SENATE—Monday, May 7, 2007

May 7, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 11353 SENATE—Monday, May 7, 2007

The Senate met at 2:15 p.m. and was SCHEDULE gency supplemental funding bill that called to order by the Honorable MARK Mr. REID. Mr. President, today, the will make America more secure, fully L. PRYOR, a Senator from the State of Senate will be in a period of morning fund our troops, and responsibly Arkansas. business until 4 o’clock, with the time change course in Iraq. equally divided and controlled by the Our proposal called for a change in PRAYER respective leaders. the mission and the phased redeploy- The Chaplain, Dr. Barry C. Black, of- The Senate will resume consideration ment of U.S. combat troops no later fered the following prayer: of S. 1082, the FDA bill, at 4 p.m. today. than October 1 of this year. Let us pray. Upon resuming the bill, the Senate will A bipartisan majority of the House Eternal Spirit, remind us today of begin several votes: first, the Cochran and Senate made it clear they believe a truths that matter to keep us from de- second-degree amendment to the Dor- timeline for the reduction of combat ceiving ourselves. Help us to remember gan amendment, then the Dorgan operations will compel the Iraqi Gov- that we rarely reap what we haven’t amendment, and then the cloture vote ernment to take responsibility for sown. Remind us that progress is sel- on the substitute amendment. their own country, will reduce the dom made on the wings of inevitability I understand the managers will be specter of occupation, and will allow but requires prayerful plans, powerful here very soon to seek consent to dis- our forces to come home. perseverance, and loving providence. pose of amendments they have already The American people believe this Teach us again that forgiveness still worked out. Also, Members have until 3 overwhelmingly. But now there are heals, truth still liberates, giving still o’clock today to file any first-degree signs the Republican leadership in Con- transforms, and love still conquers. amendments. In addition to filing clo- gress is beginning to think a timeline Give the Members of this body a ture on the committee substitute is necessary as well. According to the meaningful day. Provide them with amendment and the bill, I also filed L.A. Times, House Republican Leader wisdom to discern the excellent and to cloture on the motion to proceed to JOHN BOEHNER said: do what is best. Inspire them to con- H.R. 1495, the Water Resources Devel- Mr. Bush risks defections in the fall if the duct themselves in a way that honors opment Act, which is known as WRDA. war situation hasn’t improved. You. It is a bipartisan piece of legislation, By the time we get to September or Octo- ber, members are going to want to know how And, Lord, please remember the vic- led by Senators BOXER and INHOFE. I well this is working, and if it isn’t, what’s tims of the Kansas tornado. am hopeful it will not be necessary to Plan B. We pray in Your wonderful Name. have that cloture vote and that we will The House Republican leader now Amen. be able to proceed to the bill once ac- seems to be saying that he and his col- f tion is concluded on the FDA bill. Members should be ready for a num- leagues agree there must be a time PLEDGE OF ALLEGIANCE ber of votes starting at around 4 limit on the President’s current course The Honorable MARK L. PRYOR led o’clock today. The first vote will be 15 in Iraq. the Pledge of Allegiance, as follows: minutes, and the remaining votes will What is also revealing, and somewhat disturbing, is the Republican leader is I pledge allegiance to the Flag of the be 10-minute votes. Everyone should be United States of America, and to the Repub- alerted to that. willing to allow our troops to stay in lic for which it stands, one nation under God, Another matter which I mentioned Iraq with a failing strategy until he indivisible, with liberty and justice for all. last week is going to conference with and his colleagues decide it is time to f respect to the budget resolution. The part with the President. House was slated to take that up this President Bush—the same President APPOINTMENT OF ACTING who vetoed our plan—said this as a PRESIDENT PRO TEMPORE evening. I think now it may be tomorrow when they will take it up, so that candidate about his predecessor, Bill The PRESIDING OFFICER. The message may not get to us until Clinton, and the war in Bosnia, in 1999: clerk will please read a communication Wednesday. I think it’s important for the president to to the Senate from the President pro This is a very busy week, so everyone lay out a timetable as to how long they will tempore (Mr. BYRD). should be aware of the different votes be involved and when they would be withdrawn. The assistant legislative clerk read that may be necessary. We hope we can the following letter: complete work on the FDA bill to- We hope President Bush will keep his U.S. SENATE, night. That is certainly possible; other- own past words in mind as these nego- PRESIDENT PRO TEMPORE, wise, maybe in the early morning. tiations continue. Washington, DC, May 7, 2007. We are pleased to see the House Re- f To the Senate: publican leader, speaking on behalf of Under the provisions of rule I, paragraph 3, IRAQ his caucus, adopt our view that this of the Standing Rules of the Senate, I hereby commitment in Iraq must not be open- appoint the Honorable MARK L. PRYOR, a Mr. REID. Mr. President, nearly a Senator from the State of Arkansas, to per- week has passed since the President ve- ended, that there must be a timeline. It form the duties of the Chair. toed a bipartisan proposal that fully is surely no coincidence that his views ROBERT C. BYRD, funded our troops and also changed come at a time when conditions in Iraq President pro tempore. course in Iraq so we could responsibly grow worse. Mr. PRYOR thereupon assumed the end the war. I am reminded of the Easter sermon chair as Acting President pro tempore. Although the President’s actions of Pope Benedict, delivered only a month ago. The Pope said: f thwarted the will of the American people, very clearly, they—the American How many wounds—how much suffering RECOGNITION OF THE MAJORITY people—deserve to know what their there is in the world. LEADER leaders in Congress are doing. We are He continued: The ACTING PRESIDENT pro tem- alerting them that we, as congressional Nothing positive comes from Iraq, torn pore. The majority leader is recog- leaders, are doing everything we can to apart by continual slaughter as the civilian nized. work toward an agreement on an emer- population flees.

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

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD 11354 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 May 7, 2007 Since those words were spoken, con- MORNING BUSINESS these resistant strains of bacteria by ditions have indeed deteriorated. The ACTING PRESIDENT pro tem- increasing incentives and innovation. In April, our troops suffered the pore. Under the previous order, there Additionally, the language in the deadliest month of the year and one of will now be a period for the transaction amendment requests FDA to work with the deadliest of the entire 51 months of of morning business until 4 p.m., with companies to apply the Orphan Drug the war. the time equally divided between the Act to antibiotics wherever possible. The President’s own Special Inspec- two leaders or their designees, with Hand-in-hand with this, it reauthorizes tor General for Iraq Reconstruction re- Senators permitted to speak for up to the Orphan Drug Act grant and con- leased its quarterly report last week- 10 minutes each. tracts from fiscal years 2008 through end that painted a dispiriting picture Mr. REID. I suggest the absence of a 2012. As many of my colleagues know, of waste, ineffectiveness, and failure to quorum. this act has resulted in important achieve even minimally satisfactory The ACTING PRESIDENT pro tem- medicines for rare diseases. results. pore. The clerk will call the roll. The Hatch amendment also ensures Despite burning through most of the The assistant legislative clerk pro- that currently existing incentives for 20 billion American dollars planned for ceeded to call the roll. new drugs are available for new single reconstruction, many Iraqis are with- Mr. REID. Mr. President, I ask unan- enantiomers in new therapeutic areas out basic necessities such as electricity imous consent that the order for the such as Alzheimer’s, cancer, and type and clean drinking water. Of course, oil quorum call be rescinded. II diabetes among others. In 1997, FDA production is down. Only a third of The ACTING PRESIDENT pro tem- issued a Federal Register notice ac- Iraqi children are attending school. pore. Without objection, it is so or- knowledging that the policy needed Seventy percent of the kids are suf- dered. clarification and this amendment fering from symptoms of trauma that Mr. REID. Mr. President, I suggest would do that. could paralyze an entire generation the absence of a quorum and ask unani- Let me start with the issue of anti- that we are counting on to harvest the mous consent that the time in the biotics and the need for new antibiotics seeds of democracy. quorum call be divided equally between to fight drug-resistant infections. Iraqi Prime Minister al-Maliki is ac- the Democrats and the Republicans. Many of us have become more and cused of sabotaging efforts for peace The ACTING PRESIDENT pro tem- more concerned that there is an alarm- and stability by firing some of the pore. Without objection, it is so oring increase in the number of drug-re- country’s top law enforcement officials dered. sistant infections—many of them seri- for doing too good a job of combating The clerk will call the roll. ous—and we are running out of treat- The assistant legislative clerk pro- violent Shiite militias. ment options. ceeded to call the roll. President Bush speaks of pressuring My first chart is based on data from Mr. HATCH. Mr. President, I ask the Iraqi people to take responsibility the Centers for Disease Control and unanimous consent that the order for for their own future. Yet while Amer- Prevention and shows how resistant the quorum call be rescinded. strains of infections have spread rap- ican troops are fighting and dying to The ACTING PRESIDENT pro tem- idly from 1980 to 2000. My colleagues, secure the country, the Iraqi Govern- pore. Without objection, it is so or- this is a very alarming trend and sadly, ment is planning a 2-month summer dered. vacation. for all of us, the problem of resistance Yesterday, eight more courageous f continues to grow. American soldiers fell; four the day be- HATCH AMENDMENT ON A report many of us are familiar fore. I have no doubt these develop- ANTIBIOTICS AND ENANTIOMERS with, Bad Bugs, No Drugs, from the In- ments weighed on Leader BOEHNER’s Mr. HATCH. Mr. President, I would fectious Diseases Society of America, mind when he made his comments sug- like to discuss the amendment which IDSA, highlights the lack of R&D for gesting a fall timeline to the war in deals with antibiotics and enantiomers, new antibiotics. Iraq. But I know he is not alone. Many which is included in the managers’ Antibiotics are not profitable com- of my Republican friends across the package we are adopting today. pared to medications that treat chron- aisle feel strongly that a change of I offered this amendment at the ic conditions and lifestyle issues. Also, course in our Iraq strategy is needed— HELP Committee markup, but with- antibiotics are taken for short periods one that holds the administration and drew it with assurances that we would of time—unlike medications for chron- the Iraqis accountable for real results. work it out prior to floor action. There ic disease which may be taken daily. Many of my Republican friends across have been constructive discussions And, when a new antibiotic comes on the aisle feel it is time for change. This among all interested parties and I be- the market, it is discouraged from use is the time. I know many of my Repub- lieve we have worked language out to avoid the development of resistance. lican friends also intend to be part of that is acceptable. As a result, it is fair to say that major the solution on the way forward, and I There is a great urgency to this situ- pharmaceutical companies have not look forward to working with them. We ation, and I want to make certain my been making significant investments all look forward to continuing negotia- colleagues understand it fully. in antibiotics. tions, which we will work on today. I The Infectious Diseases Society of Given that there are few, if any, anti- have spoken to Chairman OBEY today. I America, the Alliance for Aging Re- biotics in the drug development pipe- talked to him Friday. I will continue search, the Institute of Medicine, the line, if Congress fails to act, we walk to talk to him every day until we reach Resources for the Future, the Centers blindly into a future where we must agreement on a bill that fully funds the for Disease Control, and many others fear basic infections we have long troops while providing a responsible have been sounding the alarm about taken for granted are not a problem. new course that makes America more the growing threat from resistant Medicine changed dramatically when secure. microorganisms and the need for inno- penicillin was discovered and physi- No one wants to succeed in Iraq and vation in the area of antibiotics. cians had a tool to treat deadly infec- make America more secure than I. Congress must listen. tions. Nobel Laureate Joshua Lederberg Can any of my colleagues imagine f said it well: life without penicillin? I am sorry to We are running out of bullets for dealing inform you, we are about there. with a number of (bacterial) infections. Pa- Over the years, many infections be- RESERVATION OF LEADER TIME tients are dying because we no longer in came resistant to penicillin, but we The ACTING PRESIDENT pro tem- many cases have antibiotics that work. were OK—we moved on to the next an- pore. Under the previous order, the The Hatch amendment is intended to tibiotic. We had methicillin—and now leadership time is reserved. be an initial step in the fight against serious infections are resistant to that.

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 11355 We should consider what the health The doctor related that MRSA is an two patients just this month with in- professionals are telling us. Will we lis- aggressive, difficult to treat, form of fections resistant to every antibiotic ten? We are taking antibiotics and our staph that has spread rapidly within currently available. ability to treat bacterial infections for communities. Half of the children he That is becoming a common occur- granted. sees with severe MRSA infections ac- rence. Infectious disease doctors from all quired their infection at home. Infectious disease specialists can do over the country have been writing to This is a picture of Bryce, whose fam- little more than provide supportive their Senators to express their support ily tells a similar story. He had his care for those unfortunate patients. for my amendment. They tell heart- first cold 2 days before Christmas. Be- Without any new antibiotics in the wrenching stories. fore then, 14-month-old Bryce Smith pharmaceutical pipeline, there is no Dr. Helen Boucher, a physician at had never been sick. At 2 a.m. on New promise of a treatment for years to Tufts Medical Center in Boston, MA, Year’s Day, his parents took him to the come. wrote to tell Congress that patients are emergency room, where the seriousness Whatever we do to begin to address routinely lost ‘‘to infections caused by of their son’s condition became imme- this serious concern, we can’t hope to resistant bacteria for which we have diately apparent. realize the benefit for more than a dec- few to no options. [They] recently lost An X-ray showed that Bryce had ade. Drug development takes time and two bone marrow transplant recipients pneumonia. A CT scan showed that his money. Yet few companies are willing who survived all the chemo but died of right lung was filled with fluid. Four to invest either in the area of anti- multiply-resistant gram negative in- hours after arriving at the ER, Bryce biotics. fections. In both cases, [physicians] was scheduled for surgery. Doctors I believe this chart shows that is the pulled an old antibiotic off the shelf found that a methicillin-resistant case. As you can see from this chart, and gave it as a last resort, knowing staph infection had eaten a hole the number of new antibacterial agents how toxic it was but having NO other through his lung. that have actually been approved is options for these young people. . . .’’ For the first 12 days that Bryce was minimal. The market forces don’t work She wrote: in the hospital, the doctors didn’t well for antibiotics. When we cannot As a doc and an American, it’s horrifying know whether he would live. Doctors rely on the market, government has an to know that few to no companies are invest- battled to force air into the child’s obligation to step in. ing even in discovery of new antibiotics for lungs, but as they told his mom, it was The Hatch amendment focuses on in- these infections . . . just this week [she] was like trying to pump air into a brick. presented a case of a previously completely centives for research and development Doctors prescribed high levels of of antibiotics. Specifically, my amend- healthy 33 year-old lady who presented to antibiotics, including vancomycin, in a the hospital in Boston with pneumonia and ment: Provides equitable treatment for desperate battle to fight the infections. died within 6 hours from community-ac- so-called ‘‘old’’ antibiotics; promotes For 6 weeks, the child did not wake up. quired MRSA. Her story and so many others communication and education of cur- During Bryce’s stay in the hospital, he that we see ALL the time, make the need for rent law orphan drug incentives by di- new and powerful options to treat these in- has suffered from several additional in- recting FDA to convene a public meet- fections critical. fections. Bryce is doing much better ing to clarify what ‘‘bad bugs’’ may Community-acquired MRSA is an in- now, he was released from the hospital, qualify for orphan designation; reau- fection that was historically acquired but he still must relearn how to walk. thorizes the Orphan Drug grants and while in the hospital, but now is im- His recovery could take several contracts program which expired Sep- pacting young, healthy people. We have months. As of April 2007, the Smiths’ tember 30, and requires FDA to estab- heard stories of high school, college total bill for Bryce’s care is just under and professional athletes losing their $1 million. lish, update and make publicly avail- lives or careers as a result of these in- Fortunately, the family’s insurance able information on antibiotic fections. Sadly, this infection has be- does not have a ceiling on payments; breakpoints. This is important to as- come far too common, difficult to treat otherwise, the Smiths say they would sure that the antibiotics we and our and has few options to fight it. It can be in financial ruin. Bryce’s ongoing children take are effective against bac- leave individuals disfigured, if they care needs are decreasing, but he still terial infections and minimize the pro- survive. has regular visits with the gression of resistance. In my own State of Utah, the number pulmonologist, nephrologist, and his Antimicrobial resistance is a public of children with MRSA infections at pediatrician. He still tires out easily health crisis. In many ways, it is even the Primary Children’s Medical Center with exertion. bigger than drug safety, a point our in Salt Lake City has dramatically in- The fact that children acquire this colleague, Dr. COBURN, made at the creased since 1989. infection at home is significant be- HELP mark up. Dr. Andy Pavia of Salt Lake City cause we used to only worry about it in This is an issue that touches not just told me that he ‘‘cared for a 2 month the hospital. the old or the young, but all Americans old girl who developed MRSA pneu- Last month, there were numerous ar- throughout every walk of life. Anti- monia and almost died as a complica- ticles about CDC’s concern that cases biotics are as precious a natural re- tion of an otherwise mild respiratory of resistant gonorrhea have dramati- source as water is to a vibrant and infection. She survived and will be cally increased and respond to only one healthy community and, guess what, going home to her parents, but only antibiotic. the creek is drying up. The Hatch after 2 weeks of the most sophisticated There has been much concern over amendment only takes the first steps intensive care and an additional 4 the past couple months related to ex- to address these issues. weeks of intravenous antibiotics.’’ tensively-drug resistant—XDR–TB. If we cannot work together on these Dr. Pavia went on to explain that the Right now, there is a man in Phoenix, more minor provisions, how will we Primary Children’s Medical Center sees AZ, whom authorities took action to truly combat antimicrobial resistance? the impact of resistant bacteria almost isolate in order to avoid the spread of What will we say to the children, sol- every day. the deadly XDR–TB infection he had diers, athletes, elderly and so many In fact, he wrote: contracted while out of the country. others that contract these deadly dis- Last week a two year old girl [who] was This comes in addition to the numer- eases which only years before were suc- weeks away from being cured of Burkitt’s ous reports of our soldiers coming cessfully treated with antibiotics? Are lymphoma developed shock due to a blood- home from Iraq with Acinetobactor—a we really willing to walk away and stream infection with a highly resistant leave nothing in our arsenal to fight strain of a gram-negative bacteria. Fortu- resistant infection that is especially nately, the bacteria was sensitive to one re- difficult to treat and the only option is these bad bugs? maining antibiotic. If it had been resistant, a very toxic antibiotic. I would like to turn my attention she would not have left the Pediatric ICU One doctor we have heard from, in a now to a provision in the Hatch amend- alive. local community, indicated he has seen ment which encourages innovation in

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD 11356 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 May 7, 2007 another area. This provision provides But we should listen to the public RULES GOVERNING THE FDA for 5-year exclusivity for enantiomers health associations, who understand Mr. BROWN. Today, we are likely to of previously approved racemic drugs the need to support innovation. Indeed, wrap up consideration of legislation in different therapeutic areas based on the Alliance for Aging Research, Infec- that modifies the rules governing the new data. tious Diseases Society of America, Na- FDA, an agency that oversees all of the Enantiomers are mirror images of tional Organization of Rare Disorders, medical products we use and most of the same drug. You can think of them and Immune Deficiency Foundation are the food we eat. FDA came into being as left-handed and right-handed mol- dedicated to advocating for patients about a century ago because Americans ecules. We now understand that, in and doctors and improving public were being sold medicines that caused some cases, these enantiomers have health in this country, and they fully injury, that caused birth defects, that very different activity and safety pro- support this amendment in its en- even caused death; and Americans were files. tirety. consuming food products that too often The Infectious Diseases Society of In simplest terms, imagine the bio- were not safe. Those kinds of medicines America represents doctors that see logical target is a glove that fits one were being sold as cures, but they the threat of resistant bugs every day. hand better than the other. When didn’t cure anything. Hatch-Waxman was passed originally, They recognize the need for innovation FDA’s first responsibility—first re- we didn’t contemplate the isolation of in their therapeutic area. sponsibility—is to safeguard the health This isn’t different than 10 years ago one enantiomer from an approved drug of American consumers. But because when the American Academy of Pediat- made up of a mixture of enantiomers the products under FDA’s authority ac- rics argued passionately for the need and its development for a new use count for 25 cents out of every dollar for innovation in pediatric research. based on all new data. U.S. consumers spend, there is a pull But today that is exactly what is Some may not remember that the generic drug industry opposed that provi- on the agency that has nothing to do happening. Sponsors are finding new with patient safety and everything to important uses for enantiomers of sion saying that innovation was not necessary. do with drugs, both brand name and ge- drugs previously approved as a mixture neric, and medical device industry of enantiomers. In contrast, I am pleased that we have achieved an agreement today that profits. Where FDA is requiring all new data I remember a few years ago, when I for approval of these single recognizes the need for this innovation in research involving antibiotics and served as ranking member of the Com- enantiomers and will not allow a commerce Committee’s Health Sub- pany to rely on any of the data sub- enantiomers. Ten years ago, Congress passed the committee in the House of Representa- mitted in the original application for last major piece of FDA legislation, the tives, a representative from FDA start- the mixture of enantiomers, these sin- Food and Drug Administration Mod- ed his testimony to us in front of that gle enantiomers are effectively new ernization Act, or FDAMA. subcommittee by showing us a chart chemical entities and should be enti- Those of us who were here then recall that tracked the U.S. drug industry’s tled to 5-year exclusivity. ever-so-vividly the infamous chart of global market share. In 1997, in a Federal Register notice, the feet displayed with great effective- As I told that representative, FDA is FDA laid out the issue, acknowledging ness by our colleague Senator KEN- not the marketing arm of the drug in- the lack of clarity in the law regarding NEDY. dustry. It is the patient safety arm of 5-year exclusivity for enantiomers and I hasten to say many have had recur- the Federal Government, to guarantee the need to incentivize this type of dering nightmares about the horror of safe products for Americans who con- velopment. FDA requested comments these feet. The Senator and his very sume medicine, food, and the like. but never finalized a policy. bright staff were ever-so-clever in their But FDA’s drug industry dog and The Hatch amendment makes it clear effective use of this chart. Today, I pony show is emblematic of the key that development of an enantiomer for hope to have the same effect, although problem this bill is designed to address. new use in a new therapeutic area I do not wish to spawn a new genera- FDA has strayed from its public health based on new data would qualify for 5- tion of nightmares. mission, and this legislation will help year exclusivity. However, in order to I submit to my colleagues, that if we to get us back on track. address the potential for abuse the re- had adequate antibiotics in develop- S. 1082 requires FDA and drugmakers vised provision limits 5-year exclu- ment, we never would have had to look to work together to assure the safety sivity to approvals in a new thera- at these diseased feet. With passage of of medicines before and after a new peutic class. my amendment today, perhaps this drug is approved for marketing. It As this chart states, innovation and chart can be relegated to the Russell gives FDA more authority to prevent development of enantiomers may pro- attic forever. misleading drug ads and limit patient vide treatments in cancer, Alzheimer’s In closing, I thank my colleagues for exposure to drug risks that may still disease, type II diabetes. When it recognizing that antimicrobial resist- be emerging. comes to FDA, we need to get it right. ance is not a brand issue or a generic S. 1082 is intended to realign FDA’s I feel we have done a lot of good with issue. Effective treatment for Alz- actions with its public safety mission. this bill, and I voted for it in com- heimer’s, cancer, or type II diabetes is While there are aspects of the bill that mittee with the understanding the not a brand issue or a generic issue. I wish were stronger, I believe S. 1082 issues I raised on antibiotics and These are public health issues. will improve patient safety and ulti- enantiomers would be addressed before I urge my colleagues to take these mately the bill will save lives. we reached final passage. I am glad issues seriously and appreciate that we Chairman KENNEDY and Ranking that, as of yesterday afternoon, we have joined together and not let these Member ENZI, their staff members, and have worked out all remaining con- serious concerns fall subject to politics Ellie Dehoney on my staff, literally cerns and I believe the chairman’s as usual. These are growing problems worked night and day on this legisla- commitment at the markup has been and require attention before it is too tion. Other Senators have been there honored. late. right along with them working to in- I know that some were concerned We need to make sure that innova- corporate other key consumer health about this amendment, specifically be- tion is encouraged in these areas and and safety provisions into this bill. cause its incentives provisions were high scientific standards are main- As a result, this legislation will not fueled by exclusivity. With all due re- tained and the Hatch amendment does only help us prevent drug safety crises, spect, I understand the importance of just that. it will help prevent the exploitation of the generic drug industry. We spoke The PRESIDING OFFICER (Mr. the ‘‘citizen petition’’ process, which earlier about the need to get it right WEBB). The Senator from Ohio is recog- delays access to lower priced medi- for follow-on biologics. nized. cines.

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 11357

Prescription drug affordability is a bring up on the bill that will be before ator DODD on these bills. One of these patient safety issue. What medicines the Senate. Amendment No. 1039, bills asks for the creation of a new cen- cost determines who can afford them which Senators MIKULSKI and BROWN ter devoted solely to postmarketing and who must forego them. That is a will also be cosponsoring, provides for drug safety, a center that would bow to patient safety issue. joint postmarketing decisionmaking no one but the American consumer, a Thanks to the hard work of Senators between two offices within the FDA— center that would be an independent HATCH and STABENOW, among others, the Office of Surveillance and Epidemi- voice for consumers, a center that this bill also responds to the problem ology and the Office of New Drugs. would reside in the FDA and decide of antibiotic resistance. It takes steps These offices would address jointly what to do and when to do it when an to spur innovation and reduce costs in postmarketing drug safety issues. unexpected safety risk arises from a that market. This postmarketing decisionmaking drug. Thanks to the hard work of Senators is intended to include labeling changes There is strong opposition to such a DODD, CLINTON, and others, this bill requiring additional postmarketing center, I found. This is the case even will help ensure children receive the studies and restrictions on distribution though scientists and epidemiologists right medicine at the right dosage and and use of drugs. The joint decision- working in the FDA, as well as inde- that they can benefit from medical de- making would give the Office of Sur- pendent thought leaders, believe the vices tailored to their special needs. veillance and Epidemiology signoff au- Food and Drug Administration Safety S. 1082 is an important bill, and it thority. This is different than its Act of 2007 would prevent another will be a better bill if this body passes present role of being a mere consultant Vioxx debacle. the Dorgan amendment to enable the to the Office of New Drugs. The HELP Committee incorporated safe importation of prescription drugs It is very important to understand certain aspects of Grassley-Dodd and and rejects Senator COCHRAN’s amend- that the core of this amendment was Dodd-Grassley bills in the bill before ment to prevent safe reimportation. recommended by the Institute of Medi- us, and I thank Senator KENNEDY and Consumers are importing prescrip- cine last fall. Senator ENZI for doing that. tion drugs today. Seniors in Ohio are The other amendment is amendment During floor debates, I have seen agreements and long-term commit- taking bus trips to Canada to buy their No. 998, which Senator DODD will also prescriptions in Windsor. It is hap- be cosponsoring. It provides for the ap- ments fall through. It is clear to me S. pening in border States throughout our plication of stronger civil penalties for 1082 will never include a separate cen- country because our country pays the noncompliance with approved risk ter for postmarketing safety. The way highest prices in the world for prescrip- evaluation. the process works will not allow a new tion drugs. Currently, S. 1082 contains penalties center to be created in the FDA. That Our Government isn’t doing anything that are insignificant for large compa- is very unfortunate. It is particularly about that. Too many members of Con- nies and amount to nothing more than unfortunate for our consumers. Sen- gress—House and Senate—are, frankly, the cost of doing business. This amend- ator DODD and I concluded a new inde- too involved and too influenced by big ment is intended to give the FDA, the pendent center was the best way to ensure postmarketing drug safety. But, drug companies. So American con- watchdog, some bite along with its again, there is strong opposition to sumers are now taking matters into bark. their own hands. American consumers Big PhRMA doesn’t like my amend- such a center, despite the fact that it is are importing prescription drugs today. ments because they shake up the sta- the right thing to do. The wheeling and dealing and lob- We can help them do it safely or we can tus quo. The status quo includes FDA’s bying on this bill have made it impos- turn our backs and simply wish them debacle, such as Vioxx and the failure well. This Senate, and the House, for sible for a new postmarketing center to of FDA to notify doctors and parents of become a reality. So instead, I am here too many years, along with this Presi- potentially tragic effects of dent, have turned our backs and wished to offer a lesser amendment. It is lesser antidepressants on children. because it is not the best we can do. I them well. These amendments would make post- It is time for something different. know we can do better. Amendment marketing safety concerns a fore- No. 1039 has its roots in the Institute of Let’s help our citizens import prescrip- thought rather than an afterthought at tion drugs safely. Vote for Senator Medicine recommendations and should the FDA. These amendments are in- be embraced by every Member. Specifi- DORGAN’s drug safety initiative and tended to establish greater account- vote against Senator COCHRAN’s poison cally, the Institute of Medicine stated ability, break the stronghold big in its report: pill. PhRMA has on the FDA, and make The committee recommends that CDER I yield the floor, and I suggest the ab- postmarketing safety a meaningful ef- sence of a quorum and ask unanimous appoint an OSE staff member to each new fort at the agency. drug application review team and assign consent that the time be charged Today, through my amendments, I joint authority to OND and OSE for the post- equally to both sides. hope to help Senator KENNEDY and Sen- approval regulatory actions related to safe- The PRESIDING OFFICER. Without ator ENZI finish a very good job they ty. objection, it is so ordered. started through the HELP Committee. Two members of the Institute of The clerk will call the roll. S. 1082 is a first step in setting a new Medicine committee which issued the The assistant legislative clerk pro- direction for the safety of prescription report reiterated recommendations in ceeded to call the roll. an article published last week in the Mr. GRASSLEY. Mr. President, I ask drugs. As I said the week before last, I Journal of the American Medical Asso- unanimous consent that the order for am heartened by the fact that this bill ciation. In particular, they stated: the quorum call be rescinded. attempts to address some of the many The PRESIDING OFFICER. Without failures I have exposed over the last 3 The Institute of Medicine identified the years at the FDA, failures that nega- imbalance in authority between the Office of objection, it is so ordered. New Drugs and the Office of Surveillance and Mr. GRASSLEY. We have 18 minutes tively affect the core mission of the FDA. For the first time in almost a Epidemiology as a major weakness in the remaining. I yield myself 9 minutes. drug safety system. In an effort to facilitate The PRESIDING OFFICER. The Sen- decade, we have an opportunity to re- a collaborative and constructive team ap- ator is recognized. form, improve, and reestablish the proach, the Institute of Medicine rec- f FDA as what it should be: the gold ommended joint authority for the Office of standard of drug safety. New Drugs and Office of Surveillance and Ep- AMENDMENTS TO THE FOOD AND The bills Senator DODD and I have in- idemiology in the postapproval setting. DRUG ADMINISTRATION REVI- troduced in the past were intended to These experts noted that the FDA’s TALIZATION ACT enhance drug and device safety and to response to the Institute of Medicine’s Mr. GRASSLEY. Mr. President, there bring transparency. Over the past two recommendations ‘‘represent incre- are two amendments I am going to Congresses, I have worked with Sen- mental progress’’ but suggest that the

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD 11358 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 May 7, 2007 FDA failed to embrace, among other tions, is intended to curb delays when ORDER OF PROCEDURE things, ‘‘the equality between the it comes to safety. Mr. KENNEDY. Mr. President, I un- preapproval and postapproval activity I have also been told by scientists derstand there is a time allocation; am of the agency.’’ and epidemiologists working in the I correct? Having equality between the preap- FDA, as well as independent thought The PRESIDING OFFICER. That is proval and postapproval activities at leaders, that S. 1082 as it stands will correct. the FDA is fundamental to real reform. not prevent another Vioxx debacle. Mr. KENNEDY. Could the President It is common sense. This is especially They have told me that the Office of tell us the time allocation remaining? true when we think about what we Surveillance and Epidemiology needs, The PRESIDING OFFICER. The Re- have learned from the operation of the at the minimum, joint postmarketing publicans have 9 minutes remaining FDA over the past few years and those decisionmaking authority with the Of- and the majority has 35 minutes. shortcomings. fice of New Drugs to ensure prompt Mr. KENNEDY. I note that the Sen- As we debate this bill, we are going postmarketing action. ator from Maine was on the floor be- to hear a lot about the impressive In- fore I came down, and I know there are stitute of Medicine study and its rec- I also am afraid to say, that right now, I am at the beginning of another other Senators, Senator ROBERTS being ommendations to improve the FDA. We one, who wanted to speak, and I think have and will continue to hear Mem- review that will likely lead to concerns Senator BURR. We also have a number bers talk about how S. 1082 addresses similar to those we have seen in the past—a situation where the post- on our side. many of the Institute of Medicine’s My ranking member is here, and I recommendations. However, this is one marketing adverse events are severe and the public knows nothing. imagine he will allocate the time on important and sweeping recommenda- his side. I am glad to have the good tion that is not addressed in the bill The other amendment I want to talk about, amendment No. 998, is just plain Senator from Maine go ahead. I under- before us. stand there are 9 minutes in total on Amendment No. 1039 is intended to common sense. her side. address that shortcoming. I have seen For FDA’s new authorities to be Mr. President, I ask unanimous con- time and again in my investigations meaningful, there has to be strong civil sent that I be allowed to follow her. that serious adverse effects that monetary penalties. The PRESIDING OFFICER. Without emerge after a drug is on the market I hear that there is a lot of opposi- objection, it is so ordered. do not necessarily get the prompt at- tion to having stronger civil monetary f tention they deserve. They are cer- penalties than those currently in S. tainly not getting the attention from 1082. But that just does not make sense IMPORTATION OF PRESCRIPTION the Office of New Drugs. to me. DRUGS Even the Government Accountability Over the last week I have heard Ms. SNOWE. Mr. President, I thank Office report entitled, ‘‘Improvement members talk about giving FDA some the Senator from Massachusetts for his Needed in FDA’s Postmarket Decision- bite. Well, let’s add some teeth. courtesy and for his cosponsorship of making and Oversight Process,’’ stat- this initiative. I, obviously, want to ed: Civil monetary penalties need to be more than the cost of doing business. also thank the sponsor of this legisla- FDA lacks clear and effective processes for tion, with whom I am privileged to making decisions about, and providing man- If civil monetary penalties are noth- agement oversight of, postmarket safety ing more that the cost of doing busi- join, the Senator from North Dakota, issues. ness, you can’t change behavior and, who has demonstrated leadership for I, for one, have seen too many people more importantly, you can’t deter in- the last decade on this initiative which suffer from the results of the Vioxx tentional bad behavior. is so crucial to the American con- mess. I also have heard from parents Amendment No. 998 would increase sumer. whose children committed suicide on the penalties that can be imposed if I rise to speak today on behalf of the antidepressants. companies fail to comply with the re- Dorgan-Snowe amendment regarding This amendment is about making quirements of the ‘‘risk evaluation and drug importation. I know the Senator postmarketing safety in S. 1082 a re- management strategies,’’ such as label- from Mississippi, Mr. COCHRAN, has of- ality, not just another byline. Identi- ing changes and requirements for post- fered a second-degree amendment to fying a safety issue after a drug is on approval studies or risk communica- require the Secretary of Health and the market is the beginning of the tion plans. Human Services certify both the savings and safety of drug importation. process of protecting the American These requirements are at the core of Obviously, there is concern for the consumer. S. 1082. But, FDA cannot be an effec- safety of the American people. It is one Once the safety questions are identi- tive regulator if it’s all bark and no that I appreciate strongly. It must be fied, FDA needs to be empowered and bite. our highest priority. But we have been willing to take action to address those The last thing we need to do with at this juncture before with respect to questions and to ensure timely notice this bill is to provide the FDA with drug importation. to doctors and consumers of new safety new authorities but little enforcement risks for drugs that they are already As I mentioned earlier, twice before capacity. That’s not accountability we have seen the Congress adopt a re- taking. and that won’t help FDA do its job bet- Senator ENZI stated last Monday that quirement for the Secretary to certify ter for the American people, and it safety and savings before imple- with Vioxx, the Food and Drug Admin- won’t punish bad players. istration did not have enough tools to menting a program of prescription drug That is why amendment Nos. 1039 and deal with the new risks that became importation, and not a single prescrip- 998 make sense. evident only after Vioxx had been on tion drug was imported under either the market for some time. They fit into S. 1082 and its stated the MEDS Act of 2000 or the Medicare But the problem with the Vioxx mess goal of promoting postmarketing safe- Modernization Act of 2003. Americans and the antidepressant mess wasn’t ty. deserve access to affordable medica- only about having enough tools, it was I again thank Senators KENNEDY and tions, and that access must be safe, but about FDA managers disregarding the ENZI for the tremendous efforts that it is not made so by simply certifying concerns raised by its own scientists in went into bringing this bill to the with respect to drug importation. As I the Office of Surveillance and Epidemi- floor, and I again thank them for incor- said, twice before we have been ology and not taking action in a timely porating a number of the provisions set through this—in 2000, and of course in manner. forth in the two bills filed by Senator the Medicare Modernization Act of 2003 Amendment No. 1039, which is in the DODD and me. under the prescription drug benefit for Institute of Medicine recommenda- Mr. President, I yield the floor. the Part D Program.

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 11359 Many who are in the Senate today we all know, there would be no legal prices in the world—this amounts to supported a certification requirement importation. $99 billion more than the foreign con- in good faith, recognizing that the Sec- The savings are clear. Yet the advo- sumers. That is what Americans pay retary of Health and Human Services cates of certification continue to insist today. Some would say: Oh, that af- would certify the safety upon review- certification is critical—particularly fects research and development. Well, ing and evaluating circumstances, but regarding safety. Yet what is needed is no, not exactly. In fact, the pharma- that has not occurred. Most would not not a certification requirement, which ceutical industry spends about 10 per- think such a certification would block simply is a stamp on the status quo, cent of that $99 billion. So about $10 Americans from legally importing but real action to assure the safety of billion in research and development medications. That is because for years prescription drugs. more than they do in Europe. So we are we have seen our constituents—and By way of analogy, I would like to not seeing the increase in prices that certainly those from my State of know where we would be if we applied Americans pay being channeled into Maine—using Canadian pharmacies, this simple certification approach to more research and development. It and both the safety and savings were other areas. Consider air travel. Ameri- simply is not the case. indisputable. Yet certification did not cans embark on thousands of flights What this does say is that American arrive. every day, but the travel of millions is consumers are paying more than any- As a result, the former Secretary of not dependent on certifying the status one else in the world. Not only are they Health and Human Services, Secretary quo. We rely on regulation and over- paying more for their drugs, but Amer- Shalala, declined to make the certifi- sight of the aircraft that fly and their ican taxpayers are underwriting the re- cation with respect to the MEDS Act, maintenance—of the individuals who search and development, as we have and we know she did so because of crew, service, and direct those air- seen obviously with the National Insti- three specific flaws in the law, each of craft—of every critical aspect of avia- tutes of Health. The taxpayer under- which this legislation addresses. tion. If we were waiting for the FAA stands how important it is that the After the passage of the Medicare and its international partners to sim- Federal Government remain on the Modernization Act, which included the ply say flying is safe rather than act- vanguard of research and development prescription drug program, we saw that ing to make it safe, we simply wouldn’t of life-threatening medications, and former Secretary Thompson could not have commercial air travel. not only are they paying for the re- certify importation. The fact is, it is I note that last week, as the Senate search and development that benefits patently unfair to ask the Secretary to discussed problems with both the drug foreign consumers, who are paying 35 make such a certification, especially as and food safety, I did not hear my col- to 55 percent less, but they are also to safety. That is because you must leagues suggest FDA certify that im- paying the highest prices in the world. give the Secretary the resources and ported food is safe. We, instead, spoke That is why this legislation allowing the authority to implement measures about measures to make it so. That for drug importation is so essential. We to make prescription drugs and their points to what this amendment is have addressed every safety concern. distribution as safe as possible. about—not ensuring safety but block- We create a regime for tracking the So it comes as no surprise that given ing fair access to imports for Ameri- shipments, creating a pedigree, cre- no standards, no authority, and no re- cans. ating a history with FDA approval—in- sources, we have failed to see a Sec- The fact is, Americans simply cannot spected and registered. So I would urge retary provide certification over the see why it is that they cannot be pro- the Members of the Senate to defeat last 7 years. Secretary Thompson un- vided a safe and effective system, this certification amendment and to derstood this well. He said it simply: which is exactly what the Dorgan- support the Dorgan-Snowe amendment. The law is this: In order to import drugs Snowe amendment does and what this I think we have achieved a milestone from any country, and especially Canada, I legislation has been drafted to accom- moment in the Senate, where we have have to certify that all those drugs are safe. plish year in and year out. We have finally recognized and acknowledged That is an impossible thing. If Congress taken every conceivable concern re- that the day has come to allow Ameri- wants to import drugs, they should take that garding safety and incorporated it in cans to take advantage of more com- provision out. this legislation. petitive prices than have been avail- The certification of savings is no less As you can see on this chart, we in- able to them before. of a red herring. In fact, it has become corporate 31 provisions. Compare that I yield the floor. a persistent roadblock every time we to the Medicare Modernization Act, f have passed certification to allow drug which included the Part D prescription importation by the Secretary of Health drug program for seniors, that included ORDER OF PROCEDURE and Human Services. Without a doubt, only six safety-related provisions. We Mr. KENNEDY. Mr. President, we Americans would not purchase im- included 31 different provisions. That is will speak as in morning business for 10 ported medications if substantial sav- crucial to understanding that this sets minutes and if the Chair would let me ings were not being realized. Indeed, up a system that will allow FDA in- know when I have a minute left. the Congressional Budget Office has spectors to approve registered prescrip- Mr. DORGAN. Mr. President, reserv- told us the countries from which we tion drugs imported from other coun- ing the right to object, and I certainly would import under this bill pay 35 to tries—in fact, countries that meet or would not object, but I want to under- 55 percent less for brand prescription exceed our standards. Compare that, stand the time. We have a vote at 4 drugs and that we can realize a drug for example, to the fact that the FDA o’clock, I believe, which is already or- savings alone of $50 billion over 10 approves manufacturing facilities in dered. Would the President tell me years. It should be patently obvious other countries that actually have what the time is between the two par- the savings part of certifying importa- lower standards than our country does. ties, how it is divided and who controls tion is a nonissue. We allow medications to be manufac- time at this point? In fact, the Congressional Budget Of- tured in other countries with lower The PRESIDING OFFICER. The time fice has confirmed those savings again, standards than what we have. Yet we for morning business has been equally estimating that in addition to con- are now saying we will not allow im- divided until 4 o’clock. The Repub- sumer savings, the Federal Govern- portations of medications from coun- licans have no time remaining, and the ment would save $10.6 billion—includ- tries that meet or exceed our stand- majority has 33 minutes. ing the Medicare and Medicaid Pro- ards. Mr. DORGAN. Senator KENNEDY is grams that would achieve indisputable At a time in which American con- asking for 10 minutes in morning busi- savings. Every cent of that savings, the sumers are paying 35 to 55 percent ness? CBO estimates, will be lost if the Coch- more for drugs than foreign con- The PRESIDING OFFICER. Senators ran amendment is adopted because, as sumers—in fact, paying the highest are permitted to speak for 10 minutes.

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD 11360 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 May 7, 2007 Mr. DORGAN. Might I ask to follow ference to work out, with the House of rise to Constitutional concerns, and I Senator KENNEDY in morning business Representatives, the points of dif- think we have a very solid resolution. for 10 minutes? ference with the House. We are also I wish to thank Senators STABENOW, Mr. ROBERTS. Mr. President, reserv- eager to work out the extremely im- BROWN, LOTT, THUNE, COBURN and ing the right to object, if that is where portant area of the follow-on biologics. HATCH for reaching agreement on the we are. It is an enormously important area of difficult issue of citizens petitions. Mr. KENNEDY. Mr. President, could public health, and it is going to de- Their amendment prohibits the abuse I have the attention of Members. I un- mand a great deal of time and careful of the citizens petition process, a proc- derstand the good Senator from Kansas attention to make sure we get that ess that led to unwarranted delays in wanted to make a brief statement issue correct. the approval process of FDA drugs, about the terrible tragedies that have It is important to not fail the Amer- while making certain the FDA can re- affected his State, and I see my friend ican people but to see progress made in view issues that have merit. The list from Vermont is here, so if he were to addressing this issue. The only way we also includes a novel proposal from take 10 minutes, we would still have 10 can do it is make sure we get legisla- Senator BROWNBACK and Senator minutes. tion that is going to pass the Senate, BROWN to encourage the development Mr. SANDERS. Ten minutes would pass the House of Representatives, and of new therapies for neglected diseases. be fine. move into conference. We are strongly Under this innovative and thoughtful Mr. KENNEDY. I am wondering if committed to doing that. proposal, companies that have devel- Senator SANDERS would be willing to I commend our colleagues for all oped new treatments or vaccines for take 6 minutes and let Senator ROB- their good work and assistance. We had tropical diseases will receive a credit ERTS have 4 to talk about the tragedies a rigorous markup in our committee entitling them to a priority review at in his State. He mentioned this earlier for several hours. There were a number FDA for a product of their choosing. to me, and I didn’t think we would of different amendments. We have ad- The proposal will not raise costs to have this time dilemma. Would that be dressed the issue of food safety with consumers nor will it change safety acceptable? the Durbin amendment. This issue has standards. It is a very solid, imagina- Mr. SANDERS. Yes. been on the front pages all over this tive, and creative approach. I commend Mr. ROBERTS. I could not hear the country and all over the world, par- Senator HATCH for his amendment on amount of time I might be permitted. ticularly with regard to pet food as antibiotics, as well Senators BROWN, Mr. KENNEDY. We have the whole 30 well as food safety generally. This leg- BURR, STABENOW and others for con- minutes, but the Senator from islation will go a long way toward giv- tributing important proposals to this Vermont has said that, of his 10 mining assurances to American families amendment. utes, he would be glad to yield to you that all of our food products are going The amendment strikes the right bal- 4 minutes, and then he will take 6 min- to be safe and secure. ance between innovation and access, There are other provisions such as utes. Would that be agreeable? and closes a loophole that eliminated developing a nonprofit foundation so Mr. ROBERTS. If I could plead with the incentives to bring old but never we can draw from the private sector the Senator for 5 minutes? approved antibiotics to market. Mr. SANDERS. Yes. and the public sector to make sure that Mr. ROBERTS. I thank the Senator agency is going to have the best of new If there were more time, I would de- from Vermont. techniques and new modalities, and to scribe other amendments on the list, The PRESIDING OFFICER. Without try to make sure the products that are but I simply wish to thank all our col- objection, it is so ordered. before the Agency are going to be safe leagues. This issue is a matter of enor- Mr. KENNEDY. Mr. President, I will and secure and available as fast as pos- mous importance and incredible con- yield 1 minute of my time to Senator sible. There will be a new emphasis in sequence to the safety and security of SANDERS. terms of science and also, as my friend the American consumer. This legisla- Mr. SANDERS. I thank the Senator. from Wyoming points out, a toolbox tion brings the FDA into the 21st cen- The PRESIDING OFFICER. The Sen- that will be available to the FDA in tury. I commend my friend and col- ator from Massachusetts is recognized. order to ensure that we can get drugs league Senator ENZI for all his work. Most of all, I want to thank our staffs. f more rapidly to the consumer but make sure they will be safer for Amer- They have been tireless, over this past DRUG SAFETY ican families, using the best of new week, on a variety of different amend- Mr. KENNEDY. Mr. President, hope- technology, information technology, to ments and prior to that time as we fully during this afternoon we will make sure they are going to be more worked our way to the floor of the Sen- have a chance to move irrevocably to- safe. ate. ward bringing the FDA into the 21st I am enormously appreciative of the This is a very comprehensive bill. It century, in terms of safety and secu- work of my friend from North Dakota, is enormously important. We believe it rity for American families. We do that Senator DORGAN, on the issue of cost will help in providing greater safety for with our primary focus making sure and price. Part of this is making sure American families, greater innovative- that in this time of the life sciences, we are going to have drugs that will be ness in terms of breakthrough drugs the extraordinary breakthroughs we safe, but we also want to make them and in terms of food safety, and greater are seeing every single day, that the accessible and available. I commend opportunities for the FDA to have the Food and Drug Administration is going him and all those who have been a part best science there is. to bring those new opportunities to of this process. This is certainly an as- Mr. President, whatever remaining American families but do it safely and pect of the prescription drug issue that time that I have, I yield it to the Sen- do it efficaciously and do it in a way we should constantly address. ator from Vermont. which is going to ensure that every I thank Senator ROBERTS and Sen- I yield the floor. family in America is going to have safe ator HARKIN for working with Senator prescription drugs and safe products ENZI and me on the important issue of Mr. DORGAN. Mr. President, I will over which the FDA has jurisdiction. DTC, direct-to-consumer advertising. allow the Senator from Kansas, if he I thank my friend from Wyoming for We have accomplished our common would prefer, to proceed for his 5 min- all his good work. We are going to have goal of a constitutionally sound, effec- utes, asking that I be recognized for 10 a series of three votes, and then we tive, workable way to make sure that minutes following his presentation. may very well set a pathway, hope- DTC ads provide accurate information Mr. ROBERTS. Mr. President, I fully, toward a successful conclusion of to patients about the drugs they are thank the distinguished Senator. I this legislation. He and I are both taking. This amendment strikes the thank the distinguished Senator from eager to see this legislation in the con- moratorium on DTC ads that had given Vermont for allowing me to speak.

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 11361 DISASTER IN GREENSBURG, and hope for the future as we help one cerns that have been expressed with KANSAS another rebuild, one brick at a time. It drug advertising. Instead, we would Mr. ROBERTS. My colleagues, last may be possible, indeed likely, that as have a situation where the Secretary Friday evening the town of Greens- we move forward, we may need addi- would become the editor for all pre- burg, KS, was literally wiped off the tional emergency assistance or legisla- scription drug advertisements and map by an enormous, mile-and-a-half, tion from Congress to assist the resi- could ban drug advertising for up to 2 level 5 tornado. As a result of this and dents of the town that no longer exists. years. storms associated with the system, 12 I put our Senate leadership and all our This would certainly put us on a slip- Kansans are confirmed dead—and I fear colleagues on notice today that we will pery slope to restricting advertise- that number may still rise—and all of likely be coming to you with any re- ments in other industries, and I don’t the 1,500 residents of Greensburg have quests for assistance to rebuild this think that is a responsible approach. been displaced. Kansas community. The freedom that is guaranteed to us What we have experienced in Greens- f under the first amendment demands burg is unlike any other event in re- that we carefully consider any proposal DRUG ADVERTISING cent Kansas history. The hospital is that would impose a ban or other limi- gone. The schools are gone. Every Mr. ROBERTS. Mr. President, I tation on speech. The first amendment church is gone. Virtually every busi- thank Chairman KENNEDY, Ranking says, ‘‘Congress shall make no law . . . ness in the community is gone, includ- Member ENZI and all of my colleagues abridging the freedom of speech . . . .’’ ing all of Main Street. Estimates are for accepting my amendment to im- For more than three decades, this pro- that fully 95 percent of the structures prove the drug advertisement provi- tection has been extended to speech in in the town are damaged and de- sions included in S. 1082, the Food and the form of advertising, or commercial stroyed. Drug Administration Revitalization speech. But this is not all. Even as cleanup is Act. The U.S. Supreme Court has set down starting, more storms continue to My amendment, replaces the drug ad- an explicit four-part test—known as pound our State. Flooding and strong vertisement provisions in the under- the Central Hudson test—to determine storms continue to compound the prob- lying bill with what I believe is a more if a speech restriction violates the first lem. commonsense approach to dealing with amendment. Too often, while government does not prescription drug advertisements. I believe the advertising provisions in communicate and work well as part- During the markup of this bill in the the underlying bill fail the key parts of ners in times of need and emergency, HELP Committee a few weeks ago, the that test and my view is supported by sometimes we could double that for chairman and Ranking Member ENZI constitutional experts, including the Congress. However, this weekend my committed to working with me to ad- American Civil Liberties Union— fellow Kansas Congressman and the dress my concerns on this issue. This ACLU, the Washington Legal Founda- Governor of Kansas and I all toured the amendment represents the result of our tion and several other constitutional devastated town of Greensburg. We efforts to achieve an outcome that is experts. were accompanied by our State’s top- acceptable to all of us. However, I understand that there are notch emergency officials. I spoke ex- I also want to thank Senators HAR- strong concerns with drug advertising. tensively with all levels of FEMA, in KIN, BURR, and COBURN for their leader- I agree that we have a legitimate inter- an effort to make sure they had every- ship on this issue and for cosponsoring est in ensuring these advertisements thing they needed to move into place, my amendment. are not false or misleading. This is why and I talked to President Bush to give Chairman KENNEDY and Ranking my amendment takes a reasonable and him a personal update from a McDon- Member ENZI, I want to say that I commonsense approach to deal with ald’s in Pratt, KS. Let me tell you, truly appreciate the hard work you drug advertisements. there is nothing quite like speaking to both have done in putting together this My amendment stresses the impor- the President of the United States bill. I know you and your staff have put tance of assuring that advertising is from a phonebooth in a local McDon- in many long months of work to get us accurate and balanced and recognizes ald’s to let the surrounding residents to this point. that companies should be held account- know their Government does mean I specifically want to thank David able if their ads are false or mis- business. Bowen of Chairman KENNEDY’s staff leading. The President has been very sup- and Amy Muhlberg of Senator ENZI’s My amendment strikes the 2-year portive. We have been notified by the staff for working so closely with me moratorium on advertising in the un- White House that he will be making a and my office on finding a resolution derlying bill and instead allows the trip to Kansas to personally view the on the drug advertising issue. David Secretary to assess civil monetary pen- damage and visit with the people of and Amy, I appreciate your commit- alties—up to $150,000 for the first viola- Greensburg. The credit for this not ment and professionalism in helping us tion and $300,000 for subsequent viola- only falls on Federal shoulders but to achieve this compromise. tions—on drug companies that produce those of our National Guard, all of the While I strongly support the goals of false or misleading ads. first responders, Red Cross, and many this legislation to ensure drug safety This will ensure that patients will volunteers who, along with President and to renew some very important pre- know truthful and accurate informa- Bush and the FEMA team and our scription drug and medical device pro- tion about new prescription medica- State officials, are now working 24/7 to grams, I have serious concerns with tions in a timely manner, rather than make it possible for the residents of provisions in the underlying bill re- having to wait until 2 years after their Greensburg to rebuild and return garding drug advertising. I believe arrival in the marketplace. home. these provisions would infringe on our My amendment also allows the Sec- I stood here this winter, following a first amendment rights to free speech. retary to require the disclosure of a se- blizzard that buried much of western Of most concern to me is a provision rious risk or date of approval of the Kansas, and proclaimed the resiliency in the underlying bill to give the Sec- drug in the advertisement if he or she of Kansans, our willingness to help retary the discretion to institute a 2- believes the ad would be false or mis- each other and our sheer determination year ban on advertising for new drugs leading without the disclosures. when faced with great odds. That de- and related restrictions on drug adver- My amendment requires that major termination is being tested again, but I tising. statements about a drug’s side effects, have no doubt in the coming days and As a former editor and reporter for contraindications and effectiveness in weeks and months that the story of several newspapers, I feel that these television or radio ads be presented in Greensburg will progress from one of provisions violate the first amendment a clear and conspicuous manner so as horrible tragedy to one of optimism and would do nothing to address con- not to mislead the public.

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD 11362 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 May 7, 2007 My amendment also does not change Mr. President, let me ask unanimous proved, lower priced drugs. The ques- the current language in the underlying consent to show once again two bottles tion is this: Should the American peo- bill which allows the Secretary to re- of Lipitor. ple be paying the highest prices in the view direct-to-consumer ads before a The PRESIDING OFFICER. Without world for prescription drugs? The an- drug company disseminates these ads objection, it is so ordered. swer is, no; it is not fair. to the public. Mr. DORGAN. This is a prescription Why should that be the case, that we This will allow the FDA to comment drug made in Ireland. It is made in Ire- should pay the highest prices in the and provide constructive feedback to land. It is called Lipitor. It is for the world? So we have put together a piece companies to ensure their ads are ap- reduction of cholesterol. It lowers your of legislation—bipartisan, people on propriate and not misleading. Many cholesterol—the same pill, put in the both sides of the aisle, 33 cosponsors. companies are already submitting their same bottle, made by the same com- Then we are told, well, it is unsafe to ads to the FDA for review. pany, made in the same FDA-approved do this. It is unsafe. Truthful and accurate prescription plant. It has only one difference—only That is nonsense. It is not unsafe. drug ads do provide a benefit to the one. That is, this one costs twice as Europe has done it for 20 years. Europe public. Research has shown that people much. Why? Because this one was sent can do it, but we can’t do it? It gives are more likely to go to the doctor, ask to Canada and this was sent to the consumers the opportunity to take ad- thoughtful questions and discuss sen- United States. The U.S. consumer is vantage of the global marketplace. sitive health issues with their doctors told: Congratulations, you get to pay We are talking about FDA-approved as a result of DTC ads. twice as much for the prescription drugs, made in FDA-approved plants, My amendment ensures these posi- drug. sold all over the world with one dif- tive aspects of advertising will con- But that is not unusual. It is hap- ference—price. The American continue, but also gives the FDA the tools pening all the time. sumers are told they have to pay the they need to protect the public from Let’s talk about counterfeiting. This highest price. Dr. David Kessler is the false or misleading prescription drug is a $20 bill. This is a new $20 bill, you expert on this, in my judgment. He was ads. know, the ones we brag about, the ones FDA Commissioner for 8 years, the The agreement that was accepted the mint has press conferences about. head of the Food and Drug Administra- today is a fair compromise that ad- We have all kinds of technology in this tion. The Dorgan-Snowe bill ‘‘provides dresses the concerns of all of the Mem- $20 bill to prevent and prohibit coun- a sound framework for assuring that bers involved. terfeiters from reproducing this $20 Again, I thank the chairman and imported drugs are safe and effective.’’ bill. Safe and effective. End of story, in Ranking Member ENZI for their efforts We can build a technology in a $20 to work on this important issue, and I my judgment. I understand the phar- bill to prevent counterfeiting, but we thank all of my colleagues for accept- maceutical industry does not want ing my amendment. can’t do it for medicine? Are you kid- this. I understand that. They want to I ask unanimous consent to add Sen- ding me? What we have provided in this control prices. Yes, we have price con- ator WEBB as a cosponsor of the Drug amendment is a series of steps: com- trols in America, not Government price Safety Act. plete pedigree, serial numbers, RFID controls but price controls by the phar- The PRESIDING OFFICER. Without technology and anticounterfeiting maceutical industry. objection, it is so ordered. measures. We can do it for a $20 bill but It is the only industrialized country not for a bottle of medicine? Don’t be- in the world that I am aware of that f lieve it. says to the drug industry: Price it as DRUG IMPORTATION We are going to vote at 4 o’clock. The you wish. It doesn’t matter. You just Mr. DORGAN. Mr. President, if and question is going to be: Will the phar- price it as you wish. when we pass the underlying bill, we maceutical industry have their way Well, what they have done—I had a will have advanced this country’s in- once again, as they have so often? hearing. Here is what they told me. terests, I believe. But if we pass this Let me make a point that is impor- They price at the level they price pre- bill by adding the Cochran amendment, tant. The Cochran amendment is al- scription drugs in this country because which effectively kills the underlying ready law. It was passed in 2003—in they can. Because they can. That amendment on which we have now 2003. It already exists in law. The re- might sound OK for the bottom line, voted cloture last Thursday, dealing sult is the Secretary of Health and but what does it mean for the person with the safe importation of FDA-ap- Human Services says it can’t be imple- walking into the grocery store tonight proved drugs at a much lower price—if mented because I can’t certify there is in a small town in the Midwest who we kill that by agreeing to the Cochran no risk. The fact is the Secretary can’t does not have much money and has to amendment, we will have substantially certify there is no risk with any new decide—the pharmacy is at the back of diminished the opportunity to provide drug. He couldn’t certify there is no the store—I better go buy the prescrip- for drug safety. That is a fact. risk with spinach coming from Mexico tion drugs the doctor says I need first The underlying bill doesn’t have in it or strawberries coming from any other to find out how much money I have left what we have in the Dorgan-Snowe country. He couldn’t certify there is no for groceries? amendment, for which we have 33 co- risk with any food product being im- It goes on all the time. Many of us sponsors. We have pedigree require- ported. They can’t certify there is no believe, Republicans and Democrats, ments. We have serial requirements to risk with the domestic drug supply. In we ought to at least open the global be written on the pill bottles. We have fact, the domestic drug supply, without marketplace for consumers to be able anticounterfeiting measures. We have our amendment, will be dramatically to pursue those FDA-approved drugs, addressed all of those issues in the less safe because you will not have the made in FDA-approved plants, at lower amendment. None of those require- protections we put in this amendment. prices, the prices at which they are ments exist today, and none of those The pharmaceutical industry has sold in virtually every other country in will exist with the domestic drug sup- never wanted them, and the underlying the world. This is unfair to the Amer- ply or with imported drugs when this bill doesn’t include them. It doesn’t in- ican consumer. That is the point. legislation passes. clude the anticounterfeiting provi- Interestingly, there was a long de- The only way those provisions will sions. It doesn’t include the pedigree, scription of counterfeit drugs in the exist is if we defeat the Cochran the serial requirement on the indi- New York Times this weekend. None of amendment and then pass the amend- vidual bottles to track back. It does that would be available to report, in ment that we have offered, allowing for not include that. That is a fact. my judgment, because it would not the safe reimportation of prescription So don’t vote for the Cochran amend- have happened if we had had the provi- drugs, because we put the safety provi- ment and then tell people you want to sions, the safety provisions we have in sions in our amendment. allow Americans to import FDA-ap- the Dorgan-Snowe amendment.

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 11363 The fact is, you would not have dan- cancer for 3 years. For 3 years we have amendment—which is clearly a poison ger in the drug supply because you driven to Canada to buy her pill—is a vote against reimportation. would have much more money going to Tamoxifen. Three years we have driven I would urge my colleagues, if you the FDA for the purpose of making cer- to Canada to buy the Tamoxifen. disagree with reimportation, vote no. tain the drug supply is safe. I am not You can bring a small supply across But a vote for the Cochran amendment just talking about the imported drugs, the border if you do it personally. is, in fact, a vote no. I am talking about a drug supply sold Why? Because it costs three-fourths You have heard from Senator SNOWE. in this country, produced here and sold less than it costs in the United States. You have heard from Senator DORGAN. here. The lack of serial numbers, the He said: I save 80 percent by buying it The arguments over safety are just not lack of a pedigree, the lack of effective in Canada. Yet for 3 years my wife has accurate. This bill details in great anticounterfeiting technology, the had to fight breast cancer and fight the length an entire regimen as to how we lack of resources to go after RFID high prices here, and we have had to can make sure all of the prescription technology, all of that is lacking in the drive into Canada. drugs reimported into the United underlying bill. Well, the fact is, most Americans States are safe and FDA approved. It is not in the bill. The only way it cannot drive to Canada. This bill is for I always find it remarkable that is going to get there is if we are willing most of the Americans who are paying every day, huge amounts of imported to defeat the Cochran amendment and prices that are too high. They want a food are coming into this country. I do to pass the amendment I have offered safe drug supply, but they, for sure, fi- not hear a hue and cry about whether along with many of my colleagues. nally, at long last, want a fair price, that food is inspected. Let me quote from the May 1st New This is not a new issue. We have come one they have not been getting, one York Times: to this issue on many occasions in the they ought to get starting at 4 o’clock past. Each and every time the pharma- today. More than 135 countries ship food items to the United States. Canada, Mexico and China ceutical industry has been able to Mr. President, I yield the floor and have led the way with China shipping nearly trump us with votes on the floor of the reserve the remainder of my time. five times as much in food items to the Senate or the House. I hope—first I The PRESIDING OFFICER. The Sen- United States as it did in 1996. wish, second I hope, and finally I ex- ator from Vermont is recognized. China is importing more and more pect, that one of these days we will be Mr. SANDERS. Mr. President, let me food into the United States. Where are able to prevail. One of these days we congratulate the Senator for his out- the FDA inspectors? Are they all over may be able to win this debate. Maybe standing leadership on this issue. Let the farms in China making sure these it is today at 4 o’clock. I hope so. me just pick up right from where he products are safe? I have not heard one Some say, well, there will be no sav- left off. He and I and Senator SNOWE word about that issue. This legislation ings with your amendment. Well, the and a number of us have been dealing has built in the strongest prescription Congressional Budget Office says it is with this issue for many years. My in- drug safety regimen we have ever seen. $50 billion in 10 years—$50 billion. Is volvement came in 1999, when I took a Let me tell you what this debate is that a savings? It seems to me it is. busload of Vermonters, including many really about. It is not about prescrip- Some say, well, this would be unsafe. women who were struggling for their tion drug safety. It is about the power You cannot prevent counterfeits from lives with breast cancer. of the pharmaceutical industry, which coming in. Many of those women did not have a in a city that has enormously powerful Once again, we have all of this tech- lot of money, and they also went across special interests, we have the pharma- nology to prevent somebody from coun- the Canadian border. They also pur- ceutical industry standing uniquely terfeiting a twenty-dollar bill, but we chased Tamoxifen. In those days, the alone as the most important, if you cannot with respect to medicine? Of price they paid was one-tenth the will, and, in my view, greedy lobby in course we can. price, one-tenth the price compared to the entire United States of America. Europe has done it for 20 years in a what they were paying in the United Here it is. Do you want to know what manner that is safe, but we cannot be- States. Here you have women strug- the issue is? Here it is: pharmaceutical cause we are not as smart as they are. gling for their lives, who do not have a industry lobbying. Nonsense. Finally, at last, at long last, lot of money, and were paying one- From 1998 to 2006 they spent $1.1 bil- I hope this Senate will stand up to the tenth the price. lion for lobbying; 1998 to 2006, $1.1 bil- pharmaceutical industry and say this: This amendment is a big deal. This lion in lobbying. You are a good industry. We appreciate amendment will mean that Americans The pharmaceutical industry has what you do. We like lifesavings drugs. from one end of our country to the over 1,000 well-paid lobbyists right here But lifesavings drugs save no lives if other, people with chronic illnesses, on Capitol Hill: former heads of the Re- you cannot afford to take them. We do senior citizens who run into the dough- publican Party, former leaders in the not support your pricing policy. We be- nut hole, so-called doughnut hole on Democratic Party. Whenever anybody lieve a pricing policy that says to the Medicare Part D, that finally these stands up for justice, whenever any- American consumer: You pay the high- Americans, our Americans, our people, body stands up to try to lower the cost est prices in the world, we believe that will no longer continue to be ripped off of prescription drugs in this country so pricing policy is wrong and you have to by the pharmaceutical industry and be that the American people can afford change it. That is what I hope the mes- forced to pay by far the highest prices these lifesaving medicines, these lobby- sage will be in this Chamber this after- in the industrialized world for the same ists descend like locusts on all of our noon. exact medicine which people in Can- offices in the Senate, in the House. It is past the time, long past the ada, people in Germany, people all over That is what they do. time, in my judgment, for this Con- Europe receive at far lower prices—the It is not just the amount of money gress to stand up on these issues. same medicines, same companies, same they spend on lobbying. They spend a In this case, let’s stand up on the side factory, except we pay far higher substantial amount of money on cam- of the American people who have been prices. paign contributions: From 1990 to 2006, denied their right to participate in the There is very strong support for this $139 million in campaign contributions; global economy, to access a safe supply legislation. Millions of Americans are 2006 alone, $19 million. That is power. of drugs, FDA-approved, when it is sold already supporting this legislation by What this debate is about is not just in every other country for lower prices. getting into their cars and going over the need to lower the cost of prescrip- Let me conclude by pointing out, as the Canadian border. The AARP and tion drugs in America, as important as I did last week, an old man sitting on other senior organizations support this that is. What this debate is more sig- a straw bale on a North Dakota farm amendment. My understanding is that nificantly about is whether the Con- told me one day, he said: I am in my the AARP intends to note on their gress of the United States has the cour- eighties. My wife has fought breast scorecard that a vote for the Cochran age to stand up to the greediest, most

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD 11364 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 May 7, 2007 powerful special interests in this coun- PRESCRIPTION DRUG USER FEE all Americans but also should shut try. AMENDMENTS OF 2007 down rogue Internet pharmacies selling unsafe drugs. In November the American people The PRESIDING OFFICER (Ms. KLO- The Dorgan amendment would im- went to the polls. They said they want BUCHAR). Under the previous order, the prove drug safety, not threaten it. And a change in the direction in which this Senate will resume consideration of S. it would open up trade to lower cost country is moving. Clearly, that elec- 1082, which the clerk will report. drugs. tion had a lot to do with Iraq. It cer- The legislative clerk read as follows: tainly did. It had a lot to do with glob- We see news accounts on a regular A bill (S. 1082) to amend the Federal Food, al warming, I believe. But it also, in basis describing Americans who log on Drug, and Cosmetic Act to reauthorize and to the Internet to purchase drugs from any view, had a lot to do with the un- amend the prescription drug user fee provi- derstanding that year after year Canada and elsewhere. sions, and for other purposes. In 2004, my staff were briefed about wealthy and powerful special interests Pending: an investigation by the Permanent have dictated the terms of the debate, Landrieu amendment No. 1004, to require Subcommittee on Investigations for have paid for the legislation which has the Food and Drug Administration to premit the Senate Government Affairs Com- come through the Senate and through the sale of baby turtles as pets so long as the mittee. the House. seller uses proven methods to effectively The Permanent Subcommittee on In- The drug companies have managed to treat salmonella. vestigations conducted an investiga- do something rather amazing. Vir- Dorgan amendment No. 990, to provide for tion into current drug importation. tually all of the Members of the Senate the importation of prescription drugs. Cochran amendment No. 1010 ( to amend- They found that about 40,000 parcels and the House look at economic issues containing prescription drugs come through two lenses. No. 1, in order to ment No. 990), to protect the health and safety of the public. through the JFK mail facility every protect consumers, we say: Let there Stabenow amendment No. 1011, to insert single day of the year—40,000 packages be free market competition. That is provisions related to citizens petitions. each day. the way to lower the costs of the prod- Brown (for Brownback/Brown) amendment Now, the JFK airport houses the uct. And there is truth to that. No. 985, to establish a priority drug review largest International Mail Branch in The other way that we can protect process to encourage treatments of tropical the United States, but even then it is consumers is through Government reg- diseases. the tip of the iceberg. ulation. There is certainly truth to Vitter amendment No. 983, to require coun- Each day of the year 30,000 packages that. What the pharmaceutical indus- terfeit-resistant technologies for prescrip- of drugs enter the United States tion drugs. try has managed to do is tell us we Inhofe amendment No. 988, to protect chil- through Miami, and 20,000 enter cannot regulate the pharmaceutical dren and their parents from being coerced through Chicago. That’s 50,000 more companies. We cannot have Medicare into administering a controlled substance in packages each day. negotiating lower prices with the drug order to attend school. What is worse, about 28 percent of companies. We cannot do that. They Gregg/Coleman amendment No. 993, to pro- the drugs coming in are controlled sub- have given us all kinds of reasons we vide for the regulation of Internet phar- stances. cannot do that. macies. These are addictive drugs that re- Then they have told us, well, we also Mr. GRASSLEY. Madam President, quire close physician supervision. While most people are ordering their cannot do free market competition: No, we have three critical votes ahead of us prescriptions from Canada, they are you cannot have the local druggist this afternoon. These votes mean that also ordering prescriptions from Brazil, going out and purchasing the product today is the day we show the American India, Pakistan, the Netherlands, at the best price that he can get, people whether we can really pass drug Spain, Portugal, Mexico and Romania. maybe in Canada, maybe Europe. You importation or whether we are just giving it lip service and nothing else. The Although the Federal Food, Drug, can’t do that. You cannot have regula- and Cosmetic Act prohibits the impor- tion. You cannot have free market Dorgan amendment is the moment American consumers have been waiting tation of unapproved, misbranded, or competition. adulterated drugs into the United Then, on top of all of that, what the for and today is the day. As I said last week, the Dorgan States, the fact is that thousands of drug companies have managed to do is counterfeit and unregulated drugs are get many billions of dollars in cor- amendment is the result of a collaborative effort by myself with Senator seeping through our borders. This is porate welfare, so the taxpayers of this what is happening today. DORGAN and with Senator SNOWE and country subsidize the research and de- John Taylor, Associate Commis- Senator KENNEDY to finally make drug velopment of many of the most impor- sioner of Regulatory Affairs for the tant drugs, while the consumers, the importation legal in this country. Food and Drug Administration, FDA, American consumers, get no reasonable This is the golden opportunity this in his testimony before the House Com- pricing despite the many billions of year to get it done. mittee on Energy and Commerce in dollars that go into research and devel- Now we have heard here on the floor June 2003 stated that, ‘‘the growing opment that were paid for by them. the concerns that some have with drug volume of unapproved imported drugs, The drug companies get it all. That importation and drug safety. Let me which often are generated from sales is what they get. At the end of the day, tell you that this is something I take via the Internet, presents a formidable year after year after year, they are one seriously. Everyone who knows me enforcement challenge.’’ of the most profitable industries in this knows that I care deeply about the Despite the hard work of both the country. They are very profitable, and safety of drugs, and I would not be FDA and BCBP to control our borders, elderly people and working people all standing here today urging support for the importation of illegal drugs has be- over this country find it harder and the Dorgan amendment if I didn’t come an unenforceable problem. That harder to pay for the prescription think it had the right stuff on drug is because today, the FDA does not drugs they desperately need. safety. And it does. have the authority or the resources to Let us stand with the people. Let’s The fact is that the unsafe situation do much about it. The Dorgan amend- defeat the Cochran amendment and is what we have today. ment would change that. pass the Dorgan amendment. Today, consumers are ordering drugs The basic approach to assuring the over the Internet from who knows drugs are safe in the Dorgan amend- f where, and the FDA does not have the ment which I coauthored with him—is resources to do much of anything to give FDA the ability to verify the CONCLUSION OF MORNING about it. drug pedigree back to the manufac- BUSINESS The fact is that legislation to legal- turer, require FDA to inspect fre- The PRESIDING OFFICER. Morning ize importation would not only help to quently, and require fees to give FDA business is closed. lower the cost of prescription drugs for the resources to do this.

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 11365 For imports by individuals from Can- lated system overseen by FDA will cans can import drugs from that coun- ada, the bill requires the exporters in stem the tide of unregulated pharma- try. And there are stiff penalties for Canada to register with FDA and to ceuticals coming into the United violating the safety requirements. post a bond that they will lose if they States and create a safe and effective Don’t be fooled by the Cochran send unsafe drugs. Frequent inspec- system for obtaining low-cost prescrip- amendment. Voting for the Cochran tions by FDA ensure compliance. tion drugs. amendment is a vote to kill drug im- For commercial imports, American The bill before us is the vehicle this portation. wholesalers and pharmacists must reg- year to get it done. The bill we are de- With the Dorgan amendment, we are ister with FDA and are subject to bating is a must-pass FDA bill. The working to get the job done. criminal penalties if they import un- Senate should send a strong message We need to make sure Americans safe drugs. Again, frequent inspections that we are committed to finally get- have even greater, more affordable ac- by FDA ensure compliance. ting it done this year. cess to wonder drugs by further open- The bill requires manufacturers to And that is what we are working to- ing the doors to competition in the inform FDA whether foreign drugs gether to do today. global pharmaceutical industry. meet FDA standards, and if they don’t, Making it legal for Americans to im- Americans are waiting. We must the manufacturers have to give FDA port their prescription drugs is a top make sure they have access to afford- the information necessary to evaluate priority at the grassroots. It needs to able prescription drugs. I urge my colleagues to vote against the safety of the drug. If a foreign drug be a top priority here in Washington. the Cochran amendment and in favor of is manufactured in a plant the FDA I have long advocated allowing Amer- the Dorgan amendment. has not inspected, FDA can inspect it. ican consumers access to safe drugs Mrs. CLINTON. Madam President, for The bottom line is the legislation from other countries. I have always many years, the FDA has been consid- gives the FDA the authority and re- considered it a free-trade issue. ered the gold standard among the sources it needs to implement safely Imports create competition and keep world’s drug safety bodies. And no one the drug importation program set up domestic industry more responsive to here doubts the desire of the agency’s under this bill. consumers. many career employees to continue to The fact is that the unsafe situation In the United States, we import ev- carry out its mission of keeping our is what we have today: 40,000 drug erything consumers want. So that drug supply safe for all Americans. In packages coming in every day in New should be the case on prescription the legislation we are considering York, 30,000 drug packages coming in drugs. today, S. 1082, the Food and Drug Ad- every day in Miami, and 20,000 drug We need to do it legally and safely. ministration Revitalization Act, we packages coming in every day in Chi- We need to give the FDA the authority provide these dedicated employees with cago. That is 90,000 packages with and resources to do it. That is what the the resources necessary to continue drugs coming in from other countries Dorgan amendment would do. their work to ensure the safety and ef- every single day. Consumers in the United States pay ficacy of drugs and biologic products We are already saying yes to drug far more for prescription drugs than for Americans. importation every day that we allow those in other counties. Despite the dedication of the FDA’s this unregulated and unsafe situation If Americans could legally and safely employees, we know there have been to exist. We say yes to it 90,000 times a access prescription drugs outside the breakdowns at the agency. We know day. United States, then drug companies that, at times, it has taken too long to What we need to do and what the will be forced to reevaluate their pric- act when a drug may pose a threat. It Dorgan amendment would accomplish ing strategies. They would no longer be took many months from the point is giving the FDA the resources to able to gouge American consumers by when scientists became aware of the clean up this mess. making them pay more than their fair elevated risk of adverse cardiovascular The Dorgan amendment gives the share of the high cost of research and events associated with Vioxx and the FDA the resources and authority to development. point when it was withdrawn from the crack down on the unsafe and unregu- Now, it is true that pharmaceutical market, during which time the FDA lated importation of drugs. That is companies do not like the idea of open- had multiple opportunities to engage what we need. That is one of the key ing up America to the global market- in stronger actions to protect con- reasons I have been working with Sen- place. sumers. ator DORGAN and Senator SNOWE and They want to keep the United States In recent years, we have seen the sci- Senator KENNEDY on this legislation. closed to other markets in order to entific process unduly influenced by One of our key aims is to improve drug charge higher prices here. However, political or economic factors. When safety. with the Dorgan amendment, prescrip- Senator PATTY MURRAY and I worked I have been doing a lot of work in the tion drug companies will be forced to to secure a decision for over-the- area of drug safety, as my colleagues compete and establish fair prices here counter availability of Plan B, we saw know, and I felt that I should talk in America. the ways in which science-based deci- about why the Dorgan amendment is Now some don’t want this to happen. sionmaking was compromised. The important for improving drug safety. And I want to reiterate that there is an Government Accountability Office has A vote against the Dorgan amend- attempt to kill drug importation as confirmed that the FDA’s 2004 decision ment is a vote in favor of the unsafe has been done many times before in not to approve over-the-counter sales situation we have today. this Chamber. I am referring to an of Plan B was politically motivated. I must also say that a vote for the amendment by my good friend from Concerns about undue influence from Cochran amendment is a vote to kill Mississippi, Senator COCHRAN. His factors other than science extend be- the Dorgan amendment. So a vote in amendment would require a certifi- yond this one example. According to a favor of the Cochran amendment is a cation about health and safety. That Union of Concerned Scientists survey, vote in favor of doing nothing. It is a amendment is designed to kill drug im- 61 percent of FDA scientists could cite vote for keeping the unsafe situation portation once again. It is a clever examples of when ‘‘Health and Human we have today. amendment but it is a poison pill. Services or FDA political appointees Congress must act now on legislation Our effort develops an effective and have inappropriately injected them- that will not only shut down rogue safe system that gives Americans ac- selves into FDA determinations of ac- Internet pharmacies selling unsafe cess to lower prices. This amendment tions.’’ Twenty percent of those re- drugs to consumers but will also lower requires that all imported drugs be ap- sponding had been ‘‘asked explicitly by the cost of prescription drugs. proved by the FDA. The amendment FDA decision makers to provide in- Legalizing the importation of pre- sets a stringent set of safety require- complete, inaccurate, or misleading in- scription drugs through a highly regu- ments that must be met before Ameri- formation.’’

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD 11366 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 May 7, 2007 Because of these examples, I believe The lack of affordable drugs does not marketed to children are safe and ef- that the American public lost a great just hurt those who are uninsured or fective in children. As of the early deal of confidence in the ability of the underinsured, but it also places greater 1990s, only about 20 percent of drugs agency to ensure the safety of their pressure upon our health care system. contained specific pediatric dosing in- medications. With this legislation, we The cost of treating someone in the formation, but since 1998, we have had can begin the process of rebuilding con- emergency room is much higher than over 1,000 drugs fall under the scope of sumers’ confidence in the FDA. the cost of a prescription. But the way the pediatric rule, resulting in hun- Through this bill, we are taking con- our system is set up, we don’t help peo- dreds of studies that have helped us crete steps to improve drug safety. S. ple engage in cost-effective disease gain valuable data about drugs com- 1082 establishes steps to establish a management by making those drugs af- monly used by kids. routine active surveillance system for fordable, and I believe that we need to The reauthorization of the pediatric medications and sets up a process examine the ways in which importa- rule contained in this larger bill will through which the FDA can better tion can lower costs not only for con- allow us to make additional strides in manage risks for a range of drugs, from sumers but for our overall system. improving pediatric drug development. requiring postmarket studies to im- The Dorgan-Snowe amendment con- We will be able to remove unnecessary proving communication about the risks tains many provisions that will ensure bureaucratic barriers and improve the and benefits associated with medica- safety while giving Americans access ability of the Food and Drug Adminis- tions. to cheaper drugs. This bipartisan provi- In addition to establishing a frame- tration to require testing on already- sion will allow seniors to safely access marketed drugs when sponsors refuse work to increase drug safety, we are drugs from Canada starting 90 days also working to implement an atmos- to carry out such testing under the in- after enactment. It will provide the phere where science guides the agen- centive provided by the Best Pharma- needed authority and funding to the cy’s decisions. We need to put into ceuticals for Children Act. FDA to regulate foreign pharmacies place the systems to ensure that em- It will improve our ability to collect and wholesalers, so that we can be sure ployees can engage in the open, evi- and analyze data about pediatric clin- dence-based discourse needed as part of that any drugs that enter the United ical trials so that we can better evalu- the drug approval and review process— States are safe for our citizens. And it ate the impact of such trials upon chil- discourse not unduly influenced by po- will increase the consumer protections dren’s health overall, and it will im- litical concerns. This legislation goes a involved with internet pharmacies, so prove the FDA’s ability to coordinate long way to doing some of that by in- that people who don’t live near the bor- the incentives provided under Best creasing the transparency around drug der can access imported drugs without Pharmaceuticals for Children Act with approval decisions, addressing conflicts being defrauded. the pediatric rule so that these two pe- of interests on advisory committees, We need to make drug reimportation diatric programs of the agency can and creating a climate that protects safe, we need to make drug reimporta- work together more seamlessly. the rights of employees to publish in tion unambiguously legal, and we need However, I must note that I am dis- peer-reviewed scientific journals. to do so as quickly as possible. The appointed that this bill does not con- I know that many of my colleagues Dorgan-Snowe amendment would allow sider what I believe to be a critical have raised concerns about safety in us to do all of those things, and I would part of the Pediatric Research Im- the context of reimportation of drugs, urge all of my colleagues to support provement Act—the provision which and I am pleased to note that on this this amendment to the bill. would have made permanent the au- In addition to the provisions of this legislation, we have found a way to thority of the FDA to obtain important legislation dealing with drug safety allow for safe drug reimportation. S. data through the pediatric rule. 1082 contains the provisions of Senator and reimportation, I am proud to note that the Food and Drug Administra- Instead, the legislation before the DORGAN and SNOWE’s Pharmaceutical Senate today contains a sunset of this Access and Drug Safety Act, legislation Revitalization Act has an entire title devoted to pediatric issues. I authority, meaning that if this provi- tion I am proud to cosponsor. This sion isn’t reauthorized 5 years from worked with Senators DODD, KENNEDY, amendment would establish the frame- now, the FDA will no longer be able to work through which we could phase in and ENZI to craft these provisions, which will be of great benefit to chil- ensure that drugs used in children are drug reimportation from other nations safe and effective in children. where regulatory authority is similar dren. The pediatric device provisions We would never dream of placing a to that in our country, allowing mil- will help us improve the number and sunset on the FDA’s authority to cer- lions of Americans to safely obtain types of medical devices designed for tify the safety and efficacy of drugs medically necessary drugs at lower pediatric populations, and the reau- used in adults, and I fail to understand cost. thorization of the Best Pharma- Americans pay higher prices for the ceuticals for Children Act improves the why we impose a different standard on exact same prescription drugs being applicability of the pediatric exclu- drugs for children, and I will seek to taken by their counterparts in Canada sivity incentive and increases the speed address this issue as the bill moves for- and Europe. The Congressional Budget through which these studies can be reward. Office has found that prices for brand- quested by the FDA. When this bill was We must also improve the FDA’s au- name prescription drugs are 35 percent passed in 2002, I was able to work with thority in the realm of follow-on bio- to 55 percent higher in the United Senator DODD and the HELP Com- logics. While there is nothing in the States. This price disparity affects mil- mittee to increase provisions to assist version of the legislation that is on the lions of Americans. Our seniors, many pediatric cancer research, and I am floor today that addresses this issue, of whom are on fixed incomes, end up pleased to be a cosponsor of this legis- Senators KENNEDY and ENZI have made spending larger portions of their in- lation this time around. a commitment that we will mark up come on drugs, especially when falling S. 1082 also contains most of the pro- legislation on this issue on June 13 in into the ‘‘doughnut hole’’ or wrestling visions of the Pediatric Research Im- the HELP Committee and that we will with other gaps in a Medicare Part D provement Act, a bill that I introduced incorporate this legislation into the benefit. And this isn’t only a problem earlier this year to reauthorize the pe- conference negotiations on this drug for seniors—we have 46 million unin- diatric rule. Because of this authority, safety bill. sured individuals in our country, many the Food and Drug Administration is Earlier this year, in conjunction with of whom are unable to afford prescrip- able to ensure that drugs that are mar- a number of bipartisan cosponsors, I in- tion drugs. Without these drugs, man- keted for children are safe and effec- troduced the Access to Life-Saving ageable chronic conditions, like asth- tive in children. Medicine Act, legislation to provide ma or high blood pressure, spiral out of For the past decade, I have been FDA with the authority to approve safe control into serious health problems. working to ensure that drugs that are and effective generic versions of

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 11367 biotech drugs. By bringing safe and ef- USDA, and the Centers for Disease available at a lower cost without a doc- fective follow-on biologics to the mar- Control and Prevention (CDC) to im- tor’s prescription. ket, we can provide significant savings prove our response to foodborne ill- Comparative effectiveness assists to patients, employers, and the govern- nesses. physicians and patients in selecting ment. According to the CDC, unsafe foods the best treatment and helps to reduce More than $10 billion worth of bio- cause an estimated 76 million illnesses, inappropriate uses of treatments that pharmaceuticals will come off patent 325,000 hospitalizations, and 5,000 pose unnecessary safety risks to pain the next 5 years, and without this deaths each year. Despite these statis- tients—and more and more people are legislation, the manufacturers of these tics, safety tests for domestically pro- recognizing its potential in improving biotech drugs can continue to charge duced food have dropped nearly 75 per- health care. Earlier today, the Blue monopoly prices indefinitely. In 2005, cent when compared to the number Cross and Blue Shield Association an- the costs of biologics grew 17.5 percent conducted in 2003. Meanwhile, the num- nounced their support to create a new, compared to traditional drugs, which ber of food imports has grown from independent entity to explore the effec- increased 10 percent. And in 2006, the under 4 million food import line items tiveness of new and existing medical Medicare Part B Program spent more in 1993 to nearly 20 million in 2007. We procedures, drugs, devices, and bio- than $5 billion on biologic drugs. It is have a situation where inspections are logics. I am grateful for their leader- clear that biotech drugs hold great declining, yet the number of outbreaks ship, and I will be introducing legisla- promise, but this promise is wasted if and contaminations in our food supply tion shortly to expand comparative ef- we don’t take action to ensure that all is on the rise. The fragmentation in fectiveness research and its use at the Americans have access to safe, effec- our food safety system must be ad- Federal level. tive, and affordable generic versions of dressed in order to protect consumers. I have been involved in the debate these drugs. With several of my colleagues, I have over the Food and Drug Administra- According to a report released by repeatedly written to the Secretary of tion Revitalization Act for several Engel and Novitt to the Pharma- Agriculture, the Commissioner of the months now and believe that the prod- ceutical Care Management Associa- FDA and the Director of the CDC urg- uct we have produced represents a step tion, PCMA, passage of this legislation ing them to create an interagency task forward for safety. I will be supporting could conservatively save an estimated force to better enable us to prevent this legislation and look forward to $14 billion over the next 10 years. such illnesses. To date, no action has working with my colleagues to ensure I look forward to working with Sen- been taken to grant my request. If the that we can continue to strengthen ator KENNEDY and my colleagues on delay is due to concerns that these this agency, lower prescription drug the HELP Committee to ensure that agencies do not have the authority to costs, and maintain a strong commit- we enact legislation that provides the pursue such authority, I stand pre- ment to consumer protection and sci- FDA with the authority and flexibility pared, along with many others in the entific innovation. to approve biopharmaceuticals subject Senate, to provide these agencies with AMENDMENT NO. 1010 to a workable, abbreviated approval such authority. I look forward to work- pathway that is efficient, effective, and ing with my colleagues in the HELP The PRESIDING OFFICER. Under scientifically grounded and that in- Committee to address concerns about the previous order, there will be 2 min- cludes measures to ensure timely reso- food safety and help restore our Na- utes for debate equally divided on lution of patent disputes, as well as tion’s confidence in the ability of both amendment No. 1010 offered by the Sen- adequate incentives for continued in- these agencies to protect American ator from Mississippi. novation. consumers. The Senator from Mississippi. Another issue that has come up dur- I would like to close by noting that Mr. COCHRAN. Madam President, ing debate on the Food and Drug Ad- while the Food and Drug Administra- Americans deserve continued access to ministration Revitalization Act is food tion Revitalization Act takes several safe and effective drugs which are ap- safety. Recent illnesses involving E. steps that will improve the agency’s proved by the Food and Drug Adminis- coli in spinach and lettuce, the disability to ensure the safety and effec- tration. A number of recent reports covery of Salmonella in peanut butter, tiveness of drugs and biologics, it is demonstrate that serious problems and the importation of unsafe pet food time that we begin to look at drugs in exist with products from other coun- ingredients from China illustrate the a new way. tries. The New York Times ran a front- continued vulnerability of the Amer- It is not enough that we have drugs page story yesterday about how coun- ican food supply and expose weakness that are effective—in order to reduce terfeit drugs contaminated with an in- in the FDA’s food safety program. overall health care costs, we need to dustrial solvent have poisoned hun- In the latest case, a chemical used in understand how these drugs are effec- dreds, if not thousands, of people plastic manufacturing was placed in tive in comparison to each other, in around the world. The toxic syrup has feed material from China, causing the order to assist providers and patients been involved in at least eight mass deaths of an unknown number of pets. make the best health care decisions. poisonings around the world in the past This chemical was also consumed by 2.7 While the Vioxx controversy high- two decades, and researchers estimate million chickens and 345 pigs that were lighted the need for additional safety thousands have died as a result. Most slaughtered for human consumption. protections, many of which are con- recently an epidemic of contaminated Our food system must be prepared to tained in the Food and Drug Adminis- cough syrup was traced back to coun- effectively prevent the chemicals found tration Revitalization Act, it also dem- terfeit medication from China. The in these animals from endangering the onstrates the role comparative effec- FDA last week issued a warning to U.S. health of consumers. tiveness can play in ensuring the use of consumers to be especially vigilant be- That is why I supported the inclusion the most appropriate treatment for a cause of the risk of the poison reaching of certain provisions in this bill to specific condition. I pushed for inclu- the United States. The New York begin to address many of the agency’s sion of comparative effectiveness stud- Times article is entitled ‘‘From China problems with food safety, as a prelude ies in the Medicare Modernization Act. to Panama, a Trail of Poisoned Medi- to overall committee action on this One of the first studies to be carried cine.’’ issue. out under this provision was a system- Counterfeit products, those that have I have long been concerned about the atic review of osteoarthritis drugs, in- been tampered with, or those of un- siloing of authority at the FDA and cluding Cox-2 drugs. If this information known origin, should not be brought Department of Agriculture, and I filed had been compiled earlier, it could into this country. an amendment to this bill which would have helped many evaluate whether to The amendment proposed by the Sen- establish a joint task force between the use these drugs, as opposed to other ator from North Dakota will put in FDA, U.S. Department of Agriculture, pain relievers, many of which are jeopardy the process we now have to

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD 11368 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 May 7, 2007 ensure the safety of prescription medi- ‘‘chemical country.’’ The counterfeit glyc- Manchurian city of Dalian, but their at- cations and protect the health of the erin passed through three trading companies tempts to visit the suspected manufacturer American people. on three continents, yet not one of them were repeatedly blocked by Chinese officials, I have offered a second degree amend- tested the syrup to confirm what was on the according to internal State Department label. Along the way, a certificate falsely at- records. Permission was granted more than a ment, with bipartisan support, that re- testing to the purity of the shipment was re- year later, but by then the plant had moved quires the Secretary of Health and peatedly altered, eliminating the name of and its records had been destroyed. Human Services to certify that the im- the manufacturer and previous owner. As a ‘‘Chinese officials we contacted on this portation of drug products will not result, traders bought the syrup without matter were all reluctant to become in- pose additional risks to Americans and knowing where it came from, or who made volved,’’ the American Embassy in Beijing will indeed lower costs to consumers. it. With this information, the traders might wrote in a confidential cable. ‘‘We cannot be have discovered—as The Times did—that the optimistic about our chances for success in We have had this issue before the tracking down the other possible glycerin Senate on several previous occasions. manufacturer was not certified to make pharmaceutical ingredients. shipments.’’ In all of these cases, the Senate has An examination of the two poisoning cases In fact, The Times found records showing adopted this certification amendment last year—in Panama and earlier in China— that the same Chinese company implicated overwhelmingly. Safeguards continue shows how China’s safety regulations have in the Haiti poisoning also shipped about 50 to be necessary and are even more im- lagged behind its growing role as low-cost tons of counterfeit glycerin to the United portant now considering the terrorist supplier to the world. It also demonstrates States in 1995. Some of it was later resold to how a poorly policed chain of traders in another American customer, Avatar Cor- threats we face. poration, before the deception was discov- I urge the Senate to again support country after country allows counterfeit medicine to contaminate the global market. ered. ‘‘Thank God we caught it when we this amendment. did,’’ said Phil Ternes, chief operating officer Last week, the United States Food and I ask unanimous consent that a copy of Avatar, a Chicago-area supplier of bulk Drug Administration warned drug makers pharmaceutical and nonmedicinal products. of the New York Times article to which and suppliers in the United States ‘‘to be es- The F.D.A. said it was unaware of the ship- I referred be printed in the RECORD. pecially vigilant’’ in watching for diethylene There being no objection, the mate- ment. glycol. The warning did not specifically men- In China, the government is vowing to rial was ordered to be printed in the tion China, and it said there was ‘‘no reason clean up its pharmaceutical industry, in part RECORD, as follows: to believe’’ that glycerin in this country was because of criticism over counterfeit drugs [From the New York Times, May 6, 2007] tainted. Even so, the agency asked that all flooding the world markets. In December, glycerin shipments be tested for diethylene two top drug regulators were arrested on FROM CHINA TO PANAMA, A TRAIL OF glycol, and said it was ‘‘exploring how sup- POISONED MEDICINE charges of taking bribes to approve drugs. In plies of glycerin become contaminated.’’ addition, 440 counterfeiting operations were (By Walt Bogdanich and Jake Hooker) China is already being accused by United closed down last year, the World Health Or- The kidneys fail first. Then the central States authorities of exporting wheat gluten ganization said. nervous system begins to misfire. Paralysis containing an industrial chemical, mel- But when Chinese officials investigated the spreads, making breathing difficult, then amine, that ended up in pet food and live- role of Chinese companies in the Panama often impossible without assistance. In the stock feed. The F.D.A recently banned im- deaths, they found that no laws had been end, most victims die. Many of them are ports of Chinese-made wheat gluten after it broken, according to an official of the na- children, poisoned at the hands of their was linked to pet deaths in the United tion’s drug enforcement agency. China’s drug unsuspecting parents. The syrupy poison, States. Beyond Panama and China, toxic regulation is ‘‘a black hole,’’ said one trader diethylene glycol, is an indispensable part of syrup has caused mass poisonings in Haiti, who has done business through CNSC For- the modern world, an industrial solvent and Bangladesh, Argentina, Nigeria and twice in tune Way, the Beijing-based broker that in- prime ingredient in some antifreeze. It is India. vestigators say was a crucial conduit for the also a killer. And the deaths, if not inten- In Bangladesh, investigators found poison Panama poison. tional, are often no accident. in seven brands of fever medication in 1992, In this environment, Wang Guiping, a tai- Over the years, the poison has been loaded but only after countless children died. A lor with a ninth-grade education and access into all varieties of medicine—cough syrup, Massachusetts laboratory detected the con- to a chemistry book, found it easy to enter fever medication, injectable drugs—a result tamination after Dr. Michael L. Bennish, a the pharmaceutical supply business as a mid- of counterfeiters who profit by substituting pediatrician who works in developing coun- dleman. He quickly discovered what others the sweet-tasting solvent for a safe, more ex- tries, smuggled samples of the tainted syrup had before him: that counterfeiting was a pensive syrup, usually glycerin, commonly out of the country in a suitcase. Dr. Bennish, simple way to increase profits. And then peo- used in drugs, food, toothpaste and other who investigated the Bangladesh epidemic ple in China began to die. products. Toxic syrup has figured in at least and helped write a 1995 article about it for CHEATING THE SYSTEM eight mass poisonings around the world in BMJ, formerly known as the British Medical Mr. Wang spent years as a tailor in the the past two decades. Researchers estimate Journal, said that given the amount of medi- manufacturing towns of the Yangtze Delta, that thousands have died. In many cases, the cation distributed, deaths ‘‘must be in the in eastern China. But he did not want to re- precise origin of the poison has never been thousands or tens of thousands.’’ main a common craftsman, villagers say. He determined. But records and interviews show ‘‘It’s vastly underreported,’’ Dr. Bennish set his sights on trading chemicals, a busi- that in three of the last four cases it was said of diethylene glycol poisoning. Doctors ness rooted in the many small chemical made in China, a major source of counterfeit might not suspect toxic medicine, particu- plants that have sprouted in the region. ‘‘He drugs. larly in poor countries with limited re- didn’t know what he was doing,’’ Mr. Wang’s Panama is the most recent victim. Last sources and a generally unhealthy popu- older brother, Wang Guoping, said in an year, government officials there unwittingly lation, he said, adding, ‘‘Most people who die interview. ‘‘He didn’t understand chemi- mixed diethylene glycol into 260,000 bottles don’t come to a medical facility.’’ The mak- cals.’’ But he did understand how to cheat of cold medicine—with devastating results. ers of counterfeit glycerin, which super- the system. Wang Guiping, 41, realized he Families have reported 365 deaths from the ficially looks and acts like the real thing but could earn extra money by substituting poison, 100 of which have been confirmed so generally costs considerably less, are rarely cheaper, industrial-grade syrup—not ap- far. With the onset of the rainy season, in- identified, much less prosecuted, given the proved for human consumption—for pharma- vestigators are racing to exhume as many difficulty of tracing shipments across bor- ceutical grade syrup. To trick pharma- potential victims as possible before bodies ders. ‘‘This is really a global problem, and it ceutical buyers, he forged his licenses and decompose even more. Panama’s death toll needs to be handled in a global way,’’ said laboratory analysis reports, records show. leads directly to Chinese companies that Dr. Henk Bekedam, the World Health Orga- Mr. Wang later told investigators that he made and exported the poison as 99.5 percent nization’s top representative in Beijing. figured no harm would come from the substi- pure glycerin. Seventy years ago, medicine laced with tution, because he initially tested a small Forty-six barrels of the toxic syrup arrived diethylene glycol killed more than 100 people quantity. He did it with the expertise of a via a poison pipeline stretching halfway in the United States, leading to the passage former tailor. He swallowed some of it. When around the world. Through shipping records of the toughest drug regulations of that era nothing happened, he shipped it. and interviews with government officials, and the creation of the modern Food and One company that used the syrup begin- The New York Times traced this pipeline Drug Administration. The F.D.A. has tried ning in early 2005 was Qiqihar No.2 Pharma- from the Panamanian port of Colo´ n, back to help in poisoning cases around the world, ceutical, about 1,000 miles away in through trading companies in Barcelona, but there is only so much it can do. When at Heilongjiang Province in the northeast. A Spain, and Beijing, to its beginning near the least 88 children died in Haiti a decade ago, buyer for the factory had seen a posting for Yangtze Delta in a place local people call F.D.A. investigators traced the poison to the Mr. Wang’s syrup on an industry Web site.

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 11369 After a while, Mr. Wang set out to find an arms and chest, sometimes causing total pa- blood pressure. About half had been given even cheaper substitute syrup so he could in- ralysis and an inability to breathe. Lisinopril, a blood pressure medicine distrib- crease his profit even more, according to a The new patients had paralysis, but it did uted by the public health system. But many Chinese investigator. In a chemical book he not spread upward. They also quickly lost who did not receive Lisinopril still got sick. found what he was looking for: another odor- their ability to urinate, a condition not asso- On the chance that those patients might less syrup—diethylene glycol. At the time, it ciated with Guillain-Barre´. Even more un- have forgotten that they had taken the drug, sold for 6,000 to 7,000 yuan a ton, or about usual was the number of cases. In a full year, doctors pulled Lisinopril from pharmacy $725 to $845, while pharmaceutical-grade doctors might see eight cases of Guillain- shelves—only to return it after tests found syrup cost 15,000 yuan, or about $1,815, ac- Barre´, yet they saw that many in just two nothing wrong. Investigators would later dis- cording to the investigator. weeks. Doctors sought help from an infec- cover that Lisinopril did play an important, Mr. Wang did not taste-test this second tious disease specialist, Nestor Sosa, an in- if indirect role in the epidemic, but not in batch of syrup before shipping it to Qiqihar tense, driven doctor who competes in the way they had imagined. Pharmaceutical, the government investi- triathlons and high-level chess. A MAJOR CLUE gator said, adding, ‘‘He knew it was dan- Dr. Sosa’s medical specialty had a long, One patient of particular interest to Dr. gerous, but he didn’t know that it could rich history in Panama, once known as one Sosa came into the hospital with a heart at- kill.’’ of the world’s unhealthiest places. In one tack, but no Guillain-Barre´-type symptoms. The manufacturer used the toxic syrup in year in the late 1800s, a lethal mix of yellow While undergoing treatment, the patient re- five drug products: ampules of Amillarisin A fever and malaria killed nearly 1 in every 10 ceived several drugs, including Lisinopril. for gall bladder problems; a special enema residents of Panama City. Only after the After a while, he began to exhibit the same fluid for children; an injection for blood ves- United States managed to overcome those neurological distress that was the hallmark sel diseases; an intravenous pain reliever; mosquito-borne diseases was it able to build of the mystery illness. ‘‘This patient is a and an arthritis treatment. the Panama Canal without the devastation major clue,’’ Dr. Sosa recalled saying. ‘‘This In April 2006, one of southern China’s finest that undermined an earlier attempt by the is not something environmental, this is not hospitals, in Guangzhou, Guangdong Prov- French. The suspected Guillain-Barre´ cases a folk medicine that’s been taken by the pa- ince, began administering Amillarisin A. worried Dr. Sosa. ‘‘It was something really tients at home. This patient developed the Within a month or so, at least 18 people had extraordinary, something that was obviously disease in the hospital, in front of us.’’ Soon died after taking the medicine, though some reaching epidemic dimensions in our hos- after, another patient told Dr. Sosa that he, had already been quite sick. pital,’’ he said. Zhou Jianhong, 33, said his father took his too, developed symptoms after taking With the death rate from the mystery ill- Lisinopril, but because the medicine made first dose of Amillarisin A on April 19. A ness near 50 percent, Dr. Sosa alerted the week later he was in critical condition. ‘‘If him cough, he also took cough syrup—the hospital management, which asked him to same syrup, it turned out, that had been you are going to die, you want to die at set up and run a task force to handle the sit- home,’’ Mr. Zhou said. ‘‘So we checked him given to the heart patient. ‘‘I said this has uation. The assignment, a daunting around- got to be it,’’ Dr. Sosa recalled. ‘‘We need to out of the hospital.’’ He died the next day. the-clock dash to catch a killer, was one he ‘‘Everybody wants to invest in the pharma- investigate this cough syrup.’’ The cough eagerly embraced. Several years earlier, Dr. medicine had not initially aroused much sus- ceutical industry and it is growing, but the Sosa had watched as other doctors identified regulators can’t keep up,’’ Mr. Zhou said. picion because many victims did not remem- the cause of another epidemic, later identi- ber taking it. ‘‘Twenty-five percent of those ‘‘We need a system to assure our safety.’’ fied as hantavirus, a pathogen spread by in- The final death count is unclear, since some people affected denied that they had taken fected rodents. ‘‘I took care of patients but I cough syrup, because it’s a nonevent in their people who took the medicine may have died somehow felt I did not do enough,’’ he said. in less populated areas. lives,’’ Dr. Motta said. The next time, he vowed, would be different. Investigators from the United States Cen- In a small town in Sichuan Province, a Dr. Sosa set up a 24–hour ‘‘war room’’ in the ters for Disease Control and Prevention, who man named Zhou Lianghui said the authori- hospital, where doctors could compare notes were in Panama helping out, quickly put the ties would not acknowledge that his wife had and theories as they scoured medical records bottles on a government jet and flew them to died from taking tainted Amillarisin A. But for clues. As a precaution, the patients with the United States for testing. The next day, Mr. Zhou, 38, said he matched the identifica- the mystery illness were segregated and Oct. 11, as Panamanian health officials were tion number on the batch of medicine his placed in a large empty room awaiting ren- attending a news conference, a Blackberry in wife received with a warning circular distrib- ovation. Health care workers wore masks, the room went off. The tests, the C.D.C. was uted by drug officials. ‘‘You probably cannot heightening fears in the hospital and the reporting, had turned up diethylene glycol in understand a small town if you are in Bei- community. the cough syrup. The mystery had been jing,’’ Zhou Lianghui said in a telephone ‘‘That spread a lot of panic,’’ said Dr. Jorge solved. The barrels labeled glycerin turned interview. ‘‘The sky is high, and the emperor Motta, a cardiologist who runs the Gorgas out to contain poison. is far away. There are a lot of problems here Memorial Institute, a widely respected med- Dr. Sosa’s exhilaration at learning the that the law cannot speak to.’’ ical research center in Panama. ‘‘That is al- cause did not last long. ‘‘It’s our medication The failure of the government to stop poi- ways a terrifying thought, that you will be that is killing these people,’’ he said he son from contaminating the drug supply the epicenter of a new infectious disease, and thought. ‘‘It’s not a virus, it’s not something caused one of the bigger domestic scandals of especially a new infectious disease that kills that they got outside, but it was something the year. Last May, China’s premier, Wen with a high rate of death, like this.’’ Mean- we actually manufactured.’’ Jiabao, ordered an investigation of the while, patients kept coming, and hospital A nationwide campaign was quickly begun deaths, declaring, ‘‘The pharmaceutical mar- personnel could barely keep up. ‘‘I ended up to stop people from using the cough syrup. ket is in disorder.’’ giving C.P.R.,’’ Dr. Sosa said. ‘‘I haven’t Neighborhoods were searched, but thousands At about the same time, 9,000 miles away given C.P.R. since I was a resident, but there of bottles either had been discarded or could in Panama, the long rainy season had begun. were so many crises going on.’’ Frightened not be found. As the search wound down, two Anticipating colds and coughs, the govern- hospital patients had to watch others around major tasks remained: count the dead and ment health program began manufacturing them die for reasons no one understood, fear- assign blame. Neither has been easy. A pre- cough and antihistamine syrup. The cough ing that they might be next. As reports of cise accounting is all but impossible because, medicine was sugarless so that even dia- strange Guillain-Barre´ symptoms started medical authorities say, victims were buried betics could use it. The medicine was mixed coming in from other parts of the country, before the cause was known, and poor pa- with a pale yellow, almost translucent syrup doctors realized they were not just dealing tients might not have seen doctors. Another that had arrived in 46 barrels from Barcelona with a localized outbreak. problem is that finding traces of diethylene on the container ship Tobias Maersk. Ship- Pascuala Pe´rez de Gonza´ lez, 67, sought glycol in decomposing bodies is difficult at ping records showed the contents to be 99.5 treatment for a cold at a clinic in Cocle´ best, medical experts say. Nonetheless, an percent pure glycerin. It would be months Province, about a three-hour drive from Pan- Argentine pathologist who has studied and many deaths later before that certifi- ama City. In late September she was treated diethylene glycol poisonings helped develop cation was discovered to be pure fiction. and sent home. Within days, she could no a test for the poison in exhumed bodies. A MYSTERIOUS ILLNESS longer eat; she stopped urinating and went Seven of the first nine bodies tested showed Early last September, doctors at Panama into convulsions. A decision was made to traces of the poison, Panamanian authorities City’s big public hospital began to notice pa- take her to the public hospital in Panama said. tients exhibiting unusual symptoms. They City, but on the way she stopped breathing With the rainy season returning, though, initially appeared to have Guillain-Barre´ and had to be resuscitated. She arrived at the exhumations are about to end. Dr. Jose´ syndrome, a relatively rare neurological dis- the hospital in a deep coma and later died. Vicente Pachar, director of Panama’s Insti- order that first shows up as a weakness or Medical records contained clues but also tute of Legal Medicine and Forensic tingling sensation in the legs. That weakness plenty of false leads. Early victims tended to Sciences, said that as a scientist he would often intensifies, spreading upward to the be males older than 60 and diabetic with high like a final count of the dead. But he added,

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD 11370 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 May 7, 2007 ‘‘I should accept the reality that in the case ceutical Excipients Council. In this case, white sedan was a bankbook and cash. He of Panama we are not going to know the that was not done. had fled without his wife and teenage son. exact number.’’ Fortune Way translated the certificate Chinese patients were dead, a political Local prosecutors have made some arrests into English, putting its name—not the scandal was brewing and the authorities and are investigating others connected to Taixing Glycerine Factory’s—at the top of wanted answers. Mr. Wang was taken to a the case, including officials of the import the document, before shipping the barrels to hospital. Then, in long sessions with inves- company and the government agency that a second trading company, this one in Bar- tigators, he gave them what they wanted, ex- mixed and distributed the cold medicine. celona. Li Can, managing director at For- plaining his scheme, how he tested industrial ‘‘Our responsibilities are to establish or dis- tune Way, said he did not remember the syrup by drinking it, how he decided to use cover the truth,’’ said Dimas Guevara, the transaction and could not comment, adding, diethylene glycol and how he conned phar- homicide investigator guiding the inquiry. ‘‘There is a high volume of trade.’’ Upon re- maceutical companies into buying his syrup, But prosecutors have yet to charge anyone ceiving the barrels in September 2003, the according to a government official who was with actually making the counterfeit glyc- Spanish company, Rasfer International, did present for his interrogation. ‘‘He made a erin. And if the Panama investigation not test the contents, either. It copied the fortune, but none of it went to his family,’’ unfolds as other inquiries have, it is highly chemical analysis provided by Fortune Way, said Wang Xiaodong, a former village official unlikely that they ever will. then put its logo on it. Ascension Criado, who knows Mr. Wang and his siblings. ‘‘He A SUSPECT FACTORY Rasfer’s manager, said in an e-mail response liked to gamble.’’ Panamanians wanting to see where their to written questions that when Fortune Way Mr. Wang remains in custody as the au- toxic nightmare began could look up the Web shipped the syrup, it did not say who made thorities decide whether he should be put to site of the company in Hengxiang, China, it. Several weeks later, Rasfer shipped the death. The Qiqihar drug plant that made the that investigators in four countries have drums to a Panamanian broker, the Medicom poisonous medicine has been closed, and five identified as having made the syrup—the Business Group. ‘‘Medicom never asked us employees are now being prosecuted for Taixing Glycerine Factory. There, under the for the name of the manufacturer,’’ Ms. causing ‘‘a serious accident.’’ In contrast to words ‘‘About Us,’’ they would see a picture Criado said. the Wang Guiping investigation, Chinese au- ´ ´ of a modern white building nearly a dozen A lawyer for Medicam, Valentın Jaen, said thorities have been tentative in acknowl- stories tall, adorned by three arches at the his client was a victim, too. ‘‘They were edging China’s link to the Panama tragedy, ´ entrance. The factory, the Web site boasts, tricked by somebody,’’ Mr. Jaen said. ‘‘They which involved a state-owned trading com- ‘‘can strictly obey the contract and keep its operated in good faith.’’ In Panama, the bar- pany. No one in China has been charged with word.’’ But like the factory’s syrup, all is not rels sat unused for more than two years, and committing the fraud that ended up killing as it seems. officials said Medicam improperly changed so many in Panama. There are no tall buildings in Hengxiang, a the expiration date on the syrup. During Sun Jing, the pharmaceutical program of- country town with one main road. The fac- that time, the company never tested the ficer for the World Health Organization in tory is not certified to sell any medical in- product. And the Panamanian government, Beijing, said the health agency sent a fax ‘‘to gredients, Chinese officials say. And it looks which bought the 46 barrels and used them to remind the Chinese government that China nothing like the picture on the Internet. In make cold medicine, also failed to detect the should not be selling poisonous products reality, its chemicals are mixed in a plain, poison, officials said. The toxic pipeline ulti- overseas.’’ Ms. Sun said the agency did not one-story brick building. The factory is in a mately emptied into the bloodstream of peo- receive an official reply. walled compound, surrounded by small shops ple like Ernesto Osorio, a former high school Last fall, at the request of the United and farms. In the spring, nearby fields of teacher in Panama City. He spent two States—Panama has no diplomatic relations rape paint the countryside yellow. Near the months in the hospital after ingesting poison with China—the State Food and Drug Ad- front gate, a sign over the road warns, ‘‘Be- cough syrup last September. ministration of China investigated the ware of counterfeits.’’ But it was posted by a Just before Christmas, after a kidney di- Taixing Glycerine Factory and Fortune Way. nearby noodle machine factory that appears alysis treatment, Mr. Osorio stood outside The agency tested one batch of glycerin from to be worried about competition. The the city’s big public hospital in a tear-splat- the factory, and found no glycerin, only Taixing Glycerine Factory bought its tered shirt, describing what his life had be- diethylene glycol and two other substances, diethylene glycol from the same manufac- come. ‘‘I’m not an eighth of what I used to a drug official said. Since then, the Chinese turer as Mr. Wang, the former tailor, the be,’’ Mr. Osorio said, his partly paralyzed drug administration has concluded that it government investigator said. From this face hanging like a slab of meat. ‘‘I have has no jurisdiction in the case because the spot in China’s chemical country, the 46 bar- trouble walking. Look at my face, look at factory is not certified to make medicine. rels of toxic syrup began their journey, pass- my tears.’’ The tears, he said apologetically, The agency reached a similar conclusion ing from company to company, port to port were not from emotion, but from nerve dam- about Fortune Way, saying that as an ex- and country to country, apparently without age. And yet, Mr. Osorio knows he is one of porter it was not engaged in the pharma- anyone testing their contents. the lucky victims. ‘‘They didn’t know how to ceutical business. ‘‘We did not find any evi- Traders should be thoroughly familiar with keep the killer out of the medicine,’’ he said dence that either of these companies had their suppliers, United States health offi- simply. broken the law,’’ said Yan Jiangying, a cials say. ‘‘One simply does not assume that While the suffering in Panama was great, spokeswoman for the drug administration. what is labeled is indeed what it is,’’ said Dr. the potential profit—at least for the Spanish ‘‘So a criminal investigation was never Murray Lumpkin, deputy commissioner for trading company, Rasfer—was surprisingly opened.’’ international and special programs for the small. For the 46 barrels of glycerin, Rasfer A drug official said the investigation was Food and Drug Administration. In the Pan- paid Fortune Way $9,900, then sold them to subsequently handed off to an agency that ama Case, names of suppliers were removed Medicom for $11,322, according to records. tests and certifies commercial products—the from shipping documents as they passed Chinese authorities have not disclosed how General Administration of Quality Super- from one entity to the next, according to much Fortune Way and the Taixing Glyc- vision, Inspection and Quarantine. But the records and investigators. That is a practice erine Factory made on their end, or how agency acted surprised to learn that it was some traders use to prevent customers from much they knew about what was in the bar- now in charge. ‘‘What investigation?’’ asked bypassing them on future purchases, but it rels. Wang Jian, director of its Taixing branch. ‘‘The fault has to be traced back to areas also hides the provenance of the product. ‘‘I’m not aware of any investigation involv- of production,’’ said Dr. Motta, the cardiolo- The first distributor was the Beijing trading ing a glycerin factory.’’ Besides, Huang gist in Panama who helped uncover the company, CNSC Fortune Way, a unit of a Tong, an investigator in that office, said, source of the epidemic. ‘‘This was my plea— state-owned business that began by sup- ‘‘We rarely get involved in products that are please, this thing is happening to us, make plying goods and services to Chinese per- sold for export. ‘‘ Wan Qigang, the legal rep- sure whoever did this down the line is not sonnel and business officials overseas. resentative for the Taixing Glycerine Fac- As China’s market reach expanded, For- doing it to Peru or Sierra Leone or some tory, said in an interview late last year that tune Way focused its business on pharma- other place.’’ the authorities had not questioned him ceutical ingredients, and in 2003, it brokered A COUNTERFEITER’S CONFESSION about the Panama poisoning, and that his the sale of the suspect syrup made by the The power to prosecute the counterfeiters company made only industrial-grade glyc- Taixing Glycerine Factory. The manufactur- is now in the hands of the Chinese. Last erin. ‘‘I can tell you for certain that we have er’s certificate of analysis showed the batch spring, the government moved quickly no connection with Panama or Spain,’’ Mr. to be 99.5 percent pure. Whether the Taixing against Mr. Wang, the former tailor who Wan said. But in recent months, the Glyc- Glycerine Factory actually performed the poisoned Chinese residents. The authorities erine Factory has advertised 99.5 percent test has not been publicly disclosed. Original caught up with him at a roadblock in pure glycerin on the Internet. certificates of analysis should be passed on Taizhou, a city just north of Taixing, in Mr. Wan recently declined to answer any to each new buyer, said Kevin J. McGlue, a chemical country. He was weak and sick, and more questions. ‘‘If you come here as a board member of the International Pharma- he had not eaten in two days. Inside his guest, I will welcome you,’’ Mr. Wan said.

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 11371 ‘‘But if you come again wanting to talk an amendment that will void anything Inouye Pryor Stabenow about this matter, I will make a telephone that is in the bipartisan legislation we Klobuchar Reid Thune call.’’ A local government official said Mr. Kohl Sanders Vitter have offered to try to make imported Leahy Schumer Wan was told not to grant interviews. A five- Webb drugs, FDA-approved drugs, at a lower Levin Sessions minute walk away, another manufacturer, Whitehouse price available to American consumers. Lott Shelby Wyden the Taixing White Oil Factory, also adver- McCaskill Smith tises medical glycerin on the Internet, yet it, All Senator COCHRAN described would Nelson (FL) Snowe be dealt with by the safety amend- too, has no authorization to make it. The NOT VOTING—11 company’s Web site says its products have ments in our amendment. If his amend- been exported to America, Australia and ment prevails, none of the safety Allard Ensign Obama Italy.’’ Biden Inhofe Reed issues—pedigree, certification, anti- Brownback Johnson Tester Ding Xiang, who represents the White Oil counterfeiting—in our amendment will Dodd McCain Factory, denied that his company made survive. That is the problem. If we pharmaceutical-grade glycerin, but he said The amendment (No. 1010) was agreed chemical trading companies in Beijing often stand with the American people who to. called, asking for it. ‘‘They want us to mark want lower drug prices—a safe drug Mr. COCHRAN. Madam President, I the barrels glycerin,’’ Mr. Ding said in late supply, FDA approved—and believe move to reconsider the vote, and I December. ‘‘I tell them we cannot do that.’’ they should not be paying the highest move to lay that motion on the table. Mr. Ding said he stopped answering calls prices in the world, vote against the The motion to lay on the table was from Beijing. ‘‘If this stuff is taken overseas Cochran amendment and for the under- agreed to. and improperly used. . . .’’ He did not com- lying Dorgan-Snowe amendment. The PRESIDING OFFICER. The Sen- plete the thought. In chemical country, The PRESIDING OFFICER. Under ator from Massachusetts. product names are not always what they Mr. KENNEDY. Madam President, I seem. ‘‘The only two factories in Taixing the previous order, the question is on that make glycerin don’t even make glyc- agreeing to amendment No. 1010. request that the next vote be a 10- erin,’’ said Jiang Peng, who oversees inspec- Mr. KENNEDY. I ask for the yeas and minute vote. tions and investigations in the Taixing nays. The PRESIDING OFFICER. That re- branch of the State Food and Drug Adminis- The PRESIDING OFFICER. Is there a quest has been granted. tration. ‘‘It is a different product.’’ sufficient second? AMENDMENT NO. 990 ALL IN A NAME There appears to be a sufficient sec- The PRESIDING OFFICER. Under One lingering mystery involves the name ond. the previous order, there will be 2 min- of the product made by the Taixing Glyc- The clerk will call the roll. utes for debate, equally divided, on erine Factory. The factory had called its The legislative clerk called the roll. amendment No. 990, offered by the Sen- syrup ‘‘TD’’ glycerin. The letters TD were in ator from North Dakota, as amended. Mr. DURBIN. I announce that the virtually all the shipping documents. What Who yields time? did TD mean? Senator from Delaware (Mr. BIDEN), Since no one yields time, time will be Spanish medical authorities concluded the Senator from Connecticut (Mr. that it stood for a manufacturing process. equally charged to both sides. DODD), the Senator from South Dakota Mr. KENNEDY. Madam President, we Chinese inspectors thought it was the manu- (Mr. JOHNSON), the Senator from Illi- facturer’s secret formula. But Yuan Kailin, a yield back the remaining time, all nois (Mr. OBAMA), the Senator from former salesman for the factory, said he time. knew what the TD meant because a friend Rhode Island (Mr. REED), and the Sen- The PRESIDING OFFICER. Without and former manager of the factory, Ding ator from Montana (Mr. TESTER) are objection, it is so ordered. Yuming, had once told him. TD stood for the necessarily absent. Mr. KENNEDY. I think we are ready Chinese word ‘‘tidai’’ (pronounced tee-die), Mr. LOTT. The following Senators to voice vote. said Mr. Yuan, who left his job in 1998 and are necessarily absent: the Senator The PRESIDING OFFICER. The still lives about a mile from the factory. In from Colorado (Mr. ALLARD), the Sen- question is on agreeing to amendment Chinese, tidai means substitute. A clue that ator from Kansas (Mr. BROWNBACK), the No. 990, as amended. might have revealed the poison, the counter- Senator from Nevada (Mr. ENSIGN), the feit product, was hiding in plain sight. It was The amendment (No. 990), as amend- in the product name. Senator from Oklahoma (Mr. INHOFE), ed, was agreed to. and the Senator from Arizona (Mr. Mr. REID. Madam President, I move Mr. KENNEDY. Madam President, if MCCAIN). to reconsider the vote. I could have the attention of the Sen- Further, if present and voting, the Mr. NELSON of Florida. I move to ate, I was going to ask consent about a Senator from Oklahoma (Mr. INHOFE) lay that motion on the table. managers’ amendment. Is it the inten- would have voted ‘‘yea.’’ The motion to lay on the table was tion of the Senator from North Dakota agreed to. to object? The result was announced—yeas 49, nays 40, as follows: Mr. KENNEDY. Madam President, I Mr. DORGAN. Am I to be recognized ask unanimous consent that the man- [Rollcall Vote No. 151 Leg.] for 1 minute at this point? agers’ amendments be agreed to en Mr. COCHRAN. Madam President, YEAS—49 bloc. point of order: What is the order? Alexander Domenici McConnell The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The Baucus Enzi Menendez objection? order is 2 minutes of debate equally di- Bayh Graham Mikulski Bennett Gregg Murkowski Mr. DORGAN. Madam President, re- vided. Bond Hagel Murray serving the right to object, we received Mr. COCHRAN. One minute is con- Bunning Hatch Nelson (NE) the managers’ amendment about 30 sumed so that is all that remains; is Burr Hutchison Roberts minutes ago and I am still reviewing Cantwell Isakson Rockefeller that correct? Carper Kennedy some of the amendments. I object at Salazar The PRESIDING OFFICER. The Sen- Chambliss Kerry Specter this point. Coburn Kyl ator is correct. Stevens The PRESIDING OFFICER. Objec- Mr. DORGAN. The Senator’s point is Cochran Landrieu Coleman Lautenberg Sununu tion is heard. I am entitled to 1 minute. Corker Lieberman Thomas Under the previous order, there will The PRESIDING OFFICER. The Sen- Cornyn Lincoln Voinovich be 2 minutes for debate equally divided ator is entitled to 1 minute. Crapo Lugar Warner prior to the vote on the motion to in- Dole Martinez Mr. KENNEDY. I yield a minute to voke cloture on the substitute amend- the Senator from North Dakota. NAYS—40 ment to S. 1082. Mr. DORGAN. Madam President, I Akaka Casey Dorgan Who yields time? rise in opposition to the Cochran Bingaman Clinton Durbin Mr. BYRD. May we have order. May amendment. The Cochran amendment Boxer Collins Feingold we have order. Brown Conrad Feinstein has been law since 2003. The Secretary Byrd Craig Grassley The PRESIDING OFFICER. The Sen- cannot certify as a result of it. So it is Cardin DeMint Harkin ate will be in order.

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD 11372 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 May 7, 2007 Mr. KENNEDY. Madam President, CLOTURE MOTION Specter Thomas Whitehouse Stabenow Thune Wyden again, I thank all of the membership The PRESIDING OFFICER. Under Stevens Voinovich for their cooperation. We have been on the previous order and pursuant to rule Sununu Warner this legislation for 1 week. We believe XXII, the Chair lays before the Senate NAYS—8 we have a managers’ amendment which the pending cloture motion, which the Casey Grassley Vitter reflects the best judgment of Senator clerk will state. DeMint Sanders Webb ENZI and myself and we will offer that The assistant legislative clerk read Dorgan Snowe at the appropriate time. I mentioned as follows: NOT VOTING—10 earlier during the debate and discus- CLOTURE MOTION Allard Ensign Obama sion, the essence of the managers’ We, the undersigned Senators, in accord- Biden Inhofe Tester amendment. I think we probably have ance with the provisions of rule XXII of the Brownback Johnson possibly two more votes that might re- Standing Rules of the Senate, hereby move Dodd McCain quire rollcall votes and then we would to bring to a close debate on the committee The PRESIDING OFFICER. On this go to final passage. I think we have substitute amendment, as modified, to S. question, the yeas are 82, the nays are broad support for this legislation which 1082, the FDA Revitalization bill. 8. Three-fifths of the Senators duly is so essential if we are going to bring Ted Kennedy, Dick Durbin, Byron L. chosen and sworn having voted in the the FDA into the 21st century, and if Dorgan, B.A. Mikulski, Patty Murray, affirmative, the motion is agreed to. Claire McCaskill, Amy Klobuchar, we are going to assure safety for the Sherrod Brown, Jack Reed, Herb Kohl, Mr. KENNEDY. Madam President, as prescription drugs our families take, Charles Schumer, Christopher Dodd, far as I know, on this side, I think we insist on a safe food supply, and ensure Barbara Boxer, Bill Nelson, Jeff Binga- have one amendment. We are inquiring that the FDA has the best in terms of man, Debbie Stabenow. of the Senator to see whether it will be science. The PRESIDING OFFICER. By unan- offered. I think Senator ENZI can speak I again thank my friend and col- imous consent, the mandatory quorum for the other side. We still have to league from Wyoming. I hope we can call has been waived. work through the managers’ amend- get a strong vote in favor of this bill. The question is, Is it the sense of the ment. I want to make it very clear that Mr. BYRD. Madam President, may Senate that debate on the committee we are glad to get into the details of all we have order. substitute amendment to S. 1082, as that. I tried to summarize the man- The PRESIDING OFFICER. Could we modified, shall be brought to a close? agers’ amendment. It involves a great please have order. The yeas and nays are mandatory many ideas from our side of the aisle. Mr. BYRD. Would the Senator mind under the rule. So, hopefully, we will be able to move saying that again, please. The clerk will call the roll. that process. Mr. KENNEDY. Madam President, 30 I know Members want to know how The legislative clerk called the roll. seconds. I was reminding the member- we are going to proceed now through Mr. DURBIN. I announce that the ship, as the Senator from West Vir- the afternoon. We have good attend- Senator from Delaware (Mr. BIDEN), ginia knows, this bill is going to ensure ance, and we would like to at least give the Senator from Connecticut (Mr. the safety of our pharmaceutical prod- the membership an idea about how we DODD), the Senator from South Dakota ucts. It is going to ensure the safety of are going to proceed. We have been on (Mr. JOHNSON), the Senator from Illi- our food products. It is going to insist this legislation now for a week, and we nois (Mr. OBAMA), and the Senator that the FDA promote the latest in have made very good progress. I think from Montana (Mr. TESTER) are nec- terms of science. We need to push the the vote on cloture demonstrates the essarily absent. FDA into the 21st century, and this strong support for this underlying leg- Mr. LOTT. The following Senators legislation will do it. islation. are necessarily absent: the Senator The PRESIDING OFFICER. Who We would like to move this legisla- from Colorado (Mr. ALLARD), the Sen- yields time? tion in a timely way and not delay it The Senator from North Dakota is ator from Kansas (Mr. BROWNBACK), the needlessly. So we will inquire of our recognized. Senator from Nevada (Mr. ENSIGN), the colleagues further—if they have Mr. DORGAN. Madam President, I Senator from Oklahoma (Mr. INHOFE), amendments, hopefully, they will let am all for pulling or pushing the FDA and the Senator from Arizona (Mr. us know. Hopefully, we will have the into whatever century we determine at MCCAIN). opportunity to deal with the managers’ this point. I only pointed out that I Further, if present and voting, the amendment in a timely way. It would wish to review some of the managers’ Senator from Oklahoma (Mr. INHOFE) be unfortunate if we did not, since we package that deals with ginseng, baby would have voted ‘‘nay.’’ have given assurance to Members on turtles, tanning beds, and more, and I The yeas and nays resulted—yeas 82, both sides of the aisle and worked long want a bit of time—and perhaps others nays 8, as follows: and hard with them to try to get this would if they don’t know these amend- [Rollcall Vote No. 152 Leg.] through. Obviously, any Senator is en- ments exist—to take a look at the YEAS—82 titled to review the managers’ amend- amendments. Akaka Craig Levin ment. We are getting very close to the The PRESIDING OFFICER. The Sen- Alexander Crapo Lieberman point where we are prepared to move ator from Wyoming is recognized. Baucus Dole Lincoln Bayh Domenici Lott along with this legislation. This would Mr. ENZI. Madam President, on our Bennett Durbin Lugar seriously compromise a lot of col- side of the aisle I do appreciate the tre- Bingaman Enzi Martinez leagues who voted with the assurance mendous amount of effort Senator Bond Feingold McCaskill that we were going to move ahead. We Boxer Feinstein McConnell KENNEDY and his staff and many others Brown Graham Menendez are more than delighted to get into the on the other side of the aisle who have Bunning Gregg Mikulski description of these various amend- worked with those of us on this side of Burr Hagel Murkowski ments and explain why we have rec- the aisle to get particularly the major Byrd Harkin Murray Cantwell Hatch Nelson (FL) ommended them. I hope we will not concerns that were brought up during Cardin Hutchison Nelson (NE) have delay for delay’s sake, but that the markup in committee taken care Carper Inouye Pryor we will find a way to move forward. of. There are tremendous amounts of Chambliss Isakson Reed The PRESIDING OFFICER. The Sen- Clinton Kennedy Reid things in here both sides have worked Coburn Kerry Roberts ator from Tennessee is recognized. on and in some cases come up with a Cochran Klobuchar Rockefeller Mr. ALEXANDER. Madam President, third way of doing it. I think we are on Coleman Kohl Salazar I ask the managers through the Chair— the right track here. The product will Collins Kyl Schumer I have about a 10-minute speech on an- Conrad Landrieu Sessions make a huge difference in the bill, and Corker Lautenberg Shelby other subject I would like to make at I hope we can move forward. Cornyn Leahy Smith an appropriate time. I don’t want to

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 11373 interfere with the progress of the bill. whether to become more secular or the workplace, on the computer, and in I ask the Chair whether now would be more Muslim, struggling with what to international affairs. an appropriate time or whether they do about its Kurdish minority. Ger- A century ago, many American com- would like me to wait. mans are struggling to absorb Turkish panies and private associations led an Mr. KENNEDY. Madam President, I workers. Italians are establishing agen- effort to Americanize new immigrants. think it would be appropriate for the cies to help new Muslim residents ‘‘feel They taught their employees English Senator to speak now. I thank him for Italian.’’ Three alienated British citi- and the National Anthem. Today, the his courtesy. zens, children of Pakistani immigrants, EEOC is suing the Salvation Army for Mr. ALEXANDER. Madam President, blew up a London subway 2 years ago. doing the very same thing, insisting I ask unanimous consent to speak for The children of disaffected Muslim im- that its employees learn and speak this up to 10 minutes as in morning busi- migrants in France burned cars during country’s common language. ness. that country’s elections this weekend, According to an article that appeared The PRESIDING OFFICER. Without a small echo of much larger riots 2 today in USA Today: objection, it is so ordered. years ago. The number of charges filed with the Fed- ENGLISH: OUR NATIONAL LANGUAGE We Americans are rightly proud of eral Equal Employment Opportunity Com- Mr. ALEXANDER. Madam President, our diversity. But Iraq and Jerusalem mission (EEOC) alleging discrimination at the end of March, the U.S. Equal and the Balkans are also diverse. based on such English-only policies is . . . Employment Opportunity Commission America’s greatest accomplishment is six times as large as 10 years ago, [growing] sued the Salvation Army for allegedly not our magnificent diversity. Our from 32 charges in 1996 to about 200 in 2006. discriminating against two of the Sal- greatest accomplishment is that we This is not only an astonishing waste vation Army’s employees in a Boston- have united that diversity into one of the EEOC’s time and taxpayers’ area thrift store by requiring them to country. money—the EEOC has a backlog of speak English on the job. This lawsuit Our original national motto inscribed 56,000 cases—but it is also contrary to means that every business in America, in the wall right above the Presiding everything we know about the impor- from the shoe shop to Wal-Mart, will Officer’s chair is ‘‘One from Many,’’ not tance of achieving unity in our coun- need to hire lawyers to prove it has a ‘‘Many from One.’’ try. legitimate business purpose if that Most nations unite around ancestry Speaking English is not a punitive business wants to require employees to or race, making it hard for newcomers. requirement; it is a requirement to speak our national language while at Imagine ‘‘becoming Japanese’’ or ‘‘be- help us communicate with one another. work. coming German.’’ In other words, the A 9–1–1 telephone call isn’t of much I asked the chair of the EEOC in United States Constitution says race help to a Chinese-speaking person if what language she holds staff meet- or ancestry can have nothing to do the employee answering the phone ings. She said, in English. with someone becoming an American. speaks only Spanish. We conduct Senate debates in Instead, American unity is based upon In this case, the Salvation Army English. ideas, principles found in our founding posted its requirements that employees Since 1906, no immigrant has been documents—such as liberty, equal op- in thrift stores speak English. The two able to become an American citizen portunity, and the rule of law. New employees in question had worked for without first learning English. At citizens must, therefore, pass an exam, the Salvation Army for 5 years. They Hillsboro High School in Nashville, which was recently improved, about were then given an extra year to learn where my daughter graduated, stu- the Declaration of Independence, our English. When they didn’t, they were dents speak 28 native languages, but Constitution, and United States his- let go. classes are conducted in English. tory. I intend to introduce legislation to Federal law requires that all children The first Europeans in America were put an end to these lawsuits by making in public schools be tested in English, French and Spanish, but our cultural it clear that requiring employees to and that if they do not know English, beginnings and primary institutions speak English is not illegal discrimina- they must learn it as soon as possible. and laws were Protestant and English. tion as long as the policy is clearly Over the last 40 years, I have voted So English became the way Americans posted. for or supported, I believe, almost of many backgrounds communicated More than that, I can think of noth- every civil rights or anti-discrimina- with one another. ing that would be more in our national tion law that has been offered. But in In the 20th century, according to the interest than helping anyone in our America, requiring English in the late president of the American Federa- country learn our common language. workplace is not discrimination; it is tion of Teachers, Albert Shanker, That is why later this month, when the common sense. More important, it is American common—or public—schools immigration legislation comes to the our common language. Our common were created primarily to help immi- floor, I will introduce again my amend- language helps unite the diversity in grant children learn arithmetic and to ment that the Senate adopted last year this Nation of immigrants. read and write in English with the hope giving every adult immigrant a $500 That is why, during the debate on that they would go home and teach voucher to receive English instruction immigration a year ago, the Senate their parents. Then, in 1906, all new and allowing those immigrants who adopted my proposals: First, to provide citizens were required to know English. want to become citizens to do that in 4 $500 grants to help prospective citizens That has turned out to be a fortunate years instead of 5 if they become pro- learn basic English; second, to allow choice. English has also become a uni- ficient—rather than just achieve a someone who becomes fluent in English fying language internationally. For ex- basic level—in English. to become a citizen after 4 years in- ample, every Chinese student is ex- Senator KENNEDY and I have dis- stead of 5. pected to study English. When Carlos cussed the fact that there are too many The Senate also declared English to Ghosn, who speaks several languages, adults eager to learn English standing be America’s national language and became chief executive officer of Nis- in line in Boston and Nashville for provided that anyone illegally here san, he began conducting business adult learning programs. They need must first learn English before gaining meetings in Nissan’s Tokyo head- help learning English, and I hope we legal status. quarters in English. can rectify that soon. A few Senators said we were wasting The most fortunate children in our For 10 years I have suggested, most our time debating national unity and country are those who grow up learn- recently to Bill Gates at a hearing, language. But other nations are discov- ing more than one language, but Amer- that I would like to see established a ering just how important and difficult ican parents know that one of those private foundation that would loan $500 it is to unite one’s country. Look at must be English. Mastering English is to any person living in this country how today Turkey is struggling with how an American succeeds in school, in who wants to spend it at an accredited

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD 11374 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 May 7, 2007 institution learning English, with the The New York-based geriatric center barred raises an interesting question: Why hope that someday that student would Haitian employees from speaking in Creole would these drug companies be spend- pay it back. The payoff to American while allowing other foreign languages to be ing so much money advertising di- unity would be worth the cost by itself. spoken, according to the EEOC. rectly to you if you can’t even buy it That prohibition also included that no Cre- But I believe such a bank would even- ole be spoken during breaks, and largely af- unless you get a prescription? tually grow to a huge size funded by fected employees who worked in nursing, Let’s look at the history of what has grateful new Americans. food service and housekeeping, the EEOC happened. Information that is con- Without our common language we says. veyed in these ads is supposed to bal- would be a giant Tower of Babel. It ‘‘There was no justifiable reason when ance risks and benefits of a specific would be difficult for Americans to there’s not a specific business necessity,’’ drug and provide information to the talk with one another, to debate polit- says Stella Yamada, an EEOC lawyer. public. But what we have seen hap- Marc Wenger, a New York-based lawyer ical issues, and to vote. It would be representing the geriatric center, says the pening over the last several years is harder to function as a democracy and EEOC characterization is inaccurate and it less and less information and more and to unite as one country. Without believes its language policies are consistent more promotion—ads that minimize English, we would risk becoming just with EEOC guidelines. He says there was no the risks associated with the drugs and another United Nations instead of the restriction on using other languages during maximize the benefits. They are not United States of America. breaks, adding the consent decree was not an balanced. As a result, in exchange for Madam President, I ask unanimous admission of wrongdoing. an increased market share for a drug Some employers have extended the policy consent to have printed in the RECORD company, the consumer is left with an to customers, too. Geno’s Steaks, a Philadel- the article from the USA Today to phia landmark, generated a storm of media incomplete and even a dangerous un- which I made reference. and blogger attention in 2006 when its owner derstanding of a drug’s risks and bene- There being no objection, the mate- posted a sign requesting that customers fits. rial was ordered to be printed in the order only in English. More often than not, these ads do not RECORD, as follows: At New York-based Hakia, which provides provide consumers with accurate com- [From USA Today, May 7, 2007] an Internet-based search engine, employees parisons between new drugs or even who are hired must speak English, and ENGLISH-ONLY WORKPLACES SPARK LAWSUITS older drugs that are still effective. English is the language used for all business For example, in a 2002 FDA survey of (By Stephanie Armour) communications, says President Melek physicians, 65 percent of physicians Pulatkonak. Many employees are immi- Some companies are adopting policies that thought patients were confused by the require employees to speak only English on grants who speak Turkish, German, Russian, the job, spurring a backlash of lawsuits al- Indian, Romanian or Spanish. Employees are relative risks and benefits of drugs leging that such rules can discriminate free to speak their native language in pri- they saw advertised; 75 percent of the against immigrants. vate conversations. doctors believed the ads led patients to The English-only policies are coming as ‘‘We have a very international team,’’ overestimate the efficacy of advertised the number of immigrants in the USA soars: Pulatkonak says. ‘‘Sometimes we have slips, drugs. All of this can only lead to one Nearly 11 million residents are not fluent in and we just e-mail them back in English.’’ conclusion, that there is not a fair bal- English, according to U.S. Census data, up The PRESIDING OFFICER. The Sen- ance of risks and benefits in these ads. from 6.6 million in 1990. Nearly 34 million ator from Iowa. Worse still, 86 percent of physicians residents are foreign-born, according to 2003 Mr. HARKIN. Madam President, I had a patient who asked about a spe- U.S. Census data. That’s up from 24.6 million wish to discuss the amendment Sen- in 1996. cific drug. They didn’t ask about some- ‘‘This is becoming a much bigger issue,’’ ator ROBERTS and I have worked on, thing for their back pain or for aller- says Amy McAndrew, an employment lawyer along with Senator KENNEDY and Sen- gies, they asked about a specific drug. at Philadelphia-based Pepper Hamilton. ator ENZI, regarding direct-to-con- Eighty-six percent of physicians said ‘‘Employers want to have policies because of sumer advertising of prescription the patients asked about specific drugs. safety and customer service, but they have drugs. I am concerned about the pro- As it turns out, the patient usually got to be careful not to be discriminatory.’’ liferation of this kind of advertising, that drug. Employers may legally adopt an English- its effect on public health and health Seventy-seven percent of primary only speaking rule if they can show it is a care spending, how much money we are business necessity, such as the need for com- care physicians prescribed a drug a pa- munication with co-workers and customers spending on health care. Senator ROB- tient asked for; 74 percent of specialists or safety-sensitive situations where use of a ERTS and I want to make sure they are did. common language could prevent an emer- done in a responsible way so that con- Let’s look at some of these drugs and gency, she says. sumers have good information and it what happened. We all know what hap- But Ronna Timpa, owner of Workplace deals with safety and efficacy. I be- pened when Vioxx, a pain reliever now ESL Solutions in Henderson, Nev., says em- lieve, along with Senator KENNEDY and associated with heart attacks, was ployers go too far in adopting strict policies Senator ENZI, we have crafted an pulled from the market after being that prevent co-workers from talking in amendment that addresses any first their native language even during lunch. heavily marketed to consumers. Con- ‘‘Imagine how you would feel if you amendment concerns, and I believe we sumers never had a clear picture of the couldn’t speak your own language in the have also crafted an amendment that risks and benefits associated with the bathroom,’’ she says. will help the FDA get better safety and drug. Millions of consumers were put The issue typically comes up in lower-wage efficacy information to consumers who at risk. and service-sector jobs. see these ads. One wonders how many doctors said The number of charges filed with the fed- I wish to take this time to discuss to a patient who came in: You know, if eral Equal Employment Opportunity Com- my concerns with direct-to-consumer Advil works for you now, you probably mission (EEOC) alleging discrimination advertising of prescription drugs. Keep based on such English-only policies is small don’t need Vioxx. but six times as large as 10 years ago, from in mind, we are talking about ads you Look what happened with Vioxx: 2 32 charges in 1996 to about 200 in 2006. see on television, you hear on the million Americans took it. It was mar- ‘‘If the rules enter work breaks, they will radio, you see in newspapers and maga- keted in 80 countries. Madam Presi- be difficult to defend or justify,’’ says zines for drugs that you cannot buy un- dent, $100 million per year was spent on Dianna Johnston, assistant legal counsel less you get a prescription. It raises all direct-to-consumer advertising of the with the EEOC, adding that some employers kinds of questions. Why would you ad- prescription drug Vioxx over about 5 also have policies requiring employees to be vertise drugs that you can’t buy? I can years. So about a half billion dollars fluent in English. see advertising Advil or Tylenol or a was spent to tell you Vioxx was good Employers have faced lawsuits for enforcing English-only policies. In April, Flushing host of other over-the-counter-type for you. Manor Geriatric Center agreed to pay drugs that you can go into a drugstore What happened? Because of all this $900,000 to settle an EEOC lawsuit based in and buy, such as cold pills and antihis- heavy advertising, there was $2.3 bil- part on the company’s English-only policy. tamines. But for prescription drugs, it lion in sales in 2003. We all know what

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 11375 happened. It was pulled from the mar- a new generation of pain killers—dis- Mr. DORGAN. It is the case with this ket in 2004. Why? Because thousands of tinctly different and distinctly better. advertising that if you take this purple people died of heart attacks because Not only was that not the case, but it drug, you know, you will be riding in a they took Vioxx. Yet this product was turns out that it posed a very substan- convertible, perhaps through a beau- subject to heavy direct-to-consumer tial risk to tens of thousands of people, tiful meadow, where the Sun is shining advertising. in the FDA’s own testimony, who died. and the birds are singing and life is We all remember the Vioxx ads, how If I might make one additional point. wonderful. Why? Because you took the good it was for you. Then we find out it The Senator is raising a question I purple drug. And by the way, go ask was causing heart attacks. Again, this have raised on the floor in the last the doctor if you shouldn’t have some is a clear indication of the irrespon- week or so about this issue. You turn of this. sibility of these drug companies in di- on the television in the morning while The Senator is raising a very impor- rect-to-consumer advertising. It has you are brushing your teeth—if you tant question, especially about the dra- just gotten out of hand. It has totally have a little television in your bath- matic growth in direct-to-consumer ad- gotten out of hand. room—and you are minding your own vertising about a product that can only I will show on the next chart what I business, when a commercial comes on be achieved through a prescription by a mean by getting out of hand. Here is and says: You know what you ought to doctor. the spending on direct-to-consumer ad- be doing? You ought to go to your doc- Mr. HARKIN. Well, I thank the Sen- vertising. Keep in mind, prior to 1996, tor and ask him if the purple pill would ator for his great leadership in all we didn’t have direct-to-consumer ad- be right for you. You don’t know what these areas on drugs, on reimportation, vertising very much on TV and radio. the purple pill is, but there is a lot of which I was proud to support him on. Pharmaceutical companies basically advertising saying you are somehow We have to get a handle on this. marketed to doctors. You went into unworthy if you don’t go to the doctor We all have first amendment con- the doctor’s office. You saw things in to see if the purple pill isn’t right for cerns. People have the right to adver- the doctor’s office. But the doctors you because life would be a lot better if tise, but I question whether they can were the ones who got the advertise- you were taking the purple pill. advertise in a way, like with Vioxx, ments. That is the way this advertising goes. where they tell you all the benefits, In 1997, the FDA promulgated some You can only get these drugs by a doc- but they do not tell you the risks, or rules which opened up the system. tor’s prescription. Yet the television they put them in such little fine print Then, all of a sudden, the drug compa- set is giving us all this advertising that it takes a 50-power magnifying nies started marketing to consumers. from a pharmaceutical industry say- glass to read them. In the first year, they spent $791 mil- ing: You know what you need to do, On television, how many of you have lion. Look what has happened every you need to ask your doctor if you seen the ads where they come on with year. More and more and more. In 2003, shouldn’t be taking more prescription this wonderful advertisement of a drug, $3.2 billion was spent on advertising. I drugs. Maybe a green pill, maybe a pur- and then in the end it says: Not to be made the chart before I got the latest ple pill, but life will be better if you taken by, and it goes so fast you can’t would do this. figures, but today I got the 2005 figures. understand what they are saying. It is The reason I wanted you to yield, is It is now $4.2 billion. Madam President, akin to listening to an auctioneer. You that doctors are saying that what they can’t understand what they are saying. $4.2 billion was spent in 2005 adver- are finding in their offices these days is So you see all the benefits of it, but tising drugs you can’t buy unless you patients are coming in and the patients you don’t get any of the downsides. get a prescription. Keep in mind, these are saying: Here is the medicine I want One might ask: Why are companies are drugs for which you have to have a because I saw it on television. Obvi- doing it? Well, simple. They make prescription. So it has gotten out of ously, the doctors aren’t happy about money. The Kaiser Family Foundation hand. that because they are the ones who found an additional $4.20 in savings for To make matters even worse, most of should be diagnosing and prescribing. this money that is spent, $4.2 billion in I wanted to make the point that I every dollar spent on advertising. 2005, was for the promotion of only 50 think your presentation is right. I There you go. If you could spend a dol- brand-name drugs. As a GAO study think there are only two countries in lar and make $4.20, who wouldn’t? found out, these drugs are most often the world, us and New Zealand, that So we have to ask some questions. for chronic conditions, not for cancer— allow virtually unrestricted, complete What happens when we create an artifi- not for life-threatening diseases—but public advertising on prescription cial demand? What is the effect on our for chronic conditions. GAO found the drugs that can only be prescribed by budget? Some people might say: Well, ads tend to be for antihistamines, sleep doctors. that is OK, but people are spending aids, acid reflux, and—as we all know Mr. HARKIN. The GAO did this study their own money or the insurance com- too well from watching evening tele- which found that 86 percent of physi- pany is. That is not so. Think of all the vision—things like impotence. We all cians responded that patients came in money we are spending on Medicare know this is true. We know it. Look at to ask about a specific drug—the pur- and Medicaid for these drugs that peo- the ads on TV every night. ple pill, the green pill. You might say: ple are being beaten over the head with It is no coincidence these advertise- Why are the doctors doing it? One doc- every day on these ads on television. ments are for drugs that you must take tor said to me: You are right. They Think about the baby boomers retir- repeatedly. It is so you will get hooked shouldn’t be advertising this. Patients ing. on a brand and then you have to keep coming in would be just as well served I said that by 2005 the spending had taking it and taking it and taking it. by taking an aspirin or something like gone to $4.2 billion. Think of what it is Mr. DORGAN. Madam President, will that, very cheap and readily available, going to be this year. I will bet it will the Senator yield for a question? and I tell them that. The doctor is tell- be over $5 billion this year, spent on Mr. HARKIN. I will yield. ing me this. I tell them that, and they advertising alone, for drugs you can’t Mr. DORGAN. The Senator held up say, no, no, they saw this ad. They buy unless you get a prescription. So it one or two charts dealing with Vioxx, a want this. I tell them no, but they say: is clear to me it has very little to do pain medicine. He is aware, I know— Well, Doctor, if it is all the same with with patient care and very much to do and I believe it was Dr. Graham from you, I would just as soon have that pill. with making money. I don’t mind drug the FDA who testified—that some- So he says: Well, if you want it, I will companies making money. That is fine. where around 50,000 to 75,000 Americans prescribe it. They do good things. They invest died of heart attacks as a result of that So there is an undue amount of pres- money in research—not as much as I drug. I know Senator HARKIN is talking sure being put on doctors right now to wish they would—and they come up about the advertising of these drugs. prescribe these drugs because patients with good drugs. We all take them That was a drug that was advertised as are demanding it. when we get sick or when we have a

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD 11376 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 May 7, 2007 disease. The problem is it has gotten Over time, it has become clear that which is paramount, and that the cre- out of hand. sometimes the creative content of the ative wonderful scenery will not dis- It was OK when they did a little bit drug ads has the effect of minimizing tract from it. I think it is a good com- of advertising, but now it has gotten the safety profile of a drug while artifi- promise. It is a step in the right direc- out of hand. It has gotten to the point cially spurring the demand. tion. Hopefully, we will get the bill now where an individual from a drug I have one other chart I wish to show. through, this will be a part of it, and company—I will not mention who—said This ad right here. Here is an ad for we will see if the drug companies want to me: Well, yes, you want to turn the Cialis. If you have ever watched tele- to be responsible. clock back to 1996, when we didn’t ad- vision in the evening in the last several We don’t need to spend $5 billion a vertise much on TV. He said: That months, you have seen this ad. You year advertising for drugs for which would be nice, but you could never get could have seen it in the last few you have to get a prescription. I would it done because not everyone would weeks. It seems like I can’t turn on the rather they put that money into re- agree. Because, you see, the big drug TV that I don’t see this ad, so I put it search, research on drugs that really companies, the big ones that have some on a chart in case someone might have are lifesaving and helpful to more peo- major portion of these 50 drugs that missed it. It is talking about Cialis. It ple. are basically the ones being advertised, has this wonderful scene at the end, I hope this amendment will be ac- they have got the power. The little with a woman in a bathtub, a man in a cepted. As I said, it is a compromise, drug companies out there, which may bathtub, and a beautiful valley scene— obviously. It is not everything I want- have good drugs for you, lifesaving maybe Napa Valley, I don’t know ed to do, but I think, again, it is a step drugs and things such as that, they where it is—and they say: If a relaxing in the right direction, and it will give have to get in the game too. They have moment turns into the right moment, us a yardstick. If, a couple of years to compete. So it keeps ratcheting will you be ready? from now, we see that the spending has itself up every year. Every year it While this is on the screen and you gone from $4.2 billion to $5 billion to ratchets itself up with more and more are looking at this beautiful scene and $5.5 billion to $6 billion, then we will advertising. thinking how wonderful it is, they really have to come back here and Before I yield the floor, I wish to re- come on and give you a couple of tighten down on it even more. view a little bit the history, so we are known risks. Are you going to listen to This is a shot across the bow to the clear on how we got to this point. In that? Or are you paying attention to drug companies—rein it in, be respon- 1962, Congress gave the FDA the au- how wonderful Cialis is for you? sible, or tougher things are coming in thority to regulate prescription drug This is another example of the the future. So it is really up to the advertising which, at that point, in amount of money being put into adver- drug companies to now start to be re- tising. This is not a drug preventing a 1962, consisted of ads in medical jour- sponsible. It is up to FDA to use their disease someone might have. It is not authority to make sure the contra- nals. Regulations followed from the for a life-threatening disease or any- indications, the safety measures, the FDA, after 1962, which required that all thing like that. Not at all. Yet that is drug interactions—all the things that drug ads include ‘‘a brief summary where the money is going. That is what may happen to people—are presented in statement that discloses all the drug’s the problem is with a lot of these ads. a clear, conspicuous, and balanced and known risks.’’ That was done, and all What our amendment does is it tries fair manner. That is the essence of the the medical journals, whenever the to fix some of these problems and to amendment. I hope it will be adopted. drug company would put an ad in a help the FDA and the companies to I yield the floor. medical journal about the benefits of provide better information so that con- The PRESIDING OFFICER (Ms. STA- the drug, they had to include, and they sumers can make real choices, not a BENOW). The Senator from South Da- did include—they were very responsible choice based on a movie endorsement kota. for a long time—all the known risks. or a slick advertisement. So our Mr. THUNE. Madam President, one After all, they were advertising to doc- amendment does four things: of the biggest drivers of health care tors, people who were knowledgeable in First, the 2-year moratorium on di- costs today is the cost of prescription the field. rect-to-consumer advertisements found drugs. This debate over reauthorization Until 1997, there was no real guidance in the underlying bill is dropped. While of the FDA has given us an opportunity beyond that as to what was required. I believe this provision is constitu- to really home in on some of the rea- Today, based on guidance that was fi- tional, I understand and respect the sons for those high costs of prescrip- nalized in 1999, an ad sponsor is only concerns others have on this point. tion drugs. We say we spend somewhere required to disclose ‘‘the most impor- Secondly, in the underlying bill, around $2.2 trillion on health care tant risks’’ in a ‘‘major statement’’ in every ad may be prereviewed by the today or about 16 or 17 percent of our the audio portion of a TV or radio ad. FDA. In this amendment, as part of gross domestic product. Of that The FDA does not require that all risks that process, the FDA may require spe- amount, about 15 to 20 percent of what be read in the ad. cific safety information in the content we spend on health care is for prescrip- Think about that. You can tout all of an advertisement as part of a risk tion drugs. It is an enormous industry the wonderful benefits, but you don’t evaluation and mitigation strategy. In in this country. have to tell what all the risks are. The addition, the company must include Frankly, some remarkable things FDA requires that an ad sponsor pro- any changes the FDA requests about a have happened. We have wonderful vide other places to find the list of all serious risk in the content of the ad or therapies that have prolonged life, the risks. So you could have an ad on they are subject to civil penalties. have improved the quality of life, and TV tell you Vioxx is great—there may Third, civil monetary penalties can for that we can be grateful to those be a problem with irregular heartbeat, be assessed against a company for an companies which are investing in the maybe—but if you want to know all ad that is false and misleading in the research and development that is nec- the known risks, you can call this toll- way it presents its safety and efficacy essary to bring these types of new free number or you can go to a health information. therapies and drugs onto the market. care provider and ask your doctor or Fourth, the major statement relating At the same time, we have to be very print ads. to side effects, contraindications, and concerned about the cost of these As I said earlier, it can be very easy effectiveness that is included in every things. Everybody has to be concerned for a statement about risks and bene- TV and radio ad must now be stated— about that. The taxpayers, who under- fits to get lost in the creative content and get this—in a clear, conspicuous, write the cost of Medicare and Med- of the ads. It is no wonder consumers and neutral manner. A clear, con- icaid, which is a big part of the cost of demand newer drugs from their doc- spicuous, and neutral manner. health care in this country, have a tors. They don’t have a clear idea of Hopefully, this will clarify the major stake in this debate, as does every con- the true safety or the efficacy profile. statement about risk and benefits, sumer who, for prescription drugs—

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 11377 whenever they are diagnosed with The amendment will allow the FDA prescription drugs and the impact they something and a doctor prescribes a to verify that citizen petitions are le- are having in driving health care costs certain medication, a certain drug, and gitimate by requiring applicants to in this country, is to create more com- they have to go get it, obviously that verify that they have not received competition in the marketplace. cost is borne by them as consumers and pensation from another organization to What this particular loophole does, by their health care provider, their in- file such a petition. It will also pro- the citizen petition loophole, is it al- surer. Everybody has a stake in the hibit delays of generic drug approvals lows drug companies to take advantage cost of prescription drugs and doing ev- unless the FDA determines within the and in a frivolous way use something erything we can to lower their costs, to first 25 days that a petition is filed that was intended for legitimate pur- make them more affordable to average that the petition raises a genuine pub- poses; that is, to allow citizens to chal- people in this country. lic health concern. This amendment lenge this process, to extend the period We have an amendment, the Stabe- helps to remove the incentive for drug in which they can continue to exclu- now-Thune-Brown-Lott amendment companies to file unnecessary or ille- sively market a drug to the tune lit- having to do with citizen petitions, gitimate citizen petitions. erally of billions and billions of dollars which was just debated. It has been de- Even the FDA has said the citizen pe- of additional cost. That is wrong. bated. It is under consideration as part tition process is inefficient and is often The amendment we have intro- of the managers’ amendment. I thank abused by pharmaceutical companies. duced—the Senator from Michigan, the managers, Senators KENNEDY and This is troubling to me because the ris- Senator STABENOW, Senator BROWN, ENZI, for giving us an opportunity to ing cost of prescription drugs is one of Senator LOTT, myself—would simply perhaps have it included in the man- the largest drivers, as I said earlier, of bring some clarity to this and make agers’ amendment. I think this is an health care costs in our country today. sure, when the FDA has an opportunity important amendment, one that ad- These costs contribute directly to the to determine, to take a look at these dresses the issue we are talking about rising cost of health insurance pre- citizen petitions, that petition does, in today, the high cost of prescription miums for families and small busi- fact, raise a genuine public health con- drugs. nesses and the cost to all taxpayers for cern. I believe this amendment will The amendment will reduce the filing what we pay for Medicare and Med- help remove the incentive drug compa- of frivolous ‘‘citizen petitions’’ that icaid. nies have to file unnecessary or illegit- delay entry of generic drugs to the As a Member of the House of Rep- imate citizen petitions in order to con- market and unnecessarily increase resentatives in 2002, I sponsored legis- tinue to reap some of these profits and drug costs for both taxpayers and con- lation that would help speed access to take advantage of a loophole that ex- sumers. My colleague from Michigan, lower cost generics. Back then, one of ists today that needs to be closed. the distinguished Presiding Officer, has the major issues of concern to Congress I hope the managers of the bill, those discussed this earlier. and consumers was the automatic 30- who have been working with us A citizen petition is intended to be month stay brand-name companies throughout the course of this process, just that—it is a petition that is filed could request whenever a challenge was will find their way to accept this by an individual or a group in order to raised to the patent. FDA regulations amendment into the managers’ pack- raise potential concerns. If you look at at the time essentially allowed a phar- age, allow it to be adopted as part of what has happened with that, that maceutical company to ask the FDA the FDA reauthorization and to do process has been abused. You can see for an unlimited number of 30-month something that in a very significant that even from what the FDA Chief stays as generics sought entry into the and meaningful way will address what Counsel has said about this process: market, effectively delaying their ap- is a serious problem in America today; These petitions appear designed not to raise timely concerns with respect to the le- proval. Now we are looking at yet an- that is, the high cost of health care gality or scientific soundness of approving a other loophole the industry has found which is driving more and more people drug application, but rather to delay ap- to delay access to lower cost generic into the ranks of the uninsured, becom- proval. drugs. ing a higher cost and burden on small What has happened in this process is Access to generic drugs is one crucial businesses, and, as I said earlier, a big it has become hijacked and is being part of the solution to controlling pre- component of that cost of health care used for purposes for which it was not scription drug costs. As I said earlier, is the cost of prescription drugs. intended. in overall health care costs, what con- I think this amendment, along with Under current FDA regulations, the tinues to increase over time is the cost others we have debated here today as simple act of filing a petition, no mat- of prescription drugs. As I said earlier, well—and I happen to support allowing ter how meritorious or frivolous that there are also some wonderful thera- for the reimportation of drugs from petition may be, automatically delays pies, some medications that were Canada and Europe and places such as the approval of a generic drug. Under brought onto the market that are that, which will help bring drug costs current regulations, there is no risk or doing remarkable things for health down in this country—these things will cost associated with filing a citizen pe- care in this country. But there is also all add competition to the market- tition. Yet the benefit to a brand-name a long period where drug companies place. Competition drives down costs, company in maintaining their market that develop these types of medications it drives down costs for consumers, it share for even a few months is enor- and therapies have the exclusive right drives down costs for taxpayers. That mous. to market those. During that period, is a good thing. This particular amend- I want to show another chart which I they have an opportunity to recover ment closes a loophole that needs to be think further defines why there is so the cost of the research and develop- closed that will bring about lower costs much advantage for a company to use ment that goes into that particular for consumers in this country. this process in a frivolous way, to drug. But there is a point at which that I thank the sponsors and the man- delay the introduction of generic drugs period comes to an end. When that pe- agers of the legislation for their co- into the marketplace. Take Flonase, riod comes to an end and it is opened operation and willingness to work with for example. The delay caused by using to competition, then other generic us, and I hope in the end we can have the citizen petition was 645 days. Dur- drug manufacturers can enter the mar- this amendment adopted and do some- ing that period, the additional sales ketplace. What you generally see hap- thing that is serious and meaningful in that were generated were over $1 bil- pen is drug costs go down dramatically terms of eliminating unnecessary lion—$1.6 billion. If you look at when competition takes hold. delays in allowing for generic drug ap- DuoNeb, another drug, 420 days’ delay I am a big believer in the market. provals, getting them into the market- yielded $262.5 million additional rev- The market works when there is com- place, and driving down the cost of pre- enue generated during that delay pe- petition. What we will need, if we want scription drugs. riod. to do something about the high cost of I yield the floor.

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD 11378 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 May 7, 2007 The PRESIDING OFFICER. The Sen- cated time and time again, they do this We have had a lot of instances of this ator from North Dakota is recognized. routinely in Europe and have done it occurring. The FDA has literally hun- Mr. DORGAN. Madam President, I for 20 years. If you are in Italy and you dreds of instances of people purchasing have been trying to review the man- want to buy a prescription drug in drugs over the Internet sites which agers’ package, as I indicated before. I Spain or if you are in Germany and you come in from international locations, read a number of the provisions. The want to buy a prescription drug in which the FDA has no jurisdiction one on domestic pet turtles—I looked France, there is no problem. There is over. When the person received those that over. I guess I don’t have an issue something called parallel trading, and drugs, they took them and they were with that. Ginseng is all right. Tanning you can easily, as a consumer, access harmed. In several instances, death has beds—we have a number of amend- the best price on that approved drug. actually occurred as a result. ments, some small, some large, some It is just, if they can do it in Europe, So what I think is important is that important, some perhaps not. I have we are told by our colleagues we do not we create a system where, when some- looked through them. have the capability or the wherewithal body uses the Internet—because every- I do think there a couple that ought or the knowledge or whatever to be body uses the Internet today, or just to be added. I noticed in the managers’ able to do it in our country. about everyone uses the Internet—to amendment that there is a note that That, of course, I think, seriously purchase the pharmaceutical product, there is additional language coming on shortchanges the ability of the Amer- that they be able to be fairly confident, several of them. I don’t know what ican people to develop a system that in fact very confident, in fact assured that would be. the Europeans have used for 20 years, a that product is FDA approved. I suggested two additions to the man- system that would help consumers. It This is doable. This is not an impos- agers’ package that I hope will be con- would allow the global economy to sible exercise. This capacity to make sidered. One is country-of-origin label- work for consumers. Maybe the little Internet pharmaceutical sites subject ing with respect to prescription drugs: guy ought to have a shot at accessing to FDA oversight and give consumers the information they need in order to Any prescription drug dispensed in the the benefits of the global economy. United States shall affix on each dispenser or So I think both of those amendments ensure that the pharmaceutical site is container of the prescription drug a label have merit. I would ask that those who FDA approved is a very doable event. that includes the country in which the drug are working on the managers’ amend- That is what my amendment creates. was manufactured. ment consider adding these two amend- Essentially what it will say is that the FDA will receive the resources nec- The reason for that is there has been ments to the managers’ package. I essary to be able to inspect and review an assertion here that somehow the hope between now and perhaps tomor- and manage and overview Internet importation of prescription drugs row, over either supper or breakfast, pharmaceutical sites after they have would be unsafe because it comes from they might have some sort of an epiph- put an Internet pharmaceutical site another country. In fact, a substantial any and believe that consistency is a through the system of testing and portion of our prescription drugs comes virtue in the Senate, and as a matter of make sure that site first has responsi- from other countries. It would prob- consistency include both of these bility in the United States, so that ably be useful for consumers to know amendments in the managers’ amend- they are not in Russia or Albania or that. I do not suggest they know that ment. Pakistan or someplace and can’t be because it is apparently unsafe, as I yield the floor. reached if they do harm by selling an some seem to suggest with reimporta- The PRESIDING OFFICER. The Sen- adulterated drug to an American cit- tion, but nonetheless I think that ator from New Hampshire. izen, that that site has a bonded indi- would be a useful thing. AMENDMENT NO. 993 vidual in the United States who is re- The second is the Secretary shall cer- Mr. GREGG. Madam President, I ap- sponsible for actions taken by that site tify prior to the approval for mar- preciate the Senator from Ohio who in selling products in the United keting any new prescription drug that was going to move to morning business States. the approval of such drug poses ‘‘no ad- by giving me a little respite and let me Second, that the products that are ditional risk to the public health and speak. sold through that site are FDA ap- safety,’’ which is the identical provi- I rise relative to the amendment I proved and have a review process which sion in the Cochran amendment deal- have offered on this bill, which is the assures that they have been FDA ap- ing with reimportation of prescription effort to try to protect people who pur- proved. At that point the FDA will put drugs. I would provide the same re- chase pharmaceuticals from Internet a tamperproof recognition symbol on quirement for the new prescription pharmacies. This is a major concern that site so that a person who goes on drugs that are approved for use in this today. In fact, just last week I entered the Internet and looks up a pharma- country. into the RECORD that the FDA reported ceutical site will immediately see this These are at least, to the extent they had identified 24 different Inter- tamperproof identification that it has there is validity in the Cochran amend- net pharmaceutical sites that appeared been FDA approved, sort of like in the ment, as judged at least by a small ma- to be selling adulterated drugs to peo- old days when you used to have the jority of the Members of the Senate ple. At least in three instances they Good Housekeeping seal of approval on today—to the extent there is validity were selling adulterated drugs which a product. That is what this will do so in that, it seems to me there might be came in packages that had a lot num- that an American citizen buying some use for some consistency, and the ber on them, they had an expiration through an Internet site will know that consistency would be we would want to number on them, and they looked ex- the product coming through that site be able to have the same approval proc- actly like the drugs the individual is FDA approved, that it is what they ess with respect to no substantial risk would have bought had they bought say it is, what the pharmaceutical site from new drugs as they are suggesting them through a pharmacy in the says it is. This is a step which needs to would be the case when a U.S. con- United States. be taken, obviously, in order to assure sumer is trying to purchase a prescrip- But it turned out those drugs, when that American consumers are safe. tion drug, FDA approved prescription they were opened by the FDA and test- As we see, American consumers are drug from another country. ed by the producer of these pharma- more and more going to the Internet The second, the country-of-origin la- ceutical products, were adulterated, for purposes of buying their products. beling just makes sense to me inas- and in some instances the adulterated Now, regrettably, some fairly large much as every time we debate this sub- drugs could have caused severe harm to pharmaceutical—not pharmaceutical ject, we have people implying that the person had they taken those drugs. companies but some fairly large drug there is something inherently unsafe In other instances, the drugs were sim- retail companies which run Internet about importing a prescription drug ply sugar. They had no chemical com- sites in most instances have reserva- from another country. As I have indi- pound in them. tions about this language because they

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 11379 are concerned about the fee system hard look at as a Congress because I much influence in the Senate and the which is set up to pay for it. I can un- believe it is our responsibility. This is House and particularly the White derstand that. I am willing to look at an area where the Federal Government House in the last many years. ways of addressing that so that we can has chosen to legislate and has done Many of us talked about reimporta- alleviate, to some degree, their con- quite well over the years, FDA pro- tion of prescription drugs, particularly cern. posals dealing with the safety of drugs from Canada. Many of us—I know the But the simple fact is, you have to and food in our country and in our sup- Presiding Officer has done this. I have, come up with a system which assures ply chain. We have a lot of history. We from my Northeastern Ohio Congres- that resources are available for the can take considerable pride in it. But sional District before I was elected to FDA to be able to go out and monitor the market has changed. We need to the Senate last fall, taken busloads of these sites. It should be a consumer- change the process by which we review senior citizens to Canada to buy less producer retail sales-fee system so that the quality of the drugs as they come expensive but identical—same drugs, the people who are taking advantage of through this new market structure, same dosage, same packaging, same this site and the people who are bene- which is called the Internet. This is not manufacturing,—drugs in Canadian fiting from the site, both economically a partisan or political issue. This is drugstores. and through purchasing the product, just a question of how we substantially We all thought that it made no sense are essentially bearing the cost of improve FDA’s capacity on oversight for Americans to leave our country to making sure the FDA has the resources of the delivery of drugs to the Amer- buy drugs, often made in the United necessary to monitor the site. ican citizen. States, but certainly drugs that are That is a reasonable approach. It is So it should, I hope, be accepted at safe as those at a drugstore in Elyria, something we do on most issues of this some point. I understand it is going to Ashtabula or Toledo or Dayton. type. So there is a fee system in this be opposed, regrettably, by the other Many of us were disappointed at the proposal which would basically pay for side of the aisle. This makes no sense passage of the Cochran amendment, the resources necessary and give the to me. I think it has something to do which is what the drug companies FDA the support it needs financially so with the fee system that is in place and wanted, and what again stands in the that it can expand its review process to the fact that the large drug delivery way of direct reimportation so that cover these pharmaceutical products companies in this country are opposed American seniors and other Americans which are being sold over the Internet. to this type of system. But as I stated, could get less expensive drugs. There is This is a step we have to take. This is this is negotiable. There should be simply no reason the Canadian drugs— not something where we can sort of some way to deal with that. that our drugs should cost two, three, bury our heads in the sand and say, But, in any event, at some point I four times what people pay for the well, we are just going to let this hap- hope we face up to the reality of need- same drug, same manufacturer, same pen. We are going to let these sites ing this type of an amendment and giv- dosage, the same packaging in Canada. continue to function, and we are going ing the FDA this type of authority. At I am intrigued by Senator DORGAN’s to ignore their existence because more this point I am not going to ask for a idea of country-of-origin labeling on and more Americans are moving to this vote on the amendment. I may before prescription drugs. We know, for exam- process of purchasing drugs. we move to final passage. But I am also ple, that a doctor prescribes Lipitor, You cannot have, in the United considering other approaches to get- and the patient buys Lipitor; that States, two different streams of supply ting this type of language considered. these actual drugs were manufac- of pharmaceuticals for American citi- I will review the situation as we go tured—that medicine was manufac- zens: one which is absolutely safe and down the road. But I did want to speak tured in Ireland. We do not seem to when American citizens are purchasing tonight to outline again the need for think there is anything wrong with that product they are sure that it is this type of protection. As I said, just that. So it makes sense to me to put on not going to harm them; and, two, last week the FDA sent out a warning, country-of-origin labeling because then where they are basically rolling the actual warning to American con- Americans would see that these drugs, dice, playing Russian roulette with sumers, that said: Do not use these 24 whether they are made in Ireland, what they purchase when they use an Internet sites because we cannot tell whether they are made in Canada, Internet site but thinking they are ac- you that the drugs you purchase over whether they are made in Germany, tually purchasing something that is these sites are going to be safe, that whether they are made in the UK, claimed to be the medication they they are going to be what they say whether they are made in the United need. they are. In fact, we can tell you in States, that because of the FDA we You cannot do that and claim we these three incidents that they were know those drugs are safe in our coun- have a safe and efficient system, a safe not. try. We know they are safe if they are system which has efficacy in the qual- That means people were put at risk coming from Britain or Ireland or Can- ity of the drugs and have those drugs by purchasing drugs from these sites. ada. be safe when they are delivered to the So we need to give the FDA this au- I am intrigued by Senator DORGAN’s consumer. We cannot have two dif- thority, and hopefully we will. If not idea. I also, for a moment, wanted to ferent systems and still make that now, at least before this bill completes speak on the amendment that the Pre- claim. We are basically undermining the whole process and comes back from siding Officer has led the charge on one of our great strengths as a culture, the conference committee. with Senator THUNE and with Senator which is that we have a very strong I yield the floor. LOTT and myself, on the citizen peti- system for protecting the food that The PRESIDING OFFICER. The Sen- tion issue. That, I understand, is in the Americans eat and the drugs America ator from Ohio is recognized. managers’ amendment. I am hopeful uses. Mr. BROWN. Madam President, I that will become part of this bill as it So it is critical that we face up to have a few comments on this after- moves through the process. this very significant problem we have, noon’s proceedings. I was disappointed, We know of abuse of the citizen peti- which is that the Internet pharmacy as I know many in the Chamber were, tion process. We know that while, of situation is basically a ‘‘wild west’’ of in the passage of the Cochran amend- course, we want to protect peoples’ supply. Nobody knows what they are ment and what that means to the price rights in this country to petition their getting. Well, they think they know of prescription drugs. Government always, we also note the what they are getting, but nobody ac- An awful lot of us believed—those of drug companies have gamed that sys- tually knows what they are getting. us running for election last fall, those tem, turned that system to their ad- They can be harmed as a result. So I of us who were just observers of the vantage and used that petition process believe this proposal is a reasoned pro- American political scene—understand to block the generics getting on the posal. It is one I hope we will take a that the drug industry has had way too market.

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD 11380 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 May 7, 2007 We know the drug companies will do deals with drug safety and although I Mr. ENZI. Would the Senator yield darn near anything to get their way, to am a supporter of the generic drug infor a moment? I want to commend Sen- keep their prices higher. It is the most dustry, I want to ensure that their bio- ator HATCH for raising this issue of profitable industry in the country—re- equivalence standards are based on antimicrobial resistance and the need turn on investment, return on sales, re- science—we need to ensure that FDA is for innovation. The problem that the turn on equity—for almost a genera- applying high scientific standards and Senator is addressing here is a real tion, almost every year except for allowing for public input when these threat to public health. The Director of when the oil industry does slightly bet- standards are developed by the Office the CDC reports that more than 63,000 ter than the pharmaceutical industry. of Generic Drugs. patients in the United States die every We know they will try almost any- Mr. BROWN. I appreciate his leader- year from hospital-acquired, antibiotic thing. ship on this matter and want to work resistant infections. Although I strong- But Senator STABENOW’s work on with him to ensure that we exercise ap- ly support this amendment as it is an this issue and this amendment will propriate oversight over FDA and hold excellent first step, a comprehensive draw a balance so that citizen petition the agency, and in this case, the Office response is needed. I hope we can con- rights are protected, that consumers of Generic Drugs, accountable for its tinue to address the broader issue with- are protected, which will mean decisions. I also appreciate working in the Committee this Congress. I also generics are earlier to market, safe with him and other members of the agree that we need to continue to work generics, identical generics that will HELP Committee on the issue of anti- with FDA on this issue of account- mean lower prices for our consumers. microbial resistance. So my question ability and look forward to working I am hopeful we can get this bill in is, isn’t this a public health crisis that with the Chairman and other members better shape than it has been. I appre- requires immediate action? of the Senate on this issue. ciate particularly the efforts of Sen- Mr. HATCH. Yes, it is. I appreciate Mr. HATCH. I thank the Senator. I ator DORGAN on reimportation. the remarks of the Senator from Ohio. appreciate my colleagues’ willingness BIOEQUIVALENCE STANDARDS I yield to the Senator from Mississippi. to work with me on this important Mr. HATCH. I rise to speak about the Mr. COCHRAN. I want to thank the issue. Although the language on the amendment I offered to S. 1082 on anti- Senator from Utah for his leadership bioequivalence issue is not in the biotics access and innovation. My on this issue. I have been working on agreed-to version of the amendment, amendment is supported by the Infec- this issue of FDA standard setting and by accepting the revised amendment, I tious Diseases Society of America, process for bioequivalence standards want to make it perfectly clear that we IDSA, the Alliance for Aging Research, for almost a year now. We have not yet want to have clear answers from the had resolution to concerns regarding the National Organization of Rare Dis- FDA on its current process in estab- bioequivalence standards and I had orders, and the Immune Deficiency lishing a bioequivalence standard for hoped to include language in this bill Foundation. It is intended to take ini- locally-acting non-absorbed drugs. It is requiring FDA to engage in a process tial steps to address the important certainly not my intent or the intent to inform the public of a change in issue of drug resistant microorganisms of my colleagues to suggest that we standard, explain their scientific ra- and the need for new antibiotics. Sen- have concluded the oversight of FDA tionale, and allow for public input be- ate Health, Education, Labor, and Pen- on this issue. Instead, we have agreed fore a new standard is implemented. I sions Committee Chairman TED KEN- to engage with FDA through the over- understand we have agreed to continue NEDY and its Ranking Member MIKE sight function of the HELP Committee to work with FDA on this issue and to ensure that the scientific standards ENZI have worked with me on the pro- defer including the provision in this and procedures used in establishing vision as well as Senators BURR, bill. I am hopeful that we can address bioequivalence for this life-threatening BROWN, and COCHRAN. I appreciate all these concerns through our continued antibiotic are appropriate. their efforts to address this important work with the FDA. However, I think Mr. SPECTER. Would the Senator issue and am pleased that we have we all understand that if FDA does not yield for a question? My office has also reached an agreement on language to sufficiently answer our questions, Con- been in contact with FDA on this issue include in S. 1082. gress will revisit this issue. Mr. KENNEDY. I want to thank the Mr. HATCH. I thank the Senator of bioequivalence for a life-saving anti- Senator from Utah for introducing this from Mississippi for his leadership on biotic because leading infectious dis- important amendment. I am concerned this matter. I agree that we need to ease experts in my state have expressed with the alarming increase in the num- pursue this further if we don’t get good concern that FDA did not take appro- ber of drug-resistant infections. Physi- answers from the FDA. The agency’s priate steps to establish this new cians from Massachusetts have written lack of a response is a big concern to standard for demonstrating bioequiva- me in support of this amendment say- me. lence. I would like to work with my ing that patients are routinely lost to I might also add that your health ad- colleagues on this important issue as infections caused by resistant bacteria visor, Leigh Ann Ross, who is a phar- well. for which we have few to no options. I macist, has been very helpful in ex- Mr. HATCH. I thank the Senator appreciate the efforts of infectious dis- plaining the issues of pharmaceutical from Pennsylvania and I know that he ease experts from the Infectious Dis- science at issue here. I also want to ac- has been in communication with FDA eases Society of America to raise these knowledge the work of my colleague regarding this issue. His contributions concerns and propose solutions. from Massachusetts who has shown to this dialog have been considerable. I Mr. HATCH. Senator KENNEDY has al- great leadership here and his dedicated look forward to working with him, ways been a leader in public health staffer, David Dorsey, who has worked Senator COCHRAN and my HELP Com- issues and I appreciate the efforts of tirelessly on this entire bill and this mittee colleagues in getting some an- him and his staff to address this impor- issue in particular. I also appreciate swers from the FDA on this situation. tant matter. However, I am concerned the hard work of Senator ENZI’s staff AUTHORIZED GENERICS one provision of my amendment that person, David Schmickel, who has Mr. ROCKEFELLER. Madam Presi- was not included which deals with bio- made great efforts to reach an agree- dent, I rise today with my colleagues equivalence standards for locally-actment on this issue. We would not have to speak about so-called authorized ing non-absorbed drugs. In the amend- been able to reach this point without generics. An authorized generic drug is ment I filed for Committee, I had asked Senator KENNEDY’s and Senator ENZI’s a brand-name prescription drug pro- for the Food and Drug Administration leadership on the entire bill. duced by the same brand manufacturer to establish a new bioequivalence In addition, I would like to acknowl- on the same manufacturing lines, yet standard for these drugs through a edge Senator BROWN’s health staffer, repackaged as a generic in order to guidance allowing for transparency and Ellie Dehoney, who has made valuable confuse consumers and shut true a public process. The underlying bill contributions to this discussion. generics out of the market. Because it

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 11381 is not a true generic drug and does not on the problem of authorized generics. lives, at times they also have the po- require an additional FDA approval, an At the very least, Congress should im- tential to harm. We all know that no authorized generic can be marketed pose a moratorium on authorized ge- prescription medication is absolutely during the federally mandated 6-month neric drugs until such time as the FTC safe. There is always some degree of exclusivity period for generics. This study is complete. safety and health risks. discourages true generic companies Mr. HATCH. My friend from West Drug companies selling products in from entering the market and offering Virginia has had a longstanding inter- the United States must comply with lower priced prescription drugs. I have est in looking into this issue, and I cer- regulations and procedures mandated introduced legislation—the Fair Pre- tainly don’t fault his tenacity in this by the Food and Drug Administration. scription Drug Competition Act—in area. When Congressman HENRY WAX- FDA approval, however, does not al- order to ban authorized generics during MAN and I wrote the Drug Price Com- ways guarantee drug safety. this protected 180-day period, and I had petition and Patent Term Restoration The bill we are debating today in- hoped that this legislation could be ac- Act in 1984, our intent was to improve tends to improve drug safety and will cepted as part of this bill. generic competition, while preserving significantly change the drug approval Mr. KENNEDY. I appreciate the lead- the ability of brand-name manufactur- process at the FDA. I believe it is im- ership of the Senator from West Vir- ers to discover and market new and in- portant to improve the drug approval ginia on this important issue. He has novative products. I think this legisla- process and, at the same time, ensure been a staunch advocate of consumer tion has worked fairly well at achiev- patients access to new and innovative access to lower cost generic prescrip- ing its intended goals. I know there therapies. In order to achieve this goal, tions, successfully working to include have been a few problems along the a carefully balanced approach is nec- authorized generics in the Medicaid way, but I think we addressed many of essary. best price calculation. I support his ef- them in the Medicare Modernization As we debate how to improve the forts and believe that the bill before us Act of 2003. In that law, Congress drug approval process, it is important includes significant provisions to lower closed several loopholes that were de- for Congress to take actions to ensure laying generic competition and hin- prescription drug costs. While I know that legal efforts to enforce drug safety dering consumer access to lower cost that our legislation does not directly are directed toward the appropriate generic drugs. The law also clarified address the Senator’s concerns, I want parties. the 180-day period of market exclu- I am particularly concerned that this to continue to work with him on this sivity for generic manufacturers. Now, bill does nothing to protect physicians important issue and believe that we I know Senator ROCKEFELLER is very and pharmacists from being named in can reach consensus on authorized concerned about authorized generics, product liability lawsuits. We cannot generics as part of the patent settle- and I think we should have updated allow for additional waste in our legal ment debate. data on the number of authorized ge- Mr. ENZI. As the Senator from West system by naming doctors and phar- neric drugs are on the market. The lan- Virginia knows, we included language macists to these lawsuits—especially guage already included in S. 1082 will in the underlying bill on authorized when these professionals have nothing help the Federal Trade Commission to do with the design or manufacture generics in part due to his urging. Our complete its authorized generics study, of the product in question. It is for bill would require the Food and Drug which I know Senator ROCKEFELLER re- that reason that I rise to speak on Administration to keep track of au- quested along with Senators GRASSLEY amendment No. 1042. thorized generics marketed since Janu- and LEAHY. I support the completion of Product liability lawsuits usually in- ary 1, 1999, and to make such data pub- that study; however, Congress volve claims that a product is unrea- licly available in electronic form. The shouldn’t contemplate additional legis- sonably dangerous, either in its design, language in our bill will help the Fed- lation before having necessary data on manufacture, or its lack of a proper eral Trade Commission complete its authorized generics. I will work with warning or instructions regarding use. study in a timely fashion, and it will my good friend and colleague from Historically, trial lawyers name the also help to shed some light on this West Virginia to ensure that the FTC product manufacturer as well as each elusive marketing practice. Let me be has the data needed to complete its party that handled the product in the clear: I do not agree with the other pol- study. So, I want to let my friend from stream of commerce as a defendant. icy statements being made regarding West Virginia know that I want to con- This includes the shipper of the prod- authorized generics because I don’t be- tinue to have a dialogue about this uct, as well as the store owner who lieve we have enough information yet issue. sells the product. In most cases, the to make those assessments. However, I Mr. ROCKEFELLER. I thank my col- store owner is never liable for a design do agree that we need more informa- leagues for these commitments. I look defect, manufacturing defect, or failure tion to shed light onto this subject. forward to working together with to warn. Why? Because these cases That is why I supported the language Chairman KENNEDY, Senator ENZI, Sen- have nothing to do with the negligence in the underlying bill to allow us to ator HATCH, and the cosponsors of this of the store owner. have that data and to provide a strong amendment Senators SCHUMER, LEAHY, Doctors and pharmacists are similar platform for future discussions. KOHL, and STABENOW to develop strong to store owners. They have nothing to Mr. ROCKEFELLER. I appreciate the consensus language that can be en- do with the design or manufacture of a chairman and ranking member’s inter- acted as part of the patent settlements product. Yet time and time again, doc- est in looking into this deceptive mar- legislation. tors and other health care providers keting practice. And, while I had hoped AMENDMENT NO. 1042 are named as parties to product liabil- that we could reach agreement on my Mr. ENSIGN. Madam President, pre- ity lawsuits involving prescription legislation as part of this bill, I appre- scription drugs and medical technology drugs and medical devices. Why? Be- ciate the chairman’s commitment to save lives. Advances in medicine have cause class action lawyers are con- working with me to solve this problem given patients who are fighting deadly stantly looking for the best court- as part of the patent settlements dis- diseases or managing chronic condi- rooms to file their lawsuits. These law- cussion. I am also grateful for Senators tions hope for a healthier future. yers routinely shop for venues that are KENNEDY, ENZI, and HATCH’s support of Prescription drugs are working to known for siding with the patient who the authorized generics language Sen- meet the emerging diabetes epidemic, has been harmed. By bringing their ator BROWN and I worked to include in save the lives of cancer patients, and cases in front of plaintiff-friendly the underlying bill. This language will forestall the terrible burden of Alz- judges and juries, these lawyers im- undoubtedly help the FTC finish its heimer’s. These advances in medicine measurably enhance their probability work, but I want to be clear that I do are helping patients today. of securing a jackpot jury award. not believe Congress needs to wait on Although these lifesaving drugs have Judgments are virtually never en- the FTC study to be completed to act the enormous potential to improve tered against doctors and pharmacists

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD 11382 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 May 7, 2007 in product liability lawsuits. Yet these legal system. Let’s protect our health is more likely to produce larger monetary health care professionals are often care providers from incurring frivolous awards. In most cases, physicians are dis- forced to spend thousands of dollars in unnecessary costs. Our health care pro- missed from he lawsuit or found not liable legal costs and take valuable time off viders should be focused on providing for damages. Regardless of the ultimate out- from work, time away from the pa- come, physicians face significant legal costs the best care possible to their patients, and time away from their patients as a re- tients who need them, to provide law- not on product liability lawsuits when sult of this practice. yers with rounds and rounds of deposi- they have nothing to do with the prod- We believe your amendment takes the ap- tions and to provide juries with testi- uct in question. propriate steps to ensure that future class mony. This is completely ridiculous. I ask unanimous consent to have action lawsuits are targeted at those whose We need doctors in our emergency printed in the RECORD letters of sup- conduct is in question. Additionally, we be- rooms and family practice centers—not port for my amendment from the lieve your amendment rightfully prevents in the courtrooms when they have American Medical Association and the attorneys from using physicians as a means nothing to do with the product in ques- to pursue legal action in venues they deem American Osteopathic Association. more favorable. For these reasons, we re tion. There being no objection, the mate- pleased to offer our support. I want to tell you about a woman rial was ordered to be printed in the Sincerely, named Hilda Bankston. Hilda owned a RECORD, as follows: JOHN A. STROSNIDER, pharmacy in Jefferson County, MS, and AMERICAN MEDICAL ASSOCIATION, DO, President. has been named as a defendant in so Chicago, IL, May 3, 2007. f many lawsuits that she has lost count. Hon. JOHN ENSIGN, In each instance, Hilda was sued for U.S. Senate, Russell Senate Office Building, MORNING BUSINESS doing nothing more than filling legal Washington, DC. prescriptions. In other words, she DEAR SENATOR ENSIGN: The physician and Mr. BROWN. I ask unanimous con- wasn’t doing anything wrong. Never- student members of the American Medical sent that there now be a period of theless, Hilda has been dragged into Association (AMA) commend you for intro- morning business with Senators per- ducing an amendment to S. 1082, the ‘‘Pre- mitted to speak for up to 10 minutes court to testify in hundreds of national scription Drug User Fee Amendments of lawsuits brought in Jefferson County each. 2007,’’ that would clarify physician and other The PRESIDING OFFICER (Mr. against the pharmacy and out-of-State health care provider liability. manufacturers of drugs. Why is this? Specifically, the amendment would pre- WHITEHOUSE). Without objection, it is Because the party who initiated the vent physicians and other healthcare pro- so ordered. lawsuit was shopping for a friendly viders who prescribe or dispense a drug, bio- f court in order to file their national logic product, or medical device approved, li- lawsuit in that county. censed, or cleared by the Food and Drug Ad- ADDITIONAL STATEMENTS Does this bill we are considering ministration from being named in class ac- today provide any protection to Hilda tion product liability lawsuits for forum- shopping purposes. The amendment would REMEMBERING HAWAII’S DON HO Bankston? No, it does not. Does the address situations in which a local physician bill provide any protection to doctors or other health care provider is named as a ∑ Mr. AKAKA. Mr. President, I wish to and pharmacists with respect to prod- defendant as a way to file a lawsuit in a legal pay tribute to a remarkable son of Ha- uct liability lawsuits? No. It doesn’t do jurisdiction more likely to award large dam- waii, entertainment legend, Don Ho. that either. The bill allows these age awards, even though such jurisdiction Don’s big heart gave out on April 14, in health care providers to continue to be has little or no connection to the local de- Waikiki. He was 76 years old. On Satur- named in product liability cases. This fendants. In such cases, the local physician or other health care provider is often day, May 5, Hawaii bid a fond aloha to is outrageous. Don Ho, during a ceremony on Waikiki My amendment is simple. It prohibits dropped from the suit or not found liable for damages. Instead, liability attaches to the Beach in celebration of his life. Thou- a health care provider, including a doc- manufacturer, whose conduct is the real sub- sands of people attended his memorial. tor or a pharmacist, from being named ject of the litigation. Nonetheless, physi- Don didn’t plan on a career in enter- in a product liability lawsuit or in a cians and other health care providers are ex- tainment. After his college graduation, class action lawsuit merely because the posed to the significant legal costs, distress, he served in the U.S. Air Force, attain- health care provider prescribed or sold and time away from their patients. ing the rank of first lieutenant. When a drug or device that was approved by The AMA is pleased to offer its support for he returned home, he began helping at the Food and Drug Administration. this amendment and looks forward to con- My amendment does not deprive pa- tinuing to work with you to bring about his mother’s quiet neighborhood bar, tients of the right to sue a physician or common sense liability reforms, such as this playing music with friends. That was a pharmacist who behaves in a neg- amendment. the beginning of a show business career Sincerely, ligent manner. It does not provide spanning more than four decades in- MICHAEL D. MAVES, cluding hit records, motion pictures, blanket immunity to a physician or MD, MBA. pharmacist who behaves in a negligent television, and sold out performances world-wide. manner. That would be a separate AMERICAN OSTEOPATHIC ASSOCIATION, cause of action, which lies outside the Washington, DC, May 3, 2007. Hawaii was still a young State when scope of my amendment. What my Hon. JOHN ENSIGN, Don Ho became an international star, amendment does say is that health U.S. Senate, Russell Senate Office Building, and in many ways he helped put Hawaii care providers should not be dragged Washington, DC. on the map. In my travels around the DEAR SENATOR ENSIGN: As President of the world, people always ask me about Don into a product lawsuit that they have American Osteopathic Association (AOA), I no business being in. Doctors and phar- Ho. Don was a big star wherever he am pleased to inform you of our support for went. He even played in Washington, macists are routinely named in product your amendment to the ‘‘Prescription Drug liability lawsuits and are virtually al- User Fee Amendments of 2007’’ (S. 1082), DC, when I was in the House. And I can ways removed from these cases without which would provide clarification on physi- tell you, it was a big show. having damages assessed against them. cian liability. Despite his stature as an entertain- They are not responsible for the design Your amendment seeks to clarify that a ment icon, Don was never too busy to or manufacture of drugs and devices physician who prescribes a drug, biological spend a few minutes with his fans; and should not be dragged into these product, or medical device, which has young honeymooners, servicemen and cleared successfully the Food and Drug Ad- types of lawsuits. women stationed in the islands, or sen- ministration’s approval process, cannot be ior citizens on a dream vacation. He Patients pay for product liability named as a party in a class action lawsuit. lawsuits in the form of higher health The AOA shares our concerns that physi- had tremendous charisma and talent benefits and premiums. cians and other health care providers fre- and because of that he touched many I urge my colleagues to join me in quently are names as defendants in such people. Hawaii has lost a beloved son taking action to curb this abuse of our cases as a means of securing a venue which and he will be sorely missed.∑

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 11383 MESSAGES FROM THE PRESIDENT S. 1312. A bill to amend the National Labor the national emergency relative to Syria Relations Act to ensure the right of employ- that was declared in Executive Order 13338 of Messages from the President of the ees to a secret-ballot election conducted by May 11, 2004; to the Committee on Banking, United States were communicated to the National Labor Relations Board. Housing, and Urban Affairs. the Senate by Ms. Evans, one of his f EC–1753. A communication from the Sec- secretaries. retary of Commerce, transmitting, the re- EXECUTIVE AND OTHER f port of a draft bill intended to ‘‘revise and COMMUNICATIONS extend the Export Administration Act of EXECUTIVE MESSAGES REFERRED The following communications were 1979, amended’’; to the Committee on Bank- ing, Housing, and Urban Affairs. As in executive session the Presiding laid before the Senate, together with EC–1754. A communication from the Assist- Officer laid before the Senate messages accompanying papers, reports, and doc- ant Administrator for Fisheries, National from the President of the United uments, and were referred as indicated: Marine Fisheries Service, Department of States submitting sundry nominations EC–1742. A communication from the Acting Commerce, transmitting, pursuant to law, which were referred to the appropriate Administrator, Food Safety and Inspection the report of a rule entitled ‘‘Annual Man- committees. Service, Department of Agriculture, trans- agement Measures for the 2007 Pacific Hal- (The nominations received today are mitting, pursuant to law, the report of a rule ibut Fisheries and Changes to the Catch printed at the end of the Senate pro- entitled ‘‘Uniform Compliance Date for Food Sharing Plan for Area 2A’’ (RIN0648–AV03) received on May 2, 2007; to the Committee on ceedings.) Labeling Regulations’’ (RIN0583–AD05) received on May 2, 2007; to the Committee on Commerce, Science, and Transportation. f Agriculture, Nutrition, and Forestry. EC–1755. A communication from the Dep- EC–1743. A communication from the Under uty Assistant Administrator for Operations, MESSAGE FROM THE HOUSE Secretary of Defense (Comptroller), trans- National Marine Fisheries Service, Depart- At 2:15 p.m., a message from the mitting, pursuant to law, the report of a vio- ment of Commerce, transmitting, pursuant House of Representatives, delivered by lation of the Antideficiency Act by the De- to law, the report of a rule entitled ‘‘Atlan- Ms. Niland, one of its reading clerks, partment of the Army, case number 04–12; to tic Herring Fishery; 2007–2009 Specifications’’ announced that the House has passed the Committee on Appropriations. (RIN0648–AT66) received on May 2, 2007; to EC–1744. A communication from the Under the Committee on Commerce, Science, and the following bills, in which it requests Secretary of Defense (Comptroller), trans- Transportation. the concurrence of the Senate: mitting, pursuant to law, the report of a vio- EC–1756. A communication from the Direc- H.R. 1429. An act to reauthorize the Head lation of the Antideficiency Act by the De- tor, Office of Sustainable Fisheries, Depart- Start Act, to improve program quality, to partment of the Army, case number 06–01; to ment of Commerce, transmitting, pursuant expand access, and for other purposes. the Committee on Appropriations. to law, the report of a rule entitled ‘‘Closure H.R. 1592. An act to provide Federal assist- EC–1745. A communication from the Under of the Hook-and-Line Commercial Fishery ance to States, local jurisdictions, and In- Secretary of Defense (Acquisition, Tech- for Gulf Group King Mackerel in the South- dian tribes to prosecute hate crimes, and for nology and Logistics), transmitting, pursu- ern Florida West Coast Subzone’’ (Docket other purposes. ant to law, a report relative to a review of No. 001005281–0369–02) received on May 2, 2007; H.R. 1867. An act to authorize appropria- the Guided Multiple Launch Rocket System to the Committee on Commerce, Science, tions for fiscal years 2008, 2009, and 2010 for program; to the Committee on Armed Serv- and Transportation. the National Science Foundation, and for ices. EC–1757. A communication from the Direc- other purposes. EC–1746. A communication from the Under tor, Office of Sustainable Fisheries, Depart- H.R. 1868. An act to authorize appropria- Secretary of Defense (Acquisition, Tech- ment of Commerce, transmitting, pursuant tions for the National Institute of Standards nology and Logistics), transmitting, pursu- to law, the report of a rule entitled ‘‘Fish- and Technology for fiscal years 2008, 2009, ant to law, the annual report on the Depart- eries of the Exclusive Economic Zone Off and 2010, and for other purposes. ment’s Chemical and Biological Defense Pro- Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Manage- f gram; to the Committee on Armed Services. EC–1747. A communication from the Under ment Area’’ (ID No. 040607A) received on May MEASURES REFERRED Secretary of Defense (Personnel and Readi- 2, 2007; to the Committee on Commerce, ness), transmitting, pursuant to law, a re- Science, and Transportation. The following bills were read the first port relative to the Secretary’s plan for im- EC–1758. A communication from the Direc- and the second times by unanimous proving recruitment, placement, and reten- tor, Office of Sustainable Fisheries, Depart- consent, and referred as indicated: tion within the Department of individuals ment of Commerce, transmitting, pursuant H.R. 1592. An act to provide Federal assist- who receive scholarships and fellowships; to to law, the report of a rule entitled ‘‘Fish- ance to States, local jurisdictions, and In- the Committee on Armed Services. eries of the Exclusive Economic Zone Off dian tribes to prosecute hate crimes, and for EC–1748. A communication from the Direc- Alaska; Pacific Cod by Catcher Vessels Using other purposes; to the Committee on the Ju- tor of Defense Research and Engineering, Trawl Gear in the Bering Sea and Aleutian diciary. transmitting, a report relative to the man- Islands Management Area’’ (ID No. 040607B) H.R. 1868. An act to authorize appropria- agement and adequacy of biometrics pro- received on May 2, 2007; to the Committee on tions for the National Institute of Standards grams; to the Committee on Armed Services. Commerce, Science, and Transportation. and Technology for fiscal years 2008, 2009, EC–1749. A communication from the Under EC–1759. A communication from the Direc- and 2010, and for other purposes; to the Com- Secretary of Defense (Acquisition, Tech- tor, Office of Sustainable Fisheries, Depart- mittee on Commerce, Science, and Transpor- nology and Logistics), transmitting, pursu- ment of Commerce, transmitting, pursuant tation. ant to law, a report relative to the funds ex- to law, the report of a rule entitled ‘‘Fish- pended during fiscal year 2006 and the funds eries of the Exclusive Economic Zone Off f that are expected to be expended during fis- Alaska; Rock Sole, Flathead Sole, and ‘Other MEASURES PLACED ON THE cal years 2007 and 2008; to the Committee on Flatfish’ by Vessels Using Trawl Gear in Ber- CALENDAR Armed Services. ing Sea and Aleutian Islands Management EC–1750. A communication from the Prin- Area’’ (ID No. 040607E) received on May 2, The following bills were read the first cipal Deputy, Office of the Under Secretary 2007; to the Committee on Commerce, and second times by unanimous con- of Defense (Personnel and Readiness), trans- Science , and Transportation. sent, and placed on the calendar: mitting, pursuant to law, a report relative to EC–1760. A communication from the Acting H.R. 1429. An act to reauthorize the Head the effects of Aviation Continuation Pay on Director, Office of Sustainable Fisheries, De- Start Act, to improve program quality, to retention of qualified aviators during fiscal partment of Commerce, transmitting, pursu- expand access, and for other purposes. year 2006; to the Committee on Armed Serv- ant to law, the report of a rule entitled ‘‘In- H.R. 1867. An act to authorize appropria- ices. crease of Landing Limit for Georges Bank tions for fiscal years 2008, 2009, and 2010 for EC–1751. A communication from the Sec- Yellowtail Flounder’’ (ID No. 040407D) re- the National Science Foundation, and for retary of the Air Force, transmitting, pursu- ceived on May 2, 2007; to the Committee on other purposes. ant to law, the report of a critical breach in Commerce, Science, and Transportation. Average Procurement Unit Cost for the EC–1761. A communication from the Acting f Joint Air-to-Surface Standoff Missile; to the Director, Office of Sustainable Fisheries, De- MEASURES READ THE FIRST TIME Committee on Armed Services. partment of Commerce, transmitting, pursu- EC–1752. A communication from the Sec- ant to law, the report of a rule entitled The following bill was read the first retary of the Treasury, transmitting, pursu- ‘‘Fisheries of the Economic Exclusive Zone time: ant to law, a six-month periodic report on Off Alaska; Pacific Cod in the Bering Sea and

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD 11384 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 May 7, 2007 Aleutian Islands’’ (ID No. 040907D) received EC–1770. A communication from the Gen- EC–1780. A communication from the Prin- on May 2, 2007; to the Committee on Com- eral Counsel, Department of Commerce, cipal Deputy Associate Administrator, Office merce, Science, and Transportation. transmitting, the report of draft legislation of Policy, Economics and Innovation, Envi- EC–1762. A communication from the Acting intended to amend the Communications Act ronmental Protection Agency, transmitting, Director, Office of Sustainable Fisheries, De- of 1934 to terminate the Telecommunications pursuant to law, the report of a rule entitled partment of Commerce, transmitting, pursu- Development Fund for various reasons; to ‘‘Ambient Air Monitoring Regulations: Cor- ant to law, the report of a rule entitled the Committee on Commerce, Science, and recting and Other Amendments’’ (FRL No. ‘‘Temporary Rule; Closure (Closure of Tri- Transportation. 8308–7) received on May 3, 2007; to the Com- mester I Fishery for Loligo Squid)’’ (ID No. EC–1771. A communication from the Acting mittee on Environment and Public Works. 112106A) received on May 2, 2007; to the Com- Director, Office of Surface Mining, Depart- EC–1781. A communication from the Prin- mittee on Commerce, Science, and Transpor- ment of the Interior, transmitting, pursuant cipal Deputy Associate Administrator, Office tation. to law, the report of a rule entitled ‘‘Ohio of Policy, Economics and Innovation, Envi- EC–1763. A communication from the Acting Regulatory Program’’ (Docket No. OH–251– ronmental Protection Agency, transmitting, Director, Office of Sustainable Fisheries, De- FOR) received on May 4, 2007; to the Com- pursuant to law, the report of a rule entitled partment of Commerce, transmitting, pursu- mittee on Energy and Natural Resources. ‘‘Approval and Promulgation of Implementa- ant to law, the report of a rule entitled EC–1772. A communication from the Direc- tion Plans and Designation of Areas for Air ‘‘Fisheries of the Caribbean, Gulf of Mexico, tor, Office of Congressional and Intergovern- Quality Planning Purposes; California’’ (FRL and South Atlantic; Commercial Tilefish mental Affairs, Department of Energy, No. 8308–4) received on May 3, 2007; to the Fishery of the Gulf of Mexico; Closure’’ (ID transmitting, pursuant to law, the report of Committee on Environment and Public No. 040607F) received on May 2, 2007; to the a vacancy and designation of an acting offi- Works. Committee on Commerce, Science, and cer for the position of Assistant Secretary EC–1782. A communication from the Prin- Transportation. for Congressional and Intergovernmental Af- cipal Deputy Associate Administrator, Office of Policy, Economics and Innovation, Envi- EC–1764. A communication from the Dep- fairs, received on May 2, 2007; to the Com- ronmental Protection Agency, transmitting, uty Assistant Administrator for Regulatory mittee on Energy and Natural Resources. pursuant to law, the report of a rule entitled Programs, National Marine Fisheries Serv- EC–1773. A communication from the Direc- ‘‘Approval and Promulgation of Implementa- ice, Department of Commerce, transmitting, tor of Land and Minerals Management, Min- tion Plans; Missouri; Interstate Transport of pursuant to law, the report of a rule entitled erals Management Service, Department of Pollution’’ (FRL No. 8310–6) received on May ‘‘Pacific Albacore Tuna Fisheries; Vessel the Interior, transmitting, pursuant to law, 3, 2007; to the Committee on Environment List to Establish Eligibility to Fish for Alba- the report of a rule entitled ‘‘Oil and Gas and and Public Works. core Tuna in Canadian Waters Under the Sulphur Operations and Leasing in the Outer EC–1783. A communication from the Prin- U.S.-Canada Albacore Tuna Treaty’’ Continental Shelf—Corrections and Amend- cipal Deputy Associate Administrator, Office (RIN0648–AU78) received on May 2, 2007; to ments’’ (RIN1010–AD42) received on May 3, of Policy, Economics and Innovation, Envi- the Committee on Commerce, Science, and 2007; to the Committee on Energy and Nat- ronmental Protection Agency, transmitting, Transportation. ural Resources. pursuant to law, the report of a rule entitled EC–1765. A communication from the Dep- EC–1774. A communication from the Sec- ‘‘Approval and Promulgation of Implementa- uty Assistant Administrator for Regulatory retary of Energy, transmitting, the report of tion Plans; Revisions to the Nevada State Programs, National Marine Fisheries Serv- a legislative proposal that would amend two Implementation Plan; Visible Emissions and ice, Department of Commerce, transmitting, sections of the Energy Policy and Conserva- Particulate Matter Rules’’ (FRL No. 8308–2) pursuant to law, the report of a rule entitled tion Act; to the Committee on Energy and received on May 3, 2007; to the Committee on ‘‘Fisheries in the Western Pacific; Optional Natural Resources. Environment and Public Works. Use of Electronic Logbook Forms’’ (RIN0648– EC–1775. A communication from the Assist- EC–1784. A communication from the Prin- AS29) received on May 2, 2007; to the Com- ant Secretary for Water and Science, Depart- cipal Deputy Associate Administrator, Office mittee on Commerce, Science, and Transpor- ment of the Interior, transmitting, the re- of Policy, Economics and Innovation, Envi- tation. port of a draft bill entitled ‘‘Reclamation ronmental Protection Agency, transmitting, EC–1766. A communication from the Dep- Water Management Improvement Act’’; to pursuant to law, the report of a rule entitled uty Assistant Administrator for Regulatory the Committee on Energy and Natural Re- ‘‘Approval and Promulgation of Implementa- Programs, National Marine Fisheries Serv- sources. tion Plans; State of Missouri’’ (FRL No. 8309– ice, Department of Commerce, transmitting, EC–1776. A communication from the Assist- 3) received on May 3, 2007; to the Committee pursuant to law, the report of a rule entitled ant Secretary of the Army (Civil Works), on Environment and Public Works. ‘‘Final Rule to Implement Regulations to Es- transmitting, pursuant to law, a report rel- EC–1785. A communication from the Prin- tablish and Govern Seafood Marketing Coun- ative to an investigation of opportunities to cipal Deputy Associate Administrator, Office cils’’ (RIN0648–AS09) received on May 2, 2007; address near-term water resources needs for of Policy, Economics and Innovation, Envi- to the Committee on Commerce, Science, coastal Mississippi resulting from the hurri- ronmental Protection Agency, transmitting, and Transportation. cane season of 2005 that was conducted by pursuant to law, the report of a rule entitled EC–1767. A communication from the Dep- the Army Corps of Engineers; to the Com- ‘‘Approval and Promulgation of Air Quality uty Assistant Administrator for Regulatory mittee on Environment and Public Works. Implementation Plans; West Virginia; Redes- Programs, National Marine Fisheries Serv- EC–1777. A communication from the Prin- ignation of the Parkersburg, West Virginia ice, Department of Commerce, transmitting, cipal Deputy Associate Administrator, Office Portion of the Parkersburg-Marietta, WV– pursuant to law, the report of a rule entitled of Policy, Economics and Innovation, Envi- OH 8–Hour Ozone Nonattainment Area to At- ‘‘Final Rule for 2007 Pacific Whiting Harvest ronmental Protection Agency, transmitting, tainment and Approval of the Maintenance Specifications and Inseason Adjustments to the Uniform Resource Locator for a docu- Plan’’ (FRL No. 8309–9) received on May 3, Groundfish Management Measures’’ ment entitled ‘‘Audit Policy; Frequently 2007; to the Committee on Environment and (RIN0648–AU57) received on May 2, 2007; to Asked Questions (2007)’’; to the Committee Public Works. the Committee on Commerce, Science, and on Environment and Public Works. EC–1786. A communication from the Prin- Transportation. EC–1778. A communication from the Assist- cipal Deputy Associate Administrator, Office EC–1768. A communication from the Assist- ant Secretary of the Army (Civil Works), of Policy, Economics and Innovation, Envi- ant Administrator for Human Capital Man- transmitting, pursuant to law, a report rel- ronmental Protection Agency, transmitting, agement, National Aeronautics and Space ative to an evaluation by the Army Corps of pursuant to law, the report of a rule entitled Administration, transmitting, pursuant to Engineers of the damage reduction measures ‘‘Approval and Promulgation of State Plans law, the report of a vacancy and the designa- for Montauk Point, New York; to the Com- for Designated Facilities and Pollutants; tion of an acting officer for the position of mittee on Environment and Public Works. States of Iowa, Kansas, and Missouri’’ (FRL Chief Financial Officer, received on May 2, EC–1779. A communication from the Prin- No. 8310–8) received on May 3, 2007; to the 2007; to the Committee on Commerce, cipal Deputy Associate Administrator, Office Committee on Environment and Public Science, and Transportation. of Policy, Economics and Innovation, Envi- Works. EC–1769. A communication from the Dep- ronmental Protection Agency, transmitting, EC–1787. A communication from the Prin- uty Chief Counsel, National Telecommuni- pursuant to law, the report of a rule entitled cipal Deputy Associate Administrator, Office cations and Information Administration, De- ‘‘Delegation of National Emission Standards of Policy, Economics and Innovation, Envi- partment of Commerce, transmitting, pursu- for Hazardous Air Pollutants for Source Cat- ronmental Protection Agency, transmitting, ant to law, the report of a rule entitled egories; State of Arizona, Arizona Depart- pursuant to law, the report of a rule entitled ‘‘Rules to Implement and Administer a Cou- ment of Environmental Quality, State of Ne- ‘‘Revisions to the Arizona State Implemen- pon Program for Digital-to-Analog Converter vada, Nevada Division of Environmental Pro- tation Plan, Maricopa County Environ- Boxes’’ (RIN0660–AA16) received on May 2, tection’’ (FRL No. 8309–7) received on May 3, mental Services Department’’ (FRL No. 8302– 2007; to the Committee on Commerce, 2007; to the Committee on Environment and 9) received on May 3, 2007; to the Committee Science, and Transportation. Public Works. on Environment and Public Works.

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 11385 EC–1788. A communication from the Prin- ant to law, the report of a rule entitled EC–1807. A communication from the Chair- cipal Deputy Associate Administrator, Office ‘‘Title I—Improving the Academic Achieve- man, U.S. Parole Commission, Department of Policy, Economics and Innovation, Envi- ment of the Disadvantaged; Individuals With of Justice, transmitting, pursuant to law, ronmental Protection Agency, transmitting, Disabilities Education Act—Assistance to the Commission’s annual report for calendar pursuant to law, the report of a rule entitled States for the Education of Children With year 2005; to the Committee on Homeland Se- ‘‘Revisions to the Nevada State Implementa- Disabilities’’ (RIN1810–AA98) received on curity and Governmental Affairs. tion Plan, Washoe County’’ (FRL No. 8303–2) May 1, 2007; to the Committee on Health, EC–1808. A communication from the Chair- received on May 3, 2007; to the Committee on Education, Labor, and Pensions. man, Occupational Safety and Health Review Environment and Public Works. EC–1798. A communication from the Direc- Commission, transmitting, pursuant to law, EC–1789. A communication from the Prin- tor, Regulations Policy and Management a report relative to the amount of acquisi- cipal Deputy Associate Administrator, Office Staff, Department of Health and Human tions made by the agency from entities that of Policy, Economics and Innovation, Envi- Services, transmitting, pursuant to law, the manufacture the articles, materials, or sup- ronmental Protection Agency, transmitting, report of a rule entitled ‘‘Laxative Drug plies outside of the U.S. in that fiscal year; pursuant to law, the report of a rule entitled Products for Over-the-Counter Human Use; to the Committee on Homeland Security and ‘‘Source-Specific Federal Implementation Psyllium Ingredients in Granular Dosage Governmental Affairs. Plan for Four Corners Power Plant; Navajo Forms’’ ((RIN0910–AF36)(Docket No. 1978N– EC–1809. A communication from the Ad- Nation’’ ((RIN2009–AA01)(FRL No. 8308–6)) re- 0036L)) received on May 2, 2007; to the Com- ministrator, General Services Administra- tion, transmitting, pursuant to law, the received on May 3, 2007; to the Committee on mittee on Health, Education, Labor, and port of a request for reimbursement under Environment and Public Works. Pensions. the Meritorious Claims Act for Patrick J. EC–1790. A communication from the Chief EC–1799. A communication from the Regu- Truver; to the Committee on Homeland Se- of the Publications and Regulations Branch, lations Coordinator, Centers for Medicare curity and Governmental Affairs. Internal Revenue Service, Department of the and Medicaid Services, Department of EC–1810. A communication from the Prin- Treasury, transmitting, pursuant to law, the Health and Human Services, transmitting, cipal Deputy Assistant Attorney General, Of- report of a rule entitled ‘‘Section 1035—Cer- pursuant to law, the report of a rule entitled fice of Legislative Affairs, Department of tain Exchanges of Insurance Policies’’ (Rev. ‘‘Inpatient Psychiatric Facility Prospective Justice, transmitting, pursuant to law, a re- Rul. 2007–24) received on May 4, 2007; to the Payment System Payment Update for Rate port relative to the use and effectiveness of Committee on Finance. Year’’ (RIN0938–AO40) received on May 3, court-authorized Title III interceptions con- EC–1791. A communication from the Chief 2007; to the Committee on Health, Education, ducted during calendar year 2006; to the of the Publications and Regulations Branch, Labor, and Pensions. Committee on the Judiciary. Internal Revenue Service, Department of the EC–1800. A communication from the White EC–1811. A communication from the Direc- Treasury, transmitting, pursuant to law, the House Liaison, Department of Health and tor, Administrative Office of the United report of a rule entitled ‘‘Accrual of Interest Human Services, transmitting, pursuant to States Courts, an annual report relative to on Nonperforming Loans’’ (Rev. Rul. 2007–32) law, the report of a vacancy and designation crime victims’ rights; to the Committee on received on May 4, 2007; to the Committee on of an acting officer for the position of Assist- the Judiciary. Finance. ant Secretary for Children and Families, re- EC–1812. A communication from the Acting EC–1792. A communication from the Chief ceived on May 2, 2007; to the Committee on Assistant Attorney General, Office of Legis- of the Publications and Regulations Branch, Health, Education, Labor, and Pensions. lative Affairs, Department of Justice, trans- Internal Revenue Service, Department of the EC–1801. A communication from the Direc- mitting, pursuant to law, a report relative to Treasury, transmitting, pursuant to law, the tor of Legislative Affairs, Railroad Retire- all applications made by the Government report of a rule entitled ‘‘Credit for Alter- ment Board, transmitting, pursuant to law, during calendar year 2006 for authority to native Fuel Vehicle Refueling Property’’ the Board’s report relative to the Sunshine conduct electronic surveillance and physical (Notice 2007–43) received on May 4, 2007; to Act; to the Committee on Homeland Secu- search for foreign purposes under the For- the Committee on Finance. rity and Governmental Affairs. eign Intelligence Surveillance Act of 1978; to EC–1793. A communication from the Com- EC–1802. A communication from the Direc- the Committee on the Judiciary. missioner, Social Security Administration, tor of Legislative Affairs, Railroad Retire- EC–1813. A communication from the Chair, transmitting, pursuant to law, the Adminis- ment Board, transmitting, pursuant to law, U.S. Sentencing Commission, transmitting, tration’s Federal Activities Inventory Re- the Board’s report relative to the No Fear pursuant to law, the report of the amend- form Act Inventory for fiscal year 2006; to Act; to the Committee on Homeland Secu- ments to the federal sentencing guidelines the Committee on Finance. rity and Governmental Affairs. and policy statements made during the 2006– EC–1794. A communication from the Regu- EC–1803. A communication from the Chief 2007 amendment cycle; to the Committee on lations Coordinator, Centers for Medicare of the Border Security Regulations Branch, the Judiciary. and Medicaid Services, Department of Customs and Border Protection, Department EC–1814. A communication from the Dep- Health and Human Services, transmitting, of Homeland Security, transmitting, pursu- uty Assistant Administrator, Office of Diver- pursuant to law, the report of a rule entitled ant to law, the report of a rule entitled ‘‘Ad- sion Control, Department of Justice, trans- ‘‘Medicare Program; Prospective Payment vance Electronic Presentation of Cargo In- mitting, pursuant to law, the report of a rule System for Long-Term Care Hospitals RY formation for Truck Carriers Required to be entitled ‘‘Implementation of the Combat 2008: Annual Payment Rate Updates and Pol- Transmitted Through ACE Truck Manifest Methamphetamine Epidemic Act of 2005 No- icy Changes; and Hospital Direct and Indi- at Ports in the States of Idaho and Mon- tice of Transfers Following Importation or rect Graduate Medical Education Policy tana’’ (CBP Dec. 07–25) received on May 2, Exportation’’ (RIN1117–AB06) received on Changes’’ (RIN0938–AO30) received on May 3, 2007; to the Committee on Homeland Secu- May 2, 2007; to the Committee on the Judici- 2007; to the Committee on Finance. rity and Governmental Affairs. ary. EC–1815. A communication from the Dep- EC–1795. A communication from the Presi- EC–1804. A communication from the Ad- uty Assistant Administrator, Office of Diver- dent and Chief Executive Officer of the Over- ministrator, General Services Administra- sion Control, Department of Justice, trans- seas Private Investment Corporation, trans- tion, transmitting, pursuant to law, mitting, pursuant to law, the report of a rule mitting, the report of draft legislation in- prospectuses that support the Administra- entitled ‘‘Exemption of Chemical Mixtures’’ tended to ‘‘amend the Foreign Assistance tion’s fiscal year 2008 Capital Investment (RIN1117–AA31) received on May 2, 2007; to Act of 1961 with respect to the activities of Program; to the Committee on Homeland Se- the Committee on the Judiciary. the Overseas Private Investment Corpora- curity and Governmental Affairs . EC–1816. A communication from the Direc- tion’’; to the Committee on Foreign Rela- EC–1805. A communication from the Ad- tor, Administrative Office of the United tions. ministrator, General Services Administra- States Courts, transmitting, pursuant to EC–1796. A communication from the Assist- tion, transmitting, pursuant to law, addi- law, the fiscal year 2007 update to the ‘‘Long ant Director-General, Technical Cooperation tional prospectuses that support the Admin- Range Plan for Information Technology in Department, Food and Agriculture Organiza- istration’s fiscal year 2008 Capital Invest- the Federal Judiciary’’ and the ‘‘Judiciary tion of the United Nations, transmitting, ment and Leasing Program; to the Com- Information Technology Fund Annual Re- copies of letters intended to raise awareness mittee on Homeland Security and Govern- port for Fiscal Year 2006’’; to the Committee among parliamentarians and mobilize their mental Affairs. on the Judiciary. support for the efforts of developing coun- EC–1806. A communication from the Asso- EC–1817. A communication from the Sec- tries to foster agriculture and rural develop- ciate General Counsel for General Law, De- retary of Labor, transmitting, the report of ment; to the Committee on Foreign Rela- partment of Homeland Security, transmit- a draft bill intended to ‘‘establish a fee for tions. ting, pursuant to law, the report of a nomi- processing applications for permanent em- EC–1797. A communication from the Assist- nation for the position of Deputy Adminis- ployment certification for immigrant aliens ant General Counsel for Regulations, Office trator for National Preparedness, received on in the United States, to enhance program in- of Elementary and Secondary Education, De- May 2, 2007; to the Committee on Homeland tegrity, and for other purposes’’; to the Com- partment of Education, transmitting, pursu- Security and Governmental Affairs. mittee on the Judiciary.

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD 11386 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 May 7, 2007 EC–1818. A communication from the Direc- victed of dangerous crimes in foreign courts By Mr. ROBERTS (for himself and Mr. tor of Regulatory Management, Veterans to freely possess firearms in the United BROWNBACK): Benefits Administration, Department of Vet- States; to the Committee on the Judiciary. S. Res. 190. A resolution expressing the erans Affairs, transmitting, pursuant to law, By Mr. SCHUMER (for himself, Mrs. condolences of the Nation to the community the report of a rule entitled ‘‘Administration CLINTON, Mrs. BOXER, Mr. OBAMA, Mr. of Greensburg, Kansas; considered and of VA Educational Benefits—Centralized BAYH, Mr. LEAHY, Mr. LEVIN, Ms. agreed to. Certification’’ (RIN2900–AL43) received on LANDRIEU, Mr. FEINGOLD, Mr. LIEBER- By Mr. ALEXANDER (for himself, Mr. May 2, 2007; to the Committee on Veterans’ MAN, Mr. DURBIN, Mr. VOINOVICH, Mr. DODD, and Mr. KENNEDY): Affairs. KENNEDY, Mr. SALAZAR, Mr. COCHRAN, S. Con. Res. 33. A concurrent resolution f Mr. PRYOR, Ms. MIKULSKI, Mr. HAGEL, recognizing the benefits and importance of Mrs. FEINSTEIN, Mr. ENZI, Mr. REID, school-based music education; to the Com- REPORTS OF COMMITTEES Ms. STABENOW, and Mr. REED): mittee on Health, Education, Labor, and The following reports of committees S. 1317. A bill to posthumously award a Pensions. were submitted: congressional gold medal to Constance Baker Motley; to the Committee on Bank- f By Mrs. BOXER, from the Committee on ing, Housing, and Urban Affairs. Environment and Public Works, with amend- By Mr. SCHUMER (for himself, Mr. ments: SMITH, Mr. BOND, Mr. REED, Mrs. ADDITIONAL COSPONSORS S. 496. A bill to reauthorize and improve MURRAY, Mr. CARDIN, and Ms. the program authorized by the Appalachian S. 147 SNOWE): Regional Development Act of 1965 (Rept. No. S. 1318. A bill to amend the Internal Rev- At the request of Mrs. BOXER, the 110–63). enue Code of 1986 to provide an incentive to name of the Senator from Washington By Mr. KERRY, from the Committee on preserve affordable housing in multifamily (Mrs. MURRAY) was added as a cospon- Small Business and Entrepreneurship, with housing units which are sold or exchanged; sor of S. 147, a bill to empower women an amendment in the nature of a substitute: to the Committee on Finance. S. 163. A bill to improve the disaster loan in Afghanistan, and for other purposes. By Mr. INOUYE (for himself and Mr. program of the Small Business Administra- S. 185 AKAKA): tion, and for other purposes (Rept. No. 110– S. 1319. A bill to provide for the conversion At the request of Mr. SPECTER, the 64). of a temporary judgeship for the district of By Mr. BINGAMAN, from the Committee name of the Senator from Washington Hawaii to a permanent judgeship; to the on Energy and Natural Resources, without (Ms. CANTWELL) was added as a cospon- Committee on the Judiciary. amendment: sor of S. 185, a bill to restore habeas S. 1321. An original bill to enhance the en- By Mr. KYL: corpus for those detained by the United S. 1320. A bill to prohibit the rewarding of ergy security of the United States by pro- suicide bombings, to prohibit terrorist States. moting biofuels, energy efficiency, and car- kidnappings and sexual assaults, and for S. 231 bon capture and storage, and for other pur- other purposes; to the Committee on the Ju- poses (Rept. No. 110–65). At the request of Mrs. FEINSTEIN, the diciary. names of the Senator from Rhode Is- f By Mr. BINGAMAN: land (Mr. WHITEHOUSE), the Senator INTRODUCTION OF BILLS AND S. 1321. An original bill to enhance the energy security of the United States by pro- from Vermont (Mr. SANDERS) and the JOINT RESOLUTIONS moting biofuels, energy efficiency, and car- Senator from Hawaii (Mr. INOUYE) were The following bills and joint resolu- bon capture and storage, and for other pur- added as cosponsors of S. 231, a bill to tions were introduced, read the first poses; from the Committee on Energy and authorize the Edward Byrne Memorial and second times by unanimous con- Natural Resources; placed on the calendar. Justice Assistance Grant Program at By Mrs. LINCOLN: fiscal year 2006 levels through 2012. sent, and referred as indicated: S. 1322. A bill to amend the Internal Rev- S. 242 By Mr. DEMINT (for himself, Mr. ALEX- enue Code of 1986 to improve the operation of ANDER, Mr. ALLARD, Mr. BROWNBACK, employee stock ownership plans, and for At the request of Mr. DORGAN, the Mr. BUNNING, Mr. BURR, Mr. CHAM- other purposes; to the Committee on Fi- name of the Senator from Virginia (Mr. BLISS, Mr. COBURN, Mr. CORNYN, Mr. nance. WEBB) was added as a cosponsor of S. CRAIG, Mrs. DOLE, Mr. ENZI, Mr. By Mr. MCCONNELL (for himself, Mr. 242, a bill to amend the Federal Food, GRASSLEY, Mr. INHOFE, Mr. KYL, Mr. PRYOR, Mr. GRAHAM, Mr. BAUCUS, Mr. Drug, and Cosmetic Act with respect to LOTT, Mr. MARTINEZ, Mr. MCCAIN, CORNYN, Mrs. LINCOLN, Mr. ALEX- the importation of prescription drugs, Mr. MCCONNELL, Mr. ROBERTS, Mr. ANDER, Mrs. DOLE, and Mr. BUNNING): SESSIONS, Mr. THOMAS, Mr. VITTER, S. 1323. A bill to prevent legislative and and for other purposes. and Mr. WARNER): regulatory functions from being usurped by S. 276 S. 1312. A bill to amend the National Labor civil liability actions brought or continued At the request of Mrs. FEINSTEIN, the Relations Act to ensure the right of employ- against food manufacturers, marketers, dis- name of the Senator from Arizona (Mr. ees to a secret-ballot election conducted by tributors, advertisers, sellers, and trade as- KYL) was added as a cosponsor of S. 276, the National Labor Relations Board; read sociations for claims of injury relating to a the first time. person’s weight gain, obesity, or any health a bill to strengthen the consequences By Mr. FEINGOLD: condition associated with weight gain or of the fraudulent use of United States S. 1313. A bill to amend the obesity; to the Committee on the Judiciary. or foreign passports and for other pur- Servicemembers Civil Relief Act to provide By Mr. REID (for Mr. OBAMA (for him- poses. relief for servicemembers with respect to self and Mr. HARKIN)): S. 309 contracts for cellular phone service, and for S. 1324. A bill to amend the Clean Air Act At the request of Mr. SANDERS, the other purposes; to the Committee on Vet- to reduce greenhouse gas emissions from erans’ Affairs. transportation fuel sold in the United name of the Senator from Maryland By Mr. FEINGOLD (for himself and Mr. States; to the Committee on Environment (Ms. MIKULSKI) was added as a cospon- BURR): and Public Works. sor of S. 309, a bill to amend the Clean S. 1314. A bill to amend title 38, United f Air Act to reduce emissions of carbon States Code, to improve the outreach activi- dioxide, and for other purposes. ties of the Department of Veterans Affairs, SUBMISSION OF CONCURRENT AND S. 382 and for other purposes; to the Committee on SENATE RESOLUTIONS At the request of Ms. COLLINS, the Veterans’ Affairs. The following concurrent resolutions By Mr. AKAKA: names of the Senator from New York S. 1315. A bill to amend title 38, United and Senate resolutions were read, and (Mrs. CLINTON) and the Senator from States Code, to enhance life insurance bene- referred (or acted upon), as indicated: Pennsylvania (Mr. CASEY) were added fits for disabled veterans, and for other pur- By Mr. REID (for himself and Mr. as cosponsors of S. 382, a bill to amend poses; to the Committee on Veterans’ Af- MCCONNELL): the Public Health Service Act to estab- fairs. S. Res. 189. A resolution to authorize testi- By Mrs. FEINSTEIN (for herself, Mr. mony and legal representation in District of lish a State family support grant pro- DURBIN, and Mr. KENNEDY): Columbia v. Ellen E. Barfield, Eve-Leona gram to end the practice of parents S. 1316. A bill to establish and clarify that Tetaz, Jeffrey A. Leys, and Jerome A. giving legal custody of their seriously Congress does not authorize persons con- Zawada; considered and agreed to. emotionally disturbed children to

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 11387 State agencies for the purpose of ob- S. 616 served in the United States merchant taining mental health services for At the request of Ms. COLLINS, the marine (including the Army Transport those children. name of the Senator from Nevada (Mr. Service and the Naval Transport Serv- S. 392 ENSIGN) was added as a cosponsor of S. ice) during World War II, and for other At the request of Mr. BIDEN, the 616, a bill to promote health care cov- purposes. name of the Senator from Ohio (Mr. erage parity for individuals partici- S. 970 VOINOVICH) was added as a cosponsor of pating in legal recreational activities At the request of Mr. SMITH, the or legal transportation activities. S. 392, a bill to ensure payment of names of the Senator from Texas (Mr. United States assessments for United S. 638 CORNYN), the Senator from Nevada (Mr. Nations peacekeeping operations for At the request of Mr. ROBERTS, the ENSIGN), and the Senator from Mon- the 2005 through 2008 time period. name of the Senator from Mississippi tana (Mr. TESTER), were added as co- S. 413 (Mr. COCHRAN) was added as a cospon- sponsors of S. 970, a bill to impose At the request of Mrs. CLINTON, the sor of S. 638, a bill to amend the Inter- sanctions on Iran and on other coun- name of the Senator from Georgia (Mr. nal Revenue Code of 1986 to provide for tries for assisting Iran in developing a CHAMBLISS) was added as a cosponsor of collegiate housing and infrastructure nuclear program, and for other pur- S. 413, a bill to amend the Bank Hold- grants. poses. ing Company Act of 1956 and the Re- S. 648 S. 971 vised Statutes of the United States to At the request of Mr. CHAMBLISS, the prohibit financial holding companies name of the Senator from Arkansas At the request of Mr. BOND, the name and national banks from engaging, di- (Mr. PRYOR) was added as a cosponsor of the Senator from Minnesota (Mr. rectly or indirectly, in real estate bro- of S. 648, a bill to amend title 10, COLEMAN) was added as a cosponsor of kerage or real estate management ac- United States Code, to reduce the eligi- S. 971, a bill to establish the National tivities, and for other purposes. bility age for receipt of non-regular Institute of Food and Agriculture, to S. 430 military service retired pay for mem- provide funding for the support of fun- At the request of Mr. LEAHY, the bers of the Ready Reserve in active fed- damental agricultural research of the name of the Senator from New York eral status or on active duty for sig- highest quality, and for other purposes. (Mr. SCHUMER) was added as a cospon- nificant periods. S. 1062 sor of S. 430, a bill to amend title 10, S. 678 At the request of Mr. DURBIN, the United States Code, to enhance the na- At the request of Mrs. BOXER, the name of the Senator from Georgia (Mr. tional defense through empowerment name of the Senator from Washington ISAKSON) was added as a cosponsor of S. of the Chief of the National Guard Bu- (Ms. CANTWELL) was added as a cospon- 1062, a bill to establish a congressional reau and the enhancement of the func- sor of S. 678, a bill to amend title 49, commemorative medal for organ do- tions of the National Guard Bureau, United States Code, to ensure air pas- nors and their families. and for other purposes. sengers have access to necessary serv- S. 1113 S. 442 ices while on a grounded air carrier and At the request of Mr. BAYH, the At the request of Mr. DURBIN, the are not unnecessarily held on a ground- name of the Senator from Hawaii (Mr. names of the Senator from Massachu- ed air carrier before or after a flight, setts (Mr. KENNEDY), the Senator from INOUYE) was added as a cosponsor of S. and for other purposes. 442, a bill to provide for loan repay- Massachusetts (Mr. KERRY), the Sen- S. 691 ment for prosecutors and public defend- ator from Maryland (Ms. MIKULSKI), At the request of Mr. CONRAD, the ers. the Senator from Ohio (Mr. BROWN), name of the Senator from New Jersey S. 502 the Senator from New Jersey (Mr. (Mr. LAUTENBERG) was added as a co- At the request of Mr. CRAPO, the MENENDEZ), and the Senator from Min- sponsor of S. 691, a bill to amend title name of the Senator from New Hamp- nesota (Ms. KLOBUCHAR), were added as XVIII of the Social Security Act to im- shire (Mr. GREGG) was added as a co- cosponsors of S. 1113, a bill to facilitate prove the benefits under the Medicare sponsor of S. 502, a bill to repeal the the provision of care and services for program for beneficiaries with kidney sunset on the reduction of capital gains members of the Armed Forces for trau- disease, and for other purposes. rates for individuals and on the tax- matic brain injury, and for other pur- ation of dividends of individuals at cap- S. 901 poses. ital gains rates. At the request of Mr. KENNEDY, the S. 1117 name of the Senator from Georgia (Mr. S. 579 At the request of Mr. BOND, the name ISAKSON) was added as a cosponsor of S. At the request of Mr. REID, the of the Senator from North Dakota (Mr. 901, a bill to amend the Public Health names of the Senator from Ohio (Mr. CONRAD) was added as a cosponsor of S. Service Act to provide additional au- BROWN) and the Senator from Con- 1117, a bill to establish a grant program thorizations of appropriations for the necticut (Mr. LIEBERMAN) were added to provide vision care to children, and health centers program under section as cosponsors of S. 579, a bill to amend for other purposes. 330 of such Act. the Public Health Service Act to au- S. 1161 thorize the Director of the National In- S. 953 At the request of Mr. CRAIG, the stitute of Environmental Health At the request of Mr. ROCKEFELLER, name of the Senator from Mississippi Sciences to make grants for the devel- the name of the Senator from South opment and operation of research cen- Dakota (Mr. JOHNSON) was added as a (Mr. COCHRAN) was added as a cospon- ters regarding environmental factors cosponsor of S. 953, a bill to amend sor of S. 1161, a bill to amend title that may be related to the etiology of title 49, United States Code, to ensure XVIII of the Social Security Act to au- breast cancer. competition in the rail industry, en- thorize the expansion of medicare coverage of medical nutrition therapy S. 588 able rail customers to obtain reliable services. At the request of Mr. NELSON of Flor- rail service, and provide those cus- ida, the names of the Senator from Ar- tomers with a reasonable process for S. 1164 kansas (Mr. PRYOR) and the Senator challenging rate and service disputes. At the request of Mr. CARDIN, the from Arkansas (Mrs. LINCOLN) were S. 961 name of the Senator from Mississippi added as cosponsors of S. 588, a bill to At the request of Mr. NELSON of Ne- (Mr. COCHRAN) was added as a cospon- amend title XVIII of the Social Secu- braska, the name of the Senator from sor of S. 1164, a bill to amend title rity Act to increase the Medicare caps North Dakota (Mr. CONRAD) was added XVIII of the Social Security Act to im- on graduate medical education posi- as a cosponsor of S. 961, a bill to amend prove patient access to, and utilization tions for States with a shortage of resi- title 46, United States Code, to provide of, the colorectal cancer screening ben- dents. benefits to certain individuals who efit under the Medicare Program.

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD 11388 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 May 7, 2007 S. 1233 Senator from Massachusetts (Mr. The purpose of this legislation is to At the request of Mr. AKAKA, the KERRY), the Senator from Tennessee make certain improvements in the in- name of the Senator from Pennsyl- (Mr. CORKER) and the Senator from surance programs available to service- vania (Mr. SPECTER) was added as a co- Virginia (Mr. WARNER) were added as connected disabled veterans. It has two sponsor of S. 1233, a bill to provide and cosponsors of S. Con. Res. 29, a concur- main components. enhance intervention, rehabilitative rent resolution encouraging the rec- First, this legislation would increase treatment, and services to veterans ognition of the Negro Baseball Leagues the maximum amount of Veterans with traumatic brain injury, and for and their players on May 20th of each Mortgage Life Insurance, VMLI, that a other purposes. year. service-connected disabled veteran S. 1237 S. RES. 30 may purchase from the current max- At the request of Mr. LAUTENBERG, At the request of Mr. BIDEN, the imum of $90,000 to $200,000. The VMLI the name of the Senator from New name of the Senator from Virginia (Mr. program was established in 1971 and is York (Mrs. CLINTON) was added as a co- WARNER) was added as a cosponsor of S. available to those service-connected sponsor of S. 1237, a bill to increase Res. 30, a resolution expressing the disabled veterans who have received public safety by permitting the Attor- sense of the Senate regarding the need specially adapted housing grants from ney General to deny the transfer of for the United States to address global VA. In the event of the veteran’s death, firearms or the issuance of firearms climate change through the negotia- the veteran’s family is protected be- and explosives licenses to known or tion of fair and effective international cause the Department of Veterans Af- suspected dangerous terrorists. commitments. fairs will pay the balance of the mortgage owed up to the maximum amount S. 1249 S. RES. 106 of insurance purchased. At the request of Mrs. FEINSTEIN, the At the request of Mr. DURBIN, the name of the Senator from Maryland The need for this increase is obvious name of the Senator from Connecticut in today’s housing market where, dur- (Mr. CARDIN) was added as a cosponsor (Mr. DODD) was added as a cosponsor of ing February, the median sale price of S. 1249, a bill to require the President of S. Res. 106, a resolution calling on the President to ensure that the for- a home in the United States was esti- to close the Department of Defense de- mated by the Bureau of Census to be tention facility at Guantanamo Bay, eign policy of the United States reflects appropriate understanding and $250,000. My legislation would ensure Cuba, and for other purposes. that this important benefit, which S. 1257 sensitivity concerning issues related to human rights, ethnic cleansing, and helps secure the financial future of At the request of Mr. LIEBERMAN, the genocide documented in the United many veterans and their families, name of the Senator from Maryland keeps pace with changes in the econ- States record relating to the Armenian (Ms. MIKULSKI) was added as a cospon- omy. Genocide. sor of S. 1257, a bill to provide the Dis- My bill would also establish a new trict of Columbia a voting seat and the S. RES. 171 program of insurance for service-con- State of Utah an additional seat in the At the request of Ms. COLLINS, the nected disabled veterans that would House of Representatives. name of the Senator from Idaho (Mr. provide up to a maximum of $50,000 in CRAPO) was added as a cosponsor of S. S. 1263 level premium term life insurance cov- Res. 171, a resolution memorializing At the request of Ms. CANTWELL, the erage. This new program would be fallen firefighters by lowering the name of the Senator from Hawaii (Mr. available to service-connected disabled United States flag to half-staff on the INOUYE) was added as a cosponsor of S. veterans who are less than 65 years of day of the National Fallen Firefighter 1263, a bill to protect the welfare of age at the time of application. Memorial Service in Emmitsburg, consumers by prohibiting price gouging Under the new program, eligible serv- Maryland. with respect to gasoline and petroleum ice-connected veterans would be able distillates during natural disasters and AMENDMENT NO. 1009 to purchase, in increments of $10,000, abnormal market disruptions, and for At the request of Mr. HATCH, the up to a maximum amount of $50,000 in other purposes. name of the Senator from Connecticut insurance. Importantly, unlike existing (Mr. DODD) was added as a cosponsor of S. 1276 life insurance programs, the premium amendment No. 1009 intended to be pro- rates for this program would be based At the request of Mr. DURBIN, the posed to S. 1082, a bill to amend the name of the Senator from California on the 2001 Commissioners Standard Federal Food, Drug, and Cosmetic Act Ordinary Basic Table of Mortality (Mrs. FEINSTEIN) was added as a co- to reauthorize and amend the prescrip- sponsor of S. 1276, a bill to establish a rather than the 1941 mortality table tion drug user fee provisions, and for grant program to facilitate the cre- that the Service-Disabled Veterans In- other purposes. surance, S–DVI, program is based upon. ation of methamphetamine precursor AMENDMENT NO. 1043 When an insured veteran reaches age electronic logbook systems, and for At the request of Mr. REED, the name 70, two things would occur under this other purposes. of the Senator from New York (Mrs. new program of insurance. First, the S. 1305 CLINTON) was added as a cosponsor of amount of insurance would be reduced At the request of Mr. COBURN, the amendment No. 1043 intended to be pro- to 20 percent of the amount of insur- names of the Senator from South Caro- posed to S. 1082, a bill to amend the ance in force prior to the veteran’s 70th lina (Mr. DEMINT), the Senator from Federal Food, Drug, and Cosmetic Act birthday. Second, the veteran would Wyoming (Mr. ENZI) and the Senator to reauthorize and amend the prescrip- cease making premium payments. This from Arizona (Mr. KYL) were added as tion drug user fee provisions, and for means that during those years where cosponsors of S. 1305, a bill making other purposes. the family’s financial obligations emergency war appropriations for f would be commensurately higher be- American troops overseas, without un- cause of children, mortgages, and the necessary pork barrel spending and STATEMENTS ON INTRODUCED potential impact of any loss of income, without mandating surrender or re- BILLS AND JOINT RESOLUTIONS the veteran’s family would be able to treat in Iraq, for the fiscal year ending By Mr. AKAKA: purchase the maximum amount of September 30, 2007, and for other pur- S. 1315. A bill to amend title 38, term life insurance. At age 70, when re- poses. United States Code, to enhance life in- sources are likely to be most restricted S. CON. RES. 29 surance benefits for disabled veterans, and the need for substantial insurance At the request of Mr. NELSON of Flor- and for other purposes; to the Com- to take care of a family’s needs after ida, the names of the Senator from mittee on Veterans’ Affairs. the veteran’s death have lessened, the Ohio (Mr. BROWN), the Senator from Mr. AKAKA. Mr. President, today I veteran would no longer have an obli- New York (Mr. SCHUMER), the Senator introduce the Disabled Veterans Insur- gation to continue to pay any insur- from Michigan (Ms. STABENOW), the ance Improvement Act of 2007. ance premiums.

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 11389 My proposal provides that applica- the 2001 Commissioners Standard Ordinary (1) IN GENERAL.—Paragraph (1)(C) of section for this insurance would need to Basic Table of Mortality and interest at the tion 1967(a) of title 38, United States Code, is be submitted by an eligible veteran rate of 4.5 per centum per annum. amended by striking ‘‘section 1965(5)(B) of ‘‘(2) The amount of the premium charged a within 2 years from the date on which this title’’ and inserting ‘‘subparagraph (B) veteran for insurance under this section may or (C) of section 1965(5) of this title’’. VA establishes a service-connected dis- not increase while such insurance is in force (2) CONFORMING AMENDMENT.—Paragraph ability to exist but not later than 10 for such veteran. (5)(C) of such section 1967(a) is amended by years after a veteran’s release from ac- ‘‘(3) The Secretary may not charge a pre- striking ‘‘section 1965(5)(B) of this title’’ and tive duty. It would further provide that mium for insurance under this section for a inserting ‘‘subparagraph (B) or (C) of section during the first year of the program, veteran as follows: 1965(5) of this title’’. any eligible veteran who is presently ‘‘(A) A veteran who has a service-con- (b) REDUCTION IN PERIOD OF COVERAGE FOR nected disability rated as total and is eligi- insured under the S–DVI program could DEPENDENTS AFTER MEMBER SEPARATES.— ble for a waiver of premiums under section Section 1968(a)(5)(B)(ii) of such title is convert that insurance to a policy 1912 of this title. amended by striking ‘‘120 days after’’. under this new program. ‘‘(B) A veteran who is 70 years of age or Both of the proposals contained in older. By Mrs. FEINSTEIN (for herself, the legislation I am introducing today ‘‘(4) Insurance granted under this section Mr. DURBIN, and Mr. KENNEDY) are compatible with the provisions of shall be on a nonparticipating basis and all S. 1316. A bill to establish and clarify S. 643, the proposed Disabled Veterans premiums and other collections therefor shall be credited directly to a revolving fund that Congress does not authorize per- Insurance Act of 2007, which I intro- in the Treasury of the United States, and sons convicted of dangerous crimes in duced on February 15 of this year. any payments on such insurance shall be foreign courts to freely possess fire- I ask unanimous consent that the made directly from such fund. Appropria- arms in the United States; to the Com- text of the bill be printed in the tions to such fund are hereby authorized. mittee on the Judiciary. RECORD. ‘‘(5) Administrative costs to the Govern- Mrs. FEINSTEIN. Mr. President, There being no objection, the bill was ment for the costs of the program of insur- today I am pleased to join with Sen- ance under this section shall be paid from ordered to be printed in the RECORD, as premiums credited to the fund under para- ators DURBIN and KENNEDY in intro- follows: graph (4), and payments for claims against ducing the Firearms by Foreign Con- S. 1315 the fund under paragraph (4) for amounts in victs Clarification Act. This bill would Be it enacted by the Senate and House of Rep- excess of amounts credited to such fund close a loophole that exists in current resentatives of the United States of America in under that paragraph (after such administra- law, by stating that people convicted of Congress assembled, tive costs have been paid) shall be paid from foreign felonies and domestic violence, SECTION 1. SHORT TITLE. appropriations to the fund. just like people convicted of similar PPLICATION REQUIRED.—An eligible This Act may be cited as the ‘‘Disabled ‘‘(f) A veteran seeking insurance under this section American crimes, cannot possess fire- Veterans Insurance Improvement Act of shall file with the Secretary an application arms in the United States. 2007’’. therefor. Such application shall be filed not I imagine that most Americans may SEC. 2. ENHANCEMENT OF VETERANS’ MORT- later than the earlier of— be surprised, as I was, to learn that for- GAGE LIFE INSURANCE. ‘‘(1) the end of the two-year period begin- eign felons actually have greater gun Section 2106(b) of title 38, United States ning on the date on which the Secretary no- Code, is amended by striking ‘‘$90,000’’ and rights than American citizens who tifies the veteran that the veteran has a inserting ‘‘$200,000’’. have been convicted of felonies and do- service-connected disability; and mestic violence in our own courts. Our SEC. 3. LEVEL-PREMIUM TERM LIFE INSURANCE ‘‘(2) the end of the 10-year period beginning FOR VETERANS WITH SERVICE-CON- on the date of the separation of the veteran country has been trying to keep guns NECTED DISABILITIES. from the Armed Forces, whichever is ear- out of the hands of criminals for at (a) IN GENERAL.—Chapter 19 of title 38, lier.’’. least the last 40 years, since the land- United States Code, is amended by inserting (b) CLERICAL AMENDMENT.—The table of mark Gun Control Act of 1968. Unfortu- after section 1922A the following new sec- sections at the beginning of chapter 19 of tion: nately, in 2005 the Supreme Court cre- such title is amended by inserting after the ated a gaping loophole in this long- ‘‘§ 1922B. Level-premium term life insurance item related to section 1922A the following standing felon-in-possession law. for veterans with service-connected disabil- new item: ities That happened in the case of Small v. ‘‘1922B. Level-premium term life insurance United States, where a majority of the ‘‘(a) IN GENERAL.—In accordance with the for veterans with service-con- provisions of this section, the Secretary nected disabilities.’’. Court essentially held that foreign convictions don’t count for the purpose of shall grant insurance to each eligible vet- (c) EXCHANGE OF SERVICE DISABLED VET- eran who seeks such insurance against the ERANS’ INSURANCE.—During the one-year pe- being a felon in possession of a firearm. death of such veteran occurring while such riod beginning on the date of the enactment This was not because the Justices insurance is in force. of this Act, any veteran insured under sec- somehow thought that exempting for- ‘‘(b) ELIGIBLE VETERANS.—For purposes of tion 1922 of title 38, United States Code, who eign convictions from our felon-in-pos- this section, an eligible veteran is any vet- is eligible for insurance under section 1922B session laws was wise public policy. In eran less than 65 years of age who has a serv- of title 38, United States Code (as added by fact, as Justice Thomas noted in his ice-connected disability. subsection (a)), may exchange insurance cov- ‘‘(c) AMOUNT OF INSURANCE.—(1) Subject to erage under such section 1922 for insurance dissent, ‘‘the majority’s interpretation paragraph (2), the amount of insurance coverage under such section 1922B. permits those convicted overseas of granted an eligible veteran under this sec- SEC. 4. ADMINISTRATIVE COSTS OF SERVICE DIS- murder, rape, assault, kidnapping, ter- tion shall be $50,000 or such lesser amount as ABLED VETERANS’ INSURANCE. rorism and other dangerous crimes to the veteran shall elect. The amount of insur- Section 1922(a) of title 38, United States possess firearms freely in the United ance so elected shall be evenly divisible by Code, is amended by striking ‘‘date of such States.’’ $10,000. insurance’’ and inserting ‘‘date of such insur- The problem in Small was that a ma- ‘‘(2) The aggregate amount of insurance of ance; (5) administrative costs to the Govern- jority of the Court felt that our 1968 an eligible veteran under this section, sec- ment for the costs of the program of insur- tion 1922 of this title, and section 1922A of ance under this section shall be paid from law had not been written clearly this title may not exceed $50,000. premiums credited to the fund under para- enough. Although Congress had said ‘‘(d) REDUCED AMOUNT FOR VETERANS AGE graph (4), and payments for claims against that a person convicted of a felony ‘‘in 70 OR OLDER.—In the case of a veteran in- the fund under paragraph (4) for amounts in any court’’ could not possess a firearm, sured under this section who turns age 70, excess of amounts credited to such fund the majority said that this phrase, the amount of insurance of such veteran under that paragraph (after such administra- ‘‘any court,’’ might have been meant to under this section after the date such vet- tive costs have been paid) shall be paid from apply only to ‘‘any American court’’ eran turns age 70 shall be the amount equal appropriations to the fund’’. rather than what the legislation actu- to 20 percent of the amount of insurance of SEC. 5. MODIFICATION OF SERVICEMEMBERS’ the veteran under this section as of the day GROUP LIFE INSURANCE COVERAGE. ally said—‘‘any court.’’ before such date. (a) EXPANSION OF SERVICEMEMBERS’ GROUP The Federal felon-in-possession law ‘‘(e) PREMIUMS.—(1) Premium rates for in- LIFE INSURANCE TO INCLUDE CERTAIN MEM- had already been applied to foreign fel- surance under this section shall be based on BERS OF INDIVIDUAL READY RESERVE.— ons in several prosecutions since 1968,

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD 11390 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 May 7, 2007 but the Court found unpersuasive both all of his convictions had occurred in SEC. 3. PENALTIES. this history and the statute’s express foreign courts, his felon-in-possession Section 924(e)(2)(A)(ii) of title 18, United language. Dissenting Justices Thomas, charge was eventually thrown out of States Code, is amended— (1) by striking ‘‘an offense under State Scalia and Kennedy accused the major- court. That is simply not a tolerable law’’ and inserting ‘‘an offense under State ity of creating a novel canon of legal state of affairs in a post- 9/11 world. or foreign law’’; and construction that will ‘‘wreak havoc’’ Particularly in these times, America (2) by inserting before the semicolon the with established rules of cannot continue to give foreign-con- following: ‘‘, except that a foreign conviction extraterritorial construction. But victed murderers, rapists and even ter- shall not constitute a conviction of such a whatever we may think of the Court’s rorists an unlimited right to buy fire- crime if the convicted person establishes analysis, there is no doubt that the arms in the United States, including that the foreign conviction resulted from a Small decision is now the law of the even assault weapons that they might denial of fundamental fairness that would violate due process if committed in the land. And if we want to close this legal try to send to colleagues abroad, or use United States or from conduct that would be loophole, it is clear that we need to to develop a cache of weapons to use to legal if committed in the United States’’. pass some clarifying legislation. The kill our citizens within the United bill I introduce today would do just States. American citizens convicted of By Mr. INOUYE (for himself and that. identical crimes at home are denied Mr. AKAKA): Under this bill, section 921 of Title 18, the ability to buy and possess such S. 1319. A bill to provide for the con- the definitions section, would be firearms, and the time has come to fix version of a temporary judgeship for amended to state clearly that ‘‘[t]he this loophole so that foreign convicts the district of Hawaii to a permanent term ‘any court’ includes any Federal, are placed in the same category. judgeship; to the Committee on the Ju- State, or foreign court.’’ Similar I urge my colleagues to support this diciary. changes would be made in other sec- legislation. I ask unanimous consent Mr. INOUYE. Mr. President, I rise tions of the Gun Control Act, where that the text of the bill be printed in today to support this bill addressing there are references to ‘‘state offenses’’ the RECORD. the need for a fourth permanent judge- or ‘‘offenses under state law, the bill There being no objection, the bill was ship for the District of Hawaii. would expand these terms to include ordered to be printed in the RECORD, as Hawaii currently has four active Dis- convictions of foreign offenses and of- follows: trict Court judges. However, if any of fenses under foreign law. S. 1316 its four active judges either accepts In other words, the bill would make Be it enacted by the Senate and House of Rep- senior status and retires, or becomes clear that if someone is convicted in a otherwise unable to serve, the District foreign court of an offense that would resentatives of the United States of America in Congress assembled, of Hawaii will not be able to replace have disqualified him from possessing a that vacancy with another active gun if that conviction had been handed SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Firearms by judge. This will pose a problem for not down in the U.S., the same laws relat- Foreign Convicts Clarification Act of 2007’’. only the active judges, as their working to gun possession will be applied. load will increase, but also for the pub- The only exception will be if there is SEC. 2. DEFINITIONS. (a) COURTS.—Section 921(a) of title 18, lic because an unfilled vacancy may reason to think the conviction entered United States Code, is amended by adding at have a disastrous effect on our court’s by the foreign jurisdiction is somehow the end the following: caseloads. This bill ensures the contin- invalid. ‘‘(36) The term ‘any court’ includes any ued efficiency of Hawaii’s District In that situation, this bill would cre- Federal, State, or foreign court.’’. court system. ate an exemption, allowing a person (b) EXCLUSION OF CERTAIN FELONIES.—Sec- Thank you for allowing me this op- convicted in a foreign jurisdiction to tion 921(a)(20) of title 18, United States Code, portunity to share with you the impor- challenge its validity. Under the bill, a is amended— tance of this legislation. foreign conviction will not constitute a (1) in subparagraph (A), by striking ‘‘any I ask unanimous consent that the ‘‘conviction’’ for purposes of the felon- Federal or State offenses’’ and inserting ‘‘any Federal, State, or foreign offenses’’; text of the bill be printed in the in-possession laws, if the foreign con- (2) in subparagraph (B), by striking ‘‘any RECORD. viction either (1) resulted from a denial State offense classified by the laws of the There being no objection, the text of of fundamental fairness that would vio- State’’ and inserting ‘‘any State or foreign the bill was ordered to be printed in late due process if committed in the offense classified by the laws of that juris- the RECORD, as follows: United States, or (2) if the conduct on diction’’; and S. 1319 (3) in the matter following subparagraph which the foreign conviction was based Be it enacted by the Senate and House of Rep- (B), in the first sentence, by inserting before would be legal if committed in the resentatives of the United States of America in the period the following: ‘‘, except that a for- United States. Congress assembled, I expect that these circumstances eign conviction shall not constitute a conviction of such a crime if the convicted per- SECTION 1. CONVERSION OF TEMPORARY will be fairly rare, but the bill does JUDGESHIP TO PERMANENT JUDGE- son establishes that the foreign conviction SHIP FOR THE DISTRICT OF HAWAII. take them into account and will pro- resulted from a denial of fundamental fair- vide a complete defense to anyone with (a) IN GENERAL.—The existing judgeship for ness that would violate due process if com- the district of Hawaii authorized by section an invalid foreign conviction. And in mitted in the United States or from conduct 203(c) of the Judicial Improvements Act of any event, it is clear that we should that would be legal if committed in the 1990 (28 U.S.C. 133 note; Public Law 101–650; not keep in place a policy in which the United States’’. 104 Stat. 5089) shall, as of the date of enact- tail wags the dog. The current state of (c) DOMESTIC VIOLENCE CRIMES.—Section ment of this Act, be authorized under section the law is that we essentially treat 921(a)(33) of title 18, United States Code, is 133 of title 28, United States Code, and the amended— every foreign conviction as invalid. incumbent in that office shall hold the office (1) in subparagraph (A), by striking ‘‘sub- under section 133 of title 28, United States And that is simply illogical. paragraph (C)’’ and inserting ‘‘subparagraph An example of why we need to fix Code, as amended by this Act. (B)’’; and (b) TABLES.—In order that the table con- this law occurred in 2001, when U.S. (2) in subparagraph (B)(ii), by striking ‘‘if tained in section 133(a) of title 28, United agents with bulletproof vests raided the conviction has’’ and inserting the fol- States Code, will reflect the change in the the New York hotel room of suspect lowing: ‘‘if the conviction— total number of permanent district judge- Rohan Ingram. Ingram was found with ‘‘(I) occurred in a foreign jurisdiction and ships authorized as a result of subsection (a) 13 firearms and had an extensive crimi- the convicted person establishes that the for- of this section, the item relating to Hawaii is nal background, including at least 18 eign conviction resulted from a denial of fun- amended to read as follows: damental fairness that would violate due ‘‘Hawaii ...... 4’’. convictions for crimes such as assault process if committed in the United States or and use of firearms during crimes. Law from conduct that would be legal if com- Mr. AKAKA. Mr. President, I rise enforcement had flagged him as mitted in the United States; or today with my colleague from Hawaii, ‘‘armed and dangerous.’’ But because ‘‘(II) has’’. Senator DANIEL INOUYE, to introduce

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 11391 legislation to convert a temporary main active in Hawaii to address the and 75 percent lower than gasoline. judgeship for the U.S. District Court needs of the District Court of Hawaii This requirement signals to investors for the District of Hawaii to a perma- and the people of Hawaii. that there will be a market for ad- nent position. vanced fuels with ultra-low carbon There are currently 3 permanent Fed- By Mr. REID (for Mr. OBAMA (for emissions, but still allows significant eral judgeships and one temporary Fed- himself and Mr. HARKIN)): leeway for fuel blenders to choose the eral judgeship in the U.S. District S. 1324. A bill to amend the Clean Air optimal mix of fuels to meet their Court, District of Hawaii. The Judicial Act to reduce greenhouse gas emissions overall greenhouse gas emissions tar- Improvement Act of 1990, P.L. 101–650 from transportation fuel sold in the gets. created the temporary position and United States; to the Committee on Because the NLCFS will encourage a mandates that the first vacancy occur- Environment and Public Works. rapid expansion of our domestic renew- ring in Hawaii after October 2004 can- Mr. OBAMA. Mr. President, we heard able fuels production capacity, the bill not be filled. The District of Hawaii from a panel of top climate change ex- contains provisions that protect sen- will be left with only 3 Federal judge perts from around the world earlier sitive areas like national wildlife ref- positions upon a judge vacating his or this year that global warming is a cer- uges, national parks, old-growth for- her position. The loss of a judgeship tainty and that most of the tempera- ests, national grasslands, and national will severely impact Hawaii’s judicial ture increase is very likely due to ris- forests. The bill calls for an assessment system. ing greenhouse gas concentrations. Re- of the impacts of the expansion com- In March 2007, the Judicial Con- ducing America’s dependence on oil pared to the business-as-usual scenario ference recommended that Congress should be one of our top priorities, but of continued reliance on petroleum- convert 5 temporary judgeships, one of any policy that affects our production based transportation fuels, and the de- which is in the District of Hawaii, to and consumption of fuel must also ad- velopment of standards by 2012 to pro- permanent status. Their recommenda- dress the pressing problem of global tect air, land, and water quality. This tion is largely based on the significant warming. Because the oil used in the approach strikes a balance between the increase in weighted filings that would U.S. transportation sector accounts for need to rapidly expand our domestic re- occur if a judgeship is lost. The Con- about one-third of our nation’s emis- newable fuel production capacity and ference projects that the current sions of greenhouse gases, we must the need to ensure sustainability and weighted filing of 380 per judgeship adopt a policy that curtails these emis- environmental protection. I urge my would climb to 507 per judgeship, which sions in an effective manner. colleagues to support the National is 18 percent above the Conference Today, along with Senator HARKIN, I Low-Carbon Fuel Standard Act. am introducing the National Low-Car- standard, should the District of Hawaii f lose a judgeship. bon Fuel Standard Act of 2007, which In addition, the Conference reported calls for a reduction in the lifecycle SUBMITTED RESOLUTIONS that the median time from filing to greenhouse gas emissions of the trans- disposition for criminal cases in Ha- portation fuels sold in the U.S. of 5 per- waii has continued to increase from cent in 2015 and 10 percent in 2020. SENATE RESOLUTION 189—TO AU- 1999 to 2005, making Hawaii’s case proc- These reductions can play an impor- THORIZE TESTIMONY AND essing times the second slowest in the tant role in stemming the dangerous LEGAL REPRESENTATION IN DIS- nation. Since 2001, the District Court of transformation of our climate. TRICT OF COLUMBIA v. ELLEN E. Hawaii has completed an average of 50 According to one estimate, the Na- BARFIELD, EVE-LEONA TETAZ, trials per year, significantly less than tional Low-Carbon Fuel Standard, JEFFREY A. LEYS, AND JEROME the national average. Although Hawaii NLCFS, would reduce annual green- A. ZAWADA has 4 judgeships, 2 are senior judges house gas emissions by about 180 mil- Mr. REID (for himself and Mr. who only handle a small number of lion metric tons in 2020. This is the MCCONNELL) submitted the following civil cases. The limited assistance pro- equivalent of taking over 30 million resolution; which was considered and vided by these senior judges is likely to cars off the road. If enacted in conjunc- agreed to: decline further in the near future. tion with the bill I introduced earlier S. RES. 189 These judges are not able to retire due this year to raise fuel efficiency stand- Whereas, in the cases of District of Colum- to the constraints put forth by the loss ards, the NLCFS would reduce green- bia v. Ellen E. Barfield (Cr. No. 07–3133), Eve- of the temporary judgeship seat, should house gas emissions by about 530 mil- Leona Tetaz (Cr. No. 07–3144), Jeffrey A. Leys one of the current judges decide to lion metric tons in 2020, the equivalent (Cr. No. 07–5009), and Jerome A. Zawada (Cr. leave. Furthermore, receiving assist- of taking over 50 million cars off the No. 07–5088), pending in the Superior Court ance from visiting judges is made dif- road. for the District of Columbia, testimony has ficult by the high cost of travel to Ha- The effect on our oil imports would been requested from Katie Landi, an em- also be dramatic. By making greater ployee in the office of Senator John McCain; waii. For these, and many other rea- Whereas, pursuant to sections 703(a) and sons, the Judicial Council of the Ninth use of home-grown, renewable fuels, 704(a)(2) of the Ethics in Government Act of Circuit supports the Judicial Con- the NLCFS could reduce the annual 1978, 2 U.S.C. 288b(a) and 288c(a)(2), the Sen- ference’s recommendation to convert consumption of gasoline derived from ate may direct its counsel to represent em- this temporary judgeship to a perma- foreign oil imports by about 30 billion ployees of the Senate with respect to any nent position. gallons in 2020. subpoena, order, or request for testimony re- I share the concern of many in Ha- The NLCFS will greatly expand the lating to their official responsibilities; waii’s legal community that the lack market for domestic renewable fuels Whereas, by the privileges of the Senate of of a fourth permanent position will such as corn-based ethanol, cellulosic the United States and Rule XI of the Stand- ing Rules of the Senate, no evidence under delay the timely issuance of justice in ethanol, and biodiesel. By one esti- the control or in the possession of the Senate matters pending before the U.S. Dis- mate, the NLCFS will create a market may, by the judicial or administrative proc- trict Court, District of Hawaii. This is for over 40 billion gallons of biofuels by ess, be taken from such control or possession a disservice to all. The economic im- 2020. To provide near-term demand cer- but by permission of the Senate; pact of extending trials and prolonging tainty for renewable fuel producers, Whereas, when it appears that evidence time spent in jail will burden Hawaii’s the bill expands the Renewable Fuel under the control or in the possession of the taxpayers. Moreover, the lack of time- Standard established in the Energy Senate may promote the administration of ly judicial review will have negative Policy Act of 2005 to require 15 billion justice, the Senate will take such action as will promote the ends of justice consistent social impacts by prolonging the dis- gallons of renewable fuel by 2012. with the privileges of the Senate: Now, ruption in individuals’ families and The bill also contains a minimum re- therefore, be it lives. The bill we introduce today quirement for fuels with lifecycle Resolved, That Katie Landi and any other would ensure 4 Federal judgeships re- greenhouse gas emissions that are 50 employees of Senator McCain’s office from

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD 11392 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 May 7, 2007 whom testimony may be required are au- compared to their peers in other commu- SA 1059. Mr. SESSIONS (for himself, Mrs. thorized to testify in the cases of District of nities; LINCOLN, Mr. COCHRAN, Mr. PRYOR, Mr. LOTT, Columbia v. Ellen E. Barfield, Eve-Leona Whereas the arts are a core academic sub- and Mr. SHELBY) submitted an amendment Tetaz, Jeffrey A. Leys, and Jerome A. ject, and music is an essential element of the intended to be proposed by him to the bill S. Zawada, except concerning matters for arts; and 1082, supra; which was ordered to lie on the which a privilege should be asserted. Whereas every student in the United table. SEC. 2. The Senate Legal Counsel is author- States should have an opportunity to reap SA 1060. Mr. HATCH (for himself and Mr. ized to represent Katie Landi and other em- the benefits of music education: Now, there- KENNEDY) submitted an amendment intended ployees of Senator McCain’s staff in the ac- fore, be it to be proposed by him to the bill S. 1082, tions referenced in section one of this resolu- Resolved by the Senate (the House of Rep- supra; which was ordered to lie on the table. tion. resentatives concurring), That it is the sense f of Congress that music education grounded f in rigorous instruction is an important com- TEXT OF AMENDMENTS SENATE RESOLUTION 190—EX- ponent of a well-rounded academic cur- SA 1045. Mr. REID (for Mr. OBAMA) PRESSING THE CONDOLENCES OF riculum and should be available to every stu- submitted an amendment intended to dent in every school in the United States. THE NATION TO THE COMMU- be proposed by Mr. REID to the bill S. NITY OF GREENSBURG, KANSAS f 1082, to amend the Federal Food, Drug, Mr. ROBERTS (for himself and Mr. AMENDMENTS SUBMITTED AND and Cosmetic Act to reauthorize and BROWNBACK) submitted the following PROPOSED amend the prescription drug user fee resolution, which was considered and SA 1045. Mr. REID (for Mr. OBAMA) sub- provisions, and for other purposes; agreed to: mitted an amendment intended to be pro- which was ordered to lie on the table; S. RES. 190 posed by Mr. REID to the bill S. 1082, to as follows: amend the Federal Food, Drug, and Cosmetic Whereas, on Friday, May 4, 2007, a tornado At the appropriate place, insert the fol- Act to reauthorize and amend the prescrip- struck the community of Greensburg, Kan- lowing: tion drug user fee provisions, and for other sas; SEC. ll. IMPROVING GENETIC TEST SAFETY purposes; which was ordered to lie on the Whereas this tornado was classified as an AND QUALITY. table. Not later than 30 days after the date of en- EF-5, the strongest possible type, by the Na- SA 1046. Ms. STABENOW (for herself, Mr. tional Weather Service, with winds esti- actment of this Act, the Secretary shall KOHL, Mr. HATCH, and Mr. COBURN) sub- enter into a contract with the Institute of mated at 205 miles per hour; mitted an amendment intended to be pro- Whereas the tornado is the first EF-5 on Medicine to conduct a study to assess the posed by her to the bill S. 1082, supra; which overall safety and quality of genetic tests the Enhanced Fujita scale, and the first F-5 was ordered to lie on the table. on the previous scale since 1999; and prepare a report that includes rec- SA 1047. Mr. ROBERTS (for himself, Mr. ommendations to improve Federal oversight Whereas approximately 95 percent of HARKIN, Mr. BURR, and Mr. COBURN) sub- Greensburg is destroyed; and regulation of genetic tests. Such study mitted an amendment intended to be pro- shall take into consideration relevant re- Whereas 1,500 residents have been displaced posed by him to the bill S. 1082, supra; which from their homes; and ports by the Secretary’s Advisory Com- was ordered to lie on the table. mittee on Genetic Testing and other groups Whereas, in response to the declaration by SA 1048. Ms. SNOWE submitted an amend- and shall be completed not later than 1 year the President of a major disaster, the Ad- ment intended to be proposed by her to the after the date on which the Secretary en- ministrator of the Federal Emergency Man- bill S. 1082, supra; which was ordered to lie tered into such contract. agement Agency has made Federal disaster on the table. assistance available for the State of Kansas SA 1049. Mr. ENZI (for himself and Mr. to assist in local recovery efforts: Now, KENNEDY) submitted an amendment intended SA 1046. Ms. STABENOW (for herself, therefore, be it to be proposed by him to the bill S. 1082, Mr. KOHL, Mr. HATCH, and Mr. COBURN) Resolved, That the Senate expresses the supra; which was ordered to lie on the table. submitted an amendment intended to condolences of the Nation to the community SA 1050. Mr. ENZI (for himself and Mr. be proposed by her to the bill S. 1082, to of Greensburg, Kansas, and its gratitude to KENNEDY) submitted an amendment intended amend the Federal Food, Drug, and local, State, and National law enforcement to be proposed by him to the bill S. 1082, Cosmetic Act to reauthorize and amend and emergency responders conducting search supra; which was ordered to lie on the table. and rescue operations. SA 1051. Mr. STEVENS (for himself and the prescription drug user fee provi- Ms. MURKOWSKI) submitted an amendment sions, and for other purposes; which f intended to be proposed by him to the bill S. was ordered to lie on the table; as fol- SENATE CONCURRENT RESOLU- 1082, supra; which was ordered to lie on the lows: TION 33—RECOGNIZING THE BEN- table. At the appropriate place, insert the fol- SA 1052. Mr. CORKER submitted an amend- lowing: EFITS AND IMPORTANCE OF ment intended to be proposed by him to the ll SCHOOL-BASED MUSIC EDU- bill S. 1082, supra; which was ordered to lie SEC. . CITIZENS PETITIONS AND PETITIONS FOR STAY OF AGENCY ACTION. CATION on the table. Section 505 of the Federal Food, Drug, and SA 1053. Mr. ENZI (for himself, Mr. KEN- Mr. ALEXANDER (for himself, Mr. Cosmetic Act (21 U.S.C. 355), as amended by NEDY, Mr. DODD, and Mrs. CLINTON) sub- DODD, and Mr. KENNEDY) submitted the mitted an amendment intended to be pro- this Act, is amended by adding at the end following concurrent resolution, which posed by him to the bill S. 1082, supra; which the following: ‘‘(s) CITIZEN PETITIONS AND PETITIONS FOR was referred to the Committee on was ordered to lie on the table. Health, Education, Labor, and Pen- SA 1054. Mr. FEINGOLD submitted an STAY OF AGENCY ACTION.— sions: amendment intended to be proposed by him ‘‘(1) IN GENERAL.— to the bill S. 1082, supra; which was ordered ‘‘(A) NO DELAY OF CONSIDERATION OR AP- S. CON. RES. 33 to lie on the table. PROVAL.— Whereas school music programs enhance SA 1055. Mr. LEVIN submitted an amend- ‘‘(i) IN GENERAL.—With respect to a pend- intellectual development and enrich the aca- ment intended to be proposed by him to the ing application submitted under subsection demic environment for students of all ages; bill S. 1082, supra; which was ordered to lie (b)(2) or (j), if a petition is submitted to the Whereas students who participate in school on the table. Secretary that seeks to have the Secretary music programs are less likely to be involved SA 1056. Mr. REED (for himself and Mr. take, or refrain from taking, any form of ac- with drugs, gangs, or alcohol, and have bet- ISAKSON) submitted an amendment intended tion relating to the approval of the applica- ter attendance in school; to be proposed by him to the bill S. 1082, tion, including a delay in the effective date Whereas the skills gained through sequen- supra; which was ordered to lie on the table. of the application, clauses (ii) and (iii) shall tial music instruction, including discipline SA 1057. Mr. GREGG submitted an amend- apply. and the ability to analyze, solve problems, ment intended to be proposed by him to the ‘‘(ii) NO DELAY OF CONSIDERATION OR AP- communicate, and work cooperatively, are bill S. 1082, supra; which was ordered to lie PROVAL.—Except as provided in clause (iii), vital for success in the 21st century work- on the table. the receipt and consideration of a petition place; SA 1058. Mr. DEMINT (for himself, Mr. described in clause (i) shall not delay consid- Whereas the majority of students attend- COBURN, and Mr. MARTINEZ) submitted an eration or approval of an application sub- ing public schools in inner city neighbor- amendment intended to be proposed by him mitted under subsection (b)(2) or (j). hoods have virtually no access to music edu- to the bill S. 1082, supra; which was ordered ‘‘(iii) NO DELAY OF APPROVAL WITHOUT DE- cation, which places them at a disadvantage to lie on the table. TERMINATION.—The Secretary shall not delay

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 11393

approval of an application submitted under known to the petitioner which are unfavor- COBURN) submitted an amendment in- subsection (b)(2) or (j) while a petition de- able to the petition; and (c) information tended to be proposed by him to the scribed in clause (i) is reviewed and consid- upon which I have based the action requested bill S. 1082, to amend the Federal Food, ered unless the Secretary determines, not herein first became known to the party on Drug, and Cosmetic Act to reauthorize whose behalf this petition is filed on or later than 25 business days after the submis- and amend the prescription drug user sion of the petition, that a delay is necessary about llllllllll. I received or ex- to protect the public health. pect to receive payments, including cash and fee provisions, and for other purposes; ‘‘(B) DETERMINATION OF DELAY.—With re- other forms of consideration, from the fol- which was ordered to lie on the table; spect to a determination by the Secretary lowing persons or organizations to file this as follows: under subparagraph (A)(iii) that a delay is petition: llllllll. I verify under pen- Strike subparagraphs (E) and (F) of section necessary to protect the public health the alty of perjury that the foregoing is true and 505(o)(5) of the Federal Food, Drug, and Cos- following shall apply: correct.’, with the date of the filing of such metic Act, as added by this Act, and insert ‘‘(i) Not later than 5 days after making petition and the signature of the petitioner the following: such determination, the Secretary shall pub- inserted in the first and second blank space, ‘‘(E) SPECIFIC DISCLOSURES.— lish on the Internet website of the Food and respectively. ‘‘(i) SERIOUS RISK; SAFETY PROTOCOL.—If Drug Administration a detailed statement ‘‘(B) SUPPLEMENTAL INFORMATION.—The the Secretary determines that advertise- providing the reasons underlying the deter- Secretary shall not accept for review any ments lacking a specific disclosure about a mination. The detailed statement shall in- supplemental information or comments on a serious risk listed in the labeling of a drug or clude a summary of the petition and competition unless the party submitting such in- about a protocol to ensure safe use described ments and supplements, the specific sub- formation or comments does so in written in the labeling of the drug would be false or stantive issues that the petition raises which form and that the subject document is signed misleading, the risk evaluation and mitiga- need to be considered prior to approving a and contains the following verification: ‘I tion strategy for the drug may require that pending application submitted under sub- certify that, to my best knowledge and be- the applicant include in advertisements of section (b)(2) or (j), and any clarifications lief: (a) I have not intentionally delayed sub- the drug such disclosure. and additional data that is needed by the mission of this document or its contents; and ‘‘(ii) DATE OF APPROVAL.—If the Secretary Secretary to promptly review the petition. (b) the information upon which I have based determines that advertisements lacking a ‘‘(ii) Not later than 10 days after making the action requested herein first became specific disclosure of the date a drug was ap- such determination, the Secretary shall pro- known to me on or about llllllllll. proved and disclosure of a serious risk would vide notice to the sponsor of the pending ap- I received or expect to receive payments, in- be false or misleading, the risk evaluation plication submitted under subsection (b)(2) cluding cash and other forms of consider- and mitigation strategy for the drug may re- or (j) and provide an opportunity for a meet- ation, from the following persons or organi- quire that the applicant include in advertise- ing with appropriate staff as determined by zations to submit this information or its ments of the drug such disclosure. the Commissioner to discuss the determina- contents: lllll. I verify under penalty of ‘‘(iii) SPECIFICATION OF ADVERTISEMENTS.— tion. perjury that the foregoing is true and cor- The Secretary may specify the advertise- ‘‘(2) TIMING OF FINAL AGENCY ACTION ON PE- rect.’, with the date of the submission of ments required to include a specific disclo- TITIONS.— such document and the signature of the peti- sure under clause (i) or (ii). ‘‘(A) IN GENERAL.—Notwithstanding a de- tioner inserted in the first and second blank ‘‘(iv) REQUIRED SAFETY SURVEILLANCE.—If termination made by the Secretary under space, respectively. the approved risk evaluation and mitigation paragraph (1)(A)(iii), the Secretary shall ‘‘(4) ANNUAL REPORT ON DELAYS IN APPROV- strategy for a drug requires the specific dis- take final agency action with respect to a ALS PER PETITION.—The Secretary shall an- closure under clause (ii), the Secretary petition not later than 180 days of submis- nually submit to the Congress a report that shall— sion of that petition unless the Secretary de- specifies— ‘‘(I) consider identifying and assessing all termines, prior to the date that is 180 days ‘‘(A) the number of applications under sub- serious risks of using the drug to be a pri- after the date of submission of the petition, section (b)(2) and (j) that were approved dur- ority safety question under subsection that a delay is necessary to protect the pub- ing the preceding 1-year period; (k)(3)(B); lic health. ‘‘(B) the number of petitions that were sub- ‘‘(II) not less frequently than every 3 ‘‘(B) DETERMINATION OF DELAY.—With re- mitted during such period; months, evaluate the reports under sub- spect to a determination by the Secretary ‘‘(C) the number of applications whose ef- section (k)(1) and the routine active surveil- under subparagraph (A) that a delay is nec- fective dates were delayed by petitions dur- lance as available under subsection (k)(3) essary to protect the public health the fol- ing such period and the number of days by with respect to such priority drug safety lowing shall apply: which the applications were so delayed; and question to determine whether serious risks ‘‘(i) Not later than 5 days after making the ‘‘(D) the number of petitions that were that might occur among patients expected to determination under subparagraph (A), the filed under this subsection that were deemed be treated with the drug have been ade- Secretary shall publish on the Internet by the Secretary under paragraph (1)(A)(iii) quately identified and assessed; website of the Food and Drug Administra- to require delaying an application under sub- ‘‘(III) remove such specific disclosure re- tion a detailed statement providing the rea- section (b)(2) or (j) and the number of days quirement as an element of such strategy if sons underlying the determination. The de- by which the applications were so delayed. such serious risks have been adequately tailed statement should include the state of ‘‘(5) EXCEPTION.—This subsection does not identified and assessed; and the review of the petition, the specific out- apply to a petition that is made by the spon- ‘‘(IV) consider whether a specific disclo- standing issues that still need to be resolved, sor of the application under subsection (b)(2) sure under clause (i) should be required. a proposed timeframe to resolve the issues, or (j) and that seeks only to have the Sec- On page 101, strike lines 7 through 9. and any additional information that has retary take or refrain from taking any form At the end of the bill, add the following: been requested by the Secretary of the peti- of action with respect to that application. SEC. ll. CIVIL PENALTIES; DIRECT-TO-CON- tioner or needed by the Secretary in order to ‘‘(6) REPORT BY INSPECTOR GENERAL.—The SUMER ADVERTISEMENT. resolve the petition and not further delay an Office of Inspector General of the Depart- (a) CIVIL PENALTIES.—Section 303 of the Federal Food, Drug, and Cosmetic Act (21 application filed under subsection (b)(2) or ment of Health and Human Services shall U.S.C. 333) is amended by adding at the end (j). issue a report not later than 2 years after the date of enactment of this subsection evalu- the following: ‘‘(ii) Not later than 10 days after making ‘‘(g)(1) Any applicant (as such term is used the determination under subparagraph (A), ating evidence of the compliance of the Food and Drug Administration with the require- in section 505(o)) who disseminates a direct- the Secretary shall provide notice to the to-consumer advertisement for a prescrip- ment that the consideration by the Sec- sponsor of the pending application submitted tion drug that is false or misleading and a retary of petitions that do not raise public under subsection (b)(2) or (j) and provide an violation of section 502(n) shall be liable to health concerns remain separate and apart opportunity for a meeting with appropriate the United States for a civil penalty in an from the review and approval of an applica- staff as determined by the Commissioner to amount not to exceed $150,000 for the first discuss the determination. tion submitted under subsection (b)(2) or (j). such violation in any 3-year period, and not ‘‘(3) VERIFICATIONS.— ‘‘(7) DEFINITION.—For purposes of this sub- to exceed $300,000 for each subsequent viola- ‘‘(A) PETITIONS FOR REVIEW.—The Sec- section, the term ‘petition’ includes any re- tion committed after the applicant has been retary shall not accept a petition for review quest for an action described in paragraph penalized under this paragraph any time in unless it is signed and contains the following (1)(A)(i) to the Secretary, without regard to the preceding 3-year period. For the purposes verification: ‘I certify that, to my best whether the request is characterized as a pe- of this paragraph, repeated dissemination of knowledge and belief: (a) this petition in- tition.’’. the same or similar advertisement prior to cludes all information and views upon which the receipt of the written notice referred to the petition relies; (b) this petition includes SA 1047. Mr. ROBERTS (for himself, in paragraph (2) for such advertisements representative data and/or information Mr. HARKIN, Mr. BURR, and Mr. shall be considered as 1 violation.

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD 11394 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 May 7, 2007

‘‘(2) A civil penalty under paragraph (1) ducted from any sums owned by the United (y) LOBSTER.—If it purports to be, or is rep- shall be assessed by the Secretary by an States to the applicant charged. resented as being, lobster but is from the order made on the record after providing ‘‘(6) Any applicant who requested, in ac- infraorder Caridea or Anomura.’’. written notice to the applicant to be as- cordance with paragraph (2), a hearing with sessed a civil penalty and an opportunity for respect to the assessment of a civil penalty SA 1049. Mr. ENZI (for himself and a hearing in accordance with this paragraph and who is aggrieved by an order assessing a Mr. KENNEDY) submitted an amend- and section 554 of title 5, United States Code. civil penalty, may file a petition for de novo ment intended to be proposed by him If upon receipt of the written notice, the ap- judicial review of such order with the United to the bill S. 1082, to amend the Fed- plicant to be assessed a civil penalty objects States Court of Appeals for the District of eral Food, Drug, and Cosmetic Act to and requests a hearing, then in the course of Columbia Circuit or for any other circuit in any investigation related to such hearing, which such applicant resides or transacts reauthorize and amend the prescription the Secretary may issue subpoenas requiring business. Such a petition may only be filed drug user fee provisions, and for other the attendance and testimony of witnesses within the 60-day period beginning on the purposes; which was ordered to lie on and the production of evidence that relates date the order making such assessments was the table; as follows: to the matter under investigation, including issued. Beginning on page 104, strike line 23 and information pertaining to the factors de- ‘‘(7) If any applicant fails to pay an assess- all that follows through line 14 on page 105 scribed in paragraph (3). ment of a civil penalty— and insert the following: ‘‘(3) Upon the request of the applicant to be ‘‘(A) after the order making the assess- ‘‘(II) the amount equal to one-fifth of the assessed a civil penalty, the Secretary, in de- ment becomes final, and if such applicant excess amount in item (bb), provided that— termining the amount of a civil penalty, does not file a petition for judicial review of ‘‘(aa) the amount of the total appropria- shall take into account the nature, cir- the order in accordance with paragraph (6); tion for the Food and Drug Administration cumstances, extent, and gravity of the viola- or for such fiscal year (excluding the amount of tion or violations, including the following ‘‘(B) after a court in an action brought fees appropriated for such fiscal year) ex- factors: under paragraph (6) has entered a final judg- ceeds the amount of the total appropriation ‘‘(A) Whether the applicant submitted the ment in favor of the Secretary, for the Food and Drug Administration for advertisement or a similar advertisement for the Attorney General shall recover the fiscal year 2007 (excluding the amount of fees review under section 736A. amount assessed (plus interest at currently appropriated for such fiscal year), adjusted ‘‘(B) Whether the applicant submitted the prevailing rates from the date of the expira- as provided under subsection (c)(1); and advertisement for prereview if required tion of the 60-day period referred to in para- ‘‘(bb) the amount of the total appropria- under section 505(o)(5)(D). graph (6) or date of such final judgment, as tions for the process of human drug review ‘‘(C) Whether, after submission of the ad- the case may be) in an action brought in any at the Food and Drug Administration for vertisement as described in subparagraph (A) appropriate district court of the United such fiscal year (excluding the amount of or (B), the applicant disseminated the adver- States. In such an action, the validity, fees appropriated for such fiscal year) ex- tisement before the end of the 45-day com- amount, and appropriateness of such penalty ceeds the amount of appropriations for the ment period. shall not be subject to review.’’. process of human drug review at the Food ‘‘(D) Whether the applicant failed to incor- (b) DIRECT-TO-CONSUMER ADVERTISEMENT.— and Drug Administration for fiscal year 2007 porate any comments made by the Secretary (1) IN GENERAL.—Section 502(n) of the Fed- (excluding the amount of fees appropriated with regard to the advertisement or a simi- eral Food, Drug, and Cosmetic Act (21 U.S.C. for such fiscal year), adjusted as provided lar advertisement into the advertisement 352(n)) is amended by inserting after the first under subsection (c)(1). prior to its dissemination. sentence the following: ‘‘In the case of an ad- In making the adjustment under subclause ‘‘(E) Whether the applicant ceased dis- vertisement for a prescription drug pre- (II) for any fiscal year 2008 through 2012, sub- tribution of the advertisement upon receipt sented directly to consumers in television or section (c)(1) shall be applied by substituting of the written notice referred to in para- radio format that states the name of the ‘2007’ for ‘2008.’ ’’. graph (2) for such advertisement. drug and its conditions of use, the major ‘‘(F) Whether the applicant had the adver- statement relating to side effects, contra- SA 1050. Mr. ENZI (for himself and tisement reviewed by qualified medical, reg- indications, and effectiveness referred to in Mr. KENNEDY) submitted an amend- ulatory, and legal reviewers prior to its dis- the previous sentence shall be stated in a ment intended to be proposed by him semination. clear and conspicuous (neutral) manner.’’. to the bill S. 1082, to amend the Fed- ‘‘(G) Whether the violations were material. (2) REGULATIONS TO DETERMINE NEUTRAL eral Food, Drug, and Cosmetic Act to ‘‘(H) Whether the applicant who created MANNER.—The Secretary of Health and the advertisement acted in good faith. Human Services shall by regulation establish reauthorize and amend the prescription ‘‘(I) Whether the applicant who created the standards for determining whether a major drug user fee provisions, and for other advertisement has been assessed a civil pen- statement, relating to side effects, contra- purposes; which was ordered to lie on alty under this provision within the previous indications, and effectiveness of a drug, de- the table; as follows: 1-year period. scribed in section 502(n) of the Federal Food, At the end of the bill, add the following: ‘‘(J) The scope and extent of any vol- Drug, and Cosmetic Act (21 U.S.C. 352(n)) (as SEC. ll. COLOR CERTIFICATION REPORTS. untary, subsequent remedial action by the amended by paragraph (1)) is presented in Section 721 of the Federal Food, Drug, and applicant. the manner required under such section. Cosmetic Act (21 U.S.C. 379e) is amended by ‘‘(K) Such other matters, as justice may adding at the end the following: require. ‘‘(g) COLOR CERTIFICATION REPORTS.—Not ‘‘(4)(A) Subject to subparagraph (B), no ap- SA 1048. Ms. SNOWE submitted an later than— plicant shall be required to pay a civil pen- amendment intended to be proposed by ‘‘(1) 90 days after the close of a fiscal year alty under paragraph (1) if the applicant sub- her to the bill S. 1082, to amend the in which color certification fees are col- mitted the advertisement to the Secretary Federal Food, Drug, and Cosmetic Act lected, the Secretary shall submit to Con- and disseminated such advertisement after to reauthorize and amend the prescrip- gress a performance report for such fiscal incorporating any comment received from tion drug user fee provisions, and for year on the number of batches of color addi- the Secretary. other purposes; which was ordered to tives approved, the average turn around time ‘‘(B) The Secretary may retract or modify lie on the table; as follows: for approval, and quantifiable goals for im- any prior comments the Secretary has pro- proving laboratory efficiencies; and vided to an advertisement submitted to the At the appropriate place, insert the fol- ‘‘(2) 120 days after the close of a fiscal year Secretary based on new information or lowing: in which color certification fees are col- changed circumstances, so long as the Sec- SEC. ll. MARKETING OF CERTAIN CRUSTA- lected, the Secretary shall submit to Con- retary provides written notice to the appli- CEANS. gress a financial report for such fiscal year cant of the new views of the Secretary on the (a) IN GENERAL.—Notwithstanding any that includes all fees and expenses of the advertisement and provides a reasonable other provision of law, for purposes of the color certification program, the balance re- time for modification or correction of the Federal Food, Drug, and, Costmetic Act (21 maining in the fund at the end of the fiscal advertisement prior to seeking any civil pen- U.S.C. 301 et seq.) the term ‘‘lobster’’ may year, and anticipated costs during the next alty under paragraph (1). not be used to label or advertise the sale of fiscal year for equipment needs and labora- ‘‘(5) The Secretary may compromise, mod- any seafood product from the infraorder tory improvements of such program.’’. ify, remit, with or without conditions, any Garidea or Anomura. civil penalty which may be assessed under (b) MISBRANDED FOOD.—Section 403 of the paragraph (1). The amount of such penalty, Federal Food, Drug, and Cosmetic Act (21 SA 1051. Mr. STEVENS (for himself when finally determined, or the amount U.S.C. 343) is amended by adding at the end and Ms. MURKOWSKI) submitted an charged upon in compromise, may be de- the following: amendment intended to be proposed by

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 11395 him to the bill S. 1082, to amend the On page 233, between lines 18 and 19, insert SA 1054. Mr. FEINGOLD submitted Federal Food, Drug, and Cosmetic Act the following: an amendment intended to be proposed to reauthorize and amend the prescrip- ‘‘(C) ACTION BY COMMITTEE.—The com- by him to the bill S. 1082, to amend the mittee established under this paragraph may tion drug user fee provisions, and for perform a function under this section using Federal Food, Drug, and Cosmetic Act other purposes; which was ordered to appropriate members of the committee to reauthorize and amend the prescrip- lie on the table; as follows: under subparagraph (B) and need not con- tion drug user fee provisions, and for At the end of the bill, add the following: vene all members of the committee under other purposes; which was ordered to SEC. ll. CONSULTATION REGARDING GENETI- subparagraph (B) in order to perform a func- lie on the table; as follows: CALLY ENGINEERED SEAFOOD tion under this section. At the appropriate place, insert the fol- PRODUCTS. ‘‘(D) DOCUMENTATION OF COMMITTEE AC- lowing: The Commissioner of Food and Drugs shall TION.—The committee established under this SEC. ll. PUBLICATION OF ANNUAL REPORTS. consult with the Assistant Administrator of paragraph shall document for each function (a) IN GENERAL.—The Commissioner on the National Marine Fisheries Service of the under paragraphs (2) and (3), which members Food and Drugs shall annually submit to National Oceanic and Atmospheric Adminis- of the committee participated in such func- Congress and publish on the Internet website tration before granting final approval to use tion. of the Food and Drug Administration, a re- or produce a genetically engineered seafood On page 234, line 1, strike ‘‘determine’’ and port concerning the results of the Adminis- insert ‘‘make a recommendation to the Sec- product. tration’s pesticide residue monitoring pro- retary’’. gram, that includes— SA 1052. Mr. CORKER submitted an On page 235, line 2, strike ‘‘and’’. On page 235, line 6, strike ‘‘.’’;’’ and insert (1) information and analysis similar to amendment intended to be proposed by ‘‘; and’’ that contained in the report entitled ‘‘Food him to the bill S. 1082, to amend the On page 235, between lines 6 and 7, insert and Drug Administration Pesticide Program Federal Food, Drug, and Cosmetic Act the following: Residue Monitoring 2003’’ as released in June to reauthorize and amend the prescrip- ‘‘(H) the number of times the committee of 2005; tion drug user fee provisions, and for established under paragraph (1) made a rec- (2) based on an analysis of previous sam- other purposes; which was ordered to ommendation to the Secretary under para- ples, an identification of products or countries (for imports) that require special atten- lie on the table; as follows: graph (3), the number of times the Secretary did not follow such a recommendation to action and additional study based on a com- At the appropriate place, insert the fol- cept reports under subsection (d)(3), and the parison with equivalent products manufac- lowing: number of times the Secretary did not follow tured, distributed, or sold in the U.S. (in- ‘‘SEC. ll. PROHIBITION ON COMMINGLING. such a recommendation to reject such re- cluding details on the plans for such addi- ‘‘(a) IN GENERAL.—Notwithstanding any ports under section (d)(3). tional studies), including in the initial re- other provision of this Act (or an amend- ‘‘(5) COMMITTEE.—The committee estab- port (and subsequent reports as determined ment made by this Act) a registered im- lished under paragraph (1) is the committee necessary) the results and analysis of the porter shall not commingle a prescription established under section 505B(f)(1).’’; Ginseng Dietary Supplements Special Sur- drug imported into the United States under On page 260, lines 17 through 19, strike ‘‘of vey as described on page 13 of the report en- this Act (or amendment) with another pre- a letter, or a written request under section titled ‘‘Food and Drug Administration Pes- scription drug, regardless of whether such 505A that was declined by the sponsor or ticide Program Residue Monitoring 2003’’; other drug is a domestic prescription drug or holder’’ and insert ‘‘of a written request (3) information on the relative number of a prescription drug from a permitted coun- under section 505A that was declined by the interstate and imported shipments of each try. sponsor or holder, or a letter referencing tested commodity that were sampled, includ- ‘‘(b) LABEL.—A registered importer (includ- such declined written request,’’. ing recommendations on whether sampling is ing an Internet pharmacy) that dispenses a On page 261, line 3, strike ‘‘appropriate’’ statistically significant, provides confidence prescription drug imported from a permitted and insert ‘‘appropriate, for the labeled indi- intervals or other related statistical infor- country shall affix on each dispensed con- cation or indications,’’. mation, and whether the number of samples On page 263, line 14, insert ‘‘, such as exper- tainer of the prescription drug the label re- should be increased and the details of any tise in child and adolescent psychiatry,’’ quired under subsection (c), unless such a plans to provide for such increase; and after ‘‘expertise’’ (4) a description of whether certain com- label is already affixed to the container. On page 263, between lines 19 and 20, insert modities are being improperly imported as ‘‘(c) REQUIREMENTS.—Each prescription the following and redesignate the remaining another commodity, including a description drug imported under this Act (or an amend- paragraphs accordingly: of additional steps that are being planned to ment made by this Act) shall be in a con- ‘‘(2) ACTION BY THE COMMITTEE.—The com- prevent such smuggling. tainer that bears a label stating, in promi- mittee established under paragraph (1) may (b) INITIAL REPORTS.—Annual reports nent and conspicuous type— perform a function under this section using ‘‘(1) the following statement: ‘This drug under subsection (a) for fiscal years 2004 appropriate members of the committee through 2006 may be combined into a single has been imported from llllll.’ with under paragraph (1) and need not convene all the name of the permitted country from report, by not later than June 1, 2008, for members of the committee under paragraph purposes of publication under subsection (a). which the prescription drug has imported in (1) in order to perform a function under this the blank space; and Thereafter such reports shall be completed section. by June 1 of each year for the data collected ‘‘(2) that the container complies with any ‘‘(3) DOCUMENTATION OF COMMITTEE AC- other applicable requirement of this Act.’’. for the year that was 2-years prior to the TION.—For each drug or biological product, year in which the report is published. the committee established under this para- (c) MEMORANDUM OF UNDERSTANDING.—The SA 1053. Mr. ENZI (for himself, Mr. graph shall document for each function Commissioner of Food and Drugs, the Ad- KENNEDY, Mr. DODD, and Mrs. CLINTON) under paragraph (4) or (5), which members of ministrator of the Food Safety and Inspec- submitted an amendment intended to the committee participated in such function. tion Service, the Department of Commerce, be proposed by him to the bill S. 1082, On page 265, between lines 18 and 19, insert and the head of the Agricultural Marketing the following: to amend the Federal Food, Drug, and Service shall enter into a memorandum of ‘‘(7) COMMITTEE.—The committee estab- understanding to permit inclusion of data in Cosmetic Act to reauthorize and amend lished under paragraph (1) is the committee the reports under subsection (a) relating to the prescription drug user fee provi- established under section 505A(f)(1). testing carried out by the Food Safety and sions, and for other purposes; which On page 289, line 16, strike ‘‘SURVEIL- Inspection Service and the Agricultural Mar- LANCES’’ and insert ‘‘POSTMARKET SUR- was ordered to lie on the table; as fol- keting Service on meat, poultry, eggs, and lows: VEILLANCE’’. On page 289, line 17, strike ‘‘SURVEIL- certain raw agricultural products, respec- On page 226, line 4, strike ‘‘later’’ and in- LANCES’’ and insert ‘‘SURVEILLANCE’’. tively. sert ‘‘if the determination made under sub- On page 290, strike lines 9 through 12 and section (d)(3) is made less’’. insert the following: SA 1055. Mr. LEVIN submitted an On page 228, line 3, strike ‘‘later’’ and in- ‘‘(iii) that is intended to be— amendment intended to be proposed by sert ‘‘if the determination made under sub- ‘‘(I) implanted in the human body for more him to the bill S. 1082, to amend the section (d)(3) is made less’’. than 1 year; or Federal Food, Drug, and Cosmetic Act On page 233, line 12, insert ‘‘, such as exper- ‘‘(II) a life-sustaining or life-supporting de- to reauthorize and amend the prescrip- tise in child and adolescent psychiatry,’’ vice used outside a device user facility. after ‘‘expertise’’. On page 290, line 15, strike ‘‘of an’’ and all tion drug user fee provisions, and for On page 233, line 15, strike ‘‘including’’ and that follows through ‘‘section 510(k) only other purposes; which was ordered to insert ‘‘which may include’’. for’’ on line 19, and insert ‘‘or clearance of’’. lie on the table; as follows:

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD 11396 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 May 7, 2007 At the appropriate place, insert the fol- SEC. l02. INTERNET PHARMACIES. censed in the United States who is author- lowing: (a) INTERNET PHARMACIES.—Chapter V of ized to prescribe medications and who— SEC. ll. SAFETY OF FOOD ADDITIVES. the Federal Food, Drug, and Cosmetic Act ‘‘(A)(i) performs a documented patient Not later than 90 days after the date of en- (21 U.S.C. 351 et seq.) is amended by inserting evaluation (including a patient history and actment of this Act, the Food and Drug Ad- after section 510 the following: physical examination) of an individual, por- ministration shall issue a report on the ques- ‘‘SEC. 511. INTERNET PHARMACIES. tions of which may be conducted by other tion of whether substances used to preserve ‘‘(a) DEFINITIONS.—In this section: health professionals; the appearance of fresh meat may create any ‘‘(1) ADVERTISING SERVICE PROVIDER.—The ‘‘(ii) discusses with the individual the health risks, or mislead consumers. term ‘advertising service provider’ means an treatment options of the individual and the advertising company that contracts with a risks and benefits of treatment; and SA 1056. Mr. REED (for himself, and provider of an interactive computer service ‘‘(iii) maintains contemporaneous medical (as defined in section 230(f) of the Commu- Mr. ISAKSON) submitted an amendment records concerning the individual; or nications Act of 1934 (47 U.S.C. 230(f)) to pro- ‘‘(B) provides care to an individual as part intended to be proposed by him to the vide advertising on the Internet. bill S. 1082, to amend the Federal Food, of an on-call or cross-coverage arrangement ‘‘(2) DESIGNATED PAYMENT SYSTEM.— with a health care provider described in sub- Drug, and Cosmetic Act to reauthorize ‘‘(A) IN GENERAL.—The term ‘designated paragraph (A). and amend the prescription drug user payment system’ means a system used by a ‘‘(8) UNLAWFUL INTERNET PHARMACY RE- fee provisions, and for other purposes; person described in subparagraph (B) to ef- QUEST.—The term ‘unlawful Internet phar- which was ordered to lie on the table; fect a credit transaction, electronic fund macy request’ means the request, or trans- as follows: transfer, or money transmitting service that mittal of a request, made to an unlicensed the Board determines, by regulation or At the appropriate place, insert the fol- Internet pharmacy for a prescription drug by order, is regularly used in connection with, mail (including a private carrier), facsimile, lowing: or to facilitate restricted transactions. SEC. ll. REPORT BY THE FOOD AND DRUG AD- telephone, or electronic mail, or by a means ‘‘(B) PERSONS DESCRIBED.—A person re- that involves the use, in whole or in part, of MINISTRATION REGARDING LABEL- ferred to in subparagraph (A) is— ING INFORMATION ON THE RELA- the Internet. TIONSHIP BETWEEN THE USE OF IN- ‘‘(i) a creditor; ‘‘(9) UNLICENSED INTERNET PHARMACY.—The DOOR TANNING DEVICES AND DE- ‘‘(ii) a credit card issuer; term ‘unlicensed Internet pharmacy’ means VELOPMENT OF SKIN CANCER OR ‘‘(iii) a financial institution; an Internet pharmacy that is not licensed OTHER SKIN DAMAGE. ‘‘(iv) an operator of a terminal at which an under this section. (a) IN GENERAL.—The Secretary of Health electronic fund transfer may be initiated; ‘‘(10) OTHER DEFINITIONS.— and Human Services (referred to in this sec- ‘‘(v) a money transmitting business; or ‘‘(A) BOARD.—The term ‘Board’ means the tion as the ‘‘Secretary’’), acting through the ‘‘(vi) a participant in an international, na- Board of Governors of the Federal Reserve tional, regional, or local network con- Commissioner of Food and Drugs, shall de- System. termine— structed primarily to effect a credit trans- ‘‘(B) CREDIT; CREDITOR; CREDIT CARD.—The action, electronic fund transfer, or money (1) whether the labeling requirements for terms ‘credit’, ‘creditor’, and ‘credit card’ transmitting service. indoor tanning devices, including the posi- have the meanings given the terms in sec- ‘‘(3) FEDERAL FUNCTIONAL REGULATOR.—The tioning requirements, provide sufficient in- tion 103 of the Truth in Lending Act (15 term ‘Federal functional regulator’ has the formation to consumers regarding the risks U.S.C. 1602). that the use of such devices pose for the de- meaning given the term in section 509 of the ‘‘(C) ELECTRONIC FUND TRANSFER.—The Gramm-Leach-Bliley Act (15 U.S.C. 6809). velopment of irreversible damage to the eyes term ‘electronic fund transfer’— and skin, including skin cancer; and ‘‘(4) INTERNET PHARMACY.—The term ‘Inter- net pharmacy’ means a person that offers to ‘‘(i) has the meaning given the term in sec- (2)(A) whether modifying the warning label tion 903 of the Electronic Fund Transfer Act required on tanning beds to read, ‘‘Ultra- dispense or dispenses in the United States a prescription drug through an Internet (15 U.S.C. 1693a); and violet radiation can cause skin cancer’’, or ‘‘(ii) includes any fund transfer covered any other additional warning, would commu- website in interstate commerce, regardless of whether the physical location of the prin- under article 4A of the Uniform Commercial nicate the risks of indoor tanning more ef- Code, as in effect in any State. fectively; or cipal place of business of the Internet pharmacy is in the United States or in another ‘‘(D) FINANCIAL INSTITUTION.—The term ‘fi- (B) whether there is no warning that would nancial institution’— be capable of adequately communicating country. ‘‘(5) PRESCRIPTION DRUG.—The term ‘pre- ‘‘(i) has the meaning given the term in sec- such risks. tion 903 of the Electronic Transfer Fund Act (b) CONSUMER TESTING.—In making the description drug’ means a drug described in (15 U.S.C. 1693a); and terminations under subsection (a), the Sec- section 503(b) that is approved by the Sec- ‘‘(ii) includes a financial institution (as de- retary shall conduct appropriate consumer retary under section 505. fined in section 509 of the Gramm-Leach-Bli- testing, using the best available methods for ‘‘(6) RESTRICTED TRANSACTION.—The term ley Act (15 U.S.C. 6809)). determining consumer understanding of ‘restricted transaction’ means a transaction ‘‘(E) MONEY TRANSMITTING BUSINESS; MONEY label warnings. or transmittal, on behalf of a individual who TRANSMITTING SERVICE.—The terms ‘money (c) PUBLIC HEARINGS; PUBLIC COMMENT.— places an unlawful Internet pharmacy re- The Secretary shall hold public hearings and quest to any person engaged in the operation transmitting business’ and ‘money transmit- solicit comments from the public in making of an unlicensed Internet pharmacy, of— ting service’ have the meanings given the the determinations under subsection (a). ‘‘(A) credit, or the proceeds of credit, ex- terms in section 5330(d) of title 31, United (d) REPORT.—Not later than 1 year after tended to or on behalf of the individual for States Code. the date of the enactment of this Act, the the purpose of the unlawful Internet request ‘‘(b) IN GENERAL.—An Internet pharmacy Secretary shall submit to the Congress a re- (including credit extended through the use of may only dispense or offer to dispense a pre- port that provides the determinations under a credit card); scription drug to a person in the United ‘‘(B) an electronic fund transfer or funds subsection (a). In addition, the Secretary States in accordance with this section. shall include in the report the measures transmitted by or through a money trans- being implemented by the Secretary to sig- mitting business, or the proceeds of an elec- ‘‘(c) LICENSING OF INTERNET PHARMACIES.— nificantly reduce the risks associated with tronic fund transfer or money transmitting ‘‘(1) IN GENERAL.—An Internet pharmacy indoor tanning devices. service, from or on behalf of the individual shall be licensed by the Secretary in accordance with this section prior to offering to Mr. GREGG submitted an for the purpose of the unlawful Internet re- SA 1057. quest; dispense or dispensing a prescription drug to amendment intended to be proposed by ‘‘(C) a check, draft, or similar instrument an individual. him to the bill S. 1082, to amend the which is drawn by or on behalf of the indi- ‘‘(2) CONDITIONS FOR LICENSING.— Federal Food, Drug, and Cosmetic Act vidual for the purpose of the unlawful Inter- ‘‘(A) APPLICATION REQUIREMENTS.—An to reauthorize and amend the prescrip- net request and is drawn on or payable at or Internet pharmacy shall submit to the Sec- tion drug user fee provisions, and for through any financial institution; or retary an application that includes— other purposes; which was ordered to ‘‘(D) the proceeds of any other form of fi- ‘‘(i)(I) in the case of an Internet pharmacy lie on the table; as follows: nancial transaction (identified by the Board located in the United States, verification by regulation) that involves a financial in- that, in each State in which the Internet At the appropriate place, insert the fol- stitution as a payor or financial inter- pharmacy engages in dispensing or offering lowing: mediary on behalf of or for the benefit of the to dispense prescription drugs, the Internet TITLE l—INTERNET PHARMACIES individual for the purpose of the unlawful pharmacy, and all employees and agents of SEC. l01. SHORT TITLE. Internet request. the Internet pharmacy, is in compliance This title may be cited as the ‘‘Safe Inter- ‘‘(7) TREATING PROVIDER.—The term ‘treat- with applicable Federal and State laws re- net Pharmacy Act of 2007’’. ing provider’ means a health care provider li- garding—

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 11397 ‘‘(aa) the practice of pharmacy, including ployed by the Internet pharmacy are li- (I)(bb), an Internet pharmacy shall provide licensing laws and inspection requirements; censed or otherwise authorized to dispense to the treating provider the following infor- and prescription drugs. mation: ‘‘(bb) the manufacturing and distribution ‘‘(iii) If the Internet pharmacy makes re- ‘‘(aa) The full name and address of the in- of controlled substances, including with referrals to, or solicits on behalf of, a health dividual. spect to mailing or shipping controlled sub- care practitioner or group of practitioners in ‘‘(bb) Identification of the prescription stances to consumers; or the United States for prescription services— drug. ‘‘(II) in the case of an Internet pharmacy ‘‘(I) the name, street address, city, ZIP ‘‘(cc) The quantity of the prescription drug whose principal place of business is located Code or comparable mail code, State, and to be dispensed. outside the United States, verification telephone number of the practitioner or ‘‘(dd) The date on which the individual pre- that— group; and sented the prescription to the Internet phar- ‘‘(aa) all employees and agents of the ‘‘(II) the name of each State in which each macy. Internet pharmacy are in compliance with practitioner is licensed or otherwise author- ‘‘(ee) The date and time of the verification applicable Federal and State laws regarding ized to prescribe drugs. request. the practice of pharmacy, including licens- ‘‘(iv) A statement that the Internet phar- ‘‘(ff) The name of a contact person at the ing laws and inspection requirements; macy will dispense prescription drugs only Internet pharmacy, including a voice tele- ‘‘(bb) the Internet pharmacy is in compli- after receipt of a valid prescription from a phone number, electronic mail address, and ance with applicable Federal and State laws treating provider. facsimile telephone number. regarding the practice of pharmacy, includ- ‘‘(v) A distinctive tamper resistant seal to ‘‘(III) A prescription is verified under sub- ing licensing laws and inspection require- identify that the Internet pharmacy is li- clause (I)(bb) only if 1 of the following oc- ments; censed. curs: ‘‘(cc) the Internet pharmacy expressly and ‘‘(C) PROFESSIONAL SERVICES REQUIRE- ‘‘(aa) The treating provider confirms, by affirmatively agrees to provide and maintain MENTS.—An Internet pharmacy shall carry direct communication with the Internet an agent for service of process in the United out the following: pharmacy, that the prescription is accurate. States; ‘‘(i) Maintain patient medication profiles ‘‘(bb) The treating provider informs the ‘‘(dd) the Internet pharmacy expressly and and other related data in a readily accessible Internet pharmacy that the prescription is affirmatively agrees to be subject to the ju- format organized to facilitate consultation inaccurate and provides the accurate pre- risdiction of the United States and any of its with treating providers, caregivers, and pa- scription. States or territories where it engages in tients. ‘‘(IV) An Internet pharmacy shall not fill a commerce; and ‘‘(ii) Conduct prospective drug use reviews prescription if— ‘‘(ee) the Internet pharmacy agrees to affix before dispensing medications or medical de- ‘‘(aa) a treating provider informs the Inter- to each shipping container of drugs to be vices. net pharmacy within 72 hours after receipt of shipped in the United States such markings ‘‘(iii) Ensure patient confidentiality and a communication under subclause (I)(bb) as the Secretary determines to be necessary the protection of patient identity and pa- that the prescription is inaccurate or ex- to identify that the shipment is from a li- tient-specific information, in accordance pired; or censed Internet pharmacy, which may in- with the regulations promulgated under sec- ‘‘(bb) the treating provider does not re- clude anticounterfeiting or track-and-trace tion 264(c) of the Health Insurance Port- spond within that time. technologies; ability and Accountability Act of 1996. ‘‘(x) Maintain, for such period of time as ‘‘(ii) verification that the person that owns ‘‘(iv) Offer interactive and meaningful con- the Secretary shall prescribe by regulation, the Internet pharmacy has not had a license sultation by a licensed pharmacist to the a record of all direct communications with a for an Internet pharmacy terminated by the caregiver or patient before and after the treating provider regarding the dispensing of Secretary, and that no other Internet phar- time at which the Internet pharmacy dis- a prescription drug, including verification of macy owned by the person has had a license penses the drug. the prescription. under this subsection that has been termi- ‘‘(v)(I) Establish a mechanism for patients ‘‘(3) LICENSURE PROCEDURE.— nated by the Secretary; to report errors and suspected adverse drug ‘‘(A) ACTION BY SECRETARY.—On receipt of ‘‘(iii) verification from the person that owns the Internet pharmacy that the person reactions. a complete licensing application from an will permit inspection of the facilities and ‘‘(II) Document in the reporting mecha- Internet pharmacy under paragraph (2), the business practices of the Internet pharmacy nism the response of the Internet pharmacy Secretary shall— by the Secretary to the extent necessary to to those reports. ‘‘(i) assign an identification number to the determine whether the Internet pharmacy is ‘‘(III) Submit those reports within 3 days Internet pharmacy; in compliance with this subsection; of receipt and the response of the Internet ‘‘(ii) notify the applicant of the receipt of ‘‘(iv) in the case of an agreement between pharmacy to the Food and Drug Administra- the licensing application; and a patient and an Internet pharmacy that re- tion in a manner determined appropriate by ‘‘(iii) if the Internet pharmacy is in com- leases the Internet pharmacy, and any em- the Secretary. pliance with the conditions under paragraph ployee or agent of the Internet pharmacy, ‘‘(vi) Develop a system to inform care- (2), issue a license not later than 60 days from liability for damages arising out of the givers and patients about drug recalls. after receipt of a licensing application from negligence of the Internet pharmacy, an as- ‘‘(vii) Educate caregivers and patients the Internet pharmacy. surance that such a limitation of liability about the appropriate means of disposing of ‘‘(B) ELECTRONIC FILING.— shall be null and void; expired, damaged, or unusable medications. ‘‘(i) IN GENERAL.—For the purpose of reduc- ‘‘(v) verification that the Internet phar- ‘‘(viii) Assure that the sale of a prescrip- ing paperwork and reporting burdens, the macy expressly and affirmatively agrees to tion drug is in accordance with a valid pre- Secretary shall require the use of electronic provide the Secretary with the identity of scription from the treating provider of the methods of submitting to the Secretary a li- any providers of interactive computer serv- individual. censing application required under this sec- ices that provide host services or advertising ‘‘(ix)(I) Verify the validity of the prescription and provide for electronic methods of services for the Internet pharmacy; and tion of an individual by using 1 of the fol- receiving the applications. ‘‘(vi) assurance that the Internet pharmacy lowing methods: ‘‘(ii) AUTHENTICATION.—In providing for the will comply with the requirements under ‘‘(aa) If the prescription for any drug other electronic submission of such licensing ap- subparagraphs (B) and (C). than a controlled substance (as defined in plications under this section, the Secretary ‘‘(B) IDENTIFICATION REQUIREMENTS.—An section 102 of the Controlled Substances Act shall ensure that adequate authentication Internet pharmacy shall post in a clear and (21 U.S.C. 802)) is received from an individual protocols are used to allow identification of visible manner, on each page of the website or the treating provider of the individual by the Internet pharmacy and validation of the of the Internet pharmacy or by a link to a mail (including a private carrier), or from data as appropriate. separate page, the following information: the treating provider of the individual by ‘‘(4) DATABASE.— ‘‘(i) The street address, city, ZIP Code or electronic mail, the validity of the prescrip- ‘‘(A) IN GENERAL.—The Secretary shall comparable mail code, State (or comparable tion shall be confirmed in accordance with compile, maintain, and periodically update a entity), country, and telephone number of— all applicable Federal and State laws. database of the Internet pharmacies licensed ‘‘(I) each place of business of the Internet ‘‘(bb) If the prescription is for a controlled under this section. pharmacy; and substance (as defined in section 102 of the ‘‘(B) AVAILABILITY.—The Secretary shall ‘‘(II) the name of the supervising phar- Controlled Substances Act), the validity of make the database described under subpara- macist of the Internet pharmacy and each the prescription shall be confirmed with the graph (A) and information submitted by the individual who serves as a pharmacist for treating provider as described in subclause licensee under paragraph (2)(B) available to purposes of the Internet pharmacy website. (II). the public on an Internet website and ‘‘(ii) The names of all States in which the ‘‘(II) When seeking verification of a pre- through a toll-free telephone number. Internet pharmacy and the pharmacists em- scription of an individual under subclause ‘‘(5) FEES.—

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD 11398 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 May 7, 2007

‘‘(A) IN GENERAL.— ‘‘(6) SUSPENSION.— erator of an international, national, or local ‘‘(i) LICENSING APPLICATION FEE.—The Sec- ‘‘(A) IN GENERAL.—If the Secretary deter- network used to effect a credit transaction, retary shall establish a licensing application mines that an Internet pharmacy is engaged electronic fund transfer, or money transmit- fee to be paid by all applicants. in a pattern of violations of any of the re- ting service that is a designated payment ‘‘(ii) RENEWAL FEE.—The Secretary shall quirements of this Act, the Secretary may system, and an operator of any other des- establish a yearly renewal fee to be paid by immediately order the suspension of the li- ignated payment system specified by the all Internet pharmacies licensed under this cense of the Internet pharmacy. Board that is centrally managed and is pri- section. ‘‘(B) APPEAL OF SUSPENSION ORDER.—An marily engaged in the transmission and set- ‘‘(B) COLLECTION.— Internet pharmacy subject to a suspension tlement of credit transactions, electronic ‘‘(i) COLLECTION OF LICENSING APPLICATION order under subparagraph (A) may appeal the transfers, or money transmitting services FEE.—A licensing application fee payable for suspension order to the Secretary. Not later where at least 1 party to the transaction or the fiscal year in which the Internet phar- than 30 days after an appeal is filed, the Sec- transfer is an individual; and macy submits a licensing application, as es- retary, after providing opportunity for an in- ‘‘(B) in the case of a designated payment tablished under subparagraph (C), shall be formal hearing, shall affirm or terminate the system, other than a designated payment payable upon the submission to the Sec- order. system described in subparagraph (A), a per- retary of such licensing application. ‘‘(C) FAILURE TO ACT.—If, during the 30-day son described in subsection (a)(2)(B); ‘‘(ii) COLLECTION OF RENEWAL FEES.—After period specified in subparagraph (B), the Sec- to establish policies and procedures that are the licensing application fee is paid for the retary fails to provide an opportunity for a reasonably designed to prevent the introduc- first fiscal year of licensure, the yearly rehearing or to affirm or terminate the order, tion of restricted transactions into a des- newal fee, as established under subparagraph the order shall be deemed to be terminated. ignated payment system or the completion (C), shall be payable on or before October 1 of ‘‘(D) NO JUDICIAL REVIEW.—An order under of restricted transactions using a designated each subsequent fiscal year. this paragraph shall not be subject to judi- payment system. ‘‘(iii) ONE FEE PER INTERNET PHARMACY.— cial review. ‘‘(2) REQUIREMENTS FOR POLICIES AND PRO- The licensing application fee and yearly re- ‘‘(7) TERMINATION OF LICENSE.—The Sec- CEDURES.—In promulgating regulations newal fee shall be paid only once for each retary may terminate a license issued under under paragraph (1), the Board shall— Internet pharmacy for a fiscal year in which this subsection, after notice to the Internet ‘‘(A) identify types of policies and proce- the fee is payable. pharmacy and an opportunity for a hearing, dures, including nonexclusive examples, that ‘‘(iv) EXCESS FEES.—Any amount collected and if the Secretary determines that the shall be considered to be reasonably designed by the Secretary under this paragraph for a Internet pharmacy— to identify and reasonably designed to pre- fiscal year that is in excess of the costs of ‘‘(A) has demonstrated a pattern of non- vent the introduction of a restricted trans- enforcing the requirements of this section compliance with this section; action in a designated payment or the com- for such fiscal year shall be deposited in the ‘‘(B) has made an untrue statement of ma- pletion of restricted transactions using a Treasury. terial fact in its licensing application; or designated payment system; and ‘‘(C) FEE AMOUNT.—The amount of the li- ‘‘(C) is in violation of any applicable Fed- ‘‘(B) to the extent practicable, permit any censing application fee and the yearly re- eral or State law relating to the dispensing designated payment system, or person de- newal fee for an Internet pharmacy shall be of a prescription drug. scribed in subsection (a)(2)(B), as applicable, determined each year by the Secretary based ‘‘(8) RENEWAL EVALUATION.— to choose among alternative means of pre- on 133 percent of the anticipated costs to the ‘‘(A) IN GENERAL.—Before renewing a li- venting the introduction or completion of re- Secretary of enforcing the requirements of cense of an Internet pharmacy under this stricted transactions. this section in the subsequent fiscal year. subsection, the Secretary shall conduct an ‘‘(3) NO LIABILITY FOR BLOCKING OR REFUS- ‘‘(D) ANNUAL FEE DETERMINATION.— evaluation to determine whether the Inter- ING TO HONOR RESTRICTED TRANSACTION.— ‘‘(i) IN GENERAL.—Not later than 60 days net pharmacy is in compliance with this sec- ‘‘(A) IN GENERAL.—A designated payment before the beginning of each fiscal year be- tion. system, or a person described in subsection ginning after September 30, 2007, the Sec- ‘‘(B) EVALUATION OF INTERNET PHAR- (a)(2)(B), that is subject to a regulation or an retary shall determine the amount of the li- MACIES.—At the discretion of the Secretary order issued under this subsection, and any censing application fee and the yearly re- and as applicable, an evaluation under sub- participant in such payment system, that— newal fee for that fiscal year. paragraph (A) may include testing of the ‘‘(i) prevents or otherwise refuses to honor ‘‘(ii) PUBLICATION OF FEE AMOUNT.—Not Internet pharmacy website or other systems later than 60 days before each fiscal year, the through which the Internet pharmacy com- restricted transactions, in an effort to imple- Secretary shall publish the amount of the li- municates with consumers, and a physical ment the policies and procedures required censing application fee and the yearly re- inspection of the records and premises of the under this subsection or to otherwise comply newal fee under this section for that fiscal pharmacy. with this section, shall not be liable to any year and provide for a period of 30 days for ‘‘(9) CONTRACT FOR OPERATION OF PRO- party for such action; and the public to provide written comments on GRAM.— ‘‘(ii) prevents or otherwise refuses to honor the fees. ‘‘(A) IN GENERAL.—The Secretary may a nonrestricted transaction in an effort to ‘‘(E) USE OF FEES.—The fees collected award a contract under this subsection for implement the policies and procedures under under this section shall be used, without fur- the operation of the licensing program. this subsection or to otherwise comply with ther appropriation, to carry out this section. ‘‘(B) TERM.—The duration of a contract this section, shall not be liable to any party ‘‘(F) FAILURE TO PAY FEE.— under subparagraph (A) shall not exceed 5 for such action. ‘‘(i) DUE DATE.—A fee payable under this years and may be renewable. ‘‘(B) COMPLIANCE WITH THIS SUBSECTION.—A section shall be paid by the date that is 30 ‘‘(C) PERFORMANCE REVIEW.—The Secretary person described in subsection (a)(2)(B) days after the date on which the fee is due. shall annually review performance under a meets the requirements of this subsection, if ‘‘(ii) FAILURE TO PAY.—If an Internet phar- contract under subparagraph (A). any, if the person relies on and complies macy subject to a fee under this section fails ‘‘(d) PROVIDERS OF INTERACTIVE COMPUTER with the policies and procedures of a des- to pay the fee by the date specified under SERVICES OR ADVERTISING SERVICES.—No pro- ignated payment system of which the person clause (i), the Secretary shall not permit the vider of interactive computer services (as de- is a member or in which the person is a par- Internet pharmacy to engage in the dis- fined in section 230(f) of the Communications ticipant, and such policies and procedures of pensing of drugs as described under this sec- Act of 1934 (47 U.S.C. 230(f)) or an advertising the designated payment system comply with tion until all such fees owed by the Internet service provider shall be liable under this the requirements of the regulations under pharmacy are paid. section on account of another person’s sell- paragraph (1)(B). ‘‘(G) REPORTS.—Beginning with fiscal year ing or dispensing of a prescription drug, so ‘‘(4) ENFORCEMENT.— 2008, not later than 60 days after the end of long as the provider of the interactive com- ‘‘(A) IN GENERAL.—This subsection shall be each fiscal year during which licensing appli- puter service or the advertising service pro- enforced by the Federal functional regu- cation fees are collected under this section, vider does not own or exercise corporate con- lators and the Federal Trade Commission the Secretary shall submit to the Committee trol over such person. under applicable law in the manner provided on Health, Education, Labor, and Pensions of ‘‘(e) POLICIES AND PROCEDURES REQUIRED in section 505(a) of the Gramm-Leach-Bliley the Senate and the Committee on Energy TO PREVENT PAYMENTS FOR UNLAWFUL INTER- Act (21 U.S.C. 6805(a)). and Commerce of the House of Representa- NET PHARMACY REQUESTS.— ‘‘(B) FACTORS TO BE CONSIDERED.—In con- tives a report that describes— ‘‘(1) REGULATIONS.—Not later than 180 days sidering any enforcement action under this ‘‘(i) implementation of the licensing fee after designating a system under subsection subsection against a payment system or per- authority during the fiscal year; and (a)(2), the Board shall promulgate regula- son described in subsection (a)(2)(B), the ‘‘(ii) the use by the Secretary of the licens- tions that require— Federal functional regulators and the Fed- ing fees collected during the fiscal year for ‘‘(A) an operator of a credit card system eral Trade Commission shall consider the which the report is made. that is a designated payment system, an op- following factors:

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 11399 ‘‘(i) The extent to which the payment sys- ‘‘(2) The representation by advertisement, SEC. ll. SENSE OF THE SENATE REGARDING tem or person knowingly permits restricted sales presentation, direct communication CERTAIN PATENT INFRINGEMENTS. transactions. (including telephone, facsimile, or electronic (a) FINDINGS.—The Senate makes the fol- ‘‘(ii) The history of the payment system or mail), or otherwise by an Internet pharmacy, lowing findings: person in connection with permitting re- that a prescription drug may be obtained (1) The value of American innovation in de- stricted transactions. from the Internet pharmacy without a pre- veloping life-saving prescription drugs saves ‘‘(iii) The extent to which the payment scription, in violation of section 511. millions of lives around the world each year. system or person has established and is ‘‘(3) The advertisement related to a pre- (2) The protection of intellectual property maintaining policies and procedures in com- scription drug through any media including is vital to the continued development of new pliance with regulations prescribed under sales presentation, direct communication and life-saving drugs and future growth of this subsection. (including telephone, facsimile, or electronic the United States economy. ‘‘(iv) The feasibility that any specific rem- mail), by an unlicensed Internet pharmacy. (3) In order to maintain the global com- edy prescribed can be implemented by the ‘‘(4) The provision of an untrue statement petitiveness of the United States, the United payment system or person without substan- of material fact in the licensing application States Trade Representative’s Office of In- tial deviation from normal business practice. of an Internet pharmacy. tellectual Property and Innovation develops ‘‘(5) For purposes of this subsection, any ‘‘(v) The costs and burdens the specific and implements trade policy in support of term used in this subsection that is also used remedy will have on the payment system or vital American innovations, including inno- in section 511 shall have the meaning given person. vation in the pharmaceutical and medical that term in section 511.’’. ‘‘(f) REPORTS REGARDING INTERNET-RE- technology industries. (c) LINKS TO UNLICENSED INTERNET PHAR- LATED VIOLATIONS OF FEDERAL AND STATE (4) The United States Trade Representative MACIES.—Section 302 of the Federal Food, LAWS ON DISPENSING OF DRUGS.—The Sec- Drug, and Cosmetic Act (21 U.S.C. 332) is also provides trade policy leadership and ex- retary shall, pursuant to the submission of amended by adding at the end the following: pertise across the full range of interagency an application meeting criteria prescribed by ‘‘(c)(1) In the case of a violation of section initiatives to enhance protection and en- the Secretary, make an award of a grant or 511 relating to an unlicensed Internet phar- forcement of intellectual property rights. contract to an entity with experience in de- macy (as defined in such section 511), the dis- (5) When other countries do not respect the veloping and maintaining systems for the trict courts of the United States and the intellectual property of American drug com- purpose of— United States courts of the territories shall panies, all patients suffer because of dimin- ‘‘(1) identifying Internet pharmacy have jurisdiction to order a provider of an ished incentives to develop new life-saving websites that are not licensed or that appear interactive computer service to remove, or medications and the American economy is to be operating in violation of Federal or disable access to, links to a website violating unfairly harmed. State laws concerning the dispensing of that section that resides on a computer serv- (6) Strong intellectual property protection, drugs; er that the provider controls or operates. including patent, copyright, trademark, and ‘‘(2) reporting such Internet pharmacy ‘‘(2) Relief under paragraph (1)— data protection plays an integral role in fos- websites to State medical licensing boards ‘‘(A) shall be available only after provision tering economic growth and development and State pharmacy licensing boards, and to to the provider of notice and an opportunity and ensuring patient access to the most ef- the Attorney General and the Secretary, for to appear; fective medicines around the world. further investigation; and ‘‘(B) shall not impose any obligation on the (7) Certain countries have engaged in un- ‘‘(3) submitting, for each fiscal year for provider to monitor its service or to affirma- fair price manipulation and abuse of compul- which the award under this subsection is tively seek facts indicating activity vio- sory licensing. This results in Americans made, a report to the Secretary describing lating section 511; bearing the majority of research and devel- investigations undertaken with respect to ‘‘(C) shall specify the provider to which the opment costs for the world, undermines the violations described in paragraph (1). relief applies; and value of existing United States pharma- ‘‘(g) TRANSACTIONS PERMITTED.—A des- ‘‘(D) shall specifically identify the location ceutical patents and could impede access to ignated payment system or person subject to of the website to be removed or to which ac- important therapies. a regulation or an order issued under sub- cess is to be disabled.’’. (8) There is a growing global threat of section (e) may engage in transactions with (d) REGULATIONS.— counterfeit medicines and increased need for licensed and unlicensed Internet pharmacies (1) IN GENERAL.—Not later than 1 year after the United States Trade Representative and in connection with investigating violations the date of enactment of this title, the Sec- other United States agencies to use available or potential violations of any rule or require- retary of Health and Human Services shall trade policy measures to strengthen laws ment adopted by the payment system or per- promulgate interim final regulations to and enforcement abroad to prevent harm to son in connection with complying with sub- carry out the amendments made by this sec- United States patients and patients around section (e). A person subject to a regulation tion. the world. or an order issued under subsection (e) and (2) EFFECTIVE DATE.—The requirement of (b) SENSE OF THE SENATE.—It is the sense the agents and employees of that person licensure under section 511 of the Federal of the Senate that— shall not be found to be in violation of, or Food, Drug, and Cosmetic Act (as added by (1) the United States Trade Representative liable under, any Federal, State, or other law this section) shall take effect on the date de- should use all the tools at the disposal of the for engaging in any such transaction. termined by the Secretary of Health and Trade Representative to deal with violations ‘‘(h) RELATION TO STATE LAWS.—No re- Human Services but in no event later than 90 of intellectual property rights, including— quirement, prohibition, or liability may be days after the effective date of the interim (A) bilateral engagement with United imposed on a designated payment system or final regulations under paragraph (1). States trading partners; person subject to a regulation or an order (e) PENALTIES.—Section 303 of the Federal (B) transparency of the annual ‘‘Special issued under subsection (e) under the laws of Food, Drug, and Cosmetic Act (21 U.S.C. 333) 301’’ review and reviews of compliance with any State with respect to any payment is amended by adding at the end the fol- the intellectual property requirements of transaction by an individual because the lowing: countries with respect to which the United payment transaction involves a payment to ‘‘(g) Notwithstanding subsection (a), any States grants trade preferences; an Internet pharmacy. person who knowingly violates paragraph (1), (C) negotiation of intellectual property ‘‘(i) TIMING OF REQUIREMENTS.—A des- (2), (3), or (4) of section 301(hh) shall be im- provisions as part of bilateral and regional ignated payment system or a person subject prisoned for not more than 10 years or fined trade agreements; and to a regulation under subsection (e) shall in accordance with title 18, United States (D) multilateral engagement through the Code, or both.’’. adopt policies and procedures reasonably de- World Trade Organization (WTO); and signed to comply with any regulations re- (2) the United States Trade Representative quired under subsection (e) not later than 180 SA 1058. Mr. DEMINT (for himself, should develop and implement a strategic days after the date on which such final regu- Mr. COBURN, and Mr. MARTINEZ) sub- plan to address the problem of countries that lations are issued.’’. mitted an amendment intended to be infringe upon American pharmaceutical in- (b) PROHIBITED ACTS.—Section 301 of the proposed by him to the bill S. 1082, to tellectual property rights and the problem of Federal Food, Drug, and Cosmetic Act (21 amend the Federal Food, Drug, and countries that engage in price manipulation. U.S.C. 331) is amended by adding at the end Cosmetic Act to reauthorize and amend the following: the prescription drug user fee provi- SA 1059. Mr. SESSIONS (for himself, ‘‘(hh)(1) The sale, under section 511, of a Mrs. LINCOLN, Mr. COCHRAN, Mr. PRYOR, drug that is not a prescription drug, the sale sions, and for other purposes; which of such a prescription drug without a valid was ordered to lie on the table; as fol- Mr. LOTT, and Mr. SHELBY) submitted prescription from a treating provider, or the lows: an amendment intended to be proposed ownership or operation of an Internet phar- At the appropriate place, insert the fol- by him to the bill S. 1082, to amend the macy, in violation of section 511. lowing: Federal Food, Drug, and Cosmetic Act

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD 11400 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 May 7, 2007 to reauthorize and amend the prescrip- SEC. ll. FOOD AND DRUG ADMINISTRATION ORDER FOR STAR PRINT—S. 1138 FUNDING SUBMISSION. tion drug user fee provisions, and for Mr. BROWN. I ask unanimous con- other purposes; which was ordered to Subchapter A of chapter VII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 371 sent that S. 1138 be star printed with lie on the table; as follows: et seq.), as amended by this Act, is amended the changes at the desk. At the appropriate place, insert the fol- by adding at the end the following: The PRESIDING OFFICER. Without lowing: ‘‘SEC. 714. FOOD AND DRUG ADMINISTRATION objection, it is so ordered. SEC. ll. ENHANCED AQUACULTURE AND SEA- FUNDING SUBMISSION. f FOOD INSPECTION. ‘‘For each of fiscal years 2009 through 2013, (a) FINDINGS.—Congress finds the fol- the Commissioner of Food and Drugs shall SENATE LEGAL COUNSEL lowing: prepare and submit, directly to the President AUTHORIZATION (1) In 2007, there has been an overwhelming for review and transmittal to Congress, an increase in the volume of aquaculture and Mr. BROWN. I ask unanimous con- annual Food and Drug Administration fund- seafood that has been found to contain sub- ing submission estimate (including the num- sent that the Senate proceed to the im- stances that are not approved for use in food ber and type of personnel needs for the Food mediate consideration of S. Res. 189 in the United States. and Drug Administration), after reasonable submitted earlier today. (2) As of May 2007, inspection programs are opportunity for comment (but without The PRESIDING OFFICER. The not able to satisfactorily accomplish the change) by the Secretary.’’. goals of ensuring the food safety of the clerk will report the resolution by United States. f title. (3) To protect the health and safety of con- The legislative clerk read as follows: sumers in the United States, the ability of NOTICE OF HEARING A resolution (S. Res. 189) to authorize tes- the Secretary of Health and Human Services SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS timony and legal representation in the Dis- to perform inspection functions must be en- Mr. BINGAMAN. Mr. President, I trict of Columbia v. Ellen E. Barfield, Eve- hanced. Leona Tetaz, Jeffrey A. Leys, and Jerome A. (b) HEIGHTENED INSPECTIONS.— would like to announce for the infor- Zawada. mation of the Senate and the public (1) IN GENERAL.—The Secretary of Health There being no objection, the Senate and Human Services (referred to in this sec- that a hearing has been scheduled be- proceeded to consider the resolution. tion as the ‘‘Secretary’’) shall, by regulation, fore the Subcommittee on Public Mr. REID. Mr. President, this resolu- enhance, as necessary, the inspection regime Lands and Forests of the Committee on tion concerns a request for testimony of the Food and Drug Administration for Energy and Natural Resources. aquaculture and seafood, consistent with ob- and representation in actions pending The hearing will be held on Wednes- ligations of the United States under inter- in the Superior Court for the District day, May 30, at 12 p.m. in the Medford national agreements and United States law. of Columbia. In these actions, anti-war City Council Chambers at 411 West 8th (2) CONTENT.—The Secretary shall ensure protesters have been charged with un- Street in Medford, Oregon. that the regulations promulgated under lawful assembly for refusing repeated paragraph (1) to enhance the inspection re- The purpose of the hearing is to re- requests to leave Senator MCCAIN’s gime— ceive testimony on the impacts of the Washington, DC., office on or about (A) ensure that aquaculture and seafood Chinese hardwood plywood trade on the February 5, 2007. Trials of these defend- products are not contaminated with sub- National Forest System and other pub- stances that are not approved for use in food ants are scheduled to commence on lic lands, and the communities that de- in the United States; May 11, 2007. The prosecution has re- pend on them. (B) include the authority to refuse imports quested that a member of the Senator’s Because of the limited time available of such products from a foreign facility if a staff who had conversations with the for the hearing, witnesses may testify requested inspection of the foreign facility is defendants during the events in ques- refused or unnecessarily delayed; by invitation only. However, those tion testify in this case. Senator (C) take into account whether the United wishing to submit written testimony MCCAIN would like to cooperate by pro- States has a cooperative agreement regard- for the hearing record should send it to viding testimony from his staff. This ing aquaculture and seafood inspection; and the Committee on Energy and Natural (D) provide for an assessment of the risk resolution would authorize that staff Resources, United States Senate, associated with particular contaminants. member, and any other employee of Washington, DC 20510–6150, or by e-mail (c) REPORT TO CONGRESS.—Not later than Senator MCCAIN’s office from whom to [email protected] 90 days after the date of enactment of this evidence may be required, to testify in Act, the Secretary shall submit to Congress .gov. this action, with representation by the a report that describes— For further information, please con- Senate Legal Counsel. (1) the specifics of the aquaculture and sea- tact Scott Miller at (202) 224–5488 or Mr. BROWN. I ask unanimous con- food inspection program; and Rachel Pasternack at (202) 224–0883. (2) the feasibility of developing a sent that the resolution be agreed to, traceability system for all catfish and sea- f the preamble agreed to, the motion to food products, both domestic and imported, UNANIMOUS-CONSENT AGREE- reconsider be laid upon the table, and for the purpose of identifying the processing that any statements relating thereto plant of origin of such products. MENT—EXECUTIVE CALENDAR be printed in the RECORD. (d) PARTNERSHIPS WITH STATES.—Upon the Mr. BROWN. Mr. President, I ask request by any State, the Secretary may The PRESIDING OFFICER. Without enter into partnership agreements, as soon unanimous consent that at 11:50 tomor- objection, it is so ordered. as practicable after the request is made, to row, the Senate proceed to executive The resolution (S. Res. 189) was implement inspection programs regarding session to consider Executive Calendar agreed to. the importation of aquaculture and seafood. No. 84, the nomination of Frederick J. The preamble was agreed to. (e) AUTHORIZATION OF APPROPRIATIONS.— Kapala to be a U.S. district judge, The resolution, with its preamble, There are authorized to be appropriated such there be 20 minutes of debate equally reads as follows: sums as may be necessary to carry out this divided between the chairman and section. S. RES. 189 ranking member of the Judiciary Com- Whereas, in the cases of District of Colum- SA 1060. Mr. HATCH (for himself and mittee or their designees, and at the bia v. Ellen E. Barfield (Cr. No. 07–3133), Eve- Mr. KENNEDY) submitted an amend- conclusion or yielding back of time, Leona Tetaz (Cr. No. 07–3144), Jeffrey A. Leys ment intended to be proposed by him the Senate vote without any inter- (Cr. No. 07–5009), and Jerome A. Zawada (Cr. to the bill S. 1082, to amend the Fed- vening action on the nomination; that No. 07–5088), pending in the Superior Court eral Food, Drug, and Cosmetic Act to the motion to reconsider be laid on the for the District of Columbia, testimony has reauthorize and amend the prescription table, the President be immediately been requested from Katie Landi, an em- notified of the Senate’s action, and the ployee in the office of Senator John McCain; drug user fee provisions, and for other Whereas, pursuant to sections 703(a) and purposes; which was ordered to lie on Senate then return to legislative ses- 704(a)(2) of the Ethics in Government Act of the table; as follows: sion. 1978,2 U.S.C. §§ 288b(a) and 288c(a)(2), the Sen- At the appropriate place, insert the fol- The PRESIDING OFFICER. Without ate may direct its counsel to represent em- lowing: objection, it is so ordered. ployees of the Senate with respect to any

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 11401 subpoena, order, or request for testimony re- Resolved, That the Senate expresses the The Senator from Alabama. lating to their official responsibilities; condolences of the Nation to the community f Whereas, by the privileges of the Senate of of Greensburg, Kansas, and its gratitude to the United States and Rule XI of the Stand- local, State, and National law enforcement IMMIGRATION REFORM ing Rules of the Senate, no evidence under and emergency responders conducting search Mr. SESSIONS. Mr. President, I hope the control or in the possession of the Senate and rescue operations. may, by the judicial or administrative proc- we are not moving forward with a plan f ess, be taken from such control or possession that would introduce the immigration but by permission of the Senate; MEASURE READ THE FIRST TIME bill we considered in the Senate last Whereas, when it appears that evidence year. That is what I am hearing. I be- under the control or in the possession of the Mr. BROWN. I understand that S. lieve there are talks ongoing today—bi- Senate may promote the administration of 1312, introduced earlier today by Sen- partisan talks—talks in which the justice, the Senate will take such action as ator DEMINT and others, is at the desk, White House and other members of the will promote the ends of justice consistent and I ask for its first reading. President’s Cabinet are participating with the privileges of the Senate: Now, The PRESIDING OFFICER. The therefore, be it where they are at least talking about a clerk will read the bill by title for the framework of a comprehensive immi- Resolved, That Katie Landi and any other first time. employees of Senator McCain’s office from gration reform of which we could be whom testimony may be required are au- The legislative clerk read as follows: proud. thorized to testify in the cases of District of A bill (S. 1312) to amend the National The bill that was introduced last Columbia v. Ellen E. Barfield, Eve-Leona Labor Relations Act to ensure the right of year was fatally flawed. It was not the Tetaz, Jeffrey A. Leys, and Jerome A. employees to a secret-ballot election con- kind of legislation we should have ducted by the National Labor Relations Zawada, except concerning matters for passed. If it had been passed, it would which a privilege should be asserted. Board. never have worked and would have SEC. 2. The Senate Legal Counsel is author- Mr. BROWN. I now ask for its second been an embarrassment to the Senate. ized to represent Katie Landi and other em- reading and object to my own request. I cannot say how strongly I believe ployees of Senator McCain’s staff in the ac- The PRESIDING OFFICER. Objec- tions referenced in section one of this resolu- that to be true. There was no way we tion is heard. tion. could repair that bill by amendment. I f f talked about that last year. It was important that we start over with a new EXPRESSING CONDOLENCES TO ORDERS FOR TUESDAY, MAY 8, piece of legislation. We worked on it, GREENSBURG, KS 2007 and a majority of the Republicans in Mr. BROWN. I ask unanimous con- Mr. BROWN. Mr. President, I ask the Senate, last year, voted against the sent that the Senate now proceed to unanimous consent that when the Sen- bill. The House refused to even con- the consideration of S. Res. 190 which ate completes its business today, it sider it. They would not take it up. was submitted earlier today. stand adjourned until 10 a.m., Tuesday, Four Democrats voted against the bill The PRESIDING OFFICER. The May 8; that on Tuesday, following the last year. clerk will report the resolution by prayer and pledge, the Journal of pro- So the only way to enact comprehen- title. ceedings be approved to date, the sive immigration legislation is to start The legislative clerk read as follows: morning hour be deemed expired, and over and write a new bill on which both A resolution (S. Res. 190) expressing the the time for the two leaders reserved the Democrats and a majority of Re- condolences of the Nation to the community for their use later in the day; that publicans can agree. Until this week, I of Greensburg, Kansas. there then be a period of morning busi- had hopes that was ongoing. I have not There being no objection, the Senate ness for 60 minutes, with Senators per- been in the detailed negotiations, but I proceeded to consider the resolution. mitted to speak therein for up to 10 have been briefed on some of the Mr. BROWN. I ask unanimous con- minutes each, with the first half under framework for reform that, to me, is sent that the resolution be agreed to, the control of the majority and the sec- very consistent with what I pleaded the preamble be agreed to, and the mo- ond half under the control of the Re- with my colleagues last year to do. tion to reconsider be laid upon the publicans; that at the close of morning Now, over the past several weeks, up table. business, the Senate resume consider- to 10 Members of the Senate have been The PRESIDING OFFICER. Without ation of S. 1082; that on Tuesday, fol- actively meeting to write a new bill. objection, it is so ordered. lowing the vote on the judicial nomina- They started with the principles laid The resolution (S. Res. 190) was tion, the Senate stand in recess until out by the White House in a 23-page agreed to. 2:15 p.m., in order to accommodate the Powerpoint that promptly got leaked. The preamble was agreed to. regular party conference meetings; Maybe they wanted it leaked. I don’t The resolution, with its preamble, that all time during any recess, ad- know. Those Powerpoints just have one reads as follows: journment, and period of morning busi- or two lines. They do not have fine S. RES. 190 ness count postcloture, and that any print. But they do set fourth agenda Whereas, on Friday, May 4, 2007, a tornado time used in morning business by any items and principles. struck the community of Greensburg, Kan- Member be charged against their hour The principles laid out in that sas; postcloture; provided further that Powerpoint are much closer to a bill I Whereas this tornado was classified as an Members have until 10:30 a.m. Tuesday could support and I think the Amer- EF-5, the strongest possible type, by the Na- to file any second-degree amendments, ican people would be willing to sup- tional Weather Service, with winds esti- notwithstanding rule XXII. port. mated at 205 miles per hour; The PRESIDING OFFICER. Without This is what they included in that Whereas the tornado is the first EF-5 on objection, it is so ordered. the Enhanced Fujita scale, and the first F-5 presentation. Although I am not in- on the previous scale since 1999; f volved in the details, I think it is what Whereas approximately 95 percent of Members are discussing at this mo- Greensburg is destroyed; ORDER FOR ADJOURNMENT ment—have been discussing, at least. Whereas 1,500 residents have been displaced Mr. BROWN. If there is no further Apparently, people periodically walk from their homes; and business to come before the Senate away from the discussions, and they Whereas, in response to the declaration by today, I ask unanimous consent that say this isn’t good enough or I don’t the President of a major disaster, the Ad- the Senate stand adjourned under the like this, but that is negotiation, hope- ministrator of the Federal Emergency Man- agement Agency has made Federal disaster previous order, following the remarks fully, and we can work forward with it. assistance available for the State of Kansas of the Senator from Alabama. Let me just tell you some of the things to assist in local recovery efforts: Now, The PRESIDING OFFICER. Without that are in this bill that were not in therefore, be it objection, it is so ordered. last year’s legislation.

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD 11402 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 May 7, 2007 There is an enforcement trigger. Be- nels. Regular channels are adjusted to Then the principles focus on a more fore any new immigration programs or a more merit-based system. It would merit-based entry policy into the green card adjustments could begin, include a merit-based system. I think United States. The principles I hear the principles in the Powerpoint would this is a great improvement over last being discussed would eliminate the require an ‘‘enforcement trigger’’ to be year’s legislation. But I have to tell Diversity Visa Lottery and some chain met. Senator ISAKSON from Georgia of- you, I am concerned about people com- migration categories, such as brothers fered that. He basically said: We are ing to stay more than 1 year because I and sisters and adult siblings of U.S. not going to trust you this time—the think it becomes more and more dif- citizens. American people are not. We want to ficult for them to leave. They are less Green cards that have been given out see that you follow through on the likely to leave. Many of them are more for those individuals would be trans- things that are critical to a lawful im- likely to violate the law and just ferred over to a point system which se- migration system before we pass the embed and stay. I think a 1-year plan lects legal permanent resident appli- green card adjustments and deal with would be far better. But those are cants based on merit. So I am con- those other issues. things that are being talked about cerned that the White House plan also It also requires that the Border Pa- which would be substantially better appears to increase the total number of trol be increased to the numbers agreed than last year’s legislation. green cards available each year. Page upon—with a total of 18,300. It is one There is a seasonal worker program 21 of the Powerpoint indicates that 1.4 thing to say we are going to authorize that makes much more sense than million green cards would be available 18,000 Border Patrol agents, which I what was in last year’s bill. The prin- each year. We are at about 1 million think is a minimum, really not suffi- ciples also contain a ‘‘new and im- now. That would be a 40-percent in- cient to cover the border—but it is an proved’’ seasonal worker program that crease. I want to look at that carefully. increase of significance. We are not would combine the current agricul- But I like the idea of the entry being going to go forward with the bill until tural—the H–2A plan—and unskilled— based on a more meritorious program. you actually hire them and put them H–2B—seasonal worker programs. We They have a plan to clear the current on the payroll and train them and they combine those two programs, as they backlog of green card applications, are out there. should be combined, because they are which also has dangers in that it could Also, 200 miles of vehicle barriers and each for temporary workers. substantially increase the number of 370 miles of fencing must be con- Workers could remain in this country people who would come. I am not sure structed. We talked about that, and I for 9 months at a time, under this pro- comprehensive immigration reform is offered the amendment. It passed sev- posal, and would be required to return designed to increase—at least the eral times and eventually was passed to their home countries for 3 months in American people have an idea that it is last year. between. This is a temporary worker designed to increase dramatically the The catch and release at the border program that appears to be actually number of people who come legally temporary, unlike last year’s legisla- must be ended. This idea of catching today. I don’t think that is what most tion, in which the temporary guest people at the border who have violated people have in mind when they think worker program in last year’s immi- our immigration laws and have come about immigration reform. into the country illegally—they are gration bill said an individual could What about the population that is being taken inland, taken before some come to this country temporarily, but here today illegally? This plan that is they could bring their wife and chil- administrative officer or judge and re- being discussed would have given legal dren. They could come for 3 years. leased on bail and asked to come back. status to illegal aliens currently in the That 3 years could be extended again Well, 95 percent are not showing up. country through a new ‘‘Z’’ visa, which and again and again. And they could That is what they wanted to do: to be would be renewable indefinitely. Those apply for citizenship within the first brought into America. They were re- holding Z visas will be eligible to apply year they got here. That was the tem- leased on bail. Nobody ever went out for green cards through regular chan- porary worker program last year. How and found them or looked for them. It nels after they go back, ‘‘touchback,’’ broken was that? It would never have is just a broken system. It is not work- across the border. But regular channels worked. People bring their children, ing. Those are things that are part of are adjusted to a more merit-based sys- they get settled in the country, a dec- the trigger as to what has to be fixed ade goes by. Who is going to be able to tem. So they would have to compete before we go forward with the legisla- ask them to leave? What kind of pain- with people who have other qualities tion. That would be in the principles. ful scene would that be? Teachers, and merits that may make them less The future flow of temporary work- preachers, family members, neigh- likely to be admitted. ers is critical. As to the future flow If these principles are the ones that bors—they have gotten to know people. temporary worker program, the so- They have a whole new mindset, an inform the framework for a newly draft- called Y visas—the principles outline a correct mindset. ed, bipartisan bill, then I think it is new program for truly temporary The bill, last year, said ‘‘temporary possible that we could successfully workers. The White House plan would guest worker program,’’ and this is enact immigration reform this year. admit new workers for 2 years and what it was. It was really a permanent Now, I cannot tell you that I am could be renewed three times, for a entry into the country for very ex- going to be able to vote for this plan in total of 6 years. tended periods of time where it could the end because I intend to read the Between each 2-year period, workers be difficult for people to leave. fine print. That is what I learned last would be required to return to their Under this plan, the outline that is year. The rubric, the caption in the bill home countries for 6 months. Workers being discussed, they could actually last year was ‘‘temporary guest worker could not bring their spouses or their work—and it is what I suggested last program’’ in big print right in the mid- children but could return home to visit year—and spouses and children would dle of the bill. Then, when you read it, them if they choose. They would be remain in the worker’s home country. what did you find? We found that the able to go back and forth as often as Renewals under the seasonal program individuals came here for 3 years, with they liked. There is no cap specified in would be unlimited, which may be their family, and they could reup, reup the White House plan, but the plan en- problematic. We would need to discuss for 3 years, time and time again, and, visions an annual cap set by the Sec- that some. frankly were never going to leave this retary of Homeland Security in con- But these workers would also be eli- country. sultation with the Secretaries of Labor gible to apply for green cards under It was not a temporary guest worker and Commerce, depending on American regular channels, if they are willing to program at all. It was a scheme to con- needs. compete against others on a merit- fuse the American people about the Workers would be eligible to apply based basis to see whether or not they real meaning of it. In fact, I think it for green cards through regular chan- could come. confused Senators. I think they

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 11403 thought it was a temporary worker Language will finally be introduced on the voted for and probably still believe is program, and it absolutely was not. It Senate floor within 2 weeks or less. What good legislation, though it certainly is would never have worked. But the peo- will the CIR language look like? CIR begins not, they can start it—they can start it ple who wrote it—I think that was with S. 2611, the McCain-Kennedy bill which and go forward with this bill that per- their plan. They never wanted it to cleared the Senate last year. haps they never intend to be offered as work to begin with. That is the true The New York Times reported a simi- the final legislation. You burn the time fact about it. So the fine print could lar story: on the motion to proceed to the bill for contain things that will not work. Senator Edward M. Kennedy has aban- the bill to be discussed, and they can So I think the framework, the out- doned efforts to produce a new immigration go past that and move to proceed to line, if we are honest and serious, could bill and is proposing using legislation pro- the bill, and then file for cloture on the be the basis for a historic reform of im- duced last March by the Senate Judiciary bill, and then offer a substitute, 700, 800 migration that could actually work, Committee as the starting point for negotiations this year. Mr. Kennedy dismissed the pages. That is how many pages it was that we could actually be proud of. It is notion that his efforts to produce a new im- last year—over 600. If they write this possible. But there are forces, special migration bill had failed. He said he had de- one well this year, it should be more interests that are driving this process, cided that the committee report was the best than that. They drop a 700, 800-page bill and they do not respect the views of starting point. and substitute the old bill, and there is the American people. They want to We have had extensive hearings on the es- no time to debate it, and they slide it ram it through on their terms, and sential aspects of this bill, right through, railroad time. I am tell- they want to have it say what they Mr. KENNEDY said. ing my colleagues, that appears to me want it to say. We are effectively ready to mark up and to be what it is about. That would be This is what the news reports are for going to the floor. an abrogation of our responsibility. saying, and I am getting very con- I am very disappointed—beyond dis- The American people care about this cerned about it. It is now being re- appointed—to hear those news reports. legislation. The American people are ported that instead of being patient I have been pleased, I guess, today that not unengaged. They know something and waiting for this new bipartisan bill so far these plans haven’t come to fru- compassionate is going to have to be to be completed and actually written ition, that the majority has begun to done about the 12 million people, but I up so people can read it, the majority engage or has continued to engage Re- think most people agree with me that leader, Senator REID, is forcing the im- someone who came here illegally publican Senators and the White House migration bill to this floor Wednesday, should not be given every single benefit in a real effort to write a good bill. I May 9, the day after tomorrow. Accord- we give to somebody who comes here hope that is what the majority will ing to Roll Call, this morning: legally. We need to set a principle that continue to do. According to an aide to Reid, the Majority we are not going to reward illegal be- I hope the majority will abandon last leader is expected to bring up the . . . pack- havior in the future. So you work year’s fatally flawed bill, not start age passed by the Judiciary Committee last something out on that, and you work year . . . if negotiations produce a deal he with it. It cannot be amended and an something out on these other complex will allow lawmakers to propose it as a sub- effective bill created. It means this stitute amendment. . . . issues, and we set up a policy of immi- cannot be the starting point to come to gration for the future that reflects Now, this plan is not a wise approach. the floor with a new bill this Congress. some of the principles Canada has: its Why do we want to bring up a piece of I implore our leadership to continue point system, its merit-based system. legislation that is fatally flawed, that trying to write a bill that a majority of That was never discussed last year. Not should never, ever become law? I see no Republicans could support, that is pos- one hint of it is in the bill Senator reason. I have one idea, though, or one sible if we follow through on the real REID is apparently intending to bring suspicion I am going to discuss. principles people are talking about and It puts undue pressure, an artificial up on Wednesday. saying they can agree to. How can we possibly talk about com- timeline, on those who are trying to It is not a question of the principles work through this extremely complex prehensive immigration reform and we are dealing with. The question is: never consider a merit-based immigra- and important piece of legislation we Will we write the bill in such a way do not need. We don’t have to set that tion system? Isn’t America based on that the principles are carried out? merit? Don’t we know far more people kind of deadline. What we need them to That is the key thing. It was not done do is to spend the necessary time to want to come here than can be accept- last year. In 1986, it was to be the am- ed? Don’t we know Australia does that, produce a strong, thoughtful, bipar- nesty to end all amnesties. They had 3 tisan product that will actually work. New Zealand does that, the United million people—I think they thought Kingdom is looking at that—all devel- That is what we need to do. Then we there were 2 million people—here ille- can vote for it with pride instead of oped and highly sophisticated nations gally. They created amnesty for them trying to sneak it through this Senate committed to humanity and civil and they promised we would pass a new without anybody knowing what is ac- rights, world leaders in that regard. law and that this new law would be tually in it. As I said last week when I Are their proposals somehow immoral such that we wouldn’t have to do am- heard about this plan, the Democratic and unfit? Of course not. Those ideas nesty again. That was in 1986, 20 years leadership acts as if this is another were not even discussed in last year’s ago. We had, it turned out, 3 million piece of everyday legislation, but it is bill. So they say we might have some- people who claimed the amnesty. not. The immigration bill is one of the thing such as that in this legislation. What has happened since? Now we most important to come through the Well, let’s see it. Let’s see what the have 12 million people here illegally— Senate in the decade I have been here. words say. What is it going to say? Is it maybe 20 million—who knows for sure. I believe that. I think the American going to be like last year when it said people understand that. So this option So why wouldn’t we learn from that? ‘‘temporary guest worker,’’ and that is not new. Why wouldn’t we understand this is not was nothing but a sham when you read In April, we heard news reports that a political football to be kicked down the fine print under it? Is that what we the Democratic majority would be the field? This is important legislation are going to get this year, a bill they abandoning efforts to write a new bill that ought to be passed and written ram through at the last minute, burn- and would be starting with the fatally correctly, so 5 years from now, we can ing the time for debate so we have only flawed bill produced by the Judiciary go to our constituents and say: We did the most minimal time to debate? Is Committee last Congress. something good. It is working as we that the plan? I hope the American ‘‘Immigration Daily,’’ an online im- promised you it would work. Why not? people are keeping their eye on this migration law publication, reported: Well, I will tell my colleagues what one. They deserve more. The American There is good reason to believe that the appears to me to be happening. By people are concerned about immigra- CIR—that is the Comprehensive Immigration bringing up the old bill, last year’s bill, tion. It is an important issue. It is a Reform— which many people in this Senate very important issue to us.

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD 11404 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 May 7, 2007 We had a group from Ireland testify We need a national debate, a national understand from the New York Times at the Judiciary Committee last year consensus on a good piece of legisla- and others, is talking about intro- and they told us only 2,000 people got tion. The President needs to be com- ducing the Judiciary Committee bill. into our country from Ireland last mitted to leading instead of under- This is what the Judiciary Committee year. We had over 1 million come in le- mining the enforcement of laws. They bill would have done last year, the one gally. What is this? How do we create a are getting a little better in the White that passed out of the Committee, the system that does not give people House now, but Presidents in the past so-called McCain-Kennedy bill. Under throughout the world an equal chance, have had no interest whatsoever in see- current law, over the next 20 years, an opportunity to apply to come to ing immigration laws passed. If they this Nation would issue 18.9 million America? We need to work on that. We did, they would have come to Congress green cards—quite a substantial num- can do it. There is a framework here and said: We need more border enforce- ber. Under the Kennedy-McCain bill that, if fleshed out with good legisla- ment, we need fencing, we need more passed out of committee last year— tion, good language, enforceability, we Border Patrol, we need an end catch hold your hat—it would have been, at a can be proud of. and release. They never came to Con- minimum, 78 million over 20 years to I am afraid that is not what we are gress and said the law was not being as many as 200 million. That is two- doing. I am afraid there is an attempt enforced. American constituents talk thirds of the current population of the here to move a fast one. I am afraid the to Members of Congress and the Mem- United States of America. They tried masters of the universe who run this bers of the Senate and explain about to move that bill without amendments. place, some on both sides of the aisle, the plain as day illegality that is going I cannot recall the gymnastics they don’t want the American people to on, and the Congress is trying to make went through, but they were even de- know what is in the bill. They don’t the system be enforced. My colleague, nying Senators KYL and CORNYN trust them to be in on the negotia- the Presiding Officer, is a former U.S. amendments they wanted to have, and tions. They want to do it and slide it attorney. The President, the executive Senator REID wanted no amendments. through. branch has the responsibility to en- Finally, we began to have amend- I remember last year we offered— force the law, not the Congress. What ments. Senator BINGAMAN offered two someone offered a good amendment, I do we know about how to catch all amendments, eventually, as time went think it was the Isakson amendment, these people. They ought to be asking by. It was brought back the third time. on a trigger, and one of the Senators us for the laws. They should be telling They brought those numbers down said: Oh, we can’t accept that amend- us what is needed. But no, no, because from 78 million and 200 million to 53 ment. Why not? We can’t accept it be- nobody, not any President since 1986, million, almost 3 times the current cause it would upset that delicate bal- has ever taken his responsibility to en- rate of immigration. ance of negotiations with the parties force the laws of the United States se- So Senator REID, as I understand it, who put this bill together. So I asked: riously as they apply to immigration. according to a news report, is talking Who were they? Who are these parties So that is what we have. about bringing up the Judiciary Com- who put the bill together? Where did I have points I will not go into to- mittee bill. This is not the 53 million they meet? Did they have votes? Did night that detail the incredible flaws people being brought in here perma- people elect them to go in this caucus that existed in last year’s bill. nently with a green card—permanent to write this piece of junk that was the Senator SPECTER offered a bill that I residents—but we would go back to the bill last year? Who was that? Oh, they didn’t favor, but it was better—he was 78 million to 200 million. How amazing wouldn’t talk about who actually chairman of the Judiciary Committee is that? wrote the bill. They wanted to ram it last year—it was better than the other So I am just flabbergasted by the through, and nobody could amend it two that arose. After he offered it in way this matter is being treated. There because it would upset their delicate Judiciary Committee, we went on in a is only one way to do it; that is, we compromise. Well, phooey on that. We day or so, or two or three, and we had stand up like real Senators and we need to do this in the light of day. We this deadline. Like Senator REID, Sen- write a bill and work out a bill, and we need to stand up and explain to our ator FRIST said: I have to have the bill give the Members of the Senate the constituents and ask them to support a out Monday. If you don’t bring it out time to read it, time for the American good bill, and we need to stand up and Monday, I am going to introduce an- people to understand what is in it, and oppose a bill that is a bad bill. We are other bill—a pretty good bill, actually, see if it can be amended and made bet- going to live with it, as we have lived which was an enforcement-oriented ter, and make sure it will actually for over 20 years now with 1986, that bill. Also, the Judiciary Committee got work, not just be a political show—not failed piece of legislation that had so in a flutter, and we ran around, and some political sham but a piece of leg- much promise and people were so Senator KENNEDY offered the sub- islation that would actually work, and happy about when it passed, and it stitute—Kennedy-McCain. The Specter then we would pass it. We would be re- never worked. bill was gone, and an entirely new Ken- sponsible to our constituents for a There are several reasons we need to nedy-McCain bill was on the floor. ‘‘yes’’ or ‘‘no’’ vote because we do need be cautious. You can put in a piece of Then the controversial AgJOBS por- to pass comprehensive reform. I said legislation an authorization to add a tion of immigration that had been that many times last year. Of course, bunch of Border Patrol officers or floating around here and had been we need that. workplace enforcement rules, or you blocked over the years was offered up The whole system is broken. Nothing can put in an authorization to spend as an amendment to Kennedy-McCain, about it works. Of course, we need to money to create a computer system and it was added with no debate. We reform it from the ground up. But the that will actually work, and it can. We voted this out and it was on the floor, legislation last year is no place to can create a system that will work, but and the next day we were debating this start. We don’t need to be using some authorizing doesn’t mean anything. 600-page bill. gimmick to get the bill up, with last That doesn’t mean anything. You have That is not the way to do business in year’s language, and then substitute to come up with money, and the money the Senate. My chief counsel here stud- new language that nobody has read and comes up in the years to come. If this ied this legislation, and we read the ram it through the Senate. The Amer- Congress isn’t serious about what it is fine print, that 600 pages, and when we ican people should not be happy with doing and we pass a bill that authorizes looked at it, we were shocked at the that. a bunch of provisions that could actu- loopholes it contained. We identified— Mr. President, I thank the Chair for ally help and be worthwhile and we and I spoke here several hours on it—17 his patience and those who listened to never come up with the money to do it, loopholes in that legislation. It began my remarks. I believe we can do some- the system is going to collapse as badly to lose steam. We found out just, for thing better. I support real and genuine as it is right now. example—mind you, Senator REID, I reform of immigration in America. I

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—SENATE, Vol. 153, Pt. 8 11405 will support legislation that provides a bills—any one of them—and that he FOREIGN SERVICE compassionate solution to the people will bring up the bill that was drafted THE FOLLOWING-NAMED CAREER MEMBERS OF THE who have been here for years and have through this compromise process be- SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF COMMERCE FOR PROMOTION WITHIN AND INTO THE SEN- been dutiful, law-abiding people except cause I think it at least has some pos- IOR FOREIGN SERVICE TO THE CLASSES INDICATED: for their illegal presence. We can work sibility to be a bill we could support, CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, through those things. unlike the one last year, and then we CLASS OF CAREER MINISTER: We need a future flow system, much can study it and debate it. The Amer- JOHN E. PETERS, OF FLORIDA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, more like Canada’s, much more like ican people could be engaged in it, and CLASS OF MINISTER-COUNSELOR: New Zealand’s. We need a temporary we ought to stand up and vote and do WILLIAM A. BREKKE, OF SOUTH DAKOTA worker program that is really tem- the right thing for America. IRA E. KASOFF, OF CALIFORNIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, porary. We need a workplace enforce- I yield the floor. CLASS OF COUNSELOR: ment system that the average em- JOHN D. BREIDENSTINE, OF PENNSYLVANIA ployer will have no problem in fol- f JANICE A. CORBETT, OF OHIO lowing. We need a biometric, identi- AMER M. KAYANI, OF CALIFORNIA ADJOURNMENT UNTIL 10 A.M. MARGARET A. KESHISHIAN, OF CALIFORNIA fying cards for immigrant workers so TOMORROW ANDREW P. WYLEGALA, OF WASHINGTON they cannot be illegally forged. That is IN THE ARMY The PRESIDING OFFICER. Under all possible to do if we want to do it— THE FOLLOWING NAMED OFFICER FOR APPOINTMENT unless the people who are driving this the previous order, the Senate stands TO THE GRADE INDICATED IN THE UNITED STATES ARMY bill, the architects of this, just want to adjourned until 10 a.m. tomorrow. UNDER TITLE 10, U.S.C., SECTION 624: go through the motions of creating an Thereupon, the Senate, at 6:51 p.m., To be brigadier general immigration system that would work, adjourned until Tuesday, May 8, 2007, COL. CHARLES W. HOOPER, 0000 unless that is their plan, to just go at 10 a.m. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT through the motions and pass a bill IN THE UNITED STATES ARMY TO THE GRADE INDICATED f UNDER TITLE 10, U.S.C., SECTIONS 624 AND 3064: that has no chance of being successful, To be brigadier general just like we did in 1986, and 8 or 10 NOMINATIONS COL. LOREE K. SUTTON, 0000 years later, they can say: We are heart- Executive nominations received by broken; we thought it was going to THE FOLLOWING NAMED OFFICER FOR APPOINTMENT the Senate May 7, 2007: AS CHIEF OF CHAPLAINS, UNITED STATES ARMY AND AP- work. POINTMENT TO THE GRADE INDICATED UNDER TITLE 10, I think we can do it, and I think we DEPARTMENT OF COMMERCE U.S.C., SECTION 3036: ought to do it. I hope the majority WILLIAM G. SUTTON, JR., OF VIRGINIA, TO BE AN AS- To be major general SISTANT SECRETARY OF COMMERCE, VICE ALBERT A. leader will not bring up the last year’s FRINK, JR. BRIG. GEN. DOUGLAS L. CARVER, 0000

VerDate Sep 11 2014 11:13 Jul 03, 2017 Jkt 059102 PO 00000 Frm 00053 Fmt 0686 Sfmt 9801 E:\FDSYS\BOUNDRECORD\S07MY7.REC S07MY7 ejoyner on DSK30MW082PROD with BOUND RECORD 11406 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 7, 2007 HOUSE OF REPRESENTATIVES—Monday, May 7, 2007

The House met at 12:30 p.m. and was Thoreau embodied the early spirit of President’s Export Council (1) called to order by the Speaker pro tem- nonconformity in breaking bonds of so- Appointments: President’s Export Council (2) pore (Mr. FILNER). cial hypocrisy. By taking time to seek With best wishes, I am, f spiritual truth, he wrapped himself in Sincerely, the beauty of nature and sought escape LORRAINE C. MILLER, DESIGNATION OF SPEAKER PRO from a world in which ‘‘the mass of Clerk of the House. TEMPORE people lead lives of quiet desperation.’’ f The SPEAKER pro tempore laid be- He wrote: ‘‘I went to the woods be- COMMUNICATION FROM THE fore the House the following commu- cause I wanted to live deliberately, to CLERK OF THE HOUSE nication from the Speaker: confront the essential facts of life and The SPEAKER pro tempore laid be- WASHINGTON, DC, see if I could not learn what life had to May 7, 2007. teach, and not, when I came to die, dis- fore the House the following commu- I hereby appoint the Honorable BOB FILNER cover that I had not lived.’’ nication from the Clerk of the House of to act as Speaker pro tempore on this day. Lord, awaken America today. Lift Representatives: NANCY PELOSI, the Nation above hypocrisy and enable OFFICE OF THE CLERK, Speaker of the House of Representatives. its people to face the essentials of gov- HOUSE OF REPRESENTATIVES, f ernment, the essentials of religious Washington, DC, May 7, 2007. Hon. NANCY PELOSI, MORNING HOUR DEBATES faith and the power of transformative Speaker, House of Representatives, love and daily service to others. The SPEAKER pro tempore. Pursu- Washington, DC. Renew in us hope, O Lord, so with DEAR MADAM SPEAKER: Under Clause 2(g) ant to the order of the House of Janu- Thoreau we might say: We live ‘‘with of Rule II of the Rules of the U.S. House of ary 4, 2007, the Chair will now recog- an infinite expectation of the dawn, Representatives, I herewith designate Ms. nize Members from lists submitted by which does not forsake us in our sound- Deborah M. Spriggs, Deputy Clerk, and Mr. the majority and minority leaders for est sleep.’’ Amen. Jorge E. Sorensen, Deputy Clerk, to Sign morning hour debates. The Chair will any and all papers and do all other acts for alternate recognition between the par- f me under the name of the Clerk of the House which they would be authorized to do by vir- ties, with each party limited to not to THE JOURNAL exceed 30 minutes, and each Member, tue of this designation, except such as are The SPEAKER pro tempore. The provided by statute, in case of my temporary except the majority leader, the minor- Chair has examined the Journal of the absence or disability. ity leader, or the minority whip, lim- last day’s proceedings and announces These designations shall remain in effect ited to not to exceed 5 minutes. for the 110th Congress or until modified by to the House his approval thereof. me. f Pursuant to clause 1, rule I, the Jour- With best wishes, I am, RECESS nal stands approved. Sincerely, f LORRAINE C. MILLER, The SPEAKER pro tempore. Pursu- Clerk of the House. ant to clause 12(a) of rule I, the Chair PLEDGE OF ALLEGIANCE f declares the House in recess until 2 p.m. today. The SPEAKER pro tempore. Will the GET THERE FIRSTEST WITH THE Accordingly (at 12 o’clock and 31 gentleman from American Samoa (Mr. MOSTEST FALEOMAVAEGA) come forward and lead minutes p.m.), the House stood in re- (Mr. POE asked and was given per- the House in the Pledge of Allegiance. cess until 2 p.m. mission to address the House for 1 Mr. FALEOMAVAEGA led the Pledge f minute.) of Allegiance as follows: Mr. POE. Mr. Speaker, does anybody b 1400 I pledge allegiance to the Flag of the realize there’s a war going on out there United States of America, and to the Repub- AFTER RECESS in the desert sands of Iraq and the lic for which it stands, one nation under God, rough mountains of Afghanistan? Ap- The recess having expired, the House indivisible, with liberty and justice for all. parently not, or Congress would be tak- was called to order by the Speaker pro f ing care of our troops. tempore (Mr. ALTMIRE) at 2 p.m. COMMUNICATION FROM THE Mr. Speaker, the troops will be out of f CLERK OF THE HOUSE funds to carry the fight to the enemy PRAYER by the end of June. So where’s the The SPEAKER pro tempore laid be- money? The Chaplain, the Reverend Daniel P. fore the House the following commu- Spending money is what Congress Coughlin, offered the following prayer: nication from the Clerk of the House of does. Why hasn’t this body provided Lord God, throughout our Nation’s Representatives: the funds for our troops and equipment history, You have raised up men and OFFICE OF THE CLERK, and for more personnel? women who have seen Your goodness in HOUSE OF REPRESENTATIVES, This is an emergency. Delaying will the beauty of nature and understand Washington, DC, May 4, 2007. put our troops at risk. We should au- Your essential purpose in the unfolding Hon. NANCY PELOSI, thorize the funds now; send equipment of human events. Speaker, House of Representatives, Washington, DC. now and, if needed, send more troops. Henry Thoreau was an early Amer- The American people expect our mili- DEAR MADAM SPEAKER: Pursuant to the ican hero, and possibly a mystic, who permission granted in Clause 2(h) of Rule II tary to do their duty. Well, the Amer- wrote an account of his 2 years spent in of the Rules of the U.S. House of Representa- ican people expect us to do ours as quiet solitude at Walden Pond. What he tives, the Clerk received the following mes- well. wrote about early America became a sage from the Secretary of the Senate on Congress needs to quit talking about classic, but he was an American classic May 4, 2007, at 10:48 a.m.: supporting the troops and put money himself. Reappointments: where our mouths seem to be.

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.

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.000 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 11407 Nathan Bedford Forrest, successful ANNOUNCEMENT BY THE SPEAKER Resolved, That the House of Representa- Confederate general, said it best about PRO TEMPORE tives— (1) recognizes and welcomes the leaders of winning and victory and the means to The SPEAKER pro tempore. Pursu- do so. He said: ‘‘Get there firstest with the Pacific Islands to Washington, D.C.; and ant to clause 8 of rule XX, the Chair (2) commends the East-West Center for the mostest.’’ will postpone further proceedings hosting the Pacific Islands Conference of Congress needs to send the generals today on motions to suspend the rules Leaders. the mostest, Mr. Speaker, needs to on which a recorded vote or the yeas The SPEAKER pro tempore. Pursu- send equipment and personnel that is and nays are ordered, or on which the needed. Doing this will help our mis- ant to the rule, the gentleman from vote is objected to under clause 6 of sion in spite of the Congressional Sur- American Samoa (Mr. FALEOMAVAEGA) rule XX. render Group’s desire to retreat and and the gentleman from Texas (Mr. Record votes on postponed questions POE) each will control 20 minutes. quit. will be taken after 6:30 p.m. today. And that’s just the way it is. The Chair recognizes the gentleman f from American Samoa. f RECOGNIZING AND WELCOMING GENERAL LEAVE CONGRATULATIONS TO PRESI- THE LEADERS OF THE PACIFIC Mr. FALEOMAVAEGA. Mr. Speaker, DENT-ELECT NICOLAS SARKOZY ISLANDS I ask unanimous consent that all Mem- (Mr. WILSON of South Carolina Mr. FALEOMAVAEGA. Mr. Speaker, bers may have 5 legislative days to re- asked and was given permission to advise and extend their remarks and to dress the House for 1 minute and to re- I move to suspend the rules and agree to the resolution (H. Res. 355) recog- include extraneous material on the res- vise and extend his remarks.) olution under consideration. Mr. WILSON of South Carolina. Mr. nizing and welcoming the leaders of the Pacific Islands to Washington, D.C., The SPEAKER pro tempore. Is there Speaker, I rise today to congratulate objection to the request of the gen- President-elect Nicolas Sarkozy, who and commending the East-West Center for hosting the Pacific Islands Con- tleman from American Samoa? the state newspaper has recognized as a There was no objection. ‘‘blunt and uncompromising pro-Amer- ference of Leaders. The Clerk read the title of the resolu- Mr. FALEOMAVAEGA. Mr. Speaker, ican conservative.’’ I yield myself such time as I may con- As a person of French heritage, I wel- tion. sume. come this change of course in France. The text of the resolution is as fol- Mr. Speaker, I rise in strong support We appreciate that France was our lows: of this resolution. first ally in the American Revolution, H. RES. 355 I would like to thank my good friend, as symbolized by the portrait of the Whereas the United States is a Pacific na- the gentleman from Texas, for his as- Marquis de Lafayette here in the tion; sistance in managing this important Chamber. France is a major investor in Whereas the East-West Center, as estab- legislation now before our colleagues. America, and I am grateful the mid- lished by the United States Congress in 1960, contributes to a peaceful, prosperous, and I would also like to thank our distin- lands of South Carolina is home to just Asia Pacific community by conducting guished chairman of the House Foreign three Michelin plants. cooperative research, education, and dia- Affairs Committee, Mr. TOM LANTOS, America and France have a common logue programs on critical issues of common enemy in the global war on terrorism, for his support of this resolution which concern to the Asia Pacific region and the recognizes and welcomes the leaders of and we have mutually beneficial goals United States; of economic development for our citi- Whereas the Pacific Islands Conference of the Pacific Island nations to Wash- zens. The French Caucus in Congress Leaders was created in 1980 at the East-West ington, D.C., and certainly commends looks forward to promoting our vibrant Center, which sponsors and supports this re- the East-West Center for hosting the partnership. gional institution through its Pacific Islands Pacific Island Conference of Leaders. The election of Nicolas Sarkozy is a Development Program; The Pacific Island Conference of Whereas the Pacific Islands Conference of Leaders represents some 14 island na- welcomed change to restore the warm Leaders is the most broadly-based regional relationship America desires with tions, three French territories and cooperation institution in the Pacific, in- three U.S. territories, including Amer- France. cluding 20 leaders from both independent Pa- In conclusion, God bless our troops, cific island nations and other Pacific govern- ican Samoa. Each year these leaders and we will never forget September 11. ments; meet at the East-West Center in Hono- f Whereas for the first the time in its his- lulu; but for the first time this year, tory, through the cooperation of the East- this conference is being held here in COMMUNICATION FROM STAFF West Center, the Department of State, and our Nation’s Capital. MEMBER OF HON. DAVID PRICE, Congress, the Pacific Islands Conference of Because this is a significant occa- MEMBER OF CONGRESS Leaders is convening May 7, 2007, through sion, I want to thank our distinguished The SPEAKER pro tempore laid be- May 9, 2007, in Washington, D.C.; senior ranking member of the House Whereas the United States has maintained fore the House the following commu- deep and enduring relations with the peoples Foreign Affairs Committee, Ms. ROS- nication from Dave Russell, District of the Pacific islands during times of peace LEHTINEN, as well as the ranking mi- Liaison, Office of the Honorable DAVID and war and is linked to the Pacific not only nority member of the House Foreign PRICE, Member of Congress: through geography but also through common Affairs Subcommittee on Asia and the HOUSE OF REPRESENTATIVES, interest and values; Pacific and the Global Environment, Washington, DC, May 2, 2007. Whereas the governments of the Pacific Is- my good friend Mr. MANZULLO, for Hon. NANCY PELOSI, lands Region are key partners with the their support of this resolution. Speaker, House of Representatives, United States in combating terrorism in all I also thank the 24 Members, our dis- its forms; Washington, DC. tinguished colleagues, who joined us in DEAR MADAM SPEAKER: This is to formally Whereas the United States and the Pacific notify you, pursuant to Rule VIII of the island nations can enhance their cooperation cosponsoring this historic resolution, Rules of the House of Representatives, that I in many other areas, including mutually including Congresswoman MADELEINE have been served with a judicial subpoena for beneficial trade and economic relationships, BORDALLO of Guam. I also commend trial testimony issued by the Orange County, tourism, environmental protection, mainte- members of the Hawaii congressional North Carolina District Court. nance of fisheries, and other maritime re- delegation, Senator DANIEL INOUYE, After consulting with the Office of General sources, addressing climate change, democ- Senator DANIEL AKAKA, Congressman Counsel, I have determined that compliance racy and good governance, and combating NEIL ABERCROMBIE and Congresswoman with the subpoena is consistent with the the spread of infectious diseases; and privileges and rights of the House. Whereas there are increasing numbers of MAZIE HIRONO, for their leadership in Sincerely, Americans of Pacific islander ancestry mak- support of this legislation and other DAVE RUSSELL, ing myriad contributions to America’s dyna- events and activities that will make District Liaison. mism and diversity: Now, therefore, be it the visit of our Pacific Island Leaders

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.000 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11408 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 7, 2007 to Washington more meaningful and b 1415 We need the Pacific Island nations as productive. Although the military won its bid to they need us. The people of the Pacific I especially want to thank also Gov- conduct a nuclear testing program, the nations do not want handouts, but they ernor Linda Lingle of the State of Ha- question was, where are we going to want equal treatment, respect, and waii for her support and for her co- conduct the testing? Since it was obvi- economic assistance will be beneficial hosting one of the important events ously too dangerous to explode atomic to them as well as to us. The seabed that have been featured here while the bombs in any of the States in the con- minerals within the exclusive eco- guests are here in Washington. tinental United States, it was deter- nomic zones of these island nations are Mr. Speaker, I would also like to mined that a place far and away was worth hundreds of billions of dollars, commend Dr. Charles Morrison, presi- needed, and thus the U.S. military but their potential use is priceless if dent of the East-West Center and mem- command chose the Marshall Islands as together we can find ways to harness bers of his staff, Dr. Sitiveni Halapua, the place to conduct our nuclear test- these resources. The same can be said and Dr. Gerard Finin for their hard ing program. of their fisheries and marine resources, work in arranging meetings that are I submit, Mr. Speaker, that I am not which will continue to be an ines- being held right now, as I speak, with sure if my colleagues are aware of the timable worth as the world struggles to officials of the U.S. Department of fact that the U.S. exploded some 67 nu- feed a growing population. State and other agencies of the Federal clear bombs in the Marshall Islands. There are many other areas in which Government. This also included the explosion of the we can work together if we can begin I want to especially thank our Sec- first hydrogen bomb ever in the history to establish even a USAID program in retary of State, Condoleezza Rice, for of the world. In layman’s terms, you the Pacific region. As chairman of the taking the time from her busy schedule must first explode an atomic bomb as a House Foreign Affairs Subcommittee to meet with our guests from the Pa- trigger to explode a hydrogen bomb. on Asia, the Pacific and the Global En- cific, and also Assistant Secretary of The hydrogen bomb that the U.S. ex- vironment, I look forward to working State, Chris Hill, and Deputy Assistant ploded in the Marshall Islands in 1954 with my colleagues to bring about Secretary of State, Glyn Davies, and was known as the Bravo Shot, and it needed and necessary changes in our their staffs for arranging appropriate was measured as a 15-megaton nuclear current relations with our Pacific Is- meetings with other officials rep- land neighbors. resenting the various agencies of the device, a thousand times more powerful On this historic occasion, Mr. Speak- administration. than the atom bombs we dropped on er, I also welcome these leaders to our Mr. Speaker, this is truly a historical Hiroshima and Nagasaki. day in our Nation’s Capital. With the I submit to my colleagues in the Nation’s Capital, and I urge my col- exception of Australia and New Zea- House, at the height of the Cold War, leagues to support this proposed legis- land, this is the first time in our coun- the people of the Marshall Islands lation. Mr. Speaker, I reserve the balance of try’s history that this number of lead- made tremendous sacrifices of their ers representing the Pacific region are properties and, above all, of themselves my time. Mr. POE. Mr. Speaker, I yield myself here as a group to meet with us and to after being exposed to nuclear radi- such time as I may consume. discuss issues that are mutually impor- ation. To this day, our government, Mr. Speaker, I want to thank the tant to them, as well as to us. Mr. Speaker, with all its honor and It was only in the last half century glory, has not made good our promises gentleman from American Samoa for that our Nation was engaged in one of to properly compensate these people sponsorship of this resolution and Mr. the bloodiest wars ever fought in the for the loss of their properties and to LANTOS, the chairman, and the ranking Pacific. World War II was fought in two provide adequate medical care, espe- member from Florida (Ms. ROS- fronts, one in Europe and the other in cially to those who were directly ex- LEHTINEN). the Pacific. In the islands of the Solo- posed to nuclear radiation as a result Today I rise to offer my endorsement mons, where Guadalcanal, as some of of our nuclear testing program. of a resolution that recognizes the en- you may have heard, is located in the In the near future, I will be proposing during ties of the United States and Pacific, so are the Marshall Islands, a bill that will address the needs of the the Pacific Island nations. Our Na- the islands of Samoa, the Philippines, people of the Marshall Islands as a re- tion’s links with the Pacific Islands ex- Papua, New Guinea, Palau, Guam, sult of our nuclear testing program, tend back to the earliest days of the Saipan, Tinian, Rota, Tarawa, Midway, and I am hopeful that my colleagues American Republic, when New England Borneo, Okinawa, Iwo Jima and several will support me in this effort. whalers, symbolized by Captain Ahab, others. People of the Pacific played Some of my colleagues have asked sailed in the South Pacific. In those critical roles in U.S. efforts to fight me, why should the United States take early days, clipper ships also set sail Japanese military forces in response to an interest in these small islands out from American ports across the Pacific the attack on Pearl Harbor on Decem- there in the middle of the Pacific? I in pursuit of the China trade. American ber 7, 1941. need not repeat myself on the impor- missionaries soon followed, journeying After World War II, with the excep- tance of these islands during World to the Pacific Islands to deepen the tion of Guam, the United States unilat- War II, and I have just shared with my cultural and religious ties between our erally declared the rest of Micronesia colleagues the tremendous sacrifices two peoples. as a strategic trust, which meant that the leaders and the people of the Mar- Our bonds to our Pacific neighbors these islands were placed under the ju- shall Islands made for the success of have been further enhanced by their risdiction and protection of the United our nuclear testing program. I have ethnic and historic links to our 50th States. also pointed out the shameful neglect State, Hawaii, America’s gateway to But a national debate also began as a on the part of our Nation to properly the Pacific. result of the devastation and the loss address the property rights and health When war came to the Pacific at of some 200,000 lives when we dropped care needs of these people who were ex- Pearl Harbor on that day of infamy, two atom bombs by our military that posed. All of them were exposed to nu- December 7, 1941, the peoples of the Pa- conducted this arrangement, where two clear radiation. cific joined the United States in turn- atom bombs were dropped on the cities Having said this, I want to reempha- ing back the threat of the invader. It of Hiroshima and Nagasaki. size the Pacific Islands were valuable was two Solomon Islanders who brave- While the atom bombs brought an to our Nation during World War II, ly carried a coconut hidden in a canoe immediate end to World War II in the and, believe me, these nations will be through enemy lines with the immor- Pacific, scientists and political leaders valuable to us again in the future. We tal words: ‘‘Commander . . . native in our country debated whether or not fool ourselves if we believe we do not knows position . . . he can pilot . . . 11 nuclear energy was to be used for mili- need allies in a volatile region that alive . . . need small boat . . . Ken- tary or peaceful purposes. covers one-third of the world’s surface. nedy.’’

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.000 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 11409 The rescue of the crew of PT–109, in- building for the Solomon Islands gov- Jamestown, which is observing the cluding a future President of the ernment. And in doing so, we provided 400th anniversary of the founding of United States, John F. Kennedy, is re- the funding, and I was privileged and the first permanent English settlement membered as one of the great epic sto- honored to accompany the good Sen- in the Americas. ries of the war in the Pacific. ator from Rhode Island, Senator Indeed, Great Britain and the United In the six decades since the end of Chafee. And we went over to the Sol- States enjoy close, special relations es- that war, our diplomatic, commercial omon Islands to dedicate this new par- tablished in revolution, forged in world and cultural ties have grown steadily liamentary building and found out that wars and tempered by peace and eco- with our Pacific neighbors. One legacy Senator Chafee was a 19-year-old Ma- nomic growth. This is a relationship to of the American President rescued by rine fighting enemy forces in Guadal- cherish. But let us not forget that the the Pacific Islanders has been the canal, and it was quite a statement and United States is fortunate to have Peace Corps, which has sent volunteers a very moving experience that I had in formed special relationships elsewhere to work together with the peoples of noticing one of our national leaders, in the world. Those relationships are the Pacific for the past 40 years. the great Senator from Rhode Island, similarly important, especially those The East-West Center in Hawaii, es- revisited Guadalcanal where this battle that we share with the islands of the tablished by the United States Con- was fought. And he was there as a 19- Pacific region. gress in 1960, has been a vital source for year-old Marine. And we did this, and Like with Great Britain, the United cultural and academic exchange and the people of the Solomon Islands were States shares an ocean with its friends for a dialogue on critical issues of mu- very grateful that we were able to in the Pacific. But we also share com- tual concern. The center has played a build this new parliamentary building mon histories, culture and, among pivotal role in cementing the ties be- as a token, as a gift, from the people of other things, a great desire for peace tween the peoples of the United States the United States to commemorate and and economic security and prosperity and the peoples of the Pacific Islands. I to remember the tremendous sacrifices that forge indelible bonds between our commend the center for hosting the not only that our soldiers and our Ma- peoples. House Resolution 355 recog- Pacific Island Conference of Leaders rines made on these islands but also nizes this. The resolution notes the here in Washington, D.C. Therefore, I the support that the people of the Sol- United States is a Pacific nation, and I welcome the opportunity to offer my omon Islands provided us in the war ef- could not agree more wholeheartedly strong and enthusiastic support for fort. and firmly. The gaze of the United House Resolution 355, welcoming I also want to commend the Con- States must be west. The Pacific Cen- America’s good friends, the leaders of gress. I don’t know if our colleagues tury is undoubtedly upon us, and we the Pacific Islands, to Washington, are aware of the fact that, in 1960, Con- are fortunate to have such strong D.C. gress enacted special legislation to es- friendships and alliances established I offer them and the people of the Pa- tablish the East-West Center. And it there. cific a warm welcome of ‘‘aloha.’’ was a tremendous effort to see what we The eighth meeting of the Pacific Is- Mr. Speaker, I reserve the balance of could do to establish good relations be- lands Conference of Leaders, which will my time. tween the East and the Asian countries occur this week in Washington, D.C., is Mr. FALEOMAVAEGA. Mr. Speaker, and that of our own country. And that evidence of the strong relationship I yield myself such time as I may con- was the very purpose. To establish ex- that exists between the United States sume. changes and to establish forums and and the islands of the Pacific. The Pa- I want to thank and commend my symposiums to allow the leaders of the cific Islands Conference of Leaders, good friend, the gentleman from Texas, nations of Asia and the Pacific region hosted by the East-West Center with for a most eloquent statement and ob- to meet together with our leaders and the support of the Department of servations in terms of our relationship to see if we could resolve some of the State, is comprised of 20 heads of gov- with these Pacific Island nations. issues and problems confronting the re- ernment from the Pacific Islands re- I recall years ago we took a congres- gion as well as our own Nation. gion and meets once every 3 years. The sional delegation. At that time, the So with that, I wanted to just share conference members include: American chairman of our Asia and the Pacific those two points with our colleagues in Samoa, the Cook Islands, the Fed- Subcommittee of the Foreign Affairs the House. erated States of Micronesia, Fiji Is- Committee, Congressman Steve Solarz Mr. Speaker, I yield 6 minutes to my lands, French Polynesia, Guam, Ha- from New York; Congressman Bob Dor- good friend, the gentlewoman from the waii, Kiribati, the Marshall Islands, nan from California; and myself. And Territory of Guam (Ms. BORDALLO). Nauru, New Caledonia, Niue, the we visited the various island nations Ms. BORDALLO. Mr. Speaker, I rise Northern Mariana Islands, Palau, and found out that we have become today in support of House Resolution Papua New Guinea, Samoa, the Sol- somewhat of a nation totally neglect- 355, a resolution recognizing and wel- omon Islands, Tonga, Tuvalu, Vanuatu. ful of our efforts to establish good rela- coming the leaders of the Pacific Is- Notably, this is the first time the Pa- tions with these island nations. lands to Washington, D.C., and com- cific Islands Conference of Leaders has I recall we visited the Solomon Is- mending the East-West Center for been held in Washington, and that the lands and specifically the Guadalcanal hosting the Pacific Islands Conference commitment of the United States to that most Americans have heard in the of Leaders. the conference could not be stronger or news of World War II, which was where I am encouraged by the strong sup- broader is encouraging. Very encour- some of the bloodiest battles were port that Congress continues to display aging. fought there by the Marines against toward promoting closer political, eco- Japanese forces. And in our efforts in nomic and cultural ties among the is- b 1430 trying to find out what can we do on lands and the countries of the Pacific Interagency delegations to the con- behalf of our country in terms of how region. This resolution is evidence of ference this week will include rep- we can express a sense of token appre- the East-West Center’s excellent work resentatives from the Department of ciation to the people of the Solomon Is- toward facilitating the achievement of State, the Department of Defense, the lands for the support they gave us dur- those goals. United States Agency for International ing the famous battles that we had to We have the unique honor this week Development, the Office of the U.S. endure during the war there in Guadal- of hosting a State visit by the Queen of Trade Representative, the National canal. And in doing so, we came back England. She and her husband, Prince Oceanic and Atmospheric Administra- and submitted to the Congress a pro- Phillip, began their 6-day trip to the tion, the United States Coast Guard, posal that what would be a good ges- United States in Virginia last week. the Peace Corps and the Millennium ture on behalf of the people of America Notably, the Queen addressed the Challenge Corporation. These rep- would be to build a parliamentary State’s General Assembly and visited resentatives’ participation during the

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.000 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11410 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 7, 2007 conference will further enhance the al- cific Islands and the need for coopera- sources while enormous are not unlimited, and ready excellent work on the part of tion with the United States and the management requires cooperation across all their departments and agencies within Pacific Islands. of our governments. These islands also work the region. He mentioned the Solomon Islands closely with the U.S. on an important environ- Mr. Speaker, we owe special thanks during World War II. The Solomon Is- mental and security concern, global climate to the East-West Center for its efforts lands, among many other island na- change, which has the potential to drastically to organize this event. The East-West tions in the Pacific, helped the United affect all who depend on the Pacific for their Center is an education and research or- States combat imperialism. And when livelihood. Furthermore, trade, tourism, and ganization established by the United the American troops left those islands, other economic ties further reveal the inter- States Congress in 1960 in order to many of those nations had to suffer dependence between the Pacific Islands and strengthen relations and under- continuously for the destruction that the U.S. The resolution before us recognizes standings achieved between the United occurred on their islands. And of these factors. States and the peoples and the coun- course there are still Americans who As we mark Asian Pacific American (APA) tries of Asia and the Pacific. are volunteering from American Heritage month, we would also be remiss to As noted in House Resolution 355, the Samoa and Guam fighting in our Amer- not point out that Americans of Pacific Island center successfully contributes to a ican forces overseas. And some Ameri- decent are a rapidly growing ethnic group peaceful, a prosperous and a just Asia- cans sometimes forget that these two within the U.S. They add strength to our com- Pacific community by serving as a vig- areas of our country help in the great munities with their diversity and values, and orous hub for cooperative research, war on terror. So I want to commend they make important contributions to the U.S. education and dialogue on critical him for bringing this resolution, and I as a whole. The resolution also mentions this issues of common concern to the Asia- support the adoption of House Resolu- important fact. Pacific region and the United States. tion 355. Furthermore, the resolution discusses the The East-West Center has established With that, Mr. Speaker, I yield back importance of the East-West Center, which for itself a strong reputation as an the balance of my time. runs the Conference of Leaders. Congress es- ideal forum for emerging leaders and Mr. FALEOMAVAEGA. Mr. Speaker, tablished the East-West Center, which is regional specialists to discuss issues may I inquire as to how much time I based in my district, in 1960. The East-West and strengthen relations with their have remaining. Center seeks to establish a dialogue between colleagues, and I strongly support their The SPEAKER pro tempore. The gen- the peoples and nations of Asia, the Pacific, ongoing efforts in this regard. tleman has 2 minutes remaining. and the U.S. The East-West Center provides Representing Guam at the Pacific Is- Mr. FALEOMAVAEGA. I just wanted a home for academics who perform vital re- lands Conference of Leaders will be the to add, as a matter of history here, it search that helps all parties better understand Honorable Felix Camacho, the Gov- was during the 1970s, then-chairman of each other’s history and culture. The Center’s ernor of Guam, and accompanying him the House Subcommittee on Terri- Education and Outreach sphere helps dis- will be his wife, our first lady of Guam, tories, the late Congressman Phillip seminate what researchers learn to the broad- Joann Camacho. I welcome them to our Burton from San Francisco, who initi- er public and to policymakers. Finally, the Nation’s capital and wish them the ated the move in terms of finding out Center provides important dialogue programs. best during their discussions with their how the East-West Center was doing as Under the effective leadership of Dr. Charles colleagues from the region. far as the Pacific Islands were con- Morrison, the East-West Center continues to Guam, both the United States terri- cerned. And as a result of the assist- address the challenges of the Asian-Pacific tory and a Pacific Island, is a leader in ance also from then former Congress- 21st Century. the region economically, politically woman Yvonne Brathwaite Burke, who Established in 1980 the East-West Center’s and in terms of regional security. served as a member of the Appropria- Pacific Islands Conference of Leaders grows Guam, and the perspective of its peo- tions Committee, there was greater at- out of these dialogue programs. It seeks to ple, will continue to have a unique and tention given to the needs of the Pa- bring together leaders from the region to dis- influential role in the region in the cific Island nations. And I want to cuss many of the issues I mentioned earlier. years to come as a result of the chang- commend certainly the former Gov- In the era of growing interdependence being posture of the United States mili- ernor of the State of Hawaii, Governor tween the U.S. and Pacific Island govern- tary in the Asia-Pacific region and the George Ariyoshi, and the late Prime ments, both the work of the Center and the increased economic activity that is Minister of Fiji, Sir Ratu Kamisese Conference of Leaders becomes more impor- planned for the island in the coming Mara, for the outstanding leadership tant. years. I sincerely hope that the rela- that they displayed and demonstrated I urge my colleagues to support both this tionship that Guam shares with its Pa- in establishing this special program resolution, and provide continued support to cific Island partners will grow stronger now allotting to the needs of our Pa- the East-West Center. during this period. cific Island nations. Certainly Gov- Mr. MANZULLO. Mr. Speaker, I rise today And, finally, Mr. Speaker, I want to ernor John Waihee and also Governor in support of House Resolution 355 welcoming thank and recognize our distinguished Linda Lingle were also very supportive the Leaders from the Pacific Island nations to colleague from American Samoa, Mr. of this effort. the Eighth Pacific Island Conference being FALEOMAVAEGA, for his leadership as Mr. Speaker, I want to thank again held in Washington. I commend my distin- chairman of the Subcommittee on Asia my colleague from Texas for his com- guished friend and colleague, Chairman and the Pacific, and the Global Envi- pliments and the remarks concerning FALEOMAVAEGA, for introducing this resolution. ronment. We are all indebted to him this resolution. And, again, I urge my The United States and the Pacific Island na- for his command of the issues of con- colleagues to support this resolution. tions share strong economic and cultural ties cern to our allies in the Pacific and for Mr. ABERCROMBIE. Mr. Speaker, I rise that have endured the test of time. The tri- his leadership in strengthening United today to support H. Res. 355, a resolution rec- ennial meeting of the Pacific Island Con- States foreign defense and economic ognizing and welcoming the leaders of the Pa- ference is an important event that allows the policy. cific Islands to Washington, D.C., and com- U.S. to reaffirm its friendship and ties with the I urge adoption of House Resolution mending the East-West Center for hosting the 20 nations participating in the Conference. 355. Pacific Islands Conference of Leaders. This year’s meeting will take place in Wash- Mr. POE. Mr. Speaker, I yield myself The United States has always had a unique ington, DC, for the first time. as much time as I may consume. relationship to the Pacific Islands. Not only do Our friends in the Pacific Island nations Mr. Speaker, I want to once again they help play a key role in the fight against have stood by us steadfastly during the dark- commend the gentleman from Amer- terrorism, but these governments also aid the est moments of this Nation’s history. A great ican Samoa for not only bringing forth U.S. in its overall security. Furthermore, both number of the sons and daughters from the this resolution, but his work in edu- the U.S. and the Pacific Islands rely on the Marshall Islands, Micronesia, and Palau cur- cating the American public on the Pa- vast resources of the Pacific basin; these re- rently serve in the U.S. Armed Forces. They

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00005 Fmt 0688 Sfmt 9920 E:\BR07\H07MY7.000 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 11411 stand side by side with volunteers from Amer- imum Pell grant award and cutting the interest SECTION 1. USE OF CAPITOL GROUNDS FOR NA- TIONAL PEACE OFFICERS’ MEMO- ican Samoa, the Northern Marianas, Guam, rates on student loans. RIAL SERVICE. Hawaii, and other states to protect our free- Mr. Speaker, Asian Pacific American Herit- (a) IN GENERAL.—The Grand Lodge of the dom. age Month is also a wonderful opportunity for Fraternal Order of Police and its auxiliary America’s ties with the countries in the our country to honor hard-working and dedi- (in this resolution referred to as the ‘‘spon- South Pacific date back centuries from the cated organizations that help our AAPI com- sor’’) shall be permitted to sponsor a public early days when American whalers sought munities meet the many challenges of today. event, the 26th annual National Peace Offi- safety in Fiji and Tonga and continuing I particularly want to recognize some of the cers’ Memorial Service (in this resolution re- through to the Pacific campaign during World organizations in my 34th Congressional Dis- ferred to as the ‘‘event’’), on the Capitol Grounds, in order to honor the law enforce- War II. To this day, Pacific Island nations rep- trict and thank their staffs and volunteers for ment officers who died in the line of duty resent some of America’s strongest allies at the many valuable services they provide to the during 2006. the United Nations. community: The Asian Pacific American Legal (b) DATE OF EVENT.—The event shall be I applaud the Administration and the East Center, is one of our Nation’s largest public held on May 15, 2007, or on such other date as West Center for elevating the importance of service organizations that provides legal serv- the Speaker of the House of Representatives this year’s Pacific Island Conference to the ices and education to create a more equitable and the Committee on Rules and Adminis- highest level by holding it in our nation’s cap- society; the Chinatown Service Center’s Fam- tration of the Senate jointly designate. itol. I look forward to meeting with the Leaders ily Health Clinic provides comprehensive, af- SEC. 2. TERMS AND CONDITIONS. during their visit to Congress. (a) IN GENERAL.—Under conditions to be fordable health care to thousands of low-in- prescribed by the Architect of the Capitol Ms. ROYBAL-ALLARD. Mr. Speaker, I am come families; the Little Tokyo Service Cen- and the Capitol Police Board, the event shall proud to join my colleagues in honoring the ter’s Community Economic Development pro- be— rich heritage and important contributions made grams have developed more than $100 million (1) free of admission charge and open to the to our Nation by Asian Americans and Pacific in community-serving nonprofit real estate; the public; and Islanders. Filipino American Service Group, Inc., pro- (2) arranged not to interfere with the needs I thank Congressman HONDA and the Con- vides services to seniors, veterans, and home- of Congress. gressional Asian Pacific American Caucus for less adults in and around Historic Filipinotown; (b) EXPENSES AND LIABILITIES.—The spon- organizing this evening’s special order. sor shall assume full responsibility for all and the Japanese American National Museum expenses and liabilities incident to all activi- Born and raised in the diverse city of Los and its affiliate, the National Center for the ties associated with the event. Angeles, California, I have been blessed with Preservation of Democracy, educates the pub- SEC. 3. EVENT PREPARATIONS. friendships and experiences that have given lic about the importance of remembering Japa- Subject to the approval of the Architect of me a deep respect and appreciation of the nese American history to help guard against the Capitol, the sponsor is authorized to unique cultures and customs of our AAPI com- prejudice in our society. erect upon the Capitol Grounds such stage, munities. These are just a few of the many organiza- sound amplification devices, and other re- That respect and appreciation has grown tions devoted to improving the quality of life in lated structures and equipment, as may be even greater as a member of Congress hon- the 34th Congressional district and throughout required for the event. ored to represent many of these communities, the Los Angeles region, and I salute them for SEC. 4. ENFORCEMENT OF RESTRICTIONS. The Capitol Police Board shall provide for including Little Tokyo, Chinatown, and historic their services. Filipinotown. enforcement of the restrictions contained in In closing, I thank the Asian American and section 5104(c) of title 40, United States Code, The American dream for Asian American Pacific Islander community and especially my concerning sales, advertisements, displays, Pacific Islanders is the same as for all Ameri- constituents for continuing to enrich my life, and solicitations on the Capitol Grounds, as cans: Freedom, justice, respect and the oppor- the lives of Angelenos, and our Nation as a well as other restrictions applicable to the tunity for a better life. whole. Capitol Grounds, in connection with the This year’s commemoration theme—‘‘Meet- Mr. FALEOMAVAEGA. Mr. Speaker, event. ing the Challenges for Asian Pacific Ameri- I yield back the balance of my time. The SPEAKER pro tempore. Pursu- cans in 2007’’—unfortunately highlights the The SPEAKER pro tempore. The ant to the rule, the gentleman from sad reality that, while generations of Asian question is on the motion offered by Maine (Mr. MICHAUD) and the gentle- American and Pacific Islanders have a long the gentleman from American Samoa woman from West Virginia (Mrs. history of fighting to protect our country in time (Mr. FALEOMAVAEGA) that the House CAPITO) each will control 20 minutes. of war, contributing to the strength our Na- suspend the rules and agree to the reso- The Chair recognizes the gentleman tion’s economy and enriching our lives with lution, H. Res. 355. from Maine. the beauty of their culture and customs, like The question was taken; and (two- GENERAL LEAVE too many other communities in our country, thirds being in the affirmative) the Mr. MICHAUD. Mr. Speaker, I ask they continue to face the obstacles of discrimi- rules were suspended and the resolu- unanimous consent that all Members nation and racism in pursuit of their American tion was agreed to. have 5 legislative days to revise and ex- dream. A motion to reconsider was laid on tend their remarks and include extra- Eliminating these barriers and honoring the the table. neous material on House Concurrent contributions of the AAPI communities is a top Resolution 124. priority for me, my colleagues and our new f The SPEAKER pro tempore. Is there Democratic majority. objection to the request of the gen- We will continue to work to successfully: AUTHORIZING USE OF CAPITOL tleman from Maine? Pass a comprehensive immigration reform bill GROUNDS FOR NATIONAL PEACE There was no objection. that is fair and just; eliminate health disparities Mr. MICHAUD. Mr. Speaker, I yield OFFICERS’ MEMORIAL SERVICE by expanding health care coverage and re- myself such time as I may consume. moving linguistic and cultural barriers to qual- Mr. MICHAUD. Mr. Speaker, I move Mr. Speaker, House Concurrent Reso- ity care; honor our veterans by adequately to suspend the rules and agree to the lution 124 authorizes the use of the funding veterans programs and restoring the concurrent resolution (H. Con. Res. 124) Capitol grounds for the National Peace benefits denied to so many veterans, including authorizing the use of the Capitol Officers’ Memorial Service. Over 150 the thousands of Filipinos who bravely fought Grounds for the National Peace Offi- Federal, State, and local law enforce- in the U.S. Military during World War II; Pro- cers’ Memorial Service. ment officers killed in the line of duty vide small business with the tools needed to The Clerk read the title of the con- in 2006 will be honored at this memo- encourage entrepreneurial innovation, which current resolution. rial service. will help the AAPI and other vulnerable com- The text of the concurrent resolution In 1962, President John F. Kennedy munities develop new business ventures that is as follows: signed a proclamation which des- will create jobs and economic prosperity; and H. CON. RES. 124 ignated May 15 as Peace Officers’ Me- work to make higher education a reality for all Resolved by the House of Representatives (the morial Day, and the week in which the America’s students by increasing the max- Senate concurring), date falls as Police Week.

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.000 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11412 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 7, 2007 The first official memorial service protect our nation. These individuals, who are This resolution permits the Grand Lodge of took place on May 15, 1982, at which 91 responsible for safeguarding the rights and the Fraternal Order of Police and its auxiliary law enforcement officers were honored. freedoms we enjoy as Americans, are true he- to sponsor a free public event, the 26th An- Over the past 26 years, the memorial roes. nual National Peace Officers’ Memorial Serv- service has honored over 3,000 law en- Peace Officers Memorial Day honors those ice, on the Capitol grounds on May 15, 2007. forcement officers from around our Na- who have made the ultimate sacrifice for the This service will honor the law enforcement of- tion. safety and security of their communities and ficers killed in the line of duty during 2006 who Today, the National Peace Officers’ our nation. Created by Public Law 87–726, have died in the line of duty, as well as the Memorial Service on Capitol Hill has signed by President Kennedy in 1962, this day 800,000 officers who continue to serve in fed- become one in a series of well-attended gives us the opportunity to acknowledge and eral, state and local law enforcement agencies events during Police Week. Activities pay our respects to those who, through their nationwide. on Capitol grounds conducted under courageous deeds, have fallen in the line of Mr. Speaker, I urge my colleagues to join House Concurrent Resolution 124 will duty. me in supporting this important resolution. I be coordinated with the Office of Ar- Mr. Speaker, on Sunday, May 13, 2007, 382 yield back the balance of my time. chitect of the Capitol, will be free and names will be added to the National Law En- Mr. CAPITO. Mr. Speaker, I yield open to the public. I support this reso- forcement Officers Memorial during the 19th back the balance of my time. lution and urge its passage. Annual Candlelight Vigil. These 382 names in- Mr. MICHAUD. Mr. Speaker, I yield Mr. Speaker, I reserve the balance of clude 145 officers who died in 2006, plus 237 back the balance of my time. my time. from earlier years who had previously been The SPEAKER pro tempore. The Mrs. CAPITO. Mr. Speaker, I yield lost to history. Of these 382 names, 55 rep- question is on the motion offered by myself such time as I may consume. resent Texas law officers who lost their lives the gentleman from Maine (Mr. House Concurrent Resolution 124 au- in the line of duty, nine of them in 2006. MICHAUD) that the House suspend the thorizes the use of the Capitol grounds Mr. Speaker, one of the names of the fallen rules and agree to the concurrent reso- for the annual National Peace Officers’ heroes to be added to the list is Officer Rod- lution, H. Con. Res. 124. Memorial Service to be held Tuesday ney J. Johnson of the Houston Police Depart- The question was taken; and (two- May 17, 2007. The Grand Lodge of the ment. Officer Johnson, a 12 year veteran of thirds being in the affirmative) the Fraternal Order of Police and its auxil- the Houston Police Department, was killed rules were suspended and the concur- iary annually sponsor this event hon- September 21, 2006, while taking a suspect in rent resolution was agreed to. oring some of America’s bravest men custody during a traffic stop. He leaves to A motion to reconsider was laid on and women. honor his memory his beloved wife, Houston the table. Since the first recorded police death Police Department Officer Joslyn Johnson, f in 1792, there have been more than and five teen-age children; three daughters GUAM WORLD WAR II LOYALTY 17,900 law enforcement officers killed and two sons, ages 14 to 19. RECOGNITION ACT in the line of duty. The memorial serv- Officer Rodney Johnson was born in Hous- ice will honor the 145 Federal, State, ton and served in the U.S. Army as a military Ms. BORDALLO. Mr. Speaker, I move and local law enforcement officers who police officer until being honorably discharged to suspend the rules and pass the bill made the ultimate sacrifice while pro- in 1990. He then went to work as a correc- (H.R. 1595) to implement the rec- tecting their communities in 2006, as tions officer for the Texas Department of ommendations of the Guam War well as all law enforcement officers Criminal Justice and then as a jail attendant. Claims Review Commission, as amend- who have died in the line of duty. He graduated from the Houston police acad- ed. This will be the 26th time that this emy in 1994. The Clerk read the title of the bill. event has been held on the grounds of As a member of the department’s Southeast The text of the bill is as follows: the Capitol. This memorial service is Gang Task Force, Officer Rodney Johnson H.R. 1595 part of National Police Week, which earned two Lifesaving Awards and one Medal Be it enacted by the Senate and House of Rep- was created by law in 1962 and runs this of Valor from the state of Texas. In January resentatives of the United States of America in year from May 8 through May 15. 1998, Officer Rodney Johnson rescued a Congress assembled, Police Week draws officers, their physically challenged driver trapped in rising SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.—This Act may be cited as families and survivors of fallen officers floodwaters in January 1998 and later that the ‘‘Guam World War II Loyalty Recogni- from around the country and includes year he rescued mentally challenged people tion Act’’. such events as the Blue Mass at St. trapped inside of a burning house. (b) TABLE OF CONTENTS.—The table of con- Patrick’s Catholic Church, the candle- Officer Rodney Johnson, who stood 6 feet 5 tents of this Act is as follows: light vigil at the National Law En- inches tall and weighed nearly 300 pounds, Sec. 1. Short title; table of contents. forcement Memorial, and a police served on his union’s board of directors. As Sec. 2. Recognition of the suffering and loy- unity tour featuring officers and his- Hans Marticiuc, the president of Officer John- alty of the residents of Guam. toric vehicles. son’s union stated, ‘‘he was big and he was Sec. 3. Payments for Guam World War II The memorial service begins at noon claims. intimidating-looking, but he was as gentle as a Sec. 4. Adjudication. on Tuesday. Following the ceremony baby bear.’’ Sec. 5. Grants program to memorialize the on the Capitol Hill grounds, there will Mr. Speaker, the number of officers killed in occupation of Guam during be a procession to the Law Enforce- the line of duty last year declined nearly 8 per- world war II. ment Memorial and a wreath-laying cent from 2005, when there were 157 officer Sec. 6. Authorization of Appropriations. ceremony. deaths. The 2006 figure was the lowest an- SEC. 2. RECOGNITION OF THE SUFFERING AND I encourage my colleagues to attend nual total since 1999, when 143 officers were LOYALTY OF THE RESIDENTS OF GUAM. this much deserved memorial service lost. (a) RECOGNITION OF THE SUFFERING OF THE and honor those who protect our com- Although the number of officers killed in the RESIDENTS OF GUAM.—The United States rec- munities on the front lines. line of duty has declined in recent years, the ognizes that, as described by the Guam War I support the measure and encourage fact that one officer is killed every two-and-a- Claims Review Commission, the residents of my colleagues to do the same. half days in our country is a sober reminder Guam, on account of their United States na- Ms. JACKSON-LEE of Texas. Mr. Speaker, that protecting our communities and safe- tionality, suffered unspeakable harm as a re- I rise today in support of H. Con. Res. 124, guarding our democracy come at a heavy sult of the occupation of Guam by Imperial which authorizes the use of the Capitol price. Including this year’s officers, there are Japanese military forces during World War grounds for the National Peace Officers’ Me- now 17,917 names engraved on the Memorial, II, by being subjected to death, rape, severe personal injury, personal injury, forced morial Service. representing officers from all 50 states, the labor, forced march, or internment. Peace officers, the sworn, public-sector offi- District of Columbia, U.S. territories, and fed- (b) RECOGNITION OF THE LOYALTY OF THE cers entrusted with law enforcement authority eral law enforcement and military police agen- RESIDENTS OF GUAM.—The United States for- and the power of arrest, risk their lives daily to cies. ever will be grateful to the residents of

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.000 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 11413 Guam for their steadfast loyalty to the Law 79–224) if a timely claim had been filed the total amount paid pursuant to any pay- United States of America, as demonstrated under the terms of such Act. ment certified under the provisions of this by the countless acts of courage they per- (2) COMPENSABLE GUAM VICTIM.—The term Act on account of such claim. Any agree- formed despite the threat of death or great ‘‘compensable Guam victim’’ means an indi- ment to the contrary shall be unlawful and bodily harm they faced at the hands of the vidual determined under section 4(a)(1) to void. Whoever demands or receives, on ac- Imperial Japanese military forces that occu- have suffered, as a result of the attack and count of services so rendered, any remunera- pied Guam during World War II. occupation of Guam by Imperial Japanese tion in excess of the maximum permitted by SEC. 3. PAYMENTS FOR GUAM WORLD WAR II military forces during World War II, or inci- this section shall be fined not more than CLAIMS. dent to the liberation of Guam by United $5,000 or imprisoned not more than 12 (a) PAYMENTS FOR DEATH, PERSONAL IN- States military forces, any of the following: months, or both. JURY, FORCED LABOR, FORCED MARCH, AND IN- (A) Rape or severe personal injury (such as (7) APPEALS AND FINALITY.—Objections and TERNMENT.—Subject to section 6(a), after re- loss of a limb, dismemberment, or paralysis). appeals of decisions of the Foreign Claims ceipt of certification pursuant to section (B) Forced labor or a personal injury not Settlement Commission shall be to the Com- 4(b)(8) and in accordance with the provisions under subparagraph (A) (such as disfigure- mission, and upon rehearing, the decision in of this Act, the Secretary of the Treasury ment, scarring, or burns). each claim shall be final, and not subject to shall make payments as follows: (C) Forced march, internment, or hiding to further review by any court or agency. (1) RESIDENTS INJURED.—The Secretary evade internment. (8) CERTIFICATIONS FOR PAYMENT.—After a shall pay compensable Guam victims who (3) DEFINITIONS OF SEVERE PERSONAL INJU- decision approving a claim becomes final, are not deceased before any payments are RIES AND PERSONAL INJURIES.—The Foreign the chairman of the Foreign Claims Settle- made to individuals described in paragraphs Claims Settlement Commission shall pro- ment Commission shall certify it to the Sec- (2) and (3) as follows: mulgate regulations to specify injuries that retary of the Treasury for authorization of a (A) If the victim has suffered an injury de- constitute a severe personal injury or a per- payment under section 3. scribed in subsection (c)(2)(A), $15,000. sonal injury for purposes of subparagraphs (9) TREATMENT OF AFFIDAVITS.—For pur- (B) If the victim is not described in sub- (A) and (B), respectively, of paragraph (2). poses of section 3 and subject to paragraph paragraph (A) but has suffered an injury de- SEC. 4. ADJUDICATION. (2), the Foreign Claims Settlement Commis- scribed in subsection (c)(2)(B), $12,000. (a) AUTHORITY OF FOREIGN CLAIMS SETTLE- sion shall treat a claim that is accompanied (C) If the victim is not described in sub- MENT COMMISSION.— by an affidavit of an individual that attests paragraph (A) or (B) but has suffered an in- (1) IN GENERAL.—The Foreign Claims Set- to all of the material facts required for es- jury described in subsection (c)(2)(C), $10,000. tlement Commission is authorized to adju- tablishing eligibility of such individual for (2) SURVIVORS OF RESIDENTS WHO DIED IN dicate claims and determine eligibility for payment under such section as establishing a WAR.—In the case of a compensable Guam de- payments under section 3. prima facie case of the individual’s eligi- cedent, the Secretary shall pay $25,000 for (2) RULES AND REGULATIONS.—The chair- bility for such payment without the need for distribution to eligible survivors of the dece- man of the Foreign Claims Settlement Com- further documentation, except as the Com- dent as specified in subsection (b). The Sec- mission shall prescribe such rules and regu- mission may otherwise require. Such mate- retary shall make payments under this para- lations as may be necessary to enable it to rial facts shall include, with respect to a graph after payments are made under para- carry out its functions under this Act. Such claim under paragraph (2) or (3) of section graph (1) and before payments are made rules and regulations shall be published in 3(a), a detailed description of the injury or under paragraph (3). the Federal Register. other circumstance supporting the claim in- (3) SURVIVORS OF DECEASED INJURED RESI- (b) CLAIMS SUBMITTED FOR PAYMENTS.— volved, including the level of payment DENTS.—In the case of a compensable Guam (1) SUBMITTAL OF CLAIM.—For purposes of sought. victim who is deceased, the Secretary shall subsection (a)(1) and subject to paragraph (10) RELEASE OF RELATED CLAIMS.—Accept- pay $7,000 for distribution to eligible sur- (2), the Foreign Claims Settlement Commis- ance of payment under section 3 by an indi- vivors of the victim as specified in sub- sion may not determine an individual is eli- vidual for a claim related to a compensable section (b). The Secretary shall make pay- gible for a payment under section 3 unless Guam decedent or a compensable Guam vic- ments under this paragraph after payments the individual submits to the Commission a tim shall be in full satisfaction of all claims are made under paragraphs (1) and (2). claim in such manner and form and con- related to such decedent or victim, respec- (b) DISTRIBUTION OF SURVIVOR PAYMENTS.— taining such information as the Commission tively, arising under the Guam Meritorious Payments under paragraph (2) or (3) of sub- specifies. Claims Act of 1945 (Public Law 79–224), the section (a) to eligible survivors of an indi- (2) FILING PERIOD FOR CLAIMS AND NOTICE.— implementing regulations issued by the vidual who is a compensable Guam decedent All claims for a payment under section 3 United States Navy pursuant thereto, or this or a compensable Guam victim who is de- shall be filed within one year after the For- Act. ceased shall be made as follows: eign Claims Settlement Commission pub- (11) PENALTY FOR FALSE CLAIMS.—The pro- (1) If there is living a spouse of the indi- lishes public notice of the filing period in the visions of section 1001 of title 18 of the vidual, but no child of the individual, all of Federal Register. The Foreign Claims Settle- United States Code (relating to criminal the payment shall be made to such spouse. ment Commission shall provide for the no- penalties for false statements) apply to (2) If there is living a spouse of the indi- tice required under the previous sentence not claims submitted under this subsection. vidual and one or more children of the indi- later than 180 days after the date of the en- SEC. 5. GRANTS PROGRAM TO MEMORIALIZE THE vidual, one-half of the payment shall be actment of this Act. In addition, the Com- OCCUPATION OF GUAM DURING made to the spouse and the other half to the mission shall cause to be publicized the pub- WORLD WAR II. child (or to the children in equal shares). lic notice of the deadline for filing claims in (a) ESTABLISHMENT.—Subject to section 6(b) and in accordance with this section, the (3) If there is no living spouse of the indi- newspaper, radio, and television media on Secretary of the Interior shall establish a vidual, but there are one or more children of Guam. grants program under which the Secretary the individual alive, all of the payment shall (3) ADJUDICATORY DECISIONS.—The decision shall award grants for research, educational, be made to such child (or to such children in of the Foreign Claims Settlement Commis- and media activities that memorialize the sion on each claim shall be by majority vote, equal shares). events surrounding the occupation of Guam (4) If there is no living spouse or child of shall be in writing, and shall state the rea- during World War II, honor the loyalty of the the individual but there is a living parent (or sons for the approval or denial of the claim. people of Guam during such occupation, or parents) of the individual, all of the payment If approved, the decision shall also state the both, for purposes of appropriately illu- shall be made to the parents (or to the paramount of the payment awarded and the dis- minating and interpreting the causes and ents in equal shares). tribution, if any, to be made of the payment. circumstances of such occupation and other (5) If there is no such living spouse, child, (4) DEDUCTIONS IN PAYMENT.—The Foreign similar occupations during a war. or parent, no payment shall be made. Claims Settlement Commission shall deduct, (b) ELIGIBILITY.—The Secretary of the Inte- (c) DEFINITIONS.—For purposes of this Act: from potential payments, amounts pre- rior may not award to a person a grant under (1) COMPENSABLE GUAM DECEDENT.—The viously paid under the Guam Meritorious subsection (a) unless such person submits an term ‘‘compensable Guam decedent’’ means Claims Act of 1945 (Public Law 79–224). application to the Secretary for such grant, an individual determined under section (5) INTEREST.—No interest shall be paid on in such time, manner, and form and con- 4(a)(1) to have been a resident of Guam who payments awarded by the Foreign Claims taining such information as the Secretary died or was killed as a result of the attack Settlement Commission. specifies. and occupation of Guam by Imperial Japa- (6) REMUNERATION PROHIBITED.—No remu- SEC. 6. AUTHORIZATION OF APPROPRIATIONS. nese military forces during World War II, or neration on account of representational serv- (a) GUAM WORLD WAR II CLAIMS PAYMENTS incident to the liberation of Guam by United ices rendered on behalf of any claimant in AND ADJUDICATION.—For purposes of carrying States military forces, and whose death connection with any claim filed with the out sections 3 and 4, there are authorized to would have been compensable under the Foreign Claims Settlement Commission be appropriated $126,000,000, to remain avail- Guam Meritorious Claims Act of 1945 (Public under this Act shall exceed one percent of able for obligation until September 30, 2012,

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.000 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11414 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 7, 2007 to the Foreign Claims Settlement Commis- and recommendations on June 9, 2004. forts of our second Delegate to Con- sion. Not more than 5 percent of funds made The review commission found that gress, retired Marine Brigadier General available under this subsection shall be used there was a lack of parity between the Ben Blaz, who is here with us today on for administrative costs. war claims program authorized for the floor to witness this discussion, (b) GUAM WORLD WAR II GRANTS PRO- GRAM.—For purposes of carrying out section Guam versus the programs authorized and my immediate predecessor, Con- 5, there are authorized to be appropriated for all other Americans similarly af- gressman Robert A. Underwood, whose $5,000,000, to remain available for obligation fected and recommended that Congress legislation in the 107th Congress cre- until September 30, 2012. remedy this injustice. ated the review commission. Our work The SPEAKER pro tempore. Pursu- I want to quote the first finding of today, and the historic progress of the ant to the rule, the gentlewoman from the review commission’s report for the Guam World War II Loyalty Recogni- Guam (Ms. BORDALLO) and the gen- benefit of all of my colleagues: ‘‘The tion Act, is possible only because of the tleman from Colorado (Mr. LAMBORN) review commission finds that there is a foundation that each of these contrib- each will control 20 minutes. moral obligation on the part of our na- uted to this bipartisan effort. The Chair recognizes the gentle- tional government to pay compensa- The issue of Guam war claims has woman from Guam. tion for war damages in order to ensure been studied and examined by this GENERAL LEAVE to the extent possible that no single in- body over the past 24 years. Several Ms. BORDALLO. Mr. Speaker, I ask dividual or group of individuals bears hearings have been held, and the record unanimous consent that all Members more than a just part of the overall is replete with testimony from sur- have 5 legislative days to revise and ex- burden of war.’’ vivors, legal experts, historians and tend their remarks and include addi- b 1445 scholars. Committee staff members tional material on the bill under con- have played a valuable role in this sideration. Today, Mr. Speaker, we consider a process by ensuring the right questions The SPEAKER pro tempore. Is there bill that would fulfill this moral obli- were asked, that Members were briefed, objection to the request of the gentle- gation on the part of our National Gov- and that the issue was thoroughly ex- woman from Guam? ernment to a group of citizens, the peo- amined. ple of Guam, most of whom were indig- There was no objection. I want to thank Jim Zoia, Staff Di- enous Chamorros, who bore the burden Ms. BORDALLO. Mr. Speaker, I rise rector of the Natural Resources Com- of a brutal occupation. The people of in support of H.R. 1595, the Guam mittee, and Tony Babauta, Staff Direc- Guam were brutalized through public World War II Loyalty Recognition Act; tor of the Insular Affairs Sub- executions, beheadings, rape and severe and I thank Chairman NICK RAHALL committee. Tony is a Chamorro from injury, forced labor, forced march and and Ranking Member DON YOUNG for Guam, whose insights have been in- internment in concentration camps. their leadership on this issue and their valuable. I also acknowledge the coun- H.R. 1595 is called the Loyalty Rec- assistance in bringing this bill to the sels to the committee, Jeff Petrich, ognition Act because the loyalty of the floor today. Brian Modeste, Lisa Pittman and Rich people of Guam to the United States I also want to thank Majority Leader Stanton, who have worked very hard during this 32-month enemy occupation STENY HOYER and Chairman JOHN CON- on this legislation. YERS of the House Committee on the should be honored. It is a tragic injus- This afternoon, we stand on the brink Judiciary for their support of this bill tice of history that, following libera- of a historic moment for the people of and for their assistance in expediting tion, Congress did not provide for war Guam. I regret, Mr. Speaker, that its consideration today. claims for the people of Guam in the many survivors of the occupation of H.R. 1595 implements the rec- same manner and with the same oppor- Guam did not live to see this day, and ommendations of the Guam War tunities that were afforded to other I fear that some will pass away before Claims Review Commission, which was Americans. this bill completes its legislative jour- authorized by Public Law 107–333 to re- The people who carried a dispropor- ney. But we have this moment to recall view the war claims program for Guam, tionate burden of the war were given why we fight this fight, on whose be- which Congress provided for following less than other Americans when it half we are speaking today and why it the occupation of Guam from Decem- came time to make our Nation whole, is so vitally important to our Nation ber 8, 1941 to July 21, 1944. The review and those who gave more in blood got that we recognize the incredible sac- commission, appointed by the Sec- less in recognition. Over and over at rifices of the people of Guam during retary of the Interior, Gale Norton, in the hearings on Guam, people said, World War II. September of 2003, was mandated to de- ‘‘We just want to be recognized. We termine whether there was parity of just want to be treated with respect. I very much doubt that any foreign war claims paid to the residents of We just want to receive the same res- power will ever again occupy American Guam under the Guam Meritorious titution that other Americans re- soil and place American citizens under Claims Act as compared with awards ceived.’’ subjugation. The story of the people of made to similarly affected United I want to acknowledge the excellent Guam will thus be a unique story, less States citizens or nationals in terri- work of the Guam War Claims Review known than the bombing of Pearl Har- tory occupied by the Imperial Japanese Commission chaired by Mauricio bor and other heroic stories of World military forces during World War II. Tamargo, with Members Robert Lago- War II. It is a story of faith in our Na- Further, the review commission was marsino, a former Member of Congress; tion, of hope in our God and of love for mandated to advise on any additional Ms. Ruth Van Cleve, Director of the Of- our families. compensation that may be necessary to fice of Territories in the Department of If I could vote, Mr. Speaker, on final compensate the people of Guam for Interior; former Chief Justice Ben Ben- passage of this bill, it would be my death, personal injury, forced labor, jamin J. Cruz of the Guam Supreme greatest honor to recognize the people forced march and internment. In ac- Court; and Senator Antonio Unpingco of Guam by voting to pass this bill. But complishing its task, the review com- of the Guam legislature. Their report since I cannot vote as a Delegate, I mission held two days of hearings on provided the basis for today’s bill, and offer all of my colleagues the honor of Guam in December of 2003 to receive their contributions are greatly appre- recognizing their fellow Americans and testimony from survivors of the occu- ciated. passing this bill today. pation of Guam. The review commis- I also want to acknowledge the ef- God bless Guam. God bless the sion also held hearings here in Wash- forts of my predecessors to bring the United States of America. ington, D.C. and consulted with a panel war claims issue to the attention of Mr. Speaker, I reserve the balance of of experts in this field of law. The re- Congress, beginning with our very first my time. view commission completed its work Delegate to Congress, the late Mr. An- Mr. LAMBORN. Mr. Speaker, I yield and reported to Congress its findings tonio B. Won Pat, followed by the ef- myself such time as I may consume.

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.000 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 11415 Mr. Speaker, the majority has ade- were not evacuated along with U.S. gentlelady has the correct information quately explained the bill, and we have citizens at the time that they were liv- so that we can inform our colleagues no further comment. ing in Guam before the arrival of the this is not true. Mr. Speaker, I reserve the balance of Japanese forces. The way the whole thing has been my time. As a result, these patriotic Ameri- presented, the procedures that were Ms. BORDALLO. Mr. Speaker, I yield cans were left to fend for themselves, followed and the war claims that were 5 minutes to the gentleman from to contend with the Japanese takeover made for the U.S. citizens left out the American Samoa (Mr. FALEOMAVAEGA). of the territory of Guam, and for near- people of Guam. For some reason or an- Mr. FALEOMAVAEGA. Mr. Speaker, ly 3 years, the people of Guam were in- other, I think our colleagues need to I rise today in support of H.R. 1595, the terned and were subjected to extreme understand this a little more clearly. Guam World War II Loyalty Recogni- tortures, even executions by public, POINT OF ORDER tion Act. I commend my good friend beatings, rapes, forced labor, forced Mr. PRICE of Georgia. Mr. Speaker, I and colleague, the gentlelady from marches. have a point of order. Guam, for introducing this legislation A good example is right here in our The SPEAKER pro tempore. The gen- designed to address the lack of parity midst, Mr. Speaker, my good friend and tleman will state his point of order. in the war claims paid to the residents former Member of Congress rep- Mr. PRICE of Georgia. Mr. Speaker, of the people of Guam as compared to resenting the territory of Guam, re- did the gentlelady just not state that other U.S. citizens or nationals who tired Brigadier General Ben Blaz, at she had no more speakers? were similarly affected during World that time was a youth and was part of The SPEAKER pro tempore. The gen- War II. this forced evacuation. He personally tleman is correct. The gentlewoman Mr. Speaker, every Guam Delegate to witnessed some of the atrocities that from Guam nevertheless had time re- Congress has spoken about the defi- were committed against his people by maining and did not yield it back. ciencies in making Guam whole after Japanese military forces. Ms. BORDALLO. That was my under- World War II. Our former colleagues Our former colleague, Congressman standing at the time. Antonio Won Pat, General Ben Blaz, Bob Underwood, also reiterated to our Mr. FALEOMAVAEGA. Mr. Speaker, and former Congressman Robert Under- colleagues that some of his close rel- I understood that she had not yielded wood had raised the issue throughout atives were beheaded in the presence of her time. With 7 minutes remaining, I their service in the Congress. other people of Guam when this took requested that there be a colloquy be- Through the efforts of Congressman place for some 3 years, some 3 years. tween myself and the gentlelady from Robert Underwood, a commission was And I can never forget the words Guam. Is there anything wrong with established in the 107th Congress to re- echoed by my good friend, the general that? view the historical record of addressing from Guam, when he said this, ‘‘we are The SPEAKER pro tempore. The gen- Guam’s war claims. After completing equal in war but not in peace.’’ tlewoman from Guam has 6 minutes re- its work, the Guam War Claims Review Why, for the life of me, Mr. Speaker, maining. Commission found that a lack of parity it has taken all these years in simply Ms. BORDALLO. Mr. Speaker, if the existed in the case of war claims for trying to make this inequity fair and gentleman will yield, in answer to the the people of Guam. just for the benefit of the people of questions raised, let me just put it this These were some of the key findings Guam I do not understand. It is as if way: There are several categories in of the commission: these people were aliens or not mem- the bill to pay for compensation. One is That the U.S. has a moral obligation bers of the American family. We have for living survivors of the occupation; to pay proper compensation for war had Guam for how many years? It was $15,000 for rape or severe personal in- damages. a territory of the United States, and jury, such as loss of limb, dismember- That there is a lack of parity in war this is what we did against these good ment or paralysis; $12,000 for forced claims for Guam when compared to people of Guam at the time of the war. labor or personal injury that is less se- other war claims programs established Why we never evacuated them along vere in nature, such as disfigurement, by the U.S. Congress. with other U.S. citizens to this day is scaring or burns; $10,000 for forced That Guam was erroneously excluded still a question. Why the Navy never march, internment or hiding to evade from coverage under Title II of the War took them out of there before the ar- internment. Claims Act. rival of the Japanese. Category two is for death claims, This legislation is vitally important I appeal to my colleagues, Mr. Speak- $25,000 to a spouse or children of a Gua- because it addresses these long-stand- er, that we pass this bill. It is long manian who died during the occupa- ing inequities against the people of overdue. For the sake of justice, pass tion. Guam by implementing the rec- this legislation. I urge my colleagues Category three for descendants of de- ommendations of the Guam War to support this legislation. ceased survivors; $7,000 to descendants Claims Review Commission. It recog- Again, I thank the good lady from of injured or interned survivors who nizes the sacrifices made by the people Guam for her leadership and sponsor- have passed away, irrespective of the of Guam and their steadfast loyalty to ship of this bill. injury or the harm sustained. the United States in the face of this ad- Mr. LAMBORN. Mr. Speaker, may I The total of this legislation, we are versity. It allows claims for death, per- inquire if the majority has any more asking $126 million for claims and $5 sonal injury, forced labor, forced speakers? million for grants for the Department marches and internment. It allows Ms. BORDALLO. Mr. Speaker, I have of Interior to promote activities re- compensation to certain survivors of no more speakers. I reserve the balance lated to the occupation. the deceased from the war; and it au- of my time. Also another question, if I could an- thorizes the Secretary of the Interior Mr. LAMBORN. Mr. Speaker, I yield swer, why is the U.S. paying for this in- to award grants in support of activities back the balance of my time. stead of Japan? The United States in- to remember Guam’s occupation. Ms. BORDALLO. Mr. Speaker, Mr. herited the obligation of reparations I strongly support this legislation. Speaker, I yield such time as he may due to the treaty of peace with Japan I submit to my colleagues, our Na- consume to the gentleman from Amer- which ended hostilities with Japan. It tion committed a grave injustice some ican Samoa (Mr. FALEOMAVAEGA) for a is the standard practice that citizens 60 years ago against the people of colloquy. make claims to their own government Guam. For some unknown and mys- Mr. FALEOMAVAEGA. Mr. Speaker, arising from hostilities. It is the re- terious reason, Mr. Speaker, the native it has been said among some of the sponsibility of the United States to Guamanians, who are U.S. Nationals, critics of this legislation, saying that make the people of Guam whole. Gua- U.S. Nationals, meaning owing perma- the people of Guam were properly com- manians were U.S. nationals at the nent allegiance to the United States, pensated already. I am sure the time of the occupation by Japan.

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.000 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11416 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 7, 2007 Mr. FALEOMAVAEGA. I ask the Guam War Claims Review Commission by forts towards enactment of this bill. Congress- gentlelady, were there any provisions providing adequate reparations for the people woman BORDALLO has been singularly fo- where it required the Japanese Govern- of Guam. It is time to honor them for their sac- cused—since arriving in the House—on the ment to restore or to provide some rifices. enactment of legislation to provide compensa- form of compensation as part of this Congresswoman BORDALLO has done a fan- tion for those of her constituents who suffered treaty arrangement? tastic job over the years to create the most fair unspeakable acts of horror during World War Ms. BORDALLO. Not to my knowl- and equitable legislation that Congress can II. edge. The U.S. inherited this. pass. I hope the people of Guam know that Mr. Speaker, the people of Guam who were Mr. FALEOMAVAEGA. So the Japa- this issue is being addressed and the people subject to public executions by beheading, nese Government just simply said, have not been forgotten. personal injury, forced labor, forced march, well, don’t ask us; ask the United I urge my colleagues to support the people rape and internment at the hands of the Japa- States Government to provide this. of Guam and vote for final passage. nese, have waited much too long for just com- Ms. BORDALLO. Due to the treaty of Mr. RAHALL. Mr. Speaker, I rise this today pensation. The Guam War Claims Review peace. in strong support of the passage of H.R. Commission found that Guam’s residents were Mr. FALEOMAVAEGA. So there was 1595—the Guam World War II Loyalty Rec- inequitably treated under the Guam Meri- never any compensation or any support ognition Act. I also commend the gentlelady torious Claims Act and subsequent Federal even from the Japanese Government to from Guam for her leadership on this issue. laws meant to address WWII personal injury make whole what they did against the This legislation has bipartisan support and is claims. people, the residents of Guam? being considered today because of her deter- This Commission, which was established pursuant to legislation sponored by our former Ms. BORDALLO. That is correct. It is mination to seek justice. colleague from Guam, Robert Underwood, the United States responsibility to We are here this afternoon, taking a signifi- recommended that Congress enact legislation make Guam whole. cant step forward to close a very painful chap- providing for additional compensation to Mr. FALEOMAVAEGA. I thank the ter in Guam’s history. From the time that Guam’s residents. Thus the bill we are dis- gentlelady. Guam had been granted a delegate to Con- Mr. ABERCROMBIE. Mr. Speaker, I rise cussing today. gress in the 1970’s, throughout the service of The struggle for fair compensation for the today to support legislation that has been in- our former colleagues—Mr. Won Pat, Mr. people of Guam has been on-going for more troduced by my colleague, Congresswoman Blaz, and Mr. Underwood—this House has than 60 years now. Sadly many of the BORDALLO. H.R. 1595, the Guam World War II been made aware and constantly reminded Chamorros who suffered these atrocities have Loyalty Recognition Act, would honor the resi- that Guam and her people suffered unimagi- passed away but we must not let their suf- dents of Guam for their loyalty and com- nable atrocities during its occupation by Japan fering, largely due to the steadfast loyalty to pensate them for the atrocities they suffered during World War II. For nearly three years, the United States, be in vain. Passage of H.R. during the Japanese occupation of Guam. the idyllic paradise became a land of panic, 1595 is long overdue and by doing so today, During World War II, Guam was invaded, horror, suffering, and death. we will honor their memories and provide seized and occupied by Imperial Japanese The personal testimonies of survivors of compensation to these brave Americans. forces for nearly three years. The war de- Guam’s occupation has a strong history with I urge my colleagues to vote in favor of H.R. stroyed much of Guam, including housing, the Committee on Natural Resources. They 1595. public buildings, utilities and infrastructure. In are emotional, sad, and graphic. Many of Ms. BORDALLO. Mr. Speaker, I yield addition, the people of Guam suffered many those survivors who appeared before the back the balance of my time. deaths and an untold number of acts of bru- Committee to re-tell and, in essence, re-live The SPEAKER pro tempore. The tality. This ruthless brutality has left a lasting the pain of occupation have since passed on. question is on the motion offered by impact on the survivors of the war and the de- There are very few of the estimated 22,000 the gentlewoman from Guam (Ms. scendants of victims. Guamanians alive today who survived this era, BORDALLO) that the House suspend the In 1947, the Secretary of the Navy commis- and it is my hope that we can give them clo- rules and pass the bill, H.R. 1595, as sioned a civilian committee on the Naval Ad- sure before none remain. amended. ministration of Guam and American Samoa to There now have been two federally ap- The question was taken. prepare a report with specific recommenda- pointed Commissions that have reviewed the The SPEAKER pro tempore. In the tions. The report became known as the Hop- implementation and the parity treatment of opinion of the Chair, two-thirds being in the affirmative, the ayes have it. kins Report and was submitted to the Sec- Guam’s experience—the Hopkins Commission Mr. PRICE of Georgia. Mr. Speaker, retary of the Navy in 1947. Among other in 1947, and the Review Commission in 2004. on that I demand the yeas and nays. things, the report addressed deficiencies in the Both concluded that the people of Guam were The yeas and nays were ordered. war claims process for Guam immediately either misinformed or mistreated. Either way, The SPEAKER pro tempore. Pursu- after the war ended. In the cover letter sub- their recommendations to Congress—be it in ant to clause 8 of rule XX and the mitted with the report, the committee stated, 1947 or in 2004—are that something needs to Chair’s prior announcement, further ‘‘Only so can justice be done to a valiant be done to make this right. proceedings on this question will be group of Americans who at great cost to them- The weight of history now falls on the shoul- postponed. selves remained steadfastly loyal during the ders of this House, nearly sixty-three years f war . . . in so special a case this government after Guam’s liberation. We have the oppor- could well be very generous in method of dis- tunity by passing H.R. 1595 to correct a great b 1500 tributing its relief as well as generous in injustice for those patriotic Americans who COLUMBIA-PACIFIC NATIONAL amount awarded. It has been neither.’’ withstood brutal occupation. HERITAGE AREA STUDY ACT Many decades later, the 107th Congress The issue has been studied to exhaustion Mr. GRIJALVA. Mr. Speaker, I move authorized the Guam War Claims Review and the recommendations have remained the to suspend the rules and pass the bill Commission to determine if the people of same. We should never forget their sacrifice (H.R. 407) to direct the Secretary of the Guam received parity in claims as compared for our country, nor should we allow for this in- Interior to conduct a study to deter- to other Americans who experienced losses equity to continue. mine the feasibility of establishing the and damages during the war. In 2004, the I urge my colleagues to support the pas- Columbia-Pacific National Heritage Commission submitted their final report to sage of H.R. 1595—the Guam World War II Area in the States of Washington and Congress and found that Guam’s residents Loyalty Act. Oregon, and for other purposes, as were inequitably treated. Mrs. CHRISTENSEN. Mr. Speaker, I rise in amended. There has been legislation to address this strong support of H.R. 1595, the Guam World The Clerk read the title of the bill. inequitable treatment in every Congress since War II Loyalty Recognition Act and urge my The text of the bill is as follows: 1985. Two hearings have been held, one in colleagues to support its passage. I want to H.R. 407 the 108th Congress and one on in the 109th begin by commending my colleague and friend Be it enacted by the Senate and House of Rep- Congress. It is time to follow the recommenda- from Guam, the Honorable MADELEINE resentatives of the United States of America in tions made by both the Hopkins report and the BORDALLO, for her steadfast and dedicated ef- Congress assembled,

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.000 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 11417 SECTION 1. SHORT TITLE. out the study, the Secretary shall submit to rights groups, the American Land This Act may be cited as the ‘‘Columbia- the Committee on Energy and Natural Re- Rights Association, based in Battle- Pacific National Heritage Area Study Act’’. sources of the Senate and the Committee on ground, Washington. SEC. 2. DEFINITIONS. Natural Resources of the House of Rep- That letter states: ‘‘We are curious In this Act: resentatives a report that describes the find- why no hearings have been held on this (1) HERITAGE AREA.—The term ‘‘Heritage ings, conclusions, and recommendations of Area’’ means the Columbia-Pacific National the Secretary with respect to the study. bill during this Congress. Congress has the time and energy to congratulate Heritage Area. The SPEAKER pro tempore. Pursu- (2) SECRETARY.—The term ‘‘Secretary’’ victorious sports teams, but does not means the Secretary of the Interior. ant to the rule, the gentleman from Ar- have the time and resources to hold a (3) STUDY AREA.—The term ‘‘study area’’ izona (Mr. GRIJALVA) and the gen- hearing on this bill which affects mil- means— tleman from Colorado (Mr. LAMBORN) lions of acres of private property in (A) the coastal areas of Clatsop and Pacific each will control 20 minutes. Washington and Oregon.’’ Counties (also known as the North Beach Pe- The Chair recognizes the gentleman Second, I note that one-eighth of the ninsula); and from Arizona. (B) areas relating to Native American his- Members of this body, including me, tory, local history, Euro-American settle- GENERAL LEAVE are new Members of the House and ment culture, and related economic activi- Mr. GRIJALVA. Mr. Speaker, I ask were unable to participate in hearings ties of the Columbia River within a corridor unanimous consent that all Members held in the last Congress on this bill. along the Columbia River eastward in may have 5 legislative days to revise Although there might be some cases Clatsop, Pacific, Columbia, and Wahkiakum and extend their remarks and include where a consensus bill from the last Counties. material on the bill under consider- Congress could justifiably be forwarded SEC. 3. COLUMBIA-PACIFIC NATIONAL HERITAGE to the House for expedited consider- AREA STUDY. ation. (a) IN GENERAL.—The Secretary, in con- The SPEAKER pro tempore. Is there ation on the floor, this bill should not sultation with the managers of any Federal objection to the request of the gen- be one of them. As I said previously, it land within the study area, appropriate tleman from Arizona? is strongly opposed by a private rights State and local governmental agencies, trib- There was no objection. based group in the area affected by the al governments, and any interested organiza- Mr. GRIJALVA. Mr. Speaker, I yield bill. tions, shall conduct a study to determine the myself such time as I may consume. The substantive reasons to oppose feasibility of designating the study area as this bill can best be summarized by the the Columbia-Pacific National Heritage Mr. Speaker, H.R. 407, sponsored by Area. the gentleman from Washington (Mr. American Land Rights Association’s (b) REQUIREMENTS.—The study shall in- BAIRD), would authorize the Secretary May 3, 2007, letter to the Committee on clude analysis, documentation, and deter- of the Interior to conduct a study to Natural Resources which states: ‘‘Al- minations on whether the study area— determine the feasibility of desig- though H.R. 407 is billed merely as a (1) has an assemblage of natural, historic, nating a national heritage area in study, history shows the National Park and cultural resources that together rep- Service rarely does a study that con- resent distinctive aspects of American herit- western Washington State. Specifi- cally, the study would examine coastal cludes a national heritage area is not age worthy of recognition, conservation, in- feasible. Recent history also shows terpretation, and continuing use, and are areas in Clatsop and Pacific Counties best managed through partnerships among at the mouth of the Columbia River, as that national heritage areas cost the public and private entities and by combining well as inland areas along the river in National Park Service $10 million dur- diverse and sometimes noncontiguous re- two adjacent counties. The bill in- ing their 15-year life span. Moreover, sources and active communities; cludes standard criteria for national once their 15-year authorization ex- (2) reflects traditions, customs, beliefs, and heritage area studies, and requires pires, heritage area proponents come folklife that are a valuable part of the na- completion of the study 3 years after back to Congress asking for even more tional story; Federal moneys so they can ultimately (3) provides outstanding opportunities to the date funds are made available. Mr. Speaker, the area included in become self-sufficient. At a time when conserve natural, historic, cultural, or scenic the National Park Service has a multi- features; this proposed study is not only beau- (4) provides outstanding recreational and tiful, but is rich in Native American billion dollar maintenance backlog for such basic visitor services as camp- educational opportunities; and European history. The area was a grounds, visitor centers and sanitation (5) contains resources important to the busy stop on European trade routes facilities, it should not be forced by identified theme or themes of the Study many years before Lewis and Clark fa- Area that retain a degree of integrity capa- Congress to create expensive new herit- mously visited the west coast. Rep- ble of supporting interpretation; age areas that siphon precious Federal resentative BAIRD is to be commended (6) includes residents, business interests, dollars from these higher and better for his hard work on behalf of this leg- nonprofit organizations, and local and State uses.’’ governments that are involved in the plan- islation. We look forward to working Mr. Speaker, I include for the ning, have developed a conceptual financial with him on the designation of a na- RECORD the letter I just referred to. plan that outlines the roles for all partici- tional heritage area should the study AMERICAN LAND RIGHTS pants, including the Federal Government, support such an action. ASSOCIATION, and have demonstrated support for the con- Mr. Speaker, I reserve the balance of cept of a national heritage area; Battle Ground, WA, May 3, 2007. (7) has a potential local coordinating enti- my time. Re H.R. 407 (Columbia-Pacific Heritage Area ty to work in partnership with residents, Mr. LAMBORN. Mr. Speaker, I rise in Study authored by Congressman Baird business interests, nonprofit organizations, opposition to H.R. 407 for both proce- and Wu). and local and State governments to develop dural and substantive reasons. I am Hon. NICK RAHALL, a national heritage area consistent with con- very dismayed that this bill has been Chairman, House Committee on Natural Re- tinued local and State economic activity; rushed to the floor with no hearing or sources, Washington, DC. and subcommittee or full committee con- Hon. DON YOUNG, (8) has a conceptual boundary map that is sideration by the Committee on Nat- Ranking Member, House Committee on Natural supported by the public. Resources, Washington, DC. (c) PRIVATE PROPERTY.—In conducting the ural Resources. The majority might DEAR CHAIRMAN RAHALL AND CONGRESSMAN study required by this section, the Secretary say a hearing was held on the bill last YOUNG, The American Land Rights Associa- shall analyze the potential impact that des- September, and no opposition was tion is headquartered is Southwest Wash- ignation of the area as a national heritage present so there is no need for consid- ington State and is very involved with pri- area is likely to have on land within the pro- eration by the committee this year; vate property rights and land use issues here posed area or bordering the proposed area but I strongly disagree with this logic and throughout the United States. that is privately owned at the time that the We understand the House will soon con- study is conducted. for several reasons. sider H.R. 407, the Columbia-Pacific Heritage SEC. 4. REPORT. First, the committee has received a Area Study Act, which affects our members Not later than 3 fiscal years after the date strong letter of opposition to H.R. 407 in this region. We are curious why no hear- on which funds are made available to carry by one of the largest private property ings have been held on this bill during this

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.000 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11418 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 7, 2007 Congress. Congress has the time and energy logical, rather than substantive, idea driven by the local community. to congratulate victorious sports teams but grounds which have nothing to do with We have received letters of support does not have the time and resources to hold this specific proposal. from local governments, local busi- a hearing on this bill that affects millions of Lastly, this legislation simply au- nesses, trade associations, chambers of acres of private property in Washington and Oregon. thorizes a study, not a national herit- commerce, ports and others who have Although H.R. 407 is billed as ‘‘merely as age area. To oppose the study because heard about this effort and whole- study,’’ history shows the National Park you assume you will oppose what the heartedly endorsed it. A brief sample of Service rarely does a study that concludes a study will recommend is premature at support includes the Washington State national heritage area is not feasible. Recent best. There is no real controversy re- Parks and Recreation Commission, the history also shows that national heritage garding this legislation, and we urge Office of the Governor of Oregon, the areas cost the National Park Service $10 mil- our colleagues to support it. city of Astoria, Shorebank Pacific lion dollars during their 15-year life span. Mr. LAMBORN. Mr. Speaker, I re- Bank, Cannon Beach Chamber of Com- Moreover, once their 15-year authorization expires, heritage area proponents come back serve the balance of my time. merce, the Port of Peninsula, and the to Congress asking for even more federal Mr. GRIJALVA. Mr. Speaker, I yield Clatsop County Historical Society. money so they can ultimately become ‘‘self to the sponsor of this legislation, the During the prior Congress, the legis- sufficient.’’ At a time when the National gentleman from Washington (Mr. lation was subject to an oversight Park Service has a multi-billion dollar main- BAIRD), for such time as he may con- hearing in the National Parks Sub- tenance backlog for such basic visitor serv- sume. committee where the administration ices as campgrounds, visitor centers and Mr. BAIRD. Mr. Speaker, I rise today expressed their support for the bill. We sanitation facilities, it should not be forced in strong support of H.R. 407, the Co- were also joined by small business own- by Congress to create expensive new heritage lumbia-Pacific National Heritage Area ers from the area, notably Bob An- areas that siphon precious federal dollars for drews, who expressed his particular these higher and better uses. Study Act. The American Land Rights Association re- The Columbia-Pacific National Herit- support. spectfully requests the House Committee on age Area Study Act is an important I would like to take this opportunity Natural Resources hold a balanced hearing piece of legislation to my district and to thank the National Resource Com- on H.R. 407 before bringing this bill to the the entire Pacific Northwest. I have mittee chairman, NICK RAHALL; the House Floor. We are astonished with the been privileged to work with DAVID WU Subcommittee on National Parks, For- sense of urgency to pass this bill so early in from Oregon in introducing this legis- ests and Public Lands chairman, Mr. the new Congress. GRIJALVA; and their staffs, including Sincerely, lation. In the Senate, the companion legislation has been introduced by Sen- David Watkins and Rick Healy, for CHUCK CUSHMAN, their work in bringing this to the floor. Executive Director. ator GORDON SMITH from Oregon and is I would also like to thank Marc As I have stated publicly before, en- supported by Washington Senators MURRAY and CANTWELL, as well as Or- Korman in my office for his work on acting legislation that actually works this important legislation. And espe- for the American people requires egon Senator RON WYDEN. Hence, this legislation has both bipartisan and bi- cially, my dear friend, DAVID WU. thoughtfulness and dialogue so all op- Again, I thank the Chair for bringing tions are on the table. To reject that cameral support. The mouth of the Columbia is a spe- this to the floor and urge final passage. just because a numerical majority is Mr. LAMBORN. Mr. Speaker, I re- available does a tremendous disservice cial place with a very rich history. Na- tive American communities have flour- serve the balance of my time. to the American people. For these rea- Mr. GRIJALVA. Mr. Speaker, let me ished there for thousands of years. It is sons, I urge my colleagues to vote ‘‘no’’ yield such time as he may consume to home to the first American settlement on H.R. 407. the gentleman from Oregon (Mr. WU). Mr. Speaker, I reserve the balance of on the Pacific, Astoria. It served as a Mr. WU. I thank the gentleman from my time. major trading post for European, Arizona. Mr. GRIJALVA. Mr. Speaker, I yield American, Chinese, and other nations’ Mr. Speaker, I strongly support the myself such time as I may consume. ships, and earned its nickname the creation of a Columbia-Pacific Na- I would first point out that almost ‘‘Graveyard of the Pacific’’ from the tional Heritage Area. I have worked identical legislation, H.R. 5485, was the hundreds of shipwrecks along its dan- closely with my friend and colleague, subject of a subcommittee hearing in gerous coast. Lewis and Clark ended the gentleman from Washington (Mr. the Resources Committee during the their westward trek there in 1805. BAIRD), to introduce H.R. 407 to study previous Congress. Today, the area is home to the fishing, the feasibility of a national heritage During that hearing, the Bush ad- seafood processing, and timber commu- area at the mouth of the Columbia ministration and local business leaders nities that embody the Pacific North- River between Oregon and Washington. expressed support for the legislation. west. Like the river itself, the journey to That hearing, organized by then-Re- Establishing a national heritage area get to where we are has been lengthy. publican majority, featured no testi- at the mouth of the river is fitting in In 2001, I took the initial steps with mony opposing the bill. Further, the recognition of the region and its impor- Mr. BAIRD and with the help of the Na- companion to this bill was sponsored tance historically. As you know, the tional Resources Committee and the by the Republican Senator from Or- national heritage area unites parts of gentleman from Indiana (Mr. SOUDER), egon. Given that bipartisan and non- historically and culturally significant and we were able to expand Fort controversial legislative history, and areas under a common purpose. In this Clatsop National Historic Monument the fact that the bill simply authorizes case, it will help continue the coopera- and extend it to the sea. a study, it is perfectly appropriate that tive efforts that the Lewis and Clark Next, Congressman BAIRD and I to- the measure be before the House today. bicentennial helped to create. The bi- gether created Oregon’s and Washing- We have used similar procedures to centennial commemoration helped ton’s newest national park, the Lewis bring other measures left over from the bring community interests together to and Clark National and State Histor- previous Congress to the floor, meas- plan and work in a collaborative fash- ical Parks. No one person could have ures sponsored by both Republicans ion. A national heritage area will con- accomplished the many steps to this and Democrats. tinue this momentum and ensure the point. I thank the hard work of the The one organization mentioned as region continues to attract families, Natural Resources Committee, Con- opposing the bill failed to make their outdoorsmen and women, history buffs, gressmen BAIRD and SOUDER, Oregon opposition known to the committee or and others to enhance its sustainable State Senator Betsy Johnson and the sponsor, nor did they testify at last tourism economy. former park superintendent Chip Jen- year’s hearing. Further, the group has Most impressive is that the effort to kins. no real relevance because it opposes all create a national heritage area at the I would especially like to thank all of heritage area study proposals on ideo- mouth of the Columbia is really an the local citizens, such as Astoria’s

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.000 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 11419 Cindy Mudge who has put tremendous As far as the massive size of this or- ning of a process for a designation. time and effort into the heritage area. ganization you describe, it is not so This is the study process, and it is non- The history that shaped this part of large. I appreciate they have a voice. I controversial. And as mentioned be- our Nation should be preserved and am happy to listen to the voice. This fore, the organization opposing it has a celebrated. Congress should listen to the voice. protected record of opposing any herit- Here, where the Columbia, the great But it should not overwhelm the unani- age area, without any substantive river of the West, meets the ocean, mous sense of the people who sponsored qualification to that opposition. strong men and women have left their this legislation. The committee juris- Mr. Speaker, I yield back the balance indelible imprint for millennia. Native diction has had a hearing on this, and of our time. cultures, such as the Clatsop Nehalem, I do not think we want to make it the The SPEAKER pro tempore. The Chinook and other Indian tribes, were practice of this body, we certainly question is on the motion offered by joined by the Spanish, Russians and never have before, to say that every the gentleman from Arizona (Mr. British. Lewis and Clark began an time a relatively noncontroversial bill GRIJALVA) that the House suspend the American tie to the river, and Ameri- has been heard well out in the prior rules and pass the bill, H.R. 407, as cans of diverse descent, including Congress, we have to have another amended. Americans of Scandinavian, Chinese hearing. The question was taken. and other heritages, together built the If the gentleman pretends to say that The SPEAKER pro tempore. In the history of the region. it is his concern that we try to save the opinion of the Chair, two-thirds being This is the way that America was or taxpayers’ money, having continuous, in the affirmative, the ayes have it. Mr. RYAN of Wisconsin. Mr. Speaker, should be, a close-knit community multiple hearings every time a bill on that I demand the yeas and nays. does not quite pass out both bodies, where everyone, from the Indians to The yeas and nays were ordered. Lewis and Clark to Scandinavians to both the House and the Senate, from The SPEAKER pro tempore. Pursu- Chinese, were and are welcome; where one Congress to the next, I think it ant to clause 8 of rule XX and the work, and not parentage, determines would actually cost the taxpayers a lot Chair’s prior announcement, further one’s worth. more money than you would hope to proceedings on this question will be From forestry to fisheries, the land save. postponed. and waters have provided. Today, Let me speak to the substance of human hands provide for the future. this. My friend from Oregon said it f We are trying to build a college to help well. If you know the history of this GRAND TETON NATIONAL PARK create the education and research- great country and if you know the his- EXTENSION ACT OF 2007 based economy of the future. Here also tory of the Pacific Northwest, there Mr. GRIJALVA. Mr. Speaker, I move are the helping hands of the Columbia can be no doubt that this area warrants to suspend the rules and pass the bill River bar pilots who since 1846 have designation such as we think this study (H.R. 1080) to modify the boundaries of guided ships across the Columbia River will ultimately lend it. Grand Teton National Park to include bar, and the United States Coast My friend mentioned Lewis and certain land within the GT Park Sub- Guard, who faithfully protect local and Clark. Prior to them, the historical division, and for other purposes. international commerce on the rough- trade that went along among the na- The Clerk read the title of the bill. est, toughest water in the world. tive tribes at the mouth of the Colum- The text of the bill is as follows: The mouth of the Columbia River bia River was legendary. Lewis and H.R. 1080 presents layers of history and culture Clark, the first American settlement in Be it enacted by the Senate and House of Rep- like an ancient buried city, except that the Pacific Northwest, the key to trade resentatives of the United States of America in the river rolls on today. Unlike the with Asia in the early years of this Congress assembled, Hudson or the Mississippi, we do not great country, it was this mouth of SECTION 1. SHORT TITLE. have a large city at the river’s mouth this river where the first northwest This Act may be cited as the ‘‘Grand Teton National Park Extension Act of 2007’’. to preserve its stories and heritage; an settlement of the United States by Americans expanded. The mouth of SEC. 2. DEFINITIONS. act of Congress shall do so. In this Act: I ask my colleagues to support H.R. this river is a key to the commerce, (1) PARK.—The term ‘‘Park’’ means the 407 and note that the opposition which not only of the Pacific Northwest but Grand Teton National Park. has been expressed comes from an orga- the inland Northwest, the greater (2) SECRETARY.—The term ‘‘Secretary’’ nization which is not within the his- Northwest where great quantities of means the Secretary of the Interior. toric study area. grain and other cargos are shipped out. (3) SUBDIVISION.—The term ‘‘Subdivision’’ Mr. LAMBORN. Mr. Speaker, I re- This region has a rich cultural, his- means the GT Park Subdivision, with an serve the balance of my time. torical legacy that we need to honor area of approximately 49.67 acres, as gen- and respect and preserve. That is why erally depicted on— b 1515 (A) the plat recorded in the Office of the the administration supports this bill. Teton County Clerk and Recorder on Decem- Mr. GRIJALVA. Mr. Speaker, I yield That is why our friend and colleague in ber 16, 1997, numbered 918, entitled ‘‘Final as much time as he may consume to the other body, Senator SMITH, sup- Plat GT Park Subdivision’’, and dated June the gentleman from Washington (Mr. ports this bill. That is why we have I 18, 1997; and BAIRD), the sponsor of the legislation. think the unanimous support of both (B) the map entitled ‘‘2006 Proposed Grand Mr. BAIRD. I thank my friend from delegations. This should be a non- Teton Boundary Adjustment’’, numbered 136/ Arizona. controversial bill. 80,198, and dated March 21, 2006, which shall I would just like to correct the The gentleman from Colorado I think be on file and available for inspection in ap- record of the gentleman from Colorado. propriate offices of the National Park Serv- has raised rather specious arguments ice. I know a little bit about Colorado my- against it, and I think we should pass SEC. 3. ACQUISITION OF LAND. self. I have lived there. I doubt the gen- this fine legislation and move forward (a) IN GENERAL.—The Secretary may ac- tleman from Colorado has lived in my with honoring a very richly deserving cept from any willing donor the donation of district. part of this country with this designa- any land or interest in land of the Subdivi- I do happen to know that Battle- tion. sion. ground, Washington, is not anywhere Mr. LAMBORN. Mr. Speaker, I yield (b) ADMINISTRATION.—On acquisition of near the affected area. The affected back the balance of my time. land or an interest in land under subsection area encompasses Pacific County and Mr. GRIJALVA. Mr. Speaker, in clos- (a), the Secretary shall— (1) include the land or interest in the Wahkiakum County on my side of the ing, let me thank the sponsors, Con- boundaries of the Park; and river, two counties on the gentleman gressman BAIRD and Congressman WU, (2) administer the land or interest as part from Oregon’s side of the river. Battle- for this fine legislation and to remind of the Park, in accordance with all applica- ground is not there. our colleagues that this is the begin- ble laws (including regulations).

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.000 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11420 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 7, 2007 (c) DEADLINE FOR ACQUISITION.—It is the in- Related legislation passed the other tion Act to provide compensation to tent of Congress that the acquisition of land body in the 109th Congress and has members of the Cheyenne River Sioux or an interest in land under subsection (a) be been reintroduced by Senator CRAIG Tribe for damage resulting from the completed not later than 1 year after the date of enactment of this Act. THOMAS of Wyoming and approved by Oahe Dam and Reservoir Project, and (d) RESTRICTION ON TRANSFER.—The Sec- the Senate Energy and Natural Re- for other purposes. retary shall not donate, sell, exchange, or sources Committee earlier this year. The Clerk read the title of the bill. otherwise transfer any land acquired under Mr. Speaker, the National Park Serv- The text of the bill is as follows: this section without express authorization ice has testified in support of the bill, H.R. 487 from Congress. and it cleared the National Parks, For- Be it enacted by the Senate and House of Rep- SEC. 4. AUTHORIZATION OF APPROPRIATIONS. ests and Public Lands Subcommittee, resentatives of the United States of America in There are authorized to be appropriated to and the full Natural Resources Com- Congress assembled, the Secretary such sums as are necessary to carry out this Act. mittee on voice votes without any SECTION 1. SHORT TITLE. The SPEAKER pro tempore. Pursu- amendments. This Act may be cited as the ‘‘Cheyenne Mr. Speaker, Representative CUBIN is River Sioux Tribe Equitable Compensation ant to the rule, the gentleman from Ar- to be commended for her work on this Amendments Act of 2007’’. izona (Mr. GRIJALVA) and the gen- legislation. We support passage of H.R. SEC. 2. FINDINGS. tleman from Colorado (Mr. LAMBORN) 1080 and urge its adoption by the House (a) FINDINGS.—Congress finds that— each will control 20 minutes. (1) the Pick-Sloan Missouri River Basin The Chair recognizes the gentleman today. Mr. Speaker, I reserve the balance of program, authorized by section 9 of the Act from Arizona. of December 22, 1944 (commonly known as my time. GENERAL LEAVE the ‘‘Flood Control Act of 1944’’) (58 Stat. Mr. LAMBORN. Mr. Speaker, I yield Mr. GRIJALVA. Mr. Speaker, I ask 891), was intended to promote the general myself such time as I may consume. unanimous consent that all Members economic development of the United States; H.R. 1080, introduced by our col- have 5 legislative days to revise and ex- (2) the Oahe Dam and Reservoir Project— league Congresswoman BARBARA CUBIN, (A) is a major component of the Pick-Sloan tend their remarks and include extra- would modify the boundaries of the Missouri River Basin program; and neous material on the bill under con- Grand Teton National Park to include (B) contributes to the national economy; sideration. 49 acres of privately donated land. I (3) the Oahe Dam and Reservoir Project The SPEAKER pro tempore. Is there flooded the fertile bottom land of the Chey- commend Mrs. CUBIN for her work on objection to the request of the gen- enne River Sioux Reservation, which greatly tleman from Arizona? this legislation. This highly valuable damaged the economy and cultural resources There was no objection. land, which has been valued at nearly of the Cheyenne River Sioux Tribe and Mr. GRIJALVA. Mr. Speaker, I yield $20 million, is being conveyed to the caused the loss of many homes and commu- myself such time as I may consume. Park Service at very minimal cost. nities of members of the Tribe; H.R. 1080 was introduced by our col- Representative CUBIN and her staff (4) Congress has provided compensation to league from Wyoming, Representative did an excellent job working with the several Indian tribes, including the Cheyenne River Sioux Tribe, that border the Missouri BARBARA CUBIN. The legislation would private individuals and groups who are donating the land and with the Park River and suffered injury as a result of 1 or authorize the Secretary of the Interior more of the Pick-Sloan projects; to expand the boundaries of the Grand Service. The 49 acres are beautiful and (5) on determining that the compensation Teton National Park to include ap- highly desirable land that will enhance paid to the Cheyenne River Sioux Tribe was proximately 50 acres that landowners Grand Teton National Park. inadequate, Congress enacted the Cheyenne in the adjacent Grand Teton Park Sub- This noncontroversial bill was favor- River Sioux Tribe Equitable Compensation division wish to donate to the park. ably reported by the Natural Resources Act (Public Law 106–511; 114 Stat. 2365), The subdivision is located adjacent Committee by unanimous consent, and which created the Cheyenne River Sioux to the park’s eastern boundary and is I urge my colleagues to support H.R. Tribal Recovery Trust Fund; and 1080. (6) that Act did not provide for additional visible from the park’s main road. Ac- compensation to members of the Cheyenne cording to the National Park Service, I would also like to add that our River Sioux Tribe that lost land as a result the land is similar in character and thoughts and prayers are with Rep- of the Oahe Dam and Reservoir Project. quality to the adjacent parklands and resentative CUBIN and her husband, Dr. (b) PURPOSES.—The purposes of this Act offers unobstructed views of the Teton Cubin. We wish him a quick and speedy are— range and across the broad valley of recovery. (1) to provide that the Cheyenne River Jackson Hole. Mr. Speaker, I have no additional Sioux Tribal Recovery Trust Fund may be One lot in the subdivision was owned speakers, and I yield back the balance used to provide compensation to members of by the Gerald Halpin family. The re- of my time. the Cheyenne River Sioux Tribe that lost land as a result of the Oahe Dam and Res- maining seven lots were donated by the Mr. GRIJALVA. Mr. Speaker, I have ervoir Project; and Halpin family to private organizations, no additional speakers, and I yield (2) to provide for the capitalization of the including the National Fish and Wild- back the balance of our time. Cheyenne River Sioux Tribal Recovery Trust life Foundation, the National Park The SPEAKER pro tempore. The Fund. Foundation, and the Grand Teton Na- question is on the motion offered by SEC. 3. CHEYENNE RIVER SIOUX TRIBE EQUI- tional Park Foundation. the gentleman from Arizona (Mr. TABLE COMPENSATION. All of these owners would like to do- GRIJALVA) that the House suspend the (a) FINDINGS AND PURPOSES.—Section 102 of nate their land to the park, but the rules and pass the bill, H.R. 1080. the Cheyenne River Sioux Tribe Equitable parcels lie outside the existing park The question was taken; and (two- Compensation Act (Public Law 106–511; 114 boundary. The 1950 law creating the Stat. 2365) is amended— thirds being in the affirmative) the (1) in subsection (a)(3), by striking sub- park includes a provision forbidding rules were suspended and the bill was paragraphs (A) and (B) and inserting the fol- expansion of any national park or passed. lowing: monument in Wyoming without the ex- A motion to reconsider was laid on ‘‘(A) the United States did not justly or press authorization of Congress. the table. fairly compensate the Tribe and member H.R. 1080 would authorize the Sec- f landowners for the Oahe Dam and Reserva- retary to accept the donation of lands tion project, under which the United States within the subdivision and, upon acqui- CHEYENNE RIVER SIOUX TRIBE acquired 104,492 acres of land of the Tribe sition, adjust the boundary of Grand EQUITABLE COMPENSATION and member landowners; and Teton National Park. The bill would AMENDMENTS ACT OF 2007 ‘‘(B) the Tribe and member landowners should be adequately compensated for that also prohibit the future sale, donation, Mrs. NAPOLITANO. Mr. Speaker, I land;’’; and exchange or other transfer of the ac- move to suspend the rules and pass the (2) in subsection (b)(1), by inserting ‘‘and quired land without congressional ap- bill (H.R. 487) to amend the Cheyenne member landowners’’ after ‘‘Tribe’’ each proval. River Sioux Tribe Equitable Compensa- place it appears.

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.000 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 11421

(b) DEFINITIONS.—Section 103 of the Chey- ‘‘(aa) transferred to a separate interest ac- ‘‘(3) ANNUAL REVIEW OF INVESTMENT ACTIVI- enne River Sioux Tribe Equitable Compensa- count within the Fund (referred to in this TIES.—Not less frequently than once each tion Act (Public Law 106–511; 114 Stat. 2365) paragraph as the ‘interest account’); and calendar year, the Secretary of the Treasury is amended— ‘‘(bb) invested in accordance with subpara- shall review with the Tribe the results of the (1) by redesignating paragraph (1) as paragraph (D). investment activities and financial status of graph (3) and moving the paragraph so as to ‘‘(II) CREDITING.—The interest earned from the Fund during the preceding calendar year. appear after paragraph (2); and investing amounts in the interest account, ‘‘(4) MODIFICATIONS.— (2) by inserting before paragraph (2) the and the amounts deposited into the Fund ‘‘(A) IN GENERAL.—If the Secretary of the following: under subsection (b)(2), shall be credited to Treasury determines that investing the Fund ‘‘(1) MEMBER LANDOWNER.—The term ‘mem- the interest account. in accordance with paragraph (2) is not prac- ber landowner’ means a member of the Tribe ‘‘(C) INVESTMENT OF PRINCIPAL ACCOUNT.— ticable or would result in adverse con- (or an heir of such a member) that owned ‘‘(i) INITIAL INVESTMENT.—Amounts in the sequences to the Fund, the Secretary of the land (including land allotted under the Act principal account shall be initially invested Treasury shall modify the requirements to of February 8, 1887 (24 Stat. 388, chapter 119)) in eligible obligations with the shortest the least extent necessary, as determined by located on the Cheyenne River Sioux Res- available maturity. the Secretary of the Treasury. ervation that was acquired by the United ‘‘(ii) SUBSEQUENT INVESTMENTS.— ‘‘(B) CONSULTATION.—Before making a States for the Oahe Dam and Reservoir ‘‘(I) IN GENERAL.—On the date on which the modification under subparagraph (A), the Project.’’. amount in the principal account is divisible Secretary of the Treasury shall consult with (c) CHEYENNE RIVER SIOUX TRIBAL RECOV- into 3 substantially equal portions, each por- the Tribe with respect to the modification.’’; ERY TRUST FUND.—Section 104 of the Chey- tion shall be invested in eligible obligations (3) in subsection (d), by striking paragraph enne River Sioux Tribe Equitable Compensa- that are identical (except for transferability) (1) and inserting the following: tion Act (Public Law 106–511; 114 Stat. 2365) to the next-issued publicly-issued Treasury ‘‘(1) WITHDRAWAL OF INTEREST.—Beginning is amended— obligations having a 2-year maturity, a 5- on the first day of the fiscal year beginning (1) by striking subsection (b) and inserting year maturity, and a 10-year maturity, re- after the date of enactment of the Cheyenne the following: spectively. River Sioux Tribe Equitable Compensation ‘‘(b) FUNDING.—On the first day of the fis- ‘‘(II) MATURITY OF OBLIGATIONS.—As each 2- Amendments Act of 2007, and on the first day cal year beginning after the date of enact- year, 5-year, and 10-year eligible obligation of each fiscal year thereafter, the Secretary ment of the Cheyenne River Sioux Tribe Eq- under subclause (I) matures, the principal of of the Treasury shall withdraw and transfer uitable Compensation Amendments Act of the maturing eligible obligation shall be ini- all funds in the interest account of the Fund 2007 and on the first day of each of the fol- tially invested in accordance with clause (i) to the Secretary of the Interior for use in ac- lowing 4 fiscal years (referred to in this sec- until the date on which the principal is rein- cordance with paragraph (2), to be available tion as the ‘capitalization dates’), the Sec- vested substantially equally in the eligible without fiscal year limitation.’’; and retary of the Treasury shall deposit into the obligations that are identical (except for (4) in subsection (f)— Fund, from amounts in the general fund of transferability) to the next-issued publicly- (A) by redesignating paragraphs (3) and (4) the Treasury— issued Treasury obligations having 2-year, 5- as paragraphs (4) and (5), respectively; and year, and 10-year maturities. (B) by inserting after paragraph (2) the fol- ‘‘(1) $58,144,591.60; and ‘‘(iii) DISCONTINUATION OF ISSUANCE OF OB- lowing: ‘‘(2) an additional amount equal to the LIGATIONS.—If the Department of the Treas- ‘‘(3) MEMBER LANDOWNERS.— amount of interest that would have accrued ury discontinues issuing to the public obliga- ‘‘(A) ADDITIONAL COMPENSATION.— if— tions having 2-year, 5-year, or 10-year matu- ‘‘(i) IN GENERAL.—Except as provided in ‘‘(A) the amount described in paragraph (1) rities, the principal of any maturing eligible clause (iii), the plan may provide for the pay- had been— obligation shall be reinvested substantially ment of additional compensation to member ‘‘(i) credited to the principal account as de- equally in available eligible obligations that landowners for acquisition of land by the scribed in subsection (c)(2)(B)(i)(I) on the are identical (except for transferability) to United States for use in the Oahe Dam and first day of the fiscal year beginning October the next-issued publicly-issued Treasury ob- Reservoir Project. 1, 2001; and ligations with maturities of longer than 1 ‘‘(ii) DETERMINATION OF HEIRS.—An heir of ‘‘(ii) invested as described in subsection year. a member land owner shall be determined (c)(2)(C) during the period beginning on the ‘‘(D) INVESTMENT OF INTEREST ACCOUNT.— pursuant to the applicable probate code of date described in clause (i) and ending on the ‘‘(i) BEFORE EACH CAPITALIZATION DATE.— the Tribe. last day of the fiscal year before the fiscal For purposes of subsection (b)(2)(B), amounts ‘‘(iii) EXCEPTION.—During any fiscal year, year in which that amount is deposited into considered as if they were in the interest ac- payments of additional compensation to a the Fund; and count of the Fund shall be invested in eligi- member landowner under clause (i) shall ‘‘(B) the interest that would have accrued ble obligations that are identical (except for not— under subparagraph (A) during the period de- transferability) to publicly-issued Treasury ‘‘(I) be deposited or transferred into— scribed in subparagraph (A)(ii) had been— obligations that have maturities that coin- ‘‘(aa) the Individual Indian Money account ‘‘(i) credited to the interest account under cide, to the greatest extent practicable, with of the member landowner; or subsection (c)(2)(B)(ii); and the applicable capitalization date for the ‘‘(bb) any other fund held by the United ‘‘(ii) invested during that period in accord- Fund. States on behalf of the member landowner; ance with subsection (c)(2)(D)(i).’’; ‘‘(ii) ON AND AFTER EACH CAPITALIZATION or (2) by striking subsection (c) and inserting DATE.—On and after each capitalization date, ‘‘(II) exceed an amount equal to 44.3 per- the following: amounts in the interest account shall be in- cent of the amount transferred by the Sec- ‘‘(c) INVESTMENTS.— vested and reinvested in eligible obligations retary of the Interior to the Tribe under ‘‘(1) ELIGIBLE OBLIGATIONS.—Notwith- that are identical (except for transferability) paragraph (2). standing any other provision of law, the Sec- to publicly-issued Treasury obligations that ‘‘(B) PROVISION OF RECORDS.—To assist the retary of the Treasury shall invest the Fund have maturities that coincide, to the great- Tribe in processing claims of heirs of mem- only in interest-bearing obligations of the est extent practicable, with the date on ber landowners for land acquired by the United States issued directly to the Fund. which the amounts will be withdrawn by the United States for use in the Oahe Dam and ‘‘(2) INVESTMENT REQUIREMENTS.— Secretary of the Treasury and transferred to Reservoir Project, the Secretary of the Inte- ‘‘(A) IN GENERAL.—The Secretary of the the Secretary of the Interior for use in ac- rior shall provide to the Tribe, in accordance Treasury shall invest the Fund in accordance cordance with subsection (d). with applicable laws (including regulations), with this paragraph. ‘‘(E) PAR PURCHASE PRICE.— any record requested by the Tribe to identify ‘‘(B) SEPARATE INVESTMENTS OF PRINCIPAL ‘‘(i) IN GENERAL.—To preserve in perpetuity the heirs of member landowners by the date AND INTEREST.— the amount in the principal account, the that is 90 days after the date of receipt of a ‘‘(i) PRINCIPAL ACCOUNT.—The amounts de- purchase price of an eligible obligation pur- request from the Tribe.’’. posited into the Fund under subsection (b)(1) chased as an investment of the principal ac- (d) ELIGIBILITY OF TRIBE FOR CERTAIN PRO- shall be— count shall not exceed the par value of the GRAMS AND SERVICES.—Section 105 of the ‘‘(I) credited to a principal account within obligation. Cheyenne River Sioux Tribe Equitable Com- the Fund (referred to in this paragraph as ‘‘(ii) TREATMENT.—At the maturity of an pensation Act (Public Law 106–511; 114 Stat. the ‘principal account’); and eligible obligation described in clause (i), 2365) is amended in the matter preceding ‘‘(II) invested in accordance with subpara- any discount from par in the purchase price paragraph (1) by inserting ‘‘or any member graph (C). of the eligible obligation shall be treated as landowner’’ after ‘‘Tribe’’. ‘‘(ii) INTEREST ACCOUNT.— interest paid at maturity. (e) EXTINGUISHMENT OF CLAIMS.—Section ‘‘(I) IN GENERAL.—The interest earned from ‘‘(F) HOLDING TO MATURITY.—Eligible obli- 107 of the Cheyenne River Sioux Tribe Equi- investing amounts in the principal account gations purchased pursuant to this para- table Compensation Act (Public Law 106–511; shall be— graph shall be held to their maturities. 114 Stat. 2368) is amended to read as follows:

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.000 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11422 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 7, 2007 ‘‘SEC. 107. EXTINGUISHMENT OF CLAIMS. Equitable Compensation Amendments Cheyenne River Sioux who were af- ‘‘(a) IN GENERAL.—On the date on which Act of 2007. This legislation is the re- fected by the dam and, in doing so, re- the final payment is deposited into the Fund sult of a collaborative effort between duces Federal taxpayer expenditures under section 104(b), all monetary claims the Cheyenne River Sioux Tribe, the throughout the life of the program. that the Tribe has or may have against the United States for the taking by the United South Dakota congressional delega- In the last Congress, this bill had States of land and property of the Tribe for tion, the House Natural Resources major issues, but all parties worked in the Oahe Dam and Reservoir Project of the Committee and the Department of the good faith to resolve their disagree- Pick-Sloan Missouri River Basin program Treasury. I am very pleased to stand ments. It now enjoys broad support. shall be extinguished. before my colleagues in the House We have no objection to this legisla- ‘‘(b) EFFECT OF ACCEPTANCE OF PAYMENT.— today and urge final passage of this im- tion and urge its adoption. On acceptance by a member landowner or an portant bill. b 1530 heir of a member landowner of any payment The need for this legislation began by the Tribe for damages resulting from the Mr. Speaker, I yield back the balance taking by the United States of land or prop- more than 50 years ago with the construction of a series of dams and res- of my time. erty of the Tribe for the Oahe Dam and Res- Mrs. NAPOLITANO. Mr. Speaker, we ervoir Project of the Pick-Sloan Missouri ervoir projects along the upper Mis- have no objection to this noncontrover- River Basin program, all monetary claims souri River basin. One of those that the member landowner or heir has or projects, the Oahe Dam and Reservoir, sial bill. I would like to thank my col- may have against the United States for the caused flooding on over 100,000 acres of league on the other side and also, espe- taking shall be extinguished.’’. the Cheyenne River Indian Reservation cially, the sponsor of the bill, Ms. The SPEAKER pro tempore. Pursu- in north central South Dakota. The HERSETH SANDLIN, for her very hard ant to the rule, the gentlewoman from loss of these lands was particularly work and strong leadership. Mr. Speaker, I yield back the balance California (Mrs. NAPOLITANO) and the devastating to the tribe and included of my time. gentleman from Colorado (Mr. some of their most important cropland, The SPEAKER pro tempore. The LAMBORN) each will control 20 minutes. wildlife habitat and spiritually signifi- question is on the motion offered by The Chair recognizes the gentle- cant places. the gentlewoman from California (Mrs. woman from California. Though the tribe did receive some NAPOLITANO) that the House suspend GENERAL LEAVE initial compensation for this loss, the the rules and pass the bill, H.R. 487. Mrs. NAPOLITANO. Mr. Speaker, I amount was woefully inadequate and The question was taken; and (two- ask unanimous consent that all Mem- did not reflect the magnitude of the thirds being in the affirmative) the bers may have 5 days to revise and ex- loss imposed on the tribe. In 2000, Con- rules were suspended and the bill was tend their remarks and include extra- gress recognized this injustice when it passed. neous material on the bill under con- passed legislation to provide additional A motion to reconsider was laid on sideration. compensation for the Cheyenne River the table. The SPEAKER pro tempore. Is there Sioux Tribe and created a trust fund objection to the request of the gentle- for additional tribal development. Un- f woman from California? fortunately, the 2000 legislation was in- CITY OF OXNARD WATER RECY- There was no objection. complete and flawed, requiring a num- CLING AND DESALINATION ACT Mrs. NAPOLITANO. Mr. Speaker, I ber of amendments to the underlying OF 2007 yield myself such time as I may con- law. Mrs. NAPOLITANO. Mr. Speaker, I sume. In addition to several technical move to suspend the rules and pass the I would like to commend my col- changes advocated by the Department bill (H.R. 1737) to amend the Reclama- league from South Dakota, Representa- of the Treasury, H.R. 487 will allow for tion Wastewater and Groundwater tive HERSETH SANDLIN, for her very the immediate capitalization of the Study and Facilities Act to authorize dedicated hard work and her persist- trust fund and also give the tribe the the Secretary of the Interior to partici- ence on this piece of legislation. authority to redirect a limited amount pate in the design, planning, and con- H.R. 487 makes several technical cor- of the fund towards private tribal land- struction of permanent facilities for rections to address inequities that sur- owners. Many of the 100,000-plus acres the GREAT project to reclaim, reuse, faced after the enactment of the origi- that were inundated due to the dam and treat impaired waters in the area nal Cheyenne River Sioux Tribe Equi- were actually privately owned by tribal of Oxnard, California. table Compensation Act of 2000. In members. Now tribal elders, these indi- The Clerk read the title of the bill. short, this legislation provides for ac- viduals have been waiting decades for The text of the bill is as follows: celerated compensation for tribal fair compensation and will finally have H.R. 1737 members and landowners impacted by that opportunity. the construction of the Oahe Dam in Be it enacted by the Senate and House of Rep- Not only will H.R. 487 capitalize the resentatives of the United States of America in 1962. It also satisfies a request from the fund to allow immediate implementa- Congress assembled, administration to amend the under- tion of the tribe’s poverty reduction SEC. 1. SHORT TITLE. lying structure of the compensation program, it will help to right a historic This Act may be cited as the ‘‘City of fund. wrong and ultimately saves the Fed- Oxnard Water Recycling and Desalination H.R. 487 will assist the tribe in ad- eral Government approximately $9 mil- Act of 2007’’. dressing this loss and help to ensure a lion. SEC. 2. OXNARD, CALIFORNIA, WATER RECLAMA- positive future for the Cheyenne River The merits of this legislation are TION, REUSE, AND TREATMENT Sioux. clear, both through its history and the PROJECT. Mr. Speaker, I yield such time as she (a) IN GENERAL.—The Reclamation Waste- spirit of bipartisan collaboration that water and Groundwater Study and Facilities may consume to the gentlewoman from brought it to the floor today. Act (title XVI of Public Law 102–575; 43 South Dakota (Ms. HERSETH SANDLIN), I urge my colleagues to join me in U.S.C. 390h et seq.) is amended by adding at the bill’s sponsor, to further describe supporting H.R. 487. the end the following: the legislation. Mr. LAMBORN. Mr. Speaker, I yield ‘‘SEC. ll. OXNARD, CALIFORNIA, WATER REC- Ms. HERSETH SANDLIN. Mr. Speak- myself as much time as I may con- LAMATION, REUSE, AND TREATMENT er, I want to thank Chairwoman sume. PROJECT. NAPOLITANO for her support of this im- This well-intended legislation im- ‘‘(a) AUTHORIZATION.—The Secretary, in co- portant legislation to my constituents proves current law by directly compen- operation with the City of Oxnard, Cali- fornia, may participate in the design, plan- and for her leadership on the sub- sating landowners whose tribal lands ning, and construction of Phase I permanent committee. were flooded by the construction of the facilities for the GREAT project to reclaim, I rise today in strong support of H.R. Federal Oahe Dam in South Dakota. It reuse, and treat impaired water in the area 487, the Cheyenne River Sioux Tribe also releases Federal funding to the of Oxnard, California.

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.000 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 11423 ‘‘(b) COST SHARE.—The Federal share of the imported water. A provision in the bill Finally, the brine produced as a by-product costs of the project described in subsection ensures that no Federal taxpayer dol- of the desalination and recycling plants will (a) shall not exceed 25 percent of the total lars will be used to construct or oper- provide a year-round supply of nutrient rich cost. ate a nearby visitor center connected water to the existing wetlands at Ormond ‘‘(c) LIMITATION.—The Secretary shall not provide funds for the following: to this water project. We have no ob- Beach. ‘‘(1) The operations and maintenance of the jection to this bill and urge its adop- Mr. Speaker, I commend the Natural Re- project described in subsection (a). tion. sources Committee for trying to find innovative ‘‘(2) The construction, operations, and Mrs. CAPPS. I rise in strong support of H.R. and effective ways of extending water supplies maintenance of the visitor’s center related 1737, the City of Oxnard Water Recycling and in the West. In my view, the City of Oxnard to the project described in subsection (a). Desalination Act. Water Recycling and Desalination Act offers ‘‘(d) SUNSET OF AUTHORITY.—The authority First, I want to thank the chairman of the such a creative solution. It will reduce the con- of the Secretary to carry out any provisions sumption of groundwater for agricultural and of this section shall terminate 10 years after Natural Resources Committee, Mr. RAHALL, the date of the enactment of this section.’’. and chairwoman or the Subcommittee on industrial purposes, cut imported water deliv- (b) CLERICAL AMENDMENT.—The table of Water and Power, Mrs. NAPOLITANO, as well ery requirements, and improve local reliability sections in section 2 of the Reclamation as the ranking members of the full Committee of high quality water deliveries. Projects Authorization and Adjustment Act and Subcommittee for expediting the consider- Again, I would like to thank the Natural Re- of 1992 is amended by inserting after the last ation of this legislation and for bringing H.R. sources Committee for supporting this bill, and item the following: 1737 before us today. This bill was passed by urge its immediate passage. ‘‘Sec. ll. Oxnard, California, water rec- the House of Representatives last year but Mr. LAMBORN. Mr. Speaker, I yield lamation, reuse, and treatment was never acted on by the Senate. back the balance of my time. project.’’. H.R. 1737 would authorize a proposed re- Mrs. NAPOLITANO. Mr. Speaker, I The SPEAKER pro tempore. Pursu- gional water resources project—the Ground- yield back the balance of my time. The SPEAKER pro tempore. The ant to the rule, the gentlewoman from water Recovery Enhancement and Treatment question is on the motion offered by California (Mrs. NAPOLITANO) and the or GREAT Program—located in my congres- the gentlewoman from California (Mrs. gentleman from Colorado (Mr. sional district. As you know many communities NAPOLITANO) that the House suspend LAMBORN) each will control 20 minutes. today are faced with the difficult task of pro- the rules and pass the bill, H.R. 1737. The Chair recognizes the gentle- viding reliable and safe water to their cus- The question was taken; and (two- woman from California. tomers. The City of Oxnard is no exception. thirds being in the affirmative) the GENERAL LEAVE Oxnard is on of California’s fastest growing rules were suspended and the bill was Mrs. NAPOLITANO. Mr. Speaker, I cities and is facing an ever growing crisis: it’s passed. ask unanimous consent that all Mem- running out of affordable water. The water A motion to reconsider was laid on bers may have 5 days to revise and ex- needs for the city’s agricultural and industrial the table. tend their remarks and include extra- base, together with its growing population, has neous material on the bill under con- exceed its local water resources. As a result, f sideration. over 50 percent of its water has to be Im- EASTERN MUNICIPAL WATER DIS- The SPEAKER pro tempore. Is there ported from outside sources. TRICT RECYCLED WATER SYS- objection to the request of the gentle- However, through a series of local, state TEM PRESSURIZATION AND EX- woman from California? and federal restrictions the amount of imported PANSION PROJECT There was no objection. water available to the city is shrinking, while Mrs. NAPOLITANO. Mr. Speaker, I Mrs. NAPOLITANO. Mr. Speaker, I the cost of that water is rising. Recognizing move to suspend the rules and pass the yield myself such time as I may con- these challenges, Oxnard developed the bill (H.R. 30) to amend the Reclamation sume. GREAT Program to address its long term Wastewater and Groundwater Study I would like to commend foremost water needs. and Facilities Act to authorize the Sec- my colleague from California (Mrs. The GREAT Program elements include: retary of the Interior to participate in CAPPS) again for the hard work and A new regional groundwater desalination fa- the Eastern Municipal Water District dedication to this great piece of legis- cility to serve potable water customers in Recycled Water System Pressurization lation for her district. Oxnard and adjacent communities; and Expansion Project. The purpose of H.R. 1737 is to author- A recycled water system to serve agricul- The Clerk read the title of the bill. ize the Secretary of the Interior to par- tural water users, and added protection The text of the bill is as follows: ticipate in the design and planning and against seawater intrusion and saltwater con- H.R. 30 construction of permanent facilities tamination; and Be it enacted by the Senate and House of Rep- for the Groundwater Recovery En- A wetlands restoration and enhancement resentatives of the United States of America in hancement Treatment project, the component that efficiently reuses the brine dis- Congress assembled, GREAT project. charges from both the groundwater desalina- SECTION 1. SHORT TITLE. H.R. 1737, when enacted, authorizes tion and recycled water treatment facilities. This Act may be cited as the ‘‘Eastern Mu- limited Federal financial assistance to Implementation of the GREAT Program will nicipal Water District Recycled Water Sys- develop a facility that will reclaim, provide many significant regional benefits. tem Pressurization and Expansion Project’’. reuse and treat impaired water in the First, the new desalination project will serve SEC. 2. PROJECT AUTHORIZATION. (a) IN GENERAL.—The Reclamation Waste- Oxnard, California, area. It is my hope ratepayers in Oxnard and adjacent commu- water and Groundwater Study and Facilities that the administration will under- nities, guaranteeing sufficient water supplies Act (Public Law 102-575, title XVI; 43 U.S.C. stand the significance of this very crit- for the area. 390h et seq.) is amended by adding after sec- ical litigation for Oxnard as the shin- Second, Oxnard’s current water infrastruc- tion 16XX the following: ing example of the role water recycling ture delivers approximately 30 million gallons ‘‘SEC. 16XX. EASTERN MUNICIPAL WATER DIS- plays in balancing our water manage- of treated wastewater per day to an ocean TRICT RECYCLED WATER SYSTEM PRESSURIZATION AND EXPANSION ment portfolio. outfall. The GREAT Program will utilize the re- PROJECT, CALIFORNIA. I urge my colleagues to join me in source currently wasted to the ocean and treat ‘‘(a) AUTHORIZATION.—The Secretary, in co- supporting H.R. 1737. it so that it can be reused by the agricultural operation with the Eastern Municipal Water Mr. Speaker, I reserve the balance of water users in the area. District, California, may participate in the my time. During the non-growing season, it will inject design, planning, and construction of perma- Mr. LAMBORN. Mr. Speaker, I yield the resource into to the ground to serve as a nent facilities needed to establish oper- myself such time as I may consume. barrier against seawater intrusion and salt- ational pressure zones that will be used to provide recycled water in the district. This legislation will help meet the water contamination. To alleviate severely de- ‘‘(b) COST SHARING.—The Federal share of City of Oxnard, California, water sup- pressed groundwater levels, this component the cost of the project described in sub- ply needs through the year 2030 and also includes pumping groundwater into the section (a) shall not exceed 25 percent of the will reduce the city’s dependence on aquifer to enhance groundwater recharge. total cost of the project.

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.000 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11424 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 7, 2007 ‘‘(c) LIMITATION.—Funds provided by the ership and attention on developing new SECTION 1. SHORT TITLE. Secretary shall not be used for operation or water supplies. I urge my colleagues to This Act may be cited as the ‘‘Lower Re- maintenance of the project described in sub- support this important legislation. publican River Basin Study Act’’. section (a). SEC. 2. REPUBLICAN RIVER BASIN FEASIBILITY ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— Mr. Speaker, I yield 3 minutes to the STUDY. There is authorized to be appropriated to gentleman from California (Mr. ISSA). (a) AUTHORIZATION OF STUDY.—Pursuant to carry out this section $12,000,000. Mr. ISSA. Mr. Speaker, this bill is reclamation laws, the Secretary of the Inte- ‘‘(e) SUNSET OF AUTHORITY.—The authority not new. In fact, this is the second go- rior, acting through the Bureau of Reclama- of the Secretary to carry out any provisions around for it, but that doesn’t make it tion and in consultation and cooperation of this section shall terminate 10 years after any easier. This bill, like many in the with the States of Nebraska, Kansas, and the date of enactment of this section.’’. last Congress, died in the Senate. Colorado, may conduct a study to— (b) CLERICAL AMENDMENT.—The table of (1) determine the feasibility of imple- sections in section 2 of Public Law 102-575 is That’s going to be different this time menting a water supply and conservation amended by inserting after the item relating thanks to Chairman RAHALL and Rank- project that will— to section 16XX the following: ing Member YOUNG. They considered (A) improve water supply reliability in the ‘‘Sec. 16XX. Eastern Municipal Water Dis- this, reviewed to see if there were any Republican River Basin between Harlan trict Recycled Water System significant changes, and quickly re- County Lake in Nebraska and Milford Lake Pressurization and Expansion ported it out of committee. I want to in Kansas, including areas in the counties of Project, California.’’. thank them for working on a bipar- Harlan, Franklin, Webster, and Nuckolls in The SPEAKER pro tempore. Pursu- tisan basis to do that early on. Nebraska and Jewel, Republic, Cloud, Wash- ant to the rule, the gentlewoman from ington, and Clay in Kansas (in this section This is important to the people of referred to as the ‘‘Republican River Basin’’); California (Mrs. NAPOLITANO) and the Southern California. As the gentlelady, (B) increase the capacity of water storage gentleman from Colorado (Mr. who will speak, hopefully, next, will through modifications of existing projects or LAMBORN) each will control 20 minutes. tell you, California has water. Unfortu- through new projects that serve areas in the The Chair recognizes the gentle- nately, we don’t capture enough, and it Republican River Basin; and woman from California. isn’t where we need it and when we (C) improve water management efficiency GENERAL LEAVE need it. in the Republican River Basin through con- Mrs. NAPOLITANO. Mr. Speaker, I H.R. 30 is designed to bring some of servation and other available means and, ask unanimous consent that all Mem- where appropriate, evaluate integrated water that availability by significantly in- resource management and supply needs in bers may have 5 days to revise and ex- creasing our use of recycled water, tend their remarks and include extra- the Republican River Basin; and both helping maintain the aquifer and (2) consider appropriate cost-sharing op- neous material on the bill under con- providing safe, clean water for a mul- tions for implementation of the project. sideration. titude of uses for the people of South- (b) COST SHARING.—The Federal share of The SPEAKER pro tempore. Is there ern California. I urge the support of the cost of the study shall not exceed 50 per- objection to the request of the gentle- this bill, and I will not mention the cent of the total cost of the study, and shall be nonreimbursable. woman from California? other body again, except to say that I There was no objection. (c) COOPERATIVE AGREEMENTS.—The Sec- Mrs. NAPOLITANO. Mr. Speaker, I am looking forward to this early pas- retary shall undertake the study through co- yield myself such time as I may con- sage turning into an early signature by operative agreements with the State of Kan- sas or Nebraska and other appropriate enti- sume. the President. Mrs. NAPOLITANO. Mr. Speaker, I ties determined by the Secretary. H.R. 30, as introduced by our col- (d) COMPLETION AND REPORT.— yield back the balance of my time. league, Mr. DARRELL ISSA from Cali- (1) IN GENERAL.—Except as provided in fornia, amends the Reclamation Waste- Mr. LAMBORN. Mr. Speaker, I yield paragraph (2), not later than 3 years after water and Groundwater Study and Fa- back the balance of my time. the date of the enactment of this section the cilities Act to authorize the Secretary The SPEAKER pro tempore. The Secretary of the Interior shall complete the of the Interior to participate in the question is on the motion offered by study and transmit to the Congress a report Eastern Municipal Water District Re- the gentlewoman from California (Mrs. containing the results of the study. NAPOLITANO) that the House suspend (2) EXTENSION.—If the Secretary deter- cycled Water System Pressurization mines that the study cannot be completed and Expansion Project. the rules and pass the bill, H.R. 30. The question was taken; and (two- within the 3-year period beginning on the This legislation will provide limited date of the enactment of this Act, the Sec- financial assistance to the district for thirds being in the affirmative) the retary— the expansion of the Eastern Municipal rules were suspended and the bill was (A) shall, at the time of that determina- Water District pressure zone system, a passed. tion, report to the Congress on the status of critical part of their water recycling A motion to reconsider was laid on the study, including an estimate of the date system. The legislation will help the the table. of completion; and (B) complete the study and transmit to the f district maintain a stable, secure water Congress a report containing the results of supply to strengthen the community’s LOWER REPUBLICAN RIVER BASIN the study by not later than that date. ability to attract business, sustain its STUDY ACT (e) SUNSET OF AUTHORITY.—The authority economy, protect its environment, and of the Secretary to carry out any provisions deal with the community’s needs. Mrs. NAPOLITANO. Mr. Speaker, I of this Act shall terminate 10 years after the I thank Mr. ISSA for his hard work on move to suspend the rules and pass the date of the enactment of this Act. this legislation, and I urge my col- bill (H.R. 1025) to authorize the Sec- The SPEAKER pro tempore. Pursu- leagues to join me in supporting H.R. retary of the Interior to conduct a ant to the rule, the gentlewoman from 30. study to determine the feasibility of California (Mrs. NAPOLITANO) and the Mr. Speaker, I reserve the balance of implementing a water supply and con- gentleman from Colorado (Mr. my time. servation project to improve water sup- LAMBORN) each will control 20 minutes. Mr. LAMBORN. Mr. Speaker, I yield ply reliability, increase the capacity of The Chair recognizes the gentle- myself such time as I may consume. water storage, and improve water man- woman from California. H.R. 30 recognizes the need to cap- agement efficiency in the Republican GENERAL LEAVE ture and treat waste runoff to meet River Basin between Harlan County Mrs. NAPOLITANO. Mr. Speaker, I growing water supply needs in arid Lake in Nebraska and Milford Lake in ask unanimous consent that all Mem- Southern California. The water recy- Kansas. bers may have 5 days to revise and ex- cling project envisioned in this legisla- The Clerk read the title of the bill. tend their remarks and include extra- tion will help drought-proof the region The text of the bill is as follows: neous material on the bill under con- and reduce its dependence on imported H.R. 1025 sideration. water from the Colorado River. Be it enacted by the Senate and House of Rep- The SPEAKER pro tempore. Is there I commend our colleague from Cali- resentatives of the United States of America in objection to the request of the gentle- fornia (Mr. ISSA) for his continued lead- Congress assembled, woman from California?

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.000 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 11425 There was no objection. ranchers, municipalities both in Ne- nomic viability of the rural communities that Mrs. NAPOLITANO. Mr. Speaker, I braska and Kansas in the long term. rely on delivery of a consistent supply of yield myself such time as I may con- I want to thank Mr. RAHALL, Mr. water, and I urge Members to approve this sume. YOUNG, and the Natural Resources legislation. The purpose of H.R. 1025, as intro- Committee staff for bringing forth this Mr. LAMBORN. Mr. Speaker, I yield duced by our colleague from Kansas bill. I appreciate the cooperation on back the balance of my time. (Mr. MORAN), is to authorize the Sec- both sides of the aisle. I urge Members Mrs. NAPOLITANO. Mr. Speaker, I retary of the Interior to conduct a fea- of Congress to approve this legislation. yield back the balance of my time. sibility study on the Republican River Mr. MORAN of Kansas. Mr. Speaker, I rise The SPEAKER pro tempore. The Basin between Harlan County Lake in in support of H.R. 1025, the Lower Republican question is on the motion offered by Nebraska and Milford Lake in Kansas. River Basin Study Act. I would like to thank the gentlewoman from California (Mrs. H.R. 1025 is a cooperative agreement Chairman Rahall and the Resources Com- NAPOLITANO) that the House suspend between Nebraska, Kansas, Colorado, mittee for helping to bring this legislation be- the rules and pass the bill, H.R. 1025. and the Federal Government that calls fore the House today. The question was taken. for a feasibility study of water re- The timing of this legislation is significant, The SPEAKER pro tempore. In the sources of that river basin. The goal is not only for farmers in Kansas who have dealt opinion of the Chair, two-thirds being to find new solutions to provide water with successive years of drought and de- in the affirmative, the ayes have it. reliability, increase the capacity of the creased water supplies, but because the re- Mrs. NAPOLITANO. Mr. Speaker, on current water storage, which is so im- spective states have already appropriated that I demand the yeas and nays. portant, and improve water manage- funds for the current fiscal year to conduct the The yeas and nays were ordered. ment efficiency. This study is impera- feasibility study authorized by this legislation. The SPEAKER pro tempore. Pursu- tive to the responsible management of H.R. 1025 is a product of the Republican ant to clause 8 of rule XX and the our water supplies. River Compact Settlement. That settlement re- Chair’s prior announcement, further I urge my colleagues to join me in sulted from litigation filed by the State of Kan- proceedings on this question will be supporting H.R. 1025. sas against the States of Nebraska and Colo- postponed. Mr. Speaker, I reserve the balance of rado in 1998 because required amounts of f my time. water were not reaching Kansas under the ALASKA WATER RESOURCES ACT Mr. LAMBORN. Mr. Speaker, I yield Republican River Compact terms. In 2003, the OF 2007 myself such time as I may consume. Republican River Compact Settlement brought H.R. 1025, introduced by our col- that litigation to an end. Mrs. NAPOLITANO. Mr. Speaker, I leagues JERRY MORAN and ADRIAN The Settlement was signed not only by the move to suspend the rules and pass the SMITH, implements the Republican party States, but also administration officials bill (H.R. 1114) to require the Secretary River Compact Settlement as nego- and was subsequently approved by the United of the Interior, acting through the Bu- tiated between the States of Colorado, States Supreme Court in 2003. As part of that reau of Reclamation and the United Nebraska, and Kansas. This legislation Settlement, the Parties agreed to have the States Geological Survey, to conduct a serves as the first step to increase Secretary of the Interior conduct a study to de- study on groundwater resources in the water storage and water use efficiency termine the feasibility of implementing water State of Alaska, and for other pur- to benefit those served by the waters of supply and conservation projects in the Re- poses. the Republican River. publican River Basin below Harlan Reservoir. The Clerk read the title of the bill. I commend Mr. MORAN and Mr. SMITH In accordance with the Settlement Agreement, The text of the bill is as follows: for their leadership on this important H.R. 1025 provides that the cost of the study H.R. 1114 matter. I urge my colleagues to sup- will be shared between the Federal Govern- Be it enacted by the Senate and House of Rep- port this legislation. ment and the States of Kansas and Nebraska. resentatives of the United States of America in Mr. Speaker, I yield 3 minutes to the As of today, the States have done their part Congress assembled, gentleman from Nebraska (Mr. SMITH). under the settlement agreement. In fact, my SECTION 1. SHORT TITLE. Mr. SMITH of Nebraska. I thank the home State of Kansas has already appro- This Act may be cited as the ‘‘Alaska gentleman for yielding me time and priated funds for the current fiscal year. I also Water Resources Act of 2007’’. bringing this bill forward today. understand that Mr. Smith’s State of Nebraska SEC. 2. DEFINITIONS. Mr. Speaker, H.R. 1025 would author- has done the same. In this Act: ize one of the requirements of the Re- Mr. Speaker, all that remains is for the Fed- (1) SECRETARY.—The term ‘‘Secretary’’ publican River Compact Settlement eral Government to meet its obligation under means the Secretary of the Interior. negotiated between the States of Ne- the settlement agreement. The feasibility study (2) STATE.—The term ‘‘State’’ means the State of Alaska. braska, Kansas and Colorado and ap- is desperately needed to increase water avail- SEC. 3. ALASKA WATER RESOURCES STUDY. proved by the Supreme Court in 2003. It ability and encourage more efficient water use (a) STUDY.—The Secretary, acting through is not only necessary to ensure the and delivery systems. the Commissioner of Reclamation and the States remain in compliance with this The Lower Republican Basin has a history Director of the United States Geological agreement, but to make certain the ag- of periodic droughts and water shortages. The Survey, where appropriate, and in accord- riculture, industrial and domestic use upper third of the Kansas Bostwick Irrigation ance with this Act and other applicable proof the water is carried out in the most District, which lies above Lovewell Reservoir, visions of law, shall conduct a study that inefficient and effective manner possible. received limited water allocations in 2003 and cludes— The Lower Republican River Basin no water allocations in 2004 and 2005. (1) a survey of accessible water supplies, Study will examine how to better uti- Producers in the lower two-thirds of the including aquifers, on the Kenai Peninsula lize opportunities to increase water and in the Municipality of Anchorage, the Kansas Bostwick Irrigation District have also Matanuska-Susitna Borough, the city of storage in the river basin. I am hopeful experienced water shortages since 2003. Fairbanks, and the Fairbanks Northstar Bor- the results of this study will lead to an Irrigators in this portion of the District have ough; increase in water availability while we only received half of the base supply they (2) a survey of water treatment needs and continue to encourage more efficient were supposed to receive. The project facili- technologies, including desalination, appli- water use. ties in the Lower Republican River Basin are cable to the water resources of the State; As many of you know, especially over 50 years old. Changed hydrological con- and those from the Midwest, the current ditions and aging facilities require better utili- (3) a review of the need for enhancement of water shortage has made this a very the streamflow information collected by the zation of limited water supplies. United States Geological Survey in the State critical issue for my congressional dis- Mr. Speaker, the feasibility study authorized relating to critical water needs in areas such trict. So if we can, through this study, by H.R. 1025 is not only necessary to ensure as— allocate more water, allocate water the states remain in compliance with an inter- (A) infrastructure risks to State transpor- more effectively, it will help farmers, state compact, but also to ensure the eco- tation,

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.000 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11426 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 7, 2007 (B) flood forecasting, member of the House Natural Re- The question was taken; and (two- (C) resource extraction; and sources Committee, DON YOUNG, will thirds being in the affirmative) the (D) fire management. help Alaskans through water infra- rules were suspended and the bill was (b) REPORT.—Not later than 2 years after structure study and development, and the date of the enactment of this Act, the passed. Secretary shall submit to the Committee on improved flood control management. A motion to reconsider was laid on Natural Resources of the House of Rep- Mr. Speaker, I yield such time as he the table. resentatives and the Committee on Energy may consume to the author of the bill f and Natural Resources of the Senate a report and the ranking Republican of the Nat- describing the results of the study required ural Resources Committee, Mr. YOUNG SOUTH ORANGE COUNTY RECY- by subsection (a). of Alaska. CLED WATER ENHANCEMENT SEC. 4. SUNSET. Mr. YOUNG of Alaska. Mr. Speaker, ACT The authority of the Secretary to carry let me thank the chairman of the com- Mrs. NAPOLITANO. Mr. Speaker, I out any provisions of this Act shall termi- mittee, Mrs. NAPOLITANO from Cali- move to suspend the rules and pass the nate 10 years after the date of the enactment fornia, for bringing this bill up with of this Act. bill (H.R. 1140) to authorize the Sec- Mr. RAHALL. retary, in cooperation with the City of SEC. 5. AUTHORIZATION OF APPROPRIATIONS. This bill seeks to expand Alaska’s There are authorized to be appropriated San Juan Capistrano, California, to water supply system and reduce flood participate in the design, planning, and such sums as are necessary to carry out this threats. My State’s combined water Act. construction of an advanced water bodies comprise one-third of all the treatment plant facility and recycled The SPEAKER pro tempore. Pursu- fresh water in the United States, but water system, and for other purposes. ant to the rule, the gentlewoman from communities are struggling to provide The Clerk read the title of the bill. California (Mrs. NAPOLITANO) and the drinking water due to the outdated The text of the bill is as follows: gentleman from Colorado (Mr. water distribution system and lack of LAMBORN) each will control 20 minutes. information on groundwater resources. H.R. 1140 The Chair recognizes the gentle- For this reason, this bill will include a Be it enacted by the Senate and House of Rep- woman from California. survey of potential water supplies in resentatives of the United States of America in GENERAL LEAVE the City of Anchorage, the Matanuska- Congress assembled, Mrs. NAPOLITANO. Mr. Speaker, I Susitna Borough, the City of Fairbanks SECTION 1. SHORT TITLE. ask unanimous consent that all Mem- and Fairbanks Northstar Borough. This Act may be cited as the ‘‘South Or- bers may have 5 days to revise and ex- The bill also improves streamflow in- ange County Recycled Water Enhancement Act’’. tend their remarks and include extra- formation to improve flood forecasting, SEC. 2. PROJECT AUTHORIZATIONS. neous material on the bill under con- resource extraction and fire manage- (a) IN GENERAL.—The Reclamation Waste- sideration. ment. Streamflow information in the water and Groundwater Study and Facilities The SPEAKER pro tempore. Is there form of USGS streamgaging stations is Act (Public Law 102–575, title XVI; 43 U.S.C. objection to the request of the gentle- insufficient in Alaska compared to 390h et seq.) is amended by adding at the end woman from California? other States. In fact, Alaska has only the following: There was no objection. 100 streamgage stations, which is less ‘‘SEC. 16xx. SAN JUAN CAPISTRANO RECYCLED Mrs. NAPOLITANO. Mr. Speaker, I than 10 percent of the information WATER SYSTEM. yield myself such time as I may con- available in many other States. This ‘‘(a) AUTHORIZATION.—The Secretary, in co- sume. bill will help alleviate that situation. operation with the City of San Juan The purpose of 1114, as introduced by Again, I want to thank Mr. RAHALL Capistrano, California, is authorized to participate in the design, planning, and con- the ranking member of the Natural Re- and Mrs. NAPOLITANO of California for sources Committee, the Honorable Rep- bringing this bill, and I urge passage of struction of an advanced water treatment plant facility and recycled water system. ON OUNG resentative D Y , is to require this legislation. ‘‘(b) COST SHARE.—The Federal share of the the Secretary of the Interior, through Mr. Speaker, may I say that I am so cost of the project authorized by this section the Bureau of Reclamation and the happy today we are talking about shall not exceed 25 percent of the total cost United States Geological Survey, to water, water in California, water in of the project. conduct a study on groundwater re- Alaska, water in Nebraska. Water is ‘‘(c) LIMITATION.—The Secretary shall not sources in the State of Alaska. going to be our next big crisis that we provide funds for the operation and mainte- are going to be faced with in this Na- nance of the project authorized by this sec- b 1545 tion, it is energy now, and we must do tion. The assessment and evaluation of something. We have to learn how to ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to current water resources is essential to use water better, how to impound understanding the needs of that com- carry out this section $18,500,000. water, and how to deliver water so we ‘‘(e) SUNSET.—The authority of the Sec- munity and its environment. H.R. 1114 have that which supports our life, and retary to carry out any provisions of this would require the Bureau of Reclama- that is water. section shall terminate 10 years after the tion and the USGS to do exactly that, Mr. LAMBORN. Mr. Speaker, I yield date of the enactment of this section. to study the water supplies, the water back the balance of my time. ‘‘SEC. 163X. SAN CLEMENTE RECLAIMED WATER treatment, and the water distribution Mrs. NAPOLITANO. Mr. Speaker, I PROJECT. needs of Alaska. The bill requires the couldn’t agree more with Congressman ‘‘(a) AUTHORIZATION.—The Secretary, in co- Secretary of Interior to report the find- YOUNG about the importance of water operation with the City of San Clemente, ings of this study to Congress no later for our country, and I would hope that California, is authorized to participate in the than 2 years after enactment. design, planning, and construction of a we can work in a bipartisan manner to project to expand reclaimed water distribu- A study of this magnitude, Mr. continue to look at other areas that tion, storage and treatment facilities. Speaker, is vital to the proper manage- will be in dire need of help, Federal ‘‘(b) COST SHARE.—The Federal share of the ment of our most precious natural re- help, to be able to determine what cost of the project authorized by this section source. I do greatly appreciate the hard needs to be done to help them address shall not exceed 25 percent of the total cost work of Representative YOUNG on this their water concerns, and I thank the of the project. legislation and urge my colleagues to gentleman. ‘‘(c) LIMITATION.—The Secretary shall not join me in supporting H.R. 1114. Mr. Speaker, I yield back the balance provide funds for the operation and mainte- Mr. Speaker, I reserve the balance of of my time. nance of the project authorized by this section. my time. The SPEAKER pro tempore. The ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— Mr. LAMBORN. Mr. Speaker, I yield question is on the motion offered by There is authorized to be appropriated to myself such time as I may consume. the gentlewoman from California (Mrs. carry out this section $5,000,000 This important legislation intro- NAPOLITANO) that the House suspend ‘‘(e) SUNSET.—The authority of the Sec- duced by the distinguished ranking the rules and pass the bill, H.R. 1114. retary to carry out any provisions of this

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.000 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 11427 section shall terminate 10 years after the and San Clemente meet their water shares my belief that water recycling date of the enactment of this section.’’. supply needs, and reduces their depend- is an important tool in addressing (b) CONFORMING AMENDMENTS.—The table ence on imported water. growing water needs in the west. Mr. of sections in section 2 of Public Law 102–575 I commend Representative CALVERT is amended by inserting after the item relat- Speaker, I think it is crucial that we ing to section 163X the following: for his longstanding leadership in help- recognize and assist communities that ‘‘Sec. 163X. San Juan Capistrano Recycled ing all of Southern California meet its are working to reduce their reliance on Water System. future water needs through a combina- imported water, and I urge all col- ‘‘Sec. 163X. San Clemente Reclaimed Water tion of water recycling, desalting, con- leagues to support the South Orange Project.’’. servation and water storage. I urge my County Recycled Water Enhancement The SPEAKER pro tempore. Pursu- colleagues to support this bill. Act. ant to the rule, the gentlewoman from Mr. Speaker, I yield 3 minutes to the Mr. LAMBORN. Mr. Speaker, I yield California (Mrs. NAPOLITANO) and the gentleman from California (Mr. CAL- back the balance of my time. gentleman from Colorado (Mr. VERT), the author of the bill. Mrs. NAPOLITANO. Mr. Speaker, LAMBORN) each will control 20 minutes. Mr. CALVERT. Mr. Speaker, I want first of all, I want to thank staff on The Chair recognizes the gentle- to thank my chairman, Mrs. both sides who have been working col- woman from California. NAPOLITANO, for the hard work that she laboratively and in a bipartisan man- GENERAL LEAVE has put into all these water bills and ner. Mrs. NAPOLITANO. Mr. Speaker, I for her desire to make sure that areas Water knows no political colors or ask unanimous consent that all Mem- such as southern California have water boundaries. I think we need to work to- bers may have 5 days to revise and ex- for the future. gether to be able to ensure that our tend their remarks and include extra- The South Orange County Recycled economy continues growing, that neous material on the bill under con- Water Enhancement Act is a relatively water will continue to flow through the sideration. modest yet important step toward faucets and in the rivers and dams and The SPEAKER pro tempore. Is there meeting the long-term water needs for aquifers. objection to the request of the gentle- the West. Water recycling is an ap- And along with Mr. LAMBORN, Mr. woman from California? proach that more and more commu- Speaker, I want to urge all Members to There was no objection. nities are tapping to meet local and re- look at their district water needs, and Mrs. NAPOLITANO. Mr. Speaker, I gional water demand. To address the begin to understand it and be able to yield myself such time as I may con- continued growth of water users, com- work with it so that we can protect the sume. munities are truly maximizing the use rest of the States that are going Mr. Speaker, the purpose of H.R. 1140, of every drop of water. through, whether it is droughts or as introduced by my colleague and The South Orange County Recycled other areas that they need help with. former chair of the subcommittee, Mr. Water Enhancement Act authorizes I certainly want to thank my rank- KEN CALVERT, is to authorize the Sec- two water reclamation projects in the ing member, KATHY MCMORRIS, who retary to participate in the design, South Orange County portion of my isn’t here, but certainly Mr. LAMBORN, planning and construction of an ad- district. South Orange County relies who has done a great job. And I want to vanced water treatment facility and re- heavily on imported water from thank him specifically, because to cycled water system. sources such as the Colorado River and work collaboratively and get these The continuing drought and the de- the Bay Delta in northern California. bills out is critical not only in time but crease in snow pack have led to a re- Water reclamation projects and other in the effect it has on our economy duction in water supplies in many steps which reduce demand for im- throughout the Nation. parts of the West. Water recycling ported water benefit all regional water Mr. Speaker, I yield back the balance projects can help communities protect uses. The first project outlined in this of my time. against the adverse consequences of legislation is the San Juan Capistrano The SPEAKER pro tempore. The drought. recycled water system, which would question is on the motion offered by H.R. 1140 will authorize limited Fed- enable the City of San Juan Capistrano the gentlewoman from California (Mrs. eral financial assistance for two sepa- to provide recycled water to users NAPOLITANO) that the House suspend rate water recycling projects in South- throughout the city and its neigh- the rules and pass the bill, H.R. 1140. ern California. One, beautiful San Juan boring communities. To meet the local The question was taken; and (two- Capistrano, and the other in great San demand, the City has developed a thirds being in the affirmative) the Clemente. project that includes the construction rules were suspended and the bill was Recycled water can satisfy many of a water treatment facility as well as passed. water demands, and the enactment of transmission infrastructure. A motion to reconsider was laid on this bill will continue our efforts to en- I want to thank the San Juan the table. courage the administration to include Capistrano Mayor Sam Allevato and f recycling as an effective water man- the rest of the city council for their agement strategy. I note it was left out dedication to this important project. PROVIDING FOR CONSIDERATION of Water 2025, and I want to be sure The second part of this project is the OF S. CON RES. 21, CONCURRENT that we continue to push forward for San Clemente Reclaimed Water RESOLUTION ON THE BUDGET that which is very, very helpful to Project, which would expand San FOR FISCAL YEAR 2008 many communities. Clemente’s reclaimed water infrastruc- Mr. MCGOVERN. Mr. Speaker, by di- ture by doubling its production capa- I do urge my colleagues to join me in rection of the Committee on Rules, I bility. When completed, San supporting 1140. call up House Resolution 370 and ask Mr. Speaker, I reserve the balance of Clemente’s recycled water project will for its immediate consideration. my time. reduce the city’s demand of domestic The Clerk read the resolution, as fol- Mr. LAMBORN. Mr. Speaker, I yield water by 3,300 acre feet of water per lows: myself such time as I may consume. year. I applaud San Clemente Mayor This legislation, H.R. 1140, intro- Jim Dahl and the entire city council H. RES. 370 duced by the distinguished former for their entire commitment to water Resolved, That upon the adoption of this chairman of the Water and Power Sub- recycling. resolution it shall be in order without intervention of any point of order to consider in committee, KEN CALVERT of California, Again, I want to thank my good the House the concurrent resolution (S. Con. authorizes limited Federal assistance friend GRACE NAPOLITANO, our chair- Res. 21) setting forth the congressional budg- for two water recycling projects in woman of the Water and Power Sub- et for the United States Government for fis- southern Orange County. This bill committee, for her leadership and sup- cal year 2008 and including the appropriate helps the cities of San Juan Capistrano port of my legislation. I know she budgetary levels for fiscal years 2007 and 2009

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.000 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11428 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 7, 2007 through 2012. The concurrent resolution that is exactly what we will do, with or This deeply flawed budget would in- shall be considered as read. An amendment without the cooperation of the Repub- crease taxes on almost 8 million tax- in the nature of a substitute consisting of lican minority. payers just in my home State of Texas the text of House Concurrent Resolution 99, This rule does not block a vote on ap- alone. It would collect these taxes by as adopted by the House, shall be considered as adopted. All points of order against the proval of the Senate budget resolution, allowing the 2001 and 2003 tax relief concurrent resolution, as amended, are as amended. It does not interfere with provided by the Republican Congress to waived. The previous question shall be con- the motion to instruct conferees. It expire. sidered as ordered on the concurrent resolu- simply allows the House to insist on its In real terms, for every American tion, as amended, to final adoption without version of the budget resolution and to taxpayer, this means reducing the intervening motion or demand for division of request a conference with the Senate, child tax credit for working families so the question. If the Senate concurrent reso- nothing more. So let’s pass this rule that the government can collect $27 lution, as amended, is adopted, then it shall and get the budget resolution into con- billion more to finance, yes, you’ve got be in order to move that the House insist on it, Mr. Speaker, brand-new spending. its amendment to the concurrent resolution ference. Mr. Speaker, I reserve the balance of It means reinstating the marriage and request a conference with the Senate penalty and the death tax to collect an thereon. The previous question shall be con- my time. additional $104 billion so that the new sidered as ordered on that motion to adop- b 1600 tion without intervening motion. majority Democrats can kick the can The SPEAKER pro tempore. The gen- Mr. SESSIONS. Mr. Speaker, I rise further down the road, rather than re- tleman from Massachusetts (Mr. today in strong opposition to this rule forming and strengthening our Na- and the unprecedented tax increase tion’s entitlement programs. MCGOVERN) is recognized for 1 hour. And it means completely ignoring Mr. MCGOVERN. Mr. Speaker, for that the Democrat majority is bringing the alternative minimum tax crisis the purpose of debate only, I yield the back to the House today. which is projected to hit 23 million customary 30 minutes to the gen- I wish I could report to my col- middle-class families if not dealt with tleman from Texas (Mr. SESSIONS). All leagues that this legislation was im- in a responsible manner. time yielded during consideration of proved since the last time the House considered it in March. Unfortunately, Mr. Speaker, I believe the voters the rule is for debate only. watching this debate on C–SPAN un- I yield myself such time as I may the massive and irresponsible tax increase included in the House version of derstand what these tax increases consume and I ask unanimous consent mean for them, the economy, and for to revise and extend my remarks. I also this budget would still be the largest tax increase in American history, our ability to compete globally. But ask unanimous consent that all Mem- they may not realize what they mean bers be given 5 legislative days in weighing in at a shocking $392.5 billion over the next 5 years. for the average family of four with which to revise and extend their re- $60,000 in earnings. It will mean a tax marks on House Resolution 370. This Democrat budget, which is balanced on the backs of everyday tax- increase of 61 percent. It means that a The SPEAKER pro tempore. Is there single parent with two children and objection to the request of the gen- payers, would be used to finance bloat- ed new government spending that will $30,000 in earnings would see a tax in- tleman from Massachusetts? crease of 67 percent. And it means that There was no objection. grow well above the rate of inflation through 2012, while also ignoring the an elderly couple with $40,000 of income Mr. MCGOVERN. Mr. Speaker, H. would see their taxes increase by a Res. 370 provides for consideration in brewing entitlement crisis. Around 77 million baby boomers will be retiring whopping 156 percent. the House of S. Con. Res. 21, the Senate Mr. Speaker, you can see the advan- in the very near future and will begin version of the concurrent budget reso- tages of the Republican tax cut and collecting Social Security, Medicare, lution for 2008. It also provides for the what it means to every single middle- and Medicaid. Funding this new spend- House to insist on the House-passed class American. version of the budget resolution and to ing represents the greatest economic Now, one would think that a hike of request a conference with the Senate. challenge of our era, and it is a chal- almost $400 billion impacting every The rule is very simple. It allows the lenge that the Democrat budget has American taxpayer would be enough to House to disagree with the Senate chosen to completely ignore, while finance the Democrats’ appetite for big budget resolution and request a con- going on its own spending spree else- government. But trust me, it’s just the ference. It doesn’t interfere with the where. start. This budget also contains 12 re- motion to instruct conferees; it just al- In the 32nd Congressional District of serve funds or pet initiative IOUs lows the House to go to conference and Texas, which I have the honor to rep- which set the stage for more than $115 appoint conferees. resent, the Heritage Foundation esti- billion in higher future spending which This rule is necessary, Mr. Speaker, mates that the passage of this budget would have to be financed by, you because the Republican leadership re- will cost every single taxpayer an addi- guessed it, even higher taxes. fused to agree to the customary unani- tional $2,920 in 2012. It will also mean a For the last 4 years, responsible mous consent request required to go to per capita loss of $474 in personal in- budgets passed by the Republican conference on a Senate numbered bill. come, as well as 2,389 lost jobs as a re- Party kept discretionary spending at In fact, there is no instance in recent sult of a loss of $328 million to the local or below inflation for all nondefense, memory where a separate rule has been economy of the 32nd Congressional Dis- non-homeland security spending. This adopted to go to conference with the trict of Texas. budget plan brought forward by the Senate on a budget resolution due to Mr. Speaker, I will insert into the Democrats brings this fiscally dis- the objection of a unanimous consent RECORD this entire document which de- ciplined tradition to a screeching halt request. tails the severe negative impact on the by allowing about $25 billion more in Mr. Speaker, I am having a hard time passage that this budget will have on discretionary spending than President figuring out why my Republican every single taxpayer from every single Bush or even the spendthrift Senate, friends are choosing to be obstruction- district across the country. for that matter, which asked for about ists on even the most routine house- Mr. Speaker, if fiscal discipline is $7 billion less than the House. keeping measures. They talk a lot what the Democrats promised voters Thankfully, it’s not too late to stop about civility and comity in the House, this past fall, then, by my account, it this fiscal train wreck. By voting but apparently it is just that, talk, be- took only 3 months for the Democrat against this rule, every Member of this cause their actions point to a very dif- candidates to abandon their campaign body can demonstrate their opposition ferent strategy. promises and an additional 2 months to the Federal largesse included in this The new Democratic majority, on the for Democrats to reiterate their really budget, as well as their opposition to other hand, is committed to results. true support for tax-and-spend policies the largest tax increase in American We were elected to get things done, and again here on the House floor today. history.

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.000 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 11429 Without the meaningful tax relief Now, to make matters worse, most of tiatives. One is the Children’s Health passed by this recent Republican Con- that debt has been purchased by for- Insurance Initiative, but none of these gress, our economy would not have eign investors, making the U.S. econ- initiatives, including CHIP, will be un- seen the massive job growth with 7.6 omy more vulnerable to economic and dertaken, none of them will be under- million new jobs created for American political instability and political pres- taken unless there are offsetting reve- workers and tremendous economic sure from abroad. nues or offsetting expenses to make growth of 3.5 percent per year that has So for anyone to get up here and to them budget neutral so they do not our economy growing at the highest brag about the Republican record on have any impact on the bottom line. rate and has done so over the last 15 fiscal matters, I think, to me, defies This budget resolution and the Sen- quarters. comprehension. The record is clear. ate resolution both contain program Mr. Speaker, I encourage all of my You have messed up the economy of integrity measures requested by the colleagues to stand up for fiscal dis- this country in terms of this incredible President, augmented by us in our cipline, economic growth, and respon- debt that we have now put on the backs budget resolution to crack down on sible budgeting by opposing this rule of our kids and our grandkids and our wasteful spending. We’re proud of that. and the underlying tax increase. great grandkids. What the Democratic We want to see that money appro- Mr. Speaker, I reserve the balance of budget is trying to do is restore some priated. We want to see some that my time. fiscal discipline, pay-as-you-go, and to could be saved on wasteful sending. Mr. MCGOVERN. Mr. Speaker, if I get this country back on the right Both budgets, and let me emphasize could respond to the gentleman from course. this, both budgets support middle-in- Texas, I don’t know what he’s talking Having said that, Mr. Speaker, I’d come tax relief. We’ll say it again and about. The fact of the matter is that like to yield 8 minutes to the distin- again and again. It bears repeating be- the Democratic budget resolution does guished gentleman from South Caro- cause it’s absolutely true. not contain a single tax increase. Pe- lina, the chairman of the House Budget The House budget resolution sites in riod. The Concord Coalition stated that Committee, Mr. SPRATT. its text income tax cuts that were the budget resolution does not call for Mr. SPRATT. Mr. Speaker, this rule passed in 2001 and 2003, and it supports, or require a tax increase. The Center simply makes in order a motion to go not in one place, but two, wholesomely on Budget and Policy Priorities said to conference on the House and Senate supports the extension and renewal of the House plan does not include a tax budget resolution. That’s all it does. those tax cuts past 2010, when they will increase. The Hamilton Project of the The budget resolution, in turn, all expire. Brookings Institute says the budget frames all that we will do in fiscal year Now, let me make something clear. would not raise taxes. 2008, next year; and it helps keep the Mr. Speaker, I sat on the Budget process fiscally disciplined as we move This budget resolution for the next 4 Committee. I had the honor of serving forward. Usually, this procedure is ac- years does not take a thing away from under Chairman SPRATT. And I would companied by, expedited by, unani- any taxpayer. The tax cuts passed in say to the gentleman from Texas, if he mous consent. In this case, we couldn’t 2001 and 2003 remain unaffected, remain reads the budget resolution, it actually be assured of unanimous consent, so we standing and in place. supports the renewal of the middle- are, instead, moving forward with the In addition, let me make clear that class income tax cut. rule. when the tax cuts adopted in 2001 and Section 401 of the budget resolution Now, naturally, we in the House 2003 expire at the end of 2010, it’s by de- commits the budget to the support of think that the House-passed budget is sign. That’s the way you wrote the res- the middle-class tax cuts passed in 2001 a better expression of our goals. But olution. That’s the way you wrote the and 2003, including the child tax credit, both resolutions to be resolved in con- bill that passed it. And we do not pro- the marriage penalty relief, the 10 per- ference, both are Democratic products, pose anything here in this bill about cent individual income tax bracket, es- and we think both are vastly better, not renewing those tax cuts when they tate tax reform, research and develop- far better budgets than the Repub- come up. We simply say that’s a bridge ment tax credit, and the deduction of licans offered this year or last year, for we will cross when we get to it. State and local sales taxes. that matter. It’s a matter of record. But in the Senate, Senator BAUCUS Section 203 of the budget resolution Last year the Republicans failed to has offered an amendment that will re- clearly provides a reserve fund for the pass a concurrent budget resolution. quire a vote before the year 2010 to extension of those tax cuts so long as They couldn’t get the two Houses to- renew those middle-income tax cuts the legislation complies with the House gether. that sunset in the year 2010. The Bau- pay-as-you-go rule. When we came back here in Novem- cus amendment limits these tax cuts to Now, the gentleman from Texas gets ber, we had to finish up the unfinished $180 billion in annual revenue reduc- up here and brags about the fiscal work. Only 2 of 11 appropriations bills tion, the amount of the surplus that is record of the Republicans in the Con- were passed, partly because they didn’t anticipated in 2012 in the budget reso- gress. Well, the American people, I have the framework of a budget resolu- lution. think, saw through the misplaced pri- tion in which to proceed. b 1615 orities of the Republican Congresses, as Just weeks ago, we had the Repub- evidenced by the results of the Novem- lican budget on the House floor. It fell In the meantime, let me say again, ber election. 60 votes short of a majority, way be- all the tax cuts passed in 2001 and 2003 But so there is no misunderstanding, hind. So unless we do what we are were provided for, allowed and in place let me make it very clear to everybody doing today, we are going to find our- under this budget resolution. It is com- who is watching. We need to correct selves shortly in the same situation we pletely specious to say that we have the fiscal course of the country because were last fall when the work was un- raised taxes by one dime. Completely the fiscal outlook that we are con- done at the end of the year. specious. fronting has deteriorated dramatically Both budgets, both the House and the If you don’t believe, let me say once over the past 6 years because of the Re- Senate budgets, have this goal. Both again or let me show you in writing publicans misplaced priorities. budgets are designed to bring the budg- what Mr. MCGOVERN just introduced. In 2001, the Bush administration inet back to balance by the year 2012. Here is the Concord Coalition. Nobody herited a projected 10-year budget sur- The House resolution carries forward, would dispute their bona fides or their plus of $5.6 trillion. That’s $5.6 trillion. I’m proud to say, carries forward our unpartisan character. Here is how they Within 2 years, that surplus was gone, commitment to pay-as-you-go. And the sum up their analysis of our budget and the United States began accumu- Senate resolution includes a pay-as- resolution: ‘‘Thus to be clear, the budg- lating an amount of national debt, add- you-go rule of its own. et resolution does not call for or re- ing $2.8 trillion to our Federal debt There are a number of initiatives, it’s quire a tax increase.’’ That is the Con- burden since 2001. true, in this bill. A number of new ini- cord Coalition.

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.000 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11430 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 7, 2007 Next is the Brookings Institution, I urge support for this resolution so The new Democrats want to tax and Hamilton Project: ‘‘This budget would that we can move forward with the spend. That’s what they’ve always been not raise taxes.’’ An independent budget process. about. That’s what they’re about on group, no axes to grind. That is their Mr. SESSIONS. Mr. Speaker, my the floor of the House of Representa- opinion. wonderful colleague from Massachu- tives today. And they’re trying to get And, finally, the Center on Budget setts is trying to have it both ways: it both ways. and Policy Priorities: ‘‘This claim is We’re going to balance the budget; Mr. Speaker, I would like to yield incorrect. The House plan does not in- we’re not going to cut taxes. We’re such time as he may consume to the clude a single tax increase.’’ going to balance the budget; we’re not ranking member from the Budget Com- going to cut taxes. But, in fact, what Those are three outside organizations mittee, the gentleman from Wisconsin happens is this budget relies on every with no axes to grind. They looked at (Mr. RYAN). single tax cut going away so that they our resolution. That is the judgment Mr. RYAN of Wisconsin. I thank the can then say they balance the budget, they rendered on it. gentleman for yielding, and I want to but the fact of the matter is that they Now, let me move on to say that both echo the point he made. do not even address the biggest issues Our chairman, the distinguished gen- the House and Senate budget resolu- and the problems that face the Nation. tleman from South Carolina, came to tions meet the President’s request for He is correct. The gentleman from the floor and accurately said both national defense. They protect our Massachusetts is correct. Republicans budgets, the Senate budget resolution country, and they exceed the Presi- did produce a balanced budget as a re- and the House-passed budget resolu- dent’s request for veterans’ health sult of cutting taxes and fiscal dis- tion, balance the budget. That is cor- care. Funding for veterans’ health care cipline in 1997, 1998, 1999, 2000. And in rect. They do. It is certified by the in our resolution is 6 billion bucks, $6 2001, the day America was attacked, we Congressional Budget Office. There is billion, above the 2007 level and more had a balanced budget. He is absolutely only one reason and way and method than $3 billion above the President’s correct. Since that time, we have not how they balance the budget, though, request. had a balanced budget. One million Mr. Speaker: by raising taxes. Both budgets are also designed to re- jobs were lost within 1 month after 9/11, The House-passed budget resolution duce the deficit and bring the budget 2001. And so as a result of that, Repub- relies upon, requires, in fact, makes back to balance, as I said earlier. That licans decided that in order for us to sure that it passes the largest tax in- will decrease our reliance on foreigners gain financial advantage, that we crease in American history in order to who buy our debt. Since 2001, foreign would have tax cuts. balance the budget. The Senate-passed It is true that, as a result of rules in ownership of Treasury bonds has more budget resolution relies upon, requires the Senate, the other body, that we than doubled to $2.2 trillion, making and ensures that the second largest tax could not make these tax cuts perma- our economy vulnerable to global mar- increase in American history be en- nent. It is also true that every single kets and the whims of foreign inves- acted on the American people, on the year since that period of time that Re- tors. American taxpayers, in order to publicans have asked Democrats, If I could see this chart next to show achieve balance. please make every single one of these you the total debt accumulation under I have two major concerns with this tax cuts permanent, well, that’s like this administration. On the back of an budget resolution, Mr. Speaker. Num- light to a vampire. Absolutely no, not envelope, this shows you what we are ber one, it is very bad economic policy. for the Democrats, because they’re op- about, what we want to avoid. When And number two, it is an enormous posed to the tax cuts. They’re on this administration came to office, the missed opportunity. record of opposing the tax cuts. And national debt was $5.7 trillion. In the Why is this budget resolution bad today they come to the floor, oh, we’re last 6 years, they have added 60 percent economic policy? Inflicting the largest not taking away any of the tax cuts. Of to that sum, $3.1 trillion in additional tax increase in American history on course they are. Because if they didn’t, debt. And as a consequence, the na- the American family, business, entre- they couldn’t then ‘‘balance the budg- tional debt stands at $8.8 trillion. This preneur, on American taxpayers, is bad et’’ that they have on the floor today. is what Republicans have produced. economic policy. And here is why: This isn’t about claiming or argu- That is exactly what they are doing. Second point, Social Security, as a Back in 2001, where we realized we had mentation or anything else. This is a result of our growing economy, every 9/11, and in 2003, where we realized we matter of record. You can look it up, single new worker that comes in, So- had a recession, with the dot-com bub- from $5.7 to $8.8 trillion. cial Security has to add to its deficit ble burst, with Enron scandals, we had Finally, this budget resolution main- the amount of money that is owed to job losses to the tune where we were tains the priorities that we Democrats Social Security every time we get a losing about 124,000 jobs a month. We stand for and are proud of. We put fam- new worker, and that is more than half had to act quickly to get people back ilies first. We put children first by in- of this deficit. It’s an accounting gim- to work, so we cut taxes across the vesting in health care; child care; edu- mick because what happens is that So- board. We cut taxes on entrepreneurs, cation; Head Start; and as I said ear- cial Security accounts for what they on families, on workers, on businesses, lier, tax relief to middle-income fami- have to have as an unfunded liability on capital. What happened: 7.6 million lies. Both budgets, both budgets, plan out for 50 years. new jobs were created since then. We huge steps, and this is one of the great So to talk about the irresponsibility, have been creating on average over initiatives we hope to achieve in this I will take part of the blame. But grow- 200,000 jobs a month since then. The Congress, huge steps to expand the ing this economy, having increased tax stock market turned around. The sav- State Children’s Health Insurance Pro- revenue, having the greatest single ings portfolios of senior citizens which gram so that it covers most of the 9 economy we have ever had, more peo- were eviscerated in the market crash million children without health insur- ple than ever living in homes, their came back. The Dow hit 13,000 last ance in this country, and we propose to own homes and our challenging the week, an all-time high. We saw busi- do that with offsets so that there will Democrat minority and now majority ness investment, from negative decline not be a dime of the cost of that added to say, why don’t we get on with the after negative decline for 11 consecu- to the bottom line. real things that are important like tive quarters, turn around and hit all- In summary, Mr. Speaker, in short, worrying about Medicare and Med- time highs. More jobs were created. this rule will make in order the steps icaid? Nothing. Why don’t we make And what happened at these lower tax necessary to send our budget resolu- sure that families do not have to pay rates? Revenues came into the Federal tion to conference so that they can after-tax dollars for health care? Si- Government at a much, much faster move us forward on a fiscally respon- lence. Silence from our Democrat ma- pace, at about a 25-year high. So we sible, fiscally disciplined path. jority. saw more revenues coming into the

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.000 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 11431 Federal Government, which actually House floor, they were permanent. time my children are my age, they will brought the deficit down at these lower They never had a sunset in them. What literally have to pay double the tax rates. happened? This arcane rule in the Sen- amount of taxes for that Federal Gov- What this budget resolution does is it ate called the Byrd rule was put in ernment at that time. puts that economic recovery plan in place. And the Byrd rule said for these Let me say it one other way, Mr. jeopardy. By raising taxes on people tax cuts to be permanent, it needs 60 Speaker. Since about 1960, Washington and businesses and entrepreneurs, you votes in the Senate. What happened? has funded the Federal Government by are reducing job growth in America. We had 52 Republicans voting to make taxing the U.S. economy by about 18 You are raising the cost of capital. them permanent; no Democrats would percent of the economy. About 18 per- We have a problem, Mr. Speaker, and vote to make these tax cuts perma- cent of the gross domestic product has that is we live in the era of nent. So the Democrats filibustered been required to pay for the Federal globalization. The oceans no longer making these tax cuts permanent, and Government. It’s been remarkably con- separate our economy from the rest of because of the Democrat filibuster in sistent. Now, if you take today’s gov- the world. Ninety-five percent of the the Senate, these tax cuts were made ernment, add no new programs, take world’s consumers don’t live in this temporary. The only way to get this none away, and transfer that out to country. They are overseas. tax relief to the American economy, to about 2040 when my kids are my age, So, Mr. Speaker, we have got to wake the American people, to get out of the just to keep today’s government afloat up. Wake up to the fact that we have job loss, to get out of the recession, at that time you will have to tax 40 real competitive pressures. Countries was this temporary tax policy because percent of GDP, 40 percent of the na- like China and India, let alone Japan of the Democrat-led filibuster by then tional economy just to pay for that and Europe, are giving us real competi- Senator Daschle at the time in the government because of three entitle- tive pressures, real competitive chal- Senate. That’s why there’s a sunset in ment programs. lenges. And when we go back to the old this law. You can’t compete with China and adage of taxing, taxing and taxing, We always kind of wondered at the India by taxing our economy at 40 percent, let alone Germany and Japan. what we are going to do is tax more time, why would they stand in the way You can’t prepare for globalization. and more jobs overseas to these other of the taxpayer and make these tax You can’t help people get careers for countries. By taxing our economy and cuts temporary? Why would they insist tomorrow and enjoy higher standards our businesses and our workers more upon these sunsets? Well, now we know of living if we don’t address our entitle- and more than our competitors tax why. Because it is how they balance theirs, you know what happens? They ments right now. the budget because they plan on, bank That is the biggest travesty of this get our jobs. That is a mistake. That is for, certify, require, rely on these tax bill, Mr. Speaker. This bill says we will wrong. cuts going away. do absolutely nothing, nada, zilch, America taxes capital more than any The second reason I think this is a nothing at all either in the Senate other industrialized country in the bad policy is it is an enormous missed budget resolution or the House budget world except for one, Japan, and they opportunity, Mr. Speaker. The gen- resolution to attack and reform enti- just finished two decades of recession. tleman from South Carolina, who real- tlement programs, to attack this prob- So it is really bad economic policy to ly is a gentleman from South Carolina, lem for 5 years. This budget says let’s have all these tax increases. and I mean that sincerely, had a lot of do nothing to fix our entitlement pro- You just heard the gentleman from good hearings in the Budget Com- grams for 5 years. That means we ac- Massachusetts talk about the reserve mittee. We have had a few in Ways and celerate and exacerbate the bank- funds they have in this budget. They Means as well. We had all these experts ruptcy of Social Security, of Medicare, really want to make sure that they coming to us from the left and from of Medicaid. How is that helping senior don’t raise these taxes. So they put a the right, from think tanks on the left citizens if we push these programs fast- reserve fund in the budget. And the reside of the aisle and think tanks on the er toward bankruptcy? I think that’s serve fund basically says, we don’t right side of the aisle, we had the Con- wrong. I think we need to fix these pro- want to raise these taxes; we would gressional Budget Office, the Federal grams so seniors can better rely on like to come up and pay for them, but Reserve Chairman, the Treasury De- these programs. our money is not there. partment coming to us, all saying the And you know what, Mr. Speaker? In A budget is basically a page full of same thing: Entitlements are growing Wisconsin we say this a lot, and I think numbers, and numbers don’t lie. The out of control. The entitlement pro- people say it around the country, and numbers in this budget require these gram problem is enormous. We are dou- prior generations always told this to taxes to go up, require these taxes to bling the amount of retirees in this me, my parents and my grandparents, sunset; otherwise, they don’t balance country within one generation; yet we they said, the thing about America, the budget. are only increasing the amount of what’s beautiful about America is that You can’t have it both ways. You workers coming in behind them by 17 one generation works hard and leaves can’t balance the budget on the left percent. to the next generation a country that’s hand and then say we are not raising b 1630 better off. The dream of parents is to taxes on the right hand. It is one or the leave your children with a country other. So regardless of how many We have an enormous unfunded li- that’s better off so you can enjoy a empty promise reserve funds you have ability, about $49 trillion. It’s a mind- higher standard of living. That is the in a budget resolution, the numbers boggling number. But when you take beautiful legacy of America. don’t lie, and the numbers say these three entitlements, Medicare, Medicaid Mr. Speaker, we are at risk of sev- taxes are being raised. and Social Security, those three enti- ering that legacy. If we don’t address Now, as to the point that the sunset tlements right there, Mr. Speaker, will these entitlements, if we simply go the was put in by the Republicans, not by consume 100 percent of the Federal old easy Washington route of simply the Democrats, and we are simply let- budget by the time my children are my raising taxes and raising spending and ting this Republican policy manifest age. doing nothing to address this entitle- itself, and we are budgeting for it, that So all these experts came to us and ment problem, we will really run the is not quite true, Mr. Speaker. And I said, Do something. You’re the Budget risk of severing that legacy and giving remember being a member of the Ways Committee, you’ve got to do something our children a lower standard of living and Means Committee and working on to control the growth of entitlements. than that which we enjoy today. the conference committee at this time. It’s going to bankrupt America. And if We have new competitive pressures When these tax cuts went through the we don’t do anything, if we keep the from other countries unlike any we Ways and Means Committee in the government we have today and do have seen before. Raising taxes on fam- House, when these tax cuts passed the nothing to reform entitlements, by the ilies and workers will not bring more

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.000 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11432 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 7, 2007 prosperity to America. It will give jobs There are more people today than 6 Mr. SPRATT. Those numbers are cor- to other countries. Doing nothing to years ago that need to rely on food rect, are they not? attack the entitlement problem in this stamps and other government pro- Mr. RYAN of Wisconsin. The Presi- country will only ensure that an un- grams just to get by. dent’s numbers on the 10-year? I think precedented mountain of debt is be- So these fiscal policies that have re- they are probably correct; I have no fallen onto our children and our grand- sulted in skyrocketing debt, that have reason to dispute them. But remember, children, and they are going to have to resulted in foreign countries like China Medicare spending goes up every year pay far higher taxes than any Amer- purchasing our debt, I don’t know how and thereon after under either of these ican has ever paid in the past. that serves our national interest, have budgets. This, Mr. Speaker, is why I say vote not produced this incredible economic Mr. SPRATT. Well, I can only sur- against this rule and vote against this boom that we’re hearing today. And I mise what happened to your budget budget resolution, which includes and would encourage my colleagues to look resolution. One reason it didn’t muster, relies on the largest tax increase in at the statistics, to look at the facts, besides the fact that you lost 40 votes, American history and the biggest to talk to some of the people who have as you recall, is I am sure there are missed opportunity by doing nothing gone from being in the middle class, certain Republicans on your side of the to reform entitlements over the next 5 who have now fallen below the poverty aisle who did not want to vote for years. line. There are far too many people those massive cuts emasculating Medi- This could have been a bipartisan op- that have done that, and what we are care and Medicaid. portunity to fix these problems. Sadly, trying to do is to make sure that there Mr. RYAN of Wisconsin. The ques- it’s not. is opportunity for everyone. tion I have for the chairman is, if we’re Mr. MCGOVERN. Mr. Speaker, just At this point, Mr. Speaker, I would not going to fix these entitlements in because my colleagues on the Repub- like to yield 5 minutes to the distin- the budget, then where are we going to lican side say that the Democratic guished chairman of the Budget Com- fix them? If we don’t put it in the Fed- budget raises taxes doesn’t mean it’s mittee, Mr. SPRATT. eral budget, then how do you get it true. Let me repeat that so no one Mr. SPRATT. I would say to my done? If you don’t have reconciliation misses this point. The budget resolu- friend, the gentleman from Wisconsin, protection to do entitlement reform, tion that we are talking about does not and I mean that compliment, I return then when are you ever going to do it? contain a single tax increase. That is a the compliment, that I nevertheless The 1997 bill that President Clinton fact. Sometimes facts are a stubborn vigorously disagree with some of the passed through on a bipartisan basis thing, but that is the fact. And the Re- points you just made. was reconciliation. publican spin machine can say what- Facts are stubborn things, and the Mr. SPRATT. If I could reclaim my ever it wants; but the fact of the mat- fact of the matter is that during the time, it takes a bigger forum than the ter is, and I repeat, this budget resolu- Clinton years, on average 237,000 jobs Budget Committee provides. It takes tion does not increase any taxes. were created every month over an 8- more participants than just the Con- Secondly, I appreciate the fact that year period of time. The Bush record is gress. Everybody has got to be a player the gentleman from Texas was waxing half that amount, if that. During the in this game to make it happen in a nostalgic about the Clinton years when past month, you’re leading with your significant way because it has got to President Bill Clinton was the Presi- left making that point at this point in involve, as you and I know, systemic dent of the United States and we were time because during the past month change. No question about it. getting our fiscal house in order. But job growth was just 88,000 jobs. And, finally, PAYGO. We are proud of what I was talking about was what Secondly, with respect to Medicare, the fact that we adopted the PAYGO happened when President Bush became we know that Medicare has to be dealt rule in 1991, and it contributed signifi- President and we had Republicans in with, but you know as well as I that cantly to the fact that over a period of the White House and in the Congress, this is not the forum. We need a much 8 years during the Clinton administra- and that is when we saw the sky- bigger group. We need the administration the bottom line of the budget got rocketing of our Federal debt. tion involved in the process. It is a better every year for 8 straight years You know, budgets do reflect the pri- very difficult undertaking to make the to the point where we had a surplus of orities of a nation. And one of the rea- systemic changes that are necessary. $236 billion under the Clinton adminis- sons that I think people decided to vote And before we commence those nego- tration resulting in part from the Bal- for change in the last election is be- tiations, we need to do what President anced Budget Act of 1993 and 1997. $236 cause they did not appreciate the prior- Clinton required in 1997, everybody billion we handed over to President ities that were put forth by the pre- needs to put some ante on the table. Bush. By the year 2004, between 2001 vious Republican Congresses. They did Everybody’s got to have some skin in and 2004, we went from a surplus of $236 not appreciate our veterans being this game to be a player in this process billion to a deficit of $412 billion. That shortchanged; they did not appreciate of trying to diminish the cost of the happened on your watch. The Repub- the most vulnerable in our country health care entitlements to the United licans controlled the House, they con- being shortchanged. If anyone has any States. It has to be done, but this is trolled the Senate, they controlled the questions about whether or not we not the correct forum for doing it. White House. There is no way you can were adequately funding veterans The gentleman’s budget resolution, I escape responsibility for what hap- health, just recall the recent scandals believe, cuts Medicare by $250 billion. pened in those circumstances. of Walter Reed and at so many other of Mr. RYAN of Wisconsin. Mr. Speaker, Mr. RYAN of Wisconsin. Will the our veteran hospitals all across the will the gentleman yield? chairman yield for an additional ques- country. You know, we voted in this Mr. SPRATT. I yield to the gen- tion? Congress to send our young men and tleman from Wisconsin. Mr. SPRATT. I yield to the gen- women into war. The least we can do is Mr. RYAN of Wisconsin. No. It in- tleman. to make sure that the necessary fund- creased Medicare spending. It just Mr. RYAN of Wisconsin. Why doesn’t ing is there to take care of them when didn’t increase it as fast as it is pro- the gentleman’s PAYGO apply to dis- they return, and the Democratic budg- jected to grow at this time. cretionary spending? Why doesn’t the et does that. Mr. SPRATT. Well, the President’s gentleman’s PAYGO apply to current Let me also say for the record, Mr. budget cut Medicare by $252 billion Federal spending? Speaker, that notwithstanding all of over a 10-year period of time and cut Mr. SPRATT. PAYGO is never ap- the flowery language that we’ve heard Medicaid by 50 to $60 billion over the plied to discretionary spending. It from the other side, it is important to same 10-year period of time. would be very difficult at this time to remember that in the last 6 years pov- Mr. RYAN of Wisconsin. Will the gen- do it when every year we have an end erty has gotten worse in America. tleman yield for a question? run around discretionary budget with

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.000 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 11433 the President’s supplementals for Iraq ranking member from Wisconsin. He How many American families will not and Afghanistan. It would be very dif- conducts our committee in a very fair- be able to find their American dream, ficult to cap discretionary. minded manner, and I appreciate and to put together their savings and in- Your party, on its watch, allowed respect him for that. And I take him at vest in that first small business be- PAYGO discretionary spending caps, his word when he says that he believes cause the Democrats are imposing the all of those constraints in 1990, to ex- that he is putting forth on this floor a single largest tax increase in American pire and did not renew them. The main fiscally responsible budget. But, Mr. history? How many families will no reason you didn’t was you knew if we Speaker, there is a distinct difference longer be able to afford their had a double-edge PAYGO applicable to in our philosophies. How you look the healthcare premiums because the tax cuts as well as mandatory in- American people in the eye and impose Democrats are imposing the single creases, you would be unable to pass upon them the single largest tax in- largest tax increase in American his- additional tax cuts as part of your crease in American history and call tory? $2,700 a year. agenda. that fiscally responsible is simply be- First, the working poor under this Mr. RYAN of Wisconsin. May I make yond me. Our chairman has a different plan would have their taxes increased an entreaty to the chairman? definition. 50 percent, from the 10 percent bracket Mr. SPRATT. Yes, sir. Now, I believe that what we need to to the 15 percent bracket. The child tax Mr. RYAN of Wisconsin. I would love do is try to help protect the family credit would be cut in half. The death to work on a bipartisan basis to put budget from the Federal budget. Al- tax would come up to where Uncle Sam discretionary caps in place. I would be ready, Mr. Speaker, we are awash in could take as much as 55 percent of delighted to work with the chairman of Federal tax revenues. And we’ve heard your estate. the Budget Committee to put discre- the gentleman from South Carolina Mr. Speaker, as bad as this budget is tionary spending caps in place. Is that and many other people from this side for what it does, it is even worse for something that you would be willing to of the aisle extol the virtues of their what it doesn’t do, because I know the work with us on? balanced budget. Okay. If they have a chairman presided over the hearings Mr. SPRATT. We’ll talk about it. If balanced budget, did they cut spending that I attended with the Federal Re- we’ve got a forum, the Budget Com- to get there? No. There is only one serve Chairman, with the head of OMB, mittee, once we’ve got this budget res- other option, and that is that they in- with the Secretary of the Treasury, olution behind us, and that is the order crease taxes. with CBO, who all said the same thing: of the day, there are lots of things And don’t take my word for it, Mr. The single largest fiscal challenge in along those lines that we can explore, Speaker. Go, for example, to the Wash- this Nation is out of control entitle- and we will. ington Post, not exactly a bastion of ment spending, and this budget is Let me conclude by saying everybody conservative thought in our Nation. stone-cold silent on that number one should vote for this budget resolution They have said that the only way the challenge. if they want to see an orderly, fiscally Democrat budget will achieve balance As bad as the tax imposition is going responsible, disciplined process in the is they assume the tax relief goes to be on this generation, if we don’t next fiscal year. away, and thus it imposes the single act, if we kick the can down the road, Mr. SESSIONS. Mr. Speaker, I would largest tax increase in American his- if we avoid leadership, the next genera- like to take just a second and highlight tory. tion will see their taxes double. There the admiration that this House has for Now, I have heard our chairman and is nothing fiscally responsible about the two gentlemen who have just been other people from this side of the aisle, doubling taxes on the next generation, speaking. The gentleman, Mr. SPRATT, different colleagues get up and say, nothing fiscally responsible about tak- and the gentleman, Mr. RYAN, have well, we’re not really raising taxes on ing their dreams away. conducted themselves despite tough the American people, we’re just letting Mr. Speaker, we must defeat this rule differences, and I applaud both of them, the tax relief expire. and defeat this budget. Again, Mr. in particular my good friend from Speaker, I don’t understand why you b 1645 South Carolina (Mr. SPRATT) for the would avoid dealing with the number conduct that he has on this floor. But if you make the same paycheck one fiscal challenge in the Nation. Now back to the real issues. last year that you made this year and I know the chairman, the gentleman Mr. Speaker, the bottom line is the your tax bill is higher, that is going to from South Carolina, said this isn’t the Republican minority is here on the be a distinction that is lost on the place to do it. Well, I will ask a ques- floor of the House today opposing this American people. tion that was asked by a very famous bill. We are opposing this resolution Is it letting tax relief expire if it is a President: If not us, who? If not now, because we do not believe that this tax increase? I have to tell you, if the when? properly talks about the future of this people in the Fifth Congressional Dis- I am curious as to what advantage we country for entitlement spending, rais- trict of Texas have to pay a larger tax have by somehow kicking this can ing taxes and not being responsible for bill, they call it a tax increase, and the down the road to some other body or to the future opportunity for America to sooner that we in this body recognize some other bill or to some other insti- compete. that fact, the better off America will tution. At least in the last two Repub- So we, once again, continue our oppo- be. Under the Democrat’s budget reso- lican Congresses, we had two budgets sition to the process that is happening lution, the average family, the average in a row from the House, from the today, as well as the underlying legis- family in Texas will have a $2,700 a House, that actually made steps to- lation. year tax increased phased in over 5 ward reforming entitlement spending. At this time, Mr. Speaker, I would years. Now, it is a huge challenge, I admit, like to yield 5 minutes to the gen- Something else we need to remem- but every year we avoid it. In Social tleman from the Fifth Congressional ber, Mr. Speaker, is that every time Security alone, we run up an extra $400 District of Texas (Mr. HENSARLING). you are taking money away from the billion of debt, of unfunded obligations Mr. HENSARLING. I thank the gen- American family to plus-up some Fed- to pass on to the next generation. And tleman for yielding. eral budget category, you are having to yet the Democrats turn their back on Mr. Speaker, I rise today in opposi- subtract from some family budget cat- this once again. That is another reason tion to this rule and to this underlying egory; $2,700 a year is a lot of money to to defeat this. resolution. Texas families. How many families can Mr. MCGOVERN. Mr. Speaker, let me I have listened to my chairman care- no longer send a child to college be- just repeat for the record that section fully, the gentleman from South Caro- cause of the single largest tax increase 401 of the budget resolution commits lina, and I wish to add my respect in American history that the Demo- the budget to support the middle-class along with that of the gentleman, crats are trying to impose upon us? income tax cuts passed in 2001 and 2003,

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.000 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11434 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 7, 2007 including the child tax credit, mar- there is a reason why the Republicans SEC. 2. ENHANCED USE LEASE FOR SEPULVEDA AMBULATORY CARE CENTER, DE- riage penalty relief, the 10 percent in- lost the last election, and that is that PARTMENT OF VETERANS AFFAIRS. dividual income tax bracket, estate tax the people of this country were fed up (a) REQUIREMENTS FOR LEASE.—The Sec- reform, research and development tax with their priorities. They were tired retary of Veterans Affairs may enter into an credit, and the deduction of State and of budget resolution after budget reso- enhanced-use lease under section 8162 of title local sales taxes. lution that shortchanged our veterans, 38, United States Code, at the Department Section 203 of the budget resolution that shortchanged our schools, that facility known as the Sepulveda Ambulatory clearly provides a reserve fund for the shortchanged our environment, that Care Center (in this Act referred to as the extension of those tax cuts so long as ‘‘Center’’), for a homeless housing project, shortchanged our senior citizens, that only to the extent, subject to the exceptions the legislation complies with the House shortchanged health care. provided in subsection (d), that any such pay-as-you-go rule. As I pointed out earlier, Mr. Speaker, lease contains legally enforceable provisions I would simply say to my colleagues there are more people in poverty today that the tenant under the lease shall comply that under their watch, that many than 6 years ago. There are more peo- with the following terms and conditions: middle-class taxpayers actually saw ple who are food insecure today than 6 (1) That the housing project located at the their taxes go up, because when the years ago. That is not a record of ac- Center shall provide housing exclusively for Federal Government cut essential pro- complishment that I would want to veterans, as defined in section 101 of title 38, grams to States and cities and towns, United States Code. brag about on the House floor. (2) That such housing project shall be people saw their property taxes go The budget that Mr. SPRATT has maintained, for the duration of the lease, as through the roof. brought before us achieves key objec- a sober living facility. I think one can make an argument tives in six areas. It is fiscal responsi- (3) That the housing project shall be ade- that people are paying far too high gas bility, defending our Nation, putting quately staffed with health care, counseling, prices right now because of the years our children and families first, growing and security personnel, taking into account that were squandered under the Repub- our economy, preserving our planet, the ratio of such staff to residents, in order lican leadership, emboldened to the oil and promoting an accountable and effi- to protect residents of the housing project industry and refusing to invest ade- cient government. and of the community, and that the min- quately in alternative sources of en- Mr. Speaker, we have inherited this imum staffing ratios shall be specified in an enforceable provision of the lease. ergy. incredible budget deficit and this debt (4) That the housing project shall provide Mr. Speaker, I would simply say that from the previous majority. It is not housing to not fewer than 150 and not more this is a good budget, and I would urge easy to try to clean up this mess, but than 225 residents. my colleagues on both sides of the aisle that is what the underlying budget be- (b) CONSIDERATION OF QUALIFIED ORGANIZA- to support the rule and support the fore us tries to do. TIONS.—The Secretary shall consider pro- budget. I would urge all my colleagues to posals for the enhanced-use lease under sub- Mr. Speaker, if I could inquire how vote for it. It is the right thing to do. section (a) from all organizations determined much time is remaining. Mr. Speaker, I yield back the balance by the Secretary to be qualified, and which are capable and willing to comply with the The SPEAKER pro tempore. The gen- of my time, and I move the previous terms and conditions described in paragraphs 1 tleman from Massachusetts has 7 ⁄2 question on the resolution. (1), (2), (3), and (4) of subsection (a). minutes remaining. The gentleman The previous question was ordered. (c) SELECTION OF ORGANIZATION.—In the from Texas has 1 minute remaining. The SPEAKER pro tempore. The event that there are more than one qualified Mr. MCGOVERN. Mr. Speaker, I re- question is on the resolution. organizations described in subsection (b) serve the balance of my time. The question was taken; and the which submit a proposal, the Secretary shall Mr. SESSIONS. Mr. Speaker, we are Speaker pro tempore announced that enter into the enhanced-use lease under sub- opposed to this bill. The first thing this the ayes appeared to have it. section (a) with the organization that the Mr. SESSIONS. Mr. Speaker, on that Secretary determines shall offer the best is going to do is provide for higher treatment services, security staffing, and su- taxes, $392 billion worth of new taxes I demand the yeas and nays. pervision with respect to residents of the between now and 2012. Secondly, this The yeas and nays were ordered. housing project. The Secretary shall give budget outspends inflation. It out- The SPEAKER pro tempore. Pursu- preference to entering into such a lease with spends inflation moving forward that ant to clause 8 of rule XX, further pro- a qualified organization which has the most will increase higher than the average ceedings on this question are post- experience nationwide in providing housing poned. and treatment for homeless veterans. of 2.4 percent. It is reckless entitle- (d) EXCEPTIONS.—If the Secretary, after a ment spending increases. It is either f diligent search, is unable to enter into an en- empty promises or tax increases that HOMELESS VETERANS HOUSING hanced-use lease with a qualified organiza- they have. AT SEPULVEDA AMBULATORY tion containing all of the terms and condi- Mr. Speaker, lastly, it is very obvi- CARE CENTER PROMOTION ACT tions specified in subsection (a) on or before ous that there is no entitlement reform a date that is 12 months after the date of the Mr. FILNER. Mr. Speaker, I move to that will take place. They had a 5-year enactment of this Act, the Secretary— suspend the rules and pass the bill (1) may enter into such a lease with a budget to do it. They had 5 years to (H.R. 1642) to direct the Secretary of qualified organization providing that the look out and say, we are going to Veterans Affairs to ensure that, to the housing project shall be exclusively for vet- match our Republican colleagues. It is extent possible, an enhanced-use lease erans during the duration of the lease, with now our chance, because the Repub- for a homeless housing project at the preference given to an organization which licans tried and got no support from housing project shall provide housing to the Department of Veterans Affairs facility the Democrats for the last 12 years to highest number of residents not exceeding known as the Sepulveda Ambulatory make sure we could do entitlement re- 225; and Care Center, located in North Hills, form. Now it is their turn. Nothing. (2) if, after a diligent search, the Secretary California, shall provide that such is unable to enter into such a lease with a Nada. They are ignoring the future. housing project shall be maintained as qualified organization that provides that the This is a bad precedent. a sober living facility for veterans housing project shall be exclusively for vet- We know that the Democratic party erans during the duration of the lease, may is about taxing and spending. It is obvi- only, and for other purposes. The Clerk read the title of the bill. enter into such a lease with an organization ous. It is there today. We will let them The text of the bill is as follows: providing that not less than 80 percent of the vote for the tax increases. We will con- residents of the housing project shall be vet- H.R. 1642 tinue on the Republican side to make erans throughout the duration of the lease. Be it enacted by the Senate and House of Rep- sure that we are for growing the econ- resentatives of the United States of America in The SPEAKER pro tempore (Mr. omy and cutting taxes. Congress assembled, BAIRD). Pursuant to the rule, the gen- Mr. Speaker, I yield back the balance SECTION 1. SHORT TITLE. tleman from California (Mr. FILNER) of my time. This Act may be cited as the ‘‘Homeless and the gentlewoman from Florida (Ms. Mr. MCGOVERN. Mr. Speaker, in Veterans Housing at Sepulveda Ambulatory GINNY BROWN-WAITE) each will control closing, let me just say that I think Care Center Promotion Act’’. 20 minutes.

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.000 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 11435 The Chair recognizes the gentleman cover from addictions to drugs and al- March 8, 2007, sent a letter to the New from California. cohol, but putting them in a facility Directions administration that would Mr. FILNER. Mr. Speaker, I yield that allows the very thing from which operate the housing under a dry-hous- myself such time as I may consume. they are trying to recover? It does not ing model whereby the residents would Mr. Speaker, I rise in strong support make any sense. agree not to use alcohol or intoxicating of H.R. 2642. We all know that home- This bill does not stop the Secretary drugs. With more than 20,000 homeless lessness among veterans is a pervasive of the VA from entering into a lease, veterans in that area, it was antici- problem. Estimates are that there are but it does ensure that the Secretary pated that all of the beds could be 20,000 to 30,000 homeless veterans in the conduct a diligent search to find a filled entirely with veterans. Los Angeles area alone and more than qualified organization with the experi- Mr. Speaker, here is my concern: the 200,000 probably on the streets of our ence, efficiency and funding sources to Congressional Budget Office in their entire Nation. Many of these homeless deliver a veterans-only, sober living fa- April 30, 2007 cost estimate for this bill veterans also have substance abuse cility and to enter into a lease with the stated: ‘‘VA is currently in the process problems. organization best suited to deliver the of finalizing an enhanced-use lease for My colleague and friend, Congress- projects. the Sepulveda facility with a nonprofit man BRAD SHERMAN, has worked with Mr. Speaker, I urge my colleagues to organization, New Directions. However, veterans in the San Fernando Valley support passage of H.R. 1642. I also ask New Directions cannot reach the speci- community to mobilize community for their continued support for our Na- fied conditions in this bill. Based on in- support for veterans-only housing, a tion’s veterans. This bill is the least we formation from VA, CBO expects that project that will use two buildings at can do to help ensure our homeless and under the bill, the Department would the VA Sepulveda complex to provide recovering veterans have an environ- be required to break off arrangements housing and supportive services for ment that allows them to reach their with New Directions and search for homeless veterans with substance goal, clean and sober. qualified organizations, a process that abuse problems. Mr. Speaker, I reserve the balance of could take a few years.’’ The bill before you will ensure that my time. New Directions has agreed to operate the Sepulveda veterans facilities and b 1700 under a dry-housing model, and there resources are used for veterans only. It is certainly a sufficiently large vet- Ms. GINNY BROWN-WAITE of Flor- erans homeless population in the area also provides that all qualified housing ida. Mr. Speaker, I yield myself such organizations receive the opportunity to virtually guarantee that the facility time as I may consume. will be occupied entirely with veterans. to compete for the homeless veterans Mr. Speaker, while I do not oppose Yet my colleagues wish to impose this housing project at Sepulveda. Most im- H.R. 1642, the Homeless Housing at Se- legislation which would significantly portantly, this bill directs the Sec- pulveda Ambulatory Care Center Pro- retary of Veterans Affairs to ensure delay the project. motion Act, I do have some concerns Mr. Speaker, I understand why the that, to the extent possible, an en- about the bill. hanced use lease for a homeless hous- local community would want this legis- This legislation would require that lation. However, H.R. 1642 does not ad- ing project at Sepulveda shall be main- the enhanced-use lease for a homeless dress what happens to the hundreds of tained as a sober living facility for vet- veterans housing project at the Sepul- homeless veterans in the north Los An- erans only with adequate staffing and veda VA Outpatient Clinic provide geles area who would have been helped security. sober-living housing exclusively for by this facility while they wait several Additionally, this bill will ensure veterans. The bill also mandates that years for the VA to begin this process that all qualified housing organizations the housing project be adequately to enter into a new lease. receive the opportunity to present staffed and provide for not fewer than With the passage of this legislation, competing proposals to the VA for a 150, nor more than 250, residents. are these homeless veterans still on the homeless veterans project at the Sepul- At first glance, this sounds like a street waiting for a lease with better veda Ambulatory Care Center in North reasonable requirement. In fact, it is terms? That’s the question that the Hills, California. my understanding that the original American public deserves an answer to. Mr. Speaker, two worthy and good lease proposal by New Directions, I would hope that this body can be of- nonprofit organizations, New Direc- which received the support of the local fered some assurances that temporary tions, Incorporated, and their partner, community leaders, contained a vet- provision will be made for the many A Community of Friends, made a pro- erans-only facility with a sober-living homeless veterans during this hope- posal to local VA administrators and campus. However, when New Directions fully brief period of delay while a new local elected officials and community sought additional funding through the lease is negotiated. Then, Mr. Speaker, representatives to enter into this lease Housing and Urban Development Agen- I would be more comfortable in sup- with the VA for a veterans-only hous- cy, HUD, due to Federal HUD’s govern- porting this bill. ing project for recovering substance ance requirements, they could no Mr. Speaker, I reserve the balance of abusers that would in fact be alcohol- longer stipulate in the contract that my time. free and would have adequate staffing the facility would be a veterans-only Mr. FILNER. Mr. Speaker, I yield and security. All the parties that were ‘‘with no alcohol on the premises’’ fa- myself 1 minute. brought together by Mr. SHERMAN cility. Mr. Speaker, I appreciate the con- agreed to these commitments. New Directions is a residential sub- cerns that the gentlewoman from Flor- But just last summer, the nonprofits stance abuse and mental health treat- ida (Ms. GINNY BROWN-WAITE) raised. I abandoned that proposal and sought ment program created by a Vietnam think the concern should be directed to enhanced-use lease to deliver a project veteran and former homeless veteran the VA Secretary who, if he had asked that was substantially different than John Keaveney. Since 1991, New Direc- for a competition on proposals, what everyone had agreed to earlier. tions has been working in conjunction wouldn’t be negotiating with just one They took these steps after discovering with other service providers and the group. additional funding sources through Department of Veterans Affairs to help I personally have talked to groups Housing and Urban Development that assist homeless veterans. In 1994, New that say they would offer proposals it believes might be available for this Directions became the first social serv- which would guarantee all veterans project if it opens these facilities to ices agency in the country to provide and would guarantee sober living, and residency by non-veterans and allows temporary housing and services to we are convinced it would not take 2 the use of alcohol. homeless female veterans as well as years, but could be done rather quick- Mr. Speaker, how can you begin to family members of veterans. ly. help homeless veterans who are trying To address these issues, Secretary of I think Congressman SHERMAN can to get their lives together, trying to re- Veterans Affairs, James Nicholson, on answer with much greater expertise

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.001 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11436 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 7, 2007 and I would yield to him such time as er not have to provide any particular cept for the reason that that opens up he may consume. level of funding. funding sources that they otherwise Mr. SHERMAN. Mr. Speaker, I would They had come to us and said the don’t have. like to thank the House for taking the program would be veterans only and Instead, they focus on two other time and focusing on an issue that is would be alcohol free. But then they issues. The first is they say legal coun- relevant to just one district, namely discovered that certain sources of sel has advised us that restricting the mine, a facility that is in my district. funds would be available to them only project to veterans only would expose I would like to thank the chairman if it was for general public housing; and us to legal liability. That is their of the committee for coming out to my that in order to get certain sources of phony argument for not having it vet- district and for meeting with veterans funding from HUD, they would have to erans-only. Why is it phony? I used to and for meeting with those who run the open it up to non-veterans and they be a lawyer. I could have advised any VA in our area and for understanding would have to allow alcohol because in client who paid me that they would this issue so well; and for meeting with a general housing facility open to all face legal liability if they scratched the one developer who opposes this bill. types of homeless people, you don’t their nose. The fact is while anybody And I want to thank the gentlelady turn to every homeless person and say, can get sued for anything, any activ- from Florida for taking her time to We will give you a roof, but you can’t ity, including breathing, can subject study an issue that after all just re- have a beer. you to theoretical legal liability, all lates to one district and one facility. So they had to change the proposal over this country we have veterans- Now, let me tell you why we are here. from a design to treat homeless vet- only housing. We have a dozen projects It is a story that I can relate briefly. erans’ abuse problems in the best way in L.A. County alone. A developer came to our community possible, to one that was a general pro- And while you can always find a law- and said they would like to provide posal. And VA headquarters decided yer to say something could subject you housing for 150 homeless veterans with they had already had so many discus- to possible legal liability, none of these substance abuse problems in our subur- sions, it was easier for them, they hundreds of veterans-only housing fa- ban neighborhood. You can imagine in wanted their statistics to look good, cilities has been sued. some communities those who believe in they wanted to cut the ribbon on a fa- What is the real reason? They say we NIMBY-ism, ‘‘not in my backyard,’’ cility, that they would just go down have located funding sources that will would have said, oh, take care of vet- the road and provide a 75-year, rent- not allow veterans only. That happens erans, but not here. I am proud of my free lease on valuable land in valuable to be true. The Salvation Army and community. buildings in the City of Los Angeles to U.S. Vets, I am convinced and they are I had countless meetings. Yes, there this developer, allow non-veterans, convinced, can find the funding sources were a few naysayers. But finally after allow alcohol use, not require any that will allow for veterans-only many meetings, the community was staffing ratios. projects. But this New Directions clear, we want to help this project. We Now, what does my bill provide? It group has found only the wrong fund- want to help veterans, particularly says to the VA: have an open process; ing sources. those that are homeless and suffering allow the Salvation Army to submit a It is true there are many properly from substance abuse problems. We as proposal; allow U.S. Vets to submit a funded veterans-only clean and sober community organizations want to vol- proposal; allow the groups that met housing facilities across this country, unteer, our veterans organizations with the chairman in my district to but it is harder to do that kind of want to send people, our employers submit proposals; and do your best to project than to do a project that can want to provide jobs, all so homeless get a facility that is veterans only; accept funding from those sources dedi- veterans can get the help they need not that has adequate staffing ratios guar- cated to general public use. only with housing but with substance anteed; and that provides the alcohol- abuse problems. free therapeutic environment these This may be an issue we in Congress What we got in return was a clear veterans need. Do it in less than a want to look at. We may want to make statement of three principles: that the year, says the bill. And if for some rea- it easier to have veterans housing in facility would be for veterans only; son you can’t find some qualified orga- this country, to allow veterans-only that there would be adequate staffing nization to submit a qualified proposal, projects that are alcohol-free to com- ratios set forth in the lease so that as then go forward. Do your best for vet- pete for the HUD money from par- long as the lease would run, we would erans, but go forward, because we don’t ticular programs, but that is a national know that it was adequately staffed; want to delay the use of these build- issue. The local issue is that many or- and, finally, that the facility be clean ings to provide care for veterans for ganizations can do it right and can get and sober because it was designed for any significant amount of time. their funding from sources that want homeless veterans with substance I am confident that if the VA opens to fund veterans-only clean and sober abuse problems. We wanted to provide its process that these groups who have facilities. the special environment these veterans met with me and who have met with Now this organization has given me need to recover. the chairman will come forward. an oral promise that at least initially And we assumed that once we as a Now, I have recently seen a letter they will only have veterans living community urged the VA to go forward that is issued by the one organization there; but it is a 75-year, rent free, no- with a program, they would open it up that does not want an open process. competitive bidding contract; and we to a variety of organizations and say They would rather just go ahead and will have no assurance that within we’ve got two empty buildings right sign a lease. Keep in mind the four years this project will not include both here in the City of Los Angeles in the issues: staffing; alcohol prohibited; vet- veterans and non-veterans. North Hills community; come and give erans only; competitive bidding. This is of such importance to vet- us your proposals. Instead, something This comprehensive and long-letter erans of L.A. County because there is else happened. response doesn’t deal with the staffing valuable land owned by the VA in my First, for reasons I do not under- issues because there is no reason to district, and even more valuable in an stand, the VA decided to spend a lot of sign a 75-year, no-rent lease without adjoining district, and every group time just focused on one developer. the VA at least putting in there you with a good cause comes and says, Let Second, that developer, who had prom- will have so much staff. This long re- us use this land for a non-veterans ised our community, and these prom- sponse does not deal with the issue of project. Sell this land and give us the ises were reduced to writing, that the alcohol use because there is no reason money and we will help people some- program would have guaranteed staff- that an organization that wants to help where. ing ratios, decided to back out of that homeless veterans with substance But the veterans of L.A. County are promise, decided that they would rath- abuse problems would allow alcohol ex- very clear.

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.001 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 11437 b 1715 using its facilities, and it is a great op- National Collegiate Athletic Association Hockey Championship in 21 years; Ms. GINNY BROWN-WAITE of Flor- portunity for anybody who wants to help this issue. Whereas the members of the Michigan ida. Mr. Speaker, will the gentleman State University 2007 hockey team include yield? So I thank the gentleman and I Jeff Lerg, Chris Snavely, Ethan Graham, Mr. SHERMAN. I yield to the gentle- thank the gentlewoman. Brandon Gentile, Brandon Warner, Justin woman from Florida. Ms. JACKSON-LEE of Texas. Mr. Speaker, Abdelkader, Tim Kennedy, Bryan Lerg, Ryan Ms. GINNY BROWN-WAITE of Flor- I rise in support of H.R. 1642, the ‘‘Homeless Turek, Zak McClellan, Jeff Dunne, Tyler ida. Mr. Speaker, first of all, I want to Veterans Housing at Sepulveda Ambulatory Howells, Jay Sprague, Chris Mueller, Chris commend you for working with the Care Center Promotion Act.’’ Lawrence, Nick Sucharski, Matt Schepke, America’s veterans have risked their lives Jim McKenzie, Kurt Kivisto, Daniel Sturges, community to establish a homeless Daniel Vukovic, Steve Mnich, Bobby Jarosz, shelter. Having been a county commis- for their country. They deserve the best treat- Tim Crowder, Justin Johnston, and Michael sioner, I know how heated those public ment and support that we can offer them. De- Ratchuk; hearings can be when people think that spite this, homelessness remains a pervasive Whereas Head Coach Rick Comley and As- there is going to be a homeless shelter problem among veterans, with many homeless sistant Coaches Tom Newton, Brian Renfrew, anywhere in the county, let alone any- veterans also fighting substance abuse prob- and Rob Woodward are to be commended for where near their particular residence lems. It is our responsibility, as our Nation’s outstanding coaching throughout the 2007 or business. leaders, to work to ensure they receive the as- season; sistance they need. Whereas the Spartans won the champion- Having a homeless shelter for vet- ship game by coming from behind to score 3 erans only is a very, very laudable This bill is an important step toward that goals in a stunning third-period upset; goal, and there is a camaraderie there goal. The Sepulveda Ambulatory Care Center, Whereas the Spartans succeeded not only that I understand where you are going located in Los Angeles’ San Fernando Valley, because of the skills of talented individual with that. exists to provide care to veterans. It is cur- players but because those players worked so My question is, do you have any idea rently the major outpatient facility for the 1.4 well together as a team; how long it would take to go out to million veterans living in northern Los Angeles. Whereas in the championship game, the competitive bid? And also, as you know The Center falls under the purview of the De- Spartans beat Boston College, a team that and when you were practicing law you partment of Veterans Affairs, and includes had won 13 straight games, featured 12 Na- tional Hockey League draft picks, and had may have participated in this, the un- education and research facilities, in addition to played in the 2006 NCAA championship game successful bidders very often can drag comprehensive ambulatory care. This facility as well; it on ad nauseam because they did not serves a vital role for the region’s veterans. Whereas Spartan head coach Rick Comley get the bid. Do you have any estimate This bill would direct the Secretary of Vet- has now won 3 national hockey champion- of how long this process would take, erans Affairs to maintain a homeless housing ships (one with the NAIA and 2 with the because I think our goals are mutual of project at the Sepulveda Center as a sober liv- NCAA) with 3 different Michigan univer- having a facility there for veterans? ing facility for veterans only. H.R. 1642 also sities: Lake Superior State University, Mr. SHERMAN. I am convinced the requires that this housing project be provided Northern Michigan University, and Michigan State University; goal could be done in months. The bill with adequate staffing and security. Whereas when the Spartans last won a na- does not provide for a super technical This legislation is a necessary step in ensur- tional hockey championship, they were process. It simply says invite other ing that our veterans receive the support that coached by Ron Mason, who continues to groups under this bill to provide com- they need. I strongly support this resolution, serve Michigan State University as the petitive bids, and it provides an abso- and I urge my colleagues to do the same. school’s Athletic Director and who in fact lute limit of 1 year. So this is a short- Mr. FILNER. Mr. Speaker, I yield hired Coach Comley as his replacement; term process. back the balance of my time. Whereas Michigan State University and We already have other groups think- The SPEAKER pro tempore (Mr. the East Lansing community honored the ing about making proposals. They are Spartans upon their return in a manner be- BAIRD). The question is on the motion fitting of champions; and reluctant to make proposals until they offered by the gentleman from Cali- Whereas Michigan State University stu- are asked for it. fornia (Mr. FILNER) that the House sus- dents, faculty, alumni, and all Michigan Ms. GINNY BROWN-WAITE of Flor- pend the rules and pass the bill, H.R. State fans are deeply committed to bringing ida. I thank the gentleman for the re- 1642. pride to Michigan State University and to sponse. The question was taken; and (two- the entire state of Michigan: Now, therefore, Mr. SHERMAN. So what this bill thirds being in the affirmative) the be it Resolved, That the House of Representa- does is it opens the process to competi- rules were suspended and the bill was tive proposals. It allows other groups tives— passed. (1) commends the Michigan State Univer- like U.S. Vets and the Salvation Army A motion to reconsider was laid on sity Spartans for their victory in the 2007 to submit proposals. It urges the VA to the table. NCAA Hockey Championship; try to create what we always wanted to f (2) recognizes the achievements of the create—veterans-only, staffing ratios, players, coaches, students, and staff whose alcohol-free, and it gives them 1 year COMMENDING THE MICHIGAN hard work and dedication helped Michigan to do this. I hope they will act much, STATE UNIVERSITY SPARTANS State University win the championship; and much more quickly, and I will push FOR THEIR VICTORY IN THE 2007 (3) directs the Clerk of the House of Rep- those other groups to submit their pro- NCAA HOCKEY CHAMPIONSHIP resentatives to transmit a copy of this resolution to Michigan State University Presi- posals very quickly. Mr. ALTMIRE. Mr. Speaker, I move dent Lou Anna Simon, hockey Head Coach Speaking of quickly, I should end to suspend the rules and agree to the Rick Comley, and Athletic Director Ron this speech quickly. resolution (H. Res. 325) commending Mason for appropriate display. Ms. GINNY BROWN-WAITE of Flor- the Michigan State University Spar- The SPEAKER pro tempore. Pursu- ida. Mr. Speaker, I yield back the bal- tans for their victory in the 2007 NCAA ant to the rule, the gentleman from ance of my time. Hockey Championship, as amended. Pennsylvania (Mr. ALTMIRE) and the Mr. FILNER. Mr. Speaker, I thank The Clerk read the title of the resolu- gentleman from Tennessee (Mr. DAVID the gentlewoman, and like her, I com- tion. DAVIS) each will control 20 minutes. mend the gentleman from California The text of the resolution is as fol- The Chair recognizes the gentleman for his tireless work on an issue that lows: from Pennsylvania. rarely gets community support, and I H. RES. 325 Mr. ALTMIRE. Mr. Speaker, on April am convinced, as he said I visited the Whereas Michigan State University is one 7 in St. Louis, Missouri, the Michigan area, that we will have an up-and-run- of the premier academic institutions in the State Spartans beat the Boston College ning homeless program for veterans nation; Eagles 3–1 to win the 2007 NCAA Hock- with substance abuse in a very short Whereas on April 9, 2007, the Michigan ey Championship, affectionately time. It is a place where the VA is State University Spartans won their first known annually as the Frozen Four.

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.001 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11438 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 7, 2007 The win gave the Michigan State land grant institutions in this great time winningest coach in NCAA his- hockey team their first championship State who is now headed by President tory. Current Head Coach Rick Comley in 21 years, and Spartan forward Justin Lou Anna Simon, who has done a tre- has 714 wins, ranking fifth of all time. Abdelkader rang it off the post and mendous job at the university in so I am proud to be a Spartan and rep- scored with 18.9 seconds to snap a 1–1 many areas. resent that fine Michigan State Uni- tie and bring home the championship But last month we got to witness versity, and on behalf of myself, the for Michigan State. Michigan State’s winning tradition entire Michigan delegation, BART STU- They scored three goals in the final once again, this time on the biggest PAK for his special assistance, I would 10 minutes of the game, and Spartan stage in college hockey. like to congratulate our head coach, goalie Jeff Lerg was spectacular, mak- On April 7, the MSU hockey team Rick Comley; his hardworking staff ing 29 saves and allowing only one goal. won the Division I NCAA National and assistants; and the best hockey The Spartans won the hearts of un- Championship. The Spartans defeated players on the ice, the Michigan State derdogs everywhere. Their win capped Boston College by a score of 3–1, as we Spartans; and certainly their fans. an improbable four-game run by the all know, and the winning goal came Go Green. third-seeded Michigan State team, who with only 18.9 seconds left in the game. Mr. Speaker, I yield back my time. few considered to be championship con- It’s no fun unless you make it close. Mr. ALTMIRE. I thank the gen- tenders. In fact, the Spartans are only Well, our Spartans certainly got our tleman from Michigan. I know there is the second number three seed to make heart rates up that particular day. no greater Michigan State fan in this it to the championship game and the It was a hard-fought game against a body than him and how thrilled he was first in history to win it. top-ranked opponent, but as many of when they brought home that title. So Justin Abdelkader was the 2007 Men’s you know, the Spartans’ specialty is congratulations to him. Frozen Four MVP, and the champion- winning. They came out on top. This bill was sponsored by Congress- ship is Head Coach Rich Comley’s sec- The Spartans scored three goals in man STUPAK from Michigan, and he ond. He also won as head coach of the third period to spur a dramatic, apologizes for not being able to be here. Northern Michigan in 1991. He is one of comeback-from-behind victory. Justin We had a change in the schedule due to only three coaches to have won titles Abdelkader scored the game-winning the budget discussion that we had that with two different teams. goal and was named MVP of the NCAA went on for an hour or so. He wanted This is the second straight year that Frozen Four tournament. Chris me to point out specifically how happy Boston College has lost in the cham- Mueller put the game out of reach with he was for Head Coach Comley, whom pionship game, and I did want to take an empty-net goal with just 1.2 seconds he has known for his years at Northern a moment to highlight their achieve- left on the clock. Goalie Jeff Lerg Michigan where he won his first cham- ments. made 29 saves, as the gentleman from pionship. Last year, they lost in the finals to Pennsylvania discussed earlier. Mr. Speaker, I have no other speak- the Wisconsin Badgers, but prior to Upon their return to East Lansing, ers, and I yield back my time. The SPEAKER pro tempore. The this year’s championship, they had won showing the school spirit, certainly the question is on the motion offered by 13 consecutive games, piling up a 29–11– community’s support, there were over the gentleman from Pennsylvania (Mr. 2 record. They had multiple All-Amer- 4,500 fans turned out for a parade and a ALTMIRE) that the House suspend the ican candidates and two players who rally at Munn Ice Arena on the campus rules and agree to the resolution, H. received All New England honors. of Michigan State University. Res. 325, as amended. I want to extend my congratulations Prior to the championship game, the The question was taken; and (two- to the Spartan’s head coach Rick MSU hockey squad burned through the thirds being in the affirmative) the Comley, Assistant Coaches Tom New- NCAA Frozen Four tournament. The rules were suspended and the resolu- ton, Brian Renfrew and Rob Woodward. Spartans defeated Boston University, tion, as amended, was agreed to. I also want to recognize Michigan Notre Dame, University of Maine to A motion to reconsider was laid on State University Athletic Director Ron reach that championship game. the table. Mason, President Lou Anna Simon and, In the tournament, the Spartans most importantly, the Spartan players played top-notch defense against the f for their amazing season. Nation’s best teams. They were 17 for HONORING THE CONTRIBUTIONS Mr. Speaker, I reserve the balance of 18 on penalty kills. Jeff Lerg made 104 OF THE ROCKY MOUNTAIN SEN- my time. saves and allowed only five goals in the IOR GAMES ON ITS 30TH ANNI- Mr. DAVID DAVIS of Tennessee. Mr. tournament. VERSARY Speaker, I yield the balance of my time Let me tell you a little bit more Mr. ALTMIRE. Mr. Speaker, I move to the gentleman from Michigan (Mr. about this historic championship sea- to suspend the rules and agree to the ROGERS), and I ask unanimous consent son. The Spartans won the national resolution (H. Res. 290) honoring the that he be allowed to control that championship for the third time in contributions of the Rocky Mountain time. school history, the first since 1986 when Senior Games on its 30th anniversary The SPEAKER pro tempore. Is there current Athletic Director Ron Mason for significantly improving the health objection to the request of the gen- coached the team. Michigan State’s and well-being of older Americans. tleman from Tennessee? Rick Comley, in his fifth year as head The Clerk read the title of the resolu- There was no objection. coach, won his first national title with tion. Mr. ROGERS of Michigan. Mr. Michigan State and the second na- The text of the resolution is as fol- Speaker, I yield myself as much time tional title as head coach. The Spar- lows: as I might consume. tans compiled a 23–13–3 record and won H. RES. 290 I thank the gentleman from Pennsyl- the national championship as a number Whereas in 1978 the Colorado Senior Sports vania. I also want to thank Bart Stu- three seed in a field of 16 tournament. Development Council (CSSDC) began hosting pak from Michigan for working with us There are many reasons to be proud athletic competitions for individuals 50 on this resolution. of this Spartan team, and there are years of age and older; I am proud to represent Michigan many reasons Michigan State fans are Whereas the city of Greeley, Colorado, State University in the great State of so proud of their hockey team and worked with CSSDC to bring this popular Michigan. It is truly an extraordinary their university. athletic competition and social opportunity school with a proud history of world- Michigan State remains the all-time to the Rocky Mountain region; Whereas the Rocky Mountain Senior class academics and championship ath- winningest program in the history of Games originated as a 1-day event featuring letics. Known for its quality in faculty, the Central Collegiate Hockey Associa- swimming, basketball, and track and field; its research, it is certainly one of the tion. Former Head Coach Ron Mason Whereas the Rocky Mountain Senior finer universities, a proud tradition in has 924 victories, making him the all- Games now features a variety of sports and

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.001 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 11439 recreational activities during the week-long maintain healthy lifestyles so that My bill recognizes these competitors competition, including archery, badminton, they can maintain a high quality of life and the benefits they are making to- basketball, billiards, bowling, cycling, golf, as they grow older. wards their long-term health. I am horseshoes, dancing, pickleball, race walk- For 30 years, the Rocky Mountain pleased my colleagues in Congress, es- ing, racquetball, running, shuffleboard, Senior Games have helped improve the swimming, table tennis, tennis, track and pecially those in Colorado, are joining field, triathlon, trap and skeet shooting, and health and well-being of older Ameri- me today to approve this bill. weight lifting; cans in our Nation. Every year, more GENERAL LEAVE Whereas the Rocky Mountain Senior and more seniors travel to Greeley, Mr. ALTMIRE. Mr. Speaker, I ask Games encourages athletes of all abilities to Colorado, to participate. that Members be given 5 legislative participate in the competition by creating Mr. Speaker, I urge my colleagues to days to insert material relevant to H. age categories with 5-year increments; join me in honoring the Rocky Moun- Res. 325 and H. Res. 290 into the Whereas the competition is also divided tain Senior Games. into male and female divisions, as well as RECORD. mixed divisions in several doubles events; b 1730 The SPEAKER pro tempore. Is there Whereas athletes who qualify at the State Mr. Speaker, I reserve the balance of objection to the request of the gen- level are eligible to compete at the biennial my time. tleman from Pennsylvania? National Senior Games; Mr. DAVID DAVIS of Tennessee. Mr. There was no objection. Whereas Colorado is always well rep- Speaker, I yield as much time as she Mr. ALTMIRE. Mr. Speaker, I yield resented at the National Senior Games by back the balance of my time. athletes who pay their own expenses to at- may consume to the gentlewoman from Colorado (Mrs. MUSGRAVE). Mr. DAVID DAVIS of Tennessee. Mr. tend and compete, such as the 640 Colorado Speaker, I yield myself such time as I athletes who have already qualified for the Mrs. MUSGRAVE. Mr. Speaker, my 2007 National Senior Games in Louisville, resolution, H. Res. 290, recognizes the may consume. Kentucky; goals and the ideals of the 30th annual I rise today in support of House Reso- Whereas participants in the Rocky Moun- Rocky Mountain Senior Games, which lution 290 honoring the contributions tain Senior Games experience the friendly will be held in the next few weeks in of the Rocky Mountain Senior Games fellowship, comraderie, and exhiliration of my district in Colorado. on its 30th anniversary for signifi- competition, as well as the enjoyment of The Colorado Senior Development cantly improving the health and well- associatied social events; Council began hosting athletic com- being of older Americans. Whereas participants in the Rocky Moun- We should recognize the hardworking tain Senior Games experience highly bene- petition for adults 50 and older in 1978; ficial effects on both their physical and men- and today, the City of Greeley, and the volunteers and the event coordinators tal health, leading to the ultimate goal of Greeley Department of Recreation that make this week’s events possible. the Games of promoting ‘‘Fitness as a Life- have partnered with the Colorado Sen- Without their efforts, these games style’’; ior Sports Development Council to host would not be possible. I ask my col- Whereas volunteers and event coordinators this popular event in the Rocky Moun- leagues to support this resolution. of all ages make the week’s events possible; tain region. Mr. STUPAK. Mr. Speaker, I am proud to and The games originated in Colorado as rise in honoring the Michigan State University Whereas the 30th annual Rocky Mountain a 1-day competition featuring four ath- Men’s Hockey team in winning the Frozen Senior Games will be held from June 6–10, 2007: Now, therefore, be it letic events, including swimming, Four, becoming the Men’s National Collegiate Resolved, That the House of Representa- track and field, and basketball. Today, Hockey Champions. tives honors the contributions of the Rocky the Rocky Mountain games are among On Saturday, April 7, 2007, a record crowd Mountain Senior Games on its 30th anniver- the oldest of its kind in the Nation and of 19,432 witnessed Michigan State defeat sary for significantly improving the health are among the most popular. Boston College, 3–1, in the championship and well-being of older Americans. This year’s games will be held from game of the 2007 NCAA Men’s Frozen Four The SPEAKER pro tempore. Pursu- June 6–10, and there will be a wide in Scottrade Center in St. Louis. ant to the rule, the gentleman from range of events that include basket- During the first period, neither team was Pennsylvania (Mr. ALTMIRE) and the ball, track and field, swimming, bil- able to push the puck past the opposing goal- gentleman from Tennessee (Mr. DAVID liards, tennis, badminton, cycling, ie. As the championship game progressed into DAVIS) each will control 20 minutes. weight lifting, skeet and trap shooting, the final period, most fans thought the game The Chair recognizes the gentleman archery, a 5k and a 10k road race, a was headed to overtime. MSU then ‘‘ex- from Pennsylvania. triathlon, and many others. The popu- ploded’’ with three goals in the final 10 min- Mr. ALTMIRE. Mr. Speaker, I yield larity of these events are made most utes of the game, icing the championship for myself such time as I may consume. evident by the high number of competi- MSU. Mr. Speaker, for 30 years the Rocky tors. This victory constituted MSU’s third national Mountain Senior Games has offered Last year, for instance, there were championship, and the first since 1986. Each athletic competition and social oppor- more than 1,400 individuals who com- member of the MSU Hockey organization tunities to men and women, age 50 and peted in the games, many of whom suc- made essential contributions to the team’s older. Athletes of all abilities are en- ceeded in qualifying for the bi-annual success. couraged to participate in over 30 ath- national games. Justin Abdelkader, who was named the letic and social events. Competition is In fact, Colorado will be well rep- team’s Most Outstanding Player, snapped a divided into male and female divisions, resented at this year’s national games, 1–1 tie with 18.9 seconds to go, seconds after as well as mixed competition and by which will be held later this summer in ringing a shot off the goalie post. age groups. The purpose of the Rocky Louisville, Kentucky. There are 640 Jeff Lerg made 29 saves, and Chris Mueller Mountain Senior Games is to motivate Colorado athletes who have already added an empty-net goal with 1.2 seconds left women and men over the age of 50 to qualified. to clinch it for the 3–1 Spartan win. pursue and maintain a healthy life- The individuals who participate expe- MSU Spartans’ Head Coach Rick Comley style. rience friendly fellowship, camara- has become only the third coach in college In 2006, the Rocky Mountain Senior derie, and the exhilaration of competi- hockey history to win national titles at two Di- Games hosted 1,035 participants from 17 tion. For a long time, fitness has been vision I Universities, and has earned over 700 States across the country. The Rocky synonymous with Colorado. I think career wins. Coach Comley last won the Mountain Senior Games offers our Na- that’s because of our wonderful sunny NCAA Championship with Northern Michigan tion’s seniors the opportunity to expe- climate and our natural treasures that University in 1991. rience the thrill of competition and the encourage people to get out and enjoy The Spartan Hockey Team not only dem- joy of camaraderie, while improving themselves. It’s not surprising, then, onstrated untouchable strength and skill, but their physical fitness. that so many seniors continue exer- also perseverance and determination to make It is of vital importance that we en- cising and seek out active competition, Michigan State University and all of the State courage all adults to establish and even as they begin to get older. of Michigan proud.

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00034 Fmt 0688 Sfmt 9920 E:\BR07\H07MY7.001 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11440 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 7, 2007 The unyielding support from thousands of foods, a lack of safe, available venues for Mr. ALTMIRE. Mr. Speaker, this res- fans, family and friends, dressed in green, physical activity, and a lack of education olution designates May 1–7 as National lined the streets of East Lansing where they about proper nutrition and the benefits of Physical Education and Sports Week. physical activity; turned out to welcome MSU’s national cham- This is the second year in which Con- Whereas minority children are at greatest gress has officially observed the first pionship hockey team back home. risk for obesity, especially African Ameri- I am pleased to join with my colleague; cans, Hispanics, American Indians, and week of May for this purpose. Congressman MIKE ROGERS, who represents Asians/Pacific Islanders living in low-income The benefits of physical activity are Michigan State University, and all the Michi- communities; well documented. It reduces the risk of gan delegation in honoring MSU and its NCAA Whereas physical activity reduces the obesity, heart disease, high blood pres- National Champion Men’s hockey team. risks of heart disease, high blood pressure, sure, diabetes, back pain, and even cer- I am also very pleased that MSU selected diabetes, chronic low back pain, and certain tain types of cancer. It can increase my friend from Northern Michigan Hockey types of cancers and Type II diabetes can no one’s self-esteem and body image and longer be called ‘‘late in life’’ or ‘‘adult reduce anxiety. In youth, it develops coach, Rick Comley, to lead MSU to its latest onset’’ diabetes because we are seeing Type hockey title after its legendary hockey coach, motor skills, leads to healthier life- II diabetes (and other chronic illnesses) in styles, improves social awareness, and Ron Mason, became MSU’s athletic director. children as young as 10; Again, I congratulate the MSU Spartan Whereas youth who are physically active averts risky behaviors. Hockey Team on winning the 2007 NCAA show less severe symptoms of anxiety; The Centers for Disease Control rec- Championship and recognize all the players, Whereas participation in sports and phys- ommends 60 minutes of daily physical activity for children and teenagers, and coaches, managers, staff, fans, and families ical activity improves self-esteem and body 30 minutes of daily physical activity who were instrumental in this great achieve- image in children and adults; for adults. Moderate exercise, such as a ment. Whereas children and youth who partake in physical activity and sports programs brisk walk, when done regularly, has a Mr. DAVID DAVIS of Tennessee. Mr. have increased motor skills, healthy life- Speaker, I yield back the balance of significant health benefit. styles, social skills, a sense of fair play, As a Nation, we should be more ac- my time. strong teamwork skills, self-discipline, and tive. One out of four children do not at- The SPEAKER pro tempore. The avoid risky behaviors; tend any physical education classes in question is on the motion offered by Whereas the 60 million school-aged chil- school; 61 percent of children, ages 9 dren and youth in America have the poten- the gentleman from Pennsylvania (Mr. through 13, do not participate in any ALTMIRE) that the House suspend the tial to acquire the knowledge, skills, and values that can lead to a lifetime of physical physical activity outside of school. rules and agree to the resolution, H. Only 25 percent of children get a min- Res. 290. activity and healthy living; Whereas the social and environmental fac- imum of 20 minutes of vigorous phys- The question was taken; and (two- tors affecting children are in the control of ical activity per day. thirds being in the affirmative) the the adults and the communities in which Mr. Speaker, in comparison, 60 per- rules were suspended and the resolu- they live, and therefore this Nation shares a cent of adults are not regularly active, tion was agreed to. collective responsibility in reversing the and 25 percent are not physically ac- A motion to reconsider was laid on childhood obesity trend; and tive at all. The lack of physical activ- the table. Whereas Congress strongly supports efforts ity has many negative results. The per- to increase the physical activity and partici- f centage of overweight young people has pation of youth in sports: Now, therefore, be NATIONAL PHYSICAL EDUCATION it more than tripled since 1980. It is 18 AND SPORTS WEEK Resolved, That the House of Representa- percent of that population today. tives— Children are now being diagnosed Mr. ALTMIRE. Mr. Speaker, I move (1) recognizes National Physical Education with high blood pressure, high choles- to suspend the rules and agree to the and Sports Week and the central role of terol and type 2 diabetes, all once resolution (H. Res. 371) in observance of physical activity and sports in creating a thought to be age related. Two-thirds National Physical Education and healthy lifestyle for all children and youth; of adults are overweight or obese. Obe- Sports Week. (2) calls on communities to work with sity-related diseases cost the economy The Clerk read the title of the resolu- schools, in concert with key stakeholders of more than $100 billion annually. tion. the community, to craft and implement a I want to recognize some exemplary The text of the resolution is as fol- local wellness plan as required by the Child Nutrition and WIC Reauthorization Act of programs that are currently promoting lows: 2004 that includes goals for physical activity, and encouraging physical activity. H. RES. 371 nutrition education, and other school-based Four thousand Boys and Girls Clubs Whereas May 1 through 7, 2007, is observed activities to promote physical education and across this country provide more than as National Physical Education and Sports wellness as well as nutrition guidelines for 4.6 million kids with the opportunity Week; foods sold in schools, implementation plans, to be physically active. YMCA provides Whereas physical inactivity of both youth and measures to determine effectiveness; and services to over 20 million people, in- and adults is a major health risk factor in (3) encourages schools to offer physical cluding the Silver Sneakers programs this country today; education classes to students and work with for seniors. Whereas the percentage of overweight community partners to provide opportuni- This resolution acknowledges that young people has more than tripled since ties and safe spaces for physical activities physical activity and sports play a cen- before and after school and during the sum- 1980; tral role in creating a healthy lifestyle Whereas nationally, 1 out of 4 children mer for all children and youth. does not attend any school physical edu- for children and adults. Schools should The SPEAKER pro tempore. Pursu- include physical education classes and cation classes and fewer than 1 in 4 children ant to the rule, the gentleman from get 20 minutes of vigorous activity every other opportunities for physical oppor- Pennsylvania (Mr. ALTMIRE) and the day; tunities as part of the school day, and Whereas physical activity is necessary to gentleman from Tennessee (Mr. DAVID this resolution says communities support the normal growth in children, and DAVIS) each will control 20 minutes. should be involved and support schools is essential to the continuing health and The Chair recognizes the gentleman in the promotion of physical activities, well-being of youth and adults; from Pennsylvania. nutrition education and healthy life- Whereas children and youth with low fit- GENERAL LEAVE styles. ness levels tend to have low fitness levels Mr. ALTMIRE. Mr. Speaker, I re- Mr. Speaker, I reserve the balance of during adulthood and healthy weight man- quest 5 legislative days during which my time. agement programs suggest that approxi- Members may insert material relevant mately 300 minutes of exercise are required Mr. DAVID DAVIS of Tennessee. Mr. per week for an adult to maintain his or her to H. Res. 371 into the RECORD. Speaker, I yield myself such time as I weight over the course of a single year; The SPEAKER pro tempore. Is there may consume. Whereas low-income high risk commu- objection to the request of the gen- I rise today in support of House Reso- nities have the highest obesity rates due to tleman from Pennsylvania? lution 371 to recognize National Phys- factors including lack of access to healthful There was no objection. ical Education and Sports Week, which

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.001 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 11441 took place this year from May 1 to May with schools, along with key commu- urges the United States Department of Edu- 7, 2007. nity stakeholders to craft and imple- cation, all States, State education agencies, Ralph Waldo Emerson once wrote: ment a local wellness plan as required local education agencies, community col- ‘‘The first wealth is health.’’ Today, in the Child Nutrition and WIC Reau- leges, and members of the public to join in these words could not hold more sig- this observance; thorization Act of 2004. (2) congratulates the National Classified nificance. In an increasingly techno- I ask my colleagues to support this School Employee of the Year; and logically advanced society dominated resolution. (3) congratulates all classified school em- by the Internet, cell phones, Black- Mr. Speaker, I yield back the balance ployees across the Nation for their ongoing Berrys, and, yes, electronic video game of my time. contributions to education, and for the key controls, the evidence is growing and is Mr. ALTMIRE. I thank the gen- role they play in promoting and ensuring more convincing than ever. People of tleman from Tennessee for his leader- student achievement, student safety and all ages who are generally inactive can ship on this issue and the other legisla- well-being. improve their health and well-being by tion that we talked about today. The SPEAKER pro tempore. Pursu- becoming active at a moderate inten- Mr. Speaker, I yield back the balance ant to the rule, the gentlewoman from sity on a regular basis. of my time. California (Ms. WOOLSEY) and the gen- Regular physical activity substan- The SPEAKER pro tempore. The tleman from Tennessee (Mr. DAVID tially reduces the risk of a number of question is on the motion offered by DAVIS) each will control 20 minutes. preventable diseases such as coronary the gentleman from Pennsylvania (Mr. The Chair recognizes the gentle- heart disease, the Nation’s leading ALTMIRE) that the House suspend the woman from California. cause of death; and decreases the risk rules and agree to the resolution, H. GENERAL LEAVE of stroke, colon cancer, diabetes, and Res. 371. Ms. WOOLSEY. Mr. Speaker, I ask high blood pressure. It also helps to The question was taken. unanimous consent that all Members control weight, contributes to healthy The SPEAKER pro tempore. In the have 5 legislative days to revise and ex- bones, muscles and joints, reduces falls opinion of the Chair, two-thirds being tend their remarks and include extra- among elderly adults and is associated in the affirmative, the ayes have it. neous material on H. Res. 376, the reso- with fewer hospitalizations. Moreover, Mr. ALTMIRE. Mr. Speaker, on that lution now under consideration. physical activity does not need to be I demand the yeas and nays. The SPEAKER pro tempore. Is there strenuous to be beneficial. People of all The yeas and nays were ordered. objection to the request of the gentle- ages benefit from participating in reg- The SPEAKER pro tempore. Pursu- woman from California? ular moderate-intensity physical activ- ant to clause 8 of rule XX and the There was no objection. ity, such as 30 minutes of brisk walk- Chair’s prior announcement, further Ms. WOOLSEY. Mr. Speaker, I yield ing five or more times a week. proceedings on this question will be myself such time as I would consume. These are facts we should impress postponed. I would like to thank Chairman MIL- upon our children to ensure they lead f LER and the committee staff for helping move this bill so quickly and the health-conscious lives. Yet according NATIONAL CLASSIFIED SCHOOL gentleman from Tennessee for being to the Surgeon General’s ‘‘Call to Ac- EMPLOYEE OF THE YEAR tion to Prevent and Decrease Over- here with me today. Ms. WOOLSEY. Mr. Speaker, I move weight and Obesity,’’ only half of ado- We often recognize teachers for their to suspend the rules and agree to the lescents participate in regular physical hard work, for their dedication to our resolution (H. Res. 376) recognizing an- activity, and one-fourth report no children. In fact, we need to do more of physical activity at all. nually a National Classified School this. Teachers are very important to In addition, we find that more than a Employee of the Year and honoring the ensuring that our children are learn- third of young people in grades 9–12 do valuable contributions of Classified ing. not regularly engage in physical activ- School Employees in the United However, there has been far too little ity. Additionally, daily participation in States. recognition for the school support per- high school physical education classes The Clerk read the title of the resolu- sonnel, those who help schools run dropped from 42 percent in 1991 to only tion. smoothly, the classified school employ- The text of the resolution is as fol- 33 percent in 2005. Physical activity of- ees. Teachers can’t teach without sup- lows: fers a broad range of benefits, including port of classified school employees. the prevention of obesity, improves H. RES. 376 This includes instructional assistants, self-confidence and the overall sense of Whereas classified school employees pro- clerical staffs, school bus drivers, food well-being. vide valuable service to America’s public services employees, maintenance, secu- Physical education programs within schools and community colleges; rity and others who ensure a safe and Whereas classified school employees con- school settings can set the stage for healthy school day every day for our tribute to the establishment and promotion children. how children view physical fitness, ac- of a positive instructional environment as tivity levels, and future health. Phys- Imagine a school day without this paraeducators and library aides; support: without bus drivers, how ical education programs also include Whereas classified school employees pro- general health and safety information, vide other essential educational services would our children get to school? With- as well as providing opportunities for such as transportation, facilities mainte- out janitors, who will ensure their students to learn how to cooperate nance and operations, food and support serv- classrooms, cafeteria and bathrooms with one another in a team setting. ices, and health care; are clean? Without food service per- Equally important is the fact that Whereas classified school employees play a sonnel, who will serve their food, who vital role in providing for the welfare and will order their food? Without a school physical education programs can teach safety of America’s school children and stu- students that physical activity can be nurse, where will children go if they dents; are not feeling well or they are needing fun. Whereas classified school employees strive With a broad range of games and ac- for excellence in all areas relative to the medication? Without maintenance per- tivities, children are exposed to forms education community; and sonnel, what would happen if some- of exercise that incorporate teamwork, Whereas in order that classified school em- thing broke or if the school is too hot strategy, skill-building exercises, and ployees are acknowledged for their out- or too cold? Without office and clerical other curricula such as math. Indeed, standing contribution to quality education staff, who will ensure that the proper physical education plays an important across America, the National Classified person picks up a child? And without role in the development of an indi- School Employee of the Year is recognized: security personnel, who will make sure Now, therefore, be it vidual, just as a classroom education Resolved, That The House of Representa- our schools are safe? These responsibil- does. tives— ities need to be met in order for our I join my colleague, Mr. ALTMIRE, in (1) supports the recognition of the National students to be able to do what they calling for the communities to work Classified School Employee of the Year and come to school to do: learn.

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.001 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11442 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 7, 2007 What do our teachers come to school medications, and help keep accurate school employees for their work and to recog- for? To teach. These and many more records of immunizations and students’ nize them for their efforts. tasks would not be possible without medical history. All of these school Mr. DAVID DAVIS of Tennessee. Mr. these important school employees. employees are vital to the success of Speaker, I yield the balance of my time. b 1745 our schools. Without skilled facilities and main- Ms. WOOLSEY. Mr. Speaker, I yield That is why I introduced this resolu- tenance workers, our children would back the balance of my time. tion with Chairman MILLER and Rep- not have safe and comfortable places to The SPEAKER pro tempore. The resentative HARE, to recognize the learn. A lot of work is required to question is on the motion offered by many contributions classified school maintain a school community and keep the gentlewoman from California (Ms. employees make to our children’s it running smoothly. Custodians keep WOOLSEY) that the House suspend the school day. Without the work of these the schools clean. Groundskeepers keep rules and agree to the resolution, H. valuable employees, schools would be the grounds safe for sports and other Res. 376. The question was taken; and (two- unable to function. recreational activities. And facilities thirds being in the affirmative) the Today, we recognize the work of the workers foresee and troubleshoot prob- classified school employee and thank rules were suspended and the resolu- lems in school buildings. These classi- tion was agreed to. them for their hard work in helping en- fied workers provide a valuable service sure that our schools run smoothly. I A motion to reconsider was laid on to our schools. the table. urge my colleagues to join me in recog- Many times the meal students re- nizing the efforts of our classified ceive at school is the best or only meal f school employees and thanking them they get each day. Food service work- SUPPORTING THE GOALS AND for all they do to make certain our ers play a significant role in the edu- IDEALS OF NATIONAL CORREC- children are able to learn and teachers cational process by providing nutri- TIONAL OFFICERS AND EMPLOY- are able to teach in a safe and healthy tious meals for children. Research EES WEEK environment. shows that good nutrition enables a Mr. SCOTT of Virginia. Mr. Speaker, Mr. Speaker, I reserve the balance of student to meet their educational and I move to suspend the rules and agree my time. physical potential. to the resolution (H. Res. 264) sup- Mr. DAVID DAVIS of Tennessee. Mr. Para-educators, librarians and other porting the goals and ideals of ‘‘Na- Speaker, I yield myself such time as I instructional assistants, support and tional Correctional Officers and Em- may consume. enhance the work of teachers in all ployees Week’’ and honoring the serv- Mr. Speaker, I rise today in support components of the educational process. ice of correctional officers and employ- of House Resolution 376, which will rec- The increased use of para-professional ees. ognize annually a National Classified staff in education across the United The Clerk read the title of the resolu- School Employee of the Year and the States has been well documented, as tion. valuable contributions of classified has the change in their role from large- The text of the resolution is as fol- school employees. ly clerical to instructional duties. lows: I would like to thank my colleague These professionals play a key role in H. RES. 264 from California (Ms. WOOLSEY) for her ensuring student achievement. Whereas the operation of correctional fa- leadership on this issue and for intro- Together, with certified school em- cilities represents a crucial component of ducing the resolution we are consid- ployees, teachers, and administrators, the criminal justice system of the United ering today. classified school employees work hard States; Like many schools across the coun- Whereas correctional personnel play a to provide productive, safe and stable vital role in protecting the right of the pub- try and in my district, the education of environments for our children that are lic to be safeguarded from criminal activity; our Nation’s children is a team effort. conducive to learning. Classified school Whereas correctional personnel are respon- Often, when education is discussed, we employees strive for excellence in all sible for the care, custody, and dignity of the think of teachers and administrators. areas relative to the educational com- human beings charged to their care; However, classified school employees, munity. Whereas correctional personnel work under school bus drivers, food service work- For that, I ask that we annually rec- demanding circumstances and face danger in ers, clerical and administrative staff, their daily work lives; and ognize a National Classified School Whereas the first week of May is recog- para-educators, and facilities and Employee of the Year and honor the in- nized as National Correctional Officers and maintenance workers protect and nur- valuable contributions of all classified Employees Week: Now, therefore, be it ture children as well. school employees for their tireless Resolved, That the House of Representa- Classified school employees are usu- commitment to the academic success, tives— ally the first of the school staff work- safety and well-being of America’s chil- (1) supports the goals and ideals of ‘‘Na- ers the children see when they start dren, and I urge my colleagues to sup- tional Correctional Officers and Employees their day and the last ones they see Week’’; and port House Resolution 376. (2) honors all correctional officers and em- when they go home. They are the care- Ms. WOOLSEY. Mr. Speaker, our school- ployees for their service to their commu- takers of our schools and community children couldn’t attend school and teachers nities and States, and to the Nation. colleges. School bus drivers carry the couldn’t teach without the efforts of these valu- The SPEAKER pro tempore. Pursu- most precious cargo, our children. Par- able school personnel. ant to the rule, the gentleman from ents want the peace of mind that Personnel like Al Hart, District Information Virginia (Mr. SCOTT) and the gen- comes from entrusting the person be- Services Coordinator for Reed School District tleman from Virginia (Mr. GOODLATTE) hind the wheel in their children’s in southern Marin County. Mr. Hart was recog- each will control 20 minutes. school bus. nized this year as the Marin County classified The Chair recognizes the gentleman Getting kids to and from schools school employee of the year. His hard work from Virginia. safely and on schedule makes bus driv- and that of other school employees in the rest GENERAL LEAVE ers, mechanics, and other transpor- of the 6th district of California, and the rest of Mr. SCOTT of Virginia. Mr. Speaker, tation personnel an integral part of our the country should be recognized. I ask unanimous consent that all Mem- schools and of our communities. Classi- Classified school employees work with bers be given 5 legislative days within fied employees in the office, clerical teachers and administrators to ensure that our which to revise and extend their re- and administrative staff, maintain at- schools are safe and healthy places. Their marks and include extraneous material tendance records, answer the phones, contributions are invaluable and can be recog- on the bill under consideration. and interact with parents and school nized today and every day. The SPEAKER pro tempore. Is there officials. School nurses help children That’s why I urge my colleagues to join me objection to the request of the gen- with scrapes and cuts, assist with in supporting H. Res. 376 to thank classified tleman from Virginia?

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.001 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 11443 There was no objection. ployees Week, and honors the service of this Nation. It also recognizes the crit- Mr. SCOTT of Virginia. Mr. Speaker correctional officers and employees. ical role that the correctional facilities I yield myself such time as I may con- Few jobs are more dangerous and dif- play in the U.S. criminal justice sys- sume. ficult than serving as a correctional of- tem. H. Res. 264 is a bipartisan resolution ficer. There are over 200,000 correc- I am proud to be a cosponsor to this designed to honor correctional officers tional officers in the United States who legislation with Congressman HOLDEN and employees by acknowledging and guard us from nearly 2 million crimi- and Congressman LOBIONDO. I echo Mr. supporting the goals and ideals of Na- nals and maintain the safety of the Na- SCOTT’s words. Mr. HOLDEN felt strong- tional Correctional Officers and Em- tion’s correctional facilities. It is a job ly enough about this legislation to call ployees Week. This was introduced by with high risk and often little recogni- me and ask me to make a few com- the gentleman from Pennsylvania (Mr. tion or reward. This resolution recog- ments on his support for this bill. He HOLDEN), the gentleman from New Jer- nizes the important role that correc- was unable to attend this meeting as sey (Mr. LOBIONDO) and the gentleman tional officers play in maintaining pub- he had prior commitments in his dis- from Indiana (Mr. ELLSWORTH). lic safety. trict, but he asked me to express his The resolution directly honors cor- Correctional officers carry a heavy strong support for the men and women rectional workers at all levels, local, burden each day. They are surrounded who work in the correctional system State and Federal, including psycholo- by dangerous criminals and work in a on all the levels, who work tirelessly to gists, chaplains, teachers and even stressful environment. We hear about protect their communities from those kitchen staff. but don’t often stop to recognize the incarcerated and breaking the law. Correctional officers and employees hundreds of correctional officers who The men and women who work in our play a vital role in protecting and pro- have made the ultimate sacrifice. Last prisons and correctional facilities face moting public safety. They work in our year in Maryland, two correctional of- danger in their everyday lives. I have county jails, our State prisons and our ficers were killed. On January 27, 2006, seen this firsthand. They are out- Federal penitentiaries. They have a Correctional Officer Jeffrey Alan numbered. They work long hours. They tough job in a tough environment and Wroten II was brutally shot and killed; often go without their lunches or eat at a time that Congress and State leg- and on July 25, 2006, Officer David War- their lunches while performing their islatures are actually making the job ren McGuinn was killed. What hap- duties. We owe them a lot. And al- more difficult because we have been pened to these two Maryland officers though you are not going to see a lot of eliminating programs for inmates, such unfortunately has happened to hun- documentaries about the correctional as parole, good conduct credits and dreds of other correctional officers in officer in the TV shows, they work just Pell Grants for college courses, pro- past years. Correctional Officer Jeffrey as hard as any patrolman on the street. grams that give incentives to prisoners Alan Wroten left behind a wife and five And they are outnumbered and sur- to behave. Now, with the additional re- children, the oldest, age 15, and the rounded by their adversaries every day. duction in prison inmate jobs on the youngest, 5 years of age. This makes Their role is critical and yet goes un- Federal level, even more pressure will his loss and the loss of others like him recognized often. We can do our part to be put on correctional officers to main- even more heartbreaking. recognize them this week. Hopefully, tain a safe and productive environment So, it is appropriate that we take a this bill will bring some much deserved for prisoners. moment this week to honor the con- appreciation for their work, and I urge So it is fitting, Mr. Speaker, that we tribution of all correctional officers, my colleagues to support it. pause at this time to recognize and pray for their continued safety and Mr. GOODLATTE. Mr. Speaker, I recommend our correctional officers and dedicate ourselves to helping them serve the balance of my time. employees for the very important job carry out their mission. Mr. SCOTT of Virginia. Mr. Speaker, that they do for us every day under We thank each and every correc- I yield such time as he may consume to these very difficult circumstances, and tional officer, their families and loved a strong supporter of programs to give to them we say, ‘‘Thank you.’’ ones, and honor them for their valuable prisoners incentives to better them- Finally, Mr. Speaker, in closing, I role in protecting the public. selves and a strong supporter of correc- would like to indicate that I have re- Mr. Speaker, I reserve the balance of tional officers, the gentleman from Illi- ceived a note from the gentleman from my time. nois (Mr. DAVIS). Pennsylvania (Mr. HOLDEN), the lead Mr. SCOTT of Virginia. Mr. Speaker, Mr. DAVIS of Illinois. Mr. Speaker, I sponsor of the resolution and chair of I yield such time as he may consume to rise in support of H. Res. 264, the Con- the Congressional Correctional Officers an original cosponsor of this resolu- gressional Lawmaking Authority Pro- Caucus. First, he asked that I share his tion, the former sheriff in Indiana, the tection Act of 2007 and the National regrets that he was not able to be with gentleman from Indiana (Mr. ELLS- Correctional Officers and Employees us today to speak on this resolution WORTH). Week. due to a prior commitment in his home Mr. ELLSWORTH. Mr. Speaker, I Correctional officers are the largest district. He also asked that I convey rise today to honor the correctional of- part of the workforce in jails and pris- his strong support for the men and ficers and employees from around the ons, and they enforce the regulations women who work in our prisons and country, and to voice my strong sup- governing the operation of correctional correctional facilities on a daily basis. port for this bill. institutions as both supervisors and And he also asked me to personally I spent almost 25 years in law en- counselors. welcome on his behalf the correctional forcement, much of that working in a While they have no law enforcement community to Washington, D.C., for jail myself. And from my experience, responsibilities outside the institution their annual day on Capitol Hill, which correction officers are some of the where they work, each day they put is scheduled to occur this coming hardest-working law enforcement pro- themselves in harm’s way, maintaining Wednesday. fessionals that are working today. security and inmate accountability to Mr. Speaker, I urge my colleagues to House Resolution 264 recognizes them prevent disturbances, assaults, and es- support the resolution. for their important contributions to capes. Mr. Speaker, I reserve the balance of the safety of our communities. By definition, working in a correc- my time. This week is National Correctional tional institution can be stressful and Mr. GOODLATTE. Mr. Speaker, I Officers and Employees Week. The bill hazardous. Between 1990 and 1995, the yield myself such time as I may con- we are considering today supports the number of attacks on correctional offi- sume. goals and ideas of this important week, cers in State and Federal prisons Mr. Speaker, I rise in support of and honors all corrections officers and jumped by nearly one-third, from 10,731 House Resolution 264, which recognizes employees for their service to their to 14,165, at a time when the number of National Correctional Officers and Em- communities, their States, and also to correctional officers increased by only

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.001 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11444 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 7, 2007 14 percent. Except for police officers, they receive little recognition. This week, gerous place and ensure the basic needs of the number of workplace nonfatal vio- which we observe as National Correctional Of- one of the most difficult groups in society are lent incidents is higher per 1,000 em- ficers and Employees Week, is our opportunity addressed. Mr. Speaker, it is not often that we ployees for correctional officers than to honor all correctional officers and employ- get the opportunity to thank them for the good any other profession. From 1992 to 1996, ees for their service to their communities and work they do and I commend my colleagues there were nearly 218 incidents for our Nation. in the House or Representatives for passing every 1,000 correctional officers, for a I strongly support this resolution, and I urge House Resolution 264. total of 58,300. my colleagues to do the same. Mr. GOODLATTE. Mr. Speaker, I b 1800 Mr. LOBIONDO. Mr. Speaker, I rise today in yield back the balance of my time. strong support of H. Res. 264, to express sup- Mr. SCOTT of Virginia. Mr. Speaker, Correctional officers’ roles in our so- port for the goals and ideals of National Cor- I urge passage of the resolution, and I ciety are and continue to be critical. rectional Officers and Employees Week—May yield back the balance of my time. We must continue to recognize the sac- 6th through 12th. This resolution recognizes The SPEAKER pro tempore. The rifices they and their families make on the important and under-appreciated dedicated question is on the motion offered by a daily basis to ensure the safety and service of the correctional officers and employ- the gentleman from Virginia (Mr. well-being of the prison population. ees who staff prisons across this Nation. SCOTT) that the House suspend the Mr. Speaker, I spend a fair amount of Just this morning, I was at the Fairton Fed- rules and agree to the resolution, H. time in and around correctional insti- eral Correctional Institution in Fairton, New Res. 264. tutions. As a matter of fact, I serve as Jersey, with Warden Paul Schultz, to honor The question was taken; and (two- a member of the local school council at the hard work and highest standards of the thirds being in the affirmative) the the Consuelo York Alternative High men and women serving as correctional offi- rules were suspended and the resolu- School in Chicago, which is located in cers and employees. I had the great pleasure tion was agreed to. the Cook County Jail. Therefore, when- to present awards to these brave individuals. A motion to reconsider was laid on ever I’m there, when we have our reg- As a co-chair of the Correctional Officers the table. ular meetings, I attend. Caucus, I was pleased to introduce this reso- I also go to jails sometimes to put up lution with Representative HOLDEN, and I am f bail for individuals that I know, Rep- very proud of the correctional officers that it resentative SCOTT, who have been ar- honors. I urge all Members to support this res- RECESS rested. Quite frequently, I speak at olution. jails, correctional facilities and pris- Mr. HOLDEN. Mr. Speaker, as a co-chair of The SPEAKER pro tempore. Pursu- ons. the Congressional Correctional Officers Cau- ant to clause 12(a) of rule I, the Chair And so I simply wanted to take this cus, I rise today to honor correctional officers declares the House in recess until ap- time to thank all of those individuals and employees of correctional facilities across proximately 6:30 p.m. today. who not only work in these stressful our country. Accordingly (at 6 o’clock and 2 min- situations, but the many men and May 6, 2007 kicked off the National Correc- utes p.m.), the House stood in recess women with whom I come into contact tional Officers and Employees Week. Through- until approximately 6:30 p.m. as they facilitate my entree, and as out the week, correctional officers will be here they assist whatever it is that I’ve in Washington to speak with their elected offi- f been trying to do and that I try to do cials, present awards to officers whose excep- while I’m there. tional service merits special recognition, and b 1830 So I simply say, thank you to all of honor the memory of fallen comrades who had those corrections officers with whom I made the ultimate sacrifice while on duty. AFTER RECESS come into contact on an annual basis, I am proud to sponsor House Resolution The recess having expired, the House and urge passage of this resolution. 264, along with my colleagues, the gentleman was called to order by the Speaker pro Ms. JACKSON-LEE of Texas. Mr. Speaker, from New Jersey, Mr. LOBIONDO, the gen- tempore (Mr. ALTMIRE) at 6 o’clock and I rise today in support of H. Res. 264, which tleman from Indiana, Mr. ELLSWORTH, and the 30 minutes p.m. puts this House on record in support of the gentleman from Virginia, Mr. DAVIS. H. Res. goals and ideals of ‘‘National Correctional Offi- 264 is a bipartisan resolution designed to f cers and Employees Week’’ and which honors honor correctional officers and employees by the service of correctional officers and employ- acknowledging and supporting the goals and COMMUNICATION FROM CHIEF OF ees. ideals of National Correctional Officers and STAFF OF THE HONORABLE Correctional facilities form a crucial compo- Employees Week. The resolution directly hon- MARK STEVEN KIRK, MEMBER nent of our criminal justce system, and the ors correctional workers at all levels, local, OF CONGRESS proper functioning of these facilities is State and Federal, including psychologists, depndent upon the exemplary service per- chaplains, teachers, and kitchen staff. The SPEAKER pro tempore laid be- formed by correctional peronnel. These men Correctional facilities are a critical compo- fore the House the following commu- and women work daily in a complex, ever- nent of our public safety and criminal justice nication from Eric Elk, Chief of Staff, changing, and often dangerous environment, systems. We rely on correctional facilities to Office of the Honorable MARK STEVEN protecting the rights of the public and safe- mend the behavior of certain members of our KIRK, Member of Congress: guarding us, as a Nation, from criminal activ- society. To do that, these facilities must rely HOUSE OF REPRESENTATIVES, ity. on correctional officers and other personnel Washington, DC, April 27, 2007. Not only are these correctional officers and who are highly trained to work in a challenging Hon. NANCY PELOSI, Speaker, U.S. House of Representatives, Wash- employees responsible for the custody of in- and often dangerous environment. Before ington, DC. mates, but they are also charged with the care coming to Congress I had the honor of work- DEAR MADAM SPEAKER: This is to notify of these individuals, and with maintaining their ing alongside these men and women when I you formally, pursuant to Rule VIII of the dignity as human beings. This is a profession served as a probation officer and then Sheriff Rules of the House of Representatives, that I that exerts immense physical and emotional of Schuylkill County, which houses a Federal have been served with a subpoena, issued by demands on a daily basis, and requires con- and state prison. The respect I gained for the Circuit Court for Cook County, Illinois, stant courage and vigilance. these public servants is indescribable and I for testimony in a criminal case. Mr. Speaker, correctional work has become thank them for the countless ways they benefit After consultation with the Office of Gen- eral Counsel, I have determined that compli- an increasingly sophisticated profession, and our communities. ance with the subpoena is consistent with we as a nation should take pride in the caliber Correctional officers and staff work each the precedents and privileges of the House. of those who work in this field. These men day to protect society from the threat of crimi- Sincerely, and women face overwhelming obstacles, and nal activity. They risk their lives ensuring that ERIC ELK, operate daily in a high-risk environment, yet we are safe. They maintain order in a dan- Chief of Staff.

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.001 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 11445 REPORT ON RESOLUTION PRO- Carney Kagen Porter Duncan Kingston Rohrabacher VIDING FOR CONSIDERATION OF Castle Kanjorski Rahall Everett Kline (MN) Royce Castor Kaptur Ramstad Feeney Lamborn Ryan (WI) H.R. 1294, THOMASINA E. JORDAN Chandler Keller Rangel Flake Lewis (CA) Sali INDIAN TRIBES OF VIRGINIA Clarke Kennedy Regula Foxx Lewis (KY) Schmidt FEDERAL RECOGNITION ACT OF Clay Kildee Rehberg Franks (AZ) Linder Sensenbrenner Gallegly Mack Sessions 2006 Cleaver Kind Renzi Clyburn King (NY) Reyes Garrett (NJ) McCarthy (CA) Shadegg Mr. HASTINGS of Florida, from the Coble Kirk Reynolds Gohmert McHenry Smith (NE) Goodlatte Miller, Gary Stearns Committee on Rules, submitted a priv- Cohen Klein (FL) Rodriguez Cole (OK) Knollenberg Rogers (KY) Hastings (WA) Myrick Sullivan ileged report (Rept. No. 110–130) on the Conyers Kucinich Rogers (MI) Heller Neugebauer Tancredo resolution (H. Res. 377) providing for Cooper Kuhl (NY) Ros-Lehtinen Hensarling Nunes Thornberry Costa LaHood Roskam Herger Paul Tiberi consideration of the bill (H.R. 1294) to Hoekstra Pence Walberg Courtney Lampson Ross extend Federal recognition to the Issa Poe Wamp Cramer Langevin Rothman Jindal Price (GA) Westmoreland Chickahominy Indian Tribe, the Chick- Crenshaw Larsen (WA) Roybal-Allard Johnson, Sam Putnam Wicker ahominy Indian Tribe-Eastern Divi- Cuellar Larson (CT) Ruppersberger Jordan Radanovich Young (AK) sion, the Upper Mattaponi Tribe, the Davis (AL) Latham Rush Davis (CA) LaTourette King (IA) Rogers (AL) Young (FL) Rappahannock Tribe, Inc., the Mona- Ryan (OH) Davis (IL) Lee Salazar NOT VOTING—58 can Indian Nation, and the Nansemond Davis, David Levin Sa´ nchez, Linda Akin Engel McMorris Indian Tribe, which was referred to the Davis, Lincoln Lewis (GA) T. Boehner Fattah Rodgers Davis, Tom Lipinski Sanchez, Loretta House Calendar and ordered to be Boyda (KS) Fortenberry Moran (KS) DeFazio LoBiondo Sarbanes printed. Delahunt Loebsack Brady (PA) Frank (MA) Murtha Saxton Brown, Corrine Gilchrest DeLauro Lofgren, Zoe Schakowsky Neal (MA) f Dent Lowey Buyer Goode Schwartz Peterson (PA) Diaz-Balart, L. Lucas Camp (MI) Graves Scott (GA) Pitts ANNOUNCEMENT BY THE SPEAKER Diaz-Balart, M. Lungren, Daniel Capuano Hinchey Price (NC) Scott (VA) Carson Holden PRO TEMPORE Dingell E. Pryce (OH) Serrano Costello Hulshof Doggett Lynch Reichert The SPEAKER pro tempore. Pursu- Sestak Crowley Hunter Donnelly Mahoney (FL) Schiff Shays Cubin Inslee ant to clause 8 of rule XX, proceedings Edwards Manzullo Shimkus Ehlers Markey Shea-Porter Culberson Israel will resume on motions to suspend the Shuler Ellison Marshall Sherman Cummings Jefferson Slaughter rules previously postponed. Ellsworth Matheson Shuster Davis, Jo Ann Johnson (IL) Souder Votes will be taken in the following Emanuel Matsui Simpson DeGette Johnson, E. B. order: Emerson McCarthy (NY) Sires Dicks Kilpatrick Tiahrt Skelton Doolittle Lantos Towns H.R. 407, by the yeas and nays; English (PA) McCaul (TX) Eshoo McCollum (MN) Smith (NJ) Doyle Maloney (NY) Waters H.R. 1025, by the yeas and nays; Etheridge McCotter Smith (TX) Dreier Marchant Weiner H. Res. 371, by the yeas and nays. Fallin McCrery Smith (WA) The vote on agreeing to House Reso- Farr McDermott Snyder b 1856 Ferguson McGovern Solis lution 370 and on the motion to suspend Filner McHugh Space Messrs. SULLIVAN, BURTON of Indi- with regard to H.R. 1595 will be post- Forbes McIntyre Spratt ana, MACK, LINDER, LEWIS of Cali- poned until tomorrow. Fossella McKeon Stark fornia and YOUNG of Alaska changed The first electronic vote will be con- Frelinghuysen McNerney Stupak their vote from ‘‘yea’’ to ‘‘nay.’’ Gerlach McNulty Sutton ducted as a 15-minute vote. Remaining Giffords Meehan Tanner So (two-thirds being in the affirma- electronic votes will be conducted as 5- Gillibrand Meek (FL) Tauscher tive) the rules were suspended and the minute votes. Gillmor Meeks (NY) Taylor bill, as amended, was passed. Gingrey Melancon Terry The result of the vote was announced f Gonzalez Mica Thompson (CA) Gordon Michaud Thompson (MS) as above recorded. COLUMBIA-PACIFIC NATIONAL Granger Miller (FL) Tierney A motion to reconsider was laid on HERITAGE AREA STUDY ACT Green, Al Miller (MI) Turner the table. Green, Gene Miller (NC) Udall (CO) The SPEAKER pro tempore. The un- Grijalva Miller, George Udall (NM) f finished business is the vote on the mo- Gutierrez Mitchell Upton Hall (NY) Mollohan Van Hollen LOWER REPUBLICAN RIVER BASIN tion to suspend the rules and pass the Hall (TX) Moore (KS) Vela´ zquez Hare Moore (WI) STUDY ACT bill, H.R. 407, as amended, on which the Visclosky Harman Moran (VA) yeas and nays were ordered. Walden (OR) The SPEAKER pro tempore. The un- Hastert Murphy (CT) Walsh (NY) The Clerk read the title of the bill. Hastings (FL) Murphy, Patrick finished business is the vote on the mo- Walz (MN) Hayes Murphy, Tim tion to suspend the rules and pass the The SPEAKER pro tempore. The Wasserman Herseth Sandlin Musgrave question is on the motion offered by Schultz bill, H.R. 1025, on which the yeas and Higgins Nadler nays were ordered. the gentleman from Arizona (Mr. Hill Napolitano Watson GRIJALVA) that the House suspend the Hinojosa Oberstar Watt The Clerk read the title of the bill. Hirono Obey Waxman The SPEAKER pro tempore. The rules and pass the bill, H.R. 407, as Welch (VT) amended. Hobson Olver question is on the motion offered by Hodes Ortiz Weldon (FL) The vote was taken by electronic de- Holt Pallone Weller the gentlewoman from California (Mrs. vice, and there were—yeas 294, nays 80, Honda Pascrell Wexler NAPOLITANO) that the House suspend Hooley Pastor Whitfield the rules and pass the bill, H.R. 1025. not voting 58, as follows: Wilson (NM) Hoyer Payne This will be a 5-minute vote. [Roll No. 302] Inglis (SC) Pearce Wilson (OH) YEAS—294 Jackson (IL) Perlmutter Wilson (SC) The vote was taken by electronic de- Jackson-Lee Peterson (MN) Wolf vice, and there were—yeas 370, nays 1, Abercrombie Bean Boswell (TX) Petri Woolsey not voting 61, as follows: Ackerman Becerra Boucher Johnson (GA) Pickering Wu Aderholt Berkley Boustany Jones (NC) Platts Wynn [Roll No. 303] Alexander Berman Boyd (FL) Jones (OH) Pomeroy Yarmuth Allen Berry Brady (TX) YEAS—370 Altmire Biggert Braley (IA) NAYS—80 Abercrombie Bachmann Bean Andrews Bilirakis Brown (SC) Ackerman Bachus Becerra Arcuri Bishop (GA) Burgess Bachmann Bonner Cantor Aderholt Baird Berkley Baca Bishop (NY) Butterfield Barrett (SC) Brown-Waite, Carter Alexander Baker Berman Bachus Blumenauer Calvert Bartlett (MD) Ginny Chabot Allen Baldwin Berry Baird Blunt Capito Barton (TX) Buchanan Conaway Altmire Barrett (SC) Biggert Baker Bono Capps Bilbray Burton (IN) Davis (KY) Andrews Barrow Bilbray Baldwin Boozman Cardoza Bishop (UT) Campbell (CA) Deal (GA) Arcuri Bartlett (MD) Bilirakis Barrow Boren Carnahan Blackburn Cannon Drake Baca Barton (TX) Bishop (GA)

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.001 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11446 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 7, 2007 Bishop (NY) Gingrey McGovern Simpson Terry Watson [Roll No. 304] Bishop (UT) Gohmert McHenry Sires Thompson (CA) Watt Blackburn Gonzalez McHugh Skelton Thompson (MS) Waxman YEAS—373 Blumenauer Goodlatte McIntyre Smith (NE) Thornberry Welch (VT) Abercrombie Dingell Lampson Blunt Gordon McKeon Smith (NJ) Tiberi Weldon (FL) Ackerman Doggett Langevin Bonner Granger McNerney Smith (TX) Tierney Weller Aderholt Donnelly Larsen (WA) Bono Green, Al McNulty Smith (WA) Turner Westmoreland Alexander Drake Larson (CT) Boozman Green, Gene Meehan Snyder Udall (CO) Wexler Allen Duncan Latham Boren Grijalva Meek (FL) Solis Udall (NM) Whitfield Altmire Ehlers LaTourette Boswell Gutierrez Meeks (NY) Space Upton Wicker Andrews Ellison Lee Boucher Hall (NY) Melancon Spratt Van Hollen Wilson (NM) Arcuri Ellsworth Levin Boustany Hall (TX) Mica Stark Vela´ zquez Wilson (OH) Baca Emanuel Lewis (CA) Boyd (FL) Hare Michaud Stearns Visclosky Wilson (SC) Bachmann Emerson Lewis (GA) Brady (TX) Harman Miller (FL) Stupak Walberg Wolf Bachus English (PA) Lewis (KY) Braley (IA) Hastert Miller (MI) Sullivan Walden (OR) Woolsey Baird Eshoo Linder Brown (SC) Hastings (FL) Miller (NC) Sutton Walsh (NY) Wu Baker Etheridge Lipinski Brown-Waite, Hastings (WA) Miller, Gary Tancredo Walz (MN) Wynn Baldwin Everett LoBiondo Ginny Hayes Miller, George Tanner Wamp Yarmuth Barrett (SC) Fallin Loebsack Buchanan Heller Mitchell Tauscher Wasserman Young (AK) Barrow Farr Lofgren, Zoe Burgess Hensarling Mollohan Taylor Schultz Young (FL) Bartlett (MD) Feeney Lowey Burton (IN) Herger Moore (KS) Barton (TX) Ferguson Lucas Butterfield Herseth Sandlin Moore (WI) NAYS—1 Bean Filner Lungren, Daniel Calvert Higgins Moran (VA) Paul Becerra Flake E. Campbell (CA) Hill Murphy, Patrick Berkley Forbes Lynch Cannon Hinojosa Murphy, Tim NOT VOTING—61 Berman Fossella Mack Cantor Hirono Musgrave Akin Engel McMorris Berry Foxx Mahoney (FL) Capito Hobson Myrick Boehner Fattah Rodgers Biggert Franks (AZ) Manzullo Capps Hodes Nadler Boyda (KS) Fortenberry Moran (KS) Bilbray Frelinghuysen Markey Cardoza Hoekstra Napolitano Brady (PA) Frank (MA) Murphy (CT) Bilirakis Gallegly Marshall Carnahan Holt Neugebauer Brown, Corrine Gilchrest Murtha Bishop (GA) Garrett (NJ) Matheson Carney Honda Nunes Buyer Goode Neal (MA) Bishop (NY) Gerlach Matsui Carter Hooley Oberstar Camp (MI) Graves Peterson (PA) Bishop (UT) Giffords McCarthy (CA) Castle Hoyer Obey Capuano Hinchey Pitts Blackburn Gillibrand McCarthy (NY) Castor Inglis (SC) Olver Blumenauer Gillmor McCaul (TX) Carson Holden Price (NC) Chabot Issa Ortiz Costello Hulshof Blunt Gingrey McCollum (MN) Pryce (OH) Chandler Jackson (IL) Pallone Crowley Hunter Bonner Gohmert McCrery Reichert Clarke Jackson-Lee Pascrell Cubin Inslee Bono Gonzalez McDermott Clay (TX) Pastor Culberson Israel Schiff Boozman Goodlatte McGovern Cleaver Jindal Payne Cummings Jefferson Shimkus Boren Gordon McHenry Clyburn Johnson (GA) Pearce Davis, Jo Ann Johnson (IL) Shuler Boswell Granger McHugh Coble Johnson, Sam Pence DeGette Johnson, E. B. Slaughter Boucher Green, Al McIntyre Cohen Jones (NC) Perlmutter Dicks Kilpatrick Souder Boustany Green, Gene McKeon Cole (OK) Jones (OH) Peterson (MN) Doolittle Lantos Tiahrt Boyd (FL) Grijalva McNerney Conaway Jordan Petri Doyle Maloney (NY) Towns Brady (TX) Gutierrez McNulty Conyers Kagen Pickering Dreier Marchant Waters Braley (IA) Hall (NY) Meehan Cooper Kanjorski Platts Edwards Marshall Weiner Brown (SC) Hall (TX) Meek (FL) Costa Kaptur Poe Brown-Waite, Hare Meeks (NY) Courtney Keller Pomeroy ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Ginny Harman Melancon Cramer Kennedy Porter The SPEAKER pro tempore (during Buchanan Hastert Mica Crenshaw Kildee Price (GA) the vote). Members are advised 2 min- Burgess Hastings (FL) Michaud Cuellar Kind Putnam utes remain in this vote. Burton (IN) Hastings (WA) Miller (FL) Davis (AL) King (IA) Radanovich Butterfield Hayes Miller (MI) Davis (CA) King (NY) Rahall b 1905 Calvert Heller Miller (NC) Davis (IL) Kingston Ramstad Campbell (CA) Hensarling Miller, Gary Davis (KY) Kirk Rangel Mr. FLAKE changed his vote from Cannon Herger Miller, George Davis, David Klein (FL) Regula ‘‘nay’’ to ‘‘yea.’’ Cantor Herseth Sandlin Mitchell Davis, Lincoln Kline (MN) Rehberg So (two-thirds being in the affirma- Capito Higgins Mollohan Davis, Tom Knollenberg Renzi Capps Hill Moore (KS) Deal (GA) Kucinich Reyes tive) the rules were suspended and the Cardoza Hinojosa Moore (WI) DeFazio Kuhl (NY) Reynolds bill was passed. Carnahan Hirono Moran (VA) Delahunt LaHood Rodriguez The result of the vote was announced Carney Hobson Murphy (CT) DeLauro Lamborn Rogers (AL) as above recorded. Carter Hodes Murphy, Patrick Dent Lampson Rogers (KY) Castle Hoekstra Murphy, Tim Diaz-Balart, L. Langevin Rogers (MI) A motion to reconsider was laid on Castor Holt Musgrave Diaz-Balart, M. Larsen (WA) Rohrabacher the table. Chabot Honda Myrick Dingell Larson (CT) Ros-Lehtinen Stated for: Chandler Hooley Nadler Doggett Latham Roskam Mr. MURPHY of Connecticut. Mr. Speaker, Clarke Hoyer Napolitano Donnelly LaTourette Ross on rollcall No. 303, had I been present, I Clay Inglis (SC) Neugebauer Drake Lee Rothman Cleaver Issa Nunes Duncan Levin Roybal-Allard would have voted ‘‘yea.’’ Clyburn Jackson (IL) Oberstar Ehlers Lewis (CA) Royce f Coble Jackson-Lee Obey Ellison Lewis (GA) Ruppersberger Cohen (TX) Olver Ellsworth Lewis (KY) Rush NATIONAL PHYSICAL EDUCATION Cole (OK) Jindal Ortiz Emanuel Linder Ryan (OH) AND SPORTS WEEK Conaway Johnson (GA) Pallone Emerson Lipinski Ryan (WI) Conyers Johnson, Sam Pascrell English (PA) LoBiondo Salazar The SPEAKER pro tempore. The un- Cooper Jones (NC) Pastor Eshoo Loebsack Sali finished business is the vote on the mo- Costa Jones (OH) Paul Etheridge Lofgren, Zoe Sa´ nchez, Linda tion to suspend the rules and agree to Courtney Jordan Payne Everett Lowey T. Cramer Kagen Pearce Fallin Lucas Sanchez, Loretta the resolution, H. Res. 371, on which Crenshaw Kanjorski Pence Farr Lungren, Daniel Sarbanes the yeas and nays were ordered. Cuellar Kaptur Perlmutter Feeney E. Saxton The Clerk read the title of the resolu- Culberson Keller Peterson (MN) Ferguson Lynch Schakowsky tion. Davis (AL) Kennedy Petri Filner Mack Schmidt Davis (CA) Kildee Pickering Flake Mahoney (FL) Schwartz The SPEAKER pro tempore. The Davis (IL) Kind Platts Forbes Manzullo Scott (GA) question is on the motion offered by Davis (KY) King (IA) Poe Fossella Markey Scott (VA) the gentleman from Pennsylvania (Mr. Davis, David King (NY) Pomeroy Foxx Matheson Sensenbrenner Davis, Lincoln Kingston Porter ALTMIRE) that the House suspend the Franks (AZ) Matsui Serrano Davis, Tom Kirk Price (GA) Frelinghuysen McCarthy (CA) Sessions rules and agree to the resolution, H. Deal (GA) Klein (FL) Putnam Gallegly McCarthy (NY) Sestak Res. 371. DeFazio Kline (MN) Radanovich Garrett (NJ) McCaul (TX) Shadegg This will be a 5-minute vote. Delahunt Knollenberg Rahall Gerlach McCollum (MN) Shays The vote was taken by electronic de- DeLauro Kucinich Ramstad Giffords McCotter Shea-Porter Dent Kuhl (NY) Rangel Gillibrand McCrery Sherman vice, and there were—yeas 373, nays 0, Diaz-Balart, L. LaHood Regula Gillmor McDermott Shuster not voting 59, as follows: Diaz-Balart, M. Lamborn Rehberg

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.001 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 11447 Renzi Sestak Udall (CO) for 1 minute and to revise and extend STATE DEPARTMENT’S HUMAN Reyes Shadegg Udall (NM) Reynolds Shays Upton his remarks.) RIGHTS REPORT Rodriguez Shea-Porter Van Hollen Mr. MCDERMOTT. Mr. Speaker, as The SPEAKER pro tempore. Under a Rogers (AL) Sherman Vela´ zquez we continue our debate on funding for previous order of the House, the gen- Rogers (KY) Shuster Visclosky Iraq escalation, I want to share a new Rogers (MI) Simpson Walberg tleman from New Jersey (Mr. PALLONE) Rohrabacher Sires Walden (OR) version of a well-known poem entitled is recognized for 5 minutes. Ros-Lehtinen Skelton Walsh (NY) Humpty Dumpty: Mr. PALLONE. Mr. Speaker, each Roskam Smith (NE) Walz (MN) Bush, Cheney and others had a great call— year, the Department of State issues a Ross Smith (NJ) Wamp Rothman Smith (TX) Wasserman Remake Iraq, it will be such a ball. report outlining the human rights Roybal-Allard Smith (WA) Schultz Now all Bush’s troops and all daddy’s men practices of various Nations, and I ob- Royce Snyder Watson can’t put Iraq back together again. ject this evening to the inaccuracies in Ruppersberger Solis Watt Our soldiers keep dying, day after day. the Armenia section of the 2006 Coun- Rush Space Waxman So why put up with more endless delay? try Reports on Human Rights Prac- Ryan (OH) Spratt Welch (VT) Let’s just acknowledge what everyone Ryan (WI) Stark Weldon (FL) knows: tices. Salazar Stearns Weller Bush didn’t and doesn’t have any clothes. Originally, the State Department Sali Stupak Westmoreland issued erroneous language about Arme- Sa´ nchez, Linda Sullivan Wexler He broke it, can’t fix it, doesn’t know how; T. Sutton Whitfield Mission impossible: out of Iraq now. nia being an occupier of Azerbaijani Sanchez, Loretta Tancredo Wicker territory and Nagorno-Karabakh, the Sarbanes Tanner Wilson (NM) f report was substantively revised with Saxton Tauscher Wilson (OH) more balanced, although still not fully Schakowsky Taylor Wilson (SC) b 1915 Schmidt Terry Wolf accurate, wording and then revised Schwartz Thompson (CA) Woolsey CONGRESS NEEDS TO STOP THE again to restore the original inaccurate Scott (GA) Thompson (MS) Wu PRICE GOUGING NOW language. Scott (VA) Thornberry Wynn I am deeply disturbed by the State Sensenbrenner Tiberi Yarmuth (Mr. DEFAZIO asked and was given Serrano Tierney Young (AK) Department’s mischaracterization of Sessions Turner Young (FL) permission to address the House for 1 the Nagorno-Karabakh conflict. It is minute.) NOT VOTING—59 unprecedented and counterproductive Mr. DEFAZIO. Mr. Speaker, I paid to our government’s goal of actively Akin Engel McCotter $3.43 a gallon for gas in Springfield, Or- Boehner Fattah McMorris promoting constructive engagement in Boyda (KS) Fortenberry Rodgers egon. My colleague GREG WALDEN paid the peace negotiations of the region. It Brady (PA) Frank (MA) Moran (KS) $3.99 on the east side of the Cascades. also sets a troubling example by allow- Brown, Corrine Gilchrest Murtha Something a little fishy here because, ing a foreign State, in this case Azer- Buyer Goode Neal (MA) a year ago today, oil prices were $66.85 Camp (MI) Graves Peterson (PA) baijan, to shape the assessments of our Capuano Hinchey Pitts a barrel. Today, they are $63 a barrel. human rights report. Carson Holden Price (NC) The price of crude oil is down, but the To assert that Nagorno-Karabakh is Costello Hulshof Pryce (OH) price of gasoline at the pump is up, Azerbaijani territory or that Armenia Crowley Hunter Reichert Cubin Inslee Schiff way up. occupies Nagorno-Karabakh and other Cummings Israel Shimkus And what is the cause? They say, oh, territories is simply wrong. This Davis, Jo Ann Jefferson Shuler well, we forgot, we had to clean and version ignores the reality that the DeGette Johnson (IL) Slaughter maintain the refineries, and gee, we’ve current conflict is about the self-deter- Dicks Johnson, E. B. Souder Doolittle Kilpatrick Tiahrt had to shut ’em down. Does this remind mination of the people of Nagorno- Doyle Lantos Towns anybody else of Enron? Enron/Exxon, Karabakh. Dreier Maloney (NY) Waters they’re interchangeable. Like many other ethnic autonomous Edwards Marchant Weiner Enron would shut down plants to regions with the status of Oblast under ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE drive up the cost of electricity and the Soviet Constitution, the people of The SPEAKER pro tempore (during make wild profits. Exxon and the other Nagorno-Karabakh declared their inde- the vote). Members are advised 2 min- big oil companies are doing the same pendence. They then conducted a ref- utes remain in this vote. thing. They’re using refinery repairs erendum as set forth in the same So- and maintenance as an excuse to price- viet Constitution, and they are now an b 1911 gouge the American people. independent republic and should be rec- So (two-thirds being in the affirma- Congress needs to stop the price ognized as a Nation, just like Azer- tive) the rules were suspended and the gouging now. baijan, Armenia and any other former resolution was agreed to. Soviet Republic. The situation has ab- The result of the vote was announced f solutely nothing to do with Armenia. as above recorded. The only role Armenia plays in this GENERAL LEAVE A motion to reconsider was laid on conflict is that country’s part in peace the table. Mr. PALLONE. Mr. Speaker, I ask negotiations. unanimous consent that all Members Mr. Speaker, I am concerned that Ar- f may have 5 days to revise and extend menia is being characterized as an PERSONAL EXPLANATION their remarks and include extraneous abuser of human rights in the region material on H.R. 1642. when it is Azerbaijan who continues to Ms. KILPATRICK. Mr. Speaker, due to offi- The SPEAKER pro tempore (Mr. maintain a blockade of both Nagorno- cial business in the 13th Congressional District PERLMUTTER). Is there objection to the Karabakh and Armenia, and regularly of Michigan, I was unable to be present for request of the gentleman from New threatens a new wave of violence three votes. Had I been present, I would have Jersey? against Nagorno-Karabakh. voted ‘‘yea’’ on H.R. 407, the Columbia-Pacific There was no objection. Such misrepresentations will under- National Heritage Area Study Act; ‘‘yea’’ on mine our Nation’s credibility as an im- H.R. 1025, the Lower Republican River Basin f partial mediator and jeopardize pros- Study Act; and ‘‘yea’’ on H. Res 371, In ob- pects for successful peace negotiations. SPECIAL ORDERS servance of National Physical Education and It could also have a negative impact on Sports Week. The SPEAKER pro tempore. Under U.S.-Armenia relations. f the Speaker’s announced policy of Jan- Our common aim as a country should uary 18, 2007, and under a previous be to focus on workable diplomacy that HUMPTY DUMPTY order of the House, the following Mem- brings parties together in the spirit of (Mr. MCDERMOTT asked and was bers will be recognized for 5 minutes conflict resolution, not to cause addi- given permission to address the House each. tional tension by introducing new and

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.001 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11448 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 7, 2007 controversial elements into an already as open as ever because our govern- bringing our troops home and to work- complex negotiating process. ment does not have the moral will to ing with the Iraqi people to stabilize Mr. Speaker, the United States has a enforce the rule of law. their infrastructure and social pro- long history of supporting Nagorno- And that’s just the way it is. grams, programs that will provide Karabakh’s democracy and its right to f health care, education and jobs. These live in freedom and peace. The State are the most important needs for the Department has never made assertions A HEALTH CHECKUP FOR IRAQ Iraqis. in previous reports about Armenia The SPEAKER pro tempore. Under a It is time, Mr. Speaker, to bring our being an occupier of Azerbaijani terri- previous order of the House, the gentle- troops home. It is time to provide a fu- tory and Nagorno-Karabakh. woman from California (Ms. WOOLSEY) ture of hope for the Iraqi people. Last week, I sent a letter to Sec- is recognized for 5 minutes. f retary Rice with my concerns over the Ms. WOOLSEY. Mr. Speaker, a very RENAMING THE DEPARTMENT OF State Department report’s language, disturbing report emerged from Iraq THE NAVY and I urged her to quickly reverse the last week. According to press reports, State Department’s mischaracteriza- medical students in Iraq will be denied The SPEAKER pro tempore. Under a tion. diplomas even though they have com- previous order of the House, the gen- f pleted all of the coursework and passed tleman from North Carolina (Mr. all of the required testing. This means JONES) is recognized for 5 minutes. ILLEGAL IMMIGRATION IS A Mr. JONES of North Carolina. Mr. WORLD CRISIS that they would only be allowed to practice in Iraq, and no other country Speaker, I would like to thank Armed The SPEAKER pro tempore. Under a will accept their medical training or Services Chairman IKE SKELTON for in- previous order of the House, the gen- let them practice in the new country, cluding language in this year’s Defense tleman from Texas (Mr. POE) is recog- even though they have met all of the authorization bill to change the name nized for 5 minutes. requirements. of the Department of the Navy to be Mr. POE. Mr. Speaker, France has a This harkens back to the Iraq we the Department of the Navy and Ma- new President, Nicolas Sarkozy. While knew under Saddam Hussein’s rule. rine Corps. the world waits to see if he will give I also thank Ranking Member DUN- Saddam refused to grant diplomas to vigor and energy and leadership to his CAN Hunter who in the past has also in- medical students in order to keep them complex and sometimes difficult cluded this language in the Defense au- in the country. Who would have French people, his position on illegal thorization bill. This will be the sixth thought that the new Iraq government immigration is quite clear. year that the House will send legisla- would resort to Saddam Hussein’s old Europe has its influx of illegals, not tion to the Senate that supports this tricks? This is an alarming and trou- unlike the United States. Northern Af- change. I hope that this year the Sen- bling trend, and it should be reversed ricans are fleeing their native lands for ate will agree that this change is long Europe. They go mostly to Spain, immediately. overdue. where French President-elect Sarkozy While dozens of international med- Since 1947, Congress has twice af- accuses Spain of promoting amnesty in ical relief organizations have been firmed that the Marine Corps is a sepa- that Nation. Of course, once in Spain, forced to leave Iraq because of serious rate military service within the De- it seems these illegals can roam Eu- security concerns, Iraqis have fewer partment of the Navy. In 1947, the Na- rope with ease. and fewer medical professionals avail- tional Security Act stated that we Mr. Sarkozy claims Spain wants to able to them. have four separate military services: give amnesty to now 600,000 illegals in A well-known organization, Doctors the Army, the Air Force, the Navy and its Nation. Mr. Sarkozy wants to ban Without Borders, related the story of the Marine Corps. European Nations from offering am- one doctor, Dr. Bassam. He is an Iraqi In 1986, the Goldwater-Nichols Act nesty. He wants to bolster the EU bor- physician specializing in orthopedic stated that each service’s commanding der agency, the group that parols the surgery living with his family in Bagh- officer serves equally as a member of African coast, with more police forces dad. the Joint Chiefs of Staff. That is, the and use of the military to prevent the His story says: Now, security issues Marine Corps and the Navy are coequal illegal landings in Europe. have top priority for the few existing partners. The Marines do not serve be- It is interesting to note, Mr. Speaker, financial resources, and medical needs neath the Navy; they are an equal that Morocco, one of the Nations where are forced to take a back seat. This team. people illegally flee to Europe from, morning, dozens of people were killed Mr. Speaker, that is why I have again wants the illegal flight to stop from its in Fallujah. Yesterday, it was Baghdad. introduced legislation, H.R. 346, to rec- Nation. Almost 40 percent of the Afri- And that’s not counting the wounded, ognize their coequal status by chang- cans that go to Europe by sea die in who add to the long list of emergency ing the name of the Department of the the process. This is a world crisis. Mo- cases packing the hospitals. Every day Navy to the Department of the Navy rocco wants to develop its native lands brings a new batch of dead and wound- and Marine Corps. with European aid to keep people ed. In this context, patients simply Not only has this change received the home, change the despair to hope by cannot receive proper treatment from full House Armed Services Committee economic development, quit sending its an increasingly overwhelmed health support, but also from former Navy problem to Europe but solve its prob- care system. Some are forced to sell secretaries and Marine Corps com- lem. African Nations see the answer to their car, or even their house, to get mandants. solving their economic problems is not certain kinds of care in the few hos- In a statement of support for this sending their populations to the north pitals able to provide it. legislation, the Honorable Wade Sand- to Europe. That is the end of his story. ers, Deputy Assistant Secretary of the Mr. Sarkozy wants the European Mr. Speaker, instead of locking peo- Navy for Reserve Affairs, 1993–1998, Union to have an EU-wide policy on il- ple in against their will, the Iraqi gov- stated, and I quote, ‘‘As a combat vet- legal immigration and deal with this ernment ought to be working with the eran and former Naval officer, I under- issue head-on instead of ignore the ob- international community to make Iraq stand the importance of the team dy- vious. We shall see if this cooperation a safe and prosperous place where peo- namic, and the importance of recog- with the EU and France and the Afri- ple want to raise their families, where nizing the contribution of team compo- can countries works to stop the illegal they want to stay, where they want to nents. The Navy and Marine Corps entry, and we wish Mr. Sarkozy well in put down roots and contribute to the team is just that: a dynamic partner- his presidency of France. local communities. ship, and is important to symbolically Meanwhile, back at home, here in the If this is going to happen, the United recognize the balance of that partner- United States, our borders seem to be States must dedicate our energies to ship.’’

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.001 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 11449 In addition, General Charles Krulak, I represent a heavily, heavily popu- At the senior center, I meet often 31st Commandant of the Marine Corps lated Asia Pacific community in south- with them. They take language stated, and I quote, ‘‘This bill is a per- ern California, I think the second most courses, computer classes and different fectly logical evolution in a series of populated in the country. The first exercise courses that help them to keep legislative initiatives designed, in part, group that makes up a large proportion busy in our community. Many of the to clarify and codify the role of the is Taiwanese and Chinese. The second seniors and their families and others United States Marine Corps. . . .I en- group is Filipino. I am very proud to have been touched by the immigration thusiastically support both the spirit have represented them for so many process recently. and intent.’’ years. In fact, I would say that the second General Carl Mundy, the 30th com- But I am here tonight to pay tribute largest case load in my district hap- mandant of the Marine Corps stated, to the many of them who provide us pened to be individuals of API descent. and I quote, ‘‘I believe the changes you with public service in government, They, just as much as anyone else, propose will do much to clarify the re- science, law and business, athletics and want to become naturalized citizens, lationship, responsibilities and func- in the arts. These communities that I and they are stepping up to the plate. tions of the appointed civilian author- represent are the cities of Monterey I was happy to host a citizenship forum ity over the United States Naval serv- Park, Rosemead, West Covina and the that we held in the City of Irwindale ices . . . I believe that any Secretary— San Gabriel Valley. Well over 120,000 recently, and I would say about 200 or present, past or future—will be very individuals represent that district. more families of API descent came for- proud to bear the title ‘Marine,’ as well They are Chinese, Japanese, Filipino, ward to become naturalized citizens. I as ‘Navy.’ ’’ Vietnamese, Korean and of Cambodian am proud that is happening in our com- The Honorable John Dalton, the 70th decent. As you know, they work hard, munity and across the country. Secretary of the Navy stated, and I like many immigrants that come to I am here to support, again, the ef- quote ‘‘One of the things for which I this country. Nearly 30 percent of the forts of the API caucus, which MIKE am most proud that I accomplished minority-owned businesses are owned HONDA leads, and to work with my col- during my tenure was moving the by Asian Pacific Islanders and African- leagues there on the tri-caucus to help headquarters of the Marine Corps into American women. In recent years, a put forward disparities and treatment the Pentagon. It was a controversial number of Asian and Pacific Islander in health care issues regarding API, decision, but I am convinced it was the women-owned businesses has increased the Hispanic community and the Afri- right thing to do. . . . Your legislation by 69 percent in the district. can-American community. We are would be another vital step to give According to the Chamber of Com- working together to bridge our gaps so that distinguished service the recogni- merce, Chinese Americans own at least that we can provide better services to tion it so greatly deserves.’’ two-thirds of Monterey Park’s more all Americans in all residents of our Before I close, I want to point out to than 5,000 businesses. I have long been country. I am happy and pleased to be the House that I have beside me the a supporter of a program called PACE, able to put this forward tonight in sup- Order of the Silver Star for Marines Pacific Asian Consortium in Employ- port of the API caucus. killed in Iraq. Marine Michael Bitz’ ment, which was founded back in 1976 f family received a Silver Star in his to address the employment and job THE ASIAN PACIFIC COMMUNITY memory. Yet when you look at this training needs of Asian Pacific Island- AND THE IRAQ WAR poster you will see an exact copy of the ers. Believe it or not, there are many The SPEAKER pro tempore. Under a article for the Secretary of the Navy, Asian Pacific Islanders who really do previous order of the House, the gentle- Washington D.C., and the Navy flag. need the support of the Federal Gov- All this legislation will do, all this woman from Texas (Ms. JACKSON-LEE) ernment and our various forms of gov- is recognized for 5 minutes. legislation will do, is to make the Navy ernment to help them succeed in our Ms. JACKSON-LEE of Texas. Let me and the Marine Corps an equal partner. country. take this opportunity, before I address You can see if these orders were issued Today it provides workforce develop- the question our soldiers in Iraq, to and this bill had become law, it would ment, housing services, business assist- thank Mr. HONDA for convening this say the Secretary of the Navy and the ance and early childhood education in special order on the Asian Pacific com- Marine Corps with the Navy flag and Los Angeles county. I would especially munity of this Nation and to thank the Marine flag for this brave marine like to recognize a good friend of mine, him for his leadership of the Asian Pa- who gave his life for this country. Kerry Doi, with whom I have worked cific Caucus, of which I am a member I hope this year that the House under for a number of years, whom I am ex- and to acknowledge the Asian Pacific the leadership of IKE SKELTON will de- tremely proud of. Earlier this year, his community in Houston, Texas, a thriv- mand that the Senate agree to the program, known as PACE, and the As- ing community so diverse and so re- House position and change the name to sociation for Enterprise Opportunity spected. be the Department of Navy and Marine Women and Company, chose 10 promi- I am reminded of the unity that was Corps. nent small business owners to give exhibited as Katrina survivors who f $1,000 checks to. were Asian Pacific Islanders came into b 1930 You may think that’s not a lot of Houston. Both Mr. HONDA and myself money, but for first-time business own- worked on the issue of language and ASIAN PACIFIC AMERICAN ers of Asian Pacific descent, it meant a representation and resources, and the HERITAGE MONTH lot. I am proud of the work they are Asian Pacific community in Houston The SPEAKER pro tempore (Mr. doing to help all small business owners, was so united and so supportive so that PERLMUTTER). Under a previous order including those of API heritage, to suc- these new visitors, these strangers in a of the House, the gentlewoman from ceed. different land, would feel welcome. California (Ms. SOLIS) is recognized for I have also worked closely with the Let me also acknowledge that I have 5 minutes. East San Gabriel Valley Japanese Com- the privilege of representing not only a Ms. SOLIS. Mr. Speaker, I rise today munity Center and the Monterey Park very strong Vietnamese business com- to pay tribute to the millions of Ameri- Langley Senior Center, predominantly munity, but also the original China- cans of Asian and Pacific Islander her- of Asian descent. I am proud to have town in Houston. So my hat goes off itage. I would like to thank my good these organizations in my district be- and salutes the outstanding leaders in friend, Congressman MIKE HONDA, for cause they are wonderful places where that community, scientists, educators, leading the special orders tonight on individuals from this community can businesspersons, public servants, and, Asian Pacific American Heritage gather and have social time, artistic as well, I thank them for the wonderful Month and providing us with this op- time, recreational time and share their service that they give and the oppor- portunity to speak to you tonight. culture with each other. tunity to work together with them.

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.001 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11450 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 7, 2007 This is an outstanding tribute to be 2007. Declare a military victory, our tinuing situation in Vietnam, where able to honor the Asian Pacific Is- soldiers have been victorious. Let them human rights and religious freedoms, lander community in the month of come home to yellow ribbons and cele- remain a distant dream for the peoples May. brations and their families, have them of that country. Let me also acknowledge that the Vi- prepared, stronger, increased, a strong- Now is the time to remember and to etnamese community will have its first er military, with the right kind of celebrate the successes and the con- cultural event gala where it honors he- equipment. tributions that Asian Americans and roes and public servants from around Let the generals logistically plan Pacific Islanders bring to the diversity the Nation. how they will redeploy, possibly to the of America. I would hope that as we look to the Kuwait borders and to the other bor- Although it is important to recognize greatness of America, we will find it in ders, but let them come home. We are the achievements made by this com- our hearts to be able to address the not trying to dictate to the generals munity, Asian Pacific American Herit- question of the tragedy in Iraq. It is a how to redeploy, what the logistics age Month must also provide a forum tragedy that continues to grow. Every would be, but we are only saying that to focus on the problems that face time you turn the corner, turn the the policy is a failed policy, and our these communities, such as affordable news on or read a newspaper article, it soldiers must come home. No more housing, racial profiling, and language is disintegrating and deteriorating. headlines, Army general predicts rise barriers. Today in the newspaper it says an in U.S. casualties, no more headlines In particular, the health care issues Army general predicts a rise in casual- eight troops dead and continuing to die that are so important, so many health ties. So at the back of the surge the with no solution and no end. care issues that happened in this par- President says will have solved the I ask my colleagues to review H.R. ticular community like hepatitis C, di- conflict in Iraq, we will see, tragically 930 and ask the President and this Con- abetes, and some of the other larger in the words of Major General Rick gress to find a way that we can work issues which affect us all. Lynch, who is working with the 3rd In- together. One of the problems facing the APAC community is the perception that all fantry Division, ‘‘Casualties will climb f as American troops dig into enemy ter- the members of their communities are ritory as part of the stepped-up mili- ASIAN PACIFIC AMERICAN thriving. If you are Asian or Pacific Is- tary operation ordered by President HERITAGE MONTH lander, you must be going to the Bush in January.’’ The SPEAKER pro tempore. Under a Berkeleys of the world, you must be His sentence does not say how we previous order of the House, the gentle- doctors, you must be thriving, you will resolve the conflict. It doesn’t say woman from California (Ms. LORETTA must be engineers, you must be great that it results in any positive end. It SANCHEZ) is recognized for 5 minutes. business people. But the reality is that doesn’t say that we will be victorious Ms. LORETTA SANCHEZ of Cali- there are large populations, API popu- in that effort, it says that the lives of fornia. Mr. Speaker, this month is lations who still have low access to Americans will be lost. We, as Ameri- Asian Pacific American Heritage real quality education and they face cans, believe that when we go to war, Month. This is a national celebration tremendous language barriers. The API the Nation goes to war. Therefore, it is which continues to highlight and bring community has come a long way, sacri- important to have a mission to have a awareness to the many contributions ficing for our country and contributing conclusion to that mission. of the Asian Pacific Americans who to our growth and prosperity, and I Compounded to that issue, we show have made this country their home. look forward to continuing that rela- that attacks killed eight U.S. troops. I want to thank Mr. HONDA, who will tionship with the Asian Pacific Is- They kill them because they are being be leading a special order in just a few lander community to celebrate its con- killed by IEDs. They kill them because minutes, with respect to all the accom- tributions and to overcome the ongoing there is no mission, there is no policy, plishments of the Asian Pacific Ameri- challenges that these communities there is no political policy. There is no cans in the United States. face. end, there is no beginning. I am fortunate to represent one of f the largest Asian Pacific populations So I ask the President to sit down b 1945 with this Congress and be able to rein Orange County, California. It’s full solve this by, one, leaving in the lan- of Japanese, Korean, Hmong, Cam- ASIAN PACIFIC AMERICAN guage that says, we will redeploy the bodians, Laotians, Chinese, Hawaiian HERITAGE MONTH troops by July, 2007, or, at the latest, Pacific Islanders and, of course, the The SPEAKER pro tempore (Mr. October, 2007, have a rational policy for largest Vietnamese population outside PERLMUTTER). Under a previous order exiting from the conflict that is caus- the world resides in Orange County, of the House, the gentleman from Min- ing the mounting lives that are lost. California. Representing that commu- nesota (Mr. ELLISON) is recognized for 5 In addition, lives are being lost in Af- nity I see firsthand the rich culture minutes. ghanistan of a civilian population, and the contributions and all of these Mr. ELLISON. Mr. Speaker, this lives of the civilian Iraqis are being communities bring to my hometown of month marks a special opportunity to lost, and there is no response from this Anaheim and Orange County. pay tribute to the contributions of administration. More than 30 years ago, with when Asian Americans and Pacific Islander While there they are wining and din- the Vietnamese arrived, my district Americans. In our community, we have ing, I would simply ask in addition to was full of orange groves. They took a great opportunity to recognize this that responsibility, let us find a con- these orange groves, some of the dilapi- dynamic force of creativity in our Na- clusion to the war in Iraq by reconcili- dated commercial centers, and they tion, and I welcome the opportunity to ation and compromise between the ex- made these block-long business dis- do so and I thank my colleague MIKE ecutive and, of course, the Congress. tricts that generate today, multibillion HONDA for hosting this special order to- We cannot tolerate any more headlines dollars for our local economy. night. like this, mothers and fathers, hus- While being an integrated part of the An estimated 180,000 Asian Pacific Is- bands and wives are asking why, when American social fabric is important, landers representing a diverse commu- there is no end. The soldiers are our he- these communities also bring with nity of backgrounds and cultures and roes. They have done their job. We them a rich awareness of what is going experiences make their homes in Min- have said this over and over. on around the world, in particular, nesota, with an estimated 32,000 in the I commend to this body H.R. 930, my what happens in their homeland. Fifth Congressional District alone. legislation, Military Success in Iraq I enjoy an open dialogue, for exam- Minnesota serves as home to one of the and Diplomatic Surge for National and ple, with the Vietnamese American Nation’s largest Hmong population, es- Political Reconciliation in Iraq Act of community, especially about the con- timated at nearly 80,000. In Minnesota,

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.001 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 11451 we boast 2 members of our State legis- can make the American dream a re- stituents and organizations based in lators who have Hmong American her- ality for all Americans. my district are really making an im- itage, Senator Mee Moua and Rep- f pact in many of these fields. An organi- resentative Cy Thao. The Hmong zation that I am very proud to rep- ASIAN PACIFIC AMERICAN American story in Minnesota is resent is Asian Health Services. This HERITAGE MONTH quintessentially Minnesotan and we agency has served thousands of people are proud of our Hmong community. The SPEAKER pro tempore. Under a who cannot afford basic services such The Hmong story is quintessentially previous order of the House, the gentle- as health care and mental health serv- an immigrant story as well, a story woman from California (Ms. LEE) is ices. Our Asian community is so di- coming from their land to a new one to recognized for 5 minutes. verse that Asian Health Services has make success here in America, over- Ms. LEE. Mr. Speaker, I would like translators that speak nine different coming the many difficulties, strug- to thank my good friend and colleague languages. When it comes to health gling, persevering, while retaining love and neighbor, Congressman Mike care justice, this agency advocates for for their land of origin, finding tremen- Honda, first for his leadership on so those with no voice by working with dous love and loyalty in their new many issues, and, secondly, for orga- elected officials to create policies that home as well. nizing a special order tonight to cele- meet the essential mental health and The Asian American and Pacific Is- brate the contributions of Asian Pa- health care needs. landers make a valuable contribution cific Americans, but also to celebrate I also want to mention the Asian Pa- to every aspect of American life and Asian Pacific American Heritage cific Environmental Networks. This Minnesota life, from business, edu- Month. agency is a powerful grassroots organi- We have the pleasure of representing cation, to arts to military. We will al- zation and has done incredible work to the California Bay Area together. It is ways remember Qixing Lee, a young provide housing for the waitresses and really an honor and a magnificent chal- man who graduated from North High the security guards and the janitors lenge and an exciting part of my dis- School of Hmong American heritage that keep our community working. trict to bring all of our diverse commu- who lost his life in this conflict in Iraq. They have negotiated with developers nities together, to support many, many Their contributions and unique addi- to set aside 465 units of housing for low issues as minority communities. So the tions to our life have enhanced the Asian Pacific American community is and extremely low income individuals. moral fabric and character of our State one of those communities that is in- To further aid this community, the and our great country. credibly diverse in my district and also network has negotiated 300 entry-level As we celebrate the many contribu- in our Nation, but also plays an in- construction career path placements, tions of the Asian American-Pacific Is- creasingly important role in the devel- allowing constituents to gather the lander community, let us not lose sight opment of our Nation. With over 14 tools that they need for success. of the cornerstone of their contribu- million people and 24 ethnic groups, This is truly an important time to tions and to the very foundation of this they encompass vast histories and rich reflect upon the accomplishments and country, immigration. Immigration cultures. the achievements of the APA commu- has played a vital role in the entire In many ways, the APA community nity. The United States is strong be- making of America, whether the immi- is seen as a model minority commu- cause of its diversity and its immigrants are from Europe, Africa, wheth- nity, but the truth is the very same grants. I am proud to be a member of er they are from Asia, or Latin and challenges, like access to health care the Asian Pacific American Caucus and Central America. But immigration no and education, that other communities our Tri-Caucus which reflects the beau- doubt has played a vital role in the cre- face are also obstacles to be overcome ty and diversity of our country. Let us ation and success of our country, and by Asian Pacific Americans. For exam- rededicate ourselves tonight to eradi- must be looked at as a vital American ple, nearly 2.4 million Asian American cate the disparities and the discrimina- strength as we look forward in this and Pacific Islanders are without tion against the Asian Pacific Amer- 110th Congress. health insurance, and about 13 percent ican community and to celebrate the As the Democratic-led House leads of Asian Pacific American children are great contributions. the way on immigration reform, I be- uninsured. Diseases such as diabetes I want to thank Congressman HONDA lieve that we must look at comprehen- are on the rise and one of the leading again for his leadership, and for mak- sive reform, not shock radio sound causes of mortality among Asian Pa- ing sure that justice prevails for the bites. Reform that fully recognizes the cific Americans. Asian Pacific American community, contribution of immigrants have made Congressman HONDA and I also co- because his leadership and bringing to- and continue to make to our Nation is chair the Congressional Out-of-Poverty gether the diversity, closing the health as equally important as security on the Caucus, along with our colleagues Con- care gap with regard to minority com- border. Fair comprehensive immigra- gressman JOE BACA, Congressman G.K. munities, all of the issues that he tion policy must work to protect and BUTTERFIELD, and Congressman JOHN works on makes this House of Rep- unite families. Right now, an esti- CONYERS. We all are working to raise resentatives a better place. mated 1.5 million Asian and Pacific Is- awareness of all of these challenges and f landers face an immigration backlog are working on a plan to eradicate pov- ASIAN PACIFIC HERITAGE MONTH that has forced many families to live erty in our country. separated from their loved one for As with many minority communities, The SPEAKER pro tempore. Under years. This is a shame and must end. education plays a key role in ensuring the Speaker’s announced policy of Jan- As we celebrate the contributions of that the next generation of APAs are uary 18, 2007, the gentleman from Cali- Asian Americans and Pacific Islanders able to break free from the cycle of fornia (Mr. HONDA) is recognized for 60 to our Nation, let us use this occasion poverty. That is why I am a cosponsor minutes as the designee of the major- to take our great country in a new di- of H.R. 629, introduced by a colleague ity leader. rection and to higher heights, and to from Oregon, Congressman DAVID WU. GENERAL LEAVE meet the challenges facing all Ameri- This legislation would create institu- Mr. HONDA. Mr. Speaker, I ask cans, including Asian American and tions of higher education modeled after unanimous consent that all Members Pacific Islanders. As we have in the the historically black colleges and uni- may have 5 legislative days within first 100 days, let us take further steps versities and our Hispanic serving in- which to revise and extend their re- to change the way we do business in stitutions. This would establish a uni- marks, and include extraneous mate- Washington and defend our country, versity for the Asian Pacific American rial on the subject of my special order. grow our economy, care for all children community. The SPEAKER pro tempore. Is there and families, protect our planet, and Back at home in the Ninth Congres- objection to the request of the gen- restore accountability. Together, we sional District of California, my con- tleman from California?

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.001 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11452 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 7, 2007 There was no objection. ing and being liberated from a brutal but we all share a common love for this Mr. HONDA. Mr. Speaker, I would and extended occupation by the foreign country. like to call upon my colleague, Ms. power. So as we celebrate Asian Pacific BORDALLO, who hails from Guam. To all Americans I say this: To learn American Heritage Month, let us honor Ms. BORDALLO. Mr. Speaker, I rise of the experiences endured by these the contributions of all Asian and Pa- today in honor of Asian Pacific Herit- Americans during occupation and lib- cific Islander Americans, and let us ap- age Month and to recognize the con- eration will provide you invaluable preciate the cultural diversity, the pa- tributions of Asian and Pacific Island perspective on what it means to be an triotism and the communities that Americans to our Nation. First, I want American. In fact, before the House make our country, that make America to thank my colleague from California, this week is H.R. 1595, the Guam World so great. the Honorable Mr. HONDA, the chair- War II Loyalty Recognition Act. This Dangkulo na Si Yu’os Ma’ase. man of the Congressional Asian Pacific bill would help fulfill a moral obliga- Mr. HONDA. Mr. Speaker, I would American Caucus, for his distinct lead- tion on the part of our national govern- like to call upon our good friend, col- ership and dedication to the needs of ment to a group of citizens, the people league from Texas, Representative AL our communities. of Guam, most of whom were indige- GREEN. Every May during Asian Pacific nous Chamorros who bore the burden of Mr. AL GREEN of Texas. Mr. Speak- American Heritage Month, we recog- a brutal occupation. The people of er, I’m honored to be here tonight to nize the contributions Asian and Pa- Guam were brutalized through public celebrate Asian Pacific American Her- cific Island Americans make to the executions, beheadings, rape, and se- itage Month. And I want to especially United States economically, cul- vere injury, forced labor, forced march, thank Chairman HONDA for the out- turally, politically, throughout its his- and internment in concentration standing job that he has done, not only tory. Asian and Pacific Islander Ameri- camps. with this event, but also what he does cans continue to make notable and di- year round, year in and year out with b 2000 verse contributions to every aspect of our caucus, the Congressional Asian American life. Asian and Pacific Island H.R. 1595 is called the Loyalty Rec- Pacific American Caucus. I thank you Americans also serve public interests ognition Act because the loyalty of the for what you have done. by serving honorably in the United people of Guam to the United States Mr. Speaker, I represent the Ninth States Armed Services and ably at during this 32-month enemy occupation Congressional District in Houston, every level of government in the should be honored. Texas. The Ninth Congressional Dis- United States. I am proud to partici- It is a tragic injustice of history trict is one of the most diverse dis- pate in the effort to honor their con- that, following liberation, Congress did tricts in the country. It is 36 percent tributions to this country and cele- not provide for war claims for the peo- African American, 31 percent Hispanic, brate our heritage with this month’s ple of Guam in the same manner and 21 percent Anglo and 12 percent Asian. events. with the same opportunities that were And I am proud to say that this dis- Some people wonder why we continue afforded to other Americans. The peo- trict, the Ninth Congressional District, to celebrate cultural diversity. I re- ple who carried a disproportionate bur- has the ballot printed in three lan- spond by saying that doing so helps to den of the war were given less than guages, English, Spanish and Viet- remind us that while many of us have other Americans when it came time to namese, soon to have it in a fourth lan- no memory of fleeing oppression or de- make our Nation whole. Those who guage, Chinese. siring to live freely, many Vietnamese gave more in blood got less in recogni- I’m also proud to say that we have Americans can tell you of their desire tion. Asian Pacific American Heritage elected a Vietnamese to the State to live freely and the risks that they Month would be especially noteworthy House in the State of Texas. The hon- took fleeing communism to do so. Or, if this legislation were to be agreed to orable Hubert Vo is a State Represent- the experiences of some Korean Ameri- by the House of Representatives. ative from a district that is within my cans can help us better understand the Asians and Pacific Islanders have a Ninth Congressional District. importance of family and the hardships powerful story to tell, and they have a I am so honored that we have se- and the pain created as a result of love for this Nation that many take for lected the theme ‘‘Meeting the Chal- being kept apart from loved ones for granted. Our contribution to America lenges for Asian Pacific Americans.’’ generations. While many of our lives is not just the great food and the in- This is most appropriate. Why? Be- are relatively stable and certain, some triguing cultures that we have intro- cause in spite of discrimination and Chinese Americans or Japanese Ameri- duced to this land; it is also the stories degradation, Asian Americans have cans can inspire you with their stories of our incredible journeys to freedom. met the challenges for America. They of succeeding here in the United States Our heritage is our gift to this Na- were there when America needed a na- after arriving with no money and no tion. Our unique cultures have survived tional rail connectivity. In spite of dis- possessions. and continue to thrive because Amer- crimination and humiliation, they Freedom and economic opportunity ica has come to know and appreciate helped to construct the first trans- are attributes of the United States how our contributions enrich our Na- continental railroad. that have, for generations, inspired tion. When the greatest generation went hope among the repressed people of the I am very, very proud of the to war in World War II, they were world. Some of us take the United Chamorro culture on Guam and take there, not only for America, but for the States and the American way of life for every opportunity to share our culture entire world. Notwithstanding dehu- granted. The United States and the and our traditions. manization and incarceration, Ameri- privilege and the goodness of America’s Today it is worth reflecting on who cans of Japanese ancestry were some of way of life are particularly important we are as a Nation and what values we America’s most decorated soldiers. for at least two groups among the stand for. We are a Nation of immi- They were also there from the Phil- Asian and Pacific Islander American grants whose parents and grandparents ippines. During World War II, over community. They are Chamorro or Fil- have come to these shores seeking indi- 200,000 Filipinos fought in defense of ipino-Americans. And I say that be- vidual liberty, prosperity and human the United States of America. More cause Chamorro or Filipino-Americans dignity. The Nation we call our own is than half died. They answered Presi- are among the very few Americans who one of compassion and of justice. And dent Franklin Delano Roosevelt’s clar- can identify with heart-swelling pride when it comes to our heritage, we may ion call for help. They met the chal- inspired by witnessing the striking and be Chamorros, Hawaiian, Japanese, Sa- lenges of America, and it’s time for the unique beauty of the Stars and moan, Chinese, Filipino, Palauan, America to meet the challenges of the Stripes flying proudly at the top of Chuukese, Korean or any of the various Filipino veterans, who were promised, I flagpoles for the first time after endur- proud cultures of Asia and the Pacific, might add, the same benefits as other

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.001 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 11453 veterans and who have not received erans benefits in this country, let me it’s on education, housing, health care them to this day. talk about something else, and not in issues, SIPA is there to offer Filipino It is time for Congress to pass the general terms. Americans those services. Filipino Veterans Equity Act of 2007. It Let me talk to you a little bit about Mr. Speaker, to Mr. HONDA we say, is time to treat all who sacrificed dur- America’s leaders today and tomorrow. thank you for letting us have this oping World War II the same. Just yesterday I had the opportunity portunity to talk about the achieve- Asian Americans have been there for to award the winner of my Congres- ments, the accomplishments of people us. It is time for us to be there for sional Arts Competition, which we do of Asian Pacific and American descent. them. every year, so the one winner in my Clearly, these are Americans who have Mr. HONDA. Mr. Speaker, I would district in high school who has an op- persevered and excelled in this coun- like to call upon our good friend from portunity to present his or her piece of try. California, Congressman XAVIER art work in the Capitol of the United We could talk about the difficulties BECERRA. States is introduced on that day of the of discrimination and racism, the vio- Mr. BECERRA. Mr. Speaker, more selection. And that was yesterday. lence that has been experienced by than anything else I’d like to thank My winner, for the 31st Congressional many. But rather than that, I think Chairman MIKE HONDA from California District, was Julie Lee, a high school it’s better, most fitting to talk about for organizing tonight’s special order student in my congressional district today’s leaders, and tomorrow’s leaders to celebrate Asian Pacific American who did a phenomenal piece of art in this country. Heritage Month because it’s important work. She will be a leader tomorrow. So to one of today’s leaders, Con- for us to not only say it today, but We know it not just because of her ar- gressman MIKE HONDA, I say thank you have it recorded in the CONGRESSIONAL tistic talents, but because she came for letting us talk today about tomor- RECORD for all time that we appreciate forward to participate in this process. row’s leaders in this country as well. what members of American society I could name the various military And with that, with great pride in have done for us, especially members, academy nominees that I’ve sent off to, helping to celebrate Asian Pacific this month we want to celebrate of whether it’s West Point or the Air American Heritage Month, I yield back Asian Pacific American heritage, who Force Academy of Japanese, Chinese or the balance of my time. are Americans, patriotic, hardworking, Korean American descent that I’ve had Mr. HONDA. Just to comment about and in every respect trying to live the the pleasure and honor to send on to both Congressmen AL GREEN and XA- American dream. become leaders of this country. VIER BECERRA, they too are also mem- And so I stand here with a great deal Or I could simply talk about someone bers of the Congressional Black Caucus of pride as a Member of Congress who by the name of Christine Oh, who hap- and the Hispanic Caucus, and so they represents a portion of the city of Los pens to be a legislative assistant in my serve dual roles in their leadership. Angeles, a very diverse district with a Congressional office here, or Henry And I think CAPAC, the Congressional substantial Asian Pacific American Truong, who happens to be my execu- Asian Pacific American Caucus, enjoys population. I stand here as a very tive assistant here in my Washington, the leadership, experience and the in- proud member of the Congressional D.C. office, who many would consider sights of these two gentlemen, and it Asian Pacific American Caucus’ Execu- my gatekeeper because he decides what makes our caucus stronger and part- tive Committee. my schedule looks like; or perhaps ners with the other caucuses. And I also stand here very proud to Melvin Tabilas in my district office in And it’s no wonder that they come to say that on many occasions I’ve had Los Angeles, who is one of my field rep- Congress on behalf of the community the opportunity to author legislation resentatives who helps me manage an because the communities there trust very important to the Asian and Pa- area that has some 650,000 people there these two men and they trust their cific American community here in this to try to make sure we give the people leadership and their insights and their country, whether it has been the issue in my district the coverage they need. conscience. So to both I say, thank of reuniting families of Korean descent Or perhaps I could mention the you. who have not seen family members in names of people like Stuart Kwoh, who I’d like to call upon a Congress- North Korea for many, many years, or has been a champion for civil rights woman who hails from the Aloha State whether it’s been legislation to try to and simply the rights of Americans, es- who, I think, is probably the re-incar- help obtain justice for Asians of Latino pecially those of Asian Pacific Amer- nation of the spirit of Patsy Mink, descent who were deprived of their ican descent in Los Angeles through MAZIE HIRONO. rights back during World War II and his work with the Asian Pacific Amer- Ms. HIRONO. Mr. Speaker, I rise never, never received the recognition ican Legal Center. today to join my fellow Congressional they deserved to get their rights and Or I could speak to you about Grace Asian Pacific American Caucus, their property back. I had that oppor- Shimizu, who has been a champion to CAPAC members, and my other col- tunity. have restored to those Japanese Latin leagues in celebrating Asian Pacific But rather than talk about the 1882 Americans the rights they lost during American Heritage Month. Chinese Exclusion Act which began the World War II through the organization I’d like to, of course, thank Congress- whole process of discrimination and Campaign For Justice, which she is a man HONDA for organizing this special racism towards Asian and Pacific part of and leads. order tonight, and for his leadership Americans in this country, or rather Or I could mention Hyepin Im, who is shown throughout the year in his serv- than dwell much longer on the history the leader of the Korean Churches for ice as chairman of CAPAC. of the internment of Japanese Ameri- Community Development in the Los The heritage month theme is ‘‘Meet- cans, some 120,000 back during World Angeles area, now a national organiza- ing the Challenges for Asian Pacific War II for no reason, without due proc- tion, which tries to help, through the Americans.’’ The APA community has ess, when, in fact, we found out that Korean churches throughout this coun- come a long way since the days when Japanese Americans served this country, to bring Korean Americans for- laws excluded us from coming to this try proudly and patriotically. In fact, ward and to receive the benefits of country, barred us from many places, they were among the most decorated of what this society offers to Americans. public places, and worse, interned us in American soldiers during World War II. Or perhaps I could mention Joel camps solely because of our ethnic her- And rather than talk about, as I just Jacinto, who is the Director of the itage. mentioned, the plight of Filipino sol- Search to involve Filipino Americans, diers during World War II, who as Fili- SIPA, an organization which truly goes b 2015 pino veterans, served under the Amer- out into the community, especially in Nationwide, we are now 14 million ican flag, yet, by an act of Congress in the Filipino American community in strong, and in the next 30 years the 1946, were deprived of the rights to vet- Los Angeles to make sure that whether APA population is expected to double

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.001 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11454 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 7, 2007 to about 8 percent of the entire U.S. War II veterans. The Congressional Norman Mineta, along with Senators population. Budget Office has estimated that the Daniel Inouye and Spark Masayuki Because of our history of labor immi- cost of enacting H.R. 760 will be $1 bil- Matsunaga, that May is now des- gration and our indigenous island pop- lion over a 10-year period. While this is ignated as Asian Pacific American Her- ulation, Hawaii has had a head start in a large sum, it is worth noting that the itage Month. terms of political representation. Our United States spends approximately $9 The first 10 days of May coincide APA communities have lived and billion each month in the war in Iraq. with two important anniversaries: the worked in our islands since the mid- Challenges are also facing our Native arrival of the first Japanese immi- 1800s, when the first Chinese laborers Hawaiian population. The desire for grants on May 7, 1843, to the U.S. and were imported to work in the sugar- self-determination by the indigenous the completion of the transcontinental cane fields. Since 2000, three of our people of my home State has been ig- railroad on May 10, 1869. communities, the Okinawans, Koreans, nored for far too long by the Federal and the Filipinos, have celebrated their Government. Native Hawaiians remain In 1992 Congress passed public law centennial anniversaries of arrival to the only indigenous group in our coun- No. 102–450, the law that officially des- the United States and to Hawaii. try still awaiting Federal recognition ignated May of each year as ‘‘Asian Pa- Hawaii produced the first Governors similar to the recognition Congress has cific American Heritage Month.’’ The in the Nation of Japanese and Filipino granted to American Indians and Alas- first AAPI settlement in this country ancestry, George Ariyoshi and Ben ka Natives. H.R. 505, the Native Hawai- dates back to 1763, when Filipinos es- Cayetano; the first Native Hawaiian ian Government Reorganization Act, caped imprisonment aboard Spanish Governor, John Waihee; the first Asian would set up a process for Native Ha- galleons and established a community American Senators, Hiram Fong and waiians to organize a government enti- near New Orleans. Daniel Inouye; the first Senator of Na- ty. The AAPI community quickly ex- tive Hawaiian ancestry, Daniel Akaka; By continuing to work together, I am panding. Currently, there are approxi- the first Native Hawaiian and Pacific hopeful that we will be able to meet mately 14.6 million AAPIs living in the Islander Member of Congress, Prince these challenges as we have overcome United States, comprising just over 5 Jonah Kuhio Kalanianaole; and the others in the past. This month Wash- percent of the total U.S. population. first woman of color to serve in Con- ington, D.C. is hosting the Eighth Pa- By the year 2050, there will be an esti- gress, Patsy Takemoto Mink. And I am cific Islands Conference of Leaders, mated 33.4 million individuals living in privileged to have served as Hawaii’s PICL. The triennial PICL brings to- the United States who identify as Lieutenant Governor, becoming the gether the heads of government and Asian alone, representing a 213 percent first immigrant woman of Asian ances- senior officials from the Pacific, in- increase from 2000, comprising 8 per- try elected to statewide office and to cluding Hawaii and the U.S. Pacific cent of the total U.S. population. My be able to continue my service here as Territories. This is the first time that home State of California has both the the first immigrant born in Japan serv- the group has met in Washington, D.C., largest AAPI population, 4.9 million, ing in Congress. and it is quite an opportunity for all of and the largest numerical increase of Asian and Pacific Islander Members us here to find common ground on AAPIs since 2000. of Congress currently number only issues facing the Pacific region and our There are some needs. Mr. Speaker, nine, including ENI FALEOMAVAEGA, our world. this year’s theme for Asian Pacific delegate from American Samoa. Also In closing, I would again like to American Heritage Month, ‘‘Meeting with me in the House are Congress thank Congressional Asian Pacific the Challenges for Asian Pacific Amer- Members MIKE HONDA and DORIS MAT- American Caucus Chairman HONDA for icans,’’ reflects hardships overcome by SUI, Oregon’s DAVID WU, Virginia’s allowing us this opportunity to reflect the AAPI community while high- ROBERT SCOTT, and Louisiana’s BOBBY upon how far our APA community has lighting the hope we maintain as we JINDALs. In the Senate we have Ha- come and yet, of course, remember how contribute to the prosperity of this waii’s two senior statesmen, Senators much further our community has to great Nation. As our community ex- DANIEL INOUYE and DANIEL AKAKA. go. pands, we must also continue to edu- Although the successes of our APA Mahalo and aloha. cate our fellow citizens about the community over the years have been Mr. HONDA. Mahalo. Thank you very uniqueness of our experiences. many, there is another side to our much. story that is not often discussed. While Mr. Speaker, I rise today to recognize The AAPI community is often more Asians have college degrees than the Asian American Pacific Islander misperceived as monolithic. Our com- any other group in the country, we also community and to commemorate Asian munity is extremely diverse in our lan- have more people who have not grad- Pacific American Heritage Month. guages, ethnicities, culture, and chal- uated from high school compared with As Chair of the Congressional Asian lenges. Aggregating such a large and other ethnic groups. And while APAs Pacific American Caucus, commonly diverse group makes it difficult to un- have higher incomes, the U.S. Census known as CAPAC, I feel privileged to derstand the unique problems faced by counts 1.3 million Asian and Pacific Is- be here tonight to speak of the Asian the individual ethnicities and sub- landers living in poverty. There are and Pacific Islander American history groups, such as the Southeast Asian still many wrongs to be righted. Some and accomplishments. Americans, who are refugees that fled of them are decades old. And before I continue, I would also their home countries during the late On March 1, 2007, I reintroduced the like to recognize you, Mr. Speaker, for 1970s and the early 1980s. As a country, Filipino Veterans Family Reunifica- presiding over this Special Order and we need to better address the needs of tion Act, H.R. 1287, a companion bill to also knowing that you too have worked the AAPI community when we discuss S. 671, introduced by Senator AKAKA. It with other Asian American leaders in comprehensive immigration reform, will accelerate the immigration proc- your home State, specifically Senator education, health issues, and veterans’ ess for the sons and daughters of the Stan Matsunaga. For that we are affairs. Filipino veterans who fought with our grateful. Comprehensive immigration reform: American troops in World War II. I am Additionally, I will be highlighting Mr. Speaker, our Nation was founded also a cosponsor of the Filipino Vet- those isues affecting our community by immigrants who valued freedom and erans Equity Act, H.R. 760, to fulfill and the priorities for CAPAC. liberty, who sought to be free from per- our promise of full veterans’ benefits to The history of APA Heritage Month: secution and from tyranny. Families those Filipino soldiers. In celebrating APA Heritage Month, I fled their home countries to seek ref- I know that questions have been want to give thanks to the late Rep- uge in this great Nation because they raised about the cost of carrying out resentative Frank Horton from New too believed in ‘‘liberty, justice, and our obligation to the Filipino World York and my good friend Secretary freedom for all.’’ It is in this spirit that

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.001 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 11455 CAPAC supports immigration legisla- Americans, and 16.5 percent of Native communities about the dangers of this tion that shifts the debate from an ex- Hawaiians and Pacific Islanders who disease. clusionary, anti-immigrant, enforce- are 25 years and older have a bachelor’s AAPIs are also five times more likely ment-only approach to one that con- degree or higher degrees. to develop cervical and liver cancer fronts the social and economic realities These numbers show that we must do than any other ethnic and racial group. behind immigration; honors the dig- a better job of disaggregating the data Furthermore, according to the Census nity of all families and communities; and information about our commu- Bureau, 18 percent of AAPIs went with- and recognizes the economic, social, nities to assess the needs of those hard- out insurance for the entire year in and cultural contributions of immi- working Americans who still falter be- 2000. This means that the uninsured are grants to our great country. hind. not only more likely to go without Today, AAPIs constitute a growing To address the disparities between health care for serious medical condi- and vibrant piece of the American fab- subgroups of the larger AAPI commu- tions, they are also more likely to go ric. In 2005 close to 9 million of this Na- nity, we need Congress to pass the without routine care, less likely to tion’s foreign born were born in Asia, Asian American Pacific Islander Serv- have a regular source of care, less like- constituting approximately one quar- ing Institutions bill, which my col- ly to use preventive services, and have ter of the foreign-born population and league from Oregon, Representative viewer visits per year. over one half of the total AAPI popu- DAVID WU, has introduced in January. At the same time, without appro- lation. Even with a relatively high nat- This legislation will provide Federal priate language translation services or uralization rate, there are approxi- grants to colleges and universities that properly translated materials, limited mately 1.5 million Asian undocumented have an enrollment of undergraduate English proficient immigrants cannot immigrants living, working, or study- students that is at least 10 percent receive adequate care as well as State ing in the U.S., representing 14 percent AAPI and at least 50 percent of its de- and Federal benefits for which they of the undocumented immigrants in gree-seeking students receive financial may be eligible. In the AAPI commu- the United States. These include vic- assistance. nity, 76 percent of Hmong Americans, tims of immigration fraud, who have As a caucus, we will work to increase 61 percent of Vietnamese Americans, 62 become undocumented due to no fault the availability of loan assistance, percent of Korean Americans and 39 of their own. Many work and study scholarships, and programs to allow percent of Tongans speak limited hard, pay taxes, and yet live in fear AAPI students to attend a higher edu- English. Therefore, eliminating health with no hope of gaining a path to legal cation institution; to ensure full fund- care disparities in the AAPI commu- permanent resident status. Let’s give ing for teachers and bilingual edu- nity must include data collection, lin- these workers and these students an cation programs under the No Child guistically appropriate and culturally opportunity. Left Behind law to support English lan- competent services and access to In addition to an earned pathway to guage learners; and to support full health insurance. citizenship, family reunification is a funding of minority outreach programs CAPAC has been working with both high priority in the AAPI community. for access to higher education such as the Congressional Hispanic and Black Immigration reform must espouse the the TRIO programs to expand services Caucuses on the Health Care Equity family values that are so fundamental to serve AAPI students. and Accountability Act to eliminate to our national ideals. Family mem- In health, Mr. Speaker, a common ethnic and racial health disparities for bers provide care for the sick, for their misperception of AAPIs is that as a all of our communities. The act would children, and for their elderly. Family group, we face fewer health problems expand the health care safety net, di- members are crucial for small busi- than other racial and ethnic groups. versify the health care workforce, com- nesses and educational opportunities. But, in fact, AAPI as a group, and spe- bat diseases that disproportionately af- Close to 2 million AAPIs wait years, cific populations within this group, do fect racial and ethnic minorities, em- sometimes even decades, in order to re- experience disparities in health and phasize prevention and behavioral unite with their families in the United health care. For example, AAPIs have health, and promote the collection and States. AAPI families who seek to be the highest hepatitis B rates of any ra- dissemination of data and enhance reunited with their family members cial group in the United States. medical research. overseas have not seen their dreams Mr. Speaker, I would also like to ex- b 2030 come true because of our dysfunctional tend my gratitude to the patriotic men immigration system. We need com- This week, health advocates from and women serving our country in the prehensive immigration reform to ad- around the country will be partici- military, including the 62,378 AAPIs dress these backlogs. pating in a National Awareness Cam- who are on active duty in the military, And education: In addition to immi- paign to bring attention to and educate and the 7,904 AAPIs who are currently gration reform, expanding educational their communities about prevention of deployed in the global war on ter- access for all Americans is also a high hepatitis B through testing and vac- rorism. I also commend and thank the priority for CAPAC. Mr. Speaker, as cination. In the United States, 12 mil- 446,000 AAPI veterans who have fought Americans, we need to ensure that our lion people have been infected at some for our country. children receive a quality education by time in their lives with the hepatitis B I would like to highlight and honor providing adequate teacher training, virus, and more than 5,000 Americans the Filipino veterans who have not funds for after-school and extra-cur- die from hepatitis B related liver com- been compensated or recognized for ricular activities, and ensuring that plications each year. their service, which I believe is a na- college is affordable for every student Asian Americans and Pacific Island- tional disservice to these brave vet- who desires to receive a higher edu- ers account for more than half of the erans. As a country, it is our duty to cation. chronic hepatitis B cases and half of ensure these veterans have equal ac- According to the U.S. Census, 41 per- the deaths resulting from chronic hepa- cess to all of the benefits and treat- cent of Asians age 25 and over have a titis B infections in the United States. ment that other veterans receive. We bachelor’s degree or higher level of In order to break the silence sur- believe that our troops should be taken education. However, when the data is rounding this deadly disease and bring care of when we send them into battle disaggregated for AAPI subgroups, we awareness to the American people, and that they should be given the re- find that the ‘‘model minority’’ stereo- Congressman EDOLPHUS TOWNS, Con- spect when they return home. There- type is, in fact, a myth. According to gressman CHARLIE DENT and I have in- fore, CAPAC endorses H.R. 760, the Fil- the 2000 Census, only 9.1 percent of troduced H.R. 366, which supports the ipino Veterans Equity Act introduced Cambodian Americans, 7.4 percent of goals and ideals of National Hepatitis by Representative BOB FILNER, who Hmong Americans, 7.6 percent of Lao B Awareness Week. I hope my col- chairs the House Committee on Vet- Americans, 19.5 percent of Vietnamese leagues will join me in educating our erans’ Affairs. CAPAC thanks

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.001 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11456 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 7, 2007 Representaive FILNER for his leader- In 1965, Patsy Takemoto Mink, a Jap- South Asian worker waiting to be reunited with ship on this issue. anese American, becames the first his family, comprehensive immigration reform H.R. 760 would do justice by pro- AAPI woman and woman of color elect- is a challenge that must be met. Their experi- viding the full benefits promised to all ed to the United States Congress. ences reflect that of the first immigrants to our Filipino veterans who fought in World In 1971, Judge Herbert Choy, late country, who dreamt of a better life for them- War II under the command of the U.S. Ninth Circuit Court judge, became the selves. Within the AAPI community, there is a military. The Filipino Veterans Equity first AAPI to sit on the Federal bench. beautiful diversity that reflects the ideals of Act would eliminate the disparities and In 1985, Haing Ngor, a Cambodian family values, hard work, and a wonderful opti- benefits between some Filipino vet- American survivor of the Khmer Rouge mism that our nation was founded upon. erans and restore the honor and dig- regime, became the first AAPI to win Asian Americans and Pacific Islanders also nity they so deserve. With Congress- an Academy Award for his role in ‘‘The face the tragic challenge of combating hate man FILNER as the Chair of the Vet- Killing Fields’’ movie. crimes. Last week, the House of Representa- erans’ Affairs Committee, we have a In 1985, Ellison Onizuka, grandson of tives passed legislation that strengthened the great chance to get this bill to the a Japanese immigrant, became the ability of local, state, and federal law enforce- floor. first AAPI astronaut to reach outer ment agencies to solve a wide range of violent There are many firsts among the space, and in 1986 died in the space hate crimes based on religion, sexual orienta- AAPIs. I am proud of our community’s shuttle explosion of the Challenger. tion, gender, gender identity, national origin, or accomplishments, and I would like to In 2000, Secretary Norman Mineta disability. Although a hate crime may affect recognize many of the AAPIs first in was confirmed as Secretary of Com- the life of one victim, its impact reaches deep areas of art, film, sports, science, aca- merce under President Clinton and be- into the community. All Americans have a right demia and politics, but also emphasize came the very first AAPI to hold a cab- to feel safe in their community. Sadly, we re- that they should not be the last. inet post; then continued his service to member Song Sun Lee, Stephen Kam Yan Li, In 1847, Yung Wing, a Chinese Amer- America as Secretary of Transpor- and Robert Stanford, all recent victims of hate, ican, graduated from Yale University tation under President Bush. whose lives were unjustly cut short. and became the first AAPI to graduate In 2001, Secretary Elaine Chao was As we work on legislation to improve lives from an American university. confirmed as Secretary of Labor under for the future, we must remember the chal- In 1863, William Ah Hang, a Chinese President George W. Bush, becoming lenges from the past. World War II set the American, became the first AAPI to the first AAPI female to hold a cabinet enlist in the U.S. Navy during the Civil stage for courageous acts of heroism, but at position. the same time generated acts of grave injus- War. Mr. Speaker, the Asian and Pacific In 1922, Anna May Wong, in her lead tice and discrimination. I salute the Filipino Islander American community con- role in ‘‘The Toll of the Sea,’’ at the Veterans who fought bravely during World tinues to fight for our civil rights as age of 17 became the first AAPI female War II and join them in their fight for full vet- Americans. Even after the internment to become a movie star, achieving star- erans’ benefits. I recognize the courage of the of Japanese Americans during World dom at a time when prejudice against remaining comfort women and will work to en- War II, we as a community did not the Chinese in the United States was sure that their rights are protected. grow embittered or cowed by discrimi- rampant. I am pleased to stand here with my col- In 1944, An Wang, a Chinese Amer- nation; instead, we progressed and leagues who also recognize the efforts and ican who invented the magnetic core moved forward. accomplishments of Asian Americans and Pa- memory, revolutionized computing and I am a proud member of the AAPI cific Islanders in this country. I thank Chair- served as a standard method for mem- community, and I am proud to be one man MIKE HONDA and the rest of the Congres- ory retrieval and storage. And today because we continue to serve as posi- sional Asian Pacific American Caucus for their we have iPods that are smaller than a tive contributors to our many commu- continuous efforts to ensure that the millions deck of cards that can hold up to four nities by investing in education, busi- of voices of Asian Americans and Pacific Is- gigabytes of information, all coming ness and cultural opportunities for all landers are heard. from this 1944 invention by An Wang. Americans. As we celebrate, let us continue well past During World War II, the 442nd Regi- In closing, this Asian Pacific Amer- Asian Pacific Heritage Month to value and ap- mental Combat Team of the United ican Heritage Month we take pride in preciate the contributions of Asian Americans States Army, comprised mostly of Jap- our history, accomplishments and the and Pacific Islanders living in the United anese Americans, became the most promise of our future as we continue to States. highly decorated unit of its size in the pave the way for a better tomorrow Mr. WU. Mr. Speaker, it is with great honor history of the U.S. Army, including 22 and a better America. and pleasure that I join my fellow members of Medal of Honor recipients, Senator Ms. PELOSI. Mr. Speaker, today I rise in the Congressional Asian Pacific American DANIEL INOUYE being one of them. celebration of Asian Pacific American Heritage Caucus to celebrate Asian Pacific American In 1946, Wing F. Ong, a Chinese Amer- Month. Heritage Month. This May marks the 29th time ican of Arizona, became the first AAPI I am proud to represent the city of San that America has recognized and celebrated to be elected to State office. Francisco, where we are blessed in our com- the many contributions and achievements of In 1947, Wataru ‘‘Wat’’ Misaka be- munity to have a thriving Asian American and Asian Pacific Americans. came the first ethnic minority and the Pacific Islander (AAPI) population. It is home America has reached greatness in part by first AAPI to play in the National Bas- to our Nation’s oldest Japantown, one of the the accumulation of ideas from those with var- ketball Association for the New York largest Chinatowns, and countless other ethnic ied heritage and backgrounds. In particular, Knicks. How about that? communities. Asian Pacific Americans have made profound In 1948, two Californian divers, Dr. As one of the fastest growing ethnic groups contributions to the arts, education, science, Samuel Lee, a Korean American, and in our country, Asian Americans and Pacific technology, politics and athletics. Asian Pacific Victoria Manalo Draves, a Filipina Islanders contribute to our economic pros- Americans have played an active and crucial American, became the first AAPIs to perity, cultural diversity, and political process. role in the development of the United States, win Olympic gold medals for the U.S. Representing 11 different ethnicities, they from linking the coasts of the nation with the In 1956, Dalip Singh Saud, an Indian have a unique voice, which plays a role in the transcontinental railroad to bringing the world American, became the very fist AAPI work that we do in Congress to improve the closer through development of the latest Inter- to be elected to the U.S. Congress. lives of Americans every day. net technology. In 1959, Hiram Leong Fong, a Chinese While the debate about comprehensive im- This year, Congress will be debating and American, became the first AAPI to be migration reform intensifies across the country, voting to reauthorize No Child Left Behind and elected as a United States Senator and it is recognized by many of my colleagues as the Higher Education Act. As a member of the is the only AAPI to actively seek the a hurdle that particularly affects Asian Ameri- Education and Labor Committee as well as Presidential nomination of a major cans and Pacific Islanders. Whether it is a the Congressional Asian Pacific American party. Chinese student waiting for a visa, or the Caucus, I am working hard to ensure that the

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00051 Fmt 0688 Sfmt 9920 E:\BR07\H07MY7.001 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 11457 Asian Pacific American community not only ican who sacrificed his life so that others vote on it, they can just, as I have said, has a seat at the table of these debates, but might be free. Elsewhere in Seattle, the Wing run out the clock. also a strong voice to shape the national con- Luke Asian Museum, Seattle Asian Art Mu- In 2001 and 2003 and every year in the versation. seum, Filipino American National Historical Republican majority, we cut taxes; we The Asian Pacific American community re- Society, and Densho: The Japanese American cut some tax over the 12 years in ma- mains and always will be an integral and vi- Legacy Project, strengthen America by pre- jority. And the new Democratic major- brant part of American society. As we take serving the heritage of Asian Americans. ity, it took them about a week, maybe part in the celebration of Asian Pacific Amer- Today, Seattle is truly a global city, with a less than 10 days to have their first tax ican Heritage Month, I urge everyone to par- culturally diverse population that underscores increase. They passed it back in Janu- ticipate more deeply in the civic life of our na- our deep involvement in global issues and ary. And fortunately it hasn’t become tion. Asian Pacific American civic engagement trade. Over one quarter of the jobs across law because they haven’t been able to will help to define our collective future and en- Washington State are directly tied to inter- pass anything of substance that passed sure that we move forward with determination national trade. In fact, trade is growing and we the House and the Senate and gone to and unity. Let us work together to build are succeeding because of the relationships the President. So, as I said, we haven’t bridges and strengthen our great nation’s di- we have built with the help of the Asian Amer- seen that first tax increase, although verse communities. ican community. the Democratic majority did in fact I encourage Congress and the American It is my hope that recognizing May as Asian vote on a tax increase and it passed people to spend the month of May absorbing Pacific American Heritage Month reminds us here in the House. the legacy, culture and achievements of the of the role immigrants have played in shaping I hope my friends on the other side Asian Pacific American community. the history of our Nation. Ahead, we must ex- will take a lesson from history and Mr. MCDERMIOTT. Mr. Speaker, in many amine the issue of immigration, and I believe look back to the 1960s to President ways the history of America is the history of we can and should be guided by reflecting on John F. Kennedy and what he did in his American immigrants, the people who came the contributions that immigrants have made term as President. One of the first here from somewhere else to make a better and continue to make. things he did was to cut taxes. And life for themselves and their families. In so As we look ahead, let us honor and remem- what happened in the 1960s? The econ- doing, they each have made America stronger ber our past, and remember that we are all omy grew, revenues to the Federal as a Nation and culturally richer as a people. immigrants and when we pause to honor Government grew because of those tax That’s why it gives me great pleasure to Asian Pacific Americans, we honor all Ameri- cuts. And then look back just into the recognize the month of May as Asian Pacific cans. 1980s when President Ronald Reagan American Heritage Month and, in so doing, f came to Washington, and with the help recognize the approximately 80,000 Asian Pa- AMERICA FACES LARGEST TAX of a Democratic majority, he cut taxes. cific Americans who live in the 7th Congres- INCREASE IN HISTORY And what happened? The economy sional District in Washington State, the district grew, the revenues to the Federal Gov- I proudly represent. We are home to Asian In- The SPEAKER pro tempore. Under ernment grew, and that was a positive dian, Cambodian, Chinese, Filipino, Hmong, the Speaker’s announced policy of Jan- thing. Japanese, Korean, Laotian, Vietnamese, Pa- uary 18, 2007, the gentleman from The same thing occurred in 2001 and cific Islanders, Samoan, Tongan and rep- Pennsylvania (Mr. SHUSTER) is recog- 2003 and continues. We cut taxes, al- resentatives of other Asian American cultures nized for 60 minutes as the designee of lowing the American people to keep as well. Their contributions to Seattle, the sur- the minority leader. more of their hard-earned dollars, and rounding communities, and to America de- Mr. SHUSTER. Mr. Speaker, coming the economy is growing. Revenues to serve to be celebrated, not just merely recog- to the House floor as I have for the the Federal Government are at record nized. past 4 months to talk about the great levels coming into the Federal Govern- Throughout the year, I am honored to join concern that I have and to draw atten- ment. And the facts are there. Since constituents at commemorative events like the tion to what is going to happen in the 2003, 7.5 million jobs have been created. International District Street Fair, Bon Odori United States Congress if the new That is more jobs that the European and Tet in Seattle. These and other truly Democratic majority does not act, in Union and Japan combined have cre- unique cultural celebrations enrich our com- just 1,335 days, the American people ated. Our economy has now added jobs munities and our personal lives. For instance, are going to see the largest tax infor 43 straight months. every chance I get, I now enjoy Sumi-e paint- crease in American history. I also be- Just last month, in April, 88,000 new ing, a Japanese art form, where ink is used to lieve, although I haven’t been able to jobs were created in the United States. depict a subject in the fewest number of verify this, it is probably the largest Folks that had been unemployed or strokes. When someone of Irish decent like tax increase in the history of the happen to find themselves unemployed me can assimilate an Asian art form, it is a re- world. And the Democratic majority are finding much shorter duration of minder that America’s great strength is Amer- doesn’t have to even vote on it, all unemployment than they had in the ica’s great diversity. they have to do is run out the clock past. The national unemployment rate Asian Americans immigrated to the United and allow the tax reductions, the tax remains at 4.5 percent, which is well States in the late 19th century, but many cuts that occurred in 2001 and 2003 to below the 5.1 percent rate which was in faced prejudice, racial injustice and discrimina- expire. And only in Washington, and I 2005, and below the average of each of tion. They responded with quiet, dignified re- have heard this said, that the majority the past four decades. solve and made America stronger by their party is not going to raise taxes be- commitment to equality for all. Trying to men- cause they won’t vote on raising taxes, b 2045 tion all the significant achievements and role but because they are going to expire The U.S. has grown faster than any models from the Asian American community and people’s taxes are going to go up, G–7 industrialized nation over the past would fill a very large roomful of books, but I that is not really a tax increase. Well, 4 quarters. Wages have increased, and am proud to mention some in the 7th Con- if you are sitting out there in middle tax relief has helped spur economic gressional District. America and you are making $40,000 a growth by keeping over $1.1 trillion in In Seattle, the United States Courthouse is year and you have two children, your the pockets of Americans. As I said, if named for William Kenzo Nakamura, a Japa- taxes will go up approximately $2,000. the Democratic majority doesn’t act by nese American who was posthumously award- That is a tax increase. Everybody in January 1, 2011, all those tax cuts, tax ed the Congressional Medal of Honor for his America knows that. And everybody reductions we put in place for small courage in World War II, an honor especially that knows how to add and subtract businesses, for families, for individuals, poignant because William and his family were knows that if your taxes go up $2,000 or will expire. forcibly relocated to a federal internment camp if anything goes up $2,000, that is an in- In my State of Pennsylvania alone, at the beginning of the war. The courthouse is crease. And as I said, the majority, the the average worker, the average tax- a perfect symbol and memorial to an Amer- Democratic majority will not have to payer, will see about a $3,000 increase

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.001 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11458 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 7, 2007 in his taxes. My good friend from Flor- in your children’s future, to build a fu- have the largest inland port in North ida, RIC KELLER, informs me that the ture for yourself, to build a nest egg, to America with the Port of Ashland-Hun- average taxpayer in Florida will see an start a small business, to expand the tington, where much of our Nation’s increase of $3,000, if we don’t act and small business that you have. energy supply transits. Our average extend those tax cuts. BILL and I have heard literally hun- working family in Kentucky is going to Once again, that is what we are going dreds of stories since the first of the see a tax increase of $2,563, right off the to do tonight, is talk about this count- year. We would like to hear yours. You bottom line. When I think what we down. We call ourselves the Countdown can communicate with us directly at could do with that, I have got my sec- Crew, because in 1,335 days, if the [email protected]. That ond child going into college now, I Democratic majority doesn’t act, the is [email protected]. think of what we could do with $2,500 is average American and average small At the end of the day, I believe that immense. business in this country, the individual the key principle that we have shared We look at the counterpoint, I look in this country is going to see their over and over and over again is that to the gentleman’s point earlier re- taxes increase. our focus and the focus of the govern- garding what happened when taxes That money will come out of their ment is that the government cannot were cut by President Kennedy, what pockets, will come to Washington, and create value or wealth for people. What happened when taxes were cut by they will not have an opportunity to the government can do, done rightly, is President Reagan, what happened when spend it as they see fit. They won’t create a playing field and a framework taxes were cut by President Bush and have an opportunity to save it for their to unleash the creativity in the Amer- the Republican Congress at that time, retirement, or their children’s college ican people, to give them the oppor- at a very difficult period in this Na- education or future education. So it is tunity to pursue their dreams, to pur- tion’s history as we entered into war, important that we draw attention to sue a future, to build a future for them- just prior to the 9/11 attacks. There was what is going to happen here in Con- selves, and ultimately we start that a recession in 2001 that was inherited gress. process by making sure that people can from the prior administration. The Democrats won a majority in the keep more of what they earn. What we have seen is record revenues election and they said first of all that When you have control over your to the Federal Government by reducing they were going to have ‘‘6 for 06.’’ money, you are going to invest it in taxes. By raising the ceiling, in fact They have passed all six of those in the such a way that it makes a difference pushing the burden upward on taxes House, but nothing of what they for you, your family, ultimately for and reducing the burden on working passed, none of those six have made it your community and the country. That class families, taking millions of peo- into law. As I said earlier, very few is why we say we want to create tax- ple off the tax rolls, by creating a 10 things we have passed here on the floor payers, not raise taxes. percent tax bracket, has resulted in the have made it into law. We have named It has been a few weeks since we were creation of 7.5 million jobs, record rev- a couple of post offices and Federal able to get together here on the floor enues to the Federal Government, and buildings, but nothing substantial has as we have been counting the days that done in a time of war. What that been able to pass this Congress and be- since our first session the second week tells me is that these principles work; come law. of January when we began sharing that Republican, conservative fiscal As I said, I think it is extremely im- what was ahead. We predicted at that principles work by allowing people to portant that the American people are time that there would be tax increases keep more of their own money. aware that just by running out the coming. My question in fact to folks is if you clock, the taxes for every American, Much of the change in the election had to write that $2,500 check, what do every small business, every business in was not driven by fiscal policy. It was you want to get in return for that? At America, will go up, without action in driven by anger or resentment or emo- the end of the day, we want to get this House. tion related to the national security something that is going to make a dif- With that, I am joined here tonight situation. But as people are waking up, ference for our family, our community by my good friend from Kentucky, a I am traveling in different parts of my and our country, and not fuel empty former business owner and a father of district, many folks upset about that rhetoric, particularly spending on pro- several children, I can’t keep count, said, ‘‘I didn’t realize I was voting for grams that aren’t necessarily going to five or six. a tax increase.’’ In fact, what was add any value. Mr. DAVIS of Kentucky. Six voted on in the House last month with 180,000 jobs were created in March Mr. SHUSTER. Six. I would like to was the largest tax increase in Amer- alone. As we travel throughout our dis- yield to the gentleman. ican history. tricts, I hear stories in a wide variety Mr. DAVIS of Kentucky. Mr. Speak- My friends, that is not a solution to of industries, many of them I have er, I thank the gentleman from Penn- the country’s challenges. By raising shared here on various evenings as we sylvania. I just want to say I appre- taxes, we limit opportunity. By raising have come back to Washington, D.C., ciate the leadership you have shown taxes, money comes out of our commu- the successes that people have had by since the beginning of this Congress on nities, it comes out of working fami- being allowed to keep more of their being the lead sponsor of the Count- lies’ pockets, it comes to bureaucrats own money and build a future in their down Crew. in Washington. hometown, in the heartland, and not Both BILL SHUSTER from Pennsyl- When some of my colleagues on the send it to bureaucrats far away. vania and I were small business own- other side made comments about want- I would like to invite my colleagues ers. We have lived out in the real ing to reduce the deficit and spending, from Texas, Congressman CONAWAY and world. We are not attorneys. We come they didn’t want to reduce spending. Mr. SHUSTER, to continue the dialogue from an environment of working and What in fact they wanted to do was re- with some of these examples. But if manufacturing and distribution and lo- duce defense spending, but not reduce you just joined us again, we are the gistics with real people. We know the spending on other programs. Indeed, [email protected]. We burdens on making sure our employees that spending has increased under this would like to hear your stories. We are covered with health insurance. We budget. What we are looking at over 5 would like to hear your testimonials, know the impact of tax increases and years is an estimated $900 billion tax how it has made a difference for you in tax cuts. increase. That is going to be dev- creating jobs and small businesses in For those of you joining us right astating to the economy. our local communities where 88 percent now, we would love to hear your sto- In Kentucky alone, I come from a of all new jobs created in this country ries, the impact on being able to keep district that is very diverse with agri- come from. more of your own money, what it has culture, manufacturing, distribution, It is not going to come from giant meant to you and the ability to invest logistics. We have river industries. We corporations. It is certainly not going

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.001 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 11459 to be created from liberal policies of Back in March, these chambers heard Our colleagues on the other side of the folks on the other side of the aisle. an incredible amount of rhetoric about the aisle say they are not intending to It comes by you producing your future, the budget and if you had just tuned in, allow the tax increases on those 10 per- chasing your vision and investing your you didn’t really know which side was cent brackets, et cetera, et cetera, to dollars to build that. which. Basically what you heard was a actually happen. That we need to trust With that, I yield back to the gen- schoolyard squabble in which our side them. That their intent is to not allow tleman. said yes, you are, and their side said that to happen before this 2011 time- Mr. SHUSTER. Mr. Speaker, I appre- no, you’re not, and yes, you are; no, frame. ciate the gentleman talking about this you’re not. We went back and forth, But the problem is, they spent the tonight. I think it is important that and I don’t know that any of us really money that is raised. So in order to off- you point out that it is not the govern- adequately explained to the people lis- set under their definition of PAYGO, ment that creates jobs, it is small busi- tening, Mr. Speaker, why both sides that they invoke from time to time, nesses. We do want to hear your sto- claimed the exact same set of facts and they change this definition, by the ries. We want to hear what you have with two totally different interpreta- way, from time to time. been able to do with that tax cut that tions. Let me try to be a little instruc- b 2100 you received, either in your business or tive on that tonight, as best I can. your family, and those stories, we The current tax law says that in 2011 Mr. DAVIS of Kentucky. You might would like you to e-mail them to us at most of the tax breaks as we refer to want to share about the idea of PAYGO [email protected]. those that were enacted in 2001 and 2003 which means something to us as Amer- If you don’t want to send them to us, will expire on their own. Back in 2001 icans and means something very dif- send them to your Member of Congress. and 2003, the Senate, the Democrats ferent in this Congress. It is not how Let your Member of Congress know particularly in the Senate, invoked the you balance your checkbook at home. how important it is that this Congress Byrd amendment or the Byrd rule, I Mr. CONAWAY. Yes. We recently acts to extend those tax cuts before guess, which restricts tax law thinking passed the D.C. Voting Rights bill they expire. They are going to expire to a 10-year window. In other words, we which is a separate conversation. It anywhere from the end of this year in handcuff ourselves with respect to tax had a modest amount of money in 2007 to the end of 2010, and if we don’t policy in some artificial time frames terms of D.C. modesty. In terms of Dis- act, run out the clock, we are going to that may or may not make sense. trict 11, there aren’t very many people see this huge tax increase and you are It is unfortunate that we do it that out there who have a deposit slip big not going to have that money in your way, but that is kind of the ground enough to deposit the $14 million that pocket. It is going to be spent to Wash- rules we have. We could spend nights it is going to cost. It will cost $14 mil- ington and the bureaucrats and politi- and nights talking about how we could lion to add two additional Members of cians are going to spend it. reset the ground rules and have a much Congress. It is a great privilege to have with us better way of developing tax policy in The bill that was passed violated here tonight a colleague of ours from this House that would make much PAYGO on its face. They had a con- Texas, who more importantly than more sense. voluted rule that said even though that that is a CPA. He understands the Tax But, nevertheless, that 10-year win- bill has passed the House, if we don’t Code better than most of us, although dow restricted the elimination of the pass the fix, the PAYGO fix, then nei- I don’t know that anybody understands death tax, the tax rate decreases, the ther bill will actually pass. So they the Tax Code, as large and complex as marriage penalty, the earned income winked at themselves on the first bill, it is. But we appreciate his coming credits, that we wanted to make per- saying we are going to fix the $14 mil- down and being able to walk us manent that left this House. The bill lion hole. through some of what is happening in that left the House would make all of Then the next bill that came forward the Tax Code and the burdens it is those things permanent. But the com- to fix their PAYGO issue did not raise placing on businesses and families. promise in the Senate, in order to get taxes on anyone to pay for it. They did With that, I yield to a good friend it out and passed the obstructionist not cut spending anywhere, and it from Texas, Mr. CONAWAY. Senators, Democrat Senators at that didn’t raise the taxes necessary to do Mr. CONAWAY. Mr. Speaker, I thank time, we were limited to 10 years. that. my good friend from Pennsylvania and We are now coming on to the end of The manager of the time that after- good friend from Kentucky for coming that time frame and existing law says noon actually said from the micro- down here tonight to talk about what that on January 1, 2011, tax rates, as an phone right over there in the middle, the Countdown Crew has been talking example, the top rate, which is now 33 we are not raising taxes on any Amer- about, and that is the pending tax in- percent of earned income, will rise to ican. What they are doing, though, is crease that is looming large on the ho- 39.6 percent, a 20-plus percent increase. basically taking an advance on next rizon. The bottom rate, which is currently 10 month’s salary. What they did was said Part of the problem as I toured Dis- percent, goes to 15 percent, a 50 percent taxpayers who have an adjusted gross trict 11 during the Easter break was tax increase on the folks who make the income of more than $5 million, which that because the actual tax law change least amount of money in our society. is a relatively small group of people is still years away, many people in the So what is happening is that the Demo- and not a crowd that draws much sym- district are not paying as much atten- crats are hiding behind the operation pathy among folks, we are going to in- tion to it as I think they should. It is of law as it currently exists to say that sist that they advance their tax pay- kind of like the fellow who fell off the they are not raising taxes. ments a little quicker than they would 10 story building. As he passed the 5th But the proof is in the pudding, behave otherwise. The overall tax that floor, he was heard to say, ‘‘so far, so cause in their 5-year budget window they are going to owe is not going to good. So far, so good.’’ that they have presented and passed change, but we want them to pay in an We have fallen off the building. Janu- through the House and that we will ap- amount a little quicker. ary 2, when the Democrats took over point conferees on tomorrow, spends However the CBO scored that cash the House, we fell off the edge. It took the money that gets raised in the budg- flow, they scored it as a positive which them 14 days to raise taxes on the oil et window of 2011 and 2012. So the allowed them to wink and say yes, we business, the first tax increase, and we Democrats actually let it work as it is now have conformed with our own are much like that gentleman who was supposed to, as it is going to, without PAYGO rules. in midair headed to an abrupt halt intervention by the Republicans, and So the Blue Dogs have to explain to when he hit the ground, and that is the the Federal tax collection scheme will us how their new version or definition misguided idea that so far, so good; so collect an extra $400 billion in 2011 and of PAYGO works where they can sim- far, so good. 2012. ply advance moneys out of next

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.001 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11460 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 7, 2007 month’s salary, in effect, and that out, providing the services and goods I was getting ready to step out into somehow meets the PAYGO standard. we want? What is the correct rate? the entrepreneurial world and leave the Tomorrow we will debate this issue We have rates in the code. We think software industry to start my own that the tax rates happen on their own. the rates that have been in place for business. I had manufacturing clients We intend to not let it happen. But in the last 7 years may or may not be that wanted me and eventually some of order to do that, they have to raise right, but they have helped produce an the folks that I hired to work with me taxes somewhere else. So they have to economy that has boomed and is con- and assist them in improving their take that 39.6 new rate in 2011 and raise tinuing to grow. competitiveness nationally. We started it even higher in order to make up for Now Ronald Reagan said the stuff that business in late spring of 1992, get- reducing taxes on the folks at the bot- you don’t like, you ought to tax it. If ting it up off the ground. We managed tom of the deal. we don’t like people working, we raise to feed our families that first 6 months Republicans have said that this is a taxes. and do all right in that time, but our tax increase. You allow it to happen. As we have this debate night after real opportunity was going to come in You have the choice to not allow it to night and year in and year out, let us 1993. happen. You allow it to happen and you talk about the idea what should the All of a sudden after Mr. Clinton be- spent the money. So both sides have correct rate be. Regardless of the Byrd came President, he came before the got arguments that have some sub- rule and regardless of the 10-year plan American people and he didn’t say I am stance of truth, some version of truth and regardless of the budget act non- going to keep my promise and cut in them, and you have to look at the sense that we have to tie our hands those taxes because we know that al- total package. with, what ought to be the rate? Is lowing people to keep more of their But at the end of day, at the end of there a better tax collection scheme own money creates a future for them. their 5-year budget window that we than the one we currently have? He offered me a new alternative as a will be debating tomorrow, good Amer- Should we go to a national sales tax or new small business owner with employ- icans will pay in another $400 billion in flat tax? Let’s begin to have those dis- ees, with health plans to pay for, with taxes. And guess what, our colleagues cussions. taxes to pay for, with regulatory fees on the other side of the aisle found a I have spent 30-plus years helping cli- to pay for, dealing with workmen’s place to spend it. They didn’t reduce ents comply with this incredibly dif- compensation and disability and costs the deficit. They didn’t reduce the na- ficult Tax Code. No, I am not an expert that I had never known in the large tional debt or put it into a rainy day in it. I have some background and some corporate world, and he invited me to fund, or save it. They spent it. Their depth, but this thing is incredible. We invest in the United States Govern- rhetoric to the contrary that they are have narrow experts in the accounting ment. not raising taxes is hollow at best world who take on various segments of I looked at this as a small business given the action that their budget will it who don’t know the full deal. It is in- owner and a former military officer. I actually do. credibly complex. Let’s begin to dis- thought my investment in the United I want to talk a little bit about over- cuss how should we collect money? States Government should be first in all tax policy in this country, if I can. How should we collect the minimum providing for the national defense, how I pose this idea. We tax capital gains, amount of money needed to fund this was I going to promote the general wel- dividends and interest at rates that are Federal Government in ways that are fare as the Constitution would ask us less than the rate we tax earned in- fair, simple, straightforward, easy to to do, I would hope in infrastructure, come. So what we are saying is as a comply with, and don’t cost the esti- in projects that were going to be seed policy of this government, we think mated $260 billion a year that Ameri- money to create more jobs and to stim- that hardworking people who sweat cans spend complying with this incred- ulate the economy in our area. But should pay higher taxes than our ibly complex code. what did we get, the largest tax in- money does when it is working for us This code has all sorts of winners and crease in American history at that in the capital markets. Now that is an losers. As we begin to talk about time, actually a fraction of the one interesting philosophy and one that PAYGO, and you look at the tax in- that was passed in this recent liberal has been accepted around these halls creases that the Democrats will pro- Democratic budget. for a long, long time, and we can have pose, every one of those have winners We reduced the size of our military a debate whether or not that makes and losers. Every one of those pit some and we weakened national defense by sense. segment of society against the other, taking several divisions out of the But what is the correct tax rate on some level of wealth against another, standing Army, reducing the size of the capital gains? I know what the Tax and I don’t think that makes for a good Marine Corps, reducing the size of the Code says, but what should that rate way to do things, to create this con- Navy, reducing the airlift capability in be? What should we tax earnings from stant tension between taxpayers. We the Air Force. capital gains and interest and divi- are in this all together. We all want We increased spending in social pro- dends? What should the tax rate be? the Federal Government to work as ef- grams. We increased the mandatory What is magic about the current num- ficiently as we can. spending rate in social programs to ber? Should it be twice that, half that? Mr. DAVIS of Kentucky. I go back to nearly twice the rate of inflation while It is not like math classes where you Yogi Berra’s old saying about deja vu shorting our men and women in uni- went to the back of the book and the all over again. You talk about what the form in the mid-1990s as an administra- even or odd-numbered questions had right tax rate is and how do we explain tion priority. the answers. There is no back of the it to the American people. I think it Then radical Islamic extremism book. I will pose the same question would be helpful if the Democrats intruded itself upon the United States about earned income. A person working would simply tell the truth. on 9/11. We had been dealing with it be- for Parker Drilling Company in West The reason I lay this out, as a former fore then, but like the old saying of the Texas or UTI Patterson Drilling Com- small business owner, I remember in Purlator man commercial, ‘‘you pay pany, folks who work hard and under- 1992 being told stories by then-can- me now or you pay me later.’’ stand what work is, what you and I do didate Bill Clinton how he was not Now we are in a big catch-up situa- here, we call it work but it is not work going to raise taxes. President Bush at tion from a national security stand- in the tradition that I understand hard the time made the statement that Clin- point of things that could have been work is. What should we tax that guy ton ran saying he wouldn’t raise taxes, handled 10 years ago. or that woman for their earned income, and then turned around and made a I think back as a small business their work? What should we tax ac- deal that raised taxes, damaged his owner, what were the costs that were countants and doctors and lawyers for credibility and hurt the economy at taken away when I invested in the gov- the work that they do day in and day the time. ernment? Well, the additional tax

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.001 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 11461

money, we saw no benefit of that. I saw pact on the communities and the coun- Florida and I were talking, RIC KEL- my clients hurt. I saw manufacturing try expire. LER, and talked about what the seniors companies hurt, and I saw other ma- Mr. SHUSTER. I think it is ex- in Florida, how they have been able to chine tool companies hurt by increased tremely important to point out that improve their housing, invest that environmental compliance and the in- only in Washington, DC and the ac- money in a nicer house, a bigger house, creased cost of regulation. And the at- counting we use here, and I know that a different house because of those tax tempts to manage health care from a the Democratic majority when they cuts. national perspective actually drove were the minority would say that we So I know that, once again, we are costs up. In Kentucky, by doing a plan were cutting spending on programs joined by our colleague, the CPA, from that was called Hillary-lite, something when we were in the majority when ac- Texas, and it is always educational to that was a lesser plan of the Democrat tually it would go up by 2 or 3 percent hear him talk about some of these tax health care proposals of that same year instead of the 4 or 5 percent that they issues. I think he wants to talk a little of 1993, we drove 45 of 47 insurance car- wanted it to, and they would say that about the ATM. riers out of the State, quadrupled the is a cut when it is not a cut. I went to my accountant a month or so ago. He was talking to me about cost of health care for small business b 2115 owners in a relatively short period of how it is catching people in this web. time. To me that was the opposite of Now, they are saying that it is not He said in Pennsylvania, a household the original intent. going to be a tax increase because we where there is two teachers, they are If I invest in something, I would like did not vote on it, but all of us know now approaching and some of them to see a return. If we spend money in that those of us balancing checkbooks have surpassed that level where two our community, we would like to see a at home and people who run small busi- teachers, modest income, are getting benefit accrue for our community and nesses, people that are trying to save caught up in the ATM, paying more it certainly didn’t happen there. money, know if the Federal Govern- taxes. Just on the taxes that we paid, and ment takes an average $2,000 more out So, with that, I yield to the gen- we don’t know where they went to sup- of your paycheck a year, that is a tax tleman from Texas (Mr. CONAWAY). port all of these programs with this in- increase. Mr. CONAWAY. Mr. Speaker, I thank creased investment, we could have As I pointed out earlier, in my State my good colleague from Pennsylvania. hired probably three more consultants of Pennsylvania, the average taxpayer It is actually the A-M-T. ATM is a or nearly a third larger workforce will pay $3,000 more in taxes, and that money machine. It is an ATM for the which would have created more tax- is a tax increase. Whether the United Federal Government. payers and which would have been States Congress votes on it or does not Mr. SHUSTER. It is confusing to me helping more businesses to compete vote on it, if you pay $3,000 more in because you put the card in and you and would have been putting more dol- taxes, that is a tax increase. get money out. lars into the Federal treasury. This PAYGO rule, which I always Mr. DAVIS of Kentucky. One point of But on the other hand, now we found thought PAYGO meant that if you are order here to point out. The ATM right ourselves at the end of the Clinton ad- going to increase spending, you have now is going to be the American people ministration needing to come out of a got to find a way to fund it, and that is for the Democrat tax program. They recession. We have reduced taxes and increase taxes or offset it by cutting are going to have the largest tax in- we have moved to simplify regulation. spending elsewhere. Quite frankly, I do crease in history. But because of the actions last Novem- not know what PAYGO means under Mr. CONAWAY. There is plenty of ber, I believe that my colleagues on the the Democratic majority anymore be- truth in the ATM issue, but the alter- other side of the aisle sincerely but in- cause they find loopholes and excep- native minimum tax is AMT. correctly have interpreted that elections and make changes to it. So, once Mr. SHUSTER. I apologize. Like I tion as another opportunity to affirm again, this funny accounting in Wash- said, it is confusing to me because they their desire to have small business ington, DC continues to proliferate just keep on take, take, take just like owners invest. under the Democratic majority. the cash machine at the banks. And the truth of the matter is that if I think it is important that, as my Mr. CONAWAY. That is exactly 88 percent of our jobs are created by friend from Kentucky talked about his right. I thank my colleague. small businesses owners, the last thing experiences with small business, that The Internal Revenue Code, 1986, as we want to do is tax those who are we get Americans to e-mail us at the amended, is incredibly complicated, as going to be starting those companies [email protected]. E- we have already talked about. If you and starting those family enterprises. mail us what you have been able to do look at most of the provisions in there, Again, in 1,335 days from now the av- over the past couple of years with many of the provisions in there, they erage family in my State will have a those tax cuts, whether you are putting have a history. They have a reason for $2,563 tax increase. You mentioned the it back in your business and increasing being. We are trying to manipulate our 50 percent increase that is coming for your workforce or making it more effi- economy. We are trying to manipulate those in the 10 percent tax bracket. cient, selling more products by expand- conduct. We are trying to do some- That benefited 1.2 million people in my ing markets; or if you have a family thing, manage something. If you look State, but let’s look at senior citizens. and you are able to save $2,000 or $3,000 at the alternative minimum tax, there My mom lives on a fixed income because of the elimination of the mar- is actually a story there. There is a right now. She draws Social Security riage penalty or the doubling of the history there. and her retirement. Fortunately, she child tax credit, how were you able to Back in the late 1960s, Congress dis- has a supplemental Medicare insurance take those dollars and employ them in covered that there were 155, no com- plan to help offset some of the addi- your household and your business to mas, 155 taxpayers who made more tional cost. make your lives better. than $200,000 in 1966, but they did not But if you take an elderly couple I think that is extremely important pay any taxes. So, in an attempt to get with a $40,000 income, their tax bill is that we hear those kinds of stories. at those deadbeats making all that going to rise 156 percent in 2011 from Once again, I want to point out if you money, and now in all likelihood those $583 to $1,489. So we have helped them are unable to or do not want to e-mail folks hired folks who will say this ar- reduce the average cost of their pre- them to the gument, I have talked about that, but scription medication by $1,200, but we [email protected], send nevertheless in an attempt to get at 155 will increase their taxes by $1,400 by them to your Member of Congress; let taxpayers, Congress created what is what the Democratic Congress intends them know what you were able to do now known as the alternative min- to do by simply not doing anything. with those funds. imum tax. In other words, Congress They are going to allow these cuts Again, I know all across America we was offended that you could have peo- which have had so much positive im- hear those stories. My good friend from ple so structure their compliance with

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.001 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11462 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 7, 2007 the tax code in existence at that point Mr. CONAWAY. ‘‘If less than zero, Line 23, ‘‘Research and experimental in time that they did not owe any tax. enter as a negative amount.’’ That is costs (difference between regular tax So they set in place an alternative line one. and AMT).’’ minimum tax which started with your Line 2, ‘‘Medical and dental. Enter Line 24, ‘‘Income from certain in- taxable income and then it added back the smaller of Schedule A (Form 1040), stallment sales before January 1, 1987.’’ certain preferences that folks, quote, line 4, or 21⁄2 percent of Form 1040, line Glad you are keeping up with that. unquote, took advantage of so that ev- 38.’’ Line 25, ‘‘Intangible drilling costs erybody paid some taxes. There is some Line 3, ‘‘Taxes from Schedule A preference.’’ value in that. (Form 1040), line 9.’’ Line 26, ‘‘Other adjustments,’’ you In 1969 that went into effect. Thirty- Line 4, ‘‘Enter the home mortgage in- have always got to have other, ‘‘includ- eight years later, millions, literally terest adjustment, if any, from line 6 of ing income-based related adjust- millions, of taxpayers are now caught the worksheet on page 2 of the instruc- ments.’’ up in what is known as the alternative tions.’’ Line 27, ‘‘Alternative tax net oper- minimum tax. Now, today’s alternative Line 5, ‘‘Miscellaneous deductions ating loss deduction.’’ And finally, line 28, you get to ‘‘Al- minimum tax is not your daddy’s alter- from Schedule A (Form 1040), line 26.’’ ternative minimum taxable income.’’ native minimum tax. This is a separate Line 6, ‘‘If Form 1040, line 38, is over And there are some instructions, computation. So most taxpayers who $150,500 (over $75,250 if married filing though. ‘‘Combine lines 1 through 27. are in this wreck have to keep a reg- separately), enter the amount from (If married filing and line 28 is more ular tax set of computations and an al- line 11 of the Itemized Deductions than $200,100, see page 7 of the instruc- Worksheet from page A–7 of the in- ternative minimum tax set of com- tions).’’ putations. You have got different basis structions for Schedule A (Form 1040).’’ That is just Part I. We will save Part on your assets. You have got different Line 7, ‘‘Tax refund from Form 1040, II and III for a future date to work you basis in your stock if you bought a set line 10 or line 21.’’ through that. of stock options, all kinds of things Line 8, ‘‘Investment interest expense Mr. SHUSTER. I do not know if I can that you have to do separate under al- (difference between regular tax and take it. You have just made the case on ternative minimum tax. You have got AMT).’’ Here is where we get that two why we need to scrap this tax code and an alternative minimum tax net oper- scheme thing going. start with something new. I do not ating loss that is different from your Line 9, ‘‘Depletion (difference be- know. net operating loss on your regular tax. tween regular tax and AMT).’’ Mr. CONAWAY. This is the alter- So two schemes trying to get at how Line 10, ‘‘Net operating loss deduc- native. The regular tax code is much much money you owe the Federal Gov- tion from Form 1040, line 21. Enter as a simpler. It is straightforward. ernment. positive amount.’’ Mr. DAVIS of Kentucky. I think the Mr. SHUSTER. If I can interrupt the Line 11, ‘‘Interest from specified pri- one thing that gets lost in all this, too, gentleman for a minute, if I am going vate activity bonds exempt from the I remember when I was young and I did to my CPA or the person who does my regular tax.’’ a little work on the side when I was taxes, because she has to calculate two Line 12, ‘‘Qualified small business first in the aerospace industry and I different sets, it costs more money to stock (7 percent of gain excluded under thought it was so great to make a lit- calculate your taxes. section 1202).’’ tle bit of extra money basically to pay Mr. CONAWAY. Oh, absolutely. When Line 13, ‘‘Exercise of incentive stock for Christmas, and when I went in to do you turn on a television program that options (excess of AMT income over my taxes the following spring, I found is going to have some adult content in regular tax income).’’ out that at the very low-income level I it, most of them say, viewers, give you Line 14, ‘‘Estates and trusts (amount was at, because it was independent con- a warning that this next program may from Schedule K–1 (Form 1041), box 12, tractor work, that heralded the alter- not be suitable for young children. code A).’’ native minimum tax and almost made Well, I am going to give a warning that Line 15, ‘‘Electing large partnerships it not worthwhile to have expended the what I am about to go through may not (amount from Schedule K–1 (Form many hours that I did on the project. be suitable for young children. 1065–B), box 6).’’ I think what gets lost, what Mike This is Form 6251. Form 6251 is a 2- Line 16, we are halfway there, folks. was reading here, I still am marvelling page form that every taxpayer who is ‘‘Disposition of property (difference be- that our tax dollars paid to create such caught up in the alternative minimum tween AMT and regular tax gain or a behemoth, that we were investing in tax has to complete. Internal Revenue loss).’’ Again, two separate computa- something like that, which gave me a Service agents, when they audit you, if tions. headache just listening to it. Although you have not put this form in your tax Line 17, ‘‘Depreciation on assets I could see the goose bumps there. return, they will fill one out for you, placed in service after 1986 (difference But other than being a job creation thinking that maybe you screwed up between regular tax and AMT).’’ program for accountants, most of and did not fill it out. It is in the in- And line 18, ‘‘Passive activities (dif- whom do not like the complexity of structions on how you audit taxpayers. ference between AMT and regular tax many of these rules because of what it It is a 2-page form. There are 10 pages income or loss).’’ does to their clients, I think we need to of instructions to Form 6251, and it is Line 19, ‘‘Loss limitations (difference look at a more human side of the im- relatively mind numbing to go through between AMT and regular income tax pact that regressive taxes have. By re- these instructions. I want to just kind or loss).’’ ducing taxes, by allowing people to of walk you through the first 28 lines Line 20, ‘‘Circulation costs,’’ that is keep more of their own money, it cre- quickly on this form. So hang on for not physical circulation. I think that is ated jobs, over 7 million jobs. It has dear life. newspapers. ‘‘(Difference between reg- kept our money local. It starts off: Line 1, ‘‘If filing Sched- ular tax and AMT).’’ Here they reverse I think that one of the things I would ule A (Form 1040), enter the amount the order. Previously it was alternative like to point to for folks here who are from Form 1040, line 41 (minus any minimum tax versus regular tax. watching the Countdown Crew, and you amount on Form 8914, line 6), and go to Mr. SHUSTER. They claiming a cir- can contact us at line 2. Otherwise, enter the amount culation off of my brain. [email protected], we from Form 1040, line 38 (minus any Mr. CONAWAY. Line 21, ‘‘Long-term want to create taxpayers, not raise amount on Form 8914, line 6), and go to contracts (difference between AMT and taxes. By creating taxpayers, there will line 7.’’ regular tax income).’’ be more revenues that go for all of our Mr. DAVIS of Kentucky. Our tax dol- Line 22, ‘‘Mining costs (difference be- communities. lars pay for somebody to actually write tween regular tax and AMT).’’ They But at the local level, oftentimes the this, too. keep switching back and forth. question comes up and I hear it from

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.001 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 11463 children a lot in the schools who go In closing, I just wanted to point out, get the health care system that we around talking with my own kids, as the gentleman mentioned, the im- have today? More importantly, where Daddy, where do the police come from, portance of keeping your own money, are we going within our current sys- where do the school teachers come being able to invest it, being able to tem? from, where does the library come save it. I think a lot of times Ameri- We currently have a system that is from. Ultimately, that comes from our cans feel helpless, hopeless over this based upon both the aspects of the pub- local communities, from taxes. It is tax situation. lic-provided system, the government- property taxes in the vast majority of You get that paycheck, and as my 18- provided system and the private sys- our taxes that pay for our schools. year-old daughter just got a paycheck, tem. We have a system that does have My oldest daughter is about to grad- came home, showed it to me and said, a significant number of individuals who uate from college soon, and she is why did they take so much out? I said, lack coverage. They may not always going to become a schoolteacher and well the good news for you is they are lack medical care, but they do lack getting ready to move out into the going to give you most of most of it coverage for that care. Some of the economy and very excited on the one back, because you’re not going to make things we are going to be, of necessity, hand, but also concerned about the tax the minimum. focusing on this in Congress is the re- structure that is going to be facing her But as I said, Americans feel helpless authorization of the State Children’s and the incentives to advance her edu- or hopeless in a tax situation, but Health Insurance Program. We will cation, the burdens that are going to they’re not. Americans really have to also be talking about reauthorizing the be placed upon her just from what she pay attention to what’s going on here Federally qualified Federal health cen- has seen in the workforce. The quality in Washington. As we said tonight send ter program. of our schools is largely funded by local us your stories at Health savings accounts have actu- jobs in our communities that pay those [email protected] or ally been around now for 10 years. It’s property taxes, people who can buy send them to your Member of Congress appropriate to look back on where we homes, and if you do not have a job, it and tell them what you have been able have been with, first, medical savings becomes very difficult to make that in- to accomplish with those dollars that accounts and then the expansion that vestment in a home. you get to keep in your pocket because occurred with the Medicare moderniza- If we do not have small business own- they are not coming to Washington. tion act in 2003 with health savings ac- ers creating jobs, we are not going to Make sure you are talking to your counts. Association health plans are have those local taxes to be able to Member of Congress, communicating not getting as much attention this make the investments that are nec- with him, telling them that you don’t year as they have in past years, but essary in public safety, in public want to see taxes go up. You don’t they are important, and we do need to works, that keeps the water running in want to see the largest tax increase in think about those in the overall pic- our house, that keeps the electricity American history. You want them to ture of where we are going with Amer- moving, that keeps our roads paved keep their tax rates low. Although ica’s health care. and being able to expand and ulti- many Americans are looking at those Medical liability reform, probably mately to be able to invest in quality tax rates today, think they are high, one of the more contentious things of life in our communities. they are lower than they were 4, 5, 6, 7, that we have tackled in Congress since 8, 10 years ago. I came here in 2002 he 2003. We still, as b 2130 This Congress has to act. This Con- far as a Nation, do not have an answer This is one of the reasons we have gress has to act before all those tax for that question, but several States this 1,335-day countdown to the largest cuts expire by December 31, 2010, and have done things, including my home tax increase in history, that the Amer- the gentleman is signaling me. We State of Texas, and also that is one of ican people need to know that when want to make sure that the American the things that I want to touch on to- they can keep more of their own people are communicating to their night. money, there are results. I don’t want Members of Congress that they want us One thing that does concern me to see the average Kentucky family to stop this tax increase that’s going to greatly is the physician workforce have an unnecessary tax increase of occur, a tax increase that the Demo- today and the physician workforce of $2,563. We will find the benefit, not in cratic majority is saying, they are not the future. I will be spending consider- complex tax documents like that, but going to increase taxes because they able time talking about things that we simply by allowing people to keep their are not going to vote on it, which is might do, the things that are within money to invest in the future to follow just hogwash. The taxes are going to go our grasp to do to help ensure that the their vision and ultimately to build up for individuals across this country, doctors of today continue to deliver that nest egg for their children. businesses across this country, if this care for our patients, whether they be Mr. SHUSTER. I am getting ready to Congress fails to act in just 1,335 days. in the government sector, or the pri- close. The gentleman from Texas f vate sector, and ensure that we encour- seemed pretty worked up about getting age the best and brightest among our something out. Do you have something HEALTH CARE IN THE UNITED young people to go into, to look at else you want to get out here? STATES health care as a profession, whether it Mr. CONAWAY. The IRS on some of The SPEAKER pro tempore. Under be as a physician, as a nurse, and one the forms gives an estimate of how the Speaker’s announced policy of Jan- of the ancillary health services, but it much time they think it takes tax- uary 18, 2007, the gentleman from is important that we attract our best payers to comply with a particular Texas (Mr. BURGESS) is recognized for and our brightest into those profes- form. I was looking through the in- 60 minutes. sions and perhaps a look at some of the structions real quickly to see if they Mr. BURGESS. My colleagues filled things that are being tried in some of had this made that estimate. the last hour with discussion of what is the States. Mr. SHUSTER. I have the time esti- sublimely intuitive to the most casual The States, of course, are the great mate, if you are filling out your own of observers of the American scene, the laboratories in our democracy. There taxes it’s anywhere from 8 hours to 27 IRS code. are some interesting occurrences that hours, if you did it yourself, which is a Now we are going to go to something are going on in some States that are considerable amount of time for an in- a little more complex and that’s health trying to grapple with the problem of dividual. care in the United States. coverage for individuals who lack it; Mr. DAVIS of Kentucky. I think it The question I get asked a lot of and then, finally, some ancillary was 6.4 billion hours were taken this times, because I spent my precongres- issues. We recently passed a trauma year. sional career as a physician, how did bill on this House. Last weekend, the Mr. SHUSTER. Right, $265 billion. we get into this situation? How did we President signed that bill into law.

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.001 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11464 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 7, 2007 Transparency, how do we make the needed to provide a great deal of care week before, where it was described expenditures in health care. How do we in a very short period of time, and they that 680,000 hospital beds in 2005 were make information about cost, price and didn’t have the bedrock of the em- not filled in Medicare, primarily be- quality, how do we make that informa- ployer-derived health insurance that cause of the things we are doing better tion available in an understandable for- was available in this country as a rein Medicare, treating that cholesterol mat to the average consumer of health sult of wage controls that were put on at an early stage with a statin and not care in this country, whether they be during the war. treating it at the end stage when car- in the private or the public sector. We are often compared with Europe diac surgery or, in fact, sudden death One of the things that we don’t really and why our health care system looks may be the outcome of undiagnosed or talk about that often, but is going to different from theirs, when both, after untreated heart disease. So we are be a significant issue, as more and all, are modern western nations. Part doing a better job of treating things more people my age get successively of the reason does go back to this dis- early at the same time. It does cost older and older, is how do we deal with crepancy that occurred during the war, more money in the provision of the the problem of long-term care facing and then, of course, the situation, the Medicare prescription drug act. this country? Well, let’s go on a jour- economic situation, in some cases, a There was a great deal of discussion ney. Let’s talk about the American very dire economic situation that oc- during the time that we passed that health care system. curred on the ground in Europe as the prescription plan, but it kind of sets For the purposes of this discussion, war ended. the stage for the debate that we are It’s not the purpose of this discussion we don’t have time to go all the way going to now have, and going to con- tonight to actually provide a compare back to the beginning when our coun- tinue today. Is it better to treat things and contrast with the European sys- try was founded, though it is important in the preclinical stage, is it better to tem, though that might be interesting to always note that while the treat things in the nonacute stage, or to do, but take where we were at the forebearers of today’s legal profession is it better to wait and target your end of the Second World War, the be- were drafting documents like the Dec- therapy toward the end process of a ginning of the great economic expan- laration of Independence and the Con- disease, which, characteristically, is sion that characterized the post-war stitution, the forebearers of my profes- how we handled things in Medicare pre- years in this country, insurance being sion, Dr. Benjamin Rush, was treating provided by employers, employees very viously. people with leeches. We have come a happy with that, employees having But the impetus is, of course, to be great distance since that time. more preventive and proactive in tak- But if you look at just the modern good coverage, doctors being happy with that, because that coverage ing care of patients. That is the direc- era, the time since the end of the Sec- meant that hospitals and doctors were tion in which medicine is going, that is ond World War, when truly some of the reimbursed, and the situation was the direction in which science is lead- big differences that developed between going along, some problems, of course, ing, and that is the direction in which European countries and America, some and some people in this body, 20 years Medicare itself should go. of those differences, in fact, have their later, said, we need to do better than So I don’t think there is any question roots in the Second World War. In what we are doing, because after people about which is better, the, the acute- America, of course, in order to prevent are no longer employed, and they, per- care model, or the long-term model. problems with an inflationary spiral haps, lose that health insurance, what Furthermore, we will have additional that threatened to go out of control, are we going to do then? discussion, should this expand the gov- President Roosevelt put price controls Twenty years after the end of the ernment share of the program, or is on wages and said people could only Second World War, in 1965, we had the there perhaps some room for the pri- earn so much. rise of a new system, took probably 4 vate sector, and can they deliver value Well, employers wanted to keep em- to 5 years for it to actually work its within the Medicare system as far as ployees working, they wanted to keep way through Congress. It was, just like providing care for patients? employees happy. They asked a ques- today, a situation like this, was by no b 2145 tion, could we provide benefits to our means easy. In 1965, President Lyndon When I talk about the public and pri- employees. Can we provide, perhaps, Johnson signed into law the Medicare vate, let’s break it down a little bit. health insurance or health care bene- bill that primarily focused on hospital fits for our employees and not have care for the elderly in addition to the Currently just in rough numbers the that as part of the Federal price con- hospital care. In addition to the part A government pays about 50 cents out of trols that were in effect, or Federal of Medicare, there was also developed a every health care dollar that is spent wage controls that were in effect at part B of Medicare that was a reim- in this country. Our gross domestic that time? bursement for physician-necessitated product is approximately $11 trillion; The Supreme Court looked at it and services. But we had the parts A and B we spend $1.4 trillion on health care. said, that’s reasonable. You can do of Medicare that came into being in the The Health and Human Service budget that. You can provide the health care mid-1960s, another 40 years before Con- alone for Medicare and Medicaid is benefit for your employee, and you will gress made a significant change to the over $600 billion. Add to that the not be violating the provisions of the Medicare system by passing the Medi- money that is spent in the Federal wage control provisions that were en- care prescription drug act. prison systems, the VA health system, acted in the Second World War. Now, my father was a physician back the Indian health system, all of the Well, the system was working, and in 1965, and I used to tease him that in other areas where the Federal Govern- the war ended, and the system contin- 1965, when the Medicare system was ment is involved in health care, and it ued. Because, in fact, it was working first enacted, there were, after all, only is not difficult to see that you are very well, and people liked getting their in- two medicines, penicillin and close to that number which encom- surance that way. Cortizone, and they were used inter- passes 50 percent. It continued for a number of years. If changeably. I know, he didn’t think it The other 50 percent is certainly not you look at a country in the European was funny either, but the fact is, we all just simply commercial insurance, theater, the Second World War, wheth- didn’t have nearly the tools at hand though commercial insurance makes er they were winners or losers at the from a pharmaceutical perspective in up a large portion of that. There is cer- end of the war, they faced a humani- 1965. Then fast forward to 2005, 2006 and tainly that portion which is self-funded tarian crisis of almost unbelievable 2007, ones that are just part of our ev- by patients. Believe it or not, there are proportion. So it is no surprise that eryday parlance, our everyday arma- patients who just simply prefer to pay even a country that was victorious, mentarium in medical practice. their bills in cash and continue to do like Great Britain, went down the road We saw this with the trustees’ report so, and there is a significant number of of national health insurance, because it that was just released last week or the dollars that are just contributed to the

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.001 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 11465 system by doctors and hospitals and hip or even coronary angiography for was essentially maintained, though nurses and ancillary health care pro- someone who is being worked up for there were several tiered products viders because the individuals whom chest pain is you reach a certain point made available so that that deductible they are taking care of have no health in life, perhaps a person in their 70s or didn’t have to be as high as the highest coverage. 80s where that 6-month wait, 12-month number. You could in fact purchase an In the debate of how to best expand wait, 14-month wait or longer becomes HSA product with a deductible that and give people more coverage, you very detrimental to their overall wasn’t at the maximum. certainly can make the argument for health because they just simply do not One of the most significant things, expanding the government system. My have that many years left from an ac- and the reason I know this is having personal opinion is that might not be tuarial perspective. tried to purchase a health care policy the best way to go about doing things. Well, what about the private sector, for an adult child back before even On the other hand, there are many peo- and what about Congress’ interface medical savings accounts came along ple within this body who, Mr. Speaker, with the private sector? Are we doing in 1994 and 1995, there was almost no will be talking at great length, I sus- things that are generally helpful or one out there willing to sell in the indi- pect, over the 18 months leading up to hurtful to the private sector? And what vidual market an individual insurance the next election, a great many people can we do to promote policies that do policy. Whether it be a high deductible in this body who will be talking about keep the private sector engaged in pro- or a nominal deductible, it just wasn’t just that, expanding the government’s viding health care in this country? available for any price. role. Again, remember, we are already I already alluded to medical savings Fast forward to the time after the doing about 50 percent, and they will accounts. Medical savings accounts health savings account legislation be looking to expand that. started with the Kennedy/Castlebaum passed in 2003. Come to 2004, 2005, 10 One of the critical questions we have bill in 1996. The year 1997 was the first years later, and a young person who to ask ourselves in expanding that 50 year that a medical savings account needs health insurance just out of col- percent is, are we doing a good job was available in this country. I know lege, say, wants to go into business for from the government’s perspective that because I purchased one myself. I themselves, doesn’t want to have to with the 50 percent that we have now? was concerned when I heard about the work for a big corporation to get that Are we doing such a superlative job medical savings accounts becoming employer-sponsored health insurance that in fact it is a good thing to push available because Congress had re- but wants to carry their own insur- out or crowd out the private sector? Or, stricted medical savings accounts such ance, they can go to Google or the are there some areas where the govern- that no more than 750,000 would be search engine of their choice, type in ment system perhaps could improve, sold, no more than 750,000 would be ‘‘health savings accounts,’’ and with a and some areas that perhaps it is just available during those early years of few clicks and a quick search they can innately difficult for a large govern- medical savings accounts, and I was find high deductible PPO policies sold mental system to improve and where very concerned that I would be even by reputable names that we would all the private sector can in fact do a bet- able to get one. I thought that they recognize. And of course I won’t men- ter job? tion any of those names, but they are One of the things that is frequently would be so popular that that 750,000 sold by reputable companies that we asked, and I know I got this the years limit would be very quickly subscribed would all recognize as longstanding es- I was in private practice was, why and I might be left out of the process. tablished insurers in this country, and don’t we just do what they did in Can- It turns out I didn’t need to worry, be- the premium would be in the range of ada where they have a national health cause there were so many restrictions insurance in Canada and everybody is placed on those old medical savings ac- $60 to $65 a month for a high deductible happy, the doctors are paid and the pa- counts that if you didn’t have that policy, imminently within reach of tients are taken care of? Well, it was M.D. degree, perhaps you weren’t going that 25-year-old nonsmoking male just probably 2004, 2005 that the Canadian to be capable of dealing with all of the out of college in my home State of Supreme Court came out with a ruling things that you would have to deal Texas. Again, that type of policy was that access to a waiting list did not with. In my home State of Texas, the absolutely unavailable in 1994 for any equal the same thing as access to care. restrictions were such that there were price, and now it is available at a price And I know I will get some criticism only two insurers that provided the that arguably would be affordable by a about this, Mr. Speaker, but one of the medical savings account products. lot of people who are just getting out secrets of the Canadian system is the Still, I found it to be a very useful type of college and have their earnings at fact that they have on their southern insurance. the beginning of their earning cycle. border the United States of America First and foremost, it left me com- And why is this important? Yes, it is with a significant amount of excess ca- pletely in charge of any medical deci- a high deductible policy. That means, pacity in our health care system; and sions to be made for myself and my if you need a flu shot, you are probably patients in Canada who can afford to family. I didn’t have to talk to an HMO not going to be able to show your in- pay, who do not want to wait, simply director, I didn’t have to dial 1–800– surance card and get a flu shot; you are offload their burden from the Canadian California and get permission for a par- going to go down to the place that system and come south of the border to ticular treatment. I could spend my gives flu shots and pay the $20 or $25, have their problems taken care of in a own money and reimburse myself out whatever is required to get the flu more timely fashion. of that medical savings account. shot. If you have money accumulated In the British National Health Serv- The downside was you couldn’t put in your health savings account, yes, ice, of course they have developed very much money away each year in you can make a draw on that money to within their country a two-tiered sys- the medical savings account and the reimburse yourself for that flu shot. tem. Some of the most expensive med- deductibles were significant, and that But if you are even to the point where ical care that you can buy today is in was seen to be a significant barrier to you haven’t gotten enough of a savings the country of Great Britain where a lot of people with getting a medical into that account yet to go and tap they very famously have free care. The savings account. into that money, you are going to have reason you can buy private care more In 2003, the compromise that ended to pay that money out of pocket, the expensively is because, again, people up being the Medicare Modernization important thing is, is that after your want to buy their way out of a waiting Act did significantly expand what are flu shot you get on your motorcycle list or buy their way out of the public now called health savings accounts. and ride home and have an accident system so that they can get taken care The amount of money that can be put and spend a day in the emergency room of in a more timely fashion. away for a family greatly increased and 3 or 4 days in the intensive care One of the problems with a very long from, I believe, $3,200 to up to $5,000 for unit and face a bill that may be as waiting list for things like an artificial family coverage. The deductible itself much as $10,000 or $15,000 or $20,000, you

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.002 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11466 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 7, 2007 do have coverage for those catastrophic provided that degree of price trans- icaid, whose parents earned a little bit amounts. And, let’s face it, for young parency for the citizens of Texas. too much money to have them covered people today, trauma or accidents are In talking about the uninsured, one under the Medicaid system and there- going to be one of the principle causes of the things that will come up, and I fore couldn’t, but they, themselves, did of hospitalization. think we heard the President mention not earn enough money to truly afford Association health plans, again, a it here in this House during the State health insurance. So this was a good concept that we have dealt with in this of the Union address, is what about the thing. Congress the last two Congresses. It concept of that private ownership of in- Coverage of children is relatively has not come up this year and the re- surance that is paid for with after-tax cheap coverage. You pay $0.60 for what ality is it may not. But this gives dollars? The President talked about would be $1 of health care for an adult. small businesses the ability to band to- giving people a tax deduction if they You can pay $0.60, buy $0.60 worth of gether to get that purchasing power of purchased their own insurance, not health insurance for a child and get the a large corporation. One of the hard through their employer, but just went equivalent of $1 worth of insurance for things is you go out to buy group cov- out and purchased it themselves. Cer- an adult because children, as a general erage for your small business, and they tainly a valid argument that can be rule, are young and healthy. They tend say, you know what, you have got so made about that is, well, there are a to recover from their illnesses quicker few employees that it is really not lot of people out there who don’t pay than do adults, and money invested in worth our time and the cost for that income tax. So what about the concept the children’s program is, indeed, coverage is, consequently, going to be of providing a tax credit? Some people money well spent and money wisely in- astronomical. But if you are able to would call it a voucher; I prefer the vested. term premium support. If someone is combine with, say, your chamber of Some of the things that I think we working and their employer is pro- commerce and you can combine with a ought to keep in mind as we reauthor- viding the option for having the insur- chamber of commerce across in the ize this bill this year, and we will be ance but they say, you know with next county, you can combine with a doing that through my committee, what, I still can’t afford the $200, $300, couple more chambers of commerce in Health Subcommittee on Energy and or $400 a month I would have to pay in- other cities and perhaps even across Commerce, but some of the things I dividually in order to get that insur- State lines, suddenly you are accumu- think we ought to keep in mind is that lating enough covered lives to really ance; what if we provided them some help with that premium? And might it is primarily a children’s health in- get that insurance company’s atten- surance program. tion and perhaps drive a better bar- that not be a better way to approach or to tackle some of the problems of the The decision was made to cover preg- gain, perhaps get a better deal. nant adults, and I think that that was Right now, we won’t let that happen. uninsured rather than just simply ever a good thing, and that should be con- But the fact is that Congress should expanding the Medicaid system or tinued. But covering non pregnant get out of the way and allow those some of the other systems that are out adults in the Children’s Health Insur- things to occur, because it is not so there to cover the uninsured? If some- ance Program is perhaps not the best much that association health plans are one is earning a living but does not use of those dollars. going to bring down the number of the have health insurance available at If there needs to be a program for uninsured, but it sure will help the rate their place of employment, even pro- providing additional coverage to those of rise of the uninsured we see in this viding them that premium support so adults, then let’s look at doing so, but country, because that rate of rise is in that they can go out and purchase in- let’s not divert those dollars that a large part fueled by the cost of pur- surance in the private market. If we should be going into coverage for chasing health care by that small busi- would help create and sustain that health care for children; let’s not di- ness person; and anything we can do to market, I believe that the private in- vert those to some other purpose. And keep that cost of coverage down is surers would look at 42 million, 45 mil- unfortunately, we have the situation in going to ultimately increase the lion people as a segment of market this country today where four States amount of coverage that is available. share that they would compete for, and Transparency, I mentioned before, is we ought to give them the tools to do actually cover more adults than they critically important if we are going to that. do children. have so-called consumer directed Now, currently the United States Again, we need to get back to the Census Bureau says there are 46.6 mil- health care in this country. We have original principle that this program lion uninsured. got to put that information in the con- was enacted, and make sure, once we’re sumer’s hands so that they can make b 2200 covering all the children, once we’re covering all the uninsured children in decisions about cost price and quality I think it’s important to stress, once this country, then perhaps we can talk in the health care system. And I under- again, that uninsured does not always about expanding it to include adults. stand that there is an inherent danger mean no access to health care. It may in transparency. Opacity is there for a mean that the access to health care But until that time, we do need to reason, and that reason is generally it does not occur at the point where the focus and make certain that we are is financially rewarding for whoever is health care can be rendered for a lower covering the uninsured children. providing the opacity. They don’t want total dollar figure, or you may not re- You know, a letter to the editor back everybody to know what goes on be- ceive the best health care outcome be- home in Dallas this weekend I was hind the curtain. cause care has been delayed. But hav- reading made the comment that, of Again, I will reference my home ing access to coverage will increase ac- course, SCHIP, and they were talking State of Texas. The very beginning of a cess to care. about it primarily at the State level. transparency project has now gone up One of the things that this Congress And the State, my State Legislature is on line. Mr. Speaker, if anyone at home did 10 years ago, long before I got here, in session right now, and they are grap- were interested, it is tx.pricepoint.org, was a program called the State Chil- pling with the questions of funding for and someone can go to that, Mr. dren’s Health Insurance Program. It’s SCHIP. Speaker, on their Web site and look at 10 years old. It’s going to be required to But the comment was made in the that and get information about hos- be reauthorized this year. But this did letter that the SCHIP program was pital charges in their area and how provide States some flexibility and there for some parents who cannot af- they compare with the rest of the some options for providing coverage for ford insurance; and sure enough, that’s State. Granted, there is going to need uninsured children that resided within what it’s there for. to be more information available, but their State. And the second line went on to say it is a good start, and I certainly sup- This was primarily to be directed to that also there are some parents who port the folks at the State level who children who were not eligible for Med- are working and covered under their

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.002 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 11467 parents’ insurance, but they can’t af- getting those policies up and on the Making those premiums tax deduct- ford that additional premium for the Internet to take advantage of the com- ible, that is something that, an idea dependent coverage on their insurance. petitive influences that are present on whose time has come, has long since This is some of the cheapest coverage the Internet? come. We weren’t able to do it during out there that we should take advan- You know, one of the things, again, I the last Congress. I know there are a tage of. And certainly, it is available reference Texas a lot because I spend a number of competing influences out within the SCHIP program currently lot of time there. But one of the Na- there, and we heard references to for some degree of premium support. tion’s largest automobile insurers has things like PAYGO before, so it is But I certainly think we need to ex- really made a big push in the Texas going to be a tough battle. But I do be- pand that, certainly, make states market. They’re famous because they lieve that we need to do that. aware that this is available for them to have a little green lizard who’s kind of The low income tax credit, or the use, that they can leverage those chil- their spokesman, the little green lizard premium support for an HSA like prod- dren’s health insurance dollars to buy with an English accent, in fact, who’s uct for someone whose low income, more health insurance. kind of their spokesman. again, an idea, certainly whose time And the other thing that we do that’s But the message is that if you can go has come. extremely important, if the Federal online and spend 15 minutes with them, Maybe we should allow employers to Government simply takes over the they can save you some money. make larger contributions to an HSA function of providing all of the insur- Wouldn’t it be great to provide that for a chronically ill employee, an em- ance for all of the children, the private same tool, that same device in the ployee who has diabetes or rheumatoid sector is completely crowded out. And health insurance market as well and arthritis or any of other of a number of is that fundamentally a good thing or a get the advantage of that, that very chronic diseases where, yeah, their bad thing? strong competitive market out there health expenditures are going to be I would argue that it is not in the that has been provided by the new higher because they were unlucky best interest of our country to let that technology of the information super- enough to have this chronic disease, so happen, that the private sector does be- highway? their health insurance may cost a little long in the children’s health insurance It’s certainly had a very significant bit more. But let’s allow the employer market. And we should, while we may beneficial effect on bringing down the the flexibility of perhaps contributing not be required to do anything to par- costs of term life insurance. And we a little bit more to that plan. ticularly subsidize that, we certainly saw this back in the late 1990s, the What about allowing the flexibility should not do anything that makes early part of this century. Why not for health savings accounts to coordi- that an untenable business model be- take that same competitive power and nate with other type of things that em- cause, ultimately, I think we are going unleash it for health insurance and ployers do to make the health care in- to be less satisfied with the result. allow more people to be covered? surance burden for their employees Federally qualified health centers. I referenced health savings accounts easier to bear? We are going to have to, we didn’t fin- before. Again, you can go on the Inter- b 2210 ish the work on reauthorization of the net and buy a health savings account federally qualified health center stat- now that’s available because some of Things like flexible spending acute last session of Congress. It is going the state-by-state restrictions do not counts. A flexible spending account to be important to try to do that again. apply because of the way that legisla- where an employer contributes a cer- Once again, that’s an issue that will tion was written. And this is an ex- tain amount of money each year so come through my committee on En- tremely powerful tool to put into peo- that their employee can go out and ergy and Commerce. We had some very ple’s hands. have some of the first dollar coverage good hearings on that last year, lead- One of the disadvantages, one of the that they otherwise might not have, ing up to the introduction of the bill by ways we disadvantage our citizens because even if they don’t have a Mr. BILIRAKIS, who is no longer with when it comes to purchasing a policy health savings account, just the reg- us. And that bill will come up again like a health savings account is that it ular deductible on regular commercial this year. is paid for with after tax dollars. You insurance, anyone who works and has I think that when you look at the don’t get that pre-tax expenditure. employer-derived insurance will tell federally qualified health center, one of We could, in fact, further leverage you that number has increased over the things that is really encouraging to the health insurance, how far a health the past 5 or 10 years. So flexible me is that a Congress, and I grant you insurance dollar could go in a family’s spending accounts are moneys that the it was 35 or 40 years ago, sat down and budget by tapping into that concept of employer puts away for the employee agreed amongst themselves, the Mem- a pre-tax expense. to help to use to offset some of these bers on both sides of the aisle, agreed But some of the things we have done expenses that may be incurred. what procedures, what items would be with health savings accounts, and If we allowed someone with a health covered under that federally qualified again, I would stress that since we savings account to participate in a health center statute. passed the Medicare Modernization Act flexible spending account and even And to me, that’s a beacon of hope, a scant 4 years ago, between 4 and 7 went further; for a flexible spending ac- that perhaps we can work, this body million people have now purchased count, at the end of the calendar year, can work together and decide on what health savings accounts. it is a use it or lose it phenomenon. If are the things that should be covered; I referenced early on that first off, the employer has contributed that if we wanted to have an insurance pol- back in the early 1990s or, I’m sorry, money or the employee has said, I want icy, for example, that was generally the middle 1990s, it was going to be to put away a tax-deferred amount of available for individuals who were cur- capped at 750,000 total policies. That money into this account so that I can rently uninsured. cap was removed with the Medicare spend it for health care needs and try What are the parameters that should Modernization Act, and as a con- to capture a little bit of that pretax be covered? What should we encourage? sequence now, at least 4 million people leveragability there, they lose that If we are going to go talk to the pri- have purchased health savings ac- money at the end of the year if they vate sector about insurance policies counts. Forty percent of those people haven’t spent it on their health care. that may be affordable by the Nation’s were previously uninsured. That means Why don’t we let that roll over into working poor, what should those things that number of the uninsured would be their health savings account and let cover, and can we ever come to an higher by a factor of a million or a mil- that health care nest egg accumulate agreement that will allow those types lion and a half had we not passed that at a little bit faster rate so that those of policies to be sold in one State or legislation that expanded health sav- citizens who do wish to utilize the another, and what could we do about ings accounts. power of a health savings account can

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.002 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11468 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 7, 2007 perhaps make it work even more to care workforce that is present today cost of buying our way out of the SGR their advantage? and the health care workforce that we formula and switching over to a cost- And what if someone wants to retire are going to want for the future. of-living formula, a cost-of-living ad- early and they have got that health Last year, in order to deal with this justment formula, known as the Medi- care nest egg built up in their health problem, I introduced a bill, H.R. 5866, care economic index, was pegged at savings account but now they are going the Medicare Physician Payment Re- about $118 billion, a significant sum of into early retirement, and doggone it, form and Quality Improvement Act of money. But $52 billion as a down pay- that insurance premium is going to be 2006. I introduced that bill in July. Of ment on a $118 billion problem, that an additional burden to bear? What course, with the August recess and seemed reasonable. It seemed like we about allowing them to draw on the then the recess before the election, were going in the right direction. health savings account to pay their there wasn’t a lot of time left in the But fast forward 4 years, and every premium to continue their health sav- year to work on it. The reason it was year, of course, we have done some- ings account in those years from their so important is because the system we thing similar, never quite as much as early retirement prior to the time that have developed in our Medicare sys- the $52 billion that was passed that they are covered by Medicare? It is an tem, parts A, B, C, and D are not paid first month that I was in Congress, but interesting concept and one I think for equally. The fact is that part B, the every year that at the end of the year this Congress would do well to spend part that is handled by physicians, is where we have had to add that money some time thinking about doing. dealt with in a different fashion. Part to keep physicians from seeing a pay I will come back again to the pretax A, the hospital; part C, the HMO; part reduction, we have increased the cost treatment of health care expenditures D, the prescription drug benefit, all of of eventually repealing the SGR so incurred under an HSA. Again, we can those each year receive essentially a that it now totals $280 billion. leverage a citizen’s dollars so much cost-of-living adjustment, an update, But wait. There is more. If you do more by allowing that type of treat- because the cost of inputs is going to not protect seniors, because by law in ment of those dollars. go up. part B of Medicare, seniors pay 25 per- Again, association health plans for The physician payment, this is an cent of the cost of the part B program, employers who want to provide their important concept. I realize it may which 75 percent is borne by the Fed- employees insurance but find they are sound arcane, but the physician pay- eral Treasury; 25 percent is recovered being increasingly priced out of the ment is handled differently. There Con- in premiums, and every time we in- market. Give them the flexibility to go gress, in its wisdom many, many years crease that amount, the premiums nec- out there and group together and say, ago, said if we can control the volume essarily increase. No one likes to do We are a group of realtors and we want and intensity of these payments, we that because those premium increases to be able to go out and buy health in- are going to be able to save money over by law hit in the month of October and surance in the market like we had a the long term. So a system was put in that is very close to an every 2-year whole bunch of employees rather than place called the Sustainable Growth election that occurs in the month of an office that employs five or six peo- Rate formula. You will hear it referred November. So everyone wants to deal ple because we are not getting a good to as the SGR. The problem with the with that problem of the premiums deal when we just go out and try to buy SGR is that every year physicians, in- going up every year. If you were to deal insurance in the market to cover five stead of getting a cost-of-living update with the entire problem, the SGR and or six employees at a time. based on the fact that their electricity premium protection for senior citizens, All of these things are critical for us costs more, it costs more to put gas in the costs suddenly goes up to $340 bil- to think about. All of these things are their car to drive to work, it costs lion. It is clear to see in a PAYGO envi- ways that we can improve the system more to pay their help, all of those ronment that that is almost an impos- that we have before us today. But we things go up, but the physician reim- sible hill to climb. do have to ask ourselves if we are per- bursements go down. An estimated 5 Last year in the Physician Payment haps putting the cart before the horse. percent a year, and this is projected to Reform and Quality Improvement Act Alan Greenspan, the gentleman’s go up for years in the future so that of 2006, in attempting to deal with name who is not unknown in this town, the accumulative effect will be a 30 to that, I looked for help within the the prior Chairman of the Federal Re- 35 percent reduction in physician reim- health care community, people to find serve Board, about 11⁄2 years ago came bursement in the Medicare system. places where there could be efficiencies and talked to a group of us one morn- And anyone just looking at this under- to help offset that SGR price tag that ing, talking about just things in gen- stands that that is untenable. You at that time was $218 billion. eral, and the question inevitably came can’t keep doing that. Every year Con- up about Medicare: How in the world gress has to come in at the last minute b 2220 are we ever going to pay for Medicare? and do something to keep that from Suffice it to say that those cost sav- How in the world are we ever going to happening for that year. Sometimes we ings were never identified. People were tackle this unfunded obligation that get it done; sometimes we don’t. But reluctant to come forth with areas in we have? the problem is every year that we put their particular part of Medicare where And Chairman Greenspan felt con- that fix in place, we increase the price they might save money. And as a confident that at some point some Con- tag for eventually getting out of that sequence, the pay-fors did not mate- gress would be able to deal with this system. rialize, and the bill was something we problem in a satisfactory way. And he A case in point: I first came to Con- didn’t take up. paused and he got quite reflective, and gress in 2003. In fact, the Congress be- This year, it’s not even just about he said, You know, what concerns me fore my first term here had not passed fixing that part of the formula. It is more is, is there going to be anyone any appropriations bills. So the first important to do that because one of there to provide the services when you thing we were faced with was a huge the pernicious effects of that formula need them? Of course he was talking omnibus bill, spending hundreds of bil- is you have doctors who are looking to- about our physicians. Of course he was lions of dollars. That omnibus bill con- ward their retirement and perhaps talking about our nurses. tained within it a fix for the doctors. thinking about accelerating it for a few Those are words that certainly I have And I remember the then chairman of years. So we have physicians in the taken to heart. And I think we do need the Ways and Means Committee com- workforce who may be leaving early to spend considerable effort on thinking to our conference and saying, I because they look down the road and ing about this problem and consider- have put a fix in there so that the doc- say, 5 percent reduction in the rate of able effort towards rectifying some of tors won’t see that pay cut that they Medicare reimbursement every year for the difficulties that are out there so got last year, and it is going to cost $52 the next 10 years for a cumulative total that we do, indeed, preserve the health billion to do that. At that time the of 30 or 35 percent, I don’t think so.

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.002 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 11469 Maybe I do need to get on with my re- It is going to be difficult. There so many things, we can always say it’s tirement plans. And then on the other again, I will reference the Medicare God’s plans, but the devil is in the de- end of the spectrum you have the Trustees Report. Again, 680,000 hospital tails, and sure enough in this situation young physician who is just getting beds that were not filled in 2005 be- the devil is in the details. The months out of medical school, who is meeting cause of improvements in the practice starting in July of this year will tell the residency in those primary care of medicine. We’ve come a long way the tale as to whether or not that plan high need specialties, they may need from the days of Benjamin Rush, when will actually work. But some very clev- some additional help. And finally, the they used leeches to treat their pa- er ideas were incorporated. student who’s finishing college and tients. Those 680,000 hospital beds that Now I will be the first to admit that looking to go to medical school; how weren’t filled in the Medicare system, as a Texan there are a lot of things am I going to deal with those signifi- that is money that is saved in the part that you can apply to Massachusetts cant loans I’m going to face when I get A part of Medicare, but the savings ac- that you could never apply in Texas. out of school? tually occur because of the work being But one of the concepts that I thought All three areas are going to require done in the part B part of Medicare. was, you have heard me reference sev- this Congress to think very carefully And there has got to be somewhere, eral occasions that wouldn’t it be great and work very hard on trying to craft some way within the Federal statutes to get the leverage of getting a pretax solutions. And I would just stress that that the savings that occur in part A or expense for someone who wanted to it is important not to craft a solution part C or part D because of continued buy their health insurance? Well, they that is only going to fix the short work and vigilance by the folks who found a way to do that in Massachu- term. We’ve really had this kicking- are practicing in part B, there has got setts, it’s called the Massachusetts the-can phenomenon or postponing- to be a way that those savings will ac- Connecter. And indeed, even back in the-pain phenomenon has worked only my home State of Texas I know they crue to part B, and use those savings as up to a point. And you have to believe are looking at this concept. There is the offset for lowering that total price that this type of trajectory does have a apparently a chapter in the IRS code, tag on the SGR formula. shelf life, and ultimately we’re going to Further, there are some places, un- we heard the last speaker say how com- reach a point where we are in fact no plicated the IRS code can be, but bur- fortunately, where people do attempt longer able to afford even those rel- ied within the IRS code is section 125, to abuse the system and take money atively modest, and I use the term which will allow for Federal tax de- that perhaps they are not entirely enti- modest advisedly because we are talk- ductibility of insurance premiums tled to. The Inspector General’s Office ing about a Washington expenditure where the State acts not so much as at HHS and the Department of Justice here, will be unable to afford even the broker, but the middle man, if the held a lengthy hearing with our Energy those modest payments that are re- State acts as the person who is going and Commerce Subcommittee a few quired to offset the reductions that to bring the buyer and seller in the in- happen year over year. weeks ago; it was a terribly enlight- surance market together, there is ap- And you might say, well, that’s not ening process. But the money that’s re- parently a way in the IRS code where so bad, it’s just the Medicare system. covered in those audits is not money there is a tax deductible treatment That’s just half of health care, how that should go to the Department of then of that expenditure. And think could that be that big a problem? The Justice, though don’t tell them I said about that for persons who are in the 20 unstated aspect of this is that every that, but it’s money that should go or 25 percent tax bracket. If they can private health insurance company out back to the part B of Medicare to offset buy their health insurance premiums there who writes insurance policies, I the eventual repeal and replacement of with 80 cent dollars, suddenly we’ve shouldn’t say every, but a lot, will peg the SGR formula with the Medicare gone a long way towards allowing them their reimbursement rates to what Economic Index. And I quite simply some additional flexibility within the Medicare pays. They pay 80 percent of don’t know any other way how to say plan. Medicare, they pay 120 percent of Medi- that. The thing I like the best about the care, but they pay some percentage of If we are not able to get that done Massachusetts plan is it does stress the what Medicare pays. And when we as a this year or next year or the year after, concept of personal responsibility. Congress say to the physicians of we do need to put some programs in That is to say that if you are a resident America, guess what? You get a 5.4 replace that will protect physicians from in the State of Massachusetts and you duction this year. Those companies those cuts that are programmed to can afford health insurance, then that peg their reimbursement rates to occur in 2008 and 2009. And again, that you’ve got no good reason not to have the Medicare 2007 reimbursement is part of the legislation that I will be health insurance and we are going to schedule are in fact also given a bit of working on to not only capture those require you to have it. Again, a con- a break. And they were never intended monies that rightfully belong to part B cept that may not work in other to be the recipients of the largess of to offset the eventual cost of repealing States. And Governor Schwarzenegger the Federal Government, but that’s the SGR, but additional things in place is looking at doing something in Cali- what happens when you have Federal to protect the earnings of the physi- fornia. I know in my home State of price controls on a system like health cians who care for our Medicare pa- Texas, Governor Perry is looking at care. tients during those years before the some options. Governor Jeb Bush in Well, improvements in the bill from SGR can be repealed. Florida and now Governor Crist, who last year I think are in progress. And Well, I mentioned earlier that some replaced him, all have the ability to the fact that the entire concept is split of the States have done some things look at the State programs because of into three parts to deal with the over- within their health plans that have flexibility that was put in the system all affordability of educating and pro- been innovative and really quite excit- when the Deficit Reduction Act passed viding the incentives for people to go ing; Massachusetts is probably the in December of 2005. Again, the much into medicine in the first place, pro- leader in that regard. It’s significant maligned Deficit Reduction Act gave viding the tools for their educational because the Governor of Massachusetts the tools to these State leaders so that process, providing some flexibility with is offering himself as a Presidential they can look at doing these innova- loan forgiveness, tax credits for the candidate and is certainly one of the tive plans in their States to provide young physician, and then finally, pro- individuals who can say ‘‘check the coverage for their populations who are viding some stability for the physician box, I’ve done that.’’ And working with uninsured. And after all, again, one of who is mature and in practice, that a legislature and a State senate who the great things about the United they are going to face a stable pricing was of the opposite party and not al- States is the States can serve as lab- environment going forward, not a con- ways aligned with his vision of where oratories. We don’t necessarily have to tinuously shrinking price environment things were and where they ought to change everything for the whole coun- going forward. be, was able to craft a plan. Just like try, we can see how it works in a given

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.002 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11470 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 7, 2007 State, and to the extent that it is help- United States is the world leader. In The motion was agreed to; accord- ful, we can expand the program. the past 10 years, 12 Nobel Prizes in ingly (at 10 o’clock and 34 minutes b 2230 medicine have gone to American-born p.m.), under its previous order, the scientists working in the United House adjourned until tomorrow, Tues- If we find it wasn’t helpful, we won’t States, three to foreign-born scientists day, May 8, 2007, at 10:30 a.m., for expand the program. But it is one of working in the United States, and just morning hour debate. those great things that our Founding seven have gone to researchers outside f Fathers envisioned, that the States of the country.’’ EXECUTIVE COMMUNICATIONS, would be great laboratories for needed That is what we need to preserve, ETC. social change to occur in this country. protect and defend. That is why these One of the other things that I didn’t issues are so important for us to face in Under clause 8 of rule XII, executive cover earlier because I wasn’t sure if this Congress. communications were taken from the time would permit it, I do obviously Speaker’s table and referred as follows: f need to say a word about the medical 1511. A letter from the Comptroller, De- liability system in this country. LEAVE OF ABSENCE partment of Defense, transmitting a report My home State of Texas, again, did of a violation of the Antideficiency Act by By unanimous consent, leave of ab- tackle this issue in 2003 and did pass a the Department of the Army, Case Number sence was granted to: State law that capped non-economic 04-12, pursuant to 31 U.S.C. 1351; to the Com- Mr. CUMMINGS (at the request of Mr. damages, much along the lines of the mittee on Appropriations. HOYER) for today. 1512. A letter from the Comptroller, De- Medical Injury Compensation Reform Mr. ISRAEL (at the request of Mr. partment of Defense, transmitting a report Act of 1975 that was passed in Cali- HOYER) for today. of a violation of the Antideficiency Act by fornia. Our State of Texas picked up the Department of the Army, Case Number Ms. KILPATRICK (at the request of Mr. that concept, modernized it for the 21st 06-01, pursuant to 31 U.S.C. 1351; to the Com- HOYER) for today on account of official century, and those caps on non-eco- mittee on Appropriations. business in the district. nomic damages, instead of just being 1513. A letter from the Under Secretary for Mr. MORAN of Kansas (at the request one realm of non-economic damages, Acquisitions, Technology and Logistics, De- of Mr. BOEHNER) for today on account partment of Defense, transmitting a review the cap is trifurcated, $250,000 thousand of inspecting tornado damage. of the Guided Multiple Launch Rocket Sys- cap on the doctor, $250,000 thousand cap Mr. TIAHRT (at the request of Mr. tem (GMLRS) program, pursuant to 10 U.S.C. on the hospital, $250,000 thousand cap 2433; to the Committee on Armed Services. BOEHNER) for today and May 8 and 9 on on the on a nursing home or second 1514. A letter from the Secretary, Depart- account of inspecting tornado damage. hospital, if one is involved. ment of Defense, transmitting a letter on the The critical thing about this is it has Mr. HULSHOF (at the request of Mr. approved retirement of Lieutenant General brought insurance costs for medical li- BOEHNER) for today and May 8 on ac- Dell L. Dailey, United States Army, and his ability insurance down by 20 percent in count of personal reasons. advancement to the grade of lieutenant general on the retired list; to the Committee on f my home State of Texas, and, remem- Armed Services. ber, medical liability costs were going SPECIAL ORDERS GRANTED 1515. A letter from the Secretary, Depart- up by 25 to 30 percent a year prior to ment of Defense, transmitting a letter on the the passage of that law. By unanimous consent, permission to approved retirement of Lieutenant General So it has had an immediate and bene- address the House, following the legis- William G. Boykin, United States Army, and ficial effect on physicians in Texas. lative program and any special orders his advancement to the grade of lieutenant And one of the unintended bene- heretofore entered, was granted to: general on the retired list; to the Committee (The following Members (at the re- on Armed Services. ficiaries was the mid-sized, commu- 1516. A letter from the Under Secretary for quest of Mr. PALLONE) to revise and ex- nity-based, not-for-profit hospital who Personnel and Readiness, Department of De- self-insured. Those hospitals have seen tend their remarks and include extra- fense, transmitting a letter on the approved a significant reduction in the amount neous material:) retirement of General Bryan D. Brown, of moneys that they had to put toward Mr. PALLONE, for 5 minutes, today. United States Army, and his advancement to medical liability, and, as a con- Mrs. MCCARTHY of New York, for 5 the grade of general on the retired list; to sequence, those are dollars that they minutes, today. the Committee on Armed Services. Ms. WOOLSEY, for 5 minutes, today. 1517. A letter from the Under Secretary for are investing in capital improvements, Personnel and Readiness, Department of De- Ms. SOLIS, for 5 minutes, today. nurses’ salaries, the very things you fense, transmitting a letter on the approved would want your medium-sized, not- Ms. JACKSON-LEE of Texas, for 5 min- retirement Vice Admiral Stanley R. for-profit community hospital to do if utes, today. Szemborski, United States Navy, and his ad- they had the flexibility to do so. Mr. ELLISON, for 5 minutes, today. vancement to the grade of vice admiral on I have legislation that I have drafted Ms. LORETTA SANCHEZ of California, the retired list; to the Committee on Armed that bases off the Texas plan. I think it for 5 minutes, today. Services. is reasonable legislation. In our budget (The following Members (at the re- 1518. A letter from the Under Secretary for Personnel and Readiness, Department of De- resolution that the Republicans had, quest of Mr. JONES of North Carolina) to revise and extend their remarks and fense, transmitting authorization of the en- the savings, and this was scored by closed list of officers to wear the insignia of CBO as a savings, at a time we are include extraneous material:) the grade of brigadier general accordance looking for ways to save money in the Mr. SHAYS, for 5 minutes, today. with title 10, United States Code, section 777; healthcare system to pay for other Mr. POE, for 5 minutes, May 14. to the Committee on Armed Services. things, it is almost unconscionable to Mr. MORAN of Kansas, for 5 minutes, 1519. A letter from the Director of Defense walk away from that $8 to $10 billion in May 8. Research and Engineering, Department of Defense, transmitting the Department’s re- savings that CBO scored this particular Mr. BURTON of Indiana, for 5 minutes, today and May 8, 9, 10, and 11. port on the management and adequacy of legislation. biometrics programs pursuant to Conference Mr. Speaker, I see that the hour, it (The following Member (at her own Report 109-702, that accompanies the John goes so quickly when you get down request) to revise and extend her re- Warner National Defense Authorization Act here to talk about these things. I will marks and include extraneous mate- for Fiscal Year 2007; to the Committee on wrap up. rial:) Armed Services. I do want to point out that Ameri- Ms. LEE, for 5 minutes, today. 1520. A letter from the EEO Programs Di- cans, for all of the criticism that we rector, Board of Governors of the Federal Re- f serve System, transmitting the third annual have, there was an article in The New ADJOURNMENT report pursuant to Section 203(a) of the No York Times published October 2006, Fear Act, Pub. L. 107-174, for fiscal year 2006; Tyler Cowan, who writes, ‘‘When it Mr. BURGESS. Mr. Speaker, I move to the Committee on Oversight and Govern- comes to medical innovation, the that the House do now adjourn. ment Reform.

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.002 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 11471 1521. A letter from the Under Secretary for Shelf Regulations-Technical Corrections mitting the Administration’s final rule — Acquisition, Technology and Logistics, De- (RIN: 1010-AD42) received May 3, 2007, pursu- Fisheries of the Exclusive Economic Zone partment of Defense, transmitting in accord- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Off Alaska; Rock Sole, Flathead Sole, and ance with Section 647(b) of Division F of the on Natural Resources. ‘‘Other Flatfish’’ by Vessels Using Trawl Consolidated Appropriations Act, FY 2004, 1532. A letter from the Acting Director, Of- Gear in Bering Sea and Aleutian Islands Pub. L. 108-199, the Department’s report on fice of Surface Mining, Department of the In- Management Area [Docket No. 070213033-7033- competitive sourcing efforts for FY 2006; to terior, transmitting the Department’s final 01; I.D. 040607E] received May 2, 2007, pursu- the Committee on Oversight and Govern- rule — Ohio Regulatory Program [OH-251- ant to 5 U.S.C. 801(a)(1)(A); to the Committee ment Reform. FOR] received May 4, 2007, pursuant to 5 on Natural Resources. 1522. A letter from the White House Liai- U.S.C. 801(a)(1)(A); to the Committee on Nat- 1541. A letter from the Director Office of son, Department of Health and Human Serv- ural Resources. Sustainable Fisheries, NMFS, National Oce- ices, transmitting a report pursuant to the 1533. A letter from the Assistant Secretary anic and Atmospheric Administration, trans- Federal Vacancies Reform Act of 1998; to the for Fish and Wildlife and Parks, Department mitting the Administration’s final rule — Committee on Oversight and Government of the Interior, transmitting the Depart- Fisheries of the Exclusive Economic Zone Reform. ment’s final rule — Migratory Bird Subsist- Off Alaska; Pollock in Statistical Area 610 of the Gulf of Alaska [Docket No. 070213032-7032- 1523. A letter from the Acting General ence Harvest in Alaska; Harvest Regulations 01; I.D. 031507E] received April 16, 2007, pursu- Counsel, Department of Housing and Urban for Migratory Birds in Alaska During the ant to 5 U.S.C. 801(a)(1)(A); to the Committee Development, transmitting a report pursu- 2007 Season (RIN: 1018-AU59) received April on Natural Resources. ant to the Federal Vacancies Reform Act of 12, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to 1542. A letter from the Deputy Assistant 1998; to the Committee on Oversight and the Committee on Natural Resources. Administrator for Regulatory Programs, Government Reform. 1534. A letter from the Acting Director, Of- NMFS, National Oceanic and Atmospheric 1524. A letter from the Assistant Secretary fice of Surface Mining, Department of the In- Administration, transmitting the Adminis- for Administration and Management, De- terior, transmitting the Department’s final tration’s final rule — Magnuson-Stevens Act partment of Labor, transmitting the Depart- rule — Missouri Regulatory Program [Dock- Provisions; Fisheries Off West Coast States; ment’s annual report for FY 2006, summa- et No. MO-039-FOR] received April 13, 2007, Pacific Coast Groundfish Fishery; Biennial rizing data and analysis of complaints filed pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Specifications and Management Measures; for the past five fiscal years and how the De- mittee on Natural Resources. Inseason Adjustments [Docket No. 070404078- partment is working to fulfill the require- 1535. A letter from the Deputy Assistant 7078-01; I.D. 082806B] (RIN: 0648-AV52) re- ments of the Act; to the Committee on Over- Secretary for Land and Minerals Manage- ceived April 27, 2007, pursuant to 5 U.S.C. sight and Government Reform. ment, Department of the Interior, transmit- 801(a)(1)(A); to the Committee on Natural 1525. A letter from the Assistant Secretary ting the Department’s final rule — Geo- Resources. for Legislative Affairs, Department of State, thermal Royalty Payments, Direct Use Fees, 1543. A letter from the Acting Director Of- transmitting the Department’s Annual No and Royalty Valuation (RIN: 1010-AD32) re- fice of Sustainable Fisheries, NMFS, Na- Fear Report to Congress for FY 2006, pursu- ceived April 26, 2007, pursuant to 5 U.S.C. tional Oceanic and Atmospheric Administra- ant to Section 203 of the Notification and 801(a)(1)(A); to the Committee on Natural tion, transmitting the Administration’s final Federal Employee Antidiscrimination and Resources. rule — Fisheries of the Economic Exclusive Retaliation Act of 2003, Pub. L. 107-174; to 1536. A letter from the Acting Director Of- Zone Off Alaska; Pacific Cod in the Bering the Committee on Oversight and Govern- fice of Sustainable Fisheries, NMFS, Na- Sea and Aleutian Islands [Docket No. ment Reform. tional Oceanic and Atmospheric Administra- 070213033-7033-01; I.D. 040907D] received April 1526. A letter from the Chairman of the tion, transmitting the Administration’s final 27, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to Board, National Credit Union Administra- rule — Magnuson-Stevens Fishery Conserva- the Committee on Natural Resources. tion, transmitting the Administration’s first tion and Management Act Provisions; Fish- 1544. A letter from the Deputy Assistant Notification and Federal Employee Anti- eries of the Northeastern United States; Administrator for Regulatory Programs, discrimination and Retalitiation Act of 2002 Northeast (NE) Multispecies Fishery; Modi- NMFS, National Oceanic and Atmospheric annual report covering fiscal years 2002 fication of the Yellowtail Flounder Landing Administration, transmitting the Adminis- through 2006; to the Committee on Oversight Limit for the U.S./Canada Management Area tration’s final rule — Fisheries in the West- and Government Reform. [Docket No. 04011-2010-4114-02; I.D. 040407D] ern Pacific; Optional Use of Electronic Log- 1527. A letter from the Director, Equal Em- received April 17, 2007, pursuant to 5 U.S.C. book Forms [Docket No. 070207026-7079-02; ployment Opportunity, National Endowment 801(a)(1)(A); to the Committee on Natural I.D. 012207A] (RIN: 0648-AS29) received April for the Humanities, transmitting the Endow- Resources. 27, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to ment’s report on incidences of discrimina- 1537. A letter from the Deputy Assistant the Committee on Natural Resources. tion, pursuant to Public Law 107-174, section Administrator for Regulatory Programs, 1545. A letter from the Director Office of 201; to the Committee on Oversight and Gov- NMFS, National Oceanic and Atmospheric Sustainable Fisheries, NMFS, National Oce- ernment Reform. Administration, transmitting the Adminis- anic and Atmospheric Administration, trans- 1528. A letter from the Chairman, Occupa- tration’s final rule — Pacific Albacore Tuna mitting the Administration’s final rule — tional Safety and Health Review Commis- Fisheries; Vessel List to Establish Eligi- Fisheries of the Carribean, Gulf of Mexico, sion, transmitting the Commission’s Fiscal bility to Fish for Albacore Tuna in Canadian and South Atlantic; Coastal Migratory Pe- Year 2006 annual report prepared in Waters Under the U.S. Canada Albacore lagic Resources of the Gulf of Mexico and accorance with Section 203 of the Notifica- Tuna Treaty [Docket No. 070119012-7077-02; South Atlantic; Closure [Docket No. tion and Federal Employee Antidiscrimina- I.D. 031307B] (RIN: 0648-AU78) received April 001005281-0369-02; I.D. 040407C] received April tion and Retaliation Act of 2002, Pub. L. 107- 30, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to 26, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Natural Resources. 174; to the Committee on Oversight and Gov- the Committee on Natural Resources. 1546. A letter from the Chief, Regulations ernment Reform. 1538. A letter from the Assistant Adminis- and Administrative Law, Department of 1529. A letter from the Office of the Dis- trator for Fisheries, NMFS, National Oce- Homeland Security, transmitting the De- trict of Columbia Auditor, transmitting a re- anic and Atmospheric Administration, trans- partment’s final rule — Drawbridge Oper- port entitled, ‘‘Letter Report: Sufficiency mitting the Administration’s final rule — ation Regulation; Detroit River (Trenton Review of the Water and Sewer Authority’s Pacific Halibut Fisheries; Catch Sharing Channel), Grosse Ile, MI [CGD09-07-004] (RIN: Fiscal Year 2007 Revenue Estimate in Sup- Plan [Docket No. 061229343-7050-02; I.D. 1625-AA09) received March 29, 2007, pursuant port of the Issuance of $300,000,000 in Public 121406A] (RIN: 0648-AV03) received April 30, to 5 U.S.C. 801(a)(1)(A); to the Committee on Utility Subordinated Lien Revenue Bonds 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Transportation and Infrastructure. (Series 2007)’’; to the Committee on Over- Committee on Natural Resources. 1547. A letter from the Chief, Regulations sight and Government Reform. 1539. A letter from the Deputy Assistant and Administrative Law, Department of 1530. A letter from the President and Chief Administrator for Operations, NMFS, Na- Homeland Security, transmitting the De- Executive Officer, Tennessee Valley Author- tional Oceanic and Atmospheric Administra- partment’s final rule — Drawbridge Oper- ity, transmitting the Authority’s Annual tion, transmitting the Administration’s final ation Regulations; Youngs Bay and Lewis Performance Report for FY 2006, in accord- rule — Fisheries of the Northeastern United and Clark River, OR. [CGD13-06-048] (RIN: ance with the requirements of the Govern- States; Atlantic Herring Fishery; 2007-2009 1625-AA09) received March 29, 2007, pursuant ment Performance and Results Act of 1993; Specifications [Docket No. 061228342-7068-02; to 5 U.S.C. 801(a)(1)(A); to the Committee on to the Committee on Oversight and Govern- I.D. 122206A] (RIN: 0648-AT66) received April Transportation and Infrastructure. ment Reform. 20, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to 1548. A letter from the Chief, Regulations 1531. A letter from the Assistant Secretary the Committee on Natural Resources. and Administrative Law, Department of — Land and Minerals Management, Depart- 1540. A letter from the Director Office of Homeland Security, transmitting the De- ment of the Interior, transmitting the De- Sustainable Fisheries, NMFS, National Oce- partment’s final rule — Safety Zones; Fire- partment’s final rule — Outer Continental anic and Atmospheric Administration, trans- works Displays within the Fifth Coast

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00066 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.002 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11472 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 7, 2007 [CGD05-06-091] (RIN: 1625-AA00) received Mr. RAHALL: Committee on Natural Re- authorize such Act through fiscal year 2010, March 29, 2007, pursuant to 5 U.S.C. sources. H.R. 487. A bill to amend the Chey- and for other purposes; to the Committee on 801(a)(1)(A); to the Committee on Transpor- enne River Sioux Tribe Equitable Compensa- Foreign Affairs. tation and Infrastructure. tion Act to provide compensation to mem- By Mr. ALEXANDER: 1549. A letter from the Chief, Regulations bers of the Cheyenne River Sioux Tribe for H.R. 2186. A bill to provide for the convey- and Administrative Law, Department of damage resulting from the Oahe Dam and ance of National Forest System land in the Homeland Security, transmitting the De- Reservoir Project, and for other purposes State of Louisiana; to the Committee on Ag- partment’s final rule — Special Local Regu- (Rept. 120–128). Referred to the Committee of riculture. lations for Marine Events; St. Mary’s River, the Whole House on the State of the Union. By Mr. ALEXANDER: St. Mary’s City, MD [CGD05-07-004] (RIN: Mr. RAHALL: Committee on Natural Re- H.R. 2187. A bill to make emergency sup- 1625-AA08) received March 29, 2007, pursuant sources. H.R. 1595. A bill to implement the plemental appropriations for Katrina recov- to 5 U.S.C. 801(a)(1)(A); to the Committee on recommendations of the Guam War Claims ery for the fiscal year ending September 30, Transportation and Infrastructure. Review Commission, with an amendment 2007, and for other purposes; to the Com- 1550. A letter from the Chief, Border Secu- (Rept. 110–129). Referred to the Committee of mittee on Appropriations, and in addition to rity Regulations Branch, Department of the Whole House on the State of the Union. the Committee on the Budget, for a period to Homeland Security, transmitting the De- Mr. HASTINGS of Florida: Committee on be subsequently determined by the Speaker, partment’s final rule — Advance Electronic Rules. House Resolution 377. Resolution pro- in each case for consideration of such provi- Presentation of Cargo Information for Truck viding for consideration of the bill (H.R. 1294) sions as fall within the jurisdiction of the Carriers Required to be Transmitted to extend Federal recognition to the Chicka- committee concerned. Through ACE Truck Manifest at Ports in the hominy Indian Tribe, the Chickahominy In- By Mr. DAVIS of Illinois (for himself States of Idaho and Montana [CBP Dec. 07- dian Tribe—Eastern Division, the Upper and Mr. JOHNSON of Illinois): H.R. 2188. A bill to establish kinship navi- 25] received May 2, 2007, pursuant to 5 U.S.C. Mattaponi Tribe, the Rappahannock Tribe, gator programs, to establish kinship guard- 801(a)(1)(A); to the Committee on Homeland Inc., the Monacan Indian Nation, and the ianship assistance payments for children, Security. Nansemond Indian Tribe (Rept. 110–130). Re- and for other purposes; to the Committee on ferred to the House Calendar. f Ways and Means, and in addition to the Com- Mr. REYES: Permanent Select Committee mittee on Education and Labor, for a period REPORTS ON COMMITTEES ON on Intelligence. H.R. 2082. A bill to authorize to be subsequently determined by the Speak- PUBLIC BILLS AND RESOLUTIONS appropriations for fiscal year 2008 for intel- er, in each case for consideration of such pro- ligence and intelligence-related activities of Under clause 2 of rule XIII, reports of visions as fall within the jurisdiction of the the United States Government, the Commu- committees were delivered to the Clerk committee concerned. nity Management Account, and the Central for printing and reference to the proper By Ms. DELAURO (for herself, Mr. Intelligence Agency Retirement and Dis- FATTAH, Mr. MCDERMOTT, Mr. calendar, as follows: ability System, and for other purposes; with DOGGETT, Mr. PASTOR, Mrs. MALONEY [Filed on May 4, 2007] an amendment (Rept. 110–131). Referred to of New York, Ms. CASTOR, Mrs. Mr. THOMPSON of Mississippi: Committee the Committee of the Whole House on the CAPPS, Ms. WOOLSEY, Mr. STARK, Ms. on Homeland Security, H.R. 1684. A bill to State of the Union and ordered to be printed. MCCOLLUM of Minnesota, Ms. authorize appropriations for the Department f SCHAKOWSKY, Mr. MCGOVERN, Mr. of Homeland Security for fiscal year 2008, PAYNE, Mr. COURTNEY, Ms. CARSON, and for other purposes; with an amendment PUBLIC BILLS AND RESOLUTIONS Mr. BISHOP of New York, Ms. KIL- (Rept. 110–122). Referred to the Committee of PATRICK, Mr. GRIJALVA, Mr. ELLISON, the Whole House on the State of the Union. Under clause 2 of rule XII, public bills and resolutions were introduced Mr. ALLEN, Mr. TOWNS, Ms. SUTTON, [Filed on May 7, 2007] and severally referred, as follows: Mr. KENNEDY, Mrs. CHRISTENSEN, Mr. Mr. OBERSTAR: Committee on Transpor- BISHOP of Georgia, Mr. TIERNEY, Ms. By Mr. BOREN (for himself and Mr. tation and Infrastructure. House Concurrent BORDALLO, Mr. SCOTT of Virginia, and KELLER): Resolution 124. Resolution authorizing the Mrs. JONES of Ohio): use of the Capitol Grounds for the National H.R. 2183. A bill to prevent legislative and H.R. 2189. A bill to require pre- and post- Peace Officers’ Memorial Service (Rept. 110– regulatory functions from being usurped by deployment mental health screenings for 123). Referred to the House Calendar. civil liability actions brought or continued members of the Armed Forces, and for other Mr. RAHALL: Committee on Natural Re- against food manufacturers, marketers, dis- purposes; to the Committee on Armed Serv- sources. H.R. 1294. A bill to extend Federal tributors, advertisers, sellers, and trade as- ices, and in addition to the Committee on recognition to the Chickahominy Indian sociations for claims of injury relating to a Veterans’ Affairs, for a period to be subse- Tribe, the Chickahominy Indian Tribe—East- person’s weight gain, obesity, or any health quently determined by the Speaker, in each ern Division, the Upper Mattaponi Tribe, the condition associated with weight gain or case for consideration of such provisions as Rappahannock Tribe, Inc., the Monacan In- obesity; to the Committee on the Judiciary. fall within the jurisdiction of the committee dian Nation, and the Nansemond Indian By Mr. ALLEN (for himself and Mrs. concerned. Tribe; with an amendment (Rept. 110–124). EMERSON): By Mr. DONNELLY: Referred to the Committee of the Whole H.R. 2184. A bill to amend the Medicare H.R. 2190. A bill to amend title 38, United House on the State of the Union. Prescription Drug, Improvement, and Mod- States Code, to direct the Secretary of Vet- Mr. RAHALL: Committee on Natural Re- ernization Act of 2003 to expand comparative erans Affairs to establish the Advisory Com- sources. H.R. 1140. A bill to authorize the effectiveness research and to increase fund- mittee on Rural Veterans; to the Committee Secretary, in cooperation with the City of ing for such research to improve the value of on Veterans’ Affairs. San Juan Capistrano, California, to partici- health care; to the Committee on Ways and By Mrs. DRAKE (for herself, Mr. BUR- pate in the design, planning, and construc- Means, and in addition to the Committee on GESS, Mr. EHLERS, Mr. HAYES, Mr. tion of an advanced water treatment plant Energy and Commerce, for a period to be MCCOTTER, Mr. TAYLOR, Mr. CAL- facility and recycled water system, and for subsequently determined by the Speaker, in VERT, Mr. LARSEN of Washington, Mr. other purposes. (Rept. 110–125). Referred to each case for consideration of such provi- FORBES, and Mr. GOODLATTE): the Committee of the Whole House on the sions as fall within the jurisdiction of the H.R. 2191. A bill to provide liability protec- State of the Union. committee concerned. tion to nonprofit volunteer pilot organiza- Mr. RAHALL: Committee on Natural Re- By Mr. KIRK (for himself, Mr. tions flying for public benefit and to the pi- sources. H.R. 1114. A bill to require the Sec- HASTINGS of Florida, Mr. EHLERS, Mr. lots and staff of such organizations; to the retary of the Interior, acting through the CARNAHAN, Mr. HINCHEY, Ms. WOOL- Committee on the Judiciary. Bureau of Reclamation and the United SEY, Mr. MORAN of Virginia, Mr. By Mr. HODES: States Geological Survey, to conduct a study ROYCE, Ms. JACKSON-LEE of Texas, H.R. 2192. A bill to amend title 38, United on groundwater resources in the State of Mr. BLUMENAUER, Mr. SHAYS, Mr. States Code, to establish an Ombudsman Alaska, and for other purposes (Rept. 110– MEEK of Florida, Mr. SOUDER, Ms. within the Department of Veterans Affairs; 126). Referred to the Committee of the Whole MCCOLLUM of Minnesota, Mr. to the Committee on Veterans’ Affairs. House on the State of the Union. FORTENBERRY, Mr. GONZALEZ, Mr. By Mr. ISRAEL (for himself and Mr. Mr. RAHALL: Committee on Natural Re- BERMAN, Mr. ACKERMAN, and Mr. KIRK): sources. H.R. 1080. A bill to modify the FARR): H.R. 2193. A bill to amend the Animal Wel- boundaries of Grand Teton National Park to H.R. 2185. A bill to amend the Tropical fare Act to increase the penalties for viola- include certain land within the GT Park Forest Conservation Act of 1998 to provide tions of such Act, to prohibit the use of ani- Subdivision, and for other purposes (Rept debt relief to developing countries that take mals for marketing medical devices, and for 110–127). Referred to the Committee of the action to protect forests and coral reefs and other purposes; to the Committee on Agri- Whole House on the State of the Union. associated coastal marine ecosystems, to re- culture.

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.002 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 11473

By Mr. PATRICK MURPHY of Pennsyl- thereon; which was referred to the Com- H.R. 1147: Mr. BLUMENAUER. vania: mittee on the Judiciary. H.R. 1157: Mr. ETHERIDGE, Mr. PAYNE, Ms. H.R. 2194. A bill to amend title 10, United f LORETTA SANCHEZ of California, Mrs. States Code, to authorize an allowance for NAPOLITANO, Mr. CALVERT, Mr. CHABOT, Mr. civilian clothing for members of the Armed ADDITIONAL SPONSORS BUTTERFIELD, Mr. TOWNS, Mr. PRICE of North Forces traveling in connection with medical Under clause 7 of rule XII, sponsors Carolina, Mr. SENSENBRENNER, Mr. MEEKS of evacuation; to the Committee on Armed New York, Mrs. BLACKBURN, Mr. DOGGETT, Services. were added to public bills and resolu- Mr. MOORE of Kansas, Mr. KAGEN, MR. WOLF, By Mr. PATRICK MURPHY of Pennsyl- tions as follows: Mr. LEWIS of Georgia, Mr. PORTER, Mr. vania (for himself and Mr. WALZ of H.R. 11: Ms. HIRONO. YOUNG of Alaska, Mr. HALL of New York, Mr. Minnesota): H.R. 23: Mr. CARNEY. HINOJOSA, Mr. SESTAK, and Mr. MEEK of Flor- H.R. 2195. A bill to amend title 10, United H.R. 25: Mr. ISSA. ida. States Code, to expand the education loan H.R. 67: Mr. RODRIGUEZ, Mr. HARE, Mr. H.R. 1188: Mr. SCHIFF. repayment program for members of the Se- HALL of New York, Mr. FATTAH, Mrs. JONES H.R. 1192: Mr. ETHERIDGE and Mr. ALLEN. lected Reserve; to the Committee on Armed of Ohio, Mr. COHEN, and Ms. BERKLEY. H.R. 1229: Mr. HIGGINS and Mr. ROSS. Services. H.R. 73: Mr. PLATTS. H.R. 1237: Mr. NEAL of Massachusetts, Mrs. By Mr. REYES (for himself, Mr. MAR- H.R. 135: Mr. HASTINGS of Florida. CUBIN, Mr. COBLE, and Mr. PAUL. KEY, Mr. INSLEE, Ms. HERSETH H.R. 140: Mr. PAYNE. H.R. 1239: Ms. BALDWIN. SANDLIN, and Ms. SCHAKOWSKY): H.R. 176: Ms. WATERS, Mr. HINOJOSA, Mr. H.R. 1293: Mr. ALTMIRE and Mr. WILSON of H.R. 2196. A bill to amend the Public Util- GUTIERREZ, and Mr. JEFFERSON. South Carolina. ity Regulatory Policies Act of 1978 to provide H.R. 180: Ms. SHEA-PORTER. H.R. 1294, Mr. GRIJALVA. for disclosure to consumers of the fuels and H.R. 260: Mr. PUTNAM. H.R. 1320: Mr. KIRK and Mr. JACKSON of Illi- sources of electric energy purchased from H.R. 410: Mr. KAGEN. nois. electric utilities, and for other purposes; to H.R. 443: Mr. PAUL. H.R. 1343: Mr. CARTER, Mr. MEEK of Flor- the Committee on Energy and Commerce. H.R. 445: Mr. PAUL. ida, Mrs. DAVIS of California, Mr. BISHOP of By Mr. SPACE: H.R. 454: Ms. WASSERMAN SCHULTZ. Utah, Mr. REYES, Ms. HERSETH SANDLIN, Ms. H.R. 2197. A bill to modify the boundary of H.R. 503: Mr. PAYNE, Ms. WATERS, and Ms. CLARKE, Mr. STUPAK, Mr. CUELLAR, Mr. the Hopewell Culture National Historical GIFFORDS. TOWNS, Ms. ROS-LEHTINEN, Mr. GUTIERREZ, Park in the State of Ohio, and for other pur- H.R. 507: Mr. SIMPSON, Mr. SHAYS, Mr. Mr. COSTELLO, Mrs. CUBIN, Mr. ISSA, Mr. poses; to the Committee on Natural Re- ABERCROMBIE, Mr. RODRIGUEZ, Mr. LUCAS, RODRIGUEZ, MR. HALL of Texas, Mr. BRADY of sources. Mr. DAVIS of Alabama, Mr. OBERSTAR, and Texas, Mr. AL GREEN of Texas, Mr. MCCAUL By Ms. SUTTON: Mr. OLVER. of Texas, Mr. EDWARDS, Ms. JACKSON-LEE of H.R. 2198. A bill to require an annual re- H.R. 539: Mr. RAMSTAD. Texas, Mr. DOGGETT, Mr. MARCHANT, Mr. port on contract oversight by Federal de- H.R. 563: Mr. KELLER. RUSH, Mr. WYNN, Ms. DEGETTE, Mr. SHIMKUS, partments and agencies; to the Committee H.R. 593: Mr. PAYNE. Mr. LOBIONDO, Mr. ETHERIDGE, Mr. UDALL of on Oversight and Government Reform. H.R. 618: Mr. TIM MURPHY of Pennsylvania. Colorado, Mr. WELCH OF VERMONT, AND MR. By Ms. SUTTON (for herself, Mr. H.R. 620: Mr. BLUMENAUER. RAHALL. CHABOT, Mrs. SCHMIDT, Mr. TURNER, H.R. 695: Mr. BISHOP of Georgia and Mr. H.R. 1344: Mr. PAYNE. Mr. JORDAN, Mr. GILLMOR, Mr. WIL- NEAL of Massachusetts. H.R. 1346: Mr. BOUCHER and Mr. LYNCH. SON of Ohio, Mr. HOBSON, Ms. KAP- H.R. 718: Mr. BOUCHER, Mr. COBLE, Mr. H.R. 1391, Ms. WATERS, Ms. HARMAN, Mr. TUR, Mr. KUCINICH, Mrs. JONES of MATHESON, and Mr. GARRETT of New Jersey. MCCOTTER, and Mr. PAYNE. Ohio, Mr. TIBERI, Mr. LATOURETTE, H.R. 722: Mr. PAYNE. H.R. 1413: Mr. LANGEVIN. Ms. PRYCE of Ohio, Mr. REGULA, Mr. H.R. 731: Mr. ELLSWORTH. H.R. 1420: Mr. MORAN of Virginia, Ms. RYAN of Ohio, and Mr. SPACE): H.R. 743: Mr. ROGERS of Michigan, Mr. BALDWIN, Mr. BAIRD, Mr. WAXMAN, Mr. SMITH H. Con. Res. 143. Concurrent resolution FRANKs of Arizona, and Mr. WALDEN of Or- of Washington, Mr. LEWIS of Georgia, Mr. honoring the 50th anniversary of Stan Hywet egon. SCHIFF, and Mr. KENNEDY. Hall & Gardens; to the Committee on Over- H.R. 758: Mr. EDWARDS. H.R. 1459: Mr. CRENSHAW, Mr. MARKEY, Mr. sight and Government Reform. H.R. 823: Mr. MARKEY, Ms. LINDA T. WEINER, Mr. DAVIS of Kentucky, and Mr. By Ms. WOOLSEY (for herself, Mr. SA´ NCHEZ of California, Mr. BISHOP of New SMITH of Nebraska. GEORGE MILLER of California, and Mr. York, Mr. BRALEY of Iowa, Mr. HODES, and H.R. 1461: Mrs. CHRISTENSEN and Mr. HARE): Mr. GRIJALVA. SERRANO. H. Res. 376. A resolution recognizing annu- H.R. 869: Ms. SHEA-PORTER. H.R. 1491: Ms. CLARKE. ally a National Classified School Employee H.R. 882: Mr. WU, Mr. LATOURETTE, Mr. H.R. 1498: Ms. WOOLSEY, Mr. PERLMUTTER, of the Year and honoring the valuable con- WILSON of South Carolina, Mr. RENZI, Mr. and Mr. RENZI. tributions of Classified School Employees in TOWNS, Mr. RAMSTAD, Mr. LANGEVIN, Mr. H.R. 1528: Mr. TIERNEY. the United States; to the Committee on Edu- JACKSON of Illinois, and Mr. PERLMUTTER. H.R. 1532: Mr. RUSH and Mr. SMITH of Wash- cation and Labor. considered and agreed to. H.R. 897: Mr. ELLSWORTH. ington. By Mr. FORTUN˜ O (for himself and Mr. H.R. 916: Mr. BRALEY of Iowa and Mr. H.R. 1535: Mr. HARE, Mr. RAHALL, and Mr. LANTOS): GRIJALVA. LAMPSON. H. Res. 378. A resolution honoring World H.R. 938: Mr. MARCHANT. H.R. 1554: Mr. BRALEY of Iowa. Red Cross Red Crescent Day; to the Com- H.R. 943: Mr. PAUL and Mr. JOHNSON of H.R. 1561: Mr. MCGOVERN. mittee on Foreign Affairs. Georgia. H.R. 1567: Mr. LANTOS, Ms. BALDWIN, Mr. By Mr. POE: H.R. 980: Mr. LINCOLN DAVIS of Tennessee, EMANUEL, Mr. GEORGE MILLER of California, H. Res. 379. A resolution congratulating Ms. ROS-LEHTINEN, Mr. TIBERI, Ms. GINNY Ms. JACKSON-LEE of Texas, Mr. EDWARDS, Nicolas Sarkozy on his election to the presi- BROWN-WAITE of Florida, Mr. DEFAZIO, Mr. and Mr. MATHESON. dency of France; to the Committee on For- COHEN, Mr. HASTINGS of Florida, Mr. H.R. 1582: Ms. ROS-LEHTINEN and Mr. eign Affairs. BLUMENAUER, and Mr. MARIO DIAZ-BALART of CARDOZA. By Mr. SALI (for himself and Mr. SIMP- Florida. H.R. 1586: Mr. BRADY of Texas. SON): H.R. 989: Mrs. MCMORRIS RODGERS, Mrs. H.R. 1589: Mr. WEXLER and Mr. ROTHMAN. H. Res. 380. A resolution resolution com- MYRICK, and Mr. BUYER. H.R. 1590: Mr. SHULER. mending Idaho on winning the bid to host H.R. 1017: Mr. RUSH. H.R. 1593: Mr. MELANCON. the 2009 Special Olympics World Winter H.R. 1023: Mr. WU, Mr. SHULER, Mr. BISHOP H.R. 1595: Mr. RANGEL, Mr. ORTIZ, Mr. Games; to the Committee on Foreign Affairs. of New York, Mr. SIMPSON, and Mrs. TOWNS, Ms. KAPTUR, Mr. MCDERMOTT, Mr. BACHMANN. PALLONE, Ms. NORTON, Mr. BARTLETT of f H.R. 1038: Mr. PLATTS. Maryland, Mr. CLYBURN, Mr. FARR, Mr. FIL- PRIVATE BILLS AND H.R. 1076: Mr. SIMPSON. NER, Mr. HINCHEY, Ms. WOOLSEY, Mr. ENGLISH RESOLUTIONS H.R. 1093: Mr. BOREN, Mr. WAMP, Mr. of Pennsylvania, Mr. JONES of North Caro- ALLEN, and Mr. HINCHEY. lina, Ms. JACKSON-LEE of Texas, Mr. DAVIS of Under clause 3 of rule XII, H.R. 1108: Mr. PATRICK MURPHY of Pennsyl- Illinois, Mr. KIND, Mrs. TAUSCHER, Mr. Ms. CARSON introduced a resolution (H. vania, Mr. WELCH of Vermont, Ms. SLAUGH- BOOZMAN, Ms. SOLIS, Mr. WILSON of South Res. 381) referring the bill (H.R. 2124), enti- TER, Mr. SCHIFF, and Mr. RUPPERSBERGER. Carolina, Mr. GINGREY, Ms. LINDA T. tled ‘‘A bill for the relief of Adela and Darryl H.R. 1125: Ms. WASSERMAN SCHULTZ, Mr. SA´ NCHEZ of California, Mr. SCOTT of Georgia, Bailor’’, to the chief judge of the United GEORGE MILLER of California, Mr. PLATTS, Mr. AL GREEN of Texas, Ms. WASSERMAN States Court of Federal Claims for a report and Mr. BLUNT. SCHULTZ, Ms. HIRONO, Mr. LOEBSACK, Mr.

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.002 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11474 CONGRESSIONAL RECORD—HOUSE, Vol. 153, Pt. 8 May 7, 2007

HOLDEN, Ms. WATSON, Mr. KUCINICH, Ms. H.R. 1889: Mr. GONZALEZ. Mr. MCGOVERN, Mr. MARKEY, Mr. MURPHY of MATSUI, and Ms. LEE. H.R. 1892: Mr. WILSON of Ohio. Connecticut, Mr. OBERSTAR, Mr. OLVER, Mr. H.R. 1628: Mr. CROWLEY. H.R. 1907: Mr. DINGELL. SCOTT of Virginia, Mr. SHAYS, and Mr. H.R. 1647: Ms. SUTTON, Mr. ADERHOLT, Mr. H.R. 1927: Mr. BRALEY of Iowa, Mr. TOWNS. BISHOP of Georgia, Ms. MOORE of Wisconsin, COSTELLO, and Mr. GENE GREEN of Texas. H. Con. Res. 102: Mr. FARR. and Mr. PORTER. H.R. 1937: Mr. HERGER, Mrs. CUBIN, Mr. H. Con. Res. 104: Mr. HONDA, Mr. GRIJALVA, H.R. 1649: Mr. MCHUGH and Mr. KAGEN. LARSEN of Washington, Mr. HALL of Texas, and Mr. FARR. H.R. 1653: Mr. WELCH of Vermont. Mr. PETERSON of Pennsylvania, Mr. ISSA, and H. Con. Res. 120: Mr. BLUNT, Mr. HOLT, Mr. H.R. 1673: Ms. DEGETTE. Mr. BARTON of Texas. VAN HOLLEN, and Ms. JACKSON-LEE of Texas. H.R. 1687: Mr. HARE, Mr. RAHALL, and Mrs. NSLEE RIJALVA H.R. 1945: Mr. I and Mr. G . H. Con. Res. 130: Mr. KENNEDY, Ms. KAP- MUSGRAVE. H.R. 1947: Mr. DOYLE. TUR, Mr. HINCHEY, Mrs. MYRICK, Mr. JEFFER- H.R. 1700: Mr. WELCH of Vermont, Mr. H.R. 1952: Mr. JINDAL and Mr. CUELLAR. SON, Mr. MCDERMOTT, Mr. CLEAVER, and Mr. BISHOP of Georgia, Ms. SHEA-PORTER, Mr. H.R. 1983: Ms. HIRONO, Mr. MICHAUD, Mr. RAMSTAD. ALTMIRE, Mr. CAPUANO, Mr. YARMUTH, Ms. BOUCHER, Mrs. EMERSON, Ms. ZOE LOFGREN of H. Con. Res. 133: Mr. RAMSTAD. HOOLEY, Mr. MURPHY of Connecticut, Mrs. California, Mr. MILLER of Florida, Mr. H. Con. Res. 138: Mr. MARSHALL. LOWEY, Mr. WALZ of Minnesota, Mr. SAR- SOUDER, and Mr. ABERCROMBIE. RIJALVA AVIS BANES, Ms. EDDIE BERNICE JOHNSON of Texas, H.R. 1992: Ms. MOORE of Wisconsin, Mr. H. Con. Res. 142: Mr. G , Mrs. D HERMAN OHEN Mr. THOMPSON of Mississippi, Mr. VAN RYAN of Ohio, and Mr. AL GREEN of Texas. of California, Mr. S , Mr. C , Mr. HOLLEN, Mr. UDALL of New Mexico, and Mr. H.R. 2019: Ms. JACKSON-LEE of Texas, Mrs. VAN HOLLEN, and Mr. GEORGE MILLER of MURTHA. MALONEY of New York, Ms. MATSUI, and Mr. California. H.R. 1705: Ms. HOOLEY, Mr. BAIRD, Mr. GONZALEZ. H. Res. 68: Mr. SERRANO. OSTELLO EEHAN LVER C , Mr. M , Mr. O , Mr. H.R. 2060: Mr. CHANDLER, Mr. AKIN, Mr. H. Res. 97: Mr. GRIJALVA. OHNSON OOLITTLE J of Georgia, Mr. D , Mr. OLVER, Mr. THOMPSON of California, Mr. H. Res. 101: Mr. BISHOP of Georgia. ICHAUD LATTS EINER M , Mr. P , and Mr. W . WALZ of Minnesota, Ms. ESHOO, Mr. SALAZAR, H. Res. 121: Mr. CLAY, Ms. WATERS, Mr. H.R. 1707: Ms. SLAUGHTER, Mr. TIERNEY, Mr. CUMMINGS, and Mr. AL GREEN of Texas. CONYERS, Mr. BACA, and Mr. BISHOP of Geor- Mr. WEINER, and Mr. MICHAUD. H.R. 2063: Mr. LOBIONDO and Mr. VAN gia. H.R. 1709: Ms. MATSUI. HOLLEN. H. Res. 221: Mr. HONDA. H.R. 1713: Mr. HONDA. H.R. 2079: Mr. GILCHREST. H.R. 1756: Mr. ELLSWORTH and Mr. H. Res. 227: Mr. FILNER. H.R. 2108: Mr. STARK and Mr. COHEN. GILLMOR. H. Res. 231: Mr. HASTINGS of Washington. H.R. 2111: Mr. CHANDLER. H.R. 1760: Mr. PETRI. H. Res. 282: Mr. MCGOVERN, Mr. BRALEY of H.R. 2116: Mr. CRENSHAW. H.R. 1771: Mr. GRIJALVA. Iowa, Ms. BEAN, Ms. SOLIS, Ms. MATSUI, Mr. UCAS OLE H.R. 1772: Mr. GORDON, Mr. WALZ of Min- H.R. 2127: Mr. L , Mr. C of Okla- COSTA, Ms. SHEA-PORTER, Mr. TIM MURPHY of ULLIVAN ALLIN nesota, Mr. GRIJALVA, and Ms. KAPTUR. homa, Mr. S , and Ms. F . Pennsylvania, Mr. MICHAUD, Mr. ELLISON, H.R. 1781: Mr. LEWIS of Georgia, Mr. FARR, H.R. 2135: Mr. KAGEN and Mr. POMEROY. and Mr. GARRETT of New Jersey. H.R. 2138: Mr. HOLDEN and Ms. SUTTON. Mr. GENE GREEN of Texas, Ms. SUTTON, Mr. H. Res. 291: Mr. BRALEY of Iowa, Mr. H.R. 2147: Ms. WASSERMAN SCHULTZ, Mr. RAHALL, Mr. MCCOTTER, and Ms. JACKSON- BISHOP of Georgia, Mr. HARE, and Mr. PAYNE, and Ms. CARSON. LEE of Texas. COSTELLO. H.R. 2161: Mr. KNOLLENBERG, Ms. KAPTUR, H.R. 1783: Ms. SHEA-PORTER, Mrs. BOYDA of H. Res. 296: Mr. CAMP of Michigan, Mr. Mr. WYNN, Mr. TURNER, and Mr. FILNER. Kansas, Mr. SPACE, Mr. BRALEY of Iowa, Mr. WILSON of Ohio, Mr. NADLER, Mr. MOORE of H. Con. Res. 21: Mr. FERGUSON and Mr. KLEIN of Florida, and Mr. DONNELLY. Kansas, Mr. MITCHELL, and Mr. VAN HOLLEN. KAGEN. H.R. 1791: Mr. CARTER. H. Res. 313: Mr. HUNTER. H.R. 1806: Ms. ROS-LEHTINEN and Mr. H. Con. Res. 48: Ms. KAPTUR and Mr. H. Res. 322: Mr. MARSHALL. KUCINICH. CONAWAY. H. Res. 351: Mr. MCHENRY, Mr. FEENEY, Mr. H.R. 1813: Ms. GINNY BROWN-WAITE of Flor- H. Con. Res. 70: Mr. BLUMENAUER. GINGREY, and Mr. HUNTER. ida and Mr. TOWNS. H. Con. Res. 80: Mrs. CAPPS and Ms. WA- H. Res. 352: Mr. GRIJALVA and Mrs. H.R. 1823: Mr. GOHMERT, Mr. FORTUN˜ O, and TERS. NAPOLITANO. Mr. PAYNE. H. Con. Res. 87: Mr. ARCURI, Mr. BAKER, H.R. 1845: Mr. EDWARDS and Mr. OLVER. Mr. BISHOP of Georgia, Ms. CORRINE BROWN of H. Res. 353: Mr. MARSHALL. H.R. 1866: Mr. RUPPERSBERGER, Ms. JACK- Florida, Ms. CARSON, Mr. COHEN, Mrs. DRAKE, H. Res. 354: Mr. WESTMORELAND. SON-LEE of Texas, Mr. REYES, and Mr. RENZI. Mr. DUNCAN, Mr. AL GREEN of Texas, Mr. H. Res. 369: Ms. LEE and Mr. MCDERMOTT. H.R. 1884: Mr. BARROW, Mr. WEXLER, Mr. HOEKSTRA, Mr. ISRAEL, Ms. JACKSON-LEE of H. Res. 371: Mr. KIND, Mr. BLUMENAUER, ROGERS of Alabama, and Mr. BISHOP of Utah. Texas, Mr. KUHL of New York, Mr. LOEBSACK, Ms. SUTTON, and Ms. BORDALLO.

VerDate Nov 24 2008 10:07 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00069 Fmt 0688 Sfmt 0634 E:\BR07\H07MY7.002 H07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 8 11475 EXTENSIONS OF REMARKS

TRIBUTE TO THE NORCROSS HIGH TRIBUTE TO HUDSON’S TRIBUTE TO GENERAL PETER J. SCHOOL BOYS BASKETBALL TEAM SCHOOMAKER HON. BILL SALI HON. IKE SKELTON HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. OF IDAHO OF GEORGIA OF MISSOURI IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Monday, May 7, 2007 Monday, May 7, 2007 Monday, May 7, 2007 Mr. JOHNSON of Georgia. Madam Speaker, Mr. SALI. Madam Speaker, I rise today to Mr. SKELTON. Madam Speaker, a distin- in the Fourth Congressional District of honor a distinctly American treasure: a burger guished career in the United States Army has Goergia, only a few schools excel III competi- done right. I have the privilege of housing in come to an end. General Peter J. Schoomaker tion on a State level that ignites a community. my district a burger joint that has been around recently retired after 35 years of service. Under the leadership and guidance of for over a century and was recently chronicled General Schoomaker graduated from the Coach Eddie Martin, the Norcross High School in the Wall Street Journal’s Raymond University of Wyoming in 1969 with a Bachelor Boys Basketball team has won a State Cham- Sokolov’s quest to find America’s best burger. of Science degree and later received a Master of Arts degree in Management from Central pionship for the school, the city of Norcross Hudson’s, located in Coeur d’Alene, Idaho, Michigan University. In addition, Hampden- and our beloved Fourth Congressional District. was founded by Harley Hudson in March 1907 These Blazing Blue Devils of Norcross have and is run by his great grandson Steve Hud- Sydney College awarded him an Honorary demonstrated the will to win, the courage to son. Hudson’s best known burger, the Doctorate of Laws. His military education in- win, the mechanics of teamwork and the as- Huddyburger is, as Sokolov reports, ‘‘certainly cludes the Marine Corps Amphibious Warfare tounding spirit of triumph from a mental and the best $2 burger in creation,’’ the ‘‘Platonic School, the United States Army Command physical battle. ideal of burgerdom.’’ and General Staff College, the National War The 9th day of March, 2007 will go down in Madam Speaker, my great state is known College, and the John F. Kennedy School of history as the Day that our Norcross High for many things: pristine rivers and lakes, gor- Government Program for Senior Executives in School Boys Basketball team became the geous mountains, an abundance of natural re- National and International Security Manage- AAAAA Champions of Georgia. sources, and hardworking citizens, but today I ment. The team has exhibited great moral char- rise to recognize it for one of its lesser known On August 1, 2003, General Schoomaker acter on and off the basketball court and gifts to this country: the Huddyburger. became the 35th Chief of Staff, United States Army. Prior to this assignment, he spent 31 through the halls of Norcross High. The Huddyburger and the Hudson family years in a variety of command and staff as- I was pleased to set aside April 21, 2007 to represent what is great about America: inge- signments with both conventional and special honor and recognize the Norcross High nuity, hard work, perseverance and dedication. operations forces. General Schoomaker has School Basketball Team for its victory for our I wish them the best and look forward to con- taken part in various deployment operations District. tinued success by the people of Idaho. around the world, including Desert One in f Iran, Urgent Fury in Grenada, Just Cause in f TRIBUTE TO THE CITY OF Panama, Desert Shield/Desert Storm in South- LEXINGTON TRIBUTE TO JAMAAL RASHARD west Asia, Uphold Democracy In Haiti, and ADDISON supported various worldwide joint contingency HON. IKE SKELTON operations, including those in the Balkans. General Schoomaker’s distinguished career OF MISSOURI HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. has been recognized by his peers as he has IN THE HOUSE OF REPRESENTATIVES OF GEORGIA been awarded: the Defense Distinguished Monday, May 7, 2007 IN THE HOUSE OF REPRESENTATIVES Service Medal, two Army Distinguished Serv- Mr. SKELTON. Madam Speaker, let me Monday, May 7, 2007 ice Medals, four Defense Superior Service take this means to recognize the fine accom- Medals, three Legions of Merit, two Bronze plishments of my hometown, Lexington, Mis- Mr. JOHNSON of Georgia. Madam Speaker, Star Medals, two Defense Meritorious Service souri, and its commitment to creating a more in the Fourth Congressional District of Geor- Medals, three Meritorious Service Medals, the beautiful and historic community. gia, there are many individuals who are called Joint Service Commendation Medal, Joint Last month, Discover Mid-America’s Des- to contribute to the needs of our community Service Achievement Medal, Combat Infantry- tinations 2007 named Lexington first among through leadership and service. man Badge, Master Parachutist Badge and historic towns, and Rural Missouri picked Lex- Jamaal Rashard Addison was born on Octo- HALO Wings, the Special Forces Tab, and the ington as its editor’s choice for most beautiful ber 7, 1980 and began his education in the Ranger Tab. town. Discover Mid-America said, ‘‘Lexington DeKalb County Educational School system Madam Speaker, I know the members of is one of those special Midwestern towns that and graduated from Lakeside High School the House will join me in commending General people return to time and again. Lexington has with honors. Schoomaker for a career of faithful service to more pre-Civil War homes and buildings than Jamaal Rashard Addison enlisted in the his Nation and wish him well in his retirement. any other community regardless of size in the United States Army on March 1, 2000 and f faithfully served this country until March 23, state of Missouri, over 120, and numerous PAYING TRIBUTE TO ANER 2003, when he became Georgia’s first fallen quaint and comfortable Bed & Breakfast inns.’’ IGLESIAS In its article, Rural Missouri said, ‘‘You will soldier in the Iraq war. love the antebellum charm of Lexington’s his- This remarkable young man gave of himself, HON. JON C. PORTER toric homes. Don’t miss the courthouse with its his time, his talent, and his life. OF NEVADA cannonball reminder of the Civil War.’’ Jamaal Rashard Addison was a soldier, a IN THE HOUSE OF REPRESENTATIVES Madam Speaker, I am proud to call the city warrior, a father, a son, a brother and a friend. of Lexington home and I know the members of I was pleased to set aside April 28, 2007 to Monday, May 7, 2007 the House will join me in congratulating the honor and recognize Jamaal Rashard Addison Mr. PORTER. Madam Speaker, I rise today entire community on its prestigious awards. for his leadership and service to our country. to honor Mr. Aner Iglesias for both his success

● 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 Nov 24 2008 10:08 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR07\E07MY7.000 E07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11476 EXTENSIONS OF REMARKS, Vol. 153, Pt. 8 May 7, 2007 as a business leader and for his generosity as tracted from the educational opportunities pro- PERSONAL EXPLANATION philanthropist to our community. vided to visitors. As a primary resource for Mr. Iglesias came to the United States from educators in the area, the museum’s collection HON. JULIA CARSON Cuba in order to join his family, who had pre- of more than 4,000 manuscripts and 300 origi- OF INDIANA viously left Cuba years before to escape polit- nal newspapers is offered free of charge and IN THE HOUSE OF REPRESENTATIVES ical prosecution. serves as a valuable resource for those seek- After his arrival to the United States, Mr. ing a direct glimpse of Lincoln’s time. Students Monday, May 7, 2007 Iglesias graduated from California State Poly- are encouraged to attend docent-led school Mr. CARSON. Madam Speaker, on Thurs- technic University in Pomona, California, tours and can easily access a wealth of infor- day, May 3, I was unable to vote on Roll # where he earned a dual degree in electrical mation to use for school projects or personal 300 because the Capitol Hill police would not engineering and business administration in enjoyment. let my vehicle enter the grounds due to a se- 1989. At age of 24, Mr. Iglesias established Highlighting our community’s pride in curity ‘‘event’’ regarding the escort of a foreign his first business. Today, Mr. Iglesias operates hosting this important site, a fundraising drive dignitary. Had I been available to enter I would and owns a chain of supermarkets with yearly in the 1990s resulted in donations of more have voted ‘‘No.’’ revenues exceeding $150 million. He is also a than $1 million, which helped provide a 2,000– f real estate investor with properties in Nevada, foot expansion of the Shrine. Two new wings Florida, and California. were carefully designed to complement the IN TRIBUTE TO DONALD W. In addition to his business endeavors, Mr. original octagon shape, paving the way for fur- HAYNES HONORING THE THIRTY- Iglesias has also been known for his support ther Lincoln artifacts. This expansion could not TWO YEAR SERVICE ON THE and leadership role in the opening of the Sal- have occurred without the dedication of those HOUSTON FIRE DEPARTMENT vadorian Consulate in Las Vegas, Nevada. He residing in my district. has served as a member of the Board of Di- A moving tribute to the Shrine’s 75th anni- HON. SHEILA JACKSON-LEE rectors of the Ronald McDonald House of Los versary is planned for November of 2007, OF TEXAS Angeles since 1999. He is currently a member when the Lincoln Shrine releases a book de- IN THE HOUSE OF REPRESENTATIVES of the America United Bank Board, and he scribing and detailing the various artifacts in Monday, May 7, 2007 has also contributed and supported the Buena their collection. An extensive set of photos and Nueva Foundation and other non-profit organi- letters will be included in the book, with ex- Ms. JACKSON-LEE of Texas. Madam zations, including the Las Vegas Rescue Mis- planatory comments to guide the reader. This Speaker, I rise to pay tribute to Donald W. sion and Safe Nest. Iglesias is an active mem- book will serve to foster interest in those who Haynes, of Houston, Texas, on his retirement ber of the Latin Chamber of Commerce, the have not yet visited the Shrine, and will further from the Houston Fire Department after 32 United Grocers Committee, the Mexican- elaborate upon the knowledge of individuals years of dedicated service. American Grocers Association and the Amer- already familiar with the Lincoln Shrine’s all- Donald Haynes’ roots were planted in the ican Grocers Association. embracing collection. deep, strong foundation of family. Donald was Madam Speaker, I am proud to honor Aner Madam Speaker, I am honored to represent born in Beaumont, Texas to Mr. and Mrs. Iglesias. His years of service to the State of a community of citizens dedicated to pro- Elwin and Evelyn Haynes. He is the oldest of Nevada are admirable and I wish him the best gressing the growth of a research center and their four children. Because Donald’s father in his future endeavors. museum such as the Shrine. I ask my col- was in the U.S. Navy, the Haynes family relo- f leagues to join with me in recognizing the im- cated to different military assignments approxi- mense value of the Lincoln Memorial Shrine mately every 3 years. As such, Donald has HONORING THE LINCOLN MEMO- and in wishing them many more years of suc- been privileged to travel to many places RIAL SHRINE ON THEIR 75TH AN- cess. across the country and the world. He has lived NIVERSARY f in Providence, Rhode Island; Morocco, North Africa; Norfolk, Virginia; Alameda, California; HON. JERRY LEWIS TRIBUTE TO THE ATLANTA VET- Middletown, Rhode Island; and San Juan, OF CALIFORNIA ERANS AFFAIRS MEDICAL CEN- Puerto Rico. TER IN THE HOUSE OF REPRESENTATIVES Madam Speaker, though he traveled and relocated to many domestic and foreign places Monday, May 7, 2007 HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. in his young life, Donald worked diligently to Mr. LEWIS of California. Madam Speaker, OF GEORGIA finish his educational studies. Donald grad- as we approach the bicentennial of Abraham IN THE HOUSE OF REPRESENTATIVES uated from Antilles High School in San Juan, Lincoln’s birth, I am pleased today to stand in Puerto Rico in 1970, the same year his father recognition of the 75th anniversary of the Lin- Monday, May 7, 2007 retired from the U.S. Navy. When his family coln Memorial Shrine located in Redlands, Mr. JOHNSON of Georgia. Madam Speaker, returned to Beaumont, Texas Donald attended California. While leading a divided nation, in the Fourth Congressional District of Geor- Lamar University his freshman year. In the President Lincoln remained committed to the gia, there are many professionals in the med- summer of 1971 the Haynes family moved to principles of liberty, integrity, and personal re- ical field who render excellent service to our Houston, Texas. Donald transferred to the sponsibility. It is these ideals that represent citizens. University of Houston and graduated from the core of what Robert and Alma Watchorn The Atlanta Veterans Affairs Medical Center there in December 1974 with a B.S. in Psy- envisioned when they created the Lincoln has met and exceeded national standards with chology. Mr. Haynes received an M.S. Degree Shrine in 1932. its staff of skilled laboratory professionals. in Criminal Justice Administration from Sam It is a great honor that the Watchorns chose The laboratory staff of the Atlanta Veterans Houston State University in 1988 and an A.S. to dedicate and present the Shrine to Red- Affairs Medical Center has demonstrated a Degree in Fire Technology in 1992 from Hous- lands, my hometown and a prominent city in spirit of giving, service and leadership. ton Community College. He is also a graduate my district. Through the contributions of my Our beloved Fourth District, families and of the 166th Session of the FBI National Acad- constituents, the Shrine has become a nation- community have benefited from the fine work emy held in Quantico, Virginia from June 1991 ally-known education center for our 16th and of the laboratory staff of the Atlanta Veterans to September 1991. perhaps greatest president. As the only Lin- Affairs Medical Center. Donald’s graduation from the University of coln-dedicated museum and library west of The laboratory staff of the Atlanta Veterans Houston was merely the beginning step of a Springfield, Illinois, the Shrine attracts thou- Affairs Medical Center has worked tirelessly to long glorious journey of public service. Donald sands of professional and amateur historians give their best to preserve integrity and pro- worked for Southwestern Bell Telephone Com- with a wide variety of exhibits, events, and vide quality service. pany for about six months prior to his accept- projects featuring Abraham Lincoln and the I was pleased to set aside April 22nd—28th, ance into the Houston Fire Academy in June Civil War period. 2007 to honor and recognize the Atlanta Vet- 1975. He graduated in October 1975 and was The Watchorns would be pleased to know erans Affairs Medical Center for its out- elected President of the 1975- B Class. His that the prominence of the shrine has not de- standing service to our District. first assignment was Hobby Airport, Station 36

VerDate Nov 24 2008 10:08 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR07\E07MY7.000 E07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 8 11477 on the A Shift. He later transferred to Station nalist of the Year for the State of Nevada by sion to help ensure that our future—our chil- 35 after his probationary period was com- the Small Business Administration. dren—will be healthy and prosperous. pleted. His commitment to proving news and infor- I was pleased to set aside April 21, 2007 to In 1977, as one of two firefighters with a mation to his fellow Nevadans has resulted in honor and recognize Dr. Yvonne Sanders-But- college degree at his fire station, Donald was the SBA presenting him with this distinguished ler for her leadership and services to our Dis- selected to attend Polygraph School. Donald honor. Hernando is the Associate Editor for El trict. graduated from Polygraph School, completed Tiempo Libre, a Spanish language newspaper f his internship and became a Texas Licensed which is owned by the Las Vegas Review Polygraph Examiner in May 1978. He has Journal. His role at El Tiempo allows TRIBUTE TO THE ROCKDALE conducted polygraph examinations for the Hernando to provide Hispanics in the Las COUNTY BOARD OF EDUCATION Houston Arson Bureau, HFD Internal Affairs, Vegas area with both the local and national HFD Recruiting Division; Homicide Division of news. El Tiempo provides residents with an- HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. the Houston Police Department; Airport Police, other reliable news option in Southern Ne- OF GEORGIA Park Police, City Marshall’s Office and other vada. IN THE HOUSE OF REPRESENTATIVES Hernando came to the United States in the law enforcement agencies. Monday, May 7, 2007 Though Donald had accumulated numerous 1990s from Columbia. During his time in Co- achievements, he did not rest on his laurels lumbia, Hernando worked as a broadcast jour- Mr. JOHNSON of Georgia. Madam Speaker, but continued to excel at every level and dis- nalist for the Colombian National Army. In this in the Fourth Congressional District of Geor- tinguished himself through a number of praise- capacity, Hernando worked to dismiss propa- gia, many schools strive to excel. worthy promotions. Donald’s promotions ganda disseminated by Colombian guerilla Under the leadership and guidance of the through the Civil Service ranks of the Houston groups, however, he was forced to leave the Rockdale Board of Education, and the Super- Fire Department include: Chauffeur in May country when his family’s life was threatened intendent Dr. Samuel King,—the principals, 1980; Inspector in September 1982; Investi- by these groups. After his arrival in the United teachers, staff and students in Georgia’s gator in 1985; Senior Investigator in November States, Hernando’s dedication and persever- Rockdale County school system have met and 1995 and Asst. (Chief) Arson Investigator Sep- ance ensured his success with both the jour- exceeded national standards. tember 2001. Donald was also appointed to nalism and business communities in Nevada. The Rockdale County Board of Education the rank of Assistant Fire Chief from 1992 to As a result of his own experiences and members have demonstrated the will to win, 1993. achievements with the business community, the courage to win, the mechanics of team- Donald also holds a number of State Certifi- Hernando has been able to share his knowl- work and the astounding spirit of triumph from cations. He has been a licensed polygraph ex- edge and expertise with individuals in the His- building a system that serves all in the county. aminer for 29 years. In, addition, he is a Mas- panic community that are aspiring to becoming Our beloved children and community will ter Firefighter; Master Fire and Arson Investi- small business owners. He believes in sup- benefit from the seeds that the Board of Edu- gator; Master Peace Officer, TCLEOSE In- porting these individuals with the information cation and Administration have planted to instructor; Intermediate Fire Instructor; and Field and knowledge that will allow them to be suc- sure that Rockdale will always be prosperous Examiner. cessful small business owners. In conjunction and productive. Madam Speaker, Donald has admirably with the Latin Chamber of Commerce, This unique board has given of themselves served over 22 years in the Houston Arson Hernando holds communication workshops for tirelessly and unconditionally to providing the Bureau as a State of Texas commissioned those who wish to establish and begin their best that they have to preserve integrity, Peace officer. He also has contributed to com- own small business endeavors. scholarship, leadership, and service for all of munity outreach service. He has been a mem- Madam Speaker, I am proud to honor Rockdale County. ber of the Omega Psi Phi Fraternity, Inc for Hernando Amaya Moreno. His dedication to I was pleased to set aside April 21, 2007 to over 35 years. He is also a Life Member of the the community is commendable and I wish honor and recognize the Rockdale County NAACP, and has served on the Board of Di- him continued success. Board of Education for their outstanding serv- rectors of Shape Community Center for over f ice to our District. 10 years (1992–2003). f Chief Donald W. Haynes has proudly served TRIBUTE TO DR. YVONNE the Houston Fire Department and the Citizens SANDERS-BUTLER TRIBUTE TO ZINGERMAN’S DELI- of Houston, Texas from June 1975 until Feb- CATESSEN ON ITS 25TH ANNI- ruary 2007, a period for 31 years and 8 HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. VERSARY months. Though Donald extinguished many OF GEORGIA fires in his career, it was an inner blazing and IN THE HOUSE OF REPRESENTATIVES HON. JOHN D. DINGELL burning flame that sparked his desire to per- OF MICHIGAN Monday, May 7, 2007 form at the highest level. IN THE HOUSE OF REPRESENTATIVES Mr. JOHNSON of Georgia. Madam Speaker, In closing, Madam Speaker, let me say that Monday, May 7, 2007 I, on behalf of all Houstonians, am grateful for in the Fourth Congressional District of Geor- the outstanding dedication and public service gia, there are many individuals who are called Mr. DINGELL. Madam Speaker, I rise today Donald has given to the Houston Community to contribute to the needs of our community to pay tribute to Zingerman’s Delicatessen, in for nearly 32 years. We can never repay you through leadership and service. Ann Arbor Michigan. This year Zingerman’s is for the priceless service you have bestowed Dr. Yvonne Sanders-Butler has given of her- celebrating its 25th anniversary. on our community. We congratulate you and self as a principal of Browns Mill Elementary Zingerman’s was founded in 1982 in Ann hope that your well-earned retirement brings School, an author, a nutritional advocate and Arbor, Michigan by Paul Saginaw and Ari joy to your life. a children’s advocate. Weinzweig. It is now known internationally and f Dr. Yvonne Sanders-Butler has pioneered renowned as one of America’s best delicates- and sustained Georgia’s First sugar free sens. Along with the University of Michigan, PAYING TRIBUTE TO HERNANDO school which serves as a model to the country Zingerman’s is also one of Ann Arbor’s best AMAYA MORENO as a tool in promoting the physical and mental known and popular tourist attractions. welfare of our children. From its original store in 1982, Zingerman’s HON. JON C. PORTER This phenomenal woman has shared her has grown and now operates 8 separate gour- OF NEVADA time and talents for the betterment of our com- met food businesses throughout Michigan, IN THE HOUSE OF REPRESENTATIVES munity and our Nation through her tireless employing 545 individuals and serving as an works, motivational speeches, and words of example to other businesses by providing its Monday, May 7, 2007 wisdom. employees with excellent compensation, bene- Mr. PORTER. Madam Speaker, I rise today Dr. Sanders-Butler is a virtuous woman, a fits and vacation time. to honor Mr. Hernando Amaya Moreno who courageous woman and a fearless leader who Along with their commitment to an equitable has been named the Small Business Jour- has shared with the world her vision and pas- work environment, co-founders Paul and Ari

VerDate Nov 24 2008 10:08 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR07\E07MY7.000 E07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11478 EXTENSIONS OF REMARKS, Vol. 153, Pt. 8 May 7, 2007 also have a lasting commitment to providing The people of this great Nation share a colleges and universities, providing the driving their customers with cuisine of the utmost common spirit and heritage. Whether born on force behind one of the most effective national quality. This quality has been recognized fre- the soil of this land or having chosen to come institutions ever to impact the educational quently, as Zingerman’s has been the recipi- here in search of a better life—one free of po- needs of the Latino community. ent of numerous culinary awards, including, litical, social, and economic oppression, we The LINC TELACU Education Foundation most recently, the Food Network’s 2007 ‘‘De- are a Nation of pioneers. We believe in the has accepted this challenge head on, com- lectable Delivery of the Year’’ award. The New American dream, and the promise that through bining important financial assistance with high- York Times also covered Zingerman’s anniver- our labors we can achieve educational and ly effective programs that ensure college com- sary with an article in its May 2, 2007 edition. economic success. No barrier is too imposing, pletion. The foundation supports 600 college Zingerman’s is an Ann Arbor original and it no obstacle to tall that it should stand in the students and serves 2,000 elementary, middle is commonly acknowledged that there are few, way of pursuing this dream. and high school students and veterans each if any, better places in the world at which to Two of my congressional predecessors, year. The success of this extraordinary foun- get a nosh. With all that it has done in the last Senators Robert F. Kennedy and Jacob Javits, dation is best summarized by the numbers: Its 25 years, I ask that you join me in recognizing advanced legislation in the 1960s that pro- scholar retention and college graduation rates the anniversary of Zingerman’s Delicatessen; moted this dream by laying the foundation for are an astounding 100 percent. the honors and accomplishments of co-found- an organization called TELACU. Since its Madam Speaker, I join today with commu- ers Paul Saginaw and Ari Weinzweig; and founding in 1968, TELACU has become the nity leaders throughout my State to express their contributions to the City of Ann Arbor, the largest community and economic development our Nation’s gratitude to TELACU, the LINC State of Michigan, and the United States of corporation in the United States. TELACU is a TELACU Education Foundation and for schol- America. pioneered institution committed to service, em- arship programs like this one, for believing in f powerment, advancement and the creation of the dream of higher education for all of Amer- PAYING TRIBUTE TO JOHN self-sufficiency within the Latino community. ica’s next generation of leaders. SNYDER Brought to life through a small investment f appropriated by Congress, TELACU has grown to become an organization with nearly HONORING THE LOUISIANA HON. JON C. PORTER $500 million in assets, creating thousands of HONOR AIR VETERANS OF NEVADA jobs, affordable homes, loans to small busi- IN THE HOUSE OF REPRESENTATIVES ness people, and most importantly, numerous HON. CHARLES W. BOUSTANY, JR. Monday, May 7, 2007 educational opportunities for our Latino youth OF LOUISIANA Mr. PORTER. Madam Speaker, I rise today and veterans. IN THE HOUSE OF REPRESENTATIVES to honor John Snyder for his recent induction TELACU established the LINC TELACU Monday, May 7, 2007 into the National Teacher’s Hall of Fame. Education Foundation, LTEF. For more than 2 Mr. Snyder is the first teacher from Nevada decades, the Education Foundation has been Mr. BOUSTANY. Madam Speaker, I rise ever to be inducted into the National Teacher working towards removing the formidable bar- today to recognize and honor a very special Hall of Fame and is one of five educators to riers that prevent Latino youth from achieving group from South Louisiana. be inducted in the Class of 2007. His teaching academic success. Latino youth not only On May 11, 2007 a group of 96 veterans career began in the early 1980’s as an English struggle against the effects of low-income and their guardians will fly to Washington with teacher at Hyde Park Junior High School. At households, inadequate support and coun- a very special program. Louisiana HonorAir is the time, computers were just beginning to seling, but a lack of professional and aca- providing the opportunity for these veterans proliferate into academic establishments and demic role models, all of which contribute to from my home state of Louisiana to visit Mr. Snyder became impassioned to start a why only 39 percent of Latino high school Washington, DC on a chartered flight free of computer club at Hyde Park. Shortly there- graduates in Los Angeles County go on to charge. During their visit I will accompany after, Mr. Snyder became a full-time computer higher education. them to visit Arlington National Cemetery and programming teacher, a position he has held TELACU Education Foundation realized that the World War II Memorial. For many, this will for nearly 25 years. Mr. Snyder has taught there is no more vital asset in any community be their first and only opportunity to see these computer courses at Charparral and Cimarron than its human capital, which is why they sights dedicated to the great service they have Memorial High School. In 1994, he moved to began their efforts to reverse these trends. For provided for our nation. the Advanced Technologies Academy and for more than 2 decades, the LINC TELACU Edu- Today I ask my colleagues to join me in over a decade, Mr. Snyder has been greatly cation Foundation has contributed to the de- honoring these great Americans and thanking enriching the lives of those students attending velopment of our future Latino leaders through them for their unselfish service. A-Tech, a nontraditional high school that al- a variety of programs designed to maximize f lows students the opportunity to focus on tech- the potential of our youth. nical careers. The LINC TELACU Scholarship Program, RECOGNIZING DADE CITY, FLOR- Madam Speaker, I am proud to honor John established in 1983, is one program that helps IDA, FOR THEIR MAIN STREET Snyder. His enthusiasm, commitment and per- students realize their dream of a college edu- RENOVATION PROGRAM sonal attention have greatly enhanced the cation by providing scholarships, supple- educational experience of countless students. mented by other essential support. HON. GINNY BROWN-WAITE I congratulate him for this well deserved In conceiving the foundation, TELACU dis- OF FLORIDA honor, thank him for his dedication and com- covered that while financial assistance is vital IN THE HOUSE OF REPRESENTATIVES mitment and wish him the best in his future for college students to achieve academic suc- Monday, May 7, 2007 endeavors. cess, other factors are also important. Stu- f dents who are the first in their families ever to Ms. GINNY BROWN-WAITE of Florida. TRIBUTE TO TELACU FOR ITS attend college often lack the support system Madam Speaker, I rise today to recognize the COMMITMENT TO THE ADVANCE- necessary to achieve their dream. Socio- outstanding steps taken by Dade City leaders MENT AND EMPOWERMENT OF economic factors, family responsibilities, cul- to renovate and improve their Main Street LATINOS tural identity and financial stress create very area. These efforts to revitalize Main Street real conflicting challenges to academic life. have made Dade City one of the brightest The LINC TELACU Scholarship Program spots on the Gulf Coast of Florida. On May HON. JOE BACA provides its youth not only with monetary as- 18, 2007, Dade City is celebrating its 20th an- OF CALIFORNIA sistance, but also counseling, leadership train- niversary as part of Florida’s Main Street pro- IN THE HOUSE OF REPRESENTATIVES ing, classes in time management and other gram. Monday, May 7, 2007 subjects that will help them succeed in col- Noticing a decline in the beauty and eco- Mr. BACA. Madam Speaker, I ask for unani- lege. nomic vitality of Dade City’s downtown in the mous consent to revise and extend my re- TELACU has partnered with corporate do- 1980s, local leaders began to look into joining marks. nors, private individuals, and a vast network of the Main Street program. Pat Weaver, Otto

VerDate Nov 24 2008 10:08 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR07\E07MY7.000 E07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 8 11479 Weitzenkorn, Helen Brandt and the late Lewis and explore reading. In addition, Poppy Lane PAYING TRIBUTE TO PROFESSOR Abraham banded together to find the re- Publishing Company has published numerous KENNETH LINDSAY sources to send representatives to the annual books by local authors since 1976, opening up Main Street meeting in Orlando. eyes to the wealth of literary talent in the San HON. MAURICE D. HINCHEY The Orlando meeting taught these con- Joaquin Valley. OF NEW YORK cerned residents how to implement the ‘‘Main IN THE HOUSE OF REPRESENTATIVES Street Four-Point Approach,’’ a comprehensive Founded in 1988 by Bette and her husband strategy tailored to meet local needs and op- Dr. Robert Billings, the Billings Independent Monday May 7, 2007 portunities. The approach encompasses work and Responsible Foundation continues to as- Mr. HINCHEY. Madam Speaker, I rise today in four distinct areas: design, economic resist many charitable causes. Most recently, to honor Kenneth Lindsay, a most remarkable structuring, promotion, and organization. Ms. Habitat for Humanity was presented with a and distinguished constituent of mine. Mr. Weaver and Ms. Brandt returned from the one-hundred thousand dollar contribution to Lindsay is one of about a dozen living mem- meeting with a plan to develop a strong base help many achieve the dream of homeowner- bers of the Monument Men, who worked to of local business owners and citizens to see ship. save tens of thousands of works of art during this concept through to becoming reality in Madam Speaker, it is with great pleasure World War II. Mr. Lindsay is also a Bing- Dade City. In 1985, they received a technical that I rise to honor Bette Peterson for her tire- hamton University Professor Emeritus of Art assistance program by the Department of less service to her community. I invite my col- History where he chaired the Art History De- State, Bureau of Historic Preservation through partment for 17 years. leagues to join me in recognizing her tremen- the Florida Main Street program. In April 1987, Mr. Lindsay’s love of art and art history first dous example. downtown Dade City was officially designated developed while he was a student at the Uni- a Florida Main Street community. versity of Wisconsin at Madison. He signed up On May 18, the Downtown Dade City Main f with the Army’s Signal Corps and was pre- Street program is celebrating its 20th anniver- paring to go overseas in 1942. Catching scar- PAYING TRIBUTE TO PATRICIA sary with a party at one of its highly touted let fever delayed his deployment, but it re- RILEY area restaurants. In reflecting on its history, sulted in his eventual assignment to the Monu- the Downtown Dade City Main Street program ment Men after Victory in Europe Day in 1945. has distinguished itself as one of the exem- Mr. Lindsay first served as a technical corporal plary models of the Florida Main Street pro- HON. JON C. PORTER in London and was later sent to Omaha gram. In addition, it has been successful in OF NEVADA Beach. downtown restoration projects such as the Following V–E Day, the Monuments, Fine IN THE HOUSE OF REPRESENTATIVES Historic Courthouse, the establishment of the Arts, and Archives Section of the U.S. Army, Community Redevelopment Agency to fund Monday, May 7, 2007 whose members were nicknamed the Monu- long-range downtown projects, the facade im- ment Men, worked to save and preserve provement grant, and for the millions of dollars Mr. PORTER. Madam Speaker, I rise today works of art that had been seized during the it has helped bring to downtown construction to honor my good friend Patricia Riley, a long- Nazi rule of Germany. Mr. Lindsay was as- and restoration projects. time Las Vegas educator and school adminis- signed to the Monument Men in Wiesbaden, Madam Speaker, I applaud all the men and trator. Germany in 1945. He personally handled women who have contributed to the success Patricia was a longtime elementary school some of Europe’s most valuable works of art. of the Dade City Main Street program over the teacher with the Clark County School District A noted piece that passed through Mr. past twenty years. These individuals exemplify before joining the staff of Hillcrest Academy in Lindsay’s hands is the Holy Crown of Hun- how working tirelessly on downtown renova- gary, one of the most famous crowns of the 1999. She earned a Bachelor’s degree in tion and revitalization can reverse the decline Middle Ages. One of the most memorable human development and early childhood edu- of a community. This program continues to re- pieces that he processed was a statue of the main a vital part of downtown Dade City, and cation from the University of Nebraska in 1970 Egyptian Queen Nefertiti, which was stolen by I commend those involved for their efforts to and subsequently earned a Master’s degree in the Germans in 1912. keep Dade City vibrant and unique with its education curriculum and instruction from Wars present perilous challenges for art, quaint shops and small town atmosphere. UNLV in 1980. and the art world is indeed fortunate that Mr. f For over two decades Patricia has been de- Lindsay was available to help put the pieces back together in post-war Germany. Without RECOGNIZING BETTE PETERSON signing curriculum for public and private schools for adults and children. Her career as the dedicated work from men such as Mr. an educator began as a fifth grade teacher in Lindsay, a large amount of the world’s culture HON. GEORGE RADANOVICH Grand Island, Nebraska. She later went on to would have been lost. Mr. Lindsay’s work in OF CALIFORNIA teach math and reading to Army soldiers at World War II and as a teacher of art history IN THE HOUSE OF REPRESENTATIVES has given future generations the opportunity to Fort Jackson in Columbia, South Carolina enjoy history and the rich cultures across the Monday, May 7, 2007 from 1974–1976. Patricia subsequently moved world. Mr. RADANOVICH. Madam Speaker, I rise to Las Vegas in 1978 and operated two pre- Madam Speaker, it is my honor to salute to recognize Bette Peterson of Fresno, CA for school through kindergarten private schools Professor Emeritus Kenneth Lindsay for his her tireless service to her community and self- from 1979 to 1984 both in the Spring Valley dedication in the Army and as a teacher. He less giving to philanthropic causes throughout and Green Valley areas. Patricia left edu- has left his unique mark on his students, California’s San Joaquin Valley. In recognition cation, pursued a career in real estate and peers, and the art community. of her devoted service, the City of Fresno pro- later came back to teach first and second f claimed May 1st, 2007 as ‘‘Bette Peterson grade at the Mack Elementary School in Hen- Day.’’ derson, Nevada, where she stayed until mov- TRIBUTE TO OFFICER JEFFREY Bette Peterson was born on October 30th, ing over to the Hillcrest Academy. After found- SHELTON 1922 to Jean and Freda Johnson. Throughout ing Hillcrest Academy and operating the her life, Ms. Peterson embarked on many ad- school for over 7 years, Patricia sold the HON. SUE WILKINS MYRICK ventures but not until 1975 did an adventurous Academy and stayed on as a consultant. OF NORTH CAROLINA life being to flourish rapidly beginning with her IN THE HOUSE OF REPRESENTATIVES marriage to Dr. Robert Billings, and shortly Madam Speaker, I am proud to honor my thereafter, the creation of the Poppy Lane friend, Patricia Riley. Patricia is a truly gifted Monday, May 7, 2007 Publishing Company. educator and has enriched countless lives. I Mrs. MYRICK. Madam Speaker, I rise today After establishing her publishing company, thank her for her dedication and commitment to honor the life of Jeffrey Shelton, an officer she authored Beginning Reading at Home, a to educational excellence and wish her the of the Charlotte-Mecklenburg Police Depart- book designed to help young children develop best in her future endeavors. ment in North Carolina. Officer Shelton was

VerDate Nov 24 2008 10:08 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR07\E07MY7.000 E07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11480 EXTENSIONS OF REMARKS, Vol. 153, Pt. 8 May 7, 2007 fatally shot on March 31, 2007 while respond- TRIBUTE TO OFFICER SEAN HONORING HIGH SCHOOL ARTISTS ing to a call with a fellow officer, Sean Clark. CLARK FROM 11TH CONGRESSIONAL DIS- Officer Shelton was on the force for more TRICT OF NEW JERSEY than six years before he was killed in the line HON. SUE WILKINS MYRICK of duty. The citizens of Charlotte will remem- HON. RODNEY P. FRELINGHUYSEN OF NORTH CAROLINA ber Jeff Shelton as a brave man, who gave OF NEW JERSEY his life in service to the city. He will be sorely IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES missed by his fellow officers in the North Monday, May 7, 2007 Monday, May 7, 2007 Tryon Division. Mr. FRELINGHUYSEN. Madam Speaker, To show their appreciation for Officer Mrs. MYRICK. Madam Speaker, I rise today once again, I come to the floor to recognize Shelton, thousands of Charlotteans gathered to honor the life of Sean Clark, an officer of the great success of strong local schools to watch his funeral procession in person on the Charlotte-Mecklenburg Police Department working with dedicated parents and teachers April 6, 2007. Citizens have since created a in North Carolina. Officer Clark was fatally to raise young men and women. I rise today permanent memorial at the very spot where shot on March 31, 2007 while responding to a to congratulate and honor 37 outstanding high the two officers were killed. This site, near an call with a fellow officer, Jeffrey Shelton. school artists from the 11th Congressional apartment building in East Charlotte, has been Officer Clark was on the force for just over District of New Jersey. Each of these talented dedicated to the memory of Jeffrey Shelton a year before he was killed in the line of duty. students is participating in the 2007 Congres- and Sean Clark. He leaves behind his wife Sherry, his son sional Arts competition, ‘‘An Artistic Dis- Our thoughts and prayers are with Jeff’s Brayden, and a baby who is expected to arrive covery.’’ Their works of art are exceptional! wife, Jennifer, and his family and friends at shortly. The citizens of Charlotte will remem- We have 37 students participating. That is a this difficult time. May the legacy of service ber Sean Clark as a brave man, who gave his wonderful response, and I would very much and dedication that he leaves behind be a life in service to the city. He will be sorely like to build on that participation for future comfort to all those who loved him. missed by his fellow officers in the North competitions. Tryon Division. Madam Speaker, I would like to congratu- f To show their appreciation for Officer Clark, late the three winners of our art competition. thousands of Charlotteans gathered to watch HONORING OCCAM’S ENGINEERS First place was awarded to Leigh Cignavitch his funeral procession in person on April 5, ROBOTICS TEAM from Mount Olive High School for her work en- 2007. Citizens have since created a perma- titled ‘‘Core and Rind.’’ Second place was nent memorial at the very spot where the two awarded to Lauren Novotny from Montville HON. RODNEY P. FRELINGHUYSEN officers were killed. This site, near an apart- High School for her work entitled ‘‘Lauren in OF NEW JERSEY ment building in East Charlotte, has been Fauuist Forest.’’ Third place was awarded to IN THE HOUSE OF REPRESENTATIVES dedicated to the memory of Sean Clark and Jeff Koroski from Roxbury High School for his Jeffrey Shelton. Monday, May 7, 2007 work entitled ‘‘The Time, The Tremulant, The Our thoughts and prayers are with Sean’s Torrent.’’ Mr. FRELINGHUYSEN. Madam Speaker, I family and friends at this difficult time. May the I would like to recognize each artist for their rise today to honor the Occam’s Engineers legacy of service and dedication that he participation by indicating their high school, Robotics Team from West Morris Mendham leaves behind be a comfort to all those who their name, and the title of their contest entry High School in New Jersey, a team that I am loved him. for the official Record. proud to represent! They are celebrating their Home schooled: Phyllis Schlafly’s ‘‘Roses in recent attainment of first place in the FIRST f the Mirror.’’ Vex Challenge World Championship. Boonton High School: Loryn Britton’s ‘‘Unti- Occam’s team was founded by Joshua PAYING TRIBUTE TO JOSE tled;’’ Sarah LaPlaca’s ‘‘Portrait of Brendon’’ Kaplan and Michael Medford, who also serve MARTEL (honorable mention), Jennifer Hitching’s ‘‘Self as co-captains. The other members include in still-life’’ (honorable mention), Caitlyn Har- Adam Brozynski, Joshua Franklin, Julianna HON. JON C. PORTER vey’s ‘‘Self Portrait’’ (honorable mention). Brown, Thomas Cioppettini and Chase Tralka. Bridgewater-Raritan High School: Allison OF NEVADA The team was established at the beginning of Boucher’s ‘‘Lady of the Flies’’ (honorable men- the school year and began preparing for the IN THE HOUSE OF REPRESENTATIVES tion). Dover High School: Matthew Burbridge’s competition in January. After placing last in Monday, May 7, 2007 the FIRST Vex New Jersey Tournament, they ‘‘Hurd Park.’’ completely redesigned their robot, basing their Mr. PORTER. Madam Speaker, I rise today Livingston High School: Ellina Ryzhik’s ‘‘My new design on simplicity. to honor Mr. Jose Martel, an exceptional mai- Bike;’’ Arielle Rothbard’s ‘‘Untitled;’’ Linda Innemee’s ‘‘The Dragon Flies.’’ For the FIRST Vex Challenge World Cham- tre d’ at the newly opened Michael’s Res- Madison High School: Samantha Sweet’s pionship in April, the team had to build a robot taurant at South Point Hotel. ‘‘My fundamentals;’’ Kayleigh Martin’s no larger than 18 inches that was pre-pro- Prior to assuming his position with Michael’s ‘‘Warmth;’’ Marissa Rich’s ‘‘AVERY’’ (honor- grammed and controlled by remotes to pick up Restaurant, Mr. Martel served as maitre d’ at able mention), Sharela Banfield’s ‘‘Hands, softballs and deposit them into differing recep- the Barbary Coast Hotel for 23 years. There, Feet, & Polish’’ (honorable mention). tacles from a set list of parts and guidelines. Mr. Martel developed a reputation for a commitment to customer service. As a maitre d’, Millburn High School: Jessica Pester’s The team spent endless hours building and ‘‘Easy Chair;’’ Jacqueline San Fillipo’s ‘‘Blue practicing leading up to the competition. Mr. Martel is known for meeting all of his pa- trons’ needs and has proved himself to be an Chair;’’ Ann Trocchia’s ‘‘Cala Lily.’’ They competed against over 10,000 stu- Montville High School: Jennifer exemplary model of friendliness, attentiveness, dents from over 23 countries. The judged Eishingdrelo’s ‘‘Monday Morning;’’ Stefani and professionalism. award is based on the team that performs well Colonnelli’s ‘‘Untitled;’’ John Lake, Jr.’s ‘‘Self in all categories, gaining votes from opposing During his many years of service, Mr. Martel Deception.’’ teams based on performance as well as co- has cultivated a working environment that has Morris Knolls High School: Maxine Kramer’s operation with others. Occam won not only the distinguished him from others in the field. Mr. ‘‘MONEY;’’ Davendra Sukha’s ‘‘Assorted FIRST Vex Challenge Winning Alliance Award Martel’s evident dedication to restaurant pa- Nuts;’’ Charles Doomany’s ‘‘An Uncertain Fu- but also the FIRST Vex Challenge Inspire trons is unparalleled and his outstanding serv- ture;’’ Stephanie Grawehr’s ‘‘reading by can- Award! ice was recently honored by a dedication in dlelight.’’ Madam Speaker, I urge you and my col- Casino Connection Magazine. Mount Olive High School: Rebecca Weiss’s leagues to join me in congratulating the Madam Speaker, I am proud to honor Jose ‘‘A Memoir to Gettysburg.’’ Occam Engineers Robotics Team and all its Martel. His dedication to and respect for his Pequannock High School: Joel Lumpkin’s members on all of their past, present and fu- work are commendable and I wish him every ‘‘Headless Self Portrait;’’ Lauren Porochniak’s ture achievements! continued success. ‘‘Spring Leaves.’’

VerDate Nov 24 2008 10:08 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR07\E07MY7.000 E07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 8 11481 Ridge High School: Lindsay Abken’s ‘‘An I serve as the Immigration Task Force the only known African-American to be a Icon;’’ Rebecca Goldberg’s ‘‘L’Orange Blue;’’ Chairman of the Congressional Asian Pacific member of the 35th Infantry Regiment, 25th Angela Singer’s ‘‘Garden Still life;’’ Christina American Caucus (CAPAC). The caucus in- Infantry Division during the Korean War, Roros’ ‘‘Knobby Knees & Dollish Dimples.’’ cludes members who are of Asian Pacific de- where he was taken as a prisoner of war on Roxbury High School: Lauren Poggi’s ‘‘SUB- scent and those who represent Congressional November 27, 1950 and died in February 8, URBIA;’’ Julia Biczak’s ‘‘Self Portrait;’’ Chelsea Districts with significant APA populations, like 1951 while in prison. Austin’s ‘‘JUDE ARCHER.’’ the First District of Hawaii. Harry Leon Wilson is also the only known Each year the winner of the competition has The Immigration Task Force is CAPAC’s African-American POW from Carter County, their art work displayed with other winners main voice on this important and timely issue. Tennessee to die in a Korean prisoner of war from across the country in a special corridor Right now, APAs face an immigration backlog camp. here at the U.S. Capitol. Every time a vote is that has forced many families to live for years called, I walk through that corridor and am re- apart from their loved ones. For example, Fili- Private Wilson was awarded the Combat In- minded of the vast talents of our young men pinos must wait 23 years before United States fantryman’s Badge, the Prisoner of War and women. Indeed, all of these young artists Citizenship and Immigration Services (USCIS) Medal, the Korean Service Medal, The United are winners, and we should be proud of their even examines their applications for a brother Nations Service Medal, the National Defense achievements so early in life. or sister from the Philippines. Furthermore, 1.5 Service Medal, the Korean Presidential Unit Madam Speaker, I urge my colleagues to million Asians live in the U.S. as undocu- Citation and the Republic of Korea War Serv- join me in congratulating these talented young mented immigrants. They live in the shadows ice Medal. people from New Jersey’s 11th Congressional without access to basic services, and are vul- Madam Speaker, I ask you and all of my District. nerable to exploitation. colleagues to join me in honoring the memory, f As Task Force Chairman, I have made it a selfless service, and great sacrifice of PVT priority for CAPAC to support Comprehensive Harry Leon Wilson. TAIWAN APPLIES TO THE WORLD Immigration Reform. True immigration reform HEALTH ORGANIZATION not only helps us secure our borders, but ad- f dresses the issues of family reunification and HON. G.K. BUTTERFIELD earned legalization for undocumented immi- TRIBUTE TO MRS. MARY OF NORTH CAROLINA grants. With that concern, I cosponsored H.R. MATTESON-PARRISH IN THE HOUSE OF REPRESENTATIVES 1645, the ‘‘Security Through Regularized Im- migration and a Vibrant Economy (STRIVE) Monday, May 7, 2007 Act of 2007,’’ and I am working now to get HON. KEVIN BRADY Mr. BUTTERFIELD. Madam Speaker, as the members of CAPAC to support this bill. OF TEXAS World Health Assembly prepares to meet in The ‘‘STRIVE Act’’ would help eliminate the IN THE HOUSE OF REPRESENTATIVES Geneva this May, Taiwan is applying to the family backlog by no longer counting spouses World Health Organization as a member under and minor children of naturalized citizens Monday, May 7, 2007 the name ‘‘Taiwan.’’ against the worldwide cap on family-based im- For years, Taiwan has been excluded from migration. That means remaining visas can re- Mr. BRADY of Texas. Madam Speaker, I the activities of the World Health Organization; duce the backlog for the other classes of fam- rise today to honor a dear friend and out- thus the health rights of the 23 million Taiwan ily-based immigrants. Such a move not only standing advocate for higher education, Mrs. people have not been represented. Taiwan serves as a humane gesture, but upholds our Mary Matteson-Parrish. Mrs. Matteson-Parrish paid high prices for the enterovirus outbreak in core family values. served on the North Harris Montgomery Com- 1998 and SARS in 2003; Taiwan should not The ‘‘STRIVE Act’’ also addresses the con- munity College District (NHMCCD) Board of be left out of the global disease prevention cerns of the undocumented immigrants, pro- Trustees from 1993 to 2005. During her tenure network. viding for earned legalization, which means she served as Board Chair, Vice Chair, Sec- The United States government has always that people would be allowed to emerge from retary and Audit Committee Chair. encouraged Taiwan to seek meaningful partici- the shadows. Illegal immigrants would have to While on the Board of Trustees, Mary co- pation in international organizations and if Tai- pay fines and back taxes, pass criminal back- chaired the citizen’s committee which worked wan were barred from World Health Organiza- ground checks, and meet English and civics tirelessly to conduct a successful petition drive tion activities, opportunities for Taiwan’s gov- learning requirements. Contrary to the rhetoric, and election campaign that permitted the Con- ernment and people to make contributions to these immigrants would not jump ahead of roe Independent School District to join world health affairs would be severely im- those who have pending legal visa applica- NHMCCD in 1991 thus creating higher edu- peded. tions, but would instead have to wait their turn. cation opportunities for thousands of Mont- I therefore urge my colleagues to speak up Furthermore, they would not count against ei- gomery County students and workers. In addi- for Taiwan’s right to participate in the activities ther the family-based or employment-based tion, Mrs. Matteson-Parrish’s commitment to of the World Health Organization. Fighting dis- immigration caps. improving access and enhancing the edu- ease is a worldwide issue; no country or peo- While not perfect, the ‘‘STRIVE Act’’ is an cational opportunities for citizens led to the ple should be excluded from WHO’s activities excellent start to solving the immigration re- growth of the North Harris Montgomery Col- due to political considerations. form problem. As we celebrate the contribu- lege District from 6 to 11 independent school f tions of APAs to the nation, we must rededi- districts and the expansion of services and fa- cate ourselves to a new direction; to meet the cilities from three campuses to five com- CELEBRATING ASIAN PACIFIC challenges faced by APA families. That is how AMERICAN HERITAGE MONTH prehensive colleges: North Harris College, we open the door to the American dream to all Kingwood College, Tomball College, Mont- Americans. HON. NEIL ABERCROMBIE gomery College and Cy-Fair College. f This week Montgomery College will name OF HAWAII HONORING THE MEMORY AND its art gallery the Mary Matteson-Parrish Art IN THE HOUSE OF REPRESENTATIVES SERVICE OF HARRY LEON WILSON Gallery in testimony of the community’s appre- Monday, May 7, 2007 ciation and respect for Mary’s dedication to Mr. ABERCROMBIE. Madam Speaker, I rise and leadership in providing high quality edu- HON. DAVID DAVIS cational opportunities for the citizens of Mont- today in honor of Asian Pacific American OF TENNESSEE gomery County and the entire Eighth District (APA) Heritage Month. As you know May is IN THE HOUSE OF REPRESENTATIVES designated as APA Heritage Month, and this of Texas. year’s theme is ‘‘Meeting the Challenges for Monday, May 7, 2007 I join with these communities in honoring Asian Pacific Americans.’’ One of the central Mr. DAVID DAVIS of Tennessee. Madam this outstanding leader and in applauding her challenges is the need for comprehensive im- Speaker, I rise today to honor the memory work in expanding educational opportunities to migration reform. and service of PFC Harry Leon Wilson, who is all who seek to learn.

VerDate Nov 24 2008 10:08 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR07\E07MY7.000 E07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11482 EXTENSIONS OF REMARKS, Vol. 153, Pt. 8 May 7, 2007 PAYING TRIBUTE TO DONNA by joining the Office of the Clerk of the House. In one of his last public appearances in DIACO In 1995, she began her position as Chief of Colorado, Schirra, an avid horseman, took Legislative Operations with the Clerk. In that part in a ceremony celebrating an exhibition of cowboy hats at the Buffalo Bill Memorial HON. JON C. PORTER position, Gigi managed a staff of twenty who Museum. The show included Schirra’s hat, OF NEVADA supported day-to-day House Floor operations. which sported drawings of trout and elk and IN THE HOUSE OF REPRESENTATIVES She continued to build upon her experience in pins from range rides he had gone on. the Clerk’s office, and was appointed Assistant ‘‘He was very personable, very accessible, Monday, May 7, 2007 Clerk of the House in December 2003. Her very down to earth,’’ said Steve Friesen, the Mr. PORTER. Madam Speaker, I rise today duties included the operations and planning of museum director. ‘‘He was a regular guy, but to honor Donna Diaco, who is a distinguished a 250-person organization responsible for the at the same time I had the feeling of stand- and devoted nurse. administration of the legislative processes of ing next to someone who was a major part of history in my life. It was pretty cool.’’ According to her colleagues, Donna Diaco is the House. In April 2006, Gigi was promoted Schirra moved to Denver shortly after an outstanding member of the nursing staff at to Deputy Clerk, where she continued to mon- leaving NASA in March 1969. He became Desert Springs Hospital. Donna is a constant itor Floor operations and administration for the president of Regency Investors, a subsidiary role model in her work in the Intensive Care Clerk’s organization. This month, Gigi will re- of Denver financier John M. King. Unit and always expresses compassion and tire from her position to devote more time to He later split from King to form his own care for her patients as well as her co-work- her family in Holyoke, Massachusetts. While company, Environmental Control Corp., ers. This has earned her the respect and es- she will be missed terribly, I admire the com- which later became part of another company teem of her colleagues and patients alike. mitment to her family that led to Gigi’s deci- called Semco Inc. The firm worked on environmental impact studies for projects such Over the course of her 25-year nursing career, sion to retire. After so many years serving the as a coal gasification plant in Wyoming. Donna has become an impassioned advocate public, it is no surprise that she is once again He was an avid sportsman. In October 1973, for her patients and colleagues. Her hard work putting the needs of others first. Schirra was part of a group that purchased 29 is complemented by her optimistic ability to Madam Speaker, I would like to commend acres west of Fort Morgan near the Platte find the silver lining in every cloud. Gigi Kelaher for her years of public service River for use as a sportsman’s club. Madam Speaker, it is my honor to recognize and devotion to the House of Representatives. He also once hosted a television series Donna Diaco for her service in the Intensive Without the hard work of dedicated staff like called The Outdoor Life. In May 1978, he was named host of a weekly public affairs tele- Care Unit at Desert Springs Hospital and the Gigi, the ability of Members of Congress to vision program on then KOA Channel 4 community. Her professional expertise and represent the American public would suffer called Scope with Wally Schirra. caring nature have greatly enriched the lives tremendously. I know that my colleagues join Schirra was active in Colorado Republican of those in the Las Vegas community. I com- me in thanking her for her assistance over the politics. In 1972, he was master of ceremonies mend Donna for her efforts and commitment years, and in wishing her the best now, and in for a downtown Denver rally for then-Vice to her patients and to our community. all her future endeavors. President Spiro Agnew. In 1979, he was an honorary chairman for Ronald Reagan’s f f presidential campaign in Colorado. CONGRATULATIONS MARJORIE RECOGNIZING THE LIFE OF AS- In the early 1970s, his civic work included (GIGI) KELAHER TRONAUT WALTER M. ‘‘WALLY’’ crusades for the Colorado chapter of the SCHIRRA American Cancer Society to an organizing committee that tried unsuccessfully to bring HON. VERNON J. EHLERS the winter Olympics to Colorado. OF MICHIGAN HON. MARK UDALL f IN THE HOUSE OF REPRESENTATIVES OF COLORADO IN THE HOUSE OF REPRESENTATIVES HONORING DAVID KNIGHT UPON Monday, May 7, 2007 HIS RETIREMENT Monday, May 7, 2007 Mr. EHLERS. Madam Speaker, I rise today to congratulate Marjorie Kelaher on the occa- Mr. UDALL of Colorado. Madam Speaker, today I rise to recognize the life of one of our HON. LYNN C. WOOLSEY sion of her retirement from the position of OF CALIFORNIA great space pioneers, Walter M. ‘‘Wally’’ Deputy Clerk of the U.S. House of Represen- IN THE HOUSE OF REPRESENTATIVES tatives, which became effective as of May 1, Schirra. 2007. Schirra was one of the original seven Mer- Monday, May 7, 2007 For over 25 years, Gigi Kelaher has worked cury Astronauts and the only Astronaut to fly Ms. WOOLSEY. Madam Speaker, I rise for the House of Representatives in a number in all three of the earliest manned space pro- today to commemorate the impending retire- of different roles. Like many before her, Gigi grams: Mercury, Gemini, and Apollo. During ment of David Knight as the Sonoma County got her start on Capitol Hill as an intern. Al- one of his missions, Schirra conducted the Director of Transportation and Public Works, though many young people choose to leave first rendezvous of manned spacecraft in orbit, and to celebrate the time he has spent as a the Hill once their internship has concluded, considered one of the most challenging tasks public servant for the people of the County. Gigi found a home in these halls. Though she in space flight at the time. Dave has been Director of the Department for was in the earliest stages of her career, her Schirra was a great astronaut and a great over 4 years, following a 10-year tenure as work in the fall of 1978 for Congressman American. What many of my colleagues may Deputy Director and has been with the Depart- Silvio O. Conte (R–MA) would be the begin- not realize is that Schirra became an active ment for a total of 28 years. ning of a lifetime of public service. businessman and citizen in Colorado after re- During Dave’s time with the Department, Following her graduation from Villanova Uni- tiring from the space program. I and my fellow Sonoma County has changed in many ways, versity in 1979, Gigi returned to Capitol Hill Coloradans will miss him. For the benefit of and many of the improvements we have seen and became a full-time employee for Con- my colleagues, I have attached an article from have been accomplished with his valuable gressman Conte, the Ranking Minority Mem- the Rocky Mountain News about Schirra’s im- guidance and leadership. When he first arrived ber of the House Appropriations Committee. pact in Colorado. at the County in 1979 as a young transpor- She remained in his office in several different [From the Rocky Mountain News, May 4, tation planner, Dave was tasked with devel- capacities until the Congressman’s death in 2007] oping a new transit system. I was pleased to 1991. In September of that year, Gigi became ASTRONAUT LEFT MARK ON STATE work with Dave to help bring sustainable and the Federal Agency Coordinator for the White (By John C. Ensslin, Rocky Mountain News) environmentally sound transportation pro- House Conference on Aging under President Walter M. ‘‘Wally’’ Schirra had a long ca- grams and projects to our community. With George H. W. Bush, before joining the office reer in Colorado as a businessman, civic ac- Dave’s help, Santa Rosa’s bus fleet has of former Congressman Peter I. Blute (R–MA) tivist and environmental consultant in the evolved from one with just a few, diesel decade after he retired as an astronaut. in 1993. And like two of his fellow astronauts, John buses, to a fleet that is entirely powered by If her early career enabled her to serve a Glenn and Scott Carpenter, he also lived part Compressed Natural Gas. It is still one of a single Member at a time, Gigi soon discovered of the year near Vail, where his daughter Su- relative few fleets in the State that are 100 a way to serve every Member of Congress— zanne had been an artist. percent alternatively-fueled. While the need for

VerDate Nov 24 2008 10:08 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR07\E07MY7.000 E07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 8 11483

a cleaner environment and energy independ- vania, Mr. LEVIN of Michigan, Ms. DELAURO of and Wake Forest Medical Center, where he ence has been apparent to most of us for Connecticut, Mr. NEAL of Massachusetts, Mr. was Chief Resident from 1984–1985. some time, few transit agencies have been as SALAZAR of Colorado, Mr. TIERNEY of Massa- In 1994 Dr. Bruening relocated to Flint, responsive in addressing these imperatives, chusetts, and Ms. LOFGREN of California are in Michigan, and joined the Park Eye and as has Sonoma County Transit under Dave’s support of my bill and should be considered SurgiCenter after 6 years in private practice in leadership. And now, the County is beginning by this body as co-sponsors of H. Con. Res. Winston-Salem, North Carolina. At the time he to use methane gas captured at a County 7. was one of a handful of surgeons capable of landfill to power County cars with the hope f performing the Clear Cornea cataract surgery. that it may one day be a source for our buses He has subsequently published two articles, and other fleet vehicles. PAYING TRIBUTE TO DIANE ‘‘Clear Cornea Surgery’’ in the March issue of That Dave has been a forward-thinking PERAZA the Genesee County Medical Society Bulletin leader in public works can be evidenced in and ‘‘Placement of a Secondary Foldable other ways, as well. Along with Marin County HON. JON C. PORTER Intraocular Lens over a Capsule Remnant’’ in officials, Dave and other Sonoma County lead- OF NEVADA the August issue of the Journal of Cataract ers recognized the benefits of public owner- IN THE HOUSE OF REPRESENTATIVES and Refractive Surgery. ship of the Northwestern Pacific Railroad right- Dr. Bruening has devoted countless hours Monday, May 7, 2007 of-way; worked years ago to get it into public to assisting the indigent and working poor. He hands before its cost skyrocketed, and this Mr. PORTER. Madam Speaker, I rise today continues to take referrals from optometrists to corridor will almost certainly now be used to to honor Diane Peraza, who is being recog- perform surgeries on patients without insur- operate the SMART (Sonoma-Marin Area Rail nized as a distinguished and devoted profes- ance and incapable of paying. He counts the Transit) rail system which will relieve conges- sional in her field. restoration of sight to a man that had not been tion, clean the air, and improve the quality of According to her colleagues Diane Peraza is able to see for 20 years as his greatest life of all those who must now depend on the an outstanding member of the nursing staff at achievement. horribly congested Highway 101. Desert Springs Hospital. Diane displays a car- Madam Speaker, I ask the House of Rep- And under Dave’s stewardship, a network of ing attitude while focusing not only on the resentatives to join me in congratulating Dr. intermodal facilities and park and ride lots health of her patients, but their holistic needs Fritz Bruening as he receives the Jack have been built that are also enhancing transit as well. Diane represents quality nursing care Hamady Good Scout Award from the Burton and car-pool opportunities for the citizens of and she also demonstrates a respectful man- Rotary Club. Sonoma County, and in so doing, relieving ner towards her patients and their families. f congestion on Highway 101. She is highly motivated and continually ex- That Dave is among the nation’s more inno- presses a desire to excel in her profession as ON THE DEATH OF SERGEANT vative municipal public works directors would a heaIthcare provider. Diane’s entire nursing MICHAEL VAUGHAN come as no surprise to those who know him. career has been defined by a commitment to He received a masters degree in Urban and excellence and dedication to serving the pa- HON. DARLENE HOOLEY Regional Planning and was an early advocate tients first. Her positive attitude and sincerity OF OREGON of sustainability, which he defines, as well as are evident to her colleagues as she promotes IN THE HOUSE OF REPRESENTATIVES anybody I’ve heard, as ‘‘making sure that what team work and unit excellence. Monday, May 7, 2007 we do today doesn’t reduce opportunities for Madam Speaker it is my honor to recognize people in the future.’’ Diane Peraza for her service for Desert Ms. HOOLEY. Madam Speaker, I rise today Sonoma County has been fortunate that Springs Hospital and our community. Her pro- to recognize the sacrifice and honor the loss David Knight has spent most of his career fessional expertise and caring nature have of SGT Michael Vaughan. Answering the call working closely with our Board of Supervisors greatly enriched the lives of those in the Las of service, Michael enlisted in the U.S. Army in helping to fashion and implement so many Vegas community. I commend Diane for her while still completing studies at Taft High municipal improvements. We will miss him, but efforts and commitment to her patients and to School. Unlike his peers, he spent his post- know that along with Pat, his wife of 28 years, our community. I wish her well in her contin- graduation summer learning the profession of he will enjoy an active retirement residing in ued efforts as an outstanding nurse. arms. After boot camp and advanced training, the County and continue to contribute to the f Michael Vaughan worked hard to live up to the civic fabric that makes Sonoma such a won- standards of the paratroopers. derful place to live and work . . . thanks to TRIBUTE TO DR. FRITZ BRUENING Just a few weeks ago, Sergeant Vaughan Dave! and eight other paratroopers with the famed f HON. DALE E. KILDEE 82nd Airborne were killed when a suicide bomber attacked their compound in Sadah, REGARDING CO-SPONSORSHIP OF OF MICHIGAN Iraq. These brave paratroopers were preparing H. CON. RES. 7 IN THE HOUSE OF REPRESENTATIVES for another patrol to keep the civilians in that Monday, May 7, 2007 small town safe from the emerging violence. HON. BARBARA LEE Mr. KILDEE. Madam Speaker, today I would Today, the community of Otis and all of Lin- OF CALIFORNIA like to recognize the accomplishments of Dr. coln County, Oregon mourns the passing of IN THE HOUSE OF REPRESENTATIVES Fritz Bruening. Dr. Bruening is the 2007 recipi- Michael. He was a good-natured young man Monday, May 7, 2007 ent of the Jack Hamady Good Scout Award that people knew and loved, the kind of son Ms. LEE. Madam Speaker, I rise today in from the Burton Rotary Club. He will receive parents looked to as an example of sincerity, regards to H. Con. Res. 7, the Darfur Part- the award at a luncheon on May 10th. earnestness, and mostly—of service. Though ner’s for Peace Act, which calls on the League Dr. Bruening graduated from high school in he longed for the days when his uniform of Arab States and each Member State indi- Decorah, Iowa, where he was a member of would hang in the closet, Sergeant Vaughan vidually to acknowledge the genocide in the the wrestling team, the Honor Society and Val- wanted to serve his country before beginning Darfur region of Sudan and to step up their ef- edictorian of his graduating class. He contin- the rest of his life. Like his father and grand- forts to stop it. ued his education at Notre Dame University, father before him, he knew that freedom is On April 26, 2007 the House passed my bill where he was the captain of the wrestling fragile and that someone, somewhere, must by a vote of 425–1. team, graduated Cum Laude and was award- stand the post on the frontier. Sergeant Mi- Because House rules prohibit the addition of ed a Bachelor of Science degree. chael Vaughan is an example for us all. In his additional co-sponsors to a bill once the After completing his studies at the University all too brief twenty years upon this planet, he House has passed a bill, I am not able to for- of Iowa, School of Medicine, Dr. Bruening fin- established a legacy that cannot—and must mally add eight Members of Congress as co- ished his internships at Good Samaritan Hos- not—be forgotten. sponsors of this legislation. pital and East Mesa Emergency Center in Ari- As Memorial Day nears, I ask each of us to I ask that the record show that Ms. zona. His residency in Ophthalmology was remember the life and purpose of those that BORDALLO of Guam, Mr. SESTAK of Pennsyl- completed at North Carolina Baptist Hospital have given their last full measure so that we

VerDate Nov 24 2008 10:08 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR07\E07MY7.000 E07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11484 EXTENSIONS OF REMARKS, Vol. 153, Pt. 8 May 7, 2007 could bask in the warmth of life and liberty. I serve the world’s most precious natural re- tunity—unmatched anywhere in the world—to ask each of us to look inside ourselves and to sources. develop our capabilities to the fullest. ask if we are doing everything we can do to f This year, on May 9th, the Chattanooga Bar help these brave men and women. And I ask Association will honor the legal community of PAYING TRIBUTE TO JULIE each of us to personally commit to seeking the Chattanooga, Tennessee, with their annual WILBUR best answers for the problems we face and to Law Day Luncheon. The theme of this year’s approach these challenges with the same Law Day USA is ‘‘Liberty Under Law: Empow- dedication to duty, the same selflessness that HON. JON C. PORTER ering Youth, Assuring Democracy.’’ The fea- Michael Vaughan and his comrades in arms OF NEVADA tured speaker is Bill Curry. Mr. Curry is an exemplified. Let us begin anew. IN THE HOUSE OF REPRESENTATIVES ESPN analyst, a legendary college/pro football f Monday, May 7, 2007 coach, and the Executive Director of The Baylor School’s Leadership Baylor Program. TO REAUTHORIZE THE TROPICAL Mr. PORTER. Madam Speaker, I rise today Curry says he has ‘‘been smitten’’ with the FOREST CONSERVATION ACT to honor Julie Wilbur, a Registered Nurse who study of leadership since he was a young AND EXPAND THE PROGRAM TO has distinguished herself as an outstanding child. ‘‘I was one of those hyperaggressive INCLUDE THE CONSERVATION OF and devoted professional in her field. boys who had too much energy and my teach- ALL FORESTS AND CORAL Julie Wilbur is a nurse at Spring Valley Hos- ers had to find ways to keep me occupied,’’ REEFS AND ASSOCIATED COAST- pital. She has over 20 years of nursing experi- said Curry. He recalled one teacher in par- AL MARINE RESOUCES ence and she presently serves as the Charge ticular who propped him in a corner next to a Nurse of General Medicine and Surgery, Julie shelf loaded with biographies of U.S. historical HON. MARK STEVEN KIRK has a diverse knowledge of her subject area figures and he proceeded to soak up the sto- OF ILLINOIS and is efficient and dependable. Julie has par- ries of George Washington, Thomas Jefferson, IN THE HOUSE OF REPRESENTATIVES ticipated in a number of professional develop- Lou Gehrig and many others. ‘‘I was absorbed ment training courses such as the Construc- Monday, May 7, 2007 with study of leadership, and I decided I want- tive Criticism Communication Course and Epi- ed to find out what made these people tick. Mr. KIRK. Madam Speaker, today I intro- dural Pain Management Course. Julie is also How could Helen Keller do what she did? duce a bill to reauthorize and expand Rob active as a member in the Academy Med-Sur- What could I do to be an effective leader my- Portman’s landmark legislation, the Tropical gical Nurses Chapter #413 and as a com- self? Leadership has been a passion almost Forest Conservation Act. This reauthorization mittee member of the Shared Governance as long as I can remember,’’ said Curry. will help developing countries reduce foreign Spring Valley Hospital Coordinating Council. During the luncheon, the Chattanooga Bar debt and provide comprehensive environ- Madam Speaker, I am proud to honor Julie Association will honor Paul Neely with the mental preservation programs to protect for- Wilbur. Over her 20 years in the nursing field, 2007 ‘‘Liberty Bell Award.’’ This award, given ests and endangered marine habitats around she has greatly enriched countless lives. I to a person who is not in the legal profession, the world. commend her hard work, dedication and com- is one of the Chattanooga Bar Association’s Since enacted in 1998, Tropical Forest Con- mitment as a health care provider to the resi- highest honors. The purpose of the ‘‘Liberty servation Act programs have generated a total dents of Southern Nevada. Bell Award’’ is to recognize community service of $135 million over 10 to 25 years to help f conserve 50 million acres of tropical forests in that has strengthened the American system of Asia, the Caribbean, Central and South Amer- TRIBUTE TO THE CHATTANOOGA freedom under law. In selecting the recipient ica. But the rate of deforestation continues to BAR ASSOCIATION of this award, the Chattanooga Bar Associa- accelerate across the globe in all types of for- tion considers activities which (1) promote a ests. HON. ZACH WAMP better understanding of our Constitution and Similarly alarming is the rapid rate of coral the Bill of Rights; (2) encourage a greater re- OF TENNESSEE spect for the law and the courts; (3) stimulate reef and coastal exploitation. The burden of IN THE HOUSE OF REPRESENTATIVES foreign debt falls especially hard on the small- a deeper sense of individual responsibility so est of nations, such as island nations in the Monday, May 7, 2007 that citizens recognize their duties as well as Caribbean and Pacific. With few natural re- Mr. WAMP. Madam Speaker, I rise today to their rights; (4) contribute to the effective func- sources, these nations often resort to har- honor the works of the Chattanooga Bar Asso- tioning of our institution of governments; and vesting or otherwise exploiting coral reefs and ciation in my hometown of Chattanooga, Ten- (5) foster a better understanding and apprecia- other marine habitats to earn hard currency to nessee, and join them in celebrating the tion of the rule of law. I ask all Members of the service foreign debt. According to the National CBA’s upcoming Law Day Luncheon on May House of Representatives to join me in con- Oceanic and Atmospheric Administration, 60 9, 2007. Law Day USA is set aside each year gratulating Paul Neely for his contributions to percent of the world’s coral reefs may be de- on May 1st by a joint resolution of Congress the Chattanooga community. stroyed by the year 2050 if the present rate of and Presidential proclamation as an occasion The winners of the Law Day Essay Contest, destruction continues. for honoring the place of law in our lives. It is which is open to all Hamilton County, private, The Forest and Coral Conservation Act will not a national holiday, nor is it a ‘‘lawyer’s and home school students, grades 9–12 are in credit qualified developing nations for each day.’’ Instead, Law Day is an occasion for all Division 1—1st place winning a $1,000 college dollar spent on a comprehensive reef preser- Americans to learn more about our law, our scholarship is Christine Marie Leavens of Red vation or management program designed to legal system, and our rights. It is also a day Bank High School School. The 2nd place win- protect these unique ecosystems from deg- to reflect on our legal heritage, our responsibil- ner is Rachael Stewart of Ooltewah High radation. This legislation will make available ities as citizens, and the principles of our School, and 3rd place winner is William An- resources for environmental stewardship that democratic government. Law Day has been a drew Whitener of Ooltewah High School. would otherwise be of the lowest priority in a vital part of American life for several genera- In Division 2 of the Law Day Essay Con- developing country. It will reduce debt by in- tions. Law Day has celebrated our great herit- test—1st place winning a $1,000 college vesting locally in programs that will strengthen age of liberty, justice and equality under law scholarship is Taylor Dickinson of Girls Pre- indigenous economies by creating long-term since it was first proclaimed in 1958 by Presi- paratory School; 2nd place winner is Radhika management policies that will preserve the dent Eisenhower. Law Day gives us the op- Patel of Baylor School; and receiving 3rd natural resources upon which local commerce portunity to reflect on how the law protects place is John D. Whitehurst of McCallie is based. and guides America’s quest for equal justice School. Madam Speaker, this legislation has enor- and equal opportunity, just as it permits us to The Law Day Poetry Contest is open to all mous consequences for the existence of crit- express our opinions, select our leaders, wor- sixth, seventh, and eighth graders of the same ical ecosystems, the health of our planet, and ship where we choose, and pursue our liveli- demographics. Winning 1st place is Margaret the livelihoods of millions of people across the hood. Thanks to the freedoms guaranteed by M. Copler; 2nd place winner is Mary Woodruff globe. I am proud to introduce the Forest and our Constitution, and protected by our laws Griffin; and 3rd place is Parker Mallchok, all of Coral Conservation Act, which will help pre- and courts, we American have the oppor- Girls Preparatory School.

VerDate Nov 24 2008 10:08 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR07\E07MY7.000 E07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 8 11485 The Law Day Visual Arts contest is open to the importance of school-based music edu- Meetings scheduled for Monday, May fourth and fifth graders of the same demo- cation to youth development will be resolved 7, 2007 may be found in the Daily Di- graphics. Winning 1st place is Dennis Sohn on by the full 110th Congress. gest of today’s RECORD. his artwork titled ‘‘Protect Peacefully’’; winning Truly, Hunters Lane High School expresses our community’s commitment to music edu- 2nd place is Victoria Reed Schaaf on her art- MEETINGS SCHEDULED work titled ‘‘Step By Step . . . Drinking and cation, and I hope that this honor only furthers Driving’’; and winning 3rd Place is Lauren the school’s goals. That is why today I ask my MAY 8 Michelle Hood on her artwork titled ‘‘Liberty colleagues to join me in saluting the students, Empowering Future Leaders’’. All winners in teachers and administrators of Hunters Lane, 10 a.m. Commerce, Science, and Transportation the art division are from St. Peter’s Episcopal who have worked hard to make their music Business meeting to consider pending program one of the best in the country. May School. calendar business. Madam Speaker, I ask the United States this award inspire other public schools across SR–253 House of Representatives to join me in thank- the nation to follow in their footsteps. Finance ing the Board of Governors of the Chat- f To hold an oversight hearing to examine tanooga Bar Association for their contributions PAYING TRIBUTE TO THE GIL the Medicare prescription drug benefit. and commitment to the legal profession and to SD–215 FAMILY the Chattanooga community. The members of Health, Education, Labor, and Pensions the CBA Board of Governers are Lynda Minks To hold hearings to examine community Hood, Executive Director; James M. Haley, IV, HON. JON C. PORTER integration and recovery, focusing on President; Cynthia D. Hall, President-elect; OF NEVADA transforming mental health and sub- The Honorable Barry A. Steelman, Secretary- IN THE HOUSE OF REPRESENTATIVES stance abuse systems of care. SD–628 Treasurer; Joseph R. White, Immediate Past Monday, May 7, 2007 Judiciary President; Barry L. Abbott, David Elliott, Ira M. Mr. PORTER. Madam Speaker, I rise today To hold hearings to examine privacy and Long, Jr., John T. Rice, The Honorable Jac- to honor the Gil family, proprietors of the Casa civil liberties concerns, focusing on the queline Schulten, and Christopher T. Varner. Don Juan restaurant, who were named the REAL ID Act (Public Law 109–13). f Small Business Association’s Family Owned SD–226 Small Business of the Year for the State of 2:30 p.m. RECOGNIZING THE HUNTERS LANE Appropriations HIGH SCHOOL MUSIC PROGRAM Nevada. Over 10 years ago, Maria and Raul Gil Energy and Water Development Sub- moved to Las Vegas from California looking committee HON. JIM COOPER for an opportunity to own and operate a family To hold hearings to examine the policies and funding necessary for reducing OF TENNESSEE restaurant. Upon arriving in Las Vegas the U.S. oil dependence relating to the re- IN THE HOUSE OF REPRESENTATIVES Gil’s recognized that there was a lack of Mexi- sults of an analysis conducted to assess Monday, May 7, 2007 can restaurants, and subsequently opened the economic impact of implementing Casa Don Juan. Over the past 10 years, Casa Mr. COOPER. Madam Speaker, today I rise the Energy Security Leadership Coun- Don Juan has built up its clientele with excel- cil’s recommendations to the Nation. to pay tribute to the students, teachers and lent food and service and now employs over SD–192 administrators of the music department at 40 people, including the Gil’s children, Nancy, Intelligence Hunters Lane High School in Nashville, Ten- Denisse and Billy. Closed business meeting to consider cer- nessee. They are tonight celebrating a well- Casa Don Juan is located on Main Street in tain intelligence matters. deserved designation as a Signature School downtown Las Vegas and has greatly bene- SH–219 by the Grammy Foundation and the Gibson fited from the recent development and revital- MAY 9 Foundation, an honor given to just 22 schools ization efforts. The Gil’s now plan to expand across the country. Casa Don Juan to meet the growing demand 9:30 a.m. Hunters Lane is one of Nashville’ s fine pub- from their very satisfied and loyal clientele. Agriculture, Nutrition, and Forestry To hold hearings to examine farm bill lic high schools, and in a city known for its Madam Speaker, I am proud to honor Raul, policy proposals relating to farm and music, Hunters Lane’s program lives up to our Maria, Nancy, Billy and Denisse Gil. Their in- community’s highest standards. The Warriors energy issues and rural development. novative spirit and hard work are commend- SR–328A boast a marching band, a concert band, a jazz able and I wish the Gil family continued suc- Foreign Relations band and a drum line, in addition to a bustling cess at Casa Don Juan. To hold hearings to examine climate choral music program, all of which perform to f change relating to national security great acclaim. Indeed, the students at Hunters threats. Lane are a talented bunch. SENATE COMMITTEE MEETINGS SD–419 I was pleased, Madam Speaker, but not sur- Title IV of Senate Resolution 4, Veterans’ Affairs prised to learn that Hunters Lane was being agreed to by the Senate on February 4, To hold hearings to examine on benefits recognized with a $5,000 grant from the 1977, calls for establishment of a sys- legislation. Grammy Foundation and the Gibson Founda- tem for a computerized schedule of all SD–562 tion to benefit the school’s guitar and piano meetings and hearings of Senate com- 10 a.m. programs. Hunters Lane was selected from mittees, subcommittees, joint commit- Judiciary Business meeting to consider S. 376, to over 20,000 schools and 700 applicants. tees, and committees of conference. amend title 18, United States Code, to Clearly, their music program is the cream of This title requires all such committees improve the provisions relating to the the crop. to notify the Office of the Senate Daily carrying of concealed weapons by law I am particularly proud of Hunters Lane’s Digest—designated by the Rules Com- enforcement officers, and S. 221, to commitment to music education. Just two mittee—of the time, place, and purpose amend title 9, United States Code, to weeks ago in the House of Representatives, of the meetings, when scheduled, and provide for greater fairness in the arbi- we passed a resolution I offered with my col- any cancellations or changes in the tration process relating to livestock league Mr. PORTER expressing the sense of meetings as they occur. and poultry contracts. Congress that ‘‘music education grounded in As an additional procedure along SD–226 rigorous instruction is an important component with the computerization of this infor- Environment and Public Works mation, the Office of the Senate Daily Private Sector and Consumer Solutions to of a well-rounded academic curriculum and Global Warming and Wildlife Protec- should be available to every student in every Digest will prepare this information for tion Subcommittee school.’’ Music education, the House found, printing in the Extensions of Remarks To hold hearings to examine emerging helps students ‘‘analyze, solve problems, com- section of the CONGRESSIONAL RECORD technologies and practices for reducing municate, and work cooperatively.’’ Soon I ex- on Monday and Wednesday of each greenhouse gas emissions. pect the Senate to concur in this matter, and week. SD–406

VerDate Nov 24 2008 10:08 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00011 Fmt 0689 Sfmt 0634 E:\BR07\E07MY7.000 E07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD 11486 EXTENSIONS OF REMARKS, Vol. 153, Pt. 8 May 7, 2007 10:30 a.m. Neff, to be United States District Wild and Scenic Rivers Act to des- Appropriations Judge for the Western District of ignate certain segments of the New Defense Subcommittee Michigan, and Liam O’Grady, to be River in the States of North Carolina To hold hearings to examine proposed United States District Judge for the and Virginia as a component of the Na- budget estimates for fiscal year 2008 for Eastern District of Virginia. tional Wild and Scenic Rivers System, the Department of Defense. SD–226 S. 1209, to provide for the continued ad- SD–192 Commerce, Science, and Transportation ministration of Santa Rosa Island, 2:30 p.m. Oceans, Atmosphere, Fisheries, and Coast Channel Islands National Park, in ac- Commerce, Science, and Transportation Guard Subcommittee cordance with the laws (including regu- Consumer Affairs, Insurance, and Auto- To hold hearings to examine the effects motive Safety Subcommittee of climate change and ocean acidifica- lations) and policies of the National To hold hearings to examine All-Terrain tion on living marine resoucres. Park Service, S. 1281, to amend the Vehicle (ATV) safety. SR–253 Wild and Scenic Rivers Act to des- SR–253 Appropriations ignate certain rivers and streams of Foreign Relations State, Foreign Operations, and Related the headwaters of the Snake River Sys- To hold hearings to examine the nomina- Programs Subcommittee tem as additions to the National Wild tions of Dell L. Dailey, of South Da- To hold hearings to examine proposed and Scenic River System, H.R. 161, to kota, to be Coordinator for Counter- budget estimates for fiscal year 2008 for adjust the boundary of the Minidoka terrorism, with the rank and status of the Department of State and foreign Internment National Monument to in- Ambassador at Large, and Mark P. operations. clude the Nidoto Nai Yoni Memorial in Lagon, of Virginia, to be Director of SD–192 Bainbridge Island, Washington, H.R. the Office to Monitor and Combat Traf- 2:30 p.m. 247, to designate a Forest Service trail ficking, with the rank of Ambassador Homeland Security and Governmental Af- at Waldo Lake in the Willamette Na- at Large. fairs tional Forest in the State of Oregon as SD–419 To hold hearings to examine violent a national recreation trail in honor of 3 p.m. Islamist extremism, focusing on gov- Jim Weaver, a former Member of the Appropriations ernment efforts to defeat it. House of Representatives, and H.R. 376, Financial Services and General Govern- SD–342 to authorize the Secretary of the Inte- ment Subcommittee 3 p.m. To hold hearings to examine proposed Banking, Housing, and Urban Affairs rior to conduct a special resource study budget estimates for fiscal year 2008 for To hold hearings to examine the nomina- to determine the suitability and feasi- the Internal Revenue Service. tions of David George Nason, of Rhode bility of including the battlefields and SD–192 Island, to be a Member of the Board of related sites of the First and Second Aging Directors of the National Consumer Co- Battles of Newtonia, Missouri, during To hold hearings to examine the future operative Bank, Nguyen Van Hanh, of the Civil War as part of Wilson’s Creek of Medicare, focusing on recognizing California, to be a Member of the Board National Battlefield or designating the the need for chronic care coordination. of Directors of the National Consumer battlefields and related sites as a sepa- SD–106 Cooperative Bank, David George rate unit of the National Park System. Nason, of Rhode Island, to be an Assist- SD–366 MAY 10 ant Secretary of the Treasury, Mario 9 a.m. Mancuso, of New York, to be Under MAY 16 Homeland Security and Governmental Af- Secretary of Commerce for Export Ad- 10 a.m. ministration, Michael W. Tankersley, fairs Judiciary of Texas, to be Inspector General, Ex- Oversight of Government Management, the To hold hearings to examine rogue online port-Import Bank, Bijan Rafiekian, of Federal Workforce, and the District of pharmacies, focusing on the growing Columbia Subcommittee California, to be a Member of the Board of Directors of the Export-Import Bank problem of internet drug trafficking. To hold hearings to examine a status re- SD–226 port on reform efforts by the Under of the United States, Scott A. Keller, Veterans’ Affairs Secretary of Homeland Security for of Florida, to be an Assistant Sec- To hold hearings to examine the nomina- Management. retary of Housing and Urban Develop- tion of Michael K. Kussman, of Massa- SD–342 ment, Robert M. Couch, of Alabama, to 9:30 a.m. be General Counsel of the Department chusetts, to be Under Secretary for Energy and Natural Resources of Housing and Urban Development, Health of the Department of Veterans To hold hearings to examine the nomina- and Janis Herschkowitz, of Pennsyl- Affairs. tions of Joseph Timothy Kelliher, of vania, to be a Member of the Board of SD–562 the District of Columbia, to be a Mem- Directors of the National Consumer Co- 2:30 p.m. ber of the Federal Energy Regulatory operative Bank. Commerce, Science, and Transportation Commission, and R. Lyle Laverty, of SD–538 Business meeting to consider pending Colorado, to be Assistant Secretary for calendar business. Fish and Wildlife. MAY 15 SR–253 SD–366 10 a.m. Small Business and Entrepreneurship Indian Affairs Commerce, Science, and Transportation Business meeting to markup S. 1256, to Business meeting to consider pending To hold hearings to examine communica- amend the Small Business Act to reau- legislative business. tions, taxation and federalism. thorize loan programs under that Act. SR–485 SR–253 SR–428A Appropriations 2:30 p.m. Transportation, Housing and Urban Devel- Energy and Natural Resources MAY 17 opment, and Related Agencies Sub- National Parks Subcommittee committee To hold hearings to examine S. 553, to 9:30 a.m. To hold hearings to examine the Federal amend the Wild and Scenic Rivers Act Armed Services Aviation Administration’s budget per- to designate certain segments of the To hold hearings to examine the United formance and treatment. Eightmile River in the State of Con- States European Command in review of SD–138 necticut as components of the National the Defense Authorization Request for 10 a.m. Wild and Scenic Rivers System, S. 800, Fiscal Year 2008 and the Future Years Finance to establish the Niagara Falls National Defense Program. To hold hearings to examine economic Heritage Area in the State of New SH–216 issues for America’s working families York, S. 916, to modify the boundary of 10 a.m. and middle class. the Minidoka Internment National Commerce, Science, and Transportation SD–215 Monument, to establish the Minidoka To hold hearings to examine violence in Judiciary National Historic Site, to authorize the the media. To hold hearings to examine the nomina- Secretary of the Interior to convey cer- SR–253 tions of Leslie Southwick, of Mis- tain land and improvements of the sissippi, to be United States Circuit Gooding Division of the Minidoka Judge for the Fifth Circuit, Janet T. Project, Idaho, S. 1057, to amend the

VerDate Nov 24 2008 10:08 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00012 Fmt 0689 Sfmt 0634 E:\BR07\E07MY7.000 E07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD May 7, 2007 EXTENSIONS OF REMARKS, Vol. 153, Pt. 8 11487 MAY 22 ginia, to be Chairman and Commis- MAY 10 10 a.m. sioner of the Consumer Product Safety 2:30 p.m. Commerce, Science, and Transportation Commission, and Charles Darwin Intelligence Surface Transportation and Merchant Ma- Snelling, of Pennsylvania, to be a To hold closed hearings to examine cer- rine Infrastructure, Safety and Secu- Member of the Board of Directors of tain intelligence matters. rity Subcommittee the Metropolitan Washington Airports SH–219 To hold hearings to examine rail safety Authority. reauthorization. SR–253 SR–253 POSTPONEMENTS MAY 23 CANCELLATIONS 9:30 a.m. 2 p.m. Veterans’ Affairs Judiciary To hold hearings to examine on health MAY 9 To hold hearings to examine the nomina- legislation. 10 a.m. tion of Michael J. Sullivan, of Massa- SD–562 Rules and Administration chusetts, to be Director, Bureau of Al- To hold hearings to examine improving cohol, Tobacco, Firearms, and Explo- MAY 24 energy efficiency, increasing the use of sives. 10 a.m. renewable sources of energy, and reduc- SD–226 Commerce, Science, and Transportation ing the carbon footprint on the Capitol To hold hearings to examine the nomina- complex. tions of Michael E. Baroody, of Vir- SR–301

VerDate Nov 24 2008 10:08 Apr 27, 2010 Jkt 059102 PO 00000 Frm 00013 Fmt 0689 Sfmt 0634 E:\BR07\E07MY7.000 E07MY7 WReier-Aviles on DSKGBLS3C1PROD with BOUND RECORD