Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 109 CONGRESS, SECOND SESSION

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

Vol. 152 WASHINGTON, THURSDAY, JULY 27, 2006 No. 101 House of Representatives The House met at 10 a.m. lic for which it stands, one nation under God, creased border security by authorizing The Chaplain, the Reverend Daniel P. indivisible, with liberty and justice for all. 1,000 new border inspectors and ended Coughlin, offered the following prayer: f the ‘‘catch and release’’ of illegal aliens. 164 House Democrats voted Lord God of every age, Your people MESSAGE FROM THE SENATE have always turned to You, especially against that. in their darkest hours of need. Today A message from the Senate by Ms. Finally, 187 Democrats voted against we call upon Your Holy Name and pray Curtis, one of its clerks, announced an amendment which would have added for world peace. Only by mounting the that the Senate has passed a bill of the teeth to a Federal law that requires forces of prayer, goodness, and compas- following title in which the concur- governments at all levels to comply sionate love can we overcome the hope- rence of the House is requested: with Federal immigration laws. less battles of distrust and violence. S. 3741. An act to provide funding author- Mr. Speaker, I have been listening to When human limitations are finally ity to facilitate the evacuation of persons the other side of the aisle complain admitted and nations stand apart from from Lebanon, and for other purposes. about the ‘‘do-nothing Congress.’’ It is each other, each on its own precipice of The message also announced that the actually a case of the ‘‘do-nothing’’ disastrous decisions, then the remnant Senate agrees to the report of the com- Democrats. Republicans have a strong of Your believing people must assemble mittee of conference on the disagreeing record of accomplishment on border se- and cry out to You, O Lord, for wisdom votes of the two Houses on the amend- curity. Too bad the Democrats can’t and consolation. ments of the House to the bill (S. 250) say the same thing. Because repeated conflicts and broad- ‘‘An Act to amend the Carl D. Perkins f based negativity can form a vortex Vocational and Technical Education BREAST CANCER PATIENT which, like a giant vacuum, robs people Act of 1998 to improve the Act.’’ PROTECTION everywhere of strength and initiative, f (Ms. DELAURO asked and was given Your faithful must believe in You and ANNOUNCEMENT BY THE SPEAKER permission to address the House for 1 claim a vision of realistic reconcili- minute and to revise and extend her re- ation which transcends the frontiers of The SPEAKER. The Chair will entertain up to ten 1-minute speeches on marks.) culture, civilizations, nations and his- Ms. DELAURO. Mr. Speaker, I rise each side. tory. today in support of every woman who Before You and in You we are already f has ever had to leave the hospital with- one people, and You have promised to BORDER SECURITY, ‘‘DO-NOTHING’’ in 24 hours after undergoing a mastec- be with us now and forever. DEMOCRATS tomy, and to urge that the House con- Amen. sider the Breast Cancer Patient Protec- (Ms. FOXX asked and was given per- f tion Act. It is a bipartisan bill which mission to address the House for 1 THE JOURNAL will ensure that patients have the minute.) health care that they need following The SPEAKER. The Chair has exam- Ms. FOXX. Mr. Speaker, House Re- breast cancer surgery. ined the Journal of the last day’s pro- publicans are working hard to produce The statistics say it all. A woman in ceedings and announces to the House a strong security bill to send to Presi- the United States has a 1-in-7 chance of his approval thereof. dent Bush’s desk, while Democrats con- developing breast cancer. It is the sec- Pursuant to clause 1, rule I, the Jour- tinue their tired strategy of voting ond leading cause of cancer deaths for nal stands approved. against border security legislation, women in America. And just this year, f while failing to offer a plan of their over 269,000 women will receive a diag- own. PLEDGE OF ALLEGIANCE nosis of invasive breast cancer. Republicans passed the REAL ID Act Despite these numbers, women are The SPEAKER. Will the gentle- which made it more difficult for poten- often forced by their insurance compa- woman from Connecticut (Ms. tial terrorists to obtain driver’s li- nies to leave the hospital less than a DELAURO) come forward and lead the censes, and helped deport criminals for day after mastectomy surgery, when House in the Pledge of Allegiance. terrorism related offenses. 152 House they are still in pain, groggy from an- Ms. DELAURO led the Pledge of Alle- Democrats voted against it. esthesia, and with drainage tubes that giance as follows: The Republicans passed the Border require professional attention. I pledge allegiance to the Flag of the Protection, Anti-terrorism and Illegal Mr. Speaker, the last thing that any United States of America, and to the Repub- Immigration Control Act which in- woman should be doing at this time is

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

H5957

VerDate Aug 31 2005 03:02 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JY7.000 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5958 CONGRESSIONAL RECORD — HOUSE July 27, 2006 fighting with her insurance company. Mr. Speaker, Democrats believe that b 1015 Two days of recovery time in the hos- no one who works hard at a full-time BREAST CANCER PATIENT pital should not be negotiable. Just 2 job should be in poverty. It is time to PROTECTION ACT days. And ultimately that decision raise the minimum wage. Congress should be up to the patient and her should not go on vacation without giv- (Mrs. KELLY asked and was given doctor. ing these workers their first pay raise permission to address the House for 1 We should pass into law the Breast in 9 years. minute and to revise and extend her remarks.) Cancer Patient Protection Act to en- f sure that women do not have to fight Mrs. KELLY. Mr. Speaker, I rise, RECOGNIZING THE SACRIFICE OF for their recovery time in the hospital. along with several of my colleagues, PFC DEREK PLOWMAN this morning to urge this House to pass f (Mr. BOOZMAN asked and was given a bill I am sponsoring called the Breast LONE STAR VOICES—TIM AND permission to address the House for 1 Cancer Patient Protection Act. I appre- SUSAN JACOB minute and to revise and extend his re- ciate the co-leadership of the gentle- (Mr. POE asked and was given per- marks.) woman from Connecticut (Ms. mission to address the House for 1 Mr. BOOZMAN. Mr. Speaker, I rise DELAURO) on this important bipartisan minute.) today to recognize the sacrifice made bill. Mr. POE. Mr. Speaker, illegal entry by PFC Derek Plowman of Everton, Ar- We are here today seeking to improve into our homeland negatively affects kansas. On July 20 he died from a gun- treatment coverages and access to in- our economic security. Illegals are shot wound while serving with the Ar- patient care for women suffering from driving up the costs for health care, kansas Army National Guard’s 142nd breast cancer. No woman should be education, Social Security and other Fires Brigade in Iraq. forced to fight breast cancer and red Social Services. Americans pick up the Friends and family say that Derek tape at the same time. It is our respon- tab for these bills because illegals do was passionate about everything that sibility in Congress to make sure that not pay their way. he did. He was known to be a selfless necessary laws are in place to protect a Tim and Susan Jacob of Groves, man that was always more worried breast cancer patient. We need to guar- Texas speak out on this fact. They say, about other people than himself. antee the best treatment and support ‘‘It should be evident more than ever Last year he had just returned from possible. that the U.S. does not have the infra- basic training when he learned that his A breast cancer diagnosis is scary structure for 12 to 20 million illegals. unit was being mobilized, but he com- and stressful for a woman. Insurance This summer we are seeing rolling mented that ‘‘he had a job to do,’’ and restrictions and difficult cost-saving blackouts, complete power outages, willingly deployed to Iraq with his fel- decisions only complicate her fear and gasoline above $3 a gallon, Houston low Arkansans. stress. streets are overloaded with auto- Derek comes from a large family By passing our bill, we can eliminate mobiles and illegals driving without in- with nine brothers and sisters. He had undue anxiety and ensure that a surance. We have hospital closings and dreams of becoming a psychiatrist, and woman and her doctor are in control of poor performance of the public school joined the National Guard during his her treatment decisions. More than 175 system. Shut down the borders, enforce senior year at Valley Springs High cosponsors of our bill have recognized the existing laws and prosecute em- School to earn money for college. the need to help more than 200,000 ployers who hire illegals.’’ Mr. Speaker, at the young age of 20, women diagnosed with breast cancer Mr. Speaker, common sense rings Derek made the ultimate sacrifice for every year. But we believe every Mem- true again. We cannot ignore the nega- his country. He is a true American ber of this body should be cosponsoring tive impact of illegal entry. It is mor- hero. I ask my colleagues to keep our legislation. ally wrong to make Americans pay the Derek’s family in their thoughts and Together, this Congress can make a costs for foreigners illegally in our Na- prayers as they mourn the loss of this positive difference in the lives of tion. outstanding young man. women suffering from breast cancer by And that’s just the way it is. f passing the Breast Cancer Patient Pro- tection Act. f OIL COMPANY PROFITS f RISING GAS PRICES HURT (Mr. DEFAZIO asked and was given MINIMUM WAGE EARNERS permission to address the House for 1 IN SUPPORT OF THE BREAST CAN- (Ms. LORETTA SANCHEZ of Cali- minute.) CER PATIENT PROTECTION ACT fornia asked and was given permission Mr. DEFAZIO. Well, Mr. Speaker, the (Ms. SLAUGHTER asked and was to address the House for 1 minute.) numbers are in. ExxonMobil’s quar- given permission to address the House Ms. LORETTA SANCHEZ of Cali- terly profits up 32 percent, Shell, 34 for 1 minute and to revise and extend fornia. Mr. Speaker, gas prices in this percent, BP, 29 percent. The three larg- her remarks.) country have just risen to hit yet an- est oil companies made $200 million a Ms. SLAUGHTER. Mr. Speaker, I rise other record high, reminding us all of day profit by gouging consumers. This in support of the Breast Cancer Patient how difficult it can be to make ends is extraordinary, and the Republicans Protection Act and urge its passage be- meet today. This is especially true for have very little to say about this before the August recess. the millions of Americans who are cause they are sharing in the profits. Breast cancer is so pervasive that it struggling to survive and support their Eighty-five percent of the political touches every American family. The families while making the minimum contributions from oil and gas compa- diagnosis of breast cancer is fright- wage. nies go to the Republican party. ening enough not to have to fight the Although it has not been increased Now, they are so awash in money insurance companies, as has been said since 1997, and it is currently at its that the retired CEO of ExxonMobil, before. One in eight women is going to lowest level in 50 years when adjusted while Americans struggle to fill up be diagnosed with breast cancer during for inflation, Republicans still refuse their gas tanks and afford that and go her lifetime, and it remains the num- to raise the minimum wage from $5.15 on vacation, well, Lee Raymond, the ber one cause of death in women bean hour. That means if you make $5.15 retired ExxonMobil chief who got $400 tween the ages of 30 and 54. an hour and you work all year round, million for a retirement gift very re- In my congressional district, there you would make $10,700. In fact, it cently, he is personally buying oil and are almost 1,500 instances of breast would take you a full day just to fill up gas fields. So American workers, peo- cancer and nearly 300 women die every your gas tank. With the kind of money ple who work for ExxonMobil, can’t af- year. And rushing a woman through a you make on minimum wage, there is ford to go on vacation and fill up their hospital stay after a mastectomy and very little left to support a household, tank, and their CEO is personally pur- pressuring her to return to her normal something three-quarters of the people chasing oil and gas fields in the Middle life almost immediately hampers her who make minimum wage must do. East and Africa. It’s a great country. recovery. That is why it is imperative

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.002 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5959 that we pass the Breast Cancer Patient facing this trying ordeal can focus on SECURITY FIRST Protection Act. what really matters: their family, their (Mr. STEARNS asked and was given We must also support research into faith, and their future. permission to address the House for 1 better breast cancer detection meth- f minute.) ods. Mammographies, which is the only Mr. STEARNS. Mr. Speaker, it is im- tool we have had for 40 years, miss too ISRAEL/IRAN perative that we secure our southern many women and cannot suffice as our border immediately. One overlooked gold standard. But instead of passing (Mr. KNOLLENBERG asked and was reason is the Department of Homeland legislation to stop drive-through given permission to address the House Security has issued data which indi- mastectomies or supporting funding infor 1 minute and to revise and extend cates that each year, hundreds of creases for research and development, his remarks.) aliens from countries known to harbor we have become a drive-through Con- Mr. KNOLLENBERG. Mr. Speaker, terrorists or who promote terrorism gress, rushing to pass what is politi- the United States and our ally Israel are apprehended attempting to enter cally divisive. stand at an important and historic this country illegally. Since 2002, the This bill deserves passage. juncture. number of non-Mexicans apprehended Iran’s continued efforts to establish a f while trying to enter the United States nuclear weapons program and their illegally has increased 343 percent. IN SUPPORT OF FORMER continued efforts to assist Hezbollah, CONGRESSMAN BOB MATHIAS This is of great concern to me and to an internationally recognized terrorist others. In the words of former Deputy (Mr. NUNES asked and was given organization, is in defiance of their ob- Secretary ADM James Loy of Home- permission to address the House for 1 ligations to a free and stable world. land Security: ‘‘Entrenched human minute.) Today I stand united with my friends smuggling and corruption in areas be- Mr. NUNES. Mr. Speaker, some of in Israel, who face a constant threat by yond our borders can be exploited by you may know that former Congress- Iranian-sponsored Hezbollah terrorists. terrorist organizations.’’ man and two-time Olympic Gold Med- The House has acted by passing H.R. There have been reports, Mr. Speak- alist Bob Mathias has been battling 282, the Iran Freedom Support Act. If er, that terrorist organizations, includ- cancer for the past few years. this bill is passed, a strong set of eco- ing al Qaeda, have been operating, re- As many in this Chamber know, Bob nomic sanctions will begin to hold Iran cruiting members, and maybe training is a fighter and is determined to beat responsible for their actions in the terrorists in South American coun- it. As Bob continues his fight, I ask Middle East. It is critical that the Sen- tries, including Argentina, Brazil, and that we keep him and his family in our ate act on this companion legislation Paraguay. This is particularly alarm- thoughts and prayers. that is pending before them. ing when you consider that attempts to f Congress must confront Iran’s con- enter our country illegally from Brazil tinued belligerence by halting that THE BREAST CANCER PATIENT has increased 900 percent over the last country’s nuclear aspirations and work PROTECTION ACT 3 years. to prevent their further sponsorship of It is imperative that we secure our (Ms. WASSERMAN SCHULTZ asked terrorists. borders now. and was given permission to address the House for 1 minute and to revise f f and extend her remarks.) THE VIOLENCE IN THE MIDDLE Ms. WASSERMAN SCHULTZ. Mr. A TRIBUTE TO ANDREW VELEZ EAST Speaker, breast cancer does not dis- (Mr. NEUGEBAUER asked and was (Mr. KUCINICH asked and was given criminate based on health care cov- given permission to address the House permission to address the House for 1 erage. for 1 minute and to revise and extend minute and to revise and extend his re- Statistics tell us that one in seven his remarks.) marks.) American women will develop breast Mr. NEUGEBAUER. Mr. Speaker, Mr. KUCINICH. Mr. Speaker, casual- cancer; yet no one ever expects these this morning I come to this House with ties are mounting on all sides in the things. No one plans or prepares to be a very heavy heart. Earlier this week, Middle East, and yet our government, diagnosed with breast cancer. No one PFC Andrew Velez was killed while representing the most powerful Nation preemptively investigates their health tracking Osama bin Laden in Afghani- in the world, stands aside and watches insurance coverage in the event that stan. as civilian casualties mount every- they require a mastectomy or a It is always a tragedy when we lose where. lumpectomy. one of our young soldiers, but this loss Why in God’s name aren’t we getting Suddenly these women, our mothers, is especially tragic because less than 2 involved to call for an end to the vio- our sisters, our daughters, are faced years ago, Andrew’s older brother, lence, to bring the parties together so not only with a terrible, deadly diag- Freddy, was also killed while pro- that they can find a way to create nosis but with unnerving treatment detecting this country in fighting the peace? cisions. war on terrorism. We are required, by virtue of our I am a cosponsor of the Breast Can- The Velez family now has made the standing in the world, to bring people cer Patient Protection Act to ensure ultimate sacrifice for freedom and de- together. Not to create more isolation, one thing: that women don’t have to mocracy not once, but twice. Andrew not to create more war, but to bring worry about their health insurance and Freddy Velez are American heroes. people together. We must get involved plan during this terrifying experience. We must never forget the sacrifice of as this continues to spiral out of con- This is the law in Florida, and it these two brothers for freedom. trol. The whole world is watching and should be the law of the land. While My thoughts and prayers go out to the entire world is at risk. serving in the Florida legislature, I Andrew’s father, Roy; his stepmother, f passed similar legislation, and my Carmen; Andrew’s wife, Veronica; and commitment has not wavered. his three children, Jasmine, Jordan, THE REPUBLICAN MAJORITY’S This bill mandates that women be and Jacob as they mourn the loss of SECURITY AGENDA covered for a 48-hour hospital stay their son and their husband and their (Mrs. BLACKBURN asked and was after a mastectomy and a 24-hour stay dad. given permission to address the House for a lumpectomy. What is more, it en- Mr. Speaker, the price of freedom has for 1 minute and to revise and extend sures full coverage for follow-up care. never been cheap, but I have to say her remarks.) Asking anyone coping with a deadly that the Velez family has given an Mrs. BLACKBURN. Mr. Speaker, this disease to lose sleep over health insur- extra measure for freedom and democ- Republican majority is dedicated to ance is outrageous. As a public servant, racy. I hold them in my prayers and the security agenda. We have created a I believe I have a responsibility to ask all Americans to do so at the same plan of action for leading that address- stand up on this issue so that women time. es the issues facing America today.

VerDate Aug 31 2005 03:02 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.004 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5960 CONGRESSIONAL RECORD — HOUSE July 27, 2006 As part of our security agenda, we lating the law tenfold. Just this week This conference agreement will, are promoting border security that the President signed the Freedom to among other things, direct the States halts illegal entry into the country. We Display the American Flag Act. to assess the effectiveness of State pro- are strengthening our national secu- Last week we defended the Pledge of grams for career and technical edu- rity by fighting terrorism in the Mid- Allegiance from the whims of activist cation, with an emphasis on math and dle East where it begins, not on our judges who seek to ban it from our science, and also establishes perform- own soil after an attack. schools. Although the Marriage Protec- ance indicators for those programs. We are also promoting economic tion Amendment failed to get two- It will enhance coordination between growth and job creation by lowering thirds support, it gained votes in both secondary and post-secondary voca- taxes and reducing regulation in order the House and Senate this year. Earlier tional programs and strengthen the that families can plan for their very this month we passed legislation to en- role of the States in administering own secure future. force laws prohibiting illegal online these programs, and this is a funding of Energy security means America must gambling. And last week we affirmed a legislative priority. harness our own domestic oil re- the dignity of human life by rejecting This legislation allows for increased sources, expand oil refining capacity taxpayer funding of human embryo-de- flexibility for States who choose the that is limited due to red tape, and at stroying research. option to combine the Perkins State the same time carry out research and Mr. Speaker, it has been a good first Grant with the Tech-Prep programs development for alternative energy half of the year for millions of Ameri- into one program, leading to greater sources while we focus on conserva- cans who wish to see traditional Amer- program efficiencies. This once again is tion’s best practices. ican values defended on Capitol Hill. a State option. We are fighting to defend the moral And I look forward to future successes It allows for the States to provide infrastructure that has made America when we reconvene after August. ‘‘incentive grants’’ to encourage and recognize exemplary performances in great as part of our moral security f agenda. carrying out career and technical edu- WAIVING POINTS OF ORDER Mr. Speaker, we invite everyone to cation programs. AGAINST CONFERENCE REPORT It also will ensure the continued ac- join us in a thoughtful process of secur- ON S. 250, CARL D. PERKINS CA- cess to teachers for professional devel- ing America’s future. REER AND TECHNICAL EDU- opment certification. f CATION IMPROVEMENT ACT OF Mr. Speaker, in 1917, the government THE MINIMUM WAGE 2006 first funded training for vocational programs relating to national defense. (Mr. MCGOVERN asked and was Mr. BISHOP of Utah. Mr. Speaker, by In 1963, we passed the first Vocational given permission to address the House direction of the Committee on Rules, I Education Act. It was modified in 1984 for 1 minute.) call up House Resolution 946 and ask as the Carl Perkins Program, and again Mr. MCGOVERN. Mr. Speaker, the for its immediate consideration. in 1990. So this program has been here Federal minimum wage has been stuck The Clerk read the resolution, as fol- in some way for 90 years in this Nation at $5.15 for 9 years. A minimum-wage lows: helping those vocational programs and worker working full time earns about H. RES. 946 training our citizens for their future. $10,712 a year. A minimum-wage work- Resolved, That upon the adoption of this I urge my colleagues to support this resolution it shall be in order to consider the er has to work an entire day in order to rule and the underlying legislation. be able to afford to fill their tank with conference report to accompany the bill (S. 250) to amend the Carl D. Perkins Vocational Mr. Speaker, I reserve the balance of gas. my time. Mr. Speaker, Members of Congress and Technical Education Act of 1998 to improve the Act. All points of order against the Mr. MCGOVERN. Mr. Speaker, I yield have awarded themselves eight pay conference report and against its consider- myself such time as I may consume. raises since the last time we increased ation are waived. The conference report shall (Mr. MCGOVERN asked and was the Federal minimum wage. That is be considered as read. given permission to revise and extend about $35,000 in pay raises. The SPEAKER pro tempore (Mr. his remarks.) Mr. Speaker, 35 percent of workers KUHL of New York). The gentleman Mr. MCGOVERN. Mr. Speaker, I want who receive a minimum wage are their from Utah (Mr. BISHOP) is recognized to thank the gentleman from Utah (Mr. families’ sole earners. Sixty-one per- for 1 hour. BISHOP) for yielding me the customary cent are women and one-third of those Mr. BISHOP of Utah. Mr. Speaker, 30 minutes. women are raising children. for the purpose of debate only, I yield Mr. Speaker, today this House is con- Here is the deal, I say to my Repub- the customary 30 minutes to the gen- sidering the conference report for the lican colleagues: have a heart. And if tleman from Massachusetts (Mr. Carl D. Perkins Career and Technical you are not going to allow us to have a MCGOVERN), pending which I yield my- Education Improvement Act. This is a clean vote up or down on the minimum self such time as I may consume. Dur- good bill, a worthy bill. This bill ad- wage, then bring to the floor a bill that ing consideration of this resolution, all dresses the needs of America’s chang- repeals your pay raise. It is not right time yielded is for the purpose of de- ing workforce and hopefully it will help for Members of Congress to get a pay bate only. close the gaps that threaten our long- raise while they force millions of House Resolution 946 provides for the term ability to compete in the global Americans to continue to live in pov- consideration of the conference report economy. erty. to accompany Senate 250, the Carl D. I want to express my appreciation f Perkins Career and Technical Edu- and my respect for the leadership and hard work invested over the past 15 VAT ACCOMPLISHMENTS cation Improvement Act of 2006 and waives all points of order against its months by House Education and Work- (Mr. PITTS asked and was given per- consideration. force Committee Chairman BUCK mission to address the House for 1 MCKEON and ranking member GEORGE minute and to revise and extend his re- b 1030 MILLER in moving these vital issues marks.) Mr. Speaker, I am actually proud to forward and that resulted in this Mr. PITTS. Mr. Speaker, as we head stand in support of this rule the under- strong, bipartisan supported bill. into August, it is worth noting our lying legislation, which reauthorizes Mr. Speaker, the conference report record so far this year in defense of tra- important vocational education loans successfully improves several aspects ditional values. and programs. In our ever-changing of the programs authorized under the Last month this body affirmed the economy, it is clear that education and Perkins Act. It provides for more effec- role of fathers by passing a resolution training is more vital than ever before tive accountability for these programs. to promote responsible fatherhood in to both our Nation’s economic growth It establishes stronger links to busi- America. Also in June, we got serious and competitiveness, as well as the nesses and stronger partnerships be- about enforcing broadcast decency quality of life for individuals and their tween high schools, colleges and busi- standards by increasing fines for vio- families. nesses, including small businesses. It

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.006 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5961 creates better links and sequences of majority of this House passes a budget that the conferees include in this bill courses from high school to college and resolution that matches the Presi- that the phrase ‘‘high wage’’ means no it promotes a much stronger academic dent’s request, which means it also less than $7.25 an hour. focus, consistent with other Federal K– eliminates the funding for the Perkins Did the House conferees not take the 12 educational programs. Act programs. Members of this House seriously? Did Mr. Speaker, I am a very strong sup- Where does that leave us, Mr. Speak- they fight during negotiations to in- porter of vocational, career and tech- er? It leaves us with an appropriations clude these words in the final con- nical education, and I am not alone in allocation for education that is so low ference report? Because, if so, then why Central Massachusetts in believing in it is impossible to adequately fund our isn’t it there? the importance of vocational and tech- Federal education programs. In order Mr. Speaker, I have worked in this nical education. to restore $1.3 billion to the Perkins House for a while now, 10 years as a Let me share with my colleagues an program, we are forced to steal money Member of Congress and 13 years before important milestone that took place from other critical K–12 and higher that as a Congressional aid. I remem- just last month in Worcester, Massa- education programs. ber when motions to instruct conferees chusetts. On June 8, the last class to This year is no exception. In the FY were taken seriously by Members ap- occupy the old Worcester Vocational 2007 Labor-HHS-Education Appropria- pointed to the conference committee. High School graduated, ending an era tions Act, which has been waiting in The Republican leadership will not that began in 1910 when the Boys Trade the wings for 6 weeks since June 13 for allow this House to act on the FY 2007 School opened its doors to 29 iron- a chance to come to the House floor, Labor-HHS-Education Appropriations workers and 23 woodworkers. we once again see damaging cuts in Act because it contains an increase in That evening, 204 graduating seniors education funding. For the second year the minimum wage. Every Health, Edu- who attended classes in that 1910 build- in a row, funding for the Department of cation and Labor Department program ing received their high school diplomas Education has been cut, this time $404 is being held hostage to the Republican in subjects as diverse as telecommuni- million below FY 2006 levels and $1 bil- majority’s determination to keep 6.5 cations, cosmetology and hotel man- lion below FY 2005 levels. While the ap- million hardworking Americans in pov- agement. These students represent a propriations bill provides $1.3 billion erty. well-educated workforce. for vocational education programs, this Now they will not allow a handful of In the past 5 years, in Worcester is the same level as last year. This words, supported so strongly by Mem- alone, the number of vocational tech- means vocational education grants will bers of this House, to be included in nical graduates attending college has have lost $83 million in real purchasing this conference report. What are they nearly tripled, from 24 percent in 2001 power since FY 2005. so afraid of? to 68 percent this year. It is not sur- Mr. Speaker, nearly half of all high As we take up the Carl D. Perkins prising, therefore, to know that the school students and about one-third of Career and Technical Education Im- scores of these students on the Massa- all college students take vocational provement Act conference report, we chusetts mandatory State test, which education courses to be ready for to- can all be proud of our support of voca- has formidable high standards, have day’s world of work. We cannot keep tional, technical and career education. risen significantly, a testament to the freezing the funding for these pro- But with all due respect, Mr. Speaker, hard work of students, faculty, school grams. The result is a de facto cut in what we do today is meaningless. It is administrators and parents. resources at exactly the time when this worthless if we fail to ensure adequate This coming September, a new era authorization increases standards and appropriations for these programs and will begin for Worcester’s vocational accountability for vocational and tech- if we continue to let the minimum and technical students when they start nical schools. wage stagnate and willingly and delib- classes in a new state-of-the-art school, So I hope that my colleagues on the erately condemn more and more Amer- the Worcester Technical High School. I other side of the aisle will finally com- ican workers to lives of poverty. have had the opportunity to tour this mit themselves not just to authorizing In closing, I will support this bill be- new school, the first vocational high these critical programs, but to working cause it does authorize a number of school in the Commonwealth of Massa- in a bipartisan, all-out effort to make good programs. But let me repeat so chusetts to be built in the last 30 years. sure that they are adequately funded. my colleagues on the other side of the I can assure my colleagues that the Otherwise, nothing we do here today aisle can hear this loud and clear: It is goals and programs outlined in today’s matters. not enough to authorize programs. We reauthorization bill will find fertile Finally, Mr. Speaker, I have to admit need to fund them. And this President ground and flourish at Worcester Tech- I am a little bit confused. Only July 12, has consistently tried to eliminate nical High School. this House voted 260–159 in favor of a funding for important vocational edu- But, Mr. Speaker, it takes more than motion to instruct the conferees ap- cational programs and this Congress just a good framework like the one pro- pointed to negotiate on this conference passes budgets that also eliminate vided by this conference report to en- report to state clearly that when this funding for these programs. And, quite sure a quality education. It takes re- authorizing bill describes as its purpose frankly, the funding that we do provide sources. It takes money. And, quite to prepare students for high wage jobs, is inadequate. frankly, Mr. Speaker, that worries me. that those jobs should, in no case, pay Finally, let me repeat to all Members I worry whether this House has the less than $7.25 an hour. 260–159, Mr. of this House, that it is a disgrace that same bipartisan dedication and com- Speaker. That is an overwhelming we are about to recess for our August mitment that so successfully nego- vote. Sixty-four Republicans joined vacation without increasing the Fed- tiated this conference agreement to every single Democrat and Independent eral minimum wage. It has been stuck make sure that these same programs in this House in support of this lan- at $5.15 an hour for nearly 9 years. Dur- are adequately funded in the future. guage. But somehow, Mr. Speaker, it ing that same period of time, Members Every year President Bush rec- does not appear in the conference re- of this House have increased their pay ommends the elimination of the Per- port. eight different times, totaling about kins vocational education programs in High skilled jobs are important, Mr. $35,000. his budget. Every year, Mr. Speaker, Speaker. High wage jobs matter. And If this Republican leadership does not every year he does this. so does raising the minimum wage. The want to allow Members of this House a Will the Republican leadership of minimum wage was established 63 clean, straight, up-or-down vote on the this House pledge to organize a bipar- years ago to alleviate poverty. Today, minimum wage, then they should at tisan effort and convince the President the minimum wage condemns workers least have the decency to bring to the that he must include full funding for and their families to a life of poverty. floor a resolution to repeal this pay the Perkins Act in his budget? That is more than 6.5 million hard- raise. It is wrong to increase our pay Each year when the President has working American workers. I thought and, at the same time, refuse to do eliminated the Perkins vocational and that was why 260 members of this anything about the millions of Amer- technical programs, the Republican House voted 2 weeks ago to demand ican workers who are stuck in poverty.

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.008 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5962 CONGRESSIONAL RECORD — HOUSE July 27, 2006 If you work in this country, you should on Energy and Commerce and 25 minutes Committee on Ways and Means. The get paid enough so you don’t have to equally divided and controlled by the chair- rule also provides one motion to re- live in poverty. man and ranking minority member of the commit with or without instructions. Committee on Ways and Means. After gen- Mr. Speaker, the information age has Again, vocational education is impor- eral debate the bill shall be considered for tant, but we need to fund these pro- amendment under the five-minute rule. In greatly changed our economy by bring- grams. That is something that this Re- lieu of the amendments recommended by the ing about increased efficiencies in pro- publican Congress has failed to do. Committees on Energy and Commerce and ductivity. Virtually every sector of our Mr. Speaker, I yield back the balance Ways and Means now printed in the bill, the economy benefits from the use of new of my time. amendment in the nature of a substitute information technologies. Mr. BISHOP of Utah. Mr. Speaker, in printed in part A of the report of the Com- Right here in Congress, for example, closing, I wish to try and address my mittee on Rules accompanying this resolu- the use of technology has opened up action, modified by the amendment printed in remarks to the bill we have before us cess to the workings of our democracy part B of such report, shall be considered as like never before. Technology allows and hopefully keep them germane to adopted in the House and in the Committee the particular issue we have in front of of the Whole. The bill, as amended, shall be our constituents to quickly view the us. considered as the original bill for the pur- status of a bill or to look up our voting We have a very good conference re- pose of further amendment under the five- records. port. It is a conference report which is minute rule and shall be considered as read. Mr. Speaker, the health care indus- just what a conference report is, a ne- All points of order against provisions in the try has not fully embraced the advan- bill, as amended, are waived. Notwith- tages and benefits of information tech- gotiated compromise between both par- standing clause 11 of rule XVIII, no amend- ties and both Houses of this Congress, nology. According to a study by the ment to the bill, as amended, shall be in RAND Corporation, only 15 percent of which means, in essence, we have 535 order except those printed in part C of the physicians and 20 percent of hospitals different opinions and we have com- report of the Committee on Rules. Each such use computerized patient files. promised down to one bill, which I amendment may be offered only in the order printed in the report, may be offered only by Broad use of information technology think satisfies the base needs of all of in the health care system would cer- us, or at least the vast majority of us a Member designated in the report, shall be considered as read, shall be debatable for the tainly improve the quality and effi- who are in Congress right now. time specified in the report equally divided ciency of health care delivery. This is legislation that reflects legis- and controlled by the proponent and an op- The use of health information tech- lative priorities as to funding for voca- ponent, shall not be subject to amendment, nology is increasingly necessary to de- tional education. and shall not be subject to a demand for divi- liver the best care possible to individ- sion of the question in the House or in the uals with chronic illnesses. The use of b 1045 Committee of the Whole. All points of order health care IT would also promote It provides more funds than perhaps against such amendments are waived. At the conclusion of consideration of the bill for interoperability between providers and the programs that have been assigned payers. to us by the Constitution would do to amendment the Committee shall rise and report the bill, as amended, to the House with Efficiencies from coordinated devel- this particular body. But it does reflect such further amendments as may have been opment of health IT will accelerate and those priorities. adopted. The previous question shall be con- advance private and public efforts to Mr. Speaker, I urge my colleagues to sidered as ordered on the bill and amend- improve quality, lower costs, reduce support this resolution because a ‘‘yes’’ ments thereto to final passage without inter- fraud and abuse, and promote the co- vote moves us forward. A ‘‘no’’ vote on vening motion except one motion to recom- ordination of care. The synergy of this resolution would harm kids. Mr. mit with or without instructions. these efficiencies will help achieve bet- Speaker, I support the resolution and SEC. 2. After passage of H.R. 4157, it shall be in order to consider in the House S. 1418. ter health outcomes for patients. the underlying legislation. All points of order against the Senate bill The Health Information Technology Mr. Speaker, I yield back the balance and against its consideration are waived. It Promotion Act, which we bring to the of my time, and I move the previous shall be in order to move to strike all after floor today, will improve the quality of question on the resolution. the enacting clause of the Senate bill and to care Americans receive through na- The previous question was ordered. insert in lieu thereof the provisions of H.R. tional adoption of electronic medical The resolution was agreed to. 4157 as passed by the House. All points of records and e-prescribing systems. A motion to reconsider was laid on order against that motion are waived. If the The legislation promotes the adop- the table. motion is adopted and the Senate bill, as tion and use of interoperable health in- amended, is passed, then it shall be in order f to move that the House insist on its amend- formation technology that prevents ments to S. 1418 and request a conference medical and prescription errors and PROVIDING FOR CONSIDERATION with the Senate thereon. costly duplicate tests, eliminates lost OF H.R. 4157, HEALTH INFORMA- SEC. 3. House Resolution 924 is laid upon medical records, simplifies our admin- TION TECHNOLOGY PROMOTION the table. istrative system, and improves medical ACT OF 2006 The SPEAKER pro tempore. The gen- care and the treatment of chronic ill- Mr. LINCOLN DIAZ-BALART of tleman from Florida (Mr. LINCOLN nesses. Florida. Mr. Speaker, by direction of DIAZ-BALART) is recognized for 1 hour. The legislation we bring to the floor the Committee on Rules, I call up Mr. LINCOLN DIAZ-BALART of today provides grants for the use of House Resolution 952 and ask for its Florida. Mr. Speaker, for the purpose health information technology to co- immediate consideration. of debate only, I yield the customary 30 ordinate care among the uninsured and The Clerk read the resolution, as fol- minutes to the gentlewoman from Cali- to implement technology in small phy- lows: fornia (Ms. MATSUI), pending which I sician practices. It also updates diag- yield myself such time as I may con- nostic coding, systems for the digital H. RES. 952 sume. During consideration of this res- age, and provides for an expedited proc- Resolved, That at any time after the adoption of this resolution the Speaker may, pur- olution, all time yielded is for the pur- ess to update standards. suant to clause 2(b) of rule XVIII, declare the pose of debate only. Mr. Speaker, this legislation was in- House resolved into the Committee of the (Mr. LINCOLN DIAZ-BALART of troduced by Congresswoman NANCY Whole House on the state of the Union for Florida asked and was given permis- JOHNSON, my dear friend, who is a true consideration of the bill (H.R. 4157) to amend sion to revise and extend his remarks.) expert in the field of health care. It the Social Security Act to encourage the dis- Mr. LINCOLN DIAZ-BALART of was reported out of the House Energy semination, security, confidentiality, and Florida. Mr. Speaker, the rule provides and Commerce Committee. We believe usefulness of health information technology. 1 hour of general debate with 35 min- it is time that the health care industry The first reading of the bill shall be dis- utes equally divided and controlled by moves to a digital future, and this leg- pensed with. All points of order against con- the chairman and ranking minority sideration of the bill are waived. General de- islation is an important step in seeing bate shall be confined to the bill and shall member of the Committee on Energy that to reality. not exceed one hour, with 35 minutes equally and Commerce and 25 minutes equally Mr. Speaker, I would like to thank divided and controlled by the chairman and divided and controlled by the chairman Congresswoman JOHNSON and Chair- ranking minority member of the Committee and ranking minority member on the man BARTON and Chairman THOMAS for

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.009 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5963 their leadership on this important Information technology could make Mrs. CAPPS. I thank my colleague issue. I urge my colleagues to support this amazing program even better. for yielding. the rule that brings this legislation Widespread adoption of this technology Mr. Speaker, I rise in strong opposi- forth as well as the underlying legisla- would enhance this expert advice by al- tion to the rule for H.R. 4157. As a tion. lowing the rural doctor to send Levi’s nurse, of course I want to see the ex- Mr. Speaker, I reserve the balance of medical history to the specialists at panded use of health information tech- my time. UC Davis instantly. nology, such as electronic medical Ms. MATSUI. Mr. Speaker, I thank UC Davis has begun to implement records. Expanded use of health IT my good friend, the gentleman from electronic medical records, but many holds great promise for facilitating Florida, for yielding me time; and I of these outlying areas cannot afford better care, reducing medical errors, yield myself such time as I may con- this technology without seed money. and eliminating burdensome paper- sume. That is the goal of establishing a na- work, but the bill before us today has a (Ms. MATSUI asked and was given tional health information infrastruc- glaring omission: It has no privacy pro- permission to revise and extend her re- ture. But we know such a comprehen- tection for patients. marks.) sive program isn’t cheap. It could cost A privacy amendment I sponsored Ms. MATSUI. Mr. Speaker, every individual hospitals several million along with Representatives MARKEY, Member of Congress recognizes the im- dollars and individual physicians EMANUEL, DOGGETT, and KENNEDY was portance of health information tech- $20,000 or $30,000 apiece. killed by the Republicans on the Rules nology. It holds the potential to save So the issue needs more than Federal Committee even though there is bipar- lives by reducing medical errors, and it guidelines. It needs Federal financial tisan support for this measure. As can make our health care system more support, seed money in a sense. Unfor- usual, the House won’t be voting on a efficient by providing better care while tunately, the bill we will debate today measure because the Republican lead- keeping costs down. falls far short. It provides only $40 mil- ership opposes it but is afraid that if In short, we could revolutionize the lion in Federal grants. In a $1.3 trillion we debate and vote on it in the House, way our health care is delivered. What health care system, this does not even they might lose the vote. exactly is the potential? Physicians scratch the service. Let’s be clear, there is no comprehen- could have access to every relevant In fact, the nonpartisan Congres- sive privacy protection in this bill be- part of a patient’s medical history at sional Budget Office, CBO, says the fore us today. That means your per- the precise moment a life-or-death de- bill, as written, will do almost nothing sonal sensitive health information is cision needs to be made. to encourage health information tech- vulnerable. That means there is no re- It is the tens of thousands of lives nology. According to their analysis, it course you could take to hold individ- saved because of fewer medical errors. will not significantly influence the uals accountable if they improperly ob- It means the newest ‘‘Physicians Desks rate at which health information tech- tain or disclose your most personal pri- Reference’’ and the most cutting-edge nology is adopted, nor will it ensure vate information. medical research on a hand-held device better quality technology. Opponents of privacy protection will that a doctor can have at the patient’s Democrats have proposed a more ef- argue that current HIPAA regulations bedside. fective proposal, backed by Federal are adequate. That argument is flawed. This is not pie-in-the-sky ambition. seed money, just like the bipartisan The lack of enforcement of privacy Some health care leaders have already Senate bill does. We would also add protections is widely known in the begun to adopt these ideas with great new privacy laws to strengthen patient health community. Because of that, success. In the year 2000, the Veterans protections. This would prepare us for surveys show fewer entities are com- Administration implemented the most the health information age. plying with HIPAA because they fear advanced electronic medical records It would require patients to give no consequences for privacy violations. system in the United States. their consent before their health infor- And, these violations are occurring. A recent article in Business Week mation could be shared with other peo- Our privacy amendment would have noted that ‘‘while studies show that 3 ple. It also requires data encryption to guaranteed that you would be notified to 8 percent of the Nation’s prescrip- protect these health information net- if your information is improperly dis- tions are filed erroneously, the VA’s works from hackers. closed and it would have allowed you It sides with patients by making sure prescription accuracy rate is greater recourse. that everyone, every individual and than 99.99 percent, a level most hos- The amendment should have been every health entity, complies with pri- pitals only dream about.’’ made in order because its provisions vacy protections. It should not be surprising that while are essential to protecting patients’ Unfortunately, late last night the many patients lost their paper medical rights during the nationwide adoption Rules Committee denied the House the records in the terrible aftermath of of health information technology. So I opportunity to debate the Democratic Hurricane Katrina, veterans did not. urge my colleagues to oppose the rule alternative on the floor. As a result, I Veterans living in New Orleans were until we are allowed to consider a bill will be urging my colleagues to defeat able to access their medical records at that protects our rights as patients the previous question and defeat this other VA hospitals because of health and, indeed, the rights of all patients. rule. information technology. Mr. LINCOLN DIAZ-BALART of Another example comes from my b 1100 Florida. Mr. Speaker, I reserve the bal- hometown of Sacramento. The UC Mr. Speaker, information technology ance of my time. Davis Medical Center has a world-re- will bring our Nation’s health care sys- Ms. MATSUI. Mr. Speaker, I yield 3 nowned telemedicine program which tem tremendous benefits, but the devil minutes to the gentlewoman from Cali- connects patients in 80 rural areas is often in the details. This technology fornia, my good friend (Ms. ESHOO). across California to an immense will not install itself. It will spread Ms. ESHOO. I thank our distin- amount of specialty care in Sac- only with the right kind of Federal guished member of the Rules Com- ramento. leadership. So, I urge my colleagues to mittee. Let me tell you the story of Levi, a support the Democratic substitute and Mr. Speaker, I rise this morning in child who lives on a ranch in a nine- support the responsible approach to na- opposition to the rule and in opposition person town 60 miles north of Sac- tional health information technology. to the bill, and I want to state very ramento. After accidentally suffering Mr. Speaker, I reserve the balance of clearly why. I believe that this bill is third-degree burns on his leg, his par- my time. deeply deficient. And I am very dis- ents took him to the closest hospital. Mr. LINCOLN DIAZ-BALART of appointed because I had high hopes for Because of UC Davis’s telemedicine Florida. Mr. Speaker, I reserve the bal- this bill. At one time I was a cosponsor program, Levi was treated by one of ance of my time. of it, but I removed my name from the the few pediatric burn specialists in Ms. MATSUI. Mr. Speaker, I yield 2 bill when I saw what the deficiencies this country remotely from Sac- minutes to my good friend, the gentle- were and that the majority would not ramento. woman from California (Mrs. CAPPS). address them.

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.012 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5964 CONGRESSIONAL RECORD — HOUSE July 27, 2006 My colleague, Mrs. CAPPS, has just nurse that has a key that can open give the data miners, let’s give these eloquently outlined the deep deficiency that drawer and pull out your family’s consultants, let’s give these insurance relative to privacy. If you ask any private records, that you have con- companies what they want now, and we American about privacy and if they fidence that that physician, that that will come back and revisit the privacy want it protected in their financial nurse is not going to tell everyone else issue after there is a catastrophic com- records and their medical records, in town what the secrets are of your promise of privacy affecting millions of there will be a resounding yes. This bill husband, of your wife, of your child, of American families. That is not exer- has no protection for the American your mother or your father, that there cising the responsibility that should be people relative to privacy. are protections, that privacy is sacred, exercised. Vote ‘‘no’’ on this rule. Vote The second point, which is really a that your physician is a privacy keeper ‘‘no’’ on this bill. shame, that an HIT, health informa- and not a data mining information Mr. LINCOLN DIAZ-BALART of tion technology bill, does not assure seeker. Florida. Mr. Speaker, I yield myself interoperability. My colleague from As we move to this new era where in- such time as I may consume. Florida mentioned this in his state- formation is being abrogated by med- Mr. Speaker, Yeats wrote many won- ment. There isn’t going to be any ical insurance companies, HMOs, med- derful, beautiful things. We in the point, it won’t matter if every doctor, ical consultants, medical data mining Rules Committee deal with reality. every hospital in our country has in- companies, that we build in at the be- The reality of the rule that we bring to the floor today in order to bring the vested in robust IT technology if they ginning of this era the privacy protec- underlying legislation on information can’t communicate with one another. tions, the guarantees that each individ- technology for the health care industry What this bill provides is that down ual’s family has a right to say, ‘‘I don’t brings forth and authorizes six amend- the road, down the road 3 years, 5 years want my family’s psychiatric records, I ments, six amendments to be debated don’t want my child’s medical records, there may be interoperability. Does the by this House. majority not understand that in the I don’t want this information, mental Our function is to listen, and we lis- market in terms of information tech- health, prescription drug records or tened hour after hour after hour after nology that products change 6 months, other personal medical data put online hour, with great respect, in the Rules 8 months. And so there isn’t anything without my permission. I just don’t Committee to our colleagues who come in the bill that assures that interoper- want it spread around without my per- forth with multiple ideas. We bring ability is going to take place. mission, without my family’s permis- forth six amendments for the consider- I offered an amendment in the Rules sion.’’ ation of this entire body today. Of the Committee that was turned down. It So I went to the Rules Committee, six amendments, four are authored by ensured that purchasers and vendors in and Congressmen KENNEDY, EMANUEL, Members of the opposition, of the Dem- the HIT marketplace will be able to DOGGETT, CAPPS, we requested that we ocrat Party; one is a bipartisan amend- rely on representations about compli- have that debate here on the House ment, Republican and Democrat; and ance with the interoperability stand- floor, and the Republican leadership one is a Republican amendment. We ards adopted under this legislation by said no. No, we are just going to listen think we are being fair, Mr. Speaker. creating a voluntary certification proc- to the insurance industry. We are going So we seek not to bring forth the ess for HIT products. to listen to the HMO industry. We are beauty of Yeats, but in dealing with re- Dr. David Brailer, the first national not going to allow a debate on medical ality, in dealing with listening to hours coordinator for health IT, said last privacy on the House floor as we move of testimony from our colleagues, in month that if the government does not to this new era. authorizing four amendments of Demo- immediately employ interoperability And I will tell you something, this is crats, one of a Republican, one of a bi- standards in its purchasing, the adop- about as serious an issue as people can partisan nature, we think we have done tion of the standards in the market- imagine affecting their family, and a fair job. And that is what we have au- place could take 5 to 7 years instead of there are 84 million good reasons why thorized for consideration, for debate 1 or 2 to implement. we should have this debate: Because 84 by this House in the rule that brings So this is a wonderful vehicle, it million is the number of times over the forward this very important legislation sounds terrific, it is all shiny and last 2 years we have seen the com- that we will be hearing about, and we waxed up. Everyone looks at it and promise of the financial records of will be hearing about as the authors of says, doesn’t this look terrific? I hate American people, from the ChoicePoint the legislation explain it in detail. to dampen your spirits, but there isn’t scandal, these you can go right down I am very proud to be a supporter of any gas in the engine and this dog is the whole line. But now we have the the legislation. It is important that in- not going to hunt. It is an opportunity big enchilada, and that is the medical formation technology reach as much of that has been squandered, and I reluc- records of people’s families. the health care industry, patients, as tantly oppose the rule and the bill. And, by the way, this is not an issue possible so that mistakes are avoided, Mr. LINCOLN DIAZ-BALART of that divides along Democrat or Repub- and so that access to the great ad- Florida. Mr. Speaker, I reserve the bal- lican lines, liberal or conservative vances of technology are made avail- ance of my time. lines. It polls out at over 80 percent of able to the largest number of people. 1 There are important issues that this Ms. MATSUI. Mr. Speaker, I yield 4 ⁄2 all Americans that want the right to be minutes to my good friend the gen- able to protect their own personal med- legislation is going to be bringing forth tleman from Massachusetts (Mr. MAR- ical records. and dealing with and that this debate KEY). So what has happened then? Well, will entail. Mr. MARKEY. I thank the gentle- what has happened is the Republican b 1115 woman. The great Irish poet, William party is ignoring the fact that it polls Now, obviously in order for debate to Butler Yeats, used to say that, ‘‘In out at 80 percent Democrat and Repub- begin, we have to pass the rule which dreams begins responsibility.’’ lican. And what they decided to do is sets the terms of the debate. We are There is a dream here that we can to side with the insurance industry, proud of those terms of debate, the ex- place all of the medical records of all side with the HMOs who want to use traordinarily fair nature of the terms Americans online, that can have an IT our personal medical records as a prod- of that debate. As I have said, Mr. world where for the sake of patients we uct, as something that allows them to Speaker, four amendments made in can move medical information across go through and to identify useful infor- order are Democrat amendments, one hundreds, thousands of miles to save mation for the insurance industry, for is a Republican amendment, one is a the patient’s life. And that is great. HMOs. bipartisan amendment. That is a great dream. But that dream William Butler Yeats once said that, Mr. Speaker, I reserve the balance of will replace something that exists ‘‘In dreams begins responsibility.’’ my time. today, which is that when each of us That should happen here on the House Ms. MATSUI. Mr. Speaker, I yield 4 goes in to visit a physician, when our floor today. But the Republicans are minutes to my good friend, the gen- family member’s private medical abdicating that responsibility. They tleman from Rhode Island (Mr. KEN- records are inside a cabinet with a are saying, let’s give the HMOs, let’s NEDY).

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.014 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5965 Mr. KENNEDY of Rhode Island. Mr. chance. For that reason, I will oppose tections. I think it is relevant and Speaker, I thank the gentlewoman for the rule and oppose the underlying bill. should be pointed out that the very sig- yielding me this time. Ms. MATSUI. Mr. Speaker, I yield nificant and extensive privacy protec- Mr. Speaker, I have been working on myself such time as I may consume. tions contained in the Health Insur- this issue for several years. I have met Mr. Speaker, I am asking Members to ance Portability and Accountability with countless groups across this coun- vote ‘‘no’’ on the previous question so I Act of 1996 are not reduced in any way try. I have forged bipartisan relation- can amend this rule and allow the by this legislation that we bring forth ships to bring a solid piece of legisla- House to consider the Dingell-Rangel to the floor today. tion before this House, and today I am substitute. This substitute was offered In fact, the American Psychiatric As- disappointed to say that this legisla- in the Rules Committee last night, but sociation, the American Psychological tion does not meet the mark. was blocked on a straight party-line Association, the National Association The Congressional Budget Office vote. of Social Workers, the National Mental itself has said this legislation, quote, Mr. Speaker, I ask unanimous con- Health Association have said in a let- would not significantly affect either sent to print the text of the amend- ter to the Energy and Commerce Com- the rate at which the use of health ment and extraneous materials imme- mittee, ‘‘The Energy and Commerce technology will grow or how well that diately prior to the vote on the pre- language ensures that the current pro- technology will be designed and imple- vious question. tections in the Health Insurance Port- mented. The SPEAKER pro tempore (Mr. ability and Accountability Act of 1996 So what is the point? If we cannot PRICE of Georgia). Is there objection to are maintained, and we wish to com- get this technology in the hands of the the request of the gentlewoman from mend the approach to privacy protec- providers, what are we doing here? This California? tions that the Energy and Commerce legislation does not require us to adopt There was no objection. Committee proposes to take.’’ standards that are interoperability Ms. MATSUI. Mr. Speaker, I believe I mean, it is relevant to point this standards for all on a date certain. We the Dingell-Rangel substitute offers out because much has been said that need to do this within the next year Members a far better choice than the would seem or could be interpreted to and a half. We could do this within the underlying bill. contradict what I have just read from next year. This substitute is based on the bipar- the American Psychiatric Association, We should be taking this opportunity tisan bill that was introduced by Sen- the American Psychological Associa- and passing real health care informa- ators FRIST, ENZI, KENNEDY and CLIN- tion, the National Association of So- tion technology legislation; but, in- TON and passed unanimously by the cial Workers, the National Mental stead, we are passing a shadow of a bill Senate last November. This substitute Health Association, very responsible that misses the opportunity to pass also contains important privacy pro- entities that look out for the interests real opportunities for savings, both in tections necessary in this new elec- of many citizens who receive health people’s lives and in countless dollars tronic world. care. across this country. The Democratic substitute requires So, Mr. Speaker, urging the support Mr. Speaker, we spend twice what the Federal Government to take a lead- of the underlying legislation, I also every other industrialized nation ing role in the adoption of standards urge all of my colleagues to support spends on health care. It is the worst for technology and adopting tech- this rule, which is very fair, makes system when it comes to employers nology that will permit providers and more than twice as many amendments paying incredible premiums. We see others to communicate to each other by Democrats than by Republicans in employees paying incredible premiums. electronically. This substitute will pro- order. It is precisely in our interest to We are seeing providers complain. No- vide $257 million in grants and loans go the extra mile for fairness. body is happy with the current health for providers and regional Mr. DINGELL. Mr. Speaker, I rise in strong care system; and, yet, what are we collaboratives to buy and implement opposition to this rule. There once was a time doing about it? We are missing the op- health information technology. when we considered legislation under open portunity today. This substitute also provides privacy rules. Any Member could offer an amendment. We could provide technology today protections beyond those in current That was the way I, as chairman of the Com- that would help us implement quality law to ensure that patients’ health in- mittee on Energy and Commerce, brought bills standards so that when you are being formation is secure. It requires that all to the House floor. treated, whether it is in Iowa or Rhode individuals and entities with access to Eventually amendments were limited, per- Island or New York, you get the same personal health information must com- haps under the guise of efficiency. But cer- standard of care. But are those quality ply with privacy protections to main- tainly the minority should be allowed to offer provisions in this bill? No, they are tain patient confidentiality. The sub- an alternative. Democrats brought an alter- not. stitute also requires data encryption to native to the Committee on Rules. It was sup- We can make sure that we have pro- prevent security breaches and the noti- ported by every Democrat on our committee. visions in this bill to have the privacy fication of patients in case of a secu- It was not a radical alternative. It was iden- protections in place, as Mr. MARKEY rity breach. Finally, it allows patients tical to the bill that passed the Senate unani- just talked about. Are they in this bill? to seek redress when their privacy is mously, with the addition of language to pro- No, they are not. breached. tect patient privacy. Yet this rule blocks the of- How can we have an IT bill that does I want Members to be aware that a fering of our proposal. not set a date certain for technology, ‘‘no’’ vote will not stop us from consid- If my Republican colleagues disagree with that does not have quality provisions ering H.R. 4157. A ‘‘no’’ vote will sim- this substitute, fine—vote against it, but don’t in place so that we can use technology ply allow the Dingell-Rangel substitute hide behind a rule that prevents us from offer- to bring the best and evidence-based to be considered by this House by an ing it. medicines to the bedside? How can we up-or-down vote. If we had an open rule, we could fairly de- not have provisions to protect privacy Vote ‘‘no’’ on the previous question bate this important issue. All of us want to im- in an age when we are going electronic so we can consider this important and prove health information technology. One hun- in health care records? responsible substitute. dred Senators voted for a bill to do so, but Mr. Speaker, this bill falls way short Mr. Speaker, I yield back the balance under this closed rule, if a Member of the of our opportunities to make a funda- of my time. House wanted to offer that Senate bill, which mental change in our health care sys- Mr. LINCOLN DIAZ-BALART of was sponsored by Republican Majority Leader tem. I am sorry I am going to have to Florida. Mr. Speaker, I yield myself FRIST, along with Senator ENZI, KENNEDY, and oppose this rule. I am going to have to such time as I may consume. CLINTON, he or she could not do so. oppose this bill because I think it falls I thank all of my colleagues who That’s right—my rubber stamp Republican way short of the opportunities we have have participated in this very inter- colleagues are about to pass a rule that been given to make the most of this esting debate today. Much has been makes sure that a bill that passed unani- chance to get a better health care sys- made by opponents of the legislation of mously in the Senate cannot even get a vote tem today. We are squandering that arguments with regard to privacy pro- in the House. It is a closed rule and that

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 4634 Sfmt 9920 E:\CR\FM\K27JY7.016 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5966 CONGRESSIONAL RECORD — HOUSE July 27, 2006 means only amendments that the Republican ‘‘(C) a health maintenance organization (as ‘‘(1) serve as the principal advisor to the leaders can accept will get a vote. defined in section 2791(b)(3)). Secretary concerning the development, ap- I have read that many of my Republican col- ‘‘(4) INDIVIDUALLY IDENTIFIABLE HEALTH IN- plication, and use of health information leagues are trying to distance themselves from FORMATION.—The term ‘individually identifi- technology, and coordinate and oversee the able health information’ has the meaning health information technology programs of the policies of the House Republican leader- given such term in section 1171 of the Social the Department; ship. Well, here is your chance. Reject a rule Security Act. ‘‘(2) facilitate the adoption of a nation- that prohibits Members from offering a sub- ‘‘(5) LABORATORY.—The term ‘laboratory’ wide, interoperable system for the electronic stitute that consists of a bill passed unani- has the meaning given that term in section exchange of health information; mously by 100 Senators. Reject a rule that 353. ‘‘(3) ensure the adoption and implementa- prohibits an amendment dealing with the pri- ‘‘(6) PHARMACIST.—The term ‘pharmacist’ tion of standards for the electronic exchange vacy of personal medical records. has the meaning given that term in section of health information to reduce cost and im- But we know the fix is in. Why else did not 804 of the Federal Food, Drug, and Cosmetic prove health care quality; Act. ‘‘(4) ensure that health information tech- a single Republican Member go to the Rules ‘‘(7) QUALIFIED HEALTH INFORMATION TECH- nology policy and programs of the Depart- Committee to ask for a rule to allow them to NOLOGY.—The term ‘qualified health infor- ment are coordinated with those of relevant offer a bill supported by 100 Senators? Why mation technology’ means a computerized executive branch agencies (including Federal else did not a single Republican Member care system (including hardware and software) commissions) with a goal of avoiding dupli- to offer an amendment to protect the privacy that— cation of efforts and of helping to ensure of medical records? ‘‘(A) protects the privacy and security of that each agency undertakes health informa- A vote for this closed rule is, quite simply, health information; tion technology activities primarily within a vote against bipartisanship. It is a vote ‘‘(B) maintains and provides permitted ac- the areas of its greatest expertise and tech- against privacy protections for Americans. And cess to health information in an electronic nical capability; format; ‘‘(5) to the extent permitted by law, coordi- it is a vote against getting a bill signed into ‘‘(C) incorporates decision support to re- nate outreach and consultation by the rel- law this Congress. duce medical errors and enhance health care evant executive branch agencies (including The material previously referred to quality; Federal commissions) with public and pri- by Ms. MATSUI is as follows: ‘‘(D) complies with the standards adopted vate parties of interest, including con- PREVIOUS QUESTION FOR H. RES. 952—H.R. by the Federal Government under section sumers, payers, employers, hospitals and 4157 HEALTH INFORMATION TECHNOLOGY 2903; and other health care providers, physicians, com- PROMOTION ACT OF 2006 ‘‘(E) allows for the reporting of quality munity health centers, laboratories, vendors At the end of the resolution, add the fol- measures under section 2908. and other stakeholders; lowing: ‘‘(8) STATE.—The term ‘State’ means each ‘‘(6) advise the President regarding specific SEC. 4. Notwithstanding any other provi- of the several States, the District of Colum- Federal health information technology pro- sion of this resolution the amendment speci- bia, Puerto Rico, the Virgin Islands, Guam, grams; and fied in section 5 shall be in order as though American Samoa, and the Northern Mariana ‘‘(7) prepare the reports described under printed after the amendment numbered 6 in Islands. section 2903(i) (excluding paragraph (4) of the report of the Committee on Rules if of- ‘‘SEC. 2902. OFFICE OF THE NATIONAL COORDI- such section). fered by Representative Dingell of Michigan NATOR OF HEALTH INFORMATION ‘‘(d) DETAIL OF FEDERAL EMPLOYEES.— TECHNOLOGY. or Representative Rangel of New York or a ‘‘(1) IN GENERAL.—Upon the request of the ‘‘(a) OFFICE OF NATIONAL HEALTH INFORMA- designee. That amendment shall be debat- National Coordinator, the head of any Fed- TION TECHNOLOGY.—There is established able for 30 minutes equally divided and con- eral agency is authorized to detail, with or within the Office of the Secretary an Office trolled by the proponent and an opponent. without reimbursement from the Office, any of the National Coordinator of Health Infor- SEC. 5. The amendment referred to in sec- of the personnel of such agency to the Office mation Technology (referred to in this section 2 is as follows: to assist it in carrying out its duties under tion as the ‘Office’). The Office shall be head- AMENDMENT IN THE NATURE OF A SUBSTITUTE ed by a National Coordinator who shall be this section. TO H.R. 4157, AS REPORTED appointed by the Secretary and shall report ‘‘(2) EFFECT OF DETAIL.—Any detail of per- Strike all after the enacting clause and indirectly to the Secretary. sonnel under paragraph (1) shall— sert the following: ‘‘(b) PURPOSE.—It shall be the purpose of ‘‘(A) not interrupt or otherwise affect the civil service status or privileges of the Fed- SECTION 1. SHORT TITLE. the Office to coordinate with relevant Fed- eral employee; and This Act may be cited as the ‘‘Wired for eral agencies and private entities and over- ‘‘(B) be in addition to any other staff of the Health Care Quality Act’’. see programs and activities to develop a nationwide interoperable health information Department employed by the National Coor- SEC. 2. IMPROVING HEALTH CARE QUALITY, dinator. SAFETY, AND EFFICIENCY. technology infrastructure that— ‘‘(3) ACCEPTANCE OF DETAILEES.—Notwith- The Public Health Service Act (42 U.S.C. ‘‘(1) ensures that patients’ individually standing any other provision of law, the Of- 201 et seq.) is amended by adding at the end identifiable health information is secure and fice may accept detailed personnel from the following: protected; ‘‘(2) improves health care quality, reduces other Federal agencies without regard to ‘‘TITLE XXIX—HEALTH INFORMATION medical errors, and advances the delivery of whether the agency described under para- TECHNOLOGY AND QUALITY patient-centered medical care; graph (1) is reimbursed. ‘‘SEC. 2901. DEFINITIONS. ‘‘(3) reduces health care costs resulting ‘‘(e) RULE OF CONSTRUCTION.—Nothing in ‘‘In this title: from inefficiency, medical errors, inappro- this section shall be construed to require the ‘‘(1) HEALTH CARE PROVIDER.—The term priate care, and incomplete information; duplication of Federal efforts with respect to ‘health care provider’ means a hospital, ‘‘(4) ensures that appropriate information the establishment of the Office, regardless of skilled nursing facility, home health entity, to help guide medical decisions is available whether such efforts were carried out prior health care clinic, federally qualified health at the time and place of care; to or after the enactment of this title. center, group practice (as defined in section ‘‘(5) promotes a more effective market- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 1877(h)(4) of the Social Security Act), a phar- place, greater competition, and increased There are authorized to be appropriated to macist, a pharmacy, a laboratory, a physi- choice through the wider availability of ac- carry out this section, $5,000,000 for fiscal cian (as defined in section 1861(r) of the So- curate information on health care costs, year 2007, $5,000,000 for fiscal year 2008, and cial Security Act), a practitioner (as defined quality, and outcomes; such sums as may be necessary for each of in section 1842(b)(18)(CC) of the Social Secu- ‘‘(6) improves the coordination of care and fiscal years 2009 through 2011. rity Act), a health facility operated by or information among hospitals, laboratories, pursuant to a contract with the Indian physician offices, and other entities through ‘‘SEC. 2903. AMERICAN HEALTH INFORMATION Health Service, a rural health clinic, and any an effective infrastructure for the secure and COLLABORATIVE. other category of facility or clinician deter- authorized exchange of health care informa- ‘‘(a) PURPOSE.—The Secretary shall estab- mined appropriate by the Secretary. tion; lish the public-private American Health In- ‘‘(2) HEALTH INFORMATION.—The term ‘‘(7) improves public health reporting and formation Collaborative (referred to in this ‘health information’ has the meaning given facilitates the early identification and rapid section as the ‘Collaborative’) to— such term in section 1171(4) of the Social Se- response to public health threats and emer- ‘‘(1) advise the Secretary and recommend curity Act. gencies, including bioterror events and infec- specific actions to achieve a nationwide ‘‘(3) HEALTH INSURANCE PLAN.—The term tious disease outbreaks; interoperable health information technology ‘health insurance plan’ means— ‘‘(8) facilitates health research; and infrastructure; ‘‘(A) a health insurance issuer (as defined ‘‘(9) promotes prevention of chronic dis- ‘‘(2) serve as a forum for the participation in section 2791(b)(2)); eases. of a broad range of stakeholders to provide ‘‘(B) a group health plan (as defined in sec- ‘‘(c) DUTIES OF THE NATIONAL COORDI- input on achieving the interoperability of tion 2791(a)(1)); and NATOR.—The National Coordinator shall— health information technology; and

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JY7.004 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5967 ‘‘(3) recommend standards (including con- ‘‘(10) other policies (including rec- porting, surveillance, epidemiology, adverse tent, communication, and security stand- ommendations for incorporating health in- event reporting, research, or for other pur- ards) for the electronic exchange of health formation technology into the provision of poses determined appropriate by the Sec- information (including for the reporting of care and the organization of the health care retary, shall comply with standards adopted quality data under section 2908) for adoption workplace) determined to be necessary by under subsection (e). by the Federal Government and voluntary the Collaborative. ‘‘(h) VOLUNTARY ADOPTION.— adoption by private entities. ‘‘(d) STANDARDS.— ‘‘(1) IN GENERAL.—Any standards adopted ‘‘(b) COMPOSITION.— ‘‘(1) EXISTING STANDARDS.—The standards by the Federal Government under subsection ‘‘(1) IN GENERAL.—The Collaborative shall adopted by the Consolidated Health (e) shall be voluntary with respect to private be composed of members of the public and Informatics Initiative shall be deemed to entities. private sectors to be appointed by the Sec- have been recommended by the Collaborative ‘‘(2) RULE OF CONSTRUCTION.—Nothing in retary, including representatives from— under this section. this section shall be construed to require ‘‘(A) consumer or patient organizations; ‘‘(2) FIRST YEAR REVIEW.—Not later than 1 that a private entity that enters into a con- ‘‘(B) organizations with expertise in pri- year after the date of enactment of this title, tract with the Federal Government adopt vacy and security; the Collaborative shall— the standards adopted by the Federal Gov- ‘‘(C) health care providers; ‘‘(A) review existing standards (including ernment under this section with respect to ‘‘(D) health insurance plans or other third content, communication, and security stand- activities not related to the contract. party payors; ards) for the electronic exchange of health ‘‘(3) LIMITATION.—Private entities that ‘‘(E) information technology vendors; and information; enter into a contract with the Federal Gov- ‘‘(F) purchasers or employers. ‘‘(B) identify deficiencies and omissions in ernment shall adopt the standards adopted ‘‘(2) PARTICIPATION.—In appointing mem- such existing standards; and by the Federal Government under this sec- bers under paragraph (1), and in developing ‘‘(C) identify duplication and overlap in tion for the purpose of activities under such the procedures for conducting the activities such existing standards; Federal contract. of the Collaborative, the Secretary shall en- ‘‘(i) REPORTS.—The Secretary shall submit and recommend new standards and modifica- sure a balance among various sectors of the to the Committee on Health, Education, tions to such existing standards as nec- health care system so that no single sector Labor, and Pensions and the Committee on essary. unduly influences the recommendations of Finance of the Senate and the Committee on ‘‘(3) ONGOING REVIEW.—Beginning 1 year the Collaborative. Energy and Commerce and the Committee on after the date of enactment of this title, and ‘‘(3) TERMS.—Members appointed under Ways and Means of the House of Representa- annually thereafter, the Collaborative paragraph (1) shall serve for 2 year terms, ex- tives, on an annual basis, a report that— shall— cept that any member appointed to fill a va- ‘‘(1) describes the specific actions that ‘‘(A) review existing standards (including cancy for an unexpired term shall be ap- have been taken by the Federal Government content, communication, and security stand- pointed for the remainder of such term. A and private entities to facilitate the adop- ards) for the electronic exchange of health member may serve for not to exceed 180 days tion of an interoperable nationwide system information; after the expiration of such member’s term for the electronic exchange of health infor- ‘‘(B) identify deficiencies and omissions in or until a successor has been appointed. mation; such existing standards; and ‘‘(4) OUTSIDE INVOLVEMENT.—With respect ‘‘(2) describes barriers to the adoption of ‘‘(C) identify duplication and overlap in to the functions of the Collaborative, the such a nationwide system; such existing standards; Secretary shall ensure an adequate oppor- ‘‘(3) contains recommendations to achieve and recommend new standards and modifica- tunity for the participation of outside advi- full implementation of such a nationwide tions to such existing standards as nec- sors, including individuals with expertise system; and essary. in— ‘‘(4) contains a plan and progress toward ‘‘(4) LIMITATION.—The standards and time- ‘‘(A) health information privacy; the establishment of an entity to ensure the frame for adoption described in this section ‘‘(B) health information security; continuation of the functions of the Collabo- shall be consistent with any standards devel- ‘‘(C) health care quality and patient safety, rative. oped pursuant to the Health Insurance Port- including individuals with expertise in uti- ‘‘(j) APPLICATION OF FACA.—The Federal ability and Accountability Act of 1996. lizing health information technology to im- Advisory Committee Act (5 U.S.C. App.) ‘‘(e) FEDERAL ACTION.—Not later than 90 prove health care quality and patient safety; shall apply to the Collaborative, except that days after the issuance of a recommendation ‘‘(D) data exchange; and the term provided for under section 14(a)(2) from the Collaborative under subsection ‘‘(E) developing health information tech- shall be 5 years. nology standards and new health informa- (d)(2), the Secretary of Health and Human ‘‘(k) RULE OF CONSTRUCTION.—Nothing in tion technology. Services, the Secretary of Veterans Affairs, this section shall be construed to require the ‘‘(c) RECOMMENDATIONS AND POLICIES.—Not and the Secretary of Defense, in collabora- duplication of Federal efforts with respect to later than 1 year after the date of enactment tion with representatives of other relevant the establishment of the Collaborative, re- of this title, and annually thereafter, the Federal agencies, as determined appropriate gardless of whether such efforts were carried Collaborative shall recommend to the Sec- by the Secretary, shall jointly review such out prior to or after the enactment of this retary uniform national policies for adoption recommendations. If appropriate, the Sec- title. by the Federal Government and voluntary retary shall provide for the adoption by the ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.— adoption by private entities to support the Federal Government of any standard or There are authorized to be appropriated to widespread adoption of health information standards contained in such recommenda- carry out this section, $4,000,000 for fiscal technology, including— tion. year 2007, $4,000,000 for fiscal year 2008, and ‘‘(1) protection of individually identifiable ‘‘(f) COORDINATION OF FEDERAL SPENDING.— such sums as may be necessary for each of health information through privacy and se- ‘‘(1) IN GENERAL.—Not later than 1 year fiscal years 2009 through 2011. curity practices; after the adoption by the Federal Govern- ‘‘SEC. 2904. IMPLEMENTATION AND CERTIFI- ‘‘(2) measures to prevent unauthorized ac- ment of a recommendation as provided for in CATION OF HEALTH INFORMATION cess to health information, including unau- subsection (e), and in compliance with chap- STANDARDS. thorized access through the use of certain ter 113 of title 40, United States Code, no ‘‘(a) IMPLEMENTATION.— peer-to-peer file-sharing applications; Federal agency shall expend Federal funds ‘‘(1) IN GENERAL.—The Secretary, based ‘‘(3) methods to notify patients if their infor the purchase of any new health informa- upon the recommendations of the Collabo- dividually identifiable health information is tion technology or health information tech- rative, shall develop criteria to ensure uni- wrongfully disclosed; nology system for clinical care or for the form and consistent implementation of any ‘‘(4) methods to facilitate secure patient electronic retrieval, storage, or exchange of standards for the electronic exchange of access to health information; health information that is not consistent health information voluntarily adopted by ‘‘(5) fostering the public understanding of with applicable standards adopted by the private entities in technical conformance health information technology; Federal Government under subsection (e). with such standards adopted under this title. ‘‘(6) the ongoing harmonization of indus- ‘‘(2) RULE OF CONSTRUCTION.—Nothing in ‘‘(2) IMPLEMENTATION ASSISTANCE.—The try-wide health information technology paragraph (1) shall be construed to restrict Secretary may recognize a private entity or standards; the purchase of minor (as determined by the entities to assist private entities in the im- ‘‘(7) recommendations for a nationwide Secretary) hardware or software components plementation of the standards adopted under interoperable health information technology in order to modify, correct a deficiency in, or this title using the criteria developed by the infrastructure; extend the life of existing hardware or soft- Secretary under this section. ‘‘(8) the identification and prioritization of ware. ‘‘(b) CERTIFICATION.— specific use cases for which health informa- ‘‘(g) COORDINATION OF FEDERAL DATA COL- ‘‘(1) IN GENERAL.—The Secretary, based tion technology is valuable, beneficial, and LECTION.—Not later than 3 years after the upon the recommendations of the Collabo- feasible; adoption by the Federal Government of a rative, shall develop criteria to ensure and ‘‘(9) recommendations for the establish- recommendation as provided for in sub- certify that hardware and software that ment of an entity to ensure the continuation section (e), all Federal agencies collecting claim to be in compliance with applicable of the functions of the Collaborative; and health data for the purposes of quality re- standards for the electronic exchange of

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JY7.005 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5968 CONGRESSIONAL RECORD — HOUSE July 27, 2006 health information adopted under this title tion, use, modification, or disclosure of indi- ‘‘(C) with respect to an entity described in have established and maintained such com- vidually identifiable health information. subsection (a)(2)(C)(iii), a nonprofit health pliance in technical conformance with such ‘‘(6) The protections must provide for noti- care provider. standards. fication to any individual whose individually ‘‘(b) COMPETITIVE GRANTS TO STATES FOR ‘‘(2) CERTIFICATION ASSISTANCE.—The Sec- identifiable health information has been THE DEVELOPMENT OF STATE LOAN PROGRAMS retary may recognize a private entity or en- lost, stolen, or used for an unauthorized pur- TO FACILITATE THE WIDESPREAD ADOPTION OF tities to assist in the certification described pose by the entity responsible for the infor- HEALTH INFORMATION TECHNOLOGY.— under paragraph (1) using the criteria devel- mation and notification by the entity to the ‘‘(1) IN GENERAL.—The Secretary may oped by the Secretary under this section. Secretary. award competitive grants to States for the ‘‘(b) LIST OF ENTITIES.—The Secretary ‘‘(c) OUTSIDE INVOLVEMENT.—The Sec- establishment of State programs for loans to shall maintain a public list identifying enti- retary, through consultation with the Col- health care providers to facilitate the pur- ties whose health information has been lost, laborative, may accept recommendations on chase and enhance the utilization of quali- stolen, or used in an unauthorized purpose as the development of the criteria under sub- fied health information technology. described in subsection (a)(6) and how many sections (a) and (b) from a Federal agency or ‘‘(2) ESTABLISHMENT OF FUND.—To be eligi- private entity. patients were affected by such action. ‘‘(c) CONSTRUCTION.—Nothing in this sec- ble to receive a competitive grant under this ‘‘SEC. 2905. PRIVACY AND SECURITY PROTEC- tion shall be construed as superseding, alter- subsection, a State shall establish a quali- TIONS. ing, or affecting (in whole or in part) any fied health information technology loan fund ‘‘(a) IN GENERAL.—The Secretary shall pro- statute, regulation, order, or interpretation (referred to in this subsection as a ‘State vide for standards for health information in effect in any State that affords any person loan fund’) and comply with the other re- technology (as such term is used in this privacy and security protections greater quirements contained in this section. A title) that include the following privacy and than that the privacy and security protec- grant to a State under this subsection shall security protections: tions described in subsection (a), as deter- be deposited in the State loan fund estab- ‘‘(1) Except as provided in succeeding para- mined by the Secretary. lished by the State. No funds authorized by graphs, each entity must— ‘‘SEC. 2906. GRANTS TO FACILITATE THE WIDE- other provisions of this title to be used for ‘‘(A) expressly recognize the individual’s SPREAD ADOPTION OF INTEROPER- other purposes specified in this title shall be right to privacy and security with respect to ABLE HEALTH INFORMATION TECH- deposited in any State loan fund. the electronic disclosure of such informa- NOLOGY. ‘‘(3) ELIGIBILITY.—To be eligible to receive tion; ‘‘(a) COMPETITIVE GRANTS TO FACILITATE a grant under paragraph (1) a State shall— ‘‘(B) permit individuals to exercise their THE WIDESPREAD ADOPTION OF HEALTH INFOR- ‘‘(A) submit to the Secretary an applica- right to privacy and security in the elec- MATION TECHNOLOGY.— tion at such time, in such manner, and con- tronic disclosure of such information to an- ‘‘(1) IN GENERAL.—The Secretary may taining such information as the Secretary other entity by obtaining the individual’s award competitive grants to eligible entities may require; written or electronic informed consent, to facilitate the purchase and enhance the ‘‘(B) submit to the Secretary a strategic which consent may authorize multiple dis- utilization of qualified health information plan in accordance with paragraph (4); closures; technology systems to improve the quality ‘‘(C) establish a qualified health informa- ‘‘(C) permit an individual to prohibit ac- and efficiency of health care. tion technology loan fund in accordance with cess to certain categories of individuals (as ‘‘(2) ELIGIBILITY.—To be eligible to receive paragraph (2); defined by the Secretary) of particularly sen- a grant under paragraph (1) an entity shall— ‘‘(D) require that health care providers re- sitive information, including data relating ‘‘(A) submit to the Secretary an applica- ceiving such loans— to infection with the human immuno- tion at such time, in such manner, and con- ‘‘(i) link, to the extent practicable, the deficiency virus (HIV), to mental health, to taining such information as the Secretary qualified health information system to a may require; sexually transmitted diseases, to reproduc- local or regional health information net- ‘‘(B) submit to the Secretary a strategic tive health, to domestic violence, to sub- work; plan for the implementation of data sharing stance abuse treatment, to genetic testing or ‘‘(ii) consult with the Health Information and interoperability measures; information, to diabetes, and other informa- Technology Resource Center established in ‘‘(C) be a— tion as defined by the Secretary after con- section 914(d) to access the knowledge and ‘‘(i) not for profit hospital, including a fed- sent has been provided under subparagraph experience of existing initiatives regarding erally qualified health center (as defined in (B). the successful implementation and effective section 1861(aa)(4) of the Social Security ‘‘(2) Informed consent may be inferred, in use of health information technology; and Act); the absence of a contrary indication by the ‘‘(iii) agree to notify patients if their indi- ‘‘(ii) individual or group practice; or individual— ‘‘(iii) another health care provider not de- vidually identifiable health information is ‘‘(A) to the extent necessary to provide scribed in clause (i) or (ii); wrongfully disclosed; treatment and obtain payment for health ‘‘(D) adopt the standards adopted by the ‘‘(E) require that health care providers re- care in emergency situations; Federal Government under section 2903; ceiving such loans adopt the standards ‘‘(B) to the extent necessary to provide ‘‘(E) implement the measures adopted adopted by the Federal Government under treatment and payment where the health under section 2908 and report to the Sec- section 2903; care provider is required by law to treat the retary on such measures; ‘‘(F) require that health care providers re- individual; ‘‘(F) agree to notify patients if their indi- ceiving such loans implement the measures ‘‘(C) if the health care provider is unable to vidually identifiable health information is adopted under section 2908 and report to the obtain consent due to substantial barriers to wrongfully disclosed; Secretary on such measures; and communicating with the individual and the ‘‘(G) demonstrate significant financial ‘‘(G) provide matching funds in accordance provider reasonably infers from the cir- need; and with paragraph (8). cumstances, based upon the exercise of pro- ‘‘(H) provide matching funds in accordance ‘‘(4) STRATEGIC PLAN.— fessional judgment, that the individual does with paragraph (4). ‘‘(A) IN GENERAL.—A State that receives a not object to the disclosure or that the dis- ‘‘(3) USE OF FUNDS.—Amounts received grant under this subsection shall annually closure is in the best interest of the indi- under a grant under this subsection shall be prepare a strategic plan that identifies the vidual; and used to facilitate the purchase and enhance intended uses of amounts available to the ‘‘(D) to the extent that the information is the utilization of qualified health informa- State loan fund of the State. necessary to carry out or otherwise imple- tion technology systems and training per- ‘‘(B) CONTENTS.—A strategic plan under ment a medical practitioner’s order or pre- sonnel in the use of such technology. subparagraph (A) shall include— scription for health services, medical devices ‘‘(4) MATCHING REQUIREMENT.—To be eligi- ‘‘(i) a list of the projects to be assisted or supplies, or pharmaceuticals. ble for a grant under this subsection an enti- through the State loan fund in the first fis- ‘‘(3) The protections must prohibit the im- ty shall contribute non-Federal contribu- cal year that begins after the date on which proper use and disclosure of individually tions to the costs of carrying out the activi- the plan is submitted; identifiable health information by any entities for which the grant is awarded in an ‘‘(ii) a description of the criteria and meth- ty. amount equal to $1 for each $3 of Federal ods established for the distribution of funds ‘‘(4) The protections must provide any indi- funds provided under the grant. from the State loan fund; and vidual a right to obtain damages and other ‘‘(5) PREFERENCE IN AWARDING GRANTS.—In ‘‘(iii) a description of the financial status relief against any entity for the entity’s im- awarding grants under this subsection the of the State loan fund and the short-term proper use or disclosure of individually iden- Secretary shall give preference to— and long-term goals of the State loan fund. tifiable health information. ‘‘(A) eligible entities that are located in ‘‘(5) USE OF FUNDS.— ‘‘(5) The protections must require the use rural, frontier, and other underserved areas ‘‘(A) IN GENERAL.—Amounts deposited in a of reasonable safeguards, including audit ca- as determined by the Secretary; State loan fund, including loan repayments pabilities, encryption and other technologies ‘‘(B) eligible entities that will link, to the and interest earned on such amounts, shall that make data unusable to unauthorized extent practicable, the qualified health in- be used only for awarding loans or loan guar- persons, and other measures, against the formation system to local or regional health antees, or as a source of reserve and security risk of loss or unauthorized access, destruc- information plan or plans; and for leveraged loans, the proceeds of which

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are deposited in the State loan fund estab- ‘‘(i) IN GENERAL.—A State loan fund estab- ‘‘(viii) employers; and lished under paragraph (1). Loans under this lished under this subsection may accept con- ‘‘(ix) any other health care providers or section may be used by a health care pro- tributions from private sector entities, ex- other entities, as determined appropriate by vider to facilitate the purchase and enhance cept that such entities may not specify the the Secretary; the utilization of qualified health informa- recipient or recipients of any loan issued ‘‘(D) demonstrate the participation, to the tion technology and training of personnel in under this subsection. extent practicable, of stakeholders in the the use of such technology. ‘‘(ii) AVAILABILITY OF INFORMATION.—A electronic exchange of health information ‘‘(B) LIMITATION.—Amounts received by a State shall make publicly available the iden- within the local or regional plan pursuant to State under this subsection may not be tity of, and amount contributed by, any pri- paragraph (2)(C); used— vate sector entity under clause (i) and may ‘‘(E) adopt nondiscrimination and conflict ‘‘(i) for the purchase or other acquisition of issue letters of commendation or make other of interest policies that demonstrate a com- any health information technology system awards (that have no financial value) to any mitment to open, fair, and nondiscrim- that is not a qualified health information such entity. inatory participation in the health informa- technology system; ‘‘(8) MATCHING REQUIREMENTS.— tion plan by all stakeholders; ‘‘(ii) to conduct activities for which Fed- ‘‘(A) IN GENERAL.—The Secretary may not ‘‘(F) adopt the standards adopted by the eral funds are expended under this title, or make a grant under paragraph (1) to a State Secretary under section 2903; the amendments made by the Wired for unless the State agrees to make available ‘‘(G) require that health care providers re- Health Care Quality Act; or (directly or through donations from public or ceiving such grants implement the measures private entities) non-Federal contributions adopted under section 2908 and report to the ‘‘(iii) for any purpose other than making in cash toward the costs of the State pro- Secretary on such measures; loans to eligible entities under this section. gram to be implemented under the grant in ‘‘(H) agree to notify patients if their indi- ‘‘(6) TYPES OF ASSISTANCE.—Except as oth- an amount equal to not less than $1 for each vidually identifiable health information is erwise limited by applicable State law, $1 of Federal funds provided under the grant. wrongfully disclosed; amounts deposited into a State loan fund ‘‘(B) DETERMINATION OF AMOUNT OF NON- ‘‘(I) facilitate the electronic exchange of under this subsection may only be used for FEDERAL CONTRIBUTION.—In determining the health information within the local or re- the following: amount of non-Federal contributions that a gional area and among local and regional ‘‘(A) To award loans that comply with the State has provided pursuant to subparagraph areas; following: (A), the Secretary may not include any ‘‘(J) prepare and submit to the Secretary ‘‘(i) The interest rate for each loan shall be amounts provided to the State by the Fed- an application in accordance with paragraph less than or equal to the market interest eral Government. (3); and rate. ‘‘(9) PREFERENCE IN AWARDING GRANTS.— ‘‘(K) agree to provide matching funds in ac- ‘‘(ii) The principal and interest payments The Secretary may give a preference in cordance with paragraph (5). on each loan shall commence not later than awarding grants under this subsection to ‘‘(3) APPLICATION.— 1 year after the loan was awarded, and each States that adopt value-based purchasing ‘‘(A) IN GENERAL.—To be eligible to receive loan shall be fully amortized not later than programs to improve health care quality. a grant under paragraph (1), an entity shall 10 years after the date of the loan. ‘‘(10) REPORTS.—The Secretary shall annu- submit to the Secretary an application at ‘‘(iii) The State loan fund shall be credited ally submit to the Committee on Health, such time, in such manner, and containing with all payments of principal and interest Education, Labor, and Pensions and the such information as the Secretary may re- on each loan awarded from the fund. Committee on Finance of the Senate, and quire. ‘‘(B) To guarantee, or purchase insurance the Committee on Energy and Commerce and ‘‘(B) REQUIRED INFORMATION.—At a min- for, a local obligation (all of the proceeds of the Committee on Ways and Means of the imum, an application submitted under this which finance a project eligible for assist- House of Representatives, a report summa- paragraph shall include— ance under this subsection) if the guarantee rizing the reports received by the Secretary ‘‘(i) clearly identified short-term and long- or purchase would improve credit market ac- from each State that receives a grant under term objectives of the regional or local cess or reduce the interest rate applicable to this subsection. health information plan; the obligation involved. ‘‘(c) COMPETITIVE GRANTS FOR THE IMPLE- ‘‘(ii) a technology plan that complies with ‘‘(C) As a source of revenue or security for MENTATION OF REGIONAL OR LOCAL HEALTH the standards adopted under section 2903 and the payment of principal and interest on rev- INFORMATION TECHNOLOGY PLANS.— that includes a descriptive and reasoned esti- enue or general obligation bonds issued by ‘‘(1) IN GENERAL.—The Secretary may mate of costs of the hardware, software, the State if the proceeds of the sale of the award competitive grants to eligible entities training, and consulting services necessary bonds will be deposited into the State loan to implement regional or local health infor- to implement the regional or local health in- fund. mation plans to improve health care quality formation plan; ‘‘(D) To earn interest on the amounts de- and efficiency through the electronic ex- ‘‘(iii) a strategy that includes initiatives to posited into the State loan fund. change of health information pursuant to improve health care quality and efficiency, ‘‘(7) ADMINISTRATION OF STATE LOAN the standards, protocols, and other require- including the use and reporting of health FUNDS.— ments adopted by the Secretary under sec- care quality measures adopted under section ‘‘(A) COMBINED FINANCIAL ADMINISTRA- tions 2903 and 2908. 2908; TION.—A State may (as a convenience and to ‘‘(2) ELIGIBILITY.—To be eligible to receive ‘‘(iv) a plan that describes provisions to en- avoid unnecessary administrative costs) a grant under paragraph (1) an entity shall— courage the implementation of the elec- combine, in accordance with State law, the ‘‘(A) demonstrate financial need to the tronic exchange of health information by all financial administration of a State loan fund Secretary; physicians, including single physician prac- established under this subsection with the fi- ‘‘(B) demonstrate that one of its principal tices and small physician groups partici- nancial administration of any other revolv- missions or purposes is to use information pating in the health information plan; ing fund established by the State if other- technology to improve health care quality ‘‘(v) a plan to ensure the privacy and secu- wise not prohibited by the law under which and efficiency; rity of personal health information that is the State loan fund was established. ‘‘(C) adopt bylaws, memoranda of under- consistent with Federal and State law; ‘‘(B) COST OF ADMINISTERING FUND.—Each standing, or other charter documents that ‘‘(vi) a governance plan that defines the State may annually use not to exceed 4 per- demonstrate that the governance structure manner in which the stakeholders shall cent of the funds provided to the State under and decisionmaking processes of such entity jointly make policy and operational deci- a grant under this subsection to pay the rea- allow for participation on an ongoing basis sions on an ongoing basis; sonable costs of the administration of the by multiple stakeholders within a commu- ‘‘(vii) a financial or business plan that de- programs under this section, including the nity, including— scribes— recovery of reasonable costs expended to es- ‘‘(i) physicians (as defined in section 1861(r) ‘‘(I) the sustainability of the plan; tablish a State loan fund which are incurred of the Social Security Act), including physi- ‘‘(II) the financial costs and benefits of the after the date of enactment of this title. cians that provide services to low income plan; and ‘‘(C) GUIDANCE AND REGULATIONS.—The Sec- and underserved populations; ‘‘(III) the entities to which such costs and retary shall publish guidance and promul- ‘‘(ii) hospitals (including hospitals that benefits will accrue; and gate regulations as may be necessary to provide services to low income and under- ‘‘(viii) in the case of an applicant entity carry out the provisions of this subsection, served populations); that is unable to demonstrate the participa- including— ‘‘(iii) pharmacists or pharmacies; tion of all stakeholders pursuant to para- ‘‘(i) provisions to ensure that each State ‘‘(iv) health insurance plans; graph (2)(C), the justification from the enti- commits and expends funds allotted to the ‘‘(v) health centers (as defined in section ty for any such nonparticipation. State under this subsection as efficiently as 330(b)) and Federally qualified health centers ‘‘(4) USE OF FUNDS.—Amounts received possible in accordance with this title and ap- (as defined in section 1861(aa)(4) of the Social under a grant under paragraph (1) shall be plicable State laws; and Security Act); used to establish and implement a regional ‘‘(ii) guidance to prevent waste, fraud, and ‘‘(vi) rural health clinics (as defined in sec- or local health information plan in accord- abuse. tion 1861(aa) of the Social Security Act); ance with this subsection. ‘‘(D) PRIVATE SECTOR CONTRIBUTIONS.— ‘‘(vii) patient or consumer organizations; ‘‘(5) MATCHING REQUIREMENT.—

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‘‘(A) IN GENERAL.—The Secretary may not ‘‘(2) submit to the Secretary a strategic measuring the quality of care patients re- make a grant under this subsection to an en- plan for integrating qualified health infor- ceive. tity unless the entity agrees that, with re- mation technology in the clinical education ‘‘(b) REQUIREMENTS.—The Secretary shall spect to the costs to be incurred by the enti- of health professionals and for ensuring the ensure that the quality measures developed ty in carrying out the infrastructure pro- consistent utilization of decision support under this section comply with the fol- gram for which the grant was awarded, the software to reduce medical errors and en- lowing: entity will make available (directly or hance health care quality; ‘‘(1) MEASURES.— through donations from public or private en- ‘‘(3) be— ‘‘(A) REQUIREMENTS.—In developing the tities) non-Federal contributions toward ‘‘(A) a health professions school; quality measures under this section, the Sec- such costs in an amount equal to not less ‘‘(B) a school of nursing; or retary shall, to the extent feasible, ensure than 50 percent of such costs ($1 for each $2 ‘‘(C) an institution with a graduate med- that— of Federal funds provided under the grant). ical education program; ‘‘(i) such measures are evidence based, reli- ‘‘(B) DETERMINATION OF AMOUNT CONTRIB- ‘‘(4) provide for the collection of data re- able, and valid; UTED.—Non-Federal contributions required garding the effectiveness of the demonstra- ‘‘(ii) such measures are consistent with the under subparagraph (A) may be in cash or in tion project to be funded under the grant in purposes described in section 2902(b); kind, fairly evaluated, including equipment, improving the safety of patients, the effi- ‘‘(iii) such measures include measures of technology, or services. Amounts provided ciency of health care delivery, and in in- clinical processes and outcomes, patient ex- by the Federal Government, or services as- creasing the likelihood that graduates of the perience, efficiency, and equity; and sisted or subsidized to any significant extent grantee will adopt and incorporate health in- ‘‘(iv) such measures include measures of by the Federal Government, may not be information technology, and implement the overuse and underuse of health care items cluded in determining the amount of such quality measures adopted under section 2908, and services. non-Federal contributions. in the delivery of health care services; and ‘‘(2) PRIORITIES.—In developing the quality ‘‘(d) REPORTS.—Not later than 1 year after ‘‘(5) provide matching funds in accordance measures under this section, the Secretary the date on which the first grant is awarded with subsection (c). shall ensure that priority is given to— under this section, and annually thereafter ‘‘(c) USE OF FUNDS.— ‘‘(A) measures with the greatest potential during the grant period, an entity that re- ‘‘(1) IN GENERAL.—With respect to a grant impact for improving the quality and effi- ceives a grant under this section shall sub- under subsection (a), an eligible entity ciency of care provided under this Act; mit to the Secretary a report on the activi- shall— ‘‘(B) measures that may be rapidly imple- ties carried out under the grant involved. ‘‘(A) use grant funds in collaboration with mented by group health plans, health insur- Each such report shall include— 2 or more disciplines; and ance issuers, physicians, hospitals, nursing ‘‘(1) a description of the financial costs and ‘‘(B) use grant funds to integrate qualified homes, long-term care providers, and other benefits of the project involved and of the health information technology into commu- providers; and entities to which such costs and benefits ac- nity-based clinical education. ‘‘(C) measures which may inform health crue; ‘‘(2) LIMITATION.—An eligible entity shall care decisions made by consumers and pa- ‘‘(2) an analysis of the impact of the not use amounts received under a grant tients. project on health care quality and safety; under subsection (a) to purchase hardware, ‘‘(3) RISK ADJUSTMENT.—The Secretary ‘‘(3) a description of any reduction in dupli- software, or services. shall establish procedures to account for dif- cative or unnecessary care as a result of the ‘‘(d) MATCHING FUNDS.— ferences in patient health status, patient project involved; ‘‘(1) IN GENERAL.—The Secretary may characteristics, and geographic location. To ‘‘(4) a description of the efforts of recipi- award a grant to an entity under this section the extent practicable, such procedures shall ents under this section to facilitate secure only if the entity agrees to make available recognize existing procedures. patient access to health information; and non-Federal contributions toward the costs ‘‘(4) MAINTENANCE.—The Secretary shall, as ‘‘(5) other information as required by the of the program to be funded under the grant determined appropriate, but in no case more Secretary. in an amount that is not less than $1 for each often than once during each 12-month period, ‘‘(e) REQUIREMENT TO ACHIEVE QUALITY IM- $2 of Federal funds provided under the grant. update the quality measures, including PROVEMENT.—The Secretary shall annually ‘‘(2) DETERMINATION OF AMOUNT CONTRIB- through the addition of more accurate and evaluate the activities conducted under this UTED.—Non-Federal contributions under precise measures and the retirement of exist- section and shall, in awarding grants, imple- paragraph (1) may be in cash or in kind, fair- ing outdated measures. ment the lessons learned from such evalua- ly evaluated, including equipment or serv- ‘‘(5) RELATIONSHIP WITH PROGRAMS UNDER tion in a manner so that awards made subse- ices. Amounts provided by the Federal Gov- THE SOCIAL SECURITY ACT.—The Secretary quent to each such evaluation are made in a ernment, or services assisted or subsidized to shall ensure that the quality measures devel- manner that, in the determination of the any significant extent by the Federal Gov- oped under this section— Secretary, will result in the greatest im- ernment, may not be included in deter- ‘‘(A) complement quality measures devel- provement in quality measures under section mining the amount of such contributions. oped by the Secretary under programs ad- 2908. ‘‘(e) EVALUATION.—The Secretary shall ministered by the Secretary under the Social IMITATION.—An eligible entity may ‘‘(f) L take such action as may be necessary to Security Act, including programs under ti- only receive one non-renewable grant under evaluate the projects funded under this sec- tles XVIII, XIX, and XXI of such Act; and subsection (a), one non-renewable grant tion and publish, make available, and dis- ‘‘(B) do not conflict with the needs and pri- under subsection (b), and one non-renewable seminate the results of such evaluations on orities of the programs under titles XVIII, grant under subsection (c). as wide a basis as is practicable. XIX, and XXI of such Act, as set forth by the ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(f) REPORTS.—Not later than 1 year after Administrator of the Centers for Medicare & ‘‘(1) IN GENERAL.—For the purpose of car- the date of enactment of this title, and annu- Medicaid Services. rying out this section, there is authorized to ally thereafter, the Secretary shall submit be appropriated $116,000,000 for fiscal year ‘‘(c) REQUIRED CONSIDERATIONS IN DEVEL- to the Committee on Health, Education, 2007, $141,000,000 for fiscal year 2008, and such OPING AND UPDATING THE MEASURES.—In de- Labor, and Pensions and the Committee on sums as may be necessary for each of fiscal veloping and updating the quality measures Finance of the Senate, and the Committee years 2009 through 2011. under this section, the Secretary may take on Energy and Commerce and the Committee into account— ‘‘(2) AVAILABILITY.—Amounts appropriated on Ways and Means of the House of Rep- under paragraph (1) shall remain available ‘‘(1) any demonstration or pilot program resentatives a report that— through fiscal year 2011. conducted by the Secretary relating to meas- ‘‘(1) describes the specific projects estab- uring and rewarding quality and efficiency of ‘‘SEC. 2907. DEMONSTRATION PROGRAM TO INTE- lished under this section; and GRATE INFORMATION TECHNOLOGY care; INTO CLINICAL EDUCATION. ‘‘(2) contains recommendations for Con- ‘‘(2) any existing activities conducted by ‘‘(a) IN GENERAL.—The Secretary may gress based on the evaluation conducted the Secretary relating to measuring and re- award grants under this section to carry out under subsection (e). warding quality and efficiency; demonstration projects to develop academic ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(3) any existing activities conducted by curricula integrating qualified health infor- There is authorized to be appropriated to private entities, including health insurance mation technology systems in the clinical carry out this section, $5,000,000 for fiscal plans and payors; education of health professionals. Such year 2007, and such sums as may be necessary ‘‘(4) the report by the Institute of Medicine awards shall be made on a competitive basis for each of fiscal years 2008 through 2010. of the National Academy of Sciences under and pursuant to peer review. ‘‘(h) SUNSET.—This section shall not apply section 238(b) of the Medicare Prescription ‘‘(b) ELIGIBILITY.—To be eligible to receive after September 30, 2010. Drug, Improvement, and Modernization Act a grant under subsection (a), an entity ‘‘SEC. 2908. QUALITY MEASURES. of 2003; and shall— ‘‘(a) IN GENERAL.—The Secretary shall de- ‘‘(5) issues of data collection and reporting, ‘‘(1) submit to the Secretary an application velop quality measures, including measures including the feasibility of collecting and re- at such time, in such manner, and con- to assess the effectiveness, timeliness, pa- porting data on measures. taining such information as the Secretary tient self-management, patient centeredness, ‘‘(d) SOLICITATION OF ADVICE AND REC- may require; efficiency, and safety, for the purpose of OMMENDATIONS.—On and after July 1, 2007,

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JY7.006 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5971 the Secretary shall consult with the fol- prove health care quality, efficiency, and pa- practices to support and accelerate efforts to lowing regarding the development, updating, tient safety; and adopt, implement, and effectively use inter- and use of quality measures developed under ‘‘(2) establish mechanisms for the rapid operable health information technology in this section: dissemination of information regarding evi- compliance with section 2903 and 2908. ‘‘(1) Health insurance plans and health care dence-based guidelines with the greatest po- ‘‘(2) PURPOSES.—The purpose of the Center providers, including such plans and providers tential to improve health care quality, effi- is to— with experience in the care of the frail elder- ciency, and patient safety. ‘‘(A) provide a forum for the exchange of ly and individuals with multiple complex ‘‘(h) RULE OF CONSTRUCTION.—Nothing in knowledge and experience; chronic conditions, or groups representing this title shall be construed as prohibiting ‘‘(B) accelerate the transfer of lessons such health insurance plans and providers. the Secretary, acting through the Adminis- learned from existing public and private sec- ‘‘(2) Groups representing patients and con- trator of the Centers for Medicare & Med- tor initiatives, including those currently re- sumers. icaid Services, from developing quality ceiving Federal financial support; ‘‘(3) Purchasers and employers or groups measures (and timing requirements for re- ‘‘(C) assemble, analyze, and widely dis- representing purchasers or employers. porting such measures) for use under pro- seminate evidence and experience related to ‘‘(4) Organizations that focus on quality grams administered by the Secretary under the adoption, implementation, and effective improvement as well as the measurement the Social Security Act, including programs use of interoperable health information tech- and reporting of quality measures. under titles XVIII, XIX, and XXI of such nology. ‘‘(5) Organizations that certify and license Act.’’. ‘‘(D) provide for the establishment of re- health care providers. SEC. 3. LICENSURE AND THE ELECTRONIC EX- gional and local health information net- ‘‘(6) State government public health pro- CHANGE OF HEALTH INFORMATION. works to facilitate the development of inter- grams. (a) IN GENERAL.—The Secretary of Health operability across health care settings and ‘‘(7) Individuals or entities skilled in the and Human Services shall carry out, or con- improve the quality of health care; conduct and interpretation of biomedical, tract with a private entity to carry out, a ‘‘(E) provide for the development of solu- health services, and health economics re- study that examines— tions to barriers to the exchange of elec- search and with expertise in outcomes and (1) the variation among State laws that re- tronic health information; and effectiveness research and technology assess- late to the licensure, registration, and cer- ‘‘(F) conduct other activities identified by ment. tification of medical professionals; and the States, local or regional health informa- ‘‘(8) Individuals or entities involved in the (2) how such variation among State laws tion networks, or health care stakeholders development and establishment of standards impacts the secure electronic exchange of as a focus for developing and sharing best and certification for health information health information— practices. technology systems and clinical data. (A) among the States; and ‘‘(3) SUPPORT FOR ACTIVITIES.—To provide ‘‘(9) Individuals or entities with experience (B) between the States and the Federal support for the activities of the Center, the with— Government. Director shall modify the requirements, if ‘‘(A) urban health care issues; (b) REPORT AND RECOMMENDATIONS.—Not necessary, that apply to the National Re- ‘‘(B) safety net health care issues; and later than 1 year after the date of enactment source Center for Health Information Tech- ‘‘(C) rural and frontier health care issues. of this Act, the Secretary of Health and nology to provide the necessary infrastruc- ‘‘(e) USE OF QUALITY MEASURES.— Human Services shall publish a report that— ture to support the duties and activities of ‘‘(1) IN GENERAL.—For purposes of activi- (1) describes the results of the study car- the Center and facilitate information ex- ties conducted or supported by the Secretary ried out under subsection (a); and change across the public and private sectors. under this Act, the Secretary shall, to the (2) makes recommendations to States re- ‘‘(4) RULE OF CONSTRUCTION.—Nothing in extent practicable, adopt and utilize the garding the harmonization of State laws this subsection shall be construed to require quality measures developed under this sec- based on the results of such study. the duplication of Federal efforts with re- tion. SEC. 4. ENSURING PRIVACY AND SECURITY. spect to the establishment of the Center, re- ‘‘(2) COLLABORATIVE AGREEMENTS.—With re- Nothing in this Act (or the amendments gardless of whether such efforts were carried spect to activities conducted or supported by made by this Act) shall be construed to af- out prior to or after the enactment of this the Secretary under this Act, the Secretary fect the scope, substance, or applicability subsection. may establish collaborative agreements with of— ‘‘(e) TECHNICAL ASSISTANCE TELEPHONE private entities, including group health (1) section 264 of the Health Insurance NUMBER OR WEBSITE.—The Secretary shall plans and health insurance issuers, pro- Portability and Accountability Act of 1996; establish a toll-free telephone number or viders, purchasers, consumer organizations, (2) sections 1171 through 1179 of the Social Internet website to provide health care pro- and entities receiving a grant under section Security Act; and viders and patients with a single point of 2906, to— (3) any regulation issued pursuant to any contact to— ‘‘(A) encourage the use of the quality such section. ‘‘(1) learn about Federal grants and tech- measures adopted by the Secretary under SEC. 5. GAO STUDY. nical assistance services related to inter- this section; and Not later than 6 months after the date of operable health information technology; ‘‘(B) foster uniformity between the health enactment of this Act, the Comptroller Gen- ‘‘(2) learn about qualified health informa- care quality measures utilized by private en- eral of the United States shall submit to tion technology and the quality measures tities. Congress a report on the necessity and work- adopted by the Federal Government under ‘‘(3) REPORTING.—The Secretary shall im- ability of requiring health plans (as defined sections 2903 and 2908; plement procedures to enable the Depart- in section 1171 of the Social Security Act (42 ‘‘(3) learn about regional and local health ment of Health and Human Services to ac- U.S.C. 1320d)), health care clearinghouses (as information networks for assistance with cept the electronic submission of data for defined in such section 1171), and health care health information technology; and purposes of— providers (as defined in such section 1171) ‘‘(4) disseminate additional information de- ‘‘(A) quality measurement using the qual- who transmit health information in elec- termined by the Secretary. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ity measures developed under this section tronic form, to notify patients if their indi- There is authorized to be appropriated, such and using the standards adopted by the Fed- vidually identifiable health information (as sums as may be necessary for each of fiscal eral Government under section 2903; and defined in such section 1171) is wrongfully years 2007 and 2008 to carry out this sub- ‘‘(B) for reporting measures used to make disclosed. value-based payments under programs under section.’’. SEC. 6. STUDY OF REIMBURSEMENT INCENTIVES. the Social Security Act. SEC. 8. REAUTHORIZATION OF INCENTIVE The Secretary of Health and Human Serv- ‘‘(f) DISSEMINATION OF INFORMATION.—Be- GRANTS REGARDING TELEMEDI- ginning on January 1, 2008, in order to make ices shall carry out, or contract with a pri- CINE. comparative quality information available vate entity to carry out, a study that exam- Section 330L(b) of the Public Health Serv- to health care consumers, health profes- ines methods to create efficient reimburse- ice Act (42 U.S.C. 254c–18(b)) is amended by sionals, public health officials, researchers, ment incentives for improving health care striking ‘‘2002 through 2006’’ and inserting and other appropriate individuals and enti- quality in Federally qualified health centers, ‘‘2007 through 2011’’. ties, the Secretary shall provide for the dis- rural health clinics, and free clinics. semination, aggregation, and analysis of SEC. 7. HEALTH INFORMATION TECHNOLOGY RE- THE VOTE ON THE PREVIOUS QUESTION: WHAT quality measures collected under section 2906 SOURCE CENTER. IT REALLY MEANS and the dissemination of recommendations Section 914 of the Public Health Service This vote, the vote on whether to order the and best practices derived in part from such Act (42 U.S.C. 299b–3) is amended by adding previous question on a special rule, is not analysis. at the end the following: merely a procedural vote. A vote against or- ‘‘(g) TECHNICAL ASSISTANCE.—The Sec- ‘‘(d) HEALTH INFORMATION TECHNOLOGY RE- dering the previous question is a vote retary shall provide technical assistance to SOURCE CENTER.— against the Republican majority agenda and public and private entities to enable such en- ‘‘(1) IN GENERAL.—The Secretary, acting a vote to allow the opposition, at least for tities to— through the Director, shall develop a Health the moment, to offer an alternative plan. It ‘‘(1) implement and use evidence-based Information Technology Resource Center to is a vote about what the House should be de- guidelines with the greatest potential to im- provide technical assistance and develop best bating.

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JY7.006 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5972 CONGRESSIONAL RECORD — HOUSE July 27, 2006 Mr. Clarence Cannon’s Precedents of the RECESS Mack Poe Simmons House of Representatives, (VI, 308–311) de- Marchant Pombo Simpson scribes the vote on the previous question on The SPEAKER pro tempore. Pursu- McCaul (TX) Porter Smith (NJ) the rule as ‘‘a motion to direct or control the ant to clause 12(a) of rule I, the Chair McCotter Price (GA) Smith (TX) consideration of the subject before the House declares the House in recess subject to McCrery Pryce (OH) Sodrel being made by the Member in charge.’’ To McHugh Putnam Souder the call of the Chair. McKeon Radanovich Stearns defeat the previous question is to give the Accordingly (at 11 o’clock and 25 McMorris Ramstad Sullivan opposition a chance to decide the subject be- minutes a.m.), the House stood in re- Mica Regula Sweeney fore the House. Cannon cites the Speaker’s cess subject to the call of the Chair. Miller (FL) Rehberg Tancredo ruling of January 13, 1920, to the effect that Miller (MI) Reichert Taylor (NC) ‘‘the refusal of the House to sustain the de- f Miller, Gary Renzi Terry mand for the previous question passes the Moran (KS) Reynolds Thomas control of the resolution to the opposition’’ b 1202 Murphy Rogers (AL) Thornberry in order to offer an amendment. On March Musgrave Rogers (KY) Tiahrt 15, 1909, a member of the majority party of- AFTER RECESS Myrick Rogers (MI) Tiberi Neugebauer Rohrabacher Turner fered a rule resolution. The House defeated The recess having expired, the House the previous question and a member of the Ney Ros-Lehtinen Upton opposition rose to a parliamentary inquiry, was called to order by the Speaker pro Northup Royce Walden (OR) asking who was entitled to recognition. tempore (Mr. SIMPSON) at 12 o’clock Norwood Ryan (WI) Walsh Nunes Ryun (KS) Wamp Speaker Joseph G. Cannon (R-Illinois) said: and 2 minutes p.m. Osborne Saxton Weldon (FL) ‘‘The previous question having been refused, f Otter Schmidt Weldon (PA) the gentleman from New York, Mr. Fitz- Oxley Schwarz (MI) Weller gerald, who had asked the gentleman to PROVIDING FOR CONSIDERATION Paul Sensenbrenner Westmoreland yield to him for an amendment, is entitled to OF H.R. 4157, HEALTH INFORMA- Pearce Sessions Whitfield the first recognition.’’ Pence Shadegg Wicker Because the vote today may look bad for TION TECHNOLOGY PROMOTION Peterson (PA) Shaw Wilson (NM) the Republican majority they will say ‘‘the ACT OF 2006 Petri Shays Wilson (SC) vote on the previous question is simply a Pickering Sherwood Wolf The SPEAKER pro tempore. The Pitts Shimkus Young (AK) vote on whether to proceed to an immediate pending business is the vote on order- vote on adopting the resolution . . . [and] has Platts Shuster Young (FL) no substantive legislative or policy implica- ing the previous question on House NAYS—193 tions whatsoever.’’ But that is not what they Resolution 952, on which the yeas and have always said. Listen to the Republican nays were ordered. Abercrombie Gordon Murtha Leadership Manual on the Legislative Proc- The Clerk read the title of the resolu- Ackerman Green, Al Nadler ess in the United States House of Represent- tion. Allen Green, Gene Napolitano atives, (6th edition, page 135). Here’s how the Andrews Grijalva Neal (MA) The SPEAKER pro tempore. The Baca Gutierrez Republicans describe the previous question Oberstar question is on ordering the previous Baird Harman Obey vote in their own manual: Although it is question. Baldwin Hastings (FL) Olver generally not possible to amend the rule be- Barrow Herseth Pursuant to clause 9 of rule XX, the Ortiz cause the majority Member controlling the Bean Higgins Owens time will not yield for the purpose of offering Chair will reduce to 5 minutes the min- Becerra Hinchey Pallone an amendment, the same result may be imum time for electronic voting, if or- Berkley Hinojosa Pascrell achieved by voting down the previous ques- Berman Holden Pastor dered, on the question of adoption of Berry Holt tion on the rule . . . When the motion for the the resolution. Payne Bishop (GA) Honda Peterson (MN) previous question is defeated, control of the The vote was taken by electronic de- Bishop (NY) Hooley time passes to the Member who led the oppo- Pomeroy vice, and there were—yeas 223, nays Blumenauer Hoyer Price (NC) sition to ordering the previous question. Boren Israel 193, not voting 16, as follows: Rahall That Member, because he then controls the Boswell Jackson (IL) Rangel time, may offer an amendment to the rule, [Roll No. 412] Boucher Jackson-Lee Reyes or yield for the purpose of amendment.’’ Boyd (TX) Ross YEAS—223 Brady (PA) Jefferson Deschler’s Procedure in the U.S. House of Rothman Aderholt Conaway Hastings (WA) Brown (OH) Johnson, E. B. Representatives, the subchapter titled Roybal-Allard Akin Crenshaw Hayes Brown, Corrine Jones (OH) Ruppersberger ‘‘Amending Special Rules’’ states: ‘‘a refusal Alexander Culberson Hayworth Butterfield Kanjorski Rush to order the previous question on such a rule Bachus Davis (KY) Hefley Capps Kaptur Ryan (OH) [a special rule reported from the Committee Baker Davis, Tom Hensarling Capuano Kennedy (RI) Sabo on Rules] opens the resolution to amend- Barrett (SC) Dent Herger Cardin Kildee Salazar Bartlett (MD) Diaz-Balart, L. Hobson Cardoza Kilpatrick (MI) ment and further debate.’’ (Chapter 21, sec- Sa´ nchez, Linda Barton (TX) Diaz-Balart, M. Hoekstra Carnahan Kind tion 21.2) Section 21.3 continues: Upon rejec- T. Bass Doolittle Hostettler Carson Kucinich tion of the motion for the previous question Sanchez, Loretta Beauprez Drake Hulshof Case Langevin on a resolution reported from the Committee Sanders Biggert Dreier Hunter Chandler Lantos on Rules, control shifts to the Member lead- Bilbray Duncan Hyde Clay Larsen (WA) Schakowsky ing the opposition to the previous question, Bilirakis Ehlers Inglis (SC) Cleaver Larson (CT) Schiff who may offer a proper amendment or mo- Bishop (UT) Emerson Inslee Clyburn Lee Schwartz (PA) tion and who controls the time for debate Blackburn English (PA) Issa Conyers Levin Scott (GA) thereon.’’ Blunt Everett Jenkins Cooper Lipinski Scott (VA) Clearly, the vote on the previous question Boehlert Feeney Jindal Costa Lofgren, Zoe Serrano Boehner Ferguson Johnson (CT) Costello Lowey Sherman on a rule does have substantive policy impli- Skelton cations. It is one of the only available tools Bonilla Fitzpatrick (PA) Johnson (IL) Cramer Lynch Bonner Flake Johnson, Sam Cuellar Maloney Slaughter for those who oppose the Republican major- Bono Foley Jones (NC) Cummings Markey Smith (WA) ity’s agenda to offer an alternative plan. Boozman Forbes Keller Davis (AL) Marshall Snyder Mr. LINCOLN DIAZ-BALART of Boustany Fortenberry Kelly Davis (CA) Matheson Solis Spratt Florida. Mr. Speaker, I yield back the Bradley (NH) Foxx Kennedy (MN) Davis (FL) Matsui Brady (TX) Franks (AZ) King (IA) Davis (IL) McCarthy Stark balance of my time, and I move the Brown (SC) Frelinghuysen King (NY) Davis (TN) McCollum (MN) Strickland previous question on the resolution. Brown-Waite, Gallegly Kingston DeFazio McDermott Stupak The SPEAKER pro tempore. The Ginny Garrett (NJ) Kirk DeGette McGovern Tanner question is on ordering the previous Burgess Gerlach Kline Delahunt McIntyre Tauscher Burton (IN) Gibbons Knollenberg DeLauro McNulty Taylor (MS) question. Buyer Gilchrest Kolbe Dicks Meehan Thompson (CA) The question was taken; and the Calvert Gillmor Kuhl (NY) Dingell Meek (FL) Thompson (MS) Speaker pro tempore announced that Camp (MI) Gingrey LaHood Doggett Meeks (NY) Tierney the ayes appeared to have it. Campbell (CA) Gohmert Latham Doyle Melancon Towns Cannon Goode LaTourette Edwards Michaud Udall (CO) Ms. MATSUI. Mr. Speaker, on that I Cantor Goodlatte Leach Engel Millender- Udall (NM) demand the yeas and nays. Capito Granger Lewis (CA) Eshoo McDonald Van Hollen The yeas and nays were ordered. Carter Graves Lewis (KY) Etheridge Miller (NC) Vela´ zquez The SPEAKER pro tempore. Pursu- Castle Green (WI) Linder Farr Miller, George Visclosky ant to clause 8 of rule XX, further pro- Chabot Gutknecht LoBiondo Filner Mollohan Wasserman Chocola Hall Lucas Ford Moore (KS) Schultz ceedings on this question will be post- Coble Harris Lungren, Daniel Frank (MA) Moore (WI) Waters poned. Cole (OK) Hart E. Gonzalez Moran (VA) Watson

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JY7.007 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5973 Watt Weiner Wu Doolittle King (NY) Ramstad Meeks (NY) Rahall Solis Waxman Woolsey Wynn Drake Kingston Regula Melancon Rangel Spratt Dreier Kirk Rehberg Michaud Reyes Stark NOT VOTING—16 Duncan Kline Reichert Millender- Ross Stupak Crowley Fattah McKinney Ehlers Knollenberg Renzi McDonald Rothman Tanner Cubin Fossella Nussle Emerson Kolbe Reynolds Miller (NC) Roybal-Allard Tauscher Davis, Jo Ann Istook Pelosi English (PA) Kuhl (NY) Rogers (AL) Miller, George Ruppersberger Taylor (MS) Deal (GA) Lewis (GA) Wexler Everett LaHood Rogers (KY) Mollohan Rush Thompson (CA) Emanuel Manzullo Feeney Latham Rogers (MI) Moore (KS) Ryan (OH) Thompson (MS) Evans McHenry Ferguson LaTourette Rohrabacher Moore (WI) Sabo Tierney Moran (VA) Salazar Fitzpatrick (PA) Leach Ros-Lehtinen Towns Murtha Sa´ nchez, Linda Udall (CO) 1228 Flake Lewis (CA) Royce b Foley Lewis (KY) Nadler T. Udall (NM) Ryan (WI) Forbes Linder Neal (MA) Sanchez, Loretta Van Hollen Messrs. TAYLOR of Mississippi, Ryun (KS) Fortenberry LoBiondo Oberstar Sanders Vela´ zquez DAVIS of Tennessee, CHANDLER and Saxton Foxx Lucas Obey Schakowsky Visclosky CLEAVER changed their vote from Franks (AZ) Lungren, Daniel Schmidt Olver Schiff Wasserman ‘‘yea’’ to ‘‘nay.’’ Frelinghuysen E. Schwarz (MI) Ortiz Schwartz (PA) Schultz Sensenbrenner Mr. MCCAUL of Texas changed his Gallegly Mack Owens Scott (GA) Waters Garrett (NJ) Marchant Sessions Pallone Scott (VA) Watson vote from ‘‘nay’’ to yea.’’ Gerlach McCaul (TX) Shadegg Pascrell Serrano Watt So the previous question was ordered. Gibbons McCotter Shaw Pastor Sherman Waxman The result of the vote was announced Gilchrest McCrery Shays Payne Skelton Weiner as above recorded. Gillmor McHenry Sherwood Peterson (MN) Slaughter Woolsey Gingrey McHugh Shimkus Pomeroy Smith (WA) Wu (By unanimous consent, Mr. BOEHNER Gohmert McKeon Shuster Price (NC) Snyder Wynn Goode McMorris Simmons was allowed to speak out of order.) NOT VOTING—20 Goodlatte Mica Simpson LEGISLATIVE PROGRAM Granger Miller (FL) Smith (NJ) Burton (IN) Emanuel Manzullo Mr. BOEHNER. Mr. Speaker, I know Graves Miller (MI) Smith (TX) Cardoza Evans McKinney a lot of Members are interested in what Green (WI) Miller, Gary Sodrel Crowley Fattah Napolitano the schedule is. I think all of you know Gutknecht Moran (KS) Souder Cubin Fossella Pelosi Hall Murphy Davis (TN) Green, Gene that today we will move to consider Stearns Strickland Harris Musgrave Sullivan Davis, Jo Ann Istook Wexler the conference report on the Carl Per- Hart Myrick Sweeney Deal (GA) Lewis (GA) Hastings (WA) Neugebauer kins vocational education program. We Tancredo b 1238 Hayes Ney Taylor (NC) will then move to the health IT bill. Hayworth Northup Terry So the resolution was agreed to. We expect that that will take us to late Hefley Norwood Thomas Hensarling Nunes The result of the vote was announced afternoon/early evening. Thornberry Herger Nussle as above recorded. The reason I stood up is that it is Tiahrt Hobson Osborne A motion to reconsider was laid on pretty clear that we are in fact going Tiberi Hoekstra Otter the table. to have votes tomorrow. There are a Hostettler Oxley Turner Upton number of Members, though, from New Hulshof Paul f Hunter Pearce Walden (OR) York who want to go to former Rep- Hyde Pence Walsh CONFERENCE REPORT ON S. 250, resentative Tom Manton’s funeral. We Inglis (SC) Peterson (PA) Wamp CARL D. PERKINS CAREER AND will work with those Members to carve Issa Petri Weldon (FL) Weldon (PA) TECHNICAL EDUCATION IM- out a window so that those Members Jenkins Pickering Jindal Pitts Weller PROVEMENT ACT OF 2006 who want to go to New York can come Johnson (CT) Platts Westmoreland Mr. MCKEON. Mr. Speaker, pursuant Whitfield back. Johnson (IL) Poe to House Resolution 946, I call up the But we will have votes tomorrow. I Johnson, Sam Pombo Wicker Jones (NC) Porter Wilson (NM) conference report to accompany the wish I could tell you what those votes Keller Price (GA) Wilson (SC) Senate bill (S. 250) to amend the Carl would be, but I expect we are going to Kelly Pryce (OH) Wolf D. Perkins Vocational and Technical have votes tomorrow. Kennedy (MN) Putnam Young (AK) King (IA) Radanovich Young (FL) Education Act of 1998 to improve the ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Act. The SPEAKER pro tempore. Without NOES—188 The Clerk read the title of the Senate objection, 5-minute voting will resume. Abercrombie Cramer Inslee bill. There was no objection. Ackerman Cummings Israel The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. The Allen Davis (AL) Jackson (IL) ant to House Resolution 946, the con- Andrews Davis (CA) Jackson-Lee question is on the resolution. Baca Davis (FL) (TX) ference report is considered read. The question was taken; and the Baird Davis (IL) Jefferson (For conference report and state- Speaker pro tempore announced that Baldwin DeFazio Johnson, E. B. ment, see proceedings of the House of the ayes appeared to have it. Barrow DeGette Jones (OH) July 25, 2006, at page H5773.) Bean Delahunt Kanjorski RECORDED VOTE Becerra DeLauro Kaptur The SPEAKER pro tempore. The gen- Ms. MATSUI. Mr. Speaker, I demand Berkley Dicks Kennedy (RI) tleman from California (Mr. MCKEON) Berman Dingell Kildee and the gentleman from California (Mr. a recorded vote. Berry Doggett Kilpatrick (MI) A recorded vote was ordered. Bishop (GA) Doyle Kind GEORGE MILLER) each will control 30 The vote was taken by electronic de- Bishop (NY) Edwards Kucinich minutes. vice, and there were—ayes 224, noes 188, Blumenauer Engel Langevin The Chair recognizes the gentleman Boren Eshoo Lantos from California (Mr. MCKEON). not voting 20, as follows: Boswell Etheridge Larsen (WA) [Roll No. 413] Boucher Farr Larson (CT) GENERAL LEAVE Boyd Filner Lee AYES—224 Mr. MCKEON. Mr. Speaker, I ask Brady (PA) Ford Levin unanimous consent that all Members Aderholt Boehner Cantor Brown (OH) Frank (MA) Lipinski Akin Bonilla Capito Brown, Corrine Gonzalez Lofgren, Zoe may have 5 legislative days to revise Alexander Bonner Carter Butterfield Gordon Lowey and extend their remarks and include Bachus Bono Castle Capps Green, Al Lynch extraneous material on the conference Baker Boozman Chabot Capuano Grijalva Maloney Barrett (SC) Boustany Chocola Cardin Gutierrez Markey report to accompany S. 250. Bartlett (MD) Bradley (NH) Coble Carnahan Harman Marshall The SPEAKER pro tempore. Is there Barton (TX) Brady (TX) Cole (OK) Carson Hastings (FL) Matheson objection to the request of the gen- Bass Brown (SC) Conaway Case Herseth Matsui tleman from California? Beauprez Brown-Waite, Crenshaw Chandler Higgins McCarthy Biggert Ginny Cuellar Clay Hinchey McCollum (MN) There was no objection. Bilbray Burgess Culberson Cleaver Hinojosa McDermott Mr MCKEON. Mr. Speaker, I yield Bilirakis Buyer Davis (KY) Clyburn Holden McGovern myself such time as I may consume. Bishop (UT) Calvert Davis, Tom Conyers Holt McIntyre Mr. Speaker, I rise in support of this Blackburn Camp (MI) Dent Cooper Honda McNulty Blunt Campbell (CA) Diaz-Balart, L. Costa Hooley Meehan conference report and ask my col- Boehlert Cannon Diaz-Balart, M. Costello Hoyer Meek (FL) leagues to join me in doing the same.

VerDate Aug 31 2005 03:02 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JY7.008 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5974 CONGRESSIONAL RECORD — HOUSE July 27, 2006 The Carl D. Perkins Career and Tech- the role of States and local commu- sponsibility under the bill. My amend- nical Education Improvement Act will nities and asking for results in ex- ment was not included in the House strengthen and improve career and change for the money we are already bill, but it is in the conference report. technical education to help ensure aca- spending at the Federal level; and we Finally, the conference report im- demic success for students, whether are seeking more opportunities for co- proves accountability for and integra- they are pursuing postsecondary edu- ordination between secondary and tion of strong academic measures and cation or other venues. postsecondary career and technical programs for career and technical edu- Let me begin by recognizing Edu- education. cation. It is important, however, to cation Reform Subcommittee Chair- There are growing concerns across note that although Congress has re- man CASTLE and thanking him for his the country about the performance jected the President’s proposals to hard work and commitment to improv- level of our high schools. The funda- eliminate career and technical edu- ing educational opportunities for stu- mental question remains, Are we pre- cation, we must do more. We need to dents participating in career and tech- paring our young people to succeed in a provide our schools with the resources nical education. globally competitive world? The legis- they need to carry out these programs. In January of 2005, he and our com- lation before us today helps us address That means we need to increase fund- mittee’s former chairman, Majority that question, and speaks to the new ing for the Perkins Act while keeping Leader BOEHNER, introduced a bipar- realities of a changing economy and our promises to fully funding the No tisan bill that was overwhelmingly workplace. Child Left Behind Act, because when it backed by the House. I commend him Mr. Speaker, this conference report comes to no child left behind, this for his leadership in crafting that re- is a solid piece of reform legislation President and this Congress has fallen form legislation and for reaching that is worthy of our support. I encour- $55 billion short. across the aisle in the process. It is be- age my colleagues to join me in sup- Mr. Speaker, I reserve the balance of cause of his work then that we are pre- porting it. my time. senting such a strong conference report Mr. Speaker, I reserve the balance of The SPEAKER pro tempore. Without to the House today. my time. objection, the gentleman from Dela- Mr. Speaker, I would also like to The SPEAKER pro tempore. Without ware (Mr. CASTLE) will control the thank my committee’s senior Demo- objection, the gentlewoman from Cali- time of the gentleman from California crat, Mr. GEORGE MILLER, for his work fornia (Ms. WOOLSEY) will control the (Mr. MCKEON). and to recognize and thank our addi- time of the gentleman from California There was no objection. tional House conferees, Mr. SOUDER, (Mr. GEORGE MILLER). Mr. CASTLE. Mr. Speaker, I yield Mr. OSBORNE, Mrs. MUSGRAVE, Ms. There was no objection. myself 4 minutes. WOOLSEY, and Mr. KIND. Their efforts Ms. WOOLSEY. Mr. Speaker, I yield Mr. Speaker, it obviously gives me over the past year have made this con- myself such time as I may consume. great pleasure to be here today and to ference report a reality. Mr. Speaker, I rise also in support of rise in support of the conference report Career and technical education is this conference report. It has been to the Carl D. Perkins Career and fundamental to our efforts to improve more than a year since we passed H.R. Technical Education Improvement Act academic achievement at all levels so 366, the Carl D. Perkins Career and of 2006. I want to thank the gentleman our Nation remains competitive in the Technical Education Act. I am certain from California (Mr. MCKEON) for his face of a rapidly changing global econ- people were actually starting to think leadership in getting us to this end omy. Each year, millions of students that this day would never come. But point, and the majority leader who is enrich their secondary and postsec- here we are, and we are here in a bipar- no longer head of the committee (Mr. ondary educational opportunities tisan posture. BOEHNER) for his work, the gentleman through participation in career and You see, Mr. Speaker, miracles can and gentlewoman from California both technical education. happen. Then-Chairman BOEHNER and present here right now, Mr. MILLER and Nearly all students, about 97 percent now-Chairman MCKEON and Sub- Ms. WOOLSEY, for their bipartisan spir- in fact, leave public high school having committee Chairman CASTLE need to it, and our colleagues in the other taken some career and technical edu- be thanked and honored for getting us body. I am blessed to be on a couple of cation. Furthermore, nearly half of all this far. But most importantly to me, I committees where there is bipartisan high school students and one-third of want to thank the hard work of the spirit at least some of the time, and we college students are involved in career committee ranking member, Congress- are able to get a few things done and and technical programs as a major part man GEORGE MILLER. this is one of them. of their studies. Having voted for H.R. 366, which The Perkins Act aims to prepare In short, it is a priority for millions passed the House almost unanimously, youth and adults for the future by and this conference report honors our I believe that today’s conference report building their academic and technical commitment to them. The conference significantly improves the bill. skills in preparation for postsecondary report before us will help States better education and/or employment. The bill utilize Federal funds for secondary and b 1245 we are considering today enhances Per- postsecondary career education pro- Particularly pleasing is that this bill kins by ensuring both secondary and grams, increase accountability, and not only has expanded math, science, post-secondary students participating emphasize student achievement and and technical programs, it also has in the program are acquiring rigorous strengthen opportunities for coordina- continued and strengthened the Per- academic and technical skills, and will tion between secondary and postsec- kins Act commitment to preparing have the opportunity to transition into ondary career and technical education. women and men for occupations that further education and/or successful em- In 1998, reforms made to the Perkins are nontraditional to them, to ensuring ployment. Act were aimed at increasing the focus access to career and technical edu- The Perkins Act governs widely sup- on both technical skills and rigorous cation for special populations who face ported programs of both the secondary academic knowledge and helped us unique challenges, and to preparing and postsecondary level. For example, move further away from the school-to- those students for careers that will nearly all high school students com- work model. Our goal in this Congress lead them to self-sufficiency. plete at least one vocational education was to build on that success. In this competitive global economy, course, and approximately 26 percent of Our principles at the outset of this Mr. Speaker, we can’t afford to waste students are considered vocational con- reauthorization effort were straight- the potential of any of our people, so centrators, those students who focus on forward, and I am proud to say that these provisions will help to ensure a single occupational area. In my home more than a year later, they are un- that this does not happen. State of Delaware, we have five career changed. The pillars of this conference When this bill was in committee, I of- and technical high schools that enroll report are: we’re maintaining a focus fered an amendment to ensure that a total of 5,500 of the 29,500 total high on rigorous student academic and tech- States had sufficient administrative school students. At the postsecondary nical achievement; we’re protecting funding to carry out their increased re- level, the Perkins Act supports a broad

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.024 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5975 array of options primarily at the com- vocational and technical education to I am pleased that the conference munity college level, including Dela- career and technical education. In my agreement mirrors the recommenda- ware Technical & Community College. opinion, this was an important state- tions we have heard, that we must pay In the 1999–2000 school year, over 50 ment for the Congress to make. more attention to math and science percent of all students enrolled at the While the President has proposed an- and technology to increase our com- less than 4-year postsecondary level re- other avenue for high school reform in petitiveness. We also know that this is ported that they were majoring in vo- the Perkins Act, I believe strongly that what the high paying jobs require, with cational areas. the reforms we consider today go a these advanced skills. Today’s conference report seeks to long way in driving program improve- The conference agreement continues build upon reforms made in past reau- ment and ultimate success for students the Tech-Prep program. Tech-Prep has thorizations, and seeks to enhance this across the country. The dialogue sur- been a model of career and technical popular program to ensure its success rounding high school reform is impor- education with demonstrated out- in years to come. The legislation be- tant and is happening in earnest. I comes. In California, students, teach- fore us today makes significant re- trust that the conference agreement ers, and administrators benefit from forms to academic achievement and ac- will complement these efforts as a re- the connections made between sec- countability to ensure students have sult of the changes in the bill. I believe ondary and postsecondary programs, the skills necessary to enter the work- it will help States, community col- and career and technical programs. force or continue to an institution of leges, and other postsecondary edu- Successful Tech-Prep programs offer a higher learning. cation institutions and local edu- challenging and rigorous coursework at As I mentioned, there are five career cational agencies to better meet the the high school level that is coordi- and technical high schools in Delaware. needs of students participating in ca- nated with postsecondary career tech- While all these schools met adequately reer and technical education. I urge my nical programs. And Tech-Prep stu- yearly progress under the No Child colleagues to support this report so we dents obtain better paying jobs because Left Behind Act, there is more to be may send this bill to the President for they have the academic and technical done in academic achievement in these his signature. credentials that businesses want for schools and schools across the country. Mr. Speaker, I reserve the balance of their workforce. Today, we will improve vocational and my time. We made important strides in the technical education by increasing the Ms. WOOLSEY. Mr. Speaker, I yield area of professional development. This focus on academics in conjunction with as much time as he may consume to conference agreement strengthens the the skill attainment that is incumbent the gentleman from California, the instructional connection between aca- of the program. ranking member of this committee demic and career technical programs. One of the unique attributes of voca- (Mr. GEORGE MILLER). We heard from numerous teachers that tional and technical education pro- Mr. GEORGE MILLER of California. successful career tech programs allow grams is their ability to show students Mr. Speaker, I want to thank the gen- academic and vocational teachers to a path that could end in a certificate, tlewoman for yielding and also thank develop curriculums together to teach credential, employment, military, or her for all of her work on this legisla- together so that students can apply the postsecondary education. The Tech- tion, along with Chairman BOEHNER academic content to the real world Prep program within the Perkins Act and Chairman MCKEON and Chairman context. is intended to focus on a well-defined Castle. And, of course, with the dili- This conference agreement contains link between high school and at least 2 gent work of our staffs on both sides of new measures of accountability for ca- years of postsecondary education. Re- the aisle, I think we have crafted a reer and technical education systems. I search has shown, however, that funds measure that maintains the integrity do not doubt that some programs may are rarely, if ever, used to meet this of the program while responding to the have difficulties in meeting this new goal. Rather, funds are often used for changes in the career and the technical system. However, there have been too purposes within the larger vocational education programs across the coun- many programs that have chosen the and technical education program. try. status quo, to the detriment of our Therefore, the conference agreement While the President has chosen to workforce competitiveness. Successful revises requirements of the program in put forward a proposal to dismantle career and technical education pro- order to ensure articulation agree- this critical program, we saw an oppor- grams produce students that out- ments between secondary and postsec- tunity to make high school matter for perform their counterparts and make ondary institutions are, in fact, being many young people, offer college stu- higher wages. We must demand that all implemented. dents pathways into productive em- programs work toward this same goal. Along this same track, we include a ployment, and new hope for displaced The accountability systems move us in new requirement for State develop- homemakers and workers reentering that direction. ment of career and technical programs the workforce. I want to point out two other areas of study for career and technical pro- The conference report before us sig- where the conference agreement im- gram areas. These sequences, of course, nals that we will not retreat on our in- proves upon the House passed bill: will incorporate a nonduplicative pro- vestment in career education and Graduation and career plans. Under the gression of both secondary and postsec- training. The global economy demands agreement, local programs may use ondary elements which will include a high skilled workforce, and the Per- Perkins funds to create graduation and both academic and vocational and kins Act, has been instrumental in career plans for students. These plans technical content. Local recipients at building today’s workforce and the can be tools for students and parents to both the secondary and postsecondary workforce of the future. help focus the student on the student’s level would adopt at least one model Today, these programs are changing future goals, making sure that the ac- sequence of courses as developed by the in the face of secondary and postsec- tions that we take will lead to the out- State. I believe this will also help drive ondary education, and they equip come they desire. And, also, the special program improvements by ensuring America’s workforce with the skills populations and nontraditional careers. that States clarify the progression of they need to compete in a global econ- The conference agreement also academic and vocational technical omy. More important, career tech pro- strengthens the provisions, and the courses needed for the postsecondary grams acknowledge that we must be gentlewoman from California has been education, training, or employment of preparing students and adults for high a hawk on these issues for her entire a students choice. wage, high skill jobs that exist in this career on this committee, and that is It is clear that we are making some new economy. To do this, however, we to improve the opportunities for significant and positive changes for the need a system that is challenging and women and men to gain access to non- schools and students impacted by this academically sound and a system ex- traditional careers, and ensures that program. One of the biggest changes pands the secondary and postsecondary displaced homemakers and individuals that I think we are making is for Con- programs, offering students a pathway with disabilities have access to career gress to finally make the switch from toward those kinds of careers. and technical education. In this global

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.025 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5976 CONGRESSIONAL RECORD — HOUSE July 27, 2006 economy, we can’t afford to waste the Again, I congratulate my colleagues Internet connection so they can take potential of any of our people, and and the staff for constructing a terrific courses after school, to get courses these provisions will help ensure that piece of legislation, certainly it will after school to work with the plastics that doesn’t happen. mean a lot to the future of this Nation. industry, the largest employer in my Mr. Chairman, the Perkins Act is a If you read Tom Friedman’s book ‘‘The district, so kids can go out and learn critical workforce development tool, World is Flat,’’ you realize how impor- technical skills. and the bill before us represents a tant it is as a Nation that we give edu- If they are going to compete with sound career and technical education cational opportunity to everybody that China, if they are going to compete policy. we utilize the resources of all our peo- with India, if they are going to com- I want to thank our staff again for ple. pete worldwide, they are not going to their efforts in bringing this conference Ms. WOOLSEY. Mr. Speaker, I re- have the old things where my grandpa agreement together, and I look forward serve the balance of my time. did it this way and my great-grandpa to a quick passage of this conference Mr. CASTLE. Mr. Speaker, I yield 3 did it this way, and I am going to have report. And I also want to comment minutes to the gentleman from Indiana pensions and health care forever. It is that this continues a long tradition in (Mr. SOUDER), another member of the going to be a lot more competitive. It this committee where we have been committee who is always fighting for is going to take constant cross-train- able to work on a bipartisan basis on children in a whole variety of ways, be ing for advanced skills, for basic entry the most critical education issues con- it dealing with drugs and those things, skills, and basic entry things in these fronting this country, both in the de- or education itself. manufacturing companies in my dis- velopment of high performing students (Mr. SOUDER asked and was given trict. and professional individuals and high permission to revise and extend his re- If they cannot figure out how to work performing career opportunities for marks.) those individuals, and I want to thank a computer, if they cannot figure out all of my colleagues for their efforts on b 1300 how to multitask, if they cannot figure this legislation and urge a passage of Mr. SOUDER. Mr. Speaker, I want to out how to be flexible when a contract changes just like that, that company is this conference report. thank Chairman MCKEON for his lead- gone. It is not anymore just to Mexico. Mr. CASTLE. Mr. Speaker, I yield 2 ership and Mr. MILLER for his leader- minutes to the distinguished gen- ship in working in a bipartisan effort It is to China. tleman from Ohio (Mr. REGULA), who is with this. So vocational education plays such a the chairman of the appropriations But I want to say, first off, that it af- critical role at the college level, just subcommittee that handles education firms what career and technical edu- like continuing education does, and funding and is probably as interested in cational programs in my district are this bill gives us more flexibility to education as anyone in this building. already doing. They are ensuring that work in this program, to adjust to the (Mr. REGULA asked and was given all current technical education pro- new technologies we are seeing, the on- permission to revise and extend his re- grams include rigorous and challenging line, the constant education, the inter- marks.) academic courses; offer career and relationship between industry and our Mr. REGULA. Mr. Speaker, I just technical programs of study known as universities and high schools. want to congratulate the Members, my career majors; offer dual enrollment in The one thing I would strongly urge, colleagues, and the staff for doing a secondary and postsecondary courses; and I continue to urge, the NFIB; the terrific job. I am very much aware of and permit private and home school NAM, the National Association of Man- this topic. We have a technical school students to participate in career and ufacturing; the U.S. Chamber, that the in my district (Stark State College) of technical education programs. Addi- retailers engage in their local schools. approximately 8,000 students with a tionally, I am pleased that the bill al- They always come to me and every- placement rate of about 96 percent, and lows for increased funding flexibility at body comes and says we are worried they are working with the high the State level, as well as the pro- about our workforce, we are worried schools; they are doing what you are motion of State incentive grants to that we cannot get the quality. Well, envisioning in this conference report. engage the schools, hire these kids, To me, this is one of the most impor- programs with exemplary performance. It is a little unusual in the sense I train these kids, take advantage of tant pieces of legislation that will these programs, because that is the come out of this session, because edu- represent a district that still makes things. In my congressional district, only way we are going to keep jobs in cation is the future and this legislation America. gives an opportunity and expands the we have the highest percent manufac- horizons of many students that other- turing left in America as far as what Mr. Speaker, I rise today in strong support wise would not get that chance. I do people do. Other people can go on vaca- of S. 250, the Carl D. Perkins Career and have to say that one of the most griev- tion in other places. They can get a Technical Education Improvement Act of 2006. ous things to me is the dropout rate in service job in other places, run credit I’d also like to thank the Chairman of the Edu- this country. An average of thirty-two card companies in other places; but we cation and the Workforce Committee, Mr. percent of our students nationwide do still make things. MCKEON, for his hard work on this legislation. not finish high school. Part of it is be- Vocational education, if it is going to S. 250 will help strengthen and improve career cause they are bored, part of it is be- compete, I remember years ago, be- and technical education programs across the cause they don’t learn to read, part of cause I am old now, in the 1960s, my fa- country by helping states better utilize federal it is a whole lot of different things. ther at our small retail store always funding, increasing accountability, empha- They are attracted to get out early and took students who they were afraid sizing student academic and technical get some kind of a job and buy a car or were going to drop out and started try- achievement, and improving coordination be- whatever. ing to teach them different crafts and tween secondary and postsecondary career This legislation will help to reduce trades and get them into the work- and technical education. the dropout rate. If the schools across force. In today’s world, career and technical edu- this country will work out the pro- I know that when I was a student re- cation is an important component of most any grams that are envisioned in this reporter in college and did some stories student’s education as it helps prepare high port, I think our schools will make on local high schools even out in the ag school students for either a transition to the giant strides in reducing dropouts, be- communities, Woodland High School workforce or a postsecondary degree. The cause it will allow students at the high had a big area where they had a com- programs help students begin thinking about school to get a vision of what can be bine and other things so kids could get different careers of interest, provide opportuni- achieved, what they can do in technical experience working in farming. ties for exploring those career options, and education and what they can do in em- But we are at a whole other technical start students down a path toward accom- ployment opportunities and what a level. Even at my rural high schools in plishing their career goals. Moreover, the pro- better future they can have. This Angola, Indiana, a small high school, gram helps students see a connection be- should be billed as a hope bill, it is a they have worked with TriState Col- tween the academic subjects in the classroom future bill. lege to hook up an ethernet-type of and the application of that knowledge in the

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00020 Fmt 4634 Sfmt 9920 E:\CR\FM\K27JY7.026 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5977 working world. For many students, this con- ago I read someplace where the United these programs, because we know that nection is critical to their decision to stay in States ranked 19th out of 21 nations in none of this works, none of it works, high school and graduate with a diploma. advanced math and science. This is an Mr. Speaker, unless we provide the I am pleased today to support the con- area we cannot afford to continue to needed funding. ference report on S. 250 and urge my col- fall behind in. So this academic rigor Mr. Speaker, I yield back the remain- leagues to vote in favor of its passage. While will certainly help. der of my time. I would have liked to have seen additional re- As has been mentioned, it requires Mr. CASTLE. Mr. Speaker, I yield forms—particularly in the areas of private greater coordination between high myself such time as I may consume in school and home school participation—this bill school and postsecondary courses in closing. represents significant bipartisan agreement in vocational and technical education. So Mr. Speaker, the conference report how to strengthen the Perkins program. often in high school someone will take before us is a good one and one worthy It affirms in many ways what career and a vocational course and then go to of very strong support here. Passage of technical education programs in my district are community college; it would be the it will demonstrate our commitment to already doing: ensuring that all career and same course or there would be no co- the millions of students who count on technical education programs include rigorous ordination between the two. This al- the career and technical education pro- and challenging academic courses; offering lows for a smooth transition from high grams we are aiming to strengthen. career and technical programs of study— school into community colleges and 4- Career and technical education is a known as career majors; offering dual enroll- year colleges in the vocational tech- fundamental part of our efforts to im- ment in secondary and postsecondary nical area which we think is impor- prove academic achievement at all lev- courses; and permitting private and home tant. els so our Nation remains competitive school students to participate in career and Greater accountability is critical, in the 21st century global economy. technical education programs. Additionally, I and a new use we were able to put in And this conference report sharpens am pleased that the bill allows for increased this bill which is something I was real- the Perkins program’s focus on both funding flexibility at the state level as well as ly in favor of was an allowable use as rigorous academics and technical the promotion of state incentive grants to pro- entrepreneurial education as part of achievement. It protects and enhances grams with exemplary performance, the Perkins grants. local control at a State and commu- Career and technical education is an impor- So in the areas that I focus on right nity level. And it seeks more opportu- tant part of America’s K–12 education system, now in rural America, we are losing nities for coordination between sec- and I would urge my colleagues to vote in our young people at a rapid rate. If you ondary and postsecondary career and favor of S. 250 today. This legislation will help teach them entrepreneurial skills, how technical education. improve both our education system and our to write a grant, how to write a busi- This conference report would not be nation’s ever-changing economy as students ness plan, how to market, particularly possible if not for some key staff mem- are more prepared to enter either the work- how to market using the Internet, and bers at the Education and the Work- force or some form of post-secondary edu- you give them those skills, sometimes force Committee: Whitney Rhoades, cation following their graduation from a local they can find a way to stay in a small Stephanie Milburn, Lucy House, Rich career and technical education program. town and make a living. So we think Stombres, and Susan Ross on the com- My congressional district has the highest that entrepreneurial skills are going to mittee staff, and Denise Forte and percent manufacturing in America. But even be critical as a part of this program. Lloyd Horwich from the minority staff manufacturing is changing. In order to com- As has already been mentioned, the have worked tirelessly to get to this pete with China, India and other worldwide na- flexibility is critical at the State and point where we are today. I would like tions the same old approach will not work. We local levels because what constitutes to thank Sara Rittling of my staff who need flexible and creative education programs vocational education in one State or has worked on this as well. to complete the needs. one region may not be similar to what For those not familiar with the proc- Mr. CASTLE. Mr. Speaker, I thank another region needs, and that flexi- ess around here, without that staff, I the gentleman. I yield 3 minutes to the bility is critical. am sure Ms. WOOLSEY and I would prob- gentleman from Nebraska (Mr. So, again, I just want to express ably agree, we would probably never OSBORNE), another individual who has strong support. I think it is a very good get a bill like this written. Their work probably done as much for young peo- bill, very good conference report and is exemplary in this particular case. ple as anybody in this country and in want to thank Mr. CASTLE and all And I would just like to thank them his lifetime in a variety of capacities. those involved again, and the staff par- for their determination and expertise. Mr. OSBORNE. Mr. Speaker, I would ticularly. Again, I thank my colleagues on the like to thank Subcommittee Chairman Ms. WOOLSEY. In closing, Mr. committee on both sides of the aisle for CASTLE and Mr. MILLER and Ms. WOOL- Speaker, I would like to remind every- their efforts on this conference report, SEY and Chairman MCKEON for their body that more than 11,000 high schools and I do urge its final passage. work on this bill and rise in support of and regional technical centers and 2,600 Mr. KIND. Mr. Speaker, I rise today in sup- it. postsecondary schools provide career port of the Reauthorization of the Carl D. Per- I am especially pleased that Congress and technical programs to high school kins Career and Technical Education Improve- has shown such strong support for the students and adults who are returning ment Act. As a member of the Education and Perkins program in view of the fact to the workforce or wishing to learn the Workforce Committee and having served that it has been zeroed out on succes- new skills. That supports our goal that on the Conference Committee, I am pleased sive years by the administration, and all students should have access to ca- we have reached an agreement to ensure the it seems that people in this body un- reer and technical programs that give continuation of this important program. derstand the importance of a voca- them a strong academic foundation and Research shows that secondary students tional technical education, particu- technical proficiency. This provides op- who participate in career and technical edu- larly important in my State of Ne- portunity for jobs that pay a livable cation achieve better employment and earn- braska which is largely rural. In rural wage. It prevents dropouts, and it gives ings outcomes than other students. Further, America, if you do not have vocational a path into college-level education these students are more likely to pursue post- technical education you have real prob- should an individual choose. secondary education, have a higher grade lems. So this has been critical. This legislation today renews our point average in college, and are less likely to Also, we currently lack the skilled commitment to prepare our workforce drop out in the first year of college. workforce in our country to maintain for the global economy. It solidly re- Recognizing the positive contributions of ca- our economy; and a big key to this, of jects the President’s proposal to elimi- reer and technical education, I support swift course, is vocational training. nate the program. passage of this bill. This legislation is the This bill improves vocational tech- So, finally, it was wonderful to hear product of considerable and effective bipar- nical education in several key areas. Mr. REGULA, his words in support of vo- tisan negotiations. As has been mentioned, it requires cational education, because he is the While I intend to continue working with my greater academic rigor, especially in ranking member of the subcommittee colleagues on the Senate side to improve the math and science. I think a few years on appropriations that we go to to fund particular funding levels for Wisconsin through

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00021 Fmt 4634 Sfmt 9920 E:\CR\FM\A27JY7.012 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5978 CONGRESSIONAL RECORD — HOUSE July 27, 2006 the appropriations process, I am satisfied with GENERAL LEAVE medical genius and astonishing tech- the overall bill. A lot of time and work by com- Mr. BARTON of Texas. Mr. Speaker, nology in terms of surgery and ortho- mittee members and staff have been put into I ask unanimous consent that all Mem- pedics and diagnosis, American health drafting the best bill possible that everyone bers may have 5 legislative days within care is still stuck back in the 19th cen- can support. which to revise and extend their re- tury, with a paper record system that Specifically, I am glad that S. 250 retains a marks and insert extraneous material is inefficient, wasteful, error-prone and separate authorization for the Tech Prep pro- on H.R. 4157. occasionally dangerous. The legislation gram. The House-passed bill eliminated this The SPEAKER pro tempore (Mr. CAS- before us today should change that. separate funding and during committee con- TLE). Is there objection to the request With H.R. 4157, records that have sideration of the bill, Representative TIERNEY of the gentleman from Texas? been stuffed in a file cabinet and illegi- and I offered an amendment to restore Tech There was no objection. ble prescriptions that nobody can read Prep as a separate authorization. scrawled on pieces of paper will finally f Tech Prep creates seamless pathways for give way to digital medical records, secondary students to transition into post-sec- HEALTH INFORMATION TECH- electronic prescribing, and efficient co- ondary education programs in the high-skill, NOLOGY PROMOTION ACT OF 2006 ordination of care. Sick patients will high-wage technical fields. These academi- The SPEAKER pro tempore. Pursu- get better and everybody should save cally and technically prepared graduates are ant to House Resolution 952 and rule money. critical to the economic growth, productivity XVIII, the Chair declares the House in The bill before us sets out a frame- and internal competitiveness of the United the Committee of the Whole House on work for endorsing core interoper- States. Knowing how critical this funding is to the State of the Union for the consider- ability guidelines and mandates com- our local communities, I am pleased funding ation of the bill, H.R. 4157. pliance for a Federal information sys- for the Tech Prep program has been kept sep- tem within 3 years of endorsement of b 1311 arate from the Perkins block grant. such guidelines. Of vital importance In addition to protecting Tech Prep, the con- IN THE COMMITTEE OF THE WHOLE are provisions contained in the legisla- ference report increases the role of math, Accordingly, the House resolved tion that create safe harbors to the science and technology in career and tech- itself into the Committee of the Whole Stark and Anti-kickback laws for the nical education programs and encourages the House on the State of the Union for the provision of health information tech- expanded use of technology by teachers and consideration of the bill (H.R. 4157) to nology and services to better coordi- faculty. Increasing the emphasis given to amend the Social Security Act to en- nate care between hospitals and pro- science, technology, and mathematics is crit- courage the dissemination, security, viders. These changes are long overdue. ical for the United States to retain its global confidentiality, and usefulness of Hospitals and other health care enti- competitiveness. We cannot afford to ignore health information technology, with ties that have invested in systems that growing competition from other countries by Mr. SIMPSON in the chair. are tested and work well should be able directing our resources away from these fields The Clerk read the title of the bill. to share their experience and pur- of study. The CHAIRMAN. Pursuant to the chasing power with physicians. Current Again, I would like to thank all those in the rule, the bill is considered read the laws have prevented these reasonable education community who participated in reau- first time. steps to better coordinate patient care thorization for their input and work on this bill. General debate shall not exceed 1 by not allowing the sharing of health I am particularly pleased to acknowledge Dr. hour, with 35 minutes equally divided information technology systems. Bill Ihlenfeldt, President of the Chippewa Val- and controlled by the chairman and Also, I would like to express support ley Technical College in Eau Claire, WI, who ranking minority member of the Com- for the Secretary of Health and Human testified before the Education and the Work- mittee on Energy and Commerce, and Services to look at the list of entities force Committee in May of 2004. His thoughts 25 minutes equally divided and con- that we make eligible for this safe har- and perspective on reauthorization of the Carl trolled by the chairman and ranking bor and to expand upon it, specifically, D. Perkins Career and Technical Education minority member of the Committee on to include independent clinical labora- Improvement Act were invaluable in address- Ways and Means. tories which carry a great deal of ing the needs of our country. His insight was The gentleman from Texas (Mr. BAR- health data that should be shared elec- especially helpful in considering issues of im- TON) and the gentleman from New Jer- tronically. portance for the 53,000 students attending sey (Mr. PALLONE) each will control b 1315 technical schools in my district—Western 171⁄2 minutes, and the gentlewoman Technical College, Chippewa Valley Technical from Connecticut (Mrs. JOHNSON) and These safe harbors will allow for eco- College, and Southwest Tech—as well as the the gentleman from California (Mr. nomical sharing of health information countless career and technical secondary stu- STARK) each will control 121⁄2 minutes. technology to better coordinate care, dents in the Third Congressional District of The Chair recognizes the gentleman reduce medical error, and improve pa- western Wisconsin. I urge my colleagues to from Texas. tient outcomes. vote yes. Mr. BARTON of Texas. Mr. Chair- Medical science in recent years has Mr. CASTLE. Mr. Speaker, I yield man, I yield myself such time as I may produced tremendous discoveries that back the balance of my time. consume. have revolutionized how we treat dis- The SPEAKER pro tempore. Without Mr. Chairman, I am pleased that the ease and care for patients. Unfortu- objection, the previous question is or- House today is going to consider H.R. nately, the medical record information dered on the conference report. 4157, the Health Information Tech- technologies needed to take advantage There was no objection. nology Promotion Act of 2006. This leg- of these discoveries remain locked in The SPEAKER pro tempore. The islation should help move our health an era of paper and filing cabinets. We question is on the conference report. care system into the modern era and can do better, and the legislation be- The question was taken; and the the modern information age. fore us today will do better. Speaker pro tempore announced that We all remember a time when e-mail Mr. Chairman, I reserve the balance the ayes appeared to have it. was a dream and getting the legislative of my time. Mr. CASTLE. Mr. Speaker, I object text from the House of Representatives Mr. PALLONE. Mr. Chairman, I yield to the vote on the ground that a Web site was impossible because it sim- myself 3 minutes. quorum is not present and make the ply did not exist. As information sys- Our Nation’s health care system is point of order that a quorum is not tems have moved into the digital age, arguably the most inefficient and cost- present. Congress and most of the private sector ly system in the industrialized world. The SPEAKER pro tempore. Pursu- have embraced it. We have found that We spend approximately $1.7 billion an- ant to clause 8 of rule XX, further pro- we could get information much more nually on health care, and yet many of ceedings on this question will be post- efficiently and quickly at much less our citizens are in poorer health than poned. cost. the citizens of countries that spend far The point of no quorum is considered The health care system, for whatever less. That is because our Nation’s withdrawn. reason, has not done that. For all of its health care system is wrought with

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JY7.010 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5979 problems, including skyrocketing costs let me finally talk about the process in one of the aspects may be a medication that make it difficult for Americans to which this bill was developed. House overdose, or a bad medication reaction. afford the care that they need, incon- Republicans have taken an opportunity The parents had not yet arrived and we sistent quality, and huge disparities in for all of us to work together on an im- had not yet accessed his medical care and access. Clearly, the status quo portant issue and they have squandered records. Why? Because the medical is not working and something has to be it. The Senate was able to pass a bipar- records were in a file somewhere back done to fix these problems. Health care tisan bill that would accomplish a lot in my office in another section of the experts around the country agree that more than the bill we are debating hospital and were ones that the emer- health information technology, or HIT, today. They authorize grants and gency room staff could not acquire. could provide a partial solution to our loans, they don’t roll back fraud and Think of this, too. If one of us, any of problems. abuse protections, and they ensure us, any American is traveling in a town Now, while estimates vary, the po- interoperability. But they did this all somewhere in America and a medical tential savings from HIT could reach on a bipartisan basis in the Senate. crisis hits them, for someone who is di- between $81 billion and $170 billion an- Democrats in the House tried to offer abetic or perhaps has heart disease or nually by improving coordination of that bill as a substitute in the Rules some other problems, where do we get care, patient safety, disease manage- Committee yesterday, but we were de- the records to determine what to do? It ment, and prevention efforts. Under nied the substitute. And it is a shame is for this reason that we recognize the Republican bill we are debating that House Republicans couldn’t follow about $162 billion a year is lost in today, however, none of these savings the Senate’s lead and work with Demo- health care, according to the RAND will be realized. That is because the crats to move our Nation forward on Corporation, and you include all the bill will do nothing to move our Nation HIT and improve the health of all other paperwork and problems that forward on health information tech- Americans. come with hospital care, perhaps $290 nology. I urge my colleagues to vote ‘‘no’’ on plus billion is spent on that. Why? Be- The CBO agrees with the Democrats, this bill, because although we think cause of medical records. and I quote, ‘‘CBO estimates that en- that health information technology is The current medical records system acting H.R. 4157 would not signifi- very important, this bill will not ac- is this: Room after room after room in cantly affect either the rate at which complish the goal. a hospital filled with paper files. What the use of health technology will grow Mr. Chairman, I reserve the balance happens if we move to electronic med- or how well that technology will be de- of my time. ical records where it is, instead of here, signed and implemented.’’ So I don’t PARLIAMENTARY INQUIRY it is in a computer? This is what that want anybody to be fooled here today. room looks like. It is now in a com- Don’t let the Republicans sell you this Mr. BARTON of Texas. Parliamen- tary inquiry, Mr. Chairman. puter, accessible to physicians in a hos- lemon. pital, with pass codes and access codes My friends on the other side of the The CHAIRMAN. The gentleman will that keep it secure, because HIPAA aisle would have us believe that this state his inquiry. laws say it must be secure; that people bill is going to transform our health Mr. BARTON of Texas. Mr. Chair- care system into a model of efficiency, man, how is time going to be rotated? can’t have that, and then it becomes and it is all a bunch of hype. Let me Do we do all the Energy and Commerce records that look more like this. Again, a doctor with clear authoriza- mention a few ways in which this bill time and then the Ways and Means tion ahead of time could find a pa- is flawed. time; or do we rotate in sequence? First of all, there is virtually no The CHAIRMAN. The Chair would ac- tient’s name, see their status, see what funding, and I stress that, virtually no commodate the wishes of the man- is going on, and move towards that and funding to help providers, such as phy- agers. pull these records out. Otherwise, you sicians or hospitals, to purchase this Mr. BARTON of Texas. Okay. Con- end up in a situation of medical crisis. technology. The meager amount of gresswoman JOHNSON says the Energy Patients can carry this information in funding authorized in this bill will and Commerce Committee goes first. a credit card or on a zip drive they can barely make a dent in advancing the Mr. PALLONE. I think, Mr. Chair- carry on their key chain. All this is use of HIT. Instead of making grants or man, we were told in advance that we critically important because it saves loans available to doctors to help them would do Energy and Commerce first, lives and saves money. purchase equipment or train employ- so that is the way we would prefer to The best doctors and the best hos- ees, Republicans have decided to roll proceed. pitals in America, if they cannot get back anti-kickback and self-referral Mr. BARTON of Texas. Okay. That is the patient information they need protections so that doctors will have to what Congresswoman JOHNSON also when they need it, it can lead to mor- rely on other types of providers for this says. I was not informed of that. bid consequences: Higher mortality. technology. Make no mistake about it, Mr. Chairman, I yield 3 minutes to a And that is what ultimately this bill is this is going to open the door for fraud distinguished physician member of the about. This is a huge step forward be- and abuse to run rampant and will Committee on Energy and Commerce, cause we have to have standards and eventually add to our health care Dr. MURPHY of Pennsylvania. other things moving forward. Hospitals costs. Mr. MURPHY. I thank the chairman all across America are moving towards Secondly, this bill does nothing to and the Members for an opportunity to some level of electronic medical improve protections for medical pri- talk about this vitally important bill. records. But if we don’t find ways of vacy. Electronic health information Years ago, when I was working at making them able to talk to each systems that make it easier to ex- Children’s Hospital in Pittsburgh, I other, with uniform standards, inter- change medical information require happened to be walking by the emer- operability, et cetera, we are essen- new privacy protections to be imple- gency room when a resident called me tially creating a medical Tower of mented and strongly enforced. In spite urgently in on a case that was there. It Babel. We have more information, but of the privacy breaches we saw this was a child who was having out-of-con- they can’t talk to each other. year at the Veterans Administration, trol behavior, rapid heart rate, rapid At that moment of crisis in a health and also at CMS, Republicans don’t breathing, and she merely commented care center, whatever that is, whether seem to think there is a need to that this child’s behavior was out of you are at home or far away, no matter strengthen our Nation’s privacy laws. control. That could have been a symp- how good your doctor and hospital is, But I have to tell you, Americans are tom of anything. Was the child having you want them to have that informa- not going to stand for this. They are a seizure? Was the child poisoned? Was tion. Patients can preauthorize that in- not going to want their most personal the child having a drug problem, a neu- formation. They can carry that with information floating around cyber- rological crisis, a heart problem, or a them. But this is the new technology, space without any reasonable safe- whole host of issues? and if we don’t do this, we will see guards. As it was, I happened to recognize many lives lost, and that is something There are a number of other prob- the child as a patient of mine and we we cannot afford to do. That is why I lems with this bill, Mr. Chairman, but quickly came to the conclusion that urge the passage of this bill.

VerDate Aug 31 2005 03:05 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.032 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5980 CONGRESSIONAL RECORD — HOUSE July 27, 2006 Mr. PALLONE. Mr. Chairman, I yield Under the current law, called HIPAA, every State may get involved. Real 3 minutes to the gentleman from Cali- we have very strict privacy protection achievement only comes when we im- fornia (Mr. WAXMAN). guidelines. Those guidelines are cur- prove health care, reduce costs, and Mr. WAXMAN. Mr. Chairman, we rently under review. There have been start saving lives. should not pass H.R. 4157 without in- over 50,000 comments filed with HHS Mr. PALLONE. Mr. Chairman, I yield cluding essential privacy protections for some proposed changes in those. 2 minutes to the gentleman from Texas for the health information of American Nothing in the Senate bill, that is a (Mr. GREEN). consumers. Privacy protection should companion bill to this bill, deals with (Mr. GENE GREEN of Texas asked go hand-in-hand with efforts to pro- privacy. and was given permission to revise and mote health information technology, Privacy is an important issue, but extend his remarks.) yet the Republican leadership refused more important is that we get a health Mr. GENE GREEN of Texas. Mr. to include appropriate privacy protec- information system technology in Chairman, I rise in opposition to the tions or allow consideration of privacy place, and that is what this bill does. Health Information Technology Pro- amendments. Mr. Chairman, I yield 2 minutes to motion Act. Health IT, as we call it, Our health care system will not be ef- the former Governor of the First State, has the potential to revolutionize our fective if privacy fears deter Americans the great State of Delaware (Mr. CAS- health care system by improving from seeking appropriate treatment. TLE). health outcomes through increased ef- Unfortunately, survey after survey Mr. CASTLE. Mr. Chairman, I would ficiency and accuracy. Despite the demonstrates that American con- like to thank Chairman BARTON for bill’s title, however, this legislation sumers lack confidence that the pri- yielding, but I also want to thank him would do little to actually promote the vacy of their personal health informa- for his great work on this important adoption of health IT among the pro- tion will be protected. legislation, H.R. 4157, which I support; viders who would most benefit from it. Just last year, the California Health and also the gentlewoman from Con- Most importantly, the bill fails to in- Care Foundation found that nearly necticut (Mrs. JOHNSON) has worked on clude adequate funding to help pro- two-thirds of Americans polled were this for some time, and will be speak- viders invest in this promising tech- concerned about the privacy of their ing shortly. nology. The $30 million in grant fund- health information, and one out of With recent reports estimating that ing is only a drop in the bucket, so to eight had taken steps that could have medical errors may be responsible for speak, and will be stretched thin put their health at risk simply because up to 98,000 deaths and 1.5 million among the many providers who need fi- of privacy concerns. Moving health medication errors each year, there is nancial assistance with health IT adop- records into electronic form is only no doubt in my mind that the time has tion. likely to increase their fears unless we come to move towards an electronic b 1330 act to ensure appropriate privacy pro- health records system. Unfortunately, the Rules Committee tections are in place. I am pleased this legislation offi- Recent incidents involving security failed to make in order either the Din- cially establishes the Office of the Na- gell/Rangel substitute or my amend- threats to medical information have tional Coordinator for Health Informa- underscored the vulnerability of elec- ment, which would have gone a long tion Technology, because it is abso- tronically maintained data. In June, way to facilitating widespread health lutely vital that the Federal Govern- we learned that Medicare data on 17,000 IT adoption. Specific to my amendment take the leading role in estab- beneficiaries enrolled in a Medicare ment, which I submitted with my col- lishing such a system. Without a stra- prescription drug plan had been put at leagues on our committee, Mr. GON- tegic Federal plan, I worry that each risk due to inappropriate security pro- ZALEZ and Mr. RUSH, would authorize a State will be left to their own devices tections on a computer file. And then Medicare add-on payment, a competi- and we will end up with a patchwork the Department of Veterans Affairs’ tive grant and a State loan program to system. I am hopeful that the stand- computer that was stolen several help providers invest in this tech- ards which are set will be easily adapt- months ago contained sensitive infor- nology. mation that included disability ratings able for the States and regions that are If health IT is a priority of the Fed- for some veterans and notes about already working on such connectivity. eral Government, then we need to put In my State of Delaware, we have es- some veterans’ health conditions. our money where our mouth is. In fact, according to the Privacy tablished the Delaware Health Infor- The bill is also sorely lacking in pri- Rights Clearinghouse, nearly 90 million mation Network. It has secured a $4 vacy protections. If patients are going electronic data records of U.S. resi- million contract with the Agency for to buy in to the benefits of health IT, dents have been compromised because Health Care Research and Quality to we must ensure that personal health of security breaches in just the past establish an e-health system in our information is as secure as possible. year and a half. hospitals, physicians’ offices, and lab- We already know from nationwide This administration’s lax approach oratories. Eventually, we hope this will surveys that two-thirds of Americans to enforcing existing medical privacy be extended to our nursing homes and are concerned about security of their requirements has raised additional con- community health centers as well. personal health information. cerns. A recent Washington Post arti- Because Delaware is such a small The very nature of health IT is at cle reported that the administration State, it is quite possible that our net- risk of privacy breach; therefore, the has not imposed a single civil fine work can spread across the Mid-Atlan- proliferation of health IT must be ac- under the Federal medical privacy rule tic region to include New Jersey, Penn- companied by increased privacy protec- despite nearly 20,000 complaints of vio- sylvania, and Maryland, and that is tions. lations over the 3 years the rule has why we have been working so hard to Unfortunately the Rules Committee been in effect. get it right and to make sure inter- failed to allow the Markey/Capps It is irresponsible for Congress to operability truly exists. amendment to be considered. That im- promote the development and use of A national health electronic infra- portant amendment would have re- health information technology without structure could truly be lifesaving for quired patient consent before their ensuring that necessary privacy and se- the millions of patients who access our health records were shared, as well as curity for health information are in health care system every day, as we patient notification in the event of a place. have seen in our VA hospitals. There is privacy breach. This commonsense I thank the gentleman from New Jer- real opportunity here to have elec- amendment would have closed a glar- sey for yielding to me so I could point tronic patient records, with appro- ing loophole that we currently have in out these specific concerns that I have priate private protections, electronic HIPAA. with this legislation, and I wish we prescribing, real-time understanding of In doing so, it would have given pa- could address them. prescription interactions, and im- tients the privacy assurance they need Mr. BARTON of Texas. Mr. Chair- proved outcomes. to share important health information man, I yield myself 30 seconds before I I am hopeful this bill will be swiftly and to maximize the benefits of health yield to Mr. CASTLE. conferenced with the Senate version so IT to their personal health.

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.033 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5981 It is not often I advocate that the can be saved if we make these impor- adoption and implementation of health House should follow the Senate’s lead, tant steps towards enacting this legis- information technology such as elec- however, we should have better served lation. tronic medical records. Start-up costs our constituents if we take up the Sen- Mr. PALLONE. Mr. Chairman, I yield are a very significant failure and a bar- ate bill. 4 minutes to our ranking member of rier that physicians face. Passed unanimously by the Senate, the full committee, the gentleman Third, H.R. 4157 goes too far in under- that bipartisan health IT bill will pro- from Michigan (Mr. DINGELL). mining fraud and abuse laws as its re- vide the necessary resources and pave (Mr. DINGELL asked and was given sponse to needed investment. The ex- the way for Americans to benefit from permission to revise and extend his re- ceptions provided in this bill to the the promised health IT. marks.) Stark self-referral and anti-kickback I encourage my colleagues to vote Mr. DINGELL. Well, Mr. Chairman, statutes potentially encourage biased against this bill. here we are again. Bad legislation, bad decision making about a patient’s Mr. BARTON of Texas. Mr. Chair- procedure, unfair behavior by the ma- treatment, and it sets up a situation man, I yield 2 minutes to another dis- jority, and the inability to have a prop- where a doctor may be compelled to be tinguished member of the Energy and er discussion of the matter before us or confined in a system run by a par- Commerce Committee, who is also a to have an honest chance to amend a ticular hospital or health care pro- medical physician, Dr. BURGESS of bad bill. vider. Texas. My Republican colleagues are wast- Fourth, the bill falls short in estab- Mr. BURGESS. Mr. Chairman, thank ing a fine opportunity to make real lishing comprehensive standards. It you for bringing this important bill to progress in an area in which most does little or nothing to promote the the floor. Members of Congress are highly sup- adoption of standards by providers. The The bill, 4157, will codify and expand portive, health information tech- fastest way to accomplish this would the authorities and duties of the office nology. We have a chance not only to be to have the Federal Government to of the National Coordinator for Health save money and time, but we also have abide by the standards that it adopts Information Technology, Department a chance to save lives. But we won’t for electronic communications so that of Health and Human Services. This in- even allow a proper discussion or fair others in the private sector will follow. and decent amendments. cludes a number of responsibilities, H.R. 4157 does none of this. We have a chance to help providers to such as endorsing the interoperability The bill fails seriously on issues of transform their practices so that they guidelines under a schedule, con- patient privacy, funding for health in- could better serve the needs of their ducting a national survey on the infor- formation technology, providing and patients and so that there could be mation exchange capabilities of certain promoting electronic communications electronic communications with pro- entities, and reviewing Federal infor- between providers, and protecting viders, health plans and with the gov- mation systems and security practices. against fraud. This is a bad bill. A ernment. The bill requires that certain Federal The Democrats sought a substitute chance to write good law has been re- health information collection systems to the committee bill under the rules. jected. The bill should be rejected, and be capable of receiving information in The Rules Committee, as usual, re- I urge my colleagues to vote ‘‘no.’’ a form consistent with any guidelines jected it. So we are functioning under a Mr. BARTON of Texas. Mr. Chair- endorsed by the National Coordinator, gag rule. This alternative was identical man, I yield 2 minutes to the Vice within 3 years of endorsement. to the bill the Senate passed unani- Chairman of the Energy and Commerce We have heard some discussion about mously last November with strong pri- Committee, the brightest bloom to the issues of grants. Currently there vacy protections, and with bipartisan come out of Laurel, Mississippi, CHIP are grants through both CMS and my sponsorship and support. The Senate PICKERING. own Texas medical foundation back in bill, S. 1418, was jointly introduced Mr. PICKERING. Mr. Chairman, I Texas. But indeed, this bill authorizes after being negotiated between Sen- rise today in support of very significant legislation. Too often in this place targeted grants to help integrated ators FRIST, CLINTON, ENZI and KEN- we are faced with dilemmas and dif- health systems relay information and NEDY. But we won’t be permitted to better coordinate the delivery of care vote on it today. We must hear from ficult choices of trying to find savings for uninsured, under insured and medi- our Republicans as to why it is they that could diminish care, the quality of cally underserved populations. are afraid to allow proper debate, or care, the availability, the accessibility The bill also contains a demonstra- why it is that they won’t allow a prop- of care. But this is actually an oppor- tion program to promote the adoption er vote on matters which could strong- tunity for us, in this Chamber, and as of health IT in the small physician set- ly, broadly and importantly affect we go through the legislative process ting, absolutely critical in many of our their constituents and mine. in the House and the Senate, to have rural markets. The bill before us falls short. First, it significant savings to allow a stronger, My colleague, Dr. MURPHY, was up makes no progress towards protecting more sustainable Medicare Medicaid here a moment ago and showed a pic- the privacy and security of health in- health care system, that instead of re- ture of a medical record, an old paper formation. Expanded use of electronic ducing the quality of care, improves medical records system in a hospital. I health care systems clearly has a great the quality of care, reduces errors and actually want to tell you that that is potential benefit, but it also poses seri- improves the efficiency of how health pretty far from the truth. Normally ous threats to patients’ privacy by cre- care is delivered. This is a great oppor- you go in medical records department, ating greater amounts of personal in- tunity and it should be an opportunity it is nowhere near that clean. There formation susceptible to thieves, ras- of bipartisan support. I do believe that are records stacked on the floor. They cals, rogues and unauthorized users. when we get to the final product, that are stacked by dictation machines. Of- President Bush said something to my when we finish the House and the Sen- tentimes a critical record is hard to Republican colleagues, and I hope ate conference, that this is something find. every once in a while they listen to where we can have broad consensus. We But contrast that with what I saw in their leader. He said this: ‘‘I presume I do not necessarily need partisan divi- New Orleans, Louisiana when we had a am like most Americans. I think my sion on something that has such great hearing down there earlier this year. medical records should be private. I promise and potential to save money, The records room of Charity Hospital don’t want people prying into them. I the resources that we so desperately is absolute chaos. There is still water don’t want people looking at them. I need in our health care system, but, on the floor. There are records all over don’t want people opening them up un- more importantly, to protect and pro- that room. There is black mold grow- less I say it’s fine for you to do so.’’ mote and to heal the individuals and ing up the sides of the records. Clearly, Well, why is it that you won’t pro- the lives across the country. those records are unusable in any form tect, then, the records of people and Just coming out of Katrina, we have or any hope to be usable in the future. share the concerns of the President? seen in hospitals and health clinics and That is why this legislation is so crit- Second, H.R. 4157 fails to include suf- community health centers across Mis- ical. Lives, as well as money and time ficient Federal funding to foster the sissippi, the loss of medical records. If

VerDate Aug 31 2005 03:02 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.036 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5982 CONGRESSIONAL RECORD — HOUSE July 27, 2006 we have electronic records in place, cians and patients waste valuable time technology; and, as I mentioned when I that will not happen in future storms. on paperwork. And I saw situations spoke against the rule, privacy protec- This is a critical protection to the where available critical information tions. What good is health information records which are vital to the health was not available during a crisis. technology if providers cannot commu- care of our citizens. Those that are Immediately following Hurricane nicate with each? What good is the ex- poor and low income, electronic Katrina and Rita, the need for portable istence of health IT if nobody can af- records in community health centers electronic medical records became un- ford to use it? And what good is mak- and in Medicaid systems and in VA sys- deniable when thousands of patients’ ing our personal, private, sensitive in- tems have seen and will see tremen- records were destroyed or inaccessible. formation vulnerable to improper ac- dous benefits. This is an area in health But we did see some hope in that the cess and disclosure? care policy where we should not be di- New Orleans VA Hospital, despite being Unfortunately, we are still in an age vided, where we should find agreement, flooded, had records for 50,000 patients where individuals may be discrimi- and we should accomplish good things that survived because of the electronic nated against because of health condi- together. nature of the records and the backup tions. Here is our chance in a bill to Mr. Chairman, I support this legisla- system that was available. protect personal information from tion, and thank you for your leadership We also saw a secure Web site, being used to discriminate against peo- on this issue. Katrinahealth.org, established through ple. And my colleagues on the other Mr. PALLONE. Mr. Chairman, I yield a private/public partnership that was side of the aisle have indicated they do 2 minutes to the gentleman from Illi- another promising example. not care about patients’ rights to pri- nois (Mr. RUSH). b 1345 vacy. If you look carefully at the orga- Mr. RUSH. Mr. Chairman, I was dis- nizations supporting privacy protec- appointed with this bill during the When it comes to the use of informa- tions, you will notice they are patient mark-up in the Energy and Commerce tion technology, America’s health care advocates, consumer groups, health Committee, and I remain disappointed sector has lagged far behind other eco- professionals. with the final version on the floor nomic sectors for decades. Our ineffi- Those opposing it? The industry. today. With information technology, ciencies also squander billions of Whom are we passing this bill for this Congress has an opportunity to health care dollars that could other- today? I thought it was supposed to be revolutionize the way health care is de- wise go to helping patients. for patients so that they could receive livered in this country, but this bill is This legislation pending before the better care and for the health profes- weak and it merely props up the status House today is critical. It will help sionals so they could provide better quo. And, Mr. Chairman, this bill could overcome one of the most significant care. But it is clear to me that this bill actually make things worse. barriers to the adoption of health IT. before us disregards patients’ needs. My main concern is that underserved Small physician practices find it finan- We need to start over and do a better communities would not be a part of the cially difficult to invest in health IT job. HIT is that important. But not health care information technology equipment. The investment can run as this bill. I, therefore, oppose H.R. 4157 revolution. Too often communities high as $120,000 per physician. Federal and urge my colleagues to vote ‘‘no.’’ such as those I represent where a dis- statutes currently make it illegal for Mr. BARTON of Texas. Mr. Chair- proportionate number are minority these providers to accept this equip- man, I yield 2 minutes to a member of Americans and are the last to garner ment from a hospital or an insurance the committee, the distinguished ma- the benefits of new technological devel- partner. To address this problem, this jority whip from the Show-Me State of opments. As such, it is vital that any bill would provide the adequate safe Missouri, the Honorable Mr. BLUNT. serious HIT bill have a funding compo- harbor so that organizations could do- Mr. BLUNT. Mr. Chairman, I thank nent that aids low income providers. nate equipment to physicians without Chairman BARTON for yielding and for Unfortunately, this bill does virtually violating law. bringing this bill to the floor. nothing to address this very serious H.R. 4157 will help empower patients. The chairman and members of our problem. It does preserve State privacy laws. It committee, particularly Mrs. JOHNSON Nor does this bill have adequate re- limits skyrocketing costs. And it will from Connecticut on the Ways and quirements for interoperability which improve quality. Failure to modernize Means Committee, have been so instru- is, of course, a very huge flaw. Many our health system is simply unaccept- mental in getting this bill to the floor low-income residents in densely popu- able, particularly given the aging popu- today. This is a critically important lated urban environments do not have lation, the rising health care costs, and start. a primary care doctor that serves as a the prospects of future natural disas- As I sat here and listened to the de- consistent medical provider. Instead, ters. bate, it is clearly like we are debating these citizens often go from provider to So I urge passage of this very impor- two different bills: one that wants to provider, from clinic to clinic, and re- tant legislation. change the entire world in one bill and ceive their health care only sporadi- Mr. PALLONE. Mr. Chairman, I yield one that wants to step forward. cally. As such, it is vital that all of 2 minutes to the gentlewoman from On the privacy issue, this does not do these providers are connected to inter- California (Mrs. CAPPS). anything to change current privacy operable information systems, such Mrs. CAPPS. Mr. Chairman, I thank standards, but what it does is allow the that they are all able to communicate my colleague for yielding. information that people have about with each other and share necessary I rise in strong opposition to H.R. their health to be shared in a way that medical information. Without inter- 4157. Rather than move our health care helps them. And in terms of the cost, operability requirements, we are left system into the 21st century, this bill taxpayers pay an awful lot of the with the possibility of a network of does little other than bestow gifts upon health care cost in the country today. fragmented health care delivery sys- the insurance companies and big busi- And as my good friend Mr. PICKERING tems that are not able to talk to each nesses. HIT does have great promise, pointed out, this is a way to minimize other and coordinate care. great opportunity. And as a nurse, I cost and maximize benefits to patients Mr. Chairman, I must oppose this know very well the importance, for ex- at the same time. That does not hap- bill, and I urge my colleagues to oppose ample, of electronic medical records. pen very often. it also. But if the leadership was really serious Mr. Chairman, we have a little town Mr. BARTON of Texas. Mr. Chair- about facilitating wider-spread adop- in my district, Branson, Missouri, and man, I yield 2 minutes to a distin- tion of HIT that is able to deliver bet- it has lots of tourists. Seven or eight guished congressman from the Pelican ter quality health care for patients, million people come there ever year. State of Louisiana, who is a cardio- this bill would have contained the fol- Last year, last August, I was sitting at vascular surgeon, Dr. BOUSTANY. lowing: lunch beside the hospital adminis- Mr. BOUSTANY. Mr. Chairman, dur- A timeline for achieving interoper- trator, and he shared with me that paring my career as a cardiovascular sur- ability; funding so that hospitals and ticularly in about the fall, most of the geon, I saw far too many nurses, physi- physicians could afford to purchase the tourists that come are retired. Many of

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.039 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5983 them come as part of a package travel and I would ask that we reject the leg- in place and secure personal health situation. And he said, If you are re- islation. data, are there changes you need to tired and you paid for a package travel, Mr. BARTON of Texas. Mr. Chair- make in Federal law? Are there com- if you feel like getting on the bus, get- man, before I yield to Congressman monalities in State laws that need to ting on the airplane, you more often CLAY of Missouri, let me compliment be brought closer? Are there any than not make an effort to make that Subcommittee Chairman DEAL for his changes, indeed, that need to be made trip, and more times than you would efforts on this bill. He cannot be here to absolutely secure individual per- expect, the first stop on that trip is the today because his mother is ill, but he sonal health data as we move to this hospital. For somebody who is on that worked very hard. system? That is the issue on privacy. motor coach who should not have prob- Mr. Chairman, I yield 1 minute to the Secondly, this bill adopts a whole ably gotten on but they get to Branson, distinguished congressman from Mis- new coding system, the ICD–10 system. Missouri, not feeling all that well, with souri (Mr. CLAY). Under today’s system, you cannot tell the right kind of ability to get their Mr. CLAY. Mr. Chairman, I thank whether a hospital has made a great health information shared, a 3-day the gentleman for yielding. leap forward in quality because they visit to the hospital could be a 3-hour Mr. Chairman, I rise today in support are doing a better job or simply be- visit to the hospital. of H.R. 4157, the Health Information cause they have changed an operative We need to start this process. Chair- Technology Promotion Act of 2006. I technique from an invasive operation man BARTON understands that. Mrs. believe the bill before us is a thought- to a noninvasive approach to that sur- JOHNSON understands that. Our com- ful and measured approach for estab- gical procedure. So we have to know mittee understands that. This is the lishing the Federal Government’s role more about what we are doing so we way to do it today. I am pleased to see in promoting the adoption of a na- can talk honestly to ourselves about this bill on the floor. It is an important tional health information network. quality, so we can upgrade quality, and first step. You can never get there if The bill before us takes the logical so we can pay accurately. This bill does you do not take the first step. This is step of codifying the Office of the Na- that. a great first step. tional Coordinator for Health IT at This bill sets up an Office of Tech- And, Chairman BARTON, I applaud HHS. This will ensure long-term sta- nology, and we need that office to as- your efforts to get this bill on the bility and continuity in the establish- sure that the public and private sectors floor. ment of policies and programs relating work together to create an environ- Mr. PALLONE. Mr. Chairman, I yield to network interoperability, product ment in which great companies in myself the balance of my time. certification, and adoption throughout America compete to provide the best Mr. Chairman, I just wanted to say, the health care stakeholder commu- possible technology, all of which be- from personal experience in my home nity. It will also prove beneficial to comes interoperable. State of New Jersey over the last few both providers and public health agen- So without a Federal office involved, months, I have visited a number of hos- cies nationwide as vital clinical, pre- without standards being set, we will pitals throughout the State and looked scribing, and laboratory information not have that interoperable system at their health IT, and I have also will be accessible through one inte- that we know is going to be so impor- talked to a number of physicians. The grated network. tant to improve the quality of our reason that this legislation is not I want to thank Congresswoman health care system. going to accomplish the goal of really JOHNSON and Congressman DEAL for Not only do we need to have stand- expanding health IT, and I can tell just their good work. ards; we need to accelerate dissemina- from my experiences with these hos- Mrs. JOHNSON of Connecticut. Mr. tion because the power of health infor- pitals, first of all, most of the doctors Chairman, I yield myself 5 minutes. mation technology is not in a single say that even for a small group prac- I rise in strong support of the legisla- provider. It is in the system-wide im- tice, they probably have to invest tion and would submit my opening pact of it. So this bill helps dissemi- about $50,000 or more into health IT. statement for the RECORD. nate that technology in part through And given the reimbursement rates and I would like to comment on some of its grant provision. But, realistically, what is happening right now, most the comments of my colleagues made the government is not going to pay for physicians, particularly small group earlier. Before I do that, let me just this. The system is going to do it be- physicians in rural areas and in urban take a moment to thank Chairman cause it creates such system effi- areas, are not able to make that kind BARTON and Representative NATHAN ciencies that it pays the system back. of investment. So that is why we need DEAL and my own chairman, Chairman a funding source. However, in addition to grants we en- This bill has very little funding, BILL THOMAS, for their support and ef- courage the system to be able to minimal. And the substitute, which is fort in the development of this bill. But dissiminate technology by allowing based on the Senate bill, on a bipar- instead of doing my opening statement, consortium to develop, by allowing a tisan basis, would provide the funding let me comment on some of the things hospital in a small town to work with to make a meaningful difference so that have been said to this point. the big employers in that town, the big that we would have an increase in First of all, on the issue of privacy, insurers in that town, to get together health IT. That is what this is all this bill sets the groundwork to im- to get a good deal on technology or on about. That is why we should reject prove privacy by putting in place a several technologies so that tech- this bill and adopt something like the study of State privacy laws and Fed- nologies are appropriate to the pro- Senate bill. eral privacy laws so we can see what is viders but are interoperable. In addition, with regard to the pri- working, what is not working, how So this not only deals with the devel- vacy provisions, when I visited the hos- similar are the State laws, where opment of standards, with the dissemi- pitals in New Jersey, it was very clear might their differences inhibit the se- nation of technology, with building the to me that when you start to move curity of a nationwide system. In other knowledge base we need to ensure the with a lot of these electronic and high- words, it gives us the knowledge we privacy of personal health information. tech systems, there is going to be a need to upgrade our HIPAA system if, It moves to a more modern coding sys- real problem with privacy that may indeed, that is necessary. It may tell us tem, and it will deliver to us a dra- not exist now with traditional systems. that is not necessary. But it would be matic revolutionary increase in the Moving to an electronic system, you absolutely irresponsible to move ahead quality of health care available in have to have additional privacy guar- without the information that will be America. It will not only reduce med- antees. And we feel, again, the Demo- developed as a result of this legisla- ical errors and eliminate adverse drug cratic substitute that was rejected by tion. HIPAA already provides absolute interactions, saving millions of dollars, the Rules Committee had those privacy protection of our health information. reduce administrative costs by billions, guarantees. I think they are going to What we want to know is when you but also allow us to do chronic disease be part of our motion to recommit. do what this bill envisions, that is, you management for our seniors, care man- This is the time to address the pri- create a nationwide interoperable agement for the severely ill, and up- vacy issue in the context of this bill, health information system to put that grade the quality of diagnosis and

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.042 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5984 CONGRESSIONAL RECORD — HOUSE July 27, 2006 treatment and return ourselves to a pa- Mr. Chairman, I reserve the balance JOHNSON, Mr. SHAW and Mr. HAYWORTH tient-centered affordable health care of my time. voted against adding provisions that system. b 1400 contain waste, fraud and abuse. They So this is an important bill that sets opposed setting a date certain for the the foundation for the future. And I am Mr. STARK. Mr. Chairman, I yield implementation of interoperability and astounded at my colleagues on the myself such time as I may consume. standards. And they opposed, Mr. other side of the aisle opposing it be- (Mr. STARK asked and was given SHAW, Mr. HAYWORTH and Mrs. JOHN- cause it does not do things we are not permission to revise and extend his re- SON, an amendment to make sure that yet prepared to do. marks.) people’s private medical records were Today the House of Representatives has Mr. STARK. Mr. Chairman, I am protected. Unfortunately, these amend- the opportunity to pass legislation that will lay going to start with three fairy tales, I ments, all rejected on party line votes, the foundation for a new era in health care. had four, but my staff made me cut one would have improved the bill some- Systemwide adoption of health information out, fairy tales your mother would tell what. technology will dramatically improve the qual- you. This does not have to be a partisan ity of care. It will reduce medical errors, re- One, if you didn’t clean your ears, po- issue. The Senate was able to pass duce duplication and unnecessary care, and tatoes would grow in your ears. The unanimously a bill that is greatly bet- bring cutting edge information to the service of second fairy tale my mother told me ter than this bad bill. doctors as they diagnose and treat their pa- was if you ate too many watermelon I have spent countless hours reading tients. It will also eliminate many of the admin- seeds, a watermelon vine would grow and discussing this issue with physi- istrative inefficiencies that characterize the out of your belly button. The third cians and other experts. I spent a day American health system and strengthen and fairy tale is that this bill will do one at the VA to learn about their system. protect the security and confidentiality of blessed thing to help information tech- On numerous occasions, I have reached health information systems. In short it will fun- nology. across the aisle in an attempt to come damentally advance the practice of medicine I am not surprised that my col- up with some vision about how we and improve the quality of care all Americans leagues on the other side of the aisle might move forward. will have access to. spin every issue in a partisan way, but Sadly, this is just a fig leaf, a polit- Unfortunately, the adoption of health infor- it is a shame that you are now using ical statement for campaigns that does mation technology has been frustratingly slow. health information technology as a absolutely nothing to improve the fu- Since the full potential of this technology can pawn to advance your bankrupt ide- ture of information technology, which only be harnessed if it is widely disseminated ology. The promise that information is sadly needed by our medal providers. amongst all types and sizes of providers, it is technology holds to save lives and Indeed, it does harm to that. I hope we imperative to pass H.R. 4157 to speed the money is vast, but H.R. 4157 forestalls can reject this bill, come back after adoption and diffusion of health information that promise. the elections when there is a better cli- technology. It is a lousy bill. It does nothing. mate for bipartisan work and report a This legislation is modest in scope. It lays H.R. 4157 doesn’t provide for the devel- the groundwork for fundamental change by re- bill out that will do some good. opment of or the adoption of interoper- I urge my colleagues to oppose 4157. moving the barriers to private sector adoption. ability standards; it does not provide It provides for a national framework for the de- Mrs. JOHNSON of Connecticut. Mr. funding to help providers transition to Chairman, I yield 2 minutes to the gen- velopment and widespread dissemination of an electronic medical records system; interoperable health information technology by tleman from Pennsylvania (Mr. and it does not strengthen privacy pro- ENGLISH). creating an office to coordinate the develop- tections. ment of a national health information system. Mr. ENGLISH of Pennsylvania. Mr. It does do one thing: It weakens Chairman, I want to thank the It promotes common-sense cooperation be- Medicare’s fraud and abuse laws. My tween doctors and hospitals and other pro- gentlelady for yielding. colleague from Louisiana on the Ways I rise today in support of H.R. 4157, viders by allowing entities to provide physi- and Means Committee acknowledged in cians and others with hardware, software, which is not a panacea, but is an im- our full committee markup that if the training or IT support services. It updates diag- portant starting point on this very im- fraud and abuse provisions were re- nosis coding systems for the digital age and portant topic. moved from this bill, it would accom- provides an expedited process for ongoing up- This legislation would work to en- plish nothing. Zip. That is a Repub- dating of technology standards. It begins a sure interoperability standards for lican who said that. process for creating greater commonality health IT are adopted, stimulating in- CBO says, ‘‘CBO estimates that en- amongst state and federal security and con- vestment in electronic health records, acting H.R. 4157 would not signifi- fidentiality laws and regulations in order to bet- electronic prescribing and other forms cantly affect either the rate at which ter protect and strengthen the exchange and of IT that have been demonstrated to health information. Additionally, it provides the use of health technology will grow make health care safer and more effi- grants for the adoption of health information or how well that technology will be de- cient. technology to coordinate care among the unin- signed and implemented.’’ Only through a truly interoperable, sured and to implement technology in small The reason that it has no cost is it nationwide system will the benefits of physician practices. Finally, it includes studies doesn’t do a bloody thing. health information technology be fully and reports on the expansion of telehealth People who I often disagree with, realized. The widespread adoption of services in Medicare. America’s Health Insurance Plans, rep- health IT holds great promise to reduce Health information technology touches every resenting the for-profit hospitals and medical errors and administrative aspect of the health care system. It will enable plans, wrote to us and said, ‘‘The pend- costs, which can lead it to a dramatic us to provide disease management for all ing legislation falls short of its stated improvement in the quality, the deliv- those with chronic illnesses, care management goals and will lead to serious unin- ery and the cost of health care. for those with severe, complex illnesses, and tended consequences for consumers. We A couple of years ago in my district, provide access to preventive and appropriate have consistently shared these con- I established a Health Care Cost Con- care for the uninsured. It will reduce medical cerns, and cannot support the legisla- tainment Task Force which identified errors, adverse drug interactions, and decisive tion with the following provisions as preventable mistakes and physician er- support to improve the quality of diagnosing currently drafted.’’ rors as a significant source of health and treating patients. I don’t know what my colleagues care costs in the system. One of my The role technology can play in the systems across the aisle think they are doing. task force’s recommendations was to of health care will be as revolutionary as the We offered some amendments to ad- help curb the rise of preventable med- role technology has played in health care redress the serious failings of this bill ical errors through the implementation search and treatments. H.R. 4157 removes and we were opposed on party line of health information technology. barriers to greater adoption of information votes. Mrs. JOHNSON, Mr. SHAW and Mr. I am very pleased with the work that technology in the health system so the long HAYWORTH voted against adding fund- our subcommittee and its chairman overdue potential of technology can be real- ing so that doctors could afford to have done in this area. This is a very ized in health care. transition. These same people, Mrs. important initiative because, compared

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.043 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5985 to other industries, health care has a So today before us is a bill that costs because we would now not have neolithic perspective when it comes to doesn’t have the needed privacy protec- to duplicate care if we have care now information technology. tions; it is underfunded, which ensures that is tracked, so we don’t have to go The core idea, Mr. Chairman, behind inequity will exist across the country; to four different doctors and not have an electronic health care system, is and does nothing to correct the great- each doctor repeat the same test. that doctors in one State treating an est injustice of our time, the health We can now make sure that the best emergency room patient visiting from care disparities that cause premature in care gets to everybody, because now another State should be able to access and preventable deaths and disability the evidence base will be available to that patient’s records on a nationwide every day in this country that has the all doctors, no matter where they live health care technology system. In this wherewithal to do better. in this country, so people will get the way, the patient will be better pro- I encourage my colleagues to oppose same and the best of care. tected, the doctors will be able to treat H.R. 4157. But, frankly, Mr. Chairman, this bill the patient more quickly and more ef- Mrs. JOHNSON of Connecticut. Mr. doesn’t do it. This bill doesn’t do it. fectively, which would cut down on er- Chairman, I yield myself 40 seconds. Why? Because it doesn’t implement the rors, and the Nation will save on Mr. Chairman, my colleagues on the quality standards to ensure that people health care spending. other side of the aisle are acting as if get that good care. It doesn’t ensure By supporting this legislation, we we had technology that, if we only had that we move quickly to the adoption, make a significant move forward in the money, we could implement. That because, one, it sets up the adoption bringing health care information tech- just isn’t so. Secretary Levitt and Dr. date too far in the future. Why are we nology fully into the 21st century and, Brailer have led a phenomenal aggres- waiting? If we are acknowledging this in the process, saving lives and re- sive, strong effort and through their ef- is important, why are we putting this sources as well. fort, working with the public and pri- off? Mr. STARK. Mr. Chairman, I am vate sector, they have established Next, when it comes to making sure pleased to yield 2 minutes to my col- standards for electronic health records that there is privacy, I don’t frankly league from the Virgin Islands, Dr. and for E-prescribing. understand how we can go into an elec- CHRISTENSEN, who knows firsthand how But there are a lot more standards to tronic age in medical records and not important the issue is before us today. be set. And in this bill, we do have a ensure that people’s personal medical Mrs. CHRISTENSEN. Mr. Chairman, date certain, but it is way off in 2009. I privacy is protected. I thank Mr. STARK for yielding. think we will get there before then. For those reasons, I will be voting Mr. Chairman, there is no doubt that But, as important, we put in this bill a against this legislation. health information technology, or HIT, very progressive, accelerated way of Mrs. JOHNSON of Connecticut. Mr. holds great promise in helping us solve updating those standards, because this Chairman, yield 2 minutes to the gen- ULSHOF). some of our most pressing health care is going to be about continuous im- tleman from Missouri (Mr. H (Mr. HULSHOF asked and was given issues, such as reducing escalating provement. permission to revise and extend his re- health care costs and medical errors. My colleagues on the other side of Yesterday I appeared before the marks.) the aisle that talk about minority Mr. HULSHOF. Mr. Chairman, I Rules Committee to request that an health are absolutely right. Unless we would like to thank the Chair of the amendment to H.R. 4157 be made in get health information technology im- Health Subcommittee, especially for order which would ensure that HIT planted and we move to chronic disease her bold initiative and leadership on monitor and measure the racial, ethnic management and health care manage- this bill, for really trying to wrestle and geographic health disparities. The ment, we cannot meet the needs of care with a very important issue and look- amendment, like others, was not ac- our minority population need. That is ing ahead and being a visionary as far cepted, and the committee lost an op- why this bill is so important. as employing technology and how we portunity to make this bill better, to Mr. STARK. Mr. Chairman I am can improve health care in this coun- improve the health of millions of hard- pleased at this time to yield 2 minutes try. It is a good bill. I am proud to be working Americans who it is proven to the gentleman from Rhode Island an original cosponsor. are discriminated against in health (Mr. KENNEDY), who has been a cham- I would especially like to touch some care and further reduce the health care pion on the issue of information tech- the telemedicine, telehealth, provi- costs caused by disparities. nology. sions. I appreciate very much that Mr. Disparities that cause, for example, Mr. KENNEDY of Rhode Island. Mr. THOMPSON of California and I have put the maternal mortality rate for Afri- Chairman, I thank Mr. STARK for his together a bill where the bottom line, can American women to be almost five leadership on this issue. Mr. Chairman, is that with advance- times higher than that for their white Mr. Chairman, we are talking today ments in telecommunications, health counterparts; or the infant mortality about the potential to revolutionize care providers in small communities rate in African Americans and Amer- our health care system by means of can now access resources that are ican Indian/Alaska Natives to be more technology that we are using in almost available in the finest hospitals and than two times higher; or although every other industry currently in our academic institutions in the country. they account for just one-quarter of society except the industry that prob- The quality of one’s health care the total U.S. population, for Latino ably could benefit the most from it, should not be dictated by one’s ZIP and African Americans to account for and that is our health care system. Code. So I am very excited about the more than two-thirds of newly reported We are after this for many different fact that technologies like interactive AIDS patients. reasons, but one of the reasons I am video conferencing, the Internet, sat- A recent IOM report noted that any- after it for is because I want to reduce ellite, are already systematically where from 44,000 to 98,000 deaths were the cost of health care for my constitu- changing the face of our Nation’s caused each year by medical errors, but ents. My constituents, whether they be health care. another report by former Surgeon Gen- businesses that are paying exorbitant This legislation directs the Secretary eral Dr. David Satcher found that premiums for their workers, or the to work with the telehealth commu- health disparities caused more than workers who are paying high premiums nity, especially as far as services 85,000 preventable deaths in African themselves, or whether it is not only across State lines. We know that that Americans every year. the consumer, but it is even the pro- is an issue. We want to expand the The amendment I sponsored would viders that are getting shortchanged origination and consulting sites so that have played a key role in helping pro- on their reimbursement, no one is more of our underserved communities viders, executives and administrators happy with the current health care sys- will have access to the best health care in the health care system better ensure tem. that the community has to offer. an equity in the delivery of health care So, Mr. Chairman, what we could do that does not now exist, while at the today is do what has been already out- b 1415 same time, further reducing unneces- lined by the Rand report, which says I would like to brag a little bit, Mr. sary health care costs. we could save $162 billion in direct Chairman, because telehealth patients

VerDate Aug 31 2005 03:02 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.047 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5986 CONGRESSIONAL RECORD — HOUSE July 27, 2006 from small towns throughout my dis- find that since October 1, 2001 Medicare has families face in health care is this piti- trict in Missouri have been receiving only reimbursed for approximately $1.2 million ful proposal. They have discovered that specialist care or services from a vari- total for telehealth services and originating site the answer to the problems American ety of specialists, including mental facility fees. This illustrates that the Federal families face with health care is not health providers. I know that is cer- Government has made a minor contribution what the American families thought tainly a hot-button issue for many compared to what we were expected to was their problem about getting access here, without having to take available spend. And more needs to be done. to affordable, quality health care. No, time, maybe, away for caring for a This legislation highlights the capabilities of it is bad handwriting. Yes. We all know loved one or from work or for school or telemedicine by directing the Secretary to the legendary bad handwriting of phy- for other parental duties. work with the telehealth community to find so- sicians that is the subject of cartoons Right now there are 2,000 patients in lutions to the services across State lines and stories. Missouri that are cared for using Mis- issue, and expanding origination and con- But by golly, they are solving that. souri’s telehealth network. It is esti- sulting sites so more of our underserved com- All of these physicians, and the hos- mated over 40,000 radiological examina- munities will have access to the best health pitals and the clinics, will be using tions have been performed. In fact, one care this country has to offer. electronic records and solve that pen- example: a critical-access hospital in I would also like to brag on how, because manship problem. Well, that is not a the small town of Macon, Missouri, un- of telehealth, patients from small towns bad idea. It is just that they do not put expectedly lost the only radiologist in throughout my district are able to receive serv- their money where their mouth is. the area. There was not another spe- ices from a variety of specialists, including They tell the physicians and the clin- cialist within that underserved area. mental health providers, without having to take ics, you figure out how to pay for this Fortunately, the University of Mis- valuable time away from work, school or pa- technology. And in the process of this rental duties. souri stepped in to provide coverage transformation, once again, as they Currently in Missouri, over 2,000 patients during this 4-month period of time so have done with our library records and this small community could have ac- per year are cared for using the Missouri Tele- health Network and it is estimated that over our phone records and our veterans cess to a qualified radiologist. Again, records, they couldn’t really care less there are lots of good things in this 40,000 radiology exams have been performed. In fact, in my district, a Critical Access Hos- about privacy. bill. But telemedicine is one piece of it. Think about whether you want your I commend the chairwoman and I urge pital in the town of Macon unexpectedly lost its only radiologist, leaving the area without a psychiatric records, your prescription everyone to support it. records on the Internet for other people I thank the chair of the Health Sub- specialist in this area. Fortunately, the Univer- sity of Missouri stepped in to provide coverage to see. Because this legislation does committee, on which I serve, for her bold lead- not provide the guarantee of privacy. ership on this bill and improving health infor- through the telehealth network for a 4-month period until a new radiologist was hired. With- And so fearful are they of a true debate mation technology in this country. about protecting the privacy rights of H.R. 4157 will launch the American out this option, Macon residents would have been forced to either commute or simply go Americans to their medical records, to healthcare system into full capacity to take ad- their health care records, that may af- vantage of the best technology. This will give without radiological care. It is my hope that via this legislation, rural fect their future employment, that all Americans better health care, more acces- and underserved areas in my district and may affect their future family rela- sible medical records, and better quality of across the country will be able to find the tions, that may affect their ability to care. same successes experienced with the Mis- get insurance. It is a good bill of which I am proud to be souri Telehealth Network. So fearful are they of a debate about an original cosponsor. Mr. STARK. Mr. Chairman, I yield that, they refuse to let us offer even I would like to touch on the telemedicine 21⁄2 minutes to the gentleman from one amendment to address patient pri- provisions of the bill. Texas (Mr. DOGGETT). vacy. The Health Information Technology Pro- Mr. DOGGETT. Mr. Chairman, during motion Act includes important provisions for Mrs. JOHNSON of Connecticut. Mr. the 12 years that Republicans have con- Chairman, I ask how much time is re- the advancement of telehealth services—Re- trolled this House, they have done very quires the Secretary of HHS to take steps that maining. little to address the real concerns of The CHAIRMAN. The gentlewoman expedite the provision of telehealth services families confronted with a health care has 21⁄2 minutes remaining. across State lines by taking a closer look at crisis. This afternoon during rush hour, State licensure issues; requires the Secretary Mrs. JOHNSON of Connecticut. Mr. some family, in fact probably many Chairman, I yield 1 minute to the gen- to conduct two studies: (1) a study on the use families, will suffer a severe auto acci- tleman from New Jersey (Mr. FER- of store and forward technology in the provi- dent on the way home. GUSON). sion of telehealth services; and (2) a study on Perhaps a mom will be found to have the coverage of telehealth services provided in breast cancer, or a child a serious Mr. FERGUSON. Mr. Chairman, I home health agencies, county mental health childhood disease. And as these health thank the gentlewoman for yielding me clinics and other publicly funded mental health care challenges emerge, tens of thou- time. facilities. sands of families across America will Mr. Chairman, I rise today in favor of Advancement in telecommunications now al- end up not only driven into despair but a bill that would help us usher in 21st- lows health care providers in small commu- into bankruptcy. century medicine into the doctors’ of- nities to access the resources available in the And yet Republicans have not offered fices of our country. By encouraging finest hospitals and academic institutions. Indi- real solutions to address those kinds of the dissemination of health informa- viduals in this country should receive the problems. Recognizing their failures tion technology, we move full speed health care they need regardless of where earlier this year, both Senate and ahead toward establishing an infra- they live. A person’s address should not dic- House Republican leaders declared structure necessary to create an envi- tate the state of their health. Technologies there would be a ‘‘health care week.’’ ronment where errors are reduced and such as interactive videoconferencing, the Well, the Senate took up their ‘‘health care is improved. Internet and satellite are already systemati- care week,’’ and every old, retread Re- This bill promotes cooperation be- cally changing the face of our Nation’s health publican proposal that they had was re- tween doctors and hospitals and pro- care. jected. vides physicians with the IT support In 2000, the Congressional Budget Office So I guess too embarrassed to have services they need to establish this in- estimated that the telehealth provisions of the ‘‘health care week’’ here in the House, frastructure. In particular, I am Medicare, Medicaid, and SCHIP Benefits Im- even though they declared it, the Re- pleased this bill includes an amend- provement and Protection Act of 2000, BIPA, publicans canceled ‘‘health care week,’’ ment that I sponsored in the Energy would cost $150 million over 5 years. In June just like they have canceled so many of and Commerce Committee with Con- I asked CMS to provide me with information the commitments that they made back gressman TOWNS that would provide on how much the Federal Government has in 1994 to the American people. grants for the use of health informa- spent to date to get an idea of how close we And what they have left as their one tion technology to coordinate care for are to CBO projections. I was astonished to new idea for the crisis that American the uninsured.

VerDate Aug 31 2005 03:02 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.050 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5987 These grants are targeted to inte- Meanwhile, American veterans al- House has missed an opportunity to promote grated health systems that have dem- ready had fully electronic medical in a meaningful way our health care system’s onstrated success in the past for treat- records, and their medical histories transition from a paper-based medical records ing the uninsured and underinsured were seamlessly transmitted to other system to an electronic one. Congress is in populations in underserved commu- VA hospitals in Baton Rouge or Hous- nearly unanimous agreement that this move is nities. This is just one example of how ton for complete care. necessary, and that it is in the best interest of this bill helps to provide the necessary There is a reason why Senator CLIN- patients, providers, and health care quality framework for health IT for all Ameri- TON and Speaker Gingrich both so over all. cans. strongly support a full deployment of But it appears that we have before us legis- Mr. Chairman, I invite all of our col- electronic medical records. They relation that will do little to move the Nation to- leagues to support this commonsense duce medical errors and improve care ward that goal, and that in some respects, legislation. It will help establish a as they already have demonstrated to may be harmful. As a member of the Ways framework of care for all Americans as do so heavily in the VA. and Means Committee, which considered this we head into the 21st century. Our Federal law already sanctions bill earlier this year, I had the opportunity to Mr. STARK. Mr. Chairman, to close any violation of medical privacy with vote on several amendments that would have debate for our side, I yield 1 minute to up to 10 years in jail and $250,000 fines. strengthened this bill, that would have enabled the gentleman from Maryland (Mr. This legislation is the third part of our Committee to bring this bill to the floor HOYER), the distinguished minority our suburban agenda, commonsense re- with bipartisan support. Those amendments whip, who supports information tech- forms to improve the health care for would have added funding so that doctors nology, but realizes this bill does noth- all American patients. could afford to transition to electronic medical ing to help it. Mr. CLAY. Mr. Chairman, I rise today in records; removed provisions that expand fraud Mr. HOYER. Mr. Chairman, Demo- support of H.R. 4157, the Health Information and abuse, set a date certain for the imple- crats worked with the health care and Technology Promotion Act of 2006. I believe mentation of interoperability standards, and technology industries to write a bill the bill before us is a thoughtful and measured guaranteed the confidentiality of personal that would lead to the widespread use approach for establishing the Federal govern- health information. Unfortunately, each was of information technology in medicine, ment’s role in promoting the adoption of a na- defeated on a party-line vote. a necessity. The effective use of it can tional health information network. So the bill before us today still contains sev- reduce medical errors, health care The bill before us takes the logical step of eral fundamental problems. The first is the costs, and save lives. codifying the Office of the National Coordi- lack of strong privacy protections. Mr. Chair- Mr. Chairman, we should be taking nator for Health IT at HHS. This will ensure man, I wonder how many breaches of sup- up the Dingell-Rangel bill today, a bill long-term stability and continuity in the estab- posedly secure electronic medical records that was virtually identical to the bill lishment of policies and programs relating to must occur before we get serious about enact- that passed unanimously in the United network interoperability, product certification, ing strong privacy protections into law. In two States Senate. Instead, we are voting and adoption throughout the health care weeks, we will mark the 10th anniversary of on a Republican bill that fails to pro- stakeholder community. It will also prove ben- the Health Insurance Portability and Account- vide for the development or adoption of eficial to both providers and public health ability Act. Privacy regulations stemming from interoperability standards, that fails to agencies nationwide, as vital clinical, pre- that law were finally issued in 2001. Ten years provide funding to help providers tran- scribing, and laboratory information will be ac- ago, Americans’ familiarity with electronic sition to an electronic medical records cessible through one integrated network. communication and electronic transfer of infor- system, and that fails to strengthen Just last week, the Institute of Medicine re- mation was quite limited. HIPAA does not pro- privacy protections. leased its report on the number error rates in- tect individuals. What a shame. What a missed oppor- volved with prescribing patient medications, The second is a lack of funding. My col- tunity. We should oppose this bill, and and how the use of e-prescribing would con- leagues, Mr. WYNN, Mr. ENGEL, and Ms. we should bring the Rangel bill to the tribute to reducing the number of annual errors SCHAKOWSKY and I offered an amendment that floor. in hospitals by 400,000 and save an estimated would have provided grants for community Mrs. JOHNSON of Connecticut. Mr. $3.5 billion this year alone. Utilizing health IT health centers and hospitals with high num- Chairman, I yield 30 seconds to the is not only economically beneficial, but will bers of low-income patients. These are the fa- gentleman from Pennsylvania (Mr. also prevent many costly and unnecessary pa- cilities that already face severe financial MURPHY). tient injuries relating to drug interactions. strains. They include many community health Mr. MURPHY. Mr. Chairman, for the I realize the bill before us is not a perfect centers in Baltimore and larger facilities such record I would like to note that the one, and I agree with my friends who have as Prince George’s Hospital Center in my HIPAA laws do apply to this with re- stated that stronger protections for the security home state of Maryland. They do not have gard to privacy, whereby there would and privacy of personal health information are extra money to implement expensive health in- be fines up to $250,000 and up to 10 desperately needed. Let me be clear that I’m formation technology systems. Our amend- years in prison for disclosure or obtain- very disappointed that some thoughtful ment would have given them needed help to ing health information in many of amendments offered by my Democratic col- take advantage of health information tech- these areas. So it does apply. leagues on security and privacy will not be nology for their patients, many of whom face The second is the CBO report which considered today. I do not believe, however, significant health challenges due to chronic ill- is being taken out of context. It men- that health IT platforms used for the preserva- nesses. If adopted, our amendment would tioned that there can be savings for tion or transmission of identifiable patient infor- have helped these facilities leap the financial Medicare in this. And as hospitals mation are any more vulnerable to security hurdles that will otherwise prevent the spread learn to adapt to health information breaches than modern paper-based record of health information technology. Unfortu- technology, if they do not adapt right, systems. nately, the Rules Committee refused to allow that may be more costly; but overall In fact, many providers, insurers, and hos- our amendment to be made in order. there are many savings in this. pitals have already transitioned from paper Mr. Chairman, many of my colleagues have Mrs. JOHNSON of Connecticut. Mr. based records to electronic health record sys- made this point, but it bears repeating: The Chairman, I yield the balance of our tems, while taking internal steps to ensure that nonpartisan Congressional Budget Office esti- time to the gentleman from Illinois appropriate security and access controls are mates that enacting this bill in its present form (Mr. KIRK). built into their IT systems and are compliant ‘‘would not significantly affect either the rate at Mr. KIRK. Mr. Chairman, I rise in with current law. All we are doing today is tak- which the use of health technology will grow support of this legislation because it ing the next step to ensure that all who or how well that technology will be designed will dramatically improve civilian choose to utilize health IT have a blueprint for and implemented.’’ The lack of funding is one health care, the way this technology system standards to ensure optimal of the primary reasons why. has already done for veterans across functionality for all participants. I am also very concerned about the excep- America. When Katrina hit New Orle- I thank Congresswoman JOHNSON and Con- tions to the Stark anti-self-referral and anti- ans, many civilian hospital record gressman DEAL for their good work. kickback laws contained in the underlying bill. rooms were wiped out, including the Mr. CARDIN. Mr. Chairman, I rise in opposi- These provisions would serve to seriously medical history of thousands. tion to this bill. I am disappointed that the weaken these important consumer protection

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00031 Fmt 4634 Sfmt 9920 E:\CR\FM\K27JY7.053 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5988 CONGRESSIONAL RECORD — HOUSE July 27, 2006 laws. In H.R. 4157 as it is being considered Health Information Technology and that the Sec. 203. Upgrading ICD codes; coding and today, physicians could be offered free or dis- coordinator will be tasked with devising a na- documentation of non-medical counted technology in exchange for referring tional strategic plan for implementing health information. Sec. 204. Strategic plan for coordinating im- their patients to a facility or for a particular IT. Additionally, the grant money authorized by plementation of transaction service. According to the Congressional Budg- the bill is a worthwhile, if small, step in the standards and ICD codes. et Office, these exceptions would raise health right direction. Representing western Wis- Sec. 205. Study and report to determine im- care costs. consin, I know too well how difficult it is for pact of variation and com- Mr. Chairman, I will vote for the motion to small medical practices to afford the purchase monality in State health infor- recommit, which will protect medical privacy. It and upkeep of software and hardware needed mation laws and regulations. will ensure that patients can keep their med- for electronic medical records. The $5 million TITLE III—PROMOTING THE USE OF ical records out of electronic databases unless in grants to rural or underserved urban areas HEALTH INFORMATION TECHNOLOGY they first give their permission. It will require TO BETTER COORDINATE HEALTH is the first of many such grants Congress must CARE patient notification if their health information is facilitate. Sec. 301. Safe harbors to antikickback civil misused, lost, or stolen. It requires the use of While I am pleased the bill is moving for- penalties and criminal pen- encryption and other safeguards against theft. ward, I am disappointed that negotiations were alties for provision of health in- Importantly, it would permit patients to limit ac- not done in a more bipartisan manner. It is formation technology and cess to particularly sensitive information, such good to see that harmful and invasive policies training services. as mental health data. Finally it would protect on privacy issues were removed from the bill, Sec. 302. Exception to limitation on certain state privacy laws that may be more protective and I am hopeful that when the House and physician referrals (under of patient confidentiality. Stark) for provision of health Senate meet in conference, members will take information technology and I support the provisions of the bipartisan bill a hard look at strengthening further the bill’s training services to health care passed by the Senate, and I would hope that, privacy provisions. professionals. for the sake of improved patient care, for bet- Mr. Chairman, I plan on voting for this Sec. 303. Rules of construction regarding use ter access to health information technology, health IT bill and look forward to working with of consortia. for better privacy standards, that is the bill that the Senate on improving it. America’s doctors, TITLE IV—ADDITIONAL PROVISIONS emerges from conference. I urge my col- nurses, and patients deserve 21st century Sec. 401. Promotion of telehealth services. leagues to join me in opposition to H.R. 4157. technology in the health care system, and it is Sec. 402. Study and report on expansion of Mr. VAN HOLLEN. Mr. Chairman, I rise past time for Congress to be acting on this home health-related telehealth today in reluctant opposition to H.R. 4157, the services. issue. Sec. 403. Study and report on store and for- Information Technology Promotion Act of The CHAIRMAN. All time for general ward technology for telehealth. 2005. It is unfortunate that the House Repub- debate has expired. Sec. 404. Methodology for reporting uniform lican leadership refused to allow this Congress In lieu of the amendments rec- price data for inpatient and the opportunity to strengthen this bill and pro- ommended by the Committees on En- outpatient hospital services. tect the privacy of patients. ergy and Commerce and Ways and Sec. 405. Inclusion of uniform price data. Like many of my colleagues, I support mov- Sec. 406. Ensuring health care providers par- Means printed in the bill, the amend- ticipating in PHSA programs, ing our health care system into the ‘‘informa- ment in the nature of a substitute Medicaid, SCHIP, or the MCH tion age’’—it holds the promise of saving lives, printed in part A of House Report 109– program may maintain health saving money, and saving time. However, I 603, modified by the amendment print- information in electronic form. am concerned that H.R. 4157 does not ade- ed in part B of the report, is adopted. Sec. 407. Ensuring health care providers par- quately protect the privacy of patients. In light The bill, as amended, shall be consid- ticipating in the Medicare proof millions of electronic data records being ex- ered as the original bill for purpose of gram may maintain health information in electronic form. posed due to recent high-profile security further amendment under the 5-minute Sec. 408. Study and report on State, re- breaches, it is troubling that this legislation rule and shall be considered as read. gional, and community health does not adequately address this critical issue. The text of the bill, as amended, is as information exchanges. Unfortunately, the House Republican leader- follows: SEC. 2. PRESERVING PRIVACY AND SECURITY ship would not allow us the opportunity to vote LAWS. SECTION 1. SHORT TITLE AND TABLE OF CON- Nothing in this Act (or the amendments on an alternative bill that was based on the bi- TENTS. made by this Act) shall be construed to af- partisan Senate health information technology (a) SHORT TITLE.—This Act may be cited as legislation (S. 1418)—which unanimously fect the scope, substance, or applicability of the ‘‘Health Information Technology Pro- section 264(c) of the Health Insurance Port- passed that chamber. This alternative promotion Act of 2006’’. ability and Accountability Act of 1996 and posal included safeguards for Americans to (b) TABLE OF CONTENTS.—The table of con- any regulation issued pursuant to such sec- protect their personal medical records from tents of this Act is as follows: tion. identity thieves. Sec. 1. Short title and table of contents. TITLE I—COORDINATION FOR, PLANNING Mr. Chairman, health information technology Sec. 2. Preserving privacy and security laws. FOR, AND INTEROPERABILITY OF should not be a partisan issue. Congress TITLE I—COORDINATION FOR, PLANNING HEALTH INFORMATION TECHNOLOGY should not miss the opportunity to transition FOR, AND INTEROPERABILITY OF SEC. 101. OFFICE OF THE NATIONAL COORDI- our health care into the 21st century, but it HEALTH INFORMATION TECHNOLOGY NATOR FOR HEALTH INFORMATION must be done in a manner that will protect the Sec. 101. Office of the National Coordinator TECHNOLOGY. for Health Information Tech- (a) IN GENERAL.—Title II of the Public sensitive health information of millions of Health Service Act is amended by adding at Americans. I am hopeful that the final version nology. Sec. 102. Report on the American Health In- the end the following new part: of the legislation will be fashioned in a bipar- formation Community. ‘‘PART D—HEALTH INFORMATION tisan, bicameral fashion by the House-Senate Sec. 103. Interoperability planning process; TECHNOLOGY Conference. Federal information collection ‘‘SEC. 271. OFFICE OF THE NATIONAL COORDI- Mr. KIND. Mr. Chairman, I rise in apprecia- activities. NATOR FOR HEALTH INFORMATION tion that House Leadership has at last brought Sec. 104. Grants to integrated health sys- TECHNOLOGY. a health information technology bill to the tems to promote health infor- ‘‘(a) ESTABLISHMENT.—There is established Floor. As a cochair of the New Democrat Coa- mation technologies to improve within the Department of Health and Human coordination of care for the un- Services an Office of the National Coordi- lition, I have been a long-time supporter of nator for Health Information Technology health IT. I believe health IT, if done correctly, insured, underinsured, and medically underserved. that shall be headed by the National Coordi- will highlight the need for personal account- Sec. 105. Small physician practice dem- nator for Health Information Technology ability in health care, advance technological in- onstration grants. (referred to in this part as the ‘National Co- novation, promote fiscal responsibility and, ordinator’). The National Coordinator shall TITLE II—TRANSACTION STANDARDS, be appointed by and report directly to the most importantly, improve health and save CODES, AND INFORMATION lives. Additionally, great strides can be made Secretary. The National Coordinator shall be Sec. 201. Procedures to ensure timely updat- paid at a rate equal to the rate of basic pay in homeland security as well as tracking dis- ing of standards that enable for level IV of the Executive Schedule. ease and infection. electronic exchanges. ‘‘(b) GOALS OF NATIONWIDE INTEROPERABLE I am pleased that H.R. 4157 will codify in Sec. 202. Upgrading ASC X12 and NCPDP HEALTH INFORMATION TECHNOLOGY INFRA- law the Office of the National Coordinator for standards. STRUCTURE.—The National Coordinator shall

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JY7.018 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5989 perform the duties under subsection (c) in a of effort, to align the health information ar- Services may appoint the old National Coor- manner consistent with the development of a chitecture of each agency or department to- dinator as the new National Coordinator. nationwide interoperable health information ward a common approach, to ensure that (4) DEFINITIONS.—For purposes of this sub- technology infrastructure that— each agency or department conducts pro- section: ‘‘(1) improves health care quality, programs within the areas of its greatest exper- (A) NEW NATIONAL COORDINATOR.—The term motes data accuracy, reduces medical errors, tise and its mission in order to create a na- ‘‘new National Coordinator’’ means the Na- increases the efficiency of care, and advances tional interoperable health information sys- tional Coordinator for Health Information the delivery of appropriate, evidence-based tem capable of meeting national public Technology appointed under section 271(a) of health care services; health needs effectively and efficiently, and the Public Health Service Act, as added by ‘‘(2) promotes wellness, disease prevention, to assist Federal agencies and departments subsection (a). and management of chronic illnesses by in- in security programs, policies, and protec- (B) OLD NATIONAL COORDINATOR.—The term creasing the availability and transparency of tions to prevent unauthorized access to indi- ‘‘old National Coordinator’’ means the Na- information related to the health care needs vidually identifiable health information cre- tional Coordinator for Health Information of an individual for such individual; ated, maintained, or in the temporary pos- Technology appointed under Executive Order ‘‘(3) promotes the availability of appro- session of that agency or department. The 13335. priate and accurate information necessary to coordination authority provided to the Na- make medical decisions in a usable form at tional Coordinator under the previous sen- SEC. 102. REPORT ON THE AMERICAN HEALTH IN- the time and in the location that the med- tence shall supercede any such authority FORMATION COMMUNITY. ical service involved is provided; otherwise provided to any other official of Not later than one year after the date of ‘‘(4) produces greater value for health care the Department of Health and Human Serv- the enactment of this Act, the Secretary of expenditures by reducing health care costs ices. For the purposes of this paragraph, the Health and Human Services shall submit to that result from inefficiency, medical errors, term ‘unauthorized access’ means access Congress a report on the work conducted by inappropriate care, and incomplete or inac- that is not authorized by that agency or de- the American Health Information Commu- curate information; partment including unauthorized employee nity (in this section referred to as ‘‘AHIC’’), ‘‘(5) promotes a more effective market- access. as established by the Secretary. Such report place, greater competition, greater systems ‘‘(4) ADVISOR TO OMB.—The National Coor- shall include the following: analysis, increased consumer choice, en- dinator shall provide to the Director of the (1) A description of the accomplishments of hanced quality, and improved outcomes in Office of Management and Budget comments AHIC, with respect to the promotion of the health care services; and advice with respect to specific Federal development of national guidelines, the de- ‘‘(6) with respect to health information of health information technology programs. velopment of a nationwide health informa- consumers, advances the portability of such ‘‘(5) PROMOTER OF HEALTH INFORMATION tion network, and the increased adoption of information and the ability of such con- TECHNOLOGY IN MEDICALLY UNDERSERVED COM- health information technology. sumers to share and use such information to MUNITIES.—The National Coordinator shall— (2) Information on how model privacy and assist in the management of their health ‘‘(A) identify sources of funds that will be security policies may be used to protect con- care; made available to promote and support the fidentiality of health information, and an as- ‘‘(7) improves the coordination of informa- planning and adoption of health information sessment of how existing policies compare to tion and the provision of such services technology in medically underserved com- such model policies. through an effective infrastructure for the munities, including in urban and rural areas, (3) Information on the progress in— secure and authorized exchange and use of either through grants or technical assist- (A) establishing uniform industry-wide health care information; ance; health information technology standards; ‘‘(8) is consistent with legally applicable ‘‘(B) coordinate with the funding sources (B) achieving an internet-based nationwide requirements with respect to securing and to help such communities connect to identi- health information network; protecting the confidentiality of individually fied funding; and (C) achieving interoperable electronic identifiable health information of a patient; ‘‘(C) collaborate with the Agency for health record adoption across health care ‘‘(9) promotes the creation and mainte- Healthcare Research and Quality and the providers; and nance of transportable, secure, Internet- Health Services Resources Administration (D) creating technological innovations to based personal health records, including pro- and other Federal agencies to support tech- promote security and confidentiality of indi- moting the efforts of health care payers and nical assistance, knowledge dissemination, vidually identifiable health information. health plan administrators for a health plan, and resource development, to medically un- (4) Recommendations for the transition of such as Federal agencies, private health derserved communities seeking to plan for AHIC to a longer-term or permanent advi- plans, and third party administrators, to and adopt technology and establish elec- sory and facilitation entity, including— provide for such records on behalf of mem- tronic health information networks across (A) a schedule for such transition; bers of such a plan; providers.’’. (B) options for structuring the entity as ei- ‘‘(10) promotes access to and review of the (b) TREATMENT OF EXECUTIVE ORDER ther a public-private or private sector enti- electronic health record of a patient by such 13335.—Executive Order 13335 shall not have ty; patient; any force or effect after the date of the en- (C) the collaberative role of the Federal ‘‘(11) promotes health research and health actment of this Act. Government in the entity; care quality research and assessment; and (c) TRANSITION FROM ONCHIT UNDER EXEC- (D) steps for— ‘‘(12) promotes the efficient and stream- UTIVE ORDER.— (i) continued leadership in the facilitation lined development, submission, and mainte- (1) IN GENERAL.—All functions, personnel, of guidelines or standards; nance of electronic health care clinical trial assets, liabilities, administrative actions, (ii) the alignment of financial incentives; data. and statutory reporting requirements appli- and ‘‘(c) DUTIES OF THE NATIONAL COORDI- cable to the old National Coordinator or the (iii) the long-term plan for health care NATOR.— Office of the old National Coordinator on the transformation through information tech- ‘‘(1) STRATEGIC PLANNER FOR INTEROPER- date before the date of the enactment of this nology; and ABLE HEALTH INFORMATION TECHNOLOGY.—The Act shall be transferred, and applied in the National Coordinator shall provide for a same manner and under the same terms and (E) the elimination or revision of the func- strategic plan for the nationwide implemen- conditions, to the new National Coordinator tions of AHIC during the development of the tation of interoperable health information and the Office of the new National Coordi- nationwide health information network. technology in both the public and private nator as of the date of the enactment of this SEC. 103. INTEROPERABILITY PLANNING PROC- health care sectors consistent with sub- Act. ESS; FEDERAL INFORMATION COL- section (b). (2) RULE OF CONSTRUCTION.— Nothing in LECTION ACTIVITIES. ‘‘(2) PRINCIPAL ADVISOR TO THE SEC- this section or the amendment made by this Part D of title II of the Public Health Serv- RETARY.—The National Coordinator shall section shall be construed as requiring the ice Act, as added by section 101(a), is amend- serve as the principal advisor to the Sec- duplication of Federal efforts with respect to ed by adding at the end the following new retary on the development, application, and the establishment of the Office of the Na- section: use of health information technology, and tional Coordinator for Health Information shall coordinate the policies and programs of Technology, regardless of whether such ef- ‘‘SEC. 272. INTEROPERABILITY PLANNING PROC- the Department of Health and Human Serv- forts are carried out before or after the date ESS; FEDERAL INFORMATION COL- ices for promoting the use of health informa- of the enactment of this Act. LECTION ACTIVITIES. tion technology. (3) ACTING NATIONAL COORDINATOR.—Before ‘‘(a) STRATEGIC INTEROPERABILITY PLAN- ‘‘(3) INTRAGOVERNMENTAL COORDINATOR.— the appointment of the new National Coordi- NING PROCESS.— The National Coordinator shall ensure that nator, the old National Coordinator shall act ‘‘(1) ASSESSMENT AND ENDORSEMENT OF health information technology policies and as the National Coordinator for Health Infor- CORE STRATEGIC GUIDELINES.— programs of the Department of Health and mation Technology until the office is filled ‘‘(A) IN GENERAL.—Not later than Decem- Human Services are coordinated with those as provided in section 271(a) of the Public ber 31, 2006, the National Coordinator shall of relevant executive branch agencies and Health Service Act, as added by subsection publish a strategic plan, including a sched- departments with a goal to avoid duplication (a). The Secretary of Health and Human ule, for the assessment and the endorsement

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JY7.014 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5990 CONGRESSIONAL RECORD — HOUSE July 27, 2006 of core interoperability guidelines for sig- the status of such systems with respect to ‘‘SEC. 330M. GRANTS FOR IMPROVEMENT OF THE nificant use cases consistent with this sub- interoperability guidelines. COORDINATION OF CARE FOR THE section. The National Coordinator may up- UNINSURED, UNDERINSURED, AND ‘‘(b) FEDERAL HEALTH INFORMATION COL- MEDICALLY UNDERSERVED. date such plan from time to time. LECTION ACTIVITIES.— ‘‘(a) IN GENERAL.—The Secretary may ‘‘(B) ENDORSEMENT.— ‘‘(1) REQUIREMENTS.—With respect to a core make grants to integrated health care sys- ‘‘(i) IN GENERAL.—Consistent with the interoperability guideline endorsed under tems, in accordance with this section, for schedule under this paragraph and not later subsection (a)(1)(B) for a significant use case, projects to better coordinate the provision of than one year after the publication of such the President shall take measures to ensure health care through the adoption of new schedule, the National Coordinator shall en- that Federal activities involving the broad health information technology, or the sig- dorse a subset of core interoperability guide- collection and submission of health informa- nificant improvement of existing health in- lines for significant use cases. The National tion are consistent with such guideline with- formation technology, to improve the provi- Coordinator shall continue to endorse sub- sion of health care to uninsured, under- sets of core interoperability guidelines for in three years after the date of such endorsement. insured, and medically underserved individ- significant use cases annually consistent uals (including in urban and rural areas) with the schedule published pursuant to this ‘‘(2) PROMOTING USE OF NON-IDENTIFIABLE HEALTH INFORMATION TO IMPROVE HEALTH RE- through health-related information about paragraph, with endorsement of all such such individuals, throughout such a system guidelines completed not later than August SEARCH AND HEALTH CARE QUALITY.— ‘‘(A) IN GENERAL.—Where feasible, and con- and at the point of service. 31, 2009. ‘‘(b) ELIGIBILITY.— ‘‘(ii) CONSULTATION.—All such endorse- sistent with applicable privacy or security or other laws, the President, in consultation ‘‘(1) APPLICATION.—To be eligible to receive ments shall be in consultation with the a grant under this section, an integrated with the Secretary, shall take measures to American Health Information Community health care system shall prepare and submit allow timely access to useful categories of and other appropriate entities. to the Secretary an application, at such non-identifiable health information in ‘‘(iii) VOLUNTARY COMPLIANCE.—Compli- time, in such manner, and containing such records maintained by the Federal governance with such guidelines shall be voluntary, information as the Secretary may require, ment, or maintained by entities under con- subject to subsection (b)(1). including— ‘‘(C) CONSULTATION WITH OTHER PARTIES.— tract with the Federal government, to ad- ‘‘(A) a description of the project that the The National Coordinator shall develop and vance health care quality and health re- system will carry out using the funds pro- implement such strategic plan in consulta- search where such information is in a form vided under the grant; tion with the American Health Information that can be used in such research. The Presi- ‘‘(B) a description of the manner in which Community and other appropriate entities. dent shall consult with appropriate Federal the project funded under the grant will ad- ‘‘(D) DEFINITIONS.—For purposes of this agencies, and solicit public comment, on use- vance the goal specified in subsection (a); section: ful categories of information, and appro- and ‘‘(i) INTEROPERABILITY GUIDELINE.—The priate measures to take. The President may ‘‘(C) a description of the populations to be term ‘interoperability guideline’ means a consider the administrative burden and the served by the adoption or improvement of guideline to improve and promote the inter- potential for improvements in health care health information technology. operability of health information technology quality in determining such appropriate ‘‘(2) OPTIONAL REPORTING CONDITION.—The for purposes of electronically accessing and measures. In addition, the President, in con- Secretary may also condition the provision exchanging health information. Such term sultation with the Secretary, shall encour- of a grant to an integrated health care sys- includes named standards, architectures, age voluntary private and public sector ef- tem under this section for a project on the software schemes for identification, authen- forts to allow access to such useful cat- submission by such system to the Secretary tication, and security, and other information egories of non-identifiable health informa- of a report on the impact of the health infor- needed to ensure the reproducible develop- tion to advance health care quality and mation technology adopted (or improved) ment of common solutions across disparate health research. under such project on the delivery of health entities. ‘‘(B) NON-IDENTIFIABLE HEALTH INFORMA- care and the quality of care (in accordance ‘‘(ii) CORE INTEROPERABILITY GUIDELINE.— TION DEFINED.—For purposes of this para- with applicable measures of such quality). The term ‘core interoperability guideline’ graph, the term ‘non-identifiable health in- Such report shall be at such time and in such means an interoperability guideline that the formation’ means information that is not inform and manner as specified by the Sec- National Coordinator determines is essential dividually identifiable health information as retary. and necessary for purposes described in defined in rules promulgated pursuant to ‘‘(c) INTEGRATED HEALTH CARE SYSTEM DE- clause (i). section 264(c) of the Health Insurance Port- FINED.—For purposes of this section, the ‘‘(iii) SIGNIFICANT USE CASE.—The term ability and Accountability Act of 1996 (42 term ‘integrated health care system’ means ‘significant use case’ means a category (as U.S.C. 1320d-2 note), and includes informa- a system of health care providers that is or- specified by the National Coordinator) that tion that has been de-identified so that it is ganized to provide care in a coordinated identifies a significant use or purpose for the no longer individually identifiable health in- fashion and has a demonstrated commitment interoperability of health information tech- formation, as defined in such rules. to provide uninsured, underinsured, and nology, such as for the exchange of labora- ‘‘(3) ANNUAL REVIEW AND REPORT.—For each medically underserved individuals with ac- tory information, drug prescribing, clinical year during the five-year period following cess to such care. research, and electronic health records. the date of the enactment of this section, the ‘‘(d) PRIORITIES.—In making grants under ‘‘(2) NATIONAL SURVEY.— National Coordinator shall review the oper- this section, the Secretary shall give pri- ‘‘(A) IN GENERAL.—Not later than August ation of health information collection by and ority to an integrated health care system— 31, 2008, the National Coordinator shall con- submission to the Federal government and ‘‘(1) that can demonstrate past successful duct one or more surveys designed to meas- the purchases (and planned purchases) of community-wide efforts to improve the qual- ure the capability of entities (including Fed- health information technology by the Fed- ity of care provided and the coordination of eral agencies, State and local government eral government. For each such year and care for the uninsured, underinsured, and agencies, and private sector entities) to ex- based on the review for such year, the Na- medically underserved; or change electronic health information by ap- tional Coordinator shall submit to the Presi- ‘‘(2) if the project to be funded through propriate significant use case. Such surveys dent and Congress recommendations on such a grant— shall identify the extent to which the type of methods to— ‘‘(A) will improve the delivery of health health information, the use for such infor- ‘‘(A) streamline (and eliminate redundancy care and the quality of care provided; and mation, or any other appropriate character- in) Federal systems used for the collection ‘‘(B) will demonstrate savings for State or ization of such information may relate to and submission of health information; Federal health care benefits programs or en- the capability of such entities to exchange ‘‘(B) improve efficiency in such collection tities legally obligated under Federal law to health information in a manner that is con- and submission; provide health care from the reduction of du- sistent with methods to improve the inter- ‘‘(C) increase the ability to assess health plicative health care services, administra- operability of health information and with care quality; and tive costs, and medical errors. core interoperability guidelines. ‘‘(D) reduce health care costs.’’. ‘‘(e) LIMITATION, MATCHING REQUIREMENT, ‘‘(B) DISSEMINATION OF SURVEY RESULTS.— AND CONDITIONS.— The National Coordinator shall disseminate SEC. 104. GRANTS TO INTEGRATED HEALTH SYS- ‘‘(1) LIMITATION ON USE OF FUNDS.—None of the results of such surveys in a manner so as TEMS TO PROMOTE HEALTH INFOR- the funds provided under a grant made under to— MATION TECHNOLOGIES TO IM- this section may be used for a project pro- ‘‘(i) inform the public on the capabilities of PROVE COORDINATION OF CARE viding for the adoption or improvement of entities to exchange electronic health infor- FOR THE UNINSURED, UNDER- health information technology that is used INSURED, AND MEDICALLY UNDER- mation; SERVED. exclusively for financial record keeping, bill- ‘‘(ii) assist in establishing a more inter- ing, or other non-clinical applications. operable information architecture; and Subpart I of part D of title III of the Public ‘‘(2) MATCHING REQUIREMENT.—To be eligi- ‘‘(iii) identify the status of health informa- Health Service Act (42 U.S.C. 254b et seq.) is ble for a grant under this section an inte- tion systems used in Federal agencies and amended by adding at the end the following: grated health care system shall contribute

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JY7.014 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5991 non-Federal contributions to the costs of standards to meet evolving requirements in to the Secretary a request for publication in carrying out the project for which the grant health care. the Federal Register of a notice described in is awarded in an amount equal to $1 for each ‘‘(B) PUBLICATION OF NOTICES.—Under the subparagraph (B)(iii) for the proposed addi- $5 of Federal funds provided under the grant. upgrade program: tion or modification. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(i) VOLUNTARY NOTICE OF INITIATION OF ‘‘(ii) PROCESS FOR RECEIPT AND CONSIDER- There are authorized to be appropriated to PROCESS.—Not later than 30 days after the ATION OF PUBLIC COMMENT.—The standard set- carry out this section $15,000,000 for each of date the Secretary receives a notice from a ting organization provides for a process fiscal years 2007 and 2008.’’. standard setting organization that the orga- through which, after the publication of the SEC. 105. SMALL PHYSICIAN PRACTICE DEM- nization is initiating a process to develop an notice referred to under clause (i), the orga- ONSTRATION GRANTS. addition or modification to a standard adopt- nization— Part D of title II of the Public Health Serv- ed under section 1173(a), the Secretary shall ‘‘(I) receives and responds to public com- ice Act, as added by section 101(a) and publish a notice in the Federal Register ments submitted on a timely basis on the amended by section 103, is amended by add- that— proposed addition or modification before ing at the end the following new section: ‘‘(I) identifies the subject matter of the ad- submitting such proposed addition or modi- ‘‘SEC. 273. SMALL PHYSICIAN PRACTICE DEM- dition or modification; fication to the National Committee on Vital ONSTRATION GRANTS. ‘‘(II) provides a description of how persons and Health Statistics under clause (iii); ‘‘(a) IN GENERAL.—The Secretary shall es- may participate in the development process; ‘‘(II) makes publicly available a written tablish a demonstration program under and explanation for its response in the proposed ‘‘(III) invites public participation in such which the Secretary makes grants to small addition or modification to comments sub- process. physician practices (including such practices mitted on a timely basis; and ‘‘(ii) VOLUNTARY NOTICE OF PRELIMINARY that furnish services to individuals with ‘‘(III) makes public comments received DRAFT OF ADDITIONS OR MODIFICATIONS TO chronic illnesses) that are located in rural under clause (I) available, or provides access STANDARDS.—Not later than 30 days after the areas or medically underserved urban areas to such comments, to the Secretary. date of the date the Secretary receives a no- for the purchase and support of health infor- ‘‘(iii) SUBMITTAL OF FINAL PROPOSED ADDI- tice from a standard setting organization mation technology. TION OR MODIFICATION TO NCVHS.—After com- that the organization has prepared a prelimi- ‘‘(b) ELIGIBILITY.—To be eligible to receive pletion of the process under clause (ii), the a grant under this section, an applicant shall nary draft of an addition or modification to a standard adopted by section 1173(a), the standard setting organization submits the prepare and submit to the Secretary an ap- proposed addition or modification to the Na- plication, at such time, in such manner, and Secretary shall publish a notice in the Fed- eral Register that— tional Committee on Vital and Health Sta- containing such information, as the Sec- tistics for review and consideration under retary may require. ‘‘(I) identifies the subject matter of (and summarizes) the addition or modification; subparagraph (E). Such submission shall in- ‘‘(c) REPORTING.— ‘‘(II) specifies the procedure for obtaining clude information on the organization’s com- ‘‘(1) REQUIRED REPORTS BY SMALL PHYSICIAN the draft; pliance with the notice and comment re- PRACTICES.—A small physician practice requirements (and responses to those com- ceiving a grant under subsection (a) shall ‘‘(III) provides a description of how persons may submit comments in writing and at any ments) under clause (ii). submit to the Secretary an evaluation on the ‘‘(E) HEARING AND RECOMMENDATIONS BY NA- health information technology funded by public hearing or meeting held by the organization on the addition or modification; and TIONAL COMMITTEE ON VITAL AND HEALTH STA- such grant. Such evaluation shall include in- ‘‘(IV) invites submission of such comments TISTICS.—Under the upgrade program, upon formation on— and participation in such hearing or meeting receipt of a proposal submitted by a standard ‘‘(A) barriers to the adoption of health in- without requiring the public to pay a fee to setting organization under subparagraph formation technology by the small physician participate. (D)(iii) for the adoption of an addition or practice; ‘‘(iii) NOTICE OF PROPOSED ADDITION OR modification to a standard, the National ‘‘(B) issues for such practice in the use of MODIFICATION TO STANDARDS.—Not later than Committee on Vital and Health Statistics health information technology; 30 days after the date of the date the Sec- shall provide notice to the public and a rea- ‘‘(C) the effect health information tech- retary receives a notice from a standard set- sonable opportunity for public testimony at nology will have on the quality of health ting organization that the organization has a a hearing on such addition or modification. care furnished by such practice; and proposed addition or modification to a stand- The Secretary may participate in such hear- ‘‘(D) the effect of any medical liability ard adopted under section 1173(a) that the oring in such capacity (including presiding ex rules on such practice. ganization intends to submit under subpara- officio) as the Secretary shall determine ap- ‘‘(2) REPORT TO CONGRESS.—Not later than graph (D)(iii), the Secretary shall publish a propriate. Not later than 120 days after the January 1, 2009, the Secretary shall submit notice in the Federal Register that contains, date of receipt of the proposal, the Com- to Congress a report on the results of the with respect to the proposed addition or mittee shall submit to the Secretary its rec- demonstration program under this section. modification, the information required in ommendation to adopt (or not adopt) the ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— the notice under clause (ii) with respect to proposed addition or modification. There are authorized to be appropriated to the addition or modification. ‘‘(F) DETERMINATION BY SECRETARY TO AC- carry out this section $5,000,000 for each of ‘‘(iv) CONSTRUCTION.—Nothing in this para- CEPT OR REJECT NATIONAL COMMITTEE ON fiscal years 2007 and 2008.’’. graph shall be construed as requiring a VITAL AND HEALTH STATISTICS RECOMMENDA- TITLE II—TRANSACTION STANDARDS, standard setting organization to request the TION.— CODES, AND INFORMATION notices described in clauses (i) and (ii) with ‘‘(i) TIMELY DETERMINATION.—Under the up- SEC. 201. PROCEDURES TO ENSURE TIMELY UP- respect to an addition or modification to a grade program, if the National Committee on DATING OF STANDARDS THAT EN- standard in order to qualify for an expedited Vital and Health Statistics submits to the ABLE ELECTRONIC EXCHANGES. determination under subparagraph (C) with Secretary a recommendation under subpara- Section 1174(b) of the Social Security Act respect to a proposal submitted to the Sec- graph (E) to adopt a proposed addition or (42 U.S.C. 1320d–3(b)) is amended— retary for adoption of such addition or modi- modification, not later than 90 days after the (1) in paragraph (1)— fication. date of receipt of such recommendation the (A) in the first sentence, by inserting ‘‘and ‘‘(C) PROVISION OF EXPEDITED DETERMINA- Secretary shall make a determination to ac- in accordance with paragraph (3)’’ before the TION.—Under the upgrade program and with cept or reject the recommendation and shall period; and respect to a proposal by a standard setting publish notice of such determination in the (B) by adding at the end the following new organization for an addition or modification Federal Register not later than 30 days after sentence: ‘‘For purposes of this subsection to a standard adopted under section 1173(a), the date of the determination. and section 1173(c)(2), the term ‘modifica- if the Secretary determines that the stand- ‘‘(ii) CONTENTS OF NOTICE.—If the deter- tion’ includes a new version or a version up- ard setting organization developed such addi- mination is to reject the recommendation, grade.’’; and tion or modification in accordance with the such notice shall include the reasons for the (2) by adding at the end the following new requirements of subparagraph (D) and the rejection. If the determination is to accept paragraph: National Committee on Vital and Health the recommendation, as part of such notice ‘‘(3) EXPEDITED PROCEDURES FOR ADOPTION Statistics recommends approval of such ad- the Secretary shall promulgate the modified OF ADDITIONS AND MODIFICATIONS TO STAND- dition or modification under subparagraph standard (including the accepted proposed ARDS.— (E), the Secretary shall provide for expedited addition or modification accepted) as a final ‘‘(A) IN GENERAL.—For purposes of para- treatment of such proposal in accordance rule under this subsection without any fur- graph (1), the Secretary shall provide for an with subparagraph (F). ther notice or public comment period. expedited upgrade program (in this para- ‘‘(D) REQUIREMENTS.—The requirements ‘‘(iii) LIMITATION ON CONSIDERATION.—The graph referred to as the ‘upgrade program’), under this subparagraph with respect to a Secretary shall not consider a proposal in accordance with this paragraph, to de- proposed addition or modification to a stand- under this subparagraph unless the Sec- velop and approve additions and modifica- ard by a standard setting organization are retary determines that the requirements of tions to the standards adopted under section the following: subparagraph (D) (including publication of 1173(a) to improve the quality of such stand- ‘‘(i) REQUEST FOR PUBLICATION OF NOTICE.— notice and opportunity for public comment) ards or to extend the functionality of such The standard setting organization submits have been met with respect to the proposal.

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‘‘(G) EXEMPTION FROM PAPERWORK REDUC- (b) CODING AND DOCUMENTATION OF NON- and current Federal security and confiden- TION ACT.—Chapter 35 of title 44, United MEDICAL INFORMATION.—In any regulation or tiality standards to better protect, strength- States Code, shall not apply to a final rule other action implementing the International en, or otherwise improve the secure, con- promulgated under subparagraph (F). Classification of Diseases, 10th revision, fidential, and timely exchange of health in- ‘‘(H) TREATMENT AS SATISFYING REQUIRE- Clinical Modification (ICD–10-CM), the Inter- formation among States, the Federal govern- MENTS FOR NOTICE-AND-COMMENT.—Any re- national Classification of Diseases, 10th revi- ment, and public and private entities. quirements under section 553 of title 5, sion, Procedure Coding System (ICD–10- ‘‘(2) RECOMMENDATIONS FOR GREATER COM- United States Code, relating to notice and an PCS), or other version of the International MONALITY.—Insofar as the Secretary deter- opportunity for public comment with respect Classification of Diseases, 10th revision, the mines under paragraph (1) that there is a to a final rule promulgated under subpara- Secretary of Health and Human Services need for greater commonality of such re- graph (F) shall be treated as having been met shall ensure that no health care provider is quirements, recommendations on the extent by meeting the requirements of the notice required to code to a level of specificity that to which (and how) the current Federal secu- and opportunity for public comment pro- would require documentation of non-medical rity and confidentiality standards should be vided under provisions of subparagraphs information on the external cause of any changed in order to provide the commonality (B)(iii), (D), and (E). given type of injury. needed to better protect, strengthen, or oth- ‘‘(I) NO JUDICIAL REVIEW.—A final rule pro- SEC. 204. STRATEGIC PLAN FOR COORDINATING erwise improve the secure, confidential, and mulgated under subparagraph (F) shall not IMPLEMENTATION OF TRANSACTION timely exchange of health information. be subject to judicial review.’’. STANDARDS AND ICD CODES. ‘‘(3) SPECIFIC RECOMMENDATION ON LEGISLA- SEC. 202. UPGRADING ASC X12 AND NCPDP Not later than the date that is 180 days TIVE CHANGES FOR GREATER COMMONALITY.—A STANDARDS. after the date of the enactment of this Act, specific recommendation on the extent to (a) IN GENERAL.—The Secretary of Health the Secretary of Health and Human Services, which and how such standards should super- and Human Services shall provide by notice in consultation with relevant public and pri- sede State laws, in order to provide the com- published in the Federal Register for the fol- vate entities, shall develop a strategic plan monality needed to better protect or lowing replacements of standards to apply to with respect to the need for coordination in strengthen the security and confidentiality transactions occurring on or after April 1, the implementation of— of health information in the timely exchange 2009: (1) transaction standards under section of such information and legislative language (1) ACCREDITED STANDARDS COMMITTEE X12 1173(a) of the Social Security Act, including in the form of a bill to effectuate such spe- (ASC X12) STANDARD.—The replacement of the modifications to such standards under sec- cific recommendation. Accredited Standards Committee X12 (ASC tion 1174(b)(3) of such Act, as added by sec- X12) version 4010 adopted under section tion 201; and ‘‘(c) CONGRESSIONAL CONSIDERATION OF LEG- 1173(a) of such Act (42 U.S.C. 1320d-2(a)) with (2) any updated versions of the Inter- ISLATION PROVIDING FOR GREATER COM- the ASC X12 version 5010, as reviewed by the national Classification of Diseases (ICD), in- MONALITY.— National Committee on Vital Health Statis- cluding the replacement of ICD–9 provided ‘‘(1) RULES OF HOUSE OF REPRESENTATIVES tics. for under section 203(a). AND SENATE.—This subsection is enacted by (2) NATIONAL COUNCIL FOR PRESCRIPTION SEC. 205. STUDY AND REPORT TO DETERMINE IM- the Congress— DRUG PROGRAMS (NCPDP) TELECOMMUNICATIONS PACT OF VARIATION AND COM- ‘‘(A) as an exercise of the rulemaking STANDARDS.—The replacement of the Na- MONALITY IN STATE HEALTH INFOR- power of the House of Representatives and tional Council for Prescription Drug Pro- MATION LAWS AND REGULATIONS. the Senate, respectively, and as such they grams (NCPDP) Telecommunications Stand- Part C of title XI of the Social Security are deemed a part of the rules of each House, ards version 5.1 adopted under section 1173(a) Act is amended by adding at the end the fol- respectively, but applicable only with re- of such Act (42 U.S.C. 1320d–2(a)) with which- lowing new section: spect to the procedure to be followed in that ever is the latest version of the NCPDP Tele- ‘‘STUDY AND REPORT TO DETERMINE IMPACT OF House in the case of a greater commonality communications Standards that has been ap- VARIATION AND COMMONALITY IN STATE bill defined in paragraph (4), and they super- proved by such Council and reviewed by the HEALTH INFORMATION LAWS AND REGULA- sede other rules only to the extent that they National Committee on Vital Health Statis- TIONS are inconsistent therewith; and tics as of April 1, 2007. ‘‘SEC. 1180. (a) STUDY.—For purposes of pro- ‘‘(B) with full recognition of the constitu- (b) NO JUDICIAL REVIEW.—The implementa- moting the development of a nationwide tional right of either House to change the tion of subsection (a), including the deter- interoperable health information technology rules (so far as relating to the procedure of mination of the latest version under sub- infrastructure consistent with section 271(b) that House) at any time, in the same manner section (a)(2), shall not be subject to judicial of the Public Health Service Act, the Sec- and to the same extent as in the case of any review. retary shall conduct a study of the impact of other rule of that House. NTRODUCTION SEC. 203. UPGRADING ICD CODES; CODING AND variation in State security and confiden- ‘‘(2) I .—On the date on which DOCUMENTATION OF NON-MEDICAL tiality laws and current Federal security and the final report is submitted under sub- INFORMATION. confidentiality standards on the timely ex- section (b)(3)— (a) UPGRADING ICD CODES.— changes of health information in order to en- ‘‘(A) a greater commonality bill shall be (1) IN GENERAL.—The Secretary of Health sure the availability of health information introduced (by request) in the House by the and Human Services shall provide by notice necessary to make medical decisions at the majority leader of the House, for himself and published in the Federal Register for the re- location in which the medical care involved the minority leader of the House, or by Mem- placement of the International Classification is provided. Such study shall examine— bers of the House designated by the majority of Diseases, 9th revision, Clinical Modifica- ‘‘(1)(A) the degree of variation and com- leader and minority leader of the House; and tion (ICD–9-CM) under the regulation pro- monality among the requirements of such ‘‘(B) a greater commonality bill shall be mulgated under section 1173(c) of the Social laws for States; and introduced (by request) in the Senate by the Security Act (42 U.S.C. 1320d–2(c)), including ‘‘(B) the degree of variation and com- majority leader of the Senate, for himself for purposes of part A of title XVIII of such monality between the requirements of such and the minority leader of the Senate, or by Act, with both of the following: laws and the current Federal standards; Members of the Senate designated by the (A) The International Classification of Dis- ‘‘(2) insofar as there is variation among majority leader and minority leader of the eases, 10th revision, Clinical Modification and between such requirements, the Senate. (ICD–10-CM). strengths and weaknesses of such require- If either House is not in session on the day (B) The International Classification of Dis- ments; and on which such a report is submitted, the eases, 10th revision, Procedure Coding Sys- ‘‘(3) the extent to which such variation greater commonality bill shall be introduced tem (ICD–10-PCS). may adversely impact the secure, confiden- in that House, as provided in the preceding (2) APPLICATION.—The replacement made tial, and timely exchange of health informa- sentence, on the first day thereafter on by paragraph (1) shall apply, for purposes of tion among States, the Federal government, which the House is in session. section 1175(b)(2) of the Social Security Act and public and private entities, or may oth- ‘‘(3) REFERRAL.—A greater commonality (42 U.S.C. 1320d–4(b)(2)), to services furnished erwise impact the reliability of such infor- bill shall be referred by the Presiding Offi- on or after October 1, 2010. mation. cers of the respective House to the appro- (3) RULES OF CONSTRUCTION.—Nothing in ‘‘(b) REPORT.—Not later than 18 months priate committee (or committees) of such paragraph (1) shall be construed— after the date of the enactment of this sec- House, in accordance with the rules of that (A) as affecting the application of classi- tion, the Secretary shall submit to Congress House. fication methodologies or codes, such as CPT a report on the study under subsection (a) ‘‘(4) GREATER COMMONALITY BILL DEFINED.— or HCPCS codes, other than under the Inter- and shall include in such report the fol- For purposes of this section, the term ‘great- national Classification of Diseases (ICD); or lowing: er commonality bill’ means a bill— (B) as superseding the authority of the ‘‘(1) ANALYSIS OF NEED FOR GREATER COM- ‘‘(A) the title of which is the following: ‘A Secretary of Health and Human Services to MONALITY.—A determination by the Sec- Bill to provide the commonality needed to maintain and modify the coding set for ICD– retary on the extent to which there is a need better protect, strengthen, or otherwise im- 10-CM and ICD–10-PCS, including under the for greater commonality of the requirements prove the secure, confidential, and timely amendments made by section 201. of State security and confidentiality laws exchange of health information’; and

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JY7.014 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5993 ‘‘(B) the text of which, as introduced, con- ‘‘(i) the provision of such remuneration is (A) the safe harbor under section sists of the text of the bill included in the re- without an agreement between the parties or 1128A(b)(4) of such Act (42 U.S.C. 1320a– port submitted under subsection (b)(3). legal condition that— 7a(b)(4)), as added by subsection (a)(1); and ‘‘(d) DEFINITIONS.—For purposes of this sec- ‘‘(I) limits or restricts the use of the health (B) the safe harbor under section tion: information technology to services provided 1128B(b)(3)(J) of such Act (42 U.S.C. 1320a– ‘‘(1) CURRENT FEDERAL SECURITY AND CON- by the physician to individuals receiving 7b(b)(3)(J)), as added by subsection (b). FIDENTIALITY STANDARDS.—The term ‘current services at the specified entity; SEC. 302. EXCEPTION TO LIMITATION ON CER- Federal security and confidentiality stand- ‘‘(II) limits or restricts the use of the TAIN PHYSICIAN REFERRALS ards’ means the Federal privacy standards health information technology in conjunc- (UNDER STARK) FOR PROVISION OF established pursuant to section 264(c) of the tion with other health information tech- HEALTH INFORMATION TECH- Health Insurance Portability and Account- nology; or NOLOGY AND TRAINING SERVICES TO HEALTH CARE PROFESSIONALS. ability Act of 1996 (42 U.S.C. 1320d–2 note) ‘‘(III) conditions the provision of such remuneration on the referral of patients or (a) IN GENERAL.—Section 1877(b) of the So- and security standards established under sec- cial Security Act (42 U.S.C. 1395nn(b)) is business to the specified entity; tion 1173(d) of the Social Security Act. amended by adding at the end the following ‘‘(ii) such remuneration is arranged for in ‘‘(2) STATE.—The term ‘State’ has the new paragraph: a written agreement that is signed by the meaning given such term when used in title ‘‘(6) INFORMATION TECHNOLOGY AND TRAIN- parties involved (or their representatives) XI of the Social Security Act, as provided ING SERVICES.— and that specifies the remuneration solicited under section 1101(a) of such Act (42 U.S.C. ‘‘(A) IN GENERAL.—Any nonmonetary remu- or received (or offered or paid) and states 1301(a)). neration (in the form of health information that the provision of such remuneration is ‘‘(3) STATE SECURITY AND CONFIDENTIALITY technology or related installation, mainte- made for the primary purpose of better co- LAWS.—The term ‘State security and con- nance, support or training services) made by ordination of care or improvement of health fidentiality laws’ means State laws and regu- a specified entity to a physician if— quality, efficiency, or research; and lations relating to the privacy and confiden- ‘‘(i) the provision of such remuneration is ‘‘(iii) the specified entity providing the re- tiality of health information or to the secu- without an agreement between the parties or muneration (or a representative of such enti- rity of such information.’’. legal condition that— ty) has not taken any action to disable any TITLE III—PROMOTING THE USE OF ‘‘(I) limits or restricts the use of the health basic feature of any hardware or software HEALTH INFORMATION TECHNOLOGY information technology to services provided component of such remuneration that would TO BETTER COORDINATE HEALTH CARE by the physician to individuals receiving permit interoperability.’’; and services at the specified entity; SEC. 301. SAFE HARBORS TO ANTIKICKBACK (2) by adding at the end the following new ‘‘(II) limits or restricts the use of the CIVIL PENALTIES AND CRIMINAL subsection: PENALTIES FOR PROVISION OF health information technology in conjunc- ‘‘(g) SPECIFIED ENTITY DEFINED.—For pur- HEALTH INFORMATION TECH- tion with other health information tech- NOLOGY AND TRAINING SERVICES. poses of subsection (b)(3)(J), the term ‘specified entity’ means an entity that is a hos- nology; or (a) FOR CIVIL PENALTIES.—Section 1128A of pital, group practice, prescription drug plan ‘‘(III) conditions the provision of such re- the Social Security Act (42 U.S.C. 1320a–7a) sponsor, a Medicare Advantage organization, muneration on the referral of patients or is amended— or any other such entity specified by the business to the specified entity; (1) in subsection (b), by adding at the end Secretary, considering the goals and objec- ‘‘(ii) such remuneration is arranged for in the following new paragraph: tives of this section, as well as the goals to a written agreement that is signed by the ‘‘(4) For purposes of this subsection, in- better coordinate the delivery of health care parties involved (or their representatives) ducements to reduce or limit services de- and to promote the adoption and use of and that specifies the remuneration made scribed in paragraph (1) shall not include the health information technology.’’. and states that the provision of such remu- practical or other advantages resulting from (c) EFFECTIVE DATE AND EFFECT ON STATE neration is made for the primary purpose of health information technology or related in- LAWS.— better coordination of care or improvement stallation, maintenance, support, or training (1) EFFECTIVE DATE.—The amendments of health quality, efficiency, or research; and services.’’; and made by subsections (a) and (b) shall take ef- ‘‘(iii) the specified entity (or a representa- (2) in subsection (i), by adding at the end fect on the date that is 120 days after the tive of such entity) has not taken any action the following new paragraph: date of the enactment of this Act. to disable any basic feature of any hardware ‘‘(8) The term ‘health information tech- (2) PREEMPTION OF STATE LAWS.—No State or software component of such remuneration nology’ means hardware, software, license, (as defined in section 1101(a) of the Social Se- that would permit interoperability. right, intellectual property, equipment, or curity Act (42 U.S.C. 1301(a)) for purposes of ‘‘(B) HEALTH INFORMATION TECHNOLOGY DE- other information technology (including new title XI of such Act) shall have in effect a FINED.—For purposes of this paragraph, the versions, upgrades, and connectivity) de- State law that imposes a criminal or civil term ‘health information technology’ means signed or provided primarily for the elec- penalty for a transaction described in sec- hardware, software, license, right, intellec- tronic creation, maintenance, or exchange of tion 1128A(b)(4) or section 1128B(b)(3)(J) of tual property, equipment, or other informa- health information to better coordinate care such Act, as added by subsections (a)(1) and tion technology (including new versions, up- or improve health care quality, efficiency, or (b), respectively, if the conditions described grades, and connectivity) designed or pro- research.’’. in the respective provision, with respect to vided primarily for the electronic creation, (b) FOR CRIMINAL PENALTIES.—Section such transaction, are met. maintenance, or exchange of health informa- 1128B of such Act (42 U.S.C. 1320a–7b) is (d) STUDY AND REPORT TO ASSESS EFFECT tion to better coordinate care or improve amended— OF SAFE HARBORS ON HEALTH SYSTEM.— health care quality, efficiency, or research. (1) in subsection (b)(3)— (1) IN GENERAL.—The Secretary of Health ‘‘(C) SPECIFIED ENTITY DEFINED.—For pur- (A) in subparagraph (G), by striking ‘‘and’’ and Human Services shall conduct a study to poses of this paragraph, the term ‘specified at the end; determine the impact of each of the safe har- entity’ means an entity that is a hospital, (B) in the subparagraph (H) added by sec- bors described in paragraph (3). In particular, group practice, prescription drug plan spon- tion 237(d) of the Medicare Prescription the study shall examine the following: sor, a Medicare Advantage organization, or Drug, Improvement, and Modernization Act (A) The effectiveness of each safe harbor in any other such entity specified by the Sec- of 2003 (Public Law 108–173; 117 Stat. 2213)— increasing the adoption of health informa- retary, considering the goals and objectives (i) by moving such subparagraph 2 ems to tion technology. of this section, as well as the goals to better the left; and (B) The types of health information tech- coordinate the delivery of health care and to (ii) by striking the period at the end and nology provided under each safe harbor. promote the adoption and use of health in- inserting a semicolon; (C) The extent to which the financial or formation technology.’’. (C) in the subparagraph (H) added by sec- other business relationships between pro- (b) EFFECTIVE DATE; EFFECT ON STATE tion 431(a) of such Act (117 Stat. 2287)— viders under each safe harbor have changed LAWS.— (i) by redesignating such subparagraph as as a result of the safe harbor in a way that (1) EFFECTIVE DATE.—The amendment subparagraph (I); adversely affects or benefits the health care made by subsection (a) shall take effect on (ii) by moving such subparagraph 2 ems to system or choices available to consumers. the date that is 120 days after the date of the the left; and (D) The impact of the adoption of health enactment of this Act. (iii) by striking the period at the end and information technology on health care qual- (2) PREEMPTION OF STATE LAWS.—No State inserting ‘‘; and’’; and ity, cost, and access under each safe harbor. (as defined in section 1101(a) of the Social Se- (D) by adding at the end the following new (2) REPORT.—Not later than three years curity Act (42 U.S.C. 1301(a)) for purposes of subparagraph: after the effective date described in subtitle XI of such Act) shall have in effect a ‘‘(J) any nonmonetary remuneration (in section (c)(1), the Secretary of Health and State law that imposes a criminal or civil the form of health information technology, Human Services shall submit to Congress a penalty for a transaction described in sec- as defined in section 1128A(i)(8), or related report on the study under paragraph (1). tion 1877(b)(6) of such Act, as added by sub- installation, maintenance, support or train- (3) SAFE HARBORS DESCRIBED.—For purposes section (a), if the conditions described in ing services) made to a person by a specified of paragraphs (1) and (2), the safe harbors de- such section, with respect to such trans- entity (as defined in subsection (g)) if— scribed in this paragraph are— action, are met.

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(c) STUDY AND REPORT TO ASSESS EFFECT ing given that term for purposes of title tion action as the Secretary determines ap- OF EXCEPTION ON HEALTH SYSTEM.— XVIII of the Social Security Act. propriate. (1) IN GENERAL.—The Secretary of Health SEC. 402. STUDY AND REPORT ON EXPANSION OF SEC. 404. ENSURING HEALTH CARE PROVIDERS and Human Services shall conduct a study to HOME HEALTH-RELATED TELE- PARTICIPATING IN PHSA PRO- determine the impact of the exception under HEALTH SERVICES. GRAMS, MEDICAID, SCHIP, OR THE section 1877(b)(6) of such Act (42 U.S.C. (a) STUDY.—The Secretary of Health and MCH PROGRAM MAY MAINTAIN 1395nn(b)(6)), as added by subsection (a). In Human Services shall conduct a study to de- HEALTH INFORMATION IN ELEC- termine the feasibility, advisability, and the TRONIC FORM. particular, the study shall examine the fol- Part D of title II of the Public Health Serv- lowing: costs of— (1) including coverage and payment for ice Act, as added by section 101(a) and (A) The effectiveness of the exception in amended by sections 103 and 105, is further home health-related telehealth services as increasing the adoption of health informa- amended by adding at the end the following part of home health services under title tion technology. new section: (B) The types of health information tech- XVIII of the Social Security Act; and (2) expanding the list of sites described in ‘‘SEC. 274. ENSURING HEALTH CARE PROVIDERS nology provided under the exception. MAY MAINTAIN HEALTH INFORMA- (C) The extent to which the financial or paragraph (4)(C)(ii) of section 1834(m) of the TION IN ELECTRONIC FORM. other business relationships between pro- Social Security Act (42 U.S.C. 1395m(m)) to ‘‘(a) IN GENERAL.—Any health care providers under the exception have changed as a include county mental health clinics or vider that participates in a health care pro- result of the exception in a way that ad- other publicly funded mental health facili- gram that receives Federal funds under this versely affects or benefits the health care ties for the purpose of payment under such Act, or under title V, XIX, or XXI of the So- system or choices available to consumers. section for the provision of telehealth serv- cial Security Act, shall be deemed as meet- (D) The impact of the adoption of health ices at such clinics or facilities. ing any requirement for the maintenance of information technology on health care qual- (b) SPECIFICS OF STUDY.—Such study shall data in paper form under such program ity, cost, and access under the exception. demonstrate whether the changes described (whether or not for purposes of management, (2) REPORT.—Not later than three years in paragraphs (1) and (2) of subsection (a) billing, reporting, reimbursement, or other- after the effective date described in sub- will result in the following: wise) if the required data is maintained in an section (b)(1), the Secretary of Health and (1) Enhanced health outcomes for individ- electronic form. Human Services shall submit to Congress a uals with one or more chronic conditions. ‘‘(b) RELATION TO STATE LAWS.—Beginning report on the study under paragraph (1). (2) Health outcomes for individuals fur- on the date that is one year after the date of nished telehealth services or home health-re- the enactment of this section, subsection (a) SEC. 303. RULES OF CONSTRUCTION REGARDING USE OF CONSORTIA. lated telehealth services that are at least shall supersede any contrary provision of State law. (a) APPLICATION TO SAFE HARBOR FROM comparable to the health outcomes for indi- ‘‘(c) CONSTRUCTION.—Nothing in this sec- CRIMINAL PENALTIES.—Section 1128B(b)(3) of viduals furnished similar items and services tion shall be construed as— the Social Security Act (42 U.S.C. 1320a– by a health care provider at the same loca- ‘‘(1) requiring health care providers to 7b(b)(3)) is amended by adding after and tion of the individual or at the home of the maintain or submit data in electronic form; below subparagraph (J), as added by section individual, respectively. ‘‘(2) preventing a State from permitting 301(b)(1), the following: ‘‘For purposes of sub- (3) Facilitation of communication of more health care providers to maintain or submit paragraph (J), nothing in such subparagraph accurate clinical information between health data in paper form; or shall be construed as preventing a specified care providers. ‘‘(3) preventing a State from requiring entity, consistent with the specific require- (4) Closer monitoring of individuals by health care providers to maintain or submit ments of such subparagraph, from forming a health care providers. data in electronic form.’’. consortium composed of health care pro- (5) Overall reduction in expenditures for viders, payers, employers, and other inter- health care items and services. SEC. 405. ENSURING HEALTH CARE PROVIDERS PARTICIPATING IN THE MEDICARE ested entities to collectively purchase and (6) Improved access to health care. (c) HOME HEALTH-RELATED TELEHEALTH PROGRAM MAY MAINTAIN HEALTH donate health information technology, or INFORMATION IN ELECTRONIC SERVICES DEFINED.—For purposes of this sec- from offering health care providers a choice FORM. tion, the term ‘‘home health-related tele- of health information technology products in Section 1871 of the Social Security Act (42 health services’’ means technology-based order to take into account the varying needs U.S.C. 1395hh) is amended by adding at the of such providers receiving such products.’’. professional consultations, patient moni- end the following new subsection: toring, patient training services, clinical ob- (b) APPLICATION TO STARK EXCEPTION.— ‘‘(g)(1) Any provider of services or supplier Paragraph (6) of section 1877(b) of the Social servation, patient assessment, and any other shall be deemed as meeting any requirement Security Act (42 U.S.C. 1395nn(b)), as added health services that utilize telecommuni- for the maintenance of data in paper form by section 302(a), is amended by adding at cations technologies. Such term does not in- under this title (whether or not for purposes the end the following new subparagraph: clude a telecommunication that consists of management, billing, reporting, reim- solely of a telephone audio conversation, fac- ‘‘(D) RULE OF CONSTRUCTION.—For purposes bursement, or otherwise) if the required data of subparagraph (A), nothing in such sub- simile, electronic text mail, or consultation is maintained in an electronic form. paragraph shall be construed as preventing a between two health care providers. ‘‘(2) Nothing in this subsection shall be (d) REPORT.—Not later than 18 months specified entity, consistent with the specific construed as requiring health care providers after the date of the enactment of this Act, requirements of such subparagraph, from— to maintain or submit data in electronic the Secretary of Health and Human Services ‘‘(i) forming a consortium composed of form.’’. shall submit to Congress a report on the health care providers, payers, employers, and SEC. 406. STUDY AND REPORT ON STATE, RE- study conducted under subsection (a) and other interested entities to collectively pur- GIONAL, AND COMMUNITY HEALTH shall include in such report such rec- INFORMATION EXCHANGES. chase and donate health information tech- ommendations for legislation or administra- (a) STUDY.—The Secretary of Health and nology; or tion action as the Secretary determines ap- Human Services shall conduct a study on ‘‘(ii) offering health care providers a choice propriate. issues related to the development, operation, of health information technology products in and implementation of State, regional, and order to take into account the varying needs SEC. 403. STUDY AND REPORT ON STORE AND FORWARD TECHNOLOGY FOR TELE- community health information exchanges. of such providers receiving such products.’’. HEALTH. Such study shall include the following, with TITLE IV—ADDITIONAL PROVISIONS (a) STUDY.—The Secretary of Health and respect to such health information ex- SEC. 401. PROMOTION OF TELEHEALTH SERV- Human Services, acting through the Director changes: ICES. of the Office for the Advancement of Tele- (1) Profiles detailing the current stages of (a) FACILITATING THE PROVISION OF TELE- health, shall conduct a study on the use of such health information exchanges with re- HEALTH SERVICES ACROSS STATE LINES.—The store and forward technologies (that provide spect to the progression of the development, Secretary of Health and Human Services for the asynchronous transmission of health operation, implementation, organization, shall, in coordination with physicians, care information in single or multimedia for- and governance of such exchanges. health care practitioners, patient advocates, mats) in the provision of telehealth services. (2) The impact of such exchanges on and representatives of States, encourage and Such study shall include an assessment of healthcare quality, safety, and efficiency, in- facilitate the adoption of State reciprocity the feasibility, advisability, and the costs of cluding— agreements for practitioner licensure in expanding the use of such technologies for (A) any impact on the coordination of order to expedite the provision across State use in the diagnosis and treatment of certain health information and services across lines of telehealth services. conditions. healthcare providers and other organizations (b) REPORT.—Not later than 18 months (b) REPORT.—Not later than 18 months relevant to health care; after the date of the enactment of this Act, after the date of the enactment of this Act, (B) any impact on the availability of the Secretary of Health and Human Services the Secretary of Health and Human Services health information at the point-of-care to shall submit to Congress a report on the ac- shall submit to Congress a report on the make timely medical decisions; tions taken to carry out subsection (a). study conducted under subsection (a) and (C) any benefits with respect to the pro- (c) STATE DEFINED.—For purposes of this shall include in such report such rec- motion of wellness, disease prevention, and subsection, the term ‘‘State’’ has the mean- ommendations for legislation or administra- chronic disease management;

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JY7.014 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5995 (D) any improvement with respect to pub- Texas (Mr. HINOJOSA) and a Member op- Mr. Chairman, may I inquire how lic health preparedness and response; posed each will control 5 minutes. much time I have remaining. (E) any impact on the widespread adoption The Chair recognizes the gentleman The CHAIRMAN. The gentleman has of interoperable health information tech- from Texas. 2 minutes remaining. nology, including electronic health records; Mr. HINOJOSA. Mr. Chairman, I Does any Member claim time in op- (F) any contributions to achieving an yield myself such time as I may con- position to the amendment? Internet-based national health information Mrs. JOHNSON of Connecticut. Mr. network; sume. (G) any contribution of health information Mr. Chairman, I rise today to offer an Chairman, I claim time in opposition exchanges to consumer access and to con- amendment to help ensure equal access to the amendment. I don’t intend to sumers’ use of their health information; and to our health care system. All too oppose the amendment. I am just (H) any impact on the operation of— often a lack of education can limit the claiming the time. (i) the Medicaid and Medicare programs; quality of life of an individual. This is The CHAIRMAN. Without objection, (ii) the State Children’s Health Insurance especially true when considering issues the gentlewoman from Connecticut Program (SCHIP); will control 5 minutes. (iii) disproportionate share hospitals de- that govern one’s health and well being. There was no objection. scribed in section 1923 of the Social Security Mrs. JOHNSON of Connecticut. Mr. To change this fact, I am offering an Act; Chairman, I think the gentleman’s (iv) Federally-qualified health centers; or amendment that would help ensure amendment points out why health in- (v) managed care plans, if a significant that all citizens would benefit from ad- formation technology is so terribly im- number of the plan’s enrollees are bene- vances in our medical technology and portant to making the next leap for- ficiaries in the Medicaid program or SCHIP. new information. My amendment di- ward in quality that medical science (3) Best practice models for financing, rects the national coordinator for the incentivizing, and sustaining such health in- has made available to us. health information technology to information exchanges. It will take a lot more teaching of crease information and medical re- (4) Information identifying the common patients. It will take a much different sources for individuals with low lit- principles, policies, tools, and standards used relationship between nurses and med- eracy. (or proposed) in the public and private sec- ical personnel and patients to make tors to support the development, operation, Passage of this amendment would sure that they have the guidance and and implementation of such health informa- create a new national priority for support they need to prevent their dis- tion exchanges. bridging the literacy gap in health care ease from getting worse or to follow a (5) A description of any areas in which Fed- resources and assign responsibility of regimen that will prevent their chronic eral government leadership is needed to sup- that goal to the new national coordi- port growth and sustainability of such illness from compromising their lives. health information exchanges. nator. (b) REPORT.—Not later than one year after The new priority is especially impor- b 1430 the date of enactment of this Act, the Sec- tant in the race to cure diabetes. In my So this issue of communication is retary of Health and Human Services shall congressional district, over 100,000 indi- going to be a bigger issue in the next submit to Congress a report on the study de- viduals suffer from this disease. And round of the American health care sys- scribed in subsection (a), including such rec- while our Nation is constantly working ommendations as the Secretary determines tem even than it is today. appropriate to facilitate the development, to find new ways of combating diabe- But I would like to yield to the gen- operation, and implementation of health in- tes, most of those inventions rely heav- tleman from Pennsylvania for some formation exchanges. ily on medical technology that requires questions. The CHAIRMAN. No further amend- its users to have a certain level of Mr. MURPHY. I thank the gentle- ment to the bill, as amended, is in mathematical skills, access to the woman, and I have a question for the order except those printed in part C of Internet, and in some cases, at a min- distinguished gentleman from Texas the report. Each amendment may be imum, a high school level of literacy. just to help clarify this, because my as- offered only in the order printed in the While at first these requirements sumption is the amendment would be report, by a member designated in the may seem ordinary and readily avail- one that would help those who have report, shall be considered read, shall able, in districts such as mine, this is problems with illiteracy or language be debatable for the time specified in all but impossible. It is impossible be- skills, perhaps English language is not the report, equally divided and con- cause a large number of citizens who of good grasp to them and they may be trolled by the proponent and an oppo- suffer from diabetes are undereducated, in a hospital where the staff may not nent, shall not be subject to amend- or they are elderly and lack computer be aware of that, and one of the impor- ment, and shall not be subject to a de- skills. In some cases they live in pov- tance of an electronic medical record is mand for division of the question. erty. the files would be there on record. So AMENDMENT NO. 1 OFFERED BY MR. HINOJOSA Simply put, the most effective treat- even if the person had limited abilities, The CHAIRMAN. It is now in order to ments for individuals with diabetes and the doctor would have access. But I consider amendment No. 1 printed in other illnesses remain out of the reach want to just ask a clarifying question part C of House Report 109–603. of citizens who need it most. Due to to make sure this is what you meant Mr. HINOJOSA. Mr. Chairman, I the lack of focus and the creation of by this amendment. offer an amendment. our technology, millions die each year. By this, I am assuming it is not a The CHAIRMAN. The Clerk will des- Additionally, according to a study matter that would impede in any way ignate the amendment. sponsored by the American Diabetes the doctor’s ability to have informa- The text of the amendment is as fol- Association, an organization that has tion on record, that would have swift lows: endorsed this amendment, our Nation and high standards of medical care Amendment No. 1 offered by Mr. HINOJOSA: pays over $100 billion a year in lost there, in no way would this impede; In section 271(b)(8) of the Public Health wages, lost productivity, emergency such as the records would have to be Service Act, as added by section 101(a) of the Bill, strike ‘‘is consistent’’ and insert ‘‘pro- room visits and care. written in multiple languages for doc- vides for the confidentiality and security of A clear example of what is at risk if tors who wouldn’t necessarily under- individually identifiable health information, we fail to launch an aggressive effort stand that. I am assuming that is the consistent’’. geared at removing literacy barriers to case in this, that you are saying that In section 271(b) of the Public Health Serv- health care information and tech- the best interest of the patient is what ice Act, as added by section 101(a) of the Bill, nology can be witnessed in my own dis- you have in mind here so that the strike ‘‘and’’ at the end of paragraph (11), strike the period at the end of paragraph (12) trict’s 41 percent diabetes mortality records are always available, that the and insert ‘‘; and’’, and add at the end the rate. doctor could understand them clearly following new paragraph: That means that due to health care even if the patient has difficulty com- ‘‘(13) improves the availability of informa- literacy barriers, one in two citizens municating. Am I correct in that, sir? tion and resources for individuals with low diagnosed with diabetes in my district Mr. HINOJOSA. In my opinion, if the or limited literacy or language skills.’’. will die from diabetes complications. patient gives permission that that in- The CHAIRMAN. Pursuant to House To help change this fact, I urge my formation be released, I have no prob- Resolution 952, the gentleman from colleagues to support this amendment. lem with that.

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JY7.014 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5996 CONGRESSIONAL RECORD — HOUSE July 27, 2006 Mr. MURPHY. I am assuming that is The text of the amendment is as fol- For these reasons, Mr. Speaker, I be- what you meant. It is important that lows: lieve that this study is vital to the as- hospitals not see this as something Amendment No. 2 offered by Mr. TOWNS: sessment, examination, and implemen- that they, for example, have to con- Add at the end of section 101 the following: tation of health information, tech- stantly rewrite records in ways that (d) STUDY OF HEALTH INFORMATION TECH- nology in medically underserved areas would impair understanding between NOLOGY IN MEDICALLY UNDERSERVED COMMU- in this Nation. And I do believe that physicians as well. And along those NITIES.— my amendment adds considerable lines, I think it is an excellent idea to (1) STUDY.—The National Coordinator for value to the health information tech- Health Information Technology shall con- nology bill. I have worked in a bipar- provide it, because it does provide ac- duct a study on the development and imple- cess of information for the doctors. mentation of health information technology tisan fashion on this bill with Rep- Mr. HINOJOSA. If the gentleman will in medically underserved communities. The resentative FERGUSON of New Jersey to allow me to explain. I think that the study shall— present the portion of the bill related intent of my amendment is to be able (A) identify barriers to successful imple- to grants in medically underserved to acknowledge that there are people mentation of health information technology areas. out there who can not get one of these in these communities; Mr. Chairman, I do feel that this new machines that we use now to (B) examine the impact of health informa- amendment strengthens this bill and is tion technology on providing quality care something that we really need to do if measure the glucose, if I am a diabetic, and reducing the cost of care to these com- and be able to take it and follow the in- we want to reach the hard-to-reach munities; areas and to be able to have the kind of structions if they are limited English (C) examine urban and rural community proficient, for example. In many cases, health systems and determine the impact data and have the kind of information the lower the level of education attain- that health information technology may to give them quality health care. On that note, Mr. Chairman, I re- ment, the more difficult it is to use have on the capacity of primary health providers; and serve the balance of my time. some of this modern equipment that is The CHAIRMAN. Who claims time in available in technology. And so the in- (D) assess the feasibility and the costs associated with the use of health information opposition? tent of Congress would be to address technology in these communities. Mrs. JOHNSON of Connecticut. I rise that group, regardless of the size, the (2) REPORT.—Not later than 18 months to support this amendment. percentage of people who need that after the date of the enactment of this Act, The CHAIRMAN. Does the gentle- extra assistance with the training nec- the National Coordinator shall submit to woman claim time in opposition? essary to use the modern equipment. Congress a report on the study conducted Mrs. JOHNSON of Connecticut. I Mr. MURPHY. Reclaiming my time, under paragraph (1) and shall include in such claim time in opposition. that makes sense, because I work with report such recommendations for legislation The CHAIRMAN. Without objection, many patients who are disabled, who or administrative action as the Coordinator the gentlewoman will control 5 min- determines appropriate. have literacy problems, and it is im- utes. portant that the medical community The CHAIRMAN. Pursuant to House There was no objection. works to help those patients. I just Resolution 952, the gentleman from Mrs. JOHNSON of Connecticut. I want to make sure also the electronic New York (Mr. TOWNS) and a Member claim time to say we accept the medical records then serve both pur- opposed each will control 5 minutes. amendment. It is a very thoughtful poses, to help those patients, but cer- The Chair recognizes the gentleman amendment and an important one, and tainly to make sure the primary as- from New York. we thank the gentleman from New pects of having the medical records Mr. TOWNS. Mr. Chairman, I am York (Mr. TOWNS). there electronically is to help doctors really concerned that, in implementing Mr. TOWNS. I want to thank the gen- communicate quickly and swiftly with any health information technology ini- tlewoman from Connecticut for sup- accurate data. Along those lines, I tiative, that we will not have the best porting the amendment. think it is an excellent idea. information to address the needs of Mr. Chairman, I yield back the bal- Mr. HINOJOSA. Mr. Chairman, I medically underserved areas. My ance of my time, would like to hear Congresswoman amendment to H.R. 4157 creates a criti- Mrs. JOHNSON of Connecticut. Mr. Chairman, I yield back the balance of NANCY JOHNSON’s thoughts on being cally important study that would give my time. able to work with us on this amend- us the benchmarks to use in imple- The CHAIRMAN. The question is on ment, because it is very important not menting this technology in these com- the amendment offered by the gen- only in South Texas, but throughout munities, both urban and rural. tleman from New York (Mr. TOWNS). the country. First, the proposed study will examine and determine the impact of health The question was taken; and the Mrs. JOHNSON of Connecticut. Mr. Chairman announced that the ayes ap- Chairman, we certainly are willing to information technology on improving the capacity of primary care providers peared to have it. accept the gentleman’s amendment. It Mr. PALLONE. Mr. Chairman, I de- in medically underserved communities. is a very thoughtful and important mand a recorded vote. one. Second, the study would identify the The CHAIRMAN. Pursuant to clause Mr. HINOJOSA. I thank the gentle- barriers to the implementation of 6 of rule XVIII, further proceedings on woman for accepting this amendment health information technology in these the amendment offered by the gen- and working with me to eliminate the communities. tleman from New York will be post- literacy barriers from our health care Third, the study will assess the feasi- poned. bility and costs associated with imple- system. AMENDMENT NO. 3 OFFERED BY MR. JACKSON OF Mr. Chairman, I yield back the bal- menting health information tech- ILLINOIS ance of my time. nology in these communities. The CHAIRMAN. It is now in order to Mrs. JOHNSON of Connecticut. Mr. Some of the Nation’s finest founda- consider amendment No. 3 printed in Chairman, I yield back the balance of tions have done tremendous work in part C of House Report 109–603. my time. how health information technology can Mr. JACKSON of Illinois. Mr. Chair- The CHAIRMAN. The question is on be used in hard-to-reach and difficult man, I offer an amendment. the amendment offered by the gen- areas to serve in our Nation. They in- The CHAIRMAN. The Clerk will des- tleman from Texas (Mr. HINOJOSA). clude the Markle Foundation, the Rob- ignate the amendment. The amendment was agreed to. ert Wood Johnson Foundation, and the The text of the amendment is as fol- AMENDMENT NO. 2 OFFERED BY MR. TOWNS Henry J. Kaiser Family Foundation. lows: The CHAIRMAN. It is now in order to We want to incorporate this work and Amendment No. 3 offered by Mr. JACKSON consider amendment No. 2 printed in other’s work done by the Agency For of Illinois: part C of House Report 109–603. Health Care Research and Quality, and In section 102, add at the end the following new paragraph: Mr. TOWNS. Mr. Chairman, I offer an make sure it is applied to the develop- (5) Recommendations on the inclusion of amendment. ment and implementation of health in- emergency contact or next-of-kin informa- The CHAIRMAN. The Clerk will des- formation technology and medically tion (including name and phone number) in ignate the amendment. underserved areas. interoperable electronic health records.

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.058 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5997 The CHAIRMAN. Pursuant to House pital staff quickly notify you about which improve medical care access and Resolution 952, the gentleman from Il- your loved one’s condition. You could health care by way of health informa- linois (Mr. JACKSON) and a Member op- rush to be by their side and possibly tion technology to patients in under- posed each will control 5 minutes. share critical medical history and in- served rural and urban areas. In my The Chair recognizes the gentleman formation. Emergency contact and district, which encompasses both rural from Illinois. next-of-kin information should be in- and urban areas, I have seen the need Mr. JACKSON of Illinois. Mr. Chair- cluded in electronic medical records to for health IT to promote better health man, my amendment simply states ensure that family members are noti- care and accessibility. that emergency contact or next-of-kin fied and informed decisions are made In some of my rural counties, citi- information should be included in the during a medical emergency. zens are faced with few health care op- interoperable electronic health Mr. Chairman, I ask for an ‘‘aye’’ tions and in many cases, are forced to records. vote on the Jackson amendment. travel great distances to see doctors, Mr. Chairman, in an instant, a wrong Mr. Chairman, I reserve the balance specialists, and go to a hospital or care turn, a sudden fall, a missed step, of my time. facility which can address their indi- someone, indeed anyone, can find The CHAIRMAN. Does the gentle- vidual health needs. In my hometown themselves in a crisis and in need of woman from Connecticut claim the of Laredo, Texas, a major South Texas emergency medical care. Nationwide, time in opposition? urban area, there is a great need for nearly 1 million people arrive in emer- Mrs. JOHNSON of Connecticut. Mr. health IT to better coordinate and pro- gency rooms each year unconscious or Chairman, I rise in opposition. vide the care to the uninsured and physically unable to give informed con- The CHAIRMAN. Without objection, underinsured, and of course, the under- sent for their care. the gentlewoman from Connecticut served patients. Consider the story of Elaine Sullivan. will control 5 minutes. Citizens in America’s remote and A very active 71-year-old woman, There was no objection. rural isolated areas and urban areas, Elaine fell at home while trying to get Mrs. JOHNSON of Connecticut. First which often lack sufficient medical into her bathtub. When paramedics ar- of all, the gentleman from Illinois has services, face very difficult challenges rived, she realized that injuries to her brought a very thoughtful amendment to access quality health care and treat- mouth and head made her unable to to this bill. The information that he ment. New health information tech- communicate and give informed con- wants included in electronic health nology, including the health IT to be sent for her own care. Although stable record is extremely important informa- funded by grants to be integrated with for the first few days, she began to slip tion, and I support your amendment. the health care systems, and this par- into critical condition. The hospital Mr. JACKSON of Illinois. I thank the ticular bill, a bill that I support, lays failed to notify her family for 6 days, gentlewoman for supporting our the essential groundwork for a new era and tragically Elaine Sullivan died amendment, Mr. Chairman. of sensibility and quality health care I yield back the balance of my time. alone in the hospital. that all Americans deserve regardless The CHAIRMAN. The question is on In the aftermath of this tragedy, of where they call home. the amendment offered by the gen- Elaine Sullivan’s daughter, Jan, and Mr. Chairman, I ask for favorable tleman from Illinois (Mr. JACKSON). granddaughter, Laura, turned their consideration of my amendment, and I The amendment was agreed to. personal pain to public action. Jan and believe this amendment is acceptable AMENDMENT NO. 4 OFFERED BY MR. CUELLAR Laura Greenwald went to work to to Mrs. JOHNSON. make sure that that never happened to The CHAIRMAN. It is now in order to Mrs. JOHNSON of Connecticut. Mr. their loved ones or anyone else’s loved consider amendment No. 4 printed in Chairman, I rise in support of the one again. part C of House Report 109–603. amendment. I understand there are In Elaine Sullivan’s memory and Mr. CUELLAR. Mr. Chairman, I offer some technical adjustments that your honor, I introduced H.R. 2560 so that in an amendment. staff and our staff talked about that we The CHAIRMAN. The Clerk will des- the future phone calls to loved ones will work on. ignate the amendment. Mr. CUELLAR. And I will work with will always be made. This amendment, The text of the amendment is as fol- your staff in conference committee to Mr. Chairman, which includes a provi- lows: sion of H.R. 2560, is a modest step to address those technical points. I am in Amendment No. 4 printed in House Report ensure that this situation doesn’t hap- agreement with that. I believe my staff 109–603 offered by Mr. CUELLAR: pen again. In section 330M(d) of the Public Health has been working with your staff. Let me be clear. Most hospitals no- Service Act, as added by section 104 of the Mrs. JOHNSON of Connecticut. With tify the next of kin of unconscious Bill, strike ‘‘or’’ at the end of paragraph (1), that understanding, I am pleased to emergency room arrivals relatively strike the period at the end of paragraph (2) support the gentleman’s amendment. quickly. However, emergency rooms and insert ‘‘; or’’, and add at the end the fol- Mr. CUELLAR. I thank the gentle- are extremely high pressure and some- lowing new paragraph: woman. times chaotic environments. In the ‘‘(3) if the project to be funded through Mr. Chairman, I yield back the bal- such a grant will emphasize the improve- hustle and bustle of the ER, despite the ance of my time. ment of access to medical care and medical The CHAIRMAN. Does any Member professionalism and the dedication of care for medically underserved populations staff, there are real risks that a simple which are geographically isolated or located claim time in opposition to the amend- phone call may or may not be able to in underserved urban areas.’’. ment? The question is on the amendment be made in a timely fashion. The CHAIRMAN. Pursuant to House offered by the gentleman from Texas Consider for a moment just one dis- Resolution 952, the gentleman from tressing but relevant scenario. Your (Mr. CUELLAR). Texas (Mr. CUELLAR) and a Member op- The amendment was agreed to. loved one is out of town on a business posed each will control 5 minutes. trip. On the way they are involved in a The Chair recognizes the gentleman b 1445 serious head-on collision, unconscious from Texas. AMENDMENT NO. 5 OFFERED BY MR. PRICE OF and unable to communicate. They are Mr. CUELLAR. Mr. Chairman, I yield GEORGIA rushed to the nearest hospital, and un- myself such time as I may consume. The CHAIRMAN. It is now in order to beknownst to you they lie comatose Mr. Chairman, my amendment to consider amendment No. 5 printed in fighting for their life miles from home. H.R. 4157 emphasizes the priority of part C of House Report 109–603. Doctors and nurses work feverishly to funding grants which would improve Mr. PRICE of Georgia. Mr. Chairman, provide emergency medical care to a access, coordination, and the provision I offer an amendment. patient who is only the name on a li- of health care to the uninsured, under- The CHAIRMAN. The Clerk will des- cense, but to you they are the love of insured, and medically underserved ignate the amendment. your life. areas in both rural and urban areas in The text of the amendment is as fol- If your electronic health records con- the State and in the country. lows: tained emergency contact or next-of- This amendment will add priority an- Amendment No. 5 offered by Mr. PRICE of kin information, this could help hos- tiquated health system grant proposals Georgia:

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.062 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H5998 CONGRESSIONAL RECORD — HOUSE July 27, 2006 Add at the end of title II the following new misleading, and worse, incorrect, So I welcome this study, and I thank section: thereby having the possible outcome of Mr. PRICE for his contribution. SEC. 206. REPORT ON APPROPRIATENESS OF harming the treatment of future pa- Mr. Chairman, I yield back the bal- CLASSIFICATION METHODOLOGIES tients. ance of my time. AND CODES FOR ADDITIONAL PUR- POSES. Consequently, my amendment calls Mr. PRICE of Georgia. Mr. Chairman, Not later than the date that is 180 days for a report from the Secretary of I yield myself such time as I may con- after the date of the enactment of this Act, Health and Human Services to Con- sume. the Secretary of Health and Human Services gress that would determine the appli- I appreciate those comments, and I shall submit to Congress a report that evalu- cability, usefulness, accuracy and com- would agree, I think it is important ates— pleteness of the use of these codes. that we move forward with a more spe- (1) the applicability of health care classi- It also asks for information on the cific ICD coding system. ICD 10 will do fication methodologies and codes for pur- capacity of the use of these codes to that, and hopefully it will be adopted poses beyond the coding of services for diag- produce erroneous or misleading infor- in a timely fashion. nostic documentation or billing purposes; mation. This report will be back prior to the (2) the usefulness, accuracy, and complete- installation of those new codes, and so ness of such methodologies and codes for Science relies on the accuracy of in- such purposes; and formation in order to make correct I look forward to seeing the results of (3) the capacity of such methodologies and judgments, determinations and deci- this report and hopefully making some codes to produce erroneous or misleading in- sions on how one should proceed. We recommendation at that time, and urge formation, with respect to such purposes. here in Congress should do no less. my colleagues to support this amend- The CHAIRMAN. Pursuant to House The consequences of our decisions ment. Resolution 952, the gentleman from can be significant, and it is imperative Mr. Chairman, I yield back the bal- Georgia (Mr. PRICE) and a Member op- that we have accurate data upon which ance of my time. posed each will control 5 minutes. to make those decisions. The informa- The CHAIRMAN. The question is on The Chair recognizes the gentleman tion that will result from this amend- the amendment offered by the gen- from Georgia. ment will allow us to make those deci- tleman from Georgia (Mr. PRICE). The amendment was agreed to. Mr. PRICE of Georgia. Mr. Chairman, sions with greater confidence in their I yield myself such time as I may con- benefit to our constituents. AMENDMENT NO. 6 OFFERED BY MISS MCMORRIS The CHAIRMAN. It is now in order to sume. I ask my colleagues for their support consider amendment No. 6 printed in (Mr. PRICE of Georgia asked and was in assisting us in gaining greater in- part C of House Report 109–603. given permission to revise and extend sight into this important matter. I ask Miss MCMORRIS. Mr. Chairman, I his remarks.) for their support on this amendment. Mr. Chairman, I reserve the balance offer an amendment. Mr. PRICE of Georgia. Mr. Chairman, The CHAIRMAN. The Clerk will des- I rise to thank both the chairman of of my time. The CHAIRMAN. Does any Member ignate the amendment. the committee and Chairman DREIER claim the time in opposition to the The text of the amendment is as fol- and the Rules Committee members. lows: As a physician, I know the impor- amendment? Mrs. JOHNSON of Connecticut. Yes, I Amendment No. 6 offered by Miss tance of having appropriate informa- claim time in opposition to the amend- MCMORRIS: tion available in order to make quality At the end of title IV, insert the following ment. Although I do not oppose the health care decisions, and I am cau- new section: amendment, I would like to comment. tiously optimistic about the prospects SEC. 409. PROMOTING HEALTH INFORMATION The CHAIRMAN. Without objection, in that portion of the bill. TECHNOLOGY AS A TOOL FOR the gentlewoman from Connecticut CHRONIC DISEASE MANAGEMENT. My amendment addresses section 203, will control the time. (a) IN GENERAL.—The Secretary of Health the area of the bill that seeks to up- There was no objection. and Human Services shall establish a two- grade the ICD codes. Mrs. JOHNSON of Connecticut. Mr. year project to demonstrate the impact of ICD, or international classification of Chairman, I yield myself such time as health information technology on disease diseases, codes are diagnostic codes, se- I may consume. management for individuals entitled to med- ries of letters and numbers that iden- I would like to comment on the ical assistance under a State plan under title tify with some specificity the various XIX of the Social Security Act. amendment. Mr. PRICE has been a very (b) STRUCTURE OF PROJECT.—The project diseases or conditions for which a pa- active and fine mind as we developed under subsection (a) shall— tient is being treated. this bill, and I welcome his amend- (1) create a web-based virtual case manage- ICD codes can be very useful in ment. ment tool that provides access to best prac- tracking various patients with similar I do think we need to evaluate new tices for managing chronic disease; and conditions. They may be helpful in re- methodologies and procedures very (2) provide chronic disease patients and search that may aid in the future carefully; and as a physician, he brings caregivers access to their own medical treatment of patients with the same to this issue a lot of information and a records and to a single source of information on chronic disease. disease. lot of concern about both advances and (c) COMPETITION.—Not later than the date ICD codes are diagnostic codes. They also problems that could develop. that is 90 days after the date of the enact- were intended to be used to identify as I will say one of the strengths of the ment of this Act, the Secretary of Health accurately as possible the diagnosis bill that has not been talked about on and Human Services shall seek proposals that a particular patient has. the floor here today is that it does from States to carry out the project under ICD codes were not designed to be move us to the ICD 10 system from the subsection (a). The Secretary shall select not used for anything beyond documenta- ICD 9 system, and that will give us a less than four of such proposals submitted, tion of a diagnosis. great deal more ability to look at qual- and at least one proposal selected shall include a regional approach that features ac- However, they are being used, in ity, to judge quality, to pay for qual- cess to an integrated hospital information combination with other codes, particu- ity, to analyze actually what series of system in at least two adjoining States and larly CPT or billing codes, to evaluate symptoms responded best to precisely that permits the measurement of health out- various kinds of treatment and wheth- what treatment approach. comes. er that treatment is appropriate or ef- But there are also shoals in every (d) REPORT.—Not later than the date that ficient or of quality. water, and I think your study is very is 90 days after the last day of the project There are many people who are pro- appropriate. The ICD 10 system is now under subsection (a), the Secretary of Health viding health care for our citizens, who not only more glandular, but we also and Human Services shall submit to Con- gress a report on such project and shall in- are taking care of our families, who think it will help us to reduce fraud clude in such report the amount of any cost- have significant reservations regarding and abuse. But no matter how many savings resulting from the project and such the use of those codes for purposes for positive things we think it will con- recommendations for legislation or adminis- which they were never designed. tribute, it is also wise to know and trative action as the Secretary determines It is possible that the use of these watch for and evaluate whether or not appropriate. codes for other needs may, in fact, re- it is creating problems that we did not The CHAIRMAN. Pursuant to House sult in conclusions that are at best anticipate. Resolution 952, the gentlewoman from

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JY7.024 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H5999 Washington (Miss MCMORRIS) and a The cost incurred from correcting and on one aspect of it where it could real- Member opposed each will control 5 treating medication-related errors oc- ly reduce the costs and improve the minutes. curring in hospitals, not counting doc- quality of care, helping a specific class The Chair recognizes the gentle- tors’ offices and other facilities, was of patients get the best information woman from Washington. projected to be at least $3.5 billion an- possible for the best disease manage- Miss MCMORRIS. Mr. Chairman, I nually. These staggering numbers can ment possible. yield myself as much time as I may and should change. All across the world, information is consume. The United States spends more than being developed even as we sit here on I rise to offer the McMorris-Smith 21⁄2 times any other country on health how to better deal with all kinds of dif- MAP IT amendment, the Medicaid Ac- care. We need to ensure that we are ferent diseases. But how do we make cess Project through Information Tech- maximizing our resources and getting a sure that both patients and providers nology proposal. This amendment is high return on our investment. A study have real-time access to that best in- supported by the Healthcare Informa- published in August of 2005 by the In- formation and employ it? That is what tion and Management Systems, the So- stitute for Public Policy and Economic this amendment aims to do. For diabe- ciety Information Technology Industry Analysis at Eastern Washington Uni- tes patients with Medicaid, it can give Council, the American Health Informa- versity found that for every dollar us a real case example of how we can tion Management Association, the spent on a technology-enabled disease save money and improve the quality of American Hospital Association, the management program, it provided up care for these patients. Federation of American Hospitals, the to $10 in medical savings and even I think there is unbelievable poten- American Medical Association, and the more in terms of nonmedical cost sav- tial if we have the best information U.S. Chamber of Commerce. ings. At a time when most States are possible. Too often now patients do not The McMorris-Smith amendment and facing increased taxes or cutting Med- know what the best care is. Too often the underlying bill will help fulfill icaid benefits, increasing outcomes and providers do not even know at the mo- President Bush’s goal of most Ameri- cutting costs is a win-win situation. ment what the best care is; and as a cans having an electronic health record The McMorris-Smith amendment consequence, they do not get it and the by the year 2014. would allow us to more fully study the patients do not receive it. Health care I am pleased to offer this bipartisan cost savings and patient benefits of uti- quality goes down and costs go up, as amendment which strengthens the lizing health information technology procedures are either repeated or the Health Information Technology Pro- within one of Medicaid’s most costly wrong procedures are done. motion Act and its goal of encouraging populations, chronic disease sufferers. This amendment gives us a great op- the adoption of health information Any piece of comprehensive health in- portunity to do an isolated case study technology into our health care sys- formation technology legislation must on how to make this work in disease tem. As I have traveled throughout help address the cost and care of this management to improve the quality of eastern Washington, I have seen the population that consumes 80 percent of care and get costs under control. need for health information technology the Medicaid resources, yet that is just Mr. Chairman, I reserve the balance and the potential that it has not just 20 percent of the Medicaid population. of my time. to improve health care delivery but We can address this issue. This Miss MCMORRIS. Mr. Chairman, I also save costs. amendment takes savings and quality yield 30 seconds to the gentleman from Information technology has the theories and provides a vehicle for Pennsylvania (Mr. MURPHY), my friend. power to revolutionize the delivery of practical application now. Mr. MURPHY. Mr. Chairman, I thank health care. This bill is a first step to- Thank you for your consideration. I the gentlewoman for putting this im- ward encouraging the utilization of urge Members to adopt the McMorris- portant amendment in. health IT on a national level, and I ap- Smith amendment and support the un- Previously, it has been cited that the plaud the efforts of Chairman DEAL and derlying bill. CBO report did not show a savings. Let Chairman JOHNSON for leading this ef- Mr. Chairman, I reserve the balance me mention three things that chronic fort. of my time. care management does. 300,000 asth- This bill represents collaboration be- The CHAIRMAN. Who claims time in matic children were studied with tween health care providers, payers, opposition to the amendment? chronic care and found that lowered re- patient advocates and the IT commu- Mr. SMITH of Washington. Mr. hospitalization by 34 percent. Univer- nity and will pave the way for better Chairman, I am not in opposition to sity of Pittsburgh Medical Center re- access to quality health care for Amer- the amendment, but I would claim the duced rehospitalization of diabetics by icans. time unless somebody is. 75 percent. Washington Hospital, Wash- As we move forward to set these new The CHAIRMAN. Without objection, ington, PA, reduced rehospitalization standards in place, it is crucial that we the gentleman from Washington will of chronic heart disease by 50 percent. take steps to include health informa- control the time in opposition. I suggest the CBO look at how election technology in government-funded There was no objection. tronic medical records can save money health programs like Medicare and Mr. SMITH of Washington. Mr. in this. Medicaid. Health information tech- Chairman, I yield to myself as much I have listed a lot of these things in nology will increase effectiveness, effi- time as I may consume. a report entitled, ‘‘Critical Condition, ciency, overall quality, and promote I want to thank Representative the State of the Union’s Health Care,’’ cost savings in the long run. MCMORRIS for her leadership on this bi- which I have available at my Web site; This amendment strengthens the un- partisan issue. and I urge my colleagues to look at derlying bill by incorporating a Web- This amendment really gets at the that, and I urge the CBO to read it as based tool to manage chronic disease heart of why health care information well. They might learn something. populations within Medicaid. This pro- technology is important in the first Mr. SMITH of Washington. Mr. vision will allow for the creation of a place, and there are really two big rea- Chairman, I yield 1 minute to the gen- virtual case management program that sons. Number one, it can significantly tlewoman from Illinois (Ms. BEAN). provides patients and providers access improve the quality of care for pa- Ms. BEAN. Mr. Chairman, I rise in to a real-time electronic medical tients; and, number two, it can signifi- strong support of this Smith-McMorris record. We need to seriously study the cantly reduce health care inflation. amendment to establish a 2-year health effects of using health IT to better Right now, if you want to do anything IT demonstration project for Medicaid serve patients and taxpayers. to improve the quality of health care patients with chronic diseases. Modest estimates show that medical in this country getting inflation under This bill is a step in the right direc- errors cause around 400,000 avoidable control is job one so that people can tion, but the Smith-McMorris amend- injuries and fatalities annually and access that. ment would actually speed the imple- more than 800,000 in elderly care cen- That is what health care information mentation of health IT in a crucial and ters and over a half a million befall technology has the promise to do; and tangible way. It will not only improve Medicare patients in outpatient care. this amendment, in particular, focuses efficiency and quality, but will also

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.070 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H6000 CONGRESSIONAL RECORD — HOUSE July 27, 2006 help control the growing costs for Med- The CHAIRMAN. The gentlewoman [Roll No. 414] 3 icaid patients with chronic health con- has 1 ⁄4 minutes remaining. AYES—417 ditions. Miss MCMORRIS. Mr. Chairman, I Mr. Chairman, these patients often Abercrombie Delahunt Jones (OH) yield 1 minute to my good friend from Ackerman DeLauro Kanjorski have complex medical conditions, rely- Georgia (Mr. GINGREY). Aderholt Dent Kaptur ing on multiple doctors and numerous Mr. GINGREY. Mr. Chairman, I am Akin Diaz-Balart, L. Keller medications. very happy to rise in support of the Alexander Diaz-Balart, M. Kelly This amendment would put patients Allen Dicks Kennedy (MN) amendment of the gentlewoman from Andrews Dingell Kennedy (RI) in better control of their medical infor- Washington. A little disappointed my Baca Doggett Kildee mation, provide improved access and own great amendments were not made Bachus Doolittle Kilpatrick (MI) more information for caregivers, and in order but very happy to support Baird Doyle Kind create a Web-based resource to pro- Baker Drake King (IA) hers. Baldwin Dreier King (NY) mote best practices for chronic care As a physician, having practiced 30 Barrett (SC) Duncan Kingston management. years of clinical medicine, there is no Barrow Edwards Kirk Mr. Chairman, the need for health IT question that the cost of chronic dis- Bartlett (MD) Ehlers Kline is well established and will both save Barton (TX) Emanuel Knollenberg ease management is the most costly, Bass Emerson Kolbe lives and billions of dollars. This body and particularly under Medicaid. I Bean Engel Kucinich talks often about the need to improve think the gentlewoman has the exact Beauprez English (PA) Kuhl (NY) quality of care and reduce inefficient right idea, to be able to monitor this Becerra Eshoo LaHood Berkley Etheridge Langevin spending under Medicaid. The Smith- information on a real-time basis so Berman Farr Lantos McMorris amendment promises us an that physicians know exactly what Berry Fattah Larsen (WA) opportunity to move beyond rhetoric they are spending and what is cost ef- Biggert Feeney Larson (CT) and actually better care and more re- Bilbray Ferguson Latham fective. Bilirakis Filner LaTourette sponsible return on our tax dollars. I was very happy as a member of the Bishop (GA) Fitzpatrick (PA) Leach b 1500 Rules Committee to recommend her Bishop (NY) Flake Lee amendment be made in order. Thank Bishop (UT) Foley Levin Blackburn Forbes Lewis (CA) Mr. SMITH of Washington. Mr. goodness it was, and I proudly stand Chairman, may I inquire how much Blumenauer Ford Lewis (KY) here today to recommend this amend- Blunt Fortenberry Linder time I have left. ment to all of my colleagues on both Boehlert Foxx Lipinski The CHAIRMAN. The gentleman has sides of the aisle. I commend her for Boehner Frank (MA) LoBiondo 21⁄2 minutes remaining. Bonilla Franks (AZ) Lofgren, Zoe Mr. SMITH of Washington. Mr. the good job she has done. Bonner Frelinghuysen Lowey Miss MCMORRIS. Mr. Chairman, I Bono Gallegly Lucas Chairman, I yield myself 15 seconds to yield to the great chairman of the sub- Boozman Garrett (NJ) Lungren, Daniel close and to once again thank Rep- committee who, without her support, Boren Gerlach E. resentative MCMORRIS and to point out Boswell Gibbons Lynch we would not be having this amend- how important chronic disease man- Boucher Gilchrest Mack ment before us today. Boustany Gillmor Maloney agement is in saving money. This is an Mrs. JOHNSON of Connecticut. Mr. Boyd Gingrey Manzullo outstanding opportunity for us to use Bradley (NH) Gohmert Marchant Chairman, I rise in strong support of technology to do that, and I urge adop- Brady (PA) Gonzalez Markey this amendment. First of all, of all the Brady (TX) Goode Marshall tion of the amendment. Brown (OH) Goodlatte Matheson Mr. Chairman, I yield the balance of systems in America that really need this kind of attention, it is our Med- Brown (SC) Gordon Matsui my time to Representative MCMORRIS. Brown, Corrine Granger McCarthy Miss MCMORRIS. Mr. Chairman, I icaid system because they deal mostly Brown-Waite, Graves McCaul (TX) yield my good friend from South Caro- with elderly and poor whose health has Ginny Green (WI) McCollum (MN) long been neglected. Burgess Green, Al McCotter lina (Mr. WILSON) 1 minute. Burton (IN) Green, Gene McCrery Mr. WILSON of South Carolina. I So I know this is going to give us a Butterfield Grijalva McDermott want to congratulate Congresswoman lot of very good insight and informa- Buyer Gutierrez McGovern Calvert Gutknecht McHenry MCMORRIS on her leadership with Con- tion into how we can both improve the quality and reduce the cost of care in Camp (MI) Hall McHugh gressman SMITH on this issue. Campbell (CA) Harman McIntyre As a person who has a son who is a our Medicaid system, and I congratu- Cannon Harris McKeon doctor in California, I am very grateful late the gentlewoman and her cospon- Cantor Hart McMorris sors for bringing this before us today. Capito Hastings (FL) McNulty to be here and support the amendment, Capps Hastings (WA) Meehan which will create a Web-based virtual Miss MCMORRIS. Mr. Chairman. I Capuano Hayes Meek (FL) case management tool that provides yield back the balance of my time. Cardin Hayworth Meeks (NY) access to the best practices for man- The CHAIRMAN. The question is on Cardoza Hefley Melancon the amendment offered by the gentle- Carnahan Hensarling Mica aging chronic disease. Carson Herger Michaud Additionally, this amendment would woman from Washington (Miss Carter Herseth Miller (FL) provide for chronic disease patients MCMORRIS). Case Higgins Miller (MI) The amendment was agreed to. Castle Hinchey Miller (NC) and caregivers to have access to their Chabot Hinojosa Miller, Gary AMENDMENT NO. 2 OFFERED BY MR. TOWNS own medical records and to a single Chandler Hobson Miller, George source of information on chronic dis- The CHAIRMAN. Pursuant to clause Chocola Hoekstra Mollohan ease. 6 of rule XVIII, the pending business is Clay Holden Moore (KS) the demand for a recorded vote on the Cleaver Honda Moore (WI) Further, it directs the Secretary to Coble Hooley Moran (KS) select at least four proposals from amendment offered by the gentleman Cole (OK) Hostettler Moran (VA) those submitted by States and at least from New York (Mr. TOWNS) on which Conaway Hoyer Murphy one proposal selected to include a re- further proceedings were postponed and Conyers Hulshof Murtha Cooper Hunter Musgrave gional approach featuring access to an on which the ayes prevailed by voice Costa Hyde Myrick integrated hospital information system vote. Costello Inglis (SC) Nadler in at least two adjoining States that The Clerk will redesignate the Cramer Inslee Napolitano amendment. Crenshaw Israel Neal (MA) permits the measurement of outcomes. Cuellar Issa Neugebauer I know personally that our family The Clerk redesignated the amend- Culberson Jackson (IL) Ney has benefited from the best of health ment. Cummings Jackson-Lee Northup care. One of our sons has been a cancer RECORDED VOTE Davis (AL) (TX) Norwood Davis (CA) Jefferson Nunes survivor. And I just want to congratu- The CHAIRMAN. A recorded vote has Davis (FL) Jenkins Nussle late, again, Congresswoman MCMORRIS been demanded. Davis (IL) Jindal Oberstar on her leadership; and I urge adoption A recorded vote was ordered. Davis (KY) Johnson (CT) Obey of the amendment. The vote was taken by electronic de- Davis (TN) Johnson (IL) Olver Davis, Tom Johnson, E. B. Ortiz Miss MCMORRIS. Mr. Chairman, may vice, and there were—ayes 417, noes 1, DeFazio Johnson, Sam Osborne I inquire as to how much time remains. not voting 14, as follows: DeGette Jones (NC) Otter

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.071 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H6001 Owens Ryan (WI) Tanner The SPEAKER pro tempore. The (4) The protections must provide any indi- Oxley Ryun (KS) Tauscher question is on the engrossment and vidual a right to obtain damages and other Pallone Sabo Taylor (MS) relief against any entity for the entity’s im- Pascrell Salazar third reading of the bill. Taylor (NC) proper use or disclosure of individually iden- Pastor Sa´ nchez, Linda Terry The bill was ordered to be engrossed tifiable health information. Payne T. Thomas and read a third time, and was read the (5) The protections must require the use of Pearce Sanchez, Loretta Thompson (CA) third time. Pelosi Sanders Thompson (MS) reasonable safeguards, including audit capa- Pence Saxton Thornberry MOTION TO RECOMMIT OFFERED BY MR. bilities, encryption and other technologies Peterson (MN) Schakowsky Tiahrt DOGGETT that make data unusable to unauthorized Peterson (PA) Schiff Tiberi Mr. DOGGETT. Mr. Speaker, I have a persons, and other measures, against the Petri Schmidt Tierney motion to recommit at the desk. risk of loss or unauthorized access, destruc- Pickering Schwartz (PA) Towns Pitts Schwarz (MI) The SPEAKER pro tempore. Is the tion, use, modification, or disclosure of indi- Turner gentlemen opposed to the bill? vidually identifiable health information. Platts Scott (GA) Udall (CO) Poe Scott (VA) Udall (NM) Mr. DOGGETT. I certainly am, Mr. (6) The protections must provide for notifi- Pombo Sensenbrenner Upton Speaker. cation to any individual whose individually Pomeroy Serrano Van Hollen The SPEAKER pro tempore. The identifiable health information has been Porter Sessions Vela´ zquez lost, stolen, or used for an unauthorized pur- Price (GA) Shadegg Clerk will report the motion to recom- Visclosky pose by the entity responsible for the infor- Price (NC) Shaw mit. Pryce (OH) Shays Walden (OR) The Clerk read as follows: mation and notification by the entity to the Walsh Secretary. Putnam Sherman Mr. Doggett moves to recommit the bill Radanovich Sherwood Wamp (b) LIST OF ENTITIES.—The Secretary shall Wasserman H.R. 4157 to the Committees on Energy and Rahall Shimkus maintain a public list identifying entities Schultz Commerce and Ways and Means with in- Ramstad Shuster whose health information has been lost, sto- Waters structions to report the same back to the Rangel Simmons len, or used in an unauthorized purpose as Regula Simpson Watson House forthwith with the following amend- described in subsection (a)(6) and how many Rehberg Skelton Watt ment: Reichert Slaughter Waxman Amend section 205 to read as follows: patients were affected by such action. Weiner Renzi Smith (NJ) SEC. 205. PRIVACY AND SECURITY PROTECTIONS. (c) CONSTRUCTION.—Nothing in this section Reyes Smith (TX) Weldon (FL) (a) IN GENERAL.—The Secretary of Health shall be construed as superseding, altering, Reynolds Smith (WA) Weldon (PA) and Human Services shall provide for stand- or affecting (in whole or in part) any statute, Rogers (AL) Snyder Weller regulation, order, or interpretation in effect Westmoreland ards for health information technology (as Rogers (KY) Sodrel in any State that affords any person privacy Rogers (MI) Solis Whitfield such term is used in this Act) that include Rohrabacher Souder Wicker the following privacy and security protec- and security protections greater than that Ros-Lehtinen Spratt Wilson (NM) tions: the privacy and security protections de- Ross Stark Wilson (SC) (1) Except as provided in succeeding para- scribed in subsection (a), as determined by Rothman Stearns Wolf graphs, each entity must— the Secretary. Roybal-Allard Strickland Woolsey (A) expressly recognize the individual’s Royce Stupak Wu Mr. DOGGETT (during the reading). Ruppersberger Sullivan Wynn right to privacy and security with respect to Mr. Speaker, I ask unanimous consent Rush Sweeney Young (AK) the electronic disclosure of such informa- that the motion to recommit be consid- Ryan (OH) Tancredo Young (FL) tion; (B) permit individuals to exercise their ered as read and printed in the RECORD. NOES—1 right to privacy and security in the elec- The SPEAKER pro tempore. Is there Paul tronic disclosure of such information to an- objection to the request of the gen- NOT VOTING—14 other entity by obtaining the individual’s tleman from Texas? written or electronic informed consent, There was no objection. Clyburn Evans Lewis (GA) which consent may authorize multiple dis- Crowley Everett McKinney The SPEAKER pro tempore. The gen- closures; and Cubin Fossella Millender- tleman is recognized for 5 minutes. (C) permit an individual to prohibit access Davis, Jo Ann Holt McDonald Mr. DOGGETT. Mr. Speaker, this is Deal (GA) Istook Wexler to certain categories of individuals (as defined by the Secretary) of particularly sen- an important motion for a modest bill. sitive information, including data relating It leaves this bill with an opportunity b 1529 to infection with the human immuno- to move forward today with just one Messrs. WELDON of Florida, deficiency virus (HIV), to mental health, to important change, and that is the addi- CUMMINGS, and INSLEE changed sexually transmitted diseases, to reproduc- tion of vital personal privacy protec- their vote from ‘‘no’’ to ‘‘aye.’’ tive health, to domestic violence, to sub- tion of what should be genuinely per- So the amendment was agreed to. stance abuse treatment, to genetic testing or sonal medical records. information, to diabetes, and other informa- The result of the vote was announced tion as defined by the Secretary after con- In my youth, there was a popular as above recorded. sent has been provided under subparagraph song called ‘‘I Heard it Through the The CHAIRMAN. Under the rule, the (B). Grapevine.’’ These days, it’s ‘‘I saw it Committee rises. (2) Informed consent may be inferred, in on the Internet.’’ In this busy world of Accordingly, the Committee rose; the absence of a contrary indication by the busy bodies and identity theft and and the Speaker pro tempore (Mr. individual— commercial snooping, I believe what a FEENEY) having assumed the chair, Mr. (A) to the extent necessary to provide patient confides to a physician about treatment and obtain payment for health SIMPSON, Chairman of the Committee an ailment, what a young couple tells a care in emergency situations; of the Whole House on the State of the (B) to the extent necessary to provide psychologist about their marriage, Union, reported that that Committee, treatment and payment where the health what prescription a pharmacist pro- having had under consideration the bill care provider is required by law to treat the vides, that highly personal information (H.R. 4157) to amend the Social Secu- individual; should not be spread and read on the rity Act to encourage the dissemina- (C) if the health care provider is unable to Internet. tion, security, confidentiality, and use- obtain consent due to substantial barriers to The consequences of unwanted disclo- fulness of health information tech- communicating with the individual and the sure of personal health information is nology, pursuant to House Resolution provider reasonably infers from the cir- more than embarrassment or humilia- cumstances, based upon the exercise of pro- 952, he reported the bill, as amended fessional judgment, that the individual does tion. It may mean the loss of a job or pursuant to that rule, back to the not object to the disclosure or that the dis- a promotion. It may mean that an indi- House with further sundry amend- closure is in the best interest of the individual refuses to confide necessary in- ments adopted by the Committee of the vidual; and formation to their doctor or avoids Whole. (D) to the extent that the information is health care and critical medical tests The SPEAKER pro tempore. Under necessary to carry out or otherwise imple- because of fear that the information the rule, the previous question is or- ment a medical practitioner’s order or pre- will be disclosed without her consent. dered. scription for health services, medical devices This Administration has shown little or supplies, or pharmaceuticals. Is a separate vote demanded on any (3) The protections must prohibit the im- interest in personal privacy, whether it amendment? If not, the Chair will put proper use and disclosure of individually was the privacy of library records or them en gros. identifiable health information by any enti- phone conversations or veterans’ The amendments were agreed to. ty. records.

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JY7.026 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H6002 CONGRESSIONAL RECORD — HOUSE July 27, 2006 The Federal Government scored a D- Human Services. This year TOM DAVIS, Mr. KENNEDY of Rhode Island. Mr. plus on the 2005 Computer Security Re- the Government Reform Committee, Speaker, will the gentleman yield? port Card, with the Departments of gave a grade to all agencies in the pro- Mr. BARTON of Texas. I yield to the Health and Human Services, Veterans tection of privacy. Do you know what gentleman from Rhode Island. Affairs, and Homeland Security scoring grade TOM DAVIS and your Government Mr. KENNEDY of Rhode Island. Com- an F. And the Administration’s record Reform Committee gave to the Depart- panies that are in the business of stor- on health care privacy is even worse. ment of Health and Human Services? ing patient health information online As the Post disclosed last month, there An F. Now, that is Medicare and Med- are not covered under HIPAA. Are not have been 19,420 complaints during the icaid. That is one quarter of all Ameri- covered under HIPAA. Bush Administration about privacy cans. Now we are taking all private Mr. BARTON of Texas. Mr. Speaker, violations. There have, during this Ad- citizens as well and the Republicans reclaiming my time, they are covered ministration, been almost 20,000 com- are saying ‘‘trust the Department of under adequate laws, and HIPAA is the plaints about invasions of privacy with Health and Human Services.’’ medical privacy law. medical records, and all of that has not What our motion to recommit says is Please vote against the motion to re- resulted in a single civil fine anywhere that every American has the right to commit. in this country under the protections say that their children’s medical Mr. Speaker, I yield the balance of that are available there, and only two records do not have to be put online; my time to the subcommittee chair- criminal cases out of that 20,000. that everyone does not have to know man from the Ways and Means Com- This is not an adequate performance, about it; that they have a right to say mittee, who has worked so tirelessly on and that is why Dr. Deborah Peel, one no, they don’t want those records on- this bill, Mrs. JOHNSON of Connecticut. of my Texas neighbors, and a host of line; that each family can make that Mrs. JOHNSON of Connecticut. Mr. professional and public health organi- decision for themselves. Speaker, remember, adoption of HIPAA zations have urged us to adopt mean- Vote ‘‘aye’’ on the Doggett motion to was a multi-year process, very con- ingful privacy protections in this bill. recommit. troversial, very difficult, 50,000 com- Mr. Speaker, I yield 1 minute to the Mr. BARTON of Texas. Mr. Speaker, ments just on the regulations. gentleman from Rhode Island (Mr. I rise in opposition to the motion to re- The SPEAKER pro tempore. The gen- KENNEDY), who has been such an advo- commit. tlewoman will suspend. cate on this. The SPEAKER pro tempore. The gen- In debate on a motion to recommit, Mr. KENNEDY of Rhode Island. Mr. tleman from Texas is recognized for 5 time is not controlled. Therefore, al- Speaker, I want to ask a few questions minutes. though the gentleman may yield as he to my colleagues about this privacy Mr. BARTON of Texas. Mr. Speaker, pleases, he must remain on his feet. law. I want to compliment my good friends Mr. BARTON of Texas. I know the Do you think it should be a violation who have spoken on this motion to re- rules. I’m supposed to be standing up. I of Federal health privacy law to be commit. I know all three of the gentle- apologize. able to hack into an electronic data- men, and they are fine fellows and fine Mrs. JOHNSON of Connecticut. My base for health information? I think it public servants and believe passion- legislation explicitly does not change should be against the law. But it is not ately in what they speak of. If I were a HIPAA. against the law. doctor on this debate, I believe I would The behavior described of hacking in If a hospital employee accesses your have to recommend they take a Valium and revealing what would be under health record, for example, for a fa- and just calm down. We do not get this HIPAA is a fine of $250,000 and 10 years mous movie star and sells it to a tab- fixed if there is a problem. in jail. So HIPAA is there. It protects loid, do you think that is wrong? Well, Whatever the law is today on medical our privacy. that is not against the law now. If you record privacy, the law is going to be What this bill does is to put in place can allow a hospital information to be tomorrow on medical record privacy. a study to look at what has happened accessible through an information net- Nothing in this bill changes that. This in the States, what has happened be- work, this is now permissible. is a health information technology bill. tween State law and Federal law, to All of these things are permissible We are actually trying to get medical look and see if there are things that under the HIPAA law. And if you do records in our country, the greatest need to be done to create greater com- not like that, you are going to hate Nation the world has ever known, to monality amongst all these laws so what this bill does to HIPAA, which is use technology that many other indus- that the nationwide interoperable going to magnify it 100 times. There is tries and many other groups have al- health information system will protect going to be no protection for privacy ready incorporated into their daily health information to the current or a whatsoever. business routine. higher standard. So in the bill it has to And that is why I ask all of you to Now, there is an ongoing study at be to a higher standard. But we main- join us in the motion to recommit. HHS on privacy. They have received tain current law. There is absolute pro- Your constituents will thank you for it over 50,000 public comments so far. tection. if you vote for the motion to recommit. This bill before us, if it becomes law, And, remember, this specific ap- Mr. DOGGETT. Mr. Speaker, I thank has an implementation period. There is proach was rejected by Donna Shalala the gentleman, and I yield the balance going to be adequate time to come and President Clinton; so do not take of my time to the gentleman from Mas- back, if we need to, with a specific this vote lightly, folks. What you are sachusetts (Mr. MARKEY), who has led medical technology privacy bill. voting for is a radical change in a law the way on privacy issues across this In past Congresses, Mr. MARKEY and I that is terribly important to all of us country. have been co-chairmen of the Privacy and we maintain in this bill. Mr. MARKEY. Mr. Speaker, I thank Caucus in the House, along with Sen- Mr. BARTON of Texas. Mr. Speaker, the gentleman from Texas for his lead- ator SHELBY and Senator DODD in the I yield back the balance of my time. ership on this issue. Senate. I am as strong an advocate of The SPEAKER pro tempore. Without There is no privacy protection in this protecting personal privacy as anybody objection, the previous question is or- bill. We are about to move to an era in this body. I would say Mr. MARKEY dered on the motion to recommit. where all of your drug records, all of and others share the passion just as There was no objection. your psychiatric records, all of your strongly as I do. The SPEAKER pro tempore. The children’s medical records are going The bill before us today is not a pri- question is on the motion to recommit. online. William Butler Yeats, the great vacy bill. This motion to recommit is a The question was taken; and the Irish poet, said that in dreams begin privacy amendment. We should reject Speaker pro tempore announced that responsibility. We have a responsibility it and then move the underlying bill. the noes appeared to have it. to have privacy protections built into And if and when we need to address RECORDED VOTE this bill. medical privacy as a stand-alone issue, Mr. DOGGETT. Mr. Speaker, I de- What do the Republicans say? They there will be adequate time and ade- mand a recorded vote. say trust the Department of Health and quate resources devoted to that. A recorded vote was ordered.

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.078 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H6003 The SPEAKER pro tempore. Pursu- Chabot Jenkins Porter [Roll No. 416] ant to clause 8 and clause 9 of rule XX, Chocola Jindal Price (GA) Coble Johnson (CT) Pryce (OH) AYES—270 this 15-minute vote on the motion to Cole (OK) Johnson (IL) Putnam Aderholt Gibbons Ney recommit will be followed by 5-minute Conaway Johnson, Sam Radanovich Akin Gilchrest Northup votes on passage of H.R. 4157, if or- Cooper Keller Ramstad Alexander Gillmor Norwood Crenshaw Kelly dered, and the motion to instruct on Regula Allen Gohmert Nunes Culberson Kennedy (MN) Rehberg Bachus Gonzalez Nussle H.R. 2830. Davis (KY) King (IA) Reichert Baird Goode Oberstar The vote was taken by electronic de- Davis, Tom King (NY) Renzi Baker Goodlatte Ortiz Dent Kingston vice, and there were—ayes 198, noes 222, Reynolds Barrett (SC) Gordon Osborne Diaz-Balart, L. Kirk Rogers (AL) Barrow Granger Oxley not voting 12, as follows: Diaz-Balart, M. Kline Rogers (KY) Bartlett (MD) Graves Pearce Doolittle Knollenberg [Roll No. 415] Rogers (MI) Barton (TX) Green (WI) Peterson (MN) Drake Kolbe Rohrabacher Bass Gutknecht Peterson (PA) Dreier Kuhl (NY) AYES—198 Ros-Lehtinen Bean Hall Petri Duncan LaHood Abercrombie Gutierrez Olver Royce Beauprez Harman Pickering Ehlers Latham Ackerman Harman Ortiz Ryan (WI) Berkley Harris Pitts Emerson LaTourette Allen Hastings (FL) Otter Ryun (KS) Biggert Hart Platts English (PA) Leach Andrews Herseth Saxton Bilbray Hastings (WA) Poe Owens Everett Lewis (CA) Baca Higgins Schmidt Bilirakis Hayes Pombo Pallone Feeney Lewis (KY) Baird Hinchey Schwarz (MI) Bishop (GA) Hayworth Porter Pascrell Ferguson Linder Baldwin Hinojosa Sensenbrenner Bishop (UT) Hefley Price (GA) Pastor Fitzpatrick (PA) LoBiondo Barrow Holden Sessions Blackburn Hensarling Paul Flake Lucas Pryce (OH) Bean Holt Shadegg Blunt Herger Payne Foley Lungren, Daniel Putnam Becerra Honda Shaw Boehlert Herseth Pelosi Forbes E. Radanovich Berkley Hooley Shays Boehner Hinojosa Peterson (MN) Fortenberry Mack Ramstad Berman Hoyer Sherwood Bonilla Hobson Pomeroy Foxx Manzullo Regula Berry Inslee Shimkus Bonner Hoekstra Price (NC) Franks (AZ) Marchant Rehberg Bishop (GA) Israel Shuster Bono Hooley Rahall Frelinghuysen McCaul (TX) Reichert Bishop (NY) Jackson (IL) Boozman Hulshof Gallegly McCotter Simmons Renzi Blumenauer Jackson-Lee Rangel Boren Hunter Garrett (NJ) McCrery Simpson Reynolds Boren (TX) Reyes Boucher Hyde Gerlach McHenry Smith (NJ) Rogers (AL) Boswell Jefferson Ross Boustany Inglis (SC) Gibbons McHugh Smith (TX) Rogers (KY) Boucher Johnson, E. B. Rothman Boyd Inslee Gilchrest McKeon Sodrel Rogers (MI) Boyd Jones (NC) Roybal-Allard Bradley (NH) Israel Gillmor McMorris Souder Rohrabacher Brady (PA) Jones (OH) Ruppersberger Brady (TX) Issa Gingrey Mica Stearns Ros-Lehtinen Brown (OH) Kanjorski Rush Brown (SC) Jenkins Gohmert Miller (FL) Sullivan Royce Brown, Corrine Kaptur Ryan (OH) Brown-Waite, Jindal Goode Miller (MI) Sweeney Ruppersberger Butterfield Kennedy (RI) Sabo Ginny Johnson (CT) Goodlatte Miller, Gary Tancredo Ryan (WI) Capps Kildee Salazar Burgess Johnson (IL) Granger Moran (KS) Taylor (NC) Ryun (KS) Capuano Kilpatrick (MI) Sa´ nchez, Linda Burton (IN) Johnson, Sam Graves Murphy Terry Sabo Cardin Kind T. Buyer Keller Green (WI) Musgrave Thornberry Salazar Cardoza Kucinich Sanchez, Loretta Calvert Kelly Gutknecht Myrick Tiahrt Sanchez, Loretta Carnahan Langevin Sanders Camp (MI) Kennedy (MN) Hall Neugebauer Tiberi Saxton Carson Lantos Schakowsky Campbell (CA) Kind Harris Ney Turner Schmidt Case Larsen (WA) Schiff Cannon King (IA) Hart Northup Upton Schwartz (PA) Chandler Larson (CT) Schwartz (PA) Cantor King (NY) Hastings (WA) Norwood Walden (OR) Schwarz (MI) Clay Lee Scott (GA) Capito Kingston Hayes Nunes Walsh Sensenbrenner Cleaver Levin Scott (VA) Carnahan Kirk Hayworth Nussle Wamp Sessions Conyers Lipinski Carson Kline Serrano Hefley Osborne Weldon (FL) Shadegg Costa Lofgren, Zoe Carter Knollenberg Sherman Hensarling Oxley Weldon (PA) Shaw Costello Lowey Castle Kolbe Skelton Herger Pearce Weller Shays Cramer Lynch Chabot Kuhl (NY) Slaughter Hobson Pence Westmoreland Sherwood Cuellar Maloney Chocola LaHood Smith (WA) Hoekstra Peterson (PA) Whitfield Shimkus Cummings Markey Clay Larsen (WA) Snyder Hostettler Petri Wicker Shuster Davis (AL) Marshall Cleaver Latham Solis Hulshof Pickering Wilson (NM) Davis (CA) Matheson Coble LaTourette Simmons Spratt Hunter Pitts Wilson (SC) Davis (FL) Matsui Cole (OK) Leach Simpson Stark Hyde Platts Wolf Davis (IL) McCarthy Conaway Lewis (CA) Skelton Strickland Inglis (SC) Poe Young (AK) Davis (TN) McCollum (MN) Cooper Lewis (KY) Smith (NJ) Stupak Issa Pombo Young (FL) DeFazio McDermott Costa Linder Smith (TX) Tanner DeGette McGovern Cramer Lipinski Smith (WA) Tauscher NOT VOTING—12 Delahunt McIntyre Crenshaw LoBiondo Sodrel Taylor (MS) DeLauro McNulty Clyburn Deal (GA) Lewis (GA) Cuellar Lofgren, Zoe Souder Thompson (CA) Dicks Meehan Crowley Evans McKinney Culberson Lucas Stearns Thompson (MS) Dingell Meek (FL) Cubin Fossella Thomas Davis (FL) Lungren, Daniel Sullivan Doggett Meeks (NY) Tierney Davis, Jo Ann Istook Wexler Davis (KY) E. Sweeney Doyle Melancon Towns Davis (TN) Mack Tancredo Edwards Michaud Udall (CO) b 1603 Davis, Tom Manzullo Tauscher Emanuel Millender- Udall (NM) DeFazio Marchant Taylor (NC) Engel McDonald Van Hollen Mr. BOOZMAN changed his vote from Dent Marshall Terry Eshoo Miller (NC) Vela´ zquez ‘‘aye’’ to ‘‘no.’’ Diaz-Balart, L. Matheson Thompson (CA) Visclosky Diaz-Balart, M. McCarthy Thornberry Etheridge Miller, George Mr. BLUMENAUER changed his vote Farr Mollohan Wasserman Dicks McCaul (TX) Tiahrt Fattah Moore (KS) Schultz from ‘‘no’’ to ‘‘aye.’’ Doolittle McCotter Tiberi Filner Moore (WI) Waters So the motion to recommit was re- Drake McCrery Towns Ford Moran (VA) Watson jected. Dreier McHenry Turner Frank (MA) Murtha Watt Edwards McHugh Udall (CO) Gonzalez Nadler Waxman The result of the vote was announced Ehlers McKeon Upton Gordon Napolitano Weiner as above recorded. Emerson McMorris Walden (OR) Green, Al Neal (MA) Woolsey The SPEAKER pro tempore. The English (PA) Meeks (NY) Walsh Everett Melancon Weldon (FL) Green, Gene Oberstar Wu question is on the passage of the bill. Grijalva Obey Wynn Feeney Mica Weldon (PA) The question was taken; and the Ferguson Miller (FL) Weller NOES—222 Speaker pro tempore announced that Fitzpatrick (PA) Miller (MI) Westmoreland Aderholt Bishop (UT) Brown-Waite, the ayes appeared to have it. Foley Miller, Gary Whitfield Akin Blackburn Ginny Forbes Moore (KS) Wicker Alexander Blunt Burgess RECORDED VOTE Fortenberry Moran (KS) Wilson (NM) Bachus Boehlert Burton (IN) Mrs. JOHNSON of Connecticut. Mr. Foxx Moran (VA) Wilson (SC) Franks (AZ) Murphy Wolf Baker Boehner Buyer Speaker, I demand a recorded vote. Barrett (SC) Bonilla Calvert Frelinghuysen Musgrave Wu Bartlett (MD) Bonner Camp (MI) A recorded vote was ordered. Gallegly Myrick Young (AK) Barton (TX) Bono Campbell (CA) The SPEAKER pro tempore. This Gerlach Neugebauer Young (FL) Bass Boozman Cannon will be a 5-minute vote. NOES—148 Beauprez Boustany Cantor The vote was taken by electronic de- Biggert Bradley (NH) Capito Abercrombie Baca Berman Bilbray Brady (TX) Carter vice, and there were—ayes 270, noes 148, Ackerman Baldwin Berry Bilirakis Brown (SC) Castle not voting 14, as follows: Andrews Becerra Bishop (NY)

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.081 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H6004 CONGRESSIONAL RECORD — HOUSE July 27, 2006 Blumenauer Hoyer Pastor Baldwin Gutknecht Pascrell Bass Graves Norwood Boswell Jackson (IL) Paul Barrow Harman Pastor Beauprez Hall Nunes Brady (PA) Jackson-Lee Pelosi Bartlett (MD) Hart Paul Biggert Harris Osborne Brown (OH) (TX) Pomeroy Bean Hastings (FL) Pelosi Bilbray Hastings (WA) Otter Brown, Corrine Jefferson Price (NC) Becerra Herseth Peterson (MN) Bishop (UT) Hayes Oxley Butterfield Johnson, E. B. Rahall Berkley Higgins Pickering Blackburn Hayworth Pearce Capps Jones (NC) Rangel Berman Hinchey Platts Blunt Hefley Pence Capuano Jones (OH) Reyes Berry Hinojosa Poe Boehner Hensarling Peterson (PA) Cardin Kanjorski Bonilla Herger Ross Bilirakis Holden Pombo Petri Cardoza Kaptur Bishop (GA) Holt Boustany Hobson Rothman Pomeroy Pitts Case Kennedy (RI) Bishop (NY) Honda Bradley (NH) Hulshof Roybal-Allard Porter Price (GA) Chandler Kildee Blumenauer Hooley Price (NC) Brady (TX) Inglis (SC) Rush Pryce (OH) Conyers Kilpatrick (MI) Boehlert Hostettler Rahall Brown (SC) Issa Ryan (OH) Putnam Costello Kucinich ´ Bonner Hoyer Ramstad Burton (IN) Johnson (CT) Sanchez, Linda Radanovich Cummings Langevin Bono Hunter Rangel Buyer Johnson, Sam T. Reynolds Davis (AL) Lantos Sanders Boozman Hyde Regula Camp (MI) Keller Davis (CA) Larson (CT) Campbell (CA) King (IA) Rogers (AL) Schakowsky Boren Inslee Rehberg Davis (IL) Lee Cannon Kline Rogers (KY) Schiff Boswell Israel Reichert DeGette Levin Boucher Jackson (IL) Cantor Knollenberg Ros-Lehtinen Scott (GA) Renzi Delahunt Lowey Boyd Jackson-Lee Chabot Kolbe Ryan (WI) Scott (VA) Reyes DeLauro Lynch Brady (PA) (TX) Chocola Latham Ryun (KS) Serrano Rogers (MI) Dingell Maloney Brown (OH) Jefferson Cole (OK) Lewis (CA) Sensenbrenner Sherman Rohrabacher Doggett Markey Brown, Corrine Jenkins Conaway Lewis (KY) Slaughter Ross Sessions Doyle Matsui Brown-Waite, Jindal Crenshaw Linder Snyder Rothman Shadegg Duncan McCollum (MN) Ginny Johnson (IL) Culberson Lucas Solis Roybal-Allard Shimkus Emanuel McDermott Burgess Johnson, E. B. Royce Diaz-Balart, L. Lungren, Daniel Shuster Engel Spratt Diaz-Balart, M. McGovern Butterfield Jones (NC) Ruppersberger E. Simpson Eshoo McIntyre Stark Calvert Doolittle Mack Jones (OH) Rush Smith (TX) Etheridge McNulty Strickland Capito Kanjorski Drake Marchant Ryan (OH) Stearns Farr Meehan Stupak Capps Kaptur Ehlers McCaul (TX) Sabo Terry Fattah Meek (FL) Tanner English (PA) McCrery Capuano Kelly Salazar Filner Michaud Taylor (MS) Feeney McHenry Thomas Cardin Kennedy (MN) Sa´ nchez, Linda Flake Millender- Thompson (MS) Flake McKeon Tiahrt Cardoza Kennedy (RI) T. Ford McDonald Tierney Foxx McMorris Tiberi Carnahan Kildee Sanchez, Loretta Frank (MA) Miller (NC) Udall (NM) Franks (AZ) Mica Walden (OR) Carson Kilpatrick (MI) Sanders Garrett (NJ) Miller, George Van Hollen Carter Kind Frelinghuysen Miller (FL) Weldon (FL) Saxton Gingrey Mollohan Vela´ zquez Case King (NY) Garrett (NJ) Miller, Gary Westmoreland Schakowsky Green, Al Moore (WI) Visclosky Castle Kingston Gillmor Musgrave Whitfield Schiff Green, Gene Murtha Wamp Chandler Kirk Gingrey Myrick Wicker Schmidt Grijalva Nadler Wasserman Clay Kucinich Goodlatte Neugebauer Wilson (SC) Schwartz (PA) Gutierrez Napolitano Schultz Cleaver Kuhl (NY) Granger Northup Young (AK) Schwarz (MI) Hastings (FL) Neal (MA) Waters Coble LaHood Scott (GA) Higgins Obey Watson Conyers Langevin NOT VOTING—21 Scott (VA) Hinchey Olver Watt Cooper Lantos Ackerman Evans McKinney Serrano Holden Otter Waxman Costa Larsen (WA) Clyburn Fossella Melancon Shaw Holt Owens Weiner Costello LaTourette Crowley Gutierrez Payne Shays Honda Pallone Woolsey Cramer Leach Cubin Hoekstra Spratt Sherman Hostettler Pascrell Wynn Cuellar Lee Davis, Jo Ann Istook Strickland Sherwood Cummings Levin Deal (GA) Larson (CT) Thornberry Simmons NOT VOTING—14 Davis (AL) Lipinski Emanuel Lewis (GA) Wexler Skelton Clyburn Evans Payne Davis (CA) LoBiondo Slaughter Crowley Fossella Pence Davis (FL) Lofgren, Zoe b 1621 Smith (NJ) Cubin Istook Thomas Davis (IL) Lowey Smith (WA) Mr. MARCHANT changed his vote Davis, Jo Ann Lewis (GA) Wexler Davis (KY) Lynch Deal (GA) McKinney Davis (TN) Maloney Snyder from ‘‘yea’’ to ‘‘nay.’’ Davis, Tom Manzullo Sodrel So the motion to instruct was agreed Solis b 1611 DeFazio Markey to. DeGette Marshall Souder So the bill was passed. Delahunt Matheson Stark The result of the vote was announced The result of the vote was announced DeLauro Matsui Stupak as above recorded. Dent McCarthy Sullivan A motion to reconsider was laid on as above recorded. Dicks McCollum (MN) Sweeney The title of the bill was amended so Dingell McCotter Tancredo the table. as to read: ‘‘A Bill to promote a better Doggett McDermott Tanner f health information system.’’. Doyle McGovern Tauscher Dreier McHugh Taylor (MS) AUTHORIZING REPAIR OF MACE A motion to reconsider was laid on Duncan McIntyre Taylor (NC) OF HOUSE OF REPRESENTATIVES the table. Edwards McNulty Thompson (CA) Emerson Meehan Thompson (MS) Mr. BOEHNER. Mr. Speaker, I offer a f Engel Meek (FL) Tierney resolution (H. Res. 957) and I ask unan- Eshoo Meeks (NY) Towns MOTION TO INSTRUCT CONFEREES Etheridge Michaud Turner imous consent for its immediate con- ON H.R. 2830, PENSION PROTEC- Everett Millender- Udall (CO) sideration. Udall (NM) TION ACT OF 2005 Farr McDonald The Clerk read the resolution, as fol- Fattah Miller (MI) Upton lows: The SPEAKER pro tempore. The un- Ferguson Miller (NC) Van Hollen Filner Miller, George Vela´ zquez Resolved, finished business is the vote on the mo- Fitzpatrick (PA) Mollohan Visclosky SECTION 1. REPAIR OF MACE OF HOUSE OF REP- tion to instruct on H.R. 2830 offered by Foley Moore (KS) Walsh RESENTATIVES. the gentleman from California (Mr. Forbes Moore (WI) Wamp (a) DELIVERY FOR REPAIR.—The Sergeant Ford Moran (KS) Wasserman GEORGE MILLER) on which the yeas and at Arms of the House of Representatives is Fortenberry Moran (VA) Schultz authorized and directed, on behalf of the nays are ordered. Frank (MA) Murphy Waters The Clerk will redesignate the mo- Gallegly Murtha Watson House of Representatives, to deliver the tion. Gerlach Nadler Watt mace of the House of Representatives, fol- Gibbons Napolitano Waxman lowing an adjournment of the House pursu- The Clerk redesignated the motion. Gilchrest Neal (MA) Weiner ant to concurrent resolution, to the Sec- The SPEAKER pro tempore. The Gohmert Ney Weldon (PA) retary of the Smithsonian Institution only question is on the motion to instruct. Gonzalez Nussle Weller for the purpose of having necessary repairs This will be a 5-minute vote. Goode Oberstar Wilson (NM) made to the mace and under such cir- Gordon Obey Wolf The vote was taken by electronic de- Green (WI) Olver Woolsey cumstances as will assure that the mace is vice, and there were—yeas 285, nays Green, Al Ortiz Wu properly safeguarded. 126, not voting 21, as follows: Green, Gene Owens Wynn (b) RETURN.—The mace shall be returned to Grijalva Pallone Young (FL) the House of Representatives before noon on [Roll No. 417] the day before the House next reconvenes YEAS—285 NAYS—126 pursuant to concurrent resolution or at any Abercrombie Allen Baca Akin Bachus Barrett (SC) sooner time when so directed by the Speaker Aderholt Andrews Baird Alexander Baker Barton (TX) of the House of Representatives.

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JY7.029 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H6005 The SPEAKER pro tempore. Is there times to bring 5-minute special orders Ms. WOOLSEY. I yield to the gentle- objection to the request of the gen- on bringing our troops home from Iraq. woman from Ohio. tleman from Ohio? But what I have learned about him be- Ms. KAPTUR. Mr. Speaker, I thank There was no objection. cause he is here every night while we the gentlewoman for yielding to me, The resolution was agreed to. are doing our Special Orders, that his and I want to add my words of great A motion to reconsider was laid on job in keeping this House floor to- compliment and appreciation to Tim the table. gether, to keep Members on the Friedman, a true gentleman who has served this House with such distinction f straight and narrow and knowing what we are doing and what we are not sup- for over three decades of his life. His HOUR OF MEETING ON TOMORROW posed to do, like talking on our cell career here represents the highest level Mr. BOEHNER. Mr. Speaker, I ask phones on the floor, he does with good of public service, and members of his unanimous consent that when the humor, he does with good grace. family, his children, his relatives, all House adjourns today, it adjourn to But his most important chore, and I of his friends here, all the Members of meet at 10 a.m. tomorrow. think he has always known this with Congress that he has served and the The SPEAKER pro tempore. Is there me, has been to find my fountain pens American people should know this man objection to the request of the gen- when I lose them. Actually, he can find because so many of the really top qual- tleman from Ohio? a real fountain pen. I have a bit of a ity staff members who serve the Nation There was no objection. fetish for nice fountain pens. He finds do not get the kind of recognition that other people’s, and he thinks they are they genuinely deserve. f mine because I so often lose mine. But I want to thank him for his gentle- CALLING FOR CEASE-FIRE IN he also finds things that other Mem- manly demeanor, being a true man of LEBANON bers of the House lose. He is a real the House, and for helping us build a sleuth, and he finds them, he knows better Nation and world. Your service (Mr. MCDERMOTT asked and was who they belong to, he lets us know has been exemplary. Thank you on be- given permission to address the House that he has got them. half of the Nation and thank you on be- for 1 minute and to revise and extend Mr. Speaker, even though he is start- half of the people of Ohio as well, all of his remarks.) ing a new chapter in his life, even whom you have served with such dis- Mr. MCDERMOTT. Mr. Speaker, yes- though he is leaving us, we know that tinction. Congratulations. God bless terday a number of countries met in he has been here and we will always re- you and may the future be even bright- Rome and they discussed what ought to member how he has treated every sin- er than the years that you spent here. happen between or in Lebanon, and gle one of us. I am glad that he was Mr. Speaker, I thank the gentle- they came to a decision there ought to part of this chapter in my life. woman from California for yielding to be a cease-fire, except one country said Mr. ROTHMAN. Mr. Speaker, will the me on behalf of such a fine and good no, it was the United States of Amer- gentlewoman yield? man. ica. Ms. WOOLSEY. I yield to the gen- Ms. WOOLSEY. Mr. Speaker, in con- Mr. Speaker, how can it be that the tleman from New Jersey. clusion, Tim, thank you for taking United States of America can condone Mr. ROTHMAN. Mr. Speaker, I would care of us. Thank you for being you, the continuation of people dying on like to join the gentlewoman from and thank you for being in this chapter both sides of the line? The explanation California in acknowledging and hon- of my life. of who started it or who won’t stop or oring our friend, Tim Friedman, for all f who is at fault or when it started or all his 30-plus years of service to the THREE FATHERS—THREE STOLEN that must be decided at a peace table. House of Representatives. As long as people are dying, the peace I have been here now 10 years, Mr. CHILDREN table is going to be harder and harder Speaker, and I can you I have asked a The SPEAKER pro tempore. Under a and harder to work out. The sooner we great deal of Mr. Friedman, how to get previous order of the House, the gen- bring the parties to the table, the bet- from place to place, what the votes are tleman from Texas (Mr. POE) is recog- ter off the whole world will be, not just going to be, asking him his advice on nized for 5 minutes. Lebanese, not Israelis, everyone in the all kinds of family matters, frankly, to Mr. POE. Mr. Speaker, I want to talk world will be better off if we have a whether to go home for that soccer about three stolen children and three cease-fire. Please, Mr. President, listen game or that school play. And he al- fathers. to us. ways gave me the right answer: Go Adam Walsh, a 6-year-old in Holly- wood, Florida, disappeared on July 27, f home and be with your kids, and we will take care of the institution. 1981, from a shopping store. His mother SPECIAL ORDERS Mr. Friedman has been an exemplary told him to play video games while she paid for a lamp. When she turned The SPEAKER pro tempore. Under servant to this institution and to this around, he had disappeared from the the Speaker’s announced policy of Jan- country. And for 30-plus years of serv- store. Apparently, the management uary 4, 2005, and under a previous order ice, I want to thank him and his family had told him to leave. of the House, the following Members for all of the sacrifice that he has expended on behalf of our country. On August 10, 1981, Adam’s decapi- will be recognized for 5 minutes each. tated head was found in the water at f b 1630 Vero Beach, Florida. The rest of his re- I want to say one other word. Tim is HONORING TIM FRIEDMAN mains have never been found. part of a team on our side of the aisle Otis Toole, a serial killer, confessed The SPEAKER pro tempore. Under a that makes our work possible. I know to killing Adam in 1983. Police were previous order of the House, the gentle- on the other side of the aisle there is a not sure he was the killer, although he woman from California (Ms. WOOLSEY) terrific team of people helping our confessed again, but later recanted. is recognized for 5 minutes. friends on the other side of the aisle. Toole died in 1996 on death row for Ms. WOOLSEY. Mr. Speaker, I rise So Tim represents the finest in public other crimes, and Adam’s murder tech- today to talk about Tim Friedman who service, and I want to wish him and his nically remains unsolved. is leaving this body to start a new life, family a wonderful retirement, and His father, John Walsh, partner in a one a lot more relaxing I am sure. But from the bottom of my heart, Tim, a hotel management company, lived the I can tell him, he won’t be surrounded sincere and grateful thank you for all ‘‘All-American Dream’’ with his family by as many people that absolutely ad- you have done for me and for the in Hollywood, Florida, but the effect of mire and like him like he is day in and Democratic Party, for the Democrats his son’s death, Adam, was dev- day out here. here, for the United States Congress astating. He lost everything, not only I have gotten to know this man. He and the people of this country. his business, his home, but his pride, has been here for 30 years, but I have Thank you, Tim Friedman. Adam Walsh. gotten to know him over the past 2 Ms. KAPTUR. Mr. Speaker, will the He began campaigning for missing years while I have come to the floor 165 gentlewoman yield? and exploited children, and his drive

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.088 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H6006 CONGRESSIONAL RECORD — HOUSE July 27, 2006 created the Missing Children Assist- The effect of her death has helped It has paid off. Eighty-four percent of ance Act of 1984, which established the him to also work for children. He is Big Oil’s more than $10 million in polit- National Center for Missing and Ex- helping get Jessica’s Law passed in 18 ical contributions for this November’s ploited Children. Also, John and his States, which increases the minimum elections have gone to Republicans, 84 wife established the Adam Walsh Child penalty for sex offenders to 25 years for percent. Is it any wonder who the Re- Resource Center, and he has been host first offenders. publican energy bill really serves? on ‘‘America’s Most Wanted’’ since Mr. Speaker, these three fathers from Too many of my Republican col- 1988. This TV program helps capture three different backgrounds had a child leagues are addicted to oil company the worst criminals in America. He stolen from them by a child predator. campaign contributions. still is married and he has three chil- As a father of four and a grandfather of We need to reject the failed policies dren now, and he works daily to pro- five, there would be nothing worse than of the past. We need to build a brighter tect our children. to have a child murdered. future of greater energy independence Polly Klaas was abducted from her I know all three of these fathers. In by using energy smarter, investing in bedroom in the middle of the night on fact, two of them are in Washington new, job-creating energy technologies October 1, 1993, by Richard Allen Davis today. They are still fighting for kids, and, for instance, making my State of in California. He later strangled her and they are here today because the Ohio the Silicon Valley of alternative and sexually assaulted her, and in De- President signed the Adam Walsh Child energy. cember of that year, Davis led police to Safety Act to toughen up registration f her body, and they discovered that she of child predators. The SPEAKER pro tempore (Mr. had been buried alive. Davis, a pre- Twenty-five years ago today, Adam POE). Under a previous order of the viously convicted felon, was sentenced Walsh was kidnapped. House, the gentleman from Nebraska to death in September 1996. He is on Mr. Speaker, children are our great- (Mr. OSBORNE) is recognized for 5 min- death row now in California waiting to est resource, and every time a child is utes. be executed, as he needs to be. born, God is making a bet on the future (Mr. OSBORNE addressed the House. Marc Klaas, her father, worked in a of our culture. We are not judged by His remarks will appear hereafter in Hertz car rental center in San Fran- the way we treat the rich, the famous, the Extensions of Remarks.) cisco prior to her death. Memories of the powerful, the influential. We as a f his daughter Polly were sitting on the society are judged by the way we treat couch, watching her favorite show the weak, the innocent, the children. HONORING DR. ROCH DOLIVEUX ‘‘The Simpsons.’’ She had a love for The voices of these three children, Mr. GINGREY. Mr. Speaker, I ask performing. She also loved to play her the roll call of the dead, Jessica, Polly unanimous consent to speak out of clarinet and would have loved to have and Adam, call from the graves for jus- turn. been an actress. tice. America must be the land that The SPEAKER pro tempore. Without But the effect of her death, Mr. concerns itself with the protection of objection, the gentleman from Georgia Speaker, in the words of her father, its children, and we must win this war is recognized for 5 minutes. Marc, he said, ‘‘I wanted to be dead for against those child terrorists who steal There was no objection. 10 years. No one has affected my life so the lives of our children. Mr. GINGREY. Mr. Speaker, today I positively and nothing has affected my And that’s just the way it is. rise to commend a fine constituent of life so negatively.’’ f the 11th District of Georgia, Dr. Roch After her abduction and murder, Doliveux. Dr. Doliveux is the chief ex- Marc gave up his business and dedi- REPORT ON RESOLUTION WAIVING ecutive officer of UCB, Incorporated, a cated his life to protecting our chil- REQUIREMENT OF CLAUSE 6(a) leading global biopharmaceutical com- dren. He is the founder of the Klaaskids OF RULE XIII WITH RESPECT TO pany with facilities in my district, the Foundation, a nonprofit organization; CONSIDERATION OF CERTAIN 11th of Georgia, in the town of Smyrna. and in 1994, he was instrumental in es- RESOLUTIONS Earlier this year, Dr. Doliveux re- tablishing the ‘‘three strikes, you’re Mr. HASTINGS of Washington, from ceived the Epilepsy Foundation’s Dis- out’’ law in California. A third felony the Committee on Rules, submitted a tinguished Achievement Award in New conviction means those criminals go to privileged report (Rept. No. 109–606) on York City. The Epilepsy Foundation prison for 25 years to life. the resolution (H. Res. 958) waiving a annually recognizes individuals who Mr. Speaker, number three, Jessica requirement of clause 6(a) of rule XIII have made outstanding efforts on the Lunsford, 9-year-old girl in Florida. with respect to consideration of certain behalf of those living with epilepsy. She was abducted also from her bed- resolutions reported from the Com- As the CEO of UCB, Incorporated, Dr. room on February 23, 2005, by a repeat mittee on Rules, which was referred to Doliveux has spearheaded his com- sex offender, John Couey. This oc- the House Calendar and ordered to be pany’s efforts to raise awareness of this curred in Homosassa, Florida. He re- printed. disease, and he has leveraged its repeatedly sexually assaulted her, and f sources to develop and provide medi- then he buried her alive in his back- cines to help patients return to their yard. ENERGY BILL ANNIVERSARY daily activities. It is interesting to note that ‘‘Amer- BRINGS PAIN AT THE PUMP In our country, epilepsy affects 2.7 ica’s Most Wanted’’ helped capture this (Mr. BROWN of Ohio asked and was million Americans and their families. individual. given permission to address the House Mr. Speaker, epilepsy is a seizure dis- On March 18, 2005, Couey confessed to for 1 minute.) order that can develop at any time in raping and killing Jessica and told po- Mr. BROWN of Ohio. Mr. Speaker, to- life, and it can stem from a variety of lice where she was buried. He is wait- morrow is the first anniversary of the causes; but it is always a costly and ing trial; and, hopefully, the folks in House passage of the Bush energy bill. frequently debilitating disease. Florida will administer their correc- Our Republican colleagues probably That is why, as a physician Member, tive punishment, the death penalty, in want to take a victory lap, but they I am so proud to stand on the floor of his case. just cannot afford the gas. Gas prices, this body and extend my congratula- Mark Lunsford, her father, normal you see, in that 1 year are 71 cents tions to Dr. Doliveux for his fine work guy. In fact, he moved to Florida to higher today than they were 12 months on behalf of the Epilepsy Foundation. protect his children. He was in the ago. f Army after high school and he loved The Republican energy bill fails his kids. He just worked as a heavy American consumers by design. IS PEACE POSSIBLE? equipment operator at a recycling cen- They moved it a year ago, even Ms. KAPTUR. Mr. Speaker, I ask ter. He says about his daughter that though they knew it would grow our unanimous consent to address the she loved to work with him and operate dependence on foreign oil because it of- House. this heavy equipment. They took care fered $85 billion in consumer subsidies The SPEAKER pro tempore. Without of each other because that is what fam- to Big Oil and the other Republican objection, the gentlewoman from Ohio ilies do. corporate campaign donors. is recognized for 5 minutes.

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.090 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H6007 There was no objection. I can tell you that the southern part years later, he became involved again Ms. KAPTUR. Mr. Speaker, I rise of Lebanon that is the object of the in- in a decidedly more devious scheme this evening to tell a little story. vasion right now is an area where de- that kept a murderous dictator living This week, a wonderful family from velopment was not allowed to occur, in high style with his millions of dol- my district in Ohio brought to Wash- where the west literally backed away lars from Saddam Hussein to take care ington a little sketch that they left and allowed the forces of Hezbollah to of his ‘‘expenses’’ and his ‘‘people,’’ as with me. It is a scene from inside a gain greater and greater footing. And he called them. home, and a little boy is standing at a we are yielding the policies of isolation During this time that he was on Sad- window holding what looks like a pray- that allowed this to occur. dam Hussein’s payroll, Park met 20 er book. He is looking out this window So I would say to my colleagues, I times with U.N. Secretary General into a sunlit day, and outside the win- would say to people of good conscience Boutros-Ghali at his personal resi- dow are these beautiful, beautiful apple everywhere, now is the time to stand dence. Apparently, despite his corrupt trees. up to stop the killing on all sides in a past, his friendship and guidance were You do not realize as you are looking part of the world where the soils are sought by Boutros-Ghali and his Under at this child, who may be 4 years old or blood drenched from Bethlehem to Secretary, Maurice Strong. so, looking outside his window, you do Gaza to northern Israel, and Haifa now, The Oil-for-Food program was the not realize that what is walking by his to southern Lebanon again. Haven’t we brain child of Boutros-Ghali and window are bayonets pointed straight had enough of killing one another? Strong. And shortly before the pro- up, because in the way the artist has I would urge the Secretary of State, gram was finalized, Strong took nearly drawn the picture, the gun butts par- the President of the United States, the $1 million from Park. A payment that allel the trunks of the apple trees. Members of this Congress who are Strong forgot until he was shown the You look at this picture and it causes going to be leaving Washington tomor- check. Mr. Strong went on to serve you to pause, and in the distance in the row in this House and I guess next Kofi Annan in a high-ranking capacity sky, you see a small bird flying, a bird week in the other body, to devote your as his personal envoy to the Korean pe- of peace. August to thinking how we can all be ninsula, where he was advised on North As I watch what is happening in the voices to stop the killing and to call Korean issues by Park. Middle East and the carnage that for a ceasefire on all sides for the sake In all likelihood, Park, at 71 years of comes over our television screens every of the world. Surely we are destroying age, will serve extensive prison time evening, I cannot help but ask myself, a part of the earth that will take gen- for his crimes. Further trials for his co- what is wrong with humankind that we erations to restore, and we every day conspirators are scheduled for this No- cannot stop the killing? Is the United are watching young people and inno- vember. States of America so strong militarily cence killed by the hundreds and thou- Unfortunately, the U.N. continues to that it also cannot be strong morally sands. Can’t the world do better than protect some of the most egregious of- and stand up and say to those involved, this? fenders, including Oil-for-Food Direc- Cease fire? Cease fire on all sides, now, I think about the drawing of the lit- tor Ben Sevan, who allegedly took now. Would the world not stand with tle boy looking out the window at a some $147,000 in payoffs. Sevan has us? Why should the United States not beautiful sky and apple trees with the claimed that he is innocent, but he has just be silent but step away, step away bayonets walking by. fled to Cyprus to avoid extradition. for all the thousands and thousands The innocent defend themselves in the f and thousands of young people whose court of public opinion or the court of The SPEAKER pro tempore. Under a futures are being destroyed, whose law, but Mr. Sevan, instead, chooses to previous order of the House, the gen- countries are being leveled? hide, living off his illicit gains. tleman from Maryland (Mr. GILCHREST) In the Palestinian Authority, in Hundreds of other individuals inside is recognized for 5 minutes. Israel, in Lebanon, I say to myself, and outside the U.N. were involved in (Mr. GILCHREST addressed the what is it about human nature that the kickbacks and payoffs of the Oil- House. His remarks will appear here- makes us as creatures so marauding for-Food scandal, so I applaud the work after in the Extensions of Remarks.) and so hateful and apparently so in- of the Federal prosecutors who will capable of saying drop the bayonets, f continue to bring down indictments, but they need full cooperation of the just for a day, just to see if peace is U.N. OIL FOR FOOD SCANDAL possible? U.N. if they are to bring justice to I am just appalled at what is hap- Mr. GARRETT of New Jersey. Mr. those individuals who contributed to pening. I look at our world, I look at Speaker, I ask unanimous consent to Saddam Hussein’s reign of terror. all of its leaders, I look at all of our address the House for 5 minutes. Now, despite the fact that the cor- material wealth, all of the arms, the The SPEAKER pro tempore. Without ruption reached the highest levels of bunker-buster bombs that are on their objection, the gentleman from New the U.N., the U.N. has yet to take up way, and I say to myself, I thought the Jersey is recognized for 5 minutes. important reforms that would prevent 20th century was the century of utter There was no objection. such problems in the future. Reform, destruction and that we had finally Mr. GARRETT of New Jersey. Mr. though badly needed throughout this contained those forces in the world Speaker, recently in a Manhattan Fed- organization, has been stalled by a that were so harmful to human life, eral Court, we saw the first conviction group of countries that include some of and that when we turned the new page worldwide in the Iraqi Oil-for-Food the worst human rights offenders in on the new millennium, we would usher scandal. Billions of dollars illicitly the world, those who daily ignore the in a millennium of peace, and now this. passed between one of the world’s most lofty goals of the U.N. If the U.N. is to notorious dictators, Saddam Hussein, fulfill its mandate to be an organiza- b 1645 over 2,200 companies worldwide, and tion that promotes peace, freedom, and I would urge the President of the top officials of the U.N. Now, more prosperity, then it must set an example United States to not just look at the than 3 years after the scandal was of clean ethnics and not of dirty cor- military side of the equation but to brought to light, Tongsun Park, a Ko- ruption that keeps men and women deeply consider both political and dip- rean national, is now the only indi- around the world in poverty and slav- lomatic efforts, initially through back vidual who has been tried for those ery. channels. No country should be iso- gross crimes. The Oil-for-Food scandal completely lated, whether it is Lebanon or Syria, Mr. Park is a familiar player in the undermined the work of the sanctions or Jordan or Iran. Because out of isola- game of corruption, having been heav- against Iraq and provided the means tion, even in a marriage, comes an icy ily involved in the 1970s Congressional that, in all likelihood, continue to fuel standoff and no resolution. It is no dif- bribery scandal known as Koreagate. In the work of terrorists in Iraq. There ferent with countries. You cannot have that case, he saved himself from prison must be justice for Saddam’s victims, that kind of icy standoff and think the by turning States evidence, but instead and the U.N. should not stand in the world will be at peace. of taking this near miss as a lesson, 20 way of that justice being administered.

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.093 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H6008 CONGRESSIONAL RECORD — HOUSE July 27, 2006 The SPEAKER pro tempore. Under a oil fields and gas fields in the Middle States Air Force, but, Mr. Speaker, I previous order of the House, the gen- East and in Africa. An individual, one will say that I am hoping this year in tleman from Illinois (Mr. EMANUEL) is guy, got so much money from the conference between the House and recognized for 5 minutes. ExxonMobil from them bleeding extor- the Senate that the Senate will accept (Mr. EMANUEL addressed the House. tionate profits out of the American the House position. His remarks will appear hereafter in people, that he can afford to buy his Let me just take a couple of mo- the Extensions of Remarks.) own oil and gas fields. And certainly, I ments to read a comment. Again, this f am sure, he will sell the capacity to his bill has been introduced for 3 years and OIL COMPANIES REPORT RECORD former employer, ExxonMobil, who will the bill number has changed for 3 PROFITS then mark it up handsomely, and they years, but this statement I want to all come out ahead. The only losers are read is from the Honorable Wade Sand- Mr. DEFAZIO. Mr. Speaker, I ask the American consumers. ers, Deputy Assistant Secretary of the unanimous consent to replace Mr. We need both a short-term and a Navy for Reserve Affairs from 1993– EMANUEL. long-term plan. We need a short-term 1998. This is what the Honorable Wade The SPEAKER pro tempore. Without plan to stop the profiteering and price Sanders said. objection, the gentleman from Oregon gouging. We need to regulate oil trad- ‘‘As a combat veteran and former is recognized for 5 minutes. Naval officer, I understand the impor- There was no objection. ing like we do other commodities. We Mr. DEFAZIO. Well, today was a big need to put a windfall tax on these tance of the team dynamic, and the im- day on Wall Street. The oil companies, companies unless they are investing portance of recognizing the contribu- the three biggest oil companies, have their ill-gotten gains, their excess prof- tion of team components. The Navy reported record profits. They are up an its in new refinery capacity, in new and Marine Corps team is just that, a average of 30 percent over this quarter production, and in alternate fuels. dynamic partnership, and it is impor- last year. They are making $200 million And then we need a long-term plan to tant to symbolically recognize the bal- a day in profit. make America energy independent and ance of that partnership.’’ Now, you would think if the price of energy efficient. The so-called Bush en- Mr. Speaker, there has been an Inter- crude oil went up, it might squeeze ergy plan will have us importing more net site that has been established, not their margins a little bit. No, they are oil from the Middle East. Imagine that, by me or by my office, but by an inde- working hand in glove with OPEC and more oil from the Middle East 10 years pendent entity. Today, I went on that the other producers around the world, from today than we are today. That is Internet site and I want to read, again and they actually get a premium. For a great place to be dependent upon. for the record, a statement from First every dollar a barrel it goes up, they The Iranians are profiting tens of bil- Lieutenant Marine Corps Retired Gen- add on a little bit more at the pump. lions of dollars from these high prices. eral Merna. They have closed down a large num- Aren’t they part of the axis of evil? He said, ‘‘I am one of five brothers ber of refineries across America at the The Bush policy is facilitating billions who served in the military: Three Ma- recommendation of the American Pe- of dollars to the mullahs in Iran. rines, all Korean War veterans; I am troleum Institute. They had a memo 10 It is time for America to get smart, also a Vietnam veteran; two Navy years ago that they sent out to all and it is time for our government to brothers, one a Korean War veteran their members in the oil industry say- lead the way to energy efficiency, en- and the other paid the supreme sac- ing there are too many refineries; the ergy independence, and clamp down on rifice in World War II when his LST–577 profits aren’t there. If you close down big oil. But we know that won’t hap- was sunk by a Japanese submarine. some of these refineries, you could pen, because 85 percent of the contribu- Our uncle was a World War II Marine, claim there was insufficient capacity tions of the oil and gas industry went and even our Dad spent a brief time in and you could drive up your profits to the Republican Party. And they the Army Air Corps in World War II. It dramatically. were incredibly generous to the Presi- may be difficult for non-Marine fami- In the last year, profits for refineries dent in his last election. And, of lies to understand why this long over- are up 60 percent in 1 year. Now, that course, both he and DICK CHENEY are due legislation is such a burning issue is $200 million a day out of the pockets from that industry. for Marines; it is of paramount interest of American consumers, American But with a change in Congress and a to our community of Marines. business, stifling our economy, causing change in direction, all those things The reasoning for this legislation families to cancel vacations or change could happen here and, hopefully, they comes close to explaining why this their plans, and people are having a will, in the interest of our country and needs to be done. Simply put, Marines hard time filling up their tank that not a treasured few of the President’s have earned the right to their own live in rural areas in my district just friends. identity, while loving and recognizing to get to work. f our brothers and sisters in arms from But the oil company execs and their all of the military services who already CHANGING THE DEPARTMENT OF stockholders, why, they are doing just have this distinction.’’ THE NAVY fine. Exxon Mobil has so much cash on The point that he was making is, if hand they don’t know what to do with Mr. JONES of North Carolina. Mr. you think about it, we have a Depart- it; over $20 billion of cash. They are not Speaker, I ask unanimous consent that ment of Army and a Secretary of investing in new production, new I might speak for 5 minutes. Army. Think about it, we have a De- sources of energy, or new refineries. The SPEAKER pro tempore. Without partment of the Air Force with a Sec- Hey, they like it the way it is with the objection, the gentleman from North retary of the Air Force. You think so-called refinery shortage. It is a good Carolina is recognized for 5 minutes. about the Department of Navy, which excuse to gouge people at the pump. There was no objection. the Navy and the Marines are a team, No, they are just plowing it back into Mr. JONES of North Carolina. Mr. and yet it is a Department of Navy and their execs pockets and hanging onto Speaker, I have the privilege of rep- a Secretary of Navy. cash and then buying back stock to resenting Camp Lejeune Marine Base Mr. Speaker, I have to my left orders drive up the value of their stock op- and also Cherry Point Marine Air Sta- for a citation of a Silver Star for a Ma- tions. The recently retired CEO of tion, and for 3 years this House of Rep- rine that was killed in Nasiriyah dur- Exxon Mobil, Lee Raymond, just re- resentatives, in a bipartisan way, has ing this war in Iraq. tired a couple of months ago, they gave offered and accepted and passed legisla- him a $400 million retirement. And tion that would create the opportunity b 1700 now, Mr. Raymond, Americans are to rename the Department of Navy to And it is so ironic to me that this struggling to fill up their gas tanks; be Navy and Marine Corps. Marine, who gave his life for this coun- right? It is hard to afford 50 bucks if I do not need to speak today on the try, when his family received the letter you are driving an SUV. history of the great Marine Corps, just from the Secretary of the Navy, what But Mr. Raymond, well, he isn’t too like the United States Army, the does it say at the top, Mr. Speaker, but worried about that. He is out buying United States Navy, and the United the Secretary of the Navy, Washington,

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.097 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H6009 D.C., with the Navy flag, recognizing Mr. Speaker, tonight I come to the tleman from California (Mr. GEORGE that Michael Bitz gave his life for this floor again, for the 165th time, to dis- MILLER) is recognized for 5 minutes. country and that Michael Bitz was a cuss the costs of the occupation of (Mr. GEORGE MILLER of California Marine, a proud Marine. Iraq. Unfortunately, we all know too addressed the House. His remarks will Mr. Speaker, what we are trying to well the human cost of the occupation. appear hereafter in the Extensions of do in this House of Representatives, in More than 2,550 of our brave fighting Remarks.) a bipartisan way, is to say that this is men and women have died. Nearly 100 f a partnership and has been for the his- Iraqi civilians are killed every day. RECOGNIZING MR. JONATHAN One might be able to justify these tory of the Navy and Marine Corps, and STRICKLAND that both should be recognized equally losses if the cause were justified, if as a team. Americans were safer because of our Ms. MILLENDER-MCDONALD. Mr. And I bring to the floor again to show action in Iraq. Instead, the architect of Speaker, I ask unanimous consent to you what could happen, and would hap- the September 11 attacks, Osama Bin speak out of order. The SPEAKER pro tempore. Without pen if Michael Bitz’s family had re- Laden, is still at large. The Middle objection, the gentlewoman from Cali- ceived this citation of his bravery in East is literally going up in flames. Terrorism is increasing throughout the fornia is recognized for 5 minutes. Iraq, and that we had a Department of There was no objection. world. Navy and Marine Corps, what you Ms. MILLENDER-MCDONALD. Mr. And when we turn our eyes home to would have, Mr. Speaker, and what it Speaker, today I rise to recognize an says here is, the Secretary of the Navy America, we see so many squandered intelligent, gifted and courageous and Marine Corps, and it has the Navy opportunities as a result of the Iraq oc- young man, Jonathan Strickland, who flag and it has the Marine flag. That is cupation. If we hadn’t been spending is a 14-year-old African American Cali- what we are trying to do in this House nearly $.5 trillion in Iraq, just think of fornia resident who began his training of Representatives is to pay respect to what we could have done to strengthen to fly airplanes and helicopters at the the team. The team is a Navy and Ma- our economy and our very own people. age of 10 at Tomorrow’s Aeronautical rine Corps team. And I hope that the Think of the investments we could Museum. This museum is located in my Senate this year, after 3 years will ac- have made in our future right here at district at the Compton Woodley Air- cept the House position. home. port in Compton, California, and is a Mr. Speaker, with that, before I yield Think about the unmet needs of our nonprofit organization that strives to back my time, I want to please ask God children. For the cost of 15 days of the give adolescents the opportunity to to bless our men and women in uni- Iraq occupation, we could immunize reach their goal of flight. All program form, to please bless the families of our every child in the United States participants are able to receive free men and women in uniform, and to ask against serious childhood diseases with training, as long as they perform local God to continue to bless America. all recommended vaccines for the cost community service. The museum direc- of $4 billion. tor and an accomplished flight instruc- f For the cost of almost 2 months of The SPEAKER pro tempore. Under a tor, Robin Petgrave, saw fit to create the occupation in Iraq, we could hire this program that would serve youth in previous order of the House, the gen- 460,000 teachers across America to tleman from New Jersey (Mr. PALLONE) poverty stricken neighborhoods and lower average class sizes to 18 students, provide them with a positive alter- is recognized for 5 minutes. at the cost of $15 billion. (Mr. PALLONE addressed the House. native away from the streets. For the cost of just over 2 months of Jonathan Strickland has clearly ben- His remarks will appear hereafter in the occupation of Iraq, we could pro- the Extensions of Remarks.) efited from Tomorrow’s Aeronautical vide basic health insurance to every Museum. I am proud to recognize his f American child currently making due incredible achievements. He broke four without coverage. That cost would be world records in June, including being COST OF THE OCCUPATION OF $17 billion. IRAQ the youngest person to solo both a For the cost of little more than 2 plane and a helicopter on the same day, Mr. FARR. Mr. Speaker, I ask unani- months of the occupation of Iraq, we being the youngest African American mous consent to speak out of order. could pay 1 year of tuition and fees at to solo a helicopter, and to fly a heli- The SPEAKER pro tempore (Mr. a 4-year public university for the 3 mil- copter internationally. He also flew a KUHL of New York). Without objection, lion high school seniors who graduated helicopter round trip internationally. the gentleman from California is recog- this spring. On July 1, 2006, Jonathan success- nized for 5 minutes. For the cost of just over 5 months of fully landed back at Compton Woodley There was no objection. the occupation of Iraq, this could pro- Airport and was greeted by his family, Mr. FARR. Mr. Speaker, I rise to- vide a 20 percent pay raise to 3 million friends, the Compton Mayor Perrodin, night because in a moment, we are public school teachers. well wishers, the media, as well as the going to have a historical presentation Mr. Speaker, when will we learn? original members of the Tuskegee Air- here on the House floor. It is the 165th Congress, over my objections and men. He was also presented with an ap- time that there has been a consistent those of many of my colleagues, gave plication for future employment with voice about getting our troops out of the President the authorization to go the Los Angeles County Fire Depart- Iraq and ending the war in Iraq. And I to war. We did not give him permission ment Operations Division. know that the voice of the distin- to occupy Iraq, nor did we give him Ambitious and brave, Jonathan guished colleague from California, permission to neglect American chil- Strickland was able to live his dream LYNN WOOLSEY, is being listened to be- dren and jeopardize their future. because of Tomorrow’s Aeronautical cause, eventually, we are going to fol- It is time to bring our troops home Museum. I am proud that this wonder- low her advice. It is just a question of from Iraq. It is time to focus on the ful program is in my Congressional dis- when. I hope it is not going to take an- education and health care of our Na- trict, and that it is changing young other 165 days. tion’s children. The Congress can do people’s lives and creating ways for I would like it yield the remainder of this by passing my legislation, H.R. them to reach their potential and my time to the distinguished Congress- 5875, a bill to repeal the President’s excel. woman representing Marin and Iraq war powers. Tonight, I urge my Jonathan’s future goals include be- Sonoma Counties in California for her colleagues to cosponsor this legisla- coming a test pilot, attending the Air 165th presentation on the House floor tion. And I urge the leadership to con- Force Academy, and eventually becom- on this issue. sider this bill before we head home for ing a commercial pilot. And as already Ms. WOOLSEY. Mr. Speaker, I would the August break, before one more a world record setter, I am confident like to thank my colleague. Thank penny is wasted on occupying Iraq. that he will surpass every goal he sets you, Congressman FARR, for those nice f for himself. words and for standing here with me The SPEAKER pro tempore. Under a He has recently graduated from St. this evening. previous order of the House, the gen- Francis Cabrini School, and will enter

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.100 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H6010 CONGRESSIONAL RECORD — HOUSE July 27, 2006 Cleveland High School as a freshman in the Armed Forces serving in a combat zone tain land. to be held in trust for the benefit September of 2006. I am anxious to see to make contributions to their individual re- of the Puyallup Indian tribe. what records he will set and break as a tirement plans even if the compensation on May 25, 2006: high school student. which such contribution is based is excluded S. 1165. An Act to provide for the expansion from gross income. of the James Campbell National Wildlife Ref- I join with his family, friends, his H.R. 5037. An Act to amend titles 38 and 18, uge, Honolulu County, Hawaii. community, his supporters, and the United States Code. to prohibit certain dem- S. 1869. An Act to reauthorize the Coastal Nation who are rightfully very proud of onstrations at cemeteries under the control Barrier Resources Act, and for other pur- his accomplishments and have recog- of the National Cemetery Administration poses. nized him for his outstanding achieve- and at Arlington National Cemetery, and for May 31, 2006: ments. other purposes. S. 1736. An Act to provide for the participa- The President has also received a let- June 15, 2006: tion of employees in the judicial branch in ter outlining those achievements. We H.R. 1953. An Act to require the Secretary the Federal leave transfer program for disasters and emergencies. are extremely proud of this young man. of the Treasury to mint coins in commemoration of the Old Mint at San Francisco, oth- June 15, 2006: f erwise known as the ‘‘Granite Lady’’, and for S. 193. An Act to increase the penalties for The SPEAKER pro tempore. Under a other purposes. violations by television and radio broad- previous order of the House, the gen- H.R. 3829. An Act to designate the Depart- casters of the prohibitions against trans- tleman from Ohio (Mr. BROWN) is rec- ment of Veterans Affairs Medical Center in mission of obscene, indecent, and profane ognized for 5 minutes. Muskogee, Oklahoma, as the Jack C. Mont- language. S. 1235. An Act to amend title 38, United (Mr. BROWN of Ohio addressed the gomery Department of Veterans Affairs Med- ical Center. States Code, to improve and extend housing, House. His remarks will appear here- H.R. 4939. An Act making emergency sup- insurance, outreach, and benefits programs after in the Extensions of Remarks.) plemental appropriations for the fiscal year provided under the laws administered by the f ending September 30, 2006, and for other pur- Secretary of Veterans Affairs, to improve The SPEAKER pro tempore. Under a poses. and extend employment programs for vet- previous order of the House, the gen- H.R. 5401. An Act to amend section 308 of erans under laws administered by the Sec- the Lewis and Clark Expedition Bicentennial retary of Labor, and for other purposes. tleman from California (Mr. SCHIFF) is S. 2803. An Act to amend the Federal Mine recognized for 5 minutes. Commemorative Coin Act to make certain clarifying and technical amendments. Safety and Health Act of 1977 to improve the (Mr. SCHIFF addressed the House. June 30, 2006: safety of mines and mining. His remarks will appear hereafter in H.R. 5603. An Act to temporarily extend June 23, 2006: the Extensions of Remarks.) the programs under the Higher Education S. 1445. An Act to designate the facility of f Act of 1965, and for other purposes. the United States Postal Service located at The SPEAKER pro tempore. Under a July 3, 2006: 520 Colorado Avenue in Arriba, Colorado. as the ‘‘William H. Emery Post Office’’. previous order of the House, the gen- H.R. 5403. An Act to improve protections for children and to hold States accountable July 19, 2006: tleman from New York (Mr. WEINER) is for the safe and timely placement of children S. 3504. An Act to amend the Public Health recognized for 5 minutes. across State lines, and for other purposes. Service Act to prohibit the solicitation or (Mr. WEINER addressed the House. July 10, 2006: acceptance of tissue from fetuses gestated His remarks will appear hereafter in H.R. 4912. An Act to amend section 242 of for research purposes, and for other pur- the Extensions of Remarks.) the National Housing Act to extend the ex- poses. July 25, 2006: f emption for critical access hospitals under S.J. Res. 40. A joint resolution authorizing The SPEAKER pro tempore. Under a the FHA program for mortgage insurance for hospitals. the printing and binding of a supplement to, previous order of the House, the gen- July 11, 2006: and revised edition of, Senate Procedure. tleman from California (Mr. FILNER) is H.R. 889. An Act to authorize appropria- July 26, 2006: recognized for 5 minutes. tions for the Coast Guard for fiscal year 2006, S. 655. An Act to amend the Public Health (Mr. FILNER addressed the House. to make technical corrections to various Service Act with respect to the National His remarks will appear hereafter in laws administered by the Coast Guard, and Foundation for the Centers for Disease Con- the Extensions of Remarks.) for other purposes. trol and Prevention. July 24, 2006: f f H.R. 42, An Act to ensure that the right of The SPEAKER pro tempore. Under a an individual to display the flag of the LEAVE OF ABSENCE previous order of the House, the gen- United States on residential property not be By unanimous consent, leave of ab- tleman from Washington (Mr. abridged. sence was granted to: MCDERMOTT) is recognized for 5 min- f Mr. CROWLEY (at the request of Ms. utes. SENATE BILLS AND JOINT RESO- PELOSI) for today after noon and the (Mr. MCDERMOTT addressed the balance of the week. House. His remarks will appear here- LUTIONS APPROVED BY THE PRESIDENT Mr. SALAZAR (at the request of Ms. after in the Extensions of Remarks.) PELOSI) for today after 4:00 p.m. and f The President notified the Clerk of the balance of the week on account of the House that on the following dates HOUSE BILLS AND JOINT RESOLU- attending a funeral. he had approved and signed bills and TIONS APPROVED BY THE PRESI- Mrs. JO ANN DAVIS of Virginia (at the joint resolutions of the Senate of the DENT request of Mr. BOEHNER) for today and following titles: the balance of the week on account of The President notified the Clerk of May 5, 2006: personal reasons. the House that on the following dates S. 592. An Act to amend the Irrigation f he had approved and signed bills and Project Contract Extension Act of 1998 to ex- joint resolutions of the following titles: tend certain contracts between the Bureau of SPECIAL ORDERS GRANTED May 12, 2006: Reclamation and certain irrigation water By unanimous consent, permission to contractors in the States of Wyoming and H.R. 3351. An Act to make technical cor- address the House, following the legis- rections to laws relating to Native Ameri- Nebraska. cans, and for other purposes. S.J. Res. 28. A joint resolution approving lative program and any special orders May 17, 2006: the location of the commemorative work in heretofore entered, was granted to: H.R. 4297. An Act to provide for reconcili- the District of Columbia honoring former (The following Members (at the re- ation pursuant to section 201(b) of the con- President Dwight D. Eisenhower. quest of Ms. WOOLSEY) to revise and ex- current resolution on the budget for fiscal May 12, 2006: tend their remarks and include extra- year 2006. S. 584. An Act to require the Secretary of neous material:) the Interior to allow the continued occu- May 18, 2006: Ms. WOOLSEY, for 5 minutes, today. H.J. Res. 83. A joint resolution to memori- pancy and use of certain land and improve- Mr. DEFAZIO, for 5 minutes, today. alize and honor the contribution of Chief ments within Rocky Mountain National Justice William H. Rehnquist. Park. Mr. EMANUEL, for 5 minutes, today. May 29, 2006: May 18, 2006: Mr. PALLONE, for 5 minutes, today. H.R. 1499. An Act to amend the Internal S. 1382. An Act to require the Secretary of Mr. GEORGE MILLER of California, for Revenue Code of 1986 to allow members of the Interior to accept the conveyance of cer- 5 minutes, today.

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.104 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H6011 Mr. BROWN of Ohio, for 5 minutes, of Agriculture, transmitting the Depart- partment’s final rule — Electronic Filing of today. ment’s final rule — Child Nutrition Pro- Annual Reports (RIN: 1210-AB04) received Mr. SCHIFF, for 5 minutes, today. grams: Uniform Federal Assistance Regula- July 24, 2006, pursuant to 5 U.S.C. Mr. WEINER, for 5 minutes, today. tions; Nondiscretionary Technical Amend- 801(a)(1)(A); to the Committee on Education ments (RIN: 0584-AD16) received July 24, 2006, and the Workforce. Ms. MILLENDER-MCDONALD, for 5 min- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 8837. A letter from the Secretary, Depart- utes, today. mittee on Agriculture. ment of Energy, transmitting the Depart- Mr. FILNER, for 5 minutes, today. 8827. A letter from the Congressional Re- ment’s Annual Report for the Strategic Pe- Mr. MCDERMOTT, for 5 minutes, view Coordinator, APHIS, Department of Ag- troleum Reserve, covering calendar year today. riculture, transmitting the Department’s 2005, pursuant to 42 U.S.C. 6245(a); to the (The following Member (at the re- final rule — Brucellosis in Cattle; State and Committee on Energy and Commerce. quest of Mr. PEARCE) to revise and ex- Area Classifications; Idaho [Docket No. 8838. A letter from the Secretary, Depart- tend his remarks and include extra- APHIS-2006-0001] received July 6, 2006, pursu- ment of Energy, transmitting a copy of draft neous material:) ant to 5 U.S.C. 801(a)(1)(A); to the Committee legislation to extend the authorization for on Agriculture. the Federal contribution to the Uranium En- Mr. GILCHREST, for 5 minutes, today. 8828. A letter from the Congressional Re- richment Decontamination and Decommis- (The following Members (at their own view Coordinator, APHIS, Department of Ag- sioning (UED&D) Fund; to the Committee on request) to revise and extend their re- riculture, transmitting the Department’s Energy and Commerce. marks and include extraneous mate- final rule — Imported Fire Ant; Addition of 8839. A letter from the Attorney, Office of rial:) Counties in Arkansas and Tennessee to the Assistant General Counsel for Legislation Mr. GINGREY, for 5 minutes, today. List of Quarantines Areas [Docket No. and Regulatory Law, Department of Energy, Ms. KAPTUR, for 5 minutes, today. APHIS-2006-0080] received July 26, 2006, pur- transmitting the Department’s final rule — Mr. GARRETT of New Jersey, for 5 suant to 5 U.S.C. 801(a)(1)(A); to the Com- Computer Security; Access to Information minutes, today. mittee on Agriculture. on Department of Energy Computers and 8829. A letter from the Principal Deputy Computer Systems (RIN: 1992-AA27) received Mr. JONES of North Carolina, for 5 Associate Administrator, Environmental July 20, 2006, pursuant to 5 U.S.C. minutes, today. Protection Agency, transmitting the Agen- 801(a)(1)(A); to the Committee on Energy and Mr. FARR, for 5 minutes, today. cy’s final rule—2-Propenoic Acid, 2-Methyl, Commerce. f Polymer with Butyl 2-Propenoate, Methyl 2- 8840. A letter from the Regulations Coordi- Methyl-2-Propenoate, Methyl 2-Propenoate nator, Department of Health and Human ADJOURNMENT and 2-Propenoic Acid, Graft, Compound with Services, transmitting the Department’s Ms. MILLENDER-MCDONALD. Mr. 2-Amino-2-Methyl-1- Propanol; Tolerance Ex- final rule — National Institutes of Health Speaker, I move that the House do now emption [EPA-HQ-OPP-2006-0555; FRL-8077-4] Training Grants (RIN: 0925-AA28) received adjourn. received July 24, 2006, pursuant to 5 U.S.C. July 26, 2006, pursuant to 5 U.S.C. The motion was agreed to; accord- 801(a)(1)(A); to the Committee on Agri- 801(a)(1)(A); to the Committee on Energy and ingly (at 5 o’clock and 12 minutes culture. Commerce. 8830. A letter from the Principal Deputy 8841. A letter from the Principal Deputy p.m.), under its previous order, the Associate Administrator, Environmental Associate Administrator, Environmental House adjourned until tomorrow, Fri- Protection Agency, transmitting the Agen- Protection Agency, transmitting the Agen- day, July 28, 2006, at 10 a.m. cy’s final rule — 2-Propenoic, 2-Methyl-, cy’s final rule — National Perchloroethylene f Polymers with Ethyl Acrylate and Air Emission Standards for Dry Cleaning Fa- Polythylene Glycol Methlacrylate C 18-22 cilities [EPA-HQ-OAR-2005-0155; FRL-8200-2] EXECUTIVE COMMUNICATIONS, Alkyl Ethers; Tolerance Exemption [EPA- (RIN: 2060-AK18) received July 24, 2006, pur- ETC. HQ-OPP-2006-0550; FRL-8078-3] received July suant to 5 U.S.C. 801(a)(1)(A); to the Com- Under clause 8 of rule XII, executive 24, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to mittee on Energy and Commerce. 8842. A letter from the Principal Deputy communications were taken from the the Committee on Agriculture. 8831. A letter from the Principal Deputy Associate Administrator, Environmental Speaker’s table and referred as follows: Associate Administrator, Environmental Protection Agency, transmitting the Agen- 8821. A letter from the Executive Director, Protection Agency, transmitting the Agen- cy’s final rule — Approval and Promulgation Commodity Futures Trading Commission, cy’s final rule — Butene, Homopolymer; Tol- of Implementation Plans; New York Ozone transmitting the Commission’s final rule — erance Exemption [EPA-HQ-OPP-2006-0552; State Implementation Plan Revision; [Dock- Recognition of Multilateral Clearing Organi- FRL-8075-8] received July 20, 2006, pursuant et No. EPA-R02-OAR-2006-0303, FRL-8191-3] zations—received July 19, 2006, pursuant to 5 to 5 U.S.C. 801(a)(1)(A); to the Committee on received July 20, 2006, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on Ag- Agriculture. 801(a)(1)(A); to the Committee on Energy and riculture. 8832. A letter from the Chairman, Defense Commerce. 8822. A letter from the Executive Director, Nuclear Facilities Safety Board, transmit- 8843. A letter from the Principal Deputy Commodity Futures Trading Commission, ting the Board’s Report to Congress on the Associate Administrator, Environmental transmitting the Commission’s final rule — Plutonium Storage at the Department of En- Protection Agency, transmitting the Agen- Market and Large Trader Reporting (RIN: ergy’s Savannah River Site, pursuant to cy’s final rule — Protection of Stratospheric 3038-AC22) received July 19, 2006, pursuant to Public Law 107-314, section 3183; to the Com- Ozone; Minor Amendments to the Regula- 5 U.S.C. 801(a)(1)(A); to the Committee on mittee on Armed Services. tions Implementing the Allowance System Agriculture. 8833. A letter from the Director, Defense for Controlling HCFC Protection, Import, 8823. A letter from the Director, Regu- Procurement and Acquisition Policy, De- and Export [EPA-HQ-OAR-2003-0130] (RIN: latory Review Group, Department of Agri- partment of Defense, transmitting the De- 2060-AL90) received July 20, 2006, pursuant to culture, transmitting the Department’s final partment’s final rule — Defense Federal Ac- 5 U.S.C. 801(a)(1)(A); to the Committee on rule — Regulations Regarding Employee quisition Regulation Supplement; Types of Energy and Commerce. Conflicts of Interest (RIN: 0560-AH57) re- Contracts [DFARS Case 2003-D078] received 8844. A letter from the Principal Deputy ceived July 19, 2006, pursuant to 5 U.S.C. July 24, 2006, pursuant to 5 U.S.C. Associate Administrator, Environmental 801(a)(1)(A); to the Committee on Agri- 801(a)(1)(A); to the Committee on Armed Protection Agency, transmitting the Agen- culture. Services. cy’s final rule — Approval and Promulgation 8824. A letter from the Congressional Re- 8834. A letter from the Chairman, Board of of Air Quality Implementation Plans; Ten- view Coordinator, APHIS, Department of Ag- Governors of the Federal Reserve System, nessee; Update to Materials Incorporated by riculture, transmitting the Department’s transmitting the Board’s semiannual Mone- Reference [TN-200602; FRL-8197-2] received final rule — Gypsy Moth; Regulated Articles tary Policy Report pursuant to Pub. L. 106- July 20, 2006, pursuant to 5 U.S.C. [Docket No. 00-067-2] (RIN: 0579-AB55) re- 569; to the Committee on Financial Services. 801(a)(1)(A); to the Committee on Energy and ceived July 24, 2006, pursuant to 5 U.S.C. 8835. A letter from the Secretary, Division Commerce. 801(a)(1)(A); to the Committee on Agri- of Market Regulation, Securities and Ex- 8845. A letter from the Principal Deputy culture. change Commission, transmitting the Com- Associate Administrator, Environmental 8825. A letter from the Congressional Re- mission’s final rule — Commission Guidance Protection Agency, transmitting the Agen- view Coordinator, APHIS, Department of Ag- Regarding Client Commission Practices cy’s final rule — National Emission Stand- riculture, transmitting the Department’s Under Section 28(e) of the Securities Ex- ards for Hazardous Air Pollutants: Organic final rule — Asian Longhorned Beetle; Re- change Act of 1934 [Release No. 34-54165; File Liquids Distribution (Non-Gasoline) [EPA- moval of Quarantined Area in Illinois [Dock- No. S7-13-06] received July 20, 2006, pursuant HQ-OAR-2003-0138; FRL-8202-4] (RIN: 2060- et No. APHIS-2006-0105] received July 24, to 5 U.S.C. 801(a)(1)(A); to the Committee on AM77) received July 20, 2006, pursuant to 5 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the Financial Services. U.S.C. 801(a)(1)(A); to the Committee on En- Committee on Agriculture. 8836. A letter from the Assistant Secretary, ergy and Commerce. 8826. A letter from the Chief, Program Employee Benefits Security Administration, 8846. A letter from the General Counsel, Analysis and Monitoring Board, Department Department of Labor, transmitting the De- Federal Energy Regulatory Commission,

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JY7.111 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H6012 CONGRESSIONAL RECORD — HOUSE July 27, 2006 transmitting the Commission’s final rule — fice’s final rule — Implementation of Title II 8868. A letter from the Chief, Regulations Promoting Transmission Investment of the Notification and Federal Employee and Administrative Law, USCG, Department through Pricing Reform [Docket No. RM06-4- Antidiscrimination and Realitation Act of of Homeland Security, transmitting the De- 000; Order No. 679] received July 24, 2006, pur- 2002 — Notification & Training (RIN: 3206- partment’s final rule — Special Local Regu- suant to 5 U.S.C. 801(a)(1)(A); to the Com- AK38) received July 25, 2006, pursuant to 5 lations for Marine Events; Chesapeake Bay, mittee on Energy and Commerce. U.S.C. 801(a)(1)(A); to the Committee on Gov- Cape Charles, VA [CGD05-06-036] (RIN: 1625- 8847. A letter from the Director, Inter- ernment Reform. AA08) received July 26, 2006, pursuant to 5 national Cooperation, Department of De- 8859. A letter from the Under Secretary for U.S.C. 801(a)(1)(A); to the Committee on fense, transmitting Pursuant to Section 27(f) Oceans and Atmosphere, Department of Transportation and Infrastructure. of the Arms Export Control Act and Section Commerce, transmitting the Department’s 8869. A letter from the Chief, Regulations 1(f) of Executive Order 11958, Transmittal No. report regarding the activities of the North- and Administrative Law, USCG, Department 18-06 informing of an intent to sign the C- west Atlantic Fisheries Organization for of Homeland Security, transmitting the De- 130J Block 7, 8, and 9 Upgrade Project Ar- 2005, pursuant to 16 U.S.C. 5601 et. seq.; to the partment’s final rule — Special Local Regu- rangement with Australia, Denmark, Italy, Committee on Resources. lations for Marine Events; Pamlico River, and the United Kingdom; to the Committee 8860. A letter from the Director, Minerals Washington, North Carolina [CGD05-06-033] on International Relations. Management Service, Department of the In- (RIN: 1625-AA08) received July 26, 2006, pur- 8848. A letter from the Director, Inter- terior, transmitting the Department’s final suant to 5 U.S.C. 801(a)(1)(A); to the Com- national Cooperation, Department of State, rule — Oil, Gas, and Sulfur Operations and mittee on Transportation and Infrastruc- transmitting Pursuant to Section 27(f) of the Leasing in the Outer Continental Shelf (OCS) ture. Arms Export Control Act and Section 1(f) of — Recovery of Costs Related to the Regula- 8870. A letter from the Chief, Regulations Executive Order 11958, Transmittal No. 17-06 tion of Oil and Gas Activities on the OCS and Administrative Law, USCG, Department informing of an intent to sign the Research, (RIN: 1010-AD23) received July 19, 2006, pur- of Homeland Security, transmitting the De- Development, Test and Evaluation Memo- suant to 5 U.S.C. 801(a)(1)(A); to the Com- partment’s final rule — Special Local Regu- randum of Agreement (MOA) between the mittee on Resources. lations for Marine Events; Atlantic Ocean, United States and Italy; to the Committee 8861. A letter from the Assistant Adminis- Atlantic City, NJ [CGD05-06-037] (RIN: 1625- trator for Fisheries, NMFS, National Oce- on International Relations. AA08) received July 26, 2006, pursuant to 5 8849. A letter from the Assistant Secretary anic and Atmospheric Administration, trans- U.S.C. 801(a)(1)(A); to the Committee on for Legislative Affairs, Department of State, mitting the Administration’s final rule — Transportation and Infrastructure. transmitting notification that effective Pacific Halibut Fisheries; Guideline Harvest 8871. A letter from the Chief, Regulations April 16, 2006, the 15% Danger Pay Allowance Levels for the Guided Recreational Halibut and Administrative Law, USCG, Department Fishery; Correction [Docket No. 060215036- for Sarajevo, Bosnia-Herzegovina was termi- of Homeland Security, transmitting the De- 6178-02, I.D. 101501A] (RIN: 0648-AU30) re- nated based on improved security conditions, partment’s final rule — Special Local Regu- ceived July 27, 2006, pursuant to 5 U.S.C. pursuant to 5 U.S.C. 5928; to the Committee lations for Marine Events; Mill Creek, Fort 801(a)(1)(A); to the Committee on Resources. Monroe, Hampton, Virginia [CGD05-06-025] on International Relations. 8862. A letter from the Deputy Assistant 8850. A letter from the Assistant Secretary (RIN: 1625-AA08) received July 26, 2006, pur- Administrator for Operations, NMFS, Na- for Legislative Affairs, Department of State, suant to 5 U.S.C. 801(a)(1)(A); to the Com- tional Oceanic and Atmospheric Administra- transmitting pursuant to section 36(c) of the mittee on Transportation and Infrastruc- tion, transmitting the Administration’s final Arms Export Control Act, certification re- ture. rule — Fisheries Off West Coast States; 8872. A letter from the Chief, Regulations garding the proposed license for the export of Coastal Pelagic Species Fisheries; Annual and Administrative Law, USCG, Department defense articles and services to the Govern- Specifications [Docket No. 30109004-6164-02; of Homeland Security, transmitting the De- ment of the United Kingdom (Transmittal I.D. 010406E] (RIN: 0648-AT76) received July partment’s final rule — Drawbridge Oper- No. DDTC 010-06); to the Committee on Inter- 27, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to ation Regulation; Broward County Bridges, national Relations. the Committee on Resources. 8851. A letter from the Secretary, Depart- 8863. A letter from the Deputy Assistant Atlantic Intracoastal Waterway, Broward ment of Transportation, transmitting the Administrator for Regulatory Programs, County, FL [CGD07-04-136] (RIN: 1625-AA09) Semiannual Report of the Office of Inspector NMFS, National Oceanic and Atmospheric received July 27, 2006, pursuant to 5 U.S.C. General for the period ending March 31, 2006, Administration, transmitting the Agency’s 801(a)(1)(A); to the Committee on Transpor- pursuant to 5 U.S.C. app. (Insp. Gen. Act) final rule — Fisheries of the Northeastern tation and Infrastructure. section 5(b); to the Committee on Govern- United States; Final 2006-2008 Specifications 8873. A letter from the Chief, Regulations ment Reform. for the Spiny Dogfish Fishery [Docket No. and Administrative Law, USCG, Department 8852. A letter from the Chief Human Cap- 060418103-6181-02; I.D. 040706F] (RIN: 0648- of Homeland Security, transmitting the De- ital Officer, Corporation for National & Com- AT59) received July 27, 2006, pursuant to 5 partment’s final rule — Drawbridge Oper- munity Service, transmitting a report pursu- U.S.C. 801(a)(1)(A); to the Committee on Re- ation Regulations; Atlantic Intracoastal Wa- ant to the Federal Vacancies Reform Act of sources. terway (AICW), Elizabeth River, Southern 1998; to the Committee on Government Re- 8864. A letter from the Staff Director, Branch, Virginia [CGD05-05-041] (RIN: 1625- form. United States Sentancing Commission, AA09) received July 27, 2006, pursuant to 5 8853. A letter from the Assistant Director, transmitting a copy of the 2005 Annual Re- U.S.C. 801(a)(1)(A); to the Committee on Executive & Political Personnel, Depart- port and Sourcebook of Federal Sentancing Transportation and Infrastructure. ment of Defense, transmitting a report pur- Statistics, pursuant to 28 U.S.C. 994(w)(3); to 8874. A letter from the Chief, Regulations suant to the Federal Vacancies Reform Act the Committee on the Judiciary. and Administrative Law, USCG, Department of 1998; to the Committee on Government Re- 8865. A letter from the Assistant Secretary of Homeland Security, transmitting the De- form. for the Army for Civil Works, Department of partment’s final rule — Drawbridge Oper- 8854. A letter from the Assistant Director, Defense, transmitting a legislative proposal ation Regulations; James River, between Isle Executive & Political Personnel, Depart- regarding the financing of a capital improve- of Wight and Newport News, VA [CGD05-06- ment of Defense, transmitting a report pur- ment project at the Washington Aqueduct 039] (RIN: 1625-AA09) received July 27, 2006, suant to the Federal Vacancies Reform Act drinking water facility in support of the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- of 1998; to the Committee on Government Re- President’s Fiscal Year 2007 Budget; to the mittee on Transportation and Infrastruc- form. Committee on Transportation and Infra- ture. 8855. A letter from the General Counsel, structure. 8875. A letter from the Chief, Regulations Department of Housing and Urban Develop- 8866. A letter from the Chief, Regulations and Administrative Law, USCG, Department ment, transmitting a report pursuant to the and Administrative Law, USCG, Department of Homeland Security, transmitting the De- Federal Vacancies Reform Act of 1998; to the of Homeland Security, transmitting the De- partment’s final rule — Drawbridge Oper- Committee on Government Reform. partment’s final rule — Safety and Security ation Regulations; Long Island, New York 8856. A letter from the Special Assistant to Zones; Tall Ships Celebration 2006, Great Inland Waterway from East Rockaway Inlet the Secreary, White House Liaison, Depart- Lakes, Cleveland, Ohio, Bay City, Michigan, to Shinnecock Canal, Jones Beach, NY ment of Veterans Affairs, transmitting a re- Green Bay, Wisconsin, Sturgeon Bay, Wis- [CGD01-06-078] received July 27, 2006, pursu- port pursuant to the Federal Vacancies Re- consin, Chicago, Illinois [CGD09-06-032] (RIN: ant to 5 U.S.C. 801(a)(1)(A); to the Committee form Act of 1998; to the Committee on Gov- 1625-AA00) received July 26, 2006, pursuant to on Transportation and Infrastructure. ernment Reform. 5 U.S.C. 801(a)(1)(A); to the Committee on 8876. A letter from the Chief, Regulations 8857. A letter from the Special Assistant to Transportation and Infrastructure. and Administrative Law, USCG, Department the Secretary, White House Liaison, Depart- 8867. A letter from the Chief, Regulations of Homeland Security, transmitting the De- ment of Veterans Affairs, transmitting a re- and Administrative Law, USCG, Department partment’s final rule — Drawbridge Oper- port pursuant to the Federal Vacancies Re- of Homeland Security, transmitting the De- ation Regulations; Long Island, New York form Act of 1998; to the Committee on Gov- partment’s final rule — Coast Guard Organi- Waterway from East Rockaway Inlet to ernment Reform. zation; Activities Europe [USCG-2006-24520] Shinnecock Canal, Hempstead, NY [CGD01- 8858. A letter from the Director, Strategic (RIN: 1625-AB03) received July 26, 2006, pursu- 06-077] received July 27, 2006, pursuant to 5 Human Resources Policy Division, Office of ant to 5 U.S.C. 801(a)(1)(A); to the Committee U.S.C. 801(a)(1)(A); to the Committee on Personnel Management, transmitting the Of- on Transportation and Infrastructure. Transportation and Infrastructure.

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\L27JY7.000 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H6013 8877. A letter from the Chief, Regulations to 5 U.S.C. 801(a)(1)(A); to the Committee on ipal Airport, IA [Docket No. FAA-2006-25009; and Administrative Law, USCG, Department Transportation and Infrastructure. Airspace Docket No. 06-ACE-7] received July of Homeland Security, transmitting the De- 8887. A letter from the Program Analyst, 24, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to partment’s final rule — Drawbridge Oper- FAA, Department of Transportation, trans- the Committee on Transportation and Infra- ation Regulations; Long Island, New York mitting the Department’s final rule — Revi- structure. Inland Waterway from East Rockaway Inlet sion of Class E Airspace; Vandenberg AFB, 8897. A letter from the Program Analyst, to Shinnecock Canal, Jones Beach, NY CA [Docket No. FAA-2006-24064; Airspace FAA, Department of Transportation, trans- [CGD01-06-76] received July 27, 2006, pursuant Docket No. 06-AWP-3] (RIN: 2120-AA66) re- mitting the Department’s final rule — Modi- to 5 U.S.C. 801(a)(1)(A); to the Committee on ceived July 24, 2006, pursuant to 5 U.S.C. fication of Class E Airspace; Scottsbluff, Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- Western Nebraska Regional Airport/William 8878. A letter from the Chief, Regulations tation and Infrastructure. B. Helig Field, NE [Docket No. FAA-2006- and Administrative Law, USCG, Department 8888. A letter from the Program Analyst, 25007; Airspace Docket No. 06-ACE-5] re- of Homeland Security, transmitting the De- FAA, Department of Transportation, trans- ceived July 24, 2006, pursuant to 5 U.S.C. partment’s final rule — Drawbridge Oper- mitting the Department’s final rule — Re- 801(a)(1)(A); to the Committee on Transpor- ation Regulations; Potomac River, between moval of Class D and E Airspace; Roosevelt tation and Infrastructure. Maryland and Virginia [CGD05-06-070] (RIN: Roads, PR Amendment of Class E Airspace; 8898. A letter from the Program Analyst, 1625-AA09) received July 27, 2006, pursuant to Isla de Vieques, PR [Docket No. FAA-2006- FAA, Department of Transportation, trans- 5 U.S.C. 801(a)(1)(A); to the Committee on 24391; Airspace Docket No. 06-ASO-5] re- mitting the Department’s final rule — Revi- Transportation and Infrastructure. ceived July 24, 2006, pursuant to 5 U.S.C. sion of Class E Airspace; Togiak Village, AK 8879. A letter from the Chief, Regulations 801(a)(1)(A); to the Committee on Transpor- [Docket No. FAA-2006-23713; Airspace Docket and Administrative Law, USCG, Department tation and Infrastructure. No. 06-AAL-06] received July 24, 2006, pursu- of Homeland Security, transmitting the De- 8889. A letter from the Program Analyst, ant to 5 U.S.C. 801(a)(1)(A); to the Committee partment’s final rule — Drawbridge Oper- FAA, Department of Transportation, trans- on Transportation and Infrastructure. ation Regulations; Potomac River, between mitting the Department’s final rule — Modi- 8899. A letter from the Program Analyst, Maryland and Virginia [CGD05-06-071] (RIN: fication of Offshore Airspace Area; Control FAA, Department of Transportation, trans- 1625-AA09) received July 27, 2006, pursuant to 1487L; AK [Docket No. FAA-2005-22024; Air- mitting the Department’s final rule — Modi- 5 U.S.C. 801(a)(1)(A); to the Committee on space Docket No. 06-AAL-08] (RIN: 2120-AA66) fication of Legal Description of Class D and Transportation and Infrastructure. received July 24, 2006, pursuant to 5 U.S.C. E Airspace; Fairbanks, Fort Wainwright 8880. A letter from the Docket Clerk, FRA, 801(a)(1)(A); to the Committee on Transpor- Army Airfield, AK [Docket No. FAA-2006- Department of Transportation, transmitting tation and Infrastructure. 24813; Airspace Docket No. 06-AAL-16] re- the Department’s final rule — Locomotive 8890. A letter from the Program Analyst, ceived July 24, 2006, pursuant to 5 U.S.C. Crashworthiness [Docket No. FRA-2004-17645; FAA, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Transpor- Notice No. 3] (RIN: 2130-AB23) received July mitting the Department’s final rule — Modi- tation and Infrastructure. 24, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to fication of Control 1234L Offshore Airspace 8900. A letter from the Program Analyst, the Committee on Transportation and Infra- Area; AK [Docket No. FAA-2006-23708; Air- FAA, Department of Transportation, trans- structure. space Docket No. 06-AAL-1] (RIN: 2120-AA66) mitting the Department’s final rule — Revi- 8881. A letter from the Attorney, PHMSA, received July 24, 2006, pursuant to 5 U.S.C. sion of Class E Airspace; Huslia, AK [Docket Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Transpor- No. FAA-2006-24004; Airspace Docket No. 06- the Department’s final rule — Hazardous Ma- tation and Infrastructure. AAL-13] received July 24, 2006, pursuant to 5 terials: Infectious Substances; Harmoni- 8891. A letter from the Program Analyst, U.S.C. 801(a)(1)(A); to the Committee on zation with the United Nations Rec- FAA, Department of Transportation, trans- Transportation and Infrastructure. ommendations [Docket No. PHMSA-2004- mitting the Department’s final rule — 8901. A letter from the Program Analyst, 16895 (HM-226A)] (RIN: 2137-AD93) received Amendment to Class E Airspace; Jackson, FAA, Department of Transportation, trans- July 24, 2006, pursuant to 5 U.S.C. WY [Docket No. FAA-2005-22665; Airspace mitting the Department’s final rule — Modi- 801(a)(1)(A); to the Committee on Transpor- Docket No. 05-ANM-13] received July 24, 2006, fication of Legal Description of Class D and tation and Infrastructure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- E Airspace; Fairbanks, Fort Wainwright 8882. A letter from the Program Analyst, mittee on Transportation and Infrastruc- Army Airfield, AK [Docket No. FAA-2006- NHTSA, Department of Transportation, ture. 24813; Airspace Docket No. 06-AAL-16] re- transmitting the Department’s final rule — 8892. A letter from the Program Analyst, ceived July 24, 2006, pursuant to 5 U.S.C. Motorcyclist Safety Grant Program [Docket FAA, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Transpor- No. NHTSA-2006-23700] (RIN: 2127-AJ86) re- mitting the Department’s final rule — Modi- tation and Infrastructure. ceived July 24, 2006, pursuant to 5 U.S.C. fication of Class E Airspace; Wellington Mu- 8902. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- nicipal Airport, KS [Docket No. FAA-2006- FAA, Department of Transportation, trans- tation and Infrastructure. 24869; Airspace Docket No. 06-ACE-4] re- mitting the Department’s final rule — Modi- 8883. A letter from the Program Analyst, ceived July 24, 2006, pursuant to 5 U.S.C. fication of VOR Federal Airways; and Estab- FAA, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Transpor- lishment of Area Navigation Route; NC mitting the Department’s final rule — tation and Infrastructure. [Docket No. FAA-2006-24027; Airspace Docket Standard Instrument Approach Procedures; 8893. A letter from the Program Analyst, No. 06-ASO-1] (RIN: 2120-AA66) received July Miscellaneous Amendments [Docket No. FAA, Department of Transportation, trans- 24, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to 30494; Amdt. No. 3167] received July 24, 2006, mitting the Department’s final rule — Revi- the Committee on Transportation and Infra- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- sion of Class E Airspace; Herlong, CA [Dock- structure. mittee on Transportation and Infrastruc- et No. FAA-2004-19684; Airspace Docket No. 8903. A letter from the Attorney, Pipeline ture. 04-ANM-24] received July 24, 2006, pursuant and Hazardous Materials Safety Administra- 8884. A letter from the Program Analyst, to 5 U.S.C. 801(a)(1)(A); to the Committee on tion, Department of Transportation, trans- FAA, Department of Transportation, trans- Transportation and Infrastructure. mitting the Department’s final rule — Haz- mitting the Department’s final rule — 8894. A letter from the Program Analyst, ardous Materials: Preemption Determina- Standard Instrument Approach Procedures; FAA, Department of Transportation, trans- tions; Procedural Regulations [Docket No. Weather Takeoff Minimums; Miscellaneous mitting the Department’s final rule — Estab- PHMSA-2006-24824] (RIN: 2137-AE18) received Amendments [Docket No. 30493; Amdt. No. lishment of Offshore Airspace Area 1485L and July 24, 2006, pursuant to 5 U.S.C. 3166] received July 24, 2006, pursuant to 5 Revision of Control 1485H; Barrow, AK 801(a)(1)(A); to the Committee on Transpor- U.S.C. 801(a)(1)(A); to the Committee on [Docket No. FAA-2006-23872; Airspace Docket tation and Infrastructure. Transportation and Infrastructure. No. 06-AAL-9] (RIN: 2120-AA66) received July 8904. A letter from the Program Analyst, 8885. A letter from the Program Analyst, 24, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- the Committee on Transportation and Infra- mitting the Department’s final rule — Estab- mitting the Department’s final rule — IFR structure. lishment of Area Navigation Instrument Altitudes; Miscellaneous Amendments 8895. A letter from the Program Analyst, Flight Rules Terminal Transition Route [Docket No. 30495; Amdt. No. 461] received FAA, Department of Transportation, trans- (RITTR); T-210; Jacksonville, FL [Docket July 24, 2006, pursuant to 5 U.S.C. mitting the Department’s final rule — Rev- No. FAA-2005-23436; Airspace Docket No. 05- 801(a)(1)(A); to the Committee on Transpor- ocation of Low Altitude Reporting Point; AK ASO-10] (RIN: 2120-AA66) received July 24, tation and Infrastructure. [Docket No. FAA-2005-225010; Airspace Dock- 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the 8886. A letter from the Program Analyst, et No. 06-AAL-17] (RIN: 2120-AA66) received Committee on Transportation and Infra- FAA, Department of Transportation, trans- July 24, 2006, pursuant to 5 U.S.C. structure. mitting the Department’s final rule — 801(a)(1)(A); to the Committee on Transpor- 8905. A letter from the Program Analyst, Amendment of Class D Airspace; Pompano tation and Infrastructure. FAA, Department of Transportation, trans- Beach, FL; Amendment of Class D Airspace; 8896. A letter from the Program Analyst, mitting the Department’s final rule — Estab- Fort Lauderdale Executive Airport, FL FAA, Department of Transportation, trans- lishment of Area Navigation Instrument [Docket No. FAA-2006-24424; Airspace Docket mitting the Department’s final rule — Modi- Flight Rules Terminal Transition Route No. 06-ASO-6] received July 24, 2006, pursuant fication of Class E Airspace; Keokuk Munic- (RITTR) T-210; Jacksonville, FL [Docket No.

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\L27JY7.000 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H6014 CONGRESSIONAL RECORD — HOUSE July 27, 2006 FAA-2005-23436; Airspace Docket No. 05-ASO- 14623; AD 2006-11-18] (RIN: 2120-AA64) received worthiness Directives; BAE Systems (Oper- 10] (RIN: 2120-AA66) received July 24, 2006, July 24, 2006, pursuant to 5 U.S.C. ations) Limited Model BAe 146 and Avro 146- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Transpor- RJ Airplanes [Docket No. FAA-2005-23284; Di- mittee on Transportation and Infrastruc- tation and Infrastructure. rectorate Identifier 2005-NM-163-AD; Amend- ture. 8913. A letter from the Program Analyst, ment 39-14634; AD 2006-12-09] (RIN: 2120-AA64) 8906. A letter from the Program Analyst, FAA, Department of Transportation, trans- received July 24, 2006, pursuant to 5 U.S.C. FAA, Department of Transportation, transmitting the Department’s final rule — Air- 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule — Air- worthiness Directives; Boeing Model 737-200C tation and Infrastructure. worthiness Directives; Engine Components Series Airplanes [Docket No. FAA-2006-24245; 8921. A letter from the Program Analyst, Inc. (ECi) Reciprocating Engine Cylinder As- Directorate Identifier 2005-NM-166-AD; FAA, Department of Transportation, trans- semblies [Docket No. FAA-2005-22358; Direc- Amendment 39-14643; AD 2006-12-17] (RIN: mitting the Department’s final rule — Air- torate Identifier 2005-NE-20-AD; Amendment 2120-AA64) received July 24, 2006, pursuant to worthiness Directives; Boeing Model 747-400 39-14632; AD 2006-12-07] (RIN: 2120-AA64) re- 5 U.S.C. 801(a)(1)(A); to the Committee on Series Airplanes [Docket No. FAA-2005-23250; ceived July 24, 2006, pursuant to 5 U.S.C. Transportation and Infrastructure. Directorate Identifier 2005-NM-150-AD; 801(a)(1)(A); to the Committee on Transpor- 8914. A letter from the Program Analyst, Amendment 39-14635; AD 2006-12-10] (RIN: tation and Infrastructure. FAA, Department of Transportation, trans- 2120-AA64) received July 24, 2006, pursuant to 8907. A letter from the Program Analyst, mitting the Department’s final rule — Air- 5 U.S.C. 801(a)(1)(A); to the Committee on FAA, Department of Transportation, trans- worthiness Directives; Airbus Model A300 B2 Transportation and Infrastructure. mitting the Department’s final rule — Air- and A300 B4 Series Airplanes; A300 B4-600, B4- 8922. A letter from the Program Analyst, worthiness Directives; Eurocopter France 600R, and F4-600R Series Airplanes; and FAA, Department of Transportation, trans- Model AS350B, BA, B1, B2, B3, C, D, and D1 Model C4-605R Variant F Airplanes (Collec- mitting the Department’s final rule — Air- Helicopters [Docket No. FAA-2006-23888; Di- tively Called A300-600 Series Airplanes) worthiness Directives; Goodrich Evacuation rectorate Identifier 2005-SW-03-AD; Amend- [Docket No. FAA-2004-19002; Directorate Systems Approved Under Technical Standard ment 39-14622; AD 2006-11-17] (RIN: 2120-AA64) Identifier 2003-NM-27-AD; Amendment 39- Order (TSO) TSO-C69b and Installed on Air- received July 24, 2006, pursuant to 5 U.S.C. 14639; AD 2006-12-13] (RIN: 2120-AA64) received bus Model A330-200 and -300 Series Airplanes, 801(a)(1)(A); to the Committee on Transpor- July 24, 2006, pursuant to 5 U.S.C. Model A340-200 and -300 Series Airplanes, and tation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- Model A340-541 and -642 Airplanes [Docket 8908. A letter from the Program Analyst, tation and Infrastructure. No. FAA-2006-23890; Directorate Identifier FAA, Department of Transportation, trans- 8915. A letter from the Program Analyst, 2005-NM-229-AD; Amendment 39-14633; AD mitting the Department’s final rule — Air- FAA, Department of Transportation, trans- 2006-12-08] (RIN: 2120-AA64) received July 24, worthiness Directives; Boeing Model 767-200 mitting the Department’s final rule — Air- 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the and -300 Series Airplanes [Docket No. FAA- worthiness Directives; Empresa Brasileira Committee on Transportation and Infra- 2005-22488; Directorate Identifier 2005-NM-151- del Aeronautica S.A. (EMBRAER) Model structure. AD; Amendment 39-14637; AD 2000-11-19-R1] EMB-120, -120ER, -120FC, -120QC, and -120RT 8923. A letter from the Program Analyst, (RIN: 2120-AA64) received July 24, 2006, pur- Airplanes [Docket No. FAA-2006-24076; Direc- FAA, Department of Transportation, trans- suant to 5 U.S.C. 801(a)(1)(A); to the Com- torate Identifier 2006-NM-015-AD; Amend- mitting the Department’s final rule — Air- mittee on Transportation and Infrastruc- ment 39-14640; AD 2006-12-14] (RIN: 2120-AA64) worthiness Directives; Boeing Model 737-600, ture. received July 24, 2006, pursuant to 5 U.S.C. -700, -700C, -800, and -900 Series Airplanes 8909. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- [Docket No. FAA-2005-20626; Directorate FAA, Department of Transportation, trans- tation and Infrastructure. Identifier 2004-NM-243-AD; Amendment 39- mitting the Department’s final rule — Air- 8916. A letter from the Program Analyst, 14636; AD 2006-12-11] (RIN: 2120-AA64) received worthiness Directives; Airbus Model A300 B4 FAA, Department of Transportation, trans- July 24, 2006, pursuant to 5 U.S.C. Series Airplanes; Model A300 B4-600 Series mitting the Department’s final rule — Air- 801(a)(1)(A); to the Committee on Transpor- Airplanes; Model A300 C4-605R Variant F Air- worthiness Directives; Hamilton Sundstrand tation and Infrastructure. planes; Model A310-200 Series Airplanes; and Model 14RF-19 Propellers [Docket No. FAA- 8924. A letter from the Program Analyst, Model A310-300 Series Airplanes [Docket No. 2005-21691; Directorate Identifier 2005-NE-13- FAA, Department of Transportation, trans- FAA-2006-24200; Directorate Identifier 2006- AD; Amendment 39-14645; AD 2006-12-19] (RIN: mitting the Department’s final rule — Air- NM-012-AD; Amendment 39-14630; AD 2006-12- 2120-AA64) received July 24, 2006, pursuant to worthiness Directives; Bombardier Model 05] (RIN: 2120-AA64) received July 24, 2006, 5 U.S.C. 801(a)(1)(A); to the Committee on DHC-8-102, -103, -106, -201, -202, -301, -311, -314, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Transportation and Infrastructure. and -315 Airplanes; Equipped with Certain mittee on Transportation and Infrastruc- 8917. A letter from the Program Analyst, Cockpit Door Installations [Docket No. FAA- ture. FAA, Department of Transportation, trans- 2006-24411; Directorate Identifier 2006-NM-033- 8910. A letter from the Program Analyst, mitting the Department’s final rule — Air- AD; Amendment 39-14642; AD 2006-12-16] (RIN: FAA, Department of Transportation, trans- worthiness Directives; Bombardier Model 2120-AA64) received July 24, 2006, pursuant to mitting the Department’s final rule — Air- DHC-8-400 Series Airplanes [Docket No. FAA- 5 U.S.C. 801(a)(1)(A); to the Committee on worthiness Directives; Boeing Model 737-300, 2006-24365; Directorate Identifier 2006-NM-022- Transportation and Infrastructure. -400, -500, -700, and -800 Series Airplanes; AD; Amendment 39-14641; AD 2006-12-15] (RIN: 8925. A letter from the Program Analyst, Model 747-400 and -400F Series Airplanes; 2120-AA64) received July 24, 2006, pursuant to FAA, Department of Transportation, trans- Model 757-200 Series Airplanes; Model 767-300 5 U.S.C. 801(a)(1)(A); to the Committee on mitting the Department’s final rule — Air- Series Airplanes; and Model 777-300 Series Transportation and Infrastructure. worthiness Directives; Goodrich Evacuation Airplanes; and Model 777-300 Series Airplanes 8918. A letter from the Program Analyst, Systems Approved Under Technical Standard Equipped with Certain Driessen or Showa FAA, Department of Transportation, trans- Order (TSO) TSO-C69b and Installed on Air- Galleys or Driessen Closets [Docket No. mitting the Department’s final rule — Air- bus Model A330-200 and -300 Series Airplanes, FAA-2005-22628; Directorate Identifier 2005- worthiness Directives; Boeing Model 747-100, Model A340-200 and -300 Series Airplanes, and NM-056-AD; Amendment 39-14631; AD 2006-12- 747-100B, 747-100B SUD, 747-200B, 747-200C, 747- Model A340-541 and -642 Airplanes [Docket 06] (RIN: 2120-AA64) Received July 24, 2006, 300, 747-400, 747-400D, and 747SR Series Air- No. FAA-2006-23890; Directorate Identifier pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- planes [Docket No. FAA-2006-24102; Direc- 2005-NM-229-AD; Amendment 39-14633; AD mittee on Transportation and Infrastruc- torate Identifier 2005-NM-244-AD; Amend- 2006-12-08] (RIN: 2120-AA64) received July 24, ture. ment 39-14638; AD 2006-12-12] (RIN: 2120-AA64) 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the 8911. A letter from the Program Analyst, received July 24, 2006, pursuant to 5 U.S.C. Committee on Transportation and Infra- FAA, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Transpor- structure. mitting the Department’s final rule — Air- tation and Infrastructure. 8926. A letter from the Program Analyst, worthiness Directives; DORNIER 8919. A letter from the Program Analyst, FAA, Department of Transportation, trans- LUFTFAHRT GmbH Models 228-100, 228-101, FAA, Department of Transportation, transmitting the Department’s final rule — Air- 228-200, 228-201, 228-202, and 282-212 Airplanes mitting the Department’s final rule — Air- worthiness Directives; Boeing Model 757-200 [Docket No. FAA-2006-24095; Directorate worthiness Directives; Airbus Model A300 B4- Series Airplanes Modified by Supplemental Identifier 2006-CE-21-AD; Amendment 39- 600R Series Airplanes, A300 C4-605R Variant Type Certificate (STC) SA979NE [Docket No. 14624; AD 2006-11-19] (RIN: 2120-AA64) received F Airplanes, A300 F4-600R Series Airplanes; FAA-2006-25175; Directorate Identifier 2006- July 24, 2006, pursuant to 5 U.S.C. and Model A310-300 Series Airplanes [Docket NM-099-AD; Amendment 39-14670; AD 2006-13- 801(a)(1)(A); to the Committee on Transpor- No. FAA-2006-24103; Directorate Identifier 17] (RIN: 2120-AA64) received July 24, 2006, tation and Infrastructure. 2005-NM-241-AD; Amendment 39-14625; AD pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 8912. A letter from the Program Analyst, 2006-12-01] (RIN: 2120-AA64) received July 24, mittee on Transportation and Infrastruc- FAA, Department of Transportation, trans- 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the ture. mitting the Department’s final rule — Air- Committee on Transportation and Infra- 8927. A letter from the Program Analyst, worthiness Directives; Pacific Aerospace structure. FAA, Department of Transportation, trans- Corporation Ltd. Model 750XL Airplanes 8920. A letter from the Program Analyst, mitting the Department’s final rule — Air- [Docket No. FAA-2006-24081; Directorate FAA, Department of Transportation, trans- worthiness Directives; Bell Helicopter Tex- Identifier 2006-CE-15-AD; Amendment 39- mitting the Department’s final rule — Air- tron Canada Model 222, 222B, 222U, 230, and

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\L27JY7.000 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H6015 430 Helicopters [Docket No. FAA-2006-25098; worthiness Directives; Gulfstream Aerospace 2120-AA64) received July 24, 2006, pursuant to Directorate Identifier 2006-SW-12-AD; LP Model Galaxy and Model Gulfstream 200 5 U.S.C. 801(a)(1)(A); to the Committee on Amendment 39-14667; AD 2006-13-14] (RIN: Airplanes [Docket No. FAA-2005-23478; Direc- Transportation and Infrastructure. 2120-AA64) received July 24, 2006, pursuant to torate Identifier 2005-NM-175-AD; Amend- 8943. A letter from the Program Analyst, 5 U.S.C. 801(a)(1)(A); to the Committee on ment 39-14602; AD 2006-10-18] (RIN: 2120-AA64) FAA, Department of Transportation, trans- Transportation and Infrastructure. received July 24, 2006, pursuant to 5 U.S.C. mitting the Department’s final rule — Air- 8928. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- worthiness Directives; Saab Model SAAB- FAA, Department of Transportation, trans- tation and Infrastructure. Fairchild SF340A (SAAB/SF340A) and SAAB mitting the Department’s final rule — Air- 8936. A letter from the Program Analyst, 340B Airplanes [Docket No. FAA-2006-24075; worthiness Directives; Airbus Model A318, FAA, Department of Transportation, trans- Directorate Identifier 2005-NM-235-AD; A319, A320, and A321 Airplanes [Docket No. mitting the Department’s final rule — Air- Amendment 39-14589; AD 2006-10-05] (RIN: FAA-2006-24949; Directorate Identifier 2006- worthiness Directives; Honeywell Inter- 2120-AA64) received July 24, 2006, pursuant to NM-110-AD; Amendment 39-14626; AD 2006-12- national Inc. T5311A, T5311B, T5313B, T5317A, 5 U.S.C. 801(a)(1)(A); to the Committee on 02] (RIN: 2120-AA64) received July 24, 2006, T5317A-1, and T5317B Series Turboshaft En- Transportation and Infrastructure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- gines and Lycoming Former Military T53-L- 8944. A letter from the Program Analyst, mittee on Transportation and Infrastruc- 11B, T53-L-11D, T53-L-13B, T53-L-13B/D, and FAA, Department of Transportation, trans- ture. T53-L-703 Series Turboshaft Engines [Docket mitting the Department’s final rule — Air- 8929. A letter from the Program Analyst, No. 98-ANE-72-AD; Amendment 39-14620; AD worthiness Directives; Bombardier Model FAA, Department of Transportation, trans- 2006-11-16] (RIN: 2120-AA64) received July 24, CL-600-2B19 (Regional Jet Series 100 & 440) mitting the Department’s final rule — Air- 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the Airplanes [Docket No. FAA-2006-23936; Direc- worthiness Directives; Boeing Model 737-100, Committee on Transportation and Infra- torate Identifiier 2005-NM-215-AD; Amend- -200, -200C, -300, -400, and -500 Series Air- structure. ment 39-14590; AD 2006-10-06] (RIN: 2120-AA64) planes [Docket No. FAA 2006-25030; Direc- 8937. A letter from the Program Analyst, received July 24, 2006, pursuant to 5 U.S.C. torate Identifier 2006-NM-109-AD; Amend- FAA, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Transpor- ment 39-14649; AD 2006-12-23] (RIN: 2120-AA64) mitting the Department’s final rule — Air- tation and Infrastructure. received July 24, 2006, pursuant to 5 U.S.C. worthiness Directives; Boeing Model 747 Air- 8945. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- planes [Docket No. FAA-2005-22510; Direc- FAA, Department of Transportation, trans- tation and Infrastructure. torate Identifier 2004-NM-32-AD; Amendment mitting the Department’s final rule — Air- 8930. A letter from the Program Analyst, 39-14600; AD 2006-10-16] (RIN: 2120-AA64) re- worthiness Directives; Pratt & Whitney Can- FAA, Department of Transportation, trans- ceived July 24, 2006, pursuant to 5 U.S.C. ada (PWC) PW535A Turboshaft Engines mitting the Department’s final rule — Air- 801(a)(1)(A); to the Committee on Transpor- [Docket No. FAA-2006-24117; Directorate worthiness Directives; Airbus Model A318, tation and Infrastructure. Identifier 2006-NE-07-AD; Amendment 39- A319, A320, and A321 Airplanes [Docket No. 8938. A letter from the Program Analyst, 14570; AD 2006-08-13] (RIN: 2120-AA64) received FAA-2006-24949; Directorate Identifier 2006- FAA, Department of Transportation, trans- July 24, 2006, pursuant to 5 U.S.C. NM-110-AD; Amendment 39-14626; AD 2006-12- mitting the Department’s final rule — Air- 801(a)(1)(A); to the Committee on Transpor- 02] (RIN: 2120-AA64) received July 24, 2006, worthiness Directives; McDonnell Douglas tation and Infrastructure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Model DC-9-10, DC-9-20, DC-9-30, DC-9-40, and 8946. A letter from the Chief, Regulations mittee on Transportation and Infrastruc- DC-9-50 Series Airplanes; Model DC-9-81 (MD- Mgt., Office of Regulation Policy T Mgt., De- ture. 81), DC-9-82, (MD-82), DC-9-83 (MD-83), and partment of Veterans Affairs, transmitting 8931. A letter from the Program Analyst, DC-9-87 (MD-87) Airplanes; Model MD-88 Air- the Department’s final rule — Definition of FAA, Department of Transportation, trans- planes; Model MD-90-30 Airplanes; and Model Psychosis for Certain VA Purposes (RIN: mitting the Department’s final rule — Air- 717-200 Airplanes [Docket No. FAA-2005-22254; 2900-AK21) received July 27, 2006, pursuant to worthiness Directives; Raytheon Model Directorate Identifier 2005-NM-001-AD; 5 U.S.C. 801(a)(1)(A); to the Committee on HS.125 Series 700A and 700B Airplanes; Model Amendment 39-14598; AD 2006-10-14] (RIN: Veterans’ Affairs. BAe.125 Series 800A (including variants C-29A 2120-AA64) received 24, 2006, pursuant to 5 8947. A letter from the Deputy Director, and U-125), 800B, 1000A, and 1000B Airplanes; U.S.C. 801(a)(1)(A); to the Committee on Regulations & Rulings Div., Alcohol & To- and Hawker 800 (including variant U-125A), Transportation and Infrastructure. bacco Tax & Trade Bureau, Department of 800XP, and 1000 Airplanes [Docket No. FAA- 8939. A letter from the Program Analyst, the Treasury, transmitting the Department’s 2006-25011; Directorate Identifier 2006-NM-118- FAA, Department of Transportation, trans- final rule — Expansion of the Livermore Val- AD; Amendment 39-14646; AD 2006-12-20] (RIN: mitting the Department’s final rule — Air- ley Viticultural Area (2002R-202R) [T.D. TTB- 2120-AA64) received July 24, 2006, pursuant to worthiness Directives; BAE Systems (Oper- 47; Re: Notice No. 43] (RIN: 1513-AA54) re- 5 U.S.C. 801(a)(1)(A); to the Committee on ations) Limited Model BAe 146 Airplanes and ceived July 12, 2006, pursuant to 5 U.S.C. Transportation and Infrastructure. Model Avro 146-RJ Airplanes [Docket No. 801(a)(1)(A); to the Committee on Ways and 8932. A letter from the Program Analyst, FAA-2005-23215; Directorate Identifier 2005- Means. FAA, Department of Transportation, trans- NM-212-AD; Amendment 39-14596; AD 2006-10- 8948. A letter from the Director, Regula- mitting the Department’s final rule — Air- 12] (RIN: 2120-AA64) received July 24, 2006, tions and Rulings Division, Alcohol & To- worthiness Directives; Eurocopter France pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- bacco Tax & Trade Bureau, Department of Model EC130 B4 Helicopters [Docket No. mittee on Transportation and Infrastruc- the Treasury, transmitting the Department’s FAA-2006-24807; Directorate Identifier 2005- ture. final rule — Expansion of San Francisco Bay SW-41-AD; Amendment 39-14603; AD 2006-10- 8940. A letter from the Program Analyst, and Central Coast Viticultural Areas (2002R- 19] (RIN: 2120-AA64) received July 24, 2006, FAA, Department of Transportation, trans- 202R) [T.D. TTB-48; Re: Notice No. 44] (RIN: pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule — Air- 1513-AA55) received July 12, 2006, pursuant to mittee on Transportation and Infrastruc- worthiness Directives; Boeing Model 767-200, 5 U.S.C. 801(a)(1)(A); to the Committee on ture. -300, and -300F Series Airplanes [Docket No. Ways and Means. 8933. A letter from the Program Analyst, FAA-2005-22529; Directorate Identifier 2005- 8949. A letter from the Director, Regula- FAA, Department of Transportation, trans- NM-099-AD; Amendment 39-14592; AD 2006-10- tions and Rulings Division, Alcohol & To- mitting the Department’s final rule — Air- 08] (RIN: 2120-AA64) received July 24, 2006, bacco Tax & Trade Bureau, Department of worthiness Directives; Eurocopter France pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Treasury, transmitting the Department’s Model AS355E, F, F1, F2, and N Helicopters mittee on Transportation and Infrastruc- final rule — Realignment of the Santa Lucia [Docket No. 2003-SW-10-AD; Amendment 39- ture. Highlands and Arroyo Seco Viticultural 14621; AD 2003-21-09 R1] (RIN: 2120-AA64) re- 8941. A letter from the Program Analyst, Areas (2003R-083R) [T.D. TTB-49; Re: Notice ceived July 24, 2006, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- No. 29 and 35] (RIN: 1513-AA72) received July 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule — Air- 12. 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to tation and Infrastructure. worthiness Directives; Hamilton Sundstrand the Committee on Ways and Means. 8934. A letter from the Program Analyst, Model 14RF-9 Propellers [Docket No. FAA- 8950. A letter from the Director, Regula- FAA, Department of Transportation, trans- 2006-24517; Directorate Identifier 2006-NE-18- tions and Rulings Division, Alcohol & To- mitting the Department’s final rule — Air- AD; Amendment 39-14591; AD 2006-10-07] (RIN: bacco Tax & Trade Bureau, Department of worthiness Directives; Sikorsky Aircraft 2120-AA64) received July 24, 2006, pursuant to the Treasury, transmitting the Department’s Corporation Model S-92A Helicopters [Dock- 5 U.S.C. 801(a)(1)(A); to the Committee on final rule — Establishment of the Saddle et No. FAA-2006-24875; Directorate Identifier Transportation and Infrastructure. Rock-Malibu Viticultural Area (2003R-110P) 2006-SW-03-AD; Amendment 39-14618; AD 2006- 8942. A letter from the Program Analyst, [T.D. TTB-52; Re: Notice No. 55] (RIN: 1513- 11-14] (RIN: 2120-AA64) received July 24, 2006, FAA, Department of Transportation, trans- AB15) received July 20, 2006, pursuant to 5 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule — Air- U.S.C. 801(a)(1)(A); to the Committee on mittee on Transportation and Infrastruc- worthiness Directives; Boeing Model 747- Ways and Means. ture. 200B, 747-200C, 747-200F, 747-300, 747-400, and 8951. A letter from the Director, Regula- 8935. A letter from the Program Analyst, 747SP Series Airplanes [Docket No. FAA- tions and Rulings Division, Alcohol & To- FAA, Department of Transportation, trans- 2006-23819; Directorate Identifier 2005-NM-223- bacco Tax & Trade Bureau, Department of mitting the Department’s final rule — Air- AD; Amendment 39-14588; AD 2006-10-04] (RIN: the Treasury, transmitting the Department’s

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\L27JY7.000 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H6016 CONGRESSIONAL RECORD — HOUSE July 27, 2006 final rule — Establishment of the Eola- empt Entities Are Parties and Related Dis- the Committees on International Relations Amity Hills Viticultural Area (2002R-216P) closure Requirements [Notice 2006-65] re- and Appropriations. received July 20, 2006, pursuant to 5 U.S.C. ceived July 20, 2006, pursuant to 5 U.S.C. 8971. A letter from the Deputy Director of 801(a)(1)(A); to the Committee on Ways and 801(a)(1)(A); to the Committee on Ways and Communications and Legislative Affairs, Means. Means. Equal Employment Opportunity Commis- 8952. A letter from the Director, Regula- 8962. A letter from the Chief, Publications sion, transmitting the Commission’s Annual tions and Rulings Division, Alcohol & To- and Regulations Branch, Internal Revenue Report on the Federal Work Force for Fiscal bacco Tax & Trade Bureau, Department of Service, transmitting the Service’s final rule Year 2005, pursuant to 42 U.S.C. 2000e-4(e); the Treasury, transmitting the Department’s — Employer Comparable Contributions to jointly to the Committees on Government final rule — Establishment of the Alta Mesa, Health Savings Accounts under Section Reform and Education and the Workforce. Borden Ranch, Clements Hills, Cosumnes 4980G [TD 9277] (RIN: 1545-BE30) received 8972. A letter from the President & CEO, River, Jahant, Mokelumne River, and July 26, 2006, pursuant to 5 U.S.C. Overseas Private Investment Corporation, Sloughhouse Viticultural Areas [T.D. TTB- 801(a)(1)(A); to the Committee on Ways and transmitting the Corporation’s annual Man- 50; RE: Notice No. 50] (RIN: 1513-1182) re- Means. agement Report for FY 2005, Performance ceived July 20, 2006, pursuant to 5 U.S.C. 8963. A letter from the Chief, Publications Budget for FY 2007, Performance and Ac- 801(a)(1)(A); to the Committee on Ways and and Regulations Branch, Internal Revenue countability Report for FY 2005, and Report Means. Service, transmitting the Service’s final rule on Development and U.S. Effects on OPIC’s 8953. A letter from the Assistant Chief — Weighted Average Interest Rate Update FY 2005 projects and Report on Cooperation Counsel, Employee Benefits, Internal Rev- [Notice 2006-66] received July 27, 2006, pursu- with Private Insurers, pursuant to 31 U.S.C. enue Service, transmitting the Service’s ant to 5 U.S.C. 801(a)(1)(A); to the Committee 9106; jointly to the Committees on Govern- final rule — Interim Guidance on the Appli- on Ways and Means. ment Reform and International Relations. cation of Section 409A to Accelerated Pay- 8964. A letter from the Chief, Publications 8973. A letter from the Assistant Secretary ments to Satisfy Federal Conflict of Interest and Regulations Branch, Internal Revenue for Legislative Affairs, Department of State, Requirements [Notice 2006-64] received July Service, transmitting the Service’s final rule transmitting a copy of a draft bill entitled, 6, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to — Coordinated Issue: Claim Revenue under a ‘‘To implement the Convention on the Con- the Committee on Ways and Means. Long-term Contract (Uniform Issue List 8954. A letter from the Assistant Chief Number: 460.02-04) received July 26, 2006, pur- servation and Management of Highly Migra- Counsel, Employee Benefits, Internal Rev- suant to 5 U.S.C. 801(a)(1)(A); to the Com- tory Fish Stocks in the Western and Central enue Service, transmitting the Service’s mittee on Ways and Means. Pacific Ocean’’; jointly to the Committees final rule — Industry Issue Resolution Re- 8965. A letter from the Secretary, Depart- on Resources and the Judiciary. garding the Work Opportunity and Welfare- ment of Agriculture, transmitting the De- 8974. A letter from the Director, Office of to-Work Tax Credits (Announcement 2006-49) partment’s report on the Department’s con- National Drug Control Policy, transmitting received July 6, 2006, pursuant to 5 U.S.C. tracting out policies, including agency budg- the Administration’s Synthetic Drug Control 801(a)(1)(A); to the Committee on Ways and ets for contracting out, as required by Pub. Strategy; jointly to the Committees on the Means. L. 109-97, Title 1; jointly to the Committees Judiciary and Energy and Commerce. 8955. A letter from the Assistant Chief on Appropriations and Government Reform. 8975. A letter from the Secretary, Depart- Counsel, Employee Benefits, Internal Rev- 8966. A letter from the Secretary, Depart- ment of Homeland Security, transmitting enue Service, transmitting the Service’s ment of Agriculture, transmitting the De- notification of the actions the Secretary has final rule — Definition of ‘‘amount involved’’ partment’s report on the Department’s con- taken regarding security measures at Port- and ’’correction’’ (Rev. Rul. 2006-38) received tracting out policies, including agency budg- au-Prince International Airport, Port-au- July 6, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); ets for contracting out, as required by Pub. Prince, Haiti, pursuant to 49 U.S.C. to the Committee on Ways and Means. L. 109-97, Title 1; jointly to the Committees 44907(d)(1); jointly to the Committees on 8956. A letter from the Chief, Publications on Appropriations and Government Reform. Transportation and Infrastructure and Inter- and Regulations Branch, Internal Revenue 8967. A letter from the Assistant Secretary national Relations. Service, transmitting the Service’s final rule for Legislative Affairs, Department of State, 8976. A letter from the Secretary, Depart- — Field Directive on Asset Class and Depre- transmitting a report assessing the voting ment of Labor, transmitting a copy of a ciation for Casino Construction Costs — re- practices of the governments of UN members draft bill entitled, ‘‘Unemployment Com- ceived July 13, 2006, pursuant to 5 U.S.C. states in the General Assembly and Security pensation Program Integrity Act of 2006’’; 801(a)(1)(A); to the Committee on Ways and Council for 2005, and evaluating the actions jointly to the Committees on Ways and Means. and responsiveness of those governments to Means and Government Reform. 8957. A letter from the Chief, Publications United States policy on issues of special im- 8977. A letter from the Chairman, Medicare and Regulations Branch, Internal Revenue portance to the United States, pursuant to Payment Advisory Commission, transmit- Service, transmitting the Service’s final rule Public Law 101-167, section 527(a) Public Law ting a copy of the Commission’s ‘‘June 2006 — Effect of Elections in Certain Multi-Step 101-246, section 406; jointly to the Commit- Report to the Congress: Increasing the Value Transactions [TD 9271] (RIN: 1545-BB68) re- tees on International Relations and Appro- of Medicare’’; jointly to the Committees on ceived July 13, 2006, pursuant to 5 U.S.C. priations. Ways and Means and Energy and Commerce. 801(a)(1)(A); to the Committee on Ways and 8968. A letter from the Assistant Secretary Means. for Legislative Affairs, Department of State, 8958. A letter from the Acting Chief, Publi- transmitting pursuant to section 7(a) of the f cations and Regulations, Internal Revenue Jerusalem Embassy Act of 1995 (Pub. L. 104- Service, transmitting the Service’s final rule 45), a copy of Presidential Determination No. REPORTS OF COMMITTEES ON — Disclosures of Return Information by Cer- 2006-15 suspending the limitation on the obli- PUBLIC BILLS AND RESOLUTIONS tain Officers and Employees for Investgative gation of the State Department Appropria- Purposes [TD 9274] (RIN: 1545-BB16) received tions contained in sections 3(b) and 7(b) of Under clause 2 of rule XIII, reports of July 13, 2006, pursuant to 5 U.S.C. that Act for six months as well as the peri- committees were delivered to the Clerk 801(a)(1)(A); to the Committee on Ways and odic report provided for under Section 6 of for printing and reference to the proper Means. the Act covering the period from December calendar, as follows: 8959. A letter from the Chief, Publications 15, 2005 to the present; jointly to the Com- & Regulations Branch, Internal Revenue mittees on International Relations and Ap- Mr. OXLEY: Committee on Financial Serv- Service, transmitting the Service’s final rule propriations. ices. H.R. 5039. A bill to establish a program — Determination of Issue Price in the Case 8969. A letter from the Ambassador, De- to revitalize rural multifamily housing as- of Certain Debt Instruments Issued for Prop- partment of State, transmitting a report resisted under the Housing Act of 1949; with an erty (Rev. Rul. 2006-39) received July 20, 2006, quired by Section 653(a) of the Foreign As- amendment (Rept. 109–604). Referred to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- sistance Act of 1961, as amended, for the Committee of the Whole House on the State mittee on Ways and Means. funds appropriated by the Foreign Oper- of the Union. 8960. A letter from the Chief, Publications ations, Export Financing, and Related Pro- Mr. OXLEY: Committee on Financial Serv- and Regulations, Internal Revenue Service, grams Appropriations Act, 2004, as enacted ices. H.R. 5347. A bill to reauthorize the transmitting the Service’s final rule — Re- in Public Law 108-199, for Development As- HOPE VI program for revitalization of public porting of Gross Proceeds Payments to At- sistance and Child Survival and Health Pro- housing projects (Rept. 109–605). Referred to torneys [TD 9270] (RIN: 1545-AW72) received grams; jointly to the Committees on Inter- the Committee of the Whole House on the July 20, 2006, pursuant to 5 U.S.C. national Relations and Appropriations. State of the Union. 801(a)(1)(A); to the Committee on Ways and 8970. A letter from the Assistant Secretary Mr. HASTINGS of Washington: Committee Means. for Legislative Affairs, Department of State, on Rules. House Resolution 958. Resolution 8961. A letter from the Chief, Publications transmitting a Determination and Memo- waiving a requirement of clause 6(a) of rule and Regulations Branch, Internal Revenue randum of Justification pursuant to Section XIII with respect to consideration of certain Service, transmitting the Service’s final rule 589 of the Foreign Operations, Export Fi- resolutions reported from the Committee on — Excise Taxes With Respect To Prohibited nancing and Related Program Appropria- Rules (Rept. 109–606). Referred to the House Tax Shelter Transactions to Which Tax-Ex- tions Act of 2006, Pub. L. 109-102; jointly to Calendar.

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\L27JY7.000 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE July 27, 2006 CONGRESSIONAL RECORD — HOUSE H6017 PUBLIC BILLS AND RESOLUTIONS additional authorities to ensure the safe and 950 Missouri Avenue in East St. Louis, Illi- effective use of drugs, to establish whistle- Under clause 2 of rule XII, public nois, as the ‘‘Katherine Dunham Post Office blower protections for certain individuals, Building’’; to the Committee on Government bills and resolutions were introduced and for other purposes; to the Committee on Reform. and severally referred, as follows: Energy and Commerce. By Mr. CRAMER: By Mr. KENNEDY of Minnesota (for By Mr. ACKERMAN (for himself, Mr. H.R. 5930. A bill to establish the Muscle himself and Mr. CASE): BISHOP of New York, Mr. ISRAEL, Mr. Shoals National Heritage Area in the State H.R. 5915. A bill to require that the Teach- KING of New York, Mrs. MCCARTHY, of Alabama, and for other purposes; to the er Incentive Fund of the Department of Edu- Mr. MEEKS of New York, Mr. CROW- Committee on Resources. cation and other programs to support merit- LEY, Mr. NADLER, Mr. WEINER, Mr. By Mr. DOYLE (for himself, Mrs. BONO, ´ based teacher compensation systems award TOWNS, Mr. OWENS, Ms. VELAZQUEZ, Mr. VAN HOLLEN, Mr. WYNN, and Mr. its grant funds to support compensation sys- Mr. FOSSELLA, Mrs. MALONEY, Mr. MCHUGH): tems that are based primarily or exclusively RANGEL, Mr. SERRANO, Mr. ENGEL, H.R. 5931. A bill to improve efficiency in on student learning gains or maintenance of Mrs. LOWEY, Mrs. KELLY, Mr. high student learning gains, or both; to the the Federal Government through the use of SWEENEY, Mr. MCNULTY, Mr. HIN- high-performance green buildings, and for Committee on Education and the Workforce. CHEY, Mr. MCHUGH, Mr. BOEHLERT, By Mr. DINGELL (for himself, Mr. other purposes; to the Committee on Energy Mr. WALSH, Mr. REYNOLDS, Mr. HIG- and Commerce, and in addition to the Com- BROWN of Ohio, Mr. WAXMAN, Mr. GINS, Ms. SLAUGHTER, and Mr. KUHL MARKEY, Mr. BOUCHER, Mr. TOWNS, mittees on Government Reform, Science, of New York): and Transportation and Infrastructure, for a Mr. PALLONE, Mr. GORDON, Mr. RUSH, H.R. 5923. A bill to designate the facility of period to be subsequently determined by the Ms. ESHOO, Mr. STUPAK, Mr. ENGEL, the United States Postal Service located at Speaker, in each case for consideration of Mr. WYNN, Mr. GENE GREEN of Texas, 29-50 Union Street in Flushing, New York, as such provisions as fall within the jurisdic- Mr. STRICKLAND, Ms. DEGETTE, Mrs. the ‘‘Dr. Leonard Price Stavisky Post Of- CAPPS, Mr. DOYLE, Mr. ALLEN, Mr. fice’’; to the Committee on Government Re- tion of the committee concerned. DAVIS of Florida, Ms. SCHAKOWSKY, form. By Mr. EVERETT (for himself, Mr. Ms. SOLIS, Mr. GONZALEZ, Mr. INSLEE, By Mr. BAKER: BONNER, and Mr. ROGERS of Ala- Ms. BALDWIN, and Mr. ROSS): H.R. 5924. A bill to amend the Small Busi- bama): H.R. 5916. A bill to amend part B of title ness Act to provide for loan guarantees for H.R. 5932. A bill to amend the Internal Rev- XVIII of the Social Security Act to provide certain private disaster loans; to the Com- enue Code of 1986 to authorize agricultural for an increase in payment for physicians’ mittee on Small Business. producers to establish and contribute to tax- services under the Medicare Program for 2007 By Mr. BARTLETT of Maryland: exempt farm risk management accounts in and 2008; to the Committee on Energy and H.R. 5925. A bill to provide for Federal re- lieu of obtaining federally subsidized crop in- Commerce, and in addition to the Committee search, development, demonstration, and surance or noninsured crop assistance, to on Ways and Means, for a period to be subse- commercial application activities to enable provide for contributions to such accounts quently determined by the Speaker, in each the development of farms that are net pro- by the Secretary of Agriculture, to specify case for consideration of such provisions as ducers of both food and energy, and for other the situations in which amounts may be paid fall within the jurisdiction of the committee purposes; to the Committee on Science, and to producers from such accounts, and to concerned. in addition to the Committee on Agriculture, limit the total amount of such distributions By Mr. SODREL (for himself, Mr. for a period to be subsequently determined to a producer during a taxable year, and for HUNTER, Mr. MCHENRY, Mr. ROHR- by the Speaker, in each case for consider- other purposes; to the Committee on Ways ABACHER, Mr. KUHL of New York, ation of such provisions as fall within the ju- and Means, and in addition to the Committee Mrs. BLACKBURN, Mr. PENCE, Mr. SIM- risdiction of the committee concerned. on Agriculture, for a period to be subse- MONS, Mr. GERLACH, Mr. PAUL, and By Ms. BERKLEY: quently determined by the Speaker, in each Ms. HARRIS): H.R. 5926. A bill to provide for the energy case for consideration of such provisions as independence of the United States; to the H.R. 5917. A bill to amend the Internal Rev- fall within the jurisdiction of the committee Committee on Ways and Means, and in addi- enue Code of 1986 to provide that tips re- concerned. tion to the Committees on Resources, En- ceived for certain services shall not be sub- By Mr. FEENEY (for himself and Mr. ergy and Commerce, and Science, for a pe- ject to income or employment taxes; to the MEEKS of New York): Committee on Ways and Means. riod to be subsequently determined by the H.R. 5933. A bill to provide for the admis- By Mr. PITTS (for himself, Mr. LAN- Speaker, in each case for consideration of sion to the United States of nonimmigrant TOS, Mr. PENCE, Mr. SMITH of New such provisions as fall within the jurisdic- business facilitation visitors; to the Com- Jersey, Mr. SOUDER, Mr. MCGOVERN, tion of the committee concerned. mittee on the Judiciary. Mr. HONDA, Mr. WAMP, Mr. By Mr. CARDIN: H.R. 5927. A bill to provide energy inde- By Mr. GOODE: MCCOTTER, Mr. BOEHLERT, Mr. pendence to Americans, to increase the effi- PAYNE, and Mr. ROHRABACHER): H.R. 5934. A bill to amend the Small Busi- H.R. 5918. A bill to amend the Immigration ciency and decrease the environmental im- ness Act to revise the definition of a and Nationality Act to protect vulnerable pact of America’s energy policy, to increase HUBZone with respect to counties that are refugees and asylum seekers; to the Com- America’s research and development in en- highly rural but adjacent to urban areas; to mittee on the Judiciary. ergy, and to encourage the development and the Committee on Small Business. By Mr. LIPINSKI (for himself and Mr. use of renewable forms of energy; to the By Mr. GREEN of Wisconsin: OSBORNE): Committee on Energy and Commerce, and in H.R. 5935. A bill to amend title XVIII of the H.R. 5919. A bill to empower parents to pro- addition to the Committees on Ways and Social Security Act to provide for an adjust- tect children from increasing depictions of Means, Transportation and Infrastructure, ment to the reduction of Medicare resident indecent material on television; to the Com- Government Reform, and Science, for a pe- positions based on settled cost reports; to mittee on Energy and Commerce. riod to be subsequently determined by the the Committee on Ways and Means. By Mr. WOLF (for himself, Mr. Speaker, in each case for consideration of By Mrs. LOWEY: such provisions as fall within the jurisdic- SCHWARZ of Michigan, Mr. TOM DAVIS H.R. 5936. A bill to amend title II of the So- tion of the committee concerned. of Virginia, Mr. MORAN of Virginia, cial Security Act to credit prospectively in- By Mr. CHANDLER (for himself, Mr. Mr. VAN HOLLEN, Mr. HOYER, Mr. LIN- dividuals serving as caregivers of dependent GEORGE MILLER of California, Ms. COLN DIAZ-BALART of Florida, Mr. relatives with deemed wages for up to five WOOLSEY, Ms. MCCOLLUM of Min- JONES of North Carolina, Ms. NOR- years of such service; to the Committee on nesota, Mr. CONYERS, Mr. HOLT, Mr. TON, Mr. MCCOTTER, and Mr. SIM- Ways and Means. HINOJOSA, Mr. GONZALEZ, Mr. CASE, MONS): By Mrs. LOWEY: H.R. 5920. A bill to amend the Internal Rev- Mr. OWENS, Mr. HOLDEN, Mr. DAVIS of enue Code of 1986 to exclude from gross in- Illinois, Mrs. TAUSCHER, Mr. MOORE H.R. 5937. A bill to assure equitable treat- come certain combat zone compensation of of Kansas, Mr. STARK, Mr. COSTA, and ment in health care coverage of prescription civilian employees of the United States; to Mr. PAYNE): drugs under group health plans, health insur- the Committee on Ways and Means. H.R. 5928. A bill to direct the Secretary of ance coverage, Medicare and Medicaid man- By Mr. SENSENBRENNER (for him- Education to make grants and low-interest aged care arrangements, Medigap insurance self, Mr. COBLE, and Mr. SMITH of loans to local educational agencies for the coverage, and health plans under the Federal Texas): construction, modernization, or repair of employees’ health benefits program H.R. 5921. A bill to amend titles 17 and 18, public kindergarten, elementary, and sec- (FEHBP); to the Committee on Energy and United States Code, to strengthen the pro- ondary educational facilities, and for other Commerce, and in addition to the Commit- tection of intellectual property, and for purposes; to the Committee on Education tees on Ways and Means, Education and the other purposes; to the Committee on the Ju- and the Workforce. Workforce, and Government Reform, for a diciary. By Mr. COSTELLO (for himself and Mr. period to be subsequently determined by the By Mr. MARKEY: CLAY): Speaker, in each case for consideration of H.R. 5922. A bill to amend the Federal H.R. 5929. A bill to designate the facility of such provisions as fall within the jurisdic- Food, Drug, and Cosmetic Act to establish the United States Postal Service located at tion of the committee concerned.

VerDate Aug 31 2005 02:03 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\L27JY7.100 H27JYPT1 CCOLEMAN on PROD1PC71 with HOUSE H6018 CONGRESSIONAL RECORD — HOUSE July 27, 2006 By Mrs. LOWEY: H.R. 5947. A bill to correct an inequity in Celiac Awareness Month, and for other pur- H.R. 5938. A bill to reduce childhood obe- eligibility for military retired pay based on poses; to the Committee on Energy and Com- sity, and for other purposes; to the Com- nonregular service in the case of certain merce. mittee on Energy and Commerce, and in ad- members of the reserve components com- By Mr. VAN HOLLEN: dition to the Committee on Education and pleting their reserve service before 1966, and H. Con. Res. 458. Concurrent resolution the Workforce, for a period to be subse- for other purposes; to the Committee on congratulating the National Library of Medi- quently determined by the Speaker, in each Armed Services. cine on the occasion of its 50th anniversary; case for consideration of such provisions as By Mr. SMITH of New Jersey (for him- to the Committee on Energy and Commerce. fall within the jurisdiction of the committee self, Mr. LANTOS, and Mr. MCCOTTER): By Mr. BOEHNER: concerned. H.R. 5948. A bill to reauthorize the Belarus H. Res. 957. A resolution directing the Ser- By Mr. DANIEL E. LUNGREN of Cali- Democracy Act of 2004; to the Committee on geant at Arms of the House of Representa- fornia (for himself, Mr. COBLE, Mr. International Relations, and in addition to tives to deliver the mace of the House of SMITH of Texas, and Mr. FORBES): the Committees on the Judiciary, and Finan- Representatives to the Secretary of the H.R. 5939. A bill to amend title 18, United cial Services, for a period to be subsequently Smithsonian Institution for necessary re- States Code, to improve the criminal law re- determined by the Speaker, in each case for pairs; considered and agreed to. lating to terrorism, and for other purposes; consideration of such provisions as fall with- By Mr. CAMP of Michigan (for himself, to the Committee on the Judiciary. in the jurisdiction of the committee con- Mr. HERGER, Mr. MCDERMOTT, Mr. By Mrs. MALONEY (for herself, Mr. cerned. OBERSTAR, Ms. GINNY BROWN-WAITE OSBORNE, and Mr. HINCHEY): By Mr. SMITH of Washington (for him- of Florida, Mr. WILSON of South Caro- H.R. 5940. A bill to direct the Secretary of self and Mr. DICKS): lina, Mr. CARNAHAN, Mr. ROGERS of Health and Human Services to conduct or H.R. 5949. A bill to authorize a major med- Michigan, Mr. SHAW, and Mr. support a comprehensive study comparing ical facility project for the Department of ENGLISH of Pennsylvania): total health outcomes, including risk of au- Veterans Affairs at the Department of Vet- H. Res. 959. A resolution recognizing and tism, in vaccinated populations in the erans Affairs Medical Center, American supporting the success of the Adoption and United States with such outcomes in Lake, Washington; to the Committee on Vet- Safe Families Act of 1997 in increasing adop- unvaccinated populations in the United erans’ Affairs. tion and the efforts the Act has spurred in- States, and for other purposes; to the Com- By Mr. UDALL of New Mexico: cluding National Adoption Day and National mittee on Energy and Commerce. H.R. 5950. A bill to repeal certain tax sub- Adoption Month, and encouraging adoption By Mrs. MALONEY (for herself, Mr. sidies enacted by the Energy Policy Act of throughout the year; to the Committee on GEORGE MILLER of California, Mr. 2005 for oil and gas, to allow a credit against Ways and Means. BECERRA, Ms. DELAURO, Mr. income tax for farm diesel expenses, and to By Mr. FLAKE (for himself, Mr. PENCE, GRIJALVA, Mr. CLAY, Mr. allow a credit to farmers who produce bio- Mrs. MYRICK, and Mr. CASE): MCDERMOTT, Mr. SHAYS, and Mr. diesel and agri-biodiesel; to the Committee H. Res. 960. A resolution amending the SANDERS): on Ways and Means. Rules of the House of Representatives to H.R. 5941. A bill to establish certain re- By Mr. UDALL of New Mexico (for limit gifts to Members, officers, and employ- quirements relating to the continuation of himself, Ms. WOOLSEY, and Mr. ees of the House from State and local gov- the Survey of Income and Program Partici- MORAN of Virginia): ernments; to the Committee on Rules. pation; to the Committee on Government H.R. 5951. A bill to improve the health of By Ms. ROS-LEHTINEN (for herself, Reform. Americans and reduce health care costs by Mr. GENE GREEN of Texas, Mr. TIBERI, By Mr. MARSHALL: reorienting the Nation’s health care system Mr. MACK, Mr. MCINTYRE, Mr. H.R. 5942. A bill to require Congressional toward prevention, wellness, and self care; to MCNULTY, Mr. WAXMAN, Mr. approval for implementation of a severity- the Committee on Energy and Commerce, PALLONE, Mr. GRIJALVA, Mr. adjusted inpatient prospective payment sys- and in addition to the Committees on Ways DOGGETT, Ms. JACKSON-LEE of Texas, tem for rural hospitals under the Medicare and Means, Education and the Workforce, Mr. HINCHEY, Mr. JEFFERSON, Mr. Program; to the Committee on Ways and and Government Reform, for a period to be SCOTT of Georgia, Mr. PAYNE, Mr. Means. subsequently determined by the Speaker, in ORTIZ, Mr. FITZPATRICK of Pennsyl- By Mr. MCCAUL of Texas (for himself, each case for consideration of such provi- vania, Mr. BONNER, Mr. HAYWORTH, Mr. KING of New York, Mr. ROGERS of sions as fall within the jurisdiction of the Mr. MCCOTTER, Mr. SHAW, Mr. Alabama, Mr. REICHERT, Mr. POE, and committee concerned. WEXLER, Mr. RAMSTAD, and Mr. LIN- Mr. JINDAL): By Ms. VELA´ ZQUEZ (for herself, Mr. COLN DIAZ-BALART of Florida): H.R. 5943. A bill to amend the Homeland OWENS, Mr. SERRANO, Mr. RANGEL, H. Res. 961. A resolution encouraging the establishment of programs to increase public Security Act of 2002 to prevent waste, fraud, Mr. LIPINSKI, and Ms. BORDALLO): and abuse in emergency assistance programs H.R. 5952. A bill to increase access to and awareness of vision disorders in children; to administered by the Department of Home- consumption of fresh fruits, vegetables, and the Committee on Energy and Commerce. land Security; to the Committee on Home- healthy alternatives in low-income commu- By Mr. STEARNS: land Security, and in addition to the Com- nities with high incidences of obesity and H. Res. 962. A resolution recognizing the mittee on Transportation and Infrastruc- obesity-related disease; to the Committee on 200th anniversary of the sovereignty of the Principality of Liechtenstein, and expressing ture, for a period to be subsequently deter- Energy and Commerce, and in addition to the support for efforts by the United States mined by the Speaker, in each case for con- the Committees on Small Business, and to continue to strengthen its relationship sideration of such provisions as fall within Ways and Means, for a period to be subse- with that country; to the Committee on the jurisdiction of the committee concerned. quently determined by the Speaker, in each International Relations. By Mr. NADLER: case for consideration of such provisions as H.R. 5944. A bill to amend title 18, United fall within the jurisdiction of the committee f States Code, to protect our children from concerned. MEMORIALS child pornographers; to the Committee on By Mr. WYNN (for himself, Mrs. BONO, the Judiciary. Mr. DENT, Mr. TERRY, Mr. CALVERT, Under clause 3 of rule XII, memorials By Mr. PALLONE (for himself and Mr. Mr. BUYER, Mr. INGLIS of South Caro- were presented and referred as follows: STARK): lina, Mr. RUSH, Mr. MEEHAN, Mr. 430. The SPEAKER presented a memorial H.R. 5945. A bill to amend title XI of the ROSS, and Mr. LARSON of Con- of the House of Representatives of the State Social Security Act to protect the privacy of necticut): of Texas, relative to House Resolution No. drug prescriber information; to the Com- H.R. 5953. A bill to provide for the estab- 1300 memorializing the Congress of the mittee on Energy and Commerce. lishment of the Commission for the Deploy- United States to enact legislation relating to By Mr. POMBO (for himself, Mr. ABER- ment of Hydrogen and Fuel Cells, and for the assessment of penalties by a financial in- CROMBIE, Mr. YOUNG of Alaska, Mr. other purposes; to the Committee on stitution for an insufficient funds check; to SAXTON, and Mr. GILCHREST): Science, and in addition to the Committee the Committee on Financial Services. H.R. 5946. A bill to amend Magnuson-Ste- on Energy and Commerce, for a period to be 431. Also, a memorial of the Legislature of vens Fishery Conservation and Management subsequently determined by the Speaker, in the State of Idaho, relative to House Joint Act to authorize activities to promote im- each case for consideration of such provi- Memorial No. 18 urging support for and adop- proved monitoring and compliance for high sions as fall within the jurisdiction of the tion of amendments proposed to the No Child seas fisheries, or fisheries governed by inter- committee concerned. Left Behind Act contained in H.R. 1177; to national fishery management agreements, By Mrs. JO ANN DAVIS of Virginia: the Committee on Education and the Work- and for other purposes; to the Committee on H. Con. Res. 455. Concurrent resolution rec- force. Resources. ognizing the role of the National Guard and 432. Also, a memorial of the Senate of the By Mr. SCOTT of Virginia (for himself, State volunteers in protecting our Nation’s State of Texas, relative to a letter sup- Mr. GRIJALVA, Mr. BISHOP of Georgia, borders. porting H.R. 9, the Fannie Lou Hamer, Rosa Mrs. MALONEY, Mr. MCGOVERN, Mr. By Mrs. LOWEY: Parks, and Coretta Scott King Voting Rights LYNCH, Mr. PAYNE, Mr. CONYERS, Ms. H. Con. Res. 457. Concurrent resolution Act Reauthorization and Amendments Act of LEE, and Mr. CLEAVER): supporting the goals and ideals of National 2006; to the Committee on the Judiciary.

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433. Also, a memorial of the House of Rep- H.R. 4315: Mr. JINDAL and Mr. ANDREWS. H.R. 5735: Mr. STARK. resentatives of the State of Texas, relative H.R. 4341: Mr. MARSHALL and Mr. GREEN of H.R. 5751: Mr. CARTER, Mr. MCCAUL of to House Resolution No. 106 memorializing Wisconsin. Texas, Mr. KUHL of New York, Mr. KENNEDY the Congress of the United States to post- H.R. 4537: Mr. AL GREEN of Texas. of Minnesota, and Mr. MCCOTTER. humously bewtow the Congressional Medal H.R. 4547: Mr. ORTIZ, Mr. FOLEY, and Mr. H.R. 5755: Mr. CALVERT, Mr. LYNCH, Mr. of Honor upon Doris ‘‘Dorie’’ Miller and to WHITFIELD. SAXTON, Mr. HUNTER, Mr. SKELTON, Miss request the U.S. Postal Service issue a com- H.R. 4560: Ms. MOORE of Wisconsin. MCMORRIS, and Mr. WILSON of South Caro- memorative postage stamp to honor Miller; H.R. 4562: Mr. REICHERT, Mr. GREEN of Wis- lina. jointly to the Committees on Armed Serv- consin, Mr. BACHUS, Mr. BRADY of Texas, Mr. H.R. 5771: Ms. WATSON, Mr. KENNEDY of ices and Government Reform. GUTKNECHT, Mr. EHLERS, Mr. PITTS, Mr. Rhode Island, Mr. SERRANO, Ms. SOLIS, and HERGER, Mr. FRELINGHUYSEN, Ms. Mr. SMITH of Washington. f ´ VELAZQUEZ, and Mr. RUPPERSBERGER. H.R. 5791: Mr. AKIN, Mr. PLATTS, Mr. H.R. 4597: Mrs. CHRISTENSEN, Mr. SAM ADDITIONAL SPONSORS SHAYS, Mr. MCCOTTER, Mr. RYAN of Ohio, Mr. JOHNSON of Texas, Mr. DANIEL E. LUNGREN of MCNULTY, Mr. BERRY, and Mr. RUSH. Under clause 7 of rule XII, sponsors California, Mr. MCDERMOTT, Mr. H.R. 5795: Ms. ROYBAL-ALLARD, Ms. NEUGEBAUER, Mr. TAYLOR of North Carolina, were added to public bills and resolu- SCHWARTZ of Pennsylvania, Mrs. MCCARTHY, Mr. UDALL of New Mexico, Ms. WATSON, and tions as follows: Mr. MCDERMOTT, Ms. BERKLEY, Ms. JACKSON- Mr. SCHWARZ of Michigan. H.R. 328: Mr. RAHALL. LEE of Texas, Mr. DEFAZIO, Ms. WOOLSEY, H.R. 4618: Mr. FEENEY. H.R. 550: Mr. FORTUN˜ O, and Mr. DAVIS of Ms. DEGETTE, and Mr. JACKSON of Illinois. H.R. 4747: Mr. KUCINICH. Alabama. H.R. 5805: Mr. CALVERT, Ms. JACKSON-LEE H.R. 4766: Mr. UDALL of New Mexico and H.R. 566: Mr. SERRANO, Mr. SANDERS, and of Texas, Mr. SCHWARZ of Michigan, and Mr. Mr. UDALL of Colorado. Mr. BROWN of Ohio. KUHL of New York. H.R. 4829: Mr. ENGLISH of Pennsylvania. H.R. 615: Mr. WAMP. H.R. 4896: Mr. WAXMAN, Ms. ZOE LOFGREN H.R. 5807: Mr. ACKERMAN. H.R. 668: Mr. SANDERS and Ms. DELAURO. of California, and Mr. LIPINSKI. H.R. 5825: Mr. SCHWARZ of Michigan, Mr. H.R. 699: Mr. STUPAK and Mr. KUCINICH. H.R. 4910: Mr. TERRY. MILLER of Florida, and Mrs. MYRICK. H.R. 791: Mr. LOBIONDO. H.R. 4922: Ms. ROS-LEHTINEN and Mr. H.R. 5835: Mr. SMITH of Washington, Mr. H.R. 808: Ms. BEAN. FOSSELLA. CALVERT, Mr. SCHWARZ of Michigan, and Mr. H.R. 817: Mr. TIAHRT, Mr. SHUSTER, Mr. H.R. 4927: Mr. LARSEN of Washington. KUHL of New York. LAHOOD, Mrs. CUBIN, Mr. COSTA, Mrs. H.R. 4949: Mr. CROWLEY. H.R. 5837: Mr. HINCHEY. MYRICK, Mr. WALDEN of Oregon, Mr. HOEK- H.R. 4953: Mr. HIGGINS. H.R. 5853: Mr. PETRI. STRA, Mr. OSBORNE, Mrs. BLACKBURN, Mr. H.R. 4956: Mr. BUTTERFIELD, Ms. BORDALLO, H.R. 5858: Mr. PAYNE, Ms. JACKSON-LEE of BEAUPREZ, Mr. SERRANO, Mrs. JO ANN DAVIS Mr. LARSON of Connecticut, Mr. TANNER, Mr. Texas, Mr. SERRANO, Mrs. NAPOLITANO, Mr. of Virginia, Mr. SHERWOOD, Mr. GUTKNECHT, UDALL of New Mexico, Mr. UDALL of Colo- MCDERMOTT, and Mr. CASE. Mr. BOOZMAN, and Miss MCMORRIS. rado, and Mrs. TAUSCHER. H.R. 5862: Mr. MCHENRY, Mr. GOODE, Mr. H.R. 901: Mr. HYDE. H.R. 4982: Mr. HOLT and Mr. SPRATT. PRICE of Georgia, Mr. PENCE, Mr. PITTS, Mr. H.R. 952: Mr. RAHALL. H.R. 5022: Mr. ROHRABACHER, Mr. PASTOR, SAM JOHNSON of Texas, Mrs. MYRICK, Mr. H.R. 1227: Mr. JACKSON of Illinois and Mr. and Mr. JACKSON of Illinois. GUTKNECHT, Mr. GINGREY, Mr. TIAHRT, Mr. SHAW. H.R. 5092: Mr. GOODLATTE, Mr. BEAUPREZ, CARTER, Mr. KUHL of New York, and Mr. H.R. 1298: Mrs. WILSON of New Mexico. Mr. FRANKS of Arizona, Mr. WHITFIELD, Mr. SODREL. H.R. 1356: Mr. LOBIONDO. DINGELL, Mr. MCHENRY, Mr. TANCREDO, and H.R. 5866: Mr. BURTON of Indiana and Mr. H.R. 1384: Mr. LATHAM, Mr. PORTER, Mr. Mr. ORTIZ. KUHL of New York. GENE GREEN of Texas, and Mr. KELLER. H.R. 5134: Mrs. NAPOLITANO. H.R. 5875: Mr. OLVER. H.R. 5139: Mr. MILLER of North Carolina. H.R. 1405: Ms. JACKSON-LEE of Texas. H.R. 5878: Mr. MILLER of North Carolina. H.R. 1413: Mr. SMITH of Washington. H.R. 5140: Mr. MILLER of North Carolina. H.R. 5886: Mr. JACKSON of Illinois, Mr. H.R. 1441: Mr. LYNCH and Mr. KIRK. H.R. 5150: Mr. BERRY. PAYNE, and Ms. KAPTUR. H.R. 1451: Mr. LOBIONDO. H.R. 5182: Mrs. MYRICK and Mr. WU. H.R. 5890: Mr. GREEN of Wisconsin. H.R. 1471: Mr. JACKSON of Illinois, Mr. INS- H.R. 5249: Mr. BEAUPREZ and Mr. WELDON of H.J. Res. 89: Mr. OLVER and Mr. TIERNEY. LEE, Mr. HIGGINS, and Mr. LARSEN of Wash- Pennsylvania. H. Con. Res. 179: Mrs. BONO. ington. H.R. 5316: Mr. BOUCHER, Mr. HOLT, and Ms. H. Con. Res. 222: Mr. BEAUPREZ. H.R. 1578: Mr. CASE and Mr. BOUCHER. WOOLSEY. H. Con. Res. 340: Mr. GARRETT of New Jer- H.R. 1615: Mr. MARKEY. H.R. 5348: Mr. MCGOVERN and Mr. MCNUL- sey and Mr. ALLEN. H.R. 1849: Mr. SHAYS. TY. H. Con. Res. 390: Mr. CALVERT. H.R. 1872: Mr. SMITH of New Jersey. H.R. 5371: Mr. SPRATT. H.R. 5436: Mr. DAVIS of Illinois and Mr. H.R. 1940: Mrs. MILLER of Michigan and Mr. H. Con. Res. 404: Mr. GORDON, Mr. MILLER CARNAHAN. ENGEL. of North Carolina, Mr. MCDERMOTT, Mr. H.R. 5496: Mr. SAXTON, Mr. LOBIONDO, and H.R. 1946: Mr. MILLER of North Carolina. BOEHLERT, Mr. EDWARDS, Ms. BERKLEY, Ms. Mr. GARRETT of New Jersey. H.R. 2103: Mr. BURTON of Indiana. JACKSON-LEE of Texas, Mr. EMANUEL, Mr. H.R. 5519: Mr. BERRY. H.R. 2231: Mr. STUPAK, Mr. ROSS, and Mr. MOORE of Kansas, Mr. MCNULTY, Mr. INSLEE, H.R. 5539: Mr. MELANCON and Mr. MILLER of FRANKs of Arizona. Mr. DINGELL, and Mr. AL GREEN of Texas. North Carolina. H.R. 2671: Mr. RUSH and Mr. SMITH of New H. Con. Res. 416: Mr. SCHWARZ of Michigan, H.R. 5552: Mrs. MYRICK and Mr. BEAUPREZ. Jersey. Ms. CORRINE BROWN of Florida, and Mr. H.R. 5558: Mr. MACK, Mrs. BONO, Mr. H.R. 2841: Mr. GENE GREEN of Texas. JONES of North Carolina. MCCAUL of Texas, Mr. BACHUS, Miss H.R. 2842: Mr. FOSSELLA, Mr. TIAHRT, Mr. H. Con. Res. 447: Mr. STARK. MCMORRIS, and Mr. COLE of Oklahoma. BISHOP of Utah, Mr. RADANOVICH, Mr. H. Con. Res. 450: Ms. MCKINNEY. H.R. 5562: Mr. CROWLEY. OUDER ITTS ENSENBRENNER H. Res. 415: Mrs. TAUSCHER, Mr. HINCHEY, S , Mr. P , and Mr. S . H.R. 5578: Mr. KILDEE. Mr. ISRAEL, Mr. HIGGINS, Ms. SOLIS, Mr. H.R. 2868: Mr. LARSEN of Washington. H.R. 5588: Mr. JACKSON of Illinois. TIERNEY, Ms. LINDA T. SA´ NCHEZ of California, H.R. 2869: Mr. KUCINICH. H.R. 5605: Mr. PRICE of North Carolina. Mr. HONDA, Mr. PETERSON of Minnesota, and H.R. 3011: Mr. TOM DAVIS of Virginia. H.R. 5608: Mr. PRICE of North Carolina. Ms. WOOLSEY. H.R. 3034: Mr. JACKSON of Illinois. H.R. 5613: Mr. FORTUN˜ O. H. Res. 622: Ms. WATSON, Mr. WILSON of H.R. 3055: Mr. JACKSON of Illinois. H.R. 5635: Mr. GRIJALVA, Ms. JACKSON-LEE South Carolina, Mr. CASE, Mr. CALVERT, and H.R. 3195: Mrs. EMERSON. of Texas, Mr. ROSS, Mr. MCNULTY, Mr. Mr. HYDE. H.R. 3248: Mr. BOUCHER. STARK, Ms. CARSON, Mr. VISCLOSKY, and Mr. H.R. 3284: Mr. BOUCHER. GENE GREEN of Texas. H. Res. 760: Mrs. DAVIS of California. H.R. 3323: Ms. DELAURO. H.R. 5642: Mr. CUMMINGS, Mr. BECERRA, Ms. H. Res. 776: Mr. BEAUPREZ and Mr. CASE. H.R. 3478: Mr. HASTINGS of Florida, Mr. WOOLSEY, Mr. ALLEN, Mr. OWENS, Mr. NAD- H. Res. 931: Mr. SCOTT of Georgia, Mr. ROSS, Mr. MCCAUL of Texas, Mr. CHABOT, and LER, and Mr. NEAL of Massachusetts. CARDIN, Mr. CLEAVER, Ms. CARSON, Ms. JACK- Ms. WOOLSEY. H.R. 5669: Mr. JACKSON of Illinois and Ms. SON-LEE of Texas, and Mr. MOORE of Kansas. H.R. 3547: Mr. BOUCHER. BALDWIN. H. Res. 938: Ms. WATSON, Mr. DOYLE, Mr. H.R. 3584: Mr. ROTHMAN. H.R. 5680: Mr. ROYCE. LEVIN, Mr. MCINTYRE, Mr. RAMSTAD, Mr. H.R. 3616: Mr. RYAN of Ohio. H.R. 5688: Mrs. CUBIN, Mr. PITTS, and Mr. WELDON of Pennsylvania, Mr. TERRY, Mr. H.R. 3795: Mrs. MCCARTHY. POE. FARR, and Mr. HIGGINS. H.R. 3854: Mrs. CAPPS. H.R. 5701: Mr. BURTON of Indiana. H. Res. 942: Mr. MCCOTTER. H.R. 3875: Mr. UPTON. H.R. 5702: Mr. FORTUN˜ O. H. Res. 950: Ms. KAPTUR. H.R. 4063: Mr. MILLER of North Carolina, H.R. 5704: Mr. SHAYS, Mr. GOHMERT, Mr. H. Res. 953: Mrs. CAPPS, Mr. HINCHEY, Mr. Mr. UPTON, and Mrs. BIGGERT. PRICE of North Carolina, and Mr. JINDAL. KENNEDY of Rhode Island, Mr. FOSSELLA, Mr. H.R. 4215: Ms. JACKSON-LEE of Texas. H.R. 5731: Ms. WOOLSEY and Mr. BRADY of KUCINICH, Mrs. NAPOLITANO, and Mr. H.R. 4293: Mr. FILNER. Pennsylvania. SCHWARZ of Michigan.

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Vol. 152 WASHINGTON, THURSDAY, JULY 27, 2006 No. 101 Senate (Legislative day of Wednesday, July 26, 2006)

The Senate met at 9:30 a.m., on the ator from the State of Texas, to perform the equally divided between the two lead- expiration of the recess, and was called duties of the Chair. ers or their designees, and that at 10:45 to order by the Honorable JOHN COR- TED STEVENS, the majority leader be recognized. President pro tempore. NYN, a Senator from the State of The ACTING PRESIDENT pro tem- Texas. Mr. CORNYN thereupon assumed the pore. Without objection, it is so or- chair as Acting President pro tempore. dered. PRAYER f Mr. GREGG. Yesterday we had a full The Chaplain, Dr. Barry C. Black, of- RESERVATION OF LEADER TIME day of debate in relation to the Energy fered the following prayer: Security bill. We anticipate a number The ACTING PRESIDENT pro tem- Eternal Father, strong to save, we of Senators coming to the floor today pore. Under the previous order, the commit to You the Members of this in order to speak on the substance of leadership time is reserved. legislative body. Make them faithful in the measure. The majority leader has their work and dependent upon Your f indicated that the Senate could turn to providence. Guide them in their deci- GULF OF MEXICO ENERGY other legislative items today if we are sions. Strengthen them for each task. SECURITY ACT OF 2006 able to reach time agreements on those In their moments of perplexity, remind bills. The ACTING PRESIDENT pro tem- them of their responsibility to bring I suggest the absence of a quorum. pore. Under the previous order, the mo- deliverance to captives and relief to tion to proceed to S. 3711 is agreed to The ACTING PRESIDENT pro tem- the oppressed. and the Senate will proceed to consid- pore. The clerk will call the roll. May they faithfully discharge their eration of the measure, which the clerk The legislative clerk proceeded to duties to You and to country. Let Your will report. call the roll. blessings rest upon their labors and The legislative clerk read as follows: Mr. DURBIN. Mr. President, I ask give them Your peace. unanimous consent the order for the We pray in Your holy Name. Amen. A bill (S. 3711) to enhance the energy independence and security of the United States quorum call be rescinded. f by providing for exploration, development, The ACTING PRESIDENT pro tem- and production activities for mineral re- pore. Without objection, it is so or- PLEDGE OF ALLEGIANCE sources in the Gulf of Mexico, and for other dered. The Honorable JOHN CORNYN led the purposes. Mr. DURBIN. Mr. President, I ask to Pledge of Allegiance, as follows: The ACTING PRESIDENT pro tem- be recognized on the minority time rel- I pledge allegiance to the Flag of the pore. In my capacity as Senator from ative to the debate on S. 2711. United States of America, and to the Repub- Texas, I note the absence of a quorum. The ACTING PRESIDENT pro tem- lic for which it stands, one nation under God, The clerk will call the roll. pore. Without objection, it is so or- indivisible, with liberty and justice for all. The legislative clerk proceeded to dered. f call the roll. Mr. DURBIN. Mr. President, pending APPOINTMENT OF ACTING Mr. GREGG. Mr. President, I ask before the Senate is a bill that will PRESIDENT PRO TEMPORE unanimous consent the order for the allow us to drill in areas of the Gulf of quorum call be rescinded. Mexico that currently are not being ex- The PRESIDING OFFICER. The The ACTING PRESIDENT pro tem- plored for oil and gas. There is some clerk will please read a communication pore. Without objection, it is so or- controversy attached to this proposal— to the Senate from the President pro dered. whether this is an environmentally tempore(Mr. STEVENS). SCHEDULE sound decision to go into these areas. The legislative clerk read the fol- Mr. GREGG. On behalf of the leader, The fact is in many parts of the Gulf of lowing letter: I will read the following statement: Mexico there is currently exploration U.S. SENATE, This morning the Senate begins con- and drilling for oil and gas, so it is not PRESIDENT PRO TEMPORE, sideration of S. 3711, the Gulf of Mexico the same as the debate on the Arctic Washington, DC, July 27, 2006. To the Senate: Energy Security bill. I now ask unani- National Wildlife Refuge in Alaska, Under the provisions of rule I, paragraph 3, mous consent that when the bill is re- where the administration was proof the Standing Rules of the Senate, I hereby ported, it be subject to debate only posing that we drill in areas that have appoint the Honorable JOHN CORNYN, a Sen- until 10:45 this morning, with the time been protected for over half a century.

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

S8329

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8330 CONGRESSIONAL RECORD — SENATE July 27, 2006 This area of the world and off the coast What can we do? What should we do? American and we wanted a hybrid. So of the United States has been explored First, we should look at the obvious. we bought a Ford Escape hybrid. It is a for quite some period of time, and oil Sixty percent of all the oil we bring good car, clean burning. We get about and gas have been brought out of it. into the United States of America is 28 miles a gallon, which is good but not It is going to be an interesting debate used for our cars and trucks. All of us great. I think we can do a lot better. and a legitimate debate over whether are burning that oil as we drive around Many of the cars that are coming in this is the appropriate amount of ex- America. Sadly, the vehicles we drive from overseas manufacturers get much ploration and whether it is environ- in are less fuel efficient and get less better mileage. The people who make mentally responsible to do it in this fuel economy every single year. The cars in America tell us there is no ap- fashion. But we should never believe vehicles are heavier, less fuel efficient, petite for fuel-efficient cars in the that this debate is about creating and we burn more gallons of gasoline United States. How wrong can they be? America’s energy policy. Sadly, Amer- each year to travel the same number of Toyota is about to come out with a ica today—with gasoline prices going miles we went last year. I am speaking Camry with a hybrid engine which will through the roof, with no certainty on average. There are some people who get better fuel mileage than most cars about our future when it comes to en- have fuel-efficient vehicles, but by and in the United States, and there is a 10- ergy—does not have a national energy large, when you look at cars and month waiting list to buy their cars. It policy. trucks in America, that is the story. It tells me there is an appetite for obvi- This administration, for 6 years now, doesn’t have to be this way. ous reasons. People understand gaso- In 1975, we faced long lines at gaso- has had an opportunity to come for- line is extremely expensive. If they can line stations with the prospect that ward with a proposal that would move reduce their consumption of gasoline, OPEC was going to cut off oil to the America away from dependence on for- they not only save money, but I think eign oil, but the administration has United States, and our Government made a decision that the first thing we they know intuitively it is a good not done so. The only proposals we thing. It reduces the pollution and the have received from them relate to very needed to do was to have more fuel-efficient cars and trucks. At that mo- greenhouse emissions. isolated, narrow issues. One of them I Our failure to have a national energy ment in time, the average fuel effi- referred to earlier, whether the United ciency of the fleets across America was policy leaves us in a position where we States should now start drilling for oil about 14 miles a gallon. The Govern- have foreign automobile manufacturers and gas in the Arctic National Wildlife ment mandated that over the next 10 making fuel-efficient cars and hybrid Refuge. years manufacturers had to have an av- cars and bringing them into the United The House and the Senate have re- States and selling them to American jected that idea on a bipartisan basis. erage fleet fuel economy of cars that would virtually double to almost 28 consumers who are anxious to buy Their belief, which I share, is that we miles a gallon in 10 years. The manu- their products. have reached a rather desperate mo- facturers of cars and trucks—particu- The obvious question is, Why don’t ment in American history if the only larly those in the United States—said we have the leadership in Washington way we can look forward in terms of it was an impossible goal which we on a bipartisan basis that would create energy self-sufficiency is to start drill- could never reach, and that if we did, it standards for fuel efficiency and fuel ing in some of the most environ- would compromise the safety of the economy that would move the United mentally sensitive places in America. cars we would drive and would invite States in the right direction on na- That is why I have opposed drilling in importation of automobiles into the tional energy policy? That is an impor- ANWR in Alaska. That is why it has United States. We did it anyway. We tant question. It is not addressed by been defeated. The majority has felt imposed the standard to increase fuel this bill. this is not the way we should go. efficiency in America. Between 1975 If we are talking about a national en- This is a different issue. This is about and 1985 the average fuel economy of ergy policy, this bill is not a national drilling in the Gulf of Mexico. cars in America went from 14 miles a energy policy. There are other things We will debate it this week and vote gallon to 27.5 miles a gallon. We which we should do as well. We have a on it next week. But we should not be- achieved our goal. We did it without all situation in the United States where lieve that passage of this bill is the cre- of the terrible outcomes the opponents the oil companies are making out- ation of a national energy policy. The had suggested. rageous profits. You can always tell fact is if we pass this bill next week, it What has happened in the 21 years when they have stepped over the line will have literally no impact on gaso- since then? What has happened since because when you open the morning line prices today and no impact on our 1985 when we reached an average of paper, there will be a full-page ad dependence on foreign oil. If we are about 28 miles a gallon for cars in where the major oil companies are ex- going to address that, we have to do it America? Sadly, the fuel efficiency of plaining that they warrant that profit. in a larger context. On the Democratic cars in America has gone down progres- Really? side of the Senate, we have proposed a sively. Now it is around 22 miles a gal- ExxonMobil’s second quarter profit bill that will move us forward, looking lon, or 21 miles a gallon, meaning we jumped to the second highest level for at the national energy picture and are driving less fuel-efficient cars any company in the history of the moving us toward breaking our depend- today than we were 21 years ago. And, United States. ExxonMobil said today ence on foreign sources of energy in the of course, there was the truck loophole. that it earned $10.36 billion in the sec- future. That is important for us to do. We said when it came to fuel economy ond quarter, the second largest quar- Today we are so dependent on foreign we would make an exemption for terly profit ever recorded by a publicly sources of oil that we are at the mercy trucks. Someone invented the concept traded U.S. company. The earnings fig- of the OPEC cartel, and at the mercy of of a sports utility vehicle, SUV, and we ures were 36 percent above the profit it the major producers we are doing busi- called it a truck. It escaped the re- reported 1 year ago. High oil prices, ac- ness with in countries around the quirements of fuel efficiency. We all cording to this Associated Press story, world buying their oil and gas—and know those SUVs we are glutting the helped boost the company’s revenue by these countries are virtually our sworn used car lots in America with, have 12 percent to a level just short of a enemies. There are many countries in some of the worst fuel efficiency of any quarterly record. the world that we send billions of dol- vehicles we drive. They have helped to Think of this when you go to fill up lars to as we buy their oil and gas that drive down our efficiency in America at the gas pump. You reach into your turn around and use the money we send and driven up our dependence on im- pocket, pull out your wallet or your against us in the war on terrorism. ported oil. purse and pull out the credit card to That is as horrifying as I can think of A national energy policy has to in- pay for the gasoline, and the money at the moment, that we would send clude more fuel efficiency and fuel that is coming right out of your check- American dollars to these countries to economy of cars and trucks we drive— ing account is going to record profits of subsidize terrorist activities. Yet it is and it can do it. the oil companies across America. happening because we are so dependent Recently, my wife and I made a deci- What has been done in Washington to on these foreign sources. sion about a car. We wanted to buy try to contain these profits, to try to

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 27, 2006 CONGRESSIONAL RECORD — SENATE S8331 say that the oil companies are going not just a matter of reducing costs and things. What he said I disagree with is too far by creating burdens and handi- reducing consumption. There is not an- that this is not about a national energy caps on individuals and families and other issue that is as important as en- policy. He criticized the Federal Gov- businesses across America? The answer ergy. It is the issue of the environ- ernment not having a national energy is nothing. Nothing has happened infor- ment. We have to understand that as policy. mally. The President has not called in we burn energy, as we destroy this en- This is about a national energy pol- the leaders of these oil companies and ergy for our economic purposes—car- icy. This is about eliminating the mor- said it is not healthy for America’s bon fuels, for example—we are releas- atoria we have created ourselves that economy for you to be taking so much ing emissions into the environment. have prevented the United States from money out of this economy, driving up Carbon dioxide, for example, which ul- relying more on domestic production of inflation, making the cost of business timately form a cloud over our globe, oil and gas and relying less on im- go up so that they have to lay off em- this greenhouse effect which captures ported energy from places in trouble, ployees and can’t expand if they would the heat of the Sun and warming the regions of the world such as the Middle like to, and making the burdens for planet we live on to the point where we East. families who have to drive on a regular are seeing dramatic climate change in As the current occupant of the chair basis unbearable. The President has America and around the world. We are knows, she and the senior Senator from not done this. Other Presidents in his- finding from those in the private sector Alaska have been fighting for years to tory have. This President refuses to. who look at this in cold economic open the Arctic National Wildlife Ref- When it comes to the more formal terms that decisions are made which uge for exploration and development. means of turning to those Federal suggest we are facing serious problems This is something that not only do agencies that have the power over if we don’t do something about it. Alaskans support but that would pro- these oil companies, they have been When the major insurance companies vide a tremendous boom to the United virtually silent as Americans and con- announce they are not going to write States in terms of our ability to de- sumers are fuming over what is hap- property insurance for many businesses velop domestic energy resources. pening at their gas stations. on the gulf coast of the United States However, time and time again, for I would say to my colleagues in Con- because of the severity of the hurri- countless years, our friends on the gress when they go home over this Au- canes we have seen in the last few other side of the aisle have said no, we gust recess to take some time and talk years, it is a wake-up call to America. cannot do that because it will damage to the people they represent. Gasoline When we know that the glaciers are the environment, it will disturb the prices, frankly, are one of the biggest melting, when we know the tempera- flora and the fauna in that region of issues that trouble the people across ture is going up on this globe we live the world. America. on, when we know species such as the The fact is, it is possible for us to ex- ExxonMobil’s report of earnings polar bear are doomed to extinction if plore and develop domestic energy sup- comes a day after ConocoPhillips said we don’t make some serious changes, plies in an environmentally sound way. it earned more than $5 billion in the we have to combine this debate on a Modern drilling techniques and produc- quarter at a time when many drivers in national energy policy with the nation techniques are entirely compat- the United States are paying $3 a gal- tional environmental policy that sets a ible with preserving the environment lon for gas—and more. ExxonMobil, the standard—that says to the world en- and avoiding the kind of calamities world’s largest oil company by market gage us in this effort to protect the that some want to scare the American cap, said earnings amounted to $1.72 a planet on which we live. people into believing would be routine. share in the April-June quarter com- S. 3711 is an interesting and impor- I suggest this bill is all about devel- pared with the profit of $7.64 billion or tant bill. I am glad we are debating it. oping a national energy policy. It is $1.20 a share a year ago. These results But make no mistake; it is not a na- important to reducing our dependence top even Wall Street’s expectations. tional energy policy. on imported energy. In fact, it is esti- The oil companies are raking in this I reserve the remainder of my time mated when lease 181 is developed, it money at the expense of consumers and and yield the floor. will produce 1.26 billion barrels of oil, businesses across America. The ACTING PRESIDENT pro tem- oil that is now selling for $75 a barrel If we want a healthy business climate pore. The Senator from Georgia. on the open market. in this country, we cannot allow one Mr. ISAKSON. Mr. President, I ask We all know Congress can pass a lot industry—the oil industry—to make unanimous consent that immediately of laws. We can repeal a lot of laws. outrageous profits at the expense of following my speech and the speech of But the one law we cannot repeal is the other businesses as well as the families the Senator from Georgia, Senator law of supply and demand. In a boom- and individuals across America. CHAMBLISS, that Senator CORNYN be ing economy in the United States, and I think what we have before us is a recognized. countries such as China growing at a bill that is worthy of debate about The ACTING PRESIDENT pro tem- rate of 10 percent, we know the demand drilling in the Gulf of Mexico. It is pore. Without objection, it is so or- for oil and gas has increased. The prob- something we will debate, but we dered. lem is, the supply has not. This would shouldn’t believe at the end of the day, (The remarks of Mr. ISAKSON and Mr. pinpoint the solution at the only way even if it is passes, that we have ad- CHAMBLISS pertaining to the submis- we know we can deal with this in terms dressed the most serious challenge fac- sion of S. Res. 541 are printed in to- of supply, and that is increase it by 1.26 ing America. We still need a national day’s RECORD under ‘‘Submitted Reso- billion barrels of oil and—this is sig- energy policy. lutions.’’) nificant, too—5.8 trillion cubic feet of We should remember two numbers as The PRESIDING OFFICER (Ms. MUR- natural gas. we engage in this debate. The numbers KOWSKI). The Senator from Texas. Natural gas is not only important be- are 3 and 25. If you look at all of the Mr. CORNYN. Madam President, the cause it is relatively clean burning, but energy available in the world, the Senate is now taking up a very impor- it also is feedstock in a number of crit- United States has access in the conti- tant piece of legislation that would ical manufacturing industries in the nental United States and offshore to 3 open a huge area in the Gulf of Mexico United States. It is critical for our percent of the energy reserves of the for deepwater exploration for oil and farmers and ranchers, but the price of world. Yet every year the United natural gas. I am proud to be a cospon- natural gas has gone through the roof— States economy consumes 25 percent of sor of this important legislation and again, because of huge demand and the energy that is produced in the believe it is long overdue. limited supply. world. At the same time, I am amazed when So it is absolutely critical to our We cannot drill our way out of this I hear our friends on the other side of ability to reduce our dependence on situation. We have to have environ- the aisle. The Democratic whip this imported energy to both improve our mentally responsible exploration and morning said this was an interesting national security and improve the production, but we also have to deal proposal and he hoped we would have a prospects for our economy that we pass with conservation and efficiency. It is good debate. I agree with both of those this legislation.

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8332 CONGRESSIONAL RECORD — SENATE July 27, 2006 My colleague from Illinois, the dis- We have to look at alternative forms of New Mexico, Mr. DOMENICI, who, true tinguished Democratic whip, also said fuels, renewables. Texas just moved to his word, let the Energy bill go on the answer is not to open places such ahead of California in terms of produc- without bringing up the portions with as ANWR, it is to pass mandates from tion of wind energy. That certainly has regard to drilling off of Florida when it Washington on more fuel-efficient ve- a lot of promise. It is not the only solu- went to conference with the House of hicles. I am all for people having the tion, but it is a part of the overall solu- Representatives. And I have thanked choice to buy vehicles that give them tion. Then, of course, we have to look Senator DOMENICI many times on this extended gas mileage, but I am against at developing nuclear energy in this floor for being a man of his word. Washington, DC, mandating through country. France, hardly a model that I I must say, in the negotiations that some directive that says to my con- would hold up in some areas, is a model have brought this legislation to the stituents in Texas, you can only drive when it comes to dealing with nuclear floor now, I give great credit to the a certain kind of car. I believe we energy. America produces about 20 per- senior Senator from Louisiana, Ms. ought to have the freedom of choice cent of our electricity from nuclear LANDRIEU, in looking out for the inter- and that Congress should not be in the power. France, on the other hand, pro- ests of her State in receiving revenue— business of mandating what kind of duces 80 percent of their electricity what would come from new drilling cars we drive in my State or any State. using nuclear power. They have figured that this legislation addresses not only Finally, he mentioned that big buga- out that one way to address the envi- for Texas, Alabama, Mississippi, but es- boo we hear and read so much about, ronmental concerns but also produce pecially for Louisiana. It addresses global warming, another scare tactic the kind of energy that a growing econ- those revenue needs that the State that is used often to convince people omy needs is nuclear power. needs since it is losing all of those wet- that, no, we can’t develop our domestic Thank goodness in the Energy bill we lands. We saw the results of that in the energy supply, we can’t contribute passed last year, we have now the pros- great tragedy of Hurricane Katrina a more to the production of CO2 in the pect of nuclear energy taking over year ago. So I give great credit to Sen- atmosphere because it will exacerbate more and more of the demand for our ator LANDRIEU. global warming. We are all worried energy supply in the United States. But I also give great credit to Sen- about global warming. The fact is, So I believe this is an enormously ator LANDRIEU because she knew the there is some debate in science about important piece of legislation. It does interests of Florida had to be protected what the causes of the current warm- provide a part of the solution to our in order for her to get an agreement being of the atmosphere are, whether overall challenge. It will have a very cause both Senators from Florida were they are periodic and we are seeing a direct impact on the prices that con- willing to filibuster any legislation spike now, a small spike now, but it sumers pay at the gas pump because that threatened the interests of Flor- will work out. most of the cost of gasoline is related ida. To her great credit—Senator LAN- The main problem with the solutions DRIEU’s—she worked with the two Sen- that have been offered to address glob- to the price of oil. We know that is not ators from Florida. She also worked al warming is that most of the pro- the only cause of high gas prices. An- ponents penalize the United States and other problem is we have seen some with the other gulf coast Senators. And damage the American economy by sub- block the development of refinery ca- what has been crafted is a piece of leg- jecting us to onerous regulations that pacity, and we have had no new refin- islation that addresses just the Gulf of would not apply to some of our major eries which are what transmute the oil Mexico. Now, you might wonder: Why does competitors in the world, countries into gasoline. We have not had any new Florida not want its waters off the such as China and India that would not refineries built in this country since coast of Florida to be drilled? Well, be subject, for example, to the Kyoto the early 1970s, although we have seen this Senator is going to explain that. Treaty that was overwhelmingly re- a recent expansion of existing refining jected by the Senate the last time we capacity which has helped. Certainly, there are economic interests considered that issue. But, here again, America is no longer with a $57 billion a year tourism indus- Rather than saying no, rather than the principal consumer of energy in the try that depends on pristine beaches. blocking and blaming, what S. 3711 world. We are just one of a number of Certainly, there is the delicate envi- does is enormously positive. It has large competitors for the same scarce ronment—the 10,000 Islands, the Big done a great job. I have to give a lot of supply. So it is absolutely critical we Bend area, the bays and estuaries, Apa- credit to the Senator from Louisiana undertake measures such as this as lachicola Bay—all of these environ- who has helped shepherd this bill to part of our national energy policy. So I mental areas that are so delicate to the this point so far. This is a bipartisan would disagree respectfully with my ecology of the oceans where so much bill which is the way we should do colleague from Illinois, the distin- marine life is spawned. things more often, but this provides a guished Democratic whip. This is all But there is another big reason that very real solution to a very real prob- about a national energy policy, and it most people do not understand, and it lem. It is true we cannot rely on devel- is a part of what we must do if we are is right here as shown on this chart. oping more oil and gas supply, but that going to keep our commitments to the Most people do not realize that the en- is certainly what we have to do in the American people to try to help them tire Gulf of Mexico off of Florida is re- near term to midterm. We cannot rely keep more of the money they earn and stricted airspace. Why? Because this is solely on conservation. let them spend it as they see fit and the largest testing and training area in I am all for conserving our energy not have to spend it on rapidly esca- the world for the U.S. military. All of supply, avoiding waste that can be lating gasoline prices and other energy this area has restricted air use and avoided. I also think we ought to look prices that not only hurt consumers naval use. for alternative fuels such as ethanol. but also make America less competi- You wonder: When the U.S. Atlantic They make a lot of sense as part of an tive in the global economy. fleet training in Vieques—the little is- overall energy diversity program. I Madam President, I yield the floor. land off the eastern end of Puerto think energy diversity should be our The PRESIDING OFFICER. The Sen- Rico—when it was shut down, why did national policy because if we rely on ator from Florida. most of that training come to Florida? one type of fuel or if we rely on one Mr. NELSON of Florida. Madam It is because you can do combined air- policy, such as conservation, we cannot President, we are on a subject that is sea exercises and land exercises from hope to get ahead of the curve when it near and dear to the heart of the Sen- Eglin Air Force Base, Pensacola NAS— comes to the growing demand not just ator from Florida—both Senators from Naval Air Station Pensacola. Squad- in the United States of America but Florida. It is a subject of which, a year rons of Navy F–18s come down and countries such as China that are grow- ago, in bringing up an energy bill, spend 2 weeks, 3 weeks at a time, and ing at the rate of 10 percent a year, and there was an attempt to drill off the are stationed there because when they other competitors in the world econ- coast of Florida, and this Senator had lift off out of Key West NAS, within 2 omy. to start his first filibuster. We were minutes they are over restricted air- So we have to look at conservation. able to resolve that with the help of space where they can go about their We have to look at additional supply. the distinguished senior Senator from training.

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 27, 2006 CONGRESSIONAL RECORD — SENATE S8333 So here is a large part of the reason— from the military’s standpoint, from bring a bill back before the Senate that does as shown right here on the chart—why the Nation’s defense standpoint, we do not provide adequate protections to the there is no drilling off the west coast of not want to lift the moratorium and State of Florida. I look forward to working Florida in the Gulf of Mexico. The im- have drilling off the east coast of Flor- with both Florida Senators to achieve this goal. portance of what is called the Eglin Air ida and the rest of the southeastern Force Base Gulf Test and Training United States because, look right here Yesterday, I spoke personally to Sen- Range has been emphasized in the let- on this chart. Here is another major ator FRIST on the telephone. He told ter that was received by the Senate Air Force and Navy training area off me he would do everything within his Armed Services Committee, signed by the northeast coast of Florida and off ability to keep it to the Senate version the Secretary of Defense, Don Rums- the east coast of Georgia. In addition, when the bill returns to the Senate. feld. That letter was delivered to the right there is a place called Cape Ca- That is a pretty good assurance for this committee last November, in which he naveral. The Cape Canaveral Air Force Senator to protect the interests of says: You cannot have oil and gas rigs Station is where we launch our rockets Florida. out here where we are testing and to put all of our satellites, our defense I went to our leader on this side of training sophisticated weapons sys- satellites, into equatorial orbit. the aisle, the Democratic leader, and tems, and where we are training our pi- You can’t have oil rigs out here Senator REID has written a letter to lots—Air Force and Navy pilots—and where you are dropping the first stages me: where we now will have the F–35 all- of the expendable booster rockets that Dear Senator Nelson: pilot training for the new Joint Strike are putting our highly sophisticated It is my expectation that the House of Rep- resentatives will accept S. 3711 as passed by Fighter, the F–35 for all branches of and highly classified defense payloads the Senate without amending it and without service, all out here because of that re- into equatorial orbit. Just to the north modifying it in a conference committee. If stricted space. So Secretary Rumsfeld of Cape Canaveral is a place called the the House does not accept the Senate bill as made it very clear: You cannot have oil Kennedy Space Center. It happens to passed, I will join other Senators and Sen- and gas rigs. have launch pad 39A and launch pad ator Nelson and produce the votes to sustain I remember the Senator from New 39B from which we launch the space a filibuster to prevent the passage of the bill York, Mr. SCHUMER, one day said: Why shuttle and, after the year 2012, it is es- when it would return to the Senate. should Florida be protected? Here, this timated we will launch the new space That is the end of the quote from is the reason. This is the historical rea- vehicle called the Crew Exploration Senator REID’s letter. son, in addition to the reasons of the Vehicle. You can’t have oil rigs out Around here, you have to take a man environment, as well as the economy of here where we are dropping the solid at his word. I accept the word and the Florida in protecting our tourism in- rocket boosters from the space shuttle assurances of the two great leaders of dustry. when we launch, those two big candle- our two great parties in protecting the So this is what we are dealing with, sticks on either side of the external interests of Florida. I am prepared to as shown on this chart. All of the yel- tank of the space shuttle. After they come and support this legislation and low on this chart off the State of Flor- have expended their fuel 2 minutes into to thank the leadership on both sides ida is going to be protected until the flight, they separate from the space as they have worked with the two Sen- year 2022. That is three planning peri- shuttle and parachute back into the ators from Florida to try to do what is ods of 5 years each. That is 15 years Atlantic Ocean. They are then brought right for the country. after the planning period of 2007 kicks back in, refurbished, and reused. You In the legislation that addresses the in. All of that area—which is 125 miles can’t have oil rigs out here. drilling, there is another important from Fort Walton, it is 100 miles from So as people talk about wanting component for Florida; that is, there Perdido Key, 100 miles off of the Ala- drilling off the east coast of Florida, are a few leases out in this area from bama coast right here. Then it comes which this legislation in front of us years past, decades past, that have around, and it then follows this critical does not address but the House bill never been drilled because they have line, this black line that is called the does address, you can’t do that out never gotten the permits because of all military mission line, a military mis- here with an interest of the Nation at that we have been going through, keep- sion line that was established in 1981 stake—the military preparedness plus ing these waters protected in a morato- by the Department of Defense in that the defense of this country, with the rium. Senator LANDRIEU has crafted a they said they wanted no drilling east important payloads that we are portion of the bill that revenue will go of that line. Therefore, that line be- launching out of the Cape Canaveral to four Gulf States from the revenue comes the critical line, of which you Air Force Station, as well as the Ken- generated to the Federal Government see that most of the area of Florida, nedy Space Center. When people say from new leases. The interest of Flor- then, is protected from drilling. And that this legislation we are passing in ida, since there won’t be drilling, is to that is all the way through the year the Senate does not address protec- get rid of the ancient leases that are 2022. tions of the east coast, the east coast never going to be drilled. So there is a That area, by the way—from this isn’t a threat. Right now the east coast provision in the legislation that will point off of Clearwater, which is in the is under a moratorium until the year allow the swapping of these leases by Tampa Bay area—is 235 miles due west 2012. That is not where the threat is. their value for new leases in the area of the Tampa Bay area beaches. For The threat is here in the Gulf of Mex- that can be drilled in what is called Naples, it is in excess of 300 miles. No ico. That is why we have the legisla- lease sale 181, and other leases in the drilling. So you can see the protection tion before us that we do. That is why central and western Gulf of Mexico, for Florida also happens to be the pro- this Senator is coming to the floor to new leases that we want to be drilled tection for the U.S. military in these announce my support for this legisla- where a swap would occur. ranges. tion, which I have helped craft and on The PRESIDING OFFICER. The mi- Now, we have had people come to the which I have waited until today, until nority’s time has expired. floor and say they are concerned about I had assurances that this legislation Mr. NELSON of Florida. People say this going down to the House. The was not going to be in any significant that is voluntary for the oil companies. House-passed bill basically lifts the way changed when it leaves this Cham- The PRESIDING OFFICER. The time moratorium for drilling off the Outer ber and goes down to the House. of the minority has expired. Continental Shelf of the entire United What are those assurances? I have Mr. NELSON of Florida. I ask unani- States—the Pacific coast, the Atlantic been authorized to say from the major- mous consent for 3 additional minutes. coast, and so forth. ity leader, Senator FRIST—and I am The PRESIDING OFFICER. Without I want to speak about the assurances reading from an e-mail to me. This is a objection, it is so ordered. I have been given when this bill will quote Senator FRIST sent to me Mr. NELSON of Florida. You would leave here and go to the House of Rep- today— ask, if it is voluntary, why would they resentatives. But let me tell you why The Senate bill is a carefully crafted com- do it? Because there is a financial in- this bill only deals with the Gulf of promise and I believe it represents what is centive for oil companies who want to Mexico. From Florida’s standpoint, achievable in the Senate this year. I will not pay for new drilling in 181 or elsewhere

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8334 CONGRESSIONAL RECORD — SENATE July 27, 2006 in the central or western gulf, not to being built upon the comprehensive en- move to bring to a close debate on the mo- pay that by swapping out their finan- ergy bill, a bipartisan bill that was tion to proceed to Calendar No. 529, S. 3711: cial interest in these ancient leases passed a year ago this week. So it is a A bill to enhance the energy independence and security of the United States by pro- that are still here. They are of minor challenge to keep the body focused on viding for exploration, development, and pro- value compared to the entire value of this issue. In doing so, there are proce- duction activities for mineral resources in the leases elsewhere in the Gulf of Mex- dures here shortly that are important the Gulf of Mexico, and for other purposes. ico, but nevertheless that is there. to accomplish delivering as many as a Bill Frist, Pete Domenici, Richard G. Why it is important that we keep the billion barrels of oil to the American Lugar, Mitch McConnell, Kay Bailey Senate bill intact and not expand it people and over 5 trillion cubic feet of Hutchison, Jim Bunning, Trent Lott, with any version of the House is be- natural gas, enough gas to heat or cool Christopher S. Bond, Tom Coburn, cause the House-passed legislation 6 million homes for 15 years. We have it Wayne Allard, David Vitter, Mel Mar- works for the Gulf of Mexico, but the tinez, Thad Cochran, Jim DeMint, John within our grasp. Cornyn, Lindsey Graham, Jeff Ses- House-passed version lifts the morato- We had a good vote yesterday morn- sions. rium for the entire country and allows, ing in terms of getting on the legisla- Mr. FRIST. Madam President, I ask with State legislative approval, drill- tion, which we are on, and now, from a unanimous consent that the live ing to come up to 3 miles off the coast leadership standpoint, we have to stay quorum be waived. of a State. Of course, Atlantic seaboard focused on this bill, even though there The PRESIDING OFFICER. Without Senators, Pacific Ocean Senators, are a lot of other good ideas out there, objection, it is so ordered. would be violently opposed to that, and and complete this step and our action Mr. FRIST. Madam President, this then the Senators who start realizing in the Senate. Thus, I will go through cloture vote will occur on Monday. We that it starts getting into their a series of steps here, and we will have have not set the specific timing, but I military- restricted areas, their de- comments on that. anticipate that vote would be at 5:30. fense-restricted areas, would find that AMENDMENT NO. 4713 We will set the exact time later today. enormously objectionable. That is an- Mr. FRIST. Madam President, I send This will be a very important vote, other reason we need to keep this legis- an amendment to the desk. and it is critical that Senators be here, lation intact as it goes to the House The PRESIDING OFFICER. The and they should prepare to be here at and then comes back to the Senate. clerk will report. 5:30. We will announce the specific time My colleague from Florida, Senator The assistant legislative clerk read later today. I ask them to adjust their MARTINEZ, has made several state- as follows: schedules accordingly. In all likeli- ments on the floor—and it is my under- The Senator from Tennessee [Mr. FRIST] hood, we will be voting on Monday. I standing that he will again—that he is proposes an amendment numbered 4713. hope they have adjusted their sched- given assurances that the protection of Mr. FRIST. Madam President, I ask ules accordingly. Florida will be there when this legisla- unanimous consent that reading of the The PRESIDING OFFICER. The mi- tion comes back from the House. It is amendment be dispensed with. nority leader is recognized. the privilege of this Senator from Flor- The PRESIDING OFFICER. Without Mr. REID. Madam President, I have ida to support this legislation. objection, it is so ordered. expressed to the majority leader my I yield the floor. The amendment is as follows: disappointment in not allowing amend- The PRESIDING OFFICER. The Sen- ments on this bill. We had agreed to At the end insert the following: ator from Alabama. The effective date shall be 2 days after the just have five, with time agreements Mr. SESSIONS. Madam President, I date of enactment. on each of those. The leader decided am glad to hear the remarks of the Mr. FRIST. Madam President, I ask not to do that. I think that is unfortu- Senator from Florida, and I am glad for the yeas and nays on the amend- nate. I hope that, moving beyond that, that he feels able to support this legis- ment. we can have a better idea of what we lation. It is something I have worked The PRESIDING OFFICER. Is there a are going to do for the rest of the work on for quite a number of years and sup- sufficient second? There is a sufficient period. ported as a Senator from Alabama. We The majority leader indicated to me second. have a lot of oil and gas right off our The yeas and nays were ordered. that he has a very important meeting coast. We believe this could be done shortly after lunch, and he will indi- AMENDMENT NO. 4714 TO AMENDMENT NO. 4713 safely and be great for the country eco- cate to me at that time more of a di- nomically. I am pleased that the dis- Mr. FRIST. Madam President, I send rection as to what we can expect this tinguished Senator believes he can sup- a second-degree amendment to the afternoon, tomorrow, and the rest of port this bill. We do have to work with desk. the work period before the August re- the House of Representatives. They do The PRESIDING OFFICER. The cess. have input in the legislation. But, clerk will report. I also want the record to reflect, as I hopefully, when all that is settled, we The assistant legislative clerk read said yesterday, that I appreciate the as follows: will have something we can pass. It is cooperation of Senator BINGAMAN. critical for our economy. The Senator from Tennessee [Mr. FRIST] Without his agreement, this parliamen- I ask unanimous consent to speak as proposes an amendment numbered 4714 to tary situation we find ourselves in amendment No. 4713. in morning business. would not have occurred until late this The PRESIDING OFFICER. Without Mr. FRIST. Madam President, I ask evening. This will allow us this after- objection, it is so ordered. unanimous consent that reading of the noon the possibility of doing other (The remarks of Mr. SESSIONS are lo- amendment be dispensed with. work. So I appreciate very much Sen- cated in today’s RECORD under ‘‘Morn- The PRESIDING OFFICER. Without ator BINGAMAN being his normal coop- ing Business.’’ objection, it is so ordered. erative person. He has strong feelings The PRESIDING OFFICER. The ma- The amendment is as follows: about this legislation. He expressed jority leader is recognized. On line 1, strike ‘‘2 days’’ and insert ‘‘1 them to me personally and on the Sen- Mr. FRIST. Madam President, we are day’’. ate floor. But he is always someone on the Gulf of Mexico energy security CLOTURE MOTION who works for the good of the Senate. bill, a bill that has been very carefully Mr. FRIST. Madam President, I send I appreciate that very much. crafted in a bipartisan way. It has been a cloture motion to the desk. The PRESIDING OFFICER. The Sen- our approach from the outset. One of The PRESIDING OFFICER. The ator from New Mexico is recognized. the real challenges we have is taking a clerk will report the cloture motion. Mr. BINGAMAN. Madam President, bill which is delicate, in the sense that The assistant legislative clerk read while the majority leader is still here, it has been carefully crafted, vetted, as follows: I understand the procedure he has fol- and addressed for the last year—and CLOTURE MOTION lowed, and that is to do what we refer there are many other people who would We the undersigned Senators, in accord- to here as ‘‘filling the tree’’ with like to add other energy amendments ance with the provisions of rule XXII of the amendments so that other amendments or bills to this single, focused step, this Standing Rules of the Senate, do hereby cannot be offered.

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 27, 2006 CONGRESSIONAL RECORD — SENATE S8335 I ask unanimous consent that the not good legislation, and I will repeat a with this bill, in particular my col- pending amendment be set aside so few of those points. leagues from Florida, who sought a that I may be able to offer an amend- Let me talk about the amendment I new long-term moratorium off the ment. wanted to offer this morning. The Florida coast, which has been agreed to The PRESIDING OFFICER. Is there amendment I was going to offer con- by those who are now advocating the objection? sists of the text of S. 2253, which is the pending legislation—this is a 16-year Mr. FRIST. Madam President, reserv- legislation we reported out of the Sen- moratorium in a very large area—and ing the right to object, filling the tree ate Energy and Natural Resources my colleagues from other Gulf Coast is the procedure I have used in order to Committee on a bipartisan basis in States have insisted upon a provision accomplish what is a very important March. My amendment would take that cedes to their States Federal reve- next step in building on, as I said, the that language and it would modify it to nues for oil and gas produced in the comprehensive Energy bill the man- add the so-called 181 south area for Federal Outer Continental Shelf off agers worked for last year, which has leasing. their coasts. Thus, S. 3711, which was been tremendously successful as we Let me put up a chart so everybody written by Senators DOMENICI, LAN- look at alternative energy, such as eth- knows what is involved here. The white DRIEU, and others, includes significant anol or, in the future, nuclear and bio- area on this chart, the box there, is the new provisions that I believe under- mass, looking at the supply side and area that we proposed in our Energy mine the goals of our original bill. the consumption side of the equation. Committee bill that we reported to the I am disappointed we did not have a What is challenging in floor manage- floor to open for leasing. That thatched chance to vote on the bill which was ment is being able to now build upon area to the right of that, to the east of reported out of the committee. I be- that bill from last year and take one that on the map, is an area which lieve the Senate would have acted fa- step at a time. would be open with the consent of the vorably on that bill had it been given As we are commenting on this now, Secretary of Defense or under appro- an opportunity to do so. there are so many good proposals, sub- priate circumstances and conditions S. 2253 is good energy policy; it is re- stantive proposals, that would help our which would be specified by the Sec- sponsible fiscal policy. S. 2253 would dependence on foreign sources of oil. retary of Defense. That is what our bill have resulted in oil and gas being pro- We are 60 percent dependent today on called for. duced without locking up vast areas of foreign sources of oil. We have to As I say, I would propose in this the Outer Continental Shelf and with- change that by lessening our energy amendment, if I were able to offer it, to out raiding the Federal Treasury at the dependence with homegrown energy. add the yellow area below that which is same time. That is what we will be able to do on now being referred to as 181 south. As I stated in the Senate yesterday, the floor today in this carefully craft- The legislation we came out of com- because S. 3711, which is the pending ed, focused, very discrete bill that mittee with and I would desire to have bill, locks up these vast areas of the looks at the Gulf of Mexico, which has us consider on the floor today would Outer Continental Shelf off the coast of revenue sharing that has been carefully require that the lease sale be con- Florida, and because the bill provides worked out with Members in this body ducted within a year. It would provide for the sharing of billions of dollars in for the last 6 to 7 months in terms of that leasing in the 181 area south be Federal revenues, I must strongly op- the specifics. With that, we will be able done as soon as practicable after the pose it. to deliver this bill to the American date of enactment. The pending bill, S. 3711, expands people and address the squeeze we Overall, the amendment I would like areas under moratoria and sets prece- know they are feeling today when they to have been able to offer would make dence for imposing new long-term con- are filling up the tractor or the car or available 7.37 trillion cubic feet of nat- gressional moratoria. preparing to go on vacation or air-con- ural gas and 1.58 billion barrels of oil. This next chart is the one many Sen- ditioning their homes or heating their These are substantially more energy ators have been using to make many homes at other times of the year. resources than the 5.83 trillion cubic different arguments on the Senate With that being the approach, I will feet of natural gas and the 1.26 billion floor, but the point is very clear when object to setting aside the amendments barrels of oil made available under the one looks at this chart. There is a vast because it would mean actually trying pending legislation; that is, S. 3711. area, the yellow area on the chart, that to decide among many good proposals At the same time, the legislation we is being put off limits to oil and gas de- that would come to the floor—and it is came out of committee with and that I velopment for a very substantial pe- not that they are not good or they wish we were able to consider on the riod, 16 years, longer than virtually won’t be addressed in the future. We floor would provide there would be no any of us are likely to be in the Senate. are going to keep this bill focused, leasing closer than 100 miles from the The Department proposed, as I under- tight, and clean. Florida coast at any point and leasing stand it, in return for gaining access to I object. east of the military mission line under 2.76 trillion cubic feet of natural gas The PRESIDING OFFICER. Objec- the bill, as I indicated, could only over what the Interior Department pro- tion is heard. occur with the prior consent and agree- posed—this bill currently pending in Mr. BINGAMAN. Hearing objection, I ment of the Secretary of Defense. the Senate puts 21.83 trillion cubic feet wish to take a few minutes and explain The 1-year timeframe for conducting of natural gas off limits until 2022. I the amendment I was intending to offer the lease sale in this 181 area is in- think that is a mistake. I think it is a so that Senators will understand what tended to allow for full compliance bad deal for America. the alternatives are that we could be with all environmental laws. The Two of these areas within the origi- considering today. amendment does not impose any new nal 181 lease sale area that are more Madam President, just to pick up on leasing moratorium, such as the pend- than 100 miles off the Florida coast the point the majority leader was making bill would. Also, it does not divert would be offered for lease under my ing, I certainly want to build on the revenue from the Federal Treasury to amendment. And most importantly, good work we did in this body last year four coastal States, as the pending bill my amendment would not impose any with the passage of the Energy Act of proposes to do. new moratoria on Outer Continental 2005. I believe very strongly that the Earlier this year, I was pleased to Shelf leasing. way to do that is to have an open proc- work with Senator DOMENICI to develop Likewise, the amendment I would ess, allow Members to offer amend- and introduce S. 2253. That is the basis offer would not include the ceding of ments, allow those amendments to be of the amendment I am offering. We Federal revenues to the four Gulf Coast voted on, and see what the will of the had a hearing on the bill in committee. States. Senate is. Unfortunately, that is not We reported the bill with a very strong Let me make it very clear: I recog- the process which is being used in con- bipartisan vote. nize there are needs to protect the wet- nection with S. 3711. However, after the committee re- lands along the gulf coast, and I recog- I stated extensively yesterday the ported its legislation, several col- nize that the Federal Government substantive reasons I think S. 3711 is leagues indicated they had problems should provide assistance to these

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8336 CONGRESSIONAL RECORD — SENATE July 27, 2006 States to accomplish that wetland res- This is bad policy. This is bad energy shall offer the 181 Area for oil and gas leas- toration and protection work. But I be- policy. It is bad fiscal policy. It is a ing pursuant to the Outer Continental Shelf lieve very strongly that should be course of action that I believe the Na- Lands Act (43 U.S.C. 1331 et seq.) as soon as money that comes out of the Federal tion will regret in future years if we go practicable, but not later than 1 year, after Treasury. We should not be taking a the date of enactment of this Act. forward with it. (c) 181 SOUTH AREA LEASE SALE.—The Sec- stream of revenue that has historically I am disappointed that there is no retary shall offer the 181 South Area for oil always gone into the Federal Treas- place in this debate for us to offer and gas leasing pursuant to the Outer Conti- ury—that is, royalty from production amendments to correct the policy. I am nental Shelf Lands Act (43 U.S.C. 1331 et in the Outer Continental Shelf—we also disappointed that there is no place seq.) as soon as practicable after the date of should not take that stream of revenue in this debate for us to address other enactment of this Act. and divert a substantial portion of it important energy-related issues. We (d) EXCLUDED AREAS.—In carrying out this directly to those States. We should, in- should be proposing amendments to section, the Secretary shall not offer for oil this legislation with regard to energy and gas leasing— stead, bring those funds into the Fed- (1) any area east of the Military Mission eral Treasury, determine what the efficiency. We should be considering Line, unless the Secretary of Defense agrees needs are for those States and for other the legislation that Senators OBAMA in writing before the area is offered for lease communities in the country, and then and LUGAR have proposed with regard that the area can be developed in a manner appropriate the funds appropriately to to vehicle fuel efficiency. We should be that will not interfere with military activi- meet those needs. considering a variety of bills—S. 2747, ties; or That is my strong view. That is what the Enhanced Energy Security Act, (2) any area that is within 100 miles of the the amendment I would have offered which tries to put in place a variety of coastline of the State of Florida. would contemplate, that is what cur- provisions that would add to the effi- (e) LEASING PROGRAM.—The 181 Area and 181 South Area shall be offered for lease rent law contemplates, and that is ciency with which we use energy in under this section notwithstanding the omis- what the Supreme Court has always this country. All of those are legiti- sion of the 181 Area or the 181 South Area said was the appropriate course. Of mate issues we should be able to ad- from any outer Continental Shelf leasing course, I cited former President Tru- dress by amendment to the Energy bill program under section 18 of the Outer Conti- man and his strong position, which is on the Senate floor. nental Shelf Lands Act (43 U.S.C. 1344). consistent with the position I am advo- In fact, if we were building on the (f) CONFORMING AMENDMENT.—Section 105 cating today. Energy Policy Act work this Congress of the Department of the Interior, Environ- In summary, the amendment I would did last year in the first session of this ment, and Related Agencies Appropriations like to have offered this morning, if the Congress, we would be, in fact, allow- Act, 2006 (Public Law 109–54; 119 Stat. 522) is majority leader had not blocked our amended by inserting ‘‘(other than the 181 ing those other very meritorious South Area (as defined in section 2 of the ability procedurally to offer amend- amendments to be considered as part of Gulf of Mexico Energy Security Act of ments, would open this area called 181 our debate as well. 2006))’’ after ‘‘lands located outside Sale 181’’. south and also a larger portion of the I regret that. I regret the decision of Mr. BINGAMAN. I yield the floor. 181 area originally than the pending the majority leader to deny us the The PRESIDING OFFICER (Mr. EN- legislation proposes to do. There would right to offer amendments. SIGN). The Senator from Louisiana. Madam President, I ask unanimous be an additional 1.5 trillion cubic feet Mr. VITTER. Mr. President, I rise of natural gas made available. There consent my amendment be printed in today in strong support of S. 3711, and would be an additional 300 million bar- the RECORD. I specifically rise in strong support of rels of oil made available for our Na- There being no objection, the mate- the majority leader’s actions to ensure tion over and above what is being made rial was ordered to be printed in the that we have a focused debate on the available under S. 3711. RECORD, as follows: carefully crafted provisions of S. 3711 The amendment would accomplish (Purpose: To provide a complete substitute) and not be thrown off track by numer- this in a manner that protects Flor- Strike all after the enacting clause and in- ida’s coast without imposing new leas- sert the following: ous amendments about all sorts of an- ing moratoria. It would also do so in a SECTION 1. OFFSHORE OIL AND GAS LEASING IN cillary energy and other issues because manner that protects the fiscal inter- 181 AREA AND 181 SOUTH AREA OF I rise in support of actually doing ests of our Nation. I regret I am not GULF OF MEXICO. something, not merely talking about (a) DEFINITIONS.—In this section: able to offer the amendment today for everything, as the Senate so often (1) 181 AREA.—The term ‘‘181 Area’’ means wants to do, and at the end of the day consideration. the area identified in map 15, page 58, of the Moreover, the amendment would Proposed Final Outer Continental Shelf Oil doing nothing. That is the choice we achieve greater oil and gas production and Gas Leasing Program for 1997–2002 of the have. without setting dangerous precedents. Minerals Management Service. The choice is what we so often do: I think one of the most disturbing (2) 181 SOUTH AREA.—The term ‘‘181 South Talk about everything under the Sun, things about what the Senate is pre- Area’’ means any area— have wide-ranging debates. This body paring to do, if it goes forward and (A) located— is a great debating society, but at the adopts S. 3711, is that we are setting (i) south of the 181 Area; end of the day does nothing. The other (ii) west of the Military Mission Line; and precedents, both for putting areas off choice is focusing on the carefully (iii) in the Central Gulf of Mexico Planning crafted provisions of S. 3711, having a limits to production for long periods of Area of the outer Continental Shelf, as des- time—a 16-year statutory morato- ignated in the document entitled ‘‘Draft Pro- fair debate on those provisions and rium—for areas that have not been sub- posed Program Outer Continental Shelf Oil passing it into law, doing something ject to statutory moratorium, in some and Gas Leasing Program 2007–2012’’, dated concrete, real, meaningful, that will cases at all. I think that is a big mis- February 2006; have an impact soon on people’s wal- take. I think the precedent we are set- (B) excluded from the Proposed Final lets, on people’s pocketbooks, on our ting with regard to so-called Outer Continental Shelf Oil and Gas Leasing energy future. revenuesharing or ceding of revenues, Program for 1997–2002, dated August 1996, of That is what this choice is all about, the Minerals Management Service; and and I stand strongly for doing some- Federal production revenues and royal- (C) included in the areas considered for oil ties to coastal States is also a very and gas leasing, as identified in map 8, page thing and not just talking a good major mistake, and it sets a very bad 37 of the document entitled ‘‘Draft Proposed game. What is it we would be doing, precedent which will come back to Program Outer Continental Shelf Oil and Mr. President? haunt us. Gas Leasing Program 2007–2012’’, dated Feb- Well, S. 3711 would be doing more to I know very well that the other Sen- ruary 2006. secure our supply of domestic energy ators who represent coastal States will (3) MILITARY MISSION LINE.—The term than anything we have done in a long in the future come to this Senate floor ‘‘Military Mission Line’’ means the north- time. It is not everything under the ° ′ and insist, as the Senators from these south line at 86 41 W. longitude. Sun, it is not a silver bullet, it is not (4) SECRETARY.—The term ‘‘Secretary’’ a magic wand, but it is a major, con- four Gulf Coast States have insisted, means the Secretary of the Interior, acting that if production is going forward off through the Minerals Management Service. crete, specific step forward that would their coasts, their States are entitled (b) 181 AREA LEASE SALE.—Except as other- help secure our energy future. What is to Federal revenue as well. wise provided in this section, the Secretary that? It is 8.3 million acres of area in

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 27, 2006 CONGRESSIONAL RECORD — SENATE S8337 the gulf opened to exploration and pro- for that same year yielded $3.5 billion securing our energy independence, duction for the first time ever; 1.26 bil- of royalties, and half of that went to what are we going to do about it? If we lion barrels of oil, brandnew produc- the States—$1.75 billion went to the don’t change the dynamics of our en- tion; and 5.83 trillion cubic feet of nat- States of New Mexico and Wyoming ergy policy, the not-in-my-backyard ural gas, brandnew production. That is and many other States. mentality, which has put a strangle- doing something, and that is doing So, of course, it is easy for the Sen- hold on us for years, will continue to something that will have an impact on ator from New Mexico to protect what survive. But if we change the model, if our energy future—not in 20 years, not he already has but try to deny it to we allow coastal States to share in the in 10 years, but very soon. coastal States. The fact is the impacts royalties produced from production off We will see this production in a few are the same, and the impacts are dra- their own shores, give them the deci- years and we could see its impact on matic. He talked about them himself, sion and give them some of the bene- prices even sooner than that. As folks the dramatic negative impacts with re- fits, then we will change the dynamics in the energy industry recognize that gard to coastal erosion and other im- and, in my opinion, over the next 10 we are opening this brandnew area to pacts on the Louisiana coastline and years open significant new areas to off- both oil and gas exploration, we could all of the coastlines of the Gulf States. shore oil and gas production and sig- see a positive impact, bringing prices That is one of the primary reasons we nificantly increase our energy inde- down even sooner than the production have royalty share at the heart of this pendence. would begin. bill, which the Senator from New Mex- That is why S. 3711 is so important. So I am in support of doing some- ico would strip out with his amend- It does something real and meaningful thing strong, concrete, and meaning- ment. and concrete right away. We are act- ful—not just talking a good game and, But that is not the only reason we ing, not just talking. Even more impor- at the end of the day, doing nothing. have that royalty-sharing provision in tantly, we are building a model for the The distinguished Senator from New the bill. The predominant reason is the future, a positive model that will pro- Mexico made some points in opposition overarching national reason, the rea- mote our energy independence by al- to this proposal. He said it was very re- son that will promote our energy inde- lowing us to go after those resources, grettable that he and others were not pendence in the future, and that is sim- including offshore, where the vast ma- completely open to propose any amend- ple. If we allow coastal States to share jority of our energy assets are in the ment with regard to this bill. Let’s not in the royalty obtained from produc- future. kid ourselves. Let’s understand what is tion off their shores, we can change the Mr. President, I yield the floor. going on here. The distinguished Sen- dynamics dramatically. That will Mr. BROWNBACK. Mr. President, if I ator is absolutely flat out against the change the not-in-my-backyard atti- could inquire of my colleague from central provisions of this bill. His ef- tude of so many coastal States and Washington—and I have my colleague fort is to gut this attempt at moving usher in more domestic production in from Alabama who seeks recognition— us forward in terms of energy inde- the future. That is the model we are maybe we can get some order set up pendence. He would take out of this building with S. 3711, the positive here. I have a 15-minute presentation. I bill one of its most central and impor- model that will do, over time, even believe my colleague from Alabama is tant components: royalty share. more than what this bill alone does, seeking recognition, if I could inquire. Mr. SESSIONS. Mr. President, 5 min- It is easy for him to take this posi- opening up 8.3 million acres, 5.83 tril- utes would allow me to complete re- tion. His State of New Mexico gets lion cubic feet of natural gas, and 1.26 marks I began earlier this morning enormous Federal revenue from pro- billion barrels of oil. That is what the when the majority leader and the duction onshore on Federal land. Ev- bill itself does. That is significant. Democratic leader appeared. erything that is produced on Federal That is concrete and positive. But Mr. BROWNBACK. I would inquire of land in his State—as in any other when we put this model in place of my colleague from Washington a time- State—his State gets 50 percent of that sharing royalties with the appropriate frame she would want, in an effort to royalty. So it is very easy for him to coastal States, then we open possibili- establish some order. take the position that offshore should ties in the future even more. That is Mrs. MURRAY. Mr. President, I want be a completely different situation; off- why this royalty-sharing provision is 15 minutes as in morning business. We shore should be zero. That doesn’t af- so central and so important to this bill. could go back and forth. I think we fect his constant revenue stream for It is a new model to get us to greater could accommodate that quite easily if States such as his in New Mexico or for energy independence, to get us away the Senator from Kansas wants to States such as Wyoming, where 50 per- from the pervasive not-in-my-backyard speak. I ask unanimous consent that cent of the revenue from onshore min- mentality that has gripped virtually following the Senator from Kansas, if I eral production royalty is going di- every State around the country and could have 15 minutes in morning busi- rectly to his State coffers. has shut off area after area after area ness, and then go back to the other In addition, if you look at the 50-per- to offshore oil and gas production. side. cent Federal share, most of that goes This bill will do all of those things in Mr. BROWNBACK. If my colleague to a Federal fund that goes back to the a fair and reasonable way. It will open from Washington would be willing to States in terms of land reclamation as new areas of land to production, it will allow 5 minutes for my colleague from well, so that all told, 90 percent of that open enormous new energy assets, and Alabama to finish up his comments? Is royalty produced on Federal land in his it will create this model that we can that asking too much? I don’t want to State essentially goes back to the build on in the future to create more press it too far. States. So he has a very convenient sit- energy independence for our Nation. The PRESIDING OFFICER. Will the uation in his State which has been that That is what we so desperately lack. Senator modify her unanimous consent way for years. It is very easy for him As I said at the beginning, this body request to be that following your re- to protect that but, at the same time, is very good at debating, at talking, marks, the Senator from Alabama block coastal States from having a endlessly sometimes, about every pro- would be recognized? similar situation. posal under the Sun, but so often at the Mrs. MURRAY. Following my re- But there is no good reason we should end of the day we do nothing after marks, if the Senator from Alabama do that. We should equalize the playing those endless debates. This is an oppor- wants to go, I would be happy to agree field. We should make Federal policy tunity to do something real and con- to that. equal and right. Look at last year, 2005. crete, and to create a model that will Mr. SESSIONS. Mr. President, I Federal offshore production yielded, in provoke even more action in the fu- think what the Senator from Kansas terms of Federal revenue, $6.32 billion. ture. Because we can have endless de- was asking is if I could sort of utilize Of that enormous total—$6.32 billion— bates in this Chamber about securing his time for 5 minutes to complete my only $75 million went to the States in our energy independence, and every remarks and then go to the Senator terms of a royalty share. Compare that Senator here in the context of this de- from Washington. to the situation of the Senator from bate will likely come to the floor and Mrs. MURRAY. Mr. President, I re- New Mexico. Federal onshore revenue talk about his or her commitment to vise my request and ask that following

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8338 CONGRESSIONAL RECORD — SENATE July 27, 2006 the remarks of the Senator from Kan- that adds up to when you push $75-a- our economic security, we must reduce sas for 15 minutes, the Senator from barrel oil. A $1 increase in the price of our dependency on oil. Alabama for 5 minutes, and then I oil costs U.S. companies and consumers It is common sense to reduce our oil would be recognized for 15 minutes. about $828 million in trucking costs consumption, and it is doable. This bill The PRESIDING OFFICER. Is there each year. uses new ideas and does not visit old objection? In addition to these facts, we get a debates or fights. We know the edges of Without objection, it is so ordered. large amount of our oil from regions this debate where we divide this body. Mr. BROWNBACK. I thank my col- that are unstable at best and un- This doesn’t go there. It says what league from Washington in particular friendly at worst; 65.3 percent of the areas can we agree upon, and let’s press for allowing us to do this. It is very world’s proven oil reserves are in the forward there. For too long our foreign much appreciated. Middle East. The Middle East OPEC policy has been dictated in part by our Mrs. HUTCHISON. Mr. President, I States already supply the United need for foreign oil. It is in the interest ask the Senator from Kansas to yield States with 2.5 million barrels per day, of America’s security for us to look at for a unanimous consent request that I 25 percent of our daily imports. ways of lessening our dependence on be placed in line after the Senator from Further, every day, 26 million barrels foreign oil, and it is also in the inter- Kansas and the Senator from Wash- of oil flow through two points. One of ests of our economy. The pocketbook ington to speak on this bill? those points is the Straits of Hormuz of every American is affected when the The PRESIDING OFFICER. Does the in the Persian Gulf. We know the insta- price of oil goes up. Senator yield? bility that can happen there. A few tar- We can create market incentives to Mrs. HUTCHISON. If the Senator geted strikes against one of these two use the technology available today to yields, can I then make that proposal? states or against oil facilities in Saudi deal with the problem that we are fac- Mr. BROWNBACK. I am happy to Arabia, which holds a quarter of the ing right now. We don’t have to wait yield to the Senator from Texas. world’s oil reserves and essentially all for any new inventions. We can start Mrs. HUTCHISON. I ask unanimous spare capacity—if you can consider any solving the problem today simply by consent I be recognized after the Sen- of the capacity spare today—it could sending the marketplace the correct ator from Kansas and the Senator from take several million barrels of oil off signals. There is broad public support Washington. the global market every day for for reducing our oil consumption. The PRESIDING OFFICER. Without months and send oil prices soaring. This, to me, is one of those Amer- objection, it is so ordered. The Senator These facts, coupled with the in- ican-type problems. We have a problem from Kansas. creases in demand that are taking and it needs to be addressed and we can Mr. BROWNBACK. I believe I am to place in countries such as China and do it with good, old-fashioned Amer- be recognized for 15 minutes. If the India, do not bode well for our national ican ingenuity. It exists. The great Presiding Officer will notify me when 2 and economic security. thing about this bill, S. 2025, is that minutes remain? There will be very difficult if not po- our 10-year goal is for reduction in oil The PRESIDING OFFICER. The tentially disastrous consequences to consumption of 2.5 million barrels per Chair will do so. our economy if we do not reduce our day. That is roughly 10 percent of our Mr. BROWNBACK. Mr. President, I dependence on foreign oil and, in the total oil consumption and the same rise to speak on the pending business future, oil period. If we remain so de- amount we import daily from the Per- before the Senate, the Gulf of Mexico pendent on foreign oil, we court dis- sian Gulf region. Energy Act, S. 3711. I wholeheartedly aster. How do we do it? Ethanol and renew- support this bill. We face a dire situa- Currently, we have these two mega able fuels must play a clear role in this tion in this country regarding our en- numbers, 3 and 75; $3-a-gallon gasoline fight. They are homegrown. We need to ergy dependence. and $75-a-barrel oil. be more dependent on the Midwest I believe this debate is about two This bill, the Gulf of Mexico Energy than the Middle East. Therefore, this numbers and those numbers are 3 and Act, will help lessen the dire situation helps keep the money at home. We ven- 75—$3-a-gallon gasoline and $75-a-bar- we are currently in. It opens up 8.3 mil- tured down this road before, but we rel oil. That is what this debate is lion acres of the Gulf of Mexico for oil have never fully committed as a nation about, 3 and 75. and natural gas exploration. It is some- to renewable fuels. Now is the time to We are reminded about this every thing we need to do, we must do now to do it. day. There are probably places in this be able to help reduce our demand for I am encouraged by the fact that so country paying well over $3 a gallon for oil products, for foreign oil. many people are literally buying into gasoline. The price of oil hit $75 this I want to also talk about the mid- ethanol today, and into biodiesel—soy- past Friday. There is a good possibility term of what we need to do. This is bean-based diesel fuel. Bill Gates has it will even go up from there. We need something we have to do now to miti- invested over $100 million of his own more domestic drilling to take place. gate the situation we are currently in. money into ethanol. Richard Branson We must reduce our foreign depend- We really need to do it. But on a mid- of the Virgin Empire, famous for his ency, our dependency on foreign oil. In term basis, we have to reduce our de- success in venture capitalism, is in- the future and in the near term as well pendence on oil, period. That is why a vesting in ethanol. These are great we have to reduce our dependency on bipartisan group of 28 Senators has put signs for the future of renewable fuels, oil. forward the Vehicle and Fuel Choices as it is an industry that needs capital Things are striking. In the United for America Security Act, S. 2025. I investment. States we burn 10,000 gallons of oil per urge my colleagues to look at cospon- As a government and as a people, we second. The United States uses four soring this legislation. I think it is the need to fully commit to make renew- times more oil than any other nation. most bipartisan and comprehensive enable fuels a viable alternative to petro- Relative to economic output, the ergy legislation pending in front of the leum-based fuel. As long as oil remains United States consumes 7.5 gallons of Senate today. above $70 a barrel, the economics of re- oil for every thousand dollars of GDP. We filed it as an amendment on this newable fuels makes good sense. It Oil imports cost us—this is a 2003 num- bill, but as I understand the procedural makes sense for us to continue to push ber, so they are higher now—oil im- situation we are in, it is unlikely this its development, and it makes clear ports cost us $10 billion a month, as a is going to come up now. It is still im- sense regarding our foreign policy and nation. Those are 2003 numbers. portant that we look at this legislation security needs. Energy economists estimate that and others to reduce our long-term de- Biodiesel is another renewable fuel since World War II, oil price spikes pendence on oil. It is appropriate Mem- option and is a farm success story. have cost the economy 15 percent bers of Congress from every region of After Operation Desert Storm in the growth and $1.2 trillion in direct losses. the country and every political stripe— early 1990s, soybean farmers were There is a $7.4 billion increase in the conservative, liberal, everything in be- struggling to maintain profitability. I U.S. oil bill per year for each $1 in- tween—have all arrived at this same was the Secretary of Agriculture in my crease in the price of oil. Imagine what point. For our national security and State of Kansas at that time. Because

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 27, 2006 CONGRESSIONAL RECORD — SENATE S8339 of high energy prices and low com- Not only will we be sending out The PRESIDING OFFICER. The Sen- modity prices, the farmers were strug- money to countries that dislike us, but ator from Kansas has 50 seconds. gling. The soybean farmers started in- we will be buying American-made Mr. DOMENICI. Mr. President, I ask vestments in the development of bio- power instead. unanimous consent to have 1 minute to diesel. It was a priority for farmers Another great bit of news is that we ask a question. eager to contribute to our energy sup- already have the infrastructure in The PRESIDING OFFICER. The Sen- ply and develop a new market for soy- place to produce electricity as a trans- ator has 40 seconds. beans. Farmers invested more than $50 portation tool. All you will need is an Mr. DOMENICI. Mr. President, I million of their check-off dollars. extension cord and a wall outlet. We chair the Energy and Natural Re- These are dollars they tax themselves can’t drill enough domestic oil to sources Committee. to be able to promote their industry. break our addiction to foreign oil. First, I thank the Senator for sup- They did this to be able to conduct re- However, this bill takes an innova- porting this measure. It is vitally im- search and development in biodiesel. tive market-based approach to solve portant that we tell the American peo- As a result, the biodiesel industry these problems. We can provide tax ple that the price of natural gas rose has shown slow but steady success credits for the production and purchase dramatically today again. There is a since the early 1990s. However, in the of advanced technology cars. We ex- big demand. past 2 years it has grown exponen- pand the renewable fuels infrastructure I think it is exciting to see some Sen- tially. In 2004 there were approxi- through a variety of means. We also ex- ator like yourself, who has a vision for pand research and development in crit- mately 25 million gallons of biodiesel other things besides this, saying let’s ical areas such as light-weight mate- sales. That increased to 90 million gal- do this because we can do it now. rials and cellulosic ethanol. This eth- lons in 2005, and currently it is on That is a point I want to make as anol, instead of being made out of track to exceed 150 million gallons this chairman. Let’s do this because it will grain, is made of plant fibers or out of break the mold, break the precedent of year. woodchips. We amend the Federal fleet Likewise, we went from 22 biodiesel moratoria of no deepwater mining, requirements to reduce oil consump- plants in 2004 to more than 60 biodiesel deepwater drilling, and get on with tion by allowing electric drive tech- great production. But I want to say to plants currently, and there are over 40 nology to qualify under the EPA act. the Senator that I am aware of his bill. more plants currently under construc- We require 30 percent of the Federal tion. fleet requirements to be met by ad- I am aware of some of the great ideas Congress has, and continues to put in vanced diesel, hybrids, or electric plug- in it. I heard him mention it. We had a place, policies that enhance our Na- in hybrids by 2006. hearing on parts of it, as he probably tion’s energy security. Renewable fuels We also provide tax credits for com- knows. are playing a significant role in help- panies that have fleets of 100 or more I think it is fair to tell him that the ing to achieve this objective while pro- vehicles to purchase more fuel-efficient truth is, with this short session, in this viding economic benefits to farmers vehicles. Senator’s opinion—I really worked and rural communities. We are all solidly behind the ideas in hard to get energy legislation passed Another key element to freeing our- this bill. It has 28 cosponsors, and we and was able to pass a comprehensive selves from our foreign oil dependency look forward to moving these ideas for- bill that did some terrific things. He is to introduce electricity as a trans- ward because it is critical for our na- knows that—ethanol, even in the area portation fuel option. Recently, I and tional and economic security and our of cars he is speaking of. We made many of my colleagues in the House economy and our future that we do so, some giant strides with that Energy and Senate test drove plug-in hybrid plus it is just good old American inge- bill—I don’t believe we could start with vehicles on Capitol Hill. These cars nuity that we would do something like the Energy bill this late in the session drive exclusively on electricity for the this and lead the world in moving to- with the Senator’s bill or somebody first 30 miles of every trip. After 30 ward an important electric renewable else’s bill without doing nothing and miles, these cars switch to a normal source fleet of vehicles for our con- just getting bogged down. I thought: combustion engine. Over 50 percent of sumers. Let’s take what we can do and do it. all Americans drive less than 30 miles Clearly, if we are to continue to live But I don’t want the Senator to think each day. That means we could have freely in this country, we must figure the great ideas that he has have been over half of our drivers in America out a solution to our rising dependency forgotten. driving exclusively on electricity, not on foreign oil. Mr. BROWNBACK. I thank the chair- using any oil at all. That is part of my support for S. 3711. man. The good news is that our electricity Near term, we have to do more produc- The PRESIDING OFFICER. The Sen- generation is produced here in Amer- tion. Longer term, we have to reduce ator from Washington is recognized. ica, whether it is coal, natural gas, nu- our dependency and our addiction to GREENLANE MARITIME CARGO SECURITY ACT clear, or renewable sources such as oil, period. Here is a bill and a way we Mrs. MURRAY. Mr. President, we water power and wind. We would be can do it. As we observe what is taking have waited day after day in the Sen- place in the Middle East—even today fueling a majority of our transpor- ate on political issues when we should we can see volatility in that region. As tation sector with American sources of be taking the Senate’s time to make we observe what is taking place in our energy as opposed to foreign oil. Plug- America more secure. marketplace, I believe you can see a ging in your car during offpeak hours Last week, the majority leader men- yearning for vehicles that get higher when power is in a surplus and cheaper tioned port security in a long list of mileage and we can use with plug-in would soon just become part of the issues to be debated before the August technology. modern daily routine like plugging in I think we have to pass S. 3711, and recess. your cell phone before you go to bed. then in the future let’s move this car While Senator FRIST continues to Offpeak electricity can be the equiva- fleet to be based more on renewables pay lipservice to this important pri- lent of 50-cent-a-gallon gasoline. and to be based on plug-in technology ority, I remain concerned that with The car I sat in, and other Members using electricity. only a week left before the August re- drove, went 100 miles a gallon by using I look forward to working with my cess we have no firm schedule or com- the plug-in technology, the hybrid colleagues to be able to accomplish mitment to bring this bill to the floor. technology in the car, and fuel in a that. I urge us in the near term to do I am worried that while the majority combustion engine—100 miles to the what we have to do—pass this bill says it wants to act, it refuses to put gallon, a car available today. which is before us today. any action behind that rhetoric. This was a modified Prius. I don’t I yield the floor. And here’s the bottom line—if God want to tell everybody that this is Mr. DOMENICI. Mr. President, will forbid there is an incident at one of our broadly available. But the people who the Senator yield? ports—the fingers will point to this have modified it to include plug-in Mr. BROWNBACK. I would be happy Chamber. technology were using this hybrid vehi- to yield during the remainder of my And people will want to know: Why cle. time. did the Senate sit on a bill that passed

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8340 CONGRESSIONAL RECORD — SENATE July 27, 2006 the full House and passed the Senate If this was a chemical weapon explod- where we’re vulnerable and to evaluate Homeland Security Committee? Why ing in Seattle, the chemical plume the best security practices. didn’t we make these ports secure could contaminate the rail system, It is why I have worked to boost when we had the chance? Interstate 5, and SeaTac Airport, not funding for the Coast Guard and have The only thing keeping the to mention the entire downtown busi- fought to keep the Port Security Grant GreenLane bill from protecting us is ness and residential district. program from being eliminated year the Senate’s failure to take it up. We At the port, there would be tremen- after year. have to bring up and pass this bill be- dous confusion. People would try to Right after 9/11, I started talking fore it’s too late. contain the fire, but it’s unclear who— with security and trade experts to find I am here today because nearly 5 if anyone—would in charge. out what we need to be doing to both years after 9/11 our country is still vul- Then—when word spreads that it’s a improve security and keep commerce nerable to a terrorist attack. dirty bomb—panic would likely set in. flowing. Just this week, an article in the Se- There would be chaos as first respond- Last year, I sought out Senator COL- attle Times showed us that our ports ers try to react, and residents try to LINS as a partner in this effort. I ap- are not secure. flee. proached Senator COLLINS because I A reporter was able to enter two Next, our government would shut knew she cared about the issue, I knew West Coast ports simply by hiding in down every port in America to make she had done a lot of work on it al- trucks that were entering those ports. sure there weren’t other bombs on ready, and I knew she was someone The reported walked around cargo other containers in other cities. who could get things done. containers in areas that are supposed That shutdown would be the equiva- Since that day, we have worked to be secure. lent of driving our economy into a hand-in-hand to develop a bill and In this case, the security gaps ap- brick wall. It could even spark a global move it forward. I am also grateful to peared to be on the ‘‘land side,’’ but as recession. Day by day, we would feel Senators LIEBERMAN and COLEMAN for the article notes—an incident at any the painful economic impact of the at- their tremendous work. We know we are vulnerable. Terror- port—whether from the land or sea tack. American factories would not be ists have many opportunities to intro- side—could shut down all of our ports. able to get the supplies they need. duce deadly cargo into a container. It Time is not on our side. They would shut their doors and lay off could be tampered with anytime from Each year, 6 million cargo containers workers. Stores around the country when it leaves a foreign factory over- enter U.S. seaports. And that number would not be able to get the products seas to when it arrives at a consolida- is expected to quadruple in the next 20 they need to stock their shelves. Prices tion warehouse and moves to a foreign years. These cargo containers carry the for these goods would spike, as demand port. It could be tampered with while building blocks of our economy. began to outweigh the supply. And con- it’s en route to the U.S. But without adequate security, they sumers would not be able to afford the And there are several dangers. I out- can also provide an opportunity for ter- items they rely on every day. lined what would happen if terrorists rorists to deliver a deadly one-two In 2002, we saw what the closure of a exploded a container, but they could punch to our country. few ports on the west coast would do. It just as easily use cargo containers to The first punch would create an un- cost our economy about $1 billion a transport weapons or personnel into told number of American casualties. day. Imagine if we shut down all our the United States to launch an attack The second punch would bring our ports. anywhere on American soil. economy to a halt. One study concluded that if U.S. In fact, in April, 22 Chinese stow- Today, we are not doing enough to ports were shut down for just 9 days, it aways were found at the Port of Se- keep America safe. Standing in this would cost our economy $58 billion. attle. They had reached the United Chamber, it can feel like the dangers at Next, we’d realize we have no plan for States inside a cargo container. In that our ports are a distant concern. But resuming trade after an attack—no case, they were just stowaways. Imag- given that our ports are connected to protocol for what would be searched, ine if they had been terrorists sneaking our Nation’s transportation system and what would be allowed in, and even into our country. are often close to major population who would be in charge. There would The programs we have in place today centers, the threat is never far away. be a mad scramble to create a new sys- are totally inadequate. Last year, A recent example makes this threat tem in a crisis atmosphere. thanks to the insistence of Senators crystal clear. On March 21, a container Eventually, we would begin the slow COLLINS and COLEMAN, the Government ship called the Hyundai Fortune was process of manually inspecting all the Accountability Office found that C- traveling off the coast of Yemen when cargo that’s waiting to enter the U.S. TPAT, the program in place, was not an explosion occurred in the rear of the One report found it could take as long checking to see if companies were ship. as 4 months to get them all inspected doing what they promised in their se- About 90 containers were blown off and moving again. curity plans. Even when U.S. Customs the side of the ship, creating a debris Finally, we’d have to set up a new re- inspectors do find something suspicious field 5 miles long. Thankfully there gime for port security. And you can bet in a foreign port, they cannot force a were no fatalities, and the crew was that any new, rushed plan would not container to be inspected. rescued. Fortunately, this incident balance strong security with efficient We have a very clear and very deadly does not appear to be terrorist-related. trade. Unfortunately, the scenario I threat. We know today that current Now I want to imagine this same just outlined is not the stuff of fantasy. programs are inadequate. What are we burning ship sitting just a few feet Rather, it is a realistic portrayal of going to do about it? We could manu- from our shores—in New York harbor events that could happen tomorrow. ally inspect every container coming or Puget Sound, off the coast of Los Nearly 5 years after September 11, we into this country, but that would crip- Angeles or Charleston, Miami, Port- still have not closed a major loophole ple our economy. land, Hampton Roads, the Delaware that threatens our lives and our econ- The real challenge is to make trade Bay, or the Gulf of Mexico. omy. Time is not on our side. We must more secure without slowing it to a Now imagine that we are not just act, and we must act now. crawl. That is why Senators COLLINS, dealing with a conventional explosion. I approach this as someone who un- COLEMAN, LIEBERMAN, and I have been We are dealing with a dirty bomb that derstands the importance of both im- working with all the stakeholders and has exploded on America’s shores. proving security and maintaining the the experts to strike the right balance. Let me walk through what would flow of commerce. My home State of The result was the GreenLane Mari- happen next. First, there would be an Washington is the most trade-depend- time Cargo Security Act. It provides a immediate loss of life. Many of our ent State in the Nation. We know comprehensive blueprint for how we ports are located near major cities. If a what’s at stake if there were an inci- can improve security while keeping our nuclear device exploded at a major dent at one of our ports. trade efficient. port, up to 1 million people could be That is why I wrote and funded Oper- At its heart, this challenge is about killed. ation Safe Commerce to help us find keeping the good things about trade—

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 27, 2006 CONGRESSIONAL RECORD — SENATE S8341 speed and efficiency—without being hold them accountable. The bill we Gulf of Mexico Energy Security Act of vulnerable to the bad things about have written provides the infrastruc- 2006. I was very encouraged by the trade—the potential for terrorists to ture to ensure accountability and co- strong vote to proceed to debate on use our engines of commerce. ordination. this bill. I hope we can do this for the Mr. DOMENICI. Would the Senator I take a minute to thank Senator people of America to begin to see the yield for a minute without her state- COLLINS for her tremendous leadership energy prices in this country start ment being interrupted? on this critically important issue. I coming down. Mrs. MURRAY. I am happy to do thank Senator COLEMAN for his leader- I am a cosponsor of this bill. It is a that if I can have additional time to ship and work as chairman of the Per- compromise and reflects much hard answer the Senator’s question. manent Subcommittee on Investiga- work from all of the gulf coast pro- The PRESIDING OFFICER. Without tions. Senator COLEMAN has helped ex- ducing States, including Florida. I es- objection, it is so ordered. pose our vulnerabilities, and he has pecially want to mention Senators Mr. DOMENICI. I ask that following worked with us to develop solutions. I LANDRIEU and VITTER from Louisiana, the remarks of the Senator, Senator also thank Senator LIEBERMAN for his who have pushed for a long time for HUTCHINSON of Texas be recognized for leadership on this issue. I commend all this kind of proposal. 5 minutes. the other cosponsors of our bill: Sen- The people of America are not inter- The PRESIDING OFFICER. That is ators FEINSTEIN, SNOWE, DEWINE, SALA- ested in political rhetoric. They want already part of the order. ZAR, SANTORUM, GRAHAM, CANTWELL, Congress to take action on the rising Mr. DOMENICI. And that I, the Sen- DURBIN, and BYRD. energy costs in this country. This is a ator from New Mexico, follow her for We are seeing tremendous progress potential near-term solution for a long- up to 20 minutes. on the House side with the Safe Port term problem. The PRESIDING OFFICER. Under Act. I thank Representatives DAN LUN- For too long, we have neglected our the previous unanimous consent re- GREN and JANE HARMAN for their bipar- own resources in this country, includ- quest, the Senator has already been tisan leadership. ing those in the Gulf of Mexico. This recognized, but no specific time Finally, I thank the numerous Fed- bill will bring access to more than 8.3 amount was set for the Senator from eral, State, and local officials as well million acres in the Gulf of Mexico for Texas. Following the Senator from as all the industry representatives for oil and natural gas, with the produc- Texas, the Senator from New Mexico their tremendous assistance in crafting tion in leases 181 and 181 south. It will will be recognized for 20 minutes. this legislation. Those people truly are provide access to over 1.26 billion bar- Mr. DOMENICI. I thank the Chair. the front lines of securing our Nation’s rels of oil in these areas. Mrs. MURRAY. Mr. President, the ports. I have been very proud to work To put this in perspective, the aver- GreenLane Maritime Security Cargo with all of them. age annual fuel consumption for cars Right now, today, we have a choice Act does five things. and light trucks, according to the Fed- about how we deal with cargo security First of all, it creates tough new eral Highway Administration, is 14.5 and the challenges facing us. If we wait standards for all of our cargo. Today, barrels of gasoline; that is, 607 gallons. for a disaster, our choices are going to we don’t have any standards for cargo This 1.26 billion barrels of oil is enough be very stark. We should make those security. energy to fuel approximately 87 million changes now on our terms before there Second, it creates the GreenLane, vehicles for a year. is a deadly incident. which provides an even higher level of We cannot afford to stand by and Let’s protect America before an security. Companies have the option to image like this hits our television allow our import costs of oil to con- follow those higher standards of the screens. Let’s not wait until a terrorist tinue to increase. Since 2001, those GreenLane, and their cargo—those incident strikes again to protect our prices have gone up 150 percent. Addi- companies which agree to that—will be people and our economy. tionally, the bill will provide access to tracked and monitored from the mo- Earlier this year, the American peo- 5.8 trillion cubic feet of natural gas. ment it leaves a factory floor overseas ple woke up and spoke out when they To put that figure in perspective, it until it reaches the United States. We heard that a foreign government-owned is six times the amount of LNG we im- will know where that cargo has been, company could be running our ports. port every year, three times the we will know every person who has That sparked a critical debate. Now we amount of gas currently in storage, touched it, and we will know if it has need to set up a security regime that and enough natural gas to serve 107 been tampered with. The GreenLane will actually make us safer. Until we million households. will simply push the borders out by do, none of us should be sleeping well America’s yearly natural gas bill has conducting inspections overseas before at night. A terrible image like this, a risen from $50 billion to $200 billion cargo is ever loaded onto a ship bound burning container ship with a dirty over the last 6 years. This increase im- for the United States. And we will pro- bomb in one of America’s harbors, pacts farmers, ranchers, business own- vide incentives for companies to use could be on our TV screens tomorrow. ers and households. We must continue those higher standards of the This Congress needs to act today. We to discover and support alternative en- GreenLane. have heard the majority leader say we ergy proposals. Congress has done that. Third, our bill sets up a much needed need to address port security, but Congress passed a bill last year, signed plan to resume trade quickly and safe- words will not protect us from terror- by the President, that focused on other ly to minimize the impact on our econ- ists, words are not going to help us find sources of energy besides oil and gas. omy. a bomb that is hidden in a cargo con- We gave credits for solar power, Fourth, our bill will secure our ports tainer, and words won’t help us tell biofuel, ethanol, wind energy, all of at home by funding port security which containers could be holding a which are renewable sources of energy grants at $400 million. That funding group of terrorists who are trying to that are safe and environmentally will help our ports and our port opera- sneak into our country. We need more clean. That has made a difference. tors to develop and implement security than words. The Senate needs to take Even wind energy has now become al- plans. They can use this funding to up and pass the GreenLane Maritime most 10 percent of the electricity used strengthen their perimeter of security, Cargo Security Act. We only have a few in my home State of Texas. We know if which would have helped prevent a days left before we can do this. We need we put together a number of different number of security lapses that were to act. I urge the leadership, before the kinds of renewable sources of energy highlighted this week in the Seattle August break, to finally bring up and such as corn and soybeans, it can be an Times article. pass the GreenLane Maritime Cargo alternative that takes a tremendous Finally, our bill will hold DHS ac- Security Act before it is too late. burden off oil and gas, which has been countable for improving cargo secu- I yield the floor. the largest supplier. rity. The Department of Homeland Se- The PRESIDING OFFICER (Mr. GRA- I am also encouraged that some of curity is long overdue in establishing HAM). The Senator from Texas. our largest integrated oil companies cargo security standards and transpor- Mrs. HUTCHISON. Mr. President, I are moving toward those kinds of alter- tation worker credentials. We need to rise today to speak in support of the native fuels. I opened a biodiesel plant

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8342 CONGRESSIONAL RECORD — SENATE July 27, 2006 in Galveston, TX, a couple of weeks death of nuclear power—we built for Oil: 1.2 billion barrels. What else? Nat- ago. That is a step in the right direc- natural gas. We took this fantastic in- ural gas, that thing I just talked about tion. It was being opened by Chevron. gredient, this beautiful product of na- that builds an industry, that builds a We are doing some good things. ture—natural gas—and we poured it manufacturing base, that keeps the The global demand for oil and nat- into the powerplants. And we are still price down. Right? It makes supply ural gas is rising at a rapid rate. That doing some. I did not think we were, more rational. is what is causing the prices to go up. but we are still building a couple. There sits 6 trillion cubic feet of nat- We have to look to our own resources. Rather interesting. I do not want to ural gas in that property. Well, that One of those major resources is the even insinuate by saying where, but we does not sound like anything except it Gulf of Mexico. I also hope we eventu- are building some. is enough energy to take care of 6 mil- ally will look at other resources, such In the meantime, millions of Amer- lion houses for 15 years. That is pretty as Alaska, which contains comparable ican homes have done what everybody good if you look at that as an average resources to that of the Gulf of Mexico. thought was right, and that was to American. We can do something ourselves with hook on to natural gas. Then across So what we decided was: Yes, we the resources of our own country if we this land we built a manufacturing surely, last year, passed a great energy combine the research and new emerg- base, huge in size, made up of, for ex- bill—which I will talk about in a mo- ing sources of energy as well as the old ample, the chemical industry. I assume ment—but we couldn’t get this one standard oil and natural gas sources we the occupant of the Chair knows about done, so let’s get this one done this also have. If we don’t act, we are jeop- industries like that. Many Senators do, year for the American people. I regret ardizing our economic and national se- and they probably have been contacted to say we were moving forward with, curity. by their industries—the fertilizer in- again, locked arms with my colleague This bill also helps the States that dustry, the plastics industry, involving from New Mexico, Senator BINGAMAN, are allowing drilling to mitigate the thousands of workers. What raw prod- to get this done when we had to break. costs this production brings to their uct do they use for manufacturing so We had to break paths because I de- States. In my State of Texas, we have they can employ and sell products? cided to stand for the past would get us 367 miles of coastline which has sus- Natural gas. the fruits of the past, which would be tained impacts from production. Texas So what happened? We used it up. All nothing, so that if we did not share has helped finance and support much of of a sudden, we had a big problem in some of the revenue with the sur- the gulf coast production. The entire the gulf and the price went through the rounding States, we would still get no Nation has benefitted from lower fuel roof. And we had some rigging and a oil and gas, we would still be in mora- costs due to these investments. This few other things occurring that we toria, and we would get no revenue for production, however, has had an im- found out about with that Houston the Treasury and no revenue for the pact on my State and the coastal areas company. But, in any event, what hap- States. But, most importantly, that of my State. This bill will begin to help pened is the price of natural gas sky- beautiful product, natural gas, and the mitigate those impacts. It provides the rocketed and the supply produced by crude oil that is there with it would gulf producing States, beginning in Americans for Americans became in- still be there and nobody could touch 2007, with 37.5 percent of revenues. sufficient to meet our needs, and we it. Fifty percent will go to the U.S. Treas- began to say: We are going to have to So with that in mind, we worked and ury, and the rest, 12.5 percent, will be go buy natural gas around the world. we worked and we worked, with the shared among all the States of our What a frightening thing. We just got help of the great Senator, MEL MAR- country. Every State is going to ben- through this huge problem of gradual TINEZ, from Florida, who was coura- efit from passing this legislation. dependence upon foreign crude oil to geous, and we protected his State suffi- Today, a barrel of oil is selling above where we are more than 60 percent de- ciently, I think admirably, for him to $74. pendent, and there is nothing we can say yes. Today I understand his co-Sen- Every American is feeling the im- do about it. We cannot produce suffi- ator said yes. Thank you, Senator. pact. This is a piece of legislation that cient crude oil to change that equa- Thank you very much, Senator NEL- can have a very positive impact very tion, the crude oil needed to run Amer- SON. He came here and said yes. Four quickly. I urge my colleagues to sup- ica’s transportation needs. coastal States said yes. They had been port this legislation. Let’s send it to And when we complain, remember saying no more, and now we have an the President. Those leases will soon be the old idea of Pogo: ‘‘We have met the opportunity. ready for bid. It is our responsibility to enemy and he is us.’’ The transpor- We do not need to wait around and do that. tation needs are 70 percent of the oil say: Let’s add 20 other items for the I yield the floor. used. And that is your cars, ladies and American people. You cannot add 20 The PRESIDING OFFICER. The Sen- gentlemen, your SUVs, the trucks and more items. They still have to go to ator from New Mexico. buses. That is 70 percent of the oil. the House. They do not have 20 items Mr. DOMENICI. Thank you, Mr. Now here we grow dependent for waiting around. So whatever great President. Thank you, fellow Senators. that. And here in America we grow ideas are pending, we cannot pass First, Mr. President, and fellow more and more dependent upon natural them, first, because if you keep adding Americans, for those who have watched gas. And here sits—while all of this is them, it means you will not pass this the Senate over the last couple days, it happening—along the seaboard of bill, and, secondly, they do not go any- must have been a pretty enjoyable America a giant sea of natural gas and where. time because Senator after Senator crude oil which has been taken off the So let’s do this one for the American came to the floor—maybe 12 or 15 market by what have been commonly people. And if this happens, it says, put versus 2 or 3 opposed—12 or 15, all posi- called moratoria or moratoriums, say- that land out to the American drilling tive and for something, for a change, ing: Do not touch that because it is off companies now, and a big portion of it sending a signal here in the waning the sea coast of California; do not will be available within a year—within days of this session before we go home touch that because it is off the coast of a year. for a recess when it is hot out there New Jersey. In this case, we have a Now, I will respond to Senator BINGA- and the price of natural gas is going small piece of Federal real estate. I am MAN’s points in opposition. up. The people know it, and they are not going to put the maps up again I do believe that every point he made hearing rumors that pretty soon we are today, but it is 8.3 million acres. in opposition is refutable, and I will re- going to be importing natural gas from Sounds like a lot, but, believe me, fute them later. But I want to say the all over the world, where we used to be when you look at the coast, it is small. simple fact is we had to go our own a totally self-reliant country on nat- We are looking in this bill at 8.3 mil- ways for one simple proposition. Both ural gas. lion acres, which we cannot put out to of us understood we needed to go ahead We have made a mistake. In the last bid for American companies, large and and deepwater drill this land, although 17 years, every new powerplant we small, to go drill for what is known to with the passage of negotiations be- built—because we were frightened to be there. What is known to be there? yond the time that he and I—Senator

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 27, 2006 CONGRESSIONAL RECORD — SENATE S8343 BINGAMAN and I—had reached accord, should not do this. We should do many abroad for our energy sources for use we added substantial property to this other things. We did the other things. I here at home. The Gulf of Mexico En- arrangement. But the point of it is, we am trying to tell you, we did many of ergy Security Act begins to address broke on the proposition of: Shall we them, and we probably should start this problem. bring a bill to the floor with no with a second round next year. But if Now, it is argued by a few that this revenuesharing with the States—which we start trying to get more instead of bill is not worth doing because the I concluded will never pass; we will not this, we will get nothing for the Amer- Minerals Management Service is pro- get it done, and we will be right back ican people, nothing for natural gas posing to open parts of the 181 area in where we were—or do we do what we supply, nothing for our consumers to its recently published 5-year plan. Crit- have done here and say the abutting rely upon in terms of bringing the price ics argue that since the administration surrounding States get a portion? of natural gas down. And that is what has announced intentions or plans to Now, let’s get this straight: The Fed- I want to do and want to get done. open parts of 181 equal to 2 million eral Government still gets the major- So the Energy Policy Act did what I acres—containing approximately 620 ity. They get 50 percent straight up of have described, and many more things, billion barrels of oil and 3 trillion cubic the royalty. And 12.5 percent is for the some of which I will describe later. But feet of natural gas—it is not worth Statewide Land and Water Conserva- I am very proud that in the period of 12 passing this bill which opens over 8 tion Fund. And then 37.5 percent over months we will have passed an energy million acres with 1.26 billion barrels of time—which is not much in the begin- bill that has done all these significant oil and almost 6 trillion cubic feet of ning, but over time is substantial—is things. They are moving along. natural gas. Even if I were to entertain shared with the States that abut so Right now we are wondering about that logic as being sound, let me tell they can say: We are sharing in the the reliability of electricity on the you the pitfalls of assuming that the burdens while we are joining in sharing grid. I can tell you that in the Energy administration lease sale will go in the wealth. Act the studies are just about com- through as planned. We believe the precedent will flow, pleted. Within a month to 2 months It starts with the very point that the once this is done, and we will begin to they will be ready. And they will tell critics make. In November 1996, the look to other States, such as the State us how to fix the grid so it will be to- MMS announced and approved a 5-year of Virginia, perhaps the Carolinas, per- tally reliable, and the exchanges be- plan that included an intention to offer haps Georgia, et cetera, and say: What tween the various portions of the elec- 6 million acres known as the original about similar arrangements later? But tricity distribution system will all be lease sale 181 area for oil and gas leas- right now let’s give the people a gift of made reliable so you will not have the ing. The decision to include this area what is theirs now by passing this kind of blackouts we talk about. was the culmination of extensive con- measure. That is because of the Energy Act. sultation between the Federal Govern- Now, there is one very positive thing But you cannot do it immediately. It is ment and the State of Florida. How- that is happening that is big on the in the mill. That is happening, too. So ever, in 2001 when the Department of scene for the American people that is when you look at it, Congress has done the Interior went to lease this 6 mil- hard to appreciate because it takes some important work in the energy lion-acre area, the administration re- time. That is the impact of the Energy field. Hybrid cars are coming on in duced the lease sale to 1.5 million Policy Act that is a year old this Au- large quantities because of the credit, acres. So recent past tells us that if we gust. The energy policy bill is begin- plus the high price of crude oil. hang our hats on the draft plan as crit- ning to take hold. I regret to say the We can continue, but in a nutshell ics seek today, we will be disappointed. higher the price of crude oil, the more this bill is good for the people who are Critics say—trust the very process that breakthroughs will occur on the part of burdened with the high cost of natural disappointed us a few years earlier in innovators and technologists and com- gas, the high cost of oil. It is their the very same area. I say—in this bill— panies that are making breakthroughs property. We ought to develop it and do direct the Secretary to lease the area. in terms of new kind of cars, new kinds it now. So it has been my privilege, I say—make it clear, make it direct of technology, because the price of having served here for quite some time, and we will get all the resources, and crude oil is saying to them it is worth to be the leader in this particular area. there will be no doubt. the investment and the risk in some- Of that I am very pleased, proud, and I ask this to those who would rely on thing new. grateful. a draft plan as a certainty. Since the So the high price is bringing on new I remind everyone, while natural gas time you were in school, have you ever things. But the act we passed is bring- was taking a little bit of a back seat to written a draft that was the exact ing on huge results. We are in a renais- the rising costs of energy, it has now same as the final product? A draft is sance period on nuclear power. I wish I joined a parade of increases. Today, my just that—a draft. It represents what could come here and show you the dedi- staff informs me that the price of nat- could be opened, not necessarily what cation of the next plant, but that takes ural gas reached a 5-week high, just in will be opened. History shows us the a while. But 25 applications have taken time for us to remind you that you bet- peril of assuming that a draft plan will place since that act, 25 applications for ter put this piece of property on the de- be followed out to completion. nuclear powerplants. So the Senators velopment table so that it can be ren- Furthermore, we should not assume who come down here and say: Why do dered a productive piece which will, in that coastal states will sit by and go this bill; why don’t we do more things; fact, cause that price to continue to along with leasing without the com- we did more things in this huge bill we stop rising and to abate over time. pensation needed to fix the energy in- passed. We created a nuclear renais- Mr. President, I have said on a num- frastructure and coastal environment sance in the United States. ber of occasions that passing this bill is that is so critical to our domestic en- Second, we have a revolution in bio- the most important thing that we can ergy survival. Last week, the State of mass which is going to change rural do in the short term to move toward Louisiana filed suit in Federal district areas into a more vibrant and diverse correcting the supply and demand im- court to block the upcoming lease sale economic rural America because we are balance of natural gas. I would like to 200 off of Louisiana. They did so be- going to use farm products to fill our take the time to refute some of the cause they claim that our flawed poli- gasoline tanks with ethanol instead of specific criticisms made against this cies were inconsistent with their State crude oil. That is all in the Energy bill. bill by a handful of people. coastal plans. This should be a warning The targets are set. The huge mandate First, I would tell you that if we do to all of us. Today marks the beginning is set. And we are rolling with 29 new not develop our resources domestically, of the end of the days of turning our plants having been built. this revenue sharing question will be backs on our coastal States while we One of our Senators implied we moot—because we will not have reve- turn our energy dollars over to hostile should not be so narrow and take just nues to share. The capital will be spent regimes. this bill. Just this bill? Just this bill is overseas for foreign exploration and de- The critics of this bill will also say pretty much—the one we are talking velopment and we will continue the that we took too much property off the about, right? It is big. It was said: We cycle of sending our American dollars table in the Eastern Gulf of Mexico to

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8344 CONGRESSIONAL RECORD — SENATE July 27, 2006 get the resources in 181 and 181 south. But I will say this—the criticisms are natural gas and oil went up nearly 25 They point to the areas east of the not based in fact, but rather cling to a percent. Last year, the percentage of military mission line off the Florida flawed philosophy of the past. Over the credit card bills 30 days or more past coast and say that we have given up ac- next couple of days, people will trot due reached the highest level since the cess to 21 trillion cubic feet of natural out quotes, cases, statutes, and general American Banking Association began gas off of Florida’s coast. But this ar- precedent from years gone by. Mind recording this information in 1973. The gument is illusory. you, all of this data and precedent will ABA’s chief economist cited high gaso- We do not have access to these areas come from a time when we did not im- line prices as a major factor. currently. With or without this bill port 13.5 million barrels of petroleum We recently had good news that Re- these areas are under executive mora- per day from unstable regions of the publican tax cuts continue to produce torium—that has been set forth by two world. All of this data and precedent strong economic growth and have Presidents, one Republican and one will come from a time when we did not helped to create 5.4 million new jobs Democrat—through 2012, and these consume 22.2 trillion cubic feet of nat- since 2003. But even as the economy areas have been under this executive ural gas and pay more than 3 times the grows and wages rise, family check- withdrawal since 1990. Furthermore, price for it that nations competing for books still feel the pressure. If you get for each of the past 16 years, Congress our jobs pay. All of this data will come a $25-a-week raise but you have to has placed an additional moratorium pre-Katrina and Rita, when our Na- spend $50 a week more than you did be- on these areas without a whisper of tion’s energy coast that hosts nearly 50 fore for gas, food, or medical care, you challenge. To say that this bill locks percent our refining infrastructure was are still $25 worse off than you were be- up these areas is not forthright. ravaged by natural disaster. I ask the fore. It is no wonder that Americans’ These areas are locked up until 2012 critics to rethink their policy of the optimism about their economic future and ultimately, under the authority past, to reexamine this precedent in has faded as concern over their cost of granted to the President over 50 years light of the facts as they exist today, living has increased. ago in the Outer Continental Shelf not as they would wish for them to Lands Act, the President can continue exist. There is no quick fix to this di- this moratorium at any time. The cur- This compromise agreement is the lemma, but there are many things that rent executive moratorium expires in best thing that we can do now in the will work together to secure our eco- 2012 in the Eastern Gulf of Mexico. This short term, to relieve the cost burden nomic prosperity. We can address ris- bill extends this time on certain areas on the American consumer. America is ing health care prices by making to 2022. Does anyone assume that the watching. health insurance more affordable for moratorium will be removed anytime I yield the floor. small businesses and individuals and by soon? Does anyone see a viable path to- The PRESIDING OFFICER. The Sen- returning control to patients by ensur- ward lifting this moratorium in the ator from South Carolina is recognized. ing that every American has a health Eastern Gulf of Mexico off Florida in Mr. DEMINT. Mr. President, I come plan they can afford, own, and keep. the near term? The answer, for the to the Chamber today proud to be part Unfortunately, so far this year the time being, is unequivocally—no. of a Republican majority that is work- Democrats have succeeded in obstruct- Furthermore, Secretary Rumsfeld is ing to build a future of hope by securing these key things which would lower on record as saying that, while the De- ing our homeland, securing our pros- the cost of health care. partment of Defense is fully supportive perity, and securing our values. We can also invest in the flexibility of the national goal of exploration and This week, we are debating a bill and choice necessary to train the best production of oil and gas offshore, the that will lower the cost of living for all workforce in the world, so that we can Department of Defense believes that Americans by cutting the cost of gaso- attract the best jobs in the world. any such activities east of the military line, natural gas, and heating oil. By mission line would conflict with essen- opening additional oil and natural gas Our goal as Republicans is maximum tial military activities. Critics say reserves in the Gulf of Mexico, this leg- wage, not minimum wage. Unfortu- that it is my bill that locks up these islation will secure our homeland by nately, again, the Democrats are ob- areas when in fact, these areas are reducing our dependence on foreign oil structing ways that we can create deemed essential to our Nation’s mili- and securing our prosperity by pro- more alternatives and choices to im- tary needs. Until the President, Sec- viding real relief to millions of Ameri- prove the quality of our workforce and retary of Defense, and both Houses of cans who are struggling to keep up the amount of pay people earn. Congress render a different decision with their rising cost of living. We can also work to increase our nat- about this area, it is specious to sug- Unfortunately, while there are some ural gas and oil supplies and to reduce gest that this bill is locking up these Democrats who are working with us on the cost of gas, increase America’s sup- areas to production. this bill, most are threatening to ob- ply of energy, while we encourage con- Unquestionably, this bill opens up 8.3 struct this important legislation even servation and reduce our dependence million new acres to development of though it would help lower energy on foreign oil. nearly 6 trillion cubic feet of natural costs for American families and in- The good news is that Republicans gas and 1.26 billion barrels of oil. The crease our energy independence. We are working—one step at a time—to se- proof of the substantive merits of this cannot allow a few extreme environ- cure our prosperity. We understand the bill lie in its broad support around the mental lobbying groups to continue to American people need real solutions, Nation from America’s agricultural hold our country hostage. not more Democrat obstruction. community, manufacturing commu- American businesses, both large and nity, producers of chemicals and plas- small, are feeling the pinch. Recent es- Some say there has been no coherent tics, the textile industry, the utility timates show that since the year 2000, Democratic energy strategy since early sector, and small businesses. Literally, 3.1 million high-wage manufacturing in the Clinton administration. Well, I thousands of consumer groups rep- jobs have been eliminated or moved disagree. They have a strategy; it is resenting millions of Americans and overseas, where energy supplies are just the wrong one. As you can see millions of American jobs say the same plentiful and costs are lower. from the chart behind me, the Demo- thing—that S. 3711 provides the much American families are also strug- cratic energy ‘‘policy’’ is built on two needed relief for the American people. I gling to make ends meet. In a recent key principles: raise taxes and block know that I only addressed a few of the survey, nearly 80 percent thought the real solutions. criticisms of this bill, but I dismissed rising cost of energy was hurting our The Democrats, back in 1993, at- them, because they are not real. If I economy and threatening jobs; 90 per- tempted to raise the taxes on gasoline had all day to myself, I would continue cent of those polled said high energy by 7.5 cents a gallon. They were unsuc- to dismiss the criticisms one by one. I costs were impacting their family cessful there. But with the Democratic will leave that to my many distin- budget. Despite having been through majority and President Clinton in the guished colleagues who support this the warmest winter on record, heating White House, they were able to add 4.3 measure. bills for homes that are heated with cents a gallon to gasoline later in 1993.

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 27, 2006 CONGRESSIONAL RECORD — SENATE S8345 The Democrats have blocked energy tuating energy prices, we must elimi- ward on not just having a piece of en- solutions by refusing to write a na- nate Government-imposed regulatory ergy legislation come to the floor that tional energy policy of their own dur- roadblocks in order to increase our en- only has one particular provision in re- ing the whole 8 years of President Clin- ergy supply and get these resources to sponse to our energy needs, but what ton’s administration. They have tried consumers quickly and affordably. We we can do for a broader energy strat- to block President Bush’s comprehen- can unshackle American entre- egy. sive national energy policy, and they preneurs—the best in the world—and Many of my colleagues may have also succeeded for 4 years. As we heard from allow them to fully develop our natural turned on the television and seen that our chairman, last year, we were able resources and still protect our environ- oil companies continue to report astro- to pass a comprehensive energy bill de- ment. nomical profit, and the public has a spite Democratic obstruction. The Our long-term energy policy must right to ask why. I hope that next Democrats have continuously opposed focus on creating a diverse energy in- week, when we take up the legislation our developing oil supplies in Alaska. frastructure that includes new tech- dealing with the reauthorization of the Let’s look at one chart to show what nologies such as hydrogen, fuel cells, Commodities Futures Trading Act, we happened over the last couple of dec- and other alternative forms of energy. might be able to discuss the issue of ades. This makes the point about what Many of these technologies—currently price gouging and what we can do to this does to energy prices. Our graph in early stages of development—have protect the public from those kinds of shows the increase in gas prices since shown great promise and can revolu- activities. I know many people in 1991. At every point along the way is tionize the way we fuel our cars, America are shocked to see, again, quarter profits from companies like when we voted to expand our oil sup- homes, and businesses. plies from Alaska, and at every point Mr. President, energy costs are on Exxon jump 36 percent, and that is over last year’s $10 billion record profit. So along the way the Democrats have the rise and the ball is in the Demo- a lot of people in America want to blocked this and obstructed it and at- crats’ court. For years they have com- know what we are going to do not only tempted to blame Republicans when plained about high energy prices and in the short term, but also in the long gas prices continued to go up. then blocked the very solutions that Let’s go back to the other chart. The term on this energy issue. would lower them. I know that while we are only dis- Democrats have blocked expanding our Republicans have real solutions on refinery capacity, which we know is a cussing this particular proposed piece the table, such as the deep sea explo- of legislation on one issue, this Senator key element in increasing the cost of ration in the gulf that we are debating gasoline. We look at boutique fuels, thinks it is very important to bring up today. We know it would diversify our a broader global context to the chal- which are the regulation that has re- energy infrastructure, and it would in- quired refineries to produce different lenges that the United States faces in crease our supply of affordable, abun- this energy crisis and why it is impera- fuel blends for a number of different dant, and environmentally friendly en- States. That raises the price. When we tive, with everything going on in the ergy. Most importantly, it would re- Middle East, that we continue to be tried to change that, they blocked it. duce the cost of living for Americans Coming up to today, the Democrats very aggressive about a U.S. energy and stretch their paychecks all the have blocked energy solutions that policy that will get us off of our focus way to the end of the month. would lower the cost of gasoline for on oil and get us on to being a leader in I ask my Democratic colleagues to the world economy not just in the Americans and then they attempt to reject their leaders’ tired strategy of come down here on the floor of the United States on energy technology blocking real solutions and then blam- Senate to blame President Bush and but around the globe. ing Republicans for the problems that the Republicans when it doesn’t get Earlier this month, I spoke to the remain. Working together, we can done. It is clear that active Democratic Washington Council on International bring down the cost of living for all obstruction has escalated the Amer- Trade. That is in Seattle. It happened Americans by reducing the cost of gas, ican energy crisis and increased the to coincide with the 33rd anniversary increasing America’s supply of energy, cost of gas. that Senator Magnuson had taken a Republicans recognize that our en- encouraging conservation, and reduc- trip to China to visit with the Foreign ergy problems didn’t occur overnight ing our dependence on foreign oil. Minister. Maggie led that congres- and they won’t be fixed overnight. But With that, I yield the floor and I sug- sional delegation after President Nixon we understand that if we fail to address gest the absence of a quorum. opened up the door to China, and he rising American energy costs, we will The PRESIDING OFFICER. The had a 2-hour meeting with the Foreign create yet another incentive for busi- clerk will call the roll. Minister there. It is interesting be- The assistant legislative clerk pro- nesses to locate overseas and leave cause there are notes from that meet- ceeded to call the roll. American workers behind. ing in which Senator Magnuson said he To keep the United States competi- Ms. CANTWELL. Mr. President, I ask was going to talk about everything tive, we must transform our energy unanimous consent that the order for from the Pacific Northwest to energy policy to meet pressing short-term sup- the quorum call be rescinded. issues, but he happened to scribble a ply needs, while exploring new alter- The PRESIDING OFFICER (Mr. VIT- little phrase on a piece of paper that is native solutions to meet the long-term TER). Without objection, it is so or- still recorded in history, which says needs for abundant, affordable, emis- dered. that China can no longer be an island sion-free energy. Ms. CANTWELL. Mr. President, I in the world. I certainly believe that In the Energy Policy Act of 2005, we rise today to join the discussion about China can no longer be an island in the did just that, despite Democratic ob- the Gulf of Mexico Energy Security world. Three decades ago, this policy struction. Now, our natural gas capac- Act, and I want to say at the outset was correct, but it is even more impor- ity has expanded by 1.34 billion cubic that I support legislation to open up tant today as it relates to our global feet a day, and 25 new nuclear facilities lease sale 181 as reported out of the energy needs and the United States and are being planned. If these 25 plants are Senate Energy Committee, and I sup- China working together. built, experts estimate that 15 million port new environmentally responsible It is no surprise that China’s influ- households will be powered by this energy exploration in the gulf. ence has come to the forefront of the zero-emission source of energy, and 120 Obviously, this legislation before us global economy debate and that every- new, clean, coal-based facilities are in differs from what we passed out of the body realizes that we are tied together various stages of being planned. Energy Committee, and we are still in so many ways. President Hu was re- These are a lot of facts and figures to looking at the various impacts of this cently in Seattle, and we discussed a be sure, but the bottom line is that all particular legislation. Some of my col- variety of issues between the Pacific these numbers translate into real sav- leagues have come to the floor to talk Northwest and, obviously, we have a ings both now and in the future for about the larger energy debate, and I great economic relationship in selling American families. wanted to make sure I came down and airplanes, coffee, software, and a vari- But we must do more. To address the expressed my concerns and comments ety of agricultural products to China. short-term issue of constantly fluc- about what we need to do to move for- We continued those discussions.

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8346 CONGRESSIONAL RECORD — SENATE July 27, 2006 What we see today is that the global our circumstances. Beijing has been issues, energy cooperation, and proto- energy issues are prevalent in our trad- racing around the world trying to lock cols. The International Energy Agency ing relationship with China, and they in production for oil and gas in Canada is an intergovernmental organization are also important to our national se- and Saudi Arabia, and they are looking with 26 different member organizations curity issues and, obviously, to our en- at suppliers for a variety of energy which prepares and seeks information vironmental issues. That is why I be- needs. Unlike the United States, they about how to mitigate global supply lieve it is time for us to take up and es- are looking in places such as Sudan, and shocks. tablish a formalized, high-level dialog Angola, Burma, and Iran. As one of our In recent years, this organization has between the United States and China distinguished international national served as a clearinghouse for informa- on energy policy. There are various ac- security experts, Henry Kissinger, has tion on global energy prices and tech- cidents of geology in this world, and I suggested, energy resources may cause nologies. With China’s membership in think I have said many times on the international conflict in the coming this organization, I believe we would Senate floor that the United States years. see a lot more cooperation and infor- only has 3 percent of the world’s oil re- So what do we need to do about that? mation that could help us mitigate serves. So when it comes to that situa- I believe we need to get serious about some of these spikes. tion, basically, China and the United this effort here and that the United Some people have looked at China’s States have landed in the same boat; States and China share concerns about energy policy and called it ‘‘mercantil- that is, neither one of us can drill our high oil prices. We have a common in- istic’’ as they go around and buy up way to energy security within our bor- terest in working together to mitigate these resources at the wellheads in var- ders. But both of our economies have global supply shocks and resulting ious regions of the marketplace. En- grown increasingly susceptible to these price spikes. couraging them instead to be involved global energy spikes, and we need to Both nations need to work harder to in the IEA would move Beijing to be a act aggressively together to address increase energy efficiencies and to more constructive player in the global these issues from a global security per- achieve continued economic growth. energy marketplace. spective. There is no reason the United States Clearly, these initiatives—a Presi- As a result, I think it is in our mu- and China should not work together on dential summit, establishing a direct tual interest not to view ourselves as the same side in virtually all inter- U.S.-China working group, and pro- competitors for scarce energy re- national energy negotiations. moting China’s engagement in the sources but as global partners in the Currently, this is far from the case. International Energy Agency—are just race to move beyond the petroleum de- Today, China views the United States a few steps down a very long road to a pendency. Establishing a sustained co- as a competitor in these energy mar- complicated energy security issue. operative relationship with China on kets, and we look at them the same But it is clear that the economies of energy policy will open up new mar- way. the United States and China are now The congressionally chartered U.S.- kets for new American technologies intertwined, and our energy security China Economic and Security Review and companies that we can help create should be considered with a common Commission warned of a ‘‘petroleum and foster with our energy policy here. purpose. Recently, Thomas Friedman wrote collision course well before the world’s This issue will color our relationship that you can, with these new markets, aggregate petroleum supply is ex- with China for decades to come, but if ‘‘turn Red China into green China,’’ hausted.’’ we are direct and proactive in our en- providing America with economic op- I think they are saying that because gagement, there is also opportunity, portunity and a long-term environ- they realize this collision course could and an opportunity for the United mental benefit. be avoided if we work aggressively. But here are some of the facts: This Senator believes we must take States in meeting China’s energy needs Today, China accounts for 40 percent of three concrete steps that will put us on is key to their domestic stability and the increase in oil demand. The number a proactive path for engagement and economic growth. Improved coopera- of passenger vehicles on the Chinese cooperation. tion between our nations could have roads have more than tripled since 2001 First, President Bush should work significant economic benefits for both and may equal the United States by with President Hu to convene a U.S.- countries. 2030. So China faces a massive trans- China energy summit. Let me talk about that innovation portation infrastructure moderniza- Second, we should put at the top of for a second. tion. We know there are still 30 million our agenda an effort to establish a The reason I am raising this issue Chinese who didn’t, in 2004, have elec- U.S.-China working group with Cabi- within the context of today’s debate is tricity. So trying to keep pace with the net-level leadership from the adminis- because we are missing an opportunity growing demand, China is essentially tration. Establishing such a group was today. Rather than simply focusing on adding a huge 1,000-megawatt coal-fired one of the major recommendations of drilling, we should be debating what is plant to its grid each week. That is the U.S.-China Economic and Security going to give America and American like adding the capacity every year to Review Commission in a report to Con- companies the lead in 21st century en- serve the entire country of Spain. gress in 2005. ergy technology. These new coal plants have created Specifically, this proposal reinvigo- Because there is an opportunity on problems such as widespread pollution. rated a 1995 U.S.-China energy effi- the horizon in China and other growing Sixteen of the world’s 20 most air-pol- ciency and renewable protocol which I economies, there is a huge opportunity luted cities are in China. think we should get back to. to export American technologies and Even with the influx of plants and At the time, over 30 U.S. firms were products, but we need to seize the tech- patchworks to the grid, there are var- involved in activities and programs nology lead to do so. ious areas of the country that still which were designed to strengthen the Earlier, I spoke about the challenges have uncertain access to power. In 2004, bilateral cooperation and advance the China faces with its incredible growth China had a power shortage in 24 of its role of the private sector by the United in demand. Modernizing China’s domes- 31 provinces. They are struggling with States in China’s energy development. tic energy infrastructure will require a the mammoth task of trying to keep A permanent working group would $35 billion investment. That is every pace with their energy needs. Since also be necessary to oversee any kind year for the foreseeable year—$35 bil- 2001, their consumption has grown at a of joint R&D effort and could serve as lion in investment every year for the rate 11⁄2 times the growth of its overall an arbiter and negotiator for tech- foreseeable future. economy. So we see that China, be- nology transfer issues. So we must work to open up these cause it was poorly endowed with nat- And, third, I believe, in addition to Chinese markets to grid management ural resources—except for coal—has in- the bilateral engagement, we should software, smart metering technology, creasingly become dependent on oil im- work to bring China into a membership new transmission technology, biomass ports. of the International Energy Agency. and biofuels, and related innovations. Now China relies on the Middle East I know the Presiding Officer has These things are emerging tech- for half of its oil, which is similar to thought a great deal about energy nologies in the United States, which we

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 27, 2006 CONGRESSIONAL RECORD — SENATE S8347 could further accelerate not just for The question I have in mind today is, wetlands, which we in Louisiana call our domestic benefit, but also as a sup- why are we ignoring this larger debate America’s wetlands because it is the plier for that growing, demanding Chi- and opportunity? Why are we not de- mouth of the greatest river system in nese market. bating a larger energy bill for the 21st North America. So many of these wet- Given the evolving nature of China’s century in which we continue to pro- lands help the industries of trade, com- energy industry from its complete mote the energy innovation that can merce, oil, gas, fisheries, and the gen- state-controlled entities into more hy- lead to a cleaner environment, better eral environment for the whole Nation. brid models, we can help crack open energy security, and certainly greater But today I wish to speak a little bit these markets, I believe, overnight, national security? more about the history of how we got and gaining entry, once again, requires Fourteen years before he went to where we are today and then talk us to be very proactive and engaged, China, Senator Magnuson told the Se- about the value to the Nation of taking with a sustained commitment. I be- attle PI newspaper that failing to trade such a positive step forward, a big step, lieve whoever develops these tech- with China was basically ‘‘pretending a positive step and a step absolutely in nologies that break through to these 700 million people in the world don’t the right direction. Yesterday, Senator economies will hold the key to the 21st exist.’’ DOMENICI, the chairman of the com- century. I want the United States to be Thirty-three years later, it is about mittee, and I spent some time clari- the technology leader there, and I want time that the United States really un- fying the record regarding President us to continue to look for these huge derstand that phrase. It is time that we Truman. The fact is, this was not MARY market opportunities to do so. understand the internal trans- LANDRIEU’s idea, as much as I would Essentially, China today has a 20-per- formation and opportunity to work to- like to take credit for it; this was cent more fuel-efficient target than we gether on energy policy to solve some Harry Truman’s idea: to establish a partnership with the States when oil do. The 2005 renewable energy law man- of our common problems and realize and gas was first discovered, knowing dates that 15 percent of China’s energy some of our great economic opportuni- it would take a strong partnership to comes from renewables by 2020, and the ties. sustain this effort over time, and an in- plant also sets a 20-percent savings I hope next week we will continue to terest on the part of the Federal Gov- standard for new appliances and other discuss various energy policies. I hope ernment, the local government, and technologies. we will continue to open up this legis- the State government to engage in the Consistent bilateral involvement lation to further amendments so that technology necessary and the financial with U.S. counterparts through a U.S.- we can get to other issues that will wherewithal necessary to pursue this China energy working group could help really help the United States succeed frontier, basically, whether it was the foster the changes that we would like in addressing our energy challenges. frontier of the West or the frontier on to see with U.S. technology companies Mr. President, I yield the floor and the Outer Continental Shelf, to get the and could help us grow those busi- suggest the absence of a quorum. natural resources to make this country nesses and opportunities. The PRESIDING OFFICER (Mr. great. Figuring out how to navigate these ALEXANDER). The clerk will call the Now, of course, President Truman, barriers, as I said, I believe requires roll. having come from the experience of the greater cooperation and greater admin- The assistant legislative clerk pro- Second World War, really understood istration involvement in making sure ceeded to call the roll. what he was talking about because al- Ms. LANDRIEU. Mr. President, I ask there is a U.S.-China relationship. though our military and the allied The International Energy Agency es- unanimous consent that the order for forces were quite spectacular in win- timates that China will spend $2.3 tril- the quorum call be rescinded. ning that war, sometimes I think we The PRESIDING OFFICER. Without lion over the next 25 years to meet its forget that it was the steel workers growing energy demands, and that just objection, it is so ordered. and the iron workers and the ship- Ms. LANDRIEU. Mr. President, I modernizing its electricity grid would builders and the boat builders and the have come to the floor again today to require $37 billion annually, a figure women and the families who sacrificed that I referred to a few moments ago. speak about the bill Senator DOMENICI at home, saving their pennies to send So these are great opportunities for and many of us have brought before the every spare item we could for the ma- U.S. markets. They are great opportu- Chamber. The Presiding Officer has chinery necessary to win a war. Yes, it nities to show that we can work to- been a great leader in this effort to takes bravery. Yes, it takes men and gether to be effective. For example, al- fashion a bill that has many fine points women in uniform. But it also takes a ready some organizations on the west and good points and needed points for lot of steel, a lot of supplies, a lot of coast are working together with pri- the country. petroleum, and a lot of natural re- vate foundations and public-private One, it would provide us with a new sources to win a war. America won that partnerships. For example, last year source of oil and gas that will help us war in large measure because we had the State of California signed a pact increase supply in hopes of reducing the natural resources and the military with a sister province in China to pro- and stabilizing the price of oil and gas might combined to provide the vide technical assistance to work to- in this country. The other fine and strength to the allied forces to win the gether on demand-side technologies. wonderful point of the bill is that it great war. The agreement came in large part due takes a portion of the revenues that It was America’s oil production— to the work of the U.S.-China Effi- are now going into the Federal Treas- America’s oil production—that Win- ciency Alliance, a nonprofit group that ury—but future revenues—and dedi- ston Churchill said made him transfer counts as its founding members and cates them to a conservation royalty, the British fleet from coal-powered to leaders various State officials, aca- because Mother Nature every now and oil. Here is a nation literally under demics, environmentalists, and, obvi- then needs its share, too. Being from siege, and a great leader makes a stra- ously, some of the large utilities. Tennessee, Mr. President, and a leader tegic decision. He would rather depend The reason China is a huge market in the environmental area, you most on American oil than maybe his sup- for these kinds of opportunities and certainly can appreciate the value of plies of coal in Europe to give him the that this is taking place, obviously, that. staying power to sustain that war. In from the west coast perspective is be- Of course, the great point for Lou- the Second World War, German tanks cause the west coast has already had isiana, the gulf coast—not that those stalled for lack of fuel, and Japan had an aggressive trade relationship with two points aren’t very exciting to us as to cut the operations of her fleet. It China and also has been aggressive well—is the chance to have a new was America’s natural resources that about these clean energy technologies. source of revenue to actually reverse propelled our allies to victory. So this is happening to a certain degree decades of loss of precious and valuable I think perhaps sometimes in this already on the west coast, but it is a wetlands. These wetlands not only pro- world in which we live, where every- great economic opportunity for our en- tect the 10 to 15 million people who live thing seems so automatic and you just tire Nation if we continue to accelerate along the gulf coast from Texas to Ala- turn on a switch and the lights come it. bama, but also that will restore the on, you plug in your computer and it

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8348 CONGRESSIONAL RECORD — SENATE July 27, 2006 gets booted up, you turn your coffee on America, but for some reason we got oil from places in the world that are in the morning and it automatically stuck on this natural resource issue not friendly, that are dangerous. When smells beautiful in your house, it takes and can’t get off of it. the price goes up, they are happy if it a lot of effort to produce the energy We have an opportunity this week to goes up higher because they know we which is necessary to make our lives move past the 1960s and 1970s and to be are dependent on it. I don’t know if the most comfortable the world has responsible at a time when our country Americans feel as strongly as I do, but ever known and perhaps will ever needs more gas and oil. Now, we are I know people in Louisiana do. We are know. But in the Second World War, going to move beyond petroleum. We happy to have a mutual dependence, I they understood they needed lots of are going to develop new technologies. guess. We don’t think we live on an is- things to win that war, and one of If Senator DOMENICI has his way, he land, but we don’t like to feel depend- them was the natural resources of oil would have the 15 new programs we au- ent. We like to feel strong. We like to and gas. We didn’t know too much thorized in the last Energy bill funded have choices. When you owe people a about the environmental aspects of it to actually invest in new technologies. lot of money or you get your oil and back then but, frankly, all we cared We are good in this Chamber about gas from people and can’t get it your- about was getting our troops home, talking about things, but actually we self, it puts you in a dependent posi- beating the Germans, winning the war, don’t put the money to them. So we tion—not a good place to be most of and saving the world for democracy, sort of pretend we are doing things. the time. That is the place we are in which we did. But even saying that, we are making right now in America. So one of the Then, through the 1950s and 1960s, we progress. I would support more invest- reasons this bill is so important is that got smarter, just as you should if you ments in alternative energies and real it reverses 30 years of drift, 30 years of are growing all the time and you learn, money for real projects to move in that not clear thinking about what depend- and we understood better about the en- direction. But until we do and as we ency really means, and we have to vironment. Then something went are doing that, we need to drill for oil make the change. wrong in the 1960s. Something hap- and gas where we can. I would like to see this bill be a little pened in the 1960s. We forgot where we I want to show you here in America broader in its scope, but it has been a came from. We forgot the sacrifices what the pipeline systems look like compromise, and that is the nature of that had been made. We had a very dra- today. This is the pipeline system: an our political system. This is not a dic- matic spill off the coast of California— extraordinary network of private sec- tatorship, it is a democracy. We on the not a pretty picture. The country was tor—with government support—pipe- gulf coast have worked out a system on fairly good financial footing, and we lines that bring gas from Canada, that that seems to work pretty well, pro- just sort of started backing up. In my bring gas in from the northwest part of tecting Louisiana and Mississippi and mind, we have been backing up ever Canada, bring a multitude of riches Alabama, and respecting our friends in since. from the gulf, the gas connections that Florida who have chosen a different We need to get in a forward gear with move up through your State, Mr. Presi- path for this time, and that is just the a proper mindset to move this country dent, all the way up to the Northeast. situation we are in right now. back in the direction of natural re- And then you can see another in north I think as we open this 8 million new source production, with all the benefits Texas, in Dallas, Oklahoma gasfields, acres here and we can see more of the of the new technology, with all the because, of course, Oklahoma and benefits for the whole Nation, that per- benefits of knowing the mistakes we Texas understand gas. They have a lot haps, as some of us continue to speak made—no turning our back on them— of it. It is shallow in large measure, and travel the country and speak about not pretending the spills didn’t happen, but they are producing a great amount the benefits of being less dependent on and not pretending oil and gas isn’t a of gas for the Nation. This is what it foreign oil and gas and more inde- dangerous business at times. looks like now. pendent, more self-sufficient, and de- I can remember seeing on television This is the area which we along the veloping alternatives and conserving one night—I think it might have been gulf coast understand is rich in natural where we can as well, maybe the situa- on the Discovery Channel, which is a resources, and we have almost per- tion will change. But this is the step wonderful channel my family enjoys fected the technology to reduce the which needs to be taken. watching—they were talking about footprint, to drill far down into the Some people say: Oh my goodness, how we first designed hot water heat- floor of the ocean, deep into the coastal there is just not enough oil and gas ers. Of course, we take hot water com- areas here that are abundant in re- here. I want to tell you how much ing in our house, clean water in Amer- sources and provide the gas necessary there is. It contains enough natural gas ica and hot water, for granted. It hap- to keep people cool in the summer, to heat and cool 6 million homes for 15 pens so frequently, we don’t think warm in the winter, and to keep the years. It holds six times the amount of about it. But when I was watching this manufacturing sector of this country liquefied natural gas imports we are on television, the story was saying we competitive because we have competi- importing today. It represents more oil didn’t always have hot water in our tors now, big competitors—China and than we import from Saudi Arabia, and houses and it was quite a feat to try to India—and if we don’t want to lose it will produce more oil than found in get hot water heaters. every manufacturing job in America, the reserves of Wyoming and Oklahoma In the beginning, when people had and we are on track in some measure combined. So I know when you look at them—and I am sorry I can’t remember to do that, we better find some gas and the whole country and you see just this the year—they kept blowing up, and oil somewhere here. little 8,337,000 acres, people say: Oh my they would just blow people’s houses But in the 1960s, as I said, we got goodness, that is not very much. But it up and people got hurt and people died. stuck in a place that has been dan- is more than the reserves of Wyoming But nobody said: Oh my gosh, we just gerous for this country and went from and Oklahoma combined. This is a very can’t have hot water. We pursued and being a net exporter to win the great- rich area, and Americans deserve to developed the technology, and now we est war ever fought. But in the 1960s, benefit from the natural resources that take for granted the most amazing the situation flip-flopped and the belong to them. thing which is in almost every house in United States became a net importer of Believe me, people around the coun- America: you can turn on the faucet— oil, a situation which has deteriorated try, some people think: Well, they not in New Orleans, where you can’t to the point where today we import 60 must not care about their environ- get any water pressure today, but in percent of our oil. It would be bad ment. most places you turn on the faucet and enough if we were importing that oil I do not have a statistic about this, get clean hot or cold water, to the tem- from friends because when you deal but I bet people in Louisiana and Mis- perature of your choice. But it didn’t with friends, maybe they would give sissippi and Alabama and parts of happen because there weren’t accidents you a good price and maybe, even if it Texas spend more time in the water or problems, but we learned and we was tough for them to produce it, they than anywhere else because we are hot perfected the technology. You can say would still give it to you because they most of the time and we like to swim. a thousand times how that happened in are your friends. But we are importing We swim in our bayous and we swim in

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 27, 2006 CONGRESSIONAL RECORD — SENATE S8349 our lakes and we swim in our gulf this country. We can make friends out seeing a person and only a few water, and we swim all year because it when we want to, but we do not have to bears—wherever they are, they can is warm all the time. Our temperatures when we do not need to or do not want enjoy it. are good throughout the year. to. So that is a great thing this bill does. I do not have statistics on it, but I In addition, I say to the Presiding Of- I hope it survives the conference and bet you we fish more per capita. We ficer, because you have been so good the negotiations because sometimes have more fish than we know what to about this issue, I want to say some- Mother Nature does not have the advo- do with. I laughed when I told my chil- thing about a program. There is a pro- cates she needs here in Washington. dren—I took them out fishing in the gram—we have tried to make it a trust This bill we have presented is not only West—not to be critical of the West. It fund. We did not succeed. But in 1965 good energy policy—because we need is beautiful, of course. But we fished in some very bold, progressive-thinking more production—it is good environ- a stream, and the rule was, after you individuals created the Land and Water mental policy, and it is good economic caught three fish, you had to throw Conservation Fund because they knew policy. them back. My son, who is 10 years old, the American population was going to One final argument I would make for said: Mother, I have never been to a grow exponentially. the bill is this: I know anytime you place where you have to throw the fish We now have almost 300 million peo- bring a bill to the floor, everybody has back, because where we fish, we have ple in this country, and many people an important amendment. I have sev- limits, but they are pretty good limits. around the world who want to come eral other amendments. People could You can catch 30 redfish, lots of trout, and live here, as you know. So we cre- not believe it, but I want to have sev- and you keep them and then you eat ated the Land and Water Conservation eral other amendments on this bill. I them that night. This would be a sad Fund, a little program relative to the know my colleagues have some great world if you had to throw back every billions of dollars we spend up here— ideas. And they say: Well, why can’t we fish you caught. It is a matter of man- only $450 million for the State side and debate all sorts of other things? Why aging your resources. We do that very $450 million for the Federal side—to try do we have to debate the focus of this well. to provide some—in the scheme of bill? People look at me, and they think: things, it is pennies—to provide for I have an answer for that. Because we debated, for the last 6 years, an energy MARY, you are not saying the truth. parks and recreation and the expansion But I am. The best fishing is around of bike trails and walking trails and to bill. We debated for 6 years—day after the rigs. The best fishing is around the preserve the great outdoors. day, month after month, for 6 years— rigs. And when you are on these rigs— I say to the Presiding Officer, you up until a few months ago an energy bill. We had CAFE amendments. We these big platforms—you can look have been a great leader on the out- had alternative fuels. We had reli- down, and you can see the fish. I do not doors. When you think about the beau- ability amendments. We had nuclear need to read this in a statistic. You can ty of the Smoky Mountains and you power. We had amendments about how see the fish around the rigging. Why? think about the beauty of the Rocky to distribute the waste from nuclear Because it acts as an artificial reef, Mountains in the West, you think: power. Should we use electricity? We and it creates a food supply, and the Please, God, don’t let us ruin that. Let debated and debated everything about fish naturally gather there. So we have us keep it. it. been doing this a long time in Lou- Well, the way you keep it is not by wishing for it but by paying for it. And So I do not want people to be left isiana. We would not suggest it. with the impression that those of us We do have beaches. We do not have the way you pay for it is to put it in your budget. We tried that, but it did who are on the Energy Committee pro- the same kind of beaches as Florida, vided no opportunity for people to de- not work. So in 1965 we spent $10 mil- but we have a proud and beautiful wet- bate. We literally took 6 years to lion in the whole country. In 1982, we lands. We are concerned about our en- pass—10 years—10 years, excuse me, to spent nothing because it got zeroed vironment, and we know that while pass the last Energy bill. So 10 years out. Then, in the 1980s, it went back up. there every now and then are mistakes, we debated. We do not have 10 years. You can see basically the high point the technology is getting better and We have until August. We have until was in the late 1970s, at $350 million. better and better, and we can get September. We have to limit the de- One time, 1 year, we sent $350 million American gas so we do not have to talk bate. I know it is unusual, but we have out to all the States, which is not very to Iran, if we do not want to, we do not to take, in my view and in Senator much money per State, to help them have to send our troops to Iraq unless DOMENICI’s view, a positive step for- there is good reason, and we can keep with parks and recreation. Even ward. We have time again to debate our business right here in America. though this was not much, I will tell CAFE. We debated it for the last 10 I want my colleagues to know how you what this money did. It built thou- years, and we will debate it again. appreciative I am, and Senator VITTER, sands of parks and thousands of ball- But right now let’s take this time to for the help and support for this bill parks for our kids to play in and helped remember our history, to remember and what it will mean to the gulf coast shore up the urban parks in New York the great strength natural resources and for Louisiana to save our wetlands. and New Orleans and Memphis. It saved are for the country, to not think of this But I also want to say that for the Na- the redwoods. It helped to establish the as helping the gulf coast, which most tion, as a Senator, I know this is the great wilderness in the Smoky Moun- certainly needs help, but that it is the right thing. And it is long overdue. We tains. You could go on and on with right thing for America at the right have to open up resources in this Na- what this little money has done be- time for America, and in a way that tion and use the technology. cause it got sent to the States. They honors the spirit of this body, which is Now, I do not know when we got off stretched those dollars, and they made open to debate. We do many debates, this track. I do not know when it hap- it work. and will continue, but for this bill, let’s pened. I do not know if it was gradual. In this bill, we have a plan to fund pass it. Let’s send a signal to the But we have to be confident in our abil- this gradually until it will go up to, American people that we are changing ity to move forward and to not be hopefully, $450 million out of new reve- course. afraid but to be bold and press this nues. So it does not contribute to the Today’s debate is focused on 8.3 mil- technology so we can have the inde- deficit. It does not take one penny lion acres of submerged land in the pendence and energy we know we must against any other program. But it Gulf of Mexico, but it is really about have. helps us to build the parks and rec- something much broader and much I look forward to the day when I do reational areas so my children and more important. It is about our coun- not think my children will have to be grandchildren can continue to swim in try’s future. dependent on either China for financ- those bayous, can continue to enjoy It is hard to believe today, given the ing or the Mideast for oil and gas, that Lake Pontchartrain, and whether they complete turnaround in circumstances, they can be like my parents’ genera- are in an urban area in a little pocket but the energy reserves of this country tion: pretty darn independent. We bet- park or in the great Smoky Mountains were once the security blanket for ter get back to that independency in where they could walk for days with- Western democracies.

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8350 CONGRESSIONAL RECORD — SENATE July 27, 2006 When Winston Churchill, as First That is an important step, and it The PRESIDING OFFICER (Mr. Lord of the Admiralty, transferred the sends an important signal to the world. COLEMAN). Without objection, it is so British fleet from coal power to oil, he A couple of months ago, I hosted a ordered. did so knowing that it was American group of French Senators who are in- Mr. DORGAN. Mr. President, I ask oil production that he would rely upon volved in energy issues for their na- unanimous consent to speak in morn- in a crisis. tion. When I showed them a map of the ing business for as much time as I may In the Second World War, as German coastal resources that we have put off consume. tanks stalled for lack of fuel, and limits in this country, their mouths The PRESIDING OFFICER. Without Japan had to cut the operations of her dropped. They could not believe that objection, it is so ordered. fleet, it was American natural re- we would place so much of our security (The remarks of Mr. DORGAN are sources that propelled the allies to vic- in foreign hands, while tying the hands printed in today’s RECORD under tory. of American production behind its ‘‘Morning Business.’’) U.S. energy production was a stra- back. Mr. DORGAN. I suggest the absence tegic asset that allowed our economy We have taken an attitude that of a quorum. to hum in the 1950s and become the somehow drilling and tourism are in- The PRESIDING OFFICER. The envy of our competitors during the compatible no matter the distance in- clerk will call the roll. cold war. volved. Do you know that our col- The legislative clerk proceeded to Yet sadly, we allowed this great stra- leagues in France are drilling for oil on call the roll. tegic advantage to slip away. the outskirts of Paris? Now that is Mr. SALAZAR. Mr. President, I ask Economics played its part. At the making energy independence a pri- unanimous consent that the order for same time as U.S. energy resources be- ority. the quorum call be rescinded. came more scarce, readily accessible Richard Holbrooke is well known to The PRESIDING OFFICER. Without oil from the Middle East started to Members of this Chamber and has en- objection, it is so ordered. come online. gendered real respect in the foreign Mr. SALAZAR. Mr. President, I rise By the 1960s the situation had flip- today to discuss S. 3711, the Gulf of flopped. The United States became a policy community. He stated that our failure to reduce our dependence on Mexico energy bill which is before the net oil importer—a situation that has Senate. deteriorated to the point where the foreign oil is the greatest failing of this country over the last 25 years. I agree. At the outset of my remarks, I say I United States must import 60 percent come to the Senate today to speak of the oil, making us the largest con- We can only wonder what an Amer- ican foreign policy not hobbled by de- about this particular bill with a heavy sumer of energy in the world. heart. It is a heavy heart because the The truly frightening thing is that pendence on foreign oil would look approach which the Senate Committee this country is bracing to allow the like. I promise you this, everyone in on Energy and Natural Resources has same circumstance in natural gas. the world would sleep a little safer. taken over the last year and a half has With seemingly no one guiding our Iran derives 50 percent its revenue, been a good template for how we ought strategic energy direction, this Nation and almost all of its hard currency, to do the business of our country; that is now preparing to double the amount from the sale of oil. We know where is, bringing Republicans and Demo- of natural gas imported into this Na- those revenues go. They go to tion by 2014. The country is faced with Katushka rockets, they go to crats together to try to work out an 45 planned or proposed liquified natural Hezbollah terrorists, they go to a cov- agenda in the best interests of Amer- gas terminals. While it is obvious we ert nuclear weapons program. ica. need them, we must also acknowledge It is fine to say that the United In this particular circumstance with that we are building the infrastructure States does not buy oil from Iran. But this bill, with the opening of the gulf of dependence. oil is a global market. It does not mat- coast of Mexico, we did have a bipar- So one of the reasons this bill is so ter if it is Americans who buy the oil tisan bill that emerged from the Sen- important, is that it reverses 30 years from Iran or the Chinese. If demand is ate Committee on Energy and Natural of drift, 30 years of policy avoidance high, Iran will derive huge revenues. Resources. Unfortunately, from the masquerading as an energy policy. We The truly sick piece of this policy is time it came out of the Senate Energy are sending a signal to the American that the American public pays twice. and Natural Resources Committee public and the world that we are seri- First, they pay at the gas pump, and until today, it has been changed in ous about regaining the strategic ini- then they pay taxes so that our Gov- some significant ways. tiative in energy. ernment can spend billions of dollars The concerns that have been raised We are in a hole that took a long trying to undue the evil that Iran prop- by ranking members are legitimate time to dig, so we must understand it agates around the world. It is like giv- concerns for several reasons. One is a is going to take us a while to dig our- ing money to the neighborhood burglar reason related to the relationships in selves out. so that he can buy a gun. this Senate and how we get along with But we are not going to allow Amer- It is time that our country retake each other to try to come up with solu- ican security to be crippled by this the high ground and the strategic ini- tions to face the common problems we strategic weakness any longer. The tiative on energy. This is only the first face in America today. We were able idea that we can do this by additional step of many. Conservation, alter- last year in the Senate Committee on exploration and drilling alone is false native energy, nuclear power must also Energy and Natural Resources and the on its face. But it is equally false to all receive consideration and attention Energy Policy Act of 2005 to put to- say that the step we take today will from Congress. But this is a step that gether the kind of broad bipartisan co- not help. we can take today. alition that emerged in a good bill. It For the first time in 20 years, Amer- It took the Congress a decade to pass was not a perfect bill, but it was a good ica is taking approximately 6 million an energy bill—we did it with bipar- bill. acres of land that is currently under tisan leadership last year. Imagine the I hope the relationships that carried moratoria out of moratoria. That is a signal we are sending by passing an- us to a successful conclusion with the signal that we are getting serious. Fur- other important piece of energy legis- Energy Policy Act of 2005 will be more thermore, we are opening up a relation within a year of that effort. the norm around here than the excep- source-rich region of the coast. It con- Mr. President, I yield the time. tion. I am hoping, as we work our way tains enough natural gas to heat and I suggest the absence of a quorum. through this particular legislation, cool nearly 6 million homes for 15 The PRESIDING OFFICER. The that those positive relationships will years. It holds six times the amount of clerk will call the roll. also be restored. our annual LNG imports. It represents The assistant legislative clerk pro- From my point of view, when we more oil than we imported today from ceeded to call the roll. worked on the national Energy Policy Saudi Arabia. It will produce more oil Mr. DORGAN. Mr. President, I ask Act of 2005, I saw that as an effort, as than found in the reserves of Wyoming unanimous consent that the order for a Democratic and Republican effort to and Oklahoma combined. the quorum call be dispensed with. build a house of energy independence

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 27, 2006 CONGRESSIONAL RECORD — SENATE S8351 for America. I saw the house of energy the last 3 years. Today we are paying 2030. We should be having a debate on independence being built on corner- twice as much for gas at the pump as S. 2025 in the Senate today. stones that are important for us to we were 3 years ago. Third, we know we must do a lot achieve energy independence. Second, we remember, at the near an- more with biofuels. We must also do We knew then and we know today niversary of Hurricane Katrina, the more to put biofuel-powered vehicles that we could do much better with con- great disruptions that were caused on the road. Right now, the United servation. The experts at the Depart- across America because of Hurricane States consumes about 20 million bar- ment of Energy tell us in the Senate, Katrina, those disruptions showed the rels of oil a day. Two-thirds of the oil oftentimes in our Senate Energy and vulnerabilities of our oil and gas infra- we consume is for transportation. We Natural Resources Committee, that we structure. need to substitute that oil with waste 62 percent of the energy we con- Third, today we are facing a deep- biofuels, biofuels grown right here in sume in America today. We in America ening cycle of violence and confronta- America, on our farms and in our can do better. We can do a lot better tion in the Middle East, making it a fields. To do this, we need to bring with conservation. stark reminder to all of us that our more gallons of biofuels to the market. The experts also say we are at the overdependence on foreign oil brings We need to give consumers access to dawn of a whole new revolution with grave risks and dangers to America’s alternative fuels at filling stations. respect to biofuels. There are many security. We need to retool America’s vehicle Members of the Senate who have The American people and a large bi- fleet to run more efficiently and on al- worked to advance the cause of biofuels partisan group of Senators in the Sen- ternative fuels. S. 2025 does this, and over the last several years. That re- ate share a vision for an energy-inde- we should bring to the floor that legis- newable energy future for America has pendent America. That vision is one lation so that we can have a discussion great potential to help build this house which is powered by renewable energy. about the positive contribution that of energy independence. It is a vision which recognizes the new would make on our road to energy Third, a key cornerstone is the new generation of clean coal and energy-ef- independence. technology being advanced and ex- ficient technologies. Unfortunately, be- Finally, we should have a candid dis- plored throughout our country, includ- cause we are not allowed to amend this cussion of how we can improve the fuel ing the possibility of looking at things bill, we will not have the chance to economy of our vehicles. A number of such as coal gasification. We know coal have that discussion about these ideas proposals are circulating in this Cham- for the United States is no different for which have been generated by many of ber that would, for example, raise us than oil is to Saudi Arabia. We have the Senators in this institution. We CAFE standards or implement a vast resources of coal. The only prob- should allow those ideas to come. ‘‘feebate’’ program. Last week, Senator lem we have with coal is when we burn I will highlight four ideas I believe COLEMAN, along with Senator OBAMA, it, there are environmental problems we should be considering in the Senate and others, introduced a bill that takes created. As we have the technological today. a somewhat different approach to rais- breakthroughs in coal gasification, we First, we should create a national re- ing fuel standards—one that moves us can take advantage of one of the great- newable electricity standard. We in an honest direction to have a much est natural resources we have in our passed a renewable portfolio standard more efficient national vehicle fleet for Nation. So technology is one of the less than 2 years ago in Colorado. It is America. cornerstones, one of the keys that will a modest standard. It was not a stand- Mr. President, there are many other help get us to energy independence. ard that required 30 or 40 percent; it re- great energy legislative initiatives cir- Finally, the development of our nat- quired 10 percent of the power the util- culating in this body. You see them in ural resources is very important. For ity companies deliver to come from re- the Clean EDGE Act, the Vehicle and instance, on the gulf coast or mountain newable resources by the year 2037. Fuel Choices for American Security lands of my State of Colorado, it is im- That forward-thinking initiative has Act, the Enhanced Energy Security portant that we develop those natural already spurred a boom in renewable Act of 2006, the Alternative Energy Re- resources in a way which is sensitive to energy production in our State, cre- fueling System Act, and other bills the environmental impacts created ating jobs and revitalizing rural econo- that have yet to receive appropriate at- from that development. mies. You see them in the wind farms tention. We should bring them forward As we move forward and look at the in Logan County. You see it in the to the floor. It is not as if they belong possibility of the increase in the mod- solar energy utility farms now being to one party or the other. The Roman est production which will come from built across my State. We can do the philosopher Seneca once wrote: ‘‘The the opening of lease 181 and the area to same thing on a national level. In fact, best ideas are common property.’’ the south, we ought to look at other Senator BINGAMAN’s renewable port- We ought to be thinking about en- issues relating to energy and energy folio standard that passed in the Sen- ergy independence, not as Democratic independence. ate last year but was rejected in a con- or Republican ideas. We should be With gas prices over $3 a gallon and ference with the House was a step in thinking about them as American with growing instability in the Middle the right direction. We should have ideas. The question is, How do we as an East and a deepening dependence on that kind of a standard, or perhaps we institution, as the Senate, move for- foreign oil, today should be the day in could try flexible renewable electricity ward in a new direction to get us to en- the Senate where we are talking about standards that account for regional dif- ergy independence? the broad array of ideas relating to en- ferences in our country. There is no It is time that we write an additional ergy independence. We ought not to be doubt that a renewable electricity chapter in the energy future of Amer- so narrowly focused on a very small de- standard would usher in a new era in ica that takes the building blocks of velopment in the Gulf of Mexico—an renewable energy production across the the Energy Policy Act of 2005 and important development, but nonethe- country. That would, in turn, reduce moves forward with the great ideas less, in the grand scheme of getting us our dependence on fossil fuels. that have been developed by so many to energy independence, it is simply a Second, we should establish aggres- Senators over the last year. small step in that direction. sive goals for reducing our dependence Mr. President, may I ask how much Now is a time for this Nation to em- on foreign oil. We should employ the time I have remaining? brace new ideas with regard to energy. full force of our policies in our Nation The PRESIDING OFFICER. The Sen- Now is a time for a real discussion of to achieve them. S. 2025, the Vehicle ator has the floor. energy in this Senate. It is time for a and Fuel Choices for American Secu- Mr. SALAZAR. Mr. President, I see new direction for America as we look rity Act, which has 25 sponsors, Demo- my colleague from New Jersey. at the future of energy for this country crats and Republicans alike, estab- Through the Chair, may I ask the Sen- and for our world. lishes achievable goals of saving 2.5 ator how long he will be? Gas prices today have jumped 25 per- million barrels of oil a day by the year Mr. LAUTENBERG. Mr. President, cent in just a little over a year. And 2015, 7 million barrels a day by 2026, recognizing that our colleague from let’s not forget they have doubled in and 10 million barrels a day by the year the other side is here, traditionally, we

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8352 CONGRESSIONAL RECORD — SENATE July 27, 2006 switch sides on recognition. I ask that As I have said before, S. 3711 will bar on the left side that the authoriza- after our colleague from Wyoming make modest additions to our oil and tion amount for the LWCF program speaks, that I have 20 minutes to make gas supplies with additional leasing in stateside is $450 million. It averaged mine. the Gulf of Mexico. It is not, however, about $94 million. About 98 percent of Mr. WYDEN. Mr. President, I ask a perfect bill. the counties of America benefited from unanimous consent that after Senator I deeply respect the concerns that the grass from the stateside program. SALAZAR finishes his remarks, and Sen- Senator BINGAMAN and several other The amount of money projected to be ators THOMAS and LAUTENBERG finish, I colleagues have made about the fiscal supplied in the LWCF through this leg- may speak as in morning business. I implications of this bill. The new areas islation is only $15 million a year. will revise that. I ask unanimous con- being opened for leasing, they point When you take that $15 million a year sent that after Senator SALAZAR is out, come at a high price. These leases and divide it among the 50 States, done and Senator THOMAS is done and will be on Federal submerged lands on every State would get approximately Senator LAUTENBERG is done, that I the Outer Continental Shelf, which be- $300,000 per year on average. That is may speak, unless another Republican long to the taxpayers of all 50 States. not a significant contribution relative comes to the floor, and that if another Yet 37.5 percent of the revenues from to the historic amounts that have been Republican comes to the floor, that I those leases will be paid directly to made available to the States through be allowed to speak after that in morn- only four Gulf Coast States—Texas, the assistance of the stateside Land ing business. Alabama, Louisiana, and Mississippi. and Water Conservation Fund program. The PRESIDING OFFICER. Is there I appreciated hearing Senator BINGA- So it is important that, as we look at objection? MAN’s thoughtful presentation on the this issue and this legislation, we rec- Without objection, it is so ordered. fiscal repercussions of this revenue dis- ognize that we should not be taking Mr. SALAZAR. Mr. President, I tribution, and I applaud his work on away the historic appropriations that thank my colleagues. I think that the OCS issue, both in this debate and have been made to the stateside Land order makes sense as we proceed with in the consideration of S. 2253, which and Water Conservation Fund. I am the discussion and debate. was a bipartisan bill that emerged from hopeful that we can ensure that those I want to make a point about the the Energy Committee. higher levels of funding for LWCF can, contributions of my State of Colorado As I said, this bill is not perfect, but in fact, be made. to oil and gas development for our it does, for the first time, establish di- Mr. President, the prospect for LWCF country. We know natural gas prices rect funding for the Land and Water stateside funding after 2017 is a little are spiraling out of control, hurting Conservation Fund stateside grant pro- less clear. Because spending after 2017 families and farmers all across this gram. It is truly historic that we are fi- is outside the budget window, it is not country. Colorado farmers, for whom nally creating an honest to goodness included in CBO’s score of the bill. But natural gas is an essential ingredient conservation royalty for offshore based on available estimates of reve- for their fertilizer, are already suf- leases. I appreciate Senator LAMAR nues and direct spending under the bill, fering under the weight of very high ALEXANDER’s work on this initiative. it is likely that, beginning in 2017, In 1964, Congress passed the Land and gas and diesel prices. Now they are also stateside LWCF will receive at least Water Conservation Fund Act, which having to pay record prices for fer- $125 million per year. Indeed, it appears said that if we are going to drill for oil tilizer. Needless to say, they are strug- and gas in the OCS, we should be rein- likely that beginning in 2018—12 years gling to make ends meet. vesting a part of those revenues in from now—stateside LWCF will receive Colorado is doing more than its fair additional funding from ‘‘new receipts’’ share, much like Wyoming, to help our parks, trails, and open space for the use and enjoyment of the American from the area 181 and 181 south. country produce more natural gas. Mr. President, Senator ALEXANDER people. There are currently some 29,000 pro- President Kennedy’s vision and Con- and I introduced legislation, S. 3562, ducing natural gas wells in Colorado, gress’ vision was a bold one in the that would fully fund the stateside and industry estimates project that be- early 1960s. They authorized $450 mil- LWCF. I have prepared an amendment tween 24,000 and 27,000 new domestic lion a year for the Land and Water that echoes that. It would provide at gas wells will be developed every year Conservation Fund stateside grants least $125 million per year of funding to meet the growing natural gas de- program to be provided to States and for the stateside LWCF program begin- mand in our country. local communities as matching grants, ning in 2007 and at least $450 million I am proud that Colorado is home to to help them build ball fields and per year beginning in 2017. My amend- such a wealth of resources and that we trails, to help protect wildlife and open ment would direct revenues from the can help our country through this en- spaces across America. renegotiation of leases issued for the ergy crisis. But we have also paid a Unfortunately, what was envisioned production of oil and gas from the OCS price for these contributions. We know as a conservation royalty has been sub- that provides royalty relief without the development must be done in an ject to the budgetary whims of Con- the necessary price thresholds. environmentally responsible way, but gress. This meant that the program has The Federal Treasury is owed billions the rapid pace of exploration and devel- been consistently underfunded. Year of dollars for those leases. Those leases opment is having a huge impact on after year, Congress has appropriated mistakenly have provided royalty re- Colorado’s land, water, and commu- far too little money—an average of $94 lief without these price thresholds. My nities. The vast open spaces of the million over the program’s 42-year his- amendment, with its $125 million annu- Rocky Mountain West are home to tory. In the last 2 years, the President ally between 2007 and 2016 and up to pump jacks, pipelines, roads, and com- has proposed eliminating the program $450 million per year beginning in 2017, pressor stations. Many communities down to zero. would ensure that stateside LWCF will are very concerned. Hunters and an- With this bill today, we finally create be adequately funded. glers are seeing habitat loss and wild- a permanent funding mechanism—a Mr. President, I wish we were having life depletion. Local communities are conservation royalty—that Congress a larger debate on the energy policy for fighting to protect their watersheds envisioned in 1964. This is a new chap- our country. I wish we were bringing from lease sales that could jeopardize ter in the history of the Land and some of the new ideas on energy legis- the safety of their drinking water. Water Conservation Fund. It is the lation to the floor. I believe the Amer- While I am proud that Colorado can first step—only the first step—toward ican people deserve a great public de- help satisfy the Nation’s energy needs, securing full and permanent funding bate on our energy future and they de- we should also be pursuing balanced for this overwhelmingly successful pro- serve a comprehensive forward-think- production of our resources in the Gulf gram. ing energy policy. But for now, we of Mexico. As much as possible, the As it is drafted, this bill does not pro- must satisfy ourselves with what is at country should share the benefits and vide the level of funding for LWCF hand: a bill that includes modest in- burdens of our energy production, in- stateside that the program needs. creases in production in the Gulf of cluding the production and revenues I want to point to this chart, Mr. Mexico and, I am proud to say, a con- from the Gulf of Mexico. President, which indicates with the red servation royalty.

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 27, 2006 CONGRESSIONAL RECORD — SENATE S8353 Mr. President, I ask unanimous con- goal. It represents an agreement be- under the auspices of protecting the sent that Senator PRYOR be the next tween the States that are most di- environment. We can produce energy Democrat to speak following Senator rectly impacted by the gulf coast pro- with very minimal impacts. We do it WYDEN, with the understanding that we duction. every day in my home State of Wyo- will go back and forth to a Republican The timing of this debate coincides ming. It would be possible in places Senator in between them if a Repub- with the release of second quarter fi- such as ANWR, too, if a minority of lican Senator is here. nancial statements. We heard this Members would not stand in the way. The PRESIDING OFFICER. Without morning from the distinguished minor- We talk about NIMBY, the ‘‘not in objection, it is so ordered. ity whip about energy company profits. my backyard’’ mentality. Now we are The Senator from Wyoming is recog- I feel compelled to respond to the going to be told that it can’t happen in nized. issue. someone else’s backyard. We should re- Mr. THOMAS. Mr. President, we have As I said before, there are many spect that in much the same way we had a long and important discussion Members who have energy proposals. are respecting the concerns of Florida about energy. Indeed, there is nothing Some of them are bad ideas. Among the in this bill, and we should respect the more important to this country than bad ideas is a windfall profits tax, and other Gulf States desiring to allow de- to proceed with that. I am proud to say that is one of the worst. It does not velopment off their coasts. we have an energy policy that is quite work. I raise this because the idea or Yes, they stand to benefit from the broad. Of course, our challenge now is the notion of punishing companies is a revenues generated by new production to implement that policy. knee-jerk reaction we deal with every under this bill. I understand this pro- I rise today in support of S. 3711, the time another fiscal quarter comes to duction happens as far away as 50 miles Gulf of Mexico Energy Security Act. I an end. It should go away. from their shores. These energy prod- begin by saying that the economy is As we talk about the massive profits ucts have to make their way onshore doing well; that we require greater sup- energy companies reap, we need to re- at some point, however. That requires plies of energy is proof of that fact. member these are massive companies. infrastructure and ship traffic to main- There is more demand than there has It is inaccurate and misleading to look tain the rigs. There are impacts associ- been in the past because our economy at the dollar amounts. A more accurate ated with that. We ought to help is strong. This is not to say that Amer- measure is to look at how the energy States with those impacts if they are icans are not struggling with the costs industry is doing relative to other sec- willing to produce energy for our coun- of energy. Of course, they are. We are. tors of the economy. Let’s take a look try. The price of gas, the cost of heating at the second quarter of the last year These States are host to a significant and cooling their homes, the need for as an example. In terms of cents earned amount of offshore infrastructure as well. The 4,000 offshore platforms in electricity provides for difficult prob- per dollar sales, the average across the the gulf are accompanied by dozens of lems. This is true in Wyoming, where U.S. industry was 7.9 cents per dollar. refineries and countless production, we must drive long distances, and we Oil and natural gas earned 7.6 cents on transportation, and marketing facili- have cold winter seasons. We know how the dollar, a reasonable return on in- ties. to solve the problem. We need to investment. Insurance companies earned Personally, I would like to see the crease our supplies. 10.7 cents on the dollar. Software com- revenues from offshore production used The bill we are discussing today will panies earned 17 cents on the dollar. to reduce the national debt. We must provide 1.26 billion barrels, 5.8 trillion Pharmaceutical companies earned 18.6 base these decisions on the realities cubic feet of American oil and natural cents on the dollar. that exist, however. We must recognize gas. If we are going to talk about placing the burdens to be shouldered by the There are, of course, many other punitive taxes on successful businesses producing Gulf States. They provide things we must pursue. I understand as that bring so much prosperity to my nearly 30 percent of our oil and 20 per- well as anyone that we cannot drill our State, that is fine. Please know that I cent of our natural gas. If we act in way out of the energy problems we will ensure the inclusion of Connecti- good faith toward them, I am hopeful face. We must support alternative cut’s insurance firms, California’s soft- other States will recognize the value fuels, renewable energy, clean coal ware industry, and New Jersey’s phar- and benefits of taking part in offshore plants, new nuclear capacity, and in- maceutical companies in that discus- production as well. creased efficiencies. sion as well. There are 19.3 billion barrels of oil Many of these efforts will take place Energy companies are making mas- and 83.5 trillion cubic feet of natural over the longer term. Hydrogen cars, sive investments. Drilling rigs, pipe- gas in the ocean that are completely FutureGen, and the next generation of lines, refineries, exploration, and other off limits right now. This does not nuclear plants will take time. There business requirements are not cheap. make sense. We need those resources. are plenty of good ideas to look for in They do profit from having made these But what we need more right now is the future. It is important, however, investments, but it is not out of pro- a bill on which we can agree. We need that we be realistic about what we can portion to other industries that oper- something that can make a difference and should do to provide for our needs ate in our global economy. That is the in the short term. This bill achieves in the meantime. truth. that goal. It recognizes the value of in- Many of my colleagues have their Unfortunately, this sort of talk is not creased production and strikes the nec- own energy proposals. I have intro- only part of our discussion that must essary balance to make those activities duced a bill that would reduce the cost be further clarified. a reality. of energy for Americans, and it would When we talk about reducing prices I look forward to the passage of this do so comprehensively by addressing for consumers in the short to midterm, bill, to move it forward to have more production, refining, infrastructure it is clear that increasing supplies is production, to increase production and mileage standards, and other conserva- the effective way to do so. reduce the costs to American users. tion measures. It is troublesome that those who Mr. President, I yield the floor. We need to pass the measure before complain most loudly about energy The PRESIDING OFFICER. The Sen- us today, however. The bill we are de- costs are the same ones who stand in ator from New Jersey. bating is a delicately crafted com- the way of responsible and effective Mr. LAUTENBERG. Mr. President, promise. Chairman DOMENICI is to be measures to do something about it. today we heard some interesting news. applauded for his hard work on the Wyoming has been doing its part in I would have used the term startling, measure. the national supply of energy for a but based on the news we are seeing The bill we are debating today will good long time. We need other States from the various war fronts, it is hard increase domestic supplies of oil and to follow. If you are not part of the to find anything more startling. gas. It will do so in a way that is sen- production solution, don’t stand in the The reference I make to this news is sitive to the environment. It will make way of States that are. brought about by a report. I come out us more secure and strengthen our It is in fashion to oppose new devel- of the corporate world, so I am inter- economy, and that, of course, is the opment, for some reason. People do so ested in corporate performance in this

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8354 CONGRESSIONAL RECORD — SENATE July 27, 2006 country. I saw the report. If you watch as a result of his leadership in that doesn’t bother the conscience of the television or read the papers— company. The profits, I think, are un- board members of ExxonMobil, and it ExxonMobil, I would say, had a pretty conscionable. I don’t understand where doesn’t bother the conscience of Mr. good year. Their profit for this quarter Board of Directors’ conscience is, as I Raymond. If he asks for country club was $10.4 billion—for the quarter. That read his benefits program. There is no dues to be paid on top of everything is up from $7.65 billion the same quar- conscience, and there is no soul at all. else, to have an airplane for his private ter last year. At the end of 2005, Mr. Lee Raymond use, he feels entitled to it. These are That is pretty stunning news. It is retired from the chairmanship and CEO company expenses, and because they the largest quarterly earnings of any position of ExxonMobil. He was work- are company expenses, they are tax de- corporation in America, save one. That ing and got a decent week’s pay. I ductible. It is shameful, I think, and I is in the history of this country. In the think his salary was running about hope we will do something about it. history of this country, ExxonMobil, $500,000 a week. That permits a lot of I rise to speak against this so-called the quarter just ended in June, was the things to be acquired. But he also then energy bill. The bill is simply another second highest in the history of the held $151 million in stock options and gift to the oil industry. It is dressed up country. holdings. His total compensation for as some kind of benefit to consumers. I If they were selling widgets or some 2005, including salaries, stock options, know the media likes to talk about product, we would say: OK, that is a and pension, totaled $140 million. He who is winning the debate on this issue pretty good job. But when they are made $140 million running a gasoline or that issue. But you don’t see these selling a commodity that people are company where prices typically have commentators saying: Let’s look back literally begging for by way of avail- gone, since January 2002, from $2.24— at the effects of legislation after it is ability, it is a different picture. and any of the audience that sees this passed. So here we are considering a This oil and gas is so much a part of should mark it in their mind—it was second Republican energy bill. We our life that it is almost like the air we $2.24 at the beginning of this calendar should ask: What was the effect of the breathe or the water we drink. It is in- year; it is now $3. That is the average first Republican energy bill? My col- credible. price. So it has risen some 36 percent I leagues across the aisle said of the first That then spurred my curiosity. I think is what the number works out to energy bill that it would lower gas am, going to file an amendment to the be. prices as it goes into effect. Well, here Energy bill. I send it to the desk. It is incredible that during this pe- is what we have seen happen in just The PRESIDING OFFICER (Mr. MAR- riod of time, while the average working this year alone: up by 36 percent. TINEZ). Is there objection to setting person is struggling and things are get- A few months after President Bush aside the pending amendment? ting harder and harder, the cost for signed the first Republican energy bill, In my capacity as a Senator from the gasoline, which is a requirement for gas prices started to soar. So now we State of Florida, I object. virtually every family in this coun- know what happens when you take care Mr. LAUTENBERG. I am sorry? try—whether they have a car or are of the oil companies: Tax breaks and The PRESIDING OFFICER. In my using fuel oil in their homes—it is out- subsidies, and everyday Americans get capacity as a Senator from the State of rageous that Mr. Raymond, in addition charged more, pay through the nose, as Florida, I object. to those things I just mentioned, has we say, and now we are ready for a re- Mr. LAUTENBERG. I am not offering seen his package of stock ownership peat performance. the amendment, Mr. President. I am and stock options go from $151 million Will this bill help get gas prices over simply filing it. in this period of time—$151 million he $4 a gallon? Think about that, for the The PRESIDING OFFICER. The had at the end of 2005—to $250 million average family. Spend 80 bucks to fill Chair was not clear. The Senator may now, so it is a $100 million boost. Re- up your gas tank. Right now you have submit an amendment. member, he made $25 million in salary. to spend over $60 to fill up a 20-gallon Mr. LAUTENBERG. I thank the Pre- But the absurdity of it all and the of- tank. We have to do a reality check siding Officer. fensiveness of it all, is that Exxon’s about who is writing these bills. Presi- This amendment is to change the board also agreed to pick up Mr. Ray- dent Bush and Vice President CHENEY bill’s title, to call it the ‘‘Lee Raymond mond’s country club fees so he could are both former oil company execu- Oil Profitability Act.’’ I propose that make sure he could buy enough golf tives. They focus on helping their we rename the Energy bill to reflect balls for a round of golf. Country club friends in the oil business. Big oil com- Mr. Raymond’s profitability courtesy fees, use of the company aircraft, and panies want to open up our coastline to of ExxonMobil. still pay him another $1 million to stay oil drilling, to platforms, pipelines, and It is quite a thing. As we look at the on as a consultant for another year. tankers. turmoil this country is going through Where is their conscience? I don’t un- Everyone jumps to attention in the while people struggle at minimum derstand it. Cabinet room there and they say: Yes, wage jobs and we see the kinds of prof- So that is why my amendment would sir, as they do here on the Republican its that are being made off the backs of rename this bill the ‘‘Lee R. Raymond side of the aisle. And the oil compa- working people, it struck me, as I dug Oil Profitability Act.’’ That is what it nies’ profits continue to explode. further into the history of the com- ought to be called, so everybody knows Just this week, BP announced its pany—it is a pretty well-run company, what is happening in this country of largest quarterly profit in their his- but it is so profitable because Ameri- ours. People are struggling for a living tory: $7.27 billion. BP is a piker com- cans are going to the pump and buying with a $5.15 minimum wage, which has pared to Exxon, which made over $10 gasoline at over $3 a gallon typically. I been in place for 9 years. Those people billion. This was 30 percent more than have seen it as high as $3.35 a gallon. are making $206 a week, if they are the same period a year ago. People who work in these gas stations working at minimum wage, and they I remember hearing in the Commerce can’t even afford to buy the gas they haven’t had a raise in 9 years. That Committee when we asked about price are pumping. That is how extraor- doesn’t matter. Big business is the in- gouging and so forth, and the oil com- dinary this pricing is. terest served by this Government and pany executives denied it: Oh, we don’t I come from the corporate world and by the Bush administration. It is in- price gouge, no. Well, somebody is I ran a very successful company. The credible. making a heck of a lot of money while company is called ADP. It has been in When President Bush took over, gas people who struggle for a living have to business 50 years. I started it with a was $1.06 a gallon. That was back at pay more than they can afford just to couple of other fellows, and we watched the end of 2000: $1.06. Now it is over $3 buy gasoline. Other big oil firms con- our profits carefully. So I know how to a gallon. Two years ago, President tinue to enjoy record profits as well. read a financial statement. Bush threatened that if JOHN KERRY Royal Dutch announced second quarter When I see this, while people are was elected President of the United profits of $7.3 billion, almost $2 billion stuck at minimum wage of $5.15 for 9 States, he would tax gasoline. Look at more than the same quarter a year ago. years—I am going to detail some of the this: From $2.24 up to $3, this year While Shell’s profits increased 40 per- extraordinary results Mr. Raymond got alone. There is no limit. But that cent, its total revenue increased less

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 27, 2006 CONGRESSIONAL RECORD — SENATE S8355 than 1 percent. So look what has hap- astating. Tourism, a principal business Mr. BENNETT. Mr. President, we are pened. Their profits increased 40 per- for us, is a $26 billion industry in New debating the Energy bill, the bill that cent, but their revenues increased less Jersey, and it supports 390,000 jobs. My would allow drilling in deep sea waters than 1 percent. I would like to hear an State has already seen how much eco- off the coast of the United States in economist or an accountant explain nomic damage can result from threats the Gulf of Mexico. We have heard a lot how wonderful their management is, to our shore. In 1988, a bag of medical of conversation about that. I don’t how good management must have been waste washed up on the New Jersey want to repeat all of the arguments to pull that trick. In other words, sales shore. The incident was widely re- that have been made, but I want to put were relatively constant, but profits ported in the media and we lost a third it in a perspective that I think might jumped significantly. of our tourism revenues that year— be useful to some who would be watch- Then there is our favorite, the poster one-third of our tourism revenue. ing. company, ExxonMobil. In 2005 We can be sure of one thing: If we Of course, we have this debate ExxonMobil raked in a record $36 bil- drill for oil, we will spill oil, and New against the backdrop of $3-a-gallon gas. lion in profits. That translates to al- Jersey and other States cannot afford Everyone gets excited about that, and most $100 million a day in profit and to have oil washing up on their shores they say it is caused by $75-a-barrel oil, more than $4 million every hour in or polluting their water. States that and what can we do to bring down the profit for one oil company. And while depend on beaches and marine recre- price of oil? The law of supply and de- all of these oil companies profit, con- ation and clean water for fishing and mand determines what the price might sumers pay. other activities can’t afford to have oil be. Now, as this Congress winds down its spills along those shores. Our commer- There are those who think that is de- work for the year, the majority and the cial and recreational fishing industries termined ultimately by oil costs, but administration have proposed nothing in New Jersey are worth hundreds of that is not true. It is determined by the that will lower gas prices at any time millions of dollars. An economic catas- world market, and the United States is in the near future. They have nothing trophe would result from an oil spill only one country that is drawing on to offer in the way of a serious idea or that reaches our shores, whether the the world market and asking for this a plan to reduce consumption, to im- drill rigs are located in the waters off oil to fuel our economy. prove efficiency, or to develop renew- We must start with the under- New Jersey or Massachusetts or Vir- able sources of energy. standing that the world runs on oil ginia. Whatever the question, the answer right now in a variety of ways and in a In short, it is absolutely certain that for this administration and the major- variety of places, which means that ev- the current bill can only go from bad ity in this Congress is always the same: eryone in the world—whether they are to worse. This bill is a Trojan horse Hand over some more money to their in China or India, in Europe or the and it should be rejected by any Sen- friends in the oil industry, and give United States—needs oil. them more opportunities to drill and ators who are concerned about pro- Why oil? Why don’t we have other explore in environmentally sensitive tecting their coastlines and their kinds of energy? The answer is that areas. What do we get in return? High- coastal economies. It also should be re- historically oil has been the cheapest er and higher gas prices. And now they jected by Senators who care about de- source of the energy we need. People want permission to drill in areas that veloping a long-term, sustainable en- said: Well, let’s have wind, let’s have are sensitive, areas where an oil spill ergy policy, and by any Senator who solar. Wind and solar up until now have could be disastrous. We had an oil spill has a vision for our country which says been unable to survive unless there is a in the Delaware River that separates we owe our children and our grand- serious government subsidy for it. As Pennsylvania from New Jersey, and it children a clean environment. We owe soon as the subsidy is withdrawn, all of didn’t look too bad, but the cost to them relief from what we see now. I a sudden we can’t afford to generate clean it up was $267 million. So there have not even discussed fossil fuels and energy from these other sources be- are a lot of risks with drilling in these global warming. cause it is cheaper to generate it from areas. Higher prices aren’t the only In the Netherlands last week, they oil. So we have the infrastructure for negative consequence of this bill. reported the hottest temperature in oil built up, we have the infrastructure The bill is going to harm our grand- June—this past June—ever since tem- for gasoline for our transportation sys- children’s birthright to enjoy the nat- peratures have been recorded: 1704, I tem built up, and it would take an ural beauty of our coastlines and believe, was the year. The hottest enormous investment and a great deal beaches. I have seen the worst of oil month ever since that time, since 1704. of time to try to change it. So people spills. I was sent to Alaska with the We see evidence of global warming all need oil. Coast Guard 3 days after the Exxon over the place. I don’t hear anybody on All right. There is plenty of oil in the Valdez ran aground. Exxon paid ap- the Republican side standing up here world, and it is relatively cheap to proximately $4 billion in compensatory and saying: My gosh, we have to find a produce in some parts of the world. But damages and the punitive award was $5 way to get these temperatures normal- what is known as the lifting cost—that billion, and that was in 1989. So we are ized. We have to find a way to reduce is, what it costs to lift a barrel of oil looking at 17 years ago, and Exxon has the number of hurricanes. We have to out of the ground and put it into that yet to pay a dime on the punitive dam- find a way to reduce the ferocity of tanker—for Saudi Arabia is about $1.50. ages. The company has smart lawyers, these hurricanes. We don’t want any You can produce a barrel of oil at a and they have kept it bottled up in more Hurricane Katrinas. But here we cost of about $1.50 in Saudi Arabia. The court. They say: Don’t pay the bill, are, big oil companies are soaking the lifting costs elsewhere are much higher whatever you do. ExxonMobil makes public with $3 per gallon for gasoline. than that. $10.4 billion in a quarter, and the com- It is not fair. We can do better than If we come to my home State of pany is still trying to get out of paying ‘‘more of the same.’’ I hope my col- Utah, where we have more oil than the $5 billion that resulted from the leagues will hear from their constitu- they have in Saudi Arabia, the lifting court decision. ents back home and oppose this bill. cost to get all of that oil is around $30 It is clear the plan is to pass this bill Mr. President, I yield the floor. to $40 a barrel because the oil is locked in the Senate, and then combine it The PRESIDING OFFICER. The Sen- up in rocks known as oil shale. That is with the House bill that opens up the ator from West Virginia. why we don’t produce oil from oil coastal waters of New Jersey, Maine, Mr. BYRD. Mr. President, am I rec- shale—not because it isn’t there but New Hampshire, Massachusetts, Rhode ognized? because it can be produced more cheap- Island, Connecticut, New York, Dela- The PRESIDING OFFICER. The Sen- ly someplace else. ware, Maryland, Virginia, North Caro- ator is recognized for 10 minutes. Since it is a world market, people put lina, South Carolina, Georgia, Florida, (The remarks of Mr. BYRD are printed their oil on the world markets, and the California, Oregon, and Washington in today’s RECORD under ‘‘Morning world law of supply and demand deter- State to oil and gas drilling. Business.’’) mines what will be paid for it. The key The effects of even one spill off the The PRESIDING OFFICER. The Sen- number to keep your eye on to deter- shore of New Jersey would be dev- ator from Utah. mine what the oil is going to cost is

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8356 CONGRESSIONAL RECORD — SENATE July 27, 2006 the excess capacity that is available. amount of oil that is there but for the When you realize that in area 181 Let me explain with some numbers. amount of increased capacity it will there is not only enough oil to change Right now, the world as a whole is deliver to the world markets when it the balance of the overcapacity that using about 85 million barrels of oil a comes on line. And then what happens? can bring down the futures market in day. The world capacity to produce oil Then, by virtue of that amount of ex- oil, there is also enough natural gas to is about 86 million barrels a day. These cess capacity above the amount the have a significant impact on the price figures are not exact. They never are. world is using, the futures price for oil of natural gas and help us with lower They change from day to day. But let will start to come down. That is the costs in the chemical industry, lower us use them as representative figures way the law of supply and demand costs in agriculture, lower costs with to illustrate the point. works. Around here we have never been fertilizer across the board, you realize All right. If you are in a position able to figure out a way to repeal the that opening this area for exploration where you have to be sure you can get law of supply and demand. That par- and drilling is something that should your oil for your future needs and you ticular law trumps virtually every- have been done a long time ago. look at the world situation and say: thing else we do. We know one of the main reasons You know, there is only a million bar- That is one of the reasons I am sup- why it was not. It has to do with State rels a day of excess capacity out there, porting this bill, to say the time has interests and State concerns about and that million barrels a day could come for the United States to have what will go on. This bill very cleverly disappear with the snap of a finger—a that impact on the world price of oil by and carefully crafts a series of royalty problem in Iran, a decision by the oil virtue of our ability to produce that incentives to get the States on board. minister in Saudi Arabia, another out- additional capacity. With Senator MCCONNELL, I went burst—explosion, if you will—by the But there is something else here as down to Mississippi and then to New new President of Venezuela. A million important as oil with respect to what Orleans to see firsthand the devasta- barrels a day is not enough excess ca- is available to us in what we call area tion. In the presentation that Senator pacity to guarantee me that my oil 181, and I am talking about natural MCCONNELL and I received was an expo- will be there when I need it, so I will gas. The same thing that I have to say sition of the damage out in the Gulf of bid a higher price than I normally about the impact of excess capacity on Mexico to those lands that have acted would pay just for the certainty that oil applies to natural gas. Natural gas as some kind of a barrier for future the oil will be there when I need it. is something more than just energy. hurricanes. That area desperately So the oil goes from $50 a barrel to This is why natural gas is doubly im- needs to be rebuilt. It needs to be re- $60 a barrel to $70 a barrel. We have portant. Yes, we use natural gas to built for economic reasons, it needs to seen it approaching $80 a barrel. Then heat our homes. We use natural gas to be rebuilt for environmental reasons. It when word comes out: Well, that excess cook our meals. We use natural gas to is in serious trouble. The State can’t capacity is a little more than a million generate electricity. Natural gas is the afford to rebuild. barrels a day. Well, I may not want to fossil fuel of choice. Everyone wants it. But with the revenues that are in bid quite so much for the oil. And the Everyone says it is clean, it is plenti- this bill for the State of Louisiana, price will settle down a little. When ful. Historically, it is cheap. Let’s put there is a possibility that they can there are indications that the supply of in natural gas. When everyone wants start to rebuild and produce enormous oil will be more secure in the future, it, that means the demand for it goes benefits for all of their people and for the price starts to come down. all of the country. This becomes a This is what we see in what is called up, that means the supply gets tight. We discovered a few years ago some- source of revenue that can be dedicated the futures markets because people are thing about natural gas that is very ob- to that particular ecological activity buying oil for the future. They are vious but that some people had not re- that is good environmentally and good making long-term contracts. All right. The key ingredient in alized. Natural gas is the one form of economically. bringing the price of oil down is to energy we cannot import. Natural gas So you put it all together, you have make sure the surplus capacity above gets imported by pipeline. The only a bill that I think should pass unani- the amount of oil we use gets bigger place we can bring in natural gas once mously. I know it won’t. We never do and bigger. Right now, as I say, it is we have tapped all of the natural gas anything unanimously around here un- only about a million barrels per day. If available in the continental United less it is completely noncontroversial, it were 2 million barrels a day, if there States is by pipeline from Canada and and something of this kind always has were an additional source of oil, then Mexico. There is a lot of natural gas a little controversy connected to it. It the price would come down because you elsewhere in the world, but we cannot probably comes as close to being the would have a bigger cushion to be sure bring it to the United States because it right bill at the right time in the right you can get your oil in the future. comes in by pipeline. place as anything we have seen. Look, there is overcapacity of 2 mil- Now, it can be liquefied. It can be put A year ago we passed a comprehen- lion a day. Back in the days when oil on a ship. It can come here as LNG, liq- sive energy bill that has us started was available for $30 a barrel or $25 a uefied natural gas, but we don’t have down the road toward increased nu- barrel, the excess capacity was 5, 6 and that many ports that can receive LNG. clear activity with respect to creating 7 million barrels a day. People were It is a very major financial investment electric power. This bill, coming a year comfortable making long-term con- to build the port, to equip the port to later, is a logical companion piece to tracts because they knew that excess handle LNG, to build the tankers that the bill we passed a year ago because it capacity would make the oil available can handle LNG. There are those who starts us down the road toward alle- to them. are doing that, but in the meantime viating the upward pressure, the con- Just as a side note, in this body, we the amount of natural gas available in stant upward pressure on the price of approved, along with the House of Rep- the American economy is confined by oil and the price of natural gas and resentatives, back some 6 years ago au- the rising demand. doing it in a way that those States thority to drill in Alaska. President Natural gas, the petrochemicals in that have previously resisted this kind Clinton vetoed that bill. It takes about natural gas, are a critical element of of economic activity now say we under- 6 years for that kind of investment to the chemical industry. When the price stand and we will participate in a bene- bring oil on line. If the bill President of natural gas goes up, the price of all ficial way. That is why this bill is bi- Clinton vetoed had been signed, we of our chemicals goes up. It is a critical partisan. That is why it is supported by would have an additional million bar- element in the fertilizer industry. We the Senators from the States most rels a day of oil on line in the world are proud of our capacity to produce heavily hit by Katrina and the other right now. That would virtually double enough food to feed all of America and hurricanes that occurred. the amount of excess capability that is still make it a major export, but we One of the things Katrina taught us currently available. But that was not cannot do it if the cost of fertilizer that should give us further comfort as done. We are where we are. drives farmers off the land. And the we debate this bill is that our tech- That is why this bill we are debating cost of fertilizer is tied to the cost of nology for deepwater drilling is suffi- is so important—not just for the natural gas. ciently stable that it can withstand a

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 27, 2006 CONGRESSIONAL RECORD — SENATE S8357 hurricane of Katrina’s force and not fect homeowners, and it will affect natural gas, used as a raw material, ac- produce any kind of an oil spill, not farmers. It could affect the price of counts for 40 percent of Dow’s costs. So produce any kind of an ecological dif- gasoline. The price of gasoline is set by if the price of natural gas goes from $2 ficulty. the world marketplace, as the natural to nearly $7, as it is today, or to $15, as It is interesting to recognize the gas price is as well. But the major efit was last year, what do you suppose greatest ecological damages from oil fect, I think, will be on the price of happens? If Eastman is going to ex- spills have come from tankers bringing natural gas. Let me explain for a few pand, or if Dow or another company is oil across the ocean, rather than from minutes why I am talking about nat- going to build another plant, are they oil platforms drilled in the ocean. If we ural gas instead of gasoline. going to build it in the United States? want to reduce our dependence upon If you stop and think about natural No, those jobs will go overseas, and the oil being shipped in the most dan- gas, one could easily argue that an ex- they have been. There are maybe 100 gerous way in terms of the environ- traordinarily high price for natural gas chemical plants being built around the ment, we should pass this bill and pro- has more of an effect upon the lives of world. Only one is being built in the ceed with this activity. Americans than an extraordinarily United States, and the major reason is It comes as no surprise that I express high price of gasoline. A year ago, the high cost of the raw material, nat- my strong support for this bill for eco- when the price of natural gas was ural gas. nomic reasons, for environmental rea- about $15 a unit—to put that into com- So there is the first reason the vote sons, and for long-term planning rea- parison, that would be about the same we are having on Monday afternoon at sons. It is, as I say, the right bill at the thing as if gasoline were at $7 a gallon. 5:30 makes a difference to the average right time and in the right place. That would be about the same thing. American and to all Americans. Well, I yield the floor. Now, imagine that. What if gasoline none of us are average. We are all indi- The PRESIDING OFFICER. The Sen- were $7 a gallon across the United viduals. We like our jobs. There are a ator from Oregon. States? We would have revolutions lot of jobs at stake, and it is not just Mr. WYDEN. Mr. President, I ask from Odessa, TX, to Mountain City, the chemical industry that is affected unanimous consent to speak as in TN, and North and South, and in every by the high cost of natural gas. morning business for up to 20 minutes. direction. People would say: We can’t A year ago, the Tennessee Farm Bu- The PRESIDING OFFICER (Mr. COR- stand that. reau joined me in sponsoring a round- NYN). Without objection, it is so or- Well, we were having a very hard table on natural gas prices when they dered. time a year ago with the natural gas were at $15. One of those who was at (The remarks of Mr. WYDEN are prices at $15 a unit. Now, fortunately, the roundtable was the president of printed in today’s RECORD under they are back down to a little below $7 Saturn. The General Motors Saturn ‘‘Morning Business.’’) a unit. But this economy of ours, this plant came to Tennessee when I was The PRESIDING OFFICER. The Sen- United States of America, was built on Governor. It is an innovative plant, ator from Tennessee. a natural gas price of about $2. So it is and we are proud that they chose Ten- Mr. ALEXANDER. Mr. President, I three times as high as we were accus- nessee. At the roundtable, the presi- have enjoyed hearing my distinguished tomed to it being. dent of Saturn said to me: We have friend from Oregon, who is always an And what difference does that make? done about all we can, in terms of effi- effective and enthusiastic advocate. We Well, if we pass this legislation next ciency, to deal with this incredible cost worked together on many things, and I week, we can reduce—or at least begin of natural gas in our automobile plant. hope we will on many more things in to stabilize—the price of natural gas, After this, it is going to begin to affect the future. and that helps American workers. A lot the cost of our cars. I want to talk a little bit about the of speeches are made here—and the If the cost of auto parts suppliers and price of natural gas and how we can get Presiding Officer has heard as many as the cost of automobiles that are manu- it down. We have an opportunity to do I have—saying no more outsourcing. factured in the United States goes up, that next week in the Senate. The Sen- Let’s not send jobs overseas. Don’t let the jobs go overseas. If you can put an ate is considering the Gulf of Mexico them go to Germany, India, and China. engine plant in Germany, or some Energy Security Act of 2006. It directs Why don’t we adopt policies that stop other kind of supplier in Mexico, they new oil and gas leasing in 8.3 million that? will do that because of the high cost of acres of the Gulf of Mexico. It directs Here is a good way to stop jobs from natural gas. So it affects manufac- the Department of the Interior to begin going overseas. There are 1 million jobs turing. oil and gas leasing in designated parts in the chemical industry in the United The Tennessee Farm Bureau was of what we call lease sale 181—that is States today. These are good, high-pay- helping me host that roundtable be- just the name of a geographic area—no ing jobs. Most of them are blue collar, cause the high cost of natural gas af- later than 1 year after the bill becomes but many are white collar. These are fects farming. Farming uses a lot of en- law, and directs leasing in 181 south, an manufacturing jobs in the United ergy and uses a lot of fertilizer. The area below the one just described, as States of America, millions of them. A biggest raw material in fertilizer is soon as practical. place like Eastman Chemical in Kings- usually natural gas. So the price of fer- From the revenues that come from port, TN, is an example. Eastman tilizer doubles when the price of nat- that, we will deal with those in the tra- Chemical, as far as we are concerned in ural gas goes up like that. ditional way. First, there is a royalty, Tennessee, has been there about as The rising price of natural gas affects and 37.5 percent of the royalty will go long as the Great Smoky Mountains. millions of Americans—workers, farm- to the affected States, which I assume My uncle used to work there. In the ers, and also those who are heating and includes Louisiana and Mississippi and Appalachian part of Tennessee, where cooling homes with natural gas. What Alabama, and perhaps the Presiding Of- income has never been high, for a long do you suppose the local gas company ficer’s State of Texas. Then 12.5 per- time Eastman has paid a good, high, does after a while when the price of cent will go to the State side of the steady wage to families. It has trans- natural gas goes from $2 to $15? What Land and Water Conservation Fund formed the area. There are good do you think that will do to your local under an arrangement that has been in schools, good roads, strong families, bill? It is going to go right through the the law for 40 years, to take some of and good communities, with 10,000, roof. For retired families, for low-in- the money we use from offshore drill- 12,000, or 15,000 jobs right there in that come families, the high price of nating and use it for State parks, soccer area. People drive 50 to 80 miles to go ural gas hurts. So the vote we are hav- fields, city parks. The money goes to to work. Some have been working ing on Monday is about blue collar the States. there three and four generations. East- workers, about farm families, and it is We do a lot of things here in the Sen- man makes chemicals. Out of what? about all the families who heat and ate, and some may sound more rel- The major raw material for chemicals cool with natural gas. That is the im- evant than others. But this is legisla- at Eastman is natural gas. portance of natural gas prices. tion next week that will affect blue- The president of Dow Chemical testi- Now, I see my friend from Arkansas collar workers in America, it will af- fied before the Energy Committee that here. I assure him that I am not going

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8358 CONGRESSIONAL RECORD — SENATE July 27, 2006 to be too extensive in my remarks. I ural gas that we are with oil, where we ergy bill last year, we accelerated re- look forward to his. I have a few more get most of it from overseas, but we search for hydrogen fuel cell vehicles things I would like to say. can increase imports of LNG. Bringing and gave incentives for hybrid cars. We The second point I want to make is it into terminals here and piping it want to reduce our dependence of oil that the bill we are dealing with Mon- into our system helps increase our sup- overseas and transform our economy day is part of a comprehensive plan. I ply, and that lowers the price and, ap- permanently. We don’t want to drill have heard a few colleagues come here parently, that has begun to work. our way out of the problem. We all and say we cannot drill our way out of Renewables help. There are some know we can never do that. this big problem we have with oil. They things we can do in that area. We can Over the next 5 or 10 years, we’d bet- are absolutely right about that. Every- make ethanol from corn. We can make ter make sure we use the oil and nat- body in this Senate knows that because biodiesel from soybeans. I held a round- ural gas we have available in this coun- we spent 10 years working on a com- table in Tennessee on biodiesel the try if we want people to be able to prehensive energy bill—the Energy other day. I even heard in a hearing drive their cars, work their farms, keep Policy Act—which we enacted about a that a factory is opening in Oak Ridge their jobs, and pay their bills. That is year ago after weeks and weeks of de- that will make ethanol from coal. We what we will be voting about Monday bate. It could have been called the can make fuels from other sources, but at 5:30. ‘‘Natural Gas Price Reduction Act.’’ I we need a lot of fuel for cars and We have been extremely careful with am not going to stand here and say trucks, and we need a lot of fuel for the environmental impact of this bill. I that bill is the reason the natural gas electricity in this country that uses 25 am very proud of Senator DOMENICI and price has gone from $15 last summer to percent of all of the energy in the others for what they have done on this $7 today, but I hope it helped. world. issue. These rigs will be 125 miles away Market forces overrode all of that. One thing we did not do last year was from Florida. You can only see about But the Energy Policy Act surely put take any significant step to increase 20 miles out to sea. So that is a long us on the right path, because to reduce the supply of natural gas that comes way out. They are out of the way of the price of natural gas and to begin to from the United States. I think any airplanes and military craft. The tech- stabilize the price of oil and make sure logical person would say if you are nology we have means there is more this big country of ours, which uses 25 going to take a comprehensive look at natural leakage of oil from the sea percent of all of the energy in the the high price of gasoline and the high floor than from all these rigs out there. world, has a steady supply of reliable, price of natural gas and its affect upon So the environmental damage is mini- low-cost energy that is clean and as Americans, you would want to include mal. Plus, we are going to take half the carbon-free as possible, we set this increasing the supply while we are revenues from this drilling and use it country on a different path by passing transitioning to other forms of energy for environmental purposes. I think that comprehensive energy legislation production. This is going to take us 5 that is great. Mr. President, 371⁄2 per- a year ago, and we started with con- or 10 years. In the meantime, we don’t cent goes for wetlands and other areas servation. want to pay $7 for gasoline and $15 for in the Gulf Coast heavily damaged by We need to be more aggressive about natural gas. One way to do it is to in- hurricanes, and 121⁄2 percent is an out- conservation, and there may be a con- crease our supply. door recreation and conservation roy- servation bill that we ought to enact That is why we are voting on Monday alty. It is not a lot of money, but it be- later this year or next year. We also on deep sea exploratory drilling in one gins to say that we are going to have aggressively moved to encourage nu- of the most promising areas in the an environmental benefit. It is a bal- clear power because nuclear power pro- world for more natural gas. That is anced formula that a majority of Sen- duces 20 percent of all of the electricity what we call Lease Sale 181. Someone ators can easily support. in America and 70 percent of the car- said on the Senate floor there wasn’t Mr. President, this is a focused bill. bon-free electricity in America. That much gas down there. I heard the Sen- This is a little left over work that we means it is our major weapon against ator from Louisiana say the following, didn’t get done last year when we global warming. If my friend and fellow and I believe this is true: It is enough passed a comprehensive piece of energy Tennessean, Al Gore, were to do a se- to heat 6 million homes for 15 years. legislation that put that ‘‘freight quel to ‘‘Inconvenient Truth’’ and call It is six times the amount of the liq- train’’ energy policy moving slowly it ‘‘Inconvenient Truth II,’’ it would be uefied natural gas that we are import- down the track in the right direction, about nuclear power. That is the solu- ing today in the United States. That is toward large amounts of clean, low- tion to global warming. a lot of gas. It is more oil than we im- cost, reliable, domestic-produced en- So, first, we encouraged conserva- port from Saudi Arabia, our principal ergy. tion. Then we began what is turning supplier of overseas oil. It is more oil We had in that bill conservation, nu- out to be a renaissance of interest in reserves than Wyoming and Oklahoma clear power, clean coal, and we made it nuclear power. combined. easier to import natural gas. We had Third, the Energy Policy Act in- So in our great big economy, where extensive support for renewables, but cluded incentives for clean coal. We we use 25 percent of all the energy in we didn’t do anything about domestic have a lot of coal. So if we make more the world, it may only be a small part supply. This finishes the job. So that is electricity by nuclear power and more of our overall needs, but it is a lot why this is a focused bill. electricity by coal and we conserve to when you think about heating 6 mil- There are many other great ideas begin with, then there is less demand lion homes for 15 years. And I suspect about energy, and whenever we subject for electricity made from natural gas that if we move ahead aggressively to ourselves to an energy debate, it will and the price goes down. Almost all of tap this new supply of natural gas and take us a long time because we have our new electric powerplants over the oil, it will help to stabilize the price of many good ideas and opinions. But last 10 years were made by natural gas. natural gas and might even move it from time to time, we need to take a That is like burning antiques in the down a little and help the blue collar focused idea about which there is fireplace to heat your home. That is a worker, the farmer, and the home- emerging consensus and do it. pretty dumb way to go about the busi- owner. Two years ago, you could not even ness of producing electricity. Some say that energy independence mention the idea of offshore drilling Let’s conserve, build nuclear power- is not a real goal. I don’t agree with here. Last year, we had a majority of plants, encourage the use of clean coal, that. What I mean by energy independ- votes in the Senate for it, but we could recapture the carbon, deal with global ence is that the United States will not not get to 60. This year, we got 86 votes warming, reduce the price of natural ever again be held hostage by some on the motion to proceed, and we have gas, and that is not all. We also made other country. It doesn’t mean we a broad bipartisan consensus. I suspect it easier in the bill last year to import won’t buy oil from Mexico or natural in future years we will find other ways liquefied natural gas from overseas. gas from Canada. But we don’t want to to permit, say, Virginia, for example, if That is a complicated process. We don’t have to do that if we don’t want to. So it chooses, to permit drilling for oil want to get into the same shape in nat- that is why, in the comprehensive En- and gas in certain areas offshore where

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 27, 2006 CONGRESSIONAL RECORD — SENATE S8359 the rigs cannot be seen, and use some to try to get smarter on our energy to manufacture plastics, cars, com- of those revenues from drilling to cre- usage. puters, medical equipment, and all ate a trust fund for education, use I certainly concur with what the Sen- sorts of products, even bottled water. them to lower taxes, or use them to ator from Tennessee talked about, sup- Those bottles are made with natural improve the coastlines of Virginia. I ply and demand. We know under the gas. know if I were Governor of a coastal current conditions gas prices will not This week, the price of natural gas State, I would do that in a minute. I go down by themselves. We are going was $6.15 per million Btu. We think would rather not have an income tax, to have to do some things in this coun- about that and we may not have any- and I would rather have the best and try to help the oil markets get where thing to compare it to, but let me tell biggest trust fund for my university the American public want them to be. you, Mr. President, in countries that system. That is exactly what Virginia Also, S. 3711 on offshore drilling we compete with for jobs, that we com- could do, but we are not doing that makes a lot of sense because it is nar- pete with for manufacturing, places here. We will address that when there rowly focused and narrowly tailored. It such as Russia, natural gas is $1.25 per is a consensus about it. There is a con- is the right policy at the right time. million Btu’s. It is $6.15 here to $1.25 sensus about this. Maybe one of the more controversial there. Look at the comparisons around As we move toward the end of the parts of this bill is revenue sharing. I the world. For whatever reason, we are week and as people begin to think am from an interior State. Under the paying more for natural gas, and it is about what the Senate is doing that af- circumstances as presented today, I putting the U.S. economy at a dis- fects their lives, if you are a manufac- don’t have any objection to revenue advantage. turing worker in this country, we are sharing. I know Arkansas will not ben- We see transportation costs have going to affect your life at 5:30 on Mon- efit as much as the States on the coast, doubled. We know how important day afternoon. If you are homeowner but that is OK. We know the devasta- trucking and other transportation is in paying your bill for 105-degree heat tion the hurricanes caused in that re- this country. That is overall in the with natural gas, we are going to affect gion of the country, and we understand economy. But when we look at trans- our life at 5:30 on Monday afternoon. If that one of our 50 States—Louisiana, in portation costs for a family, the aver- you are a farmer and have seen the particular—has been dramatically image household with children will spend price of fertilizer double, we are going pacted and maybe forever altered by about $3,815 on fuel this year. That is a to affect your life at 5:30 on Monday Hurricane Katrina. Certainly Alabama lot of money. There again, that is and Mississippi have had their share of afternoon. We are going to vote for you going to increase by about 100 percent hardship. if we vote for the energy security bill as compared to 5 or 6 years ago. The When we look at New Orleans and people in my State and the people on Monday. look at that coastal area of Louisiana, I yield the floor. around the country certainly are feel- we understand they are in dire straits. The PRESIDING OFFICER. The Sen- ing the squeeze. If you book an airline We understand this is a unique time in ator from Arkansas. ticket today, it is probably going to be history, and we need to get the re- Mr. PRYOR. Mr. President, I rise 11 percent higher, and a big piece of sources to the gulf coast to help right today in support of S. 3711. I found the that is the cost of jet fuel. now rebuild the gulf coast but also help comments of our colleague from Ten- One of the last couple of points I wish with future storms. nessee, the distinguished junior Sen- to mention about this legislation is The other point I like about S. 3711 is that it is a compromise. It is a com- ator from Tennessee, very interesting. that it recognizes that the cost of en- Basically, he and I are on the same ergy ripples throughout all of our econ- promise in maybe the best sense of the page on this issue; that is, I hope S. omy. A few moments ago, we heard word. We have a lot of competing inter- 3711 is part of a larger, smarter energy someone mention that with regard to ests, a lot of good ideas that have come policy for this Nation. farmers and fertilizer, about 90 percent into this discussion. Many of those There are really two sides of this of the cost of fertilizer is the cost of ideas were included either in whole or equation, and then there are some com- natural gas. If we look at the plastic in part in this legislation. This bill will open 8.3 million acres in plications in between. Basically, the that is in this pen, some of that cost is two sides are supply and demand. in the petroleum and natural gas that the Gulf of Mexico, and it lifts produc- We have not done a lot on the supply is required to make this product. All tion bans in lease area 181. Again, I side in the last few years, so I think it that eventually, ultimately, gets think that is the right policy at the is important for us to look at drilling passed on through the economy. So right time. At the same time, it bans as an option. Certainly lease area 181 when we see very high natural gas drilling within 125 miles, and that is makes a lot of sense. We have infra- prices and very high oil prices, we good until 2022. Again, I think that structure there. Generally speaking, know it is inflationary and we know makes sense. Congress is trying to be we know how much oil and natural gas the damage those high prices can do to very sensitive to various States’ needs, is in lease area 181. It is not a big our Nation’s economy. trying to respect those needs and those stretch for people in those industries to Arkansans—and I think all Ameri- desires. We are attempting to do that, get out there and find that oil and gas cans—feel squeezed right now. If a fam- and I think we are accomplishing that and get it to the marketplace. So tradi- ily used heat in the wintertime, if they in this bill. tional drilling in that sense makes a cooked with natural gas, they paid an Back to natural gas, lease area 181 in lot of sense, in my mind. average of $920 in natural gas last year. this bill will add about 5.83 trillion Also, I hope the Senate will continue That is a lot of money. That is an in- cubic feet, and that is a lot of natural to work on legislation to encourage al- crease of $178 just over the winter gas. Right now, we use about 23 trillion ternative fuels, such as biofuels—I months I am talking about. That is a cubic feet a year. So this is a signifi- know the President in his State of the lot of money. Those are real dollars to cant help over time. It will take a cou- Union Address mentioned cellulosic people in my State and I know people ple, 3 years before that actually hits fuel, and that is important—ethanol, around the country. the market, but it will help. Also, it agriculture products, animal waste, et The price of natural gas, which sup- will produce about 1.26 billion barrels cetera. That is just smart energy pol- plies a quarter of the energy used by of oil. icy, and it creates a supply of energy. Americans, has more than doubled in The last point I would make is that And that is very important. the past year, and demand is going to this is a narrowly tailored bill. But On the other hand, we need to look at continue to rise. Demand will rise there is one person who I think has demand and we need to look at con- about 40 percent over the next 20 years. shown complete tenacity in trying to servation. Certainly, this country can This is significant. This dynamic is get us to where we are today, where we do much more with regard to conserva- something which we as policymakers will be Monday, and that is Senator tion, with some industries and some as- need to be aware of and we need to LANDRIEU of Louisiana. She has been pect of our economy, and also effi- work with that reality. amazing. Of course, her State has been ciency. We need to become more effi- About a quarter of all natural gas is forever altered by Hurricane Katrina. cient and smarter and use technology used to produce electricity. The rest is Certainly, we join her in saying we

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8360 CONGRESSIONAL RECORD — SENATE July 27, 2006 want Louisiana to come back stronger long term and think about energy pol- the country use nitrogen fertilizer and than ever. New Orleans is one of the icy that makes sense for everybody. irrigation systems to grow corn—two great American cities, it is one of the Mr. ROBERTS. Mr. President, I rise inputs heavily influenced by the price cultural centers of this country, and today in support of S. 3711, the Gulf of of natural gas. we want it to come back stronger than Mexico Energy Security Act. You see, Mr. President, if we do not ever. S. 3711 takes a much needed and long increase the amount of domestically Sometimes we forget how important overdue step forward in our Nation’s produced natural gas, our renewable that New Orleans area is to the entire energy policy. For too long we have fuels industry will grow more and more country. It is one of the largest ports looked to others to supply our growing dependant on imports from volatile in the United States, and the fact that demand for energy. Too many of our parts of the world. it is sitting right at the mouth of the energy resources are imported from un- Now is the time to change our atti- Mississippi is critically important to friendly and unstable places in the tude about our energy supply. Domes- the entire midsection of the country. If world like Nigeria and Venezuela. We tic, environmentally safe production you live west of the Appalachians or can no longer afford to rely upon the can and should take place on American east of the Rockies, you are impacted Hugo Chavezes of the world to fill up soil and off our shores. S. 3711 moves by what happens in New Orleans be- our gas tanks, heat our homes, or pro- our Nation’s energy policy in the right cause that whole system, that entire vide fertilizer to grow our crops. direction. One that leads to greater en- Mississippi River basin or watershed, Today we have the opportunity to ergy independence and price stability. I all the rainwater, all the floods—every- look in our own back yard for the re- encourage my colleagues to support thing—eventually goes down the Mis- sources necessary to sustain our econo- our agricultural industry and vote for sissippi. If the Mississippi is not func- my’s growth. S. 3711. tioning correctly down near New Orle- S. 3711 opens roughly 8.3 million Mr. President, I yield the floor, and I ans, it has a very adverse impact on acres to oil and gas exploration. An note the absence of a quorum. flood control, on agriculture, on indus- area with roughly 5.8 trillion cubic feet The PRESIDING OFFICER (Mr. try, on hydroelectric power, and on any of natural gas and 1.26 billion barrels of CHAFEE). The clerk will call the roll. number of things up and down this en- oil. One sector of our economy in des- The legislative clerk proceeded to tire watershed, which is the largest wa- perate need of increased oil and gas call the roll. tershed in North America. production in the Gulf of Mexico is ag- Mr. SESSIONS. Mr. President, I ask I thank Senator LANDRIEU for her te- riculture. unanimous consent the order for the nacity, for the example she set for all Mr. President, farm country is strug- quorum call be rescinded. of us in fighting for her State and gling to find our next generation of The PRESIDING OFFICER. Without fighting for her country in a time when farmers. Agriculture’s future depends objection, it is so ordered. we need her leadership. She has shown on motivating young people to enter Mr. SESSIONS. Mr. President, I that time and time again. I bet every into a business with increasing input would like to speak on the energy pro- Member of this body at some point or costs and stagnant product prices. duction bill that is on the floor. Is that another has spoken with Senator MARY Without a revitalized wave of young appropriate at this time? LANDRIEU about how important it is to producers, our Nation’s food suppliers The PRESIDING OFFICER. The Sen- rebuild the gulf coast area and Lou- will continue to face an uphill battle. ator is recognized. isiana specifically. She has done a fan- Alleviating high natural gas prices is Mr. SESSIONS. Mr. President, I am a tastic job. Even if I disagreed with this one way to help current producers and resident of Mobile, AL, on the gulf policy, which I don’t, out of respect for entice young farmers to return to the coast. We drive down to the beaches pe- her and the great work she has done, I fields. riodically. What I would like to convey would support her legislation because I Agriculture depends on significant to my colleagues is that Alabama, Mis- know how important it is to her. amounts of natural gas for irrigation, sissippi, and Louisiana have always al- The bottom line is, Louisiana is one food processing, crop drying, heating lowed production of oil and gas off- of the 50 States. It is a sister State. We homes and farm buildings, and pro- shore. We even allow production very came to the aid of New York after 9/11, ducing fertilizers which are necessary close inshore. The beautiful Mobile and we should have. We have come to for plant growth. Bay, a fragile estuary, has a number of the aid of many States in specific re- For agriculture, natural gas is not very large oil rigs in those estuaries gions after disasters and catastrophe, just an energy source, but it is also a that have produced very large amounts and we should. That is part of being feedstock in the production of nitrogen of oil and gas. We have never had a one Nation, one people, E pluribus fertilizer. Natural gas accounts for problem of any serious nature of an en- unum. It is time for us to come to the roughly 90 percent of the cost to vironmental negative impact. aid of Louisiana. It is a long-term prop- produce one ton of nitrogen fertilizer. As we begin to discuss this subject, osition. Louisiana does not have an In 2005, natural gas prices rose to we need to ask ourselves, what is the easy solution where we throw a few $15.00 per million BTU’s. In the past 6 opposition to drilling in an expanded dollars at it and it is done. There are years, the U.S. has gone from spending area of the deep Gulf of Mexico, 125 major infrastructure investments we $50 billion per year on natural gas to miles or so south of Alabama and Flor- have to make there. We also have to $200 billion per year. These high prices ida, and 200 miles west of Florida’s make them along the rest of the coast- have hit the nitrogen fertilizer indus- western beaches of Tampa? What is the line in Mississippi and Alabama. try hard. Since 1999, 17 ammonia plants opposition to it? I ask that question. So I think this is an important first permanently closed due to the high Is it a sincere environmental objec- step. As I said, I hope that S. 3711 is cost of natural gas. The result is a fer- tion or is it just a persistent opposition part of a larger and smarter U.S. en- tilizer industry that recently received to the utilization of oil and gas that ergy policy. I hope next year we will 85 percent of its feedstock from domes- many people have in America today? Is come back and revisit some of these tic sources to one that now relies on it some sort of hostility to oil compa- very good ideas the Senators have foreign imports to supply 50 percent of nies? Is that what is making people talked about this week and in the pre- their natural gas needs. have a hesitation? vious months when we have been look- Much attention in Congress has I would like to discuss those areas a ing at this lease area 181 bill, because turned to alternative sources of energy little bit. there are a lot of good ideas out there. to meet our demand. Ethanol used to Let’s talk about the environment. We I know Senator WARNER and I have one be a word spoken only in farm country. have at this time 4,000 producing wells that would open the entire OCS, and it Now ethanol is part of the daily jargon in the Gulf of Mexico—4,000. We have is something we would love to have in- on the streets of New York and Los An- had one of the most devastating hurri- cluded here, but we understand we may geles. canes ever to hit in Katrina last year. have to wait until another time. But What some folks may not understand We had several other hurricanes that there are a lot of good ideas out there, about ethanol produced primarily from had very high winds—not quite as big, and I think it is time for us to think corn is that farmers in many parts of but their winds at times were nearly as

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 27, 2006 CONGRESSIONAL RECORD — SENATE S8361 strong as Hurricane Katrina’s—that world where it may have come from I see the distinguished majority lead- came through the gulf. Iran, and certainly Saudi Arabia, or er. I will be pleased to yield to him, Official reports have indicated that Iraq, or other countries. Some of those and at this point I thank him for his 3,000 of those 4,000 wells that are exist- haven’t been friendly to us. They understanding of this critical issue. He ing now in the Gulf of Mexico were in charge whatever they can charge. A has been steadfast and clear about it the direct path of one of those hurri- couple of years ago, it was $35 a barrel ever since I have been in the Senate, 10 canes last year, and we had not a single and now it is $70-plus a barrel. years. And now we are at a point where spill of any sizable amount. Several of What kind of sense is that? If some we might get something done this the platforms, large as they are, were big oil company has a long-term con- time. damaged. But they have, in ways that tract with one of those foreign coun- I thank him for his leadership, and I I am not able to fully explain, shut-in tries to buy oil at $35 a barrel that was am pleased that both Senators from valves down under the water, at the signed 2 years ago, why would they Florida are supporting the bill, so we ground, and it shuts off the oil from want production in the gulf? In fact, have some cause for optimism. the well, and no matter what happens they may not. I yield the floor. to the rig there is no spill of oil. I don’t see the oil companies demand- The PRESIDING OFFICER. The ma- In fact, only about 2 percent of the ing increased drilling in the gulf. This jority leader. oil in our waters around the U.S. come is coming from people who can add dol- Mr. FRIST. Mr. President, while my from oil production, or maybe less. But lars and cents, people such as this Sen- distinguished colleague from Alabama 63 percent comes from natural seepage. ator who travels the State, talks to our is on the floor, I thank him for his Most of it comes from runoff from constituents, listens to what their con- leadership on this particular issue be- storm sewers and things on the land. cerns are, goes to church, and goes out cause it gives us that opportunity to All that is really very small. It is not on the street shopping, and people act with meaningful solutions to prob- a huge impact in any way. come up to you and they talk about lems everyone is feeling. So many I would just say to my colleagues, the high cost of gasoline. That is what things that we do here are issues that when you go fishing in the Gulf of Mex- they are talking to me about. I look seem so macro, so big. I am sure when ico, as I like to do when I can, which them in the eye, and I say I am going people are watching C–SPAN or tele- isn’t often, you tend to fish around to do what I can to make these prices vision or they even read about what we these rigs. Just over Memorial Day lower. do, they wonder, are those people up in weekend I was out with my brother-in- We tried putting in a law that sets Washington doing anything to address law and nephew. We went fishing prices, and that was a total failure. the issues that affect me, the squeeze around the oil rigs and had a little You can’t fix prices by statute. It is a that I feel, the cost of living that we marketplace out there. And what do luck. That is where people fish. It pro- know has to be addressed? you do to make the marketplace work vides a structure that allows growth of Then you say, What are those things? on your side? You increase production. foods, sources that feed smaller fish, Where is that squeeze coming from, de- Frankly, it doesn’t require a huge in- and larger fish feed around them, and spite the record low unemployment crease in production to make a big that is where people fish. Nobody wor- rate of 4.6 or 4.7 percent and the cre- price adjustment. ation of 5 million jobs? ries about that or expects any kind of If the world demand is here but the It comes back again and again—those problem with it. They have been there supply is a little more than demand, energy costs, filling up that gasoline for decades now. surpluses build up, and all of a sudden tank, getting ready to go on vacation, So the environmental question is not the prices start falling. People have oil or altering your vacation, or paying a real one, in my view. It has, to a de- in their tanks. They cannot sell. So that heating bill, or this time of year gree, been settled more than we can they cut their price to sell more. Some- imagine. body else has to cut the price, and it that air conditioning bill. And it comes But I would say this: The same peo- drops down. If you have a world supply back to energy. Now we are acting and we are acting ple who may be worried about drilling here and demand is a little above the in a way that in the past has been in the gulf don’t seem to be very wor- supply, and the world is out here and ried about drilling in the lake at Ven- can’t meet it, people have shortages, stopped—and that is by looking right ezuela, or the Persian Gulf, or the Cas- and they have to bid the price up to get here at home at the good old American pian Sea. These are smaller bodies of more. Then you have a problem. Even homegrown supply. Everybody knows that ultimately in water, self-contained, in which a spill small amounts can make a big dif- would be even more dangerous. That is ference in prices. That is all I am try- the market-based system there is sup- where we are getting much of our oil ing to say to my colleagues. ply and demand. Now we are addressing and gas today, from those areas of the I emphasize again that the reason to supply directly, as my colleague men- globe. Many of those areas that we produce within the Gulf of Mexico, as I tioned, in a way that is very protective produce oil and gas are far more sub- believe ANWR and several other areas of our environment, of our coastlines, ject to being damaged, perhaps, than if of this country, is because that money that is environmentally sensitive but we had a spill in the vast Gulf of Mex- stays at home. It doesn’t go to Hugo in a way that we know will open as ico. Chavez or others. It helps generate our much as a million or more barrels. Then there is this argument: We economy. It creates jobs in our econ- I thank my colleague for his leader- don’t like the oil companies. You are omy. People who make money pay ship and also for his explanation so trying to help the big oil companies. taxes to our Government, not to some people fully understand the impact of I want to dispute that and dispute foreign government. The pipes and that that legislation which is now on the that unequivocally. My goal is to serve kind of thing work. And the transpor- floor. my constituents. How do I serve my tation costs are less because it is much There is a lot going on. I want to constituents? I help them receive the closer. make a couple of comments because necessary, critical oil and gas that These are factors which are relevant there are some things going on right they need to carry on with their lives to any policymaker in our Nation. now. The House of Representatives will at as low a price as possible. We have artificially denied our Na- probably be out tomorrow. We will be I don’t think it healthy or justifiable tion the right to produce this oil and in session tomorrow. We are working to say to my constituents in Alabama: gas that is right off our shore for far on a whole range of issues in con- We are not going to let you produce oil too long. It is time for that to end and ference and in our discussions as we and gas off the coast of Alabama, Mis- to go forward with this production look ahead for the next week that we sissippi, Texas, Florida. which will help our economy, help cre- will be here, and then the 4 weeks in We are not going to let you get any ate jobs, help contain and actually re- September when we come back. I am gas and oil from there. We are going to duce whatever the price of oil and gas very hopeful that the House will pass require you to buy it from Hugo Chavez may be in the future. It will be less the pensions conference report and in Venezuela. We are going to require cost to produce in the gulf than it sometime here in the next 24 hours. I you to buy it on the markets of the would be otherwise. I have no doubt. know our colleagues from the Senate

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8362 CONGRESSIONAL RECORD — SENATE July 27, 2006 who are on the conference are working lows us to move forward on an issue found on average a hospital patient is very hard to get the House Members to that will affect just about everyone lis- subjected to one medication error move ahead on the issue that we know tening to me now, an issue we have every day they are in the hospital. is very important to the American peo- acted on with meaningful solutions to That is pretty amazing. A hospital pa- ple. Individual retirement security. a real problem, is health information tient is subjected to one medication Again, it goes back to this cost of liv- technology. The House today passed a error each day he or she occupies a hos- ing and the squeeze that people feel. health information technology bill. We pital bed. That is what this pensions bill is all have passed one in the past. Now we That is costly. Not only does it about. can marry those two in conference. occur, and it occurs frequently, it costs Other issues that are being addressed And we will save lives. a lot. The IOM report estimates the are so-called tax extenders because we Medicines cure, but medicines can extra expense of treating drug-related have to act now every year. We would also kill. Last week, the National injuries in hospitals alone is $3.5 billion like to make these tax cuts permanent, Academy Institute of Medicine, which a year. but we have to act every year and ex- we all respect, we all look to, which The report—again, it just came out tend them for 1 year or 2 years. looks at things very objectively—the last week—is the most comprehensive What is also interesting in terms of committees they put together are expe- report today. It sends a very clear sig- message is the great impact that tax rienced, have broad expertise, and take nal; that is, we need to act. cuts put forward by this body under the current issues that are challenging and The good news is that we have acted leadership of President Bush have address them in an environment that is with a first step in this Senate, and as had—a huge impact on individuals and very constructive. They released the I mentioned earlier the House acted families. most extensive report ever done on today, which means together we can One of interesting things that I find drug or medication, medicine errors, produce a bill, and have the President when you say we are going to make the mistakes that are made, whether they sign it, which will make a difference. The IOM report offered several rec- tax cuts permanent and extend them are inadvertent or mistakes just made. ommendations to prevent these errors. for 3 or 4 years, people do not under- The report is fascinating. stand fully what that means and how it Why do I say it affects everyone? In many ways, the recommendations they put forward reinforce my vision or affects them as individuals. But 31⁄2 Right now, four out of five American years from now for a family of four adults today—so in all likelihood, ev- a vision I believe is very important as making a median income of $62,000 or eryone listening to me—take one medi- to where we need to be in health care $63,000, what percentage of this Federal cine, at least one medicine over the in the future. We have to start today in tax will go up if we don’t act to make counter or a prescription. One out of that direction. That is what the rec- these tax cuts permanent? Usually, three adults listening to me now take ommendations do. That vision is really pretty simple. It when I ask a crowd of people if the five medicines. That is amazing. Being is a vision of a health care system that Bush tax cuts are not made permanent, a physician, it wasn’t true 10 years ago, is not centered on HMOs, bureaucrats, if the Senate doesn’t act for whatever it wasn’t true 20 years ago. When my Washington, or hospitals or clinics. It reason, or it is obstructed from acting, dad began to practice medicine 70 years is centered on the patient. The patient they say, Maybe my taxes will go up 10 ago, no one would believe the power we is in the middle of the system. percent or 20 percent, or 30 percent. have in medicines today—the power to In this system also is the importance Not many people say 30 percent. But cure but, if misused or mishandled, the of having the driving force of the con- the fact is, if we don’t act in this Sen- power to kill. sumer. You have the patient, and it is ate to make those tax cuts permanent, This report just came out last week, driven by decisions being made by con- for a family of four, their Federal taxes and it is fascinating. The report ad- sumers all over the country. will go up, 31⁄2 years from now, 58 per- dresses lots of things. I will come back The third component is that it needs cent. And now people say: I see the im- and cite some of them. I will look at to be provider friendly. You need physi- portance of what you are doing in findings. How these medicines are ad- cians participating, nurse practitioners Washington, DC, why you are following ministered, if not done correctly, with participating, nurses and other health President Bush in terms of his tremen- real care, can result in serious injury, care providers, technicians, the people dous leadership in cutting taxes, keep- hurt the patient, can cause death—all who draw the blood, and the lab techni- ing taxes low, and working hard to related to how they are administered, cians all participating in a way that make those tax cuts permanent. Then the dosage they are administered in. there is a comfortable exchange of both it comes together. Before coming to the Senate, I spent information services as well as trust. We are looking at a tax extender 18 years in hospitals, always 5 days a So it is a patient-centered, consumer- package, and we are also looking at week and 95 percent of the time 6 days driven, provider-friendly system. what my colleagues feel strongly a week, working in hospitals, taking Now, the engine to that system has about—a permanent solution to the care of people. There you see it all. You got to be value, has got to be outcome, death tax. see doctors inadvertently writing pre- has got to be results. When I say First of all, the death tax does not scriptions for drugs that interact and ‘‘value,’’ I really mean almost in sim- make sense. It is not fair. It discour- are not compatible with certain drugs. ple terms of the product, the outcome, ages savings and discourages thrift. Maybe they didn’t know the patient in terms of value, divided by how many Therefore, we need to have a perma- was on that particular drug or they dollars you put in. So you want as nent solution. I say bury it forever, but just didn’t know there would be an much health produced per dollar in- the will of the Senate is not to bury it interaction of the two drugs, and it jected into the system. That has to be forever and eliminate it totally. There- hurts the patients. Nurses or health the engine of this system, and it has to fore, we are working with what is a care providers mistakenly put the be fueled by three things. very reasonable compromise position. wrong medication in the IV bag, the in- That is where the exciting part So there is a lot of discussion on that travenous bag that runs into your comes in. That is where this health in- underway. hand, or administer the wrong blood formation technology plays such an What we have is crazy. We have a type. A pharmacist might dispense a important role. It has to be driven by death tax. It used to be high and is 100-milligram pill instead of a 50-milli- information, 21st-century information coming down. In 2010 it disappears, and gram pill. These errors are wasteful, that simply was not around the last in 2011 it goes back up to 55 percent. obviously, but can also be harmful and century. It really was not around when Talk about things that do not make can be deadly. I was doing heart transplants every sense, that does not make sense. We The Institutes of Medicine found that week 10 years ago, 12 years ago. You need to fix that. I hope we can do that at least 1.5 million Americans are just didn’t have that sort of informa- in the next 6 to 8 weeks. sickened, injured, or killed each year tion generated. It was the knowledge One last thing I comment on because by errors in either processing, dis- revolution, the explosion of informa- there has been huge progress today in pensing, or taking medications. These tion, computers, the Internet. That the House of Representatives which al- errors are widespread. The IOM report knowledge is out there today.

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 27, 2006 CONGRESSIONAL RECORD — SENATE S8363 The second fuel has to be choice. You do not see the dangers, the side effects cannot learn from our mistakes. That have to have people out there making that could be harmful, that could com- is what the Patient Safety and Quality prudent decisions for themselves each promise your safety, the patient’s safe- Improvement Act addressed. and every day. Obviously, that is very ty and care. That brings me, finally, to informa- consistent with my principles as a Re- The good news, based on that call, at tion technology. The Senate passed a publican in terms of maximizing least in part, is the pharmaceutical in- health information technology bill. It choice. The 21st-century information, dustry responded and I would say re- was bipartisan. I thank Senators KEN- with empowerment of the consumer by sponded fairly aggressively. They soon NEDY and ENZI and CLINTON, all of choice, and third, some element of con- after issued a set of guidelines for pre- whom worked with me and all of our trol. scription drug advertising on newly re- colleagues in producing this bill—a bill The control really comes in if people leased drugs. They got together and called the Wired for Health Care Qual- have to have resources to make those talked about the importance of their ity Act. What it does is it promotes the decisions or, if not, need to be assisted. responsibility in this direct-to-con- use of electronic medical records. It You have to have a strong safety net sumer advertising, the fact that it is jump-starts America’s transition to for a patient-centered, consumer-driv- not just to improve their bottom line this 21st century system based on en, provider-friendly system based on but it is health care, it is patient-cen- choice and based on value and based on values, driven by information and tered, that you have to have the outcomes by having a seamless net- choice and technology. You have to strengths but you have to give weak- work that is fully interoperable in have a seamless flow of information nesses of these drugs when you put terms of the transmission of health in- which is privacy-protected and which is them forward. So I applaud them. And formation, so doctor can communicate secure. that response is making a difference. with hospital, can communicate with No single piece of legislation incor- That is one example. That is sort of a pharmacy, can communicate with pa- porates all of that, and no single piece first step in guaranteeing patient safe- tient in a seamless way, where records of legislation incorporates all the IOM ty and care. can be stored electronically. They can recommendations. But there are things I mentioned the GAO report. It has be transmitted electronically. If you we can do to move in the direction to- not come back yet. I look forward to are in Nashville, TN, and you live in ward that vision. receiving their findings, their results Princeton, NJ, and you have an auto- I have sponsored bills in this Senate on the FDA’s oversight, to come soon. mobile accident as you are on I–41 and urged industry-wide changes that Other progress: Last summer, we through Nashville and you are taken to made considerable progress that caused passed the Patient Safety and Quality Vanderbilt Hospital, they can push a us to move toward achieving that. Improvement Act. It became law July button, and in a secure, privacy-pro- Last summer, on this floor, I publicly 29, exactly a year ago, 2005. It also con- tected way, your record instanta- called on the pharmaceutical compa- tributed to this patient-centered sys- neously shows up at the Vanderbilt nies to implement a voluntary 2-year tem which is consumer driven. It helps emergency room and they can see what restriction on direct-to-consumer ad- improve the quality and gets rid of the allergies you have, what medicines you vertising for newly released drugs. waste. When I say value, that is re- have, whether you had previous heart What is direct-to-consumer adver- sults, as I said, per dollar of input. You disease, whether you can tolerate anes- tising? It is what you see on television want to maximize that. So you want to thesia—instantaneously; otherwise, each night or over the course of today get rid of the waste. You want to get they would have to repeat all those in terms of the drug ads, in magazines. rid of the abuse. You want to get rid of tests. They might not even be able to It is the full-blown pictures you see inefficiency. And we did a lot in that get that information. every day—newspaper ads—where the regard. That is the power. What it does is it advertising is directly to the consumer, What this Patient Safety and Quality builds a platform for the interoperable to the individual, to the patient. Improvement Act did was to help both transfer of information—interoper- What I called upon the pharma- improve quality and weed out waste by ability standards—that has the ability ceutical companies to do is to review minimizing the fear of litigation. Now, to transform the practice of medicine. their procedures and on a voluntary why does that matter? It really comes That is how big these bills potentially basis give a 2-year restriction on di- down to—and I oversimplified it a lit- are. rect-to-consumer advertising for lots of tle bit, but if you are a physician or Doctors write about 2 billion pre- reasons. I will come back do that. you are a nurse and you are in a hos- scriptions each year. We still write I also publicly asked the GAO, the pital and you make a mistake, and you them, for the most part, by hand. And Government Accountability Office, to feel bad about it, you should be able to that spelling, what you look at, unfor- analyze the Food and Drug Administra- share that information with other peo- tunately, is misinterpreted. And as the tion oversight of such advertising. Are ple so they can learn from your mis- IOM report documents, a lot of errors we doing enough to make sure that in- takes. are still being made in that transformation which comes out to the con- Quality improvement: We see it in mission of reading what a doctor had sumer is filtered appropriately, to airlines. We see it in general aviation. written at the pharmacy or at wher- make sure it is accurate, that it is hon- But we do not see it in health care—or ever the hospital might be distributing est, that it shows the pluses but also we didn’t before passing this particular those drugs and then delivering it to shows the dangers and the weaknesses bill. What we have been able to do in the nurse and having the nurse give it as well? that particular bill is basically ease— to the patient. You get rid of all that— Spending on direct-to-consumer ad- without fear of a lawsuit coming after not all of it but most of it—by having vertising and prescription drugs was you. The reason it is not shared is be- that seamless flow of electronic infor- steady over the years. In recent years, cause you know some greedy, preda- mation. it has skyrocketed. Why? Because you tory trial lawyer is out there and say- I think back to transplantation. I put advertisements out there and peo- ing: Oh, there is a mistake. Let’s go would have a patient. I would trans- ple buy the drugs. The problem is, and after them. What it does is put a bar- plant the heart in Nashville and take the reason I brought it up in the Sen- rier up there so no longer does that in- care of them and have them on a drug ate and made this public call, this ad- dividual practitioner, doctor, or nurse called cyclosporine. And they would go vertising can lead to inappropriate use have to have the fear of sharing infor- back home, maybe 2 or 3 hours away, of drugs using too many of these drugs, mation of an inadvertent mistake so where another doctor would take care using them for the wrong indications, others can learn. of them. If they got a cold, the local overuse and underuse of the drugs. It The IOM report’s most striking find- family doctor might put them on could be an underselling of the risks ing was that many providers do fail to erythromycin, not knowing—because that are actually in a drug. You see all report these medication errors that ul- transplants were so new at the time— the good things and the beautiful pic- timately don’t result in an injury. that if you put somebody on tures and people running through They fear these lawsuits. But without cyclosporine on erythromycin, their fields, but at the same time you really reporting this information, clearly, we liver would fail. But it happened. They

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8364 CONGRESSIONAL RECORD — SENATE July 27, 2006 may not know that cyclosporine was Therefore, I ask unanimous consent cross on city property as a violation of there. Well, with the electronic trans- that the Senate proceed to the imme- the California Constitution, which fer of information, that physician diate consideration of H.R. 5683, the guarantees the ‘‘free exercise and en- would know that patient is on House bill, which was received from the joyment of religion without discrimi- cyclosporine, and it would be instanta- House. I ask unanimous consent that nation or preference.’’ That is different neous and immediate. If he wanted to the bill be read a third time and from the language we have in the U.S. put a patient on erythromycin and passed, the motion to reconsider be Constitution. So the city attempted to tried to prescribe it, a red flag would laid upon the table, and that any state- meet the court’s demand and protect come up and say: No, you can’t do that ments relating to the bill be printed in the integrity of the memorial by sell- because the patient is on cyclosporine. the RECORD. ing or donating the property to a pri- All this makes so much sense. Med- The PRESIDING OFFICER. Is there vate party. But Mr. Paulson challenged ical records today are stuck in the objection? every potential transfer of the property stone age. But every other sector of Mr. NELSON of Florida. I object. It to a private party, revealing that his our economy has information pre- has not been cleared. true objection was not to the city’s sented in what is the information age. The PRESIDING OFFICER. Objec- ownership of the display but to the It is now time to bring medicine—it is tion is heard. cross itself—something he personally amazing that medicine is still stuck in Mr. SESSIONS. Madam President, I did not like. the stone age—into this information understand that. I know the Senator In 1992, 76 percent of the people of age. from Florida is a strong advocate of San Diego, CA, showed their support I will close on all this, but, as you veterans. I am sure this represents an for keeping the cross at the Mount can see, I am very excited about it. objection from the Democratic side Soledad Veterans Memorial by voting This particular bill which we passed somewhere else. I am urging my col- to support ‘‘Proposition F’’ to author- and which will be married with the leagues to look at this legislation. It is ize the city to transfer the property to House bill helps fix all of that. It is a time-sensitive matter because they a private nonprofit organization, so it going to go a long way to addressing have been sued. A Federal judge has or- would not implicate public matters. the concerns that were in this IOM re- dered that, under California law, a What is wrong with that? After Proposition F passed, the me- port last week. $5,000 fine be imposed daily for failure Electronic medical records will im- to take this down, a symbol that has morial association did successfully bid for the property. It chose to keep the prove health care. They will promote been up in the Mt. Soledad area for 54 cross up but also made $1 million worth the secure exchange of privacy-pro- years. Justice Kennedy of the U.S. Su- of significant improvements to the me- tected information, and they will preme Court has stayed that penalty to morial, including the granite walls, seamlessly integrate quality standards give us a chance to do something like plaques, pavers, flagpole, and American with information technology, all of this. I believe it is the right thing to flag. Even after the improvements were which means to say better care, lower do, and I want to share a few comments completed, Mr. Paulson was still chal- costs, greater accessibility, the elimi- about it. In 1954, this 29-foot cross was erected lenging the sale. nation of waste, elimination of ineffi- In 2002, the Ninth Circuit Court of by the Mt. Soledad Memorial Associa- ciency as well as the medical errors Appeals on the west coast—considered tion to honor veterans of World War I, themselves. the most activist circuit of all in the World War II, and the Korean war. It So the House has moved. We have country and the most reversed by the has stood on Mt. Soledad in San Diego, moved. Now it is time to get to con- U.S. Supreme Court—found that the CA. The memorial now serves to honor ference as soon as we possibly can. And method of the sale violated the ‘‘no aid American veterans of all wars, not just if we do that, we will move our system to religion clause’’ of the California toward that vision of the patient-cen- veterans of World War I, World War II, State constitution. They transferred it tered system which is driven by con- and Korea. to a private, nonprofit, nonreligious or- Since 2000, the memorial association sumers and 21st century information. ganization, but they said this aided re- has added significant improvements to It will save lives. ligion. f the property. The cross is surrounded I believe this is something on which by six granite walls. They are covered we can all agree. I know the Senators UNANIMOUS-CONSENT REQUEST— with over 1,600 plaques honoring indi- H.R. 5683 from California, Senators FEINSTEIN vidual veterans, with surrounding and BOXER, have indicated they believe Mr. SESSIONS. Madam President, I small pillars and brick pavers honoring this memorial should remain. I think recently introduced a bill to preserve veterans groups and supporters of the we will be able to work through these the cross that stands at the center of memorial, and community groups. A difficulties and get this legislation the Mt. Soledad Veterans Memorial in flagpole proudly flies the American passed. San Diego, CA, that is under attack by flag. Mr. President, following up on the the ACLU to remove the cross. This It is very important that we as a na- Mount Soledad Memorial legislation to bill would preserve that cross by hav- tion understand that we are free today deal with the court ruling that has im- ing the U.S. Government purchase the and have the liberties we have because posed a $5,000 fine per day on the city property, as it stands, from the city of people have sacrificed. Our Nation is of San Diego, a ruling stayed by Jus- San Diego. This acquisition is the ac- still able—although some apparently tice Kennedy on the U.S. Supreme tion that the U.S. Department of Jus- around the world may not be—to call Court, that ruling deals with the cross tice tells us is needed to preserve this on its people to sacrifice for a common that was maintained by the Mt. cross as a part of a memorial that has national good, and all over America Soledad Memorial Association on prop- secular monuments also. veterans groups and community action erty originally owned by the city of Congressman DUNCAN HUNTER has led groups have created memorials since San Diego. Some 35 years after it was the effort in the House. He is a San the beginning of the Republic to honor placed there, someone objected, and Diego Representative, chairman of the those who place their lives at risk for the city sold the property to the me- Armed Services Committee in the the liberty we are so happy to have morial association, putting it in the House. It passed 349 to 74 in the House. today. hands of a nongovernmental, private So we are trying to pass that in the It was not until 1989 that any person entity. Senate. It was called up for clearance challenged the legality of this monu- As a result of that action, a lawsuit by unanimous consent recently—I be- ment. At that time, Philip Paulson, a was commenced anyway and still said lieve last night—and there was an ob- San Diego resident, sued the city, it was improper, and the court reached jection from the Democratic side. claiming that the cross display was un- a ruling that was sort of breathtaking It is time for us to move forward. I constitutional and violated his civil and said they still couldn’t do it. I don’t think there will be overwhelming rights. would note that in 1992, 76 percent of opposition to it, as there was not in the In 1991, a Federal judge agreed with the people in San Diego voted to sup- House of Representatives. him and prohibited the display of the port keeping the cross there, and voted

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 27, 2006 CONGRESSIONAL RECORD — SENATE S8365 in support of Proposition F to transfer pression of religion whatsoever from It is also of great importance to the the property to a private organization. the public square, even if it is not con- local community. On two different oc- But still they didn’t stop, and we have sistent with the U.S. Constitution, in casions, the voters of San Diego have continued to see the litigation go on my view. overwhelming passed ballot measures and on. Some of it arises from the case I believe this legislation is important designed to transfer the property to en- law and the very strong constitutional and should be passed. We can make this tities which could maintain the cross. provisions unique to California. happen. I ask my colleagues to review Given the many years of legal disputes In 2002, the Ninth Circuit had a rul- it. I will plan to come back and deal regarding this memorial, I believe it is ing on it, and this is what they ruled: with it some more if we cannot get it past time that this issue be resolved. that the ‘‘no aid to religion’’ clause of cleared. We need to have a vote on it, The bill that we are seeking to pass the California Constitution prohibited if it cannot be cleared voluntarily. I would bring the Mount Soledad cross California from transferring this prop- hope we can avoid that. under the control of the Federal Gov- erty to a private association because Mr. President, I note there are other ernment, and specifically, the Depart- any buyer who did not desire to keep Senators here wishing to speak. We are ment of Defense and would allow for the cross that was there would be re- on the drilling offshore bill in the gulf, the just compensation for the property quired to pay for its removal, whereas and that is a very important piece of in question. It also would address the an entity who wanted to buy and did legislation. required maintenance for the memorial not want to take the cross down would I, again, note I have asked this morn- and the surrounding property through not have any expense; therefore, this ing that this be cleared. We have an- a memorandum of understanding be- aided religion. Now, that is the theory other objection. We will continue to tween the Secretary of Defense and the of it. I think that is not a sound anal- persist with this until we get Mount Soledad Memorial Association. ysis. everybody’s attention and maybe they The minimal financial commitment re- The Ninth Circuit is the most activ- can review it and see fit to clear it. I quired in this legislation will ensure ist circuit in the country and we con- think they will. If not, I will be asking the endurance of this memorial which tinue to have problems with them. the leader to invoke cloture on the leg- serves as a reminder of the hundreds of They are reversed by the U.S. Supreme islation. thousands of men and women who Court more often than any other cir- I further add, Senator MCCAIN has made enormous sacrifices when our cuit. Some years they have been re- also offered legislation similar to mine. country called upon them. versed more often than all of the other It would do the same thing. But the I understand the bill has cleared on circuits combined. One year it was 26 bill we are asking clearance on is the our side, and that we are awaiting for out of 27 cases the Supreme Court con- bill that came from the House, H.R. the other side to allow its approval. I sidered, they reversed. So that is what 5683. can only hope that all of my colleagues causes this problem. I yield the floor. will join us in supporting this legisla- A plan has been devised. Congress- f tion, and ensure the preservation of an man HUNTER, who represents San important tribute to our men and MOUNT SOLEDAD CROSS Diego, and Congressman BRIAN women of the Armed Forces. BILBRAY, who represents the Mt. Mr. MCCAIN. Mr. President, I would f Soledad district, have worked hard to like to express my strong support for prepare legislation that would transfer passage of H.R. 5683, legislation passed THE WAR IN IRAQ it to the Federal Government, because by the House last week to preserve the Mr. BYRD. Mr. President, yesterday this wouldn’t be unconstitutional Mount Soledad Veterans Memorial in the Prime Minister of Iraq addressed a under Federal law. It passed in the Diego, CA. I want to associate myself joint meeting of Congress. In his House by an overwhelming vote of 349 with the comments made by my col- speech, he stressed his view that great to 74. We want to see that pass here. It league, Senator SESSIONS. He and I progress has been made in his country has been called up and cleared on the both have introduced legislation simi- in the past months and equated the vi- Republican side of the aisle, and it is lar to H.R. 5683 and I am pleased that olence in Iraq to the al-Qaida attacks now being objected to by some on the Senator GRAHAM also has joined us in on the United States on September 11, Democratic side. So I would ask my advocating a legislative solution to 2001. With the Prime Minister’s com- colleagues on the Democratic side to this important matter. ments in mind, it is worth taking stock work through this thing and see if we Since 1913, a series of crosses have of how this war began 3 years, 4 can get it passed. It would allow the stood on top of Mount Soledad, prop- months, and 1 week ago. Let me say veterans to be able to continue to have erty owned by the city of San Diego. In that again. It is worth taking stock of the memorial on Federal property that April of 1954, the site was designated to how this war began 3 years, 4 months, has been in place for 54 years. It does commemorate the sacrifices made by and 1 week ago. not establish a religion. On Federal members of the armed forces who The war in Iraq, that is what I am property, it is consistent with the served in World War II, as well as the talking about. The war in Iraq. There wishes of those veterans and their fam- Korean war. is a war going on there, and we are in- ilies for over a half a century. In 1989, one individual filed suit volved in it. Our men and women are I would note we have Democratic against the city claiming that the dis- over there in harm’s way. They die support for this concept. I notice that play of the cross by the city was un- every day. The war in Iraq was initi- in one of the news articles from the constitutional and, therefore, violated ated on the false promise of securing Copley News Service here, Senator his civil rights. In 1991, a Federal judge our country from the threat of weapons BARBARA BOXER, a California Senator, issued an injunction prohibiting the of mass destruction. That was a false and one of the other Democratic Mem- permanent display of the cross on city promise. There have been many efforts bers, said: property. Since that time, the city has to try to rewrite history. You can’t do [T]he monument is a historic memorial to repeatedly tried to divest itself of the it. But there have been efforts to try to our veterans and should be allowed to stay. property through sale or donation. But rewrite history and to try to find a new Senator DIANNE FEINSTEIN, the other the plaintiff continued to mount legal justification for the invasion of Iraq. Senator from California, has said: challenges to every attempted property But one need look no further than the [B]ecause of the history and significance of transfer. The legal wrangling over this use of force authorization passed by this monument to so many veterans and San memorial continues today. the Congress—when? On October 11, Diegans, it should be preserved. The Mount Soledad Memorial is a re- 2002. Look at that use of force resolu- So the Congressmen there, the people markably popular landmark. In fact, I tion. of San Diego, and the Senators from had the pleasure of visiting the Memo- That resolution contains 23 ‘‘where- California are in favor of this. It is as rial during the Fourth of July recess as’’ clauses. You can count them. Ten a result of this complex history and the and can personally attest to the proof those ‘‘whereas’’ clauses pertained obsession by the courts, it appears, to found impression it can leave on its to Iraq’s efforts to develop weapons of just eliminate any reference, any ex- visitors. mass destruction. The idea that Iraq

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8366 CONGRESSIONAL RECORD — SENATE July 27, 2006 could threaten our country with weap- same miscreants responsible for the Those are quotations. You can look ons of mass destruction was the key- train bombings in London and Madrid? at the Appropriations Committee hear- stone of the argument for war. It was The answer is no. This wave of violence ings and find these words for your- the one allegation at the center of which has crashed over Iraq is the re- selves. nearly all the cases that were made for sult of Iraqis fighting and killing The plan to have Iraqis deal with war. Iraqis. Militias and death squads are their own civil war appears to be on its I didn’t fall for that. I didn’t fall for carrying out a brutal campaign of vio- way out the window. The Iraqi Prime that reason because I didn’t believe it lence against fellow Iraqis. Shiites are Minister’s attempts to pacify Baghdad was there. I didn’t believe that Iraq fighting Sunnis. Sunnis are killing Shi- with Iraqi troops has failed. In fact, the was a threat to the security of this ites. The Kurds of the north are under Prime Minister, in his speech to Con- country. I didn’t believe it. I had rea- attack. No one is safe from these indis- gress, pleaded for more foreign aid and sons for not believing it, and I have criminate killings—not doctors, not urged our troops to stay until Iraqis said them many times. teachers, not even children. Iraq is are ready to take up the fight to defend The agencies that produced the intel- being ripped apart from the inside out. their Government. ligence to build the case for war have Could there be any doubt that there Sending more U.S. troops to deal admitted that they made massive er- is a civil war in Iraq? Statistics gath- with domestic strife is not the right rors. Intelligence was massaged. Did ered by the Iraqi Government: 2,669 course. What we are seeing in Iraq is you get that? Intelligence was mas- Iraqi civilians were killed in May; an- mission creep, mission creep, creep, saged to remove most of the dissenting other 3,149 Iraqi civilians were killed in creep, creep of the worst kind. The mis- views. Dissenting views were not lis- June. Government figures show that sion to overthrow Saddam Hussein is tened to very well. Congress, in 2004, 14,338 civilians were killed in Iraq in transforming before our very eyes into even rushed to reorganize the CIA and the first 6 months of this year. At least a mission to take sides between war- the rest of our intelligence agencies 100,000 Iraqis are refugees in their own ring ethnic factions. This is a plan for based upon these massive failures— country. Yes, there is a civil war going disaster. failures that built a flawed and discred- on in Iraq. It is a civil war that has Our troops have bravely served in ited case for U.S. entry into that war. been brewing, brewing, brewing since Iraq for more than 3 years. They have I did not buy into the hype and the we first opened this Pandora’s box by done everything that has been asked of rush to war. I didn’t buy into that. I invading Iraq in March of 2003. them. Our troops did not ask to be sent didn’t buy into that case. I didn’t be- I didn’t vote for that invasion. to war, but the call to service has gone The question is, What are our troops lieve we had that case for war. I did not out and our servicemembers have re- doing in the middle of this civil war? believe Iraq posed an imminent threat sponded. They have fought, they have What are American troops doing in the to the security of this country. I did been wounded, they have bled, and they middle of this civil war? The American not believe it. I said so. And therefore people should take notice of what is have died for what our country has I voted against turning this whole happening in Iraq. The American peo- asked them to do. But we owe it to our thing—lock, stock, and barrel—over to ple—it is their sons and daughters, yes. troops to be judicious in what we ask one man, the President of the United Our troops are increasingly being them to do. We owe it to our troops not States. Congress relegated itself to the thrust into this fighting with no plan to send them headlong into fighting sidelines, and it has never gotten itself for success. It is time to stop, look, and when there is no plan for victory. We off the sidelines, really. We are still listen, and time to ask questions about owe it to our troops not to send them there. where we are headed. Are our troops on into the center of a civil war without I did not believe Congress should the way out of Iraq or are they on their raising so much as a question, without have passed the resolution to allow the way in? Are they being drawn deeper raising so much as a question about President—any President, not just this into this civil war? Is there any chance whether they belong there. President, any President—to decide for our troops to win a decisive victory We cannot allow the escalating war where, when, and why to launch an at- on the battlefield or is the fate of our in Lebanon to distract us from the de- tack on Iraq. I did not believe then, I soldiers tied to the political fortunes of teriorating situation in Iraq. Look at do not believe now, that one man, untested Iraqi politicians? Does anyone what is going on. Open your eyes. The Democratic or Republican, or one in this administration have a plan for fighting between Israel and Lebanon woman, acting as the chief executive of how to deal with this civil war which is has dominated our attention, but the our country, should be handed the au- going on in Iraq? administration is on the verge of mak- thority to decide on his own to shed These are not inconsequential ques- ing irreversible decisions about how the precious blood of our sons and tions. These are important questions. deeply our troops will be involved in daughters, husbands and wives—to shed These are important questions for the Iraq’s civil war. their blood. people of our country. But instead of Before more of our troops are sent to The American people at this point telling the American people how we are Baghdad, the Senate must ask tough should pause and reflect now on where going to disentangle ourselves from the questions of Secretary Rumsfeld and our Nation stands in this war. Where sectarian violence in Iraq, we learn our military commanders about wheth- does our Nation stand in this war in this week that the President plans to er they have a plan for dealing with the Iraq? As of today, July 27, 2,564—2,564— send more American troops into Bagh- civil war in Iraq. The Armed Services American men and women have been dad to take sides in the Iraqi-on-Iraqi Committee on which I serve must have killed—dead. Upwards of $318 billion— fighting that is tearing that country a chance to exercise its oversight re- that is a lot of money—upwards of $318 part. The President announced on sponsibilities before more of our troops billion has been drained from our Tuesday—yes, he did—that he is send- are ordered to take sides in a fight that Treasury. Talk persists of more than ing thousands more U.S. troops into is pitting Iraqi against Iraqi. We have 100,000 of our troops remaining in Iraq Baghdad, which is the center of the seen before the disastrous con- for many years to come—many years storm of violence. sequences of ordering our troops into to come. Most ominously, the violence So I say to the people out there the middle of civil wars. Do we remem- in Iraq appears to have entered a new watching through those electronic ber the 241 marines who were killed in phase. Mr. President, 21⁄2 months after lenses, is this our plan? Is this our plan Beirut in 1983? Do we remember that? the killing of the terrorist leader for dealing with an Iraqi civil war? Let us remember the bloody battle in Zarqawi, an average of 100 Iraqis are When I asked Secretary Rumsfeld at an Somalia in 1993. being killed every day, according to a Appropriations Committee hearing on Let us have more wisdom, more cau- new report by the United Nations. March 9 about his plan if civil war were tion, and a coherent strategy before we Who is responsible for this violence to break out in Iraq, he said, ‘‘The plan marshal our forces to send them once in Iraq? Is it Osama bin Laden or some is to prevent a civil war, and to the ex- more into the breach in Baghdad. We other nefarious outside force? Is it the tent one were to occur, to have the . . . owe that much to our brave troops. We same terrorists who plotted the attack Iraqi security forces deal with it, to owe that much to their moms and their on the World Trade Center? Is it the the extent they are able to.’’ dads, their wives and their children

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 27, 2006 CONGRESSIONAL RECORD — SENATE S8367 anxiously awaiting their safe return cations, that somehow it will not be Last week, I came to the Senate floor home. possible for them to make the profits and explained what it means for con- I yield the floor. that are necessary for broadband and sumers. Small businesses, of course, f sophisticated communication services are just one type of consumer in the to get to all the people of this country. market. And no Net neutrality is going DISCRIMINATION ON THE The news this week shows that AT&T to mean the same thing for the mil- INTERNET and other companies can be profitable lions of small businesses that it means Mr. WYDEN. Mr. President, several with an Internet that is discrimination for consumers: a double-barreled dis- weeks ago I came to the Senate to an- free. They do not need to throw net crimination with less choice and a nounce I will do everything in my neutrality into the trash can in order higher price. Small businesses also power to block this Senate from con- to do well. The events of this past week have a second concern: They use the sidering the major overhaul of the tele- have proved that AT&T does not need Net not just as a consumer but also as communications legislation until that to discriminate in order to make a market for their business. They have legislation includes specific provisions money. Web sites. Small businesses across the to ensure that there is no discrimina- To continue with the discussion I country use the Net to market their tion on the Internet. A discrimination- have begun over the last few weeks, I products. Through Web sites such as free Internet essentially is what the also want to go to the question of NexTag and Yahoo Shopping, small re- net neutrality debate is all about. ‘‘won’t consumers just get their tail shops are able to reach millions Certainly colleagues have been hear- broadband from companies that do not and millions of homes that they could ing a great deal about this subject as discriminate on the net if somehow we not otherwise access. A bed and break- those who oppose net neutrality have don’t have net neutrality.’’ This is an fast, say, in central Oregon, in Bend, spent millions and millions of dollars excellent question. The answer is sim- OR, is able to market itself on the Net trying to convince the American people ple. If there were a competitive market and compete with a Holiday Inn. For and the Congress that somehow dis- for high-speed Internet services, the the small businesses, the prospect of a crimination on the net is a good thing. market would guarantee net neu- two-tiered discriminatory Internet, They have made a big point of trying trality. Consumers would insist that where they will have to pay priority to say that net neutrality is a very the Internet remain free of discrimina- access fees to network operators, is complicated issue, it is one involving tion and they could take their business daunting. technical issues of communications elsewhere if they didn’t happen to ap- For a small business, the fees that law, and it ought to be something left prove of discrimination. the large Bells and cable companies to lawyers and lobbyists to sort out in Unfortunately, there is not a com- would charge could have a chilling ef- Washington, DC. petitive market today for high-speed fect on their ability to do business on- That is not good enough for me and I Internet. Until there is, strong net neu- line. While large businesses can afford don’t think it is good enough for the trality protections are needed. What is to take on these additional costs with American people. In fact, more than 500 the market for high-speed Internet? only a small hit to their overall profit- organizations with views all across the According to the Government Account- ability, many small businesses are not political spectrum have come together ability Office, in 2005, about 30 million going to be able to pay these extra fees. to support net neutrality and a dis- Americans had broadband service. This would mean they would either get crimination-free Internet. However, most of these Americans stuck on the Internet slow lane or have This is the fourth time I have come have a choice of perhaps only two to mark up their prices more than big to the Senate to outline examples of broadband providers, the local phone businesses. Either way, without an what will happen if discrimination is company and the local cable company. Internet free of discrimination, these allowed on the Internet and also to re- Some may have only one provider. small businesses are going to be at a spond to some of the most directly Others may have no options at all. No competitive disadvantage. asked questions about what net neu- choice, limited choice, certainly is not In my previous discussions on the trality is all about. my view of a competitive market. A floor, in addition to trying to respond Today I begin my discussion with a choice between two is only one step be- to some of the major questions people new development just reported by the yond a monopoly. Most experts say at are asking about Net neutrality, I have Reuters News Service. Reuters News least four providers are needed in a tried to bring out several specific ex- Service reported this week that the market for it to be truly competitive. amples of the kind of discrimination profits of the AT&T company were up Today’s market is still a long way that would be allowed under the bill by 35 percent, bolstered ‘‘by strong away from the kind of competitive that was passed by the Senate Com- growth in wireless and high speed model we need to best serve our citi- merce Committee recently. So today I Internet services.’’ zens with the communications services want to outline two additional exam- I am of the view this is excellent they deserve. ples of what could happen to our small news. I want to see American compa- Many of my colleagues have stressed businesses if legislation allowing dis- nies be profitable. I believe in markets. the possibilities of satellite, broadband crimination on the Net were allowed to I believe in wealth creation. When our over power line, or wireless as competi- move forward. companies do well, of course, they pay tors to what is called DSL and cable. Let’s say, for the purpose of the first taxes. They pay taxes to the American These offerings are not real competi- example, we have a family known as Government and that can be used for tors. Satellite high-speed Internet is the Taylors. The Taylors own an inn on health care, education, and other serv- too expensive for the consumer to be a the Oregon coastline. Occupancy has ices our citizens have such a great in- real competitor with today’s services. been lower lately because a large new terest in. It is free enterprise that Both wireless and broadband over national chain hotel opened up down makes markets work. power line are new technologies, and the road. George Taylor’s son Mike When Reuters reports that AT&T has we all hope that someday they are comes up with an idea to save the inn made a 35-percent profit primarily due going to develop into competitive op- by reaching out to new customers: to wireless and high-speed Internet tions to the phone and cable company They ought to start a Web site to mar- services, the digital part of the econ- offerings. They ought to be encouraged. ket their inn and take reservations on- omy, that is good news. However, they are still new, and until line. However, there are other implica- they become widespread and priced at a In a world with Net neutrality, the tions with respect to the news this competitive level with cable, for exam- Taylor family, with that small inn, week about AT&T profits. It seems to ple, the market for high-speed Internet would pay to access the Net, create a me what the news highlights this week will remain limited or will remain a Web page, and they would be off to the is that AT&T can make money with an duopoly. races, up and running, marketing their Internet that is discrimination free. A second question I am often asked business. Under the Commerce Com- They have been arguing, as part of the is: As a small business, what does all mittee bill, in order to launch their discussion involving telecommuni- this Net neutrality stuff mean to me? Web page in the fast lane so they could

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8368 CONGRESSIONAL RECORD — SENATE July 27, 2006 get priority access to customers across for consumers. That is why more than previously during this Congress, unsuc- the country and around the world, that 500 groups of all political philosophies cessfully, I might add, that I and oth- small business would have to pay an and persuasions have come together to ers intend to offer once again. additional fee to hundreds, if not thou- draw a line in the sand and say: We are I want to describe it and describe sands, of Internet access providers going to insist that the Internet re- why we intend to offer it again as we around the country. The priority ac- main discrimination free. find additional legislation on the floor cess fees are a drop in the bucket to At the end of the day, this issue of of the Senate with which to offer it as that big national chain of hotels that Net neutrality, despite what the oppo- an amendment. It deals with account- is hurting their business, but if the nents and the lobbyists want the Sen- ability in contracting. The legislation Taylor family cannot pay the extra ate to think, isn’t that complicated. we have introduced is called Honest fees, they are not going to be able to Today, the way the Net works is you go Leadership and Accountability in Con- compete. with your browser where you want, tracting Act of 2006. I introduced it on A second example of how the absence when you want, and everybody is treat- March 2, S. 2361. The bill is sponsored of Net neutrality would hurt small ed equally. Those who oppose Net neu- by 30 of my colleagues here in the Sen- business—this one involves a business trality want to change all that. They ate. Senator REID joined me in an- owner who I am calling Jessica Myers. want to make it possible for phone nouncing the legislation that day. The Ms. Myers owns a small legal place- companies and cable companies to play bill includes contributions from a num- ment firm with eight employees. In a favorites. They will be in a position to ber of Members of the Senate and the world with Net neutrality, she saves charge some people more and some work they did on issues relating to this money on her phone bills as a Vonage people less. They are people who want which we have put in the bill. customer. She buys all her office sup- to change the way the Net works I want to describe the bill briefly. It plies on line from another small busi- today, which is that everybody gets a is a bill that will punish war profiteers ness she found at Shopzilla, and saved fair shake. with substantial penalties for profit- thousands of dollars on new computer And that is, again, the point of my eering during wartime contracts. It is a equipment from Buy.com. Her employ- citing this afternoon AT&T’s profits bill that will crack down on defense ees are able to navigate law firm Web that come from wireless services. I re- contract cheaters by restoring a rule pages, learning of open jobs and poten- peat, I am glad to see AT&T do well. I on suspension and debarment, to say tial clients to market these openings believe in markets, and markets are we are not satisfied any longer when to. what make our country’s free enter- we see someone cheating on a contract Under the Commerce Committee bill, prise system go. But AT&T is doing and cheating the American taxpayer to Jessica’s business is going to see a well with an Internet that is based on say, Well, you get a slap on the wrist huge increase in her costs. Vonage no the principle of equality, Net neu- and a pat on the back and a new con- longer works properly, causing her to trality, and no American facing distract. This gets tough. It cracks down pay extra for phone service from the crimination on line. on contract cheaters. It will force real local phone company. The office supply I see the distinguished Senator from contract competition, and it will do so store is no longer on line because they Tennessee here, and he remembers our by prohibiting the awarding of large could not afford to pay for priority ac- discussion about taxation and on-line monopoly, sole-source, no-bid con- cess and cannot compete without it. services and on-line businesses. The tracts. The legislation has a number of other Her computer equipment at Buy.com is Senate worked together on a bipartisan provisions as well, but it is important now more expensive, maybe 10 percent basis, and we have kept the Internet legislation. I want to describe why, and more, because Buy.com is passing on free of discrimination as it relates to I want to describe some of the things I the costs they pay the network opera- taxation. I think it makes no sense at tors for priority access. Her employees have been doing. all for the Senate to say we are going Let me start by saying this is not are much less effective because they to let the Internet prosper as it relates about Democrats or Republicans. It is now spend hours every day waiting for to taxation—and taxation is a big fac- not about conservatives or liberals. law firm Web sites to load that are tor, obviously, in business opportuni- Waste is not part of it. Waste is just stuck in the Internet’s slow lane. Her ties and business sales—it makes no waste. Contract abuse is not partisan. costs go up. Her productivity and her sense to keep the Internet free of dis- It is just abuse of the American tax- profits go down. crimination as it relates to taxation payer. Let me describe a couple of In each of these two new examples I and then to throw Net neutrality in the things to begin this discussion. have outlined of the consequences for trash can and allow discrimination as This is April 30, 2006, in the New York our small businesses, the large busi- it relates to so many other aspects of Times. The United States pays for 150 nesses that own the Internet pipes are on-line business and services that are Iraqi clinics and manages to build 20. going to be extending their reach to important to the American people. A $243 million program led by the the detriment of small business. Ac- So this is the fourth time I have United States Army Corps of Engineers cording to the business plans of the big come to the floor to discuss this issue. to build 150 health clinics in Iraq has in phone and cable companies, and what I do not want to see consumers face the some cases produced little more than they have told Wall Street, what has double barrel of discrimination and empty shells of crumbling concrete and been outlined in the Wall Street Jour- higher prices on line. It is my intent to shattered bricks cemented together in nal newspaper, that is the direction keep my hold on that overhaul of the uneven walls. they are heading. Without Net neu- telecommunications legislation on What is that about? It is about a trality, neither of the small businesses until I see that bill has been changed, huge contract, a contract to produce in the examples I have cited is going to until I see it has been altered and re- 150 health care clinics in Iraq, and now be able to use the Net in the way they vised to ensure the core principle of the we see the money is gone, but the do now, and they are going to be dis- Internet—that everybody gets a fair health care clinics weren’t built—not advantaged at a time when they are a shake and that the Internet is free of 150 of them. Only 20 of them were built. big part of America’s future in com- discrimination. My hold stays until Yet the money is gone. Let me talk peting in the global marketplace. that bill is altered so we can preserve about these issues and go back to the The big cable and phone companies an Internet free of discrimination for beginning of what piqued my interest. have spent millions—more than $40 all Americans in the years ahead. In February of 2004, I began hearing million since January of this year—to Mr. President, I yield the floor. from some whistleblowers who said: We try to make the American people think f want to tell our story. So as chairman that Net neutrality is, to quote one of the Democratic Policy Committee, Verizon lobbyist, a ‘‘lose-lose propo- HONEST LEADERSHIP AND AC- we convened some hearings and lis- sition.’’ The absence of Net neutrality COUNTABILITY CONTRACTING tened to them. We held eight oversight will be the lose-lose for consumers. Dis- ACT OF 2006 hearings on the issue of contracting crimination will be seen in Internet Mr. DORGAN. Mr. President, this is a abuses in Iraq and heard from whistle- content, and we will see higher prices piece of legislation which we offered blowers. I will describe them.

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 27, 2006 CONGRESSIONAL RECORD — SENATE S8369 We had two oversight hearings on the ing procurement official in the Corps of He said: You know, we had all kinds response to Hurricane Katrina, and I Engineers. She was in charge of all proof food that was transported in to feed will describe just a bit of that. But let curement. the troops in Iraq. We had food brought me describe this, going back to Feb- She had the courage to go public. in that had expired date stamps on it: ruary of 2004, almost 21⁄2 years ago. Here is what she said: This food is expired. Don’t serve after This is a description of what is hap- I can unequivocally state that the abuse this date. Our supervisor said it doesn’t pening in contracts in Iraq. related to contracts awarded to KBR rep- matter what the date stamp says, serve Henry Bunting is a fellow who came resents the most blatant and improper con- the food. Put the food on the table. It to see me. He worked in Kuwait. He tract abuse I have witnessed during the doesn’t matter that it is expired. He course of my professional career. worked for Kellogg, Brown and Root, said that was routine. Let me tell you about this woman. which is a subsidiary of Halliburton. Second, he said he was told and oth- Every evaluation ever given her said You might recall, they got big no-bid, ers were told: Don’t you dare talk to she is outstanding, she is exceptional. sole-source contracts and made a lot of government investigators. When they Now she doesn’t have her job any money. He worked as a field buyer in come around, if you talk to a govern- longer. She lost that job because she Kuwait. ment investigator one of two things had the courage to speak out. They are He told us they spent up to $7,500 a are going to happen. You are going to investigating that now at the Pen- month to rent ordinary cars and get fired or you are going to get sent to tagon. But that is what she said. trucks. Think of that. American tax- Instead of taking the company to an area where there is significant hos- payers pay for that. task, instead of taking the folks in the tile action. The company had purchased mono- Corps of Engineers to task, they took This man named Rory talked to in- grammed towels for $7.50 apiece when to task the woman who had the cour- vestigators, and guess where he ended they could have cost $2.50. These are age to come here and speak the truth. up. He ended up in Fallujah, during hand towels for American soldiers. The Bunnatine Greenhouse has been re- hostilities. It is pretty unbelievable to company that was buying them told placed. I mentioned she was demoted. me that we have contractors who tell Henry: We want the company name She lost her job. She has been replaced employees don’t dare talk to a govern- embroidered on the towel. by an American who has no experience ment auditor if they show up. That more than doubled the cost to in procurement. Isn’t that interesting? Let me show a picture of some the taxpayer. The company said: It They bring in a person with 40 years money. This is a picture of a trans- doesn’t matter, this is cost-plus; the government experience and no experi- action in the country of Iraq. This fel- American taxpayer is going to pick up ence in procurement. They are actually low came and wanted to testify. He was the tab. sending her to school to learn about a fellow who was in Iraq, in this room. It is almost unbelievable. procurement. This, by the way, is $2 million in cash Another thing Henry told us, 25 tons I don’t understand this. We have seen in one-hundred-dollar bills wrapped in of nails, that is 50,000 pounds of nails, what happens when you bring in people Saran wrap. He is the fellow who dis- were ordered and delivered to Iraq. without experience. We saw it in pensed the money, early on. He had all They were the wrong size. They are FEMA, filling top jobs with cronies these contracts going on. This money laying in the sand. who had no experience with disaster went to a company called Custer Bat- It doesn’t matter. The American tax- preparedness or relief, and it just col- tles. We had a hearing on that as well. payer is going to pick up the tab. lapsed. This $2 million went to Custer Battles. Henry came forward. I wonder what Now we have the top civilian con- Two guys show up in Iraq with not kind of courage it took for Henry to tracting official in Iraq who pays for it much experience and very little money come forward and tell us that, but he with her job when she speaks out. She and they decide to get contracts. They did it and good for him. It piqued my says what is going on is wrong, and we get contracts. It is the Wild West. This interest, however, in February 2004, to don’t have to take her word for it; just guy says it is like the Wild West. They hear whistleblowers talk about what look at the headlines. It is wrong. She say: You bring a bag because we pay in was going on with respect to con- pays for it with her job, and she is re- cash. That is the way we operate. tracting in Iraq. Then, in subsequent placed by someone who doesn’t have Custer Battles gets a contract to pro- stories we would hear about con- experience in contracting. It just baf- vide security at the Baghdad airport. tracting abuses. fles me that somehow this is con- Among other things, it is alleged they ‘‘Pentagon auditors found that Halliburton tinuing. took the forklifts, took them over to a cannot properly document more than $1.8 I mentioned we have had a good warehouse, painted them blue, and billion in work under its contracts,’’ Army many hearings. I have not preferred to then resold them to the Provisional officials said yesterday. The $1.8 billion have the hearings, but I have said if Authority, which was Uncle Sam. But amounts to about 42 percent of the $4.3 bil- the authorization committee of juris- that is part of the story. They ended up lion the company has billed to the U.S. Gov- diction isn’t going to hold oversight getting $100 million, and this is $2 mil- ernment under the contracts. hearings, and there are whistleblowers lion of that. This fellow said we actu- Among other things, they were who want to speak, I am perfectly will- ally played football with these things. charging the U.S. Government for feeding to hear them on behalf of the We pay in cash, bring a bag, it is like ing 42,000 soldiers every day. It turns American taxpayers. The hearings have the old West. He said it was unbeliev- out they were only feeding 14,000 sol- shown us just a dramatic amount of able. diers. I can understand missing a waste, fraud, and abuse. Much of it is Let me show what the Baghdad air- cheeseburger or two, but 28,000 meals? being investigated. port director of security said about the Overcharging by 28,000 meals a day? I The fellow working for the U.S. De- company that got this money. He said: don’t think that is just missing a meal partment of Defense for 30 years who Custer Battles have shown themselves to or two. ran the fuel operation to get fuel to the be unresponsive, uncooperative, incom- So we began having some hearings soldiers wherever they are in the world petent, deceitful, manipulative and war prof- because the committees of jurisdiction, retired. Then he came to us publicly, iteers. Other than that, they are swell fel- the authorizing committees where this and he said: What the American tax- lows. money was spent, were not having payer is being charged to fuel those This is from the director of security, oversight hearings. army trucks in Iraq is unbelievable. in a memo to the U.S. Federal Govern- We had a woman named Bunnatine They are being so overcharged. ment, then called the Coalition Provi- Greenhouse come to Congress. I want This is from the guy who used to do sional Authority. The Baghdad airport to tell you what Bunnatine Greenhouse it all over the world for 30 years. director of security, here is what he said. Bunnatine Greenhouse was the We had a fellow named Rory show up said about the people who were getting highest civilian official in the Corps of at a hearing. Rory was a food service our money. Engineers, the Army Corps of Engi- supervisor in Iraq. Rory actually testi- I look at all these things, and I ask neers, in the Pentagon. She was the fied by Internet. He was a food super- the question: What is going on? How highest civilian official, highest rank- visor, worked for KBR, Halliburton. can they do this?

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8370 CONGRESSIONAL RECORD — SENATE July 27, 2006 Just the other day, the Pentagon fi- We held a hearing on the subject of hope we will find an appetite by every- nally announced that we are going to water. I know the Presiding Officer, in one in this Senate to decide we are now require some bidding on con- fact, in his subcommittee has taken a going to insist on people being ac- tracts—billions of dollars late. Let me look at this and has asked some tough countable for the money that is spent show you what they said. ‘‘Army to end questions and is trying to figure out and for what is done with respect to expansive, exclusive Halliburton deal.’’ what was happening there. providing for American soldiers and I am not just talking about Halli- We have never quite figured out what doing what is necessary to be done burton. It happens most of these press has happened because the contractor under these contracts. things are about Halliburton, KBR, but and the Defense Department each point These contractors have fallen far there are others—Custer Battles and fingers and say nothing happened. short. The American taxpayers have others as well. Whenever you have this Then they say the other side made it been fleeced. They have taken a bath much money being thrown out there happen. as a result of these kinds of actions. I with no-bid contracts and sole-source About this water circumstance, we know as I say this that there are un- contracts, I am telling you it is like a had people come to testify, saying: We doubtedly some very good contractors. hog in a crick. All you hear is grunt- were there. They have some good workers who risk ing, there is a lot of shoving, and ev- Here is the report. The report says their lives. They have done some good erybody wants the money. they were hooking up for nonpotable work. I say, God bless them. But when ‘‘Army to end expansive exclusive water—that water which is used by sol- I see stories such as this, it makes my Halliburton deal,’’ It says: diers in Iraq to brush their teeth, to blood boil. wash their faces, to take showers—they Harry Truman served in this Cham- Army is discontinuing a controversial ber. In fact, the first desk I had was a multibillion dollar deal with oil services were hooking up hoses that had water giant Halliburton to provide logistical sup- that was more dangerous than water desk sat in by Harry Truman. He sat in port to U.S. troops worldwide, a decision that came right out of the Euphrates this Chamber back in the early 1940s that could cut deeply. River, water with no disinfectant at when we were at war. A President of Understand, the Army says very late: all. his own party was in the White House. OK, now we will start bidding. We will In fact, we had an e-mail from an Harry Truman said: There is too much have several companies bid. And by the Army physician who is in Iraq. She waste, fraud, and abuse in the Pen- tagon, in military spending, and they way, once the bidding is done, we will said: I have seen this. In fact, I went established the Truman Committee. He have another company oversee the and tracked the hoses to find out where went all around the country holding company that gets the bid. this water was coming from and what hearings. They found billions of dollars Oversight is the responsibility of the the contractor was doing with it. It of waste, fraud, and abuse. That was Pentagon. When they put out a con- was contaminated water that was worse quality than the water you take the legacy of the Truman Committee. tract, it is their responsibility to pro- We ought to have one again. I have if you dip a pail in the Euphrates. vide oversight. Our responsibility is to offered in the Senate, and I have been It is unbelievable. People get paid for figure out what we are spending in voted down. I think I have offered it this, they are incompetent, and they Congress, who is spending it, with what now three times. By the way, I will decide it doesn’t matter? The person in efficiency, and if it is wasted, to call offer it again. A good idea does not charge of all the water in Iraq to be into account those who are wasting it. have to die a natural death. At some served to U.S. troops for Halliburton Let me go back to the first chart point, it can survive and succeed. that I showed today. This is yet an- wrote an internal memorandum that I But more than the Truman Com- other company. This company is Par- have made public. He said this was a mittee, I believe we ought to pass the sons. near miss for us. It could have been legislation I described as I started. A $243 million program led by the United mass sickness or even death. That was That legislation is legislation I intro- States Army Corps of Engineers, through a Will Granger, the top water quality duced on March 3 of this year. It is now contractor, to build 150 health care clinics in manager, on May 13, last year. the end of July. On March 2, Senator Iraq and has in some cases produced little Remember, this is a company which REID, myself, and 30 of my colleagues more than empty shells of crumbling con- says this didn’t happen. The Pentagon introduced legislation called the Hon- crete and shattered bricks cemented to- says it didn’t happen. This is the inter- gether into uneven walls. est Leadership and Accountability In nal Halliburton company report: Contracting Act of 2006. It is long past We pay for 150 clinics and we get 20. This event should be considered a ‘‘NEAR the time for this Congress to have done The money is gone. The question is, MISS’’ as the consequences of these actions what we should have done a month or Where did the money go and why? Who could have been very SEVERE, resulting in 2 ago, 3 months ago; that is, pass this mass sickness or death. has it? What did we get for it? Is there legislation, punish war profiteers, and accountability to the taxpayer for this Officially, this company still insists do so aggressively. End cronyism in sort of thing. this didn’t happen. Their internal re- these key positions, especially in con- I understand in wartime money is ports by their own employees in Iraq tracting, crack down on contract spent in a way that is different, from demonstrate it not only happened, it cheaters, and force real contract com- time to time, than it is spent in peace- was very serious. petition, real competition that gives time. Sometimes you just have to I don’t do this because I am trying to the taxpayer the best price and holds spend extra money to get things done. make life miserable for somebody. I do accountable those contractors for get- But $45 for a case of Coca-Cola; $7,600 a this because we need to protect the ting the job done and getting it done in month to rent vehicles? I don’t think American troops, first and foremost; the right way. so. I mean, that is just the tiny little and second, we need to protect the I am going to pursue this, as I have tip of the iceberg. American taxpayers. indicated, with additional hearings, if The question is, What comes of all of I much prefer that the authorization necessary. I would much prefer they be this? How do we stop all of this? How committees of jurisdiction through done by the authorizing committees. do we decide, on behalf of the American which this money moves would hold One way or another, we are going to taxpayers, that this matters and we are tough accountability hearings, call pursue these questions and ask for ac- not going to let this happen again? We people in, put them under oath. But countability and demand account- have some people coming tomorrow that has not happened. As a result, I ability. who are going to talk about this con- have held a series of hearings as chair- As I said when I started, none of this tract, people who were in Iraq and man of the Policy Committee. Such a is about politics. Republicans and watched this happen. We are going to hearing will occur in the morning on Democrats work together on things evaluate what happened. this issue of health care clinics. from time to time in this Senate. This As has been the case in every cir- My hope is that at some point, we is one we can and should and I hope cumstance, we will refer what we find will find an appetite in this Senate will work together on to fix for the to the Department of Defense and ask from people on both sides. This is not a good of this country and for the good of why. Republican or a Democratic issue. I the American people.

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 27, 2006 CONGRESSIONAL RECORD — SENATE S8371 RETIREMENT OF MARTY BERMAN listen to the blues with Marty and Dar- new homes. To that end, we main- Mr. FRIST. Mr. President, the Sen- lene and can even whistle ‘‘Bridge on tained the current hold harmless level ate community is losing a longtime the River Kwai.’’ at the 1998 level. This allows millions and valued employee. After 18 years of Marty’s unique personality, loyalty, of dollars to move from State to State loyal and distinguished service, Marty and dedication will be missed. We all according to student population Berman is retiring from the Senate Re- join to wish Marty the best as he be- counts. As a Senator for one of the cording Studio. Marty played an inte- gins this next adventure in his life and fastest growing States in the country, gral part in the television broadcast of know he will enjoy the newfound time it is my duty to ensure that each of the the Senate’s proceedings and in helping for family, friends, pets, and antique children in Nevada, whether they were facilitate the audio and video needs of collecting. born in Nevada or just recently moved Senators and their staffs. f there, are accounted for when Federal funds are allocated to States. His service to his country really CARL PERKINS CAREER AND started 45 years ago. Marty served I am pleased that all of my col- TECHNICAL EDUCATION IM- leagues supported final passage, and faithfully, enlisting twice in a military PROVEMENT ACT OF 2006 career that began when he was 17 and look forward to working with career lasted 6 years from 1961 to 1967. Before Mr. ENSIGN. Mr. President, I rise and technical educators in Nevada to leaving the military he was a commu- today to support final passage of S. 250, implement this important law. Mrs. MURRAY. Mr. President, I rise nications specialist with duty in Viet- the Carl D. Perkins Career and Tech- nical Education Improvement Act. today to applaud the passage of the nam. Carl D. Perkins Career and Technical Marty brought extensive television This legislation represents a bipartisan Education Improvement Act of 2006. experience to his job at SRS. In the effort to enhance and strengthen career Perkins, the Federal Government’s private sector he worked at Satellite and technical education programs largest investment in our Nation’s high News Network, CNN, and finally at across the United States. In my home State of Nevada, career schools, provides critical resources for CBS. His work for Charles Kuralt and students pursuing career and technical CBS Sunday Morning was nominated and technical education programs enjoy strong support. Recently, career education at the secondary and post- for an Emmy. A 13-minute-long story secondary levels. Although the Presi- he had photographed was aired, which and technical educators from across the State came together to come up dent has proposed eliminating the pro- is the television equivalent of a long gram in recent budget requests, Per- book. with common course standards for students that focus on certain career and kins has enjoyed a long history of bi- His career at the recording studio partisan support. More than 11 million technical education programs. Nevada began in 1988 where he quickly came to students are currently enrolled in some also has a Career and Technical Edu- specialize in audio operations. How- form of career and technical education cation Plan that links these course ever, his contributions were not just and I am confident this reauthorization standards with the academic require- technical. He also had just the right will improve the programs and services ments of the No Child Left Behind Act. personal touch with Senators. It isn’t available to help them realize their I have always supported the Perkins always easy to get up in front of TV goals. Career and Technical Education Pro- cameras and lights to speak, even for I am particularly heartened by this Senators, but Marty had the ability to gram because I believe that these pro- bill’s heightened focus on individual- put any Senator at ease. When floor di- grams often catch students that slip ized student counseling and the use of recting, he spoke to each Senator eas- through the cracks in traditional edu- graduation and career plans. For too ily and with warmth, and they trusted cation programs. Career and technical many students, high school graduation him. He was never intimidated but he education programs provide students and postsecondary education seem out was always respectful. with real world applications for what of reach. That is why I have introduced Marty can be a bit feisty, but his they are learning in the classroom. my Pathways for All Students to Suc- bark is much worse than his bite. To Students in Nevada have the oppor- ceed, PASS, Act. The PASS Act pro- those who have gotten to know him, he tunity to work with state-of-the-art vides assistance for schools to hire and is warm and caring, too. technology in their classrooms to learn train mathematics and literacy coach- Marty ended where he had started, the skills they need in the workforce. es; supports the collection and report- working the Senate television shift. In Too often these are students that ing of accurate graduation rates; and 18 years he braved many long days and would have dropped out of school had targets funding for struggling schools late nights through the Senate’s al- career and technical education courses to implement reforms. It also dedicates ways unpredictable schedule. Through- not been available. resources to increase the number of out his time at the studio, Marty could During the conference committee on academic counselors working in always be counted on to be at his post. this important legislation, I was hon- schools. Research has shown that pro- That included his work as chief STV ored to work with my colleagues to viding early high school students with audio operator where for most days strengthen this legislation. We worked guidance boosts the likelihood that during his shift he started up in the to ensure that career and technical they will graduate with a diploma. audio booth, assuring that the Sen- education programs have strong per- Early, individualized planning also ators could always be heard in the formance indicators that are linked to helps students obtain the coursework Chamber and on television. meet industry standards as well as aca- and training they need to achieve their Marty has two grown sons, Eric and demic achievement. The tech-prep professional aspirations. I applaud the Alex. The two have been the pride of grant program was maintained as a increased focus on individualized stu- his life and have become responsible separate program to encourage contin- dent counseling and planning in Per- and caring adults. His marriage to Dar- ued innovation in career and technical kins, which will reach career and tech- lene has brought him much happiness. education programs. This legislation nical education students earlier in Both share the same three hobbies: an- also encourages states to develop ar- their schooling and put them on a tique collecting, antique collecting and ticulation agreements and sequences of track to graduate. more antique collecting. Their home is courses, something Nevada has already This Perkins reauthorization retains a somewhat cluttered but fascinating worked hard to develop. Finally, this and strengthens the Tech Prep pro- museum of American Western and legislation recognizes the importance gram, which encourages states to de- American Indian artifacts, pottery, Big of strong partnerships between high sign and implement innovative pro- Little Books and just about anything schools and institutions of higher edu- grams that combine secondary and else you can think of. Last but not cation that support these programs. postsecondary activities into a coher- least, there are four others who hold a During the conference I worked hard ent set of courses. In my home State of place in his heart. They are Hoover the to ensure that funding for the Perkins Washington, it is estimated that work- yellow lab, Clarence the bassett hound, programs continued to flow to fast- force training at community and tech- Crystal the cat, and Birdie the growing States. It is vitally important nical colleges increases a student’s life- cockatiel. Birdie likes to lie back and that funding follow students to their time earnings by more than $150,000.

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8372 CONGRESSIONAL RECORD — SENATE July 27, 2006 Federal Perkins dollars, matched by I understand that the chairman filed voted for it, we felt compelled to file States and localities, are precisely the a committee report last night on S. views registering our disappointment kind of government investment that 2703, the Senate bill reported by the that the views then being circulated pays off over a lifetime and I salute the committee last Wednesday. I have yet did not reflect our views, did not prop- continuation of these important pro- to see a copy of that final report, nor is erly reflect the record supporting our grams. it yet publicly available. Indeed, no bill, and did not fully endorse the bill In addition, I am heartened by sev- draft committee report on S. 2703 was we introduced, sponsored and that we eral of the major changes we made to circulated to the committee until July and all members of the committee update the bill. We strengthened the 24, 2006, 5 days after the Judiciary voted to report favorably to the Sen- emphasis on assisting students in pre- Committee unanimously voted to re- ate. After we filed our views, I under- paring for high skill, high wage or high port it and the chairman had reported stand the report was revised even fur- demand occupations, ensuring that we it, and four days after the Senate ther to incorporate what had pre- provide our students with skills they unanimously passed H.R. 9, the bill viously been styled as supplemental need to remain competitive in today’s that President Bush signed into law views into a new and not previously global marketplace. We promoted part- this morning. That draft report did not circulated version. nerships among high schools, commu- contain findings based on the extensive nity colleges, local workforce invest- record created in both the House and I will ask unanimous consent to have ment boards, business and industry, Senate. printed in the RECORD a copy of the with the twin goals of providing stu- In this highly unusual development, signature page showing that even then dents with pathways toward skilled oc- as the report filed should indicate, it only nine Republican members of the cupations and producing the trained does not reflect the views of a majority committee, less than a majority, en- workers that employers need. We proof the Senate Judiciary Committee. dorsed the report. moted professional development oppor- This, in spite of the fact that all mem- Of course, at the time of floor debate tunities for career and technical edu- bers voted to report the bill favorably. and consideration of H.R. 9 in the Sen- cation teachers, counselors, and admin- Fortunately, we had the foresight to ate, no Senate committee report on S. istrators, so that those leading our include legislative findings in the body 2703 was available to Senators. Fortu- classrooms and schools remain on the of the legislation itself. Those findings, nately at the time of Senate floor de- cutting edge of ever-changing work- based on the record, were adopted by bate and consideration of H.R. 9 in the places and economy. the House and unanimously by the Senate last week, Senators had avail- I commend this bill for bolstering the Senate last week. I want to thank reporting requirements for Perkins able to them an extensive record to in- Chairman SENSENBRENNER, Ranking programs, extending this level of transform their votes. We had the volumi- Member CONYERS, Congressmen WATT parency to the local level and requiring nous Senate Judiciary Committee and LEWIS, and all those who worked so record, including thousands of pages of disaggregation for important popu- hard to assemble and consider that lation subgroups, including individuals testimony. We had the full record be- record in the House. Their outstanding with disabilities; students from eco- fore the House of Representatives, in- work gave us in the Senate a great nomically disadvantaged families, including thousands of pages of testi- start, which we supplemented with cluding foster children; people pre- mony. We had the House Committee nine additional hearings. The findings paring for nontraditional training and Report and the full debate on the floor remained the same and were adopted in employment; and single parents, in- of the House of Representatives, in- identical form by both Houses. It is cluding single pregnant women. I am cluding debate surrounding four sub- that bill and those findings, based on pleased that States now are required to stantive amendments to H.R. 9 that the extensive record that 18 members report on student rates of attainment were all rejected. of the Judiciary Committee voted to of diplomas and GEDs, as well as an- Leading up to final passage of the report as part of S. 2703 last Wednes- nual graduation rates. Valid and reli- Voting Rights Act reauthorization, I day, July 19 and that 98 Senators voted able data serves both an accountability provided the Senate with some of the for in adopting H.R. 9 last Thursday, and diagnostic function, and I am extensive evidence received in the Ju- pleased to see that this reauthorization July 20. With regard to committee consider- diciary Committee about the persist- requires states to collect and publicize ation, after nine hearings, the com- ence of discriminatory practices in this information. mittee held a special business meeting covered jurisdictions that supports re- I would like to thank Senator KEN- at my request to debate S. 2703 on July authorization of this crucial provision. NEDY, Chairman ENZI, Chairman I provided evidence regarding the need MCKEON, and Congressman MILLER for 19. At our business meeting, the committee debated and voted on only one for fixes to two Supreme Court deci- their leadership on this bill. I also sions to clarify Congress’s intent re- want to thank Carmel Martin, Jane substantive amendment, Senator COBURN’s amendment related to sec- garding the Voting Rights Act to rein- Oates, J.D. LaRock, Beth Buehlmann, force the original purpose of the act. I Scott Fleming, Whitney Rhoades, and tion 203 of the Voting Rights Act. It was debated and then defeated. Other also pointed to evidence supporting the Denise Forte for their hard work. The extension of the act’s critical bilingual time and effort dedicated by members than an amendment I offered at Sen- ator SALAZAR’s suggestion to add the language assistance provisions. I in- and staff is evident in the quality of cluded statements in the CONGRES- the final product and I am pleased to name of Ce´sar Cha´ vez to the short SIONAL RECORD from Tuesday and support the reauthorization of the act. title, which was adopted, no other amendments were offered. The record Wednesday and available to all Sen- f is the record. As reported by The Hous- ators during the course of the debate. I VOTING RIGHTS ACT REAUTHOR- ton Chronicle the next day, Senator referred to that evidence early in the IZATION AND AMENDMENTS ACT CORNYN said: ‘‘I decided that any debate last Thursday. OF 2006 amendments would be defeated, so I de- Most importantly, of course, at the Mr. LEAHY. Mr. President, I have cided not to offer any.’’ time we voted, all Senators had before been advised by Chairman SPECTER’s As Chairman SPECTER’s deadline ap- them the detailed findings in section 2 staff that the chairman is correcting proached yesterday for filing views to of the legislation based on the record the RECORD regarding some materials be included in a highly unusual com- and all Senators endorsed those find- that were inserted last Thursday, July mittee report, the Democratic Sen- ings with their votes. For example, 20, 2006, during debate on reauthoriza- ators learned that the document the those findings explicitly include: tion of the Voting Rights Act. I thank chairman was prepared to sign and file had changed dramatically from the ‘‘Evidence of continued discrimination the chairman for correcting the includ[ing] . . . the hundreds of objections RECORD. Contrary to how it appeared in document he had circulated as a draft interposed, requests for more information the RECORD, those materials did not re- report on July 24, 2006. As sponsors of submitted followed by voting changes with- flect work of the bipartisan staff of the the Senate legislation who have sup- drawn from consideration by jurisdictions Judiciary Committee. ported it pressed for its enactment and covered by the Voting Rights Act of 1965, and

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 27, 2006 CONGRESSIONAL RECORD — SENATE S8373 section 5 enforcement actions undertaken by saying that he will. That was the most To me, the question is not about Pro- the Department of Justice in covered juris- important thing the President said fessor Mishkin’s qualifications but dictions since 1982 that prevented election today. about the kind of Fed we need. I do not practices, such as annexation, at-large vot- The President has not always been a hold Professor Mishkin’s long friend- ing, and the use of multi-member districts, from being enacted to dilute minority voting supporter of this important civil rights ship with Chairman Bernanke against strength; . . . the number of requests for de- law. While Governor of Texas, Presi- him, nor do I think he will have prob- claratory judgments denied by the United dent Bush fought against some of the lems speaking his mind to the chair- States District Court for the District of Co- key antidiscrimination provisions Con- man when they disagree. My concern is lumbia; . . . the continued filing of section 2 gress just reauthorized, as noted in a that those disagreements will be few cases that originated in covered jurisdic- front page story in today’s Washington and far between, and that the chairman tions; and . . . the litigation pursued by the Times. Today the President acted on hand picked him for that reason. Department of Justice since 1982 to enforce behalf of all Americans and did the More than that, I am afraid the Fed sections 4(e), 4(f)(4), and 203 of such Act to ensure that all language minority citizens right thing despite the backbiting and has too many people with the same have full access to the political process.’’ In criticism within his party. I commend background. Many Fed members have addition, those findings include, ‘‘[t]he con- him. spent a great deal of time studying tinued evidence of racially polarized voting Now his responsibility is to faithfully central bank actions, but too few have in each of the jurisdictions covered by the execute the law and aggressively en- experience dealing with the real-world expiring provisions of the Voting Rights Act force its provisions. I trust we will not consequences of those actions. Even of 1965 demonstrates that racial and lan- see another after-the-fact Presidential Fed Chairman Ben Bernanke recently guage minorities remain politically vulner- signing statement undercutting the agreed that having people with dif- able, warranting the continued protection of commitment he made today in his pub- the Voting Rights Act of 1965.’’ ferent backgrounds on the Fed is lic statement and by signing the healthy, and he stated his support for These findings the Senate adopted in Fannie Lou Hamer, Rosa Parks and the next nominee to come from the fi- its unanimous vote for H.R. 9 and as a Coretta Scott King Voting Rights Act nancial services industry. reauthorization measure also incor- Reauthorization and Amendments Act However, Professor Mishkin will only porated the statutory findings within of 2006. continue the trend toward an ivory- the following provisions of the Voting The enactment of this law is a tri- tower, academic Fed. Because of that, I Rights Act of 1965: section 203(a); sec- umph for all Americans and a testa- voted ‘‘no’’. tion 4(f)(1); section 10(a); and section ment to efforts of its supporters in the f 202(a). House and Senate. On several occasions By passing the legislation, Congress there were attempts by some to derail LOCAL LAW ENFORCEMENT has adopted and reaffirmed the de- this bill. Those efforts continue. Fortu- ENHANCEMENT ACT OF 2005 tailed findings in H.R. 9. The Senate nately, the findings in the act itself Mr. SMITH. Mr. President, I rise unanimously adopted these findings. and the record we have built supports today to speak about the need for hate Nothing inserted in the RECORD there- this important measure. We know that crimes legislation. Each Congress, Sen- after can diminish the force of those effective enforcement of these provi- ator KENNEDY and I introduce hate findings contained within the enacted sions is vital in stamping out discrimi- crimes legislation that would add new legislation itself. As several courts nation that, unfortunately, still exists categories to current hate crimes law, have properly recognized, postpassage in this Nation today. As the President sending a signal that violence of any ‘‘legislative history’’ is a contradiction has acknowledged, the wound is not kind is unacceptable in our society. in terms. healed and there is more to do to pro- Likewise, each Congress I have come to Earlier today, we celebrated the re- tect the rights of all Americans to vote the floor to highlight a separate hate authorization and revitalization of the and have their votes count. crime that has occurred in our coun- Voting Rights Act when President I ask unanimous consent that the try. Bush signed that bill into law. I know signature page to which I referred be On January 23, 1981, in Chicago, IL, that many in his party are unhappy printed in the RECORD. Stevie Lynch, a mentally retarded with him, but I think he did the right There being no objection, the mate- man, was attacked while walking to a thing. The Voting Rights Act is one of rial was ordered to be printed in the friend’s house. According to police, two the most important laws Congress has RECORD, as follows: men stopped Lynch on the street ever passed. I am proud to say that our Arlen Specter taunting him about his disability and democracy and our Nation have been Orrin Hatch trying to make him drink beer. They better and richer for it. Chuck Grassley then pulled him into a passageway The Voting Rights Act is the key- Jon Kyl punching him and beating his head stone in the foundation of civil rights Jeff Sessions against the wall. Lynch suffered frac- Lindsey Graham laws and is one of the most important tures to his skull and jaw. His dis- methods of protecting all Americans’ John Cornyn Sam Brownback ability appeared to be the sole motiva- foundational right to vote. Several Tom Coburn tion for the attack. generations have kept the chain of sup- f I believe that the Government’s first port for the Voting Rights Act unbro- duty is to defend its citizens, to defend ken, and now our generation has done NOMINATION OF FREDERIC S. them against the harms that come out its part to continue that legacy and re- MISHKIN of hate. The Local Law Enforcement vitalize the act. Mr. BUNNING. Mr. President, I wish Enhancement Act is a symbol that can Keeping the Voting Rights Act intact to speak briefly about the nomination become substance. I believe that by is important, but enforcing it is equal- of Dr. Frederic Mishkin to be a Federal passing this legislation and changing ly important. Now that Congress has Reserve Governor and why I voted current law, we can change hearts and passed this bill—and the President has against him. minds as well. signed it—it is up to the President to I do not think Professor Mishkin is f ensure that this law and all of its pro- the right choice for the Federal Re- visions are enforced fully and faith- serve. I am not convinced that he will THE PROBLEM WITH ILLEGAL fully. I was pleased today to hear the be an independent voice. GUNS President commit to aggressive en- I met with Professor Mishkin a few Mr. LEVIN. Mr. President, over the forcement and to defend the act from weeks ago and found Professor Mishkin last 10 years, there have been more legal attacks. Article I of the Constitu- to be a pleasant and intelligent man. I than 3.7 million crimes committed with tion provides for the Congress to write do not question his integrity or his firearms in this country. That is an av- the laws, and article II provides for the qualifications for the job. He has spent erage of 100 violent gun crimes every President to enforce them. Congress his entire career studying and writing day, with almost 60 percent of these has done its part, and now the Presi- about monetary policy and economics. violent gun crimes occurring in our Na- dent must do his. I commend him for And his passion is evident. tion’s major cities.

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8374 CONGRESSIONAL RECORD — SENATE July 27, 2006 America’s major cities have been jobs to a foreign-based company. Penn- tle stars working primarily aboard the flooded with illegal guns. The under- sylvania is a State that has worked USS Alabama in the gunnery depart- ground market for guns is largely a hard to attract international compa- ment. product of the diversion of massive nies like Mack Trucks Inc., SAP Amer- After being discharged, Feller was numbers of guns from licensed gun ica, and Sony. That effort has yielded ready to go back to the game he loved. shops into the hands of criminals. A positive results. Having not played for 4 years, there variety of sources supply the illegal With regard to S. 3549, there are a was much speculation that he would market, including theft, unlicensed few unresolved issues that were raised not be the recordbreaking pitcher he sellers who buy guns for the purpose of in the Banking Committee process that once was. That year, he proved they reselling them, corrupt Federal fire- could raise barriers to beneficial for- were wrong. His 1946 season was the arms licensees, and straw purchasers eign investment. While the bill passed most successful of Feller’s career. who buy guns for other unlicensed sell- the committee unanimously, with my Throwing pitches clocked as fast as 109 ers, criminal users, and juveniles. support, it was understood that a cou- miles per hour, Feller completed 36 of Based on its own gun trafficking inves- ple of outstanding concerns would be the 42 games he started while com- tigations, the Bureau of Alcohol, To- addressed before the bill would be piling a 2.18 earned run average. He bacco, Firearms and Explosives, ATF, signed into law. At this time, these also pitched his second career no-hitter has concluded that corrupt gun dealers concerns remain. against the New York Yankees, pitched are the source of the largest number of Two provisions in particular that a shutout victory for the American firearms diverted to the illegal market. could have a negative impact on posi- League in the All Star Game, and, for In 1998, the ATF found that 56 percent tive foreign direct investment that cre- good measure, saved four out of six of dealers and 30 percent of pawn- ates jobs, fosters innovation and sus- games in relief for the Indians. Feller brokers who sold 50 or more guns, had tains U.S. manufacturing are: (1) the overwhelmingly led the American Federal firearms violations. In addi- extension of the initial 30-day review League that year in wins, shutouts, tion, 18 percent of the dealers and 45 period to allow an additional 30-day re- strikeouts, games pitched, and innings. percent of the pawnbrokers had guns view and (2) the creation of a congres- In 1962, 6 years after his last season, missing from their inventory. sional reporting requirement for indi- Bob Feller was inducted into the Base- Despite the fact that the ATF inspec- vidual regulatory filings for each stage ball Hall of Fame in recognition for his tions often reveal multiple illegal acts of the review process. extraordinary abilities, on and off the by gun dealers, the revocation of a Mr. President, I hope that these con- field. dealer’s license is a rare and difficult cerns will be addressed in conference. It is my honor today to stand in sup- event. In 2003, the ATF conducted 1,812 While I support CFIUS reform, I be- port of Senate Concurrent Resolution inspections that uncovered regulatory lieve there are issues that need to be 110, commemorating the 60th anniver- violations with an average of over 80 addressed prior to passing a final bill sary of the 1946 season of Iowa’s native violations per dealer. Despite this large to ensure that Congress takes a reason- son, Bob Feller and his heroic military number of dealers with multiple viola- able approach to reforming this proc- service to the United States. tions, the ATF issued only 54 notices of ess. I look forward to working with f license revocation that year. Chairman SHELBY to resolve these ABRAHAM LINCOLN STUDY I have consistently supported com- issues. ABROAD PROGRAM monsense legislation to help stop the f flow of guns to the black market. Un- Mr. COLEMAN. Mr. President, I am HONORING BOB FELLER fortunately, the failure of Congress to honored to join Senator DURBIN in in- act on several commonsense bills has Mr HARKIN. Mr. President, I rise troducing the Abraham Lincoln Study allowed criminals and terrorists con- today in support of Senate Concurrent Abroad Act which focuses on the im- tinued easy access to guns. In addition Resolution 110, sponsored by my friend, portant issue of preparing future gen- to endangering our families and com- the senior Senator from Ohio, which erations to live and work in an increas- munities here in the United States, honors an American hero, Iowa’s own ingly interconnected and complicated congressional inaction may also be Bob Feller. world. My colleague and I strongly be- helping to fuel international traf- Robert William Andrew Feller, better lieve that in order for the United ficking of powerful firearms. known to baseball fans as ‘‘Bullet Bob’’ States to effectively confront global If we make it harder for criminals to or ‘‘Rapid Robert,’’ will forever be rec- challenges, to compete successfully in get guns, there will be fewer gun vio- ognized for his talent, courage, and a global economy, and to lead respon- lence victims. By helping to keep guns heart. Throughout his life, Feller has sibly in the world, we must dramati- out of the wrong hands, we can save achieved tremendous success. Born on cally increase the number of Ameri- lives. a farm in Van Meter, Iowa, in 1918, cans gaining international experience f Feller began his baseball career play- through study abroad. ing American Legion, amateur and In 2004, Congress recognized the value FOREIGN INVESTMENT AND semi-pro baseball on fields across the of study abroad when it formed the NATIONAL SECURITY ACT State. Commission on the Abraham Lincoln Mr. SANTORUM. Mr. President, I He signed a contract to pitch for the Study Abroad Fellowship Program. rise today to support S. 3549, the For- Cleveland Indians in 1935 at the age 16. The Commission issued a report in No- eign Investment and National Security In his first major league start in 1936 vember 2005 calling for a national Act of 2006, because it makes great he struck out 15 batters, showing the study abroad program to greatly in- strides in modernizing the Committee entire league that he was not just a kid crease and diversify the number of U.S. on Foreign Investment in the United but a true talent that could play with students participating in study abroad States, CFIUS, process. I firmly believe the big names. As anticipated by fellow while at the same time addressing the that national security is paramount, coaches, players, and fans, Feller only institutional barriers which hinder and confidence must be restored in the progressed. He was the first pitcher to many students from studying abroad. CFIUS screening process. CFIUS cre- win 20 or more games by the age of 21 Again, the Senate recognized the sig- ates a careful balance between national and pitched the only opening day no- nificance of the study abroad experi- security and the economic benefits of hitter in major league baseball history. ence when it declared 2006 as the ‘‘Year foreign investment. As such, we must At the height of his astounding career, of Study Abroad,’’ and encouraged ini- protect our national security while not Feller put his loyalty to his country tiatives to promote and expand study inadvertently and unnecessarily hurt- above all and enlisted in the U.S. Navy abroad opportunities. ing this job-creating investment. 2 days after the Japanese attack on With this legislation, my colleague Over 5 million Americans work for Pearl Harbor. While putting his big- and I move this important agenda one insourcing companies with a payroll of time baseball career on hold and val- step further by sponsoring a bill that nearly $318 billion. In my State of iantly serving in the Armed Forces for will change the country. It will enable Pennsylvania, 227,700 people owe their nearly 4 years, Feller earned eight bat- our students to graduate with skills

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 27, 2006 CONGRESSIONAL RECORD — SENATE S8375 necessary to work effectively in to- ramento and the San Francisco Bay H.J. Res. 86. An act approving the renewal day’s global society by making study Area. After 11 years, he was promoted of import restrictions contained in the Bur- abroad an integral part of the under- to assistant business manager and mese Freedom and Democracy Act of 2003, graduate educational experience. served area members in both the pri- and for other purposes. Today, only 1 percent of all enrolled vate and public sectors. The enrolled bills and joint resolu- undergraduate students spend time liv- Perry was elected business manager/ tion were subsequently signed by the ing and studying abroad for academic financial secretary of IBEW Local 1245 President pro tempore (Mr. STEVENS). credit. And only approximately one- in 2001. He was reelected in 2004 and has third of those students chose to study held this post ever since. As the leader At 11:38 a.m., a message from the in locations outside Western Europe, of more than 18,000 members working House of Representatives, delivered by even though an estimated 95 percent of for over 50 employers and 100 contrac- Ms. Niland, one of its reading clerks, the world’s population growth will tors, Perry Zimmerman is the voice of announced that the House has passed occur outside that area in the next 50 energy and communication workforces the following bills, in which it requests years. The percentages of minorities in 5 Western States. During this time, the concurrence of the Senate: among individuals studying abroad are he was also a vice president of the Cali- H.R. 5682. An act to exempt from certain extremely low, and underrepresenta- fornia Labor Federation, AFL–CIO. requirements of the Atomic Energy Act of 1954 a proposed nuclear agreement for co- tive of the numbers of those students Throughout his career, Perry has operation with India. in the general student population. demonstrated great enthusiasm and H.R. 5877. An act to amend the Iran and Minnesota ranks third in the Nation compassion for his fellow workers. As Libya Sanctions Act of 1996 to extend the au- for study abroad participation rates. business manager, Perry was com- thorities provided in such Act until Sep- During the 2003–2004 school year, 8073 mitted to being in regular touch with tember 29, 2006. students enrolled in Minnesotan col- members, informing them of leadership The message also announced that the leges and universities studied abroad, decisions and requesting their opin- House has agreed to the following con- which is a little less than 3 percent of ions. He has said this was his favorite current resolution, in which it requests the overall enrolled undergraduate stu- part of his job. the concurrence of the Senate: dent population in the State. I would After more than 40 years of service to H. Con. Res. 400. Concurrent resolution ex- like to see this number grow—study working families, Perry Zimmerman pressing the sense of Congress that the Gov- abroad opportunities will help make deserves some time off. Along with his ernment of Venezuela should actively sup- the next generation of Minnesotans friends and admirers throughout the port strategies for ensuring secure airport and all Americans more competitive in Western United States, I wish him a facilities that meet international certifi- the global marketplace. long and pleasurable retirement.∑ cations to prevent trafficking of controlled substances, narcotics, and laundered money. The reality of the global environ- f ment commands that far more of our MESSAGES FROM THE PRESIDENT At 12:47 p.m., a message from the students study abroad, regardless of House of Representatives, delivered by their field of study, ethnicity, socio- Messages from the President of the Ms. Niland, one of its reading clerks, economic status or gender, and that United States were communicated to announced that the House has passed more of them study in nontraditional the Senate by Ms. Evans, one of his the following bills, in which it requests destinations. In order for graduates to secretaries. the concurrence of the Senate: be effective in the increasingly inter- f H.R. 2730. An act to authorize funding for connected global society, they must EXECUTIVE MESSAGES REFERRED eligible joint ventures between United better understand the broad world, not States and Israeli businesses an academic just a small part of it. As in executive session the Presiding persons, to establish the International En- Study abroad should become the Officer laid before the Senate messages ergy Advisory Board, and for other purposes. norm, not the exception for U.S. col- from the President of the United H.R. 5319. An act to amend the Commu- lege students. It can only be good for States submitting sundry nominations nications Act of 1934 to require recipients of our campuses, our communities and which were referred to the appropriate universal service support for schools and li- our Nation to have more U.S. students braries to protect minors from commercial committees. social networking websites and chat rooms. understanding more about the rest of (The nominations received today are H.R. 5337. An act to ensure national secu- the world. printed at the end of the Senate pro- rity while promoting foreign investment and f ceedings.) the creation and maintenance of jobs, to reform the process by which such investments ADDITIONAL STATEMENTS f are examined for any effect they may have MESSAGES FROM THE HOUSE on national security, to establish the Com- mittee on Foreign Investment in the United TRIBUTE TO PERRY M. States, and for other purposes. ZIMMERMAN ENROLLED BILLS AND JOINT H.R. 5611. An act to authorize a partner- ∑ Mrs. BOXER. Mr. President, I am RESOLUTION SIGNED ship between the Secretary of Energy and pleased and honored to salute labor appropriate industry groups for the creation leader Perry Zimmerman, the distin- At 9:31 a.m., a message from the of a transportation fuel conservation education campaign, and for other purposes. guished business manager of the Inter- House of Representatives, delivered by national Brotherhood of Electrical Ms. Niland, one of its reading clerks, f Workers, IBEW, Local 1245, and a vice announced that the Speaker has signed MEASURES REFERRED the following enrolled bills and joint president of the California Labor Fed- The following bills were read the first eration, AFL–CIO. Perry is retiring resolution: S. 1496. An act to direct the Secretary of and the second times by unanimous after 5 years as IBEW Local 1245 busi- consent, and referred as indicated: ness manager and more than 40 years the Interior to conduct a pilot program under which up to 15 States may issue elec- H.R. 2730. An act to establish a grant proof outstanding service to the labor tronic Federal migratory bird hunting gram to fund eligible joint ventures between community in California, Nevada, Or- stamps. United States and Israeli businesses and aca- egon, Washington, and Idaho. H.R. 4019. An act to amend title 4 of the demic persons, to establish the International Perry Zimmerman began his career United States Code to clarify the treatment Energy Advisory Board, and for other pur- at Pacific Gas and Electric Company in of self-employment for purposes of the limi- poses; to the Committee on Energy and Nat- 1962. During his 19 years there, he was tation on State taxation of retirement in- ural Resources. an active union member, serving as a come. H.R. 5319. An act to amend the Commu- shop steward, unit chairman, and advi- H.R. 5865. An act to amend section 1113 of nications Act of 1934 to require recipients of the Social Security Act to temporarily in- universal service support for schools and li- sory council member. crease funding for the program of temporary braries to protect minors from commercial In 1981, Perry joined the staff of assistance for United States citizens re- social networking websites and chat rooms; IBEW Local 1245 as business represent- turned from foreign countries, and for other to the Committee on Commerce, Science, ative, where he served members in Sac- purposes. and Transportation.

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8376 CONGRESSIONAL RECORD — SENATE July 27, 2006 H.R. 5611. An act to provide for the estab- of Policy, Economics, and Innovation, Envi- 2005; to the Committee on Banking, Housing, lishment of a partnership between the Sec- ronmental Protection Agency, transmitting, and Urban Affairs. retary of Energy and appropriate industry pursuant to law, the report of a rule entitled EC–7671. A communication from the Gen- groups for the creation of a transportation ‘‘2-Propenoic Acid, 2-Methl-, Polymer with eral Counsel, Federal Housing Finance fuel conservation education campaign, and Butyl 2-Propenoate, Methyl 2-Methyl- Board, transmitting, pursuant to law, the re- for other purposes; to the Committee on En- Propenoate, Methyl 2-Propenoate and 2-Pro- port of a rule entitled ‘‘No. 2006–10: Data Re- ergy and Natural Resources. penoic Acid, Graft, Compound with 2-Amino- porting Requirements for the Federal Home The following concurrent resolution 2Methyl-1-Propanol; Tolerance Exemption’’ Loan Banks’’ (RIN3069–AB28) received on was read, and referred as indicated: (FRL No. 8077–4) received on July 25, 2006; to July 26, 2006; to the Committee on Banking, the Committee on Agriculture, Nutrition, Housing, and Urban Affairs. H. Con. Res. 400. Concurrent resolution ex- and Forestry. EC–7672. A communication from the Gen- pressing the sense of Congress that the Gov- EC–7662. A communication from the Prin- eral Counsel, National Credit Union Admin- ernment of Venezuela should actively sup- cipal Deputy Associate Administrator, Office istration, transmitting, pursuant to law, the port strategies for ensuring secure airport of Policy, Economics, and Innovation, Envi- report of a rule entitled ‘‘Third-Party Serv- facilities that meet international certifi- ronmental Protection Agency, transmitting, icing of Indirect Vehicle Loans’’ (12 CFR cations to prevent trafficking of controlled pursuant to law, the report of a rule entitled Parts 701 and 741) received on July 26, 2006; to substances, narcotics, and laundered money; ‘‘2-Propenoic, 2-Methyl-, Polymers with the Committee on Banking, Housing, and to the Committee on Foreign Relations. Ethyl Acrylate and Polyethylene Glycol Urban Affairs. f Methylacrylate C18–22alkyl Ethers; Toler- EC–7673. A communication from the Sec- ance Exemption’’ (FRL No. 8078–3) received retary of the Interior, transmitting, pursu- MEASURES PLACED ON THE on July 25, 2006; to the Committee on Agri- ant to law, the Department’s Annual Report CALENDAR culture, Nutrition, and Forestry. for Fiscal Year 2005 entitled ‘‘Outer Conti- The following bills were read the first EC–7663. A communication from the Direc- nental Shelf Lease Sales: Evaluation of Bid- and second times by unanimous con- tor, Regulatory Review Group, Department ding Results’’; to the Committee on Energy sent, and placed on the calendar: of Agriculture, transmitting, pursuant to and Natural Resources. law, the report of a rule entitled ‘‘Revisions EC–7674. A communication from the Chair- H.R. 5337. An act to ensure national secu- of Delegations of Authority’’ (RIN0560–AE51) man, Defense Nuclear Facilities Safety rity while promoting foreign investment and received on July 26, 2006; to the Committee Board, transmitting, pursuant to law, a re- the creation and maintenance of jobs, to re- on Agriculture, Nutrition, and Forestry. port entitled ‘‘Plutonium Storage at the De- form the process by which such investments EC–7664. A communication from the Acting partment of Energy’s Savannah River Site’’; are examined for any effect they may have Assistant Secretary of the Navy (Installa- to the Committee on Energy and Natural Re- on national security, to establish the Com- tions and Environment), transmitting, pur- sources. mittee on Foreign Investment in the United suant to law, a report relative to conducting EC–7675. A communication from the Attor- States, and for other purposes. a standard competition of the Laundry and ney, Office of Assistant General Counsel for H.R. 5682. An act to exempt from certain Dry Cleaning Operations function performed Legislation and Regulatory Law, Depart- requirements of the Atomic Energy Act of by civilian personnel in the Department of ment of Energy, transmitting, pursuant to 1954 a proposed nuclear agreement for co- the Navy for possible performance by private law, the report of a rule entitled ‘‘Computer operation with India. contractors; to the Committee on Armed Security; Access to Information on Depart- f Services. ment of Energy Computers and Computer EC–7665. A communication from the Acting Systems’’ (RIN1992–AA27) received on July EXECUTIVE AND OTHER Assistant Secretary of the Navy (Installa- 24, 2006; to the Committee on Energy and COMMUNICATIONS tions and Environment), transmitting, pur- Natural Resources. The following communications were suant to law, a report of the beginning of EC–7676. A communication from the Gen- laid before the Senate, together with preliminary planning under Office of Man- eral Counsel, Federal Energy Regulatory Commission, transmitting, pursuant to law, accompanying papers, reports, and doc- agement and Budget Circular A–76 for the possible competition of Naval Facilities En- the report of a rule entitled ‘‘Promoting uments, and were referred as indicated: gineering Command recycling functions; to Transmission Investment through Pricing EC–7657. A communication from the Con- the Committee on Armed Services. Reform’’ (Docket No. RM06–4–000) received gressional Review Coordinator, Animal and EC–7666. A communication from the Under on July 24, 2006; to the Committee on Energy Plant Health Inspection Service, Department Secretary of Defense (Personnel and Readi- and Natural Resources. of Agriculture, transmitting, pursuant to ness), transmitting, authorization of Rear EC–7677. A communication from the Gen- law, the report of a rule entitled ‘‘Gypsy Admiral (lower half) David J. Dorsett, eral Counsel, Federal Energy Regulatory Moth; Regulated Articles’’ ((RIN0579–AB55) United States Navy, to wear the insignia of Commission, transmitting, pursuant to law, (Doc. No. 00–067–2)) received on July 21, 2006; the grade of rear admiral in accordance with the report of a rule entitled ‘‘Rate Regula- to the Committee on Agriculture, Nutrition, title 10, United States Code, section 777; to tion of Certain Natural Gas Storage Facili- and Forestry. the Committee on Armed Services. ties’’ (Docket Nos. RM05–23–000 and AD04–11– EC–7658. A communication from the Con- EC–7667. A communication from the Under 000) received on July 26, 2006; to the Com- gressional Review Coordinator, Animal and Secretary of Defense (Personnel and Readi- mittee on Energy and Natural Resources. Plant Health Inspection Service, Department ness), transmitting, the report of (4) officers EC–7678. A communication from the Ad- of Agriculture, transmitting, pursuant to authorized to wear the insignia of rear admi- ministrator, Environmental Protection law, the report of a rule entitled ‘‘Asian ral in accordance with title 10, United States Agency, transmitting, pursuant to law, a re- Longhorned Beetle; Removal of Quarantined Code, section 777; to the Committee on port entitled ‘‘The Superfund Innovative Area in Illinois’’ (Doc. No. APHIS–2006–0105) Armed Services. Technology Evaluation Program: Annual Re- received on July 21, 2006; to the Committee EC–7668. A communication from the Liai- port to Congress FY 2003’’; to the Committee on Agriculture, Nutrition, and Forestry. son Officer, Office of the Secretary, Depart- on Environment and Public Works. EC–7659. A communication from the Con- ment of Defense, transmitting, pursuant to EC–7679. A communication from the Prin- gressional Review Coordinator, Animal and law, the report of a rule entitled ‘‘Civilian cipal Deputy Associate Administrator, Office Plant Health Inspection Service, Department Health and Medical Program of the Uni- of Policy, Economics, and Innovation, Envi- of Agriculture, transmitting, pursuant to formed Services (CHAMPUS); Transitional ronmental Protection Agency, transmitting, law, the report of a rule entitled ‘‘Chronic Assistance Management Program; Early Eli- pursuant to law, the report of a rule entitled Wasting Disease Herd Certification Program gibility for TRICARE for Certain Reserve ‘‘National Perchloroethylene Air Emission and Interstate Movement of Farmed or Cap- Component Members’’ (RIN0720–AA90) re- Standards for Dry Cleaning Facilities’’ tive Deer, Elk, and Moose’’ ((RIN0579–AB35) ceived on July 26, 2006; to the Committee on ((RIN2060–AK18) (FRL No. 8200–2)) received (Doc. No. 00–108–3)) received on July 24, 2006; Armed Services. on July 25, 2006; to the Committee on Envi- to the Committee on Agriculture, Nutrition, EC–7669. A communication from the Sec- ronment and Public Works. and Forestry. retary of the Treasury, transmitting, pursu- EC–7680. A communication from the Chief, EC–7660. A communication from the Con- ant to law, a six-month periodic report on Publications and Regulations Branch, Inter- gressional Review Coordinator, Animal and the national emergency with respect to ternal Revenue Service, Department of the Plant Health Inspection Service, Department rorists who threaten to disrupt the Middle Treasury, transmitting, pursuant to law, the of Agriculture, transmitting, pursuant to East peace process that was declared in Ex- report of a rule entitled ‘‘Applicable Federal law, the report of a rule entitled ‘‘Imported ecutive Order 12947 of January 23, 1995; to the Rates—August 2006’’ (Rev. Rul. 2006–39) re- Fire Ant; Addition of Counties in Arkansas Committee on Banking, Housing, and Urban ceived on July 21, 2006; to the Committee on and Tennessee to the List of Quarantined Affairs. Finance. Areas’’ (Doc. No. APHIS–2006–0080) received EC–7670. A communication from the Under EC–7681. A communication from the Chief, on July 26, 2006; to the Committee on Agri- Secretary for Domestic Finance, Department Publications and Regulations Branch, Inter- culture, Nutrition, and Forestry. of the Treasury, transmitting, pursuant to nal Revenue Service, Department of the EC–7661. A communication from the Prin- law, the annual report on the Resolution Treasury, transmitting, pursuant to law, the cipal Deputy Associate Administrator, Office Funding Corporation for the calendar year report of a rule entitled ‘‘Excise Taxes With

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 27, 2006 CONGRESSIONAL RECORD — SENATE S8377 Respect To Prohibited Tax Shelter Trans- INTRODUCTION OF BILLS AND 950 Missouri Avenue in East St. Louis, Illi- actions to Which Tax-Exempt Entities Are JOINT RESOLUTIONS nois, as the ‘‘Katherine Dunham Post Office Parties and Related Disclosure Require- Building’’; to the Committee on Homeland ments’’ (Notice 2006–65) received on July 21, The following bills and joint resolu- Security and Governmental Affairs. 2006; to the Committee on Finance. tions were introduced, read the first By Mr. REED (for himself, Mr. ROCKE- EC–7682. A communication from the Chief, and second times by unanimous con- FELLER, Mr. KENNEDY, Mr. BINGAMAN, Publications and Regulations Branch, Inter- sent, and referred as indicated: and Mr. KERRY): nal Revenue Service, Department of the By Ms. STABENOW (for herself and S. 3758. A bill to establish certain require- Treasury, transmitting, pursuant to law, the Mr. LEVIN): ments relating to the continuation of the report of a rule entitled ‘‘Reporting of Gross S. 3745. A bill to amend the Internal Rev- Survey of Income and Program Participa- Proceeds Payments to Attorneys’’ (RIN1545– enue Code of 1986 to allow a tax credit for tion; to the Committee on Commerce, AW72) received on July 21, 2006; to the Com- certain employer-provided retiree health Science, and Transportation. mittee on Finance. care coverage, and for other purposes; to the By Mr. BURNS: f Committee on Finance. S. 3759. A bill to name the Armed Forces By Mrs. BOXER (for herself and Mrs. Readiness Center in Great Falls, Montana, in REPORTS OF COMMITTEES FEINSTEIN): honor of Captain William Wylie Galt, a re- The following reports of committees S. 3746. A bill to authorize the Secretary of cipient of the Congressional Medal of Honor; were submitted: the Interior and the Secretary of Agriculture to the Committee on Armed Services. to make grants to facilitate the establish- By Mr. KYL (for himself and Mr. By Mr. CRAIG, from the Committee on ment of the National Ag Science Center in DEWINE): Veterans’ Affairs, without amendment: Stanislaus County, California; to the Com- S. 3760. A bill to prohibit the suspension of S. 2562. A bill to increase, effective as of mittee on Agriculture, Nutrition, and For- royalties under certain circumstances and to December 1, 2006 , the rates of compensation estry. clarify the authority to impose price thresh- for veterans with service-connected disabil- By Mr. ROCKEFELLER (for himself, olds for certain leases; to the Committee on ities and the rates of dependency and indem- ERRY, Mr. KENNEDY, and Mr. Energy and Natural Resources. nity compensation for the survivors of cer- Mr. K SARBANES): tain disabled veterans (Rept. No. 109–296). S. 3747. A bill to amend title XVIII of the f By Mr. CRAIG, from the Committee on Social Security Act and the Employee Re- Veterans’ Affairs, with an amendment in the tirement Income Security Act of 1974 to pro- SUBMISSION OF CONCURRENT AND nature of a substitute and an amendment to vide access to Medicare benefits for individ- SENATE RESOLUTIONS the title: uals ages 55 to 65, to amend the Internal Rev- S. 2694. A bill to amend title 38, United The following concurrent resolutions enue Code of 1986 to allow a refundable and States Code, to remove certain limitation on and Senate resolutions were read, and advanceable credit against income tax for attorney representation of claimants for vet- payment of such premiums, and for other referred (or acted upon), as indicated: erans benefits in administrative proceedings purposes; to the Committee on Finance. By Mr. ISAKSON (for himself, Mr. before the Department of Veterans Affairs, CHAMBLISS, and Mr. ROCKEFELLER): and for other purposes (Rept. No. 109–297). By Mr. NELSON of Florida (for himself and Mr. MARTINEZ): S. Res. 541. A resolution congratulating f S. 3748. A bill to require the Secretary of Spelman College on its 125th anniversary; EXECUTIVE REPORTS OF the Army to publish a supplement to the considered and agreed to. major rehabilitation report for the Herbert By Mr. CRAPO (for himself and Mr. COMMITTEES Hoover Dike system, and for other purposes; DORGAN): The following executive reports of to the Committee on Environment and Pub- S. Res. 542. A resolution supporting the nominations were submitted: lic Works. goals and ideas of National Peripheral Arte- By Ms. COLLINS for the Committee on By Mrs. FEINSTEIN: rial Disease Awareness Week; to the Com- S. 3749. A bill to suspend temporarily the Homeland Security and Governmental Af- mittee on Health, Education, Labor, and duty on certain parts and accessories for fairs. Pensions. *Jennifer M. Anderson, of the District of measuring or checking instruments; to the By Mr. LOTT: Columbia, to be an Associate Judge of the Committee on Finance. S. Res. 543. A resolution temporarily sus- Superior Court of the District of Columbia By Mrs. FEINSTEIN: pending the Rules for the Regulation of the S. 3750. A bill to suspend temporarily the for the term of fifteen years. Senate Wing of the United States Capitol duty on certain printed circuit assemblies *Anna Blackburne-Rigsby, of the District and Senate Office Buildings for the purpose for measuring equipment for telecommuni- of Columbia, to be Associate Judge of the of permitting the taking of photographs in cations; to the Committee on Finance. District of Columbia Court of Appeals for the the area of the Daily Press Gallery; consid- By Mrs. FEINSTEIN: ered and agreed to. term of fifteen years. S. 3751. A bill to suspend temporarily the *Phyllis D. Thompson, of the District of duty on certain subassemblies for measuring f Columbia, to be Associate Judge of the Dis- equipment for telecommunications; to the trict of Columbia Court of Appeals for the Committee on Finance. ADDITIONAL COSPONSORS term of fifteen years. By Mrs. FEINSTEIN: *Mickey D. Barnett, of New Mexico, to be S. 3752. A bill to liquidate or reliquidate S. 146 a Governor of the United States Postal Serv- certain entries of frozen fish fillets; to the At the request of Mr. INOUYE, the ice for a term expiring December 8, 2013. Committee on Finance. name of the Senator from New Jersey *Katherine C. Tobin, of New York, to be a By Mr. BAUCUS: (Mr. MENENDEZ) was added as a cospon- Governor of the United States Postal Service S. 3753. A bill to provide emergency assist- for a term expiring December 8, 2012. sor of S. 146, a bill to amend title 38, ance to agricultural producers that have in- United States Code, to deem certain *Ellen C. Williams, of Kentucky, to be a curred losses during calendar year 2006 due Governor of the United States Postal Service to fires; to the Committee on Agriculture, service in the organized military forces for the remainder of the term expiring De- Nutrition, and Forestry. of the Government of the Common- cember 8, 2007. By Mr. MARTINEZ (for himself and wealth of the Philippines and the Phil- *Paul A. Denett, of Virginia, to be Admin- Mr. COLEMAN): ippine Scouts to have been active serv- istrator for Federal Procurement Policy. S. 3754. A bill to amend the Internal Rev- By Mr. SPECTER for the Committee on ice for purposes of benefits under pro- enue Code of 1986 to allow individuals a re- grams administered by the Secretary the Judiciary. fundable credit against income tax for the Kimberly Ann Moore, of Virginia, to be of Veterans Affairs. purchase of private health insurance, and for United States Circuit Judge for the Federal other purposes; to the Committee on Fi- S. 267 Circuit. At the request of Mr. CRAIG, the R. Alexander Acosta, of Florida, to be nance. United States Attorney for the Southern By Mr. SCHUMER: names of the Senator from West Vir- S. 3755. A bill to establish the Niagara ginia (Mr. ROCKEFELLER) and the Sen- District of Florida for the term of four years. Falls National Heritage Area in the State of Steven G. Bradbury, of Maryland, to be an ator from Florida (Mr. MARTINEZ) were New York, and for other purposes; to the Assistant Attorney General. added as cosponsors of S. 267, a bill to Committee on Energy and Natural Re- *Nomination was reported with rec- sources. reauthorize the Secure Rural Schools ommendation that it be confirmed sub- By Mr. MENENDEZ: and Community Self-Determination ject to the nominee’s commitment to S. 3756. A bill to study and improve the air Act of 2000, and for other purposes. respond to requests to appear and tes- quality inside school buses, and for other S. 489 tify before any duly constituted com- purposes; to the Committee on Environment At the request of Mr. ALEXANDER, the and Public Works. name of the Senator from New Hamp- mittee of the Senate. By Mr. OBAMA (for himself and Mr. (Nominations without an asterisk shire (Mr. SUNUNU) was added as a co- DURBIN): were reported with the recommenda- S. 3757. A bill to designate the facility of sponsor of S. 489, a bill to amend chap- tion that they be confirmed.) the United States Postal Service located at ter 111 of title 28, United States Code,

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8378 CONGRESSIONAL RECORD — SENATE July 27, 2006 to limit the duration of Federal con- S. 2491 (Mr. LOTT) was added as a cosponsor of sent decrees to which State and local At the request of Mr. CORNYN, the S. 3722, a bill to authorize the transfer governments are a party, and for other name of the Senator from New Mexico of naval vessels to certain foreign re- purposes. (Mr. DOMENICI) was added as a cospon- cipients. S. 537 sor of S. 2491, a bill to award a Congres- S.J. RES. 7 At the request of Mr. BINGAMAN, the sional gold medal to Byron Nelson in At the request of Mr. KENNEDY, the name of the Senator from Washington recognition of his significant contribu- name of the Senator from Vermont (Ms. CANTWELL) was added as a cospon- tions to the game of golf as a player, a (Mr. JEFFORDS) was added as a cosponsor of S. 537, a bill to increase the num- teacher, and a commentator. sor of S.J. Res. 7, a joint resolution ber of well-trained mental health serv- S. 2590 proposing an amendment to the Con- ice professionals (including those based At the request of Mr. COBURN, the stitution of the United States relative in schools) providing clinical mental name of the Senator from Illinois (Mr. to equal rights for men and women. health care to children and adoles- DURBIN) was added as a cosponsor of S. S. CON. RES. 84 cents, and for other purposes. 2590, a bill to require full disclosure of At the request of Mr. KYL, the name S. 914 all entities and organizations receiving of the Senator from Idaho (Mr. CRAIG) At the request of Mr. ALLARD, the Federal funds. was added as a cosponsor of S. Con. name of the Senator from Nebraska S. 2707 Res. 84, a concurrent resolution ex- (Mr. HAGEL) was added as a cosponsor At the request of Mr. SUNUNU, the pressing the sense of Congress regard- of S. 914, a bill to amend the Public name of the Senator from Georgia (Mr. ing a free trade agreement between the Health Service Act to establish a com- CHAMBLISS) was added as a cosponsor of United States and Taiwan. S. 2707, a bill to amend the United petitive grant program to build capac- S. CON. RES. 97 ity in veterinary medical education States Housing Act of 1937 to exempt At the request of Mr. GRASSLEY, the qualified public housing agencies from and expand the workforce of veterinar- name of the Senator from Montana ians engaged in public health practice the requirement of preparing an annual (Mr. BURNS) was added as a cosponsor public housing agency plan. and biomedical research. of S. Con. Res. 97, a concurrent resolu- S. 1263 S. 2791 tion expressing the sense of Congress At the request of Mr. BOND, the name At the request of Mr. STEVENS, the that it is the goal of the United States of the Senator from Georgia (Mr. ISAK- name of the Senator from West Vir- that, not later than January 1, 2025, SON) was added as a cosponsor of S. ginia (Mr. BYRD) was added as a co- the agricultural, forestry, and working 1263, a bill to amend the Small Busi- sponsor of S. 2791, a bill to amend title land of the United States should pro- ness Act to establish eligibility re- 46 and 49, United States Code, to provide from renewable resources not less quirements for business concerns to re- vide improved maritime, rail, and pub- than 25 percent of the total energy con- ceive awards under the Small Business lic transportation security, and for sumed in the United States and con- Innovation Research Program. other purposes. tinue to produce safe, abundant, and S. 1537 S. 3523 affordable food, feed, and fiber. KAKA At the request of Mrs. FEINSTEIN, the At the request of Mr. A , the S. RES. 359 name of the Senator from New Jersey name of the Senator from New Mexico At the request of Ms. LANDRIEU, the (Mr. BINGAMAN) was added as a cospon- (Mr. MENENDEZ) was added as a cospon- names of the Senator from North Caro- sor of S. 1537, a bill to amend title 38, sor of S. 3523, a bill to amend the Inter- lina (Mr. BURR) and the Senator from United States Code, to provide for the nal Revenue Code of 1986 to provide North Carolina (Mrs. DOLE) were added that the Tax Court may review claims establishment of Parkinson’s Disease as cosponsors of S. Res. 359, a resolu- for equitable innocent spouse relief and Research Education and Clinical Cen- tion concerning the Government of Ro- to suspend the running on the period of ters in the Veterans Health Adminis- mania’s ban on intercountry adoptions limitations while such claims are pend- tration of the Department of Veterans and the welfare of orphaned or aban- ing. Affairs and Multiple Sclerosis Centers doned children in Romania. of Excellence. S. 3535 f S. 1774 At the request of Mr. TALENT, the At the request of Mr. CORNYN, the name of the Senator from Texas (Mr. STATEMENTS ON INTRODUCED name of the Senator from New Jersey CORNYN) was added as a cosponsor of S. BILLS AND JOINT RESOLUTIONS (Mr. MENENDEZ) was added as a cospon- 3535, a bill to modernize and update the By Mrs. BOXER (for herself and sor of S. 1774, a bill to amend the Pub- National Housing Act and to enable the Mrs. FEINSTEIN): lic Health Service Act to provide for Federal Housing Administration to use S. 3746. A bill to authorize the the expansion, intensification, and co- risk based pricing to more effectively Secretry of the Interior and the Sec- ordination of the activities of the Na- reach underserved borrowers, and for retary of Agriculture to make grants tional Heart, Lung, and Blood Institute other purposes. to facilitate the establishment of the with respect to research on pulmonary S. 3677 National Ag Science Center in hypertension. At the request of Mr. BINGAMAN, the Stanislaus County, California; to the S. 2048 name of the Senator from Georgia (Mr. committee on Agriculture, Nutrition, At the request of Mr. OBAMA, the ISAKSON) was added as a cosponsor of S. and Forestry. name of the Senator from Illinois (Mr. 3677, a bill to amend title XVIII of the Mrs. BOXER. Mr. President, I rise DURBIN) was added as a cosponsor of S. Social Security Act to eliminate the in today with my colleague Senator FEIN- 2048, a bill to direct the Consumer the home restriction for Medicare cov- STEIN to introduce a bill authorizing Product Safety Commission to classify erage of mobility devices for individ- the Secretaries of Agriculture and In- certain children’s products containing uals with expected long-term needs. terior to make grants to facilitate the lead to be banned hazardous sub- S. 3681 establishment of the National Ag stances. At the request of Mr. DOMENICI, the Science Center in Stanislaus County, S. 2354 name of the Senator from Pennsyl- California. This bill will create a facil- At the request of Mr. NELSON of Flor- vania (Mr. SANTORUM) was added as a ity that will help teach visitors from ida, the name of the Senator from Con- cosponsor of S. 3681, a bill to amend the all across the country about the sig- necticut (Mr. LIEBERMAN) was added as Comprehensive Environmental Re- nificance of agriculture in our Nation’s a cosponsor of S. 2354, a bill to amend sponse Compensation and Liability Act culture and economy, the importance title XVIII of the Social Security Act of 1980 to provide that manure shall of science in agriculture, and Califor- to reduce the coverage gap in prescrip- not be considered to be a hazardous nia’s role as the Nation’s preeminent tion drug coverage under part D of substance, pollutant, or contaminant. agricultural State. such title based on savings to the Medi- S. 3722 This bill will designate $10 million in care program resulting from the nego- At the request of Mr. LUGAR, the total grant funding to help fund con- tiation of prescription drug prices. name of the Senator from Mississippi struction costs of the center, with the

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 27, 2006 CONGRESSIONAL RECORD — SENATE S8379 federal share limited to 33 percent of inadequate health insurance has been In March of this year, a major Amer- the total cost. I am happy to report shown over and over to be associated ican automotive company offered that the center is making great with poorer health and quality of life. 113,000 of its employees up to $140,000 to progress on raising private donations The uninsured are over 40 percent more leave the company with no claims to to complete its share of the construc- likely to be diagnosed with late stage future benefits. It is predicted that tion funding. breast and prostate cancers and more more large employers will follow suit The center will help promote Califor- than twice as likely to be diagnosed in the near future, while other compa- nia’s place as the Nation’s most diverse with late stage melanoma. They are nies continue to seek bankruptcy court and productive agricultural State. hospitalized more often for avoidable approval to set aside long-standing With the farmers, growers, and ranch- conditions such as pneumonia and un- benefit programs. The greatest impact ers of our State producing over 350 dif- controlled diabetes. of these types of buyouts and benefit ferent crops and commodities, and The Institute of Medicine estimates restrictions will be on the near-elderly nearly 80,000 active farming operations, that 18,000 people die every year be- age group, who do not yet have the agriculture is one of California’s most cause they lack health coverage. Thou- safety net of Medicare. important industries. From our vine- sands more suffer unnecessary pain and Some of my colleagues might argue yards and wineries, to the almond, disability because they can’t get the that Medicare buy-in legislation is un- stone fruit, strawberry, cotton, and health care they need when they need necessary because the near elderly can rice farms, to the citrus groves of cen- it. We cannot allow so many of our fel- get coverage in the individual market. tral and southern California, to the low citizens to just fall through the I would say to my colleagues that the dairy and cattle ranches across the cracks of a deficient health care sys- near elderly have an extremely dif- State, farming and agriculture are tem. We can and must do better. ficult time buying insurance in the in- ubiquitous in California and impact all I have introduced several bills to this dividual market. Because this group of our communities in an important Congress to provide greater access to tends to have pre-existing chronic ill- way. health insurance coverage in this coun- nesses, private insurers often deny The farms, large and small, produce try. These bills include the MediKids them coverage or offer them coverage half of America’s produce and are ex- Health Insurance Act to improve cov- at unaffordable rates. So the individual ported all across the globe, providing erage for kids, the TAA Health Cov- market actually fails to be an option billions of dollars to our economy and erage Improvement Act to offer insur- for most near elderly individuals and balance of trade. ance options to trade displaced work- they bear the risk of forgoing coverage The center’s mission will place an ers, and the Small Employers Health altogether. emphasis on agricultural science edu- Benefits Plan Act to offer more afford- Lack of insurance and gaps in cov- cation, with interactive, high-tech- able health care to small business own- erage affect us all, not just the unin- nology exhibits designed to foster an ers and their employees. Today, I join sured person in need of care. When an understanding of the importance of ag- Senators KERRY, KENNEDY, and SAR- uninsured person goes to a hospital, riculture, and how science plays an es- BANES in introducing yet another key clinic, or emergency room and cannot sential role in the farm-to-food proc- piece of legislation to reduce the num- pay for the cost of his or her care, the ess. There will also be a strong focus on ber of uninsured Americans—the Medi- unpaid balances are passed on to those highlighting the important relation- care Early Access Act of 2006. who have insurance or other means to ship between agriculture, conservation, The Medicare Early Access Act of pay. Insurance rates go up as do our and the environment. 2006, which has also been introduced in taxes to support public programs. I would also like to thank Represent- the House of Representatives by Con- Whether through higher insurance pre- atives CARDOZA, MATSUI and RADANO- gressman PETE STARK, provides a new miums or taxes supporting our public VICH for introducing a companion bill coverage option for our Nation’s near insurance programs, we all pay, one in the House of Representatives. elderly. This legislation would allow way or another, for not doing more to people aged 55 through 64, who are not address the problem of the uninsured. By Mr. ROCKEFELLER (for him- otherwise eligible for coverage under a Failure to achieve a solution now to self, Mr. KERRY, Mr. KENNEDY, group health plan or Federal health in- this burgeoning problem will surely and Mr. SARBANES): surance program, to buy into Medicare. cost us more if we wait, both in human S. 3747. A bill to amend title XVIII of It also provides a 75 percent tax credit life and in dollars. the Social Security Act and the Em- for Medicare early access premiums to The Medicare Early Access Act of ployee Retirement Income Security make coverage more affordable for the 2006 may not be the total solution to Act of 1974 to provide access to Medi- broadest range of near elderly individ- solving America’s crisis of the unin- care benefits for individuals ages 55 to uals. sured, but it is an earnest attempt to 65, to amend the Internal Revenue Code Insurance coverage for the near-el- address the problem of the health care of 1986 to allow a refundable and derly, the 29 million people between access for one of the most vulnerable advanceable credit against income tax the ages of 55 and 64, is particularly segments of our population-the near el- for payment of such premiums, and for critical. The near elderly are the fast- derly. These individuals often have the other purposes; to the Committee on est growing group of uninsured Ameri- greatest need and the least choice Finance. cans—almost one in seven are unin- when it comes to affordable health in- Mr. ROCKEFELLER. Mr. President, sured. And, we know the risk of serious surance coverage. By offering the near- in 2004, 45.8 million Americans were illness for adults increases with age, elderly access to comprehensive health without health insurance. That is 15.7 requiring more frequent contact with benefits through Medicare, we can percent of our population, an increase the health care system and the related hopefully reduce the long-term costs to of over 800,000 people in just one year. financial obligations. Over 50 percent our health care system. I urge my col- Yet this number doesn’t even reflect of near-elderly Americans have at least leagues to join us in taking this impor- the true extent of the problem, as at one serious health problem, including tant step toward making health insur- least another 16 million adults and diabetes, cancer, chronic lung disease, ance and personal dignity a reality for children are underinsured. This means heart problems, or stroke. Without all Americans. that even though they have insurance, adequate access to health care, these they are not able to access quality individuals typically delay care until By Mr. OBAMA (for himself and health care when they need it because more serious complications develop Mr. DURBIN): of high deductibles, soaring co-pay- that could require high-cost hospital S. 3757. A bill to designate the facil- ments, and unreasonable health benefit care or even lead to premature death. ity of the United States Postal Service restrictions. With job layoffs, early retirement, located at 950 Missouri Avenue in East As I have said many times before, it and the dwindling number of employers St. Louis, Illinois, as the ‘‘Katherine is unacceptable that a world super- offering health insurance, the near-el- Dunham Post Office Building’’; to the power such as ours has so many people derly now face greater hurdles to main- Committee on Homeland Security and that are uninsured. Lacking or having taining adequate health care coverage. Governmental Affairs.

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8380 CONGRESSIONAL RECORD — SENATE July 27, 2006 Mr. OBAMA. Mr. President, today, I linois University that was eventually in artistic history by becoming the am introducing legislation, along with named the Katherine Dunham Centers first black choreographer at the Metro- Senator DURBIN, to honor the lifetime for the Arts and Humanities. politan Opera, where she helped stage achievements and legacy of one of Illi- Katherine Dunham was a woman far the new production of ‘‘Aida.’’ nois’ most treasured figures, Katherine ahead of her time and her contribu- Dunham shut down her dance com- Dunham, who passed away on May 21, tions earned her the recognition and pany in 1965 to become adviser to the 2006. Our bill would name the post of- admiration of her peers. Among her cultural ministry of Senegal. She at- fice on Missouri Avenue in East St. many honors are the Presidential tended the first World Festival of Louis, the ‘‘Katherine Dunham Post Medal of Arts, Kennedy Center Honors, Negro Arts in Senegal as an official Office Building.’’ French Legion of Honor, Southern representative from the United States. Katherine Dunham was born in Glen Cross of Brazil, Grand Cross of Haiti, In 1967, Dunham opened the Per- Ellyn, IL, on June 22, 1909, to Albert NAACP Lifetime Achievement Award, forming Arts Training Center, an Afri- Millard Dunham and Fanny June Tay- Lincoln Academy Laureate, and the can-American cultural center for local lor. Her father was a descendant of Urban League’s Lifetime Achievement youngsters, in East St. Louis, IL. She slaves from Madagascar and West Afri- Award. Dunham was one of 75 women later expanded the program to include ca, and her mother was French Cana- whose lives were celebrated in the senior citizens. dian. Her diverse background would book, ‘‘I Have A Dream’’. Except for a brief appearance in 1965, foreshadow her lifelong commitment to At one of the major highlights of her Dunham did not perform regularly exploring and teaching the history of career, Dunham received the Albert after 1962 as she focused on her cho- culture around the world. Schweitzer Music Award ‘‘for a life’s reography. One of her major works was Katherine Dunham’s trailblazing life work dedicated to music and devoted choreographing and directing Scott began at an early age when she entered to humanity,’’ in front of a packed Joplin’s opera ‘‘Treemonisha’’ in 1972. the University of Chicago as one of the house at New York’s Carnegie Hall. In February 1992, at the age of 82, first African Americans to attend the I ask my colleagues to join me in Dunham again became the subject of school. She eventually earned bachelor, celebrating the life and legacy of Kath- international attention when she began master’s and doctoral degrees in an- erine Dunham and her efforts to bring a 47-day fast at her East St. Louis home. Because of her age, her involve- thropology, and participated in the the cultures of the world to the comment with Haiti, and the respect ac- Rosenwald Fellowship. Under this pro- munity of East St. Louis, by naming corded her as an activist and artist, gram she completed work on Caribbean the post office on Missouri Avenue in Dunham became the center of a move- and Brazilian dance anthropology, the East St. Louis, the ‘‘Katherine ment that coalesced to protest the first time significant work was done in Dunham Post Office Building.’’ United States’ deportations of Haitian the field. In 1931, Dunham opened her Mr. DURBIN. Mr. President, post of- boat-refugees fleeing to the United first dance school, which would become fices are often designated in honor of States after the military overthrow of one of the most successful dance pro- individuals who have made valuable Haiti’s democratically-elected Presi- grams in American and European the- contributions to their Nation. Today, I dent Jean-Bertrand Aristide. She ater, and eventually led to her lead am pleased to honor Ms. Katherine Dunham, the world-renowned dancer, agreed to end her fast only after role in musicals, operas, and cabarets Aristide visited her and personally re- throughout the world. choreographer, teacher, and social activist, by cosponsoring legislation that quested her to stop. Dunham first appeared in London in Ms. Dunham is the recipient of many designates the U.S. Post Office at 950 June 1948 with her company in ‘‘Carib- coveted awards, including the Alvin Missouri Avenue in East St. Louis, IL, bean Rhapsody’’ as part of the first Ailey American Dance Theater Dance as the ‘‘Katherine Dunham Post Office tour to bring black dance as an art Pioneer Award, the National Medal of form, and American modern dance to Building.’’ Arts, Kennedy Center Honors, the Born in Chicago and raised in Joliet, the European public. After her return French Legion of Honor, the Southern IL, Ms. Dunham began dancing while in to the U.S., Dunham continued to Cross of Brazil, the Grand Cross of high school. She became one of the dance, choreograph and direct on Haiti, the NAACP Lifetime Achieve- first African Americans to attend the Broadway with her production, ‘‘Kath- ment Award, the Lincoln Academy University of Chicago and later earned arine Dunham and Her Company and Laureate, the Urban League’s Lifetime her bachelor’s and master’s degrees in Bamboche.’’ Achievement Award, and numerous anthropology. In 1938, Dunham was When ‘‘Aida’’ premiered in 1963, honorary degrees. She was also one of hired as dance director for Chicago’s Dunham became the first African 75 women whose lives were celebrated Federal Theatre Project, where her American to choreograph for the Met- in the book, ‘‘I Have a Dream’’. ropolitan Opera, further establishing fiery style would mark her work for I ask my colleagues to join me in her stature in the dance community. several decades. honoring Ms. Dunham’s humanitarian, Beginning in 1940, Dunham also ap- In the spring of 1938, Ms. Dunham artistic, and intellectual contributions peared in several films, including, formed her own company, the Dunham to the world of dance. She revolution- ‘‘Carnival of Rhythm’’, ‘‘Cabin in the Dance Company, and began to explore ized American dance and used her fame Sky’’, ‘‘Star Spangled Rhythm’’, the connection of Caribbean dance to to bring public attention to social in- ‘‘Stormy Weather’’, and ‘‘Casbah’’. its African roots. In 1940, the company justices at home and abroad. It is ap- Dunham also produced the choreog- traveled to New York and performed a propriate to express our appreciation raphy for ‘‘Pardon My Sarong’’. program titled ‘‘Tropics and Le Jazz to Katherine Dunham for her service to What’s more, Katherine Dunham’s Hot.’’ New York Times critic John the East St. Louis community and to legacy doesn’t stop on the dance stage. Martin said: ‘‘Her performance may the world by naming an East St. Louis She used her notoriety to focus the very well become a historic occasion.’’ post office in her honor. public’s attention to social injustices Dunham’s company undertook a na- around the world. At the age of 82, Ms. tional tour and performed on Broadway By Mr. REED (for himself, Mr. Dunham undertook a 47-day hunger and in Hollywood. In 1945, Dunham ROCKFELLER, Mr. KENNEDY, Mr. strike in 1993, which helped shift public opened the Katherine Dunham School BINGAMAN, and Mr. KERRY). awareness to the international rela- of Arts and Research in New York. S. 3758. A bill to establish certain re- tionship between America and Haiti, That same year, the company toured quirements relating to the continu- ultimately assisting in the return of Europe with a program called ‘‘Carib- ation of the Survey of Income and Pro- Haiti’s first democratically elected bean Rhapsody,’’ which was already a gram Participation; to the Committee President. success in the United States. It was the on Commerce, Science, and Transpor- In 1967, Dunham moved to East St. first time Europe had seen Black dance tation. Louis, where she helped open a per- as an art form and also the first time Mr. REED. Mr. President. I am joined forming arts training center and estab- that special elements of American by Mr. ROCKEFELLER, Mr. KENNEDY, Mr. lished a dance anthropology program modern dance appeared outside Amer- BINGAMAN, and Mr. KERRY in intro- at the innercity branch of southern Il- ica. In 1963, Dunham secured her place ducing important legislation regarding

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 27, 2006 CONGRESSIONAL RECORD — SENATE S8381 the Survey of Income and Program of Income and Program Participation or to (e) FUNCTIONS.— Participation, SIPP. This legislation is make any change in the design or content of (1) IN GENERAL.—It shall be the function of also being introduced in the other body the Survey of Income and Program Partici- the Commission to consider and act on any pation, he shall prepare a written proposal proposal relating to the Survey of Income by Mrs. MALONEY. under this subsection. Such proposal— and Program Participation (described in sec- The SIPP is the only large-scale lon- (1) shall include— tion 2(a)) in accordance with section 2(b). gitudinal survey that provides data for (A) a description of the specific actions (2) NONDELEGABLE FUNCTIONS.—The func- evaluating the effectiveness of pro- proposed to be taken; tions of the Director of the Office of Manage- grams like Social Security, Medicaid, (B) the date or schedule for their proposed ment and Budget under this Act shall be unemployment insurance, food stamps, implementation; and nondelegable. and Temporary Assistance for Needy (C) the reasons or justification for each (f) PROCEDURES.—The Commission shall Families, TANF. There is no other sur- proposed action; and meet at the call of the Chairman of the Com- (2) shall be submitted by the Secretary of mission. A majority of the members of the vey that provides the richness and de- Commerce to the SIPP Commission (estab- tail of the data that the SIPP collects. Commission who are eligible to vote shall lished by section 3) in such time, form, and constitute a quorum. All members except The survey provides essential informa- manner as the Commission may require. those under paragraphs (1) and (8), respec- tion on the extent to which programs (b) CONSIDERATION AND DECISION.—The tively, of subsection (b) shall be eligible to meet families’ basic needs and promote SIPP Commission shall promptly consider vote. any proposal received under subsection (a) upward mobility. (g) COMPENSATION.—Members of the Com- Unfortunately, the President, in his and, after appropriate deliberation, shall transmit its decision to approve or dis- mission shall serve as such without pay, but fiscal year 2007 budget, proposed the approve such proposal to the Secretary of shall be allowed travel expenses, including a elimination of the SIPP, followed by a Commerce in timely fashion. Any such deci- per diem allowance in lieu of subsistence, in redesign that would not be ready until sion shall be in writing and shall include a the same manner as persons serving inter- 2009 at the earliest. In the meantime, statement of reasons and justification. mittently in Government service are allowed travel expenses under section 5703 of title 5, there would be an irretrievable loss of SEC. 3. ESTABLISHMENT OF COMMISSION. United States Code. data. (a) IN GENERAL.—There is established a By eliminating the SIPP, we not only commission to be known as the ‘‘Commission SEC. 4. EFFECTIVE DATE. on the Survey of Income and Program Par- This Act shall take effect as of the date of abandon significant research invest- ticipation’’ (in this Act referred to as the ments by government and private re- the enactment of this Act or September 30, ‘‘SIPP Commission’’ or the ‘‘Commission’’). 2006, whichever is earlier. searchers but we would also lose the (b) COMPOSITION.—The Commission shall be ability to examine family outcomes composed of— By Mr. BURNS: over time. Without access to the (1) the Director of the Office of Manage- SIPP’s consistent time-series data, we ment and Budget, who shall serve ex officio; S. 3759. A bill to name the Armed will have to wait years, if not decades, (2) 1 member from the Department of Agri- Forces Readiness Center in Great culture, who shall be appointed by the Sec- Falls, Montana, in honor of Captain to understand the implications of cur- retary of Agriculture; rent policy decisions. Researchers and William Wylie Galt, a recipient of the (3) 1 member from the Department of Congressional Medal of Honor; to the policymakers would no longer have an Labor, who shall be appointed by the Sec- accurate dynamic picture of living retary of Labor; Committee on Armed Services. standards in America. (4) 1 member from the Department of En- Mr. BURNS. Mr. President, I rise It is important that we create a proc- ergy, who shall be appointed by the Sec- today to pay tribute to the Galt family ess to ensure that we do not lose valu- retary of Energy; from my home State of Montana. The able resources for assessing program ef- (5) 1 member from the Department of Galt family first came to Montana in Health and Human Services, who shall be ap- fectiveness and economic well-being. 1910 settling in Judith Basin County. pointed by the Secretary of Health and They have been leaders in their com- As such, our legislation would create a Human Services; SIPP Commission whose members (6) 1 member from the Social Security Ad- munities ever since. would be required to review any pro- ministration, who shall be appointed by the One member of the Galt family paid posals to change or eliminate the Commissioner of Social Security; the ultimate sacrifice for his country SIPP. This would allow for necessary (7) 1 member from the Bureau of the Cen- at the young age of 24. U.S. Army CPT input from users of the SIPP. The bill sus, who shall be appointed by the Secretary William Wylie Galt was awarded the would also prevent the administration of Commerce in consultation with the Direc- Medal of Honor posthumously for his tor of the Census; and brave actions in 1944. The Medal of from unilaterally discontinuing or (8) 2 members from the National Academy changing the survey. of Sciences, who shall be appointed by the Honor is the highest award for valor in Mr. President, this survey helps Con- Director of the Office of Management and action against an enemy force that can gress to make good policy choices and Budget from among individuals rec- be bestowed upon an individual serving to be good stewards of American tax ommended by the Council of the National in the armed services of the United dollars. Proposals to cut or eliminate Academy of Sciences. States. this survey need to be taken seriously All appointments to the Commission shall be Captain Galt’s citation reads: made from among social scientists and stat- and considered carefully. For conspicuous gallantry and intrepidity Mr. President, I ask unanimous con- isticians who have experience analyzing lon- gitudinal household data on economic well- above and beyond the call of duty. Capt. sent that the text of this bill be printed being and participation in government pro- Galt, Battalion S3, at a particularly critical in the RECORD. grams. period following 2 unsuccessful attacks by There being no objection, the text of (c) TERMS OF APPOINTEES.— his battalion, of his own volition went for- the bill was ordered to be printed in (1) IN GENERAL.—Except as provided in ward and ascertained just how critical the the RECORD, as follows: paragraph (2), each member who is appointed situation was. He volunteered, at the risk of Be it enacted by the Senate and House of Rep- to the Commission shall be appointed for a his life, personally to lead the battalion resentatives of the United States of America in term of 2 years. against the objective. When the lone remain- Congress assembled, (2) VACANCIES.— ing tank destroyer refused to go forward, Capt. Galt jumped on the tank destroyer and SECTION 1. RESTRICTIONS. (A) IN GENERAL.—Any member appointed to ordered it to precede the attack. As the tank The Secretary of Commerce may not— fill a vacancy occurring before the expira- destroyer moved forward, followed by a com- (1) discontinue the Survey of Income and tion of the term for which the member’s pany of riflemen, Capt. Galt manned the .30- Program Participation, predecessor was appointed shall be appointed caliber machinegun in the turret of the tank (2) make any change in the design or con- only for the remainder of that term. destroyer, located and directed fire on an tent of such Survey, or (B) SERVICE AFTER TERM ENDS.—A member enemy 77mm. anti-tank gun, and destroyed (3) allow any of the foregoing, may serve after the expiration of that member’s term until a successor has taken office. it. Nearing the enemy positions, Capt. Galt unless the discontinuation or change in- (C) MANNER OF APPOINTMENT.—A vacancy stood fully exposed in the turret, ceaselessly volved has first been approved in accordance among any of the appointed members shall firing his machinegun and tossing hand gre- with section 2. be filled in the manner in which the original nades into the enemy zigzag series of trench- SEC. 2. PROPOSED ACTIONS. appointment was made. es despite the hail of sniper and machinegun (a) IN GENERAL.—Whenever in the judg- (d) CHAIRMAN.—The Director of the Office bullets ricocheting off the tank destroyer. As ment of the Secretary of Commerce it be- of Management and Budget shall serve as the tank destroyer moved, Capt. Galt so ma- comes necessary to discontinue the Survey Chairman of the Commission. neuvered it that 40 of the enemy were

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8382 CONGRESSIONAL RECORD — SENATE July 27, 2006 trapped in one trench. When they refused to plan for Spelman (‘‘Spelman ALIVE’’) that serve National peripheral arterial disease surrender, Capt. Galt pressed the trigger of includes 5 goals: Academic excellence, Lead- Awareness Week: Now, therefore, be it the machinegun and dispatched every one of ership development, Improving the infra- Resolved, That the Senate— them. A few minutes later an 88mm shell structure, Visibility of accomplishments of (1) supports the goals and ideals of Na- struck the tank destroyer and Capt. Galt fell the campus community, and Exemplary cus- tional Peripheral Arterial Disease Awareness mortally wounded across his machinegun. He tomer service, all designed to create a vision Week; had personally killed 40 Germans and wound- for Spelman of ‘‘Nothing Less Than the (2) acknowledges the critical importance of ed many more. Capt. Galt pitted his judg- Best’’; and peripheral arterial disease awareness to im- ment and superb courage against over- Whereas Spelman College has prepared prove national cardiovascular health; whelming odds, exemplifying the highest more than 6 generations of African American (3) supports raising awareness of the con- measure of devotion to his country and the women to reach the highest levels of aca- sequences of undiagnosed and untreated pe- finest traditions of the U.S. Army. demic, community, and professional achieve- ripheral arterial disease and the need to seek In 2005, the Base Realignment and ment: Now, therefore, be it appropriate care as a serious public health Closure Commission, BRAC, decided to Resolved, That the Senate— issue; and permanently close Galt Hall U.S. Army (1) congratulates Spelman College on 125th (4) calls upon the people of the United Reserve Center on Gore Hill in Great anniversary; and States to observe the week with appropriate Falls, MT, and relocate units to a new (2) commends the President of Spelman programs and activities. College, Dr. Beverly Daniel Tatum, and the Armed Forces Readiness Center near administration, faculty, staff, students, and f Malmstrom Air Force Base across alumnae of the College for their outstanding town. The U.S. Army Reserve Center achievements and contribution to African SENATE RESOLUTION 543—TEMPO- on Gore Hill was dedicated to Captain American education, history, and culture. RARILY SUSPENDING THE Galt in 1958. RULES FOR THE REGULATION I believe it is a fitting tribute to f OF THE SENATE WING OF THE name the U.S. Armed Forces Readiness SENATE RESOLUTION 542—SUP- UNITED STATES CAPITOL AND Center in Great Falls, MT, ‘‘The Cap- PORTING THE GOALS AND IDEAS SENATE OFFICE BUILDINGS FOR tain William Wylie Galt Great Falls OF NATIONAL PERIPHERAL AR- THE PURPOSE OF PERMITTING Armed Forces Readiness Center’’ to TERIAL DISEASE AWARENESS THE TAKING OF PHOTOGRAPHS carry on the history of this brave Mon- WEEK IN THE AREA OF THE DAILY tanan. PRESS GALLERY Captain Galt may be gone, but with Mr. CRAPO (for himself, Mr. DORGAN) Mr. LOTT submitted the following the naming of the Armed Forces Readi- submitted the following resolution, resolution, which was considered and ness Center in Great Falls after him, which was referred to the Committee agreed to: the memory of this true hero will live on Health, Education, Labor, and Pen- on and remind us that freedom is never sions: S. RES. 543 free. S. RES. 542 Resolved, That— (1) paragraph 1 of rule IV of the Rules for f Whereas peripheral arterial disease is a vascular disease that occurs when narrowed the Regulation of the Senate Wing of the SUBMITTED RESOLUTIONS arteries reduce the blood flow to the limbs; United States Capitol and Senate Office Whereas peripheral arterial disease is a Buildings (prohibiting the taking of pictures significant vascular disease that can be as in the Senate Chamber) shall be temporarily SENATE RESOLUTION 541—CON- serious as a heart attack or stroke; suspended for the purpose of permitting the GRATULATING SPELMAN COL- Whereas peripheral arterial disease affects taking of photographs in the area of the LEGE ON ITS 125TH ANNIVER- approximately 8,000,000 to 12,000,000 Ameri- Daily Press Gallery; SARY cans; (2) photographs permitted under paragraph Whereas patients with peripheral arterial (1) may only be taken at a time when the Mr. ISAKSON (for himself, Mr. CHAM- disease are at increased risk of heart attack Senate is in recess; BLISS, and Mr. ROCKEFELLER) sub- and stroke and are 6 times more likely to die (3) photographs permitted to be taken mitted the following resolution, which within 10 years than are patients without pe- under paragraph (1) may only be used in rela- was considered and agreed to: ripheral arterial disease; tion to United States District Court Civil Whereas, in 1881, Spelman College was es- Whereas the survival rate for individuals Action No. 04-0026; and tablished by Sophia B. Packard and Harriet with peripheral arterial disease is worse than (4) the Sergeant at Arms of the Senate is E. Giles, school teachers and Baptist mis- the outcome for many common cancers; authorized and directed to make the nec- sionaries, in Atlanta, Georgia, for the pur- Whereas peripheral arterial disease is a essary arrangements for implementation of pose of educating African-American women leading cause of lower limb amputation in paragraph (1), which arrangements shall pro- and girls; the United States; vide that there will be no disruption to the Whereas as a result of the benevolence of Whereas many patients with peripheral ar- business of the Senate. John D. Rockefeller, Sr., and Laura Spelman terial disease have walking impairment that f Rockefeller, the name of the institution was leads to a diminished quality of life and changed from ‘‘Atlanta Baptist Female Sem- functional capacity; AMENDMENTS SUBMITTED AND inary’’ to ‘‘Spelman Seminary’’ in honor of Whereas a majority of patients with pe- PROPOSED the Spelman family; ripheral arterial disease are asymptomatic Whereas the curriculum expanded to in- and less than half of individuals with periph- SA 4712. Mr. COLEMAN (for himself and clude high school and college classes, and the eral arterial disease are aware of their diag- Mr. TALENT) submitted an amendment in- seminary conferred its first high school di- noses; tended to be proposed by him to the bill S. plomas in 1887, and its first college degrees Whereas African-American ethnicity is a 3711, to enhance the energy independence and in 1901; strong and independent risk factor for pe- security of the United States by providing Whereas in 1924, Spelman Seminary offi- ripheral arterial disease, and yet this fact is for exploration, development, and production cially became Spelman College and grew to not well known to those at risk; activities for mineral resources in the Gulf become a leading undergraduate institution Whereas effective treatments are available of Mexico, and for other purposes; which was for African-American women; for people with peripheral arterial disease to ordered to lie on the table. Whereas Spelman College was ranked reduce heart attacks, strokes, and amputa- SA 4713. Mr. FRIST proposed an amend- among the top 75 Best Liberal Arts Colleges tions and to improve quality of life; ment to the bill S. 3711, supra. according to U.S. News & World Report, 2005 Whereas many patients with peripheral ar- SA 4714. Mr. FRIST proposed an amend- edition; terial disease are still untreated with proven ment to amendment SA 4713 proposed by Mr. Whereas the Association of Medical Col- therapies; FRIST to the bill S. 3711, supra. leges ranks Spelman College fifth among un- Whereas there is a need for comprehensive SA 4715. Mr. LAUTENBERG (for himself, dergraduate programs for African-American educational efforts designed to increase Mr. MENENDEZ, and Mr. LIEBERMAN) sub- students accepted to medical school, and awareness of peripheral arterial disease mitted an amendment intended to be pro- Spelman is 1 of 6 institutions designated by among medical professionals and the greater posed by him to the bill S. 3711, supra; which the National Science Foundation and the Na- public in order to promote early detection was ordered to lie on the table. tional Aeronautics and Space Administra- and proper treatment of this disease to im- SA 4716. Mr. LAUTENBERG (for himself, tion as a Model Institution for Excellence in prove quality of life, prevent heart attacks Mr. MENENDEZ, and Mr. LIEBERMAN) sub- undergraduate science and math education; and strokes, and save lives and limbs; and mitted an amendment intended to be pro- Whereas Spelman’s ninth President, Bev- Whereas September 18 through September posed by him to the bill S. 3711, supra; which erly Daniel Tatum, has initiated a strategic 22, 2006, would be an appropriate week to ob- was ordered to lie on the table.

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SA 4717. Mr. LAUTENBERG (for himself, to the bill S. 3711, supra; which was ordered ‘‘(2) ESTABLISHMENT OF GRANT PROGRAM.— Mr. MENENDEZ, and Mr. LIEBERMAN) sub- to lie on the table. ‘‘(A) IN GENERAL.—The Secretary of Energy mitted an amendment intended to be pro- SA 4736. Mr. BIDEN submitted an amend- shall obligate such sums as are available in posed by him to the bill S. 3711, supra; which ment intended to be proposed to amendment the Trust Fund to establish a grant program was ordered to lie on the table. SA 4713 proposed by Mr. FRIST to the bill S. to increase the number of locations at which SA 4718. Mr. LAUTENBERG (for himself 3711, supra; which was ordered to lie on the consumers may purchase alternative trans- and Mr. MENENDEZ) submitted an amend- table. portation fuels. ment intended to be proposed by him to the SA 4737. Mr. DAYTON submitted an ‘‘(B) ALLOCATION TO CORPORATE AND NON- bill S. 3711, supra; which was ordered to lie amendment intended to be proposed by him PROFIT ENTITIES.—The Secretary shall allo- on the table. to the bill S. 3711, supra; which was ordered cate such sums from the Trust Fund as the SA 4719. Mr. BINGAMAN submitted an to lie on the table. amendment intended to be proposed by him SA 4738. Mr. KYL (for himself and Mr. Secretary considers appropriate to corpora- to the bill S. 3711, supra; which was ordered DEWINE) submitted an amendment intended tions (including nonprofit corporations) with to lie on the table. to be proposed by him to the bill S. 3711, demonstrated experience in the administra- SA 4720. Mr. MENENDEZ (for himself, Ms. supra; which was ordered to lie on the table. tion of grant funding. Corporations shall use CANTWELL, Mr. LIEBERMAN, and Mr. LAUTEN- f funds received under this paragraph to award BERG) submitted an amendment intended to grants to owners and operators of fueling be proposed by him to the bill S. 3711, supra; TEXT OF AMENDMENTS stations for the purpose of developing alter- which was ordered to lie on the table. SA 4712. Mr. COLEMAN (for himself native fueling infrastructure for specific SA 4721. Mr. MENENDEZ (for himself, Ms. and Mr. TALENT) submitted an amend- types of alternative fuels that can be used in SNOWE, Mrs. FEINSTEIN, Ms. COLLINS, Mr. ment intended to be proposed by him at least 50,000 vehicles produced in the LAUTENBERG, Mrs. BOXER, Mr. REED, Mr. to the bill S. 3711, to enhance the en- United States in the prior vehicle production NELSON, of Florida, Mr. LIEBERMAN, Ms. year. ergy independence and security of the CANTWELL, Mr. KERRY, Mr. SARBANES, Mr. ‘‘(C) CONSIDERATIONS.—In making alloca- DODD, Mr. KENNEDY, and Mr. BIDEN) sub- United States by providing for explo- tions under subparagraph (A), the Secretary mitted an amendment intended to be pro- ration, development, and production shall— posed by him to the bill S. 3711, supra; which activities for mineral resources in the ‘‘(i) give priority to recognized nonprofit was ordered to lie on the table. Gulf of Mexico, and for other purposes; corporations that have proven experience SA 4722. Mr. MENENDEZ (for himself, Mr. which was ordered to lie on the table; and demonstrated technical expertise in the LIEBERMAN, Mr. LAUTENBERG, and Ms. CANT- as follows: establishment of alternative fueling infra- WELL) submitted an amendment intended to structure; be proposed by him to the bill S. 3711, supra; On page 18, after line 17, add the following: ‘‘(ii) consider the number of vehicles pro- which was ordered to lie on the table. SEC. 6. ENERGY SECURITY. SA 4723. Mr. MENENDEZ (for himself, Mr. (a) SHORT TITLE.—This section may be duced for sale in the preceding production LIEBERMAN, Ms. CANTWELL, and Mr. LAUTEN- cited as the ‘‘Transforming Energy Now Act year capable of using each specific type of al- BERG) submitted an amendment intended to of 2006’’. ternative fuel; and be proposed by him to the bill S. 3711, supra; (b) TAX CREDITS.— ‘‘(iii) identify 1 primary group per alter- which was ordered to lie on the table. (1) INCREASE IN ALTERNATIVE FUEL VEHICLE native fuel. SA 4724. Mr. MENENDEZ (for himself, Mr. REFUELING PROPERTY CREDIT.—Section 30C(a) ‘‘(D) MATCHING REQUIREMENT.—The Sec- LAUTENBERG, Mr. LIEBERMAN, and Ms. CANT- of the Internal Revenue Code of 1986 is retary may not allocate funds to a corpora- WELL) submitted an amendment intended to amended by striking ‘‘30 percent’’ and insert- tion under this paragraph unless such cor- be proposed by him to the bill S. 3711, supra; ing ‘‘50 percent’’. poration agrees to provide $1 of non-Federal which was ordered to lie on the table. (2) AMT RELIEF.— contributions for every $3 of Federal funding SA 4725. Mr. MENENDEZ (for himself, Mr. (A) PERSONAL CREDIT.—Paragraph (2) of received under this paragraph. LAUTENBERG, Ms. CANTWELL, and Mr. LIEBER- section 30C(d) of the Internal Revenue Code ‘‘(E) LIMITATION ON ADMINISTRATIVE EX- MAN) submitted an amendment intended to of 1986 is amended by striking ‘‘the excess (if PENSES.—A corporation may not expend be proposed by him to the bill S. 3711, supra; any) of’’ and all that follows and inserting more than 5 percent of the total allocation which was ordered to lie on the table. ‘‘the excess of— provided under this paragraph on adminis- ‘‘(A) the sum of the regular tax liability SA 4726. Mr. MENENDEZ (for himself, Ms. trative expenses. (as defined under section 26(b)) plus the tax CANTWELL, Mr. LAUTENBERG, and Mr. LIEBER- ‘‘(F) TECHNICAL AND MARKETING ASSIST- imposed by section 55, over MAN) submitted an amendment intended to ANCE.—Corporations receiving an allocation be proposed by him to the bill S. 3711, supra; ‘‘(B) the sum of the credits allowable under subpart A and sections 27, 30, and 30B.’’. under subparagraph (A) shall provide grant which was ordered to lie on the table. recipients under paragraph (3) with technical SA 4727. Mrs. BOXER submitted an amend- (B) BUSINESS CREDIT AMOUNT.—Subpara- and marketing assistance, including— ment intended to be proposed by her to the graph (B) of section 38(c)(4) of the Internal ‘‘(i) technical advice for compliance with bill S. 3711, supra; which was ordered to lie Revenue Code of 1986 is amended— on the table. (i) in clause (i), by striking ‘‘and’’ at the applicable Federal and State environmental SA 4728. Mrs. BOXER (for herself and Mrs. end; requirements; FEINSTEIN) submitted an amendment in- (ii) in clause (ii)(II), by striking the period ‘‘(ii) assistance in identifying alternative tended to be proposed by her to the bill S. at the end and inserting ‘‘, and’’; and fuel supply sources; and 3711, supra; which was ordered to lie on the (iii) by adding at the end the following: ‘‘(iii) point of sale and labeling materials. table. ‘‘(iii) the portion of the credit under sec- ‘‘(3) ADMINISTRATION OF GRANTS.— SA 4729. Mrs. BOXER submitted an amend- tion 30C which is treated as a credit under ‘‘(A) DIRECT GRANTS TO FUEL STATION OWN- ment intended to be proposed by her to the this section by reason of section 30C(d)(1).’’. ERS AND OPERATORS.—The Secretary of En- bill S. 3711, supra; which was ordered to lie (3) EFFECTIVE DATE.—The amendments ergy shall award grants directly to owners on the table. made by this subsection shall apply to prop- and operators of fueling stations for the pur- SA 4730. Mrs. CLINTON submitted an erty placed in service after December 31, pose of installing alternative fuel infrastruc- amendment intended to be proposed by her 2005, in taxable years ending after such date. ture for specific types of alternative fuels to the bill S. 3711, supra; which was ordered (c) USE OF CAFE PENALTIES TO BUILD AL- that can be used in fewer that 50,000 vehicles to lie on the table. TERNATIVE FUELING INFRASTRUCTURE.—Sec- produced in the United States in the prior SA 4731. Mrs. CLINTON submitted an tion 32912 of title 49, United States Code, is vehicle production year. amendment intended to be proposed by her amended by adding at the end the following: ‘‘(B) GRANT RECIPIENT.—Corporations re- ‘‘(e) ALTERNATIVE FUELING INFRASTRUC- to the bill S. 3711, supra; which was ordered ceiving an allocation under paragraph (2), TURE GRANT PROGRAM.— to lie on the table. and the Secretary of Energy under subpara- ‘‘(1) TRUST FUND.— SA 4732. Mrs. CLINTON submitted an graph (A), shall award grants to owners and amendment intended to be proposed by her ‘‘(A) ESTABLISHMENT.—There is established operators of fueling stations in an amount to the bill S. 3711, supra; which was ordered in the Treasury of the United States a trust not greater than— to lie on the table. fund, to be known as the Alternative Fueling SA 4733. Mrs. CLINTON submitted an Infrastructure Trust Fund (referred to in ‘‘(i) $150,000 per site; or amendment intended to be proposed by her this subsection as the ‘Trust Fund’), con- ‘‘(ii) $500,000 per entity. to the bill S. 3711, supra; which was ordered sisting of such amounts as are deposited into ‘‘(C) SELECTION.—Grant recipients under to lie on the table. the Trust Fund under subparagraph (B) and this paragraph shall be selected on a formal, SA 4734. Mr. LAUTENBERG submitted an any interest earned on investment of open, and competitive basis, based on— amendment intended to be proposed by him amounts in the Trust Fund. ‘‘(i) the public demand for each alternative to the bill S. 3711, supra; which was ordered ‘‘(B) TRANSFERS OF CIVIL PENALTIES.—The fuel in a particular county based on state to lie on the table. Secretary of Transportation shall remit 90 registration records showing the number of SA 4735. Mr. LAUTENBERG submitted an percent of the amount collected in civil pen- vehicles that can be operated with alter- amendment intended to be proposed by him alties under this section to the Trust Fund. native fuel; and

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‘‘(ii) the opportunity to create or expand (1) PURPOSES OF LOANS.—Section 312(a) of At the end, add the following: corridors of alternative fuel stations along the Consolidated Farm and Rural Develop- SEC. 6. STATE APPROVAL. interstate or State highways. ment Act (7 U.S.C. 1942(a)) is amended— Notwithstanding any other provision of ‘‘(D) USE OF FUNDS.—Grant funds received (A) in paragraph (9)(B)(ii), by striking ‘‘or’’ this Act, the Secretary shall not approve off- under this paragraph may be used to— at the end; shore oil or natural gas preleasing, leasing, ‘‘(i) construct new facilities to dispense al- (B) in paragraph (10), by striking the pe- exploration, or drilling activities in waters ternative fuels; riod at the end and inserting ‘‘; or’’; and that are located in the Mid-Atlantic plan- ‘‘(ii) purchase equipment to upgrade, ex- (C) by adding at the end the following: ning area, North Atlantic planning area, pand, or otherwise improve existing alter- ‘‘(11) building infrastructure, including South Atlantic planning area, Straits of native fuel facilities; or pump stations, for the retail delivery to con- Florida planning area, Washington/Oregon ‘‘(iii) purchase equipment or pay for spe- sumers of any fuel that contains not less planning area, Northern California planning cific turnkey fueling services by alternative than 85 percent ethanol, by volume.’’. area, Central California planning area, or fuel providers. (2) PROGRAM.—Subtitle B of the Consoli- Southern California planning area without ‘‘(E) MATCHING REQUIREMENT.—A recipient dated Farm and Rural Development Act (7 the written approval of the Governor of each of a grant under this paragraph shall agree U.S.C. 1941 et seq.) is amended by adding at coastal State located within 200 miles of the to provide $1 of non-Federal contributions the end the following: State that has approved, or has requested for every $1 of grant funds received under ‘‘SEC. 320. LOW-INTEREST LOAN AND GRANT PRO- the Secretary to approve, the oil or natural this paragraph. GRAM FOR RETAIL DELIVERY OF E- gas preleasing, leasing, exploration, or drill- ‘‘(F) LIMITATION ON ADMINISTRATIVE EX- 85 FUEL. ing activities. PENSES.—A grant recipient may not expend ‘‘(a) IN GENERAL.—The Secretary shall es- more than 3 percent of any grant provided tablish a low-interest loan and grant pro- under this paragraph on administrative ex- gram to assist farmer-owned ethanol pro- SA 4716. Mr. LAUTENBERG (for him- penses. ducers (including cooperatives and limited self, Mr. MENENDEZ, and Mr. LIEBER- ‘‘(4) OPERATION OF ALTERNATIVE FUEL STA- liability corporations) to develop and build MAN) submitted an amendment in- TIONS.—Facilities constructed or upgraded infrastructure, including pump stations, that tended to be proposed by him to the with grant funds received under this sub- is directly related to the retail delivery to bill S. 3711, to enhance the energy inde- section shall— consumers of any fuel that contains not less pendence and security of the United ‘‘(A) provide alternative fuel available to than 85 percent ethanol, by volume. the public for a period of not less than 4 States by providing for exploration, de- ‘‘(b) LOAN TERMS.— velopment, and production activities years; ‘‘(1) AMORTIZATION.—The repayment of a ‘‘(B) establish a marketing plan to advance loan received under this section shall be am- for mineral resources in the Gulf of the sale and use of alternative fuels; ortized over the expected life of the infra- Mexico, and for other purposes; which ‘‘(C) prominently display the price of alter- structure project that is being financed with was ordered to lie on the table; as fol- native fuel on the marquee and in the sta- the proceeds of the loan. lows: tion; ‘‘(2) INTEREST RATE.—The annual interest At the end, add the following: ‘‘(D) provide point of sale materials on al- rate of a loan received under this section SEC. 6. REMEDIATION OF OIL AND GAS SPILLS. ternative fuel; shall be fixed at not more than 5 percent. (a) IN GENERAL.—Notwithstanding any ‘‘(E) clearly label the dispenser with con- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— other provision of this Act, for any spill that sistent materials; There are authorized to be appropriated such occurs as a result of exploration or drilling ‘‘(F) price the alternative fuel at the same sums as are necessary to carry out this sec- in waters in, or the transport of oil or gas margin that is received for unleaded gaso- tion.’’. from, the Mid-Atlantic planning area, North line; and (3) REGULATIONS.—As soon as practicable Atlantic planning area, South Atlantic plan- ‘‘(G) support and use all available tax in- after the date of the enactment of this Act, ning area, Straits of Florida planning area, centives to reduce the cost of the alternative the Secretary of Agriculture shall promul- Washington/Oregon planning area, Northern fuel to the lowest possible retail price. gate such regulations as are necessary to California planning area, Central California ‘‘(5) NOTIFICATION REQUIREMENTS.— carry out the amendments made by this sub- planning area, Southern California planning ‘‘(A) OPENING.—Not later than the date on section. which each alternative fuel station begins to area, or any other area seaward of any coast- offer alternative fuel to the public, the grant SA 4713. Mr. FRIST proposed an al State adjacent to those planning areas— (1) 50 percent of the economic damages and recipient that used grant funds to construct amendment to the bill S. 3711, to en- such station shall notify the Secretary of environmental restoration costs for any Energy of such opening. The Secretary of hance the energy independence and se- State affected by the spill (including injury Energy shall add each new alternative fuel curity of the United States by pro- to the environment or natural resources of station to the alternative fuel station loca- viding for exploration, development, the United States (including the environ- tor on its Website when it receives notifica- and production activities for mineral ment or natural resources of a national mation under this subparagraph. resources in the Gulf of Mexico, and for rine sanctuary, national estuarine research ‘‘(B) SEMI-ANNUAL REPORT.—Not later than other purposes; as follows: reserve, or national wildlife refuge) or of the 6 months after the receipt of a grant award coastal State) and any costs of removal and At the end insert the following: remediation associated with the spill, shall under this subsection, and every 6 months The effective date shall be 2 days after the be paid by the 1 or more companies respon- thereafter, each grant recipient shall submit date of enactment. a report to the Secretary of Energy that de- sible for the exploration, drilling, or trans- scribes— SA 4714. Mr. FRIST proposed an port; and (2) 50 percent of the economic damages and ‘‘(i) the status of each alternative fuel sta- amendment to amendment SA 4713 pro- tion constructed with grant funds received environmental restoration costs for any under this subsection; posed by Mr. FRIST to the bill S. 3711, State affected by the spill shall be paid by ‘‘(ii) the amount of alternative fuel dis- to enhance the energy independence the State that approved the preleasing, leas- pensed at each station during the preceding and security of the United States by ing, exploration, or drilling activities off of 6-month period; and providing for exploration, develop- the coast of the State. ‘‘(iii) the average price per gallon of the al- ment, and production activities for (b) LIABILITY.—The 1 or more companies ternative fuel sold at each station during the mineral resources in the Gulf of Mex- and any State responsible for the applicable preceding 6-month period. ico, and for other purposes; as follows: activity or the approval of the applicable ac- ‘‘(6) ALTERNATIVE FUEL DEFINED.—For the tivity under paragraph (1) and (2) of sub- On line 1, strike ‘‘2 days’’ and insert ‘‘1 purposes of this subsection, the term ‘alter- section (a), respectively, shall be strictly lia- day’’. native fuel’ means— ble for any injuries, damages, and removal, remediation, and restoration costs from the ‘‘(A) any fuel of which at least 85 percent Mr. LAUTENBERG (for him- (or such percentage, but not less than 70 per- SA 4715. spill. cent, as determined by the Secretary, by self, Mr. MENENDEZ, and Mr. LIEBER- (c) REIMBURSEMENT OF FEDERAL EX- rule, to provide for requirements relating to MAN) submitted an amendment in- PENSES.—The 1 or more companies and any cold start, safety, or vehicle functions) of the tended to be proposed by him to the State responsible for the applicable activity volume consists of ethanol, natural gas, bill S. 3711, to enhance the energy inde- or the approval of the applicable activity compressed natural gas, liquefied natural pendence and security of the United under paragraph (1) and (2) of subsection (a), gas, liquefied petroleum gas, or hydrogen; or States by providing for exploration, de- respectively, shall reimburse the United ‘‘(B) any mixture of biodiesel and diesel velopment, and production activities States for any Federal funds expended to restore or remove the oil or gas, including fuel determined without regard to any use of for mineral resources in the Gulf of kerosene that contains at least 20 percent funds made available— biodiesel.’’. Mexico, and for other purposes; which (1) from the Oil Spill Liability Trust Fund (d) LOW–INTEREST LOAN AND GRANT PRO- was ordered to lie on the table; as fol- established by section 9509 of the Internal GRAM FOR RETAIL DELIVERY OF E–85 FUEL.— lows: Revenue Code of 1986;

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 27, 2006 CONGRESSIONAL RECORD — SENATE S8385 (2) from the land and water conservation exploration, development, and produc- an amendment intended to be proposed fund established under section 2 of the Land tion activities for mineral resources in by him to the bill S. 3711, to enhance and Water Conservation Fund Act of 1965 (16 the Gulf of Mexico, and for other pur- the energy independence and security U.S.C. 460l–5); and poses; which was ordered to lie on the of the United States by providing for (3) under the Coastal Zone Management exploration, development, and produc- Act of 1972 (16 U.S.C. 1451 et seq.). table; as follows: Strike all after the enacting clause and in- tion activities for mineral resources in the Gulf of Mexico, and for other pur- SA 4717. Mr. LAUTENBERG (for him- sert the following: poses; which was ordered to lie on the self, Mr. MENENDEZ, and Mr. LIEBER- SECTION 1. OFFSHORE OIL AND GAS LEASING IN 181 AREA AND 181 SOUTH AREA OF table; as follows: MAN) submitted an amendment in- GULF OF MEXICO. At the end, add the following: tended to be proposed by him to the (a) DEFINITIONS.—In this section: SEC. 6. FEDERAL REQUIREMENT TO PURCHASE bill S. 3711, to enhance the energy inde- (1) 181 AREA.—The term ‘‘181 Area’’ means ELECTRICITY GENERATED BY RE- pendence and security of the United the area identified in map 15, page 58, of the NEWABLE ENERGY. States by providing for exploration, de- Proposed Final Outer Continental Shelf Oil Section 203 of the Energy Policy Act of velopment, and production activities and Gas Leasing Program for 1997–2002 of the 2005 (42 U.S.C. 15852) is amended by striking for mineral resources in the Gulf of Minerals Management Service. subsection (a) and inserting the following: (2) 181 SOUTH AREA.—The term ‘‘181 South ‘‘(a) REQUIREMENT.—The President, acting Mexico, and for other purposes; which Area’’ means any area— through the Secretary, shall ensure that, of was ordered to lie on the table; as fol- (A) located— the total quantity of electric energy the Fed- lows: (i) south of the 181 Area; eral Government consumes during any fiscal At the end, add the following: (ii) west of the Military Mission Line; and year, the following amounts shall be renew- SEC. 6. APPROVAL OF ATLANTIC STATES MARINE (iii) in the Central Gulf of Mexico Planning able energy: FISHERIES COMMISSION AND PA- Area of the outer Continental Shelf, as des- ‘‘(1) Not less than 5 percent in each of fis- CIFIC FISHERY MANAGEMENT COUN- ignated in the document entitled ‘‘Draft Pro- cal years 2008 and 2009. CIL. posed Program Outer Continental Shelf Oil ‘‘(2) Not less than 7.5 percent in each of fis- (a) ATLANTIC STATES MARINE FISHERIES and Gas Leasing Program 2007–2012’’, dated cal years 2010 through 2012. COMMISSION.—Notwithstanding any other February 2006; ‘‘(3) Not less than 10 percent in fiscal years provision of this Act, the Secretary shall not (B) excluded from the Proposed Final 2013 and each fiscal year thereafter.’’. approve offshore oil or natural gas Outer Continental Shelf Oil and Gas Leasing preleasing, leasing, exploration, or drilling Program for 1997–2002, dated August 1996, of SA 4721. Mr. MENENDEZ (for him- activities in waters that are located in the the Minerals Management Service; and self, Ms. SNOWE, Mrs. FEINSTEIN, Ms. Mid-Atlantic planning area, North Atlantic (C) included in the areas considered for oil COLLINS, Mr. LAUTENBERG, Mrs. BOXER, planning area, South Atlantic planning area, and gas leasing, as identified in map 8, page Mr. REED, Mr. NELSON of Florida, Mr. Straits of Florida planning area, or any 37 of the document entitled ‘‘Draft Proposed LIEBERMAN, Ms. CANTWELL, Mr. KERRY, other area seaward of any coastal State adja- Program Outer Continental Shelf Oil and Mr. SARBANES, Mr. DODD, Mr. KENNEDY, cent to the planning areas without a unani- Gas Leasing Program 2007–2012’’, dated Feb- and Mr. BIDEN) submitted an amend- mous vote of approval of the proposed activi- ruary 2006. ment intended to be proposed by him ties by the Atlantic States Marine Fisheries (3) MILITARY MISSION LINE.—The term Commission. ‘‘Military Mission Line’’ means the north- to the bill S. 3711, to enhance the en- (b) PACIFIC FISHERY MANAGEMENT COUN- south line at 86°41′ W. longitude. ergy independence and security of the CIL.—Notwithstanding any other provision of (4) SECRETARY.—The term ‘‘Secretary’’ United States by providing for explo- this Act, the Secretary shall not approve off- means the Secretary of the Interior, acting ration, development, and production shore oil or natural gas preleasing, leasing, through the Minerals Management Service. activities for mineral resources in the exploration, or drilling activities in the (b) 181 AREA LEASE SALE.—Except as other- Gulf of Mexico, and for other purposes; Washington/Oregon planning area, Northern wise provided in this section, the Secretary which was ordered to lie on the table; California planning area, Central California shall offer the 181 Area for oil and gas leas- as follows: planning area, Southern California planning ing pursuant to the Outer Continental Shelf area, or any other area seaward of any coast- Lands Act (43 U.S.C. 1331 et seq.) as soon as On page 9, line 5, strike ‘‘or’’. On page 9, line 17, strike the period at the al State adjacent to the planning areas with- practicable, but not later than 1 year, after out a unanimous vote of approval of the pro- end and insert a semicolon. the date of enactment of this Act. On page 9, between lines 17 and 18, insert posed activities by the Pacific Fishery Man- (c) 181 SOUTH AREA LEASE SALE.—The Sec- the following: agement Council. retary shall offer the 181 South Area for oil (4) any area in the Mid-Atlantic planning and gas leasing pursuant to the Outer Conti- area; SA 4718. Mr. LAUTENBERG (for him- nental Shelf Lands Act (43 U.S.C. 1331 et (5) any area in the North Atlantic planning self and Mr. MENENDEZ) submitted an seq.) as soon as practicable after the date of area; amendment intended to be proposed by enactment of this Act. (6) any area in the South Atlantic planning him to the bill S. 3711, to enhance the (d) EXCLUDED AREAS.—In carrying out this area; section, the Secretary shall not offer for oil (7) any area in the Straits of Florida plan- energy independence and security of and gas leasing— the United States by providing for ex- ning area; (1) any area east of the Military Mission (8) any area in the Washington/Oregon ploration, development, and production Line, unless the Secretary of Defense agrees planning area; activities for mineral resources in the in writing before the area is offered for lease (9) any area in the Northern California Gulf of Mexico, and for other purposes; that the area can be developed in a manner planning area; which was ordered to lie on the table; that will not interfere with military activi- (10) any area in the Central California as follows: ties; or planning area; or (2) any area that is within 100 miles of the At the end, add the following: (11) any area in the Southern California coastline of the State of Florida. planning area. SEC. 6. APPROVAL OF MID-ATLANTIC FISHERY (e) LEASING PROGRAM.—The 181 Area and MANAGEMENT COUNCIL. 181 South Area shall be offered for lease SA 4722. Mr. MENENDEZ (for him- Notwithstanding any other provision of under this section notwithstanding the omis- self, Mr. LIEBERMAN, Mr. LAUTENBERG, this Act, the Secretary shall not approve off- sion of the 181 Area or the 181 South Area and Ms. CANTWELL) submitted an shore oil or natural gas preleasing, leasing, from any outer Continental Shelf leasing exploration, or drilling activities in the Mid- program under section 18 of the Outer Conti- amendment intended to be proposed by Atlantic planning area, the South Atlantic nental Shelf Lands Act (43 U.S.C. 1344). him to the bill S. 3711, to enhance the planning area, or any other area seaward of (f) CONFORMING AMENDMENT.—Section 105 energy independence and security of any coastal State adjacent to the Mid-Atlan- of the Department of the Interior, Environ- the United States by providing for ex- tic or South Atlantic planning areas, with- ment, and Related Agencies Appropriations ploration, development, and production out receiving a unanimous vote of approval Act, 2006 (Public Law 109–54; 119 Stat. 522) is activities for mineral resources in the of the proposed activities by the Mid-Atlan- amended by inserting ‘‘(other than the 181 Gulf of Mexico, and for other purposes; tic Fishery Management Council. South Area (as defined in section 2 of the which was ordered to lie on the table; Gulf of Mexico Energy Security Act of as follows: SA 4719. Mr. BINGAMAN submitted 2006))’’ after ‘‘lands located outside Sale 181’’. an amendment intended to be proposed At the end, add the following: SEC. 6. FEDERAL FLEET CONSERVATION RE- by him to the bill S. 3711, to enhance SA 4720. Mr. MENENDEZ (for him- QUIREMENTS. the energy independence and security self, Ms. CANTWELL, and Mr. LIEBER- (a) IN GENERAL.—Part J of title IV of the of the United States by providing for MAN, and Mr. LAUTENBERG) submitted Energy Policy and Conservation Act (42

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8386 CONGRESSIONAL RECORD — SENATE July 27, 2006 U.S.C. 6374 et seq.) is amended by adding at develop a policy to reduce the incidence of and incentives under this section, the Sec- the end the following: school bus idling at schools while picking up retary shall establish a TODC research and ‘‘SEC. 400FF. FEDERAL FLEET CONSERVATION and unloading students. development program to conduct research on REQUIREMENTS. (b) AUTHORIZATION OF APPROPRIATIONS.— the best practices and performance criteria ‘‘(a) MANDATORY REDUCTION IN PETROLEUM There are authorized to be appropriated to for TODCs. CONSUMPTION.— the Secretary of Energy, working in coordi- (d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—The Secretary shall issue nation with the Secretary of Education, There is authorized to be appropriated to regulations for Federal fleets subject to sec- $5,000,000 for each of fiscal years 2007 through carry out this section $50,000,000 for each of tion 400AA requiring that not later than Oc- 2012 for use in educating States and local fiscal years 2007 through 2012. tober 1, 2009, each Federal agency achieve at education agencies about— (1) benefits of reducing school bus idling; least a 20 percent reduction in petroleum SA 4725. Mr. MENENDEZ (for him- consumption, as calculated from the baseline and self, Mr. LAUTENBERG, Ms. CANTWELL, established by the Secretary for fiscal year (2) ways in which school bus idling may be 1999. reduced. and Mr. LIEBERMAN) submitted an ‘‘(2) PLAN.— amendment intended to be proposed by Mr. MENENDEZ (for him- ‘‘(A) REQUIREMENT.—The regulations shall SA 4724. him to the bill S. 3711, to enhance the require each Federal agency to develop a self, Mr. LAUTENBERG, Mr. LIEBERMAN, energy independence and security of plan to meet the required petroleum reduc- and Ms. CANTWELL) submitted an the United States by providing for ex- tion level. amendment intended to be proposed by ploration, development, and production ‘‘(B) MEASURES.—The plan may allow an him to the bill S. 3711, to enhance the activities for mineral resources in the agency to meet the required petroleum re- energy independence and security of Gulf of Mexico, and for other purposes; duction level through— the United States by providing for ex- ‘‘(i) the use of alternative fuels; which was ordered to lie on the table; ploration, development, and production as follows: ‘‘(ii) the acquisition of vehicles with higher activities for mineral resources in the fuel economy, including hybrid vehicles; Gulf of Mexico, and for other purposes; At the end, add the following: ‘‘(iii) the substitution of cars for light which was ordered to lie on the table; SEC. 6. EXPANSION OF RESOURCES TO WAVE, trucks; CURRENT, TIDAL, AND OCEAN THER- ‘‘(iv) an increase in vehicle load factors; as follows: MAL ENERGY. ‘‘(v) a decrease in vehicle miles traveled; At the end, add the following: (a) IN GENERAL.—Section 45(c)(1) of the In- ‘‘(vi) a decrease in fleet size; and SEC. 6. TRANSIT-ORIENTED DEVELOPMENT COR- ternal Revenue Code of 1986 (defining quali- ‘‘(vii) other measures. RIDORS. fied energy resources) is amended by strik- ‘‘(C) REPLACEMENT TIRES.—The regulations (a) DEFINITIONS.—In this section: ing ‘‘and’’ at the end of subparagraph (G), by shall include a requirement that each Fed- (1) SECRETARY.—The tern ‘‘Secretary’’ striking the period at the end of subpara- eral agency purchase energy-efficient re- means the Secretary of Transportation. graph (H) and inserting ‘‘, and’’, and by add- placement tires for the respective fleet vehi- (2) TRANSIT-ORIENTED DEVELOPMENT COR- ing at the end the following new subpara- cles of the agency. RIDOR.—The term ‘‘Transit-Oriented Devel- graph: ‘‘(b) FEDERAL EMPLOYEE INCENTIVE PRO- opment Corridor’’ or ‘‘TODC’’ means a geo- ‘‘(I) wave, current, tidal, and ocean ther- graphic area designated by the Secretary GRAMS FOR REDUCING PETROLEUM CONSUMP- mal energy.’’ under subsection (b). TION.— (b) DEFINITION OF RESOURCES.—Section (3) OTHER TERMS.—The terms ‘‘fixed guide ‘‘(1) IN GENERAL.—Each Federal agency 45(c) of the Internal Revenue Code of 1986 is way’’, ‘‘local governmental authority’’, shall actively promote incentive programs amended by adding at the end the following ‘‘mass transportation’’, ‘‘Secretary’’, that encourage Federal employees and con- new paragraph: ‘‘State’’, and ‘‘urbanized area’’ have the tractors to reduce petroleum through the use ‘‘(10) WAVE, CURRENT, TIDAL, AND OCEAN of practices such as— meanings given the terms in section 5302 of title 49, United States Code. THERMAL ENERGY.—The term ‘wave, current, ‘‘(A) telecommuting; tidal, and ocean thermal energy’ means elec- ‘‘(B) public transit; (b) TRANSIT-ORIENTED DEVELOPMENT COR- RIDORS.— tricity produced from any of the following: ‘‘(C) carpooling; and (1) IN GENERAL.—The Secretary shall de- ‘‘(A) Free flowing ocean water derived from ‘‘(D) bicycling. velop and carry out a program to designate tidal currents, ocean currents, waves, or es- ‘‘(2) MONITORING AND SUPPORT FOR INCEN- geographic areas in urbanized areas as Tran- tuary currents. TIVE PROGRAMS.—The Administrator of the sit-Oriented Development Corridors. ‘‘(B) Ocean thermal energy. General Services Administration, the Direc- (2) CRITERIA.—An area designated as a ‘‘(C) Free flowing water in rivers, lakes, tor of the Office of Personnel Management, TODC under paragraph (1) shall include man made channels, or streams.’’ and the Secretary of the Department of En- rights-of-way for fixed guide way mass trans- (c) FACILITIES.—Section 45(d) of the Inter- ergy shall monitor and provide appropriate portation facilities (including commercial nal Revenue Code of 1986 is amended by add- support to agency programs described in development of facilities that have a phys- ing at the end the following new paragraph: paragraph (1).’’. ‘‘(11) WAVE, CURRENT, TIDAL, AND OCEAN (b) TABLE OF CONTENTS AMENDMENT.—The ical and functional connection with each facility). THERMAL FACILITY.—In the case of a facility table of contents of the Energy Policy and using resources described in subparagraph Conservation Act (42 U.S.C. prec. 6201) is (3) NUMBER OF TODCS.—In consultation with State transportation departments and (A), (B), or (C) of subsection (c)(10) to amended by adding at the end of the items produce electricity, the term ‘qualified facil- relating to part J of title III the following: metropolitan planning organizations, the Secretary shall designate— ity’ means any facility owned by the tax- ‘‘Sec. 400FF. Federal fleet conservation re- (A) not fewer than 10 TODCs by December payer which is originally placed in service quirements.’’. 31, 2015; and after the date of the enactment of this paragraph and before January 1, 2015, but such SA 4723. Mr. MENENDEZ (for him- (B) not fewer than 20 TODCs by December 31, 2025. term shall not include a facility which in- self, Mr. LIEBERMAN, Ms. CANTWELL, (4) TRANSIT GRANTS.— cludes impoundment structures or a small ir- AUTENBERG and Mr. L ) submitted an (A) IN GENERAL.—The Secretary make rigation power facility.’’ amendment intended to be proposed by grants to eligible states and local govern- (d) EFFECTIVE DATE.—The amendments him to the bill S. 3711, to enhance the mental authorities to pay the Federal share made by this section shall apply to taxable energy independence and security of of the cost of designating geographic areas in years ending after the date of the enactment the United States by providing for ex- urbanized areas as TODCs. of this Act. ploration, development, and production (B) APPLICATION.—Each eligible State or activities for mineral resources in the local governmental authority that desires to SA 4726. Mr. MENENDEZ (for him- Gulf of Mexico, and for other purposes; receive a grant under this paragraph shall self, Ms. CANTWELL, Mr. LAUTENBERG, submit an application to the Secretary, at and Mr. LIEBERMAN) submitted an which was ordered to lie on the table; such time, in such manner, and accompanied as follows: by such additional information as the Sec- amendment intended to be proposed by At the end, add the following: retary may reasonably require. him to the bill S. 3711, to enhance the SEC. 6. ASSISTANCE TO STATES TO REDUCE (C) LABOR STANDARDS.—Subchapter IV of energy independence and security of SCHOOL BUS IDLING. chapter 31 of title 40, United States Code the United States by providing for ex- (a) STATEMENT OF POLICY.—Congress en- shall apply to projects that receive funding ploration, development, and production courages each local educational agency (as under this section. activities for mineral resources in the defined in section 9101(26) of the Elementary (D) FEDERAL SHARE.—The Federal share of Gulf of Mexico, and for other purposes; and Secondary Education Act of 1965 (20 the cost of a project under this subsection which was ordered to lie on the table; U.S.C. 7801(26))) that receives Federal funds shall be 50 percent. under the Elementary and Secondary Edu- (c) TODC RESEARCH AND DEVELOPMENT.— as follows: cation Act of 1965 (20 U.S.C. 6301 et seq.) to To support effective deployment of grants At the end, add the following:

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 27, 2006 CONGRESSIONAL RECORD — SENATE S8387 SEC. 6. DEPLOYMENT OF NEW TECHNOLOGIES TO trator under that Act (42 U.S.C. 7401 et seq.); Secretary, grants for the conduct of re- REDUCE OIL USE IN TRANSPOR- and search, development, and demonstration TATION. (III) at least 125 percent of the base year projects on the use of cellulosic ethanol for (a) FUEL FROM CELLULOSIC BIOMASS.— city fuel economy for the weight class of the vehicle fuel. (1) IN GENERAL.—The Secretary of Energy vehicle. (b) PRIORITY.—In providing grants under shall provide deployment incentives under (D) ENGINEERING INTEGRATION COSTS.—The subsection (a), the Secretary of Energy shall this subsection to encourage a variety of term ‘‘engineering integration costs’’ in- give priority to projects that use alternative projects to produce transportation fuel from cludes the cost of engineering tasks relating or renewable energy sources in producing cellulosic biomass, relying on different feed- to— cellulosic ethanol. stocks in different regions of the United (i) incorporating qualifying components (c) AUTHORIZATION OF APPROPRIATIONS.— States. into the design of advanced technology vehi- There is authorized to be appropriated to (2) PROJECT ELIGIBILITY.—Incentives under cles; and carry out this section $500,000,000 for the pe- this subsection shall be provided on a com- (ii) designing new tooling and equipment riod of fiscal years 2007 through 2013. petitive basis to projects that produce fuel for production facilities that produce quali- that— fying components or advanced technology SA 4728. Mrs. BOXER (for herself and (A) meet United States fuel and emission vehicles. Mrs. FEINSTEIN) submitted an amend- specifications; (E) HYBRID MOTOR VEHICLE.—The term ‘‘hy- (B) help diversify domestic transportation ment intended to be proposed by her to brid motor vehicle’’ means a motor vehicle energy supplies; and the bill S. 3711, to enhance the energy (C) improve or maintain air, water, soil, that draws propulsion energy from onboard independence and security of the and habitat quality. sources of stored energy that are— United States by providing for explo- (i) an internal combustion or heat engine (3) INCENTIVES.—Incentives under this sub- ration, development, and production section may consist of— using combustible fuel; and (ii) a rechargeable energy storage system. activities for mineral resources in the (A) loan guarantees under section 1510 of Gulf of Mexico, and for other purposes; the Energy Policy Act of 2005 (42 U.S.C. (F) QUALIFYING COMPONENTS.—The term 16501), subject to section 1702 of that Act (22 ‘‘qualifying components’’ means components which was ordered to lie on the table; U.S.C. 16512), for the construction of produc- that the Secretary of Energy determines to as follows: tion facilities and supporting infrastructure; be— At the end of the bill, add the following: or (i) specially designed for advanced tech- SEC. 6. PROHIBITION OF OIL AND GAS LEASING (B) production payments through a reverse nology vehicles; and IN CERTAIN AREAS OF THE OUTER auction in accordance with paragraph (4). (ii) installed for the purpose of meeting the CONTINENTAL SHELF. performance requirements of advanced tech- (4) REVERSE AUCTION.— Section 8 of the Outer Continental Shelf nology vehicles. (A) IN GENERAL.—In providing incentives Lands Act (43 U.S.C. 1337) is amended by add- under this subsection, the Secretary of En- (2) MANUFACTURER FACILITY CONVERSION ing at the end the following: ergy shall— AWARDS.—The Secretary of Energy shall pro- ‘‘(q) PROHIBITION OF OIL AND GAS LEASING (i) issue regulations under which producers vide facility conversion funding awards IN CERTAIN AREAS OF THE OUTER CONTI- of fuel from cellulosic biomass may bid for under this subsection to automobile manu- NENTAL SHELF.— production payments under paragraph (3)(B); facturers and component suppliers to pay ‘‘(1) IN GENERAL.—Notwithstanding any and not more than 30 percent of the cost of— other provision of this Act or any other law (ii) solicit bids from producers of different (A) reequipping or expanding an existing and except as provided in paragraph (2), be- classes of transportation fuel, as the Sec- manufacturing facility in the United States ginning on the date of enactment of this sub- retary of Energy determines to be appro- to produce— section, the conduct of oil and gas priate. (i) qualifying advanced technology vehi- preleasing, leasing, and related activities is cles; or (B) REQUIREMENT.—The rules under sub- prohibited in areas of the outer Continental paragraph (A) shall require that incentives (ii) qualifying components; and Shelf located off the coast of the State of be provided to the producers that submit the (B) engineering integration performed in California. lowest bid (in terms of cents per gallon) for the United States of qualifying vehicles and ‘‘(2) EFFECT.—Nothing in this subsection each class of transportation fuel from which qualifying components. affects any rights under leases issued under the Secretary of Energy solicits a bid. (3) PERIOD OF AVAILABILITY.—An award this Act before the date of enactment of this (b) ADVANCED TECHNOLOGY VEHICLES MANU- under paragraph (2) shall apply to— subsection.’’. FACTURING INCENTIVE PROGRAM.— (A) facilities and equipment placed in serv- SEC. 7. COMPREHENSIVE INVENTORY OF OUTER (1) DEFINITIONS.—In this subsection: ice before December 30, 2017; and CONTINENTAL SHELF OIL AND NAT- (A) ADJUSTED FUEL ECONOMY.—The term (B) engineering integration costs incurred URAL GAS RESOURCES. ‘‘adjusted fuel economy’’ means the average during the period beginning on the date of Section 357(a) of the Energy Policy Act of fuel economy of a manufacturer for all light enactment of this Act and ending on Decem- 2005 (42 U.S.C. 15912(a)) is amended by insert- duty motor vehicles produced by the manu- ber 30, 2017. ing after ‘‘Continental Shelf’’ the following: facturer, adjusted such that the fuel econ- (4) IMPROVEMENT.—The Secretary of En- ‘‘(other than the areas of the outer Conti- omy of each vehicle that qualifies for a cred- ergy shall issue regulations that require nental Shelf off the coast of the State of it shall be considered to be equal to the aver- that, in order for an automobile manufac- California)’’. age fuel economy for the weight class of the turer to be eligible for an award under this vehicle for model year 2002. subsection during a particular year, the ad- SA 4729. Mrs. BOXER submitted an (B) ADVANCED LEAN BURN TECHNOLOGY justed average fuel economy of the manufac- amendment intended to be proposed by MOTOR VEHICLE.—The term ‘‘advanced lean turer for light duty vehicles produced by the her to the bill S. 3711, to enhance the burn technology motor vehicle’’ means a manufacturer during the most recent year energy independence and security of passenger automobile or a light truck with for which data are available shall be not less the United States by providing for ex- an internal combustion engine that— than the average fuel economy for all light ploration, development, and production (i) is designed to operate primarily using duty motor vehicles of the manufacturer for model year 2002. activities for mineral resources in the more air than is necessary for complete com- Gulf of Mexico, and for other purposes; bustion of the fuel; (ii) incorporates direct injection; and SA 4727. Mrs. BOXER submitted an which was ordered to lie on the table; (iii) achieves at least 125 percent of the amendment intended to be proposed by as follows: city fuel economy of vehicles in the same her to the bill S. 3711, to enhance the At the end, add the following: size class as the vehicle for model year 2002. energy independence and security of SEC. 6. FEDERAL FLEET FUEL ECONOMY. (C) ADVANCED TECHNOLOGY VEHICLE.—The the United States by providing for ex- Section 32917 of title 49, United States term ‘‘advanced technology vehicle’’ means ploration, development, and production Code, is amended by adding at the end the a light duty motor vehicle that— activities for mineral resources in the following: (i) is a hybrid motor vehicle or an ad- ‘‘(a) NEW VEHICLES.— Gulf of Mexico, and for other purposes; vanced lean burn technology motor vehicle; ‘‘(1) IN GENERAL.—Except as provided in and which was ordered to lie on the table; paragraph (2), each passenger vehicle pur- (ii) meets— as follows: chased, or leased for at least 60 consecutive (I) the Bin 5 Tier II emission standard es- At the end, add the following: days, by an executive agency after the date tablished in regulations issued by the Ad- SEC. 6. CELLULOSIC ETHANOL RESEARCH, DE- of the enactment of the Gulf of Mexico En- ministrator of the Environmental Protection VELOPMENT, AND DEMONSTRATION ergy Security Act of 2006 shall be as fuel effi- Agency under section 202(i) of the Clean Air PROGRAM. cient as possible. Act (42 U.S.C. 7521(i)), or a lower-numbered (a) IN GENERAL.—There is established in ‘‘(2) WAIVER.—An executive agency may Bin emission standard; the Department of Energy a program under submit a written request to Congress for a (II) any new emission standard for fine par- which the Secretary of Energy shall provide waiver of the requirement under paragraph ticulate matter prescribed by the Adminis- to eligible entities, as determined by the (1) in an emergency situation.’’.

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8388 CONGRESSIONAL RECORD — SENATE July 27, 2006 SA 4730. Mrs. CLINTON submitted an (A) use a competitive process for the selec- (c) DEFINITION OF ENERGY SAVINGS.—Sec- amendment intended to be proposed by tion of recipients of cash prizes; and tion 804(2) of the National Energy Conserva- her to the bill S. 3711, to enhance the (B) conduct widely-advertised solicitation tion Policy Act (42 U.S.C. 8287c(2)) is amend- energy independence and security of of submissions of research results, tech- ed— the United States by providing for ex- nology developments, and prototypes. (1) by redesignating subparagraphs (A), (B), (3) MAXIMUM AMOUNT FOR ALL CASH ploration, development, and production and (C) as clauses (i), (ii), and (iii), respec- PRIZES.—The total amount of all cash prizes tively, and indenting appropriately; activities for mineral resources in the awarded for a fiscal year under this sub- Gulf of Mexico, and for other purposes; (2) by striking ‘‘means a reduction’’ and in- section may not exceed $50,000,000. serting ‘‘means— which was ordered to lie on the table; (4) MAXIMUM AMOUNT OF INDIVIDUAL CASH ‘‘(A) a reduction’’; as follows: PRIZES.—The amount of an individual cash (3) by striking the period at the end and in- At the appropriate place, insert the fol- prize awarded under this subsection may not serting a semicolon; and lowing: exceed $10,000,000 unless the amount of the (4) by adding at the end the following: SEC. ll. ASSISTANT SECRETARY FOR AD- award is approved by the Secretary of En- ‘‘(B) the increased efficient use of an exist- ergy. VANCED ENERGY RESEARCH, TECH- ing energy source by cogeneration or heat NOLOGY DEVELOPMENT, AND DE- (f) ANNUAL REPORTS.—As soon as prac- recovery, and installation of renewable en- PLOYMENT. ticable after the end of each fiscal year for (a) ESTABLISHMENT.— which the Assistant Secretary receives funds ergy systems; (1) IN GENERAL.—The Secretary of Energy under subsection (h), the Assistant Secretary ‘‘(C) the sale or transfer of electrical or shall establish in the Department of Energy shall submit to the Committee on Energy thermal energy generated on-site, but in ex- the position of Assistant Secretary for Ad- and Natural Resources of the Senate and the cess of Federal needs, to utilities or non-Fed- vanced Energy Research, Technology Devel- Committee on Energy and Commerce, and eral energy users; and opment, and Deployment (referred to in this the Committee on Science, of the House of ‘‘(D) the increased efficient use of existing section as the ‘‘Assistant Secretary’’), to be Representatives a report on the progress, water sources in interior or exterior applica- headed by, and to report to, the Secretary. challenges, future milestones, and strategic tions.’’. (2) QUALIFICATIONS.—The Assistant Sec- plan of the Assistant Secretary, including— (d) ENERGY AND COST SAVINGS IN NON- retary shall be an individual with— (1) a description of, and rationale for, any BUILDING APPLICATIONS.— (A) an advanced education degree in energy changes in the strategic plan; (1) DEFINITIONS.—In this subsection: technology; and (2) the adequacy of human and financial re- (A) NONBUILDING APPLICATION.—The term (B) substantial commercial research and sources necessary to achieve the mission de- ‘‘nonbuilding application’’ means— technology development and deployment ex- scribed in subsection (b); and (i) any class of vehicles, devices, or equip- perience. (3) in the case of cash prizes awarded under ment that is transportable under the power (b) MISSION.—The mission of the Assistant subsection (e), a description of— Secretary is— of the applicable vehicle, device, or equip- (A) the applications of the research, tech- ment by land, sea, or air and that consumes (1) to implement an innovative energy re- nology, or prototypes for which prizes were search, technology development, and deploy- energy from any fuel source for the purpose awarded; of— ment program to— (B) the total amount of the prizes that (A) increase national security by signifi- (I) that transportation; or were awarded; (II) maintaining a controlled environment cantly reducing petroleum and imported (C) the methods used for solicitation and fuels consumption; within the vehicle, device, or equipment; and evaluation of submissions and an assessment (ii) any federally-owned equipment used to (B) significantly improve the efficiency of of the effectiveness of those methods; and generate electricity or transport water. electricity use and the reliability of the elec- (D) recommendations to improve the prize (B) SECONDARY SAVINGS.— tricity system; and program. (i) IN GENERAL.—The term ‘‘secondary sav- (C) significantly reduce greenhouse gas (g) RELATIONSHIP TO OTHER AUTHORITY.— emissions; and The program under this section may be car- ings’’ means additional energy or cost sav- (2) to sponsor a diverse portfolio of cut- ried out in conjunction with, or in addition ings that are a direct consequence of the enting-edge, high-payoff research, develop- to, the exercise of any other authority of the ergy savings that result from the energy effi- ment, and deployment projects to carry out Assistant Secretary to acquire, support, or ciency improvements that were financed and the program. stimulate basic, advanced, and applied re- implemented pursuant to an energy savings (c) EXPERIMENTAL PERSONNEL AUTHORITY.— search, technology development, or proto- performance contract. The Assistant Secretary may staff the office type projects. (ii) INCLUSIONS.—The term ‘‘secondary sav- of the Assistant Secretary primarily using a (h) AUTHORIZATION OF APPROPRIATIONS.— ings’’ includes— program of experimental use of special per- There are authorized to be appropriated to (I) energy and cost savings that result sonnel management authority in order to fa- carry out this section— from a reduction in the need for fuel delivery cilitate recruitment of eminent experts in (1) $1,000,000,000 for fiscal year 2007; and and logistical support; science or engineering for management of re- (2) $2,000,000,000 for each of fiscal years 2008 (II) personnel cost savings and environ- search and development projects and pro- through 2011. mental benefits; and grams administered by the Assistant Sec- (III) in the case of electric generation retary under similar terms and conditions as SA 4731. Mrs. CLINTON submitted an equipment, the benefits of increased effi- the authority is exercised under section 1101 amendment intended to be proposed by ciency in the production of electricity, in- of the Strom Thurmond National Defense cluding revenues received by the Federal Authorization Act for Fiscal Year 1999 (Pub- her to the bill S. 3711, to enhance the energy independence and security of Government from the sale of electricity so lic Law 105–261; 5 U.S.C. 3104 note), as deter- produced. mined by the Assistant Secretary. the United States by providing for ex- (2) STUDY.— (d) TRANSACTIONS OTHER THAN CONTRACTS ploration, development, and production (A) IN GENERAL.—As soon as practicable AND GRANTS.—To carry out projects under activities for mineral resources in the after the date of enactment of this Act, the this section, the Assistant Secretary may Gulf of Mexico, and for other purposes; enter into transactions to carry out ad- Secretary of Energy and the Secretary of De- vanced research projects under this sub- which was ordered to lie on the table; fense shall jointly conduct, and submit to section under similar terms and conditions as follows: Congress and the President a report of, a as the authority is exercised under section At the end, add the following: study of the potential for the use of energy 646(g) of the Department of Energy Organiza- SEC. 6. ENERGY SAVINGS PERFORMANCE CON- savings performance contracts to reduce en- tion Act (42 U.S.C. 7256(g)). TRACTS. ergy consumption and provide energy and (e) PRIZES FOR ADVANCED TECHNOLOGY (a) RETENTION OF SAVINGS.—Section 546(c) cost savings in nonbuilding applications. ACHIEVEMENTS.— of the National Energy Conservation Policy (B) REQUIREMENTS.—The study under this (1) IN GENERAL.—Subject to paragraphs (2) Act (42 U.S.C. 8256(c)) is amended by striking subsection shall include— through (4), the Assistant Secretary may paragraph (5). (i) an estimate of the potential energy and carry out a program to award cash prizes in (b) FINANCING FLEXIBILITY.—Section cost savings to the Federal Government, in- recognition of outstanding achievements in 801(a)(2) of the National Energy Conservation cluding secondary savings and benefits, from basic, advanced, and applied research, tech- Policy Act (42 U.S.C. 8287(a)(2)) is amended increased efficiency in nonbuilding applica- nology development, and prototype develop- by adding at the end the following: tions; ment that have the potential to advance the ‘‘(E) SEPARATE CONTRACTS.—In carrying (ii) an assessment of the feasibility of ex- mission described in subsection (b) under out a contract under this title, a Federal tending the use of energy savings perform- similar terms and conditions as the author- agency may— ance contracts to nonbuilding applications, ity is exercised under section 1008 of the En- ‘‘(i) enter into a separate contract for en- including an identification of any regulatory ergy Policy Act of 2005 (42 U.S.C. 16396). ergy services and conservation measures or statutory barriers to such use; and (2) COMPETITION REQUIREMENTS.—In car- under the contract; and (iii) such recommendations as the Sec- rying out this subsection, the Assistant Sec- ‘‘(ii) provide all or part of the financing retary of Energy and Secretary of Defense retary shall— necessary to carry out the contract.’’. determine to be appropriate.

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 27, 2006 CONGRESSIONAL RECORD — SENATE S8389 SA 4732. Mrs. CLINTON submitted an ‘‘(ii) without regard to whether subsection ‘‘(i) by substituting ‘15 percent’ for ‘5 per- amendment intended to be proposed by (c) of section 613A does not apply by reason cent’ each place it occurs in paragraph (3) of her to the bill S. 3711, to enhance the of paragraph (2) of section 613A(d). section 613A(d), and energy independence and security of For purposes of subparagraphs (A) and (B), ‘‘(ii) without regard to whether subsection all persons treated as a single employer (c) of section 613A does not apply by reason the United Statese by providing for ex- under subsections (a) and (b) of section 52 of paragraph (2) of section 613A(d). ploration, development, and production shall be treated as 1 person and, in case of a For purposes of subparagraphs (A) and (B), activities for mineral resources in the short taxable year, the rule under section all persons treated as a single employer Gulf of Mexico, and for other purposes; 448(c)(3)(B) shall apply.’’. under subsections (a) and (b) of section 52 which was ordered to lie on the table; (b) EFFECTIVE DATE.—The amendment shall be treated as 1 person and, in case of a as follows: made by this section shall apply to taxable short taxable year, the rule under section At the end, add the following: years beginning after the date of the enact- 448(c)(3)(B) shall apply.’’. ment of this Act. (2) EFFECTIVE DATE.—The amendment TITLE II—ELIMINATING UNNECESSARY SEC. 203. OIL AND GAS ROYALTY-RELATED made by this subsection shall apply to tax- OIL TAX BREAKS AMENDMENTS. able years beginning after the date of the en- SEC. 201. ELIMINATION OF DEDUCTION FOR IN- (a) REPEAL.—Sections 344 through 346 of actment of this Act. TANGIBLE DRILLING AND DEVELOP- the Energy Policy Act of 2005 (42 U.S.C. 15902 SEC. 205. ELIMINATION OF AMORTIZATION OF MENT COSTS FOR MAJOR OIL COM- et seq.) are repealed. GEOLOGICAL AND GEOPHYSICAL EX- PANIES. (b) TERMINATION OF ALASKA OFFSHORE ROY- PENDITURES FOR MAJOR OIL COM- (a) IN GENERAL.—Section 263(c) of the In- ALTY SUSPENSION.—Section 8(a)(3)(B) of the PANIES. ternal Revenue Code of 1986 is amended by Outer Continental Shelf Lands Act (43 U.S.C. (a) IN GENERAL.—Section 167(h) of the In- adding at the end the following new sen- 1337(a)(3)(B)) is amended by striking ‘‘and in ternal Revenue Code of 1986 is amended by tences: ‘‘This subsection shall not apply dur- the Planning Areas offshore Alaska’’. adding at the end the following new para- ing any taxable year with respect to a major SEC. 204. EXTENSION OF ELECTION TO EXPENSE graph: integrated oil company (as defined in section CERTAIN REFINERIES. ‘‘(5) NONAPPLICATION OF SECTION.— 43(f)(2)) if during the preceding taxable year (a) EXTENSION.— ‘‘(A) IN GENERAL.—This subsection shall for the production of oil, the average price of (1) IN GENERAL.—Section 179C(c)(1) of the not apply during any taxable year with re- crude oil in the United States is greater than Internal Revenue Code of 1986 (defining spect to a major integrated oil company if $34.71 per barrel, and for the production of qualified refinery property) is amended— during the preceding taxable year for the natural gas, the average wellhead price of (A) by striking ‘‘and before January 1, production of oil, the average price of crude natural gas in the United States is greater 2012’’ in subparagraph (B) and inserting ‘‘and, oil in the United States is greater than $34.71 than $4.34 per 1,000 cubic feet. For purposes in the case of any qualified refinery de- per barrel, and for the production of natural of the preceding sentence, the Secretary scribed in subsection (d)(1), before January 1, gas, the average wellhead price of natural shall determine average prices, taking into 2012’’, and gas in the United States is greater than $4.34 consideration the most recent data reported (B) by inserting ‘‘if described in subsection per 1,000 cubic feet. For purposes of the pre- by the Energy Information Administration. (d)(1)’’ after ‘‘of which’’ in subparagraph ceding sentence, the Secretary shall deter- For taxable years beginning after December (F)(i). mine average prices, taking into consider- 31, 2007, each dollar amount specified in this (2) CONFORMING AMENDMENT.—Subsection ation the most recent data reported by the subsection shall be adjusted to reflect (d) of section 179C of the Internal Revenue Energy Information Administration. For changes for the 12-month period ending the Code of 1986 is amended to read as follows: taxable years beginning after December 31, preceding September 30 in the Consumer ‘‘(d) QUALIFIED REFINERY.—For purposes of 2007, each dollar amount specified in this Price Index for All Urban Consumers pub- this section, the term ‘qualified refinery’ subparagraph shall be adjusted to reflect lished by the Bureau of Labor Statistics of means any refinery located in the United changes for the 12-month period ending the the Department of Labor.’’ States which is designed to serve the pri- preceding September 30 in the Consumer (b) EFFECTIVE DATE.—The amendment mary purpose of processing liquid fuel from— Price Index for All Urban Consumers pub- made by this section shall apply to taxable ‘‘(1) crude oil, or lished by the Bureau of Labor Statistics of years beginning after the date of the enact- ‘‘(2) qualified fuels (as defined in section the Department of Labor. ment of this Act. 45K(c)).’’. ‘‘(B) MAJOR INTEGRATED OIL COMPANY.—For SEC. 202. ELIMINATION OF ENHANCED OIL RE- (3) EFFECTIVE DATE.—The amendments purposes of this paragraph, the term ‘major COVERY CREDIT FOR MAJOR OIL made by this subsection shall take effect as integrated oil company’ means, with respect COMPANIES. if included in the amendment made by sec- (a) IN GENERAL.—Section 43 of the Internal to any taxable year, a producer of crude oil— tion 1323(a) of the Energy Policy Act of 2005. Revenue Code of 1986 is amended by adding ‘‘(i) which has an average daily worldwide (b) NONAPPLICATION FOR MAJOR OIL COMPA- production of crude oil of at least 500,000 bar- at the end the following new subsection: NIES.— ‘‘(f) NONAPPLICATION OF SECTION.— rels for the taxable year, (1) IN GENERAL.—Section 179C of the Inter- ‘‘(1) IN GENERAL.—This section shall not ‘‘(ii) which had gross receipts in excess of nal Revenue Code of 1986 is amended by add- apply during any taxable year with respect $1,000,000,000 for its last taxable year ending ing at the end the following new subsection: during calendar year 2005, and to a major integrated oil company if during ‘‘(i) NONAPPLICATION OF SECTION.— the preceding taxable year for the produc- ‘‘(iii) to whom subsection (c) of section ‘‘(1) IN GENERAL.—This section shall not 613A does not apply by reason of paragraph tion of oil, the average price of crude oil in apply during any taxable year with respect the United States is greater than $34.71 per (4) of section 613A(d), determined— to a major integrated oil company if during ‘‘(I) by substituting ‘15 percent’ for ‘5 per- barrel. For purposes of the preceding sen- the preceding taxable year for the produc- tence, the Secretary shall determine average cent’ each place it occurs in paragraph (3) of tion of oil, the average price of crude oil in section 613A(d), and prices, taking into consideration the most the United States is greater than $34.71 per recent data reported by the Energy Informa- ‘‘(II) without regard to whether subsection barrel. For purposes of the preceding sen- (c) of section 613A does not apply by reason tion Administration. For taxable years be- tence, the Secretary shall determine average ginning after December 31, 2007, the dollar of paragraph (2) of section 613A(d). prices, taking into consideration the most For purposes of subparagraphs (A) and (B), amount specified in this paragraph shall be recent data reported by the Energy Informa- adjusted to reflect changes for the 12-month all persons treated as a single employer tion Administration. For taxable years be- under subsections (a) and (b) of section 52 period ending the preceding September 30 in ginning after December 31, 2007, the dollar shall be treated as 1 person and, in case of a the Consumer Price Index for All Urban Con- amount specified in this paragraph shall be short taxable year, the rule under section sumers published by the Bureau of Labor adjusted to reflect changes for the 12-month 448(c)(3)(B) shall apply.’’. Statistics of the Department of Labor. period ending the preceding September 30 in (b) EFFECTIVE DATE.—The amendments ‘‘(2) MAJOR INTEGRATED OIL COMPANY.—For the Consumer Price Index for All Urban Con- made by this section shall take effect on and purposes of this subsection, the term ‘major sumers published by the Bureau of Labor after the date of the enactment of this Act. integrated oil company’ means, with respect Statistics of the Department of Labor. SEC. 206. REVALUATION OF LIFO INVENTORIES to any taxable year, a producer of crude oil— ‘‘(2) MAJOR INTEGRATED OIL COMPANY.—For OF MAJOR INTEGRATED OIL COMPA- ‘‘(A) which has an average daily worldwide purposes of this subsection, the term ‘major NIES. production of crude oil of at least 500,000 bar- integrated oil company’ means, with respect (a) GENERAL RULE.—Notwithstanding any rels for the taxable year, to any taxable year, a producer of crude oil— other provision of law, if a taxpayer is a ‘‘(B) which had gross receipts in excess of ‘‘(A) which has an average daily worldwide major integrated oil company for its last $1,000,000,000 for its last taxable year ending production of crude oil of at least 500,000 bar- taxable year ending in calendar year 2005, during calendar year 2005, and rels for the taxable year, the taxpayer shall— ‘‘(C) to whom subsection (c) of section 613A ‘‘(B) which had gross receipts in excess of (1) increase, effective as of the close of does not apply by reason of paragraph (4) of $1,000,000,000 for its last taxable year ending such taxable year, the value of each historic section 613A(d), determined— during calendar year 2005, and LIFO layer of inventories of crude oil, nat- ‘‘(i) by substituting ‘15 percent’ for ‘5 per- ‘‘(C) to whom subsection (c) of section 613A ural gas, or any other petroleum product cent’ each place it occurs in paragraph (3) of does not apply by reason of paragraph (4) of (within the meaning of section 4611) by the section 613A(d), and section 613A(d), determined— layer adjustment amount, and

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8390 CONGRESSIONAL RECORD — SENATE July 27, 2006 (2) decrease its cost of goods sold for such ‘‘(A) is subject to a levy of such country or ‘‘(C) foreign oil and gas income.’’. taxable year by the aggregate amount of the possession, and (b) DEFINITION.— increases under paragraph (1). ‘‘(B) receives (or will receive) directly or (1) YEARS BEFORE 2007.—Paragraph (2) of If the aggregate amount of the increases indirectly a specific economic benefit (as de- section 904(d) of the Internal Revenue Code under paragraph (1) exceed the taxpayer’s termined in accordance with regulations) of 1986, as in effect for years beginning before cost of goods sold for such taxable year, the from such country or possession. 2007, is amended by redesignating subpara- taxpayer’s gross income for such taxable ‘‘(3) GENERALLY APPLICABLE INCOME TAX.— graphs (H) and (I) as subparagraphs (I) and year shall be increased by the amount of For purposes of this subsection— (J), respectively, and by inserting after sub- such excess. ‘‘(A) IN GENERAL.—The term ‘generally ap- paragraph (G) the following new subpara- (b) LAYER ADJUSTMENT AMOUNT.—For pur- plicable income tax’ means an income tax graph: poses of this section— (or a series of income taxes) which is gen- ‘‘(H) FOREIGN OIL AND GAS INCOME.—The (1) IN GENERAL.—The term ‘‘layer adjust- erally imposed under the laws of a foreign term ‘foreign oil and gas income’ has the ment amount’’ means, with respect to any country or possession on income derived meaning given such term by section 954(g).’’. historic LIFO layer, the product of— from the conduct of a trade or business with- (2) 2007 AND AFTER.—Section 904(d)(2) of (A) $18.75, and in such country or possession. such Code, as in effect for years after 2006, is (B) the number of barrels of crude oil (or in ‘‘(B) EXCEPTIONS.—Such term shall not in- amended by redesignating subparagraphs (J) the case of natural gas or other petroleum clude a tax unless it has substantial applica- and (K) as subparagraphs (K) and (L) and by products, the number of barrel-of-oil equiva- tion, by its terms and in practice, to— inserting after subparagraph (I) the fol- lents) represented by the layer. ‘‘(i) persons who are not dual capacity tax- lowing: (2) BARREL-OF-OIL EQUIVALENT.—The term payers, and ‘‘(J) FOREIGN OIL AND GAS INCOME.—For ‘‘barrel-of-oil equivalent’’ has the meaning ‘‘(ii) persons who are citizens or residents purposes of this section— given such term by section 29(d)(5) (as in ef- of the foreign country or possession. ‘‘(i) IN GENERAL.—The term ‘foreign oil and fect before its redesignation by the Energy ‘‘(4) MAJOR INTEGRATED OIL COMPANY.—For gas income’ has the meaning given such Tax Incentives Act of 2005). purposes of this subsection, the term ‘major term by section 954(g). (c) APPLICATION OF REQUIREMENT.— integrated oil company’ has the meaning ‘‘(ii) COORDINATION.—Passive category in- (1) NO CHANGE IN METHOD OF ACCOUNTING.— given such term by section 43(f)(2).’’. come and general category income shall not Any adjustment required by this section (b) EFFECTIVE DATE.— include foreign oil and gas income (as so de- shall not be treated as a change in method of (1) IN GENERAL.—The amendments made by fined).’’. accounting. this section shall apply to taxes paid or ac- (c) CONFORMING AMENDMENTS.— (2) UNDERPAYMENTS OF ESTIMATED TAX.—No crued in taxable years beginning after the (1) Section 904(d)(3)(F)(i) of the Internal addition to the tax shall be made under sec- date of the enactment of this Act. Revenue Code of 1986 is amended by striking tion 6655 of the Internal Revenue Code of 1986 (2) CONTRARY TREATY OBLIGATIONS ‘‘or (E)’’ and inserting ‘‘(E), or (I)’’. (relating to failure by corporation to pay es- UPHELD.—The amendments made by this sec- (2) Section 907(a) of such Code is hereby re- timated tax) with respect to any under- tion shall not apply to the extent contrary pealed. payment of an installment required to be to any treaty obligation of the United (3) Section 907(c)(4) of such Code is hereby paid with respect to the taxable year de- States. repealed. scribed in subsection (a) to the extent such SEC. 208. DENIAL OF DEDUCTION FOR INCOME (4) Section 907(f) of such Code is hereby re- underpayment was created or increased by ATTRIBUTABLE TO DOMESTIC PRO- pealed. this section. DUCTION OF OIL, NATURAL GAS, OR (d) EFFECTIVE DATES.— (d) MAJOR INTEGRATED OIL COMPANY.—For PRIMARY PRODUCTS THEREOF. (1) IN GENERAL.—The amendments made by purposes of this section, the term ‘‘major in- (a) IN GENERAL.—Subparagraph (B) of sec- this section shall apply to taxable years be- tegrated oil company’’ has the meaning tion 199(c)(4) of the Internal Revenue Code of ginning after the date of the enactment of given such term by section 43(f)(2) of the In- 1986 (relating to exceptions) is amended by this Act. ternal Revenue Code of 1986. striking ‘‘or’’ at the end of clause (ii), by striking the period at the end of clause (iii) (2) YEARS AFTER 2006.—The amendments SEC. 207. MODIFICATIONS OF FOREIGN TAX made by paragraphs (1)(B) and (2)(B) shall CREDIT RULES APPLICABLE TO and inserting ‘‘, or’’, and by inserting after MAJOR INTEGRATED OIL COMPA- clause (iii) the following new clause: apply to taxable years beginning after De- NIES WHICH ARE DUAL CAPACITY ‘‘(iv) in the case of any major integrated cember 31, 2006. TAXPAYERS. oil company (as defined in section 43(f)(2)), (3) TRANSITIONAL RULES.— (a) IN GENERAL.—Section 901 of the Inter- the production, refining, processing, trans- (A) SEPARATE BASKET TREATMENT.—Any nal Revenue Code of 1986 (relating to credit portation, or distribution of oil, natural gas, taxes paid or accrued in a taxable year be- for taxes of foreign countries and of posses- or any primary product thereof during any ginning on or before the date of the enact- sions of the United States) is amended by re- taxable year described in section ment of this Act, with respect to income designating subsection (m) as (n) and by in- 167(h)(5)(A).’’. which was described in subparagraph (I) of serting after subsection (l) the following new (b) CONFORMING AMENDMENTS.—Section section 904(d)(1) of such Code (as in effect on subsection: 199(c)(4) of the Internal Revenue Code of 1986 the day before the date of the enactment of ‘‘(m) SPECIAL RULES RELATING TO MAJOR is amended— this Act), shall be treated as taxes paid or INTEGRATED OIL COMPANIES WHICH ARE DUAL (1) in subparagraph (A)(i)(III) by striking accrued with respect to foreign oil and gas CAPACITY TAXPAYERS.— ‘‘electricity, natural gas,’’ and inserting income to the extent the taxpayer estab- ‘‘(1) GENERAL RULE.—Notwithstanding any ‘‘electricity’’, and lishes to the satisfaction of the Secretary of other provision of this chapter, any amount (2) in subparagraph (B)(ii) by striking the Treasury that such taxes were paid or ac- paid or accrued by a dual capacity taxpayer ‘‘electricity, natural gas,’’ and inserting crued with respect to foreign oil and gas in- which is a major integrated oil company to ‘‘electricity’’. come. a foreign country or possession of the United (c) EFFECTIVE DATE.—The amendments (B) CARRYOVERS.—Any unused oil and gas States for any period shall not be considered made by this section shall apply to taxable extraction taxes which under section 907(f) of a tax— years beginning after December 31, 2005. such Code (as so in effect) would have been ‘‘(A) if, for such period, the foreign country SEC. 209. RULES RELATING TO FOREIGN OIL AND allowable as a carryover to the taxpayer’s or possession does not impose a generally ap- GAS INCOME. first taxable year beginning after the date of plicable income tax, or (a) SEPARATE BASKET FOR FOREIGN TAX the enactment of this Act (without regard to ‘‘(B) to the extent such amount exceeds the CREDIT.— the limitation of paragraph (2) of such sec- amount (determined in accordance with reg- (1) YEARS BEFORE 2007.—Paragraph (1) of tion 907(f) for first taxable year) shall be al- ulations) which— section 904(d) of the Internal Revenue Code lowed as carryovers under section 904(c) of ‘‘(i) is paid by such dual capacity taxpayer of 1986 (relating to separate application of such Code in the same manner as if such pursuant to the generally applicable income section with respect to certain categories of taxes were unused taxes under such section tax imposed by the country or possession, or income), as in effect for years beginning be- 904(c) with respect to foreign oil and gas ex- ‘‘(ii) would be paid if the generally applica- fore 2007, is amended by striking ‘and’ at the traction income. ble income tax imposed by the country or end of subparagraph (H), by redesignating (C) LOSSES.—The amendment made by sub- possession were applicable to such dual ca- subparagraph (I) as subparagraph (J), and by section (c)(3) shall not apply to foreign oil pacity taxpayer. inserting after subparagraph (H) the fol- and gas extraction losses arising in taxable Nothing in this paragraph shall be construed lowing new subparagraph: years beginning on or before the date of the to imply the proper treatment of any such ‘‘(I) foreign oil and gas income, and’’. enactment of this Act. amount not in excess of the amount deter- (2) 2007 AND AFTER.—Paragraph (1) of sec- SEC. 210. ELIMINATION OF DEFERRAL FOR FOR- mined under subparagraph (B). tion 904(d) of such Code, as in effect for years EIGN OIL AND GAS EXTRACTION IN- ‘‘(2) DUAL CAPACITY TAXPAYER.—For pur- beginning after 2006, is amended by striking COME. poses of this subsection, the term ‘dual ca- ‘‘and’’ at the end of subparagraph (A), by (a) GENERAL RULE.—Paragraph (1) of sec- pacity taxpayer’ means, with respect to any striking the period at the end of subpara- tion 954(g) of the Internal Revenue Code of foreign country or possession of the United graph (B) and inserting ‘‘, and’’, and by add- 1986 (defining foreign base company oil re- States, a person who— ing at the end the following: lated income) is amended to read as follows:

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‘‘(1) IN GENERAL.—Except as otherwise pro- SEC. 304. EXTENSION AND MODIFICATION OF ‘‘(C) which produces— vided in this subsection, the term ‘foreign oil RESIDENTIAL ENERGY EFFICIENT ‘‘(i) at least 20 percent of its total useful and gas income’ means, in the case of any PROPERTY CREDIT. energy in the form of thermal energy which major integrated oil company (as defined in (a) EXTENSION.—Section 25D(g) of the In- is not used to produce electrical or mechan- section 43(f)(2)) during any taxable year de- ternal Revenue Code of 1986 (relating to ter- ical power (or combination thereof), and scribed in section 167(h)(5)(A), any income of mination) is amended by striking ‘‘2007’’ and ‘‘(ii) at least 20 percent of its total useful a kind which would be taken into account in inserting ‘‘2014’’. energy in the form of electrical or mechan- determining the amount of— (b) MODIFICATION OF MAXIMUM CREDIT.— ical power (or combination thereof), ‘‘(A) foreign oil and gas extraction income Paragraph (1) of section 25D(b) of the Inter- ‘‘(D) the energy efficiency percentage of (as defined in section 907(c)), or nal Revenue Code of 1986 (relating to limita- which exceeds 60 percent, and ‘‘(B) foreign oil related income (as defined tions) is amended to read as follows: ‘‘(E) which is placed in service before Janu- in section 907(c)).’’. ‘‘(1) MAXIMUM CREDIT.—The credit allowed ary 1, 2015. under subsection (a) for any taxable year (b) CONFORMING AMENDMENTS.— ‘‘(2) SPECIAL RULES.— shall not exceed— (1) Subsections (a)(5), (b)(5), and (b)(6) of ‘‘(A) ENERGY EFFICIENCY PERCENTAGE.—For ‘‘(A) $1,000 with respect to each half kilo- section 954, and section 952(c)(1)(B)(ii)(I) of purposes of this subsection, the energy effi- watt of capacity of qualified photovoltaic the Internal Revenue Code of 1986, are each ciency percentage of a system is the frac- property for which qualified photovoltaic amended by striking ‘‘base company oil re- tion— property expenditures are made, lated income’’ each place it appears (includ- ‘‘(i) the numerator of which is the total ‘‘(B) $2,000 with respect to any qualified ing in the heading of subsection (b)(8)) and useful electrical, thermal, and mechanical solar water heating property expenditures, inserting ‘‘oil and gas income’’. power produced by the system at normal op- and (2) Subsection (b)(4) of section 954 of such erating rates, and expected to be consumed ‘‘(C) $500 with respect to each half kilowatt Code is amended by striking ‘‘base company in its normal application, and of capacity of qualified fuel cell property (as oil-related income’’ and inserting ‘‘oil and ‘‘(ii) the denominator of which is the high- defined in section 48(c)(1)) for which qualified gas income’’. er heating value of the primary fuel sources fuel cell property expenditures are made.’’. (3) The subsection heading for subsection for the system. (c) CREDIT ALLOWED AGAINST ALTERNATIVE (g) of section 954 of such Code is amended by ‘‘(B) DETERMINATIONS MADE ON BTU BASIS.— MINIMUM TAX.— striking ‘‘FOREIGN BASE COMPANY OIL RE- The energy efficiency percentage and the (1) IN GENERAL.—Section 25D(b) of the In- LATED INCOME’’ and inserting ‘‘FOREIGN OIL percentages under paragraph (1)(C) shall be ternal Revenue Code of 1986 (as amended by AND GAS INCOME’’. determined on a Btu basis. subsection (b)) is amended by adding at the (4) Subparagraph (A) of section 954(g)(2) of ‘‘(C) INPUT AND OUTPUT PROPERTY NOT IN- end the following new paragraph: such Code is amended by striking ‘‘foreign CLUDED.—The term ‘combined heat and ‘‘(3) CREDIT ALLOWED AGAINST ALTERNATIVE base company oil related income’’ and in- power system property’ does not include MINIMUM TAX.—The credit allowed under sub- serting ‘‘foreign oil and gas income’’. property used to transport the energy source section (a) for the taxable year shall not ex- to the facility or to distribute energy pro- (c) EFFECTIVE DATE.—The amendments ceed the excess of— duced by the facility. made by this section shall apply to taxable ‘‘(A) the sum of the regular tax liability ‘‘(D) CERTAIN EXCEPTION NOT TO APPLY.— years of foreign corporations beginning after (as defined in section 26(b)) plus the tax im- The first sentence of the matter in sub- the date of the enactment of this Act, and to posed by section 55, over section (a)(3) which follows subparagraph (D) taxable years of United States shareholders ‘‘(B) the sum of the credits allowable under thereof shall not apply to combined heat and ending with or within such taxable years of subpart A of part IV of subchapter A and sec- power system property. foreign corporations. tion 27 for the taxable year.’’. ‘‘(3) SYSTEMS USING BAGASSE.—If a system TITLE III—EXPANDING ENERGY (2) CONFORMING AMENDMENT.—Subsection is designed to use bagasse for at least 90 per- EFFICIENCY (c) of section 25D of such Code is amended to cent of the energy source— read as follows: SEC. 301. EXTENSION OF ENERGY EFFICIENT ‘‘(A) paragraph (1)(D) shall not apply, but ‘‘(c) CARRYFORWARD OF UNUSED CREDIT.—If COMMERCIAL BUILDINGS DEDUC- ‘‘(B) the amount of credit determined the credit allowable under subsection (a) for TION. under subsection (a) with respect to such any taxable year exceeds the limitation im- Section 179D(h) of the Internal Revenue system shall not exceed the amount which posed by subsection (b)(3) for such taxable Code of 1986 (relating to termination) is bears the same ratio to such amount of cred- year, such excess shall be carried to the suc- amended by striking ‘‘2007’’ and inserting it (determined without regard to this para- ceeding taxable year and added to the credit ‘‘2014’’. graph) as the energy efficiency percentage of allowable under subsection (a) for such suc- SEC. 302. EXTENSION AND EXPANSION OF NEW such system bears to 60 percent. ceeding taxable year.’’. ENERGY EFFICIENT HOME CREDIT. ‘‘(4) NONAPPLICATION OF CERTAIN RULES.— (d) EFFECTIVE DATE.—The amendments (a) EXTENSION.—Section 45L(g) of the Inter- made by this section shall apply to taxable For purposes of determining if the term nal Revenue Code of 1986 (relating to termi- years beginning after December 31, 2005. ‘combined heat and power system property’ nation) is amended by striking ‘‘2007’’ and in- includes technologies which generate elec- serting ‘‘2014’’. SEC. 305. ENERGY CREDIT FOR COMBINED HEAT AND POWER SYSTEM PROPERTY. tricity or mechanical power using back-pres- (b) INCLUSION OF 30 PERCENT HOMES.— (a) In general.—Section 48(a)(3)(A) of the sure steam turbines in place of existing pres- (1) IN GENERAL.—Section 45L(c) of the In- Internal Revenue Code of 1986 (defining ensure-reducing valves or which make use of ternal Revenue Code of 1986 (relating to energy property) is by striking ‘‘or’’ at the end waste heat from industrial processes such as ergy saving requirements) is amended— of clause (iii), by inserting ‘‘or’’ at the end of by using organic rankin, stirling, or kalina (A) by striking ‘‘or’’ at the end of para- clause (iv), and by adding at the end the fol- heat engine systems, paragraph (1) shall be graph (2); lowing new clause: applied without regard to subparagraphs (C) (B) by redesignating paragraph (3) as para- ‘‘(v) combined heat and power system prop- and (D) thereof .’’. (c) EFFECTIVE DATE.—The amendments graph (4); and erty,’’; made by this section shall apply to periods (C) by inserting after paragraph (2) the fol- (b) COMBINED HEAT AND POWER SYSTEM after December 31, 2005, in taxable years end- lowing new paragraph: PROPERTY.—Section 48 of the Internal Rev- ing after such date, under rules similar to ‘‘(3) certified— enue Code of 1986 is amended by adding at the rules of section 48(m) of the Internal ‘‘(A) to have a level of annual heating and the end the following new subsection: Revenue Code of 1986 (as in effect on the day cooling energy consumption which is at least ‘‘(d) COMBINED HEAT AND POWER SYSTEM before the date of the enactment of the Rev- 30 percent below the annual level described PROPERTY.—For purposes of subsection enue Reconciliation Act of 1990). in paragraph (1), and (a)(3)(A)(v)— SEC. 306. THREE-YEAR APPLICABLE RECOVERY ‘‘(B) to have building envelope component ‘‘(1) COMBINED HEAT AND POWER SYSTEM PERIOD FOR DEPRECIATION OF improvements account for at least 1/3 of such PROPERTY.—The term ‘combined heat and 30 percent, or.’’. QUALIFIED ENERGY MANAGEMENT. power system property’ means property com- (a) IN GENERAL.—Section 168(e)(3)(A) of the (2) APPLICABLE AMOUNT OF CREDIT.—Section prising a system— Internal Revenue Code of 1986 (defining 3- 45L(a)(2) is amended by striking ‘‘paragraph ‘‘(A) which uses the same energy source for year property) is amended by striking ‘‘and’’ (3)’’ and inserting ‘‘paragraph (3) or (4)’’. the simultaneous or sequential generation of at the end of clause (ii), by striking the pe- (3) EFFECTIVE DATE.—The amendments electrical power, mechanical shaft power, or riod at the end of clause (iii) and inserting ‘‘, made by this subsection shall apply to quali- both, in combination with the generation of and,’’ and by adding at the end the following fied new energy efficient homes acquired steam or other forms of useful thermal en- new clause: after the date of the enactment of this Act. ergy (including heating and cooling applica- ‘‘(iv) any qualified energy management de- SEC. 303. EXTENSION OF NONBUSINESS ENERGY tions), vice.’’. PROPERTY CREDIT. ‘‘(B) which has an electrical capacity of (b) DEFINITION OF QUALIFIED ENERGY MAN- Section 25C(g) of the Internal Revenue not more than 15 megawatts or a mechanical AGEMENT DEVICE.—Section 168(i) of the Inter- Code of 1986 (relating to termination) is energy capacity of not more than 2,000 horse- nal Revenue Code of 1986 (relating to defini- amended by striking ‘‘2007’’ and inserting power or an equivalent combination of elections and special rules) is amended by insert- ‘‘2014’’. trical and mechanical energy capacities, ing at the end the following new paragraph:

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‘‘(18) QUALIFIED ENERGY MANAGEMENT DE- (1) IN GENERAL.—The Secretary of Energy (III) at least 125 percent of the base year VICE.— shall provide deployment incentives under city fuel economy for the weight class of the ‘‘(A) IN GENERAL.—The term ‘qualified en- this subsection to encourage a variety of vehicle. ergy management device’ means any energy projects to produce transportation fuel from (D) ENGINEERING INTEGRATION COSTS.—The management device which is placed in serv- cellulosic biomass, relying on different feed- term ‘‘engineering integration costs’’ in- ice before January 1, 2015, by a taxpayer who stocks in different regions of the United cludes the cost of engineering tasks relating is a supplier of electric energy or a provider States. to— of electric energy services. (2) PROJECT ELIGIBILITY.—Incentives under (i) incorporating qualifying components ‘‘(B) ENERGY MANAGEMENT DEVICE.—For this subsection shall be provided on a com- into the design of advanced technology vehi- purposes of subparagraph (A), the term ‘en- petitive basis to projects that produce fuel cles; and ergy management device’ means any meter that— (ii) designing new tooling and equipment or metering device which is used by the tax- (A) meet United States fuel and emission for production facilities that produce quali- payer— specifications; fying components or advanced technology ‘‘(i) to measure and record electricity (B) help diversify domestic transportation vehicles. usage data on a time-differentiated basis in energy supplies; and (E) HYBRID MOTOR VEHICLE.—The term ‘‘hy- at least 4 separate time segments per day, (C) improve or maintain air, water, soil, brid motor vehicle’’ means a motor vehicle and and habitat quality. that draws propulsion energy from onboard ‘‘(ii) to provide such data on at least a (3) INCENTIVES.—Incentives under this sub- sources of stored energy that are— monthly basis to both consumers and the section may consist of— (i) an internal combustion or heat engine taxpayer.’’. (A) loan guarantees under section 1510 of using combustible fuel; and (c) EFFECTIVE DATE.—The amendments the Energy Policy Act of 2005 (42 U.S.C. (ii) a rechargeable energy storage system. made by this section shall apply to property 16501), subject to section 1702 of that Act (22 (F) QUALIFYING COMPONENTS.—The term placed in service after the date of the enact- U.S.C. 16512), for the construction of produc- ‘‘qualifying components’’ means components ment of this Act, in taxable years ending tion facilities and supporting infrastructure; that the Secretary of Energy determines to after such date. or be— SEC. 307. THREE-YEAR APPLICABLE RECOVERY (B) production payments through a reverse (i) specially designed for advanced tech- PERIOD FOR DEPRECIATION OF nology vehicles; and QUALIFIED WATER SUBMETERING auction in accordance with paragraph (4). (4) REVERSE AUCTION.— (ii) installed for the purpose of meeting the DEVICES. performance requirements of advanced tech- (a) IN GENERAL.—Section 168(e)(3)(A) of the (A) IN GENERAL.—In providing incentives nology vehicles. Internal Revenue Code of 1986 (defining 3- under this subsection, the Secretary of En- (2) MANUFACTURER FACILITY CONVERSION year property), as amended by section 306, is ergy shall— AWARDS.—The Secretary of Energy shall pro- amended by striking ‘‘and’’ at the end of (i) issue regulations under which producers vide facility conversion funding awards clause (iii), by striking the period at the end of fuel from cellulosic biomass may bid for under this subsection to automobile manu- of clause (iv) and inserting ‘‘, and,’’ and by production payments under paragraph (3)(B); facturers and component suppliers to pay adding at the end the following new clause: and not more than 30 percent of the cost of— ‘‘(v) any qualified water submetering de- (ii) solicit bids from producers of different (A) reequipping or expanding an existing vice.’’. classes of transportation fuel, as the Sec- manufacturing facility in the United States (b) DEFINITION OF QUALIFIED WATER SUB- retary of Energy determines to be appro- to produce— METERING DEVICE.—Section 168(i) of the In- priate. (i) qualifying advanced technology vehi- ternal Revenue Code of 1986 (relating to defi- (B) REQUIREMENT.—The rules under sub- cles; or nitions and special rules), as amended by sec- paragraph (A) shall require that incentives (ii) qualifying components; and tion 306, is amended by inserting at the end be provided to the producers that submit the (B) engineering integration performed in the following new paragraph: lowest bid (in terms of cents per gallon) for the United States of qualifying vehicles and ‘‘(19) QUALIFIED WATER SUBMETERING DE- each class of transportation fuel from which qualifying components. VICE.— the Secretary of Energy solicits a bid. (3) PERIOD OF AVAILABILITY.—An award ‘‘(A) IN GENERAL.—The term ‘qualified (b) ADVANCED TECHNOLOGY VEHICLES MANU- water submetering device’ means any water under paragraph (2) shall apply to— submetering device which is placed in serv- FACTURING INCENTIVE PROGRAM.— (A) facilities and equipment placed in service before January 1, 2015, by a taxpayer who (1) DEFINITIONS.—In this subsection: ice before December 30, 2017; and is an eligible resupplier with respect to the (A) ADJUSTED FUEL ECONOMY.—The term (B) engineering integration costs incurred unit for which the device is placed in service. ‘‘adjusted fuel economy’’ means the average during the period beginning on the date of enactment of this Act and ending on Decem- ‘‘(B) WATER SUBMETERING DEVICE.—For pur- fuel economy of a manufacturer for all light ber 30, 2017. poses of this paragraph, the term ‘water sub- duty motor vehicles produced by the manu- metering device’ means any submetering de- facturer, adjusted such that the fuel econ- (4) IMPROVEMENT.—The Secretary of En- vice which is used by the taxpayer— omy of each vehicle that qualifies for a cred- ergy shall issue regulations that require ‘‘(i) to measure and record water usage it shall be considered to be equal to the aver- that, in order for an automobile manufac- data, and age fuel economy for the weight class of the turer to be eligible for an award under this ‘‘(ii) to provide such data on at least a vehicle for model year 2002. subsection during a particular year, the ad- monthly basis to both consumers and the (B) ADVANCED LEAN BURN TECHNOLOGY justed average fuel economy of the manufac- taxpayer. MOTOR VEHICLE.—The term ‘‘advanced lean turer for light duty vehicles produced by the manufacturer during the most recent year ‘‘(C) ELIGIBLE RESUPPLIER.—For purposes burn technology motor vehicle’’ means a of subparagraph (A), the term ‘eligible resup- passenger automobile or a light truck with for which data are available shall be not less plier’ means any taxpayer who purchases and an internal combustion engine that— than the average fuel economy for all light installs qualified water submetering devices (i) is designed to operate primarily using duty motor vehicles of the manufacturer for in every unit in any multi-unit property.’’. more air than is necessary for complete com- model year 2002. (c) EFFECTIVE DATE.—The amendments bustion of the fuel; made by this section shall apply to property (ii) incorporates direct injection; and SA 4734. Mr. LAUTENBERG sub- placed in service after the date of the enact- (iii) achieves at least 125 percent of the mitted an amendment intended to be ment of this Act, in taxable years ending city fuel economy of vehicles in the same proposed by him to the bill S. 3711, to after such date. size class as the vehicle for model year 2002. enhance the energy independence and (C) ADVANCED TECHNOLOGY VEHICLE.—The security of the United States by pro- SA 4733. Mrs. CLINTON submitted an term ‘‘advanced technology vehicle’’ means viding for exploration, development, amendment intended to be proposed by a light duty motor vehicle that— and production activities for mineral her to the bill S. 3711, to enhance the (i) is a hybrid motor vehicle or an advanced lean burn technology motor vehicle; resources in the Gulf of Mexico, and for energy independence and security of other purposes; which was ordered to the United States by providing for ex- and (ii) meets— lie on the table; as follows: ploration, development, and production (I) the Bin 5 Tier II emission standard es- At the appropriate place, insert the fol- activities for mineral resources in the tablished in regulations issued by the Ad- lowing: Gulf of Mexico, and for other purposes; ministrator of the Environmental Protection Finding— which was ordered to lie on the table; Agency under section 202(i) of the Clean Air (1) While Americans are forced to pay over as follows: Act (42 U.S.C. 7521(i)), or a lower-numbered $3.00 per gallon of gasoline, and the min- At the end, add the following: Bin emission standard; imum wage has been stuck at $5.15 an hour SEC. 6. DEPLOYMENT OF NEW TECHNOLOGIES TO (II) any new emission standard for fine par- for the last nine years, former Exxon Mobil REDUCE OIL USE IN TRANSPOR- ticulate matter prescribed by the Adminis- CEO Lee R. Raymond was provided with a TATION. trator under that Act (42 U.S.C. 7401 et seq.); golden parachute from his former company (a) FUEL FROM CELLULOSIC BIOMASS.— and totaling $398 million.

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Mr. LAUTENBERG sub- ‘‘(D) selling renewable fuel in any specified price on the royalty relief granted under any mitted an amendment intended to be area on the marketing premises of the lease for the production of oil or natural gas proposed by him to the bill S. 3711, to franchisee (including any area in which a on Federal land (including submerged land) enhance the energy independence and name or logo of a franchisor or any other en- entered into by the Secretary on or after the tity appears). date of enactment of this Act. security of the United States by pro- ‘‘(2) ENFORCEMENT.—Any restriction de- (b) CLARIFICATION OF AUTHORITY TO IMPOSE viding for exploration, development, scribed in paragraph (1) that is contained in PRICE THRESHOLDS FOR CERTAIN LEASE and production activities for mineral a franchise-related document and in effect SALES.—Congress reaffirms the authority of resources in the Gulf of Mexico, and for on the date of enactment of this section— the Secretary under section 8(a)(1)(H) of the other purposes; which was ordered to ‘‘(A) shall be considered to be null and void Outer Continental Shelf Lands Act (43 U.S.C. lie on the table; as follows: as of that date; and 1337(a)(1)(H)) to vary, based on the price of production from a lease, the suspension of Amend the title so as to read: ‘‘Lee R. Ray- ‘‘(B) shall not be enforced under section royalties under any lease subject to section mond Oil Profitability Act.’’. 105. ‘‘(c) EXCEPTION TO 3-GRADE REQUIREMENT.— 304 of the Outer Continental Shelf Deep SA 4736. Mr. BIDEN submitted an No franchise-related document that requires Water Royalty Relief Act (Public Law 104–58; 43 U.S.C. 1337 note). amendment intended to be proposed to that 3 grades of gasoline be sold by the applicable franchisee shall prevent the franchisee f amendment SA 4713 proposed by Mr. from selling a renewable fuel in lieu of 1 FRIST to the bill S. 3711, to enhance the grade of gasoline.’’. AUTHORITY FOR COMMITTEES TO energy independence and security of (2) CONFORMING AMENDMENTS.— MEET the United States by providing for ex- (A) IN GENERAL.—Section 101(13) of the Pe- COMMITTEE ON AGRICULTURE, NUTRITION, AND ploration, development, and production troleum Marketing Practices Act (15 U.S.C. FORESTRY activities for mineral resources in the 2801(13)) is amended by adjusting the inden- Mr. DeMINT. Mr. President, I ask tation of subparagraph (C) appropriately. Gulf of Mexico, and for other purposes; unanimous consent that the Sub- which was ordered to lie on the table; (B) TABLE OF CONTENTS.—The table of contents of the Petroleum Marketing Practices committee on Forestry, Conservation, as follows: Act (15 U.S.C. 2801 note) is amended— and Rural Revitalization of the Com- At the appropriate place, insert the fol- (i) by inserting after the item relating to mittee on Agriculture, Nutrition and lowing: section 106 the following: Forestry be authorized to conduct a SEC. lll. REPEAL OF 2005 ENERGY ACT FOSSIL ‘‘Sec. 107. Prohibition on restriction of in- hearing during the session of the Sen- FUEL ENERGY TAX INCENTIVES. stallation of renewable fuel ate on July 27, 2006, at 10 a.m. in SR– (a) REPEAL.—The provisions of, and the pumps.’’; 328A, Russell Senate Office Building. amendments made by, subtitle B of title XIII and of the Energy Policy Act of 2005 are repealed The purpose of this subcommittee (ii) by striking the item relating to section hearing will be to conduct an oversight and the Internal Revenue Code of 1986 shall 202 and inserting the following: be applied and administered as if such provi- hearing on the U.S. Department of Ag- sions and amendments had never been en- ‘‘Sec. 202. Automotive fuel rating testing and disclosure requirements.’’. riculture use of technical service pro- acted. viders. (b) EFFECTIVE DATE.—This section shall (b) REFUELING.—The Energy Policy Act of The PRESIDING OFFICER. Without 1992 is amended by inserting after section 304 take effect as if the provisions described in objection, it is so ordered. subsection (a) had never been included in the (42 U.S.C. 13213) the following: Energy Policy Act of 2005. ‘‘SEC. 304A. FEDERAL FLEET FUELING CENTERS. COMMITTEE ON ARMED SERVICES ‘‘(a) IN GENERAL.—Not later than January Mr. DEMINT. Mr. President, I ask SA 4737. Mr. DAYTON submitted an 1, 2008, the appropriate Federal agency shall unanimous consent that the Com- amendment intended to be proposed by install not less than 1 renewable fuel pump mittee on Armed Services be author- him to the bill S. 3711, to enhance the at every Federal fleet fueling center in the ized to meet during the session of the energy independence and security of United States. Senate on July 27, 2006, at 10 a.m., in the United States by providing for ex- ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— open session to consider the following There are authorized to be appropriated such ploration, development, and production sums as are necessary to carry out this sec- nomination: Lieutenant General James activities for mineral resources in the tion.’’. T. Conway, USMC, for appointment to Gulf of Mexico, and for other purposes; (c) REPORT.—Not later than October 31 of the grade of General and to be Com- which was ordered to lie on the table; each year beginning after the date of enact- mandant of the Marine Corps. as follows: ment of this Act, the President shall submit The PRESIDING OFFICER. Without At the appropriate place, insert the fol- to Congress a report that describes the objection, it is so ordered. lowing: progress of the agencies of the Federal gov- COMMITTEE ON COMMERCE, SCIENCE, AND ernment (including the Executive Office of SEC. ll. RENEWABLE FUELS PROMOTION. TRANSPORTATION the President) in complying with— (a) PROHIBITION ON RESTRICTION OF INSTAL- Mr. DeMINT. Mr. President, I ask (1) the Energy Policy Act of 1992 (42 U.S.C. LATION OF RENEWABLE FUEL PUMPS.— 13201 et seq.); unanimous consent that the Senate (1) IN GENERAL.—Title I of the Petroleum (2) Executive Order 13149 (65 Fed. Reg. Committee on Commerce, Science, and Marketing Practices Act (15 U.S.C. 2801 et 24595; relating to greening the government Transportation meet to consider the seq.) is amended by adding at the end the fol- through Federal fleet and transportation ef- following nominations on Thursday, lowing: ficiency); and July 27, 2006, at 11 a.m.: ‘‘SEC. 107. PROHIBITION ON RESTRICTION OF IN- (3) the Federal fleet fueling center require- STALLATION OF RENEWABLE FUEL Charles Nottingham to be a Member PUMPS. ment under section 304A of the Energy Pol- of the Surface Transportation Board; icy Act of 1992 (as added by subsection (b)). ‘‘(a) DEFINITION OF FRANCHISE-RELATED Robert Sumwalt to be a Member of the National Transportation Safety Board; DOCUMENT.—In this section, the term ‘fran- SA 4738. Mr. KYL (for himself and chise-related document’ means— Nathaniel Wienecke to be Assistant Mr. DEWINE) submitted an amendment ‘‘(1) a franchise under this Act; and Secretary for Legislative and Intergov- ‘‘(2) any other contract or directive of a intended to be proposed by him to the bill S. 3711, to enhance the energy inde- ernmental Affairs, Department of Com- franchisor relating to terms or conditions of merce; Jay Cohen to be Under Sec- the sale of fuel by a franchisee. pendence and security of the United retary for Science and Technology, De- ‘‘(b) PROHIBITIONS.— States by providing for exploration, de- ‘‘(1) IN GENERAL.—Notwithstanding any velopment, and production activities partment of Homeland Security; and provision of a franchise-related document in for mineral resources in the Gulf of Sean Connaughton to be Administrator effect on the date of enactment of this sec- Mexico, and for other purposes; which of the Maritime Administration, De- tion, no franchisee or affiliate of a franchisee was ordered to lie on the table; as fol- partment of Transportation. shall be restricted from— The PRESIDING OFFICER. Without lows: ‘‘(A) installing on the marketing premises objection, it is so ordered. of the franchisee a renewable fuel pump; At the appropriate place, insert the fol- COMMITTEE ON ENVIRONMENT AND PUBLIC ‘‘(B) converting an existing tank and pump lowing: WORKS on the marketing premises of the franchisee SEC. ll. ROYALTY RELIEF FOR PRODUCTION OF for renewable fuel use; OIL AND GAS. Mr. DEMINT. Mr. President, I ask ‘‘(C) advertising (including through the use (a) PRICE THRESHOLDS.—Notwithstanding unanimous consent that on Thursday, of signage or logos) the sale of any renewable any other provision of law, the Secretary July 27th, 2006, at 9:30 a.m. the Com- fuel; or shall place limitations based on market mittee on Environment and Public

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8394 CONGRESSIONAL RECORD — SENATE July 27, 2006 Works be authorized to hold a hearing Post Office Naming Bills Attorney General for the Office of to discuss the Stafford Act: A Path 1. S. 3613, to designate the facility of Legal Counsel; R. Alexander Acosta, to Forward for the Nation’s Emergency the USPS located at 2951 New York be U.S. Attorney for the Southern Dis- Preparedness and Response System. Highway 43 in Averill Park, New York, trict of Florida. The PRESIDING OFFICER. Without as the ‘‘Major George Quamo Post Of- II. Bills objection, it is so ordered. fice Building;’’ S. 2453, National Security Surveil- COMMITTEE ON FINANCE 2. H.R. 4246, to designate the facility lance Act of 2006, Specter; Mr. DEMINT. Mr. President, I ask of the USPS located at 8135 Forest S. 2455, Terrorist Surveillance Act of unanimous consent that the Com- Lane in Dallas, Texas, as the ‘‘Dr. Rob- mittee on Finance be authorized to 2006, DeWine, Graham; ert E. Price Post Office Building;’’ S. 2468, A bill to provide standing for meet during the session on Thursday, 3. H.R. 5104, to designate the facility July 27, 2006, at 10 a.m. in 215 Dirksen civil actions for declaratory and in- of the USPS located at 1750 16th Street junctive relief to persons who refrain Senate Office Building, to review and South in St. Petersburg, Florida, as make recommendations on proposed from electronic communications the ‘‘Morris W. Milton Post Office;’’ through fear of being subject to legislation implementing the U.S.-Peru 4. H.R. 5169, to designate the facility Trade Promotion Agreement, and to warrantless electronic surveillance for of the USPS located at 1310 Highway 64 foreign intelligence purposes, and for consider favorably reporting S. 3495, to NW in Ramsey, Indiana, as the authorize the extension of nondiscrim- other purposes, Schumer; ‘‘Wilfred Edward ‘Cousin Willie’ Sieg, S. 3001, Foreign Intelligence Surveil- inatory treatment (normal trade rela- Sr. Post Office;’’ tions treatment) to the products of lance Improvement and Enhancement 5. H.R. 5540, to designate the facility Act of 2006, Specter, Feinstein; Vietnam. of the USPS located at 217 Southeast The PRESIDING OFFICER. Without S. 2831, Free Flow of Information Act 2nd Street in Dimmitt, Texas, as the of 2006, Lugar, Specter, Graham, Schu- objection, it is so ordered. ‘‘Sergeant Jacob Dan Dones Post Of- COMMITTEE ON FOREIGN RELATIONS mer, Biden, Grassley; fice.’’ S. 155, Gang Prevention and Effective Mr. DEMINT. Mr. President, I ask unanimous consent that the Com- Post Office Naming Bills—Tentative Deterrence Act of 2005, Feinstein, mittee on Foreign Relations be author- Hatch, Grassley, Cornyn, Kyl, Specter; 1. H.R. 4646, to designate the facility S. 1845, Circuit Court of Appeals Re- ized to meet during the session of the of the U.S. Postal Service located at structuring and Modernization Act of Senate on Thursday, July 27, 2006, at 7320 Reseda Boulevard in Reseda, Cali- 2005, Ensign, Kyl; 9:30 a.m. to hold a nominations hear- fornia, as the ‘‘Coach John Wooden S. 2679, Unsolved Civil Rights Crime ing. Post Office Building;’’ Act, Talent, DeWine, Cornyn. The PRESIDING OFFICER. Without 2. S. 2555, to designate the facility of objection, it is so ordered. the U.S. Postal Service located at 2633 III. Matters COMMITTEE ON FOREIGN RELATIONS 11th Street in Rock Island, Illinois, as Subpoenas Relating to ABA Reports. Mr. DEMINT. Mr. President, I ask the ‘‘Lane Evans Post Office Building;’’ The PRESIDING OFFICER. Without unanimous consent that the Com- 3. S. 2719/H.R. 5107, to designate the objection, it is so ordered. mittee on Foreign Relations be author- facility of the U.S. Postal Service lo- COMMITTEE ON SMALL BUSINESS AND ized to meet during the session of the cated at 1400 West Jordan Street in ENTREPRENEURSHIP Senate on Thursday, July 27, 2006, at Pensacola, Florida, as the ‘‘Earl D. Mr. DEMINT. Mr. President, I ask 2:30 p.m. to hold a nominations hear- Hutto Post Office Building.’’ unanimous consent that the Com- ing. Nominations mittee on Small Business and Entre- The PRESIDING OFFICER. Without preneurship be authorized to meet dur- objection, it is so ordered. 1. Paul A. Denett to be Administrator ing the session of the Senate for a COMMITTEE ON HEALTH, EDUCATION, LABOR, for Federal Procurement Policy, Office markup on ‘‘The Small Business Reau- AND PENSIONS of Management and Budget; thorization and Improvements Act of Mr. DEMINT. Mr. President, I ask 2. The Honorable Anna Blackburne- 2006,’’ on Thursday, July 27, 2006, begin- unanimous consent that the Com- Rigsby to be Associate Judge, District ning at 10 a.m., in room 428A of the mittee on Health, Education, Labor, of Columbia Court of Appeals; Russell Senate Office Building. and Pensions be authorized to hold a 3. Phyllis D. Thompson to be Asso- The PRESIDING OFFICER. Without hearing during the session of the Sen- ciate Judge, District of Columbia Court objection, it is so ordered. ate on Thursday, July 27, 2006, at 10 of Appeals; COMMITTEE ON VETERANS’ AFFAIRS a.m. in SD–430. 4. Jennifer M. Anderson to be Asso- Mr. DEMINT. Mr. President, I ask The PRESIDING OFFICER. Without ciate Judge, Superior Court of the Dis- objection, it is so ordered. unanimous consent that the Com- trict of Columbia; mittee on Veterans’ Affairs be author- COMMITTEE ON HOMELAND SECURITY AND 5. The Honorable Mickey D. Barnett ized to meet during the session of the GOVERNMENTAL AFFAIRS to be Governor, U.S. Postal Service; Mr. DEMINT. Mr. President, I ask Senate on Thursday, July 27, 2006, to 6. Katherine C. Tobin to be Governor, hold a hearing to consider the nomina- unanimous consent that the Com- U.S. Postal Service; mittee on Homeland Security and Gov- tions of Patrick W. Dunne to be Assist- 7. Ellen C. Williams to be Governor, ant Secretary for Policy & Planning ernmental Affairs be authorized to U.S. Postal Service. meet on Thursday, July 27, 2006, at 10 and Thomas E. Harvey to be Assistant The PRESIDING OFFICER. Without Secretary for Congressional Affairs, a.m. for a business meeting to consider objection, it is so ordered. pending committee business. Department of Veterans’ Affairs. The COMMITTEE ON THE JUDICIARY hearing will take place in room 418 of Agenda Mr. DEMINT. Mr. President, I ask the Russell Senate Office Building at 10 Legislation unanimous consent that the Com- a.m. mittee on the Judiciary be authorized 1. S. 2590, Federal Funding Account- The PRESIDING OFFICER. Without to meet to conduct a markup on Thurs- ability and Transparency Act of 2006; objection, it is so ordered. day, July 27, 2006, at 10:45 a.m. in Sen- 2. S. , Post-Katrina Emergency COMMITTEE ON VETERANS’ AFFAIRS ate Dirksen Building Room 226. Management Reform Act of 2006; Mr. DEMINT. Mr. President, I ask 3. S. 1838, Federal and District of Co- Tentative Agenda unanimous consent that the Com- lumbia Government Real Property Act mittee on Veterans’ Affairs be author- I. Nominations of 2005; ized to meet during the session of the 4. S. 3492, Federal Workforce Per- Kimberly Ann Moore, to be U.S. Cir- Senate on Thursday, July 27, 2006, to formance Appraisal and Management cuit Judge for the Federal Circuit; hold a markup to consider the nomina- Improvement Act of 2006; Frances M. Tydingco-Gatewood, to be tions of Patrick W. Dunne to be Assist- 5. S. 3584, Federal Supervisor Train- Judge for the District Court of Guam; ant Secretary for Policy & Planning ing Act of 2006. Steven G. Bradbury, to be an Assistant and Thomas E. Harvey to be Assistant

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 27, 2006 CONGRESSIONAL RECORD — SENATE S8395 Secretary for Congressional Affairs, the Reclamation Wastewater and to, and the motion to reconsider be laid Department of Veterans’ Affairs. Groundwater Study and Facilities Act upon the table. The meeting will take place in the to authorize the Secretary of the Inte- The ACTING PRESIDENT pro tem- Reception Room off the Senate floor in rior to participate in the Prado Basin pore. Without objection, it is so or- the Capitol following the first rollcall Natural Treatment System Project, to dered. of the Senate after 1 p.m. authorize the Secretary to carry out a The resolution (S. Res. 541) was The PRESIDING OFFICER. Without program to assist agencies in projects agreed to. objection, it is so ordered. to construct regional brine lines in The preamble was agreed to. SELECT COMMITTEE ON INTELLIGENCE California, to authorize the Secretary The resolution, with its preamble, reads as follows: Mr. DEMINT. Mr. President, I ask to participate in the Lower Chino unanimous consent that the Select Dairy Area Desalination Demonstra- S. RES. 541 Committee on Intelligence be author- tion and Reclamations Project, and for Whereas, in 1881, Spelman College was es- ized to meet during the session of the other purposes; H.R. 2341, to amend the tablished by Sophia B. Packard and Harriet Senate on July 27, 2006, at 2:30 p.m., to Reclamation Wastewater and E. Giles, school teachers and Baptist mis- Goundwater Study and Facilities Act sionaries, in Atlanta, Georgia, for the pur- hold a closed meeting. pose of educating African-American women The PRESIDING OFFICER. Without to authorize the Secretary of the Inte- and girls; objection, it is so ordered. rior to participate in the design, plan- Whereas as a result of the benevolence of SPECIAL COMMITTEE ON AGING ning, and construction of a project to John D. Rockefeller, Sr., and Laura Spelman Mr. DEMINT. Mr. President, I ask reclaim and reuse wastewater within Rockefeller, the name of the institution was unanimous consent that the Special and outside of the service area of the changed from ‘‘Atlanta Baptist Female Sem- City of Austin Water and Wastewater inary’’ to ‘‘Spelman Seminary’’ in honor of Committee on Aging be authorized to the Spelman family; meet tomorrow, July 27, 2006, from 10 Utility, Texas; and H.R. 3418, to amend the Reclamation Wastewater and Whereas the curriculum expanded to in- a.m.–1 p.m. in Dirksen 106 for the pur- clude high school and college classes, and the pose of conducting a hearing. Groundwater Study and Facilities Act seminary conferred its first high school di- The PRESIDING OFFICER. Without to authorize the Secretary of the Inte- plomas in 1887, and its first college degrees objection, it is so ordered. rior to participate in the central Texas in 1901; water recycling and reuse project, and Whereas in 1924, Spelman Seminary offi- SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- cially became Spelman College and grew to AGEMENT, GOVERNMENT INFORMATION, AND for other purposes. become a leading undergraduate institution INTERNATIONAL SECURITY The PRESIDING OFFICER. Without objection, it is so ordered. for African-American women; Mr. DEMINT. Mr. President, I ask Whereas Spelman College was ranked unanimous consent that the Com- f among the top 75 Best Liberal Arts Colleges mittee on Homeland Security and Gov- according to U.S. News & World Report, 2005 PRIVILEGES OF THE FLOOR ernmental Affairs’ Subcommittee on edition; Federal Financial Management, Gov- Mr. BINGAMAN. I ask unanimous Whereas the Association of Medical Col- ernment Information, and Inter- consent that Ana Romero Jurrison and leges ranks Spelman College fifth among un- national Security be authorized to Lesley Henderson, interns in my office, dergraduate programs for African-American be permitted privileges of the floor students accepted to medical school, and meet on Thursday, July 27, 2006, at 2:30 Spelman is 1 of 6 institutions designated by p.m., for a hearing regarding ‘‘Respon- during the consideration of S. 3711. the National Science Foundation and the Na- sible Resource Management at the Na- The PRESIDING OFFICER. Without tional Aeronautics and Space Administra- tion’s Health Access Agency’’. objection, it is so ordered. tion as a Model Institution for Excellence in The PRESIDING OFFICER. Without Mr. BROWNBACK. Mr. President, undergraduate science and math education; objection, it is so ordered. thank you very much. First, I want to Whereas Spelman’s ninth President, Bev- erly Daniel Tatum, has initiated a strategic SUBCOMMITTEE ON TERRORISM, TECHNOLOGY, do a housekeeping piece of business. I plan for Spelman (‘‘Spelman ALIVE’’) that AND HOMELAND SECURITY ask unanimous consent that Kristina Rolph, a staffer with the Energy Com- includes 5 goals: Academic excellence, Lead- Mr. DEMINT. Mr. President, I ask ership development, Improving the infra- unanimous consent that the Com- mittee, be granted floor privileges for structure, Visibility of accomplishments of mittee on the Judiciary Subcommittee the consideration of S. 3711. the campus community, and Exemplary cus- on Terrorism, Technology and Home- The PRESIDING OFFICER. Without tomer service, all designed to create a vision land Security be authorized to meet to objection, it is so ordered. for Spelman of ‘‘Nothing Less Than the conduct a hearing on ‘‘Detecting Mr. PRYOR. Mr. President, I ask Best’’; and Smuggled Nuclear Weapons’’ on Thurs- unanimous consent that during the de- Whereas Spelman College has prepared more than 6 generations of African American day, July 27, 2006, at 2:30 p.m. in Dirk- bate on S. 3711, Amy Jasperson and David Mitchell, fellows in the office of women to reach the highest levels of aca- sen 226. The witness list will be pro- demic, community, and professional achieve- vided when it becomes available. Senator BILL NELSON, be granted the ment: Now, therefore, be it The PRESIDING OFFICER. Without privilege of the floor. Resolved, That the Senate— objection, it is so ordered. The PRESIDING OFFICER. Without (1) congratulates Spelman College on 125th SUBCOMMITTEE ON WATER AND POWER objection, it is so ordered. anniversary; and (2) commends the President of Spelman f Mr. DEMINT. Mr. President, I ask College, Dr. Beverly Daniel Tatum, and the unanimous consent that the Sub- CONGRATULATING SPELMAN COL- administration, faculty, staff, students, and committee on Water and Power of the LEGE ON ITS 125TH ANNIVER- alumnae of the College for their outstanding Committee on Energy and Natural Re- SARY achievements and contribution to African sources be authorized to meet during American education, history, and culture. the session of the Senate on Thursday, Mr. ISAKSON. Mr. President, I ask Mr. ISAKSON. Mr. President, I am July 27, 2006, at 2:30 p.m. unanimous consent that the Senate pleased to rise today and be joined by The purpose of the hearing is to re- proceed to the consideration of S. Res. my fellow Senator from Georgia, Sen- ceive testimony on S. 3638, to encour- 541 which was submitted earlier today. ator CHAMBLISS, in recognition of the age the Secretary of the Interior to The ACTING PRESIDENT pro tem- 125th anniversary of Spelman College. participate in projects to plan, design, pore. The clerk will report the resolu- Spelman College is a historically and construct water supply projects tion by title. Black college in the State of Georgia and to amend the Reclamation Waste- The legislative clerk read as follows: and a part of the Atlanta University water and Groundwater Study and Fa- A resolution (S. Res. 541) congratulating complex which is the largest consor- cilities Act to encourage the design, Spelman College upon its 125th anniversary. tium of historically Black universities planning, and construction of projects There being no objection, the Senate and colleges in the United States of to treat impaired surface water, re- proceeded to consider the resolution. America. claim, and reuse impaired ground- Mr. ISAKSON. Mr. President, I ask The resolution congratulates the stu- water, and provide brine disposal in the unanimous consent that the resolution dent body, the faculty, the founders, State of California; S. 3639, to amend be agreed to, the preamble be agreed and in particular Dr. Beverly Daniel

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8396 CONGRESSIONAL RECORD — SENATE July 27, 2006 Tatum, and the administration, the Harriet E. Giles, for the purpose of edu- and robotics research, all searches will faculty, and staff of Spelman College. cating African-American women and lead to Spelman. Spelman College was founded in At- girls. Located in Atlanta, GA, and Spelman graduates have gone on to lanta, GA, 1881 by Baptist missionaries started in the basement of the Friend- be professionals such as doctors, and teachers Sophia B. Packard and ship Baptist Church, the college has nurses, lawyers, teachers, engineers, Harriet E. Giles for the purpose of edu- come a long way from its beginnings, and chemists. I want to congratulate cating African-American women and growing into a 32-acre campus. Spelman College on their success and girls. Spelman is also a member of the larg- developing thousands of young women Due to the benevolence of John D. est group of historically black institu- into strong business and community Rockefeller, Sr.—Senator ROCKE- tions in the world including Morehouse leaders over the past 125 years. FELLER’s great-grandfather—and Laura University, the Morehouse School of I would also like to recognize the Spelman Rockefeller, the name of the Medicine, Clark Atlanta University, president of Spelman College, my institution was changed from Atlanta and the Interdenominational Theo- friend, Dr. Beverly Daniel Tatum, and Baptist Female Seminary to Spelman logical Center. the administration, faculty, staff, stu- Seminary in honor of the Spelman Spelman has a very diverse student dents and alumnae of the college for family. population with 2,100 students from 41 their leadership, outstanding achieve- A Rockefeller has since sat on the States and 15 foreign countries. In 2005, ments, and contributions that have Spelman College Board of Trustees, in- Spelman ranked among the top 75 lib- made Spelman such a fine institution cluding Senator ROCKEFELLER’s daugh- eral arts colleges according to U.S. and a great citizen of our State. It is ter, Valerie Rockefeller Wayne, who News & World Report. Eighty-four per- my most sincere hope that Spelman currently sits on the Board of Trustees. cent of the faculty at Spelman hold a will continue to thrive and prosper for Spelman later expanded its cur- Ph.D. or higher, and the student teach- many years to come. Mr. ROCKEFELLER. Mr. President, riculum to include high school and col- er ratio is 11 to 1, making Spelman a today I rise with my colleagues from lege classes, and conferred its first high top choice for African-American Georgia, Mr. ISAKSON and Mr. CHAM- school degree in 1887, and its first col- women to obtain an undergraduate de- BLISS, to congratulate Spelman College lege degree in 1901. gree. Many of their students seek ad- on the occasion of its 125th anniver- In 1924 Spelman Seminary became vance degrees. In 2000, Spelman ranked sary. Spelman College and grew to become a second in the country in placing Afri- Spelman College, then known as ‘‘At- leading undergraduate institution for can-American students in medical lanta Baptist Female Seminary,’’ was African-American women. schools. established in 1881 in Atlanta, GA, by The Federal Government has seen Spelman is ranked among the top 75 Sophia B. Packard and Harriet E. the promise that the students and fac- best liberal arts college according to Giles, schoolteachers and Baptist mis- ulty at Spelman possess and, in 2003, U.S. News and World Report, 2005 edi- sionaries, who created the school for the National Institutes of Health Na- tion. the purpose of educating African-Amer- tional Center for Minority Health and The Association of Medical Colleges ican women and girls. The institution ranks Spelman fifth among under- Health Disparities awarded the college kindly thanked my great-grandparents graduate programs for African-Amer- a $4.2 million grant for research to help John D. Rockefeller, Sr. and Laura ican students accepted to medical eliminate health disparities among mi- Spelman Rockefeller after their dona- school; and not surprisingly Spelman is nority groups. Spelman was one of only tion to the school by changing the one of six institutions designated by six institutions to receive this funding. school’s name to ‘‘Spelman Seminary’’ the National Science Foundation and Also in 2003, National Aeronautics and in honor of the Spelman family in 1924. NASA as a Model Institution for Excel- Space Administration, NASA Awarded I am enormously proud that my family lence in undergraduate science and the college with a $4.5 million grant to has been associated with this school for math. enhance its Women in Science and En- the last 80-plus years and of the The resolution also commends Dr. gineering, WISE, scholars program. achievements by the school and espe- Tatum for her excellent work and vi- Spelman College also realizes the cially its alumnae. Today, my daugh- sion of the future for the college. It need to give back to the African-Amer- ter, Valerie Rockefeller Wayne, serves further calls attention to her initiation ican community. With the help of Fed- on the board of trustees and she con- of a strategic plan for Spelman called eral funding, the school created the tinues our family’s proud connection to ‘‘Spelman ALIVE’’ that includes five Spelman College Health and Wellness this important institution. goals designated to create a vision of Initiative. This program is helping to The school grew to include high Spelman of academic, community, and gain a better understanding of the school and college classes and bestowed professional achievement: academic ex- many factors that impact the health of its first high school diplomas in 1887 cellence, leadership development, im- young African-American women. The and its first college degrees in 1901. The proving the infrastructure, visibility of Health and Wellness Initiative is also school expanded to become a leading accomplishments of the campus com- helping to create preventive strategies undergraduate institution for African- munity, and exemplary customer serv- for the unique circumstances that American women. In the 2005 edition of ice. apply to all African-American women. U.S. News and World Report, Spelman It is both an honor and privilege for These strategies are currently being College was ranked among the top 75 me today on behalf of the State of developed and used to prevent cancer, best liberal arts colleges. The Associa- Georgia and I think the Senate to cardiovascular diseases, diabetes, and tion of Medical Colleges ranks Spelman unanimously commend Spelman Col- HIV/AIDS in African-American women. College fifth among undergraduate pro- lege on its achievement of 125 contin- In 2005, six Spelman women qualified grams for Black students accepted to uous years of service to African-Amer- for the International RoboCup 2005 medical school and Spelman is one of ican women in the United States. Four-Legged Robot soccer competition six institutions designated by the Na- I yield the floor. in Osaka, Japan. The students created tional Science Foundation and the Na- The ACTING PRESIDENT pro tem- computer programs for the robots to tional Aeronautics and Space Adminis- pore. The Senator from Georgia. compete in the soccer tournament, re- tration as a Model Institution for Ex- Mr. CHAMBLISS. Mr. President, I quiring the robots play without human cellence in undergraduate science and rise today to join my friend and col- intervention. Of the 24 teams that math education. league, Senator ISAKSON from Georgia, qualified internationally, the SpelBots, We commend Spelman’s ninth presi- to congratulate Spelman College, the as the team is called, were the first and dent, Beverly Daniel Tatum, who has country’s oldest historically Black col- only Historically Black College and initiated a strategic plan for Spelman lege for women on its 125th anniver- University, the only all women institu- titled ‘‘Spelman ALIVE’’ that includes sary. tion, and the only United States under- five goals: academic excellence, leader- Spelman College was established in graduate institution to qualify for the ship development, improving the infra- 1881 by two school teachers and Baptist tournament. When looking back years structure, visibility of accomplish- missionaries, Sophia B. Packard and from now at historically Black colleges ments of the campus community, and

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 27, 2006 CONGRESSIONAL RECORD — SENATE S8397 exemplary customer service, all de- now proceed to the consideration of S. Whereas unsubstantiated allegations have signed to create a vision for Spelman of Res. 359. been made about the fate of children adopted ‘‘Nothing Less than the Best.’’ For 125 The PRESIDING OFFICER. The from Romania and the qualifications and years, Spelman has been at the fore- clerk will report the resolution by motives of those who adopt internationally; Whereas in June 2001, the Romanian Adop- front of education in our Nation, and title. tion Committee imposed a moratorium on with this plan I am confident it will The assistant legislative clerk read intercountry adoption, but continued to ac- continue to grow and thrive. as follows: cept new intercountry adoption applications Spelman College has prepared more A resolution (S. Res. 359) concerning the and allowed many such applications to be than six generations of African-Amer- Government of Romania’s ban on inter- processed under an exception for extraor- ican women to reach the highest levels country adoptions and the welfare of ordinary circumstances; of academic, community, and profes- phaned or abandoned children in Romania. Whereas on June 21, 2004, the Parliament sional achievement. My cosponsors Mr. There being no objection, the Senate of Romania enacted Law 272/2004 on ‘‘the pro- proceeded to consider the resolution. tection and promotion of the rights of the ISAKSON and Mr. CHAMBLISS and I also child’’, which creates new requirements for thank the administration, faculty, Mr. FRIST. Mr. President, I ask declaring a child legally available for adop- staff, students, and alumnae of the col- unanimous consent that the resolution tion; lege for their outstanding achieve- be agreed to, the preamble be agreed Whereas on June 21, 2004, the Parliament ments and contribution to African- to, and the motion to reconsider be laid of Romania enacted Law 273/2004 on adop- American education, history, and cul- upon the table. tion, which prohibits intercountry adoption ture. The PRESIDING OFFICER. Without except by a child’s biological grandparent or objection, it is so ordered. grandparents; f The resolution (S. Res. 359) was Whereas there is no European Union law or SENATE PHOTOGRAPHS agreed to. regulation restricting intercountry adoptions to biological grandparents or requiring Mr. FRIST. Mr. President, I ask The preamble was agreed to. that restrictive laws be passed as a pre- unanimous consent that the Senate The resolution, with its preamble, requisite for accession to the European now proceed to the consideration of S. reads as follows: Union; Res. 543, which was submitted earlier S. RES. 359 Whereas the number of Romanian children today. Whereas following the execution of Roma- adopted domestically is far less than the The PRESIDING OFFICER. The nian President Nicolae Ceausescu in 1989, it number abandoned and has declined further was discovered that more than 100,000 under- since enactment of Law 272/2004 and 273/2004 clerk will report the resolution by due to new, overly burdensome requirements title. fed, neglected children throughout Romania were living in hundreds of squalid and inhu- for adoption; The assistant legislative clerk read mane institutions; Whereas prior to enactment of Law 273/ as follows: Whereas citizens of the United States re- 2004, 211 intercountry adoption cases were A resolution (S. Res. 543) temporarily sus- sponded to the dire situation of these chil- pending with the Government of Romania in pending the Rules for the Regulation of the dren with an outpouring of compassion and which children had been matched with adop- Senate Wing of the United States Capitol assistance to improve conditions in those in- tive parents in the United States, and ap- and Senate Office Buildings for the purpose stitutions and to provide for the needs of proximately 1,500 cases were pending in of permitting the taking of photographs in abandoned children in Romania; which children had been matched with pro- the area of the Daily Press Gallery. Whereas, between 1990 and 2004, citizens of spective parents in Western Europe; and the United States adopted more than 8,200 Whereas the children of Romania, and all There being no objection, the Senate children, deserve to be raised in permanent proceeded to consider the resolution. Romanian children, with a similar response from the citizens of Western Europe; families: Now, therefore, be it Mr. FRIST. Mr. President, I ask Whereas the United Nations Children’s Resolved, That the Senate— unanimous consent that the resolution Fund (UNICEF) reported in March 2005 that (1) supports the desire of the Government be agreed to and the motion to recon- more than 9,000 children a year are aban- of Romania to improve the standard of care sider be laid upon the table. doned in Romania’s maternity wards or pedi- and well-being of children in Romania; The PRESIDING OFFICER. Without atric hospitals and that child abandonment (2) urges the Government of Romania to objection, it is so ordered. in Romania in ‘‘2003 and 2004 was no different complete the processing of the intercountry from that occurring 10, 20, or 30 years ago’’; adoption cases which were pending when The resolution (S. Res. 543) was Law 273/2004 was enacted; agreed to, as follows: Whereas there are approximately 37,000 orphaned or abandoned children in Romania (3) urges the Government of Romania to S. RES. 543 today living in state institutions, an addi- amend its child welfare and adoption laws to Resolved, That— tional 49,000 living in temporary arrange- decrease barriers to adoption, both domestic (1) paragraph 1 of rule IV of the Rules for ments, such as foster care, and an unknown and intercountry, including by allowing the Regulation of the Senate Wing of the number of children living on the streets and intercountry adoption by persons other than United States Capitol and Senate Office in maternity and pediatric hospitals; biological grandparents; Buildings (prohibiting the taking of pictures Whereas, on December 28, 1994, Romania (4) urges the Secretary of State and the in the Senate Chamber) shall be temporarily ratified the Hague Convention on Protection Administrator of the United States Agency suspended for the purpose of permitting the of Children and Co-operation in Respect of for International Development to work col- taking of photographs in the area of the Intercountry Adoption which recognizes that laboratively with the Government of Roma- Daily Press Gallery; ‘‘intercountry adoption may offer the advan- nia to achieve these ends; and (2) photographs permitted under paragraph tage of a permanent family to a child for (5) requests that the European Union and (1) may only be taken at a time when the whom a suitable family cannot be found in its member states not impede the Govern- Senate is in recess; his or her State of origin’’; ment of Romania’s efforts to place orphaned (3) photographs permitted to be taken Whereas intercountry adoption offers the or abandoned children in permanent homes under paragraph (1) may only be used in rela- hope of a permanent family for children who in a manner that is consistent with Roma- tion to United States District Court Civil are orphaned or abandoned by their biologi- nia’s obligations under the Hague Conven- Action No. 04-0026; and cal parents; tion on Protection of Children and Co-oper- (4) the Sergeant at Arms of the Senate is Whereas UNICEF’s official position on ation in Respect of Intercountry Adoption. authorized and directed to make the nec- intercountry adoption, in pertinent part, f essary arrangements for implementation of states: ‘‘For children who cannot be raised paragraph (1), which arrangements shall pro- by their own families, an appropriate alter- EXECUTIVE SESSION vide that there will be no disruption to the native family environment should be sought business of the Senate. in preference to institutional care, which MUTUAL LEGAL ASSISTANCE f should be used only as a last resort and as a temporary measure. Inter-country adoption TREATY WITH GERMANY GOVERNMENT OF ROMANIA’S BAN is one of a range of care options which may Mr. FRIST. Mr. President, I ask ON INTERCOUNTRY ADOPTIONS be open to children, and for individual chil- unanimous consent that the Senate AND THE WELFARE OF OR- dren who cannot be placed in a permanent proceed to executive session to con- family setting in their countries of origin, it PHANED OR ABANDONED CHIL- sider the following treaty on today’s DREN IN ROMANIA may indeed be the best solution. In each case, the best interests of the individual Executive Calendar: No. 13. I further Mr. FRIST. Mr. President, I ask child must be the guiding principal in mak- ask unanimous consent that the treaty unanimous consent that the Senate ing a decision regarding adoption.’’; be considered as having passed through

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8398 CONGRESSIONAL RECORD — SENATE July 27, 2006 its various parliamentary stages, up to U.S. SENATE, Resolved (two-thirds of the Senators present and including the presentation of the COMMITTEE ON FOREIGN RELATIONS, concurring therein), resolution of ratification; that any Washington, DC, April 6, 2006. The Senate advised and consents to the Hon. ALBERTO R. GONZALES, ratification of the Treaty between the statements be printed in the CONGRES- Attorney General of the United States, United States of America and the Federal SIONAL RECORD as if read; and that the Washington, DC. Republic of Germany on Mutual Legal As- Senate proceed to a vote on the resolu- DEAR JUDGE GONZALES: Pending before the sistance in Criminal Matters, signed at tion of ratification; and further, that Senate is a Treaty on Mutual Legal Assist- Washington on October 14, 2003, and a related when the resolution of ratification is ance in Criminal Matters with Germany exchange of notes (Treaty Doc. 108–27). voted on, the motion to reconsider be (Treaty Doc. 108–27). f laid upon the table, the President be Article 12(1) of the Treaty provides that notified of the Senate’s action, and each party may request that the other party, LEGISLATIVE SESSION that following the disposition of the ‘‘under the conditions prescribed by its domestic law, take the necessary steps for the The PRESIDING OFFICER. Under treaty, the Senate return to legislative surveillance of telecommunications.’’ the previous order, the Senate will now session. I write to request that you confirm that return to legislative session. The PRESIDING OFFICER. Without the Treaty does not authorize warrantless f objection, it is so ordered. surveillance, including any surveillance au- Mr. BIDEN. Mr. President, I support thorized by the program of surveillance on ORDERS FOR FRIDAY, JULY 28, 2006 the Treaty on Mutual Legal Assistance which you testified before the Committee on Mr. FRIST. Mr. President, I ask with Germany, a close and trusted the Judiciary on February 6, 2006. unanimous consent that when the Sen- partner with the United States on law Sincerely, ate completes its business today, it enforcement matters. JOSEPH R. BIDEN, Jr., Ranking Minority Member. stand in recess until 10 a.m. on Friday, I would like to address one issue that July 28. I further ask unanimous con- arose during the review of the treaty. U.S. DEPARTMENT OF JUSTICE, sent that following the prayer and Article 12(1) of the treaty provides that OFFICE OF LEGISLATIVE AFFAIRS, pledge, the time for the two leaders be ‘‘Each Party may at the request of the Washington DC, July 3, 2006. reserved, and the Senate proceed to a other Party, within its possibilities Hon. JOSEPH R. BIDEN, Jr., period for the transaction of morning and under the conditions prescribed by Ranking Minority Member, Committee on For- business, with Senators permitted to eign Relations, U.S. Senate, Washington, its domestic law . . . take the nec- speak for up to 10 minutes each. essary steps for the surveillance of DC. DEAR SENATOR BIDEN: This responds to The PRESIDING OFFICER. Without telecommunications.’’ objection, it is so ordered. After the revelation last December of your letter, dated April 6, 2006, to the Attor- ney General inquiring whether Article 12(1) f the program of warrantless surveil- of the Treaty on Mutual Legal Assistance in lance by the National Security Agency, Criminal Matters with Germany would au- PROGRAM NSA, the question arose whether the thorize warrantless surveillance, including Mr. FRIST. Mr. President, today the treaty would provide another pur- under the Terrorist Surveillance Program Senate continued consideration of S. ported legal authority for the NSA pro- described by the President. 3711, the gulf coast Energy bill. This gram. My view is that it does not. But By its terms, Article 12 would provide that ‘‘[e]ach Party may at the request of the morning we filed cloture on the bill, the President’s lawyers have proffered and that cloture vote will occur at 5:30 highly dubious theories for the pro- other Party, within its possibilities and under the conditions of its domestic law[ (1)] p.m. on Monday. I encourage Senators gram, and the Senate should not make take the necessary steps for the surveillance to come to the floor on Friday to speak assumptions about what the executive of telecommunications.’’ (Emphasis added.). on the Energy bill. branch thinks about a treaty, because Accordingly, the Treaty would not enlarge I notified all Senators actually about ultimately it is the President, not the existing surveillance authorities. a week ago that we would be voting for Senate, who is charged with ‘‘faithfully The Terrorist Surveillance Program is a sure next Monday. Although we are executing’’ it. So I asked the executive narrowly focused early warning system, tar- doing our best to accommodate Sen- branch its legal view about whether geting for interception only those inter- ators, it is a very important vote, and the treaty provides any additional national communications for which there is probable cause to believe that at least one of we will be having it at 5:30 p.m. on legal authority for electronic surveil- the parties to the communication is a mem- Monday. I ask Senators to adjust their lance—whether for the NSA program or ber or agent of al Qaeda or an affiliated ter- schedules so they can be here. any other program. rorist organization. It is a critical intel- On April 6, 2006, I wrote the Attorney ligence tool for protecting the United States f General of the United States to ask from another catastrophic al Qaeda attack ADAM WALSH BILL him to confirm that the treaty does in the midst of an armed conflict. It is not a Mr. FRIST. Mr. President, I opened not authorize warrantless surveillance. means of collecting information for foreign my remarks tonight to say there are a On July 3, after nearly 3 months of de- criminal investigations. In sum, the MLAT with Germany would in lot of issues being considered. Let me liberation, the Department of Justice no way expand current authority under U.S. responded to my letter. Why it took so in closing mention a great event we law to conduct electronic surveillance. We had today for a bill that will get a fair long to answer this simple question is hope this information is helpful. Please do unclear. But the response itself is amount of attention—but not the at- not hesitate to contact this office if we may tention it deserves—in affecting peo- clear: the Justice Department letter be of assistance with future matters. concludes that the treaty with Ger- Sincerely, ple’s lives in a very direct way. It is many would ‘‘in no way expand current WILLIAM E. MOSCHELLA, called the Adam Walsh bill, named for authority under U.S. law to conduct Assistant Attorney General. a little boy, 6 years of age, who died 25 electronic surveillance.’’ Mr. FRIST. Mr. President, I ask for a years ago today. I welcome the Justice Department’s division vote on the resolution of rati- The bill addresses an issue that has response. While I may disagree with fication. been highlighted a lot, most recently the Department about the scope of the The PRESIDING OFFICER (Mr. on television, that has to do with sex- current authority under U.S. law to ALLEN). A division is requested. Sen- ual predators which had been facili- conduct electronic surveillance, I agree ators in favor of the resolution of rati- tated a lot by the Internet. This bill es- with the Department’s interpretation fication will rise and stand until count- tablishes two registries. One is for sex- that Article 12(1) does not expand that ed. ual predators. Right now there are authority. Those opposed will rise and stand about 500,000 we know of in this coun- I urge all Senators to support this until counted. try; 100,000 we don’t know where they treaty. On a division, two-thirds of the Sen- are. It establishes a registry across the I ask unanimous consent that both ators present and voting having voted country, a national registry. letters be printed in the RECORD. in the affirmative, the resolution of In addition, it will develop a child There being no objection, the mate- ratification is agreed to. abuse registry which builds on the rec- rial was ordered to be printed in the The resolution of ratification reads ommendations and sponsorship ini- RECORD, as follows: as follows: tially of a wonderful nonprofit group

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 27, 2006 CONGRESSIONAL RECORD — SENATE S8399 that focuses on the tragedy associated ricanes, and we haven’t had spills. The nuclear powerplant in America. We with child abuse, but also more con- technology has increased incredibly haven’t built one in 30 years in this structively and optimistically about well. There has not been a significant country. what we need to do. That is called spill in 26 years, and that one was such What I am saying to the American Childhelp, stationed in Arizona. Sen- that it did not reach the shores of the people who may be listening tonight, ator KYL is very familiar with it. United States. The last spill that re- and to my colleagues, is that our job is One huge disappointment, though, sulted at all from a well impacting the not to help nuclear power companies. that occurred this week is that we coastal areas was 37 years ago in Cali- Our job is not to help oil companies. passed another bill 2 days ago, the fornia, and that ended the drilling off Our job is to try to provide safe and Child Custody Protection Act, which the coast. But we are so much better environmentally good energy sources focuses on a real tragedy that occurs today. We have so many ways to avoid to our people at the lowest possible today, and that is young girls taken, that, and it is just not happening. rate. When the price of gasoline goes not by their parents, across State lines Also, we dealt with the allegation up substantially, people who are pay- in order to get an abortion without no- that this is all for big oil companies. ing $150 a month for their gasoline now tifying their parents, flouting the law That is exactly wrong. may be paying $225 a month. They may and not notifying their parents or get- All of the oil companies will not bid be paying $75 more each month out of ting the consent of their parents. on the lands in the gulf that will be al- their paycheck, money that they want We passed that bill overwhelmingly, lowed for production under this legisla- to spend on their children, money they with 65 votes, on the floor of the Sen- tion. Most of them—probably most of need to repair their vehicle, money ate. It passed the House of Representa- them—won’t even bid on it. A number they need to pay their rent. People are tives months ago, and we are ready to will and a number won’t. Those who struggling. We need to be thinking of go to conference on that particular don’t bid already have reserves some- ways to reduce the cost of energy. Nu- bill. where else, and sizable increases in pro- clear power is one of those ways. It is very important we go to con- duction of natural gas or oil from the I have just had a recent meeting with ference to put an end to this tragedy Gulf of Mexico will drive down the the people at TVA, the Tennessee Val- which occurs all too often in this coun- value of their reserves. They probably ley Authority, created by Government try. We tried to go to conference. The don’t even want the oil and gas pro- agents, created by Franklin Roosevelt. Democrats on the other side specifi- duced out there, if they already have They are producing nuclear power at cally rejected our proposal to go to substantial reserves. That is a bogus about 1.2 cents a kilowatt hour—1.2 conference. We put forth a unanimous argument, the kind that I hope is be- cents. Coal is about 1.8 cents. That is 50 consent request which was denied, and yond the Senate. But I hear it is still percent more expensive. Nuclear power that is a real tragedy. echoing a bit. is 50 percent less expensive than coal. I will not proffer that unanimous I think some maybe just hate fossil And natural gas that is being used consent request again right now, but fuels, so they don’t want us to have fos- quite a bit is about 6 cents—five times we will be doing so over the coming sil fuels anymore in America. I would as much. So we need more nuclear days. The Democrats have made it very like to see us move to nuclear and do power and we need to burn a lot less clear that they are going to obstruct some other things, too. Why don’t they natural gas for electricity and we can the regular order of business in going object to us going down to Venezuela burn less coal also because it is not a to conference. I am very disappointed, and paying hundreds of millions of dol- very clean fuel. We are doing better and I think it is absolutely wrong. lars to Hugo Chavez for his oil that we with coal, but it is still not nearly as f bring over here or Saudi Arabia or clean as nuclear power. Iran’s oil or Middle Eastern oil in any So I say there is a whole host of ORDER FOR RECESS number of areas or Russian oil and gas. things we can do to meet the legiti- Mr. FRIST. Mr. President, if there is We are not going to stop this. We are mate pleas of our constituents to do no further business to come before the going to use oil and gas in America, so something about the high cost of en- Senate, I ask unanimous consent that why don’t we produce it on our lands ergy. the Senate stand in recess under the and keep our money at home. Natural gas heats a great many previous order, following the remarks I would just note that last year, in homes in America. It provides the en- of Senator SESSIONS for up to 10 min- the balance of payments deficit that we ergy for all kinds of industrial produc- utes. have, the record balance of payments tion. I visited a chemical plant re- The PRESIDING OFFICER. Without deficit, $200 billion of that deficit was cently. They are exceedingly concerned objection, it is so ordered. our money we spent in other countries about the additional costs they have f for oil and gas—$200 billion. That is a sustained simply as a result of the dou- lot. A big part of our trade deficit is on bling of the price of natural gas. Trust GULF OF MEXICO ENERGY BILL this one resource. So why in the world me. If these wells are producing in the Mr. SESSIONS. Mr. President, I wouldn’t we want to keep that money gulf, as will be authorized by this bill, thank the leader, and I join with him at home to produce jobs here, to it will significantly impact the price of in his excitement in seeing the health produce incomes to Americans who will natural gas in the United States. So care technology bill move. I know how pay taxes to the U.S. Government in- that is the kind of approach we are try- much work he has put into it as a stead of having to go to these other ing to bring to bear on producing more member of the HELP Committee. I countries. at home. have watched that bill for some time, Oddly, I just have to note parentheti- Then there is one other argument and it would be a tremendous thing. It cally that we have done something that people have complained about, will save lives and reduce errors. Er- after many years of battling that is im- and that is revenue sharing. They say rors mean people stay in hospitals portant. In the Energy bill we passed that States should not get any of the longer and become disabled more, and last year, we had some improvements money out of this. We have been trying many of them die. So reducing errors is in the law relating to nuclear power. to expand the gulf drilling for quite a a great thing and will help us maintain Nuclear power can reduce our demands number of years and had no success, this fabulous health care system we for natural gas significantly. There was really. It is time to get serious about have, and at the same time, not have a long battle over a number of years. it. I believe we can make a break- costs go through the roof. So I am ex- Senator DOMENICI worked on it hard. through this year. We got, now, both cited about that also. We made those changes, we put them Senators from Florida to say they Mr. President, I asked the question in the law, and at that time we had not would support this bill. They studied it earlier: What are people objecting to a single preliminary request for build- very carefully, as strongly as Florida is about this Energy bill? We went ing a nuclear power plant in this coun- committed to environmental purity through the environmental concerns, try. Since that Energy bill passed, along their coast. I respect it, but I am and I pointed out that we have 4,000 there are now 18 out there—18 prelimi- telling you they are very committed to wells which survived some vicious hur- nary requests—to consider building a it. They want us to produce our oil and

VerDate Mar 15 2010 20:22 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27JY6.REC S27JY6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8400 CONGRESSIONAL RECORD — SENATE July 27, 2006 gas off our coast and put it in that countries when we could keep it at HEALTH SERVICE SUBJECT TO QUALIFICATIONS THERE- FORE AS PROVIDED BY LAW AND REGULATIONS: pipeline that runs from Mobile, AL, to home by producing large amounts off To be senior surgeon Tampa, FL. That is what we are doing our gulf coast. JUDITH LOUISE BADER right now. They built, in 2002, an oil Just to mention those amounts, they VICTOR M. CACERES and gas pipeline right off our coast, are quite huge. It is 1.3 billion barrels MICHAEL A. CAROME DAVID K. ESPEY and shipped it over there. But they do of oil that are projected to be in the WALTER G. HLADY not want oil drilling 150 miles from Gulf of Mexico. That exceeds the prov- ROLAND HOWARD LAMKIN ANTHONY W. MOUNTS their coast. en reserves of Oklahoma and Wyoming BRENT PENNINGTON We are working this out now. We are combined, two of our largest oil-pro- DOUGLAS B. TROUT giving them a guaranteed protection of ducing States. There are almost 6 tril- To be surgeon 125 miles. The Governor, Jeb Bush, is lion cubic feet of natural gas, enough TECORA DENEICE BALLOM on board now and Senators are on to heat and cool 6 million homes for 15 STEPHANIE ROSE BIALEK MARIA VICTORIA CANO board so maybe we are making years, for example. These supplies are SCOTT K. FRIDKIN progress. I think we have more protec- significant enough that they will im- DAVID M. FRUCHT DAVID PHILIP GOLDMAN tion than is justified. But it will allow pact prices. I can’t say what the prices JAMES P. HENDRICKS us, probably, to have as much territory will be a few years from now when this JOHN K. ISKANDER CHARLES EDWARD LEE available to drill in as we could drill in oil and gas comes on line, but whatever MICHAEL TIMOTHY MARTIN for the foreseeable future. So maybe it is, it will be less if this oil and gas CATHERINE ANNA MCLEAN JONATHAN H. MERMIN that will be acceptable under all the is coming on line than if it is not. LORI MARIE NEWMAN circumstances. That will redound to the benefit of NANCY E. ROSENSTEIN TARAZ SAMANDARI But they object to revenue sharing so the American consumers that we rep- BRUCE COLLIER TIERNEY States get a little part of it. One of our resent—the ones who have sent us here WEIGONG ZHOU Senators, Mr. BINGAMAN from New and asked us to do something about en- To be senior assistant surgeon Mexico, has complained about it. We ergy prices. All of us have told them we DANIEL SETH BUDNITZ are going to do something about it. SOJU CHANG should not have any revenue sharing. CATHERINE CHIA-SHINE CHOW We had 4,000 wells out there, all these This is one vote about which you can NANCY WATSON KNIGHT deep gulf wells, and the States don’t have no doubt. If you vote to produce DIANNA L. MAHONEY JAY KUMAR VARMA get a dime out of it—not a dime. But a oil and gas off the coast of America, To be senior dental surgeon State like New Mexico that has a lot of you will help reduce the price of oil and WILLIAM F. CATELLI II oil and gas and a great deal of federally gas in America. Not only that, you will ELMER J. GUERRERO owned lands in those States, what do keep at home billions of dollars that SUZANNE KAY SAVILLE they get? They get 50 percent of that. might otherwise be sent to foreign na- To be dental surgeon This will be just a little over a third; 37 tions, some of which are hostile to us. ANITA FARUQI ARNOLD percent would be shared with the It is the right thing to do. We need to MOHAMED K. AWAD MICHAEL J. MCLAUGHLIN coastal States and would be earmarked follow through on it. AARON R. MEANS, SR. for coastal funds—12 percent for the I am optimistic more than I have ROSS W. SILVER RICHARD DEAN STRICKLIN Land and Water Conservation Fund na- been in quite a number of years. It is To be senior assistant dental surgeon tionwide, and 50 percent to the Federal particularly thrilling to see Senator MARTINEZ of Florida, who has worked SCOTT WILLIAM BROWN Government. These are moneys, new STEPHANIE M. BURRELL moneys coming into the Treasury of so hard on this issue, and Senator BILL WILLIAM J. ESPOSITO NELSON from Florida, who earlier LAURA REGINA FUENTES the United States that do not exist PAMELA F. HAMILTON today. Until we get this approval and today said he would support the Senate CRAIG S. KLUGER bill. ANTHONY LAWRENCE LIKES this moratorium lifted, we are not MICHAEL JEFFREY OVERBECK going to have any money. You know, So we are moving to make this a re- ANGIE J. ROACH ality. It will be a positive step for this JAMES W. SULLIVAN until we reach accord here and lift this BRIDGET R. SWANBERG-AUSTIN moratorium and allow the drilling to country. The only thing we have to LEIRA A. VARGA-DEL TORO fear is there will be some on the other MELISSA JEAN WAGES occur, we are not going to have any RANDLE LEE WELLS money. side for what reason I can only imagine STELLA YUK KWAN LAU WISNER So it is not a taking from the Treas- who will want to filibuster this legisla- To be senior nurse officer ury of the United States. It is an in- tion. Hopefully that won’t happen. I JEFFRY L. BRINKLEY crease to the Treasury of the United hope not. We need to move it forward SHEILA D. CARNES MARY HARDING States, and we should see it in that and pass it this year. ROSA F. MYERS fashion. I thank the Presiding Officer and I LAURA E. SHAY The gulf coast has environmental yield the floor. JEANETTE P. STUBBERUD To be nurse officer problems of quite a large degree. We f had severe hurricane damages on our LARRY ALONSO RECESS UNTIL 10 A.M. TOMORROW LYDIA ALVAREZ coast. The whole area—whole areas in YVONNE L. ANTHONY Louisiana are sinking, and we will have The PRESIDING OFFICER. Under LINDA JO BELSITO the previous order, the Senate stands PAULA ANITA BRIDGES to spend large amounts of money to ANNETTE ROSEMARY DEBISETTE deal with that. So there are a lot of in recess until Friday, 10 a.m., July 28, DAVID J. DINTELMAN ALEX GARZA things that this money could be used 2006. Thereupon, the Senate, at 7:26 p.m., WANDA W. GONZALEZ for that benefit, not just the people of TIMOTHY G. GRUBER recessed until Friday, July 28, 2006, at BLONDELL W. JOHNSON those States but all the many hundreds 10 a.m. RUTH KAWANO and thousands—millions, really—of KATHLEEN L. KNECHT f DOROTHEA E. LEVENHAGEN visitors that come to the gulf coast SUZANNE V. LIPKE areas every year. We will set up estu- NOMINATIONS DONNA M. RIBBONS LINDA M. SCOTT aries, wetlands, and things that will Executive nominations received by BEVERLY ANN SMITH MICHAEL M. STEELE just make the area better. We would the Senate July 27, 2006: like to do that for the Nation and not To be senior assistant nurse officer DEPARTMENT OF JUSTICE just Alabama. DAWN ANN-MARIE ANDERSON-GARY I think the objections are not sub- DEBORAH JEAN JOHNSON RHODES, OF ALABAMA, TO BE VALENE NANCY BARTMESS UNITED STATES ATTORNEY FOR THE SOUTHERN DIS- MARIE A. CASEY stantial. I believe it is time for us to TRICT OF ALABAMA FOR THE TERM OF FOUR YEARS, WANDA D. CHESTNUT complete this step. We are at record VICE DAVID PRESTON YORK, RESIGNED. SUSANNA NANSHIM CHOI RODGER A. HEATON, OF ILLINOIS, TO BE UNITED PAMELA M. COOK prices for oil. How do we get our oil? STATES ATTORNEY FOR THE CENTRAL DISTRICT OF IL- SEAN TYLER CREIGHTON Sixty percent of it we obtain from for- LINOIS FOR THE TERM OF FOUR YEARS, VICE JAN PAUL EILEEN MARY FALZINI MILLER, RESIGNED. SUZANNE S. M. FILLIPPI eign sources. So we pay this world PUBLIC HEALTH SERVICE REBECCA ANNE FOX price, transferring $200 billion in Amer- DION ERIC FRANKLUND THE FOLLOWING CANDIDATES FOR PERSONNEL AC- EDDIE L. FRAZIER ican wealth out of our country to those TION IN THE REGULAR COMPONENT OF THE PUBLIC ANDREA M. GRIEP

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TROY L. JOHNSON JILL G. REID IN THE ARMY CHARLES MICHAEL KERNS NITA SOOD TERRY KILPATRICK TODD MICHAEL STANKEWICZ THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JEFFREY D. KROUSKOP BRENDA LUCY STODART IN THE UNITED STATES ARMY TO THE GRADE INDICATED THEL MOORE, JR. MELVIN P. TEMPEL UNDER TITLE 10, U.S.C., SECTION 624: FERREL V. NELSON TODD A. WARREN ANITA E. POLLARD CHRISTINE HEEKYUNG YU To be brigadier general WILLIAM F. REKWARD CARROLL F. POLLETT, 0000 SHERBET LENORA SAMUELS To be senior assistant pharmacist TANIA EVA SCHUPPIUS IRENE AHLSTROM THE FOLLOWING NAMED OFFICER FOR APPOINTMENT HELEN S. THIRY-CHMELA MITZIE ALTHEA ALLEN TO THE GRADE INDICATED IN THE UNITED STATES ARMY SEAN-DAVID A. WATERMAN ROBIN ANN BARTLETT MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- JENNIFER L. WILLIAMS BRADLEY MICHAEL BISHOP TIONS 624 AND 3064: TRACIE L. WRIGHT MICHAEL P. BOURG To be lieutenant colonel To be assistant nurse officer TIMOTHY R. BOWMAN RENU CHHABRA DAVID W. WILSON, 0000 GERI L. TAGLIAFERRI SHANNON LIN CORNELL DARYL K. DINEYAZHE-TOYA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be senior engineer officer MICHAEL A. EDDY TO THE GRADE INDICATED IN THE UNITED STATES ARMY DANA JAY BAER DARYL K. GARVIN UNDER TITLE 10, U.S.C., SECTION 624: DEAN TREVOR GOROSKI To be engineer officer ROBERT W. HAYES To be lieutenant colonel GARY BRENT HOBBS LISA M. WEIDE, 0000 MARC M. FLEETWOOD MARCI CATALANO KIESTER ROBIN M. HOLDEN CHRISTOPHER CLAYTON LAMER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SCOTT R. SNELL JOY ELLEN LEE TO THE GRADE INDICATED IN THE UNITED STATES ARMY To be senior assistant engineer officer MICHAEL P. LEE AND FOR REGULAR APPOINTMENT UNDER TITLE 10, CHRISTINA CATHERINE MEAD U.S.C., SECTIONS 531 AND 624: NEIL W. AUSTIN NINA CYNTHIA MEZU-NWABA SEAN M. BOYD JEFFREY TAUFIC MOUAKKET To be major CHRISTEN P. GLIME TIMOTHY MICHAEL MURRAY KERRY K KING, 0000 LEONARD E. HOTHAM BRIAN MATTHEW NAROG ERIC R. LINDMAN AMY L. OSBORN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOHN DAVID MAZORRA LAURA LEA PINCOCK TO THE GRADE INDICATED IN THE UNITED STATES ARMY THOMAS J. MOELLER VASAVI TIRUMURA REDDY MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- JENNIFER E. MOSSER NORA LYNN ROSELLE TIONS 624 AND 3064: MARK A. NASI KENNETH R. SAY KENNETH J. RAMONDO RYAN RUSSELL SCHUPBACH To be major JONATHAN KENNEDY RASH NATHALIE RENEE SEOLDO LAWRENCE N. PETZ, 0000 To be senior scientist MAYA ANGELOU THOMPSON QUYEN TINH TIEN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DEBORAH A. LEVY TAMI N. VAUGHAN TO THE GRADE INDICATED IN THE UNITED STATES ARMY REBECCA L. SHEETS GERARDO ZENON VAZQUEZ NURSE CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND BRIAN R. WREN 3064: To be scientist CATHERINE C. YU MARYJO ZUNIC To be colonel CHRISTINE JEAN BENALLY HEIDI LYNN BLANCK To be dietitian YOLANDA RUIZISALES, 0000 JOHN JOSEPH ECKERT LAURENCE M. GRUMMER-STRAWN ANN MARIE STATEN THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE UNITED STATES OFFICERS FOR APPOINTMENT TO To be senior assistant scientist To be senior assistant dietitian THE GRADE INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTION 12203 AND 12211: BORIS R. APONTE JANIS RAE ARMENDARIZ ANGELA DINKINS COLEMAN To be therapist To be colonel RHONDA LYNN KOCH LISA NICOLE PEALER RITA BAKSHI SHAPIRO PAUL G. ARBOUR, 0000 DAVID ALAN THOMPSON GARY WILLIAM SHELTON RALPH E. BAILEY, 0000 BETH CARLTON TOHILL THOMAS H. BLACKSTOCK, JR., 0000 To be senior assistant therapist MARTA CARCANA, 0000 To be sanitarian MARIA LEOLA BACILIO DAVID W. CAREY, 0000 CHRIS B. BUCHANAN KAREN EMI KAJIWARA-NELSON KENNENTH T. CHAMBERLAIN, 0000 MARSHALL S. GRAY, JR. JON MICHAEL SCHULTZ RICHARD T. CURRY, 0000 PATRICK J. HINTZ JODI ANNE TANZILLO GORDON L. ELLIS, 0000 GARY DAVID PERLMAN RUSSEKK N. FEASTER, 0000 EDWIN VAZQUEZ To be health services officer WENDUL G. HAGLER II, 0000 DANIEL R. HOKANSON, 0000 To be senior assistant sanitarian MARCIA FAYE BRITT DAVID W. MAJOR, 0000 VALERIE ANTOINETTE DARDEN CLIFFORD D. MCCABE, 0000 JASON EDWARD BARR GAIL ANN DAVIS DENNIS R. MILLER, 0000 MARK A. BYRD RAFAEL ALBERTO DUENAS BRIAN A. MONTAGUE, 0000 DAVID B. CRAMER SHANNON B. FARR GREGORY C. PORTER, 0000 CELESTE L. DAVIS WANDA L. FINCH JAMES E. PORTER, JR., 0000 THOMAS M. FAZZINI JANELLE M. FROELICH SCOTT H. SCHOFIELD, 0000 JENNIFER A. FREED JANET LYNNE HAWKINS SCOTT R. SMITH, 0000 BRIAN K. JOHNSON SHARYN MARIE HEALY RONNIE M. STRONG, 0000 TINA J. LANKFORD JOHN DENNIS JAWORSKI DAVID A. STUCKEY, 0000 DINO ANTHONY MATTORANO DANA CORNELIUS JONES JAMES E. TAYLOR, 0000 ROBERT E. MCCLEERY STEPHEN CHRISTOPHER KELLER DAVID S. VISSER, 0000 STEPHEN ROBERT PIONTKOWSKI ARNOLD KETCHUM WILBUR E. WOLF III, 0000 KEITH A. SCHWARTZ ELIJAH K. MARTIN, JR. JAMES P. WONG, 0000 JOHN W. SPRIGGS BARBARA A. MASSEY JAMES M. ZARLENGO, 0000 MARK TURNER STRAUSS SHEILA PACK MERRIWEATHER CRAIG RICHARD UNGERECHT DAVID JOSEPH MORRISSETTE IN THE MARINE CORPS DENNIS SCOTT SLATE To be senior veterinary officer GAIL S. WILLIAMS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES MA- CLARA JOSTING WITT GINA BURROUGHS WOODLIEF RINE CORPS AND FOR REGULAR APPOINTMENT UNDER To be veterinary officer To be senior assistant health services officer TITLE 10, U.S.C., SECTIONS 624 AND 531: KIM D. TAYLOR LORRAINE NINO ALEXANDER To be major MARK A. BRYANT To be senior assistant veterinary officer JENNIFER MARIE CARD ROBERT J. GALLAGHER, 0000 MICHELLE ANDERSON COLLEDGE PRINCESS ROSE CAMPBELL ALI BEY DANNER IN THE NAVY To be senior pharmacist DIONE MARIE HARJO THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR NANCY RENATA MAUTONE-SMITH APPOINTMENT TO THE GRADES INDICATED IN THE DANIEL A. DIGGINS, JR. RHONDA LYNN PLAKE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION MURRAY F. POTTER JAMES R. REID II 531: CATHERINE T. SALISBURY To be pharmacist JAMIE ROBERT SELIGMAN To be commander CHRISTINE S. CASTILLO TORRIS CRAIG SMITH GEORGE A. QUIROA, 0000 MICHELLE DILLAHUNT SHERRY L. TAYLOR SAMUEL LOREN FOSTER To be assistant health services officer To be lieutenant commander SUSAN J. FREDERICKS MARY ELIZABETH KREMZNER TRACY JACINDA BRANCH JASON O. HEATON, 0000 NITIN KANTILAL PATEL JENNIFER ANN DIPIETRA PATRICK M. MCGILL, 0000 DAVID L. RANSOM RAQUEL ANTONIA PEAT JOYCE C. ROSS, 0000

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THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROBERT W. WITZLEB, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 624: UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be commander To be commander UNDER TITLE 10, U.S.C., SECTION 624: CRISTAL B. CALER, 0000 MATTHEW I. BORBASH, 0000 To be commander KEVIN L. CRABBE, 0000 MARC C. ECKARDT, 0000 TRENT R. DEMOSS, 0000 MICHAEL A. KUYPERS, 0000 LARRY J. CARPENTER, 0000 MARK DOVER, 0000 BRETT S. MARTIN, 0000 JEFF A. DAVID, 0000 ROBERT B. FARMER, 0000 CATHERINE MCDOUGALL, 0000 JEFFREY D. GORDON, 0000 DAVID FERREIRA, 0000 MICHAEL J. ROTH, 0000 BRENDA K. MALONE, 0000 ALBERT R. MEDFORD, 0000 FRANK M. SCHENK, JR., 0000 CARLA M. MCCARTHY, 0000 CHARLES K. NIXON, 0000 WILLIAM L. SOMMER, 0000 JENSIN W. SOMMER, 0000 KIMBERLY J. SCHULZ, 0000 TROY J. TWOREK, 0000 PAULINE A. STORUM, 0000

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RECOGNIZING MARY SCOTT-HALL in Travel and Tourism was developed by End DISTURBING ECONOMIC TRENDS IN Child Prostitution Child Pornography and Traf- PUERTO RICO HON. SAM GRAVES ficking of Children for Sexual Purposes, OF MISSOURI ECPAT, along with World Tourism Organiza- HON. EDOLPHUS TOWNS IN THE HOUSE OF REPRESENTATIVES tion, WTO, and has been funded by the OF NEW YORK Thursday, July 27, 2006 United Nations Children’s Fund (UNICEF). By IN THE HOUSE OF REPRESENTATIVES signing the Code of Conduct, travel and tour- Mr. GRAVES. Mr. Speaker, I proudly pause ism companies commit to take a series of Thursday, July 27, 2006 to recognize Mary Scott-Hallof Saint Joseph, steps to ensure that they are not facilitating Mr. TOWNS. Mr. Speaker, I rise today to Missouri. Mary is a leader in the Girl Scouts, the trafficking of children for purposes of pros- call attention to the disturbing economic trends representing the Midland Empire for over titution. Law enforcement cannot do it alone. It in Puerto Rico detailed in recently released re- seven years, and she has been chosen to re- takes a multifaceted approach to discourage ports by the General Accountability Office ceive the YWCA Women of Excellence Award sex tourism. (GAO), and the Joint Committee on Taxation for Women in Volunteerism. The Code of Conduct requires that the tour- (JCT). Taken together, these finely written and As a leader in the Girl Scouts, Mary has ism or travel company establish an ethical pol- well-documented studies paint a bleak picture gone beyond her expected role, helping to icy regarding sexual exploitation of children; of an island that—instead of being a model of grow the community’s interest and excitement train its personnel in the country of origin and economic development—has fallen further be- for the Girl Scouts. She has organized a vari- travel destinations; introduce a clause in con- hind the 50 states. ety of service projects for her troop, including tracts with suppliers requiring that they repu- Nothing could be clearer from these reports donations to the YWCA Women’s Abuse Shel- diate commercial sexual exploitation of chil- than that we have failed the U.S. citizens of ter and America’s Second Harvest Food Bank. dren; provide information to travelers by Puerto Rico miserably for over 50 years. Not As the Day Camp director for the St. Joseph means of catalogues, brochures, inflight films, because of bad intentions, or because of area, she has provided exceptional programs and ticket slips; provide information to local some sort of benign neglect, but because of to over 100 girls each summer. Additionally ‘‘key persons’’ at the destinations; and report failed policies that have provided few, if any, donating her time to Camp Woodland, she annually to the Code International Steering of their promised benefits. These studies viv- was responsible for preparing meals and pro- Committee and the Secretariat at the WTO. idly demonstrate the need for a different ap- grams for up to 150 girls and adults. By reporting yearly, the companies share proach that will more directly benefit the resi- Her achievements to the Girl Scouts are their experiences and allow for annual moni- dents of Puerto Rico, including making them highly recognized. Her troop built the Manley toring and evaluation of the progress and out- eligible for the refundable portion of the child Tillison Outdoor Classroom, a part of the comes of their endeavors. A Steering Com- tax credit, which I proposed in legislation intro- troop’s Silver Medal Award project. In addition, mittee made up of international independent duced earlier this Congress (H.R. 4451). she has been given the Girl Scouts Out- and voluntary representatives along with These studies paint a fairly stark picture of standing Volunteer Pin by her peers and re- ECPAT supervise the Code implementation. the ways in which Federal policies have mark- ceived the Service to Mankind Award from the Internationally, more than two hundred com- edly neglected working Americans in Puerto St. Joseph Downtown Sertoma Club. panies have signed the Code of Conduct. The Rico, by denying them basic support accorded Mr. Speaker, I proudly ask you to join me in United States, however, has lagged far be- to families in the rest of the United States who recognizing Mary Scott-Hall. Her commitment hind. That is why the willingness of Carlson are struggling to make ends meet. to the Girl Scouts and service in the commu- Companies Inc., Flamingo Travel, Ela Brasil The focus of the GAO report is the economy nity are to be admired. I am honored to rep- and ASTA to sign the Code is so significant. of Puerto Rico during the phase-out of the resent her in the United States Congress. The Carlson Companies Inc. is ranked as one Possessions Tax Credit (‘‘Sec. 936’’), the cor- f of the largest privately held corporations in nerstone of the U.S. tax policy in Puerto Rico IN RECOGNITION OF THE CARLSON America. Among its brands and services are until Congress repealed it in 1996. GAO (and COMPANIES INC., AMERICAN SO- Regent International Hotels, Radisson Hotels, an independent study by the Brookings Institu- CIETY OF TRAVEL AGENTS, FLA- Country Inns and Suites, Park Plaza, Carlson tion), determined that the repeal of Sec. 936 MINGO TRAVEL, AND ELA BRA- Wagonlit Travel, Cruise Holidays, Results to a significant degree did not cause the com- SIL TOURS Travel, Raddison Seven Seas Cruises, and panies that had previously taken advantage of Carlson Marketing Group. the program to flee the island; instead con- HON. CAROLYN B. MALONEY Since signing the Code of Conduct, Carlson cluding that ‘‘a substantial amount of posses- Companies Inc. has put information about sex sion corporation activity has been continued OF NEW YORK tourism and commercial exploitation of chil- by other types of businesses,’’ primarily by the IN THE HOUSE OF REPRESENTATIVES dren on its company website, has run ads and companies conversion to controlled foreign Thursday, July 27, 2006 included editorial content in its hotel publica- corporations, which do not have to pay taxes Mrs. MALONEY. Mr. Speaker, sex tourism tions, and has included information about this on their PR source income. As such, the GAO and more specifically the sexual commercial issue on their ticket stock. Flamingo Travel, provides the most comprehensive and objec- exploitation of children has increasingly be- Ela Brasil and ASTA have taken similar steps tive assessment that while corporate struc- come a serious problem. The International in implementing the Code of Conduct. tures have changed, underlying economic ac- Labor Organization estimates that approxi- These companies are trailblazers in com- tivity has not markedly changed during the mately 550,000–700,000 children are forced bating the commercial sexual exploitation of Sec. 936 phase-out. into sexual exploitation each year. I, therefore, children. Their bold stand could save lives. The bottom line conclusion is that the tax rise to salute the Carlson Companies Inc., the Significantly their forthright commitment on this policies that have been in place have failed to American Society of Travel Agents, ASTA, issue puts pressure on other American com- put Puerto Rico on a path toward equality with Flamingo Travel in Philadelphia and Ela Brasil panies in travel and tourism to sign the Code the mainland. Growth has been insufficient to in New York City for signing the Code of Con- of Conduct as well. reduce the gap in per capita income (one third duct for the Protection of Children From Sex- Mr. Speaker, for all the foregoing reasons, I that of the mainland), living standards (four ual Commercial Exploitation in Travel and ask my the colleagues to join me in applaud- times the number of people live below the Tourism. They have taken a bold stand ing the Carlson Companies Inc., ASTA, Fla- poverty level) and unemployment (twice as against the sexual exploitation of children and mingo Travel, and Ela Brasil for their commit- high as the mainland)—nor improve the abys- should be recognized for their actions ment to implementing the Code of Conduct mally low labor force participation rate. Clearly The Code of Conduct for the Protection of and fighting one of the world’s cruelest and the data supports the conclusion that the past Children From Sexual Commercial Exploitation most devastating industries. approach has had little—if any—direct and

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

VerDate Aug 31 2005 05:07 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A27JY8.001 E27JYPT1 ycherry on PROD1PC64 with REMARKS E1552 CONGRESSIONAL RECORD — Extensions of Remarks July 27, 2006 positive effect on the welfare of individuals liv- BELARUS DEMOCRACY into the United States. In this context, I wel- ing and working on the island. REAUTHORIZATION ACT OF 2006 come the targeted punitive sanctions by both the Administration and the EU against officials, The JCT study points out that tax incentives including judges and prosecutors, involved in such as Sec. 936 cannot be permanent addi- HON. CHRISTOPHER H. SMITH OF NEW JERSEY electoral fraud and other human rights abuses. tions to the Internal Revenue Code, and that Strategic exports to the Government of IN THE HOUSE OF REPRESENTATIVES there are market distortions associated with Belarus would be prohibited, except for those these incentives. While not opining on a pre- Thursday, July 27, 2006 intended for democracy building or humani- ferred approach, JCT states that other options Mr. SMITH of New Jersey. Mr. Speaker, tarian purposes, as well as U.S. Government might gain a higher rate of return. JCT sur- today I am introducing the Belarus Democracy financing and other foreign assistance, except veys some of these options, putting them in Reauthorization Act of 2006, a bipartisan for humanitarian goods and agricultural or the context of the various political status alter- measure to provide support for the promotion medical products. The U.S. Executive Direc- natives. Unfortunately, JCT articulates the of democracy, human rights and the rule of tors of the international financial institutions costs, but dodges the really big question of law in the Republic of Belarus, as well as en- would be encouraged to vote against financial assistance to the Government of Belarus ex- measuring the possible economic benefits of courage the consolidation and strengthening of Belarus’ sovereignty and independence. I cept for loans and assistance that serve hu- the different status options (independence, manitarian needs. Furthermore, the bill would statehood, or continued commonwealth sta- am pleased to be joined by my colleagues, Representives LANTOS and MCCOTTER, as block Belarus Government and senior leader- tus). original cosponsors. ship and their surrogates’ assets in property Most importantly, the JCT study points out Three years ago, I introduced the Belarus and interests in property in the United States, how much misguided federal tax policies have Democracy Act which passed the House and that hereafter come within the United States, neglected the people of Puerto Rico—and Senate with overwhelming support and was or that are or hereafter come within the pos- point to a direction that would clearly have a signed into law by President Bush in October session or control of United States persons. measurable, positive, impact on the very peo- 2004. At that time, the situation in Belarus with To this end, I welcome the Treasury Depart- ple who need it most: the working poor of respect to democracy and human rights was ment’s April 10 advisory to U.S. financial institutions to guard against potential money laun- Puerto Rico. This is through application of already abysmal. Belarus continues to have dering by Lukashenka and his cronies and work incentives available to working families in the worst rights record of any European state, rightly earning the country the designation as strongly applaud President Bush’s June 19 the 50 states: the per-child tax credit (CTC) ‘‘Executive Order Blocking Property of Certain and Earned Income Credit (EIC), both of Europe’s last dictatorship. Bordering on the EU and NATO, Belarus is truly an anomaly in Persons Undermining Democratic Processes which are available to working families on the a democratic, free Europe. or Institutions in Belarus.’’ mainland to offset payroll taxes (which are The need for a sustained U.S. commitment Mr. Speaker, I want to make it absolutely also paid by residents of Puerto Rico). to foster democracy and respect for human clear that these sanctions are aimed not at the By paying payroll taxes for Social Security rights and to sanction the regime of Belarus’ people of Belarus, whose desire to be free we and Medicare without receiving the earned in- tyrant, Alexander Lukashenka, is clear from unequivocally support, but at a regime that displays contempt for the dignity and rights of come tax credit, working families in Puerto the intensified anti-democratic policies pursued its citizens even as the corrupt leadership Rico face a heavily regressive tax burden. To by the current leadership in Minsk. Mr. Speak- moves to further enrich itself at the expense of illustrate, a Puerto Rican on the island who er, I am pleased to note that the United States is not alone in this noble cause. Countries the people. files as a head of household with two children Mr. Speaker, Belarus stands out as an even throughout Europe have joined in a truly trans- and $20,000 of income has a total Federal tax greater anomaly following Ukraine’s historic Atlantic effort to bring hope of freedom to the liability of $792. Yet that filer’s brother in New Orange Revolution and that country’s March beleaguered people of Belarus. Prompt pas- York with the same income and family cir- 26th free and fair parliamentary elections sage of the Belarus Democracy Reauthoriza- cumstances would receive a tax refund of which stand in glaring contrast to Belarus’ tion Act of 2006 will help maintain the momen- $3,708. According to the JCT study, simply presidential elections held just one week ear- tum sparked by adoption of the 2004 law and making Puerto Ricans eligible for the EITC lier. The Belarusian elections can only be de- the further deterioration of the situation on the scribed as a farce. The Lukashenka regime’s would provide an annual fiscal stimulus of ground in Belarus. Indeed, with the further de- $540 million directly to the local economy, wholesale arrests of more than one thousand terioration in Belarus with the massive arrests opposition activists, before and after the elec- which some estimates show would reduce tax of recent weeks, this bill is needed now more burdens on over 90 percent of taxpayers tions, and violent suppression of post-election than ever. protests underscore the utter contempt of the (about 950,000 taxpayer returns). One of the primary purposes of the Belarus Belarusian authorities toward the people of My legislation, making families eligible for Democracy Reauthorization Act of 2006 is to Belarus. the child tax credit (now applicable only to demonstrate sustained U.S. support for Illegitimate parliamentary elections in 2004 families of 3 or more), would further reduce Belarus’ independence and for those strug- and the recently held presidential ‘‘elections’’ taxes for another 32 percent of all tax filers or gling to promote democracy and respect for in Belarus brazenly flaunted democratic stand- human rights in Belarus despite the formidable about 560,000 taxpayers (and add another ards. As a result of these elections, Belarus pressures and personal risks they face from $180 million, annually, to the local economy). has the distinction of lacking legitimate presi- the anti-democratic regime. The bill authorizes dential and parliamentary leadership, which Independent analysis shows that these tar- $20 million in assistance for each of fiscal geted tax credits would be up to 40 percent contributes to that country’s self-imposed iso- years 2007 and 2008 for democracy-building lation. more effective in stimulating the economy than activities such as support for non-govern- Lukashenka, the Bully of Belarus, has re- failed subsidies we have tried, which amount mental organizations, including youth groups, peatedly unleashed his security thugs to tram- to billions of dollars every year (and continue independent trade unions and entrepreneurs, ple on the rights of their fellow citizens. In- to this day). human rights defenders, independent media, deed, they demonstrated what Lukashenka In closing, let me say, I applaud GAO and democratic political parties, and international truly thinks about his own people. Neverthe- JCT for drawing our attention to the problem exchanges. less, courageous peaceful protesters on of Puerto Rico’s economy. The ball is now in The bill also authorizes $7.5 million for each Minsk’s central October Square stood up to fiscal year for surrogate radio and television our court. It is the responsibility of this Con- the regime with dignity and determination. Al- broadcasting to the people of Belarus. While I gress to implement new policies. I am not sure most daily repressions constitute a profound am encouraged by the recent U.S. and EU ini- abuse of power by a regime that has blatantly what all these policies should be, but do know tiatives with respect to radio broadcasting, manipulated the system to remain in power. that what we have tried did not work, and that much more needs to be done to break through Albeit safely ensconced in power, we should consider a range of options—in- Lukashenka’s stifling information blockade. Lukashenka has not let up on the democratic cluding my own legislation—with an eye to- In addition, this legislation would impose opposition. On July 17, in a particularly puni- ward what would best serve the nearly four sanctions against the Lukashenka regime, and tive display against those who dare oppose million U.S. citizens in Puerto Rico, who need deny senior officials of the regime—as well as Lukashenka, former presidential candidate and deserve our help. I urge my colleagues to those engaged in human rights and electoral Aleksandr Kozulin was sentenced to an obvi- move forward expeditiously in this effort. abuses, including lower-level officials—entry ously politically motivated 51⁄2 years’ term of

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IN THE HOUSE OF REPRESENTATIVES tivists Artur Finkevich received a two-year cor- Thursday, July 27, 2006 rective labor sentence and Mikalay Rozumau f was sentenced to three years of corrective Mr. UDALL of New Mexico. Mr. Speaker, labor for allegedly libeling Lukashenka. Other TRIBUTE TO MR. CHARLES rising costs tied to current energy prices are opposition activists, including Syarhey ‘‘BUSTER’’ BOWEN adversely impacting family farmers rendering Lyashkevich and Ivan Kruk have received jail some farms unsustainable. In fact, I have sentences of up to six months. HON. MARILYN N. MUSGRAVE heard from some constituents in my home In a patent attempt to discourage domestic state of New Mexico who cannot afford to OF COLORADO observation of the fraudulent March 19 presi- plant crops this year due to energy prices. We IN THE HOUSE OF REPRESENTATIVES dential elections, authorities arrested activists are in danger of losing family farms. of the nonpartisan domestic election moni- Thursday, July 27, 2006 That is why I rise today to introduce the toring initiative ‘‘Partnerstva’’—Tsimafei Mrs. MUSGRAVE. Mr. Speaker, I rise today Family Farm Energy Relief Act. This legisla- Dranchuk, Enira Branitskaya, Mikalay Astreyka to honor the memory and courageous patriot- tion proposes to repeal tax incentives to oil and Alyaksandr Shalayka. They have been in ism of Mr. Charles ‘‘Buster’’ Bowen. As a navi- and gas companies from the Energy Policy pre-trial detention since February 21, charged gator on a B–25 Bomber, Mr. Bowen proudly Act of 2005 to instead provide energy rebates with participation in an unregistered organiza- served his country in the Army Air Corps dur- to family farmers. The Energy Policy Act of 2005 provided ap- tion. ing the Second World War. The sacrifices he Lukashenka’s pattern of anti-democratic be- proximately $2.633 billion in tax breaks for oil made to ensure the liberty and freedom of fu- havior began a decade ago, and this pattern and gas companies over the next 11 years. ture generations will never be forgotten. has only intensified. Through an unconstitu- During times of high gas prices and record In the late autumn of 1941, Buster Bowen tional 1996 referendum, he usurped power, profits for oil and gas companies these tax was a senior studying accounting at the Uni- while suppressing the duly-elected legislature breaks are wholly unnecessary. In fact, the versity of Texas. He was undoubtedly eager and the judiciary. His regime has repeatedly current administration has agreed that they for graduation and full of enthusiasm for the violated basic freedoms of speech, expres- are unnecessary. President Bush recently stat- future. However, like many young men and sion, assembly, association and religion. In its ed Congress has got to understand that these women of his generation, Mr. Bowen’s world May 3 annual report, the U.S. Commission on energy companies don’t need unnecessary tax was unalterably changed following the attack International Religious Freedom included breaks . . . I’m looking forward to Congress on Pearl Harbor. Belarus on its watch list, as Belarus appears to take about $2 billion of these tax breaks out to be adopting tougher sanctions against After graduating from the University of of the budget over a 10-year period of time. those who take part in unregistered religious Texas in June 1942, Mr. Bowen volunteered Cash flows are up. Taxpayers don’t need to activity. The democratic opposition, non- for military service. His military career began be paying for certain of these expenses on be- governmental organizations and independent in the spring of 1943 at Kelley Field near San half of the energy companies. media have been subject to intimidation and a Antonio, Texas. After completing his training, The Family Farm Energy Relief Act legisla- variety of punitive measures, including closure. Mr. Bowen was assigned to the 345th Bom- tion redirects the monies from the Energy Pol- Political activists and journalists have been bardment Group and sent to the Pacific. In a icy Act to family farmers to help pay the cost beaten, detained and imprisoned. Independent letter to his concerned mother, Mr. Bowen as- of farm diesel over the next three years. Ap- voices are unwelcome in Lukashenka’s sured her he was assigned an office job—he proximately 3.4 billion gallons of farm diesel Belarus and anyone who, through their pro- didn’t mention that his office was a small table were sold in the United States in 2004, 35 mil- motion of democracy, would stand in the way under the turret of a B–25 Bomber. lion gallons to New Mexican farmers and of the Belarusian dictator puts their personal The crews of the 345th frequently flew low- ranchers. and professional security on the line. Their level bombing runs over enemy targets. On The rebate program gives a tax credit to courage deserves our admiration, and, more one such mission over Formosa on June 15, qualified family farmers equaling 10 percent of importantly, our support. 1945, a 40 millimeter explosive shell struck yearly farm diesel expenses. Additionally, Moreover, we have seen no progress on the the escape hatch of Mr. Bowen’s B–25 Bomb- qualified family farmers who produce biodiesel investigation of the disappearances of political er. The shrapnel from the shell pierced the fu- for sale or personal use would receive an ad- opponents—perhaps not surprisingly, as cred- selage and badly injured Engineer Harold ditional 10 cents per gallon credit. ible evidence points at the involvement of the Warnick and Mr. Bowen. Mr. Warnick sus- The program will redistribute approximately Lukashenka regime in their murders. I wel- tained injuries to his foot and Mr. Bowen to his $870 million per year in tax credits for farm come President Bush’s decision to personally back. Even after being injured, Mr. Bowen diesel expenditures and approximately $8 mil- meet with two of the widows in the Oval Office plotted a course to an auxiliary air base in lion per year in tax credits for biodiesel pro- to discuss the situation on Belarus. An Admin- northern Luzon so that Mr. Warnick could reduction over three years. Expenditures from istration report mandated by the Belarus De- ceive the medical attention he needed. this program will not exceed the $2.633 billion mocracy Act and finally issued on March 17 of For the injuries sustained by Mr. Bowen in oil and gas tax incentives from the Energy this year reveals Lukashenka’s links with June of 1945, he was awarded the Purple Policy Act. rogue regimes such as Iran, Sudan and Syria, Heart. His squadron commander even dis- Mr. Speaker, family farmers and the Agri- and his cronies’ corruption. Despite efforts by played Mr. Bowen’s bloodied shirt in the culture sector have been a staple of the Amer- the U.S. Government, working closely with the squad room to emphasize the importance of ican economy since before we were a nation. European Union, the Organization for Security flight crews wearing the uncomfortable flak Many family farmers already face great obsta- and Cooperation in Europe (OSCE) and other jackets. cles to success and may have already suc- European organizations, and non-govern- Following his injuries, Mr. Bowen was taken cumbed to large agriculture conglomerates. mental organizations, the regime of off flying status, but began flying once again The Family Farm Energy Relief Act is not Lukashenka continues its grip on power with before the end of the war. After hostilities in meant to be a substitute for the long-term en- impunity and to the detriment of the the Pacific ended, Mr. Bowen was stationed ergy solutions we all seek for our Nation. As Belarusian people. on the northern Japanese island of Hokkaido much as each of us understands the necessity Colleagues, it is my hope that the Belarus as part of the American occupation force. of a comprehensive and balanced approach to Democracy Reauthorization Act of 2006 and Mr. Speaker, like so many other young energy development, so too should we realize efforts by allies in Europe will help put an end members of this Greatest Generation, Mr. that in every state there are hard-working fam- to the pattern of clear, gross and uncorrected Bowen set aside his ambitions and risked his ily farmers whose monthly budgets are being violations of OSCE commitments by the life to ensure the continued freedom of our stretched to the breaking point by energy Lukashenka regime and will serve as a cata- great nation. I urge my colleagues to join me costs. While we must approach this country’s lyst to facilitate independent Belarus’ integra- in recognizing the patriotic service of Mr. energy demand with the willingness to make tion into democratic Europe in which demo- Charles ‘‘Buster’’ Bowen. the tough, long-range choices demanded of

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us, it is equally important that we heed the ventive health care can make the difference. It terning in the office of Senator KENT CONRAD; suffering being caused by the current high will improve health outcomes, improve peo- David Evans of Wake Forest University, in- prices. Let us help ease the increasing burden ple’s lives, and help cut down on our explod- terning in the office of Senator MEL MARTINEZ; of fuel costs and help ensure that these farming healthcare expenditures. As is noted in the Jason Feld of the University of Pennsylvania, ers remain one of the backbones of our coun- findings of this legislation, per capita health interning in the office of Representative LYNN try and our country’s economy. spending in the United States is 56 percent WOOLSEY; Whitney Fogg of Yale University, in- f greater than the median for countries in the terning in the office of Representative CONNIE Organization for Economic Cooperation and MACK; Clark Fonda of the University of South- STATEMENT OF INTRODUCTION Development. Mr. Speaker, this is unaccept- ern California, interning in the office of Rep- HeLP AMERICA ACT able. We need to get more bang for our resentative JOHN CAMPBELL; Sarah Hackett of healthcare buck and we need to look no fur- Dickinson College, interning in the office of HON. TOM UDALL ther than focusing on prevention. As the say- Senator PATRICK LEAHY; JC Hendrickson of OF NEW MEXICO ing goes, an ounce of prevention is worth a American University, interning in the office of IN THE HOUSE OF REPRESENTATIVES pound of cure. Representative MAURICE HINCHEY; Andrew Hill Thursday, July 27, 2006 Mr. Speaker, I urge my colleagues to join of Vanderbilt University, interning in the office me in seeking a new and more effective ap- of Representative CHARLIE NORWOOD; Abby Mr. UDALL of New Mexico. Mr. Speaker, proach to the health of our nation by cospon- Kirkbride of John Brown University, interning health care promotion programs have the po- soring the HeLP Act. in the office of Senator MIKE ENZI; Anne Kouri tential to improve health, improve quality of f of Creighton University, interning in the office life, reduce health care costs, and boost proof Representative RAY LAHOOD; Mark Ladley ductivity. Unfortunately, a very small percent- RECOGNIZING THE STENNIS CON- of The Citadel, interning in the office of Rep- GRESSIONAL INTERN PROGRAM age of health care spending is devoted to resentative ALLYSON SCHWARTZ; Cassandra health promotion. The national investment in Long of the University of Central Florida, in- prevention is currently estimated to be less HON. BART GORDON terning in the office of Senator BILL NELSON; than 5 percent of annual health care costs. OF TENNESSEE Jonathan Lowrey of Northwest Missouri State, Our Nation needs a new approach to IN THE HOUSE OF REPRESENTATIVES interning in the office of Representative SAM healthcare—one that puts prevention front and Thursday, July 27, 2006 GRAVES; Meghan McCarthy of the College of center. William and Mary, interning in the office of That is why I rise today to introduce the Mr. GORDON. Mr. Speaker, I rise today to Representative RUSH HOLT; Chris Nielsen of Healthier Lifestyles and Prevention America recognize the participants in the Stennis Con- the University of South Dakota, interning in the Act, also known as the HeLP America Act. My gressional Intern Program. For many years, office of Senator TIM JOHNSON; Edward Par- legislation is very similar to S. 1074, a bill of the John C. Stennis Center for Public Service kinson of the University of Witwatersrand, in- the same name, which was introduced by has enhanced the experience of a select terning in the House Committee on Homeland Senator HARKIN. Both Senator HARKIN’s bill group of summer interns working in congres- Security; Sara Rafferty of the University of and my bill are designed to reduce health care sional offices. The interns are provided with an Oklahoma, interning in the office of Represent- costs and improve health outcomes by reori- insiders view of Congress through meetings ative PHIL ENGLISH; Joshua Root of Cornell enting our nation’s health care system towards with senior staff members and other experts to University, interning in the office of Represent- prevention, wellness, and self care. discuss the relationships Congress has with ative JOHN OLVER; Eric Sandberg-Zakian of The HeLP America Act is a comprehensive the legislative and executive branches, the Yale University, interning in the office of Rep- approach to prevention and health promotion. media, the public and the private sector. resentative RUSH HOLT; Matt Seager of the It provides tools .and incentives for schools to The program is a joint effort of the Stennis College of Charleston, interning in the office of improve their nutrition programs. It provides Center and a group of current and former sen- Senator PATRICK LEAHY; Eli Sevcik-Timberg of tax incentives for employers to implement ior staff members who serve as Senior Sten- Wesleyan University, interning in the office of wellness programs. It provides grants for com- nis Fellows. These insiders draw on their ex- Representative MEL WATT; and Elizabeth Tran munities to implement activities to prevent and perience and expertise in creating the program of Boston University, interning in the office of reduce the incidence of obesity, and chronic and participating in sessions with the interns. Representative NEIL ABERCROMBIE. diseases associated with this condition. My bill The outstanding interns selected to partici- also gives the FDA the authority to regulate pate are chosen based on their college record, f tobacco products, and requires nutrition label- community service background and interest in IN HONOR OF ROY D. HOKE—32 ing on menus in chain restaurants. These are a career in public service. This year, 30 in- YEARS OF SERVICE AND COM- just a few of the provisions included in the leg- terns, most of them juniors and seniors in col- MITMENT islation designed to attack the problem of sky- lege, have been working in personal and com- rocketing health care costs associated with the mittee offices in the House and Senate. HON. SANFORD D. BISHOP, JR. increasing rates of obesity, diabetes, and I congratulate these students for being cho- OF GEORGIA sen to participate in this exceptional program, other chronic illnesses. IN THE HOUSE OF REPRESENTATIVES Adaptable lifestyle factors such as smoking, and I thank the Stennis Center and the senior sedentary lifestyle, poor nutrition, unmanaged fellows for providing such a unique experience Thursday, July 27, 2006 stress, and obesity account for approximately for these interns and for encouraging them to Mr. BISHOP of Georgia. Mr. Speaker, I rise half of premature deaths in the United States. consider a future career in public service. today to honor a man who has spent the last Spending on chronic diseases related to life- This year’s participants are David Benson- 32 years of his life serving this body in the style and other preventable diseases account Staebler of St. Olaf College, interning in the Paint Shop. Roy D. Hoke has become a friend for an estimated 75 percent of total health office of Representative JIM OBERSTAR; Zeke of mine and a friend of my office staff. care spending. And Mr. Speaker, as you and Berzoff-Cohen of Goucher College, interning Through his years he has worked to make all of our colleagues know, our nation’s total in the office of Representative JOHN OLIVER; each and every one of our offices more beau- amount of health care spending is no small Elizabeth Brady of the University of North Col- tiful—not for us, but for our constituents and sum. In fact, according to the Centers for orado, interning in the office of Senator MIKE honored guests. Rarely have I seen a man Medicare and Medicaid Services, total health ENZI; Tenisha Callender of Loyola University, more dedicated to his work, and more filled care spending in 2004 was $1.8 trillion. Fur- interning in the office of Representative JAMES with pride at a job well-done. thermore Mr. Speaker, CMS estimates that MCGOVERN; Paul Cenoz of the University of He has served in the House under six U.S. this number will double by 2014. For those Southern California, interning in the office of Presidents, and 16 sessions of Congress. keeping score at home, that means in 2014 Representative JOHN CAMPBELL; Jessica Prior to his service in the House, Mr. Hoke total health care expenditures will be $3.6 tril- Cohen of Syracuse University, interning in the served America in the U.S. Army in Vietnam. lion. office of Senator HILLARY RODHAM CLINTON; This year, Roy Hoke has become very close With a greater focus on prevention, we will Rachel Dillard of Clemson University, interning to my staff. My office took part in the be able to greatly reduce the number of indi- in the office of Senator JIM DEMINT; Stephanie Housewide program to refurbish our offices, viduals who suffer from all types of ailments, Dreyer of Boston University, interning in the and Roy played a major role in painting my of- including diabetes, cancer, heart disease, and office of Senator CHARLES SCHUMER; Brittany fice. He was always there to make it look per- strokes just to name a few areas where pre- Erickson of the University of Pennsylvania, in- fect. Roy was never satisfied with his job—he

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Roy spent the next six hours in Mr. GRAVES. Mr. Speaker, I proudly pause led the campaign for ratification in the states my office with my staff, sharing in conversa- to recognize Heartland Health of Saint Joseph, and fought for the extension of the amend- tion, and Coca-Cola and peanuts from my Missouri. Heartland Health has been recog- ment’s deadline. home state of Georgia. Although I was not in nized as a strong advocate for women in the Since 1969, NOW has brought lawsuits to our Nation’s courts to fight sex discrimination the building, my staff tells me that Roy was a workplace and has been chosen to receive the in the workplace. In one of the first cases to joy to be around that day. No one enjoyed the YWCA Employer of Excellence Award. apply Title VII of the Civil Rights Act to a sex unfortunate situation that developed that day, Heartland Health has been recognized by discrimination case, NOW won women access but Roy was an individual who made the the YWCA as one of the best places to work to positions previously denied to them be- hours pass by more smoothly. He was unin the St. Joseph area. Heartland maintains a cause of biased and unnecessary strength flinching in his manner and helped to keep a flexible work environment that bases advancement on employee performance. As a result, tests. startled office calm—even as the frightening Recognizing that economic security means circumstances hit close to home. many women have been able to obtain positions in the senior leadership of the organiza- little to women who are not secure in their Since that day in May, my office has truly homes, NOW pioneered the founding of bat- had a new friend. He has become a regular tion. Heartland Health is very supportive of families and has developed programs to help tered women’s shelters and rape crisis cen- visitor and his constant smile will be missed. ters. By organizing the first Take Back the Roy’s hard work and dedication are rare traits. working mothers and assist in continuing education. These are benefits that have produced Night rallies, NOW activists provided women We thank him for his years of service to our with a platform to confront threats of violence Nation, to this House, and we wish him luck a very committed and productive workforce. Mr. Speaker, I proudly ask you to join me in and empowered them to speak out against and God speed in the next phase of his life. their offenders. In 1994, NOW’s efforts to end recognizing Heartland Health. Heartland has women’s victimization culminated in the pas- developed into a business that manages to f sage of the Violence Against Women Act. serve employees as well as the community. I Since its founding, NOW has led the battle RECOGNIZING THE 15TH ANNIVER- am honored to represent Heartland and its for women’s reproductive freedom. NOW was SARY OF UKRAINE’S INDEPEND- employees in the United States Congress. the first national organization to call for the le- ENCE f galization of abortion and has committed itself IN COMMEMORATION OF THE NA- to safeguarding the right to choose secured by HON. JOE WILSON TIONAL ORGANIZATION FOR Roe v. Wade. For 20 years NOW fought to use federal anti-racketeering laws to protect OF SOUTH CAROLINA WOMEN ON ITS 40TH ANNIVER- SARY abortion clinics and their clients from harass- IN THE HOUSE OF REPRESENTATIVES ment by militant anti-abortionists. In 2004, Thursday, July 27, 2006 NOW cosponsored the March for Women’s HON. CAROLYN B. MALONEY Lives to demonstrate Americans unequivocal Mr. WILSON of South Carolina. Mr. Speak- OF NEW YORK support for women’s reproductive rights. The er, on August 24, Ukraine will celebrate the IN THE HOUSE OF REPRESENTATIVES march drew 1.15 million people to Wash- 15th anniversary of its independence. As we Thursday, July 27, 2006 ington, D.C. for the largest civil rights dem- continue to strengthen relations with allies Mrs. MALONEY. Mr. Speaker, I rise today onstration in U.S. history. around the world, the importance of a demo- NOW was an early and vocal supporter of to celebrate the 40th anniversary of the found- cratic Ukraine cannot be overstated. lesbian rights. NOW activists supported the ing of the National Organization for Women rights of lesbians and their families in Belmont Since the fall of the Soviet Union, Ukraine (NOW), our Nation’s paramount champion of has made steady progress toward the creation v. Belmont, the landmark case that awarded a women’s rights. lesbian mother custody of her children. Rose- of democratic institutions and a free-market The National Organization for Women has mary Dempsey, the defendant, later served as economy. While past political instability proved been a pioneer in the fight for women’s equal- challenging to the Ukrainian economy, reforms NOW’s Vice President of Action. ill 1975, les- ity and is one of our Nation’s foremost institu- bian rights became one of NOW’s priority implemented under the leadership of President tions for social justice and social change. For Viktor Yushchenko have brought greater suc- issues and has since been the theme of two the past 40 years, NOW has been at the fore- of its national conferences. cess and prosperity to the people of Ukraine. front of every major effort to advance women’s I was honored to attend President Opposed to bigotry and discrimination of all rights and promote equality between the kinds, NOW has also been a champion and Yushchenko’s historic speech before a Joint sexes. Session of Congress last April. defender of affirmative action policies. In 1996, The National Organization for Women was 50,000 activists gathered in San Francisco in Moreover, Ukraine has cultivated a civil so- founded in 1966 with the $5 contributions of defense of affirmative action for NOW’s March ciety, showing greater respect for human 28 women. These women came together in to Fight the Right. NOW has also adopted a rights, maintaining peaceful relationships with recognition of the need to bring women into hiring policy that reflects its dedication to di- its neighbors, and investing in its citizens’ equal partnership with men as part of a world- versity and commitment to eradicating racial prosperity. wide human rights movement. In the last 40 disparities in the work place. I am very grateful that my home church, the years, NOW has expanded this vision to local Today, NOW’s President, Kim Gandy, fol- First Presbyterian Church of Columbia, South and campus chapters in all 50 states and the lows in the footsteps of the organization’s in- Carolina, has entered into a strong and vibrant District of Columbia and grown its membership augural president, the late Betty Friedan. partnership with Maximovicha Baptist Church to roughly 500,000. Under Ms. Gandy’s leadership, NOW remains in Vinnitsa, Ukraine. Both churches are pro- As the largest feminist organization in the committed to the passage of the Equal Rights moting exchanges of citizens who, sharing United States, NOW’s continued success is Amendment and has risen to the unique chal- their experiences are promoting democracy. due to its leaders’ commitment to innovative lenges of our time. Advocating for pay equity, The inspiring heritage and culture of Ukraine and diverse avenues of activism. From local affordable quality daycare, women-friendly is being appreciated by the people of South rallies and mass marches to political lobbying workplaces, and a fair minimum wage, NOW, Carolina. The United States is proud to call and Supreme Court battles, NOW works to with unfaltering determination, continues to Ukraine a friend. We will continue to seek achieve advancement for women. Its current lead our country on the march towards wom- Ukraine’s support in world affairs and remain primary concerns are promoting passage of en’s equality. committed to helping the people of Ukraine the Equal Rights Amendment, eradication of Mr. Speaker, as the National Organization compete in the global economy for the in- violence against women, championing repro- for Women celebrates 40 years as our coun- creased prosperity of its citizens. ductive freedom and other women’s health try’s preeminent voice for the advancement of

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The MASR report quotes the RECORD at this time. the Punjab Civil Magistracy as writing ‘‘if COUNCIL OF KHALISTAN, MAKES DR. AULAKH SPEAKS TO LONDON INSTITUTE OF we add up the figures of the last few years PRESENTATION AT LONDON IN- SOUTH ASIA—BOOK AWARD TO PROFESSOR the number of innocent persons killed would STITUTE OF SOUTH ASIA GURTEJ SINGH run into lakhs [hundreds of thousands.]’’ The WASHINGTON, D.C., JULY 12, 2006.—Dr. Indian government has murdered over 250,000 HON. EDOLPHUS TOWNS Gurmit Singh Aulakh, President of the Sikhs since 1984, more than 300,000 Christians in Nagaland, over 90,000 Muslims in Kashmir. OF NEW YORK Council of Khalistan, spoke last month at the London Institute of South Asia (LISA.) tens of thousands of Christians and Muslims IN THE HOUSE OF REPRESENTATIVES He went there for a ceremony honoring Pro- throughout the country, and tens of thou- Thursday, July 27, 2006 fessor Gurtej Singh IAS for his book, Tandev sands of Tamils, Assamese, Manipuris, and others. The Indian Supreme Court called the Mr. TOWNS. Mr. Speaker, recently the Lon- of the Centaur, which won the LISA Book Award. The seminar addressed the topic of a Indian government’s murders of Sikhs don Institute of South Asia held an event to separate electorate for Indian. minorities. ‘‘worse than a genocide,’’ honor author Professor Gurtej Singh, who has Dr. Aulakh spoke on the topic of the libera- Government-allied Hindu militants have a significant book on the repression in India. tion of Khalistan. He said that the idea of CI burned down Christian churches and prayer In connection with that, they held a seminar separate election could be good for some mi- halls, murdered priests, and raped nuns. The on the topic of a separate electorate in India norities but was something that would hold Vishwa Hindu Parishad (VHP) described the for minorities. Dr. Gunnit Singh Aulakh, Presi- back the struggle for freedom of minority rapists as ‘‘patriotic youth’’ and called the nations that are dominant in their areas. He nuns ‘‘antinational elements.’’ Hindu radi- dent of the Council of Khalistan, spoke at the cals, members of the Bajrang Dal, burned Institute in connection with the seminar. He gave four radio interviews on Punjabi stations that are listened to worldwide. missionary Graham Stewart Staines and his spoke about the struggle to liberate Khalistan, Professor Gurtej Singh said, ‘‘As part of two sons, ages 10 and 8, to death while they the Sikh homeland. As you know, Mr. Speak- my narration [for the book], I found myself surrounded the victims and chanted ‘Victory er, Khalistan declared its independence on suggesting a theory indicating the spurious to Hannuman,’’ the Hindu monkey-faced October 7, 1987. Yet Indian repression of the nature of India’s struggle for freedom. I am God. The Bajrang Dal is the youth arm of the Sikh Nation continues to this day. aware that it renders the main activities of RSS. The VHP is a militant Hindu Nation- Dr. Aulakh spoke out against a separate the Congress Party and its leaders to an ex- alist organization that is under the umbrella ercise in collaboration. But I am in good of the RSS. electorate within India for the Sikhs, arguing ‘‘The genocidal policies of the Indian gov- that only full independence will allow the Sikhs company in coming to that conclusion. Mi- chael Edwards, in his The Myth of the Ma- ernment are aimed at eliminating all these to live in peace, prosperity, dignity, and free- hatma. has clearly shown that the British groups,’’ Dr. Aulakh said. ‘‘Self-determina- dom. He said that independence for Khalistan really feared the ‘Western style revolution- tion must be the standard,’’ he said. ‘‘Short is inevitable, noting the recent marches, semi- aries’ whom Gandhi effectively neutralized. of that, it is hard to see how the freedom of nars, and other events showing the rising tide The Administration considered Gandhi as an all people in South Asia will be protected.’’ of support for freedom for Khalistan. And the ally of the British as a neutralizer of rebel- We thank the London Institute of South politicians in Punjab have noticed and are be- lion.’’ Asia for including Dr. Aulakh in its presen- ‘‘This book does not clarify everything, tations. We would like to thank General ginning to speak out for Khalistan. That is a Khalid, Dr. Awatar Singh Sekhon, V.T. good sign. Even the Congress Party govern- but it clarifies a lot,’’ said Brigadier Usman Khalid, Director of LISA. ‘‘It lays the foun- Rajshekar, and all the trustees of the Insti- ment of Punjab explicitly asserted the sov- dation for friendship between two irrepress- tute for inviting Dr. Aulakh to make this ereignty of Punjab when it cancelled the ible nations of the subcontinent—the Mus- presentation. agreements allowing the transfer of Punjabi lims and the Sikhs. The national cohesion f water to non-riparian states last year. that exists within the Muslims and the Sikhs He reported on the repression of the Sikhs cannot be replicated in the caste based PRESIDENT NIYAZOV INTENSIFIES that continues to show up in the form of the Brahminic society,’’ Brigadier Khalid said, REPRESSION IN TURKMENISTAN Indian Government destroying Sikh farms with ‘‘Indian secularism is ’fraudulent; Indian na- bulldozers, farms that Sikh farmers had tionalism is a pious hope without foundation or purpose. The book nails those lies. It is a HON. CHRISTOPHER H. SMITH worked their lives for, only to see a lifetime of great starting point for the ‘freedom for all OF NEW JERSEY work destroyed by the Indian regime. This rein South Asia.’’’ IN THE HOUSE OF REPRESENTATIVES pression takes the form of arresting people for ‘‘Despite the Indian Government’s massive Thursday, July 27, 2006 raising the flag of Khalistan, even though the efforts over two decades to crush the Indian courts have ruled that wearing the saf- Khalistani freedom movement and the other Mr. SMITH of New Jersey. Mr. Speaker, as fron of Khalistan or raising a flag is not a freedom movements, there remains strong Co-Chairman of the U.S. Helsinki Commis- crime. But the Indian Government apparently support for Khalistan in Punjab and the sur- sion, I want to bring to the attention of the believes that it is not bound by the law, a posi- rounding Sikh areas,’’ Dr. Aulakh said. He Congress a number of alarming arrests re- noted the anniversary of the attack on the cently made by the Government of tion held not by democratic, but totalitarian Golden Temple and the atrocities that were governments. As my friend from California has committed in Operation Bluestar. He took Turkmenistan. Last month between June 16– said, for minorities, ‘‘India may as well be Nazi note of the arrests of Sikh leaders in Punjab 18, three human rights defenders were de- Germany.’’ for making speeches and hoisting the flag. tained by Turkmen security forces and have Mr. Speaker, we cannot sit idly by and let He noted that Khalistan slogans were raised been held for over a month. Considering this repression continue. I know that there are inside the Golden Temple recently. He noted Turkmenistan’s abysmal human rights record, many pressing problems on the world stage the seminars organized by Atinder Pal Singh I greatly fear for their safety as they are cer- that require our attention, such as the situation and took note of the atrocities committed by tainly at risk of torture. in Lebanon and the continuing fight against the Indian government. such as the kidnap- Amankurban Amanklychev, Ogulsapar ping and murder of Jaswant Singh Khalra, terrorism in Iraq and Afghanistan. But we must the murder of Akal Takht Jathedar Gurdev Muradova, and Sapardurdy Khajiev are affili- not let the necessity of attention and action in Singh Kaunke, tearing apart the driver of ated with the Turkmenistan Helsinki Founda- these important situations allow us to let In- Saba Charan Singh, and the mass cremation tion, a non-governmental organization that dian repression slip under the radar. It is our of Sikhs. He cited the Chithisinghpora mas- monitors human rights in Turkmenistan. In ad- duty to the principles on which this country sacre, the bombing of an Indian Airlines dition, Ms. Muradova has served as a jour- was founded to support freedom everywhere flight in 1985, and other atrocities committed nalist for Radio Liberty, a private communica- in the world, not just in the hot spots. It is time by the Indian government. tions service funded by the Congress through A report issued by the Movement Against to take action, Mr. Speaker. America should State Repression (MASR) shows that India the Broadcasting Board of Governors. cut off aid and trade with India until all people admitted that it held 52,268 political pris- Apparently Turkmen authorities arrested there are allowed to live in freedom. And we oners under the repressive ‘‘Terrorist and these three individuals because of their con- should support real democracy, the kind India Disruptive Activities Act’’ (TADA) even nection to a documentary about President claims to believe in, in the form of a free and though it expired in 1995. Many have been in Saparmurat Niyazov’s cult of personality and

VerDate Aug 31 2005 05:07 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A27JY8.017 E27JYPT1 ycherry on PROD1PC64 with REMARKS July 27, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1557 their use of hidden video equipment in making walked first to find booby traps before they sonal pursuits, which will likely include her al- this film. The three now face the trumped-up found the rest of the patrol. ways supportive family, husband Jerry and charges of illegal weapons possession and al- Eventually, Mr. Bozella transferred to the daughter Melinda. Thank you, Nancy, for a job legations of ‘‘espionage.’’ Given the absence U.S. Army Education Center where he taught well done. of any media or speech freedoms in and tested soldiers in a GED program. With f Turkmenistan, the government’s allegations his background in education, Mr. Bozella was are simply not credible, and the detentions are grateful that he was able to positively impact IN MEMORY OF APOSTLE ISAIAH unjustifiable. soldiers in such an incredibly difficult situation. REVILLS MAN OF GOD PREACH- Human rights organizations report that the Following Mr. Bozella’s return from the hor- ER OF THE WORD detainees are being abused. Most troubling rors of the war in Vietnam, he encountered an are allegations of psychotropic drugs being unsupportive society and was ostracized by HON. SANFORD D. BISHOP, JR. administered to Amanklychev and Muradova his peers. Despite these difficulties, Mr. OF GEORGIA in an effort to force their confession to ‘‘sub- Bozella earned a masters degree in adult and IN THE HOUSE OF REPRESENTATIVES versive activities.’’ The reports concerning psy- community education from Colorado State Thursday, July 27, 2006 chotropic drugs are quite believable, as University and went on to serve his community Turkmenistan is known to use these drugs in in various roles as an educator and adminis- Mr. BISHOP of Georgia. Mr. Speaker, I rise psychiatric hospitals to punish individuals. trator. today to honor the memory of a man who I am In April, 54 members of the United States Mr. Bozella has been intimately involved in proud to have called a friend, a constituent, Senate and House of Representatives wrote several veterans’ organizations, serving as and an inspiration: Chief Apostle Isaiah to President Niyazov, urging the unconditional chairman of the Colorado Board of Veterans Revills. release of a prisoner of conscience held in a Affairs and as a State officer with the Amer- Apostle Revills was born on August 23, psychiatric hospital. While that individual was ican Legion. 1931 in Moultrie, Georgia, the son of share- released, soon thereafter Congress learned of Mr. Speaker, I am grateful for Mr. Bozella’s croppers. At the tender age of nine years old, an almost identical case—69-year-old selfless service to our Nation. I urge my col- Isaiah’s father was murdered by the Ku Klux Kakabay Tedzhenov. He has been held in in- leagues to join me in recognizing a man wor- Klan. His mother was forced to lead the family communicado detention in a psychiatric hos- thy of our honor, Mr. Ralph Bozella. I am of nine children, but her rock-solid faith in God pital since January 2006 for peacefully pro- deeply saddened by the way he was treated saw her through. testing government policies. Considering that when he came home from Vietnam. After the Isaiah went on to the Moultrie High School just three months ago a significant number of passing of the years I hope that the respect for Negro Youth, where he met a young Senators and Members of the House wrote and honor that his is afforded today will help woman named Ullainee Sanders. Ullainee be- President Niyazov about this barbaric practice, heal those wounds. came his sweetheart and his partner, and on I am particularly disappointed that the f June 4, 1955, Isaiah and Ullainee were mar- Turkmen President continues to allow the mis- ried. For the last 51 years, they have been use of psychiatric institutions as prisons for HONORING NANCY ALLEN’S SERV- partners in every sense of the word—sharing political dissidents and that Mr. Tedzhenov re- ICE TO RUTHERFORD COUNTY equally in the joys and burdens of the journey mains jailed. of life. With Ms. Muradova’s ties to Radio Liberty HON. BART GORDON The young couple moved to Milledgeville, and the Congress, as well as the letter from OF TENNESSEE Georgia shortly after their marriage, and there 54 Members of Congress to Niyazov regarding IN THE HOUSE OF REPRESENTATIVES Isaiah began to serve as the pastor of his first church. In 1958 they moved to Albany, Geor- the use of psychiatric hospitals, the continu- Thursday, July 27, 2006 ation of these inexcusable actions will affect gia, where together they conducted prayer the relations between Turkmenistan and the Mr. GORDON. Mr. Speaker, today I rise to meetings from house to house. So successful U.S. Congress. recognize Nancy Allen for her service to Ruth- were these meetings that they opened a mis- Mr. Speaker, I am urging President Niyazov erford County, Tennessee, as County Mayor sion in 1959. Isaiah preached the Gospel to ensure the immediate and unconditional re- for 12 years. there, and as far away as Harlem, as his min- lease of Amankurban Amanklychev, Recently, the Tennessee General Assembly istry grew. His congregants grew rapidly in Ogulsapar Muradova, and Sapardurdy changed her title from County Executive to number and they moved to a new facility in Khajiev, as well as Kakabay Tedzhenov. County Mayor. Her title was not the only thing the Masonic Hall. Apostle Revills fasted for to change recently. Population projects from forty days, a mission that led him to another f the 2000 Census to 2005 show Rutherford church building, lovingly called ‘‘The Shanty.’’ TRIBUTE TO MR. RALPH BOZELLA County has gained more than 36,000 new But the growth continued! Isaiah, a brick residents. Money Magazine recently named mason by trade, built the new church with his HON. MARILYN N. MUSGRAVE Murfreesboro, the county seat and my home- own two hands. Shortly thereafter, he went OF COLORADO town, as 84th out of the top 100 places to live into the ministry fulltime with the constant sup- IN THE HOUSE OF REPRESENTATIVES in the United States. These figures and acco- port of Ullainee. lades are due in part to Nancy’s leadership At the time, Newton, Georgia had a difficult Thursday, July 27, 2006 ability and the collective vision of the Ruther- racial climate, but Apostle Revills had a vision Mrs. MUSGRAVE. Mr. Speaker, I rise today ford County Board of Commissioners over from God, and traveled there for a tent cru- to honor the patriotism and military service of which she has presided and previously served sade. That meeting led him across Georgia, Mr. Ralph Bozella of Longmont, Colorado. 4 years. Florida, Alabama, Mississippi, North Carolina, Soon after graduating with his teaching cer- In addition to serving as Chair of the Board South Carolina, and all the way to California. tificate during the tumultuous years of the Viet- of Commissioners, Nancy also chairs the Apostle Revills was anointed by God in 1966 nam war, Mr. Bozella’s life forever changed Rutherford County Correctional Work Center and went on to many more tent crusades, the one Monday in the late summer of 1970. The Board, Community Care of Rutherford County, largest of which became the annual Camp ink was barely dry on the teaching contract he Inc., and Regional Transportation Authority. Meeting in the City of Albany, that ended signed the Friday before when Mr. Bozella re- Nancy is a founding member of Recycle Ruth- every year with a baptism at the Mercer Mill. ceived notice that he had been drafted for erford and a member of the Sam Davis Me- His ministry grew so large, that in 1981 they service in Vietnam. morial Association, League of Women Voters, opened a new 5,000-seat Cathedral and orga- Before long, Mr. Bozella found himself at the Oakland Association, and the Rutherford nized into ten distinct operating districts. Apos- Bien Hoa Air Base near Saigon, Vietnam. County Chapter of the Middle Tennessee tle Revills began publishing his Miracle Guid- From there he was sent to Chu Lai and as- State University Alumni Association and recipi- ing Star Magazine, and took to the radio and signed to a light infantry brigade within the ent of the 1996 Trailblazer Award. The afore- television to preach the Word. He preached in Americal Infantry Division. Mr. Bozella was as- mentioned awards and memberships are only Kenya, Haiti and Israel. In 1991, he was justly signed to search and patrol the area to protect a highlight of Nancy’s commitment to her com- recognized as one of Georgia’s ten most nearby villages during the rice harvest. munity. prominent black pastors. On these patrols into the Vietnamese jun- I know Nancy will not retire completely from In 1995, Apostle Revills was formally and gles Mr. Bozella courageously volunteered to performing public service. It is my hope that publicly ordained as an Apostle of Jesus be the patrol’s point man. In this capacity he she will now have more time to spend on per- Christ. He received an honorary Doctorate of

VerDate Aug 31 2005 05:07 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A27JY8.020 E27JYPT1 ycherry on PROD1PC64 with REMARKS E1558 CONGRESSIONAL RECORD — Extensions of Remarks July 27, 2006 Divinity and his ring, staff, and crown—official Missouri. Hannah is a student at Benton High to release U.S. Government records related to symbols of his position. I was fortunate School and she has been chosen to receive crimes committed by the Nazi and Japanese enough to have worshipped with him at this, the YWCA Women of Excellence Future Lead- Governments during World War II. The re- and several other services, throughout my er Award. sponse to the news was immediate and heart- time as his Congressman. Hannah is recognized as one of the most felt. Since his colleagues conveyed Stan I remember when I first campaigned for sincere and compassionate students at Ben- Moskowitz’s remarkable character and the im- Congress in July of 1992, all of my local polit- ton High School. She has been involved in portant contribution he made to history, I ical advisors told me I must meet and pray for Student Council for four years, was elected would like to share with you some of their the blessings of Apostle Revills. His ability to homecoming queen, and served as Vice thoughts. One person wrote: ‘‘Stan was a man reach out and touch those he met showed that President of both her class and the entire stu- whose broad experience, character and per- he was truly anointed by God. He was a man dent body. sonality drew you in as few have the ability to of great stature physically, and a giant spir- As an athlete, Hannah has lettered in four do. He just radiated intelligence, under- itually. Apostle Revills was a true friend of varsity sports. She has played on three District standing, empathy, insight, and yes, wit. I will mine and I will greatly miss his friendship and Champion basketball teams, served as the miss Stan.’’ Another wrote: ‘‘Stan was a major his guidance—both spiritual and otherwise. captain of the soccer team that advanced to reason for our success. He may not have al- Mr. Speaker, as I rise today to honor Chief the State Playoffs, and served as captain of ways agreed with our conclusions, but he Apostle Revills. I also honor his darling wife the volleyball team. These achievements wanted to be sure that the historical record Ullainee for her service to God and humanity, earned her the honor of being named the Fe- was as complete as possible.’’ Finally: ‘‘What and for her loving marriage to Isaiah. Together male Scholar Athlete for St. Joseph Sports, terrible, shocking news. Stan was a wonderful they had five children and five adopted chil- Inc. person who was unswervingly dedicated to Academically, she is one of the best and dren, and now have 20 grandchildren and sev- pursuing truth, and he performed great service brightest. She is an academic leader who has eral great-grandchildren. Apostle Revills’ leg- to his country in a long and distinguished ca- challenged herself with the most rigorous acy will surely live on in all of them, and in the reer. He will be greatly missed. faith of his followers. classes in preparation for her future. She has Mr. Speaker, these are just a few of the Mr. Speaker, Apostle Revills is a legend in maintained the balance between her class statements from those who knew and worked work and extracurricular activities, while ob- Southwest Georgia and will be remembered with Mr. Moskowitz. I think they speak vol- taining the rank of second in her class. for truthfully speaking the Word of God. I umes of this man who contributed significantly Mr. Speaker, I proudly ask you to join me in stand here today to honor his legacy and to our Nation’s history. Most recently, I met thank him for his friendship. He was truly a recognizing Hannah Barnett. She is an outstanding member of our community and I wish Stan Moskowitz at the IWG press conference man of God and I was blessed to know him. on June 6. As usual, his comments were in- f her the best in her bright future. I am honored to represent her in the United States Con- formative and insightful. He truly was a na- TAKING OUR CASE TO THE gress. tional treasure. AMERICAN PEOPLE I would like to note that Mr. Moskowitz f earned many high honors including two Presi- HON. JOE WILSON HONORING THE LIFE OF STAN dential Distinguished Officer Awards, the Di- OF SOUTH CAROLINA MOSKOWITZ rector’s Medal, the Distinguished Career Intel- IN THE HOUSE OF REPRESENTATIVES ligence Medal, the Distinguished Intelligence HON. CAROLYN B. MALONEY Medal, and the Intelligence Community Medal Thursday, July 27, 2006 OF NEW YORK of Merit. Mr. Speaker, Stan Moskowitz served IN THE HOUSE OF REPRESENTATIVES Mr. WILSON of South Carolina. Mr. Speak- his Agency, his government, and the people of er, on Monday I will join Chairman SAM JOHN- Thursday, July 27, 2006 the United States loyally and with honor. I SON and colleagues on the House Education Mrs. MALONEY. Mr. Speaker, I rise to ex- would like to offer Mr. Moskowitz’s family my and Workforce Subcommittee on Employer— press deep and profound sadness at the pass- deepest condolences. He will truly be missed. Employee Relations for a field hearing in ing of Stan Moskowitz, CIA Director of Con- f Plano, Texas. This hearing will address a key gressional Affairs and integral partner to the COUNCIL OF KHALISTAN PRESI- issue in the debate surrounding illegal immi- Interagency Working Group on Nazi War gration: employee verification systems and Crimes, IWG. Mr. Moskowitz passed away DENT ADDRESSES LONDON IN- employer enforcement. suddenly, after playing tennis, on June 29, STITUTE OF SOUTH ASIA The House border security bill incorporates 2006. It was a great shock to many who were HON. EDOLPHUS TOWNS stringent measures for verifying and complying privileged and fortunate to work with him. OF NEW YORK with employee eligibility. Such provisions are Mr. Moskowitz played an integral role in en- IN THE HOUSE OF REPRESENTATIVES sadly absent from the Reid-Kennedy Senate suring the disclosure of documents related to Thursday, July 27, 2006 bill. the Nazi war crimes. When the Nazi War Throughout August, we will take our case to Crimes Disclosure Act was extended for 2 Mr. TOWNS. Mr. Speaker, Dr. Gurmit Singh the American public. With various field hear- years in February 2005, then Director of Cen- Aulakh, President of the Council of Khalistan, ings, we will differentiate our border- first ap- tral Intelligence Porter Goss asked Mr. recently spoke at the London Institute of South proach from the Reid-Kennedy amnesty plan. Moskowitz, who at the time was retiring as Asia, which was holding a seminar on sepa- Chairman ED ROYCE held two such hearings CIA’s Director of Congressional Affairs, to help rate electorate in India. He also contributed an in July. Mr. Speaker, the response was over- him guide the Agency toward a full disclosure article to the Journal of the London Institute of whelming—the American people are on our of the historical record as captured in CIA South Asia. Both presentations were on the side! files. Based on Porter Goss’s commitment, Mr. same theme: freedom for Khalistan, the sov- As we continue to debate this issue, I hope Moskowitz promised the IWG that CIA would ereign Sikh state that declared its independ- Senate Democrats will realize what the aver- do the following: Declassify information on all ence from India on October 7, 1987, and has age American already understands: We can- Nazis; Declassify operational files associated been under Indian occupation ever since then. not address illegal immigration without ad- with those Nazis; Re-review material that had Dr. Aulakh stressed that a separate elec- dressing border security. been redacted; Undertake such additional torate within India, although it might help some In conclusion, God bless our troops, and we searches that historians or the CIA thought of the oppressed minorities there, would not will never forget September 11th. necessary as the work progressed. be appropriate for the Sikh nation, which is f Under the leadership of Mr. Moskowitz, the separate and distinct from India. He said that RECOGNIZING HANNAH BARNETT CIA has made good on each of these prom- the achievement of full sovereignty and inde- ises. He played a key role in ensuring the suc- pendence for Khalistan is inevitable. He took HON. SAM GRAVES cess of the CIA’s work during the 2-year ex- note of the Sikh farmers whose farms were tension and made a quick, sensitive, and good bulldozed earlier this year by the Government. OF MISSOURI He discussed the Sikh activists who were ar- IN THE HOUSE OF REPRESENTATIVES humored shift from all of his prior responsibilities to an entirely, new, important and difficult rested for raising the Khalistani flag. ‘‘How can Thursday, July 27, 2006 role. India claim it is a democracy and continue to Mr. GRAVES. Mr. Speaker, I proudly pause I first learned of Mr. Moskowitz’s death from hold political prisoners?’’ he asked. ‘‘How can to recognize Hannah Barnett of Saint Joseph, those of us working with the IWG in an effort a democratic, secular state make it a crime to

VerDate Aug 31 2005 05:07 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A27JY8.024 E27JYPT1 ycherry on PROD1PC64 with REMARKS July 27, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1559 raise a flag and make speeches? Would mitted to holding, according to the Move- asserted the sovereignty of the state of Pun- America arrest people for raising the Confed- ment Against State Repression (MASR) (as jab. It seems that the Indian government is erate flag? Would the United Kingdom arrest well as tens of thousands of other political aware and afraid of the rising tide of support prisoners, according to Amnesty Inter- for Khalistan. people for speaking in support of Scottish national.) As Steve Forbes wrote in Forbes Magazine independence?’’ And the answer is that of India proclaims itself the world’s largest in 2002, ‘‘India is not a homogeneous state. course we wouldn’t. We may not like these democracy. How can India claim it is a de- Neither was the Austro-Hungarian Empire. things, but they are not crimes. Yet in India mocracy and continue to hold political pris- It attacked Serbia in the summer of 1914 in the equivalent act gets you arrested. oners? How can a democratic, secular state the hopes of destroying this irritating state Dr. Aulakh noted several other acts of tyr- make it a crime to raise a flag and make after Serbia had committed a spectacular anny against the Sikhs, including the kidnap- speeches? Would America arrest people for terrorist act against the Hapsburg mon- archy. The empire ended up splintering, and ping of human-rights activist Jaswant Singh raising the Confederate flag? Would the United Kingdom arrest people for speaking the Hapsburgs lost their throne.’’ India is Khalra, the murder of former Jathedar of the in support of Scottish independence? doomed to a similar fate. It is not a single, Akal Takht Gurdev Singh Kaunke, the killing of The Sikhs are a separate people from homogeneous state, but many countries the driver for Sikh religious leader Baba India—culturally, linguistically, and reli- thrown together under one umbrella by the Charan Singh, who was tied to two Jeeps giously distinct. As such, the Sikh Nation is British colonial rulers for their convenience. which drove in different directions, tearing this logically and morally a separate nation, a It has 18 official languages. Such countries human being apart, and many other atrocities. separate people. Every day Sikhs pray ‘‘Raj historically fall apart. The Soviet Union, These things are the mark of a tyrannical, to- Kare Ga Khalsa,’’ meaning ‘‘the Khalsa shall Czechoslovakia, and Yugoslavia are other ex- rule.’’ It is part of the Sikh consciousness amples from recent history. talitarian regime, Mr. Speaker. Dr. Aulakh that we are either rulers or we are in rebel- Even former Home Minister L.K. Advani writes that in light of these atrocities, ‘‘inde- lion. has acknowledged the instability of India, pendence for Khalistan is inevitable.’’ Since 1947, the Indian government has been saying in Parliament: ‘‘if Kashmir goes, Dr. Aulakh takes note of the rising support enslaving the Sikh Nation. Under Indian India goes.’’ At a seminar in Lahore in No- for Khalistan in Punjab. He notes the marches rule, Sikhs are slaves. They are exploited, vember 2005, I predicted that India will break being organized, that politicians and other tortured, and killed for the convenience of up into five or six different countries. This Sikh leaders are speaking out for Khalistan, the rulers. Despite India’s repression of the caused the Akali leaders present to walk out, Sikhs ‘symbolized by half a million troops betraying the interests of the Sikh Nation the seminars held by a former member of Par- enforcing the peace of the bayonet’ the Sikhs once again. Sikhs are willing to sit down and liament on the subject, and other activities in are reclaiming the freedom that is our birth- negotiate the borders of a free and inde- support of freedom for Khalistan. right. The record of India’s treatment of the pendent Khalistan. as long as that is the sole Mr. Speaker, the essence of democracy is Sikhs makes it clear that there is no place subject for negotiation. the right to self-determination. All people and for the Sikhs in ‘India’s democracy’. The Sikh Nation has a long and distin- all nations have a right to be free. That is the In 1995, human-rights activist Jaswant guished history of freedom and secularism. idea that gave birth to America. As such, we Singh Khalra published a report exposing In- Guru Gobind Singh Sahib established the Khalsa Nation in 1699 at the historic must be active and vigilant in supporting free- dia’s policy of secret cremations of Sikhs under which Sikh men are picked up, tor- Vaisakhi Congregation in Anandpur Sahib. dom around the world. We should stop our aid tured, and murdered, then their bodies are This event is celebrated every April on the and trade with India, which is only propping up declared ‘unidentified’ and secretly cre- Sikh holiday of Vaisakhi Day. By his action, the repressive regime. The time has come to mated. Khalra did his work by studying sev- Guru Gobind Singh Sahib firmly established put the U.S. Congress on record in support of eral cremation grounds in Punjab. He estab- a distinct identity for the Khalsa Panth. He a free and fair plebiscite in Khalistan and all lished about 25,000 Sikhs who have been se- gave the Khalsa the blessing of sovereignty the minority nations that seek their freedom in cretly cremated. Follow-up work has estab- and independence: Ain grieb Sikhin ko deon South Asia. lished that the number is around 50,000. Patshahi. ‘Khalsa Bagi Yan Badshah.’ The Gurus laid down the correct way for Mr. Speaker, I would like to place Dr. Their bodies have never been given to their families. For his work, Sardar Khalra was the Sikh Nation by their example. Guru Aulakh’s article from the Journal of the London murdered in police custody; no wonder his Nanak Sahib, the first Sikh Guru, con- Institute of South Asia into the RECORD at this body also disappeared. fronted the atrocities of the first Mogul ruler time. The one witness to the Khalra kidnapping, Babar against the innocent population. Guru [From the Journal of the London Institute of Rajiv Singh Randhawa, has been consist- Arun Dev Ji Sahib became a martyr in de- South Asia, July, 2006] ently harassed by the Indian regime. He even fense of his principles and acceptance of the will of God. Guru Teg Bahadur Singh Sahib FLAME OF FREEDOM BURNS IN KHALISTAN: ES- got arrested for trying to hand information sacrificed his life in defense of the weak and TABLISHMENT OF A SOVEREIGN SIKH STATE about the repression of the Sikhs to the Brit- other religions, defending Hindus from IS INEVITABLE ish Home Minister outside the Golden Tem- ple. forced conversions. Today, it is nationalist (By Dr. Gurmit Singh Aulakh) Former Jathedar of the Akal Takht Hindus who are carrying out forced conver- January 2006 was not a good month for the Gurdev Singh Kaunke was murdered by po- sions, more precisely forced reconversions of Sikh farmers in Uttaranchal Pradesh, India. lice official Swaran Singh Ghotna. He has those who have converted to another reli- Their farms were bulldozed and they were never been brought to justice. The driver for gion. thrown out of the state. They had worked Sikh religious leader Baba Charan Singh was The tenth and last Guru, Guru Gobind peacefully all their lives, but now everything killed when his legs were tied to two jeeps Singh Sahib, completed Guru Nanak Dev Ji they had worked for was destroyed. Once which then drove in different directions. The Sahib’s mission. He infused a new spirit into again, the government had decided to make cases of torture by rolling heavy rollers over the Sikh Nation and designed a new road Sikhs the victims. This continues a pattern the legs of Sikh prisoners are too numerous map for the Sikhs. He initiated the Sac- of repression that has kept the Sikh Nation to mention. In 1994, the U.S. State Depart- rament of Steel (khande de pahul), ordained from living in freedom or prosperity. Since ment reported that the Indian government the first five Sikhs as Singhs B the Panj 1984, over a quarter of a million Sikhs have paid out over 41,000 cash bounties to police Piaras, or Five Beloved Ones B and insti- been murdered at the hands of the Indian officers for killing Sikhs. tuted the Order of the Khalsa. From then on, government. The only way that Sikhs will be able to Guru Gobind Singh Sahib commanded the There is no way for these farmers to gain live in freedom, peace, stability, dignity, and Sikhs to mark their distinct identity known redress within the Indian system. They have prosperity, without constantly fearing for through five symbols: unshorn hair, symbol- lost their life’s work with no way of making their lives, is by liberating Khalistan. izing natural and saintly appearance (worn themselves whole. And they have no means The establishment of an independent under a turban); a special comb to keep the to begin again. They received no compensa- Khalistan is inevitable. Support for an inde- hair clean; a steel bracelet symbolizing dis- tion for their bulldozed property. This is just pendent Khalistan is rising in Punjab. Last cipline and gentility; the Kirpan. or sword, a a recent example of why Sikhs need their November, Khalistan slogans were raised at symbol of courage and commitment to jus- own independent country, Khalistan. Nankana Sahib during the celebration of tice, truth, freedom, and human dignity; and Khalistan, the Sikh homeland, declared its Guru Nanak’s birthday and at a subsequent special knee-length under shorts, symbol- independence from India on October 7, 1987. seminar. More than 25,000 people were in at- izing chastity. Since then, India’s brutal repression of the tendance for the birthday celebration. There In 1706 Guru Gobind Singh left this world Sikh nation has intensified. Last year on Re- have been numerous marches demanding for his heavenly abode. Just two ears later. public Day, 35 Sikhs were arrested for mak- freedom for Khalistan in Punjab. Former Banda Singh Bahadur established a Sikh ing speeches in support of Khalistan and Member of Parliament Atinder Pal Singh Raj. It lasted from 1710 until 1716. From 1716 raising the flag of Khalistan. This past June, held a seminar on Khalistan. Even when the to 1765, Sikhs went through horrible persecu- even more Sikhs were arrested for hoisting a Punjab Legislative Assembly canceled the tion by the Mogul ruler Aurang Zeb. During flag and making speeches. They join at least agreements that had allowed Punjabi water that period, Sikhs experienced the chhota 52,268 Sikh political prisoners that India ad- to be diverted to other states, they openly ghalugara (small holocaust) and the wadde

VerDate Aug 31 2005 05:07 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A27JY8.029 E27JYPT1 ycherry on PROD1PC64 with REMARKS E1560 CONGRESSIONAL RECORD — Extensions of Remarks July 27, 2006 ghalugara (large holocaust) In 1762, one third into the Sikh Raj. Sikh rulers were mur- As a member of the community, Cheryl has of the Sikh population was killed in three dered, one after the other. The Sikhs gave been a major advocate of the ‘‘Profit in Edu- days. the British a tough fight in the Anglo-Sikh cation’’ program. She has audited books for In 1765, Sikhs again established Sikh rule wars, but the Sikhs lost the war through the in several Sikh missals (free cantonal repub- betrayal of the Dogra brothers and the Brit- several Parents and Teachers Association’s in lics) as well as the principalities of Patiala, ish annexed Punjab in 1849. the area, and served on the boards of Band Nabha, Faridkote, Kapurthala, Jind, and The Sikh Nation’s desire for sovereignty Boosters and The Coalition for Achievement. Kalsia. This lasted until 1799 when Maha- has not diminished. Sikhs always recite the Currently, she serves on the Clarence J. Car- rajah Ranjit Singh established Khalsa Raj in couplet ‘Raj Kare Ga Khalsa’ after their penter Memorial Fund Board and is very ac- Punjab by uniting the missals and principal- morning and evening Ardas (prayers.) The tive in the Pony Express Chapter of the Amer- ities. They marched into the capital city of Sikhs actively participated in the Indian ican Business Women’s Association. Lahore and hoisted the Sikh flag, mani- struggle for independence from the British. Mr. Speaker, I proudly ask you to join me in festing the spirit of liberty reaffirmed at the Although Sikhs were just 1.5 percent of the Vaisakhi of 1699. This Khalsa Raj lasted population, they gave over 80 percent of the recognizing Cheryl Hale. Her commitment to until 1849 when the British conquered the sacrifices in the freedom struggle. 2,125 Indi- education, business, and the community are Sub-continent. This Sikh nation of Punjab ans were executed during the freedom strug- truly remarkable. I am honored to represent was recognized by most of the Western pow- gle. Of these, more than 1,500 were Sikhs. her in the United States Congress. ers of the time. The contemporary struggle Out of 2,645 exiled by the British, 2,147 were f to liberate the Sikh homeland, Punjab. Sikhs. Khalistan, is part of the same historical At the time of India’s independence in 1947, TRIBUTE TO CHATHAM TOWNSHIP process. the Hindus of India and the Muslims of Paki- Maharajah Ranjit Singh’s rule was the stan received sovereign, independent states. Golden Age for Punjab. Sikhs destroyed Sikhs were supposed to be a party to the ar- HON. RODNEY P. FRELINGHUYSEN Mogul rule and stopped invasions from the rangement and receive their own state as OF NEW JERSEY Afghan rulers to the west. Under the com- well. But the Sikh leadership of the time ac- IN THE HOUSE OF REPRESENTATIVES mand of Hari Singh Nerwa, Sikhs defeated cepted the false promise of Jawahar Lal Thursday, July 27, 2006 the Afghans and occupied Kabul. Nelwa left Nehru (reaffirmed in resolutions of the In- Kabul after securing the promise from the dian National Congress) that they would Mr. FRELINGHUYSEN. Mr. Speaker, I rise Afghans that they would not cross east of have ‘the glow of freedom’ in Punjab and no today to honor Chatham Township, in Morris the Khyber Pass. Maharajah Ranjit Singh law affecting Sikh rights would be passed County, NJ a vibrant community I am proud to and Hari Singh Nerwa invaded Kashmir, without Sikh consent. On this basis Sikhs represent. On September 9, 2006, the good which was part of Afghanistan. and annexed took their share with India. citizens of Chatham Township are commemo- it to Punjab in 1819. India and Pakistan owe However, soon after the independence of a debt of gratitude to the Sikhs, as both India. the Sikhs discovered that they had rating their bicentennial anniversary celebra- countries claim Kashmir as their own. been betrayed. The Indian leaders had no in- tion with a day long extravaganza featuring a During Maharajah Ranjit Singh’s rule, tention of giving them what they had prom- Fireman’s Parade and an old-fashioned coun- Hindus, Muslims, and Christians all had a ised. Home Minister Patel shamefully sent try fair. share of power alongside the Sikhs. All of out a memo describing Sikhs as a ‘criminal In 1806 the Commonwealth of New Jersey them were represented as ministers in his tribe’. The repression of the Sikh Nation officially incorporated the 23 square miles of Cabinet. The Faqir brothers, who were Mus- began with that memo and continues to this land to the north and east of the Great Swamp lims, were trusted ministers in the inner cir- day. cle of Maharajah Ranjit Singh. General Ven- The time has come for Sikhs to break free and west of the Passaic River as the Town- tura, a Christian, was in charge of the artil- of the repressive Indian regime. This is the ship of Chatham. It originally included the lery. The Hindu Dogras (Dhian Singh Dogra only way that their human rights will ever areas that are now the boroughs of Chatham, and his brother Lal Singh Dogra) wielded be respected. And the world is beginning to Madison and Florham Park. The coming of the enormous power with Maharajah Ranjit notice. In the United States Congress, the Morris and Essex Railroad in 1837 led to Singh. Congressional Record is serving as a vehicle sharp increases in the population of the town- The Dogras betrayed the Sikhs and con- to keep an accurate record of the repression ship which resulted in incorporating Chatham, nived with the British in the defeat of the and to defeat India’s effort to whitewash the Madison and Florham Park as separate bor- Sikh army. situation and the history of the Sikhs and When Hari Singh Nalwa took a lone bullet other minorities. The Congressional Record oughs. from an Afghan, he wrote his last letter in carries repeated calls for a free and fair pleb- In the late 1870s and 1880s the area be- blood rather than ink to bid his last fateh to iscite on the independence of Khalistan and came a center of the rose-growing industry. Maharajah Ranjit Singh. Nalwa had pre- the other nations seeking their freedom from The specialty of one of the greenhouses was viously asked for more troops but those let- India. There are also repeated calls for a cut the American Beauty rose with a 5-foot-long ters were intercepted by the Dogra brothers, off of U.S. aid to India until human rights stem. At Christmas they were sent to Euro- who kept the requests to themselves instead are respected. The pressure is mounting for pean royalty. Fifty were also sent to Queen of telling Maharajah Ranjit Singh. They human rights and freedom in South Asia. wanted Hari Singh Nalwa to be killed. Victoria in recognition of her golden anniver- How soon will India collapse under the pres- sary. Nalwa instructed the messenger to give his sure? It is only a matter of time. letter to Maharajah Ranjit Singh personally After a 5-year construction ban during World and to no one else. The messenger arrived f War II, large farms gave way to luxurious early in the morning. RECOGNIZING CHERYL HALE home sites. Former rose farms became two Maharajah Ranjit Singh and Dhian Singh major shopping centers at the comer known Dogra were out for a morning walk. When as Hickory Tree, named for a hickory tree the messenger tried to give the letter to Ma- HON. SAM GRAVES harajah Ranjit Singh, Dogra tried to inter- OF MISSOURI planted during President James Madison’s cept it. The messenger told Maharajah IN THE HOUSE OF REPRESENTATIVES term. Ranjit Singh that he was instructed to give In 1959 the Port Authority of New Jersey the letter to him personally. When Maha- Thursday, July 27, 2006 and New York considered the Great Swamp to rajah Ranjit Singh read the letter, he was so Mr. GRAVES. Mr. Speaker, I proudly pause be the ideal location for a major metropolitan angry with Dhian Sigh Dogra that he hit to recognize Cheryl Hale of Saint Joseph, Mis- airport. Through the massive efforts of area Dogra with his water bucket. Then he in- souri. Cheryl has enjoyed a successful bank- residents, the Great Swamp was secured structed the army to get ready to march to- ing career spanning 28 years and has been through donations as a federally protected wil- wards Afghanistan. They arrived at the River Attack. It was chosen to receive the YWCA Women of Ex- derness area now known as the Great Swamp flooded. It had overflowed its banks. The cellence Award for Women in the Workplace. Wildlife Refuge, a national treasure. Sikhs wanted to wait until the flood was Cheryl truly built her career from the ground High above the Passaic River on the east over, but Maharajah Ranjit Singh led his up. At the age of 22, Cheryl already had a side of town, the Little Red School House was horse into the river. The water went down family to support, yet she had little education built in 1860. A school until 1928, the building and the Sikhs crossed the river. Maharajah and experience. She took the initiative and ob- eventually became the property of the town- Ranjit Singh fought the Afghans and detained her General Education Degree. She ship and housed the police and administrative feated them. That stopped the incursion of then took her first job working as a book- offices until 1988. Today the historic building the Afghans into the Sikh territory of Pun- jab. keeper, while she began taking college class- appropriately houses the Township Museum After the demise of Maharajah Ranjit es at night. In 1990, Cheryl graduated Summa and Historical Society. Singh in 1839, the British infiltrated their Cum Laude from Missouri Western State Col- Today Chatham Township consists of 9 agents like the Dogra brothers and others lege with a degree in Business Administration. square miles housing 10,000 people. The

VerDate Aug 31 2005 05:07 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A27JY8.031 E27JYPT1 ycherry on PROD1PC64 with REMARKS July 27, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1561 horse farms, dairy farms and rose green- HONORING SANDY AUGLIERE ON but this event has always been a success and houses are gone, but the five-person township HER 90TH BIRTHDAY an important community event. committee form of government continues as it This year’s festivities will be no exception, was in 1806. HON. TOM DAVIS thanks to the chairmen and the community Mr. Speaker, I urge you and my colleagues OF VIRGINIA leaders who have planned the event. Activities to join me in congratulating the residents of IN THE HOUSE OF REPRESENTATIVES will include: dancing, refreshments, prizes, and souvenirs. Chatham Township on the celebration of 200 Thursday, July 27, 2006 years of rich history and the building of one of I ask my colleagues in the United States New Jersey’s finest municipalities. Mr. TOM DAVIS of Virginia. Mr. Speaker, I House of Representatives to join me in hon- rise today to honor Sandy Augliere on her oring the ‘‘Old Timers’’ of New Castle and their families. It is an honor to represent the f 90th birthday and recognize her many accomplishments as well as her years of dedication Fourth Congressional District of Pennsylvania TRIBUTE TO MUNCIE SHERIFF IN to the Lake Barcroft community. and a pleasure to salute the achievements SNIPER ARREST Sandy Augliere was born Mary Margaret and fine traditions that truly improve the lives Reed in Marion, N.C., but most everyone who of the senior citizens of the New Castle and has met her knows her simply as Sandy. neighboring communities. HON. MIKE PENCE Through her engaging personal demeanor and f business acumen, Sandy has become an insti- OF INDIANA tution in the Lake Barcroft real estate commu- REPUBLICAN FISCAL POLICY IS WORKING IN THE HOUSE OF REPRESENTATIVES nity. In addition, Sandy has been a dedicated and loving wife to her husband Vince, and Thursday, July 27, 2006 mother to her four children, Carol, Noel, Reed HON. JOE KNOLLENBERG and Tom. OF MICHIGAN Mr. PENCE. Mr. Speaker, a tragic tale of The senior associate broker at Long and IN THE HOUSE OF REPRESENTATIVES death and sniper shootings over the weekend Foster, Sandy has been in the real estate Thursday, July 27, 2006 has turned into a bittersweet success story for business for some 50 years. She has been in law enforcement in my home state of Indiana. the top 1 percent of Realtors nationally and is Mr. KNOLLENBERG. Mr. Speaker, earlier Early Sunday morning, after leaving a rel- a lifetime Million Dollar Club member. In the this month the White House Office of Manage- ative’s hunting party on a Washington County course of her impressive career, she has sold ment and Budget handed down good news in farm, Zachariah Blanton, a 17-year-old Gas- or re-sold approximately 700 to 800 of the its mid-year budget update—the Republican ton, Indiana native, committed four shoot- 1,044 houses in the Lake Barcroft. Even fiscal policy is working. This year’s budget def- ings—two along Interstate 65 in Jackson today, Sandy works seven days a week, and icit is now forecasted at $296 billion, which is County and another pair along Interstate 69 in has no plans to quit. 30 percent lower than the February projec- Delaware County. In establishing her impressive real estate tions. We have made great progress in eliminating The previous two left Jerry Ross, age 40 of accomplishments, she led opponents of dis- the budget deficit through fiscal responsibility New Albany, dead and another man injured. crimination against African Americans in the home buying market. Sandy sold homes to a and through increased tax revenues brought Mr. Speaker, this tale is all too familiar to diverse group of individuals and families, in- on by lower taxes. those living in the 50-mile radius of this very cluding Supreme Court Justice Thurgood Mar- Since the President’s tax cuts were fully im- Chamber from which we speak today. For it shall and Attorney General of the United plemented in 2003, we have seen consistent was October of 2002 when the hearts of the States Ramsey Clark. and substantial growth in tax revenue. This re- American people were troubled by barbaric Throughout her ongoing success, she has affirms our knowledge that when we ease the acts of terror that felled innocent women, men, never advertised on television. Instead, she tax burden on the American people, we be- and even children, in the vicinity of our Na- depends on friends and word of mouth. If come more productive. As we face future tion’s Capital. asked, Sandy is quick to point out that her budget challenges it is important to keep that Whatever the motivation, the acts of John personal touch has always been a hallmark of fact in mind. Allen Muhammad in Washington and Zacha- her success. This same personal touch has We must do what is best for Americans. As riah Blanton are acts of terror. These perpetra- been felt in Lake Barcroft through her commu- we all can see by the new forecasts . . . cut- tors defied civilized behavior and believed they nity service as Lake Barcroft Association ting spending and reducing taxes produces could defy the finest local, State, and Federal president and Woman’s Club president. real results. law enforcement in the world. How wrong they Mr. Speaker, in closing, I would like to ex- f tend my heartfelt thanks to Sandy Augliere for were. EXPRESSING SENSE OF CONGRESS her contributions to the Lake Barcroft commu- Mr. Speaker, Zachariah Blanton was appre- THAT VENEZUELA SHOULD SUP- nity. She is an exemplary model of success hended by Indiana law enforcement on Tues- PORT STRATEGIES FOR ENSUR- and citizenship. I call upon my colleagues to day of this week, just two days after his hei- ING SECURE AIRPORT FACILI- join me in recognizing her on the occasion of nous crimes. TIES her 90th birthday. Compared to the sad slayings that para- f lyzed Washington for nearly two months in SPEECH OF 2002, one can only stand in honor and TRIBUTE TO 100TH ANNIVERSARY HON. SHEILA JACKSON-LEE amazement at the quick end to the events of OF OLD TIMERS DAY OF TEXAS this week in the Hoosier State. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I applaud the coordination ef- HON. MELISSA A. HART Wednesday, July 26, 2006 forts of the Indiana State Police with Jackson OF PENNSYLVANIA County officials, but rise with particular def- IN THE HOUSE OF REPRESENTATIVES Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today to revise my previous statement erence to Sheriff George Sheridan and his Thursday, July 27, 2006 Delaware County Department of whom the regarding H. Con. Res. 400. I rise in opposi- residents of East Central Indiana are most Ms. HART. Mr. Speaker, I would like to take tion to H. Con. Res. 400. While I believe the proud this morning. this opportunity to acknowledge the 100th An- United States should address the issue of niversary of Old Timers Day, a city tradition in drug trafficking from Venezuela, this resolution Mr. Speaker, the nation is watching Dela- New Castle, Pennsylvania, since 1906. is too harsh a condemnation of the Govern- ware County and Sheriff George Sheridan, The first annual Old Timers picnic took ment of Venezuela. and the nation is impressed. place at Cascade Park on August 23, 1906, It should be the goal of the United States to On behalf of the residents of east central In- drawing in 7,000 residents of New Castle and work closely with Venezuela and the other na- diana, I offer a heartfelt thanks to Sheriff has continued as an annual affair. The second tions of this region to combat the trafficking of George Sheridan and all law enforcement offi- year’s picnic drew 11,000 people, and by the narcotics and other controlled substances. It is cials across the Hoosier State. God Bless you third year, attendance jumped to 17,000. The not only out of concern for the welfare of our for your hard work. figures have fluctuated throughout the years, own Nation if illegal substances and laundered

VerDate Aug 31 2005 05:07 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A27JY8.035 E27JYPT1 ycherry on PROD1PC64 with REMARKS E1562 CONGRESSIONAL RECORD — Extensions of Remarks July 27, 2006 money are allowed safe passage here; we beneficiary premiums due to Congressional nomic, security, and cultural cooperation be- must also express our concern for the welfare action to increase physician payments. tween India and the United States and am of Venezuelans and others around the world. It is critical that Congress protect the right of proud that in recent years the relationship be- The control of harmful substances is an inter- beneficiaries to see their doctor in Medicare. tween our two countries has made rapid ad- national effort in which we must all take an ac- The vast majority of seniors and people with vances in so many areas. tive and engaged role. disabilities are and will remain in Medicare Because of the growing importance of that I am deeply committed to fighting our inter- where they have the freedom to choose their relationship, it made sense for the Bush Ad- national war on drugs. However, the United own doctor and get the care that is right for ministration to consider expanding the U.S.- States diplomacy has been entirely too weak them. India strategic partnership to include civilian in this regard, and we must recognize that While ideally we will develop a new pay- nuclear energy development. In the context of Venezuela is an ally, not an enemy. Our for- ment system that integrates payment and our friendship with India, I support the concept eign policy must be governed by what is best quality, we do not have enough information of civilian nuclear cooperation, and I will sup- for the American people rather than by what and data to implement such a system at this port this legislation today. party is in power. Recent evidence shows a time. My legislation would provide a temporary U.S. law prohibits nuclear cooperation with general lack of enforcement in Venezuela of increase for doctors while Congress continues countries that have not pledged under the Nu- the measures necessary to avoid the traf- to work toward a permanent solution. clear Nonproliferation Treaty—like India—to ficking of narcotics and other controlled sub- f forgo nuclear weapons. H.R. 5682 carves out stances. However, instead of delivering a politan exception for India to allow it to gain ac- ical attack to a nation for a lack of customs IN HONOR OF MARY LOU cess to long-denied civilian nuclear technology control in an international airport, we must be MCCUTHEON’S SERVICE TO THE in exchange for opening 14 out of 22 of its nu- constructive and pragmatic in our call for SENIOR CITIZENS OF SUSSEX clear facilities to inspections under the Inter- stricter enforcement. COUNTY, NEW JERSEY national Atomic Energy Agency. Importantly, I support the message of this resolution to the bill requires that India and the International ensure the compliance of the international HON. SCOTT GARRETT Atomic Energy Agency negotiate a safeguards community with the Organization of American OF NEW JERSEY agreement and that the Nuclear Suppliers States conventions and comprehensive trea- IN THE HOUSE OF REPRESENTATIVES Group approve an exemption for India before ties on narco-terrorism. However, we would Congress votes on the final cooperation benefit from more constructive engagement in Thursday, July 27, 2006 agreement. That means Congress will have a diplomatic relations with our allies in the West- Mr. GARRETT of New Jersey. Mr. Speaker, chance to vote up or down once more, this ern Hemisphere rather than simply issuing a for 15 years, Mary Lou McCutcheon has time on the final negotiated agreement. I think reprimand. served the senior citizens of Sussex County that’s the right approach. I urge my colleagues to vote against this with integrity, dedication and pride. Under her In exchange for getting access to sensitive resolution and support better diplomatic rela- leadership, first at the County Office on Aging nuclear technology and fuel supplies, India tions with the Government of Venezuela. and then at the Division of Senior Services, has promised to continue the moratorium on f seniors in Sussex County have seen an im- nuclear weapons testing, to separate its civil- proved quality of life financially, medically, and ian and military nuclear programs and not to INTRODUCTION OF THE PATIENTS’ socially. She has always put forth extra effort, transfer the nuclear technology to third parties. ACCESS TO PHYSICIANS ACT going far beyond what was required of her job, But the deal would not prevent India from (PAPA) to address the needs of the elderly in Sussex ramping up its military nuclear program. communities with true compassion. Whether or not India actually begins building HON. JOHN D. DINGELL Mary Lou has also served as a spokes- more nuclear arms is less important than the OF MICHIGAN person for the elderly on both the state and fact that it will have the capability to do so, IN THE HOUSE OF REPRESENTATIVES national level. Just last year, Mary Lou was and it is unclear what actions countries like China and Pakistan might take in response to Thursday, July 27, 2006 appointed by the Governor to be part of the New Jersey delegation to attend the White that new reality. Mr. DINGELL. Mr. Speaker, this legislation House Conference on Aging. I tend to agree the statement by Rep. BER- responds to the fact that physicians are cur- Her achievements have been too numerous MAN (D–CA) in his additional views on H.R. rently scheduled to receive a significant reduc- to list and will not be forgotten anytime soon. 5682 that ‘‘only a halt on fissile material pro- tion in their Medicare payments over the next Without a doubt, Mary Lou has touched the duction would make this deal a net plus for 5 to 10 years. The Medicare Trustees have lives of many through her public service in nonproliferation.’’ In the July 2005 joint state- projected that Medicare payments to physi- Sussex County. Upon the occasion of her re- ment between President Bush and Prime Min- cians will be cut by 4.6 percent in January. tirement, I extend my warmest appreciation to ister Manmohan Singh, India committed to And, if Congress does not act, physicians will Mary Lou for her years of service and my best ‘‘assume the practices and responsibilities’’ of see a cumulative cut of approximately 37 per- wishes for a happy retirement. other advanced nuclear powers. With four of cent through 2015. Providers in Michigan f the five recognized nuclear weapons states al- alone stand to lose $8 billion over this time ready having stopped producing fissile mate- period if the cuts that are forecast are allowed UNITED STATES AND INDIA NU- rial for nuclear weapons and China believed to to take effect. CLEAR COOPERATION PRO- have halted production, it would seem that My legislation would provide a temporary MOTION ACT OF 2006 India should be able to ‘‘assume’’ this impor- halt to these Medicare physician payment tant practice. cuts. It would provide a positive physician up- SPEECH OF Yet the agreement itself does not include date, expected to be between 2 and 3 per- HON. MARK UDALL any promise by India to cease its production cent, in both 2007 and 2008. The update of fissile materials. So I remain concerned OF COLORADO would reflect physician practice cost inflation. about the potential effects of the agreement This follows the advice of the Medicare Pay- IN THE HOUSE OF REPRESENTATIVES on our broader nonproliferation goals, since ment Advisory Commission’s recommended Wednesday, July 26, 2006 the real has ramifications far beyond the U.S.- formula of increases in physician practice The House in Committee of the Whole India relationship. That’s why I supported an costs minus productivity adjustment. House on the State of the Union had under amendment based on a proposal by former This legislation would also protect bene- consideration the bill (H.R. 5682) to exempt Senator Sam Nunn to allow the exports of nu- ficiaries from any additional premium in- from certain requirements of the Atomic En- clear reactors and technology to India but not creases that would otherwise be caused by ergy Act of 1954 a proposed nuclear agree- the transfers of reactor fuel until it had been this change in physician payments for these 2 ment for cooperation with India: determined that India had halted the produc- years. For seniors living on fixed incomes, un- Mr. UDALL of Colorado. Mr. Chairman, I tion of fissile material for its weapons program. expected increases in their living expenses rise in qualified support of this legislation. We must try to strike the right balance be- can impose hardship. The Part B premium al- India is the world’s largest and most diverse tween strengthening our relationship with India ready consumes 9 percent of the average So- democracy and a strong ally and friend of the and also maintaining our robust and time-test- cial Security check. Thus, the bill ensures that United States. As a member of the India Cau- ed international nuclear nonproliferation re- beneficiaries would not see an increase in cus, I recognize the benefits of increased eco- gime. I will support the bill today, but once the

VerDate Aug 31 2005 05:07 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A27JY8.040 E27JYPT1 ycherry on PROD1PC64 with REMARKS July 27, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1563 agreement has been negotiated and before While Al’s name may not be easily recog- early days or as a vintner, artist neighbor, na- Congress takes its final vote on the deal, I nized in these halls of Congress, millions of tional spokesman or loving family member, we plan to carefully scrutinize the agreement to the constituents we represent have benefited all carry a little of Al with us today. We, in a ensure that it strikes a balance I can support. from the extraordinary quality, high standards sense, could be considered his budwood. And f and international recognition he has brought to we, in a sense, have a responsibility to spread the American wine industry. the spirit and vitality that defined this American HONORING TIM FRIEDMAN Al Brounstein’s single vineyard Diamond icon. Creek cabernets have set the industry stand- Al has encouraged us to be proud of what SPEECH OF ard for quality and enduring structure for more we do, focus on what matters, strive for qual- HON. JIM McDERMOTT than three decades. National and international ity, and always remember that we are all part OF WASHINGTON wine critics have long credited Diamond of something that is much larger than our- IN THE HOUSE OF REPRESENTATIVES Creek’s unmatched success with Al’s pio- selves. neering efforts in bringing the French tradition Like his wines, the powerful concentration of Monday, July 24, 2006 of ‘‘Terroir’’ to our shores. But to those of us his vision and the enduring structure of his Mr. MCDERMOTT. Mr. Speaker, I rise to ac- who have had the pleasure of getting to know character will continue to last for a very long knowledge Mr. Tim Friedman’s 30 years of Al, it is at best naive to ignore the fact that time through the lives he has touched. dedicated service in the U.S. House of Rep- more than any other single ingredient, Al’s f resentatives and the Democratic Cloakroom. character was responsible for the works of art Now 30 years may seem like a long time, he bottled. The land and the climate were only TRIBUTE TO THE SESQUICENTEN- but really it’s only 6 in ‘‘Tim Years.’’ That is to a part. It was Al. Or as I like to call it: It was NIAL OF THE CITY OF say, six World Series wins resulting in rings the Napa Valley tradition of ‘‘Al’oir.’’ BRODHEAD, WISCONSIN for the Yankees. I have to wonder if Tim’s re- I had the honor and extreme pleasure of tirement may have something to do with the knowing Al and his wonderful wife Boots for HON. TAMMY BALDWIN prospect of Barry Sullivan’s Boston Red Sox many years. While the world outside of our OF WISCONSIN winning a few more World Series’ and nar- valley may have known him for his wine, those IN THE HOUSE OF REPRESENTATIVES rowing the Yankees’ lead in titles. fortunate enough to be a part of his commu- Thursday, July 27, 2006 Now safe at home—quite literally—I can nity knew him for his sense of humor, his love publicly disclose how I caused one blemish on of life, his loyal friendship and his heroic, 23- Ms. BALDWIN. Mr. Speaker, it is with great Tim’s otherwise perfect congressional record. year battle against a debilitating neurological pride that I rise today to recognize the sesqui- The March Madness NCAA basketball tour- disease. centennial celebration of the city of Brodhead, nament bracket was overseen by Tim for Mr. Speaker, I know I am not the first and Wisconsin. I am indeed fortunate to represent years, and he ran a tight ship. You were in by I certainly will not be the last public official to such a great city. the deadline, or you were out of the pool—ex- express his disappointment over a newspaper Brodhead is a proud and progressive com- cept for this one time. account. But I was angered to read a recently munity of 3,200 found in the beautiful country- On a late flight home I realized that I had printed report regarding Al, stating he had side of southern Wisconsin. This peaceful city forgotten to put my entry in for the congres- passed away after ‘‘losing his battle with Par- offers several unique tourist attractions. The sional NCAA pool. As soon as I returned to kinson’s.’’ Those of us who knew Al well know most notable is the 23-mile long Sugar River D.C., I petitioned the court of last resort, Tim that he did not ‘‘lose’’ one darn thing to Par- Bike Trail, which includes a ride under the Na- Friedman, believing my cause was virtually kinson’s. Parkinson’s may have picked the tional Award Winning Clarence Covered hopeless, but imagining myself shooting that fight, but it was Al who ended up kicking its Bridge replica constructed by the Brodhead desperate last second three-pointer to win the backside. Jaycees. Brodhead sponsors an annual fes- big game. Al fought it with a sense of humor and a wry tival in honor of the bridge, Covered Bridge To my complete surprise, Tim allowed my wit that remains unmatched. He also fought it Days, which features a tractor pull and flea desperate shot to count, and he allowed me to with his commitment and tireless efforts that market. slip in my late entry. Even with his charity, I raised millions of dollars to fund research for The city was formally founded during the still managed to go 0 and out in the Big a cure. spring of 1856, and named in honor of engi- Dance! Still, I’ll never forget his wisdom for let- Mr. Speaker, if there is one disease in our neer Edward Brodhead, who was the master- ting me in, and my folly for believing I could modern time that knows it was in a fight, it is mind behind the Milwaukee and Minnesota handicap the results. Parkinson’s and it has Al’s boot prints all over Railroad. Only a year later the infamous Tim’s sports enthusiasm—near-fanaticism, it. Every time he refused to complain about his Brodhead Band was founded. The bandwagon really—will be sorely missed around the illness, it took a kick. Every time he created was pulled by six horses and traveled far to Cloakroom. More than that, however, we will another original painting that would be auc- Freeport, Illinois, for the Lincoln-Douglas de- miss Tim Friedman’s smile, his warmth and tioned for research, it took a kick. And every bate. They even enlisted in the Civil War and his gracious humanity. We hear a lot about time he tried to put his visitors at ease by marched in the Grand Review in Washington world-class athletes. Tim Friedman is a world- shrugging off his tremors with a funny quip, he at the end of the war. class human being. gave it another swift kick. Residents point to the Half-Way Tree as It has been my distinct pleasure to work All of us were so very proud of Al and Boots their city’s most recognized feature. The bur with him, an honor to know such a genuine when he was recognized for his leadership in oak tree is located south of the city, and and goodhearted man, and a sad but proud this field by winning the ‘‘Buddy’’ Award for marks the halfway point from the Great Lakes moment for me to say goodbye and best wish- Enduring Spirit at the Annual Morris K. Udall to the Mississippi River. It is believed that Na- es. National Awards Ceremony just a few years tive Americans planted the tree purposefully f ago. there in the 19th century. And Al’s vision went far beyond making Brodhead’s rich history in manufacturing CELEBRATING THE LIFE OF AL great wine and fighting disease. He had an and industry has and continues to provide the BROUNSTEIN equally unbridled vision and passion to make city with a solid economic foundation. Most re- friends with nearly everyone he met. And, like cently, Stoughton Trailers, Kuhn Knight, Inc., HON. MIKE THOMPSON his wine, he just did not simply make them, he and Woodbridge Corporation have helped to OF CALIFORNIA nurtured and cared for them. contribute to Brodhead’s prosperity. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, nearly a thousand of these The celebration for this momentous mile- very special friends are gathered today at the stone will start on August 11 with an opening Thursday, July 27, 2006 Culinary Institute of America to celebrate Al’s ceremony followed by a city-wide street Mr. THOMPSON of California. Mr. Speaker, remarkable life. They represent diverse back- dance. The residents of Brodhead will con- I rise today to celebrate the beautiful and in- grounds and many uncommon occupations tinue to commemorate 150 years through the spirational life of a true American icon. Al brought together by one common influence. weekend, finishing on August 13 with tractor Brounstein, a longtime leader in California’s Al liked to refer to the famous budwood he pulls and fireworks. The festivities’ theme of Napa Valley and producer of some of the creatively brought into California from France ‘‘Pride in the Past, Faith in the Future’’ is a world’s finest wines for over 30 years, passed to start his vineyard as ‘‘suitcase clones.’’ perfect representation of all that this wonderful away on June 26. Whether you knew him as a salesman in his city encompasses. The people of Brodhead

VerDate Aug 31 2005 05:07 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A27JY8.043 E27JYPT1 ycherry on PROD1PC64 with REMARKS E1564 CONGRESSIONAL RECORD — Extensions of Remarks July 27, 2006 deserve recognition for their great contribu- STATEMENT RECOGNIZING THE of the EU have expressed similar concerns, tions to the state of Wisconsin, and I congratu- 32ND ANNIVERSARY OF TUR- and I have urged Secretary Rice to emphasize late them on reaching this historic benchmark. KEY’S INVASION OF CYPRUS those factors as the EU continues its delibera- tions. f HON. JAMES R. LANGEVIN Despite the obstacles and disappointments OF RHODE ISLAND we have experienced in the past, we cannot TRIBUTE TO CORPORAL MATTHEW IN THE HOUSE OF REPRESENTATIVES abandon our vision of a Cyprus that is again WALLACE Thursday, July 27, 2006 unified and able to reach its fullest potential in the international arena. The United States has Mr. LANGEVIN. Mr. Speaker, as a proud stood beside her in the past, and we will un- HON. STENY H. HOYER member of the Hellenic Caucus, I wish to rec- doubtedly maintain this strong relationship for ognize the 32nd Anniversary of the Turkish in- OF MARYLAND years to corne. vasion of Cyprus. On July 20, 1974, under the Again, I thank my colleagues on the Hel- IN THE HOUSE OF REPRESENTATIVES pretense of peace-keeping operations, Turkish lenic Caucus for their recognition of this impor- Thursday, July 27, 2006 forces occupied northern Cyprus and gained tant event. de facto control in the annexed territory. Mr. HOYER. Mr. Speaker, the tragic death Today we remember those who lost their lives, f of a young soldier from St. Mary’s County, the barrier that was erected, and the political TRIBUTE TO DR. GLORIA JEAN Maryland, who gave the ultimate measure of upheaval it created. Sadly, despite attempts MCCUTCHEON sacrifice in the global war on terror, saddens by the United Nations for a reunification settle- all of us. As we continue to fight this war, the ment, the country remains divided. loss of each and every service member is a On this anniversary, in addition to mourning HON. JAMES E. CLYBURN tragedy. and remembering, let us also look forward as OF SOUTH CAROLINA positive developments have recently occurred. St. Mary’s County, the State of Maryland, IN THE HOUSE OF REPRESENTATIVES Earlier this month, Cypriot President Tassos and our Nation lost a great hero when Army Thursday, July 27, 2006 Papadopoulos and Turkish Cypriot leader Corporal Matthew Wallace of Lexington Park Mehmet Ali Talat agreed to begin a process of Mr. CLYBURN. Mr. Speaker, I rise today to died from his injuries after being hit by a road- bilateral discussions to find a comprehensive pay tribute to a community leader, university side bomb on July 16th. settlement to the ongoing Cyprus problem. professor, and accomplished scientist, Dr. Glo- Matthew Wallace is the 50th Marylander Both sides recognize that the status quo is de- ria Sanders McCutcheon. After a distinguished killed in the war in Iraq. plorable and its prolongation will continue to career spanning over 30 years, Dr. Matthew told his family that he dreamed of have negative consequences for both Turkish McCutcheon is retiring from Clemson Univer- becoming a soldier. Today, a grateful Nation and Greek Cypriots. The Set of Principles sity. Throughout her tenure in academia, she thanks him for sacrificing his life in the pursuit agreed to by the leaders includes a commit- has blazed trails for future generations and of enduring freedom. ment to the unification of Cyprus based on a has provided steadfast support to her community. He served in the Army’s 10th Cavalry Regi- bizonal, bi-communal federation and political Renowned scientist Dr. George Washington ment, 2nd Brigade Combat Team, 4th Infantry equality, as set out in Security Council resolu- Carver once said, ‘‘When you do the common Division at Fort Hood, Texas. Often working at tions. Discussions would immediately com- things in life in an uncommon way, you will the front of his larger unit, he earned distinc- mence to focus upon issues that affect the command the attention ofthe world.’’ Dr. tions as a marksman and earned the Army day-to-day life of the people while addressing McCutcheon has taken this admonition to Achievement Medal. those that concern substantive issues, both of which will contribute to a comprehensive set- heart. Born and raised in Denmark, SC, she is In correspondence with his family, Wallace tlement. This momentous agreement is the a product of its public schools. She is the expressed his hope that he was helping the first step to engage in direct negotiations since daughter of Mr. David Sanders, Sr. and the Iraqi people. Unquestionably, his efforts gave Cyprus’s admission to the European Union on late Mrs. Hattie Mines Sanders, who taught generations of Iraqis the dream of democracy. May 1, 2004. her the value of hard work, a good education, Wallace attended Great Mills High School, Recent events represent great triumphs for and a close personal relationship with the Al- earned his GED, and worked at several local the Cyprus state and affirm Cyprus’s willing- mighty. She completed her secondary edu- businesses in his hometown of Lexington ness and determination to diplomatically re- cation at Voorhees High School, and the Park, including Linda’s Cafe and a local con- solve the decades-old inter-communal conflict. bachelor and masters degrees at Clemson venience store where his co-workers praised U.S. support, in conjunction with the U.N. and University, B.S. zoology and M.S. entomology. his maturity and sense of commitment. He en- EU, will play an integral role in ensuring suc- With that foundation, Dr. McCutcheon de- listed in the Army in early 2004. cessful Cypriot negotiations. The United cided to take a different path in her profes- When he deployed to Iraq in December, he States must consider Cyprus as one of our sional life, becoming a pioneer in the field of was well aware of the danger he would be nation’s top foreign policy priorities. As Ameri- entomology. In 1987, she received a doctorate facing. ‘‘He chose to do this,’’ his mother said cans, we must guarantee that our foreign pol- from the University of Georgia, becoming the proudly. His sister Jessica recalled flying icy reflects our values of justice, equality and first African American to earn a Ph.D in ento- home from Basic Training with Matthew, who responsibility, and promoting a lasting peace mology from that institution. After returning to was still in full uniform, and a man came up and stability in Cyprus will help further those her native South Carolina, Dr. McCutcheon to him and thanked him for his service. His values. The United States holds a unique po- became an integral part of the Clemson Uni- older sister said she then realized, ‘‘he was sition of trust with both Greece and Turkey, versity faculty. now America’s son, America’s brother.’’ and we must use our influence to work toward Dr. McCutcheon currently serves as a re- a solution that is acceptable and equitable to search scientist and professor emerita in the Matthew’s service to our Nation was source all of Cyprus’s residents. Department of Entomology, Soils, and Plant of great pride to his parents, Keith and Mary, The European Union will also play an impor- Sciences at Clemson University. Her research as well as his sisters, Jessica, Abigail and tant role in charting the future of Cyprus. I was has contributed greatly to the decrease in pes- Micah. Matthew was a Top Gunner for a Brad- a strong advocate of Cyprus’s admission to ticide usage in soybean, cotton, and vegetable ley Vehicle for his unit in Iraq who once told the EU because Cyprus, like the United production. She has published over 75 papers his mother ‘‘he was going to fight the war on States, shares a commitment to democracy, in scientific journals and extension manuals, terror so his sisters’ children never had to.’’ He human rights, and the concept of equal justice as well as two book chapters as Encyclopedia felt compelled by the events of September 11 under the law. Also, the EU’s consideration of Entries. to do something more for his Nation. Turkey’s application for membership provides She is a Kellogg Fellow and has traveled Indeed, Matthew Wallace gave his life for all a prime opportunity for needed reforms. If Tur- throughout the U.S. and to South America, of us. As his Representative in Congress, I am key wishes to increase its global profile and to Central America, Europe and Africa to study grateful for his patriotism and his sacrifice. gain the world’s respect, it must earn it by and teach environmental entomology. She has The Fifth District of Maryland and all Ameri- demonstrating its commitment to peace in Cy- been honored with the Award for Faculty Ex- cans join the Wallace family in mourning the prus, as well as other important priorities such cellence by the Clemson University Board of loss of this fine young man a real hero. as ending the blockade of Armenia. Members Trustees in both 2002 and 2004. She has

VerDate Aug 31 2005 05:07 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A27JY8.047 E27JYPT1 ycherry on PROD1PC64 with REMARKS July 27, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1565 served as president of the South Carolina En- Zubia, GRAC Chairman Ron Nienaber, Becky community and is willing to share his vast tomological Society and has served on numer- Baker, Bill Chambless, Ross Montelbano, knowledge with others. In addition, he and I ous committees with the Entomological Soci- Betts Nixon, Emory Rodgers, Lynn Underwood share the same passion for the well-being of ety of America. and George Wiggins. California’s Central Valley. For this and so Dr. McCutcheon serves as president of Congratulations again to the hardworking much more, I am honored to consider John Gamma Zeta Chapter of Zeta Phi Beta Soror- and dedicated members of the ICC. Harris as a friend and certainly commend him ity, Inc. in Charleston, SC. She has partici- f for all his accomplishments and extend my pated in several units of United Methodist most sincere congratulations for receiving this Women, UMW, and is currently serving as his- IN RECOGNITION OF JOHN HARRIS prestigious award from the California State torian for the UMW at Trinity UMC in Orange- FOR BEING NAMED THE 2006 AG- Fair. RICULTURIST OF THE YEAR BY burg. She recently completed 12 years as a f member of the Board of Trustees at Columbia THE CALIFORNIA STATE FAIR TRIBUTE TO THE 75TH College and participated in a Roundtable with ANNIVERSARY OF WALL DRUG Policy Makers televised from Washington, DC HON. JIM COSTA in 1995, ‘‘Shortchanging Girls, Shortchanging OF CALIFORNIA America.’’ Dr. McCutcheon was awarded the IN THE HOUSE OF REPRESENTATIVES HON. STEPHANIE HERSETH OF SOUTH DAKOTA Unsung Hero Award for Outreach by the Con- Thursday, July 27, 2006 gressional Black Caucus for her contributions IN THE HOUSE OF REPRESENTATIVES to the community. Mr. COSTA. Mr. Speaker, I rise today to Thursday, July 27, 2006 honor John Harris of Coalinga, CA, the recipi- Married to Rev. Larry D. McCutcheon, she Ms. HERSETH. Mr. Speaker, I rise today to ent of the 2006 California State Fair Agri- continues to grow and share in their ministry commemorate a milestone in the history of culturist of the Year Award. at Trinity United Methodist Church. They have one of South Dakota’s and the nation’s most John has been a lifelong farmer, business- been blessed with two wonderful adult daugh- beloved and recognizable roadside landmarks. man and Fresno County resident. He grad- ters: Priscilla is a political scientist and Ph.D. This fall, the Wall Drug Store will be cele- graduate student at the University of Georgia; uated from University of California, Davis, brating its 75th year of continuous operation Carmen is an attorney specializing in health where he received a bachelor of science de- near Badlands National Park in Wall, South policy. gree in agricultural production in 1965. He Dakota. Each year, hundreds of thousands of Mr. Speaker, I ask you and my colleagues served as an officer in the United States Army weary road travelers simply follow the bill- to join me in congratulating Dr. Gloria from 1966 to 1968 and returned to the family’s boards to enjoy a refreshing glass of ice cold McCutcheon upon her retirement from farming operation in 1968. water and experience a bit of small-town Clemson University and for her extraordinary Becoming a true icon for California agri- South Dakota. achievements. She has stayed true to the vi- culture, John Harris strived for excellence Dorothy and Ted Hustead began their sion of her parents and her community serv- since day one at the family farm. Currently, he version of the American Dream when they ice, and has commanded great attention by runs an extremely diversified company grow- moved to tiny Wall, South Dakota and pur- her words and deeds. ing over a dozen crops, feeding approximately chased a drug store in 1931. The Husteads 200,000 cattle a year, which are processed at f set out on their own in search of a small town Harris Ranch and sold throughout the west. In with a Catholic church that needed a phar- STATEMENT RECOGNIZING THE addition to his farming and cattle business, macist and found it among the 362 residents SUCCESS OF BUILDING SAFETY John Harris oversees the well-known Harris of Wall. At a time when much of the plains WEEK Ranch Restaurant and Inn located in the out- were devastated by drought and the depres- skirts of the city of Coalinga in west Fresno sion, running a small business was a difficult HON. JOHN J. H. ‘‘JOE’’ SCHWARZ County. As an avid horse-racing supporter, enterprise. In 1936, Dorothy Hustead came up OF MICHIGAN John also manages a large thoroughbred with the idea to put up signs along the road IN THE HOUSE OF REPRESENTATIVES breeding farm and racing stable. John Harris offering free ice water to travelers on the hot, is committed to bringing acclamation to the dusty prairie. Well, the signs did the trick, and Thursday, July 27, 2006 California’s thoroughbred horse-raising indus- more and more travelers came by the store. Mr. SCHWARZ of Michigan. Mr. Speaker, I try. Mr. Harris is certainly a man who exempli- So they put up more signs on the highway, rise today to recognize the success of Building fies an extraordinary ability to embark on new and from that point on business was booming. Safety Week 2006, an annual, nationwide endeavors and be very successful at bringing Before long, the Husteads were serving up- event sponsored by the International Code many projects to fruition. wards of 20,000 cups of ice water per day and Council, ICC, that took place from May 7 to Aside from his businessman talents, John is they had signs and billboards for hundreds of 13. The goal of Building Safety Week is to in- a strong philanthropic supporter of his commu- miles in every direction. Today, Wall Drug crease awareness of building safety and fire nity and region as a whole. He is a member signs appear all over the world, places such prevention issues through a variety of activi- of many local community boards and contrib- as London, Moscow, and even the South ties on the national, State and local levels. utes immensely to local groups and organiza- Pole. This year, the ICC Board of Directors and tions with various missions to enhance the Seventy-five years after Wall Drug began, members of the ICC Government Relations quality of life of Valley residents. Some of not much has changed. Wall is still a small Advisory Committee, GRAC, gathered here in these include the National Beef Board, the town with a population of 818. Wall Drug is Washington, DC and spent a day visiting with California Beef Council, the California Cattle- still run by a man named Ted Hustead al- Members of Congress to help spread their men’s Association, and the Pacific Legal though he is the founder’s grandson, and message of public safety. I personally met Foundation. Some of the community organiza- there is still a working pharmacist on site. with one of my constituents, Mr. Henry Green tions he has contributed to include the Fresno However, Wall Drug now occupies 76,000 of Lansing, MI, who serves as president of the Metropolitan Museum and the University of square feet and is one of the leading tourist Board of Directors. It is my hope that my col- California at Davis, specifically the Veterinary attractions in South Dakota. The store has be- leagues here in the House and the Senate will School. come a leading retailer of authentic western carefully consider the legislative priorities pre- John Harris is a living legacy of what Cali- art and memorabilia, from cowboy boots to sented to us in these meetings. fornia agriculture should strive to be as an in- original oil paintings to ‘‘genuine’’ stuffed I would like to thank these men and women dustry in order to coexist with other booming jackalopes. As such, it is a major part of the for their service and dedication to ensuring industries and our environment. He works economy of western South Dakota, contrib- that we all live, work and play in a safe built hard to incorporate high technology innova- uting tax revenue to the town and acting as environment. Along with Mr. Green, these indi- tions to his business practices to protect the one of Wall’s major employers. In fact, in the viduals include: Immediate Past President air and the environment as much as possible. summer, Wall Drug provides 230 jobs in this Frank Hodge, Vice President Wally Bailey, All the trucks used in his feedlot and meat town of 818 people. Secretary/Treasurer Steven Shapiro, Jimmy packing plant run on biodiesel and both the I want to congratulate the Husteads and the Brothers, Terrence Cobb, John Darnall, Gerald feedlot and the meat-packing plant are state- community of Wall on the 75th anniversary of Geroge, John LaTorra, Ron Piester, Ed of-the-art model buildings for the industry. Wall Drug. Wall Drug is an important part of Berkel, Bill Duck, Bill Dupler, Greg Johnson, John Harris is a man of integrity, honesty our state’s history, and I wish them the best Barbara Koffron, Ron Lynn, Tim Ryan, Adolf and compassion. He genuinely cares for his on their next 75 years of success.

VerDate Aug 31 2005 05:07 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A27JY8.051 E27JYPT1 ycherry on PROD1PC64 with REMARKS E1566 CONGRESSIONAL RECORD — Extensions of Remarks July 27, 2006 Mr. Speaker, the next time you or any of my The first American to die in Afghanistan was nity health centers nationwide in celebrating other colleagues find yourself in western a CIA agent from my district. ‘‘National Health Center Week,’’ August 6–12. South Dakota, on your way to visit Mount Federal employees are in Iraq helping the National Health Center Week highlights the Rushmore or the Black Hills, I encourage you Iraqi people to build a free nation. importance of community health centers as a to stop by Wall Drug to enjoy a refreshing cup Throughout the world, America’s civil serv- vital part of health care systems in medically of ice water and take in a little bit of western ants are serving our government and our peo- underserved areas. ‘‘Celebrating Patient Voice culture. I assure you it won’t be hard to find; ple, often in dangerous locations. and Community Choice,’’ is the theme of this just follow the signs. How can we tell them we will not give them year’s campaign. The theme emphasizes the f a fair and equitable tax credit that recognizes vital role that community boards of directors their hard work, dedication, and sacrifice? provide related to the delivery of health care to INTRODUCTION OF THE FEDERAL We are asking Federal employees to take the community and determining the range of EMPLOYEE COMBAT ZONE TAX on more and more responsibility every day. affordable services provided by the centers. PARITY ACT They are on the ground in the war on ter- GPHA was founded in 1970 by the late Carl rorism taking over new roles to relieve military Moore, a long-time community activist who HON. FRANK R. WOLF personnel of tasks civilian employees can per- came together with other community leaders OF VIRGINIA form. They are all playing a vital role in keep- to form GPHA, one of the first medical man- IN THE HOUSE OF REPRESENTATIVES ing us safe and deserve to be treated with re- aged care programs in Philadelphia. It is a Thursday, July 27, 2006 spect and fairness. community-based, grass roots effort whose mission is to provide quality comprehensive Mr. WOLF. Mr. Speaker, today I am intro- We have a long tradition in the Congress of primary health care, health education, human ducing the Federal Employee Combat Zone recognizing the valuable contributions of our services and child development services to Tax Parity Act, which would provide parity by federal employees in both the military service families and individuals throughout the Dela- extending the tax credit currently received by and in the civil service by providing fair and ware Valley, regardless of a patient’s ability to military personnel to the civilian Federal em- equitable treatment. This is not the time to shirk our duty to the civil service. pay. ployees working along side them. The celebration of National Health Care Just the other day I received an e-mail from I urge my colleagues to join me in support Week also affords the opportunity to highlight a constituent who is currently stationed in Af- of the Federal Employee Combat Zone Tax the contributions of Mr. Moore and GPHA ghanistan. She said: ‘‘I am completing a one Parity Act. CEO Ron Heigler, recently elected chair of the year tour with the U.S. Army Corps of Engi- f Pennsylvania Primary Health Care Forum and neers in Kabul, Afghanistan. I work with the TRIBUTE TO FRANK ROMERO his committed staff. All are to be congratulated U.S. military and I live in the same residences for continuing to carry on Mr. Moore’s vision of with the U.S. military. During the riots on Me- providing quality health care to the under- morial Day, I listened to the same gunfire as HON. JOHN T. SALAZAR served. OF COLORADO the U.S. military and I wore the same 30 Today GPHA operates six full-service health IN THE HOUSE OF REPRESENTATIVES pounds of Individual Body Armor and the centers and a behavioral health program, as Kevlar Helmet as the U.S. military.’’ Thursday, July 27, 2006 well as the Woodland Academy Child Devel- It is only equitable that both military and ci- opment Center in Southwest Philadelphia. The vilian employees who are serving side by side Mr. SALAZAR. Mr. Speaker, I rise today to centers also offer specialized treatment and receive the same tax treatment. In fact, even pay tribute to an upstanding member of my patient education related to asthma, hyper- contract employees can get a tax break community. Frank Romero passed away on tension, heart disease, diabetes and HIV/ through the foreign earned investment tax Monday, July 24, 2006. He was 77. AIDS. credit, but Federal employees are specifically Frank was a good man whom I knew well. He was a man committed to his family, his There is no doubt that GPHA and the na- exempted from that tax credit. tion’s community health centers fill a major As a former Federal employee, I am keenly community and the Lord. void in our Nation’s health care safety net. aware of the invaluable contributions Federal Frank spent 20 years as the treasurer for employees make to our country. I believe we Conejos County. In that time, he produced f must ensure that our Federal workforce is some of the best audit reports the county had TRIBUTE TO CHIEF PATROL treated with fairness and respect. ever seen. AGENT SIMON GARZA, JR. The Pentagon stated in the proposed regu- Frank was a tireless advocate for agriculture lations for the new National Security Per- in the San Luis Valley. A farmer and rancher HON. HENRY BONILLA himself, Frank was connected to the land and sonnel System that ‘‘NSPS is essential to the OF TEXAS knew the value of a hard day’s work. department’s efforts to create an environment IN THE HOUSE OF REPRESENTATIVES in which the total force, uniformed personnel In our community, Frank was a servant in Thursday, July 27, 2006 and civilians, think and operates as one cohe- the true sense of the word through his work in sive unit.’’ What kind of message does it send the Knights of Columbus and other organiza- Mr. BONILLA. Mr. Speaker, I rise today to to civilian employees if they receive disparate tions. honor a great American soon scheduled to tax status from their military colleagues? Frank will be remembered as a loving family end his lifelong career of service to our Na- Just as military personnel, Federal employ- man, a devoted public servant and a genu- tion—U.S. Customs and Border Protection ees serving in combat zones must leave their inely good man. He enjoyed fishing, hunting, Border Patrol Marfa Sector Chief Patrol Agent families behind and this can increase the fi- dancing, welding, traveling, reading, working Simon Garza, Jr. nancial burdens on families. Families with two on his ranch, snowmobiling and all outdoor ac- Born in Laredo, Texas, Chief Garza has working parents suddenly have only one par- tivities with his family. spent his entire career fighting to secure our ent able to care for the needs of the family. My heart goes out to Frank’s family includ- borders and ensure our freedoms. Chief Military personnel in combat zones were given ing his wife Philomena and his many children Garza began his career, after studying engi- a tax credit back in 1913 to help alleviate their and grandchildren. I would like to express my neering at the University of Houston, by serv- tax burden, but Federal employees were left personal gratitude for Frank’s friendship. ing in the United States Army, including serv- out. f ice in the Republic of Vietnam in 1969 and Since 9/11 it has become ever more vital to 1970. In 1975 he joined the United States Bor- have a thriving civil service participating in our TRIBUTE TO GREATER PHILADEL- der Patrol as a member of the 10th Session efforts to fight the war on terrorism. Now more PHIA HEALTH ACTION, INC. at Port Isabel, Texas. After graduation from than ever in our nation’s history we must take the Border Patrol Academy, he received his action that reflects the contributions both our HON. ROBERT A. BRADY first assignment in his home State in the Del civilian and military employees are making—in OF PENNSYLVANIA Rio Sector. After much hard work and deter- the war on terrorism and as well as the daily IN THE HOUSE OF REPRESENTATIVES mination, Chief Garza was promoted in 1985 operations of the Federal Government in pro- to Supervisory Border Patrol Agent. By 1990 Thursday, July 27, 2006 viding the services upon which every Amer- he was again promoted to Patrol Agent in ican relies. Mr. BRADY of Pennsylvania. Mr. Speaker, I Charge, and by 1994 he was part of the sen- Federal employees are on the front lines of rise to pay tribute to Greater Philadelphia ior staff at the Del Rio Sector Headquarters, the war against terror. Health Action, Inc. (GPHA) as it joins commu- serving as Assistant Chief Patrol Agent.

VerDate Aug 31 2005 05:07 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A27JY8.054 E27JYPT1 ycherry on PROD1PC64 with REMARKS July 27, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1567 One year later Chief Garza’s leadership role nating the illegal, unreported and unregulated Terrorism. The Post also helped completely dramatically expanded when he was named fishing activities occurring in many high seas refurbish the local Armory. Deputy Chief of the United States Border Pa- areas. This legislation would require the Sec- Post 428 is especially active in the commu- trol in Washington, D.C. There he represented retary to work with international fishery com- nity, with members visiting schools to talk the Border Patrol across the world, including missions to adopt market-based incentives, about patriotism and what it means to be a in the Middle East, where he shared his valu- use vessel monitoring systems, and create veteran, presenting small flags to students and able insight and experience with foreign lead- international vessel registries as ways to elimi- large flags to be flown at the schools. Mem- ers and governments. nate unregulated fishing activities. bers have also participated in safety fairs and After serving in Washington, DC, Chief Title II and III of this legislation would imple- local parades. Garza returned back to the field to lead the ment the Western and Central Pacific Fish- I am particularly grateful to the past com- Marfa Sector as Chief Patrol Agent. During his eries Convention and the Agreement between mander of Post 428, Rees Lloyd, who has tenure as Chief Patrol Agent, Chief Garza has the Governments of the United States and been a strong advocate for protection of the modernized his sector to respond to the grow- Canada on Pacific Hake/Whiting, respectively. Mojave Cross Veteran’s Memorial in the Mo- ing threats to our national security by utilizing These two titles will allow for U.S. participation jave National Preserve in the desert area of mission-oriented technology and transitioning in these important international fishery com- my congressional district. Although it is in a the Sector Intelligence Unit to a pro-active or- missions. As in Title I of this legislation, U.S. remote location and has a clear history as a ganization. Day in and day out, Chief Garza participation at these international commis- veterans memorial, the cross has been chal- and his well-trained staff put their lives on the sions is critical to moving forward U.S. policies lenged by the American Civil Liberties Union, line to tirelessly work to protect our country. to further conserve Pacific Highly Migratory which sued the National Park Service to re- I am proud to commend my good friend— Species and Pacific Whiting and the adoption move it. Through the efforts of Mr. Lloyd, who and a hero to our Nation—Chief Simon Garza, of effective enforcement measures. is now commander of all Riverside County Jr., for his distinguished and honorable career. The Senate Commerce Committee, led by Posts, the American Legion has taken a His straightforward and unwavering leadership Co-Chairmen STEVENS and INOUYE, have been strong stand in support of maintaining the will be greatly missed. Congratulations on a leaders on this issue and have passed similar cross. With their support, I am hopeful we will job well done, Chief. legislation through the Senate and the short prevail in keeping this memorial to our vet- f title of the bill recognizes their leadership in erans. this area. Mr. Speaker, the American Legion motto is INTRODUCTION OF THE STEVENS- This is an important piece of legislation and ‘‘Still Serving God and Country,’’ and I believe INOUYE INTERNATIONAL FISH- I look forward to working with my House Col- that is especially true of Post 428. Please join ERIES MONITORING AND COM- leagues and my Senate Colleagues to pass me in thanking them for their public service, PLIANCE LEGACY ACT this bill to the President before the end of the and congratulating them on their 75th anniver- year. sary. HON. RICHARD W. POMBO f f OF CALIFORNIA CELEBRATING THE 75TH ANNIVER- IN THE HOUSE OF REPRESENTATIVES UNITED STATES AND INDIA NU- SARY OF THE IRVING G. CLEAR COOPERATION PRO- Thursday, July 27, 2006 BERGMAN AMERICAN LEGION MOTION ACT OF 2006 Mr. POMBO. Mr. Speaker, today, my col- POST IN BANNING, CALIFORNIA leagues, NEIL ABERCROMBIE, DON YOUNG, JIM SPEECH OF SAXTON and I are introducing the Stevens- HON. JERRY LEWIS HON. JIM McDERMOTT Inouye International Fisheries Monitoring and OF CALIFORNIA OF WASHINGTON Compliance Legacy Act. This legislation will IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES amend the Magnuson-Stevens Fishery Con- servation and Management Act—the Nation’s Thursday, July 27, 2006 Wednesday, July 26, 2006 premier fishery conservation statute—and Title Mr. LEWIS of California. Mr. Speaker, the The House in Committee of the Whole IV of the High Seas Driftnet Fishing Morato- American Legion is one of the most respected House on the State of the Union had under rium Protection Act to promote additional institutions in our Nation, honoring our vet- consideration the bill (H.R. 5682) to exempt measures to reduce Illegal, Unreported and erans and providing service to local commu- from certain requirements of the Atomic En- Unregulated fishing activities. In addition, the nities. This is especially true of the Irving G. ergy Act of 1954 a proposed nuclear agree- bill will implement two international fisheries Bergman Post 428 in Banning, California, ment for cooperation with India: treaties—the Western and Central Pacific which is celebrating its 75th anniversary in Au- Mr. MCDERMOTT. Mr. Chairman, as a long Fisheries Convention and the Agreement be- gust. time supporter of India and one of the co- tween the Governments of the United States Post 428 was chartered as the San founders of the India Caucus I have watched and Canada on Pacific Hake/Whiting. Gorgonio Pass Post of the American Legion in with gratification over the past decade as India This legislation continues to build on the August 1931, to serve the veterans living in and the United States have emerged as stra- United States’ tradition of implementing fishery the Riverside County cities of Banning, Beau- tegic partners. I believe the world’s oldest and conservation and management measures do- mont, Cabazon, Cherry Valley and Calimesa. largest democracies have a lot to learn from mestically and internationally. The United Over the years, the Post has also become a and share with one another. States has been a leader at many inter- community resource in the rapidly growing I am concerned, however, that the Bush ad- national fora to move forward policies that re- area. ministration seems to have focused all of the quire countries to enforce conservation meas- More than 200 veterans from World War II, energy in this bilateral relationship on the re- ures on their flag vessels. Korea, Vietnam and the Persian Gulf are ac- cent proposal to commence nuclear coopera- Some international fisheries commissions tive members of the Post, which refurbished a tion. I understand India’s growing energy de- have been more successful than others in building in downtown Banning for its head- mands and shortages (a crisis which we in the passing resolutions recommending the imple- quarters. My colleagues will be pleased to United States also face) and I believe that our mentation of conservation measures for fish know that a flag flown over our Capitol waves two countries should cooperate and share species in international waters and tying to over the Post each day. technologies to promote energy independ- these measures adequate enforcement provi- Members of the Post provide service to dis- ence. That is why, despite serious reserva- sions. Title I of the Stevens-Inouye Inter- abled veterans at the Jerry L. Pettis Memorial tions about the proposed U.S.-India nuclear national Fisheries Monitoring and Compliance VA Medical Center in nearby Loma Linda. The cooperation agreement and the Bush adminis- Legacy Act requires the Secretary of Com- Post is a frequent host for ceremonies on Vet- tration’s ability to properly implement it, I co- merce to work toward getting all international erans Day, Memorial Day and other observ- sponsored H.R. 5682. I believe it is important fisheries commissions to adopt effective en- ances. Members have sponsored widely rec- that we continue to engage India on this im- forcement provisions for species of fish under ognized salutes, including a Salute to Blue portant issue, and I supported this legislation their jurisdiction. Star Families and a communitywide Welcome to move this process along. The effective enforcement of conservation Home to Troops which drew hundreds of area But I have serious concerns with the agree- measures for vessels fishing in international residents to honor California National Guard ment as it stands. India has not signed the waters will help reduce and work toward elimi- members returning from fighting the War on Nuclear Non-Proliferation Treaty (NPT), and

VerDate Aug 31 2005 05:07 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A27JY8.060 E27JYPT1 ycherry on PROD1PC64 with REMARKS E1568 CONGRESSIONAL RECORD — Extensions of Remarks July 27, 2006 this type of arrangement with a nonsignatory RESOLUTION HONORING PURPLE these initiatives for world harmony, he has to the treaty is unprecedented. Exporting HEART DAY IN SAN ANTONIO, touched countless lives and offered hope to American nuclear fuel to India has the poten- TEXAS thousands of individuals worldwide. tial to supplant the domestic uranium India is Mr. Speaker, Sri Chinmoy Kumar Ghose currently using to generate civilian nuclear HON. HENRY CUELLAR was born on August 27,1931, in India in East power, freeing up this uranium for military pur- OF TEXAS Bengal, the present day Bangladesh. On April 13, 1964, he arrived in this country from poses. I worry about the message this ar- IN THE HOUSE OF REPRESENTATIVES rangement would send to the region and the Southern India, where he had received his world, and I do not believe further production Thursday, July 27, 2006 education and training in the ancient methods of nuclear weapons is in India’s or the South Mr. CUELLAR. Mr. Speaker, of yoga at the Sri Aurobindo Ashram. Asian region’s best interests. Whereas, on August 7, 1782 in Newburgh, When he came to this country, he founded Nuclear weapons remain the most dan- New York, General George Washington began the Sri Chinmoy Centre, headquartered in Ja- gerous threat to mankind, and I worry about a the time-honored tradition of awarding the maica, Queens. The first Centres were estab- mistake in Mumbai or Islamabad. The idea valor of our soldiers with his creation of a lished in 1966 in Puerto Rico and New York, that these weapons can be used tactically or badge of distinction, known as a Purple Heart, and have since grown to include branches all surgically is nonsense; we should be working to be given to enlisted men and noncommis- over the United States and 73 other countries to scale down nuclear weapon production in sioned officers. worldwide. The Centres are dedicated to the the region, not escalate it. Whereas, on January 7, 1931, a new design twin goals of public service and personal spir- I do not believe this agreement is unwork- of the Purple Heart was created by Ms. Eliza- itual growth through the use of meditation. The able, but I do feel that there is one very impor- beth Will, an army heraldic specialist in the Of- students of Sri Chinmoy include individuals tant thing that India needs to do to move this fice of the Quarter. The design consisted of a from all faiths and walks of life who seek to forward: end its production of fissile material. purple enameled heart within a bronze quarter cultivate harmony and goodwill both in them- This would show the U.S. and the world that inch border showing a profile of President selves and in their communities. They also this agreement is truly going to address India’s George Washington. compose the community of volunteers who domestic energy needs and not going to en- Whereas, on this day, we celebrate Purple carry out, at the grass-roots level, Sri hance its nuclear arsenal. To this end, I voted Heart Day on the anniversary of its creation Chinmoy’s vision of loving service through in support of the Berman/Tauscher amend- on August 7, 1782, as a part of our patriotic such varied projects as humanitarian aid and ment, which would withhold exports of nuclear duty to remember and recognize our soldiers the sponsorship of musical concerts and ath- reactor fuel to India until India stops producing willing to serve our country. letic events. fissile material for nuclear weapons. Be it hereby resolved, that Congressman Considered one of the world’s foremost au- However, the Berman/Tauscher amendment HENRY CUELLAR commends the City of San thorities on Eastern philosophy, which is a failed. In the absence of an Indian commit- Antonio for recognizing the importance of Pur- systematic method of expanding conscious- ment to end fissile material production, I can- ple Heart Day and for honoring our veterans ness through meditation, prayer and selfless not support moving forward at this time with on this day. service, Sri Chinmoy has lectured on this topic this agreement. I hope that those of us who f at many of the major universities in the United do not support an agreement in the absence States. His first lecture tour began at Yale on PERSONAL EXPLANATION of such a commitment do not send the wrong December 4, 1968 and included talks at all 8 message to our Indian friends. We will con- Ivy League Universities. In the early 1970s he tinue to support India and there are many HON. TIM MURPHY lectured at 20 universities on topics of Indian areas in which our two countries can continue OF PENNSYLVANIA wisdom and philosophy. In 1974, he spoke at to engage, including trade, space exploration, IN THE HOUSE OF REPRESENTATIVES universities in all 50 states. He continues to lecture here and around the anti-terrorism, and other defense cooperation. Thursday, July 27, 2006 But I cannot in good conscience support an world. In his writings and speeches, he en- agreement that, even indirectly, increases In- Mr. MURPHY. Mr. Speaker, on rollcall No. deavors to share eastern light for the western dia’s nuclear weapons arsenal. I don’t believe 407, the Stearns of Florida Amendment to mind. A prolific writer and poet, Sri Chinmoy that serves India, the U.S., or the South Asian H.R. 5682, the United States and India Nu- has written over 1,550 books of essays, region well. clear Cooperation Promotion Act of 2006. Had poems and short stories. The largest univer- I been present, I would have voted ‘‘aye’’. sity library collection of his works is at Harvard f Divinity School. f Meditation classes under Sri Chinmoy’s KOREAN WAR ARMISTICE DAY A TRIBUTE TO SRI CHINMOY guidance are always provided free of charge. He offered his first public meditation at Colum- HON. GINNY BROWN-WAITE HON. GARY L. ACKERMAN bia University on April 23, 1971, and his first OF NEW YORK meditation in Congress at the Rayburn House OF FLORIDA IN THE HOUSE OF REPRESENTATIVES Office Building on May 23, 1979, under the IN THE HOUSE OF REPRESENTATIVES sponsorship of my former colleague, the dis- Thursday, July 27, 2006 Thursday, July 27, 2006 tinguished late New York Congressman Jo- Mr. ACKERMAN. Mr. Speaker, I consider it seph P. Addabbo. Ms. GINNY BROWN-WAITE of Florida. Mr. an honor and a distinct privilege today to rise Mr. Speaker, Sri Chinmoy believes that Speaker, July 27 marks a historic day. and offer birthday congratulations to a man sport is a powerful instrument for promoting On this date in 1953, the United States many in this country and the world have come global harmony. He has long found that ath- signed an armistice with China and North to respect and admire, Sri Chinmoy, who on letics can be an invaluable source of motiva- Korea. This agreement ended the hostilities of August 27, will be celebrating his 75th birthday tion and enrichment for thousands of people, the Korean War. Unfortunately, most Ameri- in New York City. He is a selfless individual young and old alike. In 1976 he was recog- cans forget this date. who has dedicated himself to nurturing world nized with a commendation from the Presi- Sandwiched between the second World War harmony and to the creative expression of the dent’s Council on Physical Fitness for his role and Vietnam, the Korean War can easily be limitless potential of the human spirit. in inspiring young Americans to run the 50- overshadowed. This is a tragedy. Thousands Sri Chinmoy’s many contributions to Amer- State, 9,000-mile ‘‘Liberty Torch’’ relay held in of American soldiers gave their lives in de- ican life and culture have been expressed honor of the U.S. Bicentennial. He founded fense of freedom halfway around the world. through teaching, athletics, art, music, poetry the Sri Chinmoy Marathon Team in 1977. In As Members of Congress, we have an obli- and literature. He combines the contemplative 1982, several of his students organized gation to ensure that their memory does not traditions of his native India with the dyna- ‘‘America’s Freedom-Ride,’’ a 50-State public fade into obscurity. mism of his adopted America to serve human- participation bicycle relay that celebrated the On this day, I ask that all Americans take a ity through programs such as the World Har- 200th anniversary of the U.S. Constitution. moment to remember the enormous sacrifices mony Run torch relay, The Oneness-Heart The lessons of these early 50-State Amer- made by our soldiers during the Korean War. Tears and Smiles worldwide humanitarian ican relays became the foundation for the Sri I also want to extend my heartfelt thanks to service, and the Lifting Up the World with a Chinmoy Marathon Team to organize a global our nation’s Korean War veterans. Oneness-Heart awards program. Through torch relay. Now known as the World Harmony

VerDate Aug 31 2005 05:07 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A27JY8.064 E27JYPT1 ycherry on PROD1PC64 with REMARKS July 27, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1569 Run, it was held from April to August on a bi- of the Wright brothers first flight, Sri Chinmoy the Medical Librarian Association, health con- ennial basis from 1987 to 2001 and resumed lifted 123 airplane pilots in appreciation of their sumers, and health professionals to support as a yearly event in 2005. The World Har- dedicated services in carrying humanity into information access and high-quality health mony Run seeks to promote international the skies. From 1988 to 2006, Sri Chinmoy care. With its vast collections in all areas of friendship and understanding. This year, an has honored more than 8,000 individuals from biomedicine and health care, the National Li- international team of runners will carry a flam- many countries with this award. brary of Medicine is the world’s largest med- ing torch, symbolizing the human aspiration for Mr. Speaker, The Oneness-Heart Tears and ical library with more than 8 million items. oneness, through more than 80 countries Smiles is the voluntary humanitarian service Through its extramural grant programs, out- around the globe together with a 10,500-mile, program of the Sri Chinmoy Centre. Since reach programs, health information technology fifty State U.S.A. route. The event serves to 1991, centre members worldwide have col- research programs, and databases such as connect thousands of grassroots efforts for lected and shipped tons of humanitarian sup- Medline/PubMed Central and world harmony taking place in communities plies to countries in need including South Afri- ClinicalTrials.gov, the National Library of Medi- across the globe. It does not seek to raise ca, Angola, Mozambique, India, and, after the cine works to provide the highest quality, most money or promote any political cause, but tsunami, Sri Lanka. It responds to disaster re- relevant, and timely health information for rather to create good will among peoples and lief requests, health and education needs, and health professionals and health consumers. nations. regional development projects. The program Mr. Speaker, I salute the National Library of The Sri Chinmoy Marathon Team has made obtains and distributes medical, domestic and Medicine on its 50th anniversary and com- a city block in my district world famous. It’s educational supplies and toys, working closely mend it for its leadership in the health where the longest running race in the world with other aid agencies, local NGOs, commu- sciences information field. takes place around the shortest course—a nity groups and corporations. f half-mile certified loop on paved sidewalks ad- One would think that this busy schedule and jacent to the Grand Central Parkway. To com- numerous interests would be enough for one THE ‘‘SWIFT APPROVAL, FULL plete the Self-Transcendence 3,100 Mile man, but not so for Sri Chinmoy. An accom- EVALUATION (SAFE) DRUG ACT’’ Race, participants run 5,648.688 laps around plished composer of music for choir and in- the block, a distance equivalent to more than struments with 13,000 songs composed in his HON. EDWARD J. MARKEY 118 marathons. The Tenth Annual edition native Bengali and 7,000 in English, Sri OF MASSACHUSETTS began on June 11 and continues into August Chinmoy has performed his music free of IN THE HOUSE OF REPRESENTATIVES with the largest field yet of 15 ultra-distance charge at over 750 concerts worldwide since Thursday, July 27, 2006 runners. As in all his endeavors, Sri Chinmoy 1984. Last year, to celebrate his 74th birthday, sets the highest standards of organization, lo- he played his original compositions on 74 dif- Mr. MARKEY. Mr. Speaker, I rise today to gistics and support to help ultra-marathon run- ferent pianos at an outdoor concert in Queens. introduce the Swift Approval, Full Evaluation ners achieve their greatest potential. We can Senators Daniel Patrick Moynihan of New (SAFE) Drug Act. This bill is designed to en- expect of this race to see new world records York and Claiborne Pell of Rhode Island spon- sure that the FDA can balance the need to get and personal bests. sored an art exhibit of Sri Chinmoy’s soul-bird important life-saving drugs to the market A decathlon and 100-meter sprinting cham- drawings in the Russell Rotunda of the U.S. quickly while ensuring the drugs get the full pion in his youth, Sri Chinmoy believes in the Senate in 1995. evaluation they need to ensure the safety of necessity of a sound mind and a sound body. All told, Sri Chinmoy has written 20,000 those products. A strong postmarketing study He began his own long-distance running ca- songs, taught 300 university lectures, authored system allows the FDA to achieve a careful reer in Golden Gate Park in San Francisco on 1,550 books, including 112,000 poems, balance between speed of approval and care- June 1, 1978. In March 1979, he ran his first penned 15 million bird drawings, and com- ful scrutiny of the products. However, as both marathon in Chico, California, and, later that pleted 200,000 ‘‘Jharna-Kala’’ paintings the GAO and the Inspector General of HHS month, his fastest marathon in 3:55:07 at the (‘‘Fountain of Art’’ in his native Bengali). recently reported, the system to ensure that Heart-Watchers Marathon in Toledo, Ohio. He He has dedicated his life to inspiring and postmarketing studies are conducted and has completed 22 marathons and 5 ultra mar- serving all those trying to make the world a completed is broken and the FDA has not athons and now, at age 75, still regularly exer- better place, whether ordinary citizens or made reform a priority. cises. those entrusted with the stewardship of a na- Postmarketing studies are important be- Mr. Speaker, Sri Chinmoy first began tion. cause they prevent death, detrimental reliance weightlifting on June 26, 1986, and embarked Mr. Speaker, on this, the celebration of Sri and waste. They provide critical information on a new dimension in his weightlifting career Chinmoy’s upcoming Diamond Jubilee 75th about the risks and benefits of a drug after it 2 years later when he inaugurated ‘‘Lifting Up birthday, I ask all my colleagues in the House has been approved and on the market. They the World with a Oneness-Heart.’’ This is his of Representatives to please join me as I wish can also provide additional information about way of recognizing individuals from all walks Sri Chinmoy success in the years ahead and optimal use of the product and what groups of of life who inspire humanity and excel in their best wishes for a long and continuingly fruitful people are most likely to benefit (or not ben- respective fields. At these programs, Sri life. efit) from use. Since the long-term effects of Chinmoy lifts each honoree overhead on a f products are not usually studied prior to approval, postmarketing studies provide critical special platform, symbolically reflecting their INTRODUCTION OF A RESOLUTION information about the risks or benefits of long- own uplifting contributions to the world. CONGRATULATING THE NA- term use. Postmarketing studies allow the Bill Pearl of Oregon, a Five-time Mr. Uni- TIONAL LIBRARY OF MEDICINE FDA to approve drugs for to consumers who verse, was the first person lifted in this fash- ON ITS 50TH ANNIVERSARY ion. Sri Chinmoy has lifted Members of the need them quickly while ensuring that sci- U.S. Senate and House of Representatives, entists will continue to investigate the best heads of state, ambassadors, Nobel laureates, HON. CHRIS VAN HOLLEN uses of the drug. These studies are particu- OF MARYLAND university professors, spiritual leaders from all larly important when, in the interest of speed- IN THE HOUSE OF REPRESENTATIVES faiths, Olympic athletes, citizens serving their ing drugs to consumers, the drugs are ap- communities, and school children whose Thursday, July 27, 2006 proved under the FDA’s accelerated approval dreams are so important to our future. In Ha- Mr. VAN HOLLEN. Mr. Speaker, today I am process. waii, on December 23, 1990, he lifted Senator introducing a resolution congratulating the Na- In 1992, the Food and Drug Administration, Hiram L. Fong, who was Hawaii’s first Senator tional Library of Medicine on the occasion of FDA, established a process that amounted to at the time of statehood. its 50th anniversary. a trade-off between its mission to ensure drug On July 10, 2001, in the Rayburn Gold The National Library of Medicine, which is safety and effectiveness and the need to Room, Sri Chinmoy simultaneously lifted my located on the National Institutes of Health speed promising new drugs to market to in- esteemed New York colleague Benjamin Gil- campus and is in my Congressional district, crease treatment options for life-threatening ill- man and me on a two-platform lifting appa- was created in 1956 by the National Library of nesses. Called accelerated approval, this ratus, one of us with each arm. If I had not ex- Medicine Act. Before 1956, the National Li- process allows FDA to approve a drug on an perienced it, I could not imagine this to be brary of Medicine was known as the Armed expedited basis using promising but limited in- possible. In a day-long lifting program at Boe- Forces Medical Library. formation about its safety and effectiveness, ing Field Auditorium in Washington State on The National Library of Medicine provides but only on the condition that the company July 13, 2003, held to celebrate the centenary invaluable tools for medical librarians such as agrees to conduct further studies to confirm

VerDate Aug 31 2005 05:07 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A27JY8.069 E27JYPT1 ycherry on PROD1PC64 with REMARKS E1570 CONGRESSIONAL RECORD — Extensions of Remarks July 27, 2006 the safety and effectiveness of the product. cumstances—the only short-term, practical op- gle truck and stable business to occupying Under the law, drug companies are required to tions available to FDA in dealing with drug ap- more than one million square feet of storage do additional studies to confirm that the drug plicants that do not comply with the terms of space. Through the use of the most modern is safe, effective and works for its approved in- their commitments are sending letters and techniques, Rukert Terminals handles the na- dication. placing phone calls. Providing FDA reviewers tion’s dry and break-bulk cargoes to ensure The importance of conducting postmarketing with additional tools, such as the ability to im- transfer and storage of the highest caliber. For studies to ensure the safety of drugs approved pose monetary fines, may send a signal to several decades, the company has continu- through accelerated approval is illustrated by drug applicants that there are consequences ously provided quality jobs to the citizens of the example of encainide and flecainide. In the when postmarketing study commitments are Baltimore. 1980’s encainide and flecainide were ap- not fulfilled.’’ The SAFE Drug Act will provide The city of Baltimore is an excellent place to proved to treat ventricular arrhythmia after additional enforcement mechanisms. live, filled with hard-working, dedicated citi- myocardial infarcation. Arrhythmias are a risk The system of tracking postmarket safety zens. The Port of Baltimore’s economic con- factor for heart attacks and encainide and issues and monitoring and enforcing post- tributions have been tremendous, generating flecainide are very good at suppressing ar- marketing studies is broken and failing to en- $2 billion in revenue annually, and employing rhythmias. People assumed that because the sure patient safety. The SAFE Drug Act will 19,000 Marylanders in direct jobs, and another drugs were good at suppressing arrhythmias, address these problems by: 87,000 in indirect and maritime-related occu- they would also prevent heart attacks. While (1) Providing the FDA with authority to re- pations. Rukert Terminals is part of the suc- this treatment was on the market between quire postmarketing studies and enforce the cess of this port city, supplying superior 250,000 and 500,000 people were prescribed prompt completion of those studies; warehousing, stevedoring, and vessel transfer the drug every year to prevent heart attacks. (2) Providing the FDA with mechanisms to services for the region. When the postmarketing clinical trial was con- help monitor the progress of postmarketing I urge my colleagues in the U.S. House of ducted to confirm that encainide and flecainide studies; Representatives to join me today in honoring did in fact reduce heart attacks, the study (3) Providing the Secretary with the author- this third generation family business, which for found these drugs actually tripled the rate of ity to require that the label include specific eighty-five years has provided quality marine death. The drugs were withdrawn from the wording to ensure safe and effective use of a services to one of America’s premier cities market. If the postmarketing study had never product including special labeling to help con- while maintaining a standard for excellence been completed, doctors would have contin- sumers identify accelerated approved drugs or that is a model for the rest. ued to prescribe a drug that they thought was biologics until converted to full approval; f beneficial but was actually killing people. (4) Restricting direct to consumer adver- Postmarketing studies are also important to tising for accelerated approved drugs or bio- RECOGNITION OF LIEUTENANT ensure that drugs approved through acceler- logics until converted to full approval; COLONEL KEVIN STODDARD OF ated approval actually work. In May 2003, (5) Providing FDA employees with en- THE UNITED STATES ARMY Iressa, which is manufactured by hanced whistleblower protections if they are AstraZeneca, was approved under the accel- retaliated against for reporting violations of HON. MELISSA L. BEAN erated approval process for treatment of non- laws or regulations or a significant threat to OF ILLINOIS small cell lung cancer in individuals who have public health and safety to Congress, GAO, IN THE HOUSE OF REPRESENTATIVES failed to respond to two or more courses of Federal Agencies, or their bosses; and Thursday, July 27, 2006 chemotherapy. Iressa showed promise in early (6) Requires reports to Congress on the studies. The FDA approved Iressa, on the systems to track postmarketing safety issues Ms. BEAN. Mr. Speaker, I rise today to pay condition that AstraZeneca continue research and approvals that are based on Non-Inferi- tribute to Lieutenant Colonel Kevin Stoddard on the drug to confirm the early results. Com- ority Trials. of the U.S. Army who is the Program Manager plying with the FDA’s mandate, AstraZeneca According to a recent Wall Street Journal for Crew Served Weapons. conducted a postmarketing study and found Online/Harris Interactive health-care poll, a Col. Stoddard has set a standard of excel- that, for most people, Iressa was not effective. majority of the American public is concerned lence for himself and his office, constantly The drug was withdrawn from the market. This about the FDA’s ability to ensure the safety striving to ensure that our troops are issued trial provided critical information to both physi- and efficacy of drugs. We need to stop the the best equipment possible during the Global cians and patients who are trying to determine erosion of public confidence in the FDA, re- War on Terrorism. Though he has had many the best course of treatment for this horrible form the system of postmarketing studies, and great achievements, Col. Stoddard should be disease. If the postmarketing study had never ensure that FDA balances the desire to speed recognized for his contributions to the Com- been completed, doctors would have contin- drugs to market with its critical role as the mon Remotely Operated Weapon Station, or ued to prescribe it and patients would have watchdog of public health. I urge my col- CROWS project. continued to spend $1,800 a month for a drug leagues to support the SAFE Drug Act. Col. Stoddard has had the individual re- that is ineffective for most patients when there f sponsibility for ushering this innovative piece are alternative treatments available. of technology out of development and into the Unfortunately, many companies fail to con- TRIBUTE TO RUKERT TERMINALS hands of our Soldiers. His steadfast commit- duct the postmarketing studies they promised CORPORATION’S 85TH ANNIVER- ment to protecting the force has ensured that to complete as a condition of approval on a SARY today’s standard for Humvee convoys in Iraq timely basis and the public may go years with- and Afghanistan is a soldier operating out knowing whether the drugs approved HON. BENJAMIN L. CARDIN CROWS from behind life saving armor, pro- through accelerated approval are really safe OF MARYLAND tected from lethal IEDs and gun fire. and effective. According to information pro- IN THE HOUSE OF REPRESENTATIVES Col. Stoddard used fIrsthand feedback from vided by the FDA to my staff on March 30, Soldiers to lead his program office and partner Thursday, July 27, 2006 2005, drug companies take a very long time contractors in ensuring that the CROWS de- before they even initiate postmarketing studies Mr. CARDIN. Mr. Speaker, it is with great veloped today is the technology soldiers want that are required as a condition of approval as honor that I rise today to commemorate the and need. His high standards of leadership of March 9, 2005; companies with outstanding Rukert Terminals Corporation’s 85th Anniver- and commitment to program excellence trials had been selling these products to the sary. Located in Baltimore, Maryland, Rukert brought him to Iraq where he personally ob- public for an average of 1 year and 10 months Terminals Corporation, which specializes in served CROWS in combat to prove his con- and up to 6 years and 9 months without even salts, metals, ores, and fertilizers, is one of the cept and vision. Indeed, Col. Stoddard is per- initiating the required studies. city’s premier privately owned marine terminal sonally responsible for saving the lives of Despite the fact that companies often wait operators. many Soldiers currently deployed overseas. years before starting required postmarketing Since its foundation in 1921 by William G. Mr. Speaker, Col. Stoddard and CROWS studies, the FDA has never used the only Norman or ‘‘Cap’’ Rukert, Rukert Terminals have truly been a force protection success mechanism it has to enforce compliance with has been a hard-working, family owned busi- story for the Army and our soldiers. He em- the requirement: withdrawal of the product. ness that has thrived due to its strong commit- bodies the highest tenants of leadership, ac- According to the HHS IG, ‘‘Currently, short of ment to quality service. Due to the leadership quisition reform, and the Army’s innovative withdrawing a drug from the market—a rem- of Norman Rukert and his son, Rukert Termi- rapid fielding initiative and is worthy of our edy available to FDA only in limited cir- nals has developed over the years from a sin- commendation today.

VerDate Aug 31 2005 05:07 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00020 Fmt 0626 Sfmt 0634 E:\CR\FM\A27JY8.072 E27JYPT1 ycherry on PROD1PC64 with REMARKS July 27, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1571 TRIBUTE TO REVEREND JAMES A. appointed member from Department of Agri- Center was the positive outlook of the patients HARRIS culture, the Department of Labor, the Depart- and their families—despite everything they ment of Energy, the Department of Health and had already been through and the daunting HON. CHRIS VAN HOLLEN Human Services, the Social Security Adminis- road of rehabilitation that still lay ahead of OF MARYLAND tration, the Bureau of the Census, and two them. In part, I think they were able to main- IN THE HOUSE OF REPRESENTATIVES members from the National Academy of tain this positive attitude because of the tre- Sciences. mendous dedication and caring work of the Thursday, July 27, 2006 f Polytrauma Center staff. Mr. VAN HOLLEN. Mr. Speaker, I rise today Dr. Scott and his staff have also been vocal to congratulate my constituent, the Reverend RECOGNIZING THE SERVICE OF advocates for their patients, raising issues to James A. Harris, on his 80th birthday, which THE STAFF OF THE JAMES my subcommittee’s attention which have im- he will celebrate on August 25, 2006. HALEY VA MEDICAL CENTER’S proved the quality of care and services pro- Reverend Harris has led a life of distinction POLYTRAUMA REHABILITATION vided to polytrauma patients. and accomplishment. After growing up in Des CENTER On August 5, 2006, Dr. Scott and his staff Moines, Iowa, he served as a combat pilot are being recognized for their service to our with the famed Tuskegee Airmen during World HON. MICHAEL BILIRAKIS Nation’s wounded service members and vet- War II. He went on to receive Bachelor of Fine OF FLORIDA erans. I want to take this opportunity to extend Arts and Master of Fine Arts degrees at Drake IN THE HOUSE OF REPRESENTATIVES my sincere appreciation to each of them and University and later earned post-graduate de- Thursday, July 27, 2006 commend them for the tremendous service grees at Drake Divinity College, Oklahoma they provide to our wounded military per- A&M University, and American University. Mr. BILIRAKIS. Mr. Speaker, the James sonnel and veterans. Reverend Harris’s numerous accomplish- Haley VA Medical Center, VAMC, in Tampa, Members of the James Haley polytrauma ments and contributions to our community in- FL, is one of the busiest veterans’ medical fa- team: Forest Farley, Jr., hospital director; Dr. clude his service as the first African American cilities in the country and provides care to ap- Steven Scott, D.O., chief, Polytrauma Center; male President of the National Education As- proximately 142,000 veterans in Central Flor- Dr. John Merritt, M.D., chief, Spinal Cord In- sociation (1974–75) and as a principal in the ida. The Tampa VAMC is also home to one of jury; Dr. Joel Scholten, M.D.; Dr. Cecille Pope, D.C. Public School system from 1975–88. He four designated polytrauma rehabilitation cen- M.D.; Dr. Gail Latlief, D.O.; Dr. Faiza is a lifetime educator and scholar and a life- ters in the country where the most severely in- Humayun, M.D.; Dr. Rebecca Kayo, Ph.D.; time member of Kappa Alpha Psi fraternity. jured service members are treated. MAJ Steve Moten, U.S. Army, DoD Liaison; His career as a founder and pastor of Faith Military service personnel wounded in Iraq SGM Vincent Conti, U.S. Army, DoD Liaison; Community Baptist Church in Silver Spring, and Afghanistan may have serious traumatic Carolyn Clark, public affairs officer; Barbara Maryland has enabled him to make a dif- brain injuries alone or in combination with am- Darkangelo, P.T.; Judith Pink-Goldin, O.T.; ference in countless lives. Named one of the putation, visual impairments, orthopedic inju- Marti Veneman, R.N. and nurse manager; ‘‘100 Most Influential Black Americans’’ by ries, hearing disorders and mental health con- Nancy Kronawetter, R.N.; Diana Cronin, R.N.; Ebony Magazine in 1975, Reverend Harris cerns. The unique nature of these severe mul- Karen Meigs, R.N.; Lea Rashka, R.N.; Joann has been known for his humility and service to tiple injuries has created the need for a blast Estep, L.P.N.; Barbara Collas, L.P.N.; Patrice Montgomery County, Maryland for more than injury program that can address the medical, Thompson, L.P.N.; Annies Joy, L.P.N.; Paula 25 years. His leadership has had a tremen- psychological, rehabilitation, and prosthetic O’Keefe, R.N.; Bernice Willis, R.N.; Chaplain dous impact on countless individuals through- needs of these individuals. David LeFavor; Ivan Colon, R.N.; Frank out our community. The Tampa VAMC has been recognized as Bormet, R.N.; Debra Banks, R.N.; Elizabeth Mr. Speaker, I am pleased to take this op- a Center of Excellence in Rehabilitation and Butron, R.N.; Pamela Keckler, L.P.N.; Ryan portunity to thank Reverend Harris for his Spinal Cord Medicine. At the Tampa Baker, L.P.N.; Earl Gray, N.A.; Tracey many years of service to our community and Polytrauma Rehabilitation Center, a team of Vaness, V.R.T.; James MacAulay, V.R.T.; to our nation. I extend my heartiest congratu- as many as 10 specialists assess the needs of Laura Manore, A.A.; Deborah Studer, S.W.; lations to him on the occasion of his 80th the catastrophically injured and their families, Margaret Veneman, N.M.; Douglas Gephart, birthday, and I hope his celebrations this year to determine a comprehensive treatment plan P.M.R. coord.; Leslie Rothman, recreational and in the years to come are filled with the which will help each person reach the highest therapy; Linda Picon, S.L.P.; Laurel Adams, love and happiness of his family and friends. level of physical, emotional, and social inde- O.T.; Juan Jose Villeda, P.T.; Steve Klemz, f pendence in the home, workplace and com- S.W.; Felicia Santos, S.W.; Jeanetta munity. More than 2,500 outpatients and 140 Sheppard, S.W.; Diana Phillpotts, S.W.; June INTRODUCTION OF SURVEY OF IN- inpatients have been treated at the Tampa Demaree, S.W.; Abby Wolf, recreational ther- COME AND PROGRAM PARTICI- Polytrauma Center since the program began. apy; Laureen Doloresco, assistant chief, nurs- PATION LEGISLATION Throughout my tenure in Congress, I have ing; Sandra Janzen, ACOS nursing service. spent a great deal of time at the James Haley f HON. CAROLYN B. MALONEY VAMC, which serves many of the veterans OF NEW YORK who reside in my congressional district. Over INTRODUCTION OF THE IN THE HOUSE OF REPRESENTATIVES the years, I have been impressed by the dedi- PREPAREDNESS FIRST ACT cation of the men and women who work at the Thursday, July 27, 2006 medical center, providing quality care and HON. LORETTA SANCHEZ Mrs. MALONEY. Mr. Speaker, today I, along services to our Nation’s veterans. Dr. Steven OF CALIFORNIA ACK EED with Senator J R (D–RI) in the Senate, Scott, the chief of the Physical Medicine and IN THE HOUSE OF REPRESENTATIVES introduce legislation that will establish a Com- Rehabilitation Service, and his polytrauma mission on the Survey of Income and Program team should certainly be counted among the Thursday, July 27, 2006 Participation. The President has proposed dedicated staff of the VAMC. Ms. SANCHEZ of California. Mr. Speaker, eliminating the SIPP in his FY 2007 Budget, The Veterans’ Affairs Oversight and Inves- America needs to be prepared. Whether for a with a redesigned survey to take its place in tigations Subcommittee, which I chair, has vis- commuter train attack, as we saw recently in 2009. This is careless, as it takes away one ited the Tampa Polytrauma Rehabilitation India, or a hurricane, like we are still rebuilding of the most valuable sources of data on the Center. We had an opportunity to spend time from in New Orleans, it is clear America must economic well-being of American families. The with some of our wounded Operation Iraqi get serious about all-hazards preparedness, SIPP Commission represents a fair process Freedom and Operation Enduring Freedom that is preparing for all emergencies—be they for changing or eliminating the survey if the service members being treated at the natural or man-made. need arises. Should someone wish to change Polytrauma Center. We also heard from their Yesterday I introduced the Preparedness the SIPP, a detailed proposal outlining the family members who repeatedly praised the First Act to authorize critical grant programs change, its justification, and the timetable on polytrauma staff for the compassionate and that our State and local governments already which it should take place, will be submitted to professional care their loved ones were receiv- depend on for all-hazards emergency prepara- the SIPP Commission for evaluation. Members ing. tion. of the Commission would include the Director One of the things that stood out when we The premise of H.R. 5910 is to ensure that of the Office of Management and Budget, one visited the Tampa Polytrauma Rehabilitation States and localities will have a basic level of

VerDate Aug 31 2005 05:07 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A27JY8.077 E27JYPT1 ycherry on PROD1PC64 with REMARKS E1572 CONGRESSIONAL RECORD — Extensions of Remarks July 27, 2006 preparedness, so they can protect their citi- then be made available to address the unique uar line, for which he served as Director of zens, communicate with each other, and work risk of natural and man-made disasters that Engineering and Manufacturing. with the Federal Government during any type are posed to each area. As Ford’s Executive Vice President of the of emergency, from earthquakes to hurricanes This Federal and regional coordination is America’s, Mr. Padilla spearheaded Ford to terrorist attacks. exactly what emergency managers have been Motor Company’s North American recovery, The legislation starts by authorizing the calling for. I urge my colleagues to support vastly improving the quality and innovation of Emergency Management Performance Grants H.R. 5910 and put all-hazard preparedness this division’s products. Program, EMPG. The EMPG program pro- first for all Americans. In 2004, Mr. Padilla became the President vides broad base grants to ensure that States f and Chief Operating Officer of Ford Motor and localities have adequate, coordinated and Company and took his seat on the Company’s up-to-date plans to respond to all-hazards HONORING MR. JAMES J. PADILLA ON THE OCCASION OF HIS RE- Board of Directors. In his final post with Ford, emergencies. Mr. Padilla was responsible for the global In my bill, eligibility for all project grants is TIREMENT FROM FORD MOTOR COMPANY automotive business, overseeing marketing, linked to their inclusion in these emergency manufacturing, engineering and other oper- plans. This will help ensure that projects will ations in more than 200 markets with over be vetted, remain a priority, and fit in with an HON. JOHN D. DINGELL 327,000 employees. overall plan of preparedness. OF MICHIGAN Over the course of Mr. Padilla’s illustrious Next, the bill authorizes the State Homeland IN THE HOUSE OF REPRESENTATIVES Security Grant Program, SHSGP, which career, he has received numerous honors in- Thursday, July 27, 2006 awards block grants to States based on the cluding Mexico’s Ohtli Award, the Society of risk of natural and man-made disasters. These Mr. DINGELL. Mr. Speaker, I rise today to Plastics Engineers 2004 Executive Leadership grant funds buy the materials and supplies pay tribute to my dear friend, Mr. James J. Award, and the Society of Automotive Engi- States need according to their emergency Padilla, as he retires from a rewarding career neers’ Manufacturing Leadership Award. Mr. plans. with Ford Motor Company, where he served Padilla is also a member of the Hispanic Engi- The bill also authorizes the Metropolitan as President and Chief Operating Officer. neer National Achievement Awards Con- Medical Response System, MMRS, to give re- Born in Detroit, Mr. Padilla earned his bach- ference Hall of Fame. In 2003, Mr. Padilla was gions the tools they need to respond to major elor’s and master’s degrees in chemical engi- honored by the Gabriel Richards Historical So- medical emergencies caused by either natural neering, as well as a master’s degree in eco- ciety for his outstanding vision and leadership disasters or a terrorist attack. nomics all from the University of Detroit. Mr. toward the revitalization of Detroit and the sur- Finally, we authorize the Urban Area Secu- Padilla started his career with Ford Motor rounding communities. rity Initiative, UASI, to give the added re- Company in 1966 as a quality control engi- As James J. Padilla enters his retirement sources which are specifically needed for larg- neer. Ten years later, he accepted the first of years, I wish him and his wife, Alice, the best er cities to respond to terrorism. Approval of what would be many managerial positions he and I sincerely hope that he can enjoy a relax- UASI grants, like all of the grants in H.R. would hold during the balance of his tenure ing and rewarding future. I thank him for ev- 5910, is tied to the inclusion of projects in with Ford. erything he has done for Ford Motor Company State and local emergency plans. On his way to becoming the President and and the State of Michigan. Under my bill, all States would receive a Chief Operating Officer of Ford Motor Com- Mr. Speaker, I would like you to join me and base of preparedness funding. This would pany, Mr. Padilla served as Manufacturing Op- all of my colleagues in honoring James J. guarantee the Federal Government an able erations Manager for several of Ford’s most Padilla for his leadership, dedication, and drive partner in every State to coordinate prepared- successful lines of cars. He is also largely to over the course of his 40 years of loyal serv- ness activities. Additional resources would thank for the dramatic turnaround of the Jag- ice with Ford Motor Company.

VerDate Aug 31 2005 05:07 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A27JY8.081 E27JYPT1 ycherry on PROD1PC64 with REMARKS Thursday, July 27, 2006 Daily Digest Senate Pending: Chamber Action Frist Amendment No. 4713, to establish an effec- Routine Proceedings, pages S8329–S8402 tive date. Page S8334 Measures Introduced: Sixteen bills and three reso- Frist Amendment No. 4714 (to Amendment No. lutions were introduced, as follows: S. 3745–3760, 4713), to amend the effective date. Page S8334 and S. Res. 541–543. Page S8377 A motion was entered to close further debate on Measures Reported: the bill and, in accordance with the provisions of S. 2562, to increase, effective as of December 1, Rule XXII of the Standing Rules of the Senate, a 2006, the rates of compensation for veterans with vote on cloture will occur on Monday, July 31, service-connected disabilities and the rates of de- 2006. Page S8334 pendency and indemnity compensation for the sur- Treaty Approved: The following treaty having vivors of certain disabled veterans. (S. Rept. No. passed through its various parliamentary stages, up 109–296) to and including the presentation of the resolution S. 2694, to amend title 38, United States Code, of ratification, upon division, two-thirds of the Sen- to remove certain limitation on attorney representa- ators present having voted in the affirmative, the res- tion of claimants for veterans benefits in administra- olution of ratification was agreed to: tive proceedings before the Department of Veterans Mutual Legal Assistance Treaty with Germany Affairs, with an amendment in the nature of a sub- (Treaty Doc. 108–27). Pages S8397–98 stitute. (S. Rept. No. 109–297) Page S8377 Nominations Received: Senate received the fol- Measures Passed: lowing nominations: Spelman College Anniversary: Senate agreed to S. Deborah Jean Johnson Rhodes, of Alabama, to be Res. 541, congratulating Spelman College on its United States Attorney for the Southern District of Alabama for the term of four years. 125th anniversary. Pages S8395–97 Rodger A. Heaton, of Illinois, to be United States Permitting Photographs in Senate Daily Press Attorney for the Central District of Illinois for the Gallery: Senate agreed to S. Res. 543, temporarily term of four years. suspending the Rules for the Regulation of the Sen- 1 Army nomination in the rank of general. ate Wing of the United States Capitol and Senate Routine lists in the Army, Marine Corps, Navy, Office Buildings for the purpose of permitting the Public Health Service. Pages S8400–02 taking of photographs in the area of the Daily Press Gallery. Page S8397 Messages From the House: Page S8375 Romania Adoption Ban: Senate agreed to S. Res. Measures Referred: Pages S8375–76 359, concerning the Government of Romania’s ban Measures Placed on Calendar: Page S8376 on intercountry adoptions and the welfare of or- Executive Communications: Pages S8376–77 phaned or abandoned children in Romania. Page S8397 Executive Reports of Committees: Page S8377 Gulf of Mexico Energy Security Act: Senate began Additional Cosponsors: Pages S8377–78 consideration of S. 3711, to enhance the energy Statements on Introduced Bills/Resolutions: independence and security of the United States by Pages S8378–82 providing for exploration, development, and produc- Additional Statements: Page S8375 tion activities for mineral resources in the Gulf of Mexico, after agreeing to the motion to proceed to Amendments Submitted: Pages S8382–93 its consideration, and taking action on the following Authorities for Committees to Meet: amendments proposed thereto: Pages S8329–64 Pages S8393–95 D853

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Privileges of the Floor: Page S8395 the nominees testified and answered questions in Recess: Senate convened at 9:30 a.m., and recessed their own behalf. at 7:26 p.m., until 10 a.m., on Friday, July 28, WATER BILLS 2006. (For Senate’s program, see the remarks of the Committee on Energy and Natural Resources: Sub- Majority Leader in today’s Record on page S8398.) committee on Water and Power concluded a hearing to examine S. 3638, to encourage the Secretary of Committee Meetings the Interior to participate in projects to plan, design, and construct water supply projects and to amend (Committees not listed did not meet) the Reclamation Wastewater and Groundwater Study and Facilities Act to encourage the design, planning, TECHNICAL SERVICE PROVIDERS and construction of projects to treat impaired surface Committee on Agriculture, Nutrition, and Forestry: Sub- water, reclaim and reuse impaired groundwater, and committee on Forestry, Conservation, and Rural Re- provide brine disposal in the State of California, S. vitalization concluded an oversight hearing to exam- 3639, to amend the Reclamation Wastewater and ine the Department of Agriculture’s use of technical Groundwater Study and Facilities Act to provide service providers, to provide assistance to carry out standards and procedures for the review of water rec- conservation programs under Title II of the 2002 lamation and reuse projects, H.R. 177, to amend the Farm Bill, after receiving testimony from Sara Reclamation Wastewater and Groundwater Study Braasch, Regional Assistant Chief, Natural Resources and Facilities Act to authorize the Secretary of the Conservation Service, Department of Agriculture; Interior to participate in the Prado Basin Natural David Goad, Arkansas Game and Fish Commission, Treatment System Project, to authorize the Secretary Little Rock; James D. Chapin, Shasta Land Manage- to carry out a program to assist agencies in projects ment Consultants, Redding, California, on behalf of to construct regional brine lines in California, to au- the Association of Consulting Foresters of America; thorize the Secretary to participate in the Lower Gene Schmidt, Hanna, Indiana, on behalf of the Na- Chino Dairy Area desalination demonstration and tional Association of Conservation Districts; and reclamation project, H.R. 2341, to amend the Rec- Doug Wolf, Lancaster, Wisconsin, on behalf of the lamation Wastewater and Groundwater Study and National Pork Producers Council. Facilities Act to authorize the Secretary of the Inte- rior to participate in the design, planning, and con- NOMINATION struction of a project to reclaim and reuse wastewater within and outside of the service area of the Committee on Armed Services: Committee concluded a City of Austin Water and Wastewater Utility, hearing to examine the nomination of Lieutenant Texas, and H.R. 3418, to amend the Reclamation General James T. Conway, USMC, for appointment Wastewater and Groundwater Study and Facilities to the grade of general and to be Commandant of Act to authorize the Secretary of the Interior to par- the Marine Corps, after the nominee, who was intro- ticipate in the Central Texas Water Recycling and duced by Senator Talent, testified and answered Reuse Project, after receiving testimony from Rep- questions in his own behalf. resentative Dreier; Larry Todd, Deputy Commis- NOMINATIONS sioner, Bureau of Reclamation, Department of the Interior; P. Joseph Grindstaff, CALFED Bay-Delta Committee on Commerce, Science, and Transportation: Program, Sacramento, California; Chris Lippe, City Committee concluded a hearing to examine the of Austin Water Utility, Austin, Texas; Richard nominations of Nathaniel F. Wienecke, of New Atwater, Inland Empire Utilities Agency, Alexan- York, to be an Assistant Secretary of Commerce, Jay dria, Virginia, on behalf of the WateReuse Associa- M. Cohen, of New York, to be Under Secretary of tion; and J. Tom Ray, Central Texas Water Recy- Homeland Security for Science and Technology, who cling Project, Waco. was introduced by Senators Domenici and Reed, Sean T. Connaughton, of Virginia, to be Adminis- STAFFORD ACT trator of the Maritime Administration, and Charles Committee on Environment and Public Works: Com- D. Nottingham, of Virginia, to be a Member of the mittee concluded a hearing to examine a path for- Surface Transportation Board, both of the Depart- ward for the nation’s emergency preparedness and re- ment of Transportation, both introduced by Senators sponse system relating to the Stafford Act, after re- Warner and Allen and Representative Tom Davis, ceiving testimony from Robert F. Shea, Acting Di- and Robert L. Sumwalt III, of South Carolina, to be rector of Operations, Federal Emergency Manage- a Member of the National Transportation Safety ment Agency, and Corey Gruber, Acting Executive Board, who was introduced by Senator DeMint, after Director, National Preparedness Task Force, both of

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Riley, Director of Civil Works, United Committee on Homeland Security and Governmental Af- States Army Corps of Engineers; Deborah Y. fairs: Committee ordered favorably reported the fol- Dietrich, Director, Office of Emergency Manage- lowing business items: ment, Office of Solid Waste and Emergency Re- S. 2590, to require full disclosure of all entities sponse, Environmental Protection Agency; Pamela and organizations receiving Federal funds, with an Mayer Pogue, Rhode Island Floodplain Manager, Providence, on behalf of the Association of State amendment in the nature of a substitute; Floodplain Managers, Inc.; Armond Mascelli, Amer- S. 3721, to amend the Homeland Security Act of ican Red Cross, Washington, D.C.; and Tamara S. 2002 to establish the United States Emergency Man- Little, Ohio State Emergency Management Agency, agement Authority, with an amendment in the na- Columbus, on behalf of the National Emergency ture of a substitute; Management Association. S. 1838, to provide for the sale, acquisition, conveyance, and exchange of certain real property in the NOMINATION District of Columbia to facilitate the utilization, development, and redevelopment of such property, Committee on Foreign Relations: Committee concluded with an amendment; a hearing to examine the nominations of John Rob- ert Bolton, of Maryland, to be the U.S. Representa- H.R. 3858, to amend the Robert T. Stafford Dis- tive to the United Nations, with the rank and status aster Relief and Emergency Assistance Act to ensure of Ambassador, and the U.S. Representative in the that State and local emergency preparedness oper- Security Council of the United Nations, to which ational plans address the needs of individuals with position he was appointed during the recess of the household pets and service animals following a major Senate from July 29, 2005, to September 1, 2005, disaster or emergency; and to be U.S. Representative to the Sessions of the S. 3613, to designate the facility of the United General Assembly of the United Nations during his States Postal Service located at 2951 New York tenure of service as U.S. Representative to the Highway 43 in Averill Park, New York, as the United Nations, to which position he was appointed ‘‘Major George Quamo Post Office Building’’; during the recess of the Senate from July 29, 2005, H.R. 4246, to designate the facility of the United to September 1, 2005, after the nominee testified States Postal Service located at 8135 Forest Lane in and answered questions in his own behalf. Dallas, Texas, as the ‘‘Dr. Robert E. Price Post Of- fice Building’’; NOMINATIONS H.R. 4962, to designate the facility of the United Committee on Foreign Relations: Committee concluded States Postal Service located at 100 Pitcher Street in a hearing to examine the nominations of Richard W. Utica, New York, as the ‘‘Captain George A. Wood Graber, of Wisconsin, to be Ambassador to the Post Office Building’’; Czech Republic, who was introduced by Representa- H.R. 5104, to designate the facility of the United tives Paul Ryan and James Sensenbrenner, and Karen States Postal Service located at 1750 16th Street B. Stewart, of Florida, to be Ambassador to the Re- South in St. Petersburg, Florida, as the ‘‘Morris W. public of Belarus, after the nominees testified and Milton Post Office’’; answered questions in their own behalf. H.R. 5169, to designate the facility of the United States Postal Service located at 1310 Highway 64 NATIONAL UNIFORMITY FOR FOOD ACT NW. in Ramsey, Indiana, as the ‘‘Wilfred Edward Committee on Health, Education, Labor, and Pensions: ‘Cousin Willie’ Sieg, Sr. Post Office’’; Committee concluded a hearing to examine S. 3128, H.R. 5540, to designate the facility of the United to amend the Federal Food, Drug, and Cosmetic Act States Postal Service located at 217 Southeast 2nd to provide for uniform food safety warning notifica- Street in Dimmitt, Texas, as the ‘‘Sergeant Jacob tion requirements, after receiving testimony from Dan Dones Post Office’’; Senators Chambliss, Boxer and Feinstein; William S. 2555, to designate the facility of the United Stadtlander, Homestat Farm, Dublin, Ohio; Peter States Postal Service located at 2633 11th Street in Barton Hutt, Covington and Burling, Washington, Rock Island, Illinois, as the ‘‘Lane Evans Post Office D.C.; Elsa Murano, Texas A&M University, College Building’’; Station, former Under Secretary of Agriculture for S. 2719 and H.R. 5107, bills to designate the fa- Food Safety; and William K. Hubbard, Chapel Hill, cility of the United States Postal Service located at North Carolina, former Associate Commissioner for 1400 West Jordan Street in Pensacola, Florida, as Policy, Food and Drug Administration. the ‘‘Earl D. Hutto Post Office Building’’;

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H.R. 4646, to designate the facility of the United ven Aoki, Deputy Under Secretary of Energy for States Postal Service located at 7320 Reseda Boule- Counterterrorism; George P. Nanos, Associate Direc- vard in Reseda, California, as the ‘‘Coach John tor, Research and Development Enterprise, Defense Wooden Post Office Building’’; Threat Reduction Agency; Michael A. Levi, Council H.R. 4811, to designate the facility of the United on Foreign Relations, New York, New York; and States Postal Service located at 215 West Industrial Fred Ikle, Center for Strategic and International Park Road in Harrison, Arkansas, as the ‘‘John Paul Studies, Washington, D.C. Hammerschmidt Post Office Building’’; and The nominations of Paul A. Denett, of Virginia, BUSINESS MEETING to be Administrator for Federal Procurement Policy, Committee on Small Business and Entrepreneurship: Com- Anna Blackburne-Rigsby, to be Associate Judge of mittee ordered favorably reported an original bill to the District of Columbia Court of Appeals, Phyllis reauthorize the Small Business Administration. D. Thompson, to be Associate Judge of the District of Columbia Court of Appeals, Jennifer M. Ander- NOMINATIONS son, of the District of Columbia, to be an Associate Committee on Veterans Affairs: Committee concluded a Judge of the Superior Court of the District of Co- hearing to examine the nominations of Patrick W. lumbia, and Mickey D. Barnett, of New Mexico, Dunne, of New York, to be Assistant Secretary of Katherine C. Tobin, of New York, and Ellen C. Veterans Affairs for Policy and Planning, and Thom- Williams, of Kentucky, each to be a Governor of the as E. Harvey, of New York, to be Assistant Secretary United States Postal Service. of Veterans Affairs for Congressional Affairs, who HEALTHY START PROGRAM was introduced by Senator Hutchison, after the nominees testified and answered questions in their Committee on Homeland Security and Governmental Af- own behalf. fairs: Subcommittee on Federal Financial Manage- ment, Government Information, and International NOMINATION Security concluded a hearing to examine the Health Select Committee on Intelligence: Committee concluded a Resources and Services Administration financial closed hearing to examine the nomination of Randall management of its budget in carrying out its mis- M. Fort, of Virginia, to be an Assistant Secretary of sion to increase access to and quality of health care, State (Intelligence and Research), after the nominee after receiving testimony from Peter C. Van Dyck, testified and answered questions in his own behalf. Associate Administrator, Maternal and Child Health Bureau, and Joyce Somsak, Associate Administrator, AT-HOME DNA TEST Healthcare Systems Bureau, both of Health Re- Special Committee on Aging: Committee concluded a sources and Services Administration, Department of hearing to examine direct-to-consumer genetic DNA Health and Human Services. tests, focusing on whether these should be considered BUSINESS MEETING a marketing scam or a medical breakthrough, focus- Committee on the Judiciary: Committee ordered favor- ing on laboratory enrollment and performance stand- ably reported the nominations of Kimberly Ann ards, after receiving testimony from Thomas Ham- Moore, of Virginia, to be United States Circuit ilton, Director, Survey and Certification Group, Cen- Judge for the Federal Circuit, and Steven G. ter for Medicaid and State Operations, Centers for Bradbury, of Maryland, to be Assistant Attorney Medicare and Medicaid Services, and Steven General for the Office of Legal Counsel, and R. Al- Gutman, Director, Office of in Vitro Diagnostic De- exander Acosta, to be United States Attorney for the vice Evaluation and Safety, Center for Devices and Southern District of Florida, both of the Department Radiological Health, Food and Drug Administration, of Justice. both of the Department of Health and Human Serv- ices; Gregory D. Kutz, Managing Director, Forensic SMUGGLED NUCLEAR WEAPONS Audits and Special Investigations, Government Ac- Committee on the Judiciary: Subcommittee on Ter- countability Office; Kathy Hudson, Johns Hopkins rorism, Technology and Homeland Security Com- University Genetics and Public Policy Center, Wash- mittee concluded a hearing to examine the United ington, D.C.; Rosalynn Gill-Garrison, Sciona, Boul- States response to the threat of nuclear or radio- der, Colorado; Carol R. Reed, Clinical Data, Inc., logical terrorism in the United States, focusing on Newton, Massachusetts; Kristopher King, Suracell, efforts to prevent the acquisition of nuclear weapons Inc., Montclair, New Jersey; Narasimhan and nuclear materials, after receiving testimony from Ramarathnam, Genox Corporation, Baltimore, Mary- Vayl S. Oxford, Director, Domestic Nuclear Detec- land; and Howard Coleman, Genelex Corporation, tion Office, Department of Homeland Security; Ste- Seattle, Washington.

VerDate Aug 31 2005 05:30 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D27JY6.REC D27JYPT1 ycherry on PROD1PC64 with DIGEST July 27, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D857 House of Representatives Commerce and Ways and Means now printed in the Chamber Action bill, the amendment in the nature of a substitute Public Bills and Resolutions Introduced: 39 pub- printed in part A of the report, modified by the lic bills, H.R. 5915–5953; and 8 resolutions, H. amendment printed in part B of the report, shall be Con. Res. 455, 457–458; and H. Res. 957, 959–962 considered as adopted in the House and in the Com- were introduced. Pages H6017–18 mittee of the Whole. The bill, as amended, shall be Additional Cosponsors: Pages H6019–20 considered as the original bill for the purpose of further amendment and shall be considered as read. Reports Filed: Reports were filed today as follows: Pages H5988–95 H.R. 5039, to establish a program to revitalize Agreed to: rural multifamily housing assisted under the Hous- Hinojosa amendment (No. 1 printed in part C of ing Act of 1949, with an amendment (H. Rept. H. Rept. 109–603) to improve the availability of in- 109–604); formation and resources for individuals with low lit- H.R. 5347, to reauthorize the HOPE VI program eracy; Pages H5995–96 for revitalization of public housing projects (H. Jackson of Illinois (No. 3 printed in part C of H. Rept. 109–605); and Rept. 109–603) to ensure that emergency contact in- H. Res. 958, waiving a requirement of clause 6(a) formation or next of kin information is included in of rule XIII with respect to consideration of certain any process to modernize medical records; resolutions reported from the Committee on Rules Pages H5996–97 (H. Rept. 109–606). Page H6016 Cuellar amendment (No. 4 printed in part C of Recess: The House recessed at 11:25 a.m. and re- H. Rept. 109–603) to focus a priority of the inte- convened at 12:02 p.m. Page H5972 grated health system grant program on the improved Carl D. Perkins Career and Technical Education coordination of care for the uninsured, underinsured, Improvement Act of 2005—Conference Report: and medically underserved residing in geographically The House began consideration of the conference re- isolated areas or underserved urban areas; Page H5997 port on S. 250, to amend the Carl D. Perkins Voca- Price of Georgia amendment (No. 5 printed in tional and Technical Education Act of 1998 to im- part C of H. Rept. 109–603) to require the Secretary prove the Act. Further consideration is expected to of Health and Human Services to submit a report to resume tomorrow, Friday, July 28th. Congress, which evaluates: the applicability of health care classification methodologies and codes for pur- Pages H5960–62 H5973–78 poses beyond the coding services for diagnostic docu- H. Res. 946, the rule providing for consideration mentation or billing purposes; the usefulness, accu- of the conference report, was agreed to by voice vote, racy, and completeness of such methodologies and after ordering the previous question. Page H5962 codes for such purposes; and the capacity of such Health Information Technology Promotion Act methodologies and codes to produce erroneous or of 2005: The House passed H.R. 4157, to amend misleading information, with respect to such pur- the Social Security Act to encourage the dissemina- poses; Pages H5997–98 tion, security, confidentiality, and usefulness of McMorris amendment (No. 6 printed in part C of health information technology by a recorded vote of H. Rept. 109–603) to direct the Secretary of Health 270 ayes to 148 noes, Roll No. 416. and Human Services to establish a two year project Pages H5962–72, H5978–H6004 to demonstrate the impact of health information Agreed to amend the title so as to read: ‘‘To pro- technology on disease management for chronic dis- mote a better health information system.’’. ease sufferers within the Medicaid population. There Page H6004 is no authorization of funding and it requests a re- Rejected the Doggett motion to recommit the bill port at the conclusion of the demonstration; and to the Committees on Energy and Commerce and Pages H5998–H6000 Ways and Means with instructions to report the Towns amendment (No. 2 printed in part C of H. same back to the House forthwith with an amend- Rept. 109–603) to create a study that provides ment, by a recorded vote of 198 ayes to 222 noes, benchmarks for best practices and cost effectiveness Roll No. 415, after ordering the previous question for the use of Health Information Technology in without objection. Pages H6001–03 medically underserved areas (by a recorded vote of Pursuant to the rule, in lieu of the amendments 417 ayes with 1 voting ‘‘noe’’, Roll No. 414). recommended by the Committees on Energy and Pages H5996, H6000–01

VerDate Aug 31 2005 05:30 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D27JY6.REC D27JYPT1 ycherry on PROD1PC64 with DIGEST D858 CONGRESSIONAL RECORD — DAILY DIGEST July 27, 2006 H. Res. 952, the rule providing for consideration and POPs Conventions and the LRTAP POPs Pro- of the bill was agreed to by a recorded vote of 224 tocol Implementation Act. ayes to 188 noes, Roll No. 413, after agreeing to Prior to this action, the Committee held a hearing order the previous question by a yea-and-nay vote of on these measures. Testimony was heard from the 223 yeas to 193 nays, Roll No. 412. Pages H5972–73 following members of Congress: John E. Sweeney; Pension Security and Transparency Act of and Don Sherwood; former Congressman Charles W. 2005—Motion to Instruct Conferees: The House Stenholm; and public witnesses. agreed to the George Miller of California motion to REVIEW CONSERVATION ISSUES instruct conferees on H.R. 2830, to amend the Em- Committee on Agriculture: Subcommittee on Conserva- ployee Retirement Income Security Act of 1974 and tion, Credit, Rural Development, and Research held the Internal Revenue Code of 1986 to reform the a hearing to review Conservation Issues. Testimony pension funding rules, which was debated on Tues- was heard from the following officials of the USDA: day, July 25th, by a yea-and-nay vote of 285 yeas Mark E. Rey, Under Secretary, Natural Resources to 126 nays, Roll No. 417. Page H6004 and Environment; and Teresa C. Lasseter, Adminis- The House agreed by unanimous consent to H. trator, Farm Service Agency; and public witnesses. Res. 957, directing the Sergeant at Arms of the House of Representatives to deliver the mace of the BORDER SECURITY AND IMMIGRATION House of Representatives to the Secretary of the ENFORCEMENT Smithsonian Institution for necessary repairs. Committee on Appropriations: Subcommittee on Home- Pages H6004–05 land Security held a hearing on Border Security and Meeting Hour: Agreed that when the House ad- Immigration Enforcement, Testimony was heard journs today, it adjourn to meet at 10 a.m. on to- from Secretary Michael Chertoff, Homeland Security. morrow, Friday, July 28th. Page H6005 CENSUS Discharge Petition: Representative Filner moved to Committee on Appropriations: Subcommittee on Science, discharge the Committee on Rules from the consid- the Departments of State, Justice, and Commerce, eration of H. Res. 917, providing for the consider- and Related Agencies held a hearing on the Census. ation of H.R. 23, to amend title 46, United States Testimony was heard from Charles L. Kincannon, Code, and title II of the Social Security Act to pro- Bureau of the Census, Department of Commerce; vide benefits to certain individuals who served in the and Brenda Farrell, Acting Director, Strategic Issues, United States merchant marine (including the Army GAO. Transport Service and the Naval Transport Service) NO CHILD LEFT BEHIND during World War II (Discharge Petition No. 14). Committee on Education and the Workforce: Held a hear- Senate Message: Message received from the Senate ing on No Child Left Behind: Can Growth Models today appear on page H5957. Ensure Improved Education for All Students. Testi- Senate Referral: S. 3741 was held at the desk. mony was heard from Marlene S. Shaul, Director, Page H5957 Workforce and Income Security Issues, GAO; Joel I. Quorum Calls—Votes: Two yea-and-nay votes and Klein, Chancellor, New York City Department of four recorded votes developed during the proceedings Education; and public witnesses. today and appear on pages H5972–73, H5973, EFFICIENT CARE FOR MEDICARE H6000–01, H6003, H6003–04, H6004. There were BENEFICIARIES no quorum calls. Committee on Energy and Commerce: Subcommittee on Adjournment: The House met at 10 a.m. and ad- Health continued hearings on How to Build a Pay- journed at 5:12 p.m. ment System that Provides Quality, Efficient Care for Medicare Beneficiaries. Testimony was heard from Mark B. McClellan, MD, Administrator, Cen- Committee Meetings ters for Medicare and Medicaid Services, Department MISCELLANEOUS MEASURES of Health and Human Services; and public witnesses. Committee on Agriculture: Ordered unfavorably re- PIPELINE SAFETY MEASURES ported H.R. 503, amended, the Horse Protection Committee on Energy and Commerce: Subcommittee on Act to prohibit the shipping, transporting, moving, Energy and Air Quality held a hearing on the fol- delivering, receiving, possessing, purchasing, selling, lowing: Pipeline Safety Improvement Act Reauthor- or donation of horses and other equines to be slaugh- ization; and H.R. 5872, Pipeline Safety Improve- tered for human consumption; and H.R. 3849, PIC ment Act of 2006. Testimony was heard from

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Thomas J. Barrett, Administrator, Pipeline and Haz- tential Creation of a National Museum of the Amer- ardous Materials Administration, Department of ican Latino Community Act of 2005. Transportation; and Donald L. Mason, Commis- The Committee also held an oversight hearing on sioner, Public Utilities Commission, State of Ohio. the Library of Congress. Testimony was heard from CLIMATE CHANGE ASSESSMENTS the following officials of the Library of Congress: IMPLICATIONS James H. Billington, Librarian of Congress; Deanna Marcum, Associate Librarian, Library Sciences; Laura Committee on Energy and Commerce: Subcommittee on Campbell, Associate Librarian, Strategic Initiatives; Oversight and Investigations continued hearings en- and JoAnn Jenkins, Chief of State; and a public wit- titled ‘‘Questions Surrounding the ‘Hockey Stick’ ness. Temperature Studies: Implications for Climate Change Assessments.’’ Testimony was heard from MICROENTERPRISE PROGRAM public witnesses. Committee on International Relations: Subcommittee on HOLOCAUST ART ASSETS Africa, Human Rights and International Operations Committee on Financial Services: Subcommittee on Do- held a hearing to Review the Progress and Charting mestic and International Monetary Policy, Trade, the Path Ahead: the Microenterprise Results and Ac- and Technology held a hearing entitled ‘‘Review of countability Act of 2004. Testimony was heard from the Repatriation of Holocaust Art Assets in the Jacqueline E. Schafer, Assistant Administrator, Bu- United States.’’ Testimony was heard from Stuart reau of Economic Growth, Agriculture and Trade, Eizenstat, Presidential Advisory, Commission on U.S. Agency for International Development, and Holocaust Assets in the U.S.; Catherine A. Lillie, public witnesses. Director, Holocaust Claims Processing Office, New REPORT OF THE COMMISSION FOR York State Banking Department; and public wit- ASSISTANCE TO A FREE CUBA nesses. Committee on International Relations: Subcommittee on HOMELAND SECURITY ACQUISITION Western Hemisphere held a hearing on the Report BUREAUCRACY of the Commission for Assistance to a Free Cuba. Committee on Government Reform: Held a hearing enti- Testimony was heard from Caleb C. McCarry, Cuba tled ‘‘Code Yellow: Is The DHS Acquisition Bu- Transition Coordinator, Commission for Assistance reaucracy a Formula for Disaster?’’ Testimony was to a Free Cuba, Department of State. heard from the following officials of the Department of Homeland Security: David M. Zavada, CPA, As- PROTECTION FOR FASHION DESIGN; sistant Inspector General, Office of Audits; Elaine ESTABLISH PILOT PROGRAM TO Duke, Chief Procurement Officer, Customs and Bor- ENCOURAGE ENHANCEMENT OF der Protection; and Richard Gunderson, Acting As- EXPERTISE IN PATENT CASES sistant Administrator, Office of Acquisition, Trans- Committee on the Judiciary: Subcommittee on Courts, portation Security Administration; Michael J. Sul- the Internet, and Intellectual Property ordered re- livan, Director, Acquisition Sourcing and Manage- ported H.R. 5418, To establish a pilot program in ment, GAO; and a public witness. certain United States district courts to encourage en- ROYALTY RELIEF AND PRICE THRESHOLDS hancement of expertise in patent cases among district judges. Committee on Government Reform: Subcommittee on The Subcommittee also held a hearing on H.R. Energy and Resources held a hearing entitled ‘‘Roy- 5055, To amend title 17, United States Code, to alty Relief and Price Thresholds III.’’ Testimony was provide protection for fashion design Testimony is heard from public witnesses. heard from public witnesses. CHEMICAL FACILITY ANTI-TERRORISM ACT OVERSIGHT—WHETHER ATTEMPTED IMPLEMENTATION OF SENATE Committee on Homeland Security: Ordered reported IMMIGRATION BILL WILL RESULT IN A H.R. 5695, Chemical Facility Anti-Terrorism Act NATIONAL SECURITY NIGHTMARE of 2006. Committee on the Judiciary: Subcommittee on Immi- NATIONAL MUSEUM OF THE AMERICAN gration, Border Security and Claims held an over- LATINO COMMUNITY ACT OF 2005; sight hearing on Whether Attempted Implementa- OVERSIGHT—LIBRARY OF CONGRESS tion of the Senate Immigration Bill Will Result in Committee on House Administration: Ordered reported an Administrative and National Security Nightmare, H.R. 2134, amended, Commission to Study the Po- Testimony was heard from public witnesses.

VerDate Aug 31 2005 05:30 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D27JY6.REC D27JYPT1 ycherry on PROD1PC64 with DIGEST D860 CONGRESSIONAL RECORD — DAILY DIGEST July 27, 2006 PRIVATE CLAIMS SAME DAY CONSIDERATION OF CERTAIN Committee on the Judiciary: Subcommittee on Immi- RESOLUTIONS REPORTED BY THE RULES gration, Border Security and Claims ordered reported COMMITTEE the following bills: H. Res. 201, Referring the bill Committee on Rules: Granted, by voice vote, a rule (H.R. 1329) entitled ‘‘A bill for the relief of Adela waiving clause 6(a) of rule XIII (requiring a two- and Darryl Bailor’’ to the chief judge of the United thirds vote to consider a rule on the same day it is States Court of Federal Claims for a report thereon; reported from the Rules Committee) against certain H.R. 1211, For the relief of Ana Maria Moncayo- resolutions reported for the Rules Committee. The Gigax; and H.R. 1180, amended, For the relief of rule applies the waiver to any special rule reported certain aliens who were aboard the Golden Venture. on the legislative day of July 28, 2006, providing for consideration or disposition of any of the fol- OVERSIGHT—ATLANTIC STRIPED BASS lowing measures: (1) a conference report to accom- CONSERVATION AND MANAGEMENT pany the bill (H.R. 2830) to amend the Employee Committee on Resources: Subcommittee on Fisheries and Retirement Income Security Act of 1974 and the In- Oceans held an oversight hearing to Examine Atlan- ternal Revenue Code of 1986 to reform the pension tic Striped Bass Conservation and Management. Tes- funding rules, and for other purposes; (2) a bill to timony was heard from William T. Hogarth, Direc- amend the Internal Revenue code of 1986 to increase tor, National Marine Fisheries Service, NOAA; and the unified credit against the estate tax to an exclu- public witnesses. sion equivalent of $5,000,000, to repeal the sunset provision for the estate and generation-skipping MISCELLANEOUS MEASURES taxes, and to extend expiring provisions, and for Committee on Resources: Subcommittee on Forests and other purposes; and (3) a bill to provide economic Forest Health held a hearing on the following bills: security for all Americans, and for other purposes. H.R. 5760, Giant Sequoia National Monument UNDERSEA RESEARCH/OCEAN Transition Act of 2006; H.R. 5149, Eastern Sierra EXPLORATION Rural Heritage and Economic Enhancement Act; Committee on Science: Subcommittee on Environment, H.R. 4784, Eugene Land Conveyance Act; H.R. Technology and Standards held a hearing on Under- 4235, Browns Canyon Wilderness Act; H.R. 2718, sea Research and Ocean Exploration: H.R. 3835, Idaho Land Enhancement Act; H.R. 2039, and S. National Ocean Exploration Program Act. Testi- 225, Federal Land Recreational Visitor Protection mony was heard from the following officials of Act of 2005. Testimony was heard from the fol- NOAA: Rich Spinrad, Assistant Administrator, Of- lowing Members of Congress Butch Otter; Joel fice of Oceanic and Atmospheric Research; and An- Hefley; and Buck McKeon; David Tenny, Deputy drew Shepard, Director, Undersea Research Center; Under Secretary, Natural Resources and Environ- and a public witness. ment, USDA; and public witnesses. EMERGENCY CARE MISCELLANEOUS MEASURES Committee on Ways and Means: Subcommittee on Committee on Resources: Subcommittee on Water and Health, held a hearing on Emergency Care. Testi- Power held a hearing on the following bills: H.R. mony was heard from public witnesses. 630, To authorize the Secretary of the Interior to BRIEFING—GLOBAL UPDATES/HOTSPOTS convey certain Federal lands to the City of Yuma, Arizona, in exchange for certain lands owned by the Permanent Select Committee on Intelligence: Met in execu- City of Yuma, Arizona; H.R. 5666, Southern Idaho tive session to hold a briefing on Global Updates/ Bureau of Reclamation Act of 2006; H.R. 5796, To Hotspots. The Committee was briefed by depart- direct the Secretary of the Interior to exclude and mental witnesses. defer from the pooled reimbursable costs of the Cen- FISA LEGISLATION tral Valley Project the reimbursable capital costs of Permanent Select Committee on Intelligence: Held a hear- the unused capacity of the Folsom South Canal, Au- ing on FISA legislation. Testimony was heard from burn-Folsom South Unit, Central Valley Project, and the following Members of Congress: Joe Wilson; S. 895, Rural Water Supply Act of 2005. Testimony John Conyers, Jr.; Jeff Flake; and Adam B. Schiff. was heard from William E. Rinne, Acting Commis- sioner, Bureau of Reclamation, Department of the U.S.-RUSSIAN STRATEGIC Interior; Curtis M. Anderson, Deputy Administrator, CONSIDERATIONS rural Development Utilities Programs, USDA; and Permanent Select Committee on Intelligence: Sub- public witnesses. committee on Intelligence Policy met in executive

VerDate Aug 31 2005 05:30 Jul 28, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D27JY6.REC D27JYPT1 ycherry on PROD1PC64 with DIGEST July 27, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D861 session to hold a hearing on U.S.-Russian Strategic democratic governance in Russia while preserving a Considerations. Testimony was heard from depart- relationship with Moscow, after receiving testimony mental witnesses. from Felice D. Gaer, U.S. Commission on Inter- national Religious Freedom; Carl Gershman, Na- Joint Meetings tional Endowment for Democracy; Tom Melia, Free- dom House; and Fritz W. Ermarth, all of Wash- ENERGY AND THE IRANIAN ECONOMY ington, D.C.; and Nikolas K. Gvosdev, National In- Joint Economic Committee: On Tuesday, July 25, 2006, terest, Shrub Oak, New York. committee concluded a hearing to examine energy COMMITTEE MEETINGS FOR FRIDAY, and the Iranian economy, after receiving testimony JULY 28, 2006 from Paul E. Simons, Deputy Assistant Secretary of State for Energy, Sanctions, and Commodities, Bu- (Committee meetings are open unless otherwise indicated) reau of Economic and Business Affairs; Kenneth Senate Katzman, Specialist in Middle Eastern Affairs, Con- gressional Research Service, Library of Congress; and Committee on Homeland Security and Governmental Affairs: Subcommittee on Federal Financial Management, Govern- Ilan Berman, American Foreign Policy Council, An- ment Information, and International Security, to hold drew Davenport, Conflict Securities Advisory Group, hearings to examine recovery and reconstitution of critical and Jeffrey J. Schott, Institute for International Eco- networks relating to cyber security, focusing on imme- nomics, all of Washington, D.C. diate steps that Department of Homeland Security and HUMAN RIGHTS IN RUSSIA the private sector can take to formalize a partnership and to ensure effective response and recovery to major cyber Commission on Security and Cooperation in Europe (Hel- network disruption, 9:30 a.m., SD–342. sinki Commission): Commission concluded a hearing to examine ways the United States Government can House fulfill its commitment to promote human rights and No meetings are scheduled.

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Next Meeting of the SENATE Next meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, July 28 10 a.m., Friday, July 28

Senate Chamber House Chamber Program for Friday: Senate will be in a period of morn- Program for Friday: To be announced. ing business.

Extensions of Remarks, as inserted in this issue

HOUSE Dingell, John D., Mich., E1562, E1572 Murphy, Tim, Pa., E1568 Frelinghuysen, Rodney P., N.J., E1560 Musgrave, Marilyn N., Colo., E1553, E1557 Ackerman, Gary L., N.Y., E1568 Garrett, Scott, N.J., E1562 Pence, Mike, Ind., E1561 Baldwin, Tammy, Wisc., E1563 Gordon, Bart, Tenn., E1554, E1557 Pombo, Richard W., Calif., E1567 Bean, Melissa L., Ill., E1570 Graves, Sam, Mo., E1551, E1555, E1558, E1560 Salazar, John T., Colo., E1566 Bilirakis, Michael, Fla., E1571 Hart, Melissa A., Pa., E1561 Sanchez, Loretta, Calif., E1571 Bishop, Sanford D., Jr., Ga., E1554, E1557 Herseth, Stephanie, S.D., E1565 Schwarz, John J.H. ‘‘Joe’’, Mich., E1565 Bonilla, Henry, Tex., E1566 Hoyer, Steny H., Md., E1564 Smith, Christopher H., N.J., E1552, E1556 Brady, Robert A., Pa., E1566 Jackson-Lee, Sheila, Tex., E1561 Thompson, Mike, Calif., E1563 Brown-Waite, Ginny, Fla., E1568 Knollenberg, Joe, Mich., E1561 Towns, Edolphus, N.Y., E1551, E1556, E1558 Cardin, Benjamin L., Md., E1570 Langevin, James R., R.I., E1564 Udall, Mark, Colo., E1562 Clyburn, James E., S.C., E1564 Lewis, Jerry, Calif., E1567 Udall, Tom, N.M., E1553, E1554 Costa, Jim, Calif., E1565 McDermott, Jim, Wash., E1563, E1567 Van Hollen, Chris, Md., E1569, E1571 Cuellar, Henry, Tex., E1568 Maloney, Carolyn B., N.Y., E1551, E1555, E1558, E1571 Wilson, Joe, S.C., E1555, E1558 Davis, Tom, Va., E1561 Markey, Edward J., Mass., E1569 Wolf, Frank R., Va., E1566

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