITY OF SECRETARY TO MAKE PAY- year 2007 and’’. to challenge, under section 20114(c) of this MENTS FROM FUND.—The Secretary may On page 262, between lines 18 and 19, insert chapter or under any other provision of law make payments of not to exceed the following: by which such a regulation or order may be $1,000,000,000, in the aggregate, through fiscal (A) such sums as may be necessary for fis- subject to judicial review, on the ground year 2009 from the Digital Television Transi- cal year 2007; that it impacts security.’’. tion and Public Safety Fund established On page 262, line 19, strike ‘‘(A)’’ and insert On page 298, line 6, after ‘‘section’’ insert under section 309(j)(8)(E) of the Communica- ‘‘(B)’’. ‘‘such sums as may be necessary for fiscal tions Act of 1934 (47 U.S.C. 309(j)(8)(E)) to On page 262, line 20, strike ‘‘(B)’’ and insert year 2007 and’’. ‘‘(C)’’. carry out the emergency communications On page 298, between lines 15 and 16, insert On page 262, line 21, strike ‘‘(C)’’ and insert operability and interoperable communica- the following: ‘‘(D)’’. tions grant program established in section ‘‘(1) such sums as may be necessary for fis- On page 263, between lines 17 and 18, insert 1809 of the Homeland Security Act of 2002, as cal year 2007; added by section 301(a)(1). the following: On page 298, line 16, strike ‘‘(1)’’ and insert (c) LIMITATIONS.—Grants awarded under (A) such sums as may be necessary for fis- ‘‘(2)’’. section 1809 of the Homeland Security Act of cal year 2007; On page 298, line 17, strike ‘‘(2)’’ and insert 2002, and funded by sums made available On page 263, line 18, strike ‘‘(A)’’ and insert ‘‘(3)’’. under this section may not exceed— ‘‘(B)’’. On page 298, line 18, strike ‘‘(3)’’ and insert (1) $300,000,000 in fiscal year 2007; On page 263, line 19, strike ‘‘(B)’’ and insert ‘‘(4)’’. (2) $350,000,000 in fiscal year 2008; and ‘‘(C)’’. On page 298, between lines 23 and 24, insert (3) $350,000,000 in fiscal year 2009. On page 263, line 20, strike ‘‘(C)’’ and insert the following: SEC. ll. REPORT TO CONGRESS. ‘‘(D)’’. (1) such sums as may be necessary for fis- (a) IN GENERAL.—The Secretary, in co- On page 263, line 21, strike ‘‘(D)’’ and insert cal year 2007; operation with the Chairman of the Federal ‘‘(E)’’. On page 298, line 24, strike ‘‘(1)’’ and insert Communications Commission, shall study On page 263, between lines 25 and 26, insert ‘‘(2)’’. the possibility of allowing commercial enti- the following: On page 298, line 25, strike ‘‘(2)’’ and insert ties to develop national public safety com- (A) such sums as may be necessary for fis- ‘‘(3)’’. munications networks that involve commer- cal year 2007; On page 299, line 9, strike ‘‘(3)’’ and insert cially based solutions. On page 263, line 26, strike ‘‘(A)’’ and insert ‘‘(4)’’. (b) CONTENT OF STUDY.—The study required ‘‘(B)’’. On page 299, line 10, strike ‘‘(4)’’ and insert under subsection (a) shall examine the fol- On page 264, line 1, strike ‘‘(B)’’ and insert ‘‘(5)’’. lowing: ‘‘(C)’’. On page 305, line 17, after ‘‘section’’ insert (1) Methods by which the commercial sec- On page 264, line 2, strike ‘‘(C)’’ and insert ‘‘such sums as may be necessary for fiscal tor can participate in the development of a ‘‘(D)’’. year 2007 and’’. national public safety communications net- On page 264, line 3, strike ‘‘(D)’’ and insert On page 307, after line 25, insert the fol- work. ‘‘(E)’’. lowing: (2) The feasibility of developing interoper- On page 264, between lines 6 and 7, insert ‘‘(1) such sums as may be necessary for fis- able shared-spectrum networks to be used by the following: cal year 2007; both public safety officials and private cus- (A) such sums as may be necessary for fis- On page 308, line 1, strike ‘‘(1)’’ and insert tomers. cal year 2007; ‘‘(2)’’. (3) The feasibility of licensing public safety On page 264, line 7, strike ‘‘(A)’’ and insert On page 308, line 2, strike ‘‘(2)’’ and insert spectrum directly to the commercial sector ‘‘(B)’’. ‘‘(3)’’. for the creation of an interoperable public On page 264, line 8, strike ‘‘(B)’’ and insert On page 308, line 3, strike ‘‘(3)’’ and insert safety communications network. ‘‘(C)’’. ‘‘(4)’’. (4) The amount of spectrum required for an On page 264, line 9, strike ‘‘(C)’’ and insert On page 311, between lines 24 and 25, insert interoperable public safety communications ‘‘(D)’’. the following: network. On page 264, line 10, strike ‘‘(D)’’ and insert ‘‘(1) such sums as may be necessary for fis- (5) The feasibility of having 2 or more com- ‘‘(E)’’. cal year 2007; peting but interoperable commercial public On page 270, between lines 15 and 16, insert On page 311, line 25, strike ‘‘(1)’’ and insert safety communications networks. the following: ‘‘(2)’’. (c) SUBMISSION TO CONGRESS.—Not later (A) such sums as may be necessary for fis- On page 312, line 1, strike ‘‘(2)’’ and insert than 12 months after the date of enactment cal year 2007; ‘‘(3)’’. of this Act, the Secretary shall report to On page 270, line 16, strike ‘‘(A)’’ and insert On page 312, line 2, strike ‘‘(3)’’ and insert Congress— ‘‘(B)’’. ‘‘(4)’’. (1) the findings of the study required under On page 270, line 17, strike ‘‘(B)’’ and insert On page 321, between lines 10 and 11, insert subsection (a); and ‘‘(C)’’. the following: (2) any recommendations for legislative, On page 270, line 18, strike ‘‘(C)’’ and insert ‘‘(1) such sums as may be necessary for fis- administrative, or regulatory change that ‘‘(D)’’. cal year 2007;

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.061 S05MRPT1 ccoleman on PROD1PC60 with SENATE S2646 CONGRESSIONAL RECORD — SENATE March 5, 2007 On page 321, line 11, strike ‘‘(1)’’ and insert bill S. 4, to make the United States The PRESIDING OFFICER. Without ‘‘(2)’’. more secure by implementing unfin- objection, it is so ordered. On page 321, line 12, strike ‘‘(2)’’ and insert ished recommendations of the 9/11 The resolution (S. Res. 94) was agreed ‘‘(3)’’. Commission to fight the war on terror to. SA 347. Mr. SESSIONS proposed an more effectively, to improve homeland The preamble was agreed to. amendment to amendment SA 275 prosecurity, and for other purposes; which The resolution, with its preamble, posed by Mr. REID (for himself, Mr. was ordered to lie on the table; as fol- reads as follows: LIEBERMAN, and Ms. COLLINS) to the lows: S. RES. 94 bill S. 4, to make the United States At the appropriate place, insert the fol- Whereas the United States must remain more secure by implementing unfin- lowing: vigilant against all threats to the homeland, ished recommendations of the 9/11 SEC. lll. AVAILABILITY OF THE EXECUTIVE including acts of terrorism, natural disas- Commission to fight the war on terror SUMMARY OF THE REPORT ON CEN- ters, and other emergencies; TRAL INTELLIGENCE AGENCY AC- more effectively, to improve homeland Whereas the Department of Homeland Se- COUNTABILITY REGARDING THE curity marks its 4th anniversary on March 1, security, and for other purposes; as fol- TERRORIST ATTACKS OF SEP- 2007; TEMBER 11, 2001. lows: Whereas the more than 208,000 employees (a) PUBLIC AVAILABILITY.—Not later than At the appropriate place, insert the fol- of the Department work tirelessly to carry 30 days after the date of the enactment of lowing: out the complex mission of securing the Na- this Act, the Director of the Central Intel- tion from terrorism and natural hazards SEC. ll. SENSE OF CONGRESS ON THE FUNDING ligence Agency shall prepare and make OF FENCING AND VEHICLES BAR- through protection, prevention, response, available to the public a version of the Exec- RIERS ALONG THE SOUTHWEST BOR- and recovery as well as serving the public ef- utive Summary of the report entitled the DER OF THE UNITED STATES. fectively by facilitating lawful trade, travel, ‘‘Office of Inspector General Report on Cen- (a) FINDINGS.—Congress makes the fol- and immigration; tral Intelligence Agency Accountability Re- lowing findings: Whereas the Department’s employees sac- garding Findings and Conclusions of the (1) On May 17, 2006, by a vote of 83 to 16, the rifice time with their families to work long Joint Inquiry into Intelligence Community Senate approved amendment 3979 sponsored hours to fulfill the Department’s vital mis- Activities Before and After the Terrorist At- by Senator Sessions to Senate Bill 2611 sion; and tacks of September 11, 2001’’ issued in June (109th Congress), the Comprehensive Immi- Whereas the Nation is indebted to the De- 2005 that is declassified to the maximum ex- gration Reform Act of 2006, which required partment’s employees for their labors: Now, tent possible, consistent with national secu- the Secretary of Homeland Security to con- therefore, be it rity. struct at least 370 miles of fencing and 500 Resolved, That the Senate honors the em- (b) REPORT TO CONGRESS.—The Director of miles of vehicle barriers along the southwest ployees of the Department of Homeland Se- the Central Intelligence Agency shall submit border of the United States. curity for their substantial contributions to to Congress a classified annex to the re- (2) On August 2, 1006, by a vote of 94 to 3, protecting the Nation on the 4th anniversary dacted Executive Summary made available the Senate approved amendment 4775 spon- of the Department. sored by Senator Sessions to House Bill 5631 under subsection (a) that explains the reason (109th Congress), the Department of Defense that any redacted material in the Executive f Summary was withheld from the public. Appropriations Act, 2007, which included a MEASURE READ THE FIRST provision to appropriate $1,829,000,000 for the f TIME—S. 761 construction of 370 miles of fencing and 461 miles of vehicle barriers along the southwest AUTHORITY FOR COMMITTEES TO Mr. REID. Mr. President, S. 761, in- border of the United States. MEET troduced earlier today by Senators (3) On September 20, 2006, by a vote of 80 to SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT REID of Nevada, MCCONNELL, and oth- 19, the Senate approved House Bill 6061 (109th MANAGEMENT, THE FEDERAL WORKFORCE, ers, is at the desk. I ask for its first Congress), the Secure Fence Act of 2006, AND THE DISTRICT OF COLUMBIA reading. which mandates the construction of fencing and border improvements along the south- Mr. LIEBERMAN. Mr. President, I The PRESIDING OFFICER. The west border. ask unanimous consent that the Sub- clerk will read the title of the bill for (4) On October 26, 2066, the President signed committee on Oversight of Government the first time. the Secure Fence Act of 2006 (Public Law Management, the Federal Workforce, The assistant legislative clerk read 109–367; 120 Stat. 2638), which mandates that and the District of Columbia be author- as follows: ‘‘[n]ot later than 18 months after the date of ized to meet on Monday, March 5, 2007 A bill (S. 761) to invest in innovation and the enactment of this Act, the Secretary of at 2:30 p.m. for a hearing entitled, A education to improve the competitiveness of Homeland Security shall take all actions the the United States in the global economy. Secretary determines necessary and appro- Review of the Transportation Security priate to achieve and maintain operational Administration Personnel System. Mr. REID. Mr. President, I will brief- control over the entire international land The PRESIDING OFFICER. Without ly comment on this action. It was a and maritime borders of the United States,’’ objection, it is so ordered. good occasion today. A press con- including ‘‘physical infrastructure enhance- f ference was held, led by myself and ments to prevent unlawful entry by aliens Senator MCCONNELL, with a good bipar- into the United States’’ into law. HONORING THE EMPLOYEES OF tisan group of excellent Senators, re- (b) SENSE OF CONGRESS.—It is the sense of THE DEPARTMENT OF HOME- garding legislation that would improve Congress that Congress should— LAND SECURITY (1) appropriate funds in the Department of America’s competitiveness. It is impor- Homeland Security Appropriations Act for Mr. REID. Mr. President, I ask unan- tant legislation. It has been worked on fiscal year 2008 to fund, at a minimum, the imous consent that the Senate proceed by a number of bipartisan Senators, in- strong commitment to border security rep- to consideration of S. Res. 94, which cluding Senator BINGAMAN. The person resented in the President’s budget request was submitted earlier today. who worked on it, from my perspective, for fiscal year 2008, which is consistent with The PRESIDING OFFICER. The more than anybody else is the distin- the congressional intent expressed in amend- clerk will report the resolution by guished Senator from Tennessee, Mr. ment 3979 sponsored by Senator Sessions to Senate Bill 2611 (109th Congress), amendment title. ALEXANDER, as did Senator ENSIGN and 4775 sponsored by Senator Sessions to House The assistant legislative clerk read Senator LIEBERMAN. It is totally bipar- Bill 5631 (109th Congress), and the Secure as follows: tisan. Fence Act of 2006; and A resolution (S. Res. 94) honoring the em- I hope we can, on a bipartisan basis, (2) appropriate funds in Department of ployees of the Department of Homeland Se- move it out of here in the near future. Homeland Security Appropriations Acts for curity on the 4th anniversary of the Depart- Mr. MCCONNELL. Mr. President, if I fiscal years after fiscal year 2008 in a manner ment. might add something, this is a classic consistent with the congressional intent ex- There being no objection, the Senate example of the Senate at its best. It is pressed in such amendment 3879, such amendment 4775, and the Secure Fence Act proceeded to consider the resolution. a significant bipartisan measure put of 2006. Mr. REID. Mr. President, I ask unan- together, as the majority leader indi- imous consent that the resolution be cated, with leadership on his side of the SA 348. Mr. WYDEN (for himself and agreed to, the preamble be agreed to, aisle and on our side by Senators Alex- Mr. BOND) submitted an amendment in- and the motion to reconsider be laid ander, Domenici, and Stevens. This is a tended to be proposed by him to the upon the table. significant piece of legislation that we

VerDate Aug 31 2005 05:04 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A05MR6.039 S05MRPT1 ccoleman on PROD1PC60 with SENATE March 5, 2007 CONGRESSIONAL RECORD — SENATE S2647 hope to be able to move in the very ture was invoked, there was a further prior to the cloture vote. We want to near future. delay in proceeding to the bill, and we move this legislation as quickly as pos- Mr. REID. Mr. President, I object to were not allowed to begin consider- sible and as fairly as possible. So I hope the bill’s second reading. ation of the bill until Wednesday, Feb- the people who have amendments to The PRESIDING OFFICER. Objec- ruary 28. offer will do it on this legislation. I tion is heard. On Thursday of last week, Senator hope they keep in mind that this is the The bill will be read for the second DEMINT offered his amendment to 9/11 Commission recommendations and time on the next legislative day. strike the TSA provision of the bill. We not an immigration bill. f have been trying to get an agreement The PRESIDING OFFICER. The Re- ORDERS FOR TUESDAY, MARCH 6, to vote on his amendment basically publican leader. 2007 since that evening and on other amend- Mr. MCCONNELL. Mr. President, let ments on the same subject matter as me add briefly before we adjourn that I Mr. REID. Mr. President, I ask unan- his amendment by Senators MCCASKILL have asked my Members to come over, imous consent that when the Senate and LIEBERMAN. completes its business today, it stand call up their amendments, and let’s see Today, Senator COLLINS offered her adjourned until 10 a.m., Tuesday, how many we can get processed in the TSA amendment. We are willing to add March 6; that on Tuesday, following next couple of days. We are anxious to her amendment to the agreement. That the prayer and the pledge, the Journal have amendments up and have amend- was objected to. of proceedings be approved to date, the ments voted on and will be cooperating As I indicated and the distinguished toward that end. morning hour be deemed to have ex- Republican leader indicated, tomorrow pired, and the time for the two leaders I will move to table the DeMint amend- f be reserved for their use later in the ment. day; that there then be a period for ADJOURNMENT UNTIL 10 A.M. I mention this because this is a good, TOMORROW morning business for 60 minutes, with very important piece of legislation. It Senators permitted to speak therein has all the markings of being able to do The PRESIDING OFFICER. Under for up to 10 minutes each, with the something on a bipartisan basis, once the previous order, the Senate stands first 30 minutes under the control of we get over these few little humps. adjourned until 10 a.m., March 6. the majority and the next 30 minutes There are now 31 amendments pending Thereupon, the Senate, at 7:22 p.m., under the control of the Republican to the bill. Most of the amendments do adjourned until Tuesday, March 6, 2007, leader or his designee; that following not deal with 9/11 recommendations. at 10 a.m. morning business, the Senate resume They are important funding issues that f consideration of S. 4; that at 12 noon must be resolved and other 9/11 issues I the Senate resume consideration of would like to resolve before there is a NOMINATIONS amendment No. 314, and the majority cloture vote on this bill. We have all leader be recognized; that on Tuesday, Executive nominations received by day tomorrow and we have Wednesday the Senate March 5, 2007: the Senate recess from 12:30 to 2:15 p.m. to finish this bill. CONSUMER PRODUCT SAFETY COMMISSION for the weekly conference work ses- Accordingly, I am going to wait as sions. long as I can to file cloture. We need to MICHAEL E. BAROODY, OF VIRGINIA, TO BE A COMMIS- The PRESIDING OFFICER. Without SIONER OF THE CONSUMER PRODUCT SAFETY COMMIS- resolve this bill this week. Immigra- SION FOR A TERM OF SEVEN YEARS FROM OCTOBER 27, objection, it is so ordered. 2006, VICE HAROLD D. STRATTON, RESIGNED. tion amendments are going to have to MICHAEL E. BAROODY, OF VIRGINIA, TO BE CHAIRMAN f wait until we deal with that bill later OF THE CONSUMER PRODUCT SAFETY COMMISSION, VICE HAROLD D. STRATTON, RESIGNED. ORDER TO ADJOURN this year. It is not going to be too late DEPARTMENT OF THE TREASURY Mr. REID. Mr. President, if there is because we are going to have to do immigration. I know the immigration DAVID GEORGE NASON, OF RHODE ISLAND, TO BE AN no further business to come before the ASSISTANT SECRETARY OF THE TREASURY, VICE EMIL Senate today, and if the Republican people feel strongly about this issue. A W. HENRY, JR. leader has no further business, I ask number of the people who have been DEPARTMENT OF STATE heavily involved in this immigration unanimous consent that the Senate PATRICK DENNIS DUDDY, OF MAINE, A CAREER MEM- stand adjourned under the previous debate previously have offered immi- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- gration amendments on this bill. I ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- order following a very brief statement DINARY AND PLENIPOTENTIARY OF THE UNITED STATES think it is better we do the immigra- OF AMERICA TO THE BOLIVARIAN REPUBLIC OF VEN- I am going to make. EZUELA. The PRESIDING OFFICER. Without tion legislation all at once and not objection, it is so ordered. piecemeal. I know how strongly the f people feel who have offered these f amendments, but this is not the vehi- CONFIRMATION CONSIDERATION OF S. 4 cle to offer those amendments. If clo- Executive nomination confirmed by Mr. REID. Mr. President, the Senate ture is invoked, most of these amend- the Senate Monday, March 5, 2007: is in the second week of consideration ments will fall. In fact, I think all of DEPARTMENT OF THE INTERIOR of the 9/11 bill. S. 4 was reported out them will. CARL JOSEPH ARTMAN, OF COLORADO, TO BE AN AS- during the recess and was available to I have indicated to the distinguished SISTANT SECRETARY OF THE INTERIOR. all Members on Monday, February 26. Republican leader that we are willing THE ABOVE NOMINATION WAS APPROVED SUBJECT TO We had to invoke cloture on the mo- to make sure we can dispose of the THE NOMINEE’S COMMITMENT TO RESPOND TO RE- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY tion to proceed last Tuesday. Once clo- amendments that appear to be germane CONSTITUTED COMMITTEE OF THE SENATE.

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CONGRATULATING MICHAEL ADY and enrolled into Maxon Furniture, Inc.’s Senior Center in Merrillville, Indiana. Marcella ON BEING NAMED THE 2007 President’s Club I 2006. In 2004, he was has always been known as a generous SMALL BUSINESS ADMINISTRA- named the U.S. Air Force Reserves’ Employer woman who is willing to help the people in her TION VETERANS SMALL BUSI- of the Year. community. For her selflessness, she is to be NESS CHAMPION FOR GUAM An avid surfer in his earlier years, Mr. Ady commended. spends most of his leisure time with his family, Madam Speaker, Marcella Stefanac Ander- HON. MADELEINE Z. BORDALLO working a farm in Yona. He, his wife Jovita, son has always given her time and efforts self- OF GUAM and their children Toby, Robert, and Robin lessly to the community of northwest Indiana IN THE HOUSE OF REPRESENTATIVES raise mangoes, papayas, bananas, pine- throughout her illustrious life. She has taught apples, betel nuts and local vegetables. We every member of her family and extended Monday, March 5, 2007 wish them a good harvest always, and we family the true meaning of service to others. I Ms. BORDALLO. Madam Speaker, I rise offer our best wishes as Mr. Ady now joins respectfully ask that you and my other distin- today to recognize and congratulate Mr. Mi- other Veteran Small Business Champions to guished colleagues join me in wishing Mar- chael Robert Ady, the president of M80 Office be considered for the Small Business Adminis- cella a very happy 85th birthday. Systems, for being named as the 2007 U.S. tration’s National Small Business Champion f Small Business Administration Veteran Small award. IN RECOGNITION OF MATT Business Champion for Guam. f Born in Joplin, MO, and educated at Mid- POWLESS western College in Denison, IA, Mr. Ady stud- TRIBUTE TO MRS. MARCELLA ied business administration while serving in STEFANAC ANDERSON HON. BRAD ELLSWORTH the U.S. Army. After his discharge in 1971, he OF INDIANA went to work for Phillips and Ober in California HON. PETER J. VISCLOSKY IN THE HOUSE OF REPRESENTATIVES and came to Guam in 1970 as the firm’s gen- OF INDIANA Monday, March 5, 2007 eral manager. Between 1984 and 1995, Mr. IN THE HOUSE OF REPRESENTATIVES Ady served as general manager for several Mr. ELLSWORTH. Madam Speaker, I rise Monday, March 5, 2007 Guam companies, including Connell Brothers today to recognize Matt Powless for winning Guam, Oceana Trading, and Office Concepts. Mr. VISCLOSKY. Madam Speaker, it is with the 171-pound individual Indiana high school In 1995, he struck out on his own, establishing great honor and pleasure that I congratulate State wrestling championship. This title M80 Office Systems as a one-man operation Mrs. Marcella Stefanac Anderson on a mo- capped an incredible 51–0 season for the in a home office with a single client. M80 Of- mentous milestone, her 85th birthday, which Evansville Memorial High School senior. fice Systems, today is a strong small business took place on March 4, 2007. Marcella will be After finishing sixth in the State tournament with 10 employees that specializes in office celebrating this milestone with family and last year, Powless returned to capture the first design and furniture supply. M80 ably serves friends on Saturday, March 10, 2007. State wrestling title in Memorial history. Along both the public and private sectors. Throughout the years, Marcella’s presence in the way he set school records for pins in a Mr. Ady is a role model for other veteran northwest Indiana has allowed her the oppor- season and career. His long list of wrestling entrepreneurs, and he takes that role seri- tunity to touch the lives of countless people. accolades includes sectional, regional, ously. He is an energetic supporter of veteran Marcella Stefanac was born on March 4, semistate, and conference titles. events and an always-willing volunteer partici- 1912, in Powhatan Point, Ohio. She was an In addition to his success on the mat, pant in seminars, conferences and community only child, born to Ivan and Albina Stefanac. Powless also excels in the classroom. He events aimed at providing veterans with ac- An accomplished student, Marcella completed ranks 13th in his high school class, with an cess to support, information, and educational her bachelor of science degree at Washington exemplary 5.9 grade point average on a 6.0 programs to assist them with their lives and University in Saint Louis, Missouri, and her scale. He has been named to six Academic All careers. master of science and doctorate degrees in City Teams for wrestling and football. His con- Mr. Ady is an active member of the Guam education from Temple University in Pennsyl- tinued academic success while devoting sig- Chamber of Commerce and readily shares his vania. From there, she decided to go into the nificant time to athletics is a testament to his knowledge and experience as a member of teaching profession. As a professor at intellect and dedication to excellence. the Chamber’s Small Business Development Valparaiso University in Indiana for 22 years, I congratulate Matt Powless for his remark- Committee. He was named co-chairman of the Marcella was able to enhance the lives of able wrestling season. He is the definition of Small Business Development Committee in many young people throughout the commu- a student-athlete and an excellent example for 2005. Mr. Ady was instrumental in aligning the nity. For her dedication to the students of young people in my district. Great job, Matt. committee’s activities toward training and out- Northwest Indiana, she is worthy of the high- f reach programs to encourage more small est admiration. business participation in chamber activities. As Equally as impressive, Marcella has always CONGRATULATING LUCY a result of the opportunities for participant been seen as the foundation of her family. MONTINOLA ALCORN ON BEING feedback, participation in training programs in- She and her husband, Jim Anderson, live in NAMED THE 2007 SMALL BUSI- creased 100 percent and membership in the Hobart with their cat, Mickey. Jim and Mar- NESS ADMINISTRATION SMALL Small Business Development Committee in- cella have one son, Bryn, who currently re- BUSINESS PERSON OF THE YEAR creased by 14 percent. sides in Orange County, California. Marcella’s FOR GUAM His other small business advocacy activities family, as well as those whose lives she has include serving as a business plan mentor at touched, respect her for devoting unselfish HON. MADELEINE Z. BORDALLO the 2003 Shell Guam Livewire Business Plan- love, time, commitment, guidance, and spirit to OF GUAM ning Competition for Youth, contributing as an her family, her students, and her friends. IN THE HOUSE OF REPRESENTATIVES exhibitor at the 2005 Small Business Match- In addition to being greatly loved and ad- making Fair, and presenting a veteran-owned mired by her family, her students, and her Monday, March 5, 2007 business case study at the 2006 Guam SBDC community, Marcella is also well known for her Ms. BORDALLO. Madam Speaker, I rise Veterans Small Business Conference. affiliations to several organizations, including today to recognize, congratulate and honor Mr. Ady is the recipient of numerous awards the Alfred Adler Institute, where she provides Ms. Lucy Montinola Alcorn on her selection as and commendations for his efforts to promote private counseling services for those in need. the U.S. Small Business Administration’s 2007 and support small business. He was named From the ages of 66 to 83, Marcella also Small Business Person of the Year for Guam. Panel Concepts’ Dealer of the Year in 1997 taught aerobics to senior citizens at the Pruzin Lucy’s dedication and commitment have made

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

VerDate Aug 31 2005 05:40 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MR8.001 E05MRPT1 mstockstill on PROD1PC66 with REMARKS E454 CONGRESSIONAL RECORD — Extensions of Remarks March 5, 2007 her company, Global Food Services, LLC, a TRIBUE TO STATE SENATOR Madam Speaker, I respectfully ask that you growing and continuing success. Lucy is a fit- ANITA BOWSER and my other distinguished colleagues join me ting recipient of this honor. in honoring State Senator Anita Bowser for Lucy, the fifth child born to Luis J. and HON. PETER J. VISCLOSKY her outstanding devotion to her community Helen C. Montinola, is of Filipino and OF INDIANA and the State of Indiana. Her unselfish and Chamorro descent. After finishing her edu- IN THE HOUSE OF REPRESENTATIVES lifelong dedication to her family, friends, stu- cation in the Philippines in 1979, she returned Monday, March 5, 2007 dents, and those she so faithfully served in to Guam and worked in various sectors of the her elected positions is worthy of the highest service industry, including customer support, Mr. VISCLOSKY. Madam Speaker, it is with commendation. Anita’s selflessness and her sales, real estate and insurance. She never deep sadness and the utmost respect that I commitment to preserving the rights of all peo- hesitated to help her husband, David Alcorn, take this time to remember a dear friend and ple are an inspiration to us all, and I am proud in the management and operations of local one of Indiana’s most distinguished citizens, to have called her my friend. food service providers. State Senator Anita Bowser of Michigan City. f On Sunday, March 4, 2007, Anita, a member In July 2003, Lucy fulfilled a dream by start- of the Indiana General Assembly for the past IN RECOGNITION OF TERRI ing her own business, Global Food Services, 27 years, passed away at the age of 86 after POCZERWINSKI LLC. With the support of the Guam office of a courageous battle with breast cancer. the Small Business Administration, Global Known for her commitment to preserving the Food Services Group earned its certification HON. BRAD ELLSWORTH rights of all citizens, Anita will surely be as a Minority/Woman owned 8(a) and OF INDIANA missed by her family, friends, and the people HUBZone Certified Small Disadvantaged Busi- IN THE HOUSE OF REPRESENTATIVES she so loyally served. ness. With the increase in military activities on Though well-known for her career as a pub- Monday, March 5, 2007 Guam provided Lucy an opportunity to expand lic servant, Anita’s life of service to her fellow the operations of Global Food Services by Mr. ELLSWORTH. Madam Speaker, I rise citizens goes far beyond her impressive career competing successfully for contracts let by the today to recognize the outstanding achieve- as an elected official. A revered scholar, Anita Department of Defense. ments of Terri Poczerwinski from Evansville, received her bachelor’s degree from Kent Indiana. Tomorrow, Mrs. Poczerwinski will be Since its inception, the Global Food Serv- State University and a law degree from the one of four graduates to receive the Career ices Group has maintained the distinction of McKinley School of Law, as well as a master’s College Association’s Graduate Recognition being the first Guam-based, locally owned degree from Purdue University and a master’s for Excellence, Achievement and Talent company to provide both direct and indirect degree and doctorate degree from the Univer- (GREAT) Award. To be selected among the support (quality of life) services to the U.S. sity of Notre Dame. It should come as no sur- 1.8 million students in career colleges across Navy Bases on Guam. Presently, Global Food prise, then, that Anita chose to use her vast the country is truly a remarkable feat. Services’ focus has been on the management knowledge to give back to her community by Mrs. Poczerwinski’s story is one of triumph and operations of the Navy Family and Bach- becoming an educator. Anita, who taught polit- over tragedy. She enrolled in the medical as- elor Housing Program; Morale, Welfare and ical science classes at Purdue University sisting program at Indiana Business College Recreation programs; and providing food serv- North Central for many years, touched and en- (IBC) in April 2005. She excelled in her class- ices, including the Department of Defense riched the lives of her students, many of es even while recovering from surgery the be- Education Activity (DoDEA) School Lunch Pro- whom went on to very successful careers in ginning of fall term. Then in November 2005, gram. an array of fields. As an instructor, she taught tragedy struck when Terri lost her daughter Today, as part of her ongoing vision to ex- her students with the same passion, commit- Melinda in the tornadoes that ravaged south- pand her company, Lucy is leading Global ment, and energy that she demonstrated as a west Indiana. Despite struggling with her per- Food Services in the pursuit of additional mili- member of the Indiana General Assembly. Her sonal grief, Mrs. Poczerwinski continued her tary and commercial projects on Guam with an passion for teaching and for challenging her hard work and success in the classroom. ultimate goal of expanding its operations to students will forever be remembered, and her Then two days before Thanksgiving and the mainland U.S. and abroad. With a contin- unwavering commitment to the betterment of again before Christmas, her son-in-law was in- ued focus on long term sustainability of the society will forever live in the hearts and jured by an improvised exploding device while company, she is dedicated to employee train- minds of those she mentored. serving in Iraq. But Mrs. Poczerwinski pressed ing and certification and exploration of new First elected to the Indiana General Assem- forward, graduating from IBC last December opportunities for her organization and indi- bly as a member of the Indiana House of Rep- with a 3.57 grade point average. She now vidual employees. resentatives in 1980, it was apparent upon her works at Hebron Pediatrics. Lucy has received the praise and admiration arrival that a true champion of civil rights had I congratulate Mrs. Poczerwinski for her tre- of Guam’s entire business community. She is come to Indianapolis. Following a remarkable mendous accomplishments in the face of ad- recognized not only for her tireless business career as a State Representative, Anita was versity. She is an inspiration to us all. drive, but also for her civic activities, which in- elected to the State Senate in 1992. As a f clude her membership in the Guam Memorial member of both the House and Senate, Anita Hospital Volunteers Association, the American served on many committees, and prior to her CONGRATULATING LOURDES LEON Red Cross and the Parents Advisory Board for passing, she was the ranking member on the GUERRERO ON BEING NAMED Father Duenas Memorial High School. Recog- Senate’s Pension and Labor Committee, THE 2007 SMALL BUSINESS AD- nized by her colleagues in the Guam Chamber where she fought tirelessly for workers’ rights. MINISTRATION WOMEN IN BUSI- of Commerce for her business acumen and Additionally, though she received many NESS CHAMPION FOR GUAM enthusiasm, Lucy was nominated for the awards and accolades for her efforts in pro- Chamber’s prestigious ‘‘Executive of the Year moting and preserving civil rights, Anita has HON. MADELEINE Z. BORDALLO for 2004’’ and was elected to the Chamber’s the distinct honor of being the first woman to OF GUAM Board of Directors for 2007 to 2009. Though act as House Speaker in the history of the IN THE HOUSE OF REPRESENTATIVES she dedicates much energy and time to the State of Indiana. Global Food Services Group and to numerous Throughout her illustrious career, aside from Monday, March 5, 2007 civic activities, Lucy is ever mindful that she being known as an eloquent speaker, Anita Ms. BORDALLO. Madam Speaker, I rise came from a closely knit family. Imbued with was often referred to as the ‘‘Conscience of today to acknowledge and congratulate Ms. these family values, Lucy is devoted to her the General Assembly,’’ Undoubtedly, this Lourdes Leon Guerrero on being selected as husband David and always a dedicated moth- moniker stemmed from her desire to better so- Guam’s Small Business Administration’s er to her children, Dereck, Cassy and Nick. ciety through supporting legislation aimed at Women in Business Champion for 2007. The Her dedication to the Guam community, her what is just and what is right. This desire for daughter of Jesus and Eugenia Leon Guer- leadership in the business world, her contribu- equality and inclusion was demonstrated time rero, founders of the Bank of Guam, Lou suc- tions to the quality of life for members of the and time again, even in her final speech from ceeds her father and brother Tony as the armed services, and her ability to balance her the podium, when she reminded her col- Bank of Guam’s president and chairwoman of career with the responsibilities of raising her leagues that the State constitution was in- its Board of Directors. Lou’s success began three children, make her recognition as the tended to preserve rights, not to take them many years ago in the halls of the Academy Small Business Person of the Year very fitting. away. of Our Lady of Guam, where she attended

VerDate Aug 31 2005 05:40 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MR8.005 E05MRPT1 mstockstill on PROD1PC66 with REMARKS March 5, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E455 high school, and onto the campuses of the youth in the community. They knew the youth of the Commission on Soviet Jewry of the California State University in Los Angeles, had a very influential voice, and that voice Community Relations Committee of the Jewish where she earned her bachelor of science in needed to be heard. Advised by Mayor Doug Federation Council. nursing degree, and UCLA, where she earned Olson and Councilwoman Olga Velasquez, the Honey’s work in Soviet Jewry led to her in- a masters degree in public health. commission, made up of high school students volvement in the Jewish National Fund, where After college, Lou returned to Guam to from the city of Portage, has become a very she served as a regional and national officer. serve as a nurse. After serving for many years significant component of the Portage commu- She also served as co-chair of the Jewish as a nursing administrator in one of Guam’s nity. Through their efforts, the commission has Feminist Center of the American Jewish Com- largest family clinics, Lou began her public successfully founded a Youth Service Day and mittee (AJC). She currently sits on the re- service in Guam’s legislature, where she an annual charity art auction, and they have gional and national boards of the American served as a senator for five terms. As a mem- also sponsored various other events focused Jewish Committee and serves as co-chair of ber of Guam’s legislative body, Lou pursued on the community’s youth. AJC’s regional International Relations Com- policies which have improved healthcare serv- With this year’s Youth Leadership Summit, mittee. ices on Guam. She worked with the Commis- the Portage Youth Commission hopes to set Honey also serves on the speakers’ bureau sion on Nurse Leaders and the Civil Service the tone for years to come. During this event, and the Synagogue Advisory Council of Jew- Commission to secure fair and equitable pay students from all parts of Northwest Indiana ish World Watch, and on the board of the Los for Guam’s nurses. A strong advocate for a to- will come together to share experiences and Angeles Jewish Symphony. At her synagogue, bacco-free environment, Lou introduced and learn valuable leadership skills that will benefit Temple Isaiah in West Los Angeles, she sits supported landmark legislation, including the them throughout their lifetimes. The goal of on the board of trustees and serves as chair Natasha Act, which prohibits smoking in public the commission is that by learning from each of the Jewish World Watch Committee, having places on Guam. She has initiated the devel- other, as well as teaching each other, these chaired and sat on several other committees opment of programs in order to ensure that students will realize that they are the leaders of the synagogue. In 2002, Honey was a member of a 9-per- women, children, the elderly and the disabled of tomorrow, and it is up to them to take re- son delegation from the AJC to go to Ger- are provided accessible and affordable sponsibility for the progress of their commu- many as a guest of Germany’s Konrad Ade- healthcare. nities and their Nation. nauer Foundation to address post-Holocaust As a healthcare professional, Lou has A special guest at this year’s event will be relations between Germans and Jews and be- fought for the viability of health insurance pro- Brett Eastburn, a motivational speaker who tween Germany and Israel. In September grams for the medically indigent and disabled. will address the students on the need for lead- 2005, she was invited to return to Germany as She has supported legislation which encour- ers to emerge in their generation. The summit a representative of the AJC on an Adenauer ages the disabled to become self-sufficient en- will also consist of various exercises and ac- Foundation delegation observing the campaign trepreneurs, and she has fostered policies tivities aimed at promoting leadership qualities of the CDU/CSU party in Germany. which ensure that dignity and respect are al- and a roundtable discussion on the impor- This past December, Honey volunteered ways afforded to the community’s senior citi- tance of leaders in society. through Sar-EI (Volunteers in Israel) to work zens. Madam Speaker, at this time, I ask that you for two weeks on an Army base in Israel. Lou continues to champion for the rights of and my other distinguished colleagues join me Honey and Ralph have three children: Jes- the indigenous population on Guam, and to in recognizing the efforts of the Portage Youth sica, Micah and Gabrielle. They have an ex- support Federal legislation which will recog- Commission and the organizers of their first tended circle of family and friends, which in- nize the loyalty and patriotism of the people of annual Youth Leadership Summit as they cludes Esther, an Ethiopian law student they Guam during World War II and provide repara- strive to educate the youth of Northwest Indi- have been sponsoring through the North tion for the horrific injustices endured by the ana on the importance of true leaders in our American Conference on Ethiopian Jewry, and Chamorro people during the occupation of society. Their inspiring efforts are to be com- Brenna, a young Navajo child in New Mexico Guam by Imperial Japanese forces. mended. Honey mentors through Futures for Children. Today, as chairperson of the board and f Judith Podolsky has both volunteered and chief executive officer of the Bank of Guam, TRIBUTE TO HONEY KESSLER offered her professional services to the Jewish Lou is active and involved with the Bank of community for many years. She has been a AMADO AND JUDITH PODOLSKY Guam’s daily operations, meeting regularly tremendous fundraiser for numerous causes with the bank’s policymakers and coordinating and is regarded as the consummate fundraiser with the top management staff. Through her HON. HENRY A. WAXMAN for Israel. work, Lou continues the legacy of fairness, OF CALIFORNIA Judy has received awards from the Masorti honesty, and trust that her father and brother IN THE HOUSE OF REPRESENTATIVES Foundation, the Schecter Institute, the Univer- began before her. By continuing this legacy, Monday, March 5, 2007 sity of Judaism and the Los Angeles Human Lou has proven her dedication to serving the Rights Commission for her remarkable con- people of Guam and ensuring that the Bank of Mr. WAXMAN. Madam Speaker, I rise to tributions. Guam continues to be an institution that can recognize two remarkable and accomplished Judy has played an historic role in the Los meet the unique needs of the local commu- women who are being honored as Women of Angeles Jewish community. She served as the nity. Valor by the West Coast region of the Amer- first female President of a Los Angeles area ican Committee for Shaare Zedek Medical f synagogue—Beth Kodesh (now Shomrei Center in Jerusalem. Honey Kessler Amado Torah). In addition, she has served as the vice TRIBUTE TO THE PORTAGE YOUTH and Judith Podolsky are both being named president of the Women’s League for Con- COMMISSION’S FIRST ANNUAL Women of Valor at a concert by the world-re- servative Judaism. Judy is a member of the YOUTH LEADERSHIP SUMMIT nowned Klezmer musician Giora Feidman on Executives Support for the Associates/IMC the evening of March 14, 2007, in Beverly Support Groups of the Los Angeles Jewish HON. PETER J. VISCLOSKY Hills, California. I cannot imagine more de- Home for the Aging. She is also a member of OF INDIANA serving recipients of this honor. the Los Angeles Human Rights Advisory Com- IN THE HOUSE OF REPRESENTATIVES Honey Kessler Amado has been keenly ac- mission and a lifetime member of Hadassah. tive in the Jewish community since college, After 18 distinguished years as one of Jew- Monday, March 5, 2007 when she served as a religious schoolteacher ish National Fund’s most successful and be- Mr. VISCLOSKY. Madam Speaker, it is with under her mentor and rabbi, Rabbi Mordechai loved staff members, Judy enjoyed a brief re- great pleasure that I stand before you to rec- Soloff. Honey became active in the Los Ange- tirement. She has recently joined the staff of ognize the Portage Youth Commission’s first les Jewish community soon after her marriage the American Committee for the Shaare Zedek annual Youth Leadership Summit. This re- to Ralph Amado, 30 years ago. She is now a and is responsible for attracting one of the markable event, which will bring together stu- central figure in the Los Angeles Jewish com- largest gifts ever received by the Medical Cen- dents from over 40 area high schools, will take munity and is regarded as an expert on issues ter. place on Saturday, March 17, 2007, at Wood- affecting the community. She first worked in Judy is a beloved, admired and respected land Park in Portage, IN. the Soviet Jewry movement, during which time mother, sister, aunt. She is a confidant to The Portage Youth Commission was estab- she and Ralph traveled to the Soviet Union to countless others. Her husband Stanley and lished in 2002 after local officials recognized visit Refusenik Jews. Her involvement and her extended family will be with her to receive the need for greater participation from the passion for the issue led her to become chair this prestigious award.

VerDate Aug 31 2005 05:40 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MR8.009 E05MRPT1 mstockstill on PROD1PC66 with REMARKS E456 CONGRESSIONAL RECORD — Extensions of Remarks March 5, 2007 I ask my colleagues to join me in recog- the San Vitores Court Homeowners Associa- mocracy in the workplace and returns workers nizing Honey Kessler Amado and Judith tion. He is also the current chairman of UOG’s their rights. The power to organize is the most Podolsky for their tireless dedication to the School of Business and Public Administration powerful tool available to workers. It empow- Los Angeles Jewish community and in con- Advisory Council. ers workers to have their voice heard. gratulating them on being named Women of Mr. Naholowaa now joins other Financial The working families of this Nation deserve Valor by the West Coast Region of the Amer- Services Champions for consideration as the recognition for the fruits of their labor. Through ican Committee for Shaare Zedek Medical Small Business Administration’s National this legislation, today we empower American Center in Jerusalem. Champion award. I wish Mike and his wife, workers to raise their voice, to reclaim their f Leah Beth, the best and thank them both for rights, and introduce a vital measure of de- their service to the people of Guam. CONGRATULATING MICHAEL W. mocracy to the American workplace. f NAHOLOWAA ON BEING NAMED THE 2007 SMALL BUSINESS AD- EMPLOYEE FREE CHOICE ACT f MINISTRATION FINANCIAL SERV- ICES CHAMPION FOR GUAM SPEECH OF RECOGNIZING THE 46TH ANNIVER- HON. RAU´ L M. GRIJALVA SARY OF THE PEACE CORPS HON. MADELEINE Z. BORDALLO OF ARIZONA OF GUAM IN THE HOUSE OF REPRESENTATIVES HON. JAMES R. LANGEVIN IN THE HOUSE OF REPRESENTATIVES Thursday, March 1, 2007 OF RHODE ISLAND Monday, March 5, 2007 The House in Committee of the Whole IN THE HOUSE OF REPRESENTATIVES Ms. BORDALLO. Madam Speaker, I rise to House on the State of the Union had under consideration the bill (H.R. 800) to amend the recognize and congratulate Mr. Michael W. Monday, March 5, 2007 Naholowaa, vice president of the Bank of National Labor Relations Act to establish an efficient system to enable employees to Mr. LANGEVIN. Madam Speaker, I rise Guam and manager of the Bank’s Upper form, join, or assist labor organizations, to Tumon Loan Center on being named the U.S. provide for mandatory injunctions for unfair today to pay tribute to the 46th anniversary of Small Business Administration 2007 Financial labor practice during organizing efforts, and the Peace Corps. For more than 4 decades, Services Champion for Guam. Mr. Naholowaa for other purposes: services donated by Peace Corps volunteers is responsible for all loan activities, including Mr. GRIJALVA. Madam Chairman, I rise have played an integral role in developing the underwriting and marketing of new and today in support of H.R. 800, the Employee countries, while fostering friendships and im- prospective businesses in Tumon/Tamuning, Free Choice Act of 2007. proving U.S. relations with their host countries. the heart of Guam’s commercial district. He is This bill should be recognized for what it is: The Peace Corps’ goals ultimately include pro- also responsible for loan administration for the a major advance for human rights, the right ff moting democratic values, peace and pros- bank branches in the Commonwealth of the of a worker to associate freely and to bargain perity. More than 187,000 Americans have Northern Mariana Islands, CNMI, and the Mi- collectively. The freedom to form a union is a served worldwide in 139 countries, promoting cronesian region. human right recognized in the Universal Dec- an ethic of international stewardship and Mr. Naholowaa is known for his concern for laration of Human Rights, the internationally peace. his customers and for making an extra effort recognized standard of the most basic and The Peace Corps was created by President to advise and assist those would-be entre- fundamental freedoms to which all human John F. Kennedy on March 1, 1961, as an preneurs who wish to start a business. Mr. beings are entitled. Article 23 of this document international volunteer organization dedicated Naholowaa is a true mentor for Guam’s youth, states: ‘‘Everyone has the right to form and to to serving the United States and promoting and his dedication is evident in his community join trade unions for the protection of his inter- peace around the world. During that time in service. As a former Junior Achievement advi- ests.’’ history, the United States was deep into the sor, he remains actively involved in the Guam This Act restores and gives substance to Cold War, and President Kennedy saw the Junior Achievement program, helping young the right to join a union. This right is a funda- need for an organization to serve as a non- people hone their entrepreneurial skills and mental element of a healthy and vibrant econ- military response to the perceived threat of providing them the tools necessary to succeed omy. Further, reinforcing this right makes this communism. President Kennedy invoked the in the future. prosperity accessible to working families and spirit of American service in his 1960 inau- Mr. Naholowaa earned an associate’s de- their communities. gural address where he famously encouraged gree in Computer Science and a bachelor’s Workers who belong to unions earn 30 per- Americans to ‘‘ask not what your country can degree in Business Administration from the cent more than nonunion workers. They are do for you—ask what you can do for your University of Guam in 1975 and 1978, respec- 62 percent more likely to have employer-pro- country.’’ The program has since provided vol- tively. He continued his education in banking vided health coverage and four times more unteers who train workers in the areas of edu- as he rose through the ranks in the Bank of likely to have pensions. A December 2006 re- cation, the HIV/AIDS pandemic, small busi- Guam, graduating from the Pacific Coast search study conducted by Peter D. Hart Re- ness development, agriculture, health care Banking School of the University of Wash- search Associates found that 60 million U.S. and public works. ington, Seattle, in 1988, and completing nu- workers say they would join a union if they While the world has changed dramatically merous Institute of Banking courses and work- could. Workers know that a union job means since the 1960s, the challenges to peace and shops as well as Small Business Administra- respect on the job, and a better life for their cooperation remain. I wholeheartedly support tion, RDA, and other govemment-sponsored families. courses and workshops. Fair wages. Good benefits. Secure retire- the current mission of the Peace Corps and its Mr. Naholowaa is a past chairman of the ment. These are core elements necessary to role in promoting cross-cultural relationships CNMI Banking Association, a past vice chair- build the American Dream, and this legislation with our global neighbors. It is a tremendous man of the Guam Institute of Banking; past is a vital step toward renewing that promise to educational tool and an opportunity for profes- president and vice president of the Saipan the workers of this Nation—the men and sional and personal development. Americans Chamber of Commerce, and chairman of the women on the ground, in whose labor and in- take as much away from their experiences as Saipan Junior Achievement Program. He also dustry we rely to make this dream a reality. do the people in other nations whose lives served in various leadership positions for the The Employee Free Choice Act preserves they touch. It is my hope that the Peace Corps Commonwealth Development Loan Fund, the the option for workers to choose to vote by se- remains steadfast in its mission to foster Saipan Rotary Club, the CNMI Governor’s cret ballot, and adds the option of choosing peace and knowledge around the world and Council of Economic Advisors, Bank of Guam majority sign-up as their method of gaining preserve the vision of President Kennedy. Employee Club, Guam Lion’s Club, and Uni- recognition. This bill removes the de facto veto Madam Speaker, I encourage my col- versity of Guam Student Organization. Mr. power employers currently exercise over the leagues to acknowledge the importance of the Naholowaa currently is a member of the option of majority sign-up. The rights and pre- Peace Corps organization and the commit- Guam Chamber of Commerce’s Armed Serv- rogatives of workers will increase. ment made by these volunteers. The Peace ices Committee and the Guam Junior Achieve- The right to form a union in America was Corps volunteers’ selfless dedication to this ment program, and is vice president of the born in struggle, and has been under attack nation and the international community is an Alupang Cove Homeowners Association and ever since. This bill ensures participatory de- example to us all.

VerDate Aug 31 2005 05:40 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A05MR8.012 E05MRPT1 mstockstill on PROD1PC66 with REMARKS March 5, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E457 CONGRATULATING MARIQUITA C. PERSONAL EXPLANATION THE PSORIASIS AND PSORIATIC LEON GUERRERO ON BEING ARTHRITIS RESEARCH, CURE, NAMED THE 2007 SMALL BUSI- AND CARE ACT NESS ADMINISTRATION HOME- HON. RAHM EMANUEL BASED BUSINESS CHAMPION FOR OF ILLINOIS GUAM IN THE HOUSE OF REPRESENTATIVES HON. DAVID WU HON. MADELEINE Z. BORDALLO Monday, March 5, 2007 OF OREGON IN THE HOUSE OF REPRESENTATIVES OF GUAM Mr. EMANUEL. Madam Speaker, I was ab- IN THE HOUSE OF REPRESENTATIVES sent from the Chamber for rollcall No. 103 on Monday, March 5, 2007 Monday, March 5, 2007 February 27, 2007. Had I been present, I would have voted ‘‘yea.’’ Mr. WU. Madam Speaker, I rise today to Ms. BORDALLO. Madam Speaker, I rise support all those in the United States battling today to recognize and congratulate Mrs. f psoriasis and psoriatic arthritis and that is why Maraquita C. Leon Guerrero on being named on February 9, 2007 I introduced H.R. 1188, the U.S. Small Business Administration 2007 IN RECOGNITION OF THE 25TH AN- The Psoriasis and Psoriatic Arthritis Research, Home-Based Business Champion of the Year NIVERSARY OF THE AMERICAN Cure, and Care Act. for Guam. Mrs. Leon Guerrero, affectionately HERBAL PRODUCTS ASSOCIA- known as ‘‘Tita,’’ is the proprietress of Tita’s TION (AHPA) Today as many as seven and a half million Bakery, a home-based bakery that has pro- Americans are affected by psoriasis—a chron- duced Chamorro pastries since 1965. ic, inflammatory, painful, disfiguring and dis- This honor is richly deserved. Tita has made HON. FRANK PALLONE, JR. abling disease for which there are limited a much-loved local confection very nearly an OF NEW JERSEY treatments and no cure. What’s worse is that along with living with this disease is that many icon of my home district. Some people call IN THE HOUSE OF REPRESENTATIVES them Chamorro jaw breakers, others call them of these patients are still living with the painful a cookie, and still others a candy. Guguria is Monday, March 5, 2007 stigma that has accompanied psoriasis for some many years. all of those. They are small, hard sugar-coated Mr. PALLONE. Madam Speaker, I rise today cookies made with coconut milk. to honor the American Herbal Products Asso- The Psoriasis and Psoriatic Arthritis Re- For more than 40 years now, Tita’s Guguria ciation (AHPA), an organization that is cele- search, Cure, and Care Act seeks to create a has fulfilled the sweet-tooth cravings of my brating its 25th anniversary. fundamental understanding of where we are constituents who didn’t want to undertake the Since AHPA’s founding in 1982, the organi- as a nation in fighting psoriasis and how we laborious process of making guguria them- zation has been at the forefront of promoting can align our resources and focus our efforts selves. Newcomers to Guam quickly discover the responsible commerce of herbs and herbal in combating the disease. The Act calls on the Tita’s Guguria and have sent them to their products and has continually been a leader in Secretary of Health and Human Services to families and friends far and wide. Tita’s the herbal products community. AHPA began convene a summit of researchers, public Guguria also has become a staple in ‘‘care by organizing growers, processors, manufac- health professionals, representatives of patient packages’’ from families at home to relatives turers and marketers of herbal products and advocacy organizations and policymakers to here in the mainland. In 1998, during his visit has since grown into a diverse trade associa- review current efforts in psoriasis and psoriatic to Guam, President Bill Clinton was served tion, representing over 250 companies in the arthritis research, treatment, quality-of-life some of Tita’s Guguria. Upon his return to herbal products industry and their affiliated being conducted by federal agencies whose Washington, DC, the White House placed an businesses. work involves psoriasis and psoriatic arthritis order for more. and psoriasis and psoriatic arthritis related co- AHPA has distinguished itself in the dietary Mrs. Leon Guerrero’s business model—the morbidities. secret to her success—is a classic one: She supplement world for the quality of its work The Act also commissions the Institute of found a need and filled it admirably. But Tita and advocacy before lawmakers and regu- Medicine to investigate and recommend did not intend to build a successful small busi- lators. AHPA is highly regarded in as a knowl- changes to the current ways psoriasis is treat- ness. Like most home-based entrepreneurs, edgeable and trusted voice on issues that im- ed by the insurance industry and what treat- she simply wanted to augment her family in- pact trade in herbal products. Over the years, ments are available to patients and how effec- come. Her little bake shop, which started as a AHPA has gained a reputation for tackling tive available care is for patients. 12–by–14–foot room, now covers more than complex issues in this diverse sector. 5,000 square feet. One of Tita’s daughters One of the many contributions that AHPA is Finally, the Act directs the Center for Dis- now follows in her mother’s footsteps, oper- proud of is its publication of the reference, ease Control and Prevention to begin to de- ating her own home-based bakery business Herbs of Commerce, which established stand- velop a patient registry to collect much-need- called ‘‘Tita, Jr.,’’ which specializes in baked ardized common names for herbal ingredients ed, and highly informative longitudinal data on goods from handed-down family recipes. and is used by the Food and Drug Administra- psoriasis and psoriatic arthritis so researchers Mrs. Leon Guerrero is a role model not only tion as a reference in the labeling regulations can begin to understand the long-term impact for her daughters but for all other would-be for dietary supplements. AHPA also made sig- of these conditions and evaluate the effects of home-based entrepreneurs. She has proven nificant contributions toward the passage of various therapies. the Dietary Supplement Health and Education that a good idea is a valuable thing, and hard I would I also like to recognize the work of Act of 1994. More recently, AHPA played a work really does pay off. ‘‘You have to be the National Psoriasis Foundation, and their seminal role in the effort to establish a Federal happy, and you must enjoy your work in order leadership to work with patients and their fami- serious adverse event reporting mechanism to succeed,’’ she is quoted as saying in a lies, doctors and researchers to work toward a for the dietary supplement industry. AHPA’s magazine feature. better understanding of the disease and their lead voice on this issue was extremely instru- Although she still gets up at 2 in the morn- commitment to improve the quality of life for mental in the passage in December 2006 of ing to start work, Tita devotes the weekends people living with psoriasis and psoriatic arthri- the Dietary Supplement and Nonprescription to her family. Her husband Ben is her most tis. loyal and loving ‘‘employee’’; he helps with de- Drug Consumer Protection Act of 2006. liveries. We send Tita, Ben, Genny, Renee, AHPA and its members should be com- This bill is an important move forward to re- their grandchildren, and the employees of mended for their ongoing commitment to sup- alizing the promise of the current research in Tita’s bakery our best wishes as they join porting the responsible commerce of herbs the field, as well as the creation of possibilities other Home-based Business Champions from and herbal products in the United States. I for the future. around the country for consideration to be the once again rise to recognize this momentous I urge my colleagues to join me in sup- Small Business Administration’s National occasion and to wish AHPA a happy 25th An- porting the Psoriasis and Psoriatic Arthritis Re- Champion for that category. niversary. search, Cure, and Care Act.

VerDate Aug 31 2005 05:40 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A05MR8.016 E05MRPT1 mstockstill on PROD1PC66 with REMARKS E458 CONGRESSIONAL RECORD — Extensions of Remarks March 5, 2007 CONGRATULATING PEREZ BROS, were groomed by their father to pursue var- vannah. However, his military legacy lives on, INC. ON BEING NAMED THE 2007 ious disciplines relevant to continuity and as he is still known as the ‘‘Father of the SMALL BUSINESS ADMINISTRA- growth of the family business. They continue American Cavalry’’. TION JEFFREY BUTLAND FAM- to follow their father’s vision and they hope to As Illinois celebrates Casimir Pulaski Day ILY-OWNED BUSINESS OF THE instill in their children the work ethic that their today, it is my honor to join in recognizing the YEAR FOR GUAM father instilled in them. This is important for life and achievements of that great patriot. In the survival of the family business. The broth- Congress, I am working with many of my col- HON. MADELEINE Z. BORDALLO ers realize that it is up to them to map out the leagues to pass legislation that would make Casimir Pulaski a citizen posthumously. I be- OF GUAM company’s next 50 years. lieve this is a fitting tribute for a man who did IN THE HOUSE OF REPRESENTATIVES f so much to win the independence, rights and Monday, March 5, 2007 IN HONOR OF RUDY FARBER liberties that Americans enjoy today. Ms. BORDALLO. Madam Speaker, I rise f today to congratulate the Perez Bros, Inc. of HON. ROY BLUNT HONORING THE LIFE AND SERVICE Upper Tumon, Guam on being named the OF MISSOURI OF 2ND LIEUTENANT MARK J. U.S. Small Business Administration 2007 Jef- IN THE HOUSE OF REPRESENTATIVES DAILY frey Butland Family-Owned Business of the Year for Guam. Monday, March 5, 2007 Perez Bros, Inc. was founded by the late Mr. BLUNT. Madam Speaker, I rise today to HON. JOHN CAMPBELL Frank D. Perez on September 1951. Perez recognize Rudy Farber, who recently cele- OF CALIFORNIA Bros began as a hardware store outside his brated his 50th year of service at the Commu- IN THE HOUSE OF REPRESENTATIVES mother-in-law’s home on Guam. It was a con- nity Bank and Trust in Neosho, Missouri. Monday, March 5, 2007 glomerate comprised of a construction com- At the age of 16, as soon as he could drive, Mr. CAMPBELL of California. Madam pany, manufacturer of concrete block prod- Rudy began working in the bookkeeping de- Speaker, I rise today to honor the life of 2nd ucts, a hardware store and related services. In partment of the Bank of Neosho. Over the Lieutenant Mark J. Daily—an honorable citizen 1960, Frank D. Perez incorporated his com- course of his career he has watched the bank and hero in our nation’s War on Terrorism. pany and opened a 12,000 square foot store go from figuring interest by hand to the auto- Lieutenant Daily grew up in Irvine, Cali- in Hagatna, Guam. Perez Bros, Inc. now man- mated process that it is today. Rudy became fornia, and graduated from Woodbridge High ufactures, supplies and transports ready-mix president of the bank in 1979, taking over for School in 2001. He was known among family concrete masonry blocks, pre-cast concrete, his father who had served as president since and friends as having an amazing breadth of limestone aggregates, and related concrete 1942. Rudy’s father was dedicated to the com- knowledge, a strong desire to serve, and a accessories. One of only two concrete manu- munity and Rudy has followed in his footsteps wonderful sense of humor. facturers on Guam, Perez Bros, Inc. is the by believing that community bankers should In 2005, Lieutenant Daily graduated from only locally owned concrete producer based be involved in community improvement. In the University of California at Los Angeles as on the founder and owner’s indigenous back- 1987, Rudy introduced an employee stock a Reserve Officers’ Training Corps (ROTC) ground. ownership program for the bank. The employ- cadet with a bachelor’s degree in political In the early 70’s Perez Bros, Inc. started ex- ees currently own half of the bank and Rudy science. His ability and work ethic was further panding, opening an asphalt and crusher plans that in the future the employees will pur- exemplified that year when he was named as plant. The company spent $1 million buying a chase his interest and keep the bank em- both the ROTC outstanding cadet and a Dis- fleet of dump trucks, mixers and paving equip- ployee owned. Before becoming president, tinguished Military Graduate, the highest honor ment. Perez Bros, Inc. won bids for major Rudy worked as an assistant cashier, assist- one can receive in the ROTC. As a member of the United States Army’s projects on four island roadways. In 1973 ant vice-president and served in the United 4th Brigade Combat Team, he was stationed Perez Bros, Inc. was hit hard by the oil crisis States Navy from 1963–1967. The bank in Iraq’s northern city of Mosul. Tragically, on and eventually in 1982 Perez Bros, Inc. had to changed its name to the Community Bank and shut down their asphalt plant and hardware January 15, 2007, Lieutenant Daily made the Trust in 1993 and now operates branches ultimate sacrifice when he was killed con- store. Guam’s economy started an upswing throughout Southwest Missouri. Rudy con- when a tourism boom began in the latter part ducting operations in the city. tinues to serve as president and chairman of Lieutenant Daily is survived by his wife, of the decade. Soon construction cranes put- the Community Bank and Trust. Rudy and his Snejana; his parents, John and Linda; his sisting up high-rise hotels were the dominant fea- wife Dorothy have two children, Aaron and ters, Christine and Nicole; and his brother, ture of the Tumon, Guam skyline. Perez Bros, Nori Vial. Eric. He valued their love, and they miss him Inc. was quick to take advantage of the boom. I am proud to congratulate Rudy Farber on terribly now. On his webpage, Lieutenant Daily ‘‘We own the land that we quarry, we own the his 50 years of service as a community leader listed his interests as ‘‘family, peace, and crusher that processes the rocks, the dump in Neosho. progress.’’ And it is in the value that he placed trucks that bring it here and the mixers that f on these three things that we see the quality deliver it to our customers. So we really don’t HONORING THE CONTRIBUTIONS of his character. have, with the exception of the asphalt plant, The night before he left for Iraq, Lieutenant OF CASIMIR PULASKI we don’t have an ongoing battle with bureauc- Daily wrote an online weblog to friends and racy,’’ said Tom, son of the late Frank D. family entitled ‘‘Why I Joined.’’ In the post, he Perez, in an interview for a business maga- HON. DANIEL LIPINSKI articulately stated the importance of fostering zine. Perez Bros, Inc. revenues peaked in OF ILLINOIS a stable democratic government in Iraq, and 1998 during the tourism boom and continues IN THE HOUSE OF REPRESENTATIVES the harsh consequences of failure. He called to peak with the impending military buildup Monday, March 5, 2007 upon all Americans to challenge themselves, starting in 2008. The military estimates $10 to not just enjoy the blessings of liberty, but to billion will be pumped into Guam in the form Mr. LIPINSKI. Madam Speaker, today we act upon them. of military and related construction projects salute and honor the life of Casimir Pulaski. In the wake of his death, Lieutenant Daily’s over the next eight years. Casimir Pulaski was born in Poland and web log was widely distributed in newspapers Greg, Tom and John are three of the six gained extensive military experience there be- and on the internet. These words have served sons born to the late Frank D. Perez. The fore moving to the United States in 1777. At as an inspiration and encouragement to many. brothers currently own and operate Perez that time, the U.S. was in the midst of the It is clear he felt passionately about what he Bros Inc. on Guam. Greg (the third eldest Revolutionary War, and George Washington’s was doing and why he was doing it. What bet- brother) serves as Vice President of Adminis- army was in need of experienced com- ter way to remember his heart for service and tration, Tom (the fifth eldest brother) is cur- manders. Casimir Pulaski bravely volunteered commitment to progress than by reflecting on rently the President of Perez Bros, Inc and to serve with the American troops, famously his own words. Mr. Speaker, the following web John (the youngest brother) have spent the stating, ‘‘I came here, where freedom is being log entry was posted on his website on Octo- last 20 years diversifying their business inter- defended, to serve it, and to live or die for it.’’ ber 29, 2006: ests on Guam, creating hundreds of local jobs Casimir Pulaski soon distinguished himself in WHY I JOINED for Guam’s workforce and strengthening battles at Brandywine and Charleston before This question has been asked of me so Guam economy. Collectively, all three brothers being fatally wounded during the Battle of Sa- many times in so many different contexts

VerDate Aug 31 2005 05:40 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A05MR8.020 E05MRPT1 mstockstill on PROD1PC66 with REMARKS March 5, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E459 that I thought it would be best if I wrote my initial engagement with Saddam and other one of Southern California’s most respected reasons for joining the Army on my page for regional actors is identified as the ultimate and technologically-advanced hospitals. And all to see. First, the more accurate question argument against America’s moral crusade. the same excellence that it strives for within its is why I volunteered to go to Iraq. After all, And maybe it is. Maybe the reality of poli- I joined the Army a week after we declared tics makes all political action inherently walls, is apparent in its efforts to touch lives war on Saddam’s government with the inten- crude and immoral. Or maybe it is these ad- outside its walls. tion of going to Iraq. Now, after years of ventures in philosophical masturbation that St. Jude continuously improves the health training and preparation, I am finally here. prevent people from ever taking any kind of and quality of life of the people in the commu- Much has changed in the last three years. effective action against men like Saddam nities it serves. One example is the St. Jude The criminal Ba’ath regime has been re- Hussein. One thing is for certain, as dis- Neighborhood Health Center. Located in an placed by an insurgency fueled by Iraq’s agreeable or as confusing as my decision to neighbors who hope to partition Iraq for enter the fray may be, consider what peace underserved area, this new facility offers a full their own ends. This is coupled with the ever vigils against genocide have accomplished range of outpatient care to uninsured and low- present transnational militant Islamist lately. Consider that there are 19 year old income families. movement which has seized upon Iraq as the soldiers from the Midwest who have never St. Jude’s commitment to improving lives is greatest way to kill Americans, along with touched a college campus or a protest who anyone else they happen to be standing near. evident in each of the 14 hospitals within the have done more to uphold the universal le- St. Joseph Health System (SJHS), the Catho- What was once a paralyzed state of fear is gitimacy of representative government and now the staging ground for one of the largest individual rights by placing themselves be- lic healthcare ministry of the sisters. In South- transformations of power and ideology the tween Iraqi voting lines and homicidal reli- ern California, SJHS is considered the pre- Middle East has experienced since the col- gious fanatics. Often times it is less about eminent healthcare network and includes four lapse of the Ottoman Empire. Thanks to how clean your actions are and more about hospitals, outpatient facilities, hospice and Iran, Syria, and other enlightened local ac- how pure your intentions are. home health care agencies, and physician tors, this transformation will be plagued by So that is why I joined. In the time it took groups. interregional hatred and genocide. And I am for you to read this explanation, innocent now in the center of this. people your age have suffered under the Is this why I joined? f Yes. Much has been said about America’s crushing misery of tyranny. Every tool of intentions in overthrowing Saddam Hussein philosophical advancement and communica- EMPLOYEE FREE CHOICE ACT and seeking to establish a new state based tion that we use to develop our opinions upon political representation and individual about this war are denied to countless rights. Many have framed the paradigm human beings on this planet, many of whom SPEECH OF through which they view the conflict around live under the regimes that have, in my opin- one-word explanations such as ‘‘oil’’ or ‘‘ter- ion, been legitimately targeted for destruc- HON. ELIOT L. ENGEL tion. Some have allowed their resentment of rorism,’’ favoring the one which best serves OF NEW YORK their political persuasion. I did the same the President to stir silent applause for set- thing, and anyone who knew me before I backs in Iraq. Others have ironically decried IN THE HOUSE OF REPRESENTATIVES the war because it has tied up our forces and joined knows that I am quite aware and at Thursday, March 1, 2007 times sympathetic to the arguments against prevented them from confronting criminal regimes in Sudan, Uganda, and elsewhere. the war in Iraq. If you think the only way a The House in Committee of the Whole I simply decided that the time for candid person could bring themselves to volunteer House on the State of the Union had under discussions of the oppressed was over, and I for this war is through sheer desperation or consideration the bill (H.R. 800) to amend the joined. blind obedience then consider me the excep- National Labor Relations Act to establish an In digesting this posting, please remember tion (though there are countless like me). efficient system to enable employees to that America’s commitment to overthrow I joined the fight because it occurred to me form, join, or assist labor organizations, to Saddam Hussein and his sons existed before that many modern day ‘‘humanists’’ who provide for mandatory injunctions for unfair the current administration and would exist claim to possess a genuine concern for labor practices during organizing efforts, and into our future children’s lives had we not human beings throughout the world are in for other purposes: fact quite content to allow their fellow acted. Please remember that the problems ‘‘global citizens’’ to suffer under the most that plague Iraq today were set in motion Mr. ENGEL. Madam Chairman, I rise today hideous state apparatuses and conditions. centuries ago and were up until now held in support of a long overdue measure, the Their excuses used to be my excuses. When back by the most cruel of cages. Don’t forget Employee Free Choice Act. This necessary bill asked why we shouldn’t confront the Ba’ath that human beings have a responsibility to one another and that Americans will always gives America’s hard workers basic rights that party, the Taliban or the various other tyr- they have been denied for over 70 years. annies throughout this world, my answers have a responsibility to the oppressed. Don’t would allude to vague notions of cultural overlook the obvious reasons to disagree My father was an ironworker, and a member tolerance (forcing women to wear a veil and with the war but don’t cheapen the moral as- of his local union. I saw firsthand the struggles stay indoors is such a quaint cultural tradi- pects either. Assisting a formerly oppressed employees went through in order to organize tion), the sanctity of national sovereignty population in converting their torn society their workplace. I also saw how easy it was (how eager we internationalists are to throw into a plural, democratic one is dangerous and difficult business, especially when being and how easy it still is to fire union organizers up borders to defend dictatorships!) or even a with impunity. This unlawful practice happens creeping suspicion of America’s intentions. attacked and sabotaged from literally every When all else failed, I would retreat to my direction. So if you have anything to say to all the time, and the worst that can possibly fragile moral ecosystem that years of living me at the end of this reading, let it at least happen to the employer is a slap on the wrist. in peace and liberty had provided me. I include ‘‘Good Luck.’’—Lt. Mark J. Daily, I was also a proud member of a union. I would write off war because civilian casual- United States Army. was a teacher and a guidance counselor in ties were guaranteed, or temporary alliances f New York City, where I became a member of with illiberal forces would be made, or tank the American Federation of Teachers. I fuel was toxic for the environment. My fel- CONGRATULATING ST. JUDE MED- low ‘‘humanists’’ and I would relish ICAL CENTER ON ITS 50TH ANNI- learned the personal benefits to collective bar- contently in our self righteous declaration of VERSARY gaining, and I discovered the security of hav- opposition against all military campaigns ing thousands of other brothers and sisters of against dictatorships, congratulating one an- HON. EDWARD R. ROYCE the union behind me if I ever needed them. other for refusing to taint that aforemen- Unions were an integral part in making this OF CALIFORNIA tioned fragile moral ecosystem that many Nation the economic superpower it is. And still cradle with all the revolutionary tenac- IN THE HOUSE OF REPRESENTATIVES while this bill will not put laborers on an even ity of the members of Rage against the Ma- Monday, March 5, 2007 chine and Green Day. Others would point to footing with employers, it will help to bridge America’s historical support of Saddam Hus- Mr. ROYCE. Madam Speaker, on behalf of the chasm between workers’ rights and cor- sein, citing it as hypocritical that we would the sisters, physicians and staff of St. Jude porate rights. now vilify him as a thug and a tyrant. Upon Medical Center, I rise to congratulate the hos- Madam Chairman, we owe unions and their explaining that we did so to ward off the pital on its 50th Anniversary. members a massive debt of gratitude for ev- fiercely Islamist Iran, which was correctly identified as the greater threat at the time, In 1957, the Sisters of St. Joseph of Orange erything they have done for this country. We eyes are rolled and hypocrisy is declared. opened a new hospital in Fullerton to continue can start paying back that debt by passing the Forgetting that America sided with Stalin to their remarkable ministry of compassion and Employee Free Choice Act. I strongly support defeat Hitler, who was promptly confronted healing. Since then, St. Jude Medical Center, this measure, and I urge my colleagues to do once the Nazis were destroyed, America’s a nonprofit, faith-based facility, has grown into the same.

VerDate Aug 31 2005 05:40 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A05MR8.024 E05MRPT1 mstockstill on PROD1PC66 with REMARKS E460 CONGRESSIONAL RECORD — Extensions of Remarks March 5, 2007 INTRODUCTION OF ‘‘OPENNESS BICENTENNIAL OF THE BRITISH Caribbean—3.5 million were transported be- PROMOTES EFFECTIVENESS IN ABOLITION OF THE TRANS-AT- tween 1801 and 1867. OUR NATIONAL GOVERNMENT LANTIC SLAVE TRADE—AC- Throughout 2007, the bicentennial of the ACT OF 2007’’ KNOWLEDGMENT abolition of the international slave trade will be commemorated in Great Britain—the largest slave trading country with more than HON. CHARLES B. RANGEL 40 percent of the deportations—and HON. LAMAR SMITH OF NEW YORK Anglophone Caribbean countries with exhibi- OF TEXAS IN THE HOUSE OF REPRESENTATIVES tions, conferences, and other activities. About $37.5 million have been awarded in IN THE HOUSE OF REPRESENTATIVES Monday, March 5, 2007 Great Britain to various projects. The Amer- Mr. RANGEL. Madam Speaker, I rise today ican commemoration will take place in 2008. Monday, March 5, 2007 to acknowledge the Bicentennial of the British MAJOR MANIFESTATIONS OF THE BICENTENNIAL Mr. SMITH of Texas. Madam Speaker, Abolition of the Trans-Atlantic Slave Trade and IN GREAT BRITAIN: today I introduced the ‘‘Openness Promotes enter into the record an article from the Bristol Effectiveness in our National Government Act Africana Heritage newsletter, published by the Between 1698 and 1807, Bristol sent 2,000 of 2007’’ (the ‘‘OPEN Government Act’’). Schomburg Center for the Research in Black slave ships to Africa. To commemorate the History and Culture entitled ‘‘Bicentennial of This legislation will give the public more in- city’s involvement in the slave trade, The the American and British Abolition of the Bristol Industrial Museum will propose an formation and better insight into the workings Trans-Atlantic Slave Trade. ‘‘ exhibition on the slave trade and its aboli- of government by strengthening the Freedom On March 25, 1807, the British Parliament tion. The British Empire and Commonwealth of Information Act (FOIA). passed the Abolition of the Slave Trade Act. Museum’s exhibition ‘‘Breaking the Chains’’ The OPEN Government Act also creates a This act outlawed slave trading, granted au- will open on February 15 and run for two years. broader definition of ‘‘news media’’ so that ad- thority to the British Royal Navy to search and ditional types of news media can obtain gov- seize ships, and also required payment for the Hull ernment documents at minimal cost. freedom of slaves. This act also was a pivotal The Wilberforce House Museum and the piece of legislation and eventually contributed Wilberforce Institute will develop and update The legislation establishes a system that as- to the full abolishment of slavery in Great Brit- their slavery and abolition collections. The signs individualized tracking numbers to re- ain and in the United States. University of Hull will organize a conference, quests for information so individuals can track This bicentennial offers an opportunity, for ‘‘Slavery: Unfinished Business,’’ on May 16– 18. their requests. people around the world, to remember the his- I want to protect our open system of govern- torical significance of the slave trade and slav- Liverpool ment and ensure that the Federal government ery as a whole. We must never forget the im- The International Slavery Museum will responds to the American people. measurable human cost of slavery or the open on August 23 in the city that deported 1.5 million Africans in 5,000 voyages (300 to Unfortunately, the process for obtaining gov- aftermath that still lingers today. Considerable progress has been made toward equality and North America), making it the first slave- ernment information is overly burdensome and trading port in Europe. federal agencies have become less and less to repair the damage caused by the British in- London responsive to requests for information. stitution of slavery, but work still needs to be done in the area of race relations for people The Museum of London and The Museum This deters citizens from obtaining informa- of African descent in the U.S. and abroad. The in Docklands will present exhibitions on the tion to which they are entitled. bicentennial provides us an opportunity to re- role of London in the slave trade. The city— Taxpayers should have the opportunity to member the history of our past while working second in Europe after Bristol—sent more than 2,700 slave ships to Africa. obtain information quickly and easily from the toward equality today. The Victoria and Albert Museum will have Federal government. In March of 2007, Great Britain will begin a year long commemoration of the bicentennial two exhibitions starting on February 20, on I had hoped to work with the Democrats to the impact and legacy of slavery on art. in several ways. Approximately $37.5 million draft bipartisan legislation this year and we has been allocated for projects. Specifically, Manchester were able to compromise on several provi- the government is funding projects that involve A partnership of 11 organizations will ex- sions of the bill. education on the history of the transatlantic amine the economic, cultural, and social ef- Unfortunately, we could not come to an slave trade in schools and communities. The fects of the slave trade on Great Britain be- agreement on all provisions. dedication of funding to educate people about yond the port cities in a wide-ranging project called ‘‘Revealing Histories.’’ The bill I am introducing today includes pro- the Trans-Atlantic slave trade is noteworthy. I Portsmouth visions regarding recovery of attorneys’ fees applaud Great Britain for their efforts and look when an individual has been wrongly denied forward to the planning of similar events in the The Royal Naval Museum will show an ex- information, penalties for agencies that do not United States during the coming year. hibition on the role of the Royal Navy’s Afri- ca Squadron in the repression of the trans- comply within the specified FOIA time limits, BICENTENNIAL OF THE AMERICAN AND BRITISH ABOLITION OF THE TRANS-ATLANTIC SLAVE atlantic slave trade. and additional agency reporting requirements. TRADE Warwick However, the key issue the Democrats in- Two hundred years ago, on March 3, 1807, A conference, ‘‘Free at Last? Commemo- sisted on adding to the bill was a statutory President Thomas Jefferson signed into act a rating the Bicentennial Anniversary of the presumption of disclosure surrounding FOIA. bill approved by Congress the day before ‘‘to Abolition of the British Slave Trade,’’ will prohibit the importation of slaves into any take place from July 11 to 13. It would in essence reverse the FOIA guide- port or place within the jurisdiction of the lines set out by former Attorney General John United States.’’ A few weeks later, on the York Ashcroft. 25th, the British House of Lords passed The The University of York will present a con- In 2001, then Attorney General Ashcroft es- Slave Trade Abolition Bill. In neither coun- ference on April 12–14, ‘‘Abolitions, 1807–2007: try did new legislation signify the imme- tablished a policy that information from the Ending the Slave Trade in the Atlantic diate end of the international slave trade. World.’’ government should not be provided if it was Twenty years earlier, the Constitution of the likely to threaten national security or invade United States (article I, section 9) had clear- Conference in Ghana personal privacy. ly spelled out that it could not be banned be- From August 8th to the 12th, the fore 1808, and it was not until January 1, 1808 Omohundro Institute of Early American His- My bill would continue this policy and make that the American and British acts went tory and Culture (Virginia), UNESCO, the FOIA requests subject to these national secu- into effect. Gilder Lehrman Institute of American His- rity and personal privacy concerns. Nevertheless, the deportation of Africans tory (Yale), the W. E. B. Du Bois Institute This bill makes it easier for citizens to get continued: legally to Brazil, and the French (Harvard), the Reed Foundation, and the Wil- and Spanish colonies; and illegally to the berforce Institute will convene an inter- an answer to their requests for information. United States and the British West Indies. Of national conference, ‘‘The bloody Writing is Citizens should have the opportunity to obtain the 12.5 million men, women, and children for ever torn’: Domestic and International information quickly and easily from the Federal uprooted by the trans-Atlantic slave trade— Consequences of the First Governmental Ef- government. 93 percent towards South America and the forts to Abolish the Atlantic Slave Trade.’’

VerDate Aug 31 2005 05:40 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A05MR8.029 E05MRPT1 mstockstill on PROD1PC66 with REMARKS March 5, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E461 SUPPORT FOR THE SAFE States today—enough to buy each of those Honor for going above and beyond the call of COMMISSION families a new home. Or two. duty during the Korean War. Sergeant Guillen So how can we fix things? Well, as we sacrificed his life in order to thwart an enemy learned in the debate over Social Security, attack, saving the lives of the men in his pla- HON. FRANK R. WOLF we can’t simply take on one problem at a OF VIRGINIA time. If we try to reform just one of the big toon. He was laid to rest at Fort Bliss National Cemetery. IN THE HOUSE OF REPRESENTATIVES programs, some group will always fight for the status quo. We need to fix all three at Colonel Joseph C. Rodriguez was also Monday, March 5, 2007 once. awarded the Medal of Honor for his coura- Mr. WOLF. Madam Speaker, earlier this Also, we need to give lawmakers some geous actions in the Korean War. While facing year I reintroduced legislation in the House of cover. To accomplish that, Congress should a barrage of hostile fire and improbable odds, form a commission such as the one Rep. Colonel Rodriguez secured a strategic strong- Representatives aimed at addressing the Frank Wolf (R–Va.) proposed last year. Wolf looming financial crisis facing the Nation, the hold by killing 15 enemy soldiers occupying would label it ‘‘SAFE,’’ for ‘‘Securing Amer- well-fortified positions. He later moved to EI Securing America’s Future Economy (SAFE) ica’s Future Economy.’’ It would have 16 vot- Commission Act. The bill would establish a ing members, including at least four mem- Paso following his retirement from the Army national bipartisan commission that will put ev- bers of Congress, the director of the Office of and served as Facilities Director at the Univer- erything—entitlement spending as well as all Management and Budget and the secretary sity of Texas at EI Paso for over 10 years. other Federal programs and our Nation’s tax of the Treasury. Most recently, on April 4, 2005, Army Ser- policies—on the table and require Congress to The commission would be bipartisan and geant First Class Paul Ray Smith was post- have one year to develop plans to: vote up or down on its recommendations in humously awarded the Medal of Honor for his Fix the imbalance between long-term fed- ‘‘extraordinary heroism and uncommon valor’’ their entirety, similar to the process set in eral spending promises and projected reve- while repelling an enemy attack on a prisoner 1988 to close military bases. Mandating con- nues. of war holding area during Operation Iraqi gressional action on the panel’s recommenda- Boost national savings to spur domestic in- Freedom. Sergeant Smith quickly organized tions is what differentiates this commission vestment and economic growth. two Army platoons to defend their position. In from previous ones. Simplify the budget process to place greater emphasis on long-term fiscal issues. the face of enemy fire, Smith manned a .50 I submit for the RECORD an op-ed by Dr. Ed The first thing the commission would do is caliber machine gun mounted on a damaged Feulner, President of the Heritage Foundation. leave Washington and discuss reform options armored vehicle. Although exposed to enemy Dr. Feulner believes that the SAFE Commis- with Americans. That should help it avoid gunfire, Sergeant Smith maintained his posi- sion provides an opportunity to address this the temptation to hatch some scheme behind tion. His heroism resulted in the death of over looming crisis. This legislation can provide a closed committee-room doors. Plus, the 50 enemy soldiers before Sergeant Smith was path toward a safe and secure economy for members would surely find, as the Heritage mortally wounded during this courageous act. generations to come—a renaissance for Amer- Foundation has with our ongoing Fiscal Wake-Up Tour, a real desire out there to fix As a Vietnam veteran, I recognize the im- ica. portance of honoring these selfless acts of This legislation will be good for the future of entitlement programs. Once it reports to Congress, lawmakers courage. In order to preserve their legacy and America. would be required to hold a simple up-or- costly sacrifices, I proudly stand in support of [From the Sun Times, Feb. 28, 2007] down vote on each of its recommendations. our Medal of Honor recipients. WE NEED A NEW COMMISSION TO TACKLE This should help break the legislative log- f ENTITLEMENT PROGRAMS jam. Just as base-closing commissions en- (By Ed Feulner) abled lawmakers to shutter obsolete mili- HONORING READ ACROSS tary bases (even those in their own districts In any policy battle, it helps to have allies. AMERICA or states), a SAFE Commission would help So it’s good that AARP seems finally ready lawmakers make necessary changes without to help press for reform of entitlements such being accused of ‘‘destroying’’ entitlement HON. NICK J. RAHALL II as Social Security, Medicare and Medicaid. programs. OF WEST VIRGINIA AARP’s shift can be seen in its latest TV Many of us over 50 realize that our genera- IN THE HOUSE OF REPRESENTATIVES ad, ‘‘Future Champions.’’ It shows children tion, however inadvertently, created the stressing the need to ‘‘find real long-term so- Monday, March 5, 2007 coming entitlement crisis, and we under- lutions to some of America’s most pressing stand it’s up to us to solve it. AARP will be Mr. RAHALL. Madam Speaker, in May issues—health care and long-term financial a welcome ally—if we can believe their ads. 1997, a small reading task force at National security.’’ Establishing a SAFE Commission should Education Association came up with a big The ad is misleading in some ways. Speak- help us find out. ing about entitlements, one boy asks, ‘‘Will idea. ‘‘Let’s create a day to celebrate reading,’’ we keep those promises?’’ when, of course, f the group decided. ‘‘We hold pep rallies to get this child has made no promises. In fact, the kids excited about football—why don’t we do big three entitlement programs are promises SUPPORTING THE GOALS AND something to get kids excited about reading? made by older generations—to give them- IDEALS OF A NATIONAL MEDAL We’ll call it ‘NEA’s Read Across America’ and selves benefits that younger workers will OF HONOR DAY we’ll celebrate it on Dr. Seuss’s birthday.’’ And have to pay for through ever-rising payroll so was born on March 2, 1998, the largest SPEECH OF taxes. celebration of reading this country has ever But the overall message of the ad is that we need to make some big changes to fix en- HON. SILVESTRE REYES seen. titlements. That’s a refreshing change from OF TEXAS To commemorate this special day, I recently two years ago. Back then, when President IN THE HOUSE OF REPRESENTATIVES joined third-graders at Coal City Elementary and read to them some of Dr. Seuss’ more fa- Bush was urging the creation of individual Tuesday, February 27, 2007 retirement accounts within Social Security, mous stories, including The Cat in the Hat, AARP’s ads insisted, ‘‘If you had a problem Mr. REYES. Mr. Speaker, I rise in support which marks its 50th anniversary this year. As with the kitchen sink, you wouldn’t tear of H. Con. Res. 47, observing National Medal always, it was a joy to spend some time with down the entire house,’’ hinting that entitle- of Honor Day and honoring the sacrifices of the students and their instructors, Sandra ment problems weren’t all that bad. Medal of Honor recipients and their contribu- Snuffer, Donna Thomas and Janet Smith. I But the organization now seems to understand that the country’s on the verge of a tions to our Nation. March 25th is an appro- was inspired by the students’ interest in learn- fiscal catastrophe. priate day to recognize these individuals, since ing, and encouraged by our educators’ dedica- The Congressional Budget Office predicts the first Medal of Honor was awarded on tion to teaching them the importance of lit- that spending on Social Security, Medicare March 25, 1863. eracy. and Medicaid will soar from just over 8 per- This resolution not only salutes the bravery Of course, as we all know, just as reading cent of GDP today to almost 19 percent in of Medal of Honor recipients, but also gives should not be confined to our classrooms, nei- 2050, when the cute children in today’s TV the American public the opportunity to learn ther should our efforts to encourage literacy ads will be middle-aged parents. Their bill about the history of this prestigious military be confined to one single day of the year. As will be gigantic: $38 trillion to pay for the Social Security and Medicare benefits their distinction and the uncommon acts of courage President Bill Clinton once said, ‘‘Literacy is parents have promised themselves—but not that made recipients real-life heros. not a luxury, it is a right and a responsibility. arranged to pay for. Add in the national debt Previous honorees include several EI If our world is to meet the challenges of the and other entitlements, and it works out to Pasoans. Staff Sergeant Ambrosio Guillen twenty-first century we must harness the en- $440,000 for every household in the United was posthumously awarded the Medal of ergy and creativity of all our citizens.’’

VerDate Aug 31 2005 05:40 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A05MR8.032 E05MRPT1 mstockstill on PROD1PC66 with REMARKS E462 CONGRESSIONAL RECORD — Extensions of Remarks March 5, 2007 It’s hard to believe, but 20 percent of the boating programs in our Nation. Her tenure ings, motion pictures, and videotapes relative people you see during the course of a day with the Coast Guard has included various po- to global African and African diasporan experi- cannot read, according to most recent statis- sitions, all related to recreational boating safe- ences. tics. In the Third District of West Virginia, this ty. She has worked as a State Grant Regional I have introduced legislation, H. Con. Res. average is even higher, at 24 percent. This is Coordinator, the Chief of the State Affairs 57, to recognize the Schomburg Center for a startling statistic that needs to change and Branch, a Program Analyst, the Chief of the Research and Black Culture for educating the we are deeply indebted to the organizations Program Management Division, and finally the people of the United States about the African- that devote themselves to this important Executive Director of the National Boating American migration experience, and for other cause—organizations like the Literacy West Safety Advisory Council. purposes. Virginia, which has councils in all of West Vir- Throughout her career, Jeanne’s invaluable [From the African Heritage Newsletter] ginia’s 55 counties. On February 21, I had the knowledge and experience were a tremendous 80TH ANNIVERSARY GALA PAYS TRIBUTE TO 13 opportunity to meet with the Tri-State Literacy asset to Congress, the Coast Guard, and to LIVING LEGENDS Council and its director Dee George at the the boating community as a whole. I take this Legends came to life for the nearly one Cabell County Library to discuss the great opportunity to commend and thank Jeanne for thousand guests gathered at Frederick P. strides the organization is making in adult edu- her years of service in the United States Gov- Rose Hall, Home of Jazz at Lincoln Center cation. ernment and wish her good health and good for the Schomburg Center’s 80th Anniversary Africana Heritage Awards Gala, on Friday, I am proud of my record of support for lit- luck in her future endeavors. October 6, 2006. Chaired by Billye S. Aaron eracy programs and initiatives. Time and f and Sherry B. Bronfman, the Gala Honorary again I have opposed budget proposals from Chairs included President William Jefferson this Administration that would cut funding to IN RECOGNITION OF THE OCCA- Clinton, Senator Hillary Rodham Clinton, important literacy programs which are in- SION OF THE SCHOMBURG CEN- Congressman Charles B. Rangel, The Honor- tended to assist families break the cycle of TER FOR RESEARCH IN BLACK able David N. Dinkins, Chairman of the poverty and illiteracy. And I will continue to CULTURE 80TH ANNIVERSARY Board, The New York Public Library Cath- fight policies that undermine the hard work so AFRICANA HERITAGE AWARDS erine C. Marron, and President and CEO, The GALA New York Public Library Dr. Paul LeClerc. many are doing to improve reading levels in One of the most memorable evenings in the the Mountain State. Center and New York’s cultural history, the I have also again contacted my colleagues HON. CHARLES B. RANGEL event honored an extraordinary group of 13 on the Appropriations Committee in Congress OF NEW YORK individuals, whose careers and lives have had urging them to provide $25 million in federal IN THE HOUSE OF REPRESENTATIVES an immeasurable impact on African-Amer- ican and American culture. The honorees in- funds to the Reading Is Fundamental Inexpen- Monday, March 5, 2007 sive Book Distribution Program (RIF), allowing cluded author, poet, dancer, actress, and di- Mr. RANGEL. Madam Speaker, I rise today rector, Maya Angelou; author and scholar, this important literacy initiative to continue op- Chinua Achebe; music executive and pro- erating at its current level. As the Nation’s to acknowledge the Schomburg Center For Research in Black Culture for hosting the 80th ducer, Clarence Avant; singer, actor, and ac- largest children’s literacy organization, RIF last tivist, Harry Belafonte; sculptress and year provided more than 16 million new books Anniversary Africana Heritage Awards Gala, in printmaker, Elizabeth Catlett; author, poet, free of charge to nearly 4.5 million of the na- which 13 living legends were honored and to and playwright, Aime´ Ce´saire; actress, writ- tion’s most underserved children in all fifty enter into the record an article from the er, activist, Ruby Dee; historian and author, states. Africana Heritage newsletter entitled ‘‘80th An- John Hope Franklin; filmmaker and pro- Literacy is the gateway to educational excel- niversary Gala Pays Tribute to 13 Living Leg- ducer, William Greaves; librarian, bibliog- lence and a key to success in our society. On ends.’’ rapher, and editor, Ernest Kaiser; athlete and community leader, Don Newcombe; en- Read Aloud Day, let us recommit to helping On October 6, 2006, the Schomburg Center For Research in Black Culture, which is a trepreneur and civic leader, Herman J. Rus- improve the lives of the men, women, and sell; and lawyer, activist, political and com- children in West Virginia and across America community treasure, recognized and honored munications leader, Percy Sutton. who cannot read. Black achievement by paying tribute to living The evening began with a VIP reception at Because with literacy, to borrow from the legends Maya Angelou, Chinua Achebe, Clar- the Mandarin Oriental Hotel for the award great Dr. Seuss himself: ence Avant, Harry Belafonte, Elizabeth Catlett, recipients and major donors, and continued Aime Cesaire, Ruby Dee, John Hope Franklin, at the Frederick P. Rose Hall with: a cock- You have brains in your head. William Greaves, Ernest Kaiser, Don tail reception in the Atrium, tribute pro- You have feet in your shoes gram in The Rose Theater, and a post-trib- You can steer yourself Newcombe, Herman J. Russell, and Percy Sutton. The legends have made significant ute dinner in the Allen Room. At the Man- any direction you choose. darin, many of the honorees gathered and f contributions to African American history and mingled with distinguished guests including culture in areas such as law, business, acting, the Gala Co-Chairs Billye Aaron and Sherry TRIBUTE TO MS. C. ‘‘JEANNE’’ music, filmmaking, poetry, and sports. Each Bronfman; Honorary Chairs Congressman TIMMONS honoree was presented with a Heritage Award Charles B. Rangel and The Honorable David statuette. I was honored to present an award N. Dinkins; and Vice Chairs Hank Aaron, to Percy Sutton. Joyce Dinkins, Evem Cooper Epps, president HON. BOB FILNER of the UPS Foundation and vice president of OF CALIFORNIA The well organized gala was attended by over 1,000 people. Honorees and guest en- its Corporate Relations, Ingrid Saunders IN THE HOUSE OF REPRESENTATIVES Jones, senior vice president of The Coca-Cola joyed music and poetry performed by the Eli Monday, March 5, 2007 Company and chair of the Coca-Cola Founda- Fountain Percussion Discussion Ensemble, tion, and The Honorable Andrew J. Young; Mr. FILNER. Madam Speaker, earlier his Angelique Kidjo, Kaissa, Kayo, Avery Brooks, along with New York City Council Speaker month the United States Coast Guard and the and Phylicia Rashad. Dinner was also served. Christine Quinn, President and CEO of Major entire Coast Guard community lost a great The gala marked a historical moment for the League Baseball Bob DuPuy, actor Danny friend and colleague with the retirement of Ms. Schomberg Center. The honorary chairs for Glover, and author Walter Mosley. Enter- C. ‘‘Jeanne’’ Timmons. the gala including myself were President Bill tained by Saleem Waters, the group also included poet Sonia Sanchez, author Walter Jeanne began her incredible career with the Clinton, Senator HILLARY RODHAM CLINTON, Mosley, NYU Professor Manthia Diawara, United States Government in May 1963, when David Dinkins, Catherine C. Marron, and Paul Essence Magazine Editorial Director Susan she became a staffer to Congressman Victor LeClerc. L. Taylor, and New York Assemblyman Wickersham from her home State of Okla- The Schomburg Center for Research in Keith L.T. Wright. homa. Over the next 26 years in the U.S. Black Culture, which is located in Harlem, is a The tribute program in the Rose Theater House of Representatives, she worked for part of the New York Public Library. It was began with a prelude of songs spanning 80 Congressman Jack Flynt, Congressman Bob named after black scholar Arturo Alfonso years to mirror the center’s and the hon- Sikes, Congressman Earl Hutto, and the Schomburg in 1940 and in 1972 was des- orees’ lifetimes by Eli Fountain Percussion Discussion Ensemble, featuring musicians House Coast Guard Subcommittee. ignated as a Research Library within the New Lyndon Achee, Alex Blake, Brian Carrot, In July 1989, Jeanne left the House to begin York Public Library. Miles Dalto, Roland Guerreo, Phoenix Ri- a new career with the United States Coast It contains an immeasurable wealth of infor- vera, William Smith, Marc Taylor, and spe- Guard, where she was able to utilize her ex- mation in the form of manuscripts, rare books, cial guest artist Patato Valdez on the pertise and passion to enhance recreational archives, art, photographs, oral history record- congas. Program hosts, actors Avery Brooks

VerDate Aug 31 2005 05:40 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A05MR8.035 E05MRPT1 mstockstill on PROD1PC66 with REMARKS March 5, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E463 and Phylicia Rashad, greeted the audience Strengthening unions results in a stronger MEETINGS SCHEDULED followed by welcomes and acknowledgements and more vibrant middle class, which is some- by Howard Dodson and David Ferriero and thing we can all support. MARCH 7 Co-Chairs Billye Aaron and Sherry Bronfinan. Author and spoken word artist Madam Chairman, we have heard argu- 9:30 a.m. Kayo presented the first performance tribute ments about how this legislation is taking Agriculture, Nutrition, and Forestry to the honorees, ‘‘I Can Move Mountains.’’ away a worker’s right to vote. To hold hearings to examine investing in The award presenters gave biographical Let me make it absolutely clear, this bill our nation’s future through agricul- sketches and read the citation for each hon- does no such thing! tural research. oree before presenting the award statuettes SR–328A with the assistance of four students from the It does not take away the voting rights of Energy and Natural Resources Schomburg Center/New York Life Junior workers. To hold an oversight hearing to examine Scholars Program. The audience paid tribute The bill says that if 30 percent of workers market constraints on large invest- to each recipient with a standing ovation. want an election instead of a majority sign up, ments in advanced energy technologies The first awards were presented to Ernest they get the election. and investigate ways to stimulate addi- Kaiser by Schomburg Chief Howard Dodson; tional private-sector investment in the William Greaves by President of the Black I want people to know, though, that most workers do not want to go through the so- deployment of these technologies. Filmmaker Foundation Warrington Hudlin; SD–366 Ruby Dee by actress Lynn Whitfield; and called election process because it is so favor- Health, Education, Labor, and Pensions Harry Belafonte by Sherry Bronfman and able to the employers. To hold hearings to examine strength- Danny Glover. West African singer Despite recent arguments from the bill’s opening American competitiveness for Angelique Kidjo then performed a special song in honor of the Africana Heritage ponents, we are not talking about anything re- the 21st Century. Award recipients. The second set of awards motely similar to the American election sys- SH–216 were presented to Don Newcombe by Hank tem. Commerce, Science, and Transportation Aaron and Bob DuPuy; Clarence Avant by During our election season, we will be ex- Interstate Commerce, Trade, and Tourism Billye Aaron; Herman Russell by Ingrid posed to ads on our TVs that we can turn off. Subcommittee Saunders Jones; and Percy Sutton by To hold hearings to examine policy im- Charles Rangel and David Dinkins. Avery With the union elections, employers hold plications of pharmaceutical importa- Brooks performed Sterling Brown’s poem employees captive for one on one meetings tion for U.S. consumers. ‘‘Strong Men’’ followed by Percussion Dis- with supervisors to listen to anti-union rhetoric. SR–253 cussion, which kept the audience excited Having someone tell you how to vote on Judiciary throughout the evening with their distinct campaign ads over and over again might be To hold hearings to examine the and diverse sound. annoying. McCarran-Ferguson Act and Antitrust The third and final set of honorees to re- But imagine if it was your boss telling you Immunity. ceive statuettes were Elizabeth Catlett by SD–226 how to vote with your job hanging over your Evern Cooper Epps and David Driskell, Dean Veterans’ Affairs of African-American Art Historians; John head. To hold an oversight hearing to examine Hope Franklin by Howard Dodson; Aime In Committee, we heard about situations the Veterans Administration adjudica- Cesaire by Walter Mosley; Maya Angelou by where employees have to walk past armed tion process. Andrew Young; and Chinua Achebe by SR–418 Manthia Diawara, Professor of Comparative law enforcement to cast their votes. Literature and Film and Director of Africana One witness, a Smithfield Foods worker, 10 a.m. Studies and the Institute of African Amer- talked about a time when on ‘‘election’’ day, Appropriations ican Affairs at New York University. The sheriffs officers were dressed in battle gear Defense Subcommittee final performance tributes were Phylicia with guns lining the long driveway leading to To hold hearings to examine Department of Defense medical programs. Rashad’s reading of Maya Angelou’s ‘‘Phe- the plant. nomenal Woman,’’ and a musical selection SD–192 by vocalist Kaı¨ssa, from Cameroon. This is not the traditional American election. Homeland Security and Governmental Af- After the tribute program, the honorees Madam Chairman, I urge my colleagues to fairs and major donors enjoyed dinner in the Allen support this important legislation and give Investigations Subcommittee Room. Awaiting them was a breathtaking workers the choices they deserve. To hold hearings to examine fees, interview of New York City from the room’s dra- ests rates and grace periods relating to matic glass wall facing Broadway and Cen- credit card practices, focusing on high tral Park, allowing guests a remarkable—but fees charged for late payments, over- f rare view of the City’s streetscape. Tables the-limit charges, including how those with lavender rose centerpieces designed by fees are assessed, how they add to in- Sandra Parks on royal blue overlays de- SENATE COMMITTEE MEETINGS terest costs, and how they contribute signed by David Fleming, along with music to consumer debt, and an industry by Saleem Waters added to the extraor- Title IV of Senate Resolution 4, practice requiring consumer payments dinary ambience. The Gala closed with words agreed to by the Senate on February 4, of appreciation from Howard Dodson, mark- to be applied first to balances with the 1977, calls for establishment of a sys- lowest interest rates instead of to bal- ing one of the most historical moments in tem for a computerized schedule of all the history of the Schomburg Center. ances with the highest interest rates. meetings and hearings of Senate com- SD–342 f mittees, subcommittees, joint commit- 2 p.m. EMPLOYEE FREE CHOICE ACT tees, and committees of conference. Judiciary This title requires all such committees Antitrust, Competition Policy and Con- SPEECH OF to notify the Office of the Senate Daily sumer Rights Subcommittee HON. CAROLYN McCARTHY Digest—designated by the Rules Com- To hold an oversight hearing to examine mittee—of the time, place, and purpose the enforcement of the antitrust laws. OF NEW YORK of the meetings, when scheduled, and SD–226 IN THE HOUSE OF REPRESENTATIVES any cancellations or changes in the Appropriations Thursday, March 1, 2007 meetings as they occur. Energy and Water Development Sub- committee The House in Committee of the Whole As an additional procedure along To hold hearings to examine proposed House on the State of the Union had under with the computerization of this infor- budget estimates for fiscal year 2008 for consideration the b1ll (H.R. 800) to amend mation, the Office of the Senate Daily the Department of Energy. the National Labor Relations Act to estab- Digest will prepare this information for lish an efficient system to enable employees SD–138 to form, join, or assist labor organizations, printing in the Extensions of Remarks 2:30 p.m. to provide for mandatory injuctions for un- section of the CONGRESSIONAL RECORD Commerce, Science, and Transportation fair labor practices during organizing efforts, on Monday and Wednesday of each Space, Aeronautics, and Related Agencies and for other purposes; week. Subcommittee To hold hearings to examine national im- Mrs. MCCARTHY of New York. Madam Meetings scheduled for Tuesday, peratives for Earth Science research. March 6, 2007 may be found in the Daily Chairman, I rise in strong support of the Em- SR–253 ployee Free Choice Act. Digest of today’s RECORD.

VerDate Aug 31 2005 05:40 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A05MR8.038 E05MRPT1 mstockstill on PROD1PC66 with REMARKS E464 CONGRESSIONAL RECORD — Extensions of Remarks March 5, 2007 3 p.m. Judiciary mission and the Small Business Admin- Environment and Public Works Business meeting to consider the nomi- istration. To hold hearings to examine the Presi- nations of Thomas M. Hardiman, of SD–138 dent’s proposed budget request for fis- Pennsylvania, to be United States Cir- cal year 2008 for the Environmental cuit Judge for the Third Circuit, and MARCH 13 Protection Agency. Vanessa Lynne Bryant, to be United 10 a.m. SD–406 States District Judge for the District Judiciary of Connecticut, the possibilty of the MARCH 8 issuance of certain subpoenas to former To hold hearings to examine judicial U.S. attorneys, S. 236, to require re- nominations. 9:15 a.m. SD–226 Appropriations ports to Congress on Federal agency Transportation, Housing and Urban Devel- use of data mining, S. 261, to amend MARCH 14 opment, and Related Agencies Sub- title 18, United States Code, to committee strengthen prohibitions against animal 9:30 a.m. To hold hearings to examine cross-border fighting, S. 376, to amend title 18, Veterans’ Affairs trucking with Mexico. United States Code, to improve the To hold an oversight hearing to examine SD–138 provisions relating to the carrying of Department of Veterans Affairs and 9:30 a.m. concealed weapons by law enforcement Department of Defense cooperation and Armed Services officers, S. 231, to authorize the Edward collaboration, focusing on education To hold hearings to examine the nomina- Byrne Memorial Justice Assistance and training. tions of Admiral Timothy J. Keating, Grant Program at fiscal year 2006 lev- SR–418 USN, for reappointment to the grade of els through 2012, S. 368, to amend the 10 a.m. admiral and to be Commander, United Omnibus Crime Control and Safe Judiciary States Pacific Command, Lieutenant Streets Act of 1968 to enhance the To hold hearings to examine reinvigo- COPS ON THE BEAT grant program, S. General Victor E. Renuart, Jr., USAF, rating the Freedom of Information Act 655, to amend the Congressional Char- for appointment to be general and to be relating to open government. ter of The American National Red Commander, United States Northern SD–226 Command/Commander, North Amer- Cross to modernize its governance structure, to enhance the ability of the 2:30 p.m. ican Aerospace Defense Command, and Commerce, Science, and Transportation Lieutenant General Robert L. Van Ant- board of governors of The American National Red Cross to support the crit- Science, Technology, and Innovation Sub- werp, USA, for reappointment to the committee grade of lieutenant general and to be ical mission of The American Red To hold hearings to examine technology Chief of Engineers/Commanding Gen- Cross in the 21st century, S. 627, to solutions for climate change. eral, United States Army Corps of En- amend the Juvenile Justice and Delin- SR–253 gineers. quency Prevention Act of 1974 to im- SH–216 prove the health and well-being of mal- Commerce, Science, and Transportation treated infants and toddlers through MARCH 20 Aviation Operations, Safety, and Security the creation of a National Court Teams 2:30 p.m. Subcommittee Resource Center, to assist local Court Commerce, Science, and Transportation To hold hearings to examine the Admin- Teams, S. Res. 88, honoring the ex- Science, Technology, and Innovation Sub- istration’s proposal to reauthorize the traordinary achievements of Massachu- committee Federal Aviation Administration Part setts Governor Deval Patrick, and S. To hold hearings to examine energy in- II. Con. Res. 14, commemorating the 85th novation. SR–253 anniversary of the founding of the SR–253 Foreign Relations American Hellenic Educational Pro- To hold hearings to examine time for a gressive Association, a leading associa- MARCH 27 new strategy relating to Afghanistan. tion for the 1,300,000 United States citi- 9:30 a.m. SD–419 zens of Greek ancestry and Judiciary Indian Affairs Philhellenes in the United States. To hold oversight hearings to examine To hold hearings to examine the Indian SD–226 Health Care Improvement Act Amend- Small Business and Entrepreneurship the Federal Bureau of Investigation. ments of 2007. To hold hearings to examine small busi- SH–216 SR–485 ness solutions for combating climate Veterans’ Affairs Veterans’ Affairs change. To hold an oversight hearing to examine To hold joint hearings with the House SR–428A Department of Veterans Affairs and Committee on Veterans’ Affairs to ex- 2 p.m. Department of Defense cooperation and amine the legislative presentation of Foreign Relations collaboration, focusing on health care the Paralyzed Veterans of America, To receive a closed briefing regarding issues. Jewish War Veterans, Blinded Veterans Gulf security. SR–418 Association, Vietam Veterans of Amer- S–407, Capitol ica, and Non Commissioned Officers As- 2:30 p.m. MARCH 28 Appropriations sociation. 2:30 p.m. Homeland Security Subcommittee SD–106 Commerce, Science, and Transportation To hold hearings to examine the Presi- 10 a.m. Space, Aeronautics, and Related Agencies Appropriations dent’s proposed budget request for fiscal year 2008 for the Department of Subcommittee Commerce, Justice, Science, and Related To hold hearings to examine Agencies Subcommittee Homeland Security. SD–192 transitioning to a next generation To hold hearings to examine the Presi- Human Space Flight System. dent’s proposed budget request for fis- Intelligence SR–253 cal year 2008 for the National Oceanic To hold closed hearings to examine cer- and Atmospheric Administration and tain intelligence matters. MARCH 29 the National Science Foundation. SH–219 SD–192 9:30 a.m. Finance MARCH 9 Veterans’ Affairs To hold hearings to examine perspectives 9 a.m. To hold joint hearings with the House on the 2007 trade agenda. Appropriations Committee on Veterans’ Affairs to ex- SD–215 Financial Services and General Govern- amine the legislative presentation of Health, Education, Labor, and Pensions ment Subcommittee AMVETS, Ex-POWs, Military Order of To hold hearings to examine follow-on To hold hearings to examine proposed the Purple Heart, and Fleet Reserve biologics. budget estimates for fiscal year 2008 for Association. SD–430 the Commodity Futures Trading Com- SD–106

VerDate Aug 31 2005 05:40 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\M05MR8.000 E05MRPT1 mstockstill on PROD1PC66 with REMARKS Monday, March 5, 2007 Daily Digest Senate personnel management practices of the Transpor- Chamber Action tation Security Administration. Page S2573 Routine Proceedings, pages S2567–S2647 Lieberman Amendment No. 315 (to Amendment Measures Introduced: Nine bills and two resolu- No. 275), to provide appeal rights and employee en- tions were introduced, as follows: S. 756–764, S.J. gagement mechanisms for passenger and property Page S2573 Res. 5, and S. Res. 93. Page S2598 screeners. McCaskill Amendment No. 316 (to Amendment Measures Reported: No. 315), to provide appeal rights and employee en- S. 385, to improve the interoperability of emer- gagement mechanisms for passenger and property gency communications equipment, with amend- screeners. Pages S2573, S2585–86 ments. (S. Rept. No. 110–30) Dorgan/Conrad Amendment No. 313 (to Amend- S. 509, to provide improved aviation security, ment No. 275), to require a report to Congress on with amendments. (S. Rept. No. 110–31) the hunt for Osama Bin Laden, Ayman al-Zawahiri, S. 763, to provide the resources to protect public and the leadership of al Qaeda. Pages S2570–71, S2573 transportation from terrorism. (S. Rept. No. 110–32) Landrieu Amendment No. 321 (to Amendment Pages S2597–98 No. 275), to require the Secretary of Homeland Se- Measures Passed: curity to include levees in the list of critical infrastructure sectors. Page S2573 Department of Homeland Security 4th Anniver- Landrieu Amendment No. 296 (to Amendment sary: Senate agreed to S. Res. 94, honoring the em- No. 275), to permit the cancellation of certain loans ployees of the Department of Homeland Security on under the Robert T. Stafford Disaster Relief and the 4th anniversary of the Department. Page S2646 Emergency Assistance Act. Page S2573 Improving America’s Security by Implementing Landrieu Amendment No. 295 (to Amendment Unfinished Recommendations of the 9/11 Com- No. 275), to provide adequate funding for local gov- mission Act: Senate resumed consideration of S. 4, ernments harmed by Hurricane Katrina of 2005 or to make the United States more secure by imple- Hurricane Rita of 2005. Page S2573 menting unfinished recommendations of the 9/11 Allard Amendment No. 272 (to Amendment No. Commission to fight the war on terror more effec- 275), to prevent the fraudulent use of social security tively, to improve homeland security, withdrawing account numbers by allowing the sharing of social the committee amendment in the nature of a sub- security data among agencies of the United States for stitute, taking action on the following amendments identity theft prevention and immigration enforcement purposes. Page S2573 proposed thereto: Pages S2573–86, S2588–93 McConnell (for Sessions) Amendment No. 305 (to Pending: Amendment No. 275), to clarify the voluntary in- Reid Amendment No. 275, in the nature of a herent authority of States to assist in the enforce- substitute. Page S2573 ment of the immigration laws of the United States Sununu Amendment No. 291 (to Amendment and to require the Secretary of Homeland Security to No. 275), to ensure that the emergency communica- provide information related to aliens found to have tions and interoperability communications grant pro- violated certain immigration laws to the National gram does not exclude Internet Protocol-based inter- Crime Information Center. Pages S2573, S2590–93 operable solutions. Page S2573 McConnell (for Cornyn) Amendment No. 310 (to Salazar/Lieberman Modified Amendment No. 290 Amendment No. 275), to strengthen the Federal (to Amendment No. 275), to require a quadrennial Government’s ability to detain dangerous criminal homeland security review. Page S2573 aliens, including murderers, rapists, and child mo- DeMint Amendment No. 314 (to Amendment lesters, until they can be removed from the United No. 275), to strike the provision that revises the States. Page S2573 D257

VerDate Aug 31 2005 05:18 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D05MR7.REC D05MRPT1 mstockstill on PROD1PC66 with DIGEST D258 CONGRESSIONAL RECORD — DAILY DIGEST March 5, 2007 McConnell (for Cornyn) Amendment No. 311 (to Schumer/Clinton Amendment No. 337 (to Amendment No. 275), to provide for immigration Amendment No. 275), to provide for the use of injunction reform. Page S2573 funds in any grant under the Homeland Security McConnell (for Cornyn) Amendment No. 312 (to Grant Program for personnel costs. Page S2581 Amendment No. 275), to prohibit the recruitment Collins Amendment No. 342 (to Amendment No. of persons to participate in terrorism. Page S2573 275), to provide certain employment rights and an McConnell (for Kyl) Amendment No. 317 (to employee engagement mechanism for passenger and Amendment No. 275), to prohibit the rewarding of property screeners. Page S2585 suicide bombings and allow adequate punishments Coburn Amendment No. 325 (to Amendment for terrorist murders, kidnappings, and sexual as- No. 275), to ensure the fiscal integrity of grants saults. Page S2573 awarded by the Department of Homeland Security. McConnell (for Kyl) Amendment No. 318 (to Pages S2588–90 Amendment No. 275), to protect classified informa- Sessions Amendment No. 347 (to Amendment tion. Page S2573 No. 275), to express the sense of the Congress re- McConnell (for Kyl) Amendment No. 319 (to Amendment No. 275), to provide for relief from garding the funding of Senate approved construction (a)(3)(B) immigration bars from the Hmong and of fencing and vehicle barriers along the southwest other groups who do not pose a threat to the United border of the United States. Page S2593 States, to designate the Taliban as a terrorist organi- A unanimous-consent agreement was reached pro- zation for immigration purposes. Page S2573 viding for further consideration of the bill at 11:00 McConnell (for Kyl) Amendment No. 320 (to a.m., on Tuesday, March 6, 2007; provided that at Amendment No. 275), to improve the Classified In- 12 noon, the question recur on agreeing to DeMint formation Procedures Act. Page S2573 Amendment No. 314 (listed above), and that the McConnell (for Grassley) Amendment No. 300 (to Majority Leader be then recognized. Page S2647 Amendment No. 275), to clarify the revocation of an Nomination Confirmed: Senate confirmed the fol- alien’s visa or other documentation is not subject to lowing nomination: judicial review. Page S2573 By 87 yeas 1 nay (Vote No. EX. 59), Carl Joseph McConnell (for Grassley) Amendment No. 309 (to Artman, of Colorado, to be an Assistant Secretary of Amendment No. 275), to improve the prohibitions the Interior. Pages S2586–87, S2647 on money laundering. Page S2573 Thune Amendment No. 308 (to Amendment No. Nominations Received: Senate received the fol- 275), to expand and improve the Proliferation Secu- lowing nominations: rity Initiative while protecting the national security Michael E. Baroody, of Virginia, to be a Commis- interests of the United States. Page S2573 sioner of the Consumer Product Safety Commission. Cardin Amendment No. 326 (to Amendment No. for a term of seven years from October 27, 2006. 275), to provide for a study of modification of area Michael E. Baroody, of Virginia, to be Chairman of jurisdiction of Office of National Capital Region of the Consumer Product Safety Commission. Coordination. Page S2573 David George Nason, of Rhode Island, to be an Cardin Amendment No. 327 (to Amendment No. Assistant Secretary of the Treasury. 275), to reform mutual aid agreements for the Na- Patrick Dennis Duddy, of Maine, to be Ambas- tional Capital Region. Page S2573 sador to the Bolivarian Republic of Venezuela. Cardin Modified Amendment No. 328 (to Page S2647 Amendment No. 275), to require Amtrak contracts Measures Read the First Time: and leases involving the State of Maryland to be governed by the laws of the District of Columbia. Pages S2597, S2646–47 Pages S2573, S2588 Petitions and Memorials: Page S2597 Feinstein Amendment No. 335 (to Amendment Additional Cosponsors: Pages S2598–S2600 No. 275), to improve the allocation of grants through the Department of Homeland Security. Statements on Introduced Bills/Resolutions: Pages S2600–32 Pages S2574–80, S2581–85 Schumer/Clinton Amendment No. 336 (to Additional Statements: Pages S2594–97 Amendment No. 275), to prohibit the use of the Amendments Submitted: Pages S2632–46 peer review process in determining the allocation of funds among metropolitan areas applying for grants Authorities for Committees to Meet: Page S2646 under the Urban Area Security Initiative. Record Votes: One record vote was taken today. Pages S2580–81 (Total—59) Page S2587

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Adjournment: Senate convened at 1:30 p.m., and Management, the Federal Workforce, and the Dis- adjourned at 7:22 p.m., until 10:00 a.m. on Tues- trict of Columbia concluded an oversight hearing to day, March 6, 2007. (For Senate’s program, see the examine the Transportation Security Administration remarks of the Majority Leader in today’s Record on Personnel System, focusing on proposed legislation page S2647.) relating to the personnel system, after receiving testimony from Kip Hawley, Assistant Secretary of Committee Meetings Homeland Security for the Transportation Security Administration; and John Gage, American Federa- (Committees not listed did not meet) tion of Government Employees, AFL–CIO, Wash- TRANSPORTATION SECURITY ington, D.C. ADMINISTRATION PERSONNEL SYSTEM Committee on Homeland Security and Governmental Af- fairs: Subcommittee on Oversight of Government h House of Representatives project and in the Cucamonga Valley Water District Chamber Action recycling project; Pages H2124–25 Public Bills and Resolutions Introduced: 19 pub- Southern Idaho Bureau of Reclamation Repay- lic bills, H.R. 1308–1326; and 8 resolutions, H.J. ment Act of 2007: H.R. 467, amended, to authorize Res. 39; H. Con. Res. 78–80; and H. Res. 210–213 early repayment of obligations to the Bureau of Rec- were introduced. Pages H2164–65 lamation within the A & B Irrigation District in the Additional Cosponsors: Pages H2165–66 State of Idaho; Page H2126 Reports Filed: Reports were filed today as follows: Piedras Blancas Historic Light Station Out- H.R. 493, to prohibit discrimination on the basis standing Natural Area Act of 2007: H.R. 276, to of genetic information with respect to health insur- designate the Piedras Blancas Light Station and the ance and employment, with an amendment (H. surrounding public land as an Outstanding Natural Rept. 110–28, Pt. 1); H. Res. 202, providing for the Area to be administered as a part of the National expenses of certain committees of the House of Rep- Landscape Conservation System; Pages H2126–28 resentatives in the One Hundred Tenth Congress, Colorado Northern Front Range Mountain with an amendment (H. Rept. 110–29); and Backdrop Protection Study Act: H.R. 903, to pro- H.R. 720, to amend the Federal Water Pollution vide for a study of options for protecting the open Control Act to authorize appropriations for State space characteristics of certain lands in and adjacent water pollution control revolving funds, and for to the Arapaho and Roosevelt National Forests in other purposes, with an amendment (H. Rept. Colorado; Pages H2128–29 110–30). Page H2164 Amending Public Law 106–348 to extend the Speaker: Read a letter from the Speaker wherein she authorization for establishing a memorial in the District of Columbia or its environs to honor vet- appointed Representative Hirono to act as Speaker erans who became disabled while serving in the Pro Tempore for today. Page H2123 Armed Forces of the United States: H.R. 995, to Recess: The House recessed at 12:34 p.m. and re- amend Public Law 106–348 to extend the authoriza- convened at 2 p.m. Page H2123 tion for establishing a memorial in the District of Suspensions: The House agreed to suspend the rules Columbia or its environs to honor veterans who be- and pass the following measures: came disabled while serving in the Armed Forces of Amending the Reclamation Wastewater and the United States, by a 2⁄3 yea-and-nay vote of 390 Groundwater Study and Facilities Act to authorize yeas with none voting ‘‘nay’’, Roll No. 119. the Secretary of the Interior to participate in the Pages H2129–31, H2138 Inland Empire regional recycling project and in Lowell National Historical Park Boundary Ad- the Cucamonga Valley Water District recycling justment Act: H.R. 299, to adjust the boundary of project: H.R. 122, amended, to amend the Reclama- Lowell National Historical Park; Page H2131 tion Wastewater and Groundwater Study and Facili- Designating a Forest Service trail at Waldo ties Act to authorize the Secretary of the Interior to Lake in the Willamette National Forest in the participate in the Inland Empire regional recycling State of Oregon as a national recreation trail in

VerDate Aug 31 2005 05:18 Mar 06, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 5627 E:\CR\FM\D05MR7.REC D05MRPT1 mstockstill on PROD1PC66 with DIGEST D260 CONGRESSIONAL RECORD — DAILY DIGEST March 5, 2007 honor of Jim Weaver, a former Member of the House of Representatives: H.R. 247, to designate a Committee Meetings Forest Service trail at Waldo Lake in the Willamette National Forest in the State of Oregon as a national FINANCIAL SERVICES AND GENERAL recreation trail in honor of Jim Weaver, a former APPROPRIATIONS Member of the House of Representatives; Committee on Appropriations: Subcommittee on Finan- Pages H2131–32 cial Services and General Government held a hearing Authorizing the Secretary of the Interior to con- on Tax Fairness: Policy and Enforcement. Testimony duct a study to determine the suitability and fea- was heard from the following officials of the IRS, sibility of designating the Soldiers’ Memorial Mili- Department of the Treasury: Kathy Petronchak, tary Museum located in St. Louis, Missouri, as a Commissioner, Small Business/Self-Employed Divi- unit of the National Park System: H.R. 1047, to sion; and Nina Olson, National Taxpayer Advocate; authorize the Secretary of the Interior to conduct a and public witnesses. study to determine the suitability and feasibility of f designating the Soldiers’ Memorial Military Museum located in St. Louis, Missouri, as a unit of the Na- COMMITTEE MEETINGS FOR TUESDAY, tional Park System; Pages H2132–34 MARCH 6, 2007 Authorizing the Secretary of the Interior to con- (Committee meetings are open unless otherwise indicated) duct a special resource study to determine the suitability and feasibility of including the battlefields Senate and related sites of the First and Second Battles Committee on Agriculture, Nutrition, and Forestry: to hold of Newtonia, Missouri, during the Civil War as hearings to examine child nutrition and the school setting, 9:30 a.m., SH–216. part of Wilson’s Creek National Battlefield: H.R. Committee on Armed Services: to hold hearings to examine 376, to authorize the Secretary of the Interior to the care, living conditions, and administration of out- conduct a special resource study to determine the patients at the Walter Reed Army Medical Center, 9:30 suitability and feasibility of including the battle- a.m., SD–106. fields and related sites of the First and Second Bat- Committee on Commerce, Science, and Transportation: to tles of Newtonia, Missouri, during the Civil War as hold oversight hearings to examine the Corporate Average part of Wilson’s Creek National Battlefield or desig- Fuel Economy (CAFE) Program, 10:30 a.m., SR–253. nating the battlefields and related sites as a separate Committee on Foreign Relations: business meeting to con- unit of the National Park System; Pages H2123–34 sider committee rules of procedure for the 110th Con- gress, S. 377, to establish a United States-Poland par- Columbia Space Shuttle Memorial Study Act: liamentary youth exchange program, S. 494, to endorse H.R. 807, to direct the Secretary of the Interior to further enlargement of the North Atlantic Treaty Organi- conduct a special resource study to determine the zation (NATO) and to facilitate the timely admission of feasibility and suitability of establishing a memorial new members to NATO, S. 676, to provide that the Ex- to the Space Shuttle Columbia in the State of Texas ecutive Director of the Inter-American Development and for its inclusion as a unit of the National Park Bank or the Alternate Executive Director of the Inter- American Development Bank may serve on the Board of System; and Pages H2134–36 Directors of the Inter-American Foundation, S. Res. 65, Brigadier General Francis Marion Memorial condemning the murder of Turkish-Armenian journalist Act of 2007: H.R. 497, to authorize the Marion and human rights advocate Hrant Dink and urging the Park Project, a committee of the Palmetto Conserva- people of Turkey to honor his legacy of tolerance, and the tion Foundation, to establish a commemorative work nominations: of Ryan C. Crocker, of Washington, to be Ambassador to the Republic of Iraq, William B. Wood, on Federal land in the District of Columbia, and its of New York, to be Ambassador to the Islamic Republic environs to honor Brigadier General Francis Marion, of Afghanistan, and Stanley Davis Phillips, of North by a 2⁄3 yea-and-nay vote of 390 yeas with none vot- Carolina, to be Ambassador to the Republic of Estonia, ing ‘‘nay’’, Roll No. 120. Pages H2136–37, H2138–39 2:15 p.m., S–116, Capitol. Recess: The House recessed at 3:12 p.m. and recon- Committee on Health, Education, Labor, and Pensions: to vened at 6:30 p.m. Page H2137 hold hearings to examine strategies for attracting, supporting, and retaining high quality educators relating to Quorum Calls—Votes: Two yea-and-nay votes de- No Child Left Behind Reauthorization, 10 a.m., SD–430. veloped during the proceedings of today and appear Committee on the Judiciary: to hold hearings to examine on pages H2138 and H2138–39. There were no if the Department of Justice is politicizing the hiring and quorum calls. firing of United States attorneys, 10 a.m., SD–226. Committee on Veterans’ Affairs: to hold joint hearings Adjournment: The House met at 12:30 p.m. and with the House Committee on Veterans’ Affairs to exam- adjourned at 10:41 p.m. ine the legislative presentation of the Veterans of Foreign Wars, 9:30 a.m., 345 CHOB. Select Committee on Intelligence: to hold closed hearings to examine certain intelligence matters, 2:30 p.m., SH–219.

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Subcommittee on Energy and Water Development, and Committee on the Judiciary, Subcommittee on Commer- Related Agencies, on Secretary of Energy, 10 a.m., 2362B cial and Administrative Law, to consider issuing sub- Rayburn. poenas to former U.S. Attorneys Daniel Bogden, District Subcommittee on Financial Services and General Gov- of Nevada and Paul K. Charlton of Arizona in conjunc- ernment, on Issues in the Federal Workforce, 10 a.m., tion with the afternoon hearing, 10 a.m., and a hearing 2220 Rayburn. on H.R. 580, to amend chapter 35 of title 28, United Subcommittee on Homeland Security, on Container Se- States Code, to provide for a 120-day limit to the term curity Challenges and Goals, 10 a.m., 2212 Rayburn. of a United States Attorney appointed on an interim basis Subcommittee on Labor, Health and Human Services, by the Attorney General, 2 p.m., 2141 Rayburn. Education and Related Agencies, on NIH Director with March 7, full Committee, hearing on ‘‘Protecting the National Cancer Institute/National Heart, Lung and Right to Vote: Election Deception and Irregularities in Blood Institute/National Institute of Allergy and Infec- Recent Federal Elections,’’ 3 p.m., 2141 Rayburn. tious Disease/National Institute of Child Health and Committee on Natural Resources, Subcommittee on Fish- Human Development/National Center on Minority eries, Wildlife and Oceans, hearing on the Coral Reef Health and Health Disparities, 10 a.m., 2359 Rayburn. Conservation Reauthorization Act of 2007, 10 a.m., 1324 Subcommittee on Military Construction, Veterans’ Af- Longworth. fairs and Related Agencies, on VA Medical Care, 10 a.m., Committee on Oversight and Government Reform, Sub- and on Department of Veterans’ Affairs Panel, 1 p.m., committee on Information Policy, Census and National H–143 Capitol. Archives, to consider the following: A Citizen’s Guide on Subcommittee on State, Foreign Operations and Re- Using the Freedom of Information Act and the Privacy lated Programs, on Iraq Political and Reconstruction Act of 1974 to Request Government Records; a measure Strategy, Alternative Perspectives, 10 a.m., 2358 Ray- Openness Promotes Effectiveness in our National (OPEN) burn. Government Act of 2007; and a measure Presidential Subcommittee on Transportation, and Housing and Records Act Amendment of 2007, 2 p.m., 2154 Ray- Urban Development and Related Agencies, on Depart- burn. ment of Transportation Inspector General Management Challenges and GAO High Risk Series, 2 p.m., 2358 Committee on Rules, to consider the following: H.R. 569, Rayburn. Water Quality Investment Act of 2007; and H.R. 700, Committee on Armed Services, Subcommittee on Readi- Healthy Communities Water Supply Act of 2007, 2:30 ness, hearing on the National Security Personnel Sys- p.m., H–313 Capitol. tem—Is it Working? 2 p.m., 2118 Rayburn. Committee on Ways and Means, Subcommittee on Health, Committee on the Budget, hearing on the Department of hearing on the Medicare Payment Advisory Commission’s Defense and the Fiscal Year 2008 Budget, 10 a.m., 210 report on the Sustainable Growth Rate, 2 p.m., 1100 Cannon. Longworth. Committee on Education and Labor, hearing on Are Hid- Subcommittee on Income Security and Family Support, den 401(k) Fees Undermining Retirement Security? 11 hearing on Recent Changes to Programs Assisting Low- a.m., 2175 Rayburn. Income Families, 11 a.m., B–318 Rayburn. Committee on Energy and Commerce, Subcommittee on En- Permanent Select Committee on Intelligence, executive, hear- ergy and Air Quality, hearing entitled ‘‘Carbon Capture ing on Director of National Intelligence (DNI) and Na- and Sequestration: An Overview,’’ 10 a.m., 2322 Ray- tional Intelligence Program (NIP) Budget Roll-out, 2:30 burn. p.m., H–405 Capitol. Subcommittee on Health, hearing entitled ‘‘Exploring Options for Improving the Medicare Physician Payment Joint Meetings System,’’ 9:30 a.m., 2123 Rayburn. Joint Hearing: Senate Committee on Veterans’ Affairs, Committee on Financial Services, to consider H.R. 1227, to hold joint hearings with the House Committee on Gulf Coast Hurricane Housing Recovery Act of 2007, 10 Veterans’ Affairs to examine the legislative presentation of a.m., 2118 Rayburn. the Veterans of Foreign Wars, 9:30 a.m., 345 CHOB.

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Next Meeting of the SENATE achievements of the late Dr. John Garang de Mabior and 10 a.m., Tuesday, March 6 reaffirming the continued commitment of the House of Representatives to a just and lasting peace in the Repub- lic of the Sudan; (2) H.R. 987—NATO Freedom Con- Senate Chamber solidation Act of 2007; (3) H. Res. 149—Supporting the goals of International Women’s Day; (4) H. Res. 180— Program for Tuesday: After the transaction of any Honoring the life and achievements of Leo T. McCarthy morning business (not to extend beyond 60 minutes), and expressing profound sorrow on his death; (5) H. Res. Senate will continue consideration of S. 4, Improving 162—Recognizing the contributions of the Negro base- America’s Security by Implementing Unfinished Rec- ball Leagues and their players for their achievements, ommendations of the 9/11 Commission Act, and the dedication and sacrifices to baseball and the Nation; (6) question shall recur on DeMint Amendment No. 314 at H. Con. Res. 62—Supporting the goals and ideals of a 12:00 noon. National Children and Families Day; (7) H.R. 710—Liv- (Senate will recess from 12:30 p.m. until 2:15 p.m. for their ing Kidney Organ Donation Clarification Act; (8) H.R. respective party conferences.) 584—To designate the headquarters building of the De- partment of Education in Washington, DC, as the Lyn- don Baines Johnson Federal Building; (9) H.R. 544—To Next Meeting of the HOUSE OF REPRESENTATIVES designate the United States courthouse at South Federal 10:30 a.m., Tuesday, March 6 Place in Santa Fe, New Mexico, as the ‘‘Santiago E. Campos United States Courthouse’’; (10) H.R. 399—To designate the United States Courthouse to be constructed House Chamber in Jackson, Mississippi, as the ‘‘R. Jess Brown United States Courthouse’’; and (11) H. Res. 182—Commending Program for Tuesday: Consideration of the following and congratulating Virginia State University on the occa- suspensions: (1) H. Res. 98—Honoring the life and sion of its 125th anniversary.

Extensions of Remarks as inserted in this issue

HOUSE Filner, Bob, Calif., E462 Royce, Edward R., Calif., E459 Grijalva, Rau´ l M., Ariz., E456 Smith, Lamar, Tex., E460 Blunt, Roy, Mo., E458 Langevin, James R., R.I., E456 Visclosky, Peter J., Ind., E453, E454, E455 Bordallo, Madeleine Z., Guam, E453, E453, E454, E456, Lipinski, Daniel, Ill., E458 Waxman, Henry A., Calif., E455 E458 McCarthy, Carolyn, N.Y., E463 Wolf, Frank R., Va., E461 Campbell, John, Calif., E458 Pallone, Frank, Jr., N.J., E457 Wu, David, Ore., E457 Ellsworth, Brad, Ind., E453, E454 Rahall, Nick J., II, W.Va., E461 Bordallo, Madeleine, Z., Guam, E457 Emanuel, Rahm, Ill., E457 Rangel, Charles B., N.Y., E460, E462 Engel, Eliot L., N.Y., E459 Reyes, Silvestre, Tex., E461

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