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, THURSDAY, OCTOBER 18, 2007 No. 158 House of Representatives The House met at 10 a.m. and was Pursuant to clause 1, rule I, the Jour- One and Only.’’ Indeed, there is only called to order by the Speaker pro tem- nal stands approved. one Coggon, but like so many small pore (Mrs. TAUSCHER). Mr. MCNULTY. Madam Speaker, pur- towns across our country, it is a place f suant to clause 1, rule I, I demand a people are proud to call home. vote on agreeing to the Speaker’s ap- I know that the people of Coggon ap- DESIGNATION OF THE SPEAKER proval of the Journal. preciate the genial nature and the PRO TEMPORE The SPEAKER pro tempore. The proud history of the town. The name The SPEAKER pro tempore laid be- question is on the Speaker’s approval Coggon was agreed upon at a banquet fore the House the following commu- of the Journal. held at the Clemons House in 1888. Su- nication from the Speaker: The question was taken; and the perintendent T. Spaulding suggested it. WASHINGTON, DC, Speaker pro tempore announced that He had received a letter from his cous- October 18, 2007. the ayes appeared to have it. in, William Coggon, and thought the I hereby appoint the Honorable ELLEN O. Mr. MCNULTY. Madam Speaker, on name would be appropriate. At that TAUSCHER to act as Speaker pro tempore on that I demand the yeas and nays. time, Superintendent Spaulding was this day. supervising the construction of the Illi- NANCY PELOSI, The yeas and nays were ordered. Speaker of the House of Representatives. The SPEAKER pro tempore. Pursu- nois Central Railroad through the town. This railroad would later prove f ant to clause 8, rule XX, further proceedings on this question will be post- to be an economic engine for Coggon, PRAYER poned. bringing in economic development and The Chaplain, the Reverend Daniel P. f encouraging the growth of businesses. Coughlin, offered the following prayer: And on July 24, 1888, the settlement be- Hear us, O God, as we call upon Your PLEDGE OF ALLEGIANCE came Coggon, Iowa. holy name and bend our heads in pray- The SPEAKER pro tempore. Will the Today, this small, wonderful town is er. You can inspire us as You have in- gentleman from Pennsylvania (Mr. TIM populated by 745 people. Small towns spired others throughout the ages. MURPHY) come forward and lead the have been the lifeblood of America. Make us instruments of peace and House in the Pledge of Allegiance. Even now, my own family and I live in towers of strength because of our prac- Mr. TIM MURPHY of Pennsylvania Dimock, Pennsylvania, a town with a tice of self-control. Give to Your peo- led the Pledge of Allegiance as follows: population of about 70. We take the ple, both in government here in this I pledge allegiance to the Flag of the time to get to know our neighbors, we Chamber and living across the Nation, United States of America, and to the Repub- are a community of values and we the wisdom to see that no good life can lic for which it stands, one nation under God, work hard to support our families. come to us without good discipline. indivisible, with liberty and justice for all. Coggon, Iowa is the small town that Give us the grace to discipline our f lives in all of us. I ask my colleagues to speech so that we may speak with hon- join me in recognizing Coggon’s 150th ANNOUNCEMENT BY THE SPEAKER esty and clarity that will only benefit anniversary. PRO TEMPORE others and not confuse or ridicule oth- f ers. The SPEAKER pro tempore. The COMMENDING GARY LLOYD Help us to discipline our thinking Chair will entertain up to five requests KNIGHT, DEPUTY GARRISON and our actions so that others may be for 1-minute speeches on each side of COMMANDER OF FORT BRAGG, edified by the way democracy works, the aisle. NORTH CAROLINA accomplishes the will of the people for f the lasting good of the people, and (Mr. HAYES asked and was given RECOGNIZING THE 150TH gives You glory now and forever. permission to address the House for 1 ANNIVERSARY OF COGGON, IOWA Amen. minute and to revise and extend his re- f (Mr. CARNEY asked and was given marks.) permission to address the House for 1 Mr. HAYES. Madam Speaker, today I THE JOURNAL minute.) rise to congratulate and praise an ex- The SPEAKER pro tempore. The Mr. CARNEY. Madam Speaker, I rise ceptional individual who has dedicated Chair has examined the Journal of the today to recognize the 150th anniver- himself to serving our Nation and the last day’s proceedings and announces sary of the town in which I grew up, men and women of Fort Bragg, North to the House her approval thereof. Coggon, Iowa. Coggon’s motto is, ‘‘The Carolina. Gary Knight is a remarkable

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.

H11731

VerDate Aug 31 2005 23:52 Oct 18, 2007 Jkt 069060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A18OC7.000 H18OCPT1 bajohnson on PROD1PC69 with HOUSE H11732 CONGRESSIONAL RECORD — HOUSE October 18, 2007 person, and I want to acknowledge his child’s health. A child is also more Houses have said yes. Governors have accomplishments and efforts as he re- likely to succeed in education and life said yes. Private charities have said tires on November 1, 2007 after over 40 if they have access to health care at an yes, that we ought to provide health years of public service. I am proud to early age, and it certainly benefits our insurance for children in America. have had the opportunity to work with Nation in the long run. This is not a matter of a market fix. him closely as Deputy Garrison Com- Madam Speaker, I would hope more Small businesses cannot afford to pro- mander of Fort Bragg and am honored of my Republican colleagues would vide health insurance. Working fami- to call him my friend. work together to recognize the success lies, many of them, cannot afford to A native of New York, New York, story of CHIP, and would join us today buy health insurance on the private who grew up in rural Georgia, Gary in overriding the President’s veto. We market. Knight was assigned to Garrison Com- need to ensure that more children have In addition, this bill provides a guar- mand as the Deputy Garrison Com- access to quality health care. antee of dental coverage, because in mander in 1998, where he continues to f America, the greatest country, chil- serve today. dren should not die because they don’t Gary’s personal commitment to sup- HEALTHY HOSPITALS ACT have dental coverage. The bill provides porting our soldiers, Army civilians (Mr. TIM MURPHY of Pennsylvania dental coverage and mental health cov- and families in the Fort Bragg commu- asked and was given permission to ad- erage. It’s simple: We’re the greatest nity cannot be underestimated. As dress the House for 1 minute and to re- country. We ought to provide health Deputy Garrison Commander at Fort vise and extend his remarks.) insurance for all our children. Bragg, Gary Knight runs the day-to- Mr. TIM MURPHY of Pennsylvania. f day operations of the largest military Madam Speaker, yesterday’s headlines installation in the world. Through his stated that more people will die from NATIONAL SAVE FOR efforts and exceptional performance in MRSA infections than die from AIDS, RETIREMENT WEEK support of the Army’s finest but that’s just the beginning of the (Mr. SAM JOHNSON of Texas asked warfighters, he has forged the Epi- story, for actually some 90,000 people and was given permission to address center of the Universe into a more effi- will likely die this year from an infec- the House for 1 minute and to revise cient Army installation, which is play- tion they pick up in a hospital or re- and extend his remarks.) ing a central role in the global war ceiving health care. Tragic news. We Mr. SAM JOHNSON of Texas. Madam against terrorists. also hear about students in school who Speaker, October 21 through October 27 Gary Knight is a veteran of the have died from MRSA infections. But will be National Save for Retirement United States Air Force. His many the point is hospitals are taking ac- Week. I hope folks take a few moments awards include selection as the 1989 tions to reduce its infection rates, and next week to look at their personal Fort Bragg Executive of the Year, the yet Congress is not doing anything to savings to see what more they can do Meritorious Civilian Service Award, help address this issue. to save for retirement. Saving for re- the Superior Civilian Service Award, We can do something about it by tirement can be an overwhelming task the Commanders Award for Civilian passing legislation I’ve introduced, if left to the last minute. Just like Service, and the Achievement Medal H.R. 1174, the Healthy Hospitals Act. most things in life, if you fail to plan, For Civilian Service. My legislation would require hospitals you plan to fail. Retirement doesn’t Mr. Knight and his wonderful wife, to report infection rates. After all, peo- have to be that way. You can choose to Diana, an Army veteran and career ple can find out if their airline is on save. Civil Servicemember, have four chil- time; why not be able to find out if To learn retirement planning tips dren, Gary, Bobby, Stacey and Melissa, your hospital is infection free. Nine- and to complete a ballpark estimate on and four grandchildren, Lindsey, Trey, teen States currently require report- how much it will cost you to live in re- Diana and Madiline. ing, and several other States are con- tirement, go to the Web site Madam Speaker, I wish Gary Knight sidering legislation. Medicare earlier choosetosave.org. It’s time for you to the best on his upcoming retirement this summer began denying hospitals start planning your future retirement and thank him for all he has done for reimbursement for hospital-related in- today. Do it now. our soldiers and this great Nation. fections. f It is long overdue that Congress act. f HOUSE REPUBLICANS SHOULD Let’s standardize hospital reporting JOIN US IN OVERRIDING THE CHIP PROGRAM IS COST practices and fight hospital-related in- PRESIDENT’S CHIP VETO EFFECTIVE fections. I ask my colleagues to please (Mr. KLEIN of Florida asked and was cosponsor the Healthy Hospitals Act. (Ms. WATSON asked and was given given permission to address the House f permission to address the House for 1 for 1 minute and to revise and extend minute.) his remarks.) OVERRIDE SCHIP VETO Ms. WATSON. Madam Speaker, 10 Mr. KLEIN of Florida. Madam Speak- (Mr. WYNN asked and was given per- years ago, the Children’s Health Insur- er, President Bush rejected the wishes mission to address the House for 1 ance Program was created in a strong of the American people, 68 Senators, 43 minute and to revise and extend his re- bipartisan fashion to ensure more low- Governors, and 265 Members of this marks.) income children have access to quality body when he vetoed the children’s Mr. WYNN. Good morning, Madam health care. Today, thanks to CHIP, 6 health bill. Speaker. million children who would otherwise The reason that so many Democrats Today, the House will vote to over- be uninsured can see the doctor of their and Republicans support the CHIP Re- ride the President’s veto of the SCHIP family’s choice any time they want. authorization Act is that it is con- bill. For the first 8 years of the CHIP pro- sensus legislation that was crafted in a At the beginning of this debate some gram, the number of uninsured chil- bipartisan fashion. months ago, I said that if America is dren fell significantly, but that Over the last 10 years, the children’s the greatest country in the world, then changed 2 years ago, and the trend con- health program has proven to be a pop- we ought to guarantee that all of our tinued last year when 700,000 more chil- ular and successful program, with 6 children have health insurance. Great- dren joined the ranks of the uninsured. million children currently receiving ness is not measured by the size of our That was simply unacceptable to many quality private health care. It costs military industrial complex. Greatness of us here in Congress, and that’s why less than $3.50 per day to cover a child is measured by whether we can provide we crafted a final bipartisan agreement through the CHIP program. Insuring health insurance for 10 million Amer- that not only continues to provide kids is also cost effective for taxpayers ican children. health care access to 6 million kids who end up picking up the tab for indi- Now, the President has said no, but who are already in the program, but gent care in emergency rooms, the according to all the polls, the Amer- also to 4 million others who are also el- most expensive way to care for a ican people say yes. Majorities in both igible for CHIP. If the President had

VerDate Aug 31 2005 23:52 Oct 18, 2007 Jkt 069060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K18OC7.003 H18OCPT1 bajohnson on PROD1PC69 with HOUSE October 18, 2007 CONGRESSIONAL RECORD — HOUSE H11733 his way, the number of uninsured chil- BROADCASTER FREEDOM ACT Herseth Sandlin McCollum (MN) Sarbanes Higgins McDermott Schiff dren would go up by at least 800,000 DISCHARGE PETITION Hinchey McGovern Schwartz over the next year. That is why we (Mr. PENCE asked and was given per- Hinojosa McIntyre Scott (GA) need to override his veto today. mission to address the House for 1 Hirono McNerney Scott (VA) Hodes McNulty Serrano f minute and to revise and extend his re- Holden Meek (FL) Sestak SUSTAIN THE PRESIDENT’S VETO marks.) Holt Meeks (NY) Shea-Porter Mr. PENCE. This summer, some of Honda Melancon Sherman (Mrs. BLACKBURN asked and was Hoyer Michaud Shimkus the most powerful Members of Con- Inslee Miller (NC) Shuler given permission to address the House gress, the House and the Senate, advo- Israel Moore (KS) Simpson for 1 minute and to revise and extend cated a return of censorship to the air- Jackson (IL) Moore (WI) Sires her remarks.) waves of America in the form of the so- Jackson-Lee Moran (VA) Skelton Mrs. BLACKBURN. Madam Speaker, (TX) Murphy (CT) Slaughter called Fairness Doctrine. I, along with Jefferson Murphy, Patrick Smith (WA) today the liberal leadership of this more than 200 of my colleagues, intro- Johnson (GA) Murtha Snyder House will attempt to override the duced the Broadcaster Freedom Act. It Johnson (IL) Nadler Solis President’s veto of SCHIP. Kagen Napolitano Space would ensure that no future President Kanjorski Neal (MA) Spratt For weeks, they have been taking to could regulate the airwaves of America Kaptur Oberstar Stark the airwaves and talking about any- without an act of Congress. Kildee Obey Sutton body that opposes this bill is against Yesterday, House Republicans intro- Kilpatrick Olver Tanner disadvantaged children. Well, that’s Kind Ortiz Tauscher duced a discharge petition to bring the Kirk Pallone Taylor just not what this bill is about. Broadcaster Freedom Act to the floor Klein (FL) Pascrell Thompson (MS) Their bill would change a block grant of Congress. In 1 day, Madam Speaker, Kucinich Pastor Tierney program to an entitlement; it would Kuhl (NY) Paul Towns over 125 Members of Congress signed Lampson Payne Udall (CO) provide taxpayer-funded health care to this petition. Langevin Perlmutter Udall (NM) illegal immigrants; it would add more The American people should know, if Lantos Pomeroy Van Hollen adults and what the IRS calls high-in- 218 Members of Congress sign this peti- Larsen (WA) Porter Vela´ zquez come families to the government Larson (CT) Price (NC) Visclosky tion, we can have an up-or-down vote Lee Rahall Walberg health care rolls. It would even remove on legislation that would keep the Levin Rangel Walz (MN) people from private insurance rolls and Fairness Doctrine from ever coming Lewis (GA) Richardson Wasserman place them on the government rolls. Lipinski Rodriguez Schultz back. Loebsack Ross Waters And, most important, it’s going to I urge my colleagues, Republicans Lofgren, Zoe Rothman Watson move that decision between a doctor and Democrats, if you believe in broad- Lowey Roybal-Allard Watt and a patient to a bureaucrat. Well, cast freedom, if you believe in the free- Lynch Ruppersberger Welch (VT) that is what they are for. Mahoney (FL) Rush Wexler dom of the press, if you believe that Maloney (NY) Ryan (OH) Whitfield I suggest that we show respect for freedom of the press is not a partisan Markey Salazar Woolsey the children of the working poor that issue, sign the petition. Bring the Matheson Sa´ nchez, Linda Wu this bill was initially set up to address, Matsui T. Wynn Broadcaster Freedom Act to the floor McCarthy (NY) Sanchez, Loretta Yarmuth that we sustain the President’s veto. of the Congress and freedom will win Let’s start over. Show the issue the re- again in Congress. NAYS—187 spect it deserves. Aderholt Doolittle Latham f f Akin Drake LaTourette Alexander Dreier Lewis (CA) b 1015 THE JOURNAL Altmire Duncan Lewis (KY) Bachmann Ehlers Linder OVERRIDE THE SCHIP VETO The SPEAKER pro tempore. Pursu- Bachus Ellsworth LoBiondo ant to clause 8 of rule XX, the unfin- (Ms. LORETTA SANCHEZ of Cali- Baker English (PA) Lucas ished business is the question on agree- Barrett (SC) Everett Lungren, Daniel fornia asked and was given permission ing to the Speaker’s approval of the Barrow Fallin E. to address the House for 1 minute.) Bartlett (MD) Feeney Mack Journal, on which the yeas and nays Ms. LORETTA SANCHEZ of Cali- Barton (TX) Ferguson Manzullo were ordered. Biggert Flake Marchant fornia. Madam Speaker, today we have The question is on the Speaker’s ap- Bilbray Forbes McCarthy (CA) the opportunity to right a wrong, the Bilirakis Fortenberry McCaul (TX) proval of the Journal. President’s wrong in vetoing SCHIP re- Bishop (UT) Fossella McCotter The vote was taken by electronic de- authorization. Rather than admit that Blackburn Foxx McCrery vice, and there were—yeas 219, nays Blunt Franks (AZ) McHenry this veto is in error, the Bush adminis- 187, answered ‘‘present’’ 2, not voting Boehner Frelinghuysen McHugh tration has embarked on this misin- Bonner Gallegly McKeon 23, as follows: formation campaign. Bono Garrett (NJ) McMorris [Roll No. 981] Boustany Gilchrest Rodgers This legislation does not expand Brady (TX) Gingrey Mica YEAS—219 SCHIP eligibility. It does not extend Broun (GA) Goode Miller (FL) coverage to households with incomes Abercrombie Capito DeGette Brown (SC) Goodlatte Miller (MI) Ackerman Capps Delahunt Brown-Waite, Gordon Miller, Gary up to $83,000 a year. It does not pro- Allen Capuano DeLauro Ginny Graves Mitchell mote government-run health insur- Andrews Cardoza Dicks Burgess Hall (TX) Moran (KS) ance. Arcuri Carnahan Dingell Burton (IN) Hastert Murphy, Tim Rather, this legislation has targeted Baca Castle Doggett Buyer Hastings (WA) Musgrave Baird Castor Edwards Calvert Hayes Myrick uninsured American children living in Baldwin Chandler Ellison Camp (MI) Heller Neugebauer poverty, children who already qualify Bean Clarke Emanuel Campbell (CA) Hensarling Nunes for SCHIP but that don’t have health Becerra Clay Engel Cannon Herger Pearce Berkley Cleaver Eshoo Cantor Hill Pence care due to a lack of funding. Berman Clyburn Etheridge Carney Hobson Peterson (MN) One of the most important reforms in Berry Cohen Farr Carter Hoekstra Petri this legislation is the creation of an in- Bishop (GA) Cooper Fattah Chabot Hooley Pickering centive fund, a fund for States to enroll Bishop (NY) Costa Filner Coble Hulshof Pitts Blumenauer Costello Frank (MA) Cole (OK) Inglis (SC) Platts the 4 million children who currently Boozman Courtney Gerlach Conaway Issa Poe are eligible for the program but are not Boren Cramer Giffords Crenshaw Johnson, Sam Price (GA) enrolled. Boswell Crowley Gillibrand Cubin Jones (NC) Pryce (OH) Boucher Cuellar Gonzalez Culberson Jordan Putnam Further, this legislation phases out Boyd (FL) Cummings Granger Davis (KY) Keller Radanovich the use of SCHIP funds to cover adults. Boyda (KS) Davis (AL) Green, Al Davis, David King (IA) Regula Let’s not forget it was the administra- Brady (PA) Davis (CA) Green, Gene Deal (GA) Kingston Rehberg tion who allowed States to put adults Braley (IA) Davis (IL) Grijalva Dent Kline (MN) Reichert Brown, Corrine Davis, Lincoln Hare Diaz-Balart, L. Knollenberg Renzi into this program. Please, let’s get this Buchanan Davis, Tom Harman Diaz-Balart, M. LaHood Reynolds right. Override this veto. Butterfield DeFazio Hastings (FL) Donnelly Lamborn Rogers (AL)

VerDate Aug 31 2005 23:52 Oct 18, 2007 Jkt 069060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K18OC7.004 H18OCPT1 bajohnson on PROD1PC69 with HOUSE H11734 CONGRESSIONAL RECORD — HOUSE October 18, 2007 Rogers (KY) Shuster Upton Thank you for your attention to this mat- for the Senate in 1978. She was at Rogers (MI) Smith (NE) Walden (OR) ter. Paul’s side when he ran for the Presi- Rohrabacher Smith (NJ) Walsh (NY) Very truly yours, Ros-Lehtinen Smith (TX) dency in 1992 and when he fought so Wamp WILLIAM FRANCIS GALVIN, Roskam Souder valiantly against the cancer that fi- Weldon (FL) Secretary of the Commonwealth. Royce Stearns Weller nally claimed him in 1997. Ryan (WI) Stupak Westmoreland f Over the years, NIKI TSONGAS has Sali Sullivan Wicker Saxton Terry been a social worker, a community Wilson (NM) SWEARING IN OF THE HONORABLE Schmidt Thompson (CA) Wilson (SC) NIKI TSONGAS, OF MASSACHU- leader in Lowell, a lawyer, and an edu- Sensenbrenner Thornberry Wolf cator. As a community leader, she has Sessions Tiahrt SETTS, AS A MEMBER OF THE Shadegg Tiberi Young (FL) HOUSE had a passion for social and environ- Shays Turner mental justice, which she brings with Mr. MARKEY. Madam Speaker, I ask ANSWERED ‘‘PRESENT’’—2 her as she arrives in Congress. And unanimous consent that the gentle- through it all, she was an amazing Gohmert Tancredo woman from Massachusetts, the Honor- mother to three daughters, Ashley, NOT VOTING—23 able NIKI S. TSONGAS, be permitted to Katina and Molly. Carson Johnson, E. B. Ramstad take the oath of office today. Lowell and the Merrimack Valley has Conyers Jones (OH) Reyes Her certificate of election has not ar- a strong industrial past, and nobody Doyle Kennedy Schakowsky rived, but there is no contest and no will better represent the roll-up-your- Emerson King (NY) Waxman question has been raised with regard to Gutierrez Marshall Weiner sleeves, hard work persona of this area Hall (NY) Miller, George Wilson (OH) her election. like NIKI TSONGAS. Hunter Mollohan Young (AK) The SPEAKER. Is there objection to In January, our delegation was proud Jindal Peterson (PA) the request of the gentleman from Mas- to cast our votes for the first female b 1044 sachusetts? Speaker of the House. Today, I am Mr. BURTON of Indiana changed his There was no objection. proud to introduce the first female vote from ‘‘yea’’ to ‘‘nay.’’ The SPEAKER. Will the Representa- Member of the Massachusetts congres- So the Journal was approved. tive-elect and members of the Massa- sional delegation in 25 years. The result of the vote was announced chusetts delegation present themselves I give you the distinguished as above recorded. in the well, including the United States gentlelady from the Commonwealth of Senators. Massachusetts, Congresswoman NIKI f Ms. TSONGAS appeared at the bar of TSONGAS. COMMUNICATION FROM THE the House and took the oath of office, Ms. TSONGAS. Madam Speaker, it CLERK OF THE HOUSE as follows: has been a real honor and pleasure and The SPEAKER laid before the House Do you solemnly swear or affirm that treasure to be sworn in by the first fe- the following communication from the you will support and defend the Con- male House Speaker. Thank you so Clerk of the House of Representatives: stitution of the United States against much. all enemies, foreign and domestic; that And I want to thank ED MARKEY and OFFICE OF THE CLERK, the members of the delegation who HOUSE OF REPRESENTATIVES, you will bear true faith and allegiance Washington, DC, October 17, 2007. to the same; that you take this obliga- have been so supportive of me as I have Hon. NANCY PELOSI, tion freely, without any mental res- journeyed through this most remark- Speaker, House of Representatives, ervation or purpose of evasion; and able campaign. It was hard fought, but Washington, DC. that you will well and faithfully dis- here we are. Thank you so much for all DEAR MADAM SPEAKER: I have the honor to charge the duties of the office on which of the help you provided. It is my great transmit herewith a facsimile copy of a let- honor to be part of this most remark- ter received from Mr. William Francis you are about to enter, so help you God. able institution. Thank you. Galvin, Secretary of the Commonwealth of My race was about a lot of things. The SPEAKER. Congratulations, you Massachusetts, indicating that, according to But as we approached the end, it was so the unofficial returns of the Special Election are now a Member of the 110th Con- valuable to me to be able to say that I held October 16, 2007, the Honorable Nicola S. gress. Tsongas was elected Representative to Con- want to come here and have my first gress for the Fifth Congressional District, f vote cast to be around children’s Massachusetts. WELCOMING THE HONORABLE NIKI health. With best wishes, I am TSONGAS TO THE HOUSE OF There is nothing more fundamental Sincerely, REPRESENTATIVES to the long-term capacity of this coun- LORRAINE C. MILLER, try than to take care of its most vul- Clerk. The SPEAKER. The Chair recognizes nerable citizens. And so for me to ar- Enclosure. the distinguished dean of the Massa- rive on this day and cast my vote to THE COMMONWEALTH OF MASSACHU- chusetts delegation, Mr. MARKEY. override the President’s veto is some- SETTS, SECRETARY OF THE COM- Mr. MARKEY. Madam Speaker, on thing I will always remember, that I MONWEALTH, behalf of the entire Massachusetts con- Boston, MA, October 17, 2007. was part of this great debate around gressional delegation, it is my great the future of our country, the Hon. LORRAINE C. MILLER, pleasure and privilege to introduce the Clerk, House of Representatives, generational responsibility we have Washington, DC. newest Member of the 110th Congress, both to our young and to our old, and DEAR MS. MILLER: This is to advise you the gentlelady from the Fifth Congres- to be here on this most remarkable that the unofficial results of the Special sional District of Massachusetts, NIKI day. State Election held on Tuesday, October 16, TSONGAS. I am going to keep this short. We 2007, for the office of Representative in Con- NIKI TSONGAS is the eldest of four sis- have a lot of work to do. That is one gress from the Fifth Congressional District ters who grew up in a military family thing I learned throughout this cam- of Massachusetts, show that Nicola S. Tson- bouncing between air bases all across gas received 54,328 votes out of 105,985 total paign; people want change. They want votes cast for that office. the United States, Europe, and Japan. us to come to the table, solve problems It would appear from these unofficial re- In 1967, while her father was stationed and move this country forward, and I sults that Nicola S. Tsongas was elected as at the Pentagon, she met her future am happy to be here to be part of that Representative in Congress from the Fifth husband, our late distinguished House most remarkable opportunity. Thank Congressional District of Massachusetts. colleague, Paul Tsongas, while he was you. To the best of my knowledge and belief at working just across the street as an in- f this time, there is no contest to this elec- tern in the office of then Fifth District tion. Congressman Brad Morse. ANNOUNCEMENT BY THE SPEAKER As soon as the official results are certified to this office by those municipalities located NIKI was Paul’s soul mate and his The SPEAKER. Under clause 5(d) of within the Fifth Congressional District, an strongest supporter when he ran suc- rule XX, the Chair announces to the official Certificate of Election will be pre- cessfully to join us here in the House of House that, in light of the administra- pared for transmittal as required by law. Representatives in January of 1975 and tion of the oath to the gentlewoman

VerDate Aug 31 2005 01:52 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\A18OC7.001 H18OCPT1 bajohnson on PROD1PC69 with HOUSE October 18, 2007 CONGRESSIONAL RECORD — HOUSE H11735 from Massachusetts, the whole number to enroll millions of low-income chil- Southeast shouldn’t be forced to sub- of the House is 433. dren who are already eligible for bene- sidize the health care for children and f fits yet remain uninsured. Under cur- families in the richer States who are rent law, these boys and girls are enti- making over $82,000 per year. CHILDREN’S HEALTH INSURANCE tled to their benefits. Continuing this Third, no Federal SCHIP funds for PROGRAM REAUTHORIZATION situation of not providing coverage is a adults other than pregnant women be- ACT OF 2007—VETO MESSAGE travesty. ginning in 2009. We should give the FROM THE PRESIDENT OF THE I am not alone in this view. Former States a year to transition their low- UNITED STATES Surgeons General for Presidents income adults to Medicaid, which is The SPEAKER pro tempore (Mrs. Carter, Reagan, Bush, Clinton and for where they belong, and stop taking TAUSCHER). The unfinished business is the current President recently wrote in away limited resources from needy the further consideration of the veto support of this legislation the fol- children and giving them to childless message of the President on the bill lowing: ‘‘We implore you to not put off adults. (H.R. 976) to amend title XXI of the So- the health needs of our Nation’s chil- Fourth, keep the existing Federal re- cial Security Act to extend and im- dren. Please act today.’’ quirement that States actually docu- prove the Children’s Health Insurance This legislation has the strong back- ment the citizenship and identity of all Program, and for other purposes. ing of the entire medical community, of the applicants for Medicaid and The Clerk read the title of the bill. children advocates, educators, school clearly state in the bill that illegal im- The SPEAKER pro tempore. The administrators and school boards, as migrants are prohibited from receiving question is, Will the House, on recon- well as insurance companies across the Medicaid or SCHIP benefits. Being able sideration, pass the bill, the objections country, and 43 of the Nation’s Gov- to write down a Social Security num- of the President to the contrary not- ernors want SCHIP enacted because ber doesn’t actually prove you’re a withstanding? they know children cannot learn if United States citizen. Federal benefits The gentleman from Michigan (Mr. they are not well. should not go to illegal immigrants. DINGELL) is recognized for 1 hour. Fifth, no millionaires in SCHIP. We b 1100 Mr. DINGELL. Madam Speaker, for should simply put a $1 million net purposes of debate only, I yield 30 min- They also know something else. asset cap on eligibility for Federal utes to my good friend, the distin- These are the most vulnerable people SCHIP funds. If you have over $1 mil- guished gentleman from Texas (Mr. in our society. We will be judged how lion in net assets, you should be able to BARTON). we care for them; but beyond that, this afford to pay for your children’s health I will also yield 15 minutes of my is an investment in the future of the insurance. time to the distinguished gentleman country. More than 300 organizations Mr. RANGEL. Madam Speaker, I from New York (Mr. RANGEL) and ask and a long list of distinguished Ameri- yield myself 2 minutes. After my 2 unanimous consent that he be per- cans support this bill. minutes, I ask unanimous consent to mitted to control that time. I urge my colleagues to join in overturn the remaining time to Chairman The SPEAKER pro tempore. Is there riding the veto. STARK to be able to yield to other peo- objection to the request of the gen- Madam Speaker, I reserve the bal- ple as he sees fit. tleman from Michigan? ance of my time. The SPEAKER pro tempore. Is there There was no objection. Mr. BARTON of Texas. Madam objection to the request of the gen- GENERAL LEAVE Speaker, I ask unanimous consent, of tleman from New York? Mr. DINGELL. Madam Speaker, I ask the 30 minutes that I control, I yield 15 There was no objection. unanimous consent that all Members minutes of that to the ranking member Mr. RANGEL. Madam Speaker, let may have 5 legislative days in which to of the Ways and Means Committee, Mr. me stand in a sense of bipartisanship, revise and extend their remarks and to MCCRERY of Louisiana, to control. especially to my Republican friends, include extraneous material on the The SPEAKER pro tempore. Is there and remind you that come the next matter under consideration. objection to the request of the gen- election, President Bush is going to be The SPEAKER pro tempore. Is there tleman from Texas? there at his ranch in Texas, and he will objection to the request of the gen- There was no objection. not be with you at the polls. tleman from Michigan? Mr. BARTON of Texas. Madam I say that because by that time the There was no objection. Speaker, I yield 2 minutes to the dis- truth will have caught up with the Mr. DINGELL. Madam Speaker, I tinguished ranking member of the message that the President is giving yield myself 2 minutes. Health Subcommittee of the Energy and most of you are using to sustain Today we face an awesome responsi- and Commerce Committee, Mr. DEAL of the President’s veto. bility to do what is right for America’s Georgia. Let me get to the one that I’m most children. The debate here is about one Mr. DEAL of Georgia. I thank the familiar with, this $83,000 ability of thing only: health care for kids. Some gentleman for yielding. people to enjoy SCHIP. No one is more have tried to change the subject, obfus- All of us would like to see an exten- familiar with this than I am. It was the cating this debate with misconcep- sion of the SCHIP program, and I think great State of New York that exercised tions, half-truths, and outright lies. there are some very basic principles on its request for a waiver to ask the Whether this is ignorance or malfea- which all of us should agree, principles President of the United States whether sance, allow me to help them under- that should be embodied in a bipartisan or not a family of four would be al- stand the legislation. piece of legislation. I would suggest lowed to buy in, even though they were First, the bill terminates the cov- there are five. making $83,000. And guess what, under erage of adults under the CHIP pro- First of all, we should put the poor- existing law, not new law, the Presi- gram. I repeat, terminates. est children at the front of the line. dent of the United States says, hell, no, Second, the bill prohibits the use of That means we should require States you can’t do it. Federal funds for illegal aliens. Section actually to enroll 90 percent of their So we’ve got to emphasize over and 605 plainly states, ‘‘No Federal Funding SCHIP and Medicaid-eligible children over again, you could ask for it for $1 for Illegal Aliens.’’ under 200 percent of the poverty line million because it’s not an entitle- Third, the bill is fully paid for and before they start enrolling children at ment, it’s a block grant, and the Gov- will not increase the national debt. In higher income levels. ernors can ask for anything they want fact, CBO estimates this bill, if en- Two, no families with incomes above over 200 percent over poverty, and the acted, will return money to the Treas- 250 percent of the Federal poverty level President, Republican or Democrat or ury. should be eligible for Federal SCHIP whoever she might be, will be able to The legislation before us would pro- funds. States that want to go above say, no, you’re not going to be able to vide health care and health insurance that should feel free to do so with their do it. So knock that out. coverage for 10 million needy American own funds; but hardworking, tax-pay- And for all of the people that are children. It provides funding for States ing families in the Midwest and the upset with immigrants, legal or illegal,

VerDate Aug 31 2005 23:52 Oct 18, 2007 Jkt 069060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K18OC7.009 H18OCPT1 bajohnson on PROD1PC69 with HOUSE H11736 CONGRESSIONAL RECORD — HOUSE October 18, 2007 we’re just going to put in big letters so Mr. DINGELL. Madam Speaker, I preciate the privilege to address this that by the time November gets here yield 2 minutes to the distinguished issue again here on the House floor. that in the bill that the President has gentleman from New Jersey (Mr. I think we miss the point sometimes vetoed it says no illegal alien can re- PALLONE), the chairman of the sub- on what this is about. This isn’t about ceive the benefits of the bill. committee, a great expert on the busi- sometimes the nuances of all of this. And since you’re so against adults re- ness of health. This is about where we take this Na- ceiving benefits, the bill is eliminating Mr. PALLONE. Thank you, Mr. tion, and I’m seeing this debate in Iowa adults. Chairman. and across this country. So if you can’t be with us today, try I just keep hearing inaccurate infor- And what this is about, SCHIP stands to think of yourself in November, and mation on the other side of the aisle in for Socialized, Clinton-style maybe we can work out something. an effort to try to sustain this veto, Hillarycare for Illegals and their Par- Mr. MCCRERY. Madam Speaker, I and it’s simply not right. ents. That’s what happens, and it is yield myself so much time as I may First of all, this bill is totally paid illegals that are being funded by this consume. for with a tobacco tax increase. Now, because all they have to do is write Ten years ago, Republicans and you may not like that if you don’t like down a Social Security number. Democrats came together to create an your tobacco taxed, but that’s how it’s The CBO, the Congressional Budget SCHIP program with a stable funding paid for and it’s a good way to pay for Office, has given us a number, $6.5 bil- source. It was a truly paid-for program. it. lion in additional costs that flow over Throughout the process this year, Secondly, this idea that the Presi- to people that are not citizens because we’ve been talking about the fact that dent’s alternative will not take kids off we’ve lowered the standards. Whatever this SCHIP reauthorization that’s be- the rolls, that is simply not true. With gets said, that’s the language that’s in fore the House today is not paid for. the President’s alternative, 800,000 chil- there, and the cost is there, $6.5 billion. It’s paid for only if you accept the dren that are now covered by SCHIP So this is SCHIP, Socialized Clinton- budget gimmick that is used to make will not have SCHIP anymore. style Hillarycare for Illegals and their it appear on paper over the 10-year The President’s veto of this bill was Parents. This is the cornerstone of so- budget window that the program is a slap in the face not only to this Con- cialized medicine. It’s put in place. paid for. gress but to the millions of children That’s what this debate is about: make But I don’t think any of us realized who, without this bill, will continue to people dependent so they don’t have in- just how steep that cliff in the bill is be uninsured or, worse, lose the insur- dividual responsibility and you can until today, because last night my staff ance they currently have. have more people dependent upon your received from the nonpartisan Congres- And this is the truth about CHIP. votes on the floor of this Congress and sional Budget Office new numbers that Just listen up. The bipartisan CHIP less vitality in America. show very clearly that under the bill proposal is supported by 72 percent of Mr. DINGELL. Madam Speaker, I that’s before us today, total enroll- the American people, two-thirds of the yield myself 15 seconds for purposes of ment in SCHIP is expected to drop by Senate, the majority of the House, 43 responding to the comments just made. 6.5 million children in the second five State Governors, and more than 300 or- I want my colleagues to take a care- years of the program. Does anybody be- ganizations nationwide. ful look at the remarks just made and lieve that is going to happen? Of course The President is deluding himself if the poster just presented. Every one of not. But the way the bill is designed, he doesn’t think this veto is going to those statements is false. There is no that’s what would happen. We know hurt millions of children; and unless we treatment in this for illegals. There is that’s not going to be reality. override, there are just going to be a no treatment in this for their parents. Under this bill, the way it’s designed, lot of kids who simply cannot go to the This is not socialized medicine. Democrats would have people believe doctor and would have to go to the It is supported by the health care in- that SCHIP enrollment, kids enrolled emergency room. dustry. It is also supported by the in- in this program, will drop to only 1.3 What we sent to the President was a surance industry. It has no relation- million by 2017. reasonable, bipartisan bill that would ship to and it doesn’t even look like Under a realistic expansion of the cover 4 million previously uninsured the Hillarycare thing about which the program, which the President has pro- low-income children, most of whom are gentleman complains. posed and we support, there would be in working families, a total of 10 mil- I would note something else. This is 2.9 million kids enrolled in the pro- lion. The vast majority of these kids a proposal which is a block grant to gram in 2017. So under this bill that’s are the very lowest income children the States. It is not an entitlement. before us today, you’d have 1.6 million who have no other options for care. Mr. STARK. Madam Speaker, I yield fewer kids enrolled in SCHIP than you The President claims this bill covers myself 2 minutes. would under the President’s budget. rich kids, but it’s not true. Senator First of all, I’m just amazed that the That’s not realistic. We know that’s HATCH who helped write this bill said 92 Republicans are worried that we can’t not going to happen. percent of the kids will be under 200 pay for insuring an additional 10 mil- So how does that problem get fixed percent of the poverty level. lion children. They sure don’t care after 5 years? Massive tax increases. The President has also said that this about finding $200 billion to fight the That’s how it gets fixed. This House bill opens the door to government- illegal war in Iraq. Where are you will be back here having to finance the sponsored health care because it en- going to get that money? You are real costs of the then-existent SCHIP courages families to drop their cov- going to tell us lies like you’re telling program over the next 5 years, which erage. Simply not true. CBO said that us today? Is that how you’re going to CBO estimates will require about an- that is not the case. fund the war? other $40 billion in revenues over and The best way to avoid crowd-out is to You don’t have money to fund the above the new $35 billion that this bill basically pass this bill. The problem is war or children, but you’re going to would impose on the American tax- we continue to get inaccurate informa- spend it to blow up innocent people if payers. tion from the other side of the aisle. we can get enough kids to grow old So there is a better way. It’s the way I would urge my Republican col- enough for you to send to Iraq to get we created for this program in the first leagues today to vote with their con- their heads blown off for the Presi- place, a bipartisan, fiscally responsible, science, instead of with this misguided dent’s amusement. truly fiscally responsible program to loyalty to the President who is out of This bill would provide health care help kids in need. touch with America’s families. for 10 million children; and unlike the I hope that the majority will be will- Vote to override. President’s own kids, these children ing to join with us, all of us, to create Mr. BARTON of Texas. Madam can’t see a doctor or receive necessary that bipartisan program again when Speaker, I yield 1 minute to the gen- care. Six million are insured through this veto is sustained. tleman from Iowa (Mr. KING). the Children’s Health Insurance Pro- Madam Speaker, I reserve the bal- Mr. KING of Iowa. I thank the rank- gram, and they’ll do better in school ance of my time. ing member for yielding to me and ap- and in life.

VerDate Aug 31 2005 23:52 Oct 18, 2007 Jkt 069060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K18OC7.012 H18OCPT1 bajohnson on PROD1PC69 with HOUSE October 18, 2007 CONGRESSIONAL RECORD — HOUSE H11737 b 1115 our emergency rooms. It is a great pro- are sent here and we are given access In California, the President’s veto gram. to figures and numbers that perhaps will cause the legislature to draw up When we created it, we did it the others don’t have. What figures and right way. We sat down with the Presi- emergency regulations to cut some numbers I am talking about tell us dent, President Clinton, and we worked 800,000 children off the rolls in Cali- that we cannot sustain the trend that out a good plan for kids. And then, fornia and create a waiting list. I hope we are on, particularly ramping up a more importantly, we believed in it my California Republican colleagues program like this and spending more enough to pay for it. We paid for the will understand that if they don’t vote than we have in the past. We simply whole 10 years. This plan does not. It is to override this veto, they are destroy- can’t sustain it, particularly when gim- only half paid for. It is only half paid ing health care for many of our chil- micks are used in the outyears to pay for. It is just like these predatory dren in California. for it. We know that. Perhaps those loans; the first years are affordable, In his previous job as an actor, our who are responding to the polls do not. and then it balloons beyond what we George Washington once said: If to Governor used to play make-believe can pay for it. If we believe in it, let’s and blow things up. Well, the Repub- please the people we do what we our- pay for it now. It allows abuses to con- selves disapprove, how will we after- licans in Congress are playing make- tinue. It doesn’t cover the poor kids believe today with children’s lives. wards defend our work? first. That is what we are here for, to do They claim they can’t afford health My question is, why don’t we sit care. They say the bill will socialize what we know is right. When I am told down, why don’t we quit playing polit- you have got to do what your con- medicine. Tell that to ORRIN HATCH, ical games with our kids, sit down with science says, my conscience says that CHUCK GRASSLEY, and TED STEVENS, Republicans and Democrats with the we can’t afford this. If we have to use those socialists on the other side of the White House and find a solution that is Capitol. The truth is, the CHIP pro- gimmicks in the outyears to pay for it, right for our children. we simply can’t afford to expand this gram allows States to cover children Mr. DINGELL. Madam Speaker, I am primarily through private health care program. delighted to yield to the distinguished Mr. STARK. Madam Speaker, I would plans. gentleman from Utah (Mr. MATHESON) 1 like to recognize for 1 minute a distin- But President Bush’s statements minute. guished member of the Ways and about children’s health shouldn’t be Mr. MATHESON. Madam Speaker, I Means Committee, the gentlelady from taken any more seriously than his lies have long stated that caring for our Pennsylvania (Ms. SCHWARTZ) who, un- about the war in Iraq. The truth is that children is always the right thing to like the Republicans, has had some ex- Bush just likes to blow things up in do. Every parent in my State of Utah perience with the truth and knows that Iraq, in the United States, and in Con- and in this country knows that access occasionally it hurts. to health care and preventive medicine gress. Ms. SCHWARTZ. The President has for our kids is the right thing to do. I urge my colleagues to vote to over- rejected legislation to strengthen and ride his veto. America’s children need It has been 10 years ago that we passed this program. It has helped in- expand CHIP for 10 million children of and deserve health care despite the hardworking American families. The President’s desire to deny it to them. sure more than 6 million children, and that is a good thing. And we have made President’s veto makes it clear that he ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE has chosen to ignore the financial The SPEAKER pro tempore. Mem- that type of progress even as health care costs have gone up and the num- struggles of working families in this bers are reminded not to engage in per- country who are unable to afford sonalities toward the President. ber of people struggling to get and to pay for health insurance has increased. health care for their children. His veto Mr. MCCRERY. I thank the Speaker makes clear that health care for Amer- for that admonition. We made that progress through the Children’s Health Insurance Program ica’s children simply is not a priority Madam Speaker, at this time I would for him; and the Republicans in this yield 2 minutes to the gentleman from because it is a model that works. The States do their part, the Federal Gov- Chamber who support his veto today il- Texas, a member of the Ways and ernment does its part, private insur- lustrate that they, like the President, Means Committee, Mr. BRADY. ance does its part, and the families does not understand or have chosen to Mr. BRADY of Texas. Madam Speak- through copays and premiums do their ignore how well CHIP has worked and er, that gentle reminder is not enough. part as well. how positively it has impacted the It is despicable to have a Member of At a time when it is often tough to lives of millions of American families. this Congress accuse this President, make progress on important issues, The Nation’s Governors, health care any President, of willfully blowing the why would we want to turn our backs providers, children’s advocates, insur- heads, quote, blowing the heads off our on our kids and stop progress in its ance executives, labor unions, religious young men and women over in Iraq and tracks? leaders, parents and grandparents all Afghanistan. Having a brother who is As Members of Congress, none of us support CHIP’s affordable coverage for an Army medic and served in Iraq, hav- have to worry about this. We all have millions of American children. They ing spent this weekend with a family insurance for our kids. We don’t need know the President’s veto is short- who lost their son in Iraq, it is beneath to worry about being one huge medical sighted, it is callous, and it is wrong. contempt, beneath contempt, to have a bill away from facing bankruptcy. Today is the day of decision to stand Member of Congress stand here and ac- Let’s think about the folks who aren’t with the President or to stand with cuse the President of, in effect, assassi- in the same situation that we all have America’s children. Ten million Amer- nating our troops in Iraq and Afghani- as Members of Congress. The best in- ican children and their families are stan. It is dead wrong. And it is be- vestment we can make is in our kids. I waiting. neath contempt as well that we will sit urge Congress to override the Presi- Mr. MCCRERY. Madam Speaker, I here silently and allow such a remark dent’s veto. recognize for 11⁄2 minutes the distin- to be tolerated, accepted if not em- Mr. BARTON of Texas. Madam guished gentleman from California braced. And I will guarantee you, no Speaker, I yield 1 minute to the distin- (Mr. HERGER), the ranking member on Member on this side will stand up here guished gentleman from Arizona (Mr. the Trade Subcommittee of the Ways and disavow those remarks, unfortu- FLAKE). and Means Committee. nately, today. Mr. FLAKE. I thank the gentleman Mr. HERGER. Madam Speaker, all of It is bad enough that we are playing for yielding. us support SCHIP and we all want to politics with the war. Now we are play- There has been a lot of rhetoric reauthorize it, but we need to put lowing politics with our kids. The claim today and a lot of talk about polling income kids first. that the Republicans don’t support this and how Americans everywhere sup- This bill would expand the program program is equally untrue. We created port this, Governors support this, peo- to families making more than $60,000 a it. This is a great program. It keeps ple at the local level support it. year. That is not low income. It is a kids healthy. It helps their families We have in this country something majority of the households in America. avoid serious illness, keeps them out of called representative government. We There is a better way. Reauthorize

VerDate Aug 31 2005 01:52 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K18OC7.014 H18OCPT1 bajohnson on PROD1PC69 with HOUSE H11738 CONGRESSIONAL RECORD — HOUSE October 18, 2007 SCHIP and keep it focused on truly calls high-income families to the gov- Health Insurance Program is almost needy children, and then tackle rising ernment health care rolls. It would re- unrecognizable from the original bill, health care costs that are squeezing move people from private insurance and certainly beyond the original in- middle-class families. and put them over on the government tent of that bill. Tax credits could help 101⁄2 million rolls. It would, in many cases, replace For instance, New Jersey currently kids from middle-income families gain the doctor-patient relationship with has a planned amendment that would or keep their health care coverage. the bureaucrat making the decision. use income disregards which would Millions more would benefit if families It doesn’t live up to its name. It allow it to raise its SCHIP eligibility could purchase less expensive health doesn’t live up to what it is supposed levels to 350 percent of poverty. That’s plans from across State lines. Let’s de- to do. How do you pay for it? With about $71,000 for a family of four. And feat this motion and get to work on budget gimmicks. Look at what hap- don’t just take my word for it. Look at making health care more affordable for pens in 2012. Let’s show respect for the section 114, subparagraph A under the all Americans. issue. Take it back. Sustain the Presi- bill. And that would continue under Mr. DINGELL. Madam Speaker, at dent’s veto. this bill. this time it is my privilege to show the Mr. STARK. Madam Speaker, I yield Many adults without children would bipartisanship of this bill which is sup- to the distinguished gentleman from be eligible under this bill. Don’t take ported by one of every four of our Re- New York (Mr. HALL) 1 minute. my word for it. Read subparagraph A of publican colleagues, including our dear Mr. HALL of New York. Madam section 112 of the bill. You know, the friends Mr. GRASSLEY and Mr. HATCH in Speaker, in a move that defies logic, bill allows States to move them to the Senate. At this time, I yield to the President Bush made the mistake of Medicaid, but allows it to pay. distinguished gentlewoman from New vetoing the Children’s Health Insur- The Federal Government should not Mexico (Mrs. WILSON) 1 minute. ance Program, or CHIP, contradicting be, in my humble opinion, in the busi- Mrs. WILSON of New Mexico. Ten an explicit pledge he made during the ness of paying for States who want to years ago, the Children’s Health Insur- 2004 campaign to ‘‘lead an aggressive cover childless adults that are grand- ance Program passed with a Repub- effort to make sure uninsured children fathered in this bill. And on behalf of lican Congress and a Democratic Presi- receive health coverage, guaranteeing my constituents in Missouri, should I dent. Now we are trying to reauthorize them a healthy start in life.’’ Instead ask them to reach in their pockets it with a Democratic Congress and a of living up to that promise, he is deny- then and to pay for health care for a Republican President. We should be ing millions of children access to high family of four in New Jersey making able to do this, and we should be able quality, affordable health care. $70,000 or a family of four in New York to do it in a bipartisan way. CHIP is a vital program for both the making $80,000? The Children’s Health Insurance Pro- Nation and the State of New York. So it comes down to this. In fact, there are still 79,000 kids in Missouri, gram has reduced the number of unin- Since 1997, it has proven to be a pop- Madam Speaker, that are still at or sured children in this country and has ular, successful program, covering 6.6 below 200 percent of poverty. Those are given them access to primary care. million children nationwide, and help- the kids we need to reach out to to pro- They live healthier lives because of it. ing to reduce the number of uninsured children in my State of New York by 40 vide health insurance. This is not a great bill, but it is a good So the question at the end of this bill; and I have supported this bill, and percent. The bill he vetoed would help 268,000 more of New York’s kids. vote is this, to my friends on the other I encourage my colleagues to support it side, Do you want the politics or do again today. The President has said that children don’t need health care; all they need to you want the policy? In particular, it phases out the par- Mr. DINGELL. Madam Speaker, at ticipation of adults in this program. do when they get sick is go to an emergency room. I am not sure if that com- this time I yield to the distinguished This program is for kids, for low-in- majority whip, the gentleman from come kids, not for adults. And succes- ment was uninformed and irresponsible or simply callous, but I think that par- South Carolina, my friend, Mr. CLY- sive administrations have been approv- BURN, 3 minutes. ing the admission of adults to the pro- ents of New York would like to see the veto overridden. Mr. CLYBURN. Madam Speaker, gram, and that was not its intent. when it comes to the war on terror, the New Mexico in particular will benefit Mr. MCCRERY. Madam Speaker, I ask unanimous consent that Mr. President is always quick to remind from this program because it allows members of the international commu- HULSHOF, a member of the Health Sub- lower income kids to be participants in nity that they’re either with us or the program. Because of an anomaly of committee of the Ways and Means Committee, be permitted to allocate against us. There is no neutral or im- the original law, New Mexico’s lowest partial position that can be taken. income kids are not eligible for this the remainder of the time on my side. The SPEAKER pro tempore. Is there Well, I’m here to tell my colleagues program. I would urge my colleagues to objection to the request of the gen- today that there is no nonaligned posi- vote in favor of the bill today. tleman from Louisiana? tion that they can assume on child Mr. BARTON of Texas. Madam There was no objection. care. You either support working fami- Speaker, I yield 1 minute to a distin- Mr. HULSHOF. Madam Speaker, I lies with health care for their children, guished member of the Energy and yield myself 2 minutes. or you don’t. It’s just that simple. Commerce Committee, Mrs. Never in my wildest dreams would I Now, I’ve heard the specious claims BLACKBURN of Tennessee. imagine that on a day in August of 1997 that SCHIP is a form of socialized med- Mrs. BLACKBURN. Madam Speaker, that a Democratic President would icine. The President did not call it so- we do all know what this debate is sign a bill presented by a Republican cialized medicine when he promised the about, but I think there is still confu- Congress, and that that would be a American people he would seek to ex- sion about the context of this bill and high-water mark as far as consensus pand the program when he was accept- the content of this bill. We have heard between a divided government, 10 years ing the party’s nomination for a second our colleagues across the aisle saying ago, the high-water mark of a divided term. Then again, how can it be social- that it has to do with supporting government coming together to create ized medicine when it covers 10 million health care for disadvantaged children. a solution. I was here to help create children and not be socialized medicine But, unfortunately, that is not exactly the bill. In that instance, a Republican for 6 million children? what this bill does. Congress worked with, negotiated with, And the outrageous claim that this We are all for health care for children compromised with the President of the Congress is neglecting poor children is of the working poor, but some of the other party to create a solution to the inaccurate. We already provide assist- things that this bill is about: It would problem of children who had no health ance to poor children through Med- move a very successful block grant pro- insurance. icaid. SCHIP is designed to provide as- gram to an entitlement. It would pro- sistance to those working families vide free taxpayer-funded health care b 1130 whose incomes are too high to qualify to illegal immigrants. It would add Now, I would say, Madam Speaker, for Medicaid and too low to purchase more adults than what our own IRS that the 2007 version of the Children’s private health care coverage.

VerDate Aug 31 2005 23:52 Oct 18, 2007 Jkt 069060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K18OC7.017 H18OCPT1 bajohnson on PROD1PC69 with HOUSE October 18, 2007 CONGRESSIONAL RECORD — HOUSE H11739 If you do not want to provide relief Our bill does right by Dolores tion, the Association of Health Insur- to middle-income families, you should Sweeney and the other 10 million chil- ance Plans, pharmaceutical companies, just have the guts to say so. But don’t dren from working families. nurses, children’s advocates. And most come here to the floor and mislabel I believe that you care about the important, they can stand with the this bill as socialized medicine or ac- poor, but I wonder why you voted to American people, 81 percent of whom cuse Democrats of not prioritizing the cut $8 billion from Medicaid. support expanding the CHIP program needs of America’s children. I believe that you think this is exces- to cover more low-income children, ac- I implore those of you who plan to sive cost, but you never said that about cording to a just-released CBS News vote to sustain the veto to reconsider the $680 billion for Iraq, no questions poll. your position. Think of how devastated asked. This poll, of course, was taken long you would be if your children and And I believe that you say that this after the American people knew ex- grandchildren had to go without basic is a taxpayer-funded government-run actly what the terms of this bill are all health care. Imagine the hopelessness health care, just like the health care about. Eighty-one percent, including a and despair you would feel in such a your kids get in the Federal Govern- large, over two-thirds majority of inde- situation. ment program. This is exactly that. pendents and including over 60 percent This is where we are today, because I believe the sincerity of your posi- of the Republicans polled, believe that when you cast your votes today, you tions; but time and again, when it we ought to move forward on this bill. either stand with our children or you came to standing up for poor kids, you Or, Madam Speaker, House Repub- stand against them. There is no in be- cut Medicaid. When it came to exces- licans can choose today to stand with tween. sive cost, you provided $680 billion for President Bush, who earlier this month Let’s vote to override the President’s the war in Iraq. And when it comes to broke his own campaign promise to ex- veto. government-funded health care, if it’s tend insurance coverage under CHIP to Mr. BARTON of Texas. Madam good enough for your kids, it’s good millions of additional low-income Speaker, I yield 1 minute to a distin- enough for Dolores Sweeney’s children. American children, low-income Amer- guished member of the Energy and Mr. HULSHOF. I continue to reserve ican children. Commerce Committee, Mr. WALDEN of my time, Madam Speaker. They can choose to stand with Presi- Oregon. Mr. DINGELL. Madam Speaker, at dent Bush, who continues to make in- Mr. WALDEN of Oregon. Madam this time I reserve my time. accurate and misleading claims about Speaker, I rise today to say that I sup- Mr. BARTON of Texas. Madam the bipartisan bill that he has vetoed; port expansion of the children’s health Speaker, I yield 1 minute to the distin- claims that have been repudiated by care program, but not in its current guished Congressman from Nebraska Senators HATCH, GRASSLEY, ROBERTS form, and here’s why. Half of the 1.2 (Mr. FORTENBERRY). and many other Republicans. million new enrollees in the expansion Mr. FORTENBERRY. Madam Speak- Let me remind my Republican col- of SCHIP under this proposal already er, I believe that every child deserves leagues, who I believe want to help have insurance, already have insur- proper health care. I support SCHIP’s children, as the gentleman who pre- ance, and that’s according to the Con- renewal with increased funding. And I ceded me said, here is what President gressional Budget Office. When it also support its expansion, but I be- Bush told the American people 3 years comes to adults, they cost 60 percent lieve it must be done in a responsible ago when he was seeking their votes more to care for than kids. This pro- manner, a manner that ensures valu- for re-election at the Republican Na- gram should be about helping expand able resources target our Nation’s most tional Convention, the President of the coverage to children whose families do vulnerable children without unneces- United States, 2004, seeking re-elec- not have access to health insurance. sarily expanding the program to those tion, promising what he would do: ‘‘In I spent 21 years in small business. I’d who do not need it. a new term, we will lead an aggressive never sign a contract that I knew I According to the Congressional Budg- effort to enroll millions of children couldn’t keep my word on. This bill is et Office, of the 4 million children who who are eligible but not signed up for unfunded after year five. In year six, would receive coverage under the cur- government health insurance pro- according to the Congressional Budget rent proposal, approximately 40 per- grams. We will not allow a lack of at- Office, this program is short about 80 cent already have private insurance. tention or information to stand be- percent. Our dialogue should focus on our chil- tween these children and the health Beyond that, if we took the million dren who are uninsurable, sick children care they need.’’ and a half adults off of this program who have exhausted private coverage, That is what President Bush said in and put them on Medicaid, which and families who cannot afford cov- 2004 when he was seeking the votes of they’re eligible to do, then that would erage for their children. Yesterday, I the American people for re-election. free up funds that could go to help introduced a measure that seeks to Yet, the President’s own proposal that kids. In fact, I think it’s about 780,000 achieve this goal. he has made this year would force adults in 2012 would still be on this pro- Congress now has the opportunity to nearly 1 million children from low-in- gram. That would fund 1,150,000 chil- engage in a productive, bipartisan dis- come families who are participating in dren who could be put on Medicaid. cussion focusing on strengthening the CHIP to be dropped from the present Mr. STARK. Madam Speaker, I am SCHIP program. CHIP program. So his proposal not delighted to recognize the distin- Mr. STARK. Madam Speaker, I am only does not add the millions that he guished gentleman from Illinois (Mr. delighted to yield 1 minute to the dis- promised to add in 2004, but it drops EMANUEL), the chairman of the Demo- tinguished majority leader, Mr. HOYER. over 830,000 children. cratic Caucus, who has a brilliant 3- Mr. HOYER. Madam Speaker, the In sharp contrast, Madam Speaker, minute speech, and I yield him 1 moment of truth has arrived. And now, through this bipartisan compromise minute in which to present it. our Republican friends have a very this Congress has done exactly what Mr. EMANUEL. Madam Speaker, Do- clear choice that they must make. the President said he would do if re- lores Sweeney, from my district, works They can stand with 10 million Amer- elected. for an insurance company that doesn’t ican kids who need, deserve and cur- The American people have heard both provide health care for her or her chil- rently are eligible for health insurance sides of this issue, and they have dis- dren. She earns a paycheck, not a wel- under the CHIP program. agreed with the President. They stand fare check. She has three children and They can stand with the bipartisan with America’s children, and so must would like to buy private health care, majorities in the House and Senate this Congress. but can’t afford to do so. who supported compromise legislation I urge my Republican colleagues, and Dolores Sweeney’s children are on to reauthorize CHIP, including 18 Re- the reason I say I urge my Republican SCHIP, and without the SCHIP pro- publican Senators and 45 House Repub- colleagues, because we believe that gram they would go without health licans. there are very few, if any, Democrats care, or she would have to go without a They can stand with the States’ Gov- who will not vote with the children job. ernors, the American Medical Associa- this day.

VerDate Aug 31 2005 23:52 Oct 18, 2007 Jkt 069060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K18OC7.019 H18OCPT1 bajohnson on PROD1PC69 with HOUSE H11740 CONGRESSIONAL RECORD — HOUSE October 18, 2007 Look at the facts. Look into your moment ago say that this bill should not go to the doctor for annual checkups or to hearts. Look beyond partisanship and be easy to reauthorize and should be receive treatment for relatively minor illnesses, politics. Look at the pictures of your done on a bipartisan basis, and, indeed, allowing easily treatable ailments to become loved ones back in your office and ask, it should. But it is not because it has serious medical emergencies. They must in- what if they were the ones today who fallen victim to politics. It is victim to stead rely on costly emergency care. This has needed health insurance? overreaching and political exploi- serious health implications for these children, Luckily, our children are covered. tation. and it creates additional financial burdens on Our children are covered. This is a program that is supposed to their families, communities, and the entire Na- be about uninsured poor children. But b 1145 tion. the President vetoed it because the ma- This year alone, 6 million children are re- But think of the millions of children jority insisted on expanding it to al- ceiving health care as a result of SCHIP. How- to whom President Bush referred to in ready insured middle-class children ever, funding for this visionary program ex- 2004 that he promised to add to this and adults. pires September 30. Congress must act now critical program. We can reform this program and keep to ensure that these millions of children can This, I suggest to all of us, is a defin- it where it is supposed to be, and then continue to receive quality, affordable health ing moment for the Congress of the we can move on to real health care re- insurance. United States. Will we, as the Found- form. In his State of the Union address As chair of the Congressional Children’s ing Fathers contemplated, exercise the this year, the President proposed an Caucus, I can think of few goals more impor- policymaking authority, or will we idea to help every uninsured American, tant than ensuring that our children have ac- once again crumble, complicit in the a proposal to end the outrageous dis- cess to health coverage. It costs us less than President’s failure to respond to the crimination by which those who have $3.50 a day to cover a child through SCHIP. views of the American public and to employer-based insurance get it with For this small sum, we can ensure that a child our children? pretax dollars but the rest, who don’t, from a working family can receive crucial pre- My friends on both sides of the aisle, have to pay more. ventative care, allowing them to be more suc- let us come together. Let us come to- We can do better for all Americans. cessful in school and in life. Without this pro- gether and do the right thing for our We can help all the uninsured. And gram, millions of children will lose health cov- children and for our Nation. Let’s over- when this veto is sustained today, as it erage, further straining our already tenuous ride the President’s unjustified veto of should be, let’s reauthorize this pro- health care safety net. this compromise, bipartisan legisla- gram, but then let’s reform health care Additionally, through this legislation, we tion. Let us ensure that 10 million low- for all the uninsured. have an opportunity to make health care even income children have the health care Mr. STARK. Madam Speaker, I would more available to America’s children. The ma- coverage they need and deserve. This like to yield for the purpose of making jority of uninsured children are currently eligi- will not be a partisan victory if we a unanimous consent request to the ble for coverage, either through SCHIP or override this veto. It will be a victory gentlewoman from Texas. through Medicaid. We must demonstrate our for our children and for the President’s (Ms. JACKSON-LEE of Texas asked commitment to identifying and enrolling these promise. and was given permission to revise and children, through both increased funding and a Vote to override this veto. Vote for extend her remarks.) campaign of concerted outreach. This legisla- Ms. JACKSON-LEE of Texas. I thank our children. tion provides States with the tools and incen- the distinguished gentleman. tives they need to reach these unenrolled chil- Mr. HULSHOF. Madam Speaker, I I proudly rise to vote to override the continue to reserve the balance of my dren without expanding the program to make President’s veto and to support 10 mil- more children eligible. time. lion children with health care. Mr. DINGELL. Madam Speaker, at In my home state of Texas, as of June Madam Speaker, as the chair of the Con- 2006, SCHIP was benefiting 293,000 children. this time I yield 1 minute to the distin- gressional Children’s Caucus, I rise to an- guished gentleman from Texas (Mr. ED- This is a decline of over 33,000 children from nounce that I will proudly cast my vote to the previous year. We must continue to work WARDS). override the President’s veto of H.R. 976, the Mr. EDWARDS. Madam Speaker, this to ensure that all eligible children can partici- ‘‘State Children’s Health Insurance Program pate in this important program. To this end, is a moment of truth for millions of (SCHIP) Authorization Act of 2007.’’ American children and the hard- Texas Governor Rick Perry signed legislation By vetoing the bipartisan SCHIP Authoriza- in June which, among other things, creates a working families who love them. With tion Act, the President vetoed the will of the this vote we can say yes to providing community outreach campaign for SCHIP. American people. By vetoing this legislation, In addition to reauthorizing and improving health care to 10 million children. the President turned a deaf ear and a blind the SCHIP program, this legislation also pro- The Children’s Health Insurance Pro- eye to the loud message sent by the American tects and improves Medicare. Due to a broken gram is pro-family and pro-work. people last November. payment formula, access to medical services You know, there has been a lot said I will vote to override the President’s veto for senior citizens and people with disabilities over the last 7 years about leaving no because I can think of few goals more impor- is currently in jeopardy. Physicians who pro- child behind. Well, today we can do tant than ensuring that our children have ac- vide health care to Medicare beneficiaries face something about it. The choice is clear: cess to health coverage. I will vote to override a 10 percent cut in their reimbursement rates A ‘‘yes’’ vote means 10 million children the President’s veto because I put the needs next year, with the prospect of further reduc- receive better health care. A ‘‘no’’ vote of America’s children first. tions in years to come looming on the horizon. will leave millions of children behind Madam Speaker, this important legislation The budget proposed by the Bush administra- without adequate health care. commits $50 billion to reauthorize and improve tion does not help these doctors, or the pa- Our children don’t need slogans. the State Children’s Health Insurance Program tients that they serve. They don’t even need good intentions. (SCHIP), and it also makes critical invest- This is extremely important legislation pro- Today, they need our vote. Today, they ments in Medicare to protect the health care viding for the health coverage of 11 million deserve our vote. available to our Nation’s senior citizens. I low-income children, as well as protecting the I would ask each Member one ques- strongly urge my colleagues to join me in vot- health services available to senior citizens and tion: If this vote meant the difference ing to override the President’s veto. persons with disabilities. President Bush was between your child or grandchild hav- Madam Speaker, SCHIP was created in wrong to veto this legislation. I stand strong ing health insurance or not, how would 1997, with broad bipartisan support, to ad- with the children of America in voting to over- you vote? How would you vote? dress the critical issue of the large numbers of ride his cruel veto. Mr. BARTON of Texas. Madam children in our country without access to Mr. STARK. Madam Speaker, I yield Speaker, I am proud to yield 1 minute health care. It serves the children of working 1 minute to the distinguished gen- to a distinguished member of the En- families who earn too much money to qualify tleman from Pennsylvania. ergy and Commerce Committee, the for Medicaid, but who either are not able to af- Mr. SESTAK. Madam Speaker, I rise gentleman from Arizona (Mr. SHAD- ford health insurance or whose parents hold today in support of a bill that I do un- EGG). jobs without health care benefits. derstand has expanded dental care and Mr. SHADEGG. Madam Speaker, I Children without health insurance often I do understand puts mental parity listened to one of my colleagues just a forgo crucial preventative treatment. They can- more on a par with physical disability.

VerDate Aug 31 2005 23:52 Oct 18, 2007 Jkt 069060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K18OC7.021 H18OCPT1 bajohnson on PROD1PC69 with HOUSE October 18, 2007 CONGRESSIONAL RECORD — HOUSE H11741 But I must rise today because that low-income children, covering an addi- of health care for our children? It number of nearly 4 million children un- tional 1.3 million American children, would be a shame and a disgrace not to insured is almost too large for me to does not raise taxes, and is fully fund- take care of the little children. comprehend that we haven’t done ed. This is the kind of legislation we We must take care of the children. something before, based upon when my should be debating instead of con- ‘‘Suffer the little children.’’ They need daughter, struck with a malignant tinuing this senseless stalemate that our help and they need it now. Override brain tumor and given 3 to 9 months to uses children as political pawns. this veto. live at age of 4, and you all provided I urge my colleagues to vote against Mr. HULSHOF. Madam Speaker, I re- me, as a 31-year military veteran, with this veto override, and more impor- serve the balance of my time. the opportunity for her to live. tantly, I urge my colleagues to quickly Mr. DINGELL. Madam Speaker, I But what I was most struck by was compromise on this important issue yield 1 minute to the distinguished her roommate when she began her and ensure that low-income American gentlewoman from New Hampshire chemotherapy. A young 21⁄2-year-old children have health care coverage. (Ms. SHEA-PORTER). boy, where we listened and could not Mr. DINGELL. Madam Speaker, I Ms. SHEA-PORTER. Madam Speak- help in that small room hear social would just note that my good Repub- er, as Senator GRASSLEY wrote in a let- workers come and go for 6 hours as lican colleagues have ignored one fact ter to The Washington Post, it’s fine to they tried to determine whether that that is important, and that is that have a philosophical debate over the young boy, struck with acute leu- every time that there is an inclusion of merits of this program, but opponents kemia, whose parents did not have anybody over the level of 200 percent of should be intellectually honest about health care, would have the same op- poverty, it is on an express waiver what the bill does and does not do. portunity as you gave my daughter; granted by the Republican White Despite this, the President and a few that this Nation gave them the time House. supporters are still clinging to a series for not just quality of life but for life. Madam Speaker, I reserve the bal- of distortions and spin to try to mis- I rise in support of this bill to give ance of my time. lead the public. The President keeps Mr. BARTON of Texas. Madam all children what you gave me as a talking about families earning as much Speaker, I would like to yield 1 minute member of the Armed Forces. as $83,000. If this were true, I would to the distinguished member of the En- Mr. HULSHOF. Madam Speaker, I am have voted against this program. And ergy and Commerce Committee, Dr. pleased to yield 2 minutes to an indi- as for the exception for New Jersey, BURGESS of Denton, Texas. the $72,000 was requested by a Repub- vidual who is now the ranking member Mr. BURGESS. I thank the gen- lican Governor and approved by Presi- of the Health Subcommittee, who also tleman for yielding. helped create the Children’s Health In- Madam Speaker, I come to the floor dent Bush’s administration. Some of surance Program back in 1997, the gen- of the House today to say that I sup- the President’s supporters have tleman from Michigan (Mr. CAMP). port the reauthorization of the State claimed we didn’t provide a way to pay Mr. CAMP of Michigan. I thank the Children’s Health Insurance Program. for this bill, but we did. As Americans, gentleman for yielding. It’s a good program that deserves to be we want our children to be healthy and First, I would like to make one point reauthorized. I wasn’t here when it was productive. perfectly clear: Republicans support first passed in 1997, but I believe in the The irony did not escape me that health care for low-income children. original intent of this program. while the President was attacking Second, I want to address something Madam Speaker, I believe it is crit- SCHIP, I was sitting in a hearing of the that was said on the floor the last time ical to focus on the most important re- Armed Services Committee, of which I we considered this issue. It was said cipients of this program: That’s the am a member. The topic was waste and that failing to cast a ‘‘yea’’ vote would poor children, poor kids first. fraud in Iraq, billions of dollars. Like I give new meaning to the phrase ‘‘suffer Madam Speaker, this debate is not said, the irony did not escape me, and the little children.’’ However, it’s the about money; it is about freedom. And it did not escape most Americans. failure of this legislation to refocus it is also critical to remember to focus We must override this veto. benefits on low-income children that on what is necessary to do to cover the PARLIAMENTARY INQUIRY gives new meaning to the phrase ‘‘suf- poor kids. And every opportunity for Mr. BARTON of Texas. Madam fer the little children.’’ expansion, every opportunity for ex- Speaker, I have a parliamentary in- If, as the verse continues, it is to pansion based on income set-asides, ex- quiry. these children ‘‘that the Kingdom of panding covering adults, expanding The SPEAKER pro tempore. The gen- God belongs,’’ then why is this chil- covering people in the country without tleman will state his inquiry. dren’s program failing to serve so the benefit of a Social Security num- Mr. BARTON of Texas. Madam many children? How is it that in my ber, every time we expand the benefit, Speaker, is it acceptable under the rule home State of Michigan 87,000 eligible we limit the benefit for the poor and that we are operating under, as long as children don’t have health care while the near poor, the initial population we control time, to recognize a Member 39,000 adults are in the program? that we were supposed to be covering. more than once as long as you control How is it that in Minnesota 87 per- We can’t cover those other populations the time? cent of the enrollees in this children’s at the expense of people that we are re- The SPEAKER pro tempore. Recogni- program are adults? quired to take care of. tion is within the discretion of the How is it that this low-income pro- Finding more of the truly eligible Chair. gram is covering families in New Jer- children is hard work. It’s hard work, Mr. BARTON of Texas. I’m not sure I sey making more than $70,000 a year? but it’s the right thing to do. Hard understand. Let me rephrase my ques- No wonder New York wanted to go over work first. It is the right thing to do. tion. $80,000. Mr. STARK. Madam Speaker, I am The SPEAKER pro tempore. Is the Ladies and gentlemen, the answer to pleased to yield 1 minute to the distin- gentleman seeking to have another these questions is clear. The majority guished member of the Ways and Member recognized that has already does not want a low-income children’s Means Committee, the gentleman from spoken? plan. They want what Hillary Clinton Georgia (Mr. LEWIS). Mr. BARTON of Texas. I want to rec- called for in 1994, the first step towards Mr. LEWIS of Georgia. Madam ognize myself now and then recognize nationalized, government-run, con- Speaker, today we must override the myself later in the debate, because my trolled health care. President’s veto because it is the right speakers aren’t here. Is that accept- We should not be diluting this chil- thing to do for our children. able, Madam Speaker? dren’s program, and we should not be We have a mission, an obligation, and The SPEAKER pro tempore. In con- diverting money away from these low- a mandate to provide health insurance trolling time the gentleman may speak income kids. for all of the children and override the more than once and may yield to an- I am proud to have offered yesterday President’s veto. other more than once. the Kids First Act, a bill that would re- We can spend millions and billions of Mr. BARTON of Texas. Madam turn this program to its roots, insuring dollars on war, but we cannot take care Speaker, I yield myself 1 minute.

VerDate Aug 31 2005 23:52 Oct 18, 2007 Jkt 069060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K18OC7.025 H18OCPT1 bajohnson on PROD1PC69 with HOUSE H11742 CONGRESSIONAL RECORD — HOUSE October 18, 2007 Madam Speaker, one of the things who would suggest the administration Mr. BARTON of Texas. Madam that has been talked about in this de- has approved unwise waivers in the Speaker, I just have two speakers left, bate is that the pending bill before us past. But even this administration has the distinguished minority leader and does not allow illegal aliens to receive indicated to a particular Governor that myself. I’m prepared to do the mini- benefits, and there is a section in the before we allow this waiver to occur, in close. I assume that Ms. PELOSI is bill, section 605 that says that. But it the instance of New Jersey, so many going to close for the majority, so has no enforcement. And in another additional enrollees would have to we’re kind of in a holding pattern here. part of the bill the requirement for meet the intent of the SCHIP program, The SPEAKER pro tempore. The citizenship verification is repealed, and to which the Governor said, ‘‘I don’t Chair will recognize for closing speech- the substitution for that is a require- have to abide by that.’’ And I find that es in the reverse order of opening: Mr. ment that a beneficiary or potential a bit difficult to swallow as we then HULSHOF, Mr. STARK, Mr. BARTON, and beneficiary simply show a Social Secu- discuss whether this should be the law then Mr. DINGELL. rity number. of the land. Mr. DINGELL. Madam Speaker, I I am now pleased to yield 1 minute to would observe that here we have three b 1200 the distinguished gentleman from speakers before we’re prepared to close. And as we all know, there are mil- Texas (Mr. HENSARLING). And if you would permit, Madam lions of fraudulent Social Security Mr. HENSARLING. I thank the gen- Speaker, the Speaker, Ms. PELOSI, will numbers floating around. So when we tleman for yielding. close for us. actually do get down to negotiating Ten years ago, a Republican Congress Madam Speaker, at this time, I’m de- the conference after this veto is sus- created SCHIP to provide health insur- lighted to yield 1 minute to the distin- tained, I hope that my friends in the ance benefits to children who are unin- guished gentleman from North Caro- majority will work with us in the mi- sured, who are Americans, and whose lina (Mr. SHULER). nority to make sure that illegal aliens parents represent the working poor. Mr. SHULER. I thank the distin- do not get benefits and that we have Yet today, once again, this Democrat guished gentleman. the appropriate enforcement mecha- Congress will try to do something else, Madam Speaker, every night when nism in the bill that we send to the and that is, give these same benefits to we sit down, we talk to our children, President. adults, to illegal immigrants, to those we say our prayers, my wife and I, we With that, I reserve the balance of who are already insured, and to some thank God for the many blessings He my time. of the wealthiest among us. These are has bestowed upon us, some of those Mr. STARK. Madam Speaker, I am the facts. blessings that we don’t even recognize delighted to recognize a member of the Although the program was designed so much every single day, like having Ways and Means Committee, the dis- for those up to 200 percent of poverty, health care for our children. But there we know today there are families of up tinguished lady from Nevada (Ms. are children and parents every day for to $82,000 of income receiving these BERKLEY) for 1 minute. whom that is a constant reminder. Ms. BERKLEY. I thank the gen- benefits. Although the program was de- And here we have questions about tleman for yielding. signed for children, we know almost 20 what is important, how many children States now serve more adults than Madam Speaker, coming from a will it be. My children, age three and children. Although the program was State with one of the highest percent- six, they talk about and they pray that designed for Americans, the Democrats ages of uninsured children, I know how God will bless all children. We talk strip out proof-of-citizenship measures. important it is that we succeed in over- about, across the aisle, I am pro-life. And although the program was de- riding the President’s veto today. My distinguished colleagues across the signed for the uninsured, CBO said this I think it’s absolutely shameful that aisle talk about being pro-life. It is will have the effect of taking 2 million in the United States of America, in the time they start being pro-life today off and putting them on a government 21st century, in a country of such great and start by overriding this veto. abundance, we have to override a Presi- insurance program. That is wrong. Mr. STARK. Madam Speaker, at this Mr. DINGELL. Madam Speaker, at dential veto to provide essential health time, I am delighted to recognize the this time, I yield 1 minute to the dis- care to kids from lower-income, hard- tinguished gentleman from Texas (Mr. gentlelady from Arizona (Ms. GIF- working American families. GENE GREEN). FORDS) for 1 minute. Passage of this bill is essential to en- Ms. GIFFORDS. Madam Speaker, I Mr. GENE GREEN of Texas. I thank sure continued coverage for the more rise today on behalf of the 179,000 chil- the Chair of our Energy and Commerce than 30,000 kids currently receiving dren in the State of Arizona who need Committee. their health care by the SCHIP pro- Congress to stand up for them. Madam Speaker, we have a health gram in Nevada. And the bill will also Ten million American children need care crisis in our country. And the enable Nevada to reach out to the near- SCHIP, known as KidsCare in my home President vetoing the SCHIP bill has ly 70,000 children currently eligible who State of Arizona, because it changes made bad policy based on bad informa- remain uninsured and not in the pro- their lives. For example, when Collin tion. We’ve heard it from the floor gram because of a lack of funding. Bollinger was born, his mother, Sherry, today from the minority. I urge my colleagues to vote to over- did not have health insurance. Sherry The President should know we target ride this veto. It’s a shame that he ve- was gainfully employed, but she could low-income children below 200 percent toed this bill in the first place. not afford her company’s high insur- of poverty. The President should know Mr. HULSHOF. Before yielding to my ance premiums and did not qualify for that we focus SCHIP on children and friend from Texas, I yield myself such Medicaid. After Collin’s second birth- phase out parents and childless adults time as I may consume to respond to a day and a series of ear infections, Sher- that were allowed by this administra- previous speaker, the gentlelady from ry scraped and borrowed enough money tion to be covered. The President New Hampshire, who said that she for private insurance to cover Collin at should know that the bill covers 4 mil- would have voted against the original the high cost of $150 per month. At lion children who are eligible for bill had she known or had she believed times, Sherry chose her son’s health SCHIP but not enrolled. The President that, in fact, a family of four making care over paying the rent and having a should know that we do not cover ille- $80,000 would qualify their children. full dinner. gal alien children. It’s frustrating, Well, in fact, I would point the Then she discovered the KidsCare when we have a health care crisis in gentlelady to section 114, subparagraph program; her premiums then fell by 90 our country, that we can’t cover the A of the bill that allows income dis- percent per month. With the money children. regards. that Sherry saved, she could even af- When the White House asked Con- And I would say to the distinguished ford her own health insurance. Now gress just recently for a special $190 chairman of the Energy and Commerce Collin is a straight A student. He plays billion for the war in Iraq, over and Committee, who pointed out that, yes, football at Cienega High School and above the hundreds of billions we’ve al- it was the administration that granted leads a happy and healthy life. His ready spent, why can’t we find much the waiver, there are some on this side mother credits KidsCare. less than that for covering 10 million

VerDate Aug 31 2005 23:52 Oct 18, 2007 Jkt 069060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K18OC7.028 H18OCPT1 bajohnson on PROD1PC69 with HOUSE October 18, 2007 CONGRESSIONAL RECORD — HOUSE H11743 low-income children, parents who are die in a war and spend $200 billion, Now, that is only the sixth time in working in this country? we’re going to shuffle on, calling things history that we know of that a veto has We have a health care crisis, and the ‘‘socialism,’’ Madam Speaker. And not been brought to the floor imme- Republican minority and the President we’re going to talk about if we only diately on the President’s veto. The re- have turned their back on that crisis, had a chance to do this a little better sult is going to be that when we get to especially to the children. to make sure that illegal aliens were the vote in the next hour or so, the Mr. Speaker we have a health care crisis in treated a little less fairly than they are next 30 minutes or so, the President’s our country. In vetoing our SCHIP bill, the now, we might vote for it. It’s too bad. veto will be sustained. Then, hopefully, President has invoked a bad policy based on It’s too bad they’re voting to harm we will have the real bipartisan nego- bad information. children for a bunch of really petty tiations that should have started 6 or 7 The President should know we target low-in- grievances that they have in the mi- months ago. come children below 200 percent of poverty. nority. I hope they will change their It is interesting to me that we are The President should know we focus SCHIP minds and vote to override the veto. still having a misunderstanding about on children, and phase out parents and child- Mr. HULSHOF. Madam Speaker, I the basic facts. And the reason is, we less adults that were allowed by his adminis- yield myself 11⁄2 minutes. have never had a legislative hearing in tration. With all respect, Madam Speaker, I either the Ways and Means Committee The President should know the bill covers 4 don’t need to be lectured to by a Mem- or the Energy and Commerce Com- million children who are eligible for SCHIP but ber who did not even support the origi- mittee. We have not had a sub- not enrolled. nal Children’s Health Insurance Pro- committee markup in either of the ju- The President should know this does not gram. risdictional committees. And we really cover undocumented children. Under the The fact is that we reached com- didn’t have a markup at full com- President’s proposal, 6 million of our children promise 10 years ago. And I recognize mittee, because the original bill for eligible for SCHIP would remain without health that the chairman of the Health Sub- SCHIP was a 500-page mammoth bill insurance. committee can ram through a bill that we got at midnight the day before And, an additional 700,000 children cur- when you’ve got the votes, as the origi- it was supposed to be marked up in the rently in the program would join them in the nal bill was done, without any input case of the Energy and Commerce Com- ranks of the uninsured. from anybody else, that it’s my way or mittee. If the President is so concerned about the highway. And I recognize that But once we do sustain the Presi- adults and middle income families in the when you have the votes, that’s one dent’s veto, we are going to have these SCHIP program, he should sign this bill which way you can try to enact legislation. negotiations I hope. And first we are effectively addresses those concerns. So my question still stands, after going to talk about the kids. Both America’s low-income children shouldn’t suf- sides are talking about the kids. Well, fer because the President can’t get his facts this veto is sustained, Do you want the politics or do you want the policy? I here are the facts. Under current law, straight. every child in America who is below 100 More than 8 in 10 Americans support this hope the latter. Because I guarantee percent of poverty is covered by Med- legislation to expand SCHIP for children. you we can have a meeting of the When the White House asks Congress for a minds. icaid. Both parties support that. Under special $190 billion for the war in Iraq, over Mr. CAMP and I, Mr. BOUSTANY, in current law, every child in America and above hundreds of billions already spent fact, introduced the Kids First Act who lives in a family between 100 and why can’t they find much less to cover 10 mil- that would reauthorize this program. 200 percent of poverty is covered by lion low-income children. It’s similar to the alternative in the SCHIP if they will sign up. Now, there This is the people’s House, and it is our Senate that would increase State allot- are some children and families that duty to override this veto and listen to the ments by $14 billion over the next 5 won’t sign up. In Dallas, Texas, I am American people. years, that would allow 1.3 million new told that only 33 percent of the eligible Mr. STARK. Madam Speaker, I yield low-income children to be covered, SCHIP children are actually in an myself 1 minute. that reimburses States at their Med- SCHIP program. That is a travesty. We I hope that we can find, as we close icaid matching rate, fully offsets the ought to do something together to today and we come to this vote, enough bill without raising taxes, bolsters cur- reach out to those children and those people on both sides of the aisle who rent provisions to provide premium as- families to make sure that they either will vote to override the veto. It sistance to kids who have access to pri- have SCHIP coverage or private insur- doesn’t make much sense. There is no vate coverage so that we can better co- ance, that they have something. We cost, there are no illegal aliens, there ordinate public and private programs can work together on that on a bipar- are no rich people, unless the Repub- to prevent the crowding-out effect. tisan basis. licans choose to make it possible for So once this political effort is done, I Now, once you get above 200 percent them. It’s a bill that is paid for, unlike hope we can have a meeting of the of poverty, we have a difference of the war, which the Republicans don’t minds. opinion. The original House bill said go mention. Mr. DINGELL. Madam Speaker, at to 400 percent of poverty. That bill is What are you going to do for that 200 this time I reserve my time. I have one dead. The bill before us goes to 300 per- or 300 billion bucks, folks, that you’re more speaker and then the Speaker cent. It is a legitimate policy argu- spending to kill these kids when they who will be closing for us. ment: If you want to go above and ex- grow up? You can’t answer that, can Mr. BARTON of Texas. Madam pand the program, how much do you you? You look at your shoes, look up Speaker, I yield myself 4 minutes. expand it above 200 percent? Do you go here, you don’t know. (Mr. BARTON of Texas asked and to 300 percent? Do you go to 250 per- So you don’t even want to talk about was given permission to revise and ex- cent? The Republican alternative is, $200 or $300 billion to kill innocent tend his remarks.) let’s cover the lowest income kids first. Iraqis and young men and women. Once we get 90 percent of those kids b 1215 There is no Member of this House that covered below 200 percent of poverty, has an enlisted child over there. There Mr. BARTON of Texas. Madam let’s let States go to 250 percent. That is no risk for you guys. Speaker, what we have today is a clas- is the Barton-Deal alternative that we The SPEAKER pro tempore. The gen- sic case of a Washington, DC, noninter- have the discharge petition on. But tleman’s time has expired. secting conversation. Since the Presi- that is a legitimate policy argument. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE dent vetoed this bill several weeks ago, Now, let’s talk about illegal aliens. The SPEAKER pro tempore. Mem- my friends on the majority side have Under current law, you are not sup- bers are reminded to address their re- spent 2 weeks encouraging outside posed to cover a child of an illegal marks to the Chair. groups and perhaps their political arm, alien. But they are covered because Mr. STARK. I yield myself an addi- I am not sure about that, to spend mil- there is no verification enforcement tional 30 seconds. lions of dollars in television and radio system. In the pending bill, they have The fact that we don’t want to talk ads bombarding targeted Republicans section 605 that says no benefit shall go about killing children that we send to to get them to change their vote. to children of illegal aliens. But that is

VerDate Aug 31 2005 23:52 Oct 18, 2007 Jkt 069060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K18OC7.034 H18OCPT1 bajohnson on PROD1PC69 with HOUSE H11744 CONGRESSIONAL RECORD — HOUSE October 18, 2007 all it says. There is no enforcement families with incomes too high to be eligible authorization of the SCHIP program. Now, it’s mechanism. There is no enforcement for SCHIP coverage today. true that writing a solid, bipartisan bill will not mechanism. That is something we can In fact, the Congressional Budget Office give the Democrats the ‘‘political victory’’ that work on in the conference. That is projects that H.R. 976 will lead to over 1.2 mil- they are hoping for, but that’s the price that something we can work on together to lion new enrollees will be added to SCHIP as Democrats will have to pay. Given that mil- really put some enforcement to make a result of an ‘‘expansion of SCHIP and Med- lions of needy children are depending on us, sure that SCHIP benefits are for citi- icaid eligibility to new populations.’’ This it doesn’t seem like a big price. zens and legal residents. We can work means that these 1.2 million children live in I am ready to start today to sit down with on that. families whose incomes are too high to qualify the Majority and reach a compromise bill so Let’s vote to sustain the President’s for the current SCHIP program. On the other we can reauthorize this program expeditiously. veto, and then let’s work together to hand, CBO projects that only 800,000 cur- Short 6-week extensions are irresponsible. We get a program that really is for the rently SCHIP eligible kids will be enrolled as a can and should come up with a compromise kids, not for adults, that really is for result of H.R. 976. This means that 50 percent that can be signed into law and that ensures citizens, and that we can afford. more higher-income kids will be enrolled than that low income children continue to have ac- Well, Madam Speaker, there they go again. currently SCHIP eligible kids. cess to the SCHIP program. We should not Once again, we are being forced by the And who will be paying for this expansion of drag this political process out any longer than Democratic Leadership of the House to vote SCHIP eligibility to higher-income families? today. Let us dispense with politics and com- on a bill that exists almost exclusively to help Well, according to the Congressional Re- mence with legislating. Democrats score political points against the search Service, the vast majority of the $70 Here’s a way that will get me to call the President. billion in additional tobacco tax revenues will President and urge him to sign up fast. We’re going to sustain the President’s veto come from low-income families. In fact, the Require that States find and enroll 90 per- today, and we’re going to do it because the Congressional Research Service said that to- cent of the kids under 200 percent of the Fed- President did the right thing by vetoing this bacco taxes are ‘‘the most regressive of the eral Poverty Level before they go looking for poorly written expansion of federalized health federal taxes.’’ more people with higher incomes. care that leaves the poorest kids behind. Any- So, with H.R. 976, the Democrats really are States should be free to spend their own body who cares about needy children can vote taxing the poor in order to give to the rich. money, of course, but Federal taxpayers in 49 against this bad bill proudly. In their defense, I guess it is difficult for the States shouldn’t be made to subsidize the I’m both proud and concerned that Repub- Democratic Leadership to know exactly what health care premiums for one State making licans had no part in writing this legislation. is in their own bill since it has neither been $80,000 a year. Proud because this bill is an embarrassment. subject to a single legislative hearing nor No adults except pregnant women, please. Concerned because we’re all supposed to be conferenced by the House and the Senate. No more childless couples and, beginning in legislating on behalf of children, and as every- Madam Speaker, I wonder if someone can 2009, and Medicaid-eligible adults should body knows, no Republican Member of this explain to me why the Democratic Leadership move to Medicaid. House was even asked for an opinion, much decided to wait until just days before SCHIP Let’s preserve the requirement that States less invited to participate in writing the Demo- expires to bring their reauthorization to the document the citizenship and identity of Med- cratic SCHIP bill. House floor. We have known for well over 10 icaid applicants. Just writing down a Social I don’t even think the Democrats who wrote years that the current SCHIP authorization Security number doesn’t make you a citizen. it understand what they’ve done. I challenge would expire on September 30, 2007, and the A bipartisan effort could pass this bill in a the supporters of this bill to look people in the Democratic Leadership in the House and the week, and doing so would make sense to poor eye and say that they understand all of the Senate have known since early November of kids, their families and nearly everybody out- provisions that are actually in this bill. Be- 2006 that they would be in charge of actually side the Democratic Congressional Campaign cause I have some questions for you. producing a bill to reauthorize this vital health Committee. Madam Speaker, it would be a compliment care program for low-income, uninsured chil- Mr. HULSHOF. Madam Speaker, I to say that the so-called process which pro- dren. Yet, here they were, a full 10 months yield the balance of my time to the duced this bill is an abuse of our democratic later, jamming a bill through the House with ranking member of the Ways and system of Government. It was so much worse fewer than three legislative days before the Means Committee, my good friend, the than garden-variety abuse. It was pathetic. entire program expires and children’s health gentleman from Louisiana. Yet, I’m sure that some will show up here with care stops. The SPEAKER pro tempore. The gen- a handful of talking points from your Demo- Well, Madam Speaker, I was not sent here tleman from Louisiana is recognized cratic staffers who actually constructed this by the 6th District of Texas to be quiet and do for 11⁄2 minutes. legislation, and you will explain to us that it is what the gentle lady from San Francisco in- Mr. MCCRERY. I thank the gen- not an abomination at all, but a wondrous tri- structs me to do. I was sent here to represent tleman for yielding. umph of bipartisanship. my constituents’ best interests and I demand Madam Speaker, I have with me, I Give me the name of one Republican in the the ability to do what I have sworn to do. am going to submit this for inclusion entire House of Representatives who directly We all know that the President promised to in the RECORD, a page from a report participated in these discussions. Name just veto this version of the bill, so why did we from the Congressional Budget Office one. waste precious time on a bill that we all know that we received last night. This one I know that the authors of this bill certainly didn’t stand a chance of ever becoming law? page puts the lie to the assertion that did not consult with either Mr. DEAL or myself, While we are down here on the floor partici- this bill is paid for, at least in any I know that they have not included any Mem- pating in this Theatre of the Absurd, the terms that a reasonable person would bers of the Republican Leadership in the Democratic Leadership is in the back rooms agree that the bill is actually paid for. House; and I’m not aware of a single Repub- trying to figure how they will extend the SCHIP What this sheet says, in 2012, under the lican Member of the Energy and Commerce program for another 6 months or a year. We March 2007 baseline, CBO estimated 3.3 Committee or the Ways and Means Com- all know this to be a fact, but I guess the million people, not just children, 3.3 mittee being invited to participate in this proc- Democrats want to pick a fight with the presi- million people would be covered. Under ess. dent so they can pretend that he is against the President’s proposal, in his budget, And although we were excluded from the children, and only then will they permit every- CBO estimated 4 million people would negotiations and the Democratic Leadership body to do the right thing and extend SCHIP. be covered in 2012. If the current pro- has repeatedly refused to hold a legislative Madam Speaker, I’m sorry it’s come to this. gram with all the exceptions and waiv- hearing on this bill, we have learned a few The pettiness of this transparent political strat- ers were continued, CBO says that in facts from the official projections produced by egy to damage and weaken the president is a 2012, 5.3 million children will be cov- the Congressional Budget Office, and from new low. ered. CBO says under the bill on the what I’ve read, this bill isn’t something that I I’d hoped that we would not engage in this floor in 2012, 7.8 million people would could ever support. game, and it’s still not too late to stop it. We be covered. But then they say, in 2017, For example, we know that the vast majority could start debating how to best extend the 5 years later, under the President’s of the people added to the SCHIP program SCHIP program so that we can actually do the budget, 2.9 million people would be cov- under the Democrats’ bill will either already job people sent us here to do. We still have ered. Under the current program, with have private health insurance or they live in a chance to write a responsible, long-term re- all the exceptions and waivers, 5.6, and

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2008 2012 2017

March 2007 Baseline 3 ...... 4.1 3.3 2.1 President’s FY 2008 Budget 4 ...... 4.9 4.0 2.9 Maintain current programs 5 ...... 5.0 5.3 5.6 H.R. 976, CHIPRA 6 ...... NA 7.8 1.3 1 The figures in this table include the program’s adult enrollees, who account for less than 10 percent of total SCHIP enrollment. These figures represent the average number of individuals who could be covered in a typical month. The total number of individuals enrolled at any time during the year would be about 170 percent of these figures. These figures do not include enrollment in the U.S. territories. 2 These enrollment figures are for SCHIP only. Relative to the baseline, the President’s proposal and maintaining current programs would reduce Medicaid enrollment by shifting some children to SCHIP. In 2012, CHIPRA would also shift some children from Medicaid to SCHIP; however, in 2017 the reduced SCHIP funding levels under an extrapolation of CHIPRA would cause a shift in children from SCHIP to Medicaid. CHIPRA would increase Medicaid enrollment overall by providing financial incentives to states to enroll additional children. 3 Title XXI of the Social Security Act authorizes SCHIP through 2007. Consistent with statutory guidelines, CBO assumes in its baseline spending projections that funding for the program in later years will continue at its 2007 level of $5.0 billion. 4 The Administration proposes funding of $5.0 billion in 2008, $5.3 billion in 2009, and $6.5 billion in each of fiscal years 2010 through 2012. 5 Assumes increases in funding sufficient to account for increases in health spending per enrollee and the projected number of enrollees (due both to population growth and increases in the number of uninsured). Also assumes no change in eligibility rules or benefit packages after 2008. 6 CHIPRA authorizes SCHIP through 2012. For budget scoring purposes CBO has projected spending under CHIPRA through 2017, based on the funding level at the end of 2012—an allotment of $3.5 billion per year. The 2017 enrollment figures shown there reflect that extrapolation. Note: SCHIP = the State Children’s Health Insurance Program, CHIPRA = the Children’s Health Insurance Program Reauthorization Act of 2007, as cleared by the Congress on September 27, 2007.

Mr. STARK. Madam Speaker, I would working families of this country first. I think the President vetoed this bill like to recognize the gentlewoman Let us override this veto. because, frankly, I think the majority from Colorado for 1 minute. Mr. BARTON of Texas. Madam sent it to him to ensure that it was ve- And pending that recognition, I Speaker, I want to yield our last toed. There were no conversations in would just like to point out that under minute to the distinguished minority this House between Democrats and Re- the Republican plan, by 2017 we prob- leader from the State of the current publicans on what this bill would ever ably will have killed 20,000 soldiers in number one college football team in look like. I don’t think there was ever Iraq spending $200 billion. the country, Ohio State, Mr. BOEHNER any intention that this bill be sent to Mr. BARTON of Texas. Madam of Ohio. the White House to be signed into law. Speaker, I ask that the gentleman’s Mr. BOEHNER. Madam Speaker, I It is a point that I have made here words be taken down. am disappointed that we have reached before, and I am going to make it this point. I think all of us know that b 1230 again: the American people are tired of Democrats want to renew the SCHIP all the political games. They want us The SPEAKER pro tempore. The program and Republicans want to Clerk will report the words. to find some way to work together to renew the SCHIP program. We haven’t resolve our differences and to help The Clerk read as follows: been afforded the opportunity to sit ‘‘I would just like to point out that move America forward. What we have down and work together to resolve the seen over the last several months on under the Republican plan, by 2017 we differences we might have in order to probably will have killed 20,000 soldiers this bill, and especially the last two keep this important program alive and weeks, is an example of the political in Iraq spending $200 billion.’’ available to children in America who The SPEAKER pro tempore. The games that the American people are deserve and need good health care cov- tired of. words do not descend to personality erage. I hope that that opportunity to within the meaning of rule XVII. Nor sit down and work together comes Madam Speaker, when you begin to do they engage in such inflammatory today after this vote. look at Congress’s approval ratings, it rhetoric as might otherwise breach de- In 1997, Republicans and Democrats shouldn’t come to anyone’s surprise in corum. worked together to create the State this Chamber that they are very low. The words are not out of order. Children’s Health Insurance Program. And why are they low? Because I think The gentleman from California may We worked to ensure that low-income Americans are tired of the rhetoric, proceed. children without health insurance they are tired of the political games, Mr. STARK. Madam Speaker, I yield come first. But I think all of us know and they want us to find some way to the balance of my time to the gentle- that is not what has happened. work together to address their needs woman from Colorado (Ms. DEGETTE). Today, there are 500,000 eligible low- and their concerns. The SPEAKER pro tempore. The gen- income children for this program who Two weeks ago, when the President tlewoman from Colorado is recognized are not covered. Yet there are some vetoed this bill because we didn’t put for 1 minute. 700,000 adults around America who are poor children first, we could have had Ms. DEGETTE. Madam Speaker, I covered under the Children’s Health In- this vote right then and there. We stand with the 81 percent of Americans surance Program. I think the numbers could have had the override vote. Then who support this bipartisan com- speak for themselves. In Minnesota, 87 we could have sat down and begun to promise bill that gives health care to percent of the people on the Children’s resolve our differences. By now we 10 million poor children in this coun- Health Insurance Program are adults. could have had them resolved and we try. It builds upon the strong founda- In Wisconsin, 66 percent of the people could actually be here today on a new tion of SCHIP and covers almost 4 mil- on the Children’s Health Insurance bill that makes sure that the poor chil- lion additional children. Program are adults. dren who don’t have health insurance You can use whatever words you Madam Speaker, what we have been actually get it. want to talk about this bill, but here’s working towards is trying to find a way Madam Speaker, what I would say to the truth and here are the real facts: to say that we ought to insure poor all of my colleagues is that I would the bill does not cover adults, the bill children first. I know States have all hope that the political games will does not cover people who are here ille- kinds of ideas about how to expand this come to an end. gally, and it does not cover the program, but let’s not let this become wealthy. It is fully paid for. another Washington program that On behalf of House Republicans, I We in Congress should hang our starts with one principle in mind and again extend this invitation to all of heads in shame if the wealthiest coun- then becomes something for everyone. you: let’s sit down and work together try in the world refuses to provide Why can’t we refocus the program to in a bipartisan manner to resolve our basic health care to the children of our ensure that we help those poor children differences. Secondly, let’s make sure land. Let us rekindle the bipartisan who do not have health insurance be- that we put poor children first. spirit of the past and join together to fore we get into insuring adults and Mr. DINGELL. Madam Speaker, be- reauthorize the State Children’s Health people beyond the low-income folks fore I yield to our Speaker to close, I Insurance Program. Let us put the that we are trying to help? yield myself 30 seconds.

VerDate Aug 31 2005 00:34 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K18OC7.039 H18OCPT1 bajohnson on PROD1PC69 with HOUSE H11746 CONGRESSIONAL RECORD — HOUSE October 18, 2007 Madam Speaker, I will submit for the million more children than the admin- Medicaid by 1.3 million in 2012 relative to the RECORD a letter from Peter Orszag, Di- istration’s proposal. baseline. Second, as indicated in footnote 6 of the enclosed table, CHIPRA authorizes rector of the Congressional Budget Of- CONGRESSIONAL BUDGET OFFICE, SCHIP only through 2012, and the figures for fice. That office notes several things. Washington, DC, October 18, 2007. 2017 are therefore based on an extrapolation Hon. JOHN D. DINGELL, First of all, one, this bill actually saves of CHIPRA beyond the legislation’s author- Chairman, Committee on Energy and Commerce, money for the Treasury; two, it is fis- ization window. Under that extrapolation of House of Representatives, Washington, DC. cally responsible; three, it is fully paid CHIPRA through 2017, SCHIP and Medicaid DEAR MR. CHAIRMAN: In response to ques- for. tions that we have been asked about the en- enrollment combined would rise relative to The bill also covers approximately 10 closed enrollment table that CBO circulated the baseline. million children in 2012, but it author- yesterday regarding the State Children’s If you have any further questions, please feel free to contact Keith Fontenot at 226– izes that only through 2012. In my Re- Health Insurance Program (SCHIP), two points are worth noting. First, as indicated 2800. publican colleague’s comparison with in footnote 2 of the table, the enrollment fig- Sincerely, events in the year 2017, those compari- ures are for SCHIP only. The Children’s PETER R. ORSZAG, sons are both impossible and bogus. I Health Insurance Program Reauthorization Director. would note that the legislation covers 4 Act (CHIPRA) would also raise enrollment in Enclosure. CBO PROJECTIONS OF SCHIP AVERAGE MONTHLY ENROLLMENT (BY FISCAL YEAR, IN MILLIONS) 12

2008 2012 2017

March 2007 Baseline 3 ...... 4.1 3.3 2.1 President’s FY 2008 Budget 4 ...... 4.9 4.0 2.9 Maintain current programs 5 ...... 5.0 5.3 5.6 H.R. 976, CHIPRA 6 ...... not available 7.8 1.3 1 The figures in this table include the program’s adult enrollees, who account for less than 10 percent of total SCHIP enrollment. These figures represent the average number of individuals who could be covered in a typical month. The total number of individuals enrolled at any time during the year would be about 170 percent of these figures. These figures do not include enrollment in the U.S. territories. 2 These enrollment figures are for SCHIP only. Relative to the baseline, the President’s proposal and maintaining current programs would reduce Medicaid enrollment by shifting some children to SCHIP. In 2012, CHIPRA would also shift some children from Medicaid to SCHIP; however, in 2017 the reduced SCHIP funding levels under an extrapolation of CHIPRA would cause a shift in children from SCHIP to Medicaid. CHIPRA would increase Medicaid enrollment overall by providing financial incentives to states to enroll additional children. 3 Title XXI of the Social Security Act authorizes SCHIP through 2007. Consistent with statutory guidelines, CBO assumes in its baseline spending projections that funding for the program in later years will continue at its 2007 level of $5.0 billion. 4 The Administration proposes funding of $5.0 billion in 2008, $5.3 billion in 2009, and $6.5 billion in each of fiscal years 2010 through 2012. 5 Assumes increases in funding sufficient to account for increases in health spending per enrollee and the projected number of enrollees (due both to population growth and increases in the number of uninsured). Also assumes no change in eligibility rules or benefit packages after 2008. 6 CHIPRA authorizes SCHIP through 2012. For budget scoring purposes CBO has projected spending under CHIPRA through 2017, based on the funding level at the end of 2012—an allotment of $3.5 billion per year. The 2017 enrollment figures shown there reflect that extrapolation. Note: SCHIP = the State Children’s Health Insurance Program CHIPRA = the Children’s Health Insurance Program Reauthorization Act of 2007, as cleared by the Congress on September 27, 2007.

At this time it is with great pleasure day I said we could establish ourselves are able to receive health care through and privilege that I yield the balance of as ‘‘the Children’s Congress,’’ and we Medicaid. my time to our distinguished Speaker did. Work remains to be done to bring I wish you could have heard the sto- for purposes of closing. that to fruition. ries of some of the parents who told us, The SPEAKER pro tempore. The gen- In the meantime, across our country, Bethany’s parents who were in the tlewoman from California is recognized Democrats and Republicans, Governors other day. The press asked them if for 1 minute. and mayors, people who work with they were afraid their family would Ms. PELOSI. Thank you, Madam children or have the responsibility of come under attack because they were Speaker. I thank the gentleman for delivering a system of health care have yielding. I commend him for his excep- lobbying for SCHIP. They said we are been advocating for this reauthoriza- already under attack, but we are proud tional leadership on this issue. tion of SCHIP that we have before us The issue of health care for Ameri- to come forward to support this initia- today. Every organization you can tive. We are not proud of the fact that cans has been a signature issue for the name, from AARP to YWCA, and ev- Dingell family. Mr. Dingell, the distin- we are low income, they said. We are erything in between, the American trying very hard to lift ourselves up guished chairman’s father, was the au- Medical Association, Catholic Hospital thor of legislation for access to health into the middle class. We work very Association, Families USA, every orga- hard not to be on Medicaid, but to be care for all Americans. He continues nization you can name is supporting that tradition. He was in the chair the among the working poor, it is not this legislation. something that we brag about, but day and gaveled the vote on Medicare. I am so proud, because earlier this SCHIP is something that we need. So thank you for your years of experi- week Easter Seals representatives cov- ence and leadership, and, again, your ered the Hill with hundreds of advo- So when the President wants to have leadership on this important issue of cates visiting Members’ offices. We 4 or 5 million children instead of 10 insuring our children. were pleased to hear from the president million children in his initiative, is he This isn’t about an issue; this is of Easter Seals, President James Wil- the one, the decider, who wants to go about a value. Thank you, Mr. STARK, liams, who said, ‘‘Without health care to that family and say, Your child is thank you, Mr. PALLONE, for your lead- coverage, our early intervention in out? Bethany had heart problems from ership, and thanks to the distinguished other programs for children cannot be birth. She was 2 years old in July. They Chair of the Ways and Means Com- successful.’’ That is why the Easter have been told by some people as they mittee, Mr. RANGEL, for his important Seals organization was here. lobbied, The baby is better now; you and relentless leadership on this issue. don’t need SCHIP anymore. Well, she My colleagues, as I listen to the de- b 1245 does. bate today, I hear a lot of subterfuge He was very eloquent in his advo- They said, We are not just lobbying and distractions; but the fact is that cacy, but no more eloquent than the for Bethany; we are lobbying for all of this is a discussion about America’s young children who were here to tell us the children. children and it is a discussion about their stories. America. There is no industrialized Today, representatives of the March As far as the March of Dimes is con- country in the world that anyone re- of Dimes, over 400 of them, are visiting cerned, and I am proudly wearing their spects that does not provide health in- offices on Capitol Hill. And Jennifer pin, they deal with children with birth surance for its children. We are the ex- Howse, president of the March of defects, and it might interest you to ception. This is not a designation to be Dimes, has stated that SCHIP ‘‘is the know that one of eight children in proud of. health insurance lifeline for millions of America each year is born pre- But the American people in their wis- low-income children who have no other maturely, around half a million babies dom have this not as an issue, but as a way to obtain coverage.’’ born prematurely. Many of those chil- value, as an ethic. That is why I am so Our country has put poor children dren, I am not saying all, but many of proud of what has transpired since we first; that’s called Medicaid. The poor- those children have ongoing conditions took our first vote on this bill. That est of the poor children in our country and preconditions that bar them from

VerDate Aug 31 2005 01:52 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K18OC7.042 H18OCPT1 bajohnson on PROD1PC69 with HOUSE October 18, 2007 CONGRESSIONAL RECORD — HOUSE H11747 getting any health insurance. Those Screaming ‘socialized medicine’ during of children in the SCHIP program are covered children need SCHIP. They are in the a health care debate is like screaming by private insurance companies, and the category that makes them eligible. ‘fire’ in a crowded theater. It is in- American Association of Health Insurance And that category does not include tended to cause hysteria that diverts Plans, as well as the American Medical Asso- people earning $83,000 a year. So while people from looking at the facts.’’ Sen- ciation and PhRMA, all support this bill. The some of you may use that as an excuse ator GRASSLEY, Republican Senator Republicans’ other excuse for opposing this not to vote for the program, I hope you from Iowa. bill—that we can’t afford it—is disingenuous. know intellectually it is not a reason So, my colleagues, we have a decision This legislation is fully paid for with a tobacco to vote against this initiative. There today to override the President’s veto, tax. I also find it interesting that those who are currently no children enrolled in which would be, in my view, the right raise the cry of ‘‘fiscal responsibility’’ when it SCHIP with family income of 400 per- thing to do for our children and for our comes to a few billion dollars for poor children cent of the Federal poverty level, country. It is not about compassion. It do not seem to have any objections to pro- $83,000 for a family of four. In fact, 91.3 is about fairness. It is about fairness. viding hundreds of billions for the President’s percent of the children enrolled in And this is a bill again that has been disastrous war. SCHIP are in families of four that bipartisan in its development and re- Having revealed that the Republicans’ stat- make less than 200 percent of poverty. quired enormous sacrifice from the ed reasons for opposing this legislation are And 99.95 percent, just a hair under 100 Democrats in the House of Representa- patently false, one is forced to wonder what is percent of them, are in families under tives. We had a much higher goal. This actually motivating them. I believe that the 300 percent of poverty. is what is achievable for the children. President and his supporters are blocking this So this is a sad thing. We are asking It should have been signed by the legislation because they are afraid. They are people who are working hard and play- President. There is no reason that he afraid of SCHIP because it demonstrates that ing by the rules, they are taking care has given that is consistent with the health care guaranteed by the government is of their families. They could have facts. workable, it is affordable, and it is popular. stayed out of work and stayed on Med- And so I urge my colleagues to think They worry that if SCHIP is expanded, even icaid, but that is not what we are en- about the children, to think about more Americans will begin to demand that the couraging people to do in our country. Bethany and think about a little boy, government guarantee health care to all our We are encouraging them to move on Zeke, who was in my office this morn- citizens, not just to poor children. After all, and upward. And these families have to ing. He is the ambassador of the March every other industrialized nation does so, come forward and say why they have of Dimes for 2007. He is 8 years old, while spending less than we do and while not attained the American Dream of born prematurely at a pound and a achieving better health outcomes for its citi- enough wealth to afford $1,200 a month half, and now going out and speaking zens. The Republicans will apparently use in health insurance premiums, and on behalf of the needs of other chil- every means at their disposal to ensure that that’s a big order. dren. health care in this country remains a privilege I am so pleased, though, that with The President is isolated in this. for those who can afford it, rather than a right the work they have done, Easter Seals, Don’t join him in his isolation. Come guaranteed to all. Red Cross and all of the organizations forward on behalf of the children and Madam Speaker, today’s vote raises a I mentioned earlier, and the Governors let’s truly send a signal that we are moral question. Simply put: will we, as a na- and mayors, et cetera, that now 82 per- about the future. I tried to do that tion, take responsibility for ensuring that all our cent of the American people support when I was sworn in by being sur- children have necessary health coverage? All this initiative. If I said it before, I rounded by children. It was a sponta- other issues raised in this debate are obfusca- want to say it again. neous moment, but it was one that was tions meant to hide the fact that the party And let me also say that there are clear in its message: We are gaveling claiming the mantle of ‘‘family values’’ is in some myths about SCHIP. Well, I don’t this House to order on behalf of the fact unwilling to back that slogan with sub- think that they are myths; I think children. stance. There is only one vote today that truly they are excuses not to vote for the There is nothing more important supports America’s families. It is a vote to bill. I mentioned one of them. Another that we have to do in our work than override this shameful veto. one is about illegal aliens. make sure that our children are Clearly, the bill states ‘‘no Federal healthy and safe. Today we have an op- Mrs. CHRISTENSEN. Madam Speaker, I funding for illegal aliens.’’ It says it, portunity to do that. Let’s not miss rise today for one main reason: the 10 million but it is also the law of the land. Ille- that opportunity. Let’s give a vote for low-income children in this Nation whose gal aliens do not get benefits, so don’t the children and against the Presi- health, health care and wellness are very use that as an excuse to deprive 10 mil- dent’s veto. much at stake. This is especially true today as lion children in our country who are el- Mr. CONYERS. Madam Speaker, I rise to the House votes on whether to override the igible for enrollment in SCHIP that voice my strong support for overriding the President’s inhumane, unethical and irrespon- they shouldn’t get it. President’s veto of the State Children’s Health sible veto of the Children’s Health Insurance This has been a bipartisan effort, and Insurance Program Reauthorization. This bi- Program. some of what has been said about partisan legislation would provide health cov- We honored the promises we made to this SCHIP is simply not true. But don’t erage for 10 million of our most vulnerable Nation when we not only passed the Chil- take it from me. Senator ORRIN HATCH, children. It is supported by over 80 percent of dren’s Health and Medicare Protection Act, the former Chair of the Health Committee the American public, as well as bipartisan ma- CHAMP Act, but when we exercised the art of in the Senate, now the ranking mem- jorities in the House and Senate and 43 of our compromise and passed a bipartisan CHIP bill ber, said: ‘‘I believe that some have Nation’s Governors. that, though more modest than the CHAMP given the President bad advice on this The fact that the President and the House Act, still represented a respectable step in the matter because I believe supporting Republican leadership continue to oppose this right direction. In fact, the CHIP bill that so this bipartisan compromise to provide critical, life-saving legislation is difficult to com- many of us stood behind would have provided health coverage to low-income children prehend. All of the excuses that they have health insurance coverage to nearly 4 million is the morally right thing to do. If we trotted out for blocking this bill—that it would currently uninsured, low-income children. Un- were truly compassionate, it seems to cover the rich, or illegal aliens, or that it would fortunately, despite our tireless efforts, the me, we would endorse this program.’’ institute ‘‘socialized’’ medicine—have been ex- President opted to veto the bill that would Senator ORRIN HATCH, Republican of posed as false. This bipartisan program puts have reduced the number of uninsured chil- Utah. poor kids first, as reflected in the fact that 90 dren in this Nation by nearly half. Senator CHARLES GRASSLEY, former percent of families covered by SCHIP live Madam Speaker, we can and should do bet- chairman of the Finance Committee, under 200 percent of the poverty level. It bars ter, not only because we promised to, but be- another committee of jurisdiction and coverage of illegal immigrants, as is spelled cause this Nation’s children deserve it. We now the ranking member said: ‘‘The out clearly in the bill’s text. In fact, the bill cannot and should not shortchange the most President’s claims about SCHIP are does not even cover legal immigrants. Finally, vulnerable among us, and we cannot and flatly incorrect. The SCHIP bill is not the SCHIP reauthorization does not institute should not relent in our efforts to ensure that a government takeover of health care. ‘‘socialized’’ medicine. Seventy-seven percent our Nation’s low-income children have reliable

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In addition to being able to enroll in only by Republicans but by the U.S. Senate, opportunity to reach across the political aisle SCHIP, these families could also decide to and most importantly by the public at large. and stand together to do the right thing for use their SCHIP credit to pay for the additional The bill that the President vetoed is a bait and America’s children. As I know my colleagues costs of enrolling their children in the parent’s switch. This nearly triples the size of SCHIP on both sides of the aisle well know, the chil- employer provided health plan. For those mak- over the next 5 years—including enrolling mil- dren who are currently enrolled and would be ing between 200 percent and 300 percent of lions of children currently insured by private newly enrolled in CHIP are not undocumented the poverty level, our bill would provide a plans—only this time they have chosen to hide residents; they are legal American citizens. Ef- $1,400 per child health care tax credit. This from the public how they plan to pay for the forts to try to derail our intention to override credit would be refundable for those who have program for the next 10 years. They ramp up the veto by inundating CHIP in an immigration tax liability less than the amount of the credit. the annual SCHIP budget to nearly $14 billion debate are both unconscionable and inac- Parents could use this credit to pay the addi- a year, and then they simply leave it to a fu- curate. tional costs of enrolling their children in an ture Congress to find a way to continue paying And, the children who are and would be employer provided health care plan or in an- for the massively expanded SCHIP program. covered by CHIP also are not children from other state licensed health care plan. This And they hand the bill to future generations of wealthy or even middle-income families who plan borrows from the proposal put forward by Americans. It turns out that their nearly tripling could otherwise afford health insurance. The a broad range of organizations that run the of the Federal cigarette taxes still leaves them mythical $83,000 CHIP family is just that: a political spectrum—from the liberal Families tens of billions of dollars short. Americans myth. They are no more real than the weap- USA, to the Chamber of Commerce, and the should be on notice that in 2012 the Demo- ons of mass destruction we invaded Iraq to American Medical Association, AMA. crats will ask for another $180 billion to con- find. The biggest question remaining after this tinue SCHIP for another 10 years. The reality, however, is that more than 9 in vote is taken today is whether or not our Particularly troubling is that by significantly 10 children enrolled in CHIP are from families House Democrat colleagues will do something expanding SCHIP enrollment eligibility to with incomes that are below 200 percent of that they have by and large failed to do so far those far above the poverty level, the Con- the Federal poverty level. That means, Madam with regard to SCHIP: invite House Repub- gressional Budget Office, CBO, estimates that Speaker, that CHIP kids are coming from fam- licans to participate in developing the legisla- millions of new SCHIP enrollees will be chil- ilies earning less than $41,300 a year for a tion. To date, House Democrat leaders have dren that move from private coverage to the family of four. These are not financially com- abused the rules of debate to totally shut Re- SCHIP program. By moving children from pri- fortable families. And, these are not families publicans out of the legislative process. vate insurance onto the government program, living lavishly off the backs of taxpayers. Two weeks ago, rather than having an up or this bill essentially enrolls 5 uninsured children These are hardworking American families down vote on the President’s veto, the Demo- for the price of 10. Enticing millions of children whose children’s health care needs often ex- crat majority chose to put off the final vote for to drop private coverage and sign up for ceed their financial means. They deserve bet- two weeks in order to engage in political pos- SCHIP is shortsighted and irresponsible, par- ter and their children deserve better, and we turing and partisan attacks. Today we are ticularly given the multibillion dollar SCHIP ought to override this veto to ensure that the holding that vote and the outcome today is no budget shortfall that hits in 2012. CHIP program captures these kids and keeps different than what it would have been two What we should be doing is focusing this them from joining the ranks of the uninsured. weeks ago. So, why the delay? Solely for par- program on enrolling uninsured children in It is has never been lost on me or my col- tisan posturing. Madam Speaker, our children households earning less than $41,000 per leagues in the minority caucuses that CHIP is deserve better and it is time to stop using year. Madam Speaker, our children and the a key minority health issue. In fact, 8 in 10 them as political pawns. Unfortunately, recent American taxpayers deserve better than what currently uninsured African-American kids and press reports are filled with quotes from Dem- the Democrat leadership has put before us 7 in 10 Hispanic children are eligible but not ocrat leaders stating that they want to keep today. enrolled in the program. Without health insur- this alive as a political issue, calling for ‘‘re- In February of this year, States that had ance, children suffer worse health outcomes peated votes’’ and temporary extensions of overspent their SCHIP funding grants came to and are less able to enjoy their childhoods be- SCHIP over the next year, rather than approv- Congress begging for more money to ‘‘insure cause of illnesses that are often preventable. ing a long-term bipartisan bill that secures uninsured poor children.’’ The root problem in Overriding the President’s veto, therefore, not SCHIP coverage for those it was intended many of these States was the fact that they only will help reduce uninsurance among our for—children in low-income households with had used their Federal grant to enroll children Nation’s most vulnerable children and improve family incomes of less than 200 percent of the in the SCHIP program who were neither poor their health, but also will help us reduce the poverty level. nor uninsured. New Jersey, for example had racial and ethnic health disparities that plague I would now like to address once again, why used their grant to enroll children in families our health care system. I cannot support the bill before us. This bill: 1. with incomes of more than $72,000, even I urge all of my colleagues to override the Fails to place a priority on first enrolling unin- though there were and still are over 150,000 President’s veto. We not only can and should sured children in households earning less than children in New Jersey in households earning do better, but we should demand that the $41,000 per year, 200 percent of the federal less than $41,000 who are uninsured. President do more for our children. Let’s do it poverty level; 2. Expands government SCHIP I offered an amendment in February that now for all of America’s children. subsidies to those making far more than the would have refocused SCHIP to make sure Mr. WELDON of Florida. Madam Speaker, I Federal poverty level; 3. Spends half of the that children in families under 200 percent of rise as a supporter of the State Children’s additional SCHIP dollars to enroll children in the poverty level were covered first. My Health Insurance Program, SCHIP, which fo- the government SCHIP program who are al- amendment was rejected by the liberal major- cuses on covering children in families at or ready enrolled in private insurance; and 4. ity on the Committee, who Stated that they below 200 percent of the poverty level, Uses budget gimmicks—like booting millions had no intent to refocus SCHIP on lower in- $41,000 per year. I have voted to extend this of children off of the program in 2012—in come children. Rather, they planned to con- program and to provide additional resources to order to fool the public into believing they can tinue expanding the program to those well ensure that those living in families below 200 fund the program for the next 5 years. above the poverty level—to include adults and percent of the poverty level, $41,000, have ac- It is fiscally irresponsible to expand this pro- illegal immigrants—as a step toward universal cess to affordable health insurance through gram by enticing millions of children in families government-run health care. A recent op-ed in the SCHIP program. earning far above the poverty level to drop pri- the Washington Post, by liberal columnist E.J. Before sharing my concerns over the bill vate coverage and enroll in the SCHIP pro- Dionne Jr., removes any doubt of this goal by that was vetoed by the President and that we gram that cannot be sustained. In August, writing: ‘‘This battle [over SCHIP] is central to are voting on today, I would like to share with House Democrat leaders forced an earlier the long-term goal of universal coverage.’’ my colleagues an overview of the SCHIP re- version of SCHIP through the House that cut While the press releases about today’s bill authorization bill that I am joining in intro- over $150 billion from Medicare and moved focus on uninsured low-income children, the ducing today. Our bill will provide families with that money into SCHIP so that they would language in the bill is about much more than health care choices, health care transferability have a way to pay for millions of new SCHIP uninsured low-income children. If the bill be- and health care security. enrollees over the next 10 years, including mil- fore us was focused on low-income uninsured

VerDate Aug 31 2005 00:34 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00018 Fmt 7634 Sfmt 9920 E:\CR\FM\A18OC7.038 H18OCPT1 bajohnson on PROD1PC69 with HOUSE October 18, 2007 CONGRESSIONAL RECORD — HOUSE H11749 children, I would be voting for it. The bill be- program even before SCHIP was created, but To my colleagues opposing this legislation, fore us does the opposite. It repeals recent we still have far too many children without let me reiterate something many know very rules requiring States to ensure that at least coverage—73,000 kids. well: the President, recently, asked for com- 95 percent of those under 200 percent of the That’s why I strongly support extending and promise legislation. poverty level are insured under their State expanding SCHIP. I also hope we can work This bill, in fact, represents a compromise, SCHIP programs. Democrat leaders in Con- together to provide greater access to private as evidenced by its broad bi-partisan support. gress have responded to the rule by arguing insurance coverage for America’s children and Forty-three of our Nation’s Governors, includ- that there is no way to ensure a 95 percent other uninsured Americans. ing Governor Sonny Perdue of Georgia, sup- enrollment rate of uninsured children in house- I urge my colleagues to support overriding port this legislation, as do 270 organizations holds earning less than $41,000 per year. the veto. We cannot afford to wait any longer. representing millions of Americans, 68 Sen- They argue that since they cannot achieve the It’s time to break down the barriers to health ators and a majority of Congress. goal we should simply expand the program to care for our kids. It’s time to reauthorize I urge my colleagues to join the bi-partisan those in households earning more than SCHIP. It’s time that all kids have a chance to majority and vote in favor of overriding the $60,000 a year or more. grow up healthy. President’s veto. They use budget gimmicks to say that their This legislation passed both the House and Mr. ETHERIDGE. Madam Speaker, I will bill is balanced and paid for through higher Senate with strong bipartisan support, and it vote to override the President’s veto of H.R. cigarette taxes. The Heritage Foundation has deserves to become law. 976. As the only former State schools chief estimated that the amount of money Demo- Let’s put children’s health first and do the serving in Congress, my life’s work has been crats estimate they will raise from higher ciga- right thing. Let’s override the veto of the to provide for a better future for the next gen- rette taxes comes up billions of dollars short SCHIP reauthorization and reduce the number eration, and health care is critically important and that over the next 10 years they will have of uninsured children by at least 70 percent. to that effort. There is no doubt that the State to find 22 million new smokers to bring in the There is no better investment than to invest Children’s Health Insurance Program, or amount of cigarette tax revenue they hope to in the health and well-being of America’s chil- SCHIP, has served this Nation well and must raise. It is also noteworthy that lower-income dren. be reauthorized and expanded. The Congres- Americans pay a higher percentage of ciga- Mr. BISHOP of Georgia. Madam Speaker, sional Research Service reported this week rette taxes, but it is middle-income Americans since its inception in 1997, I have been a that, at current funding levels, 21 states would that will receive most of the expanded SCHIP steadfast proponent of SCHIP, known in Geor- run out of SCHIP money before the end of the benefits under this bill. gia as PeachCare for Kids, and I rise today to current budget year, and funding for North I am also concerned over provisions in- urge my colleagues to join me in sustaining Carolina would only provide coverage for cluded in the bill that repeal the requirement this successful program by voting to override needy children through May 2008. that individuals must prove citizenship in order the President’s veto. In North Carolina, over 250,000 children to enroll in Medicaid and SCHIP. This opens Let me first say that, while my support of who would otherwise have gone without insur- the program to fraud and the enrollment of ille- children’s health care has been unwavering, ance have been served by North Carolina’s gal immigrants. In 2006, the Inspector Gen- this is not a perfect bill. Like many of my col- Health Choice. The services they get through eral, IG, of the Department of Health and leagues, some provisions in the bill concern Health Choice—regular checkups and prevent- Human Services found that 46 States allowed me. But let us not let ‘‘perfect’’ be the enemy ative care, doctor and hospital visits when anyone seeking Medicaid or SCHIP to simply of the ‘‘good.’’ they are sick, and ongoing dental and vision State they were citizens. The IG found that 27 On health care, our country faces a tremen- benefits—make sure that North Carolina’s chil- States never sought to verify that enrollees dous challenge, and while disagreement still dren are as healthy and productive as pos- were indeed citizens. The Congressional impedes finding creative solutions to encour- sible and grow up to fulfill their best potential. Budget Office (CBO) estimates that repealing age responsibility for health care to solve Untreated illnesses can have long-term con- this requirement will cost $1.9 billion. problems of access for adults, it is our moral sequences, and ensuring access to health And finally from a Florida perspective, Flor- imperative to rise up and meet these chal- care, as SCHIP does in North Carolina and ida taxpayers come up short. Florida tax- lenges for our Nation’s children. Furthermore, across the country, allows children to remain payers will send $700 million more to Wash- as Members of this body, it is our solemn duty healthy and strong and head off expensive ington than we will receive back in SCHIP al- to protect the youngest and most vulnerable treatments down the road. As a nation, we locations. Where will Florida taxpayer dollars among us. This legislation presents us with must follow through on the promise of SCHIP end up going? Residents of California, New such an opportunity. to protect our most vulnerable citizens. York, Texas, New Mexico, Arizona and New It is disappointing to see the administration SCHIP is not government-run medical care Jersey will be the biggest recipients of Florida throwing up so many roadblocks. Indeed, this as some have falsely claimed. SCHIP is an ef- tax dollars. Yet, Florida has a higher rate of administration has proven its willingness to fective initiative to extend health insurance to uninsured children than several of these. ‘‘rise up and meet’’ other challenges. Beyond working families who otherwise cannot afford Florida voters will also be asked to foot part that, it has proven its willingness to sign blank to send their children to the doctor when they of the bill for a $1.2 billion earmark inserted checks for a military operation with an ever- are sick. In North Carolina, this has meant into the 300-page bill at the last minute by the changing, increasingly expensive mission. For providing a physician-directed managed care powerful chairman of the committee for his the past 41⁄2 and years we have been en- system modeled on health insurance for chil- home State of Michigan. gaged in an overseas conflict that has taken dren of state employees and teachers. North Madam Speaker, let’s open up the legisla- a large toll on this country—in terms of both Carolina has about the best child health pro- tive process and develop a strong bipartisan human life and taxpayer money. While it is of grams of any state, providing seamless cost- bill. It is time to end the politics around this utmost importance to ensure our troops con- effective care for thousands of at-risk children, issue and ensure that low-income children tinue to have every dollar, dime, nickel, and each year reducing costs and becoming more have access to this program. penny they need to fight this war, we must not effective at providing health care. Mr. RAMSTAD. Madam Speaker, I rise to neglect our domestic priorities. The funding increase in H.R. 976 is nec- urge my colleagues to vote to override the The SCHIP reauthorization asks the admin- essary to address shortfalls in the current President’s veto of H.R. 976, which extends istration to rise up and meet the challenge of SCHIP funding plan, and to allow states to and expands the State Children’s Health In- one of those domestic priorities. Plainly, the reach more eligible but uninsured children. surance Program, SCHIP. bill asks for just 41 days worth of Iraq war The bill expands health care coverage to 10 We have a moral obligation to cover all our funding to embark on a clearly-defined, tar- million children in America over the next five children so every child in America can grow geted, and morally justifiable mission—pro- years. In North Carolina the $35 billion in this up healthy. It’s the right thing to do; it’s also viding American children from low-income legislation translates into 210,000 covered the cost-effective thing to do. families with comprehensive health care. children, an increase of 90,000 children. Only The great Minnesotan Hubert H. Humphrey That’s right—just 41 days worth of Iraq war kids aged 6–17 with families below 200 per- once said that a key moral test of government funding would pay for the entire SCHIP bill. cent of the poverty level are covered by is how we treat those who are in the dawn of Just one week of the Iraq war would pay for SCHIP in North Carolina. Even if some of life, the children. We must not flunk this moral 1.7 million children. That’s enough to cover all these children have had private insurance for test. the children eligible for SCHIP in Georgia, as some of the time, their parents only were able My home State of Minnesota started cov- well as several other States. One week of war to afford it by cutting back on other neces- ering children through its medical assistance funding would do all that. sities. We owe it to these children to ensure

VerDate Aug 31 2005 01:52 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00019 Fmt 7634 Sfmt 9920 E:\CR\FM\A18OC7.042 H18OCPT1 bajohnson on PROD1PC69 with HOUSE H11750 CONGRESSIONAL RECORD — HOUSE October 18, 2007 that they are continuously covered and can who otherwise would have access to health in- Medicaid and SCHIP, however, this bill would get the health care they need when they need surance while extending coverage to 3.8 mil- merely require a name and social security it. I wholeheartedly support the increased lion children who are already eligible, but not number. According to Social Security Adminis- funding and the guidelines for states in this enrolled in the program. The bill also includes tration Commissioner Michael Astrue, a Social legislation. guaranteed dental coverage and mental health Security number would not keep someone I have withheld my support for this bill in the parity in the CHIP program. By reauthorizing from fraudulently receiving coverage under past due to my concerns about the bill’s fund- this very important program, we will strengthen Medicaid of SCHIP if they claimed they were ing mechanism, and I continue to be con- CHIP by improving the quality of health care someone that they were not. cerned about the impact of a tobacco tax in- children receive and at the same time in- Two weeks after the President vetoed the crease on North Carolina’s rural communities. crease health insurance coverage to one of bill the Democrat Leadership has decided to I am working with the leadership of the House the most vulnerable segments of our society. play politics and gamble on the health of these of Representatives to craft an effective dis- This legislation is paid for. It increases the children before having this override vote. This aster relief package that will assist North tobacco tax by 61 cents to a total of one dol- stalling tactic has done nothing but shorten the Carolina’s farmers and help to counter any lar. Increasing the tobacco tax will save bil- time we have until this program expires. I am negative impact. As the Chairman of a key lions in health costs and is one of the most ef- proud to sustain the President’s veto and I sin- Agriculture Subcommittee, I will continue to fective ways to reduce tobacco use, especially cerely hope that my friends on the other side work to address the needs of farm country, in- among young children. In short, raising the to- of the aisle care about these children enough cluding finishing the Farm Bill with a real safe- bacco tax will prevent thousands of children to create a bill that everyone can stand be- ty net for farm families and pursuing disaster from starting to smoke and the proceeds of hind, as it was when the program first began. relief for drought-stricken regions like North the tax will be used to provide health coverage I urge a ‘‘no’’ vote on the motion to override Carolina. Should the veto override fail, I will for children. That is a win-win result. the President’s veto. continue to urge the Congressional leadership Madam Speaker, we should do the right and Mr. SAM JOHNSON of Texas. Madam to write a new bill that funds SCHIP without moral thing and override this veto. I strongly Speaker, I rise today to support the Presi- placing the burden of funding on the backs of urge my House colleagues to override the dent’s veto. It is important for the American North Carolinians. President’s veto on this bipartisan legislation. people to understand that this debate is not After careful consideration, I will vote to Mr. EVERETT. Madam Speaker, I rise today about whether or not to reauthorize the Chil- override the President’s veto, and I urge my to express my opposition to this attempt to dren’s Health Insurance Program, but how we colleagues to join me in voting for the children override the President’s veto of the Children’s reauthorize it. This bill completely misses the of America’s working families. Health Insurance Program Reauthorization Act mark. It is a massive expansion of a govern- Mr. STEARNS. Madam Speaker, for the last (H.R. 976). This bill expands a good program ment-run program that takes resources away two weeks the Democrats have continued far beyond its original intent, and opens the from the very children it was meant to help. their political games. They have failed to cor- door to government controlled healthcare. The In this country there are millions of low-in- rect the inherent flaws in this legislation and at SCHIP program was created 10 years ago come uninsured children who are currently eli- a closer section by section look it is clear this under a Republican led Congress to fill a gap gible for government help, but are not enrolled. I firmly believe it is our responsibility to legislation contains numerous errors. of uninsured, low-income children whose fami- Section 101: provides an appropriation of $9 lies fell into a salary bracket too high to recover the neediest of America’s kids first. The bill the President vetoed did just the op- billion in 2008, 25 percent more than gov- ceive funds under Medicaid. This bill, how- posite. ever, takes this money and gives it to adults, ernors of both parties have told CMS would be The Democrats’ bill diverts money away necessary to fully fund SCHIP next year. illegal immigrants, and children whose parents from those who need it the most in order to Section 211: provides a new citizenship are currently making up to $82,000 a year. cover kids who already have private health in- documentation option, but what this new provi- This bill would encourage more and more chil- surance. One in every three kids covered sion does is completely erase the stricter citi- dren to move from private health care to under this bill already has private health insur- zenship requirements enacted in the Deficit health care coverage from the Federal governance coverage. Because the Democrats care Reduction Act. The Social Security Administra- ment. According to the Congressional Budget more about how much they can expand tax- tion states that this provision will not guar- Office, as many as two million children would payer funded entitlement programs rather than antee that applicants who use false Social Se- make this shift. helping those who actually need help, I will curity Numbers will be identified thus clearly The Liberal spin machine has tried to frame vote to sustain the President’s veto. opening the door for millions of illegal aliens the veto as ‘‘anti-children’’, while denying the Out of respect to the American taxpayer and becoming enrolled. American people the facts. This bill would cost the uninsured kids who need our help—Con- I hope the other side stops using these chil- the American people $60 billion over 5 years. gress can and should pass a more fiscally dren as political pawns and crafts sound legis- This is a $35 billion increase over the current sound bill that puts the poorest kids first. lation that does not throw away tax dollars for program, and is $30 billion more than the Mr. LANTOS. Madam Speaker, I rise today votes. President said he would support. Even the in support of reauthorizing a program that has Mr. VAN HOLLEN. Madam Speaker, I rise funding sources of this bill have been hidden proven to be crucial to the lives of children in strong support of overriding the President’s from the general public. This bill would add a across the Nation. The State Children’s Health veto of the Children’s Health Insurance Pro- 61 cent tax to every pack of cigarettes, which Insurance Program—or SCHIP, as it is gram Reauthorization Act of 2007. the Democrats claim will curb smoking among known—provides access to health care for 6.6 I was deeply disappointed that the President children. This line of thought, however, is in- million children. Through bipartisan efforts, exercised his veto pen on a bicameral and bi- trinsically flawed by the fact that 22 million Congress is trying to expand eligibility to near- partisan bill. Not so long ago, the President new smokers will be required to pay for the ly 4 million additional underserved and unin- pledged to expand coverage of CHIP to in- cost of this bill. How can anyone be anti sured kids, but the President a few weeks ago clude eligible children who are not yet enrolled smoking when they need the very revenue it decided to ignore the will of the people and in the program. In his September 2004 speech creates to pay for the healthcare of children? veto the bill to renew this popular, worthy and to the Republican National Convention, the In addition, in 2012, the funding for this pro- socially responsible program. President stated—and I am quoting here, ‘‘We gram will all but disappear. After a 5-year I can’t overstate how extraordinarily trou- will lead an aggressive effort to enroll millions campaign of signing up as many middle-class bling this veto is. Rather than spending the of poor children who are eligible but not children, adults and illegal immigrants as pos- $3.50 a day it would cost to provide health in- signed up for the government’s health insur- sible, program funds will be cut by 80 percent. surance for these children, the President in- ance programs. We will not allow a lack of at- This will cause millions of children to be stead has cynically claimed the mantle of fis- tention, of information, to stand between these dropped from their healthcare programs, or re- cal responsibility. Had he not already presided children and the health care they need.’’ With quire an even more extensive funding expan- over the largest increase in government this veto, the President has reversed course sion and burden on the taxpayers. spending since the New Deal, this claim might and turned his back on America’s children. While supporters of H.R. 976 claim the bill not ring as hollow as it sounds. Let’s be clear: The CHIP Reauthorization Act would reau- does not allow Federal payments for illegal the President has chosen insurers and to- thorize and improve the very successful Chil- residents, it severely weakens Federal law to bacco companies over the well-being of more dren’s Health Insurance Program for 5 years. leave those individuals a gaping loophole. Ex- than 10 million children and their families. This bipartisan bill would preserve coverage isting law requires documentation proving This is the wrong issue and the wrong time for the six million children currently enrolled one’s citizenship in order to be covered under to pander to business interests.

VerDate Aug 31 2005 01:52 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00020 Fmt 7634 Sfmt 9920 E:\CR\FM\A18OC7.027 H18OCPT1 bajohnson on PROD1PC69 with HOUSE October 18, 2007 CONGRESSIONAL RECORD — HOUSE H11751 Madam Speaker, it is unconscionable that the President’s veto of H.R. 976, the Chil- Medicare and uses them to cover everyone for American families must choose between buy- dren’s Health Insurance Program Reauthoriza- all medically necessary services with no co- ing a warm coat for the winter and having their tion Act. While the bill vetoed by President payments, no deductibles and now premiums. children immunized. No American families Bush was a watered down version of the bill That is how wasteful private insurance is. Pro- should have to choose between putting food passed by the House, it was at least a step in viding cheaper coverage through the private on the table and getting a life-saving operation the right direction. sector simply leaves Americans with dan- for their son or daughter. The SCHIP bill that Congress sent to the gerously weak coverage. About 50 percent of We go back to our respective districts and President was a bipartisan effort that renews all bankruptcies in the U.S. are related to meet the people who are forced to make and improves the Children’s Health Insurance medical bills. Of those with medically related these sorts of decisions on a daily basis. We program, providing health care coverage for bankruptcies, about 75 percent had insurance feel and see the utter insanity of vetoing $3.50 10 million children. This bill preserves cov- before they got sick. Their so-called ‘‘cov- a day for health coverage for our neediest erage for the 6 million children currently coverage’’ did not cover them. They were, in fact, children. As members of the House of Rep- ered by SCHIP and expands coverage to underinsured. The President chose to ignore resentatives, we speak directly for the Amer- nearly 4 million more uninsured children. this crisis by vetoing a bill that would have not ican people and we come to the floor to vote Madam Speaker, two-thirds of Americas’ un- only covered uninsured children but provided with their hopes and wishes foremost in our insured children are currently eligible for better coverage for many who are one illness minds. SCHIP or Medicaid but are not enrolled for away from losing their money and their home. Each day that we fail to provide basic health various reasons. This bill gives states the re- The provisions in the bill would make sub- care to kids, is a day we have failed as lead- sources and incentives to enroll, those chil- stantial and crucial progress in providing ers. dren. health care for all American children. It would Congress is The People’s House, and we The President’s budget proposal would have provide coverage for 3.8 million more children have a duty to represent the needs of the increased SCHIP by $5 billion over the next 5 than are covered now and preserve coverage American people, not of multi-billion dollar years. This increase fails to cover the costs of for 6.6 million more. It would help ensure Ohio international insurance companies. This ad- simply maintaining the current SCHIP enroll- can expand its program to include an addi- ministration has sided with big business too ment of 6 million children. In fact, according to tional 20,000 children. It targets the lowest-in- many times and at too heavy a cost to the lit- the Congressional Budget Office, over the come uninsured children for outreach and en- tle guy. next 5 years, the President’s budget would re- rollment, ensures dental coverage and mental Republican President Calvin Coolidge once sult in over 1 million children losing their health parity. said, ‘‘The business of America is business,’’ SCHIP coverage. The President was fundamentally wrong to and it seems that the current President agrees Madam Speaker, the SCHIP reauthorization veto the SCHIP bill. He needs to understand with him. I say that this Congress’ business is is supposed to be a bill to expand coverage, the economic and moral realities behind the people’s business. I urge my colleagues to not reduce it. I urge my colleagues to support SCHIP. I cast my vote to express that. override the President’s veto and allow an en- this bill. Mr. UDALL of Colorado. Madam Speaker, I tire generation of America’s children to grow Mr. KUCINICH. Madam Speaker, I rise in will vote to override the Presidents veto of this up healthy. support of the vote to override the President’s urgently needed legislation. Ms. SCHAKOWSKY. Madam Speaker, the veto of SCHIP. I do so because the Presi- Dr. Martin Luther King, Jr. said ‘‘of all the day is finally here. Today, the American peo- dent’s objections to government health insur- forms of inequality, injustice in health care is ple will see what this body is really made of ance for low income children are outrageous. the most shocking and inhumane.’’ H.R. 976 and where members stand on the issue of That said, I still believe, the bill’s failure to does not end health care inequality, but it children’s healthcare. Is this body willing to provide coverage for legal immigrants is rep- would have provided continued coverage for stand up to the President and override his rehensible. All children deserve health care children not covered by Medicare but whose veto? Or are my colleagues on the other side coverage. Health care is a right, not a privi- parents cannot afford to buy insurance and of the aisle going to fold like a house of cards lege. The denial of a lifesaving service based whose employers do not provide it. and follow this President right off a cliff? on an arbitrary length of citizenship is simply These children—currently 6 million of The choice is easy—you are either for wrong. them—are now eligible for coverage under the healthcare for 10 million children or you are It is the responsibility of Congress to ad- Children’s Health Insurance Program (CHIP)— not. You can equivocate all you want and dress the main difficulties that prevent legal but that program is set to expire and the come up with an excuse that is politically ex- immigrant children from gaining access to President should have accepted this com- pedient, but when it comes down to it, there health care. This bill does exactly the oppo- promise legislation. Because the President is no way to hide from your vote. site. Thus I felt compelled to vote against the does not accept this bi-partisan compromise When that voting board lights up this after- bill after the Senate negotiators refused to pro- bill, these 6 million will no longer have access noon, we will know and remember those who vide health benefits to legal immigrant chil- to quality, affordable health insurance. let 10 million children and their families down. dren. Negotiating away health care for This legislation would assure continued cov- The President and most of the Republicans in 400,000–600,000 children as a political com- erage for those now enrolled and would pro- Congress will tell you that we can’t afford this promise is not acceptable. vide coverage for an additional 4 million chil- bill, but don’t let them fool you. This bill is fully The President has vetoed the bill because dren who currently qualify, but who are not yet paid for, unlike the half a trillion dollars that we he calls it a step toward socialized medicine. enrolled under CHIP. have already spent in Iraq. This perennial straw-man is trotted out when I believe that health care should be a right, And keep in mind, the members that vote meritorious arguments are lacking. In fact, not a privilege, and this act is a step in the against this bill today are going to turn right SCHIP uses private doctors and private health right direction toward that goal. So, I support around and vote for $190 billion more dollars care plans. More importantly, however, the this bill although I wish it went further. for the war in Iraq. Unfortunately, it’s the chil- President is fond of ignoring the volumes of lit- Despite claims by some, this bill does not dren that end up with the short end of the erature showing that government-run health change the basic nature of the CHIP program. stick. The children the President is refusing to insurance programs that use private hospitals Instead, it maintains current eligibility require- insure today are the same ones that will be and doctors like Medicare and Medicaid, de- ments for CHIP. The majority of uninsured forced to foot the bill for the war in Iraq tomor- liver higher quality care at lower costs with children are currently eligible for coverage— row. higher rates of satisfaction than private insur- but better outreach and adequate funding are But you have a chance to make things right ance plans. According to a 2007 article in the needed to identify and enroll them. This bill today, to set the record straight. You can journal, Health Affairs, administrative costs of gives states the tools and incentives nec- show your constituents and this country that private plans were about twice as much as essary to reach millions of uninsured children you care about the millions of uninsured those for Medicaid. Medicare’s overhead costs who are eligible for, but not enrolled in, the American children more than continuing this are approximately 3 percent while those of the program. disastrous war. private sector are closer to 31 percent. Earlier this year, I voted for the ‘‘CHAMP’’ Please, don’t let these children down. They That is one of the main reasons that H.R. bill to extend CHIP. The House of Representa- need your vote. Vote to override this mis- 676, the Expanded and Improved Medicare for tives passed that bill, and I had hoped the guided veto. All Act, is the best cure for our health care ills. Senate would follow suit. It would have in- Mr. SCOTT of Virginia. Madam Speaker, I It captures the enormous savings to be had if creased funding for the CHIP program to $50 rise today in support of the vote to override Americans had health care provided through million, instead of the lesser amount provided

VerDate Aug 31 2005 00:34 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00021 Fmt 7634 Sfmt 9920 E:\CR\FM\A18OC7.015 H18OCPT1 bajohnson on PROD1PC69 with HOUSE H11752 CONGRESSIONAL RECORD — HOUSE October 18, 2007 by this bill. The CHAMP bill would have also incentives for States to enroll children below does. It doesn’t cover well-off families. It addressed major health care issues, first by 200% of poverty and any State that chooses doesn’t cover illegal immigrants. What it does protecting traditional Medicare and second by to provide more generous coverage must get do is give a hand to millions of families who addressing the catastrophic 10 percent pay- approval from the Administration. are struggling to provide health care for their ment cuts to physicians who serve Medicare Opponents assert that the bill increases kids. patients. taxes on ‘‘working people.’’ The truth is it in- I simply don’t understand the President’s However, the bill vetoed by the President creases taxes on smokers. Not only does this priorities. He’s more than happy to sign bills represents a compromise between the House help pay for the program, but according to the giving billions of tax breaks to oil companies and the Senate and deserves support today. It Institute of Medicine, by increasing the to- and multi-millionaires, but he won’t sign a will pay for continued CHIP coverage by rais- bacco tax, there will be a decrease in tobacco modest, fully-paid-for bill that helps millions of ing the federal tax by $0.61 per pack of ciga- use, particularly among young people. low-income children? He’s willing to spend rettes and similar amounts on other tobacco Opponents assert the bill will cover adults hundreds of billions of dollars—none of it paid products. According to the American Cancer not children. Although the program has been for—in Iraq but is unwilling to sign a bill that society, this means that youth smoking will be used to cover adults in the past, this practice is paid for and will keep children from losing reduced by 7 percent while overall smoking will be phased out over the next two years. their health care? will be reduced by 4 percent, with the potential Opponents assert that the bill gives cov- That makes no sense to me. that 900,000 lives will be saved. erage to undocumented aliens. There is noth- This bill has the support of the medical com- H.R. 976 has the support of the American ing in the bill that would provide such cov- munity, children’s advocates, and even the in- Medical Association, American Association of erage. In fact, the bill says, ‘‘nothing in this act surance industry. There is simply no reason Retired Persons, Catholic Health Association, allows federal payment for individuals who are for the President to reject it, other than par- Healthcare Leadership Council, National Asso- not legal residents.’’ tisan politics. I will continue to fight for this important pro- ciations of Children’s Hospitals, American The moment has arrived for the House of gram, and I urge all of my colleagues, Repub- Nurses Association, US Conference of May- Representatives to override the President’s lican and Democrat, to do the same. ors, NAACP, American Cancer Society Cancer veto of the Children’s Health Insurance Pro- gram, and when we do, we will stand next to Mr. ORTIZ. Madam Speaker, this is a defin- Action Network, and United Way of America. ing moment for the state of health care in this It is imperative that we vote to override this the children and on the side of a brighter fu- Nation . . . a defining moment for this Con- veto in order to protect those that are most ture for them and our entire country. Mr. MCDERMOTT. Madam Speaker, this is gress . . . and a moment when the country vulnerable in our society by increasing health the choice we have to make today. We stand will watch this government take sides. insurance coverage for low-income children. I up for our children and their future or we stand The State Children’s Health Insurance bill is hope that we have the opportunity to take up down with the President and tobacco compa- one of the best pieces of bipartisan legislation the other important Medicare issues ad- nies. Good health or no health for millions of the House has considered in a decade. It lays dressed in the CHAMP bill soon. poor and disadvantaged children across Amer- bare the most significant difference between Ms. ESHOO. Madam Speaker, I rise in what this Congress supports and what the strong support of this effort to override the ica—that is what’s at stake today. The President will spend $50 billion in 5 President—and those who stand with him in President’s veto of H.R. 976, the Children’s months on a war in Iraq, but he won’t spend support of his veto—supports. Health Insurance Program (CHIP) Reauthor- $35 billion over 5 years on poor and vulner- Supporters of SCHIP stand with working ization bill. able kids. We pay for SCRIP but we will keep families and children . . . opponents here in Virtually everyone with a stake in public paying for the war for decades to come. We Congress—and the President—stand with in- health and health care is calling for this bill to take care of our children while the President surance companies. The President’s veto cut be passed. There are 270 groups supporting passes his war costs on to our children, and off health care for over 120,000 kids in Texas. this bill: 43 Republican and Democratic gov- grandchildren. There’s just no lipstick to pretty up this pig. ernors, including Governor Schwarzenegger, We can vote to provide access to quality, The President’s veto was downright mean. He the American Medical Association, AARP, affordable health care for our Nation’s children leaves a legacy of a war he won’t pay for and America’s Health Insurance Plans (AHIP), the by voting to override this veto, or we can vote children he won’t give health care to. Being for Healthcare Leadership Council, and Catholic to sit back and watch the economic security of war and against kids is an awful record and a Charities, among others. our working families erode day by day, as this horrible legacy. There are at least 10 million reasons to in- Administration has done. Those who stand with the President today in sure the children of our Nation because 10 The President said he is using his veto pen sustaining his veto of this bipartisan bill will million children don’t have healthcare cov- on SCRIP to show he is relevant, but with the bear the ridicule of that record the next time erage today. stroke of a pen he has merely shown he is ir- they face the voters. The bill provides dental care, mental health responsible with the health and welfare of Those who do an unpopular thing—knowing benefits, and other medically necessary bene- America’s future. it is the right thing to do—are rewarded by his- fits that are part of the program. Let’s set a good example for our children tory. History will accurately note that those The bill provides coverage to expectant and support a bipartisan, fiscally responsible, supporting the President in this veto are doing mothers. health care bill that will get us one step closer the bidding of the health insurance companies, The bill allows States to provide assistance to universal coverage for all Americans. at the expense of our children. Those sup- for CHIP-eligible kids to secure private insur- Mr. MCGOVERN. Madam Speaker, in Mas- porting the President’s veto are doing the ance through a parent’s employer-sponsored sachusetts, we have begun to address the cri- wrong thing for the wrong reasons. coverage. sis of the uninsured. We believe health care is Congress created SCHIP in 1997 with broad The bill is fully funded by a 61-cent per pack a right, not a privilege for the wealthy. bipartisan support. This year, 6 million children increase in the tax on cigarettes. The president’s veto of the bipartisan have health care because of SCHIP. The pro- The opponents of this bill are hiding behind SCHIP compromise abandons 11 million chil- gram has worked well in Texas. This has been the thinnest arguments. dren, including 90,500 Massachusetts chil- an excellent investment for our nation, given They say there are only 500,000 uninsured dren. That is unacceptable. that health care costs without insurance would kids who are eligible for CHIP that we need to I wish President Bush would take the time be much more expensive. enroll. This is incorrect. According to the to meet hardworking families like the O’Neils The President highlighted his support for Urban Institute, there are more than 6.6 million of Fall River. They were just blessed with their SCHIP while running for re-election in 2004. low-income children who qualify for CHIP but first child, Sean. Dad works several jobs while Today he—and those who stand with him in are yet to be enrolled. This bill provides States his wife recovers her health. sustaining this veto—show their true colors: with the resources and incentives to ensure But the cost of all those doctors’ visits and say one thing in political campaigns, do an- these kids get the coverage they’re eligible for. immunizations add up. Thanks to SCHIP, other when the moment comes to record your The President says the program will cover Sean is a happy, healthy baby. vote . . . when the rubber hits the road. children in families with incomes of up to But thanks to the President’s veto, my I urge my colleagues to override this veto. $83,000 a year. Senator GRASSLEY, the Rank- proactive State exhausted its SCHIP allotment We are the last hope of children and families ing Republican on the Senate Finance Com- on October 1. Even with the extension, all of all over this country. They are watching us— mittee, disputes this charge, saying ‘‘the presi- its funds will be gone by January 11. all of us. dent has been served wrong information about To justify his position, the President has de- Mr. RODRIGUEZ. Madam Speaker, today what our bill will do.’’ In fact, the bill provides cided to distort what this good bill actually the House of Representatives has an historic

VerDate Aug 31 2005 02:13 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00022 Fmt 7634 Sfmt 9920 E:\CR\FM\A18OC7.019 H18OCPT1 bajohnson on PROD1PC69 with HOUSE October 18, 2007 CONGRESSIONAL RECORD — HOUSE H11753 opportunity to provide health insurance for 10 spouse, child, parent, and next of kin of an in- Castor Jones (OH) Ramstad Chandler Kagen Rangel million children from low-income families. In jured service member with six months of un- Clarke Kanjorski Regula fact, when the House takes up a motion to paid, job protected leave to care for their Clay Kaptur Rehberg override the President’s veto on the State wounded loved one. This language is identical Cleaver Kennedy Reichert Children’s Health Insurance Program (CHIP) to the bipartisan bill, H.R. 3481, the Support Clyburn Kildee Renzi Cohen Kilpatrick Reyes Reauthorization Act, it will be the second time for Injured Servicemembers Act, which Chair- Conyers Kind Richardson in as many months that Congress votes to man GEORGE MILLER and I have championed Cooper Kirk Rodriguez provide low-income, working families with in the House and Senators CHRISTOPHER Costa Klein (FL) Ross Costello Kucinich Rothman health insurance for their children. DODD and HILLARY RODHAM CLINTON have Courtney LaHood This legislation, passed by Congress in Roybal-Allard fought for in the Senate. We have a moral ob- Cramer Lampson Ruppersberger September, is an essential step in providing ligation to honor our military families, who Crowley Langevin Rush better access to healthcare for the 47 million should never have to choose between keeping Cuellar Lantos Ryan (OH) Cummings Larsen (WA) uninsured individuals in this country, 5 million their jobs and support and meeting the needs Salazar Davis (AL) Larson (CT) Sa´ nchez, Linda of whom are children. One could argue that of their loved ones. As the Chairwoman of the Davis (CA) Latham T. Davis (IL) LaTourette the state of Texas, which has the highest per- Workforce Protections Subcommittee, I believe Sanchez, Loretta Davis, Lincoln Lee centage of uninsured individuals of any state Sarbanes we can no longer afford to deny these dedi- Davis, Tom Levin Schakowsky in the Nation, needs this bill the most. Texas cated men and women the urgently needed DeFazio Lewis (GA) Schiff DeGette Lipinski is home to a staggering 1.4 million children protections included in this bill. Schwartz who lack even the most basic health insur- Children are 25 percent of our population Delahunt LoBiondo DeLauro Loebsack Scott (GA) ance. but 100 percent of our future. I look forward to Dent Lofgren, Zoe Scott (VA) The CHIP Reauthorization that President working with my fellow Members to continue Dicks Lowey Serrano Bush vetoed provides health insurance for 10 Dingell Lynch Sestak to protect the health and well-being of our Na- Shays million underprivileged American children. The Doggett Mahoney (FL) tion’s most valuable resource: its children. Donnelly Maloney (NY) Shea-Porter bill adds $35 billion for the CHIP program over Mr. WILSON of South Carolina. Madam Doyle Markey Sherman the next 5 years. It maintains coverage for the Speaker, despite all the rhetoric about the Edwards Matheson Shuler 6 million children who are already enrolled, Ehlers Matsui Simpson State Children’s Health Insurance Program Ellison McCarthy (NY) Sires and allows for an additional 3.8 million who which was created by Republicans, the fact Ellsworth McCollum (MN) Skelton are already eligible for the program to start re- remains that we all want low-income children Emanuel McDermott Slaughter ceiving benefits. to have access to health care. The only dif- Emerson McGovern Smith (NJ) Instead of supporting this modest expan- Engel McHugh Smith (WA) ference is that Republicans have stood by the English (PA) McIntyre Snyder sion, President Bush wants to increase fund- principle of covering poor children first and not Eshoo McMorris Solis ing for CHIP by a mere $5 billion over the next covering adults, illegal aliens, and those al- Etheridge Rodgers Space 5 years. Such a proposal would not allow for ready covered by private insurance. Farr McNerney Spratt any new eligible, uninsured children to enroll Fattah McNulty Stark The President’s SCHIP proposal provides Ferguson Meek (FL) Stupak in the program. In fact, according to the non- an increase of $5 billion to cover those who Filner Meeks (NY) Sutton partisan Congressional Budget Office, Presi- are currently enrolled and the 500,000 children Fossella Melancon Tanner dent Bush’s proposal would result in 840,000 Frank (MA) Michaud Tauscher eligible but not yet covered. The billions more Gerlach Miller (MI) Thompson (CA) children losing their CHIP coverage. in spending that the Democrats are requesting Giffords Miller (NC) We cannot in good conscience enact a pro- Thompson (MS) will use taxpayer dollars to provide health care Gilchrest Miller, George Tiberi gram that will push children from the CHIP for individuals SCHIP was never meant to Gillibrand Mitchell Tierney rolls. I will stand behind the Congressionally- Gonzalez Mollohan Towns cover. Additionally, the Democrat proposal Gordon Moore (KS) passed CHIP authorization and hope that my Tsongas pulls the rug out from underneath these chil- Green, Al Moore (WI) Turner colleagues in the House of Representatives Green, Gene Moran (KS) dren when funding to the program is dras- Udall (CO) Grijalva Moran (VA) join me and override the President’s veto Udall (NM) tically cut in 2012. Gutierrez Murphy (CT) Upton today. Hall (NY) Murphy, Patrick When you take the Democrat legislation at Van Hollen Ms. WOOLSEY. Madam Speaker, it’s dis- Hare Murphy, Tim face value and look past the political rhetoric Vela´ zquez appointing that the Administration and many Harman Murtha and the demagoguery, the Republican pro- Visclosky Republicans can’t get their priorities in order Hastings (FL) Nadler posal to promote SCHIP is best for families Herseth Sandlin Napolitano Walsh (NY) and support an expansion of SCHIP. The Ad- Walz (MN) and children. Higgins Neal (MA) ministration’s veto of H.R. 976, the Children’s Hill Oberstar Wasserman In conclusion, God bless our troops, and we Hinchey Obey Schultz Health and Medicare Protection Act, shows Waters just how far its priorities are from the rest of will never forget September 11. Hinojosa Olver The SPEAKER pro tempore. Without Hirono Ortiz Watson this country. Watt objection, the previous question is or- Hobson Pallone The Administration said it’s too expensive. Hodes Pascrell Waxman Yet the Administration has had no trouble dered. Holden Pastor Weiner Welch (VT) spending half-a-trillion dollars on the occupa- There was no objection. Holt Payne The SPEAKER pro tempore. The Honda Pelosi Wexler tion of Iraq. The Administration’s priorities are Hooley Perlmutter Wilson (NM) clear: Unlimited money for occupation, no question is, will the House, on recon- Hoyer Peterson (MN) Wilson (OH) money for kids. Currently, we’re spending sideration, pass the bill, the objections Inslee Petri Wolf of the President to the contrary not- Israel Platts Woolsey about $14 million dollars per hour on the occu- Jackson (IL) Pomeroy Wu pation. That means we could provide medical, withstanding? Jackson-Lee Porter Wynn dental, and mental health care to more than Under the Constitution, the vote (TX) Price (NC) Yarmuth must be by the yeas and nays. Jefferson Pryce (OH) Young (AK) 10,000 low-income children for the cost of just Johnson (GA) Rahall Young (FL) one single hour in Iraq. The vote was taken by electronic de- This bill was an opportunity for us to stand vice, and there were—yeas 273, nays NAYS—156 up and say that 10 million of our Nation’s chil- 156, not voting 4, as follows: Aderholt Bonner Carter dren deserve health coverage and access to [Roll No. 982] Akin Boozman Chabot dental and mental health services. In Cali- Alexander Boustany Coble YEAS—273 Bachmann Brady (TX) Cole (OK) fornia, that would have provided 607,000 addi- Abercrombie Berkley Brady (PA) Bachus Broun (GA) Conaway tional children with health insurance. By Ackerman Berman Braley (IA) Baker Brown (SC) Crenshaw vetoing this bill, the Administration has turned Allen Berry Brown, Corrine Barrett (SC) Brown-Waite, Cubin its back on these children. Altmire Bishop (GA) Buchanan Bartlett (MD) Ginny Culberson Andrews Bishop (NY) Butterfield Barton (TX) Burgess Davis (KY) Additionally, the Administration has aban- Arcuri Blumenauer Capito Biggert Burton (IN) Davis, David doned its promise to our Nation’s military serv- Baca Bono Capps Bilbray Buyer Deal (GA) ice members and their families. This legisla- Baird Boren Capuano Bilirakis Calvert Diaz-Balart, L. tion amends the Family and Medical Leave Baldwin Boswell Cardoza Bishop (UT) Camp (MI) Diaz-Balart, M. Barrow Boucher Carnahan Blackburn Campbell (CA) Doolittle Act, the landmark workplace protection legisla- Bean Boyd (FL) Carney Blunt Cannon Drake tion passed 14 years ago, to provide the Becerra Boyda (KS) Castle Boehner Cantor Dreier

VerDate Aug 31 2005 00:34 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A18OC7.022 H18OCPT1 bajohnson on PROD1PC69 with HOUSE H11754 CONGRESSIONAL RECORD — HOUSE October 18, 2007 Duncan Kline (MN) Reynolds hour business and 2 p.m. for legislative that that is one of the compromises Everett Knollenberg Rogers (AL) business, with votes rolled until 6:30 that would really be helpful, if we Fallin Kuhl (NY) Rogers (KY) Feeney Lamborn Rogers (MI) p.m. We will consider several bills could eliminate that level that appears Flake Lewis (CA) Rohrabacher under suspension of the rules. A list of to only initially apply to the State of Forbes Lewis (KY) Ros-Lehtinen those bills will be announced by the New York. Last week, when Mr. HOYER Fortenberry Linder Roskam close of business tomorrow. and I discussed this, he suggested that Foxx Lucas Royce Franks (AZ) Lungren, Daniel Ryan (WI) On Tuesday, the House will meet at 9 if the veto was sustained, that his view Frelinghuysen E. Sali a.m. for morning-hour business and 10 was that we should have an oppor- Gallegly Mack Saxton a.m. for legislative business. On tunity to work together on a bill that Garrett (NJ) Manzullo Schmidt Wednesday and Thursday, the House could come to the House floor. And I Gingrey Marchant Sensenbrenner Gohmert Marshall Sessions will meet at 10 a.m. for legislative am wondering if the gentleman has any Goode McCarthy (CA) Shadegg business. We expect to consider H.R. information on how the majority in- Goodlatte McCaul (TX) Shimkus Granger McCotter 1483, the Omnibus Parks and Public tends to move forward now on that bill. Shuster Graves McCrery Lands Act; H.R. 1011, Virginia Ridge I yield to the gentleman. Smith (NE) Hall (TX) McHenry Mr. CLYBURN. I thank the gen- Smith (TX) and Valley Act; H.R. 505, Native Hawai- Hastert McKeon Souder ian Government Reorganization Act; tleman. I can tell the gentleman that Hastings (WA) Mica we are serious about extending cov- Hayes Miller (FL) Stearns H.R. 3685, Employment Nondiscrimina- Heller Miller, Gary Sullivan tion Act; and H.R. 3867, Small Business erage to 10 million children. I think Tancredo Hensarling Musgrave Contracting Act. On Friday, there will that the issue you just raised is an Herger Myrick Taylor Terry be no votes in the House. issue that has been talked about quite Hoekstra Neugebauer a bit, especially in the media, for the Hulshof Nunes Thornberry Mr. BLUNT. I thank the gentleman Hunter Paul Tiahrt for that information. There are really a last 2 or 3 days, and I suspect that that Walberg Inglis (SC) Pearce couple of bills I wanted to ask about is one of the things that we would be Issa Pence Walden (OR) taking a look at in order to try to Johnson (IL) Peterson (PA) Wamp that I wonder when and if they are Johnson, Sam Pickering Weldon (FL) going to be coming back. As the gen- bring some resolution to. I think, so Jones (NC) Pitts Weller tleman knows, we only have a few long as we can maintain the intentions Jordan Poe Westmoreland to cover 10 million children, everything Keller Price (GA) Whitfield more weeks of legislation outside of what we might have to do on the ap- else will be under discussion. King (IA) Putnam Wicker Mr. BLUNT. I would particularly Kingston Radanovich Wilson (SC) propriations bills. Yesterday, I spoke on the floor, and think that that would be the topic I NOT VOTING—4 just raised, where families of four could Carson Johnson, E. B. others did, in opposition to the FISA bill, the Foreign Intelligence Surveil- make up to $83,000 a year and still have Jindal King (NY) their children insured by taxpayers, lance Act bill, that was on the floor ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE would be one of the areas that, if we yesterday. We quit in the middle of could deal with that issue, that would The SPEAKER pro tempore (during that debate. I am wondering if the gen- be a significant step on the bill, maybe the vote). The Chair will remind all tleman has any information on when not the only step necessary. But if we persons in the gallery that they are that bill may come back to the floor or could now get in a situation where we here as guests of the House and that if you have any information that it could do what the vast majority of the any manifestation of approval or dis- wouldn’t be coming back. House said they wanted to do just a few approval of proceedings or other audi- I would yield. weeks ago when we definitely went on ble conversation is in violation of the Mr. CLYBURN. I thank the gen- record saying we don’t want this State rules of the House. tleman for yielding. We do expect the Child Insurance Program to go out of bill to come back to the floor, and it is b 1317 existence but we want to do what we under discussion as to when that will So (two-thirds not being in the af- can to be sure that it is meeting the be. real goals of the program. firmative) the veto of the President Mr. BLUNT. I thank the gentleman was sustained and the bill was rejected. for that. I would say that we would be b 1330 The result of the vote was announced interested in trying to continue to as above recorded. That would be helpful. And any ef- work to get a bill on the floor on this forts that we can collectively make to Stated for: important issue that a broad base of where we work together on this would Mr. KING of New York. Madam Speaker, Members of the House on both sides be, I think, helpful in reaching a con- due to the sudden circumstances regarding could support. And as we were able to clusion. And I think this too: unfortu- my mother’s health, I will not be present dur- talk about earlier today, I would hope nately, I don’t think many minds were ing today’s rollcall vote on the override of the that we would have a chance maybe to changed in the last 2 weeks, and we Presidential veto of the Children’s Health In- look at that bill one more time. lost 2 weeks that we could have been surance Program Reauthorization Act (H.R. The other bill that got a lot of atten- talking. But that’s behind us now, and 976). If I were present, I would vote ‘‘yea.’’ tion this week was the bill that was re- I’m hoping we move forward. The SPEAKER pro tempore (Mrs. ported out of the House Foreign Affairs The other major topic that I wanted TAUSCHER). The veto message and the Committee on Armenian genocide, and to ask a question about today to my bill will be referred to the Committees I wonder if my friend has any sense of friend was on appropriations. I’ve been on Energy and Commerce and Ways the status of that bill. asking every week since we started the and Means. I yield to the gentleman. new fiscal year, or approached the new The Clerk will notify the Senate of Mr. CLYBURN. I thank the gen- fiscal year, when we were going to have the action of the House. tleman. We are still looking at that some bills on the floor or to go to con- f bill, and we expect next week to have ference, rather, on bills. On the Mili- some announcements about it. tary Quality of Life bill, the Senate LEGISLATIVE PROGRAM Mr. BLUNT. I thank the gentleman Democrats have been named to the (Mr. BLUNT asked and was given for that information. We are very in- conference. The Senate Republicans permission to address the House for 1 terested in that bill. have been named to the conference. minute.) On the bill that we just voted on, a The House Republicans have been Mr. BLUNT. I yield to my good vote that would have been pretty easy named to the conference. And I’m won- friend, the gentleman from South Caro- to predict, I believe, 2 weeks ago, I no- dering if the gentleman has any sense lina, for the purpose of inquiring about ticed just this week that the Governor of when we might actually see some- next week’s schedule. of New York said that he would be will- thing now begin to happen on these ap- Mr. CLYBURN. I thank my friend for ing to accept new language in that bill propriations bills. yielding to me. that would eliminate his State’s abil- I yield to the gentleman. Mr. Speaker, on Monday the House ity to cover families at over 400 percent Mr. CLYBURN. I thank the gen- will meet at 12:30 p.m. for morning- of the poverty level. I would suggest tleman for yielding.

VerDate Aug 31 2005 00:34 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A18OC7.014 H18OCPT1 bajohnson on PROD1PC69 with HOUSE October 18, 2007 CONGRESSIONAL RECORD — HOUSE H11755 I wish I could give you some good HOUSE OF REPRESENTATIVES, complies with the requirements of H.R. 2046. sense of where we are with all of that. COMMITTEE ON APPROPRIATIONS, This divestment of state gambling enforce- As you know, these discussions are Washington, DC, October 18, 2007. ment power is sweeping and unprecedented. The bill would legalize Internet gambling taking place. The rules are a little bit Hon. NANCY PELOSI, Speaker, House of Representatives, Washington, in each State, unless the Governor clearly different with the Senate than they are DC. specifies existing state restrictions barring with us. We’ve done our work here on DEAR MADAM SPEAKER: I am submitting Internet gambling in whole or in part. On the House side. I would hope that those this letter pursuant to Rule VIII of the Rules that basis, a State may ‘‘opt out’’ of legal- conference committees will get ready of the House of Representatives. On October ization for all Internet gambling or certain real soon. I’m sure that we’ll take 11, 2007, I received a grand jury subpoena types of gambling. However, the opt-out for them up as soon as they are ready, and issued by the U.S. District Court for the Cen- types of gambling does not clearly preserve the right of States to place conditions on I hope that will be very soon. I have no tral District for California. After consulting with the Office of General Counsel, and based legal types of gambling. Thus, for example, if sense as to when that will be. I’m very on the information currently available to the State permits poker in licensed card hopeful, like you are, I’m sure, that it me, I have determined that the ad rooms, but only between 10 a.m. and mid- will all be between now and November testificandum aspect of that subpoena is not night, and the amount wagered cannot ex- 16. consistent with the rights and privileges of ceed $100 per day and the participants must Mr. BLUNT. Well, I appreciate the the House, and the duces tecum aspect of the be 21 or older, the federal law might never- gentleman’s view on that. I am hope- subpoena seeks records that are not material theless allow 18-year-olds in that State to and relevant. wager much larger amounts on poker around ful. I think we’ve got a handful of bills the clock. that have been approved now by both Sincerely, GREG LANKLER, Furthermore, the opt-outs may prove illu- the House and the Senate, bills re- Staff Assistant. sory. They will likely be challenged before ported over to the House from the Sen- the World Trade Organization. The World ate; and my view is that we’re beyond f Trade Organization has already shown itself the time when we should have been INTERNET GAMBLING REGULA- to be hostile to U.S. restrictions on Internet reaching some conclusions on these TION AND ENFORCEMENT ACT gambling. If it strikes down state opt-outs as bills, and urge the majority to work OF 2007 unduly restrictive of trade, the way will be open to the greatest expansion of legalized with the minority and find a way to (Mr. SARBANES asked and was given gambling in American history and near total get these bills done. permission to address the House for 1 preemption of State laws restricting Inter- I think in the Mil Qual Veterans area minute and to revise and extend his re- net gambling. there was a substantial increase. marks.) H.R. 2046 effectively nationalizes America’s There’s been an increase every year for Mr. SARBANES. Mr. Speaker, I rise gambling laws on the Internet, ‘‘harmo- nizing’’ the law for the benefit of foreign the last dozen years. But a substantial today to enter a letter cowritten by my increase to the tune of like $18.5 mil- gambling operations that were defying our Maryland Attorney General which laws for years, at least until UIGEA was en- lion a day in benefits to veterans and raises concerns about the impact that acted. We therefore oppose this proposal, and military families; and every day we let the Internet Gambling Regulation and any other proposal that hinders the right of that go by just complicates the deliv- Enforcement Act of 2007 would have on States to prohibit or regulate gambling by ery of those services. And I hope we the power of the States to make and their residents. can move forward. enforce their own gambling laws. In my Sincerely, Mr. Speaker, I yield back my time. view, the letter raises questions that DOUGLAS GANSLER, Attorney General of Maryland. merit the consideration of my col- f BILL MCCOLLUM, leagues. Attorney General of Florida. SEPTEMBER 28, 2007. f ADJOURNMENT TO MONDAY, DEAR CHAIRMAN FRANK AND RANKING MEM- OCTOBER 22, 2007 BER BACHUS: We, the Attorneys General of REMOVAL OF NAME OF MEMBER Ms. WOOLSEY. Mr. Speaker, I ask our respective States, have grave concerns AS COSPONSOR OF H. Res. 106 unanimous consent that when the about H.R. 2046, the ‘‘Internet Gambling Reg- Mr. KUHL of New York. Mr. Speaker, House adjourns today, it adjourn to ulation and Enforcement Act of 2007.’’ We believe that the bill would undermine States’ I ask unanimous consent to have my meet at 12:30 p.m. on Monday next for traditional powers to make and enforce their name removed as a cosponsor on House morning-hour debate. own gambling laws. Resolution 106. The SPEAKER pro tempore (Mr. On March 21, 2006, 49 NAAG members wrote The SPEAKER pro tempore. Is there CLAY). Is there objection to the request to the leadership of Congress: objection to the request of the gen- of the gentlewoman from California? ‘‘We encourage the United States Congress tleman from New York? There was no objection. to help combat the skirting of state gam- There was no objection. bling regulations by enacting legislation f f which would address Internet gambling, while at the same time ensuring that the au- HONORING THE LIFE OF RON thority to set overall gambling regulations PRESCOTT DISPENSING WITH CALENDAR and policy remains where it has tradition- WEDNESDAY BUSINESS ON ally been most effective: at the state level.’’ (Ms. WATSON asked and was given WEDNESDAY NEXT Congress responded by enacting the Unlaw- permission to address the House for 1 minute.) Ms. WOOLSEY. Mr. Speaker, I ask ful Internet Gambling Enforcement Act of 2006 (UIGEA), which has effectively driven Ms. WATSON. Mr. Speaker, I regret unanimous consent that the business many illicit gambling operators from the that the Los Angeles Unified School in order under the Calendar Wednesday American marketplace. District in California lost one of its rule be dispensed with on Wednesday But now, less than a year later, H.R. 2046 most prestigious leaders. Ron Prescott next. proposes to do the opposite, by replacing died a week ago, and for over 30 years The SPEAKER pro tempore. Is there state regulations with a federal licensing he represented the district in Sac- objection to the request of the gentle- program that would permit Internet gambling companies to do business with U.S. ramento, California, the capital. woman from California? Ron Prescott, over the years, was There was no objection. customers. The Department of the Treasury would alone decide who would receive federal voted one of the top lobbyists for chil- licenses and whether the licensees were com- dren. He was charismatic, he was diplo- f plying with their terms. This would rep- matic, but most of all, he was dedi- resent the first time in history that the fed- cated to the children of our State, and COMMUNICATION FROM STAFF eral government would be responsible for particularly the second largest school MEMBER OF COMMITTEE ON AP- issuing gambling licenses. district. PROPRIATIONS A federal license would supersede any state Ron Prescott had a way of influ- enforcement action, because § 5387 in H.R. The SPEAKER pro tempore laid be- 2046 would grant an affirmative defense encing you to do the right thing. When fore the House the following commu- against and prosecution or enforcement ac- there were several attempts to break nication from Greg Lankler, Staff As- tion under and Federal or State law to any up the unified school district, it was sistant, Committee on Appropriations: person who possesses a valid license and Ron that saved our district.

VerDate Aug 31 2005 01:52 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K18OC7.049 H18OCPT1 bajohnson on PROD1PC69 with HOUSE H11756 CONGRESSIONAL RECORD — HOUSE October 18, 2007 When you needed to know the facts nicated to the House by Mr. Sherman b 1345 on funding for certain programs, it was Williams, one of his secretaries. PREVENTABLE INFECTIONS OC- Ron who was there with the facts. f CURRING IN HEALTH CARE SET- He was never the kind to be obnox- TINGS ious, but the kind that you could un- CONTINUATION OF THE NATIONAL derstand. He was always clear. He was EMERGENCY WITH RESPECT TO The SPEAKER pro tempore. Under a always factual. He was always com- SIGNIFICANT NARCOTICS TRAF- previous order of the House, the gen- mitted. FICKERS CENTERED IN COLOM- tleman from Pennsylvania (Mr. TIM We have lost a great educator. We BIA—MESSAGE FROM THE MURPHY) is recognized for 5 minutes. mourn his loss. PRESIDENT OF THE UNITED Mr. TIM MURPHY of Pennsylvania. STATES (H. DOC. NO. 110–65) f Mr. Speaker, in the news headlines yes- The SPEAKER pro tempore laid be- terday and today, we learned that more HONORING THE LIFE OF ERNEST fore the House the following message people die from an infection called WITHERS from the President of the United MRSA than die from AIDS. The news, (Mr. COHEN asked and was given per- States; which was read and, together however, is much worse than this. And mission to address the House for 1 with the accompanying papers, without that is, if you look at the amount of minute.) objection, referred to the Committee preventable infections that occur in Mr. COHEN. Mr. Speaker, earlier this on Foreign Affairs and ordered to be health care settings, it actually is week, Memphis, Tennessee and the Na- printed: more like 90,000 people die, will die this tion lost a great photographer and a To the Congress of the United States: year from preventable infections in great public personage in Ernest With- Section 202(d) of the National Emer- health care settings, and over 2 million ers. Ernest Withers died at the age of gencies Act, 50 U.S.C. 1622(d), provides cases will occur. 85. He was a gentleman who was at the for the automatic termination of a na- The cost to our health care system in right time at the right place with the tional emergency unless, prior to the America is over $50 billion. As we look camera that took the picture that anniversary date of its declaration, the at the cost of health care and how fam- showed the civil rights movement, President publishes in the Federal Reg- ilies cannot afford it, it is important showed the history of Memphis, Ten- ister and transmits to the Congress a that this Chamber take into account nessee and its progress from segrega- notice stating that the emergency is to what we can do to reduce costs and fix tion to integration to a city that’s one continue in effect beyond the anniver- the system and not just finance the of America’s great cities today. sary date. In accordance with this pro- system. And this is one of those areas. Mr. Withers was one of the first Afri- vision, I have sent the enclosed notice Now, recently, the Center for Medi- can Americans hired as a police officer to the Federal Register for publication, care Services, CMS, also said that they in the city of Memphis in 1949. He left stating that the emergency declared would move towards not funding treat- that profession and went into photog- with respect to significant narcotics ment of preventable infections in hos- raphy. And whenever there was an traffickers centered in Colombia is to pitals. Now, although that is an impor- event, Mr. Withers was there. He took continue in effect beyond October 21, tant move, and one that will save a a picture of B.B. King and Elvis to- 2007. great deal of money and one that we gether on Beale Street. The King and The circumstances that led to the believe will help motivate health care the King together on Beale, back in declaration on October 21, 1995, of a na- centers to take more action, it still about 1956, when B.B. was thin enough tional emergency have not been re- does not help with a couple of issues. that you wouldn’t recognize him, and solved. The actions of significant nar- One is that there’s not a universal sys- Elvis was thin too. cotics traffickers centered in Colombia tem across America where citizens can He had pictures of Dr. King and the continue to pose an unusual and ex- find out what are the infection rates civil rights movement. He covered Ox- traordinary threat to the national se- within certain health care settings. ford, Mississippi; he covered Medgar curity, foreign policy, and economy of And those are important because when Evers. He covered all of the major civil the United States and to cause unpar- one is selecting a hospital for care or rights events that came throughout alleled violence, corruption, and harm going to a clinic, it would be good to the mid-South. in the United States and abroad. For know what those infection rates are. He was published in People Magazine You know, for example, it’s man- and the New York Times, and Ebony these reasons, I have determined that it is necessary to maintain economic dated by law that airlines have to re- and Jet, and was honored by the Mem- port their on-time rates for when they phis College of Art with an honorary pressure on significant narcotics traffickers centered in Colombia by block- depart or arrive at the gates at an air- degree in 1992, and by the Missouri port. However, you cannot find that in- School of Journalism for his great ing their property and interests in property that are in the United States formation about the safety levels of work in photography. the hospital which you may be going He’ll be missed in Memphis, and his or within the possession or control of for treatment or surgery, and we need collection needs to be maintained and United States persons and by depriving to make that available. made available to all citizens for re- them of access to the U.S. market and financial system. Nineteen different States require membrance of what went on during the some level of this, but, quite frankly, it civil rights era. He’ll be missed by all GEORGE W. BUSH. THE WHITE HOUSE, October 18, 2007. is a hodgepodge of different require- of us. He’ll be remembered in history f ments. Some report to the Department books and museums. of Health. Some report some diseases f SPECIAL ORDERS and not others. And we need to make REMOVAL OF NAME OF MEMBER The SPEAKER pro tempore. Under this uniform across the Nation so that AS COSPONSOR OF H. Res. 106 the Speaker’s announced policy of Jan- patients can tell and that it is an im- uary 18, 2007, and under a previous Mr. CUMMINGS. Mr. Speaker, I ask portant aspect of helping people to un- order of the House, the following Mem- unanimous consent that my name be derstand before they go into a hospital. bers will be recognized for 5 minutes removed from House Resolution 106 as Now, the thing about this is these in- each. a cosponsor. fection rates are preventable. You have The SPEAKER pro tempore. Is there f issues such as MRSA, methicillin-re- objection to the request of the gen- The SPEAKER pro tempore. Under a sistant staphylococcus aureus; pneu- tleman from Maryland? previous order of the House, the gen- monias; urinary tract infections; and There was no objection. tleman from Indiana (Mr. BURTON) is others that could be preventable by a f recognized for 5 minutes. couple of important procedures: wash- (Mr. BURTON of Indiana addressed ing hands; wearing gloves for proce- MESSAGE FROM THE PRESIDENT the House. His remarks will appear dures; sterilizing equipment; cleaning A message in writing from the Presi- hereafter in the Extensions of Re- up before and after procedures, includ- dent of the United States was commu- marks.) ing patients’ rooms and other areas;

VerDate Aug 31 2005 00:34 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K18OC7.051 H18OCPT1 bajohnson on PROD1PC69 with HOUSE October 18, 2007 CONGRESSIONAL RECORD — HOUSE H11757 making sure that visitors to the hos- PRESIDENT’S VETO OF CHIP lier this week, Mayor Sheila Dixon of pital follow these same procedures; REAUTHORIZATION my hometown of Baltimore held a wearing a hospital gown or other The SPEAKER pro tempore (Mr. press conference to call on Congress to clothes so that patients do not get ex- CLAY). Under a previous order of the override the President’s veto. She also posed from one doctor visiting one House, the gentleman from Maryland joined 20 mayors from across the coun- room to the next. Some countries even (Mr. CUMMINGS) is recognized for 5 min- try in signing a letter making the same require visitors to wear masks and a utes. appeal. Unfortunately, some of our col- gown and to scrub. I understand in the Mr. CUMMINGS. Mr. Speaker, I am leagues in this Chamber stubbornly United Kingdom they require the doc- deeply saddened that we have failed to failed to acknowledge the reality that tor to make sure they scrub and not override the President’s veto of legisla- so many of us have clearly seen. wear jewelry room to room and to put tion to reauthorize the Children’s Mr. Speaker, I could talk about the on a different gown as they go to each Health Insurance Program. This action benefits of reauthorizing CHIP as I room so that diseases are not spread. represents a misstep of historic propor- have in the past statements before this These are important steps that can tions. Chamber, but today I will take a dif- take place. However, we don’t have any It also saddens me that several Mem- ferent approach by letting my Repub- kind of universal reporting system in bers on the other side applauded when lican colleagues speak for me. Specifi- this country. this body failed to override the Presi- cally, Mr. Speaker, I will associate my- dent’s veto. By voting against this bi- self with the following comments: My bill I introduced called H.R. 1174, partisan, bicameral legislation, some Republican Senator CHUCK GRASSLEY the Healthy Hospitals Act, would help Members of Congress have turned their of Iowa said, ‘‘This is not a government to make this uniform. And that is it backs on more than 10 million poor takeover of health care. This is not so- would require the Secretary of Health children who need health insurance cialized or nationalized medicine or to come up with a system of reporting now. anything like that.’’ and hospitals would give their informa- Let me be clear. The legislation that Republican Senator ORRIN HATCH of tion and there would be an annual re- was vetoed today was an excellent Utah called the bill ‘‘an honest com- port to Congress of best practices to re- piece of legislation, and our children promise which improves a program duce these deadly diseases. will be worse off without it. The con- that works for America’s low-income It is tragic that more people die from tinuing resolution that we passed will children.’’ infection they pick up at a health care temporarily cover children who are Republican Congressman DON YOUNG center each year than all of our sol- currently enrolled in CHIP, but the un- of Alaska said, ‘‘Issues such as the diers who died in Vietnam. And if we certainty surrounding the program’s health and well-being of our Nation’s saw this as the emergency that it is, if, future leave our children’s futures un- children are nothing to play politics for example, we had heard that a plane certain. Some States are already indi- with and nothing to scrimp on.’’ crashed somewhere and a couple hun- cating that they will make cuts to the Republican Congressman VITO dred people died, we would know that program if they cannot rely upon a FOSSELLA of New York said the bill all sorts of Federal agencies would be steady Federal funding stream. ‘‘will put millions of young people on all over that investigating that. If the Further, the continuing resolution the road to a longer and healthier life.’’ next day another plane crashed and a fails to address many of the critically And, finally, Republican Congress- couple hundred more died, an uproar important measures that we included man WAYNE GILCHREST from my home would be across America as to what is in the reauthorization. Notably, den- State of Maryland expressed his sup- happening to airplane safety. If it hap- tal, mental, and vision coverage are all port for the bill, noting, ‘‘It focuses on pened a third day in a row, probably we absent. the lowest income kids and fixes a lot would shut down the airports. But We need no greater reminder of the of problems with the current pro- here, when someone dies every 5 min- need for these provisions than the re- gram.’’ utes, new infections occur all the time, cent death of Deamonte Driver, a 12- Mr. Speaker, I deeply regret that the we do not take this kind of action. And year-old boy from my home State of President and some of our colleagues we need to see this as an emergency, Maryland who died when an untreated lack the foresight to recognize the crit- particularly because there has been a tooth infection spread to his brain. ical importance of passing the CHIP reauthorization. We simply must regroup number of hospitals which have tack- Yes, he died. Those who voted against this bill and pass this vital piece of legislation. led this problem and have solved this have ignored the calls of more than 81 Access to quality care is not a privi- problem and have virtually eliminated percent of the American people and lege; it is a right. We cannot afford to some of their infection rates. We need members of the Democratic and Repub- play politics with our children’s lives. to do this as a nation. lican Parties who support the initia- f In addition, my bill, H.R. 1174, would tive. Because of their lapse in judg- FISA MONTH also provide, from the savings that ment, 4 million uninsured children, come from reducing these infections, a 65,500 of them from my home State of The SPEAKER pro tempore. Under a grant program to hospitals that have Maryland, will be denied the coverage previous order of the House, the gen- been able to massively reduce or elimi- that Congress intended to grant them. tleman from California (Mr. DANIEL E. nate their infection rates. Further, my colleagues who voted LUNGREN) is recognized for 5 minutes. Mr. DANIEL E. LUNGREN of Cali- We need to gather together as a Con- against this bill have shut the doctor’s fornia. Mr. Speaker, I found the com- gress and no longer ignore this prob- office door on approximately 6 million ments of my friend from Maryland very lem, which is leading to so many children who currently rely on CHIP interesting. I would just remind the deaths. We need to acknowledge those for health insurance. Speaker and all who have looked on hospitals and health care settings that It chills the conscience to think of the vote today about the veto of SCHIP are leading to major changes and all those children who will be forced that when we passed the continuing cleaning this up and also help those out of care. It is particularly upsetting to con- resolution, we passed a continuation of hospitals that are not. We can no sider how this will affect children with SCHIP. So no children should be af- longer hide from this problem when we chronic disease who rely upon the fected adversely during these weeks as see in the news the number of deaths CHIP benefit to get the care they need we work to reach the compromise that that are occurring there, and even now to simply survive. Lives are in the bal- the President has said he is working so many have this, the things that are ance. for. occurring in schools as well. Bipartisan coalitions, including the Mr. Speaker, I thought this should be We have to take vigorous action as a National Governors Association and called the ‘‘FISA Week,’’ Foreign Sur- nation to save these lives. And I would the United States Conference of May- veillance Intelligence Act Week. But hope that my colleagues would sign on ors, recognize the unique moral obliga- now because of the actions of the ma- as supporters of this bill. tion we have with this legislation. Ear- jority, we were not able to vote on that

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Monday night, the girls swim So let us call this the ‘‘FISA Month,’’ order in order to use whatever he said, team at Cheshire High School tran- since we now know there is consider- that is, the mafioso member, against scended statistics and records and wins ation for bringing the FISA bill back his interest. And here we would say and losses. And the most important next week and the importance of FISA, that if in this conversation Osama bin marker that they set down that night foreign intelligence surveillance, can- Laden said something that didn’t im- was not as the best swim team in the not be overestimated. plicate the American but did give us country, but as a bright, beaming em- Yesterday, the Speaker of the House information as to where Osama bin blem of a resurgent community with so took the floor in the debate on the rule Laden was located or where Osama bin much to celebrate. and, in a diplomatic or parliamentary Laden was going to move, we would be You see, my town has been grieving tour de force, managed to contradict prohibited from using that informa- over the past several months. And it’s the United States Constitution, every tion, disclosing that information, dis- hard to figure out what else to do when decision made by the United States Su- seminating that information, or keep- you wake up one morning and find out preme Court on this issue, and the de- ing it for more than 7 days unless we that three of your neighbors, a mother cisions made by the appellate court of went to a court for a new court order. and her two young, vibrant daughters, FISA, the FISA Courts. And that was That is nonsense. That gives Osama lost their lives in an unspeakable act of when she suggested that the Constitu- bin Laden more protection than an barbarism. It becomes difficult, impos- tion does not grant any inherent au- American citizen in the United States sible even, to square the wonderful, se- thority to the President to involve who is being investigated for a crimi- rene existence of life in a quiet small himself or direct, that is, foreign intel- nal offense. That is nuts. Not only is it town with the random and brutal acts ligence. As a matter of fact, every Su- nuts, it is dangerous to the American of violence that left Dr. William Petit preme Court decision since the begin- people because it creates a situation in mourning the unexplainable loss of his ning of the Republic has recognized which we would be blinded about infor- family. that. With respect to exclusivity of the mation which would give us an ability, How do you reconcile the two? How law, every Supreme Court decision has first of all, to find out what the dots do you wake up, even for those of us recognized that such a law cannot be are and then to connect the dots as to who didn’t know the family personally exclusive, as does the FISA Court, the what the threat is against the United or live in that neighborhood, and pre- appellate court under the FISA struc- States. There is no rationalization for tend that the veil of safety and good- ture itself. it, but it is part and parcel of what we ness that always seemed to envelop Interestingly, however, when we do have heard from the other side that we Cheshire, Connecticut, was still there look at FISA, the bill that was brought need to give now habeas corpus rights after that? I thought about little else forward to us as a result of a manager’s to those people we found on the battle- in the days and weeks following that amendment’s being incorporated into field around the world who are unlaw- incident, and I know that I wasn’t the bill presented to us, it contains ful enemy combatants. It is part and alone. this language: This deals with the situ- parcel of a program that puts us at But then the unexpected happens. ation in which we have, everyone risk. And I know it sounds silly to even talk agrees, a constitutionally permitted I would ask us to consider it seri- about a murder and a swim team in the wiretap or otherwise means of col- ously next week. same sentence and, frankly, of course, lecting communications between the two are incomparable, but therein Osama bin Laden, a terrorist target in f lies the problem. There is no and there a foreign country, a foreigner in a for- b 1400 will be no one clear moment when we eign country. We have every right to collectively decide that the moral CONGRATULATING CHESHIRE HIGH gather that information under the law. order has been restored in our commu- SCHOOL GIRLS SWIM TEAM There’s no disagreement. But here is nity. And so we’re left to seek out what happens under the bill presented The SPEAKER pro tempore. Under a those moments that simply remind us to us: previous order of the House, the gen- of why we love Cheshire in the first If the electronic surveillance referred tleman from Connecticut (Mr. MURPHY) place and why we have confidence that to in that paragraph dealing with what is recognized for 5 minutes. our community will heal, that we will we presume to be foreign-to-foreign Mr. MURPHY of Connecticut. Mr. persevere, and that we will recover. communications inadvertently collects Speaker, you know, we live in a world This week is one of those moments. a communication in which at least one that’s hard to reconcile sometimes. I didn’t grow up in Cheshire, so I cer- party to the communication is located Now, our focus often is on the evil that tainly can’t claim to know the town inside the United States or is a United exists in this world, but all too often like those who call it their birthplace, States person, the contents of such we let that focus overwhelm the but I did know a good thing when I communication shall be handled in ac- counterbalancing good things that hap- found it. And Tuesday morning, when I cordance with minimization procedures pen in our communities every day. And heard that the record had broken, I adopted by the Attorney General, and, I rise today to recognize that strange, couldn’t help but wonder whether it now, this is the important language, delicate symmetry in my hometown of wasn’t just a coincidence that a na- ‘‘that require that no contents of any Cheshire, Connecticut. tional record 21 years in the making communication to which a United This week, the Cheshire High School matured at the very moment that a States person is a party shall be dis- girls swim team broke the record for burst of good news was most needed in closed, disseminated, or used for any the longest dual-meet winning streak our community. And I couldn’t help purpose or retained for longer than 7 in American history with their 235th but think about how this streak, which days unless a court order’’ is given, straight victory. As you can imagine, started two decades ago and has been ‘‘or,’’ further it says, ‘‘unless the At- this is a pretty remarkable record to the careful construction of hundreds of torney General,’’ and this requires him break. In fact, the girls on this record- girls and thousands more family mem- specifically, ‘‘determines that the in- breaking swim team that broke the bers, friends, supporters and coaches formation indicates a threat of death record on Monday night weren’t even stands as a testament to the strength, or serious bodily harm to any person.’’ alive when that streak began some 21 persistence and spirit of our little Now, why is this unfortunate? It is years ago. town, not just on one night, but over unfortunate because it changes the I wasn’t there Monday night, unfor- the span of decades. way we handle minimization in the tunately, but hundreds of parents and And so, yes, one unspeakable act can criminal justice context. If we have a friends and siblings and supporters and probably should shake the con- legal wiretap on a mafioso member and were in attendance, and I heard that fidence and faith of a community. And

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The shared attribute is that Park Service decided it was time for place to live. Well, we found one this they all spoke fluent German to be able the men of P.O. Box 1142 to finally be week. to interact with their captives. Many acknowledged. On October 5 and 6, the And so, Mr. Speaker, I rise today to were Jewish, to ensure their loyalty to National Park Service held the first- congratulate the Cheshire High School America’s mission. And most had ever reunion of the veterans of P.O. girls swim team and to thank them for friends and family battling on the front Box 1142 at Fort Hunt Park. The vet- everything that they have done. Chesh- lines against Nazi Germany. To them, erans raised the American flag in the ire is a pretty special place to live, and the war was personal and would impact post’s original flag pole setting and Monday night reminded us of why that their lives forever. memorialized the grounds. is. Despite these circumstances, their Today, I’m proud to play a small part f interrogations never resorted to tor- in giving justified credit for the tre- CALLING FOR A SECURITY ture, used violence, or implemented mendous work performed at P.O. Box SUMMIT AT O’HARE AIRPORT cruel tactics to obtain the vital infor- 1142. Along with my northern Virginia mation required to support our Nation colleagues, Congressmen TOM DAVIS The SPEAKER pro tempore. Under a at war. Instead, their most effective in- previous order of the House, the gen- and FRANK WOLF, I’m introducing a terrogation technique was to start a long, overdue resolution to honor the tleman from Illinois (Mr. KIRK) is rec- dialogue to develop trust with their men of P.O. Box 1142. ognized for 5 minutes. captives. They all talked with their Mr. KIRK. Mr. Speaker, today’s USA Mr. Speaker, I extend my apprecia- captives, played card games, took Today reports on a major security fail- tion to these veterans. The Nation walks, discussed their lives, and ulti- ure at two of our Nation’s largest air- owes a great debt to them for their sac- ports, Chicago’s O’Hare and LAX. In a mately obtained the necessary infor- rifice to our Nation during a time of simulation conducted by the Transpor- mation from their captives. Despite the war for their pursuit of critical intel- tation Security Agency, screeners at apparent simplicity of these methods, ligence, while maintaining the highest LAX missed 75 percent of hidden explo- these interrogations resulted in the level of integrity and America’s moral sives and bomb parts carried through discovery of most of Germany’s secret values, and for their intrepid actions the security by undercover TSA weapons programs. that have, until very recently, gone P.O. Box 1142 learned about research agents. unacknowledged. Screeners at Chicago’s O’Hare missed to develop the atomic bomb, the jet en- f these items 60 percent of the time. Ac- gine and the V–2 rocket, all tech- The SPEAKER pro tempore. Under a cording to the report, bomb materials nologies that became essential infor- previous order of the House, the gen- were packed away in toiletry kits, mational components in waging the tleman from Arizona (Mr. FRANKS) is briefcases and CD players. Now, more Cold War. The detainment and interro- recognized for 5 minutes. than 6 years after September 11, we gation of high-ranking German offi- (Mr. FRANKS of Arizona addressed have to fix the security failures at cials, such as Reinhard Gehlen, who the House. His remarks will appear major hubs like O’Hare and LAX. ran the German intelligence oper- Security officials should call a secu- ations, advanced our military intel- hereafter in the Extensions of Re- rity summit, bringing together local ligence operations well beyond the So- marks.) viet Union’s capabilities. leaders and the Departments of Home- f In advancing the Nation’s interests land Security and Transportation to The SPEAKER pro tempore. Under a schedule intensive retraining for TSA and uncovering vital secrets, the inter- rogators at P.O. Box 1142 never re- previous order of the House, the gen- screeners, new testing standards, and tleman from Maryland (Mr. WYNN) is accountability for lapses in security. sorted to tactics such as sleep depriva- tion, electrical shock, or recognized for 5 minutes. Much of our safety and a great deal (Mr. WYNN addressed the House. His of our economy depends on the security waterboarding. Their captives were never sexually abused, humiliated, or remarks will appear hereafter in the of O’Hare Airport. We can do this. And Extensions of Remarks.) a security summit to fix this glaring tortured. They never resorted to the security problem would help. methods that have recently branded f our Nation so negatively. As a result of f The SPEAKER pro tempore. Under a the war on terror, I’m afraid that previous order of the House, the gentle- POST OFFICE BOX 1142 America is now haunted by lasting im- woman from Ohio (Ms. KAPTUR) is rec- RESOLUTION ages of Abu Ghraib and Guantanamo ognized for 5 minutes. The SPEAKER pro tempore. Under a Bay. The current intelligence commu- (Ms. KAPTUR addressed the House. previous order of the House, the gen- nity can learn from the men of P.O. Her remarks will appear hereafter in tleman from Virginia (Mr. MORAN) is Box 1142. For all our sake, I hope it’s the Extensions of Remarks.) recognized for 5 minutes. not too late. Mr. MORAN of Virginia. Mr. Speak- Despite the vital work that the inter- f er, from 1942 through the end of the rogators at P.O. Box 1142 performed, Second World War, a top secret mili- their activities remained closely held REMOVAL OF NAMES OF MEM- tary intelligence service operated clan- secrets by those who worked at the BERS AS COSPONSORS OF H.R. destinely on the shores of our own Po- post. Many of these men never told 1396 tomac River. At Fort Hunt Park, along family or loved ones. It wasn’t until Ms. WOOLSEY. Mr. Speaker, as a the GW Parkway, a secret installation park rangers from the GW Memorial sponsor of H.R. 1396, and because we in- operated silently in the shadows of our Parkway uncovered declassified docu- advertently transposed some numbers, Nation’s Capital. ments and met former officers of P.O. I ask unanimous consent that Rep- Known only by its mailing address, Box 1142 that the operations that oc- resentatives NITA LOWEY, RICHARD P.O. Box 1142, the men and women at curred at Fort Hunt Park during World NEAL, and ARTUR DAVIS be removed as this post provided the military intel- War II became known. cosponsors of H.R. 1396. ligence that helped bring an end to Under the encouragement of the Na- The SPEAKER pro tempore. Is there World War II and gave the United tional Park Service, these park rangers objection to the request of the gentle- States an early advantage in the Cold identified veterans of P.O. Box 1142. woman from California? War. They conducted professional oral his- There was no objection.

VerDate Aug 31 2005 00:34 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K18OC7.059 H18OCPT1 bajohnson on PROD1PC69 with HOUSE H11760 CONGRESSIONAL RECORD — HOUSE October 18, 2007 THE PRESIDENT’S PRIORITIES and maintaining an embassy in Iraq say how moving it was for me to play The SPEAKER pro tempore. Under a while Iraq’s infrastructure collapses some small role in putting what I be- previous order of the House, the gentle- around them, it compromises the safe- lieve was a stitch in a tear in the fabric woman from California (Ms. WOOLSEY) ty of our troops abroad. And when the of the first amendment, freedom of the is recognized for 5 minutes. administration refuses to end the occu- press. In that legislation known as the Ms. WOOLSEY. Mr. Speaker, all too pation in Iraq, it assures that countless Free Flow of Information Act, we cre- often we’ve seen this administration generations will suffer for their mis- ated for the first time a privilege, a turn a blind eye toward the priorities takes. qualified privilege for reporters to keep of our very country. While the adminis- Mr. Speaker, the priorities of the information and sources confidential. tration has consistently failed to dem- American people are clear. They want Now, this was not a radical step. onstrate restraint when it comes to es- to provide health care for children. Some 33 States already have statutes calating the occupation of Iraq, it has They want to promote peace and pro- that protect a reporter’s privilege. But cold-heartedly insisted on denying the tect our troops. They want us to fully it was the first time that it has suc- children of struggling working families fund the efforts to bring our troops ceeded in passing the House of Rep- with health insurance in the name of home. They want us to do it now. resentatives on the Federal level. And fiscal discipline. Once again, the values f we await action by the Senate on similar legislation and hope for a con- of the administration are glaringly out b 1415 of step with the values of the American ference committee and resolution of people. THE FREE FLOW OF INFORMATION the matter that it might be sent to the The administration will not stand for ACT President. We also hope, despite con- accountability, transparency, or dis- The SPEAKER pro tempore. Under cerns expressed by the administration, sent when it comes to ending the occu- the Speaker’s announced policy of Jan- that we can continue to shape this leg- pation of Iraq. They will, however, sup- uary 18, 2007, the gentleman from Indi- islation, continue to work with the port another blank check, resulting in ana (Mr. PENCE) is recognized for 60 good men and women in the Depart- more lives lost and more of our prior- minutes as the designee of the minor- ment of Justice Criminal Division to ities left unfunded. ity leader. dial it in in such a way that would Earlier today, the House voted on Mr. PENCE. Mr. Speaker, I come to make it possible for this President to overriding the President’s veto of the the floor weary but well after a week in sign this legislation. children’s health insurance reauthor- which I have had the privilege of being I come before you today not just be- ization, or SCHIP. When the President involved in not one but two debates cause I was privileged to co-author leg- vetoed SCHIP, he argued that the ap- over the very freedoms enshrined in islation that protected a reporter’s pearance of fiscal responsibility was the first amendment of the Constitu- right to the freedom of the press and a more important than the health of 10 tion of the United States. I am hum- free and independent press enshrined in million of our children in this Nation. bled as someone who not only has been the Constitution, but also because I But when we learned that insuring 10 charged with public duties in rep- have authored one other piece of legis- million children in America for 1 year resenting the good people of eastern In- lation about which we have taken ac- costs the same as 40 days in Iraq, it is diana here on the floor of the Congress, tion this week which is also about free- clear that the administration does not but I am humbled as someone who, dom of the press. It is called the Broad- have its priorities straight. from my youth, has been fascinated caster Freedom Act. It is principally Mr. Speaker, supporting our service with the freedoms enshrined in the my purpose for coming before the men and women is certainly our abso- first amendment of the Constitution of Chamber today. But in each case, I lute responsibility. Our Nation has an the United States. want to begin by saying, Mr. Speaker, obligation to those who sacrifice and This week, I had the privilege of see- that I see the two as inextricably defend us during times of war. How- ing legislation that I authored 3 years linked, that the work that Congress- ever, our servicemembers in Iraq were ago come to the floor of this Congress man RICK BOUCHER and I with, now, sent into combat without adequate and be adopted in overwhelming and bi- 390-plus of our colleagues to strengthen training, without state-of-the-art body partisan measure. It was legislation a free and independent press for those armor and equipment, and without as- known as the Free Flow of Information who engage in the business of reporting surances that their tours of duty will Act that I first introduced in the last the news, we were attempting to do not be overextended. The glaring fail- Congress in partnership with Congress- just as vigorously and just as effec- ures in Iraq show that not only is the man RICK BOUCHER of Virginia, and our tively for those who commentate on Bush administration defunding our Na- journey over these last 36 months the news. Because it has been the sub- tion’s priorities to continue the occu- brought us to that moment, this Tues- ject of commentators, especially com- pation, but that it is allowing much of day, where we were able, through reg- mentators on talk radio in America, that money to be wasted. ular order, through a thorough process about which there has been much dis- The Inspector General has reported of committee hearings and markups cussion and much consternation since that $8.8 billion appropriated for Iraq’s and amendments on the floor, to see this summer. And as I will expand fur- reconstruction cannot be accounted the first Federal legislation concerning ther, there has been what I would char- for. Media sources have recently re- the freedom of the press to be adopted acterize as, both on Capitol Hill and off ported that the administration is con- by this Congress, a sense that freedom Capitol Hill, troubling discussion about structing a $600 million American Em- was enshrined in the first amendment returning censorship on the airwaves of bassy located in the Green Zone in and added by Congress to the Constitu- America by reimposing what used to be Iraq. This embassy, which is the larg- tion itself. known as the Fairness Doctrine on est in the world, in fact, it is larger What was especially gratifying to me radio and television broadcast outlets than the Vatican, this embassy will in- was that we did it in a bipartisan way. in this country. clude grocery stores, a movie theater, Because I want to say as a recurrent I want to begin by stitching these tennis courts and a social club. theme this afternoon that on this floor two projects together because I think It will require $1 billion a year to there are many differences of opinion, they are linked. Back in southern Indi- keep it up and to be maintained. In- but freedom is not a partisan issue in ana, we like to say ‘‘what is good for stead of our children’s health care, the the House of Representatives. And the the goose is good for the gander.’’ The priorities of the Bush administration freedom of the press and the freedom of press freedom that our Founders en- seem to be waste, fraud and abuse. speech proved this week not to be a shrined in the first amendment for Mr. Speaker, when the administra- partisan issue, when 398 of our col- those that engage in reporting is also tion vetoes a bipartisan investment in leagues came together across the par- the same freedom I would argue that health insurance for our Nation’s chil- tisan divide to say ‘‘yes’’ to a free and protects those that are engaged in dren, it rejects the priorities of the independent press. commentating. We tend to forget that American people. When the adminis- I come before this Chamber today, opinions that we hear, left, right and tration spends billions on constructing Mr. Speaker, to say ‘‘thanks’’ and to center, on radio and television are

VerDate Aug 31 2005 00:34 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K18OC7.064 H18OCPT1 bajohnson on PROD1PC69 with HOUSE October 18, 2007 CONGRESSIONAL RECORD — HOUSE H11761 every bit as much protected by the is all tied up in our duty that each one The reality is that from 1939 to 1987, first amendment freedom of the press of the 435 Members of this Congress when the Federal Communications than those who are typing copy and embraced in taking that oath of office. Commission struck down the Fairness bylines that appear on the front page Because I can’t help but feel that Doctrine on its own, there was vir- of the Indianapolis Star, the Muncie whether it was the erosion of an inde- tually nothing like what has come to Star Press, the New York Times or the pendent press and a rising tide of re- be known left, right and center as Washington Post. And the business of porters being threatened with sub- American talk radio today. In fact, it reporting and the business of commen- poenas, subpoenaed, and even being put is almost inarguable that the dynamic tating are two time-honored traditions into jail that was encroaching on that forum that has emerged as talk radio in the practice of American press that injunction in the first amendment, I today virtually began with the repeal I have been able to be a part of also believe that much of the talk of the Fairness Doctrine in 1987. strengthening and defending this week. about restoring regulation and out- So the first part of this debate, Mr. As I said, now on the first, the cre- right censorship to the airwaves of Speaker, is we don’t need to wonder ation of a reporter’s privilege, we were America, particularly the radio air- what American broadcast radio would able to come to the floor and pass that waves of America, is also violative of look like if the Fairness Doctrine were legislation out of the House in strong that specific language in the first re-imposed. We have four decades of ex- bipartisan measure. On the second, we amendment. perience. We know precisely what the took action this week to file a, Mr. Now, about the Fairness Doctrine. public airwaves would look like if we Speaker, what is known as a discharge The American people love a fair fight, returned to this arcane rule of content petition at the Calendar here in the and so do I, especially where the issues regulation. House of Representatives to enable the of the day are debated. But I would Truthfully, I think the most likely Broadcaster Freedom Act to come to submit that in a free market, fairness outcome is not that radio stations that the floor for an up-or-down vote. should be based on equal opportunity, carry Rush Limbaugh would also carry I want to explain to my colleagues not equal results. And the fairness doc- Alan Colmes. The reality is, faced with and to anyone else looking on the im- trine, as it was applied to 4 decades in recordkeeping, red tape, potential legal port of that discharge petition and why American radio, was a doctrine that, fees that would attach to a Fairness I believe it is every bit as important while it was perhaps borne of the best Doctrine challenge filed with the FCC, that we have a vote on the Broadcaster intentions, it was not about the equal and potential loss of their license, most Freedom Act as I believed it was im- opportunity in a wide range of ideas, of the 2,000 radio stations today that portant that we have a vote on the but it was about dictating results on carry talk radio simply wouldn’t carry Free Flow of Information Act. the airwaves of America. Here is where it any more. Let me take a half step back and say it came from. Now why do I know this? Let me be once again what a joy it was for me on The Radio Act of 1929 was passed into a little bit autobiographical for a sec- both of these measures to be doing law by this Congress, perhaps well-de- ond, Mr. Speaker. Before I was elected freedom’s work here on the floor of the bated in this very room. When it be- to Congress in the year 2000, I made a Congress. Because we debate many came law there were, quite frankly, living in radio. I had a call-in talk things in our various committees and Mr. Speaker, very few radio stations in radio show heard exclusively in Indi- responsibilities here, some foreign, America. I don’t know the exact num- ana. It was carried on 20 different radio some domestic, and some having to do ber off the top of my head, but radio at stations, from 9 a.m. to noon. I tell with spending, some things as mundane the time of the Depression was in its people sometimes I was Rush as roads and bridges and potholes, but infancy. By the time that the Federal Limbaugh on decaf. I was conservative, as we saw today with our newly elected Communications Commission got but wasn’t in a bad mood about it. We had all different sides on. But I would colleague, Congresswoman TSONGAS around to passing the regulations that bring my cheerful conservative per- from Massachusetts, every one of us came to be known as the Fairness Doc- spective to bear across the airways of takes a very simple oath. We raise our trine in 1939, there was virtually no television in America, and radio was still heartland Indiana every day. right hand, as she did in this Chamber Mr. Speaker, I started in radio in lit- today, in a moment I was privileged to in its infancy. Many communities in America, having no indigenous radio tle old, no pun intended, Rushville, In- attend as a new colleague. We raise our diana, in 1989, a little tiny show that right hand and we take an oath to sup- station at all, but the regulations folks then came along and said, look, there aired from 6 to 6:30 p.m. That gave rise port and uphold the Constitution of the to a weekend show, and that gave rise United States and to protect her is a limited number of radio stations in America, in 1929 to 1939, and so the to a daily show, and then I was in syn- against all enemies, foreign and domes- thought was because they are, the air- dicated radio for the better part of 7 tic. It is at the very center of what we waves belong to the public, that, in ef- years. It was a blast. I enjoyed it. When are here to do. In the first amendment fect, the Federal Communications the opportunity came for me to go into of that Constitution, this Congress is Commission ought to make sure that public service, I was torn because I so specifically enjoined. We are, in effect, both sides of controversial issues is de- enjoyed the opportunity to get in front commanded by our Founding Fathers bated fairly and evenly. It sounded rea- of that microphone and talk to Hoo- to make no law abridging the freedom sonable enough at the time, I suspect, siers every day about the things that of speech or of the press. It was an ap- and while it rubs against my more lib- were important to them and share my plication of that principle, a principle ertarian instincts, I will say, there philosophy of government. that I believe is a principle of limited may have been a legitimate basis for My wife and I ultimately felt a call- government, because I happen to be- the Fairness Doctrine in 1929, less so, ing in our life to public service. We lieve in my heart of hearts, as I said but maybe in 1939, because of the stepped forward. I never looked back. during the debate over the Federal scarce number of radio signals that But I lived in the business for a long media shield bill this week, that as a were there. But from 1939 to 1987, for 4 time. I spent a lot of time driving conservative who believes in limited decades, the Fairness Doctrine reined around to little radio stations across government, I think the only check on on the airwaves of America. Indiana and dropping off tapes to sta- government power in real-time is a free tion managers and asking them if they and independent press. There is actu- b 1430 would carry what we conveniently en- ally nothing more consistent with my As we learned in those 40-some-odd titled ‘‘The Mike Pence Show.’’ belief in limited government than my years, there is nothing fair about the So I know these radio station owners, vigorous defense and advance of the in- Fairness Doctrine. The elements of this and I know that a lot of them run these terests of a free and independent press. regulation that were designed to en- stations on a shoestring. The reality is, Now, that being said, while we have sure that both sides of the argument and the reason why, when the Fairness the success on the one, we need an up- were heard ended up having the effect Doctrine was in effect, there were 200 or-down vote on the other for reasons of ensuring that in most cases, on most talk radio stations in America, and that I want to describe. But I want to radio stations, no sides of the argu- after the Fairness Doctrine was re- be clear on the point that I believe this ment were heard. pealed, there are now 2,000 talk radio

VerDate Aug 31 2005 00:34 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K18OC7.066 H18OCPT1 bajohnson on PROD1PC69 with HOUSE H11762 CONGRESSIONAL RECORD — HOUSE October 18, 2007 stations in America, is because, quite ments. And the result is that, you Broadcaster Freedom Act simply says frankly, when the Fairness Doctrine know, they have been able to squeeze this, Mr. Speaker: it says that the Con- was in effect, most radio stations just down, squeeze out opinions of opposing gress takes away from the FCC the said we can’t deal with the con- views, and I think it’s been an impos- power to re-impose the Fairness Doc- troversy, the recordkeeping, the making transition in the imbalance of our trine without an act of Congress. ing sure that we live up to Federal reg- public.’’ Now why is that necessary? Well, I ulations. For heaven’s sake, we can’t Mr. Speaker, three of the most pow- hasten to remind my colleagues and live with the risk that somebody would erful Members of the United States anyone looking in that the FCC did file a complaint with the Federal Com- Senate this summer, in the wake of the away with the Fairness Doctrine in munications Commission and we would collapse of the amnesty bill that the 1987. They were doing away with a reg- possibly lose our license. Senate was attempting to move, ex- ulation that they created. Therefore, if I saw in the years immediately fol- pressed with frustration the need to re- the FCC were to change its mind, it lowing the repeal of the Fairness Doc- turn Federal regulation of the airwaves could bring back the Fairness Doctrine trine radio station owners beginning to of America. American Spectator re- without ever consulting the Congress. awaken to the fact that they could put cently reported that according to two The truth is, the next President of the commentators on the airwaves and Members of the House Democratic Cau- United States is, whoever he or she enjoy freedom and let nothing other cus, Speaker NANCY PELOSI and STENY might be, were they sympathetic to the than the marketplace itself choose who HOYER, they will ‘‘aggressively pursue opinions expressed by Senator RICHARD was going to succeed on their radio sta- reinstatement of the so-called Fairness DURBIN, Senator JOHN KERRY, and oth- tion. As my friend, the former majority Doctrine over the next six months.’’ ers that we need to re-impose the Fair- leader, Dick Armey, loves to say often, That was reported on May 14. ness Doctrine, re-impose provisions of and I give him credit for the phrase, When I brought an amendment to the regulations like equal time and other freedom works. floor this summer that would just buy things, that President, whoever he or The truth is, after the Reagan admin- a 1-year moratorium to the re-imposi- she might be, could make virtually one istration struck down the Fairness tion of the Fairness Doctrine, while 107 appointment to the FCC and restore Doctrine, we saw an explosion of talk of my Democratic colleagues voted the Fairness Doctrine like that. I think radio. Frankly, most of the talk shows with us, none of the Democratic leader- the American people have a right to that have succeeded on a national level ship or any of the leadership of the know that. The Broadcaster Freedom reflect a center right philosophical per- powerful committees of jurisdiction Act essentially says we are taking that spective. The truth is, Mr. Speaker, voted with us to prevent the Fairness power away from the FCC to re-impose that in many of the largest markets Doctrine from returning. the Fairness Doctrine. It’s just that around the country, some of the most Mr. Speaker, there are other exam- simple and no more complex than that. Mr. Speaker, why do we need to do popular talk show hosts are self-de- ples of distinguished colleagues who this? Then I will talk a little bit about scribed liberals, or progressives and I have every right to hold the views they what we are doing tactically and stra- hold. I do not question their integrity say more power to them. tegically to get an up-or-down vote. The truth is that the reality of or their sincerity; I just disagree with The reason we are doing it, I think, American talk radio today is as diverse them vigorously. I do not accept the frankly, is because who’s against fair- as the American people. And yet, and conclusion of the Center for American ness? I have to tell you that I was not now I shift on the reason for the Broad- Progress, run by the former chief of terribly surprised when a recent na- caster Freedom Act and the reason for staff of the Clinton administration. tional poll done by the Rasmussen poll- us taking the extraordinary measure of John Podesta, one of the most highly ing firm found that 41 percent of those filing a discharge petition on the floor regarded thinkers in the modern Demo- surveyed said they would be willing to of the Congress, I say with a heavy cratic Party today, runs a think tank. require radio and TV stations to offer heart that some on Capitol Hill are That group published an extensive equal amounts of conservative and lib- calling for a return of the Fairness cross-tabulated report this summer eral commentary, and only 41 percent Doctrine to the airwaves of America. from their Center for American said they opposed. Mr. Speaker, I will offer some quotes, Progress entitled: ‘‘The Structural Im- So literally the American people, as with great respect to colleagues in this balance of American Talk Radio.’’ we stand today, having not had this na- Chamber and the next. Senator RICH- While their proposal did not specifi- tional debate, are fairly evenly divided ARD DURBIN said, as quoted in The Hill cally call for the Fairness Doctrine, on what I believe amounts to censor- on June 27: ‘‘It’s time to reinstitute the frankly, it called for much worse. It ship of the airwaves of America. But, Fairness Doctrine.’’ The Senate major- called for a whole new range of regula- again, it’s because of that pernicious ity whip, DICK DURBIN of Illinois, went tions involving ownership and consent word ‘‘fairness.’’ We have seen an en- on to say: ‘‘I have this old-fashioned on the airwaves of America. tire cable television network built on attitude that when Americans hear So before anyone dismisses our ef- the catch phrase ‘‘fair and balanced.’’ both sides of the story, they are in a forts in trying to bring the Broadcaster Yet, as I said at the outset of my re- better position to make a decision.’’ Freedom Act to the floor of the House marks on the House floor today, there Senator DIANNE FEINSTEIN told the of Representatives as just more poli- is nothing fair about the Fairness Doc- same publication that she is, in fact, tics, let me say that I believe that it is trine. The reality is that were we to ‘‘looking at’’ reviving the Fairness imperative that the American people bring back this archaic rule to the air- Doctrine. She told Fox News on Sun- know that the next President of the waves of America, we would see talk day, June 24, that she was reviewing United States, whoever he or she might radio as we know it either greatly di- the Fairness Doctrine ‘‘because talk be, could reinstate the Fairness Doc- minished or essentially vanish from radio is overwhelmingly one way,’’ in trine without an act of Congress unless the American political debate. her words. Senator JOHN KERRY, the we pass the Broadcaster Freedom Act. So the Broadcaster Freedom Act I former Democratic nominee for Presi- Now, let me get to the legislation think is an effort to run to the sound of dent of the United States, and easily and make a few other comments about the guns on behalf of freedom. I hope one of the most respected and powerful our extraordinary measure in the dis- that my colleagues who know me well Members of the United States Senate, charge petition that we filed this week. know that I bring the same sincerity of told the Brian Lehrer radio show on The legislation itself is very simple. purpose to this mission as I brought to June 26: ‘‘I think the Fairness Doctrine The Broadcaster Freedom Act, which I the legislation that I coauthored that ought to be there. I also think the introduced with Congressman GREG we passed this week to create a quali- Equal Time Doctrine ought to come WALDEN that is cosponsored by every fied privilege for reporters in the Free back.’’ He went on to say: ‘‘I mean, single Republican Member of the House Flow of Information Act. To me, it’s these are the people who wiped out one of Representatives, and one Democrat, all about that constitutional principle of the most profound changes in the I am very happy and proud to say, a of a free and independent press. balance of the media, is when conserv- formal journalist himself, Congress- Mr. Speaker, while I will say that de- atives got rid of the equal time require- man JOHN YARMUTH of Kentucky, the spite the fact that the Broadcaster

VerDate Aug 31 2005 00:34 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K18OC7.067 H18OCPT1 bajohnson on PROD1PC69 with HOUSE October 18, 2007 CONGRESSIONAL RECORD — HOUSE H11763 Freedom Act is cosponsored by 203 think that I am talking through my I was asked by a reporter yesterday Members of Congress, despite the fact hat. at a press conference, Mr. Speaker: that the principles of broadcast free- I want to say with confidence that if What if all of talk radio, dom that were enshrined in the Pence the Broadcaster Freedom Act was monolithically talk radio reflected a amendment this summer that essen- brought to the floor of the House of liberal world view, would you still be tially created a 1-year ban on re-impos- Representatives, I believe it would pass doing this? ing the Fairness Doctrine passed by 309 overwhelmingly, because every time And I stepped to the microphone con- votes, we are yet to see any action ei- freedom gets an up-or-down vote on the fidently and I said: Well, let me tell ther at the committee level or on the floor of Congress, freedom wins. you, a lot of people think a lot of the floor calendar for consideration of the I go back to this summer, as I said, I national news media is fairly liberal. Broadcaster Freedom Act. introduced an amendment, the Pence And I agree. An awful lot of the people amendment to the appropriations bill that report on the network national b 1445 that funded the FCC. I didn’t know how news and some of the leading news- And I want to tell you, and I will talk it would do. I introduced the amend- papers in America are quite liberal in a little technical here, Mr. Speaker, I ment to deny any funding to the FCC their viewpoints. am a regular order kind of a guy. I like in the next year to bring back the Fair- Mr. Speaker, that didn’t stop me legislation to go through subcommit- ness Doctrine. It was a way of starting from coauthoring the Free Flow of In- tees and committees and have hear- this conversation. My gosh, it passed; formation Act to protect the right of ings. I think the American people work 309 Members of Congress voted for the reporters in the electronic news media their will when Congress is moving in Pence amendment. It was over- and the print media to keep sources the ordinary processes designed to vet whelming, including 107 backbench confidential. And I appeal to my col- and draft and redraft legislation. Members of the Democratic majority. I leagues, men and women of good will And so it is an extraordinary thing am sincerely grateful for that, but that all, who voted with us this summer for for me to say that we ought to have a was a 1-year moratorium. broadcast freedom, to join us again and petition that brings the Broadcaster The truth is we have a Presidential sign this discharge petition. Freedom Act straight to the floor. In election just around the corner. We I said on the House floor yesterday, if fact, in keeping with that principle, will have a new administration in you support broadcast freedom, sign the rule that we wrote is an open rule. Washington, DC, and many of the lead- the petition. If you oppose the Fairness I would be more than willing to have ers of the Democratic Party on Capitol Doctrine and the archaic notion of the several days of debate about broadcast Hill are calling for a return of the Fair- Federal Communications Commission freedom on the floor of this Congress. I ness Doctrine, so now is the time for us regulating the airwaves of America as would be more than willing to enter- to permanently do what 309 Members of it did for 4 decades, sign the petition. I tain as many amendments to the Congress voted to do for a year, and said if you cherish the dynamic na- Broadcaster Freedom Act as Members that is to ensure the ongoing freedom tional asset, left, right, and center that wanted to propose. This is not an effort of the airwaves of America by passing has become American talk radio since to silence the debate; it is an effort to the Broadcaster Freedom Act. 1987, sign the petition. And ultimately, have a debate about the freedom of Again, I want to say I am absolutely if you don’t agree with any one of American commentators on the public positive it would win, and I am positive those positions but you just think that airwaves of America to engage in it would have an overwhelming bipar- broadcast freedom ought to get an up- speech in a manner consistent with the tisan vote because, as we learned this or-down vote on the House floor, I say first amendment. week with the Free Flow of Informa- to my colleagues, sign the petition be- And so this week, as I have been al- tion Act, every time freedom gets a cause it is imperative to me, and the luding, I along with now, I believe, the vote on the floor of the people’s House, American people understand, that if 218 count this afternoon is about 140 Mem- freedom wins. Members of this body sign that piece of bers of Congress, including all of the Let me close, and I notice from the paper, we will get an up-or-down vote Republican leadership, we filed what is clock it is coming up on the time for on the Broadcaster Freedom Act, and I called a discharge petition that, if it is me to give a tour to 100 eighth graders am positive we will send the Fairness signed by 218 Members of Congress, will from Dearborn County, Indiana, and I Doctrine to the ash heap of broadcast bring the Broadcaster Freedom Act to can’t be late for that. But let me say, history where it belongs. the floor of the Congress for an up-or- bringing back the Fairness Doctrine I have every confidence that Repub- down vote. would amount to government control licans and Democrats in overwhelming While I would hope that my col- over political views expressed on the numbers will reject the Fairness Doc- leagues in the Democrat majority, public airwaves. Plain and simple. trine, will adopt the Broadcaster Free- while I would hope that the distin- I say with great respect to those who dom Act, and we will be able, like we guished Speaker of the House, NANCY think we ought to return to those 4 did on Tuesday of this week, to know PELOSI, might even be looking in on decades where the Federal Government that we set aside politics and we stood my remarks today and may ultimately thought it was its role to regulate the together as a Nation behind that blood- decide MIKE is right, we ought to have debate that took place on the airwaves bought freedom of speech and freedom a debate and a vote on the Broadcaster of radio and television, I say with great of the press that is enshrined in the Freedom Act and the discharge peti- respect to them, I think there is a first amendment. tion would not be necessary, I am get- great danger when we unleash the Lastly, let me quote President John ting the impression that is not likely power of the Federal Government to F. Kennedy, who was a boyhood hero of to happen. corral, to organize, to minimize or cat- mine. When I first became involved in And so we have taken an extraor- egorize or prioritize the American po- politics, it may surprise some of my dinary measure, and as I said, I, along litical debate. It is the essence of my colleagues to know that I was the with the Republican leader, JOHN belief that as messy as freedom is, it is Youth Democrat Party Coordinator in BOEHNER, the Republican whip, ROY the freedom of the American people Bartholemew County, Indiana. I am BLUNT, conference chairman, ADAM that has created the most powerful and probably the only Republican in Con- SMITH, and others are now calling on the most prosperous Nation in the his- gress who has a bust of John F. Ken- our colleagues in a spirit of good will tory of the world. nedy in my campaign headquarters. to say: Give us an up-or-down vote on I really believe with all my heart But as a fellow second generation Irish the Broadcaster Freedom Act on the that at the end of the day, that as American, I still find him a deeply in- floor of the House of Representatives, messy and as painful as it sometimes is spirational figure. because I want to make a very bold for those of us in positions of public It seems to me John F. Kennedy ex- statement about this legislation. And power, that the very well-being of the pressed some words that speak to our having just seen legislation that I co- Nation is tied up in those of us in this time about this debate. He said: ‘‘We authored get 398 votes on the House body standing for the freedoms en- are not afraid to entrust the American floor Tuesday, I hope people don’t shrined in the first amendment. people with unpleasant facts, foreign

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For a nation that is afraid Doctrine for 1 year, 309 Members, 107 Working Group, we come to the floor to let its people judge the truth and Democrats in the Congress joined us, maybe once, twice, three times, if we falsehood in an open market is a nation and I thank them for that. can, a week to not only share with the that is afraid of its people.’’ I want to thank the 203 colleagues, Members the good things that we are Let me say that one more time be- all of the Republicans and one Demo- doing but also some things that we are cause it literally could be a part of this crat, who have cosponsored the Broad- going to have to work together on, debate over the Fairness Doctrine caster Freedom Act that would send bills that we’re going to have to work today. President John F. Kennedy said: the Fairness Doctrine to the ash heap together on on behalf of America. ‘‘We are not afraid to entrust the of broadcast history forever. We’ve been able to do quite a bit this American people with unpleasant facts, Now I want to close on this last legis- session, Mr. Speaker, and accomplish a foreign ideas, alien philosophies, and lative day of the week with a chal- lot in this first session. We have had competitive values.’’ Let me stop lenge. record-breaking roll call votes never there. b 1500 taken before. I think it’s somewhere You listen to talk radio today, it is I want to challenge my colleagues to around 980 votes, I mean, not even almost as if John F. Kennedy had lis- sign the petition that’s at the counter counting the votes today, that have tened to it. There are an awful lot of to bring the Broadcaster Freedom Act been taken here in the House that have unpleasant facts for people in power to the floor of the Congress for an up- never been taken in the history of the that get mentioned on talk radio. A lot or-down vote; and I say again, Mr. Republic, since the mid-70s. I believe it of foreign ideas. Occasionally some Speaker, to you and to my colleagues was 1975 or 1974 that held the record for downright alien philosophies. If you and to anyone who might be looking roll call votes, and this year is not over listen to late-night talk radio, there in, if 218 Members of Congress sign the yet, and we still have a lot of business are sometimes literally alien philoso- discharge petition for the Broadcaster to conduct. phies, and there certainly are competi- Freedom Act, we will bring this legisla- I can’t help but, Mr. Speaker, come tive values. tion to the floor of the Congress and it to the floor and talk a little bit about But John F. Kennedy went on to say: will pass. what happened with the children’s ‘‘A nation that is afraid to let its peo- I say that having been through lit- health care bill. I know just an hour ple judge the truth and falsehood in an erally thousands of votes on this House ago we voted to override the President open market is a nation that is afraid floor, many of which I didn’t know the of the United States, and that’s some- of its people.’’ outcome before I showed up, some of thing that the Congress has the oppor- You know, America is a Nation of which I had to wait a long time for the tunity to do. The President decided to freedom and strong opinion, and our outcome, longer than I should have. veto the children’s health care bill. The government must not be afraid to en- But this one I say with confidence and Congress said that we would override. trust our good people with all the facts with humility and with gratitude, if The Senate had the votes but the and all the opinions necessary to make the Broadcaster Freedom Act that House, we weren’t able to do it today. choices as an informed electorate. That would do away forever with the Fair- It wasn’t because of Democratic Mem- is what democracy is all about. Now, is ness Doctrine comes to the floor of the bers of Congress, why we weren’t able it comfortable for men and women in House of Representatives, it will pass to override, and it wasn’t because of 44 power who work in this rarified air of with bipartisan support because free- Republicans who voted with Democrats this marble building, no. But is it freedom is not a partisan issue on the floor to override the President. It was 154 dom? Is it what our Founders intended of the Congress. Republicans who decided to stand with when they enshrined a free and inde- I believe we proved this Tuesday with the President and not voting for the pendent press in the first amendment the Free Flow of Information Act what override. of the Constitution? You bet it is. I we will prove the day the Broadcaster Now, we fell 13 votes short. What mean to tell you, our Founders did not Freedom Act comes to this floor, that does that mean? I’m not here today to enshrine the freedom of the press in every time freedom gets an up-or-down start calling names and pointing fin- the first amendment because they got vote in the House of Representatives, gers, but I’m here today to make sure good press. Our Founders enshrined the freedom wins. that the Members know that the good So I urge my colleagues, but espe- freedom of the press in the first amend- thing about America is that you have cially those who supported broadcast ment of the Constitution because they the second chance to do the right freedom earlier this year, sign the dis- understood that a free and independent thing, and the Members had a second charge petition for H.R. 2905 and bring press is the only check on government the Broadcaster Freedom Act to the chance to do the right thing and failed power in real-time. And our Founders floor of the Congress; 218 Member sig- to do so. The 13 Members or so failed to whose faces, some of which are chiseled natures will make it possible for the do so because they voted against the into the wall or painted on canvasses American people to have their say and original bill that came before us that in this Chamber, believed in limited send the Fairness Doctrine forever to the President vetoed, but on the over- government and they believed in hold- the ash heap of broadcast history ride they had the opportunity to say ing people like me and the other 434 where it belongs. the right thing, and they didn’t do it. Members of Congress who work in this Let’s bring the Broadcaster Freedom And within that 154 or within that 13, Chamber accountable to a free and vig- Act to the floor. Let’s let freedom I just want to identify some of the orous debate among the American peo- reign, and let’s do it together as we did States that will not receive health care ple. this Tuesday, Republicans and Demo- or children’s health care from the CHIP So I just come to the floor today to crats, standing for the freedoms en- bill. say thank you to my colleagues, thank shrined in the first amendment, the In California, 1.8 million kids have you for standing for a free and inde- freedom of the press, the freedom of been denied health care. State of Flor- pendent press this week in the Free speech, the Broadcaster Freedom Act. ida, my very State, my State that I Flow of Information Act. I am deeply represent, those Members that voted, f humbled and grateful for the work of the 13 we fell short, voted against my coauthor and colleague, the gen- 30-SOMETHING WORKING GROUP 616,000 kids. In Georgia, 467,000 for tleman from Virginia (Mr. BOUCHER) as The SPEAKER pro tempore. Under those Members that voted against the we passed the first Federal legislation the Speaker’s announced policy of Jan- SCHIP bill override. Illinois, 435,000; In- protecting a reporter’s right to keep a uary 18, 2007, the gentleman from Flor- diana, 199,000. And I’m just using round source confidential in American his- ida (Mr. MEEK) is recognized for 60 min- numbers here, Mr. Speaker. Iowa, tory. It passed the House this week. It utes as the designee of the majority 72,962; Kentucky, 112,000 will be denied passed by 398 votes. leader. health care because Members of the I also want to thank my colleagues Mr. MEEK of Florida. Mr. Speaker, other side, 13 Republicans, said we who stood with me this summer it’s an honor to be before the House needed to be able to close the gap, did against broadcast censorship, voting once again. not vote with us today to override the

VerDate Aug 31 2005 00:34 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K18OC7.070 H18OCPT1 bajohnson on PROD1PC69 with HOUSE October 18, 2007 CONGRESSIONAL RECORD — HOUSE H11765 President. In Maryland, 185,000; and I think it’s important also to note you look at article I, section 1 of the Ohio, 338,000. In Pennsylvania, 312,000 that this goes beyond politics, because U.S. Constitution, I mean, the Con- will not be able to receive health care I believe those that voted and within gress has a lot to do. because we fell short of 13 votes. We did the 13 because I’m glad I’m not in that But what happens as it relates to not not get it from the Republican side of number of the 154 Republicans that only the funding of the war in Iraq but the aisle. voted against this override. They’re also as it relates to policy, as we look South Carolina, 122,000 children will going to have to, within that, the 13 at this issue of Iraq but we’re having be denied health care. In Texas, 966,000 that was needed to override the Presi- all this discussion about Iraq and then will be denied health care. In Utah, dent decided not to, and I think that we try to do something domestic, 74,000 will be denied health care. And in there’s been some career decisions that major something domestic and reau- Wisconsin, 94,000 will be denied health have been made. thorizing a program that provides chil- care, and in Wyoming, 12,000 will be de- Obviously, I mean, everyone knows dren’s health care, and when you look nied health care because we did not that I’m a Democrat, but if I was an at it, when you look at it here, Mr. have the said votes we needed to have, independent or I was a Republican or I Speaker, one day of funding in the war 13 votes on the Republican side that we was someone that was thinking about in Iraq costs $330 million and could in- needed to override. voting one day and taking part in this sure 270,000 kids. One week in Iraq, one Now, there were a lot of things said democracy of ours as it relates to the week, we’re not talking about, you about the SCHIP bill, and a good part ballot, if a Congressman came up to me know, one year, we’re talking one of the day and some 2 hours and change and said, guess what, one day I’m going week, $2.3 billion insures 1.8 million was devoted to both sides having an op- to have the opportunity to vote for kids. portunity, Democrats and Republicans, health care for poor children that go to b 1515 to discuss their support or lack of sup- school with your kids that live in your port for overriding the President on neighborhood, folks that work either in One month in Iraq, $10 billion, that is this veto. your business or people that work with $10 billion, that is with a capital B, 1.8 Mr. Speaker, I just want to kind of you at work, I’m going to deny them million kids can receive health care. point out here, this picture is going to health care, not once but twice, vote And 37 days in Iraq, $12.2 billion spent, end up being one of my National Ar- for me on Tuesday. There’s no way in 10 million kids can receive coverage. chives pictures when I, you know, re- the world I know a Member did not Now, it is all right and the President linquish them and I let them go. I kind give that speech and will not give that is saying, why are you even asking the of keep things as I come to the floor. speech, but today walked in here, question? Why are you even ques- There are certain charts, and as you slipped the voting card in here, voted tioning my wisdom for even saying know, Mr. Speaker, I do love charts ‘‘no’’ and left and went home for the that we should continue to fund the and I’m glad because they illustrate weekend. war in Iraq? But meanwhile, we are sit- not only for the Members but they il- This was the close of business. It was ting back here and kids are getting the lustrate a period of time in American the last vote that we took. It was a veto again. history which now we’re living in right major vote. We took a Journal vote I think it is important for the Mem- now. earlier today. There were only two bers to understand what is going on This picture was taken when a ma- votes, approving the Journal and vot- here. And I think that the reason why jority of the Republican Caucus went ing to override the President of the a lot of average Americans have a down and went to the White House and United States on denying poor children great level of frustration with Wash- stood with the President on the first health care. So no one could have got- ington, DC is the fact that we can do bill that we passed to put the heat on ten confused about, oh, maybe I pushed something 10,000-plus miles away from the Iraqi Government as it relates to the wrong button or what have you. continental United States for children the politicians there in Iraq living up I just want to make sure that the that we will not even do for children to its responsibilities so that our U.S. Members understand that this is about here in the United States of America. troops don’t have to continue to do pa- serious business here, and I’m going to Now, that is a problem. trols in the streets of Iraq, to be able tell you the American people voted for Now, I don’t have a problem. I have to do exactly what the President called a new direction. Matter of fact, this re- been to Iraq three times. I have been to for as it relates to benchmarks or minds me of the old days when we had Afghanistan. I have been a little bit of timelines, that certain things are sup- the rubber-stamp Congress, and I want everywhere as it relates to the Middle posed to happen or else. We put that in to make sure my staff bring the rubber East, because that is a big concern as legislation, and the Republican Con- stamp down from my office because we relates to our issues that we have not ference ran down there and had a press haven’t had it down here probably only only diplomatically but also as it re- conference with the President saying once in the 110th Congress, but I’m lates to safety and that we have to en- we’re standing with the President. going to make sure it gets down here gage in dialogue. But I have a problem, Well, today some of the folks in this to the floor before I leave the floor be- Mr. Speaker, of what I know and what photo here stood with the President, cause I can tell you, you can’t go is actually happening here on this and they’re within the 154 that voted wrong with friends like that illustrated floor. against the SCHIP bill override. It’s so here in this picture, you can’t go Now, again, I am glad this chart is unfortunate that the kids that I just wrong. here now. When we start talking about called out and thousands and millions The President should feel com- having your back, I mean, the Repub- of other kids are going to be denied fortable, as far as I’m concerned should lican conference which is a number, I health care. Poor kids, they’re going to write a handwritten note saying thank am not going to generalize because 44 be denied health care. you for sticking with me but not stick- of the members of that conference We also have, Mr. Speaker, some- ing with the poor children of the voted with the children of America thing that I think is very, very impor- United States of America. Ten million today, with Democrats, and overriding tant. Our obligation here is to make children we’re talking about insuring. the President of the United States; but sure the children have health care and The President says, well, you know, the majority, the 154 that voted that the good people of the United maybe 1 million or 2 million or 3 mil- against were part of the same group. States of America have access to lion or 5 million, that’s my proposal or Again, I am going back to the Presi- health care, and I’m getting more and what have you, going back and forth. dent. The President is not running more concerned about folks being more The bottom line is without even a real again for election, but I can tell you loyal to the President, more loyal to discussion, without even a real discus- this much; that, I can tell you that it special interests on the minority side sion the President is willing to move is very, very important that we pay at- than, in my opinion, being loyal to forward on saying that we should be in tention to the pattern that is taking some of the constituents that need our Iraq forever, and I think that’s a real place. Yes, we have a Democratic ma- assistance; and I think that’s very, issue for the people of the country. I jority in the House, we have a Demo- very important. think that’s a real issue because when cratic majority in the Senate, but I

VerDate Aug 31 2005 00:34 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K18OC7.072 H18OCPT1 bajohnson on PROD1PC69 with HOUSE H11766 CONGRESSIONAL RECORD — HOUSE October 18, 2007 think it is important for us to take sit down, but it is not about politics. It somewhere in a glass case because this note of the consistent voting loyal to is about children’s health care. I must is what used to be. The President said, the President. This is not a loyalty shed light on this and we must con- let’s give tax breaks to super-wealthy contest. People weren’t elected to be tinue to put the pressure on. I com- corporations, record-breaking oil sub- loyal to any given party. They are mend the Speaker for holding her sidies. Boom. No problem. Rubber elected to make sure that their con- ground on this issue. I want the Speak- stamp. It is going to happen. So shall it stituents and the people of America get er to continue to hold her ground on be written, so shall it be done. Those what they need out of their govern- this issue because we cannot backslide days are over. ment. And when we look at this, for- on making sure that poor children have But now it is in a new form. We are eign debt doubles under President Bush health care; not something that looks going to stand with you when it comes on the $1.9 trillion in 6 years between like health care, but actually has down to overriding some of the major 2001 and 2006. Forty-two Presidents health care, so that they can be issues that Americans care about. A, that I have here, Mr. Speaker, 42 Presi- healthy and do the things that they this war in Iraq as it relates to the pol- dents, 224 years, $1.01 trillion, from 1776 have to do. icy that we should be passing that so to the year 2000, was only able to bor- I tell you, Mr. Speaker, as I was in many Americans are very frustrated row from foreign nations $1.01 trillion. my office preparing to come to the with, the fact that the Congress and So the President has already trumped, floor, I was just reading some of the the President has not been able to with the former rubber-stamp Repub- clips. I am glad the rubber stamp has come through with policy that will lican Congress in the last Congress. made it down to the floor, and I will eventually bring our men and women But it is in another form now, Mr. address the rubber stamp, I will come home, will eventually bring our combat Speaker. It is in the form to where you back to it. troops home, because we will be pro- see, saying, well, we no longer have the It says on the headline of the New viding technical assistance in the re- majority. The American people have York Times, and this is hot off the gion for some time. But we are losing a taken that from us. The American peo- press here, it says: The House Fails to number of our young people and our ple have taken that from us. Now we Override Child Health Care Bill Veto. middle-aged folks that are reservists are in the business of stopping the new And the bottom line is is that the vote that have been deployed longer than direction Congress that Republicans, to override was 273–156, or 13 votes any other fighting force in the past and Independents, Democrats voted for a short of the necessary two-thirds ma- we are still here going back and forth. new direction because they were con- jority of those voting. The bill was And the reason why we are going back cerned about the Republican rubber- originally approved about a couple and forth is the fact that we don’t have stamp Congress following the President weeks ago, September 25, 265 voting for the necessary votes on the Republican of the United States, the rubber-stamp it and 159 voting against it. side to be able to override the Presi- Congress that was here, following the Now, you know, one thing that this dent. And the Senate, the procedural 60 President of the United States to the administration is not used to, Mr. votes that you need to bring certain new Congress, now saying, well, we Speaker, and some of our friends on the issues are not there, because there is have enough votes to stop the two- Republican side of the aisle are not only a 51 majority Democrats there. So thirds that is needed to override the used to is a bill coming to the floor al- I think it is important, not only do we President, so that is going to be our ready paid for. They are used to rubber report the news, but we also talk about new stance, Mr. President. We are with stamping and saying, put it on the how we can do better. you all the way. credit card for the next generation to Now, I come to the floor with a clear Well, I can tell you this much, Mr. pay for. I have a 10-year-old son and I mind and a clear heart and ask my col- Speaker and Members. I think it is im- have a 12-year-old daughter, and guess leagues on the Republican side of the portant for many of those Members in what? I care about their financial fu- aisle: We fell 13 votes short of pro- the 109th Congress that followed the ture. I don’t want them in debt. I don’t viding poor children health care today. President, the Pied Piper, saying, let’s want to have them to turn around and, I ask, as we started to look at this go this way, let’s vote this way, stick Mr. Speaker, having to pay to Japan, issue again, and another vote will be with me, I am going to lead you. And, to China, to the U.K., to the Caribbean, coming up in weeks, that one goes guess what? Many of them are at home to Taiwan, to OPEC nations, to Korea, within their soul and within their right now reading the paper about to Hong Kong, to Germany of money heart and think about voting in the af- what is happening here in the Capitol that the President and the rubber- firmative so that we can pass the bi- dome because they are no longer, they stamp Republican Congress before this partisan health care opportunities for are no longer in Congress. Now, some Congress did because all they did was young people that we have done. of them were friends, some of them I say, oh, that is fine, you want tax cuts, Now, this was a bipartisan bill. You knew personally. That is fine. But on special interest billionaire, know, you listen to the President, you the policy end, they were following the kazillionaire. We want to go into a new think, oh, the Democrats sent me a President and found themselves stratosphere of how many subsidies we bill. Well, I guess the 45 Republicans unelected. are going to give you. We are going to that voted with us on the original bill Now, if this was a political discus- do it. And guess what? We are not even and the 44 that voted with us today, I sion, Mr. Speaker, I would, I would go concerned how we are going to pay for guess they are Democrats, too. Or somewhere and I would go somewhere it. We are going to borrow from foreign maybe they are just Members of Con- reading the newspaper or taking a nations. We are going to put it on the gress who say that it is their responsi- break or something, or maybe reading backs of those Americans that are not bility to make sure that poor children a good book right now or on the plane even eligible to vote right now, those in their district and within the country going back down to Florida. But this is Americans that were born since I have have health care. Boy, that is some- about politics. Because I would just been on the floor here that are going to thing. And so I think it is very, very allow the 154 that voted against the have to pay the bill. And in a new di- important that we move down and override to continue to vote like they rection Congress, Democratic Congress, move in that direction. had been voting if it was about politics, we said we weren’t going to do it, and I will put that rubber stamp off to because the American people will make we haven’t done it. And here we are the side because I never want to see sure that they rise up come some given again. This is a new form of the Repub- those days again, but I wanted to bring Tuesday in another year from now and lican rubber-stamp minority that is it down to the floor because I thought vote those individuals out of Congress standing with the President all the it was fitting today that we do that. because they are voting against chil- way. I think it is important that we high- dren’s health care. I am glad this rubber stamp is down light the fact that there are a number Saying all of that, I think it is im- here, because I spent a lot of time, Mr. of polls that have been out on this portant to say where we are right now Speaker, here on the floor with many issue and who has said that Americans in not only history but in the present. of my colleagues. I think this stamp are in full, almost full support of ex- If it was just politics, I would just go here one day will be properly placed panding the children’s health care bill.

VerDate Aug 31 2005 00:34 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K18OC7.073 H18OCPT1 bajohnson on PROD1PC69 with HOUSE October 18, 2007 CONGRESSIONAL RECORD — HOUSE H11767 Eighty-one percent in the CBS poll that’s fine. The attention span, you In the House, we had a majority of have said, I am for health care and ex- know, of the average person is probably votes, beyond a simple majority. We panding it for poor children; 81 percent, about, you know, a week or two or went well into, fell short 13 votes be- 15 opposed. And I think that is somewhat have you. When it falls off the cause Republican, on the Republican thing to look at, and I think that is screen of the Today Show and other side of the aisle, 154 Republicans de- something that Members should pay shows, it’ll just kind of drift off. cided to stick with the President and very, very close attention to. But I can tell you this much: last not with the poor children in the I also, Mr. Speaker, I think what is Congress there were votes that were United States of America. important, as we started looking at taken that the American people re- I say all of that to say this: we would what is to be done in the very near fu- membered. And I think it’s important not have accomplished as much as ture, we have to look at the fact that that folks understand that that will we’ve accomplished, when I say ‘‘we,’’ we have families, we have children, we happen this time around. the 110th Congress, if it wasn’t for a bi- have policymakers in the States that And I’m not in the business of mak- partisan spirit and allowing, not only are counting on a children’s health ing sure that folks no longer serve in Democrats, but also Republicans to care program. We have doctors that are Congress. That’s not my piece. I’m here have bills that they should feel good concerned about the lack of health care to represent the people of the 17th Con- about when they vote for those bills. that children already are experiencing gressional District and the people of Now, we talked about minimum wage here in the United States, and so when the United States of America to the passed on this floor. It was offered we started talking about reauthoriza- best of my ability. when we were in the minority in the tion, we started talking about expand- But I think that it’s important be- last Congress, but never made it to the ing to more kids, they are happy but cause this is not politics, it’s policy floor, never made it to a committee now they are concerned. We have over making, that those that voted against hearing. The 9/11 recommendations, 9/11 Com- 170 organizations that deal with chil- it be a part of a good chapter and al- mission, great Americans put together dren and good government and support, lowing people to be able to have health care. a great document. It was a book, one of still in support, of overriding the Presi- I want to commend the March of the best-selling books. And the Presi- dent on the health care bill on the Dimes, all of the affiliates throughout dent said he wasn’t going to sign that. SCHIP bill that he vetoed. That is his- the country that wrote their Congress- In a bipartisan way we passed that. tory now. But I think it is important men and -women to vote in the affirm- Sent it to the President. He had to sign that, I want to encourage those Mem- ative to override the President. it. bers that voted for the override, I want I would like to thank those 501(c)(3) And all of these signing opportuni- to encourage those Members on the Re- organizations. The lifeblood of their ef- ties, I don’t call them ceremonies. You publican side, the 44 that voted with fort is through volunteers throughout know, they usually kind of happen like Democrats to override the President, America, and when they come in to on a Friday, you know, folks leaving to stay encouraged. To stay encour- volunteer for the March of Dimes, town, about to go to Camp David, not aged, because so many times we know when they come in to volunteer for the going to make a big deal on his way about the glory, Mr. Speaker, but we Children’s Defense Fund, I mean, all out, just sign it into law instead of don’t necessarily know about the the different groups that are out there celebrating the bipartisan spirit we story. And right now we are writing to do what they do on a daily basis have here in the Congress and sending the story on providing health care to that help this country be what it is that legislation on. poor children in the United States of today, I thank those individuals, be- Cutting student loan interest rates in America. And I say to children of the cause I don’t want them to lose faith in half. That meant $4,400 in the pockets United States of America, because you the fact that we’re not going to have of the individuals that have taken out have some Members here that are will- their back. We’re going to have their the loans. And who are they? Children ing to vote for kids in Iraq and other back. When I say ‘‘we,’’ those of us that or young people that are trying to edu- places that have health care but not voted to override the President today. cate themselves to help us to be a willing to vote for our own children I don’t wake up every morning say- stronger America and a more profes- here in the United States to get health ing, hey, you know, I’m getting ready sional America so we can compete care. And I think it is important that to go to the Capitol. We’re going to against other countries. It’s not all as we start to build this story, there is override the President on a bill, on the about lock and load and shooting at some good chapters and some bad chap- children’s health care bill or on mak- someone. It’s about making sure that ters. And I think the good chapters ing sure that we have sound policy in we continue to stay the economic su- that can be added to this story of get- Iraq. I don’t wake up on those days perpower of the world and to be able to ting to the glory part where we are saying that I look forward to that op- provide the leadership in the world as able to have expanded benefits for chil- portunity. I don’t look forward to that it relates to a shining example of how dren and also expanded coverage for opportunity. I’d much rather us work one can educate him or herself and be- children to provide health care for the in a bipartisan way to where we can come all they want to be in the indus- next 5 years, or as long as we can get move in that direction. try that they want to be, or provide a it at that number, for some Members Well, let’s look at the bill. The job to allow other Americans to work. who voted to not allow those children SCHIP bill received, I believe, 45 votes The President said he wasn’t going to to have health care to come to the side and the first time it came through sign that. Thank you to the American of allowing them to have health care. here, that’s bipartisan. Received, I be- people, thank you to the Members lieve, 14-plus votes in the Senate. going back, talking to their constitu- b 1530 Someone correct me if I’m wrong. ents, thank you for all of those moth- Voting in the affirmative for chil- That’s bipartisan, Republican Members ers and grandparents that wrote and e- dren’s health care, now maybe the vote coming over and voting with Demo- mailed and said this is wrong, and that would have been a little different if crats to be able to move that bill we want, if you want, you know, this was 2008 and their constituents through the process. That’s bipartisan. there’s so many times we feel that we were paying very close attention to It gets to the President, all of a sud- know what to do best here in Wash- every vote that their Congressman or den it’s partisan. Democratic Congress ington, D.C. because we understand Congresswoman would take here on sent, no, it was a bipartisan Congress what you need. this floor. that sent him a children’s health care Well, guess what? $4,400 in the pock- But, you know, the good thing about bill. In the Senate, ORRIN HATCH, I ets that they don’t have to pay on in- it, some may say that, but I believe mean, major Republicans are over terest rates, because the student loan that the American people are paying there saying that the President’s companies were pocketing those dol- attention to what’s going on here. I wrong and they had the votes, and they lars. We allowed those dollars to stay also believe that the American spirit still do, to override the President of in the pockets of those individuals pay- will rise up. I said that last Congress; the United States. They have the votes ing on the interest rate on those stu- and a lot of folks said, yeah, you know, over there. dent loans; and they know what’s best.

VerDate Aug 31 2005 00:34 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K18OC7.074 H18OCPT1 bajohnson on PROD1PC69 with HOUSE H11768 CONGRESSIONAL RECORD — HOUSE October 18, 2007 And guess what? I’m talking to inde- postpone the vote to allow those most majority of Republicans on that time pendent voters too. I’m talking to Re- affected, those that can afford to come was in the majority, rose up and said, publican voters too. No one said, well, to Washington or go to the district of- well, we want to go with the President you know, based on my card, do I get it fice of Members of Congress and the on the private accounts and or not? No, not even based on your in- Senate and say please vote on behalf of privatizing. It was that same volunteer come. You get a student loan, you can children’s health care because the American spirit that stopped that be an individual punching in and President’s wrong. movement. punching out every day making the It’s nothing wrong with being wrong So we can make something good hap- minimum wage, or you can be a family, sometimes, but not all the time. And I pen here on behalf of children that are a single parent, or you can be a two- think it’s important that when we look needing health care. parent household with a gross income at this whole children’s health care As I move into the close here, Mr. of $200,000, a household income of bill, I’m reading some articles about, Speaker, and as I was here on the floor $200,000 and you still get that $4,400. well, you know, the Congress and the and I was listening to the Speaker And I think it’s important, the Presi- President, they need to sit down and close, I think that it’s important the dent said he wasn’t going to do it; he come together on the line of com- value of Members playing a very strong did it. promise. And you know something? In role in facts, not fiction. And I was Now I’m asking the Members of Con- Iraq, the President stands right at one proud to see, you know, there’s a lot gress to stand in there on behalf of point here on an issue and says this is being said and people were saying dif- these children, not by their doing, but it; this is what I’m going to do; this is ferent things. And there were some due to the fact that parents are trying how I’m going to do it and have enough folks that said that, you know, on the to provide a way of life for them, and Republicans to be able to stand with Republican side, well, there’s going to their only penalty is the fact that they him so we can’t be able to, well, if we be funding for illegal aliens in the can’t afford health care. That’s the pass a bill it will not be successful be- SCHIP bill. Well, that’s not the case. only penalty that they have. cause he will veto the bill and it will That just wasn’t the case. We have children that we’re sending come back here and then we’ll fall 13 And I’m glad that the Speaker up to the military academies who can- votes short. He stands firm, and then brought this chart down here, and I not pass the tests, not the academic we have to end up having to work out asked for this chart when I came to the tests, not the fact that they didn’t some sort of compromise. floor because I thought it was very, have the GPA to go to the Air Force I’m going to tell you, I hope that this very important. Section 605, page 255, Academy or to be able to go the Citadel story, like I said, you have the story right here, right here, and I think it’s or what have you. It’s because they and the glory of everything. I hope as important, maybe we put it on couldn’t pass their physical because we continue to write this story and www.speaker.gov for not only the they didn’t know they had a situation providing children the kind of health Members to see this and highlight it that could have been corrected to care, poor children the kind of health like this. So you go down to line 16, where they can be one of our best and care that they deserve, that we stand. section 605, no Federal funding for ille- brightest within our military and And when I say ‘‘we,’’ the Democrats, gal aliens. Period. So as I look through they’re not able to do it because they the Democratic Caucus that voted to the CONGRESSIONAL RECORD, Mr. Speak- don’t have what they need to have. override the President, and the 44 Re- er, with my highlighter I could go The school lunch program started in publicans that voted with us to give us through almost, when I hear from my World War II because kids were not the numbers that we needed. colleagues on the other side of the healthy enough to be able to go into And it’s not just what I’m saying. It’s aisle, because they had very little to the military because they didn’t have what the CONGRESSIONAL RECORD is hold on to, I mean, how do you wake up the very nutrients that they need to be saying. And it’s what roll call vote No. in the morning and you say, well, I’m able to function and grow up here in 982 says. It says that 44 Republicans waking up this morning to deny 10 mil- America. And that’s the reason why we and 229 Democrats voted in the affirm- lion children health care. Poor, at that. have that program today. ative, a total of 273 versus 156 who That’s what I’m waking up to do this So when we started looking at things voted against. So I think it’s very, very morning. in a broader picture, I think it’s very, important that we look at this and b 1545 very, important, Members, that we pay that Members pay attention to what’s attention to the present. The 109th, happening. Or do you say ‘‘I’m waking up this 108th Congress I was a Member of. Be- What side of history do you want to morning to stand with the President on fore that, my mother was here 10 years be on? What side of opportunity do you denying 10 million poor children health prior to my arrival here in Congress. I want to be on? And I think that’s care’’? Or do you say, ‘‘Well, maybe I paid very close attention to her move- something that the Members are going can come up with this one: Somebody ments, member of the Appropriations to have to take into strong consider- said it and I’m going to continue to say Committee, spent a lot of time trying ation. it, illegal aliens are going to receive to help a lot of people here in the I’m happy that the President signed health care from this bill, so that’s the United States of America. I am glad bills that he said he wasn’t going to reason why I can’t vote for it’’ when that it was a broad perspective versus sign. But it wasn’t only because of our the law says that it doesn’t? a small perspective of saying, well, I doing. It was because the American I mean, I hope that the volunteers need to stand with a person, with the people mobilized and said, well, I know continue to talk to the 154 Republicans President of the United States because I am going to have my opportunity on that voted against this. ‘‘Well, families he said he should not have his veto a given Tuesday every other year to that make $83,000,’’ that is not the case overridden. And I want to thank, he vote for my representation in Wash- and the facts are right here. ‘‘These has a very good legislative staff that ington; but they mobilized to say that very wealthy families are going to get comes down here and talks to the I have faith in this democracy and I’m a government benefit,’’ that is not the Members and says, you know, you need going to continue to talk to Members case. And I think it’s important that to stick with the President, stick with of Congress of the importance of the we continue to shed light on this. the President. children’s health care bill. I think there should be some sort of Meanwhile, we had all these volun- And I’m asking for those Americans meter here on the floor, to be honest teers on the side of overriding the that took that time out to come to with you, fact versus fiction, so that as President, on the side of children’s Washington, D.C., called, e-mailed, Members come to the floor and they health care, that spent their own wrote letters, I want to commend them start talking and the meter starts money, Mr. Speaker, to come here to for doing the work that they did. It was moving over to the fiction side of it, Washington, D.C., walk the Halls. the same group, the same volunteerism then other Members will know how to Thank God the Speaker had enough that came up out of the ground, lit- judge what’s accurate and what’s not wisdom and the majority leader had erally, when the President wanted to accurate. I think that would be very enough wisdom to say we’re going to privatize Social Security, and a good important because I think there will be

VerDate Aug 31 2005 00:34 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K18OC7.075 H18OCPT1 bajohnson on PROD1PC69 with HOUSE October 18, 2007 CONGRESSIONAL RECORD — HOUSE H11769 better policymaking and there will be crats and Republicans voting on these votes to override. In the House we did fewer excuses why people didn’t vote bills and sending them to you. And as not have it, and 154 of my Republican for certain bills. soon as they get there, you want to colleagues voted against our doing I am not going to say that I’m mad. veto them and then say something like that. And I think that is very impor- I’m just saying that I am disappointed. the Congress is not doing what it’s sup- tant to note. Again, it’s not politics; But the good thing about it, 14 years in posed to do. it’s just the facts. And the facts are public service, some of those years in When I was in the 109th Congress, I what they are. And when that roll call the State legislature in Florida, 5 of would already be home. We would prob- vote took place today, which I am pret- those years, going on 6, here in Con- ably vote 1 or 2 days out of the week ty sure you will see printed today, roll gress, there are votes that I remember. and then we would go home. Now we’re call vote 982, it may very well be the And this will be one of the votes that I putting in the work, broke the record, vote that may give us some new Mem- will remember for the rest of my public 982 roll call votes and the year is not bers of Congress here that may very career as long as the people from the even over yet and we have a lot of work well provide the kind of leadership that 17th District will have me here from to do. Meanwhile, we have to take we need. But we cannot wait on that to Florida, the day that we fell 13 votes these votes to try to override the happen because children will be denied short, not because of the lack of effort, President. We could have been focused health care, poor children will be de- not because we did not have the bipar- on another issue here today. We could nied health care. tisan spirit blowing through the air have been focused on some of the ap- Mr. Speaker, it was an honor to ad- conditioning ducts here in the Cham- propriation bills that we were waiting dress the House, and I want to thank ber, not because there wasn’t bipar- to get through the process that we the majority leader for allowing me to tisan input in the writing of the legis- can’t get through the process at this have the hour. lation need it be House or Senate, but point. I know that the story will continue. because 13 Members out of 154 decided So, Mr. Speaker, I’m glad that I had We look forward to the glory. And I not to vote in affirmation. the opportunity to come down to the want to ask those that are pushing to I think it is also important to note, floor on this Thursday evening. I look continue to push, and I believe we will Mr. Speaker, that as we leave and we forward to continuing to work with the make it to where poor children will be come back here, I believe, on Monday bipartisan coalition, with the volun- able to receive the health care that and we will be voting at 6:30, I hope teer coalition in moving this issue for- they deserve and this country should that the Members engage their con- ward. I look forward to listening to provide. stituents on their vote, need it be what Members are going to say in the f against or for providing health care to press as to the reason why they voted poor children. I think that there should for health care for children, which I am SCHIP be a line of questioning as one walks pretty sure can be a one-liner, versus The SPEAKER pro tempore (Mr. through the airport when they get those of the 13 votes that we fell short MITCHELL). Under the Speaker’s an- back home. Some of those volunteers here on this floor in overriding the nounced policy of January 18, 2007, the out there should ask, ‘‘Congressman, President and the 154 that voted gentleman from Iowa (Mr. KING) is rec- how did you vote on overriding the against today, the dissertation that ognized for 60 minutes. President when he vetoed health care they have to write on the reason why Mr. KING of Iowa. Mr. Speaker, I ap- for 10 million poor children here in the they voted against children’s having preciate the privilege to address you United States?’’ I just want to make health care today. here on the floor of the United States sure that one can answer that question I want to thank the work of not only House of Representatives. with great accuracy. They may miss the members of the committee but the There have been a number of times their flight or their connecting flight staff here in working so hard here in that I have come down here to convey or they may even miss the ride home Congress in trying to provide the a message to you and the American because it’s going to be a long discus- health care that is needed. people. And after having listened to the sion. How can you be on the other side I close with this, what I shared gentleman from Florida and his 30– of 270 organizations that are not par- maybe about 20 minutes ago, Mr. Something colleagues, my material has tisan organizations, that are non- Speaker: In the legislative process just gotten so massive, I’m not sure I partisan organizations, that are there’s a great story. At the end, there can rebut all that in the time that I 501(c)3s, that are doctors, that are is glory once we are able to provide 10 have, let alone convey the message nurses, that are children’s organiza- million children with health care. So that I came here to convey, Mr. Speak- tions, the different organizations and as we write this story, the good thing er. associations that have been created to about America is its okay to say First of all, there seems to be great be here for this very time to educate maybe I took the wrong vote and I confusion on the Democrat side of the all of us on those disparities as it re- have made some mistakes. I will tell aisle about the difference between lates to health care, to expand the op- you, Mr. Speaker, I have made some health insurance and health care. They portunity for 10 million children to mistakes the years I have been in pub- seem to believe, or at least would like have health care and deny it? lic service thus far, going on 14 years. to have the American people believe, There was a bunch of name calling I have taken some votes and later I that kids in America are being denied here in Washington, D.C. The President said next time I have the opportunity, health care. called it socialized medicine. What is I’m going to vote the right way. I know This debate about SCHIP has never socialized medicine? To sit up here and more because I studied a little bit been about health care. I would draw say ‘‘socialized medicine’’ after run- more. I have heard some input from this comparison: You will hear often in ning up a $1.19 trillion debt from for- both sides. And that’s just the human the debates in this country about peo- eign nations on a war and other things, spirit. I mean, that’s fine. That hap- ple are pro-immigrant or anti-immi- tax cuts for the superwealthy, that pens. But when you have so much in- grant. And when I say that, Mr. Speak- more than 42 Presidents before him and formation and it is so clear and the evi- er, people draw up an image about $1.01 trillion from 1776 to 2007 couldn’t dence is there to show that we have being pro-immigrant and anti-immi- do. States that are going to be running grant. Some people think illegal immi- You take out your veto pen only one close to their program ending and chil- grants; some people think, appro- time, one time in the first term when dren are not going to have health care priately, legal immigrants. When we we had a Republican Congress, one and we are sitting here trying to over- say ‘‘immigrant,’’ we should imply time, and that was on stem cell re- ride the President and we fall short 13 legal immigrant, and when we talk search. And now, all of a sudden, you votes not because of the lack of will, about illegal immigrants, we should have a veto pen connected to your not because of the lack of desire, it’s say so. index finger in your right hand, walk- because of whatever reason that those The same goes with health care and ing around, waiting on bipartisan bills Members of Congress decided not to health insurance. To interchange the passing through this Congress, Demo- override the veto. The Senate has the terms and, I think, willfully inform the

VerDate Aug 31 2005 00:34 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K18OC7.077 H18OCPT1 bajohnson on PROD1PC69 with HOUSE H11770 CONGRESSIONAL RECORD — HOUSE October 18, 2007 American people that this debate is lieve that those who have health insur- gavel in the chair where you’re seated about health care and to stand on the ance do a better job of going for their right now, 400 percent of poverty. Now, floor of the United States Congress and regular check-ups, and the medical was there a clamor from the public convey a message, Mr. Speaker, to the providers will track their cases and be that we should take their tax dollars American people that there are kids in able to monitor them and be able to and subsidize health insurance pre- America that are not getting health get early warning signs of chronic dis- miums for already insured kids that care is not an accurate statement. And eases or illnesses, and be able to main- families were making over $103,000 a the gentleman from Florida, if he tain their health in a far more effective year? I didn’t have a single letter that would examine his words and the fashion for two reasons. said so. I got a few that said, I think we meanings of the language, would know One is it improves the quality of life ought to have socialized medicine. I it’s not an accurate statement. for the children in this country, and think the Canadian plan is pretty good, This is a debate about how many the other is it saves money. That’s why the British plan is pretty good. The Eu- Federal dollars we are going to extract we established the SCHIP program in ropean model is all right. from hardworking Americans to put the first place. But it wasn’t designed They disregard the long lines and the into federally subsidized health insur- to take hard-earned taxpayer dollars poor care. They disregard the fact that ance, hopefully for kids. That’s what and put them into the pockets of peo- when you go to socialized medicine you SCHIP is about. But it is not even ple who could afford health insurance have companies created in Canada for about all kids, because today, under for their own children; and especially it the purpose of facilitating access to the current program, the program that wasn’t designed to be able to put the American health care systems, compa- was drafted up in 1997 and became law Federal incentive in place to push kids nies that have sprung up because the in 1998, was created by a Republican off, to talk kids off, to put an incentive Canadian is barred from having any Congress, and it was created in the im- so that their parents made a decision special pass to go in front of the line; mediate aftermath of welfare reform. or their employer made a decision not they all have to get to the back of the Remember welfare-to-work? We had to insure them when they were already line. And so people don’t always live generations of people that had become insuring them. long enough to get to their health care so dependent on welfare that they for- And yet if you look at the numbers, provider in places like Canada. That’s got about working. We needed to move the Congressional Budget Office, the what I want to avoid. them off of welfare, and we called it nonpartisan Congressional Budget Of- And the companies in Canada that ‘‘workfare’’ part of the time. fice that the gentleman from Florida are created will set up this package We also recognized that people that would have to acknowledge gives us and it will be, well, if you need a hip were low income, the working poor, the most objective number we have, replacement, here’s how we will do when you would take them off of wel- says that under this proposal that the this. We will set it up so you can go to fare, they didn’t have enough funds to President appropriately vetoed and a clinic for a check-up, and we’ll fly fund the health insurance for their that this Congress refused to override you down to whatever city it might be, children, so we created the State Chil- would take 2 million kids today that let’s pick one, let’s say Minneapolis, dren’s Health Insurance Program. are funded with private health insur- and there we will give you a hotel That’s SCHIP. It’s 10 years old now ance and push them off of that onto the room, or let’s go to the Mayo Clinic, today and we are talking about reau- government roll. that’s even better, in Rochester. We’ll thorizing it. That is federally funded Now, why would we want to do that? fly you down there. Here’s the package; health insurance premiums for kids. What would be our incentive? If no- here’s your hotel room; here’s what it’s But this program, even under the body’s going without health care, if we going to cost you to go to the clinic; current law, has morphed into a pro- have kids that don’t have health insur- here’s the surgeon, here’s the anesthe- gram that if you go up to Minnesota ance that are getting health care, why siologist; here’s the whole package. and take a look, 87 percent of the re- would we create a program or why Now you figure out you can write the cipients of SCHIP are adults. And most would we grow a program that’s going check to take the weekend tour to go of those adults are not parents; they to take 2 million kids off of the private down to the Mayo Clinic in Rochester are single adults. And if you go to Wis- rolls and put them on the government? and get your new hip replacement and consin, 66 percent of those who are on You have to be somebody that believes go back to Canada, because they can’t SCHIP are adults. They have changed in socialized medicine to advocate for get access to health care there because this program and they have morphed it such a thing. they have socialized medicine. That’s away from being a program that was And when Republicans bring a policy what this debate is about, Mr. Speaker. about health insurance premium sub- that recruits more of the uninsured to It’s about laying the cornerstone for sidy for kids. That’s a discussion they go on the rolls at 200 percent of poverty socialized medicine in the United can’t name. and below, where I have voted and con- States of America. And I challenge anyone over here, sistently supported this program and Here we are in a country where every stand up now, I will yield to you. Name voted to appropriate funds to this pro- kid, every person, every adult, legal or one kid in America that doesn’t have gram, both as a State senator and as a illegal, has access to health care, and access to health care, one health care Member of Congress, 200 percent of pov- we would like to increase the numbers provider that slammed their door in erty, I can take you to where it is in of insured. But a Nation that has the the face of a kid in America or anyone my State today, that’s an example I highest quality health care in the in America because they didn’t have know to be fact, we can always discuss world, one who is the most innovative health insurance. what’s fact and what isn’t, but in my of all nations in the world, the ones No. We take care of everyone’s health State today a family of four, that’s that has produced more new pharma- care needs in America. That is not the mom and dad and two kids, qualifies ceuticals, more new surgical tech- crisis. If it was, you can bet the PELOSI for SCHIP, that in Iowa we call it niques, more new medical technology side of the aisle would have marched Hawk-I, premium subsidy if they’re than any other nation, however you them down here and maybe brought making less than $51,625 a year, Mr. want to measure it, as a percentage of them up into the well for a photo op. Speaker. Now, that’s probably a little our GDP, as a percent of our popu- But that population of this country above what’s middle income for a fam- lation, measure it just as the sum total doesn’t exist. Everyone in America has ily of four in the State of Iowa. of the contribution to health care in access to health care, legal or illegal, And so if we’ve already gone above the world, this country’s medical prac- for that matter. the line of where the median is, this titioners and providers are the ones Pelosi Congress passed this SCHIP leg- that have done that. b 1600 islation, not over here at 300 percent of And this cornerstone to socialized And every child especially has access poverty, passed it over here at 400 per- medicine that is attempted to be laid to health care. cent of poverty, Mr. Speaker. That was here by this Pelosi Congress under- Now, we would prefer that they all the vision of the San Francisco values mines that innovativeness, that serv- have health insurance because we be- that have been brought here to the ice, that quality that we have. And

VerDate Aug 31 2005 00:34 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K18OC7.078 H18OCPT1 bajohnson on PROD1PC69 with HOUSE October 18, 2007 CONGRESSIONAL RECORD — HOUSE H11771 that’s why 150-some of us voted ‘‘no’’ cal argument that here we spend as we see here in this chart that is laid on overriding the President’s veto. money over here on the war, if we’ve out, it takes it out to 22.4 million new That’s why the President vetoed it, be- got enough money for the war, we sure- smokers have to be recruited in order cause your health care, Americans, is ly have enough money for health insur- to fund this expansion of this socialized more important than the political ance for these kids? I mean, if that’s medicine program of laying the corner- demagoguery that’s going on here on the case, if the gentleman from Florida stone by SCHIP; 22.4 million new smok- the floor of the United States Congress. is drawing a legitimate comparison, ers. Now, that runs directly against the The confusion between health care then you have to look at the resources belief, and probably to some degree of and health insurance, this debate is over there for our soldiers, sailors, air- fact, that the more it costs, the less about health insurance, it’s about us men and marines and say, well, I’m people will smoke. So we add $1 a pack, on the Republican side wanting to in- sorry, we’re going to have to take $35 and now we have to still raise, and crease the percentage of covered kids billion out of your resources and put even though the price goes up by a 156 under SCHIP under the 200 percent of them over here to subsidize health in- percent increase, we still have to re- poverty here, those that are not cov- surance for these kids, these kids that cruit 22.4 million new smokers. Now, I ered now that can be and still qualify, are getting health care, by the way. don’t want to be involved in that, Mr. and us, as Republicans on this side, So how many fewer bullets, how Speaker. I don’t want that on my con- wanting to roll down the numbers of many fewer bullet-proof vests, how science. I don’t want to have to bring adults that have found their way into many MREs, how much tank fuel or Joe Camel back and run him through this system to be 87 percent of the re- aircraft fuel, how many repair parts for the schools so we can get new smokers cipients in Minnesota, 66 percent in a Blackhawk helicopter, how much sur- to fund insurance for these kids. Wisconsin, and a dozen or so other veillance equipment out there we And another thing I would add is States that have crossed this line. would have to sacrifice to take away that, if this is about the kids, every That’s a standard that we’re for, and from those soldiers to fund this Pelosi dollar that is added to this program is it’s something that they are opposed plan for SCHIP? That’s the other side added to the national debt. Now, who is to. They won’t speak up to the real of the argument. going to pay that national debt? Some- issue that’s here, Mr. Speaker, but this So if they’re sincere, and I have body that’s 58 years old or somebody isn’t about health care. It’s about Fed- heard Member after Member, Democrat that’s maybe 8 years old? And I’m eral subsidy of health insurance; it’s after Democrat, come to this floor and going to say that the ruse that this is about taking dollars out of people’s go to the media and send out press re- about the kids, while at the same time pockets. leases that we’re spending money on pushing that $35 billion into the na- And so at this level over here, Mr. the war, we ought to be able to spend tional debt and asking those same kids Speaker, I will submit that it works the money on the kids, well, if this is that you say you’re trying to help to this way: we have this thing called the pay the debt they incurred, I think is alternative minimum tax, which was a zero sum game, then how many bul- where the real hypocrisy lands, Mr. created to tax the wealthy. They let-proof vests do they want to take weren’t paying enough tax, so Congress away from our soldiers? How many Speaker. 22.4 million new smokers? Not created a new tax, the alternative min- Humvees? How much armor protection a very sound plan. This chart tells you what happens imum tax. And under this SCHIP pro- personnel? How much training, how when you start raising the premium posal there will be, the one that passed much communication, how much subsidy up for health insurance. When Congress the first time, that’s over human intelligence would we be willing you get up here to this level and you here, 70,000 families in America would to take away and how much risk would get to 400 percent of poverty, which qualify for SCHIP subsidy, Federal tax- we be willing to put our soldiers this Congress passed, then 95 percent of payer funding, and still have to pay the through so that we could justify this alternative minimum tax, the tax on program? the kids that are on private health in- the wealthy, at the same time they’re I think when they’re confronted with surance will drop off of that private being subsidized and they can’t afford the reality of that argument, they health insurance and they’ll go on gov- the health insurance for their kids. would have to confess that they would ernment. So even if they’re making $1 Now, figure that out. Think about never allow an amendment on the floor million a year, 95 percent of those kids how the circle has crossed. One circle that would cause them to have to put go to the government premium side. over here is those that are so poor they up a vote and go on record to make If you take it on down to 400 percent need help, and the other circle over that decision. But they will ask you to of poverty and below, it’s 89 percent. here is those that are making so much believe that somehow, that because we And as we go down lower to where we money we’ve got to give them an extra spend money on war, that gives jus- are now, it’s 50 percent. I contend that, tax. But when you cross those two cir- tification to create a socialized medi- if the parents have a job and the health cles together, Mr. Speaker, and where cine program here. We know what the insurance is with the job and the em- they cross, that crescent in the middle, agenda is: it is socialized medicine. ployer has put a health care package is 70,000 families, 70,000 families paying And then I would argue, also, that to out, their health insurance package the alternative minimum tax and lay this thing out clearly, I’m going to out there that includes the family, and qualifying for Federal benefits for go down through these, if I can, Mr. most do, why would you put a program health insurance. I think that tells you Speaker. This is a bit of a surprise in place that’s going to cause the em- that the loop for socialized medicine package, I’m not sure what’s under- ployer to do this calculus: I don’t know would be closed with this, and that’s neath here, but we’ll go with what we why I’m paying for that if the govern- another reason the President vetoed it. have, and that is, how do we fund this ment will pay for that. I’m going to Another subject matter that was SCHIP according to the Pelosi plan? offer a proposal here that’s going to brought up by the gentleman from Well, we’re doing it with an increase save me money. I can take that and Florida is this subject of the billions of on tax on cigarettes. Right now, the put it in my bottom line as an em- dollars that are spent on the global war Federal tax is 39 cents a pack. This bill ployer and call it profit and tell my on terror, and of course he would focus that the President vetoed, that this employees, we’re going to sign you up it on Iraq, which is a battle ground in Congress refused to override, adds 61 for SCHIP. the global war on terror, billions of cents a pack to cigarettes. So now the I had a conversation with my son and dollars. And the argument is we can Federal tax will be $1 a pack. The daughter-in-law a couple of weeks ago. spend billions of dollars on the war, but States can do whatever they want. The They blessed us with two little beau- we can’t spend $35 billion subsidizing idea is if you raise the price of ciga- tiful granddaughters, so they’re a per- health insurance for middle-income rettes, people will smoke less. Well, fect model family of four. And I said and upper-income children of those that’s kind of a good thing, I would here in Iowa, where this number right parents that are middle- and upper-in- think, Mr. Speaker. here, Mr. Speaker, if this bill had been come. But if we’re going to fund this SCHIP overridden today that the President ve- Now, think about this: How cynical program, these $35 billion worth of in- toed, in Iowa, a family of four would would you have to be to draw a diaboli- creases, then over this period of time, qualify for SCHIP funding at $77,437.50,

VerDate Aug 31 2005 00:34 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K18OC7.079 H18OCPT1 bajohnson on PROD1PC69 with HOUSE H11772 CONGRESSIONAL RECORD — HOUSE October 18, 2007 to be precise. Now, that’s that family other document, a photo ID perhaps or ance, nudged off, because the govern- of four, that’s my son and grand- a passport or a list of other documents ment will pay for it, why would you daughters and daughter-in-law. The that demonstrate your lawful presence pay for it? If it is free or you have to calculus is pretty easy for them. They in the United States and your eligi- write a check, which line are you going just say, well, we’re self-employed, I bility for SCHIP and for Medicaid; to get into? There will still be a lot of guess we could do this. We could set those are current law requirements. patriotic Americans who will get into our wages up to make sure that we This bill that says in one paragraph the ‘‘I will pay for my own line.’’ God don’t break the cap on SCHIP and the ‘‘this money can’t go to illegals’’ says bless you for that. That is, by the way, kids would be funded then by the gov- in another paragraph ‘‘but if you know 2.0 million children. That is a Congres- ernment, wouldn’t they? And I said, I how to write down a Social Security sional Budget Office number, the high- don’t want to hear about that. number, that will be all that is re- est standard we have here; $6.5 billion quired.’’ b 1615 for illegals to go on Medicaid and The Social Security Administration SCHIP? That is a Congressional Budget It was a bit of a levity kind of a con- has put out information that says you Office number. versation because they are going to cannot verify citizenship by a Social You can’t convince me that this isn’t take care of their responsibility and Security number. There are millions of going to legalize access to health care they have and they will continue to do Social Security numbers that are not services for illegals who, if we had the that. But if that can be figured out in numbers for citizens. There are mil- voucher delivered by ICE, the Immigra- 5 seconds in the kitchen of my family, lions out there that are nonwork So- tion Custom Enforcement, would be think how it can be figured out in cial Security numbers, and there are compelled to pick them up and send every boardroom across America that millions out there that have been given them back to their own country. Think will see an advantage here to push the to people that are here on work visas, about that. If we made the couriers for kids, the children of their employees, student visas, visitors, you name it, for vouchers for SCHIP to be ICE, they off of their own privately funded health one reason or another, so they can get would have to come along and say, insurance, put them on the govern- a driver’s license or buy insurance, or ‘‘Well, okay, here’s your voucher, but ment-funded one, and put the profit, maybe qualify for a benefit, millions of you’re not going to be able to cash it in the savings, in their bottom line. You Social Security numbers that do not because I am sending you back home know that is going to happen. The peo- connote citizenship. And the only again because that is the law.’’ ple that will be the most believers of standard that is left, that is required in How bizarre is it to hear the rhetoric that have to be those on the other side this current bill is you have to submit coming out of that side of the aisle? of the line that don’t believe in much a Social Security number. And it is im- These are the facts, Mr. Speaker. It for ethics and the free enterprise sys- plied, it might even be specific, that it weakens the citizenship requirement. tem that we have. be a valid one. But we know how well It is a net loss to my State of $226 mil- That is how that is going to work. that works when we have 20 million lion, more tobacco tax paid sent to You push people off health care and so illegals in America and we have some- Washington, we get $226 million less. you get to this, Mr. Speaker, and this where between 7 and 12 million work- Bad deal, Governor Culver. You ought is what this is really about, SCHIP. ing illegals in America, many, in fact to understand that. That is also a num- Some might think that is for the State most of them, using phony Social Secu- ber that is put out by a government of- Children’s Health Insurance Program. rity numbers. So if they can get a job fice, and that is the Centers for Disease But I will submit that the real motive and that number can report their Control produced a number of a minus behind this, we have Presidential de- wages every week and we can’t figure $226 million just for Iowa. Other States bates going on and candidates all over out where they are, how in the world did worse. Other States were net this country concentrated in my State, can anyone over hear say, ‘‘well, none gainers. The tobacco tax, 156 percent New Hampshire, and others, and you of this money is going to go to increase, and then, Mr. Speaker, not can feel and sense they have been push- illegals’’ when the Congressional Budg- forgetting about the 22.4 million new ing health care 6, 7, 8 months to bring et Office has made it clear and issued smokers that we will need to get this this debate to a head, and a delay in their report that the net cost to tax- program funded. this Congress in coming to the negoti- payers because of the opening up of the So, all in all, Republicans have taken ating table so we can actually extend citizenship standard is 6.5 billion, that care of this. We created this program. this program in a responsible fashion is is with a B, $6.5 billion, Mr. Speaker. State Children’s Health Insurance Pro- partly rooted in the Presidential poli- There isn’t an argument on this that gram is about providing help in health tics and in the partisan politics in this is seriously grounded in the facts. We insurance premiums for the children in Congress. I think the majority of it is take our facts from the Congressional lower income families that don’t qual- rooted in that. So I will submit SCHIP Budget Office. ify for Medicaid. It is about the transi- really stands for Socialized Clinton So I will roll this together. In my tion off of Medicaid on to private, on to Style Hillary Care for Illegals and State, currently a family of four quali- self-reliance, on to all the dignity that Their Parents. And I hope the camera fies for hawk-i, SCHIP funding, for comes with carrying your own load, is on this so it doesn’t get missed. their health insurance. This isn’t helping transition gradually and easily SCHIP, Socialized Clinton Style Hil- health care, remember; it is health in- off on to that. It is about that. lary Care for Illegals and Parents. surance, at $51,625 a year. A family of It is about protecting and preserving By the way, I did not get to that ille- four. That is off the Web page of Gov- our private health care system that is gal component that was laid out by the ernor Culver, by the way. And if this the best in the world. That is where we gentleman from Florida. Well, one can bill had passed, it would have qualified are on this side of the aisle, Mr. Speak- point to language in the bill that says that same family of four at $77,437 a er. That is where the President is on ‘‘you don’t get to send any of this year. But this Congress first passed 400 this. The other side of the aisle is money to people who are otherwise de- percent of poverty, which would have about laying the cornerstone for social- portable.’’ That language is in the bill. qualified that same family of four at ized medicine, because once you get 95 But, Mr. Speaker, I will inform you, 103,250 or so dollars in that legislation, percent of the people dependent on a this body, the people in this country, over $100,000, and not a fiscally respon- program, they consider it an entitle- that there is additional language in the sible peep out of the Speaker, out of ment. Democrats know that. The Dem- bill that weakens the citizenship stand- the Democrat side of the aisle that I ocrat leadership knows that at least. ards that exist today, not just for heard, out of my Governor. No one And that, I believe, Mr. Speaker, is the SCHIP, but for Medicaid as well. We stood up for the taxpayer on that side strategy. have citizenship requirements for Med- of the aisle. That is because they are I don’t know how, when they come icaid that you have to demonstrate, actively engaged in laying the corner- back with the next argument that was you have to prove your citizenship. stone for socialized medicine. laid out by here by Bill Clinton that And of those conditions that will be I will continue, 2.0 million children, they wanted to lower Medicare eligi- producing a birth certificate and an- taken off of their own private insur- bility to 55 years old, then you look at

VerDate Aug 31 2005 00:34 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K18OC7.081 H18OCPT1 bajohnson on PROD1PC69 with HOUSE October 18, 2007 CONGRESSIONAL RECORD — HOUSE H11773 this universe of people, people col- California) to revise and extend their Berman, Marion Berry, Judy Biggert, Brian lecting SCHIP today at age 25, remem- remarks and include extraneous mate- P. Bilbray, Gus M. Bilirakis, Rob Bishop, ber all those adults in places like Min- rial:) Sanford D. Bishop, Jr., Timothy H. Bishop, Marsha Blackburn, Earl Blumenauer, Roy nesota and Wisconsin, up to age 25, and Mr. POE, for 5 minutes, today and Oc- Blunt, John A. Boehner, Jo Bonner, Mary if we lower Medicare eligibility to 55, tober 25. Bono, John Boozman, Madeleine Z. Bordallo, now who is paying the bill for all the Mr. JONES of North Carolina, for 5 Dan Boren, Leonard L. Boswell, Rick Bou- health insurance and health care in minutes, today and October 25. cher, Charles W. Boustany, Jr., Allen Boyd, America? Well, it would be those folks Mr. TIM MURPHY of Pennsylvania, for Nancy E. Boyda, Kevin Brady, Robert A. between the ages of 25 and 55, Mr. 5 minutes, today. Brady, Bruce L. Braley, Paul C. Broun, Corrine Brown, Henry E. Brown, Jr., Ginny Speaker. And don’t you think that side Mr. FRANKS of Arizona, for 5 minutes, Brown-Waite, Vern Buchanan, Michael C. of the aisle knows the resentment that today. Burgess, Dan Burton, G. K. Butterfield, will build when someone writes their Mr. DANIEL E. LUNGREN of California, Steve Buyer, Ken Calvert, Dave Camp, John own check for their health insurance for 5 minutes, today. Campbell, Chris Cannon, Eric Cantor, Shel- premium and their check for the alter- (The following Member (at his own ley Moore Capito, Lois Capps, Michael E. native minimum tax and their check request) to revise and extend his re- Capuano, Dennis A. Cardoza, Russ Carnahan, for their income tax and they realize marks and include extraneous mate- Christopher P. Carney, Julia Carson, John R. Carter, Michael N. Castle, Kathy Castor, that they are paying for theirs and ev- rial:) erybody else’s. If they can’t say no to Steve Chabot, Ben Chandler, Donna M. Mr. KIRK, for 5 minutes, today. Christensen, Yvette D. Clarke, Wm. Lacy this, then they are going to come back f Clay, Emanuel Cleaver, James E. Clyburn, to us and say, ‘‘Give us the Canadian Howard Coble, Steve Cohen, Tom Cole, K. plan. I give up. I capitulate. Because I ADJOURNMENT Michael Conaway, John Conyers, Jr., Jim just can’t fund it both ways. You have Mr. KING of Iowa. Mr. Speaker, I Cooper, Jim Costa, Jerry F. Costello, Joe made it too easy for too many people. Courtney, Robert E. (Bud) Cramer, Jr., move that the House do now adjourn. Ander Crenshaw, Joseph Crowley, Barbara Now it is too hard for me.’’ The motion was agreed to; accord- That will be the calculus among the Cubin, Henry Cuellar, John Abney ingly (at 4 o’clock and 25 minutes Culberson, Elijah E. Cummings, Artur Davis, American people. That will be what ul- p.m.), under its previous order, the Danny K. Davis, David Davis, Geoff Davis, Jo timately closes this and builds this so- House adjourned until Monday, Octo- Ann Davis, Lincoln Davis, Susan A. Davis, cialized medicine that they are trying ber 22, 2007, at 12:30 p.m., for morning- Tom Davis, Nathan Deal, Peter A. DeFazio, so desperately to build. And by the hour debate. Diana DeGette, William D. Delahunt, Rosa way, there is no provision to fund this L. DeLauro, Charles W. Dent, Lincoln Diaz- thing past these years that I have f Balart, Mario Diaz-Balart, Norman D. Dicks, shown here, Mr. Speaker. That cliff in John D. Dingell, Lloyd Doggett, Joe Don- OATH OF OFFICE MEMBERS, RESI- nelly, John T. Doolittle, Michael F. Doyle, the funding drops off. It drops down to DENT COMMISSIONER, AND DEL- Thelma D. Drake, David Dreier, John J. a very small percentage of the overall EGATES Duncan, Jr., Chet Edwards, Vernon J. Ehlers, revenue stream. The reason is they be- The oath of office required by the Keith Ellison, Brad Ellsworth, Rahm Eman- lieve that they will have a President uel, Jo Ann Emerson, Eliot L. Engel, Phil sixth article of the Constitution of the English, Anna G. Eshoo, Bob Etheridge, and a majority in the House and in the United States, and as provided by sec- Senate that will have given us the full- Terry Everett, Eni F. H. Faleomavaega, tion 2 of the act of May 13, 1884 (23 Mary Fallin, Sam Farr, Chaka Fattah, Tom ride socialized medicine. So they don’t Stat. 22), to be administered to Mem- Feeney, Mike Ferguson, Bob Filner, Jeff have to worry about funding this bers, Resident Commissioner, and Dele- Flake, J. Randy Forbes, Jeff Fortenberry, through this program. Watch as this gates of the House of Representatives, Luis G. Fortun˜ o, Vito Fossella, Virginia unfolds. Bill Clinton stood back in this the text of which is carried in 5 U.S.C. Foxx, Barney Frank, Trent Franks, Rodney well September 22, 1993, and he gave P. Frelinghuysen, Elton Gallegly, Scott Gar- 3331: rett, Jim Gerlach, Gabrielle Giffords, Wayne about an hour speech, 12 pages long, ‘‘I, AB, do solemnly swear (or af- that lays out the game plan. Now his T. Gilchrest, Kirsten E. Gillibrand, Paul E. firm) that I will support and defend Gillmor, Phil Gingrey, Louie Gohmert, wife is poised to carry out the balance the Constitution of the United Charles A. Gonzalez, Virgil H. Goode, Jr., of it. States against all enemies, foreign Bob Goodlatte, Bart Gordon, Kay Granger, I stand here in resistance to social- and domestic; that I will bear true Sam Graves, Al Green, Gene Green, Rau´ l M. ized medicine or laying the cornerstone Grijalva, Luis V. Gutierrez, John J. Hall, faith and allegiance to the same; for it, but I stand with my colleagues Ralph M. Hall, Phil Hare, Jane Harman, J. that I take this obligation freely, in protecting the kids in America, pro- Dennis Hastert, Alcee L. Hastings, Doc without any mental reservation or tecting their freedom, protecting an in- Hastings, Robin Hayes, Dean Heller, Jeb purpose of evasion; and that I will vestment in them. I refuse, I refuse to Hensarling, Wally Herger, Stephanie well and faithfully discharge the Herseth, Brian Higgins, Baron P. Hill, Mau- put this burden as a national debt upon duties of the office on which I am rice D. Hinchey, Ruben Hinojosa, Mazie K. those same kids and ask them to pay it about to enter. So help me God.’’ Hirono, David L. Hobson, Paul W. Hodes, when they get to be the age of adults. Peter Hoekstra, Tim Holden, Rush D. Holt, Mr. Speaker, I yield back the balance has been subscribed to in person and Michael M. Honda, Darlene Hooley, Steny H. of my time. filed in duplicate with the Clerk of the Hoyer, Kenny C. Hulshof, Duncan Hunter, Bob Inglis, Jay Inslee, Steve Israel, Darrell f House of Representatives by the following Member of the 110th Congress, E. Issa, Jesse L. Jackson, Jr., Sheila Jack- SPECIAL ORDERS GRANTED pursuant to the provisions of 2 U.S.C. son-Lee, William J. Jefferson, Bobby Jindal, By unanimous consent, permission to 25: Eddie Bernice Johnson, Henry C. ‘‘Hank’’ Johnson, Jr., Sam Johnson, Timothy V. address the House, following the legis- NIKI TSONGAS, Massachusetts, Fifth. Johnson, Stephanie Tubbs Jones, Walter B. lative program and any special orders f Jones, Jim Jordan, Steve Kagen, Paul E. heretofore entered, was granted to: Kanjorski, Marcy Kaptur, Ric Keller, Pat- (The following Members (at the re- OATH FOR ACCESS TO CLASSIFIED rick J. Kennedy, Dale E. Kildee, Carolyn C. quest of Ms. WOOLSEY) to revise and ex- INFORMATION Kilpatrick, Ron Kind, Peter T. King, Steve tend their remarks and include extra- Under clause 13 of rule XXIII, the fol- King, Jack Kingston, Mark Steven Kirk, Ron neous material:) lowing Members executed the oath for Klein, John Kline, Joe Knollenberg, John R. ‘‘Randy’’ Kuhl, Jr., Ray LaHood, Doug Mr. CUMMINGS, for 5 minutes, today. access to classified information: Mr. MURPHY of Connecticut, for 5 Lamborn, Nick Lampson, James R. Neil Abercrombie, Gary L. Ackerman, Rob- minutes, today. Langevin, Tom Lantos, Rick Larsen, John B. ert B. Aderholt, W. Todd Akin, Rodney Alex- Larson, Tom Latham, Steven C. LaTourette, Mr. MORAN of Virginia, for 5 minutes, ander, Thomas H. Allen, Jason Altmire, Rob- Barbara Lee, Sander M. Levin, Jerry Lewis, today. ert E. Andrews, Michael A. Arcuri, Joe Baca, John Lewis, Ron Lewis, John Linder, Daniel Mr. WYNN, for 5 minutes, today. Michele Bachmann, Spencer Bachus, Brian Lipinski, Frank A. LoBiondo, David Ms. KAPTUR, for 5 minutes, today. Baird, Richard H. Baker, Tammy Baldwin, J. Loebsack, Zoe Lofgren, Nita M. Lowey, Ms. WOOLSEY, for 5 minutes, today. Gresham Barrett, John Barrow, Roscoe G. Frank D. Lucas, Daniel E. Lungren, Stephen (The following Members (at the re- Bartlett, Joe Barton, Melissa L. Bean, Xa- F. Lynch, Carolyn McCarthy, Kevin McCar- quest of Mr. DANIEL E. LUNGREN of vier Becerra, Shelley Berkley, Howard L. thy, Michael T. McCaul, Betty McCollum,

VerDate Aug 31 2005 00:34 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K18OC7.083 H18OCPT1 bajohnson on PROD1PC69 with HOUSE H11774 CONGRESSIONAL RECORD — HOUSE October 18, 2007 Thaddeus G. McCotter, Jim McCrery, James Protection Agency, transmitting the Agen- Cogeneration Unit in Clean Air Interstate P. McGovern, Patrick T. McHenry, John M. cy’s final rule — Fluazinam; Pesticide Toler- Rule (CAIR), CAIR Federal Implementation McHugh, Mike McIntyre, Howard P. ‘‘Buck’’ ance [EPA-HQ-OPP-2007-0234; FRL-8152-4] re- Plans, Clean Air Mercury Rule (CAMR); and McKeon, Cathy McMorris Rodgers, Jerry ceived October 15, 2007, pursuant to 5 U.S.C. Technical Corrections to CAIR, CAIR FIPs, McNerney, Michael R. McNulty, Connie 801(a)(1)(A); to the Committee on Agri- CAMR, and Acid Rain Program Rules [EPA- Mack, Tim Mahoney, Carolyn B. Maloney, culture. HQ-OAR-2007-0012; FRL-8483-7] (RIN: 2060- Donald A. Manzullo, Kenny Marchant, Ed- 3773. A letter from the Under Secretary for A033) received October 15, 2007, pursuant to 5 ward J. Markey, Jim Marshall, Jim Mathe- Personnel and Readiness, Department of De- U.S.C. 801(a)(1)(A); to the Committee on En- son, Doris O. Matsui, Martin T. Meehan, fense, transmitting a letter on the approved ergy and Commerce. Kendrick B. Meek, Gregory W. Meeks, Char- retirement of Lieutenant General Charles L. 3783. A letter from the Principal Deputy lie Melancon, John L. Mica, Michael H. Johnson II, United States Air Force, and his Associate Administrator, Environmental Michaud, Juanita Millender-McDonald, Brad advancement to the grade of lieutenant gen- Protection Agency, transmitting the Agen- Miller, Candice S. Miller, Gary G. Miller, eral on the retired list; to the Committee on cy’s final rule — Determination of Attain- Jeff Miller, Harry E. Mitchell, Alan B. Mol- Armed Services. ment, Approval and Promulgation of Imple- lohan, Dennis Moore, Gwen Moore, James P. 3774. A letter from the Under Secretary for mentation Plans and Designation of Areas Moran, Jerry Moran, Christopher S. Murphy, Personnel and Readiness, Department of De- for Air Quality Planning Purposes; Indiana; Patrick J. Murphy, Tim Murphy, John P. fense, transmitting a letter on the approved Redesignation of Central Indiana To Attain- Murtha, Marilyn N. Musgrave, Sue Wilkins retirement of Lieutenant General Michael ment of the 8-Hour Ozone Standard [EPA- Myrick, Jerrold Nadler, Grace F. Napolitano, W. Wooley, United States Air Force, and his R05-OAR-2007-0173; FRL-8484-2] received Oc- Richard E. Neal, Randy Neugebauer, Eleanor advancement to the grade of lieutenant gen- tober 15, 2007, pursuant to 5 U.S.C. Holmes Norton, Charlie Norwood, Devin eral on the retired list; to the Committee on 801(a)(1)(A); to the Committee on Energy and Nunes, James L. Oberstar, David R. Obey, Armed Services. Commerce. John W. Olver, Solomon P. Ortiz, Frank 3775. A letter from the Under Secretary for 3784. A letter from the Principal Deputy Pallone, Jr., Bill Pascrell, Jr., Ed Pastor, Personnel and Readiness, Department of De- Associate Administrator, Environmental Ron Paul, Donald M. Payne, Stevan Pearce, fense, transmitting a letter on the approved Protection Agency, transmitting the Agen- Nancy Pelosi, Mike Pence, Ed Perlmutter, retirement Vice Admiral Ronald A. Route, cy’s final rule — Approval and Promulgation Collin C. Peterson, John E. Peterson, Thom- United States Navy, and his advancement to of State Air Quality Plans for Designated as E. Petri, Charles W. ‘‘Chip’’ Pickering, Jo- the grade of vice admiral on the retired list; Facilities and Pollutants; Commonwealth of seph R. Pitts, Todd Russell Platts, Ted Poe, to the Committee on Armed Services. Virginia; Control of Total Reduced Sulfur Earl Pomeroy, Jon C. Porter, David E. Price, 3776. A letter from the Secretary, Depart- From Pulp and Paper Mills [EPA-R03-OAR- Tom Price, Deborah Pryce, Adam H. Put- ment of Defense, transmitting letter on the 2005-VA-0012; FRL-8484-4] received October nam, George Radanovich, Nick J. Rahall II, approved retirement of General Ronald E. 15, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to Jim Ramstad, Charles B. Rangel, Ralph Reg- Keys, United States Air Force, and his ad- the Committee on Energy and Commerce. ula, Dennis R. Rehberg, David G. Reichert, vancement to the grade of general on the re- 3785. A letter from the Principal Deputy Rick Renzi, Silvestre Reyes, Thomas M. Rey- tired list; to the Committee on Armed Serv- Associate Administrator, Environmental nolds, Laura Richardson, Ciro D. Rodriguez, ices. Protection Agency, transmitting the Agen- Harold Rogers, Mike Rogers, Mike Rogers, 3777. A letter from the Under Secretary for cy’s final rule — Approval and Promulgation Dana Rohrabacher, Peter J. Roskam, Ileana Personnel and Readiness, Department of De- of Implementation Plans; State of Missouri; Ros-Lehtinen, Mike Ross, Steven R. Roth- fense, transmitting letter on the approved Transportation Conformity [EPA-R07-OAR- man, Lucille Roybal-Allard, Edward R. retirement of General Paul V. Hester, United 2007-0912; FRL-8483-3] received October 15, Royce, C. A. Dutch Ruppersberger, Bobby L. States Air Force, and his advancement to 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Rush, Paul Ryan, Tim Ryan, John T. the grade of general on the retired list; to Committee on Energy and Commerce. 3786. A letter from the Principal Deputy Salazar, Bill Sali, Linda T. Sa´ nchez, Loretta the Committee on Armed Services. 3778. A letter from the Regulatory Spe- Associate Administrator, Environmental Sanchez, John P. Sarbanes, Jim Saxton, Jan- cialist, Department of the Treasury, trans- Protection Agency, transmitting the Agen- ice D. Schakowsky, Adam B. Schiff, Jean mitting the Department’s final rule — Ex- cy’s final rule — Approval and Promulgation Schmidt, Allyson Y. Schwartz, David Scott, panded Examination Cycle for Certain Small of Implementation Plans Kentucky: Per- Robert C. ‘‘Bobby’’ Scott, F. James Sensen- Insured Depository Institutions and U.S. formance Testing and Open Burning [EPA- brenner, Jr., Jose´ E. Serrano, Pete Sessions, Branches and Agencies of Foreign Banks R04-OAR-2005-KY-0004-200733, FRL-8482-5] re- Joe Sestak, John B. Shadegg, Christopher [Docket ID OCC-2007-00014] (RIN: 1557-AD02) ceived October 15, 2007, pursuant to 5 U.S.C. Shays, Carol Shea-Porter, Brad Sherman, received October 3, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and John Shimkus, Heath Shuler, Bill Shuster, 801(a)(1)(A); to the Committee on Financial Commerce. Michael K. Simpson, Albio Sires, Ike Skel- Services. 3787. A letter from the Principal Deputy ton, Louise McIntosh Slaughter, Adam 3779. A letter from the Acting Deputy As- Associate Administrator, Environmental Smith, Adrian Smith, Christopher H. Smith, sistant Secretary for Special Education and Protection Agency, transmitting the Agen- Lamar Smith, Vic Snyder, Hilda L. Solis, Rehabilitative Services, Department of Edu- cy’s final rule — Approval and Promulgation Mark E. Souder, Zachary T. Space, John M. cation, transmitting the Department’s final of Implementation Plans and Designation of Spratt, Jr., Cliff Stearns, Bart Stupak, John rule — The Individuals With Disabilities Areas for Air Quality Planning Purposes; Sullivan, Betty Sutton, Thomas G. Education Act Multi-Year Individualized Georgia: Redesignation of Murray County, Tancredo, John S. Tanner, Ellen O. Education Program Demonstration Program Georgia 8-Hour Ozone Nonattainment Area Tauscher, Gene Taylor, Lee Terry, Bennie G. (RIN: 1820-ZA41) received October 4, 2007, to Attainment for Ozone [EPA-R04-OAR-2007- Thompson, Mike Thompson, Mac Thorn- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 0549-200742; FRL-8482-4] received October 15, berry, Todd Tiahrt, Patrick J. Tiberi, John mittee on Education and Labor. 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the F. Tierney, Edolphus Towns, Niki Tsongas, 3780. A letter from the Acting Deputy As- Committee on Energy and Commerce. Michael R. Turner, Mark Udall, Tom Udall, sistant Secretary for Special Education and 3788. A letter from the Principal Deputy Fred Upton, Chris Van Hollen, Nydia M. Rehabilitative Services, Department of Edu- Associate Administrator, Environmental ´ Velazquez, Peter J. Visclosky, Tim Walberg, cation, transmitting the Department’s final Protection Agency, transmitting the Agen- Greg Walden, James T. Walsh, Timothy J. rule — The Individuals With Disabilities cy’s final rule — Approval and Promulgation Walz, Zach Wamp, Debbie Wasserman Education Act Paperwork Waiver Dem- of State Implementation Plans and Oper- Schultz, Maxine Waters, Diane E. Watson, onstration Program (RIN: 1820-ZA42) re- ating Permits Program; State of Iowa [EPA- Melvin L. Watt, Henry A. Waxman, Anthony ceived October 4, 2007, pursuant to 5 U.S.C. R07-OAR-2007-0718; FRL-8483-1] received Oc- D. Weiner, Peter Welch, Dave Weldon, Jerry 801(a)(1)(A); to the Committee on Education tober 15, 2007, pursuant to 5 U.S.C. Weller, Lynn A. Westmoreland, Robert and Labor. 801(a)(1)(A); to the Committee on Energy and Wexler, Ed Whitfield, Roger F. Wicker, 3781. A letter from the Acting Deputy As- Commerce. Charles A. Wilson, Heather Wilson, Joe Wil- sistant Secretary for Special Education and 3789. A letter from the Principal Deputy son, Frank R. Wolf, Lynn C. Woolsey, David Rehabilitative Services, Department of Edu- Associate Administrator, Environmental Wu, Albert Russell Wynn, John A. Yarmuth, cation, transmitting the Department’s final Protection Agency, transmitting the Agen- C. W. Bill Young, Don Young rule — Technical Assistance on Data Collec- cy’s final rule — Approval and Promulgation f tion-Technical Assistance Center for Data of Air Quality Implementation Plans; Penn- Collection, Analysis, and Use for Account- sylvania; Redesignation of the Mercer Coun- EXECUTIVE COMMUNICATIONS, ability in Special Education and Early Inter- ty Portion of the Youngstown-Warren-Shar- ETC. vention — received October 4, 2007, pursuant on, OH-PA 8-Hour Ozone Nonattainment Under clause 8 of rule XII, executive to 5 U.S.C. 801(a)(1)(A); to the Committee on Area to Attainment and Approval of the Education and Labor. Area’s Maintenance Plan and 2002 Base Year communications were taken from the 3782. A letter from the Principal Deputy Inventory [EPA-R03-OAR-2007-0344; FRL- Speaker’s table and referred as follows: Associate Administrator, Environmental 8484-3] received October 15, 2007, pursuant to 3772. A letter from the Principal Deputy Protection Agency, transmitting the Agen- 5 U.S.C. 801(a)(1)(A); to the Committee on Associate Administrator, Environmental cy’s final rule — Revisions to Definition of Energy and Commerce.

VerDate Aug 31 2005 00:34 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A18OC7.024 H18OCPT1 bajohnson on PROD1PC69 with HOUSE October 18, 2007 CONGRESSIONAL RECORD — HOUSE H11775 3790. A letter from the Principal Deputy U.S.C. 331; to the Committee on the Judici- By Mr. TIM MURPHY of Pennsylvania: Associate Administrator, Environmental ary. H.R. 3884. A bill to amend title 18, United Protection Agency, transmitting the Agen- 3800. A letter from the Principal Deputy States Code, to provide for punishment for cy’s final rule — Approval and Promulgation Assistant Attorney General, Department of killing a member of the Armed Forces of the of Air Quality Implementation Plans; Com- Justice, transmitting the 2006 annual report United States; to the Committee on the Ju- monwealth of Virginia; Control of Particu- on the activities and operations of the Public diciary. late Matter From Pulp and Paper Mills Integrity Section, Criminal Division, pursu- By Mr. TIM MURPHY of Pennsylvania: [EPA-R03-OAR-2005-VA-0011; FRL-8484-5] re- ant to 28 U.S.C. 529; to the Committee on the H.R. 3885. A bill to suspend temporarily the ceived October 15, 2007, pursuant to 5 U.S.C. Judiciary. duty on standard grade ferroniobium; to the 801(a)(1)(A); to the Committee on Energy and 3801. A letter from the Principal Deputy Committee on Ways and Means. Commerce. Assistant Attorney General, Department of By Ms. SCHAKOWSKY (for herself and 3791. A letter from the Deputy Director, Justice, transmitting a report of the Bureau Mr. CANTOR): H.R. 3886. A bill to optimize the delivery of Defense Security Cooperation Agency, trans- of Justice Assistance entitled, ‘‘Fiscal Year critical care medicine and expand the crit- mitting pursuant to the reporting require- 2005 Annual Report to Congress,’’ pursuant ical care workforce; to the Committee on ments of Section 36(b)(1) of the Arms Export to 42 U.S.C. 3711; to the Committee on the Energy and Commerce, and in addition to Control Act, as amended, Transmittal No. 08- Judiciary. the Committee on Agriculture, for a period 12, concerning the Department of the Navy’s 3802. A letter from the Principal Deputy to be subsequently determined by the Speak- proposed Letter(s) of Offer and Acceptance to Assistant Attorney General, Department of er, in each case for consideration of such pro- Australia for defense articles and services; to Justice, transmitting a copy of a draft bill to visions as fall within the jurisdiction of the the Committee on Foreign Affairs. amend the reporting requirements of Title committee concerned. 3792. A letter from the Deputy Director, III of the Omnibus Crime Control and Safe By Mr. LANTOS (for himself, Mr. Defense Security Cooperation Agency, trans- Streets Act of 1968; to the Committee on the SMITH of New Jersey, Mr. CONYERS, mitting pursuant to the reporting require- Judiciary. Mr. WOLF, Mr. GEORGE MILLER of ments of Section 36(b)(1) of the Arms Export 3803. A letter from the Principal Deputy California, Ms. ROS-LEHTINEN, Ms. Control Act, as amended, Transmittal No. 08- Assistant Attorney General, Department of ZOE LOFGREN of California, Mr. 24, concerning the Department of the Navy’s Justice, transmitting the Department’s re- PITTS, Mrs. MALONEY of New York, proposed Letter(s) of Offer and Acceptance to port on ‘‘data-mining’’ activities pursuant to Mrs. DRAKE, Mr. NADLER, and Mr. Australia for defense articles and services; to Section 126 of the USA Patriot Improvement HASTINGS of Florida): the Committee on Foreign Affairs. and Reauthorization Act of 2005, Pub. L. 109- H.R. 3887. A bill to authorize appropria- 3793. A letter from the Deputy Director, 177; to the Committee on the Judiciary. tions for fiscal years 2008 through 2011 for the Defense Security Cooperation Agency, trans- f Trafficking Victims Protection Act of 2000, mitting pursuant to the reporting require- to enhance measures to combat forced labor, ments of Section 36(b)(1) of the Arms Export REPORTS OF COMMITTEES ON and for other purposes; to the Committee on Control Act, as amended, Transmittal No. 08- PUBLIC BILLS AND RESOLUTIONS Foreign Affairs, and in addition to the Com- 05, concerning the Department of the Army’s mittees on the Judiciary, and Energy and proposed Letter(s) of Offer and Acceptance to Under clause 2 of rule XIII, reports of Commerce, for a period to be subsequently Egypt for defense articles and services; to committees were delivered to the Clerk determined by the Speaker, in each case for the Committee on Foreign Affairs. for printing and reference to the proper consideration of such provisions as fall with- 3794. A letter from the Deputy Director, calendar, as follows: in the jurisdiction of the committee con- Defense Security Cooperation Agency, trans- Mr. OBERSTAR: Committee on Transpor- cerned. mitting pursuant to the reporting require- By Mrs. MUSGRAVE (for herself, Mr. ments of Section 36(b)(1) of the Arms Export tation and Infrastructure. H.R. 3224. A bill to amend the National Dam Safety Program PRICE of Georgia, Mr. FEENEY, Mr. Control Act, as amended, Transmittal No. 08- WALBERG, Mr. BOEHNER, Mr. BLUNT, 03, concerning the Department of the Army’s Act to establish a program to provide grant assistance to States for the rehabilitation Mr. CANTOR, Mr. PUTNAM, Mr. KEL- proposed Letter(s) of Offer and Acceptance to LER, Mr. TERRY, Mr. ROSKAM, Mr. Saudi Arabia for defense articles and serv- and repair of deficient dams; with an amendment (Rept. 110–386). Referred to the Com- THORNBERRY, Mr. SESSIONS, Mr. ices; to the Committee on Foreign Affairs. CHABOT, Mr. DAVID DAVIS of Ten- 3795. A letter from the Director, Defense mittee of the Whole House on the State of nessee, Mr. HELLER, Mr. KLINE of Security Cooperation Agency, transmitting the Union. Minnesota, Mr. PENCE, Mr. CARTER, pursuant to the reporting requirements of Mr. OBERSTAR: Committee on Transpor- Mr. GOHMERT, Mr. WELDON of Florida, Section 36(b)(1) of the Arms Export Control tation and Infrastructure. H.R. 3247. A bill to Mr. WESTMORELAND, Mr. PITTS, Mr. Act, as amended, Transmittal No. 08-04, con- improve the provision of disaster assistance BISHOP of Utah, Mrs. BLACKBURN, Mr. cerning the Department of the Army’s pro- for Hurricanes Katrina and Rita, and for ISSA, Mr. BARTLETT of Maryland, Mr. posed Letter(s) of Offer and Acceptance to other purposes; with an amendment (Rept. SMITH of Nebraska, Mr. HOEKSTRA, United Arab Emirates for defense articles 110–387). Referred to the Committee of the Mrs. SCHMIDT, Mr. BROWN of South and services; to the Committee on Foreign Whole House on the State of the Union. Carolina, Mr. COBLE, Mr. MILLER of Affairs. Mr. RAHALL: Committee on Natural Re- Florida, Mr. BURTON of Indiana, Mr. 3796. A letter from the Deputy Director, sources. H.R. 1483. A bill to amend the Omni- GINGREY, Mr. BOOZMAN, Mr. SMITH of Defense Security Cooperation Agency, trans- bus Parks and Public Lands Management Texas, Mr. GARY G. MILLER of Cali- mitting pursuant to the reporting require- Act of 1996 to extend the authorization for fornia, Mr. CRENSHAW, Mr. WAMP, ments of Section 36(b)(1) of the Arms Export certain national heritage areas, and for Mrs. CUBIN, and Mr. FRANKS of Ari- Control Act, as amended, Transmittal No. 08- other purposes, with an amendment (Rept. 110–388). Referred to the Committee of the zona): 08 concerning the Department of the Air H.R. 3888. A bill to provide for a 5-year Whole House on the State of the Union. Force’s proposed Letter(s) of Offer and Ac- SCHIP reauthorization for coverage of low- Mr. RAHALL: Committee on Natural Re- ceptance to Kuwait for defense articles and income children, an expansion of child services; to the Committee on Foreign Af- sources. H.R. 505. A bill to express the policy health care insurance coverage through tax fairs. of the United States regarding the United fairness, and a health care Federalism initia- 3797. A letter from the Secretary, Depart- States relationship with Native Hawaiians tive, and for other purposes; to the Com- ment of Housing and Urban Development, and to provide a process for the recognition mittee on Energy and Commerce, and in ad- transmitting the Inspector General’s semi- by the United States of the Native Hawaiian dition to the Committees on Ways and annual report for the period October 1, 2006 governing entity (Rept. 110–389). Referred to Means, and Rules, for a period to be subse- through March 31, 2007, pursuant to 5 U.S.C. the Committee of the Whole House on the quently determined by the Speaker, in each app. (Insp. Gen. Act) section 5(b); to the State of the Union. case for consideration of such provisions as Committee on Oversight and Government Mr. CONYERS: Committee on the Judici- fall within the jurisdiction of the committee Reform. ary. H.R. 3564. A bill to amend title 5, United concerned. 3798. A letter from the Assistant Secretary States Code, to authorize appropriations for By Mr. BOOZMAN: for Fish and Wildlife and Parks, Department the Administrative Conference of the United H.R. 3889. A bill to amend title 38, United of the Interior, transmitting the Depart- States through fiscal year 2011, and for other States Code, to require the Secretary of Vet- ment’s final rule — Migratory Bird Permits; purposes (Rept. 110–390). Referred to the erans Affairs to conduct a longitudinal study Removal of Migratory Birds from Buildings Committee of the Whole House on the State of the vocational rehabilitation programs (RIN: 1018-AV10) received October 5, 2007, of the Union. administered by the Secretary; to the Com- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Veterans’ Affairs. f mittee on Natural Resources. By Mr. LANTOS (for himself, Ms. ROS- 3799. A letter from the Chief Justice, Su- PUBLIC BILLS AND RESOLUTIONS LEHTINEN, Mr. KING of New York, preme Court of the United States, transmit- Mrs. MALONEY of New York, Mr. ting a copy of the Report of the Proceedings Under clause 2 of rule XII, public SMITH of New Jersey, and Mr. PITTS): of the Judicial Conference of the United bills and resolutions were introduced H.R. 3890. A bill to amend the Burmese States, September 19, 2006, pursuant to 28 and severally referred, as follows: Freedom and Democracy Act of 2003 to waive

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the requirement for annual renewal resolu- H.R. 3898. A bill to impose travel and other FORTUN˜ O, Mrs. MYRICK, Mr. FEENEY, tions relating to import sanctions, impose related restrictions on heads of state of Mr. CAMPBELL of California, Mr. import sanctions on Burmese gemstones, ex- countries that are state sponsors of ter- PENCE, Mr. KLINE of Minnesota, Mr. pand the number of individuals against rorism who are attending events at the BARTLETT of Maryland, Ms. FOXX, whom the visa ban is applicable, expand the United Nations in New York City; to the Mr. PRICE of Georgia, Mr. GOHMERT, blocking of assets and other prohibited ac- Committee on Foreign Affairs. Mr. CARTER, Mr. BARRETT of South tivities, and for other purposes; to the Com- By Mr. HUNTER: Carolina, Mr. BILBRAY, Mr. KING of mittee on Foreign Affairs, and in addition to H.R. 3899. A bill to provide a civil action Iowa, Mr. LAMBORN, and Mr. the Committees on Ways and Means, and the for a minor injured by exposure to an enter- MCCOTTER): Judiciary, for a period to be subsequently detainment product containing material that H.R. 3908. A bill to direct the Architect of termined by the Speaker, in each case for is harmful to minors, and for other purposes; the Capitol to ensure that the Pledge of Alle- consideration of such provisions as fall with- to the Committee on the Judiciary. giance to the Flag and the national motto in the jurisdiction of the committee con- By Mr. HUNTER: ‘‘In God We Trust‘‘ are each displayed promi- cerned. H.R. 3900. A bill to amend the Internal Rev- nently in the Capitol Visitor Center on a per- By Mr. BROWN of South Carolina (for enue Code of 1986 to exempt from tax income manent basis and to prohibit the Architect himself and Ms. BORDALLO): from domestic manufacturing activities; to from removing or refusing to include lan- H.R. 3891. A bill to amend the National the Committee on Ways and Means. guage or other content from exhibits and Fish and Wildlife Foundation Establishment By Mr. KIRK (for himself and Mr. materials relating to the Capitol Visitor Act to increase the number of Directors on ROSKAM): Center on the grounds that the language or the Board of Directors of the National Fish H.R. 3901. A bill to require the Secretary of content includes a religious reference or and Wildlife Foundation; to the Committee Agriculture, acting through the Deputy Judeo-Christian content; to the Committee on Natural Resources. Chief of the State and Private Forestry orga- on House Administration. By Mr. DAVIS of Illinois (for himself, nization, to provide loans to eligible units of By Mrs. TAUSCHER (for herself and Mr. CUMMINGS, Mr. WYNN, Mr. local government to finance purchases of au- Mr. CASTLE): KUCINICH, Mr. MORAN of Virginia, Ms. thorized equipment to monitor, remove, dis- H.R. 3909. A bill to require a report on the NORTON, Mr. JEFFERSON, Mr. SAR- pose of, and replace infested trees that are size and mixture of the Air Force interthe- BANES, Mr. LYNCH, and Mr. BRALEY of located on land under the jurisdiction of the ater airlift force; to the Committee on Iowa): eligible units of local government and within Armed Services. H.R. 3892. A bill to establish the Federal the borders of quarantine areas infested by By Mr. VAN HOLLEN: Labor-Management Partnership Council; to the emerald ash borer, and for other pur- H.R. 3910. A bill to amend title 5, United the Committee on Oversight and Govern- poses; to the Committee on Agriculture. States Code, to allow any Federal employee ment Reform. By Mr. LOEBSACK (for himself, Mr. who has performed sufficient service to enti- By Mr. ALLEN (for himself and Mr. HARE, and Mr. SARBANES): tle such employee to the maximum annuity MICHAUD): H.R. 3902. A bill to amend part D of title V percentage allowable under the Civil Service H.R. 3893. A bill to promote the deploy- of the Elementary and Secondary Education Retirement System to terminate retirement ment and adoption of telecommunications Act of 1965 to provide grants for the renova- services and information technologies, and deductions from pay; to the Committee on tion of schools; to the Committee on Edu- for other purposes; to the Committee on En- Oversight and Government Reform. ergy and Commerce. cation and Labor. By Mrs. SCHMIDT (for herself, Mr. By Ms. BEAN: By Mr. MATHESON (for himself, Mr. OBERSTAR, and Ms. GINNY BROWN- H.R. 3894. A bill to amend the Truth in HILL, Mr. GORDON, and Ms. BEAN): WAITE of Florida): Lending Act to establish requirements for H.R. 3903. A bill to amend the Consumer H. Con. Res. 239. Concurrent resolution rec- providing negatively amortizing mortgage Product Safety Act to require the develop- ognizing and honoring birthparents who loans to first-time borrowers, and for other ment of a multi-stage product testing proc- carry out an adoption plan; to the Com- purposes; to the Committee on Financial ess to ensure compliance of children’s prod- mittee on Education and Labor. Services. ucts with consumer product safety stand- By Mr. CANTOR (for himself and Ms. By Ms. DELAURO (for herself, Mr. ards, and for other purposes; to the Com- BERKLEY): WAXMAN, Ms. WOOLSEY, Mr. MORAN of mittee on Energy and Commerce. H. Res. 756. A resolution condemning the Virginia, Ms. SCHAKOWSKY, Mr. By Mrs. MCCARTHY of New York: Wakf’s digging activities at the Temple H.R. 3904. A bill to amend the Public EMANUEL, Mr. GEORGE MILLER of Mount site and deploring the destruction of Health Service Act with regard to research California, Mr. HINCHEY, Ms. MCCOL- artifacts vitally important to Jewish, Chris- on asthma, and for other purposes; to the LUM of Minnesota, Ms. ZOE LOFGREN tian and Muslim faiths; to the Committee on Committee on Energy and Commerce. of California, Mr. GRIJALVA, Mr. Foreign Affairs. By Mr. MCDERMOTT (for himself, Mr. MCGOVERN, and Ms. KAPTUR): By Mr. ANDREWS (for himself, Mrs. H.R. 3895. A bill to amend the Federal ENGLISH of Pennsylvania, Mr. SMITH MALONEY of New York, Ms. JACKSON- Food, Drug, and Cosmetic Act to extend the of Washington, Mr. WELLER, Ms. LEE of Texas, Mr. BOUCHER, and Mr. food labeling requirements of the Nutrition WATSON, Mr. BURTON of Indiana, Mr. COHEN): Labeling and Education Act of 1990 to enable BLUMENAUER, Mr. CROWLEY, and Mr. H. Res. 757. A resolution requiring the customers to make informed choices about MEEK of Florida): House of Representatives to take any legisla- the nutritional content of standard menu H.R. 3905. A bill to provide for an addi- tive action necessary to verify the ratifica- items in large chain restaurants; to the Com- tional trade preference program for least de- tion of the Equal Rights Amendment as part mittee on Energy and Commerce. veloped countries, and for other purposes; to of the Constitution when the legislatures of By Ms. DELAURO (for herself, Mr. the Committee on Ways and Means, and in an additional three States ratify the Equal WEINER, Mr. ISRAEL, Mr. HARE, and addition to the Committees on Foreign Af- Rights Amendment; to the Committee on the Mr. WELCH of Vermont): fairs, and Financial Services, for a period to Judiciary. H.R. 3896. A bill to facilitate efficient in- be subsequently determined by the Speaker, By Mr. BLUNT (for himself and Ms. vestments and financing of infrastructure in each case for consideration of such provi- BERKLEY): projects and new job creation through the es- sions as fall within the jurisdiction of the H. Res. 758. A resolution urging Palestinian tablishment of a National Infrastructure De- committee concerned. Authority President Mahmoud Abbas, who is velopment Corporation, and for other pur- By Mr. MURPHY of Connecticut: also Chairman of his Fatah party, to offi- poses; to the Committee on Transportation H.R. 3906. A bill to amend the Internal Rev- cially abrogate the 10 articles in the Fatah and Infrastructure, and in addition to the enue Code of 1986 to make permanent the de- Constitution that call for Israel’s destruc- Committees on Financial Services, and Ways duction for State and local sales tax, the de- tion and terrorism against Israel, oppose any and Means, for a period to be subsequently duction for qualified tuition and related ex- political solution to the Israeli-Palestinian determined by the Speaker, in each case for penses, the deduction for mortgage interest conflict, and label Zionism as racism; to the consideration of such provisions as fall with- premiums, and the modifications to the de- Committee on Foreign Affairs. in the jurisdiction of the committee con- pendent care credit; to the Committee on By Mr. WAXMAN (for himself, Mr. cerned. Ways and Means. ENGEL, Mr. BERMAN, Ms. SCHWARTZ, By Mr. DONNELLY: By Mr. MURPHY of Connecticut: Mr. WEXLER, Mr. HASTINGS of Flor- H.R. 3897. A bill to amend the Internal Rev- H.R. 3907. A bill to amend the Internal Rev- ida, Mr. LEVIN, Mr. CANTOR, Mr. enue Code of 1986 to permanently extend the enue Code of 1986 to provide tax relief for ROTHMAN, Mr. SCHIFF, Mr. HONDA, deduction for environmental remediation small businesses; to the Committee on Ways Mr. BUTTERFIELD, Mr. LEWIS of Geor- costs; to the Committee on Ways and Means. and Means. gia, Mr. CROWLEY, Mr. NADLER, and By Mr. FOSSELLA (for himself, Mr. By Mrs. MUSGRAVE (for herself, Mr. Mr. ACKERMAN): KING of New York, Mr. TANCREDO, HOEKSTRA, Mrs. BACHMANN, Mr. H. Res. 759. A resolution recognizing the Mr. KUHL of New York, Mr. FEENEY, HERGER, Mr. PITTS, Mr. SHADEGG, Mr. 40th Anniversary of the Mass Movement for Mr. POE, Mr. BUYER, Mr. BAKER, Mrs. GOODE, Mr. WESTMORELAND, Mr. CAN- Soviet Jewish Freedom and the 20th Anni- MYRICK, Mr. MARIO DIAZ-BALART of TOR, Mr. DOOLITTLE, Mr. DAVID DAVIS versary of the Freedom Sunday Rally for So- Florida, Mr. TERRY, and Mr. PITTS): of Tennessee, Mr. WALBERG, Mr. viet Jewry on the Mall in Washington, D.C;

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to the Committee on Oversight and Govern- H.R. 2164: Mr. GARY G. MILLER of Cali- H.R. 3418: Mr. CRAMER. ment Reform. fornia. H.R. 3461: Mr. CARNAHAN, Mr. GRIJALVA, By Ms. CASTOR (for herself and Mr. H.R. 2169: Mr. PATRICK MURPHY of Pennsyl- Mr. MCGOVERN, Mr. BOYD of Florida, Mr. REICHERT): vania, Mr. HALL of New York, and Mr. HALL of New York, Mr. BOSWELL, Mr. COO- H. Res. 760. A resolution supporting the SESTAK. PER, and Mr. EMANUEL. goals and ideals of Children’s Health Month; H.R. 2234: Ms. SLAUGHTER. H.R. 3481: Mr. BLUMENAUER, Mr. WALZ of to the Committee on Energy and Commerce. H.R. 2280: Mr. BARROW. Minnesota, Mr. JACKSON of Illinois, Mr. By Mr. WOLF: H.R. 2329: Mr. PLATTS and Mr. CHANDLER. FARR, Mrs. CHRISTENSEN, Mr. WELCH of H. Res. 761. A resolution expressing the H.R. 2392: Mr. RANGEL. Vermont, Ms. WATERS, Ms. MCCOLLUM of sense of the House of Representatives regard- H.R. 2405: Mrs. MCCARTHY of New York and Minnesota, Ms. HIRONO, Mr. LEWIS of Geor- ing the violation of the human rights of Mr. GILCHREST. gia, Mr. PATRICK MURPHY of Pennsylvania, United Nations Special Rapporteur on Traf- H.R. 2408: Mr. BOOZMAN. and Ms. LORETTA SANCHEZ of California. ficking in Persons, Sigma Huda, and others, H.R. 2457: Mr. WATT. H.R. 3498: Mr. COHEN. by the caretaker government of Bangladesh; H.R. 2464: Mr. KIND and Ms. BALDWIN. H.R. 3511: Mr. MCCRERY, Mr. BAKER, Mr. to the Committee on Foreign Affairs. H.R. 2470: Mr. MARKEY and Mr. SESTAK. MELANCON, Mr. BOUSTANY, Mr. JINDAL, and H.R. 2508: Mr. GARY G. MILLER of Cali- Mr. JEFFERSON. f fornia. H.R. 3514: Mr. HINOJOSA. H.R. 2537: Mr. KAGEN, Mr. KLEIN of Florida, ADDITIONAL SPONSORS H.R. 3533: Ms. BALDWIN. Ms. SCHAKOWSKY, Mr. SESTAK, and Mr. ROTH- H.R. 3541: Ms. HIRONO and Mrs. CUBIN. MAN. Under clause 7 of rule XII, sponsors H.R. 3543: Mr. WALZ of Minnesota. H.R. 2550: Mr. STUPAK and Mr. SKELTON. were added to public bills and resolu- H.R. 3544: Ms. BALDWIN. H.R. 2566: Mr. ELLSWORTH. tions as follows: H.R. 3545: Mr. KIND. H.R. 2585: Mr. BURTON of Indiana. H.R. 3569: Mr. HERGER, Mr. CARDOZA, Ms. H.R. 39: Mr. LARSON of Connecticut. H.R. 2747: Mr. LATHAM. ZOE LOFGREN of California, Mr. FARR, Mr. H.R. 121: Mr. WALSH of New York. H.R. 2784: Mr. SMITH of Texas. RADANOVICH, Mr. NUNES, Mr. MCCARTHY of H.R. 136: Ms. GINNY BROWN-WAITE of Flor- H.R. 2834: Ms. SLAUGHTER. California, Mrs. CAPPS, Mr. GALLEGLY, Mr. ida. H.R. 2860: Mr. JINDAL. C EON REIER HERMAN H.R. 138: Ms. GINNY BROWN-WAITE of Flor- H.R. 2933: Mr. PUTNAM. M K , Mr. D , Mr. S , Ms. ´ ida and Mrs. CUBIN. H.R. 2964: Mr. MOORE of Kansas, Mr. LINDA T. SANCHEZ of California, Mr. ROYCE, H.R. 139: Mr. PAUL. CUMMINGS, Mrs. CAPPS, Mr. FILNER, and Mr. Mr. LEWIS of California, Mr. GARY G. MILLER H.R. 460: Mr. CAPUANO. STARK. of California, Mr. CALVERT, Mrs. BONO, Mr. H.R. 468: Mr. HASTINGS of Florida. H.R. 3001: Mr. HASTINGS of Florida. ROHRABACHER, Ms. LORETTA SANCHEZ of Cali- H.R. 503: Ms. WASSERMAN SCHULTZ. H.R. 3005: Mr. BARROW and Ms. KILPATRICK. fornia, Mr. CAMPBELL of California, Mr. ISSA, H.R. 510: Mr. LATHAM. H.R. 3012: Mr. GERLACH and Mr. JONES of Mr. BILBRAY, Mr. FILNER, Mr. HUNTER, Mrs. H.R. 688: Ms. GIFFORDS. North Carolina. DAVIS of California, and Ms. PELOSI. H.R. 719: Mr. FEENEY. H.R. 3016: Mr. TIAHRT. H.R. 3584: Mr. HENSARLING. H.R. 826: Mr. BURTON of Indiana. H.R. 3047: Mr. STEARNS. H.R. 3585: Mr. WU. H.R. 871: Mr. LANTOS. H.R. 3187: Mr. SOUDER. H.R. 3609: Mr. BLUMENAUER. H.R. 891: Mr. ALTMIRE, Mr. BISHOP of New H.R. 3195: Mr. RYAN of Ohio, Mr. LINCOLN H.R. 3622: Mr. SCOTT of Georgia, Mr. York, and Mr. GERLACH. DAVIS of Tennessee, Ms. ROS-LEHTINEN, Ms. MICHAUD, Mr. ADERHOLT, Mr. ALTMIRE, and H.R. 946: Mrs. LOWEY and Mr. FILNER. HIRONO, Mrs. MILLER of Michigan, Mr. BU- Mr. BARROW. H.R. 1108: Mr. DICKS. CHANAN, and Mr. LOBIONDO. H.R. 3627: Ms. SUTTON. H.R. 1174: Mr. STEARNS, Mr. SESTAK, Mrs. H.R. 3212: Ms. ZOE LOFGREN of California. H.R. 3635: Mr. LYNCH, Mr. COSTA, and Mr. BLACKBURN, Mr. BROWN of South Carolina, H.R. 3224: Ms. HERSETH SANDLIN. CAMP of Michigan. Mr. EHLERS, Mr. JONES of North Carolina, H.R. 3229: Mr. RENZI, Mr. GALLEGLY, Mr. H.R. 3654: Mr. BOREN, Mr. BOSWELL, Mr. Mr. CALVERT, Mr. MARIO DIAZ-BALART of DANIEL E. LUNGREN of California, Mr. BILI- CRAMER, Mr. SHULER, Mrs. DAVIS of Cali- Florida, and Mr. BOUSTANY. RAKIS, Mr. MICA, Mr. PUTNAM, Mr. KING of fornia, Mr. PETERSON of Minnesota, Mr. H.R. 1222: Mr. HARE. Iowa, Mr. CRENSHAW, Mr. LINCOLN DIAZ- CHANDLER, Mr. HELLER, Mr. KINGSTON, Mr. H.R. 1223: Mr. HARE. BALART of Florida, Mr. BURTON of Indiana, STEARNS, Mr. GARRETT of New Jersey, Mr. H.R. 1244: Ms. SCHAKOWSKY and Mr. Mr. TIAHRT, Mr. DAVIS of Kentucky, Mr. PENCE, Mr. EVERETT, Mrs. MCMORRIS ROD- CUMMINGS. BOUSTANY, Mr. BAKER, Mr. ROGERS of Michi- GERS, Mr. THORNBERRY, and Mr. TIBERI. H.R. 1275: Mr. OLVER. gan, Mr. REHBERG, Mr. PEARCE, Mr. COBLE, H.R. 3664: Mr. SENSENBRENNER. H.R. 1304: Mr. KENNEDY and Mr. BACHUS. Mr. LATOURETTE, Mr. TURNER, Mr. DENT, Mr. H.R. 3691: Ms. BERKLEY, Mr. DAVIS of Illi- H.R. 1314: Mr. PICKERING. ENGLISH of Pennsylvania, Mr. SHUSTER, Mrs. nois, Mr. GENE GREEN of Texas, Mr. ISRAEL, H.R. 1418: Ms. SHEA-PORTER. BLACKBURN, Mr. DUNCAN, Mr. CARTER, Mr. Mr. KAGEN, Mr. MORAN of Virginia, Mr. MUR- H.R. 1419: Mr. WATT and Mr. RYAN of Wis- HALL of Texas, Ms. GRANGER, Mr. POE, Mr. PHY of Connecticut, Mr. PALLONE, Mr. consin. SMITH of Texas, Mr. CANTOR, Mr. FURTUPO, PAYNE, Mr. STUPAK, Mr. BRALEY of Iowa, Mr. H.R. 1422: Mr. CAMP of Michigan. Mr. CHABOT, Mr. NEUGEBAUER, Mr. BOOZMAN, ROTHMAN, Mr. BERMAN, Mr. CARDOZA, Mr. H.R. 1459: Mr. BAKER. Mr. SKELTON, Mr. BOEHNER, Mr. HASTERT, DELAHUNT, Mr. KILDEE, Ms. KILPATRICK, Mr. H.R. 1552: Mr. CLAY and Mr. SCHIFF. Mr. LAHOOD, Mr. PICKERING, Mr. SESSIONS, CONYERS, Mr. COSTELLO, Mr. ABERCROMBIE, H.R. 1576: Mr. PRICE of North Carolina and Mr. WICKER, Mr. GOODE, Mr. LUCAS, Mr. ROG- Mr. CROWLEY, Mr. BLUMENAUER, Mr. Mr. BOUCHER. ERS of Alabama, Mr. BONNER, Mr. GRAVES, HASTINGS of Florida, Mr. BECERRA, Mr. GOR- H.R. 1584: Mr. WATT. Mrs. MYRICK, Mrs. CUBIN, Mr. LATHAM, Ms. DON, and Mr. FRANK of Massachusetts. H.R. 1609: Mr. PETERSON of Minnesota and GINNY BROWN-WAITE of Florida, Mr. H.R. 3697: Mr. ENGEL. Mr. MILLER of North Carolina. CUELLAR, Mr. MCCAUL of Texas, Mr. FLAKE, H.R. 3710: Mr. BRADY of Pennsylvania. H.R. 1619: Mr. CALVERT and Mr. AL GREEN Mr. SHULER, Ms. FOXX, Mr. COLE of Okla- H.R. 3711: Mr. SPACE, Mr. PASTOR, Mr. STU- of Texas. homa, Mr. ROSKAM, Mr. JOHNSON of Georgia, PAK, and Mr. FORTUN´ O. H.R. 1644: Mr. PASCRELL, Mr. MILLER of Mr. KIRK, Mr. SHADEGG, Mr. BISHOP of Utah, H.R. 3718: Mr. PATRICK MURPHY of Pennsyl- North Carolina, Ms. DEGETTE, and Ms. KIL- Mr. MCCRERY, Mr. BOREN, Mr. SIMPSON, Mr. vania, Ms. SUTTON, and Ms. MCCOLLUM of PATRICK. HUNTER, Mr. BARROW, Mr. SCOTT of Georgia, Minnesota. H.R. 1655: Mr. HINCHEY and Ms. BERKLEY. Mr. MELANCON, Mr. FORTENBERRY, Mr. POR- H.R. 3726: Mr. ARCURI and Mr. KLEIN of H.R. 1665: Mr. ROGERS of Kentucky and Mr. TER, Mr. REYNOLDS, Mrs. SCHMIDT, Mr. KUHL Florida. LAHOOD. of New York, Mr. JONES of North Carolina, H.R. 3727: Mr. GRIJALVA. H.R. 1747: Ms. GINNY BROWN-WAITE of Flor- Mr. BOYD of Florida, Mr. ROSS, Mr. LINCOLN H.R. 3753: Mr. GERLACH, Mr. FEENEY, Mr. ida. DAVIS of Tennessee, Mr. EHLERS, Ms. MATSUI, CUELLAR, Mr. DAVIS of Alabama, Mr. MORAN H.R. 1783: Mr. LOBIONDO and Ms. ZOE Mr. TERRY, Mr. CALVERT, Mr. LEWIS of Geor- of Kansas, Mr. COHEN, Mr. DREIER, Mr. LEWIS LOFGREN of California. gia, Mr. MCCOTTER, Mr. SHAYS, Mr. of California, Mr. CANNON, Ms. ESHOO, and H.R. 1881: Mr. CLAY, Mr. SESTAK, and Mr. PASCRELL, Mr. HOEKSTRA, and Mr. ISSA. Mr. RUPPERSBERGER. SERRANO. H.R. 3273: Mr. FORTENBERRY and Ms. LO- H.R. 3779: Mr. GOODLATTE, Mr. GARY G. H.R. 1971: Mr. COSTELLO. RETTA SANCHEZ of California. MILLER of California, Mr. AKIN, and Ms. H.R. 1976: Mr. PASCRELL. H.R. 3281: Mr. DOYLE. GINNY BROWN-WAITE of Florida. H.R. 2016: Ms. SOLIS, Mr. HONDA, Ms. KIL- H.R. 3309: Mr. MCNULTY. H.R. 3793: Mr. MITCHELL, Mrs. TAUSCHER, PATRICK, Mr. SPRATT, and Mr. KENNEDY. H.R. 3320: Mr. BILIRAKIS. Ms. HOOLEY, Mr. PORTER, and Mr. GORDON. H.R. 2045: Mr. MARKEY. H.R. 3339: Ms. BALDWIN. H.R. 3797: Mr. ENGLISH of Pennsylvania and H.R. 2070: Mr. JACKSON of Illinois. H.R. 3363: Mr. HINCHEY. Mr. CLAY. H.R. 2091: Ms. CLARKE and Mr. CARNEY. H.R. 3378: Ms. BERKLEY, Mr. AL GREEN of H.R. 3801: Mr. MEEKS of New York and Mr. H.R. 2123: Ms. ROS-LEHTINEN. Texas, and Mr. SIRES. AL GREEN of Texas. H.R. 2138: Mr. SALI. H.R. 3413: Mr. CAMPBELL of California. H.R. 3802: Mr. SMITH of Nebraska.

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H.R. 3806: Mr. FRANKS of Arizona. GRAVES, Mr. NEUGEBAUER, Mr. KAGEN, Mrs. John Campbell, Lee Terry, Dean Heller, H.R. 3818: Mr. THORNBERRY, Mrs. MCMORRIS GILLIBRAND, Mr. HAYES, and Mr. MAHONEY of Mike Ferguson, Gus M. Bilirakis, Ileana Ros- RODGERS, Mr. BROWN of South Carolina, Mr. Florida. Lehtinen, Peter J. Roskam, J. Gresham Bar- FLAKE, Mr. RADANOVICH, Mr. SMITH of Texas, H. Res. 693: Mr. GRIJALVA and Mr. rett, Henry E. Brown, Jr., Ted Poe, Jeff Mil- Mr. BARRETT of South Carolina, Mr. SHAD- MCDERMOTT. ler, Daniel E. Lungren, Jeff Fortenberry, EGG, Mr. HOEKSTRA, Mr. MANZULLO, Mr. H. Res. 735: Ms. BEAN, Mr. DELAHUNT, Mr. Charles W. Dent, Michael T. McCaul, Steve CARTER, Mr. GOHMERT, Mrs. MYRICK, Mr. SALAZAR, Mr. LOEBSACK, Mr. MCNERNEY, Mr. King, Tom Feeney, Louie Gohmert, Bill Shu- Fortun˜ o, Mr. DAVID DAVIS of Tennessee, and SIRES, Mr. PASCRELL, Mr. DEFAZIO, Mr. ster, John Abney Culberson, Virginia Foxx, Mr. CALVERT. MITCHELL, Mr. MCGOVERN, Mr. KIND, Mr. Harold Rogers, Ron Lewis, John Shimkus, H.R. 3824: Mr. DOGGETT, Mr. UPTON, Mr. MOORE of Kansas, Mr. DICKS, Mr. OLVER, and Barbara Cubin, Dan Burton, Lincoln Diaz- GILCHREST, and Mr. MOORE of Kansas. Ms. KILPATRICK. Balart, Rodney Alexander, Dennis R. H.R. 3825: Mrs. MCCARTHY of New York, Ms. H. Res. 740: Mr. HONDA, Mr. SMITH of New Rehberg, John Kline, Frank A. LoBiondo, BALDWIN, Mr. RUSH, Ms. MATSUI, Mr. ROTH- Jersey, Ms. WOOLSEY, Ms. WATSON, Mr. Mac Thornberry, Ric Keller, Fred Upton, Jo MAN, Ms. ESHOO, Mr. PEARCE, and Mr. TOWNS. WEXLER, Mr. JEFFERSON, Mr. COSTELLO, Mr. Bonner, Michael R. Turner, Scott Garrett, H.R. 3827: Mr. CROWLEY. OLVER, and Mr. RANGEL. Chris Cannon, Ken Calvert, Jim Gerlach, H.R. 3837: Mr. CLAY. H. Res. 748: Mr. HASTERT, Mr. Jerry Moran, Candice S. Miller, Thelma D. H.R. 3841: Mr. HINCHEY. FORTENBERRY, and Mr. ROGERS of Alabama. Drake, Dana Rohrabacher, Zach Wamp, Jo H.R. 3864: Mr. HOEKSTRA, Mr. GINGREY, Mr. Ann Emerson, Virgil H. Goode, Jr., Kay f CANTOR, and Mr. BONNER. Granger, Darrell E. Issa, Kenny Marchant, H.R. 3875: Mr. WAXMAN, Ms. WATSON, Mr. DELETIONS OF SPONSORS FROM Phil English, Tim Walberg, Cathy McMorris DAVIS of Illinois, Mr. CUMMINGS, Mr. PUBLIC BILLS AND RESOLUTIONS Rodgers, Doug Lamborn, John B. Shadegg, TIERNEY, and Mr. BRALEY of Iowa. Tom Latham, Ginny Brown-Waite, Lynn A. H.J. Res. 54: Mr. WELDON of Florida and Under clause 7 of rule XII, sponsors Westmoreland, Rob Bishop, Howard P. Mr. BARROW. were deleted from public bills and reso- ‘‘Buck’’ McKeon, Patrick T. McHenry, Frank H.J. Res. 58: Mr. PETERSON of Minnesota lutions as follows: D. Lucas, John T. Doolittle, Wally Herger, and Mr. CONAWAY. H.R. 1396: Mr. DAVIS of Alabama, Mrs. John R. Carter, F. James Sensenbrenner, Jr., H. Con. Res. 11: Mr. HONDA. Bill Sali, Kevin Brady, Don Young, Michael H. Con. Res. 218: Ms. GINNY BROWN-WAITE LOWEY, and Mr. NEAL of Massachusetts. K. Simpson, Michael C. Burgess, Ander of Florida, Mr. DOOLITTLE, Mr. HOEKSTRA, H. Res. 106: Mr. KUHL of New York, and Mr. Crenshaw, Jean Schmidt, Dave Weldon, and Mr. DAVID DAVIS of Tennessee. CUMMINGS. Mario Diaz-Balart, Sue Wilkins Myrick, H. Con. Res. 221: Mr. ISRAEL. f Todd W. Akin, Terry Everett, Donald A. H. Con. Res. 223: Mr. BLUMENAUER. Manzullo, Nathan Deal, Paul C. Broun, Tom H. Con. Res. 229: Mr. HINCHEY and Mr. KEN- DISCHARGE PETITIONS Cole, Christopher Shays, Todd Russell NEDY. Under clause 2 of rule XV, the fol- Platts, Ralph M. Hall, Geoff Davis, Dave H. Con. Res. 230: Mr. STEARNS, Mr. PAUL, lowing discharge petition was filed: Camp, Roger F. Wicker, Marilyn N. and Mr. BUTTERFIELD. Musgrave, Phil Gingrey, Thaddeus G. H. Con. Res. 231: Ms. KAPTUR and Mr. Petition 3, October 17, 2007, by Mr. MIKE McCotter, Robert B. Aderholt, Bob Good- MORAN of Virginia. PENCE on House Resolution 694, was signed latte, Duncan Hunter, Spencer Bachus, Bob H. Con. Res. 234: Mr. CHABOT, Ms. by the following Members: Mike Pence, John Inglis, Lamar Smith, James T. Walsh, Trent BORDALLO, Mr. WOLF, Mr. LINCOLN DIAZ- A. Boehner, Roy Blunt, Adam H. Putnam, Franks, and Mark Steven Kirk. BALART of Florida, and Mr. ISSA. Eric Cantor, Marsha Blackburn, Adrian H. Con. Res. 235: Mr. FRANKS of Arizona. Smith, Michele Bachmann, Stevan Pearce, f H. Res. 111: Mr. BUCHANAN, Mr. Greg Walden, Jeff Flake, Joe Wilson, Charles PERLMUTTER, Mr. PETRI, Mr. RUSH, and Mr. W. Boustany, Jr., Todd Tiahrt, Vito Fossella, COSTELLO. Michael K. Conaway, Doc Hastings, Joseph DISCHARGE PETITIONS— H. Res. 237: Mr. BOOZMAN. R. Pitts, Mary Fallin, John R. ‘‘Randy’’ ADDITIONS OR DELETIONS H. Res. 322: Mr. BRADY of Pennsylvania. Kuhl, Jr., David Davis, Jim Jordan, Tom The following Member added his H. Res. 542: Mr. GARY G. MILLER of Cali- Price, J. Dennis Hastert, Kevin McCarthy, name to the following discharge peti- fornia and Mr. COHEN. Thomas M. Reynolds, Judy Biggert, David H. Res. 684: Mrs. BOYDA of Kansas, Ms. Dreier, Connie Mack, Pete Sessions, Jeb tion: HERSETH SANDLIN, Mr. PETERSON of Min- Hensarling, Sam Johnson, Gary G. Miller, Petition 2 by Mr. BOEHNER on House Res- nesota, Mr. GOODLATTE, Mr. LUCAS, Mr. Mary Bono, Edward R. Royce, Sam Graves, olution 559: Barbara Cubin.

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Vol. 153 WASHINGTON, THURSDAY, OCTOBER 18, 2007 No. 158 Senate The Senate met at 9:30 a.m. and was APPOINTMENT OF ACTING MEASURES PLACED ON THE CAL- called to order by the Honorable BER- PRESIDENT PRO TEMPORE ENDAR—S. 2179, S. 2180, S. 2184, S. NARD SANDERS, a Senator from the The PRESIDING OFFICER. The 2185, H.R. 2102, AND H.R. 3678 State of Vermont. clerk will please read a communication Mr. REID. Mr. President, it is my un- The PRESIDING OFFICER. Today’s to the Senate from the President pro derstanding we have six bills at the opening prayer will be offered by our tempore (Mr. BYRD). desk due for a second reading. guest Chaplain, Rev. Dennis Ellisen, of The legislative clerk read the fol- The ACTING PRESIDENT pro tem- Our Saviour’s Evangelical Lutheran lowing letter: pore. The clerk will read the titles of Church in Appleton, WI. U.S. SENATE, the bills for the second time. PRESIDENT PRO TEMPORE, The legislative clerk read as follows: PRAYER Washington, DC, October 18, 2007. A bill (S. 2179) to authorize certain pro- To the Senate: grams and activities in the Forest Service, The guest Chaplain offered the fol- Under the provisions of rule I, paragraph 3, lowing prayer: the Department of the Interior, and the De- of the Standing Rules of the Senate, I hereby partment of Energy, and for other purposes. Let us pray. appoint the Honorable BERNARD SANDERS, a A bill (S. 2180) to authorize certain pro- As we join together, confident in the Senator from the State of Vermont, to per- grams and activities in the Department of gracious mercy of God, let us pray for form the duties of the Chair. the Interior, the Forest Service, and the De- the world and all who yearn for whole- ROBERT C. BYRD, partment of Energy, and to amend the Com- President pro tempore. ness of life. pact of Free Association Amendments Act of Mr. SANDERS thereupon assumed 2003, and for other purposes. Dear Lord, we pray for our Senators A bill (S. 2184) to amend the Internal Rev- and all leaders of our States, cities, the chair as Acting President pro tempore. enue Code of 1986 to permanently allow pen- and towns, and we pray that the alty-free withdrawals from retirement plans world’s distressed and downtrodden and for individuals called to active duty for at f most unfortunate not be neglected. least 179 days. A bill (S. 2185) to permanently extend the We pray for peace and reconciliation RECOGNITION OF THE MAJORITY among all nations and for those leaders current marginal tax rates. LEADER A bill (H.R. 2102) to maintain the free flow who govern and guide, so that ruthless of information to the public by providing and unjust ways be ended. The ACTING PRESIDENT pro tempore. The majority leader is recog- conditions for the federally compelled disclo- We pray for Your wisdom to make us sure of information by certain persons con- nized. caretakers of all that You have cre- nected with the news media. A bill (H.R. 3678) to amend the Internet ated. Empower our leaders to use their f talents, interests, and abilities to re- Tax Freedom Act to extend the moratorium store the Earth to all its fullness, so on certain taxes relating to the Internet and SCHEDULE to electronic commerce. that Your creation might be renewed. We pray for Your Spirit to rest upon Mr. REID. Mr. President, the Senate Mr. REID. Mr. President, I object to all the leaders of this great Nation, will be in a period of morning business further proceedings with respect to that in the midst of tremendous re- for 1 hour. The Republicans will con- these bills en bloc. sponsibility, they feel Your comfort trol the first half of time. We will con- The ACTING PRESIDENT pro tem- and assurance that You are with them, trol the second half of time. Following pore. Objection is heard. guiding and encouraging their actions. this period of morning business, the The bills will be placed on the cal- Amen. Senate will resume consideration of endar. the Labor, HHS appropriations bill. The Senator from Wisconsin. Senator HARKIN and the ranking mem- f f ber, Senator SPECTER, will be here to move forward on this bill. If people WELCOMING THE GUEST PLEDGE OF ALLEGIANCE have amendments, I hope they would CHAPLAIN The Honorable BERNARD SANDERS led do more than just think about them, Mr. KOHL. Mr. President, today, I the Pledge of Allegiance, as follows: that they would come and offer them rise to welcome Rev. Dennis Ellisen to I pledge allegiance to the Flag of the and debate them. A lot of work re- the Senate and to thank him for this United States of America, and to the Repub- mains to be done on this bill and other morning’s heartfelt and timely prayer. lic for which it stands, one nation under God, measures that require the attention of Reverend Ellisen is the senior pastor indivisible, with liberty and justice for all. the Senate. at Our Saviour’s Lutheran Church in

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

S13029

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13030 CONGRESSIONAL RECORD — SENATE October 18, 2007 Appleton, WI. He has served his parish decide how to proceed in reauthorizing incomes between 200 and 300 percent of for the last 31 years. Early on, his this very important program. It is an the poverty level. If a family does not church had just a few hundred mem- important program, and a program so have insurance, a credit provides the bers. He has seen kids in his parish many of America’s children have bene- resources necessary to go out and pur- grow up to have kids of their own. Now fited from, and one for which I believe chase health insurance. Families would his congregation is well over 2,600 we need to find a way to move forward. have the ability to purchase health in- strong. I want to add my voice to those who surance, health care coverage tailored As many in Appleton will tell you, have called for the program’s reauthor- to their children’s unique needs. Reverend Ellisen’s ministry has ization. This is a program that is work- The third element would enhance touched so many families beyond his ing. It works in the State of Florida. It outreach for children who are cur- church’s walls. He has been a tireless is a program that helps children. I rently eligible for SCHIP coverage but advocate for cancer research, treat- know a lot of Florida children have who are not currently enrolled. ment, and education. His work as an been helped by it. So we have to find a It is estimated between 500,000 and 1.5 ambassador and fundraiser for the way we can come together in the spirit million children who are today eligible American Cancer Society has taken of the program so every child who for SCHIP are not enrolled simply be- him to every corner of our State and needs health care has the needed access cause families do not know the pro- every corridor of Congress. His message to health care. gram is available to them. is unwavering: If we work together, we We should take great care, however, Make no mistake: The underlying de- can beat this terrible disease. to avoid switching SCHIP from being a bate is not whether we are going to provide health insurance for our Na- Yet he may be best known in the program aimed at helping poor chil- tion’s children. We all agree that our community for helping comfort the dren to a program that moves us to- society can ill afford to not take care terminally ill. Through his work with ward a Government-sponsored, Govern- of children in need. The dispute is how the Visiting Nurse Association, he ment-run health care system. That are we best to achieve that goal. started the first hospice program in would not serve the people in the program, and it would not serve the great- One of the major differences between Appleton many years ago. the vetoed SCHIP program and my al- I had the privilege of introducing er cause of reforming the bigger problem we have, and which we also have to ternative is that the vetoed bill created Reverend Ellisen on the Senate floor in a newly eligible population and moved address, which is our entire health care 1997. Much has changed in the world, them into a system of Government system. but he has remained the humble, com- health insurance. My proposal is pa- passionate person I met a decade ago. The bill the President vetoed would have allowed coverage to the point tient focused. It retains for families And, thankfully, his important work the choice of providers and practi- endures. where we would have essentially encouraged families who are today re- tioners and gives parents the resources We need to hear his hopeful invoca- necessary to add their children to their ceiving coverage through private insur- tion today. I thank Reverend Ellisen existing health care plan. ance to drop that insurance in favor of and his family for joining us. Where our proposals are similar is in I yield the floor. Government-sponsored health care cov- the number of children we insure. erage. I do not think that is the way to f Under my proposal, 10 million children move forward with health care reform. would have access to health insurance. RESERVATION OF LEADER TIME I do not think that policy would lower That is the same number who would The ACTING PRESIDENT pro tem- health care costs or increase the access have been covered by the vetoed bill. pore. Under the previous order, the to quality health care. Both are impor- It is essential we come together as leadership time is reserved. tant goals. Republicans and Democrats to talk In talking with people in my State of about a viable alternative, about how f Florida, they want to see SCHIP reau- we can get this done, about something MORNING BUSINESS thorized. They want to help poor chil- that would ensure the reauthorization dren who need health care. They under- of SCHIP and that expands rather than The ACTING PRESIDENT pro tem- stand the debate we are having, and pore. Under the previous order, there diminishes private health care cov- they want a better alternative than erage for children. will now be a period for the transaction anything that is on the table right of morning business for 60 minutes, I would be willing to continue to dis- now. So we are at an impasse. But I cuss this issue in a way that allows us with Senators permitted to speak think we can find common ground. A therein for up to 10 minutes each, with to debate whether in the reauthoriza- real compromise needs to be reached, tion part of this bill—the $5 billion the time equally divided and controlled one that keeps the spirit of SCHIP, one probably is not enough to cover all of between the two leaders or their des- that adds provisions to help find chil- the children who need to be insured ignees, with the Republicans control- dren currently eligible for assistance under this program. I think a larger ling the first half and the majority and signs them up for insurance. number than that $5 billion is nec- controlling the final half. We need a compromise that does not essary, probably closer to $10 billion. The Senator from Florida. simply broaden the program’s eligi- But once we did that, then how do we f bility so people in private health insur- go about covering that 200 percent to ance are forced to move to Govern- 300 percent of poverty—those working SCHIP ment-sponsored health insurance be- families who still cannot find a way to Mr. MARTINEZ. Mr. President, I cause an employer sees an opportunity insure their children without Govern- want to talk this morning on the to save money. That is why later today ment assistance? We would do that much-talked-about subject of SCHIP. I will introduce an alternative SCHIP through a tax credit. That tax credit In this Chamber over the last several reauthorization program composed of would also be beneficial. It would be a days—and I would say all over the Na- three elements—a full reauthorization way of allowing them to continue to tion—there has been a lot of conversa- of SCHIP, a child health care tax cred- have a private health care option, tion about the future of the State Chil- it, and an aggressive outreach program which I think is always preferable. dren’s Health Insurance Program and to ensure all children eligible for the The insurance marketplace would ad- whether this side will budge or that program have the opportunity to sign just and continue to innovate in a way side will nudge the other one or who up for the insurance. that I think would give us a much will blink first. The first element enacts a full reau- stronger, much better health care sys- Clearly, we are at an impasse. Today, thorization of SCHIP, where we con- tem for the children of America who so the President’s veto of this bill—which tinue to cover children in families with much need insurance for themselves will enlarge Government by $35 bil- incomes at or below 200 percent of the and for us to be sure we have a healthy lion—will be sustained in the House, I Federal poverty level. future for them. believe. Then we will find ourselves at The second element of my proposal I look forward to continuing to work a place where we have to regroup and advances tax credits to families with with my colleagues in the coming days

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13031 to strike a middle ground, to strike a limit of eligibility from 200 percent of 200 percent of the poverty line, but it compromise on SCHIP, to be sure we poverty to 300 percent of poverty. In would enroll many more new kids: 1.3 come together to let the people of the United States today, 300 percent of million by 2012 and 1.5 million new kids America know this Congress, Repub- poverty is $62,000, a family income of by 2017. It would also extend coverage licans and Democrats, can come to- $62,000. But, in fact, that limit is well to pregnant women and their children gether to work together on something above that in most cases. Why? Be- in the womb. That is important as as important as the health of our chil- cause under the Finance Committee well. That is a real reauthorization of dren. I look forward to the days ahead, bill, States can define family income in the SCHIP program as it was originally as we continue to discuss this impor- innovative ways. They can take out designed and intended. tant topic, and I look forward to hav- large expenditures such as tuition from Now, is that good enough with regard ing others join this effort. family income, so we are not talking to children’s health care needs and I am very gratified that quite a num- about gross family income of $62,000. families’ health care needs? Absolutely ber of the Members of the House have Once you take out those major compo- not. There are other needs out there adopted this as their idea and are going nents, those major sources of spending which we must address. Health care in- forward with this as a plan that may of a family, you could easily be talking surance isn’t available, isn’t affordable have viability, may be the answer. I about a family income of $80,000. to enough folks. But rather than en- hope an increasing number of Senators In addition to that, under the bill the couraging them to get on a government who are now not only looking at it but administration—any administration— program and in half the cases actively also finding favor with it will create would be urged, if not mandated, to pushing them off private insurance, the kind of middle way that will allow grant waivers to States in many cases why don’t we help them stay on private us to come together to find a solution to go well above even that 300-percent- insurance or obtain private insurance? and put this important issue back plus line. So clearly, you would dra- That is the additional step we need to where it belongs: moving forward and matically expand the children and the take through tax credit or other legis- taking care of the children of America. families covered under the program, lation. I yield the floor. and you would go well beyond what any So again, I urge us to do what the The ACTING PRESIDENT pro tem- reasonable person would define as the American people want, which is not to pore. The Senator from Louisiana. truly poor. simply argue, talk, debate, and try to Mr. VITTER. Mr. President, I rise to Now, why is this bad? Well, for one score political points endlessly, but to join my distinguished colleague from thing, you are crowding out folks— come together around a real and valid Florida and many of my other col- pushing folks off—of private insurance. and commonsense compromise. That is leagues in urging the sort of consensus There have been several analyses done what the American people want, so building, practical problem solving of the Finance Committee bill which let’s do it. That compromise is clearly Senator MARTINEZ is talking about. passed the Congress and which the within striking distance if we have the It is clear we are at a current im- President vetoed. Under those analyses political will to come together around passe on the SCHIP debate. The version of new enrollees, it is estimated that those ideas. Again, I believe the prin- that passed the Senate and passed the between 45 and 51 percent would be ciple we should look at is a real reau- Congress has been vetoed by the Presi- dropping private insurance to enroll in thorization of SCHIP for poor children, dent. It will be made even more clear SCHIP. Now, is that the direction we supplemented with some additional in the next day or so that veto will not want to move in, encouraging folks help for those families that need the be overridden. who have private insurance to drop it, help to stay on or to get on private in- I think what the American people to flee private insurance to come under surance. I don’t believe the path of the want us to do is not talk endlessly, de- the care of the Government? I think current SCHIP bill, which actively pushes families off private insurance in bate endlessly, and simply try to score that is the wrong direction to move in. political points, but to come together Beyond that, if you look at new eligi- so many cases, is the way to do it. The proponents of that bill laud it around a practical compromise, a prac- bility groups—in other words, not all because it would sign up 4.4 million tical resolution that advances health new enrollees, but the new groups of new enrollees. Well, guess what: 4.4 care, particularly for poor children. people who would become eligible million of that 2.4 million currently So I join my colleague from Florida under the bill—there is a 100-percent could have private insurance. Is that in urging us to do that. My ideas about crowd-out effect. Everybody in those progress? Is that a great accomplish- what that reasonable, practical com- new groups would be dropping private ment, to push off of private insurance promise would be are very much like insurance to enroll in SCHIP. Is that 2.4 million and get them on a govern- his. I applaud Senator MARTINEZ in the direction we want to move in? I ment program at the expense of the terms of the ideas he has put forward think not. We talk about the problem taxpayer, when there is a better, to resolve this SCHIP debate. of the uninsured in this country. Why I could not support the Senate Fi- cheaper alternative to help them stay do we want to grow that problem on private insurance, to help them nance Committee version of the SCHIP versus solve it by encouraging people have more choice and control and au- bill. I could not support it for a very and helping people keep their private tonomy of their health care future? simple reason: I am all for the SCHIP insurance or get onto private coverage? That is what the American people program. I am all for covering poor That is not the direction we want to want: More control, more choice, more children. I am not for expanding that move in. autonomy, making good health insur- program well beyond the boundaries of I believe the direction we want to ance available and affordable. Let’s re- poor kids so that it is a precursor, move in is to encourage coverage, to authorize SCHIP for the truly poor and quite frankly, to government-run, gov- make it more available, to make it let’s give them ways to make health ernment-dominated health care. I more affordable. That is the sort of so- care insurance available and affordable think that is a mistake. I think ex- lution that Senator MARTINEZ and my- through instruments such as tax cred- panding a program such as this and ac- self and others have been talking its. tively pushing people off private insur- about. That is why I support the I yield the floor, and I suggest the ab- ance, which the Finance Committee McConnell-Lott SCHIP bill and support sence of a quorum. version would do, is a big mistake and furthering the goal of health care for The ACTING PRESIDENT pro tem- moves us in the opposite direction of all American families with tax credits pore. The clerk will call the roll. where we should be moving with regard that can make private coverage avail- The legislative clerk proceeded to to health care reform in this country. able and affordable. call the roll. Why do I say that about the Finance Step 1: A real SCHIP reauthorization Mrs. BOXER. Mr. President, I ask Committee bill? Well, for a simple rea- focused on poor kids. That is what the unanimous consent that the order for son: It goes well beyond the original in- legislation I support does. That bill the quorum call be rescinded. tent of SCHIP, which is to cover poor costs $8 billion in new costs over 5 The PRESIDING OFFICER (Mr. kids. It goes beyond that in several years, but those new costs are fully off- CASEY). Without objection, it is so or- ways. First of all, it raises the general set. That bill would keep eligibility at dered.

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13032 CONGRESSIONAL RECORD — SENATE October 18, 2007 Mrs. BOXER. Mr. President, I ask United States has urged Turkey not to have on the eventual redeployment or unanimous consent that whatever time send troops over the border into north- withdrawal of U.S. forces from Iraq. If remains for the Republicans be re- ern Iraq to fight Kurdish separatist Turkey decides to cut off our lines of served until the Democrats have fin- rebels, who launched cross-border at- communications through their country ished our time. tacks against Turkish targets. We that redeployment or withdrawal The PRESIDING OFFICER. Without must all urge Turkey and Iraq to seek would be more difficult. objection, it is so ordered. a diplomatic solution to this crisis and I would also like to remind my col- The Senator from California is recog- the House resolution could undermine leagues that there are over 1000 Turk- nized. our diplomatic leverage. ish soldiers in Afghanistan. Turkey re- (The remarks of Mrs. BOXER, Mr. LIE- Last week, Defense Secretary Robert mains the only Muslim country in the BERMAN, Mr. INHOFE, Mr. WARNER, Mr. Gates said that relations with Turkey International Security Assistance COLEMAN, Ms. COLLINS, and Mr. ALEX- are vital because 70 percent of the air Forces, ISAF, in Afghanistan. Their ANDER, pertaining to the introduction cargo sent to U.S. forces in Iraq and 30 troops have significant responsibilities of S. 2191 are located in today’s RECORD percent of the fuel consumed by U.S. in ISAF which include providing secu- under ‘‘Statements on Introduced Bills forces in Iraq are flown through Tur- rity in Kabul. and Joint Resolutions.’’) key. Secretary Gates said that U.S. I urge my colleagues to consider the f commanders ‘‘believe clearly that ac- consequences which may result from cess to airfields and roads and so on, in ARMENIAN RESOLUTION passing the House legislation on Arme- Turkey, would very much be put at nian genocide and encourage them to Mr. WARNER. Mr. President, I am risk if this resolution passes and the reject the measure. The passage of this greatly concerned. I had breakfast Turks react as strongly as we believe measure would do great harm to our early this morning, together with the they will.’’ relations with a key ally in NATO, our Senator from Michigan, the chairman I would like to share some important interests in the region, and our mili- of our committee, and two House sen- facts with my colleagues about how tary operations in Iraq and Afghani- ior Members of the Armed Services Turkey is enabling our forces to stan. Committee—our annual meeting to achieve the mission we have given It is the House of Representatives’ work toward conference of the author- them. Turkey has provided over 20,000 business. But I do believe here in the ization bill—Secretary Gates and the overflight clearances to U.S. military Senate we have to address that issue. new Chairman of the Joint Chiefs, the and contracted aircraft since 2002. I do not in any way disparage or Admiral. We addressed this issue of the These flights carry critical supplies denigrate the seriousness of what hap- Armenian resolution in the House. I do and equipment to our forces in the pened 92 years ago, at another time in not in any way imply that the House field, currently including 95 percent of history. But right now we have young has moved forward on that in an im- the Mine Resistant Ambush Protected, men and women of the Armed Forces of proper way. I don’t want to get into the MRAP, vehicles. These flights also in- the United States, and our coalition politics. I simply say I perceive that clude our medical evacuations from partners, risking their lives in Iraq and this is changing, a changing issue in Iraq to Landstuhl, Germany. KC–135 Afghanistan. The passage of this could the House. It may well not be brought tankers operating out of Incirlik, Tur- have implications on nations in that up. But the Secretary of Defense again, key, have flown over 3,400 sorties and region which I think could be detri- and the Chairman of the Joint Chiefs, delivered 35 million gallons of fuel to mental and could put at risk the lives reiterated the possible impact of such a U.S. fighter and transport aircraft on of our service persons. resolution, were it to be passed, upon missions in Afghanistan and Iraq. Fi- f our operating forces, both in Iraq and nally, approximately 30 percent of the in Afghanistan. fuel and 17 percent of the food used by CONCLUSION OF MORNING f U.S. and coalition forces enter Iraq BUSINESS ARMENIAN GENOCIDE from Turkey via the Habur Gate border The PRESIDING OFFICER. Morning crossing. business is closed. Mr. President, it is my intent to op- I would like to expand on these mili- pose the non-binding resolution, passed tary concerns. The loss of access to f by the House Foreign Affairs Com- critical air and ground lines of commu- DEPARTMENTS OF LABOR, mittee, that states that the deporta- nication through Turkey to Iraq and HEALTH AND HUMAN SERVICES, tion of nearly 2 million Armenians Afghanistan may result in: (1) tem- AND EDUCATION APPROPRIA- from the Ottoman Empire between 1915 porary interruptions to the flow of TIONS ACT, 2008—Resumed and 1923, resulted in the deaths of 1.5 cargo; (2) increased aircraft require- The PRESIDING OFFICER. Under million of them, amounted to genocide. ments; (3) increased costs; and (4) the previous order, the Senate will pro- While I deplore the killings of Arme- longer transit times. nians 92 years ago by the Ottoman Em- If these supplies need to be rerouted ceed to the consideration of H.R. 3043, pire, I urge my colleagues to consider by ground through Kuwait, or Jordan, which the clerk will report. the grave consequences this may have we must be concerned about additional The legislative clerk read as follows: on United States-Turkish relations and force protection issues. I am very trou- A bill (H.R. 3043) making appropriations on interests of the United States in Eu- bled about our ground convoys that al- for the Departments of Labor, Health and rope and the Middle East. Turkey has Human Services, and Education, and related ready move from Kuwait to Iraq. They agencies for the fiscal year ending Sep- been a steadfast ally and an indispen- are high-value targets to insurgent tember 30, 2008, and for other purposes. sable friend in a critical region of the groups. I visited with a number of the Pending: world. If Turkey decides to respond convoy drivers on my last visit to Ku- negatively to our passage of this reso- wait. We have brave and experienced Harkin/Specter amendment No. 3325, in the lution, their decision could have last- nature of a substitute. drivers leading these dangerous con- Vitter amendment No. 3328 (to amendment ing repercussions for U.S. foreign pol- voys, but I am concerned about the No. 3325), to provide a limitation on funds icy interests in the region and com- heightened risks associated with an in- with respect to preventing the importation promise our conduct of the war in Iraq crease in number of convoys or employ- by individuals of prescription drugs from and Afghanistan. ing less experienced drivers on the road Canada. The House resolution on the Arme- to meet the new mission caused by the Dorgan amendment No. 3335 (to amend- nian genocide appears at a particularly loss of access to lines of communica- ment No. 3325), to increase funding for the sensitive point in United States-Turk- tions through Turkey. State Heart Disease and Stroke Prevention ish relations. The possibility of a Turk- There is one additional point I would Program of the Centers for Disease Control and Prevention. ish incursion into northern Iraq must like to make about the impact on our Thune amendment No. 3333 (to amendment be an immediate concern. There is no operations in Iraq. I believe we should No. 3325), to provide additional funding for doubt that tensions are mounting all be concerned about the potential the telehealth activities of the Health Re- along the Iraqi-Turkish border. The negative impact this resolution could sources and Services Administration.

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13033 Dorgan amendment No. 3345 (to amend- The PRESIDING OFFICER. Without vorable perspective of Congress at this ment No. 3325), to require that the Secretary objection, it is so ordered. point. A lot of it is because of the pub- of Labor report to Congress regarding jobs The clerk will report. licity of how we spend their money. lost and created as a result of the North The legislative clerk read as follows: I was made aware by ‘‘CBS News’’ of American Free Trade Agreement. The Senator from South Carolina [Mr. Menendez amendment No. 3347 (to amend- a particular earmark that the House DEMINT] proposes an amendment numbered ment No. 3325), to provide funding for the ac- has put in their version of the Labor- 3338 to amendment No. 3325. tivities under the Patient Navigator Out- HHS bill. CBS is not known for being reach and Chronic Disease Prevention Act of Mr. DEMINT. Mr. President, I ask supportive of conservative causes. 2005. unanimous consent that the reading of They were pointing out a particular at- The PRESIDING OFFICER. The Sen- the amendment be dispensed with. tachment to the House appropriations ator from Iowa. The PRESIDING OFFICER. Without bill, which will be in the final bill if we Mr. HARKIN. Mr. President, we are objection, it is so ordered. do not disallow it in the Senate. now back on the Labor, Health and The amendment is as follows: It is an earmark for $2 million that Human Services, Education, and re- (Purpose: To provide a limitation on funds was put in this bill by Congressman with respect to the Charles B. Rangel Cen- lated agencies appropriations bill. RANGEL, chairman of Ways and Means. ter for Public Service) I thought I might recap for Senators This $2 million earmark goes to a new At the appropriate place, insert the fol- where we are. We started yesterday. I Charles B. Rangel Center for Public thought we had a fairly productive lowing: SEC. ll. None of the funds appropriated in Service at the City College of New afternoon. We, right now, have five this Act may be used for the Charles B. Ran- York. This center does not yet exist. It pending amendments that we are work- gel Center for Public Service, City College of is one that money is being raised for at ing on in terms of offsets. We have the New York, NY. this time. Vitter amendment on drug reimporta- Mr. DEMINT. Mr. President, I actu- Frankly, the college does not need tion. That language we are just work- ally wanted to bring up another this duplication of an educational serving on. There is no offset needed. amendment to speak on briefly. If ice which already exists on the campus, We have the amendment by Senator there is no objection, I would like to but the description of this building in- DORGAN on heart disease. We are again call up amendment No. 3340 at the cludes not only an educational pro- looking at an offset there. We are same time. I will speak to both of gram—that is, a duplication of the working on that. them. Colin Powell Center which is already We have an amendment by Senator The PRESIDING OFFICER. Without there—but it also creates a library for THUNE on telehealth. Again, we are objection, it is so ordered. the personal archives of Congressman working on trying to find the proper AMENDMENT NO. 3340 RANGEL and a well-furnished office for offsets. Mr. DEMINT. Mr. President, amend- his personal use. We have another amendment by Sen- ment No. 3340 is one we have already CBS made the point, and they actu- ator DORGAN on a NAFTA study. That seen. It is a simple amendment that we ally called this ‘‘Monument to Me.’’ has not been totally agreed to yet on all agree on. Both sides accepted it And not just about Congressman RAN- the other side of the aisle. unanimously last week on the last ap- GEL but about all of us who, through We have an amendment by Senator propriations bill that we considered. the earmarking process each year, are MENENDEZ on patient navigators. This is an amendment that prohibits given a personal slush fund to send tax- Again, I think it is broadly supported. Members of Congress from pressuring payer dollars to our favorite causes But, again, we are working on trying to Federal agencies to designate funds, back in our home States and districts. find an offset. what we call ‘‘phone marks’’ to special Increasingly, Members of Congress We adopted three amendments yes- projects back home. are doing things such as giving money terday: the amendment by Senator All of us have worked real hard to to colleges and other organizations FEINSTEIN which was to set up a child create more transparency and disclo- that are naming buildings and pro- abuse registry; the second amendment sure of earmarks. Last week we added grams after us so that it will attract was by Senator SMITH which was a to the last appropriations bill this more earmarks. It has become a vi- technical fix to the Garrett Lee Smith amendment that would prohibit Mem- cious circle that Americans are on to. suicide prevention bill; and then yes- bers of Congress from going around the CBS made the point of this waste of terday we accepted an amendment by earmark disclosure process and pres- money. To me, it, frankly, looks very Senator MCCASKILL which provides for suring Federal agencies to designate bad. It reflects poorly on all of us, and a link on the Web sites of all of the de- funds. it discredits a lot of the good things we partments under our jurisdiction to the This is an amendment that I also do. Again, my point is not to identify a IG. want to add to this appropriations bill. particular Member of Congress to em- I am told we have about 30 amend- I understand both sides will be willing barrass them but, hopefully, to embar- ments filed. We have 10 that we now to accept this again. rass us all; that we are all involved have worked on, so we are down to AMENDMENT NO. 3338 with a very bad approach to spending about 20 amendments. I hope we can I would like to address my second taxpayer dollars. again move rapidly today and have amendment at this point as well. This The idea of each Member of Con- people come over. I see people are here is a very difficult amendment to talk gress—we all have papers, we all give waiting to offer amendments. I appre- about because when we start talking them to colleges. Does this mean we ciate that very much. about earmarks in the House or the will all get taxpayer money to send to Mr. President, I ask unanimous con- Senate, all of those earmarks are some- these colleges to build some type of sent that these three Members be rec- thing that have been designated by in- Presidential-like library to archive our ognized to call up amendments and dividual Members of Congress. So it is papers and give us personal offices? I that the pending amendments all be set often taken quite personally when we assume it is permanent. aside for this purpose. In this order it challenge these amendments and make The hard-working people in South would be: Senator DEMINT, Senator it public, particularly amendments Carolina who are paying taxes should DOLE, and Senator BROWN. that do not sound good to taxpaying not be building a center for Congress- The PRESIDING OFFICER. Without Americans. man RANGEL in New York. If we had objection, it is so ordered. I want to assure my colleagues that plenty of extra money, maybe we could Mr. HARKIN. I yield the floor. my point is not to focus on Members of talk about it. But the fact is, we are The PRESIDING OFFICER. The Sen- Congress but to focus on wrong ideas; borrowing this money from future gen- ator from South Carolina is recognized. in fact, wrong ideas about earmarking erations to build monuments to our- AMENDMENT NO. 3338 TO AMENDMENT NO. 3325 and spending taxpayer dollars that selves all around the country. Mr. DEMINT. Mr. President, I ask have discredited this body with the My amendment would disallow the unanimous consent to set aside the American people. use of funds in this bill for this par- pending amendment and call up We know only 11 percent of the ticular project, hopefully making a amendment No. 3338. American people have any kind of fa- point to all of us that this is not what

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13034 CONGRESSIONAL RECORD — SENATE October 18, 2007 America expects when they send us to The PRESIDING OFFICER. The Sen- names it ought to be up to the univer- Congress. Our job is to do what is best ator from South Carolina has asked for sity. It is not up to us. for this country in our future, not to the yeas and nays on amendment No. Mr. DEMINT. Will the Senator yield? create slush funds for ourselves so we 3338. Mr. HARKIN. Surely. can win popularity back home by tak- Mr. DEMINT. That is correct. Mr. DEMINT. I appreciate the con- ing money back home, particularly The PRESIDING OFFICER. Is there a cerns. Again, it is difficult when names when we get involved with this back sufficient second? of Members of Congress are involved. and forth of, they named something At the moment, there is not a suffi- The college already has an education after us, so we give money to them. It cient second. center specifically for the purpose list- does not look good, it does not sound Will the Senator from South Carolina ed for the Charles Rangel Center. It is good, and it is not good. It is not good repeat his request? called the Colin Powell Center. They for our country and our future. Mr. DEMINT. Mr. President, I ask for perhaps added some bells and whistles, I encourage every Member of this the yeas and nays on amendment No. archived the papers as well as the per- Senate to vote for this amendment 3338. sonal office we talked about. that would disallow funds for this The PRESIDING OFFICER. Is there a To the chairman’s objection about project and hopefully send a message sufficient second? this not being in our bill, in this body here and all around America that we There appears to be a sufficient sec- we regularly disallow funds for various are going to reform ourselves, and we ond. agencies that are not listed in our bill are no longer going to be embarrassed The yeas and nays were ordered. but that as a body we decide it is not by CBS and other media. Every time The PRESIDING OFFICER. The Sen- the appropriate way for money to be they point out what we are doing, we ator from Iowa. spent. cannot hide from the fact that it is Mr. HARKIN. Mr. President, we have We should honor Congressman RAN- shameful. I do not want my tax dollars not disposed of amendment No. 3340, if GEL and others who have served with spent this way. I know the people in I am correct. distinction as he has. CBS brought out South Carolina do not. I bet if we had The PRESIDING OFFICER. The Sen- that the college had not made the deci- a chance to ask every American, not ator is correct. sion or at least would not make the de- one would say this is how they expect Mr. HARKIN. We have looked at 3340. cision as to how to name the center. So their tax dollars to be spent. I don’t know that it needs an up-or- there were a lot of questionable things I encourage my colleagues to vote for down vote. We can accept it. I under- that came up in this report, questions this amendment. stand Senator SPECTER will accept it, enough that CBS decided to make it Mr. President, I ask unanimous con- also, so it is accepted on both sides. news. sent that amendment No. 3340 be pend- The PRESIDING OFFICER. Is there My point is, if we get into the prac- ing at this time. further debate? tice as Members of Congress while we The PRESIDING OFFICER. Without If not, the question is on agreeing to are still serving of responding to cen- objection, it is so ordered. amendment No. 3340. ters being named after us by getting The clerk will report. The amendment (No. 3340) was agreed The legislative clerk read as follows: taxpayer dollars back to them and get- to. ting personal offices in buildings The Senator from South Carolina [Mr. Mr. HARKIN. Mr. President, I will DEMINT] proposes an amendment numbered around the country, this is clearly not 3340 to amendment No. 3325. probably have more to say about this our purpose, and it is not one that will later, but on the amendment the Sen- Mr. DEMINT. Mr. President, I ask be respected by the American people. ator offered regarding the Rangel Cen- unanimous consent that the reading of I look forward to further debate. I ap- the amendment be dispensed with. ter, I object to this amendment. It is preciate all the time. The PRESIDING OFFICER. Without an attack on an institution that is not Mr. HARKIN. Mr. President, we have objection, it is so ordered. in the Senate amendment before us. It in our bill a provision for a Howard The amendment is as follows: is a House provision that provides Baker Center at the University of Ten- (Purpose: To provide that none of the funds funding for a center at the City College nessee. I haven’t heard the Senator made available under the Act may be used of New York. As I understand it, the from South Carolina want to go strike to circumvent any statutory or adminis- center was set up basically to offer the Howard Baker Center. That is in trative formula-driven or competitive interdisciplinary programs for bach- this bill. A couple years ago, we had awarding process to award funds to a elor’s degrees, master’s degrees, the provision for the Dole Center at the project in response to a request from a midcareer programs, to get more mi- University of Kansas. I don’t remember Member of Congress, and for other nority population into management po- puropses) the Senator objecting to that. This is sitions. Right now, non-Whites make nothing unusual. This happens all the At the appropriate place, insert the fol- up nearly 30 percent of our population, lowing: time. It is up to the university to de- SEC. lll. None of the funds made avail- yet only 13.8 percent of the men and cide whether they want to name them; able under this Act may be used to cir- women who occupy top management it is not up to us. cumvent any statutory or administrative and policy positions in the Federal Mr. DEMINT. Mr. President, if the formula-driven or competitive awarding Government are members of minority Senator will continue to yield, I appre- process to award funds to a project in re- groups. We need to do more to bring ciate the give-and-take. We have made sponse to a request from a Member of Con- minority Americans into public serv- the point many times. We did it with gress (or any employee of a Member or com- ice. A center for public service at the mittee of Congress), unless the specific judges. We created a law that would project has been disclosed in accordance City College of New York was set up to not allow us to name courthouses after with the rules of the Senate or House of Rep- do this. It was the City College of New active judges, but once they retire, we resentatives, as applicable. York that decided the name of it. As look at it differently. The same is true Mr. DEMINT. I ask for the yeas and far as I know, we didn’t decide that. We for Members. Senator Baker and Sen- nays on amendment No. 3338. didn’t do anything to decide the name ator Dole are not in positions now to The PRESIDING OFFICER. At the of it. In this bill, we have funds for the direct money to different places be- moment there is not a sufficient sec- Howard Baker Center in Tennessee. We cause they are named after them, but ond. have funds for a Robert Dole Center. we are. There is a serious question Mr. DEMINT. Mr. President, we do These are centers set up at univer- here, and we should make a distinction have two amendments I have offered. sities, and they name them. We do not. between what we do while we are serv- My understanding was that there They decide to put a name on it. ing and what we do after we have re- would be a voice vote on 3340, and I I believe we ought to be in the posi- tired. have asked for the yeas and nays on tion of saying, yes, there is a need for I thank the Chair and yield the floor. 3338, if I may correct my request. course work to help minorities get into Mr. HARKIN. Mr. President, I believe Mr. HARKIN. Parliamentary inquiry: midmanagement and senior positions we are ready for the Dole amendment. Would the Chair state the question be- in the Federal Government. That is The PRESIDING OFFICER. The Sen- fore the Senate right now? laudable. But what the university ator from North Carolina.

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13035 AMENDMENT NO. 3341 TO AMENDMENT NO. 3325 HARKIN, for their strong support of the Trade Representative who is doing the Mrs. DOLE. Mr. President, I call up cord blood program. Without their hard harming. No. 3341 pending at the desk and ask work, this life-saving program would Unions are already subject, as they for its immediate consideration. not have received the funding increase should be, to stringent reporting re- The PRESIDING OFFICER. The that it did this year. quirements, and unions overwhelm- clerk will report. Patients across the Nation have ben- ingly comply with whatever require- The legislative clerk read as follows: efited from these state-of-the-art cen- ments are mandated. In its budget jus- The Senator from North Carolina [Mrs. ters that are located in six States: tification, the Department of Labor DOLE] proposes an amendment numbered North Carolina, New York, Wash- stated that the acceptability rate for 3341. ington, California, Colorado, and unions in meeting their financial re- Mrs. DOLE. I ask unanimous consent Texas. I know that in my home State quirements is 96 percent. There is not a that reading of the amendment be dis- of North Carolina, Duke University serious problem. We don’t have a prob- pensed with. Medical Center has been working tire- lem with monitoring unions. What we The PRESIDING OFFICER. Without lessly to serve patients who travel do have a problem with is attacking objection, it is so ordered. from all across the country to benefit workers, which is what this amend- The amendment is as follows: from the latest advancements in med- ment will do. (Purpose: To provide funding for the ical research. The offset of this amendment should National Cord Blood Stem Cell Program) I urge my colleagues to support this offend any Member of this body who re- On page 37, line 2, insert ‘‘Provided further, important amendment. It is imperative spects the hard-fought progress our Na- That of the funds available under this head- that these centers are adequately fund- tion has made in the workplace, wheth- ing, $12,000,000 shall be provided for the Na- ed to ensure that the National Cord er it is protecting the health and safety tional Cord Blood Inventory pursuant to the Blood Centers can continue to expand of workers or preventing the exploi- Stem Cell Therapeutic and Research Act of and store more cord blood donations— tation of children. 2005 (Public Law 109-129):’’ after ‘‘pro- which means matches for more pa- Look at what this amendment does. grams:’’. tients in desperate need of a trans- It increases funding 37 percent for Mrs. DOLE. Mr. President, on Decem- plant. ‘‘labor-management standards.’’ It does ber 20, 2005, the Stem Cell Therapeutic I ask for passage of the amendment. nothing for wage and hour enforce- and Research Act was signed by the The PRESIDING OFFICER. The Sen- ment. The Presiding Officer from Iowa President and became law. This legisla- ator from Iowa. has fought so hard for more wages to tion established, through the Health Mr. HARKIN. I thank the Senator build the middle class. Resources and Services Administra- from North Carolina for her interest in Look what it does here—and one of tion, HRSA, the C.W. ‘‘Bill’’ Young Cell and support of the National Cord Blood the reasons we have had stagnant Transplantation Program. This pro- Stem Cell Bank. This is a program Sen- wages in this country—it cuts funding gram, a successor to the National Bone ator SPECTER and I created in the 2004 for occupational safety and health. We Marrow Donor Registry, takes what bill when he was chairman. Our bill in- know what has happened with workers used to be considered medical waste, cludes $12 million for this program, in the workplace. We have seen an in- deposits of umbilical cord blood, and enough to sustain the banks that exist crease in incidents because of the Bush banks it for future transplant recipi- and start a new round of grants to administration’s lax enforcement of ents. Cord blood is the only known sub- startup operations. The Dole amend- OSHA standards to begin with. Look stitute for bone marrow. ment codifies this $12 million for the what it does to the International Labor The first cord blood transplant in the cord blood stem cell banking program. Affairs Bureau. United States not involving a family I fully support it. I believe I can speak This offset would undercut our in- member was performed at Duke Uni- for Senator SPECTER. On both sides, we vestment in fighting the worst forms of versity Medical Center in 1993. Since are more than happy to accept the child labor and human trafficking. It then, cord blood transplants have be- amendment. would undercut our ability to ensure come increasingly common. Nation- The PRESIDING OFFICER. Is there that labor laws in developing nations wide, more than 500 cord blood trans- further debate? If not, the question is are being enforced. When those laws plants are performed each year. on agreeing to amendment No. 3341. are not enforced, not only are there Today, cord blood transplantation is The amendment (No. 3341) was agreed gross human rights abuses, there are one of the most hopeful and exciting to. insurmountable obstacles to fair com- areas in the field of medicine. To- Mr. HARKIN. Mr. President, I sug- petition in the global trading arena. gether, adult stem cells and cord blood gest the absence of a quorum. In other words, when we do not en- units have been used to treat over 70 The PRESIDING OFFICER. The force labor standards in the developing blood cancers and genetic diseases. clerk will call the roll. world, it is only costing us jobs because Let me tell you about a young girl The legislative clerk proceeded to they are undercutting our wages be- named Sangeetha. She received a call the roll. cause they are violating labor law and transplant 10 years ago at my alma Mr. BROWN. I ask unanimous con- they are basically not playing fair. mater, Duke University, when she was sent that the order for the quorum call This administration now seeks more battling leukemia. Doctors struggled be rescinded. of the same, asking Congress to ap- to find a bone marrow match for The PRESIDING OFFICER (Mr. HAR- prove trade agreements with Peru, Sangeetha, who is Indian. Fortunately, KIN). Without objection, it is so or- Panama, Colombia, and South Korea. doctors found a compatible match from dered. This amendment is more of the same. a baby girl born in New York, and Mr. BROWN. I ask unanimous con- The Sessions amendment cuts from the Sangeetha was able to have cord blood sent to set aside the pending amend- small contribution—the small con- stem cell transplantation. I am pleased ment. tribution—this Government makes to- to say she graduated from Western The PRESIDING OFFICER. Without ward eliminating the worst forms of Alamance High School last year and is objection, it is so ordered. labor abuse. now a freshman at East Carolina Uni- AMENDMENT NO. 3324 Many countries still permit deplor- versity. Mr. BROWN. Mr. President, I rise to able practices such as child labor and My amendment ensures that the cord oppose amendment No. 3324, the Ses- forced labor. The Sessions amendment blood program is included in the actual sions amendment. As far as I know, cuts funding of the International Labor Labor-HHS appropriations bill. In the there is no Member of this body who Affairs Bureau by $5 million. That un- past, the cord blood program has en- opposes rigorous oversight of labor dercuts its core mission: investigating joyed strong bipartisan support in Con- unions. Members of this body who care and combating these violations of gress, and I ask that the Senate again about the well-being of American human dignity. show its support of this program by ac- workers don’t want them harmed, pe- Look at these children shown in this cepting my amendment. I also thank riod. It doesn’t matter if it is an em- picture I have in the Chamber, and my colleagues, Senators SPECTER and ployer or a union leader or the U.S. look at the work they are doing, hour

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13036 CONGRESSIONAL RECORD — SENATE October 18, 2007 after hour, day after day, in all too Mr. BROWN. Mr. President, I ask control groups in educational research. many places around the world. This is unanimous consent to set aside the These concerns are based on the dif- economic globalization on the cheap, pending amendment. ficulty—perhaps even the impos- and our Nation cannot afford it. The PRESIDING OFFICER. Without sibility—of imposing laboratory condi- Many in this Chamber may remem- objection, it is so ordered. The pending tions in nonlaboratory environments. ber a report released last year by the amendment will be set aside. Unless we take action, the evalua- National Labor Committee which ex- AMENDMENT NO. 3349 TO AMENDMENT NO. 3325 tions will proceed on about 100 cam- posed disgraceful working conditions Mr. BROWN. Mr. President, I call up puses across the country, 10 percent of in Jordan—a country with which we amendment No. 3349, which is at the those—10 of those—in my State of have a free trade agreement. The re- desk. Ohio. port documented workers who were The PRESIDING OFFICER. The Upward Bound programs are criti- trafficked—their passports confiscated clerk will report. cally important. We know how effec- when they arrived in Jordan. They The legislative clerk read as follows: tive they are to our Nation’s youth, and we should evaluate their effective- used materials made in China to make The Senator from Ohio [Mr. BROWN], for finished projects eligible for duty-free himself, Mrs. LINCOLN, Mr. OBAMA, Mr. FEIN- ness. But we should do it the right way, entry into the United States, passing GOLD, Ms. COLLINS, Mr. WYDEN, Mr. KERRY, in a fair, ethical, and valid way. through Jordan. We see too many and Mr. MENENDEZ, proposes an amendment I will continue to work with my col- workers in places such as Jordan. And numbered 3349 to amendment No. 3325. leagues, including the Presiding Offi- our administration, what does it do? It Mr. BROWN. Mr. President, I ask cer, on the Health, Education, Labor, looks the other way. unanimous consent that reading of the and Pensions Committee and in the International Labor Affairs funding— amendment be dispensed with. Senate to develop an evaluation meth- the funding this amendment would The PRESIDING OFFICER. Without odology that will truly let us know cut—goes toward the implementation objection, it is so ordered. how our Upward Bound programs are of ILO Convention 182 on the Elimi- The amendment is as follows: performing. nation of the Worst Forms of Child (Purpose: To prohibit the Secretary of Edu- I urge adoption of this amendment. Labor. It has been ratified by 165 na- cation from using funds with respect to an I yield the floor. tions. The funding provides foreign evaluation for the Upward Bound Program The PRESIDING OFFICER. The Sen- governments with technical assistance until congressional examination of the reg- ator from Arizona. on meeting their responsibilities so ulation providing for such review) Mr. KYL. Mr. President, I ask unani- this does not happen. At the end of title III, add the following: mous consent that the pending busi- A more recent ILO report, ‘‘The End SEC. ll. No funds appropriated under this ness be laid aside for the purpose of of- of Child Labor: Within Reach,’’ showed Act may be used by the Secretary of Edu- fering an amendment. that the number of children working cation to promulgate, implement, or enforce The PRESIDING OFFICER. Without the evaluation for the Upward Bound Pro- objection, it is so ordered. around the world dropped 11 percent, gram as announced in the Notice of Final AMENDMENT NO. 3321 TO AMENDMENT NO. 3325 from 246 million children—like these— Priority published at 71 Fed. Reg. 55447-55450 in 2000, to 218 million in 2004. That is (Sept. 22, 2006), until after the Committee on Mr. KYL. Mr. President, I call up not good enough, but that is progress, Health, Education, Labor, and Pensions of amendment No. 3321, which I believe is and the Sessions amendment would the Senate and the Committee on Education at the desk and was filed by Senator pull the rug out from under that and Labor of the House of Representatives COBURN. He and I are cosponsors. progress. have thoroughly examined such regulation The PRESIDING OFFICER (Mr. Members of this body who vote ‘‘yes’’ in concert with the reauthorization of the BROWN). The clerk will report. on this Sessions amendment will be si- Higher Education Act of 1965. The legislative clerk read as follows: multaneously launching a gratuitous Mr. BROWN. Mr. President, I am The Senator from Arizona [Mr. KYL], for attack on labor unions in this country pleased to offer this amendment with Mr. COBURN, for himself and Mr. KYL, pro- and abandoning workers, including Senators LINCOLN, OBAMA, FEINGOLD, poses an amendment numbered 3321 to these children, and others, who are COLLINS, WYDEN, MENENDEZ, and amendment No. 3325. being abused and exploited. It is doubly KERRY. Mr. KYL. Mr. President, I ask unani- wrong. Vote ‘‘no.’’ This amendment would halt the im- mous consent that reading of the AMENDMENT NO. 3348 TO AMENDMENT NO. 3325 plementation of an invalid and uneth- amendment be dispensed with. Mr. President, I ask unanimous con- ical Department of Education evalua- The PRESIDING OFFICER. Without sent to set aside the pending amend- tion of Upward Bound programs. objection, it is so ordered. ment and to call up amendment No. Across the country, Upward Bound The amendment is as follows: 3348 at the desk. serves low-income, first-generation (Purpose: To provide additional care for The PRESIDING OFFICER. Without students who are at risk of not com- pregnant women, mothers, and infants by objection, it is so ordered. The clerk pleting high school or pursuing higher eliminating a $1,000,000 earmark for a museum dedicated to Woodstock) will report. education. The evaluation requires The legislative clerk read as follows: that Upward Bound programs aggres- At the appropriate place, insert the fol- sively recruit twice as many students lowing: The Senator from Ohio [Mr. BROWN], for SEC. lll. (a) Notwithstanding any other himself and Mr. VOINOVICH, proposes an as they can serve simply to provide provision of this Act, none of the funds made amendment numbered 3348 to amendment enough students for a control group available under the heading ‘‘OFFICE OF MU- No. 3325. that will never actually receive Up- SEUM AND LIBRARY SERVICES: GRANTS AND AD- Mr. BROWN. Mr. President, I ask ward Bound services. It forces program MINISTRATION’’ under the heading ‘‘INSTITUTE unanimous consent that reading of the directors to engage in a sort of bait and OF MUSEUM AND LIBRARY SERVICES’’ in title amendment be dispensed with. switch that contradicts their mission IV may be used for for the Bethel Performing The PRESIDING OFFICER. Without as educators. It places in danger long- Arts Center. (b) The amount made available under the objection, it is so ordered. standing trust relationships between heading ‘‘OFFICE OF MUSEUM AND LIBRARY The amendment is as follows: Upward Bound directors and school ad- SERVICES: GRANTS AND ADMINISTRATION’’ (Purpose: To provide funding for the Under- ministrators, between students and under the heading ‘‘INSTITUTE OF MUSEUM ground Railroad Educational and Cultural their families, and, most critically, it AND LIBRARY SERVICES’’ in title IV is reduced Program) dashes the hopes of vulnerable teens by $1,000,000, and the amount made available At the appropriate place in title III, insert who lack the academic or the financial under the heading ‘‘HEALTH RESOURCES AND the following: or the emotional support necessary to SERVICES’’ under the heading ‘‘HEALTH RE- SEC. ll. Notwithstanding any other pro- successfully pursue higher education. SOURCES AND SERVICES ADMINISTRATION’’ in vision of this Act, $2,000,000 shall be avail- Not only will students be given false title II is increased by $336,500, which $336,500 able for the Underground Railroad Edu- shall be used to carry out title V of the So- cational and Cultural Program. Amounts ap- hope under this evaluation and this cial Security Act (42 U.S.C. 701 et seq.), in propriated under title III for administrative process, but there remain serious ques- order to provide additional funding for the expenses shall be reduced on a pro rata basis tions about the adequacy of research maternal and child health services program by $2,000,000. designs based on randomly assigned carried out under that title.

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13037 Mr. KYL. Mr. President, I can de- seems to me if that is something we public opinion surveys—is because they scribe the amendment very briefly. are concerned about, we could use this do not trust us to do the right thing. Here is the context in which Senator $1 million for children’s health rather They believe we are wasteful stewards COBURN and I offer this amendment. than helping to pay the expenses of an of their money. We have to start some- This Labor-HHS appropriations bill already very well-funded museum to where in convincing them that we are provides just under $150 billion in total celebrate the festival at Woodstock. serious about the business they want discretionary spending. I believe it is The amendment basically asks some us to conduct, that we can set prior- $149.2 billion. This is about $8.95 billion questions about our priorities as Mem- ities, and that we are not going to con- over the President’s recommendation. bers of Congress, stewards of taxpayer tinue to waste their money. That is well over 6 percent in excess of dollars. Remember, the money has not How can we, with a straight face, what the President recommended. grown on trees. It has been collected argue to them that we are not wasting With this kind of excessive spending from hard-working families who expect their hard-earned, taxpayer money in the bill, it is important for Congress us to put it to good use. They are frus- when we take $1 million of it to spend to address the use of taxpayer dollars trated about wasteful Washington on a memorial or a museum for a within this bill to ensure that anything spending. They criticize us every day party, as I said, that occurred 38 years that is not a critical governmental for the priorities we set. It seems to me ago, and which is already plenty ade- function is prioritized, and for those we do have to ask questions such as quately funded? It makes no sense at things that are not critical, that we whether it is the will of this body to all. not spend money on them. fund an earmark for a museum cele- I urge my colleagues, when this Now, this bill contains a $1 million brating a weekend-long party that oc- comes up for a vote, let’s at least dem- earmark for a museum located at the curred 38 years ago or funding child onstrate in a symbolic way, at a min- Bethel Performing Arts Center in Beth- health. imum, that we are serious about not el, NY—the site of the original 1969 The American people, as I said, are wasting their money. I hope my col- Woodstock Festival. The museum, sick and tired of the kind of spending leagues will support this amendment. which is scheduled to open in 2008, ap- that this particular kind of earmark The PRESIDING OFFICER. The Sen- parently will house exhibits on the represents. They see us as a govern- ator from New York is recognized. Woodstock Festival and the 1960s in ment that is not accountable to them, Mr. SCHUMER. Mr. President, does which it occurred. According to the that is out of touch with their needs my colleague from Oklahoma intend to museum’s Web site—I am quoting and realities in trying to provide for speak on this amendment? Then I now— their own families, and they then send would like to speak after both my col- Through dramatic imagery, audio-visual what the Government needs by way of leagues have spoken and respond to technology and immersive interactives, this taxes. They are not against paying what they have to say. exhibition tells the story of the 1969 [Wood- taxes, but they do not want us to waste Mr. COBURN. Mr. President, I intend stock] festival and its significance in a time their money. to speak after Senator SCHUMER speaks of unrest and change, concluding with the It is beyond me how, with an entity as well. myth, reality, and impact of the Woodstock as well funded as the Gerry Founda- The PRESIDING OFFICER. The Sen- Festival today. tion, the Government would have to ator from Oklahoma is recognized. Our amendment is very simple. We then take taxpayer money and fund Mr. COBURN. Mr. President, we simply strike that $1 million earmark. this particular museum to the tune of heard Senator KYL talk about the prob- For those who thought the Wood- $1 million. It is clearly not a high pri- lem. The Woodstock Museum is not the stock Festival was a neat thing and ority. It is clearly not needed. It is not problem; it is a symbol of the problem. something that needs to be commemo- critical to our future. It may be a nice Alan Gerry has done great things for rated in American history, it is hap- thing for some people to visit to relive the State of New York. He should be pening. It does not need the Federal their memories of the good old days, praised for what he has done. This isn’t Government, the taxpayers in my but, frankly, it is a handout from tax- an attack on him. This is an attack on State and others, to subsidize that mu- payers to a foundation that otherwise the process—the process where we in- seum. has plenty of money to commemorate appropriately send money back on the The Gerry Foundation, which is a this particular event. basis not of priority but on the basis of nonprofit 501(c)3 organization, oversees I close by noting that recently there a low-priority need. the Bethel Center, and it reported an was a festival at the Bethel site, the Now, there was a historian by the adjusted net income of $7.7 million, in- site of Woodstock, on August 11 of this name of Alexander Tyler. These words vestment income of more than $24 mil- year. They hosted an event called the are attributed to him. Nobody can say lion, and total net assets of over $150 ‘‘HIPPIEFEST,’’ with tickets priced up for sure he is the author of them, but million at the end of 2004, the last year to $60 a person. Here is how it was ad- they bear a very important lesson for for which statistics are available. So vertised: us. He wrote about the Athenian Em- why are we asking for $1 million to be Return to the flower-powered days of the pire which had collapsed, and he was earmarked out of this particular bill, 1960’s with our oh-so-hippie line-up of truly writing this about the time that our the Labor-HHS bill, for the funding of talented artists. Founders were writing our institu- this particular museum? As I said, our The center’s advertisement for the tional documents. Here is what he said: amendment would eliminate the ear- concert further states: All democracies eventually fail. They mark for this Woodstock museum, and [G]ather your groovy beads and we’ll see fail because people learn that they can it would transfer the funding to the you on the lawn for a trip down memory vote themselves money from the public Maternal and Child Health Block Grant lane. Treasury. Consequently, they only vote program—something that is relevant Well, the trip down memory lane for people in elected office who will re- to the Labor-HHS bill. may be fine for folks. I suggest if they turn them money from the public The Maternal and Child Health Block want to participate in that, they can Treasury. Consequently, all democ- Grant program provides funding to pay the admission price. If a rich entre- racies fail over a fiscal collapse. States to meet their most pressing ma- preneur in New York wishes to fund the Now, is that where we are headed? ternal and child health needs, encour- creation of this museum, as he has Have we walked into the trap of his- aging the development of community- done, he obviously has plenty of money tory which talks about how every based networks for both private and to do it, as I indicated. It is not some- other democracy in the world has, in public health care services and pro- thing American taxpayers should pay fact, failed over fiscal issues? They grams designed to meet the health for. haven’t failed over the principles of needs of pregnant women, mothers, in- I will conclude by saying this: The their democracy. They haven’t failed fants, children, and adolescents. This is reason why this Congress has a lower over their freedom. They failed over what this bill is supposed to be about. approval rating than the President of the financial collapse of their system We have had a lot of debate recently the United States—the lowest approval because the political class used public about protecting children’s health. It rating in its history, according to the monies to pay off private citizens.

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13038 CONGRESSIONAL RECORD — SENATE October 18, 2007 This is a symbolic vote. It is not recognized to call up an amendment on ture, rather than playing for us and our about going after Senator SCHUMER or the subject of mine safety. future? That is the real question. Senator CLINTON and this earmark. I The PRESIDING OFFICER. Is there There is no question that the desir- have been going after Republican and objection? ability of what this earmark supports Democratic earmarks for 21⁄2 years. But Mr. COBURN. Mr. President, reserv- is probably great. I don’t have any this is a great example. I am part of ing the right to object, I would ask to problems with it. What I have a prob- the hippie generation. I was a junior in modify that time on the provision that lem with is that we have a $9 trillion college when Woodstock occurred. It we be finished this debate. In other debt. may be great for upstate New York to words, that being the first order of This Senator has never voted to raise empower and have this as an economic business after we finish this debate the debt limit. We just raised the debt development tool. It is certainly a part rather than setting a fixed time be- limit $850 billion, to almost $10 trillion, of our history and ought to be remem- cause I am not sure we will be through because we can’t control ourselves. bered. There is no question about it. at 12:30. If the Senator would care to So the question before us isn’t But the question is, should this be a modify, so that at 12:30, or the soonest whether this is good or bad. The ques- priority for this body over the priority thereafter we finish this debate, I tion is, when are we going to change of women and children, of maternal- would be more than happy to agree. our behavior? When are we going to child health, which isn’t funded ade- Mr. HARKIN. If the Senator will start doing $1 million here and $1 mil- quately in this country? Should we yield, is there any chance that we lion here, up to $398,584,000 worth of fund $1 million to a worthwhile project could finish the debate after the vote? earmarks in a bill? That is the ques- but low priority? That is the question. We are trying to get the vote in prior tion. This isn’t conservatives who are It is not about whether great things to some noon things that are hap- asking this question; it is liberal have been done in this area or whether pening around here. Democrats; it is Independents; it is great things can continue to be done. Mr. COBURN. I guess we can do that. conservatives, because they know, in New York has a $1.6 billion surplus I would do that if that is what you fact, this Government can run better, right now. If this is great, why want to do. I would love for us to finish more efficiently, with less money than shouldn’t the State of New York fund this before the vote. what we are doing now, if, in fact, we it more, this $1 million? We have, ac- Mr. HARKIN. Mr. President, I modify will stand up and do the oversight cording to the latest estimate if you my unanimous consent request to say work we ought to be doing. But we use Enron accounting, a $160 million that if the pending debate is not fin- refuse to do that. deficit. If you use real accounting, it is ished at 12:30, that after the vote on So the vote will come. We will have a going to be about a $300 billion deficit. amendment No. 3338, we would return vote. If we don’t enhance this amend- So why should we put the credit card to the debate on the Coburn amendment and pass it, we will go from 11 in and charge another $1 million to our ment. percent to 10.95 percent because, in kids for something that is low priority? The PRESIDING OFFICER. Is there fact, the American people will see, If we are going to charge another $1 objection? again, that we don’t get it. We don’t million to our kids, why don’t we do it Mr. COBURN. Is that OK with my have to live by the rules they live by. for the kids, for maternal and child colleague? The tragedy is, in this bill, the health? We will earn the 11 percent if Mr. SCHUMER. I only intend to Labor-HHS bill to help those most de- we reject this amendment. speak for 5 minutes. pendent in America, we are going to The problem is, this is a good thing Mr. COBURN. Then I think we should take money in the future from those to do. Senators have a right to do it. be finished. I have no objection to the who we are saying we are giving to We know that. Even though, I disagree original request. now, through a decreased standard of that, before we fix the major financial The PRESIDING OFFICER. Without living or an increased tax rate. If you problems that face our country, we objection, it is so ordered. The Harkin don’t believe that, read David Walker, shouldn’t be sending money home. I am request, as modified, is agreed to. the Comptroller General’s report about in the minority on that issue. I under- The Senator from Oklahoma is recog- what is getting ready to happen to us stand that. You are not bad if you dis- nized. as a nation in terms of our finances, or agree with me. But according to the Mr. COBURN. Mr. President, so here read Peter Peterson’s book, ‘‘Running American public, you don’t agree with we have a bill, the Labor-HHS bill, and On Empty,’’ about what is going to them either because 85 percent of the it has over $400 million in earmarks— happen to us. Why in the world is the American people in the latest poll some good, some priority, some are Euro at $1.42 when it was 83 cents 31⁄2 think we ought to eliminate all ear- high priority, probably should be there, years ago? Why is that? Is there a marks until we get our house in order. but many are not high priority. beckoning call about our financial con- The question is, how will they ever When are we going to do what the dition that the world financial markets trust us to fix Medicare or Social Secu- American family has to do every year? recognize, and yet we refuse to pay at- rity if they can’t trust us on these What they have to do is say: Here is tention to? small things? And they can’t. We can’t how much money we have coming in. So I call on my colleagues. This isn’t help ourselves. Surely, $1 million for a Here is what we have needs for, and a partisan amendment. I have gone Woodstock museum and performance here is what we have available. What after just as many Republican amend- center is not a priority for this country they do is make choices based on prior- ments—as a matter of fact, one of the at this time. ities. This debate is about making amendments I am going to be offering Mr. HARKIN. Would the Senator choices. If we had different rules, this today goes after a Republican amend- yield for a unanimous consent request? debate would have been eliminating ment. I also plan on offering an amend- I hate to interrupt the Senator. the earmark plainly, and several oth- ment to get rid of all earmarks in this Mr. COBURN. I am happy to yield. ers. But because of the Senate rules, bill before we finish this bill. So we Mr. HARKIN. Mr. President, I think the money is going to be spent, so we will get to see whether this body gets this has been cleared on the other side. have to figure out a higher priority it, whether the 80 percent to 85 percent I ask unanimous consent that at 12:30 place to spend it, and maternal and of Americans who want us to change today, the Senate proceed to vote in re- child health is certainly the place to do our behavior have any influence on us lation to the DeMint amendment No. it. whatsoever. Will we listen? 3338, with no amendment in order to The real question the American peo- There is a rumble. I said this a year the amendment prior to the vote, and ple are asking us, the 89 percent of the and a half ago. There is a rumble in that there be 2 minutes of debate prior American people who don’t have con- America, and the rumble is this: We to the vote with the time equally di- fidence in this institution are asking don’t have confidence in our Govern- vided and controlled between Senators us is, when are we going to get it? ment anymore. Where is the legit- DEMINT and SCHUMER or their des- When are we going to start doing what imacy of our Government when our ignees; that upon disposition of the they want us to do? When are we going own people don’t have confidence in us? DeMint amendment, Senator BYRD be to start playing for them and their fu- It is a great question to ask about the

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13039 greatest Republic that there ever was. Arizona—I know of his record longer, people used to go to, which are now It is a problem we need to be about and he does not have that record. decrepid. I have been there many a solving rather than ignoring. Mr. COBURN. I appreciate that. time. I was there as a kid. I went to With that, I yield for the moment. Mr. SCHUMER. I appreciate that, summer camp in the Catskills across The PRESIDING OFFICER. The Sen- and I look forward, when tax-cutting the river in Pennsylvania. I would go ator from New York is recognized. amendments come to the floor, to there, of course, as a Senator fre- Mr. SCHUMER. Thank you, Mr. working with my colleague to say they quently. It is an area that needs help. President. I would like to make a few ought to be paid for if we are going to When you ask the people what is the comments. First, I would like to say do it, like we did, for instance, in the No. 1 thing they need, it is jobs. In this this: I have tremendous respect for my recent SCHIP bill. bill, we talk about jobs, no question. colleague, and I would say friend, from I will make a second general point, But I daresay the people of Sullivan Oklahoma. I don’t think he does this and I will get to the specifics of this County—the economic development ex- out of any personal animus or even a program. There are many needs in this perts, the town and local officials— direct, crass political advantage. I country, and this country has always have a better idea of what would create think he believes, and I respect that. been one of federalism. Most of our jobs in Sullivan County than the Sen- So I would like to say that at the out- time, effort, and energy goes into broad ator from Oklahoma or the Senator set, and I say the same for my friend programs that basically do the same from Arizona and, quite frankly, the from Arizona. They have both been thing in Oklahoma, Arizona, and New Senator from New York. They are consistent in this, and they don’t put York—whether it is helping pregnant there, they know it. They live on the in—even though their States do get women, whether it is education, or ground. They are the ones who see earmarks, even earmarks for museums, whether it is road building. Those are their children unable to get work. They it is not the wish of the Senator from large national needs that this body has are the ones who have seen and remem- Oklahoma or the Senator from Arizona determined are real. But we have al- ber the older once great days, and now to do that. That is point 1. ways had a view that States and local- the decline, and they are desperate to Point 2, generally, about fiscal re- ities are important. try to restore some of the jobs so their sponsibility, I would say both of my Frankly, since the 1930s, there has children won’t have to go away. colleagues on the other side of the been a view that the Federal Govern- This Bethel Center for the Per- aisle, like so many others, have voted ment has every right or reason to help forming Arts was one of the two eco- pretty strongly against spending pro- those States and localities specifically, nomic development projects that Sul- grams. But they don’t vote the same and that is what good earmarks are. livan County put at the top of its list, way against tax cuts. They don’t do Earmarks are not all good. Spending the other one being a racetrack, repay-go on tax cuts. They vote to cut programs are not all good. Tax cuts are making the old Monticello Raceway to taxes much more than all of the ear- not all good. Each of them can be help with gambling, which is still pend- marks in this entire bill, even though aimed at a specific place. Each of them ing in the Department of the Interior, it makes the deficit worse, even though can be aimed for the wrong reason. But where the Secretary, from Idaho, who it is a fact that our children will suffer I am proud of the earmarks I have put doesn’t seem to have a real under- because of the debt. in the bills that we have had this year standing of the need, says it is an out- So there is no high moral ground and in previous years. I am proud to of-State tribe and we don’t want to do here. There is a view as to how big defend them and I am glad we are hav- it. Government ought to be, but the idea ing this debate. I do believe there is a A job training program will be very of keeping the budget balanced for our balance, and I don’t believe saying nice, but it would not help Sullivan children and for our grandchildren, I every program the Federal Government County to a large extent. All of the daresay, this new Congress, under does ought to be just aimed across the other large Federal programs we fund Democratic leadership, is toeing the country because Sullivan County in up- in this bill will not help Sullivan Coun- mark far more carefully than previous state New York, in the Catskill Moun- ty. The people of Sullivan County, as Congresses did. We have instituted pay- tains, is quite different from the coun- well as the people in the rest of New go—pay-go for tax cuts, but pay-go for ty that surrounds Tulsa, OK, or the York, who elected myself and Senator spending programs as well. Grand Canyon in northwestern Ari- CLINTON to try to help them with their Any economist will tell you, if you zona. specific needs, as well as make the have a large deficit, it doesn’t matter Yes, there should be a balance. To country a better place—we don’t tell whether the deficit was caused by ei- me, the balance in this bill—and the them what is good for them. We make ther reducing taxes or by raising overwhelming majority are for broad sure the money will be spent where it spending. So, frankly, I think the argu- Federal programs, but a certain is supposed to be spent. But we defer to ments of my colleagues would have a amount are designated for earmarks— their decision. This was their decision. great deal more suasion in this body if makes sense. Now, obviously, if you are A lot of other things in Sullivan Coun- they were to say they will not vote for putting an earmark in for something ty might have needed specific help, but any tax cut that is not paid for either out of your State, or for the wrong rea- this was their decision. It is a good de- because what is good for the goose is son, that is wrong. But let me tell you, cision. good for the gander. if you go to Sullivan County, NY—and I believe—and this is where, I sup- If you wish to say I am for shrinking I appreciate that my colleague from pose, my colleague and I have a dif- Government and I don’t care what the Oklahoma has conceded this is a good ference—that the Federal Government deficit is, that is just fine. But if you program; he just doesn’t think the Fed- should play a role. Being a U.S. Sen- are making the argument that we eral Government ought to spend for it. ator means making the big, broad na- should not pass debt on to our children, But I appreciate that because if you go tional policies for this country, and it debt from tax cuts and debt from to Sullivan County, NY, it is the place means helping the Sullivan Counties of spending programs is exactly the same where the Catskills are. Until about each of our States. I argue that a Sen- debt. 1950, the area boomed. Then the air- ator who doesn’t do that is derelict in Mr. COBURN. Will the Senator yield? plane boom hit and all the people from his or her responsibilities to their Mr. SCHUMER. Yes. New York City, Philadelphia, and Bos- State. So I am proud of this earmark. Mr. COBURN. Can the Senator recall ton who vacationed there started get- It is the right type of earmark. a time that I voted for a tax cut? ting on airplanes and going to Florida, My colleague mentioned the State Mr. SCHUMER. I don’t know offhand. the Bahamas, California, and now Ari- government and why doesn’t the State Mr. COBURN. As a matter of fact, my zona to vacation. So Sullivan County do it. The State has put $15 million public statements are that there became one of the poorest areas in our into this. The local county officials should be no tax cuts unless you do State. You drive up there, and you will have clamored for this for years. There spending cuts to pay for them. see, from the Old Glory days, the great was a previous earmark put in by Con- Mr. SCHUMER. I respect my col- hotels that are boarded up. You will gressman HINCHEY in the House of Rep- league for that. But the Senator from see the little bungalow colonies that resentatives to help build a road. It is

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13040 CONGRESSIONAL RECORD — SENATE October 18, 2007 a whole performing arts center at Mr. KYL. Mr. President, let me re- We had a Finance Committee meet- Bethel, not just a museum, but it is turn the compliment to our colleague ing, I believe it was yesterday, an in- about $100 million. We hear about from New York. Nobody is questioning formal meeting. I asked my colleagues, State and private partnerships, and anybody’s beliefs. He certainly made because it was all about raising taxes: this is one of them. The locality and that point, and we make the same Does anybody here have an idea about the State are putting far more money point. In Senator SCHUMER, the citizens how we could cut spending in order to into it than Washington. So both the of New York have a very worthy and pay for this? Dead silence. Not a one. I State and the county and the town of persuasive advocate. I say this with no know my colleague from Oklahoma has Bethel have stepped up to the plate. disrespect. He could literally make the lots of good ideas about how to cut They are not just asking the Federal sow’s ear into a silk purse, which I spending, but nobody in the Finance Government for something they would think is what is being done with re- Committee was willing to put forth an not spend money for. spect to this particular program. He idea of cutting spending. No, it had to Every one of our counties has a need fights for his constituents’ interests be to raise taxes. like this. If we are going to let a broad- and beliefs. But I say thank you. What I am curious about is whoever brushed argument that there should be If this is a jobs program, and that is decided that the amount of revenue the no earmarks stand—none—we are not the justification for it, I think we need Federal Government collects today is going to be able to help these specific to take a look at this again. I am in- exactly the amount of revenue it has to needs. I am proud to do it. I spend some formed that the unemployment rate in collect from now into the future so time doing it, and I am going to con- Sullivan County is 4.1 percent, con- that if we are ever going to reduce tinue to do it. I think it is part of my trasted with 4.6 percent nationwide. taxes on hard-working Americans, we job. I think the people of Sullivan Our colleague talked about the coun- have to raise their taxes in some other County and the people of New York ties in northwest Arizona. He men- area so the Government can still col- State and the people of the United tioned the Grand Canyon. One of the lect the same amount of money? States would agree with that when told counties next to the Grand Canyon in- It is interesting, we collect about 18.4 the facts of this particular situation corporates the Navajo Indian Reserva- percent of the gross domestic product and a little history of Sullivan County, tion. in taxes today. We could prevent any of which I have just outlined. I think about Tuba City. The unem- the existing tax rates from increas- So I hope my colleagues will vote ployment rate on the Navajo Indian ing—take the 2001 and 2003 tax cuts— against this amendment because this Reservation is about 40 percent as op- and eliminate AMT, the alternative is, as my colleague from Oklahoma posed to a little over 4 percent in Sul- minimum tax, and we would still be says, a worthy project, and most of livan County, NY. We could use a lot of collecting 18 percent of our gross do- them are—not all. I have great respect jobs programs. We can use other pro- mestic product in taxes. Isn’t that for my two colleagues on the Senate grams more than that. I cannot get enough? floor. I don’t think they are motivated money for a roof on the Tuba City jail If we don’t do these things, we will be by anything other than the best of in- which leaks. There are parts of Arizona over 20 percent. The historic 40-year tentions. Most of my colleagues believe where it actually rains, and on the average is 18.2 percent. Clearly, we they want to help out the Sullivan Navajo Indian Reservation in Tuba don’t have to keep raising taxes on Counties, and we should be getting at City, AZ, it rains. Americans. That is why some of us be- the deficit. But the right way to do it I went up there on a Saturday night lieve, when we try to help people by is to put in pay-go across the board, about 6 months ago. Hope MacDonald cutting taxes, we ought to leave well not tie our hands and eliminate one said: You need to come up, we have to enough alone and not raise taxes some- specific type of program. get a new jail; this thing is falling I want to review a little about the where else so we can keep the Govern- Bethel Museum in Sullivan County. It apart. I walked in and, yes, it is falling ment whole. The object is not to make is a museum that not just covers Wood- apart. It happened to be raining and, sure the Government always has the stock in the late 1960s, but it covers a yes, the roof leaks. same amount of money. It is to try to There are huge needs on these Indian whole post-World War II period, focus- help the people who pay the taxes. reservations in poor counties of Ari- ing on the sixties. It was a tumultuous They are the ones who generate the zona. There are a lot of events we can decade, and it is a good idea to study jobs. it. Museums and libraries are a very commemorate on the Navajo Reserva- If we are talking about unemploy- important part of our history and edu- tion in terms of a museum that would ment, let’s talk about who creates the cation, as well as a job magnet. I don’t be worthwhile for everybody in this jobs. It is mostly small businesses. So think there is a debate that they are country to visit. There is a rich, long, if we help small businesses by not rais- important. They have broad-brushed wonderful history there. But I don’t ing their taxes, they can create the Federal programs that help libraries think we should have an earmark in jobs and that creates wealth and, by and museums. So that is not the argu- the Health and Human Services bill to the way, it produces more income tax ment. create a museum as a jobs program. If revenue to the Federal Government. Most important, it is an economic we want to do that, let’s focus on the I conclude by saying I plead guilty to engine, as important as an economic real need. not wanting to raise taxes every time I engine might be in southeast Okla- I don’t know how many jobs this am in favor of cutting taxes, but that homa, in the Indian country of Ari- would create or what the cost-benefit debate is irrelevant to the question be- zona, or the mountains of Montana, ratio of the expenditure of this money fore us today, which is simply, as a and it is what the two Senators—Sen- is for job creation, but there surely has symbolic measure, can we at least find ator CLINTON and I—in listening to the to be a better way to do it than cre- $1 million in this multibillion-dollar needs of Sullivan County and the peo- ating a museum. If we are prioritizing, bill that we can all agree could better ple of Sullivan County, the elected offi- I can tell you areas in Arizona that are be spent on something else? Can we set cials there and the Chamber of Com- far greater in terms of unemployment some priorities once and for all? merce have said they need most of all. and could use the money in much more This Woodstock museum, maybe it is I hope my colleagues will support us direct ways to benefit the citizens of a good idea—I am not so sold on it—but and vote down this amendment because the State. if it is a great job creator, and it is when they vote down this amendment, The second point that our colleague pretty clear the people in New York they are standing up for the other role from New York made—I will stand have concluded that, they have the we have in the Senate: to help our com- guilty with respect to Senator SCHU- money to fund a museum. They do not munities in the way they believe is MER’s charge, which is that I don’t be- have to rely on the taxpayers in my best, not the way Washington dictates lieve we should always raise taxes State or other States to fund a mu- is best. when we cut taxes. That is what this seum. The PRESIDING OFFICER (Mr. so-called pay-go rule is all about. It is I hope my colleagues agree that in TESTER). The Senator from Arizona is supposed to work this way. You either setting priorities, we can strike this recognized. cut spending or you raise taxes. one earmark from this bill.

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13041 The PRESIDING OFFICER. The Sen- you will uphold the Constitution of From where is this money going to ator from Oklahoma. these United States—these United come? It would be borrowed. From Mr. COBURN. Mr. President, I have a States, all of us. So the will and the whom would we borrow it? Right now, couple points as to Senator SCHUMER’s best well-being of all of us as a country over half the money we are borrowing statement. First, with an unemploy- has to be our most important goal. to float this Federal Government we ment rate six-tenths percent lower Alexander Tyler will be right about are borrowing from abroad and pri- than the national average and lower us if we don’t wake up and change what marily the Japanese and the Chinese. than New York’s average, by the way— we are doing. We will collapse under So when my colleagues come out and lower than New York’s average—it is our own fiscal insanity if we continue say let’s have a bunch more tax cuts hardly in the dire consequences of what to do these things. and not pay for them, by either reduc- we see around the rest of the country. Senator SCHUMER is a great Senator ing spending or replacing it with other The second point is, we have 60-some for the State of New York, there is no revenue, understand what they are say- million dollars out there for competi- question about it. He is going to fight ing. What they are saying is let’s go tive grant competition on museums for and defend this old way of paro- borrow a bunch more money from which the museum administration does chialism. He is going to fight and de- China and Japan. a great job. In other words, everybody fend it until we as a country collapse. Some people say it is a sign of in the country who wants to have a That is why we have an 11-percent con- strength that they will loan us this museum has to compete against every- fidence rating. We are collapsing al- money. That is an interesting idea of body else, and the ones who are most ready in terms of our real duty to build strength. I had a man in my office the meritorious—by the way, they are also confidence, that we are looking out for other day, one of the wealthiest men in audited to see that the money is actu- the country as a whole, not for our own America. He said to me: I believe ally spent in a proper way; this will political careers or not for local paro- America is in danger of following the never be audited—they have to com- chial interests. That is why the Senate path of Great Britain, a great empire pete. was created. It wasn’t for parochial in- in decline, because we are not respon- The major problem with Senator terests. If you read the Founders’ sible about our financial commitments SCHUMER’s argument is that Sullivan writings, they never thought about the and we get into this idea of spending County can never be healthy if the Senate being considered anything money we don’t have and borrowing it country as a whole is not healthy. That other than a body that looked at the primarily from abroad. is the problem with the argument. We long term, ensure the future, create op- It leaves me cold to hear some of my can say we want to make XYZ healthy. portunities, and protect the liberty, colleagues talk about supporting every It is akin to saying your finger is and we fall away from that as we go tax cut, supporting every spending ini- healthy when you are having a heart through this process. tiative, wanting another $200 billion for attack. Mr. President, I know we have a the war in Iraq and not willing to pay The fact is, the country as a whole is unanimous consent agreement. I ask for any of it. That is what will bring at the precipice—D day comes January that all the Members of this body read America down. That is what will weak- 1, 2008. That is the demographic day on Comptroller General David Walker’s en this country. That is what will leave which all the baby boomers, the report about what is getting ready to us deep in debt and a debt that we will ‘‘Woodstockers’’ start taking Social happen to us and read former Secretary owe all around the world. Security, and 3 years later they start Peter Peterson’s book ‘‘Running on We are increasingly dependent on the Empty’’ and what they will see is not a taking Medicare, $79 trillion worth of kindness of strangers. At some point, pretty picture. unfunded liabilities. How in the world we have to get serious around here and The time to diagnose the disease is become responsible. Those who em- can the American people ever trust us now, not when we are in ICU and we brace every spending initiative of to fix those big problems if we don’t could have prevented it. even get it on the small problems? I yield the floor. I thank my col- every tax cut and then call themselves If this is a great idea, put it into the leagues for their debate. fiscally responsible have gone beyond competition on competitive grants for The PRESIDING OFFICER. The Sen- the pale. museums. To say they are in hardship ator from North Dakota. I thank the Chair and yield the floor. with an unemployment rate of 4.1 per- Mr. CONRAD. Mr. President, mo- AMENDMENT NO. 3338 cent compared to the rest of New York ments ago I heard my colleague from The PRESIDING OFFICER. Under and the rest of the country, that is Arizona, who is a member of the Fi- the previous order, there will now be 2 hard to believe. nance Committee, as am I, talking minutes of debate equally divided be- Again, we have to start listening to about eliminating the alternative min- tween the Senator from South Caro- the rumble in America that says start imum tax. Most of us in this Chamber lina, Mr. DEMINT, and the Senator being good stewards with our money, know we have a problem with the al- from New York, Mr. SCHUMER, or their quit doing things that help you as poli- ternative minimum tax that is going to designees, prior to a vote on amend- ticians that hurt us as a country. affect 23 million Americans, up from ment No. 3338, offered by the Senator The fact is, although this may be nearly 4 million last year, if we fail to from South Carolina. very worthy, why shouldn’t it have to act. But the notion that we eliminate Mr. DEMINT. Mr. President, I have compete against everybody else in the the alternative minimum tax and not been in the Senate about 3 years, and I country who wants a museum? Why pay for it I find breathtaking. Why? have become increasingly concerned shouldn’t it have to compete? Why is it Because unless we replace that rev- that many of my colleagues and good that I can pick out and place—and I enue, we will have to go out and bor- friends, whom I deeply respect, now be- guess I am one of the derelict Senators row another $870 billion over the next lieve it is our purpose here in the Sen- because I don’t believe Oklahoma can 10 years. In fact, some of my colleagues ate to take tax dollars from the Amer- be healthy if our country isn’t healthy. in a meeting yesterday of the Finance ican people and then give them to our I believe Oklahoma will ultimately fail Committee said let’s not only elimi- favorite causes back in our States. if our country fails. I believe that fu- nate the alternative minimum tax and There are many wonderful causes back ture generations will live a less stand- not pay for it, let’s eliminate or extend in South Carolina. I could spend a ard of living with less opportunity and the 2001 and 2003 tax cuts and not pay whole national treasury on them if I ultimately less freedom if we don’t for that either, not reduce spending or could get my hands on it, but that is solve the financial problems in front of replace it with other revenue. not what I am here for. Americans ex- us as a nation. The effect of those proposals would pect us to work for the good of the This is a symptom of our sickness, be $4 trillion of additional debt after country, of everyone and our future as and until we reject and get rid of this they have already run up the debt of a whole, not to create slush funds for disease of parochialism and start ful- the country by $3 trillion in the last 6 ourselves and give them to our favorite filling our oath—do you realize the years alone, a 50-percent increase in causes back home. oath we take when we come to the Sen- the debt. I find that not just irrespon- My amendment addresses a par- ate never mentions our State? It says sible, I find it wildly irresponsible. ticular cause, and my purpose is not to

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13042 CONGRESSIONAL RECORD — SENATE October 18, 2007 embarrass a Member of Congress but to Mr. DURBIN. I announce that the As I said before, there are a couple of point out that it is particularly egre- Senator from Delaware (Mr. BIDEN), reasons we need to do it. No. 1 is we gious if we, as Members of Congress, the Senator from Connecticut (Mr. need to get this bill completed so we take taxpayer money and give it to DODD), the Senator from Massachusetts can get something to the President, some project that has been named after (Mr. KENNEDY), and the Senator from and this would be a bill to do that. If us, and in this case Mr. RANGEL has Illinois (Mr. OBAMA) are necessarily ab- the President is going to veto legisla- gotten $1 million or $2 million. sent. tion, which he said he is going to do, The PRESIDING OFFICER. The Sen- I further announce that, if present this would be a good one to send to him ator’s time has expired. and voting, the Senator from Massa- because what the President is com- Mr. DEMINT. Mr. President, I ask chusetts (Mr. KENNEDY) would vote plaining about, in actual dollars, is in unanimous consent for another 30 sec- ‘‘nay.’’ this bill. onds since no one else is speaking. Mr. LOTT. The following Senator is Second, the chairman of the Agri- The PRESIDING OFFICER. Without necessarily absent: the Senator from culture Committee is the manager of objection, it is so ordered. Arizona (Mr. MCCAIN). this bill. We have to get him the abil- Mr. DEMINT. My amendment strips The PRESIDING OFFICER. Are there ity next week to start and finish mark- this out. Some have said it is not in any other Senators in the Chamber de- ing up the farm bill. We have to do the the Senate bill, so we don’t need to do siring to vote? farm bill every 5 years. We are now it. We do that all the time; we disallow The result was announced—yeas 34, past the time when we should have al- the use of funds for particular reasons nays 61, as follows: ready completed that. because that is not what a bill is in- [Rollcall Vote No. 373 Leg.] So there are a number of very impor- tended for. YEAS—34 tant reasons we have to push forward Some have said we name things after Allard Crapo Kyl this week to finish what we are work- Senators all the time. But it has only Barrasso DeMint Martinez ing on today. I hope everyone under- been after they have retired that we Bayh Dole McConnell stands that. I said before, I am so Bennett Ensign have done that. We do it for judges Roberts happy last week we were able to find a Brownback Enzi Sessions way of finishing the Mikulski-Shelby after they retire. Bunning Feingold Smith We have to stop this insidious prob- Burr Graham Snowe appropriations bill. We were able to do Chambliss Grassley Sununu that. It took the cooperation of both lem of becoming a favor factory where Coburn Gregg Thune sides, but we wound up with a good we are giving away taxpayer money for Coleman Hutchison Vitter things we are not supposed to do, de- Corker Inhofe product. spite how worthy they might be. Please Cornyn Isakson I hope we do not have to work late support my amendment to strike this NAYS—61 tomorrow. I hope we can figure out a way to do this. When Senator MCCON- egregious provision. Akaka Hagel Nelson (FL) The PRESIDING OFFICER. The Sen- Alexander Harkin Nelson (NE) NELL was speaking earlier today, a few ator from North Dakota. Baucus Hatch Pryor minutes ago, we had both our floor Bingaman Inouye Mr. CONRAD. Mr. President, the only Reed staffs with us, and they are going to Bond Johnson Reid fault I find with the amendment of the Boxer Kerry help work through this. If people have Rockefeller amendments they want votes on, let’s Senator from South Carolina is that Brown Klobuchar Salazar Byrd Kohl Sanders set them up today or tonight. It should this provision is not in the bill before Cantwell Landrieu Schumer be, and could be, an important day to us. It is not in this bill. The thing he Cardin Lautenberg Shelby Carper Leahy complete this legislation. finds objectionable is in the House bill; Specter it is not in this bill. Casey Levin The PRESIDING OFFICER. The Re- Clinton Lieberman Stabenow publican leader is recognized. Mr. DEMINT. Will the Senator yield? Stevens Cochran Lincoln Mr. MCCONNELL. Mr. President, let Mr. CONRAD. I think all time has ex- Tester Collins Lott me say to the majority leader, we are pired. Conrad Lugar Voinovich Warner anxious to move this bill to completion Mr. DEMINT. We have done this be- Craig McCaskill Domenici Menendez Webb as well. We understand the desire of fore. We did it with spinach a while Dorgan Mikulski Whitehouse the manager of the bill to turn his at- back. It is not unusual for us to dis- Durbin Murkowski Wyden tention to the farm bill, which has not allow the use of funds for things not in Feinstein Murray yet been marked up. I am on that com- our bill. It is important we do it as a NOT VOTING—5 mittee, and I understand his interest in Senate; otherwise, it will end up in the Biden Kennedy Obama being able to do that. final bill. Dodd McCain Let me just reiterate, there is going Mr. CONRAD. Mr. President, is there The amendment (No. 3338) was re- to be plenty of cooperation on this side time remaining? jected. of the aisle to complete the Labor-HHS The PRESIDING OFFICER. Twenty- Mr. WHITEHOUSE. Mr. President, I bill at the earliest possible time. I en- two seconds. move to reconsider the vote. courage our Members who have been Mr. CONRAD. Mr. President, I would Mr. ROCKEFELLER. I move to lay offering amendments and are going to just say again that I find it unusual that motion on the table. be offering some more to come down that we are passing amendments on The motion to lay on the table was and let’s do it today. provisions that aren’t even in the bill agreed to. The PRESIDING OFFICER. The Sen- before us. It is in the House bill. Now, The PRESIDING OFFICER. The ma- ator from Nevada. maybe the Senator from South Caro- jority leader is recognized. Mr. ENSIGN. Mr. President, to move lina wants to send a signal, and I cer- Mr. REID. Mr. President, we are this along, I ask unanimous consent to tainly respect that, but the fact is the making progress on this legislation. call up en bloc amendments numbered provision he objects to is not in the The two managers are working very 3242, 3352—— legislation before us. It is over in the hard to consider all the amendments The PRESIDING OFFICER. Under House bill. Ultimately, this will have that people have suggested to them. the previous order, the Senator from to be worked out between the House We have just spoken to the distin- West Virginia is to be recognized. and the Senate. guished Republican leader, and we be- The senior Senator from West Vir- I thank the Chair. lieve this bill can be finished—it is 1 ginia is recognized. The PRESIDING OFFICER. All time o’clock Thursday afternoon, and I hope Mr. BYRD. Does the Senator wish to has expired. we will not have to work into the make a unanimous consent request? The question is on agreeing to evening tomorrow. We really need to Mr. ENSIGN. If the Senator will amendment No. 3338. The yeas and nays finish this bill and have some coopera- yield, if I could call up this amendment have been ordered. The clerk will call tion from Senators as to how it can be and speak for 2 minutes and then yield the roll. finished with a time certain. So I tell the floor? The assistant legislative clerk called the two managers, this is a bill we need Mr. BYRD. How long does the Sen- the roll. to do. ator wish?

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13043 Mr. ENSIGN. Two minutes. lem with a totalization agreement be- years 2006 and 2007, the Labor-HHS Ap- Mr. BYRD. Mr. President, I yield the tween our two countries; not because propriations Subcommittee secured floor for 2 minutes. of our country but because of the rec- funding, at my request, to hire addi- AMENDMENTS NOS. 3342 AND 3352 EN BLOC, TO ordkeeping and the problems associ- tional mine safety inspectors and to AMENDMENT NO. 3325 ated with Mexico. bolster safety enforcement at MSHA. Mr. ENSIGN. Mr. President, I call up, What the first amendment would do, I wish to thank Chairman HARKIN en bloc, amendments Nos. 3342 and 3352. very simply, it would not allow the ad- and Senator SPECTER for their support The PRESIDING OFFICER. Without ministration to use funds to implement and their stalwart advocacy of these objection, it is so ordered. The pending a totalization agreement with Mexico. requests. They are true champions of amendments are set aside. Our Social Security trust fund is al- the coal miners. The clerk will report. ready in trouble. We all know that. Since the Appropriations Committee The assistant legislative clerk read This totalization agreement with reported this bill in June, another as follows: Mexico would put our Social Security tragedy occurred in Utah where six trust fund into trouble. That is why I miners were trapped at the Crandall The Senator from Nevada [Mr. ENSIGN] think this is an important amendment proposes, en bloc, amendments numbered Canyon Mine. During the rescue oper- 3342 and 3352 to amendment No. 3325. that we debate, we talk about, and ation, three miners lost their lives, one hopefully we will support. of them a Federal mine inspector. The Mr. ENSIGN. Mr. President, I ask The second amendment I have, I be- unanimous consent that the reading of original six miners who had been lieve, reflects American values. We trapped were never found. They remain the amendments be dispensed with. hear about identity fraud all the time. The PRESIDING OFFICER. Without entombed to this very minute, this My amendment says the Social Secu- very hour, this very day. They remain objection, it is so ordered. rity Administration could not pay So- The amendments are as follows: entombed in Crandall Canyon. cial Security benefits to anybody who When the Congress returned from its AMENDMENT NO. 3342 has used a Social Security number August recess, the chairman and the (Purpose: To prohibit the use of funds to ad- fraudulently. That happens today. ranking member of the Senate Labor minister Social Security benefit payments They use it fraudulently. They come HHS Subcommittee conducted a hear- under a totalization agreement with Mex- back and they claim the benefits while ico) ing to examine MSHA’s actions at they were using someone else’s Social Crandall Canyon. At the appropriate place, insert the fol- Security number. lowing: In response to several questions I This amendment would stop that asked based on articles in West Vir- SEC. ll. None of the funds appropriated practice. It would say Social Security by this Act may be used by the Commis- ginia’s Charleston Gazette, the Assist- sioner of Social Security or the Social Secu- cannot use any funds in this bill to ant Secretary of Labor for Mine Safety rity Administration to pay the compensation give Social Security benefits to some- and Health informed me that MSHA of employees of the Social Security Adminis- body who used an illegal Social Secu- had not been performing the full quar- tration to administer Social Security benefit rity number. terly inspections required by the Mine So briefly, those are my two amend- payments, under any agreement between the Act. I learned that MSHA has fallen United States and Mexico establishing total- ments. I appreciate the Senator from dangerously, shockingly behind on its ization arrangements between the social se- West Virginia yielding me 2 minutes. mine inspections across the Nation. curity system established by title II of the The PRESIDING OFFICER (Mrs. In southern West Virginia, the in- Social Security Act and the social security MCCASKILL.) The Senator from West spection rate had been allowed to de- system of Mexico, which would not otherwise Virginia. be payable but for such agreement. Mr. BYRD. Madam President, is the cline from 89 percent in 2006 to 63 per- AMENDMENT NO. 3352 Senate operating under a time agree- cent in 2007. MSHA needs the per- (Purpose: To prohibit the use of funds to ment at this point? sonnel, MSHA needs the budget to per- process claims based on illegal work for The PRESIDING OFFICER. There is form its primary and most basic func- purposes of receiving Social Security bene- no time agreement on the Senator’s tions; MSHA needs support staff to fits) time. properly assess penalties; MSHA needs At the appropriate place, insert the fol- Mr. BYRD. Am I recognized at this resources to review and certify safety lowing: point? equipment; MSHA needs the capacity SEC. ll. None of the funds appropriated in The PRESIDING OFFICER. The Sen- and the personnel to train more inspec- this Act shall be expended or obligated by ator from West Virginia is recognized. tors. the Commissioner of Social Security, for Years of attrition and budget cuts by purposes of administering Social Security AMENDMENT NO. 3362 TO AMENDMENT NO. 3325 benefit payments under title II of the Social (Purpose: To increase funding for the Mine the Bush administration—let me say Security Act, to process claims for credit for Safety and Health Administration. that again—years of attrition and quarters of coverage based on work per- Mr. BYRD. Madam President, last budget cuts by the Bush administra- formed under a social security account num- year the coal mining industry recorded tion have left critical positions unfilled ber that was not the claimant’s number the highest fatality rate in 10 years: 47 at MSHA, incapacitating the Agency in which is an offense prohibited under section coal miners perished. Perished. They many respects. 208 of the Social Security Act (42 U.S.C. 408). died. Many of these coal miners per- During a recent meeting in my office, Mr. ENSIGN. Mr. President, ished in the terrible tragedies at the the Assistant Secretary for MSHA, in these—— Sago, Alma, and Darby Mines in West response to my request, described a Mr. BYRD. Mr. President, do I have Virginia and Kentucky. plan for MSHA to achieve 100 percent the floor? In response, the Congress passed the of the inspections required by the Mine The PRESIDING OFFICER. The Sen- MINER Act to help ensure better emer- Act. The plan would require many tens ator yielded for 2 minutes. gency preparedness in the coalfields, of thousands of overtime hours and the Mr. BYRD. Do I have the floor? such as the underground installation of transfer of inspectors from districts The PRESIDING OFFICER. The Sen- wireless communications and addi- across the country. ator has the right to recall the floor tional emergency breathing devices. I have been told that these additional but yielded 2 minutes. In order to fund these new mandates, measures would be sufficient to fill the Mr. BYRD. I will sit down because I and in order to ensure continued com- current gaps in the inspection sched- know I have the floor. pliance with already existing health ules, at least until new inspectors can The PRESIDING OFFICER. The Sen- and safety standards, the Senate Ap- be trained and are able to assume their ator from Nevada. propriations Committee recommended full responsibilities. Mr. ENSIGN. Mr. President, very $13 million above the President’s budg- Now the problem falls to the Con- briefly, I will keep this very short. The et request for the Mine Safety and gress. That is here. The problem falls first amendment deals with the total- Health Administration in the fiscal to the Congress to figure how to pay ization agreement the United States year 2008 budget. for this interim plan and how to fix and Mexico have been working on to- I also note that because the Presi- these very serious budget deficiencies gether. I think there is a severe prob- dent’s budget failed to do so in fiscal at MSHA.

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13044 CONGRESSIONAL RECORD — SENATE October 18, 2007 Even after the most horrific year of shall be reduced on a pro rata basis by the just wrote a bad check for it. We had mine fatalities in a decade, the Presi- percentage necessary to decrease the overall no way of paying for it. Was it for mod- dent’s budget request still does not in- amount of such spending by $10,000,000. est-income Americans or low-income clude adequate funds to enable MSHA Mr. BYRD. Madam President, it is Americans? Oh, no. Oh, no. It was for to conduct, in full, the most basic safe- my understanding that someone is anybody in America. You could be a ty inspection. needed on the other side of the aisle. I billionaire and participate in Medicare The President’s budget request—let can certainly appreciate that. I want Part D. me say that again. Our President’s to ask for the yeas and nays on my So let me see if I get this straight. budget request—let me say that amendment. We have one program that is not paid again—our President’s budget request I am advised by the able staff on the for that is 10 times more expensive does not even include the necessary other side that Senator SPECTER would than the Children’s Health Insurance funds to help MSHA comply with the agree to having the yeas and nays. I re- Program that is for wealthy people in mandates of the new MINER Act which quest the yeas and nays. America—and it is OK the year before the President signed into law. The PRESIDING OFFICER. Is there a the President stood for reelection, it is Today, I am offering an amendment sufficient second? OK with my Republican colleagues who that would add $10 million. Did you There appears to be a sufficient sec- voted against the Children’s Health In- hear that? It would add $10 million to ond. surance Program, it is OK with some of MSHA’s budget. These funds are nec- The yeas and nays were ordered. my colleagues from Missouri in Con- essary to enable MSHA both to com- Mr. BYRD. I thank the Chair. gress on the other side of this building plete the safety inspections required by The PRESIDING OFFICER. The Sen- who are voting to uphold the Presi- the law and also to implement the ator from Pennsylvania. dent’s veto today. They voted for Medi- mandates required by the MINER Act. (The remarks of Mr. CASEY and Mr. care Part D. The amendment would be fully offset SANDERS pertaining to the introduction So what is the difference? Why is one by a reduction in travel expenditures of S. 2191 are located in today’s RECORD program not fiscally irresponsible and for the departments and the agencies under ‘‘Statements on Introduced Bills inappropriate? But the program for funded in the underlying bill. It would and Joint Resolutions.’’) low-income children, why is it so bad? save lives. The funds enable MSHA to The PRESIDING OFFICER (Mr. Well, the devil is in the details. And support additional hours of overtime SALAZAR). The Senator from Missouri. the details in this instance are that the Mrs. MC for mine inspectors and specialists and CASKILL. Mr. President, I people who wanted Medicare Part D to pay for travel for inspectors tempo- ask unanimous consent to speak as in were the pharmaceutical companies rarily reassigned. morning business. and the insurance companies. It is esti- The PRESIDING OFFICER. Without In addition, this amendment enables mated they are going to make close to objection, it is so ordered. MSHA to hire additional support and $150 billion off Medicare Part D. That administrative staff and to designate CHIP is why this dog won’t hunt. Because education specialists to better train Mrs. MCCASKILL. Mr. President, we what this is about is the private insur- new mine inspectors. The amendment have a saying in some parts of Mis- ance companies and private drug com- would allow MSHA to begin to reduce souri, and I think it is a common say- panies making money. Then it is OK to its backlog of applications for certifi- ing in some rural parts of America: give the benefit to wealthy people and cation and approval of new safety tech- That dog won’t hunt. I rise today to to not have a way to pay for it. But if nologies. The amendment would spur speak a few minutes about the Presi- it is going to the children and nobody expeditious approval of a truly wireless dential veto of the Children’s Health is going to make any money off of it, communications and tracking system Insurance Program. then all of a sudden it is evil. that can meet the requirements of the Mr. President, that dog won’t hunt. No wonder the people of America are MINER ACT. All America has to do is look at the ra- outraged. No wonder our phones are As SAGO—SAGO, a terrible word be- tionale for the veto and look at the ringing off the hook. No wonder the cause of that terrible tragedy— tale of two programs—and that would Members of Congress who are willing Crandall Canyon, and too many other be T-A-L-E. to uphold this veto are feeling the recent mine disasters have made dead- The President says he is vetoing chil- heat. They ought to feel the heat. This ly clear, mine safety must not be fund- dren’s health care because it is too ex- is the right thing to do. We should be ed on the cheap. The Congress must pensive. It is a $35 billion expansion taking care of these children. It is the fund MSHA’s true budgetary needs, and over 5 years—an average of $7 billion a least we can do as Americans to face it must have the candid appraisal of year. The President says he is vetoing the health care crisis that we face the Department of Labor and the Mine the Children’s Health Insurance Pro- right now. Safety and Health Administration. Tell gram because it is providing health in- So I urge my colleagues from Mis- it to us straight. I say to them, tell it surance for wealthy families or fami- souri—especially those who are voting to us straight. Anything less is a lies who can afford health insurance on to sustain the President’s veto—to re- threat to the health and safety of our their own. consider because if you voted for Medi- miners. This is a President who is out of care D and you are saying this is a I send my amendment to the desk. touch. When a family of four making problem, you know what: America will The PRESIDING OFFICER. The around $50,000 is facing over $1,200 a figure that out. clerk will report. month in health insurance costs, that Thank you, Mr. President. The legislative clerk read as follows: is a crisis in our country, and one that The PRESIDING OFFICER. The Sen- the majority in Congress has recog- ator from Michigan is recognized. The Senator from West Virginia [Mr. nized. That is why we have prioritized Ms. STABENOW. Mr. President, first BYRD], for himself, Mr. SPECTER, and Mr. HARKIN, proposes an amendment numbered the children. This is a program for low- of all, I commend my colleague from 3362: income children, for modest-income Missouri for her wonderful comments At the appropriate place in title I, insert children, and it is important we give as it relates to health care. Also, as to the following: them this health insurance. The Presi- the bill in front of us, I thank the dis- SEC. ll. (a) In addition to amounts other- dent says it is too expensive. We pay tinguished Senator from Iowa for his wise appropriated under this Act, there is ap- for it. It is a novel concept around here passionate commitment to the right propriated, out of any money in the Treas- that we are paying for it. things as it relates to the values and ury not otherwise appropriated, an addi- Now, let’s dial back the calendar a priorities for our families: health care, tional $10,000,000 for necessary expenses for few years and look at Medicare Part D. education, and focusing on things that salaries and expenses of the Mine Safety and Was it expensive? Yee howdy, was it Health Administration. really matter to families every day. (b) Amounts made available under this Act expensive. Try $710 billion over 10 I specifically come to the floor, for travel expenses for the Department of years—an average of $70 billion a year. though, because we just saw a vote in Labor, the Department of Health and Human Was there a way to pay for it? Abso- the House of Representatives that was Services, and the Department of Education lutely not. No way to pay for it. We just completed regarding the children’s

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13045 health care legislation. Unfortunately, the distinguished Chair knows, even in say: This is about the kids. Just keep it fell short of the override we need to looking at the issue of documented or focused on the kids. And because we have happen in order to be able to pro- undocumented immigrants, even those did that in this Chamber, we came up vide health insurance for 10 million who are here legally were asked to— with something we can all be very children in America—10 million chil- were basically put in a position not to proud of. dren of working families who are work- be able to receive children’s health The American people want to know ing very hard. They don’t want to be on care help. that we reward work in this country public assistance and Medicaid so that So to be able to address all of this and that we understand that families their children can get coverage; they misinformation that is out there, there who are desperately concerned about want to work. They are working, but is a real issue about that which needs health care for their children ought to they are not in a position to be able to to be fixed. So we have seen lack of in- be able to have a right to be able to afford private health care coverage and formation, misinformation, and more purchase an affordable policy that will they don’t have it at work. So we are, that has gone on with this proposal. In allow them to have their children get through the children’s health care pro- the short term, it seems to have the health care they need. gram, rewarding work and rewarding worked, but it will not work in the So I appreciate our distinguished the families of America who want to long run because the reality is this is chairman of the Appropriations sub- make sure their children have health the right thing to do. It was passed 10 committee allowing me to speak. I am insurance. years ago by a Democratic President deeply disappointed, along with people It is my understanding that there and a Republican Congress. I remember all across America, at the vote that was just a vote that fell short. There that debate. I was in the House of Rep- just happened. But we are not done. were 273 colleagues in the House of resentatives at the time in 1997. This Ten million children and their families Representatives—and I commend every was a positive step forward to support are counting on us, and we are not one of them. families working hard every day, try- going to stop until they have the All of those who have worked so hard ing to make sure they can put food on health care they need. on both sides of the aisle in the House the table, pay the mortgage, buy the I yield the floor. and the Senate should be commended school clothes, and then have chil- The PRESIDING OFFICER. The Sen- again. Certainly, our leader, Senator dren’s health care, have health care for ator from Iowa is recognized. REID, the Speaker, Senator BAUCUS, their children, maybe be able to take Mr. HARKIN. Mr. President, I wish to Senator GRASSLEY, Senator ROCKE- them to the dentist so they don’t end thank the Senator from Michigan for FELLER, Senator HATCH—all of our bi- up with an abscessed tooth and the out- her very eloquent and very timely partisan colleagues should be thanked rageous situation that happened with a statement on what just happened in for their efforts one more time. child who died whom we all read about the House. I guess it just transpired a I come to the floor to say that we are in the paper. little while ago. I think probably all of not done. We are not done. The people This is about moral values, prior- us were hoping that somehow the Mem- of this country are appalled at the lack ities. When this President now comes bers of the other body would come to of understanding of what average fami- to us asking for another $200 billion for realize this had broad support across lies are going through today. This a war that is not paid for, that is put- the country—the SCHIP bill—and the President will be shortly asking us to ting brave American men and women fact that the $35 billion we had in there approve another $200 billion for the war in the middle of a civil war in Iraq over 5 years was something that is in Iraq—that will be paid for by our every day, I want to have him answer sorely needed. I think we were all hop- children, by the way, because it is not the question: Why? ing this would pass. So when I just paid for; it goes on the national deficit, Why, Mr. President, is it all right to heard the Senator from Michigan say it so our children and grandchildren will add $200 billion more to the debt and failed by only getting 273 votes—we be paying for it—but says no to a pro- ask our children and grandchildren to need 290 in the House to override a gram that is fully paid for, that invests pay for it, yet you are not willing to veto—that is a shame because it is ob- $7 billion a year in making sure the stand with the children of America, 10 vious that we here in the Senate have children of America have health insur- million children in America who are the votes to override a veto. ance. Seven billion dollars versus $200 counting on us to be able to make sure So what can I say? Seventeen people billion, on top of another half a trillion they can get basic health care? There prevented this from becoming law and dollars that has already been spent, on is something fundamentally wrong from providing the health care our a war the American people want to with this. children need in this country—children stop as it is currently constituted. I urge colleagues to join with us. We of working parents. Mostly these are They want to change that mission and are not going to stop until this is ad- people who are a working parent or focus on things that will certainly keep dressed because it is the right thing to parents, they are contributing to soci- us safer. do from a moral standpoint, and from a ety, they are taxpaying individuals, So I come to the floor to, first of all, fiscal standpoint it is the right thing but they simply don’t have enough commend everyone who has been in- to do. money to buy the kind of health insur- volved to this point. I am very proud to When children can’t go to the doctor, ance they need to cover their kids. So be a member of the Finance Com- their family can only use the emer- this really is a slap in the face to the mittee, where we worked very hard to gency room or the child gets sicker middle class in America, the middle- put together a bipartisan agreement. than they otherwise would because class people who are struggling to But we are not done. This is a main- they only have the emergency room to make ends meet and trying to provide stream program supported by the go to. They can’t go to a doctor. The a good education for their kids, maybe broadest possible coalition you could hospital pays, and then who picks up trying to put something away for a have, from the business community the tab? Every business that has health rainy day or for retirement, and they and the large pharmaceutical compa- insurance. So from a practical eco- just don’t have the money for health nies to Families USA and to organized nomic standpoint, it makes sense. Cer- insurance. The Senator from Michigan labor and child advocates and health tainly from a moral standpoint, it is so right. care organizations. This is main- makes sense. I don’t mind if the President is op- stream. This is the broadest possible I think this is one of the proudest posed to this, but I think he has an ob- coalition. Unfortunately, I regret to moments we have had in the Senate, of ligation to speak truthfully to the say it has been defeated by misin- people of diverse backgrounds and phi- American people. When he came out formation presented by folks who losophies coming together, putting the yesterday—I think it was just yester- think that if they repeat long enough ideology at the door, and saying: You day I heard this—he said: Well, it that somehow this covers people mak- know what, this is about children. I would cover kids with families earning ing $83,000 a year or repeat long enough don’t know how many times I heard up to $83,000 a year. Well, that is just that illegal immigrants are covered, the chairman of the Finance Com- simply not factually true. It would be that it somehow makes it true. Now, as mittee, the distinguished chairman, if he signed it—I mean, it is up to the

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13046 CONGRESSIONAL RECORD — SENATE October 18, 2007 President to approve or not approve AMENDMENT NO. 3368 teria. So, again, Senator SPECTER, KEN- those. So is he saying that if the bill Mr. HARKIN. Mr. President, at this NEDY, and I wanted to introduce this to went through, he would approve it? time, I ask unanimous consent that the let the public know we are trying to That doesn’t make sense. So that was pending amendment be set aside and I get on top of it. Hopefully, we will have disingenuous on his part. Also, as the send an amendment to the desk. hearings with the CDC soon to find out Senator from Michigan pointed out, The PRESIDING OFFICER. Without what they are doing. that somehow this would cover immi- objection, it is so ordered. This amendment would increase ac- grant children, that is absolutely for- The clerk will report. tivities in hospitals and other health bidden in the bill. The legislative clerk read as follows: care settings, aimed at preventing the So I thank the Senator from Michi- The Senator from Iowa [Mr. HARKIN], for spread of this deadly bacteria. So I will gan for her long efforts in this regard himself, Mr. KENNEDY, and Mr. SPECTER, pro- leave it there. as a member of the Finance Com- poses an amendment numbered 3368. Mr. President, I ask unanimous con- mittee, as well as the occupant of the The amendment is as follows: sent to have printed in the RECORD at chair, who I know is a member of the (Purpose: To provide funding for activities to this point an article that appeared Finance Committee and who also has reduce infections from methicillin-resist- today on Washingtonpost.com regard- worked very hard to reach a com- ant staphylococcus aureus (MRSA) and re- ing this MRSA. promise, a bipartisan agreement on lated infections) There being no objection, the mate- this bill to send it to the President. All On page 50, line 5, insert before the period rial was ordered to be printed in the I can say is, when people ask me now the following: ‘‘: Provided further, That RECORD, as follows: what are we going to do, well, what we $5,000,000 shall be for activities to reduce in- [From the Washington Post Oct. 17, 2007.] fections from methicillin-resistant staphy- are going to do is we are going to try DRUG-RESISTANT STAPH GERM’S TOLL IS lococcus aureus (MRSA) and related infec- to do something to move this forward. HIGHER THAN THOUGHT tions’’. We can’t just sit back and say that be- (By Rob Stein) Mr. HARKIN. Mr. President, I offer cause of 17 people we can’t move ahead. A dangerous germ that has been spreading So I think most of us who feel very this amendment on behalf of myself, around the country causes more life-threat- strongly about the Children’s Health Senator SPECTER, and Senator KEN- ening infections than public health authori- Insurance Program are going to do ev- NEDY. We have seen, in the last 24 ties had thought and is killing more people erything we can between now and the hours or so, horrific stories come out in the United States each year than the time we adjourn to get this back up about this new bacteria that is invul- AIDS virus, federal health officials reported and try to get it to the President, and nerable to our first line of antibiotics. yesterday. It is a dangerous germ and it is spread- The microbe, a strain of a once innocuous hopefully by then there will be enough staph bacterium that has become invulner- momentum behind it that he will sign ing all over the country. able to first-line antibiotics, is responsible it. But I don’t think we should just sit There was a story in the paper this for more than 94,000 serious infections and back and let it linger. morning about cases nearby here. A nearly 19,000 deaths each year, the Centers So I thank the Senator from Michi- teenager died recently in Bedford for Disease Control and Prevention cal- gan for all of her strong support for the County, VA, because of methicillin-re- culated. SCHIP bill. sistant staphylococcus, or MRSA. As of Although mounting evidence shows that the infection is becoming more common, the AMENDMENT NO. 3362 yesterday, Montgomery County schools had 14 cases, Anne Arundel County had estimate published today in the Journal of Mr. President, turning back now to the American Medical Association is the this bill in front of us, the chairman of 1 reported MRSA infection. They have first national assessment of the toll from the the full Appropriations Committee, the received 57 reports from parents about insidious pathogen, officials said. President pro tempore of the Senate, other possible cases. Two cases have ‘‘This is a significant public health prob- Senator BYRD, had offered an amend- been confirmed at Wild Lake High lem. We should be very worried,’’ said Scott ment on MSHA, the Mine Safety School in Howard County. So some- K. Fridkin, a medical epidemiologist at the thing is going on. CDC. Health Administration, to provide an Other researchers noted that the estimate additional $10 million for that. It was Some of these schools are trying to includes only the most serious infections fully offset by a reduction of $10 mil- clean up. We have one here, where the caused by the germ, known as methicillin-re- lion in travel expenses for the Depart- Rappahannock County School System sistant Staphylococcus aureus (MRSA). ment of Labor, the Department of finished a comprehensive cleaning of ‘‘It’s really just the tip of the iceberg,’’ Health and Human Services, and the its two campuses, and the cost was said Elizabeth A. Bancroft, a medical epi- Department of Education. I am proud more than $10,000. That is one cost. The demiologist at the Los Angeles County De- partment of Public Health who wrote an edi- to be a cosponsor of that amendment. cost in human life and suffering is growing. torial in JAMA accompanying the new stud- Our subcommittee held two hearings ies. ‘‘It is astounding.’’ on MSHA this year. What we learned is We all are very concerned—and right- MRSA is a strain of the ubiquitous bac- they still don’t have two-way commu- fully so—about the number of people terium that usually causes staph infections nication and tracking technology that losing their lives to the AIDS virus that are easily treated with common, or would operate after an accident in an every year. But the fact is more people first-line, antibiotics in the penicillin fam- underground coal mine. Other coun- are dying because of this staphy- ily, such as methicillin and amoxicillin. Re- tries seem to do quite well in that—Po- lococcus than they are of AIDS. MRSA sistant strains of the organism, however, was calculated with striking 31.8 out of have been increasingly turning up in hos- land, Australia—other countries seem pitals and in small outbreaks outside of to be able to do that, but we can’t. 100,000 Americans, which translates heath-care settings, such as among athletes, MSHA has been dragging its feet on into 94,360 cases and 18,650 deaths na- prison inmates and children. this for a long time. tionwide a year. In comparison, com- On Monday, Ashton Bonds, 17, of Lynch Our inspector force has been growing plications from the AIDS virus killed Station, Va., succumbed to MRSA, prompt- over the last couple of years, again about 12,500 Americans last year. ing officials to shut down 21 Bedford County thanks to Senator BYRD, who in the So what is happening is that this mi- schools today for cleaning to prevent further 2006 supplemental put in $25 million to crobe is spreading. The Centers for Dis- infections. The infection had spread to ease Control and Prevention have cal- Bonds’s kidneys, liver, lungs and the muscle train and to equip the inspectors. But around his heart. even with that, MSHA still is not capa- culated about 19,000 deaths a year. So, The MRSA estimate is being published ble of conducting 100 percent of the in- again, it seems to me we need to pay with a report that a strain of another bac- spections in our Nation’s coal mines. some attention to this and we need to terium, which causes ear infections in chil- That 100 percent is required. That is a respond to it as rapidly as possible. dren, has become impervious to every ap- requirement. Yet they still can’t do it. This amendment basically says they proved antibiotic for youngsters. This is something I think is sorely shall spend a minimum of $5 million— ‘‘Taken together, what these two papers show is that we’re increasingly facing anti- needed. I support it, and I hope the take $5 million out now to focus on biotic-resistant forms of these very common Senate will adopt the Byrd amendment identifying and containing and trying organisms,’’ Bancroft said. to the Mine Safety and Health Admin- to hold down the spread of this terrible The reports underscore the need to develop istration. bacteria. It is not a virus, it is a bac- new antibiotics and curb the unnecessary use

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13047 of those already available, experts said. They I yield the floor at this time. ever more anxious about this health should also alert doctors to be on the look- The PRESIDING OFFICER. The Sen- threat. Also alarming are the statistics out for antibiotic-resistant infections so pa- ator from New Jersey is recognized. on another health problem in our coun- tients can be treated with the few remaining Mr. LAUTENBERG. Mr. President, I try. We have the highest rate of teen effective drugs before they develop serious ask unanimous consent that the pend- complications, experts said. pregnancy in the industrialized world. MRSA, which is spread by casual contact, ing amendment be laid aside so I might America sees 19 million cases of sexu- rapidly turns minor abscesses and other skin call up an amendment. ally transmitted diseases, and almost infections into serious health problems, in- The PRESIDING OFFICER. Without half of them strike young people. That cluding painful, disfiguring ‘‘necrotizing’’ objection, it is so ordered. is why Senator SNOWE from Maine and abscesses that eat away tissue. The infec- AMENDMENT NO. 3350 I are offering an amendment to make tions can often still be treated by lancing Mr. LAUTENBERG. I call up amend- sure our young people get the truth and draining sores and quickly admin- ment No. 3350, which is at the desk. about their health, so they don’t be- istering other antibiotics, such as bactrim. But in some cases the microbe gets into the The PRESIDING OFFICER. The come one of these statistics. America’s lungs, causing unusually serious pneumonia, clerk will report. young people should expect the truth or spreads into bone, vital organs and the The legislative clerk read as follows: from their doctor, they should expect bloodstream, triggering life-threatening The Senator from New Jersey [Mr. LAU- it from their parents, and they cer- complications. Those patients must be hos- TENBERG], for himself and Ms. SNOWE, pro- tainly should expect it from a govern- pitalized and given intensive care, including poses an amendment numbered 3350. ment-funded program. We cannot ex- intravenous antibiotics such as vancomycin. Mr. LAUTENBERG. Mr. President, I pect young people to make life-chang- In the new study, Fridkin and his col- ask unanimous consent that reading of leagues analyzed data collected in Cali- ing decisions if they get the wrong in- fornia, Colorado, Connecticut, Georgia, the amendment be dispensed with. formation from the Government. We Maryland, Minnesota, New York, Oregon and The PRESIDING OFFICER. Without have a responsibility to give them the Tennessee, identifying 5,287 cases of invasive objection, it is so ordered. most accurate information available MRSA infection and 988 deaths in 2005. The The amendment is as follows: when communicating with them. researchers calculated that MRSA was strik- (Purpose: To prohibit the use of funds to pro- Right now, the Federal Government ing 31.8 out of every 100,000 Americans, which vide abstinence education that includes in- is falling down on the job. We have translates to 94,360 cases and 18,650 deaths formation that is medically inaccurate) nationwide. In comparison, compliions from given out hundreds of millions of dol- At the appropriate place, insert the fol- lars for abstinence-only education. The the AIDS virus killed about 12,500 Americans lowing: in 2005. ‘‘This indicates these life-threat- SEC. ll. None of the funds made avail- fact of the matter is these programs ening MRSA infections are much more com- able in this Act may be used to provide ab- are not successful. If we are going to mon than we had thought,’’ Fridkin said. stinence education that includes information spend as much as a dime on them, we In fact, the estimate makes MRSA much that is medically inaccurate. For purposes of must be good stewards of the people’s more common than flesh-eating strep infec- this section, the term ‘‘medically inac- tax dollars and make sure the informa- tions, bacterial pneumonia and meningitis curate’’ means information that is unsup- combined, Bancroft noted. tion being given out is complete and ported or contradicted by peer-reviewed re- truthful. Yet we have found case after ‘‘These are some of the most dreaded search by leading medical, psychological, invasive bacterial diseases out there,’’ she psychiatric, and public health publications, case of incorrect and potentially harm- said. ‘‘This is clearly a very big deal.’’ organizations and agencies. ful information being taught in these The infection is most common among Afri- programs. Mr. LAUTENBERG. Mr. President, can Americans and the elderly, but also com- In 2004, a report found that of the 13 monly strikes very young children. before I speak on my amendment, I ‘‘We see these cases all the time,’’ said offer my personal thanks to Senators most common federally funded absti- Robert S. Daum, a pediatric infectious-dis- HARKIN and SPECTER for their hard nence programs, 11 have unproven ease specialist at the University of Chicago. work in putting together an excellent claims and basic scientific errors. In ‘‘In the last five weeks, I’ve taken care of bill. It puts more resources, in par- fact, the office in the Department of five children who were sick enough to be hos- ticular, into the well-being of our most Health and Human Services in charge pitalized and require intensive care.’’ precious asset: our children. of these programs doesn’t even bother Studies have shown that hospitals could do to check whether they are providing more to improve standard hygiene to reduce I was pleased to join Senator HARKIN the spread of the infection. Individuals can and Senator SPECTER as a member of accurate medical or scientific informa- reduce their risk through common-sense the subcommittee in providing more of tion. It is time to change this policy. measures, such as frequent handwashing. the resources needed for health and Young people have a right to complete In the second paper, Michael E. Pichichero education programs that have been and accurate information that protects and Janet R. Casey of the University of shortchanged by this administration their health and may save their lives. Rochester in New York documented the over the last several years. The amendment Senator SNOWE and I emergence of an antibiotic-resistant strain The best part of this bill is that we of another bacterium known as Strepto- are offering would make sure they get coccus pneumoniae, which causes common have a chance to help children live it right. Our amendment says Federal ear infections. Although 11 children identi- longer, healthier, and more productive money is not to be spent on inaccurate fied in the Rochester area with the microbe lives. The worst part of it is that, de- and deceptive information. Millions of so far were successfully treated, five respite all of its benefits, the President children in New Jersey and across this quired an antibiotic approved only for said he intends to veto the bill. country deserve no less. adults, and one child was left with perma- This bill increases Head Start fund- nent hearing loss. We have seen misstatements made ing by $200 million. Today in New Jer- about the failures of contraception. The researchers attributed the emergence sey, more than 14,000 children depend of the strain to a combination of the overuse What does that mean? It means dis- of antibiotics and the introduction of a vac- on Head Start for their early edu- eases are more likely to be trans- cine that protects against the infection. cation. This bill also recognizes grow- mitted. It also means the number of ‘‘The use of the vaccine created an ecologi- ing concerns about the terrible condi- teen pregnancies could increase based cal vacuum, and that combined with exces- tions of autism. It is a growing prob- on misinformation. sive use of antibiotics to create this new lem. Studies have shown that 1 in 94 The Senate had approved this amend- superbug,’’ Pichichero said. children in New Jersey will be born ment in the 2006 appropriations bill. I Mr. HARKIN. Mr. President, for the with or carry autism in their lives. hope and urge that we pass it again knowledge of other Senators, we are From 1991 to 2005, the number of cases this year. What is more, I commend the trying to reach an agreement to get to diagnosed as autistic went from 234 in leadership of this committee, Senators a series of votes. We don’t quite have it 1991 to 7,400 cases in 2005, a mere 15 HARKIN and SPECTER, for constructing yet, but hopefully in the next few min- years. To see an increase such as this a bill that is going to help our young utes we will agree to have a series of must be paid attention to. These num- children better off in their lives. votes starting fairly soon. bers are alarming. With that, I see my friend, the distin- I congratulate our committee for this Mr. President, I yield the floor. guished Senator from New Jersey on welcome addition for funding autism The PRESIDING OFFICER. The Sen- the floor. detection. Families across America are ator from Iowa.

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13048 CONGRESSIONAL RECORD — SENATE October 18, 2007 Mr. HARKIN. Mr. President, I thank I rise today to offer an amendment lation to the Brown amendment No. my friend and colleague from New Jer- that I truly believe will have a positive 3348; that upon the disposition of that sey for his amendment. Senator SPEC- effect on the quality of life for many amendment, the Senate vote in rela- TER and I had put into the bill a prohi- hard-working American families. Ac- tion to the Kyl amendment No. 3321; bition on abstinence-only programs cess to childcare is essential to the that there be 2 minutes for debate providing information that is medi- quality of life of families trying to bal- equally divided in the usual form prior cally inaccurate. Again, this is the ance both work and family. to each vote and that no other amend- beauty of having issues such as this Earlier this year, S. 228, my small ments be in order prior to these votes. come to the floor. Senator LAUTENBERG business childcare grant program, was Mr. ROBERTS. Mr. President, we and Senator SNOWE have offered a sug- incorporated into and passed as part of have no objection to the Senator’s re- gestion to tighten down on that provi- the supplemental spending bill. I thank quest. sion and actually make it more mean- Senators KENNEDY and DODD for work- The PRESIDING OFFICER. Without ingful. ing with me to secure this authoriza- objection, it is so ordered. This is what the amendment says: tion. This truly was a bipartisan effort. Mr. HARKIN. Mr. President, Sen- For purposes of this section, the term My amendment today provides the ators should be alerted that beginning ‘‘medically inaccurate’’ means information funding for this program so that we at 2:30 p.m., there will be a series of that is unsupported or contradicted by peer- can make a difference for American four votes. I do not ask for consent reviewed research by leading medical, psy- families. now, but I will after the first vote, that chological, psychiatric, and public health Unfortunately, our small businesses the other three votes be 10-minute publications, organizations and agencies. generally do not have the resources re- votes. So there will be four votes start- That clarifies the intent of the quired to start up and support a ing at 2:30 p.m. amendment. I thank Senator LAUTEN- childcare center. The small business Mr. President, I have a slight change BERG for the amendment, and I intend childcare grant program provides flexi- in that unanimous consent agreement. to support it. ble short-term funding to encourage It has been cleared. That the first vote Hopefully, we are going to have small businesses to work together or at 2:30 p.m. will be my amendment No. clearance soon to begin a series of with other local organizations to pro- 3368; that following that amendment, it votes. We do not have that agreement vide childcare services for their em- will be Senator BYRD’s amendment No. yet, but we hope in the next 15 minutes ployees. 3362, and the rest as stated earlier. we will begin a series of four votes. We Small businesses will be eligible for The PRESIDING OFFICER. Without don’t have that agreement yet. Hope- grants up to $500,000 for startup costs objection, it is so ordered. fully, we will have that cleared pretty and for training, for scholarships, and Mr. HARKIN. Mr. President, I ask soon. In the meantime, I suggest the other related activities. Grants will be that Senator SNOWE and Senator absence of a quorum. given to States on a competitive basis ROCKEFELLER be added as cosponsors of The PRESIDING OFFICER. The with the grant amount to be deter- the amendment I offered on MRSA. clerk will call the roll. mined by the population of the State. The PRESIDING OFFICER. Without The assistant legislative clerk pro- Priority will be given to grantees who objection, it is so ordered. Mr. HARKIN. Mr. President, I sug- ceeded to call the roll. work with other small businesses, large Mr. ROBERTS. Mr. President, I ask gest the absence of a quorum. businesses, nonprofit agencies, local The PRESIDING OFFICER. The unanimous consent that the order for governments, or other appropriate en- the quorum call be rescinded. clerk will call the roll. tities to provide childcare in an under- The assistant legislative clerk pro- The PRESIDING OFFICER. Without served geographical area of the State. ceeded to call the roll. objection, it is so ordered. The grantees will be required to Mr. HARKIN. Mr. President, I ask AMENDMENT NO. 3365 TO AMENDMENT NO. 3325 match Federal funds to encourage self- unanimous consent that the order for Mr. ROBERTS. Mr. President, I call sustaining facilities well into the fu- the quorum call be rescinded. up the Roberts amendment No. 3365. ture—50 percent for the first year, 67 The PRESIDING OFFICER. Without The PRESIDING OFFICER. Is there percent for the second year, 75 percent objection, it is so ordered. objection to setting aside the pending for the third year. The Secretary is re- AMENDMENT NO. 3368 amendment? Without objection, it is so quired to report to Congress in 2-year The PRESIDING OFFICER. The ordered. The clerk will report the and 4-year intervals on the effective- question is on the amendment offered amendment. ness of the program, and the program by the Senator from Iowa. The assistant legislative clerk read will sunset in 2012. Mr. HARKIN. Mr. President, the first as follows: It seems to me this is a fiscally re- amendment will be my amendment, The Senator from Kansas [Mr. ROBERTS] sponsible approach to increasing access and I have not asked for the yeas and proposes an amendment numbered 3365 to to childcare. The matching require- nays as yet, so I now ask for the yeas amendment No. 3325. ment, paired with the program and the and nays. The amendment is as follows: sunset, will ensure that Federal funds The PRESIDING OFFICER. Is there a (Purpose: To fund the small business child are used in an efficient and targeted sufficient second? There is a sufficient care grant program) manner. second. This program has been authorized at At the appropriate place, insert the fol- All time is yielded back, and the lowing: $50 million over 5 years. My amend- question is on agreeing to amendment SEC. ll. SMALL BUSINESS CHILD CARE GRANT ment appropriates only $5 million for No. 3368. The clerk will call the roll. PROGRAM. fiscal year 2008. The assistant legislative clerk called For carrying out the small business child I urge support for this amendment to the roll. care grant program under section 8303 of the help ease the burden on working fami- Mr. DURBIN. I announce that the U.S. Troop Readiness, Veterans’ Care, lies by encouraging the development of Senator from Delaware (Mr. BIDEN), Katrina Recovery, and Iraq Accountability small business childcare programs. the Senator from New York (Mrs. CLIN- Appropriations Act, 2007 (42 U.S.C. 9858 note) The PRESIDING OFFICER. The Sen- TON), the Senator from Connecticut $5,000,000, to remain available until ex- ator from Iowa. (Mr. DODD), the Senator from Massa- pended. Each amount otherwise appropriated Mr. HARKIN. Mr. President we now in this Act for administrative expenses for chusetts (Mr. KENNEDY), and the Sen- the Department of Labor, Department of have clearance for a series of votes. ator from Illinois (Mr. OBAMA) are nec- Health and Human Services, and Department I ask unanimous consent that the essarily absent. of Education shall be reduced on a pro rata Senate vote in relation to Senator I further announce that if present basis by the amount necessary to provide the BYRD’s amendment No. 3362 at 2:30 and voting the Senator from Massachu- amount referred to in the preceding sen- p.m.; that upon disposition of that setts (Mr. KENNEDY) would vote ‘‘yea.’’ tence. amendment, the Senate vote in rela- Mr. LOTT. The following Senators Mr. ROBERTS. I thank the Presiding tion to Senator HARKIN’s amendment are necessarily absent: the Senator Officer and the expert staff we have No. 3368; that upon the disposition of from Arizona (Mr. MCCAIN) and the working for us. that amendment, the Senate vote in re- Senator from Virginia (Mr. WARNER).

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13049 The PRESIDING OFFICER. Are there Mr. BYRD. Mr. President, I also ask The PRESIDING OFFICER. The any other Senators in the Chamber de- unanimous consent that Senator WEBB question is on amendment No. 3348 of- siring to vote? be added as a cosponsor. fered by the Senator from Ohio, Mr. The result was announced—yeas 90, The PRESIDING OFFICER. Without BROWN. There are 2 minutes equally di- nays 3, as follows: objection, it is so ordered. vided between both sides. [Rollcall Vote No. 374 Leg.] The Senator from Pennsylvania is Who yields time? YEAS—90 recognized. Mr. BROWN. Madam President, I Akaka Dorgan McConnell Mr. SPECTER. Mr. President, I be- would like to be notified when a half Alexander Durbin Menendez lieve this is a very worthwhile amend- minute is gone so I can yield the other Allard Ensign Mikulski ment for a very important cause for 30 seconds to Senator VOINOVICH. Barrasso Enzi Murkowski mine safety. I urge my colleagues to Baucus Feingold Murray The PRESIDING OFFICER. The Sen- Bayh Feinstein Nelson (FL) support it. ator from Ohio controls 1 minute. Bennett Graham Nelson (NE) The PRESIDING OFFICER. Who Mr. BROWN. I ask unanimous con- Bingaman Grassley Pryor yields time in opposition? Is time sent that Senators LIEBERMAN and Bond Gregg Reed Boxer Hagel Reid yielded back? Without objection, it is WHITEHOUSE be added as cosponsors of Brown Harkin Roberts so ordered. Time is yielded back. the amendment. Brownback Hatch Rockefeller The yeas and nays have previously The PRESIDING OFFICER. Without Bunning Hutchison Salazar been ordered. Burr Inouye Sanders objection, it is so ordered. Byrd Isakson Schumer The question is on agreeing to the Mr. BROWN. This important bipar- Cantwell Johnson Sessions amendment. tisan amendment, offered by Senators Cardin Kerry Shelby The clerk will call the roll. VOINOVICH, LIEBERMAN, and WHITE- Carper Klobuchar Smith The legislative clerk called the roll. HOUSE, would provide $2 million in Casey Kohl Snowe Mr. DURBIN. I announce that the Chambliss Kyl Specter paid-for funding for the Underground Cochran Landrieu Stabenow Senator from Delaware (Mr. BIDEN), Railroad Educational and Cultural Pro- Coleman Lautenberg Stevens the Senator from New York (Mrs. CLIN- gram. It is administered by the Depart- Collins Leahy Sununu TON), the Senator from Connecticut Conrad Levin Tester ment of Education to research, display, Corker Lieberman Thune (Mr. DODD), the Senator from Massa- interpret, and collect artifacts relating Cornyn Lincoln Vitter chusetts (Mr. KENNEDY), and the Sen- to the history of the Underground Rail- Craig Lott Voinovich ator from Illinois (Mr. OBAMA) are nec- road. Senators ALEXANDER, COCHRAN, Crapo Lugar Webb essarily absent. Dole Martinez Whitehouse ISAKSON, LEVIN, and I offered a similar Domenici McCaskill Wyden I further announce that if present reauthorization bill that this amend- and voting, the Senator from Massa- NAYS—3 ment is taken from. I ask for the sup- chusetts (Mr. KENNEDY) would vote Coburn DeMint Inhofe port of my colleagues for the amend- ‘‘yea.’’ ment. NOT VOTING—7 Mr. LOTT. The following Senators The PRESIDING OFFICER. Who Biden Kennedy Warner are necessarily absent: the Senator yields time in opposition? Clinton McCain from Arizona (Mr. MCCAIN) and the Dodd Obama Mr. STEVENS. I yield back the time. Senator from Virginia (Mr. WARNER). The PRESIDING OFFICER. Without The amendment (No. 3368) was agreed The PRESIDING OFFICER (Ms. KLO- objection, it is so ordered. to. BUCHAR.) Are there any other Senators The Senator from Ohio. Mr. HARKIN. Mr. President, I move in the Chamber desiring to vote? to reconsider the vote. Mr. VOINOVICH. Madam President, The result was announced—yeas 89, the Underground Railroad is an edu- Mr. LEAHY. I move to lay that mo- nays 4, as follows: tion on the table. cational cultural program that we have [Rollcall Vote No. 375 Leg.] as a grant from the Department of The motion to lay on the table was YEAS—89 agreed to. Education for the purpose of making The PRESIDING OFFICER. The Sen- Akaka Dorgan Menendez known to children all over America the Alexander Durbin Mikulski history of the Underground Railroad ator from Nevada is recognized. Allard Ensign Murkowski Mr. REID. Mr. President, I ask unan- Barrasso Enzi Murray and of the Civil War. It also is a pro- imous consent on the subsequent three Baucus Feingold Nelson (FL) gram that is aimed at diversity train- Bayh Feinstein Nelson (NE) ing that is so necessary. I urge my col- votes they be 10 minutes in length. Bennett Graham The PRESIDING OFFICER. Without Pryor leagues to support the amendment. Bingaman Grassley Reed objection, it is so ordered. Bond Gregg Reid The PRESIDING OFFICER. Time has Boxer Hagel AMENDMENT NO. 3362 Roberts expired. Brown Harkin Rockefeller The question is on agreeing to The PRESIDING OFFICER. The Brownback Hatch Salazar Bunning Hutchison amendment No. 3348. question is on agreeing to the Byrd Sanders Burr Inouye Mr. BROWN. I ask for the yeas and amendment. There are 2 minutes for Schumer Byrd Isakson nays. debate, evenly divided. Cantwell Johnson Sessions The Senate will be in order. Cardin Kerry Shelby The PRESIDING OFFICER. Is there a The Senator from West Virginia is Carper Klobuchar Smith sufficient second? Casey Kohl Snowe There appears to be a sufficient sec- recognized. Specter Mr. BYRD. Mr. President, my amend- Chambliss Landrieu ond. Coburn Lautenberg Stabenow ment would add $10 million to the Cochran Leahy Stevens The clerk will call the roll. budget for the Mine Safety and Health Coleman Levin Sununu The assistant legislative clerk called Administration. These funds would en- Collins Lieberman Tester the roll. Conrad Lincoln Thune Mr. DURBIN. I announce that the able MSHA to complete safety inspec- Corker Lott Vitter tions and to implement the MINER Craig Lugar Voinovich Senator from Delaware (Mr. BIDEN), Act. The amendment is fully offset by Crapo Martinez Webb the Senator from New York (Mrs. CLIN- a reduction in travel expenditures for Dole McCaskill Whitehouse TON), the Senator from Connecticut Domenici McConnell Wyden the Departments funded in the under- (Mr. DODD), the Senator from Massa- lying bill. NAYS—4 chusetts (Mr. KENNEDY), and the Sen- This amendment is cosponsored by Cornyn Inhofe ator from Illinois (Mr. OBAMA) are nec- the managers of the bill, Senators HAR- DeMint Kyl essarily absent. KIN and SPECTER. NOT VOTING—7 I further announce that, if present I ask unanimous consent that Sen- Biden Kennedy Warner and voting, the Senator from Massa- ator MCCONNELL also be added as a co- Clinton McCain chusetts (Mr. KENNEDY), would vote sponsor. Dodd Obama ‘‘yea.’’ The PRESIDING OFFICER. Without The amendment (No. 3362) was agreed Mr. LOTT. The following Senators objection, it is so ordered. to. are necessarily absent: the Senator

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13050 CONGRESSIONAL RECORD — SENATE October 18, 2007 from Arizona (Mr. MCCAIN) and the funds that would help the children and Casey Kohl Pryor Clinton Lautenberg Reed Senator from Virginia (Mr. WARNER). the pregnant women to whom this $1 Conrad Leahy Reid The PRESIDING OFFICER. Are there million would otherwise go. Dorgan Levin Rockefeller any other Senators in the Chamber de- As to jobs, every one of us could Durbin Lieberman Salazar siring to vote? spend $1 million in our States to help Feinstein Lincoln Sanders Harkin Menendez Schumer The result was announced—yeas 81, create jobs. But to justify this on the Inouye Mikulski Stabenow nays 12, as follows: basis of it being a job-creation program Johnson Murray Tester [Rollcall Vote No. 376 Leg.] goes too far. The unemployment rate Kerry Nelson (FL) Whitehouse Klobuchar Nelson (NE) Wyden YEAS—81 in this county, I am told, is less than NAYS—52 Akaka Durbin Menendez the average nationwide. Alexander Enzi Mikulski So let’s strike a blow for priorities. Alexander DeMint Martinez Barrasso Feingold Murkowski Let the American taxpayer know we Allard Dole McCaskill Barrasso Domenici Baucus Feinstein Murray are willing to at least start somewhere McConnell Bayh Graham Nelson (FL) Bayh Ensign Murkowski Bennett Grassley Nelson (NE) to save their money and not waste it Bennett Enzi Roberts Bingaman Hagel Pryor on the Woodstock museum. Bond Feingold Sessions Bond Harkin Reed The PRESIDING OFFICER. The Sen- Brownback Graham Shelby Boxer Hatch Reid Bunning Grassley Smith ator from New York is recognized. Burr Gregg Brown Hutchison Rockefeller Snowe Brownback Inouye Salazar Chambliss Hagel Mr. SCHUMER. Madam President, Specter Bunning Isakson Sanders Coburn Hatch this is the largest economic develop- Stevens Byrd Johnson Schumer Cochran Hutchison Sununu Cantwell Kerry Sessions ment program in one of our poorest Coleman Inhofe Cardin Klobuchar Shelby counties. It is the Bethel Performing Collins Isakson Thune Carper Kohl Smith Arts Center. It is a large complex. It is Corker Kyl Vitter Casey Landrieu Snowe Cornyn Landrieu Voinovich Chambliss Lautenberg Specter a $100 million program. Madam Presi- Craig Lott Webb Cochran Leahy Stabenow dent, $85 million has been donated by a Crapo Lugar Coleman Levin Stevens major philanthropist. The State has NOT VOTING—6 Collins Lieberman Sununu put in close to $14 million. This is our Conrad Lincoln Tester Biden Kennedy Obama Corker Lott Thune $1 million. Dodd McCain Warner Crapo Lugar Voinovich Every one of you has a poor county. The motion was rejected. Dole Martinez Webb They have gotten together, and this is Mr. KYL. Madam President, I move Domenici McCaskill Whitehouse their economic development project. It Dorgan McConnell Wyden to reconsider the vote, and I move to is not just a museum; it is a whole lay that motion on the table. NAYS—12 complex devoted to history in America The motion to lay on the table was Allard Craig Inhofe from 1945 through to the present. Burr DeMint Kyl agreed to. Coburn Ensign Roberts If you believe in helping counties, if Mr. REID. Madam President, I note Cornyn Gregg Vitter you believe every one of us wants the the absence of a quorum. NOT VOTING—7 Federal Government not to just pass The PRESIDING OFFICER. The broad-brushed programs but to help in- Biden Kennedy Warner clerk will call the roll. Clinton McCain dividual needs in our States—this one The legislative clerk proceeded to Dodd Obama coming from the leaders who have call the roll. The amendment (No. 3348) was agreed spent years and years in the Catskills Mr. REID. Madam President, I ask to. to try to bring that area back—this is unanimous consent that the order for Mr. LAUTENBERG. Madam Presi- the project. the quorum call be rescinded. dent, I move to reconsider the vote. I urge a ‘‘yes’’ vote. The PRESIDING OFFICER. Without Mr. DORGAN. I move to lay that mo- Madam President, I move to table objection, it is so ordered. tion on the table. amendment No. 3321 and ask for the The question is on agreeing to the The motion to lay on the table was yeas and nays. amendment. agreed to. The PRESIDING OFFICER. Is there a The amendment (No. 3321) was agreed AMENDMENT NO. 3321 sufficient second? to. The PRESIDING OFFICER. The There is a sufficient second. Mr. CORKER. Madam President, I question now occurs on amendment No. The question is on agreeing to the ask unanimous consent to speak as in 3321 offered by the Senator from Ari- motion. morning business. zona, Mr. KYL. There are 2 minutes The clerk will call the roll. The PRESIDING OFFICER. Without equally divided before the vote, and at The legislative clerk called the roll. objection, it is so ordered. this time the yeas and nays have not Mr. DURBIN. I announce that the SCHIP been ordered. Senator from Delaware (Mr. BIDEN), Mr. CORKER. Madam President, I The Senator from Arizona. the Senator from Connecticut (Mr. think everyone is aware that the House Mr. KYL. Madam President, this DODD), the Senator from Massachusetts today failed to override the President’s amendment strikes an earmark of $1 (Mr. KENNEDY), and the Senator from veto on SCHIP. I think everybody is million in the bill, an earmark that Illinois (Mr. OBAMA) are necessarily ab- aware that 18 Republicans joined with would create a Woodstock museum sent. Democrats to pass this bill in the Sen- celebrating the Woodstock Festival in I further announce that, if present ate. This is a bill to support health in- northern New York 38 years ago. and voting, the Senator from Massa- surance for low-income children. It is Now, some of you may believe it chusetts (Mr. KENNEDY) would vote something I think all of us want to would be neat to celebrate Woodstock ‘‘yea.’’ make sure continues to go forward. again and to do so with a museum. To Mr. LOTT. The following Senators I haven’t had the opportunity since I the extent you believe that, there is a are necessarily absent: the Senator have been here to vote for a perfect private foundation as well as money from Arizona (Mr. MCCAIN) and the bill. I doubt I will be able to do that available from the State of New York Senator from Virginia (Mr. WARNER). during the course of the time I am here that provides the funding. The result was announced—yeas 42, in the Senate. I think everybody knows To the extent one would argue it is nays 52, as follows: the President’s budget, the budget’s $5 only $1 million, and therefore sym- The result was announced—yeas 42, billion is not enough to cover the pro- bolic, the answer to that is, yes, it is, nays 52, as follows: gram, even going forward as it is. I but I think the American people want [Rollcall Vote No. 377 Leg.] think everyone would agree we can al- us to begin to make some votes that YEAS—42 ways trim a little bit out of any bill we demonstrate we care about setting pri- put forth. Akaka Boxer Cantwell orities. Funding a Woodstock museum Baucus Brown Cardin I have a letter here signed by 18 Re- in New York is not a priority above the Bingaman Byrd Carper publicans, the 18 Republicans who

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13051 joined with Democrats to make sure was 105.8 degrees. It was the second shall be reduced on a pro rata basis by this bill was able to pass and hopefully hottest summer on record in Arizona $5,000,000),’’. to be able to fund insurance for low-in- and the Salt River Project and Arizona Mr. SESSIONS. Madam President, come children. What this letter does is Public Service reached peak demand this amendment is similar to the one I asks the leadership of the House and for energy service. Just imagine the introduced yesterday, except it pro- the leadership of the Senate not to cost to the people of Arizona to cool vides a different offset to pay for the simply send back the bill that has al- their homes during such extreme heat. needed additional funds for the Office ready been voted on, but to ask them Therefore, LIHEAP funds are crucial to of Labor-Management Standards in the to sit down with the President and let’s many Arizonans who cannot meet their 2008 Labor-HHS budget. negotiate a bill that can cause this pro- energy costs alone. This is a program that I believe is gram to go forward as we all want it to Let me now turn to the way in which critically important. It is a program and discontinue all of the political LIHEAP funds are distributed. Cur- that has been very successful. It has re- rhetoric that is centered around this rently, LIHEAP funding is divided be- sulted in over 700 prosecutions in the issue. tween two pots of money. The first pot last several years and restitution to I want to make sure children in is distributed based on a tiered funding union members and union locals in the America, like everyone else, have the formula, while the second pot of money amount of about $101 million. opportunity, as low-income children, to is deemed a contingency fund distrib- This is an important program. It is a be insured. I encourage the leadership uted based on ‘‘emergencies.’’ Histori- working program. It represents the of the House and Senate to sit down cally, the contingency fund is over- only required audits, the only required with the President and let’s come up whelmingly distributed to cold weather reporting and disclosure for unions in with a bill that allows this very good States. My amendment would elimi- the country. The Securities and Ex- program to go forward. nate the bias inherent in the contin- change Commission does that for cor- I yield the floor. gency fund distribution and allocate all porations and other institutions that Mr. KYL. Madam President, I ask LIHEAP money to the funding formula are required to be audited. Other than unanimous consent to set aside the account that is more equitably distrib- this program, there is no real integrity pending amendment so I may call up uted to all 50 States. I would implore to protect union members from fraud an amendment which I will then later my colleagues to think of all Ameri- and corruption and theft. I will men- withdraw. cans when considering my amendment, tion in a moment some extraordinary The PRESIDING OFFICER. Without and vote to provide a more equitable thefts that have occurred from union objection, it is so ordered. distribution of LIHEAP funds. members, why this is important, and I AMENDMENT NO. 3356 TO AMENDMENT NO. 3325 AMENDMENT NO. 3356 WITHDRAWN will express my personal and deep be- Mr. KYL. Madam President, I call up Madam President, having spoken to lief that one reason we have as much amendment No. 3356. the manager of the bill, and appre- broad corruption in unions is because The PRESIDING OFFICER. The ciating the fact that the amendment we are not auditing them. We are not clerk will report. was offered too late in the process, doing it. Even with the current level of The legislative clerk read as follows: probably, to receive the consideration funding, we are way behind and it The Senator from Arizona [Mr. KYL] pro- it deserves, we will work on this at a would take, at this rate, 33 years to do poses an amendment numbered 3356 to later date. I withdraw the amendment. a basic audit of all the unions around amendment No. 3325. The PRESIDING OFFICER. Without the country. That is not acceptable. Mr. KYL. I ask unanimous consent objection, the amendment is with- People are not being watched. They that the reading of the amendment be drawn. feel like they are free and temptation dispensed with. The PRESIDING OFFICER. The Sen- and money is coming before them. Ob- The PRESIDING OFFICER. Without ator from Alabama is recognized. viously, people are succumbing to that temptation. More rigorous enforce- objection, it is so ordered. AMENDMENT NO. 3373 The amendment is as follows: Mr. SESSIONS. Madam President, I ment and audits are needed. The Office (Purpose: To modify provisions relating to believe, in accordance with our under- of Labor-Management Standards is a the Low Income Home Energy Assistance standing on both sides, it would be ap- group that is required to enforce the Program) propriate for me to call up amendment statutory provision that mandates that On page 55, strike lines 19 through 23 and No. 3373, and I do so now. unions provide, each year, public dis- insert the following: ‘‘U.S.C. 8623(a)–(d)), closure of how they spend their money. $2,161,170,000.’’. The PRESIDING OFFICER. Is there objection? Without objection, the pend- It was a bill offered and passed in 1959 Mr. KYL. Madam President, the Low- ing amendment is set aside. by former Senator and former Presi- Income Housing Energy Assistance The clerk will report. dent, John F. Kennedy. It was an im- Program, LIHEAP, was designed to The legislative clerk read as follows: portant reform. provide funds to low-income individ- During the Clinton years, sadly, this The Senator from Alabama [Mr. SESSIONS], uals who cannot cover rising home en- for himself, Mr. HATCH, Mr. INHOFE, Mr. reporting requirement was almost to- ergy prices. The program does not dis- ISAKSON, Mr. ROBERTS, Mr. VITTER, Mrs. tally abandoned and, under Secretary criminate between cold and hot weath- DOLE, Mr. MARTINEZ, Mr. ALEXANDER, Mr. of Labor Elaine Chao, in recent years er States. However, upon implementa- CORNYN, Mr. ENZI, and Mr. GRAHAM, proposes she has worked hard and those report- tion, cold weather States have unfairly an amendment numbered 3373. ing numbers are up. But 36 percent still received the majority of the LIHEAP Mr. SESSIONS. Madam President, I don’t report. There is not even a way, funds. ask unanimous consent that reading of with our staffing level, that she can in- My amendment eliminates the dis- the amendment be dispensed with. sist on that. So 36 percent are not re- cretionary nature in which the funds The PRESIDING OFFICER. Without porting properly. The members don’t are disbursed and frees up money and objection, it is so ordered. know where their money is being used. allocates it on a nondiscretionary The amendment is as follows: That is the fundamental question. basis. (Purpose: To increase the amount of funds The committee mark doesn’t even Before I go into specifics of my available for the Office of Labor Manage- flat fund the Department; it cuts its amendment, I would first like to dis- ment Standards) funding by $2 million. Every other en- cuss how Arizona is affected by On page 14, line 24, strike ‘‘$436,397,000’’ and forcement agency is given an increase, LIHEAP funds. This summer, record insert ‘‘$441,397,000, of which $50,737,000 is for but this one is cut. I think our mem- level temperatures have devastated the the Office of Labor Management Standards bers ought to ask themselves, do we State. Phoenix set a record with 32 (notwithstanding any other provision of this need to be listening to certain union days of temperatures exceeding 110 de- Act, amounts appropriated or otherwise leaders who don’t want disclosure, or made available under this Act for the admin- grees. In August alone, Phoenix experi- istrative and related expenses for depart- do we need to be listening to union enced 9 days of temperatures of 110 de- mental management for the Department of members whose funds and dues are grees or above. The State of Arizona’s Labor, the Department of Health and Human being misappropriated? If we do regular average temperature for August 2007 Services, and the Department of Education audits, they will be more effective, and

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13052 CONGRESSIONAL RECORD — SENATE October 18, 2007 I am convinced we will see a dropoff in and transparency by labor unions I hope we will not tell them that pro- this kind of problem. It is the right about how they use their members’ tecting their rights is unimportant. thing to do. money, and it investigates and pros- This amendment gives the Senate a My proposal is to add $5 million, $2 ecutes union officials who are guilty of chance to go on record about the im- million of which would get us back to fraud or abuse of their members’ finan- portance of integrity in leadership last year’s budget only, and a $3 mil- cial interests. elections, finances, and respect for the lion cost of living on top of that, so There should not be any reasonable rights of individuals. We know every they can continue an aggressive effort debate about the importance of finan- dollar in most of our paychecks mat- to ensure integrity. cial transparency for any entity, in- ters. When we are compelled to give a I have Senator ENZI with me, the cluding labor unions. We demand, as we portion of our paycheck away, either ranking member of the Health, Edu- should, corporate transparency in through taxes or union dues, it is an af- cation, Labor and Pensions Committee, order to protect stockholders. Those front for that money to be used to in- and Senator ALEXANDER, who are both who pay union dues are no less entitled flate someone else’s lifestyle, or to be interested in speaking on this. I will to the benefits of financial trans- misused in any other way. That is ex- yield to Senator ENZI at this time. I be- parency and fraud protection than actly what the Office of Labor-Manage- lieve I have 30 minutes; is that right? those who purchase stock. Indeed, pur- ment Standards guards against. The PRESIDING OFFICER. There is chasing stock is a voluntary activity, no time agreement. while in many instances the payment OLMS enforces the Labor-Manage- The Senator from Wyoming is recog- of union dues is not voluntary. Pro- ment Reporting and Disclosure Act, a nized. tecting the financial interests of work- law enacted with bipartisan support, Mr. ENZI. Senator SESSIONS has of- ing men and women, giving them ac- including that of then-Senator Jack fered a very important amendment, cess to how their money is being used Kennedy. and I am pleased to be a cosponsor. The and providing remedies for those in- In this administration alone, OLMS amendment restores critical funding to stances where the money is misused has returned nearly $102 million to the Department of Labor’s Office of ought to be a priority, not an after- union members who were robbed. There Labor-Management Standards. It is re- thought. were only 8.7 million private sector em- ferred to as OLMS. It is the height of hypocrisy to talk ployees represented by unions in 2006. I Funding for the Office of Labor-Man- about protecting the rights of working will restate that number. OLMS has re- agement Standards in the current Sen- men and women, or aiding the so-called turned $102 million to union members ate bill is 20 percent below the re- middle class, while simultaneously who were robbed. OLMS has indicted quested amount, essentially scaled slashing the budgets of one of the Fed- 827 individuals and gotten convictions back from the 2006 level. Senator SES- eral agencies that protects the finan- on 790 of them. That is a pretty good SIONS’ amendment restores funding to cial interests of those who pay union record. Again, they have indicted 827, current fiscal year 2007 levels and adds dues. and they have obtained convictions on an additional $3 million to continue The Sessions amendment puts a ques- 790. That is a very impressive convic- audit and enforcement efforts. tion directly before the Senate. Will we tion rate by any standard. What is the Office of Labor-Manage- vote down his amendment and allow ment Standards and why is it so impor- the Office of Labor-Management I have a State-by-State breakdown of tant? The fact is the Office of Labor- Standards funding to be rolled back those statistics, which I will enter into Management Standards is the only and go out of our way to send a mes- the RECORD. I ask unanimous consent agency in the Federal Government that sage to the working men and women that it be printed in the RECORD. is devoted to protecting the interests who pay union dues that protecting There being no objection, the mate- of American workers that pay union their rights is unimportant? That is rial was ordered to be printed in the dues. It requires financial reporting the question we are being asked. RECORD, as follows: OLMS STATE PROGRAM DATA (OCTOBER 1, 2000–AUGUST 31, 2007)

Audits Restitution State Active unions completed Indictments Convictions amount

Alabama ...... 487 41 19 20 $281,147 Arkansas ...... 320 21 5 4 107,216 Arizona ...... 187 12 6 5 128,880 California ...... 1444 161 31 28 1,231,382 Colorado ...... 297 55 11 9 194,490 Connecticut ...... 324 70 8 8 373,265 District of Columbia ...... 358 30 29 27 16,808,286 Delaware ...... 90 23 3 2 42,630 Florida ...... 592 32 15 15 468,897 Georgia ...... 692 38 15 15 235,285 Guam ...... 7 5 0 0 0 Hawaii ...... 246 21 3 6 110,254 Iowa ...... 474 47 16 15 498,704 Idaho ...... 131 14 2 2 3,234 Illinois ...... 1455 206 43 45 21,924,713 Indiana ...... 905 52 26 28 284,716 Kansas ...... 327 53 15 12 208,039 Kentucky ...... 492 47 14 14 158,038 Louisiana ...... 441 29 15 17 225,807 Massachusetts ...... 653 247 11 10 215,061 Maryland ...... 357 28 5 5 186,658 Maine ...... 165 20 2 2 53,547 Michigan ...... 1121 65 29 28 397,900 Minnesota ...... 606 90 18 18 523,288 Missouri ...... 701 224 33 34 348,851 Mississippi ...... 278 6 14 16 162,221 Montana ...... 205 14 4 4 63,983 North Carolina ...... 498 23 14 17 304,373 North Dakota ...... 144 6 6 6 59,077 Nebraska ...... 231 27 6 5 186,483 New Hampshire ...... 117 30 1 0 0 New Jersey ...... 680 119 10 8 287,263 New Mexico ...... 142 7 4 3 70,430 Nevada ...... 132 21 5 6 279,844 New York ...... 1673 349 88 85 47,785,509 Ohio ...... 1648 223 66 67 1,110,247 Oklahoma ...... 266 18 11 9 130,659 Oregon ...... 341 24 15 12 2,455,717 Pennsylvania ...... 1639 269 54 48 934,263 Puerto Rico ...... 127 3 13 2 33,851 Rhode Island ...... 135 57 1 0 0 American Samoa ...... 2 ...... South Carolina ...... 234 7 3 3 49,974 South Dakota ...... 117 2 2 2 29,175

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13053 OLMS STATE PROGRAM DATA (OCTOBER 1, 2000–AUGUST 31, 2007)—Continued

Audits Restitution State Active unions completed Indictments Convictions amount

Tennessee ...... 651 36 30 29 423,477 Texas ...... 1097 69 34 28 494,688 Utah ...... 155 7 2 2 67,406 Virginia ...... 740 30 16 20 338,707 Virgin Islands ...... 17 1 0 1 11,280 Vermont ...... 76 7 0 0 0 Washington ...... 538 69 17 15 675,048 Wisconsin ...... 802 157 22 20 706,424 West Virginia ...... 422 53 12 10 244,159 Wyoming ...... 117 2 3 3 3,899 Totals: ...... 26096 3267 827 790 $101,918,445

Mr. ENZI. This is so my colleagues I hope a majority of our colleagues law with a number of disclosure re- can see how many union-represented will agree and vote in favor of this quirements for businesses. Some of the employees have been protected in their amendment. requirements may be burdensome, as States. These numbers indicate that I yield the floor. the distinguished Senator from Penn- union corruption is not an issue to Mr. SESSIONS. Madam President, I sylvania pointed out, but we thought it which we can turn a blind eye. It may thank the Senator from Wyoming. was important for the stockholders of not be seen as politically correct by I yield to the Senator from Pennsyl- this country to know what their public some in this body to fund an office that vania. corporations were doing. audits and investigates unions. But the The PRESIDING OFFICER. The Sen- We have disclosure requirements truth is that having a strong Office of ator from Pennsylvania is recognized. which we in the Senate are required to Labor Management Standards is the Mr. SPECTER. Madam President, I give every year. They are fairly bur- best thing we can do to help the labor appreciate the Senator from Alabama densome, but we do that because the movement. Sunshine is the best dis- yielding. I am due in the Judiciary voters need to know what our incomes infectant. When rank-and-file employ- Committee, where I am ranking, and are, what our assets are. They know ees feel everything is in the open and we are proceeding with the confirma- quite a bit about us because we are re- they can trust union leaders, they are tion as to Judge Mukasey. I wish to quired to file these reports, and these probably more likely to join one. speak briefly in opposition to the reports are investigated by various of- It was the outcry of rank-and-file amendment. ficials and ethics committees. union members themselves that actu- The figures which have been provided There are a number of people running ally created the Office of Labor Man- to me show that there has been an infor President of the United States agement Reporting and Disclosure Act. crease in the funding for the Office of today, including a number in this body. That act was born in the wake of egre- Labor Management Standards up to They have to spend a lot of time filing gious cases of fraudulent elections, em- $47,753,000—it does show a slight de- information about where they get their bezzlement, and strong-arm tactics by crease on this year. But overall, since contributions, because this is an era of a number of unions. The law also works fiscal year 2001, the figure has risen instant information and almost uni- to prevent backroom dealings between from $30,492,000 to a figure of $47,753,000 versal access to information and trans- employers and union leaders that dis- for last year. This year it is, both the parency. We hear that all the time. So, advantage the employees. The first sec- Senate and House figures, $45,737,000. we want the voters to know where the tion of the law, the Union Members There has been a very substantial in- candidates for President are getting Bill of Rights, was added by then-Sen- crease in the number of workers, and their money to see whether that influ- ator and later President John F. Ken- there is a concern about the com- ences what they do. nedy. plexity of the new form LM–2 which In this age of transparency and uni- runs to more than 100 pages. The De- versal access to information, we treat I certainly understand that not every partment of Labor has issued some 88 stockholders as first-class citizens, we department can receive an increase in answers to frequently asked questions treat voters as first-class citizens, we every budget year. But what this bill to try to address this new rule. Having treat taxpayers as first-class citizens, does is quite remarkable. It singles out taken a look at it, it is not in line with but we will be treating union members this one office, the Office of Labor- the policy to try to reduce regulatory as second-class citizens if we are going Management Standards, as the only en- burdens because this new form is ex- to cut the funds the Department of forcement agency in the whole bill to tremely burdensome. Labor needs to provide union members have its funding decreased. The principal argument is going to be with information they deserve. Senator SESSIONS and I are asking made by Senator HARKIN. I have asked For example, this year the Senate, I today that we simply keep the Office of him to take the lead, to go ahead be- am told, provides a $12.8 million in- Labor-Management Standards at essen- cause I am due at a Judiciary Com- crease in funding for the Securities and tially the same funding level it re- mittee hearing on Judge Mukasey for Exchange Commission, the oversight ceived last year. The President re- Attorney General. agency for publicly-traded companies. quested an increase because OLMS has I yield the floor. So we are recognizing the importance been taking on a number of projects, The PRESIDING OFFICER. The Sen- of treating stockholders as first-class such as compliance assistance for ator from Tennessee is recognized. citizens, but at the same time we are unions, which would especially be help- Mr. ALEXANDER. Madam President, cutting the funding for the Office of ful in light of their recent revised dis- the question before the Senate is Labor Management Standards, which closure forms. whether we think the union members means we are treating union members The funding called for in this amend- of the United States are first-class citi- as second-class citizens. ment will be offset by a modest across- zens or second-class citizens. The Ses- That is the issue. A vote for the Ses- the-board cut in general administra- sions amendment says we recognize sions amendment says we believe union tive expenses of the departments fund- union members as first-class citizens members are as important as stock- ed under this bill. This reduction in ad- by increasing the amount of money holders, are as important as voters, are ministrative expenses is a very small available to the Office of Labor-Man- as important as taxpayers, and that price to pay in order to protect the agement Standards, which collects the they are all entitled to be treated as rights of working men and women. information to give them a chance to first-class citizens. These workers deserve to know how know what is going on within their This is not, as has already been men- their hard-earned money is being used union. tioned, a Republican cause, I would and deserve to be protected from those We treat stockholders as first-class hope. I have been around long enough who misuse it. citizens. We passed the Sarbanes-Oxley to remember the Kefauver committee,

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13054 CONGRESSIONAL RECORD — SENATE October 18, 2007 the McClellan committee, Senator am troubled by that increase, frankly, this current level of funding, they only John F. Kennedy and Robert Kennedy because last year Secretary Chao met get around to doing every union in the in the 1950s. It was the early days of with the people who were receiving this country once every 33 years. Until we television, and people who wanted to money, and they gave very inadequate had some increases in this budget, it know about the Senate watched those explanations of where the money went. was once every 133 years. It is a small Senators—one of whom later became In fact, they couldn’t explain where it agency, $47 million in last year’s budg- President, one of whom later became went. I don’t know whether it is being et, but it has shown big results. Attorney General—as they ferreted out well spent. OLMS does not tell unions how to corruption and organized crime in var- At any rate, the most important spend their money; it simply requires ious parts of American society, includ- thing for us to do is focus on making them to file accurate and timely re- ing unions. sure we are protecting the contribu- ports, which allows union members to This Federal statute we are talking tions of union members and that their determine for themselves whether the about was championed by Senator funds are being protected. That is why expenditures that are being made are John F. Kennedy. It was enacted as an I altered the offset to one that takes appropriate. If they don’t know what is outcome of the McClellan committee this $5 million from the administra- happening, they cannot express their hearing. Senator Kennedy knew then, tive, management and related expenses opinions in leadership meetings. as we know today, that rank-and-file of the Department of Labor, the De- That there is a high level of demand union members deserve the right to partment of Health and Human Serv- from union members for this kind of know how their unions are spending ices, and the Department of Education. information is very evident. This is a their money, how they are investing That is where the funds would come remarkable number. Between May of their members’ money, that their from. I believe that would not be a 2006 and May of 2007, on the Web site of union books are clean, and that elec- heavy burden on those agencies. In OLMS where these reports are posted tions for union officers are fair and free fact, they can absorb it readily, and so members can access them—so they of intimidation or scandal. They have a this is clearly, as a question of prior- don’t have to go down and ask the offi- right to know that information. ities, more important to make sure we cer or the boss at the local union to The question is, Do unions still need are not cutting back on this budget. ‘‘give me your records,’’ they can just a Federal watchdog? Apparently so. Senator SPECTER talked about the access them on the computer—767,980 The Secretary of Labor thinks so. She status of the budget. I repeat, I think hits were identified on last year’s Web has said so. She has plenty to do over he understood it and explained it even- site. People are looking to see where there. She could do more. She could tually correctly that the committee their elected union officers are spend- use the money, according to her testi- mark cuts the budget $2 million below ing their money. Why shouldn’t they? mony. last year’s funding level. Because of in- That is an average of 64,000 a month Over the last 7 years, the Office of flation and cost increases, that is a and over 2,100 a day. If union members Labor Management Standards has per- most significant $2 million cut. don’t care about how their hard-earned formed more than 3,000 audits, result- What we are proposing is that there dollars are being spent, I ask, why do ing in 827 indictments and 790 convic- be a $3 million increase in the overall they take time to access this Web site? tions. There apparently is a lot to do in budget, a total of $5 million—$2 million Of course they want to know, they this area. What is our response? Let’s to get up to last year’s funding and an have a right to know, and the only way cut the funding so we cannot have the additional $3 million to increase the they are able to get this information in investigations, so we cannot have the funding. I think this is valid. I think it a readily available form is through this audits, so we cannot have the indict- is justified. It is something we really reporting requirement. ments, so we cannot give these union should do. If we don’t do it, we are Unfortunately, the reports are not members the rights that Senator Ken- going to have a severe, adverse impact being submitted, and because of short- nedy—later, President Kennedy— on the ability of OLMS to fulfill their age of personnel and a certain lack of thought they ought to have. statutory requirement of auditing legal enforcement ability, only 36 per- I hope we can correct what I hope is unions and requiring unions to publicly cent of unions are not filing the appro- an oversight in the development of this file their financial disclosures. priate forms. The delinquency rate is 36 big, complex piece of legislation. Sen- Some say this is a burdensome regu- percent. That is not good for union ator SESSIONS’ amendment would treat lation, but in today’s day and age, members. union members as first-class citizens, being able to maintain records of where Now, Secretary Chao has met with just as we do stockholders, just as we you spend your money is not too much union leaders. But let me tell you what do taxpayers, just as we do voters. We to ask. Most of these records are done happened. Under the Clinton years, live in an era of instant information, by computers now. People have book- this was not being enforced. That is universal access to information, and keepers, and if they don’t, they are just it. You want to know the truth? It union members, just as stockholders, taking serious risks. So to be able to was not being enforced. And the num- voters, and taxpayers, have a right to report this information is not too ber of personnel went from 427, in know what is going on in their union. much to ask. It is very valuable to about 1990, down to 260. They just I yield the floor. their members. Union members should weren’t enforcing this 1959 mandate. The PRESIDING OFFICER. The Sen- have the same protection, as Senator When Secretary Chao realized it was ator from Alabama is recognized. ALEXANDER said, as corporate stock- her responsibility to make sure union Mr. SESSIONS. Madam President, I holders. This OLMS legislation is to members could see financial disclosure thank Senator ALEXANDER for his com- union transparency what the Securi- forms, and she asked that it be done, a ments. Indeed, what we are talking ties and Exchange Commission is to lot of grumbling occurred. They said, about is funds contributed by union corporate transparency. oh, it was burdensome; oh, there were members to further union causes, not This chart shows the mission of problems. So she met with them and to line the pockets of persons who em- OLMS. The mission of OLMS is a good met with them and they altered plans bezzle, steal, or otherwise cheat and mission. It is not to harm anybody. It and they figured out ways to do it that use the money. That is an important is to assist in the integrity of this sys- were cheaper and better and less bur- issue we need to keep in mind. It is tem—No. 1, to provide union financial densome, but she required them to troubling to me that we have opposi- transparency. That is why the bill was comply with the law that requires this tion to keeping this program on track. passed in 1959, so that union members disclosure. I have offered this amendment, as I can know where their money is being Now, after our colleagues have indicated earlier, a new amendment spent. That is the report which is re- gained ascendancy in the Senate, lo that has a different offset. I know there quired. Then to protect union financial and behold we come in and whack their was concern over the international integrity—that is part of the audit budget. Now, who is being listened to, union funds that go to the U.N.-affili- function of the OLMS. They are re- politically powerful bosses or is it the ated agency. There is a big increase in quired to audit the union activities, interest of union members? Embezzle- that program, a $10 million increase. I and they do so, but, as I noted, even at ment is not something we ought to

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13055 support and put up with. We in Con- money. This occurred in 1959. One of tions. OLMS has been funded below the gress are focusing on transparency the leaders of it was our own Senator President’s requested levels over the right here. We talk about it a lot. It is ROBERT BYRD. He spoke earlier today. past several years. Yet if the proposed embarrassing to me that our colleagues He has been here a long time. He was cuts in the bill are implemented fund- have seen this budget be reduced. here in 1959 when this bill passed. And ing will drop from $47.7 million to $45.7 This chart gives a clear indication of as a Senator from West Virginia, a million. That is below last year’s budg- just how significant overall the prob- State with a strong union heritage, a et. So I would just note again that we lem is we are dealing with. From 2001 proud union heritage, he decided to had 427 employees in this department to 2007, 796 people were convicted. Most vote for this bill. in 1990. It fell down to 260, it has been of them pled guilty, and court-ordered The bill was actually introduced and inched up to 331, and if this bill passes restitutions totaled $101 million. But I led by Senator John F. Kennedy. This in this form, cutting the budget, we are indicated to you that less than 5 per- is what Senator Kennedy said at the going to see a loss of personnel instead cent of the unions per year are being time. of an increase in personnel. We ought audited, and it appears that for every The racketeers will not like it, the to be closer to the 400, it seems to me. four of the audits that are conducted, antilabor extremists around the country will OLMS was the only enforcement agen- about one person is convicted of some- not like it, but I am confident that the cy in the Labor Department that re- thing, on average. So we have a prob- American people, and the overwhelmingly ceived a budget cut during the congres- lem, we really do. And I submit it is honest rank and file union members, will sional markup. benefit from this measure for many years to Let me mention this story of the not because people are necessarily bad come. people. Some of them may be, but a lot United Transportation Union. We have And until we stopped enforcing it a of it is because there is no real over- a picture I think is sad. It is a picture few years ago, or got lax, it has been sight and accountability, and tempta- from an undercover operation. The per- beneficial. I think the work that is tion is too great. son who is handing off this money that I have been a prosecutor for 15 years. being done now, the $101 million in res- is on this picture is a UTU-designated I will tell you, you give people lots and titution, indicates that progress has legal counsel by the name of Victor lots of money, it goes through their been occurring that has benefitted Bieganowski. The person receiving the hands and nobody is watching it. union members. money is John Russell Rookard, 58, of Now, Senator BYRD wrote a letter Temptation takes over, and you will Olalla, WA, a top special assistant to that was included in the CONGRES- rightly expect problems to occur if you Alfred Boyd, Jr., UTU president at the SIONAL RECORD in response to certain don’t have tight fiscal controls. We time this bribe money was paid. criticisms he received from a district don’t have it. I think we need to have In 2004, Boyd, the international presi- president of a union in West Virginia. a lot more emphasis in this area than dent of the Nation’s largest railroad They sent a letter of condemnation, we do, other than just a $3 million in- operating union, pleaded guilty to par- and Senator BYRD was direct about it. crease in this department. It is obvi- ticipating in a bribery scheme involv- He responded: ous. ing Houston lawyers. Union officials We hear a lot of talk about integrity The bill which passed the Congress will not extorted bribes from the lawyers in ex- in here about our financial disclosures hurt honest unions, and it will give added change for access to injured union protection to the rank and file members in and other things. Well, if we don’t do members. the unions. Honest union leaders have noth- A March 12, 2004, Houston Chronicle our duty, people will complain. If busi- ing to fear from this legislation. The corrup- article explains that Byron Alfred nesses don’t file their reports, they will tion and racketeering that have been re- Boyd, Jr., of Seattle, is the last of four complain. And we need to make sure vealed in the fields of both labor and man- officials of the UTU to plead guilty in unions do the same, not to beat up on agement made it imperative that some kind a plan to extort bribes from lawyers in unions but to help unions have integ- of legislation be enacted. exchange for access to these injured rity. And I think that remains as true members. Now, not to be monotonous—and I today as it was when he made those Boyd admitted using the bribes he find this remarkable—but some may comments in 1959. was paid—get this—to gain control of Madam President, since 2001, OLMS say, well, they are abusing unions and the union. He persuaded former union has only had the resources to audit picking on people. But the conviction president Charles Leonard Little of Le- rate is 95 percent—95 percent of all in- 3,275 of the 26,000 unions on record. ander, near Austin, to resign in ex- dictments have resulted in convictions. That means in the past 7 years com- change for $100,000 and a new pickup. They do not always get big sentences. bined, only 12.5 percent of the unions This would allow him, Boyd, to assume I thought some I have seen were pretty have been audited. It is able to audit the presidency of the union. Little re- light. But the point is, if you are con- only about 2 to 4 percent of the unions signed, but I guess he didn’t get a victed of these kinds of offenses, you each year. It is important to note that promissory note or a mortgage because lose your leadership position in a unlike corporations, unions are not re- he was never paid his $100,000. Boyd not union, and that is important. So if you quired by law to have outside auditors. only stole from his union and breached are stealing from a union, you ought Most corporations have to have outside the trust of his union members, he not stay in as an officer. auditors. So in many cases, this audit didn’t pay the man he promised to pay So I would just suggest that from my is the only outside audit a union will to give up his office. Little pleaded review of the cases, people are not have. guilty last year, as did former union being abused. They are being fairly In 2000, OLMS only did 204 audits out insurance director Ralph John Dennis. treated. Overwhelmingly, the defend- of well over 20,000 unions. That is the We have too many examples of this ants are pleading guilty, and restitu- equivalent of a union being audited kind of disregard for the integrity of tion is being made. People who are cor- once every 133 years. Last year, they the funding of unions. People are being rupt are not being able to remain in of- did 736 audits, a better number, but entrusted with this money, and it is fice to keep their hands in the till that still translates into an audit only not being managed well. And it is where the money is. once every 33 years at that rate. It is something that we need to do more The legislation that requires this is better, but I think we need to do a lot about, in my view. not new. This law has been on the more. Madam President, I would just share books for some time. I will admit that With the $2 million reduction in a few other examples which I think are we been very lax, and it was not being funding which is currently in the bill, instructive of some of the problems enforced, but the conviction rate, the it is estimated there will be approxi- that have occurred in recent years. amount of restitution, the number of mately 350 fewer audits each year, and In Pennsylvania, in June of 2007, in fraud cases per audit indicates that that is almost cutting the number in the eastern district of Pennsylvania, was not a good decision. And if the half. So we should be seeking more, Lawrence Marable and Deborah Powell, audit rates had been maintained, I sub- really, considering that from those former president and treasurer of mit we would have had a lot less crime 3,267 audits that were completed there AFGE Local 1793, representing employ- and fraud and loss of union members’ came 827 indictments and 796 convic- ees at the VA Medical Center, both

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13056 CONGRESSIONAL RECORD — SENATE October 18, 2007 pled guilty to conspiracy and theft of union members would be able to watch on either side of the aisle who is not in property in a special territorial case. for problems and pick them up sooner favor of going after either fraud, waste They conspired to convert dues checks and keep these kind of embezzlements and abuse, or any kind of criminal ac- and issued Local 1793 checks for their from going to hundreds of thousands of tivities—whether it is done in the busi- personal use totaling $184,129. This was dollars, even millions of dollars. That ness community, by corporations, or a very serious matter, I suggest. is why this office, of all offices, should whether it is done in labor unions. In May of this year, in Michigan, not be reduced. Really, the question is, how do you do Alan Raines, former financial secretary I understand some people believe it is it? What is the best way of doing it? of Steelworkers Local 1358 was charged a burden, and for a good union that Are we getting a good return on the with embezzling union funds in the never had any problems I guess filing it dollar, so to speak, for what we are in- amount of $274,262. That is not chicken is a burden. It may not be a necessary vesting in? feed. That is huge money. A lot of thing. But, really, probably it is be- I thought we might take a look and these unions do not have that many cause the union members get to see see what has been happening in this members, and the cost per member in where their funds are being spent, hon- whole area in the Department of Labor one, I remember specifically, was about estly and fairly. over the past few years, where their $1,000 per member in the amount of loss Most unions, of course, are honest focus has been and where it has not that occurred. and do a good job, and most union been, and what the priorities are. You Here, on April 2, 2007, in Puerto Rico, members are the salt of the Earth and can tell a lot about someone’s prior- the president of the International couldn’t be better people, and most ities by how they spend their money. Longshoremen’s local was found guilty union leaders are honest and decent The bill before us provides some mod- of 12 counts of embezzlement. He was and work hard every day to protect the est increase in work protections agen- charged among other counts with con- interests of their own members. They cies—OSHA, MSHA, Wage and Hour Di- spiracy to embezzle union funds in ex- try to make sure they get a fair deal in vision. We also provide for the OLMS— cess of $1,950,000. That is a breath- the workplace. that is the office the Senator from Ala- taking amount. Both of those, in May I am telling you we need to be at- bama has been talking about, Office of and April of this year. In March of this tuned to that because wages are not Labor Management Standards—$45.7 year, in New York, John Daley, former what I think they ought to be for the million. That is not chicken feed. I will chief financial officer of the New York average worker in America today. talk more about that in a bit. State Nurses Association, was sen- There are a lot of reasons for that. I But I want to point to some charts to tenced to time in prison after pleading suggest one of them is this very large show where we are, to put it in better guilty to grand larceny for taking surge of low-wage labor that comes perspective. Right now at the Depart- ment of Labor, for OSHA—that is the $1,193,000 in union funds. These are pub- into our country illegally. Occupational Safety and Health Ad- lic records. These are huge amounts of But, regardless, we want to help our ministration. These are the people who money. union members receive the highest pos- In June of last year in Connecticut, a sible wage and to be able to know that go out and make sure your workplaces are safe, that you are not exposed to former financial secretary of Local 745 their leadership is honest and trust- toxic chemicals, things that cause can- of PACE was charged with taking worthy and doing the right thing. I be- cer, or unsafe workplaces where you $138,000, embezzling that much money. lieve we have to get this money back In June of this year, in my home- into this account. We need to be sure wind up losing a limb, an arm, a hand, or where you are exposed to different town, sadly, the Southern District of we have at least a modest increase in things that may injure your lungs, Alabama, where I at one time was a spending to keep up with the inflation whether it is asbestos inhalation or Federal prosecutor myself in the rate so we can continue at least this any kind of toxic chemicals that may United States District Court there, modest rate of enforcement. have long-term profound effects. This Kenneth Mays, the former treasurer of I urge my colleagues to not see this is OSHA. as an action that goes against unions IBEW Local 1053, was sentenced after What does the administration spend pleading guilty to embezzlement and but as an action that will strengthen on OSHA? They spend $26 per work- ordered to pay $37,000 in restitution, re- unions, that will affirm the importance place. imbursement. This is right in my home of the union members’ money that The Wage and Hour Division is the state. they contribute, and to make sure it is people who go out and make sure you On July of last year, in Fulton Coun- spent wisely. are actually being paid what you say ty, GA, in the district court, a book- It is sad to say, sometimes you get a you should be paid, that you are get- keeper for IBEW Local 613 was indicted big restitution order of $1 million—I ting overtime pay, that the company is for taking $11,000. have been there and seen them, but it abiding by the wage and hour provi- In December of 2005, in the Northern is like getting blood from a turnip. It sions of the contract, for example, that District of Iowa, Debra Herrig was sen- will never come back. It is gone and the union may have signed. So in Wage tenced and pled guilty to embezzling the members have actually lost it and and Hour, they are spending $26 per union funds and made restitution in nobody can do anything about it. workplace. Under Occupational Safety the amount of $13,000. I urge my colleagues to give serious and Health, the Department of Labor is In December of 2004, in the United consideration to this amendment. I spending about $26 per workplace— States District Court for the Southern think it is reasonable and fair and the about the same. District of Iowa, Rodney Fox was offset, let me repeat, does not deal with What are they spending at the Office charged with embezzling $89,000 of the controversial ILO, International of Labor Management Standards? It is union funds. Labor Organization, that does some $2,707 per union; $26 per workplace for In May of 2005, in the Southern Dis- good. It certainly has good objectives. OSHA, 100 times more for OLMS than trict of Iowa, Amanda Kemmer was How well they spend their money, I they are spending on OSHA inves- sentenced to 24 months and ordered to have my doubts, but it has good objec- tigating where people get injured, dam- pay $209,000 in full restitution for em- tives. It is an offset against adminis- aged, maimed for life due to unsafe bezzling union funds. trative expenses, and across the board working conditions. There are lots more I can indicate. it will be a small impact on the admin- There it is, 100 times more for OLMS. I will repeat. I don’t believe there is istrative budgets of these agencies. Yet they say it is not enough money. any need for this kind of criminal ac- I yield the floor. They need more. Let’s see what that tivity to go on. I believe a lot of it oc- The PRESIDING OFFICER. The Sen- means. OLMS—more staff. More staff curs because there is so little over- ator from Iowa is recognized. and fewer results. sight. If we had a rigorous oversight Mr. HARKIN. Madam President, I I was listening to the Senator from and audit function by the Department would like to respond to some of the Alabama. It would be one thing if, over of Labor, we would see a lot less of it. points made by the Senator from Ala- these years they were spending more If the unions were required to promptly bama. First of all, I want to make it money and hiring more staff, they ac- and fully report the expenditures, clear that I do not know of any Senator tually got more convictions and that

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13057 stuff. That is not so. In 2003, there were the mines. Need I remind anyone here In fiscal year 2004, OLMS conducted a 297 people working for OLMS. In 2006, of the recent mine disaster in Utah, the union audit study that identified fraud that had increased to 384, almost a 40- mine disasters in West Virginia and in 9 percent of the unions. That was in percent increase, maybe, or 50-percent Virginia, Pennsylvania. 2004. The last reporting period was 2006. increase? Anyway, almost 100 people Miners continue to lose their lives It went down to 8 percent. What is the more, 297 to 384. What happened to the every year in coal mines and other goal? Seven and one-half percent. So it number of indictments? The number of mine disasters, and yet in MSHA, we is only half a percent of what the goal indictments in 2003 was 132; the number do not even have enough people there is as stated by OLMS. Again, the indi- in 2006 was 118. They have 100 more peo- to do the inspections. I think these cators are there that the electronic re- ple, but the number of indictments charts show you what is happening porting and other things are having goes down. over there. their effect. So you wonder, why do Look at the convictions. We saw the I think that $45.7 million is more they need so many personnel if, in fact, chart. In 2003, we had 152 convictions; than enough for them to do their job. they have gone to electronic reporting in 2006, 129. So we have a lot more peo- There it is. It went from 297 to 384 peo- and they are getting better results and ple working there. We are spending ple. Yet the number of indictments and better transparency from that? This more money on personnel, and we are convictions went down. The budget sounds to me like a classic case of getting fewer indictments and fewer went from $34 to $45 million. Now they featherbedding, padding it with people convictions. The budget, at that same want to go to $50 million. Well, some- and spending more money for not get- time, went from $34.3 million to $45.7 thing is not right here. Something is ting much for results; in fact, getting million, which is where we are. They not right. It sounds as if they are hir- less results than we have gotten in the put on more people, but they got fewer ing more and more people, but I do not past with less money. indictments and fewer convictions. know what they are doing. Again, I think we have met our obli- Now with the Sessions amendment, There is one other thing I want to re- gation with $45.7 million for OLMS. By they want to go to $50.7 million—I spond to that Senator SESSIONS the way, that should be more than guess to hire more people so we can get brought up. I think if I remember it enough for them to do their audits and fewer indictments and fewer convic- right—I will have to check the RECORD, to do their indictments and convictions. but I thought he said something about tions. I think this shows that more per- This really tells the story. What is 26 percent of the reports were not sonnel and more money have not trans- happening is, they are loading up standard, were not acceptable, did not lated into more convictions and more OLMS with featherbedding. That is meet standards of acceptability. indictments. classic. They put more and more people Well, you can go right to the White There is a balance that has got to be on, and they are doing less and less House, online, go to the Office of Labor held here. I think our committee did a work. When I see a trendline like that, Management Standards. It has got pro- good job of balancing OLMS, which has I say: You don’t chase bad money with gram performance measures. It says a job to do. They should do it. They good. We put all that money in there, here: Measure. Increasing union trans- should investigate, they should audit, and it looks as though what we are parency. Increase the percentage of they should indict, and they should doing is hiring a bunch of people who union reports meeting standards of ac- convict people who are absconding with are sitting around, not doing very ceptability for public disclosure. union money. Absolutely. No one de- much. Here is what it says: Explanation. nies that. They should. Let’s look at labor staffing. I men- The principle objective of this perform- The question is, how do we balance tioned before—this is the same figure ance goal is to increase the percentage that with making sure we have more you saw in the previous chart, OLMS of union reports meeting standards of inspections of workplace safety, or went from 297 to 384, a 29-percent in- acceptability for public disclosure. mine safety, the other things that the crease. How about OSHA? What hap- Prior to implementation of elec- Department of Labor is supposed to be pened to Occupational Safety and tronic reporting formats, only 73 per- doing to protect our workers? That is Health? It went from 1,683 down to cent of union reports filed met stand- the balance we have struck here in the 1,542. They got rid of people to do in- ards of the acceptability. Expanded use bill. I think it is a good balance, some- spections. And MSHA, coal mine safe- of electronic report formats is signifi- thing that was worked out in a bipar- ty, went down from 2,299 to 2,136. So cantly improving the sufficiency of re- tisan fashion with Senator SPECTER, while OLMS went up, OSHA and ports for public disclosure. myself, and other Republicans and MSHA, Mine Safety Health Adminis- Here it is. In 2003, 73 percent, that is Democrats on the committee. As I tration, actually cut personnel. what I mentioned. I think that is pointed out, this passed the committee What does that mean? This next where Senator SESSIONS got the 26 per- 26 to 3. This was not even an issue. I chart shows what it means. Unlike cent that were not acceptable. Well, think everyone figured there was a OLMS, where more staff means fewer that was 2003. In 2004, it went to 94 per- pretty good balance for what we set up. results, the cutbacks of OSHA and cent. It is now at 93 percent, 93, 94 per- I hope we can maintain that balance. MSHA means less work gets done. This cent. So there are only about 6 to 7 per- I yield the floor and note the absence chart demonstrates what has happened cent that are not meeting the stand- of a quorum. over the last several years in President ards; again, not 26 percent. It is more The PRESIDING OFFICER. The Bush’s budget. OSHA inspections, right like about—well, it is either 6 or 7 per- clerk will call the roll. here, from 2003 to 2006, dropped from cent right now. The goal is 97 percent. The assistant legislative clerk pro- 39,884 to 38,589, so we get fewer OSHA Obviously they are getting there with ceeded to call the roll. inspections and fewer workers are this new electronic reporting. Mr. HARKIN. Madam President, I being protected as a result. Now the other thing has to do with ask unanimous consent that the order Then, the number of employees bene- financial integrity. I talked about for the quorum call be rescinded. fiting from OSHA inspections fell from fraud, and I saw the picture of some- The PRESIDING OFFICER. Without 1.6 million to 1.2 million. I don’t have body getting money and all of that objection, it is so ordered. that number on this chart. kind of stuff. Well, again, on the same AMENDMENT NO. 3349 TO AMENDMENT NO. 3325 Look at mine safety. Right now, Web site—you can look it up yourself— Mr. HARKIN. Madam President, MSHA is unable to do all the inspec- the measure: increasing union financial among the amendments that are pend- tions that they are required to do by integrity. The percentage of unions ing, one is 3349. I ask unanimous con- law. What has happened here? Under with fraud will decrease. That is the sent to have it called up and ask for its mine safety, the staff went from 2,299 outcome. Right here it says that: immediate consideration. to 2,136. OLMS conducts audits to monitor com- The PRESIDING OFFICER. Without The number of inspections they were pliance, uncover embezzlement, and objection, it is so ordered. The amend- able to complete went from 98.8 percent other criminal and civil violations of ment is pending. to 95.1 percent, which is where we are the law, using streamlined investiga- Mr. HARKIN. Madam President, this today. They cannot even inspect all of tive audit procedures. was the amendment offered by Senator

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13058 CONGRESSIONAL RECORD — SENATE October 18, 2007 BROWN earlier. It had to do with Up- They now have 798 convictions and 834 tecting workers. There is actually ward Bound evaluations. It was cleared indictments. It seems every day they some good news there. For example, on both sides of the aisle. We are ready are out there making good progress, since fiscal year 2001, the fatality rate to vote on it. where they have the capability to do among Hispanic workers has fallen by The PRESIDING OFFICER. If there so, against fraud and corruption. over 18 percent. Since 2002, the injury is no further debate on the amendment, With regard to the full-time equiva- and illness incident rate has fallen the question is on agreeing to the lent, the number of employees, in re- from 5.3 per 100 workers to 4.6 per 100 amendment. cent years we have seen an increase in workers, a drop of more than 13 percent The amendment (No. 3349) was agreed the number of employees—that is in the injury and illness incident rate, to. true—but the truth is those increases which is a substantial improvement. Mr. HARKIN. Madam President, I say have been modest. For example, in 1990, With regard to the number of re- to Senators, we are working our way there were over 400 OLMS employees. sources, from 1992 to 2002, there were through the amendments. It is now Now that number dropped down below budget cuts and the FTEs dropped 34 5:15. I know people do not want to work 300. Mostly during the period of the percent. That is the number of workers late tonight, but we are going to be in Clinton administration there was a during basically the period in which very late tonight unless Senators who sharp dropoff. Now it is back up to 331, President Clinton was in office. The au- have amendments pending come over but that is well below the amount it dits of unions, the local unions dropped and offer their amendments. used to be. by two-thirds in that decade. That is As people can tell, there is nothing I don’t think there is anything that all we are saying. Secretary Chao has a happening here right now. We hope to can be said except that Secretary Chao statutory responsibility to do audits, a get a couple more votes here very has begun to restore that office a bit, statutory and compelling responsi- shortly. Right now, there is not an tried to get it on a stronger basis, have bility to insist on these reports being amendment pending for which we can it do a better job of enforcing the law. filed on time. They are required by a have a vote except the Sessions amend- She needs that. One can only interpret law that was passed in 1959. Thirty-six ment. We had a pretty good debate on this budget cut—the only budget cut percent of the unions are not submit- that yesterday and just now. I think within this whole line item of appro- ting those reports on time so their pretty much all of the debate regarding priations to her enforcement agency, members cannot access where their the amendment offered by Senator the agency that requires the unions to money is going. We had almost a mil- SESSIONS is over. We are prepared to publish their expenditures, the enforce- lion people in the last year access the vote on that, but we will hold off until ment agency that actually does au- Web site where these reports are re- we can get clearance on the other side dits—as an indication of something quired to be filed to see where the to have a vote. rather serious, especially when the au- money is being spent. This is union Madam President, I suggest the ab- dits are uncovering extraordinary members accessing these Web sites so sence of a quorum. amounts of problems. That is what we they can find out where the money The PRESIDING OFFICER. The have. We have a situation in which we they are contributing to the local clerk will call the roll. have had so little oversight that there union is being spent. What is wrong The assistant legislative clerk pro- is abuse of union members’ money with that? Why would we want to cut ceeded to call the roll. going on on a regular basis. That this agency when we still are not where Mr. STEVENS. I ask unanimous con- money is too often being abused. Not we need to be? We are auditing only a sent that the order for the quorum call by everybody; overwhelmingly, the av- very small fraction of the unions, and a be rescinded. erage union leader is honest and de- substantial number, over a third, are The PRESIDING OFFICER. Without cent. The locals are run by good people failing to report as required by law— objection, it is so ordered. elected by their members. But long- not a law I am asking us to pass, not a (The remarks of Mr. STEVENS are term tenures, lack of controls, no au- law that is part of this amendment—a printed in today’s RECORD under dits puts people in a position where law that was passed by then-Senator ‘‘Morning Business.’’) their good discipline fails. John F. Kennedy in 1959. Mr. STEVENS. I suggest the absence I have seen it in churches. People in So I believe this is a good govern- of a quorum. church have access to large amounts of ment issue. It is the right thing to do. The PRESIDING OFFICER. The money. Nobody is monitoring it, and It will not hurt unions. It will clerk will call the roll. they take it, sometimes large amounts. strengthen unions. It will make people The assistant legislative clerk pro- So we need to understand that over- feel better about their membership. It ceeded to call the roll. sight, auditing, and financial disclo- may be some bosses do not want to Mr. SESSIONS. I ask unanimous con- sure is not punishment. It is not de- have to disclose where they spend their sent that the order for the quorum call meaning. It is serving the rank-and-file money, and they may be contacting be rescinded. union members. It is serving their in- Senators and telling them: Don’t give The PRESIDING OFFICER. Without terests so they can know their leader- in. Fight. Don’t let them go back and objection, it is so ordered. ship is functioning honestly and with make us do these audits. Don’t do it. Mr. SESSIONS. Madam President, I integrity, and they can know what Cut their budget. Stop Elaine Chao wish to share a few thoughts on some they are spending their money on. It from doing what she is required by law of the discussion we had earlier today. may be an honest expenditure, but a to do. Don’t give her the money. My colleagues shared some ideas about union member might look at it and Maybe that is what is happening. I do whether we are funding OSHA suffi- say: They paid too much for this copy not know. I hope not. I think we ought ciently, that sort of thing. The spend- machine because that is his brother-in- to keep this going. We ought to at least ing per business from OSHA is different law. They might want to complain have this modest increase which is a from spending per union. OSHA has about that. Isn’t that the way we want little more than the inflation rate—a many businesses they serve, and so it to happen? That is what the whole net $3 million increase on a $47 million they go out to each one and make their system is about. budget from last year. That modest in- visits and do their inspections and as- It is disappointing to me to see that crease will allow her to keep the mo- sess penalties. But unions serve many we have a cut in this agency, of all mentum, to keep these delinquency businesses, and one inspector would agencies. I am disappointed in that. I rates going down, moving in the right come there and spend some time and know Secretary Chao would be con- direction, with financial disclosure, would cover their relationship with cerned that people thought that some- sunshine. That is going to help elimi- quite a number of businesses. All work- how in doing these few audits—and we nate fraud in itself. Then she will be places are not unionized so I don’t are so slow in what we are doing and able to also do a certain number of think that was a fair comparison. doing so few it would take 33 years to other audits. Maybe we can see not an Also, the Department of Labor just audit all existing unions. But to sug- increase in convictions, but we might reported that the indictment and con- gest they were spending so much see a decrease, if we know there is viction numbers continue to go up. money on that, and they weren’t pro- more accountability.

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13059 Again, there were 796 criminal con- isiana, at which time we will have a cluded—but millions upon millions of victions over the last 6 years, with time agreement of 10 minutes for Sen- Americans, the procedure of abortion is court-ordered restitution of $101 mil- ator VITTER and 10 minutes for Senator deeply troubling and deeply offensive. lion. Whose money is that? Whose BOXER on the Vitter amendment, at In that context, I think it is the right money was being ordered to be paid the end of which time the Senate will policy and a very reasonable main- back? It is union members’ money— proceed to a vote on or in relation to, stream policy to say we are not going working Americans who have trusted first, the Reid amendment; upon dis- to send taxpayer dollars to support their leaders. Maybe in the union hall posal of the Reid amendment, the Sen- groups that perform abortions. It there are 10 officers and leaders and ate will then proceed to vote on or in seems to me that is the right policy only one of them found themselves in a relation to the amendment offered by when you talk about taxpayer dollars. position to steal. I am not saying we the Senator from Louisiana; at the Now, the other side will immediately have this wholesale problem. What I conclusion of that vote, that the Sen- jump up and say: Well, we have current am saying is there is a very real prob- ate then proceed to a vote on the Federal law that says we are not going lem. There is no doubt about it. We are amendment offered by the Senator to use taxpayer dollars to fund abor- finding far too many criminal cases for from Alabama, Mr. SESSIONS; and that tions. But, quite frankly, that is not each audit that is done. no other amendments or intervening good enough in my mind and in the As a result, it takes up time by the matter occur prior to these votes. minds of millions upon millions of investigators. It takes up time by the The PRESIDING OFFICER. Is there other abortion opponents. auditors. It results oftentimes in a loss any objection? Because the way it works now, we of money that no matter what the Without objection, it is so ordered. send Federal dollars to abortion pro- judge orders to be restored—no matter There is 20 minutes equally divided. viders and money is fungible and it is a how much restitution they order—it The Senator from Louisiana is recog- big shell game and it supports their may not actually ever be paid back if nized. overhead and it supports their organi- they do not have it. That is a true fact. Mr. VITTER. First of all, Madam zations and, in many cases, that fund- So I urge my colleagues to support President, I thank the chairman of the ing is a huge percentage of their over- this amendment. Once again, some of subcommittee for all his courtesies. all revenue. So it does, in a very significant, meaningful way, support you may be concerned that the offset AMENDMENT NO. 3330 TO AMENDMENT NO. 3325 was to take money from the ILO, I be- abortions. That is wrong in my mind. Under that unanimous consent re- Now, let me make clear what this lieve it is, the U.N.-affiliated inter- quest which has been granted, I now amendment does and what it does not national labor group that is supposed call up amendment No. 3330, the Vitter do. to help labor conditions around the amendment at the desk. It says we are not going to send tax- world. They certainly have high and The PRESIDING OFFICER. The payer dollars to abortion providers good goals. I am not sure they have clerk will report. under the title X program. The title X been very effective. But this money for The legislative clerk read as follows: program is a family planning program, my amendment is not coming from The Senator from Louisiana [Mr. VITTER] and many of those entities which get there anymore. I know a lot of people proposes an amendment numbered 3330 to millions of dollars from the Federal want to see that budget increased. amendment No. 3325. Government perform abortions. This So this offset will be an offset from Mr. VITTER. Madam President, I ask amendment says we are not going to administrative expenses of Labor and unanimous consent that reading of the send taxpayer dollars to those entities. HHS and Education. It will be a small amendment be dispensed with. Now, what does the amendment not impact on their overall budget. The PRESIDING OFFICER. Without do? It does not affect hospitals. There I urge my colleagues to vote for this objection, it is so ordered. is specific language, a specific exemp- amendment. The amendment is as follows: tion for hospitals. So hospitals are an- I yield the floor. other category. It does not cut one The PRESIDING OFFICER. The Sen- (Purpose: To prohibit the provision of funds to grantees who perform abortions) penny from family planning. This ator from Iowa is recognized. amendment is not about family plan- Mr. HARKIN. Madam President, I On page 79, between lines 4 and 5, insert the following: ning. It is clearly about abortion. We ask unanimous consent that the pend- SEC. ll. Notwithstanding any other pro- do not cut one penny of family plan- ing amendment be set aside. vision of this Act, none of the funds appro- ning funding. The PRESIDING OFFICER. Without priated in this title shall be distributed to This amendment does not deny one objection, it is so ordered. grantees who perform abortions or whose family, one individual, family planning AMENDMENT NO. 3395 TO AMENDMENT NO. 3325 subgrantees perform abortions, except where services, because in every locality a woman suffers from a physical disorder, where a private abortion provider is re- (Purpose: To clarify the application of physical injury, or physical illness that current law) would, as certified by a physician, place the ceiving title X funds, there are alter- Mr. HARKIN. Madam President, I woman in danger of death unless an abortion native sources for family planning have an amendment I offer on behalf of is performed, including a life-endangering services—in every area, in every local- Senator REID. I send it to the desk and physical condition caused by or arising from ity. So we are not taking family plan- ask for its immediate consideration. the pregnancy itself. The preceding sentence ning services away from any American, The PRESIDING OFFICER. The shall not apply to a grantee or subgrantee from any individual in any part of the that is a hospital, so long as such hospital country. clerk will report. does not subgrant to a non-hospital entity The legislative clerk read as follows: Finally, this amendment does not af- that performs abortions. fect free speech. The amendment con- The Senator from Iowa [Mr. HARKIN], for Mr. VITTER. Madam President, this Mr. REID, proposes an amendment numbered tains no language regarding coun- 3395 to amendment No. 3325: is a very simple and straightforward seling, advocacy, information or ex- but, I believe, important amendment. At the appropriate place in title II, insert pression. It simply says: Let’s be fair. the following: It says in clear terms that none of the Abortion is a very divisive topic. At SEC. ll. Nothing in this Act shall be con- funds in this appropriations bill will go least half the American people have strued to effect or otherwise modify provi- to entities that provide abortions. deep concerns about it. In that context, sions of current Federal law with respect to I think that is the right policy we we should not be sending those folks’ the funding of abortion. should set in this body because what- money to abortion providers to take Mr. HARKIN. Madam President, I am ever side of the abortion debate you are care of their overhead, to allow them going to propound a unanimous con- on, we can all agree on one thing: to use it as a shell game and, essen- sent request. I ask the Senator’s atten- Abortion is a very divisive topic. Abor- tially, indirectly fund abortions and tion to this request so we get it right. tion divides our Nation—many folks support abortion services. Madam President, I ask unanimous would say down the middle—and it Now, there are a lot of examples of consent to set this pending amendment causes understandable passions and these sorts of entities that we could aside, then to turn to an amendment to feelings on both sides. To a substantial use. But, obviously, the biggest nation- be offered by the Senator from Lou- number of Americans—myself in- wide is Planned Parenthood. Planned

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13060 CONGRESSIONAL RECORD — SENATE October 18, 2007 Parenthood performs and accounts for abortions, some Title X recipients co-locate ernmental entities how they should hundreds of thousands of abortions their family planning services with their spend their own private funds. I wonder every year. According to the last fig- abortion facilities. Indeed, Planned Parent- what the Senator has in mind next? Is hood clinics receive Title X funding. ures we could locate from 2005–2006, Title X family planning funding should not he going to tell America’s families Planned Parenthood has about a $1 bil- go to abortion providers such as Planned what they can spend their private lion budget and source of revenue. Parenthood, which performed nearly 265,000 funds on? This is a dangerous amend- About a third of that—$305.3 million— abortions in 2005. Recent reports indicate ment which will lead to more abor- comes from Government subsidies of that Planned Parenthood generated over $900 tions. one sort or another. So $1 billion in million in income in fiscal year 2005–2006, of The Senator takes to the floor and he revenue, and a third of that comes which over $300 million came from govern- attacks an a private organization by from the taxpayers—whether it is $120 ment grants and contracts. In addition, it name—an organization that over many has recently been reported that Planned Par- years has had leading Republicans and million or more from the Federal Gov- enthood clinics that receive Title X funding ernment kicking in directly and at have not complied with state statutory rape Democrats on its board of directors. I least $59 million coming from this very reporting laws. We should not be sending think it is a very sad day when we have title X program, which is the subject of taxpayer money to an organization such as an amendment such as this. This my amendment. Planned Parenthood that performs abortions amendment punishes the very organi- Meanwhile, Planned Parenthood, in or violates state laws designed to protect zations that work hard every day using the last year we could get figures for, young women. The Vitter amendment would their own funds to provide family plan- performed over 264,000 abortions. The not alter the $300 million contained in the ning services and reproductive health best estimate for abortions nationwide LHHS bill for Title X family planning serv- care, including legal abortion services. ices. in a year is 1.29 million. So Planned Your support for the Vitter amendment If Senator VITTER wants to deny Parenthood alone accounts for over 20 will uphold the principle that the United these funds, he should work to outlaw percent of that. States taxpayer should not have to subsidize all abortion. He should work to make You cannot tell me, given all those the abortion industry. FRC reserves the women criminals who have abortions— numbers, given 265,000 abortions per- right to score votes surrounding this amend- throw everyone in jail. If he wants to formed, that we are not sending Fed- ment in our scorecard for the First Session go that way, that is an honest way. But eral taxpayer dollars that is supporting of the 110th Congress to be published this to stand up here and say that a private all of that activity, that is indirectly fall. organization that works so hard every Sincerely. paying for those abortions—clearly, THOMAS MCCLUSKY, day to give women the health care they enormously important to keep Planned Vice President for Government Affairs. need—to punish them because they use Parenthood going, to provide for its their own funds to provide a full array overhead—a third of all of its revenue. OCTOBER 18, 2007. of reproductive health care is really, I Pure and simple, that is wrong when Hon. DAVID VITTER, think, a very sorry idea. so many Americans find performing U.S. Senate, His amendment will do nothing to re- abortions so deeply troubling in a fun- Washington, DC. duce abortions. It will make contracep- DEAR SENATOR VITTER, On behalf of the damental, gut, moral way. So this 500,000 members of Concerned Women for tives harder to get, and that will in- would set the policy right and simply America (CWA), I would like to thank you crease the number of unintended preg- say, if you are a title X recipient, if for your continued commitment to support nancies. It will increase the number of you are a recipient of those sorts of of the sanctity of life. We appreciate your of- abortions, just as we have shown the Federal dollars, you need to decide. fering an amendment to prohibit federal global gag rule does. Make no mistake, You cannot perform abortions if you Title X funding from going to any group he may not call it a gag rule, but in es- want that taxpayer support when half which performs elective abortions or whose sence it is. When you tell a person or subgrantees perform elective abortions. an organization how they can spend or more of U.S. taxpayers have funda- CWA will score the vote on your pro-life mental, moral reservations, and prob- amendment to the Department of Labor, their own personal funds, that is inter- lems with the procedure. Health and Human Services Appropriations fering with their rights. This amendment is strongly sup- Bill (S. 1710). What is going to happen? We are ported by the Family Research Coun- Federal taxpayers must not be forced to going to have less funding for breast cil, and they are going to score the pay for cruel and immoral abortion proce- and pelvic examinations, breast and amendment. In addition, it is strongly dures to which they rightly object. There is cervical cancer screening, sexually supported by Concerned Women for no way around this fundamental principle of transmitted diseases, and HIV/AIDS. fairness and common decency. America—they also will score the Senator, thank you again for your amend- We are going to see less counseling, amendment—and, finally, by National ment and working to promote life in the less testing, and less referrals. Right to Life, which will also score the Senate. Our members appreciate your strong This amendment is an attack on title amendment. stance and CWA lends its support to this pro- X-supported health clinics. Title X was I have letters from two of those three life amendment. Our little ones cannot speak enacted in 1970 with strong bipartisan organizations. The third is on the way. for themselves, so we must speak for them support to provide high-quality, com- I ask unanimous consent that these and make a statement that our nation prehensive, and low-cost family plan- should not subsidize this destruction of life. letters be printed in the RECORD. ning and reproductive health care serv- Sincerely, There being no objection, the mate- ices to those in need but who cannot BEVERLY LAHAYE, rial was ordered to be printed in the Founder and Chairman, afford such services. Let’s be clear. No RECORD, as follows: Concerned Women for America. title X dollars may be used for abortion FAMILY RESEARCH COUNCIL, Mr. VITTER. I reserve the remainder care. We are going to have a vote that Washington, DC, October 18, 2007. of my time. makes it very clear that nothing in U.S. SENATE, The PRESIDING OFFICER (Mr. this bill allows Federal funds to be Washington, DC. SALAZAR). The Senator from Cali- used for abortion. No discretionary DEAR SENATORS: On behalf of Family Re- funding in this bill can ever pay for search Council and the families we represent, fornia. I want to urge you to vote for the Amend- Mrs. BOXER. Mr. President, how abortion. That has been illegal for ment #3330 offered by Senator David Vitter much time does the Senator from Lou- quite some time. (R–LA) to the Substitute Amendment to the isiana have left, Mr. VITTER, and how So again, the Vitter amendment pun- Labor, Health and Human Services, and Edu- much time do I have? ishes effective organizations that are cation, and Related Agencies Appropriations The PRESIDING OFFICER. The Sen- working every day to provide a full Act, 2008 (H.R. 3043) which would prevent ator from Louisiana has 2 minutes 46 range of legal, important health care Title X family planning funds from sup- seconds, and the Senator from Cali- to women. The consequence of passing porting abortion providers. We strongly sup- this—which I don’t think we will be- port this amendment. fornia has 10 minutes. Title X family planning funds are distrib- Mrs. BOXER. All right. Mr. Presi- cause it is so radical—are that women uted to organizations that perform a broad dent, I yield myself 7 minutes. would have less access to reproductive array of family planning services. Though The Vitter amendment is ‘‘big broth- health care. They would get sick. They Title X funds may not be used to perform er’’ at its very worst. It tells non-gov- would be suffering, and they wouldn’t

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13061 get access to contraception, which is so sial is because Senator VITTER decided that I and others worked to approve— necessary. to bring up this very divisive amend- a ‘‘grave threat to women.’’ I reserve the remainder of my time. ment, which I hope we will defeat. We all want to reduce the number of The PRESIDING OFFICER. Who I yield 3 minutes to Senator MURRAY. unintended pregnancies in this coun- yields time? The Senator from Lou- The PRESIDING OFFICER. The Sen- try, but limiting health care and edu- isiana is recognized. ator from Washington is recognized. cation options will only produce the Mr. VITTER. Mr. President, I would Mrs. MURRAY. Mr. President, let’s opposite effect. We have to make sure 1 be very clear. The amendment that has like to use 1 ⁄2 minutes of my remain- women have access to safe and afford- been offered by Senator VITTER is an ing time to simply respond to some of able family planning alternatives. Cut- attack on the health and well-being of the statements. ting them off, as this amendment all Americans, purely and simply. A statement was made that this would do, is the wrong way to go. When you look at the depth and amendment cuts health care services, I stand with my colleague from Cali- family planning services that are not breadth of this amendment which has been offered, it could withhold critical fornia in saying that the Senate needs abortion and makes them less avail- to stand on record to protect women’s able. That is simply not true. This Federal dollars from virtually any health care entity or provider across rights in this country. This is the time amendment doesn’t cut a single penny when we need to do it. We are not out of title X family planning money. That the country that is in any way tied to abortion services, directly or indi- here to provide a divisive debate; we dollar amount is exactly the same. are out to defend the rights of women This amendment doesn’t make those rectly. I wish to remind my colleagues that in this country, for which they have services unavailable to a single Amer- worked long and hard. Let’s not affect ican because we checked every metro- in some of our rural communities, there is only one health care provider. and impact hundreds and hundreds of politan area, every locality, and there men and women who are trying to get are other opportunities—public, pri- That clinic may provide flu shots for children, for the elderly, and it may health care today by an amendment vate, both—for Americans in every lo- that is divisive and is not needed. cality for true family planning entities also provide family planning services. This amendment which has been of- As the Senator from California said that don’t also perform abortions. So it fered would tie that clinic’s hands and today, the funds in this bill that are is not true that we are lessening that prevent it from receiving any Federal federally provided do not go for abor- opportunity. funds whatsoever. That is just plain It is not about those true health or tions today. We do not need this wrong. family planning services. It is about amendment. We should not take this Our Nation’s core health care pro- dangerous step that will impact the abortion and whether the American viders rely on millions of dollars from taxpayer is going to be forced to indi- lives and health of many women in this Medicaid, from family planning, from country. rectly subsidize abortion in this coun- community health centers, child try as we do right now. When abortion I yield the floor. health, and numerous programs which Mrs. BOXER. Mr. President, how is so divisive an issue, when it is so provide, as we all know, vital health much time remains? troubling and fundamentally offensive care services to some of our Nation’s to so many millions of Americans—at most vulnerable women, men, and chil- The PRESIDING OFFICER. Twenty least half the country, in my guess- dren. But because of the way this seconds remains. timate—I don’t think it is right or fair amendment is worded, it would put Mrs. BOXER. Mr. President, let me to be spending taxpayer dollars. Who millions of men and women—primarily, just say that Senator MURRAY said it can deny that is effectively what we of course, those who are low income all. This is an unnecessary amendment are doing? Just look at the biggest ex- who can’t advocate for themselves, who by Senator VITTER. I urge an ‘‘aye’’ ample. don’t have health insurance—at risk of vote on the Reid amendment and a The PRESIDING OFFICER. The Sen- losing access to family planning and ‘‘no’’ vote on the Vitter amendment. ator has consumed a minute and a half. other preventive health care services. I ask for the yeas and nays. Mr. VITTER. I will consume the re- We have all said many times we all The PRESIDING OFFICER. Is there a mainder of my time. want to reduce the number of abor- sufficient second? There is a sufficient I talk about Planned Parenthood tions. It is something on which we all second. simply because it is the biggest and agree. But this amendment, in fact, AMENDMENT NO. 3395 most obvious example of billions of goes directly against that goal. This dollars of revenue—fully a third comes amendment is counterintuitive. Elimi- The PRESIDING OFFICER. The from Government. Meanwhile, they nating a community’s only source of question is on agreeing to the Harkin perform 265,000 abortions—20 percent of birth control will not reduce the num- for Reid amendment. the entirety of abortions performed in ber of abortions. Denying women ac- The clerk will call the roll. the United States. That is not right. cess to their trusted doctors and nurses The legislative clerk called the roll. I yield back the remainder of my won’t do it either. Mr. DURBIN. I announce that the time. Let’s be clear. This amendment is Senator from Delaware (Mr. BIDEN), Mrs. BOXER. Mr. President, how not necessary to prevent family plan- the Senator from New York (Mrs. CLIN- much time is remaining on our side? ning funds provided through title X TON), the Senator from Connecticut The PRESIDING OFFICER. There is from paying for abortions. As the Sen- (Mr. DODD), the Senator from Massa- 5 minutes 45 seconds. ator from California has said, Federal chusetts (Mr. KENNEDY), the Senator Mrs. BOXER. Mr. President, I wish to law prohibits that. from Maryland (Ms. MIKULSKI), and the point out that George Bush’s grand- Over the past 7 years, we have seen Senator from Illinois (Mr. OBAMA) are parents founded the Planned Parent- this administration and conservatives necessarily absent. hood affiliate in Connecticut. I wish to in this Congress systematically work I further announce that, if present point out again that the issue of choice to erode reproductive freedoms for is only divisive when we have amend- and voting, the Senator from Delaware women, both in the United States and (Mr. BIDEN) and the Senator from Mas- ments such as this one, even though we overseas. In fact, just this week we already know there isn’t a penny of sachusetts (Mr. KENNEDY) would each learned that the President’s nominee vote ‘‘yea.’’ funding in this bill that can be used for for Deputy Assistant Secretary for Mr. LOTT. The following Senator is abortion. So, this is punishing the peo- Population Affairs has supported drop- necessarily absent: the Senator from ple who are living by the law, who are ping a requirement that Federal health Virginia (Mr. WARNER). using their own private funds, and who insurance plans cover birth control. are using Federal funds for contracep- I ask for 1 additional minute. The PRESIDING OFFICER. Are there tive services, for health care services, Mrs. BOXER. I yield the Senator 1 any other Senators in the Chamber de- and the rest. additional minute. siring to vote? This amendment shouldn’t even be Mrs. MURRAY. She called Plan B— The result was announced—yeas 68, on this bill. The reason it is controver- the medically safe birth control pill nays 25, as follows:

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13062 CONGRESSIONAL RECORD — SENATE October 18, 2007 [Rollcall Vote No. 378 Leg.] The result was announced—yeas 41, [Rollcall Vote No. 380 Leg.] YEAS—68 nays 52, as follows: YEAS—46 Akaka Feingold Murray [Rollcall Vote No. 379 Leg.] Alexander Crapo Lugar Alexander Feinstein Nelson (FL) Allard DeMint Martinez YEAS—41 Baucus Gregg Nelson (NE) Barrasso Dole McCain Bayh Harkin Pryor Alexander Crapo Kyl Bennett Domenici McConnell Bennett Hatch Reed Allard DeMint Lott Bond Ensign Murkowski Bingaman Hutchison Reid Barrasso Dole Martinez Brownback Enzi Roberts Bond Inouye Roberts Bennett Domenici McCain Bunning Graham Sessions Boxer Johnson Rockefeller Brownback Ensign McConnell Burr Grassley Shelby Brown Kerry Chambliss Gregg Salazar Bunning Enzi Roberts Smith Brownback Klobuchar Burr Graham Coburn Hagel Sanders Sessions Snowe Byrd Kohl Chambliss Grassley Cochran Hatch Schumer Shelby Sununu Cantwell Landrieu Coburn Gregg Coleman Hutchison Smith Smith Thune Cardin Lautenberg Cochran Hagel Collins Inhofe Snowe Sununu Carper Leahy Coleman Hatch Corker Isakson Vitter Thune Casey Levin Specter Corker Hutchison Cornyn Kyl Voinovich Cochran Lieberman Stabenow Cornyn Inhofe Vitter Craig Lott Coleman Lincoln Stevens Craig Isakson Voinovich Collins Lugar Sununu NAYS—47 Conrad Martinez Tester NAYS—52 Akaka Harkin Nelson (NE) Corker McCain Thune Akaka Harkin Nelson (NE) Baucus Inouye Pryor Dole McCaskill Webb Baucus Inouye Pryor Bayh Johnson Reed Whitehouse Dorgan Menendez Bayh Johnson Reed Bingaman Kerry Reid Durbin Murkowski Wyden Bingaman Kerry Reid Boxer Klobuchar Rockefeller Brown Kohl Bond Klobuchar Rockefeller Salazar NAYS—25 Byrd Landrieu Boxer Kohl Salazar Sanders Allard DeMint Kyl Cantwell Lautenberg Brown Landrieu Sanders Schumer Barrasso Domenici Lott Cardin Leahy Byrd Lautenberg Schumer Specter Bunning Ensign McConnell Cantwell Leahy Carper Levin Snowe Stabenow Burr Enzi Sessions Cardin Levin Casey Lieberman Specter Stevens Chambliss Graham Shelby Carper Lieberman Conrad Lincoln Stabenow Tester Coburn Grassley Casey Lincoln Dorgan McCaskill Vitter Webb Cornyn Hagel Collins Lugar Stevens Durbin Menendez Voinovich Whitehouse Craig Inhofe Conrad McCaskill Tester Feingold Murray Crapo Isakson Dorgan Menendez Webb Feinstein Nelson (FL) Wyden Whitehouse NOT VOTING—7 Durbin Murkowski NOT VOTING—7 Feingold Murray Wyden Biden Kennedy Warner Feinstein Nelson (FL) Biden Kennedy Warner Clinton Mikulski Clinton Mikulski Dodd Obama NOT VOTING—7 Dodd Obama The amendment (No. 3395) was agreed Biden Kennedy Warner The amendment (No. 3373) was re- Clinton Mikulski to. Dodd Obama jected. Mr. HARKIN. I move to reconsider Mr. DURBIN. Mr. President, I move the vote, and I move to lay that mo- The amendment (No. 3330) was re- to reconsider the vote. tion on the table. jected. Mr. LEAHY. I move to lay that mo- The motion to lay on the table was Mrs. BOXER. Mr. President, I move tion on the table. agreed to. to reconsider the vote. The motion to lay on the table was Mr. HARKIN. Mr. President, I ask Mr. LEAHY. I move to lay that mo- agreed to. unanimous consent that the remaining tion on the table. The PRESIDING OFFICER. The ma- two votes in the sequence be limited to The motion to lay on the table was jority leader. 10 minutes each. agreed to. Mr. REID. Mr. President, I had a long The PRESIDING OFFICER. Without AMENDMENT NO. 3373 conversation with the Republican leader to determine how we are going to objection, it is so ordered. The PRESIDING OFFICER. The get done what we have to get done. I AMENDMENT NO. 3330 question is on agreeing to the Sessions have discussed with the two managers The PRESIDING OFFICER. The amendment. Are the yeas and nays re- the conversation the Republican leader question is on agreeing to the Vitter quested on the Sessions amendment? and I had. The first thing we are going amendment No. 3330. Mr. HARKIN. I ask for the yeas and to do is get consent at the appropriate Mr. ALLARD. I ask for the yeas and nays. time, which will be in a few minutes, nays. The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Is there a that all first-degree amendments be sufficient second? There is a sufficient filed tomorrow at 1 p.m. I am not ask- sufficient second? second. The clerk will call the roll. There is a sufficient second. ing that consent now. The legislative clerk called the roll. The clerk will call the roll. The managers should know, though, The assistant legislative clerk called Mr. DURBIN. I announce that the the amendments we will need to deal the roll. Senator from Delaware (Mr. BIDEN), with. We will have a finite list of Mr. DURBIN. I announce that the the Senator from New York (Mrs. CLIN- amendments. Senator from Delaware (Mr. BIDEN), TON), the Senator from Connecticut The commitment that the Repub- the Senator from New York (Mrs. CLIN- (Mr. DODD), the Senator from Massa- lican leader, I think, is going to be TON), the Senator from Connecticut chusetts (Mr. KENNEDY), the Senator willing to make is that we finish this (Mr. DODD), the Senator from Massa- from Maryland (Ms. MIKULSKI), and the bill by the time of our caucus lunch- chusetts (Mr. KENNEDY), the Senator Senator from Illinois (Mr. OBAMA), are eons on Tuesday; that is, by noon on from Maryland (Ms. MIKULSKI), and the necessary absent. Tuesday, October 23. That being the Senator from Illinois (Mr. OBAMA) are I further announce that, if present case, we have a lot of work to do. Ev- necessarily absent. and voting, the Senator from Delaware eryone should understand we may have I further announce that, if present (Mr. BIDEN) and the Senator from Mas- a number of votes Monday night. This and voting, the Senator from Delaware sachusetts (Mr. KENNEDY) would each is not going to be come in Monday (Mr. BIDEN) and the Senator from Mas- vote ‘‘nay.’’ night and go out to some event you sachusetts (Mr. KENNEDY) would each Mr. LOTT. The following Senator is have. Everyone should have Monday vote ‘‘nay.’’ necessarily absent: the Senator from night free because we could have a lot Mr. LOTT. The following Senator Virginia (Mr. WARNER). of votes Monday night. Everyone was necessarily absent: the Senator The PRESIDING OFFICER. Are there should understand that. from Virginia (Mr. WARNER). and other Senators in the Chamber de- The following week we have a lot to The PRESIDING OFFICER. Are there siring to vote? do. I have made a commitment to the any other Senators in the Chamber de- The result was announced—yeas 46, chairman of the Agriculture Com- siring to vote? nays 47, as follows: mittee—that bill needs to be marked

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13063 up next week and he has scheduled that Mr. REED. Mr. President, parliamen- citizens can seize the opportunity of for next Wednesday. We have to finish tary inquiry: Is there a pending amend- America, and the greatest opportunity this matter next Tuesday. This avoids ment? is education. a lot of trouble. The PRESIDING OFFICER. There is This legislation also provides an im- I could file cloture on it, and the Re- a pending amendment. portant safety net for many of our low- publican leader knows this better than Mr. REED. Mr. President, I ask unan- income families and our seniors; that I, and we could have a vote on Satur- imous consent to set aside that amend- is, the Low Income Home Energy As- day. We have people not here today. To ment and then call up an amendment sistance Program. We could see a very get everybody here on Saturday is no that has already been filed. severe winter in the Northeast, in the easy thing to do. The PRESIDING OFFICER. Without Northwest, and in the Central Plains of I think what I have suggested here objection, it is so ordered. America. We are also seeing incredibly would be very appropriate. As I said, I Mr. REED. Mr. President, I yield to expensive prices for oil. Without this talked to the Republican leader about the Senator from Iowa. LIHEAP money, we will not be able to this. We would have votes Monday Mr. HARKIN. Just briefly. The Sen- deal with the issue, and countless fami- night. We are going to have whatever ator has called up an amendment. I lies will make difficult choices between votes are necessary Tuesday morning wish to get a consent for Senator literally eating or heating their homes. to complete this legislation and then ALLARD and for Senator LANDRIEU. This legislation, in contradistinction go on about the week’s business that How much time is the Senator intend- to the White House’s proposal, would we would have, which should be a sig- ing to take? maintain, not decrease, LIHEAP fund- nificant week. After next week we only Mr. REED. No more than 10 minutes, ing. have 3 weeks left here until Thanks- and I will try to be less than that. The legislation provides additional giving. We have already scheduled a Mr. HARKIN. Does the Senator from resources—about a billion dollars break at that time. New Jersey also have an amendment? more—for the National Institutes of The PRESIDING OFFICER. The Re- Mr. MENENDEZ. I have been waiting Health. This is vital to our ability to publican leader is recognized. on the floor to speak for about 10 min- do research and to provide new diag- Mr. MCCONNELL. Let me confirm utes, so at some point I wish to be rec- noses and new cures for disease. But it for our colleagues my concurrence with ognized. is something else that is important: It what the majority leader has indicated. Mr. HARKIN. On the bill? provides the infrastructure for research We can finish the bill Tuesday before Mr. MENENDEZ. In part on the bill, in this country. It gives those young the policy luncheons. I have consulted yes. Ph.D.s and M.D.s who are doing re- with Members on my side and we are Mr. HARKIN. Mr. President, I ask search incentives to stay in the field. confident that is an ending that can be unanimous consent that Senator REED Without it, we will not only miss out achieved, which would free up our be recognized to offer his amendment, on the cures, but we will also miss out friend from Iowa and the members of and then Senator ALLARD, and upon on the physicians and researchers who the Agriculture Committee for their the disposition of that amendment, can give us, over the next 20, 30, 40 markup. that Senator LANDRIEU be recognized, years, insight into the problems with I want to concur in what the major- in that sequence, and then after Sen- disease in human beings. ity leader has indicated. I think that is ator LANDRIEU, Senator MENENDEZ be We also are supporting in this bill a goal we can achieve. recognized. the vaccination program. The 317 vac- The PRESIDING OFFICER. The ma- The ACTING PRESIDENT pro tem- cination program, immunization pro- jority leader is recognized. pore. Without objection, it is so or- gram, has been essential to improving Mr. REID. I ask unanimous consent, dered. the public health, particularly the pub- then, that all first-degree amendments Mr. REED. Mr. President, we are cur- lic health of children. This bill sup- be filed on this bill by 1 o’clock tomor- rently debating the Health and Human ports those commitments. row. Services and Education Appropriations It also provides for training and em- The PRESIDING OFFICER. Without Act for fiscal year 2008. Let me com- ployment resources. In a world of objection, it is so ordered. mend Chairman HARKIN and Ranking globalization, where jobs are going Mr. REID. I would say, the managers Member Specter for their great work overseas, we just cannot tell people: have already acknowledged they are on this legislation. Tough luck. We have to give them an going to process more amendments to- As Chairman HARKIN said, this bill opportunity to change their training, night. There will be no more rollcall truly defines America. It defines our change their workplace, to go ahead votes tonight. They will process what Nation’s commitment to our children’s and seize new opportunities. The Presi- amendments they can work out tomor- future through education, it defines dent’s budget diminishes these pro- row also. So I think this is good. our Nation’s compassion to seniors and grams; this legislation increases the It is no secret we are doing our very working families, and it defines our programs. I think that is the right di- best to get this bill finished so we can hopes in many different areas, particu- rection. get it to the President. There has been larly in the area of helping to cure dis- The Job Corps Program—very suc- a lot of preconferencing. I talked to the ease and improve the public health. cessful since the 1960s. We have in Senator from Pennsylvania and the This is an extraordinarily important Rhode Island what I think is the best Senator from Iowa. They have done a piece of legislation. Both Senator HAR- Job Corps center in the country. I just lot of work. KIN and Senator SPECTER have done a had the director in a few days ago talk- The reason I want to try to get this remarkable job bringing it to the floor. ing about how they are being evaluated bill to the President is the concern the Let me highlight a few of the impor- higher and higher in each evaluation President has involves about $22 bil- tant points that I believe should be em- across the country in terms of other lion. More than half of that is in this phasized. Job Corps centers, providing not only bill we have here, so that would be a First of all, the bill increases Head training but jobs. All of their students good place to start to see if we can Start funding, whereas the President’s are walking out into good jobs. These work something out on this bill with budget would decrease it. The legisla- are young men and women who, frank- the President. If we cannot, it cer- tion before us will provide sufficient ly, we haven’t been able to reach before tainly points to where we need to work resources to continue Head Start, this stage. Either they have dropped something out to finish our work on which is an important aspect of giving out of high school or they have had a the appropriations matters for the rest children a chance to succeed earlier in long process to get their GED and to of the year. their lives. It also provides resources get into this program. Some are just There will be no votes tomorrow. The for higher education: Pell grants, the getting their GEDs in this program. first vote will be Monday; 5:30, prob- Leveraging Educational Assistance This program deserves our support. ably. Partnership Program—LEAP Pro- But there is one area in which we The PRESIDING OFFICER. The Sen- gram—TRIO, and GEAR UP. All of have not committed resources; that is, ator from Rhode Island is recognized. those are vital to ensuring that our the Trauma Care Systems Planning

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13064 CONGRESSIONAL RECORD — SENATE October 18, 2007 and Development Act of 2007. Trauma— this very worthy measure. Let me that is, PART—was put in place by the injuries, accidents, falls, automobile thank Senator HARKIN and Senator Congress more than a decade ago. wrecks, recreational mishaps—is actu- SPECTER and particularly their staffs Agencies have had time to work with ally the leading killer of young Ameri- for a bill that I think does speak to the this program under the Clinton admin- cans up to the age of 44. It claims more best of America, and does, in fact, de- istration as well as the Bush adminis- than 140,000 lives and permanently dis- fine, in a very positive way, our most tration. The program directs the agen- ables about 80,000 each year. But only important priorities. cies to set up measurable goals and ob- one in four Americans lives in an area I yield the floor. jectives, and then the Office of Man- served by coordinated systems that The ACTING PRESIDENT pro tem- agement and Budget goes in later on will transfer patients to designated pore. The Senator from Colorado. and evaluates to see if the agency is ac- trauma centers from less-equipped hos- AMENDMENT NO. 3369 TO AMENDMENT NO. 3325 tually meeting those goals and objec- pitals. This is particularly a problem in Mr. ALLARD. Mr. President, I ask tives. rural areas. It affects urban and rural unanimous consent to lay aside the These detailed program assessments communities but particularly the rural pending amendments and call up and the evidence on which they are areas. At the highest risk are those amendment No. 3369 and ask for its im- based are available to the public to people in rural areas. Sixty percent of mediate consideration. view. All they have to do is go to the trauma deaths occur, even though The ACTING PRESIDENT pro tem- www.expectmore.gov. That is the Web there is only 20 percent of our popu- pore. Without objection, it is so or- page you would go to. It is a very good lation, in rural areas—60 percent of the dered. reference for the public, for Members of trauma deaths, 20 percent of the popu- The clerk will report. Congress, or for any agency to know lation. This is a program which is des- The assistant legislative clerk read exactly where they stand as far as perately needed in rural parts of Amer- as follows: their performance standards are con- ica. The Senator from Colorado [Mr. ALLARD] cerned. The Trauma Care Systems Planning proposes an amendment numbered 3369 to These assessments represent the and Development Act is an important amendment No. 3325. combined wisdom of career officials. building block to an improved national Mr. ALLARD. Mr. President, I ask This is not a political process. These network of care across the country. unanimous consent that the reading of are objective evaluations done by career officials at agencies and OMB, the This program would allow for planning, the amendment be dispensed with. Office of Management and Budget, and infrastructure development, and stand- The ACTING PRESIDENT pro tem- are based on evidence of that program’s ards development to determine the pro- pore. Without objection, it is so or- performance. Programs assessed with cedures that are most appropriate to dered. the PART receive an overall rating. do this. It would also require coordina- The amendment is as follows: The best rating they can get is ‘‘effec- tion with Federal agencies. It is a sen- (Purpose: To reduce the total amount appro- tive,’’ then it goes to ‘‘moderately ef- sible investment in a systemic ap- priated to any program that is rated ineffective,’’ ‘‘adequate,’’ then it goes to proach to trauma care. I believe it is fective by the Office of Management and Budget through the Program Assessment ‘‘results not demonstrated,’’ and fi- very important. Rating Tool (PART) nally to ‘‘ineffective,’’ the lowest rat- AMENDMENT NO. 3360 TO AMENDMENT NO. 3325 At the appropriate place, insert the fol- ing. This amendment tries to address As a result, I ask unanimous consent lowing: the lowest rating, which is ‘‘ineffec- to call up amendment No. 3360. SEC. ll. Notwithstanding any other pro- tive.’’ The ACTING PRESIDENT pro tem- vision of this Act, the total amount appro- While a program’s overall rating pore. Without objection, it is so or- priated by this Act for any program for should not be the sole determinant of which the most recent rating available on dered. funding, Congress should prioritize The clerk will report. the date of enactment of this Act by the Of- fice of Management and Budget through the funding programs that perform well. The assistant legislative clerk read Program Assessment Rating Tool (PART) is Ineffective programs in particular as follows: ‘‘ineffective’’ shall be reduced by 10 percent. should be scrutinized to determine The Senator from Rhode Island [Mr. REED] Not later than 30 days after the date of en- whether the resources they use could proposes an amendment numbered 3360 to actment of this Act, an amount equal to the be better spent elsewhere and whether amendment No. 3325. aggregate amount of any such reduction their goals could be achieved through The amendment is as follows: shall be deposited in the account established other means. under section 3113(d) of title 31, United (Purpose: To provide funding for the trauma When determining where to invest re- States Code, to reduce the public debt. sources, Members of Congress can look and emergency medical services programs Mr. ALLARD. Mr. President, my administered through the Health Re- to the PART Program for important amendment cuts 10 percent of the fund- sources and Services Administration) information: ing under this bill for programs labeled On page 59, line 22, insert before the colon No. 1, does the program address an the following: ‘‘, of which $6,000,000 shall be ‘‘ineffective’’ under the OMB—the Of- existing problem, interest, or need? made available to the Administrator of the fice of Management and Budget—PART Those that do not should not be funded. Health Resources and Services Administra- Program and transfers the funding to The other question to be asked: Does tion to carry out trauma and emergency an account previously established to the program have performance goals medical services programs’’. pay down the national debt. that relate to the outcomes the Amer- Mr. REED. This amendment would Now, I do not believe I am being pre- ican people want? Those that do not provide $6 million for the program. It is sumptuous when I say that most of us may not be worthwhile investments of fully offset. It is a small amount of in this body would like to reduce taxpayer dollars. funding to improve and expand the spending. Where to cut is the question Do independent, rigorous evaluations availability of trauma care across the we fight over. So that is where the demonstrate that the program is effec- country, particularly in rural areas, to fight exists. Now, given ballooning tive? If not, Congress may want to re- ensure all areas are equipped with ap- Federal spending and the Federal debt, consider whether to fund the program. propriate emergency and medical serv- this amendment lets us make an easy If evaluations have not been conducted, ices, thus improving the survival rate choice to cut spending. It has to start Congress may want to consider invest- and recovery rate for injured patients. with programs that cannot even justify ing some money in an evaluation to de- Trauma care is not only critical to their mission or success internally. termine if the program is having its in- providing timely access to lifesaving In case you are unfamiliar with the tended impact. interventions, it is central to our na- PART Program in general, let me give Is the program working to improve tional security and disaster prepared- you some background. When making its performance is another question we ness. It is an essential component of funding decisions, Members of Congress ask. A program that does not have an our overall health care system and should consider what they are buying improvement plan in place or is not something I believe we have to do. for the taxpayer. Funded programs working aggressively to improve may I hope that at the appropriate time should be effective and efficient. So the not be the best investment of re- my colleagues will be able to support Program Assessment Rating Tool— sources.

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13065 Another question: If an increase in It is not an onerous amendment. It is member how expensive health care can funding is requested for a program, has trying to bring accountability to Gov- be. There are families who work every the program explained how the addi- ernment programs we have passed. day in some of the toughest jobs, but tional funding will affect its perform- I yield the floor. their jobs don’t offer health care, and ance? Programs that cannot articulate The ACTING PRESIDENT pro tem- their paychecks would not let them af- how they will use their resources sim- pore. The Senator from New Jersey. ford private coverage. That is why the ply are not the best candidates for in- Mr. MENENDEZ. Mr. President, I ask Federal Government and the States vestment. unanimous consent to amend the pre- teamed up to start the State Children’s So that is what the PART Program is vious unanimous consent agreement so Health Insurance Program or what is all about. It is a good program, and it I may speak next and the Senator from commonly referred to as SCHIP. is being implemented more and more Louisiana, Ms. LANDRIEU, will speak This year Democrats and Repub- throughout the agencies. Some of the after me. licans came together to pass a bill that PART findings are programs that have The ACTING PRESIDENT pro tem- would continue to provide health care been ineffective. I would like to look at pore. Without objection, it is so or- to the 6 million children already en- a few of those. dered. rolled and will expand the program to Take the Health Professions Pro- Mr. MENENDEZ. Mr. President, yes- include a total of 10 million children gram, for example. One study found terday I began to speak about what the across America. We knew we had to be- that only 1.5 percent of the physicians failed war in Iraq is costing us at home cause the children who fall into the trained by institutions receiving the to mark the fifth anniversary of wide abyss between Medicaid and pri- program’s family medicine training Congress’s capitulation to the war. As vate coverage are depending on us. But grant provided health care in areas we debate the Labor-HHS appropria- on October 3, millions of children got with a physician shortage, compared to tions bill, I can’t think of a better mo- some terrible news. President Bush had 1.1 percent of physicians trained by ment to return to the cost of this war. vetoed the bill. He did it silently and other institutions. So there is only a Let me begin by saying again we are secretly, with no cameras allowed to watch as he condemned millions of four-tenths of a percent performance aware of the human cost of the war: children to a lack of coverage with a difference. So the question comes up: 3,816 Americans are dead; more than 28,000 have come back home wounded. single stroke of his pen. What is the program accomplishing? Today families across America were PART found no evidence that the Ra- Iraqis have died in even greater num- waiting to see if Congress had the diation and Exposure Screening and bers. Millions have fled their homes. moral resolve to override that veto. The United States has been involved in Education Program reaches the max- Some of our colleagues who cast deci- the war for longer than we fought imum number of beneficiaries or the sive votes against children’s health World War II. We all know the Iraq war beneficiaries who are at the greatest raised the question of whether the bill is a human calamity of vast propor- risk. There is not even an estimate of was financially reasonable, whether 10 tions. It can be harder to visualize the the number of people potentially af- million uninsured American kids were direct damage that comes from the fi- fected by uranium and nuclear testing worthy of funding. President Bush said nancial cost of the war. We are paying activities and where they might live. they were not. Many of my colleagues These are only a few of the programs for this war with borrowed money, who voted against children’s health that have been looked at by the PART burying ourselves in massive debt, se- have repeatedly decided to vote for Program. They provide the information verely threatening the future of our continuing the failed war in Iraq. Right Members of Congress need to evaluate country. now I wish to speak directly to all of whether programs are ineffective. We know we have spent more than them. If we are talking about what is Some of these are programs I have sup- $450 billion on this war so far, and we financially reasonable, let’s take a ported. I am sure there are programs continue to spend about $10 billion very close look at the stark contrast in that are not doing well, and I think we every month. That doesn’t add up to a cost between children’s health and the need to take a close look at them. That stack of bills that could have been sitting in the Treasury. It is equipment at failed war in Iraq. is all we are asking with this amend- The total cost of expanding chil- ports that scan nuclear weapons and ment. dren’s health is $35 billion over 5 years The amendment before us addresses a other measures that actually make the for 10 million children. How many dol- portion of discretionary spending. I ask homeland more secure. It is children lars per child does this cost us every Members to support this amendment as healed with better health care. It is day? Depending upon which State you we deal with discretionary spending more teachers in school, better train- live in, the answer is as little as $3.50 a areas where the PART Program is ing for jobs, energy that is clean and day, about the cost of a latte at being applied. The overall purpose of doesn’t strengthen repressive regimes Starbuck’s. Iraq costs us $10 billion per the amendment is to pay down the Fed- in the Middle East, payments of our month. That means with 31⁄2 months of eral debt, currently over $9 trillion, debts so future generations will inherit Iraq funding, the total expansion in and eliminate Government waste by re- a country that is financially viable. this bill would have been paid for. That ducing spending on programs rated in- The Bush administration likes to is what the war costs—health care for effective by the Office of Management parrot the line: We are fighting them 10 million children versus 31⁄2 months of and Budget PART Program. This is over there so we don’t have to fight what we spend in Iraq. through the career professionals in the them here. But when we add it all up, The impact of this bill would have agencies. This is not driven by any the bottom line is clear: The adminis- been enormous in many States, includ- kind of political agenda. tration’s motto really is: We are spending my State of New Jersey, where That is what my amendment is all ing all our money over there so we families have to pay some of the high- about, saving taxpayer dollars in a re- don’t spend it here. est health care costs in the Nation. It sponsible way. It is about forcing man- Yesterday I spoke about how much would have helped support the State in agers of these programs to put in effec- we could accomplish to safeguard our keeping 124,000 New Jersey children in- tive goals and objectives so that they homeland against terrorists if we spent sured. It would have covered as many accomplish what the legislation in- a fraction of the money we have as 100,000 additional children in my tended when the Congress passed it. I dumped into the war that makes no State. In the bill, New Jersey would ask my colleagues to join me in trying sense. Today I would like to speak have received about $350 million next to bring forward more accountability about what the failed war in Iraq has year alone to cover working families in the programs we have passed. This is cost us in terms of our health; specifi- and children. This program has given a wonderful tool we have for whatever cally, the health of our children. Today New Jersey families that cannot afford administration is in control. This is a the House of Representatives consid- private coverage the peace of mind to direct message to the agencies to get ered whether to support a bill to pro- know that children have health care. their act in order because we are con- vide health insurance for children. President Bush has told those children: cerned about how taxpayer dollars are Every time we go to the doctor or fill No, you don’t deserve the Federal Gov- being spent. a prescription at the pharmacy, we re- ernment’s strong support, even though

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13066 CONGRESSIONAL RECORD — SENATE October 18, 2007 this country spends $330 million in Iraq health care coverage for our children. The ACTING PRESIDENT pro tem- every day. Again, every single day in But one thing they have not yet pore. Without objection, it is so or- Iraq, we spend roughly the amount of emptied out is our vast treasury of dered. money it would take to get tens of hope. It is tragic to think what might The amendment is as follows: thousands of New Jersey children cov- have been, but it is not too late to be- On page 49; line 1: strike the colon and in- erage for a full year. lieve in what we can become. sert ‘‘Provided further, that, of the funds pro- I wish he had to look every child in I yield the floor. vided to the Child Trauma Stress Network the eye to tell them that. But that is The ACTING PRESIDENT pro tem- Initiative, priority shall be given to those what the war costs: Health insurance pore. The Senator from Louisiana. centers, that previously received grants, that provide mental health services to chil- for New Jersey children versus one day AMENDMENT NO. 3402 TO AMENDMENT NO. 3325 in Iraq. In fact, for the amount Con- dren affected by Hurricane Katrina and/or Ms. LANDRIEU. Mr. President, in a Rita.’’ gress has spent on the failed war in few minutes I am going to offer an Ms. LANDRIEU. Mr. President, I un- Iraq, we could provide 2 years of health amendment and ask for its consider- derstand the managers have cleared it. coverage for all of the 47 million Amer- ation. It is an important amendment, I ask for it to be accepted now. icans who don’t have health insurance, although it is quite small and has vir- The ACTING PRESIDENT pro tem- who play Russian roulette every day tually no impact on the underlying pore. Is there further debate on this with their lives and their wallets, and cost of this bill, which is why I believe amendment? still have $30 billion left over. We could I can bring it with good faith to the The Republican leader is recognized. have provided health care coverage for Members for their consideration. It UNANIMOUS CONSENT REQUEST—S. 2128 all of the 47 million Americans who does not add a penny to the underlying don’t have health coverage today. That Mr. MCCONNELL. Mr. President, in bill, but it does send some directive just 13 days the Internet tax morato- is what the war costs: Health care cov- language to SAMHSA, which is the erage for every single American family rium will expire. If Congress has not agency that funds mental health and acted by then, State and local govern- versus the failed war in Iraq. substance abuse programs for our coun- Here is the question we have to ask ments will be free to impose new taxes try. Because of the good work of Sen- ourselves as legislators, as Americans, on Internet access—and trust me, they ator HARKIN and Senator SPECTER, as human beings: Is a child to get more will. there is an increase in funding for this benefit from a dollar spent keeping our We need to be straight with the important program. This money is military in Iraq to referee a civil war American people about what is hap- given out in grants through competi- or a dollar spent on their health insur- pening. The majority wants to preserve tive bids and has been ongoing for some ance? Is she going to be better served at least the possibility of taxing access time. I don’t know exactly the year the by oil injected in an Abrams tank or by to the Internet. program was authorized and com- a vaccine a nurse injects in her arm to The Internet has literally trans- menced, but it has been a fairly long- save her from measles? Is her life going formed this country. It has cleared new standing program and usually gets to be improved by missiles in the pathways to learning for rich and poor. good marks. desert or antibiotics in her medicine It has brought a level of efficiency and This particular amendment would di- cabinet; more troops on the streets of innovation to the shop floor, the home, rect the Agency to give consideration Baghdad or more doctors in the hos- and the corner office that were un- to programs providing mental health pital down the block; multimillion dol- imaginable just a decade ago. Just services to children and families in the lar bombs that rain down on Iraqi think of the millions of middle-class gulf coast area. It seems, for some rea- neighborhoods with surgical precision Americans who have lifted their for- son, a very effective program that had or orthopedic surgery for a disease tunes through online auction sites or received some funding in the past few such as cerebral palsy that would mean made their first stock purchases over years—that is the only program oper- the difference between a debilitated online trading sites. ating in the gulf coast region that is life in a wheelchair and being able to The Internet has been at the heart of giving support and counseling and clin- walk and run and play with other chil- America’s economic growth over the ical services to a population of children dren at school? past decade—all because Government How dare we take money from her and adults, but this is for children lit- has not gotten in the way. But those family and borrow money from foreign erally traumatized by the catastrophic days are over if the people on the other countries to spend it on a war that disaster, not only in my State but Mis- side of the aisle in the Senate open the makes no sense, while leaving her on sissippi, somewhat in Texas, and Ala- Internet to new taxes. her own to fight diseases and injuries bama—was not considered to be a pri- We cannot let that happen. For the that might very well claim her life. ority. sake of our economy, for the sake of It is hard to think of a more grievous So my amendment will basically di- our competitiveness, for the sake of act on the part of this Government rect the agency to consider programs consumers who don’t want to see new than abandoning those children in operating in the gulf coast area that taxes on their bills, we need to ban order to prolong a war. The vote to are serving children who have very taxes on Internet access permanently. override President Bush’s veto was not good records, to provide a priority for The House of Representatives has only about political responsibility. It them. sent us a bill that would extend the was not only about constitutional re- If I could, I would like to send the moratorium for 4 years. Frankly, I do sponsibility. It was a question of right amendment to the desk now. It simply, not think that is nearly long enough. If and wrong. Let’s remember the admin- as I said, establishes a priority for we all agree that taxing Internet ac- istration motto: Spend all our money these programs, and it adds no money cess hurts consumers, hurts innova- over there so we don’t have to spend it to the bottom line of this bill. tion, hurts broadband development, here. In my mind, that is as wrong as I send the amendment to the desk why should we stop at 4 years? Why not it gets. and ask for its immediate consider- keep the Internet tax free forever? I will continue to speak out on what ation. So I say to my friends on the other else this war is costing us here at home The ACTING PRESIDENT pro tem- side, the clock is ticking. If you object in terms of education and jobs and pore. The clerk will report the amend- to considering the Sununu bill to make green energy, helping the middle class ment. the moratorium permanent, let’s take make ends meet and the financial sta- The assistant legislative clerk read up the House-passed bill with a couple bility of our Nation that our children as follows: of relevant amendments in order. One will inherit. America deserves to know The Senator from Louisiana [Ms. LAN- would make the moratorium perma- what we could have achieved had this DRIEU] proposes an amendment numbered nent and, failing that, one would ex- horrible war never happened. The ad- 3402 to amendment No. 3325. tend it for substantially longer than a ministration has spent down our fi- Ms. LANDRIEU. Mr. President, I ask mere 4 years. nances, mortgaged the future. Repub- unanimous consent that reading of the We can debate these amendments licans in the House have voted down amendment be dispensed with. quickly and vote—to see where the

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13067 Senate stands on this very important of Congress and post on the Internet website AMENDMENT NO. 3375 question of keeping the Internet free of of the Department of Education, a report (Purpose: To provide funds for partnership onerous taxes. concerning— grants for teacher preparation under title We could do it this week or next (1) the total number of Department of Edu- II of the Higher Education Act of 1965) cation employees, including employees who week—but the Senate must act before At the end of title III, insert the following: salaries are paid by the Department but are SEC. ll. (a) In addition to amounts other- the moratorium expires in 13 days. And employed by contractors or grantees of the wise appropriated under this Act, there are it is my intention to have a vote on the Department; appropriated, out of any money in the Treas- question of whether the moratorium (2) the total number, and percentage, of ury not otherwise appropriated— should be extended permanently or such employees who have previously worked (1) $6,000,000 to carry out the programs for merely for another 4 years. in a classroom as a teacher or a teacher’s as- baccalaureate degrees in science, tech- Mr. President, I ask unanimous con- sistant; nology, engineering, mathematics, or crit- sent that the Senate proceed to the im- (3) of the employees who have worked in a ical foreign languages, with concurrent classroom, the average number of years of mediate consideration of Calendar No. teacher certification under section 6113 of time spent as an instructor; the America COMPETES Act (Public Law 401, S. 2128, the permanent moratorium (4) the total dollar amount, and overall 110–69); and on the Internet tax bill. I ask unani- percentage of the Department of Education (2) $4,000,000 to carry out the programs for mous consent that the bill be read a funding, that is expended— master’s degrees in science, technology, en- third time and passed, the motion to (A) in the classroom; gineering, and mathematics, or critical for- reconsider be laid upon the table, and (B) on student tuition assistance; eign language education under section 6114 of that any statements relating to the (C) on overhead and administrative costs the America COMPETES Act (Public Law and expenses; and bill be printed in the RECORD. 110–69). (D) on Congressionally directed spending (b) Notwithstanding any other provision of The ACTING PRESIDENT pro tem- items, including the administrative costs of this Act, amounts made available under this pore. Is there objection? administering such earmarks; and Act for the administration and related ex- Ms. LANDRIEU. Yes, Mr. President, (5) a listing of all of the programs run by penses for the departmental management of there is objection. On behalf of Senator the Department of Education and the total the Department of Education, shall be re- CARPER, I object. budget and most recent evaluation of each duced by $10,000,000. The ACTING PRESIDENT pro tem- such program, and a notation if no such eval- Mr. HARKIN. Thank you, Mr. Presi- pore. Objection is heard. uation has been conducted. dent. AMENDMENT NO. 3402 AMENDMENT NO. 3337 We just disposed of four more amend- Ms. LANDRIEU. Now, Mr. President, (Purpose: To express the sense of the Senate ments. Obviously, there will be no I understand the previous amendment regarding science teaching and assessment) more business tonight. The leader al- has been cleared. I ask for its adoption. At the end of title III, insert the following: ready said there would be no more The ACTING PRESIDENT pro tem- SEC. lll. SENSE OF THE SENATE REGARDING votes. Our staffs and I will continue to pore. If there is no further debate, SCIENCE TEACHING AND ASSESS- work through these amendments. But MENT. we will be in tomorrow, and we will be without objection, the amendment is (a) FINDINGS.—The Senate finds that there agreed to. disposing of amendments tomorrow. So is broad agreement in the scientific commu- if Senators have amendments to this The amendment (No. 3402) was agreed nity that learning science requires direct in- bill, and they want them offered, I sug- to. volvement by students in scientific inquiry Ms. LANDRIEU. I move to reconsider and that such direct involvement must be in- gest that tomorrow would be a good time to do it. the vote, and I move to lay that mo- cluded in every science program for every science student in prekindergarten through We will not be in Monday until about tion on the table. 5:30. And then we will have votes on The motion to lay on the table was grade 16. (b) SENSE OF THE SENATE REGARDING THE Monday night on pending amendments. agreed to. NATIONAL ASSESSMENT OF EDUCATIONAL So if amendments are offered tomor- Ms. LANDRIEU. I suggest the ab- PROGRESS 2009 SCIENCE TEST.—It is the sense row, and votes are needed, we can sence of a quorum. of the Senate that— stack those votes for Monday night. The ACTING PRESIDENT pro tem- (1) the National Assessment of Educational I will just say the door will start pore. The clerk will call the roll. Progress (NAEP) 2009 Science assessment closing after tomorrow because Mon- The assistant legislative clerk pro- should reflect the findings of the Senate de- day night we will be voting. We will be ceeded to call the roll. scribed in subsection (a) and those expressed in section 7026(a) of the America Creating in Tuesday morning probably at the Mr. HARKIN. Mr. President, I ask usual hour—that is up to the leader- unanimous consent that the order for Opportunities to Meaningfully Promote Ex- cellence in Technology, Education, and ship to decide—but then the final pas- the quorum call be rescinded. Science Act; and sage of this bill will be at noon on The ACTING PRESIDENT pro tem- (2) the National Assessment Governing Tuesday. So I say to Senators, if they pore. Without objection, it is so or- Board (NAGB) should certify that the Na- have amendments they want to have dered. tional Assessment of Education Progress 2009 considered, I would say tomorrow AMENDMENTS NOS. 3323, 3337, 3355, AND 3375 TO Science framework, specification, and as- would be an excellent time; otherwise, AMENDMENT NO. 3325, EN BLOC sessment include extensive and explicit at- the door is going to close very rapidly, Mr. HARKIN. Mr. President, we have tention to inquiry. and they will not be able to offer those (c) REPORT.—The National Assessment four amendments that have been Governing Board shall submit a report to the amendments and to get any debate or a agreed to on both sides, cleared. I ask Committee on Health, Education, Labor, and vote on them prior to noon on Tuesday. unanimous consent that they be con- Pensions of the Senate describing whether So with that, Mr. President, again, I sidered and agreed to en bloc. They are the certification described in subsection yield the floor. amendments Nos. 3323, 3337, 3355, and (b)(2) has been made, and if such certifi- ADVANCED PLACEMENT 3375. cation has been made, include in the report Mr. BINGAMAN. I would like to The ACTING PRESIDENT pro tem- the following: thank the chairman and ranking mem- pore. Without objection, the amend- (1) A description of the analysis used to ar- ber for putting together an excellent rive at such certification. bill and bringing this critical legisla- ments are considered en bloc and (2) A list of individuals with experience in agreed to en bloc. inquiry science education making the cer- tion to the floor. This bill is a major The amendments were agreed to en tification. step forward in strengthening education, health care, and job training in bloc, as follows: AMENDMENT NO. 3355 AMENDMENT NO. 3323 this country. As the chairman knows, (Purpose: To allocate funds to the Traumatic this Congress recently passed the (Purpose: To provide an annual report card Brain Injury (TBI) Model Systems of Care for the Department of Education) Program) America Competes Act—comprehensive legislation designed to ensure the At the appropriate place in title III, insert On page 88, line 16, strike the period and the following: insert ‘‘: Provided further, That $8,400,000 United States remains competitive in SEC. ll. Notwithstanding any other pro- shall be used to carry out the Traumatic the 21st century economy. I believe the vision of this Act, the Secretary of Edu- Brain Injury (TBI) Model Systems of Care cornerstone of this legislation is its ef- cation shall, not later than September 30, Program and to sustain at least 16 TBI fort to strengthen math and science 2008, submit to the appropriate committees Model Systems Centers.’’. education in this country.

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13068 CONGRESSIONAL RECORD — SENATE October 18, 2007 Mr. HARKIN. I agree. Strong math make them more employable for high ing needed to ensure that workers can and science education is critical if we, wage, quality jobs. The House-passed get the training and services they need as a nation, are going to continue to Labor-HHS spending bill includes a $335 to compete for 21st century jobs. have a skilled and educated workforce million rescission of WIA funds as pro- The Workforce Investment Act statu- that can compete in the global econ- posed by the administration. This po- torily provides States 3 years to spend omy. tential cut would devastate the various the funds allocated to them. This flexi- Mr. BINGAMAN. As the chairman efforts in place to reinvigorate Michi- bility allows States to assess their knows, the National Academy of gan’s economy and workforce right at unique needs, the needs of their unem- Sciences reported that students in the the time when our Governor is making ployed workers, and to adequately plan United States are simply not keeping great strides towards the goal of dou- innovative initiatives, training pro- up with their international peers in the bling the number of workers trained grams, and services for the workforce. areas of math and science. The Na- for high-demand jobs in the State. I believe the rescission of funds pro- tional Academy recommended training In Michigan, we are using WIA dol- posed by the House of Representatives an additional 150,000 advanced place- lars to create scholarships for workers would be unfair to those programs that ment, AP, and pre-AP instructors, and who want to attend State colleges, we have appropriately obligated funds at to quadruple the number of students are counseling workers on skill devel- the State and local levels to serve who take AP math or science courses opment and the importance of fur- workers in need. to 4.5 million by 2010. Is the chairman thering their education, and we are The committee expects to provide aware that America Competes makes a performing skill assessments that help sufficient funds for this program and downpayment on this recommendation workers decide what level of training will work towards securing the funding and authorizes a program to increase they should pursue. All of these serv- in the final bill. I thank the distin- the number of students in high-need ices need to be available to workers in guished Senators from Michigan, and I schools taking AP and international my State. will be happy to work with them in baccalaureate, IB, classes in math, Michigan workers have been hit hard conference on this important matter. science, and critical foreign languages? by layoffs and I am proud that the Mr. SPECTER. I agree with Senator Mr. HARKIN. I am aware of that pro- committee has decided to support HARKIN. WIA was passed in 1998 to vision, and point out that America workers in my State and in all States unify this country’s fragmented em- Competes also recognizes that other with the resources and benefits that ployment and training system. Since highly rigorous, evidence-based, post- they need so that they can continue to then it has impacted the lives of mil- secondary preparatory programs can support their families. I hope to see lions. Our subcommittee seeks to con- also qualify for funding under this au- this body continue to work towards tinue the Senate’s commitment to our thorization. full restitution of these funds in a final nation’s workers; they are the heart Mr. BINGAMAN. Yes, and the chair- bill. It is the right thing to do for our and soul of our economy. man’s support for this provision was Nation’s workforce system. Ms. STABENOW. I thank the distin- critical to its passage. I’d also like to Mr. LEVIN. Mr. President, I also guished chairman and ranking member thank the Chairman and Ranking want to thank the chairman and rank- of the subcommittee. Member for increasing funding for Ad- ing member for their leadership and co- Mr. LEVIN. I thank the Senators as vanced Placement programs in this operation in ensuring that the Senate well. mark to $42 million. As the Chairman continues its commitment to training COMMUNITY INNOVATIONS FOR AGING IN PLACE knows, the House FY 08 Labor HHS workers through the Workforce Invest- Ms. MIKULSKI. Mr. President, I Education Appropriations bill in- ment Act. I ask for their continued would like to first thank the chairman creases funding for AP to $50 million. I support on this important issue in con- and ranking member of the Appropria- ask the Chairman if he thinks it’s a ference. I, too, am pleased to see that tions Subcommittee on Labor, Health good idea to increase AP to at least $50 my colleagues have rejected efforts to and Human Services, and Education, million in the final bill that emerges pull these critical funds away from and Related Agencies for doing a won- from Conference, and use this addi- States that are attempting to plan and derful job drafting a spending bill for tional increase to fund the provisions use them for their own specific work- fiscal year 2008 that makes a true com- in America Competes. force development needs. mitment to the priorities of so many Mr. HARKIN. I think that is a good The Workforce Investment Act pro- Americans across the country, espe- idea, and will work with the ranking vides many opportunities to workers in cially our older Americans. Close to 90 member and my colleagues in the my home State of Michigan who have percent of all seniors in this country House to try to achieve that goal. been laid off and are seeking a new want to or, by necessity, will remain Mr. SPECTER. I agree and will work start. The cuts proposed by President living in their homes, even as they with the chairman. Bush could have cost my State close to grow frail. That is why I created a new, Mr. BINGAMAN. I thank the chair- $11 million; that is 7,500 workers who innovative program in the Older Amer- man and ranking member for their sup- would not receive training and several icans Act Amendments of 2006 called port of this critical program. local workforce agencies that could po- the Community Innovations for Aging WORKFORCE INVESTMENT ACT tentially close their doors and no in Place. Are the chairman and rank- Ms. STABENOW. Mr. President, I longer serve Michigan communities. ing member aware of this program? rise to engage in a colloquy with the This cut would have cost workers in all Mr. HARKIN. Yes. I think this is a distinguished senior Senator from of our States. The loss of benefits and great program. Because the vast major- Michigan and the distinguished chair- services during hardship is too great a ity of our seniors are aging in place, man and ranking member of the Labor- burden for us to place on our citizens’ the Community Innovations for Aging HHS Appropriations Subcommittee. As backs. in Place program will help leverage this body debates this spending bill, I I want to thank the comittee for renew, human, financial, and neighbor- would like to start by thanking Sen- jecting efforts to drain this program of hood resources for the benefit of our ator HARKIN, Senator SPECTER and the needed dollars. The Governors will seniors’ health, independence, and other members of the Senate Com- thank us, the State and local work- quality of life. mittee on Appropriations for sup- force agencies will thank us, and most Mr. SPECTER. I agree with the porting the Workforce Investment Act importantly, the worker who is trying chairman and senator from Maryland. in this bill. The Workforce Investment to better himself or herself and gain This program is important because it Act is a critical program for workers employment will be able to do so be- promotes independence and healthy across the country in need of training cause of our actions here. aging by engaging seniors before a cri- and education benefits. Mr. HARKIN. I thank both of my col- sis and responding to their changing WIA brings essential resources to my leagues from Michigan for their con- needs over time. home State of Michigan, where hun- cern and support of WIA. I agree that Ms. MIKULSKI. The chairman and dreds of workers are ready and willing the Workforce Investment Act should ranking member are right. The Com- to begin job-training programs that be provided the adequate level of fund- munity Innovations for Aging in Place

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13069 program provides community-based bottom line is that America faces a ucts. We ought to be thinking about— services by supporting partnerships be- huge shortage of homegrown, highly and debating—the type of legislation tween government and health and trained scientific minds. The Beyond that will pass muster on both ends of human services providers in caring for the Aquarium Program will inspire Pennsylvania Avenue. We owe that to the nation’s elderly. The federal gov- children to take an interest in science. our constituents and to the American ernment needs to be able to fund pro- I applaud the Senator from Okla- people. grams that work not only through gov- homa in his efforts to obtain additional I would also like to address other ernment but through nonprofit organi- funding for IDEA. There is no Senator concerns I have with the legislation. zations. That is why I would like to ask who is more supportive of fully funding The committee-reported bill contains the chairman and ranking member if IDEA than myself. Over the years, I stem cell language that overturns they support implementation of the have worked with Senators HAGEL, Presidential order, making more em- Community Innovations for Aging in DODD, ROBERTS, and HARKIN to ensure bryonic stem cell lines available for Place program? that Congress provide the highest pos- Government research funding. Cur- Mr. HARKIN. I do support implemen- sible funding for part B of IDEA. Unfor- rently, only embryonic lines created tation of this innovative program. I as- tunately, Congress has never come before July 9, 2001, are eligible for Fed- sure the senator from Maryland that I close to meeting the 40-percent com- eral funding. This legislation would ex- will do my best to find funding for the mitment to fund the cost associated tend that date until June 15, 2007. I do Community Innovations for Aging in with this legislation, although progress not support this provision as part of Place program during the conference has been made the last several years. I this vehicle. Earlier this year, we had a process. encourage the good Senator from Okla- larger debate on the stem cell issue. I Mr. SPECTER. I agree and will sup- homa to join me and others as a co- believe that we owe it to the American port these efforts, as well. sponsor of S. 1159, the IDEA Full Fund- public to work on real solutions to this Ms. MIKULSKI. I sincerely thank my ing Act. situation and not just keep moving a colleagues from Iowa and Pennsylvania I am proud to stand up in support of potential date. For these reasons, I was for addressing this issue that touches this worthy project. pleased to hear yesterday that the bill so many older Americans. Mr. ENZI. Mr. President, I rise today manager decided to remove this provi- Mr. KERRY. Mr. President, today I to address the pending legislation, the sion from the underlying committee- filed an amendment which may provide Labor, Health and Human Services, reported legislation. up to $2.5 million in additional funds and Education Fiscal Year 2008 appro- The committee-reported bill also ad- for the Fire Fighter Fatality Investiga- priations legislation. While this legis- dresses funding for September 11 work- tion and Prevention Program, con- lation is very well intentioned, regret- ers. Specifically, this legislation pro- tained within the National Institute fully, I oppose the bill as it is currently vides an additional $55 million for for Occupational Safety and Health. drafted. treatment, screening and monitoring The account for this funding is Other The legislation we are currently de- for 9/11 related health issues. This is in Occupational Safety and Health Re- bating totals approximately $149 bil- addition to the approximately $45 mil- search. The funding, which can be used lion in discretionary spending for fiscal lion that was included in the emer- across the United States, will be used year 2008. This is roughly $9 billion gency war supplemental earlier this to allow the agency to more effectively above the level requested by President year. In addition, this legislation for and comprehensibly investigate fire Bush. Mr. President, $149 billion sounds the first time expands funding to cover fighter fatalities, so that the cause of like a lot of money, but total spending all city residents. The HELP Com- fatalities may be identified and future in the legislation is actually much mittee has been looking into this issue fatalities may be avoided. The inspec- higher—about $605 billion when the for well over a year. We should agree tor general for the Department of mandatory spending is accounted for. on the facts regarding worker health Health and Human Services found that This legislation funds the Depart- before we broadly expand current flat funding for the program since 1998 ments of Labor, Health and Human spending to cover residents. In addi- has resulted in a reduced number of in- Services, Education, as well as a host tion, there are substantial unspent vestigations over time. As a result, of smaller agencies. I know that all of funds already available: out of a total NIOSH has to prioritize certain types my colleagues want to ensure these of $92 million in fiscal years 2006 and of investigations. The inspector gen- agencies are properly funded and 2007, and currently proposed under the eral concludes that limited resources staffed, so that Federal programs have President’s 2008 budget, grantees have are a significant constraint which lim- the resources they need to properly actually drawn down just $2 million in its the program’s effectiveness. function. But the level of spending in payments on fiscal year 2006 funds. I urge my colleagues to support this this legislation is excessive, and will This legislation also cuts funding for amendment. add to the huge financial burden we are the Office of Labor and Management Mr. WARNER. Mr. President, I rise leaving for our children and grand- Standards—known as OLMS—by $2 today to respond to amendment No. children. So while this legislation is million, from $47.7 million to $45.7 mil- 3322 offered by my good friend the jun- well intentioned, I can not support it lion, while the President’s request is ior Senator from Oklahoma. As you as it is currently drafted. $56.8 million. OLMS is responsible for know, the amendment of the Senator My understanding is that, for a vari- overseeing union disclosure and corrup- from Oklahoma would, among other ety of reasons, the President will veto tion. This may seem like a small things, strike $150,000 in Federal funds the legislation. The administration has amount of money considering the scope that I helped provide for a worthy ini- been vocal about their concerns since of the overall legislation, but cutting tiative in the Commonwealth of Vir- the fiscal year 2008 budget resolution funds targeted for policing corruption ginia called the Virginia Aquarium and was considered earlier this year, so this as a ‘‘cost saving’’ measure isn’t a good Marine Science Center’s Beyond the veto threat should not come as a sur- way to build credibility with the Amer- Aquarium Program. prise to my colleagues. The Senate has ican people. We must do better. With The Beyond the Aquarium Program been on notice. We need to move past Sarbanes-Oxley, we made big business is a hands-on, educational outreach the political theatrics associated with more transparent. We need to do the program that brings science directly this bill and other appropriations legis- same thing with big unions. The Office into K–12 classrooms. As we know, lation, and get to work on the real of Labor and Management Standards school field trips have declined and challenge of writing a balanced pro- can and must do exactly that. OLMS teachers are struggling to motivate posal the President is willing to sign. must be allowed and funded to do what students to study the sciences. Our As U.S. Senators, one of our primary we have told them to do. The trans- ability to remain ahead of the curve in duties is to fund the Government. Our parency and accountability is for the scientific advancements is a key com- Founding Fathers designed checks and benefit of the union members. Of ponent to ensuring America’s home- balances for a purpose, one being to course, this might be just like the card land security in the post-9/11 world of force compromise on key, and some- check bill where labor union manage- global terrorism. Yet alarmingly, the times contentious, legislative prod- ment was trying to take away the right

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13070 CONGRESSIONAL RECORD — SENATE October 18, 2007 for potential members to have a secret Committee, thanking them for includ- During the recent protests, the ballot. Unions are for the members, not ing this language in their bill, and urg- monks reportedly reached Suu Kyi’s for the union bosses. Members have a ing them to fight for this provision in heavily guarded home, where witnesses right to know. That is what the law conference. Restoring the ability to said she greeted them at her gate in passed in 1959 was and is all about. En- audit is fiscally responsible, and is the tears. force the law. Be sure union members right thing to do. This scene is moving in its dignity have a right to know. In closing, while there are valuable and simplicity—a population peace- I would also like to point out that provisions in the Labor-HHS spending fully saying: Enough. the legislation does not contain fund- bill that ought to be enacted, I will be What happened next was tragic. The ing for the National All Schedules Pre- voting against this legislation because military in Burma used violence, mur- scription Reporting Act—NASPER. of the excessive total spending level, as der, and arbitrary detention to try to Known as NASPER, this law was de- well as some objectionable policy lan- halt the calls for change. The military signed to assist States in setting up guage that I have discussed today. did what all dictatorships do: it used prescription drug monitoring pro- I stand ready to work with all of my fear to suppress its own people. Yet it grams—to make sure people can’t get colleagues on a compromise product is the military that is truly afraid— multiple refills of their restricted pre- that can garner support from both the afraid of the people of Burma, afraid of scriptions merely by crossing State legislative as well as the executive change, afraid of releasing Aung San lines. Instead, this legislation funds an branch of our Government. Suu Kyi. unauthorized similar program through I suggest the absence of a quorum. This Reuters photograph is so graph- the Justice Department. Congress The ACTING PRESIDENT pro tem- ic. It shows Burmese military violently should first fund the programs that are pore. The clerk will call the roll. attacking peaceful protesters. It also authorized by committees that have ju- The assistant legislative clerk pro- shows a Japanese photographer, Kenji risdiction over the measures. As the ceeded to call the roll. Nagai, being shot at close range. You lead Republican on the HELP Com- Mr. HARKIN. Mr. President, I ask see his body lying on the street. Mr. mittee, I know the value of the author- unanimous consent that the order for Nagai died shortly after this photo was ization process—Federal programs are the quorum call be rescinded. taken. The military’s mouthpiece reviewed by Senators and staff to en- The ACTING PRESIDENT pro tem- newspaper brazenly said his death was sure there is value for program bene- pore. Without objection, it is so or- his own fault as he was ‘‘inviting dan- ficiaries and taxpayers alike. Funding dered. ger’’ by being among the protesters. unauthorized programs usurps the en- f Sadly, reports from the past few days tire authorizing committee process. are even more tragic. Instead of reach- All that being said, there are many MORNING BUSINESS ing out to Aung San Suu Kyi and the provisions in this legislation that are Mr. HARKIN. Mr. President, I now international community to work to- not objectionable, and some of which I ask unanimous consent that the Sen- ward peace, the military has only support. Like previous years, the bill ate proceed to a period of morning furthered its brutal crackdown, hunt- contains language that prohibits the business, with Senators permitted to ing down and detaining leaders of the Labor Secretary from issuing regula- speak for up to 10 minutes each. peaceful movement. tions related to the Workforce Invest- The ACTING PRESIDENT pro tem- Amnesty International has expressed ment Act, known as WIA, until the pore. Without objection, it is so or- concern that the arrested dissidents Congress has reauthorized the pro- dered. will be tortured—a real concern in a gram. Reauthorizing WIA is a bipar- Mr. HARKIN. Mr. President, I sug- country with an abhorrent record of tisan priority for the HELP Com- gest the absence of a quorum. torturing political prisoners. For ex- mittee, and a top personal goal of mine The ACTING PRESIDENT pro tem- ample, the 2006 State Department that I have been working toward for pore. The clerk will call the roll. Human Rights Report on Burma cites a many years. Congress should first act The assistant legislative clerk pro- recent study by the Assistance Asso- to reauthorize the law before the ad- ceeded to call the roll. ciation for Political Prisoners that me- ministration moves forward with regu- Mr. DURBIN. Mr. President, I ask ticulously documents the regular use lations. This reauthorization is long unanimous consent that the order for of electric shocks, beating until uncon- overdue. Modernizing job training pro- the quorum call be rescinded. scious, forced crawling on glass, and grams will result in better, higher pay- The ACTING PRESIDENT pro tem- threats of rape. The Government is re- ing jobs. Under my chairmanship, we pore. Without objection, it is so or- portedly even hunting down simple passed this reauthorization—but it was dered. participants and bystanders from the held by Democrats who would not f rallies, including groups of ‘‘those who allow the appointment of conferees be- watched,’’ ‘‘those who clapped,’’ and cause of concerns they would not be in- ONGOING TRAGEDY IN BURMA ‘‘those who joined in.’’ cluded in the process. That argument Mr. DURBIN. Mr. President, over the Mr. President, this is madness. The no longer holds true. They control a past few weeks, I have joined many of United States and international com- majority in each legislative body, and my fellow Senators from both sides of munity must not allow this to con- a majority on conference committees. the aisle in speaking about the recent tinue. This is a government with a long Congress needs to pass this legislation events in Burma. and well-documented history of bru- to provide training for current and fu- A few weeks ago, the world watched tality and indifference to its people. ture jobs so Americans have the skills in admiration and support as thou- For example, in eastern Burma, the they need to get the best jobs—instead sands of Buddhist monks peacefully military has destroyed 3,000 villages of sending them overseas because we marched through Burma’s largest cit- over the past 10 years. It has widely don’t have trained workers at home. ies calling for an end to that country’s used forced labor and has recruited up This legislation also restores the au- brutal military dictatorship. Amidst to 70,000 child soldiers—70,000 child sol- thority of the Railroad Retirement tens of thousands of clapping and diers—far more than any other country Board Office of the Inspector General cheering supporters, the monks in the world. Today, Burma has an es- to conduct Railroad Medicare audits chanted ‘‘democracy, democracy.’’ timated 1.5 million refugees. and investigations. Similar language All the while, Nobel laureate Aung Global condemnation of Burma’s bru- was included in previous years, but was San Suu Kyi remained locked under tal actions has been loud and swift. Eu- dropped in the conference with the house arrest—an appalling situation ropean Union foreign ministers have House. My hope is that this year we that has continued for most of the last just approved new sanctions against will be successful in restoring that au- 18 years of her life. Despite the shame- the military junta, including an embar- thority. In September, Senator KEN- ful detention, the Burmese people have go on the export of wood, gems, and NEDY and I, together with Senators not forgotten it was her political party metals, and threatened further pen- BAUCUS and GRASSLEY, weighed in on that won a landslide victory in the 1990 alties. President Bush and First Lady this issue with the Appropriations election. Laura Bush have similarly called for

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13071 greater international pressure to make through elections and peaceful dem- There being no objection, the mate- it clear to the generals that they will onstrations to bring about democratic rial was ordered to be printed in the be completely isolated by the interchange are extinguished. RECORD, as follows: national community if they continue. No nation on Earth should support or The Association of Southeastern protect this ghastly regime. No nation CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL Asian Nations, ASEAN, expressed re- should trade one more item with these YEAR 2008.—S. CON. RES. 21; FURTHER REVISIONS vulsion at the killings and demanded horrible leaders in the junta in Burma. TO THE CONFERENCE AGREEMENT PURSUANT TO SEC- fellow member Burma stop using vio- And no nation should ever sell any TION 301 DEFICIT-NEUTRAL RESERVE FUND FOR SCHIP lence against demonstrators. Japan an- arms to a regime which treats its peo- LEGISLATION nounced a cut in foreign assistance. ple with such brutality. [In billions of dollars] And just the other day, the U.N. Secu- Mr. President, I yield the floor. Section 101: rity Council issued a statement agreed f (1)(A) Federal Revenues: to by all of its members saying that it FY 2007 ...... 1,900.340 ALASKA DAY ‘‘deplores the use of violence against FY 2008 ...... 2,015.841 Mr. STEVENS. Mr. President, today FY 2009 ...... 2,113.811 peaceful demonstrations’’ in Burma, FY 2010 ...... 2,169.475 called for the release of ‘‘all political is Alaska Day, the day 140 years ago FY 2011 ...... 2,350.248 prisoners and remaining detainees,’’ when our territory was officially trans- FY 2012 ...... 2,488.296 ferred from Russia to the United (1)(B) Change in Federal Revenues: and urged a ‘‘genuine dialogue’’ with FY 2007 ...... ¥4.366 opposition leader Aung San Suu Kyi. States. That was the beginning of a FY 2008 ...... ¥34.955 Recently, Senators FEINSTEIN, long road towards the American dream FY 2009 ...... 6.885 FY 2010 ...... 5.754 ERRY IEBERMAN for our State. K , L , and I joined for a FY 2011 ...... ¥44.302 discussion with the Chinese Ambas- What was once called ‘‘Seward’s FY 2012 ...... ¥108.800 sador on the situation in Burma. We folly’’ has become one of our Nation’s (2) New Budget Authority: discussed the need for China, in par- great assets. Alaska has more than FY 2007 ...... 2,371.470 FY 2008 ...... 2,495.877 ticular, to play a more constructive made good on Seward’s initial invest- FY 2009 ...... 2,517.139 role in ending the violence and pushing ment. The Federal Government has FY 2010 ...... 2,570.687 for democratic change. I am glad that collected enough revenue from the de- FY 2011 ...... 2,686.675 FY 2012 ...... 2,721.607 China helped with U.N. Special Envoy velopment of our resources to repay (3) Budget Outlays: Gambari’s timely trip to Burma and its this investment hundreds and hundreds FY 2007 ...... 2,294.862 support of the recent U.N. statement. of times over. FY 2008 ...... 2,467.472 FY 2009 ...... 2,565.763 But the global community must do Over the years, Alaskans have FY 2010 ...... 2,600.015 more. China must do more. And the worked hard to realize our land’s vast FY 2011 ...... 2,693.749 United States must do more. We must potential. And, while much remains to FY 2012 ...... 2,705.780 not let the brutal crackdown bring an be done, we have much to celebrate. end to the desperate need for change in We are working towards creating a CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL Burma. climate for investment, attracting cap- YEAR 2008.—S. CON. RES. 21; FURTHER REVISIONS So once again, I speak to lend my ital to develop and market our valu- TO THE CONFERENCE AGREEMENT PURSUANT TO SEC- support to these peaceful protests and able natural resources. As our state TION 301 DEFICIT-NEUTRAL RESERVE FUND FOR SCHIP to call on the Burmese military to im- grows, we are working to ensure that LEGISLATION mediately begin working with Aung all Alaskans enjoy the benefits of a [In millions of dollars] San Suu Kyi and the U.N. envoy, strong and vibrant economy. Ibrahim Gambari, to bring about Through programs such as the Denali Current Allocation to Senate Finance Committee: FY 2007 Budget Authority ...... 1,011,527 peaceful change and democracy in Commission, we are building modern FY 2007 Outlays ...... 1,017,808 Burma. It should also unconditionally water and sewer facilities, health care FY 2008 Budget Authority ...... 1,088,003 release all political prisoners, includ- centers and providing education and FY 2008 Outlays ...... 1,082,326 FY 2008–2012 Budget Authority ...... 6,065,057 ing four recently detained dissidents, job opportunities to Alaskans in the FY 2008–2012 Outlays ...... 6,056,617 Htay Kywe, Mie Mie, Min Ko Naing, far corners of our state. Adjustments: and Ko Ko Gyi. Though many challenges lay ahead, FY 2007 Budget Authority ...... 0 FY 2007 Outlays ...... 0 I call on the ASEAN nations and the today, we can look on our accomplish- FY 2008 Budget Authority ...... ¥9,098 Governments of China, Thailand, and ments and know that together we can FY 2008 Outlays ...... ¥2,412 India to use their special relationships continue making progress on the road FY 2008–2012 Budget Authority ...... ¥47,678 FY 2008–2012 Outlays ...... ¥34,907 with the Burmese Government to once to the American Dream. Revised Allocation to Senate Finance Committee: and for all start democratic change. f FY 2007 Budget Authority ...... 1,011,527 ASEAN should consider suspending, FY 2007 Outlays ...... 1,017,808 FURTHER CHANGES TO S. CON. even expelling, Burma under these cir- FY 2008 Budget Authority ...... 1,078,905 RES. 21 FY 2008 Outlays ...... 1,079,914 cumstances, and Japan needs to apply FY 2008–2012 Budget Authority ...... 6,017,379 even greater economic pressure. Mr. CONRAD. Mr. President, pursu- FY 2008–2012 Outlays ...... 6,021,710 I also call on the U.N. to tighten ant to section 301 of S. Con. Res. 21, I sanctions, including an arms embargo previously filed revisions to S. Con. f against the Burmese military. We in Res. 21, the 2008 budget resolution. CLIMATE SECURITY ACT Congress should also do all we can to Those revisions were made for legisla- Mr. BOND. Mr. President, today our tighten our existing sanctions against tion reauthorizing the State Children’s friends and colleagues Senators LIE- Burma. Health Insurance Program, SCHIP. BERMAN and WARNER are introducing My colleague Senator MCCAIN has in- Congress cleared H.R. 976 on Sep- their bill to cap carbon emissions. I troduced important legislation to take tember 27, 2007. The President vetoed would like to outline some of the ways such steps. I am pleased to enthusiasti- that legislation on October 3, 2007. Un- their approach will unfairly and unnec- cally cosponsor Senator MCCAIN’s bi- fortunately, the House of Representa- essarily hurt our most vulnerable fami- partisan efforts. tives was unsuccessful today in its at- lies and workers. The circumstances in Burma couldn’t tempt to override that veto. Con- To begin with, capping carbon will be more compelling: A Nobel Peace sequently, I am further revising the make more expensive what we all de- Prize winner is held under house arrest 2008 budget resolution and reversing pend upon in our everyday lives. Our for 12 of the last 18 years, held under the adjustments previously made pur- heating bills in the winter, air condi- house arrest even while her party wins suant to section 301 to the aggregates tioning bills in the summer, every time a landslide election in the country; a and the allocation provided to the Sen- we put gas in our cars; they will all be brutal and corrupt military govern- ate Finance Committee. much more expensive under their plan. ment pillages the country’s economic I ask unanimous consent that the fol- While the rich can afford higher wealth and its own children’s future; lowing revisions to S. Con. Res. 21 be power bills, millions of struggling fam- and repeated attempts by the people printed in the RECORD. ilies cannot. Will we force them to

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13072 CONGRESSIONAL RECORD — SENATE October 18, 2007 choose between heating their homes or that our struggling elements of society land, Ohio, as well as incidents in Cali- buying school clothes for their chil- are not left to the whims of a fickle fornia, New York, Pennsylvania, and dren? and vague cost containment system. Oregon. I urge the Senate to move ag- I support higher Federal LIHEAP We need to calibrate any cap plan to gressively with the comprehensive funding, but almost 30 million Amer- the ability of technology to meet that school safety legislation. It includes ican families still cannot afford to pay plan’’ The welfare of millions are too background check improvements, to- their heating bills. How many millions important to roll the dice that low car- gether with other sensible yet effective more will suffer under this bill? bon solutions are around the corner. safety improvement measures sup- Millions of fixed-income seniors have We also cannot inflict too much pain ported by law enforcement across the no room in their budget for higher on struggling families and workers in country. Accordingly, I urge the Sen- power bills. Will we force them to the interim while we wait for those ate to take up and swiftly pass S. 2084. choose between air conditioning in the clean energy solutions to come on line. If we are prohibited by objection from summer or buying their prescription There are many things we can do now doing so by unanimous consent, then medicine? to reduce carbon emissions. We have on let us move to it and let those with ob- Blue collar workers supporting mid- the shelf or stuck in stalled legislative jections seek to amend those provi- dle class families will also suffer when vehicles, measures to promote energy sions to which they object. their manufacturing jobs flee the U.S. efficiency, promote low-carbon There are too many incidents at too for cheaper energy sources in other biofuels, cut vehicle emissions through many colleges and schools nationwide. countries. aggressive but achievable stronger This terrorizes students and their par- Are we telling millions of auto as- CAFE standards, require renewable and ents. We should be doing what we can sembly, steel, aluminum, plastics, fer- clean energy generation, increase re- to help. Just a few weeks ago, a trou- tilizer, cement, and lime workers we do newable energy transmission, green bled student wearing a Fred Flintstone not care about them supporting their buildings, carbon storage research and mask and carrying a rifle through cam- modest families? development, and clean energy re- pus was arrested at St. John’s Univer- The Lieberman-Warner bill admits it search, development and deployment. sity in Queens, NY, prompting authori- hurts vulnerable families and workers That is 8 different ways I am pre- ties to lock down the campus for 3 and tries to help them through rebates pared to reduce carbon emissions hours. The next day, an armed 17-year- funded by carbon auctions. But vulner- today. So before we go down the road old on the other side of the country in able workers cannot afford to pay high- of hurting the poor, hurting vulnerable Oroville, CA, held students hostage at er energy bills now and wait months workers, sending jobs overseas, let us Las Plumas High School, also resulting later for a rebate check. Where do they take advantage of what we have now. in a lock-down. The incidents have con- get the extra money to pay their high- Let us get serious about our energy fu- tinued this month, with the arrest last er energy bills now? What do they go ture and fund a Manhattan project for week of an armed student suspected of without while they are waiting to get clean energy. Let us get to work where plotting a Columbine-style attack on their rebate check later? we can join together and do so now. fellow high school students in Norris- The whole carbon auction and rebate f town, PA. Just today, in Happy Valley, system is inherently unfair and unnec- OR, police arrested a 10-year-old stu- essary. Some push it so that companies SCHOOL SAFETY AND LAW EN- dent who brought a semi-automatic will not see windfall profits. I oppose FORCEMENT IMPROVEMENT ACT weapon into his elementary school. windfall profits too, but they are only Mr. LEAHY. Mr. President, more The students in these situations were possible in 14 States, mostly in the than 2 months ago, the Senate Judici- lucky and escaped without injury. northeast and west coast where elec- ary Committee originated the School University of Memphis student Tay- tricity markets are deregulated. In the Safety and Law Enforcement Improve- lor Bradford was not so lucky. He was other 36 states with regulated markets, ment Act of 2007, a legislative package killed on campus on September 30 in utilities are prevented by law from that responds to the tragic deaths that what university officials believe was a reaping windfall profits. occurred this past April, almost ex- targeted attack. He was 21 years old. That means a national carbon auc- actly 6 months ago, on the campus of Shalita Middleton and Nathaniel Pew tion unfairly punishes 36 States in the Virginia Tech and to the ongoing prob- were not so lucky. They were both midwest, mountain, west and south lem of violence in our schools. We have wounded during an incident at Dela- where there would be no problem. Mr. attempted to show deference to Gov- ware State. They are each only 17 President, 36 States will pay higher en- ernor Kaine and the task forces at years old. High school teachers Michael ergy bills then needed. Families and work in Virginia and to complement Grassie and David Kachadourian and workers in 36 States will suffer unnec- their work and recommendations. students Michael Peek and Darnell essarily. We must find a better way. Working with several Senators, includ- Rodgers—all of whom were wounded by Europe, in their system, made the ing Senators BOXER, REED, SPECTER, a troubled student at SuccessTech mistake of passing out more carbon al- FEINGOLD, SCHUMER, and DURBIN, the Academy on October 10—were not so lowances then needed. We can easily committee originated this bill and re- lucky. avoid that mistake. ported it before the start of the aca- The School Safety and Law Enforce- As long as the obligation we impose demic year in the hope that the full ment Improvement Act responds di- to submit carbon allowances for carbon Senate could pass these critical school rectly to incidents like these by emissions is greater then the amount safety improvements this fall. squarely addressing the problem of vio- of allowances we pass out, there will be Over the past few weeks, Senator lence in our schools in several ways. no surplus profits in those 36 regulated SCHUMER and I have tried separately to The bill enlists the States as partners States. pass the component of the bill designed in the dissemination of critical infor- We must address the issue of preemp- to fix flaws in the Nation’s background mation by making significant improve- tion. We will create havoc with a na- check system. Regrettably, our efforts ments to the National Instant Back- tional carbon cap system on top of re- were blocked by a single Senator. ground Check System, known as the gional systems. I do not think the Senate should con- NICS system. The bill also authorizes We also need to set up a liability sys- tinue to stand by and wait for the next federal assistance for programs to im- tem for sequestering carbon under- horrific school tragedy to make the prove the safety and security of our ground. We do not want to set up an critical changes necessary to ensure schools and institutions of higher edu- impossible situation where we capture safety in our schools and on our college cation, provides equitable benefits to all this carbon and have nowhere to campuses. Risks of school violence will law enforcement serving those institu- put it. not go away just because Congress may tions, and funds pilot programs to de- We need to guarantee that we will shift its focus. In just the last few velop cutting-edge prevention and not harm low income families and vul- weeks we have seen tragedy at Dela- intervention programs for our schools. nerable workers. Protections should ware State, University of Memphis, The bill also clarifies and strengthens kick in automatically at a set level, so and SuccessTech Academy in Cleve- two existing statutes—the Terrorist

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13073 Hoax Improvements Act and the Law igible to buy a weapon given his men- CONGRATULATING WINNERS OF Enforcement Officers Safety Act— tal health history, but he was still able THE NOBEL PRIZE which are designed to improve public to pass a background check because Mr. HATCH. Mr. President, it is fit- safety. data was missing from the system. We ting that the Senate has passed S. Res. Specifically, title I would improve are working to close gaps in the NICS 350 which honors the scientific work the safety and security of students system. Title II will correct these prob- and accomplishments of Mario R. both at the elementary and secondary lems, and for the first time will create Capecchi, who, along with Sir Martin school level, and on college and univer- a legal regime in which disqualifying J. Evans and Oliver Smithies, received sity campuses. The K–12 improvements mental health records, both at the the Nobel Prize for Physiology or Medi- are drawn from a bill that Senator State and Federal level, would regu- cine for their contributions to the de- BOXER introduced in April, and I want larly be reported into the NICS system. velopment of gene targeting tech- to thank Senator BOXER for her hard Title III would make sworn law en- nology. work on this issue. The improvements forcement officers who work for pri- What an honor to see these great include increased funding for much- vate institutions of higher education men receive this distinguished award. needed infrastructure changes to im- and rail carriers eligible for death and As with previous Nobel winners, one prove security as well as the establish- disability benefits, and for funds ad- of this year’s recipients has waded ment of hotlines and tip-lines, which ministered under the Byrne grant pro- through much difficulty in his life to will enable students to report poten- gram and the bulletproof vest partner- go on and accomplish such an amazing tially dangerous situations to school ship grant program. Providing this eq- feat—Dr. Mario Capecchi. I would like administrators before they occur. uitable treatment is in the best inter- to take a moment to review for my col- These improvements can save lives. est of our Nation’s educators and stu- leagues some of Dr. Capecchi’s back- After the four students and teachers dents and will serve to place the sup- ground and successes. were wounded last week at port of the Federal Government behind Dr. Mario Capecchi, who has worked SuccessTech Academy, the press re- the dedicated law enforcement officers at the University of Utah School of ported that parents had been peti- who serve and protect private colleges Medicine for nearly 35 years, has, tioning to get a metal detector in- and universities nationwide. I com- through both his life and work, dem- stalled and additional security per- mend Senator JACK REED for his lead- onstrated that hard work and deter- sonnel added, and that the guard who ership in this area. mination can and will lead to good re- was previously assigned to the school sults, even in the face of overwhelming had been removed 3 years ago. In fact, Title IV of the bill makes improve- adversity. the entire City of Cleveland has just 10 ments to the Law Enforcement Officers Mario was born in Verona, Italy, in metal detectors that are rotated Safety Act of 2003. These amendments 1937. His father was an Italian soldier throughout the city’s more than 100 to existing law will streamline the sys- who, soon after Dr. Capecchi’s birth, schools. Title I of the bill would en- tem by which qualified retired and ac- was reported missing in action while hance the ability of a school district to tive officers can be certified under manning an anti-aircraft gun in Libya. apply for and receive grant money to LEOSA. It serves us all when we per- At the age of 3, his American mother fund the installation of metal detectors mit qualified officers, with a dem- was sent to the Dachau concentration and the training and hiring of security onstrated commitment to law enforce- camp as punishment for her associa- personnel to keep our kids safe. Over ment and no adverse employment his- tion with an anti-Fascist organization. the past 4 years, this administration tory, to protect themselves and their Prior to her arrest, she sold all her be- has spent over $15 billion to equip, families wherever they may be. longings and gave the proceeds to a train, and build facilities for the Iraqi Title V incorporates the PRE- peasant family to provide housing for security forces. Surely, Congress can CAUTION Act, which Senators FEIN- her son. However, 1 year later, the stand up for American kids who face GOLD and SPECTER asked to have in- funds were exhausted and, at the age of unrelenting school violence by sup- cluded. This provision authorizes 4, Dr. Capecchi was left to fend for him- porting just a small fraction of this fig- grants to develop prevention and inter- self on the streets of northern Italy. ure for much-needed school safety im- vention programs for our schools. After 4 years of living in orphanages provements. Finally, title VI incorporates the and moving from town to town with To address the new realities of cam- Terrorist Hoax Improvements Act of different groups of homeless children, pus safety in the wake of Virginia Tech 2007, at the request of Senator KEN- he was located by his mother who, and more recent college incidents, title NEDY. upon her release from Dachau, had en- I also creates a matching grant pro- gaged in a year-long search to find her gram for campus safety and security to Let us go forward and act now on this son. She found him in a hospital bed in be administered out of the COPS Office important bill. The Virginia Tech Re- the town of Reggio Emilia, sick with a of the Department of Justice. The view Panel—a body commissioned by fever and suffering from malnutrition. grant program would allow institutions Governor Tim Kaine to study the Vir- In 1946, his uncle, Edward Ramberg, a of higher education to apply, for the ginia Tech tragedy—recently issued its prominent American physicist, ar- first time, directly for Federal funds to findings based on a 4-month long inves- ranged for Dr. Cappecchi and his moth- make school safety and security im- tigation of the incident and its after- er to come to the United States. At provements. The program is authorized math. This bill would adopt a number that time, he and his mother relocated to be appropriated at $50,000,000 for the of recommendations from the review from Italy to a Quaker commune in next 2 fiscal years. While this amounts panel aimed at improving school safety Pennsylvania, where he would begin to just $3 per student each year, it will planning and reporting information to his education, graduating from a Quak- enable schools to more effectively re- NICS. We must not miss this oppor- er boarding school in 1956. spond to dangerous situations on cam- tunity to implement these initiatives Dr. Capecchi received bachelor’s de- pus. nationwide, and to take concrete steps grees in both chemistry and physics Title II of the bill seeks to improve to ensure the safety of our kids. from Antioch College in Ohio in 1961. the NICS system. The senseless loss of I recognize that there is no solution He then went on to earn his Ph.D. in life at Virginia Tech revealed deep to fully end the sad phenomenon of biophysics from Harvard University in flaws in the transfer of information rel- school violence. But the recent trage- 1967. In 1969, he became an assistant evant to gun purchases between the dies should prompt us to respond in re- professor in the Department of Bio- States and the Federal Government. alistic and meaningful ways when we chemistry at the Harvard School of The defects in the current system per- are presented with such challenges. I Medicine, and was promoted to asso- mitted the perpetrator of this terrible hope the Senate can promptly move ciate professor in 1971. Two years later, crime to obtain a firearm even though this bill forward to invest in the safety he joined the faculty at the University a judge had declared him to be a danger of our students and better support law of Utah, where he began the work that to himself and thus ineligible under enforcement officers across the coun- would eventually earn him a Nobel Federal law. Seung-Hui Cho was not el- try. Prize.

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13074 CONGRESSIONAL RECORD — SENATE October 18, 2007 Dr. Capecchi, along with Drs. Evans There was a critical vote in the I want to congratulate the Volun- and Smithies, received the Nobel Prize House today: whether to override the teers of America for their great role in for their discoveries of methods for in- President’s veto of the children’s this achievement and ‘‘first.’’ I want to troducing specific gene modifications health insurance bill. thank and congratulate the Sheridan in mice by the use of embryonic stem Two hundred and eighty six votes County Commission and the city of cells. In the late 1980s, after years of were needed to override this veto, but Sheridan, mayor and council for their research and experimentation on we fell 13 votes short: 273 to 156. great cooperation. I especially want to mouse-derived stem cells, these doctors One hundred and fifty six Members of thank the members of the Sheridan were able to develop the first knockout the House of Representatives cowered Land Trust for their effort and vision. mice, genetically engineered mice that to the President and turned their back This is the kind of community, the have had one or more of their genes on our children. kind of people, I remember growing up isolated and made inoperable. Knock- They turned their back on almost 4 in Sheridan. out mice have allowed scientists to million kids nationwide who would I was glad to play a small role in get- learn more about genes that have been have gotten health care, including ting the 501c(3) certification for non- sequenced but have unknown func- 100,000 in my home State of New Jer- profit status pushed through the sys- tions. Through the techniques devel- sey. tem. I also did some work for conserva- oped by these three doctors, research- And they cast these harmful votes tion easements in, of all places, the ers are able to inactivate specific against the will of the American peo- pension bill last year. I got to chair the mouse genes and study the mice for ple. conference committee for the pension Eighty-one percent of the public sup- any resulting differences. From this bill last year. At the end of the process, ports this bill. process, they are able to infer the prob- leadership from both sides of the aisle Yet the President’s puppets in the able functions of the individual genes. brought me a small tax package to in- House said no. They chose ideology This gene targeting technology has clude. I mentioned that I had a couple over children. led to a vast expansion of our under- of small provisions I wanted included. They choose tax breaks for million- standing of genetics. Indeed, it has im- One was a provision to get Wyoming aires over a doctor’s visit for a sick pacted virtually every area of biomedi- abandoned mine land money released child. cine. The successful isolation of genes back to Wyoming. I found the power of They are more than willing to spend a chairmanship. The abandoned mine has allowed researchers to determine $12 billion a month on Iraq, but not $7 their roles in embryonic development, land money will amount to $1.6 billion billion a year for children’s health. for Wyoming. Another provision in- adult physiology, aging and disease. In You have to question the moral pri- cluded was for conservation ease- addition, the use of knockout mice has orities of those who oppose funding ments—conservation easements that led to the production of more than 500 children’s health care in America. would make it possible for the average different mouse models of human dis- Civilized societies take care of their person to participate as well as those orders, including cardiovascular dis- children. I believe we are a civilized so- with a lot of money. The bad news is ease, neuron-degenerative disorders, ciety. I just think we have the wrong that act is available only until Dec 31 cancer and diabetes. person in the White House. Drs. Capecchi, Evans, and Smithies It is time to put aside ideology and of this year—unless it gets extended. have dedicated their lives and work to put the needs of American families The good news is this bicycle-hiking- bettering mankind. Dr. Capecchi has first. running-nature path could be finished been a key advisor to me for many The only good news today is that the from Sheridan to Big Horn this year years and has been a great help to me bill on the floor of the Senate right with some tax incentives. I will be and this nation with his medical and now puts families first. working to extend the incentive. scientific work and knowledge. I have This Labor-HHS appropriations bill It is very important that I share with the highest praise, not only for his will help children live longer, the Nation the words of Mayor Kinsky work and intellect, but for his dedica- healthier, and more productive lives. It at the dedication of this first conservation and perseverance. increases Head Start funding, medical tion easement in Sheridan County. It is I am joined by Senators BENNETT, research gets a boost and we are doing the finest description of what we are DOLE, and BURR in introducing S. Res. more to support critical education pro- trying to do that I have heard. Here is 350 recognizing the work and achieve- grams. what he said: ments of these new Nobel Laureates But despite all of these benefits, Look about you—the mountains, the and congratulating them for the honor President Bush says he will veto this creek, the wildlife. It is as God made it. This they have received and I want each of bill too. is how it was before we came. Because of them to know how proud I am of them I say: ‘‘shame.’’ what we do here today—preserving this place as it is, unspoiled—it will be here for those and their great accomplishments. I f who follow us. also want the entire country to know, SHERIDAN CONSERVATION There are those who say we inherited this that this is just the beginning. The place from our grandparents. I believe we are EASEMENT DEDICATION work of Drs. Capecchi, Evans, and borrowing it from our grandchildren. Smithies has continued to lay the Mr. ENZI. Mr. President, recently I As such, we have a duty to preserve—for groundwork and establish a strong got to participate in the dedication of them—the beauty that had drawn us here, the first conservation easement in and holds us here. foundation we will need to continue de- Fifty years from now, the town will have veloping stem cell research and some- Sheridan County, WY. I attended grade changed. Coffeen Avenue will look different, day, sooner rather than later, find school in Sheridan and graduated from our downtown will look different. But this therapies that will heal some of the high school there. I earned the Boy area will look as we see it today. greatest afflictions suffered by millions Scout merit badges I needed to become Future generations will not recall who we around the world. This is the great an Eagle Scout while I lived there. One are, or what we say. But they will recap the promise of the work of these great men of the badges was bicycling. It required benefit of what we do here today. We may several 25-mile rides. My first ride of hope that they will look out on what we have and I am proud to honor them. left them and say, ‘‘These were people of vi- f that length went from Sheridan to Big sion. These were people who cared about the Horn and beyond. That ride was on the future.’’ CHILDREN’S HEALTH INSURANCE highway. Today it would be much more It is proper that this be done in a manner Mr. LAUTENBERG. Mr. President, I dangerous as the area has developed fitting of the character of our people. This rise with pity and anger that this ad- and more people drive. So I am glad for easement comes about not as a mandate of ministration can be so insulated from this new conservation easement—what government, but as a gift—given with love— reality that millions of American chil- I hope will be the first of many con- to the community and future. The purpose of the Sheridan Community dren will be denied health insurance servation easements—that will make it Land Trust is to hold such gifts, preserving because of the President of the United possible to go from Sheridan to Big them for our heirs. It is our hope that many States and a small minority in the Horn on a scenic path by the river that more in the community may be moved to House of Representatives. will provide safety and great views. make similar gifts to generations to come.

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13075 With history the final judge or our deeds, streams, excluding Alaska, and at least Olympics. And from what I understand, we ask God’s blessing and help, but knowing 20 million acres of so-called ‘‘isolated’’ he is a big fan of the games in his home here on earth God’s work must truly be our wetlands in the lower 48 States, as esti- state of Iowa, where they recently own. mated by the EPA. hosted the National Summer Games. Mayor Kinsky, thank you for those It is important to understand that Senator, thank you. words. May they serve as a challenge though the recent court cases focused I think we all know that the Special and example to everyone to do what on dredge and fill permits under sec- Olympics is a first-class organization. you and the greater Sheridan commu- tion 404, the definition of ‘‘waters of Its sole purpose is to enrich the lives of nity have done. the United States’’ is integral to the literally millions of people across the f Federal Government’s jurisdiction world. Through training and competi- 35TH ANNIVERSARY OF THE under the Clean Water Act as a whole. tion, individuals with intellectual dis- CLEAN WATER ACT This definition is the linchpin for State abilities have a chance to become phys- water quality standards under Section ically fit, productive and respected Mr. FEINGOLD. Mr. President, today 302 and Section 303, national perform- members of society. is the 35th anniversary of the Clean ance standards under Section 306, toxic However, Special Olympics is respon- Water Act, one of this Nation’s land- and pretreatment standards under Sec- sible for much more than games and mark environmental laws. tion 307, oil and hazardous substance li- competition . . . it is about quality of Since 1972, the Clean Water Act has ability under Section 311, aquaculture life. The Special Olympics Healthy provided essential protection for our standards under Section 318, State Athletes Program, developed over a Nation’s waters that enhance and con- water quality certifications under Sec- decade ago, focuses on health, fitness, tribute to human health and well- tion 401, and national pollution dis- and well-being of people with and with- being, the economy, and the environ- charge permitting requirements under out disabilities. Last year this program ment. Yet as we celebrate the 35-year Section 402. made it possible to conduct more than anniversary of the enactment of the In light of these Supreme Court deci- 135,000 health screenings. Just this Clean Water Act, Federal protections sions, Congress must reaffirm the month, at the World Summer Games in of surface waters that provide drinking original intent of the Clean Water Act China, medical volunteers provided water to an estimated 110 million and our commitment to ensuring that free dental, vision, and hearing exams. Americans remain threatened until the Americans have clean, safe water. The Clearly, the games are more than just U.S. Congress acts. Two recent U.S. Clean Water Restoration Act, which I a sporting event they provide services Supreme Court cases have jeopardized have introduced, will reestablish pro- to promote better fitness and health the protection of these and many other tection for all waters historically cov- care. of our Nation’s waters by calling into ered by the Clean Water Act. It will So when the Special Olympics asked question the Clean Water Act protec- end the legal wrangling over the defini- me to help with the Idaho Winter tions for entire categories of waters. tion of waters protected by the original Games, it is easy to see why I consid- In the 2006 consolidated cases of Clean Water Act by defining ‘‘waters of ered it a great honor. Rapanos v. United States and Carabell the United States’’ based on the long- Now, hosting the largest multiday v. Army Corps of Engineers, the U.S. standing definitions in EPA and U.S. winter sports competition ever held in Supreme Court left more than half of Army Corps regulations. the United States isn’t easy—and it our Nation’s waters without Federal It is a straightforward, surgical fix. isn’t cheap. There is a tremendous protections. The impact of that deci- Unfortunately, special interest and in- amount of work going on behind the sion is compounded by the 2001 case dustry groups that opposed the Clean scenes. It requires a lot of manpower Solid Waste Agency of Northern Cook Water Act in 1972 are back at it again, and resources to prepare the infra- County v. Army Corps of Engineers, trying to sabotage any legislation that structure and organize housing, meals, SWANCC, in which the U.S. Supreme restores critical clean water protec- and transportation for participants Court limited the authority of Federal tions. They are making claims that from all over the world. As a world- agencies to extend Clean Water Act ‘‘every wet area’’ will be regulated, class nonprofit organization, Special protections to certain wetlands tradi- which could not be further from the Olympics relies mostly on in-kind gifts tionally protected based on their use truth—from the downright silly accu- and services. Raising enough money to by migratory birds. sation that swimming pools will be reg- pull off such a large event is a daunting The implications of the recent Su- ulated to the flat-out incorrect accusa- task, to say the least. preme Court decisions are disturbing tion that ground water will be regu- This is why I am pleased that the for the safety of our drinking water, lated. My legislation does not broaden Senate Appropriations Committee has habitats for wildlife, and fragile eco- the scope of the Clean Water Act. provided the Idaho Special Olympic systems around the country. At the Congress should not stand aside Winter Games with some much-needed crux of the debate is the term ‘‘navi- while the courts roll back more than 30 funding. This critical financial assist- gable waters,’’ which the Supreme years of Federal protections for our ance will make these games possible. It Court used to restrict the scope of the waters. On the 35th anniversary of the will make it possible for some truly re- Clean Water Act in ways never in- enactment of the Clean Water Act, we markable athletes to compete. tended by Congress. The fundamental must step in to bring clarity to a law Again I would like to thank both purpose of the Clean Water Act of 1972 left murky by the U.S. Supreme Court. Senator HARKIN and Senator SPECTER was to protect the Nation’s waters f for their devotion to the Special Olym- from pollution rather than just sustain SPECIAL OLYMPICS pics. Their work will make these games the navigability of waterways. a success. And while I am on the floor, That is why Congress extended pro- Mr. CRAIG. Mr. President, I have I would like to invite my colleagues to tections to ‘‘waters of the United come to the floor today to talk about come to Idaho—to experience the States,’’ and the Environmental Pro- something very important—the Special magic of an Idaho winter and to experi- tection Agency’s and Army Corps of Olympics World Winter Games. ence the magic of the Special Olym- Engineers’ regulations have properly It is a privilege for all of us in Idaho pics. established the scope of waters—in- to be a part of these games as the host f cluding all interstate and intrastate for the 2009 worldwide games. And it waters—needed to be protected in order has been an honor for me personally to ADDITIONAL STATEMENTS to maintain the ‘‘chemical, physical, be involved with this wonderful organi- and biological integrity of the Nation’s zation. I know the people of Idaho are waters,’’ as called for in the act. This looking forward to welcoming the RECOGNIZING JOHN HALL goal cannot be achieved if Congress world to our great State. ∑ Mr. KOHL. Mr. President, I would does not restore protections that the I especially want to thank Senator like to take time to recognize Mr. John Supreme Court stripped from 53 to 59 HARKIN for his help. He has been a tre- Hall of Middleton, WI, on being award- percent of the total length of U.S. mendous advocate for the Special ed the French Legion of Honor for his

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13076 CONGRESSIONAL RECORD — SENATE October 18, 2007 extraordinary bravery in liberating James Hickey of Green Bay, WI, on RECOGNIZING STEPHEN KELLMAN France during the Second World War. being awarded the French Legion of ∑ Mr. KOHL. Mr. President, I would The Legion of Honor is the highest Honor for his extraordinary bravery in like to take this time to recognize and honor awarded by the nation of France. liberating France during the Second honor Mr. Stephen Kellman of Weston, In December 1942, at the age of 18, World War. The Legion of Honor is the WI, on being awarded the French Le- Mr. Hall enlisted in the military. He highest honor awarded by the nation of gion of Honor for his extraordinary took part in military campaigns in France. bravery in liberating France during the Italy, the Rhineland, and the south and In June 1943, at the age of 18, Mr. Second World War. The Legion of east of France. He was wounded in Sep- Hickey joined the military. In August Honor is the highest honor awarded by tember 1944. of 1944, he was sent overseas to France The Second World War has so much the nation of France. where he participated in military cam- In May 1943, at the age of 20, Mr. significance in modern history. An en- paigns in southern France and the tire generation rallied together to de- Kellman joined the military. Despite Rhineland. He was wounded on Decem- being wounded in June of 1944, Mr. fend the rights of freedom and liberty, ber 12, 1944. not just for the United States but for Kellman actively participated in mili- The Second World War has so much tary campaigns in northern France and the entire world. The world in which significance in modern history. An en- we live was shaped by the actions of Normandy. tire generation rallied together to de- The Second World War has so much these brave soldiers. fend the rights of freedom and liberty, Mr. Hall is a member of our Greatest significance in modern history. An en- not just for the United States but for tire generation rallied together to de- Generation that built modern America. the entire world. The world in which Their efforts kept us safe and allowed fend the rights of freedom and liberty, we live was shaped by the actions of not just for the United States, but for our communities to flourish. These he- these brave soldiers. roes were united in the common values the entire world. The world in which Mr. Hickey is a member of our Great- we live was shaped by the actions of of duty, honor, service and love of est Generation that built modern country. As a nation, we are forever these brave soldiers. America. Their efforts kept us safe and Mr. Kellman is a member of our grateful for the sacrifices and courage allowed our communities to flourish. of these brave veterans of the Second Greatest Generation that built modern These heroes were united in the com- America. Their efforts kept us safe and World War. mon values of duty, honor, service and On behalf of our State and Nation, I allowed our communities to flourish. love of country. As a nation, we are congratulate Mr. John Hall and his These heroes were united in the com- forever grateful for the sacrifices and family on this prestigious honor and mon values of duty, honor, service and courage of these brave veterans of the thank him for his brave service.∑ love of country. As a nation, we are Second World War. forever grateful for the sacrifices and f On behalf of our State and Nation, I courage of these brave veterans of the RECOGNIZING JAMES PELLETIER congratulate Mr. James Hickey and his Second World War. family on this prestigious honor and ∑ Mr. KOHL. Mr. President, I would On behalf of our State and Nation, I thank him for his brave service.∑ like to take this time to congratulate congratulate Mr. Stephen Kellman and Mr. James Pelletier of Rhinelander, f his family on this prestigious honor WI, on being awarded the French Le- RECOGNIZING LYLE and thank him for his brave service.∑ gion of Honor for his extraordinary SOLCHENBERGER bravery in liberating France during the ∑ f Second World War. The Legion of Mr. KOHL. Mr. President, I would Honor is the highest honor awarded by like to take this time to recognize and MESSAGES FROM THE PRESIDENT the nation of France. honor Mr. Lyle Solchenberger of Lake Mills, WI, on being awarded the French Messages from the President of the In December of 1942, at the age of 18, United States were communicated to Mr. Pelletier joined the U.S. Army. He Legion of Honor for his extraordinary bravery in liberating France during the the Senate by Mr. Williams, one of his took part in military campaigns in secretaries. northern France and in the Ardennes Second World War. The Legion of Honor is the highest honor awarded by Raid. He participated in battles to help f the allies take back many cities, in- the nation of France. In April of 1943, at the age of 21, Mr. cluding Nogent, Conches and EXECUTIVE MESSAGES REFERRED Versailles. Solchenberger enlisted in the military. The Second World War has so much He participated in military campaigns As in executive session the Presiding significance in modern history. An en- in central Europe and the Rhineland Officer laid before the Senate messages tire generation rallied together to de- and fought for the liberation of several from the President of the United fend the rights of freedom and liberty, cities. States submitting sundry nominations not just for the United States but for The Second World War has so much which were referred to the appropriate the entire world. The world in which significance in modern history. An en- committees. we live was shaped by the actions of tire generation rallied together to de- (The nominations received today are these brave soldiers. fend the rights of freedom and liberty, printed at the end of the Senate pro- Mr. Pelletier is a member of our not just for the United States, but for ceedings.) Greatest Generation that built modern the entire world. The world in which To the Congress of the United States: America. Their efforts kept us safe and we live was shaped by the actions of Section 202(d) of the National Emer- allowed our communities to flourish. these brave soldiers. gencies Act, 50 U.S.C. 1622(d), provides These heroes were united in the com- Mr. Solchenberger is a member of our for the automatic termination of a na- mon values of duty, honor, service and Greatest Generation that built modern tional emergency unless, prior to the love of country. As a nation, we are America. Their efforts kept us safe and anniversary date of its declaration, the forever grateful for the sacrifices and allowed our communities to flourish. President publishes in the Federal Reg- courage of these brave veterans of the These heroes were united in the com- ister and transmits to the Congress a Second World War. mon values of duty, honor, service and notice stating that the emergency is to On behalf of our State and Nation, I love of country. As a nation, we are continue in effect beyond the anniver- congratulate Mr. James Pelletier and forever grateful for the sacrifices and sary date. In accordance with this pro- his family on this prestigious honor courage of these brave veterans of the vision, I have sent the enclosed notice and thank him for his brave service.∑ Second World War. to the Federal Register for publication, f On behalf of our State and Nation, I stating that the emergency declared congratulate Mr. Lyle Solchenberger with respect to significant narcotics RECOGNIZING JAMES HICKEY and his family on this prestigious traffickers centered in Colombia is to ∑ Mr. KOHL. Mr. President, I would honor and thank him for his brave continue in effect beyond October 21, like to take this time to honor Mr. service.∑ 2007.

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13077 The circumstances that led to the and abroad, the national emergency de- H.R. 2102. An act to maintain the free flow declaration on October 21, 1995, of a na- clared on October 21, 1995, and the of information to the public by providing tional emergency have not been re- measures adopted pursuant thereto to conditions for the federally compelled disclosure of information by certain persons con- solved. The actions of significant nar- deal with that emergency, must connected with the news media. cotics traffickers centered in Colombia tinue in effect beyond October 21, 2007. H.R. 3678. An act to amend the Internet continue to pose an unusual and ex- Therefore, in accordance with section Tax Freedom Act to extend the moratorium traordinary threat to the national se- 202(d) of the National Emergencies Act on certain taxes relating to the Internet and curity, foreign policy, and economy of (50 U.S.C. 1622(d)), I am continuing for to electronic commerce. the United States and to cause unpar- 1 year the national emergency with re- S. 2179. A bill to authorize certain programs and activities in the Forest Service, alleled violence, corruption, and harm spect to significant narcotics traf- the Department of the Interior, and the De- in the United States and abroad. For fickers centered in Colombia. This no- partment of Energy, and for other purposes. these reasons, I have determined that tice shall be published in the Federal S. 2180. A bill to authorize certain pro- it is necessary to maintain economic Register and transmitted to the Con- grams and activities in the Department of pressure on significant narcotics traf- gress. the Interior, the Forest Service, and the De- partment of Energy, and to amend the Com- fickers centered in Colombia by block- GEORGE W. BUSH. ing their property and interests in pact of Free Association Amendments Act of THE WHITE HOUSE, October 18, 2007. 2003, and for other purposes. property that are in the United States f S. 2184. A bill to amend the Internal Rev- or within the possession or control of enue Code of 1986 to permanently allow pen- United States persons and by depriving MESSAGE FROM THE HOUSE alty-free withdrawals from retirement plans them of access to the U.S. market and At 2:48 p.m., a message from the for individuals called to active duty for at financial system. House of Representatives, delivered by least 179 days. S. 2185. A bill to permanently extend the GEORGE W. BUSH. Mrs. Cole, one of its reading clerks, an- current marginal tax rates. THE WHITE HOUSE, October 18, 2007. nounced that the House has passed the following bill, in which it requests the f NOTICE—CONTINUATION OF THE concurrence of the Senate: MEASURES READ THE FIRST TIME NATIONAL EMERGENCY WITH H.R. 2095. An act to amend title 49, United The following bills were read the first RESPECT TO SIGNIFICANT NAR- States Code, to prevent railroad fatalities, time: COTICS TRAFFICKERS CENTERED injuries, and hazardous materials releases, to S. 2198. A bill to require the Architect of IN COLOMBIA—PM28 authorize the Federal Railroad Safety Ad- the Capitol to permit the acknowledgment of ministration, and for other purposes. On October 21, 1995, by Executive God on flag certificates. Order 12978, the President declared a The message also announced that the S. 2205. A bill to authorize the cancellation of removal and adjustment of status of cer- national emergency pursuant to the House has agreed to the following concurrent resolution, in which it requests tain alien students who are long-term United International Emergency Economic States residents and who entered the United Powers Act (50 U.S.C. 1701–1706) to deal the concurrence of the Senate: States as children, and for other purposes. H. Con. Res. 222. Concurrent resolution with the unusual and extraordinary f threat to the national security, foreign commending NASA Langley Research Center policy, and economy of the United in Virginia on the celebration of its 90th an- INTRODUCTION OF BILLS AND States constituted by the actions of niversary on October 26 and 27, 2007. JOINT RESOLUTIONS significant narcotics traffickers cen- The message further announced that The following bills and joint resolu- tered in Colombia, and the extreme the House of Representatives having tions were introduced, read the first level of violence, corruption, and harm proceeded to reconsider the bill (H.R. and second times by unanimous con- such actions cause in the United States 976) entitled ‘‘An Act to amend title sent, and referred as indicated: and abroad. XXI of the Social Security Act to ex- By Mr. LIEBERMAN (for himself, Mr. The order blocks all property and intend and improve the Children’s Health WARNER, Mr. HARKIN, Mr. COLEMAN, terests in property that are in the Insurance Program, and for other pur- Mrs. DOLE, Ms. COLLINS, Mr. CARDIN, United States, or within the possession poses’’, returned by the President of Ms. KLOBUCHAR, and Mr. CASEY): or control of United States persons, of the United States with his objections, S. 2191. A bill to direct the Administrator to the House of Representatives, in of the Environmental Protection Agency to foreign persons listed in an annex to establish a program to decrease emissions of the order, as well as of foreign persons which it originated, it was resolved, greenhouse gases, and for other purposes; to determined to play a significant role in that the said bill did not pass, two- the Committee on Environment and Public international narcotics trafficking cen- thirds of the House of Representatives Works. tered in Colombia. The order similarly not agreeing to pass the same. By Mr. FEINGOLD: S. 2192. A bill to establish a user fee for fol- blocks all property and interests in f low-up reinspections under the Federal Food, property of foreign persons determined MEASURES REFERRED Drug, and Cosmetic Act; to the Committee to materially assist in, or provide fi- on Health, Education, Labor, and Pensions. nancial or technological support for or The following bill was read the first By Mr. MARTINEZ (for himself, Mr. goods or services in support of, the nar- and the second times by unanimous VOINOVICH, Mr. DEMINT, Mr. GRAHAM, cotics trafficking activities of persons consent, and referred as indicated: Mr. CORNYN, Mr. THUNE, Mr. SES- designated in or pursuant to the order. H.R. 2095. An act to amend title 49, United SIONS, Mr. INHOFE, and Mr. CHAM- In addition, the order blocks all prop- States Code, to prevent railroad fatalities, BLISS): S. 2193. A bill to provide for a 5-year SCHIP erty and interests in property of per- injuries, and hazardous materials releases, to authorize the Federal Railroad Safety Ad- reauthorization for coverage of low-income sons determined to be owned or con- ministration, and for other purposes; to the children, an expansion of child health care trolled by, or to act for or on behalf of, Committee on Commerce, Science, and insurance coverage through tax fairness, and persons designated in or pursuant to Transportation. a health care Federalism initiative, and for other purposes; to the Committee on Fi- the order. The following concurrent resolution The order also prohibits any trans- nance. was read, and referred as indicated: action or dealing by United States per- By Mr. SALAZAR (for himself and Mr. sons or within the United States in H. Con. Res. 225. Concurrent resolution CONRAD): honoring the 50th anniversary of the dawn of S. 2194. A bill to amend the Elementary property or interests in property of the the Space Age, and the ensuing 50 years of and Secondary Education Act of 1965 to es- persons designated in or pursuant to productive and peaceful space activities; to tablish a partnership between the Depart- the order. the Committee on Commerce, Science, and ment of Education and the National Park Because the actions of significant Transportation. Service to provide educational opportunities for students and teachers, and for other pur- narcotics traffickers centered in Co- f lombia continue to threaten the na- poses; to the Committee on Health, Edu- tional security, foreign policy, and MEASURES PLACED ON THE cation, Labor, and Pensions. CALENDAR By Mr. INHOFE: economy of the United States and to S. 2195. A bill to amend the Internal Rev- cause an extreme level of violence, cor- The following bills were read the sec- enue Code of 1986 to extend the Indian em- ruption, and harm in the United States ond time, and placed on the calendar: ployment credit and the depreciation rules

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13078 CONGRESSIONAL RECORD — SENATE October 18, 2007 for property used predominantly within an SUBMISSION OF CONCURRENT AND S. 407 Indian reservation; to the Committee on Fi- SENATE RESOLUTIONS At the request of Ms. LANDRIEU, her nance. The following concurrent resolutions name was added as a cosponsor of S. By Mr. INHOFE (for himself and Mr. 407, a bill to amend the Intermodal ROBERTS): and Senate resolutions were read, and Surface Transportation Efficiency Act S. 2196. A bill to amend the Internal Rev- referred (or acted upon), as indicated: of 1991 to designate a portion of Inter- enue Code of 1986 to extend the taxable in- By Mr. DOMENICI (for himself, Mr. state Route 14 as a high priority cor- come limit on percentage depletion for oil DODD, Mr. ALEXANDER, Mr. LIEBER- and natural gas produced from marginal MAN, Mr. STEVENS, Mr. ROCKEFELLER, ridor, and for other purposes. properties; to the Committee on Finance. Mr. COCHRAN, Mr. DURBIN, Ms. MUR- S. 515 By Mr. AKAKA (for himself and Mrs. KOWSKI, Mr. BIDEN, Mr. ENZI, Mr. At the request of Mr. GRASSLEY, the CLINTON): PRYOR, and Ms. STABENOW): names of the Senator from Ohio (Mr. S. 2197. A bill to establish the Federal S. Res. 351. A resolution designating the BROWN) and the Senator from New Labor-Management Partnership Council; to week beginning October 21, 2007, as ‘‘Na- the Committee on Homeland Security and York (Mrs. CLINTON) were added as co- tional Character Counts Week’’; considered sponsors of S. 515, a bill to provide a Governmental Affairs. and agreed to. By Mr. DEMINT (for himself, Mr. GRA- By Ms. MURKOWSKI (for herself, Mr. mechanism for the determination on HAM, Mr. INHOFE, Mr. COLEMAN, Mr. LUGAR, and Mr. BIDEN): the merits of the claims of claimants ENZI, Mr. MCCONNELL, Mr. GREGG, S. Res. 352. A resolution expressing the who met the class criteria in a civil ac- Mr. ALLARD, and Mr. SUNUNU): sense of the Senate regarding the 20th anni- tion relating to racial discrimination S. 2198. A bill to require the Architect of versary of United States-Mongolia relations; by the Department of Agriculture but the Capitol to permit the acknowledgment of considered and agreed to. who were denied that determination. God on flag certificates; read the first time. By Mr. SUNUNU (for himself, Mr. S. 609 By Mr. KERRY: KERRY, Mr. LUGAR, Mr. BIDEN, Mr. OCKEFELLER S. 2199. A bill to amend the Internal Rev- COLEMAN, Mr. DODD, Mr. HAGEL, Mr. At the request of Mr. R , enue Code of 1986 to provide for the treat- KENNEDY, Mr. MARTINEZ, Ms. SNOWE, the name of the Senator from Con- ment of certain foreign nonqualified deferred Mr. SMITH, Mr. BOND, Mr. MENENDEZ, necticut (Mr. DODD) was added as a co- compensation; to the Committee on Finance. Mr. COBURN, Mr. LEVIN, Mr. VOINO- sponsor of S. 609, a bill to amend sec- By Mr. CONRAD (for himself, Mr. VICH, Mrs. FEINSTEIN, and Ms. STABE- tion 254 of the Communications Act of JOHNSON, and Mr. TESTER): NOW): 1934 to provide that funds received as S. 2200. A bill to authorize the use of Fed- S. Res. 353. A resolution expressing the universal service contributions and the eral funds for flexible financing of Indian sense of the Senate regarding the importance universal service support programs es- tribal municipal, rural, and industrial water of a sovereign, democratic, and prosperous system construction projects by certain fed- Lebanon and the need for free and fair presi- tablished pursuant to that section are erally recognized Indian tribes; to the Com- dential elections in Lebanon without intimi- not subject to certain provisions of mittee on Indian Affairs. dation or foreign interference; considered title 31, United States Code, commonly By Mr. COLEMAN: and agreed to. known as the Antideficiency Act. S. 2201. A bill to provide for the penalty- By Mr. WARNER (for himself and Mr. S. 884 free use of retirement funds for mortgage de- WEBB): At the request of Mr. DURBIN, the linquency relief; to the Committee on Fi- S. Con. Res. 50. A concurrent resolution name of the Senator from South Da- nance. commending NASA Langley Research Center By Mr. REID (for Mr. OBAMA (for him- in Virginia on the celebration of its 90th an- kota (Mr. JOHNSON) was added as a co- self and Mr. HARKIN)): niversary on October 26 and 27, 2007; to the sponsor of S. 884, a bill to amend the S. 2202. A bill to amend the Clean Air Act Committee on Commerce, Science, and Public Health Service Act regarding to increase the renewable content of gaso- Transportation. residential treatment programs for line, and for other purposes; to the Com- By Mr. DODD (for himself, Mr. ENSIGN, pregnant and parenting women, a pro- mittee on Environment and Public Works. Mr. AKAKA, Mr. BAUCUS, Mr. BIDEN, gram to reduce substance abuse among By Mr. BROWN: Mrs. BOXER, Mr. BURR, Mr. CASEY, nonviolent offenders, and for other pur- S. 2203. A bill to reauthorize the Uranium Mrs. CLINTON, Mr. COCHRAN, Ms. COL- poses. Enrichment Decontamination and Decom- LINS, Mr. CORNYN, Mr. DURBIN, Mr. missioning Fund, and for other purposes; to FEINGOLD, Mrs. FEINSTEIN, Mr. KEN- S. 1382 the Committee on Energy and Natural Re- NEDY, Mr. KOHL, Ms. LANDRIEU, Mr. At the request of Mr. REID, the sources. LAUTENBERG, Mr. LEAHY, Mr. LIEBER- names of the Senator from Vermont By Mr. WHITEHOUSE (for himself and MAN, Mrs. LINCOLN, Mr. MARTINEZ, (Mr. LEAHY) and the Senator from Mrs. BOXER): Mr. MENENDEZ, Ms. MIKULSKI, Ms. Georgia (Mr. CHAMBLISS) were added as S. 2204. A bill to assist wildlife populations MURKOWSKI, Mrs. MURRAY, Mr. NEL- cosponsors of S. 1382, a bill to amend and wildlife habitats in adapting to and sur- SON of Nebraska, Mr. SPECTER, Mr. the Public Health Service Act to pro- viving the effects of global warming, and for INOUYE, Ms. STABENOW, Mr. WHITE- vide the establishment of an other purposes; to the Committee on Envi- HOUSE, Mr. PRYOR, and Mr. CARPER): ronment and Public Works. S. Con. Res. 51. A concurrent resolution Amyotrophic Lateral Sclerosis Reg- By Mr. DURBIN (for himself, Mr. supporting ‘‘Lights On Afterschool!’’, a na- istry. HAGEL, and Mr. LUGAR): tional celebration of after school programs; S. 1406 S. 2205. A bill to authorize the cancellation considered and agreed to. At the request of Mr. KERRY, the of removal and adjustment of status of cer- f name of the Senator from Illinois (Mr. tain alien students who are long-term United DURBIN) was added as a cosponsor of S. States residents and who entered the United ADDITIONAL COSPONSORS States as children, and for other purposes; 1406, a bill to amend the Marine Mam- S. 65 read the first time. mal Protection Act of 1972 to strength- By Mrs. FEINSTEIN (for herself, Mr. At the request of Ms. LANDRIEU, her en polar bear conservation efforts, and BENNETT, Mr. KERRY, Mr. DURBIN, name was added as a cosponsor of S. 65, for other purposes. Mr. LEVIN, Ms. STABENOW, Mr. DODD, a bill to modify the age-60 standard for S. 1512 and Mr. NELSON of Florida): certain pilots and for other purposes. At the request of Mrs. BOXER, the S. 2206. A bill to provide technical correc- S. 311 name of the Senator from Hawaii (Mr. tions to Public Law 109-116 (2 U.S.C. 2131a INOUYE) was added as a cosponsor of S. note) to extend the time period for the Joint At the request of Ms. LANDRIEU, the Committee on the Library to enter into an names of the Senator from Illinois (Mr. 1512, a bill to amend part E of title IV agreement to obtain a statue of Rosa Parks, DURBIN), the Senator from Alaska (Ms. of the Social Security Act to expand and for other purposes; considered and MURKOWSKI) and the Senator from Indi- Federal eligibility for children in fos- passed. ana (Mr. BAYH) were added as cospon- ter care who have attained age 18. By Mr. SCHUMER (for himself, Mr. sors of S. 311, a bill to amend the Horse S. 1638 SPECTER, Mr. COCHRAN, and Mr. HAR- Protection Act to prohibit the ship- At the request of Mr. LEAHY, the KIN): ping, transporting, moving, delivering, name of the Senator from Oregon (Mr. S.J. Res. 21. A joint resolution proposing an amendment to the Constitution of the receiving, possessing, purchasing, sell- SMITH) was added as a cosponsor of S. United States relating to contributions and ing, or donation of horses and other 1638, a bill to adjust the salaries of Fed- expenditures intended to affect elections; to equines to be slaughtered for human eral justices and judges, and for other the Committee on the Judiciary. consumption, and for other purposes. purposes.

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At the request of Mr. DORGAN, the kansas (Mr. PRYOR) were added as co- 2166, a bill to provide for greater re- name of the Senator from Wyoming sponsors of S. 1958, a bill to amend title sponsibility in lending and expanded (Mr. ENZI) was added as a cosponsor of XVIII of the Social Security Act to en- cancellation of debts owed to the S. 1661, a bill to communicate United sure and foster continued patient qual- United States and the international fi- States travel policies and improve ity of care by establishing facility and nancial institutions by low-income marketing and other activities de- patient criteria for long-term care hos- countries, and for other purposes. signed to increase travel in the United pitals and related improvements under S. 2172 States from abroad. the Medicare program. At the request of Mr. DURBIN, his S. 1843 S. 2033 name was added as a cosponsor of S. At the request of Mr. KENNEDY, the At the request of Ms. KLOBUCHAR, the 2172, a bill to impose sanctions on offi- name of the Senator from South Da- name of the Senator from North Da- cials of the State Peace and Develop- kota (Mr. JOHNSON) was added as a co- kota (Mr. DORGAN) was added as a co- ment Council in Burma, to prohibit the sponsor of S. 1843, a bill to amend title sponsor of S. 2033, a bill to provide for importation of gems and hardwoods VII of the Civil Rights Act of 1964 and greater disclosure to, and empower- from Burma, to support democracy in the Age Discrimination in Employment ment of, consumers who have entered Burma, and for other purposes. into a contract for cellular telephone Act of 1967 to clarify that an unlawful S. 2189 service. practice occurs each time compensa- At the request of Mr. DODD, the name S. 2038 tion is paid pursuant to a discrimina- of the Senator from Massachusetts tory compensation decision or other At the request of Ms. KLOBUCHAR, the name of the Senator from Pennsyl- (Mr. KENNEDY) was added as a cospon- practice, and for other purposes. sor of S. 2189, a bill to provide for edu- vania (Mr. CASEY) was added as a co- S. 1850 sponsor of S. 2038, a bill to prohibit the cational opportunities for all students At the request of Mr. SMITH, the introduction or delivery for introduc- in State public school systems, and for name of the Senator from South Da- tion into interstate commerce of chil- other purposes. kota (Mr. JOHNSON) was added as a co- dren’s products that contain lead, and S.J. RES. 20 sponsor of S. 1850, a bill to amend the for other purposes. At the request of Mr. DORGAN, the Internal Revenue Code of 1986 to pro- S. 2042 name of the Senator from Oregon (Mr. vide for the treatment of Indian tribal At the request of Ms. STABENOW, the WYDEN) was added as a cosponsor of governments as State governments for name of the Senator from Georgia (Mr. S.J. Res. 20, a joint resolution to dis- purposes of issuing tax-exempt govern- CHAMBLISS) was added as a cosponsor of approve a final rule of the Secretary of mental bonds, and for other purposes. S. 2042, a bill to authorize the Sec- Agriculture relating to the importa- S. 1858 retary of Health and Human Services tion of cattle and beef. At the request of Mr. DODD, the name to conduct activities to rapidly ad- AMENDMENT NO. 3320 of the Senator from Maine (Ms. COL- vance treatments for spinal muscular At the request of Mr. COBURN, the LINS) was added as a cosponsor of S. atrophy, neuromuscular disease, and names of the Senator from North Caro- 1858, a bill to amend the Public Health other pediatric diseases, and for other lina (Mr. BURR) and the Senator from Service Act to establish grant pro- purposes. Kansas (Mr. BROWNBACK) were added as grams to provide for education and S. 2086 cosponsors of amendment No. 3320 in- outreach on newborn screening and co- At the request of Mr. LOTT, the tended to be proposed to H.R. 3043, a ordinated followup care once newborn names of the Senator from Kentucky bill making appropriations for the De- screening has been conducted, to reau- (Mr. MCCONNELL), the Senator from partments of Labor, Health and Human thorize programs under part A of title Oklahoma (Mr. COBURN), the Senator Services, and Education, and related XI of such Act, and for other purposes. from Colorado (Mr. ALLARD), the Sen- agencies for the fiscal year ending Sep- S. 1895 ator from Georgia (Mr. ISAKSON), the tember 30, 2008, and for other purposes. At the request of Mr. REED, the name Senator from South Carolina (Mr. AMENDMENT NO. 3321 DEMINT) and the Senator from Okla- of the Senator from Arkansas (Mrs. At the request of Mr. COBURN, the LINCOLN) was added as a cosponsor of S. homa (Mr. INHOFE) were added as co- name of the Senator from South Caro- sponsors of S. 2086, a bill to amend title 1895, a bill to aid and support pediatric lina (Mr. DEMINT) was added as a co- XXI of the Social Security Act to ex- involvement in reading and education. sponsor of amendment No. 3321 pro- tend funding for 18 months for the S. 1921 posed to H.R. 3043, a bill making appro- State Children’s Health Insurance Pro- At the request of Mr. WEBB, the priations for the Departments of gram (SCHIP) and for other purposes. names of the Senator from Maryland Labor, Health and Human Services, (Ms. MIKULSKI) and the Senator from S. 2139 and Education, and related agencies for Alabama (Mr. SHELBY) were added as At the request of Ms. KLOBUCHAR, the the fiscal year ending September 30, name of the Senator from Connecticut cosponsors of S. 1921, a bill to amend 2008, and for other purposes. (Mr. DODD) was added as a cosponsor of the American Battlefield Protection AMENDMENT NO. 3328 Act of 1996 to extend the authorization S. 2139, a bill to amend title 38, United At the request of Mr. VITTER, the for that Act, and for other purposes. States Code, provide educational assistance under the Montgomery GI Bill name of the Senator from South Caro- S. 1930 for members of the National Guard and lina (Mr. DEMINT) was added as a co- At the request of Mr. WYDEN, the Reserve who serve extended period of sponsor of amendment No. 3328 pro- name of the Senator from Colorado continuous active duty that include a posed to H.R. 3043, a bill making appro- (Mr. SALAZAR) was added as a cospon- prolonged period of service in certain priations for the Departments of sor of S. 1930, a bill to amend the Lacey theaters of operation, and for other Labor, Health and Human Services, Act Amendments of 1981 to prevent il- purposes. and Education, and related agencies for legal logging practices, and for other S. 2140 the fiscal year ending September 30, purposes. At the request of Mr. DORGAN, the 2008, and for other purposes. S. 1944 name of the Senator from Wyoming AMENDMENT NO. 3333 At the request of Mr. LAUTENBERG, (Mr. BARRASSO) was added as a cospon- At the request of Mr. THUNE, the the name of the Senator from Florida sor of S. 2140, a bill to award a Congres- names of the Senator from Minnesota (Mr. MARTINEZ) was added as a cospon- sional Gold Medal to Francis Collins, (Mr. COLEMAN) and the Senator from sor of S. 1944, a bill to provide justice in recognition of his outstanding con- South Dakota (Mr. JOHNSON) were for victims of state-sponsored ter- tributions and leadership in the fields added as cosponsors of amendment No. rorism. of medicine and genetics. 3333 proposed to H.R. 3043, a bill mak- S. 1958 S. 2166 ing appropriations for the Departments At the request of Mr. CONRAD, the At the request of Mr. CASEY, the of Labor, Health and Human Services, names of the Senator from Nebraska name of the Senator from Ohio (Mr. and Education, and related agencies for

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13080 CONGRESSIONAL RECORD — SENATE October 18, 2007 the fiscal year ending September 30, bill, today will be remembered, in my some already successfully tried out, 2008, and for other purposes. view, as the turning point in the fight like a cap-and-trade system that has AMENDMENT NO. 3335 against global warming. Let me ex- been so successful in addressing acid At the request of Mr. DORGAN, the plain why I make that very sweeping rain. Also in this bill, which I am very name of the Senator from West Vir- statement. proud of, is a section on energy effi- ginia (Mr. ROCKEFELLER) was added as First, this bill represents a bipar- ciency, which has been so effective in a cosponsor of amendment No. 3335 pro- tisan breakthrough on the Senate En- lowering per capita energy use, costs, posed to H.R. 3043, a bill making appro- vironment and Public Works Com- and greenhouse gas emissions in my priations for the Departments of mittee. When I took the gavel of the own home State of California. Labor, Health and Human Services, committee 9 months ago, I said that For the past 50 years, the United States of America has been the world and Education, and related agencies for global warming was the challenge of leader in environmental protection. the fiscal year ending September 30, our generation, a challenge that I be- Laws such as the Clean Water Act, 2008, and for other purposes. lieved our committee could meet with Clean Air Act, Safe Drinking Water AMENDMENT NO. 3342 knowledge, with bipartisanship, and in pursuit of that knowledge we have held Act, Endangered Species Act, and the At the request of Mr. ENSIGN, the Superfund Act have achieved so much names of the Senator from Alabama 18 global warming hearings and 2 scientific briefings this year in the Envi- for our Nation and so much for our peo- (Mr. SESSIONS) and the Senator from ronment Committee. ple. They have cleaned up our rivers Wyoming (Mr. BARRASSO) were added At our very first hearing in January, and lakes, improved the quality of our as cosponsors of amendment No. 3342 we invited all Senators to come to the air, and protected our drinking water proposed to H.R. 3043, a bill making ap- committee and share their perspec- supplies. Each of those laws—if you go propriations for the Departments of tives. More than one-third of the Sen- back and study them—became a reality Labor, Health and Human Services, ate took part in that historic event. because Congress started on the path and Education, and related agencies for Since then, we have heard from more that, over time, would lead to enact- the fiscal year ending September 30, than 120 witnesses, ranging from util- ment of strong legislation. The same is 2008, and for other purposes. ity executives, Silicon Valley entre- true for what we face today in global AMENDMENT NO. 3348 preneurs, venture capitalists, religious warming. We must start on the path to At the request of Mr. BROWN, the leaders, and Nobel Prize winners. In- pass strong legislation. I have been working very closely names of the Senator from Connecticut deed, yes, we had Al Gore, we had with Senators WARNER and LIEBERMAN (Mr. LIEBERMAN) and the Senator from members of the Intergovernmental as they have assembled their bill, as Rhode Island (Mr. WHITEHOUSE) were Panel on Climate Change, and we also have many other colleagues. I praise added as cosponsors of amendment No. heard from business community lead- my friends for including so many peo- 3348 proposed to H.R. 3043, a bill mak- ers who have formed the U.S. Climate ple, including the occupant of the ing appropriations for the Departments Action Partnership. We heard from chair, Senator CASEY, who was quite of Labor, Health and Human Services, mayors, Governors, and leaders of both involved in crafting the green jobs por- and Education, and related agencies for parties, from many different States, tion of the bill. I have been so im- the fiscal year ending September 30, cities, and counties across America. pressed with the effort they have in- 2008, and for other purposes. Then a wonderful thing happened: vested, seeking out the views not only At the request of Mr. BUNNING, his Senator JOHN WARNER, who is the of other Senators but outside groups name was added as a cosponsor of ranking member on Senator LIEBER- and business leaders, environmental- amendment No. 3348 proposed to H.R. MAN’s Global Warming Subcommittee, ists, everybody, pro and con, with 3043, supra. decided it was time that he play a lead whom they have met. They have put AMENDMENT NO. 3349 role in crafting a landmark environ- great work into this effort. I am proud At the request of Mr. BROWN, the mental law which will take its place of that. names of the Senator from Illinois (Mr. beside the Clean Air Act, the Clean In my own conversations with them, DURBIN), the Senator from Michigan Water Act, the Safe Drinking Water I have laid out some important prin- (Mr. LEVIN), the Senator from West Act, and other great bipartisan envi- ciples that I believe must be reflected Virginia (Mr. ROCKEFELLER), the Sen- ronmental legislation. in legislation to address this challenge. ator from Minnesota (Mr. COLEMAN) Senator WARNER, this decision of First, the most important thing is and the Senator from Maine (Ms. yours is giving heart and hope to lit- that any bill has to include real, man- SNOWE) were added as cosponsors of erally not only the people of the United datory cuts in global warming pollu- amendment No. 3349 proposed to H.R. States of America but all the people tion. Any bill we pass must set the Na- 3043, a bill making appropriations for who share our planet. I know in your tion on the path to achieving the emis- the Departments of Labor, Health and beautiful State of Virginia how proud sions reductions that will avoid dan- Human Services, and Education, and they are. We had a hearing with you gerous climate change. Under the Lie- related agencies for the fiscal year end- and with Senators MIKULSKI and berman-Warner bill, we anticipate ing September 30, 2008, and for other CARDIN, and we heard about the impact reaching 1990 emissions levels by 2020. purposes. of global warming already taking place This will send a strong early signal to f on the Chesapeake. Your Governor was the marketplace, which is a very im- also there. So this is a great moment. portant part of getting where we need STATEMENTS ON INTRODUCED I cannot tell you how touched and BILLS AND JOINT RESOLUTIONS to go. moved I am that Senator WARNER has The second necessary element is the By Mr. LIEBERMAN (for himself, joined Senator LIEBERMAN. It is a won- flexibility to respond to new informa- Mr. WARNER, Mr. HARKIN, Mr. derful moment in history. This, I be- tion because all of us know that daily COLEMAN, Mrs. DOLE, Ms. COL- lieve. we face new reports, new scientists LINS, Mr. CARDIN, Ms. KLO- We would never leave a child alone in telling us new things we didn’t know BUCHAR, and Mr. CASEY): a hot, locked car, and I believe the Sen- before. So I ask my colleagues if they S. 2191. A bill to direct the Adminis- ate Environment and Public Works would include what I call a look-back trator of the Environmental Protection Committee will not leave this issue of provision in the bill. The bill must in- Agency to establish a program to de- global warming burning for another clude provisions for continuing to re- crease emissions of greenhouse gases, generation to address. It is our respon- view the science. We want to have our and for other purposes; to the Com- sibility, and we must act. work based on science, and it has to mittee on Environment and Public Today, with the introduction of this happen at regular intervals. We have to Works. bill, we are taking the first immensely know whether we are doing enough, too Mrs. BOXER. Mr. President, for me, important legislative step to meet the much, or if we have to do even more. today is one of the most important challenge of global warming with hope Third, we must establish a cap-and- days in my career because, with the in- and not with fear and with approaches trade program for global warming pol- troduction of the Lieberman-Warner that are carefully thought out and lution like the one that worked so well

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13081 in curbing acid rain. A cap-and-trade I hope and believe myself that she is eventually the full committee, I do system will put a market price on car- right—that we will look back on this hope we can have his cooperation. bon, driving greater efficiency and new day, as we stand here together across Mr. President, at this time, I ask technology, while reducing greenhouse party lines to introduce this legisla- that the hour for this debate be ex- gas emissions. tion, as the beginning of something tended from 10:30 a.m. to 10 minutes to Fourth, we must protect the pio- very significant that finally happened. 11 to accommodate Senator INHOFE, neering State efforts that are already I have said before, and I will say it who now will give his remarks, and underway. The States have been lead- again, at this moment, I feel as if we then Senator COLLINS and Senator ing the way on this issue and doing it had been in a race between tipping ALEXANDER. in the most bipartisan fashion. In my points. The challenge would be that we Once again, I thank my distinguished own State of California, we have seen get to the political tipping point where chairman and ranking member. We are trailblazing there with a Republican we could come together and do some- off, we are out of the starting gate. Governor and a Democratic legislature. thing about global warming before we I yield the floor. I believe my State has the gold stand- reach the environmental tipping point, The PRESIDING OFFICER. Without ard bill. A total of 29 States have com- after which it would be harder to avoid objection, it is so ordered. The Senator pleted comprehensive climate action the worst consequences of global warm- from Oklahoma. Mr. INHOFE. First of all, Mr. Presi- plans, and many have set mandatory ing. reduction targets. We don’t want to I think today we have begun to reach dent, I had to come down here. Quite interfere with their work. that political tipping point, and there frankly, I didn’t find out until last Fifth, it is a moral imperative to do is no one who is more responsible for night—actually, until this morning, what we can to ease the impacts of that than the senior Senator from Vir- really—any of the parameters of this bill. My good friend from Connecticut global warming—not only on the Amer- ginia, my dear friend, JOHN WARNER. ican consumer but on world popu- His partnership with me on this and his just said they have been working on it lations suffering from drought, floods, commitment to get this done have for months and months, and yet no- and famine. The religious community made all the difference. body knows what it is. So only this has worked very closely with all of us I am pleased to stand with my friend morning I received some information. I see it is very similar to the McCain- on this moral imperative. from Virginia to announce today the Lieberman bill that passed. I remember Finally, a bill must take into ac- introduction of the America’s Climate we stood here and debated that bill for count the actions of countries that are Security Act. I am proud to also say 5 days, I guess it was, a couple of years not making progress toward a clean, that we have five original cosponsors— sustainable energy future and must ago. I hope—and with the chairman of Senators CARDIN, COLEMAN, COLLINS, help level the playing field. Countries the Environment and Public Works DOLE, and HARKIN. The doors are wide that want to export goods into the Committee here—that we are going to open for additional cosponsors as this United States must take steps con- have hearings on this legislation and day and the days after go on. sistent with our global warming policy This day comes after several months spend some time, get into it because we or be accountable for their emissions. do not get into something this big of work with Senator WARNER, with All of these elements I have men- our staffs, with stakeholders, environ- without hearing very significant tioned are included in the Lieberman- mentalists, business community peo- issues. Warner bill. Some of us may want to I will give a couple examples. First, ple, and numerous hearings before the make them stronger, and some of us let me ask a question. How much time Environment and Public Works Com- may want to make them weaker. But do I have, I ask my friend from Vir- here is the important point: We have mittee. This legislation, S. 2191, America’s ginia? the framework. Every single issue any- Mr. WARNER. Mr. President, my un- Climate Security Act, is the result of one could raise about global warming derstanding is the Senator wants 5 or 6 all that work. It is a pleasure now to has been raised and addressed in this minutes. bill, giving us a perfect place to start. yield to the aforementioned great Sen- Mr. INHOFE. I will go ahead. That is I thank all of my colleagues who ator from Virginia, JOHN WARNER. fine. I will initially mention a couple The PRESIDING OFFICER. The sen- have introduced bills to deal with glob- of points that are of concern to me. al warming. Each bill has made an im- ior Senator from Virginia. First, this has been something my portant contribution to the debate, and Mr. WARNER. Mr. President, I first colleagues have worked on for a long I know each bill has helped Senators thank our distinguished chairwoman period of time. I understand that is from California. From the very mo- WARNER and LIEBERMAN craft an excel- true because I have heard my friend lent piece of legislation. We have this ment she seized the reins of the chair- from Virginia tell that to me and oth- framework. We can build on it; it em- manship of this committee, she indi- ers on the committee. But we really bodies all of the key concepts. The bi- cated a strong desire to address this didn’t find out what it is. partisan progress on the bill is a reflec- problem. I am reading something that came tion of how far we have come and I thank my colleague from Con- out of the Congressional Quarterly this brings us that much closer to the day necticut. He is the chairman of the morning. One sentence: subcommittee with primary jurisdic- we will have comprehensive legislation Emissions caps would start at the 2005 to deal with this great challenge of our tion over this matter. I purposely level in 2012 and decrease annually, reaching generation. chose, as the longest serving member the 1990 levels in 2020 and 65 percent below It is with great pride that I yield the on the Environment and Public Works 1990 levels in 2050. floor to Senator JOE LIEBERMAN. Committee on the Republican side, to I assume that is an accurate descrip- The PRESIDING OFFICER. The Sen- be ranking for the purpose of this day tion. ator from Connecticut is recognized. coming to the floor of the Senate and Mrs. BOXER. Yes. Mr. LIEBERMAN. Mr. President, I indicating to our colleagues that we Mr. LIEBERMAN. Mr. President, the thank the distinguished chair of our had formulated a starting point for the Senator from Oklahoma is correct. Environment Committee. I thank her Congress to assume its leadership Mr. INHOFE. As I recall, the other for her very kind and informed re- which I believe, as a coequal branch of bill we had 2 years ago was that emis- marks, but, more broadly, I thank her our Government, we have. sions caps would start at the 2004 level for the steadfast encouragement she I am proud of the achievements we by 2012, and there was no intermediate has given to Senator WARNER and me have made to date. I shall address them step at that time. So it went down to and for her principled, passionate, and further, but at this time, I yield the one-third below the baseline by 2050. very effective leadership. She under- floor to our distinguished colleague, That is my understanding. I think that stands that global warming is real and Senator INHOFE, the ranking member is accurate. So there is not that much wants to use the chairmanship she has of the full committee, and thank him. difference. If anything, it is lower be- now to see that we, together, fashion a While we differ on the substance of cause this is one-third below the base- solution to this very real problem. I these matters procedurally and we line, and this one is 65 percent below. It thank her. work our will in the subcommittee and would be even more of a cut by 2050.

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13082 CONGRESSIONAL RECORD — SENATE October 18, 2007 The reason I bring up this point is be- evaluation. If we go back to the old opposite—because I do think certainly cause these issues don’t happen in a Kyoto reductions, the Wharton Eco- the Senate gets the benefit of the broad vacuum. These are issues that are very nomic Survey said it would cost the av- viewpoint on this subject of global costly. The term ‘‘tipping point’’ was erage family of four in America $2,700 a warming. used recently. I agree there is a tipping year. Then when MIT came out ad- I yield the time back to Senator LIE- point, and I am going to be reserving dressing the two bills—the Boxer bill BERMAN. more than 2 hours in the next few days that is not yet introduced—it would The PRESIDING OFFICER. The Sen- on the floor, and I don’t want my good cost the energy system, it would in- ator from Connecticut. friends to endure the whole 2 hours but crease the cost of energy an amount Mr. LIEBERMAN. Mr. President, I at least give consideration to what is equal to $4,500 for a family of four, and thank the chairman of the committee, happening right now, and it is unbe- this bill apparently, or at least the old and I thank the Senator from Okla- lievable. McCain-Lieberman bill, which this is homa. Obviously, we are going to have I have never seen such a change in very similar to but a little bit more ag- a spirited debate on this subject. What I want to say is the pleasure I science as we have witnessed in the gressive in the later years, it would be have in having announced the seven last 5 months. The entire speech I am $3,500 per family of four. going to give is talking about what has I remember coming down to this original cosponsors. As Senator INHOFE happened in the last 5 months. Let me floor, I say to my good friend from indicated, I had partnered with Senator give an example. Tennessee, back in 1993 during the larg- MCCAIN on an earlier version of a climate change bill. We brought it before In August alone, the University of est tax increase in the last few years the Senate twice. It failed twice. Washington claims to be ‘‘the first to prior to that. It was called the Clinton- To me, the most remarkable and spe- document a statistically significant Gore tax increase. It was an increase cific fact today that gives me encour- globally coherent temperature re- that was equal to about $300 per family agement is of the seven original co- sponse to the solar cycle.’’ They came of four. Here we are talking about sponsors—that is, Senator WARNER and out and said it is due to natural causes. something that will be 10 times the I and the five others who have just They were on the other side of this largest tax increase in the last three come forward without us reaching out issue before. decades. to them—four of those seven voted A Belgium weather institute, August This fact cannot be ignored if there is against one or both of the iterations of 27—all of this is in August of this year, some question in terms of science. the McCain-Lieberman bill. So this 2 months ago—natural causes. They will say there is not, that it is issue is moving in the right direction. A peer-reviewed study published in settled. I am going to be quoting facts It is moving in the right direction be- ‘‘Geophysical Research Letters’’ finds that will shoot that down, and people cause we have answered in this bill natural causes. should look at it. We have to realize we some of the questions and concerns Here is a significant one now because have a lot of families in America, and that Senator INHOFE expressed about over and over, I say to my good friend we have to consider what kind of a tax from California, we have heard that the economic consequences. increase this will impose on them. First, I wish to say America’s Cli- 1998 was the hottest year. Now NASA My hope is this—and I say this to the mate Security Act is for real. It has come along and said, no, it was chairman of the Environment and Pub- achieves necessary emissions by put- 1934. Interestingly enough, 1934 precip- lic Works Committee who will be join- ting a cap on America’s greenhouse gas itated the largest increase in CO2 going ing me in about 3 minutes in a hear- emissions over electric power, trans- into the atmosphere. After 1940, there ing—let’s have some hearings on this portation, and manufacturing sources was an 80-percent increase going into legislation. Let’s bring it out. Let’s that account for 75 percent of U.S. the atmosphere. really spend some time because this is greenhouse gas emissions and by But here is the one, if my colleagues very significant if we are looking at strengthening energy efficiency stand- are not listening to anything else, and something that is going to cost the av- ards for appliances and buildings. I have a feeling they are not, I say to erage taxpayer something like 10 times I note the presence on the floor of my friend from California. the largest tax increase we have experi- our colleague from Tennessee, Senator Mrs. BOXER. Yes, I am with you. enced in this country. I look forward to ALEXANDER. I know this was of par- Mr. INHOFE. Listen to one point. I it. ticular interest to him. He made a sig- appreciate it. In the same month, Au- Mrs. BOXER. Mr. President, I will nificant contribution to this bill in gust, they peer-reviewed scientific lit- take 1 minute. As I said to Senator that regard. erature, all of the literature from 2004 LIEBERMAN, before Senator INHOFE and Now, what does this achieve? It does to 2007. In this report—this is 539 pa- I go to a hearing we are having in the what we have to do. It doesn’t do ev- pers. These were the same ones used Environment and Public Works Com- erything everybody wants to do. I have before as an example of what is going mittee, I thank my colleagues for par- already heard from some who have said on. This is what they are going to re- ticipating in this conversation. Sen- it doesn’t go far enough. But let me set view. It has not been released yet. It ator INHOFE is right. This is a very im- up this standard: The Intergovern- was done in August: portant moment in time. The cost of mental Panel on Climate Change, the Less than half of all published scientists doing nothing, according to the leading group of more than 2,000 scientists endorse the global warming theory. economist on this topic in the world, from around the world who just shared Less than half. Then it says: Nicholas Stern, is five times what the the Nobel Prize with our former col- Of 539 total papers of climate change, only cost will be to address this issue now. league Al Gore, has said the goal 38— So let’s be wise about what we do. should be to keep the concentration of That is 7 percent ‘‘gave an explicit The second point is, I am looking for- greenhouse gases in the atmosphere endorsement’’ that man is the major ward to Senator INHOFE’s 2 hours on below 500 parts per million, because cause of climate change. That is huge. the Senate floor. I really am. Mr. that will avoid what they describe as That wasn’t here until August of this President, I say to Senator INHOFE, I the high risk of severe global warming year. am giving him a compliment. impacts here in the United States, I only bring these points out to say I said, I am looking forward to hear- which obviously has to be our first con- that anyone who says the science is ing Senator INHOFE for 2 hours on the cern, but also around the world. settled to at least give me their atten- Senate floor, and I hope he will stay for I am pleased to say that if you take tion for 2 hours. I will be talking about my 2 hours when he is done. I will, in the Environmental Protection Agen- these issues. fact, do that because many of the cy’s analysis of the McCain-Lieberman Here is what the American people points Senator INHOFE makes—it is bill and apply it to this bill that Sen- need to know. I don’t know what the cherry-picking information. ator WARNER and I are introducing, cost of this would be if we were to pass I think it is very important that we you will find the concentration of the Warner-Lieberman bill. I have no have this debate. In many ways, it is greenhouse gases will be well below way of knowing because I didn’t see it good we are chairman and ranking that danger level of 500 parts per mil- until this morning. No one has made an member—and the last time it was the lion by the end of the century.

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13083 Secondly, Senator WARNER and I are worked on with him that will ensure Mr. WARNER. Mr. President, this as committed to promoting and sus- that low- and middle-income Ameri- wonderful organization, the Senate, taining American prosperity as we are cans do not bear the brunt of paying has strong friendships. That is the way to protecting America’s environment for this program. we operate. It may not be apparent. We and the global environment from the This bill is a synthesis of an enor- tend to be a little contentious. Par- danger of climate change. Senator mous amount of work on the part of tisanship has always been a part of the INHOFE made an interesting point. This many Members of the Senate. Senator legislative process since its very incep- is different from McCain-Lieberman, WARNER and I are deeply grateful for tion, but we do have mutual respect for which had big jumps, or I should say their contributions. Let me say it spe- one another in this Chamber across the big drops in greenhouse gas emissions. cifically: We are introducing the legis- aisle. We create a steady glidepath down, and lation today. Our subcommittee is I thank my dear colleague from Con- that is going to be easier for the going to have a hearing next week. We necticut for his very heartfelt remarks, sources of emissions to deal with. are going to do the markup the week and I assure him I return in full meas- Yes, we set a good solid goal in 2020 after that, the week of October 29. This ure the compliments he has bestowed to make it clear that this is real, a 20- is an ongoing process. upon me, such as I can bestow the same percent reduction, bringing us back Our doors, Senator WARNER’s door upon him. down to where the 1990 levels were. So and mine, are open. We are putting be- Now, I am not as sure we are on the it is real, but it moves slowly. And in fore the Senate today exactly what he 50-yard line. I want to drop back a lit- this cap-and-trade system, with the said, a framework, a strong, detailed, tle bit. I think we have caught the punt and we are beginning to move auctioning of credits and the oppor- politically credible bill that has a real down the field. This is going to be a tunity to subsidize some and provide chance of passing, but we are not very long and contentious, as it should free credits to other businesses while claiming perfection here, and we wel- be, piece of legislation. But somehow, I they are in the transition, we are going come the opportunity to work with our have a measure of confidence that the to smooth the impact. colleagues on both sides of the aisle. Senate, as a body, will eventually act We have also created a mechanism— This is not a partisan issue and it cer- on a bill for climate change. I am also a carbon market efficiency board, very tainly is not a partisan problem to fix confident that bill, in its final analysis, creative—which comes out of work it before our children and grand- will have the basic goals we are out- Senator WARNER did with Senators children suffer from it. lining today. RAHAM ANDRIEU INCOLN Finally, before I yield back to Sen- G , L , and L , a I say to my good friend from Okla- kind of Federal Reserve Board for cli- ator WARNER, I again want to come homa, the distinguished ranking mem- mate change cap and trade, which can back to him. JOHN WARNER and I have ber of the full committee, yes, we just step in during times of economic stress worked together on many matters, finished the bill last night, but that is to smooth this out so the American mostly regarding America’s national often the way things go around here. I economy will continue to grow. And, of security, as I have served under his have been absent a few days, but I am course, the basic premise here—cap and leadership on the Armed Services Com- hopefully back now for an extended trade—is to set the standard: Reduce mittee. His decision to come to the time to get this bill underway in our greenhouse gas emissions. Make sure leadership of this effort to stop the on- committee. But we did sort of open our you are reducing them. ward movement of climate change has doors for business, as the commercial Others have said: Why don’t we pass made all the difference. I can’t say it world says, in August. That brought a carbon tax? Well, I suppose a carbon any better. It is the tipping point, as forth a very important forthcoming tax would reduce carbon-emitting fos- far as I am concerned, in this Chamber. from the widest possible diversity of sil fuels, but we don’t know that for I believe he is doing it for the same sources in the private sector, and not sure. Look how the demand for gaso- reason that has motivated him in the only the business world but the edu- line has stayed up even as the price has other work we have done in the Armed cational world, the philanthropic gone up. So you don’t want to tax peo- Services Committee. He feels America world, and on it goes. They came to ac- ple without a certainty of result. Man- is threatened by this environmental cept our offer to work with us to try datory cap and trade guarantees the re- problem and he wants to be part of the and fashion this bill. So together with sult: We want to protect our environ- solution to it. our colleagues and others, we have put ment, our lives, our health, our wild- We all know our colleague is retiring, this together and we are launching it life, and our beautiful natural places. after enormous service to our country, today. It does it in a way that will drive inno- at the end of this session. I think that I want to make certain that time is vation and entrepreneurship. The mar- together we have the opportunity, with given to my other colleagues, so I will ket this bill creates will do what we in his participation, for this to be, in a give my remarks later, but I stress the this country have known that markets long life of great service to America work that has been done by so many of do best—they get the job done and both in this Chamber and in service in our colleagues prior to this bill being drive prices down. the military, one of the great acts of introduced today: the McCain-Lieber- I say finally that this legislation in- service and leadership that JOHN WAR- man bill, which my colleague from cludes many provisions that were NER has done for America. I thank him Connecticut has mentioned; the Binga- drafted, suggested and, in fact, in some from the bottom of my heart as a dear man-Specter bill. Senator LIEBERMAN cases introduced by colleagues in the friend and a wonderful partner in this and I have made a point of personally Senate. This is an incomplete list, but effort. going to the offices and visiting with I want to be certain I mention Sen- I also want to thank his extraor- each of the principal cosponsors, I be- ators COLLINS and ALEXANDER, who are dinarily tireless legislative assistant, lieve, of all of these various bills and on the floor, Senator COLEMAN—and I Chelsea Maxwell, who has worked so indicating to them our desire to take a will come back to him specifically— well with Dave McIntosh and Joe portion of their work product and Senators BOXER, LAUTENBERG, SAND- Goffman on my staff. This is the day of weave it into this, the bill that is be- ERS, MCCAIN, BINGAMAN, SPECTER, a breakthrough, but it is only a begin- fore the Senate as of today: The Alex- DOLE, HARKIN, KLOBUCHAR, CARPER, ning. We have kind of crossed the 50- ander powerplant bill, and Senator LINCOLN, CASEY, and BAUCUS. yard line here, I think, my friend from ALEXANDER will soon be addressing the Senator COLEMAN particularly has Virginia, and we have some work to do Senate on that; the Landrieu-Graham- made a contribution to this legislation before we go into the end zone, but Lincoln-Warner cost containment bill; that responds to a statement Senator with your help, we are going to do it. the Kerry carbon capture and storage INHOFE made. What is the impact this Mr. President, I thank the Chair, and bill; the Coleman CO2 pipeline bill; and is going to have on average working I yield the floor back to my friend from the Klobuchar-Snowe registry bill. people in this country—middle income, Virginia. We readily acknowledge the ground low income? We are concerned about The PRESIDING OFFICER (Mr. NEL- that has been broken, the important that, and Senator COLEMAN has essen- SON of Nebraska). The Senator from gains thus far of so many of our col- tially inserted a provision here that we Virginia. leagues. But with due respect to the

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13084 CONGRESSIONAL RECORD — SENATE October 18, 2007 administration, the basic difference be- The PRESIDING OFFICER. The Sen- This bill includes $30 billion through tween the administration’s approach ator from Minnesota is recognized. 2030 for job training for new clean en- and our approach is we feel that volun- Mr. COLEMAN. Mr. President, I ergy jobs that provide new employment tarism will not achieve the goals, the thank my friend from Connecticut and opportunities in the new green econ- leadership that America must simply esteemed colleague from Virginia for omy. It authorizes the President to re- take on this issue to join the other na- their work on this critical issue of cli- quire importers of greenhouse-gas-in- tions of the world that have taken up mate change. We spend a lot of time in tensive manufactured products credits leadership. The only way we feel to do this debate talking about large num- if their home countries have not taken this is by law. bers: the number of species that could comparable action. It incentivizes Essentially, we are asking the infra- be lost, the millions of metric tons of clean energy technology by investing structure in America—the industrial CO2, the billions of dollars at stake for an estimated $400 billion through 2030 infrastructure, the transportation in- our economy if mitigated incorrectly. in zero and low carbon technologies, to frastructure, the power infrastruc- But it is smaller numbers I am most accelerate our transition to a clean en- ture—to consider very significant in- concerned about—hundreds of dollars. ergy future. vestments, calling upon the investment That is what the annual burden could This bill does not just take care of community in America to bring for- be for a household making around the environment; it takes care of our ward the private sector resources and $15,000 a year should we attempt to children. It is a major step forward in begin to make those commitments now transform our energy supply without addressing global climate change in a so we can attain the goals in the fu- holding struggling families harmless. manner that brings the Senate to- One elderly woman waiting at a bus ture. And, quite frankly, we have rec- gether. This is, a tremendous bipar- stop in Minneapolis-St. Paul, when it ognized from the beginning there will tisan coalition. Some folks were not on gets to be about minus 15, minus 20, be a burden on the American tax- this side a while ago, but understand sometimes minus 25, who is on a fixed payers. the problem is real and the path we are income, who can’t find money for her There will be a burden, in fact, on al- taking is a responsible path. other needs if energy rates go up—this most every single American, and it will I am proud to cosponsor this bill. I is the price paid if we do not address be financial in some respects. We do thank both Senators for their hard climate change responsibly; the young work and determination. They have not anticipate exactly how much it daughter who hopes her dad can keep proven they are committed to action. I will be, but every time you fill up your his job mining taconite up on the Iron car with gasoline, some portion of that Range in northern Minnesota. This is am proud to stand by their side. I yield the floor. will go toward America’s role to lead in the family we must protect if China de- The PRESIDING OFFICER. The Sen- global climate change. The power in- cides it won’t take responsibility for dustry, the transportation industry, ator from Maine. its emissions. It is the numbers our Ms. COLLINS. Mr. President, I rise they will all have to make their respec- neighbors count that raise the most today as a proud cosponsor of the Lie- tive contributions. critical issues in the climate change berman-Warner America’s Climate Se- So I join my good friend from Con- debate, the little things that end up be- curity Act. This bill will address the necticut in acknowledging the work coming the big things. that has been done by our respective That is why, when I signed on to Sen- most significant environmental challenge facing our country and I want to staffs, the staff of our chairman and ator LIEBERMAN’s Climate Stewardship others, but this is like a great ship and Innovation Act several months add my praise to that already heard of that has been launched today. And as ago, we came to the floor together and the two leaders, Senator LIEBERMAN we say in the Navy, you launch them signed our names to a sense-of-the-Sen- and Senator WARNER. I am convinced and then you finish outfitting them. ate resolution that stated that any this bill does represent a tipping point Now it is up to our colleagues to come comprehensive, mandatory greenhouse because of the coalition brought to- forward with their ideas. We approach gas emissions reduction program en- gether to advance this bill. it with an open mind. This body will acted by Congress must also take care The scientific evidence clearly dem- eventually shape the bill. of low-income Americans, who will see onstrates the human contribution to We will move it into subcommittee their energy costs rise, prevent U.S. climate change. According to recent next week, do our markup, hopefully workers from being undercut by for- reports from the Intergovernmental report that out successfully, move on eign industries that produce goods in Panel on Climate Change, increases in to full committee, and in this calendar countries without comparable green- greenhouse gas emissions have already year finish a product by the Environ- house gas reduction programs, and increased global temperatures and ment and Public Works Committee incentivize the production of clean en- likely contributed to more extreme such that next year our respective ergy technologies so that Americans weather events such as drought and leaders can determine when is the ap- can create more green jobs at home floods. These emissions will continue propriate time for this measure to be while diversifying our energy supply. to change the climate, causing warm- brought to the floor. Senators LIEBERMAN and WARNER ing in most regions of the world, and Mr. President, I ask unanimous con- have listened to my concerns over the likely causing more droughts, floods, sent that the balance of the time be last few months as they have worked and other societal problems. equally divided between Senators to craft this legislation. This bill is In the United States alone, emissions COLEMAN, COLLINS, and ALEXANDER, in hard evidence that they took those of the primary greenhouse gas, carbon that order, and that they be given the concerns to heart and that they too dioxide, have risen more than 20 per- opportunity, even though they are not care about the small numbers that af- cent since 1990. Climate change is one at this point in time sponsors, to ad- fect our fellow Americans the most. of the most daunting challenges we dress the body. So that I believe the There are several provisions I am face, and we must develop reasonable hour for this debate will continue from particularly proud of in America’s Cli- solutions to reduce our greenhouse gas now until the hour of 11 a.m. mate Security Act, including provi- emissions. I so make that unanimous consent sions to provide an estimated $275 bil- That is why I am truly excited about request. lion for low- and middle-income fami- this coalition. Senator LIEBERMAN de- The PRESIDING OFFICER. Without lies to help hold them harmless against serves much praise for his longstanding objection, it is so ordered. increased energy costs, including addi- leadership, for working with Members Mr. WARNER. We did that in con- tional funding for critical programs on both sides of the aisle. Senator sultation with our respective leaders. I such as LIHEAP and the Weatheriza- WARNER’s commitment to taking on ask the time equally be divided be- tion Assistance Program—programs this cause gives me much hope that for tween these two Senators. that the Senator from Maine, who is on the first time we are actually going to The PRESIDING OFFICER. Each the floor, championed, because we get a bill through that is going to Senator will have 5 minutes. know how important they are for make a difference. Mr. WARNER. I yield the floor to those, the least amongst us, who are This bipartisan bill presents a prac- Senator COLEMAN. impacted so greatly by energy costs. tical, economically sound approach to

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13085 reducing America’s greenhouse gas from Tennessee is recognized for 5 min- Cap and trade creates a more certain emissions by 70 percent over 2005 levels utes. environment than a tax. Congress by the year 2050. Mr. ALEXANDER. Mr. President, I would have to revisit the carbon ques- I also thank Senator COLEMAN for his congratulate the Senators from Con- tion to determine whether the tax is contributions to this bill, for making necticut and Virginia for their leader- high enough to achieve the environ- sure that we looked at the economic ship. Their presence in front of this bill mental goal, which could result in con- impact, particularly on low-income makes a huge difference in this Cham- stantly changing limits and taxes. families. ber. I congratulate Senator COLLINS, With a carbon tax there is more possi- I have observed in person the dra- Senator COLEMAN, Senator DOLE, and bility that the cost of the tax will sim- matic effects of climate change. I have the other cosponsors. ply be passed along to the consumer. had the opportunity to be briefed by The question before the Senate is not A sector-by-sector approach of the the most preeminent experts in this whether to act on climate change, or kind I advocate allows us to build on field. when to act on climate change, but steps already taken. For example, in On a trip to Antarctica and New Zea- how to act on climate change. How the transportation sector, Congress has land, for example, I learned more about shall we, in this Congress, begin to re- already begun to mandate renewable the groundbreaking research done by duce greenhouse gas emissions with the fuels to reduce greenhouse gasses. scientists from the University of most certainty, least complexity, and This year the Senate enlarged that Maine. One of those professors, a dis- the lowest cost? The Lieberman-War- mandate and adopted fuel efficiency tinguished National Academy of ner legislation prefers an economy- standards for cars and trucks. I believe Sciences member, George Denton, wide cap-and-trade approach. I prefer a we should add to those steps a low-car- toured parts of sites in New Zealand sector-by-sector approach, that is, de- bon fuel standard; that is, requiring with us. He showed us sites that had vising the lowest cost, least complex transportation fuels to decrease gradu- been buried by massive glaciers at the approach tailored to each of the three ally the amount of carbon in the gaso- beginning of the 20th century but are largest sectors of the economy that line they contain, which is a logical produce the most greenhouse gases. now ice free. Fifty percent of the gla- and manageable next step. Since my first year in the Senate in ciers in New Zealand have melted since In addition, both in the Energy bill of 2003, first with Senator CARPER and 1860—an event unprecedented in the 2005 and the Energy bill the Senate then with Senator LIEBERMAN, I have passed earlier this year, Congress last 5,000 years. introduced legislation to put a cap on The melting is even more dramatic in began to encourage more efficient carbon emissions from the first of the northern hemisphere. In the last 30 buildings. Making those steps more ag- these three large sectors, electricity years, the Arctic has lost sea ice cov- gressive holds the promise for enor- powerplants. These plants produce 40 mous carbon savings at the least cost. ering an area 10 times as large as the percent of the carbon dioxide and 33 State of Maine. At this rate that area I believe a sector-by-sector approach percent of the greenhouse gases in the will do the least harm. It avoids impos- is going to be ice free by the year 2050. United States. I will now broaden my In Barrow, AK, I witnessed the im- ing new regulations directly on the legislation to include two other major manufacturing sector, who neverthe- pact of the melting permafrost. I saw sectors of the economy, one, a low car- telephone poles that had been planted less may have higher costs for fuel and bon fuel standard for the fuels used in electricity, and therefore avoids adding decades ago in the permafrost that are transportation—transportation pro- now leaning over. I talked to native to the pressure to ship jobs overseas. duces another one-third of America’s By minimizing guesswork, my ap- people who told me they were seeing greenhouse gases—and, third, an ag- proach avoids grand plans that sound insects that they have never seen that gressive approach to building energy good but may turn out to invoke the far north; that there has been an ex- efficiency. I am grateful to the spon- high law of unintended consequences. I traordinary change in the pattern of sors for including energy efficiency in also believe a sector-by-sector ap- fish spawning in the area. their legislation. These are dramatic changes. The proach is the easiest approach. Tailoring our approach to only these The PRESIDING OFFICER (Mr. time has come to take meaningful ac- three sectors—powerplants, transpor- BROWN). The Senator’s time has ex- tion to respond to climate change—not tation, and buildings—would cover pired. only talk about it but to pass legisla- about two-thirds of all U.S. greenhouse Mr. ALEXANDER. Mr. President, I tion. My colleagues have worked so gas emissions. I believe I heard Senator ask unanimous consent for 1 additional hard to develop this legislation that LIEBERMAN say the Lieberman-Warner minute. will preserve our environment for fu- bill would approach 75 percent of the The PRESIDING OFFICER. Without ture generations while providing rea- greenhouse gas emissions. objection, it is so ordered. sonable, achievable emission reduction As we implement laws reducing emis- Mr. ALEXANDER. Mr. President, I goals, offsets, and incentives for the in- sions from these three large sectors, we believe it is the easiest approach for dustries covered by this bill. could learn more and move on to the Members of Congress to understand The America’s Climate Security Act other sectors in the future. A sector- and explain to our constituents these covers U.S. electric power, transpor- by-sector approach minimizes guess- very complicated issues. As the recent tation, and manufacturing sources that work. For example, the United States debate on comprehensive immigration together account for 75 percent of U.S. has 16 years experience with a cap-and- should have taught us, this is not an greenhouse gas emissions. It requires trade program designed to reduce acid insignificant concern. these sectors to reduce their emissions rain pollution from powerplants. The The Lieberman-Warner economy- to 70 percent below 2005 levels by 2050. program costs less than expected. Util- wide climate change legislation is an I am pleased that the bill also ities have experience with how it important contribution. I will not be a strengthens energy efficiency stand- works, and we have in place right now cosponsor as this point because I prefer ards for appliances and buildings, and the mechanisms we need to measure sector by sector, but I will be a full sets aside credits and funding to deploy and regulate carbon from utility participant in the committee and the advanced technologies for reducing smokestacks. Cap and trade, which the Senate to produce a sensible piece of emissions and helps protect low- and Lieberman-Warner bill employs, and legislation in this Congress. middle-income Americans from higher which my legislation employs for the The question before the Senate is not energy costs. utility sector, is a Republican idea, ad- whether to act on climate change or Let me conclude my remarks by vanced by the first Bush administra- when to act, it is how to act. And we again applauding the leadership and tion in the Clean Air Act Amendments should act in this session. the hard work of my colleagues from of 1990. With cap and trade, the Govern- The PRESIDING OFFICER. The Sen- Connecticut and Virginia. I urge all of ment sets the limits and the deadlines, ator from Virginia. our colleagues to consider joining us on and the market sets the price. With a Mr. WARNER. Mr. President, I wish this important legislation. carbon tax, on the other hand, the con- to thank my colleagues, Senators The PRESIDING OFFICER. Under gressional tax committees and the In- COLEMAN, COLLINS, and ALEXANDER. the previous order, the senior Senator ternal Revenue Service set the price. Each of you made a contribution.

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13086 CONGRESSIONAL RECORD — SENATE October 18, 2007 I thank the leadership of the Senate the most savvy and best known envi- aggressive, not less aggressive, in ad- who made available this very impor- ronmental writers in the world. He dressing this major planetary crisis. tant hour for our bill to be laid down. happens to teach at Middlebury Col- It may well be that the legislation Now the work begins. lege. He said: Senator BOXER and I introduced is too Mr. CASEY. Mr. President, I rise to It’s not Democrats negotiating with Re- conservative, but it is for sure that we speak about legislation which was in- publicans or environmentalists negotiating should be going forward and not back- troduced this morning, America’s Cli- with business interests. It’s human beings ward. mate Security Act. I congratulate and negotiating with chemistry and physics, and Let me take this opportunity to commend a number of our colleagues chemistry and physics don’t really do much quote from some of the major environ- in the way of bargaining. Science has told us but especially Senators LIEBERMAN and mental organizations in terms of what what we need to do: cut carbon emissions they are saying about the legislation WARNER for their work on this impor- quickly in the next few years, and keep that tant legislation that slows, stops, and pressure on til we’ve trimmed our emissions introduced today by Senators LIEBER- reverses global warming. I also thank at least 80 percent by midcentury. No loop- MAN and WARNER. I think it is best that Senator BOXER for her continued lead- holes for vested interests, no hard-to-quan- I read from them rather than giving ership and unwavering commitment to tify offset schemes, no giveaways to the util- my views at this particular point. bringing global warming legislation to ities. Just a commitment to stop vetoing the This is what the U.S. Public Interest the Senate. laws of nature. That commitment has got to Research Group says: There are going to be people in this come soon . . . We applaud Senators Lieberman and War- Chamber and other places who will find The point that Bill McKibben and ner for their leadership on global warming. fault with this bill, I am sure. Some many other scientists and environ- Time is running out to stop the worst effects will say it goes too far. Some will say mentalists have made is, we are up of global warming, and this bill is an important starting point for action. it doesn’t go far enough. But the most against very serious laws of physics. important thing is that this legisla- That is what we are dealing with. It is U.S. PIRG then goes on to say: tion, America’s Climate Security Act, not what I say or what anybody else To rise to the challenge of global warming, is a bipartisan bill. I believe we must says. It is whether we are going to get this new bill must be strengthened. Three a handle on global warming. Because if changes are essential: have a full and robust debate on global (1) The bill must achieve faster and deeper warming, and we need to do it now. we don’t, this planet is going to suffer cuts in pollution, which is what the science That is why this bill is so important. severe and irreparable damage. demands. The pollution caps in the bill aim This legislation is both thoughtful and I begin my remarks by thanking Sen- to reduce total U.S. global warming emis- comprehensive. It is what we need to ator LIEBERMAN and Senator WARNER sions by about 11 percent by 2020 and by just bring global warming to the forefront for their hard work in putting together over 50 percent by 2050. in American policy. America’s Climate Security Act. As a Additional, modest reductions may be member of that same subcommittee, I achieved through other policies in the bill, I personally thank Senators LIEBER- but those reductions are difficult to quantify MAN and WARNER for their willingness look forward to playing an active role and are not guaranteed. According to the to work with me on issues critically in strengthening that legislation. I current science, the United States must re- important to working families in Penn- look forward to working with them on duce its total global warming emissions by sylvania and America. I come from a this issue. at least 15% by 2020 and by at least 80% by State with a lot of coal and a lot of I also take this opportunity to thank 2050. In addition, periodic reviews of the manufacturing. I believe the future of the 18 cosponsors of the legislation bill’s scientific adequacy must trigger addi- Pennsylvania and the people living Senator BOXER and I introduced in Jan- tional pollution-reduction requirements. uary of this year, S. 309. Those are Sen- (2) Flexibility mechanisms in the bill must there is closely linked to the future of be tightened to prevent undermining the both of these industries: manufac- ators AKAKA, BIDEN, CARDIN, CASEY, goals of the bill. The bill currently allows turing overall and coal itself. I believe CLINTON, DODD, DURBIN, FEINGOLD, companies to exceed their pollution limits we have a moral obligation to end our INOUYE, KENNEDY, KLOBUCHAR, LAUTEN- by paying sources not covered by the pro- contribution to global warming, but I BERG, LEAHY, MENENDEZ, MIKULSKI, gram to reduce emissions. Ensuring that a am also optimistic that we can do this OBAMA, REED, and WHITEHOUSE. ton of pollution from such ‘‘offsets’’ equals a in a way that protects workers and cre- This legislation, S. 309, tackles global ton of real reductions is a major challenge. In addition, offsets delay the transition to ates manufacturing jobs. Senator WAR- warming as best we could based on the science. To be more specific, this bill is cleaner technology that will be needed to NER and Senator LIEBERMAN under- achieve deep future cuts in emissions. Under stand how important this is to bring based on the desire to limit the global the bill, a company could theoretically meet our workforce with us into the new increase in temperature to no more its entire 2020 pollution-reduction require- jobs created by greenhouse gas reduc- than 2 degrees Celsius, and to meet this ment through offsets. The number of offset tion and the programs that support goal science tells us we must stabilize reductions allowed under the bill must be that. Both Senators have agreed and global CO2 concentrations at no higher significantly lowered. have graciously offered to work with a level than 450 parts per million. This (3) Polluters must be required to pay for every ton of pollution they put into the at- me to refine a placeholder provision level only provides us, the scientists say, with a 50/50 chance of keeping the mosphere. The bill gives hundreds of billions currently in their bill that we call the of dollars to polluters for free, which will climate change worker assistance pro- worst from happening. These odds are create windfall profits, such as has occurred gram which we worked together to not great. It is a gamble. If we were in Europe, and take vital resources away draft. I look forward to my continued cautious and conservative about these from easing America’s transition to a clean work with them on this program and things, we would err on the side of safe- energy future. In the United Kingdom alone, their legislation. I am proud to say I ty and keep the pollution down lower windfall profits from emission trading have am an original cosponsor. than this level in order to protect the been estimated at nearly $2 billion. These Finally, I thank Chelsea Maxwell one and only world that we have. profits come directly from the pocketbooks I thank all of the cosponsors of the of consumers. Under this bill, just under half from Senator WARNER’s staff and David (49%) of the pollution permits would ini- McIntosh from Senator LIEBERMAN’s legislation that Senator BOXER and I tially be given to polluters for free, and it staff for their work with my staff, espe- introduced for standing with science. will take 25 years (until 2036) before we stop cially Kasey Gillette of my staff, who We should also be clear about one other handing polluters free money. worked so hard to make this possible. thing. This is a very important point. That is what U.S. PIRG had to say. The PRESIDING OFFICER. The Sen- What the scientists are now telling us Let me go to another group, an even ator from Vermont. is, in terms of their projections, in better known environmental group, Mr. SANDERS. I also want to say a terms of their analyses, they have been and that is the Sierra Club. Let me tell few words on climate change and the too conservative. What they are now you what they said today in their press issue of global warming. Let me begin telling us is the problem of global statement. I quote from the Sierra by quoting from an op-ed that appeared warming and the rapidity of the global Club: in the Burlington Free Press, my warming changes is more severe than The bill is a significant political step for- hometown newspaper, on October 7, by they had previously anticipated. In ward for the U.S. Congress, but unfortu- Bill McKibben, well known as one of other words, we have to be even more nately the legislation as introduced still

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13087 falls short from what is demanded by the That is Physicians for Social Respon- the West and the Southwest of this science and the public to meet the challenge sibility. country. Think about what it means of global warming. This comes even as U.S. I could sit here and quote from many when we have small wind turbines all states, cities, and counties move forward other press statements or talk to my with ambitious, science-based proposals to over rural America. It is not only mov- tackle the issue. We look forward to working colleagues about the science, but I will ing away from fossil fuels, which are with Senators to seek the additional im- not do that. This is what I want to say: destroying the planet, not only moving provements necessary for the bill to suffi- If we are concerned about the future of to clean energy, it is creating millions ciently address the challenge before us. this planet—I know every Member here of good-paying jobs. I continue to quote from the Sierra is—and the lives and well-being of our We know how to do this. We know Club: kids and our grandchildren, not only in how to do it. The technology is there At this crucial moment, we must continue this country but all over the world, we today. It will only get better. Our to insist on a global warming bill that is are going to have to rise up to this country has to start investing in these committed to scientific integrity and eco- issue. technologies. We can create the jobs. nomic fairness. In order to prevent the most It is not just a bargain here and a We can reverse global warming. catastrophic effects of global warming, we bargain there. Because you can have I conclude by saying this: I applaud must cut emissions 80 percent by 2050—an all the bargaining you want, and all achievable annual reduction of about 2 per- Senator LIEBERMAN and Senator WAR- cent. In order to get the market moving and the nonpartisanship you want, and yet NER. I hope we can work together. But bring America’s clean energy future to life, this planet will face catastrophic dam- I think we have a distance to go to any bill must start out strong by seeking a age unless we deal with the reality of make that legislation better, stronger, short-term reduction on the order of 20 per- the science. It is not whether we are more consistent with the science that cent of total emissions by 2020. Disturbances nice guys or bad guys. This is what we is out there. I look forward to working to the climate have come more quickly and are facing. We are facing science. What with all of my colleagues to do that. forcefully than even the most pessimistic the scientists are telling us is their among us predicted. The Lieberman-Warner projections were too conservative. The By Mr. FEINGOLD: bill, as introduced, leaves us in serious dan- S. 2192. A bill to establish a user fee ger of reaching the tipping points that sci- problem is more severe than they had entists tell us could lead to catastrophic anticipated. for follow-up reinspections under the changes to the climate. I note my friend and colleague, Bob Federal Food, Drug, and Cosmetic Act; Continuing to quote from the Sierra Casey of Pennsylvania, made a very to the Committee on Health, Edu- Club statement of today: important point that others have cation, Labor and Pensions. While the bill has moved in the right direc- made, which is, as we deal with the Mr. FEINGOLD. Mr. President, today tion, it gives too many free allowances to issue of global warming, let us not for- I am introducing a bill that would polluters for far too long—enriching execu- get about the workers who are im- charge a reinspection fee for goods that tives and shareholders instead of generating pacted, the consumers who are im- fail FDA inspection for good manufac- the funds needed to help us meet our emis- pacted. Certainly and absolutely we turing practices. Currently, businesses sions goals and ensure a smooth transition must do that. One of the bright as- do not have to pay for the second in- to the clean energy economy. pects, the positive aspects about this spection if they fail. Essentially, then, That is some of the statement from whole discussion of global warming is the FDA is absorbing this extra cost. the Sierra Club. if we get our act together—if, for exam- This Nation faces difficult enough Let me now quote from another orga- ple, we begin the process of breaking choices without subsidizing private nization, an organization of physicians. our dependency on the automobile and companies that fail basic inspections. I It is called Physicians for Social Re- expand our rail system; if, in fact, we am pleased to credit the administra- sponsibility, a well-known group. They produce cars that get the kind of mile- tion for identifying this proposed sav- have also issued a statement today. age we know Detroit can produce—we ings of an estimated $23 million per Let me quote from the statement of can grow jobs in the transportation year in its fiscal year 2008 budget. Over the Physicians for Social Responsi- area, not see them shrink. 5 years, this could save as much as $115 bility: If we begin to move intelligently to- million. Physicians for Social Responsibility appre- ward energy efficiency, if we retrofit We must ensure that U.S. taxpayer ciates the efforts of Senators Joe Lieberman and John Warner to craft legislation to ad- our homes and our offices and our money is being used efficiently and ef- dress global warming but calls on the Senate schools, we can create huge numbers of fectively, and this measure would help Environment and Public Works Committee good-paying jobs through the installa- in our ongoing efforts to streamline to make necessary improvements before tion and the production of the products government programs and reduce the passing the bill. we need to make this Nation much Federal budget deficit. FDA Commis- It continues: more energy efficient. It is all sitting sioner Andrew von Eschenbach testi- The reality of global warming is becoming there waiting to happen. If we have the fied about these fees before the House more apparent every day, and the science is courage to move away from fossil fuel, Agriculture, Rural Development, and clear as to what action we need to take. In to move to solar energy, to move to FDA Appropriations Subcommittee in order to prevent this world-wide disaster, we wind, to move to other forms of sus- 2006. He believes, and I agree, that the must stabilize atmospheric concentrations of reinspection fee will motivate busi- greenhouse gases. And, the U.S. must meet tainable energy, we can create millions the challenge of starting now and reaching a of good-paying jobs. nesses to comply with long-established goal of 80 percent reductions below a 2000 I would mention to my colleagues health and safety standards. Businesses baseline. Unfortunately, the bill drafted by that right now out on the Mall—I was that do not meet federal standards Senators Lieberman and Warner will not there last evening—there is a wonder- should bear the burden of the reinspec- meet that goal. ful display of solar homes put together tion, rather than getting a free pass at Let me continue quoting from the by the Solar Decathlon. We have uni- the taxpayer’s expense. Physicians for Social Responsibility, versities from all over the United One of the main reasons I first ran who, of course, are physicians. This is States of America, and from Europe as for the U.S. Senate was to restore fis- what they say, providing an interesting well, showing us what we can do today cal responsibility to the federal budget. analogy: in making energy-efficient homes and I have worked throughout my Senate Physicians for Social Responsibility’s ap- utilizing the potential of solar energy. career to eliminate wasteful spending proach to this [global warming] is similar to California is making progress. Ger- and to reduce the budget deficit. Unless the manner in which a physician treats a pa- many is making progress. We are not we return to fiscally responsible budg- tient: what are the symptoms, what are the moving anywhere near the degree to eting, Congress will saddle our Nation’s causes and how do we treat the disease? We where we should be moving. younger generations with an enormous would not prescribe half of the needed medi- Think about the jobs we create when financial burden for years to come. cation to a patient, and we cannot support a bill that does not fully address the causes of 10 million homes in America have pho- This bill is one small step in that direc- global warming. To protect human health tovoltaic units on their rooftops. tion. and reverse global warming, we need to begin Think of the energy we produce I ask unanimous consent the the text aggressive treatment right away. through solar plants in the South and of the bill be printed in the RECORD.

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13088 CONGRESSIONAL RECORD — SENATE October 18, 2007 There being no objection, the text of mon in the past. I see a strong, con- tions representing (as exclusive representa- the bill was ordered to be printed in sistent desire on both sides of the table tives) substantial numbers of Federal em- the RECORD, as follows: to continue on the path toward col- ployees subject to chapter 71 of title 5, laborative labor-management relations United States Code, or any other authority S. 2192 permitting such employees to select an ex- Be it enacted by the Senate and House of Rep- and no interest in returning to the old clusive representative— resentatives of the United States of America in ways of doing business.’’ (A) each of whom shall be selected giving Congress assembled, Despite the success of the program, due consideration to such factors as the rel- SECTION 1. ESTABLISHMENT OF USER FEE FOR President Bush revoked the Clinton ative numbers of Federal employees rep- FOLLOW-UP REINSPECTIONS. Executive Order on February 17, 2001, resented by the various organizations; and (a) IN GENERAL.—The Secretary shall as- less than one month after taking of- (B) not more than 2 of whom may, at any sess and collect a user fee from each manu- fice. Since that time, labor-manage- time, be representatives of the same labor facturer of a food, drug, device, biological ment relations have deteriorated organization or council, federation, alliance, association, or affiliation of labor organiza- product, or animal drug for which a follow- throughout the Federal Government. up reinspection is required to ensure corrections; tion of a violation, found by the Secretary The new personnel systems at the De- (8) 1 member who shall be appointed by the during initial inspection of the manufac- partments of Defense and Homeland President to represent the organization rep- turer, of a Good Manufacturing Practices re- Security, which have reduced collec- resenting the largest number of senior execu- quirement under the Federal Food, Drug, tive bargaining rights for those em- tives; and and Cosmetic Act (21 U.S.C. 301 et seq.). ployees, have lowered employee morale (9) 1 member who shall be appointed by the (b) PAYMENT OF FEE.—The user fee required and heightened the adversarial nature President to represent the organization rep- by subsection (a) shall be due from a manu- of labor-management relations in the resenting the largest number of Federal facturer upon the reinspection of the manu- managers. federal government. It has become (b) RESPONSIBILITIES AND FUNCTIONS.—The facturer as described in subsection (a). clear that participation in the decision (c) AMOUNT OF USER FEE.—The amount of Council shall advise the President on mat- the user fee required under subsection (a) making process through labor-manage- ters involving labor-management relations shall be established by the Secretary. ment partnerships often leads to great- in the executive branch. Its activities shall include— (d) DEFINITIONS.—For purposes of this sec- er employee understanding and accept- tion— ance and a smoother transition to the (1) supporting the creation of local labor- management partnership councils that pro- (1) the terms ‘‘animal drug’’, ‘‘device’’, new policy or program. As the Clinton mote partnership efforts in the executive ‘‘drug’’, and ‘‘food’’ have the meanings given Executive Order said, ‘‘Only by chang- branch; those terms in section 201 of the Federal ing the nature of federal labor-manage- (2) collecting and disseminating informa- Food, Drug, and Cosmetic Act (21 U.S.C. 321); ment relations so that managers, em- tion about and providing guidance on part- (2) the term ‘‘biological product’’ has the nership efforts in the executive branch, in- meaning given the term in section 351 of the ployees, and employees’ elected union cluding the results of those efforts; Public Health Service Act (42 U.S.C. 262); and representatives serve as partners will (3) using the expertise of individuals, both (3) the term ‘‘Secretary’’ means the Sec- it be possible to design and implement inside and outside the Federal Government, retary of Health and Human Services. comprehensive changes necessary to to foster partnership arrangements in the ex- reform government.’’ ecutive branch; and By Mr. AKAKA (for himself and I urge my colleagues to join with me (4) proposing statutory changes to improve Mrs. CLINTON): in encouraging labor-management the civil service to better serve the public S. 2197. A bill to establish the Federal partnership and a cooperative solution and carry out the mission of the various Labor-Management Partnership Coun- to resolving Federal workplace issues. agencies. cil; to the Committee on Homeland Se- Mr. President, I ask unanimous con- (c) ADMINISTRATION.— curity and Governmental Affairs. sent that the text of the bill be printed (1) CHAIRPERSON.—The President shall des- Mr. AKAKA. Mr. President, I rise in the RECORD. ignate a member of the Council who is a full- today to introduce the Federal Labor- There being no objection, the text of time Federal employee to serve as the Chair- the bill was ordered to be printed in person. The Council shall meet at the call of Management Partnership Act of 2007 to the Chairperson or a majority of its mem- restore the labor-management partner- the RECORD, as follows: bers. ships and council that were established S. 2197 (2) OUTSIDE INPUT.—The Council shall seek by President Clinton in 1993. I am Be it enacted by the Senate and House of Rep- input from agencies not represented on the pleased to be joined in this effort by resentatives of the United States of America in Council, particularly smaller agencies. It Representative DANNY DAVIS, D-IL, Congress assembled, may also from time to time, in the discre- who is introducing companion legisla- SECTION 1. SHORT TITLE. tion of the Council, invite experts from the This Act may be cited as the ‘‘Federal private and public sectors to submit infor- tion in the House, and Senator HILLARY Labor-Management Partnership Act of 2007’’. mation. The Council shall also seek input LINTON C , who is cosponsoring this bill. SEC. 2. FEDERAL LABOR-MANAGEMENT PART- from companies, nonprofit organizations, On October 1, 1993, President Bill NERSHIP COUNCIL. State and local governments, Federal em- Clinton signed Executive Order 12871 (a) ESTABLISHMENT.—There is established a ployees, and customers of Federal services, establishing a National Partnership council to be known as the Federal Labor- as needed. Council of Federal agency representa- Management Partnership Council (hereafter (3) ASSISTANCE OF THE OFFICE OF PERSONNEL tives and labor organizations to advise in this Act referred to as the ‘‘Council’’). The MANAGEMENT.—To the extent permitted by the President on matters involving Council shall be composed of— law and subject to the availability of appro- (1) the Director of the Office of Personnel labor-management relations. The Exec- priations, the Director of the Office of Per- Management; sonnel Management shall, upon request, pro- utive Order was in response to long- (2) the Deputy Director for Management of vide such staff, facilities, support, and ad- standing labor-management conflicts the Office of Management and Budget; ministrative services to the Council as the and the need for greater cooperation (3) a deputy secretary (or other officer with Director considers appropriate. between labor and management in Gov- agency-wide authority) from each of 2 agen- (4) NO COMPENSATION.—Members of the ernment. cies not otherwise represented on the Coun- Council shall serve without compensation for In the early 1990s the Government cil, who shall be appointed by the President; their work on the Council. Accountability Office and others iden- (4) the Chairman of the Federal Labor Re- (5) COOPERATION OF OTHER AGENCIES.—All lations Authority; tified labor-management partnerships agencies shall, to the extent permitted by (5) the Director of the Federal Mediation law, provide to the Council such assistance, as contributing to increased produc- and Conciliation Service; information, and advice as the Council may tivity, better customer service, and (6) 2 members who shall be appointed by request. higher employee satisfaction. The Of- the President to represent the respective (d) GENERAL REQUIREMENTS.— fice of Personnel Management, OPM, labor organizations representing (as exclu- (1) REPORTING TO CONGRESS.—Any report- concurred with those findings in 2001. sive representatives) the first and second ing to or appearances before Congress that In a the letter to President Clinton ac- largest numbers of Federal employees sub- may be requested or required of the Council companying the report, then-OPM Di- ject to chapter 71 of title 5, United States shall be made by the Chairperson of the Code, or any other authority permitting Council. rector Janice Lachance said, ‘‘The evi- such employees to select an exclusive rep- (2) TERMS OF MEMBERSHIP.—A member dence shows a real shift toward labor- resentative; under paragraph (3), (6), (7), (8), or (9) of sub- management cooperation and away (7) 4 members who shall be appointed by section (a) shall be appointed for a term of 3 from the adversarial approach so com- the President to represent labor organiza- years, except that any individual chosen to

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13089 fill a vacancy under any of those paragraphs share of national income has hit a which are subject to annual limita- shall be appointed for the unexpired term of postwar record. The wealthiest one per- tions. the member replaced and shall be chosen cent of Americans earned 21.2 percent The Offshore Deferred Compensation subject to the same conditions as applied of all income in 2005. At a time when Reform Act of 2007 is not intended to with respect to the original appointment. our personal savings rate has reached a prohibit a foreign deferred compensa- (3) SERVICE AFTER EXPIRATION OF TERM.—A member under paragraph (3), (6), (7), (8), or 73-year low and CEOs are paid 349 times tion arrangement if the foreign cor- (9) of subsection (a) may serve after the expi- as much as the average worker and the poration entering into the arrange- ration of such member’s term until a suc- top twenty-five hedge fund managers ment is subject to tax on substantially cessor has taken office, but for not more earned a total of $14 billion in 2006, we all of its income and denied an imme- than 60 days after such term expires. should not be providing a tax advan- diate deduction for compensation that (4) NOT SPECIAL GOVERNMENT EMPLOYEES.— tage to allow income to be deferred off- is deferred. For purposes of the legisla- A member who is not otherwise a Federal shore and invested on a tax-free basis. tion, a foreign corporation would be employee shall not be considered a special Low-income and middle class families any foreign corporation unless substan- Government employee for any purpose. who are struggling are the ones who tially all of its income effectively con- SEC. 3. IMPLEMENTATION OF LABOR-MANAGE- MENT PARTNERSHIPS THROUGHOUT need tax incentives to save for retire- nected to a trade or business in the THE EXECUTIVE BRANCH. ment. U.S. or is subject to an income tax im- The President shall direct the head of each Taxpayers can defer paying taxes imposed by a foreign country that has a agency which is subject to chapter 71 of title mediately on their compensation, ei- comprehensive tax treaty with the 5, United States Code, or any other authority ther through ‘‘qualified’’ or ‘‘non- U.S., and a deduction is allowed for permitting employees of such agency to se- qualified’’ deferral arrangements. Most compensation under rules that are sub- lect an exclusive representative to take the stantially similar to the way in which following actions: taxpayers make qualified deferrals (1) Create labor-management partnerships such as contributions to 401(k) plans the U.S. provides deductions for com- by forming labor-management committees and individual retirement accounts, pensation. In addition, the Secretary of or councils at appropriate levels, or adapting IRAs. Nonqualified deferred compensa- the Treasury is given authority to de- existing committees or councils if such tion arrangements are usually used by termine whether a foreign corporation groups exist. senior executives or other high-income that operates in a country without a (2) Involve employees and employee rep- taxpayers who want to defer amounts formal tax treaty with the U.S. can resentatives as full partners with manage- in the excess of the qualified plan or qualify for the exemption. ment representatives to improve the civil There are many different ways to service to better serve the public and carry IRA limits. There are no limits on the amount on structure an offshore deferral arrange- out the mission of the agency. ment. A prototypical structure would (3) Provide systemic training of appro- nonqualified deferred compensation priate agency employees (including line that can be deferred. Offshore non- be an executive who elects to defer his managers, first-line supervisors, and labor qualified compensation arrangements or her year-end bonus in an offshore in- organization representatives) in consensual have the potential to be more abusive vestment fund for a period of time, methods of dispute resolution, such as alter- than similar arrangements in the U.S. typically, 5 to 10 years. The bonus and native dispute resolution techniques and in- U.S. companies that grant non- any associated earnings would not be terest-based bargaining approaches. qualified deferred compensation to taxable until the end of the term of the (4) Negotiate, at the request of the labor their employees are unable to receive a arrangement, assuming it complies organization, on the subjects set forth in sec- with the Code Section 409A require- tion 7106(b)(1) of title 5, United States Code, tax deduction equal to the deferred and instruct subordinate officials to do the compensation until the compensation ments. This legislation only affects same. is paid to the employee. By contrast, compensation which is earned, vested, (5) Evaluate progress and improvements in offshore employers can locate in no-tax and deferred after 2007. organizational performance resulting from jurisdictions, provide deferred com- The Offshore Deferred Compensation such labor-management partnerships. pensation to their U.S. employees, and Act of 2007 only addresses offshore non- SEC. 4. DEFINITIONS. suffer no economic loss, since the tim- qualified deferred compensation be- For purposes of this Act— ing of the deduction is not relevant cause these arrangements have the po- (1) the terms ‘‘agency’’ and ‘‘labor organi- when the employer does not have any tential to be more abusive than on- zation’’ have the meanings set forth in sec- shore arrangements. This does meant tion 7103(a) of title 5, United States Code; tax liability. Accordingly, there is a (2) the term ‘‘Federal employee’’ means an preference in the Code for U.S. tax- that I believe that we should not con- employee, as defined by section 7103(a)(2) of payers to defer compensation in cer- tinue to look at limiting all non- title 5, United States Code; tain offshore jurisdictions: it provides qualified deferred compensation. I will (3) the term ‘‘Federal manager’’ means a a significant tax benefit, without any continue to work with the Finance management official, as defined by section tax disincentive/disadvantage to their Committee on this issue. 7103(a)(11) of title 5, United States Code; and offshore employer. This legislation will put an end to (4) the term ‘‘senior executive’’ has the There is a fundamental difference be- offshore deferral arrangements being meaning given such term by section used as unlimited IRAs. I look forward 3132(a)(3) of title 5, United States Code. tween middle class Americans who can defer up to $15,500 of income into a to working will my colleagues to ad- By Mr. KERRY: 401(k) and $4,000 into their IRAs and dress this issue. S. 2199. A bill to amend the Internal higher-income taxpayers who can defer Mr. President, I ask unanimous con- Revenue Code of 1986 to provide for the unlimited amounts offshore. The Off- sent that the text of the bill be printed treatment of certain foreign non- shore Deferred Compensation Reform in the RECORD. There being no objection, the text of qualified deferred compensation; to the Act of 2007 would eliminate the ability the bill was ordered to be printed in Committee on Finance. of U.S. taxpayers to defer nonqualified Mr. KERRY. Mr. President, today deferred compensation in offshore tax the RECORD, as follows: S. 2199 Representative EMANUEL and I are in- havens. Offshore nonqualified deferred troducing the Offshore Deferred Com- compensation paid by a foreign cor- Be it enacted by the Senate and House of Rep- pensation Reform Act of 2007 which poration will be taxable income when resentatives of the United States of America in Congress assembled, there is no substantial risk of for- would put an end to the practice of al- SECTION 1. SHORT TITLE. lowing unlimited amounts of income to feiture to the compensation. A sub- This Act may be cited as the ‘‘Offshore De- be deferred offshore. Recently, it was stantial risk of forfeiture exists where ferred Compensation Reform Act of 2007’’. brought to our attention that U.S. the receipt of compensation is condi- SEC. 2. SPECIAL RULE FOR CERTAIN FOREIGN hedge fund managers were deferring tioned upon the future performance of NONQUALIFIED DEFERRED COM- millions of dollars of compensation off- substantial services in order to receive PENSATION. that compensation. Individuals who (a) IN GENERAL.—Subpart B of part II of shore. Less generous deferrals have subchapter E of chapter 1 of the Internal been used by corporate executives for currently take advantage of such tax Revenue Code of 1986 (relating to taxable years. planning and who wish to make defer- year for which items of gross income in- Recent Internal Revenue Service rals would be limited to making defer- cluded) is amended by inserting after section data shows that the richest Americans’ rals under qualified arrangements 457 the following new section:

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13090 CONGRESSIONAL RECORD — SENATE October 18, 2007 ‘‘SEC. 457A. CERTAIN FOREIGN NONQUALIFIED lagged significantly. This, coupled with our communities. Housing is after all DEFERRED COMPENSATION. construction costs that are increasing one of the foundational assets of our ‘‘(a) IN GENERAL.—Any compensation which is deferred under a nonqualified de- on average about 10 percent a year, society. Policies encouraging home- ferred compensation plan (within the mean- makes it difficult for tribes to assem- ownership is a good thing, not just for ing of section 409A(d)) of a nonqualified for- ble cost-effective bid packages to get our communities but also for first-time eign corporation is includible in gross in- these projects built in a reasonable homebuyers who through homeowner- come for purposes of this chapter when there time frame. As a result, many of the ship can be a part of the ownership so- is no substantial risk of forfeiture of the projects have stalled or have yet to be ciety. rights to such amount. built. Over the years, we made great ‘‘(b) NONQUALIFIED FOREIGN CORPORATION.— One mechanism to address this di- progress as the homeownership rate For purposes of this section, the term ‘non- lemma would be to allow tribes to uti- qualified foreign corporation’ means any for- has increased from 64 percent in 1994 to eign corporation unless substantially all of lize flexible financing to construct 69 percent in 2006. That is why I am the income of such corporation— these vital projects. Under this option, very troubled by the significant in- ‘‘(1) is effectively connected with the con- tribes could issue tax exempt bonds or crease in the number of foreclosures duct of a trade or business in the United enter into other loans to construct that have occurred already and the States, or these projects now, and then utilize projections of worse to come, as a ‘‘(2) is subject to an income tax imposed by Federal appropriations to pay financ- record number of adjustable rate mort- a foreign country, but only if— ing costs over time. This concept has gages are due to reset in the months ‘‘(A)(i) such corporation is eligible for ben- been launched in the Indian Reserva- ahead, putting an increasing number of efits of a comprehensive income tax treaty tion Roads IRR, program, which has which such country has with the United homeowners at serious risk of losing States which the Secretary determines is become a model for financing tribal in- their homes. According to one esti- satisfactory for purposes of this section and frastructure projects. The Standing mate, $515 billion in adjustable rate which includes an exchange of information Rock Sioux Tribe in my State was the mortgages are due to reset this year program, or leader in securing the initial agree- and $680 billion next year. ‘‘(ii) the Secretary determines that such ment in the IRR program. This agree- To underscore the seriousness of the income tax is a comprehensive income tax ment has allowed the tribe to under- situation, Mr. President, just consider satisfactory for purposes of this section, and take a major road construction project these sobering figures. My State ranks ‘‘(B) a deduction is allowed for compensa- and complete it in a few short years. 4th in the Nation in terms of the per- tion described in subsection (a) under rules Without this flexibility, the project substantially similar to the rules of this centage of subprime mortgages in fore- title. would have taken upwards of 20 years closures, and currently 17 percent of ‘‘(c) APPLICATION OF CERTAIN RULES.— and $27 million more to complete, ac- subprime adjustable rate mortgages Rules similar to the rules of paragraphs (4), cording to the tribe’s analysis. are past due. More generally, the num- (5), and (6) of section 409A(d) shall apply for A Department of Interior administra- ber of foreclosures has increased 183 purposes of this section. tive ruling issued on December 22, 2005, percent in the last year. Nationally, ‘‘(d) REGULATIONS.—The Secretary shall held that debt financing is an allowable foreclosures have almost doubled in the prescribe such regulations as may be nec- use of Federal funds under a tribe’s essary or appropriate to carry out the pur- last year, and more than 14.5 percent of self-determination agreement if the subprime mortgages are past due. poses of this section, including regulations debt instrument is used to pay for valid disregarding a substantial risk of forfeiture While there is no one single solution in cases where necessary to carry out the water construction costs. Unfortu- to the housing crisis, there are a num- purposes of this section.’’. nately, this ruling applied to only one ber of reasonable, measured efforts we (b) CLERICAL AMENDMENT.—The table of tribe. The legislation I am introducing can undertake that can help folks stay sections of subpart B of part II of subchapter today would affirm the ruling for all in their homes in these difficult times. E of chapter 1 of such Code is amended by in- tribes, making them eligible for reim- To that end, I am introducing the serting after the item relating to section 457 bursement of such financing costs. This the following new item: HOME Act, which would allow low-to- will provide tribes with the necessary middle income homeowners penalty- ‘‘Sec. 457A. Certain foreign nonqualified de- flexibility to get their projects built ferred compensation.’’. free access to their retirement savings now as opposed to having construction and allow tax free distributions from (c) EFFECTIVE DATE.— drag out for years, which will only in- (1) IN GENERAL.—The amendments made by their retirement savings so as long as this section shall apply to amounts deferred crease the costs to the Federal Govern- the withdrawals are paid back to the in taxable years beginning after December ment and delay the delivery of safe, retirement accounts. 31, 2007. clean drinking water to many. More specifically, my bill would (2) EARNINGS.—The amendments made by We have a trust obligation to meet allow homeowners who are 60 days late this section shall apply to earnings on de- the needs of Indian tribes. Ensuring a in their mortgage payments to with- ferred compensation only to the extent that safe, reliable water supply is part of draw penalty-free up to $100,000 such amendments apply to such compensa- this obligation. In the 21st century, no tion. through 2009 to be used to refinance home in this country should be without into an affordable mortgage or avoid access to quality water. By Mr. CONRAD (for himself, Mr. foreclosure. Except for very limited I am pleased that Senators JOHNSON JOHNSON, and Mr. TESTER): cases, a 10 percent penalty is applied to and TESTER are original cosponsors, S. 2200. A bill to authorize the use of early retirement distributions. As the and I urge my colleagues to support Federal funds for flexible financing of tax code currently waives this penalty this important legislation. Indian tribal municipal, rural, and infor distributions from Individual Re- dustrial water system construction By Mr. COLEMAN: tirement Accounts for first-time home projects by certain federally recognized S. 2201. A bill to provide for the pen- purchases, I think it is only fair that Indian tribes; to the Committee on In- alty-free use of retirement funds for we waive this penalty for those who dian Affairs. mortgage delinquency relief; to the want to keep their homes. Mr. CONRAD. Mr. President, there Committee on Finance. Bottom-line, this bill is about help- are still parts of this country where Mr. COLEMAN. Mr. President, I rise ing homeowners help themselves. having access to a clean, reliable water today to introduce the Home Owner- While the 10 percent penalty is well-in- supply is not guaranteed. Believe it or ship Mortgage Emergency Act, HOME tentioned in that we want people to not, there are still places, many of Act, my good friend Senator MARTINEZ. avoid using their retirement savings which are on Indian reservations, This bill seeks to provide a measure during their working years, times like where individuals must haul their daily of relief to those homeowners who are these require us to recognize that water for drinking, cooking, and clean- having troubles meeting their mort- sometimes such rules can be counter- ing. gage payments and as a result are fac- productive. Both on a homeowner level Over the years, Congress has author- ing the prospect of having their homes and on a community level, I believe ized several municipal, rural and indus- foreclosed. that it makes sense to enable those, trial water supply projects for tribes; As a former Mayor, I know the value who can, to keep their homes. Ulti- however, funding for those projects has and importance homeownership has on mately it is up to the homeowner to

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13091 decide whether it makes financial an individual retirement plan, then the tax- contract, such plan or contract shall be sense to turn to their retirement sav- payer shall, to the extent of the amount of treated as being operated in accordance with ings to keep their homes. At the very the contribution, be treated as having re- the terms of the plan during the period de- least however, for those who do decide ceived the qualified mortgage delinquency scribed in paragraph (2)(B)(i). relief distribution in an eligible rollover dis- (2) AMENDMENTS TO WHICH SUBSECTION AP- to do so, we should not penalize them tribution (as defined in section 402(c)(4) of PLIES.— for trying to keep a roof over their such Code) and as having transferred the (A) IN GENERAL.—This subsection shall heads and wanting to remain a part of amount to the eligible retirement plan in a apply to any amendment to any plan or an- the community they have called home. direct trustee to trustee transfer within 60 nuity contract which is made— I urge my colleagues to support this days of the distribution. (i) pursuant to any amendment made by measure as we seek to help out home- (3) TREATMENT OF REPAYMENTS FOR DIS- this section, or pursuant to any regulation owners in trouble. TRIBUTIONS FROM IRAS.—For purposes of such issued by the Secretary of the Treasury or Mr. President, I ask unanimous con- Code, if a contribution is made pursuant to the Secretary of Labor under this section, paragraph (1) with respect to a qualified sent that the text of the bill be printed and mortgage delinquency relief distribution (ii) on or before the last day of the first in the RECORD. from an individual retirement plan (as de- plan year beginning on or after January 1, There being no objection, the text of fined by section 7701(a)(37) of such Code), 2010, or such later date as the Secretary of the bill was ordered to be printed in then, to the extent of the amount of the con- the Treasury may prescribe. the RECORD, as follows: tribution, the qualified mortgage delin- In the case of a governmental plan (as de- S. 2201 quency relief distribution shall be treated as fined in section 414(d) of the Internal Rev- a distribution described in section 408(d)(3) of Be it enacted by the Senate and House of Rep- enue Code of 1986), clause (ii) shall be applied such Code and as having been transferred to by substituting the date which is 2 years resentatives of the United States of America in the eligible retirement plan in a direct trust- Congress assembled, after the date otherwise applied under clause ee to trustee transfer within 60 days of the (ii). SECTION 1. SHORT TITLE. distribution. (B) CONDITIONS.—This subsection shall not This Act may be cited as the ‘‘Home Own- (d) DEFINITIONS.—For purposes of this sec- apply to any amendment unless— ership Mortgage Emergency Act’’ or the tion— (i) during the period— ‘‘HOME Act’’. (1) QUALIFIED MORTGAGE DELINQUENCY RE- (I) beginning on the date the legislative or SEC. 2. TAX-FAVORED WITHDRAWALS FROM RE- LIEF DISTRIBUTION.—Except as provided in regulatory amendment described in subpara- TIREMENT PLANS FOR MORTGAGE subsection (b), the term ‘‘qualified mortgage DELINQUENCY RELIEF. graph (A)(i) takes effect (or in the case of a delinquency relief distribution’’ means any plan or contract amendment not required by (a) IN GENERAL.—Section 72(t) of the Inter- distribution from an eligible retirement plan nal Revenue Code of 1986 shall not apply to such legislative or regulatory amendment, made on or after the date of the enactment the effective date specified by the plan), and any qualified mortgage delinquency relief of this Act and before January 1, 2010, to an distribution. (II) ending on the date described in sub- individual— paragraph (A)(ii) (or, if earlier, the date the (b) AGGREGATE DOLLAR LIMITATION.— (A) whose acquisition indebtedness (as de- (1) IN GENERAL.—For purposes of this sec- plan or contract amendment is adopted), fined in section 163(h)(3)(B) of the Internal the plan or contract is operated as if such tion, the aggregate amount of distributions Revenue Code of 1986, without regard to received by an individual which may be plan or contract amendment were in effect; clause (i) thereof) with respect to the prin- and treated as qualified mortgage delinquency cipal residence of the taxpayer is in delin- relief distributions for any taxable year shall (ii) such plan or contract amendment ap- quency for at least 60 days, and plies retroactively for such period. not exceed the excess (if any) of— (B) whose adjusted gross income (as de- (A) $100,000, over fined in section 62 of the such Code) for the By Mr. WHITEHOUSE (for him- (B) the aggregate amounts treated as taxable year of such distribution does not ex- qualified mortgage delinquency relief dis- self and Mrs. BOXER): ceed $114,000 ($166,000 in the case of a joint re- 2204. A bill to assist wildlife popu- tributions received by such individual for all turn under section 6013 of such Code). lations and wildlife habitats in adapt- prior taxable years. (2) ELIGIBLE RETIREMENT PLAN.—The term (2) TREATMENT OF PLAN DISTRIBUTIONS.—If ‘‘eligible retirement plan’’ shall have the ing to and surviving the effects of glob- a distribution to an individual would (with- meaning given such term by section al warming, and for other purposes; to out regard to paragraph (1)) be a qualified 402(c)(8)(B) of such Code. the Committee on Environment and mortgage delinquency relief distribution, a (3) PRINCIPAL RESIDENCE.—The term ‘‘prin- Public Works. plan shall not be treated as violating any re- cipal residence’’ has the same meaning as Mr. WHITEHOUSE. Mr. President, I quirement of the Internal Revenue Code of when used in section 121 of such Code. rise today to discuss the very real and 1986 merely because the plan treats such dis- (e) INCOME INCLUSION SPREAD OVER 3 YEAR tribution as a qualified mortgage delin- serious issue of global climate change, PERIOD FOR QUALIFIED MORTGAGE DELIN- and specifically our efforts to help quency relief distribution, unless the aggre- QUENCY RELIEF DISTRIBUTIONS.— gate amount of such distributions from all (1) IN GENERAL.—In the case of any quali- America’s fish and wildlife, public plans maintained by the employer (and any fied mortgage delinquency relief distribu- lands, and oceans adapt to and survive member of any controlled group which in- tion, unless the taxpayer elects not to have global warming. cludes the employer) to such individual ex- this subsection apply for any taxable year, I am aware that there remain some ceeds $100,000. any amount required to be included in gross in this country, and even in this cham- (3) CONTROLLED GROUP.—For purposes of income for such taxable year shall be so in- ber, who choose to reject the over- paragraph (2), the term ‘‘controlled group’’ cluded ratably over the 3-taxable year period whelming scientific evidence that glob- means any group treated as a single em- beginning with such taxable year. al warming is occurring today, and will ployer under subsection (b), (c), (m), or (o) of (2) SPECIAL RULE.—For purposes of para- worsen severely if nothing is done. For section 414 of such Code. graph (1), rules similar to the rules of sub- (c) AMOUNT DISTRIBUTED MAY BE REPAID.— paragraph (E) of section 408A(d)(3) of the In- years, Congress and the Bush adminis- (1) IN GENERAL.—Any individual who re- ternal Revenue Code of 1986 shall apply. tration have delayed the implementa- ceives a qualified mortgage delinquency re- (f) SPECIAL RULES.— tion of swift and aggressive measures lief distribution may, at any time during the (1) EXEMPTION OF DISTRIBUTIONS FROM to reduce our greenhouse gas emis- 3-year period beginning on the day after the TRUSTEE TO TRUSTEE TRANSFER AND WITH- sions. We can delay no longer. But as date on which such distribution was re- HOLDING RULES.—For purposes of sections we work to mitigate the causes of glob- ceived, make one or more contributions in 401(a)(31), 402(f), and 3405 of the Internal Rev- al warming, we must also take urgent an aggregate amount not to exceed the enue Code of 1986, qualified mortgage delin- amount of such distribution to an eligible re- quency relief distributions shall not be treat- action to address its effects. tirement plan of which such individual is a ed as eligible rollover distributions. Climate change can have a dev- beneficiary and to which a rollover contribu- (2) QUALIFIED MORTGAGE DELINQUENCY RE- astating impact not only on the envi- tion of such distribution could be made LIEF DISTRIBUTIONS TREATED AS MEETING PLAN ronment, but on the living things that under section 402(c), 403(a)(4), 403(b)(8), DISTRIBUTION REQUIREMENTS.—For purposes depend on it. The early warning signs 408(d)(3), or 457(e)(16) of the Internal Revenue of such Code, a qualified mortgage delin- of climate change—taking place not Code of 1986, as the case may be. quency relief distribution shall be treated as just in the far reaches of the Arctic but (2) TREATMENT OF REPAYMENTS OF DIS- meeting the requirements of sections also right in our own backyards—have TRIBUTIONS FROM ELIGIBLE RETIREMENT PLANS 401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and shown that the world’s wildlife is par- OTHER THAN IRAS.—For purposes of such 457(d)(1)(A) of such Code. Code, if a contribution is made pursuant to (g) PROVISIONS RELATING TO PLAN AMEND- ticularly vulnerable. paragraph (1) with respect to a qualified MENTS.— In Rhode Island’s Narragansett Bay, mortgage delinquency relief distribution (1) IN GENERAL.—If this subsection applies the state’s most distinctive ecological from an eligible retirement plan other than to any amendment to any plan or annuity feature, the gradually-warming water

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13092 CONGRESSIONAL RECORD — SENATE October 18, 2007 temperature has contributed to a sig- local agency actions to address global Sec. 1. Short title; table of contents. nificant ecosystem shift. This warming warming’s threat to our oceans and Sec. 2. Definitions. has already resulted in a documented wildlife. The Secretary of Interior will TITLE I—NATURAL RESOURCES AND increase in ocean temperatures, lead- develop a national strategy for man- WILDLIFE PROGRAMS ing to massive fish kills, like we expe- aging terrestrial wildlife and the habi- Sec. 101. Definitions. rienced in Greenwich Bay in the sum- tats they depend on, and the Secretary Subtitle A—National Policy and Strategy for mer of 2003, and other ecological dam- Wildlife of Commerce will develop a national age. Sec. 111. National policy on wildlife and The changing environment in the strategy for our oceans, coastal, and global warming. Bay has had a broad and significant great lakes ecosystems. Both Secre- Sec. 112. National strategy. impact on fish and shellfish. Cold water taries will consult with other affected Sec. 113. Advisory Board; National Global species, such as winter flounder, that federal agencies, States, tribes, local Warming and Wildlife Science Center. were once abundant in the Bay and had governments, conservation organiza- Sec. 114. Authorization of appropriations. a high commercial value have been re- tions, and other stakeholders to de- Subtitle B—State and Tribal Wildlife Grants Program placed by warmer water species, such velop the strategy. as scup, that have a lower value. This Sec. 121. State and tribal wildlife grants has happened in just the past 20 years— Second, the bill will support im- program. a frighteningly quick timeline and approved science capacity for Federal TITLE II—OCEAN PROGRAMS parently not what Nature intended. agencies to respond to global warming, Sec. 201. Short title. The shift in species has serious impli- including the establishment of a Na- Sec. 202. Findings. cations for Rhode Island’s fishermen, tional Global Warming and Wildlife Subtitle A—National Policy for Ocean, whose work has been part of our Science Center in the U.S. Geological Coastal, and Great Lakes Ecosystem State’s economy for generations. Survey for terrestrial wildlife and a Health and Resiliency When I recently traveled to Green- comparable Science Advisory Board Sec. 211. National policy on ocean, coastal, and great lakes ecosystem health and land to witness firsthand the most se- within the Department of Commerce to vere and visible effects of climate resiliency. provide scientific and technical advice change, one of the most striking of Sec. 212. National ocean, coastal, and to respond to the impacts of global Great Lakes resiliency strategy. these was global warming’s impact on Sec. 213. Advisory Board. Greenland’s population of polar bears. warming on ocean and coastal ecosystems. Sec. 214. Implementation of national The Greenland ice cap is melting at a strategy. rate never before seen in documented Finally, the bill directs that funding Sec. 215. Reports. history. Melting sea ice and glaciers for implementation of the national Sec. 216. Authorization of appropriations. there and in other parts of the Arctic strategy be allocated in a balanced, Subtitle B—Planning for Climate Change in are gradually raising sea levels around strategic, and efficient way to the Fed- Coastal Zone the world, shrinking polar bears’ habi- eral programs, States, and tribal agen- Sec. 221. Planning for climate change in tats and bringing them into increasing coastal zone. cies charged with carrying out the na- contact with humans. In some cases, tional strategy. TITLE III—SPECIAL IMPERILED SPECIES we were told, villagers have been PROGRAMS forced to shoot polar bears with their The impact of climate change on our Sec. 301. Definitions. cubs forced into populated areas in oceans and wildlife is an issue too im- Sec. 302. Regional ecological symposia. search of food. portant to ignore. Human activity has Sec. 303. National Academy of Sciences re- Global warming represents the single caused climate change and we must be port. greatest threat to our natural environ- responsible for solving it. We have an SEC. 2. DEFINITIONS. ment and wildlife, and we must act de- In this Act: obligation to our children and grand- cisively if we are to avoid disaster. (1) ECOLOGICAL PROCESSES.— America’s ocean and terrestrial wild- children to leave behind a natural envi- (A) IN GENERAL.—The term ‘‘ecological life is a fundamental part of our na- ronment as good, and we would hope processes’’ means the biological, chemical, tional heritage, and conservation of and pray better, than the one we inher- and physical interactions between the biotic and abiotic components of an ecosystem. our wildlife is a core value shared by ited. Preserving America’s wildlife and (B) INCLUSIONS.—The term ‘‘ecological all Americans. Climate change is di- oceans so that the next generation can processes’’ includes— rectly related to the species decline we enjoy an unspoiled natural environ- (i) nutrient cycling; have experienced over the last two dec- ment, and our many traditions of hunt- (ii) pollination; ades, both on land and in our waters. ing, fishing and other outdoor recre- (iii) predator-prey relationships; The combined impact of climate (iv) soil formation; ation, is a responsibility we must up- (v) gene flow; change, loss of habitat due to develop- hold. ment pressures, and exploitation of our (vi) hydrologic cycling; Mr. President, I ask unanimous con- (vii) decomposition; and natural resources threatens to drive (viii) disturbance regimes, such as fire and many species over the brink to perma- sent that the text of the bill be printed flooding. nent extinction. in the RECORD. (2) HABITAT.— Today, I am introducing legislation There being no objection, the text of (A) IN GENERAL.—The term ‘‘habitat’’ that will help bolster our oceans and means the physical, chemical, and biological the bill was ordered to be printed in wildlife against one of the most signifi- properties that are used by wildlife for the RECORD, as follows: cant of these pressures—that of global growth, reproduction, and survival. climate change. S. 2204 (B) INCLUSIONS.—The term ‘‘habitat’’ in- The Global Warming Wildlife Sur- cludes aquatic and terrestrial plant commu- Be it enacted by the Senate and House of Rep- nities, food, water, cover, and space on a vival Act represents the first com- tract of land, in a body of water, or in an prehensive approach to mitigate the resentatives of the United States of America in Congress assembled, area or region. impact of climate change on America’s (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ wildlife, oceans, and other natural sys- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. has the meaning given the term in section 4 tems. I am proud and pleased to have (a) SHORT TITLE.—This Act may be cited as of the Indian Self-Determination and Edu- the distinguished chair of the Environ- the ‘‘Global Warming Wildlife Survival Act’’. cation Assistance Act (25 U.S.C. 450b). ment and Public Works Committee, (4) WILDLIFE.—The term ‘‘wildlife’’ (b) TABLE OF CONTENTS.—The table of con- means— Senator BOXER, join me as an original tents of this Act is as follows: (A) any species of wild, free-ranging fauna, cosponsor of this bill. including fish and other aquatic species; and The bill has three primary goals: (B) any fauna in a captive breeding pro- first, it will create a coordinated na- gram the object of which is to reintroduce tional strategy, based on sound individuals of a depleted indigenous species science, to guide Federal, State, and into previously occupied range.

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13093 TITLE I—NATURAL RESOURCES AND (E) provide habitat linkages and corridors (i) the impact of global warming on wild- WILDLIFE PROGRAMS to facilitate wildlife movements in response life and wildlife habitat; to global warming; (ii) areas of habitat of particular impor- SEC. 101. DEFINITIONS. (F) restore and protect ecological processes tance for the conservation of wildlife popu- In this title: that sustain wildlife populations that are lations affected by global warming; and (1) ADVISORY BOARD.—The term ‘‘Advisory vulnerable to global warming; and (iii) strategies and mechanisms to assist Board’’ means the Advisory Board estab- (G) incorporate consideration of climate wildlife populations and wildlife habitats in lished under section 113(a). change in, and integrate climate change ad- adapting to the impact of global warming on (2) HABITAT LINKAGE.—The term ‘‘habitat aptation strategies for wildlife and wildlife the management of Federal land and in other linkage’’ means an area that— habitat into, the planning and management Federal programs for wildlife conservation; (A) connects wildlife habitat or potential of Federal land administered by the Depart- (B) advise the National Global Warming wildlife habitat; and ment of the Interior and land administered and Wildlife Science Center established (B) facilitates the ability of wildlife to by the Forest Service. under subsection (b) and review the research move within a landscape in response to the (2) COORDINATION WITH OTHER PLANS.—In programs of the Center; and effects of global warming. developing the national strategy, the Sec- (C) advise the Secretary regarding the best (3) NATIONAL STRATEGY.—The term ‘‘na- retary shall, to the maximum extent prac- science available for purposes of developing tional strategy’’ means the national strategy ticable— and revising the national strategy estab- established under section 112. (A) take into consideration research and lished under section 112. (4) SECRETARY.—The term ‘‘Secretary’’ information contained in— (3) PUBLIC AVAILABILITY.—The advice and means the Secretary of the Interior. (i) State comprehensive wildlife conserva- recommendations of the Advisory Board Subtitle A—National Policy and Strategy for tion plans; shall be available to the public. Wildlife (ii) the North American Waterfowl Man- (b) NATIONAL GLOBAL WARMING AND WILD- agement Plan; LIFE SCIENCE CENTER.— SEC. 111. NATIONAL POLICY ON WILDLIFE AND GLOBAL WARMING. (iii) the National Fish Habitat Action (1) IN GENERAL.—The Secretary shall estab- Plan; and lish a National Global Warming and Wildlife It is the policy of the Federal Government, (iv) other relevant plans; and Science Center within the United States Ge- in cooperation with State, tribal, and af- (B) coordinate and integrate, to the extent ological Survey. fected local governments, other concerned consistent with the policy established under (2) DIRECTOR.—The Center shall be headed public and private organizations, land- section 111, the goals and measures identified by a Director, appointed by the Secretary. owners, and citizens to use all practicable in the national strategy with goals and (3) FUNCTIONS.—The Center shall— means and measures— measures identified in those plans. (A) conduct scientific research on national (1) to assist wildlife populations and wild- (c) REVISIONS.—Not later than 5 years after issues relating to the impact of global warm- life habitats in adapting to and surviving the the date of the initial establishment of the ing on wildlife and wildlife habitat and effects of global warming; and national strategy and every 10 years there- mechanisms for adaptation to, mitigation of, (2) to ensure the persistence and resilience after, the Secretary shall revise the national or prevention of the impact; of the wildlife of the United States, together strategy to reflect— (B) consult with and advise Federal land with wildlife habitat, as an essential part of (1) new information on the impact of global management agencies and Federal wildlife the culture, landscape, and natural resources warming on wildlife and wildlife habitat; and agencies on— of the United States. (2) advances in the development of strate- (i) the impact of global warming on wild- SEC. 112. NATIONAL STRATEGY. gies for adapting to or mitigating the im- life and wildlife habitat and mechanisms for (a) REQUIREMENT.— pact. adaptation to or mitigation of the impact; (1) IN GENERAL.—Not later than 2 years (d) IMPLEMENTATION.— and after the date of enactment of this Act, the (1) IMPLEMENTATION ON FEDERAL LAND SYS- (ii) the incorporation of information re- Secretary shall implement the national pol- TEMS.—To achieve the goals of the national garding the impact and the adoption of icy under section 111 by establishing a na- strategy and to implement measures for the mechanisms for adaptation or mitigation of tional strategy for assisting wildlife popu- conservation of wildlife and wildlife habitat the impact in the management and planning lations and wildlife habitats in adapting to identified in the national strategy— for Federal land and in the administration of the impact of global warming. (A) the Secretary of the Interior shall exer- Federal wildlife programs; and (2) ADMINISTRATION.—In establishing the cise the authority of the Secretary under (C) consult and, to the maximum extent national strategy, the Secretary shall— this title and other laws within the jurisdic- practicable, collaborate with State and local (A) base the national strategy on the best tion of the Secretary pertaining to the ad- agencies, institutions of higher education, available science, as provided by the Advi- ministration of land; and and other public and private entities regard- sory Board; (B) the Secretary of Agriculture shall exer- ing research, monitoring, and other efforts (B) develop the national strategy in co- cise the authority of the Secretary of Agri- to address the impact of global warming on operation with State fish and wildlife agen- culture under this title and other laws with- wildlife and wildlife habitat. cies and Indian tribes; in the jurisdiction of the Secretary per- (4) INTEGRATION WITH OTHER FEDERAL AC- (C) consult with— taining to the administration of land. TIVITIES.—The Secretary, the Secretary of (i) the Secretary of Agriculture; (2) WILDLIFE CONSERVATION PROGRAMS.—To Agriculture, and the Secretary of Commerce (ii) the Secretary of Commerce; the maximum extent practicable, the Sec- shall ensure that research and other activi- (iii) the Administrator of the Environ- retary, the Secretary of Agriculture, and the ties carried out under this section are inte- mental Protection Agency; Secretary of Commerce shall use the au- grated with climate change program re- (iv) local governments; thorities of the respective Secretary under search and activities carried out under other (v) conservation organizations; other laws to achieve the goals of the na- Federal law. (vi) scientists; and tional strategy. (c) DETECTION OF CHANGES.—The Secretary, (vii) other interested stakeholders; and (e) LIMITATION ON EFFECT.—Nothing in this the Secretary of Agriculture, and the Sec- (D) provide public notice and opportunity section creates new authority or expands retary of Commerce shall use existing au- for comment. any existing authority for the Secretary to thorities to each carry out programs to de- (b) CONTENTS.— regulate the use of private property. tect changes in wildlife abundance, distribu- (1) IN GENERAL.—The Secretary shall in- SEC. 113. ADVISORY BOARD; NATIONAL GLOBAL tion, and behavior related to global warm- clude in the national strategy prioritized WARMING AND WILDLIFE SCIENCE ing, including— goals and measures and a plan for implemen- CENTER. (1) conducting species inventories on Fed- tation (including a timeframe)— (a) ADVISORY BOARD.— eral land and in marine areas within the ex- (A) to identify and monitor wildlife popu- (1) IN GENERAL.—The Secretary shall estab- clusive economic zone of the United States; lations, including game species, that are lish and appoint the members of an Advisory and likely to be adversely affected by global Board that is composed of— (2) establishing and implementing robust, warming, with particular emphasis on wild- (A) not less than 10, and not more than 20, coordinated monitoring programs. life populations with the greatest need for members recommended by the President of SEC. 114. AUTHORIZATION OF APPROPRIATIONS. conservation; the National Academy of Sciences with ex- (a) IN GENERAL.—There are authorized to (B) to identify and monitor coastal, ma- pertise in wildlife biology, ecology, climate be appropriated such sums as are necessary rine, terrestrial, and fresh water habitats change, and other relevant disciplines; and to carry out this subtitle. that are at the greatest risk of being dam- (B) the Director of the National Global (b) IMPLEMENTATION OF NATIONAL STRAT- aged by global warming; Warming and Wildlife Science Center estab- EGY.—Of the amount that is made available (C) assist species in adapting to the impact lished under subsection (b), who shall be an to carry out this subtitle for each fiscal of global warming; ex officio member of the Advisory Board. year— (D) protect, acquire, and restore wildlife (2) FUNCTIONS.—The Advisory Board shall— (1) 45 percent of the amount shall be made habitat to build resilience to global warm- (A) provide scientific and technical advice available to Federal agencies to develop and ing; and recommendations to the Secretary on— implement the national strategy established

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13094 CONGRESSIONAL RECORD — SENATE October 18, 2007 under section 112 in the administration of (A) approved, and provided to the Sec- year shall be adjusted equitably so that no Federal land systems, of which not less retary, an express strategy to assist wildlife State is apportioned under that subpara- than— populations in adapting to the impact of graph an amount that is— (A) 35 percent shall be allocated to the De- global warming in the State; and (A) less than 1 percent of the amount avail- partment of the Interior— (B) incorporated the strategy as a supple- able for apportionment under that subpara- (i) to operate the National Global Warming ment to the comprehensive wildlife con- graph for the fiscal year; or and Wildlife Science Center established servation plan of the State. (B) more than 5 percent of the amount. under section 113(b); and (3) SUBSEQUENT PERIOD.—After the 5-year (c) COST SHARING.— (ii) to carry out the policy established period described in paragraph (2), a State (1) PLAN DEVELOPMENT GRANTS.—The Fed- under section 111, and implement the na- shall not be eligible to receive funds under eral share of the costs of developing or revis- tional strategy, in the administration of— this section unless the State has submitted ing a comprehensive wildlife conservation (I) the National Park System; to the Secretary, and the Secretary has ap- plan shall not exceed 75 percent of the total (II) the National Wildlife Refuge System; proved, a revision to the comprehensive costs of developing or revising the plan. and wildlife conservation plan of the State that— (2) PLAN IMPLEMENTATION GRANTS.—The (III) public land of the Bureau of Land (A) describes the impact of global warming Federal share of the costs of carrying out an Management; and on the diversity and health of the wildlife activity under an approved comprehensive (B) 10 percent shall be allocated to the De- populations and habitat of the State; wildlife conservation plan carried out with a partment of Agriculture to carry out the pol- (B) describes and prioritizes proposed con- grant under this section shall not exceed 50 icy established under section 111, and imple- servation actions to assist wildlife popu- percent of the total costs of carrying out the ment the national strategy, in the adminis- lations in adapting to the impact; activity. tration of the National Forest System; (C) establishes programs for monitoring (3) PROHIBITION ON USE OF FEDERAL (2) 25 percent of the amount shall be made the impact of global warming on wildlife FUNDS.—The non-Federal share of costs of an available to Federal agencies to carry out populations and wildlife habitat; and activity carried out under this section shall the policy established under section 111, and (D) establishes methods for— not be paid with amounts derived from any to implement the national strategy, in the (i) assessing the effectiveness of conserva- Federal grant program. administration of fish and wildlife programs tion actions taken to assist wildlife popu- (d) REQUIREMENT FOR PLAN.— (other than for the operation and mainte- lations in adapting to the impact; and (1) IN GENERAL.—No State, territory, pos- nance of Federal land), of which— (ii) adapting the actions to respond appro- session, or other jurisdiction (referred to in (A) 10 percent shall be allocated to the De- priately to new information or changing con- this subsection as an ‘‘eligible jurisdiction’’) partment of the Interior to carry out endan- ditions. shall be eligible for a grant under this sec- gered species, migratory bird, and other fish (d) MAINTENANCE OF EFFORT.—It is the in- tion unless the eligible jurisdiction submits and wildlife programs administered by the tent of Congress that funding provided under to the Secretary a comprehensive wildlife United States Fish and Wildlife Service, this subtitle supplements (and not supplants) conservation plan that— other than operations and maintenance of existing sources of funding for wildlife con- (A) complies with paragraph (2); and the National Wildlife Refuges; and servation. (B) considers the broad range of wildlife (B) 15 percent shall be allocated to the De- Subtitle B—State and Tribal Wildlife Grants and associated habitats of the eligible juris- partment of the Interior to implement or Program diction, with appropriate priority placed on species with the greatest conservation need fund activities that assist wildlife and wild- SEC. 121. STATE AND TRIBAL WILDLIFE GRANTS life habitat in adapting to the impact of PROGRAM. and taking into consideration the relative global warming under applicable cooperative (a) AUTHORIZATION OF PROGRAM.—The Sec- level of funding available for the conserva- grant programs, including— retary shall establish a State and tribal tion of those species. (i) grants from the cooperative endangered wildlife grants program under which the Sec- (2) CONTENTS.—The comprehensive wildlife species conservation fund established under retary shall provide wildlife conservation conservation plan of an eligible jurisdiction section 6(i) of the Endangered Species Act of grants to States, the District of Columbia, shall contain— 1973 (16 U.S.C. 1535(i)); the Commonwealth of Puerto Rico, Guam, (A) information on the distribution and (ii) Private Stewardship Grants; American Samoa, the Commonwealth of the abundance of species of wildlife (including (iii) grants from the North American Wet- Northern Mariana Islands, the United States low and declining populations as the fish and lands Conservation Act (16 U.S.C. 4401 et Virgin Islands, and Indian tribes for the wildlife agency of the eligible jurisdiction seq.); planning, development, and implementation considers appropriate) that are indicative of (iv) grants from the multinational species of programs for the benefit of wildlife and the diversity and health of the wildlife of the conservation fund established under the wildlife habitat, including species that are eligible jurisdiction; heading ‘‘MULTINATIONAL SPECIES CONSERVA- not hunted or fished. (B) information on the location and rel- TION FUND’’ of title I of the Department of (b) ALLOCATION OF FUNDS.— ative condition of key habitats and commu- the Interior and Related Agencies Appropria- (1) IN GENERAL.—Subject to paragraph (2), nity types essential to the conservation of tions Act, 1999 (16 U.S.C. 4246); of the amount that is made available to species identified under subparagraph (A); (v) grants from the Neotropical Migratory carry out this section for each fiscal year— (C) a description of— Bird Conservation Fund established by sec- (A) 10 percent shall be used to conduct a (i) problems that may adversely affect spe- tion 9(a) of the Neotropical Migratory Bird competitive grant program for Indian tribes cies identified under subparagraph (A) or the Conservation Act (16 U.S.C. 6108(a)); and that are not subject to any other provision of habitats of the species; and (vi) grants under the National Fish Habitat this section; (ii) priority research and survey efforts Action Plan; and (B) of the amount remaining after the ap- that are needed to identify factors that may (3) 30 percent of the amount shall be made plication of subparagraph (A) and after the assist in the restoration and improved con- available for grants to States and Indian deduction of the administrative expenses in- servation of those species and habitats; tribes through the State and tribal wildlife curred by the Secretary to carry out this (D) a description of conservation actions grants program authorized under section section— proposed to conserve the identified species 121— (i) not more than 1⁄2 of 1 percent shall be al- and habitats and priorities for implementing (A) to carry out activities that assist wild- located to provide grants to each of— the actions; life and wildlife habitat in adapting to the (I) the District of Columbia; and (E) a proposed plan for monitoring species impact of global warming in accordance with (II) the Commonwealth of Puerto Rico; and identified under subparagraph (A) and the State comprehensive wildlife conservation (ii) not more than 1⁄4 of 1 percent shall be habitats of the species, for— plans developed and approved under the pro- allocated to each of— (i) monitoring the effectiveness of the con- gram; and (I) Guam; servation actions proposed under subpara- (B) to revise or supplement existing State (II) American Samoa; graph (D); and comprehensive wildlife conservation plans as (III) the Commonwealth of the Northern (ii) adapting the conservation actions to necessary to include specific strategies for Mariana Islands; and respond appropriately to new information or assisting wildlife and wildlife habitat in (IV) the United States Virgin Islands; and changing conditions; adapting to the impact of global warming. (C) of the amount remaining after the ap- (F) a description of procedures to review (c) AVAILABILITY TO STATES AND INDIAN plication of subparagraphs (A) and (B), the the comprehensive wildlife conservation plan TRIBES.— Secretary shall apportion among the at intervals of not to exceed 10 years; (1) IN GENERAL.—Subject to paragraphs (2) States— (G) a plan for coordinating the develop- and (3), funding under this section may be (i) 1⁄3 based on the ratio that the land area ment, implementation, review, and revision made available to States and Indian tribes in of each State bears to the total land area of of the comprehensive wildlife conservation accordance with this section. all States; and plan with Federal, State, and local agencies (2) INITIAL 5-YEAR PERIOD.—During the 5- (ii) 2⁄3 based on the ratio that the popu- and Indian tribes that manage significant year period beginning on the date of enact- lation of each State bears to the total popu- land and water areas within the jurisdiction ment of this Act, a State shall not be eligible lation of all States. or administer programs that significantly af- to receive funds under this section unless the (2) ADJUSTMENTS.—The amount appor- fect the conservation of identified species head of the wildlife agency of the State has— tioned under paragraph (1)(C) for a fiscal and habitats; and

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13095 (H) provisions that provide an opportunity the national policy under section 211 by es- (ii) the reports of the Pew Oceans Commis- for broad public participation as an essential tablishing a national strategy to protect, sion and the United States Commission on element of the development, revision, and maintain, and restore coastal and marine Ocean Policy; and implementation of the comprehensive wild- ecosystems so that the ecosystems are more (iii) any other relevant reports and infor- life conservation plan. resilient and better able to withstand the ad- mation; and (e) EXISTING STRATEGIES AND ACTIVITIES.— ditional stresses associated with global (B) encourage and take into account re- (1) STRATEGIES.—A State comprehensive warming, including relative sea level rise, gional plans for protecting and restoring the wildlife strategy that was approved by the and with ocean acidification. health and resilience of ocean and coastal Secretary pursuant to a provision of law in (2) MEASURES.—In establishing the na- ecosystems, including the Great Lakes. effect on the day before the date of enact- tional strategy, the Secretary shall provide (c) REVISIONS.—Not later than 5 years after ment of this Act shall remain in effect until for research and design of practical meas- the date of the initial establishment of the the authority for the strategy expires or is ures— national strategy and each 10 years there- revised in accordance with the terms of the (A) to avoid, alleviate, or mitigate the im- after, the Secretary shall revise the national strategy. pact of global warming, including relative strategy to reflect— (2) ACTIVITIES.—Except as specified in sec- sea level rise, and of ocean acidification on (1) new information on the impact of global tion 114(c), funds made available under this ocean, coastal, and Great Lakes ecosystems warming, including relative sea level rise, section may be used to carry out conserva- and resources in the United States; and and of acidification on ocean, coastal and tion and education activities conducted or (B) to ensure the recovery, resiliency, and Great Lakes ecosystems and the resources of proposed to be conducted pursuant to a health of ocean, coastal, and Great Lakes the ecosystems; and strategy described in paragraph (1). ecosystems. (2) advances in the development of strate- (f) AUTHORIZATION OF APPROPRIATIONS.— (3) ADMINISTRATION.—Before and during the gies for adapting to or mitigating for the im- There are authorized to be appropriated such development of the national strategy, the pact. sums as are necessary to carry out this sec- Secretary shall— (d) IMPLEMENTATION.—To achieve the goals tion. (A) base the national strategy on the best of the national strategy, each Federal agen- TITLE II—OCEAN PROGRAMS available science; cy shall (directly and in cooperation with (B) consult with— other agencies) implement measures for the SEC. 201. SHORT TITLE. conservation of ocean, coastal, and Great This title may be cited as the ‘‘Global (i) the Secretary of the Interior; (ii) the Administrator of the Environ- Lakes ecosystems under the jurisdiction of Warming and Acidification Coastal and the Federal agency that promote the na- Ocean Resiliency Act’’. mental Protection Agency; (iii) Regional Fishery Management Coun- tional strategy established under this sec- SEC. 202. FINDINGS. cils; tion. Congress finds that— (iv) State coastal management and fish SEC. 213. ADVISORY BOARD. (1) healthy, diverse, and productive coast- and wildlife agencies; (a) IN GENERAL.—The Secretary shall es- al, ocean, and Great Lakes ecosystems, com- (v) Indian tribes; tablish and appoint the members of an Advi- munities, and habitats are critical to secur- (vi) local governments; sory Board that is composed of not less than ing the full range of natural resource bene- (vii) conservation organizations; 10, and not more than 20, members rec- fits for the United States; ommended by the President of the National (2) healthy ecosystems are more resilient (viii) scientists; and (ix) other interested stakeholders; and Academy of Sciences with expertise in than degraded ecosystems; ocean, coastal, and Great Lakes biology, (3) resilient ecosystems can better adapt to (C) provide public notice and opportunity for comment. ecology, fisheries, climate change, ocean changing environmental conditions, includ- acidification, and other relevant disciplines, ing global warming and ocean acidification; (b) CONTENTS.— including economics at the community level. (4) the effects of global warming, including (1) IN GENERAL.—The Secretary shall in- (b) FUNCTION.—The Advisory Board shall— relative sea level rise and ocean acidification clude in the national strategy prioritized (1) provide scientific and technical advice pose significant threats to healthy ocean, goals and measures and a plan for implemen- and recommendations to the Secretary on— coastal, and Great Lakes ecosystems; and tation (including a timeframe)— (A) the impact of global warming, includ- (5) policies and programs designed to en- (A) to incorporate climate change adapta- ing relative sea level rise, and of acidifica- sure the recovery, resilience, and health of tion strategies into the planning and man- tion on ocean and coastal ecosystems, re- coastal, ocean, and Great Lakes ecosystems agement of ocean and coastal programs and sources, ecological and coastal communities, and the resources of the ecosystems in the resources administered by the Department of and habitats; and face of environmental change are an urgent Commerce; (B) strategies and mechanisms to mitigate national priority. (B) to incorporate the strategies into the the impact of global warming, including rel- Subtitle A—National Policy for Ocean, Coast- planning and management of ocean and ative sea level rise, and of acidification on al, and Great Lakes Ecosystem Health and coastal resources administered by Federal ocean and coastal ecosystems; Resiliency and non-Federal governmental entities other (2) advise the Secretary on priorities for SEC. 211. NATIONAL POLICY ON OCEAN, COAST- than the Department of Commerce; research or information collection; and AL, AND GREAT LAKES ECOSYSTEM (C) to support predictions of relative sea (3) advise the Secretary on priority needs HEALTH AND RESILIENCY. level rise; for achieving systematic improvements in It is the policy of the Federal Government, (D) to protect, maintain, and restore coast- ocean and coastal resiliency for the purposes in cooperation with State, tribal, and af- al and marine ecosystems so that the eco- of section 212. fected local governments, other concerned systems are more resilient and better able to SEC. 214. IMPLEMENTATION OF NATIONAL public and private organizations, coastal and withstand the additional stresses associated STRATEGY. ocean resource users, and citizens to take ef- with global warming, including relative sea (a) IN GENERAL.—Of the amount that is fective measures— level rise, and with ocean acidification; made available to carry out this subtitle for (1) to ensure the recovery, resiliency, and (E) to protect ocean and coastal species each fiscal year— health of ocean, coastal, and Great Lakes from the impact of global warming and (1) 40 percent shall be made available for ecosystems; ocean acidification; the carrying out of Federal responsibilities (2) to predict, plan for, and mitigate the (F) to incorporate adaptation strategies for to develop and implement the national strat- impact on coastal, ocean, and Great Lakes relative sea level rise into coastal zone plan- egy established under section 212; and ecosystems from global warming, including ning; (2) 60 percent shall be used to make grants relative sea level rise, and from ocean acidi- (G) to protect and restore ocean and coast- under subsection (b). fication; al habitats to build healthy and resilient (b) GRANTS.— (3) to plan for and mitigate the impact of ecosystems, including the purchase of coast- (1) IN GENERAL.—The Secretary shall make the development of offshore alternative en- al and island land; and grants to eligible entities to pay the Federal ergy resources and appropriate carbon cap- (H) to promote the development of plans to share (as determined by the Secretary) to ture and sequestration activities; and mitigate at the community level the eco- carry out activities that contribute to or re- (4) to cooperate and collaborate to support nomic consequences of global warming, in- sult in protecting, maintaining, or restoring improved and enhanced ocean and coastal cluding relative sea level rise and ocean the resilience and health of coastal, ocean, management in the United States. acidification. and Great Lakes ecosystems and resources, SEC. 212. NATIONAL OCEAN, COASTAL, AND (2) COORDINATION WITH OTHER PLANS.—In including planning and scientific research to GREAT LAKES RESILIENCY STRAT- developing the national strategy, the Sec- support such purposes. EGY. retary shall, to the maximum extent prac- (2) ELIGIBLE ENTITIES.—To be eligible to re- (a) REQUIREMENT.— ticable— ceive a grant under this subsection, an enti- (1) IN GENERAL.—Not later than 2 years (A) take into consideration research and ty shall be— after the date of enactment of this Act, the information contained in— (A) a Federal agency; Secretary of Commerce (referred to in this (i) Federal, regional, and State manage- (B) an agency of a State or political subtitle as the ‘‘Secretary’’) shall implement ment and restoration plans; division;

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13096 CONGRESSIONAL RECORD — SENATE October 18, 2007 (C) a regional partnership; change resiliency plans pursuant to approved approved under subsection (d)(6), the Sec- (D) an Indian tribe; management programs approved under secretary shall publish in the Federal Register (E) an institution of higher education; or tion 306, to prepare for and reduce, in an en- requirements regarding applications, alloca- (F) a nongovernmental organization. vironmentally sensitive manner, the nega- tions, eligible activities, and all terms and (3) ELIGIBLE USES.—A grant provided under tive consequences to the coastal zone that conditions for grants awarded under this this subsection may only be used to carry may result from global warming and ocean subsection. out an activity described in paragraph (1) acidification; and ‘‘(B) MERIT-BASED AWARDS.—No less than 30 that is approved by the Secretary. ‘‘(2) provide financial and technical assist- percent of the funds made available for any (4) PRIORITIZATION.—In approving applica- ance and training to enable coastal states to fiscal year for grants under this subsection tions under this subsection, the Secretary implement plans developed pursuant to this shall be awarded through a merit-based com- shall give priority to proposals that— section through enforceable policies of the petitive process.’’. (A) implement measures to enhance the coastal states. (b) AUTHORIZATION OF APPROPRIATIONS.— health or resilience of coastal, ocean, or ‘‘(c) GUIDELINES.—Not later than 180 days Section 318(a) of the Coastal Zone Manage- Great Lakes areas of national significance, after the date of enactment of this section, ment Act of 1972 (16 U.S.C. 1464(a)) is amend- including biological, historical, and cultural the Secretary, in consultation with the ed— measures; coastal states, shall issue guidelines for the (1) in paragraph (1), by striking ‘‘and’’ at (B) result in systematic improvements to implementation of the grant program estab- the end; the resilience and health of coastal and lished under subsection (d). (2) in paragraph (2), by striking the period ‘‘(d) CLIMATE CHANGE RESILIENCY PLANNING ocean ecosystems and resources; at the end and inserting ‘‘; and’’; and GRANTS.— (C) are sufficiently cooperative and broad (3) by adding by adding at the end the fol- ‘‘(1) IN GENERAL.—Subject to the avail- in geographic scope to address the problem lowing: ability of appropriations, the Secretary may or need; and ‘‘(3) for grants under subsections (d) and (e) make a grant to any coastal state for the (D) demonstrate cost-effectiveness based of section 320, such sums as are necessary for purpose of developing and implementing cli- on ecosystems services provided per dollar of each fiscal year.’’. mate change resiliency plans pursuant to Federal expenditure, including consideration guidelines issued by the Secretary under sub- TITLE III—SPECIAL IMPERILED SPECIES of the potential for a funding match. section (c). PROGRAMS (5) GUIDANCE.—The Secretary shall issue ‘‘(2) PLAN CONTENT.— SEC. 301. DEFINITIONS. guidance regarding a process for— ‘‘(A) IN GENERAL.—A plan developed with a In this title: (A) the approval or disapproval of applica- grant under this section shall include adap- (1) DIRECTOR.—The term ‘‘Director’’ means tions for grants under this subsection, in- tation strategies for fish and wildlife, fish the Director of the United States Geological cluding opportunities for public comment; and wildlife habitat, and associated ecologi- Survey. and cal process as are necessary to assist fish and (2) ECOSYSTEM.—The term ‘‘ecosystem’’ (B) the establishment of annual and wildlife, fish and wildlife habitat, and associ- means any complex of a plant, animal, multiyear national funding priorities. ated ecological processes to adapt to, become fungal, and microorganism community and (6) EVALUATION.— resilient to, and mitigate the impact of, the associated nonliving environment of the (A) IN GENERAL.—The Secretary shall es- global warming and ocean acidification. community that interacts as an ecological tablish a system to provide for an annual ex- ‘‘(B) INCLUSIONS.—The plans shall specifi- unit, including the species and the viability ternal evaluation of each grant that meas- cally include— of species within the community. ures the progress of implementation of the ‘‘(i) adaptive management strategies for (3) IMPERILED SPECIES.—The term ‘‘imper- grant against the goals and objectives of the land and water use to respond or adapt to iled species’’ means— grant project. changing environmental conditions, includ- (A) a species listed as an endangered spe- (B) PUBLIC AVAILABILITY.—The Secretary ing strategies to protect biodiversity and es- cies or threatened species under the Endan- shall make the results of the evaluations tablish habitat buffer zones, migration cor- gered Species Act of 1973 (16 U.S.C. 1531 et publicly available. ridors, and climate refugia; and seq.); SEC. 215. REPORTS. ‘‘(ii) requirements— (B) a species proposed for listing under (a) NATIONAL ACADEMY OF SCIENCES.—The ‘‘(I) to initiate and maintain long-term that Act; Secretary shall enter into an arrangement monitoring of environmental change to as- (C) a candidate species under that Act.; with the National Academy of Sciences sess coastal zone resiliency; and (D) a species listed as an endangered spe- under which the Academy shall report to ‘‘(II) if necessary, to adjust adaptive man- cies under any State law; and Congress, not later than 2 years after the agement strategies and new planning guide- (E) a species, the population of which is de- date of enactment of this Act, on the current lines to attain the policies under section 303. clining at a significant rate. and projected impact of global warming, in- ‘‘(3) ALLOCATION.—Grants under this sec- SEC. 302. REGIONAL ECOLOGICAL SYMPOSIA. cluding relative sea level rise, of ocean acidi- tion shall be— (a) IN GENERAL.—Not later than 18 months fication, and on effective mitigation strate- ‘‘(A) available only to coastal states with after the date of enactment of this Act, the gies for the ocean, coastal, and Great Lakes management programs approved by the Sec- Director, in coordination with the Director ecosystems and resources of the United retary under section 306; and of the United States Fish and Wildlife Serv- States. ‘‘(B) allocated among the coastal states in ice and the Director of the National Marine (b) REPORT TO CONGRESS.—The Secretary a manner consistent with regulations pro- Fisheries Service, shall convene multiple re- shall make available to Congress a copy of mulgated pursuant to section 306(c). gional scientific symposia to examine the ec- the strategy and implementation plan estab- ‘‘(4) PRIORITY.—In the awarding grants ological impact of global warming on each lished under this subtitle (including any up- under this subsection, the Secretary may imperiled species in each ecosystem of the dates to the strategy and plan). give priority to any coastal state that has United States. SEC. 216. AUTHORIZATION OF APPROPRIATIONS. received grant funding to develop program (b) COMPOSITION.—A symposium convened There are authorized to be appropriated changes pursuant to paragraphs (1), (2), (3), in a region shall include— such sums as are necessary to carry out this (5), (6), (7), and (8) of section 309(a). (1) scientific representatives from Federal subtitle. ‘‘(5) TECHNICAL ASSISTANCE.—The Secretary agencies with species- or ecosystem-related Subtitle B—Planning for Climate Change in may provide technical assistance to a coast- activities in the region; Coastal Zone al state (consistent with section 310) to en- (2) if appropriate, scientists or technical SEC. 221. PLANNING FOR CLIMATE CHANGE IN sure the timely development of plans sup- experts representing State, local, and tribal COASTAL ZONE. ported by grants awarded under this sub- governments; and (a) IN GENERAL.—The Coastal Zone Man- section. (3) scientific experts from institutions of agement Act of 1972 (16 U.S.C. 1451 et seq.) is ‘‘(6) FEDERAL APPROVAL.—In order to be el- higher education and scientific societies, and amended by adding at the end the following: igible for a grant under subsection (e), a any other independent scientists with suffi- ‘‘SEC. 320. CLIMATE CHANGE RESILIENCY PLAN- coastal state shall have the plan of the cient qualifications and credentials, particu- NING. coastal state developed under this section larly with respect to site-specific ecological ‘‘(a) DEFINITIONS.—In this section, the approved by the Secretary. conditions and the status of species and eco- terms ‘ecological processes’, ‘habitat’, and ‘‘(e) COASTAL RESILIENCY PROJECT logical communities of concern in the re- ‘wildlife’ have the meanings given those GRANTS.— gion. terms in section 2 of the Global Warming ‘‘(1) IN GENERAL.—Subject to the avail- (c) DUTIES.—A symposium convened in a Wildlife Survival Act. ability of appropriations, the Secretary may region shall— ‘‘(b) PROGRAM.—The Secretary shall estab- make grants to any coastal state that has a (1) identify and assess fish, wildlife, and lish, consistent with the national policies es- climate change resiliency plan approved plant species, the habitats of the species, and tablished under section 303, a coastal climate under subsection (d)(6) for implementation of the natural processes, ecosystems, and land- change resiliency planning and response pro- the plan. scapes that support the habitats, that are gram to— ‘‘(2) PROGRAM REQUIREMENTS.— most imperiled by global warming; and ‘‘(1) provide assistance to coastal states to ‘‘(A) IN GENERAL.—Not later than 90 days (2) focus on imperiled species that are lo- develop and implement coastal climate after the date of approval of the first plan cated on public land, declining migratory

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birds species, and other species that are pro- term in section 101(a) of title 10, United (c) TREATMENT OF CERTAIN BREAKS IN tected by treaty or international agreement. States Code. PRESENCE.— SEC. 303. NATIONAL ACADEMY OF SCIENCES RE- SEC. 3. CANCELLATION OF REMOVAL AND AD- (1) IN GENERAL.—An alien shall be consid- PORT. JUSTMENT OF STATUS OF CERTAIN ered to have failed to maintain continuous (a) IN GENERAL.—As soon as practicable LONG-TERM RESIDENTS WHO EN- physical presence in the United States under after the date of enactment of this Act, the TERED THE UNITED STATES AS subsection (a) if the alien has departed from Secretary of the Interior shall enter into an CHILDREN. the United States for any period in excess of (a) SPECIAL RULE FOR CERTAIN LONG-TERM arrangement with the National Academy of 90 days or for any periods in the aggregate RESIDENTS WHO ENTERED THE UNITED STATES Sciences under which the Academy shall exceeding 180 days. AS CHILDREN.— convene a panel— (2) EXTENSIONS FOR EXCEPTIONAL CIR- (1) IN GENERAL.—Notwithstanding any (1) to examine and analyze the reports, CUMSTANCES.—The Secretary may extend the other provision of law and except as other- data, documents, and other information cre- time periods described in paragraph (1) if the wise provided in this Act, the Secretary may ated by the multiple regional scientific alien demonstrates that the failure to timely cancel removal of, and adjust to the status of symposia convened in accordance with sec- return to the United States was due to ex- an alien lawfully admitted for permanent tion 302(a); and ceptional circumstances. The exceptional residence, subject to the conditional basis (2) to prepare a report that takes into con- circumstances determined sufficient to jus- described in section 4, an alien who is inad- sideration each report, data, document, and tify such an extension shall be no less com- missible or deportable from the United other item of information described in para- pelling than serious illness of the alien, or States, if the alien demonstrates that— graph (1). death or serious illness of a parent, grand- (A) the alien has been physically present in (b) CONTENTS OF REPORT.—The report re- parent, sibling, or child of the alien. the United States for a continuous period of quired under subsection (a)(2) shall include— (d) EXEMPTION FROM NUMERICAL LIMITA- not less than 5 years immediately preceding (1) an identification and assessment of— TIONS.—Nothing in this section may be con- the date of enactment of this Act, and had (A) the impact of global warming on each strued to apply a numerical limitation on not yet reached the age of 16 years at the imperiled species and ecosystem in the the number of aliens who may be eligible for time of initial entry; United States (including the territories of cancellation of removal or adjustment of (B) the alien has been a person of good the United States); and status under this section. moral character since the date of enactment (B) different ecological scenarios that may (e) REGULATIONS.— of this Act; result from different intensities, rates, and (1) PROPOSED REGULATIONS.—Not later than (C) the alien— other critical manifestations of global warm- 180 days after the date of enactment of this (i) is not inadmissible under paragraph (2), ing; Act, the Secretary shall publish proposed paragraph (3), subparagraph (B), (C), (E), (F), (2) recommendations for specific roles to regulations implementing this section. Such or (G) of paragraph (6), or subsection (C) of be played by Federal, State, local, and tribal regulations shall be effective immediately on paragraph (10) of section 212(a) of the Immi- agencies and private parties in assisting im- an interim basis, but are subject to change gration and Nationality Act (8 U.S.C. periled species in adapting to, and surviving and revision after public notice and oppor- 1182(a)), except that if the alien is inadmis- the impacts of, climate change, including a tunity for a period for public comment. sible solely under subparagraph (C) or (F) of recommended list of prioritized remediation (2) INTERIM, FINAL REGULATIONS.—Within a paragraph (6) of such section, the alien had actions by those agencies and parties; and reasonable time after publication of the in- not yet reached the age of 16 years at the (3) other relevant ecological information. terim regulations in accordance with para- time the violation was committed; and (c) PUBLIC AVAILABILITY.—The rec- graph (1), the Secretary shall publish final (ii) is not deportable under subparagraph ommendations and report required under regulations implementing this section. this section shall be made available to the (E) or (G) of paragraph (1), paragraph (2), public as soon as practicable after the rec- subparagraph (B), (C), or (D) of paragraph (3), SEC. 4. CONDITIONAL PERMANENT RESIDENT STATUS. ommendations and report are complete. paragraph (4), or paragraph (6) of section (d) USE OF REPORT BY CERTAIN HEADS OF 237(a) of the Immigration and Nationality (a) IN GENERAL.— FEDERAL AGENCIES.—The Secretary of Agri- Act (8 U.S.C. 1227(a)), except that if the alien (1) CONDITIONAL BASIS FOR STATUS.—Not- culture, the Secretary of Commerce, and the is deportable solely under subparagraph (C) withstanding any other provision of law, and Secretary of the Interior, in carrying out or (D) of paragraph (3) of such section, the except as provided in section 5, an alien each national policy described in sections 111 alien had not yet reached the age of 16 years whose status has been adjusted under section and 211, shall take into account the rec- at the time the violation was committed; 3 to that of an alien lawfully admitted for ommendations and report required under (D) the alien, at the time of application, permanent residence shall be considered to this section. has been admitted to an institution of higher have obtained such status on a conditional education in the United States, or has basis subject to the provisions of this sec- By Mr. DURBIN (for himself, Mr. earned a high school diploma or obtained a tion. Such conditional permanent resident HAGEL, and Mr. LUGAR): general education development certificate in status shall be valid for a period of 6 years, S. 2205. A bill to authorize the can- the United States; subject to termination under subsection (b). cellation of removal and adjustment of (E) the alien has never been under a final (2) NOTICE OF REQUIREMENTS.— (A) AT TIME OF OBTAINING PERMANENT RESI- status of certain alien students who administrative or judicial order of exclusion, DENCE.—At the time an alien obtains perma- are long-term United States residents deportation, or removal, unless the alien— (i) has remained in the United States under nent resident status on a conditional basis and who entered the United States as color of law after such order was issued; or under paragraph (1), the Secretary shall pro- children, and for other purposes; read (ii) received the order before attaining the vide for notice to the alien regarding the the first time. age of 16 years; and provisions of this section and the require- Mr. DURBIN. Mr. President, I ask (F) the alien was had not yet reached the ments of subsection (c) to have the condi- unanimous consent that the text of the age of 30 years on the date of enactment of tional basis of such status removed. bill be printed in the RECORD. this Act. (B) EFFECT OF FAILURE TO PROVIDE NO- There being no objection, the text of (2) WAIVER.—Notwithstanding paragraph TICE.—The failure of the Secretary to pro- the bill was ordered to be placed in the (1), the Secretary of Homeland Security may vide a notice under this paragraph— (i) shall not affect the enforcement of the RECORD, as follows: waive the ground of ineligibility under section 212(a)(6) of the Immigration and Nation- provisions of this Act with respect to the S. 2205 ality Act and the ground of deportability alien; and Be it enacted by the Senate and House of Rep- under paragraphs (1), (3), and (6) of section (ii) shall not give rise to any private right resentatives of the United States of America in 237(a) of that Act for humanitarian purposes of action by the alien. Congress assembled, or family unity or when it is otherwise in (3) LIMITATION ON REMOVAL.—The Secretary SECTION 1. SHORT TITLE. the public interest. may not remove an alien who has a pending This Act may be cited as the ‘‘Develop- (3) PROCEDURES.—The Secretary shall pro- application for conditional permanent resi- ment, Relief, and Education for Alien Minors vide a procedure by regulation allowing eli- dent status under this section. Act of 2007’’ or the ‘‘DREAM Act of 2007’’. gible individuals to apply affirmatively for (b) TERMINATION OF STATUS.— SEC. 2. DEFINITIONS. the relief available under this subsection (1) IN GENERAL.—The Secretary shall ter- In this Act: without being placed in removal proceedings. minate the conditional permanent resident (1) INSTITUTION OF HIGHER EDUCATION.—The (b) TERMINATION OF CONTINUOUS PERIOD.— status of any alien who obtained such status term ‘‘institution of higher education’’ has For purposes of this section, any period of under this Act, if the Secretary determines the meaning given that term in section 101 of continuous residence or continuous physical that the alien— the Higher Education Act of 1965 (20 U.S.C. presence in the United States of an alien who (A) ceases to meet the requirements of sub- 1001). applies for cancellation of removal under paragraph (B) or (C) of section 3(a)(1); (2) SECRETARY.—The term ‘‘Secretary’’ this section shall not terminate when the (B) has become a public charge; or means the Secretary of Homeland Security. alien is served a notice to appear under sec- (C) has received a dishonorable or other (3) UNIFORMED SERVICES.—The term ‘‘uni- tion 239(a) of the Immigration and Nation- than honorable discharge from the uniformed services’’ has the meaning given that ality Act (8 U.S.C. 1229(a)). formed services.

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(2) RETURN TO PREVIOUS IMMIGRATION STA- charged, has received an honorable dis- engaged in employment in the United States TUS.—Any alien whose conditional perma- charge. consistent with the Fair Labor Standards nent resident status is terminated under (E) The alien has provided a list of each Act (29 U.S.C. 201 et seq.) and State and local paragraph (1) shall return to the immigra- secondary school (as that term is defined in laws governing minimum age for employ- tion status the alien had immediately prior section 9101 of the Elementary and Sec- ment. to receiving conditional permanent resident ondary Education Act of 1965 (20 U.S.C. 7801)) (c) LIFT OF STAY.—The Attorney General status under this Act. that the alien attended in the United States. shall lift the stay granted pursuant to sub- (c) REQUIREMENTS OF TIMELY PETITION FOR (2) HARDSHIP EXCEPTION.— section (a) if the alien— REMOVAL OF CONDITION.— (A) IN GENERAL.—The Secretary may, in (1) is no longer enrolled in a primary or (1) IN GENERAL.—In order for the condi- the Secretary’s discretion, remove the condi- secondary school; or tional basis of permanent resident status ob- tional status of an alien if the alien— (2) ceases to meet the requirements of sub- tained by an alien under subsection (a) to be (i) satisfies the requirements of subpara- section (a)(1). removed, the alien must file with the Sec- graphs (A), (B), and (C) of paragraph (1); SEC. 8. PENALTIES FOR FALSE STATEMENTS IN retary, in accordance with paragraph (3), a (ii) demonstrates compelling cir- APPLICATION. petition which requests the removal of such cumstances for the inability to complete the Whoever files an application for relief conditional basis and which provides, under requirements described in subparagraph (D) under this Act and willfully and knowingly penalty of perjury, the facts and information of such paragraph; and falsifies, misrepresents, or conceals a mate- so that the Secretary may make the deter- (iii) demonstrates that the alien’s removal rial fact or makes any false or fraudulent mination described in paragraph (2)(A). from the United States would result in ex- statement or representation, or makes or (2) ADJUDICATION OF PETITION TO REMOVE ceptional and extremely unusual hardship to uses any false writing or document knowing CONDITION.— the alien or the alien’s spouse, parent, or the same to contain any false or fraudulent (A) IN GENERAL.—If a petition is filed in ac- child who is a citizen or a lawful permanent statement or entry, shall be fined in accord- cordance with paragraph (1) for an alien, the resident of the United States. ance with title 18, United States Code, or im- Secretary shall make a determination as to (B) EXTENSION.—Upon a showing of good prisoned not more than 5 years, or both. whether the alien meets the requirements cause, the Secretary may extend the period SEC. 9. CONFIDENTIALITY OF INFORMATION. set out in subparagraphs (A) through (E) of of conditional resident status for the purpose (a) PROHIBITION.—Except as provided in subsection (d)(1). of completing the requirements described in subsection (b), no officer or employee of the (B) REMOVAL OF CONDITIONAL BASIS IF FA- subparagraph (D) of paragraph (1). United States may— VORABLE DETERMINATION.—If the Secretary (e) TREATMENT OF PERIOD FOR PURPOSES OF (1) use the information furnished by the determines that the alien meets such re- NATURALIZATION.—For purposes of title III of applicant pursuant to an application filed quirements, the Secretary shall notify the the Immigration and Nationality Act (8 under this Act to initiate removal pro- alien of such determination and immediately U.S.C. 1401 et seq.), in the case of an alien ceedings against any persons identified in remove the conditional basis of the status of who is in the United States as a lawful per- the application; the alien. manent resident on a conditional basis under (2) make any publication whereby the in- (C) TERMINATION IF ADVERSE DETERMINA- this section, the alien shall be considered to formation furnished by any particular indi- TION.—If the Secretary determines that the have been admitted as an alien lawfully ad- vidual pursuant to an application under this alien does not meet such requirements, the mitted for permanent residence and to be in Act can be identified; or Secretary shall notify the alien of such de- the United States as an alien lawfully admit- (3) permit anyone other than an officer or termination and terminate the conditional ted to the United States for permanent resi- employee of the United States to examine permanent resident status of the alien as of dence. However, the conditional basis must applications filed under this Act. the date of the determination. be removed before the alien may apply for (b) REQUIRED DISCLOSURE.—The Attorney naturalization. (3) TIME TO FILE PETITION.—An alien may General or the Secretary shall provide the petition to remove the conditional basis to SEC. 5. TREATMENT OF CERTAIN APPLICANTS. information furnished under this section, lawful resident status during the period be- If, on the date of enactment of this Act, an and any other information derived from such ginning 180 days before and ending 2 years alien has satisfied all the requirements of furnished information, to— after either the date that is 6 years after the subparagraphs (A) through (F) of section (1) a duly recognized law enforcement enti- date of the granting of conditional perma- 3(a)(1) and subparagraph (D) of section ty in connection with an investigation or nent resident status or any other expiration 4(d)(1), the Secretary may adjust the status prosecution of an offense described in para- date of the conditional permanent resident of the alien to that of a conditional resident graph (2) or (3) of section 212(a) of the Immi- status as extended by the Secretary in ac- in accordance with section 3. The alien may gration and Nationality Act (8 U.S.C. cordance with this Act. The alien shall be petition for removal of such condition at the 1182(a)), when such information is requested end of the conditional residence period in ac- deemed in conditional permanent resident in writing by such entity; or cordance with section 4(c) if the alien has status in the United States during the period (2) an official coroner for purposes of af- met the requirements of subparagraphs (A), in which the petition is pending. firmatively identifying a deceased individual (B), and (C) of section 4(d)(1) during the en- (whether or not such individual is deceased (d) DETAILS OF PETITION.— tire period of conditional residence. (1) CONTENTS OF PETITION.—Each petition as a result of a crime). SEC. 6. EXCLUSIVE JURISDICTION. for an alien under subsection (c)(1) shall con- (c) PENALTY.—Whoever knowingly uses, (a) SECRETARY.—Except as provided in sub- publishes, or permits information to be ex- tain information to permit the Secretary to section (b), the Secretary shall have exclu- determine whether each of the following re- amined in violation of this section shall be sive jurisdiction to determine eligibility for fined not more than $10,000. quirements is met: relief under this Act. SEC. 10. HIGHER EDUCATION ASSISTANCE. (A) The alien has demonstrated good moral (b) ATTORNEY GENERAL.—Notwithstanding Notwithstanding any provision of the character during the entire period the alien subsection (a), if an alien has been placed Higher Education Act of 1965 (20 U.S.C. 1001 has been a conditional permanent resident. into deportation, exclusion, or removal pro- et seq.), with respect to assistance provided (B) The alien is in compliance with section ceedings either prior to or after filing an ap- under title IV of the Higher Education Act of 3(a)(1)(C). plication for relief under this Act, the Attor- 1965 (20 U.S.C. 1070 et seq.), an alien who ad- (C) The alien has not abandoned the alien’s ney General shall have exclusive jurisdiction justs status to that of a lawful permanent residence in the United States. The Sec- and shall assume all the powers and duties of resident under this Act shall be eligible only retary shall presume that the alien has aban- the Secretary under this Act until pro- for the following assistance under such title: doned such residence if the alien is absent ceedings are terminated. If a final order of (1) Student loans under parts B, D, and E of from the United States for more than 365 deportation, exclusion, or removal is entered such title IV, subject to the requirements of days, in the aggregate, during the period of for the alien the Secretary shall resume all such parts. conditional residence, unless the alien dem- powers and duties under this Act with re- (2) Federal work-study programs under onstrates that alien has not abandoned the spect to the alien. part C of such title IV, subject to the re- alien’s residence. An alien who is absent SEC. 7. STAY OF REMOVAL OF CERTAIN ALIENS from the United States due to active service ENROLLED IN PRIMARY OR SEC- quirements of such part. in the uniformed services has not abandoned ONDARY SCHOOL. (3) Services under such title IV, subject to the alien’s residence in the United States (a) STAY OF REMOVAL.—The Attorney Gen- the requirements for such services. during the period of such service. eral shall stay the removal proceedings of SEC. 11. GAO REPORT. (D) The alien has completed at least 1 of any alien who— Not later than 7 years after the date of en- the following: (1) meets all the requirements of subpara- actment of this Act, the Comptroller General (i) The alien has acquired a degree from an graphs (A), (B), (C), (E), and (F) of section of the United States shall submit a report to institution of higher education in the United 3(a)(1); the Committee on the Judiciary of the Sen- States or has completed at least 2 years, in (2) is at least 12 years of age; and ate and the Committee on the Judiciary of good standing, in a program for a bachelor’s (3) is enrolled full time in a primary or sec- the House of Representatives setting forth— degree or higher degree in the United States. ondary school. (1) the number of aliens who were eligible (ii) The alien has served in the uniformed (b) EMPLOYMENT.—An alien whose removal for cancellation of removal and adjustment services for at least 2 years and, if dis- is stayed pursuant to subsection (a) may be of status under section 3(a);

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13099 (2) the number of aliens who applied for ad- within seven years after the date of its sub- Whereas elements of character transcend justment of status under section 3(a); mission by the Congress: cultural, religious, and socioeconomic dif- (3) the number of aliens who were granted ‘‘ARTICLE— ferences; adjustment of status under section 3(a); and Whereas the character and conduct of our ‘‘SECTION 1. Congress shall have power to (4) the number of aliens whose conditional youth reflect the character and conduct of regulate the raising and spending of money, permanent resident status was removed society, and, therefore, every adult has the including through setting limits, for cam- under section 4. responsibility to teach and model ethical paigns for nomination for election to, or for values and every social institution has the By Mr. SCHUMER (for himself, election to, Federal office. responsibility to promote the development of ‘‘SECTION 2. A State shall have power to good character; Mr. SPECTER, Mr. COCHRAN, and regulate the raising and spending of money, Mr. HARKIN: Whereas Congress encourages individuals including through setting limits, for— and organizations, especially those who have S.J. Res. 21. A joint resolution pro- ‘‘(1) State or local ballot initiatives, posing amendment to the Constitution an interest in the education and training of referenda, plebiscites, or other similar ballot the young people of the United States, to of the United States relating to con- measures; and adopt the elements of character as intrinsic tributions and expenditures intended ‘‘(2) campaigns for nomination for election to the well-being of individuals, commu- to affect elections; to the Committee to, or for election to, State or local office. nities, and society; on the Judiciary. ‘‘SECTION 3. Congress shall have power to Whereas many schools in the United States Mr. HARKIN. Mr. President, today I implement and enforce this article by appro- recognize the need, and have taken steps, to priate legislation.’’. am proud to join Senators SCHUMER, integrate the values of their communities SPECTER and COCHRAN in introducing a f into their teaching activities; and Whereas the establishment of National constitutional amendment to overturn SUBMITTED RESOLUTIONS the 1976 Supreme Court decision in the Character Counts Week, during which individuals, families, schools, youth organiza- case of Buckley v. Valeo and restore tions, religious institutions, civic groups, Congress’s power to regulate campaign SENATE RESOLUTION 351—DESIG- and other organizations focus on character finances. NATING THE WEEK BEGINNING education, is of great benefit to the United This constitutional amendment is a OCTOBER 21, 2007, AS ‘‘NATIONAL States: Now, therefore, be it Resolved, That the Senate— necessary first step in restoring con- CHARACTER COUNTS WEEK’’ fidence in our system of government. (1) designates the week beginning October The Court’s decision in Buckley, which Mr. DOMENICI (for himself, Mr. 21, 2007, as ‘‘National Character Counts equated money with speech, was fun- DODD, Mr. ALEXANDER, Mr. LIEBERMAN, Week’’; and Mr. STEVENS, Mr. ROCKEFELLER, Mr. (2) calls upon the people of the United damentally flawed. Unfortunately, States and interested groups— COCHRAN, Mr. DURBIN, Ms. MURKOWSKI, since that decision, our democracy has (A) to embrace the elements of character been perverted. Costs of elections have Mr. BIDEN, Mr. ENZI, Mr. PRYOR, and identified by local schools and communities, spiraled out of control, office seekers Ms. STABENOW) submitted the following such as trustworthiness, respect, responsi- are required to spend more time than resolution; which was considered and bility, fairness, caring, and citizenship; and ever raising money, and special inter- agreed to: (B) to observe the week with appropriate ests correspondingly have greater ac- S. RES. 351 ceremonies, programs, and activities. cess than ever before. As a result, the Whereas the well-being of the United f integrity of our democracy continues States requires that the young people of the SENATE RESOLUTION 352—EX- to wane. United States become an involved, caring PRESSING THE SENSE OF THE citizenry with good character; Make no mistake, I am extremely re- SENATE REGARDING THE 20TH luctant to amend the Constitution. Whereas the character education of children has become more urgent as violence by ANNIVERSARY OF UNITED Amending the Constitution rightly is and against youth increasingly threatens the STATES-MONGOLIA RELATIONS an extraordinary step that has seldom physical and psychological well-being of the Ms. MURKOWSKI (for herself, Mr. been done in our history. But, when it people of the United States; LUGAR, and Mr. BIDEN) submitted the has been truly needed, we have done so. Whereas more than ever, children need following resolution; which was consid- Reluctantly, I have reached the conclu- strong and constructive guidance from their ered and agreed to: sion that it is needed now. Without families and their communities, including S. RES. 352 this amendment, our nation is simply schools, youth organizations, religious insti- too limited in its ability to deal with tutions, and civic groups; Whereas the United States established dip- Whereas the character of a nation is only lomatic relations with the Government of corruption and to restore confidence in as strong as the character of its individual Mongolia in January 1987 and established its our electoral system. The integrity of citizens; first embassy in Ulaanbaatar in June 1988; our democratic system not only deems Whereas the public good is advanced when Whereas the United States and Mongolia it appropriate for us to approve a con- young people are taught the importance of are both fully democratic states committed stitutional amendment, it requires it. good character and the positive effects that to the rule of law; Until we have the ability to truly good character can have in personal relation- Whereas, in 1991, the United States estab- create a system of campaign finance, ships, in school, and in the workplace; lished normal trade relations with Mongolia we will continue to have an escalation Whereas scholars and educators agree that and began a Peace Corps program that now of spending on campaigns, and an esca- people do not automatically develop good boasts approximately 100 volunteers; character and that, therefore, conscientious Whereas the United States has a continued lation of continued distrust by the efforts must be made by institutions and in- commitment to Mongolia’s economic and po- American people in their political sys- dividuals that influence youth to help young litical development and has contributed over tem. This amendment is a necessary people develop the essential traits and char- $150,000,000 in aid for that purpose since 1991; first step and I encourage my col- acteristics that comprise good character; Whereas the United States has supported leagues to support this vital measure. Whereas, although character development Mongolia’s participation in the Inter- Mr. President, I ask unanimous con- is, first and foremost, an obligation of fami- national Monetary Fund, the World Bank, sent that the text of the joint resolu- lies, the efforts of faith communities, and the Asian Development Bank; tion be printed in the RECORD. schools, and youth, civic, and human service Whereas the United States and Mongolia There being no objection, the text of organizations also play an important role in strengthened their trade relationship fostering and promoting good character; through the signing of a Trade and Invest- the joint resolution was ordered to be Whereas Congress encourages students, ment Framework Agreement in 2004 to boost placed in the RECORD, as follows: teachers, parents, youth, and community bilateral commercial ties and resolve trade S. J. RES. 21 leaders to recognize the importance of char- disputes; Resolved by the Senate and House of Rep- acter education in preparing young people to Whereas Mongolia continues to work with resentatives of the United States of America in play a role in determining the future of the the United States to combat global ter- Congress assembled (two-thirds of each House United States; rorism and, since April 2003, has contributed concurring therein), That the following article Whereas effective character education is engineers, troops, and medical personnel to is proposed as an amendment to the Con- based on core ethical values, which form the Operation Iraqi Freedom and has partici- stitution of the United States, which shall be foundation of democratic society; pated in training National Army artillery valid to all intents and purposes as part of Whereas examples of character are trust- units in Afghanistan; the Constitution when ratified by the legis- worthiness, respect, responsibility, fairness, Whereas Mongolia has demonstrated an ex- latures of three-fourths of the several States caring, citizenship, and honesty; panding desire to join the United States in

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13100 CONGRESSIONAL RECORD — SENATE October 18, 2007 global peacekeeping activities by sending a were the first coalition country to con- Whereas the democratically-elected Gov- contingent of 250 soldiers to protect the Spe- tribute an infantry battalion to Iraq. ernment of Lebanon has been under steady cial Court for Sierra Leone, a platoon to par- Mongolia’s contributions mean a bit attack by domestic and foreign elements and ticipate in the North Atlantic Treaty Orga- more to the State of Alaska. Since forces that have been instigating civil un- nization (NATO) mission in Kosovo, and per- 2003, we have partnered with Mongolia rest, disrupting the operation of the cabinet sonnel to serve as United Nations observers through the Alaska-Mongolia National and Parliament, and perpetrating acts of ter- in Sudan, Ethiopia, and Eritrea; ror against the people of Lebanon; Guard Partnership. Our National Guard Whereas the United States and Mongolia Whereas United Nations Security Council share an interest in promoting peaceful co- has established broad working relation- Resolution 1701, adopted on August 11, 2006, operation in south central Asia; and ships and increased exchanges with reiterated ‘‘strong support for the territorial Whereas Mongolia was named eligible for their Mongolian partners. They stand integrity, sovereignty, and political inde- Millennium Challenge Compact assistance side by side with the Mongolian Armed pendence of Lebanon within its internation- on May 6, 2004, submitted its official pro- Forces in Iraq—in fact, the Mongolian ally recognized borders’’, and called on posal on October 13, 2005, and had its pro- Ministry of Defense specifically re- states to ‘‘take the necessary measures to posal approved by the Millennium Challenge quested Alaska National Guard support prevent . . . the sale or supply to any entity Corporation on September 12, 2007: Now, based on Alaska’s relationship with or individual in Lebanon of arms and related therefore, be it materiel of all types’’; Resolved, That it is the sense of the Senate their nation. Whereas President Lahoud has threatened that— The success that the partnership has (1) the strength and endurance of the part- enjoyed is a direct reflection of the to create an unconstitutional rival cabinet nership between the United States and Mon- willingness and eagerness on both sides and hand over power to it if the opposition is not satisfied with the results of the constitu- golia should be acknowledged and cele- to further our relations. The Alaska brated; tional electoral process; National Guard tells me that Mongolia Whereas the Governments of Syria and (2) the United States should encourage is enthusiastic about their democratic continued economic cooperation with Mon- Iran, in clear contravention of numerous golia, including in areas such as mining, con- reforms and is aggressively working to United Nations Security Council resolutions, struction, information technology, tourism, meet its goals. have violated Lebanon’s sovereignty by pro- and meat processing, to the betterment of So with 2007 being the 20th Anniver- viding arms to illegitimate militias in Leb- both our economies; sary of U.S.-Mongolia relations, I am anon and to other terrorist organizations; (3) the United States should continue to proud to introduce this resolution Whereas the armed forces of Lebanon are work with the International Monetary Fund, marking our ties and the significant protecting Lebanon and its people from ter- the World Bank, and the Asian Development progress that has been achieved be- rorist organizations like Fatah al Islam; Bank to improve Mongolia’s economic sys- tween our two countries in that short Whereas United Nations Security Council Resolution 1757 established a Special Tri- tem; time frame. I look forward to what the (4) the United States should provide Mon- bunal for Lebanon, to be convened outside of golia assistance under the Millennium Chal- next 20 years will bring. Lebanon, to try those accused of the assas- lenge Compact and work to finalize the com- f sination of former Prime Minister of Leb- pact in a timely fashion; and SENATE RESOLUTION 353—EX- anon Rafiq Hariri and others; and (5) the United States should encourage PRESSING THE SENSE OF THE Whereas a sovereign, democratic, and pros- greater academic and cultural exchanges perous Lebanon is in the national security with Mongolia. SENATE REGARDING THE IMPOR- interest of the United States: Now, there- Ms. MURKOWSKI. Mr. President, TANCE OF A SOVEREIGN, DEMO- fore, be it CRATIC, AND PROSPEROUS LEB- Mongolia has made incredible strides Resolved, That the Senate— ANON AND THE NEED FOR FREE to improve its relationship with the (1) calls for free and fair presidential elec- United States since 1987. Following the AND FAIR PRESIDENTIAL ELEC- tions in Lebanon, conducted according to the downfall of communism in that nation, TIONS IN LEBANON WITHOUT IN- constitution of Lebanon and free from for- our ties have grown exponentially. TIMIDATION OR FOREIGN INTER- eign interference and influence or the use of Mongolia has worked hard in the past FERENCE intimidation tactics; two decades to create a robust and Mr. SUNUNU (for himself, Mr. (2) supports ongoing efforts by leaders in strong democracy and the United KERRY, Mr. LUGAR, Mr. BIDEN, Mr. Lebanon to reach agreement on a presidential candidate committed to upholding States has been a partner in that effort COLEMAN, Mr. DODD, Mr. HAGEL, Mr. Lebanon’s sovereignty and independence; from its inception. KENNEDY, Mr. MARTINEZ, Ms. SNOWE, Although it lies on the other side of (3) condemns the Governments of Syria Mr. SMITH, Mr. BOND, Mr. MENENDEZ, and Iran for their undue material inter- the globe and sits between Russia and Mr. COBURN, Mr. LEVIN, Mr. VOINOVICH, China, Mongolia has long sought close ference in the internal political affairs of Mrs. FEINSTEIN, and Ms. STABENOW) Lebanon, including in the election of a new ties with the United States, with some submitted the following resolution; president, and for their repeated violations even referring to the United States as which was considered and agreed to: of the sovereignty and independence of Leb- its ‘‘Third Neighbor.’’ S. RES. 353 anon, and calls on the Governments of Syria On the economic front, the United Whereas, in 2004, the term of the current and Iran to comply with United Nations Se- States-Mongolian relationship is dy- ´ curity Council Resolution 1701, particularly namic and growing with over one hun- President of Lebanon, Emile Lahoud, was extended through the interference of the Gov- with respect to preventing unauthorized dred U.S. and U.S.-Mongolian joint ernment of Syria in the internal affairs of shipment of arms into Lebanon; ventures registered in areas ranging the Government of Lebanon; (4) affirms its strong support for the armed from oil exploration, textiles, animal Whereas United Nations Security Council forces of Lebanon as they work to secure husbandry, tourism, mining, and bank- Resolution 1559, adopted on September 2, Lebanon against terrorists and illegal armed ing. The United States is also one of 2004, called for free and fair presidential elec- militias, and conveys its readiness to provide Mongolia’s largest sources of foreign tions in Lebanon conducted in accordance support to assist in these ends; investment. with the constitution of Lebanon and with- (5) urges the Secretary of State to continue efforts in support of a Special Tribunal While a large recipient of foreign aid, out foreign interference and influence; for Lebanon to end impunity for political as- Mongolia still commits itself to giving Whereas such a presidential election has not yet occurred; sassinations, including assisting in efforts to back to the global community through Whereas the Parliament of Lebanon is pre- convene the Special Tribunal as soon as pos- its significant peacekeeping efforts in paring to elect a new president of Lebanon sible, affirms its readiness to continue to Africa and Eastern Europe, with per- before the November 24, 2007, conclusion of provide material support to this cause, and sonnel in Sierra Leone and Kosovo. the mandate of the current President; calls on all countries to make timely and Mongolia is also a strong partner in Whereas the Governments of Syria and generous contributions to this end; and the War on Terror. Mongolia has con- Iran, through their proxies in Lebanon, have (6) urges the President to use all peaceful tributed engineers, troops, and medical sought undue influence over the election of means at the disposal of the United States to personnel to Operation Iraqi Freedom the next president of Lebanon; help promote an independent, democratic, and prosperous Lebanon, including increased and has participated in training Na- Whereas the preparation for these elections has thus far been characterized by vio- diplomatic coordination with key partners in tional Army artillery units in Afghani- lence and intimidation tactics, and on Sep- Europe and the Middle East, and supports ef- stan. Prior to 2000, Mongolia did not tember 19, 2007, Member of the Parliament of forts by the United States to provide ongo- have a national policy of deploying Lebanon Antoine Ghanem became the 8th ing and substantial assistance for recon- forces beyond its borders. Yet they Lebanese leader to be assassinated since 2005; struction efforts in Lebanon.

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13101 SENATE CONCURRENT RESOLU- gratulates and commends the men and SA 3351. Mr. SMITH (for himself and Mrs. TION 50—COMMENDING NASA women of NASA Langley Research Center LINCOLN) submitted an amendment intended LANGLEY RESEARCH CENTER IN for their accomplishments and role in inspir- to be proposed by him to the bill H.R. 3043, VIRGINIA ON THE CELEBRATION ing the American people. supra; which was ordered to lie on the table. SA 3352. Mr. ENSIGN (for himself, Mr. SES- f OF ITS 90TH ANNIVERSARY ON SIONS, and Mr. BARRASSO) submitted an OCTOBER 26 AND 27, 2007 SENATE CONCURRENT RESOLU- amendment intended to be proposed to Mr. WARNER (for himself and Mr. TION 51—SUPPORTING ‘‘LIGHTS amendment SA 3325 proposed by Mr. HARKIN (for himself and Mr. SPECTER) to the bill WEBB) submitted the following concur- ON AFTERSCHOOL!’’, A NA- H.R. 3043, supra. rent resolution; which was referred to TIONAL CELEBRATION OF AFTER SA 3353. Mr. FEINGOLD (for himself and the Committee on Commerce, Science, SCHOOL PROGRAMS Ms. COLLINS) submitted an amendment in- and Transportation: Mr. DODD (for himself, Mr. ENSIGN, tended to be proposed by him to the bill H.R. S. CON. RES. 50 Mr. AKAKA, Mr. BAUCUS, Mr. BIDEN, 3043, supra; which was ordered to lie on the table. Whereas, in 1917, the Nation’s first civilian Mrs. BOXER, Mr. BURR, Mr. CASEY, Mrs. aeronautical research laboratory was estab- SA 3354. Mr. FEINGOLD (for himself, Mr. CLINTON, Mr. COCHRAN, Ms. COLLINS, GRAHAM, Mr. BINGAMAN, and Mr. VOINOVICH) lished by the National Advisory Committee Mr. CORNYN, Mr. DURBIN, Mr. FEIN- for Aeronautics in Virginia, and named submitted an amendment intended to be pro- GOLD, Mrs. FEINSTEIN, Mr. KENNEDY, Langley Memorial Aeronautical Laboratory; posed by him to the bill H.R. 3043, supra; Whereas such laboratory, now called the Mr. KOHL, Ms. LANDRIEU, Mr. LAUTEN- which was ordered to lie on the table. SA 3355. Mr. SALAZAR (for himself, Mr. National Aeronautics and Space Administra- BERG, Mr. LEAHY, Mr. LIEBERMAN, Mrs. LEVIN, Ms. STABENOW, Mr. CASEY, Mr. LIE- tion (NASA) Langley Research Center, is one LINCOLN, Mr. MARTINEZ, Mr. MENENDEZ, BERMAN, and Mr. BAYH) submitted an amend- of the Nation’s most prolific and most hon- Ms. MIKULSKI, Ms. MURKOWSKI, Mrs. ment intended to be proposed to amendment ored aerospace laboratories with a rich his- MURRAY, Mr. NELSON of Nebraska, Mr. SA 3325 proposed by Mr. HARKIN (for himself tory of pioneering aviation breakthroughs, SPECTER, Mr. INOUYE, Ms. STABENOW, and Mr. SPECTER) to the bill H.R. 3043, supra. exploring the universe, and conducting Mr. WHITEHOUSE, Mr. PRYOR, and Mr. SA 3356. Mr. KYL submitted an amend- ground breaking climate research; CARPER) submitted the following con- ment intended to be proposed to amendment Whereas NASA Langley Research Center SA 3325 proposed by Mr. HARKIN (for himself helped give birth to the space age by, among current resolution; which was consid- and Mr. SPECTER) to the bill H.R. 3043, supra. other accomplishments, conceiving and man- ered and agreed to: SA 3357. Mr. ROBERTS submitted an aging Project Mercury, the first United S. CON. RES. 51 amendment intended to be proposed by him States manned space program, training the Whereas high quality after school pro- to the bill H.R. 3043, supra; which was or- original 7 astronauts, proving the feasability grams provide safe, challenging, engaging, dered to lie on the table. of the lunar orbiter rendezvous, developing and fun learning experiences to help children SA 3358. Mr. COBURN (for himself and Mr. the lunar excursion module concept and re- and youth develop their social, emotional, BURR) submitted an amendment intended to search facilities for simulating landing on physical, cultural, and academic skills; be proposed by him to the bill H.R. 3043, the Moon, and successfully sending the first Whereas high quality after school pro- supra; which was ordered to lie on the table. Viking landers and orbiters to Mars; grams support working families by ensuring SA 3359. Mr. LIEBERMAN (for himself and Whereas NASA Langley Research Center is that the children in such families are safe Mr. DODD) submitted an amendment in- one of the leading aerospace research labora- and productive after the regular school day tended to be proposed by him to the bill H.R. tories in the world and has consistently been ends; 3043, supra; which was ordered to lie on the a source of technology that has made aero- Whereas high quality after school pro- table. space a major factor in commerce and na- grams build stronger communities by involv- SA 3360. Mr. REED submitted an amend- tional defense; ing the Nation’s students, parents, business ment intended to be proposed to amendment Whereas NASA Langley Research Center leaders, and adult volunteers in the lives of SA 3325 proposed by Mr. HARKIN (for himself aeronautics research has benefitted the the Nation’s youth, thereby promoting posi- and Mr. SPECTER) to the bill H.R. 3043, supra. United States military tremendously tive relationships among children, youth, SA 3361. Mr. BROWN (for himself and Mr. through the application of new technologies families, and adults; WEBB) submitted an amendment intended to to the Nation’s military, commercial, and Whereas high quality after school pro- be proposed by him to the bill H.R. 3043, experimental aircraft; grams engage families, schools, and diverse supra; which was ordered to lie on the table. Whereas NASA Langley Research Center community partners in advancing the well- SA 3362. Mr. BYRD (for himself, Mr. SPEC- continues to make significant innovative being of the Nation’s children; TER, Mr. HARKIN, Mr. MCCONNELL, Mr. WEBB, contributions to aviation safety, efficient Whereas ‘‘Lights On Afterschool!’’, a na- Mr. ROCKEFELLER, and Mr. DURBIN) proposed performance, and revolutionary vehicle de- tional celebration of after school programs an amendment to amendment SA 3325 pro- signs for flight in all atmospheres, including held on October 18, 2007, promotes the crit- posed by Mr. HARKIN (for himself and Mr. developing key technologies for the next ical importance of high quality after school SPECTER) to the bill H.R. 3043, supra. generation of air transportation systems; programs in the lives of children, their fami- SA 3363. Mr. BROWNBACK submitted an Whereas NASA Langley Research Center lies, and their communities; amendment intended to be proposed to has contributed through its research over Whereas more than 28,000,000 children in amendment SA 3325 proposed by Mr. HARKIN the past several decades critical technologies the United States have parents who work (for himself and Mr. SPECTER) to the bill to the United States aviation industry, outside the home and 14,300,000 children in H.R. 3043, supra; which was ordered to lie on which is a vital sector of the economy that the United States have no place to go after the table. employs over 2,000,000 Americans and com- school; and SA 3364. Mr. COLEMAN submitted an prises roughly 9 percent of the country’s Whereas many after school programs amendment intended to be proposed to gross national product; across the United States are struggling to amendment SA 3325 proposed by Mr. HARKIN Whereas NASA Langley Research Center keep their doors open and their lights on: (for himself and Mr. SPECTER) to the bill continues to provide critical research and Now, therefore, be it H.R. 3043, supra; which was ordered to lie on development that advances the Nation’s fu- Resolved by the Senate (the House of Rep- the table. ture in space exploration, scientific dis- resentatives concurring), That Congress sup- SA 3365. Mr. ROBERTS (for himself and covery, systems analysis, and aeronautics reports the goals and ideals of ‘‘Lights On Mr. COLEMAN) submitted an amendment in- search while generating $2,300,000,000 in rev- Afterschool!’’ a national celebration of after tended to be proposed to amendment SA 3325 enue and 21,000 high-tech jobs for the United school programs. proposed by Mr. HARKIN (for himself and Mr. States economy; SPECTER) to the bill H.R. 3043, supra. Whereas NASA Langley Research Center is f SA 3366. Mr. BURR (for himself and Mr. known for unparalleled technology transfer AMENDMENTS SUBMITTED AND GREGG) submitted an amendment intended to both aerospace and non-aerospace busi- PROPOSED to be proposed to amendment SA 3325 pro- nesses, and for its commitment to inspiring posed by Mr. HARKIN (for himself and Mr. the next generation of explorers, both of SA 3350. Mr. LAUTENBERG (for himself SPECTER) to the bill H.R. 3043, supra; which which have enormous benefit to the public and Ms. SNOWE) submitted an amendment in- was ordered to lie on the table. and the national economy; and tended to be proposed to amendment SA 3325 SA 3367. Mr. SMITH (for himself and Mr. Whereas NASA Langley Research Center proposed by Mr. HARKIN (for himself and Mr. CASEY) submitted an amendment intended to celebrates its 90th anniversary on October 26 SPECTER) to the bill H.R. 3043, making appro- be proposed to amendment SA 3325 proposed and 27, 2007, and continues pioneering the priations for the Departments of Labor, by Mr. HARKIN (for himself and Mr. SPECTER) next frontier in aeronautics and space: Now, Health and Human Services, and Education, to the bill H.R. 3043, supra; which was or- therefore, be it and related agencies for the fiscal year end- dered to lie on the table. Resolved by the Senate (the House of Rep- ing September 30, 2008, and for other pur- SA 3368. Mr. HARKIN (for himself, Mr. resentatives concurring), That Congress con- poses. KENNEDY, Mr. SPECTER, Ms. SNOWE, Mr.

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13102 CONGRESSIONAL RECORD — SENATE October 18, 2007 ROCKEFELLER, and Mr. DURBIN) proposed an to the bill H.R. 3043, supra; which was or- tions for the Departments of Labor, amendment to amendment SA 3325 proposed dered to lie on the table. Health and Human Services, and Edu- by Mr. HARKIN (for himself and Mr. SPECTER) SA 3386. Mr. DEMINT submitted an amend- cation, and related agencies for the fis- to the bill H.R. 3043, supra. ment intended to be proposed by him to the cal year ending September 30, 2008, and SA 3369. Mr. ALLARD submitted an bill H.R. 3043, supra; which was ordered to lie amendment intended to be proposed to on the table. for other purposes; as follows: amendment SA 3325 proposed by Mr. HARKIN SA 3387. Mr. DEMINT submitted an amend- At the appropriate place, insert the fol- (for himself and Mr. SPECTER) to the bill ment intended to be proposed by him to the lowing: H.R. 3043, supra. bill H.R. 3043, supra; which was ordered to lie SEC. ll. None of the funds made available SA 3370. Mr. KERRY submitted an amend- on the table. in this Act may be used to provide abstinence education that includes information ment intended to be proposed to amendment SA 3388. Mr. DEMINT submitted an amend- that is medically inaccurate. For purposes of SA 3325 proposed by Mr. HARKIN (for himself ment intended to be proposed by him to the this section, the term ‘‘medically inac- and Mr. SPECTER) to the bill H.R. 3043, supra; bill H.R. 3043, supra; which was ordered to lie curate’’ means information that is unsup- which was ordered to lie on the table. on the table. ported or contradicted by peer-reviewed re- SA 3371. Ms. CANTWELL submitted an SA 3389. Mr. DEMINT submitted an amend- search by leading medical, psychological, amendment intended to be proposed to ment intended to be proposed by him to the psychiatric, and public health publications, amendment SA 3325 proposed by Mr. HARKIN bill H.R. 3043, supra; which was ordered to lie organizations and agencies. (for himself and Mr. SPECTER) to the bill on the table. H.R. 3043, supra; which was ordered to lie on SA 3390. Mrs. MCCASKILL (for herself and SA 3351. Mr. SMITH (for himself and the table. Mr. BROWN) submitted an amendment in- Mrs. LINCOLN) submitted an amend- SA 3372. Ms. LANDRIEU submitted an tended to be proposed by her to the bill H.R. amendment intended to be proposed to 3043, supra; which was ordered to lie on the ment intended to be proposed by him amendment SA 3325 proposed by Mr. HARKIN table. to the bill H.R. 3043, making appropria- (for himself and Mr. SPECTER) to the bill SA 3391. Mr. CHAMBLISS (for himself and tions for the Departments of Labor, H.R. 3043, supra; which was ordered to lie on Mr. ISAKSON) submitted an amendment in- Health and Human Services, and Edu- the table. tended to be proposed by him to the bill H.R. cation, and related agencies for the fis- SA 3373. Mr. SESSIONS (for himself, Mr. 3043, supra; which was ordered to lie on the cal year ending September 30, 2008, and HATCH, Mr. INHOFE, Mr. ISAKSON, Mr. ROB- table. for other purposes; which was ordered ERTS, Mr. VITTER, Mrs. DOLE, Mr. MARTINEZ, SA 3392. Mr. BROWNBACK submitted an to lie on the table; as follows: Mr. ALEXANDER, Mr. CORNYN, Mr. ENZI, and amendment intended to be proposed by him At the end of title II, add the following: Mr. GRAHAM) proposed an amendment to to the bill H.R. 3043, supra; which was or- EC amendment SA 3325 proposed by Mr. HARKIN S . ll. In addition to amounts otherwise dered to lie on the table. made available under this Act, and notwith- (for himself and Mr. SPECTER) to the bill SA 3393. Mr. BINGAMAN submitted an standing any other provision of this Act, in- H.R. 3043, supra. amendment intended to be proposed by him SA 3374. Ms. COLLINS (for herself, Mr. cluding the amounts provided under the to the bill H.R. 3043, supra; which was or- AGING SERVICES PROGRAMS FEINGOLD, Mr. BINGAMAN, Mr. CARDIN, and heading ‘‘ ’’ under dered to lie on the table. the heading ‘‘ADMINISTRATION ON AGING’’ in Ms. SNOWE) submitted an amendment in- SA 3394. Mr. WARNER (for himself and tended to be proposed to amendment SA 3325 this title, the Secretary of Health and Mrs. CLINTON) submitted an amendment in- Human Services shall transfer, from funds proposed by Mr. HARKIN (for himself and Mr. tended to be proposed by him to the bill H.R. that were appropriated to the Secretary SPECTER) to the bill H.R. 3043, supra; which 3043, supra; which was ordered to lie on the under any provision of Federal law for a fis- was ordered to lie on the table. table. SA 3375. Mr. ALEXANDER (for himself and cal year prior to fiscal year 2008 and that re- SA 3395. Mr. HARKIN (for Mr. REID) pro- main unobligated— Mr. BINGAMAN) submitted an amendment in- posed an amendment to amendment SA 3325 tended to be proposed to amendment SA 3325 (1) $18,371,178 to carry out part B of title III proposed by Mr. HARKIN (for himself and Mr. of the Older Americans Act of 1965 (42 U.S.C. proposed by Mr. HARKIN (for himself and Mr. SPECTER) to the bill H.R. 3043, supra. 3030d) for fiscal year 2008 (for supportive SPECTER) to the bill H.R. 3043, supra. SA 3396. Mr. GRASSLEY submitted an services and senior centers to allow area SA 3376. Mr. SMITH submitted an amend- amendment intended to be proposed by him ment intended to be proposed to amendment agencies on aging to account for projected to the bill H.R. 3043, supra; which was or- growth in the population of older individ- SA 3325 proposed by Mr. HARKIN (for himself dered to lie on the table. and Mr. SPECTER) to the bill H.R. 3043, supra; uals, and inflation); SA 3397. Mr. LAUTENBERG submitted an (2) $11,744,480 to carry out part C of title III which was ordered to lie on the table. amendment intended to be proposed by him SA 3377. Ms. CANTWELL submitted an of such Act (42 U.S.C. 3030d–21 et seq.) for fis- to the bill H.R. 3043, supra; which was or- amendment intended to be proposed to cal year 2008 (for congregate and home-deliv- dered to lie on the table. amendment SA 3325 proposed by Mr. HARKIN ered nutrition services to help account for SA 3398. Mr. KERRY submitted an amend- (for himself and Mr. SPECTER) to the bill increased gas and food costs); and ment intended to be proposed by him to the H.R. 3043, supra; which was ordered to lie on (3) $10,333,000 to carry out part E of title III bill H.R. 3043, supra; which was ordered to lie the table. of such Act (42 U.S.C. 3030s et seq.) for fiscal on the table. SA 3378. Mr. TESTER submitted an amend- year 2008 (for the National Family Caregiver SA 3399. Mr. COBURN submitted an ment intended to be proposed by him to the Support Program to fund the program at the amendment intended to be proposed by him bill H.R. 3043, supra; which was ordered to lie level authorized for that program under that to the bill H.R. 3043, supra; which was or- on the table. Act (42 U.S.C. 3001 et seq.)). dered to lie on the table. SA 3379. Mr. CORNYN submitted an SA 3400. Mr. CARDIN (for himself and Mr. amendment intended to be proposed by him SA 3352. Mr. ENSIGN (for himself, SMITH) submitted an amendment intended to to the bill H.R. 3043, supra; which was or- Mr. SESSIONS, and Mr. BARRASSO) sub- be proposed by him to the bill H.R. 3043, dered to lie on the table. mitted an amendment intended to be supra; which was ordered to lie on the table. SA 3380. Mr. CORNYN submitted an proposed to amendment SA 3325 pro- SA 3401. Mr. CARDIN submitted an amend- amendment intended to be proposed by him ment intended to be proposed by him to the posed by Mr. HARKIN (for himself and to the bill H.R. 3043, supra; which was or- bill H.R. 3043, supra; which was ordered to lie Mr. SPECTER) to the bill H.R. 3043, dered to lie on the table. making appropriations for the Depart- SA 3381. Mr. CORNYN (for himself, Mr. on the table. SA 3402. Ms. LANDRIEU proposed an ments of Labor, Health and Human VOINOVICH, and Mr. CHAMBLISS) submitted an amendment intended to be proposed by him amendment to amendment SA 3325 proposed Services, and Education, and related to the bill H.R. 3043, supra; which was or- by Mr. HARKIN (for himself and Mr. SPECTER) agencies for the fiscal year ending Sep- dered to lie on the table. to the bill H.R. 3043, supra. tember 30, 2008, and for other purposes; SA 3382. Mr. CORNYN submitted an SA 3403. Mrs. FEINSTEIN submitted an as follows: amendment intended to be proposed by her amendment intended to be proposed by him At the appropriate place, insert the fol- to the bill H.R. 3043, supra; which was or- to the bill H.R. 3043, supra; which was or- lowing: dered to lie on the table. dered to lie on the table. SEC. ll. None of the funds appropriated in SA 3383. Mr. CORNYN submitted an f this Act shall be expended or obligated by amendment intended to be proposed by him the Commissioner of Social Security, for to the bill H.R. 3043, supra; which was or- TEXT OF AMENDMENTS purposes of administering Social Security dered to lie on the table. SA 3350. Mr. LAUTENBERG (for him- benefit payments under title II of the Social SA 3384. Mr. CORNYN submitted an Security Act, to process claims for credit for self and Ms. SNOWE) submitted an amendment intended to be proposed by him quarters of coverage based on work per- to the bill H.R. 3043, supra; which was or- amendment intended to be proposed to formed under a social security account num- dered to lie on the table. amendment SA 3325 proposed by Mr. ber that was not the claimant’s number SA 3385. Mr. CORNYN submitted an HARKIN (for himself and Mr. SPECTER) which is an offense prohibited under section amendment intended to be proposed by him to the bill H.R. 3043, making appropria- 208 of the Social Security Act (42 U.S.C. 408).

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Mr. FEINGOLD (for himself Mr. SPECTER) to the bill H.R. 3043, Labor, Health and Human Services, and Ms. COLLINS) submitted an amend- making appropriations for the Depart- and Education, and related agencies for ment intended to be proposed by him ments of Labor, Health and Human the fiscal year ending September 30, to the bill H.R. 3043, making appropria- Services, and Education, and related 2008, and for other purposes; which was tions for the Departments of Labor, agencies for the fiscal year ending Sep- ordered to lie on the table; as follows: Health and Human Services, and Edu- tember 30, 2008, and for other purposes; At the appropriate place, insert the fol- cation, and related agencies for the fis- as follows: lowing: cal year ending September 30, 2008, and On page 88, line 16, strike the period and SEC. ll. None of the funds appropriated for other purposes; which was ordered insert ‘‘: Provided further, That $8,400,000 or otherwise made available in this Act or to lie on the table; as follows: shall be used to carry out the Traumatic any other Act making appropriations to the Brain Injury (TBI) Model Systems of Care agencies funded by this Act may be used to At the appropriate place in title II, insert close or otherwise cease to operate the field the following: Program and to sustain at least 16 TBI Model Systems Centers.’’. office of the Social Security Administration SEC. ll. Of the funds made available in located in Bristol, Connecticut. this Act for subtitle B of title IV of the Car- diac Arrest Survival Act of 2000 (Public Law SA 3356. Mr. KYL submitted an amendment intended to be proposed to SA 3360. Mr. REED submitted an 106–505), $200,000 shall be used to carry out amendment intended to be proposed to section 312(c)(6) of the Public Health Service amendment SA 3325 proposed by Mr. Act. HARKIN (for himself and Mr. SPECTER) amendment SA 3325 proposed by Mr. to the bill H.R. 3043, making appropria- HARKIN (for himself and Mr. SPECTER) SA 3354. Mr. FEINGOLD (for himself, tions for the Departments of Labor, to the bill H.R. 3043, making appropria- Mr. GRAHAM, Mr. BINGAMAN, and Mr. Health and Human Services, and Edu- tions for the Departments of Labor, VOINOVICH) submitted an amendment cation, and related agencies for the fis- Health and Human Services, and Edu- intended to be proposed by him to the cal year ending September 30, 2008, and cation, and related agencies for the fis- bill H.R. 3043, making appropriations for other purposes; as follows: cal year ending September 30, 2008, and for the Departments of Labor, Health On page 55, strike lines 19 through 23 and for other purposes; as follows: and Human Services, and Education, insert the following: ‘‘U.S.C. 8623(a)-(d)), On page 59, line 22, insert before the colon and related agencies for the fiscal year $2,161,170,000.’’. the following: ‘‘, of which $6,000,000 shall be ending September 30, 2008, and for made available to the Administrator of the other purposes; which was ordered to SA 3357. Mr. ROBERTS submitted an Health Resources and Services Administra- lie on the table; as follows: amendment intended to be proposed by tion to carry out trauma and emergency medical services programs’’. At the appropriate place, insert the fol- him to the bill H.R. 3043, making ap- lowing: propriations for the Departments of SA 3361. Mr. BROWN (for himself and SEC. ll. (a) Not later than November 30, Labor, Health and Human Services, Mr. WEBB) submitted an amendment 2008, the Comptroller General of the United and Education, and related agencies for intended to be proposed by him to the States shall submit to Congress a report con- the fiscal year ending September 30, cerning State health care reform initiatives. bill H.R. 3043, making appropriations 2008, and for other purposes; which was (b) The report required under subsection for the Departments of Labor, Health ordered to lie on the table; as follows: (a) shall include the following: and Human Services, and Education, (1) An assessment of State efforts to reex- At the appropriate place, insert the fol- and related agencies for the fiscal year amine health care delivery and health insur- lowing: ending September 30, 2008, and for ance systems and to expand the access of SEC. ll. SMALL BUSINESS CHILD CARE GRANT residents to health insurance and health care PROGRAM. other purposes; which was ordered to services, including the following: For carrying out the small business child lie on the table; as follows: (A) An overview of State approaches to re- care grant program under section 8303 of the At the appropriate place, insert the fol- examining health care delivery and insur- U.S. Troop Readiness, Veterans’ Care, lowing: ance. Katrina Recovery, and Iraq Accountability SEC. ll. (a) The Secretary of Education (B) A description of whether and to what Appropriations Act, 2007 (42 U.S.C. 9858 note) shall update the 2002 Department of Edu- extent State health care initiatives have re- $5,000,000, to remain available until ex- cation and United States Secret Service sulted in improved access to health care and pended. Each amount otherwise appropriated guidance entitled ‘‘Threat Assessment in insurance. in this Act for administrative costs shall be Schools: A Guide to Managing Threatening (C) A description of the extent to which reduced on a pro rata basis by the amount Situations and to Creating Safe School Cli- public and private cooperation has occurred necessary to provide the amount referred to mates’’ to reflect the recommendations con- in State health care initiatives. in the preceding sentence. tained in the report entitled ‘‘Report to the (D) A description of the outcomes of State President On Issues Raised by the Virginia insurance coverage mandates. SA 3358. Mr. COBURN (for himself Tech Tragedy’’, to include the need to pro- (E) A description of the effects of increased and Mr. BURR) submitted an amend- vide schools with guidance on how informa- health care costs on State fiscal choices. ment intended to be proposed by him tion can be shared legally under the regula- (F) A description of the effects of Federal to the bill H.R. 3043, making appropriations issued under section 264(c) of the law and funding on State health care initia- tions for the Departments of Labor, Health Insurance Portability and Account- tives and fiscal choices. Health and Human Services, and Edu- ability Act and the Family Educational (G) A description of outcomes of State ef- Rights and Privacy Act. forts to increase health care quality and con- cation, and related agencies for the fis- (b) Not later than 3 months after the date trol costs. cal year ending September 30, 2008, and of enactment of this Act, the Secretary of (2) Recommendations regarding the poten- for other purposes; which was ordered Education shall disseminate the updated tial role of Congress in supporting State- to lie on the table; as follows: guidance under subsection (a) to institutions based reform efforts, including the following: SEC.ll. (a) This section may be cited as of higher education and to State depart- (A) Enacting changes in Federal law that the ‘‘Children’s Health Care First Act of ments of education for distribution to all would facilitate State-based health reform 2007’’. local education agencies. and expansion efforts. (b) Notwithstanding any other provision of (B) Creating new or realigning existing this Act, none of the funds appropriated or SA 3362. Mr. BYRD (for himself, Mr. Federal funding mechanisms to support otherwise made available by this Act may be SPECTER, Mr. HARKIN, Mr. MCCONNELL, State-based reform and expansion efforts. used for any congressionally directed spend- Mr. WEBB, Mr. ROCKEFELLER, and Mr. (C) Expanding existing Federal health in- ing item, as defined by Sec. 521 of Public Law DURBIN) proposed an amendment to surance programs and increasing other 110–81, until the Secretary of the Department amendment SA 3325 proposed by Mr. sources of Federal health care funding to of Health and Human Services certifies that HARKIN (for himself and Mr. SPECTER) support State-based health reform and ex- all children in the U.S. under the age of 18 pansion efforts. years are insured by a private or public to the bill H.R. 3043, making appropria- health insurance plan. tions for the Departments of Labor, SA 3355. Mr. SALAZAR (for himself, Health and Human Services, and Edu- Mr. LEVIN, Ms. STABENOW, Mr. CASEY, SA 3359. Mr. LIEBERMAN (for him- cation, and related agencies for the fis- Mr. LIEBERMAN, and Mr. BAYH) sub- self and Mr. DODD) submitted an cal year ending September 30, 2008, and mitted an amendment intended to be amendment intended to be proposed by for other purposes; as follows: proposed to amendment SA 3325 pro- him to the bill H.R. 3043, making ap- At the appropriate place in title I, insert posed by Mr. HARKIN (for himself and propriations for the Departments of the following:

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H.R. 3043, making appropriations for cation, and related agencies for the fis- (b) Amounts made available under this Act the Departments of Labor, Health and cal year ending September 30, 2008, and for travel expenses for the Department of Human Services, and Education, and for other purposes; as follows: Labor, the Department of Health and Human related agencies for the fiscal year end- At the appropriate place, insert the fol- Services, and the Department of Education ing September 30, 2008, and for other lowing: shall be reduced on a pro rata basis by the purposes; which was ordered to lie on SEC. ll. Notwithstanding any other pro- percentage necessary to decrease the overall vision of this Act, the total amount appro- amount of such spending by $10,000,000. the table; as follows: On page 66, line 7, strike ‘‘$756,556,000’’ and priated by this Act for any program for SA 3363. Mr. BROWNBACK submitted insert ‘‘$786,556,000’’. which the most recent rating available on On page 66, line 10, strike the period and the date of enactment of this Act by the Of- an amendment intended to be proposed fice of Management and Budget through the to amendment SA 3325 proposed by Mr. insert ‘‘, and of which $189,000,000 shall be used to support advanced research and devel- Program Assessment Rating Tool (PART) is HARKIN (for himself and Mr. SPECTER) opment of medical countermeasures, con- ‘‘ineffective’’ shall be reduced by 10 percent. to the bill H.R. 3043, making appropria- sistent with section 319L of the Public Not later than 30 days after the date of en- tions for the Departments of Labor, Health Service Act.’’. actment of this Act, an amount equal to the Health and Human Services, and Edu- On page 79, between lines 4 and 5, insert aggregate amount of any such reduction cation, and related agencies for the fis- the following: shall be deposited in the account established cal year ending September 30, 2008, and SEC. ll. (a) Notwithstanding any other under section 3113(d) of title 31, United for other purposes; which was ordered provision of this Act, each account provided States Code, to reduce the public debt. by this Act containing a congressionally di- to lie on the table; as follows: rected spending item (as defined in rule SA 3370. Mr. KERRY submitted an On page 60, line 4, strike ‘‘$80,416,000’’ and XLIV of the Standing Rules of the Senate, as amendment intended to be proposed to insert ‘‘$110,000,000’’. added by the Honest Leadership and Open amendment SA 3325 proposed by Mr. On page 60, line 5, insert ‘‘(as defined by Government Act of 2007) is reduced by a pro HARKIN (for himself and Mr. SPECTER) section 510(b)(2) of the Social Security Act)’’ rata percentage required to raise the total after ‘‘education’’. amount provided by this Act for the Public to the bill H.R. 3043, making appropria- Health and Social Services Emergency Fund tions for the Departments of Labor, SA 3364. Mr. COLEMAN submitted an by $30,000,000. Health and Human Services, and Edu- amendment intended to be proposed to (b) Not later than 30 days after the date of cation, and related agencies for the fis- amendment SA 3325 proposed by Mr. enactment of this Act, the Director of the cal year ending September 30, 2008, and HARKIN (for himself and Mr. SPECTER) Office of Management and Budget shall sub- for other purposes; which was ordered to the bill H.R. 3043, making appropria- mit to the Committees on Appropriations of to lie on the table; as follows: the House of Representatives and the Senate tions for the Departments of Labor, a listing of the amounts by account of the At the appropriate place in title I, insert Health and Human Services, and Edu- reductions made pursuant to subsection (a). the following: cation, and related agencies for the fis- SEC. ll. To enable the National Institute cal year ending September 30, 2008, and SA 3367. Mr. SMITH (for himself and for Occupational Safety and Health to carry for other purposes; which was ordered Mr. CASEY) submitted an amendment out the Fire Fighter Fatality Investigation to lie on the table; as follows: intended to be proposed to amendment and Prevention Program, $5,000,000, which shall include any other amounts made avail- SA 3325 proposed by Mr. HARKIN (for At the appropriate place in title III, insert able under this Act for such Program. the following: himself and Mr. SPECTER) to the bill SEC. ll. Notwithstanding any other pro- H.R. 3043, making appropriations for SA 3371. Ms. CANTWELL submitted vision of this Act, $2,000,000 shall be avail- the Departments of Labor, Health and an amendment intended to be proposed able to carry out activities related to Na- Human Services, and Education, and to amendment SA 3325 proposed by Mr. tional History Day, in accordance with the related agencies for the fiscal year end- American History and Civics Education Act HARKIN (for himself and Mr. SPECTER) of 2004 (Public Law 108–474). Amounts appro- ing September 30, 2008, and for other to the bill H.R. 3043, making appropria- priated under this title for administrative purposes; which was ordered to lie on tions for the Departments of Labor, expenses shall be reduced on a pro rata basis the table; as follows: Health and Human Services, and Edu- by $2,000,000. At the end of title III, insert the following: cation, and related agencies for the fis- SEC. ll. Notwithstanding any other pro- cal year ending September 30, 2008, and SA 3365. Mr. ROBERTS (for himself vision of this Act, from the amounts appro- for other purposes; which was ordered and Mr. COLEMAN) submitted an priated for fiscal year 2007 for the Depart- amendment intended to be proposed to ment of Education that remain unobligated to lie on the table; as follows: amendment SA 3325 proposed by Mr. at the end of such fiscal year, there shall be On page 79, between lines 4 and 5, insert available $25,000,000, for State grants under the following: HARKIN (for himself and Mr. SPECTER) the Carl D. Perkins Career and Technical SEC. ll. In addition to other amounts ap- to the bill H.R. 3043, making appropria- Education Act of 2006 (Public Law 109–270). propriated in this title to carry out title VII tions for the Departments of Labor, of the Public Health Service Act, $2,000,000 Health and Human Services, and Edu- SA 3368. Mr. HARKIN (for himself, shall be made available to carry out allied cation, and related agencies for the fis- Mr. KENNEDY, Mr. SPECTER, Ms. SNOWE, health professional programs under section cal year ending September 30, 2008, and Mr. ROCKEFELLER, and Mr. DURBIN) 755 of such title VII, other than the Chiro- for other purposes; as follows: proposed an amendment to amendment practic-Medical School Demonstration Grant program, Graduate Psychology training pro- At the appropriate place, insert the fol- SA 3325 proposed by Mr. HARKIN (for grams, and podiatric physicians programs. lowing: himself and Mr. SPECTER) to the bill On page 62, line 9, strike ‘‘$399,386,000’’ and SEC. ll. SMALL BUSINESS CHILD CARE GRANT H.R. 3043, making appropriations for insert ‘‘$397,386,000’’. PROGRAM. the Departments of Labor, Health and For carrying out the small business child Human Services, and Education, and SA 3372. Ms. LANDRIEU submitted care grant program under section 8303 of the related agencies for the fiscal year end- U.S. Troop Readiness, Veterans’ Care, an amendment intended to be proposed Katrina Recovery, and Iraq Accountability ing September 30, 2008, and for other to amendment SA 3325 proposed by Mr. Appropriations Act, 2007 (42 U.S.C. 9858 note) purposes; as follows: HARKIN (for himself and Mr. SPECTER) $5,000,000, to remain available until ex- On page 50, line 5, insert before the period to the bill H.R. 3043, making appropria- pended. Each amount otherwise appropriated the following: ‘‘: Provided further, That tions for the Departments of Labor, in this Act for administrative expenses for $5,000,000 shall be for activities to reduce in- Health and Human Services, and Edu- the Department of Labor, Department of fections from methicillin-resistant staphylococcus aureus (MRSA) and related infec- cation, and related agencies for the fis- Health and Human Services, and Department cal year ending September 30, 2008, and of Education shall be reduced on a pro rata tions’’. basis by the amount necessary to provide the for other purposes; which was ordered amount referred to in the preceding sen- SA 3369. Mr. ALLARD submitted an to lie on the table; as follows: tence. amendment intended to be proposed to At the end of title III, insert the following:

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SEC. ll. EDUCATION DISASTER AND EMER- (h) DATE OF ELIGIBILITY; EXPENSES IN- $8,000,000 of the amounts appropriated under GENCY RELIEF LOAN PROGRAM. CURRED BEFORE DATE OF DISASTER.—Eligi- this heading shall be made available to carry (a) DEFINITIONS.— bility for a loan under this section shall out dental workforce programs under section (1) EMERGENCY.—The term ‘‘emergency’’ begin on the date of the occurrence of the 340G of the Public Health Service Act (42 has the meaning given the term in section event which results in a declaration by the U.S.C. 256g)’’. 102(1) of the Robert T. Stafford Disaster Re- President that a major disaster or emer- lief and Emergency Assistance Act (42 U.S.C. gency exists, except that reasonable ex- SA 3375. Mr. ALEXANDER (for him- 5122(1)). penses which are incurred in anticipation of self, Mr. BINGAMAN) submitted an (2) MAJOR DISASTER.—The term ‘‘major dis- and immediately preceding such event may amendment intended to be proposed to aster’’ has the meaning given the term in be covered by a loan under this section. amendment SA 3325 proposed by Mr. section 102(2) of the Robert T. Stafford Dis- (i) CONDITIONS OF LOAN.—A loan under this HARKIN (for himself and Mr. SPECTER) aster Relief and Emergency Assistance Act section— (42 U.S.C. 5122(2)). (1) shall be repaid over a period of time to the bill H.R. 3043, making appropria- (3) INSTITUTION OF HIGHER EDUCATION.—The that is not less than 30 years; and tions for the Departments of Labor, term ‘‘institution of higher education’’ has (2) shall bear interest at a rate which shall Health and Human Services, and Edu- the meaning given the term in section 102 of be not be more than 1 percent per annum. cation, and related agencies for the fis- the Higher Education Act of 1965 (20 U.S.C. (j) REGULATIONS.—Not later than 60 days cal year ending September 30, 2008, and 1002). after the date of enactment of this Act, the for other purposes; as follows: (4) SECRETARY.—The term ‘‘Secretary’’ Secretary shall issue regulations setting At the end of title III, insert the following: means the Secretary of Education. forth— SEC. ll. (a) In addition to amounts other- (b) LOAN PROGRAM AUTHORIZED.—From (1) the terms for the long term, low inter- wise appropriated under this Act, there are funds appropriated under subsection (k), the est, guaranteed loan program under this sec- appropriated, out of any money in the Treas- Secretary shall establish an Education Dis- tion; ury not otherwise appropriated— aster and Emergency Relief Loan Program (2) procedures for an application for a loan (1) $6,000,000 to carry out the programs for to provide long term, low interest, guaran- under this section; and baccalaureate degrees in science, tech- teed loans to institutions of higher edu- (3) minimum requirements for the long nology, engineering, mathematics, or crit- cation for direct or indirect losses incurred term, low interest, guaranteed loan program ical foreign languages, with concurrent as a result of a federally declared major dis- and for receiving a loan under this section, teacher certification under section 6113 of aster or emergency. including the following: (c) PRESIDENTIAL DECLARATION REQUIRED.— the America COMPETES Act (Public Law (A) Online forms to be used in submitting The Secretary shall only provide a loan 110–69); and request for a loan under this section. under the Education Disaster and Emer- (2) $4,000,000 to carry out the programs for (B) Information to be included in the gency Relief Loan Program to an institution master’s degrees in science, technology, en- forms. of higher education located in an area with gineering, and mathematics, or critical for- (C) Procedures to assist in filing and respect to which a major disaster or emer- eign language education under section 6114 of pursing a loan under this section. gency was declared by the President pursu- the America COMPETES Act (Public Law ant to section 401 or 501 of the Robert T. (k) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated and 110–69). Stafford Disaster Relief and Emergency As- (b) Notwithstanding any other provision of there are appropriated, out of any money in sistance Act (42 U.S.C. 5170, 5191). this Act, amounts made available under this the Treasury not otherwise appropriated, (d) USE OF LOAN FUNDS.—Loan funds pro- Act for the administration and related ex- $800,000,000 to carry out this section for fiscal vided under this section may be used for— penses for the departmental management of year 2008. (1) direct and indirect construction, re- the Department of Education, shall be replacement, renovation, or clean-up costs as- duced by $10,000,000. sociated with or resulting from a major dis- SA 3373. Mr. SESSIONS (for himself, Mr. HATCH, Mr. INHOFE, Mr. ISAKSON, aster or emergency; SA 3376. Mr. SMITH submitted an (2) faculty salaries and incentives for re- Mr. ROBERTS, Mr. VITTER, Mrs. DOLE, amendment intended to be proposed to taining faculty; or Mr. MARTINEZ, Mr. ALEXANDER, Mr. amendment SA 3325 proposed by Mr. (3) reimbursement for lost tuition and CORNYN, Mr. ENZI, and Mr. GRAHAM) HARKIN (for himself and Mr. SPECTER) other revenues. proposed an amendment to amendment (e) REQUIREMENTS FOR LOANS DUE TO to the bill H.R. 3043, making appropria- SA 3325 proposed by Mr. HARKIN (for LOSSES.—An institution of higher education tions for the Departments of Labor, that desires to receive a loan under this sec- himself and Mr. SPECTER) to the bill Health and Human Services, and Edu- tion shall— H.R. 3043, making appropriations for cation, and related agencies for the fis- (1) submit a sworn financial statement and the Departments of Labor, Health and cal year ending September 30, 2008, and other appropriate data, documentation, or Human Services, and Education, and other evidence requested by the Secretary for other purposes; which was ordered related agencies for the fiscal year end- to lie on the table; as follows: that indicates that the institution incurred ing September 30, 2008, and for other losses resulting from the impact of a major At the appropriate place in title II, insert disaster or emergency and the monetary purposes; as follows: the following: amount of such losses; and On page 14, line 24, strike ‘‘$436,397,000’’ and SEC. ll. (a) Notwithstanding any other (2) demonstrate that the institution at- insert ‘‘$441,397,000, of which $50,737,000 is for provision of this Act, there shall be made tempted to minimize the cost of any losses the Office of Labor Management Standards available under this Act a total of $7,500,000 by pursuing collateral source compensation (notwithstanding any other provision of this for the National Violent Death Reporting from the Federal Emergency Management Act, amounts appropriated or otherwise System within the Centers for Disease Con- Agency and from insurance coverage prior to made available under this Act for the admin- trol and Prevention. seeking a loan under this section, except istrative and related expenses for depart- (b) Notwithstanding any other provision of that an institution of higher education shall mental management for the Department of this Act, not to exceed $7,500,000 in prior fis- not be required to receive collateral source Labor, the Department of Health and Human cal year unobligated balances shall be trans- compensation from the Federal Emergency Services, and the Department of Education ferred, on a pro rata basis, to the Secretary Management Agency or from insurance com- shall be reduced on a pro rata basis by of Health and Human Services to carry out pensation in order to be eligible for a loan $5,000,000),’’. subsection (a). under this section. (f) AUDIT.—The Secretary and the Comp- SA 3374. Ms. COLLINS (for herself, SA 3377. Ms. CANTWELL submitted troller General of the United States may Mr. FEINGOLD, Mr. BINGAMAN, Mr. an amendment intended to be proposed audit a financial statement submitted under CARDIN, and Ms. SNOWE) submitted an to amendment SA 3325 proposed by Mr. subsection (e) and may request any informa- amendment intended to be proposed to HARKIN (for himself and Mr. SPECTER) tion that the Secretary and Comptroller amendment SA 3325 proposed by Mr. General determine necessary to conduct such to the bill H.R. 3043, making appropria- an audit. HARKIN (for himself and Mr. SPECTER) tions for the Departments of Labor, (g) REDUCTION IN LOAN AMOUNTS.—In calcu- to the bill H.R. 3043, making appropria- Health and Human Services, and Edu- lating the amount of a loan to make avail- tions for the Departments of Labor, cation, and related agencies for the fis- able to an institution of higher education Health and Human Services, and Edu- cal year ending September 30, 2008, and under this section, the Secretary shall cal- cation, and related agencies for the fis- for other purposes; which was ordered culate a figure that reduces from the mone- cal year ending September 30, 2008, and tary amount of losses incurred by the insti- to lie on the table; as follows: tution only the amount of collateral source for other purposes; which was ordered On page 79, between lines 4 and 5, insert compensation the institution received from to lie on the table; as follows: the following: the Federal Emergency Management Agency On page 64, line 5, insert before the period SEC. ll. In addition to other amounts ap- and from insurance compensation. the following: ‘‘: Provided further, That propriated in this title to carry out title VII

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of the Public Health Service Act, $2,000,000 At the appropriate place, insert the fol- (f) TERMS OF MEMBERS.— shall be made available to carry out allied lowing: (1) MEMBERS OF CONGRESS.—Each member health professional programs under section TITLE lll—UNITED STATES AUTHOR- appointed to the Commission shall serve for 755 of such title VII, other than the Chiro- IZATION AND SUNSET COMMISSION a term of 6 years, except that, of the mem- practic-Medical School Demonstration Grant SEC. ll1. SHORT TITLE. bers first appointed under paragraphs (1) and program, Graduate Psychology training pro- This title may be cited as the ‘‘United (2) of subsection (b), two members shall be grams, and podiatric physicians programs. States Authorization and Sunset Commis- appointed to serve a term of 3 years. On page 62, line 9, strike ‘‘$399,386,000’’ and sion Act of 2007’’. (2) TERM LIMIT.—A member of the Commis- insert ‘‘$397,386,000’’. SEC. ll2. DEFINITIONS. sion who serves more than 3 years of a term In this title— may not be appointed to another term as a SA 3378. Mr. TESTER submitted an member. amendment intended to be proposed by (1) the term ‘‘agency’’ means an Executive agency as defined under section 105 of title 5, (g) INITIAL MEETING.—If, after 90 days after him to the bill H.R. 3043, making ap- United States Code; the date of enactment of this Act, five or propriations for the Departments of (2) the term ‘‘Commission’’ means the more members of the Commission have been Labor, Health and Human Services, United States Authorization and Sunset appointed— and Education, and related agencies for Commission established under section ll3; (1) members who have been appointed the fiscal year ending September 30, and may— 2008, and for other purposes; which was (3) the term ‘‘Commission Schedule and (A) meet; and ordered to lie on the table; as follows: Review bill’’ means the proposed legislation (B) select a chairperson from among the submitted to Congress under section ll4(b). On page 28, line 10, insert before the period members (if a chairperson has not been ap- SEC. ll3. ESTABLISHMENT OF COMMISSION. the following: ‘‘: Provided, That $3,000,000 pointed) who may serve as chairperson until (a) ESTABLISHMENT.—There is established shall be transferred from amounts made the appointment of a chairperson; and the United States Authorization and Sunset available in this title for salaries and ex- (2) the chairperson shall have the author- Commission. penses of the Department of Labor, to carry ity to begin the operations of the Commis- (b) COMPOSITION.—The Commission shall be sion, including the hiring of staff. out Federal management activities relating composed of eight members (in this title re- to veterans employment and training’’. ferred to as the ‘‘members’’), as follows: (h) MEETING; VACANCIES.—After its initial meeting, the Commission shall meet upon Mr. CORNYN submitted an (1) Four members appointed by the major- SA 3379. ity leader of the Senate, one of whom may the call of the chairperson or a majority of amendment intended to be proposed by include the majority leader of the Senate, its members. Any vacancy in the Commis- him to the bill H.R. 3043, making ap- with minority members appointed with the sion shall not affect its powers, but shall be propriations for the Departments of consent of the minority leader of the Senate. filled in the same manner in which the origi- Labor, Health and Human Services, (2) Four members appointed by the Speak- nal appointment was made. and Education, and related agencies for er of the House of Representatives, one of the fiscal year ending September 30, whom may include the Speaker of the House (i) POWERS OF THE COMMISSION.— (1) IN GENERAL.— 2008, and for other purposes; which was of Representatives, with minority members (A) HEARINGS, TESTIMONY, AND EVIDENCE.— ordered to lie on the table; as follows: appointed with the consent of the minority leader of the House of Representatives. The Commission may, for the purpose of car- On page 2, line 15, insert ‘‘(increased by (3) The Director of the Congressional Budg- rying out the provisions of this title— $25,000,000)’’ before ‘‘, plus’’. et Office and the Comptroller of the Govern- (i) hold such hearings and sit and act at On page 3, line 15, insert ‘‘(increased by ment Accountability Office shall be non-vot- such times and places, take such testimony, $25,000,000)’’ before ‘‘as follows:’’. ing ex officio members of the Commission. receive such evidence, administer such On page 3, line 16, insert ‘‘(increased by (c) QUALIFICATIONS OF MEMBERS.— oaths; and $25,000,000)’’ before ‘‘for the’’. (1) IN GENERAL.— (ii) require, by subpoena or otherwise, the On page 3, line 21, insert ‘‘(increased by (A) SENATE MEMBERS.—Of the members ap- attendance and testimony of such witnesses $25,000,000)’’ before ‘‘shall be’’. pointed under subsection (b)(1), four shall be and the production of such books, records, On page 3, line 24, insert ‘‘(increased by members of the Senate (not more than two correspondence, memoranda, papers, and $25,000,000)’’ before ‘‘may be’’. of whom may be of the same political party). documents, that the Commission or such On page 104, line 8, insert ‘‘(decreased by (B) HOUSE OF REPRESENTATIVE MEMBERS.— designated subcommittee or designated $25,000,000)’’ before the colon. Of the members appointed under subsection member may determine advisable. (B) SUBPOENAS.—Subpoenas issued under SA 3380. Mr. CORNYN submitted an (b)(2), four shall be members of the House of Representatives, not more than two of whom subparagraph (A)(ii) may be issued to require amendment intended to be proposed by may be of the same political party. attendance and testimony of witnesses and him to the bill H.R. 3043, making ap- (2) CONTINUATION OF MEMBERSHIP.— the production of evidence relating to any propriations for the Departments of (A) IN GENERAL.—If a member was ap- matter under investigation by the Commis- Labor, Health and Human Services, pointed to the Commission as a Member of sion. and Education, and related agencies for Congress and the member ceases to be a (C) ENFORCEMENT.—The provisions of sec- the fiscal year ending September 30, Member of Congress, that member shall tions 102 through 104 of the Revised Statutes 2008, and for other purposes; which was cease to be a member of the Commission. of the United States (2 U.S.C. 192 through 194) shall apply in the case of any failure of ordered to lie on the table; as follows: (B) ACTIONS OF COMMISSION UNAFFECTED.— Any action of the Commission shall not be any witness to comply with any subpoena or On page 58, line 7, strike ‘‘$9,213,332,000, of affected as a result of a member becoming to testify when summoned under authority which’’ and insert ‘‘$9,213,839,000, of which ineligible under subparagraph (A). of this paragraph. $50,000,000 shall be to carry out the provi- (d) INITIAL APPOINTMENTS.—Not later than (2) CONTRACTING.—The Commission may sions of section 439 of the Social Security 90 days after the date of enactment of this contract with and compensate government Act (provided, notwithstanding any other Act, all initial appointments to the Commis- and private agencies or persons for services provision of this Act, amounts made avail- sion shall be made. without regard to section 3709 of the Revised able under this Act for the administration (e) CHAIRPERSON; VICE CHAIRPERSON.— Statutes (41 U.S.C. 5) to enable the Commis- and related expenses for the departmental (1) INITIAL CHAIRPERSON.—An individual sion to discharge its duties under this title. management of the Department of Labor, shall be designated by the Speaker of the (3) INFORMATION FROM FEDERAL AGENCIES.— the Department of Health and Human Serv- House of Representatives from among the The Commission is authorized to secure di- ices, and the Department of Education, shall members initially appointed under sub- rectly from any executive department, bu- be reduced, on a pro rata basis, by $507,000), section (b)(2) to serve as chairperson of the reau, agency, board, commission, office, and’’. Commission for a period of 2 years. independent establishment, or instrumen- (2) INITIAL VICE CHAIRPERSON.—An indi- tality of the Government, information, sug- SA 3381. Mr. CORNYN (for himself, vidual shall be designated by the majority gestions, estimates, and statistics for the Mr. VOINOVICH, and Mr. CHAMBLISS) leader of the Senate from among the individ- purposes of this section. Each such depart- submitted an amendment intended to uals initially appointed under subsection ment, bureau, agency, board, commission, of- be proposed by him to the bill H.R. (b)(1) to serve as vice-chairperson of the fice, establishment, or instrumentality shall, 3043, making appropriations for the De- Commission for a period of 2 years. to the extent authorized by law, furnish such partments of Labor, Health and Human (3) ALTERNATE APPOINTMENTS OF CHAIRMEN information, suggestions, estimates, and sta- Services, and Education, and related AND VICE CHAIRMEN.—Following the termi- tistics directly to the Commission, upon re- nation of the 2-year period described under quest made by the chairperson. agencies for the fiscal year ending Sep- paragraphs (1) and (2), the Speaker and the (4) SUPPORT SERVICES.— tember 30, 2008, and for other purposes; majority leader of the Senate shall alternate (A) GOVERNMENT ACCOUNTABILITY OFFICE.— which was ordered to lie on the table; every 2 years in appointing the chairperson The Government Accountability Office is au- as follows: and vice-chairperson of the Commission. thorized on a reimbursable basis to provide

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13107 the Commission with administrative serv- and at least once every 10 years thereafter, unless the agency or program is reauthorized ices, facilities, staff, and other support serv- the Commission shall submit to Congress a by Congress. ices for the performance of the functions of legislative proposal that includes the sched- (2) EXPEDITED CONGRESSIONAL CONSIDER- the Commission. ule of review and abolishment of agencies ATION PROCEDURES.—In reviewing the Com- (B) GENERAL SERVICES ADMINISTRATION.— and programs (in this section referred to as mission Schedule and Review bill, Congress The Administrator of General Services shall the ‘‘Commission Schedule and Review shall follow the expedited procedures under provide to the Commission on a nonreim- bill’’). section ll6. bursable basis such administrative support (2) SCHEDULE.—The schedule of the Com- (c) RECOMMENDATIONS AND LEGISLATIVE services as the Commission may request. mission shall provide a timeline for the Com- PROPOSALS.— (C) AGENCIES.—In addition to the assist- mission’s review and proposed abolishment (1) REPORT.—Not later than 2 years after ance under subparagraphs (A) and (B), de- of— the date of enactment of this Act, the Com- partments and agencies of the United States (A) at least 25 percent of unauthorized mission shall submit to Congress and the are authorized to provide to the Commission agencies or programs as measured in dollars, President— such services, funds, facilities, staff, and including those identified by the Congres- (A) a report that reviews and analyzes ac- other support services as the Commission sional Budget Office under section 202(e)(3) of cording to the criteria established under sub- may determine advisable as may be author- the Congressional Budget and Impoundment section (a)(4) for each agency and program to ized by law. Control Act of 1974 (2 U.S.C. 602(e)(3)); and be reviewed in the year in which the report (5) POSTAL SERVICES.—The Commission (B) if applicable, at least 25 percent of the is submitted under the schedule submitted to may use the United States mails in the same programs as measured in dollars identified Congress under subsection (a)(1); manner and under the same conditions as de- by the Office of Management and Budget (B) a proposal, if appropriate, to reauthor- partments and agencies of the United States. through its Program Assessment Rating ize, reorganize, consolidate, expand, or trans- (6) IMMUNITY.—The Commission is an agen- Tool program or other similar review pro- fer the Federal programs and agencies to be cy of the United States for purposes of part gram established by the Office of Manage- reviewed in the year in which the report is V of title 18, United States Code (relating to ment and Budget as ineffective or results not submitted under the schedule submitted to immunity of witnesses). demonstrated. Congress under subsection (a)(1); and (7) DIRECTOR AND STAFF OF THE COMMIS- (3) REVIEW OF AGENCIES.—In determining (C) legislative provisions necessary to im- SION.— the schedule for review and abolishment of plement the Commission’s proposal and rec- (A) DIRECTOR.—The chairperson of the agencies under paragraph (1), the Commis- ommendations. Commission may appoint a staff director and sion shall provide that any agency that per- (2) ADDITIONAL REPORTS.—The Commission such other personnel as may be necessary to forms similar or related functions be re- shall submit to Congress and the President enable the Commission to carry out its func- viewed concurrently. additional reports as prescribed under para- tions, without regard to the provisions of (4) CRITERIA AND REVIEW.—The Commission graph (1) on or before June 30 of every other title 5, United States Code, governing ap- shall review each agency and program identi- year. pointments in the competitive service and fied under paragraph (1) in accordance with (d) RULE OF CONSTRUCTION.—Nothing in without regard to the provisions of chapter the following criteria as applicable: this section shall be construed to limit the 51 and subchapter III of chapter 53 of that (A) The effectiveness and the efficiency of power of the Commission to review any Fed- title relating to classification and General the program or agency. eral program or agency. Schedule pay rates, except that no rate of (B) The achievement of performance goals (e) APPROVAL OF REPORTS.—The Commis- pay fixed under this subsection may exceed (as defined under section 1115(g)(4) of title 31, sion Schedule and Review bill and all other the equivalent of that payable to a person United States Code). legislative proposals and reports submitted occupying a position at level II of the Execu- (C) The management of the financial and under this section shall require the approval tive Schedule. Any Federal Government em- personnel issues of the program or agency. of not less than five members of the Commis- ployee may be detailed to the Commission (D) Whether the program or agency has sion. without reimbursement from the Commis- fulfilled the legislative intent surrounding SEC. ll5. EXPEDITED CONSIDERATION OF COM- sion, and such detailee shall retain the its creation, taking into account any change MISSION RECOMMENDATIONS. rights, status, and privileges of his or her in legislative intent during the existence of (a) INTRODUCTION AND COMMITTEE CONSID- regular employment without interruption. the program or agency. ERATION.— (B) PERSONNEL AS FEDERAL EMPLOYEES.— (E) Ways the agency or program could be (1) INTRODUCTION.—If any legislative pro- (i) IN GENERAL.—The executive director less burdensome but still efficient in proposal with provisions is submitted to Con- and any personnel of the Commission who tecting the public. gress under section ll4(c), a bill with that are employees shall be employees under sec- (F) Whether reorganization, consolidation, proposal and provisions shall be introduced tion 2105 of title 5, United States Code, for abolishment, expansion, or transfer of agen- in the Senate by the majority leader, and in purposes of chapters 63, 81, 83, 84, 85, 87, 89, cies or programs would better enable the the House of Representatives, by the Speak- 89A, 89B, and 90 of that title. Federal Government to accomplish its mis- er. Upon introduction, the bill shall be re- (ii) MEMBERS OF COMMISSION.—Clause (i) sions and goals. ferred to the appropriate committees of Con- shall not be construed to apply to members (G) The promptness and effectiveness of an gress under paragraph (2). If the bill is not of the Commission. agency in handling complaints and requests introduced in accordance with the preceding (C) PROCUREMENT OF TEMPORARY AND made under section 552 of title 5, United sentence, then any Member of Congress may INTERMITTENT SERVICES.—With the approval States Code (commonly referred to as the introduce that bill in their respective House of the majority of the Commission, the Freedom of Information Act). of Congress beginning on the date that is the chairperson of the Commission may procure (H) The extent that the agency encourages 5th calendar day that such House is in ses- temporary and intermittent services under and uses public participation when making sion following the date of the submission of section 3109(b) of title 5, United States Code, rules and decisions. such proposal with provisions. at rates for individuals which do not exceed (I) The record of the agency in complying (2) COMMITTEE CONSIDERATION.— the daily equivalent of the annual rate of with requirements for equal employment op- (A) REFERRAL.—A bill introduced under basic pay prescribed for level V of the Execu- portunity, the rights and privacy of individ- paragraph (1) shall be referred to any appro- tive Schedule under section 5316 of such uals, and purchasing products from histori- priate committee of jurisdiction in the Sen- title. cally underutilized businesses. ate, any appropriate committee of jurisdic- (8) COMPENSATION AND TRAVEL EXPENSES.— (J) The extent to which the program or tion in the House of Representatives, the (A) COMPENSATION.—Members shall not be agency duplicates or conflicts with other Committee on the Budget and the Com- paid by reason of their service as members. Federal agencies, State or local government, mittee on Homeland Security and Govern- (B) TRAVEL EXPENSES.—Each member of or the private sector and if consolidation or mental Affairs of the Senate, and the Com- the Commission shall be allowed travel ex- streamlining into a single agency or program mittee on the Budget and the Committee on penses, including per diem in lieu of subsist- is feasible. Homeland Security and Governmental Af- ence, in accordance with sections 5702 and (b) SCHEDULE AND ABOLISHMENT OF AGEN- fairs of the House of Representatives. 5703(b) of title 5, United States Code. CIES AND PROGRAMS.— (B) REPORTING.—Not later than 30 calendar (j) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated such (1) IN GENERAL.—Not later than 18 months days after the introduction of the bill, each sums as necessary for the purposes of car- after the date of the enactment of this Act committee of Congress to which the bill was rying out the duties of the Commission. and at least once every 10 years thereafter, referred shall report the bill or a committee (k) TERMINATION.—The Commission shall the Commission shall submit to the Congress amendment thereto. terminate on December 31, 2037. a Commission Schedule and Review bill (C) DISCHARGE OF COMMITTEE.—If a com- SEC. ll4. DUTIES AND RECOMMENDATIONS OF that— mittee to which is referred a bill has not re- THE UNITED STATES AUTHORIZA- (A) includes a schedule for review of agen- ported such bill at the end of 30 calendar TION AND SUNSET COMMISSION. cies and programs; and days after its introduction or at the end of (a) SCHEDULE AND REVIEW.— (B) abolishes any agency or program 2 the first day after there has been reported to (1) IN GENERAL.—Not later than 18 months years after the date the Commission com- the House involved a bill, whichever is ear- after the date of the enactment of this Act pletes its review of the agency or program, lier, such committee shall be deemed to be

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13108 CONGRESSIONAL RECORD — SENATE October 18, 2007 discharged from further consideration of (C) notwithstanding subparagraph (B), the of that House) at any time, in the same man- such bill, and such bill shall be placed on the vote on passage shall be on the bill of the ner, and to the same extent as in the case of appropriate calendar of the House involved. other House. any other rule of that House. (b) EXPEDITED PROCEDURE.— Upon disposition of a bill that is received by SEC. ll6. EXPEDITED CONSIDERATION OF COM- (1) CONSIDERATION.— one House from the other House, it shall no MISSION SCHEDULE AND REVIEW BILL. (A) IN GENERAL.—Not later than 5 calendar longer be in order to consider the bill that (a) INTRODUCTION AND COMMITTEE CONSID- days after the date on which a committee was introduced in the receiving House. ERATION.— has been discharged from consideration of a (3) CONSIDERATION IN CONFERENCE.— (1) INTRODUCTION.—The Commission Sched- bill, the majority leader of the Senate, or the (A) CONVENING OF CONFERENCE.—Imme- ule and Review bill submitted under section majority leader’s designee, or the Speaker of diately upon passage of a bill that results in ll4(b) shall be introduced in the Senate by the House of Representatives, or the Speak- a disagreement between the two Houses of the majority leader, or the majority leader’s er’s designee, shall move to proceed to the Congress with respect to a bill, conferees designee, and in the House of Representa- consideration of the committee amendment shall be appointed and a conference con- tives, by the Speaker, or the Speaker’s des- to the bill, and if there is no such amend- vened. ignee. Upon such introduction, the Commis- ment, to the bill. It shall also be in order for (B) ACTION ON CONFERENCE REPORTS IN THE sion Schedule and Review bill shall be re- any member of the Senate or the House of SENATE.— ferred to the appropriate committees of Con- Representatives, respectively, to move to (i) MOTION TO PROCEED.—The motion to gress under paragraph (2). If the Commission proceed to the consideration of the bill at proceed to consideration in the Senate of the Schedule and Review bill is not introduced in any time after the conclusion of such 5-day conference report on a bill may be made even accordance with the preceding sentence, period. though a previous motion to the same effect then any member of Congress may introduce (B) MOTION TO PROCEED.—A motion to pro- has been disagreed to. the Commission Schedule and Review bill in ceed to the consideration of a bill is highly (ii) DEBATE.—Consideration in the Senate their respective House of Congress beginning privileged in the House of Representatives of the conference report (including a mes- on the date that is the 5th calendar day that and is privileged in the Senate and is not de- sage between Houses) on a bill, and all such House is in session following the date of batable. The motion is not subject to amend- amendments in disagreement, including all the submission of such aggregate legislative ment, to a motion to postpone consideration amendments thereto, and debatable motions language provisions. of the bill, or to a motion to proceed to the and appeals in connection therewith, shall be (2) COMMITTEE CONSIDERATION.— consideration of other business. A motion to limited to 20 hours, equally divided and con- (A) REFERRAL.—A Commission Schedule reconsider the vote by which the motion to trolled by the majority leader and the mi- and Review bill introduced under paragraph proceed is agreed to or not agreed to shall nority leader or their designees. Debate on (1) shall be referred to any appropriate com- not be in order. If the motion to proceed is any debatable motion or appeal related to mittee of jurisdiction in the Senate, any ap- agreed to, the Senate or the House of Rep- the conference report (or a message between propriate committee of jurisdiction in the resentatives, as the case may be, shall imme- Houses) shall be limited to 1 hour, to be House of Representatives, the Committee on diately proceed to consideration of the bill equally divided between, and controlled by, the Budget and the Committee on Homeland without intervening motion, order, or other the mover and the manager of the conference Security and Governmental Affairs of the business, and the bill shall remain the unfin- report (or a message between Houses). Senate and the Committee on the Budget ished business of the Senate or the House of (iii) CONFERENCE REPORT DEFEATED.— and the Committee on Oversight and Govern- Representatives, as the case may be, until Should the conference report be defeated, de- ment Reform of the House of Representa- disposed of. bate on any request for a new conference and tives. A committee to which a Commission (C) LIMITED DEBATE.—Debate on the bill the appointment of conferrees shall be lim- Schedule and Review bill is referred under and all amendments thereto and on all de- ited to 1 hour, to be equally divided between, this paragraph may review and comment on batable motions and appeals in connection and controlled by, the manager of the con- such bill, may report such bill to the respec- therewith shall be limited to not more than ference report and the minority leader or the tive House, and may not amend such bill. 50 hours, which shall be divided equally be- minority leader’s designee, and should any (B) REPORTING.—Not later than 30 calendar tween those favoring and those opposing the motion be made to instruct the conferees be- days after the introduction of the Commis- bill. A motion further to limit debate on the fore the conferees are named, debate on such sion Schedule and Review bill, each Com- bill is in order and is not debatable. All time motion shall be limited to 1⁄2 hour, to be mittee of Congress to which the Commission used for consideration of the bill, including equally divided between, and controlled by, Schedule and Review bill was referred shall time used for quorum calls (except quorum the mover and the manager of the conference report the bill. calls immediately preceding a vote) and vot- report. Debate on any amendment to any (C) DISCHARGE OF COMMITTEE.—If a coming, shall come from the 50 hours of debate. such instructions shall be limited to 20 min- mittee to which is referred a Commission (D) AMENDMENTS.—No amendment that is utes, to be equally divided between and con- Schedule and Review bill has not reported not germane to the provisions of the bill trolled by the mover and the manager of the such Commission Schedule and Review bill shall be in order in the Senate. In the Sen- conference report. In all cases when the man- at the end of 30 calendar days after its intro- ate, an amendment, any amendment to an ager of the conference report is in favor of duction or at the end of the first day after amendment, or any debatable motion or ap- any motion, appeal, or amendment, the time there has been reported to the House in- peal is debatable for not to exceed 1 hour to in opposition shall be under the control of volved a Commission Schedule and Review be divided equally between those favoring the minority leader or the minority leader’s bill, whichever is earlier, such committee and those opposing the amendment, motion, designee. shall be deemed to be discharged from fur- or appeal. (iv) AMENDMENTS IN DISAGREEMENT.—In ther consideration of such Commission (E) VOTE ON PASSAGE.—Immediately fol- any case in which there are amendments in Schedule and Review bill, and such Commis- lowing the conclusion of the debate on the disagreement, time on each amendment sion Schedule and Review bill shall be placed bill, and the disposition of any pending shall be limited to 30 minutes, to be equally on the appropriate calendar of the House in- amendments under subparagraph (D), the divided between, and controlled by, the man- volved. vote on passage of the bill shall occur. ager of the conference report and the minor- (b) EXPEDITED PROCEDURE.— (F) OTHER MOTIONS NOT IN ORDER.—A mo- ity leader or the minority leader’s designee. (1) CONSIDERATION.— tion to postpone consideration of the bill, a No amendment that is not germane to the (A) IN GENERAL.—Not later than 5 calendar motion to proceed to the consideration of provisions of such amendments shall be re- days after the date on which a committee other business, or a motion to recommit the ceived. has been discharged from consideration of a bill is not in order. A motion to reconsider (v) LIMITATION ON MOTION TO RECOMMIT.—A Commission Schedule and Review bill, the the vote by which the bill is agreed to or not motion to recommit the conference report is majority leader of the Senate, or the major- agreed to is not in order. not in order. ity leader’s designee, or the Speaker of the (2) CONSIDERATION BY OTHER HOUSE.—If, be- (c) RULES OF THE SENATE AND THE HOUSE OF House of Representatives, or the Speaker’s fore the passage by one House of the bill that REPRESENTATIVES.—This section is enacted designee, shall move to proceed to the con- was introduced in such House, such House re- by Congress— sideration of the Commission Schedule and ceives from the other House a bill as passed (1) as an exercise of the rulemaking power Review bill. It shall also be in order for any by such other House— of the Senate and the House of Representa- member of the Senate or the House of Rep- (A) the bill of the other House shall not be tives, respectively, and is deemed to be part resentatives, respectively, to move to pro- referred to a committee and may only be of the rules of each House, respectively, but ceed to the consideration of the Commission considered for passage in the House that re- applicable only with respect to the procedure Schedule and Review bill at any time after ceives it under subparagraph (C); to be followed in that House in the case of a the conclusion of such 5-day period. (B) the procedure in the House in receipt of bill, and it supersedes other rules only to the (B) MOTION TO PROCEED.—A motion to pro- the bill of the other House, with respect to extent that it is inconsistent with such ceed to the consideration of a Commission the bill that was introduced in the House in rules; and Schedule and Review bill is highly privileged receipt of the bill of the other House, shall (2) with full recognition of the constitu- in the House of Representatives and is privi- be the same as if no bill had been received tional right of either House to change the leged in the Senate and is not debatable. The from the other House; and rules (so far as they relate to the procedure motion is not subject to amendment, to a

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13109 motion to postpone consideration of the to be followed in that House in the case of a Labor, Health and Human Services, Commission Schedule and Review bill, or to Commission Schedule and Review bill, and it and Education, and related agencies for a motion to proceed to the consideration of supersedes other rules only to the extent the fiscal year ending September 30, other business. A motion to reconsider the that it is inconsistent with such rules; and 2008, and for other purposes; which was vote by which the motion to proceed is (2) with full recognition of the constitu- agreed to or not agreed to shall not be in tional right of either House to change the ordered to lie on the table; as follows: order. If the motion to proceed is agreed to, rules (so far as they relate to the procedure At the appropriate place, insert the fol- the Senate or the House of Representatives, of that House) at any time, in the same man- lowing: as the case may be, shall immediately pro- ner, and to the same extent as in the case of SEC. ll. (a) Notwithstanding any other ceed to consideration of the Commission any other rule of that House. provision of this Act, the Secretary of Schedule and Review bill without inter- Health and Human Services shall use funds vening motion, order, or other business, and SA 3382. Mr. CORNYN submitted an appropriated under the heading ‘‘PROGRAM MANAGEMENT’’ under the heading ‘‘CENTERS the Commission Schedule and Review bill amendment intended to be proposed by FOR MEDICARE AND MEDICAID SERVICES’’ to shall remain the unfinished business of the him to the bill H.R. 3043, making ap- carry out the activities described in sub- Senate or the House of Representatives, as propriations for the Departments of sections (b) and (c). the case may be, until disposed of. Labor, Health and Human Services, (b) For purposes of subsection (a), the ac- (C) LIMITED DEBATE.—Debate on the Com- and Education, and related agencies for tivity described in this subsection is the es- mission Schedule and Review bill and on all tablishment of a plan for timely completion debatable motions and appeals in connection the fiscal year ending September 30, 2008, and for other purposes; which was of the survey and certification process for therewith shall be limited to not more than any new health care facility seeking to par- 10 hours, which shall be divided equally be- ordered to lie on the table; as follows: ticipate in the Medicare or Medicaid pro- tween those favoring and those opposing the On page 42, line 12, insert before the period gram that has been pending for at least 90 Commission Schedule and Review bill. A mo- the following: ‘‘Provided, That a portion of days after the date on which the request for tion further to limit debate on the Commis- such funds shall be used for the continuation survey and certification was submitted. Such sion Schedule and Review bill is in order and of the frequent hemodialysis clinical trials’’. plan shall give priority to completing any is not debatable. All time used for consider- such survey and certification requests that ation of the Commission Schedule and Re- SA 3383. Mr. CORNYN submitted an were submitted in fiscal year 2007. view bill, including time used for quorum amendment intended to be proposed by (c) For purposes of subsection (a), the ac- calls (except quorum calls immediately pre- him to the bill H.R. 3043, making ap- tivity described in this subsection is the es- ceding a vote) and voting, shall come from propriations for the Departments of tablishment of a process for identifying and the 10 hours of debate. communicating with new health care facili- (D) AMENDMENTS.—No amendment to the Labor, Health and Human Services, ties that are likely to seek survey and cer- Commission Schedule and Review bill shall and Education, and related agencies for tification for participation in the Medicare be in order in the Senate and the House of the fiscal year ending September 30, or Medicaid program. Such process shall re- Representatives. 2008, and for other purposes; which was quire the Centers for Medicare & Medicaid (E) VOTE ON PASSAGE.—Immediately fol- ordered to lie on the table; as follows: Services to provide regular and ongoing com- lowing the conclusion of the debate on the At the appropriate place, insert the fol- munication regarding the timing for an ini- Commission Schedule and Review bill, the lowing: tial survey with any owner of such a health vote on passage of the Commission Schedule care facility during the construction process SEC. ll. Notwithstanding subsection (b) and Review bill shall occur. of section 1864 of the Social Security Act, or or as soon as practicable after identification. (F) OTHER MOTIONS NOT IN ORDER.—A mo- any other provision of law, the Secretary of tion to postpone consideration of the Com- SA 3386. Mr. DEMINT submitted an Health and Human Services may enter into mission Schedule and Review bill, a motion an agreement with a State to carry out sur- amendment intended to be proposed by to proceed to the consideration of other busi- vey and certification activities in accord- him to the bill H.R. 3043, making ap- ness, or a motion to recommit the Commis- ance with such section under which the propriations for the Departments of sion Schedule and Review bill is not in order. State voluntarily agrees to bear all or any Labor, Health and Human Services, A motion to reconsider the vote by which part of the costs of carrying out such activi- the Commission Schedule and Review bill is and Education, and related agencies for ties. agreed to or not agreed to is not in order. the fiscal year ending September 30, (2) CONSIDERATION BY OTHER HOUSE.—If, be- 2008, and for other purposes; which was fore the passage by one House of the Com- SA 3384. Mr. CORNYN submitted an ordered to lie on the table; as follows: mission Schedule and Review bill that was amendment intended to be proposed by On page 69, line 26, insert before the period introduced in such House, such House re- him to the bill H.R. 3043, making ap- the following: ‘‘: Provided further, That the ceives from the other House a Commission propriations for the Departments of Secretary of Health and Human Services Schedule and Review bill as passed by such Labor, Health and Human Services, shall have the authority to transfer amounts other House— and Education, and related agencies for appropriated under this title for any con- (A) the Commission Schedule and Review the fiscal year ending September 30, gressionally directed spending item to the bill of the other House shall not be referred 2008, and for other purposes; which was National Institutes of Health’’. to a committee and may only be considered ordered to lie on the table; as follows: for passage in the House that receives it SA 3387. Mr. DEMINT submitted an under subparagraph (C); At the appropriate place, insert the following: amendment intended to be proposed by (B) the procedure in the House in receipt of him to the bill H.R. 3043, making ap- the Commission Schedule and Review bill of SEC. ll. Notwithstanding any other pro- the other House, with respect to the Com- vision of this Act, the Secretary of Health propriations for the Departments of mission Schedule and Review bill that was and Human Services shall use funds appro- Labor, Health and Human Services, introduced in the House in receipt of the priated under the heading ‘‘PROGRAM MAN- and Education, and related agencies for Commission Schedule and Review bill of the AGEMENT’’ under the heading ‘‘CENTERS FOR the fiscal year ending September 30, other House, shall be the same as if no Com- MEDICARE AND MEDICAID SERVICES’’ to enter 2008, and for other purposes; which was mission Schedule and Review bill had been into a cooperative arrangement with the ordered to lie on the table; as follows: Comptroller General under which the Comp- received from the other House; and Beginning on page 4, strike line 22 and all (C) notwithstanding subparagraph (B), the troller General shall conduct an independent study of the effectiveness and timeliness of that follows through line 7 on page 5, and in- vote on passage shall be on the Commission sert the following: ‘‘workers: Provided fur- Schedule and Review bill of the other House. the four-tiered system used to determine the frequency and priority for surveying and cer- ther, That $3,700,000 shall be for competitive Upon disposition of a Commission Schedule grants, which shall be awarded not later and Review bill that is received by one House tifying providers and suppliers participating or desiring to participate in the Medicare or than 30 days after the date of enactment of from the other House, it shall no longer be in this Act’’. order to consider the Commission Schedule Medicaid program. The study shall include an examination of the impact of such system and Review bill that was introduced in the SA 3388. Mr. DEMINT submitted an receiving House. on health care providers and suppliers that have not previously been surveyed and cer- amendment intended to be proposed by (c) RULES OF THE SENATE AND THE HOUSE OF tified for participation in either such pro- him to the bill H.R. 3043, making ap- REPRESENTATIVES.—This section is enacted gram. propriations for the Departments of by Congress— Labor, Health and Human Services, (1) as an exercise of the rulemaking power of the Senate and the House of Representa- SA 3385. Mr. CORNYN submitted an and Education, and related agencies for tives, respectively, and is deemed to be part amendment intended to be proposed by the fiscal year ending September 30, of the rules of each House, respectively, but him to the bill H.R. 3043, making ap- 2008, and for other purposes; which was applicable only with respect to the procedure propriations for the Departments of ordered to lie on the table; as follows:

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13110 CONGRESSIONAL RECORD — SENATE October 18, 2007 At the appropriate place, insert the fol- (E) Requirements for protective equipment compliance with all applicable State require- lowing: and clothing for workers exposed to diacetyl. ments for the reporting of child abuse, child SEC. ll. Notwithstanding any other pro- (F) Requirements to provide written safety molestation, sexual abuse, rape, or incest. vision of this Act, none of the funds appro- and health information and training to em- ‘‘(b) LOSS OF ELIGIBILITY.—If the Secretary priated in this Act may be allocated, di- ployees, including hazard communication in- determines that a person or any associated rected, or otherwise made available to cities formation, labeling, and training. entity has failed to comply with any State that provide safe haven to illegal drug users (3) EFFECTIVE DATE OF INTERIM STANDARD.— requirement described in subsection (a), the through the use of illegal drug injection fa- The interim final standard shall take effect Secretary shall not make any funds avail- cilities. upon issuance. The interim final standard able under this title to such person for a pe- shall have the legal effect of an occupational riod of 3 years following the date of such fail- SA 3389. Mr. DEMINT submitted an safety and health standard, and shall apply ure. amendment intended to be proposed by until a final standard becomes effective ‘‘(c) ANNUAL REPORTS BY RECIPIENTS OF FUNDS.—Not later than the end of fiscal year him to the bill H.R. 3043, making ap- under section 6 of the Occupational Safety 2008, and annually thereafter, each person re- propriations for the Departments of and Health Act (29 U.S.C. 655). ceiving funds under this title shall submit to Labor, Health and Human Services, (4) LIMITATION ON APPLICATION OF CERTAIN the Secretary a report— PROVISIONS.—Federal laws relating to and Education, and related agencies for ‘‘(1) certifying that the person and each as- timelines for the promulgation of interim the fiscal year ending September 30, sociated entity remain in compliance with final standards of the type provided for 2008, and for other purposes; which was all applicable State requirements for the re- ordered to lie on the table; as follows: under this subsection shall not apply to the porting of child abuse, child molestation, standard promulgated under this subsection. At the appropriate place, insert the fol- sexual abuse, rape, or incest; and (b) FINAL STANDARD.—Not later than 2 lowing: ‘‘(2) identifying the number of reports sub- years after the date of enactment of this SEC. ll. Section 301(c)(1) of the National mitted by the person during the preceding Act, the Secretary of Labor shall, pursuant Organ Transplant Act (42 U.S.C. 274e(c)(1)) is 12-month period to comply with such re- amended by adding before the period at the to section 6 of the Occupational Safety and quirements. end the following: ‘‘and any human egg, Health Act (29 U.S.C. 655), promulgate a final ‘‘(d) DEFINITION.—In this section, the term human embryo, and stem cell derived from a standard regulating worker exposure to diac- ‘associated entity’ means an entity that— human embryo.’’. etyl. The final standard shall contain, at a ‘‘(1) controls, is controlled by, or is under minimum, the worker protection provisions common control with the person involved; SA 3390. Mrs. MCCASKILL (for her- in the interim final standard, a short term and self and Mr. BROWN) submitted an exposure limit, and a permissible exposure ‘‘(2) is colocated with such person.’’. amendment intended to be proposed by limit that does not exceed the lowest fea- (b) The amendment made by subsection (a) her to the bill H.R. 3043, making appro- sible level, and shall apply at a minimum to applies with respect to the expenditure or all facilities where diacetyl is processed or priations for the Departments of obligation of funds under title X of the Pub- used. lic Health Service Act (42 U.S.C. 300 et seq.) Labor, Health and Human Services, on or after the date that is 6 months after and Education, and related agencies for SA 3391. Mr. CHAMBLISS (for him- the date of the enactment of this Act. the fiscal year ending September 30, self and Mr. ISAKSON) submitted an 2008, and for other purposes; which was amendment intended to be proposed by SA 3393. Mr. BINGAMAN submitted ordered to lie on the table; as follows: him to the bill H.R. 3043, making ap- an amendment intended to be proposed At the appropriate place, insert the fol- propriations for the Departments of by him to the bill H.R. 3043, making ap- lowing: Labor, Health and Human Services, propriations for the Departments of SEC. ll. ISSUANCE OF STANDARD ON DIACETYL. and Education, and related agencies for Labor, Health and Human Services, (a) INTERIM STANDARD.— the fiscal year ending September 30, and Education, and related agencies for (1) RULEMAKING.—Not later than 90 days the fiscal year ending September 30, after the date of enactment of this Act, the 2008, and for other purposes; which was ordered to lie on the table; as follows: 2008, and for other purposes; which was Secretary of Labor shall promulgate an in- ordered to lie on the table; as follows: terim final standard regulating worker expo- At the appropriate place in title II, insert At the appropriate place, insert the fol- sure to diacetyl. The interim final standard the following: lowing: shall apply— SEC. ll. The Secretary of Health and SEC. . (a) The Director of the National Human Services shall provide, under section ll (A) to all locations in the flavoring manu- Cancer Institute shall enter into a contract 319 of the Public Health Service Act (42 facturing industry that manufacture, use, with an appropriate entity for the conduct of U.S.C. 247d), for a declaration of a public handle, or process diacetyl; and a study to determine the effects of the Trin- health emergency with respect to Sumter (B) to all microwave popcorn production ity Nuclear test in 1945 on the surrounding and packaging establishments that use diac- County, Georgia (or to recognize the declara- communities in New Mexico with respect to etyl-containing flavors in the manufacture tion of public health emergency made by the the following: of microwave popcorn. State of Georgia for such county) in order (1) An estimate (expressed as a range) of (2) REQUIREMENTS.—The interim final that the Secretary shall provide, under sec- the expected number of cancers and other standard required under subsection (a) shall tion 1135(b) of the Social Security Act (42 radiogenic illnesses (both fatal and nonfatal provide no less protection than the rec- U.S.C. 1320b–5(b))), for the waiver of the pro- cases) expected among the individuals in the ommendations contained in the NIOSH Alert visions of section 1877 of such Act (42 U.S.C. region of the Trinity Nuclear test site as a ‘‘Preventing Lung Disease in Workers Who 1395nn) sufficient to permit the Sumter Re- result of their exposures to radioactive fall- Use or Make Flavorings’’ (NIOSH Publica- gional Hospital in Americus, Georgia, to pro- out from open air test. tion 2004–110) and include the following: vide financial support needed to maintain a (2) With respect to future illnesses, a de- (A) Requirements for engineering, work medical staff and community physicians in scription the scientific consensus regarding practice controls, and respiratory protection the area. the maximum limit of the latency period for to minimize exposure to diacetyl. Such engi- these radiogenic illnesses. neering and work practice controls include SA 3392. Mr. BROWNBACK submitted (3) An estimate (expressed as a range) of closed processes, isolation, local exhaust an amendment intended to be proposed the number of such illnesses that would be ventilation, proper pouring techniques, and by him to the bill H.R. 3043, making ap- expected to occur naturally among the af- safe cleaning procedures. propriations for the Departments of fected population. (B) Requirements for a written exposure Labor, Health and Human Services, control plan that will indicate specific meas- and Education, and related agencies for (b) Not later than 1 year after the date of ures the employer will take to minimize em- the fiscal year ending September 30, enactment of this Act, the Director of the ployee exposure; and requirements for eval- National Cancer Institute shall submit to uation of the exposure control plan to deter- 2008, and for other purposes; which was ordered to lie on the table; as follows: the appropriate committees of Congress, a mine the effectiveness of control measures report concerning the results of the study at least on a biannual basis and whenever At the appropriate place, insert the fol- conducted under subsection (a). medical surveillance indicates abnormal pul- lowing: (c) The Secretary of Health and Human monary function in employees exposed to di- SEC. lll. (a) Title X of the Public Health Services shall transfer $1,000,000 from acetyl, or whenever necessary to reflect new Service Act (42 U.S.C. 300 et seq.) is amended amounts appropriated under this Act for the or modified processes. by adding at the end the following: administrative functions of the National In- (C) Requirements for airborne exposure as- ‘‘SEC. 1009. COMPLIANCE WITH STATE REPORT- stitutes of Health to the Director of the Na- sessments to determine levels of exposure ING REQUIREMENTS. tional Cancer Institute to carry out this sec- and ensure adequacy of controls ‘‘(a) IN GENERAL.—The Secretary shall not tion. (D) Requirements for medical surveillance make any funds available under this title to for workers and referral for prompt medical a person unless the person certifies that the SA 3394. Mr. WARNER (for himself evaluation. person and each associated entity are in and Mrs. CLINTON) submitted an

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13111 amendment intended to be proposed by retary of Health and Human Services, acting (2) by the Centers for Disease Control and him to the bill H.R. 3043, making ap- through the Administrator of the Centers for Prevention to provide additional rotating propriations for the Departments of Medicare & Medicaid Services, shall submit pastel lights, zero-gravity chairs, or dry-heat a report to the Committee on Appropriations saunas for its fitness center. Labor, Health and Human Services, of the Senate and the Committee on Appro- and Education, and related agencies for priations of the House of Representatives on SA 3400. Mr. CARDIN (for himself the fiscal year ending September 30, workers’ compensation set-asides under the and Mr. SMITH) submitted an amend- 2008, and for other purposes; which was Medicare secondary payer set-aside provi- ment intended to be proposed by him ordered to lie on the table; as follows: sions under title XVIII of the Social Security to the bill H.R. 3043, making appropria- On page 64, line 5, insert before the period Act. (b) The report described in subsection (a) tions for the Departments of Labor, the following: ‘‘Provided further, That Health and Human Services, and Edu- $10,000,000 shall be made available, in addi- shall contain the following information: tion to amounts otherwise available, to im- (1) The number of workers’ compensation cation, and related agencies for the fis- plement the Lifespan Respite Care Act’’. set-aside determination requests that have cal year ending September 30, 2008, and been pending for more than 60 days from the for other purposes; which was ordered date of the initial submission for a workers’ to lie on the table; as follows: SA 3395. Mr. HARKIN (for Mr. REID) compensation set-aside determination. proposed an amendment to amendment (2) The average amount of time taken be- On page 126, between lines 7 and 8, insert SA 3325 proposed by Mr. HARKIN (for tween the date of the initial submission for the following: SEC. 521. Iraqi and Afghan aliens granted himself and Mr. SPECTER) to the bill a workers’ compensation set-aside deter- special immigrant status under section mination request and the date of the final H.R. 3043, making appropriations for 101(a)(27) of the Immigration and Nationality determination by the Centers for Medicare & the Departments of Labor, Health and Act (8 U.S.C. 1101(a)(27)) shall be eligible for Medicaid Services. Human Services, and Education, and resettlement assistance, entitlement pro- (3) The breakout of conditional payments related agencies for the fiscal year end- grams, and other benefits available to refu- recovered when workers’ compensation is the gees admitted under section 207 of such Act ing September 30, 2008, and for other primary payer separate from the amounts in (8 U.S.C. 1157) for a period not to exceed 6 purposes; as follows: Workers’ Compensation Medicare Set-aside months. At the appropriate place in title II, insert Accounts (in this section referred to as the following: ‘‘WCMSAs’’). Mr. CARDIN submitted an SEC. ll. Nothing in this Act shall be con- (4) The aggregate amounts allocated in SA 3401. strued to effect or otherwise modify provi- WCMSAs and disbursements from WCMSAs amendment intended to be proposed by sions of current Federal law with respect to for fiscal year 2005 and fiscal year 2006. him to the bill H.R. 3043, making ap- the funding of abortion. (5) The number of conditional payment re- propriations for the Departments of quests pending with regard to WCMSAs after Labor, Health and Human Services, SA 3396. Mr. GRASSLEY submitted 60 days from the date of the submission of and Education, and related agencies for an amendment intended to be proposed the request. the fiscal year ending September 30, by him to the bill H.R. 3043, making ap- (6) The number of WCMSAs that do not re- 2008, and for other purposes; which was propriations for the Departments of ceive a determination based on the initial complete submission. ordered to lie on the table; as follows: Labor, Health and Human Services, On the appropriate place, insert the fol- and Education, and related agencies for (7) Any other information determined appropriate by the Congressional Budget Office lowing: the fiscal year ending September 30, in order to determine the baseline revenue SEC. ll. It is the sense of the Senate that 2008, and for other purposes; which was and expenditures associated with such work- the Secretary of Health and Human Services ordered to lie on the table; as follows: ers’ compensation set-asides. should maintain ‘‘deemed status’’ coverage At the appropriate place, insert the fol- under the Medicare program for clinical lowing: SA 3398. Mr. KERRY submitted an trials that are federally funded or reviewed, as provided for by the Executive Memo- SEC. ll. H–1B VISA EMPLOYER FEE. amendment intended to be proposed by randum of June 2000. (a) IN GENERAL.—Section 214(c)(9)(B) of the him to the bill H.R. 3043, making appropriations for the Departments of Immigration and Nationality Act (8 U.S.C. SA 3402. Ms. LANDRIEU proposed an 1184(c)(9)(B)) is amended by striking ‘‘$1,500’’ Labor, Health and Human Services, amendment to amendment SA 3325 pro- and inserting ‘‘$3,000’’. and Education, and related agencies for posed by Mr. HARKIN (for himself and (b) USE OF ADDITIONAL FEE.—Section 286 of the fiscal year ending September 30, such Act (8 U.S.C. 1356) is amended by adding 2008, and for other purposes; which was Mr. SPECTER) to the bill H.R. 3043, at the end the following: ordered to lie on the table; as follows: making appropriations for the Depart- ‘‘(w) GIFTED AND TALENTED STUDENTS EDU- ments of Labor, Health and Human CATION ACCOUNT.— At the appropriate place in title I, insert the following: Services, and Education, and related ‘‘(1) IN GENERAL.—There is established in agencies for the fiscal year ending Sep- the general fund of the Treasury a separate SEC. ll. To enable the National Institute account, which shall be known as the ‘Gifted for Occupational Safety and Health to carry tember 30, 2008, and for other purposes; out the Fire Fighter Fatality Investigation and Talented Students Education Account’. as follows: and Prevention Program, $5,000,000, which Notwithstanding any other provision of law, On page 49: line 1: strike the colon and in- shall include any other amounts made avail- there shall be deposited as offsetting receipts sert able under this Act for such Program. into the account 50 percent of the fees col- ‘‘Provided further, that, of the funds pro- Amounts made available under this Act for lected under section 214(c)(9)(B). vided to the Child Trauma Stress Network travel expenses for the Department of Labor, ‘‘(2) USE OF FEES.—Amounts deposited into Initiative, priority shall be given to those the Department of Health and Human Serv- the account established under paragraph (1) centers, that previously received grants, ices, and the Department of Education shall shall remain available to the Secretary of that provide mental health services to chil- be reduced on a pro rata basis by the per- Education until expended for programs and dren affected by Hurricane Katrina and/or centage necessary to decrease the overall projects authorized under the Jacob K. Jav- Rita.’’ amount of such spending by $2,500,000. its Gifted and Talented Students Education Act of 2001 (20 U.S.C. 7253 et seq.).’’. SA 3399. Mr. COBURN submitted an SA 3403. Mrs. FEINSTEIN submitted amendment intended to be proposed by an amendment intended to be proposed SA 3397. Mr. LAUTENBERG sub- him to the bill H.R. 3043, making ap- by her to the bill H.R. 3043, making ap- mitted an amendment intended to be propriations for the Departments of propriations for the Departments of proposed by him to the bill H.R. 3043, Labor, Health and Human Services, Labor, Health and Human Services, making appropriations for the Depart- and Education, and related agencies for and Education, and related agencies for ments of Labor, Health and Human the fiscal year ending September 30, the fiscal year ending September 30, Services, and Education, and related 2008, and for other purposes; which was 2008, and for other purposes; which was agencies for the fiscal year ending Sep- ordered to lie on the table; as follows: ordered to lie on the table; as follows: tember 30, 2008, and for other purposes; At the appropriate place, insert the fol- which was ordered to lie on the table; At the appropriate place, insert the following: lowing: as follows: SEC. ll. None of the funds made available SEC. ll. DEFINITION OF MEMBER OF SPECIAL At the appropriate place in title II, insert in this Act may be used— EXPOSURE COHORT. the following: (1) for the Ombudsman Program of the (a) IN GENERAL.—Section 3621(14) of the En- SEC. ll. (a) Not later than 30 days after Centers for Disease Control and Prevention; ergy Employees Occupational Illness Com- the date of enactment of this Act, the Sec- and pensation Program Act of 2000 (42 U.S.C.

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13112 CONGRESSIONAL RECORD — SENATE October 18, 2007 7384l(14)) is amended by adding at the end the October 18, 2007 at 10:30 a.m. in room SUBCOMMITTE ON OVERSIGHT OF GOVERNMENT following new subparagraph: 406 of the Dirksen Senate Office Build- MANAGEMENT, THE FEDERAL WORKFORCE, ‘‘(D) The employee was so employed for a ing in order to conduct a hearing enti- AND THE DISTRICT OF COLUMBIA number of work days aggregating at least 250 tled, ‘‘Lead and Children’s Health.’’ Mr. BROWN. Mr. President, I ask work days before January 1, 2006, by the De- The PRESIDING OFFICER. Without unanimous consent that the Com- partment of Energy or a Department of En- mittee on Homeland Security and Gov- ergy contractor or subcontractor at the objection, it is so ordered. ernmental Affairs’ Subcommittee on Santa Susana Field Laboratory in Cali- COMMITTEE ON FINANCE Oversight of Government Management, fornia.’’. Mr. BROWN. Mr. President, I ask (b) REAPPLICATION.—A claim that an indi- the Federal Workforce, and the Dis- vidual qualifies, by reason of section unanimous consent that the Com- trict of Columbia be authorized to 3621(14)(D) of the Energy Employees Occupa- mittee on Finance be authorized to meet during the session of the Senate tional Illness Compensation Program Act of meet during the session of the Senate on Thursday, October 18, 2007, at 10 2000 (as added by subsection (a) of this Act), on Thursday, October 18, 2007, at 10 a.m. in order to conduct a hearing enti- for compensation or benefits under such Act a.m., in room 215 of the Dirksen Senate tled, ‘‘The Perils of Politics in Govern- shall be considered for compensation or ben- Office Building, in order to conduct a efits notwithstanding any denial of any ment: A Review of the Scope and En- hearing entitled ‘‘Growing Trade, forcement of the Hatch Act.’’ other claim for compensation with respect to Growing Vigilance: Import Health and such individual. The PRESIDING OFFICER. Without Safety Today and Tomorrow.’’ objection, it is so ordered. f The PRESIDING OFFICER. Without AUTHORITY FOR COMMITTEES TO MEET objection, it is so ordered. f COMMITTEE ON COMMERCE, SCIENCE, AND COMMITTEE ON HOMELAND SECURITY AND PRIVILEGES OF THE FLOOR TRANSPORTATION GOVERNMENTAL AFFAIRS Mr. HARKIN. Mr. President, I ask Mr. BROWN. Mr. President, I ask Mr. BROWN. Mr. President, I ask unanimous consent that David Heck- unanimous consent that the Com- unanimous consent that the Com- man and Kassie Hobbs of my staff be mittee on Commerce, Science, and mittee on Homeland Security and Gov- granted floor privileges for the dura- Transportation be authorized to hold a ernmental Affairs be authorized to tion of today’s session. hearing during the session of the Sen- meet during the session of the Senate The PRESIDING OFFICER. Without ate on Thursday, October 18, 2007, at 10 on Thursday, October 18, 2007, at 3 p.m. objection, it is so ordered. a.m. in room 253 of the Russell Senate in order to consider the nomination of Office Building. the Honorable Ellen C. Williams to be f The hearing will provide general Governor, U.S. Postal Service. DEPARTMENTS OF COMMERCE oversight on current regulatory and The PRESIDING OFFICER. Without AND JUSTICE, AND SCIENCE, programmatic activities at the U.S. objection, it is so ordered. Department of Transportation. The AND RELATED AGENCIES APPRO- Commerce Committee has general COMMITTEE ON THE JUDICIARY PRIATIONS ACT, 2008 Mr. BROWN. Mr. President, I ask oversight jurisdiction over the entire On Tuesday, October 16, 2007, the unanimous consent that the Senate Department and specific authority over Senate passed H.R. 3093, as amended, as Committee on the Judiciary be author- the Federal Aviation Administration, follows: ized to meet in order to continue the Federal Motor Carrier Safety Adminis- H.R. 3093 tration, Federal Railroad Administra- hearing on the nomination of Michael Resolved, That the bill from the House of tion, Federal Maritime Administra- B. Mukasey to be Attorney General of the United States, on Thursday, Octo- Representatives (H.R. 3093) entitled ‘‘An Act tion, Pipeline and Hazardous Materials making appropriations for the Departments Safety Administration, the Research ber 18, 2007 at 10 a.m. in the Hart Sen- of Commerce and Justice, and Science, and and Innovative Technology Adminis- ate Office Building Room 216. Related Agencies for the fiscal year ending tration, and the National Highway Witness list: September 30, 2008, and for other purposes.’’, Traffic Safety Administration, do pass with the following amendment: amongst other entities within the De- Panel I: The Honorable Charles E. Strike out all after the enacting clause and partment. Schumer, United States Senator [D– insert: The PRESIDING OFFICER. Without NY]. The Honorable Joseph Lieberman, objection, it is so ordered. United States Senator [ID–CT]. That the following sums are appropriated, out of any money in the Treasury not otherwise ap- COMMITTEE ON COMMERCE, SCIENCE, AND Panel II: Michael B. Mukasey to be Attorney General of the United States. propriated, for the fiscal year ending September TRANSPORTATION 30, 2008, and for other purposes, namely: Panel III: Dick Thornburgh, Of Coun- Mr. BROWN. Mr. President, I ask TITLE I sel, K&LGates, Washington, DC. Chuck unanimous consent that the Com- DEPARTMENT OF COMMERCE mittee on Commerce, Science, and Canterbury, National President, Fra- INTERNATIONAL TRADE ADMINISTRATION Transportation be authorized to hold a ternal Order of Police, Washington, DC. hearing during the session of the Sen- Rear Admiral John D. Hutson, JAGC, OPERATIONS AND ADMINISTRATION ate on Thursday, October 18, 2007, at USN (Ret.), President and Dean, For necessary expenses for international trade 2:30 p.m., in room 253 of the Russell Franklin Pierce Law Center, Concord, activities of the Department of Commerce provided for by law, and for engaging in trade pro- Senate Office Building. NH. Dawn Johnsen, Professor, Indiana University School of Law, Bloom- motional activities abroad, including expenses of At this hearing, the committee will grants and cooperative agreements for the pur- explore the effects science parks can ington, IN. Theodore M. Shaw, Direc- pose of promoting exports of United States firms, have on innovation and competitive- tor-Counsel and President, NAACP without regard to 44 U.S.C. 3702 and 3703; full ness including encouraging partner- Legal Defense & Educational Fund, medical coverage for dependent members of im- ships with academia, and spurring re- Inc., New York, NY. Mary Jo White, mediate families of employees stationed overseas gional economic development. The Partner, Debevoise & Plimpton LLP and employees temporarily posted overseas; committee also will examine public New York, NY. travel and transportation of employees of the United States and Foreign Commercial Service policy involvement in science park de- The PRESIDING OFFICER. Without objection, it is so ordered. between two points abroad, without regard to 49 velopment. U.S.C. 40118; employment of Americans and The PRESIDING OFFICER. Without SELECT COMMITTEE ON INTELLIGENCE aliens by contract for services; rental of space objection, it is so ordered. Mr. BROWN. Mr. President, I ask abroad for periods not exceeding 10 years, and COMMITTEE ON ENVIRONMENT AND PUBLIC unanimous consent that the Select expenses of alteration, repair, or improvement; WORKS Committee on Intelligence be author- purchase or construction of temporary demount- Mr. BROWN. Mr. President, I ask ized to meet during the session of the able exhibition structures for use abroad; payment of tort claims, in the manner authorized in unanimous consent that the Com- Senate on October 18, 2007 at 2:30 p.m. the first paragraph of 28 U.S.C. 2672 when such mittee on Environment and Public to hold a closed hearing. claims arise in foreign countries; not to exceed Works be authorized to meet during The PRESIDING OFFICER. Without $327,000 for official representation expenses the session of the Senate on Thursday, objection, it is so ordered. abroad; purchase of passenger motor vehicles for

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official use abroad, not to exceed $45,000 per ve- SALARIES AND EXPENSES law, including defense of suits instituted hicle; obtaining insurance on official motor ve- For necessary expenses of administering the against the Under Secretary of Commerce for In- hicles; and rental of tie lines, $425,431,000, to re- economic development assistance programs as tellectual Property and Director of the United main available until September 30, 2009, of provided for by law, $32,800,000: Provided, That States Patent and Trademark Office, which $8,000,000 is to be derived from fees to be these funds may be used to monitor projects ap- $1,915,500,000, to remain available until ex- retained and used by the International Trade proved pursuant to title I of the Public Works pended: Provided, That the sum herein appro- Administration, notwithstanding 31 U.S.C. 3302: Employment Act of 1976, title II of the Trade Act priated from the general fund shall be reduced Provided, That $49,564,000 shall be for Manufac- of 1974, and the Community Emergency Drought as offsetting collections assessed and collected turing and Services; $44,960,000 shall be for Relief Act of 1977. pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and Market Access and Compliance; $66,601,000 shall MINORITY BUSINESS DEVELOPMENT AGENCY 376 are received during fiscal year 2008, so as to be for the Import Administration; $229,702,000 result in a fiscal year 2008 appropriation from MINORITY BUSINESS DEVELOPMENT shall be for the United States and Foreign Com- the general fund estimated at $0: Provided fur- mercial Service; and $26,604,000 shall be for Ex- For necessary expenses of the Department of ther, That during fiscal year 2008, should the ecutive Direction and Administration: Provided Commerce in fostering, promoting, and devel- total amount of offsetting fee collections be less further, That the provisions of the first sentence oping minority business enterprise, including ex- than $1,915,500,000, this amount shall be re- of section 105(f) and all of section 108(c) of the penses of grants, contracts, and other agree- duced accordingly: Provided further, That any Mutual Educational and Cultural Exchange Act ments with public or private organizations, amount received in excess of $1,915,500,000 in fis- of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall $30,200,000. cal year 2008, in an amount up to $100,000,000, apply in carrying out these activities without ECONOMIC AND INFORMATION INFRASTRUCTURE shall remain available until expended: Provided regard to section 5412 of the Omnibus Trade and ECONOMIC AND STATISTICAL ANALYSIS further, That not less than 1,020 full-time Competitiveness Act of 1988 (15 U.S.C. 4912); and SALARIES AND EXPENSES equivalents, 1,082 positions and $214,150,000 that for the purpose of this Act, contributions shall be for the examination of trademark appli- For necessary expenses, as authorized by law, under the provisions of the Mutual Educational cations; and not less than 8,522 full-time equiva- of economic and statistical analysis programs of and Cultural Exchange Act of 1961 shall include lents, 9,000 positions and $1,701,402,000 shall be the Department of Commerce, $85,000,000, to repayment for assessments for services provided as for the examination and searching of patent ap- main available until September 30, 2009. part of these activities: Provided further, That plications: Provided further, That not less than the International Trade Administration shall be BUREAU OF THE CENSUS $18,000,000 shall be for training of personnel: exempt from the requirements of Circular A–25 SALARIES AND EXPENSES Provided further, That any deviation from the (or any successor administrative regulation or For expenses necessary for collecting, com- full-time equivalent, position, and funding des- policy) issued by the Office of Management and piling, analyzing, preparing, and publishing ignations set forth in the preceding provisos Budget: Provided further, That negotiations statistics, provided for by law, $226,238,000. shall be subject to the procedures set forth in shall be conducted within the World Trade Or- PERIODIC CENSUSES AND PROGRAMS section 505 of this Act: Provided further, That ganization to recognize the right of members to from amounts provided herein, not to exceed For expenses to collect and publish statistics distribute monies collected from antidumping $5,000 shall be made available in fiscal year 2008 for periodic censuses and programs provided for and countervailing duties: Provided further, for official reception and representation ex- by law, $1,020,406,000, to remain available until That negotiations shall be conducted within the penses: Provided further, That notwithstanding September 30, 2009. World Trade Organization consistent with the section 1353 of title 31, United States Code, no negotiating objectives contained in the Trade NATIONAL TELECOMMUNICATIONS AND employee of the United States Patent and Act of 2002, Public Law 107–210. INFORMATION ADMINISTRATION Trademark Office may accept payment or reim- BUREAU OF INDUSTRY AND SECURITY SALARIES AND EXPENSES bursement from a non-Federal entity for travel, subsistence, or related expenses for the purpose OPERATIONS AND ADMINISTRATION For necessary expenses, as provided for by law, of the National Telecommunications and of enabling an employee to attend and partici- For necessary expenses for export administra- Information Administration (NTIA), $18,581,000, pate in a convention, conference, or meeting tion and national security activities of the De- to remain available until September 30, 2009: when the entity offering payment or reimburse- partment of Commerce, including costs associ- Provided, That, notwithstanding 31 U.S.C. ment is a person or corporation subject to regu- ated with the performance of export administra- 1535(d), the Secretary of Commerce shall charge lation by the Office, or represents a person or tion field activities both domestically and Federal agencies for costs incurred in spectrum corporation subject to regulation by the Office, abroad; full medical coverage for dependent management, analysis, and operations, and re- unless the person or corporation is an organiza- members of immediate families of employees sta- lated services and such fees shall be retained tion exempt from taxation pursuant to section tioned overseas; employment of Americans and and used as offsetting collections for costs of 501(c)(3) of the Internal Revenue Code of 1986: aliens by contract for services abroad; payment such spectrum services, to remain available until Provided further, That in fiscal year 2008, from of tort claims, in the manner authorized in the expended: Provided further, That the Secretary the amounts made available for ‘‘Salaries and first paragraph of 28 U.S.C. 2672 when such of Commerce is authorized to retain and use as Expenses’’ for the United States Patent and claims arise in foreign countries; not to exceed offsetting collections all funds transferred, or Trademark Office (PTO), the amounts necessary $15,000 for official representation expenses previously transferred, from other Government to pay: (1) the difference between the percentage abroad; awards of compensation to informers agencies for all costs incurred in telecommuni- of basic pay contributed by the PTO and em- under the Export Administration Act of 1979, cations research, engineering, and related ac- ployees under section 8334(a) of title 5, United and as authorized by 22 U.S.C. 401(b); and pur- tivities by the Institute for Telecommunication States Code, and the normal cost percentage (as chase of passenger motor vehicles for official use Sciences of NTIA, in furtherance of its assigned defined by section 8331(17) of that title) of basic and motor vehicles for law enforcement use with functions under this paragraph, and such funds pay, of employees subject to subchapter III of special requirement vehicles eligible for pur- received from other Government agencies shall chapter 83 of that title; and (2) the present chase without regard to any price limitation remain available until expended. value of the otherwise unfunded accruing costs, otherwise established by law, $78,776,000, to re- as determined by the Office of Personnel Man- main available until expended, of which PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND CONSTRUCTION agement, of post-retirement life insurance and $14,767,000 shall be for inspections and other ac- post-retirement health benefits coverage for all For the administration of grants authorized tivities related to national security: Provided, PTO employees, shall be transferred to the Civil by section 392 of the Communications Act of That the provisions of the first sentence of sec- Service Retirement and Disability Fund, the 1934, $20,000,000, to remain available until ex- tion 105(f) and all of section 108(c) of the Mu- Employees Life Insurance Fund, and the Em- pended: Provided, That not to exceed $2,000,000 tual Educational and Cultural Exchange Act of ployees Health Benefits Fund, as appropriate, shall be available for program administration as 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply and shall be available for the authorized pur- authorized by section 391 of the Act: Provided in carrying out these activities: Provided fur- poses of those accounts: Provided further, That further, That, notwithstanding the provisions of ther, That payments and contributions collected sections 801, 802, and 803 of Division B, Public section 391 of the Act, the prior year unobli- and accepted for materials or services provided Law 108–447 shall remain in effect during fiscal gated balances may be made available for grants as part of such activities may be retained for use year 2008: Provided further, That the Director for projects for which applications have been in covering the cost of such activities, and for may reduce patent filing fees payable in 2008 for submitted and approved during any fiscal year. providing information to the public with respect documents filed electronically consistent with to the export administration and national secu- TECHNOLOGY OPPORTUNITIES PROGRAM Federal regulation. rity activities of the Department of Commerce For grants authorized by sections 391 and 392 and other export control programs of the United of the Communications Act of 1934, as amended, NATIONAL INSTITUTE OF STANDARDS AND States and other governments. $10,000,000, to remain available until expended: TECHNOLOGY ECONOMIC DEVELOPMENT ADMINISTRATION Provided, That funds provided under this head- SCIENTIFIC AND TECHNICAL RESEARCH AND ing shall be for competitive grants for the con- ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS SERVICES struction of broadband services. For grants for economic development assist- For necessary expenses of the National Insti- ance as provided by the Public Works and Eco- UNITED STATES PATENT AND TRADEMARK OFFICE tute of Standards and Technology, $502,117,000, nomic Development Act of 1965, and for trade SALARIES AND EXPENSES to remain available until expended, of which adjustment assistance, $250,000,000, to remain For necessary expenses of the United States not to exceed $12,500,000 may be transferred to available until expended. Patent and Trademark Office provided for by the ‘‘Working Capital Fund’’: Provided, That

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not to exceed $7,500 shall be for official recep- eral fund, $80,000,000 is provided by transfer, PROCUREMENT, ACQUISITION AND CONSTRUCTION tion and representation expenses. and $5,000,000 is derived from recoveries of prior For procurement, acquisition and construction INDUSTRIAL TECHNOLOGY SERVICES year obligations: Provided further, That of the of capital assets, including alteration and modi- For necessary expenses of the Hollings Manu- funds provided under this heading, $250,000 is fication costs, of the National Oceanic and At- facturing Extension Partnership of the National made available until expended subject to proce- mospheric Administration, $1,089,000,000, to re- Institute of Standards and Technology, dures set forth in section 209 of Public Law 108– main available until September 30, 2009, except $110,000,000, to remain available until expended. 447: Provided further, That no general adminis- funds provided for construction of facilities In addition, for necessary expenses of the Ad- trative charge shall be applied against an as- which shall remain available until expended: vanced Technology Program of the National In- signed activity included in this Act or the report Provided, That of the amounts provided for the stitute of Standards and Technology, accompanying this Act: Provided further, That National Polar-orbiting Operational Environ- $100,000,000, to remain available until expended, the total amount available for the National Oce- mental Satellite System, funds shall only be of which not to exceed $1,500,000 shall be for In- anic and Atmospheric Administration corporate made available on a dollar-for-dollar matching services administrative support costs shall not stitutional Support: Provided, That no single basis with funds provided for the same purpose exceed $209,179,000: Provided further, That pay- applicant awards shall be made to companies by the Department of Defense: Provided further, ments of funds made available under this head- with revenues greater than $1,000,000,000: Pro- That except to the extent expressly prohibited by ing to the Department of Commerce Working vided further, That funds shall not support any other law, the Department of Defense may Capital Fund including Department of Com- Standards Development pursuant to 15 U.S.C. delegate procurement functions related to the merce General Counsel legal services shall not 278n(h). National Polar-orbiting Operational Environ- exceed $34,425,000: Provided further, That any mental Satellite System to officials of the De- CONSTRUCTION OF RESEARCH FACILITIES deviation from the amounts designated for spe- partment of Commerce pursuant to section 2311 For construction of new research facilities, in- cific activities in the report accompanying this of title 10, United States Code: Provided further, cluding architectural and engineering design, Act, or any use of deobligated balances of funds and for renovation and maintenance of existing provided under this heading in previous years, That any deviation from the amounts des- facilities, including agency recreational and shall be subject to the procedures set forth in ignated for specific activities in the report ac- welfare facilities, not otherwise provided for the section 505 of this Act: Provided further, That companying this Act, or any use of deobligated National Institute of Standards and Tech- grants to States pursuant to sections 306 and balances of funds provided under this heading nology, as authorized by 15 U.S.C. 278c–278e, 306A of the Coastal Zone Management Act of in previous years, shall be subject to the proce- $150,900,000, to remain available until expended: 1972, as amended, shall not exceed $2,000,000, dures set forth in section 505 of this Act. Provided, That the Secretary of Commerce shall unless funds provided for ‘‘Coastal Zone Man- PACIFIC COASTAL SALMON RECOVERY include in the budget justification materials agement Grants’’ exceed funds provided in the For necessary expenses associated with the that the Secretary submits to Congress in sup- previous fiscal year: Provided further, That if restoration of Pacific salmon populations, port of the Department of Commerce budget (as funds provided for ‘‘Coastal Zone Management $90,000,000. submitted with the budget of the President Grants’’ exceed funds provided in the previous COASTAL ZONE MANAGEMENT FUND under section 1105(a) of title 31, United States fiscal year, then no State shall receive more Code) an estimate for each National Institute of than 5 percent or less than 1 percent of the ad- (INCLUDING TRANSFER OF FUNDS) Standards and Technology construction project ditional funds: Provided further, That for fiscal Of amounts collected pursuant to section 308 having a total multi-year program cost of more year 2008 and hereafter the Administrator of the of the Coastal Zone Management Act of 1972 (16 than $5,000,000 and simultaneously the budget National Oceanic and Atmospheric Administra- U.S.C. 1456a), not to exceed $3,000,000 shall be justification materials shall include an estimate tion may engage in formal and informal edu- transferred to the ‘‘Operations, Research, and of the budgetary requirements for each such cation activities, including primary and sec- Facilities’’ account to offset the costs of imple- project for each of the five subsequent fiscal ondary education, related to the agency’s mis- menting such Act. sion goals: Provided further, That in accordance years: Provided further, That notwithstanding FISHERIES FINANCE PROGRAM ACCOUNT any other provision of law, of the amount made with section 215 of Public Law 107–372 the num- available for construction of research facilities, ber of officers in the NOAA Commissioned Offi- Subject to section 502 of the Congressional $8,000,000 shall be for the University of Mis- cer Corps shall increase to 321: Provided further, Budget Act of 1974, during fiscal year 2008, obli- sissippi Medical Center Biotechnology Research That for fiscal year 2009 and hereafter the Na- gations of direct loans may not exceed $8,000,000 Park; $8,000,000 shall be for the Mississippi tional Oceanic and Atmospheric Administration for Individual Fishing Quota loans as author- State University Research, Technology and Eco- shall submit its budget request to Congress con- ized by the Merchant Marine Act of 1936. nomic Development Park; $2,000,000 shall be for currently with its submission to the Office of OTHER Management and Budget: Provided further, the University of Southern Mississippi Innova- DEPARTMENTAL MANAGEMENT tion and Commercialization Park Infrastructure That of the funds provided, $15,000,000 is pro- SALARIES AND EXPENSES and Building Construction and Equipage; vided for the alleviation of economic impacts as- $5,000,000 shall be for the Alabama State Uni- sociated Framework 42 on the Massachusetts For expenses necessary for the departmental versity Life Sciences Building; and $30,000,000 groundfish fishery: Provided further, That of management of the Department of Commerce shall be for laboratory and research space at the the funds available for the Ocean Research Pri- provided for by law, including not to exceed University of South Alabama Engineering and orities Plan Implementation, such sums as may $5,000 for official entertainment, $53,193,000: Science Center. be necessary may be set aside to initiate the Provided, That of the amounts provided to the study to be completed within 2 years on acidifi- Secretary within this account, $10,000,000 shall NATIONAL OCEANIC AND ATMOSPHERIC cation of the oceans and how this process af- not become available for obligation until the ADMINISTRATION fects the United States as authorized by section Secretary certifies to the Committees on Appro- OPERATIONS, RESEARCH, AND FACILITIES 701 of the Magnuson-Stevens Fishery Conserva- priations that the Bureau of the Census has fol- (INCLUDING TRANSFERS OF FUNDS) tion and Management Reauthorization Act of lowed, and met all best practices, and all Office For necessary expenses of activities author- 2006 (Public Law 109–479; 120 Stat. 3649): Pro- of Management and Budget guidelines related ized by law for the National Oceanic and At- vided further, That of the funds provided, not to information technology projects: Provided mospheric Administration, including mainte- less than $15,000,000 shall be available to carry further, That the Secretary, within 120 days of nance, operation, and hire of aircraft and ves- out activities under section 315 of the Magnu- enactment of this Act, shall provide a report to sels; grants, contracts, or other payments to son-Stevens Fishery Conservation and Manage- the Committees on Appropriations that audits nonprofit organizations for the purposes of con- ment Act (8 U.S.C. 1864): Provided further, That and evaluates all decision documents and ex- ducting activities pursuant to cooperative agree- of the funds provided under this heading for the penditures by the Bureau of the Census as they ments; and relocation of facilities, $3,036,888,000, Office of Response and Restoration funds may relate to the 2010 Census: Provided further, to remain available until September 30, 2008, ex- be used from the Damage Assessment Restora- That the Secretary, within 120 days of the en- cept for funds provided for cooperative enforce- tion Revolving Fund for sampling, and analysis actment of this Act, shall provide a report to ment, which shall remain available until Sep- related to the disposal of obsolete vessels owned Congress that is publicly available on the Bu- tember 30, 2009: Provided, That fees and dona- or operated by the Federal Government in reau’s website on the steps that the Census Bu- tions received by the National Ocean Service for Suisun Bay, California: Provided further, That reau will take to allow citizens the opportunity the management of national marine sanctuaries of the funds provided under this heading, up to to complete the decennial census and the Amer- may be retained and used for the salaries and $275,000 may be available for the purchase and ican Community Survey over the Internet. expenses associated with those activities, not- distribution of bycatch reduction devices to HCHB RENOVATION AND MODERNIZATION withstanding 31 U.S.C. 3302: Provided further, shrimpers in areas of the Gulf Coast impacted For expenses necessary for the renovation and That in addition, $3,000,000 shall be derived by by Hurricane Rita or Hurricane Katrina during modernization of the Herbert C. Hoover Build- transfer from the fund entitled ‘‘Coastal Zone 2005. ing, $5,100,000, to remain available until ex- Management’’ and in addition $77,000,000 shall In addition, for necessary retired pay expended. be derived by transfer from the fund entitled penses under the Retired Serviceman’s Family ‘‘Promote and Develop Fishery Products and Protection and Survivor Benefits Plan, and for OFFICE OF INSPECTOR GENERAL Research Pertaining to American Fisheries’’: payments for the medical care of retired per- For necessary expenses of the Office of In- Provided further, That of the $3,121,888,000 pro- sonnel and their dependents under the Depend- spector General in carrying out the provisions of vided for in direct obligations under this head- ents Medical Care Act (10 U.S.C. ch. 55), such the Inspector General Act of 1978 (5 U.S.C. ing $3,036,888,000 is appropriated from the gen- sums as may be necessary. App.), $23,426,000.

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 6333 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13115

NATIONAL INTELLECTUAL PROPERTY LAW the Emergency Steel Loan Guarantee Act of 1999 the habitat for the endangered Hawaiian monk ENFORCEMENT COORDINATION COUNCIL (15 U.S.C. 1841 note) is amended by striking ‘‘, seal, threatened Hawaiian green sea turtle and For necessary expenses of the National Intel- in 1998’’ and inserting ‘‘in 1998, and there- other marine species. The Presidential lectual Property Law Enforcement Coordination after,’’. proclamation will phase out all commercial fish- Council to coordinate domestic and inter- (d) SALARIES AND ADMINISTRATIVE EX- ing by June 15, 2011. The Secretary of Commerce national intellectual property protection and PENSES.—The Emergency Steel Loan Guarantee is authorized to conduct a voluntary capacity law enforcement relating to intellectual property Act of 1999 (15 U.S.C. 1841 note) is amended by reduction program to remove all commercial among Federal and foreign entities, $1,000,000. adding at the end the following: fishing capacity in the area prior to that date. GENERAL PROVISIONS—DEPARTMENT OF ‘‘SEC. 103. SALARIES AND ADMINISTRATIVE EX- (b) REGULATIONS.—The Secretary shall pro- PENSES. COMMERCE mulgate regulations for the voluntary capacity ‘‘(a) In addition to funds made available reduction program that: (INCLUDING TRANSFER OF FUNDS) under section 101(j) of the Emergency Steel (1) identifies eligible participants as those in- SEC. 101. During the current fiscal year, appli- Loan Guarantee Act of 1999 (15 U.S.C. 1841 dividuals engaged in commercial fishing in the cable appropriations and funds made available note), up to $1,000,000 in funds made available designated waters within the to the Department of Commerce by this Act shall under section 101(f) of such Act may be used for Papaha¯ naumokua¯ kea Marine National Monu- be available for the activities specified in the salaries and administrative expenses to admin- ment pursuant to a valid commercial Federal Act of October 26, 1949 (15 U.S.C. 1514), to the ister the Emergency Steel Loan Guarantee Pro- fishing permit in the 2006 fishing season; extent and in the manner prescribed by the Act, gram. (2) provides a mechanism to compensate eligi- and, notwithstanding 31 U.S.C. 3324, may be ‘‘(b) Funds made available for salaries and ble participants for no more than the economic used for advanced payments not otherwise au- administrative expenses to administer the Emer- value of their permits, their vessels or vessel en- thorized only upon the certification of officials gency Steel Loan Guarantee Program shall re- dorsements, and fishing gear; designated by the Secretary of Commerce that main available until expended.’’. (3) ensures that commercial fishing vessels of such payments are in the public interest. SEC. 106. Notwithstanding any other provision eligible participants cannot be used in fishing SEC. 102. During the current fiscal year, ap- of law, no funds appropriated under this Act anywhere in the world; propriations made available to the Department shall be used to register, issue, transfer, or en- (4) for the commercial fishing vessels of eligi- of Commerce by this Act for salaries and ex- force any trademark of the phrase ‘‘Last Best ble participants, ensures penses shall be available for hire of passenger Place’’. (A) that documentation be provided showing motor vehicles as authorized by 31 U.S.C. 1343 SEC. 107. Section 3315(b) of title 19, United that such vessel has been scrapped or scuttled and 1344; services as authorized by 5 U.S.C. States Code, is amended by inserting ‘‘, includ- or, 3109; and uniforms or allowances therefor, as ing food when sequestered,’’ following ‘‘for the (B) that the Secretary of the department in authorized by law (5 U.S.C. 5901–5902). establishment and operations of the United which the Coast Guard is operating places a SEC. 103. Not to exceed 5 percent of any ap- States Section and for the payment of the title restriction on the fishing vessel perma- propriation made available for the current fiscal United States share of the expenses’’. nently prohibiting and effectively preventing its year for the Department of Commerce in this Act SEC. 108. Notwithstanding the requirements of use in fishing, and may be transferred between such appropria- subsection 4703(d), the personnel management (C) that the vessel must remain in Federal tions, but no such appropriation shall be in- demonstration project established by the Depart- documentation and that the Maritime Adminis- creased by more than 10 percent by any such ment of Commerce pursuant to 5 U.S.C. 4703 tration will prohibit the reflagging of the vessel. transfers: Provided, That any transfer pursuant may be expanded to involve more than 5,000 in- (c) AUTHORIZATION.—There is authorized no to this section shall be treated as a reprogram- dividuals, and is extended indefinitely. more than $7,500,000 and there is appropriated ming of funds under section 505 of this Act and SEC. 109. (a) The Stevenson-Wydler Tech- $7,500,000 of the amount provided in this Act for shall not be available for obligation or expendi- nology Innovation Act of 1980 (Public Law 96– National Oceanic and Atmospheric Administra- ture except in compliance with the procedures 480), as amended, is amended by: tion’s ‘‘Operations, research, and facilities’’ to set forth in that section: Provided further, That (1) deleting section 5; implement this program. the Secretary of Commerce shall notify the Sen- (2) deleting paragraphs (1) and (3) of section (d) CLARIFICATION.—Nothing in this section is ate Committee on Appropriations at least 15 4; and intended to enlarge or diminish Federal or State days in advance of the acquisition or disposal of (3) redesignating paragraphs (2) and (4) title, jurisdiction, or authority with respect to any capital asset (including land, structures, through (13) as paragraphs (1) through (11). the waters of the Northwestern Hawaiian Is- and equipment) not specifically provided for in (b) Section 212(b) of the National Technical lands or the tidal or submerged lands under any this or any other Departments of Commerce, Information Act of 1988 (Public Law 100–519), as provision of State or Federal law. Justice, Science, and Related Agencies Appro- amended, is amended by striking ‘‘Under Sec- SEC. 113. NIST BUILDING 1 EXTENSION. Of the priations Act: Provided further, That for the retary of Commerce for Technology’’ and insert- funds appropriated elsewhere in this Act, National Oceanic and Atmospheric Administra- ing ‘‘Director of the National Institute of Stand- $28,000,000 are available for obligation and ex- tion this section shall provide for transfers ards and Technology’’. penditure as an additional increment to funds among appropriations made only to the Na- SEC. 110. The Secretary of Commerce is per- previously appropriated for this project. These tional Oceanic and Atmospheric Administration mitted to prescribe and enforce standards or reg- funds may be expended incrementally through and such appropriations may not be transferred ulations affecting safety and health in the con- multiple year contracts for design, construction and reprogrammed to other Department of Com- text of scientific and occupational diving within and related activities for the Building 1 Exten- merce bureaus and appropriation accounts. the National Oceanic and Atmospheric Adminis- sion; and remain available until expended. SEC. 104. Any costs incurred by a department tration. SEC. 114. LIMITATIONS ON SATELLITE ACQUISI- or agency funded under this title resulting from SEC. 111. NOAA PACIFIC REGIONAL CENTER. TIONS BY THE DEPARTMENT OF COMMERCE. (a) personnel actions taken in response to funding (a) IN GENERAL.—The National Oceanic and At- CERTIFICATION.— reductions included in this title or from actions mospheric Administration (NOAA) is authorized (1) REQUIREMENT FOR CERTIFICATION.—Prior taken for the care and protection of loan collat- to engage in planning, design, acquisition, ren- to the date that the certification described in eral or grant property shall be absorbed within ovation, construction and related activities to paragraph (2) is made, the Secretary may not— the total budgetary resources available to such complete NOAA’s Pacific Regional Center on (A) obligate funds provided by this Act or by department or agency: Provided, That the au- Ford Island, Hawaii, consisting of the fol- previous appropriations Acts to acquire sat- thority to transfer funds between appropriations lowing: adaptive re-use and renovation of hang- ellites; or accounts as may be necessary to carry out this ars 175 and 176, and construction of a new (B) receive approval of— section is provided in addition to authorities in- interconnecting building and other related (i) a major milestone; or cluded elsewhere in this Act: Provided further, structures. Funds are hereby authorized to be (ii) a key decision point. That use of funds to carry out this section shall appropriated for fiscal years beginning after (2) CONTENT OF CERTIFICATION.—The certifi- be treated as a reprogramming of funds under September 2007 for purposes of completing the cation described in this paragraph is a certifi- section 505 of this Act and shall not be available Center. cation made by the Secretary and the Director for obligation or expenditure except in compli- (b) INCREMENTAL FUNDING.—Of the funds ap- that— ance with the procedures set forth in that sec- propriated elsewhere in this Act, $20,250,000 are (A) the technology utilized in the satellites tion. available for obligation and expenditure as an has been demonstrated in a relevant environ- SEC. 105. EXTENSION OF GUARANTEE AUTHOR- additional increment to funds previously appro- ment; ITY. (a) IN GENERAL.—Section 101(k) of the priated for the NOAA Pacific Regional Center. (B) the program has demonstrated a high like- Emergency Steel Loan Guarantee Act of 1999 (15 These funds may be expended incrementally lihood of accomplishing the its intended goals; U.S.C. 1841 note) is amended by striking ‘‘2007’’ through multiple year contracts for design, con- and and inserting ‘‘2009’’. struction and related activities for the Center; (C) the acquisition of satellites for use in the (b) CONFORMING AMENDMENTS.—Paragraphs and remain available until expended. program represents a good value— (1) and (2) of section 101(b) of the Emergency SEC. 112. PAPAHA¯ NAUMOKUA¯ KEA FISHERY RE- (i) in consideration of the per unit cost and Steel Loan Guarantee Act of 1999 (15 U.S.C. 1841 DUCTION. (a) IN GENERAL.—The the total acquisition cost of the program and in note) are each amended by striking ‘‘in 1998’’ Papa¯ naumokua¯ kea Marine National Monument the context of the total resources available for and inserting ‘‘since 1998’’. was created by Presidential proclamation on the fiscal year in which the certification is made (c) DEFINITION OF QUALIFIED STEEL COM- June 15, 2006 to protect more than 7,000 marine and the future out-year budget projections for PANY.—Subparagraph (C) of section 101(c)(3) of and terrestrial species including protection for the Department of Commerce; and

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 6333 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13116 CONGRESSIONAL RECORD — SENATE October 18, 2007 (ii) in consideration of the ability of the Sec- (A) completed not later than 6 months after (B) what other measures of economic analysis retary to accomplish the goals of the program the date of that the Secretary determines that should be used to accurately reflect the using alternative systems. the cost of the program exceeds 15 percent more globalization of economic activity and (3) SUBMISSION TO CONGRESS.—Not later than than the baseline cost of the program; and offshoring of domestic production. the 30 days after the date of the enactment of (B) submitted to the appropriate congressional (d) The report required by subsection (b) shall this Act, the Secretary and the Director shall committees not later than 30 days after the date be completed and submitted to Congress not submit to the appropriate congressional commit- the analysis is completed. later than 18 months after the date of the con- tees— (3) CLARIFICATION OF COST ESCALATION.—For tract described in subsection (b). (A) the certification described in paragraph the purposes of determining whether cost of the SEC. 117. (a) IN GENERAL.—The Secretary of (2); or Geostationary Operational Environmental Sat- Commerce may— (B) a report on the reasons that such certifi- ellite Program exceeds 15 percent more than the (1) develop, maintain, and make public a list cation cannot be made. baseline cost under paragraph (1), the baseline of vessels and vessel owners engaged in illegal, (b) DEFINITIONS.—In this section: cost of the such Program is $6,960,000,000. unreported, or unregulated fishing, including (1) APPROPRIATE CONGRESSIONAL COMMIT- SEC. 115. INTANGIBLE ASSETS INVESTMENT vessels or vessel owners identified by an inter- TEES.—The term ‘‘appropriate congressional STUDY. (a) IN GENERAL.—Not later than 60 days national fishery management organization, committees’’ means— after the date of the enactment of this Act, the whether or not the United States is a party to (A) the Committee on Appropriations and the Director of the Bureau of Economic Analysis of the agreement establishing such organization; Committee on Commerce, Science, and Transpor- the Department of Commerce shall enter into an and tation of the Senate; and agreement with the Council of the National (2) take appropriate action against listed ves- (B) the Committee on Appropriations and the Academy of Sciences to conduct a study, which sels and vessel owners, including action against Committee on Science and Technology of the shall— fish, fish parts, or fish products from such ves- House of Representatives. (1) recommend steps to improve the measure- sels, in accordance with applicable United (2) DIRECTOR.—The term ‘‘Director’’ means ment of intangible assets and their incorpora- States law and consistent with applicable inter- the Director of the Office of Management and tion in the National Income and Product Ac- national law, including principles, rights, and Budget. counts; obligations established in applicable inter- (3) KEY DECISION POINT.—The term ‘‘key deci- (2) identify and estimate the size of the Fed- national fishery management and trade agree- sion point’’ means the initiation of procurement eral Government’s investment in intangible as- for a major system or subsystem of a program. ments. sets; ESTRICTIONS ON ORT CCESS OR SE (4) MAJOR MILESTONE APPROVAL.—The term (b) R P A U .— (3) survey other countries’ efforts to measure ‘‘major milestone approval’’ means a decision to Action taken by the Secretary under subsection and promote investments in intangible assets; enter into development of a system for a pro- (a)(2) that include measures to restrict use of or and access to ports or port services shall apply to all gram. (4) recommend policies to accelerate private (5) PROGRAM.—The term ‘‘program’’ means ports of the United States and its territories. and public investment in the types of intangible the programs of the National Oceanic and At- (c) REGULATIONS.—The Secretary may promul- assets most likely to contribute to economic mospheric Administration for which satellites gate regulations to implement this section. growth. will be acquired. This title may be cited as the ‘‘Department of (b) COMPLETION.—The National Academy of (6) SATELLITE.—The term ‘‘satellite’’ means Commerce Appropriations Act, 2008’’. Sciences shall complete the study described in the satellites proposed to be acquired for the Na- TITLE II subsection (a) not later than 18 months after the tional Oceanic and Atmospheric Administration, date on which the agreement described in sub- DEPARTMENT OF JUSTICE other than the National Polar-orbiting Oper- section (a) was signed. GENERAL ADMINISTRATION ational Environmental Satellite System (c) FUNDING.—From the funds appropriated (NPOESS). SALARIES AND EXPENSES for economic and statistical analysis under this (7) SECRETARY.—The term ‘‘Secretary’’ means For expenses necessary for the administration title, the Secretary of Commerce may set aside the Secretary of Commerce. of the Department of Justice, $104,777,000, of sufficient amounts to complete the study de- (c) INDEPENDENT COST ESTIMATES.— which not to exceed $3,317,000 is for security (1) REQUIREMENT.—The Secretary may not ap- scribed in subsection (a). and construction of Department of Justice facili- prove the development or acquisition of a pro- SEC. 116. UNITED STATES ECONOMIC DATA. (a) ties, to remain available until expended: Pro- gram unless an independent estimate of the full Of the funds provided in this title for Economic vided, That the Attorney General is authorized life-cycle cost of the program has been consid- and Information Infrastructure under the head- to transfer funds appropriated within General ered by the Secretary. ing ‘‘ECONOMIC AND STATISTIC ANALYSIS’’, Administration to any office in this account: (2) REGULATIONS.—The Secretary shall pre- $950,000 may be used to carry out the study and Provided further, That no appropriations for scribe regulations governing the content and report required under this section. any office within General Administration shall submission of the estimate required by para- (b) Not later than 60 days after the date of the be increased or decreased by more than 5 per- graph (1). The regulations shall require that enactment of this Act, the Secretary of Com- cent by all such transfers: Provided further, each such estimate— merce shall enter into a contract with the Na- That $12,684,000 is for Department Leadership; (A) be prepared by an office or other entity tional Academy of Sciences to conduct a study $7,664,000 is for Intergovernmental Relations/Ex- that is not under the supervision of the Under and report on whether the import price data ternal Affairs; $11,832,000 is for Executive Sup- Secretary of Oceans and Atmosphere; and published by the Bureau of Labor Statistics and port/Professional Responsibility; and $72,597,000 (B) include all costs of development, procure- other economic data collected by the United is for the Justice Management Division: Pro- ment, construction, operations, maintenance, States accurately reflect the economic condition vided further, That any change in funding and management of the program. of the United States. greater than 5 percent shall be submitted for ap- (d) REQUIREMENT FOR ANALYSIS IF UNIT COSTS (c)(1) The report required by subsection (b) proval to the Senate Committee on Appropria- EXCEED 15 PERCENT.— shall include an analysis of the methods used to tions consistent with the terms of section 505 of (1) REQUIREMENT.—If the percentage increase determine the condition of the United States this Act: Provided further, That this transfer in the acquisition cost of a program in which economy and shall address— authority is in addition to transfers authorized the acquisition unit cost or procurement unit (A) whether the statistical measure of the under section 505 of this Act: Provided further, cost exceeds 15 percent more than the baseline United States economy correctly interprets the That not to exceed $30,000 shall be available for cost of the program, the Secretary shall initiate impact of imports and outsourced production; official reception and representation expenses: an analysis of the program. Such analysis of al- (B) whether the statistical measures of the Provided further, That $10,000,000 shall only be ternatives shall include, at a minimum, the fol- United States economy result in an accurate re- used to address the health safety and security lowing: port of United States gross domestic product issues identified in the United States Depart- (A) The projected cost to complete the program (GDP), productivity, and other aspects of eco- ment of Justice, Office of Inspector General Re- if current requirements are not modified. nomic performance; port I–2007–008. (B) The projected cost to complete the program (C) whether the impact of imports on United JUSTICE INFORMATION SHARING TECHNOLOGY based on potential modifications to the require- States manufacturing levels and competitiveness For necessary expenses for information shar- ments. is accurately reported; and (C) The projected cost to complete the program (D) whether other countries are accounting ing technology, including planning, develop- based on design modifications, enhancements to for import prices more accurately or frequently ment, deployment and Departmental direction, the producibility of the program, and other effi- than the United States. $95,795,000, to remain available until expended: ciencies. (2) If the findings of the report indicate that Provided, That, of the funds available, up to (D) The projected cost and capabilities of the the methods used for accounting for imported $21,000,000 is for the unified financial manage- program that could be delivered within the goods and United States wages result in over- ment system to be administered by the Unified originally authorized budget for the program, stating economic growth, domestic manufac- Financial Management System Executive Coun- including any increase or decrease in capability. turing output, and productivity growth, the re- cil. (E) The projected costs for an alternative sys- port shall include recommendations with respect TACTICAL LAW ENFORCEMENT WIRELESS tem or capability. to— COMMUNICATIONS (2) SUBMISSION TO CONGRESS.—The analysis of (A) what actions should be taken to produce For the costs of conversion to narrowband alternatives required under paragraph (1) with more accurate import price indices on a regular communications, including the cost for oper- respect to a program shall be— basis; and ation and maintenance of Land Mobile Radio

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 6333 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13117 legacy systems, $76,353,000, to remain available fer such amounts to ‘‘Salaries and Expenses, nishings, relocations, and telephone systems until September 30, 2009: Provided, That the At- General Legal Activities’’ from available appro- and cabling, and shall remain available until torney General shall transfer to this account all priations for the current fiscal year for the De- expended: Provided further, That an additional funds made available to the Department of Jus- partment of Justice, as may be necessary to re- $7,845,000 shall be available to carry out the tice for the purchase of portable and mobile ra- spond to such circumstances: Provided further, Adam Walsh Child Protection and Safety Act of dios: Provided further, That any transfer made That any transfer pursuant to the previous pro- 2006 offset by a reduction in the amount avail- under the preceding proviso shall be subject to viso shall be treated as a reprogramming under able for the Advanced Technology Program section 505 of this Act: Provided further, That section 505 of this Act and shall not be available under the heading ‘‘INDUSTRIAL TECHNOLOGY the Attorney General shall transfer to the for obligation or expenditure except in compli- SERVICES’’ in title I of $7,845,000. ‘‘Narrowband Communications/Integrated Wire- ance with the procedures set forth in that sec- CONSTRUCTION less Network’’ account all funds made available tion: Provided further, That in addition there is For construction in space controlled, occu- in this Act to the Department of Justice for the hereby appropriated $6,833,000 for reimburse- pied, or utilized by the United States Marshals purchase of portable and mobile radios and re- ment of expenses of the Department of Justice Service, $8,015,000, to remain available until ex- lated infrastructure and any transfer made associated with processing cases under the Na- pended. under this section shall be subject to section 505 tional Childhood Vaccine Injury Act of 1986, to FEES AND EXPENSES OF WITNESSES of this Act. be appropriated from the Vaccine Injury Com- For fees and expenses of witnesses, for ex- pensation Trust Fund. ADMINISTRATIVE REVIEW AND APPEALS penses of contracts for the procurement and su- For expenses necessary for the administration ANTITRUST DIVISION pervision of expert witnesses, for private counsel of pardon and clemency petitions and immigra- SALARIES AND EXPENSES expenses, including advances, and for expenses tion-related activities, $251,499,000, of which For expenses necessary for the enforcement of of foreign counsel, $168,300,000, to remain avail- $4,000,000 shall be derived by transfer from the antitrust and kindred laws, $155,097,000, to re- able until expended: Provided, That, not to ex- Executive Office for Immigration Review fees de- main available until expended: Provided, That, ceed $10,000,000 may be made available for con- posited in the ‘‘Immigration Examinations Fee’’ notwithstanding any other provision of law, not struction of buildings for protected witness account: Provided, That $4,000,000 shall be ex- to exceed $139,000,000 of offsetting collections safesites: Provided further, That not to exceed pended on the Executive Office for Immigration derived from fees collected for premerger notifi- $3,000,000 may be made available for the pur- Review’s Legal Orientation Programs. cation filings under the Hart-Scott-Rodino Anti- chase and maintenance of armored and other DETENTION TRUSTEE trust Improvements Act of 1976 (15 U.S.C. 18a), vehicles for witness security caravans: Provided For necessary expenses of the Federal Deten- regardless of the year of collection, shall be re- further, That not to exceed $9,000,000 may be tion Trustee, $1,265,872,000: Provided, That the tained and used for necessary expenses in this made available for the purchase, installation, Trustee shall be responsible for managing the appropriation, and shall remain available until maintenance, and upgrade of secure tele- Justice Prisoner and Alien Transportation Sys- expended: Provided further, That the sum here- communications equipment and a secure auto- tem and for overseeing housing related to such in appropriated from the general fund shall be mated information network to store and retrieve detention: Provided further, That any unobli- reduced as such offsetting collections are re- the identities and locations of protected wit- gated balances available in prior years from the ceived during fiscal year 2008, so as to result in nesses. funds appropriated under the heading ‘‘Federal a final fiscal year 2008 appropriation from the COMMUNITY RELATIONS SERVICE Prisoner Detention’’ shall be transferred to and general fund estimated at not more than SALARIES AND EXPENSES merged with the appropriation under the head- $16,097,000. For necessary expenses of the Community Re- ing ‘‘Detention Trustee’’ and shall be available UNITED STATES ATTORNEYS lations Service, $10,230,000: Provided, That not- until expended: Provided further, That funds SALARIES AND EXPENSES withstanding section 105 of this Act, upon a de- not to exceed $5,000,000 shall be considered For necessary expenses of the Offices of the termination by the Attorney General that emer- ‘‘funds appropriated for State and local law en- United States Attorneys, including inter-govern- gent circumstances require additional funding forcement assistance’’ pursuant to 18 U.S.C. mental and cooperative agreements, for conflict resolution and violence prevention 4013(b). $1,747,822,000: Provided, That of the total activities of the Community Relations Service, OFFICE OF INSPECTOR GENERAL amount appropriated, not to exceed $8,000,000 the Attorney General may transfer such For necessary expenses of the Office of In- shall be available for official reception and rep- amounts to the Community Relations Service, spector General, $73,700,000, including not to ex- resentation expenses: Provided further, That not from available appropriations for the current ceed $10,000 to meet unforeseen emergencies of a to exceed $20,000,000 shall remain available until fiscal year for the Department of Justice, as may confidential character: Provided, That within expended. be necessary to respond to such circumstances: 200 days of enactment of this Act, the Inspector UNITED STATES TRUSTEE SYSTEM FUND Provided further, That any transfer pursuant to General shall conduct an audit and issue a re- the previous proviso shall be treated as a re- For necessary expenses of the United States port to the Committees on Appropriations of all programming under section 505 of this Act and Trustee Program, as authorized, $231,899,000, to expenses of the legislative and public affairs of- shall not be available for obligation or expendi- remain available until expended and to be de- fices at each location of the Justice Department, ture except in compliance with the procedures rived from the United States Trustee System its bureaus and agencies, including but not lim- set forth in that section: Provided further, That Fund: Provided, That, notwithstanding any ited to every field office and headquarters com- of the amount appropriated under this heading, other provision of law, deposits to the Fund ponent; the audit shall include any and all ex- $2,000,000 shall be used for salaries and expenses shall be available in such amounts as may be penses related to these activities. for hiring additional conciliators for the re- necessary to pay refunds due depositors: Pro- gional offices of the Community Relations Serv- UNITED STATES PAROLE COMMISSION vided further, That, notwithstanding any other ice of the Department of Justice: Provided fur- SALARIES AND EXPENSES provision of law, $184,000,000 of offsetting collec- ther, That not less than 3 of the conciliators For necessary expenses of the United States tions pursuant to 28 U.S.C. 589a(b) shall be re- hired under the preceding proviso shall be em- Parole Commission as authorized, $12,194,000. tained and used for necessary expenses in this ployed in region 6. LEGAL ACTIVITIES appropriation and shall remain available until expended: Provided further, That the sum here- ASSETS FORFEITURE FUND GENERAL LEGAL ACTIVITIES in appropriated from the Fund shall be reduced For expenses authorized by subparagraphs SALARIES AND EXPENSES as such offsetting collections are received during (B), (F), and (G) of section 524(c)(1) of title 28, (INCLUDING TRANSFER OF FUNDS) fiscal year 2008, so as to result in a final fiscal United States Code, $20,990,000, to be derived For expenses necessary for the legal activities year 2008 appropriation from the Fund esti- from the Department of Justice Assets Forfeiture of the Department of Justice, not otherwise pro- mated at $0. Fund. vided for, including not to exceed $20,000 for ex- FOREIGN CLAIMS SETTLEMENT COMMISSION NATIONAL SECURITY DIVISION penses of collecting evidence, to be expended SALARIES AND EXPENSES SALARIES AND EXPENSES under the direction of, and to be accounted for For expenses necessary to carry out the activi- For expenses necessary to carry out the activi- solely under the certificate of, the Attorney ties of the Foreign Claims Settlement Commis- ties of the National Security Division, General; and rent of private or Government- sion, including services as authorized by section $78,056,000; of which not to exceed $5,000,000 for owned space in the District of Columbia, 3109 of title 5, United States Code, $1,709,000. information technology systems shall remain $753,000,000, of which not to exceed $10,000,000 is available until expended: Provided, That not- UNITED STATES MARSHALS SERVICE for litigation support contracts and shall remain withstanding section 204 of this Act, upon a de- available until expended: Provided, That of the SALARIES AND EXPENSES termination by the Attorney General that emer- total amount appropriated, not to exceed $1,000 For necessary expenses of the United States gent circumstances require additional funding shall be available to the United States National Marshals Service, $896,860,000; of which not to for the activities of the National Security Divi- Central Bureau, INTERPOL, for official recep- exceed $20,000 shall be available for official re- sion, the Attorney General may transfer such tion and representation expenses: Provided fur- ception and representation expenses; of which amounts to this heading from available appro- ther, That notwithstanding section 105 of this not to exceed $4,000,000 shall be for information priations for the current fiscal year for the De- Act, upon a determination by the Attorney Gen- technology systems and shall remain available partment of Justice, as may be necessary to re- eral that emergent circumstances require addi- until expended: Provided, That not less than spond to such circumstances: Provided further, tional funding for litigation activities of the $12,397,000 shall be available for the costs of That any transfer pursuant to the previous pro- Civil Division, the Attorney General may trans- courthouse security equipment, including fur- viso shall be treated as a reprogramming under

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 6333 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13118 CONGRESSIONAL RECORD — SENATE October 18, 2007 section 505 of this Act and shall not be available by section 924(d)(2) of title 18, United States District of Columbia), or in any administrative for obligation or expenditure except in compli- Code; and of which $10,000,000 shall remain proceeding other than a proceeding commenced ance with the procedures set forth in that sec- available until expended: Provided, That no by the Bureau of Alcohol, Tobacco, Firearms tion. funds appropriated herein shall be available for and Explosives to enforce the provisions of INTERAGENCY LAW ENFORCEMENT salaries or administrative expenses in connec- chapter 44 of title 18, United States Code; chap- INTERAGENCY CRIME AND DRUG ENFORCEMENT tion with consolidating or centralizing, within ter 53 of title 26, United States Code; chapter 3 For necessary expenses for the identification, the Department of Justice, the records, or any of the Arms Export Control Act; a proceeding investigation, and prosecution of individuals as- portion thereof, of acquisition and disposition of commenced by the Secretary of the Treasury to sociated with the most significant drug traf- firearms maintained by Federal firearms licens- enforce part III of subchapter D of chapter 32 of ficking and affiliated money laundering organi- ees: Provided further, That no funds appro- the Internal Revenue Code of 1986; or judicial zations not otherwise provided for, to include priated herein shall be used to pay administra- review of such actions or proceedings. This pro- inter-governmental agreements with State and tive expenses or the compensation of any officer vision shall not be construed to prevent the dis- local law enforcement agencies engaged in the or employee of the United States to implement closure of statistical information concerning investigation and prosecution of individuals in- an amendment or amendments to 27 CFR 178.118 total production, importation, and exportation volved in organized crime drug trafficking, or to change the definition of ‘‘curios or relics’’ by each licensed importer (as defined in section $509,154,000, of which $50,000,000 shall remain in 27 CFR 178.11 or remove any item from ATF 921(a)(19) of title 18) and licensed manufacturer available until expended: Provided, That any Publication 5300.11 as it existed on January 1, (as defined in section 921(a)(10) of title 18): Pro- amounts obligated from appropriations under 1994: Provided further, That none of the funds vided further, That no funds made available by this heading may be used under authorities appropriated herein shall be available to inves- this or any other Act shall be expended to pro- available to the organizations reimbursed from tigate or act upon applications for relief from mulgate or implement any rule requiring a phys- this appropriation. Federal firearms disabilities under 18 U.S.C. ical inventory of any business licensed under 925(c): Provided further, That such funds shall section 923 of title 18, United States Code: Pro- FEDERAL BUREAU OF INVESTIGATION be available to investigate and act upon appli- vided further, That no funds under this Act SALARIES AND EXPENSES cations filed by corporations for relief from Fed- may be used to electronically retrieve informa- For necessary expenses of the Federal Bureau eral firearms disabilities under section 925(c) of tion gathered pursuant to 18 U.S.C. 923(g)(4) by of Investigation for detection, investigation, and title 18, United States Code: Provided further, name or any personal identification code: Pro- prosecution of crimes against the United States, That no funds made available by this or any vided further, That no funds authorized or $6,372,250,000; of which not to exceed other Act may be used to transfer the functions, made available under this or any other Act may $150,000,000 shall remain available until ex- missions, or activities of the Bureau of Alcohol, be used to deny any application for a license pended; and of which $2,308,580,000 shall be for Tobacco, Firearms, and Explosives to other under section 923 of title 18, United States Code, counterterrorism investigations, foreign counter- agencies or Departments in fiscal year 2008: Pro- or renewal of such a license due to a lack of intelligence, and other activities related to na- vided further, That no funds appropriated business activity, provided that the applicant is tional security: Provided, That not to exceed under this or any other Act with respect to any otherwise eligible to receive such a license, and $205,000 shall be available for official reception previous fiscal year, fiscal year 2008, and any is eligible to report business income or to claim and representation expenses: Provided further, fiscal year thereafter may be used to disclose all an income tax deduction for business expenses That not to exceed $170,000 shall be available for or part of any information received or generated under the Internal Revenue Code of 1986: Pro- expenses associated with the celebration of the by the Bureau of Alcohol, Tobacco, Firearms vided further, That notwithstanding any other 100th anniversary of the FBI: Provided further, and Explosives in connection with any request provision of law, home to work transportation That not later than 60 days after the enactment to trace a firearm, or information required to be currently allotted to Bureau of Alcohol, To- of this Act, the Director of the FBI shall submit kept by licensees pursuant to 923(g) of title 18, bacco, Firearms and Explosives field operations to the Committee on Appropriations and the United States Code, or required to be reported is extended to headquarters executive Special Committee on Judiciary of each House a report pursuant to paragraphs (3) and (7) of title 18, Agents and designees. that evaluates the FBI’s current work force al- United States Code, except— CONSTRUCTION location and assesses the right-sizing and re- (1) to an official of a Federal, State, tribal, For necessary expenses to construct or acquire alignment of agents, analysts and support per- local, or foreign law enforcement agency or a buildings and sites by purchase, or as otherwise sonnel currently in field offices to better meet Federal, State, or local prosecutor, who certifies authorized by law (including equipment for the FBI’s mission requirements and priorities. that the information is sought solely in connec- such buildings); conversion and extension of CONSTRUCTION tion with and for use in a bona fide criminal in- federally-owned buildings; and preliminary For necessary expenses to construct or acquire vestigation or bona fide criminal prosecution, or planning and design or projects; $35,000,000, to buildings and sites by purchase, or as otherwise for national security or intelligence purposes, remain available until expended. and will not be used or disclosed for any other authorized by law (including equipment for FEDERAL PRISON SYSTEM such buildings); conversion and extension of purpose; SALARIES AND EXPENSES Federally-owned buildings; and preliminary (2) for use in an action or proceeding com- planning and design of projects; $206,400,000, to menced by the Attorney General to enforce the For necessary expenses of the Federal Prison remain available until expended: Provided, That provisions of chapter 44 of title 18, United States System for the administration, operation, and $63,700,000 shall be available for Sensitive Com- Code; chapter 53 of title 26, United States Code; maintenance of Federal penal and correctional partmented Information Facilities (SCIFs). chapter 3 of the Arms Export Control Act; or a institutions, including purchase (not to exceed review of such an action or proceeding; or 640, of which 605 are for replacement only) and RUG ENFORCEMENT ADMINISTRATION D (3) for use in an action or proceeding com- hire of law enforcement and passenger motor ve- SALARIES AND EXPENSES menced by the Secretary of the Treasury to en- hicles, and for the provision of technical assist- For necessary expenses of the Drug Enforce- force part III of subchapter D of chapter 32 of ance and advice on corrections related issues to ment Administration, including not to exceed the Internal Revenue Code of 1986, or a review foreign governments, $5,151,440,000: Provided, $70,000,000 to meet unforeseen emergencies of a of such an action or proceeding: That the Attorney General may transfer to the confidential character pursuant to section 530C Provided further, That nothing in the previous Health Resources and Services Administration of title 28, United States Code; expenses for con- proviso shall be construed to prevent the shar- such amounts as may be necessary for direct ex- ducting drug education and training programs, ing or exchange of such information among and penditures by that Administration for medical including travel and related expenses for par- between Federal, State, tribal, local or foreign relief for inmates of Federal penal and correc- ticipants in such programs and the distribution law enforcement agencies or Federal, State, or tional institutions: Provided further, That the of items of token value that promote the goals of local prosecutors, or national security, intel- Director of the Federal Prison System, where such programs, $1,854,157,000; of which not to ligence, or counterterrorism officials, provided necessary, may enter into contracts with a fiscal exceed $75,000,000 shall remain available until that such information, regardless of its source, agent or fiscal intermediary claims processor to expended; and of which not to exceed $100,000 is shared, exchanged, or used solely in connec- determine the amounts payable to persons who, shall be available for official reception and rep- tion with bona fide criminal investigations or on behalf of the Federal Prison System, furnish resentation expenses. bona fide criminal prosecutions or for national health services to individuals committed to the BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND security or intelligence purposes: Provided fur- custody of the Federal Prison System: Provided EXPLOSIVES ther, That information in the Firearms Trace further, That not to exceed $6,000 shall be avail- SALARIES AND EXPENSES System database maintained by the National able for official reception and representation ex- For necessary expenses of the Bureau of Alco- Trace Center, including all information received penses: Provided further, That not to exceed hol, Tobacco, Firearms, and Explosives, includ- or generated by of the Bureau of Alcohol, To- $50,000,000 shall remain available for necessary ing not to exceed $50,000 for official reception bacco, Firearms and Explosives shall be immune operations until September 30, 2009: Provided and representation expenses; for training of from legal process, shall not be subject to sub- further, That, of the amounts provided for Con- State and local law enforcement agencies with poena or other discovery, shall not be used, re- tract Confinement, not to exceed $20,000,000 or without reimbursement, including training in lied on, or disclosed in any manner, and, re- shall remain available until expended to make connection with the training and acquisition of gardless of when disclosed including previously payments in advance for grants, contracts and canines for explosives and fire accelerants detec- disclosed information, shall not be admissible as reimbursable agreements, and other expenses tion; and for provision of laboratory assistance evidence, nor shall testimony or other evidence authorized by section 501(c) of the Refugee Edu- to State and local law enforcement agencies, based on such data be admissible as evidence, in cation Assistance Act of 1980 (8 U.S.C. 1522 with or without reimbursement, $1,013,980,000, of any civil action pending on or filed after the ef- note), for the care and security in the United which not to exceed $1,000,000 shall be available fective date of this subparagraph in any State States of Cuban and Haitian entrants: Provided for the payment of attorneys’ fees as provided or Federal court (including any court in the further, That the Director of the Federal Prison

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 6333 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13119 System may accept donated property and serving, and technical assistance: Provided further, with section 505 of this Act: Provided further, ices relating to the operation of the prison card That of the amount provided— That amounts under this heading, or amounts program from a not-for-profit entity which has (1) $1,500,000 is for grants for televised testi- transferred to and merged with this account, for operated such program in the past notwith- mony, as authorized by part N of the 1968 Act; salaries and expenses are for not less than 590 standing the fact that such not-for-profit entity (2) $186,500,000 is for grants to combat violence permanent positions and not less than 600 full- furnishes services under contracts to the Federal and violent crimes against women, as author- time equivalent workyears. Prison System relating to the operation of pre- ized by part T of the 1968 Act, of which— STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE release services, halfway houses, or other custo- (A) $2,000,000 shall be for the National Insti- For grants, contracts, cooperative agreements, dial facilities. tute of Justice for research and evaluation of vi- and other assistance authorized by the Violent BUILDINGS AND FACILITIES olence against women; and Crime Control and Law Enforcement Act of 1994 (B) $17,000,000 shall be for transitional hous- (Public Law 103–322) (‘‘the 1994 Act’’); the Om- For planning, acquisition of sites and con- ing assistance grants for victims of domestic vio- struction of new facilities; purchase and acqui- nibus Crime Control and Safe Streets Act of 1968 lence, stalking, or sexual assault as authorized (‘‘the 1968 Act’’); the Justice for All Act of 2004 sition of facilities and remodeling, and equip- by section 40299(a) of the 1994 Act; ping of such facilities for penal and correctional (Public Law 108–405); the Victims of Child Abuse (3) $55,000,000 is for grants to encourage arrest Act of 1990 (Public Law 101–647; 104 Stat. 9792) use, including all necessary expenses incident policies as authorized by part U of the 1968 Act; thereto, by contract or force account; and con- (‘‘the 1990 Act’’); the Trafficking Victims Protec- (4) $39,500,000 is for rural domestic violence tion Reauthorization Act of 2005 (Public Law structing, remodeling, and equipping necessary and child abuse enforcement assistance grants, buildings and facilities at existing penal and 109–164; 119 Stat. 3558); the Violence Against as authorized by section 40295 of the 1994 Act; Women and Department of Justice Reauthoriza- correctional institutions, including all necessary (5) $5,500,000 is for training programs to assist expenses incident thereto, by contract or force tion Act of 2005 (Public Law 109–162); and the probation and parole officers as authorized by Victims of Trafficking and Violence Protection account, $495,000,000, to remain available until section 40152 of the 1994 Act, and for related expended, of which not to exceed $14,000,000 Act of 2000 (Public Law 106–386); and other pro- local demonstration projects; grams; $1,430,000,000 (including amounts for ad- shall be available to construct areas for inmate (6) $3,900,000 is for grants to improve the ministrative costs, which shall be transferred to work programs: Provided, That labor of United stalking and domestic violence databases, as au- and merged with the ‘‘Justice Assistance’’ ac- States prisoners may be used for work performed thorized by section 40602 of the 1994 Act; count): Provided, That funding provided under under this appropriation. (7) $10,000,000 to reduce violent crimes against this heading shall remain available until ex- women on campus, as authorized by section FEDERAL PRISON INDUSTRIES, INCORPORATED pended, as follows— The Federal Prison Industries, Incorporated, 304(a) of the 2005 Act; (1) $660,000,000 for the Edward Byrne Memo- is hereby authorized to make such expenditures, (8) $46,000,000 is for legal assistance for vic- rial Justice Assistance Grant Program as au- within the limits of funds and borrowing au- tims, as authorized by section 1201(c) of the 2000 thorized by subpart 1 of part E of title I of the thority available, and in accord with the law, Act; 1968 Act, as amended by section 1111 of Public (9) $4,500,000 is for enhancing protection for and to make such contracts and commitments, Law 109–162, of which— without regard to fiscal year limitations as pro- older and disabled women from domestic vio- (A) $75,000,000 for Boys and Girls Clubs in vided by section 9104 of title 31, United States lence and sexual assault, as authorized by sec- public housing facilities and other areas in co- Code, as may be necessary in carrying out the tion 40802(a) of the 1994 Act; operation with State and local law enforcement, program set forth in the budget for the current (10) $14,500,000 is for the safe havens for chil- as authorized by section 401 of the Economic Es- fiscal year for such corporation, including pur- dren pilot program, as authorized by section pionage Act of 1996 (42 U.S.C. 13751 note); and chase (not to exceed five for replacement only) 1301(a) of the 2000 Act; (B) $5,000,000 is for a program to improve and hire of passenger motor vehicles. (11) $7,100,000 is for education and training to State and local law enforcement intelligence ca- end violence against and abuse of women with pabilities including antiterrorism training and LIMITATION ON ADMINISTRATIVE EXPENSES, disabilities, as authorized by section 1402(a) of training to ensure that constitutional rights, FEDERAL PRISON INDUSTRIES, INCORPORATED the 2000 Act; civil liberties, civil rights, and privacy interests Not to exceed $2,477,000 of the funds of the (12) $10,000,000 is for sexual assault services, are protected throughout the intelligence proc- Federal Prison Industries, Incorporated shall be as authorized by section 202 of the 2005 Act; ess; available for its administrative expenses, and for (13) $2,000,000 is for services to advocate and (2) $420,000,000 for the State Criminal Alien services as authorized by section 3109 of title 5, respond to youth, as authorized by section 401 Assistance Program, as authorized by section United States Code, to be computed on an ac- of the 2005 Act; 241(i)(5) of the Immigration and Nationality Act crual basis to be determined in accordance with (14) $2,000,000 is for grants to assist children (8 U.S.C. 1231(i)(5)), of which $30,000,000 for the the corporation’s current prescribed accounting and youth exposed to violence, as authorized by Southwest Border Prosecutor Initiative to reim- system, and such amounts shall be exclusive of section 303 of the 2005 Act; burse State, county, parish, tribal, or municipal depreciation, payment of claims, and expendi- (15) $1,000,000 is for analysis and research on governments only for costs associated with the tures which such accounting system requires to violence against Indian women, as authorized prosecution of criminal cases declined by local be capitalized or charged to cost of commodities by section 904 of the 2005 Act; and United States Attorneys offices, and of which acquired or produced, including selling and (16) $1,000,000 is for tracking of violence $20,000,000 for a Northern Border Prosecutor shipping expenses, and expenses in connection against Indian women, as authorized by section Initiative to reimburse State, county, parish, with acquisition, construction, operation, main- 905 of the 2005 Act. tribal, or municipal governments only for costs tenance, improvement, protection, or disposition OFFICE OF JUSTICE PROGRAMS associated with the prosecution of criminal of facilities and other property belonging to the JUSTICE ASSISTANCE cases declined by local United States Attorneys corporation or in which it has an interest. offices, subject to section 505 of this Act; and the For grants, contracts, cooperative agreements, OFFICE ON VIOLENCE AGAINST WOMEN amount appropriated in this title under the and other assistance authorized by title I of the heading ‘‘GENERAL ADMINISTRATION’’ is reduced VIOLENCE AGAINST WOMEN PREVENTION AND Omnibus Crime Control and Safe Streets Act of PROSECUTION PROGRAMS by $20,000,000. 1968; the Missing Children’s Assistance Act (42 (3) $190,000,000 for discretionary grants, not- For grants, contracts, cooperative agreements, U.S.C. 5771 et seq.); including salaries and ex- withstanding the provisions of section 505 of the and other assistance for the prevention and penses in connection therewith, the Prosecu- 1968 Act; prosecution of violence against women as au- torial Remedies and Other Tools to end the Ex- (4) $15,000,000 for victim services programs for thorized by the Omnibus Crime Control and Safe ploitation of Children Today Act of 2003 (Public victims of trafficking, as authorized by section Streets Act of 1968 (42 U.S.C. 4711 et seq.) (‘‘the Law 108–21); the Justice for All Act of 2004 (Pub- 107(b)(2) of Public Law 106–386; 1968 Act’’); the Violent Crime Control and Law lic Law 108–405; 108 Stat. 2260); the Victims of (5) $40,000,000 for Drug Courts, as authorized Enforcement Act of 1994 (Public Law 103–322; Child Abuse Act of 1990 (Public Law 101–647; 104 by section 1001(25)(A) of title I of the 1968 Act: 108 Stat. 1796) (‘‘the 1994 Act’’); the Prosecu- Stat. 4792) (‘‘the 1990 Act’’); the Violence Provided, That of the unobligated balances torial Remedies and Other Tools to End the Ex- Against Women and Department of Justice Re- available to the Department of Justice (except ploitation of Children Today Act of 2003 (Public authorization Act of 2005 (Public Law 109–162); for amounts made available for Drug Courts, as Law 108–21; 117 Stat. 650); the Juvenile Justice and the Victims of Crime Act of 1984 (Public authorized by section 1001(25)(A) of title I of the and Delinquency Prevention Act of 1974 (42 Law 98–473; 98 Stat. 2170), $240,000,000, to re- 1968 Act), $15,000,000 are rescinded: Provided U.S.C. 5601 et seq.) (‘‘the 1974 Act’’); the Victims main available until expended: Provided, That further, That within 30 days after the enact- of Trafficking and Violence Protection Act of grants under subparagraphs (1)(A) and (B) of ment of this Act the Attorney General shall sub- 2000 (Public Law 106–386; 114 Stat. 1464) (‘‘the Public Law 98–473 are issued pursuant to rules mit to the Committee on Appropriations of the 2000 Act’’); and the Violence Against Women or guidelines that generally establish a publicly- House of Representatives and the Senate a re- and Department of Justice Reauthorization Act announced, competitive process: Provided fur- port specifying the amount of each rescission of 2005 (Public Law 109–162; 119 Stat. 2960) (‘‘the ther, That not more than $35,000,000 of balances made pursuant to this section; 2005 Act’’); $390,000,000, including amounts for made available as a result of prior year (6) $10,000,000 for grants for residential sub- administrative costs, to remain available until deobligations may be obligated for program stance abuse treatment for State prisoners, as expended: Provided, That except as otherwise management and administration: Provided fur- authorized by part S of the 1968 Act; provided by law, not to exceed 3 percent of ther, That any balances made available as a re- (7) $25,000,000 for the Capital Litigation Im- funds made available under this heading may be sult of prior year deobligations in excess of provement Grant Program as authorized by sec- used for expenses related to evaluation, train- $35,000,000 shall only be obligated in accordance tions 421, 422, and 426 of Public Law 108–405, to

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 6333 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13120 CONGRESSIONAL RECORD — SENATE October 18, 2007 be equally divided between the Capital Prosecu- 162), the USA PATRIOT Improvement and Re- (12) $110,000,000 is for grants under section tion Improvement Grants and Capital Represen- authorization Act (Public Law 109–177; 120 Stat. 1701 of title I of the 1968 Act (42 U.S.C. 3796dd) tation Improvement Grants; 192) (including administrative costs), the Pros- for the hiring and rehiring of additional career (8) $10,000,000 for mental health courts and ecutorial Remedies and Other Tools to End the law enforcement officers under part Q of such adult and juvenile collaboration program Exploitation of Children Today Act of 2003 title, notwithstanding subsection (i) of such sec- grants, as authorized by parts V and HH of title (Public Law 108–21), $660,000,000, to remain tion; and I of the 1968 Act; available until expended: Provided, That of the (13) not to exceed $11,000,000 is for program (9) $2,000,000 for the National Sex Offender funds under this heading, not to exceed management and administration. Public Registry; $2,575,000 shall be available for the Office of JUVENILE JUSTICE PROGRAMS Justice Programs for any and all reimbursable (10) $1,000,000 for the Missing Alzheimer’s Dis- For grants, contracts, cooperative agreements, services, functions and activities associated with ease Patient Alert Program, as authorized by and other assistance authorized by the Juvenile programs administered by the Office of Commu- section 240001(c) of Public Law 106–386; Justice and Delinquency Prevention Act of 1974 nity Oriented Policing Services including activi- (11) $28,000,000 for assistance to Indian tribes, (‘‘the 1974 Act’’), the Omnibus Crime Control ties authorized by sections 1158 and 1159 of Pub- of which— and Safe Streets Act of 1968 (‘‘the 1968 Act’’), lic Law 109–162: Provided further, That section (A) $15,000,000 shall be available for grants the Violence Against Women and Department of 1703(b) and (c) of the 1968 Act shall not apply to under section 201109(a)(2) of subtitle A of title II Justice Reauthorization Act of 2005 (Public Law non-hiring grants made pursuant to part Q of of the 1994 Act; 109–162), and other juvenile justice programs, in- title I (42 U.S.C. 3796dd et seq.): Provided fur- (B) $8,000,000 shall be available for the Tribal cluding salaries and expenses in connection ther, That the $15,000,000 provided to the Na- Courts Initiative; and therewith to be transferred to and merged with tional Institute of Standards and Technology’s (C) $5,000,000 shall be available for demonstra- the appropriations for Justice Assistance, Office of Law Enforcement Standards under tion projects on alcohol and crime in Indian $340,000,000, to remain available until expended, this section shall be transferred directly to the County; as follows— National Institute of Standards and Tech- (12) $5,000,000 for prison rape prevention and (1) $500,000 is for coordination of Federal ef- nology’s Office of Law Enforcement Standards prosecution programs, as authorized by the Pris- forts, as authorized by section 204 of the 1974 from the Community Oriented Policing Services on Rape Elimination Act of 2003 (Public Law Act; 108–79); Office: Provided further, That the Attorney (2) $73,000,000 is for State and local programs (13) $15,000,000 is for the court appointed ad- General shall waive in whole the matching reauthorized by section 221 of the 1974 Act, in- vocate program, as authorized by section 217 of quirement under section 1701(g) of the Omnibus cluding training and technical assistance to as- the 1990 Act; Crime Control and Safe Streets Act of 1968 (42 sist small, non-profit organizations with the (14) $4,000,000 is for child abuse training pro- U.S.C. 3796dd(g)) for any grant recipient located Federal grants process; grams for judicial personnel and practitioners, in a county or parish in which the President de- (3) $76,500,000 is for demonstration projects, as as authorized by section 222 of the 1990 Act; and clared a major disaster (as that term is defined authorized by sections 261 and 262 of the 1974 (15) $5,000,000 for prescription drug moni- in section 102 of the Robert T. Stafford Disaster Act; toring program: Relief and Emergency Assistance Act (42 U.S.C. (4) $5,000,000 is for juvenile mentoring pro- Provided further, That, if a unit of local govern- 5122)) in response to Hurricane Katrina of 2005 grams; ment uses any of the funds made available or Hurricane Rita of 2005: Provided further, (5) $65,000,000 is for delinquency prevention, under this title to increase the number of law That of the amounts provided— as authorized by section 505 of the 1974 Act, of enforcement officers, the unit of local govern- (1) $25,000,000 is for the matching grant pro- which— ment shall achieve a net gain in the number of gram for law enforcement armor vests as author- (A) $10,000,000 shall be for the Tribal Youth law enforcement officers who perform non- ized by section 2501 of part Y of the 1968 Act; Program; and (2) $80,000,000 is for policing initiatives to administrative public safety service. (B) $25,000,000 shall be for grants of $360,000 combat illegal methamphetamine production, WEED AND SEED PROGRAM FUND to each State and $6,640,000 shall be available sale and use in ‘‘drug hot spots’’ as authorized for discretionary grants to States, for programs For necessary expenses, including salaries by section 754 of Public Law 109–177; and activities to enforce State laws prohibiting (3) $110,000,000 is for law enforcement tech- and related expenses of the Executive Office for the sale of alcoholic beverages to minors or the nologies; Weed and Seed, to implement ‘‘Weed and Seed’’ purchase or consumption of alcoholic beverages (4) $5,000,000 is for grants to upgrade criminal program activities, $50,000,000, to remain avail- by minors, prevention and reduction of con- records, as authorized under the Crime Identi- able until September 30, 2008, for inter-govern- sumption of alcoholic beverages by minors, and fication Technology Act of 1998 (42 U.S.C. mental agreements, including grants, coopera- for technical assistance and training; tive agreements, and contracts, with State and 14601); (5) $10,000,000 is for an offender re-entry pro- (6) $10,000,000 is for the Secure Our Schools local law enforcement agencies, nonprofit orga- Act as authorized by part AA of the 1968 Act; nizations, and agencies of local government en- gram; (6) $169,000,000 is for DNA analysis and ca- (7) $20,000,000 for programs authorized by the gaged in the investigation and prosecution of Victims of Child Abuse Act of 1990; violent and gang-related crimes and drug of- pacity enhancement program, and for other State, local and Federal forensic activities, of (8) $80,000,000 for the Juvenile Accountability fenses in ‘‘Weed and Seed’’ designated commu- Block Grants program as authorized by part R nities, and for either reimbursements or trans- which— (A) $151,000,000 for the Debbie Smith DNA of the 1968 Act and Guam shall be considered a fers to appropriation accounts of the Depart- Backlog Grants as authorized by Public Law State for the purpose of that program; and ment of Justice and other Federal agencies 108–405 section 202; (9) $10,000,000 shall be for gang resistance which shall be specified by the Attorney General (B) $5,000,000 for the Kirk Bloodsworth Post- education and training and programs: to execute the ‘‘Weed and Seed’’ program strat- Conviction DNA Testing Grant Program as au- Provided, That not more than 2 percent of each egy: Provided, That funds designated by Con- thorized by Public Law 108–405 section 412 and amount may be used for research, evaluation, gress through language for other Department of section 413; and statistics activities designed to benefit the Justice appropriation accounts for ‘‘Weed and (C) $6,000,000 for DNA Training and Edu- programs or activities authorized: Provided fur- Seed’’ program activities shall be managed and cation for Law Enforcement, Correctional Per- ther, That not more than 2 percent of each executed by the Attorney General through the sonnel, and Court Officers as authorized by amount may be used for training and technical Executive Office for Weed and Seed: Provided Public Law 108–405 section 303; assistance: Provided further, That the previous further, That the Attorney General may direct (D) $5,000,000 for DNA Research and Develop- two provisos shall not apply to demonstration the use of other Department of Justice funds ment as authorized by Public Law 108–405 sec- projects, as authorized by sections 261 and 262 and personnel in support of ‘‘Weed and Seed’’ tion 305; of the 1974 Act. program activities only after the Attorney Gen- (E) $2,000,000 for the DNA Identification of PUBLIC SAFETY OFFICERS BENEFITS eral notifies the Senate Committee on Appro- Missing Persons as authorized by Public Law For payments and expenses authorized by priations in accordance with section 505 of this 108–405 section 308; Act: Provided further, That of the funds appro- (7) $35,000,000 is for improving tribal law en- part L of title I of the Omnibus Crime Control priated for the Executive Office for Weed and forcement, including equipment and training as- and Safe Streets Act of 1968 (42 U.S.C. 3796), Seed, not to exceed $2,000,000 shall be directed sistance to Indian tribes; such sums as are necessary, as authorized by for comprehensive community development (8) $6,000,000 is for training and technical as- section 6093 of Public Law 100–690 (102 Stat. training and technical assistance. sistance; 4339–4340) (including amounts for administrative (9) $40,000,000 is for Paul Coverdell Forensic costs, which amounts shall be paid to the ‘‘Jus- COMMUNITY ORIENTED POLICING SERVICES Sciences Improvement Grants under part BB of tice Assistance’’ account), to remain available (INCLUDING TRANSFER OF FUNDS) title I of the 1968 Act (42 U.S.C. 3797j et seq.); until expended; and $5,000,000 for payments au- For activities authorized by the Violent Crime (10) $5,000,000 is for the National District At- thorized by section 1201(b) of such Act; and Control and Law Enforcement Act of 1994 (Pub- torneys Association to conduct prosecutorial $4,100,000 for educational assistance, as author- lic Law 103–322) (including administrative training by the National Advocacy Center; ized by section 1212 of such Act: Provided, That, costs), the Omnibus Crime Control and Safe (11) $55,000,000 is for a national grant pro- hereafter, funds available to conduct appeals Streets Act of 1968 (‘‘the 1968 Act’’), the Justice gram to arrest and prosecute child predators as under section 1205(c) of the 1968 Act, which infor All Act of 2004 (Public Law 108–405), the Vio- authorized by section 1701(d) of part Q of title cludes all claims processing, shall be available lence Against Women and Department of Justice I of the 1968 Act as amended by section 341 of also for the same under subpart 2 of such part Reauthorization Act of 2005 (Public Law 109– Public Law 108–21; L and under any statute authorizing payment

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 6333 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13121 of benefits described under subpart 1 thereof, purchase videocassettes, videocassette recorders, Attorney assigned dual or additional respon- and for appeals from final decisions of the Bu- or other audiovisual or electronic equipment sibilities by the Attorney General or his designee reau (under such part or any such statute) to used primarily for recreational purposes. that exempt that United States Attorney from the Court of Appeals for the Federal Circuit, (b) Subsection (a) shall not preclude the rent- the residency requirements of 28 U.S.C. 545. which shall have exclusive jurisdiction thereof ing, maintenance, or purchase of audiovisual or SEC. 215. Of the funds appropriated in this (including those pending), and for expenses of electronic equipment for inmate training, reli- Act for the Federal Bureau of Investigation’s representation of hearing examiners (who shall gious, or educational programs. Sentinel program, $25,000,000 shall not be avail- be presumed irrebuttably to enjoy quasi-judicial SEC. 209. Any deviation from the amounts des- able for obligation until 60 days after the Com- immunity in the discharge of their duties under ignated for specific activities in this Act and ac- mittees on Appropriations receive from the Fed- such part or any such statute) in connection companying report, or any use of deobligated eral Bureau of Investigation a report on the re- with litigation against them arising from such balances of funds provided under this title in sults of a completed integrated baseline review discharge. previous years, shall be subject to the proce- for that program: Provided, That the report shall be submitted simultaneously to the Gov- GENERAL PROVISIONS—DEPARTMENT OF JUSTICE dures set forth in section 505 of this Act. SEC. 210. Section 112 of title I as contained in ernment Accountability Office: Provided fur- SEC. 201. None of the funds appropriated by division B of the Consolidated Appropriations ther, That the Government Accountability Of- this title shall be available to pay for an abor- Act, 2004 (Public Law 108–199) is amended as fice shall review the Bureau’s performance tion, except where the life of the mother would follows: measurement baseline for the Sentinel program be endangered if the fetus were carried to term, (1) by inserting in paragraph (a)(2)(A) ‘‘the and shall submit its findings to the Committees or in the case of rape: Provided, That should Commissioner of Health & Social Services for on Appropriations of the Senate and House of this prohibition be declared unconstitutional by Alaska, a representative of an Alaska Native Representatives within 60 days of its receipt of a court of competent jurisdiction, this section healthcare provider’’ after ‘‘Village Public Safe- the report. shall be null and void. ty Officer programs,’’; SEC. 216. None of the funds appropriated in SEC. 202. None of the funds appropriated (2) by inserting in paragraph (a)(2)(A) ‘‘and a this or any other Act shall be obligated for the under this title shall be used to require any per- non-voting judge’’ after ‘‘non-voting representa- initiation of a future phase or increment of the son to perform, or facilitate in any way the per- tive’’; and Federal Bureau of Investigation’s Sentinel pro- formance of, any abortion. (3) by inserting in paragraph (a)(2)(A) ‘‘The gram until the Attorney General certifies to the SEC. 203. Nothing in the preceding section Chief Justice of the Alaska Supreme Court may Committees on Appropriations that existing shall remove the obligation of the Director of the appoint a non-voting representative of the Alas- phases or increments currently under contract Bureau of Prisons to provide escort services nec- ka Supreme Court to provide technical sup- for development or fielding have completed 70 essary for a female inmate to receive such serv- port.’’ at the end of the paragraph. percent of the work for that phase or increment ice outside the Federal facility: Provided, That SEC. 211. Section 589a of title 28, United States under the performance measurement baseline nothing in this section in any way diminishes Code, is amended in subsection (b) by— validated by the integrated baseline review re- the effect of section 202 intended to address the (1) striking ‘‘and’’ in paragraph (8); ferred to in section 215 of this Act: Provided, philosophical beliefs of individual employees of (2) striking the period in paragraph (9) and That this restriction does not apply to planning the Bureau of Prisons. inserting ‘‘; and’’; and and design activities for future phases or incre- SEC. 204. Not to exceed 5 percent of any ap- (3) adding the following new paragraph: ments: Provided further, That the Bureau will propriation made available for the current fiscal ‘‘(10) fines imposed under section 110(l)(4)(A) notify the Committees of any significant year for the Department of Justice in this Act of title 11, United States Code.’’. changes to the baseline. may be transferred between such appropria- SEC. 212. (a) Section 1930(a) of title 28, United SEC. 217. Notwithstanding any other provision tions, but no such appropriation, except as oth- States Code, is amended in paragraph (6) by of this title— erwise specifically provided, shall be increased striking everything after ‘‘whichever occurs (1) the amount appropriated under the head- by more than 10 percent by any such transfers: first.’’ and inserting in lieu thereof: ‘‘The fee ing ‘‘JUSTICE INFORMATION SHARING TECH- Provided, That any transfer pursuant to this shall be $325 for each quarter in which disburse- NOLOGY’’ under the heading ‘‘GENERAL ADMIN- section shall be treated as a reprogramming of ments total less than $15,000; $650 for each quar- ISTRATION’’ under this title is reduced by funds under section 505 of this Act and shall not ter in which disbursements total $15,000 or more $5,000,000; be available for obligation except in compliance but less than $75,000; $975 for each quarter in (2) the amount appropriated under the head- with the procedures set forth in that section: which disbursements total $75,000 or more but ing ‘‘JUVENILE JUSTICE PROGRAMS’’ under the Provided further, That none of the funds appro- less than $150,000; $1,625 for each quarter in heading ‘‘OFFICE OF JUSTICE PROGRAMS’’ under priated to ‘‘Buildings and Facilities, Federal which disbursements total $150,000 or more but this title is increased by $5,000,000; and Prison System’’ in this or any other Act may be less than $225,000; $1,950 for each quarter in (3) of the amount appropriated under the transferred to ‘‘Salaries and Expenses, Federal which disbursements total $225,000 or more but heading ‘‘JUVENILE JUSTICE PROGRAMS’’ under Prison System’’, or any other Department of less than $300,000; $4,875 for each quarter in the heading ‘‘OFFICE OF JUSTICE PROGRAMS’’ Justice account, unless the President certifies which disbursements total $300,000 or more but under this title, $10,000,000 is for juvenile men- that such a transfer is necessary to the national less than $1,000,000; $6,500 for each quarter in toring programs. SEC. 218. Notwithstanding any other provision security interests of the United States, and such which disbursements total $1,000,000 or more but of this title— authority shall not be delegated, and shall be less than $2,000,000; $9,750 for each quarter in (1) the amount appropriated in this title under subject to section 505 of this Act. which disbursements total $2,000,000 or more but the heading ‘‘GENERAL ADMINISTRATION’’ is re- SEC. 205. The Attorney General is authorized less than $3,000,000; $10,400 for each quarter in duced by $10,000,000; to extend through September 30, 2009, the Per- which disbursements total $3,000,000 or more but (2) the amount appropriated in this title under sonnel Management Demonstration Project less than $5,000,000; $13,000 for each quarter in the heading ‘‘VIOLENCE AGAINST WOMEN PREVEN- transferred to the Attorney General pursuant to which disbursements total $5,000,000 or more but TION AND PROSECUTION PROGRAMS’’ under the section 1115 of the Homeland Security Act of less than $15,000,000; $20,000 for each quarter in heading ‘‘OFFICE ON VIOLENCE AGAINST 2002, Public Law 107–296 (6 U.S.C. 533) without which disbursements total $15,000,000 or more WOMEN’’ is increased by $10,000,000; and limitation on the number of employees or the po- but less than $30,000,000; $30,000 for each quar- (3) of the amount appropriated in this title sitions covered. ter in which disbursements total more than under the heading ‘‘VIOLENCE AGAINST WOMEN SEC. 206. Notwithstanding any other provision $30,000,000. The fee shall be payable on the last PREVENTION AND PROSECUTION PROGRAMS’’ of law, Public Law 102–395 section 102(b) shall day of the calendar month following the cal- under the heading ‘‘OFFICE ON VIOLENCE extend to the Bureau of Alcohol, Tobacco, Fire- endar quarter for which the fee is owed.’’. AGAINST WOMEN’’— arms and Explosives in the conduct of under- (b) This section and the amendment made by (A) $60,000,000 is for grants to encourage ar- cover investigative operations and shall apply this section shall take effect January 1, 2008, or rest policies, as authorized by part U of the Om- without fiscal year limitation with respect to the date of the enactment of this Act, whichever nibus Crime Control and Safe Streets Act of 1968 any undercover investigative operation initiated is later. (42 U.S.C. 3796hh et seq.); by the Bureau of Alcohol, Tobacco, Firearms SEC. 213. Notwithstanding any other provision (B) $4,000,000 is for engaging men and youth and Explosives that is necessary for the detec- of law, during fiscal year 2008, Federal reim- in prevention programs, as authorized by section and prosecution of crimes against the bursement to the District of Columbia for felons tion 41305 of the Violence Against Women Act of United States. newly sentenced by the District of Columbia Su- 1994 (42 U.S.C. 14043d–4); and SEC. 207. None of the funds made available to perior Court shall commence no later than the (C) $1,000,000 is for the National Resource the Department of Justice in this Act may be date of sentencing for such felons; and Federal Center on Workplace Responses to assist victims used for the purpose of transporting an indi- reimbursement to the District of Columbia for re- of domestic violence, as authorized by section vidual who is a prisoner pursuant to conviction committed District of Columbia parolees shall 41501 of the Violence Against Women Act of 1994 for crime under State or Federal law and is clas- commence no later than the date of the commit- (42 U.S.C. 14043f). sified as a maximum or high security prisoner, ment of such parolees to prison: Provided, That SEC. 219. (a) The Attorney General shall sub- other than to a prison or other facility certified no more than $8,000,000 shall be made available mit quarterly reports to the Inspector General of by the Federal Bureau of Prisons as appro- for such reimbursements from funds made avail- the Department of Justice regarding the costs priately secure for housing such a prisoner. able in this Act. and contracting procedures relating to each SEC. 208. (a) None of the funds appropriated SEC. 214. Notwithstanding any other provision conference held by the Department of Justice by this Act may be used by Federal prisons to of law, no funds shall be available for the sal- during fiscal year 2008 for which the cost to the purchase cable television services, to rent or ary, benefits, or expenses of any United States Government was more than $20,000.

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 6333 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13122 CONGRESSIONAL RECORD — SENATE October 18, 2007 (b) Each report submitted under subsection (a) repayment, and an officer or employee of any ‘‘(B) has any effect other than to authorize, shall include, for each conference described in branch of the United States Government or of award, or deny a grant of funds to a State, ter- that subsection held during the applicable quar- the District of Columbia may seek or receive ritory, or Indian tribe for the purpose described ter— such assistance or forbearance. in this subsection.’’. (1) a description of the subject of and number SEC. 224. Of the unobligated balances made (2) GRANT PROGRAMS FOR DRUG ENDANGERED of participants attending that conference; available for the Department of Justice in prior CHILDREN.—Section 755(a) of the USA PATRIOT (2) a detailed statement of the costs to the fiscal years, $15,000,000 are rescinded: Provided, Improvement and Reauthorization Act of 2005 Government relating to that conference, includ- That within 30 days after the date of the enact- (42 U.S.C. 3797cc–2(a)) is amended by inserting ing— ment of this section the Attorney General shall ‘‘, territories, and Indian tribes (as defined in (A) the cost of any food or beverages; submit to the Committee on Appropriations of section 2704 of the Omnibus Crime Control and (B) the cost of any audio-visual services; and the House of Representatives and the Senate a Safe Streets Act of 1968 (42 U.S.C. 3797d))’’ after (C) a discussion of the methodology used to report specifying the amount of each rescission ‘‘make grants to States’’. determine which costs relate to that conference; made pursuant to this section. (3) GRANT PROGRAMS TO ADDRESS METH- and SEC. 225. FEDERAL BUREAU OF INVESTIGATION AMPHETAMINE USE BY PREGNANT AND PARENTING (3) a description of the contracting procedures ANALYSIS OF DNA SAMPLES. (a) IN GENERAL.— WOMEN OFFENDERS.—Section 756 of the USA PA- relating to that conference, including— The amount appropriated under the heading TRIOT Improvement and Reauthorization Act (A) whether contracts were awarded on a ‘‘SALARIES AND EXPENSES ’’ under the heading of 2005 (42 U.S.C. 3797cc–3) is amended— competitive basis for that conference; and ‘‘FEDERAL BUREAU OF INVESTIGATION’’ under (A) in subsection (a)(2), by inserting ‘‘, terri- (B) a discussion of any cost comparison con- this title is increased by $23,000,000, which shall torial, or Tribal’’ after ‘‘State’’; ducted by the Department of Justice in evalu- be used for personnel, equipment, build-out/ac- (B) in subsection (b)— ating potential contractors for that conference. quisition of space, and other resources to be (i) in paragraph (1)— SEC. 220. LIMITATIONS ON FUNDING FOR CER- used for the analysis of DNA samples. (I) by inserting ‘‘, territorial, or Tribal’’ after TAIN CONFERENCES. Notwithstanding any other (b) REDUCTIONS.—Notwithstanding any other ‘‘State’’; and provision of this Act, not more than $15,000,000 provision of this Act, the amount appropriated (II) by striking ‘‘and/or’’ and inserting ‘‘or’’; of all funds made available to the Department of for the Advanced Technology Program under (ii) in paragraph (2)— Justice under this Act, may be available for any the heading ‘‘INDUSTRIAL TECHNOLOGY SERVICES (I) by inserting ‘‘, territory, Indian tribe,’’ expenses related to conferences, including for ’’ under the heading ‘‘NATIONAL INSTITUTE OF after ‘‘agency of the State’’; and conference programs, travel costs, and related STANDARDS AND TECHNOLOGY’’ under title I of (II) by inserting ‘‘, territory, Indian tribe,’’ expenses. No funds appropriated under this Act this Act is reduced by $23,000,000. after ‘‘criminal laws of that State’’; and may be used to support a conference sponsored SEC. 226. The Attorney General shall make (iii) by adding at the end the following: by any organization named as an unindicted co- available $10,000,000 from the Department of ‘‘(C) INDIAN TRIBE.—The term ‘Indian tribe’ conspirator by the Government in any criminal Justice Working Capital Fund to incrementally has the meaning given the term in section 2704 prosecution. expand Operation Streamline across the entire of the Omnibus Crime Control and Safe Streets SEC. 221. DEPUTY UNITED STATES MARSHALS. southwest border of the United States, begin- Act of 1968 (42 U.S.C. 3797d).’’; and (a) INCREASE POSITIONS.—In each of the fiscal ning with the border sector that had the highest (C) in subsection (c)— years 2008 through 2012, the Attorney General, rate of illegal entries during the most recent 12- (i) in paragraph (3), by striking ‘‘Indian subject to the availability of appropriations, month period. Tribes’’ and inserting ‘‘Indian tribes’’; and may increase by not less than 50 the number of SEC. 227. ADDITIONAL PROSECUTORS FOR OF- (ii) in paragraph (4)— positions for full-time active duty Deputy FENSES RELATING TO THE SEXUAL EXPLOITATION (I) in the matter preceding subparagraph United States Marshals assigned to work on im- OF CHILDREN. (a) IN GENERAL.—The amount ap- (A)— migration-related matters, including trans- propriated under the heading ‘‘SALARIES AND (aa) by striking ‘‘State’s’’; and porting prisoners and working in Federal court- EXPENSES’’ under the heading ‘‘UNITED STATES (bb) by striking ‘‘and/or’’ and inserting ‘‘or’’; houses. ATTORNEYS’’ under this title is increased by (II) in subparagraph (A), by striking ‘‘State’’; (b) AUTHORIZATION OF APPROPRIATIONS.— $30,000,000, which shall be used for salaries and (III) in subparagraph (C), by inserting ‘‘, In- There are authorized to be appropriated to the expenses for hiring 200 additional assistant dian tribes,’’ after ‘‘involved counties’’; and Attorney General such sums as may be nec- United States attorneys to carry out section 704 (IV) in subparagraph (D), by inserting ‘‘, essary for each of the fiscal years 2008 through of the Adam Walsh Child Protection and Safety Tribal’’ after ‘‘Federal, State’’. 2012 to carry out subsection (a). Act of 2006 (Public Law 109–248; 120 Stat. 649) This title may be cited as the ‘‘Department of SEC. 222. ANNUAL REPORT ON DELAYED BACK- concerning the prosecution of offenses relating Justice Appropriations Act, 2008’’. GROUND CHECKS. (a) IN GENERAL.—Not later to the sexual exploitation of children. TITLE III than 60 days after the end of each fiscal year, (b) REDUCTIONS.—Notwithstanding any other SCIENCE the Director of the Federal Bureau of Investiga- provision of this Act, the amount appropriated OFFICE OF SCIENCE AND TECHNOLOGY POLICY tion shall submit a report to the congressional under the heading ‘‘PROCUREMENT, ACQUISITION committees listed in subsection (b) that contains, AND CONSTRUCTION’’ under the heading ‘‘NA- For necessary expenses of the Office of with respect to the most recently completed fis- TIONAL OCEANIC AND ATMOSPHERIC ADMINISTRA- Science and Technology Policy, in carrying out cal year— TION’’ under title I of this Act is reduced by the purposes of the National Science and Tech- (1) a statistical analysis of the number of $30,000,000. nology Policy, Organization, and Priorities Act background checks processed and pending, in- SEC. 228. NATIVE AMERICAN METHAMPHET- of 1976 (42 U.S.C. 6601–6671), hire of passenger cluding check requests in process at the time of AMINE ENFORCEMENT AND TREATMENT ACT OF motor vehicles, and services as authorized by 5 the report and check requests that have been re- 2007. (a) SHORT TITLE.—This section may be U.S.C. 3109, not to exceed $2,500 for official received but are not yet in process; cited as the ‘‘Native American Methamphet- ception and representation expenses, and rental (2) the average time taken to complete each amine Enforcement and Treatment Act of 2007’’. of conference rooms in the District of Columbia, type of background check; (b) NATIVE AMERICAN PARTICIPATION IN $5,715,000. (3) a description of the efforts and progress METHAMPHETAMINE GRANTS.— NATIONAL AERONAUTICS AND SPACE made by the Director in addressing any delays (1) IN GENERAL.—Section 2996(a) of the Omni- ADMINISTRATION in completing such background checks; and bus Crime Control and Safe Streets Act of 1968 SCIENCE, AERONAUTICS AND EXPLORATION (4) a description of the progress that has been (42 U.S.C. 3797cc(a)) is amended— made in automating files used in the name (A) in paragraph (1)— For necessary expenses in the conduct and check process, including investigative files of (i) in the matter preceding subparagraph (A), support of science, aeronautics and exploration the Federal Bureau of Investigation. by inserting ‘‘, territories, and Indian tribes (as research and development activities, including (b) RECIPIENTS.—The congressional commit- defined in section 2704)’’ after ‘‘to assist research, development, operations, support and tees listed in this subsection are— States’’; and services; space flight, spacecraft control and (1) the Committee on the Judiciary of the Sen- (ii) in subparagraph (B), by striking ‘‘and communications activities including operations, ate; local’’ and inserting ‘‘, territorial, Tribal, and production, and services; program management; (2) the Committee on Homeland Security and local’’; personnel and related costs, including uniforms Governmental Affairs of the Senate; (B) in paragraph (2), by inserting ‘‘, terri- or allowances therefor, as authorized by 5 (3) the Committee on the Judiciary of the tories, and Indian tribes’’ after ‘‘make grants to U.S.C. 5901–5902; travel expenses; purchase and House of Representatives; and States’’; hire of passenger motor vehicles; not to exceed (4) the Committee on Homeland Security of (C) in paragraph (3)(C), by inserting ‘‘, Trib- $35,000 for official reception and representation the House of Representatives. al,’’ after ‘‘support State’’; and expenses; and purchase, lease, charter, mainte- SEC. 223. Notwithstanding any other provision (D) by adding at the end the following: nance and operation of mission and administra- of law, a public or private institution of higher ‘‘(4) EFFECT OF SUBSECTION.—Nothing in this tive aircraft, $10,633,000,000, of which education may offer or provide an officer or em- subsection, or in the award or denial of any $119,100,000 shall remain available until ex- ployee of any branch of the United States grant pursuant to this subsection— pended and $10,513,900,000 shall remain avail- Goverment or of the District of Columbia, who is ‘‘(A) allows grants authorized under para- able until September 30, 2009: Provided, That, of a current or former student of such institution, graph (3)(A) to be made to, or used by, an entity the amounts provided under this heading, financial assistance for the purpose of repaying for law enforcement activities that the entity $5,655,110,000 shall be for science, $554,030,000 a student loan or forbearance of student loan lacks jurisdiction to perform; or shall be for aeronautics research, $3,972,490,000

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shall be for exploration systems, and trator of the National Aeronautics and Space MAJOR RESEARCH EQUIPMENT AND FACILITIES $521,380,000 shall be for cross-agency support Administration as available for transfer to ‘‘Ex- CONSTRUCTION programs: Provided further, That the amounts ploration Capabilities’’ and ‘‘Science, Aero- For necessary expenses for the acquisition, in the previous proviso shall be reduced by nautics, And Exploration’’ for restoration of construction, commissioning, and upgrading of $70,000,000 in corporate and general administra- funds previously reallocated to meet return to major research equipment, facilities, and other tive expenses and the reduction shall be applied flight activities: Provided, That the amount pro- such capital assets pursuant to the National proportionally to each amount therein: Provided vided under this heading is designated as an Science Foundation Act of 1950, as amended, in- emergency requirement and necessary to meet further, That within the amounts provided cluding authorized travel, $244,740,000, to re- emergency needs pursuant to subsections (a) under this heading, management and operations main available until expended. of National Aeronautics and Atmospheric Ad- and (b) of section 204 of S. Con. Res. 21 (110th ministration centers shall not exceed Congress). EDUCATION AND HUMAN RESOURCES $1,150,800,000; corporate general and adminis- ADMINISTRATIVE PROVISION For necessary expenses in carrying out science trative costs shall not exceed $345,000,000; and For fiscal year 2009 and hereafter, the Na- and engineering education and human resources institutional investments, including planning, tional Aeronautics and Space Administration programs and activities pursuant to the Na- design, maintenance, repair, rehabilitation and shall provide, at a minimum, the following in- tional Science Foundation Act of 1950, as modification of existing facilities, construction formation in its annual budget justification: amended (42 U.S.C. 1861–1875), including serv- of new facilities, acquisition and condemnation (1) The actual, current, proposed funding ices as authorized by 5 U.S.C. 3109, authorized of real property as authorized by law, and envi- level, and estimated budgets for the next five fis- travel, and rental of conference rooms in the ronmental compliance and restoration shall not cal years by directorate, theme, program, project District of Columbia, $850,600,000, to remain exceed $195,500,000: Provided further, That and activity within each appropriations ac- available until September 30, 2009. funds provided under this heading shall be count. AGENCY OPERATIONS AND AWARD MANAGEMENT available only according to the terms and condi- (2) The budget for headquarters including— tions specified in the committee report of the (A) the budget by office for the actual, cur- For salaries and expenses necessary in car- Senate accompanying this Act: Provided fur- rent, proposed funding level, and estimated rying out the National Science Foundation Act ther, That of the amounts appropriated or oth- budgets for the next five fiscal years; of 1950, as amended (42 U.S.C. 1861–1875); serv- (B) the travel budget for each office for the erwise made available under this heading for ices authorized by 5 U.S.C. 3109; hire of pas- actual, current, and proposed funding level; cross-agency support programs, $10,000,000 may senger motor vehicles; not to exceed $9,000 for and official reception and representation expenses; be made available, and distributed in equal in- (C) the civil service full time equivalent as- crements, to each of NASA’s 10 centers for the uniforms or allowances therefor, as authorized signments per headquarters office including the by 5 U.S.C. 5901–5902; rental of conference rooms development of educational activities in science, number of Senior Executive Service, noncareer, technology, engineering, and mathematics re- in the District of Columbia; and reimbursement detailee, and contract personnel per office. of the General Services Administration for secu- lated to the civilian space program of the United (3) Concurrent with the submission of the rity guard services; $285,590,000: Provided, That States. budget to the Congress an accompanying volume contracts may be entered into under ‘‘Agency EXPLORATION CAPABILITIES shall be provided to the Committee on Appro- Operations and Award Management’’ in fiscal priations containing the following information For necessary expenses in the conduct and year 2008 for maintenance and operation of fa- for each center and federally funded research support of exploration capabilities research and cilities, and for other services, to be provided and development center operated by the Na- development activities, including research, de- during the next fiscal year. velopment, operations, support and services; tional Aeronautics and Space Administration: space flight, spacecraft control and communica- (A) the actual, current, proposed funding OFFICE OF THE NATIONAL SCIENCE BOARD tions activities including operations, production, level, and estimated budgets for the next five fis- For necessary expenses (including payment of and services; program management; personnel cal years by directorate, theme, program, salaries, authorized travel, hire of passenger and related costs, including uniforms or allow- project, and activity; motor vehicles, the rental of conference rooms in ances therefor, as authorized by 5 U.S.C. 5901– (B) The proposed programmatic and non-pro- the District of Columbia, and the employment of 5902; travel expenses; purchase and hire of pas- grammatic construction of facilities; experts and consultants under section 3109 of (C) The number of civil service full time equiv- senger motor vehicles; not to exceed $35,000 for title 5, United States Code) involved in carrying alent positions per center for each identified fis- official reception and representation expenses; out section 4 of the National Science Founda- and purchase, lease, charter, maintenance and cal year; (D) The number of civil service full time equiv- tion Act of 1950 (42 U.S.C. 1863) and Public Law operation of mission and administrative aircraft, alent positions considered to be uncovered ca- 86–209 (42 U.S.C. 1880 et seq.), $4,030,000: Pro- $6,792,000,000, of which $5,200,000 shall remain pacity at each location for each identified fiscal vided, That not to exceed $9,000 shall be avail- available until expended and $6,786,800,000 shall year. able for official reception and representation ex- remain available until September 30, 2009: Pro- (4) Sufficient narrative shall be provided to penses. vided, That of the amounts provided under this explain the request for each program, project, OFFICE OF INSPECTOR GENERAL heading, $4,007,760,000 shall be for Space Shut- and activity, and an explanation for any devi- For necessary expenses of the Office of In- tle operations, production, research, develop- ation to previously adopted baselines for all jus- spector General as authorized by the Inspector ment, and support and $2,238,610,000 shall be for tification materials provided to the Committee. International Space Station operations, produc- General Act of 1978, as amended, $12,350,000, to NATIONAL SCIENCE FOUNDATION tion, research, development, and support: Pro- remain available until September 30, 2009. vided further, That within the amounts pro- RESEARCH AND RELATED ACTIVITIES This title may be cited as the ‘‘Science Appro- vided under this heading, management and op- For necessary expenses in carrying out the priations Act, 2008’’. National Science Foundation Act of 1950, as erations of National Aeronautics and Atmos- TITLE IV pheric Administration centers shall not exceed amended (42 U.S.C. 1861–1875), and the Act to $862,200,000; corporate general and administra- establish a National Medal of Science (42 U.S.C. RELATED AGENCIES tive costs shall not exceed $263,700,000; and in- 1880–1881); services as authorized by 5 U.S.C. COMMISSION ON CIVIL RIGHTS stitutional investments, including planning, de- 3109; maintenance and operation of aircraft and SALARIES AND EXPENSES sign, maintenance, repair, rehabilitation and purchase of flight services for research support; modification of existing facilities, construction acquisition of aircraft; and authorized travel; For necessary expenses of the Commission on of new facilities, acquisition and condemnation $5,156,090,000, to remain available until Sep- Civil Rights, including hire of passenger motor of real property as authorized by law, and envi- tember 30, 2009, of which not to exceed vehicles, $9,000,000: Provided, That none of the ronmental compliance and restoration shall not $510,000,000 shall remain available until ex- funds appropriated in this paragraph shall be exceed $124,200,000: Provided further, That pended for Polar research and operations sup- used to employ in excess of four full-time indi- funds provided under this heading shall be port, and for reimbursement to other Federal viduals under Schedule C of the Excepted Serv- available only according to the terms and condi- agencies for operational and science support ice exclusive of one special assistant for each tions specified in the committee report of the and logistical and other related activities for the Commissioner: Provided further, That none of Senate accompanying this Act. United States Antarctic program: Provided, the funds appropriated in this paragraph shall be used to reimburse Commissioners for more OFFICE OF INSPECTOR GENERAL That from funds specified in the fiscal year 2008 budget request for icebreaking services, up to than 75 billable days, with the exception of the For necessary expenses of the Office of In- $57,000,000 shall be available for the procure- chairperson, who is permitted 125 billable days. spector General in carrying out the Inspector ment of polar icebreaking services: Provided fur- EQUAL EMPLOYMENT OPPORTUNITY COMMISSION General Act of 1978, as amended, $34,600,000. ther, That the National Science Foundation RETURN TO FLIGHT shall only reimburse the Coast Guard for such SALARIES AND EXPENSES For necessary expenses, not otherwise pro- sums as are agreed to according to the existing For necessary expenses of the Equal Employ- vided for, in carrying out return to flight activi- memorandum of agreement: Provided further, ment Opportunity Commission as authorized by ties associated with the space shuttle and activi- That receipts for scientific support services and title VII of the Civil Rights Act of 1964 (29 ties from which funds were transferred to ac- materials furnished by the National Research U.S.C. 206(d) and 621–634), the Americans with commodate return to flight activities, Centers and other National Science Foundation Disabilities Act of 1990, and the Civil Rights Act $1,000,000,000 to remain available until expended supported research facilities may be credited to of 1991, including services as authorized by 5 with such sums as determined by the Adminis- this appropriation. U.S.C. 3109; hire of passenger motor vehicles as

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 6333 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13124 CONGRESSIONAL RECORD — SENATE October 18, 2007 authorized by 31 U.S.C. 1343(b); non-monetary Provided, That not to exceed $124,000 shall be excess of $500,000 or 10 percent, whichever is awards to private citizens; and not to exceed available for official reception and representa- less, that: (1) augments existing programs, $37,000,000 for payments to State and local en- tion expenses: Provided further, That negotia- projects, or activities; (2) reduces by 10 percent forcement agencies for services to the Commis- tions shall be conducted within the World Trade funding for any existing program, project, or ac- sion pursuant to title VII of the Civil Rights Act Organization to recognize the right of members tivity, or numbers of personnel by 10 percent as of 1964, sections 6 and 14 of the Age Discrimina- to distribute monies collected from antidumping approved by Congress; or (3) results from any tion in Employment Act, the Americans with and countervailing duties: Provided further, general savings, including savings from a reduc- Disabilities Act of 1990, and the Civil Rights Act That negotiations shall be conducted within the tion in personnel, which would result in a of 1991, $378,000,000: Provided, That funds made World Trade Organization consistent with the change in existing programs, activities, or available under this heading shall only be allo- negotiating objectives contained in the Trade projects as approved by Congress; unless the cated in the manner specified in the report ac- Act of 2002, Public Law 107–210. Senate Committee on Appropriations is notified companying this Act: Provided further, That no STATE JUSTICE INSTITUTE 15 days in advance of such reprogramming of funds made available under this heading may be funds. SALARIES AND EXPENSES used to operate the National Contact Center: SEC. 506. Hereafter, none of the funds made Provided further, That the Commission may For necessary expenses of the State Justice In- available in this Act or any other Act may be take no action to implement any workforce repo- stitute, as authorized by the State Justice Insti- used for the construction, repair (other than sitioning, restructuring, or reorganization until tute Authorization Act of 1992 (Public Law 102– emergency repair), overhaul, conversion, or such time as the Senate Committee on Appro- 572), $3,500,000: Provided, That not to exceed modernization of vessels for the National Oce- priations has been notified of such proposals, in $2,500 shall be available for official reception anic and Atmospheric Administration in ship- accordance with the reprogramming require- and representation expenses. yards located outside of the United States. ments of section 505 of this Act. TITLE V SEC. 507. If it has been finally determined by INTERNATIONAL TRADE COMMISSION GENERAL PROVISIONS a court or Federal agency that any person in- tentionally affixed a label bearing a ‘‘Made in SALARIES AND EXPENSES SEC. 501. The Departments of Commerce and America’’ inscription, or any inscription with Justice, the National Science Foundation, and For necessary expenses of the International the same meaning, to any product sold in or the National Aeronautics and Space Adminis- Trade Commission, including hire of passenger shipped to the United States that is not made in tration shall provide to the Senate Committee on motor vehicles, and services as authorized by 5 the United States, the person shall be ineligible Appropriations a quarterly accounting of the U.S.C. 3109, and not to exceed $2,500 for official to receive any contract or subcontract made cumulative balances of any unobligated funds reception and representation expenses, with funds made available in this Act, pursuant that were made available to any such agency in $68,400,000, to remain available until expended. to the debarment, suspension, and ineligibility any previous appropriations Act. LEGAL SERVICES CORPORATION procedures described in sections 9.400 through SEC. 502. No part of any appropriation con- 9.409 of title 48, Code of Federal Regulations. PAYMENT TO THE LEGAL SERVICES CORPORATION tained in this Act shall remain available for ob- SEC. 508. Any costs incurred by a department For payment to the Legal Services Corpora- ligation beyond the current fiscal year unless or agency funded under this Act resulting from tion to carry out the purposes of the Legal Serv- expressly so provided herein. personnel actions taken in response to funding ices Corporation Act of 1974, $390,000,000, of SEC. 503. The expenditure of any appropria- reductions included in this Act shall be absorbed which $373,000,000 is for basic field programs tion under this Act for any consulting service within the total budgetary resources available to and required independent audits; $3,200,000 is through procurement contract, pursuant to 5 such department or agency: Provided, That the for the Office of Inspector General, of which U.S.C. 3109, shall be limited to those contracts authority to transfer funds between appropria- such amounts as may be necessary may be used where such expenditures are a matter of public tions accounts as may be necessary to carry out to conduct additional audits of recipients; record and available for public inspection, ex- this section is provided in addition to authori- $13,800,000 is for management and administra- cept where otherwise provided under existing ties included elsewhere in this Act: Provided tion; $3,000,000 is for client self-help and infor- law, or under existing Executive order issued further, That use of funds to carry out this sec- mation technology: Provided, That the Legal pursuant to existing law. tion shall be treated as a reprogramming of Services Corporation may continue to provide SEC. 504. If any provision of this Act or the funds under section 505 of this Act and shall not locality pay to officers and employees at a rate application of such provision to any person or be available for obligation or expenditure except no greater than that provided by the Federal circumstances shall be held invalid, the remain- in compliance with the procedures set forth in Government to Washington, DC-based employ- der of the Act and the application of each provi- that section. ees as authorized by 5 United States Code 5304, sion to persons or circumstances other than SEC notwithstanding section 1005(d) of the Legal those as to which it is held invalid shall not be . 509. None of the funds provided by this Services Corporation Act, 42 United States Code affected thereby. Act shall be available to promote the sale or export of tobacco or tobacco products, or to seek 2996(d). SEC. 505. (a) None of the funds provided under the reduction or removal by any foreign country ADMINISTRATIVE PROVISION—LEGAL SERVICES this Act, or provided under previous appropria- of restrictions on the marketing of tobacco or to- CORPORATION tions Acts to the agencies funded by this Act bacco products, except for restrictions which are that remain available for obligation or expendi- None of the funds appropriated in this Act to not applied equally to all tobacco or tobacco ture in fiscal year 2008, or provided from any ac- the Legal Services Corporation shall be ex- products of the same type. pended for any purpose prohibited or limited by, counts in the Treasury of the United States de- SEC. 510. None of the funds appropriated pur- or contrary to any of the provisions of, sections rived by the collection of fees available to the agencies funded by this Act, shall be available suant to this Act or any other provision of law 501, 502, 503, 504, 505, and 506 of Public Law may be used for— 105–119, and all funds appropriated in this Act for obligation or expenditure through a re- (1) the implementation of any tax or fee in to the Legal Services Corporation shall be sub- programming of funds that: (1) creates new pro- connection with the implementation of subject to the same terms and conditions set forth grams; (2) eliminates a program, project, or ac- section 922(t) of title 18, United States Code; and in such sections, except that all references in tivity; (3) increases funds or personnel by any sections 502 and 503 to 1997 and 1998 shall be means for any project or activity for which (2) any system to implement subsection 922(t) deemed to refer instead to 2006 and 2007, respec- funds have been denied or restricted; (4) relo- of title 18, United States Code, that does not re- tively. cates an office or employees; (5) reorganizes or quire and result in the destruction of any iden- renames offices, programs, or activities; or (6) tifying information submitted by or on behalf of MARINE MAMMAL COMMISSION contracts out or privatizes any functions or ac- any person who has been determined not to be SALARIES AND EXPENSES tivities presently performed by Federal employ- prohibited from possessing or receiving a firearm For necessary expenses of the Marine Mam- ees; unless the Senate Committee on Appropria- no more than 24 hours after the system advises mal Commission as authorized by title II of Pub- tions is notified 15 days in advance of such re- a Federal firearms licensee that possession or re- lic Law 92–522, $3,000,000. programming of funds. ceipt of a firearm by the prospective transferee (b) None of the funds provided under this Act, would not violate subsection (g) or (n) of section OFFICE OF THE UNITED STATES TRADE or provided under previous appropriations Acts 922 of title 18, United States Code, or State law. REPRESENTATIVE to the agencies funded by this Act that remain SEC. 511. Notwithstanding any other provision SALARIES AND EXPENSES available for obligation or expenditure in fiscal of law, amounts deposited or available in the For necessary expenses of the Office of the year 2008, or provided from any accounts in the Fund established under 42 U.S.C. 10601 in any United States Trade Representative, including Treasury of the United States derived by the fiscal year in excess of $625,000,000 shall not be the hire of passenger motor vehicles and the em- collection of fees available to the agencies fund- available for obligation until the following fiscal ployment of experts and consultants as authored by this Act, shall be available for obligation year. ized by 5 U.S.C. 3109, $47,800,000, of which or expenditure for activities, programs, or SEC. 512. None of the funds made available to $1,000,000 shall remain available until expended: projects through a reprogramming of funds in the Department of Justice in this Act

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 6333 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13125 may be used to discriminate against or denigrate of the Office and Management and Budget, in tionary contract award that is specified in the the religious or moral beliefs of students who consultation with the Director of the Office of report accompanying this Act, or to publicly an- participate in programs for which financial as- Government Ethics, determines that a uniform nounce the intention to make such an award, sistance is provided from those funds, or of the set of rules and requirements, substantially simi- unless the Attorney General, Secretary, Admin- parents or legal guardians of such students. lar to the requirements in such subsections, con- istrator or Director of the appropriate agency or SEC. 513. None of the funds made available in sistently apply under the executive branch eth- bureau notifies the Senate Committee on Appro- this Act may be transferred to any department, ics program to all Federal departments, agen- priations, at least three full business days in ad- agency, or instrumentality of the United States cies, and entities. vance: Provided, That no notification shall in- Government, except pursuant to a transfer made SEC. 517. None of the funds appropriated or volve funds that are not available for obliga- by, or transfer authority provided in, this Act or otherwise made available under this Act may be tion. any other appropriations Act. used to issue patents on claims directed to or en- SEC. 525. None of the funds provided in this SEC. 514. With the consent of the President, compassing a human organism. Act may be used to implement an involuntary the Secretary of Commerce shall represent the SEC. 518. If at any time during any quarter, reduction in force at any NASA center during United States Government in negotiating and the program manager of a project within the ju- fiscal year 2008. monitoring international agreements regarding risdiction of the Departments of Commerce or SEC. 526. (a) MODIFICATION OF ENHANCED-USE fisheries, marine mammals, or sea turtles: Pro- Justice, the National Aeronautics and Space Ad- LEASE AUTHORITY FOR NASA.—Subsection (a) of vided, That the Secretary of Commerce shall be ministration, or the National Science Founda- section 315 of the National Aeronautics and responsible for the development and interdepart- tion totaling more than $75,000,000 has reason- Space Administration Act of 1958 (42 U.S.C. mental coordination of the policies of the United able cause to believe that the total program cost 2459j) is amended— States with respect to the international negotia- has increased by 10 percent, the program man- (1) by striking ‘‘Notwithstanding any other tions and agreements referred to in this section. ager shall immediately inform the Secretary, Ad- provision of law, the Administrator’’ and insert- SEC. 515. Any funds provided in this Act used ministrator, or Director. The Secretary, Admin- ing ‘‘The Administrator’’; and to implement E-Government Initiatives shall be istrator, or Director shall notify the Senate (2) by striking ‘‘any real property’’ and insert- subject to the procedures set forth in section 505 Committee on Appropriations within 30 days in ing ‘‘any non-excess real property and related of this Act. writing of such increase, and shall include in personal property’’; and SEC. 516. ACCOUNTABILITY AND TRANSPARENCY such notice: the date on which such determina- (3) by striking ‘‘at no more than two (2) Na- OF ACTIVITIES CARRIED OUT WITH FUNDS PRO- tion was made; a statement of the reasons for tional Aeronautics and Space Administration VIDED BY THIS ACT. (a) AUDIT PROGRESS RE- such increases; the action taken and proposed (NASA) centers’’. PORTS.—The Inspectors General of the Depart- to be taken to control future cost growth of the (b) CONSIDERATION.—Subsection (b) of such ment of Commerce, the Department of Justice, project; changes made in the performance or section is amended— the National Aeronautics and Space Adminis- schedule milestones and the degree to which tration, and the National Science Foundation such changes have contributed to the increase (1) in paragraph (1), by striking ‘‘consider- shall conduct audits, pursuant to the Inspector in total program costs or procurement costs; new ation’’ and all that follows through the end of General Act (5 U.S.C. App.), of grants or con- estimates of the total project or procurement the paragraph and inserting ‘‘cash consider- tracts for which funds are appropriated by this costs; and a statement validating that the ation for the lease at fair market value as deter- Act, and shall submit reports to Congress on the project’s management structure is adequate to mined by the Administrator.’’; progress of such audits, which may include pre- control total project or procurement costs. (2) by striking paragraph (2); liminary findings and a description of areas of SEC. 519. None of the funds made available in (3) by redesignating paragraph (3) as para- particular interest, within 180 days after initi- this Act shall be used in any way whatsoever to graph (2); and ating such an audit and every 180 days there- support or justify the use of torture by any offi- (4) in paragraph (2), as redesignated by para- after until any such audit is completed. cial or contract employee of the United States graph (3) of this subsection— (b) AVAILABILITY TO THE PUBLIC.—Within 60 Government. (A) in subparagraph (B), by striking ‘‘mainte- days after the date on which an audit described SEC. 520. Notwithstanding section 505 of this nance’’ and all that follows through ‘‘centers in subsection (a) by an Inspector General is Act, no funds shall be reprogrammed within or selected for this demonstration program’’ and completed, the Secretary, Attorney General, Ad- transferred between appropriations after June inserting ‘‘capital revitalization and construc- ministrator, or Director, as appropriate, shall 30, except in extraordinary circumstances. tion projects and improvements of real property make the results of the audit available to the SEC. 521. Funds appropriated by this Act, or assets and related personal property under the public on the Internet website maintained by made available by the transfer of funds in this jurisdiction of the Administrator’’; and the Department, Administration, or Foundation, Act, for intelligence or intelligence related ac- (B) by adding at the end the following new respectively. The results shall be made available tivities are deemed to be specifically authorized subparagraph: in redacted form to exclude— by the Congress for purposes of section 504 of ‘‘(C) Amounts utilized under subparagraph (1) any matter described in section 552(b) of the National Security Act of 1947 (50 U.S.C. 414) (B) may not be utilized for daily operating title 5, United States Code; and during fiscal year 2008 until the enactment of costs.’’. (2) sensitive personal information for any in- the Intelligence Authorization Act for Fiscal (c) LEASE RESTRICTIONS.—Subsection (e) of dividual, the public access to which could be Year 2008. such section is amended— used to commit identity theft or for other inap- SEC. 522. The Offices of Inspectors General (1) by striking ‘‘LEASE RESTRICTIONS.—NASA’’ propriate or unlawful purposes. funded under this Act shall forward copies of and inserting the following: ‘‘LEASE RESTRIC- (c) PROHIBITED USE OF FUNDS.—A grant or all audit reports to the Senate Committee on Ap- TIONS.— contract funded by amounts appropriated by propriations immediately after they are issued ‘‘(1) NASA’’; and this Act may not be used for the purpose of de- and immediately make the Committee aware of fraying the costs of a banquet or conference any review that recommends cancellation of, or (2) by adding at the end the following new that is not directly and programmatically re- modification to, any major acquisition project or paragraph: lated to the purpose for which the grant or con- grant, or that recommends significant budgetary ‘‘(2) NASA is not authorized to enter into an tract was awarded, such as a banquet or con- savings: Provided, That the Offices of Inspectors out-lease under this section unless the Adminis- ference held in connection with planning, train- General funded under this Act shall withhold trator certifies that such out-lease will not have ing, assessment, review, or other routine pur- from public distribution for a period of 15 days a negative impact on NASA’s mission.’’. poses related to a project funded by the grant or any final audit or investigation report that was (d) REPEAL OF PLAN AND REPORTING REQUIRE- contract. requested by the Senate Committee on Appro- MENTS.—Such section is further amended by (d) CONFLICT OF INTEREST STATEMENT.—Any priations. striking subsection (f). person awarded a grant or contract funded by SEC. 523. Hereafter, none of the funds made (e) SUNSET.—Such section is further amended amounts appropriated by this Act shall submit a available by the Congress may be used to imple- by adding at the end the following new sub- statement to the Secretary of Commerce, the At- ment, administer, or enforce any guidelines of section (f): torney General, the Administrator, or the Direc- the Equal Employment Opportunity Commission ‘‘(f) SUNSET.—The authority to enter into tor, as appropriate, certifying that no funds de- covering harassment based on religion, when it leases under this section shall expire on the date rived from the grant or contract will be made is made known to the Federal entity or official that is ten years after the date of the enactment available through a subcontract or in any other to which such funds are made available that of the Commerce, Justice, Science, and Related manner to another person who has a financial such guidelines do not differ in any respect from Agencies Appropriations Act of 2008. The expi- interest in the person awarded the grant or con- the proposed guidelines published by the Com- ration under this subsection of authority to tract. mission on October 1, 1993 (58 Fed. Reg. 51266). enter into leases under this section shall not af- (e) APPLICATION TO OTHER FEDERAL GRANTS SEC. 524. None of the funds in this Act or prior fect the validity or term of leases or NASA’s re- AND CONTRACTS.—The provisions of the pre- Acts making appropriations for the Department tention of proceeds from leases entered into ceding subsections of this section shall take ef- of Justice may be used to make a grant alloca- under this section before the date of the expira- fect 30 days after the date on which the Director tion, a discretionary grant award, or a discretion of such authority.’’.

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 6333 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13126 CONGRESSIONAL RECORD — SENATE October 18, 2007

(f) CONFORMING AMENDMENT.—The heading (D) an Alaska Native-serving institution as (5) CONSULTATIONS; REPORT.— of such section is amended by striking ‘‘En- that term is defined in section 317(b)(2) of the (A) CONSULTATIONS.—The Administrator shall hanced-use lease of real property demonstra- Higher Education Act of 1965 (20 U.S.C. consult with the Committee on Appropriations tion’’ and inserting ‘‘Lease of non-excess prop- 1059d(b)(2)); or and the Committee on Commerce, Science, and erty’’. (E) a Native Hawaiian-serving institution as Transportation of the Senate and the Committee SEC. 527. LIMITATION. (a) IN GENERAL.—None that term is defined in section 317(b)(4) of the on Appropriations and the Committee on Energy of the funds made available in this Act shall be Higher Education Act of 1965 (20 U.S.C. and Commerce of the House of Representatives, used to initiate or participate in a civil action 1059d(b)(4)). on a quarterly basis regarding the pilot program by or on the behalf of the Equal Employment (3) HISTORICALLY BLACK COLLEGE OR UNIVER- assisted under this subsection. Opportunity Commission against an entity on SITY.—The term ‘‘historically Black college or (B) REPORT.—Not later than 1 year after the the grounds that the entity requires an em- university’’ means a part B institution as that date of enactment of this section, the Adminis- ployee to speak English while engaged in work. term is defined in section 322(2) of the Higher trator shall submit to the committees described (b) EFFECTIVE DATE.—Subsection (a) shall Education Act of 1965 (20 U.S.C. 1061(2)). in subparagraph (A) a report evaluating the apply with respect to all civil actions that com- (d) MINORITY ONLINE DEGREE PILOT PRO- progress of the pilot program assisted under this mence on or after the date of enactment of this GRAM.— subsection. Act. (1) PILOT PROGRAM ESTABLISHED.— SEC. 528. FUNDS FOR TEACH FOR AMERICA.—Of (A) IN GENERAL.—There is established within (6) LIMITATION ON USE OF OTHER FUNDS.—The the funds provided in this Act for the National the National Telecommunications and Informa- Administrator shall carry out this subsection Aeronautics and Space Administration, under tion Administration a pilot program under only with amounts appropriated in advance spe- the heading ‘‘SCIENCE, AERONAUTICS, AND EX- which the Administrator shall award 9 grants to cifically to carry out this subsection. PLORATION’’, $3,000,000 may be for Teach for eligible educational institutions to enable the el- SEC. 532. (a) The Administrator of the Na- America for science, technology, engineering, igible educational institutions to develop digital tional Aeronautics and Space Administration and mathematics related activities. and wireless networks for online educational shall submit quarterly reports to the Inspector SEC. 529. Not later than 30 days after the date programs of study within the eligible edu- General of the National Aeronautics and Space of enactment of this Act, the Departments, cational institutions. The Administrator shall Administration regarding the costs and con- agencies, and commissions funded under this award not less than 1 grant to each type of eli- tracting procedures relating to each conference Act, shall establish and maintain on the gible educational institution, enumerated under or meeting, held by the National Aeronautics homepages of their Internet websites— subsection (c)(2). and Space Administration during fiscal year (1) a direct link to the Internet websites of (B) GRANT NUMBER AND AMOUNT.— 2008, and each year thereafter, for which the their Offices of Inspectors General; and (i) NUMBER.—The Administrator shall award cost to the Government was more than $20,000. (2) a mechanism on the Offices of Inspectors a total of 9 grants under this subsection. General website by which individuals may (b) Each report submitted under subsection (a) (ii) GRANT PAYMENT AMOUNTS.—The Adminis- anonymously report cases of waste, fraud, or shall include, for each conference described in trator shall make grant payments under this abuse with respect to those Departments, agen- that subsection held during the applicable quar- subsection in the amount of $500,000. cies, and commissions. ter— (2) PRIORITY.— SEC. 530. None of the funds appropriated or (1) a description of the number of and purpose (A) IN GENERAL.—In awarding grants under otherwise made available by this Act may be of participants attending that conference or this subsection the Administrator shall give pri- used to enter into a contract in an amount meeting; ority to an eligible educational institution that, greater than $5,000,000 or to award a grant in according to the most recent data available (in- (2) a detailed statement of the costs to the excess of such amount unless the prospective cluding data available from the Bureau of the Government relating to that conference or meet- contractor or grantee certifies in writing to the ing, including— agency awarding the contract or grant that, to Census), serves a county, or other appropriate (A) the cost of any food or beverages; the best of its knowledge and belief, the con- political subdivision where no counties exist— tractor or grantee has filed all Federal tax re- (i) in which 50 percent of the residents of the (B) the cost of any audio-visual services; turns required during the three years preceding county, or other appropriate political subdivi- (C) the cost of all related travel; and sion where no counties exist, are members of a the certification, has not been convicted of a (D) a discussion of the methodology used to criminal offense under the Internal Revenue racial or ethnic minority; (ii) in which less than 18 percent of the resi- determine which costs relate to that conference Code of 1986, and has not, more than 90 days or meeting; and prior to certification, been notified of any un- dents of the county, or other appropriate polit- (3) a description of the contracting procedures paid Federal tax assessment for which the liabil- ical subdivision where no counties exist, have relating to that conference or meeting, includ- ity remains unsatisfied, unless the assessment is obtained a baccalaureate degree or a higher ing— the subject of an installment agreement or offer education; in compromise that has been approved by the (iii) that has an unemployment rate of 7 per- (A) whether contracts were awarded on a Internal Revenue Service and is not in default, cent or greater; competitive basis; and or the assessment is the subject of a non-frivo- (iv) in which 20 percent or more of the resi- (B) a discussion of any cost comparison con- lous administrative or judicial proceeding. dents of the county, or other appropriate polit- ducted by the National Aeronautics and Space SEC. 531. DIGITAL AND WIRELESS NETWORKS ical subdivision where no counties exist, live in Administration in evaluating potential contrac- FOR HIGHER EDUCATION PILOT PROGRAM. (a) poverty; tors for any conference or meeting. (v) that has a negative population growth SHORT TITLE.—This section may be cited as the SEC. 533. LIMITATION AND REPORTS ON TRAVEL rate; or ‘‘ED 1.0 Act’’. EXPENSES TO CONFERENCES. (a) In this section, (vi) that has a family income of not more than (b) APPROPRIATIONS.—Notwithstanding any the term conference means a meeting that— other provision of this Act, from the amount ap- $32,000. (1) is held for consultation, education, aware- propriated under title I under the heading (B) HIGHEST PRIORITY.—In awarding grants ness, or discussion; ‘‘Technology Opportunities Program’’, under this subsection the Administrator shall $4,500,000 may be available for the pilot program give the highest priority to an eligible edu- (2) includes participants who are not all em- under this section, to remain available until ex- cational institution that meets the greatest num- ployees of the same agency; pended. ber of requirements described in clauses (i) (3) is not held entirely at an agency facility; (c) DEFINITIONS.—In this section: through (vi) of subparagraph (A). (4) involves costs associated with travel and (1) ADMINISTRATOR.—The term ‘‘Adminis- (3) USE OF FUNDS.—An eligible educational in- lodging for some participants; and trator’’ means the Administrator of the National stitution receiving a grant under this subsection (5) is sponsored by 1 or more agencies, 1 or Telecommunications and Information Adminis- may use the grant funds— more organizations that are not agencies, or a tration. (A) to acquire equipment, instrumentation, combination of such agencies or organizations. (2) ELIGIBLE EDUCATIONAL INSTITUTION.—The networking capability, hardware, software, dig- term ‘‘eligible educational institution’’ means an ital network technology, wireless technology, or (b) The Administrator of NASA shall, not later institution that is— wireless infrastructure; than September 30, 2008, submit to the appro- (A) a historically Black college or university; (B) to develop and provide educational serv- priate committees of Congress and post on the (B) a Hispanic-serving institution as that term ices, including faculty development; or public Internet website of the agency in a is defined in section 502(a)(5) of the Higher Edu- (C) to develop strategic plans for information searchable, electronic format, a report on each cation Act of 1965 (20 U.S.C. 1101a(a)(5)); technology investments. conference for which the agency paid travel ex- (C) a tribally controlled college or university (4) MATCHING NOT REQUIRED.—The Adminis- penses during fiscal year 2008 that includes— as that term is defined in section 2(a)(4) of the trator shall not require an eligible educational (1) the itemized expenses paid by the agency, Tribally Controlled College or University Assist- institution to provide matching funds for a including travel expenses and any agency ex- ance Act of 1978 (25 U.S.C. 1801(a)(4)); grant awarded under this subsection. penditure to otherwise support the conference;

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 6333 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13127 (2) the primary sponsor of the conference; migration and Nationality Act (8 U.S.C. ‘‘(II) require that a copy of the court order be (3) the location of the conference; 1184(g)(9)(A)) is amended by striking ‘‘an alien sent to each such victim; and (4) in the case of a conference for which the who has already been counted toward the nu- ‘‘(III) inform each such victim of the obliga- agency was the primary sponsor, a statement merical limitation of paragraph (1)(B) during tion to notify the appropriate entities of any that— fiscal year 2004, 2005, or 2006 shall not again be change in address. (A) justifies the location selected; counted toward such limitation during fiscal (B) demonstrates the cost efficiency of the lo- year 2007.’’ and inserting ‘‘an alien who has ‘‘(ii) It shall be the responsibility of each vic- cation; been present in the United States as an H–2B tim to whom restitution is owed to notify the At- (C) the date of the conference; nonimmigrant during any 1 of the 3 fiscal years torney General, or the appropriate entity of the (D) a brief explanation how the conference immediately preceding the fiscal year of the ap- court, by means of a form to be provided by the advanced the mission of the agency; and proved start date of a petition for a non- Attorney General or the court, of any change in (E) the total number of individuals who travel immigrant worker described in section the victim’s mailing address while restitution is or attendance at the conference was paid for in 101(a)(15)(H)(ii)(b) shall not be counted toward still owed to the victim. part or full by the agency. such limitation for the fiscal year in which the ‘‘(iii) The confidentiality of any information SEC. 534. None of the funds appropriated or petition is approved.’’. relating to a victim under this subparagraph otherwise made available in this Act may be (b) EFFECTIVE DATE.—The amendment made shall be maintained. used in a manner that is inconsistent with the by subsection (a) shall be effective during the 1- ‘‘(2) The court shall order that the restitution principal negotiating objective of the United year period beginning October 1, 2007. imposed is due in full immediately upon imposi- States with respect to trade remedy laws to pre- TITLE VI tion. serve the ability of the United States— (1) to enforce vigorously its trade laws, in- RESCISSIONS ‘‘(3) The court shall direct the defendant— cluding antidumping, countervailing duty, and DEPARTMENT OF COMMERCE ‘‘(A) to make a good-faith effort to satisfy the restitution order in the shortest time in which safeguard laws; NATIONAL INSTITUTE OF STANDARDS AND full restitution can be reasonably made, and to (2) to avoid agreements that— TECHNOLOGY (A) lessen the effectiveness of domestic and refrain from taking any action that conceals or international disciplines on unfair trade, espe- INDUSTRIAL TECHNOLOGY SERVICES dissipates the defendant’s assets or income; cially dumping and subsidies; or (RESCISSION) ‘‘(B) to notify the court of any change in resi- (B) lessen the effectiveness of domestic and Of the unobligated balances available under dence; and international safeguard provisions, in order to this heading, $10,000,000 are rescinded. ‘‘(C) to notify the United States Attorney for ensure that United States workers, agricultural DEPARTMENT OF JUSTICE the district in which the defendant was sen- producers, and firms can compete fully on fair tenced of any change in residence, and of any terms and enjoy the benefits of reciprocal trade GENERAL ADMINISTRATION material change in economic circumstances that concessions; and Of the unobligated balances made available might affect the defendant’s ability to pay res- (3) to address and remedy market distortions for the Department of Justice in prior fiscal titution. that lead to dumping and subsidization, includ- years, $110,000,000 are rescinded: Provided, That ing overcapacity, cartelization, and market-ac- within 30 days after the date of enactment of ‘‘(4) Compliance with all payment directions cess barriers. this section the Attorney General shall submit to imposed under paragraphs (6) and (7) shall be SEC. 535. None of the funds appropriated or the Committees on Appropriations of the House prima facie evidence of a good faith effort under otherwise made available by this Act may be of Representatives and the Senate a report paragraph (3)(A), unless it is shown that the de- made available for a public-private competition specifying the amount of each rescission made fendant has concealed or dissipated assets. conducted under Office of Management and pursuant to this section. ‘‘(5) Notwithstanding any other provision of Budget Circular A–76 or to convert a function WORKING CAPITAL FUND law, for the purpose of enforcing a restitution performed by Federal employees to private sector order, a United States Attorney may receive, (RESCISSION) performance without such a competition unless without the need for a court order, any finan- a representative designated by a majority of the Of the unobligated balances available under cial information concerning the defendant ob- employees engaged in the performance of the ac- this heading, $41,000,000 are rescinded. tained by the grand jury that indicted the de- tivity or function for which the public-private DETENTION TRUSTEE fendant for the crime for which restitution has competition is conducted or which is to be con- (RESCISSION) been awarded, the United States Probation Of- verted without such a competition is treated as fice, or the Bureau of Prisons. A victim may also Of the unobligated balances available under an interested party with respect to such com- provide financial information concerning the this heading, $135,000,000 are rescinded. petition or decision to convert to private sector defendant to the United States Attorney. performance for purposes of subchapter V of LEGAL ACTIVITIES ‘‘(6)(A) At sentencing, or at any time prior to chapter 35 of title 31, United States Code. ASSETS FORFEITURE FUND the termination of a restitution obligation under SEC. 536. None of the funds made available section 3613 of this title, the court may— under this Act may be used to circumvent any (RESCISSION) statutory or administrative formula-driven or Of the unobligated balances available under ‘‘(i) impose special payment directions upon competitive awarding process to award funds to this heading, $240,000,000 are rescinded. the defendant or modify such directions; or a project in response to a request from a Member OFFICE OF JUSTICE PROGRAMS ‘‘(ii) direct the defendant to make a single, of Congress (or any employee of a Member or lump sum payment, partial payments at speci- JUSTICE ASSISTANCE committee of Congress), unless the specific fied intervals, in-kind payments, or a combina- project has been disclosed in accordance with (RESCISSION) tion of payments at specified intervals and in- the rules of the Senate or House of Representa- Of the unobligated balances available under kind payments. tives, as applicable. this heading, $87,500,000 are rescinded. ‘‘(B) The period of time over which scheduled SEC. 537. None of the funds made available COMMUNITY ORIENTED POLICING SERVICES payments are established for purposes of this under this Act may be used to purchase first (RESCISSION) paragraph shall be the shortest time in which class or premium airline travel that would not full payment reasonably can be made. be consistent with sections 301–10.123 and 301– Of the unobligated balances available under 10.124 of title 41 of the Code of Federal Regula- this heading, $37,500,000 are rescinded. ‘‘(C) In-kind payments may be in the form of the return of property, replacement of property, tions. TITLE VII—RESTITUTION SEC. 538. Section 2301 of the Implementing or, if the victim agrees, services rendered to the SEC. 701. SHORT TITLE. Recommendations of the 9/11 Commission Act of victim or a person or organization other than 2007 (47 U.S.C. 901 note) is amended by striking This title may be cited as the ‘‘Restitution for the victim. ‘‘the ‘Improving Emergency Communications Victims of Crime Act of 2007’’. ‘‘(D) In ordering restitution, the court may di- Act of 2007’.’’ and inserting ‘‘the ‘911 Mod- Subtitle A—Collection of Restitution rect the defendant to— ernization Act’.’’. SEC. 721. SHORT TITLE. ‘‘(i) repatriate any property that constitutes SEC. 539. Section 504(a)(11)(E) of the Omnibus This subtitle may be cited as the ‘‘Collection proceeds of the offense of conviction, or prop- Consolidated Rescissions and Appropriations of Restitution Improvement Act of 2007’’. erty traceable to such proceeds; and Act of 1996 (Public Law 104–134; 110 Stat. 1321– 55) is amended by inserting before ‘‘an alien’’ SEC. 722. PROCEDURE FOR ISSUANCE AND EN- ‘‘(ii) surrender to the United States, or to the the following: ‘‘a nonimmigrant worker admit- FORCEMENT OF RESTITUTION. victim named in the restitution order, any inter- ted to, or permitted to remain in, the United Section 3664(f) of title 18, United States Code, est of the defendant in any nonexempt asset. States under section 101(a)(15)(H)(ii)(b) of the is amended by striking paragraphs (2) through ‘‘(E) The court may enter a restraining order Immigration and Nationality Act (8 U.S.C. (4) and inserting the following: or injunction, require the execution of a satis- 1101(a)(15)(H)(ii)(b)) for forestry labor or’’. ‘‘(C)(i) Each restitution order shall— factory performance bond, or take any other ac- SEC. 540. SMALL AND SEASONAL BUSINESSES. ‘‘(I) contain information sufficient to identify tion to preserve the availability of property for (a) IN GENERAL.—Section 214(g)(9)(A) of the Im- each victim to whom restitution is owed; restitution.

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 6333 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13128 CONGRESSIONAL RECORD — SENATE October 18, 2007 ‘‘(7)(A) In determining whether to impose or circumstances that might affect the defendant’s substantial amount of the fine or assessment im- modify specific payment directions, the court ability to pay restitution. posed, the court may direct the defendant to may consider— ‘‘(3) GOOD FAITH.—Compliance with all pay- make nominal payments of not less than $100 ‘‘(i) the need to provide restitution to the vic- ment directions imposed by paragraphs (5) and per year toward the fine or assessment imposed. tims of the offense; (6) shall be prima facie evidence of a good faith ‘‘(9) INMATE FINANCIAL RESPONSIBILITY PRO- ‘‘(ii) the financial ability of the defendant; effort under paragraph (2)(A), unless it is GRAM.—Court-imposed special payment direc- ‘‘(iii) the economic circumstances of the de- shown that the defendant has concealed or dis- tions shall not limit the ability of the Attorney fendant, including the financial resources and sipated assets; General to maintain an Inmate Financial Re- other assets of the defendant and whether any ‘‘(4) ACCESS TO INFORMATION.—Notwith- sponsibility Program that encourages sentenced of those assets are jointly controlled; standing any other provision of law, for the inmates to meet their legitimate financial obliga- ‘‘(iv) the projected earnings and other income purpose of enforcing a fine or assessment, a tions. United States Attorney may receive, without the of the defendant; ‘‘(10) ENFORCEMENT.— ‘‘(v) any financial obligations of the defend- need for a court order, any financial informa- ant, including obligations to dependents; tion concerning the defendant obtained by a ‘‘(A) IN GENERAL.—The ability of the Attorney General to enforce the fines and assessment or- ‘‘(vi) whether the defendant has concealed or grand jury, the United States Probation Office, dered under paragraph (1) shall not be limited dissipated assets or income; and or the Bureau of Prisons. by an appeal, or the possibility of a correction, ‘‘(vii) any other appropriate circumstances. ‘‘(5) PAYMENT SCHEDULE.— ‘‘(A) IN GENERAL.—At sentencing, or at any modification, amendment, adjustment, or reim- ‘‘(B) Any substantial resources from any position of a sentence, unless the court expressly source, including inheritance, settlement, or time prior to the termination of a restitution obligation under section 3613 of this title, the court so orders, for good cause shown and stated on other judgment, shall be applied to any out- the record. standing restitution obligation. may— ‘‘(8)(A) If the court finds that the economic ‘‘(i) impose special payment directions upon ‘‘(B) EXCEPTIONS.—Absent exceptional cir- circumstances of the defendant do not allow the the defendant or modify such directions; or cumstances, as determined by the court, an payment of any substantial amount as restitu- ‘‘(ii) direct the defendant to make a single, order limiting enforcement of a fine or assess- tion, the court may direct the defendant to make lump sum payment, or partial payments at spec- ment shall— nominal payments of not less than $100 per year ified intervals. ‘‘(i) require the defendant to deposit, in the toward the restitution obligation. ‘‘(B) PERIOD OF TIME.—The period of time registry of the district court, any amount of the ‘‘(B) Any money received from the defendant over which scheduled payments are established fine or assessment that is due; for purposes of this paragraph shall be the under subparagraph (A) shall be disbursed so ‘‘(ii) require the defendant to post a bond or that any outstanding assessment imposed under shortest time in which full payment can reasonably be made. other security to ensure payment of the fine or section 3013 is paid first in full. assessment that is due; or ‘‘(C) REPATRIATION.—The court may direct ‘‘(9) Court-imposed special payment directions the defendant to repatriate any property that ‘‘(iii) impose additional restraints upon the shall not limit the ability of the Attorney Gen- constitutes proceeds of the offense of conviction, defendant to prevent the defendant from trans- eral to maintain an Inmate Financial Responsi- or property traceable to such proceeds. ferring or dissipating assets. bility Program that encourages sentenced inmates to meet their legitimate financial obliga- ‘‘(D) SURRENDER.—In ordering restitution, the ‘‘(C) OTHER ACTIVITIES.—No order described tions. court may direct the defendant to surrender to in subparagraph (B) shall restrain the ability of the United States any interest of the defendant ‘‘(10)(A) The ability of the Attorney General the United States to continue its investigation of in any non-exempt asset. to enforce restitution obligations ordered under the defendant’s financial circumstances, con- ‘‘(E) THIRD PARTIES.—If the court directs the paragraph (2) shall not be limited by appeal, or duct discovery, record a lien, or seek any in- defendant to repatriate or surrender any prop- the possibility of a correction, modification, junction or other relief from the court. erty in which it appears that any person other amendment, adjustment, or reimposition of a ‘‘(11) SPECIAL ASSESSMENTS.—The require- than the defendant may have a legal interest— sentence, unless the court expressly so orders for ments of this subsection shall apply to the impo- ‘‘(i) the court shall take such action as is nec- good cause shown and stated on the record. sition and enforcement of any assessment im- essary to protect such third party interest; and ‘‘(B) Absent exceptional circumstances, as de- posed under section 3013 of this title.’’. termined by the court, an order limiting the en- ‘‘(ii) may direct the United States to initiate SEC. 724. COLLECTION OF UNPAID FINES OR RES- forcement of restitution obligations shall— any ancillary proceeding to determine such third party interests in accordance with the pro- TITUTION. ‘‘(i) require the defendant to deposit, in the cedures specified in section 413(n) of the Con- registry of the district court, any amount of the Section 3612(b) of title 18, United States Code, trolled Substances Act (21 U.S.C. 853(n)). restitution that is due; is amended to read as follows: ‘‘(F) EXCLUSIVITY OF REMEDY.—Except as pro- ‘‘(ii) require the defendant to post a bond or ‘‘(b) INFORMATION TO BE INCLUDED IN JUDG- vided in this section, no person may commence other security to ensure payment of the restitu- MENT; JUDGMENT TO BE TRANSMITTED TO THE an action against the United States concerning tion that is due; or ATTORNEY GENERAL.— the validity of the party’s alleged interest in the ‘‘(iii) impose additional restraints upon the property subject to reparation or surrender. ‘‘(1) IN GENERAL.—A judgment or order impos- defendant to prevent the defendant from trans- ‘‘(G) PRESERVATION OF PROPERTY.—The court ing, modifying, or remitting a fine or restitution ferring or dissipating assets. may enter a restraining order or injunction, re- order of more than $100 shall include— ‘‘(C) No order described in subparagraph (B) quire the execution of a satisfactory perform- ‘‘(A) the name, social security account num- shall restrain the ability of the United States to ance bond, or take any other action to preserve ber, mailing address, and residence address of continue its investigation of the defendant’s fi- the availability of property for payment of the the defendant; nancial circumstances, conduct discovery, fine or assessment. record a lien, or seek any injunction or other re- ‘‘(B) the docket number of the case; ‘‘(6) CONSIDERATIONS.—In determining wheth- lief from the court.’’. er to impose or modify special payment direc- ‘‘(C) the original amount of the fine or restitu- SEC. 723. IMPOSITION OF CRIMINAL FINES AND tions, the court may consider— tion order and the amount that is due and un- PAYMENT DIRECTIONS. ‘‘(A) the need to satisfy the fine or assess- paid; Subsection 3572(d) of title 18, United States ment; ‘‘(D) payment orders and directions imposed Code, is amended to read as follows: ‘‘(B) the financial ability of the defendant; under section 3572(d) and section 3664(f) of this ‘‘(d) PAYMENT.— ‘‘(C) the economic circumstances of the de- title; and ‘‘(1) IN GENERAL.—The court shall order that fendant, including the financial resources and ‘‘(E) a description of any modification or re- any fine or assessment imposed be due in full other assets of the defendant, and whether any mission. immediately upon imposition. of those assets are jointly controlled; ‘‘(2) TRANSMITTAL OF COPIES.—Not later than ‘‘(2) EFFORTS TO MAKE PAYMENT.—The court ‘‘(D) the projected earnings and other income 10 days after entry of the judgment or order de- shall— of the defendant; scribed in paragraph (1), the court shall trans- ‘‘(A) direct the defendant to make a good- ‘‘(E) any financial obligations of the defend- mit a certified copy of the judgment or order to faith effort to satisfy the fine and assessment in ant, including obligations to dependents; the Attorney General.’’. the shortest time in which full payment can be ‘‘(F) whether the defendant has concealed or reasonably made, and to refrain from taking dissipated assets or income; and SEC. 725. ATTORNEY’S FEES FOR VICTIMS. any action that conceals or dissipates the de- ‘‘(G) any other appropriate circumstances. (a) ORDER OF RESTITUTION.—Section 3663(b) fendant’s assets or income; ‘‘(7) USE OF RESOURCES.—Any substantial re- of title 18, United States Code, is amended— ‘‘(B) direct the defendant to notify the court sources from any source, including inheritance, (1) in paragraph (1)— of any change in residence; and settlement, or other judgment shall be applied to ‘‘(C) order the defendant to notify the United any fine or assessment still owed. (A) in subparagraph (A), by striking ‘‘or’’ at States Attorney for the district in which the de- ‘‘(8) NOMINAL PAYMENTS.—If the court finds the end; fendant was sentenced of any change in resi- that the economic circumstances of the defend- (B) by redesignating subparagraph (B) as sub- dence, and of any material change in economic ant do not allow the immediate payment of any paragraph (C);

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 6333 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13129 (C) by inserting after subparagraph (A) the ‘‘(A) shall— shall afford the Government an opportunity to following: ‘‘(i) enter a restraining order or injunction; present rebuttal evidence and to cross-examine ‘‘(B) reimburse the victim for attorneys’ fees ‘‘(ii) require the execution of a satisfactory any witness that the defendant may present. reasonably incurred in an attempt to retrieve performance bond; or ‘‘(5) PRETRIAL HEARING.—In any pretrial damaged, lost, or destroyed property (which ‘‘(iii) take any other action necessary to pre- hearing on a protective order issued under sub- shall not include payment of salaries of Govern- serve the availability of any property traceable section (a)(1), the court may not entertain chal- ment attorneys); or’’; and to the commission of the offense charged; and lenges to the grand jury’s finding of probable (D) in subparagraph (C), as so redesignated ‘‘(B) if it determines that it is in the interests cause regarding the criminal offense giving rise by this subsection, by inserting ‘‘or (B)’’ after of justice to do so, shall issue any order nec- to a potential restitution order. The court shall ‘‘subparagraph (A)’’; essary to preserve any nonexempt asset (as de- ensure that such hearings are not used to obtain (2) in paragraph (4)— fined in section 3613) of the defendant that may disclosure of evidence or the identities of wit- (A) by inserting ‘‘(including attorneys’ fees be used to satisfy such restitution order. nesses earlier than required by the Federal necessarily and reasonably incurred for rep- ‘‘(2) PROCEDURES.—Applications and orders Rules of Criminal Procedure or other applicable resentation of the victim, which shall not in- issued under paragraph (1) shall be governed by law. clude payment of salaries of Government attor- the procedures under section 413(e) of the Con- ‘‘(c) THIRD PARTY’S RIGHT TO POST-RE- neys)’’ after ‘‘other expenses related to partici- trolled Substances Act (21 U.S.C. 853(e)) and in STRAINT HEARING.— pation in the investigation or prosecution of the this section. ‘‘(1) IN GENERAL.—A person other than the de- offense’’; and ‘‘(3) MONETARY INSTRUMENTS.—If the property fendant who has a legal interest in property af- (B) by striking ‘‘and’’ at the end; in question is a monetary instrument (as defined fected by a protective order issued under sub- (3) in paragraph (5), by striking the period in section 1956(c)(5)) or funds in electronic form, section (a)(1) may move to modify the order on and inserting ‘‘; and’’; and the protective order issued under paragraph (1) the grounds that— (4) by adding at the end the following: may take the form of a warrant authorizing the ‘‘(6) in any case, reimburse the victim for rea- Government to seize the property and to deposit ‘‘(A) the order causes an immediate and irrep- sonably incurred attorneys’ fees that are nec- it into an interest-bearing account in the Reg- arable hardship to the moving party; and essary and foreseeable results of the defendant’s istry of the Court in the district in which the ‘‘(B) less intrusive means exist to preserve the crime (which shall not include payment of sala- warrant was issued, or into another such ac- property for the purpose of restitution. ries of Government attorneys).’’. count maintained by a substitute property cus- ‘‘(2) MODIFICATION.—If, after considering any (b) MANDATORY RESTITUTION TO VICTIMS OF todian, as the court may direct. rebuttal evidence offered by the Government, CERTAIN CRIMES.—Section 3663A(b) of title 18, ‘‘(4) POST-INDICTMENT.—A post-indictment the court determines that the moving party has United States Code, is amended— protective order entered under paragraph (1) made the showings required under paragraph (1) in paragraph (1)— shall remain in effect through the conclusion of (1), the court shall modify the order to mitigate (A) in subparagraph (A), by striking ‘‘or’’ at the criminal case, including sentencing and any the hardship, to the extent that it is possible to the end; post-sentencing proceedings, until seizure or do so while preserving the asset for restitution. other disposition of the subject property, unless (B) by redesignating subparagraph (B) as sub- ‘‘(3) INTERVENTION.— paragraph (C); modified by the court upon a motion by the Gov- ernment or under subsection (b) or (c). ‘‘(A) IN GENERAL.—Except as provided in sub- (C) by inserting after subparagraph (A) the paragraph (B) or paragraph (1), a person other ‘‘(b) DEFENDANT’S RIGHT TO A HEARING.— following: than a defendant has no right to intervene in ‘‘(1) IN GENERAL.—In the case of a ‘‘(B) reimburse the victim for attorneys’ fees the criminal case to object to the entry of any preindictment protective order entered under reasonably incurred in an attempt to retrieve order issued under this section or otherwise to subsection (a)(1), the defendant’s right to a damaged, lost, or destroyed property (which object to an order directing a defendant to pay post-restraint hearing shall be governed by shall not include payment of salaries of Govern- restitution. ment attorneys); or’’; and paragraphs (1)(B) and (2) of section 413(e) of the ‘‘(B) EXCEPTION.—If, at the conclusion of the (D) in subparagraph (C), as so redesignated Controlled Substances Act (21 U.S.C. 853(e)). criminal case, the court orders the defendant to by this subsection, by inserting ‘‘or (B)’’ after ‘‘(2) POST-INDICTMENT.—In the case of a post- use particular assets to satisfy an order of res- ‘‘subparagraph (A)’’; indictment protective order entered under sub- titution (including assets that have been seized (2) in paragraph (3), by striking ‘‘and’’ at the section (a)(1), the defendant shall have a right to a post-restraint hearing regarding the con- or restrained pursuant to this section) the court end; shall give persons other than the defendant the (3) in paragraph (4)— tinuation or modification of the order if the defendant— opportunity to object to the order on the ground (A) by inserting ‘‘(including attorneys’ fees ‘‘(A) establishes by a preponderance of the that the property belonged in whole or in part necessarily and reasonably incurred for rep- to the third party and not to the defendant, as resentation of the victim, which shall not in- evidence that there are no assets, other than the restrained property, available to the defendant provided in section 413(n) of the Controlled Sub- clude payment of salaries of Government attor- stances Act (21 U.S.C. 853(n)). neys)’’ after ‘‘other expenses related to partici- to retain counsel in the criminal case or to pro- ‘‘(d) GEOGRAPHIC SCOPE OF ORDER.— pation in the investigation or prosecution of the vide for a reasonable living allowance for the offense’’; and necessary expenses of the defendant and the de- ‘‘(1) IN GENERAL.—A district court of the fendant’s lawful dependents; and (B) by striking the period and inserting ‘‘; United States shall have jurisdiction to enter an and’’; and ‘‘(B) makes a prima facie showing that there order under this section without regard to the is bona fide reason to believe that the court’s ex (4) by adding at the end the following: location of the property subject to the order. parte finding of probable cause under subsection ‘‘(5) in any case, reimburse the victim for rea- ‘‘(2) OUTSIDE THE UNITED STATES.—If the (a)(1) was in error. sonably incurred attorneys’ fees that are nec- property subject to an order issued under this ‘‘(3) HEARING.— essary and foreseeable results of the defendant’s section is located outside of the United States, crime (which shall not include payment of sala- ‘‘(A) IN GENERAL.—If the court determines the order may be transmitted to the central au- ries of Government attorneys).’’. that the defendant has satisfied the require- thority of any foreign state for service in ac- ments of paragraph (2), it may hold a hearing to cordance with any treaty or other international Subtitle B—Preservation of Assets for determine whether there is probable cause to be- agreement. Restitution lieve that the defendant, if convicted, will be or- ‘‘(e) NO EFFECT ON OTHER GOVERNMENT AC- SEC. 741. SHORT TITLE. dered to satisfy an order of restitution for an of- TION.—Nothing in this section shall be con- fense punishable by imprisonment for more than This subtitle may be cited as the ‘‘Preserva- strued to preclude the Government from seeking 1 year, and that the seized or restrained prop- tion of Assets for Restitution Act of 2007’’. the seizure, restraint, or forfeiture of assets erty may be needed to satisfy such restitution SEC. 742. AMENDMENTS TO THE MANDATORY VIC- under the asset forfeiture laws of the United order. TIMS RESTITUTION ACT. States. ‘‘(B) PROBABLE CAUSE.—If the court finds (a) IN GENERAL.—Chapter 232 of title 18, probable cause under subparagraph (A), the ‘‘(f) LIMITATION ON RIGHTS CONFERRED.— United States Code, is amended by inserting protective order shall remain in effect. Nothing in this section shall be construed to cre- after section 3664 the following: ate any enforceable right to have the Govern- ‘‘(C) NO PROBABLE CAUSE.—If the court finds ment seek the seizure or restraint of property for ‘‘§ 3664A. Preservation of assets for restitution under subparagraph (A) that no probable cause restitution. ‘‘(a) PROTECTIVE ORDERS TO PRESERVE AS- exists as to some or all of the property, or deter- SETS.— mines that more property has been seized and ‘‘(g) RECEIVERS.— ‘‘(1) IN GENERAL.—Upon the Government’s ex restrained than may be needed to satisfy a res- ‘‘(1) IN GENERAL.—A court issuing an order parte application and a finding of probable titution order, it shall modify the protective under this section may appoint a receiver under cause to believe that a defendant, if convicted, order to the extent necessary to release the prop- section 1956(b)(4) to collect, marshal, and take will be ordered to satisfy an order of restitution erty that should not have been restrained. custody, control, and possession of all assets of for an offense punishable by imprisonment for ‘‘(4) REBUTTAL.—If the court conducts an evi- the defendant, wherever located, that have been more than 1 year, the court— dentiary hearing under paragraph (3), the court restrained in accordance with this section.

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 0624 Sfmt 6333 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13130 CONGRESSIONAL RECORD — SENATE October 18, 2007 ‘‘(2) DISTRIBUTION OF PROPERTY.—The re- (2) by inserting after ‘‘you want the pro- brating National Character Counts ceiver shall have the power to distribute prop- ceeding to be transferred.’ ’’ the following: Week, that more schools in every State erty in its control to each victim identified in an ‘‘ ‘If this notice is issued in conjunction with adopt similar programs. order of restitution at such time, and in such a criminal case, the district court where the manner, as the court may authorize.’’. criminal action is pending may deny your re- Character education programs work. (b) CONFORMING AMENDMENT.—The section quest for a transfer of this proceeding.’ ’’. Schools across the country that have analysis for chapter 232 of title 18, United States This Act may be cited as the ‘‘Departments of adopted strong character education Code, is amended by inserting after the item re- Commerce and Justice, Science, and Related programs report better student per- lating to section 3664 the following: Agencies Appropriations Act, 2008’’. formance, fewer discipline problems, ‘‘Sec. 3664A. Preservation of assets for restitu- f and increased student involvement tion.’’. NATIONAL CHARACTER COUNTS within their communities. Children SEC. 743. AMENDMENTS TO THE ANTI-FRAUD IN- WEEK want direction; they want to be taught JUNCTION STATUTE. right from wrong. Young people yearn Section 1345(a) of title 18, United States Code, Mr. DURBIN. Mr. President, I ask for consistent adult involvement, and is amended— unanimous consent that the Senate (1) in paragraph (1)— when they get it, according to surveys, now proceed to the consideration of S. they are less inclined to use illegal (A) in subparagraph (B), by striking ‘‘or’’ at Res. 351, which was submitted earlier the end; and drugs, vandalize property or commit (B) by inserting after subparagraph (C) the today. suicide. The American public wants following: The ACTING PRESIDENT pro tem- character education in our schools, ‘‘(D) committing or about to commit a Federal pore. The clerk will report the resolu- too. Studies show that approximately offense that may result in an order of restitution by title. 90 percent of Americans support tion;’’; and The legislative clerk read as follows: schools teaching character education. (2) in paragraph (2)— A resolution (S. Res. 351) designating the Character education can and is being (A) by striking ‘‘a banking violation’’ and all week beginning October 21, 2007, as ‘‘Na- that follows through ‘‘healthcare offense’’ and tional Character Counts Week.’’ incorporated into children’s lives in inserting ‘‘a violation or offense identified in and outside of the classroom. It pro- There being no objection, the Senate paragraph (1)’’; and vides a helping hand to our schools and proceeded to consider the resolution. (B) by inserting ‘‘or offense’’ after ‘‘traceable communities to ensure our children’s (At the request of Mr. REID, the fol- to such violation’’. futures are bright and filled with op- lowing statement was ordered to be SEC. 744. AMENDMENTS TO THE FEDERAL DEBT portunities for success. Character edu- COLLECTION PROCEDURES ACT. printed in the RECORD.) cation not only cultivates minds, it (a) PROCESS.—Section 3004(b)(2) of title 28, ∑ Mr. DODD. Mr. President, today Sen- nurtures hearts. While our children United States Code, is amended by inserting ator DOMENICI and I submitted a reso- may only represent one-quarter of our after ‘‘in which the debtor resides.’’ the fol- lution designating next week, the week population, they are 100 percent of our lowing: ‘‘In a criminal case, the district court of October 21–27, 2007 as ‘‘National for the district in which the defendant was sen- future. Character Counts Week.’’ I have tenced may deny the request.’’. I submit that character transcends (b) PREJUDGMENT REMEDIES.—Section 3101 of worked for many years on the issue of character education and hope that by religious, cultural, political, and socio- title 28, United States Code, is amended— economic barriers. I believe our coun- (1) in subsection (a)(1) by inserting after ‘‘the designating a special week to this im- filing of a civil action on a claim for a debt’’ the portant cause, students and teachers try is having a renewed focus on char- following: ‘‘or in any criminal action where the will come together to participate in acter and this resolution sends a won- court may enter an order of restitution’’; and character building activities in their derful message to Americans and will (2) in subsection (d)— schools this week and throughout the help those of us involved in character (A) by inserting after ‘‘The Government wants year. education reinvigorate our efforts to to make sure [name of debtor] will pay if the get more communities and schools in- court determines that this money is owed.’ ’’ the Senator DOMENICI and I first estab- volved. So today, Senator DOMENICI following: lished the Partnerships in Character ‘‘ ‘In a criminal action, use the following Education Pilot Project in 1994 and and I submitted a resolution to accom- opening paragraph: You are hereby notified since then we have worked together plish just that and hopefully our re- that this [property] is being taken by the United regularly to commemorate National newed effort will bring together even States Government [the Government], which Character Counts Week. Character edu- more communities to ensure that char- says that [name of debtor], if convicted, may cation is about celebrating what’s acter education is a part of every owe as restitution $ [amount]. The Government right with young people while enabling child’s life. I hope that my colleagues says it must take this property at this time be- ∑ them to develop the knowledge and life will join us in this important effort. cause [recite the pertinent ground or grounds Mr. DOMENICI. Mr. President, today from section 3101(b)]. The Government wants to skills necessary in order to embrace make sure [name of debtor] will pay if the court ethical and responsible behavior. I am my good friend Senator DODD and I determines that restitution is owed.’ ’’; pleased that we are continuing our ef- submitted a resolution designating the (B) by inserting after ‘‘a statement that dif- forts today to help expand the ability week of October 21 as the 2007 National ferent property may be so exempted with respect of States and schools to make char- Character Counts Week. to the State in which the debtor resides.]’ ’’ the acter education a central part of every Our character is the foundation of following: child’s education. who we are as people and how we are ‘‘ ‘[In a criminal action, the statement summa- perceived by the world. Every day our rizing the types of property that may be exempt While English, math and science pro- shall list only those types of property that may vide the figurative bricks of schools, character and ethics are tested through be exempt under section 3613 of title 18.]’ ’’; and character education provides the mor- the decisions we make and the behav- (C) by inserting after ‘‘You must also send a tar. Trustworthiness, respect, responsi- ior we exhibit. The National Character copy of your request to the Government at [ad- bility, fairness, caring, and citizenship Counts program focuses on ‘‘Six Pillars dress], so the Government will know you want are the six pillars of character. The of Character’’ which are promoted the proceeding to be transferred.’ ’’ the fol- standards of conduct that arise out of through school and community based lowing: those values constitute the foundation character education programs across ‘‘ ‘If this Notice is issued in conjunction with the country. The six pillars are: trust- a criminal case, the district court where the of ethics, and therefore, of ethical deci- criminal action is pending may deny your re- sionmaking. Character education pro- worthiness, respect, responsibility, quest for a transfer of this proceeding.’ ’’. vides students a context within which fairness, caring, and citizenship. (c) ENFORCEMENT.—Section 3202(b) of title 28, to learn. If we view education simply I have supported Character Counts United States Code, is amended— as the imparting of knowledge to our throughout the years because I believe (1) by inserting after ‘‘a statement that dif- children, then we will not only miss an this program reaches out to all youth ferent property may be so exempted with respect opportunity, but we will also jeop- and adults, as the Character Counts to the State in which the debtor resides.]’ ’’ the ardize our future. Coalition states, no matter the individ- following: ‘‘ ‘[In a criminal action, the statement summa- Currently, there are character edu- ual’s race, creed, politics, gender, and rizing the types of property that may be exempt cation programs across all 50 States in wealth. In my home state of New Mex- shall list only those types of property that may rural, urban and suburban areas at ico, we have run many successful Char- be exempt under section 3613 of title 18.]’ ’’; and every grade level. I hope that in cele- acter Counts programs throughout the

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13131 years. While many schools initiate S. RES. 351 20TH ANNIVERSARY OF UNITED Character Counts programs there are Whereas the well-being of the United STATES-MONGOLIA RELATIONS also many other organizations that de- States requires that the young people of the United States become an involved, caring Mr. DURBIN. Mr. President, I ask velop character based programming. I unanimous consent that the Senate would like to take the time to recog- citizenry with good character; Whereas the character education of chil- now proceed to the consideration of S. nize some of the successful programs dren has become more urgent as violence by Res. 352, submitted earlier today. we have had in New Mexico for 2007. and against youth increasingly threatens the The ACTING PRESIDENT pro tem- Character Counts works in New Mex- physical and psychological well-being of the pore. The clerk will report the resolu- ico because it is truly a community people of the United States; tion by title. Whereas more than ever, children need partnership. There was a brilliant ex- The legislative clerk read as follows: ample last week during the Albu- strong and constructive guidance from their querque International Balloon Fiesta. families and their communities, including A resolution (S. Res. 352) expressing the schools, youth organizations, religious insti- sense of the Senate regarding the 20th anni- The Balloon Fiesta staff hosted 60 se- tutions, and civic groups; versary of United States-Mongolia relations. lected school kids for 2 days of festive Whereas the character of a nation is only There being no objection, the Senate activities. Northrop Grumman pro- as strong as the character of its individual vided tethered balloon rides. Meals on citizens; proceeded to consider the resolution. Wheels fed the young people lunch, and Whereas the public good is advanced when Mr. DURBIN. Mr. President, I ask the Albuquerque Balloon Museum gave young people are taught the importance of unanimous consent that the resolution some of the students a tour of the ex- good character and the positive effects that be agreed to, the preamble be agreed good character can have in personal relation- hibits to show them the history of hot to, and the motions to reconsider be ships, in school, and in the workplace; laid upon the table. air balloons. These were fun days, but Whereas scholars and educators agree that the children certainly learned about people do not automatically develop good The ACTING PRESIDENT pro tem- civic responsibility with some of our character and that, therefore, conscientious pore. Without objection, it is so or- state’s top business and community efforts must be made by institutions and in- dered. leaders. A once in a lifetime experience dividuals that influence youth to help young The resolution (S. Res. 352) was for many of these kids, and exposure to people develop the essential traits and char- agreed to. acteristics that comprise good character; The preamble was agreed to. adults demonstrating respect, responsi- Whereas, although character development bility, trustworthiness, fairness, citi- is, first and foremost, an obligation of fami- The resolution, with its preamble, zenship, and caring; the ‘‘Six Pillars of lies, the efforts of faith communities, reads as follows: Character.’’ schools, and youth, civic, and human service S. RES. 352 During the week of October 21, I hope organizations also play an important role in Whereas the United States established dip- everyone takes the time to participate fostering and promoting good character; lomatic relations with the Government of in a Character Counts event in their Whereas Congress encourages students, Mongolia in January 1987 and established its teachers, parents, youth, and community local area. I know in New Mexico we first embassy in Ulaanbaatar in June 1988; leaders to recognize the importance of char- Whereas the United States and Mongolia will be having some special celebra- acter education in preparing young people to tions. On October 19 in Albuquerque, are both fully democratic states committed play a role in determining the future of the to the rule of law; United States; NM, there will be a Character is the Whereas, in 1991, the United States estab- Whereas effective character education is Heart of New Mexico Parade, put on by lished normal trade relations with Mongolia based on core ethical values, which form the Duranes Elementary beginning at the and began a Peace Corps program that now foundation of democratic society; Old Town Plaza and ending at the Al- boasts approximately 100 volunteers; Whereas examples of character are trust- Whereas the United States has a continued buquerque Museum. On October 25, worthiness, respect, responsibility, fairness, commitment to Mongolia’s economic and po- Roswell will celebrate 13 years of Char- caring, citizenship, and honesty; litical development and has contributed over acter Counts with a Character Counts Whereas elements of character transcend $150,000,000 in aid for that purpose since 1991; Super Celebration at Roswell High cultural, religious, and socioeconomic dif- Whereas the United States has supported School. And on October 27, Gallup will ferences; Whereas the character and conduct of our Mongolia’s participation in the Inter- celebrate with a Character Counts Pa- national Monetary Fund, the World Bank, rade starting at Fourth and Coal and youth reflect the character and conduct of society, and, therefore, every adult has the and the Asian Development Bank; ending at Lincoln Elementary School. responsibility to teach and model ethical Whereas the United States and Mongolia All of these organizations and schools values and every social institution has the strengthened their trade relationship as well as the many others not men- responsibility to promote the development of through the signing of a Trade and Invest- tioned here, are to be commended for good character; ment Framework Agreement in 2004 to boost their hard work in developing these Whereas Congress encourages individuals bilateral commercial ties and resolve trade and organizations, especially those who have disputes; programs and spreading the message Whereas Mongolia continues to work with that character truly does count. an interest in the education and training of the young people of the United States, to the United States to combat global ter- I believe this program is making a adopt the elements of character as intrinsic rorism and, since April 2003, has contributed difference in my home State and across to the well-being of individuals, commu- engineers, troops, and medical personnel to the country. I want to encourage more nities, and society; Operation Iraqi Freedom and has partici- people to become involved with the Whereas many schools in the United States pated in training National Army artillery Character Counts program, but most of recognize the need, and have taken steps, to units in Afghanistan; all I hope individuals will take the integrate the values of their communities Whereas Mongolia has demonstrated an expanding desire to join the United States in time to reflect on what the ‘‘Six Pillars into their teaching activities; and Whereas the establishment of National global peacekeeping activities by sending a of Character’’ mean to them. Character Counts Week, during which indi- contingent of 250 soldiers to protect the Spe- I hope all of my colleagues will sup- viduals, families, schools, youth organiza- cial Court for Sierra Leone, a platoon to par- port this effort. tions, religious institutions, civic groups, ticipate in the North Atlantic Treaty Orga- Mr. DURBIN. Mr. President, I ask and other organizations focus on character nization (NATO) mission in Kosovo, and per- unanimous consent that the resolution education, is of great benefit to the United sonnel to serve as United Nations observers in Sudan, Ethiopia, and Eritrea; be agreed to, the preamble be agreed States: Now, therefore, be it Resolved, That the Senate— Whereas the United States and Mongolia to, and the motions to reconsider be (1) designates the week beginning October share an interest in promoting peaceful co- laid upon the table. 21, 2007, as ‘‘National Character Counts operation in south central Asia; and The ACTING PRESIDENT pro tem- Week’’; and Whereas Mongolia was named eligible for pore. Without objection, it is so or- (2) calls upon the people of the United Millennium Challenge Compact assistance dered. States and interested groups— on May 6, 2004, submitted its official pro- The resolution (S. Res. 351) was (A) to embrace the elements of character posal on October 13, 2005, and had its proposal approved by the Millennium Challenge agreed to. identified by local schools and communities, such as trustworthiness, respect, responsi- Corporation on September 12, 2007: Now, The preamble was agreed to. bility, fairness, caring, and citizenship; and therefore, be it The resolution, with its preamble, (B) to observe the week with appropriate Resolved, That it is the sense of the Senate reads as follows: ceremonies, programs, and activities. that—

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13132 CONGRESSIONAL RECORD — SENATE October 18, 2007 (1) the strength and endurance of the part- Whereas the democratically-elected Gov- SUPPORTING ‘‘LIGHTS ON nership between the United States and Mon- ernment of Lebanon has been under steady AFTERSCHOOL’’ golia should be acknowledged and cele- attack by domestic and foreign elements and brated; forces that have been instigating civil un- Mr. DURBIN. Mr. President, I ask (2) the United States should encourage rest, disrupting the operation of the cabinet unanimous consent that the Senate continued economic cooperation with Mon- and Parliament, and perpetrating acts of ter- now proceed to the immediate consid- golia, including in areas such as mining, con- ror against the people of Lebanon; eration of S. Con. Res. 51, submitted struction, information technology, tourism, Whereas United Nations Security Council earlier today. and meat processing, to the betterment of Resolution 1701, adopted on August 11, 2006, both our economies; reiterated ‘‘strong support for the territorial The ACTING PRESIDENT pro tem- (3) the United States should continue to integrity, sovereignty, and political inde- pore. The clerk will report the concur- work with the International Monetary Fund, pendence of Lebanon within its internation- rent resolution by title. the World Bank, and the Asian Development ally recognized borders’’, and called on The legislative clerk read as follows: Bank to improve Mongolia’s economic sys- states to ‘‘take the necessary measures to tem; prevent . . . the sale or supply to any entity A concurrent resolution (S. Con. Res. 51) (4) the United States should provide Mon- or individual in Lebanon of arms and related supporting ‘‘Lights on Afterschool!’’, a national celebration of after school programs. golia assistance under the Millennium Chal- materiel of all types’’; lenge Compact and work to finalize the com- Whereas President Lahoud has threatened pact in a timely fashion; and There being no objection, the Senate to create an unconstitutional rival cabinet (5) the United States should encourage proceeded to consider the concurrent and hand over power to it if the opposition is greater academic and cultural exchanges resolution. not satisfied with the results of the constitu- with Mongolia. tional electoral process; (At the request of Mr. REID, the fol- f Whereas the Governments of Syria and lowing statement was ordered to be EXPRESSING IMPORTANCE OF A Iran, in clear contravention of numerous printed in the RECORD) SOVEREIGN, DEMOCRATIC, AND United Nations Security Council resolutions, ∑ Mr. DODD. Mr. President, today Sen- PROSPEROUS LEBANON have violated Lebanon’s sovereignty by pro- ator ENSIGN and I, along with 29 co- viding arms to illegitimate militias in Leb- Mr. DURBIN. Mr. President, I ask sponsors, are submitting a concurrent anon and to other terrorist organizations; resolution with the House of Rep- unanimous consent that the Senate Whereas the armed forces of Lebanon are resentatives designating October 18, now proceed to the consideration of S. protecting Lebanon and its people from ter- Res. 353, submitted earlier today. rorist organizations like Fatah al Islam; 2007 as Lights On Afterschool Day. The ACTING PRESIDENT pro tem- Whereas United Nations Security Council Lights on Afterschool brings students, pore. The clerk will report the resolu- Resolution 1757 established a Special Tri- parents, educators, lawmakers, and tion by title. bunal for Lebanon, to be convened outside of community and business leaders to- The legislative clerk read as follows: Lebanon, to try those accused of the assas- gether to celebrate afterschool pro- sination of former Prime Minister of Leb- A resolution (S. Res. 353) expressing the grams. This year, more than 1 million sense of the Senate regarding the importance anon Rafiq Hariri and others; and Americans are expected to attend of a sovereign, democratic, and prosperous Whereas a sovereign, democratic, and pros- about 7,500 events designed to raise Lebanon and the need for free and fair presi- perous Lebanon is in the national security awareness and support for these much interest of the United States: Now, there- dential elections in Lebanon without intimi- needed programs. In addition, Lights fore, be it dation or foreign interference. On Afterschool 2007 marks the 10th an- There being no objection, the Senate Resolved, That the Senate— niversary of 21st Century Community proceeded to consider the resolution. (1) calls for free and fair presidential elec- Learning Centers, the primary Federal Mr. DURBIN. Mr. President, I ask tions in Lebanon, conducted according to the constitution of Lebanon and free from for- initiative supporting afterschool pro- unanimous consent that the resolution grams. be agreed to, the preamble be agreed eign interference and influence or the use of intimidation tactics; Approximately 90 percent of parents to, and the motions to reconsider be (2) supports ongoing efforts by leaders in say that having a safe, positive place laid upon the table. Lebanon to reach agreement on a presi- The ACTING PRESIDENT pro tem- where their child can go after school dential candidate committed to upholding will improve their child’s well-being. pore. Without objection, it is so or- Lebanon’s sovereignty and independence; dered. However, 14 million school-age chil- (3) condemns the Governments of Syria dren—or 25 percent of all school-age The resolution (S. Res. 353) was and Iran for their undue material inter- agreed to. ference in the internal political affairs of children—are left unsupervised after The preamble was agreed to. Lebanon, including in the election of a new school and miss the opportunity to at- The resolution, with its preamble, president, and for their repeated violations tend a safe, positive place that sup- reads as follows: of the sovereignty and independence of Leb- ports their growth and well-being. S. RES. 353 anon, and calls on the Governments of Syria Quality afterschool programs benefit Whereas, in 2004, the term of the current and Iran to comply with United Nations Se- youth, families, and communities. Stu- President of Lebanon, E´ mile Lahoud, was ex- curity Council Resolution 1701, particularly dents enrolled in afterschool programs tended through the interference of the Gov- with respect to preventing unauthorized are more likely to be engaged and go shipment of arms into Lebanon; ernment of Syria in the internal affairs of farther in education. They are also the Government of Lebanon; (4) affirms its strong support for the armed forces of Lebanon as they work to secure more likely to avoid risky behavior Whereas United Nations Security Council and criminal activity. Afterschool pro- Resolution 1559, adopted on September 2, Lebanon against terrorists and illegal armed 2004, called for free and fair presidential elec- militias, and conveys its readiness to provide grams help parents successfully bal- tions in Lebanon conducted in accordance support to assist in these ends; ance their work and home-life. In addi- with the constitution of Lebanon and with- (5) urges the Secretary of State to con- tion, these programs promote adult in- out foreign interference and influence; tinue efforts in support of a Special Tribunal volvement with youth, which helps to Whereas such a presidential election has for Lebanon to end impunity for political as- create more cohesive communities in- not yet occurred; sassinations, including assisting in efforts to vested in the future of our children. Whereas the Parliament of Lebanon is pre- convene the Special Tribunal as soon as pos- paring to elect a new president of Lebanon sible, affirms its readiness to continue to In our work on the Senate After- before the November 24, 2007, conclusion of provide material support to this cause, and school Caucus, Senator ENSIGN and I the mandate of the current President; calls on all countries to make timely and have been working for more than three Whereas the Governments of Syria and generous contributions to this end; and years to impress upon our colleagues Iran, through their proxies in Lebanon, have (6) urges the President to use all peaceful the importance of afterschool and are sought undue influence over the election of means at the disposal of the United States to proud to say that 35 of our colleagues the next president of Lebanon; help promote an independent, democratic, have joined the Caucus. We hope that and prosperous Lebanon, including increased Whereas the preparation for these elec- they, along with other Members of the tions has thus far been characterized by vio- diplomatic coordination with key partners in lence and intimidation tactics, and on Sep- Europe and the Middle East, and supports ef- Congress, will join us on October 18 to tember 19, 2007, Member of the Parliament of forts by the United States to provide ongo- celebrate the importance of afterschool Lebanon Antoine Ghanem became the 8th ing and substantial assistance for recon- programs in their communities back Lebanese leader to be assassinated since 2005; struction efforts in Lebanon. home.∑

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13133 Mr. DURBIN. Mr. President, I ask reconsider be laid on the table, without Let me tell you a little more about unanimous consent that the concur- intervening action or debate. Rosa Parks: rent resolution be agreed to, the pre- The ACTING PRESIDENT pro tem- Mrs. Parks was born Rosa Louise amble be agreed to, the motions to re- pore. Without objection, it is so or- McCauley, February 4, 1913, in consider be laid upon the table en bloc, dered. Tuskegee, AL. Her parents were a car- and that any statements relating The concurrent resolution (H. Con. penter and a teacher. thereto be printed in the RECORD. Res. 222) was agreed to. Rosa Parks grew up and lived in a The ACTING PRESIDENT pro tem- The preamble was agreed to. segregated South. And when she mar- pore. Without objection, it is so or- f ried, she and her husband became ac- dered. EXTENDING THE TIME TO OBTAIN tive in the local NAACP chapter. The concurrent resolution (S. Con. A STATUE OF ROSA PARKS On December 1, 1955, after a day of Res. 51) was agreed to. work at a department store in down- The preamble was agreed to. Mr. DURBIN. Mr. President, I ask town Montgomery, AL, Rosa Parks The concurrent resolution, with its unanimous consent that the Senate boarded a bus to go home. She paid her preamble, reads as follows: proceed to immediate consideration of fare, and took an empty seat in the S. 2206, introduced earlier today. first row of seats reserved for Blacks. S. CON. RES. 51 The ACTING PRESIDENT pro tem- As the bus traveled along its route, Whereas high quality after school pro- pore. The clerk will report the bill by all of the White-only seats in the bus grams provide safe, challenging, engaging, title. and fun learning experiences to help children filled up. When the bus reached its next The legislative clerk read as follows: and youth develop their social, emotional, stop, several White passengers boarded. physical, cultural, and academic skills; A bill (S. 2206) to provide technical correc- As was standard practice at that tions to Public Law 109–116 (2 U.S.C. 2131a Whereas high quality after school pro- time, the busdriver told the Black pas- grams support working families by ensuring note) to extend the time period for the Joint that the children in such families are safe Committee on the Library to enter into an sengers seated in the rows behind the and productive after the regular school day agreement to obtain a statue of Rosa Parks, White-only section to move. This in- ends; and for other purposes. cluded Mrs. Parks and three other pas- Whereas high quality after school pro- There being no objection, the Senate sengers. grams build stronger communities by involv- proceeded to consider the bill. The three other Black passengers ing the Nation’s students, parents, business Mrs. FEINSTEIN. Mr. President, moved at the bus driver’s insistence. leaders, and adult volunteers in the lives of Rosa Parks has been described as the But Mrs. Parks did not. the Nation’s youth, thereby promoting posi- ‘‘Mother of the Modern-Day Civil As she recalled in her autobiography, tive relationships among children, youth, families, and adults; Rights Movement.’’ she was simply ‘‘tired of giving in’’: Whereas high quality after school pro- Her actions on a Montgomery bus in People always say that I didn’t give up my grams engage families, schools, and diverse 1955 sparked one of the Nation’s largest seat because I was tired, but that isn’t true. community partners in advancing the well- movements against racial segregation: I was not tired physically, or no more tired being of the Nation’s children; the Montgomery Bus Boycott. than I usually was at the end of a working Whereas ‘‘Lights On Afterschool!’’, a na- Due to those brave actions, Rosa day. tional celebration of after school programs Parks became an icon of civil disobe- I was not old, although some people have held on October 18, 2007, promotes the crit- an image of me as being old then. I was dience. forty-two. No, the only tired I was, was tired ical importance of high quality after school In 2005, Congress voted to preserve programs in the lives of children, their fami- of giving in. the legacy of Rosa Parks by author- lies, and their communities; This action of civil disobedience Whereas more than 28,000,000 children in izing a statue of her to be placed in the U.S. Capitol’s Statuary Hall. sparked the Montgomery Bus Boycott, the United States have parents who work which became one of the Nation’s larg- outside the home and 14,300,000 children in A statue of Rosa Parks would be a the United States have no place to go after fitting tribute to the struggle for equal est movements against racial segrega- school; and rights for all Americans. tion. Whereas many after school programs But two years later, the statue has Rosa Parks was presented with the across the United States are struggling to not been obtained. It is time to remove Presidential Medal of Freedom in 1996. keep their doors open and their lights on: the hurdles, and ensure that Rosa She received a Congressional Gold Now, therefore, be it Medal in 1999. And in 2005, Congress Resolved by the Senate (the House of Rep- Parks is honored as Congress intended. The law designated Congress’s Joint voted to honor her with a statue in the resentatives concurring), That Congress sup- U.S. Capitol. The Architect of the Cap- ports the goals and ideals of ‘‘Lights On Committee on the Library to obtain Afterschool!’’ a national celebration of after the statue. But it was later determined itol is prepared to work with the Na- school programs. that the Joint Committee does not tional Endowment for the Arts to find suitable artists and statues to be con- f have the technical ability or resources to enter into contracts or pay for the sidered for this honor. But until the COMMENDING NASA LANGLEY statue. funds for this project can be allocated, RESEARCH CENTER And now that law is set to expire on the search for a statue will not move Mr. DURBIN. Mr. President, I ask December 1, 2007, without ever achiev- forward. The legislation introduced unanimous consent that the Senate ing its intended goal. today would fix this problem and allow proceed to the immediate consider- So, to correct the problems in the the funds to be released. But more im- ation of H. Con. Res. 222, just received original law, I have introduced a stand portantly, this legislation would en- from the House and at the desk. alone bill that would: designate the Ar- sure that Rosa Parks an American hero The ACTING PRESIDENT pro tem- chitect of the Capitol as the agent of is honored as she so deserves. pore. The clerk will report the concur- the Joint Committee; and extend the Mr. DURBIN. I ask unanimous con- rent resolution by title. deadline by 2 more years. sent that the bill be read three times, The legislative clerk read as follows: This legislation would allow for the passed, the motion to reconsider be A concurrent resolution (H. Con. Res. 222) Architect of the Capitol to distribute laid on the table, and any statement be congratulating and commending the men funds on behalf of the Joint Committee printed in the RECORD. and women of NASA Langley Research Cen- on the Library. The ACTING PRESIDENT pro tem- ter for their accomplishments and role in in- This legislation has been cosponsored pore. Without objection, it is so or- spiring the American people. by seven other Senators, including: dered. There being no objection, the Senate Senators BENNETT, KERRY, DURBIN, The bill (S. 2206) was ordered to be proceeded to consider the concurrent LEVIN, SCHUMER, DODD, and STABENOW. engrossed for a third reading, was read resolution. It is so important that we honor this the third time, and passed, as follows: Mr. DURBIN. Mr. President, I ask great American. S. 2206 unanimous consent that the concur- Mrs. Parks’ actions on a single day in Be it enacted by the Senate and House of Rep- rent resolution be agreed to, the pre- December 1955 changed the lives of so resentatives of the United States of America in amble be agreed to, and the motion to many who followed her. Congress assembled,

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13134 CONGRESSIONAL RECORD — SENATE October 18, 2007 SECTION 1. ROSA PARKS STATUE. result in injuries and disabilities that The ACTING PRESIDENT pro tem- (a) IN GENERAL.—Section 1(a) of Public will yield an increase in claims for pore. Without objection, it is so or- Law 109–116 (2 U.S.C. 2131a note) is amended compensation. One million, six hundred dered. by— thousand servicemembers have de- The resolution (S. Res. 258) was (1) striking ‘‘2 years’’ and inserting ‘‘4 years’’; and ployed in support of Operations Endur- agreed to. (2) adding at the end the following: ‘‘The ing and Iraqi Freedom, and studies by The preamble was agreed to. Joint Committee may authorize the Archi- VA indicate that the most significant The resolution, with its preamble, tect of the Capitol to enter into the agree- predictor of new claims activity is the reads as follows: ment and related contracts required under size of the active force. S. RES. 258 this subsection on its behalf, under such The COLA affects, among other bene- Whereas the Slave Trade Act of the British terms and conditions as the Joint Com- fits, veterans’ disability compensation Parliament in 1807 was the first major legis- mittee may require.’’. and dependency and indemnity com- lation to abolish the slave trade and began (b) EFFECTIVE DATE.—The amendments pensation for surviving spouses and the march to end slavery; made by subsection (a) shall take effect as if Whereas, in 1839, 53 Africans were illegally included in the enactment of Public Law 109– children. Many of the more than 3 mil- kidnapped from Sierra Leone and sold into 116. lion recipients of those benefits depend the transatlantic slave trade; f upon these tax-free payments not only Whereas the captives were brought to Ha- to provide for their own basic needs, vana, Cuba, aboard the Portuguese vessel VETERANS’ COMPENSATION COST- but those of their spouses, children and Tecora, where they were fraudulently classi- OF-LIVING ADJUSTMENT ACT OF parents as well. Without an annual fied as native-born Cuban slaves; 2007 COLA increase, these veterans and Whereas the captives were sold to Jose´ Mr. DURBIN. Mr. President, I ask their families would see the value of Ruiz and Pedro Montez of Spain, who transferred them onto the coastal cargo schooner unanimous consent that the Veterans’ their hard-earned benefits slowly dwin- La Amistad; Affairs Committee be discharged from dle, and we, as a Congress, would be in Whereas, on the evening of the rebellion, further consideration of H.R. 1284, and abandonment of our duty to ensure La Amistad was secretly directed to return the Senate then proceed to its imme- that those who sacrificed so much for west up the coast of North America, where diate consideration. this country receive the benefits and after two months the Africans were seized The ACTING PRESIDENT pro tem- services to which they are entitled. and arrested in New London, Connecticut; pore. Without objection, it is so or- Disbursement of disability compensa- Whereas the captives were jailed and dered. The clerk will report the bill by tion to our nation’s veterans con- awaited trial in New Haven, Connecticut; title. stitutes a core responsibility of the De- Whereas the trial of the captives became historic when former President John Quincy The legislative clerk read as follows: partment of Veterans Affairs. It is a Adams argued on behalf of the enslaved be- A bill (H.R. 1284) to increase, effective as of necessary measure of gratitude af- fore the United States Supreme Court and December 1, 2007, the rates of compensation forded to those veterans whose lives won their freedom; for veterans with service-connected disabil- were irrevocably altered by their serv- Whereas, in 2007, the Freedom Schooner ities and the rates of dependency and indem- ice to this country. Amistad will embark on its first trans- nity compensation for the survivors of cer- I urge all of our colleagues to support atlantic voyage to celebrate the 200th anni- tain disabled veterans. passage of this COLA increase. I also versary of the abolition of the transatlantic There being no objection, the Senate ask our colleagues for their continued slave trade; and proceeded to consider the bill. support for our Nation’s veterans. Whereas the Amistad case represents an Mr. AKAKA. Mr. President, as chair- opportunity to call to public attention the Mr. DURBIN. I ask unanimous con- evils of slavery and the struggle for freedom man of the Senate Committee on Vet- sent that the bill be read a third time, and the restoration of human dignity: Now, erans’ Affairs, I am speaking in support passed, the motion to reconsider be therefore, be it of Senate passage of S. 423, the ‘‘Vet- laid on the table, and any statement be Resolved, That— erans’ Compensation Cost-of-Living printed in the RECORD. (1) the Senate recognizes the historical and Adjustment Act of 2007.’’ This measure, The ACTING PRESIDENT pro tem- educational significance of the Atlantic which I introduced earlier this year pore. Without objection, it is so or- Freedom Tour of the Freedom Schooner and which the Committee on Veterans’ dered. Amistad; Affairs reported on July 24, would di- The bill (H.R. 1284) was ordered to be (2) the Senate encourages the people of the United States to learn about the history of rect the Secretary of Veterans’ Affairs read a third time, was read the third the United States and better understand the to increase, effective December 1, 2007, time, and passed. experiences that have shaped this Nation; the rates of veterans’ compensation to f and keep pace with the rising cost-of-living (3) it is the sense of the Senate that pre- ATLANTIC FREEDOM TOUR OF THE in this country. The rate adjustment is serving the legacy of the Amistad should be FREEDOM SCHOONER AMISTAD equal to that provided on an annual regarded as a means in fostering multicul- basis to Social Security recipients and Mr. DURBIN. Mr. President, I ask tural dialogue, education, and cooperation. is based on the Bureau of Labor Statis- unanimous consent that the Senate f tics’ Consumer Price Index. proceed to the immediate consider- REQUIREMENT FOR REPORTS ON Congress regularly enacts an annual ation of Calendar No. 399, S. Res. 258. ACTS OF TERROR AGAINST The ACTING PRESIDENT pro tem- cost-of-living adjustment,’’COLA,’’ for AMERICANS BY THE GOVERN- pore. The clerk will report the resolu- veterans’ compensation in order to en- MENT OF LIBYA tion by title. sure that inflation does not erode the Mr. DURBIN. I ask unanimous con- purchasing power of the veterans and The legislative clerk read as follows: A resolution (S. Res. 258) recognizing the sent that the Senate proceed to the im- their families who depend upon this in- mediate consideration of Calendar No. come to meet their needs. This past historical and educational significance of the Atlantic Freedom Tour of the Freedom 418, S. 1839. year Congress passed, and the Presi- Schooner Amistad, and expressing the sense The ACTING PRESIDENT pro tem- dent signed into law, Public Law 109– of the Senate that preserving the legacy of pore. The clerk will report the bill by 361, which resulted in a COLA increase the Amistad story is important in promoting title. of 3.3 percent for 2007. The cost-of-liv- multicultural dialogue, education, and co- The legislative clerk read as follows: ing adjustment for 2008 will be 2.3 per- operation. A bill (S. 1839) to require periodic reports cent. There being no objection, the Senate on claims related to acts of terrorism As I have stated many times, it is proceeded to consider the resolution. against Americans perpetrated or supported important that we view veterans com- Mr. DURBIN. Mr. President, I ask by the Government of Libya. pensation, including the annual COLA, unanimous consent that the resolution There being no objection, the Senate and all benefits earned by veterans, as be agreed to, the preamble be agreed proceeded to consider the bill. a continuing cost of war. Unfortu- to, the motions to reconsider be laid Mr. DURBIN. Mr. Presdient, I ask nately, it seems highly likely that the upon the table, en bloc; and that any unanimous consent that the bill be ongoing conflicts in Iraq and Afghani- statements relating thereto be printed read a third time, passed, and the mo- stan will continue and this in turn will in the RECORD. tion to reconsider be laid on the table,

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — SENATE S13135 that any statements relating thereto The legislative clerk read as follows: FEDERAL HOUSING FINANCE BOARD be printed in the RECORD. A bill (S. 2198) to require the Architect of ALLAN I. MENDELOWITZ, OF CONNECTICUT, TO BE A DI- The bill (S. 1839) was ordered to a the Capitol to permit the acknowledgment of RECTOR OF THE FEDERAL HOUSING FINANCE BOARD FOR A TERM EXPIRING FEBRUARY 27, 2014. (REAPPOINTMENT) third reading, was read the third time, God on flag certificates. and passed, as follows: A bill (S. 2205) to authorize the cancella- BROADCASTING BOARD OF GOVERNORS tion of removal and adjustment of status of JOAQUIN F. BLAYA, OF FLORIDA, TO BE A MEMBER OF S. 1839 certain alien students who are long-term THE BROADCASTING BOARD OF GOVERNORS FOR A TERM Be it enacted by the Senate and House of Rep- EXPIRING AUGUST 13, 2008. (REAPPOINTMENT) United States residents and who entered the JOAQUIN F. BLAYA, OF FLORIDA, TO BE A MEMBER OF resentatives of the United States of America in United States as children, and for other pur- THE BROADCASTING BOARD OF GOVERNORS FOR A TERM Congress assembled, poses. EXPIRING AUGUST 13, 2011. (REAPPOINTMENT) EDWARD E. KAUFMAN, OF DELAWARE, TO BE A MEM- SECTION 1. PERIODIC REPORTS ON CLAIMS RE- Mr. DURBIN. Mr. President, I ask for BER OF THE BROADCASTING BOARD OF GOVERNORS FOR LATED TO ACTS OF TERRORISM A TERM EXPIRING AUGUST 13, 2009. (REAPPOINTMENT) AGAINST AMERICANS PERPETRATED their second reading and object to my SUSAN M. MCCUE, OF VIRGINIA, TO BE A MEMBER OF OR SUPPORTED BY THE GOVERN- own request. THE BROADCASTING BOARD OF GOVERNORS FOR A TERM MENT OF LIBYA. EXPIRING AUGUST 13, 2010, VICE NORMAN J. PATTIZ, The ACTING PRESIDENT pro tem- TERM EXPIRED. (a) REPORTS REQUIRED.— pore. Objection is heard. The bills will DENNIS M. MULHAUPT, OF CALIFORNIA, TO BE A MEM- (1) IN GENERAL.—Not later than 60 days be read a second time on the next legis- BER OF THE BROADCASTING BOARD OF GOVERNORS FOR after the date of enactment of this Act, and A TERM EXPIRING AUGUST 13, 2008, VICE BLANQUITA lative day. WALSH CULLUM, TERM EXPIRED. every 180 days thereafter until December 31, DENNIS M. MULHAUPT, OF CALIFORNIA, TO BE A MEM- 2009, or the Secretary of State makes the f BER OF THE BROADCASTING BOARD OF GOVERNORS FOR certification under subsection (b), the Sec- A TERM EXPIRING AUGUST 13, 2011. (REAPPOINTMENT) ORDERS FOR FRIDAY, OCTOBER 19, STEVEN J. SIMMONS, OF CONNECTICUT, TO BE A MEM- retary of State shall submit to the appro- BER OF THE BROADCASTING BOARD OF GOVERNORS FOR priate congressional committees a report on 2007 A TERM EXPIRING AUGUST 13, 2009. (REAPPOINTMENT) unresolved claims by nationals of the United Mr. DURBIN. Mr. President, I ask IN THE ARMY States against the Government of Libya for unanimous consent that when the Sen- acts described in section 1605(a)(7) of title 28, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ate completes its business today, it IN THE UNITED STATES ARMY TO THE GRADE INDICATED United States Code. stand adjourned until 10 a.m., Friday, UNDER TITLE 10, U.S.C., SECTION 624: (2) CONTENT.—Each report submitted under To be brigadier general paragraph (1) shall include— October 19; that on that day, following (A) information on the status of negotia- the prayer and pledge, the Journal of COL. DONALD L. RUTHERFORD, 0000 tions between the Government of Libya and proceedings be approved to date, the THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT the United States claimants; IN THE UNITED STATES ARMY TO THE GRADE INDICATED morning hour be deemed expired, the UNDER TITLE 10, U.S.C., SECTIONS 624 AND 3064: (B) a description of the specific actions time for the two leaders reserved for To be brigadier general that the United States Government is taking their use later in the day, and the Sen- to encourage the Government of Libya to re- ate then resume consideration of H.R. COLONEL JOSEPH CARAVALHO, JR., 0000 solve such claims; and COLONEL RHONDA L. S. CORNUM, 0000 (C) any other information that the Sec- 3043. COLONEL KEITH W. GALLAGHER, 0000 retary of State considers appropriate. The ACTING PRESIDENT pro tem- IN THE AIR FORCE (b) CERTIFICATION.—The certification re- pore. Without objection, it is so or- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ferred to in paragraph (1) of subsection (a) is dered. AS PERMANENT PROFESSOR AT THE UNITED STATES AIR a certification submitted by the Secretary of FORCE ACADEMY IN THE GRADE INDICATED UNDER f TITLE 10, U.S.C., SECTIONS 9333(B) AND 9336(A): State to the appropriate congressional committees that all claims by nationals of the PROGRAM To be colonel United States described in such paragraph Mr. DURBIN. On behalf of the leader, CHERYL A. KEARNEY, 0000 have been resolved. I wish to reiterate his earlier an- THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- (c) DEFINITIONS.—In this section: MENT IN THE GRADE INDICATED IN THE REGULAR AIR (1) The term ‘‘appropriate congressional nouncement that there will be no roll- FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): committees’’ means— call votes during Friday’s session. To be lieutenant colonel (A) the Committee on Foreign Relations, However, the bill managers will be here NOEL P. KORNETT, 0000 the Committee on Armed Services, and the to work with Members who do have THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- Committee on Appropriations of the Senate; amendments. Also, as a reminder, MENT IN THE GRADE INDICATED IN THE REGULAR AIR and there is a 1 p.m. filing deadline for FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): (B) the Committee on Foreign Affairs, the first-degree amendments on Friday. To be major Committee on Armed Services, and the Com- mittee on Appropriations of the House of f MICHAEL MAINE, JR., 0000 Representatives. THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- ADJOURNMENT UNTIL 10 A.M. MENT IN THE GRADE INDICATED IN THE REGULAR AIR (2) The term ‘‘national of the United FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): States’’ has the meaning given the term in TOMORROW section 101(a)(22) of the Immigration and Na- Mr. DURBIN. If there is no further To be lieutenant colonel tionality Act (8 U.S.C. 1101(a)(22)). business, I now ask unanimous consent MICHAEL T. BUTLER, 0000 ROBERT CANNON, 0000 f that the Senate stand in adjournment under the previous order. IN THE NAVY MEASURES READ THE FIRST There being no objection, the Senate, THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- TIME—S. 2198 AND S. 2205 POINTMENT IN THE GRADES INDICATED IN THE UNITED at 8:24 p.m., adjourned until Friday, STATES NAVY UNDER TITLE 10, U.S.C., SECTION 531: Mr. DURBIN. I understand there are October 19, 2007, at 10 a.m. To be captain two bills at the desk. I ask for their f GARY TABACH, 0000 first reading, en bloc. The ACTING PRESIDENT pro tem- NOMINATIONS To be lieutenant commander pore. The clerk will report the bills by Executive nominations received by BRADLEY L. KINKEAD, 0000 ERIC E. PERCIVAL, 0000 title for the first time. the Senate: KELVIN L. REED, 0000

VerDate Mar 15 2010 22:16 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00107 Fmt 0624 Sfmt 9801 E:\2007SENATE\S18OC7.REC S18OC7 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 18, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2173 EXTENSIONS OF REMARKS

HONORING THE CAREER OF DR. IN HONOR OF THE 150TH ANNIVER- the library will continue to expand its collection DHARMAPURI VIDYASAGER SARY OF THE SACRAMENTO and make its services more readily available PUBLIC LIBRARY to Sacramento residents. As the Sacramento Community and library’s supporters gather to HON. DANNY K. DAVIS celebrate 150 years of success, I ask all my OF ILLINOIS HON. DORIS O. MATSUI OF CALIFORNIA colleagues to join me in honoring the Sac- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ramento Public Library. f Thursday, October 18, 2007 Thursday, October 18, 2007 NATO PARLIAMENTARY ASSEM- Mr. DAVIS of Illinois. Madam Speaker, I Ms. MATSUI. Madam Speaker, I rise in BLY MEETINGS IN REYKJAVIK, would like to take this opportunity to recognize honor of the Sacramento Public Library’s 150 ICELAND the service of a distinguished faculty member years of providing excellent service to Sac- in the College of Medicine at the University of ramento residents. In 1857 the Sacramento Li- Illinois at Chicago. Dr. Dharmapuri Vidyasager brary was established by community leaders HON. JOHN S. TANNER currently serves as the Director of and has grown to include 26 other branches OF TENNESSEE Neonatology and Co-Director of the Perinatal and bookmobiles. I ask all of my colleagues to IN THE HOUSE OF REPRESENTATIVES Center at UIC. Hired specifically to establish a join with me in saluting 150 years of first-rate Thursday, October 18, 2007 Neonatal Intensive Care unit, he began his ca- service provided by the Sacramento Public Li- Mr. TANNER. Madam Speaker, I recently reer with UIC as the Director of Newborn brary. led a bipartisan House delegation to NATO Nurseries in 1974. During the interim 33 The Central Library, located in downtown Parliamentary Assembly meetings in Rey- years, he became a full professor in 1977 and Sacramento has evolved since Sacramento’s kjavik, Iceland, from October 5–October 9. served as the interim Head of the Department leaders established it as the center for schol- The co-chair of my delegation was the Hon. of Pediatrics in 1983. I seek to recognize Dr. arly thought in the region in 1857. Led by the JOHN SHIMKUS. In addition, Representatives Vidyasager today in anticipation of his retire- efforts of distinguished Sacramentans such as JOHN BOOZMAN, JO ANN EMERSON, JEFF MIL- ment in November of this year. Leland Stanford, Charles Crocker, Collis Pot- LER, DENNIS MOORE, RALPH REGULA, MIKE Without question, Dr. Vidyasager has con- ter Huntington, Mark Hopkins and Newton ROSS, DAVID SCOTT, ELLEN TAUSCHER, and tributed significantly to the field of neonatology Booth, the library officially opened on Novem- TOM UDALL, and staff, worked to make these as a physician, a researcher, and an educator. ber 6, 1857. At its inception, the library origi- meetings a success in the examination of a From establishing the first neonatal care unit nally served about 40 visitors per day and number of front-line NATO issues. in the State of Illinois at Cook County Hospital issued 150 books per week. A decade later The NATO Parliamentary Assembly brings in 1971 to helping decrease the Illinois infant the library association’s prosperity continued together members of parliament from all 26 al- mortality rate from 25 to 7 deaths per 1,000 to increase, and they were able to purchase a lied states. In addition, observer delegations births to aiding other nations in reducing neo- downtown lot on I Street. Eventually, through from such countries as Russia, Georgia, Mac- natal and infant mortality, his medical work donations from the Carnegie Foundation and edonia, Croatia, and Albania bring a wide has had a substantial, direct effect on new- the city, the Central Library moved into the range of views to the table in discussion of born children. Dr. Vidyasager’s research on distinctive 3 story brick building on April 23, issues of interest to Americans and Euro- surfactant systems in lungs and the treatment 1918. Today, the Central Library’s vast collec- peans. The NATO Parliamentary Assembly of the hyaline membrane disease has proved tion has grown to include nearly 300,000 vol- breaks into committees for presentation and quite essential to the major advancements that umes, with more than 1,000 periodical sub- discussion of reports by the parliamentary del- have taken place in the field of neonatology. scriptions. Their catalog also includes special egates. These sessions provide an opportunity In addition, Dr. Vidyasager has demonstrated collections and a variety of historic govern- to gauge the issues of greatest interest to a strong commitment to developing high cal- ment documents. NATO governments, and give our own Mem- iber physicians. During his tenure, Dr. The Sacramento Public Library provides bers not only the chance to voice their own Vidyasager trained more than 70 service to 1,269,000 residents in the Sac- views, but to understand the debates occur- neonatologists, some of whom are nationally ramento region making it the fifth largest li- ring in such key countries as Germany, and internationally known academicians. He brary in California. Its extensive collection France, and Britain. was responsible for developing the UIC Med- makes it the sixth largest library in terms of There were several key issues that surfaced ical Center’s teaching program into one of the materials held. The library’s 340 staff mem- in the different committees. NATO’s mission in most highly recognized physician training cen- bers help to operate the 27 branches. The li- Afghanistan was perhaps the most important. ters. Further, he has conducted training ses- brary owns over 100,000 audio-visual items, The future of Kosovo, now in the final stages sions and provided free consultations on the subscribes to 4,000 periodicals and provides of its quest for independence, was another. establishment of modern neonatal intensive 345 technology workstations for public use. Enlargement of the alliance, an important sub- care units across the globe including—but not In 1984, The Sacramento Public Library ject of discussion at the coming NATO summit limited to—China, India, Poland, Lithuania, Foundation was created as a nonprofit cor- in Bucharest in April 2008, drew considerable and Uzbekistan. poration to encourage and support the bene- attention. Other issues evident in the different In 2006, Dr. Vidyasager’s work was honored fits of the Sacramento Public Library. The committees were Russia’s relations with the via his nomination for inclusion in the Castle Foundation has been instrumental in raising alliance, energy security, and missile defense. Connolly Medical Ltd.’s Top Doctors of Amer- money to purchase books, computers, reading I have been chairman of the Committee on ica and The Best Doctors Directory. His serv- enrichment programs, bookmobiles, literacy Economics and Security, and was re-elected ice to the field of neonatology, his patients, the classes, and after school homework centers. to that position in Reykjavik. I will take the op- University of Illinois at Chicago, and to the Without the $7 million raised by the Founda- portunity to mention that Rep. BOOZMAN was City of Chicago has been quite extraordinary. tion to date, many of these vital services also re-elected to serve another year as a I honor his retirement in November 2007 with would not be possible. The Foundation’s rapporteur in that committee. Together with a the words of Frederick Douglass as he once strength stems from its wide support of over Lithuanian member of parliament, he pre- said, ‘‘Man’s greatness consists in his ability to 16,000 donors who have been supportive of sented a well-received report on the rise of an do and the proper application of his powers to the Sacramento Public Library and its abun- east Asian economic system. There was also things needed to be done.’’ The accomplish- dance of resources. a report on trends in allied defense manage- ments of Dr. Vidyasager over the last three Madam Speaker, I am honored to recognize ment in burdensharing. The report triggered a decades have done a great deal to illustrate the 150 years of service provided by the Sac- vigorous discussion of NATO’s effort to sta- his greatness. ramento Public Library. In the coming years bilize Afghanistan. Forces from the United

∑ 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 03:26 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A18OC8.001 E18OCPT1 bajohnson on PROD1PC71 with REMARKS E2174 CONGRESSIONAL RECORD — Extensions of Remarks October 18, 2007 States, Britain, Canada, and the Netherlands interesting being a report on climate change, nian foreign minister, Antonio Milososki, where bear the brunt of the fighting there, and there and another on proliferation of missile tech- there was a good discussion of his country’s was an appeal for other member governments nologies. The discussion on climate change, efforts to qualify for NATO membership. Be- to contribute more troops and other resources. given the setting in Iceland where glaciers are fore our departure for Reykjavik, staff also While there is widespread agreement in the al- reportedly melting with unforeseen rapidity, held a meeting in Washington with representa- liance that stabilization of Afghanistan is a crit- was vigorous and thoughtful. The discussion tives of the Croatian government to discuss ical step in the effort to subdue terrorism, on proliferation led to a debate over missile Zagreb’s efforts to qualify for membership. It some governments with capable forces remain defense. Rep. TAUSCHER made several crisp, must be said that one of the great values of reluctant to put their troops in harm’s way. clear interventions that outlined the U.S. de- the NATO Parliamentary Assembly is the op- The Political Committee also saw a conten- bate over a prospective missile defense portunity to meet our counterparts from the tious debate over Afghanistan. A Canadian against Iran. She also provided a telling cri- parliaments of allied states. The chance to delegate ably presented a report calling for a tique of a Russian delegate’s wandering and learn national and regional perspectives pro- reduction in caveats—the restrictions that often inaccurate presentation on elements of vides our own delegation with insights into key some governments place on the use of their U.S. defense policy. The committee voted not allied issues, and how we might resolve a forces—and for more troops. There was also to adopt the Russian delegate’s report. range of questions of great importance to U.S. a report on NATO’s efforts in the conflict The Committee on Defense and Security security. against terrorism. The report laid out the good also heard a debate, contentious at times, on I wish to add that this was the first meeting cooperation between the United States and NATO operations in Afghanistan. The British in many years that we were without our friend, the European Union in law-enforcement efforts delegate who presented the report called on the late Rep. Paul Gillmor. He had been my to undercut terrorist financing schemes and to allied governments with minimal resources delegation co-chair since the beginning of the intercept terrorists as they move about the committed to Afghanistan to work to persuade 110th Congress, and we conducted many world; it also noted that NATO as an institution their publics of the importance of the oper- meetings together, in harmony and friendship. can bring political pressure to bear on govern- ations of NATO’s International Security Assist- He served in a number of offices in the NATO ments around the world that support or turn a ance Force (ISAF), and to contribute more Parliamentary Assembly, and was always the blind eye to terrorist activity on their soil. An- troops. The alliance needs more helicopters voice of reason and judiciousness. He was other subject of vigorous debate was a resolu- and combat troops, especially for rapid-re- widely admired, not only here in the United tion on the NATO-Russian relationship. The sponse actions, in the areas of the country States, but by his Assembly colleagues across resolution was rightfully critical of Russia’s ef- where the Taliban are active. There was also the political spectrum. There was a moving forts to intimidate such allies as Lithuania a report on the efforts of NATO’s three can- tribute to his memory during the plenary ses- through cutoffs of energy supplies, and such didate states—Croatia, Albania, and Mac- sion of the Assembly on October 9. He will be friendly governments as Georgia by support edonia—to receive invitations to enter the alli- greatly missed. for rebel groups within those governments’ ter- ance at the upcoming Bucharest summit. It is As always, our military personnel played an ritories. The Russian delegates defended the evident that the three governments have made important role in the success of the delega- actions of their government, and tried to water considerable progress in defense reform, but tion’s trip. The air crew came from the 1st Air- down the resolution. Mr. ROSS and Mr. UDALL some European parliamentarians questioned lift Squadron, which is part of the 89th Airlift strongly supported the key points of the reso- their progress in democratic governance. It is Wing located at Andrews Air Force Base. lution, which passed with nearly unanimous by no means a certainty that all three govern- They are all on active duty. In addition, three support from the delegates from the allied ments will receive invitations at Bucharest. Air Force active duty personnel and one re- states. Mr. ROSS was elected as a rapporteur There was also a report on the trip to Afghani- servist served as our congressional escort in the Political Committee, and will present a stan by a number of parliamentarians, includ- team. All worked long hours to ensure that our report on NATO and Iran at the spring meeting Rep. SHIMKUS, on the progress to date of trip went smoothly. I thank them for their hard ings of the Parliamentary Assembly in Berlin. the ISAF mission. Rep. SHIMKUS also gave a work and their dedication to duty. The Committee on the Civil Dimension of well-received report on NATO-EU coordination f Security saw the presentation of reports on in security matters. He analyzed the positive Montenegro’s role in the Balkans, and on the steps in such coordination, as well as some of INTRODUCTION OF THE FEDERAL protection of critical infrastructure, such as oil the shortfalls, including the difficulties encoun- LABOR-MANAGEMENT PARTNER- pipelines and communications networks, in altered in NATO’s efforts to provide security to SHIP ACT OF 2007 lied states. There were also two presentations the EU’s important police-training mission in by outside speakers that drew considerable in- Afghanistan. Rep. SHIMKUS was elected a HON. DANNY K. DAVIS terest. Mark Lowenthal, a former staff director vice-chair of the subcommittee on transatlantic of the House Intelligence Committee and later OF ILLINOIS defense and security cooperation, and Rep. the Counselor at the CIA, made a well-defined IN THE HOUSE OF REPRESENTATIVES TAUSCHER was elected the chair of the sub- presentation on intelligence, terrorism, and Thursday, October 18, 2007 committee on future security and defense ca- civil liberties. The delegates followed his pres- pabilities. Mr. DAVIS of Illinois. Madam Speaker, entation with a discussion of appropriate over- It should also be noted that Rep. EMERSON Former President Clinton once said, ‘‘Only by sight of intelligence operations by parliaments was elected a vice-president of the NATO Par- changing the nature of federal labor-manage- in the effort to protect personal freedoms. liamentary Assembly to fill out the term of the ment relations, so that managers, employees, Next, an Icelandic government minister gave a late Paul Gillmor. This is a senior position that and employees’ representatives serve as part- presentation on an emerging issue: as climate ners, will it be possible to design and imple- change causes the melting of part of the Arctic reflects her dedication to the Assembly’s work ment comprehensive changes necessary to ice pack, claims by a number of states to sea- and her evocation of the importance of the alli- government.’’ With this ideal in mind, I am bed resources and the right to move through ance to the United States. One of the more valuable aspects of As- the ‘‘Northwest Passage’’ have begun to proud to introduce the Federal Labor-Manage- emerge. Transit through the Northwest Pas- sembly meetings is the opportunity afforded ment Partnership Act of 2007, the Act. sage, if feasible, could reduce the voyage of for side meetings with senior U.S. and Euro- The Act codifies Executive Order 12871, petroleum tankers from the North Sea, for ex- pean officials. Before we left for Reykjavik, we signed by former President Clinton in 1993. ample, to Asia by approximately 4,000 miles. had a briefing on allied matters from our am- During its implementation, labor-management NATO governments have begun a quiet de- bassador to NATO, Victoria Nuland, and from partnerships created a co-equal forum for bate over how to provide security for ships Daniel Fried of the State Department and Dan managers and labor representatives to nego- using northern routes around Iceland and Fata from the Pentagon. Each outlined clearly tiate, plan, and exercise collective bargaining through possible sea lanes north of Canada. some of the key issues facing the alliance. In and effective decision-making. The impetus Two members of our delegation assumed Reykjavik, we had a private discussion with behind the Executive Order was recognition of offices on the Committee on Civil Dimension Jaap de Hoop Scheffer, the NATO Secretary the need to transform hostile, adversarial of Security. JO ANN EMERSON was re-elected General; we discussed Afghanistan, enlarge- labor-management relationships into valuable a vice-chair of the subcommittee on demo- ment, and Kosovo’s future, as well as other problem solving partnerships. This method of cratic governance, and DENNIS MOORE was issues. The U.S. ambassador to Iceland, Carol bilateral affiliation proved to be successful for elected vice-chair of the full committee. van Voorst, and her staff provided insight into the civil service. It helped boost employee mo- The Committee on Science and Technology and advice on U.S.-Icelandic relations. We rale, and aided agencies in improving and up- heard reports on a range of issues, the most also held a private meeting with the Macedo- holding their service missions.

VerDate Aug 31 2005 03:26 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A18OC8.003 E18OCPT1 bajohnson on PROD1PC71 with REMARKS October 18, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2175 The need to re-establish labor-management The Sacramento Regional Transit District, Eagle. From 1998 to 2001, Sergeant Newton partnerships is clear. In many Government also known as RT, has recently celebrated the was the Information Management Super- agencies there is a lack of trust exhibited be- 20th anniversary of light rail. RT operates a intendent for the Force Structure, Resources, tween managers, employees, and their rep- comprehensive public transit system that in- and Assessments (J–8) Directorate, Joint resentatives. This has created a morale prob- cludes 97 bus routes and 37 miles of light rail, Staff, Pentagon. He served as Deputy Execu- lem at many mission critical agencies; includ- covering a 418 square-mile service area. tive and facilitated multiple Joint Warfighting ing the Department of Homeland Security, Buses and light rail run 365 days a year from Capabilities Assessments on behalf of the Di- DHS, which was named in a recent study by 5 a.m. to 11:30 p.m., giving riders ample op- rector. Prior to January 1998, he served as In- the Office of Personnel Management as hav- portunities to utilize their services. Using 76 structor, Information Management Craftsmen ing the lowest level of morale in the Federal light rail vehicles, 254 buses powered by com- Course at Keesler AFB in Mississippi, where Government. pressed natural gas and 17 shuttle vans, RT he earned Master Instructor Certification. Ser- Now, more than ever, the American people is not only affordable and convenient but also geant Newton began his illustrious career at expect Government to lead by example. environmentally friendly. the 4th Wing, Seymour Johnson AFB, NC, Therefore, it is imperative to restore labor- Personally, Dr. Scott has been a pleasure to where he directly supported the 4404th Provi- management partnerships. Partnership is a work with. Her compassion and spirit has sional Wing during Operation Desert Storm/ proven practice that works. Partnership gives made her a wonderful addition to the Sac- Shield. added value to the federal workforce; and it is ramento community as well. She is a caring, Madam Speaker, I join my colleagues in ex- my fervent belief that partnership is essential smart and thoughtful administrator, who knows pressing our sincere appreciation to SMSgt for a more productive civil service. how to be tough when needed. I have been Tom Newton for his outstanding service to f told that she is affectionately known as ‘‘Hurri- both legislative branches and our United cane Bev’’ for her energy, enthusiasm and States Air Force. We wish him the best as he TRIBUTE TO DR. BEVERLY A. dedication to getting the job done, while those transitions into a new career. Senior Master SCOTT who work with her also call her ‘‘Mummy.’’ Sergeant Newton is a true professional and a For her work in Sacramento and across the credit to himself and the United States Air HON. DORIS O. MATSUI Nation, Dr. Scott has received numerous Force. OF CALIFORNIA awards, including awards from the U.S. De- CODELS FOR SMSGT NEWTON IN THE HOUSE OF REPRESENTATIVES partment of Transportation, American Public 2004 Thursday, October 18, 2007 Transportation Association, National Business CODEL Bilirakis—Athens, Greece/Venice, League, Women’s Transportation Seminar, Italy (7–16 Nov). Ms. MATSUI. Madam Speaker, I rise today Rhode Island Professional Engineers Society, 2005 in recognition of Dr. Beverley A. Scott’s serv- Sierra Club, Conference of Minority Transpor- CODEL Shimkus—St. Louis, Missouri (26– ice as Genera Manager and Chief Executive tation Officials, the National Forum for Black 28 Jan). Officer of the Sacramento Regional Transit Public Administrators, the Urban League, City CODEL Bilirakis—Brussels, Belgium/Paris, District. Dr. Scott leaves a lasting legacy in Year, and Paratransit. France/London, UK (18–28 Feb). Sacramento and she will be deeply missed. I Madam Speaker, I am honored to pay trib- CODEL King—Vienna, Austria/Aman, Jor- ask all my colleagues to join me in honoring ute to Dr. Beverly A. Scott’s distinguished dan/Tel Aviv, Israel/Cairo, Egypt/Rabat, Mo- rocco (30 Jul–7 Aug). one of Sacramento’s finest public servants. commitment to Sacramento’s public transpor- Dr. Scott has been a tireless advocate for SPEAKER Hastert—Glasgow, Scotland/ tation. Dr. Scott has stood as an instrumental Luxembourg (15–20 Sep). public transportation. After earning a doctorate force behind the advancement of the Sac- in political science from Howard University, 2006 ramento Regional Transit District and has CODEL Hefley—San Diego, California (25– she started her career in 1977 at Texas helped improve the overall quality of life for Southern University as one of four national re- 29 Jan). generations to come. We all are thankful for CODEL Hefley—Brussels, Belgium/Paris, cipients of a Carnegie Foundation Fellowship. her efforts. As Dr. Scott’s colleagues, family France/London, UK (17–28 Feb). Dr. Scott went on to work as the general man- and friends gather to honor her service, I ask CODEL Goodlatte—Denver, Colorado/San ager at the Rhode Island Public Transit Au- all my colleagues to join me in wishing her Angelo, Texas (7–9 May). thority as well as holding executive manage- continued good fortune in her future endeav- CODEL Young—Alaska (29 Jul–6 Aug). ment positions with transit agencies in New ors. 2007 York, New Jersey and Washington, DC. In f SPEAKER Pelosi—Jerusalem, Israel/Da- New York, Dr. Scott was the first woman ap- mascus, Syria/Riyadh, Saudi Arabia/Lisbon, pointed vice president of surface transit and IN TRIBUTE TO SENIOR MASTER Portugal (29 Mar–7 Apr). she was responsible for the daily transit oper- SERGEANT THOMAS NEWTON ON CODEL Tanner—Lisbon, Portugal/Tunis, ations of New York and Staten Island Rail. HIS RETIREMENT FROM THE Tunisia/Rabat, Morocco (24 May–3 Jun). UNITED STATES AIR FORCE SPEAKER Pelosi—New Orleans, Louisiana With such an accomplished past, Dr. Scott (12–15 Aug). joined the Sacramento Regional Transit Dis- trict in October of 2002 and increased morale HON. JOHN S. TANNER f immediately. Using a variety of tools, Dr. Scott OF TENNESSEE IN MEMORY OF MATTHEW created a new strategic plan involving a wide IN THE HOUSE OF REPRESENTATIVES RICHARD WILL variety of partners, both inside and outside of Regional Transit’s organization. Under her Thursday, October 18, 2007 HON. SAM FARR leadership, the Regional Transit successfully Mr. TANNER. Madam Speaker, on the oc- OF CALIFORNIA expanded light rail to Sunrise Boulevard, fol- casion of his retirement from the United States IN THE HOUSE OF REPRESENTATIVES lowed by an extension to the City of Folsom. Air Force, I want to recognize SMSgt Tom Light rail has also expanded in downtown Sac- Newton for his 24 years of dedicated service Thursday, October 18, 2007 ramento to the Amtrak station. to our country. In his most recent assignment, Mr. FARR. Madam Speaker, I rise today to Dr. Scott played an instrumental role in the he serves as the Superintendent, Office of honor the memory of Matthew Richard Will, a renewal of Measure A, which provides local Legislative Liaison, Secretary of the Air Force, father, husband, firefighter, and hero who died funding for mass transit and transportation pri- where he is responsible for Air Force legisla- recently in the line of duty helping to protect orities. For the past 3 years, Regional Transit tive matters and facilitating worldwide Con- the people he had sworn to serve. has been awarded a financial accountability gressional travel. As you know, Madam Matthew Will was a Heavy Fire Equipment award of excellence for their improved budget Speaker, Sergeant Newton has professionally Operator for the California Department of For- reporting, and fiscal management. Dr. Scott served as your escort for two Congressional estry and Fire Protection, also known as Cal also created the Regional Transit University to delegations this year and a dozen other dele- Fire. Will started his career with Cal Fire in improve employee training. With Transit Eti- gation trips around the world since 2004. 2003 and recently graduated from the depart- quette Program forums and the restructuring Prior to June 2004, he was the Chief, ment’s fire academy in Ione. He was assigned of RT’s Mobility Advisory Committee Dr. Workgroup Manager for Headquarters Security to the Hollister Air Attack Base in Cal Fire’s Scott’s leadership has helped Regional Transit Forces, Pentagon, responsible to the Director San Benito-Monterey Unit. serve all of us in Sacramento that use public for network security, antiterrorism, force pro- Earlier this month a house fire broke out in transit. tection, and supporting Operation Global the heavily wooded and rugged area of Big

VerDate Aug 31 2005 03:26 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A18OC8.006 E18OCPT1 bajohnson on PROD1PC71 with REMARKS E2176 CONGRESSIONAL RECORD — Extensions of Remarks October 18, 2007 Sur, California, known as Palo Colorado Can- THE DEPLOYMENT OF THE OKLA- and expanded the business in partnership with yon. The fire soon spread to the surrounding HOMA NATIONAL GUARD’S 45TH Bert’s nephew, David Wood into the 1980s, brush and began to threaten the lives and INFANTRY BRIGADE COMBAT and in 1987, Hanna Wood, granddaughter of property of other Palo Colorado Canyon resi- TEAM Bert, assumed responsibility for the business. dents. Quick action by Matthew and his com- Typecraft, Inc. was formed in 1947 by Emer rades from Cal Fire and the other responding HON. JOHN SULLIVAN Bates, and Len Jasmin, former publisher and former manager of the Pasadena Independent fire fighting agencies kept the fire from engulf- OF OKLAHOMA Newspaper. In the 1960s, Harry Montgomery ing the whole canyon, limiting the damage to IN THE HOUSE OF REPRESENTATIVES the initial home and about fifty surrounding joined Typecraft, Inc., partnering with Len Thursday, October 18, 2007 Jasmin. acres. As part of this effort, Matthew was on J.J. Gish, whose father Jerry Gish was a his bulldozer working to check the spread of Mr. SULLIVAN. Madam Speaker, I rise today to commemorate the Oklahoma National 50-year employee of Typecraft, Inc., pur- the fire by clearing a fire break. Tragically, chased Wood & Jones Printers in 1994 and Matthew’s bulldozer slipped and tumbled down Guard’s 45th Infantry Brigade Combat Team (IBCT) which is set to deploy to Iraq early next became partners with Harry Montgomery, a steep slope. Matthew later died of his inju- Emer Bates’ son-in-law in 2000. Typecraft, ries. year in support of Operation Iraqi Freedom. Today, a farewell ceremony honoring 2,400 Inc. and Wood & Jones Printers were merged Matthew Will’s youth magnifies this tragedy. deploying soldiers in the 45th IBCT is taking at that time into one company. He was just 30 years old. He is survived by place at the Lloyd Noble Center in Norman, Both Typecraft, Inc. and Wood & Jones his wife Diana ‘‘Dee Dee’’ Will of Hollister, Oklahoma. Families and friends throughout Printers separately and together have kept California; 10-year-old son Trysten; 8-year-old the state will have an opportunity to celebrate abreast of the latest technologies, creating daughter Elsie; parents Gary and Debbie Will the patriotism and courage of Oklahoma’s cit- quality printed materials for businesses, non- of Campo, California; and brothers Brandon izen soldiers. This will be the largest single profit organizations, schools, museums, and and Justin Will of Campo, California. deployment of Oklahoma’s citizen soldiers fine art museums. Typecraft Wood & Jones is the annual print sponsor for AIGS Los Ange- since the Korean War, an important event in Madam Speaker, I have been an occasional les, the Professional Association for Design. the history of the Oklahoma National Guard. Big Sur resident myself for over 50 years. In Over the last century, Typecraft Wood & On October 19, 2007, the 45th IBCT will that time I have seen fire threaten or destroy Jones has supported a variety of worthwhile begin to move their soldiers to the mobilization the homes and property of neighbors and ac- local organizations and institutions such as the quaintances. The people of Big Sur live with a station at Fort Bliss, Texas. While at Fort Boys and Girls Clubs of Pasadena, Boy heightened sense of fire’s danger and a deep Bliss, the brigade will undergo 10 to 12 weeks Scouts of America, the Pasadena Library respect for the men and women who risk their of intense mission specific training which will Foundation, Aids Service Center, Huntington prepare them for any mission unique tasks lives fighting those fires. I know I speak for Memorial Hospital, Zonta Club, John Marshall that they will be required to perform while de- this House and my neighbors when I share Fundamental School and the Pasadena Senior ploying to Iraq next year. our deep gratitude for his service as a fire- Center. In addition, Typecraft Wood & Jones The stakes could not be higher for success fighter, and our deep sorrow at his death. Our also contributes to the Pasadena Art Alliance, in the Global War on Terror. The 45th IBCT the Los Angeles County Museum of Art, Pasa- prayers are with Matthew Will’s family, friends, will play a critical role in securing Iraq from al- and colleagues at this time of grief and loss. dena Playhouse, Armory Center for the Arts Qaeda and other militants seeking to under- and Pasadena City College School of Fine mine Iraq’s growth and security, and protect f Arts. America from future threats. It is my great honor to recognize Typecraft I know this is not the first deployment for CONGRATULATIONS AND FARE- Wood & Jones upon the combined one-hun- many of these brave men and women and WELL TO MR. WILLIAM DUNN, A dred sixty years of dedicated service to the their families back home. Their collective sac- GREAT AMERICAN AND TEXAN, community of greater Pasadena. I ask all rifice for our Nation’s security is symbolic of FOR 25 YEARS OF DEDICATED members to join me in commending their ef- the pride Oklahoma has for our citizen soldiers SERVICE forts. serving in times of war and conflict. f I am confident the 45th IBCT is ready to answer the call in the defense of our Nation. FEDERAL RAILROAD SAFETY HON. SAM JOHNSON With this deployment, they are carrying for- IMPROVEMENT ACT OF 2007 OF TEXAS ward the proud history of this brigade. It is an SPEECH OF honor to represent many of these brave citizen IN THE HOUSE OF REPRESENTATIVES soldiers in Congress, and I look forward to HON. ELIJAH E. CUMMINGS Thursday, October 18, 2007 supporting the 45th IBCT’s critically important OF MARYLAND mission to the fullest extent possible. IN THE HOUSE OF REPRESENTATIVES Mr. SAM JOHNSON of Texas. Madam f Wednesday, October 17, 2007 Speaker, a congratulations and farewell is in order today for Mr. William ‘‘Cotton’’ Dunn. A TRIBUTE TO TYPECRAFT WOOD The House in Committee of the Whole & JONES House on the State of the Union had under Cotton graduated with a degree in account- consideration the bill (H.R. 2095) to, amend ing but quickly learned his true love and pas- title 49, United States Code, to prevent rail- sion was for the game of golf. He went on to HON. ADAM B. SCHIFF road fatalities, injuries, and hazardous mate- play tours, set records, and earn many re- OF CALIFORNIA rials releases, to authorize the Federal Rail- IN THE HOUSE OF REPRESENTATIVES road Safety Administration, and for other spectable titles. purposes: Thursday, October 18, 2007 For the past 25 years Cotton has served as Mr. CUMMINGS. Mr. Chairman, I rise today the Director of Golf at the Prestonwood Coun- Mr. SCHIFF. Madam Speaker, I rise today in strong support of the Federal Railroad Safe- try Club. Over the years, he has received to honor Typecraft Wood & Jones, a family- ty Improvement Act of 2007, H.R. 2095, au- many honors. Most recently, he received the owned business, which is celebrating the one- thored by Congressman JAMES OBERSTAR, 2006 Distinguished Service Award from the hundredth anniversary of Wood & Jones Print- Chairman of the Committee on Transportation Northern Texas PGA. ers and the sixtieth anniversary of Typecraft, and Infrastructure, and Congresswoman Inc. Much of the strength of the Lone Star State CORRINE BROWN, Chairwoman of the Sub- Wood & Jones Printers was founded in comes from the commitment and good will of committee on Railroads, Pipelines, and Haz- 1907 in Pasadena, California by Bert Wood, a individuals, and Cotton is no exception. His ardous Materials. pressman from New England and Fred Jones, This legislation, which I believe adequately leadership both on and off the course has mo- a typographer from Canada. Bert’s son, Rich- balances overdue safety improvements with tivated, inspired, and encouraged hundreds of ard Wood, introduced offset lithography to the the need to keep commerce moving, is the people, and for those reasons he will be business in the 1940s. Chris Wood, Bert’s first significant rail safety legislation to come missed. grandson, introduced phototypesetting and before the House since the most recent au- We would like to wish you a long and happy added a drive-through photocopy division to thorization of federal safety programs expired retirement! the business in the 1980s. Richard operated nearly 10 years ago.

VerDate Aug 31 2005 03:26 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A18OC8.011 E18OCPT1 bajohnson on PROD1PC71 with REMARKS October 18, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2177 I am proud to be a co-sponsor of this meas- I am confident that enactment of H.R. 2095 graduate of Miami Northwestern Sr. High ure and I applaud the dedicated leadership will significantly improve the safety of rail oper- School Class of 1958 where his portrait still that has brought this legislation to the floor ations in the United States. I again thank hangs in the school’s Hall of Fame. He today. Chairman OBERSTAR—and Chairwoman furthered his education at Saint Augustine’s Particular attention should be given to the BROWN—for their work on this measure and I College, in Raleigh, North Carolina and went measures included in H.R. 2095—and in the urge its passage. on to get his Doctor of Human Letters degree manager’s amendment also under consider- f from Barbar-Scotia College, Concord, North ation—that address the unique safety con- Carolina in 1995. cerns associated with railroad tunnels and CELEBRATING THE WORLD-CLASS Married to Virla Rolle Barry, Reverend Barry bridges. PIEROGIES OF CLIFTON, NEW has been blessed in this holy matrimony for On July 18, 2001, a CSX train traveling JERSEY over 40 years. Also blessed to this union is through the Howard Street Tunnel in my dis- one daughter Diana, who is married to Ronald trict in Baltimore derailed, puncturing several HON. BILL PASCRELL, JR. Frazier, II, and two grandsons Richard and tank cars and igniting a flammable liquid that OF NEW JERSEY Ronald. This visionary of a pastor became God’s created a massive fire. IN THE HOUSE OF REPRESENTATIVES Following that terrible accident, I joined shepherd par excellence under the anointing Thursday, October 18, 2007 Chairman OBERSTAR in requesting the Govern- of the Holy Spirit, as he continues to guide his ment Accountability Office (GAO) to undertake Mr. PASCRELL. Madam Speaker, I rise Congregation. He has led Saint Agnes’ Epis- a study on railroad tunnel and bridge safety. today to inform Congress what so many peo- copal Church with a good mixture of old-time This study was released on August 30th of ple in my district have known for years—that religion and civic responsibility that continues this year. Clifton, New Jersey is indeed a pierogi lover’s to encourage the members not only to be- In brief, the study found that Class I rail- heaven. come spiritual and moral leaders, but also re- roads own and maintain more than 61,000 Clifton has a rich history of Eastern Euro- sponsible and conscientious guardians of bridges and more than 800 tunnels—while pean ancestry, and this delicacy is indeed one good government and community pride. Class II railroads own and maintain more than of the many fine contributions made by those Reverend Barry has dedicated his life to 15,000 bridges. These are staggering num- of that region in the world. making the lives of those around him better. bers that clearly demonstrate how important And in the Eighth District of New Jersey— Further demonstrated, as one of the many the safety of these pieces of infrastructure is one of the most diverse in the country—peo- programs under his leadership, the church to the operation of our Nation’s rail network. ple from all cultures and walks of life can adopted a HUD project, Rainbow Village The legislation and manager’s amendment agree that the city of Clifton has some of the Housing Development and lobbied the Miami- before us today address concerns raised both finest pierogies in America. Dade Housing Authority to completely ren- in the GAO report and in the National Trans- Indeed, the pierogi has reached almost ovate the complex. As a result of this action, portation Safety Board’s (NTSB) report on the mythical status in Clifton. It is sold in res- the tenant council of Rainbow Village and the Howard Street Tunnel fire. taurants and delis, churches and schools. One Vestry of this parish formed the Saint Agnes’ Section 609 of the underlying bill, which I of- would be hard pressed to find the dish absent Rainbow Village Community Development fered as an amendment during the Committee from a single menu in the city. Corporation (CDC). Through the CDC, 80 two- markup of this legislation, is intended to en- The people of Clifton possess a genuine story, three and four bedroom/two and one- sure that the first responders called to inci- love for the pierogi, more so than anywhere half bath, single-family homes for ownership dents in rail tunnels have all of the information else I have seen, whether stuffed with the tra- were built for low and moderate income fami- they need to provide an effective response to ditional potato and cheese, or more exotic fill- lies. the situation they encounter. ings, like papayas and blueberries. An ordained priest of the Episcopal Church Section 609 responds directly to the NTSB’s Showing their true dedication, last month and having served as a Priest for 39 years, findings in its investigation of the Howard the City Council of Clifton decreed that every Father Barry’s leadership is genuinely admi- Street Tunnel fire that Baltimore City first re- day of the year in Clifton is now officially rable. As a servant of God and as a spiritual sponders did not have adequate information ‘‘Pierogi Day.’’ leader immersed in Scriptural commitment, he on hazardous discharge procedures in the And it has now come to my attention that has earned the community’s deepest respect. Tunnel or on ingress and egress pathways Clifton is one of five cities vying for the title of This is the legacy with which he now guides into and out of the Tunnel. pierogi capital of the Nation. The public can his Church. To ensure that such a situation is never re- vote online at www.pierogypocket.com. I could Indeed, it is fitting and proper to give praise peated, Section 609 requires railroads to not recommend Clifton more strongly. to Almighty God for blessing the Saint Agnes’ make available to local jurisdictions informa- In the Eighth District, we are proud of the Episcopal Church with the longevity of leader- tion on rail tunnel ingress and egress path- strong cultural ties that each of us has to our ship through Reverend Barry. His service to ways and on the types of cargoes transported heritage. The City of Clifton’s love for the his Congregation and to all those who seek through long tunnels or tunnels through which pierogi truly embodies this spirit. comfort and solace in its Church sanctuary more than 5 passenger trains per day or more Clifton desires neither the fame nor fortune leaves an everlasting mark. than 500 carloads of toxic inhalation materials that would come with being named pierogi Today, I honor Reverend Barry for the years per year are moved. capital of the world. They only seek to confirm of dedication and commitment to his church The manager’s amendment before us re- the obvious. The title would be the sour cream and the community. sponds directly to the findings of the recent and fried onions on top. f GAO report by imposing significant new safety f A TRIBUTE TO THE GUARDSMEN requirements on railroads regarding the as- OF COAST AIR STATION ELIZA- TRIBUTE TO THE REVEREND sessment of bridge weight bearing capacity BETH CITY SEARCH AND RESCUE and bridge inspection procedures. CANON RICHARD LIVINGSTON Additionally, it imposes new requirements MARQUESS-BARRY HON. G. K. BUTTERFIELD on the review of bridge inspection data by the OF NORTH CAROLINA Federal Railroad Administration. HON. KENDRICK B. MEEK IN THE HOUSE OF REPRESENTATIVES Through these measures, the manager’s OF FLORIDA Thursday, October 18, 2007 amendment seeks to create a comprehensive IN THE HOUSE OF REPRESENTATIVES safety regime for railroad bridges—which is Mr. BUTTERFIELD. Madam Speaker, it is long overdue. Thursday, October 18, 2007 with tremendous pride that I rise today to pay The measures in H.R. 2095 on railroad tun- Mr. MEEK of Florida. Madam Speaker, I rise a sincere tribute to the Search and Rescue nels and bridges are just two of the many today to pay tribute to The Reverend Canon Team of Lieutenant Marc Tunstall, Ensign safety improvements that this bill would make Richard Livingston Marquess-Barry, Pastor of Jason Evans, Petty Officer 2nd Class Mike in the operation of our Nation’s railroad net- the Historic Saint Agnes’ Episcopal Church in Ackermann and Petty Officer 3rd Class Steven work—but are examples of how this bill re- Miami, Florida. Acuna. These men of Coast Guard Air Station sponds directly to the safety concerns that A native of Miami, Florida, Reverend Barry Elizabeth City rescued a downed Navy fighter have been identified since the last reauthoriza- obtained his early education from the Miami- pilot from the Atlantic Ocean this past Thurs- tion of the Federal Railroad Administration. Dade County Public Schools. He is a proud day.

VerDate Aug 31 2005 03:26 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A18OC8.015 E18OCPT1 bajohnson on PROD1PC71 with REMARKS E2178 CONGRESSIONAL RECORD — Extensions of Remarks October 18, 2007 At 6 p.m. on October 11, 2007, Lt. Marc many of whom will suffer from life long injuries member of the Riverside Unified School Dis- Tunstall and Ensign Jason Evans, pilot and that have no medical or technological resolu- trict Board of Education. co-pilot of a Coast Guard HH–60 Jayhawk hel- tions—including blindness, deafness, Post- Mrs. Maxine Frost graduated from Stanford icopter found the downed F/A–18 Hornet near- Traumatic Stress Disorder and Traumatic University with a bachelor’s degree in history ly 80 miles off Cape Henry, Virginia. Rescue Brain Injury. In the great State of Maryland and has been a resident and active member swimmer Petty Officer 2nd Class Mike alone, we continue to mourn the deaths of 70 of the Riverside community since 1958. Mrs. Ackermann was dispatched to retrieve the service members and our prayers go out to Frost’s interest in education began with her in- pilot from the ocean, whereupon the rescued over 392 brave men and women in uniform volvement in the education of her children. pilot was hoisted in the helicopter by flight me- who suffer from wounds gained on the battle- She was an active mother who served on var- chanic Petty Officer 3rd Class Steven Acuna. field of Iraq. ious school committees. In 1967, the Presi- The rescued pilot was transported to Sentara Mr. Speaker, as we look back over the last dent of the Riverside Unified School District Norfolk General Hospital where he is in stable five years we can only point to meager ac- Board of Education selected Maxine to fill a condition, with only minor injuries from the complishments while the overwhelming factor vacancy on the Board of Education. During crash. that shatters the forefront of our memory is the her tenure, Mrs. Frost witnessed history in- Madam Speaker, this successful rescue is onslaught of bloodshed, further internal and cluding the desegregation of the Riverside one of nearly 360 search and rescue missions external displacement of the Iraqi people, fur- school district. Maxine went on to serve on the executed every year by the men and women ther corruption of the Iraqi government and California School Boards Association and in of Coast Guard Air Station Elizabeth City. In further strained relations in the Middle East 1981 she was elected President of the organi- the last 60 years, the Air Station has rescued due in large part to the President’s stubborn zation. or assisted over 10,000 people. I am proud course of military operations in Iraq. During her tenure on the Board, Maxine has that Coast Guard Air Station Elizabeth City is In fact, corruption within the Iraqi govern- been elected by her fellow board members to located in my district, and more proud of the ment is as bad as ever and has become what serve as board president, vice-president and exemplary work and bravery exhibited by the has been described by Stuart Bowen, the U.S. clerk. One of Maxine’s many success stories men and women who save hundreds of lives State Department’s Special Inspector for Re- is the creation and development of the AVID each year. I ask my colleagues to join me in construction in Iraq as a ‘second insurgency’ program: Achievement Via Individual Deter- paying tribute to the commendable work of Lt. threatening to undermine U.S. and Iraqi efforts mination. AVID offers average students the Tunstall, Ensign Evans, Petty Officer 2nd to build a stable democracy. As concluded by opportunity to take college prep classes while Class Ackermann and Petty Officer 3rd Class the Iraqi Commission for Public Integrity, cor- teaching them study techniques and team- Acuna. ruption cases have increased by a staggering work. f 70 percent in the last year, despite the Admin- Mrs. Frost’s involvement in the community is istration’s efforts to quell these concerns by not limited to education; she has also dedi- EXPRESSING THE SENSE OF THE layering them in bureaucratic red tape and cated her time to many other organizations HOUSE REGARDING WITH- retroactively labeling unwarranted information that improve our quality of life including the HOLDING OF INFORMATION RE- as being classified. Riverside Art Alliance, Junior League of River- LATING TO CORRUPTION IN IRAQ As such, I congratulate my colleagues on side, League of Women Voters and the Na- passing H. Res. 734, which is a step in the tional Charity League. One reflection of SPEECH OF right direction. Specifically, this legislation Maxine’s many contributions to the community HON. ELIJAH E. CUMMINGS sends a strong message to the Administration are the countless awards and honors she has OF MARYLAND that anti-democratic practices will not be toler- received over the years. Recently the River- IN THE HOUSE OF REPRESENTATIVES ated. It also sends a message to the Iraqi side Unified School District Board of Education Tuesday, October 16, 2007 Government that the U.S. Government will not voted to name a school after Maxine, a vote sit idly by as Americans continue to sacrifice which required the Board to make an excep- Mr. CUMMINGS. Mr. Speaker, five years their lives at the expense of sustaining a mis- tion to its policy which requires that a person ago today, President George W. Bush signed managed Iraqi Government. be deceased for two years before a facility into law the ‘‘Joint Resolution to Authorize the Considering the ongoing corruption in Iraq, it can be designated. Use of United States Armed Forces Against is clear that our military can not do what Mrs. Maxine Frost’s tireless passion for Iraq,’’ H.J. Res. 114. should be the job of ambassadors, foreign dig- community service has contributed immensely In the House, the bill passed on October 10, nitaries and heads of state. to the betterment of the community of River- 2002, by a vote of 296–133. I was one of 126 As we look to the future, I hope that the Ad- side, California. She has been the heart and Democrats who voted against this grossly mis- ministration will shift from these failed policies soul of the Riverside Unified School District guided bill, concluding that further diplomacy in Iraq to a new policy that is fundamentally Board of Education and many other commu- was needed over a U.S. military strike. diplomatic and weighs heavily on the assist- nity organizations. I am proud to call Maxine And today—I remain unyielding in my ance of the international community. a fellow community member, American and stance that diplomacy, rather than military ac- We owe this to our brave soldiers, their fam- friend. I know that many community members tion is the answer to creating political reconcili- ilies and friends, the American people, and to are grateful for her service and salute her as ation in Iraq. the people of Iraq. she retires. We must implement a diplomatic strategy f f that is framed upon the doorway of the U.N. and hinges on the Arab League, the Organiza- TRIBUTE TO MAXINE PIERCE INDIA IS A DEFICIENT tion of the Islamic Conference, U.S. allies and FROST DEMOCRACY the will of the Iraqi people. Mr. Speaker, as the Iraq Study Group con- HON. KEN CALVERT HON. DAN BURTON cluded, a diplomatic strategy of gaining multi- OF CALIFORNIA OF INDIANA lateral and bilateral support throughout the IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES international community, especially with Iraq’s neighboring states will help marginalize ex- Thursday, October 18, 2007 Thursday, October 18, 2007 tremists and terrorists, promote U.S. values Mr. CALVERT. Madam Speaker, I rise today Mr. BURTON of Indiana. Madam Speaker, I and interests, and improve America’s global to honor and pay tribute to an individual was extremely disappointed today to see the image. whose dedication and contributions to the Human Rights Watch had to issue a statement Unfortunately, to date, the President’s new community of Riverside, California has been calling on the Government of India to finally strategy is not a new strategy at all and con- exceptional. The Riverside educational com- take concrete steps to hold accountable mem- tinues the same failed plan that was utilized munity has been fortunate to have dynamic bers of its security forces who killed, ‘‘dis- prior to the surge. His failed plan has resulted and dedicated community leaders who will- appeared,’’ and tortured thousands of Sikhs in over 3,800 U.S. soldiers being killed and ingly and unselfishly give their time and talent during its military campaign in the Punjab. I over 27,000 American soldiers being wound- for the betterment of our children. Maxine was disappointed because India should al- ed. Frost is one of these individuals. On Decem- ready be doing this. I was disappointed be- Additionally, at least 150,000 of our service ber 8, 2007, Maxine will be honored at a re- cause this call to action is simply further proof members have been victims of concussions, tirement dinner after serving 40 years as a that India—which prides itself on being the

VerDate Aug 31 2005 03:26 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A18OC8.019 E18OCPT1 bajohnson on PROD1PC71 with REMARKS October 18, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2179 world’s most populous democracy—is in re- forces committed serious human rights ‘‘The trial has been proceeding . . . with ality a highly deficient democracy; and that it abuses against tens of thousands of Sikhs. very little evidence being recorded at each has yet to do what it legally and morally must None of the key architects of this hearing, and with two to three months be- counterinsurgency strategy who bear sub- do; which is to clean up its atrocious human tween hearings. During this time, key wit- stantial responsibility for these atrocities nesses have died.’’ rights record. have been brought to justice. After Mohinder Singh’s son Jugraj Singh The massive human rights violations of the ‘‘Impunity in India has been rampant in was killed in an alleged faked armed encoun- Indian Government have been well docu- Punjab, where security forces committed ter between security forces and separatists mented. In fact, according to the Department large-scale human rights violations without in January 1995, he pursued numerous ave- of State’s 2006 Human Rights Report for any accountability,’’ said Brad Adams, Asia nues of justice. He brought his case before India: ‘‘Major problems included extrajudicial director at Human Rights Watch. ‘‘No one the Punjab & Haryana High Court and the killings of persons in custody, disappearances, disputes that the militants were guilty of CBI Special Court, but no police officer was numerous human rights abuses, but the gov- charged. A CBI investigation found that torture and rape by police and security forces. ernment should have acted within the law The lack of accountability permeated the gov- Jugraj Singh had been killed and cremated instead of sanctioning the killing, ‘dis- by the police. However, 11 years and a few in- ernment and security forces, creating an at- appearance,’ and torture of individuals ac- quiry reports later, the CBI court ended mosphere in which human rights violations cused of supporting the militants.’’ Mohinder Singh’s pursuit for accountability often went unpunished. Although the country A key case discussed in detail in the report by dismissing his case in 2006. Mohinder has numerous laws protecting human rights, is the Punjab ‘‘mass cremations case,’’ in Singh describes his interactions with the enforcement was lax and convictions were which the security services are implicated in CBI: thousands of killings and secret cremations ‘‘On one occasion when [the officer] from rare.’’ Again, these are not my words; this is throughout Punjab to hide the evidence of the CBI came to my house, he told me that from the State Department’s official report on wrongdoing. The case is currently before the I wasn’t going to get anything out of this. Human Rights. National Human Rights Commission, a body Not justice and not even compensation. He Although relations between India and the specially empowered by the Supreme Court further said that: ‘I see you running around to address this case. However, the commis- United States have been rocky in the past, pursuing your case. But you shouldn’t get sion has narrowed its efforts to merely es- since 2004 Washington and New Delhi have into a confrontation with the police. You tablishing the identity of the individuals been pursuing a ‘‘strategic partnership’’ based have to live here and they can pick you up at who were secretly cremated in three any time.’ He was indirectly threatening on shared values such as democracy, multi- crematoria in just one district of Punjab. It me.’’ culturalism, and rule of law. In addition, nu- has rejected cases from other districts and merous economic, security and globally fo- has ignored the intentional violations of Human Rights Watch and Ensaaf expressed cused initiatives, including plans for ‘‘full civil- human rights perpetrated by India’s security concern that the Indian government con- ian nuclear energy cooperation,’’ are currently forces. For more than a decade, the commis- tinues to cite the counterinsurgency oper- sion has failed to independently investigate ations in Punjab as a model for preserving underway. I support these initiatives but I re- national integrity. main deeply concerned about the numerous a single case and explicitly refuses to identify any responsible officials. ‘‘The government’s illegal and inhuman serious problems that remain when it comes ‘‘The National Human Rights Commission policies in the name of security have allowed to India’s respect for the rights of all of her citi- has inexplicably failed in its duties to inves- a culture of impunity to prevail that has zens. tigate and establish exactly what happened brutalized its police and security forces,’’ Madam Speaker, I ask unanimous consent in Punjab,’’ said Adams. ‘‘We still hold out said Kaur. to place a copy of the Human Rights press re- hope that it will change course and bring The report suggests a comprehensive framework to address the institutionalized lease into the RECORD at this time. I urge my justice to victims and their families.’’ impunity that has prevented accountability colleagues to read it and remember it and as The report discusses the case of Jaswant Singh Khalra, a leading human rights de- in Punjab. The detailed recommendations in- the United States and India move towards fender in Punjab who was abducted and then clude establishing a commission of inquiry, a greater cooperation in numerous endeavors to murdered in October 1995 by government offi- special prosecutor’s office, and an extensive insist that India live up to its moniker and ad- cials after being held in illegal detention for reparations program. here to the full expression of democracy and almost two months. Despite credible eye- ‘‘The Indian government needs to send a basic human rights; especially for members of witness testimony that police chief KPS Gill clear message to its security services, ethnic or religious minorities. was directly involved in interrogating courts, prosecutors, and civil servants that Khalra in illegal detention just days prior to it neither tolerates nor condones gross INDIA: TIME TO DELIVER JUSTICE FOR Khalra’s murder, the Central Bureau of In- human rights violations under any cir- ATROCITIES IN PUNJAB vestigation has thus far refused to inves- cumstances,’’ said Adams. ‘‘This requires a DELHI.—The Indian government must take tigate or prosecute Gill. In September 2006, comprehensive and credible process of ac- concrete steps to hold accountable members Khalra’s widow, Paramjit Kaur, filed a peti- countability that delivers truth, justice, and of its security forces who killed, ‘‘dis- tion in the Punjab & Haryana High Court reparations to its victims, who demand noth- appeared,’’ and tortured thousands of Sikhs calling on the CBI to take action against ing more than their rights guaranteed by In- during its counterinsurgency campaign in Gill. More than a year later, she is still wait- dia’s constitution and international law.’’ the Punjab, Human Rights Watch and Ensaaf ing for a hearing on the merits. said in a new report released today. ‘‘Delivering justice in Punjab could set f In order to end the institutional defects precedents throughout India for the redress HONORING ROBERT C. THOMPSON that foster impunity in Punjab and else- of mass state crimes and superior responsi- where in the country, the government should bility,’’ said Jaskaran Kaur, co-director of take new legal and practical steps, including Ensaaf. ‘‘Indians and the rest of the world HON. FRANK R. WOLF the establishment of a commission of in- are watching to see if the current Indian OF VIRGINIA quiry, a special prosecutor’s office, and an government can muster the political will to IN THE HOUSE OF REPRESENTATIVES extensive reparations program. do the right thing. It if fails, then the only The 123-page report, ‘‘Protecting the Kill- conclusion that can be reached is that the Thursday, October 18, 2007 ers: A Policy of Impunity in Punjab, India,’’ state’s institutions cannot or will not take examines the challenges faced by victims on the security establishment. This has Mr. WOLF. Madam Speaker, I want to call and their relatives in pursuing legal avenues grave implications for Indian democracy.’’ to the attention of the House the outstanding for accountability for the human rights Victims and their families seeking justice public service of Robert C. Thompson of abuses perpetrated during the government’s face severe challenges, including prolonged McLean, Virginia, in my congressional district, counterinsurgency campaign. The report de- trials, biased prosecutors, an unresponsive as he prepares to retire this month. scribes the impunity enjoyed by officials re- judiciary, police intimidation and harass- sponsible for violations and the near total Mr. Thompson has contributed more than ment of witnesses, and the failure to charge 30 years of public service to our Nation, most failure of India’s judicial and state institu- senior government officials despite evidence tions, from the National Human Rights Com- of their role in the abuses. recently as Deputy Director for Management mission to the Central Bureau of Investiga- Tarloehan Singh described the hurdles he and Administration of the Naval Criminal In- tion (CBI), to provide justice for victims’ has faced in his now 18–year struggle before vestigative Service, which he helped com- families. Indian courts for justice for the killing of his pletely restructure from the ground up fol- Beginning in the 1980s, Sikh separatists in son, Kulwinder Singh: lowing 9/11. He has proven himself a pio- Punjab committed serious human rights ‘‘I used to receive threatening phone calls. abuses, including the massacre of civilians, The caller would say that they had killed neering, tireless leader in the Navy’s efforts to attacks upon Hindu minorities in the state, thousands of boys and thrown them into ca- combat terrorism around the globe. and indiscriminate bomb attacks in crowded nals, and they would also do that to Robert Thompson began his career in the places. In its counterinsurgency operations Kulwinder Singh’s wife, kid, or me and my Army, where he saw armed conflict in Viet- in Punjab from 1984 to 1995. Indian security wife . . . nam, and was stationed in the Republic of

VerDate Aug 31 2005 03:26 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A18OC8.023 E18OCPT1 bajohnson on PROD1PC71 with REMARKS E2180 CONGRESSIONAL RECORD — Extensions of Remarks October 18, 2007 Korea and stateside. After leaving the Army, lence that interfere with meaningful relation- authority to implement pollution control pro- Mr. Thompson joined the Naval Investigative ships and a positive sense of self. Hazel now grams. The act brought us water quality stand- Service as a special agent in 1976, where he focuses her practice on providing clinical su- ards and made it unlawful for any person to quickly made a name for himself in counter- pervision and coaching to psychiatrists, discharge any pollutant into navigable waters intelligence. He was selected to head counter- nurses, other clinical social workers, and case at any time. intelligence operations for the Navy in 1984, managers. My home State of Oregon has worked hard and was awarded the National Intelligence Though Hazel remained true to her trade, to do its part in solving its water pollution Medal of Achievement in December 1990. she never lost her passion for music. She problems, and no city has done more to ad- In 1994, Mr. Thompson was detailed to the found time to keep active in a variety of musi- vance innovative strategies to mitigate storm National Security Council, where he helped cal interests. She has served choirs as their water run-off pollution than Portland, Oregon. build the foundation of U.S. counterintelligence directress and accompanist for more than 25 Run-off is a serious threat to our water quality. strategy. His contributions to this effort perma- years in New York City, Richmond, Virginia, In fact, runoff from roads is responsible for 80 nently improved this Nation’s efforts in com- and Raleigh, North Carolina. In New York, she percent of the degradation of the Nation’s sur- bating terrorism. During a later tenure as Act- was employed as a music instructor at Bed- face water. ing Director of the National Counterintelligence ford Stuyvesant’s Junior High School 35. She Portland has been making an extraordinary Center, Mr. Thompson was entrusted with per- also served for a number of years on the fac- investment toward a comprehensive forming several high-profile damage assess- ulty of the Hampton Ministers’ Conference and Greenstreets Implementation Program that will ments on the impact of espionage and secu- Organist and Musicians Guild and most re- reduce impervious surfaces, treat and filter rity breaches of the highest order of impor- cently as Directress of the Adult Choir at storm water at its source, reduce demands on tance to the U.S. government. His exemplary Christian Faith Baptist Church from which she the city’s collection system, support regulatory service was recognized with the National Intel- is now retiring. compliance and enhance watershed health. In ligence Distinguished Service Medal, the high- Madam Speaker, I would like to recognize short, greenstreets filter storm water before est award bestowed by the U.S. Intelligence the impressive achievements of Hazel Baldwin the water soaks into the ground, pours into a Community, in November 2001. Forbes and her commitment as a social work- river or ends up in the sewer system. The city In retirement, Mr. Thompson looks forward er and a gifted musician. I also want to thank of Portland estimates that its green street to traveling with his wife, Betty Ann, and en- and applaud Mrs. Forbes for sharing that gift projects reduce pollution in runoff by up to 90 joying the outdoors with his family. His son, with the rest of us. percent. Greenstreets also save money for sewer Robert, is currently on his second tour with the Madam Speaker, I urge my colleagues to ratepayers and taxpayers. According to the Virginia National Guard in the Middle East. join me in paying tribute to this wonderful, car- city of Portland, traditional pipe and I am proud to call attention to Mr. Thomp- ing and talented woman. stormwater disposal systems can cost up to son’s dedication. I congratulate Mr. Thompson f on his exceptional performance, leadership, twice as much as green streets. What more and unfailing commitment to his country. The PERSONAL EXPLANATION could you ask for: safe drinking water and contributions he has made to the intelligence clean rivers, at less cost to the taxpayer. Portland is a national leader in this and will community will serve as a strong foundation HON. BRAD SHERMAN continue to be a laboratory for techniques that for future success in the global war on terror OF CALIFORNIA other jurisdictions can use to meet regulations for years to come. IN THE HOUSE OF REPRESENTATIVES of the Clean Water Act. It is through these in- f Thursday, October 18, 2007 novative technologies and techniques that the A TRIBUTE TO MRS. HAZEL Mr. SHERMAN. Madam Speaker, because I Clean Water Act will continue to meet its mis- BALDWIN FORBES was unavoidably detained, I was not able to sion to provide the public with safe, clean vote on passage of H.R. 2102 (rollcall No. drinking water. HON. EDOLPHUS TOWNS 973). Had I been present for the vote, I would f OF NEW YORK have voted ‘‘yea.’’ ON H.R. 3580 IN THE HOUSE OF REPRESENTATIVES f Thursday, October 18, 2007 35TH ANNIVERSARY OF THE HON. DENNIS J. KUCINICH OF OHIO Mr. TOWNS. Madam Speaker, I rise today CLEAN WATER ACT IN THE HOUSE OF REPRESENTATIVES to pay tribute to Mrs. Hazel Baldwin Forbes. Hazel is a native of Lake Waccamaw, North HON. DAVID WU Thursday, October 18, 2007 Carolina and the daughter of Colene M. Bald- OF OREGON Mr. KUCINICH. Madam Speaker, I opposed win Stanley and Prince Baldwin. She showed IN THE HOUSE OF REPRESENTATIVES H.R. 3580, a bill to reauthorize the Prescrip- a genuine interest and aptitude for music at an tion Drug User Fee Act (PDUFA), because it Thursday, October 18, 2007 early age. She first studied piano under the tu- failed to address the fundamental drivers of telage of Mrs. Tabitha Thompson from age Mr. WU. Madam Speaker, I rise today in the high cost of pharmaceuticals, the pharma- seven through high school. At the age of 15, recognition of the 35th anniversary of the ceutical industry’s deplorable safety record, she became solely responsible for directing passing of one of the most important laws in and their lack of accountability. the senior choir at the Little Wheel of Hope this country: the Clean Water Act. The bill ignores the single biggest conflict of Baptist Church in Lake Waccamaw. During The Clean Water Act is a keystone law for interest at the FDA. The pharmaceutical indus- her years as a teen musical prodigy, she was the protection of our Nation’s waters. This law try pays hundreds of millions of dollars every in great demand for performances at wed- ensures water quality for a healthy environ- year to the Food and Drug Administration, dings, funerals, concerts, recitals and as an ment, the vitality of plant and animal species which is tasked with regulating them. The re- accompanist for soloists and vocalists. and most notably, it is fundamental to public sult is that the FDA has a relationship with in- Upon Hazel’s admission to Shaw University, health and our survival. dustry that treats them more like a customer she auditioned and was selected as a pianist Two-thirds of cities in the United States than an entity in need of oversight and evalua- and accompanist for the University Chorale draw their water from rivers, and our health re- tion. A 2002 Government Accountability Office Society under the direction of Professor Harry lies on the health of the rivers. An entire gen- report found that ‘‘Our analysis of FDA data GilSmyth. Holding a double major in English eration has grown up in this country taking for found that a higher percentage of drugs has and Music, she graduated from Shaw Univer- granted the cleanliness of our Nation’s waters. been withdrawn from the market for safety-re- sity with a Bachelor of Arts Degree. She sub- For us, it has been as easy as turning on the lated reasons since PDUFA’s enactment than sequently earned a Master’s of Social Work faucet for a glass of clean, safe drinking prior to the law’s enactment . . .’’ Further- Degree from Virginia Commonwealth Univer- water. And I am confident that without the more, FDA staff morale has declined. The sity in Richmond. Clean Water Act, this would be in jeopardy. GAO found that ‘‘FDA’s attrition rates for most For more than 30 years, Hazel served as a The Clean Water Act, using both regulatory of the scientific occupations involved in its Clinical Social Worker. Her practice includes and non-regulatory tools, has reduced pollu- drug review process are higher than those for work with adolescent girls, families, couples, tion in our waterways. The act established the comparable occupations in other federal public parents and children; individuals living with basic structure for regulating pollutants and health agencies and the remainder of the fed- mental illness, abuse, neglect, fears, and vio- gave the Environmental Protection Agency the eral government.’’ A Consumer Reports poll in

VerDate Aug 31 2005 03:26 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A18OC8.027 E18OCPT1 bajohnson on PROD1PC71 with REMARKS October 18, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2181 April 2007 found that 67% of customers ‘‘are rial, representing indigenous peoples, span- services aiding thousands of Jewish seniors. concerned that much of the FDA’s funding ning the breadth of North America. Its 250,000 Bill and Doris Lippman instilled strong values comes from the drug industry.’’ This bill actu- ethnographic, archaeological, and historic arti- of community, compassion, and service in ally increases the amount the drug companies facts comprise one of the largest nongovern- their children, who in turn have passed those pay to the FDA. To ensure independence, the mental collections of this type. very values onto their children. As a result, drug approval process should be funded by On May 27, 2003, the Southwest Museum three generations of Lippman lineage have Congress. merged with the Autry Museum of Western spent countless hours supporting their syna- Second, the bill passed on a rare oppor- Heritage to create the Autry National Center. gogues, local charitable organizations, and tunity to address ways in which the pharma- Through conservation of the collections, work senior care programs. Though the family ceutical industry makes profits at the expense on rehabilitation of the historic building, and mourns the passing of their tremendous matri- of health. An early version of the bill gave the plans for exhibitions, as well as cultural and arch Doris, they carry on her legacy with re- FDA authority to ban Direct to Consumer ad- educational programming, the Autry National spect and love for her memory. vertising for three years, a practice which has Center is working to secure a vibrant life for In Hebrew, the word commonly referred to repeatedly proven to influence drug use based the Southwest Museum’s next 100 years. I am as the equivalent of the English charity is on reason other than the merits of the drug. pleased to serve as a charter member of The tzedakah. But, as scholars often point out, This bill contained only authority to assess Southwest Society, a newly established group tzedakah goes far beyond the simple concept penalties which pale in comparison to the prof- committed to restoring and revitalizing the of benevolence and generosity; it implies an it to be made from running the ads. Southwest Museum in the vision of its found- act of justice and righteousness. The Lippman Another opportunity lost was to address the er, Charles Lummis. Family has taken this concept even further, failure of the industry to put out new drugs Through the years I have been fortunate to making the love of giving back to one’s com- that are substantially different from drugs that hold a number of community town hall meet- munity a gift that is passed down from genera- are already on the market, but which are less ings and art competition ceremonies at the tion to generation. profitable because their patent monopolies are Southwest Museum. Each time I visit this site, As the Jewish Home Foundation celebrates running out. Requiring clinical trials to com- I am awestruck by the combination of the the opening of its newest assisted living facility pare new drugs not only to placebos but to ex- buildings’ architecture, the natural oak tree- in River Vale, New Jersey and continues its isting drugs would, for the first time, give a covered hillside, and the display of amazing notable tradition of caring at the facility in clear indication of how useful the proposed artifacts—it really takes me back in time. Rockleigh, I join them in saluting the tremen- drug is. It would also therefore provide a pow- When I go to the Southwest Museum, I find dous public service of the Lippman Family erful incentive for the industry to focus its re- myself slowing down, and taking time to pause whose generosity and support has made the sources on truly innovative drugs instead of and wonder about eras and peoples past. We Foundation’s work possible. spending copiously on marketing to sell more desperately need such historic treasures pre- f profitable but less beneficial drugs. This bill served in our communities and as part of The gives lip service to these head-to-head trials Southwest Society, I am committed to helping TRIBUTE TO LOUIS FINE when it should require them. transform these preeminent historic resources f into premiere cultural and educational destina- HON. BART STUPAK tions for even more Angelenos and visitors OF MICHIGAN IN HONOR OF THE 100TH ANNIVER- alike. IN THE HOUSE OF REPRESENTATIVES SARY OF THE FOUNDING OF THE Madam Speaker, while I opened by high- Thursday, October 18, 2007 SOUTHWEST MUSEUM lighting the Southwest Museum’s century-long service to the world wide community, I want to Mr. STUPAK. Madam Speaker, I rise today HON. XAVIER BECERRA close by recognizing the nearby Northeast Los to pay tribute to a man who, throughout his OF CALIFORNIA Angeles community neighbors’ dedication and life, exhibited leadership and dedication in IN THE HOUSE OF REPRESENTATIVES passion for the Southwest Museum. Many serving the working men and women of the Upper Peninsula and our Nation. On Saturday, Thursday, October 18, 2007 share an intense loyalty and kinship with this historic institution in their neighborhood. the men and women of Michigan’s Upper Pe- Mr. BECERRA. Madam Speaker, it is with They’ve come to the museum as school chil- ninsula will honor Louis Fine by inducting him great pleasure and privilege that I rise today to dren and then shared the displays with their into the Upper Peninsula Labor Hall of Fame. pay tribute to the 100th anniversary of the own children. As these neighbors go about The organized labor movement enjoys a founding of the Southwest Museum in Los An- their daily errands, they gaze up to see the rich and storied history in Michigan’s Upper geles, California. On October 21, 2007, com- Southwest Museum’s Caracol Tower under- Peninsula (U.P.). From the Copper Country munity members and leaders throughout Los standing that this institution is part of their fab- mining strikes of 1913, which were immor- Angeles will gather at the Southwest Museum ric of life. I know that many of these neighbors talized in Woody Gutherie’s 1913 Massacre, to to celebrate the institution’s 100 years of serv- will be joining in this Sunday’s celebration of the modern day, working men and women ice, historical significance, and role as an edu- the Southwest Museum’s 100-year anniver- across the U.P. have a proud heritage of trade cational pillar in the worldwide community. sary, and I also wish to salute them for their unionism. Likewise, throughout his life, Louis The Southwest Museum is the second old- steadfast loyalty in seeking to preserve their Fine exemplified that rich tradition, generously est museum west of the Mississippi River, and wonderful neighbor. donating his personal time and effort to his the first museum in Los Angeles. Initially lo- local Union and to the Labor movement. f cated in the Hamburger Building at Eighth A member of the United Brotherhood of Street and Broadway in downtown Los Ange- IN HONOR OF THE LIPPMAN FAM- Carpenters and Joiners Local 598, Louis de- les, the Southwest Museum moved into its his- ILY’S PUBLIC SERVICE TO veloped a reputation as someone always will- toric home above the Arroyo Seco in 1914, NORTH JERSEY’S SENIOR CITI- ing to go the extra mile and take on additional opening its doors to the public in August of ZENS duties in support of his local union. Through- that year. The beautiful Mission/Spanish Colo- out his lifetime of union involvement, he nial Revival style building, designed by Sum- HON. SCOTT GARRETT served his union in many different capacities. ner Hunt and Silas Bums, has stood as a cul- OF NEW JERSEY He served as an Apprentice Instructor for car- tural and educational landmark and destination IN THE HOUSE OF REPRESENTATIVES penters and millwrights during the early in northeast Los Angeles since that time. 1990’s. He was a delegate for his local Union The Southwest Museum was established in Thursday, October 18, 2007 to the Marquette County Labor Council, AFL– 1907 by Charles Lummis and the Southwest Mr. GARRETT of New Jersey. Madam CIO. He also served as Treasurer and distin- Society, who originally conceived it as a mu- Speaker, I rise today to join the Jewish com- guished President of Local 958 for many seum of science, history, and art. By the munity of North Jersey in honoring an extraor- years. 1920s, the mission of the Southwest Museum dinary family that has made giving back a Louis was well respected and greatly loved, had narrowed to study the history and culture multi-generational legacy. not only in the U.P. Labor movement, but in of America’s indigenous peoples. Over the This Sunday, October 21st, the Jewish the greater Marquette community and, indeed, course of time, the Southwest Museum has Home Foundation of North Jersey will honor throughout much of the U.P. Beyond his work assembled one of the world’s largest and most the Lippman Family of New Jersey for their in the labor movement he was a dedicated important collections of Native American mate- intergenerational support for programs and community volunteer. Those who knew him

VerDate Aug 31 2005 03:26 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A18OC8.031 E18OCPT1 bajohnson on PROD1PC71 with REMARKS E2182 CONGRESSIONAL RECORD — Extensions of Remarks October 18, 2007 best describe how he was always willing to The Department of Justice, until the past few workforce but the U.S. worker should not be give of himself to help others, never asking or years, has not been prosecuting obscenity and the compromise. expecting recognition for his selfless acts. Not child pornography cases. Let us protect the American worker and not only did he regularly volunteer for Labor The Parents’ Empowerment Act is very sim- compromise the safety and well-being of our causes and programs, but he often made time ple. It allows the parent or legal guardian of a children and families. to help programs for the disadvantaged and minor to sue, in a district court, any person f other charitable causes. who knowingly sells or distributes a product HONORING THE TOP DOG ALUMNI Perhaps one of Louis’ greatest accomplish- that contains material that is harmful to minors ments for the Labor movement was the revival that: of the Upper Peninsula Labor Day picnic, pa- I . A reasonable person would expect a sub- HON. GEORGE RADANOVICH rade and program in the early 1990s. Louis is stantial number of minors be exposed to the OF CALIFORNIA widely recognized as the driving force that material and; IN THE HOUSE OF REPRESENTATIVES helped to reinvigorate this annual celebration, 2. As a result of exposure to such material, Thursday, October 18, 2007 which means so much to the working men and the minor in question suffers personal injury, Mr. RADANOVICH. Madam Speaker, I rise women of the U.P. or injury to their mental or moral welfare. today to congratulate all of the Top Dog After a lifetime of hard work, Louis Fine If the minor is the prevailing party, they will Award recipients from California State Univer- passed away in 2003. He is survived by his be awarded a minimum of $10,000 for each sity, Fresno. loving wife of many years, Betty. instance of damaging material. In addition, the The Top Dog Awards is a great tradition for Madam Speaker, one of the titans of the court can order the minor’s attorney fees to be CSU Fresno. It allows the University to honor American Labor movement, the head of the covered and punitive damages to be awarded. alumni that continue to give back to the Uni- American Federation of Labor Samuel Gom- This bill establishes a new and appropriate versity. There are three award categories; Dis- pers once called Labor Day, ‘‘[T]he day for test for what is obscene for a minor. Currently, tinguished Alumnus Award, Outstanding Alum- which the toilers in past centuries looked for- the United States Supreme Court utilizes the ni Awards and the Arthur Safstrom Service ward when their rights and their wrongs would ‘‘Miller Test’’ to determine if material can be Award. be discussed . . . that the workers of our day labeled obscene and not protected by the First The Distinguished Alumnus Award is the may not only lay down their tools of labor fore Amendment. The Parents’ Empowerment Act highest honor given to an alumna of the Uni- a holiday, but upon which they may touch builds upon the same test, but, in the case of versity. The award is based on scholarship, shoulders in marching phalanx and feel the minors, modifies the ‘‘third prong’’ of the test leadership and service to CSU Fresno, the stronger for it. by requiring any material to ‘‘lack serious lit- San Joaquin Valley and the State of Cali- Every year, as the working men and women erary, artistic, political and scientific value for fornia. It has been established to provide spe- of the U.P. march shoulder to shoulder, we re- minors sufficient to overcome the pernicious cial recognition to an individual who has distin- member and honor the sacrifices of our prede- effect of that material.’’ In other words, what is guished themselves through outstanding cessors in the Labor movement. Henceforth, obscene for an adult is entirely different than achievement during their post-collegiate ca- every Labor Day, as we remember our ances- what should be considered obscene for a reer. The University President and the Alumni tors of the Labor movement, the working men minor and, as a result, should be treated as Association present the award. and women of the U.P. will remember Mr. such. For 2007 the Distinguished Alumnus Award Louis Fine for bringing back the hallowed tra- Madam Speaker, this legislation is a step in is being awarded to Larry Dickenson, class of dition of the annual U.P. Labor Day picnic and the right direction in providing parents with the 1965. Mr. Dickenson is Boeing Company’s parade. resources they need for what is their number Commercial Airplanes Group Senior Vice Madam Speaker, since 1993, outstanding one priority, protecting their kids. I am proud President of Sales. He was raised in Bakers- labor leaders in northern Michigan have been to once again introduce the Parents’ Em- field, California and graduated from CSU Fres- honored with induction into the Upper Penin- powerment Act and request my colleagues no with a Bachelor’s Degree in Business Ad- sula Labor Hall of Fame. The Hall of Fame is give this important legislation their utmost con- ministration. From there he has worked with housed in the Superior Dome on the campus sideration. McDonnell Douglas Corporation, Texas Air of Northern Michigan University in Marquette. f Corporation and began his career with Boeing Louis Fine is a deserving addition to this au- in 1986 as the Vice President of Asia/Pacific gust group and, I salute his memory. I would MEXICAN TRUCKS ON AMERICAN for the Commercial Airplanes Group. Mr. ask, Madam Speaker, that you and the entire ROADS Dickenson has won major contracts that have U.S. House of Representatives join me in rec- helped to assure the launch of Boeing’s 787 ognizing his many contributions to the Upper HON. JOE BACA Dreamliner passenger aircraft. He also helped Peninsula Labor movement, his dedication to OF CALIFORNIA Boeing consolidate sales of cargo jets in the all working men and women, and his commit- IN THE HOUSE OF REPRESENTATIVES Pacific Rim market and interest airlines in the ment to the Marquette and Upper Peninsula Thursday, October 18, 2007 company’s more efficient new 747–8 jumbo community. jetliners. Mr. Dickenson was named as one of f Mr. BACA. Madam Speaker, I want to thank ‘‘World Trade’s 25 Most Influential U.S. Global Congressman TIM RYAN and others for orga- Visionaries’’ in the June 1997 issue of World INTRODUCTION OF THE PARENTS’ nizing a special order to discuss the dangers Trade magazine, and was featured in Inves- EMPOWERMENT ACT of allowing Mexican trucks on American roads. tor’s Business Daily in the ‘‘Leaders and Suc- I rise today because I am concerned that al- cess’’ column. With all of this success, Mr. HON. DUNCAN HUNTER lowing Mexican trucks open access to Amer- Dickenson still finds the time to be active in OF CALIFORNIA ican roads will threaten American wages and service to CSU Fresno by serving on several IN THE HOUSE OF REPRESENTATIVES the safety on our highways. boards, including the National Board of Visi- There is no question that foreign competi- Thursday, October 18, 2007 tors. tion from lower paid Mexican drivers will com- The Outstanding Alumni Awards recognizes Mr. HUNTER. Madam Speaker, today I am promise the hard and dedicated fight by Amer- a CSU Fresno alumna for outstanding accom- reintroducing a bill that is of extreme impor- ican workers. plishments in their field and to present such tance to our nation’s parents and the future American workers deserve fair wages for alumni to current CSU Fresno students as ex- protection of their children: the Parents’ Em- their hard work and Mexican workers should amples of exceptional achievement. The powerment Act. As we all know, millions of not be exploited either. Alumni Association works in conjunction with children access the Internet and other inter- There are concerns about safety including the deans of CSU Fresno’s eight schools/col- active entertainment products each and every whether Mexican trucks are safe and what al- leges, as well as the dean of student affairs day. As this number increases, more and lowing them on U.S. highways would do. and the athletic director to identify and select more of our nation’s children are unexpectedly There is no question that road safety and candidates for the awards. and tragically exposed to pornography and vehicle standards in Mexico are not the same This year there are fourteen Outstanding other indecent material. According to a study as what we require in the United States of Alumni Awards from the various schools, col- by Grunwald and Associates, 25 percent of America. leges and divisions. The honorees are: American children have had at least one un- I believe that both the United States and Rod Kraft (class of 1977) from the Athletics wanted experience with on-line pornography. Mexico should have a strong and healthy Department, football. Mr. Kraft is a family and

VerDate Aug 31 2005 03:26 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A18OC8.035 E18OCPT1 bajohnson on PROD1PC71 with REMARKS October 18, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2183 sports medicine physician, practicing in Fres- IN RECOGNITION OF THE RETIRE- the West Virginia’s Women Commission in no. He has assisted CSU Fresno student-ath- MENT OF DR. BETTY CLECKLEY 2003 and the ‘‘Betty Jane Cleckley Minority letes for numerous years. AND HER YEARS OF SERVICE TO Research Award’’ which was established by MARSHALL UNIVERSITY the American Public Health Association and Ernest A. Bedrosian (class of 1955), Krikor recognizes research on minority health issues, Y. Bedrosian (class of 1957) and J. Kenneth particularly among the elderly. Bedrosian (class of 1967) from the College of HON. NICK J. RAHALL II OF WEST VIRGINIA In her poem, ‘‘Still I Rise’’, poet and educa- Agricultural Sciences and Technology. The IN THE HOUSE OF REPRESENTATIVES tor Maya Angelou writes: brothers are partners and leaders in the raisin Thursday, October 18, 2007 Just like moons and like suns, industry. With the certainty of tides, John E. Horstmann (class of 1958) from the Mr. RAHALL. Madam Speaker, I rise today Just like hopes springing high, to recognize Dr. Betty Cleckley, a dedicated Still I’ll rise. Craig School of Business. Mr. Horstmann is educator for her 17 years of service and lead- president of Horstmann Financial and Insur- Time and again, Dr. Betty Cleckley has ership to Marshall University. She has been at proven her ability to rise up and take on new ance Services in Fresno. He has been an Marshall since 1989 when she accepted the challenges. Her time at Marshall has left an in- agent of New York Life Insurance Company new position of Vice President for Multicultural delible footprint and a legacy that will be a for almost fifty years. Affairs in Huntington, West Virginia. For her hard act to follow. I wish Dr. Cleckley my best James Finley (class of 1974) from the Divi- years of service to the students, faculty and in all of her future endeavors and know that sion of Graduate Studies. Mr. Finley works the staff of Marshall University and the community whatever new tasks she decides to take on, U.S. Department of Defense as the deputy un- of Huntington I offer my deepest thanks and she will as always rise to the challenge. dersecretary for acquisition and technology. gratitude. f A native West Virginian, Dr. Cleckley grad- Larry Powell (class of 1971) from the uated from Douglass High School before PERSONAL EXPLANATION Kremen School of Education and Human De- going on to earn a Bachelor of Science development. Mr. Powell was elected to the gree from Marquette University, a Master of HON. DORIS O. MATSUI Fresno County Superintendent of Schools is Social Science degree from Smith College, A OF CALIFORNIA 2006 and has also served on numerous advi- Ph.D. degree from Brandeis University and a IN THE HOUSE OF REPRESENTATIVES sory boards for CSU Fresno. post doctoral certificate in Higher Education Management from Harvard University. Thursday, October 18, 2007 Charles ‘‘Frank’’ Markarian (class of 1962) Before working at Marshall, Dr. Cleckley Ms. MATSUI. Madam Speaker, I was un- from the College of Engineering. Mr. held a number of administrative and teaching avoidably detained on Wednesday afternoon, Markarian has worked in assessment and de- positions in the health and higher education October 17, 2007 and missed 2 votes. Please velopment of advanced technologies for airfields. She was Associate Dean and Associate note in the appropriate place in the CONGRES- launched weapons. He was awarded the U.S. Professor of the School of Social Work at the SIONAL RECORD that had I been present, I Navy’s highest award for civilian service. University of Tennessee, Knoxville; Assistant would have voted as noted below: Rollcall Dr. Bette Rusk Keltner (class of 1972 and Vice President of Academic Affairs, Interim vote 979 nay; Rollcall vote 980 yea. 1974) from the College of Health and Human Vice President of Institutional Advancement f and Executive Assistant to the President and Services. Dr. Keltner is the Dean of the Coordinator of Meharry’s Centers of Excel- A MAN OF HONOR, A LIFE OF School of Nursing and Health Studies at lence at Meharry Medical College, Nashville, VALOR (CAPTAIN RICHARD Georgetown University. Tennessee. She also served as the Director of MACON) Dr. Marlene Dong Wong (class of 1969) the Black College Initiative at the Agency on from the Henry Madden Library. Dr. Wong is Alcohol, Drug Abuse, and Mental Health Ad- HON. JOHN CONYERS, JR. the Director of Crisis Counseling and Interven- ministration in Washington, DC. OF MICHIGAN tion Services for the Los Angeles Unified In 1989, when Dr. Cleckley returned to Hun- IN THE HOUSE OF REPRESENTATIVES tington, she did so with dreams of making a School District and is considered to be an ex- Thursday, October 18, 2007 difference in her hometown community. The pert on school safety programs. Harmony Institute at Marshall University was Mr. CONYERS. Madam Speaker, I rise Dr. Joan Otomo-Corgel (class of 1972) from one of the many dreams she was able to real- today to pay homage to a great American. the College of Science and Mathematics. Dr. ize during her tenure. The institute was con- CPT Richard Macon was not only a hero to Otomo-Corgel is a former CSU trustee who is ceived in 1997 with the mission to actively this country, but an example of how true te- a dentist and a UCLA adjunct professor. She promote an appreciation for human and civil nacity can overcome any obstacle. Richard serves on the CSU Fresno National Board of rights, social justice and racial harmony Macon, a prestigious Tuskegee Airmen and Visitors. among students, administrators, faculty and one of this country’s most skilled pilots, taught staff, as well as among residents of sur- us that determination and commitment have Steve Magarian (class of 1972 and 1974) rounding communities so that they may have the ability to help one achieve his/her dreams. from the College of Social Sciences. Mr. a global impact on achieving racial equality in Captain Macon also taught us that even the Magarian is a former Fresno County sheriff. this rapidly changing multicultural society. ugly head of discrimination and institutional Gerald Tahajian (class of 1963) from the Di- Over the years, the Harmony Institute has racism cannot suppress the enduring Amer- vision of Student Affairs. Mr. Tahajian was a continued to fulfill that multicultural mission ican spirit which keeps this country a leader in CSU Fresno student body president and is through community engagement and scholarly the world. now a prominent lawyer. developments. Macon, with a bachelor’s degree in mathe- During her time at Marshall, she has been matics, joined the Army Air Forces in 1943 The third award, the Arthur Safstrom Serv- an active member of the community and has and graduated from the segregated flying ice Award, is awarded to an alumna or friend been honored many times over for her hard school for black airmen at Tuskegee, AL, to of CSU Fresno who has given outstanding work and dedication. Dr. Cleckley served on become a fighter pilot. Lt. Macon served as a service to the Alumni Association and/or the the State of West Virginia Human Rights Com- replacement pilot with the 99th Fighter Squad- University. This year the award is presented to mission and currently serves on the Martin Lu- ron and had 16 successful missions to his Rosellen Kershaw (class of 1947), whose vol- ther King, Jr. State of West Virginia Holiday credit. On August 12, 1944, he was strafing unteer services and financial support has ben- Commission, Cabell Huntington Hospital Foun- ground targets over southern France when his efited numerous community organizations, in- dation and the Center for Aging and Health P–51 Mustang was hit by ground fire while es- cluding the University. Care in West Virginia, Ins. She is also a life corting bombers over a German radar station. member of the National Association for the His plane was flipped upside down at treetop Madam Speaker, I rise today to commend Advancement of Colored People. level and the right wing separated. Macon and congratulate all of the Top Dog Award re- Some of the many honors she has received learned that his plane had crashed into a cipients for their individual contributions. I in- are: ‘‘The WV Civil Rights Award’’ from the building used by the Germans as a head- vite my colleagues to join me in wishing the Governor of West Virginia in 2003, the ‘‘Cele- quarters, killing 40 German officers and sol- honorees many years of continual success. brate Women Award in Education’’ award by diers. Macon’s neck was broken and the lower

VerDate Aug 31 2005 03:26 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A18OC8.040 E18OCPT1 bajohnson on PROD1PC71 with REMARKS E2184 CONGRESSIONAL RECORD — Extensions of Remarks October 18, 2007 part of his body was temporarily paralyzed. the event of natural disasters, forest fires, and baby brother’s miraculous recovery, the Baby Narrowly missing being shot by a firing squad, other emergencies. Otter Swim School in Fort Lauderdale pre- he became a war prisoner for more than 9 My family and I have a history fighting fires sented the family with a gift package of free months. Captain Macon is quoted as saying, in the area. My father, Owen, was an Assist- swim lessons and two water safety DVD’s. ‘‘It was the greatest feeling in the world, see- ant Chief for the Bakersfield Fire Department. The surviving toddler is no longer afraid of the ing them tear down the swastika and raising My uncle, Tom, was the Chief of the Kern water and loves to swim. the stars and stripes.’’ That feeling was tem- County Fire Department. Like my uncle, I also Unfortunately, not every story has a happy pered when he returned home on a troop ship worked for the Kern County Fire Department ending. The Center for Disease Control esti- at Boston Harbor. There he was greeted by as a Seasonal Firefighter. mates that nine people die every day due to the grim reality that African Americans still had For well over a century, the City of Bakers- unintentional drowning. It is the second lead- a long way to go. At the end of the gangplank field Fire Department has been fighting the ing cause of death for children ages one to were two directional signs: white go this way area’s fires, earning these firefighter profes- fourteen, and in California, Arizona and Flor- and colored go this way,’’ he said. ‘‘Uh huh, sionals the respect and admiration of a grate- ida, it is the number one cause of death in the war is just starting.’’ Captain Macon’s ful community. It is a singular person who children under five. decorations include the Air Medal, Presidential races into burning buildings at risk of life and The importance of drowning prevention and Citation and Purple Heart. He retired with the limb to save the lives of fellow human beings, swimming pool safety cannot be emphasized rank of Captain. and to drive with sirens wailing towards dis- enough. We must all work together to dramati- Macon’s life itself is a lesson in how to suc- aster areas to provide vital emergency and re- cally lower the drowning statistics in the ceed but Richard Macon’s desire to teach oth- covery services, when others are evacuating. United States and around the world. Jazmyne ers led him to acquire a master’s degree and Congressman COSTA and I are fortunate that Robinson is an example that no one is too join the ranks of public education, teaching at the City that we both represent is protected by young or too small to benefit from pool safety the high school level at Northern High School our brave firefighters. The Bakersfield Fire De- and drowning education. Her heroic efforts and progressing to the level of principal and partment, through the service of its current were rewarded with a medal of honor from the personnel administration in his later years. He and former employees, has exemplified dedi- Baby Otter Swim School at a ceremony with was a truly caring person who enjoyed helping cation to service in the Bakersfield area for the the Pembroke Pines Mayor and Broward others and believed in education as a means past 130 years. I am honored to recognize the County Commissioners. Last week, the House of Representatives of bettering oneself. We will remember him as Bakersfield Fire Department’s 130th Anniver- passed H.R. 1721, The Virginia Graeme Baker an officer, a gentleman, a teacher, and a lead- sary. Pool and Spa Safety Act, a bill that I spon- er amongst men of greatness. f sored which seeks to prevent incidents like the f PERSONAL EXPLANATION one that would have taken the life of RECOGNIZING THE 130TH ANNIVER- Jazmyne’s brother had it not been for her her- SARY OF THE CITY OF BAKERS- HON. EDDIE BERNICE JOHNSON oism. Our nation is touched by Jazmyne’s FIELD FIRE DEPARTMENT courage and fast action. OF TEXAS f HON. KEVIN McCARTHY IN THE HOUSE OF REPRESENTATIVES Thursday, October 18, 2007 THE U.S. INSTITUTE OF PEACE, OF CALIFORNIA USIP IN THE HOUSE OF REPRESENTATIVES Ms. EDDIE BERNICE JOHNSON of Texas. Madam Speaker, due to the death of my Thursday, October 18, 2007 HON. JAY INSLEE mother, I was unable to be present for rollcall OF WASHINGTON Mr. MCCARTHY of California. Madam votes 961–979 on Monday, October 5 through IN THE HOUSE OF REPRESENTATIVES Speaker, I along with my colleague Congress- Thursday, October 18, 2007. I would like the man COSTA, would like to recognize the City of RECORD to reflect that had I been present, I Thursday, October 18, 2007 Bakersfield Fire Department on 130 years of would have voted in the following manner: Mr. INSLEE. Madam Speaker, 40 years excellent service to the residents of Bakers- ‘‘Yea’’ on rollcall votes 961, 962, 963, 964, ago, U.S. Senator Vance Hartke envisioned field, Kern County, and the surrounding area 965, 966, 967, 968, 969, 970, 971, 973, 974, the creation of the U.S. Institute of Peace, in the Central Valley of California. Congress- 975, 976, 977, 978, 980, 981, 982; and USIP. Now, the realization of his dream is tak- man COSTA and I both represent the City of ‘‘Nay’’ on rollcall votes 972, 979. ing shape. We have broken ground on a new Bakersfield and are extremely supportive and f building to house the USIP on the consecrated proud of the Bakersfield Fire Department. ground of the National Mall in the Nation’s In 1868, Colonel Thomas Baker moved into IN HONOR OF A YOUNG HERO, capital between the Lincoln Memorial and the the Central Valley and settled near the JAZMYNE ROBINSON Kennedy Center. Senator Hartke’s dream truly present-day intersection of Truxtun Avenue is a manifestation of the most ancient and and R Street. Recognized as a good neighbor, HON. DEBBIE WASSERMAN SCHULTZ ageless dream of humanity—enduring peace Colonel Baker would help people fight fires OF FLORIDA on earth. ‘‘I have the unshakeable conviction,’’ using buckets, a hand-drawn hook and ladder IN THE HOUSE OF REPRESENTATIVES Senator Hartke declared when he introduced truck, and several hand-drawn two wheeled Thursday, October 18, 2007 the legislation, ‘‘that we will have it within our hose carts. power and capacity not only to end the Viet- In 1877, the City of Bakersfield Fire Depart- Ms. WASSERMAN SCHULTZ. Madam nam War, but the syndrome of war itself.’’ ment was officially formed, relying first on Speaker, I rise today in recognition of a spe- This center is not the only mark on democ- hand-drawn and eventually on horse-drawn cial young hero in my district. racy he has left behind. His son Jan continues carts. Today, the Bakersfield Fire Department Jazmyne Robinson is only nine years old, to help shape the country in the finest tradition consists of 13 fire stations, uses modern yet when she found her two year old brother of his father in many matters, including efforts equipment and has 13 engine companies. The floating face down in the family swimming to stop global warming, itself a threat to long- department employs 183 professionally trained pool, she had the presence of mind to call her term peace. and sworn firefighters and 25 dedicated civil- father for help and then immediately dial 911. The USIP will not be a monument to an in- ians. In fact, the Central Fire Station, which Keeping her composure, she gave her ad- dividual nor a memorial to a significant event was constructed in 1939, is still in operation dress to the operator and remained on the in our Nation’s past; instead, it will be a build- today. phone until help arrived. ing dedicated to an idea and the future of all What started in 1877 as a group of resi- The unconscious two year old was rushed people. It will be a working building where dents who wanted to keep their developing to Joe DiMaggio Children’s Hospital at Memo- scholars with different disciplines can sift town safe from fires is now a professional, dis- rial Regional Hospital in Hollywood, where he through the dynamics of war and peace and ciplined, and elite force that serves and pro- made a full recovery after one month in a gain insights that can help America and the tects more than 300,000 people and has a pri- coma. world avoid unnecessary or accidental con- mary jurisdiction of more than 83,000 acres. In It is important that Jazmyne is recognized flicts and wars. With its large auditorium, it will addition to its primary responsibilities in Ba- not only for her heroism, but so that her life- be a place where heads of state from many kersfield, the Fire Department also provides saving actions can set an example for others. different lands and cultures will be able to ad- support services to neighboring jurisdictions in Touched by Jazmyne’s heroic deed, and her dress their own strategies for peace. Most of

VerDate Aug 31 2005 03:26 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A18OC8.044 E18OCPT1 bajohnson on PROD1PC71 with REMARKS October 18, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2185 all, it will be a place that illuminates and ad- Prior to his Presidency at the University of skills of a seasoned member of the Civil Air vances the greatest ideal of all. For without North Texas Health Science Center, Dr. Ran- Patrol. peace, all our other cherished causes and val- som served as the executive director of the On June 15, 2007, Daniel successfully com- ues cannot prevail. Program for Healthcare Improvement and pleted the Carl A. Spaatz Exam, the final The idea for the USIP arose during the Viet- Leadership Development at the University of stage of a long and grueling journey through nam war, when Senator Hartke had just bro- Michigan at Ann Arbor. He was also director sixteen rigorous skill tests. Having overcome ken with his close friend, President Johnson. of Women’s Health and Gynecology at the this final obstacle, he now joins the ranks of Even though Senator Hartke opposed the war Ann Arbor VA Medical Center. Dr. Ransom the Civil Air Patrol’s best and brightest, a re- because he believed it was morally indefen- has served as the Senior Vice President and cipient of the General Carl A. Spaatz Award sible and financially antithetical to the goals of Senior Quality Officer at the Detroit Medical for outstanding cadets. the Great Society, President Johnson inter- Center, as well as the Medical Director and Daniel, today I join with your family and preted dissent as disloyalty to him and his ad- OB/GYN Head at the Henry Ford Health Sys- friends in offering my congratulations for this ministration. At that point, Senator Hartke real- tem in Detroit. well deserved honor. You’ve made us all ized that something was missing in the Na- Since 2003, Dr. Ransom has led research proud. tion’s decision-making apparatus on the great and consulting teams that focus on improving Finally, Daniel, I want to challenge you to issues of war and peace. Senator Hartke’s health care delivery, women’s health, leader- maintain the dedication and commitment that son Jan remembers, ‘‘Late at night, Dad would ship development and performance improve- has taken you so far already. Although the be sitting in his chair, reading stacks of books ments. He has also led research in health dis- road ahead of you surely contains many more about the causes of past wars. He was ap- parities, including infant mortality, an issue challenges, you have shown that you can and palled at how many wars could have been that is very important to my district. will overcome each obstacle as you pursue avoided, reduced in their severity or short- His efforts have garnered significant funding your dreams. ened. He concluded that America needed a from reputable organizations such as the Na- Madam Speaker and distinguished col- non-partisan voice with analytical depth and tional Institutes of Health and the National leagues, please join me in congratulating institutional heft whose sold mandate was to Science Foundation. Cadet Colonel Daniel Roman, recipient of the make the case for peace, especially when the Dr. Ransom has a master of business asso- Civil Air Patrol General Carl A. Spaatz Award. drums of war beat the loudest.’’ Senator ciation degree from the University of Michigan f Hartke saw the USIP as a trusted, convincing at Ann Arbor, and a doctor of osteopathic WDAS-AM: A PIONEERING AFRICAN and unequivocal voice for peace that could medicine degree from the University of Health AMERICAN VOICE IN PHILADEL- speak to the President, the Congress and the Sciences’ College of Osteopathic Medicine in PHIA, PA people. Kansas City. He is involved with such organi- Senator Hartke knew the terrible costs of zations as the American College of Healthcare war, having served with both his brothers in Executives, the American College of Physician HON. CHAKA FATTAH WWII. He passed legislation to create the Vet- Executives, the American College of Sur- OF PENNSYLVANIA erans’ Affairs Committee in the U.S. Senate. geons, and the American College of Obstetrics IN THE HOUSE OF REPRESENTATIVES He wrote the law to establish the Business and Gynecology. He has published over 100 Thursday, October 18, 2007 People’s Peace Corps and the International articles and seven books related to clinical im- Executive Service Corps, to address the root provement. Mr. FATTAH. Madam Speaker, I rise today causes of war. Along with USIP, he also intro- The North Texas region is truly fortunate to to recognize and memorialize WDAS-AM, a duced legislation to create a cabinet-level De- have the type of dedicated medical profes- pioneering radio station in Philadelphia, Penn- partment of Peace. sional that Dr. Scott Ransom personifies, and sylvania, for its extraordinary and historic acts Senator Hartke’s challenging and prophetic I wish him every success during his tenure as of cultural, spiritual and political bravery. This words still ring true today, ‘‘The attainment of president at the University of North Texas organization has stood for the causes of free- a just and lasting peace will be the supreme Health Science Center. dom and justice in helping secure the civic and human rights of African Americans and moral achievement of civilization. Yet it will not f be won by the cynics or the naysayers, nor by deserves the recognition and thanks of this those who are afraid of ridicule for being per- HONORING CADET COLONEL body. The momentous victories of the civil ceived as soft or utopian, nor by those lacking DANIEL ROMAN rights and protest movements, aided by infinite patience or resolve. The victory of WDAS, led the United States on a new path world peace will be won by those hearts and HON. PETER J. ROSKAM recognizing the human dignity of all people and sparking the modern movements for the minds that never give up on the noblest quest OF ILLINOIS rights of women, Native Americans, Hispanics of them all. For in the end, it is the dreamer IN THE HOUSE OF REPRESENTATIVES and other historically disenfranchised people. who is the greatest realist.’’ Thursday, October 18, 2007 Senator Hartke’s dedication to peace was Although WDAS in its historic role is effec- recognized widely. His widow, Martha, recalls, Mr. ROSKAM. Madam Speaker, it is my tively gone, the station’s phenomenal impact ‘‘After Vance passed away in 2003, his friend great pleasure to rise today to recognize an on my hometown and our nation is a story that President Clinton called my son and told him, outstanding young man from my Congres- should be told. I am sharing, for the record, a ‘When I came to work in the Senate as a sional District, Cadet Colonel Daniel Roman, letter I received from Wynne Alexander, a young man, I saw your father as a shining star for his remarkable achievements as a member Philadelphian who is both a historian of WDAS because of his principled opposition to the of the Civil Air Patrol. and the daughter of a station co-founder. I be- Vietnam War.’’’ Through the work of the U.S. In just a few days, Daniel will be presented lieve her words are helpful in understanding Institute of Peace, Senator Hartke’s star need with the General Carl A. Spaatz Award. The this remarkable story. not fade, but will continue to shed light on the Spaatz Award is the Civil Air Patrol’s highest In 1951, Dr. Max M. Leon and Bob Klein un- path to peace. cadet honor, presented to cadets who dem- dertook a revolutionary endeavor, insti- onstrate extraordinary leadership, character, tuting one of the nation’s first Black Radio f fitness, and aerospace knowledge. For every stations, WDAS–AM of Philadelphia, Penn- CONGRATULATING DR. SCOTT sylvania. This industry-leading broadcast fa- one thousand cadets, only two are selected cility had a galvanizing social impact in our RANSOM for this distinct honor. state, and in fact, across this country. This Daniel first joined the Civil Air Patrol in July was not just a radio station, it was a cultural HON. MICHAEL C. BURGESS 2000. From his first moments in Fox Valley institution bringing its listeners aspects of OF TEXAS Composite Squadron IL–274, Daniel has ex- every known societal necessity from award winning news coverage, to the finest musical IN THE HOUSE OF REPRESENTATIVES hibited a true love of flying. His hard work and commitment paid off as he was chosen to at- programming, to governmental and religious Thursday, October 18, 2007 tend Officer Training School in Wisconsin and affairs. Thanks to their pioneering actions, station Mr. BURGESS. Madam Speaker, I rise Air Education Training Command at Laughlin WDAS–AM was eventually joined by other today to congratulate Dr. Scott Ransom for Air Force Base in Texas. Throughout his time such stations. But none was ever more effec- becoming the fifth president of the University in the Civil Air Patrol, Daniel has set an exam- tive in standing for justice and encouraging of North Texas Health Science Center in Fort ple for others. For over 7 years, he committed enlightenment both locally and nationally. Worth, Texas in August of 2006. himself fully to learning and developing the Because of its unique position and timing,

VerDate Aug 31 2005 03:26 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A18OC8.048 E18OCPT1 bajohnson on PROD1PC71 with REMARKS E2186 CONGRESSIONAL RECORD — Extensions of Remarks October 18, 2007 its contributions to the causes of freedom Demonstrating its enormous cultural the first show on the East Coast: The Listen- and justice make WDAS–AM the premiere awareness and forward thinking, WDAS also ing Post, with Joe Rainey. Black station in the history of this country. made a broadcast home for Malcolm X. Very WDAS charities raised and distributed Dr. Leon and Mr. Klein did not do this in few, if any stations can make that claim and hundreds of thousands of pre-1980 dollars to a time of peace and prosperity. It was a time almost none of them welcomed both Dr. King thousands of people in the tri-state area, of dangerous social upheaval. The realities of and Malcolm X, during their lifetimes. year after year. Jim Crow America were still very much alive WDAS also celebrated a resounding victory WDAS also contributed to the enormous in 1951, including racially motivated murders against racism when it supported and popularity of Rhythm and Blues music and of social progressives, lynchings, segregated partnered with Cecil Moore, Esq. in his vic- helped elevate African American R & B art- schools, housing, public transportation, torious effort to integrate Girard College. ists. At a time when Black artists could not drinking fountains, and certainly the major- This move was first advocated years earlier get their records played on White radio sta- ity of White shop owners did not want Black on the station’s airwaves by revered Phila- tions, at a time when Black radio talent people shopping in their stores. This was the delphia Common Pleas Court Judge Ray- could not get hired at White stations, at a climate in which Leon and Klein found them- mond Pace Alexander. time when Black artists were being paid as selves having to change the minds of White, For decades, WDAS was instrumental in little as one tenth of what White artists were retail America, showing them and Madison leading, supporting and encouraging the var- making, at a time when Black artists could Avenue the humanity, strength and beauty ious consciousness-raising and financial boy- not walk through the lobbies of the clubs in of the Black community. In their everyday cotts to curtail United States business in- which they were appearing, WDAS forged an actions, these two White men finessed, volvement in South Africa until that govern- atmosphere of respect and reverence, cre- asked, implored and when necessary de- ment effectively fell, ending its racist poli- ating quality showcasing for what was des- manded that the rest of White Philadelphia cies. tined to become one of this country’s great- and White America respect the Black com- Years earlier, WDAS was also the spear- est musical contributions to the world. The munity the way they did. What Max Leon head when Rev. Dr. Leon Sullivan launched list of R & B stars helped by WDAS is hun- did in allowing his young son-in-law to make his boycott against the Greyhound Bus Com- dreds of names long. The music history this stand was an extraordinary act of cour- pany in Philadelphia. Together they were books note WDAS was the first in the coun- age and should go down as one of the great- successful in racially integrating the staff of try to play records by Sam Cooke, Aretha est leaps of faith in the history of American drivers and personnel. Franklin, The Beatles, Marvin Gaye, Buddy Business. Rev. Sullivan and the Zion Baptist Church Holly, The Jackson 5, Stevie Wonder and WDAS was the only station to stand up for were not alone. From Bright Hope Baptist to Will Smith. WDAS also created jobs and re- the rights of minority broadcasters, success- the Church of the Advocate and many more spect for Black talent in every phase of fully suing Arbitron Industries, proving they stops in between, the ‘‘overground’’ railroad broadcasting and radio production. Radio re- were racist in their listenership accounting forged by WDAS performed major works of mained a very segregated industry well into methods of America’s minorities. In winning social progress in partnership with the lead- the 1970s. WDAS not only gave opportunities this class action judgment against Arbitron, ers of every major church in Philadelphia to racial minorities, their staff of women on- WDAS paved the way for equality in the and neighboring states as well. Their hands the-air was equally impressive. market place for all minority broadcasters of partnership also extended to any and all of So let us recognize that this outpouring of and with the ensuing enhanced revenues, the smaller churches within that area. caring concern, extraordinary strength, dili- proved to all of corporate America the vital- WDAS held numerous ‘‘radiothons’’ raising gence and humanity brought about profound ity and economic strength of the Black com- money to benefit churches and people in social changes which benefited an entire na- munity. need. One of the most famous of these broad- tion. This magnificent endeavor of ameliora- By the mid 1950s, WDAS had established casts was a House of Umoja-inspired ‘‘life-a- tion allowed us to benefit from the gifts and one of the first and only full service broad- thon’’—a gun surrender program where gang talents of all of our people. Let this cultural cast news departments providing major cov- members and others brought in their weap- institution be remembered for the beacon it erage of every civil rights breakthrough dur- ons and pledged themselves to the principles was, lighting the way in times of need, and ing a historic era in our nation’s history. of non violence. in so doing, inspiring similar visionary ef- The newsroom was packed with cutting edge, WDAS worked with hundreds of national forts for future generations to come. highly talented journalists. WDAS was there and local social activists among them, Dick bringing first hand reporting from Brown v. Gregory and Father Paul Washington help- I thank Ms. Alexander for sharing this story the Topeka Board of Education, Rosa Parks’ ing to calm the city during the days after and commend the work of her father and all refusal to take a back seat, the Montgomery the King assassination. WDAS assisted a fu- of the people involved in the laudable work Bus Boycott, to the Little Rock, Arkansas ture national leader in youth awareness, Sis- done by WDAS–AM in Philadelphia over the riots, the Birmingham Church Bombings, the ter Falaka Fattah of the House of Umoja, years on behalf of our community, country and integration of Alabama University, Dr. who was strategizing and creating revolu- world. While there is certainly more work to be tionary ways of handling troubled young King’s marches on Washington D.C., his win- done, we would not have come this far without ning the Nobel Peace Prize, the passage of people in an extraordinary effort to stop the the Civil Rights Act of 1964 and the Voting frightening gang warfare and fatalities grip- these brave and dedicated souls. Rights Act of 1965. WDAS reporters and radio ping the city in 1969 and ‘70. Partnering with f personalities covered every aspect, from the other exceptionally brave, strong, predomi- marches in the street to the presidential sig- nantly female social activists, WDAS News CONGRATULATING MEREDITH natures at the White House. and the station’s Public Affairs Departments LARSON WDAS was responsible for bringing Dr. helped dramatically cut those gang death King to Philadelphia, forging his alliance statistics through a concerted effort of com- HON. MICHAEL C. BURGESS with NAACP president Cecil Moore, Esq. munity outreach, special news reporting and OF TEXAS WDAS then sponsored a parade down Market social programs. Street in Philadelphia introducing Dr. King WDAS launched an anti-drug campaign in IN THE HOUSE OF REPRESENTATIVES to the city. They also commissioned buses the early 1970s. The highly vaunted ‘‘Help A Thursday, October 18, 2007 taking Freedom Riders to the South and sup- Junkie Bust A Pusher’’ program helped the plied buses to take people to all of Dr. King’s station win one of its 13 Valley Forge Free- Mr. BURGESS. Madam Speaker, I rise marches. WDAS’ unprecedented and innova- dom Foundation Medals. Those medals were today to congratulate Miss Meredith Larson of tive programming efforts are also credited joined by scores of Associated Press Awards Pilot Point, Texas on receiving the award for with keeping Philadelphia calm in the wake and recognition from other social, journal- Grand Champion Steer at the Annual Youth of King’s assassination. Other cities ex- istic and governmental organizations dedi- Livestock Auction at the State Fair of Texas. pressed their anguish in violent riots. Phila- cated to amelioration. The station’s ‘‘Job Miss Larson’s steer, named Rock Star, was delphia mourned their loss in the non-violent Hunt’’ program, initiated at the height of a purchased for a record-breaking $94,000 by manner Dr. King always advocated. crippling recession and the editorial excel- In a letter written one year after King’s as- lence of Jim Klash won the station the high- the Affiliated Multi-Family Services Inc. Miss sassination, King confidant and Ambassador ly coveted Armstrong Award. Larson’s earnings total $30,000 which she Andrew Young said this about WDAS: WDAS was also responsible for the leg- plans on using to help finance her education. ‘‘For the past number of years WDAS and endary Freedom Shows where the finest Rock Star first won its weight class, then, its manager Robert Klein have been of great Rhythm and Blues talent in the world was advanced to the division competition. Miss service to Dr. King and the Southern Chris- brought into Philadelphia for the benefit of Larson then took Rock Star onto the grand tian Leadership Conference. They have sup- worthy civil rights and social organizations. drive, which includes one steer from each ported us editorially, financially, spiritually This amazing care and concern was also am- weight class. and with a great amount of their air plified by the station’s award winning public time. . . To our knowledge there is no sta- affairs department. Miss Larson has been competing in live- tion in America that has worked harder, WDAS was also the home of one of the first stock shows since she was 8 years old and is longer and with more dedication for Black Black talk shows in the history of this coun- a member of Future Farmers of America people than WDAS in Philadelphia.’’ try, the first in Philadelphia and probably (FFA). She competes in jackpot shows

VerDate Aug 31 2005 03:26 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\K18OC8.003 E18OCPT1 bajohnson on PROD1PC71 with REMARKS October 18, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E2187 throughout the year as well as the larger Miss Larson is a notable example of how outside the classroom as well. It is an honor shows such as the Fort Worth Stock Show, students in the 26th District are committed to to represent her in the U.S. House of Rep- which she plans to compete in this January. achievement not only in the classroom but resentatives.

VerDate Aug 31 2005 03:26 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\K18OC8.002 E18OCPT1 bajohnson on PROD1PC71 with REMARKS Thursday, October 18, 2007 Daily Digest Senate nity compensation for the survivors of certain dis- Chamber Action abled veterans, and the bill was then passed, clearing Routine Proceedings, pages S13029–S13135 the measure for the President. Page S13134 Measures Introduced: Sixteen bills and six resolu- Atlantic Freedom Tour of the Freedom Schooner tions were introduced, as follows: S. 2191–2206, S.J. Amistad: Senate agreed to S. Res. 258, recognizing Res. 21, S. Res. 351–353, and S. Con. Res. 50–51. the historical and educational significance of the At- Pages S13077–78 lantic Freedom Tour of the Freedom Schooner Measures Passed: Amistad, and expressing the sense of the Senate that preserving the legacy of the Amistad story is impor- National Character Counts Week: Senate agreed tant in promoting multicultural dialogue, education, to S. Res. 351, designating the week beginning Oc- and cooperation. Page S13134 tober 21, 2007, as ‘‘National Character Counts Week’’. Pages S13130–31 Government of Libya: Senate passed S. 1839, to United States-Mongolia Relations: Senate agreed require periodic reports on claims related to acts of to S. Res. 352, expressing the sense of the Senate re- terrorism against Americans perpetrated or supported garding the 20th anniversary of United States-Mon- by the Government of Libya. Pages S13134–35 golia relations. Pages S13131–32 Measures Considered: Fair Elections in Lebanon: Senate agreed to S. Labor/HHS/Education Appropriations Act: Senate Res. 353, expressing the sense of the Senate regard- continued consideration of H.R. 3043, making ap- ing the importance of a sovereign, democratic, and propriations for the Departments of Labor, Health prosperous Lebanon and the need for free and fair and Human Services, and Education, and related presidential elections in Lebanon without intimida- agencies for the fiscal year ending September 30, tion or foreign interference. Page S13132 2008, taking action on the following amendments Lights on Afterschool: Senate agreed to S. Con. proposed thereto: Pages S13032–70 Res. 51, supporting ‘‘Lights On Afterschool!’’, a na- Adopted: tional celebration of after school programs. DeMint Amendment No. 3340 (to Amendment Pages S13132–33 No. 3325), to provide that none of the funds made available under the Act may be used to circumvent NASA Langley Research Center Anniversary: any statutory or administrative formula-driven or Senate agreed to H. Con. Res. 222, commending competitive awarding process to award funds to a NASA Langley Research Center in Virginia on the project in response to a request from a Member of celebration of its 90th anniversary on October 26 Congress. Pages S13033, S13034 and 27, 2007. Page S13133 Dole Amendment No. 3341 (to Amendment No. Technical Corrections: Senate passed S. 2206, to 3325), to provide funding for the National Cord provide technical corrections to Public Law 109–116 Blood Stem Cell Program. Page S13035 (2 U.S.C. 2131a note) to extend the time period for By 90 yeas to 3 nays (Vote No. 374), Harkin the Joint Committee on the Library to enter into an Amendment No. 3368 (to Amendment No. 3325), agreement to obtain a statue of Rosa Parks. to provide funding for activities to reduce infections Pages S13133–34 from methicillin-resistant Staphylococcus aureus Veterans’ Compensation Cost-of-Living Adjust- (MRSA) and related infections. ment Act: Committee on Veterans’ Affairs was dis- Pages S13046–47, S13048–49 charged from further consideration of H.R. 1284, to By 89 yeas to 4 nays (Vote No. 375), Byrd increase, effective as of December 1, 2007, the rates Amendment No. 3362 (to Amendment No. 3325), of compensation for veterans with service-connected to increase funding for the Mine Safety and Health disabilities and the rates of dependency and indem- Administration. Pages S13044–46, S13049 D1377

VerDate Aug 31 2005 04:48 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D18OC7.REC D18OCPT1 bajohnson on PROD1PC71 with DIGEST D1378 CONGRESSIONAL RECORD — DAILY DIGEST October 18, 2007 By 81 yeas to 12 nays (Vote No. 376), Brown/ Withdrawn: Voinovich Amendment No. 3348 (to Amendment Kyl Amendment No. 3356 (to Amendment No. No. 3325), to provide funding for the Underground 3325), to modify provisions relating to the Low In- Railroad Educational and Cultural Program. come Home Energy Assistance Program. Page S13051 Pages S13036, S13049–50 Pending: Coburn/Kyl Amendment No. 3321 (to Amend- Harkin/Specter Amendment No. 3325, in the na- ment No. 3325), to provide additional care for preg- ture of a substitute. Pages S13032–33 nant women, mothers, and infants by eliminating a Vitter Amendment No. 3328 (to Amendment No. $1,000,000 earmark for a museum dedicated to 3325), to provide a limitation on funds with respect Woodstock. (By 42 yeas to 52 nays (Vote No. 377), to preventing the importation by individuals of pre- Senate earlier failed to table the amendment.) scription drugs from Canada. Page S13032 Pages S13036–41, S13050–51 Dorgan Amendment No. 3335 (to Amendment Brown Amendment No. 3349 (to Amendment No. 3325), to increase funding for the State Heart No. 3325), to prohibit the Secretary of Education Disease and Stroke Prevention Program of the Cen- from using funds with respect to an evaluation for ters for Disease Control and Prevention. Page S13032 the Upward Bound Program until congressional ex- Thune Amendment No. 3333 (to Amendment amination of the regulation providing for such re- No. 3325), to provide additional funding for the view. Pages S13036, S13057–59 telehealth activities of the Health Resources and By 68 yeas to 25 nays (Vote No. 378), Harkin Services Administration. Page S13032 (for Reid) Amendment No. 3395 (to Amendment Dorgan Amendment No. 3345 (to Amendment No. 3325), to clarify the application of current law. No. 3325), to require that the Secretary of Labor re- Pages S13059, S13061–62 port to Congress regarding jobs lost and created as Landrieu Amendment No. 3402 (to Amendment a result of the North American Free Trade Agree- ment. Page S13032 No. 3325), of a perfecting nature. Pages S13066–67 Harkin (for Coburn) Amendment No. 3323 (to Menendez Amendment No. 3347 (to Amendment Amendment No. 3325), to provide an annual report No. 3325), to provide funding for the activities under the Patient Navigator Outreach and Chronic card for the Department of Education. Page S13067 Disease Prevention Act of 2005. Page S13032 Harkin (for Alexander) Amendment No. 3337 (to Ensign Amendment No. 3342 (to Amendment Amendment No. 3325), to express the sense of the No. 3325), to prohibit the use of funds to admin- Senate regarding science teaching and assessment. ister Social Security benefit payments under a total- Page S13067 ization agreement with Mexico. Page S13043 Harkin (for Salazar) Amendment No. 3355 (to Ensign Amendment No. 3352 (to Amendment Amendment No. 3325), to allocate funds to the No. 3325), to prohibit the use of funds to process Traumatic Brain Injury (TBI) Model Systems of Care claims based on illegal work for purposes of receiv- Page S13067 Program. ing Social Security benefits. Page S13043 Harkin (for Alexander/Bingaman) Amendment Lautenberg/Snowe Amendment No. 3350 (to No. 3375 (to Amendment No. 3325), to provide Amendment No. 3325), to prohibit the use of funds funds for partnership grants for teacher preparation to provide abstinence education that includes infor- under title II of the Higher Education Act of 1965. mation that is medically inaccurate. Pages S13047–48 Page S13067 Roberts Amendment No. 3365 (to Amendment Rejected: No. 3325), to fund the small business child care By 34 yeas to 61 nays (Vote No. 373), DeMint grant program. Page S13048 Amendment No. 3338 (to Amendment No. 3325), Reed Amendment No. 3360 (to Amendment No. to provide a limitation on funds with respect to the 3325), to provide funding for the trauma and emer- Charles B. Rangel Center for Public Service. gency medical services programs administered Pages S13033–34, S13041–42 through the Health Resources and Services Adminis- By 41 yeas to 52 nays (Vote No. 379), Vitter tration. Page S13064 Amendment No. 3330 (to Amendment No. 3325), Allard Amendment No. 3369 (to Amendment to prohibit the provision of funds to grantees who No. 3325), to reduce the total amount appropriated perform abortions. Pages S13059–61, S13062 to any program that is rated ineffective by the Office By 46 yeas to 47 nays (Vote No. 380), Sessions of Management and Budget through the Program Amendment No. 3373 (to Amendment No. 3325), Assessment Rating Tool (PART). Pages S13064–66 to increase the amount of funds available for the Of- A unanimous-consent agreement was reached pro- fice of Labor-Management Standards. viding for further consideration of the bill at ap- Pages S13051–57, S13062–64 proximately 10 a.m. on Friday, October 19, 2007;

VerDate Aug 31 2005 04:48 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D18OC7.REC D18OCPT1 bajohnson on PROD1PC71 with DIGEST October 18, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D1379 provided further, that all first-degree amendments be Text of H.R. 3093, as Previously Passed: filed at the desk by 1 p.m. on Friday, October 19, Pages S13112–30 2007. Page S13135 Record Votes: Eight record votes were taken today. Message from the President: Senate received the (Total—380) Pages S13042, S13049, S13050, S13062 following message from the President of the United Adjournment: Senate convened at 9:30 a.m. and States: adjourned at 8:24 p.m., until 10 a.m. on Friday, Oc- Transmitting, pursuant to law, a report on the tober 19, 2007. (For Senate’s program, see the re- continuation of the national emergency that was de- marks of the Acting Majority Leader in today’s clared with respect to significant narcotics traffickers Record on page S13135.) centered in Colombia; which was referred to the Committee on Banking, Housing, and Urban Affairs. (PM–28) Pages S13076–77 Committee Meetings Nominations Received: Senate received the fol- (Committees not listed did not meet) lowing nominations: Allan I. Mendelowitz, of Connecticut, to be a Di- U.S. DEPARTMENT OF TRANSPORTATION rector of the Federal Housing Finance Board for a Committee on Commerce, Science, and Transportation: term expiring February 27, 2014. Committee concluded an oversight hearing to exam- Joaquin F. Blaya, of Florida, to be a Member of ine the Department of Transportation, focusing on the Broadcasting Board of Governors for a term ex- issues related to funding and overseeing infrastruc- piring August 13, 2008. ture projects, strengthening highway, rail, and air Joaquin F. Blaya, of Florida, to be a Member of safety, reducing congestion, and modernizing the the Broadcasting Board of Governors for a term ex- National Airspace System, after receiving testimony piring August 13, 2011. from Mary E. Peters, Secretary, and Calvin L. Scovel, Edward E. Kaufman, of Delaware, to be a Member III, Inspector General, both of the Department of of the Broadcasting Board of Governors for a term Transportation. expiring August 13, 2009. SCIENCE PARKS Susan M. McCue, of Virginia, to be a Member of the Broadcasting Board of Governors for a term ex- Committee on Commerce, Science, and Transportation: Sub- piring August 13, 2010. committee on Science, Technology, and Innovation Dennis M. Mulhaupt, of California, to be a Mem- concluded a hearing to examine science parks, focus- ber of the Broadcasting Board of Governors for a ing on bolstering United States competitiveness, in- term expiring August 13, 2008. cluding S. 1373, to provide grants and loan guaran- Dennis M. Mulhaupt, of California, to be a Mem- tees for the development and construction of science ber of the Broadcasting Board of Governors for a parks to promote the clustering of innovation term expiring August 13, 2011. through high technology activities, after receiving Steven J. Simmons, of Connecticut, to be a Mem- testimony from Senator Bingaman; J. Michael Bow- ber of the Broadcasting Board of Governors for a man, Delaware Technology Park, Inc., Newark, on term expiring August 13, 2009. behalf of the Association of University Research Parks (AURP); Phillip S. Stafford, University of Ar- 4 Army nominations in the rank of general. kansas Technology Development Foundation, Fay- Routine lists in the Air Force, Navy. Page S13135 etteville; and Randall T. Kempner, Regional Innova- Messages from the House: Page S13077 tion, Washington, D.C, on behalf of the Council on Measures Referred: Page S13077 Competitiveness. Measures Placed on the Calendar: Page S13077 LEAD EFFECTS ON CHILDREN Measures Read the First Time: Page S13077 Committee on Environment and Public Works: Com- Additional Cosponsors: Pages S13078–80 mittee concluded a hearing to examine lead and children’s health, focusing on scientific evidence of lead’s Statements on Introduced Bills/Resolutions: effects on children, recent research and incidents Pages S13080–S13101 highlighting exposures and risks to children from Additional Statements: Pages S13075–76 lead, and mechanisms for addressing and preventing Amendments Submitted: Pages S13101–12 childhood lead exposures, after receiving testimony from James B. Gulliford, Assistant Administrator, Authorities for Committees to Meet: Page S13112 Office of Prevention, Pesticides, and Toxic Sub- Privileges of the Floor: Page S13112 stances, Environmental Protection Agency; Olivia

VerDate Aug 31 2005 04:48 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D18OC7.REC D18OCPT1 bajohnson on PROD1PC71 with DIGEST D1380 CONGRESSIONAL RECORD — DAILY DIGEST October 18, 2007 Farrow, Baltimore City Health Department, Balti- of Government Employees, AFL–CIO, and Thomas more, Maryland; Bruce P. Lanphear, Cincinnati Chil- Devine, Government Accountability Project, all of dren’s Hospital Medical Center, Cincinnati, Ohio; Washington, D.C. Thomas G. Neltner, Sierra Club, Indianapolis, Indi- ana, on behalf of sundry organizations; Mike Nagel, NOMINATION National Association of Home Builders, Roselle, Illi- Committee on Homeland Security and Governmental Af- nois; and David E. Jacobs, National Center for fairs: Committee concluded a hearing to examine the Healthy Housing, Columbia, Maryland. nomination of Ellen C. Williams, of Kentucky, to be a Governor of the United States Postal Service, after TRADE: HEALTH AND SAFETY the nominee, who was introduced by Senator Committee on Finance: Committee concluded a hearing McConnell, testified and answered questions in her to examine international trade, focusing on import own behalf. health and safety for today and the future, after receiving testimony from Daniel Baldwin, Assistant NOMINATION Commissioner, Office of International Trade, U.S. Committee on the Judiciary: Committee concluded Customs and Border Protection, Department of hearings to examine the nomination of Michael B. Homeland Security; Cal Dooley, Grocery Manufac- Mukasey, of New York, to be Attorney General, turers/Food Products Association, Washington, D.C.; after the nominee testified and answered questions in Sandy Kennedy, Retail Industry Leaders Association his own behalf, and receiving testimony from Dick (RILA), Arlington, Virginia; and Jean Halloran, Thornburgh, Kirkpatrick and Lockhart Preston Consumers Union, Yonkers, New York. Gates Ellis, LLP, and Chuck Canterbury, Fraternal Order of Police, both of Washington, D.C.; Rear HATCH ACT Admiral John D. Hutson, JAGC, USN (Ret.), Committee on Homeland Security and Governmental Af- Franklin Pierce Law Center, Concord, New Hamp- fairs: Subcommittee on Oversight of Government shire; Dawn E. Johnsen, Indiana University Bloom- Management, the Federal Workforce, and the Dis- ington School of Law, Bloomington, Illinois; and trict of Columbia concluded a hearing to examine Theodore M. Shaw, NAACP Legal Defense and Edu- politics in government, focusing on the scope and cational Fund, Inc., and Mary Jo White, Debevoise enforcement of the Hatch Act, after receiving testi- and Plimpton, LLP, both of New York, New York. mony from James M. Byrne, Deputy Special Coun- sel, and Ana Galindo-Marrone, Chief, Hatch Act BUSINESS MEETING Unit, both of the Office of Special Counsel; B. Chad Select Committee on Intelligence: Committee met in Bungard, General Counsel, Merit Systems Protection closed session and ordered favorably reported an Board; and Colleen M. Kelley, National Treasury original bill entitled, ‘‘Foreign Intelligence Surveil- Employees Union, John Gage, American Federation lance Act of 1978 Amendments Act of 2007’’. h House of Representatives H.R. 3247, to improve the provision of disaster Chamber Action assistance for Hurricanes Katrina and Rita, with an Public Bills and Resolutions Introduced: 27 pub- amendment (H. Rept. 110–387); lic bills, H.R. 3884–3910; and 7 resolutions, H. H.R. 1483, to amend the Omnibus Parks and Con. Res. 239; and H. Res. 756–761 were intro- Public Lands Management Act of 1996 to extend duced. Pages H11775–77 the authorization for certain national heritage areas, Additional Cosponsors: Pages H11777–78 with an amendment (H. Rept. 110–388); Reports Filed: Reports were filed today as follows: H.R. 505, to express the policy of the United States regarding the United States relationship with H.R. 3224, to amend the National Dam Safety Native Hawaiians and to provide a process for the Program Act to establish a program to provide grant recognition by the United States of the Native Ha- assistance to States for the rehabilitation and repair waiian governing entity (H. Rept. 110–389); and of deficient dams, with an amendment (H. Rept. 110–386); H.R. 3564, to amend title 5, United States Code, to authorize appropriations for the Administrative

VerDate Aug 31 2005 04:48 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D18OC7.REC D18OCPT1 bajohnson on PROD1PC71 with DIGEST October 18, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D1381 Conference of the United States through fiscal year on pages H11733–34 and H11753–54 . There were 2011 (H. Rept. 110–390). Page H11775 no quorum calls. Speaker: Read a letter from the Speaker wherein she Adjournment: The House met at 10:00 a.m. and appointed Representative Tauscher to act as Speaker adjourned at 4:25 p.m. Pro Tempore for today. Page H11731 Journal: The House agreed to the Speaker’s approval Committee Meetings of the Journal by a yea-and-nay vote of 219 yeas to 187 nays with 2 voting ‘‘present’’, Roll No. 981. AGRICULTURAL ECONOMY’S STRUCTURAL Pages H11731, H11733–34 CHANGES Oath of Office—Fifth Congressional District of Committee on Agriculture: Held a hearing to review Massachusetts: Representative-elect Niki Tsongas structural changes that are taking place in the agri- presented herself in the well of the House and was cultural economy and their impacts. Testimony was administered the Oath of Office by the Speaker. Ear- heard from Keith Collins, Chief Economist, USDA; lier, the Clerk of the House transmitted a letter from Howard Gruenspecht, Deputy Administrator, Energy the Honorable William Francis Galvin, Secretary of Information Administration, Department of Energy; the Commonwealth, Commonwealth of Massachu- and a public witness. setts, indicating that, according to the returns of the PROVINCIAL RECONSTRUCTION TEAM Special Election held on October 16, 2007, the Hon- OVERSIGHT orable Niki Tsongas was elected Representative to Committee on Armed Services: Subcommittee on Over- Congress for the Fifth Congressional District, Com- sight and Investigations held a hearing on measuring monwealth of Massachusetts. Page H11734 and increasing the effectiveness of Provincial Recon- Whole Number of the House: The Speaker an- struction Teams. Testimony was heard from Stuart nounced to the House that, in light of the adminis- W. Bowen, Jr., Special Inspector General, Iraq Re- tration of the oath to the gentlewoman from Massa- construction; and Robert Perito, Senior Program Of- chusetts, Ms. Niki Tsongas, the whole number of ficer, Center for Post-Conflict Peace and Stability the House is adjusted to 433. Pages H11734–35 Operations, U.S. Institute for Peace. Children’s Health Insurance Program Reauthor- TAX CODE AND HEALTH INSURANCE ization Act of 2007—Presidential Veto: The COVERAGE House voted to sustain the President’s veto of H.R. 976, to amend title XXI of the Social Security Act Committee on the Budget: Held a hearing on the Tax to extend and improve the Children’s Health Insur- Code and Health Insurance Coverage. Testimony was ance Program, by a yea-and-nay vote of 273 yeas to heard from public witnesses. 156 nays, Roll No. 982 (two-thirds of those present MISCELLANEOUS MEASURES not voting to override). Pages H11735–54 Subsequently, the message (H. Doc. 110–62) and Committee on Education and Labor: Ordered reported the bill were referred to the Committees on Energy the following bills: H.R. 3796, amended, Early Warning and Health Care for Workers Affected by and Commerce and Ways and Means. Page H11754 Globalization Act; and H.R. 3685, Employment Meeting Hour: Agreed by unanimous consent that Non-Discrimination Act of 2007. when the House adjourns today, it adjourn to meet at 12:30 p.m. on Monday, October 22nd for morn- INTERNATIONAL TRAFFICKING IN ing hour debate. Page H11755 PERSONS Calendar Wednesday: Agreed by unanimous con- Committee on Foreign Affairs: Held a hearing on Inter- sent to dispense with the Calendar Wednesday busi- national Trafficking in Persons: Taking Action to ness of Wednesday, October 24th. Page H11755 Eliminate Modern Day Slavery. Testimony was heard from public witnesses. Presidential Message: Read a message from the President wherein he transmitted notification that RENDITION OF TORTURE the emergency declared with respect to significant Committee on Foreign Affairs: Subcommittee on Inter- narcotics traffickers centered in Columbia is to con- national Organizations, Human Rights, and Over- tinue in effect beyond October 21, 2007—referred to sight and the Subcommittee on the Constitution, the Committee on Foreign Affairs and ordered print- Civil Rights, and Civil Liberties of the Committee ed (H. Doc. 110–65). Page H11756 on the Judiciary held a joint hearing on Rendition Quorum Calls—Votes: Two yea-and-nay votes de- to Torture: The Case of Maher Arar. Testimony was veloped during the proceedings of today and appear heard from Maher Arar; and public witnesses.

VerDate Aug 31 2005 04:48 Oct 19, 2007 Jkt 069060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D18OC7.REC D18OCPT1 bajohnson on PROD1PC71 with DIGEST D1382 CONGRESSIONAL RECORD — DAILY DIGEST October 18, 2007 ANTITRUST LAWS AND COMMUNITY SMALL BUSINESS MEASURES PHARMACIES Committee on Small Business: Ordered reported the fol- Committee on the Judiciary: Task Force on Antitrust lowing bills H.R. 3866, Small Business Programs and Competition Policy, hearing on the Impact of Act of 2007; and H.R. 3867, Small Business Con- our Antitrust Laws on Community Pharmacies and tracting Program Improvements Act. their Patients. Testimony was heard from David CLEAN WATER ACT REVIEW Wales, Deputy Director, Bureau of Competition, FTC; and public witnesses. Committee on Transportation and Infrastructure: Held a hearing on the 35th Anniversary of the Clean Water INTERNATIONAL PIRACY Act: Successes and Future Challenges Testimony was Committee on the Judiciary: Subcommittee on Courts, heard from John Paul Woodley, Jr., Assistant Sec- the Internet, and Intellectual Property held a hearing retary of the Army, Civil Works, Department of the on International Piracy: The Challenges of Pro- Army; Benjamin H. Grumbles, Assistant Adminis- tecting Intellectual Property in the 21st Century. trator, Office of Water, EPA; and public witnesses. Testimony was heard from Victoria A. Espinel, As- UPDATING MONTGOMERY GI BILL sistant U.S. Representative for Intellectual Property Committee on Veterans’ Affairs: Subcommittee on Eco- and Innovation, Office of the U.S. Trade Representa- nomic Opportunity held a hearing on Updating the tive; Loren Yager, Director, International Affairs and Montgomery G.I. Bill. Testimony was heard from Trade, GAO; and public witnesses. the following officials of the Department of Veterans HARDROCK MINING RECLAMATION ACT Affairs: James Bombard, Chairman, Veterans’ Advi- sory Committee on Education; and Keith M. Wil- Committee on Natural Resources: Began markup of H.R. son, Director, Education, Veterans Benefit Adminis- 2262, Hardrock Mining and Reclamation Act of tration; the following officials of the Department of 2007. Defense: Thomas F. Bush, Acting Deputy Assistant Will continue on October 23. Secretary, Reserve Affairs; and Curtis L. Gilroy, Di- rector, Accession Policy, Office of the Under Sec- NORTHERN ROCKIES ECOSYSTEM retary, Personnel and Readiness; MG Larry Shellito, PROTECTION ACT USA, Adjutant General, Minnesota National Guard; Committee on Natural Resources: Subcommittee on Na- representatives of veterans organizations; and public tional Parks, Forests and Public Lands, hearing on witnesses. H.R. 1975, Northern Rockies Ecosystem Protection HEALTH CARE PROFESSIONALS— Act. Testimony was heard from Representatives RECRUITMENT AND RETENTION Maloney, Shays, and Rehberg; Joel Holtrop, Deputy Chief, National Forest System, USDA; Henri Bisson, Committee on Veterans’ Affairs: Subcommittee on Deputy Director, Bureau of Land Management, De- Health held a hearing on Health Care Professionals- partment of the Interior; and public witnesses. Recruitment and Retention. Testimony was heard from William F. Feeley, Deputy Under Secretary, BLACK CARBON AND THE ARCTIC Health Operations and Management, Veterans Committee on Oversight and Government Reform: Held a Health Administration, Department of Veterans Af- hearing on Black Carbon and the Arctic. Testimony fairs; representatives of veterans organizations; and was heard from public witnesses. public witnesses. ENERGY AND GLOBAL WARMING SECURE IDENTITY SOLUTIONS FOR VULNERABLE Committee on Oversight and Government Reform: Sub- COMMUNITIES committee on Government Management, Organiza- Select Committee on Energy Independence and Global tion and Procurement held a hearing on Technology Warming: Held a hearing entitled ‘‘Energy and Glob- for Secure Identity Documents. Testimony was heard al Warming Solutions for Vulnerable Communities.’’ from Kathy Kraninger, Director, Screening Coordi- Testimony was heard from public witnesses. nation Office, Department of Homeland Security; Benjamin M. Brink, Assistant Public Printer, Secu- BRIEFING—VOTING IN THE HOUSE— rity and Intelligent Documents, GPO; David M. ROSTRUM AND ELECTRONIC VOTING Temoshok, Director, Identity Policy and Manage- SYSTEM ment, Office of Government-wide Policy, GSA; Select Committee to Investigate the Voting Irregularities of Bonnie Rutledge, Director, Department of Motor August 2, 2007: Held a briefing on Voting in the Vehicles, State of Vermont; and public witnesses. House of Representatives—The Rostrum and the

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Electronic Voting System: a Walkthrough by the mony from Goran Lennmarker, Parliamentary As- Clerk of the House. The Committee was briefed by sembly of the Organization for Security and Co- Lorraine C. Miller, Clerk of the House. operation in Europe, Stockholm, Sweden. Joint Meetings f PARLIAMENTARY PERSPECTIVE OF COMMITTEE MEETINGS FOR FRIDAY, EUROPE’S CHALLENGES OCTOBER 19, 2007 Commission on Security and Cooperation in Europe: Com- (Committee meetings are open unless otherwise indicated) mission concluded hearing to examine a parliamentary perspective of challenges facing today’s Europe, Senate focusing on the ability of the Organization for Secu- No meetings/hearings scheduled. rity and Cooperation in Europe to meet those challenges, which include unresolved conflicts and obsta- House cles to democratic development, after receiving testi- No committee meetings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, October 19 12:30 p.m., Monday, October 22

Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Monday: To be announced. of H.R. 3043, Labor/HHS/Education Appropriations Act.

Extensions of Remarks, as inserted in this issue

HOUSE Fattah, Chaka, Pa., E2185 Rahall, Nick J., II, W.Va., E2183 Garrett, Scott, N.J., E2181 Roskam, Peter J., Ill., E2185 Baca, Joe, Calif., E2182 Hunter, Duncan, Calif., E2182 Schiff, Adam B., Calif., E2176 Becerra, Xavier, Calif., E2181 Inslee, Jay, Wash., E2184 Sherman, Brad, Calif., E2180 Burgess, Michael C., Tex., E2185, E2186 Johnson, Eddie Bernice, Tex., E2184 Stupak, Bart, Mich., E2181 Burton, Dan, Ind., E2178 Johnson, Sam, Tex., E2176 Sullivan, John, Okla., E2176 Butterfield, G.K., N.C., E2177 Kucinich, Dennis J., Ohio, E2180 Calvert, Ken, Calif., E2178 McCarthy, Kevin, Calif., E2184 Tanner, John S., Tenn., E2173, E2175 Conyers, John, Jr., Mich., E2183 Matsui, Doris O., Calif., E2173, E2175, E2183 Towns, Edolphus, N.Y., E2180 Cummings, Elijah E., Md., E2176, E2178 Meek, Kendrick B., Fla., E2177 Wasserman Schultz, Debbie, Fla., E2184 Davis, Danny K., Ill., E2173, E2174 Pascrell, Bill, Jr., N.J., E2177 Wolf, Frank R., Va., E2179 Farr, Sam, Calif., E2175 Radanovich, George, Calif., E2182 Wu, David, Ore., E2180

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